Customs (TO BE UPDATED SOON)

Reference materials concerning the rules of customs control passing in the areas of the simplified customs control (green corridor) while carrying goods by persons through the customs border of Ukraine

The article 68 of the Customs code of Ukraine sets the application of the simplified customs control which is carried out in the proper areas (corridors).

Simplified customs control is used in the cases of goods carried by persons through the customs border of Ukraine, which are not the subject of obligatory declaration and taxation and do not belong to the category of goods on carrying of which through the customs border of Ukraine prohibitions or limitations are set.

Persons who pass through the areas (corridors) of the simplified customs control are free of customs declaration presentation.

The release from customs declaration presentation does not mean the release from the obligatory observance of order of goods carrying through the customs border of Ukraine.

The order of the State Customs Service of Ukraine № 137 dated 18.02.06 approved the Rules of application of the simplified customs control of articles carried out by persons who follow by aviation transport (farther – the Rules).

In accordance with a point 1.2 of the Rules:

    * a "green" corridor is an area of the simplified customs control, which is the part of customs control area on the territory (in an apartment) of air-port, technically and informatively equipped and intended for realization of simplified customs control of goods carried by persons through the customs border of Ukraine which are not the subject for writing declaration, and also taxation and on carrying of which through the customs border of Ukraine prohibitions or limitations are not set;
    * a "red" corridor is a part of customs control area on the territory (in an apartment) of air-port, intended for realization of customs control and customs clearance of goods carried by persons through the customs border of Ukraine which are the subject for writing declaration, and also taxation or on carrying of which through the customs border of Ukraine prohibitions or limitations are set.

In accordance with the Rules simplified customs control is used both at persons entering on the customs territory of Ukraine and at leaving the country.

In the places of customs control realization, including simplified control, the customs control areas are created and identified on the territory (in apartments) of air-port.

"Red" and "green" corridors have coloured markings, inscriptions, pointers of motion directions and others. Completion of "green" corridor is identified with a white line.

Information concerning customs regulations, necessary for persons to determine the possibility of passing the "green" corridor, is placed before the customs control area and in this area.

With the decision of a customs officer customs control of articles carried by persons in a carry-on baggage and/or accompanied baggage can be carried out selectively by unpacking of baggage places and/or by application of customs control tools (metaldetectors, introscopes etc).

On demand of a customs officer a person is obliged to present carry-on baggage and/or accompanied baggage content.

The careful inspection of articles is carried out in the customs apartments specially taken for this purpose.

A person singly makes a decision about passing the simplified customs control or customs control with customs declaration presentation – "green" or "red" corridor.

Responsibility for customs regulations violation comes for a person which has chosen to pass customs control with "green" corridor, – from the moment of crossing the white line which marks completion of "green" corridor.

The list of information which is declared by persons while carrying articles through the customs border of Ukraine, and form of customs declaration, is set with the Decision of the Cabinet of Ministers of Ukraine № 748 dated 15.07.97.

The point 10 of the above mentioned List sets the articles which need the obligatory declaration and carrying of them through the customs border is accomplished after presentation of permissive documents of the proper competent authorities – any weapon, live ammunitions and explosives, drugs and psychotropic matters, cultural values, printing editions and other information transmitters, poisonous and drastic matters and medications, radio-active materials, objects of flora and fauna, their parts and products got from them, high-frequency radio electronic devices.

The order of goods and personal effects importation by persons on the customs territory of Ukraine is regulated by the Law of Ukraine № 2681 dated 13.09.01 “About the order of importation (sending) to Ukraine, customs clearance and taxation of personal effects, goods and means of transport which are imported (sent) by persons on the customs territory of Ukraine” (farther – the Law).

According to the provisions of the Law during the importation to the customs territory of Ukraine following goods in the accompanied baggage aree free of taxation:

    * goods the total customs value of which does not exceed 200 euros, and gross weight does not exceed 50 kg;
    * 1 litre of spirits, 2 litres of wine and 5 litres of beer, tobacco goods – 200 cigarettes or 200 grams of these products;
    * personal effects.

The list of articles attributed to the personal effects is set by the Decision of the Cabinet of Ministers of Ukraine № 1652 dated 13.12.01 “About volumes and order of food stuffs for an own consumption importation by persons on the customs territory of Ukraine and list of articles which can not be attributed to the personal effects”. This list refers to the personal effects consist of:

1. Personal jewellery, including from precious metals and stone, that have signs of being used.
2. Articles, such as clothing, linen, shoes, that have especially personal character, intended exceptionally for the own use and, as a rule, have signs of being used, or new that brought in, as a rule, in one copy (set).
3. Articles of the personal hygiene and individual cosmetics in an amount which provides the necessities of one person on the period of journey.
4. Individual writing and office utensils.
5. Camera, motion picture/video camera, accessories therefor.
6. Binoculars.
7. Portable musical instruments.
8. Portable sound reproduction devices including tape recorders, compact disc players and dictating machines with tapes, records and discs.
9. Portable radio receivers.
10. Portable television sets.
11. Portable personal computers and accessories.
12. Calculator, electronic notebook.
13. Individual portable medical devices for providing of man’s vital functions and for control after his state, that have signs of being used.
14. Cellular or mobile telephones, pagers.
15. Baby-carriages.
16. Wheelchairs for invalids.
17. Sporting equipment – bicycle, a fishing-rod, complete set of alpinist equipment, complete set of equipment for the submarine swimming, complete set of ski, complete set of tennis rackets, board for surfing and windsurfing, complete set of equipment for golf, other analogical equipment, intended for the use of one person.
18. Medications carried through the customs border of Ukraine according the order and volumes which are determined by the Ministry of Health.
19. Things intended for habitation arrangements and vital functions providing of citizens which were abroad in long-term business trips.
20. Other articles of the first necessity which are ownership of a person and intended exceptionally for his vital functions providing and his own use, which are not goods and not intended for alienation or passing to other persons and correspond to the purpose of stay abroad.

Other articles can not be refered to the personal effects, except those which are marked in the list.

The article 9 of the Law sets limitations in relation to the goods importation by persons on the customs territory of Ukraine. In accordance with the requirements of this article admission on the customs territory of Ukraine of agricultural products which fall under determination of the first – twenty fourth groups of the Ukrainian goods classification of foreign-economic activity is not allowed in any volumes.

This limitation does not spread, in particular, on:

• spirits in an amount 1 litre, wine – 2 litres, beer – 5 litres, tobacco goods – 200 cigarettes or 200 grams of these products, which are imported by persons in the personal baggage
• food stuffs for an own consumption on a lump sum to 50 euros on one person, which are imported in such volumes:
– in producer packing intended for the retail trading, – in an amount no more than one packing or by general mass which does not exceed two kilograms, every name on one person;
– without packing – in an amount which does not exceed two kilograms of every name on one person;
– without packing – an indivisible product ready to the direct use, in an amount no more than unit of every name on one person.

Admission through the customs border of Ukraine is not allowed concerning:

    * goods which can injure health or threaten life of population and animal kingdom or harm an environment;
    * literary and artistic works, polygraphy and other printing products, movies-, photo-, audio- and video data, which propagandize war, cruelty, pornography, racial, ethnic or religious enmity, call to the violent overthrow of constitutional line-up in Ukraine;
    * goods and personal effects on admission of which permissions of other public institutions are needed, without the presence of these permissions. The list of these goods and personal effects is determined by the Cabinet of Ministers of Ukraine.

The article 250 of the Customs code of Ukraine sets the terms of goods exportation by persons outside the customs territory of Ukraine. According to the requirements of the noted article goods exportation by persons outside the customs territory of Ukraine is carried out in an order and on terms set by the legislation of Ukraine for enterprises, if other is not foreseen by the law.

The action of the first part of the article 250 of the Customs code of Ukraine does not spread, in particular, on goods, the combined cost of which does not exceed a sum, equivalent 200 euros.

Thus, in accordance with the requirements of the decision of the Cabinet of Ministers of Ukraine № 700 dated 15.05.03 “About the order of exportation of precious metals (except bank metals, memorable and anniversary chinks of Ukraine from precious metals), jewels and wares from them, and also cultural values with the purpose of their alienation outside the customs territory of Ukraine by the persons”, exportation of precious metals (except bank metals, memorable and anniversary chinks of Ukraine from precious metals), jewels and wares from them, with the purpose of their alienation, in the case when their combined cost does not exceed a sum, equivalent 200 euros (except forbidden to the exportation outside the customs territory of Ukraine and personal effects), carried out with writing declaration in an order set by the legislation for citizens, without payment of taxes and collections.

According to the requirements of the article 251 of the Customs code of Ukraine exportation by persons is not allowed regardless of total worth:

1) goods in relation to which in accordance with the legislation of Ukraine the measures of the tariff and untariff adjusting of export are used;
2) goods to which state grants are set on, except for the articles of the personal use;
3) goods of industrial setting (equipment, stuff wares, materials and others) according to the list which is determined by the Cabinet of Ministers of Ukraine.

Pursuant to the requirements of the article 97 of the Customs code of Ukraine the order of currency values carrying through the customs border of Ukraine is established by the National bank of Ukraine.

By the decision of the Administration of the National bank of Ukraine № 283 12.07.00 dated the order of Ukrainian currency, foreign currency, bank metals, pay documents, other bank documents and pay cards carrying through the customs border of Ukraine is determined.

While crossing the border persons have the right to take advantage of “green” corridor in following cases:
 
   

While crossing the border persons have the right to take advantage of “green” corridor in following cases:

 
Exportation
Importation
Currency of Ukraine
to 3000 hrivnas
(except chinks from precious metals)
Foreign currency and/or travelling and nominal cheques, cards Visa Travel Money
 
to 3000 dollars of the USA
or equivalent of this sum in other foreign currency
(except chinks from precious metals)
 
 
 
 
 
 
 
 
 
 
Pay cards (farther – PCs), other bank documents
PCs issued by the banks of Ukraine (including international pay systems)
PCs issued by the banks of Ukraine (including international pay systems)
For persons – non-residents:
PCs issued by the foreign banks (including international pay systems) and nonbank organizations and are imported/sent in Ukraine with the observance of requirements of current legislation of Ukraine
 
PCs issued by the foreign banks (including international pay systems) and nonbank organizations
 
nominal (holdings) books and other holdings documents which certify the presence of holdings in foreign currency in the authorized banks, on condition that this documents are written on the name of the person which leaves Ukraine
nominal (holdings) books and other holdings documents which certify the presence of holdings in foreign currency in the authorized banks, on condition that this documents are written on the name of the person which enters Ukraine

 

In addition, pursuant to the requirements of the article 27 of the Customs code of Ukraine goods carried through the customs border of Ukraine, except customs control, could be the subject sanitary-epidemiological, veterinary, fito-sanitary, radiological, ecological control and control after cultural values moving.

The customs clearance of goods carried through the customs border of Ukraine is completed only after realization of all necessary control types for these goods set by the legislation of Ukraine.
Consequently, persons while carrying goods through the customs border of Ukraine, which are the subject, except customs control, of other types of control, can not take advantage of "green" corridor for customs control realization in the simplified order.

The article 339 of the Customs code of Ukraine sets responsibility for violation of customs control passing in the areas (corridors) of the simplified customs control. If during customs control realization a person, which has chosen customs control passing through such area (corridor), is found guilty of carrying goods, forbidden or limited to carrying through the customs border of Ukraine, goods in amounts which exceed the untaxed norm of carrying through the customs border of Ukraine, – results in imposition of fine in a size from fifty to one hundred untaxed minimums of profits of citizens or confiscation of these goods.

The texts of the noted documents are available on the WEB-server of the State Customs Service of Ukraine (www.customs.gov.ua). (see heading “Information for individuals”).

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