Narcotic drugs and psychotropic substances

Member: 

Basic information

1

Outline of the system

Import of narcotic drugs and psychotropic substances is subject to a permission on the right to import of narcotic drugs and psychotropic substances. The relevant permissions are issued by the State Service of Ukraine on Medicines and Drugs Control. Permissions are issued to control the import of specified narcotic drugs and psychotropic substances (controlled substances).

2

Product coverage

This system fulfils part of Ukraine's obligation under UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988.

The list of narcotic drugs and psychotropic substances, the circulation of which is restricted, is approved by the Resolution of the Cabinet of Ministers of Ukraine No. 770 on 6 May 2000 "On Approval of the List of narcotic drugs, psychotropic substances and precursors" (as amended).

Nature of licensing

Automatic

3

If Automatic, administrative purpose

Non-Automatic

4

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

Non-Automatic licensing to protect human, animal or plant life or health; protect environment; Quota (including TRQ) administration

5

Products under restriction as to the quantity or value of imports

The system is based on the requirements of the international treaty. The permission system aims at monitoring trade and authorization of imports of narcotic drugs and psychotropic substances. The permission system is intended to restrict the quantity of imports to quotas determined by the Ministry of Health of Ukraine on information provided by the State Service of Ukraine on Medicines and Drugs Control and approved by the Cabinet of Ministers of Ukraine. Proposals on the required quota for import of narcotic drugs and psychotropic substances for respective year are submitted by entities to the State Service of Ukraine on Medicines and Drugs Control. Based on information received from entities, the State Service of Ukraine on Medicines and Drugs Control prepares and submits to the Ministry of Health of Ukraine proposals on determining quotas for import of narcotic drugs and psychotropic substances for corresponding year. The quota is approved by the Cabinet of Ministers of Ukraine.

6

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

Please see Answers 6.1-6.11.

7

The system applies to products originating from which country?

The system applies to importers of controlled substances from all countries.

8

Expected duration of licensing procedure

Ongoing

Eligibility of applicants

12

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

13

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

Entity that has a valid import license (license for import activity) may apply for a permission. A permission is only issued to licence holder.

14

Is there a registration fee?

15

Is there a published list of authorized importers?

Contact point for information on eligibility

16

Ministry/Authority

Ministry for Development of Economy, Trade and Agriculture of Ukraine
Department for Foreign Economic Activity and Trade Protection

17

Address

01008, Kyiv, Grushevskogo str., 12/2

18

Telephone

+380 (044) 200 4461

19

Fax

20

E-mail address

22

Contact officer

Submission of an application

23

Administrative body(ies) for submission of an application

State Service of Ukraine on Medicines and Drugs Control
03115 Kyiv, Peremohy avenue. 120-A
https://www.dls.gov.ua/
+380 (44) 422-55-77
e-mail dls@dls.gov.ua

Documentation requirements

24

What information is required in applications?

The requirements for application, as well as their list are specified by the Resolution of the Cabinet of Ministers of Ukraine No. 146 of 3 February 1997 "On approval of the procedure for issuing permissions for the right to import into the territory of Ukraine, export from the territory of Ukraine of narcotic drugs, psychotropic substances and precursors", available at https://zakon.rada.gov.ua/laws/show/146-97-%D0%BF#Text.

Information about business entity, which is a seller or a buyer under the contract, can be specified on the reverse side of the permission at the request of the applicant.

25

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

The required documents, as well as their list are specified by the Resolution of the Cabinet of Ministers of Ukraine No. 146 of 3 February 1997 "On approval of the procedure for issuing permissions for the right to import into the territory of Ukraine, export from the territory of Ukraine of narcotic drugs, psychotropic substances and precursors", available at https://zakon.rada.gov.ua/laws/show/146-97-%D0%BF#Text.

Window of submission of an application

26

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

Not applicable.

27

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

28

Can a licence be granted immediately on request?

Not applicable.

29

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

Not applicable.

30

Which administrative body is responsible for approving application of licences?

Not applicable.

31

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

32

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

A permission in case of its loss cannot be restored. The loss of the permission must be immediately informed to the State Service of Ukraine on Medicines and Drugs Control.

Fees and other administrative charges

33

Is there any licensing fee or administrative charge?

A fee for issuing the permission is charged in amount of one percent of the value of the import contract.

34

What is the amount of the fee or charge?

35

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

No deposit or advance payment requirement associated with the issue of permission.

36

Amount or rate?

37

Is it refundable?

38

What is the period of retention?

39

What is the purpose of this requirement?

Refusal of an application

40

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, including being the holder of the import license.

41

Are the reasons for any refusal given to applicants?

If applications are not granted, applicants will be informed about the reasons for that in writing.

42

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.

43

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?

Not applicable.

45

What documents are required upon actual importation?

At the time of actual importation the permission on the right to import of narcotic drugs and psychotropic substances is required along with other necessary customs documents. The certified copy of the permission is attached to each consignment of narcotic drugs and psychotropic substances and are moved with it. Import of narcotic drugs and psychotropic substances to the territory of Ukraine is carried out only through customs points, determined by the Cabinet of Ministers of Ukraine.

46

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

Yes, the importer must have a valid import license (license for import activity).

Conditions of licensing

47

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

The permission specifies the period within which narcotic drugs and psychotropic substances shall be imported. The permission validity can be extended once by the State Service of Ukraine on Medicines and Drugs Control up to 31 December of the year in which it was issued, if the declared consignment has not crossed the customs border of Ukraine during the mentioned in the permission period due to justifiable reasons. To extend the term of validity of the permission it is necessary to submit such permission to the State Service of Ukraine on Medicines and Drugs Control not later than the term of its validity expires.

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 or a portion of a permission.

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

50

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

Not applicable.

51

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

Not applicable.

52

Is foreign exchange always available to cover licences issued?

Not applicable.

53

What formalities must be fulfilled for obtaining the foreign exchange?

Not applicable.

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)

6.1

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?

Amount of quota for import of narcotic drugs and psychotropic substances for the respective year is approved by the Cabinet of Ministries of Ukraine. Information on quotas and required documents for obtaining a permission can be viewed at the official website of the State Service of Ukraine on Medicines and Drugs Control: https://www.dls.gov.ua. Quotas are set for specific importers not for the country. The legislation does not provide for any exception or derogation from permission requirements.

6.2

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?

Quota is established on a yearly basis. The amount of the import quota is determined based on the demand for narcotic drugs and psychotropic substances. Import of narcotic drugs and psychotropic substances to Ukraine in an amount exceeding the quota determined by the Cabinet of Ministers of Ukraine is prohibited. Supplementary quota can be applied for from the Ministry of Health, if required, during the year. Permission is issued per consignment. Importers are required to apply for a permission every time they wish to import.

6.3

Are 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)

Unused allocations cannot be rolled over into the next year.

6.4

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?

Applications are demand driven. Applications can be made at any time.

6.5

What are the minimum and maximum lengths of time for processing applications?

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. A permission may be issued in a shorter time frame and depends only on technical capacity of the relevant authority.

6.6

How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?

A permission is effective for importation from the date it is granted.

6.7

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 State Service of Ukraine on Medicines and Drugs Control considers permission applications for import of narcotic drugs and psychotropic substances to Ukraine. Such permissions are issued under the approvals from the the Security Service of Ukraine. Permission is issued per consignment. Importers are required to apply for a permission every time they are going to import.

6.8

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?

Applications are examined and processed on receipt. There are maximum amounts set for quotas that may be allocated per applicant.

6.9

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?

Import permissions are required for all consignments of controlled substances regardless of whether an export permit is also required.

6.10

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.

6.11

Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?

Not applicable.