LAW OF UKRAINE

of February 20, 2003 No. 549-IV

About the state control of the international transfers of military goods and double use

This Law regulates the activities connected with the state control of the international transfers of military goods and double use for the purpose of ensuring protection of national interests of Ukraine, observance of the international obligations by it about non-proliferation of weapons of mass destruction, means of its delivery, restriction of transfers of regular types of arms, and also implementation of measures for non-admission of use of the specified goods in terrorist and other illegal purposes.

Section I. General provisions

Article 1. Determination of terms

In this Law the stated below terms are used in the following value:

the international transfers of goods - export, import, re-export of goods, their temporary export out of limits of Ukraine or temporary import on its territory, transit of goods across the territory of Ukraine, and also any other transfers of goods which are performed outside Ukraine;

export - sale or transfer on other legal causes of goods to foreign subjects of economic and other activity with export or without export of these goods out of limits of customs border of Ukraine, including re-export of goods, including:

sale or transfer of goods in Ukraine to embassy or the representative of any legal entity of foreign state, the foreigner or the stateless person;

sale or transfer in Ukraine or beyond its limits of the right of management (control) of goods according to the legal entity of foreign state or its representative, the foreigner or the stateless person, including via means of communication;

disclosure of technology to the foreigner or stateless person;

the actual shipment of goods for the purpose of their further transfer or movement out of limits of Ukraine;

embargo (complete or partial) - prohibition or restriction of commodity export to the states determined by the international organizations which member is Ukraine, or to the states concerning which the corresponding national policy is pursued;

import - purchase or obtaining on other legal causes from foreign subjects of economic and other activity of goods with import or without import of these goods to Ukraine, including their purchase for own consumption by the branches and representative offices of organizations and organizations of Ukraine which are beyond its limits, and also diplomatic representations and consular establishments of Ukraine abroad;

re-export - sale or transfer on other legal causes to foreign subjects of economic and other activity with export or without export out of limits of Ukraine of the goods which are earlier imported to Ukraine;

transit - transportation of goods from one in other foreign state on the territory of Ukraine between two Items or within one check point through frontier of Ukraine, except as specified, when the property right or right of possession and uses of goods in case of such transportation in the territory of Ukraine in accordance with the established procedure passes from one to other person;

temporary export of goods - commodity exportation from Ukraine in foreign state with subsequent their return to Ukraine;

temporary import of goods - commodity importation to Ukraine from foreign state with subsequent their export out of limits of Ukraine;

goods - military goods and double use;

military goods in total or separately are:

military products - arms, ammunition, the military and special equipment, special components for their production, explosives, and also the materials and the equipment which are specially intended for development, production or use of the specified products;

military services - rendering to foreign legal or physical persons in Ukraine or beyond its limits of services, including intermediary (broker), in the field of development, production, construction, assembly, testing, repair, maintenance, modification, upgrade, operation, management, demilitarization, destruction, sale, storage, identification, identification, acquisition or uses of products or military technologies, and also rendering to the specified legal entities of foreign state or its representatives or foreigners of services in financing of such works;

military technologies - special information in any form (except for public information), necessary for development, production or use of military products and rendering military services. This information can be provided in the form of specifications or technical assistance:

specifications - the projects, plans, drawings, schemes, charts, models, formulas, specifications, the software, benefits and instructions placed on paper or others including electronic, data carriers;

technical assistance - briefings, provision of consultations, implementation of measures for the purpose of advanced training, training, practical development of methods of work;

basic technologies - the technologies determining the principle of work and use of the equipment, and elements of technologies without which military equipment cannot be created and used;

goods of double use - the separate types of products, the equipment, materials, the software and technologies which are specially not intended for military use, and also service related (technical assistance) which, except civil appointment, can be used in the military or terrorist purposes or for development, production, use of military goods, weapons of mass destruction, delivery systems of the specified weapon or nuclear destructive devices, including separate types of nuclear materials, chemicals, bacteriological, biological and toxic medicines which list is determined by the Cabinet of Ministers of Ukraine;

services (technical assistance) of double use - provision to foreign legal entities or foreigners in Ukraine or beyond its limits of the technical support connected with repair, development, production, use, creation, testing, modification, upgrade, maintenance in working order including designer's and warranty service, or any other maintenance of systems, the equipment and their components, the software and technologies which are subject to the state export control. The service (technical assistance) can acquire form of instructing, advanced training, training, practical development of methods of work, provision of consultations and can include transfer of specifications;

final consumers are subjects of housekeeping of Ukraine, the state bodies of Ukraine, the Armed Forces of Ukraine and other military forming, law enforcement agencies, foreign subjects of economic and other activity which are directly consumers of goods according to imported to Ukraine or exported from Ukraine;

military end use - use of any goods for the purpose of development, productions, assemblies, testing, repair, maintenance, modification, upgrade, operation, storage, identification, identification, acquisition of military products, including:

use of production, pilot or processing equipment and its components;

use of any components of the specified goods, and also the equipment, materials, the software and technologies or rendering any services;

inclusion of such goods in structure of military products;

the subject of implementation of the international transfers of goods - the registered central executive body realizing state policy in the field of the state export control, the state customer in the field of defense and the subject of managing having intention to perform or performing the international transfers of goods including intermediary (broker) activities;

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