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Export control
08 September 2020 09:53

Ukraine is a member of all international export control regimes.

Ukraine ensures strict compliance with its obligations under all regimes, which is in line with the national interests of our country and the goals of non-proliferation of weapons of mass destruction and their means of delivery, limitation of conventional arms transfers and counter-terrorism. These obligations are implemented by establishing proper state control over international transfers of military and dual-use goods.

The main act of national legislation in this area is the Law of Ukraine "On State Control over International Transfers of Military and Dual-Use Goods".

The procedures for state export control over international transfers of such goods in Ukraine fully comply with the guidelines of the Wassenaar Arrangement, the Missile Technology Control Regime, the Nuclear Suppliers Group, the Australia Group and are regulated by the relevant procedures approved by the Cabinet of Ministers of Ukraine dated 20.11.2003 No. 1807 and 28.01.2004 No. 86.

In January 2018, Ukraine introduced the Unified List of Dual-Use Goods, which complies with Council Regulation (EC) No. 428/2009 of May 5, 2009 establishing a Union regime for the control of exports, transfer, brokering and transit of dual-use goods.

The Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (WA) is an international organization.

The WA was established to promote regional and international security and stability by fostering transparency and broader accountability in the transfer of conventional arms and dual-use goods and technologies, thereby preventing their destabilizing accumulation. Participating States seek to ensure, through their national policies, that transfers of these items do not contribute to the development or enhancement of military capabilities that undermine these objectives, nor are they diverted to support such capabilities. The aim is also to prevent terrorists from acquiring these items.

The decision to transfer or refuse to transfer any item is the sole responsibility of each participating state. All measures related to participation in the VD are taken in accordance with national legislation and policies and are implemented based on national guidelines.

Representatives of the participating states hold regular meetings in Vienna, where the headquarters and the Secretariat of the WA are established.

The plenary session of the WA is the decision-making body. Plenaries, which are attended by representatives of all participating States, are generally held once a year, commonly in December. The position of the Chairperson of the Plenary Session is subject to annual rotation among the participating states. All decisions of the plenary session are taken by consensus.

The plenary establishes subsidiary bodies to prepare recommendations for decision-making at the plenary and holds special meetings for consultations on issues related to the functioning of the WA. Currently, the main subsidiary bodies of the WA are: The Working Group on General (Political) Issues (WGGI), dealing with policy-related issues, and the Group of Experts (GoE), dealing with issues related to the lists of controlled goods. The representatives of licensing and enforcement issues meet annually.

Guidance documents, as well as the control lists, are available on the Internet at https://www.wassenaar.org/.

Periodic meetings of the Contact Point in Vienna, chaired by the Chairperson of the WA, are convened to facilitate intersessional information exchange and communication between the States Parties and the Secretariat.

Ukraine was one of the founding members of the WA in July 1996. In 2002, Ukraine successfully chaired the Plenary of the regime. Ukraine regularly disseminates relevant exchange information among the States Parties to the Regime.

42 states are parties to the WA, namely: Argentina, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Great Britain, Greece, Hungary, India, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, Mexico, Netherlands, New Zealand, Norway, Poland, Portugal, Republic of Korea, Romania, Russian Federation, Slovakia, Slovenia, South African Republic, Spain, Sweden, Switzerland, Turkey, Ukraine and United States of America.

The Missile Technology Control Regime (MTCR) was established in 1987 at the initiative of the United States as part of its nuclear non-proliferation policy.

Since 1993, Ukraine has been controlling international transfers of goods related to the rocket and space sector. On July 24, 1998, our country became a member of the MTCR and regularly participates in meetings of the regime's working bodies and Plenary sessions of its member states.

The purpose of this regime is to limit the risk of proliferation of missiles, complete missile systems, unmanned aerial vehicles and technologies for creating systems capable of delivering a payload of 500 kg over a distance of more than 300 km, as well as systems that can be carriers of weapons of mass destruction.

Control under the MTCR apply to certain advanced missile systems (including ballistic missiles, space launch vehicles, and sounding missiles) and unmanned aerial vehicle systems (including cruise missiles, UAVs, and remotely piloted vehicles). The partners also recognize the importance of controlling missile technology transfers without disrupting legitimate trade, and acknowledge the need to strengthen the regime's effectiveness through cooperation with non-members.

The regime is based on adherence to the general export policy guidelines applicable to the general list of controlled items listed in the MTCR's Annex of Equipment, Software and Technology. The regime as a group does not make decisions on export licensing. Individual partners are responsible for implementing the Guidelines and the Annex on the basis of a sovereign national decision and in accordance with national law and practice.

MTCR Member States, as contributors to common security, seek to encourage all countries to comply with the MTCR Guidelines on Missile and Missile-Related Technology Transfers. Country may choose to comply with the MTCR Guidelines without being required to become a member of the regime.

The MTCR partners regularly exchange information on national missile nonproliferation export licensing in the context of achieving the overall objectives of the regime. The MTCR plenary meeting is held annually, with the chairmanship rotating. In addition, intersessional consultations are held monthly within the framework of the Contact Point meetings in Paris, and meetings of the Group of Technical Experts are convened under special procedures. The MTCR does not have its own secretariat; the working documents of the regime are circulated through the Contact Point, which is operated by the French Ministry of Foreign Affairs.

The MTCR guidelines and checklists are available on the Internet at https://mtcr.info/.

35 states are parties to the MTCR, namely: Argentina, Australia, Austria, Belgium, Bulgaria, Brazil, Canada, Canada, Czech Republic, Denmark, Finland, France, Greece, Hungary, India, Ireland, Iceland, Italy, Japan, Luxembourg, the Netherlands, Germany, New Zealand, Norway, South Africa, Poland, Portugal, Republic of Korea, Russian Federation, South Africa, Spain, Sweden, Switzerland, Turkey, Ukraine, United Kingdom, United States of America.

In 1968, the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) entered into force, establishing the principles of not transferring nuclear weapons to other states and not producing or acquiring them.

Several States Parties have established informal associations to take joint actions to counteract the development of nuclear programs by states that do not adhere to the relevant principles of nuclear non-proliferation. These informal associations are known as the Zangger Committee (ZC) and the Nuclear Suppliers Group (NSG).

In particular, in 1978, the NSG was established as an informal association of states supplying nuclear materials (Canada, Federal Republic of Germany, France, Great Britain, Japan , USA, USSR), which agreed on common principles for the export of "nuclear sensitive" goods and seek to prevent the acquisition of nuclear weapons by countries not defined by the NPT as nuclear-weapon states. The NSG Guidelines are published in the IAEA document INFCIRC/254 and cover industrial goods that can be used to build nuclear weapons. The NSG Guidelines were first approved in 1992, which became a significant contribution to the international export control system.

National control over nuclear dual-use goods has been carried out in Ukraine since 1993. Ukraine became a member of the NSG in April 1996, when it first took part in the meetings of this regime in Buenos Aires (Argentina). Delegations of Ukrainian experts regularly participate in the meetings of the regime's expert and advisory groups and NSG Plenary meetings to discuss issues related to amendments and additions to the NSG Guidelines and relevant Checklists.

The Guidelines and NSG Checklists are available on the Internet at https://www.nuclearsuppliersgroup.org/en/.

As of 2021, 48 states are members of the NSG, namely: Argentina, Australia, Austria, Belarus, Belgium, Brazil, Bulgaria, Canada, China, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Kazakhstan, Latvia, Lithuania, Luxembourg, Malta, Mexico, Netherlands, New Zealand, Norway, Poland, Portugal, Republic of Korea, Romania, Russian Federation, Serbia, Slovakia, Slovenia, South African Republic, Spain, Sweden, Switzerland, Turkey, Ukraine, United Kingdom, United States.

The Zangger Committee was established in 1974. Ukraine has been a member of the Zangger Committee since 1996.

The Zangger Committee was established by a group of States Parties to the NPT and became the initial element in the creation of an international system of control over "nuclear" exports by agreeing on a "trigger list" States Parties apply in their national export control systems. This led to the establishment of a list of goods and technologies sensitive in the context of nuclear proliferation and an agreement on controlling international transfers of such goods.

The Zangger Committee holds meetings twice a year. Information on the ZC’s activities is available on the Internet at http://zanggercommittee.org/.

As of 2021, 39 states are members of the Zangger Committee, namely: Argentina, Australia, Austria, Belarus, Belgium, Bulgaria, Canada, China, Croatia, Czech Republic, Denmark, Finland, France, Germany, Great Britain, Greece, Hungary, Ireland, Italy, Japan, Kazakhstan, Luxembourg, Netherlands, New Zealand, Norway, Poland, Portugal, Republic of Korea, Romania, Russian Federation, Slovakia, Slovenia, South African Republic, Spain, Sweden, Switzerland, Turkey, Ukraine, United States.

The Australia Group (AG) international export control regime was established in 1985, when the international community expressed concern over the use of chemical weapons during the Iran-Iraq war of 1980-1988, to introduce common rules for member states to control the export of goods that could be used to produce chemical and biological weapons.

The AG is a forum in which member states coordinate export control and licensing policies to minimize the risks of chemical and biological weapons proliferation. Within the framework of the AG, the Lists identifying toxic chemicals and their precursors, biological substances, dual-use chemical and biological equipment and related technologies have been agreed upon. The participating states have undertaken political commitments to ensure national control over the export of these products.

The activities and development of the AG are carried out on the basis of the Guidelines, which define the directions of international and national policy in the field of export control of chemical and biological substances and dual-use equipment. The Guidelines, as well as the AG control lists, are available on the Internet at www.australiagroup.net.

Ukraine has been a full participant in the AG regime since 2005 and participates in the analysis and discussion of proposals, comments during meetings of the AG working bodies.

As of 2021, the European Commission and 42 states are members of the AG, namely: Argentina, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, India, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, Mexico, Netherlands, New Zealand, Norway, Poland, Portugal, Republic of Korea, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine, United Kingdom, United States.

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