Commentary on import into Ukraine the REFs and RDs which do not need permissions of the UCRF
Pursuant to p.2 of Article 29 of the Law of Ukraine on Radio Frequency Resource of Ukraine National Commission for Communications Regulation of Ukraine (further – the NCCR) by its Decision № 51 of 04.02.2010 registered by Ministry of Justice of Ukraine as № 162/17457 of 15.02.2010 approved the List of REFs and RDs (further – List) import of which and their forwarding by means of international mail and international express mail is carried out without permissions. Since many people have questions concerning interpretation of some List’s provisions we propose to our web-site visitors a commentary upon specified normative act within the UCRF`s competence.
This List specified by the NCCR includes description and quantity of the REFs and RDs with their codes according to the UGCFEA to be permitted to import, post or forwarding across the border into Ukraine including those forwarded by means of international mail and international express mail without drawing up permission to their import granted by the UCRF.
When importing, forwarding or transporting across the border into Ukraine the REFs and RDs in quantity more than identified in the List (including those forwarded by international mail and international express mail) it is necessary to draw up permissions to their import in Ukraine. These permissions are issued by the UCRF according to the Statute of issuing permissions to import into Ukraine the REFs and RDs (approved by the NCCR Decision № 1338 dated 05.02.2009, registered by Ministry of Justice of Ukraine as № 242/16258 dated 17.03.2009). In compliance with this List it is allowed to import in Ukraine not more than two cellular radio telephones (mobile phones). In this case the special attention should be drawn to the necessity of these terminals IMEI registration. The Statute concerning the REFs and RDs import procedure has some peculiarities relative to mobile telephones. Mobile telephones IMEI should be registered into generalized data base maintained by the UCRF. The reason of that is the compliance with License provisions regarding the activity in the domain of telecommunications particularly rendering of services in mobile telephone communications with right to telecommunications networks maintenance and operation and also providing into use telecommunication channels (approved by the NCC Decision № 1398 of 12.03.2009 and registered by Ministry of Justice of Ukraine as № 297/16313 of 02.04.2009). The mobile communications operator should hold to terms of License. The License stipulates that operator provides connection of subscribers` mobile telephones only after their availability verification into generalized IMEI data base. In order to provide registration of IMEI codes of two mobile telephones imported without specific permission according to the List it is necessary to act as follows:
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in crossing the customs border of Ukraine and passing of customs control it is necessary to fill in customs declaration (in column “high-frequency devices”) model name and IMEI code of mobile telephone purchased by the natural person abroad and to be used in Ukraine;
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to submit filled customs declaration in entry point to appropriate customs authority in order to stamp it (a copy of this customs declaration certifies the legitimacy of border crossing and to be submitted to the UCRF);
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to submit together with the copy of customs declaration an application form specified by Annex 11 to Statute of import in Ukraine radio electronic facilities (REFs) and radiating devices (RDs) from abroad.
Before visiting a foreign country or purchasing mobile telephone it is necessary to make sure that the selected model is permitted to usage in Ukraine or entered into Register of the REFs and RDs permitted to utilization on the territory of Ukraine in public frequency bands. You can find this Register at the NCCR web-site www.nkrz.gov.ua. In compliance with Article 25 of the Law of Ukraine On Radio Frequency Resource of Ukraine the application of the REFs and RDs that are not entered into the Register should be approved by the NCCR. Taking the above-mentioned into account the UCRF will not be able to register the IMEI of mobile phone not entered to this Register without the NCCR relevant approval. In the absence of the IMEI code in database, when connecting a mobile phone to a network, an operator according to the License provisions will send SMS alerting of the absence of mobile telephone IMEI in database and switch off this mobile telephone from the network in three months if it is not registered in proper way. It should be noted that when connecting mobile phone its IMEI is entered to so called ”grey List” in the UCRF`s generalized database and temporary switching off or connecting a terminal to other operator do not stop the three months period count. After three months period the IMEI of an unregistered in proper way mobile telephone shall be automatically entered into so called “black List” and its maintenance by an operator shall be stopped.
Also, we pay your attention to peculiarities regarding some of the REFs and RDs determined by the List and do not require permissions. The description of these facilities includes radiation power limitation and definite frequency bands which are used by these devices (for example, CB-band radio station, children’s talk-back facilities etc.). In case of import, post or forwarding from abroad to Ukraine the REFs and RDs, including those sent by international mail or international express mail and if they exceed the power or go beyond the frequency band set forth in the List it is necessary to draw up permissions to import. The permissions are granted by the UCRF.
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