The algorithm for importing humanitarian aid in accordance with the resolution of the Cabinet of Ministers of Ukraine dated 05.09.2023 № 953 "Some issues of passing and accounting for humanitarian aid in martial law"

https://zakon.rada.gov.ua/laws/show/953-2023-%D0%BF#Text 

https://zakon.rada.gov.ua/laws/show/1192-14#Text 

Please note that from December 1, 2023, the Government of Ukraine has introduced an automated system for accounting for humanitarian aid, which provides for automatic registration of recipients of humanitarian aid in the Unified Register of Humanitarian Aid Recipients, their entry of data on humanitarian aid coming to Ukraine, and submission within three months of a report on its availability and distribution. Only recipients of humanitarian aid can work in the automated system of humanitarian aid accounting (legal entities registered in Ukraine, separate units of foreign non-governmental organizations accredited in Ukraine; representative offices of international intergovernmental organizations in Ukraine (without the creation of a legal entity), diplomatic missions, consular institutions of foreign states in Ukraine); military formations that have passed automatic accounting in the Unified Register of Humanitarian Aid Recipients and meet the requirements of Article 1 of the Law of Ukraine "On Humanitarian Aid" (hereinafter referred to as the Law).

From 01.12.2023 to 01.04.2024, it remains possible to import humanitarian aid on a paper declaration. It can be submitted directly at the checkpoint across the customs border of Ukraine.

However, from April 1, 2024, the declaration (form attached) can only be submitted electronically through the automated humanitarian aid registration system. 

In order to effectively organize the processes of recognition of goods with humanitarian aid, passage through the customs border of Ukraine, customs clearance, receipt, provision, distribution and control over the targeted use of humanitarian aid, the following algorithm for the delivery of humanitarian goods has been developed, offered from April 1, 2024:

On the basis of the need received or at his own request, the donor (legal entities created and registered in accordance with the legislation of a foreign state, and individuals living outside Ukraine) may submit to the recipient his proposal for the provision of goods as a gift (to a legal entity defined by Article 1 of the Law).

It is worth noting that the recipients of humanitarian aid can be individuals and legal entities in need of assistance and to whom it is directly provided. Recipients of humanitarian aid with legal status can only be identified above legal entities.

Charitable organizations cannot receive goods in the form of vehicles for use in their activities.

The proposal for humanitarian assistance should include:

Information on the subject of donation: 

- Category of transferred goods (vehicle, medical products, products, hygiene products, stationery, household goods, etc.);

- Product name (Volvo 2354 (indicating vehicle identification number, brand, commercial description, engine volume and fuel type, year of manufacture) LG washing machine, paracetamol, etc.);

- Full legal name, registration address, or surname, address of the donor's place of residence;

- Country of shipment of goods;

- Number of pieces in the smallest unit of measurement;

- Shelf life/service life;

- Estimated number of seats, weight/volume;

- Weight is indicated taking into account gross weight, net weight.

The donor's proposal indicates the organizational and legal form of the recipient, name, his legal address. Also, the donor can immediately in the letter give his consent to change the recipient regarding the product that is given by him. The change of the humanitarian aid recipient with the donor does not agree.

If necessary, a humanitarian aid agreement may be concluded. 

After processing the proposal provided in any form on the part of the recipient, confirmation of the need and the opportunity to accept the proposed assistance, the donor provides the following documents and information:

1) invoice;

2) packing list;

3) commodity invoice.

4) if the goods are delivered by the donor, information about the brand, car number, name of the driver.

To recognize the agreed list of goods with humanitarian aid, the recipient enters information about the expected goods into the automated system of registration of humanitarian aid (hereinafter referred to as the AS GD) by filling out electronic forms in the electronic cabinet, as a result of which a UNIQUE CODE for this list of goods will be generated, necessary for the import and customs clearance of cargo as humanitarian aid.

After that, the recipient forms a declaration through his own electronic account. 

Submission of a declaration without a unique humanitarian aid code is not allowed. 

To submit a declaration, the recipient of humanitarian aid in the electronic office of the recipient fills out an electronic form where he indicates the information in accordance with the approved form. 

At the same time, the automated humanitarian aid registration system automatically fills in information in accordance with paragraphs 1-4, 9, 10 and 12 (if available) of the declaration on the basis of information entered by the recipient of humanitarian aid in the automated system of registration of humanitarian aid when submitting information about the list of goods recognized by humanitarian aid and automatically provided by the system of a unique humanitarian aid code.

The declaration submitted in the automated system of registration of humanitarian aid, its number and date of creation are automatically sent by the AS GD to the customs authority through electronic information interaction of information and communication systems. 

Columns 7, 8 of the declaration may indicate one vehicle transporting humanitarian aid.

The recipient of humanitarian aid may make changes to columns 5-8 created through the recipient's electronic cabinet in electronic form of the declaration until it is accepted by the customs authority.

After the declaration has passed customs clearance, a record "customs clearance has been carried out" appears in the recipient's personal account. 

IMPORTANT! The code is valid for 90 days from the date of its creation. 

The customs declaration is valid for 30 days from the date of creation.

In general, there will be no significant changes for the donor procedurally, except for the need to transfer information to the recipient in advance for the preliminary registration of cargo in the automated system of registration of humanitarian aid to obtain a UNIQUE CODE, without which the cargo will not be recognized as humanitarian aid, which will exclude the possibility of importing cargo into Ukraine without the use of non-tariff regulation of foreign economic activity.