The new mechanism for importing humanitarian aid to Ukraine: legal snapshot

Humanitarian aid from donors passed through Ukraine’s customs border based on a declaration filled out by the person transporting the relevant goods without applying any customs formalities.

Goods were recognized as humanitarian aid based on the declarative principle without requiring a special decision (i.e. without adopting relevant decisions by specially authorized state authorities on humanitarian aid). However, the state could not properly control the further use and distribution of the aid, which caused a lot of manipulations and misuse of the aid.

In this connection, the government introduced measures to avoid corruption risks and provide more transparency to aid importing procedures. This mechanism aims to help the government regulate the flow of humanitarian aid and its content and direct it to those who need it.

The new procedure for importing and accounting for humanitarian aid came into force on December 1, 2023. The process became paperless on March 1, 2024. 

Who can bring humanitarian aid to Ukraine now?

According to the new regulation, only recipients are authorized to import humanitarian aid into Ukraine.

The recipients of humanitarian aid shall duly incorporate a legal presence in Ukraine with a defined line of charter activity as a non-profit organization. Foreign charitable organizations whose representative offices are accredited in Ukraine can also become recipients. Recipients can also be non-profit state or communal institutions, local self-government bodies, and social service providers. Thus, individuals are not able to receive humanitarian aid.

Under what conditions can a recipient import humanitarian aid to Ukraine?

To ensure transparency, humanitarian aid can only be imported to Ukraine by recipients authorized in the Unified Register of Humanitarian Aid Recipients (hereinafter “the Register”). Nowadays, more than 8,000 organizations are duly authorized in the Register. This Register serves as a reliable source of information, providing a secure and verified list of humanitarian aid recipients. 

In general, authorization in the Register is straightforward. Meanwhile, the head of the recipient organization shall possess an electronic digital signature issued by an authorized Ukrainian provider to complete the registration in the system. This requirement is essential and should be duly acknowledged, as the process is ensured in electronic form.

Upon registration, the recipient organization obtains a personal electronic cabinet.

In order to import humanitarian aid, the recipient shall form a list of the respective goods in the form of a declaration and submit it through the electronic cabinet.

A unique code for humanitarian aid will be formed upon filing the declaration. This code will be the primary condition at the border during the humanitarian aid import formalities.

Reporting requirements

The recipient of humanitarian aid is responsible for providing timely reports regarding its distribution and is liable under the legislation for violating these rules.

Upon humanitarian aid distribution, the recipient shall form a report in the Register stating where and who received the aid without a detailed address for security purposes.

Humanitarian aid recipients in Ukraine shall report on the use of the aid by the 15th of the month following the importation of the goods but no later than 90 days after its importation. While most of this reporting is automated, recipients shall manually enter information about aid shipments that remain in warehouses, are spoiled, or were not accepted due to inadequate quality.

If a report is not submitted within 90 calendar days from the date of customs clearance of declared humanitarian aid, the aid is considered unaccounted for and not used for its intended purpose.

If reporting requirements are violated, the recipient may lose its status as a recipient of humanitarian aid for three to six months, depending on the severity of the violation.

Humanitarian assistance 2.0

The Ukrainian government is working on improving reporting processes and developing IT tools to harmonize the internal CRM systems of humanitarian aid recipients with the official Register, simplifying the reporting process.

Implementing these tools helps the government and recipients understand Ukraine’s specific needs, ensuring the judicious distribution of humanitarian aid.

A new, innovative mechanism now governs the import of humanitarian aid into Ukraine, exclusively allowing registered non-profit organizations to participate. This cutting-edge, paperless system requires digital declarations and prompt distribution reports, enhancing transparency and efficiency. Recipients must adhere to timely reporting, ensuring aid reaches those in need immediately. Advanced IT tools will further streamline the process, harmonizing recipients’ internal systems with the Register and making the entire aid distribution process more effective and accountable. This transformation mitigates corruption risks and significantly boosts Ukraine’s capacity to manage and distribute humanitarian aid efficiently.

If you need legal advice, please fill out the form below to request it.