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Historical information

Establishment and development of the national system of export control of Ukraine
(Historical information)

The process of formation and development of Ukraine since independence required a creation of export control system that would reliably protect the interests of the state in the sphere of export/import of special vehicles, provide regulation of foreign economic activity in the sphere of export/import of armament, military equipment, other controlled goods and technology, in order to prevent proliferation of weapons of mass destruction and conventional types of armament.

State's export control system is an interaction of export control institutions and other central bodies of executive power in the joint measures to ensure appropriate control of goods export in accordance with international obligations and guidelines adopted by Ukraine in the field of export control and national security.

The first legislative step towards the creation of an export control system can be considered the Law of Ukraine on Foreign Economic Activity, which was adopted by the Verkhovna Rada (the Parliament) of Ukraine in 1991. According to the Article 20 the export and import of armament, ammunition, military equipment, special components for its production, explosives, nuclear materials, technologies, equipment and other products and services should be exclusively provided by the entities authorized by Ukraine at the state level. Assignment of entities, that authorized to provide the above-mentioned exports and imports, and regulation of relevant export and import operations within the jurisdiction of the Cabinet of Ministers of Ukraine, who coordinates their decisions with the relevant standing committees of the Verkhovna Rada (the Parliament) of Ukraine.

Government control of export almost was established by Decree of President of Ukraine (No 45 dated 20.01.1992) and the Regulation of the Cabinet of Ministers of Ukraine (No 153 dated 25.03.1992), under which the Government expert technical committee was established.

The Commission had the appropriate functions and authority in decision-making process regarding the export and import of certain products of enterprises of military-industrial complex. In accordance with international practice, transfer is controlled in order to prevent the proliferation of weapons of mass destruction and conventional weapons. The main task of the Commission was to create an export control system in our country and promote international cooperation of Ukraine with other countries in this field.

In September 1992 the Verkhovna Rada (the Parliament) of Ukraine supplemented the Criminal Code of Ukraine by the Article about liability for the illegal export of raw materials and equipment for making weapons, military and special equipment.

During the working-year of the Commission, the gained experience in the field of state regulation of international transfers and exploration of relevant international experience revealed the necessity to improve the existing control system, primarily through its intergovernmental character, and that enabled access to the second phase of construction of national export control system in Ukraine.

Due to the fact that the status of the Commission as an advisory body didnt provide sufficient efficiency in matters relating to export control, in accordance with the Decree of President of Ukraine (No 3/93 dated 03.01.1993) On the improvement of national export control the Government expert technical committee was transformed into a Government Commission on Export Control (GCEC) headed by Vice Prime Minister of Ukraine, and also the Expert and Technical Committee under the Cabinet of Ministers of Ukraine was created.

The main functions and tasks of the Government Commission on Export Control and its membership have been approved by the Cabinet of Ministers of Ukraine (No 160 dated 04.03.1993). In accordance with the Regulation on Technical Expert Committee, approved by the Cabinet of Ministers of Ukraine (No 779 dated 21.09.1993), his main task was to ensure Government control over export/import of controlled goods, as well as Ukraine's compliance with international legal norms of non-proliferation of weapons of mass destruction and carriers. His competence was related with issues on export/import of military equipment and goods and dual-use technologies.

September 21, 1993 is the official Day of a national system of export control in Ukraine. Its connected with the adoption of the Regulation of the Cabinet of Ministers of Ukraine No 779.

The Government Commission, headed by Deputy Prime Minister, consisted of the representatives of the Ministry of Foreign Affairs, Ministry of Defense, Ministry of Machinery Industry (Ministry of Industrial Policy), Academy of Sciences, State Committee of Border, State Customs Committee (State Customs Service), Ministry of foreign economic relations, Security Service of Ukraine, Ministry of Internal Affairs, Ministry of Justice, Ministry of Economy, State Nuclear Committee, Ministry of Environmental Protection.

The Cabinet of Ministers on March 4, 1993 No 159 approved the list of commodities, materials, equipment and technologies, that require a special permit to export from Ukraine.

The main support for the creation and development of national export control system in Ukraine was provided by the U.S. Government according to bilateral intergovernmental Agreement between Ukraine and the United States signed December 5, 1993, and then repeatedly prolonged. In the frameworks of this collaboration in 1994 the automated export control system was created. By 1998 the local network has been already deployed.

As a working body of the Government Commission on Export Control, the Committee was responsible for preparing materials that were reviewed by GCEC and monitored the implementation of its decisions. The Committee developed and amended the lists of controlled products, conducted technical, legal and economic assessment of applications for export, developed proposals to empower the subjects of foreign economic activity on the right of trade in controlled goods.

As impulse for further improvement of the state export control system Ukraine signed:

in 1993 the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons (BTWC) (ratified in 1998);

in 1994 the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), the Memorandum of Understanding between Ukraine and the United States on the transfer of missile equipment and technology, individual documents of the International Atomic Energy Agency;

accession to the international export control regimes: Zangger Committee (1996), Nuclear Suppliers Group (1996), Control Regime Missile Technology (1998), Wassenaar Arrangement (1996), Australia Group (2005).

June 11, 1996 issues concerning the activity of the state system of export control and export of armament were considered at the meeting of the National Security and Defense Council of Ukraine. As a result, according to the relevant instructions from the President of Ukraine, further steps to improve the state system of export controls were taken.

According to the Decree of President of Ukraine (No 1279/96 dated 28.12.1996) "On further improvement of national export controls" in order to ensure national security interests, to follow international commitments on non-proliferation of weapons of mass destruction and their carriers, to establish the proper state control over execution international transfers of armament, military and special equipment, certain types of raw materials, equipment and technology that can be used to create weapons, military and special equipment, the Government Commission on Export Control was turned into a Government Commission on Export Control Policy, and Expert Technical Committee under the Cabinet of Ministers - on the State Service for Export Control of Ukraine. The same Decree defined the main tasks of the Service.

In the frameworks of administrative reform and in accordance with the Decree of President of Ukraine (No 1573 dated 15.12.1999) State Export Control Service of Ukraine was eliminated and its functions transferred to the Ministry of Economy of Ukraine.

In order to increase the efficiency of military-technical cooperation of Ukraine with foreign countries the Policy Committee of military-technical cooperation and export control under the President of Ukraine was established by the Decree of President of Ukraine (No 868 dated 08.07.2000). This Committee was responsible for elaboration of proposals and recommendations concerning the conceptual foundations, the priority of the state policy, other issues of military-technical cooperation with foreign countries and export controls, to ensure political, economic and military interests of Ukraine in this area.

On the basis of the relevant tasks adopted by the President of Ukraine, in order to increase the efficiency of national export control and international authority of Ukraine the State Export Control Service of Ukraine was again formed by the President of Ukraine (No 1265 dated 27.12. 2001) as central executive body with special status, which realize the government policy of export controls. The main tasks of this body have been approved by the President of Ukraine (No 342 dated 17.04.02).

In order to optimize the system of central executive bodies and in accordance with the Decree of President of Ukraine (No 448 dated 08.04. 2011) nowadays the activity of the State Service of Export Control of Ukraine is coordinated by the Cabinet of Ministers of Ukraine.

The main objectives of the State Service of Export Control of Ukraine according to the Decree are:

implementation of state policy in the sphere of state control over international transfers of military goods, dual-use goods and other goods not included into the lists of products that are controlled and for which procedures of national export control can be applied (hereinafter - commodities);

protection of national interests and strengthening of the international authority of Ukraine during the state control over international transfers of goods by ensuring compliance with international obligations of Ukraine related to the non-proliferation of weapons of mass destruction, their delivery systems and the limits of conventional weapons to prevent their use in terrorist and other illegal purposes;

promote international cooperation and cooperation with relevant bodies of foreign states and international organizations on non-proliferation and export control.