To return to the main
Ukrainian export controls entry, see the Export Control
Overview
file.
Cabinet of Ministers Decree No. 244, On
Amending Cabinet of Ministers Decrees on Matters of State Export Control,
14 March 2001
This decree recommends that sales contracts contain the following
information: purpose and place of use of the items; the end user
of the items; quantity of items; a commitment from the foreign buyer not to
re-export or transfer items to a third party without the written permission
of the exporter and of the State
Service for Export Control; and a commitment from the foreign buyer
to provide a certificate of receipt or other document from an authorized
government body in the country of destination.[1,2]
Cabinet of Ministers
Decree No. 197, On Amendments and Addenda to the Statute on Procedures
for Controlling the Export, Import, and Transit of Missile Technology
Goods and Equipment, Materials, and Technologies That Are Used
for the Creation of Missile Weapons, 28 February 2001
This decree amends Cabinet
of Ministers Decree No. 563 of 27 July 1995, which consists of one of
the country's five national control lists.[1,2]
Cabinet of Ministers Decree No. 196, On
Amendments and Addenda to the Statute on Procedures for Controlling the
Export, Import, and Transit of Nuclear Related Goods that Can Be Used to
Create Nuclear Weapons, 28 February 2001
This decree amends Cabinet
of Ministers Decree No. 302 of 12 March 1996, which consists of one of
the country's
five national control lists.[1,2]
Presidential Edict No.
868, On Measures to Enhance the Effectiveness of Military and Technical
Cooperation between Ukraine and Foreign States, 8 July 2000
This edict liquidates the Commission on Export Control Policy and
Military-Technical Cooperation with Foreign States and replaces it
with the Committee for Policy on
Military-Technical Cooperation and Export Control.[1,2] The
committee's responsibilities include the following: (1) submitting
recommendations and proposals to improve the country's export control
system; (2) introducing bans on the export, import, and transit of goods
subject to export control to comply with Ukraine's international
nonproliferation obligations; (3) solving problems related to the
international transfer of goods; and (4) fostering military and technical
cooperation with foreign states and others.[2]
Cabinet of Ministers
Decree No. 651, On the Statute of the State Service for Export Control,
12 April 2000
This decree outlines responsibilities for
the State Service for Export Control.
These include the following: (1) issuing permits or providing
decisions for the international transfer of controlled goods; (2)
negotiating contracts for the export of military or dual-use goods to
states for which there is a partial embargo; (3) reviewing export control
documents; (4) making decisions on the revocation or suspension of
licenses; (5) issuing import certificates guaranteeing that goods will be
used for declared purposes; (6) registering
companies and individuals involved in the international transfer of
controlled goods; and (7) drafting legislative and regulatory acts related
to export control.[1,2]
Cabinet of Ministers
Decree No. 473, On the Establishment of the State Service for Export
Control, 10 March 2000
This decree replaces the State Service for Export Control of Ukraine
with the State Service for Export Control (SSEC).
The State Service for Export Control is part of the
Ministry
of the Economy.
Presidential Edict No.
861, On the Procedure for Establishing (Withdrawing) Restrictions on
the Export of Goods in Accordance with Ukraine's International Obligations,
15 July 1999
Cabinet of Ministers
Decree No. 1042, On Changes and Amendments to Decrees of the Cabinet of
Ministers on Issues of State Export Control, 15 June 1999
Cabinet of Ministers
Decree No. 920, On the Statute on the Procedure for Issuing Guarantees
and for State Monitoring of International Transfers of Military Goods and
Dual-Use Goods, 27 May 1999
Presidential
Edict No. 422/99, On Measures to Improve Military and Technical
Cooperation between Ukraine and Foreign Countries, 21 April 1999
This edict outlines broad governmental regulatory powers over military
and technical cooperation, which includes the export
and import of military-related goods, including marketing, mediation, brokerage, agency, cosigning and legal services.
Coordination of and control over activities of participants in
military and technical cooperation is carried out by the
Council
on National Security and Defense of Ukraine, the
Committee
for Export Control Policy and Military and Technical Cooperation with
Foreign Countries, and the Cabinet of
Ministers of Ukraine.
Presidential Edict No.
283/99, On Amendments and Addenda to Presidential Edicts
No. 1279
of 28 December 1996 and No. 117 of 13 February 1998, 26 March 1999
This edict clarifies the role of the
State
Service for Export Control of Ukraine as the authority on matters of export control. The State Service for Export
Control of Ukraine, in
coordination with other ministries and government entities, is responsible
for creating control lists. Control lists are reviewed by the
Commission for Policy on Export Control and Military-Technical
Cooperation and approved by the Cabinet of Ministers. Lists are to be
reviewed at least twice annually. Edict 283/99 also clarifies
actions taken against exporters who violate export control procedures.
Presidential Edict No 254/99, On
Regulations on the Commission for Policy on Export Control and
Military-Technical Cooperation with Foreign States, 16 March 1999
Presidential Edict No.
121/99, Issues of Military-Technical Cooperation with Foreign Governments, Export
Control, and Military Industrial Policy, 4 February 1999
This edict changes the name of the Commission on Export Control Policy to the
Commission
for Policy on Export Control and Military-Technical Cooperation with
Foreign Countries.[1] The edict moves the commission from the
joint jurisdiction of the President and the Cabinet of Ministers to the
sole jurisdiction of the President through the
National
Security and Defense Council.[2]
The commission is made up of the following
individuals:
According to experts at the
Center for
International Trade and Security, the reorganization of
the commission was likely due to the following reasons: (1) the
commission was subordinate to both the President and the Cabinet of
Ministers, creating confusion and possibly leading to a series of scandals
in the 1990s in which Ukraine was accused of exporting weapons to countries
in conflict; and (2) the commission had assumed much of the
day-to-day licensing authority that had once belonged to the State Service
for Export Control of Ukraine.[2]
Cabinet of Ministers
Decree No. 1320, On Amendments and Addenda to the Statute on the Procedure for Controlling
the Export,
Import, and Transit of Certain Items, Equipment, Materials, Software, and Technologies, 18 August 1998
This decree makes changes and amendments to Cabinet of Ministers Decree
No. 1005 of 22 August 1996.
Cabinet of Ministers
Decree No. 838, On the Statute on the Procedure for Granting Foreign
Economic Agents the Right to Export and Import Military Goods and Goods
Containing Information Constituting a State Secret, 8 June 1998
Presidential Edict No.
117/98, On the Statute of State Export Control in Ukraine, 13
February 1998
This edict outlines in a comprehensive manner the
objectives of and procedures for the country's export control system.
The edict requires potential exporters to seek permission from the
State
Service for Export Control of Ukraine before engaging in contract
negotiations with a foreign partner. Paragraph 14 introduces a
catch-all provision, requiring exporters to inform the State Service for
Export Control of Ukraine if it becomes known that the items intended for
export may be used to produce weapons of mass destruction (WMD), means for
WMD delivery, or conventional weapons, whether or not the items are
included on control lists.[1,2] This edict is seen as a temporary document until the Verkhovna Rada
passes the
Law on Export Control.[3]
Cabinet of Ministers
Decree No. 1358, On the Statute on the Procedure for State Monitoring
of International Transfer of Dual-Use Goods Contained on Control Lists,
8 December 1997
This decree lists conventional weapons and related technologies, the
export of which requires a license. This is one of
five national
control lists.[1,2]
Cabinet of Ministers Decree
No. 1217, On the Government Commission for Export Control Policy,
10 November 1997
This decree defines the responsibilities of the Government Commission
for Export Control Policy. Its primary responsibilities include
introducing restrictions and bans on the export, import, and transit of
goods; granting permits for international trade of military equipment,
missile technology, and materials that could be used in the creation of a
nuclear or chemical weapon; ensuring compliance with international export
control obligations; and analyzing tendencies in the trade of military and
dual-use goods.
Cabinet of Ministers Decree
No. 771, On Ensuring the Activities of the State Export Control Service
of Ukraine, 18 July 1997
Cabinet of Ministers Decree
No. 767, On Approving the Regulations on the Procedures for Conducting
Examinations in the Area of Export Control, 15 July 1997
This decree outlines the procedure for obtaining
an export license.[1] In order to obtain an export license, an exporter
must submit an application and required documents to the
State Export Control
Service of Ukraine. The State Export Control Service of Ukraine
then consults with ministries and departments on applications to export
conventional weapons and dual-use goods and technologies. The State Export Control Service
of Ukraine decides whether
or not to grant a license after considering the conclusions of an
interdepartmental examination. Problems relating to the granting of
licenses are referred to the
Government Commission for Export Control Policy (GCECP).[2]
Presidential Edict
No. 433, On the Statute of the State Export Control Service of Ukraine,
14 May 1997
This decree outlines the responsibilities of the
State Export Control Service of
Ukraine,
which was created by Presidential Decree No. 1279 of
28 December 1996. According to this decree, the State Export Control
Service of Ukraine is the central executive body for the country's export control
system and is subordinate to the Cabinet of Ministers. It is charged
with the following responsibilities:
- organizing and implementing Ukraine's
export control system out of national security interests and
observance of international nonproliferation commitments;
- implementing measures to protect state
interests in the area of export controls;
- resolving questions arising from potential
exports of controlled goods;
- registering companies and individuals
engaged in the export or import of controlled items;
- developing draft legislation and regulations related to export control;
- creating an automated export control
system;
- implementing cooperation with export control
bodies of foreign countries and with international export control
regimes;
- drafting materials for examination by the
Government
Commission for Export Control Policy.[1,2]
Presidential Edict No.
423, On the Statute on the Procedure for Issuing Permits for
Transferring Information Constituting a State Secret to Another State and
the Material Carriers of Such Information, 13 May 1997
Cabinet of Ministers Decree
No. 384, On the Procedures for Controlling Exports, Imports and Transit
of Goods Which May be Used in the Production of Chemical, Bacteriological
and Toxin Weapons, 22 April 1997
This decree supersedes Cabinet of Ministers
Decree No. 159 of 4 March 1993. The decree serves as one of the country's
five
national control lists. The list includes chemical and biological
(bacteriological) goods, including chemicals, equipment, and technology
that can be used to create chemical weapons. In addition, it lists
infectious agents (pathogens), fragments of genetic material, equipment, and technology that can be used to create biological and/or
toxin weapons.
Cabinet of Ministers
Decree No. 125, On the Statute on the Procedure for State Monitoring of
Negotiations Involving the Conclusion of Foreign Economic Agreements
(Contracts) on International Transfers of Military Goods and Dual-Use
Goods, 4 February 1997
This decree stipulates measures for monitoring negotiations
between exporters and foreign companies regarding contracts for the export
of military and dual-use items to countries against which a partial
embargo on deliveries of such goods has been imposed.[1,2]
Presidential Edict No. 1279, On Further
Improving State Export Controls, 28 December 1996
Superseding Presidential
Edict No. 3 of 3 January 1993, this decree
transforms the Government Commission on Export Controls (GCEC) and
the State Expert-Technical Committee (ETC), previously the two primary
export control bodies in Ukraine, into the
Government
Commission for Export Control Policy (GCECP) and the
State
Export Control Service (SECS) of Ukraine, respectively.
The GCECP is an interagency group made up representatives from the
Ministry of Foreign Affairs; the Ministry of Foreign Economic Relations
and Trade; the Ministry of Defense; the Ministry of Economics; the
Ministry of Machine-Building, the Military-Industrial Complex and
Conversion; the Ministry of Internal Affairs; the Ministry of
Environmental Protection and Nuclear Safety; the State Security Service;
the National Security and Defense Council; the Center for Strategic
Planning and Analysis of the National Security and Defense Council; the
Cabinet of Ministers; the State Export Control Service; the State Customs
Service; the State Border Guards; the State Committee for the Protection
of Information; and the National Space Agency. The Commission is
responsible for ensuring interagency coordination on export control issues
and for resolving any difficult export licensing issues.[1] Working
meetings of the GCECP are to be held monthly.[2]
The edict also elevates the status of the SECS, moving it out from
under the Cabinet of Ministers and raising it to the level of a State
Committee. The SECS reports directly to the Chairman of the GCECP and to
the Prime Minister. The SECS is responsible for developing and
implementing export control procedures to "support the interests of
national security and uphold the international obligations of Ukraine with
regard to the nonproliferation of weapons of mass destruction."[1]
The need to comply with international
nonproliferation obligations is likely one of the reasons for the changes
outlined in Edict No. 1279. In 1995 Ukraine acceded to the Nuclear
Nonproliferation Treaty and subsequently signed several documents,
including an MOU with the United States on the transfer of missile
equipment and technologies, the BWC Protocol, the CWC, and several IAEA
documents.[3]
http://www.uga.edu/cits/publications/monitor_su_1997.pdf
Presidential Edict, On Establishing
the Ukrainian State Customs Service, 29 November 1996
This edict replaced the Ukrainian State Customs Committee with the
Ukrainian
State Customs Service. The purpose of the restructuring was to
streamline the activities of the customs services in order to focus
resources on current customs priorities. Two of the main priorities are to
increase controls over exports and imports and to deal more effectively
with smuggling operations. Under the new structure, individual customs
houses will report to a regional customs office responsible for two to
three oblasts. The regional customs offices, in turn, will report to the
State Customs Service.
Cabinet of Ministers Decree No. 1247, 9
October 1996
This decree created Ukrspetseksport, a government-run company
that will handle
the export and import of military and dual-use production and services.
Cabinet of Ministers Decree
No. 1005, On Procedures for Controlling the
Export, Import, and Transit of Certain Items, Equipment, Materials,
Software, and Technologies That Can Be Used to Create Weapons, Military or Special Equipment, 22 August 1996[1]
This decree establishes new export procedures and a new export control
list for dual-use goods and technologies, in accordance with the
requirements of the Wassenaar Arrangement.[2,3,4] This
decree serves as one of Ukraine's five national control lists and was
amended by Cabinet of Ministers Decree No. 1320 of
18 August 1998.[1]
Cabinet of Ministers Decree
No. 302, On the Rules and Procedures for the Control of the Export,
Import, and Transit of Goods Which Relate to Nuclear Activities and Can be
Utilized in the Construction of Nuclear Weapons, 12 March 1996
This decree establishes a new control list for Ukraine in the sphere of
nuclear materials and technologies, and is consistent with the guidelines
of the Nuclear Suppliers Group. This decree replaces the control list for
nuclear materials and technologies outlined in Cabinet of Ministers Decree
No. 159.[1] Decree No. 302 serves as one
of the country's five national control lists and was amended by
Cabinet of
Ministers Decree No. 196 of 28 February 2001.[2,3]
http://www.ntc.kiev.ua/sec/index.html
Cabinet of Ministers Decree
No. 993, On the Distribution of Functional Duties of the Administration
of the Cabinet of Ministers of Ukraine, 11 December 1995
This decree specifies that the activities of the
Expert-Technical
Committee are directly controlled and coordinated by a Vice-Prime
Minister of Ukraine.
Cabinet of Ministers Decree
No. 563, On the Rules and Procedures for Control of the Export, Import,
and Transit of Missile Technologies, Related Equipment, Materials, and
Technologies, 27 July 1995
This decree establishes a new control list for Ukraine in the sphere of
missile technologies, and is consistent with the guidelines of the Missile
Technology Control Regime. This decree replaces the control list for
missile technologies outlined in Cabinet of Ministers Decree
No. 159.[1] This is one of
five national
control lists. Amendments and addenda were made in Cabinet of
Ministers Decree No. 197 of 28 February 2001.[2]
http://www.ntc.kiev.ua/sec/index.html
Law on Use of Nuclear
Energy and Radiation Safety No. 39, 8 February 1995
There are three articles in Section 15 that address the issue of
nuclear export controls: Article 84, "General principles of realizing
the export and import of nuclear facilities, equipment and technologies,
nuclear materials and radiation sources, and special non-nuclear materials
and items in the area of nuclear energy utilization;" Article 85,
"Conditions for realizing the export and import of nuclear
facilities, equipment and technologies, nuclear materials and radiation
sources, and special non-nuclear materials and items in the area of
nuclear energy utilization;" and Article 86, "Conditions for
realizing the export and import of radiation sources."[1,2]
Cabinet of Ministers Decree
No. 734, On Liberalization of Export Operations, 24 October 1994
This decree establishes a list of goods that fall
under quota and licensing regulations as well as sizes of such quotas.
Presidential Edict No.
448, On Improving the
Order of the Sale of Military Property, 12 October 1993
This edict establishes that the Cabinet of Ministers is to determine
those organizations that will have the exclusive right to sell weapons,
military hardware and military property. The proceeds of such sales are to
be put into a fund, which the State will use to "strengthen the
defense ability of Ukraine."
Cabinet of Ministers Decree
No. 779, Statute of the Expert-Technical Committee of the Cabinet of
Ministers of Ukraine, 21 September 1993
This decree further implements the changes outlines in Presidential
Edict
No. 3, and approves the statute of the Expert-Technical
Committee (ETC). The responsibilities of the ETC as explained in
Section II, Administrative Bodies, include
implementation of appropriate state control over exports/imports of controlled
items and facilitating interagency coordination of export control
issues. As the working body for the
Government
Commission on Export Controls (GCEC), the ETC prepares documents for
discussion at GCEC meetings, implements GCEC decisions, creates and
maintains control lists, evaluates export/import license applications, and
develops proposals on granting or lifting privileges to export controlled
items.[1,2] Ukrainian export control experts consider 21 September
1993 as the official birthday of the country's export control system.[3]
http://www.ntc.kiev.ua/sec/index.html
Cabinet of Ministers Decree
No. 160, On Improving State Control Over the Export/Import of Weapons,
Military Hardware, and Materials Which Could Be Used in Their Production,
4 March 1993
This decree implements Presidential Decree No. 3, creating the
GCEC
and the ETC. The decree approves
the statute of the Government Commission on Export Controls, setting forth its
responsibilities and obligations in the sphere of export control policy
and procedures.
Cabinet of Ministers
Decree No. 159, On Creation of a List of Raw Materials,
Materials, Equipment and Technologies Which Require Special Permission for
Export, 4 March 1993
This decree approves control lists prepared by the Cabinet of Ministers
for raw materials, materials, equipment and technologies which could be
used in the production of weapons and military hardware. The control lists
fulfilled the requirement set by Verkhovna Rada decree No.
2728-KhP, but did not take into account the specific guidelines of the
multilateral, international nonproliferation control regimes. Parts of
these lists were subsequently superseded by a Cabinet of Ministers Decree
from July 1995, which established a control list for
missile technologies, and a Cabinet of Ministers Decree from March
1996, which established a control list for nuclear materials and
technologies.
Presidential Edict
No. 3, On Improving State Export Control, 3 January 1993
This edict supersedes Cabinet of Ministers Decree No.
153. It transforms the Government
Expert-Technical Commission (GETC) into the
Government
Commission on Export Control (GCEC). It also creates the
Expert-Technical
Committee (ETC) under the Cabinet of Ministers. The commission
includes heads of all ministries and government agencies involved in the
export of controlled goods. The role of the GCEC is to
provide for proper control over the export and import of weapons-related
goods and to fulfill Ukraine's international obligations regarding the
nonproliferation of weapons of mass destruction. In particular, the GCEC
was tasked with resolving licensing and quota issues. The ETC was
established as a working secretariat for the GCEC.[1,2] According to experts from the
Scientific
and Technical Center on the Export and Import of Special Technologies,
Hardware, and Materials, the GETC was replaced with the
GCEC because the former's status as an advisory body did not provide
sufficient flexibility for the handling of export control matters.[3]
Verkhovna Rada Decree
No. 2728-XII, On Creation of a List of Raw Materials and Materials Not
Permitted for Export, 26 October 1992
This decree instructs the Cabinet of Ministers of Ukraine to develop and
approve a list of weapons-related goods the export of which requires a
special permit from authorized state organs. According to the decree, the
list should include raw materials, materials, equipment and technologies
which could be used in the production of weapons and military hardware.
Verkhovna Rada Decree
No. 2471-KhP, On the Right of Possession of Certain Types of Materials, 17 June 1992
This decree is an addendum to the Law on Property of Ukraine (No.
697-KhP), and states explicitly that citizens and legal entities of
foreign states cannot own certain types of property on the territory of
Ukraine. Types of property noted in this decree include: weapons,
ammunition, special military wares, space-missile complexes, explosives,
explosive devices, and all types of rocket fuel.
Cabinet of Ministers
Decree No. 153, 23 March 1992
This decree creates the Government
Expert Technical Commission, headed by the Ministry of
Machine-Building, Military-Industrial Complex, and Conversion. The
commission is responsible for drafting export control laws and licensing
arms exports.[1,2]
Law On Foreign Trade
Activities, No. 959-KhP, 16 April 1991
Article 16, Introduction of Licensing and Quotas for Foreign Trade
Operations, gives a detailed explanation of the licensing and quota
regime, and outlines the cases in which a company or enterprise would
require an export license from the Ministry of Foreign Trade. The
licensing and quota requirements appear to be motivated by the desire to
protect domestic markets. Abiding by international nonproliferation
norms is not included in the list of reasons for requiring an export
license. Article 20, Anti-Monopoly Measures in the Foreign Trade
Activity Sphere, states that the export and import of certain goods
(including nuclear materials, equipment and technologies, and products,
technologies and services used for manufacturing weapons or military
hardware) may be conducted only by entities expressly authorized by the
Ukrainian state.
Law on Enterprises in Ukraine, No. 887-KhP,
27 March 1991
Article 8, Licensing of Types of Activities, states that certain types
of activities require a license. Article 25, Foreign Trade Activity of
Enterprises, states that enterprises conduct foreign trade
independently, but are regulated by the laws of Ukraine.
Law on Entrepreneurship, No. 698-KhP, 7
February 1991
Article 4, Limitations on Conducting Entrepreneurial Activities, states
those types of entrepreneurial activities which can be carried out
exclusively by the Ukrainian state. These activities include the
production of weapons and explosive substances.
Law On Property, No. 697-KhP, 7 February
1991
Article 34, Objects of All-State (Republican) Property Rights, notes
specifically that Ukrainian state property includes the property of the
Armed Forces; the state security, border and internal troops; defense
objects; and property of state enterprises.
.
Law on Economic Independence, No. 142-KhP,
3 August 1990
Article 12, External Economic Activities and Interrepublican Relations,
includes a statement that the Government of the "Ukrainian SSR"
is responsible for developing a list of goods, the import and export of
which are regulated by quotas and licenses. The article also states that
the Ukrainian SSR "independently creates its own customs
system." Note that this law was passed before the dissolution of
the Soviet Union.
Declaration of State Sovereignty of Ukraine, No.
55-KhP, 17 July 1990
Article 6, Economic Independence, states that all natural resources, as
well as the economic, scientific and technical potential of the country,
are the property of the Ukrainian people.
Last updated 1 May 2002
Comments or questions?
Contact Kenley Butler at MIIS CNS:
Kenley.Butler@miis.edu
This material is produced independently for NTI
by the Center for Nonproliferation Studies at the
Monterey Institute of International Studies and
does not necessarily reflect the opinions of and has
not been independently verified by NTI or its directors, officers,
employees, agents. Copyright © 2002 by MIIS.
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