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This is an archived page. Please visit the new Ukraine country profile
Ukraine: Legislation APPROVED PROVISIONS about procedures for the state control over international
transfers of goods, designated for military purposes General part 1. These Provisions define specific features of implementation of the state control over international transfers of goods, designated for military purposes. The general procedure for exercising the state control over international transfers of goods, to be a subject to state export control, has been defined by the Provisions about the State Export Control in Ukraine, approved by Decree No. 117 by the President of Ukraine, dated 13 February 1998, with supplement, introduced by Decree No. 283 by the President of Ukraine, dated 26 March 1999. 2. For these Provisions purposes the terms "goods", "dual-use goods", "international transfers of goods", "export", "re-export", "import", "transit" and others are used in meanings, mentioned in the Provisions about the State Export Control of Ukraine, approved by Decree No. 117 by the President of Ukraine, dated 13 February 1998, with supplement, introduced by Decree No. 283 by the President of Ukraine, dated 26 March 1999. The following terms are also used in these Provisions:
3. These Provisions are valid for export, import, transit and all other types of external economic activities, related with international transfers of goods, including provision of intermediate services, scientific-technical and other cooperation, presentation of exhibits on international exhibitions and fairs with the purpose to advertise, conduct of tests, coastal and border trade and goods exchange operations, which are conducted in accordance with routine procedures by the agents of external economic activities in Ukraine (hereinafter referring as – the agents of entrepreneurial activities). 4. These Provisions are not valid:
5. Export and import of goods can be implemented by the agents of entrepreneurial activities, who have got appropriate authorization. 6. Goods, international transfers of which are subjects of control in accordance with these Provisions, are listed on the List of Goods, Designated for Military Purposes, International Transfers of which are Subjects of the State Control (hereinafter referring as List), annexed. An information about export and import of certain categories of goods to be presented by the State Export Control via the MFA to international organizations, in which Ukraine participates, in accordance with existing routine procedures, terms and forms. 7. Export of goods, which are material objects of information, which is considered to be a state secret, to be implemented in accordance with the current legislation referring to issues of state secrets protection. 8. Export of goods, which according to existing procedures are allowed for civilian application, to be implemented with the permissions issued by the State Export Control according to procedures, established for dual-use goods. Import and transit of goods, mentioned in this paragraph, to be implemented without the permission by the State Export Control, in accordance with the existing procedures, established by the current legislation. 9. Goods, mentioned on the List, in case of their transfer through the customs border of Ukraine, obligatory to be a subject to customs control and customs registration in accordance with the existing procedures, established by the current legislation. While performing customs registration of goods the agent of entrepreneurial activity is obliged to present to customs authorities an authorization, issued by the State Export Control, for their export or import, which is a basis for accepting those goods for customs registration. In case of temporary exportation or temporary importation of goods for demonstration on exhibitions, fairs in order to advertise, conduct of tests and for other similar purposes, if that does not stipulate right of possession on goods handing over, as well, as transit of goods via the territory of Ukraine, a positive conclusion by the State Export Control is a basis for acceptance of goods for customs registration. The permission, issued by the State Export Control granting the right to implement export of any goods or equipment, stipulated by the List, authorizes transfer to the same importer (final customer) of a set of technical documents (technical data), required for fixing, operational running and application of these products according to the designation, in volumes, determined by the permission. 10.The agents of entrepreneurial activity present to the State Export Control reports about use of given permissions for implementation of export and import of goods. Forms and terms for reporting are determined while obtaining the permissions. In case the agent of entrepreneurial activity fails to present mentioned reports in time, the State Export Control is authorized either to cancel the permissions, have been issued earlier, or to suspend their validity. 11. Registration of the agents of entrepreneurial activity, who are authorized by the Cabinet of Ministers of Ukraine to implement export and import of goods, as well, as the agents of entrepreneurial activity, who implement other international transfer of goods, to be conducted according to procedures established by the State Export Control. Requests for the permissions or conclusions authorizing to implement appropriate international transfers of goods, to be considered after registration of the agents of entrepreneurial activity by the State Export Control. 12. Expertise in the field of export control while implementation of international transfers of goods to be implemented according to the Provisions about Conduct of Expertise in the Field of Export Control, approved by Decree No. 767 of the Cabinet of Ministers, dated 15 July 1997. 13. Negotiations, related with conclusion of the external economic agreements (contracts) about implementation of international transfers of goods, designated for military purposes, to any states, as well, as reporting to the State Export Control about their results to be implemented by the agents external economic activity according to the Provisions about the State Control over Negotiations, Related with Conclusion of the External Economic Agreements (Contracts) about implementation of International Transfers of Goods, Designated for Military Purposes, and those of Dual-Use, approved by Decree No. 125 by the Cabinet of Ministers of Ukraine, dated February 4, 1998 ("Ofitsijnyj Visnyk Ukrainy", 1998, No. 5, page 184. No. 22, article 810). 14. Persons, violating procedures, established by these Provisions about Procedures for Implementation of International Transfers of Goods, are a subject to liability according to the current legislation. Procedures for export, re-export and temporary exportation of goods 15. Export of goods to be implemented by the agents of entrepreneurial activity (hereinafter referring as the exporters) on the assumption of obtaining the appropriate permissions issued by the State Export Control. In order to obtain the permission to export goods, the exporter sends to the State Export Control a letter containing, a brief explanation of the appeal aim, adding the following enclosures:
In case the foreign agent of economic activity, implementing import of goods from Ukraine, is not a subject of law of a state of goods final destination, additionally to the documents mentioned above the exporter presents original documents, issued by the authoritative governmental body of the state receiving goods, proving this agent’s of economic activity authorities to implement deliveries of goods to this state. Obligations about application of goods according to their designation to be presented by all the intermediary agents, participating in deliveries of goods. 16. Being concluding the external economic agreements (contracts) on export of goods, the agents of entrepreneurial activity are obliged to introduce into those data about:
While the agents of external economic activity are concluding the external economic agreements (contracts) about implementation of export of technologies, including those as results of appropriate scientific research, research-construction and other types of works, their content must contain provisions about protection of the exporter’s intellectual property rights or those, defining volumes and procedures of the rights of property transfer to another person. 17. In case the external economic agreement (contract) for export of goods from Ukraine has been concluded with the foreign agent of economic activity, being an intermediary agent, obligations, guaranties and data mentioned in the paragraph 16 of these Provisions, must be defined in a final customer certificate, an import certificate or another document, issued by the authoritative governmental body of the state receiving goods, and the set of document, listed in the paragraph 15 of these Provisions, to be added with a document, proving authorities of the intermediary agent to implement external economic operations with goods, issued by the authoritative governmental body of the state, on which territory the intermediary agent has been registered. In some cases, upon a request by the State Export Control, the external economic agreement (contract) and other documents, mentioned in this paragraph, to be added with an obligation to authorize the exporter or appropriate governmental bodies of Ukraine to conduct inspections of goods, have been exported from Ukraine, proper use or to present a certificate, proving delivery of goods or to present another document, issued by the authoritative governmental body of the state receiving goods, proving that the goods have been imported to the territory of the state. Data about obligations, mentioned in the paragraphs 15 and 16of these Provisions and in this paragraph, in accordance with the State Export Control’s decision can be not introduced into the external economic agreement (contract) and not to be presented in cases goods to be exported to the member-states of the Export Control for Conventional Arms and Dual-Use Technologies ("Wassenaar Arrangement"). Export of certain categories of goods to the states, which are subject to the legally binding embargoes on those goods transfers, decided by the UN is prohibited. The permission by the State Export Control to export certain categories of goods to the states, which are subject to the embargoes bound by international organizations, to which Ukraine is a member, or to the states with regard to which an appropriate national policy is pursued, to be issued according to existing procedures after consultations conducted with the MFA and the Commission for Policy of Export Control and Military-Technical Cooperation with Foreign States. 19. Re-export of goods from the customs territory of Ukraine to be implemented in accordance with the procedures stipulated in these Provisions for their export. In this case additionally to the documents, mentioned in the paragraphs 15 and 17 of these Provisions, the exporter in order to obtain the permission to re-export goods, must present documents, proving absence of restrictions on re-export by the deliverer of those goods to Ukraine. 20. Temporary importation of goods to be displayed on exhibitions, fairs with the purpose of advertisement, conduct of tests and for other similar purposes, in case that does not stipulate transfer of right of property on goods, to be implemented, if a positive conclusion by the State Export Control is available. In order to obtain the conclusion, the agent of entrepreneurial activity, implementing temporary exportation of goods, sends to the State Export Control a letter containing brief explanation of the appeal aim, adding the following:
21. To the request for obtaining either the permission to export, or the conclusion about an opportunity to implement temporary exportation of goods, besides the documents mentioned in the paragraphs 15, 17 and 20 of these Provisions, the exporters or the agents of entrepreneurial activity, implementing temporary exportation of goods, must add the following enclosures:
The State Export Control can request the exporter or the agent of entrepreneurial activity implementing temporary exportation of goods some additional data or other documents, required to make a reasonable decision regarding his request. The technical reference or other documents containing technical characteristics of goods, as well, as the reference about level of secrecy of goods not to be presented in case of conduct of preliminary expertise in the area of export control regarding export of those goods and registration of the exporters by the State Export Control. Official translations to be added to documents developed in foreign languages. 22. Consideration of requests for obtaining the permissions to export goods or conclusions about an opportunity to implement temporary exportation of goods, to be implemented by the State Export Control with getting in case of necessity experts of central and local bodies of executive power, enterprises and organizations to take part (with their leaders concordance). Terms for consideration of requests about issuing the permissions to export goods or conclusions about an opportunity to implement temporary exportation of goods must not exceed 45 day-period, starting from the date the exporter or the agent of entrepreneurial activity, implementing temporary exportation of goods, has presented a full set of documents. The consideration period can be extended by the Head’s of the State Export Control decision. Time required for obtaining additional data or other documents from the exporter or the agent of entrepreneurial activity, implementing temporary exportation of goods not to be included in a consideration period. In case the State Export Control has made a decision to deny export of goods or has drawn a negative conclusion about possibility to implement temporary exportation of goods, as well, as in cases, when an expertise in the area of export control has determined, that the permission to export goods, issued by the State Export Control, is not required, the exporter or the agent of entrepreneurial activity, who intended to implement temporary exportation of goods to be notified by the letter with a full substantiation of the appropriate decision. Procedures for import and temporary importation of goods 23. Import of goods to be implemented by the agent of entrepreneurial activity (hereinafter referring as the importers) on the assumption of obtaining the appropriate permissions issued by the State Export Control. If conditions of delivering goods to Ukraine stipulate drawing up by Ukrainian party of obligations (guaranties), related with final application of imported goods, procedures for drawing up of those obligations to be determined by the Cabinet of Ministers of Ukraine. 25. In order to obtain the permission to import goods the importer sends to the State Export Control a letter, containing a brief explanation of the appeal aim, adding the following enclosures:
26. Temporary importation of goods to be displayed on exhibitions, fairs with the purpose of advertisement, conduct of tests and for other similar purposes, in case that does not stipulate transfer of right of property on goods, to be implemented, if a positive conclusion by the State Export Control is available. In order to obtain the conclusion, the agent of entrepreneurial activity, implementing temporary importation of goods, sends to the State Export Control a letter containing brief explanation of the appeal aim, adding the following enclosures:
27. To the request for obtaining either the permission to import goods, or the conclusion about an opportunity to implement temporary importation of goods, a technical reference or an extract from technical specifications, containing full name, brief description, designation and technical characteristics of either type of goods, to be a subject of import or temporary importation to be added. In case the importer or the appropriate agent of economic activity has an intention to import or to implement temporary importation of technologies or services, instead of the technical reference their annotated summary with obligatory mentioning of volumes, designation, and area of application. The technical reference to be signed and sealed by a head of an enterprise or organization and a head of a military representation (if there is any in the enterprise, organization stuff). The technical reference or other documents containing technical characteristics of goods, not to be presented in case of conduct of preliminary expertise in the area of export control regarding import of those goods and registration of the importers by the State Export Control. 28. Consideration of requests for obtaining the permissions to import goods or conclusions about an opportunity to implement temporary importation of goods, to be implemented in accordance with the procedures stipulated in the paragraph 22 of these Provisions in 15 day-period, starting from the date the importer or the agent of entrepreneurial activity, implementing temporary importation of goods, has presented a full set of documents. Procedures for transit of goods via the territory of Ukraine 29. Transit of goods via the territory of Ukraine to be implemented on the assumption of obtaining by the agent of entrepreneurial activity or the foreign agent of economic activity a positive conclusion issued by the State Export Control. In order to obtain a conclusion about possibility to implement transit of goods, the agent of entrepreneurial activity or the foreign agent of economic activity sends to the State Export Control a letter containing, a brief explanation of the appeal aim, adding the following enclosures:
In case the foreign agent of economic activity, implementing import of goods from Ukraine, is not a subject of law of a state of goods final destination, additionally to the documents mentioned above the exporter presents original documents, issued by the authoritative governmental body of the state receiving goods, proving this agent’s of economic activity authorities to implement deliveries of goods to this state. Obligations about application of goods according to their designation to be presented by all the intermediary agents, participating in deliveries of goods. 30. Consideration of requests for obtaining a conclusion about an opportunity to implement transit of goods, to be implemented by the State Export Control in a period of not more than 15 days, starting from the date a full set of documents, stipulated in the paragraph 22 of these Provisions has been presented. 31. A positive conclusion, drawn up by the State Export Control, about an opportunity to implement transit of those goods is a basis for accepting those goods for customs registration. 
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