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Definition of export control in Ukrainian legislation:

State export control is a set of measures performed by the specially authorized state export control body of executive branch and other state bodies aimed at exercising state control over international transfers of goods and their use by legal entities or individuals with the purpose of protection of national security interests and compliance of Ukraine with its international commitments.

 

State policy in the area of export controls is based on the following main principles:

-        lawfulness;

-        full compliance with Ukraine's international commitments of non-proliferation of weapons of mass destruction and means of their delivery, state control over international transfers of military and dual-use goods, and prevention of the acquisition of the mentioned goods by terrorist groups as well as by individual terrorists or otherwise with illegal purposes;

-        priority of national interests of the state — political, economic and military, whose protection is necessary for providing national security;

-        application of export controls only to the extent needed to ensure achievement of its goals;

-        harmonization of procedures and rules of state export control with international legal norms and practice;

-        interaction with international organizations and foreign countries in the area of export control for the purpose of strengthening international security and stability, in particular, by means of countering proliferation of weapons of mass destruction and means of their delivery.

 

Legal basis

 

The legal basis for state export control is formed by the Constitution of Ukraine, Law of Ukraine "On State Control of International Transfers of Goods Designated for Military Purposes and Dual-Use Goods" and other Laws of Ukraine, acts by the President of Ukraine and the Cabinet of Ministers of Ukraine, other regulatory acts, as well as, international treaties and agreements to which Ukraine is a party.

 

Legal Basis in the area of State Export Controls

 

Level3                             

Decrees ofthe Cabinet of Ministers ofUkraine:

dated15.07.1997 №767 -onthe procedures for making examination in the area of export controls

dated04.02.1998№125 -on theprocedures for conducting negotiations

dated08.06.1998 №838 -on the procedures for granting authorities

dated27.05.1999 №920 -on the procedures for control over the use ofgoods subject to export control for stated purposes

dated12.07.1999 №1228 -ongranting authorities to export/importmilitary goods

dated 17.07.2003 №1080 -onthe approval of the Procedures for state certification of the internal    compliance system, established by theentities dealing with international transfers of goods

dated28.07.2003 №1166 -on the approval of procedures for payment and itsamount for issuing documents in the sphere of state export controls

dated20.11.2003 №1807 -on the procedures for execution of control overinternational transfers of military goods

dated28.01.2004 №86 -onthe approval of Procedures for execution of state control overinternational transfers of dual-use goods

dated13.06.2007830 –on the approval of the Rules and Regulations of the State Service ofExport Control ofUkraine

 

Instructions of the Cabinet of Ministers ofUkraine:

dated20.11.2003 № 690 -about the improvement of mechanism of the controlover the air transportation of military and dual-use goods

Подпись: Level 1
 
 

Подпись: Level 2                                   
 Decrees of the President of Ukraine :
dated 15 July 1999,  № 861 - on the procedures to impose/lift the restrictions on export of goods
dated 27 December 2001, №1265 - on the State Service of Export Control of Ukraine
dated 20 March 2002, №276 - on Dividing out Authority between Central Bodies of  Executive Power in the area of Military and Technical Cooperation with Foreign States 
dated 17 April,  2002,  № 342 - on the Competence of the State Service of Export Control  of Ukraine
dated 8 July 2002, № 627 - on decision made by the National Security and Defense Council dated 12 June, 2002 “On state of the implementation of the Presidential Decree dated 3 September, № 792, and adherence of Ukraine to international obligations in the area of international transfers of military and dual-use goods”
dated 28 August  2003, № 913 - on Conception of Military and Technical Cooperation of Ukraine with Foreign States for the period up to 2010
dated 25 December  2003, № 1488 - on measures to put in order  the Activities related to International Air Transportation of Military and Dual-Use Goods
dated 14 December 2004, № 1483 - on Some Issues of Transfer of the State Secret to Foreign State or International Organisation
dated 5 March 2007, № 180 – on Interdepartmental Commission for Policy in area of Military and Technical Cooperation and Export Control

 

Подпись: Level 3                               
Decrees of the Cabinet of Ministers of Ukraine:
dated 15.07.1997 №767 - on the procedures for making examination in the area of export controls
dated 04.02.1998 №125 - on the procedures for conducting negotiations
dated 08.06.1998 №838  - on the procedures for granting authorities 
dated 27.05.1999 №920 - on the procedures for control over the use of goods subject to export control for stated purposes
dated 12.07.1999 №1228 - on granting authorities to export/import  military goods
dated 17.07.2003 №1080 - on the approval of the Procedures for state certification of the internal      compliance system, established by the entities dealing with international transfers of goods
dated 28.07.2003 №1166 - on the approval of procedures for payment and its amount for issuing documents in the sphere of state export controls
dated 20.11.2003 №1807 - on the procedures for execution of control over international transfers of military goods
dated 28.01.2004 №86  - on the approval of Procedures for execution of state control over international transfers of dual-use goods
dated 13.06.2007 № 830 – on the approval of the Rules and Regulations of the State Service of Export Control of Ukraine

Instructions of the Cabinet of Ministers of Ukraine:
dated 20.11.2003 № 690 - about the improvement of mechanism of the control over the air transportation of military and dual-use goods

 

Ukraine is a party to:

-        Treaty on the Non-Proliferation of Nuclear Weapons (ratified by Ukraine in 1994);

-        Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (ratified by Ukraine in 1998);

-        Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction (ratified by Ukraine in 1994);

-        Comprehensive Nuclear Test-Ban Treaty (ratified by Ukraine in 2000).

 

 

 


Announcement regarding the seminar: "The Features of Internal Compliance System (ICP)"
The Verkhovna Rada (The Parliament) of Ukraine has registered bills aimed at the further improvement of the national export control system
Results of the Round Table on "Improvement of legislation in the sphere of export control"