Raw cane sugar

Member: 

Basic information

1

Outline of the system

The import of raw cane sugar within the tariff quota is subject to licensing. This system for import licensing aims at ensuring the implementation of international agreements.

2

Product coverage

The goal of licensing is to fulfill Ukraine's obligations under the WTO regarding the administration of tariff quota for raw cane sugar. Import of raw cane sugar is subject to licensing.

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.
Licences are issued on a first-come, first-served basis.

Licenses are issued on the approval of the State Agency on Material Reserve of Ukraine and the Ministry of Agrarian Policy and Food of Ukraine. The approvals of both the authorities should be received by the applicants before applying for licenses.

The Procedure for issuing licenses to import raw cane sugar to Ukraine within the amount of tariff rate quota is specified in the Order of the Ministry of Economy of Ukraine of 20 January 2009 No. 15 (with amendments).

5

Products under restriction as to the quantity or value of imports

Import licensing is used for the purpose of administering imports under the established tariff quota.

6

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

See Answers 6.1-6.11

7

The system applies to products originating from which country?

The system applies to goods originating in and coming from all countries.

8

Expected duration of licensing procedure

The licensing procedures will apply as long as the need of Ukraine exist to implement the administration of tariff quota commitments (Table 14. Tariff rate quota administration, Working Party Report WT/ACC/UKR/152, 25 January 2008).

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?

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

14

Is there a registration fee?

15

Is there a published list of authorized importers?

Contact point for information on eligibility

16

Ministry/Authority

WTO National Enquiry Point & Information Processing Centre

17

Address

04655, Kyiv, Lvivska Square, 8

18

Telephone

tel. +380(044)272-11-47

19

Fax

fax +380(044)272-15-78

20

E-mail address

21

Website

22

Contact officer

Submission of an application

23

Administrative body(ies) for submission of an application

Ministry of Economic Development and Trade
01008, Kyiv, M.Grushevskogo str., 12/2,
tel. +380(044)253-93-94, fax +380(044)226-31-81
e-mail: meconomy@me.gov.ua

the State Agency on State Material Reserve of Ukraine
01601, Kyiv, Pushkinska str., 28
tel. +380(044)234-63-47, fax +380(044)234-01-18
e-mail: komitet@gosrezerv.gov.ua

the Ministry of Agrarian Policy and Food of Ukraine
01001, Kyiv, Khreshchatyk str., 24
tel. +380(044)279-84-74, fax +380(044)279-8545
e-mail: post@minapk.gov.ua

Documentation requirements

24

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, its location, phone, fax, EDRPOU Code (DRFO number), number of the current account in national currency, bank name, MFO, bank location, number of the current account in foreign currency, bank name, MFO, bank location, consumer/seller of the product, commodity code under UKTZED, unit of measurement, quantity and value of the good, value (in the contract currency), additional name of the commodity, country of destination/seller, country of origin, basic conditions for delivery of the commodity imported by Incoterms, contract currency code, special terms.

25

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 to it;
- a copy of the state registration certificate as legal entity or individual entrepreneur;
- approvals of the relevant authorized agencies.

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?

Not applicable.

32

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; and
- 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

33

Is there any licensing fee or administrative charge?

Yes

34

What is the amount of the fee or charge?

A fee for licence is 780 UAH.

35

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

No.

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?

An application for a license may be refused if the applicant does not meet ordinary criteria. The reason to refuse to issue a license also includes exhaustion of quota.

41

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.

42

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.

43

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

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 following documents are required: foreign economic agreement (contract); shipment customs declaration; certificate of origin; import license.

46

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

In the period not later than 15 days after the date of import licence validity expiring, legal entity or individual entrepreneur should submit to the Ministry of Economy information on factual import of goods under the licence (indicating amounts)

Conditions of licensing

47

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

The term of the validity of the import licence is 90 days from the date of its signing, but shall be valid only until December 31 of the year for which it has been issued, within the amount of tariff rate quota. Imports under the license may be carried out during the term of validity of the license.

48

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

No.

49

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

No.

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?

52

Is foreign exchange always available to cover licences issued?

53

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)

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?

The specified legislative and regulatory acts are published in official publications "Ofitsiynyj Visnyk Ukrainy" and "Uriadovyi Courier" 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). Information relating to administration of tariff quota for raw cane sugar, including licensing procedure on a first-come first-served basis, was notified to the WTO by document G/AG/N/UKR/34 of 23 August 2019. There is no country specific quota. 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.

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?

A tariff quota for import of raw cane sugar is the annual one and is set once a year, without any six-month or quarterly break-down.

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)

The amount of the tariff quota not used in the current year is not to be added to the quota set for the following 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?

An application for a license may be submitted on any day after the date of the beginning of acceptance of applications for import licenses.

6.5

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

A decision on granting a license for import of raw cane sugar must be passed within a period not longer than 30 days from the date of the registration of the application. A license 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 license shall be effective for importation of goods 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 Ministry of Economy of Ukraine considers license applications for import of raw cane sugar to Ukraine. Licenses are issued on the approvals of the State Reserve Agency and the Ministry of Agrarian Policy and Food. The approvals of both the authorities should be received by the applicants before applying for licences.

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?

The decision on granting the licenses is made on "first-come, first-served" basis. 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.

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?

Not applicable.

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.