DECREE of the President of Ukraine On Measures to Perfect Military and
Technical Cooperation Between Ukraine and Foreign Countries
In order to perfect military and technical cooperation between Ukraine and
foreign countries, protect national interests, fulfill international
obligations, determine procedures of regulating international transfers of
military related goods, according to paragraph 1 of Article 106 of the
Constitution of Ukraine, I decree:
1. Determine that the goals of the military and technical cooperation between
Ukraine and foreign countries are to protect national interests and security of
the country, provide Armed Forces and other military formations with modern
arms, hardware and other military-related goods, develop export potential of the
military-industrial complex, increase science and technology potential of the
defense industry of Ukraine.
2. Conditions for military and technical cooperation with foreign countries
are:
- priority of national interests;
- state's monopoly in regulating activities in the area of military and
technical cooperation;
- being in line with the legislation on state secrets;
- being in line with Ukraine's international obligations regarding
military and technical cooperation;
- central bodies of the executive power and other bodies legally
determined as participants in and subjects of military and technical
cooperation are subject to control and responsibility;
- state defends rights and legitimate interests of participants in and
subjects of the military and technical cooperation;
- coordination of activities of participants in military and technical
cooperation.
3. The military and technical cooperation includes the following activities:
- information exchange;
- signing international treaties and treaties on foreign economic
activities (contracts);
- export and import of military-related goods, including providing to and
receiving from foreign subjects of military and technical cooperation
consulting, marketing, mediation, brokerage, agency, cosigning and legal
services;
- cooperation with foreign subjects of economic activity in the areas of
science, science and technology, science and production, training and others;
- cooperation with international organizations in military and technical
spheres;
- organization and carrying out exhibitions, tenders, auctions,
conferences, symposia, seminars and other activities of the kind which involve
military-related goods;
- other activities in this area which do not run counter to Ukraine's
legislation and international legal norms.
4. State regulation of activities in the area of military and technical
cooperation is carried out through:
determination of directions of military and technical cooperation
with respect to political and economic interests of Ukraine;
establishing bans and limitation on export and import transactions
with respect to military-related goods with the goal to ensure security and
defence, economic stability, protection of the domestic market, strengthening
political and economic stance of Ukraine, fulfilling international obligations
regarding arms reduction and destruction and nonproliferation of weapons of
mass destruction.
not allowing to participate in military and technical cooperation
those enterprises, agencies and organizations which do not have required
authorities or permissions and are not registered at authorized state organs;
in some cases providing insurance for export transactions with
respect to military-related goods, as well as providing loans through
Ukrainian and/or international banks, foreign banks, specialized insurance
stock companies where Ukraine holds 50%+1 share.
5. The state control ensures that participants and subjects in military and
technical cooperation respect the legislation.
Subject to the state control are:
compatibility of activities of participants and subjects of
military and technical cooperation and goals and conditions of such
cooperation and Ukraine's legislation;
effectiveness of the state regulation of activities in the area of
military and technical cooperation;
being in line with Ukraine's international obligations in the area
of military and technical cooperation;
prices for exports of military-related goods with respect to the
economic interests of Ukraine;
receiving, traffic and using of money resulting from the export of
military-related goods;
preserving state secrets, intellectual property copyrights, and
encryption while carrying out military and technical cooperation;
negotiations and signing foreign economic agreements (contracts)
regarding international transfers of military related goods.
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 Commission on Export Control Policy and Military and
Technical Cooperation With Foreign Countries, and the Cabinet of Ministers of
Ukraine within the framework of their powers; coordination of and control over
activities of subjects of such cooperation is carried out by respective
participants in military and technical cooperation.
6. Executive power bodies in the area of military and technical cooperation
carry out their responsibilities based on the Constitution and legislation of
Ukraine.
The Cabinet of Ministers of Ukraine:
ensures the implementation of the state policy in the area of
military and technical cooperation;
signs, according to established procedures, international treaties
on military and technical cooperation;
creates Ukrainian parts of bilateral or multilateral
intergovernmental commissions on the issues of military and technical
cooperation;
designates participants in military and technical cooperation from
the Ukrainian side;
resolves liability issues with subjects in military and technical
cooperation resulting from termination or suspension of export or import of
military-related goods, if Ukraine decides, according to established
procedure, to terminate or suspend military and technical cooperation with
foreign countries;
designates and approves state customers for imports of
military-related goods;
ensures price policy with respect for domestic and foreign market
prices for military-related goods;
on request from the Commission on Export Control Policy and
Military and Technical Cooperation With Foreign Countries, provides subjects
in military and technical cooperation with authorities to carry out exports
and imports of military-related goods;
coordinates activities of participants in military and technical
cooperation regarding their role in organizing exhibitions and demonstrations
of military-related goods.
Within the framework of their authorities, ministries and other central
organs of executive power:
ensure implementation of decisions of the President of Ukraine, the
Council on National security and Defense of Ukraine, and the Cabinet of
Ministers of Ukraine regarding the issues of military and technical
cooperation, implementation of international treaties of Ukraine in this area,
control subjects in military and technical cooperation staying in line with
the legislation on military and technical cooperation;
participate in drafting laws and other legal acts regarding
military and technical cooperation;
promote military and technical cooperation through analyzing
political, legal and economic aspects of such cooperation and individual
drafts of foreign economic treaties (contracts) on export and import
transactions.
7. The basis for establishing, limitations, termination, suspension and
resumption of military and technical cooperation between Ukraine and foreign
countries are decrees of the President of Ukraine, Cabinet of Ministers of
Ukraine, international treaties of Ukraine and foreign economic treaties
(contracts).
Suggestions regarding the establishment, limitations, termination, suspension
and resumption of military and technical cooperation can be made by the Council
on National Security and Defense, the Commission on Export
Control Policy and Military and Technical Cooperation with Foreign Countries,
the Cabinet of Ministers of Ukraine, the Ministry of Foreign Affairs of Ukraine
and other participants and subjects in military and technical cooperation.
To return to the main
Ukrainian export controls legislation entry, see the
