THE ORDER OF THE STATE COMMITTEE OF UKRAINE CONCERNING REGULATORY POLICY AND THE ENTREPRENEURSHIP OF THE STATE CUSTOMS SERVICE OF UKRAINE

of March 25, 2004 No. 34/212

About approval of Licensed conditions of implementation of intermediary activities of customs carrier

List of amending documents

According to article 9 of the Law of Ukraine "About licensing of certain types of economic activity" (with changes and amendments) and resolutions of the Cabinet of Ministers of Ukraine of 14.11.2000 of N1698 "About Approval of the List of Bodies of Licensing" (with changes and amendments) we ORDER:

1. Approve the applied Licensed conditions of production of intermediary activities of customs carrier (further Licensed conditions).

2. To department of the organization of customs control (Semk S. M.) and Management of legal work and enhancement of the customs legislation (Stupak Yu. V.) Legal support department of State Customs Service of Ukraine and to Department of registration and licensing (Efremov O. V.) Gospredprinimatelstva of Ukraine to provide provision of this order on state registration in the Ministry of Justice of Ukraine.

3. This order becomes effective in 10 days from the date of its official publication.

4. To impose control of execution of the order on the vice-chairman Gospredprinimatelstva of Ukraine Tretyakov S. I. and First Deputy Chairman of State Customs Service of Ukraine Ivanyuk M. M.

Chairman of the State committee Ukraine concerning regulatory politicians and entrepreneurships

Yu.Avksentyev

Chairman of the State customs services of Ukraine

M. Kalensky

Approved by the Order of the State committee of Ukraine concerning regulatory policy and entrepreneurship, the State Customs Service of Ukraine on March 25, 2004 No. 34/212

Licensed conditions of production of intermediary activities of customs carrier

1. General provisions

1.1. These Licensed conditions are developed according to the Law of Ukraine "About licensing of certain types of economic activity" (with changes and amendments), the Customs code of Ukraine, other regulatory legal acts which regulate production of foreign economic activity and customs affairs.

1.2. Licensed conditions establish qualification, organizational, production and other requirements to production of intermediary activities of customs carrier.

1.3. Execution of these Licensed conditions is obligatory during production of intermediary activities of customs carrier.

1.4. Conditions of production of intermediary activities of customs carrier are regulated by the legislation concerning licensing and to customs affairs.

1.5. Terms in these Licensed conditions are used in such value:

customs carrier - legal entity or physical person - business entity which makes transportation between customs authorities of the goods which are under customs control without application at the same time of stipulated by the legislation measures of providing the goods delivery in customs authority and has the corresponding license granted by the State Customs Service of Ukraine;

the licensee - the subject of housekeeping who obtained the license for production of intermediary activities of customs carrier;

body of licensing - the executive body determined by the Cabinet of Ministers of Ukraine for licensing of certain types of economic activity;

batch:

goods which move to the address of one receiver according to one carriage document (to the way bill, the bill of lading and volume to similar);

goods which belong to legal entities or physical persons (subjects of business activity) and move in hand luggage one physical person in passenger department (salon) of the vehicle on which this person goes;

shipping documents - the documents going together with goods and other objects also contain data on goods which move through customs border of Ukraine.

1.6. In constituent documents of the subject of housekeeping the type of intermediary activities - customs carrier shall be specified.

1.7. Adoption of documents which go for receipt of the license for production of intermediary activities of customs carrier issue, renewal, cancellation of such license, conducting licensed cases and licensed registers of customs carriers are performed by body of licensing - the State Customs Service of Ukraine.

Powers of the State Customs Service of Ukraine as body of licensing can according to its decision be delegated to regional customs.

2. Requirements to production of intermediary activities of customs carrier

2.1. Organizational and qualification requirements to customs carrier

2.1.1. The director, shall have the higher education and work experience at least 3 years in industry of provision of services of international carriages.

2.1.2. The customs carrier shall provide conditions of production of transportations of goods and have in the state workers who shall transport goods which are under customs control and have knowledge of bases of the customs legislation.

2.2. Production requirements to customs carrier

The customs carrier shall:

a) deliver in customs authorities goods and shipping documents without any change of their packaging or condition;

b) observe the delivery date of goods established by customs authority;

c) without the permission of customs authority not to transport together with goods which are under customs control, other goods;

d) place goods which arrived in customs of appointment, in customs control zones;

?) after the goods delivery not to leave them without the permission of customs authority unguarded, not to change the parking lot, not to perform unloading or overload;

e) file to customs authority the documents containing the data necessary for production of customs control and customs clearance of goods;

e) be present at customs clearance of goods and help officials of customs authority during customs clearance of these goods and vehicles;

є) to perform upon the demand of customs authority loading, unloading, overload, goods quantity determination, elimination of damages of packaging, packaging opening, packaging or perepakovka of the goods which are subject to customs clearance and also opening of rooms and other places where these goods can contain;

g) inform customs authorities on damage of container and packaging, discrepancy of goods to the information about them specified in shipping documents;

h) promote as necessary carrying out sanitary and epidemiologic, veterinary, phytosanitary, radiological, environmental control and control of movement of cultural values;

i) comply with conditions and restrictions of use of goods and the order them if the customs clearance is not complete;

?) provide for acquaintance to business entities according to their requirement the license for production of intermediary activities of customs carrier, and also provide to customs information on terms of the contract of the order between the licensee and person who it will represent;

ї) to keep the register of the agreements signed with persons whom it represents and to which provides services and to give the relevant information to customs authority according to its requirement;

й) check before the conclusion of the agreement transportation of power of the owner (principal) for the order by goods;

j) ensure safety of goods and shipping documents during their transportation.

2.3. Technical requirements to customs carrier

2.3.1. The customs carrier for ensuring the activities shall:

a) have available belonging to it on the property rights or uses vehicles (on condition of their proper equipment for production of transportations of goods under customs control);

b) have the license for production of intermediary activities of customs carrier.

2.3.2. The customs carrier shall insure own activities a minimum of what 2000 tax-free minima of the income of citizens.

3. Special requirements to production of intermediary activities of customs carrier

3.1. The customs carrier shall have on the property right or on the right of complete economic vedaniye property which can be carried to the first and second groups of fixed assets according to the Law of Ukraine "About the taxation of profit of the companies".

3.2. Relations of the licensee with person who it represents are determined by the agreement of the order.

3.3. The customs carrier can sign the relevant agreements with State Customs Service of Ukraine.

Provision of powers in pursuance of the same functions concerning batch to several licensees or restriction of powers of the licensee with accomplishment is only not allowed to part of these functions (or accomplishment of transactions within one function).

3.4. The licensee shall store all documentation connected with production of the activities during the term established by the legislation of Ukraine.

Deputy director of Department registration and licensing head of department of licensing

O. B. Ivanchenko

Deputy head of department technologies of customs control head of department of the organization customs control and technologies

A. I. Serbaylo

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