Import, export, customs clearance, ferrous scrap metal, non-ferrous scrap metal, Ukraine
In modern conditions various methods of regulation of foreign trade activities exist, most common tariff and not tariff regulations. The law of Ukraine from 05.05.99 N 619-XIV "On scrap metal", as amended, regulates relations which arise in the course of realisation of operations with the scrap metal, being the major strategic raw material for metallurgical manufacture, and directed on protection of interests of the enterprises of domestic metallurgical area and maintenance of ecological safety (further - the Law).
According to Law article 13, bodies which carry out state regulation of operations with scrap metal are the Cabinet of Minister of Ukraine, Ministry of industrial policy, other central authorities according to their competence and local state administrations.
All operations with scrap metal are allowed, except:
• Export of waste of nonferrous metals;
• Export of scrap metal which was formed in military units, military educational institutions of Armed forces of Ukraine and other military formations formed according to laws of Ukraine;
• Export of alloyed ferrous metals (alloyed scrap metal);
• Export as toll manufacturing raw materials of waste of nonferrous metals.
State regulation of operations with scrap metal is carried out by such measures:
• Licensing of operations with scrap metal;
• Issuance of the export certificate of quality on conformity of a chemical compound of exported scrap metal to standards of Ukraine and international standards;
• The ecological control with issuance of the certificate of ecological control;
• Presence of a card of registration of the contract of the Ministry of Economy;
• The expert judgment of territorial body of Derzhstandart on each export shipment of scrap metal;
• Tax collections, etc.
These requirements are established by following documents:
1. Article 9 of the Law of Ukraine from 05.05.99 N 619-HII "On scrap metal" defines the following:
o Contracts for scrap metal export are subject to registration in an order established by the Cabinet of Minister of Ukraine.
o Export of alloys and ingots from waste of nonferrous metals is carried out in the presence of the export certificate of quality by the specialised metallurgical processing enterprises which are certificated on conformity of requirements of international standards ISO of a series 9002.
According to article 4 of the Law, operation with scrap metal is carried out only by the specialised metallurgical processing enterprises.
2. According to decision of the Cabinet of Minister of Ukraine from 02.07.98 N 999 each export shipment of scrap metal is subject to the ecological control.
The Certificate of the ecological control which has been issued according to this Order is one of the bases for export of scrap metal.
In Law article 13 it is specified, that state regulation of operations with scrap metal is realised by: o Issuance by the Ministry of industrial policy of licences for operations with scrap metal on the basis of the inspection certificate of local state administrations;
o Issuance by local state administrations of the certificate of inspection of the specialised metallurgical processing enterprises on conformity to requirements of this Law and the control over observance of the conditions established by them and rules of realisation of operations with scrap metal.
As it has been specified above, according to article 9 of the Law of Ukraine from 05.05.99 N 619-HII "On scrap metal", export of waste of nonferrous metals outside Ukraine as toll manufacturing raw materials of is forbidden.
Scrap metal import is carried out in coordination with authority in the field of environmental protection in a place where scrap metal processing should be conducted. The order of import and transit of scrap metal by territory of Ukraine is defined by the Cabinet of Minister of Ukraine.
The subject of enterprise activity who carries out operations with scrap metal and is the subject of foreign trade activities, has no own capacities for ecologically safe processing, metallurgical processing of scrap metal, carries out its import on territory of Ukraine after the contract conclusion with the corresponding enterprise for metallurgical processing of scrap metal in territory of Ukraine.
The documents necessary for customs clearance
For customs clearance of ferrous and nonferrous scrap metals it is necessary to provide following documents to customs:
1. The cargo customs declaration;
2. Waybills, depending on a vehicle kind;
3. The invoice depending on character of the transaction;
4. The contract;
5. Card of registration of the contract - for export of scrap metal of ferrous metals;
6. The export certificate of quality - for export of ingots from nonferrous metals from secondary raw materials (scrap metal);
7. The inquiry on declaring of currency values, incomes and property which belong to the resident of Ukraine and are behind its limits, or the inquiry on absence outside of Ukraine currency values and property;
8. Packing list;
9. Payment documents on transfer of necessary proceeds;
10. Other documents necessary for customs clearance.
Observance by subjects of foreign trade activities of requirements of norms of the right concerning the form and the maintenance of intermediary contracts is the important questions at performance of the specified agreements, including at realization of the customs control and customs clearance, in particular, those articles which concern the moments of transition of the property right and conditions of payments (in particular it concerns consignment contracts). At customs clearance of the goods under commission contracts it is possible to recommend, in column 9 "the Person responsible for financial settlement" of the cargo customs declaration to specify data on the resident which has concluded the contract on a compensatory basis.
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