Guidelines on the organization of the import of vehicles, military goods, and dual-use items in conditions of martial law

1. These Guidelines are prepared for a unified approach to the unimpeded passage across the customs border of Ukraine by authorized persons of the State Customs Service of Ukraine for vehicles, military goods, and dual-use items crossing the customs border of Ukraine in martial law conditions.

2. In these Guidelines, the terms are used in the meanings provided in the Law of Ukraine "On Humanitarian Aid," the resolution of the Cabinet of Ministers of Ukraine dated September 5, 2023, No. 953 "Certain Issues of Passage and Accounting of Humanitarian Aid in Conditions of Martial Law," and the resolution of the Cabinet of Ministers of Ukraine dated October 9, 2022, No. 1378 "On the List of Goods, for International Transfers (Imports) of which the Law of Ukraine" On State Control over International Transfers of Goods of Military Purpose and Dual Use "does not apply."

3. According to the resolution of the Cabinet of Ministers of Ukraine dated September 05, 2023, No. 953 "Certain Issues of Passage and Accounting of Humanitarian Aid in Conditions of Martial Law," a transitional period (hereinafter - the transitional period) for the passage through the customs border of Ukraine of humanitarian aid (including vehicles) carried out in accordance with the Procedure for the passage and accounting of humanitarian aid in conditions of martial law approved by the said resolution (hereinafter - Procedure No. 953) is applied from December 1, 2023, to April 1, 2024, during which the passage through the customs border of Ukraine of humanitarian aid may also be carried out at the place of crossing of the customs border of Ukraine by submitting a paper declaration of goods recognized as humanitarian aid, filled in by the person transporting the respective goods, in the form according to Appendix 1 to Procedure No. 953, without specifying the unique code of humanitarian aid provided by the automated humanitarian aid registration system. Goods, the passage of which is carried out without using the automated humanitarian aid registration system, are recognised as humanitarian aid on a declarative basis without the decision of the relevant authorised state bodies on humanitarian aid.

4. The recipient of humanitarian aid imported without using the automated humanitarian aid registration system until March 31, 2024, uploads to the specified system a copy of the paper report on the distribution and use of humanitarian aid in the form according to Appendix 3 to Procedure No. 953, signed by the director or person responsible for accounting, or a copy of the report in electronic form with the imposition of a qualified electronic signature of the head or person responsible for accounting.

5. The passage during the transitional period for the import of :

• Emergency medical service vehicles, special-purpose passenger cars for use by the Ministry of Internal Affairs of Ukraine, National Police entities,

• Vehicles (of any type) for use by the Armed Forces of Ukraine, National Guard of Ukraine, other military formations established by the laws of Ukraine, Security Service of Ukraine, Ministry of Internal Affairs of Ukraine, State Border Guard Service of Ukraine, State Emergency Service of Ukraine, State Special Transport Service, State Special Communications and Information Protection Service of Ukraine, both by the respective central authorities and their territorial, regional, specialized units, military units, etc.,

• Vehicles designed for the transportation of more than eight persons and equipped for the transportation of persons with disabilities – for transfer to social protection institutions, state healthcare institutions, educational institutions, public organizations of persons with disabilities, war and labour veterans, the Red Cross of Ukraine; special and specialized vehicles – for enterprises, institutions, and organizations funded by their budgets, authorized state institutions and local self-government bodies to meet the socio-economic needs of territorial communities, (the second part of Article 6 of the Law of Ukraine "On Humanitarian Aid")

may be carried out either by submitting a paper declaration to the customs authority without a unique code of humanitarian aid or by using the automated humanitarian aid registration system.

In this regard, the passage through the customs border and customs clearance of humanitarian aid in the form of vehicles for individuals defined according to the second part of Article 6 of the Law of Ukraine "On Humanitarian Aid"(see above) is carried out without written confirmation from such individuals. However, the targeted use of such vehicles is confirmed by a report on the availability and distribution of humanitarian aid submitted by Procedure No. 953.

6. In the case where the recipient of humanitarian aid in the form of vehicles is a person other than the one specified in the second part of Article 6 of the Law of Ukraine "On Humanitarian Aid"(see above), the declaration in columns 1-3, according to the form in Appendix 1 to Procedure No. 953 (hereinafter - the declaration), shall include information about the recipient, with a note in column 1 of the declaration after the full name of the recipient of such aid indicating "for transfer" where the person specified in the second part of Article 6 of the Law of Ukraine "On Humanitarian Aid" is indicated.

For instance:

*де “Благодійний фонд “Х” - повне найменування отримувача/where "X Charitable Fund" is the full name of the recipient

6. In the case when a paper declaration is submitted to the customs authority without a unique code of humanitarian aid, and the recipient of humanitarian aid (including in the form of vehicles) is the person specified in the second or third paragraphs of the second part of Article 6 of the Law of Ukraine "On Humanitarian Aid": the Ministry of Internal Affairs of Ukraine, National Police entities, Armed Forces of Ukraine, National Guard of Ukraine, other military formations established by the laws of Ukraine, Security Service of Ukraine, Ministry of Internal Affairs of Ukraine, State Border Guard Service of Ukraine, State Emergency Service of Ukraine, State Special Transport Service, State Special Communications and Information Protection Service of Ukraine, including their respective central bodies, their territorial, regional, specialized units, military units, etc.:

• In column 1 of the declaration, the military unit number or the full name of another recipient of humanitarian aid is indicated,

• In column 2 of the declaration, the recipient's code according to the Unified State Register of Enterprises and Organizations of Ukraine (USREO) is indicated if it is known,

• In column 3 of the declaration, the recipient's number in the Unified Register of Humanitarian Aid Recipients is not indicated if it is unknown,

• In column 4 of the declaration, no information is provided.

For instance:

**де ХХХХ -номер військової частини/where XXXXX is the number of the military unit.

7. Import of humanitarian aid items falling under dual-use goods is carried out by the Procedure for State Control over International Transfers of Dual-Use Goods, approved by the Cabinet of Ministers of Ukraine on January 28, 2004, No. 86, except for goods listed in the annexe to the resolution of the Cabinet of Ministers of Ukraine dated October 9, 2022, No. 1378, "On the List of Goods, the International Transfers (Import) of which are not subject to the Law of Ukraine 'On State Control over International Transfers of Goods of Military Purpose and Dual Use' during the period of martial law on the territory of Ukraine."

The import of humanitarian aid items falling under goods of military purpose is carried out by the Procedure for State Control over International Transfers of Goods of Military Purpose, approved by the Cabinet of Ministers of Ukraine on November 20, 2003, No. 1807, except for goods listed in the annexe to the resolution of the Cabinet of Ministers of Ukraine dated December 9, 2022, No. 1378, "On the List of Goods, the International Transfers (Import) of which are not subject to the Law of Ukraine 'On State Control over International Transfers of Goods of Military Purpose and Dual Use' during the period of martial law on the territory of Ukraine."