I. Muratov: Electronic declarations do not need any special conditions

Electronic declaration. For millions of entrepreneurs who had to withstand the abuse of officials, collecting volumes of required documentation, this concept has not recently been associated with something impossible, and the absolute clearance of paper - the immortal anachronistic Soviet system with its constant desire to bureaucratization. And any atavism dies, sooner or later.

And starting on 5 April this year, several Ukrainian companies participating in the pilot project, customs clearance of goods using electronic cargo declaration, which, under the new conditions, the declarant or the broker do not need to personally bring to the customs documents necessary for registration, and practically the whole process document is solely in electronic form. When electronic declaration of goods will be the norm for Ukrainian customs and how successfully implemented the experiment, UNN , Deputy Director of Department of customs control and clearance, head of the declaration and customs regimes Igor Muratov.

- Mr. Igor what is an electronic declaration actually?

- Electronic declaration - a comprehensive term that includes the declaration of goods and vehicles by means of electronic customs cargo declarations and other electronic documents, including permits, customs control and clearance of these goods.

- And if specifically - the principal order of the inspector with electronic CCD differs from that of a regular statement?

- Fundamentally - is no different when the tax collector works with the electronic file that is displayed on a computer monitor and then be printed. The same looks and electronic customs declaration is. The only difference is that the conventional CCD is a paper document that has an electronic copy and electronic CCD - an electronic document with an electronic digital signature.

- How long will this go? To my knowledge, attempted introduction of electronic declaration occurred repeatedly...

- First steps towards introducing electronic declaration procedures have been made the State Customs Service in 2004. But the tangible achievements have appeared only last year. At this time the Cabinet of Ministers of Ukraine from 02.03.2010 № 212 amendments to the Regulations on the cargo customs declaration, namely: it defines the notion of e-SHC. In other words, it established the regulatory framework for its use.

I would note that several years ago on the basis of contractual relations between customs and certain entities were granted last opportunity to give advance notice to customs as an electronic document. Subsequently began working with electronic advance customs declaration.

We studied the experience of foreign counterparts and improve the software for a long time.

- How much advantage of their experience?

- It is clear that each country has its own laws and peculiarities. And a direct imitation foreign experience would hardly positive, so it was necessary to provide everything you need to do in our legislation. Accordingly, the drafting work was the very first step...

But to say today all done early. Yes, there are Laws of Ukraine "On electronic documents and electronic documents," On electronic digital signature "to secure the legal status of electronic documents are acts of the Cabinet of Ministers of Ukraine, which governs the procedure of officers of public authorities with electronic documents and their electronic application digital signature. The provisions of these laws gradually find embodiment in Customs regulations. For example, the working procedure of Customs with an electronic CCD mandated changes to the procedure of customs control and customs clearance with the use of cargo customs declaration (the order of the State Customs Service of 20.04.2005 № 314).

But it is clear that today we can highlight several areas that require urgent legislative solution.

- What is it about first?

- First of all it concerns a state registration of vehicles imported into the customs territory of Ukraine. The current procedure provides that the state registration of such vehicles is based on submission of cargo customs declaration, stamped by customs officials. Clearly, the lack of a paper document makes it impossible for state registration. So design vehicles using E, SHC is technically possible, but at this time legally uncertain.

In addition, appropriate changes are made to order joint Customs and the State Tax Administration of Ukraine on the Procedure for confirmation of the details of the actual export of goods from the customs territory of Ukraine in part to allow VAT refunds by e-SHC.

So, I should note that at the highest level this has already been settled. Previously, the Law of Ukraine "On value added tax" involved the submission of original tax to SHC. Tax Code, which abolished the above-mentioned law contains a more general rule that exports must be confirmed in due course formalized cargo declaration. That is abolished binding to a paper copy of the SHC.

- On what, in fact, most complete implementation of electronic declaration depends?

- The fact that today more than two dozen authorities issuing the permits needed for customs control and clearance of goods. Such documents 65 and most of them in paper form. It is also a restraining factor for the development of electronic declaration.

- As you know, is currently implementing a pilot project of electronic declaration. How are companies involved in the project, submit documents to the customs authorities that they are issued in paper form?

- For the pilot project involved only companies that are themselves expressed a desire to take part in it. Indeed, we chose those goods for customs clearance which you want to view minimum permits. These documents are scanned and transmitted along with e-SHC to the customs authorities. Maybe that businesses involved in the project consciously, with the understanding that there may be difficulties of various kinds, from the State Customs Service established their constructive cooperation. Already in the early days we had concrete results of the first electronic CCD, decorated in the customs warehouse regime, transit and import.

- Are there any special conditions for providing the rights of Ukraine carry out customs clearance of goods through electronic declaration?

- Such conditions exist. Procedure for determining the companies, to which the goods can be used procedure of electronic declaration, provided the order of the State Customs Service of 08.08.2007 № 669. Its provisions defined number of requirements to entities whose execution is necessary in order to have an opportunity to use electronic declaration procedure.

SCS considers the possibility of access to enterprise electronic declaration as fringe benefit. Electronic declaration is another level of technology. Therefore it was decided to abandon the vast majority of restrictive criteria. The changes approved by order of the State Customs Service of 17.03.2011 № 216 "On approval of the Terms of electronic declaration, which is registered with the Ministry of Justice of Ukraine on 04.11.2011 № 468/19206 and published in the Official Gazette of Ukraine 04.26.2011, itself and Order shall into force on 27 May this year.

- And what happens after the entry into force of this order?

- After that a much wider range of enterprises will have the opportunity to be involved in the electronic declaration of goods. In fact, the only requirement left now concluding a contract with the State Customs Service officials on access to customs and banking financial company documents relating to the movement of goods and vehicles through customs border of Ukraine. So soon we expect that the number of firms willing to use electronic declaration will considerably increase.

In addition, no special, special conditions for logistics enterprises, which enable them to use procedure of electronic declaration, no. If enterprises are provided with computers, with which they fill cargo customs declarations electronically, then print out a paper copy, this e-training for SHC enough. And need regular scanning equipment and Internet access to provide forward declaration together with the documents to a mailbox Customs. In addition, the company, under the law, has purchased the digital signature from an accredited key certification center.

Here are employees of the Department of Customs information technology and statistics with a special software system are tested and received messages are then transfer them to the Customs intranet. Then the documents are sent to the appropriate customs clearance unit, which carries out customs control and customs clearance.

- And how much time the procedure can last entry in the Register of enterprises admitted to electronic declaration?

- By this time there were two phases of enterprise application review. First, the documents submitted to customs authorities, and after proper verification sent to Customs. New Order approved another order - the company will put the documents directly to Customs, and their consideration and a decision will be within 30 calendar days. Together with a reduction in the number of restrictive criteria (four remained the only one) that will significantly speed up the procedure entry to the Register. In total it has 65 businesses that are able to use electronic declaration.

- What are the immediate prospects for further implementation of electronic declaration procedures in Ukraine? What difficulties arise during the pilot project?

- Full announcement of interim results of the pilot project scheduled for early May. Now we summarize and analyze information on problematic issues. Most of them are solved in an expeditious manner. But some problems may resolve only in cooperation with other state agencies. 

Source:  UNN

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