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Customs refuses to set up temporary zones for cargo clearance

10.09.2015

Object of complaint: Kyiv City Customs, under the State Fiscal Service

Complaint in brief: On July 1, 2015, a river transport company turned to the BOC and claimed that Kyiv City Customs had refused to establish a temporary customs zone in the Kyiv River Port. A temporary zone was necessary to carry out certain customs clearance procedures. In the absence of a permanent customs zone, every time the complainant transported cargo on the Dnipro River, it had to request the establishment of such a temporary customs zone.

Although the law allows for temporary customs zones to be set up, as the case may require, but despite the fact that such zones had been set up in the past in response to the complainant’s requests, this time Kyiv City Customs refused. Instead, the agency advised the complainant to undertake customs clearance of the cargo in another port, where a permanent customs zone is set up.

Actions taken:The BOC investigator determined that, based on the law, Kyiv City Customs was not empowered to refuse to set up a temporary customs zone if this was requested and justified by the complainant and the necessary approval of the State Border Service for cargo transportation had been obtained. The BOC investigator had a number of telephone conferences to discuss the case with the Kyiv City Customs officials. On July 8, 2015, a letter with BOC recommendations was submitted to the Kyiv City Customs Office. 

Result achieved:On July 14, 2015, in response to the complainant’s request and the BOC letter of recommendations, the Customs office established a temporary customs zone and the complainant was able to clear its cargo. The case was closed.