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Ukraine:  Legislation

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

The English translation of this decree was taken from the Stockholm International Peace Research Institute (SIPRI) Web Site.  The Center for Nonproliferation Studies does not take responsibility for the accuracy of the translation.

APPROVED
By Decree No. 423 by the President of Ukraine,
Dated 13 May 1997

1. These Provisions to regulate the procedures for the development of permissions according to orders by the President of Ukraine to transfer to another state information, attributed to state secrets and material objects, containing such information (hereinafter referring as the information and material objects).

Orders by the President of Ukraine about issuing the permissions to transfer to another state the information and material objects to be made in case, there are no appropriate interstate agreements with this state, concluded according to the existing procedures.

2. These Provisions are valid for all the agents of external economic activity regardless form of property and subordination, which conduct external economic activity with use of information, attributed to state secrets, till a decision about its attribution to state secrets to be canceled and material objects, containing such information, till those to be declassified.

3. The agents of external economic activity, which initiate transfers of the information and material objects to another state, to obtain the permission via the State Service for Export Control in Ukraine (hereinafter referring as the State Service) according to the procedures, established by the current legislation of Ukraine and by these Provisions.

4. The State Service sends proposals by the agents of external economic activity and other materials with regard to transfer of the information and material objects to another state, to appropriate ministry, another central body of executive power for development of substantiation with regard to possibility and expediency to transfer the information and material objects to another state.

The ministry or another central body of executive power within one month sends to the State Service for Export Control in Ukraine agreed with the Ministry of Foreign Affairs of Ukraine, the Ministry of External Economic Relations and Trade of Ukraine, the Ministry of Defense of Ukraine, the Service for Security of Ukraine, the State Committee of Ukraine for Issues of State Secrets and Technical Protection of Information, and, in case of necessity, with other interested central bodies of executive power proposals, in which to substantiate possibility and expediency (or inexpediency) to issue the permission to transfer the information and material objects to another state, to identify possible political, juridical, material and financial consequences of the transfer and measures with regard to guaranties by the party-importer about ensuring protection of the information and material objects, to be a subject to transfer.

Basing on those proposals the State Service to develop materials to be considered by the Governmental Commission on Issues of Export Control Policy, which to make a decision about expediency (inexpediency) those to be presented to the President of Ukraine.

5. In case the decision by the Commission, mentioned in the paragraph 4 of these Provisions is a positive one, the State Service to develop and concord with the Ministry of Foreign Affairs of Ukraine, the Ministry of External Economic Relations and Trade of Ukraine, the Ministry of Defense of Ukraine, the Service for Security of Ukraine, the State Committee of Ukraine for Issues of State Secrets and Technical Protection of Information a Draft of the Order by the President of Ukraine about issuing the permission to transfer the information and material objects to another state.

The Draft of the Order along with the decision by the Governmental Commission on Issues of Export Control Policy and appropriate materials to be presented by the State Service to the cabinet of Ministers of Ukraine for consideration.

The Cabinet of Ministers of Ukraine after consideration of the materials, mentioned in the second indention of the paragraph 5 of these Provisions, to present those along with appropriate proposals to the President of Ukraine, for making a final decision about issuing the permission, or to refuse to present.

7. Taking into account the materials, presented by the Cabinet of Ministers of Ukraine, the President of Ukraine makes an order about issuing the permission to transfer the information and material objects to another state or refuses to issue it.

8. In accordance with the Order by the President of Ukraine the State Service in line with the existing procedures to provide the agents of external economic activity with the permission to implement export operations with use of the information and material objects.

In case the President of Ukraine has refused to issue the permission or the Cabinet of Ministers of Ukraine has refused to present the proposals to the President of Ukraine or the Governmental Commission on Issues of Export Control Policy has made a decision about inexpediency to present the documents to the President of Ukraine, the State Service to inform the agent of external economic activity, which initiated transfer of the information and material objects about that.

Notification about the decision either to issue the permission to transfer the information and material objects to another state or to refuse to issue one to be sent by the State Service to the Service for Security of Ukraine and to the State Committee of Ukraine for Issues of State Secrets and Technical Protection of Information.

9. After obtaining the permission to transfer the information and material objects to another state the agents of external economic activity according to the existing procedures to develop a draft of the external economic agreement (contract) or upon concordance with the party-importer a draft of supplement to the external economic agreement (contract), has been concluded earlier. Those supplement to stipulate activity with use of the information and material objects.

The drafts of the agreement (contract) or amendments to the external economic agreement (contract), has been concluded earlier, to stipulate obligations by the party-importer to protect the information and material objects, to be transferred, and guaranties that those not to be a subject to transfer (re-export) to another customer without a written consent to do that, issued by the party-exporter and bodies of the export control of Ukraine, as well, as to determine measure damages and procedures to pay those, by the party-importer, if the party-exporter suffers as a result of agreement requirements violations with regard to protection of the information and material objects.

Upon parties' consent the drafts of the agreement (contract) or supplement to the agreement (contract), has been concluded earlier, can stipulate party-importers' consent to authorize the party-exporter to conduct in case of necessity checks (with participation of competent bodies of the state-importer) with regard to protection and use of the information and material objects, have been transferred, in accordance with the declared aim and the agreement (contract) conditions only.

Obligations by the party-importer with regard to protection of the information and material objects, subject to transfer, to be reflected in an appropriate certificate.

The drafts of the agreement (contract) or supplement to the external economic agreement (contract), has been concluded earlier, to be agreed with the State Committee of Ukraine for Issues of State Secrets and Technical Protection of Information (its local authorities) in line of ensuring protection of state secrets and technical protection of information.

10. Control over the implementation of these Provisions requirements to be exercised within the fields of competence by the State Service for Export Control of Ukraine and by the State Committee of Ukraine for Issues of State Secrets and Technical Protection of Information.

11. Heads of ministries, other central bodies of executive power, enterprises, establishments and organizations regardless form of property and subordination are a subject to private responsibility for ensuring these Provisions requirements implementation, while preparing and implementing export operations with use of the information and material objects.

Head of the Administration of the President of Ukraine E.KUSHNAREV

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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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