Direction 2.3.
Customs and taxation
26.3%
5 /
19
0.0%
Problem 2.3.1.
Insufficient transparency and effectiveness of customs authorities, excessive discretionary powers of customs officers
26.3%
5 /
19
0.0%
1.1
ОСР
2.3.1.1.
Preconditions for possible corruption among customs officers have been eliminated by introducing a rule to the effect that backup methods of customs value appraisal can be applied exclusively within the framework of appellate procedures
2.3.1.1.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to amend the Customs Code of Ukraine, according to which the section on verifying the customs valuation has been aligned with EU Regulation No. 952/2013 dated October 9, 2013, the Agreement on the Implementation of Article VII of the GATT, and Article VII of the General Agreement on Tariffs and Trade of 1994
Ministry of Finance of Ukraine
The measure was not implemented on time and in full
Implemented
33.3%
1 /
3
0.0%
1.2
2.3.1.1.2 Developing a standard algorithm of actions for customs officials when verifying the correctness of customs valuation of goods at the stage of customs clearance and after its completion
State Customs Service of Ukraine
Implementation of the measure has not started
Not started
1.3
2.3.1.1.3 Arranging the education and training of customs officials in the methods of customs valuation of goods
State Customs Service of Ukraine
There is progress in the implementation of the measure
In progress
2.1
ОСР
2.3.1.2.
Official importers (who have the exclusive right to import certain goods or a franchise granted by the manufacturer or official distributor of such goods) have the opportunity to appeal the decision of the customs authority to determine the customs value or classification of goods imported by entities that do not have the status of official importers
2.3.1.2.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to amend the Customs Code of Ukraine, which would:
1) stipulate that the opinion of the right holder is sufficient to confirm a violation of intellectual property rights and draw up a report on the violation of customs rules involving the transportation of goods across the customs border of Ukraine in a manner that violates intellectual property rights;
2) expand the application of measures towards greater protection of intellectual property rights to instances of detection of goods suspected of being in violation of intellectual property rights, which are moved across the border bypassing customs control, are concealed from customs control by way of avoiding declaration, etc.;
3) impose harsher administrative penalties for moving goods across the customs border of Ukraine in a manner that violates intellectual property rights;
4) add the right holder to the list of parties participating in case proceedings involving violations of customs rules under Article 476 of the Customs Code of Ukraine.
Ministry of Finance of Ukraine
The measure was not implemented on time and in full
Implemented
20%
1 /
5
0.0%
2.2
2.3.1.2.2 Drafting an order on amendments to the Procedure for Applying Measures Towards Greater Protection of Intellectual Property Rights and Interaction of Customs Authorities with Right Holders, Declarants, and Other Stakeholders, approved by the order of the Ministry of Finance dated June 9, 2020, No. 281, and the Procedure for Registering Objects of Intellectual Property Rights Protected Under Law in the Customs Register, approved by the order of the Ministry of Finance dated May 30, 2021, No. 648, as amended by the order of the Ministry of Finance dated June 9, 2020, No. 282, according to which:
1) the specified normative legal acts have been aligned with the amendments to the Customs Code of Ukraine indicated in subclause 2.3.1.2.1;
2) the customs authority has the right to consult the right holder during the customs inspection of goods;
3) a procedure has been instituted for responding to recurrent cases where right holders—despite having confirmed the opinion of the customs authority that the goods are suspected of being in violation of intellectual property rights—refuse (do not intend to) apply the measures towards greater protection of intellectual property right with respect to such goods or resort to other remedies provided by law;
4) an exclusively electronic form of information exchange between the customs authorities and right holders has been introduced (submitting applications to the customs register of intellectual property rights, applying measures towards greater protection of intellectual property rights).
Ministry of Finance of Ukraine
Not started
2.3
2.3.1.2.3 Holding a public discussion of the draft order indicated in subclause 2.3.1.2.2, and ensuring its revision (if needed), issuance, and submission for state registration
Ministry of Finance of Ukraine
Not started
2.4
2.3.1.2.4 Supporting the state registration of the order indicated in subclause 2.3.1.2.2 and its official publication
Ministry of Finance of Ukraine
Not started
2.5
2.3.1.2.5 Developing and putting into operation new software and IT complexes designed to:
1) ensure the traceability of actions involving the application of measures towards greater protection of intellectual property right on the part of both the customs authorities and the right holders;
2) accelerating interactions between the customs authorities and right holders by switching to information exchange in electronic form;
3) applying standardized approaches to documenting all actions and decisions involving the application of measures towards greater protection of intellectual property rights, expanding the list of information accumulated in the relevant software and IT complexes with a view to broadening the opportunities for analysis, reporting, and enhancing the risk management system;
4) creating additional sources of information to be used by the customs authorities while allying measures towards greater protection of intellectual property rights;
5) launching intelligent systems for analyzing the performance of the customs authorities in matters of fostering the protection of intellectual property rights and continued improvement of business processes.
State Customs Service of Ukraine
There is progress in the implementation of the measure
In progress
3.1
ОСР
2.3.1.3.
Corruption risks have been minimized by establishing a body exercising public control over the day-to-day operations of the customs authorities, which will have the powers defined by law
2.3.1.3.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to:
1) define the status of the body of public control over the day-to-day operations of the State Customs Service;
2) define the requirements with respect to the creation of the body exercising public control over the day-to-day operations of the State Customs Service, which provide for a transparent competitive selection process utilizing a rating-based online voting by citizens residing in the territory of Ukraine for candidates chosen among NGOs, business associations, and experts;
3) specify the number of members of the body exercising public control over the day-to-day operations of the State Customs Service and stipulate that such members must not include representatives of government agencies and local self-government bodies or community representatives affiliated with them;
4) establish the powers of the body exercising public control over the day-to-day operations of the State Customs Service, in particular involvement in the assessment of corruption risks and implementation of anticorruption measures, drafting normative legal acts, monitoring the effectiveness of the exercise of the powers by the State Customs Service;
5) stipulate that the term of office of a member of the body exercising public control over the day-to-day operations of the State Customs Service shall be two years.
National Agency on Corruption Prevention
Implementation of the measure has started on time
In progress
0%
0 /
3
0.0%
3.2
2.3.1.3.2 Developing the draft Regulation on the body of public control over the day-to-day operations of the State Customs Service
State Customs Service of Ukraine
Not started
3.3
2.3.1.3.3 Holding a public discussion of the draft Regulation indicated in subclause 2.3.1.3.2, and ensuring its revision (if needed) and approval
State Customs Service of Ukraine
Not started
4.1
ОСР
2.3.1.4.
Unjustified influence of subjective factors during customs clearance has been minimized through automation and digitalization
2.3.1.4.1 Developing the long-term national strategic plan of digital development, digital transformations, and digitization of the State Customs Service and its territorial divisions based on the EU multi-annual strategic plan for customs (MASP-C)
State Customs Service of Ukraine
The measure was implemented on time and in full
Implemented
50%
1 /
2
0.0%
4.2
2.3.1.4.2 Implementing the activities of the long-term national strategic plan of digital development, digital transformations, and digitization of the State Customs Service and its territorial divisions based on MASP-C, which must be finalized during the effective term of the 2023-2025 State Anticorruption Program
State Customs Service of Ukraine
Implementation of the measure has started on time
In progress
5.1
ОСР
2.3.1.5.
When developing and implementing measures towards prevention of corruption in the customs authorities, effective cooperation with the public and business associations has been established, as well as regular monitoring of the work of the customs authorities through periodic surveys of entrepreneurs and customs officers
2.3.1.5.1 Conducting an assessment of corruption risks with the mandatory involvement of the public, particularly anticorruption NGOs and business associations
State Customs Service of Ukraine
The measure was implemented on time and in full
Implemented
33.3%
2 /
6
0.0%
5.2
2.3.1.5.2 Drafting the anticorruption program of the State Customs Service with the mandatory involvement of the public, particularly anticorruption NGOs and business associations, and coordinating it with the public council
State Customs Service of Ukraine
The measure was implemented on time and in full
Implemented
5.3
2.3.1.5.3 Implementing the activities prescribed by the anticorruption program indicated in subclause 2.3.1.5.2, as well as other measures towards the prevention of corruption in the customs authorities, with the mandatory involvement of the public, particularly business associations and the public council at the State Customs Service
State Customs Service of Ukraine
There is progress in the implementation of the measure
In progress
5.4
2.3.1.5.4 Annual publication of information on the results of involvement of anticorruption NGOs and representatives of the business community
State Customs Service of Ukraine
There is no progress in the implementation of the measure
In progress
5.5
2.3.1.5.5 Annual independent anonymous survey of customs officials conducted by the public council at the State Customs Service on the performance of the customs authorities, the problematic aspects of their work, and ways to resolve the existing problems
State Customs Service of Ukraine
Implementation of the measure has not started
Not started
5.6
2.3.1.5.6 Annual survey of business community representatives conducted by business associations and the public council at the State Customs Service to explore the effectiveness of their cooperation with the customs authorities, the problems encountered during their interaction, and ways to resolve them
State Customs Service of Ukraine
Implementation of the measure has not started
Not started