Outline of the system
The Law of Ukraine "On state regulation of production and circulation of ethyl, cognac and fruit alcohol, alcoholic beverages, tobacco goods and fuel" contains requirements for obtaining a licence for production of tobacco products and imports of certain products used for cigarette manufacturing
Imports of cigarette tissue and filters for industrial cigarette production can be conducted only by holders of a tobacco manufacture license. The system is intended to prevent illegal supply of counterfeit products for cigarette production and further protection of public health.
Nature of licensing
If Automatic, administrative purpose
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Non-Automatic licensing to protect human, animal or plant life and health; protect environment
Products under restriction as to the quantity or value of imports
The system does not restrict the quantity or value of imported products for cigarette production
Questions for products under restriction as to the quantity or value of imports
The system applies to products originating from which country?
Expected duration of licensing procedure
Is the licensing statutorily required?
The system of licensing is established by the Law of Ukraine "On state regulation of production and circulation of ethyl, cognac and fruit alcohol, alcoholic beverages, tobacco goods and fuel" of 1995.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
This system cannot be abolished without legislative approval.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
Entities (including foreign entities operating through registered permanent establishments), which have a full technological cycle of tobacco production, including the manufacture of tobacco mixture, cigarette production facilities.
The license is issued after the certification of the factory (production facilities, areas, laboratories and other units used in the manufacturing and control over the manufacture of tobacco products) to meet the requirements established by the current legislation of Ukraine in respect of ensuring human life and health, environmental protection, full technological cycle of tobacco manufacture, as well as compliance with sanitary, fire, environmental standards and regulations.
Is there a registration fee?
Is there a published list of authorized importers?
Submission of an application
Administrative body(ies) for submission of an application
State Tax Service of Ukraine
What information is required in applications?
What documents is the importer required to supply with the application?
To obtain a license for the manufacture of tobacco products it is necessary to submit the following documents:
- application (optional form);
- copies of constating documents;
- a production certificate issued by authorized central executive body;
- a contract with an accredited laboratory (in case if there is no own accredited laboratory);
- a document verifying payment of the fee for a license.
If these documents are issued to a person other than the applicant, such person shall additionally submit documents confirming his/her right to use the relevant facility.
Documents shall be submitted in one sample in copies, notarized or certified by the body that issued the original document, or an official of the licensing authority.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Applications can be submitted at any period of the year
Issuing the license
Can a licence be granted immediately on request?
A license may be issued in a shorter time frame and depends only on technical capacity of the relevant authority
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
The period for consideration of application for obtaining a tobacco manufacture license may not exceed 30 calendar days following the date of receipt of required documents.
Which administrative body is responsible for approving application of licences?
The consideration of the applications for a licence is effected by the State Tax Service.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
Other conditions accompanying issuance of licenses are:
- submission of a document verifying payment of the fee for a license;
- submission of a document identifying the person receiving the license.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
The annual licence fee is 780 UAH
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
An application for a license may be rejected if an incomplete package of documents is submitted, inaccurate information is provided in the documents, the annual license fee is not paid
Are the reasons for any refusal given to applicants?
A decision to refuse to issue a license must be provided to the applicant in writing
Have applicants a right of appeal in the event of refusal to issue a licence?
A decision to refuse the issue of a license may be appealed to the district administrative court in conformity with provisions of the Code of Administrative Proceedings of Ukraine.
If so, to what bodies and under what procedures?
The district administrative court in conformity with provisions of the Code of Administrative Proceedings of Ukraine.
Are there any limitations as to the period of year during which importation may be made?
What documents are required upon actual importation?
At the time of actual importation a valid license for the manufacture of tobacco products is required along with other necessary customs documents.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Licenses are issued for a period of five years
Is there any penalty for the non-utilization of a licence or a portion of a licence?
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Is foreign exchange automatically provided by the banking authorities for goods to be imported?