Plant and animal species that are subject to the regulation by CITES
- Document symbol
- G/LIC/N/3/UKR/16
- Original language
- English
- Published on
- 04/09/2023
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
Import of species of wild fauna and flora that are subject to the regulation by the Convention on International Trade of Endangered Species of Wild Fauna and Flora (CITES) requires a permission. The Ministry for Protection of Environment and Natural Resources is responsible for permission issuance on importation of wild live animals and certain wild growing plants. Permissions on imports of sturgeon species and products thereof only are issued by the State Agency of Melioration and Fisheries of Ukraine.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Import permissions are issued for wild fauna and flora species listed in Appendix I to the CITES. Import permissions are issued separately for each sample or batch of samples.
Q3. The system applies to goods originating in and coming from which countries?
The system applies to goods imported from all countries.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The system is based on the requirements of the international treaty and Ukraine's obligations under CITES. The purpose of the permission system is to control importation of species, listed in Appendix I to the CITES under internationally agreed circumstances. The permissions are not intended to restrict the quantity or value of importation of goods.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The legislation under which the permission is maintained includes:
- Law of Ukraine "On Flora" No. 591 of 9 April 1999;
- Law of Ukraine "On Fauna" No. 2894 of 13 December 2001;
- Resolution of the Cabinet of Ministers of Ukraine No. 953 of 25 July 2007 "On Approval of the Procedure for issuing permissions for import and export of samples of wild fauna and flora, certificates for mobile exhibitions, re-export and introduction of these samples from the sea, which are subject to the regulation of the Convention on International Trade of Endangered Species of Wild Fauna and Flora, with respect to sturgeon species and products thereof"; and
- Order of the Ministry of Ecology and Natural Resources No. 107 of 29 February 2012 "On approval of forms of permission for import and export of samples of wild fauna and flora, certificate for mobile exhibitions, re-export and introduction from the sea of these samples, which are subject to regulation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and a sample application for their receipt".
This system cannot be abolished without legislative approval.
Procedures
Q6. 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):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? 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?
Q6.II. How is the size of the quotas determined: on a 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 fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted 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 the 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.)
Q6.IV. 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?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. 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?
Q6.VIII. 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?
Q6.IX. 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?
Q6.X. In cases where imports are allowed 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?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
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. If it is necessary to obtain the conclusion of the scientific authority on the existence of a potential threat to the survival of the species as a result of international trade of its samples, the term of consideration of the submitted documents is extended for 30 days.
Q7.b. Can a licence be granted immediately on request?
No. In order to reduce the possible negative impact on living samples, the Ministry for Protection of Environment and Natural Resources takes measures to reduce the time of consideration of documents submitted by the applicant for permission.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
No. Applications can be submitted at any period of the year.
Q7.d. 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 consideration of the applications for permissions on imports of wild fauna and flora species is effected by the Ministry of Environmental Protection and Natural Resources. The applications for permissions on imports of sturgeon species and products thereof only are considered by the State Agency of Melioration and Fisheries.
If there is a potential threat to survival as a result of international trade of its samples, a permission is issued if there is a positive conclusion of the relevant scientific authority of Ukraine on the issues of the Convention implementation. The conclusion is prepared after receiving the request from the Ministry of Environmental Protection and Natural Resources or the applicant.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
A permission may not be granted if the applicant fails to meet ordinary criteria. If an application for the permission remains without consideration, the applicant shall be informed on the reasons for that in writing within a week from the date of registration of the application. A decision to refuse to issue a permission may be appealed to the district administrative court in accordance with the provisions of the Code of Administrative Proceedings of Ukraine.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
Legal entity or individual entrepreneur is eligible to apply for a permission.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
The requirements for application are contained in the Resolution of the Cabinet of Ministers of Ukraine No. 953 of 25 July 2007 "On Approval of the Procedure for issuing permissions for import and export of samples of wild fauna and flora, certificates for mobile exhibitions, re-export and introduction of these samples from the sea, which are subject to the regulation of the Convention on International Trade of Endangered Species of Wild Fauna and Flora, with respect to sturgeon species and products thereof”, available at https://zakon.rada.gov.ua/laws/show/953-2007-%D0%BF#Text.
Sample form of the application is specified by the Order of the Ministry of Ecology and Natural Resources No. 107 of 29 February 2012 "On approval of forms of permission for import and export of samples of wild fauna and flora, certificate for mobile exhibitions, re-export and introduction from the sea of these samples, which are subject to regulation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and a sample application for their receipt", available at https://zakon.rada.gov.ua/laws/show/z0990-12#Text.
What documents is the importer required to supply with the application?
Documents confirming the origin of the sample and the legality of acquisition to the right of ownership or possession and use of the sample shall also be attached to the application. Depending on the method of acquisition of ownership or possession and use of the sample, the following documents shall be submitted:
- extract from the state book of breeding animals or the register of artificial breeding of animals, cultivation of plants indicating the date and place of breeding or rearing, breeding numbers and proper nicknames of animals (if any), and if the sample belongs to the species included to Appendix I to the CITES, - data on its paternal individuals up to the second generation;
- duly certified copies of civil law contracts, other transactions under which the sample was acquired in the ownership or possession and use.
Q11. What documents are required upon actual importation?
At the time of actual importation the permission on import of species of wild fauna and flora from the Ministry for Protection of Environment and Natural Resources and the permission on import of sturgeon species and products thereof from the State Agency of Melioration and Fisheries is required along with other necessary customs documents.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
The issue of permission is free of charge.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
No deposit or advance payment is required to obtain a permission.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The validity period of import permission is 12 months. For sturgeon species and products thereof the period of validity of the import permission is up to the end of the year in which it was issued.
Q15. 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. Unused permission shall be returned by the applicant to the administrative body that issued it, not later than 30 days from the date of expiration of its validity with an explanation of the reasons for non-use. If necessary, instead of the returned unused permission, the applicant shall be issued a new permission based on the relevant application.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Permissions are not transferable between importers.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
There are no other conditions accompanying issuance of permission.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures required prior to importation.