16.05.2023

The Ministry of Economy extends deadlines for goods delivery

Other state regulators StateGeoCadastre L'viv region

A Turkish company engaged in the development of “green” energy in Ukraine ordered components for turbine generators necessary for a wind power plant construction in Lviv Oblast from a German contractor.
The company managed to pay and import part of the ordered equipment to Ukraine in 2021. It expected to deliver the rest of the equipment by May 2022. However, due to the full-scale invasion of the russian federation in Ukraine, the wind farm construction project was suspended, and the company decided to postpone the delivery of the remaining equipment.
In order to avoid imposition of a penalty for currency legislation violation, the company had to receive an opinion from the Ministry of Economy on extension of the deadline for goods payments. However, it is known that administrative services provision deadlines and permitting documents issuance during martial law, particularly consideration of applications for maximum payment deadlines extension, were suspended by the CMU Decree of December 28, 2022 No. 165.
The company submitted all the necessary documents to obtain the opinion of the Ministry of Economy, but did not receive any response. Then it turned to the Council and the business ombudsman took up the matter.
The Business Ombudsman Council communicated with the Ministry of Economy and asked them to consider the application for issuing the the opinion for the company within a reasonable period of time. The Council stressed that the energy company’s investments were at risk due to targeted  russian attacks on such facilities, so it was important to find an understanding between the foreign investor and the state in this matter.
Finally, in March 2023, the company received a positive opinion from the Ministry of Economy on its application.

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