Ukraine

National legal authority

- Law of Ukraine ‘On State Control of international Transfers of Goods Designated for Military Purposes and Dual-Use Goods’, 20 February, 2003

- Decree no. 117/98 of the President of Ukraine, 13 February 1998;

- Decree no. 422/99 of the President of Ukraine, 21 April 1999;

- Decree no. 423/97 of the President of Ukraine, 13 May 1997;

- Provisions approved by Decree no. 1005 of the Cabinet of Ministers of Ukraine, 22 June 1996;

- Provisions approved by Decree no. 125 of the Cabinet of Ministers of Ukraine, 4 February 1997 with changes according to Decree no. 1042 by the Cabinet of Ministers 15 June 1999;

- Provisions approved by Decree no. 1358 by the Cabinet of Ministers of Ukraine, 8 December 1997;

- Decree no. 1228 of the Cabinet of Ministers of Ukraine, 12 July 1999;

- Decree no. 2042 of the Cabinet of Ministers of Ukraine, 4 November 1999;

- Decree no. 473 of the Cabinet of Ministers of Ukraine, 10 March 2000.

National policy and practice of Ukraine regarding export of conventional weapons and related technologies

Statement submitted to UN Secretary General July 2000

Ministry of Foreign Affairs of Ukraine: Aide Memoire, December 10, 2002

- OSCE Criteria on conventional arms exports.

- The Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies.

- UN Disarmament Commission Guidelines on Conventional Arms Control/Limitaion and Disarmament.

- EU Code of Conduct on Conventional Arms Exports

Control lists

Export is prohibited to countries under UN Security Council arms embargoes. Otherwise decisions are made on a case-by-case basis.

The Ukrainian national control list is divided into five categories:

1. goods related to nuclear activity that can be used to develop nuclear weapons;
2. goods that can be used to develop chemical, bacteriological and toxic weapons;
3. missiles as well as hardware, materials, and technologies that can be used to develop missiles;
4. military goods;
5. dual-use goods.

The list of goods, designated for military purposes, international transfers of which to be subject to state export control was published as an Annex to Decree no. 1358 by the Cabinet of Ministers of Ukraine, 8 December 1997.

Licensing procedures

State Service on Export Control within the Ministry of Economy.

The Commission on Export Control Policy and Military and Technical Cooperation with Foreign Countries, which is under the authority of the Presidential Administration.

An exporter requires permission from the State Service on Export Control to begin contract negotiations with a foreign customer.

Licences can be revoked or suspended if:

• there are reasons to believe that the end-use of the items run counter to the information contained in the licence application;
• the exporter becomes bankrupt or ceases to exist;
• the terms of the contract with the foreign partner that was the basis for the licence application was altered after the licence was issued;
• or if the transfer violates Ukraine's international obligations.

General and individual licences are available.

A licence is required for temporary export of controlled items.

An exporter may be subject to criminal penalties (imprisonment and/or fines) or administrative penalties including:

• permission to conduct foreign military-technical cooperation may be revoked;
• revocation or suspension of existing licences;
• revocation of privileges regarding export or import of goods.