C A C U A TO R S
On Amendments to the Law of Ukraine
"On foreign economic activities"
(Information of the Verkhovna Rada of Ukraine (VR), 2007, N 3, pp. 29)

Verkhovna Rada of Ukraine Oh, I am. :
1. To bring to the Law of Ukraine " On Foreign Economic
activity " ( 959-12 ) (Information of the Verkhovna Rada of Ukraine, 1991,
N 29, st. 377; 1993, N 17, pp. 184; 1995, pp. 13. 85,
N 14, st. 93; 1999, N 7, pp. 49; 2004, N 14, pp. 197;
2005, N 3, pp. (78) Such changes:
(1) paragraph twenty-fifth, twenty-sixth, twenty-eighth,
Twenty-ninth articles 1 to exclude;
2) Article 7 will complement parts of this content:
" In Ukraine, such legal regulations are being implemented.
modes for goods imported from member states of the World
the organization of trade (further-WTO):
national regime, which means that regarding imported
The origin of WTO member states is not less than
favorable to those of similar goods of Ukrainian origin
concerning taxes, fees established by laws and other
Regulations and requirements for internal
sales, offers for sale, purchase, transportation,
distribution or use of goods as well as internal rules
the quantitative regulation that sets the mixing requirements,
recycling or use of goods in certain quantities or
Proportions;
mode of the greatest promotion, which applies to the mit, the customs
the assembly, methods of charging such customs and assembly, rules and
formalities in connection with the import and means that any
overweight, facilitating, privilege or immunity provided to the
any commodity that comes from any state should:
immediately and will definitely be given a similar commodity that comes to
from the territory of states-members of the WTO or the states with which
bidirectional or regional agreements regarding the regime of the largest
assistance.
Exclusion of the most promoted mode in the form
preferences can be made for goods originating in
states with which Ukraine has concluded a free trade agreement or
customs union or interim agreements that will lead to
creation of free trade zones or customs unions within the reasonable
time period (10 years), or border trade agreements and
Application of the General System of Preferences ";
(3) In the paragraph of the eighth part of the first article 9, the words " are subject to
license or " exclude;
(4) Articles 16 and 17 are set out in such an editorial:
" Article 16. Licensing of foreign economic operations
Licensing of foreign economic operations is defined as
the complex administrative actions of the executive branch of the executive branch
of the Economic Policy for the Granting of
The foreign economic activity of exports (imports) of goods.
The licensing of goods (imports) is carried out in the form of
automatic or non-automatic licensing.
Automatic licensing is defined as complex
the administrative actions of the executive branch on economic
policies to provide the subject of foreign economic activity
permission to perform during a specified period of export
(imports) of goods against which quotas are not established (quantitative)
or other restrictions). Automatic Export Licensing (Import)
as an administrative procedure for design and issuing licenses not
has limited effects on goods, exports (imports)
License is subject to licensing.
Automatic import licensing must be canceled in case
end of the circumstances that were the basis for his introduction,
also in the event of the existence of other procedures by which
to solve the task that is being implemented
Automatic licensing.
Non-automatic licensing is defined as complex
the administrative actions of the executive branch on economic
policies to provide the subject of foreign economic activity
permission to perform during a specified period of export
(imports) of goods under which certain quotas are set (quantification)
or other restrictions). Non-automatic export licensing (import)
as an administrative procedure for design and issuing licenses
used in the case of setting quotas (quantitative or other)
limitations) on export (import) of goods.
Quantitative constraints apply exclusively to
non-discriminatory basis, meaning no ban or restriction
apply Ukraine to import any commodity on the
territory of Ukraine or concerning exports of any commodity assigned to
for the territory of any state, if only the import is similar
commodity from all third states in Ukraine or exports to all third countries
states are similarly prohibited or limited if otherwise not
It is provided by international treaties and legislation of Ukraine.
Licensing of goods exports established in Ukraine in
Case:
significant balance of balance on certain goods per
the domestic market with a weighting value for life in
Ukraine, especially agricultural products, products
Fisheries, Food Industry and Industrial
Goods of wide use of the first need or other goods.
Such licensing has a temporary nature and applies to
the moment of renewed equilibrium for certain goods in the inner
Market
The need to ensure protection of life, human health,
animals or plants, the environment,
public morality, the national wealth of artistic,
historical or archaeological significance or protection of rights
intellectual property, and according to the requirements of the State
Security;
Exports of gold and silver, other than bank metals;
Need to apply measures to protect the domestic
the goods manufacturer in case of the restriction of the export of domestic materials,
required to provide sufficient amounts of such materials
Domestic refining industry during periods when
the internal price for such materials is kept at the level below
world price, on terms of implementation of the Cabinet of Ministers of Ukraine
the plan of stabilization and under the condition that such restrictions should not
Lead to an increase in the export of goods of such a domestic product
Industry. Such measures apply exclusively to
Non-discriminatory basis;
need to ensure protection of patents, trademarks and
Copyright;
the need to enforce international treaties
Ukraine.
Licensing of goods import is introduced in Ukraine
Case:
The sharp deterioration of the status of the payment balance and external
Payments (if other measures are ineffective);
a sharp reduction or minimum size of the gold currency
Reserves;
The need to ensure protection of life, human health,
animals or plants, the environment,
public morality, the national wealth of artistic,
historical or archaeological significance or protection of rights
intellectual property, and according to the requirements of the State
Security;
Imports of gold and silver other than bank metals;
Need to apply measures to protect the domestic
the goods manufacturer in cases of increasing imports to Ukraine, which inflates
significant harm or threatens to hurt the national
The product is a similar or directly competing commodity.
Such licensing has a temporary nature and applies to
rows that prevent tasks from causing significant damage or
to compensate for significant damage to the national goods manufacturer and
gives him the opportunity to restore his profitability;
need to ensure protection of patents, trademarks and
Copyright;
the need to enforce international treaties
Ukraine.
Decision to apply export licensing mode
(imports) of goods, including the installation of quotas (quantitative or
other restrictions), accepted by the Cabinet of Ministers of Ukraine for
Representation of the Central Executive Body on Economic
policies with the definition of a list of specific goods, exports
(imports) are subject to licensing, period of licensing
Quantitative or other restrictions on each commodity.
In case of application of protective measures to protect
The domestic product of the regime
The licensing is accepted by the Interagency Commission on International
Trade in accordance with legislation.
In relation to each type of goods, only one can be installed
type of license.
Licenses are issued by the central executive body from
economic policy issues, as well as within the given
authority-the relevant Republican authority of the Autonomous Region
Republic of Crimea, the structural unit of the regional, Kiev and
"Sevastopol City Administrations".
In case of violation of the subject of foreign economic activity
the order of such activity established by this Act or
other laws of Ukraine, it can be applied
the individual licensing mode according to Article 37 of this
The law.
Licenses are issued on the basis of application of entities
of foreign economic activities served by the form,
established by the central authority of the executive branch on
Economic policy.
To obtain a license, applicants are referred to as rule.
One executive branch. In case of necessity
The agreement is possible to appeal to several executive bodies,
But not more than three.
Applications for license recipients can be carried out in
the order of their entry, which is determined by the date of registration
applications, or at the same time after the declared line is finished
Come on.
The license application has the following data: complete
naming the subject of foreign economic activity, surname and
the name of his supervisor, naming and code of commodity (goods) according to
Ukrainian Classification of Foreign Economic Products
(UTA ZED) 2371a 14 , 2371b-14 , 2371st-14 , 2371g 14 ), naming
manufacturer, consumer goods (goods), code and the name of the state
(states) origin and purpose-in case of export, code and name
states of origin and departure-in case of imports, rows
licenses, quantity and cost of goods (goods), code and title
customs, full naming and addresses of seller and buyer, view of
agreements, the currency of the payment, the main and add-on units of the commodity
(goods), by agreement with the executive authorities (in case of
need), a basis for a license request, special conditions
licenses.
Documents and information may be issued when submitting a request,
which are considered necessary to confirm the data specified in
The application and the foreign economic contract (contract).
The application cannot be rejected in the event of a minor
errors in documents submitted to the recipient of a license if
they do not alter the underlying data contained in the application. Primary
considered data provided by the conditions of foreign economic
contract.
In case of an automatic row licensing mode
issuing licenses should not exceed 10 working days from date
receive the application and other necessary documents corresponding to the
To the requirements. Cannot be denied issuing licenses,
if all the necessary documents are filed and comply with the installed
Demands.
In case of a non-automatic licensing mode:
the application review lines should not exceed 30 days of
give their recipients if applications are considered in order of their
add, and more than 60 days from due date
Take a requisition line if all are treated at the same time;
license is issued based on the application within the quota of
Specify a license string.
if the application is submitted (if the procedure is applied)
the order of consideration) established quotas (quantitative or
"Other restrictions" are not considered. About the fact,
that quotas (quantitative or other restrictions) are exhausted, subject to
foreign economic activity that has submitted a suitable application,
reported in writing for seven working days from the date of its
The recipient;
the decision to issue a license is accepted with respect to the data
using previously received licenses on the terms of retention
the subject of external economic requirements of the
To protect economic competition.
When you consider submitted applications at the same time, in the case of an introduction
non-automatic licensing for the first time, the distribution of quotas is carried out
Proportional to the amount specified in the subject's statements
Economic activity.
Non-automatic licensing should not be performed
limiting or such that disrupts trade, the impact on goods
to the completion of the same effect as a result of the introduction
Non-automatic licensing mode.
License is issued if application and other documents submitted
Decorated with the holding of requirements established by the Legislature. Term
the license has to predict the execution of the payee ' s obligations
Foreign Economic Contract (contract), but not
The time limit is exceeded.
The decision to failure issuing licenses should be
to be motivated, accepted in the line set to review,
and is sent (issued) to the applicant in writing.
In the case of failure, the applicant has the right to
The decision is disputed by the law.
The license is issued to the collection whose size is
is set by the Cabinet of Ministers of Ukraine with regard to the actual
costs associated with the licensing application.
Customs of goods, exports (import) of which are subject to
license, is only done in the presence of a suitable
licenses.
Central Agency for Economic Development
policy monthly informs the central body of the executive
Area of Customs business on issued licenses for export (import)
The goods are subject to licensing.
The Central Executive Body in the Field of Customs
each month gives the central executive branch on issues
economic policy information on export volumes (imports)
-Goods under license.
Licensing of goods exchange (barter) operations is carried out
in case the subject of these operations is goods, exports
(Imports) are subject to licensing.
Licensing (import) disks for laser systems
reading, matrices, equipment and raw materials for their production
implemented with respect to the requirements of the legislation on
production, export (import) disks for laser systems
read in accordance with the issuance of licenses issued by the
-This article.
Export does not extend to export and implementation
compensation and profitable products received by the investor in
Property on the terms of the agreement on the distribution of products
accordance with the requirements of the Law of Ukraine " On the Distribution Agreements
products " ( 1039-14 ). Impose any restrictions on
export and implementation of such products, including quantitative,
not allowed unless the distribution agreement is provided
products.
Installation of this article of the Licensing procedure is not
spread to export (import) of goods listed in Article 20
of this Act.
List of goods, exports (imports which are subject to licensing,
information about license actions and any changes to the
of them, the order of submission and consideration of applications is published in
official printed publications of Ukraine with a message of relevant
WTO committee for 60 days from the day of publication and publication
Copies of these publications.
The publication should include the following information:
List of goods subject to licensing procedures;
contact point to provide information about the right to
The licence to be obtained;
Administrative body (organs) for submission of applications
License;
the date and name of the publication in which the procedures are laid
Licensing
specifying whether or not the license is automatic or
Non-automatic
administrative purposes-in the case of automatic procedures
Import licensing
-procedures for the implementation of the procedures
license,-in the case of non-automatic licensing procedures
Imports;
the expected duration of the licensing procedure, if
it can be established with a certain degree of probability, and if not-
the reason why this information cannot be provided.
In case the quota is distributed among the state suppliers,
quota distribution information is subject to the publication of
message about these other states of interest in the supply
Ukraine Certain Goods.
Official publication is done in no later date
The license mode is introduced.
A request for an interest state-a member of the WTO must
Provide information about:
Order of limitations;
the number of times that you have defined for a given period of license
The need for volume and/or cost of goods;
Distribution of licenses among the supplier states;
statistics on volumes and/or the cost of goods.
This article does not apply to the operations of the National
the Bank of Ukraine, which is carried out in accordance with the Law of Ukraine
National Bank of Ukraine 679-14 ).
Implementation of foreign economic entities
external economic operations without appropriate licences
a fine according to article 37 of this Law in the sum of
10 percent of the value of the transaction listed in the currency
Ukraine for official exchange of hryvnia to foreign currencies,
by the National Bank of Ukraine for the day of
operations.
Fines are charged by state tax authorities on the
based on the decisions of the central authority of the executive
economic policy in the order defined by the Law of Ukraine
" On order to repay the obligations of taxpayers before
budgets and public trust funds " ( 2181-14 ).
Article 17. Ban on individual types of exports and imports
In Ukraine, it is prohibited:
exports from the territory of Ukraine to items that make up
national, historical, archaeological or cultural imposition
According to the laws of Ukraine;
import or transit of any goods in advance
is aware that they can harm public morality, health
or threat to the life of the population, the animal world, and
plants, or lead to harm in the environment
natural environment if any transit goods are not used
Necessary measures to prevent such harm;
import of products and services containing the propaganda of the ideas of war,
racism and racial discrimination, genocide, etc., which contradict
The relevant norms of the Constitution of Ukraine ( 254k/96-PL );
export natural resources to be exhausted if the constraint
are also applied to domestic consumption or production;
export and import of goods carried out with violation of rights
intellectual property;
export from the territory of Ukraine to goods within the execution of decisions
For the United Nations Security Council
limitations or embargo on the supply of goods into the appropriate state.
Implementation of a ban on exports or imports from others
only if it is permitted by international treaties, a participant
It is a Ukraine.
List of goods, exports (imports) through territory
Ukraine is banned, defined solely by the laws of Ukraine.
Control of the implementation of the requirements contained in this article,
relies on customs bodies of Ukraine and the central body
Executive Power on Economic Policy ";
(5) Article 29 is set out in such an editorial:
" Article 29. Measures of Ukraine in response to discrimination
/or non-friendly actions of other states, Customs unions
or economic groupings
In case there is information about other states, customs unions.
or economic groupings limit the exercise of legal rights and
interests of the subjects of foreign economic activities of Ukraine, in
An answer to such actions may apply adequate measures. In
if such actions hurt or pose a threat to its
to the State and/or the subjects of foreign economic
Activities indicated that the measures could be foreseen in the process of redress.
Action in response to discriminatory and/or non-friendly actions
other states, customs unions or economic communities
are carried out in accordance with the laws of Ukraine, international treaties
Ukraine, generally accepted norms, standards and regulations
Right.
Such measures are:
Apply a full ban (full embargo) on trade;
applying a partial ban (partial embargo) on
Trade;
Incarceration of greatest assistance or preferential treatment
Special regime
The introduction of special customs;
The license and/or quota implementation
Foreign Economic Operations;
Quota (contingents) installation;
The introduction of a combined regime of quotas and contingents;
Introduction of an indicator of import and/or export
Goods;
other measures provided by laws and international treaties
Ukraine.
In case of Ukraine and the state that applied to
to Ukraine that contain signs of discriminatory and/or
Non-friendly, are members of the same international intergovernmental group.
organization, review and settlement of a controversial situation
in accordance with the rules and procedures of such an organization.
In case Ukraine and customs union or economic
groups which applied to Ukraine the action that
contain signs of discriminatory and/or non-friendly, are members of one
and the same international intergovernmental organization, consider and
the settlement of the controversial situation is carried out in accordance with the rules and
procedures for such an organization.
Decision to apply in response to
discrimination and/or non-friendly actions of other states, customs unions
or economic groups are accepted by state bodies.
Regulation of foreign economic activities according to
Recommendations of the Inter-agency Commission on International Trade
according to their competence.
To establish facts of discriminatory and/or non-friendly facts
the actions of other states, customs unions or economic communities
Central Agency for Economic Policy
Conduct an appropriate investigation in the order of
Cabinet of Ministers of Ukraine.
This investigation is considered by the Interagency.
Commission on International Trade, which gives recommendations
"State authorities on the application of relevant measures". On
Basis of investigation into the central executive body
authorities on economic policy together with the Ministry of
Foreign Affairs of Ukraine addresses the relevant public
ta/or competent bodies of other states or customs unions or
economic group with a proposal to review and settlement
a controversial situation.
In case of positive response from the specified organs
Central Agency for Economic Policy
forms a delegation to conduct relevant negotiations and
preparation of relevant international treaties of the inter-agency or
The mistaic character.
In case relevant state and/or competent authorities
other states or customs union or economic groupings
the official agreement on the application of international legal means
Settlement of international disputes and/or when discriminatory and/or
non-friendly actions of these organs directly or indirectly
violate Ukraine ' s international treaties with these states, customs and
unions or economic groups, the central body
Executive Power on Economic Policy within its
competence, according to the recommendations of the Inter-agency Commission on
international trade, by itself transfers the materials of the Cabinet
Ministers of Ukraine to adopt relevant decisions on
Apply the necessary measures.
Application of action in response to discriminatory and/or
non-friendly actions of other states, customs unions or economic
termination by the relevant states,
Customs unions or economic groups such as
Ukraine, the signing of the relevant agreement and/or damages.
Acts of the Cabinet of Ministers of Ukraine on settlement of dispute and
application of measures in response to discriminatory and/or
non-friendly actions of other states, customs unions or economic
The groups are mandatory for the execution of the executive branch
In Ukraine, the subjects of foreign economic activity and
foreign subjects of economic activity.
Decision on the application of relevant measures in response to
discrimination and/or non-friendly actions of other states, customs unions
or economic groupings can be challenged in the judicial order.
During the month of the introduction of such measures,
By the laws of Ukraine ".
2. This Act will take effect from the day of its publication.

President of Ukraine
Um ... Kiev, 16 November 2006
N 360-V