This law determines the procedure of establishment and functioning of Special Economic Zones in the Donetsk Region and introduction of the Special Mode of Investment Activity in the territories of Priority Development.
In this Law the terms are applied in the following meanings:
Territory of Priority Development is the territory within the city, regional borders, which faces unfavorable social-economic conditions and where Special Mode of Investment Activity is introduced with the purpose of new job creation;
Special Mode of Investment Activity is the mode, which provides introduction of tax, customs and other privileges stimulated by this Law, for the subjects of entrepreneurial activity performing the investment projects approved by the Board of the Special Economic Zones and the Special Mode of Investment Activity in the Donetsk Region;
Re-structuring of the enterprises is the implementation of organizational-economic, legal, technical measures aimed to change enterprise structure, management, type of ownership, organizational-legal form, with the purpose of strengthening the financial state of the enterprise, increasing the competitive product output and production efficiency;
Re-profiling of the enterprise means a change of production process technology to produce new products (fulfillment of works, services), or modernization of products manufacturing, previously produced by this enterprise.
The purpose of Special Economic Zones establishment in the Donetsk Region and Introduction of Special Mode of Investment Activity in the territories of Priority Development is to attract investments into priority industries for creation of new jobs and placement of employees made redundant due to closure, re-structuring of coal-miningand other enterprises, new technology implementation, modernization of existing production facilities, development of international economic relations, increase the supply of high-quality goods and services to the domestic market, establishment of a modern industrial, transport and market infrastructure and effective use of natural resources.
Special Economic Zone "Donetsk" and Special Economic Zone "Azov" are established for the period of 60 years within the borders of the following territories:
Special Economic Zone "Donetsk" is located in the Southern Part of Donetsk city with the total area of 466 hectares;
Special Economic Zone "Azov" is located in the Southern Part of Mariupol city (the Donetsk Region) with the total area of 314,8 hectares.
A map of the Special Economic Zones territories is an integral part of this Law. The original is kept in the Donetsk Regional Council.
Special Mode of Investment Activity is introduced in the territories of Priority Development for the period of 30 years, and working in the priority types of economic activity determined by the Cabinet of Ministers of Ukraine.
Below are the cities which, within their administrative-territorial boundaries, pertain to the territories of priority development: Artyomovsk, Ugledar, Gorlovka, Dzerzhinsk, Dimitrov, Dobropolie, Donetsk, Druzhkovka, Yenakievo, Zhdanovka, Zugres, Ilovaysk, Kirovskoye, Konstantinovka, Kramatorsk, Krasnormeisk, Krasniy Liman, Makeevka, Mariupol, Novogrodovka, Selidovo, Slavyansk, Snezhnoye, Torez, Khartsyzsk, Shaktyorsk and also Amvrosievka district, Volnovakha district, Konastantinovka district, Mariinka district, Slavyansk district, Starobeshevsky district and Shakhtyerskiy district". (Part 4 of the Article 3 in Law issues ¹ 984-XIV (984-14) dated 15.07.1999; ¹ 1097-XIV (1097-14); ¹ 3036-III (3036-3) dated 7.02.2002)
Special Economic Zones "Donetsk" and "Azov" are not included into the Territories of Priority Development.
Investment projects executed within the Territories of Priority Development are priority for granting loans provided by foreign states, international financial organizations, foreign banks, other financial-credit institutions under state guarantees.
Special customs, tax procedures and other conditions of undertaking the economic activity are established in the territories of Special Economic Zones and Territories of Priority Development according to this Law.
The Ukrainian legislation is applied in Special Economic Zones and on Territories of Priority Development according to the features stipulated by this Law.
The state guarantees stability of the legislative mode of Special Economic Zones and Territories of Priority Development functioning established by this Law for the whole period stipulated by the article 3 of this Law.
The executive and judicial authorities carry out their functions according to the Ukrainian legislation and in compliance with the special features stipulated by this Law.
Management Bodies of Special Economic Zones and Territories of Priority Development are:
Board on the Special Economic Zones and the Special Mode of Investment Activity in the Donetsk Region (hereinafter referred to as "the Board");
Bodies of local governing and local state administrations;
Bodies of economic development of Special Economic Zones
The bodies of local governing and local state administrations of the territories where Special Economic Zone is located or Special Mode of Investment Activity is introduced, carry out their duties according to the Ukrainian legislation and special features stipulated by this Law.
In addition, the authorities of local governing bodies include:
conclusion of treaty with the investor (investors) about investment project implementation approved by the Board;
decision -making about assignation of land sites, infrastructure objects located on the territory, and natural resources of local importance to the Body of Economic Development of Special Economic Zone.
The Board is the specially authorized Body of management of Special Economic Zones and Special Modes of Investment Activity introduced in the territories of Priority Development.
The Board is set up by the Donetsk Regional Council.
The authorities of the Board:
working out and implementation of strategy and current programs of Special Economic Zones development approved by the appropriate local councils;
consideration and approval of the investment projects;
working out and implementation of a complex of organizational measures for involving the financial resources, including the equity of enterprises and organizations (including foreign ones), budgetary funds, non budgetary funds, charitable funds, public organizations and physical persons;
organization of staff training and retraining;
realization of international tenders for selection of the investment projects and their participants;
issue of the license to the subjects of entrepreneurial activity for business activity on the Special Economic Zones territory without creation of a legal entity;
issue of the license for realization of state registration of the subject of entrepreneurial activity on the territory of Special Economic Zone;
issue of a certificate of investment project approval;
carrying out of the appropriate control of investment activity of the subjects of Special Economic Zones and Territories of Priority Development within the authorities according to this Law;
preparation of proposals on rent payment, utility rate, tariffs and other payments to the appropriate Boards;
consideration of disputes in the pre-legal form between Body of Economic Development of Special Economic Zone, subjects of entrepreneurial activity and local governing bodies;
adjustment of foreign workers involvement into the work of Special Economic Zone;
making decisions (within the authority) to be executed in the territories of Special Economic Zones and in the territories of Priority Development during the investment projects implementation;
carrying out other duties stipulated by this Law.
The Statute of the Board of Special Economic Zones and Special Mode of Investment Activity is approved by the Donetsk Regional Council.
The order of investment project consideration and approval, issue of the license to the subject of entrepreneurial activity for carrying out activity on the territory of Special Economic Zone and Territories of Priority Development is determined by the Cabinet of Ministers of Ukraine.
The Body of Economic Development of Special Economic Zone is a legal entity authorized or specially established by the Donetsk Regional State Administration in cooperation with the appropriate body of local governing.
Body of Economic Development of Special Economic Zone authorities include:
development of Special Economic Zone territory;
building of the objects of industrial and non-industrial infrastructure;
development of a communicative network ;
conclusion of treaties about contract work fulfillment concerning development of the Special Economic Zone territory, building of objects of industrial and non-industrial infrastructure, development of communication network;
conclusion of contracts about infrastructure objects operation;
conclusion of contracts (within the authorities, given by bodies of local governing ) with the subjects of entrepreneurial activity about granting the lease of land areas, usage of natural resources of local importance and infrastructure objects in Special Economic Zone;
participation in the investment projects implementation;
carrying out of other activity, indicated in the statutes, and carrying out of duties given to Body of Economic Development by the other Bodies of management.
All kinds of entrepreneurial activities, except those ones that are prohibited by the Ukrainian legislation, are carried out in the territories of Special Economic Zones according to this Law.
Subjects of entrepreneurial activity carry out their business activity in the territories of Special Economic Zones on the basis of the appropriate Board permission.
There are enterprises using new technologies for manufacturing goods for export and domestic market in the territory of Special Economic Zone "Donetsk".
There are enterprises in the territory of Special Economic Zone "Azov" performing operations on transit cargoes servicing, their storage, completion, sorting, packing, rendering transport-agency and forwarding services, trade and other enterprises using new technologies for manufacturing goods for export and partially for the home market.
Objects of an industrial and non-industrial infrastructure, including office structures, hotels, apartment houses etc. can be located in the territories of Special Economic Zones.
It is prohibited to set up a casino, gambling house and other places of gambling business in the territories of Special Economic Zones.
The Board certificate of the investment project approval is the basis for concluding a contract between the body of local governing and the investor and state registration of the subject of entrepreneurial activity, conclusion of contracts about lease of land, premises, etc by the Body of Economic Development of Special Economic Zone. The order of conclusion the contract is determined by the Board.
If the subject of entrepreneurial activity carries out activity which is subject to licensing, the appropriate permits (licenses) are to be given out according to the legislation.
Setting up of bank establishments, auditorial firms, insurance firms, stock companies and other financial organizations in the Special Economic Zone territory, which activity is subject to licensing, is to be carried out according to the established order after previous coordination with the Board.
Subjects of entrepreneurial activity (investors), who carry out their activity in the Special Economic Zones territories, without creation of a legal entity, through the branches and other subsidiary, and implement the investment projects in priority kinds of economic activity make up an individual balance of financial-economic activity in the order, established by the Ukrainian State tax administration.
They charge for state registration of the subjects of entrepreneurial activity, except bank establishments, in the Special Economic Zone territory and for authorization to carry out the entrepreneurial activity without legal entity creation, the charge size is defined by the Board agreed by Ukrainian Ministry of finance. The charge size is equal for all subjects of entrepreneurial activity doing the same business. The charge is given for development of an infrastructure of the appropriate Special Economic Zone in order determined by the Board agreed by Ukrainian Ministry of finance.
In case of violation the Ukrainian Laws and statutory documents, terms of the contract concluded with the local governing bodies by subjects of entrepreneurial activity (investors), the Board has right to cancel the authorization for carrying out the entrepreneurial activity in the Special Economic Zone territory or cancel the certificate of the investment project approval in the territory of Priority Development.
The cancellation of the subject of entrepreneurial activity state registration, its liquidation and cancellation of a special permit (license) on implementation of some kinds of business activities is to be carried out in accordance with the legislation.
The local governing bodies can assign land areas, objects of infrastructure and natural resources of local importance to the Body of Economic Development of Special Economic Zone according to the agreement concluded between them.
The basis for the land areas assignment to the Body of Economic Development of Special Economic Zone is the investment project, approved by the Board.
The Body of Economic Development of Special Economic Zone can assign these land areas for rent for the term up to 60 years, but no more, than up to the expiration date of Special Economic Zone.
According to Ukrainian legislation the charge for utilization of land and other natural resources assigned to the Body of Economic Development in conformity with the agreement.
They do not charge for land rent within a period of land area development that is planning of the territory, building of infrastructure objects of Special Economic Zone etc. This period is defined by the investment project.
The mode of special customs zone is established in Special Economic Zones "Azov"and "Donetsk".
The following order of goods and other objects import/export is established in Special Economic Zone "Azov":
They do not charge for import duty and value- added tax if goods and other objects (except goods which are subject to excise tax) were imported beyond the borders of Ukrainian customs territory to the Special Economic Zone territory for utilization within the borders of this zone;
in case of goods and other objects imported to the Ukrainian customs territory from Special Economic Zone territory which were previously imported to the territory of Special Economic Zone from the territory beyond the border of Ukrainian customs territory,the taxation is carried out according to the Ukrainian legislation concerning goods imported, in Ukraine;
value-added tax and excise tax are paid as for the ordinary use in Ukraine in case of import of goods and other objects completely made or enough processed in Special Economic Zone to the Ukrainian customs territory from Special of Economic Zone territory;
export duty and excise tax are not paid and value- added tax is paid at zero rate in case of export of goods and other objects completely made or enough processed in Special Economic Zone, from Special Economic Zone territory beyond the borders of Ukrainian customs territory;
export duty, value-added tax and excise tax are not paid in case of export of goods and other objects from Special Economic Zone beyond the border of Ukraine which were previously imported from the territory beyond the border of Ukrainian customs territory to the territory of Special Economic Zone;
in case of goods and other objects exported (except goods which are subject to excise tax) from the Ukrainian customs territory to the Special Economic Zone territory export duty is not paid, the value-added tax is paid at zero rate.
in case of goods and other objects imported to the Special Economic Zone territory with the purpose of transit through the territory of this zone, taxation is carried out according to the Ukrainian legislation;
in other cases taxation is carried out according to the Ukrainian legislation.
Completely made or enough processed goods in Special Economic Zone are the goods which meet requirements determined by Article 18 of the Ukrainian Law " About the Uniform customs tariff ".
Term of keeping goods and other objects on the Special Economic Zone territory is not limited, except for cases of keeping goods and other objects with the limited term of storage.
The cost of goods and other objects storage, their completion, sorting, packing etc., carried out on territory of Special Economic Zone is not included into the customs cost of goods and other objects determined by subitem "b" of item 2 of this article.
The value-added tax is not paid for the above mentioned services.
The following order of goods and other objects import/export is established in Special Economic Zone "Donetsk":
They do not charge the import duty and value-added tax if the goods and other objects (except goods which are subject to excise tax) were imported beyond the borders of the Ukrainian customs territory to the Special Economic Zone territory for the utilization within the borders of this zone;
in case of goods and other objects import to the Ukrainian customs territory from the Special Economic Zone territory which were previously imported to the territory of Special Economic Zone from the territory beyond the border of the Ukrainian customs territory, taxation is carried out according to the Ukrainian legislation as for goods import in Ukraine;
value-added tax and excise tax are paid as for the ordinary use in Ukraine in case of import of goods and other objects completely made or enough processed in Special Economic Zone to the Ukrainian customs territory from the Special of Economic Zone territory;
export duty and excise tax are not paid, the value-added tax is paid at zero rate in case of export of goods and other objects completely made or enough processed in Special Economic Zone, from Special Economic Zone territory beyond the borders of Ukrainian customs territory;
export duty, value-added tax and excise tax are not paid in case of goods and other objects of export from Special Economic Zone beyond the border of Ukraine which were previously imported from the territory beyond the border of Ukrainian customs territory to the territory of Special Economic Zone;
in case of goods and other objects exported (except goods which are subject to excise tax) from the Ukrainian customs territory to the Special Economic Zone territory export duty is not paid, value-added tax is paid at zero rate.
in case of goods and other objects imported, to the Special Economic Zone territory with the purpose of transit through the territory of this zone, taxation is carried out according to the Ukrainian legislation;
in other cases taxation is carried out according to the Ukrainian legislation.
Completely made or enough processed goods in Special Economic Zone are the goods which meet requirements determined by Article 18 of the Ukrainian Law " About the Uniform customs tariff ".
The provisions of items 2 and 3 of this article does not concern goods exchange (barter) operations.
The customs control of goods and other objects transference through the borders of Special Economic Zones "Azov" and "Donetsk" is performed for providing the order of goods and other objects transference by state bodies, enterprises, establishments, organizations and their officials, and citizens according to the legislation of Ukraine, taking into account the norms established by this Law.
The territory of special customs zone should be fenced along perimeter and equipped according to the requirements of the State customs service of Ukraine to prevent non-authorized and uncontrolled penetration of physical persons, transport means and import /export of goods and other objects on the territory of special customs zone or beyond it.
The territories of customs control zones for each Special Economic Zone, their borders and mode of transference of goods, vehicles, citizens are established by State customs service of Ukraine.
They collect tax for registration of goods and other objects, and also keeping them under the customs control in Special Economic Zones according to the Ukrainian legislation.
The Body of Economic Development of Special Economic Zone carries out the organization of work concerning development of customs infrastructure, special customs zone fencing and financing of the appropriate works.
The mode of special customs zone is established after signing an acceptance certificate of customs infrastructure utilization by State customs service of Ukraine.
goods imported by subjects of entrepreneurial activity for needs of their own manufacture on the Special Economic Zone territory and the export of goods completely made or enough processed in this zone, is not subject to licensing and quotation, if other cases are not determined by international agreements of Ukraine.
The mode of goods export (import) and other measures of non-tariff regulation of external economic activities extends over the external economic operations carried out in the Special Economic Zone according to the Ukrainian legislation.
The Ukrainian Cabinet of Ministers can establish import restrictions of some kinds of goods to the Ukrainian customs territory from the Special Economic Zone territory and export from the Ukrainian customs territory into this zone.
The special preferential mode of taxation is established in the Special Economic Zones:
profit of the profit tax payers on the territory of the Special Economic Zone is assessed under the rate of 20 percent of a taxation object;
incomes received by non-residents carrying out their economic activity on the special Economic Zone territory are assessed at 2/3 of the tax rate determined by article 13 of the Ukrainian Law " About profit taxation of enterprises ". This standard does not concernthe incomes from investments in the securities issued according to the decision of authorized state body or body of local governing, and incomes determined by item 13.6 of the Ukrainian Law " About profit taxation of enterprises ";
duties are not paid into the State innovation fund and in the Fund to address the consequences of Chernobyl catastrophe and to ensure social protection of population;
currency regulation on the Special Economic Zones territories is carried out according to the Ukrainian legislation, and taking into account the standards determined by this Law;
The foreign currency incomes of production, goods (works, services) realization, made or rendered in Special Economic Zone are exempted from obligatory sale.
gross income of an enterprise located in Special Economic Zone does not include the following investments received in accordance with the investment project (with the purpose of taxation):
cash assets;
material assets;
non-material actives, which convertible currency cost is confirmed in accordance with laws (procedures) of the investor country or international trade customs, and also by expert estimation in Ukraine, including copyrights, inventions patent, useful models, industrial samples, marks for the goods and services, know-how etc legalized on the territory of Ukraine.
Subjects of entrepreneurial activity, who have received the investment, must pay tax on profit received in such accounting (tax) period if during the accounting (tax) period there happened a partial or complete alienation of the specified investment.
The Special Mode of Investment Activity concerns the subjects of entrepreneurial activity, who implement the investment projects (approved by the Board) in the priority kinds of economic activity on the Territory of Priority Development, according to the concluded contract.
According to this mode:
exempt for the period of implementation of the investment project, but no more than for 5 years, from customs import duty raw materials, goods, equipment (rigging), except excise's duty goods, and from value added tax - equipment (rigging) during their importation to the territory of Ukraine. The listing and volumes of importation on customs territory of Ukraine of the indicated raw materials, goods, equipment (rigging) is an integral part of the investment project. The term equipment (rigging) means machines (except transport, vehicles), appliances machinery, mechanisms, devices, which are intended for usage in a technological process taking place in the implementation of the investment project;
exempt for the period of 3 years the profit, received from implementation of the investment projects approved by the Board at the new (just establishedfirms, currently working firms, their branches and other structural divisions-payers of tax, where re-structuring, reconstruction, renovation, reprofilingwere held, in the part received from development of the investments, based on documents of separate (financial, tax) accounting, if the investments in them are equivalent not less than $1 million., for small enterprises - are not less than $ 250 thousand.
The order of calculation of the profit, received from the implementation of the investments on the working firms, is established by State Tax Administration of Ukraine.
The profit of such firms with the investment in them equivalent not less than $1 million received from the 4th till the 6th year, is taxed under the interest rate of 50 % of the current rate of tax.
The dividends paid to the investor by the subject of business activity, who realises the investment project, are taxed under the rate of 10%.
The incomes of non-residents of Ukraine received from implementation of the investment projects, approved by the Board, on territories of the priority development are taxed at an interest of 2/3 tax rates, appointed in the article 13 of the Law of Ukraine "About the taxation of the Pofits of Enterprisesfirm's profits". This norm is not applied to the incomes gained from implementation of the investments in securities issued under the decision of an authorised state body or an institution of local government, and incomes, appointed in the Point 13.6 of the Law of Ukraine "About the taxation of the Profits of Enterprises".
These indicated privileges are applied from the moment of receiving the maiden profit. (items "a" è "b" Part 2 of the article 14 in edition of the Law ¹ 3036-III (3036-3) dated 7.02.2002
existing and new enterprises where the restructuring, reconstruction, re-profiling and modernization took place and number of workers, signed off the coal-mining and other closing enterprises, makes up not less than 50 per cent of average number of workers in account (tax) period are free of State innovation fund duty. These enterprises pay 50 percent duty to the Fund to address the consequences of Chernobyl catastrophe and to ensure social protection of population for the period up to 2009 year;
gross income of the enterprise located on the Territory of Priority Development does not include the following investments received in accordance with the investment project (with the purpose of taxation):
cash assets;
material assets;
non-material actives, which convertible currency cost is confirmed in accordance with laws (procedures) of the investor country or international trade customs, and also by expert estimation in Ukraine, including copyrights, inventions patent, useful models, industrial samples, marks for the goods and services, know-how etc legalized on the territory of Ukraine.
Subject of entrepreneurial activity, who has received the investment, must pay the tax on profit received in such accounting (tax) period if during the accounting (tax) period there happened a partial or complete alienation of the specified investment.
The Ukrainian Cabinet of Ministers can establish a special procedure of crossing the borders of Ukraine by foreigners and persons without citizenship going to the Special Economic Zone, and also special entrance procedure in Special Economic Zone and departure from it by citizens of Ukraine, foreign citizens and persons without citizenship.
In case of improper fulfillment or violation the items of the contract(agreement) concluded by the investor or subject of entrepreneurial activity with the bodies of local governing, the body of Economic Development of Special Economic Zone, such investor (subject of entrepreneurial activity) is responsible by property and non-property means stipulated by the Ukrainian legislation and the appropriate contract (agreement).
The investor (or the authorized person) is to inform the Bodies of management of Special Economic Zone about reasons of liquidation the enterprise set up on the Special Economic Zone territory or its reorganization (according to the decision of the owner or the body authorized by him) before the term indicated in the contract concluded between the investor and the bodies of local governing within 10 days after taking the decision.
Special Economic Zone is considered to be liquidated since the expiration of the term it was created on, if this term is not prolonged by the law of Ukraine.
Special Economic Zone can be liquidated by the law of Ukraine before the term, it was created on, according to the Law of Ukraine "About general principles of Special (Free) Economic Zones establishment and functioning ".
In accordance with the Ukrainian legislation the state guarantees a complete preservation of all property and non-property rights of the investors and subjects of entrepreneurial activity working in Special Economic Zone or on the Territory of Priority Development in case of liquidation of Special Economic Zone or the Territory of Priority Development.
Disputes concerning the liquidation of Special Economic Zone or the Territory of Priority Development between Bodies of management of Special Economic Zones and Territories of Priority Development, subjects of entrepreneurial activity carrying out the business activity in the Special Economic Zone or on the Territory of Priority Development, investors and liquidating commission are settled in the Ukrainian courts, and disputes involving a foreign subject of economic activity are settled in courts as agreed by the parties as well as in foreign courts.
This Law comes into effect from the date of its publication, except for Part 4 of the Article 3 of this Law inthe part referring to the territories of the priority development in their administrative - territorial regions of the cities Druzhkovka, Zugres, Ilovaysk, Khartsizsk, Starobeshevskiy district and Shahtiorsk district, and also item "b" of Part 2 of the Article 14 in the part stipulating the size of the investments for small enterprises, which will come into effect since January 1, 2003. (Part 1 of the Article 20 in edition of the Law ¹ 3036-III (3036-3) dated 7.02.2002).
The Ukrainian Cabinet of Ministers has:
to provide the development and introduction of control system for purpose usage of raw-materials, materials, equipment and facilities imported into Ukraine for the investment projects implementation in the territories of Priority Development in the Donetsk Region in a month term;
to draw up a standard contract between the body of governing and investor concerning the investment projects implementation in priority kinds of economic activity in the territories of Priority Development in the Donetsk Region, stipulating the investor's liabilities concerning the re-investment of part of non-residents' profits released from taxation and dividends paid to the investor by subjects of entrepreneurial activity implementing the investment projects, into development of enterprise activity and social infrastructure of the Territory of Priority Development in a month term.
to submit the offers concerning the setting of legislative acts in accordance with this Law in 3 months term;
to set its normative acts in accordance with this Law.