Article 16. Licensing of external economic operations
Licensing of external economic operations is determined as a complex of administrative actions of organ of executive power on questions a economic policy from a grant permission on realization of foreign economic activity of export (to the import) of commodities a subject.
Licensing of export (to the import) of commodities is carried out in form automatic or manual licensing.
The automatic licensing is determined as a complex of administrative actions of organ of executive power on questions a economic policy from a grant the subject of foreign economic activity of permission on realization during the certain period of export (to the import) of commodities which quotas are not set in relation to (quantitative or other limitations). Automatic licensing of export (to the import) however much administrative procedure from registration and delivery of license does not render restrictive influence on commodities the export (import) of which is subject licensing.
The automatic licensing of import it must be anniented in the case of stopping of circumstances which were foundation for his introduction, and also in the case of existence of other procedures, by which it is possible to untie tasks for the decision of which the automatic licensing is inculcated.
The manual licensing is determined as a complex of administrative actions of organ of executive power on questions a economic policy from a grant the subject of foreign economic activity of permission on realization during the certain period of export (to the import) of commodities which certain quotas are set in relation to (quantitative or other limitations). Manual licensing of export (to the import) as administrative procedure from registration and delivery of license is used in the case of establishment of quotas (quantitative or other limitations) on the export (import) of commodities.
Quantitative limitations are used exceptionally on undiscriminatory basis, that no prohibitions or limitations are used Ukraine in relation to the import of any commodity on territory of Ukraine or in relation to the export of any commodity, intended for territory of any state, if only a import of analogical commodity from all third states to Ukraine or export to all third states is a analogical method forbidden or limited, if other is not foreseen international agreements and legislation of Ukraine.
Licensing of export of commodities is inculcated in Ukraine in time:
- considerable unbalance in relation to certain commodities at the internal market, which have a ponderable value for vital functions in Ukraine, especially agricultural produce, products of fishing, products of food industry and manufactured goods of wide consumption of daily necessities or other commodities. Temporal character has such licensing and used to the moment of proceeding in a equilibrium in relation to certain commodities at the internal market
- to the necessity of providing of defence of life, health of man, animals or plants, natural environment, public moral, national riches artistic, historical or archaeological value or defence of intellectual ownership rights, and also in accordance with the requirements of state security
- to the export of gold and silver, except for bank metals
- to the necessity of application of measures on defence of domestic commodity producer in the case of limitation of export of domestic materials, necessary for providing of such materials of domestic processing industry a enough body during periods, when a internal price on such materials sticks to at level, below than world price, on condition of introduction of Ministers of Ukraine of stabilizing plan Cabinet and on condition that such limitations must not result in growth of export of commodities of such industry of domestic industry. Such measures are used exceptionally on undiscriminatory basis
- to the necessity of providing of defence of patents, trade marks and copyrights
- to the necessity of providing of implementation of international agreements of Ukraine
Licensing of import of commodities is inculcated in Ukraine in time:
- sharp worsening of the state of balance of payments and external payments (if other measures are uneffective)
- sharp reduction or low-limit of gold-value backlogs
- to the necessity of providing of defence of life, health of man, animals or plants, natural environment, public moral, national riches artistic, historical or archaeological value or defence of intellectual ownership rights, and also in accordance with the requirements of state security
- to the import of gold and silver, except for bank metals
- to the necessity of application of measures on defence of domestic commodity producer in the cases of growth of import to Ukraine which inflicts considerable harm or threatens the task of considerable harm the national commodity producer of similar or directly competitive commodity. Temporal character has such licensing and used on a term which enables to shut out the task of considerable harm or compensate the inflicted considerable harm a national commodity producer and enables him to pick up thread his profitability
- to the necessity of providing of defence of patents, trade marks and copyrights
- to the necessity of providing of implementation of international agreements of Ukraine
About application of the mode of licensing of export (to the import) of commodities, including establishment of quotas (quantitative or other limitations), made decision Cabinet of Ministers of Ukraine after the giving of central organ of executive power on questions a economic policy with determination of bill of concrete goods the export (import) of which is subject licensing, to the period of action of licensing and quantitative or other limitations in relation to every commodity.
In the case of application of protective measures on defence of domestic commodity producer of decision about introduction of the mode of licensing accepted the Joint committee on international trade in compliance with the legislation.
In relation to every type of commodity one type of license can be set only.
Licenses seem the central organ of executive power on questions a economic policy, and also within the limits of the plenary powers given by him - by the proper republican organ of Autonomous Republic Crimea, structural subdivision of area, Kievan and Sevastopol city state administrations.
In the case of violation of foreign economic activity of order of realization of such activity, set this Law or other laws of Ukraine a subject, to him it can be applied individual mode of licensing in accordance with the article 37 of this Law.
Licenses are given out on the basis of requests of subjects of foreign economic activity, which are given after by a form, set the central organ of executive power on questions a economic policy.
For the receipt of license declarants apply, as a rule, to one organ of executive power. In the case of necessity for the receipt of concordance possible appeal to a few organs of executive power, but no more than to three.
Consideration of requests on the receipt of licenses can be carried out in order of their receipt, which is determined after registration of requests data, or simultaneously upon termination of the declared term of their acceptance.
In a request on the receipt of license such information is marked: complete name of subject of foreign economic activity, last name and name of his leader, name, and code of commodity (commodities), in obedience to By Ukrainian classification of commodities of foreign economic activity (УКТ ЗЕД), name of producer, user of commodity (commodities), code and name of the state (states) of origin and setting - in the case of export, code and name of the state (states) of origin and sending - in the case of import, term of action of license, amount and cost of commodity (commodities), code and name of custom, complete names and addresses of salesman and buyer, type of agreement, currency of payment, basic and additional units of commodity (commodities), concordance with the organs of executive power (in the case of necessity), foundation, for the query of license, special terms of license.
At presentation requests can be required documents and information, which are considered necessary for confirmation of information, marked in a request and foreign economic treaty (contract).
A request can not be declined in the case of assumption of insignificant errors in documents, which is given for the receipt of license, if they do not change master data which are contained in a request. The basic are consider information foreseen the conditions of the external economic agreement (to the contract).
In the case of introduction of the mode of the automatic licensing the term of delivery of license must not exceed 10 workings days from the date of receipt of request and other necessary documents which answer the set requirements. It can not be said no in delivery of license, if all necessary documents are given and answer the set requirements.
In the case of introduction of the mode of the manual licensing:
- the term of consideration of requests must not exceed 30 days from the date of their receipt, if requests are examined in order of their receipt, and more than 60 days from the date of completion of the declared term of acceptance of requests, if all of them are examined simultaneously
- a license is given out on the basis of request within the limits of quota with pointing of term of action of license
- if in the moment of presentation of request (in the case of application of procedure of consideration in order of receipt) the set quotas (quantitative or other limitations) outspent, such request is not examined. About a fact, that quotas (quantitative or other limitations) are outspent, the subject of foreign economic activity, which gave the proper request, it is revealed to in writing during seven workings days from the date of its receipt
- about delivery license made decision taking into account information in relation to the use раніше the got licenses on condition of inhibition of foreign economic activity of requirements of legislation subjects about defence of economic competition
At consideration of the given requests simultaneously, in the case of introduction of the manual licensing first, distributing of quotas is carried out proportionally volumes, marked in the requests of subjects of foreign economic activity.
The manual licensing must not produce restrictive or such which violates trade, to influence on commodities on adding to that influence which arises up as a result of introduction of the mode of the manual licensing.
Limitation of import of commodities which certain quotas are set in relation to is forbidden, to the complete use of such quotas.
(the article 16 is complemented new part concordantly
with Law of Ukraine from 10.04.2008 N 253-VI)
A license is given out, if a request and other given documents is designed with inhibition of requirements, set a legislation. The term of action of license must foresee fulfiling commitment of recipient of license by external economic agreement (by a contract), but not to exceed the term of action of quantitative limitations.
A decision about a refuse in delivery of license must be explained, accepted in terms, set for consideration of requests, and sent (given out) a declarant in writing.
In the case of refuse in delivery of license a declarant has a right on the appeal of decision in compliance with the legislation.
For delivery of license collection, the size of which is set Cabinet of Ministers of Ukraine taking into account actual charges, related to application of procedure of licensing, is produced.
Custom registration of commodities the export (import) of which is subject licensing is carried out only at presence of the proper license.
In custom registration of commodities which are licensed and load up ton of, it can not be said no in the case when cost, amount or weight of such commodities, differ a insignificant measure from those which are marked in a license. The maximum difference of such values is set Cabinet of Ministers of Ukraine after the giving of central organ of executive power on questions a economic policy.
(the article 16 is complemented new part concordantly
with Law of Ukraine from 10.04.2008 N 253-VI)
The central organ of executive power on questions a economic policy monthly informs the central organ of executive power in industry of custom business about the given out licenses to the export (import) of commodities which are subject licensing.
The central organ of executive power in industry of custom business monthly gives the central organ of executive power on questions a economic policy information about the volumes of export (to the import) of commodities after the given out licenses.
Licensing of barter (barter) operations is carried out in that case, if the article of this operations are commodities the export (import) of which is subject licensing.
Licensing of export (to the import) of disks for the laser systems of read-out, matrices, equipment and raw material, for their production is carried out taking into account the requirements of legislation on questions a production, export (to the import) of disks, for the laser systems of read-out in accordance with procedure of delivery of licenses, set this article.
Licensing does not spread on a export and realization of compensative and profitable products, got a investor in a propert subject to conditions agreement about distributing of products, celled in accordance with requirements To the law of Ukraine "About agreements about distributing of products". Introduction of any limitations in relation to a export and realization of such products, in a that number quantitative, shut out, if other is not foreseen a agreement about distributing of products.
The procedures of licensing set by this article do not spread on the export (import) of commodities, marked in the article 20 of this Law.
Bill of goods the export (import) of which is subject licensing, information about the term of action of licenses and bringing of any changes to them, order of presentation and consideration of requests is published in official printing editions of Ukraine with the report of the proper committee of WTO during 60 days from the day of publication and grant of copies of this publications.
A publication must include such information:
- bill of goods which are subject procedures of licensing
- contact point for a grant information about a right on the receipt of license
- a administrative organ (organs) is for presentation of requests on a license
- date and name of publication, procedures of licensing are expounded in which
- pointing of that, whether licensing is automatic or manual
- administrative aims - in the case of procedures of the automatic licensing of import;
- pointing of measures which are used through procedures of licensing - in the case of procedures of the manual licensing of import
expected term of duration of procedure of licensing, if him it can be set with the certain measure of probability, and if no - then reason, why this information it can not be given.
In case if a quota is distributed among states-suppliers, information about distributing of quota is subject a publication with a report about it of other states, interested in a supply to Ukraine of certain commodities.
A official publication is carried out 21 day prior to the date of introduction of the mode of licensing, but not later than the noted date.
(part forty to the article 16 in a release
To the law of Ukraine from 10.04.2008 N 253-VI)
Upon request of the interested state - member of WTO the proper information must be given on:
- to the order of application of limitations
- amounts of the licenses given out for certain period with pointing in the case of necessity of volume and/or costs of commodities
- to distributing of licenses among states-suppliers
statistical information about volumes and/or cost of commodities.
The action of this article does not spread on the operations of the National bank of Ukraine, which is carried out them in accordance with To the law of Ukraine "About the National bank of Ukraine".
Realization of foreign economic activity of external economic operations subjects without the proper licenses results in imposition of fine in obedience to the article 37 of this Law in a sum 10 percents the cost of the conducted operation, counted in currency of Ukraine after the official course of hryvnya to foreign currencies, by the set National bank of Ukraine on the day of realization of such operation.
Fines are tightened the organs of government tax service on the basis of the proper decisions of central organ of executive power on questions a economic policy in a order, certain By the law of Ukraine "About the order of redemption of obligations of taxpayers before budgets and state having a special purpose funds".
(the article 16 is with changes, brought in in obedience to Decision
Verkhovna Rada of Ukraine from 12.05.92 N 2330-XII,
By the decrees of Cabinet of Ministers
Ukraine from 09.12.92 N 6-92,
from 12.01.93 N 6-93,
from 19.02.93 N 15-93,
By the laws of Ukraine from 01.02.94 N 3898-XII,
from 22.12.98 N 335-XIV,
from 23.03.2000 N 1595-III,
from 08.06.2000 N 1807-III,
from 17.01.2002 N 2953-III,
in a release Laws
Ukraine from 20.11.2003 N 1315-IV,
from 16.11.2006 N 360-V) | 
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