ORDER OF PUBLIC SERVICE OF EXPORT CONTROL OF UKRAINE

of April 27, 2009 No. 31

About approval of the Instruction about registration in Goseksportkontrole of subjects of business activity of Ukraine as subjects of implementation of the international transfers of goods

According to articles 11 and 12 of the Law of Ukraine "About the state control of the international transfers of military goods and double use", the Regulations on Public service of export control of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of 13.06.2007 of N 830, and Item 13 of the Regulations on procedure for conducting examination in industry of the state export control approved by the resolution of the Cabinet of Ministers of Ukraine of 15.07.97 of N 767, I ORDER:

1. Approve the Instruction about registration in Goseksportkontrole of subjects of business activity of Ukraine as subjects of implementation of the international transfers of goods which is applied.

2. To the deputy head of department - the head of department of development of regulations and ensuring activities in the international modes of export control of international legal management Lazarenko Yu. G. provide submission of this order on state registration in the Ministry of Justice of Ukraine in accordance with the established procedure.

3. To the director of the department of state examination Livchin Yu. V. provide studying by employees of the Instruction about registration in Goseksportkontrole of subjects of business activity of Ukraine as subjects of implementation of the international transfers of goods.

4. To the chief of general department of administrative management Tereshchenko A. B. bring the order to Goseksportkontrol's employees.

5. Declare invalid the order of Public service of export control of Ukraine of 25.07.2003 N 183 "About approval of the Instruction about registration in Goseksportkontrole of Ukraine of subjects of business activity as subjects of implementation of the international transfers of goods", registered in the Ministry of Justice of Ukraine 07.08.2003 for N 695/8016 (with changes).

6. To impose control over the implementation of this order on the First Deputy Chairman Goseksportkontrol Grishutkin O. M. according to functional obligations.

7. This order becomes effective from the date of its official publication.

Approved by the Order of Public service of export control of Ukraine of April 27, 2009 No. 31

The instruction about registration in Goseksportkontrole of subjects of business activity of Ukraine as subjects of implementation of the international transfers of goods

I. General provisions

1.1. This Instruction determines order of registration in Goseksportkontrole of subjects of business activity of Ukraine as subjects of implementation of the international transfers of goods.

Registration of subjects of business activity of Ukraine as subjects of implementation of the international transfers of goods is performed by Goseksportkontrol by results of preliminary expert examination of these goods.

1.2. In the Instruction understand the goods entered in the lists constituted and approved according to article 9 of the Law of Ukraine "About the state control of the international transfers of military goods and double use", and also goods concerning which procedures of the state export control according to article 10 of the mentioned Law can be applied and which are declared for conducting preliminary expert examination as the term "goods".

1.3. Subjects of business activity of Ukraine which intend to perform the international transfers of goods are subject to registration, including to carry out the intermediary (broker) activities connected with the international transfers of military goods.

1.4. Registration in Goseksportkontrole of the subject of business activity of Ukraine as subject of implementation of the international transfers of goods is the compulsory provision for conducting the main examination by Goseksportkontrol in industry of the state export control according to the address of such subject concerning receipt of the corresponding permission, Goseksportkontrol's conclusion to the right of implementation of the international transfers of goods or the international import certificate by it.

II. Order of registration

2.1. For registration implementation subjects of business activity of Ukraine file the documents necessary for conducting preliminary expert examination of goods to Goseksportkontrol. The list of documents is determined in Item 13 of the Regulations on procedure for conducting examination in industry of the state export control approved by the resolution of the Cabinet of Ministers of Ukraine of 15.07.97 N 767 (with changes).

The electronic copy of the application on conducting preliminary expert examination of goods (appendix 1 to this Instruction) joins the specified documents.

The statement and documents which are provided by subjects of business activity of Ukraine for registration implementation shall contain complete and reliable information.

Responsibility of subjects external economic deyatelnostifizichesky persons for violation of requirements of the legislation in industry of the state export control determined by article 27 of the Law of Ukraine "About the state control of the international transfers of military goods and double use".

2.2. By results of preliminary expert examination Goseksportkontrol identifies goods, determines conditions of implementation of their international transfers and registers the subject of business activity of Ukraine as subject of implementation of the international transfers of these goods.

In case of the first appeal of the subject of business activity of Ukraine to Goseksportkontrol for conducting preliminary expert examination of goods or in case of modification which are specified in Item 2.4 of this Instruction the Certificate of registration which sample is given in appendix 2 to this Instruction, together with the corresponding explanation about conditions of implementation of the international transfers of the identified goods (further - explanation) which is integral part of the Certificate is issued to the subject by results of preliminary expert examination and registration.

In case of further addresses of the subject of implementation of the international transfers of goods during effective period Udostovereniya about registration for conducting preliminary expert examination of goods and its registration as the subject of implementation of the international transfers of these goods it by results of preliminary expert examination of goods is registered Goseksportkontrol as the subject of implementation of the international transfers of goods (further - the subject) on which the specified preliminary expert examination was carried out, and the explanation about conditions of implementation of the international transfers of these goods which is appendix to the presented subject Udostovereniyu about registration is provided to it.

Data on the received explanations are entered by the subject on reverse side of the Certificate.

The explanations to the Certificate of registration of the subject in Goseksportkontrole about conditions of implementation of the international transfers of goods provided in connection therewith by Item or Item 2.5 of this Instruction are valid for effective period of this Certificate.

2.3. The term of conducting preliminary expert examination cannot exceed 30 days from the date of submission of all necessary documents to Goseksportkontrol, and in case of need for additional interdepartmental approval - after completion of such approval. In time considerations of the address time necessary for obtaining from the subject of business activity of Ukraine of the additional information is not set off.

Goseksportkontrol has the right from the subject of business activity of Ukraine of the additional information, technical references or other documents which contain explanations of the data which are rather submitted the subject and are necessary for acceptance of reasoned decision.

In case when the additional information from the subject of business activity of Ukraine did not arrive in Goseksportkontrol within two months, the statement is considered rejected and is not subject to consideration.

2.4. In case of change of the name of the subject, its identification code on EGRPOU, form of business, the location of the legal entity (except change of the postal index), the places of residence of the physical person - the entrepreneur (except change of the postal index) the Certificate of registration of this subject in Goseksportkontrole and explanations to it about conditions of implementation of the international transfers of goods lose force.

In case of change of the data stated above the subject shall give to Goseksportkontrol the relevant information on such changes in a month.

Registration to the subject of the new Certificate and explanation to it about conditions of implementation of the international transfers of goods taking into account the changes stated above is performed by Goseksportkontrol according to the procedure of and based on the documents determined in Item 2.1 of this Instruction.

2.5. In case of introduction in accordance with the established procedure of changes the changes considering the corresponding changes made by such regulatory legal act are made to regulatory legal acts in industry of the state export control which have the investigation corresponding changes in the name and the description of goods, line item (note) of the control list or conditions of implementation of the international transfers of goods in the explanation provided to the subject or the new explanation is drawn up.

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