Publication date: 11.06.2024
Legal aspects of customs clearance of goods subject to sanctions regimes
Introduction
The customs clearance of goods subject to sanctions regimes is a complex process that requires careful compliance with international and national legal regulations. Sanctions can be imposed for various reasons, including political, economic and security considerations, and often have significant legal consequences for foreign economic operators. In this article, we will consider the main legal aspects of customs clearance of such goods, as well as international experience in this area.
Types of sanctions regimes
Economic sanctions:
- Imposing restrictions on the export or import of certain goods, services and technologies.
Financial sanctions:
- Freezing of assets, prohibition of financial transactions with certain individuals or organizations.
Trade embargoes:
- A complete ban on trade with a particular country or region.
Personal sanctions:
- Restrictions on entry, asset freezes, and a ban on economic activity for individuals.
National and international legal regulation
National legislation:
- In Ukraine, sanctions issues are regulated by the Law of Ukraine "On Sanctions" and relevant resolutions of the Cabinet of Ministers of Ukraine and the National Security and Defense Council. The customs authorities are obliged to comply with these regulations in the course of customs control.
International regulations:
- Sanctions regimes are also regulated by international organizations such as the UN, EU, NATO and others. The relevant resolutions and directives of these organizations are binding on their members, including Ukraine.
Customs clearance procedure
Identification of goods subject to sanctions:
- The first step is to identify the goods subject to sanctions. This may include checking the UKTZED codes, description of goods, country of origin and destination.
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Verification of documents:
- Customs authorities check all necessary documents, including certificates of origin, invoices, contracts and licenses. Particular attention is paid to documents confirming that there are no prohibitions or restrictions on the import or export of goods.
Consultations with other authorities:
- If necessary, the customs authorities may contact other government agencies, such as the Ministry of Foreign Affairs or the Security Service of Ukraine, to obtain additional information or confirmation.
Making a decision:
- After a detailed inspection, the customs authorities make a decision on the possibility or impossibility of customs clearance of goods. In case of violations of sanctions regimes, the goods may be detained, seized or returned to the sender.
Liability for violation of sanctions regimes
Administrative liability:
- Violations of the sanctions regime may result in fines and other administrative sanctions against business entities.
Criminal liability:
- In cases of serious violations, such as smuggling or illegal export/import of prohibited goods, criminal sanctions, including imprisonment, may be applied.
