Parliament is considering a draft law that would ban use of cell phones not registered in Ukraine, a move that could cause headaches for foreigners wanting to stay in the country for more than three months and use their devices.
The draft law is aimed at curtailing imports of “gray” phones, brought into the country without payment of import duty.
It is currently under consideration by parliament’s Committee on Transport and Communications ahead of the first reading, which could take place in February.
It is still not clear whether the draft law will affect already existing gray subscribers – around one million, or 1 percent of all cell phones – as it is still in the development process. One of the options being considered is to grant amnesty to the existing gray users.
If the proposed law is passed, anyone bringing a phone from abroad will have to register it with the Ukrainian State Center of Radio Frequencies, or face having it shut off after three months.
This is the second time the authorities are trying to ban operation of such gray mobile phones. In 2009, the National Commission for State Regulation of Communications passed regulations obliging mobile operators to shut off illegally imported phones. To identify the devices, a database was created with “white” and gray lists of legally and illegally imported phones.
Mobile operators then refused to shut off substantial number of their subscribers citing the law on telecommunications, which contains no provision for shutting off phones.
The new law, which proposes amendments to the law on telecommunications, is the latest attempt to force the changes through.
“The new bill is the last step in a process that has lasted for over three years,” said Yuriy Honcharuk, an adviser to lawmaker Vitaliy Korzh, a co-author of the draft law.
With the database of IMEI codes – a cell phone’s identification number – containing legal and illegal phones already in place, all that remains is for the draft law to be passed. Then, mobile operators would be forced to comply.
The new law would also most probably affect foreigners staying in Ukraine for more than three months. They would have to register their mobile phones with the Ukrainian State Center of Radio Frequencies by sending the phone’s details and a customs declaration form to the state body. More detailed information is available at www.ucrf.gov.ua.The requirement to register does not include foreigners using roaming.
“As for shutting off gray subscribers – this is normal practice used in European Union countries,” Honcharuk said. “This way the government not only regulates legal imports and payment of taxes, but this also protects rights of users.” The new law would allow mobile operators to shut off cellphones reported as stolen by their owners.
Oleh Prozhyvalsky, corporate management and control director at Ukraine’s second largest mobile operator MTS, said the draft law would most likely contain an amnesty for phones bought before it takes effect, if passed.
“It would be a headache to deal with all the clones and importers of gray phones,” he said, given the large number already in use.
Oleksiy Didkovskiy, managing partner at Asters law firm, said lawmakers may not pass the bill soon.
“Customers are likely to negatively perceivethe introduction of mandatory locking of the ‘gray’ handsets. And taking into account the upcoming parliamentary elections, lawmakers might be reluctant to introduce the changes, as [they] are presently focused on gaining favor among the voters,” Didkovskiy said.
Kyiv Post staff writer Maryna Irkliyenko can be reached at [email protected]
