Cabinet of Ministers Decree No. 197, On Amendments and Addenda to the Statute on Procedures for Controlling the Export, Import, and Transit of Missile Technology Goods and Equipment, Materials, and Technologies That Are Used for the Creation of Missile Weapons,
28 February 2001
This decree amends Cabinet of Ministers Decree No. 563 of 27 July 1995, which consists of one of the country's five national control lists.[1,2]
Sources:
[1] Cabinet of Ministers Decree No. 197, Pro vnesennya u dodatok do Polozhennya pro poryadok derzhavnogo kontrolu za mizhnarodnymy peredachamy tovariv, shcho vykorystovuyutsya abo mozhut buty vykorystani u stvorenni yadernoyi zbroyi, 28 February 2001.{Updated 04/01/02 YP}
[2] Natalya Yurchenko, "Sistema eksportnogo kontrolya Ukrainy," STC Web Site, http://www.ntc.kiev.ua/sec/index.html.] {Entered 11/8/2001 KB}
Cabinet of Ministers Decree No. 196, On Amendments and Addenda to the Statute on Procedures for Controlling the Export, Import, and Transit of Nuclear Related Goods that Can Be Used to Create Nuclear Weapons,
28 February 2001
This decree amends Cabinet of Ministers Decree No. 302 of 12 March 1996, which consists of one of the country's five national control lists.[1,2]
Sources:
[1] Cabinet of Ministers Decree No. 196, Pro vnesennya zmin do Polozhennya pro poryadok kontrolu za eksportom, importom i tranzytom tovariv, shcho stosuyutsya yadernoyi diyalnosti ta mozhut buty vykorystani u stvorenni yadernoyi zbroyi, 28 February 2001.{Updated 04/01/02 YP}
[2] Natalya Yurchenko, "Sistema eksportnogo kontrolya Ukrainy," STC Web Site, http://www.ntc.kiev.ua/sec/index.html.] {Entered 11/8/2001 KB}
Presidential Edict No. 868, On Measures to Enhance the Effectiveness of Military and Technical Cooperation between Ukraine and Foreign States,
8 July 2000
This edict liquidates the Commission on Export Control Policy and Military-Technical Cooperation with Foreign States and replaces it with the Committee for Policy on Military-Technical Cooperation and Export Control.[1,2] The committee's responsibilities include the following: (1) submitting recommendations and proposals to improve the country's export control system; (2) introducing bans on the export, import, and transit of goods subject to export control to comply with Ukraine's international nonproliferation obligations; (3) solving problems related to the international transfer of goods; and (4) fostering military and technical cooperation with foreign states and others.[2]
Sources:
[1] "Annex to the letter dated 2 October 2000 from the Permanent Representative of Ukraine to the United Nations addressed to the Secretary-General," General Assembly document A/55/478, UN Security Council document S/2000/986; in SIPRI Web Site, http://projects.sipri.se/expcon/natexpcon/Ukraine/ukrpol.htm.
[2] Natalya Yurchenko, "Sistema eksportnogo kontrolya Ukrainy," STC Web Site, http://www.ntc.kiev.ua/sec/index.html. {Entered 11/5/2001 KB}
Cabinet of Ministers Decree No. 651, On the Statute of the State Service for Export Control,
12 April 2000
This decree outlines responsibilities for the State Service for Export Control. These include the following: (1) issuing permits or providing decisions for the international transfer of controlled goods; (2) negotiating contracts for the export of military or dual-use goods to states for which there is a partial embargo; (3) reviewing export control documents; (4) making decisions on the revocation or suspension of licenses; (5) issuing import certificates guaranteeing that goods will be used for declared purposes; (6) registering companies and individuals involved in the international transfer of controlled goods; and (7) drafting legislative and regulatory acts related to export control.[1,2]
Sources:
[1] "Annex to the letter dated 2 October 2000 from the Permanent Representative of Ukraine to the United Nations addressed to the Secretary-General," General Assembly document A/55/478, UN Security Council document S/2000/986; in SIPRI Web Site, http://projects.sipri.se/expcon/natexpcon/Ukraine/ukrpol.htm.
[2] Natalya Yurchenko, "Sistema eksportnogo kontrolya Ukrainy," STC Web Site, http://www.ntc.kiev.ua/sec/index.html.{Entered 11/5/2001 KB}
Cabinet of Ministers Decree No. 473, On the Establishment of the State Service for Export Control,
10 March 2000
This decree replaces the State Service for Export Control of Ukraine with the State Service for Export Control (SSEC). The State Service for Export Control is part of the Ministry of the Economy.
Sources:
[1] Cabinet of Ministers Decree No. 473, On the Establishment of the State Service for Export Control, 10 March 2000.
[Cabinet of Ministers of Ukraine, Decree No. 473, On the Establishment of the State Service for Export Control, 10 March 2000, SIPRI Web Site, http://projects.sipri.se/expcon/natexpcon/Ukraine/ukrcab473.htm.] {Entered 10/31/2001 KB}
Presidential Edict No. 861, On the Procedure for Establishing (Withdrawing) Restrictions on the Export of Goods in Accordance with Ukraine's International Obligations,
15 July 1999
["Annex to the letter dated 2 October 2000 from the Permanent Representative of Ukraine to the United Nations addressed to the Secretary-General," General Assembly document A/55/478, UN Security Council document S/2000/986, in SIPRI Web Site, http://projects.sipri.se/expcon/natexpcon/Ukraine/ukrpol.htm.] {Entered 11/5/2001 KB}
Cabinet of Ministers Decree No. 1042, On Changes and Amendments to Decrees of the Cabinet of Ministers on Issues of State Export Control,
15 June 1999
[Natalya Yurchenko, "Sistema eksportnogo kontrolya Ukrainy," STC Web Site, http://www.ntc.kiev.ua/sec/index.html.] {Entered 11/7/2001 KB}
Cabinet of Ministers Decree No. 920, On the Statute on the Procedure for Issuing Guarantees and for State Monitoring of International Transfers of Military Goods and Dual-Use Goods, 27 May 1999
["Annex to the letter dated 2 October 2000 from the Permanent Representative of Ukraine to the United Nations addressed to the Secretary-General," General Assembly document A/55/478, UN Security Council document S/2000/986, in SIPRI Web Site, http://projects.sipri.se/expcon/natexpcon/Ukraine/ukrpol.htm.] {Entered 11/5/2001 KB}
Presidential Edict No. 422/99, On Measures to Improve Military and Technical Cooperation between Ukraine and Foreign Countries,
21 April 1999
This edict outlines broad governmental regulatory powers over military and technical cooperation, which includes the export and import of military-related goods, including marketing, mediation, brokerage, agency, cosigning and legal services. 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 Committee for Export Control Policy and Military and Technical Cooperation with Foreign Countries, and the Cabinet of Ministers of Ukraine.
[Presidential Edict No. 422/99, O merakh po sovershenstvovaniyu voyenno-tekhnicheskogo sotrudnichestva Ukrainy s inostrannymi gosudarstvami, 21 April 1999.] {Entered 10/31/2001 KB}
Presidential Edict No. 283/99, On Amendments and Addenda to Presidential Edicts No. 1279 of 28 December 1996 and No. 117 of 13
February 1998, 26 March 1999
This edict clarifies the role of the State Service for Export Control of Ukraine as the authority on matters of export control. The State Service for Export Control of Ukraine, in coordination with other ministries and government entities, is responsible for creating control lists. Control lists are reviewed by the Commission for Policy on Export Control and Military-Technical Cooperation and approved by the Cabinet of Ministers. Lists are to be reviewed at least twice annually. Edict 283/99 also clarifies actions taken against exporters who violate export control procedures.
[Presidential Edict No. 283/99, O vnesenii izmeneniy i dopolneniy v Ukazy Prezidenta Ukrainy ot 28 dekabrya 1996 goda N 1279 i ot 13 fevralya 1998 goda N 117, 26 March 1999.] {Entered 11/2/2001 KB}
Presidential Edict No 254/99, On Regulations on the Commission for Policy on Export Control and Military-Technical Cooperation with Foreign States,
16 March 1999
[Natalya Yurchenko, "Sistema eksportnogo kontrolya Ukrainy," STC Web Site, http://www.ntc.kiev.ua/sec/index.html.]
Presidential Edict No. 121/99, Issues of Military-Technical Cooperation with Foreign Governments, Export Control, and Military Industrial Policy, 4 February 1999
This edict changes the name of the Commission on Export Control Policy to the Commission for Policy on Export Control and Military-Technical Cooperation with Foreign Countries.[1] The edict moves the commission from the joint jurisdiction of the President and the Cabinet of Ministers to the sole jurisdiction of the President through the National Security and Defense Council.[2]
The commission is made up of the following individuals:
First Deputy Secretary of the National Security and Defense Council
Deputy Minister of Finance
Head of the State Service for Export Control of Ukraine
Deputy Minister of Defense
Deputy Head of the State Customs Service
First Deputy Head of the State Security Service
Deputy Minister of Industrial Policy
First Deputy General Director of the National Space Agency
General Director of Ukrspetseksport
First Deputy Minister of Industrial Policy
Head of the Department of International Aspects of National Security, National Security and Defense Council Head of the Department of Strategic Military Security Policy, National Security and Defense Council
First Deputy Minister of Foreign Affairs
Deputy Minister of the Economy[1]
According to experts at the Center for International Trade and Security, the reorganization of the commission was likely due to the following reasons: (1) the commission was subordinate to both the President and the Cabinet of Ministers, creating confusion and possibly leading to a series of scandals in the 1990s in which Ukraine was accused of exporting weapons to countries in conflict; and (2) the commission had assumed much of the day-to-day licensing authority that had once belonged to the State Service for Export Control of Ukraine.[2]
Sources:
[1] Presidential Edict No. 121/99, Vopros voyenno-tekhnicheskogo sotrudnichestva s inostrannymi gosudarstvami, eksportnogo kontrolya i voyenno-promyshlennoy politiki, 4 February 1999.
[2] Victor Zaborsky, "Ukraine Restructures its Arms Export Controls," Center for International Trade and Security Web Site, http://www.uga.edu/cits/database/My%20Webs/Russia/
JIR%20artcl.htm. {Entered 11/2/2001 KB}
Cabinet of Ministers Decree No. 1320, On Amendments and Addenda to the Statute on the Procedure for Controlling the Export, Import, and Transit of Certain Items, Equipment, Materials, Software, and Technologies,
18 August 1998
This decree makes changes and amendments to Cabinet of Ministers Decree No. 1005 of 22 August 1996.
[Natalya Yurchenko, "Sistema eksportnogo kontrolya Ukrainy," STC Web Site, http://www.ntc.kiev.ua/sec/index.html.] {Entered 11/12/2001 KB}
Cabinet of Ministers Decree No. 838, On the Statute on the Procedure for Granting Foreign Economic Agents the Right to Export and Import Military Goods and Goods Containing Information Constituting a State Secret,
8 June 1998
["Annex to the letter dated 2 October 2000 from the Permanent Representative of Ukraine to the United Nations addressed to the Secretary-General," General Assembly document A/55/478, UN Security Council document S/2000/986, SIPRI Web Site, http://projects.sipri.se/expcon/natexpcon/Ukraine/ukrpol.htm.] {Entered 11/5/2001 KB}
Presidential Edict No. 117/98, On the Statute of State Export Control in Ukraine,
13 February 1998
This edict outlines in a comprehensive manner the objectives of and procedures for the country's export control system. The edict requires potential exporters to seek permission from the State Service for Export Control of Ukraine before engaging in contract negotiations with a foreign partner. Paragraph 14 introduces a catch-all provision, requiring exporters to inform the State Service for Export Control of Ukraine if it becomes known that the items intended for export may be used to produce weapons of mass destruction (WMD), means for WMD delivery, or conventional weapons, whether or not the items are included on control lists.[1,2] This edict is seen as a temporary document until the Verkhovna Rada passes the Law on Export Control.[3]
Sources:
[1] Presidential Edict No. 117/98, O Polozhenii o gosudarstvennom eksportnom kontrole v Ukraine, 13 February 1998.
[2] Victor Zaborsky, "Ukraine Restructures its Arms Export Controls," Center for International Trade and Security Web Site, http://www.uga.edu/cits/database/My%20Webs/Russia/
JIR%20artcl.htm.
[3] Victor Zaborsky, "Export Control Developments in Ukraine," in Dangerous Weapons, Desperate States, ed. Gary Bertsch and William Potter, (London: Routledge, 1999), in Center for International Trade and Security Web Site, http://www.uga.edu/cits/database/My%20Webs/Russia/
Chapter%20final.htm. {Entered 10/31/2001 KB}
Cabinet of Ministers Decree No. 1358, On the Statute on the Procedure for State Monitoring of International Transfer of Dual-Use Goods Contained on Control Lists,
8 December 1997
This decree lists conventional weapons and related technologies, the export of which requires a license. This is one of five national control lists.[1,2]
Sources:
[1] Cabinet of Ministers Decree No. 1358, Pro zatverdzhennya Polozhennya pro poryadok derzhavnogo kontrolu za mizhnarodnymy peredachamy tovariv viyskovogo pryznachennya, 8 December 1997.{Entered 4/1/2002 YP}
[2] Natalya Yurchenko, "Sistema eksportnogo kontrolya Ukrainy," STC Web Site, http://www.ntc.kiev.ua/sec/index.html.] {Entered 11/8/2001 KB)
Cabinet of Ministers Decree No. 1217, On the Government Commission for Export Control Policy,
10 November 1997
This decree defines the responsibilities of the Government Commission for Export Control Policy. Its primary responsibilities include introducing restrictions and bans on the export, import, and transit of goods; granting permits for international trade of military equipment, missile technology, and materials that could be used in the creation of a nuclear or chemical weapon; ensuring compliance with international export control obligations; and analyzing tendencies in the trade of military and dual-use goods.
["HSN: On the Books," Eastern Economist, 17 November 1997, p. 27.]
Cabinet of Ministers Decree No. 771, On Ensuring the Activities of the State Export Control Service of Ukraine,
18 July 1997
Cabinet of Ministers Decree No. 767, On Approving the Regulations on the Procedures for Conducting Examinations in the Area of Export Control,
15 July 1997
This decree outlines the procedure for obtaining an export license.[1] In order to obtain an export license, an exporter must submit an application and required documents to the State Export Control Service of Ukraine. The State Export Control Service of Ukraine then consults with ministries and departments on applications to export conventional weapons and dual-use goods and technologies. The State Export Control Service of Ukraine decides whether or not to grant a license after considering the conclusions of an interdepartmental examination. Problems relating to the granting of licenses are referred to the Government Commission for Export Control Policy (GCECP).[2]
Sources:
[1] Natalya Yurchenko, "Sistema eksportnogo kontrolya Ukrainy," STC Web Site, http://www.ntc.kiev.ua/sec/index.html.
[2] Presidential Decree No. 767, Pro zatverdzhennya Polozhennya pro poryadok provedennya ekspertizi v galuzi eksportnogo kontrolyu, 15 July 1997.{Entered 11/8/2001 KB}
Presidential Edict No. 433, On the Statute of the State Export Control Service of Ukraine,
14 May 1997
This decree outlines the responsibilities of the State Export Control Service of Ukraine, which was created by Presidential Decree No. 1279 of 28 December 1996. According to this decree, the State Export Control Service of Ukraine is the central executive body for the country's export control system and is subordinate to the Cabinet of Ministers. It is charged with the following responsibilities:
Presidential Edict No. 423, On the Statute on the Procedure for Issuing Permits for Transferring Information Constituting a State Secret to Another State and the Material Carriers of Such Information,
13 May 1997
Sources:
[1] Presidential Edict No. 423, On the Statute on the Procedure for Issuing Permits for the Transfer of Information Constituting a State Secret to Another State and the Material Carriers of Such Information, 13 May 1997, SIPRI Web Site, http://projects.sipri.se/expcon/natexpcon/Ukraine/ukraine.htm. .
[2] "Annex to the letter dated 2 October 2000 from the Permanent Representative of Ukraine to the United Nations addressed to the Secretary-General," General Assembly document A/55/478, UN Security Council document S/2000/986; in SIPRI Web Site, http://projects.sipri.se/expcon/natexpcon/Ukraine/ukrpol.htm.] {Entered 11/5/2001 KB}
Cabinet of Ministers Decree No. 384, On the Procedures for Controlling Exports, Imports and Transit of Goods Which May be Used in the Production of Chemical, Bacteriological and Toxin Weapons,
22 April 1997
This decree supersedes Cabinet of Ministers Decree No. 159 of 4 March 1993. The decree serves as one of the country's five national control lists. The list includes chemical and biological (bacteriological) goods, including chemicals, equipment, and technology that can be used to create chemical weapons. In addition, it lists infectious agents (pathogens), fragments of genetic material, equipment, and technology that can be used to create biological and/or toxin weapons.
[Natalya Yurchenko, "Sistema eksportnogo kontrolya Ukrainy," STC Web Site, http://www.ntc.kiev.ua/sec/index.html.] {Updated 11/8/2001 KB}
Cabinet of Ministers Decree No. 125, On the Statute on the Procedure for State Monitoring of Negotiations Involving the Conclusion of Foreign Economic Agreements (Contracts) on International Transfers of Military Goods and Dual-Use Goods,
4 February 1997
This decree stipulates measures for monitoring negotiations between exporters and foreign companies regarding contracts for the export of military and dual-use items to countries against which a partial embargo on deliveries of such goods has been imposed.[1,2]
Sources:
[1] Cabinet of Ministers Decree No. 125, On the Statue on the Procedure for State Monitoring of Negotiations Involving the Conclusion of Foreign Economic Agreements (Contracts) on International Transfers of Military Goods and Dual-Use Goods, 14 February 1997.
[2] "Annex to the letter dated 2 October 2000 from the Permanent Representative of Ukraine to the United Nations addressed to the Secretary-General," General Assembly document A/55/478, UN Security Council document S/2000/986, SIPRI Web Site, http://projects.sipri.se/expcon/natexpcon/Ukraine/ukrpol.htm.] {Entered 11/5/2001 KB}
Presidential Edict No. 1279, On Further Improving State Export Controls,
28 December 1996
Superseding Presidential Edict No. 3 of 3 January 1993, this decree transforms the Government Commission on Export Controls (GCEC) and the State Expert-Technical Committee (ETC), previously the two primary export control bodies in Ukraine, into the Government Commission for Export Control Policy (GCECP) and the State Export Control Service (SECS) of Ukraine, respectively.
The GCECP is an interagency group made up representatives from the Ministry of Foreign Affairs; the Ministry of Foreign Economic Relations and Trade; the Ministry of Defense; the Ministry of Economics; the Ministry of Machine-Building, the Military-Industrial Complex and Conversion; the Ministry of Internal Affairs; the Ministry of Environmental Protection and Nuclear Safety; the State Security Service; the National Security and Defense Council; the Center for Strategic Planning and Analysis of the National Security and Defense Council; the Cabinet of Ministers; the State Export Control Service; the State Customs Service; the State Border Guards; the State Committee for the Protection of Information; and the National Space Agency. The Commission is responsible for ensuring interagency coordination on export control issues and for resolving any difficult export licensing issues.[1] Working meetings of the GCECP are to be held monthly.[2]
The edict also elevates the status of the SECS, moving it out from under the Cabinet of Ministers and raising it to the level of a State Committee. The SECS reports directly to the Chairman of the GCECP and to the Prime Minister. The SECS is responsible for developing and implementing export control procedures to "support the interests of national security and uphold the international obligations of Ukraine with regard to the nonproliferation of weapons of mass destruction."[1]
The need to comply with international nonproliferation obligations is likely one of the reasons for the changes outlined in Edict No. 1279. In 1995 Ukraine acceded to the Nuclear Nonproliferation Treaty and subsequently signed several documents, including an MOU with the United States on the transfer of missile equipment and technologies, the BWC Protocol, the CWC, and several IAEA documents.[3]
Sources:
[1] Presidential Decree No. 1279, O dalneyshem sovershenstvovanii gosudarstvennogo eksportnogo kontrolya, 28 December 1996.
[2] Natalya Yurchenko, "Sistema eksportnogo kontrolya Ukrainy," STC Web Site, http://www.ntc.kiev.ua/sec/index.html.
[3] Victor Vaschilin, "State Export Controls in Ukraine," The Monitor, Vol. 3, No. 3, Summer 1997; in Center for International Trade and Security Web Site, http://www.uga.edu/cits/publications/monitor_su_1997.pdf.] {Entered 11/5/2001 KB}
Presidential Edict, On Establishing the Ukrainian State Customs Service,
29 November 1996
This edict replaced the Ukrainian State Customs Committee with the Ukrainian State Customs Service. The purpose of the restructuring was to streamline the activities of the customs services in order to focus resources on current customs priorities. Two of the main priorities are to increase controls over exports and imports and to deal more effectively with smuggling operations. Under the new structure, individual customs houses will report to a regional customs office responsible for two to three oblasts. The regional customs offices, in turn, will report to the State Customs Service.
[Head of the State Customs Service Leonid Derkach, "Priorities of the Customs System," Uryadovyy kuryer, 4 January 1997, p. 5.]
Cabinet of Ministers Decree No. 1247,
9 October 1996
This decree created Ukrspetseksport, a government-run company that will handle the export and import of military and dual-use production and services.
[Serhiy Zgurets, "Quiet Revolution in the Arms Trade: General Volodymyr Radchenko to be Ukraine's chief weapons trader," The Day Weekly Digest online edition, http://www.day.kiev.ua/DIGEST/1999/8/economy/eco-1.htm, No. 8, 2 March 1999.] {Entered 11/12/2001 KB}
Cabinet of Ministers Decree No. 1005, On Procedures for Controlling the Export, Import, and Transit of Certain Items, Equipment, Materials, Software, and Technologies That Can Be Used to Create Weapons, Military or Special Equipment,
22 August 1996[1]
This decree establishes new export procedures and a new export control list for dual-use goods and technologies, in accordance with the requirements of the Wassenaar Arrangement.[2,3,4] This decree serves as one of Ukraine's five national control lists and was amended by Cabinet of Ministers Decree No. 1320 of 18 August 1998.[1]
Sources:
[1] Natalya Yurchenko, "Sistema eksportnogo kontrolya Ukrainy," STC Web Site, http://www.ntc.kiev.ua/sec/index.html.
[2] Cabinet of Ministers Decree No. 1005, Pro poryadok kontrolu za eksportom, importom i tranzytom okremykh vydiv vyrobiv, obladnannya, materialiv, programnogo zabezpechennya i tekhnologiy, shcho mozhut vykorystovuvatysya dlya stvorennya ozbroyennya, viyskovoyi chy spetsialnoyi tekhniky, 22 August 1996.{Updated 04/01/2002 YP}
[3] Center for Nonproliferation Studies Discussion with Ukrainian Foreign Ministry Official, May 1997.
[4] "List of Existing Normative Documents on Export Control Issues," distributed at the conference Cooperation Between Enterprises and State Export Control Organs, Kiev, Ukraine, November 1997.{Updated 11/7/2001 KB}
Cabinet of Ministers Decree No. 302, 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,
12 March 1996
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 Decree No. 159.[1] Decree No. 302 serves as one of the country's five national control lists and was amended by Cabinet of Ministers Decree No. 196 of 28 February 2001.[2,3]
Sources:
[1] Annex to the Regulations on the Procedure for Controls on the Export, Import and Transit of Commodities which May Relate to Nuclear Activities and May Be Used to Develop Nuclear Weapons, unofficial English translation.
[2] Cabinet of Ministers Decree No.302, Pro zatverdzhennya Polozhennya pro poryadok kontrolyu za eksportom, importom i tranzytom tovariv, shcho stosuyutsya yadernoyi diyalnosti ta mozhut' buty vykorystani u stvorenni yadernoyi zbroyi, 12 March 1996.{Updated 03/29/2001 YP}
[3] Natalya Yurchenko, "Sistema eksportnogo kontrolya Ukrainy," STC Web Site, http://www.ntc.kiev.ua/sec/index.html.{Updated 11/8/2001 KB}
Cabinet of Ministers Decree No. 993, On the Distribution of Functional Duties of the Administration of the Cabinet of Ministers of Ukraine,
11 December 1995
This decree specifies that the activities of the Expert-Technical Committee are directly controlled and coordinated by a Vice-Prime Minister of Ukraine.
[Cabinet of Ministers Decree No. 993, Pro rozpodil funktsionalnyh povnovazhen kerivnytstva Kabinetu Ministriv Ukrayiny, 11 December 1995.] {Updated 03/29/2002 YP}
Cabinet of Ministers Decree No. 563, On the Rules and Procedures for Control of the Export, Import, and Transit of Missile Technologies, Related Equipment, Materials, and Technologies,
27 July 1995
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 Decree No. 159.[1] This is one of five national control lists. Amendments and addenda were made in Cabinet of Ministers Decree No. 197 of 28 February 2001.[2]
Sources:
[1] Cabinet of Ministers Decree No. 563, Pro zatverdzhennya Polozhennya pro poryadok derzhavnogo kontrolyu za mizhnarodnymy peredachamy tovariv, shcho vykorystovuyutsya abo mozhut buty vykorystani u stvorenni raketnoyi zbroyi, 27 July 1995.
[2] Natalya Yurchenko, "Sistema eksportnogo kontrolya Ukrainy," STC Web Site, http://www.ntc.kiev.ua/sec/index.html.{Updated 11/8/2001 KB}
Law on Use of Nuclear Energy and Radiation Safety No. 39,
8 February 1995
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."[1,2]
Sources:
[1] Law on Use of Nuclear Energy and Radiation Safety No. 39, Pro vykorystannya yadernoyi energiyi ta radiatsiynu bezpeku, 8 February 1995.{Updated 03/29/2002 YP}
[2] "Razdel XV. Eksport i import yadernykh ustanovok, oborudovaniya, tekhnologiy, yadernykh materialov, istochnikov ioniziruyushchego izlucheniya, spetsialnykh neyadernykh materialov i uslug v sfere ispolzovaniya yadernoy energii," Golos Ukrainy, 13 April 1995, pp. 3-9; in WPS, 5 March 1992, p. 42.{Updated 11/8/2001 KB}
Cabinet of Ministers Decree No. 734, On Liberalization of Export Operations,
24 October 1994
This decree establishes a list of goods that fall under quota and licensing regulations as well as sizes of such quotas.
[Cabinet of Ministers Decree No. 734, Pro liberalizatsiyu eksportnykh operatsiy, 24 October 1994.] {Updated 02/21/2002 YP}
Presidential Edict No. 448, On Improving the Order of the Sale of Military Property,
12 October 1993
This edict 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."
Cabinet of Ministers Decree No. 779, Statute of the Expert-Technical Committee of the Cabinet of Ministers of Ukraine,
21 September 1993
This decree further implements the changes outlines in Presidential Edict No. 3, and approves the statute of the Expert-Technical Committee (ETC). The responsibilities of the ETC as explained in Section II, Administrative Bodies, include implementation of appropriate state control over exports/imports of controlled items and facilitating interagency coordination of export control issues. As the working body for the Government Commission on Export Controls (GCEC), the ETC prepares documents for discussion at GCEC meetings, implements GCEC decisions, creates and maintains control lists, evaluates export/import license applications, and develops proposals on granting or lifting privileges to export controlled items.[1,2] Ukrainian export control experts consider 21 September 1993 as the official birthday of the country's export control system.[3]
Sources:
[1] Cabinet of Ministers Decree No. 779, Polozhennya pro Ekspertno-tekhnichniy komitet pri Kabineti Ministriv Ukraini, 21 September 1993.
[2] Victor Vaschilin, "State Export Controls in Ukraine," The Monitor, Vol. 3, No. 3, Summer 1997, Center for International Trade and Security Web Site, http://www.uga.edu/cits/publications/monitor_su_1997.pdf.
[3] Natalya Yurchenko, "Sistema eksportnogo kontrolya Ukrainy," STC Web Site, http://www.ntc.kiev.ua/sec/index.html.{Entered 11/5/2001 KB}
Cabinet of Ministers Decree No. 160, On Improving State Control Over the Export/Import of Weapons, Military Hardware, and Materials Which Could Be Used in Their Production,
4 March 1993
This decree implements Presidential Decree No. 3, creating the GCEC and the ETC. The decree approves the statute of the Government Commission on Export Controls, setting forth its responsibilities and obligations in the sphere of export control policy and procedures.
[Cabinet of Ministers Decree No. 160, Pro vdoskonalennya derzhavnogo kontrolyu za eksportom/importom/zbroi,viyskovoi tekhniki ta materialiv, shcho mozhut vikoristovuvatisya dlya ikh stvorennya, 4 March 1993.] {Updated 8/11/2001 KB}
Cabinet of Ministers Decree No. 159, On Creation of a List of Raw Materials, Materials, Equipment and Technologies Which Require Special Permission for Export,
4 March 1993
This decree 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 decree No. 2728-KhP, 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 Decree from July 1995, which established a control list for missile technologies, and a Cabinet of Ministers Decree from March 1996, which established a control list for nuclear materials and technologies.
[Cabinet of Ministers Decree No. 159, Pro perelik vydiv syrovyny, materialiv, obladnannya i tekhnologiy, vyvezennya yakykh za mezhi Ukrayiny mozhe zdiysnyuvatysya lyshe za spetsialnym dozvolom, 4 March 1993.] {Updated 11/8/2001 KB}
Presidential Edict No. 3, On Improving State Export Control,
3 January 1993
This edict supersedes Cabinet of Ministers Decree No. 153. It transforms the Government Expert-Technical Commission (GETC) into the Government Commission on Export Control (GCEC). It also creates the Expert-Technical Committee (ETC) under the Cabinet of Ministers. The commission includes heads of all ministries and government agencies involved in the export of controlled goods. 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.[1,2] According to experts from the Scientific and Technical Center on the Export and Import of Special Technologies, Hardware, and Materials, the GETC was replaced with the GCEC because the former's status as an advisory body did not provide sufficient flexibility for the handling of export control matters.[3]
Sources:
[1] Victor Vaschilin, "State Export Controls in Ukraine," The Monitor, Vol. 3, No. 3, Summer 1997, Center for International Trade and Security Web Site, http://www.uga.edu/cits/publications/monitor_su_1997.pdf.
[2] Presidential Edict No. 3, Pro vdoskonalennya derzhavnogo eksportnogo kontrolyu, 3 January 1993.
[3] Natalya Yurchenko, "Sistema eksportnogo kontrolya Ukrainy," STC Web Site, http://www.ntc.kiev.ua/sec/index.html.{Entered 11/5/2001 KB}
Verkhovna Rada Decree No. 2728-XII, On Creation of a List of Raw Materials and Materials Not Permitted for Export,
26 October 1992
This decree 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 decree, the list should include raw materials, materials, equipment and technologies which could be used in the production of weapons and military hardware.
Verkhovna Rada Decree No. 2471-KhP, On the Right of Possession of Certain Types of Materials,
17 June 1992
This decree 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 decree include: weapons, ammunition, special military wares, space-missile complexes, explosives, explosive devices, and all types of rocket fuel.
[Verkhovna Rada Decree No. 2471-KhP, Pro zovnishyoekonomichnu diyalnist, 16 April 1991.] {Updated 03/29/2002 YP}
Cabinet of Ministers Decree No. 153,
23 March 1992
This decree creates the Government Expert Technical Commission, headed by the Ministry of Machine-Building, Military-Industrial Complex, and Conversion. The commission is responsible for drafting export control laws and licensing arms exports.[1,2]
Sources:
[1] Victor Zaborsky, "Ukraine Restructures its Arms Export Controls," Center for International Trade and Security Web Site, http://www.uga.edu/cits/database/My%20Webs/Russia/
JIR%20artcl.htm.
[2] Victor Vaschilin, "State Export Controls in Ukraine," The Monitor, Vol. 3, No. 3, Summer 1997; in Center for International Trade and Security Web Site, http://www.uga.edu/cits/publications/monitor_su_1997.pdf. {Entered 11/5/2001 KB}
Law On Foreign Trade Activities, No. 959-KhP, 16 April 1991
Article 16, Introduction of Licensing and Quotas for Foreign Trade Operations, 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, Anti-Monopoly Measures in the Foreign Trade Activity Sphere, 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.
[Law on Foreign Trade Activities, No. 959-KhP, Pro zovnishyoekonomichnu diyalnist, 16 April 1991.] {Updated 03/29/2002 YP}
Law on Enterprises in Ukraine, No. 887-KhP, 27 March 1991
Article 8, Licensing of Types of Activities, states that certain types of activities require a license. Article 25, Foreign Trade Activity of Enterprises, states that enterprises conduct foreign trade independently, but are regulated by the laws of Ukraine.
[Law on Enterprises in Ukraine, No. 959-KhP, Pro pidpryyemstva v Ukrayini, 27 March 1991.] {Updated 04/01/2002 YP}
Law on Entrepreneurship, No. 698-KhP,
7 February 1991
Article 4, Limitations on Conducting Entrepreneurial Activities, 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.
[Law on Entrepreneurship, No. 698-KhP, Pro pidpryyemnytstvo, 7 February 1991.] {Updated 03/29/2002 YP}
Law On Property, No. 697-KhP,
7 February 1991
Article 34, Objects of All-State (Republican) Property Rights, 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.
[Law on Property, No. 697-KhP, Pro vlasnist, 7 February 1991.] {Updated 03/29/2002 YP}.
Law on Economic Independence, No. 142-KhP,
3 August 1990
Article 12, External Economic Activities and Interrepublican Relations, 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.
[Law on Economic Independence, No. 142-KhP, Pro ekonomichnu samostiynist Ukrayinskoyi RSR, 3 August 1990.] {Updated 03/28/2002 YP}
Declaration of State Sovereignty of Ukraine, No. 55-KhP,
17 July 1990
Article 6, Economic Independence, states that all natural resources, as well as the economic, scientific and technical potential of the country, are the property of the Ukrainian people.
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