The President of Ukraine signed the Law of Ukraine dated February 24, 2023 No. 2957-IX amending the Customs Code of Ukraine regarding the establishment of temporary features for determining the customs value of goods exported outside the customs territory of Ukraine.
It is assumed that such changes will contribute to the receipt of payments from the export duty in full to the State budget.
Yes, temporarily, until December 31, 2025 inclusive, the customs value of goods that are exported outside the customs territory of Ukraine and placed under the customs export regime and on which the law establishes an export duty calculated at ad valorem rates is the price of the goods specified in the invoice - invoice or proforma invoice, but not lower than the arithmetic mean value of price quotations for the relevant goods on international commodity exchanges.
The list of international commodity exchanges is approved by the Cabinet of Ministers of Ukraine.
If the goods are not traded on international commodity exchanges, the customs value of such goods is also the price of the goods specified in the invoice or proforma invoice, but not lower than the price of the goods, determined taking into account the arithmetic mean value of price quotations on international commodity exchanges for the components of such goods or prices on the domestic market of Ukraine in accordance with the procedure approved by the CMU.
Importantly: such features do not apply to goods for which the CMU has introduced an export security regime.
The law enters into force on the day following its publication and is put into effect on the first day of the second month following the month of its entry into force.