LETTER OF DEPARTMENT OF CUSTOMS AFFAIRS OF THE MINISTRY OF THE INCOME AND CHARGES OF UKRAINE

of May 24, 2013 No. 99-24/2-04/1180

About preparation of provisions and job descriptions

For the purpose of observance of regulations of the current legislation of Ukraine about work and public service it is necessary for you till 28.05.2013:

1. Approve regulations on structural divisions of subordinate customs.

2. Approve job descriptions to each position in division (separately) provided by the staff list of customs.

3. Report on accomplishment of items 1-2 of this letter and provide to Management of personnel work of Department of customs affairs of the copy of orders of customs on approval of regulations on structural divisions.

In case of project development of job descriptions to use the Reference book of standard vocational characteristics of positions of government employees which is approved by the order of National civil service of Ukraine of 13.09.2011 No. 11.

Realizing the powers of Department of customs affairs determined by the order of the Minister of the income and charges of Ukraine of 09.04.2013 No. 10-r "About fixing of functions" (item 3 of the fixed functions from item 5 of the Regulations on the Ministry of the income of charges of Ukraine) within the competence we provide recommendations concerning preparation of regulations on structural divisions of customs (are applied).

Appendix 1

to the Letter of Department of customs affairs of May 24, 2013 No. 99-24/2-04/1180

Recommendations concerning preparation of regulations on customs post of customs Mindokhodov

In regulations on customs post it is reasonable to determine the following:

The customs post carries out such tasks:

1. Direct implementation of customs affairs, control of observance of the legislation of Ukraine by all legal entities and physical persons concerning customs affairs.

2. Application according to the laws of Ukraine of measures of tariff and non-tariff regulation, complete and timely collection of taxes, charges (other obligatory payments) when moving goods and vehicles of commercial appointment through customs border of Ukraine or carrying out customs procedures.

3. Taking measures to protection of consumer interests of goods, non-admission of import to the territory of Ukraine and release in free circulation of low-quality goods, goods which do harm to the environment and do not meet the standards and the requirements existing in Ukraine.

4. Creating favorable conditions for acceleration of goods turnover, passenger traffic growth in volumes through customs border of Ukraine and protection of intellectual property rights of legal entities and physical persons in the course of implementation of foreign economic activity.

5. Control of movement of currency and cultural values through customs border of Ukraine.

6. Fight against smuggling and customs offenses.

7. Customs post according to the tasks assigned to it:

7.1. Exercises in zone of the activities customs control and customs clearance of goods and vehicles of commercial appointment which are imported on customs area of Ukraine.

7.2. Exercises control of reliability of classification of goods according to UKTVED, determination of customs value and the country of goods' origin which move through customs border of Ukraine.

7.3. Accrues and collects taxes, charges and other payments which collection according to the legislation of Ukraine is assigned to customs authorities.

In accordance with the established procedure prepares and provides to the relevant divisions of customs information on questions of collection of taxes and charges.

7.4. Provides holding actions for control of the goods delivery and vehicles which are under customs control, in customs authorities of appointment.

7.5. Realizes actions plans on prevention of smuggling and customs offenses; opens cases on customs offense.

7.6. Regularly informs customs on the external economic transactions performed by the subjects of managing located in zone of its activities.

7.7. Informs customs on violation of the procedure of the international motor transportations.

7.8. Demands from legal entities and physical persons when implementing customs control and customs clearance of goods and vehicles representation of permissions of state bodies.

7.9. Uses in the course of implementation of customs control technical and special means which are safe for life and human health, of animals and plants and do not do harm to goods and vehicles. Provides operation of these means according to requirements of technical documentation, and also their safety.

7.10. Takes measures for ensuring collection in full of taxes, charges (other obligatory payments) in the procedure established by the legislation.

7.11. Uses technological schemes of customs control and customs clearance of goods and vehicles of commercial appointment which are effective in the locations of divisions of customs post through which automobile, railway, air or water communication is performed.

7.13. Provides daily to customs operational information about situation in zone of the activities. Within the competence takes measures for normalization of operational situation in case of its complication.

7.14. Determines, by results of application of risk management system, form and amount of customs control in specific cases of movements of goods and vehicles through customs border of Ukraine.

7.15. Realizes actions for risk management by accomplishment of the customs formalities determined by results of application of risk management system, and introduction in accordance with the established procedure of information on results of their accomplishment in the automated system of customs clearance of goods.

The customs post has such rights:

1. Demand from subjects of business activity, customs applicants and carriers the documents necessary for implementation of customs control and customs clearance of goods and vehicles of commercial appointment which move through customs border of Ukraine.

2. Stop and return to the customs control zone vehicles, citizens, and also goods and other objects which move them out of limits of the customs control zone without the permission of customs authority.

3. Refuse adoption of the customs declaration, customs clearance or the omission of goods and vehicles through customs border of Ukraine with registration of card of refusal in adoption of the customs declaration, customs clearance or the omission of goods and vehicles through customs border of Ukraine.

4. Based on efficiency analysis of application of customs procedures to prepare and provide to the head of customs of the offer concerning implementation in activities of division of customs clearance of the advanced principles of work, taking measures to increase in efficiency of customs control.

5. Develop independently and take part in development of customs of technologies by other divisions (procedures, instructions, etc.) of implementation of customs control and customs clearance of goods and vehicles of commercial appointment.

6. Prepare requests and receive in accordance with the established procedure from divisions of customs, other state bodies, subjects of business activity and citizens information and materials necessary for accomplishment of the tasks assigned to division of customs clearance.

7. Give to management of customs of the offer concerning appointment, movement, advanced training of staff of division of customs clearance, and also concerning encouragement of officials of division of customs clearance or imposing of penalties on them.

8. At the request of management of customs to take part in work of the commissions, expert groups, in meetings, seminars, etc. on the questions belonging to competence of division of customs clearance.

9. Prepare offers of rather priority directions of implementation of actions on risk management during customs control and registration.

10. Prepare offers concerning enhancement of the public customs affairs, implementation of the international experience in work of bodies of the income and charges in the direction of risk management when implementing customs control and registration of goods and vehicles.

11. Prepare offers on application of risk management system during customs control and registration of goods and vehicles.

12. Prepare, by results of customs control and registration of goods and vehicles, the offer concerning development of profiles of risk and other actions for risk management.

Management of customs post

1. The chief of customs post answers for:

high-quality, full and timely implementation of the tasks assigned to customs post;

complete and timely collection of taxes, charges (other obligatory payments) in zone of activities of customs post;

observance by officials of customs post of requirements of the legislation of Ukraine;

organization of work on identification and termination of smuggling and customs offenses;

organization of work on labor protection, creation of safe working conditions, ensuring compliance with fire safety.

The chief of customs post according to the obligations assigned to it:

controls accomplishment by officials of customs post of service duties;

gives to officials of customs post instructions and controls their accomplishment, quality and timeliness of accomplishment by officials of customs post of orders of regional customs, customs; signs in-house documents according to the powers;

provides to management of customs of the offer concerning selection and placement of personnel, improvement of work of customs post;

will organize professional training of staff of customs post and takes part in this preparation;

will organize and conducts educational and scheduled maintenance among staff of customs post; offers management of customs application of encouragement and penalties to officials of customs post;

provides protection of the state secret during all types of confidential works with documents and products which contain the state secret; controls accomplishment by officials of customs post of the legislation concerning protection of the state secret;

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