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SECTION IV.
ENTERPRISES WITH FOREIGN INVESTMENTS

Article 16.
Organizational and Legal Forms of Enterprises with Foreign Investments

Enterprises with foreign investments are established and act on the territory of Ukraine in the forms envisaged by the legislation of Ukraine.

Article 17.
Constituent Documents of Enterprises with Foreign Investments

Constituent documents of enterprises with foreign investments shall contain the information envisaged by the legislation of Ukraine for the relevant organizational and legal forms of enterprises as well as the data of nationality of their founders (participants).

Article 18.
Imposition of Duties

Property imported into Ukraine as contribution of a foreign investor to the charter fund of enterprises with foreign investments (except for the goods for realization or own consumption) is exempted from duties.

The customs authorities make clearance for entry of such property into the territory of Ukraine based on a promissory note, issued by the enterprise, in the amount of the duty with deferment in payment not more than for 30 calendar days from the date of customs clearance of the import cargo customs declaration.

The promissory note is discharged and import duty is not levied if within the period, assigned for deferment in payment, the above property has been credited to the balance sheet of the enterprise, and the Tax Inspectorate at place of location of the enterprise has made the relevant note on a copy of the promissory note.

Procedure of issuance, recording and discharging of the promissory notes is established by the Cabinet of Ministers of Ukraine.

If within three years from the time of crediting of the foreign investment to the balance sheet of the enterprise with foreign investments, the property, imported in Ukraine as contribution of the foreign investor to the charter fund of the said enterprise, is alienated including in connection with termination of activity of this enterprise (except for exportation of the foreign investment abroad), the enterprise with foreign investments pay import duty calculated on the basis of the customs value of this property, translated into the currency of Ukraine at the official exchange rate of Ukraine established by the National Bank of Ukraine at the date of alienation of the property.

Article 19.
Conditions of Realization of Products (Works, Services)

The enterprise with foreign investments determines itself the conditions of realization of products (works, services) as well as their price unless otherwise is stipulated by the legislation of Ukraine.

Products of enterprises with foreign investments are not subject to licensing and quotation provided they are certified as the products of own manufacturing according to the order, established by the Cabinet of Ministers of Ukraine.

Exportation of the goods subject to the special export regime is carried out in accordance with the legislation of Ukraine.

Article 20.
Taxation

Enterprises with foreign investments pay the taxes in compliance with the legislation of Ukraine.

Article 21.
Rights of Intellectual Property

Protection and realization of intellectual property rights of enterprise with foreign investments are assured pursuant to the legislation of Ukraine. Enterprises with foreign investments make themselves decisions as to patenting (registration) abroad of inventions, industrial models, trademarks and other rights of intellectual property which belong to them according to the legislation of Ukraine.




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Last modified: Son Jul 29 10:21:55 CEST 2001