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It is registered

Ministry of Justice of Ukraine

April 1, 2011

No. 437/19175

ORDER OF ADMINISTRATION OF PUBLIC SERVICE OF SPECIAL COMMUNICATION AND INFORMATION PROTECTION OF UKRAINE

of March 11, 2011 No. 53

About approval of the Procedure for provision of the conclusions and approvals of export and temporary export of military goods and double use which belong to cryptographic systems of means cryptographic and information technical protection or contain such means in the structure

(as amended on 31-07-2019)

According to Item of 31 part one of article 16 of the Law of Ukraine "About Public service of special communication and information protection of Ukraine", subitem 49-4 of item 4 of the Regulations on Administration of Public service of special communication and information protection claimed by the resolution of the Cabinet of Ministers of Ukraine of 24.06.2006 No. 868, for the purpose of determination of procedure for provision of the conclusions and approval by Administration of Public service of special communication and information protection of Ukraine of the international transfers of cryptographic systems, means cryptographic and information technical protection, in particular those which are components of arms, the military and special equipment, PRIKAZYVAYU:

1. Approve the Procedure for provision of the conclusions and approval of export and temporary export of military goods and double use which belong to cryptographic systems to means cryptographic and information technical protection or contain such means which is applied in the structure.

2. To provide to the director of the department of regulation of activities in the field of cryptographic information protection of Administration of Public service of special communication and information protection of Ukraine submission of this order in accordance with the established procedure on state registration in the Ministry of Justice of Ukraine.

3. To impose control over the implementation of this order on the vice-chairman of Public service of special communication and information protection of Ukraine according to distribution of functional obligations.

4. This order becomes effective from the date of its official publication.

Chairman of Service

L. I. Netudikhata

 

It is approved:

The chairman of the State committee of Ukraine concerning regulatory policy and entrepreneurship

M. Brodsky

 

Chairman of Public service of export control of Ukraine

V. A. Demekhin

  

Approved by the Order of Administration of Public service of special communication and information protection of Ukraine on March 11, 2011, No. 53

The procedure for provision of the conclusions and approval of export and temporary export of military goods and double use which belong to cryptographic systems to means cryptographic and information technical protection or contain such means in the structure

I. General provisions

1.1. This Procedure is developed according to the Laws of Ukraine "About Public service of special communication and information protection of Ukraine", "About the state control of the international transfers of military goods and double use", the Regulations on procedure of cryptographic information protection in Ukraine approved by the Presidential decree of Ukraine of 22.05.98 No. 505, of the Regulations on Administration of Public service of special communication and information protection of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of September 3, 2014 No. 411, the Procedure of the state control of the international transfers of goods of double use approved by the resolution of the Cabinet of Ministers of Ukraine of 28.01.2004 No. 86, and the Procedure of the state control of the international transfers of military goods approved by the resolution of the Cabinet of Ministers of Ukraine of 20.11.2003 No. 1807.

1.2. The procedure determines requirements for provision by Administration of Gosspetssvyaz of outputs and approval of export and temporary export of military goods and double use (further - goods) which belong to cryptographic systems, means cryptographic and information technical protection (further - information security products) or contain them in the structure.

1.3. Requirements of the Procedure are obligatory for execution by state bodies, companies, organizations and organizations irrespective of pattern of ownership and subordination and the military forming formed according to the laws of Ukraine (further - the organizations).

1.4. In this Procedure the term «conclusion» means the conclusion about compliance of goods to conditions of the cryptographic note 3, of notes to line items 5A002 and 5D002 of part two of Section 5 of the Single list of goods of double use (appendix to the Procedure of the state control of the international transfers of goods of double use approved by the resolution of the Cabinet of Ministers of Ukraine of January 28, 2004 No. 86).

Other terms and concepts used in this Procedure are used in the values given in the regulatory legal acts specified in Item 1.1 of this Procedure.

1.5. Provision of the conclusions and approval of export and temporary export of the goods belonging to information security products or contain them in the structure, is performed on a grant basis.

1.6. The inventory concerning which the conclusion and approval of export and temporary export is provided is determined:

part two of Section 5 of the Single list of goods of double use (appendix to the Procedure of the state control of the international transfers of goods of double use approved by the resolution of the Cabinet of Ministers of Ukraine of January 28, 2004 No. 86);

notes e and f in ML11.a subline item the List of military goods, the international transfers of which are subject to the state control (appendix to the Procedure of the state control of the international transfers of military goods approved by the resolution of the Cabinet of Ministers of Ukraine of 20.11.2003 No. 1807).

1.7. The conclusion and approval of export and temporary export of the goods belonging to information security products or contain them in the structure, are provided based on the written appeal of the organization to which the documents specified in Items 2 are attached. 1, 3.1 and 3.2 presents of the Procedure.

The administration of Gosspetssvyaz can demand from the organization additional materials, technical helps or other documents which contain explanations of the data which are rather provided by the organization and is necessary for acceptance of reasoned decision.

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