What is required in order to import precursors in the territory of Ukraine: import authorization or license?
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Our company provides legal support of business activities related to precursors. Therefore, we are often asked for help in handling the formalities for their import.
One of the main questions we are often asked by our Clients: What documents do we need to import precursors to Ukraine?
In this publication, we will discuss whether the licence for business activity on precursors covers the right to import them, as well as will get fix on the precursor import authorization.
What is the licence for business activity on precursors?
Business activity on precursors, including their import, is regulated by the licensing regulations that cover a wide range of activities, from the cultivation of the relevant plants to the use of narcotic drugs, psychotropic substances and precursors.
If a company does not intend to carry out the full range of activities, it shall obtain the license only for those activities it intends to carry out. For example, a license for the purchase, sale and import of precursors.
That is, at first glance it may seem that the license grants you the right to import precursors. But in practice, by granting a license, the licensing authority allows the licensee to carry out the specified activities in general.
To import precursors, you will have to obtain a specific import authorization for each batch of substances.
What is the difference between a precursors import authorization and a license?
The precursors import authorization is a document which contains the following information on the substances to be imported:
- the name of the exporter;
- the name of the substance;
- the quantity to be imported;
- the name of the customs office and border checkpoint through which these chemicals will be imported, etc.
The import authorization shall also specify the period within which the substances specified herein must cross the border of Ukraine.
Thus, the import authorization is a mandatory document, which is issued for each specific batch of precursors to be imported and has a clearly defined period of validity.
Is it possible to import chemicals without obtaining the license if the shipment is planned for once only?
No. A business entity that intends to import chemicals controlled by the State Service of Ukraine on Medicines and Drugs Control into the territory of Ukraine even for once only must first obtain the relevant license.
Only after the obtainment of the license, you can apply for the authorization to import necessary chemicals.
Is it necessary to submit a copy of the precursor license certified by a notary in order to obtain the import authorization?
If you try to find the list of documents required for obtaining the import authorization on the website of the State Service of Ukraine on Medicines and Drugs Control, you will see that it includes such a document as a copy of the license certified by a notary.
The problem is that licenses are no longer issued on paper carriers. And it is no longer required to submit the copy of the license when applying for the import authorization.
This is another confirmation that it is necessary to timely respond to changes in laws and regulations, as the information on the website of any state authority may be outdated.
So, if you plan to import substances controlled by the State Service of Ukraine on Medicines and Drugs Control into the territory of Ukraine, you first need to obtain the license for necessary business activities (for example, a license for the purchase, import and use) and for the desired type of substances, and only after that, you can apply for the authorization to import specific substances.
A license without an authorization does not give you the right to import prosecutors, but you can’t obtain an import authorization without having a license.
If you have any questions or need legal assistance in obtaining the abovementioned documents, please don’t hesitate to contact our specialists.