Law of Ukraine

"On Amendments to the Customs Code of Ukraine and Certain Laws of Ukraine Relating to Import of Individual Protective Gear and Medical Products"

Date of entry into force:
July 23, 2014

The Law supplements Section XXI "Final and Transitional Provisions" of the Customs Code of Ukraine with a new paragraph 4-1, according to which the following goods are exempt from the import duty for the period of the anti-terrorist operation and/or martial law declared according to the legislation:
  • specialized personal protective gear (helmets manufactured according to military standards or technical conditions, or their equivalents and specialized components for them (helmet liners, shock absorbers) classified as product subcategory 6506 10 80 00 according to the Ukrainian Classification of Commodities for Foreign Economic Activity (UCC FEA); bulletproof vests classified as product subcategory 6211 43 90 00 according to the UCC FEA), manufactured according to military standards or military conditions, for the needs of law enforcement bodies, the Armed Forces of Ukraine, and other military formations created according to the laws of Ukraine, and other entities fighting terrorism according to law; thread for production of bulletproof vests classified as product subcategories 5402 11 00 00 and 5407 10 00 00 according to the UCC FEA; fabrics (materials) for production of bulletproof vests classified as product subcategories 3920 10 89 90, 3921 90 60 00, 5603 14 10 00, and 6914 90 00 00 according to the UCC FEA. Foreign economic activity non-tariff regulatory measures established by this Code and by Laws of Ukraine are not applied to such goods;
  • drugs and medical products according to Article 193, paragraph 193.1, sub-paragraph "c" of the Tax Code of Ukraine, intended for use by health care institutions and participants of the anti-terrorist operation to provide medical aid to natural persons who sustained injury, contusion or another damage to health during the period of the anti-terrorist operation and/or martial law declared according to the legislation, in the amounts determined by the Cabinet of Ministers of Ukraine. Among the non-tariff regulatory measures for foreign economic activity, as established by the Customs Code of Ukraine and by Laws of Ukraine, the measure applied to such products is the simplified procedure for issuing single-time permits for importing drugs and medical products, approved by the Cabinet of Ministers of Ukraine. The import volumes of the above products are determined by the Cabinet of Ministers of Ukraine;
  • drugs and medical products without state registration and permit documents required for their import to the customs territory of Ukraine, intended for use by health care institutions and participants of the anti-terrorist operation to provide medical aid to natural persons who sustained injury, contusion or another damage to health during the period of the anti-terrorist operation and/or martial law declared according to the legislation, according to the list and in the amounts determined by the Cabinet of Ministers of Ukraine.

The Law of Ukraine "On State Control over International Transfer of Military and Dual Use Products" regulates activity related to state control over international transfer of military and dual use products, in order to ensure protection of national interests of Ukraine, adhere to international obligations on nonproliferation of mass destruction weapons or means of its delivery, restrict transfer of usual types of armaments, and carry out measures to prevent the use of the above products for terrorist or other illegal purposes.

According to Article 2 of the Law of Ukraine "On State Control over International Transfer of Military and Dual Use Products", the Law applies to activities related to international transfer of products, including provision of intermediary (brokerage) services, production, research, technical and other cooperation, presentation of products as exhibits in international exhibitions and fairs for promotional purposes, testing, trade, and exchange operations involving such products. The Law of Ukraine "On State Control over International Transfer of Military and Dual Use Products" does not apply to:
  • movement of products in connection with measures carried out by military formations, law enforcement bodies, civil protection bodies and divisions of Ukraine outside of its territory, or divisions of armed forces of other states on the territory of Ukraine, according to international agreements of Ukraine, if such agreements provide for special mechanisms for controlling the movement of such products;
  • international transfers of gas spray, sports or hunting weapons, weapons using rubber or similar non-lethal projectiles, other weapons regulated by the permit system for the circulation of such weapons, and components, cartridges and ammo for such weapons;
  • international transfers of specialized equipment used to maintain public order, according to the list approved by the Cabinet of Ministers of Ukraine;
  • export and import, according to international agreements, of service and standard issue weapons in the course of performance of official duties by junior and senior corps of internal affairs bodies, military servicemen, and other persons who have the right to carry such weapons according to the legislation of Ukraine.

The Law supplements Article 2, part 2 of the Law of Ukraine "On State Control over International Transfer of Military and Dual Use Products" with a new provision, according to which the Law of Ukraine "On State Control over International Transfer of Military and Dual Use Products", for the period of the anti-terrorist operation and/or martial law declared according to the legislation, does not apply to specialized personal protective gear (helmets manufactured according to military standards or technical conditions, or their equivalents and specialized components for them (helmet liners, shock absorbers) classified as product subcategory 6506 10 80 00 according to the UCC FEA; bulletproof vests classified as product subcategory 6211 43 90 00 according to the UCC FEA) manufactured according to military standards or military conditions, for the needs of law enforcement bodies, the Armed Forces of Ukraine, and other military formations created according to the laws of Ukraine, and other entities fighting terrorism according to law.
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