Basic information
Outline of the system
Import of particular goods from the Republic of North Macedonia is subject to licensing within the framework of tariff quota in accordance with the provisions of Agreement on Free Trade between Ukraine and Republic of Macedonia of 18 January 2001, ratified by Law of Ukraine as of 05.07.2011 No.259-III.
Product coverage
List of goods imported from North Macedonia (see Products)
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Non-Automatic to protect human, animal or plant life or health; pursue obligations under the UN Charter and other International treaties
Products under restriction as to the quantity or value of imports
List of goods subject to licensing within the tariff quota, is listed in the Resolution of the Cabinet of Ministers of Ukraine No. 1329 of 28.12.2020 "On approval of the lists of goods export and import of which are subject to and quotas for 2021".
Questions for products under restriction as to the quantity or value of imports
Please see Answers 6.1-6.11.
The system applies to products originating from which country?
Goods imported from North Macedonia
Expected duration of licensing procedure
Effective from 1 January till 31 December 2023
Legal requirements
Is the licensing statutorily required?
The legislation under which licence is maintained includes:
- Law of Ukraine "On foreign economic activities" No. 959-ХІІ of 16 April 1991 as amended;
- Resolution of the Cabinet of Ministers of Ukraine No. 1424 of 29 December 2021 "On approval of the lists of goods export and import of which are subject to licensing and quotas for 2022";
-Order of the Ministry of Economy No. 302 of 14.09.2007 "On approval of the legal acts relating to licensing of imports of goods and amendments to the Procedure for consideration of applications for issuance of licenses related to non-tariff regulation of foreign economic activities in the Ministry of Economіс Development and Trade of Ukraine" (as amended).
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?
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?
Legal entity or individual entrepreneur is eligible to apply for licenses.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Ministry of Economy of Ukraine, Department for Foreign Economic Activity and Trade Protection
Address
01008, Kyiv, Grushevskogo str., 12/2
Telephone
+38 (044) 2004461
Fax
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Ministry of Economy of Ukraine, Department for Foreign Economic Activity and Trade Protection
Documentation requirements
What information is required in applications?
An application for a license must contain the following information: full name of a legal entity or individual entrepreneur, full name of its manager, description and code of the good (goods) under Ukrainian classification of goods of foreign economic activities (UKTZED), name of the producer, consumer of the good (goods), code and name of the state (states) of origin and destination/departure, term of validity of the license, quantity and value of the good (goods), code and name of the customs point, full names and addresses of the seller and customer, nature of the contract, currency of payment, principal and additional unit of measurement for the good (goods), approval of executive bodies (if required), basis for request for a license, special terms of the license.
What documents is the importer required to supply with the application?
To obtain a license for importation of goods it is necessary to submit the following documents accompanying the application:
- a letter requesting a license and guaranteeing payment of the state fee for the issuance of the license;
- a copy of a foreign economic activity contract, all annexes and specifications for this contract, certified by the manager of a legal entity or individual entrepreneur and seal;
- a copy of the state registration certificate as a legal entity or individual entrepreneur certified by the manager and seal.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Not applicable.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Not applicable.
Issuing the license
Can a licence be granted immediately on request?
Not applicable.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Not applicable.
Which administrative body is responsible for approving application of licences?
Not applicable.
Must the applications be passed on to other organs for visa, note or approval?
Not applicable.
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 power of attorney, or of a copy of a power of attorney authorizing receipt of a license, and submission of a document identifying the person receiving the license if the license is issued to the authorized representative of a legal entity or individual entrepreneur.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
A fee for licence is 780 UAH.
What is the amount of the fee or charge?
A fee for licence is 780 UAH.
According to the Resolution of the Cabinet of Ministers of Ukraine No. 241 of 10 March 2022 "On amendments to the Resolution of the Cabinet of Ministers of Ukraine No. 362 of 18 May 2005 'On setting the fee for issuing export (import) licences'" the fee for issuing a license for export (import) of goods is not charged until termination or cancellation of the martial law in Ukraine.
Is there any deposit or advance payment required associated with the issue of licences?
No.
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 refused if the applicant does not meet ordinary criteria. The reason to refuse to issue a license is also includes exhaustion of quota.
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?
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.
Importation
Are there any limitations as to the period of year during which importation may be made?
Not applicable.
What documents are required upon actual importation?
At the time of actual importation the following documents are required: foreign economic agreement (contract); shipment customs declaration; certificate of origin; import license.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
A licences is valid for the licence period.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable.
Is a licence required as a condition to obtaining foreign exchange?
Is foreign exchange always available to cover licences issued?
What formalities must be fulfilled for obtaining the foreign exchange?
The following questions are only for products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally)
Where is information on allocation and formalities for licences published? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Resolution of the Cabinet of Ministers of Ukraine No. 1424 of 29 December 2021 "On approval of the lists of goods export and import of which are subject to licensing, and quotas for 2022" establishes the volumes of tariff quotas for goods importation of which from Republic of North Macedonia is subject to licensing within the established tariff quotas.
The Resolution of the Government is published in official publications “Uriadovyi Courier”, “Ofitsiynyj Visnyk Ukrainy” and available on the Internet sites of government agencies, in particular, the Verkhovna Rada (https://rada.gov.ua/), the Cabinet of Ministers of Ukraine (https://www.kmu.gov.ua/ua) and the Ministry of Economy of Ukraine (http://www.me.gov.ua).
Order of the Ministry of Economy No. 302 of 14 September 2007 "On approval of the legal acts relating to licensing of imports of goods and amendments to the Procedure for consideration of applications for issuance of licenses related to non-tariff regulation of foreign economic activities in the Ministry of Economіс Development and Trade of Ukraine" (as amended) sets forth a procedure for consideration of applications for issuance of licenses, a procedure for preparation and issuance of licenses for importation of goods subject to licensing, license form and procedure for its completion, an application form for obtaining a license and its completion.
There is no maximum amount set for quotas that may be allocated to each importer. The legislation does not provide for any exception or derogation from licensing requirements.
Is the size of the quota determined: on yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for a fresh licence on a six-monthly or quarterly basis?
The volume of quota is determined on a yearly basis without any six-month or quarterly break-down. (Please see Annex III for Volume of Quota)
Annex III - TQs.pdfAre licences allocated for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate)
Quota not used in the previous period is not added to the volume of quota for the next period. To date the Ministry of Economy of Ukraine has never received requests from governments and export promotion bodies of exporting countries regarding the list of importers to whom licences have been allocated.
From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
There are no restrictions regarding a period of the time during which it is allowed to submit an application for a license.
What are the minimum and maximum lengths of time for processing applications?
The period for consideration of applications may not exceed 30 days following the date of receipt of the application. A license may be issued in a shorter time frame and depends only on technical capacity of the relevant authority.
How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
A license shall be effective for importation of goods from the date it is granted.
Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
The Ministry of Economy of Ukraine considers license applications. Applications shall not be submitted to other bodies for approval, commenting or endorsement. An importer does not have to apply to any other administrative bodies for approval of one's application.
If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
If the demand for licenses cannot be fully satisfied, the decision on granting the licenses is made on the basis of the "first come, first served". There are no maximum amounts set for quotas that may be allocated per applicant or for quotas set for new business entities. Examination of applications for import licenses is carried out on their receipt.
In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Yes, import licenses are required, they are not issued automatically.
In cases where imports are allocated on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Not applicable.
Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
No.