Endangered species of wild fauna and flora

Member: 

Basic information

1

Outline of the system

Import of species of wild fauna and flora that are subject to the regulation by the Convention on International Trade of Endangered Species of Wild Fauna and Flora (CITES) requires a permission. The Ministry for Protection of Environment and Natural Resources is responsible for permission issuance on importation of wild live animals and certain wild growing plants. For sturgeon species and products thereof only permissions for import are issued by the State Fisheries Agency.

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Product coverage

Import permissions are issued for wild fauna and flora species listed in Appendix I to the CITES. Import permissions are issued separately for each sample or batch of samples.

Nature of licensing

Automatic

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If Automatic, administrative purpose

Non-Automatic

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If Non-Automatic, description of the notified Non-Automatic Licensing regime

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Products under restriction as to the quantity or value of imports

The system is based on the requirements of the international treaty and Ukraine's obligations under CITES. The purpose of the permission system is to control importation of species, listed in Appendix I to the CITES under internationally agreed circumstances. The permissions are not intended to restrict the quantity or value of importation of goods.

6

Questions for products under restriction as to the quantity or value of imports

Not applicable.

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The system applies to products originating from which country?

The system applies to goods imported from all countries.

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Expected duration of licensing procedure

Eligibility of applicants

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Is there a system of registration of persons or firms permitted to engage in importation?

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What persons or firms are eligible to apply for a licence?

Legal entity or individual entrepreneur is eligible to apply for a permission.

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Is there a registration fee?

15

Is there a published list of authorized importers?

Contact point for information on eligibility

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Ministry/Authority

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Address

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Telephone

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Fax

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E-mail address

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Website

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Contact officer

Submission of an application

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Administrative body(ies) for submission of an application

Documentation requirements

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What information is required in applications?

The requirements for application are contained in the Resolution of the Cabinet of Ministers of Ukraine No. 953 of 25 July 2007 "On Approval of the Procedure for issuing permissions for import and export of samples of wild fauna and flora, certificates for mobile exhibitions, re-export and introduction of these samples from the sea, which are subject to the regulation of the Convention on International Trade of Endangered Species of Wild Fauna and Flora, with respect to sturgeon species and products thereof, available at https://zakon.rada.gov.ua/laws/show/953-2007-%D0%BF#Text.

Sample form of the application is specified by the Order of the Ministry of Ecology and Natural Resources No. 107 of 29 February 2012 "On approval of forms of permission for import and export of samples of wild fauna and flora, certificate for mobile exhibitions, re-export and introduction from the sea of these samples, which are subject to regulation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and a sample application for their receipt", available at https://zakon.rada.gov.ua/laws/show/z0990-12#Text.

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What documents is the importer required to supply with the application?

Documents confirming the origin of the sample and the legality of acquisition to the right of ownership or possession and use of the sample shall also be attached to the application. Depending on the method of acquisition of ownership or possession and use of the sample, the following documents shall be submitted:

- extract from the state book of breeding animals or the register of artificial breeding of animals, cultivation of plants indicating the date and place of breeding or rearing, breeding numbers and proper nicknames of animals (if any), and if the sample belongs to the species included to Appendix I to the CITES, - data on its paternal individuals up to the second generation;

- duly certified copies of civil law contracts, other transactions under which the sample was acquired in the ownership or possession and use.

Window of submission of an application

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How far in advance of importation must application for a licence be made?

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Are there any limitations as to the period of the year during which application for licence can be made? If so, explain

No. Applications can be submitted at any period of the year.

Issuing the license

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Can a licence be granted immediately on request?

No. In order to reduce the possible negative impact on living samples, the Ministry for Protection of Environment and Natural Resources takes measures to reduce the time of consideration of documents submitted by the applicant for permission.

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Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence

The decision on issuing a permission or on its refusal shall be made within 30 business days from the date of receipt of the application. If it is necessary to obtain the conclusion of the scientific authority on the existence of a potential threat to the survival of the species as a result of international trade of its samples, the term of consideration of the submitted documents is extended for 30 days.

30

Which administrative body is responsible for approving application of licences?

The consideration of the applications for permissions on importation of wild fauna and flora species is effected by the Ministry for Protection of Environment and Natural Resources.

31

Must the applications be passed on to other organs for visa, note or approval?

Applications for permissions for import of sturgeon species and products thereof only are considered by the State Fisheries Agency.

If there is a potential threat to survival as a result of international trade of its samples, a permission is issued if there is a positive conclusion of the relevant scientific authority of Ukraine on the issues of the Convention implementation. The conclusion is prepared after receiving the request of the Ministry for Protection of Environment and Natural Resources or the applicant.

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Are there any other conditions attached to the issue of a licence?

There are no other conditions accompanying issuance of permission.

Fees and other administrative charges

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Is there any licensing fee or administrative charge?

The issue of permission is free of charge.

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What is the amount of the fee or charge?

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Is there any deposit or advance payment required associated with the issue of licences?

No deposit or advance payment is required in connection with the issue of a permission.

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Amount or rate?

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Is it refundable?

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What is the period of retention?

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What is the purpose of this requirement?

Refusal of an application

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Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?

A permission may not be granted if the applicant fails to meet ordinary criteria.

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Are the reasons for any refusal given to applicants?

If an application for the permission remains without consideration, applicant will be informed about the reasons for that in writing within a week from the date of registration of the application.

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Have applicants a right of appeal in the event of refusal to issue a licence?

A decision to refuse the issue of a permission may be appealed to the district administrative court in conformity with provisions of the Code of Administrative Proceedings of Ukraine.

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If so, to what bodies and under what procedures?

A decision to refuse the issue of a permission may be appealed to the district administrative court in conformity with provisions of the Code of Administrative Proceedings of Ukraine.

Importation

44

Are there any limitations as to the period of year during which importation may be made?

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What documents are required upon actual importation?

At the time of actual importation the permission on import of species of wild fauna and flora from the Ministry for Protection of Environment and Natural Resources and the permission on import of sturgeon species and products thereof from the State Fisheries Agency is required along with other necessary customs documents.

46

Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

There are no other administrative procedures required prior to importation.

Conditions of licensing

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What is the period of validity of a licence? Can the validity be extended? How?

The validity period of import permission is 12 months. For sturgeon species and products thereof the period of validity of the import permission is up to the end of the year in which it was issued.

48

Is there any penalty for the non-utilization of a licence or a portion of a licence?

There is no penalty for non-utilization of a permission. Unused permission shall be returned by the applicant to the administrative body that issued it, not later than 30 days from the date of expiration of its validity with an explanation of the reasons for non-use. In case of necessity instead of the returned unused permission, the applicant shall be issued a new permission based on the relevant application.

49

Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?

Permissions are not transferable between importers.

Foreign Exchange

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Is foreign exchange automatically provided by the banking authorities for goods to be imported?

Not applicable.

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Is a licence required as a condition to obtaining foreign exchange?

Not applicable.

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Is foreign exchange always available to cover licences issued?

Not applicable.

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What formalities must be fulfilled for obtaining the foreign exchange?

Not applicable.