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Article 1
15.04.2019 | 12:04 | Department for access to markets and cooperation with WTO.

Article 1: Publication and availability of information

1. Publication

1.1 Each Member shall promptly publish the following information in a non-discriminatory and easily accessible manner in order to enable governments, traders, and other interested parties to become acquainted with them:

(a) procedures for importation, exportation, and transit (including port, airport, and other entry-point procedures), and required forms and documents;

(b) applied rates of duties and taxes of any kind imposed on or in connection with importation or exportation;

(c) fees and charges imposed by or for governmental agencies on or in connection with importation, exportation or transit;

(d) rules for the classification or valuation of products for customs purposes;

(e) laws, regulations, and administrative rulings of general application relating to rules of origin;

(f) import, export or transit restrictions or prohibitions;

(g) penalty provisions for breaches of import, export, or transit formalities;

(h) procedures for appeal or review;

(i) agreements or parts thereof with any country or countries relating to importation, exportation, or transit; and

(j) procedures relating to the administration of tariff quotas.

1.2 Nothing in these provisions shall be construed as requiring the publication or provision of information other than in the language of the Member except as stated in paragraph 2.2.

2. Information Available Through Internet

2.1 Each Member shall make available, and update to the extent possible and as appropriate, the following through the internet:

(a) a description-1 of its procedures for importation, exportation, and transit, including procedures for appeal or review, that informs governments, traders, and other interested parties of the practical steps needed for importation, exportation, and transit;

(b) the forms and documents required for importation into, exportation from, or transit through the territory of that Member;

(c) contact information on its enquiry point(s).

2.2 Whenever practicable, the description referred to in subparagraph 2.1(a) shall also be made available in one of the official languages of the WTO.

2.3 Members are encouraged to make available further trade-related information through the internet, including relevant trade-related legislation and other items referred to in paragraph 1.1.

3. Enquiry Points

3.1 Each Member shall, within its available resources, establish or maintain one or more enquiry points to answer reasonable enquiries of governments, traders, and other interested parties on matters covered by paragraph 1.1 and to provide the required forms and documents referred to in subparagraph 1.1(a).

3.2 Members of a customs union or involved in regional integration may establish or maintain common enquiry points at the regional level to satisfy the requirement of paragraph 3.1 for common procedures.

3.3 Members are encouraged not to require the payment of a fee for answering enquiries and providing required forms and documents. If any, Members shall limit the amount of their fees and charges to the approximate cost of services rendered.

3.4 The enquiry points shall answer enquiries and provide the forms and documents within a reasonable time period set by each Member, which may vary depending on the nature or complexity of the request.

4. Notification

Each Member shall notify the Committee on Trade Facilitation established under paragraph 1.1 of Article 23 (referred to in this Agreement as the "Committee") of:

(a) the official place(s) where the items in subparagraphs 1.1(a) to (j) have been published;

(b) the Uniform Resource Locators of website(s) referred to in paragraph 2.1; and

(c) the contact information of the enquiry points referred to in paragraph 3.1.

(a) procedures for importation, exportation, and transit (including port, airport, and other entry-point procedures), and required forms and documents. Key legislation includes:

Customs Code of Ukraine No. 4495-VI of March 13, 2012

Law of Ukraine on Foreign Economic Activities No. 959-XII of April 16, 1991

Order of the Ministry of Finance of Ukraine “On customs formalities” No. 657 of May 31, 2012

Order of the Ministry of Finance of Ukraine “On approval of the procedure for filling in customs declarations using a single administrative document form” No. 651 of May 30, 2013

Order of the Ministry of Finance of Ukraine “On approval of the procedure for fulfillment of customs formalities when conducting customs clearance of goods using a single administrative document form for customs declaration” No. 631 of May 30, 2013

Law of Ukraine on Safety and Quality of Food Products No. 771/97 of December 23, 1997

Law of Ukraine on Veterinary Medicine No. 24/98-XII of June 25, 1992

Law of Ukraine on Plant Quarantine No. 3348-XII of June 30, 1993

Order of the State Veterinary Medicine Department of the Ministry of Agrarian Policy of Ukraine “On veterinary requirements to importation of items of state veterinary-sanitary control and supervision in Ukraine” No. 71 of June 14, 2004

CMU Resolution “On the issues related to customs declarations” No. 450 of May 21, 2012

CMU Resolution “On some issues related to service provision by the State Veterinary and Phytosanitary Service of Ukraine, as well as by agencies and institutions under its control” No. 1348 of December 28, 2011

Law of Ukraine on Technical Regulations and Conformity Assessment No. 124-VIII of January 15, 2015

Law of Ukraine on Transit of Cargos No. 1172-XIV of October 20, 1999

(b) applied rates of duties and taxes of any kind imposed on or in connection with importation or exportation. Key legislation includes:

Tax Code of Ukraine No. 2755-VI of December 2, 2010 (on taxes)

Law of Ukraine on Customs Tariff of Ukraine No. 584-VII of September 19, 2013 (on customs duties)

(c) fees and charges imposed by or for governmental agencies on or in connection with importation, exportation or transit. Key legislation includes:

CMU Resolution “On charges for customs formalities outside customs houses” No. 93 of January 18, 2003

Order of the Customs Service of Ukraine “On the procedure for charging a fee for storage of goods and vehicles at customs warehouses and making amendments in some decrees of the State Customs Service of Ukraine” No. 821 of July 29, 2008

CMU Resolution “On some issues related to service provision by the State Veterinary and Phytosanitary Service of Ukraine, as well as by agencies and institutions under its control” No.1348 of December 28, 2011

Order of the Ministry of Agrarian Policy and Food of Ukraine “On approval of a fee for services in the area of veterinary medicine, plant protection, protection of rights to plant varieties granted by agencies and institutions under control of the State Veterinary and Phytosanitary Service of Ukraine” No.96 of 13.02.2013

CMU Resolution “On approval of rates (tariffs) for works and services performed and provided on a paid basis by institutions and establishments of the State Sanitary and Epidemiological Service of Ukraine” No. 1351 of August 27, 2003

CMU Resolution “On approval of the list of works and services in the area of ensuring sanitary and epidemiological welfare of population performed or provided on a paid basis” No.1544 of October 15, 2002

CMU Resolution “On the amendments to some resolutions of the Cabinet of Ministers of Ukraine concerning ecological control at the check points across the state border” No.704 of June 28, 1997

Order of the Ministry of Agrarian Policy “On approval of Phytosanitary Rules for importation from abroad, transportation inside the country, transit, exportation, the procedure for processing and sale of materials subject to phytosanitary control” No. 414 of August 23, 2005

Order of the Ministry of Agrarian Policy and Food of Ukraine “On approval of the Instructions on filling in, storage, cancellation of veterinary documents and the requirements to keeping record thereof” No. 288 of August 1, 2014

Order of the Ministry of Infrastructure of Ukraine “On the procedure for keeping record and use of port fees” No. 316 of 27.05.2013

Order of the State Standardization, Metrology and Certification Committee “On approval of the Rules for calculation of the cost of works related to certification of goods and services” No. 100 of March 10, 1999

(d) rules for the classification or valuation of products for customs purposes. Key legislation includes:

Customs Code of Ukraine No. 4495-VI of March 13, 2012 (on valuation)

Law of Ukraine on Customs Tariff of Ukraine No.584-VII of September 19, 2013 (on classification)

CMU Resolution “On the issues related to using customs declarations” No. 450 of May 21, 2012

Order of the State Customs Service of Ukraine “On approval of the Methodological Guidelines on the work of customs officials in the area of analysis, identification and assessment of risks when exercising control over accuracy of determining customs value of goods moving across customs borders of Ukraine” No. 362 of July 13, 2012

Order of the Ministry of Finance of Ukraine “On approval of the decision form on the adjustment of customs value of goods, the Rules for filling in the decision on the adjustment of customs value of goods and the list of additional components to the contract price" No. 598 of May 24, 2012

Order of the Ministry of Finance of Ukraine “On approval of the customs declaration form and the Rules for filling in thereof" No. 599 of May 24, 2012

Order of the Ministry of Revenues and Duties “On approval of explanations to the Ukrainian Classification of Goods for Foreign Economic Activity" No. 15 of January 14, 2014

(e) laws, regulations, and administrative rulings of general application relating to rules of origin. Key legislation includes:

Customs Code of Ukraine No. 4495-VI of March 13, 2012

CMU Resolution “On the procedure for establishing and applying the ad valorem rule and conducting production and technological operations” No. 1765 of December 20, 2006

CMU Resolution “On approval of the procedure for verification of the certificates of origin in Ukraine” No. 1861 of December 12, 2002

Order of the Ministry of Finance of Ukraine “On approval of the procedure for issuance and revocation of an advance ruling on the origin of goods, approval of an advance ruling form on the origin of goods” No. 737 of June 19, 2012

(f) import, export or transit restrictions or prohibitions. Key legislation includes:

CMU Resolution “On approval of the lists of goods, which export and import requires licensing and quotas for 2017” (issued once per year)

CMU Resolution “On approval of the lists of goods, which have restrictions on movement across the customs border of Ukraine” No. 436 of May 21, 2012

Law of Ukraine on Transit of Cargoes No. 1172-XIV of October 20, 1999

Law of Ukraine on Safety and Quality of Food Products No. 771/97 of December 23, 1997

Law of Ukraine on Veterinary Medicine No. 2498-XII of June 25, 1992

Law of Ukraine on Plant Quarantine No. 3348-XII of June 30, 1993

Law of Ukraine on Narcotic Drugs, Psychotropic Substances and Precursors No. 60/95-ВР of February 15, 1995

(g) penalty provisions for breaches of import, export, or transit formalities. Key legislation includes:

Customs Code of Ukraine No. 4495-VI of March 13, 2012

Tax Code of Ukraine No. 2755-VI of December 2, 2010

Criminal Code of Ukraine No. 2341-III of April 5, 2001

Code on Administrative Offences of Ukraine No. 8073-X of December 7, 1984

(h) procedures for appeal or review. Key legislation includes:

Customs Code of Ukraine No. 4495-VI of March 13, 2012 (on customs procedures - administrative appeal and administrative court)

Tax Code of Ukraine No. 2755-VI of December 2, 2010 (on customs duties and taxes – administrative appeal and administrative court)

Law of Ukraine on Citizens’ Appeals No. 393/96 of October 2, 1996 (on administrative appeals of citizens against actions (omissions) of public authorities)

Code of Administrative Procedure No. 2747-IV of July 6, 2005 (on administrative courts)

Article 55 of the Constitution of Ukraine determining the right to appeal against decisions, actions or omissions of public authorities, local self-government agencies, their officials and officers (on administrative court)

(i) agreements or parts thereof with any country or countries relating to importation, exportation, or transit. Key legislation includes:

Texts are available through the Ministry of Foreign Affairs of Ukraine, Collection of Applicable International Treaties of Ukraine

Regional trade agreements

(j) procedures relating to the administration of tariff quotas. Key legislation includes:

Order of the Ministry of Finance of Ukraine “On approval of the procedure for control over tariff quota allocation” No. 1203 of December 11, 2014

Useful links:

Ministry for Development of Economy,
Trade and Agriculture of Ukraine
01008, Ukraine, Kiyv city,
Grushevsky str., 12/2