RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of July 15, 1997 No. 767

About approval of the Regulations on procedure for conducting examination in the field of the state export control

The Cabinet of Ministers of Ukraine DECIDES:

Approve Regulations on procedure for conducting examination in the field of the state export control it (is applied).

Approved by the Resolution of the Cabinet of Ministers of Ukraine of July 15, 1997 No. 767

Regulations on procedure for conducting examination in the field of the state export control

1. This Provision determines procedure for conducting examination of goods which international transfers are subject to the state export control, subjects of managing which intend to perform the international transfers of such goods (further - subjects), and the state customers in the field of defense who intend to perform military commodity import and the goods containing the data which are the state secret (further - the state customers).

2. In this Provision terms are used in the following value:

goods which international transfers are subject to the state export control, - the goods entered in the lists constituted and approved according to article 9 of the Law of Ukraine "About the state control of the international transfers of military goods and double use", and also goods concerning which procedures of the state export control according to article 10 of noted Law can be applied;

objects of examination - goods which international transfers are subject to the state export control, and also subjects which intend to perform the international transfers of such goods;

the expert - the highly qualified specialist who has the higher education, the corresponding qualification and professional knowledge on questions which are researched carries out the service duties connected with implementation of activities in the corresponding industry, directly carries out expertize and bears the personal responsibility for reliability and completeness of the analysis, justification of conclusions according to task for conducting examination.

Other terms are used in the value given in the Law of Ukraine "About the state control of the international transfers of military goods and double use".

3. Expertize in industry of the state export control is carried out by Goseksportkontrol according to article 11 of the Law of Ukraine "About the state control of the international transfers of military goods and double use".

4. Subjects of examination in the field of the state export control are customers of examination, her organizers, and also experts.

The central executive bodies, other state bodies and subjects interested in conducting such examination can be customers of examination.

Organizers of such examination can be legal entities and physical persons which based on request, the order or contracts with customers organize and carry out expertize.

By experts the corresponding officials of Goseksportkontrol, other central bodies executive the power and state bodies, and also specialists of the companies, organizations and organizations can be designated.

5. Excluded

6. Conducting examination of goods by Goseksportkontrol which international transfers are subject to the state export control is obligatory.

Need for conducting examination of the specified goods by other central executive bodies and other state bodies, and also the legal entities or specialists of the companies authorized on it, organizations and the organizations is determined by Goseksportkontrol.

The procedure for provision to legal entities of powers on conducting examination in the field of the state export control is determined by Goseksportkontrol.

7. Examination in the field of the state export control can be state and non-state.

State examination is carried out:

Goseksportkontrol;

other central executive bodies and other state bodies within the competence (on motivated request of the customer of examination or the Interdepartmental commission on policy of military and technical cooperation and export control).

For conducting state examination in industry of the state export control legal entities, and also specialists of the companies, organizations and organizations, at the request of Goseksportkontrol or other state bodies can be involved.

The conclusion of state examination is obligatory for consideration by Goseksportkontrol and other executive bodies for adoption of relevant decisions.

Non-state expertize is carried out by the legal entities having on it appropriate authority at the initiative of the customer of examination interested in receipt of expert opinions.

The conclusion of state examination has not advisory nature and can be taken into account executive bodies along with the conclusions of state examination for adoption of relevant decisions.

8. The state and non-state examination in the field of the state export control can be preliminary, the main, repeated and additional.

Preliminary expert examination is carried out on purpose:

determinations of compliance of names and descriptions of the goods given for examination, names and descriptions of the goods brought in corresponding lists of goods which international transfers are subject to the state export control;

determination of opportunities of carrying out registration of subjects, including legal entities or physical persons which intend to perform the intermediary (broker) activities connected with the international transfers of military goods, and also the state customers;

estimates of condition of observance by subjects of the legislation concerning export control and availability at these subjects of the relevant organizational documents regulating such work;

estimates of possibility of implementation of the international transfers of the goods determined by subjects to the specific states.

The main examination provides implementation of actions, stipulated in Item 3 this provision, for the purpose of preparation of the reasonable conclusion for decision making about opportunity and conditions of implementation of the international transfers of specific goods (groups of goods) which international transfers are subject to the state export control.

Repeated expertize can be carried out in case of violation of the established requirements and rules during preliminary or main expert examination or upon the demand of the customer of examination in the presence of well-ground claims to the conclusions of preliminary and main expert examination.

Additional expertize is carried out if circumstances which influence are revealed or can affect result of preliminary and main expert examination.

9. The customer of examination has the right:

determine need of conducting preliminary, main, repeated and additional expert examination;

submit the petition for replacement of experts;

obtain information on the course of conducting examination at all stages of expert process.

10. The customer of examination shall:

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