ORDER OF THE STATE CUSTOMS SERVICE OF UKRAINE

of August 20, 2003 No. 565

About approval of the Instruction about the organization and preservation scheme and maintenances of goods by divisions of customs protection of the State Customs Service of Ukraine

In pursuance of requirements of Article 163 of the Customs code of Ukraine and for the purpose of further enhancement of activities of customs authorities and law-enforcement bodies for protection and maintenance of goods which move under customs control on the territory of Ukraine,

I ORDER:

1. Approve the Instruction about the organization and preservation scheme and maintenances of goods by divisions of customs protection of the State Customs Service of Ukraine it (is applied).

2. To management of customs protection (Zhogan A. A.) and (Melnik M. V.) to provide to Legal department provision of this order on state registration in the Ministry of Justice of Ukraine.

3. This order becomes effective 01.01.2004.

4. To impose control of execution of this order on the vice-chairman of the State Customs Service of Ukraine Dyomin Yu. M.

Approved by the Order of the State Customs Service of Ukraine of August 20, 2003 No. 565

The instruction about the organization and preservation scheme and maintenances of goods by divisions of customs protection of the State Customs Service of Ukraine

1. General provisions

1.1. This Instruction is developed in pursuance of requirements of Article 163 of the Customs code of Ukraine and for the purpose of further enhancement of activities of customs authorities for protection and maintenance of goods which move under customs control by road transport on the territory of Ukraine.

1.2. Protection and maintenance of goods are measure of guaranteeing their safety and obligatory delivery in customs authority of appointment and are applied to goods which are under customs control and move customs transit.

1.3. Protection and maintenance of goods are applied on bases of their voluntary election as the owner of goods (authorized by it person) (further - carrier) as alternative to provision to customs authorities of guarantees concerning delivery of these goods in customs authority (further - customs) appointments or transportations on the terms of the Customs convention about international delivery of loads using the book of MDP of 1975. Protection and maintenance is not applied in transit goods by customs carrier.

If the added amount of taxes and fees (obligatory payments) which is subject to payment for goods to which the legislation of Ukraine provides application of measures of guaranteeing delivery and which shall move en route through customs area of Ukraine using the book of MDP exceeds the amount of warranty providing (equivalent of 50 000 US dollars), then the procedure of transportation using the book of MDP is carried out according to article 23 of the Convention MDP and part one of Article 165 of the Customs code of Ukraine.

1.4. The common directorship the organization of protection and maintenance of goods by divisions of customs protection, control of their movement for the territory of Ukraine and delivery in customs of appointment the director of the department of the organization of fight against smuggling and customs offenses (further - the DBK) performs State Customs Services of Ukraine.

Directly chiefs of divisions of customs protection of regional customs, customs direct these activities.

1.5. Control of movement on the territory of Ukraine under protection and support of divisions of customs protection of goods and behind their arrival in customs of appointment is performed by the person on duty on the DBK and persons on duty on customs and on customs protection of regional customs (further - the person on duty on customs).

2. Organization and preservation scheme and maintenances of goods

2.1. In the presence of the goods which are subject to protection and maintenance, the customs of departure provides to regional customs information on the Transit-1 form (appendix 1) about its availability and offers concerning the organization of its protection and maintenance.

2.2. The chief of division of customs protection of regional customs after receipt of information on availability of the goods which are subject to protection and maintenance of customs protection by division, in case of need involvement to its protection and maintenance of forces and means of divisions of customs protection of other regional customs agrees previously on this issue with them for what he sends them information on movement of goods on the Transit-2 form (appendix 2). The answer in the Transit-3 form (appendix 3) on such request it shall be provided within one hour after receipt of information on the Transit-2 form.

In the absence of confirmation in the Transit-3 form from any regional customs protection and maintenance of goods do not begin.

If route length between customs of departure and customs of appointment does not exceed 400 km, protection and escort of vehicles with goods by division of customs guards of customs of departure based on the relevant agreement signed with carrier are performed without attraction of forces and means of other customs authorities through which zones of activities the traffic route lies.

In other case protection and escort of vehicles with goods by division of customs guards of customs of departure without attraction of forces and means of customs authorities through which zones of activities the traffic route lies are performed in coordination with the director of the DBK (authorized by it the official) to the reception-transmission Items determined by Gostamosluzhboy of Ukraine to the distance from which customs of departure does not exceed 400 km.

If questions of protection and maintenance of goods cannot be solved by regional customs, then chiefs of divisions of customs protection of this customs timely inform on it the chief of the DBK (the person on duty on the DBK) for adoption of the relevant decision by it.

After receipt of confirmation the chief of regional customs (person, it replacing) makes the relevant decision which brings to permission of customs of departure (the customs participating in protection and maintenance) in the form of the preservation order and maintenance of goods by division of customs protection (in the Transit-4 form, appendix 4) on possibility of protection and maintenance of goods.

2.3. The chief of customs of departure (person, it replacing) after receipt of the preservation order and maintenance of goods customs protection signs the contract between customs authority and carrier on protection and maintenance of goods by division of customs protection of regional customs (customs) (appendix 5). The agreement is confirmation of election as carrier of this form of guaranteeing the goods delivery in customs of appointment.

The agreement which is signed between customs authority and carrier can be several types: for the caused period, on the caused amount of goods or one-time.

The agreement copy for presentation in customs of appointment during movement of vehicles with goods is at the senior of group of protection and support of division of customs protection then it is stored in cases of division of customs protection of customs, the group of protection and which maintenance performed delivery of vehicles with goods and documents on them in customs of appointment.

The payment for protection and maintenance of goods is brought to or at the time of its registration in customs of departure.

Calculation of cost of protection and maintenance of goods by division of customs protection is performed according to appendix 6 to this Instruction.

2.4. Protection and maintenance of goods by division of customs protection are performed based on the plan task for protection and maintenance of goods by division of customs protection (appendix 7) which is signed by the chief of this division (person, it replacing) and affirms the chief of customs (person, it replacing).

2.5. Protection and maintenance of goods by division of customs protection are performed in the form of general movement in column or with single vehicles of armed groups of protection and support of divisions of customs protection with observance of safety requirements of traffic.

2.6. Movement of vehicles with goods which move en route through the territory of Ukraine under protection and maintenance reception-transmission by its groups of protection and support of divisions of customs protection of regional customs are performed respectively by the main routes and in Items which are determined by the order of State Customs Service of Ukraine according to the legislation.

At the same time Items of reception-transmission of goods by groups of protection and support of divisions of customs protection of the customs subordinated to one regional customs are determined by the order of this regional customs.

In some cases movement of vehicles with goods which move under protection and maintenance by the routes which are not determined by the order of State Customs Service of Ukraine is performed according to additional orders of the chief of the DBK.

Deadline of transit of goods through customs area of Ukraine when implementing transportations by road transport - 10 days.

2.7. The chief of division of customs protection before disposal of group of protection and maintenance for task performance performs instructing of staff of group (under list) concerning task performance, labor protection, procedure for storage and use of weapons.

Proceeding from conditions of each separate case, he specifies Items of technological stops, and also establishes procedure for accommodation of group of protection and maintenance in vehicles during movement and task duration.

2.8. The quantitative structure of group of protection and support of division of customs protection is determined, as a rule, thus:

for protection and maintenance of goods which move on one - two vehicles, - 3 inspectors (one - the driver);

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info