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09.10.2007

There are two types of bills used in foreign trade transactions, namely an invoice and a proforma-invoice. We are currently involved in a dispute regarding the validity of an invoice.  Let us assume that on 1 February we submitted an invoice for the payment for goods to a buyer in Ukraine. The invoice stipulates that the settlement shall be made within 30 days. The payment was made on 20 February. The goods shall be shipped within 30 days from the date the payment was received. The goods were shipped on 7 March. The declarant claims that the invoice is invalid as its validity expired and thus cannot used for the customs clearance of an export shipment. Is it really so? The validity refers to payment rather than shipment. Can the same invoice be used for the customs clearance or should an invoice with a different date be provided? Can I pay for the goods on the basis of a proforma-invoice?

1. We believe that you should use the invoice on the basis of which the payment was made regardless of its validity. 
If the declarant says otherwise, he should quote specific provisions.

2. you can pay for the goods on the basis of a proforma-invoice as in this regard it is little different from the invoice.

Ilya Latyshev
www.ILAT.info

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