To return to the main export control legislation entry, see the Ukraine: Export Control Legislation file.

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

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This is an archived file and is not being updated.

The first few laws listed below address issues of property, foreign trade, production and export controls as they relate to sovereignty. Cabinet of Ministers Resolution No. 153 from March 1992 is the first decree which specifically mentions nonproliferation export controls.
 

LEGISLATIVE ACTS

1. Declaration of State Sovereignty of Ukraine, No. 55-KhP, 7/17/90, (EXCERPT), Article VI, "Economic Independence."

Article VI states that all natural resources, as well as the economic, scientific and technical potential of the country, are the property of the Ukrainian people.

2. Law on Economic Independence, No. 142-KhP, 8/3/90, (EXCERPT), Article 12, "External Economic Activities and Interrepublican Relations."

This article 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.

3. Law On Property, No. 697-KhP, 2/7/91, (EXCERPT), Article 34, "Objects of All-State (Republican) Property Rights."

This article 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.

4. Law on Entrepreneurship, No. 698-KhP, 2/7/91, (EXCERPT), Article 4, "Limitations on Conducting Entrepreneurial Activities."

This article 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.

5. Law on Enterprises in Ukraine, No. 887-KhP, 3/27/91, (EXCERPT), Articles 8 and 25, "Licensing of Types of Activities" and "Foreign Trade Activity of Enterprises."

Article 8 states that certain types of activities require a license. Article 25 states that enterprises conduct foreign trade independently, but are regulated by the laws of Ukraine.

6. Law On Foreign Trade Activities, No. 959-KhP, 4/16/91, (EXCERPT), Articles 16 and 20, "Introduction of Licensing and Quotas for Foreign Trade Operations" and "Anti-Monopoly Measures in the Foreign Trade Activity Sphere."

Article 16 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 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.

7. Verkhovna Rada Resolution No. 2471-KhP, 6/7/92, "On the Right of Possession of Certain Types of Materials."

This resolution 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 resolution include: weapons, ammunition, special military wares, space-missile complexes, explosives, explosive devices, and all types of rocket fuel.

8. Law on Additions to the Criminal and Criminal Judicial Codes of Ukraine, No. 2613-KhP, 3/17/92.

This law makes an addition to Article 228-6 of the Criminal Code of Ukraine, specifying the penalties for violating the procedures for control of export of sensitive items. The new language states that illegal export of raw materials, materials, equipment, and technologies which can be used for the production of missile, nuclear, chemical, or other types of weapons, military or special hardware can lead to confiscation of property and from three to eight years in prison.

9. Verkhovna Rada Resolution No. 2728-XII, 10/26/92, "On Creation of a List of Raw Materials and Materials Nor Permitted for Export."

This resolution 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 resolution, the list should include raw materials, materials, equipment and technologies which could be used in the production of weapons and military hardware.

10. Law on Use of Nuclear Energy and Radiation Safety, 2/8/95, (EXCERPT).

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."

EXECUTIVE DECREES

1. Cabinet of Ministers Resolution No. 153, 3/25/92, "On the Formation of a State Export-Technical Commission."

THIS DECREE IS NO LONGER IN FORCE. This resolution created a the State Export-Technical Commission which was to be responsible for the creation and implementation of a national export control system. The purpose of establishing such a commission was to protect the state interest in foreign economic activities as well as to fulfill the "international obligations of Ukraine as to the nonproliferation of weapons of mass destruction." The responsibilities of the Commission included developing control lists, interacting with international organization and foreign states on export control matters, carrying out procedures for licensing and quotas, and participating in international negotiations and consultation on matters of export control and nonproliferation of weapons of mass destruction. This decree has been superseded by Presidential Decree No. 3.

2. Presidential Decree No. 3, 1/3/93, "On Improving State Export Control."

This decree supersedes Cabinet of Ministers Resolution No. 153, and instructs the Cabinet of Ministers to establish the Government Commission on Export Controls (GCEC) and its executive arm the Expert-Technical Committee (ETC) of the Cabinet of Ministers of Ukraine. 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.

3. Cabinet of Ministers Resolution No. 159, 3/4/93, "On Creation of a List of Raw Materials, Materials, Equipment and Technologies Which Require Special Permission for Export."

This resolution 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 resolution No. 2728-KhP (see above), 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 Resolution from July 1995, which established a control list for missile technologies, and a Cabinet of Ministers Resolution from March 1996, which established a control list for nuclear materials and technologies (see below).

4. Cabinet of Ministers Resolution No. 160, 3/4/93, "On Improving State Control Over the Export/Import of Weapons, Military Hardware, and Materials Which Could Be Used in Their Production."

This resolution implements Presidential Decree No. 3, creating the GCEC and the ETC. The resolution approves the statute of Government Commission on Export Controls, setting forth its responsibilities and obligations in the sphere of export control policy and procedures.

5. Cabinet of Ministers Resolution No. 779, 9/29/93, "Statute of the Expert-Technical Committee of the Cabinet of Ministers of Ukraine."

This resolution further implements the changes outlines in Presidential Decree No. 3, and approves the statute of the Expert-Technical Committee (ETC). The responsibilities of the ETC are explained in Section II, "Administrative Bodies."

6. Presidential Decree No. 448/93, 10/12/93, "On Improving the Order of the Sale of Military Property."

This decree 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."

7. Presidential Decree No. 659, 10/7/94, "On Military Foreign Trade Agreements in Ukraine."

8. Cabinet of Ministers Resolution No. 734, 10/21/94, "On Liberalization of Export Operations."

9. Cabinet of Ministers Resolution No. 563, 7/27/95, "On the Rules and Procedures for Control of the Export, Import, and Transit of Missile Technologies, Related Equipment, Materials, and Technologies."

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 Resolution No. 159.

10. Cabinet of Ministers Resolution No. 993, 12/11/95, "On the Distribution of Functional Duties of the Administration of the Cabinet of Ministers of Ukraine."

This decree specifies that the activities of the Expert-Technical Committee are directly controlled and coordinated by a Vice-Prime Minister of Ukraine.

11. Cabinet of Ministers Resolution No. 124, 1/25/96, "On the Appointment of the Chairman of the Governmental Commission on Export Controls."

This decree appoints Valeriy Kinakh to the position of Chairman of the GCEC. Mr. Kinakh replaces Mr. Valeriy Shmarov as Chairman.

12. Cabinet of Ministers Resolution No. 302, 3/12/96, "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."

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 Resolution No. 159.
 
 

 

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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