RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of May 18, 1994 No. 323

About approval of the Regulations on procedure for deliveries and customs clearance of products in production cooperation of the companies and industries of the State Parties of the CIS

For the purpose of implementation of the Agreement on general terms and the mechanism of support of development of production cooperation of the companies and industries of the State Parties of the Commonwealth of Independent States of December 23, 1993. Agreements between the Cabinet of Ministers of Ukraine and the Government of the Russian Federation on production cooperation of April 24, 1998 and the intergovernmental agreements about production cooperation signed by Ukraine with other State Parties of the CIS which became effective the Cabinet of Ministers of Ukraine DECIDES:

1. Approve Regulations on procedure for deliveries and customs clearance of products in production cooperation of the companies and industries of the State Parties of the CIS it (is applied).

2. To the ministries, departments, the government of the Crimea, the regional, Kiev and Sevastopol city public administrations to bring the specified Provision to the companies, the organizations, organizations which treat the sphere of their management and to organize preparation and the conclusion of intergovernmental, industry and interservice agreements about production cooperation with the relevant ministries and departments of the State Parties of the CIS.

Coordination of the work connected with the conclusion of these agreements to assign: with the Russian Federation - on the Ministry of industrial policy, with other State Parties of the CIS - on the relevant industry ministries and other central executive bodies.

3. The State Customs Service quarterly to submit to the Ministry of industrial policy summary information concerning the carried-out customs clearance of deliveries of goods on intergovernmental and interservice agreements in production cooperation with the State Parties of the CIS.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of May 18, 1994 No. 323

Regulations on procedure for deliveries and customs clearance of products in production cooperation of the companies and industries of the State Parties of the CIS

1. This Provision is developed according to the Agreement on general terms and the mechanism of support of development of production cooperation of the companies and industries of the State Parties of the Commonwealth of Independent States of December 23, 1993 (further - the Agreement) and the Protocol on the mechanism of implementation of this Agreement of April 15, 1994, the Agreement between the Cabinet of Ministers of Ukraine and the Government of the Russian Federation on production cooperation of April 24, 1998.

2. The provision determines procedure for deliveries of products (provision of services) by production cooperation on the basis of the intergovernmental agreements about production cooperation signed by Ukraine with other State Parties of the CIS which became effective, and agreements on production cooperation between the ministries and departments of the State Parties of the CIS, and also condition of customs clearance and the omission of these products through frontier.

The provision does not extend to export (import) of the special components intended for the arms production and military equipment, other specific goods which are subject to non-tariff means of regulation for the purpose of observance of the established international guarantees for import of excise goods except goods by codes according to UKT foreign trade activities 2204 29 12 00 - 2204 29 99 00, 2204 30 96th 00, 2204 30 98th 00, 2106 90 20th 00, 2208 20 40th 00, 2208 20 62nd 00, 2208 20 64th 00, 2208 20 86th 00, 2208 20 87th 00, 2208 20 89th 00, which are used as raw materials for production of wine and cognac products and are not intended for realization to consumers, and goods by codes according to UKTVED 2710 11 11 00, 2710 19 31 10, 2710 19 31 20, 2710 19 31 30, 2711 13 10th 00, 2711 19 00th 00, which are used as raw materials for ethylene production and are not intended for realization to consumers, and also on commodity export, noted in appendix 1, and on commodity import, noted in  appendix 2 to this Provision.

3. Delivery of products in production cooperation is supply of raw materials, materials, nodes, details, spare parts, procurements, semifinished products, component parts and other products of industry and cross-industry appointment which are technologically connected and necessary for joint production of end products.

Provision of services in production cooperation is accomplishment of project and repair work, maintenance and implementation of technological transactions.

Delivery within customs regime of conversion of goods is delivery of products according to the conditions established by the customs legislation of Contracting Parties.

4. Industry and cross-industry agreements on production cooperation are signed by the relevant central executive bodies with authorized bodies of the State Parties of the CIS in coordination with Minprompolitiki.

The protocols provided by the Agreement between the Cabinet of Ministers of Ukraine and the Government of the Russian Federation on production cooperation of April 24, 1998 prepare annually Minprompolitiki together with the MFA, Ministry of Justice, the Ministry of Finance and other central executive bodies according to competence.

Applications projects prepare Minprompolitiki taking into account the offers of Chamber of Commerce and Industry created on the basis of requests of subjects of managing of the different patterns of ownership which are previously approved with the relevant central executive bodies for the annual Protocol. Minprompolitiki approves the generalized applications projects with the Ministry of Finance, authorized body of the Russian Federation and prepares them for signing according to the annual Protocol.

5. In industry, interservice agreements about production cooperation appendices to the annual Protocol lists of the companies and organizations which take part in cooperation are determined and keep specialization of production (provision of services), the nomenclature and amounts of the cooperated deliveries of products (provision of services).

In case of technological need lists of the cooperated deliveries of products can join products of other industries. At the same time responsibility for justification of its inclusion in lists is born by the ministry or department which signed the agreement.

The specified agreements after their signing are subject to registration in the relevant ministries and other central executive bodies. Copies of the registered copies of agreements go to State Customs Service.

6. The amount of products which are delivered in production cooperation within industry and interservice agreements and is subject to quoting, is determined by the relevant ministries and departments within the export quotas established by the Cabinet of Ministers of Ukraine.

7. Implementation of industry and interservice agreements of annual protocols which are signed with the Government of the Russian Federation is performed by the conclusion on their basis of contracts (contracts) between the companies of the State Parties of the Agreement which are the basis for customs clearance and the omission of products through customs border of Ukraine taking into account the conditions determined by Item 9 of this provision.

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