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Excerpt from «Resolution of Cabinet of Ministers of August 29, 2002. N 1274 Kyiv»
On the Order of Yachts' admission across the state border of Ukraine

Cabinet of Ministers of Ukraine simplified by its Resolution the procedure of yachts admission via the state border of Ukraine, by it's Order of Yachts' admission across the state border of Ukraine (24.05.2006, 14:36. Press office of the Cabinet of Ministers of Ukraine).

This document has been drawn up with the purpose of further development of yacht tourism and simplifying the procedure of border, customs and other determined by legislation types of control of yachts of foreign destination, crew members and passengers when crossing the state border of Ukraine.

The Resolution defines the circle of legal entities and natural persons to which the Procedure of yachts admission via the state border shall be applied – deckers sailing vessels, sailing motor vessels for private or collective use for repose, tourism and sport.

The Procedure shall be applied in case of foreign yacht arrival and departure abroad. It regulates the list of documents provided for border, customs and other determined by legislation types of control.

All physical and juridical persons are liable to this Resolution, if their activity is connected with exploitation of any kinds of yachts and engine vessels intended for recreation, tourism and sport.

In case of crossing the state border of Ukraine, all foreign yachts and their crews are liable to state border and customs control, and, in specific cases, to veterinary, ecological, sanitary-quarantine, phito-sanitary control. The control proceedings can take place in any port which has a border crossing control department.

Legislative Order of Crossing the State Border of Ukraine by Yachts
At the state border of Ukraine, two kinds of state control take place: the border control and the customs control.

The control procedure for boats/yachts entering state borders of Ukraine, takes place in the first Ukrainian port on it's way, which is open for foreign vessels and which has a department of state border control. The port administration or a marine agent must provide the following information to the organs of state and border control: time of arrival and the planned departure of the yacht, the name of the vessel, the state of registration, the port of registration, the initial port of departure, the destination port, the number of crew and passengers. This means that the captain of the yacht must inform the port administration about the arrival of the yacht in advance. In the internal waters of Ukraine, as well as in the territory waters, the Organs of State customs service of Ukraine have the right to:

  • request to show their national flag, if it is not up on the yacht, or request about the purpose of the entrance to the waters of Ukraine;

  • request to change the route of the yacht, if the route is going to take the yacht into area which is closed for such vessels;

  • stop the yacht for examination, if it does not respond to signals, or has entered a restricted area violates rules of entrance of the waters of Ukraine, violates rules of stay within territorial waters of Ukraine, carries out industrial or any other activity that violates legislation of Ukraine, or international agreements of Ukraine with other states. The examination includes checking the navigation and the boat papers, checking the personal papers of the crew and passengers, checking papers supporting cargo, and, if necessary – checking the inside premises of the boat. After the examination, the boat can be allowed to go on it's route within the waters of Ukraine, or leave territorial waters of Ukraine; in some cases the boat can be arrested;

  • place border guard representatives on board of the boat, which should support the boat to a port or to the border of Ukraine;

  • require that crew members or passengers of the boat who have violated law and are liable to arrest according to legislation of Ukraine, leave the boat and let the legislation or investigation organs continue the legal process, unless different conditions are set by international agreements of Ukraine with other states;

  • follow and arrest a boat in the open sea, if the boat has trespassed the territorial waters of Ukraine or ports of Ukraine, and violated laws or rules of stay in Ukraine, till the boat enters the territory; waters of its own country or a third state, in case if the chasing was started in the territorial waters or inside waters of Ukraine, and has not been interrupted.

The grounds for arresting foreign or local Ukrainian boats by the organs of State Border Control of Ukraine. A boat can be arrested if:

  • yacht/boat collects information or acts in a manner that is harmful to Ukraine;

  • yacht/boat is in the area which has been announced as a restricted area for sailing;

  • yacht/boat does some industrial operations, research or study, burying of industrial waste or any other chemicals which are harmful to people or organisms of the surrounding area;

  • yacht/boat sets people or people ashore or takes people or any loads aboard, without a special permission to so this in the places which are not intended for these operations;

  • yacht/boat carries out any air flights or takes any flying objects on its board without having a permission from respective permission-issuing organs of Ukraine;

  • crew of the yacht/boat or any other persons on board, violate or destroy or damage border signs, navigation boarding means, cable or wires, or any other underwater or surface objects that are property of Ukraine;

  • captain of the boat has not submitted the requested boat' or cargo carrying' documents;

  • yacht/boat does not submit to the instructions of representatives of the State Border Control Service of Ukraine or any other competent organs;

  • yacht/boat is within the territory waters of Ukraine, within Ukraine water borders, and thus breaks the rules set by the respective legislation, international agreements of Ukraine or universally established principles and norms of international law.

Captain of the yacht/boat must provide the following papers to organs of State border control of Ukraine and the other controlling departments:

  • boat certificate registration – 4 copies;

  • papers providing the right to enter Ukraine for all crew members and passengers;

  • list of passengers – 4 copies;

  • certificate of not carrying drugs, weapons etc – 2 copies;

  • list of stored supplies carried by the yacht – 2 copies;

  • customs declaration – 2 copies (for foreign yachts);

  • customs declarations of each crew member - citizen of Ukraine;

  • passengers' customs declarations;

  • marine medical-sanitary declaration;

  • certificated of vaccination for crew members and passengers, if the yacht has arrived from a state enlisted in the Ministry of Ukraine's list of states. Lack of documents is regarded as a serious violation of rules and laws of Ukraine, which are covered by art. 330 of the Customs Code of Ukraine.

  • certificate of the permission to sail under the flag of the state;

  • property papers, certifying the owner's right of property for this boat/yacht.

All persons listed in the boat certificate and the list of passengers, must be present on board at the moment of control. If there are people on board, whose names are not listed in the yacht papers, the captain must inform the state border control organs about this. A foreigner, or a person having no citizenship, is not allowed to enter Ukraine, and is not allowed to step ashore. The captain of the yacht is responsible for repatriation of such persons from Ukraine (including financial responsibility for expenses involved), according to the legislation of Ukraine.

A foreign yacht, that belongs to a non-resident of Ukraine and entering Ukraine for a limited term of time, must be declared at the moment of crossing of the state border of Ukraine, under the obligation to leave Ukraine. A yacht that belongs to a Ukraine resident, and is leaving Ukraine, must declare it's obligation to return to Ukraine. Item 12 of the above mentioned order of the crossing of State Border of Ukraine, allows the necessity to make this statement if the yacht belongs to a private person.

The control of Ukrainian and foreign yachts is done by a commission at specifically established places (moorages), which are listed in the marine (river) department of state border control. The control is often done on the moorage of a yacht-club or any other base established for small boats.

After carrying out all the controlling procedures and when the permission to enter Ukraine has been issued for the yacht, she can continue its voyage without any limitations within the territory waters of Ukraine. It can also enter and stay in any bases on its route, excluding the areas which are closed for sailing and mooring.

On leaving Ukraine, the papers for the yacht, the crew and the passengers are checked in their last port of visit on the Ukraine territory, if the port is open for non-military foreign boats. The captain of the yacht must provide the same papers which he did on entering Ukraine. The yacht registration certificate and the list of passengers are provided in two copies each; all changes in the number of crew or passengers must be put into the list and are signed by the captain, The marine medical-sanitary declaration is not submitted.

In conclusion, it's possible to say that a foreign yacht, once it has carried out all border crossing formalities, can be used the same way as a Ukrainian yacht. It can travel about territorial waters of Ukraine without limitations, enter ports and yacht clubs, transport Ukrainian and foreign passengers. Food, equipment, etc, can be purchased and placed on the yacht with no limitations, and the repair or re-equipment of a foreign yacht in Ukraine can be cheaper than the same operations made on a Ukrainian yacht.



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