1 Nov 2023 15:54

Ukraine changes rules for agricultural exports

MOSCOW. Nov 1 (Interfax) - The Ukrainian government's resolution on implementation of the experimental project on verification of entities of the agro-industrial sector under martial law dated October 31, 2023 has been published on the government website and has taken effect.

Under the resolution, the participants of the experimental project are entities of the agro-industrial sector that export wheat and meslin, rye, barley, oats, corn, soybeans, rapeseed, sunflower, soybean oil, sunflower oil, rapeseed oil and cake, and are registered in the State Agrarian Register (SAR), Ukrainian media reported.

The document also approved the procedure for implementing an experimental project to verify the entities of the agro-industrial sector under martial law. The Ministry of Agrarian Policy and Food, the State Customs Service and the State Tax Service (STS) are instructed to provide daily electronic information interaction, in particular, between the databases of the SAR and the STS within three workdays from the date of taking effect of the decree.

The list of verified entities of the agro-industrial sector will include agricultural entities registered in the SAR, which will be granted the status of a user of the Register and meet a number of criteria, in particular, were value added tax payers as of February 23, 2022 and as of the date of making an electronic request to the SAR.

Additionally, an exporting company must not have tax debts under the payment of a penalty for breaching the terms of settlements in the field of foreign economic activity, for failure to fulfill obligations and penalties for violating the requirements of the currency legislation. There should be no acts of the tax authority for the inability to establish the taxpayer's whereabouts as a result of the impossibility to carry out an audit of compliance with the currency legislation.

A company that has carried out from February 23, 2022 to October 27, 2023 (inclusive) a transaction for the export of product(s) shall be designated as a verified exporter, for which the bank has completed currency supervision within the limits established by the National Bank of Ukraine for settlements for the transaction on export of commodity (commodities) after depositing to the current account of the agricultural entity in the bank the funds received before October 27, 2023 (inclusive) from a non-resident from abroad for commodities or from a bank (resident or non-resident) under a documentary letter of credit.

A decision to include a company in the list of verified entities of the agro-industrial sector, the refusal to include it in the list or a decision to drop it from the list based on applications from an entity of the agro-industrial sector shall be made by the Ministry of Agrarian Policy within two workdays from the date of submitting applications to the SAR.

The basis for the decision to refuse inclusion in the list of verified agricultural entities is non-compliance with the specified criteria.