- SECTION I
- GENERAL PROVISIONS
- Article 1. Definitions
- Article 2. Principles of Foreign Economic Activities
- Article 3. Bodies of Foreign Economic Activities
- Article 4. Types of Foreign Economic Activities
- Article 5. Right to Perform Foreign Economic Activities
- Article 6. Agreements (Contracts) of Foreign Business Entities and Law Applied Thereto
- SECTION II
- REGULATION OF FOREIGN ECONOMIC ACTIVITIES
- Article 7. Basis of Regulation of Foreign Economic Activities
- Article 8. State Regulation of Foreign Economic Activities
- Article 9. Bodies of State Regulation of Foreign Economic Activities
- Article 10. Bodies of Local Management of Foreign Economic Activities
- Article 11. Taxation Principles in Foreign Economic Activities
- Article 12. Mandatory Distribution of Foreign Currency Proceeds from Foreign Economic Activities
- Article 13. Principles of Customs Regulation in Foreign Economic Activities
- Article 14. Making Settlements with Bodies of Foreign Economic Activities and Their Crediting
- Article 15. Insurance of Foreign Economic Transactions
- Article 16. Licensing of Foreign Economic Transactions
- Article 17. Prohibition of Individual Types of Export and Import
- Article 18. Procedure for Introduction and Use of Technical, Pharmaceutical, Sanitary, Phytosanitary, Veterinarian and Ecological Measures, Standards and Requirements
- Article 19. Special Import Procedures
- Article 20. Measures to Protect Economic Competition in Foreign Economic Activity
- Article 21. Government Order
- Article 22. Accounting of Foreign Economic Transactions, Reporting and Audit of Bodies of Foreign Economic Activities
- Article 23. Informational Provision of Foreign Economic Activities
- SECTION III
- SPECIAL LEGAL REGIMES FOR FOREIGN ECONOMIC ACTIVITIES
- SECTION IV
- ECONOMIC RELATIONS OF UKRAINE WITH OTHER COUNTRIES AND INTERNATIONAL INTERGOVERNMENTAL ORGANISATIONS
- SECTION V
- PROTECTION OF RIGHTS AND LEGAL INTERESTS OF STATE AND OTHER BODIES OF FOREIGN ECONOMIC ACTIVITIES OF UKRAINE
- Article 28. Protection of Rights and Legal Interests of Bodies of Foreign Economic Activities of Ukraine Abroad
- Article 29. Measures of Ukraine in Response to Discrimination and/or Unfriendly Actions of Other Countries, Customs Unions or Economic Groups
- Article 30. Limit of Re-Export
- Article 31. Measures against Unfair Competition and Growing Import in the Foreign Trade Sphere
- SECTION VI
- LIABILITY IN FOREIGN ECONOMIC ACTIVITIES
- Article 32. General Grounds for Liability of Bodies of foreign economic activities.
- Article 33. Types and Forms of Liability in Foreign Economic Activities
- Article 34. Liability of Ukraine as a State
- Article 35. Liability of Bodies of Foreign Economic Activities
- Article 36. Procedure for Implementation of Liability
- Article 37. Special Sanctions for Violations of This Law and Other Relating Laws of Ukraine
- SECTION VII
- PROCEDURE FOR SETTLING DISPUTES IN FOREIGN ECONOMIC ACTIVITIES
THE LAW OF UKRAINE
ON TRANS-BORDER ECONOMIC ACTIVITIES
(The Official Journal of the Verkhovna Rada, 1991, No. 29, p. 377)
(Enforced by Resolution of VR No. 960-XII (960-12) of 16 April 1991, OJVR, 1991, No. 29, p.378)
As amended by the Laws of Ukraine
No. 2139-XII ( 2139-12 ) of 19 February 1992, OJVR, 1992, No. 20, p.276
Resolutions of the Verkhovna Rada of Ukraine No. 2330-XII (2330-12) of 12 May 1992, OJVR, 1992, No. 31, p.442 No. 2489-XII (2489-12) of 23 June 1992, OJVR,1992, No. 36, p.534
Decrees No. 6-92 of 9 December 1992,
(repealed by the Law No. 3898-XII (3898-12)
of 1 February 1994, OJVR,1994, No. 20, p.120 No. 4-93 of 11 January 1993, OJVR,1993, No. 12, p.107 No. 6-93 of 12 January 1993, OJVR,1993, No. 12, p.109 No. 15-93 of 19 February 1993, OJVR,1993, No. 17, p.184 No. 25-93 of 17 March 1993, OJVR,1993, No. 19, p.209)
Laws
No. 3898-XII (3898-12) of 1 February 1994, OJVR, 1994, N 20, p.120 No. 68/95-VR of 15 February 1995, OJVR,1995, No. 11, p. 66 No. 75/95-VR of 28 February 1995, OJVR,1995, No. 13, p. 85 No. 82/95-VR of 2 March 1995, OJVR,1995, No. 14, p. 90 No. 90/95-VR of 14 March 1995, OJVR,1995, No. 14, p. 93
(For official interpretations on the Law, see Decision of the Constitutional Court No. 16-рп/98 (v016p710-98) of 26 November 1998)
(as amended by the Laws of Ukraine No. 335-XIV (335-14) of 22 December 1998, OJVR,1999, No. 7, p.49 No. 1182-XIV (1182-14) of 21 October 1999, OJVR,1999, No. 51, p.447 No. 1595-III (1595-14) of 23 March 2000, OJVR,2000, No. 24, p.186 No. 1807-III (1807-14) of 08 June 2000, OJVR,2000, No. 38, p.318 No. 2953-III (2953-14) of 17 January 2002, OJVR,2002, No. 17, p.121 No. 3047-ІІІ (3047-14) of 7 February 2002, OJVR,2002, No. 29, p.194
No. 362-IV (362-15 )of 25 December 2002, OJVR,2003, No. 7, p. 62
No. 762-IV (762-15) of 15 May 2003, OJVR,2003, No. 30, p.247
No. 869-IV (869-15) of 22 May 2003, OJVR,2003, No. 37, p.300
No. 1294-IV (1294-15) of 20 November 2003, OJVR,2004, No. 13, p.181
No. 1315-IV (1315-15) of 20 November 2003, OJVR, 2004, No. 14, p.197
No. 2157-IV ( 2157-15 ) of 4 November 2004, OJVR, 2005, No. 3, p.78
No. 2709-IV ( 2709-15 ) of 23 June 2005, OJVR, 2005, No. 32, p.422
No. 3078-IV ( 3078-15 ) of 15 November 2005, OJVR, 2006, No. 5-6, p.74
No. 3268-IV ( 3268-15 ) of 22 December 2005, OJVR, 2006, No. 15, p.129
No. 139-V ( 139-16 ) of 14 September 2006, OJVR, 2006, No. 43, p.419)
(In the title and the text of this Law, words “Ukrainian Soviet Socialist Republic”, “Ukrainian SSR,” “Government”, “Council of Ministers of the Ukrainian SSR”, “Ministry of Foreign Economic Relations of the Ukrainian SSR”, “State Department for Customs Control of the Ukrainian SSR”, and “court or arbitration” are replaced by words “Ukraine”, “the Cabinet of Ministers of Ukraine”, “Ministry of Foreign Economic Relations and Trade of Ukraine”, “Customs Service of Ukraine” and “court” respectively, according to the Law of Ukraine No. 335-XIV of 22 December 1998.)
(In the text of this Law, words “Ministry of Foreign Economic Relations and Trade” in all cases shall be replaced by words “Ministry of Economy”
in all grammar cases, according to the Law of Ukraine No. 1595-III of 23 March 2000)
(In the text of this Law, words “Ministry of economy of Ukraine” in all grammar cases shall be replaced by words “central executive body on economic policy” in corresponding cases, according to the Law of Ukraine No. 860-IV of 22 May 2003)
The Verkhovna Rada of Ukraine,
having regard to the provisions of the Constitution (the Fundamental Law) of Ukraine ( 888-09 , 254к/96- VR), the Declaration of the State Sovereignty of Ukraine (55-12), the Law of Ukrain "On Economic Independence of Ukrainian SSR" (142-12) and general international rules and norms,
considering that, one of the grounds for achieving the state sovereignty of Ukraine is its independence in pursuing and regulating trans-border economic relations,
having regard to obligations conferred on Ukraine under international agreements to which Ukraine is a party and other treaties,
(indent four of Preamble as amended by the
Law No. 2157-IV (2157-15) of 4 November 2004
having strong desire for comprehensive development of economic relations with foreign countries on the mutually profitable basis,
having as an objective to establish legal framework for all kinds of trans-border economic activities in Ukraine, including foreign trade, economic, scientific and technical co-operation, specialization and co-operation in production, science and technology, economic ties in the sphere of construction, transport, shipping, insurance, clearing transaction, credit and other banking operations, provision of different services,
has adopted this Law on the following:
The definitions used in this Law shall mean:
Audit – verification of public accounting reports, book-keeping, initial documents and other information on financial and business activities of business entities with a view of establishing the authenticity of the accounting reports, book-keeping, its completeness and conformity to the legislation and norms currently in force;
(Paragraph 2 of Article 1 is amended according to the Law No. 90/95-VR of 14 March 1995)
Currency funds shall mean values in currency:
- foreign currency in cash,
- payment documents (checks, bills, bills of exchange, deposit certificates, letters of credit and others) in foreign currency;
- securities (shares, bonds, coupons for them, stock obligations, bills, etc.) in foreign currency,
- gold and other precious metals in bars, plates, coins, as well as certificates, bonds, warrants and other securities with their face-value denominated in gold, precious stones;
Economic activity shall mean any type of activity, including business undertakings related to production and exchange of material and non-material benefits in the form of goods;
Dumping shall mean import of goods at prices lower than the comparable prices of similar goods in the country of export, thus causing damages to domestic manufacturers of such goods;
(Paragraph 9 of Article 1 in the wording of Law No. 335-XIV of 22 December 1998)
Export (export of goods) shall mean sales of goods by Ukrainian business entities to foreign business entities of foreign trade (including with payments made in cashless form) with or without transferring these goods across the customs border of Ukraine, including re-export of goods. In this context, re-export (re-export of goods) means sales to foreign business entities and export of previously imported goods;
(Paragraph 10 of Article 1 in the wording of Law No. 335-XIV of 22 December 1998)
Export (import) of capital shall mean taking capital out of Ukraine (or bringing it to Ukraine) in any form (currency, products, services, works, intellectual property rights and other non-property rights) for the purpose of receiving incomes from production and other forms of economic activities;
Foreign economic activities shall mean activities of business entities of Ukraine and foreign business entities, based on mutual relations between them, which takes place both on the territory of Ukraine and abroad;
Foreign economic agreement (contract) shall mean a materially drawn up agreement between two or more bodies of foreign economic activities and their foreign counterparts, aimed at establishment, change or termination of their mutual rights and duties in foreign economic activities;
Import (import of goods) shall mean acquisition (including purchase with payments in cashless form) of goods by Ukrainian bodies of foreign economic activities from foreign business entities, with or without import of these goods, including such purchases made for owned (personal) consumption by institutions and organizations of Ukraine located beyond its borders;
(Paragraph 14 of Article 1 in the wording of Law No. 335-XIV of 22 December 1998)
Foreign currency:
- currency in cash, monetary symbols (bank-notes, state treasury notes, coins) in circulation that are legal as payment means on the territory of a respective foreign country, and also monetary symbols withdrawn or being withdrawn from circulation but also being subject to exchange for currently valid monetary symbols;
- payment documents in monetary symbols of foreign countries and international payment units;
- funds (resources) in monetary symbols of foreign countries, international payment units and Ukrainian national currency with free conversion, which are allocated on accounts and deposits in banking and credit institutions on the territory of Ukraine and abroad;
Foreign investments shall mean all types of property and intellectual values, invested by foreign business entities in Ukraine, resulting in incomes (profits) or causing some social effect;
Foreign business entities shall mean business entities permanently located or residing outside Ukraine;
(Paragraph 20 of Article 1 is amended according to
Law No. 2157-IV (2157-15) of 4 November 2004)
Global quotas (contingents) shall mean quotas established for goods without specification of countries (groups of countries), whereto goods are exported or from which goods are imported;
Group quotas (contingents) shall mean quotas established for goods with specification of countries, whereto goods are exported or from which goods are imported;
Export (import) quota shall mean limited volume for certain category of goods permitted for export from Ukraine (import to Ukraine) within the established period of time and which is designated in natural or cost units;
Individual quotas (contingents) shall mean quotas for good (goods) with specification of a definite country, whereto goods may be exported or from which goods may be imported;
Antidumping quotas shall mean a limited volume of imports with regard to certain goods being subject to antidumping investigation and/or antidumping measures, allowed to be imported to Ukraine within a certain period of time, designated in natural and/or cost units of measurement;
(Article 1 is supplemented with paragraph 25 according to Law No. 335-XIV (335-14) of 22 December 1998)
SECTION I
GENERAL PROVISIONS
Article 1. Definitions