Simplified customs control and clearance of goods – official clarification

05/ 04/ 2022

Listen to online Stop   The European Business Association has repeatedly stressed the need for maximum simplification and the temporary abolition of all types of non-tariff regulations at customs for imports of non-food products, including those from the list of critical imports. Due to the war waged by russia against Ukraine, the number of foreign economic transactions has already decreased, which, in turn, puts at risk the provision of Ukrainian with the necessary daily goods in sufficient quantities. Moreover, hostilities effectively prevented the timely receipt of any permits required for the import and further sale of goods, such as licenses to import fluorinated greenhouse gases, the conclusions of the state sanitary-epidemiological examination, and so on. Realizing the current situation, the state authorities adopted a range of decisions aimed at temporarily simplifying or revoking permits, such as draft law №7190 on tax changes for martial law, signed by the President on April 5, CMU Decree №330, etc. Meanwhile, different business representatives had no common understanding of how to interpret the provisions of the above documents. So last week the EBA asked the Ministry of Economy to clarify the application of the above legislation, such as the necessity to obtain permits, including licenses to import fluorinated greenhouse gases, the conclusions of the Sanitary and Epidemiological Service, the clearance of goods, etc. Recently, the EBA received clarifications from the Ministry of Economy and the Ministry of Finance on customs simplifications provided by the Law (draft law №7190) and CMU Resolution №330. Thus, a simplified method is introduced along with the standard method of customs control, which remains possible. Thus, the simplified method assumes that customs control and clearance of goods, including vehicles, imported into the customs territory of Ukraine through checkpoints of the state border of Ukraine, open to the sea, road, and rail, is carried out without customs duties. These include value-added tax, excise tax, import duty, by submitting a preliminary customs declaration to the customs authority without a customs inspection, without phytosanitary control, and measures of non-tariff regulation of foreign economic activity (except state export control) directly at checkpoints across the state and customs borders of Ukraine. However, the simplified customs control and clearance regime will not apply to certain goods, including ethyl alcohol, alcoholic beverages, beer, tobacco products, tobacco, and liquids used in e-cigarettes. Besides, the issuance of licenses, namely the import of goods, has been suspended. The suspended procedure will be renewed within one month after the cessation or abolition of martial law. The Association is grateful to the Ministry of Economy for detailed clarifications on the peculiarities of the temporary abolition of non-tariff regulation and the customs clearance of goods.  

The European Business Association has repeatedly stressed the need for maximum simplification and the temporary abolition of all types of non-tariff regulations at customs for imports of non-food products, including those from the list of critical imports.

Due to the war waged by russia against Ukraine, the number of foreign economic transactions has already decreased, which, in turn, puts at risk the provision of Ukrainian with the necessary daily goods in sufficient quantities.

Moreover, hostilities effectively prevented the timely receipt of any permits required for the import and further sale of goods, such as licenses to import fluorinated greenhouse gases, the conclusions of the state sanitary-epidemiological examination, and so on.

Realizing the current situation, the state authorities adopted a range of decisions aimed at temporarily simplifying or revoking permits, such as draft law №7190 on tax changes for martial law, signed by the President on April 5, CMU Decree №330, etc.

Meanwhile, different business representatives had no common understanding of how to interpret the provisions of the above documents. So last week the EBA asked the Ministry of Economy to clarify the application of the above legislation, such as the necessity to obtain permits, including licenses to import fluorinated greenhouse gases, the conclusions of the Sanitary and Epidemiological Service, the clearance of goods, etc.

Recently, the EBA received clarifications from the Ministry of Economy and the Ministry of Finance on customs simplifications provided by the Law (draft law №7190) and CMU Resolution №330. Thus, a simplified method is introduced along with the standard method of customs control, which remains possible.

Thus, the simplified method assumes that customs control and clearance of goods, including vehicles, imported into the customs territory of Ukraine through checkpoints of the state border of Ukraine, open to the sea, road, and rail, is carried out without customs duties. These include value-added tax, excise tax, import duty, by submitting a preliminary customs declaration to the customs authority without a customs inspection, without phytosanitary control, and measures of non-tariff regulation of foreign economic activity (except state export control) directly at checkpoints across the state and customs borders of Ukraine.

However, the simplified customs control and clearance regime will not apply to certain goods, including ethyl alcohol, alcoholic beverages, beer, tobacco products, tobacco, and liquids used in e-cigarettes.

Besides, the issuance of licenses, namely the import of goods, has been suspended. The suspended procedure will be renewed within one month after the cessation or abolition of martial law. The Association is grateful to the Ministry of Economy for detailed clarifications on the peculiarities of the temporary abolition of non-tariff regulation and the customs clearance of goods.