of January 14, 2011 No. 11/7-10.09/648-EP
About issue and renewal of licenses for the right of opening and operation of customs licensed warehouse
The subitem third Item 2 of the Section I of the Law of Ukraine "About modification of some legal acts of Ukraine concerning restriction of state regulation of economic activity" excludes part two of Article 216 of the existing Customs code of Ukraine.
According to Item 2 of the Law of Ukraine "About licensing of certain types of economic activity" it is determined that the types of economic activity which are not provided in article 9 of this Law are not subject to licensing.
Considering the above, issue and renewal of licenses for the right of opening and operation of customs licensed warehouse (further - the license) it will be performed after legislative settlement of this question.
Before legislative settlement of this question prolongation of functioning of customs licensed warehouses based on the licenses granted on conditions, determined by the Regulations on opening and operation of customs licensed warehouses approved by the order of State Customs Service of 31.12.96 of N 592, registered in the Ministry of Justice of Ukraine 20.01.97 for N 5/1809 (dalshepolozheniye), except as specified changes of the name of the company warehouse keeper and/or change of code of such company for the Unified state register of the companies and organizations of Ukraine is allowed.
At the same time we pay attention to obligation of control of observance by owners of customs licensed warehouses of conditions of the Provision, in particular Item 10. Based on which 1, licenses were granted.
Besides, the area or amount of customs licensed warehouse cannot change to normative settlement of renewal of licenses.
In addition we explain that the termination of customs or change of zone of its activities is not obstacle for continuation of functioning of customs licensed warehouse based on the license which is earlier obtained in accordance with the established procedure.
Vice-chairman of Service S. M. Syomka
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