Import license in Ukraine. Part 2
Besides the types of licensing, the current law defines the conditions that are essential for introduction of procedure of import licensing, a corresponding procedure of getting license, and also the time limits for registration. The basic document in those matters is considered to be the Law of Ukraine “About external economic activity”
In Article 16 of the Law of Ukraine “About external economic activity”, the circumstances are given under which the import licensing is introduced. The following belongs thereto:
- rapid degradation of factors of external payments and of the national balance of payments, when other measures are inefficient;
- serious reduction of minimal rate of national gold and foreign currency reserves;
- providing the protection of people’s life and health, protection of environment, flora and fauna, keeping with the rights of intellectual property, protection of national historical, archeological or artistic patrimony , public morals, and also based on requirements of other national safety;
- import of silver and gold, besides precious metals;
- protection of Ukrainian manufacturers at increase of import, as a result of which the considerable harm is caused to them or a threat if such harm is created by import of similar or directly competing products. This measure is introduced provisionally, and it is used during the period that provides non-admittance of serious harm to domestic manufacturers or compensates their harm, which implies a possibility of returning the required profitability;
- providing the patent protection, copyright protection and protection of trademarks;
- measures connected with performance of international agreements;
- taking measures as a response to unfriendly and discriminative actions of foreign countries, economic groupings and customs unions.
In case the subject of barter transactions is products whose import requires getting a license, so the licensing of those transactions is carried out.The licensing of import of discs for laser information processing, equipment, matrixes and raw materials for them to Ukraine is done based on requirements of normative legal acts which regulate production and import of such discs according to mechanism of issue of licenses which is defined by Article 16 of the Law “About external economic activity”.
Import of goods which are specified in Article 20 of the Law “About external economic activity” is not subject to licensing.
For solving the matters on registration of a license for import, a business entity engaged in external economic activity submits an application to the corresponding executive authority. It is provided by the law that a business entity may apply to several executive authorities, whose total number should not exceed three. The application should contain information about economic entity which performs import of commodities and materials, information about import license, and also information about the imported goods. The detailed list of information required is given in Article 16 of the Law “About external economic activity”.
The period of consideration of the application at the automatic licensing is 10 days, and at the non-automatic licensing it is 30 days. For issue of license, the fee is collected whose size is set by the Cabinet of Ministers of Ukraine. Registration of license cannot be rejected in case a business entity has provided of the necessary documents that comply with the established requirements.
You should remember that the customs registration of products whose import requires licensing is performed only when there is a required license.
An important point: in case any facts of breach of external economic activity performance rules are detected that are set by the law of Ukraine, an individual procedure of licensing may be introduced for the business entity engaged in external economic activity, according to Article 37 of the Law “About external economic activity”.
In accordance with Article 37 of the Law “About external economic activity”, performance of import transactions without license, in case its availability is provided by the law, leads to imposing of penalty charge in amount of 10 percent of the cost of the import transaction which is calculated according to the official rate of hryvnya to foreign currencies which is established by the National Bank of Ukraine upon the day the transaction is performed.
You can learn more detailed information about general matters of the import licensing from the first part of our material.