Publication date: 11.06.2024
Legal regulation of customs clearance of goods subject to export control
Introduction
Export control is an integral part of international trade aimed at protecting national security, preventing the proliferation of weapons of mass destruction and complying with international obligations. In Ukraine, the legal regulation of export control of goods subject to special regulation is based on a number of legal acts. In this article, we will consider the key aspects of legal regulation of customs clearance of such goods.
Legal regulation
Law of Ukraine "On State Control over International Transfers of Military and Dual-Use Goods":
- This law defines the legal and organizational framework for exercising state control over international transfers of military and dual-use goods, including exports, imports, transit and other transactions.
Resolutions of the Cabinet of Ministers of Ukraine:
- The Cabinet of Ministers of Ukraine approves the list of goods subject to export control and establishes the procedure for obtaining permits (licenses) for the export of such goods.
Customs Code of Ukraine:
- The Customs Code contains general provisions on customs clearance of goods, including those subject to export control. The Code defines the procedure for declaration, customs control and other customs procedures.
The State Export Control Service of Ukraine (Derzhexportkontrol):
- The State Export Control Service is a central executive body that exercises state control over international transfers of military and dual-use goods. It issues permits and licenses for the export of such goods.
Customs clearance procedures
Obtaining a license:
- To export goods subject to export control, a license must be obtained from the State Export Control Service. Companies must submit an application, provide the necessary documents and information about the goods, their end user and final destination.
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Declaration of goods:
- The exporter is obliged to submit a customs declaration that contains all the necessary information about the goods. The declaration must contain information on the license for the
- export issued by the State Export Control Service.
Customs control:
- Customs authorities monitor compliance with export control requirements during customs clearance of goods. This includes document verification, inspection of goods, and other control measures.
End-user verification:
- The State Export Control Service and customs authorities may verify the end user of the goods, including on-site verification to confirm the declared end use of the goods.
Liability for violations
Administrative liability:
- Violation of export control requirements is subject to administrative liability, including fines, confiscation of goods and other sanctions.
Criminal liability:
- In case of crimes related to the export of controlled goods (e.g., illegal export of weapons or dual-use technologies), the perpetrators may be held criminally liable under the Criminal Code of Ukraine.
