To return to the main Ukrainian export controls entry, see the Export Control Overview file.

This is an archived file and is not being updated.

This report was prepared by the Center for Nonproliferation Studies of the Monterey Institute of International Studies in January 1997 under a grant from the United States Department of Energy's Office of Nonproliferation and Arms Control. The views expressed in this report are those of the authors alone, and do not necessarily represent the views of the Department of Energy or the United States Government. Updates to this report will be included in future editions of the NIS Nuclear Profiles Database.

1997 REPORT TABLE OF CONTENTS:

Administrative Bodies Cabinet of Ministers Government Commission on Export Controls (GCEC) Expert-Technical Committee (ETC) Ministry of Defense Ministry of Environmental Protection and Nuclear Safety (MEPNS) Ministry of Foreign Affairs Ministry of Machine Building, the Military-Industrial Complex, and Conversion Security Service State Customs Committee State Committee for the Protection of State Borders (Border Guards) Verkhovna Rada (Parliament)

List of Key Legislative and Executive Decrees

Legislative Acts and Executive Decrees Legislative Acts Executive Decrees

Licensing Process

International and Bilateral Agreements

Assessment of the Ukrainian Export Control System

INTRODUCTION

The system of nonproliferation export controls in Ukraine has undergone major changes since its inception in 1992. Early attempts to create a viable export control infrastructure proved largely unsuccessful. The current administrative structure, which consists of the Government Commission on Export Controls (GCEC) and the Expert-Technical Committee (ETC), was established by presidential decree in January 1993. However, according to Ukrainian export control officials, the system was not truly functional until late 1993. The GCEC and the ETC serve the Cabinet of Ministers and according to Ukrainian officials have the rank of a cabinet Ministry. The key organizational player for nuclear exports has been the Ministry of Environmental Protection and Nuclear Safety, ever since the Ukrainian State Committee for Nuclear and Radiation Safety was eliminated in December 1994.
 
Although Ukraine currently lacks a single, comprehensive export control law, the Ukrainian export control system is defined in both laws and executive decrees. There are some 90 different articles in various Ukrainian laws that have some bearing on export controls.[1] A series of executive decrees set forth export control policy, commodity control lists, and the rules and procedures for export licensing. Two of the most important decrees, issued by the Cabinet of Ministers, were signed in late 1995 and early 1996, establishing commodity control lists for missile and nuclear technologies respectively.[2] The lists are consistent with the guidelines for the Missile Technology Control Regime and the Nuclear Suppliers Group. Comprehensive control lists for chemicals, biological material and conventional weapons materials have been drafted, but not yet approved. These lists will be consistent with Australia Group guidelines and the Wassenaar Arrangement, of which Ukraine is a founding member. Ukraine is currently drafting the "Temporary Provision on Export Control in Ukraine." This document will define all Ukrainian export control norms and procedures and eventually will form the basis of a comprehensive export control law.
 
A number of significant personnel changes in Ukrainian export control bodies took place in 1996. Valeriy Shmarov, former Vice-Prime Minister and Minister of Defense, stepped down as Head of the GCEC. He was replaced by Vice-Prime Minister Anatoliy Kinakh in January 1996. In mid-1996, Mr. Kinakh was replaced by State Minister Anatoliy Minchenko as Chairman of the GCEC. Mr. Kinakh reportedly now heads the politically powerful, quasi-governmental organization League of Industrialists and Entrepreneurs.[3] General Volodymyr Tsimbaluk was replaced by General Victor Voschilin as Chairman of the ETC.
 
This report describes the status of export controls in Ukraine as of December 1996. It focuses in particular on the administrative bodies and personnel responsible for export licensing, policy, laws and regulations, and international agreements. Additionally, this report contains a description of the export licensing process, a summary of the international agreements to which Ukraine is a party, and a brief assessment of the effectiveness of Ukrainian export controls. Updates to this status report will be prepared at the end of March and June 1997.
Sources:
[1] Presentation by Ukrainian export control expert, 13 December 1996, Kiev, Ukraine.
[2] Relevant abstracts from these decrees are included in section III, and the full texts are attached as appendices.
[3] CNS discussion with Ukrainian analyst, October 1996.

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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