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Question: We received in our address a small (trial) consignment from abroad. Is it mandatory to conclude a contract?
Answer: Yes, it is mandatory. In actual fact contract with a foreign firm already exists but in oral form. In obedience to Law of Ukraine of 16.04.1991 N 959-XII "About foreign economic activity" (article 6) the Foreign economic treaty (contract) must be concluded in a writing form.
Question: Our enterprise constantly exports products abroad and issues the exported declaration at the place of accreditation(city of Zhytomyr). Next consignment intended for the export to Poland is located in Lviv. Can we declare consignment not at the place of accreditation in order not to transport the load firstly to Zhytomyr, and then back?
Answer: Yes, you can. In accordance with the article 71 of the Custom code of Ukraine and Decision of The CMU of 23.04.2003 N 584 "About assertion of Order of determination location of customs clearance of commodities and transports vehicles which move by residents and non-residents across the customs border of Ukraine" you can declare commodities in a customs authority, in the area of activity of which the commodities (Lviv customs) which are subject to export, or customs authority in the point of admission across the customs border of Ukraine after the place of export of these commodities (for example in Lviv custom). For this purpose you must design a letter-concordance at first after the place of accreditation (in the Zhytomyr customs) and then after the place of custom registration (e.g. in Lviv customs). If load is homogeneous and will be taken out by a few consignments, it is possible to issue one letter-concordance for one year within the limits of one contract.
Question: I am individual entrepreneur, who is constantly engaged in the import of citrus to Ukraine. During customs registration I am constantly required of producing of certificate about the origin of commodity, although the rate of duty on this type of products does not depend on the country of origin (favourable and complete rates are identical). Are such requirements legitimate?
Answer: Yes, they are legitimate. In obedience to the requirements of the part 2 of the article 4 of Law of Ukraine of 17.07.97 N 468/97-BP "About the state regulation of import of agricultural products". The products intended for the sale to the consumers, that fit to definition of 2-21 groups of Ukrainian classification of commodities of foreign economic activity, can be let out from under the customs control on territory of Ukraine on condition of presence of certificate of origin of such products.
Question: I was made a profitable offer of cooperation from abroad, but I've never dealt with foreign economic activity. Whom should I appeal to for help?
Answer: You should appeal for services to the custom broker. A skilled custom broker will give you exhaustive information on questions which interest you and will represent Your interests in customs authorities.
Question: We received in our address the device in a complete set to which a compact-disk is given with software in it. Customs require to declare a disk and device on separate codes. Are such requirements legitimate, in fact a rule 3b of basic rules of interpretation of classification of commodities states: mixtures, multicomponents wares which consist of different materials or produced from different components, and commodities which enter sale in the sets for the retail trade, classification of which can not be conducted in accordance with Rule 3a is classified in accordance with material or constituents which determine basic character of these commodities, on condition that this criterion can be applied?
Answer: Yes, they are legitimate, as the part 2 of p.9. explanations to commodity position 8524 says: „Informational carrier with the record of sound or other signal regardless of whether they are given together with an apparatus which they are intended for, or component with the constituents of mechanisms of devices of commodities positions 8469 - 8472 (for example, packages of disks), must in all cases to join in this commodity position.”
Question: We've received in our address the equipment which is subject to obligatory certification. Certification will take some time. How to be with a load, in fact he is in a transport vehicle for the outage of which we have to pay?
Answer: You should place a load at temporary storage warehouse and dismiss ferryman. If certification will occupy the considerable interval of time (more than three months) it follows to place a load on the licensed customs warehouse.
Question: How many currency by a cash on a hand is it possible to take out from territory of Ukraine? What to do in the case when this sum exceeds the established level?
Answer: In obedience to Decision of the NBU of 12.07.2000 N 283 "About assertion of Instruction about moving of currency of Ukraine, foreign currency, bank metals, pay documents and pay cards, across the customs border of Ukraine": “The total sum of means in foreign currency that is taken outside Ukraine by natural persons can not exceed a sum equivalent 6000 dollars of the USA, which includes 1000 dollars of the USA, which it is allowed to take out on condition of verbal declaration to the customs authority in accordance with the point 1.1 of head of a 1 section III.”
Currency by a cash on a hand in a sum, that exceeds the established by this Instructions norms, is subject to transfer by the authorized bank of Ukraine to the foreign bank or is taken out by natural persons - residents and non-residents on the basis of individual license of the National bank on a form 03, the copy of which is sent by the proper structural subdivision of the National bank to Government customs service.
Question: How many currency by a cash on a hand is it possible to bring in on territory of Ukraine? What to do in the case when this sum exceeds a norm?
Answer: In obedience to Decision of the NBU of 12.07.2000 N 283: “on condition of verbal declaration to the customs authority of foreign currency for natural persons - residents by a cash on a hand and/or cheques on the sum of to 3000 dollars of the USA, or equivalent of this sum in other foreign currency according to the official course of hryvnya to foreign currencies set by the National bank on the day of crossing of customs border, and for natural persons – non-residents by a cash on a hand on the sum of to 1000 dollars of the USA and cheques on the sum of to 1000 dollars of the USA, or equivalent of this sum in other foreign currency after the official course of hryvnya to foreign currencies set by the National bank on the day of crossing of customs border; With the obligatory pointing in customs declaration by natural persons - residents and non-residents: means in the sum of to 10000 dollars of the USA or equivalent of this sum in other foreign currency after the official course of hryvnya to foreign currencies set by the National bank on the day of registration of customs declaration;” Available foreign currency, which is brought in by natural persons - residents and non-residents, in a sum, that exceeds a norm(10000 dollars of the USA), is accepted by a customs authority on storage.
License № 480586 about confession of enterprise as declarant.
Аgreement of insurance № 0059551
Lviv, tel.: (032) 247-39-79, 242-13-07
e-mail: office@brokers.com.ua
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