The law on special conditions for the export of certain agricultural products entered into force in Ukraine

On February 5, Law 2881-IX entered into force in Ukraine, which provides for special conditions for the export of certain types of agricultural products. Its purpose is the timely return to Ukraine of foreign exchange earnings from the export of agricultural products. The norms of the law will be implemented in one month from the date of its publication.

This document stipulates that during the period of martial law:

• The government is allowed to introduce the regime of export support for the export of wheat and a mixture of wheat and rye (meslin) (UKT code ZED 1001), barley (1003), corn (1005), soybeans (1201);
• Rapeseed or colza seeds (1205), sunflower seeds (1206), sunflower, safflower, cottonseed oil or their fractions (1512), cake and other solid waste (2306);
• only VAT payers whose registration has not been suspended can export products for which the regime of export security has been introduced;
• products for which the regime of export security has been introduced can be exported under the customs regime of export only if the exporter has a positive history of returning foreign exchange earnings during the previous six months (indicator ΣLimit and absence of violations of currency legislation);
• in case the exporter does not have a positive history or the volume of export operations significantly exceeds the ΣLimit indicator, goods for which the export security regime has been introduced can be exported under the customs export regime only on the condition that a tax invoice is registered with the ЕРПН at the rate determined for supply operations of these goods at the customs territory of Ukraine.

In the latter case, the exporter will receive the right to reimbursement from the budget for operations on the export of goods to which the regime of export security is applied only if the bank of Ukraine, where he is served, completes the currency supervision of compliance with the settlement deadlines for the relevant export operation.