Publication date: 11.06.2024
Legal Regulation of Customs Value of Goods: Legislative Novelties and Practice
Introduction
The customs value of goods is a key element in determining the customs duties payable when importing or exporting goods. In Ukraine, the legal regulation of the customs value of goods is constantly being improved in response to international standards and economic realities. This article will review the main novelties of the legislation on customs value of goods and practical aspects of their application.
Legislative novelties
Amendments to the Customs Code of Ukraine
The latest amendments to the Customs Code of Ukraine, which entered into force in 2023, are aimed at harmonizing Ukrainian legislation with the EU;
international standards, in particular with the norms of the World Trade Organization (WTO). The main innovations include:
Clearer criteria for determining customs value:
- The determination of customs value based on the transaction value of imported goods has become more detailed. The inclusion of additional costs, such as transportation costs to the border of Ukraine, insurance and other costs, is now defined more specifically.
Expanding the powers of customs authorities:
- The customs authorities have been granted additional powers to verify the correctness of the customs value of goods. This includes the right to request additional documents and conduct additional inspections.
Simplification of procedures for bona fide importers:
- Introduction of proxy mechanisms for bona fide importers, allowing for simplified declaration and faster customs clearance.
Innovations in bylaws
In addition to the amendments to the Customs Code, a number of bylaws were adopted to detail the procedures for determining customs value:
Instructions for determining the customs value:
- The new instructions approved by the Ministry of Finance set out the procedure for calculating the customs value of imported goods, taking into account international recommendations.
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Procedures for appealing decisions of customs authorities:
- Clear procedures for appealing against customs authorities' decisions on customs value determination have been established, ensuring transparency and protection of importers' rights.
Application practice
Challenges for business
Problems with the evidence base:
- Importers often face problems with providing a sufficient evidence base to confirm the customs value of goods. This may include requirements to provide additional documents, such as contracts, invoices, transportation documents, etc.
Disputes with customs authorities:
- There are frequent cases of disputes between importers and customs authorities over the correctness of the customs value of goods. This often leads to additional costs and delays in the customs clearance process.
Positive developments
Improving cooperation with customs authorities:
- The introduction of electronic declaration systems and automation of processes help to reduce bureaucratic procedures and speed up customs clearance.
Increasing transparency:
- Clearer criteria for determining the customs value and procedures for appealing against customs authorities' decisions will help to increase the transparency of customs processes and protect the rights of importers.
Conclusion.
The legal regulation of the customs value of goods in Ukraine has undergone significant changes aimed at harmonizing with international standards and improving the efficiency of customs procedures.
