LAW OF UKRAINE

of January 14, 2020 No. 440-IX

About modification of the Customs code of Ukraine and some other legal acts of Ukraine in connection with carrying out administrative reform

The Verkhovna Rada of Ukraine decides:

I. Bring in the Customs code of Ukraine (Sheets of the Verkhovna Rada of Ukraine, 2012, Art. No. No. 44-48, 552) the following changes:

1. In Article 11:

Part the fourth to state 1) in the following edition:

"4. Do not treat information with limited access and data of rather specific export-import transactions, consent to which promulgation is provided by the customs applicant (except cases of reference of such data to the state secret) in the form determined by the central executive body which provides forming and realizes the state financial policy, and also the data entered by customs applicants of the customs declaration according to part eight of article 257 of this Code, except for Items 2, of 4, of subitems "b", "v", "d"," є", "з" Item 5, of Items 6, 7 and 9 parts eight of the specified Article", cannot be trade secret;

To add 2) with part five of such content:

"5. Provision or promulgation of the depersonalized summary information for the statistical purposes, the depersonalized analytical information, the depersonalized information of rather specific export-import transactions brought by customs applicants of the customs declaration according to part eight of article 257 of this Code, except for Items 2, of 4, of subitems "b", "v", "d"," є", "з" Item 5, of Items 6, 7 and 9 parts eight of the specified Article including information which concerns customs value of goods, the depersonalized information on general questions of work of customs authority, the depersonalized information which concerns offenses, and also public discussion in mass media and society of the questions concerning customs affairs is not considered disclosure of information with limited access.

Provision and promulgation of such information are performed by the central executive body realizing the state customs policy, on a grant basis and in the form of open data in amounts which do not contradict international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine, and according to the procedure which is determined by the Cabinet of Ministers of Ukraine".

2. The fourth Article 21 to add part with the words "on the official website of the central executive body realizing the state customs policy".

3. To state the name of Chapter 4 in the following edition:

"Chapter 4. Appeal of decisions, actions or failure to act of customs authorities, their officials and other workers and procedure for consideration of addresses by customs authorities".

4. State Article 26 in the following edition:

"Article 26. Requirements to form and content of claims and other addresses, terms of their representation, procedure and terms of their consideration

1. Requirements to form and content of claims and other addresses of citizens, terms of their representation, procedure and terms of their consideration, and also responsibility for violation of the legislation on addresses of citizens are determined by the Law of Ukraine "About addresses of citizens" and this Code.

2. Claims and other addresses of citizens are considered by the central executive body realizing the state customs policy, customs and their officials according to the powers determined in this Code and regulations on the relevant customs authority.

Customs authorities and their officials to whose powers consideration of addresses of citizens belongs shall consider objectively and timely them, check the facts stated in them, make decisions according to the current legislation and provide their accomplishment, submit the reasonable answer within the term established by the law.

3. The claim of the company shall contain all necessary details of this company and to be signed by the head of this company or person fulfilling its duties. If other is not provided by the law, claims of the companies are submitted and considered in the same procedure and in the same terms, as claims of citizens.

4. The claim shall contain specific information on subject of appeal and to be properly reasoned. If person during submission of the claim cannot provide the corresponding proofs, such evidence can be produced later, but within the term allotted by the law for consideration of the claim.

5. The answer by results of consideration of claims and other addresses is submitted within the term established by the law by that customs authority which received these addresses, signed by the head or his deputy.

6. If the questions raised in the address received by customs authority are not included into its power, it in time no more than five days is sent by such customs authority on accessory to relevant organ or the official about what it is reported to the author of the address. If the address does not contain the data necessary for acceptance of reasoned decision by customs authority or the official, it returns to the author of the address with the corresponding explanations to the same time".

5. Add with Article 31-1 of the following content:

"Article 31-1. Application of electronic documents and electronic document management in customs affairs

1. Statements, addresses, requests, claims, other documents which submission to customs authorities is provided by this Code can move to customs authorities in electronic form.

2. The decisions and other documents provided by this Code which are created by customs authorities in case of realization of powers can be published in the form of electronic documents according to the Law of Ukraine "About electronic documents and electronic document management". In the cases established by the legislation concerning customs affairs, electronic documents will be transformed to the visual form suitable for perception of its content by the person, in format which makes impossible further modification of them, with imposing of the qualified digital signature.

3. Formats, structure of the documents specified in parts one and the second this Article protocols of data exchange and other technical specifications are determined by the central executive body realizing the state customs policy with publication of the relevant information on the official website".

6. Add Article 56 with part two of the following content:

"2. It is not considered disclosure of information with limited access, confidential information and trade secret and does not require special permission of person or body which submit such information, promulgation by customs authority of the depersonalized information of rather specific export-import transactions brought by customs applicants of the customs declaration according to part eight of article 257 of this Code, except for Items 2, of 4, of subitems "b", "v", "d"," є", "з" Item 5, of Items 6, 7 and 9 parts eight of the specified Article including information which concerns customs value of goods which move through customs border of Ukraine in amounts which do not contradict international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine".

7. Third of Article 197 to state part in the following edition:

"3. Movement of currency of Ukraine, foreign currency, bank metals through customs border of Ukraine is performed taking into account requirements of the Law of Ukraine "About currency and currency transactions".

8. The fifth Article 233 to state part in the following edition:

"5. Transactions with international post and express departures (unpacking, repacking, presentation for survey, including when implementing actions of official control and so forth) and their storage before release in free circulation or return to senders are performed under customs control in places of the international post exchange and the central (regional) marshaling yards.

The procedure for determination and the equipment of places of the international post exchange is established by the central executive body which provides forming and realizes state policy in the field of provision of services of mail service, in coordination with the central executive body which provides forming and realizes the state financial policy.

The procedure for determination and the equipment of the central (regional) marshaling yards is established by the central executive body which provides forming and realizes the state financial policy".

9. In part five of Article 239 of the word "person who fulfills its duties" shall be replaced with words "his deputy".

10. In Article 247:

Part one to add 1) with the paragraph the second such content:

"In the cases determined by federal executive body which provides forming and realizes the state financial policy, customs formalities which are carried out by the automated system of customs clearance in the automatic mode are performed round the clock";

Part third to add 2) with the paragraph the second such content:

"In cases and according to the procedure which are determined by the central executive body which provides forming and realizes the state financial policy, separate or all customs formalities which are subject to accomplishment by customs authorities can be carried out by officials of other customs authority, than customs authority to which goods, vehicles of commercial appointment, or the automated system of customs clearance are shown".

11. In Article 255:

Shall be replaced with words 1) in part one of the word "during four working hours from the moment of presentation to body of the income and charges" "in the shortest possible time, but no more than four working hours from the moment of presentation to customs authority";

Item 3 parts two to state 2) in the following edition:

"3) carrying out researches (the analysis, examination) tests and samples of goods if goods are not issued according to the declared customs regime according to the temporary customs declaration according to this Code".

12. Add Article 257 with part eleven of the following content:

"11. Customs authorities and their officials for accomplishment of the tasks determined by this Code have the right to free receipt of services of the qualified digital signature which are provided by the central executive body which realizes the state tax policy, according to the procedure, determined by the central executive body which provides forming and realizes the state financial policy".

13. Third of article 315 after words of "the head of body of the income and charges" to add part with the words "or his deputy".

14. In Article 320:

Part one to state 1) in the following edition:

"1. Forms and amounts of customs control are chosen:

1) officials of customs authorities based on results of application of risk management system; and/or

2) automated control system for risks.

Determination of forms and amounts of customs control by other public authorities, and also participation of their officials in implementation of customs control is not allowed";

"The control sufficient for ensuring compliance with the legislation of Ukraine concerning customs affairs and the international treaties of Ukraine signed according to the law" shall be replaced with words 2) in word part two "customs control";

To add 3) with part four of such content:

"4. Forms and the amount of customs control determined according to Item 2 parts one of this Article are obligatory for execution by officials of customs authorities. Adoption of the decision by these officials concerning non-realization of customs control in the specified forms and amounts is not allowed.

2 parts one of this Article of form and amounts of customs control determined according to Item can be changed or cancelled in cases and according to the procedure which are determined by the central executive body which provides forming and realizes the state financial policy".

15. In part two of Article 332 of the word "others, except customs, territorial authorities of the central executive body realizing the state customs policy and also officials" to replace with the word of "others", and words "faces which fulfill its duties" - words of "his deputy".

16. In paragraph one of part three of Article 338 of the word "person who fulfills its duties" shall be replaced with words "his deputy".

17. In Article 340:

1) in word part one "person who fulfills its duties" shall be replaced with words "his deputy";

Shall be replaced with words 2) in part two of the word "or person fulfilling its duties" "or his deputy".

18. The eighth articles 353 after words of "body of the income and charges" to add part with the words "or his deputy".

19. In Article 354:

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