Radio-electronic equipment and radiating-emitting devices of special purpose
- 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.
Imports of radio-electronic equipment and radiating-emitting devices of special purpose is сarried out under a permission. Such a permission is issued by the General Staff of the Armed Forces of Ukraine, if the type of radio-electronic equipment and radiating-emitting devices of special purpose is included in the register of radio-electronic equipment and radiating-emitting devices that can be used on the territory of Ukraine in special use radio frequency bands.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Radio-electronic equipment and radiating-emitting devices of special purpose listed in Annex 2 to the Resolution of the Cabinet of Ministers of Ukraine No. 1087 of 27 September 2022 "On the approval of the Procedures for issuing permission for import of radio-electronic means and radiating-emitting devices of special purpose from abroad and import from abroad, acquisition, installation and operation of radio-electronic means and radiating-emitting devices of special purpose" are subject to the permission for imports, issued by the General Staff of the Armed Forces of Ukraine.
Q3. The system applies to goods originating in and coming from which countries?
The system applies to goods imported from all countries, except if such goods originate from a country recognized by law as an occupying state and/or an aggressor state against Ukraine or imported from the territory of the occupying state (aggressor) and/or from the occupied territory of Ukraine, defined as such in accordance with the law.
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 permission is not intended to restrict the quantity or value of imports of goods. The purpose is an efficient and rational use of radio frequency resource of Ukraine to ensure state security.
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 Electronic Communications" No.1089 of 16 December 2020;
- Resolution of the Cabinet of Ministers of Ukraine No. 1087 of 27 September 2022 "On the approval of the Procedures for issuing permission for import of radio-electronic means and radiating-emitting devices of special purpose from abroad and import from abroad, acquisition, installation and operation of radio-electronic means and radiating-emitting devices of special purpose".
The 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 ten working days from the date of receipt of the application.
Q7.b. Can a licence be granted immediately on request?
A permission is not issued immediately.
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.
There are no restrictions regarding a period of the year during which it is allowed to file an application for the permission and/or imports.
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 General Staff of the Armed Forces of Ukraine considers the application for a permission.
The General Staff of the Armed Forces of Ukraine issues the permission in the form set out in Annex 1 and in accordance with the list given in Annex 2 to the Resolution of the Cabinet of Ministers of Ukraine No. 1087 of 27 September 2022 "On the approval of the Procedures for issuing permission for import of radio-electronic means and radiating-emitting devices of special purpose from abroad and import from abroad, acquisition, installation and operation of radio-electronic means and radiating-emitting devices of special purpose".
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?
The grounds for refusal to issue a permission are set out in the Law of Ukraine No. 2806 of 06 September 2005 "On the Permit System in the Sphere of Economic Activity" and include:
- submission of an incomplete package of documents required to obtain a permission;
- identification of inaccurate information in the documents submitted;
- negative conclusion on the results of examinations and surveys or other scientific and technical assessments required for the issuance of a permission.
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?
Special users of radio frequency resource of Ukraine (radio frequency authority) which plans or for which it is planned to import radio electronic means and radiating devices of special purpose into Ukraine are applied 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 form of the application for a permission is set out in Annex 3 to the Resolution of the Cabinet of Ministers of Ukraine No. 1087 of 27 September 2022 "On the approval of the Procedures for issuing permission for import of radio-electronic means and radiating-emitting devices of special purpose from abroad and import from abroad, acquisition, installation and operation of radio-electronic means and radiating-emitting devices of special purpose", available at
https://zakon.rada.gov.ua/laws/show/1087-2022-%D0%BF#Text.
The application shall be submitted in paper or electronic form using a qualified electronic signature.
The application shall be submitted with the following documents:
- a copy of the business entity's state registration certificate;
- technical characteristics of the equipment (radio technology, operating frequency range, transmitter power, radiation class, etc.;)
- a copy of the equipment conformity document.
If necessary, the application may be attached with information and reference materials (copies of contracts, invoices), which contain the name of the equipment, commodity code under UKT ZED, quantity, purpose and term of imports, the name of the manufacturer, the name of the country of production and the country from which the equipment is imported).
Q11. What documents are required upon actual importation?
At the time of actual importation the original of the permission to import of radio-electronic equipment and radiating-emitting devices of special purpose is required along with other necessary customs documents. The requisites of the permission for imports of radio-electronic equipment and radiating-emitting devices of special purpose shall also be indicated in the preliminary customs declaration.
Along with this the importer need to present the document on conformity issued by the General Staff of the Armed Forces on whether the radio-electronic equipment and radiating-emitting devices of special purpose belong to those that are allowed for use on the territory of Ukraine.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
No fee is charged for issuing the permission.
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 requirement associated with the issue of permission.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The permission is valid for specified period of time.
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 or a portion of a permission.
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?
No.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.