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Ministry of Justice of Ukraine

September 20, 2016

No. 1270/29400

ORDER OF THE MINISTRY OF DEFENCE OF UKRAINE

of August 30, 2016 No. 449

About approval of the Instruction about the organization of attraction, use, accounting and monitoring of the international technical assistance in the Ministry of Defence of Ukraine and the Armed Forces of Ukraine

According to the resolution of the Cabinet of Ministers of Ukraine of February 15, 2002 to No. 153 "About creation of single system of attraction, use and monitoring of the international technical assistance" (with changes) and for the purpose of ensuring proper organization of events, connected with attraction, use, accounting and monitoring of the international technical assistance in the Ministry of Defence of Ukraine and the Armed Forces of Ukraine, I order:

1. Approve the Instruction about the organization of attraction, use, accounting and monitoring of the international technical assistance in the Ministry of Defence of Ukraine and the Armed Forces of Ukraine which is applied.

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

Minister of Defence of Ukraine general of Ukraine

S.T.Poltorak

Approved by the Order of the Ministry of Defence of Ukraine of August 30, 2016 No. 449

The instruction about the organization of attraction, use, accounting and monitoring of the international technical assistance in the Ministry of Defence of Ukraine and the Armed Forces of Ukraine

I. General provisions

1. This Instruction is developed in pursuance of the Procedure for the attraction, use and monitoring of the international technical assistance approved by the resolution of the Cabinet of Ministers of Ukraine of February 15, 2002 No. 153 (with changes), and for the purpose of implementation of the Agreement between Ukraine and the United States of America about assistance to Ukraine in liquidation of strategic nuclear weapon, and also prevention of distribution of nuclear weapons of mass destruction of the October 25, 1993 approved by the resolution of the Cabinet of Ministers of Ukraine of December 31, 1993 No. 1077, of the Agreement between the Government of Ukraine and the Government of the United States of America concerning program implementation and projects of international aid in the military sphere of December 08, 1999 ratified by the Law of Ukraine of November 2, 2000 No. 2079-III.

This Instruction is not applied in case of accomplishment of the Implementation agreement between the Cabinet of Ministers of Ukraine and the NATO Organization for material logistics and servicing (OMTOO) about utilization of small arms and light weapons, conventional ammunition and antipersonnel mines like PFM-1, No. 4338-VI ratified by the Law of Ukraine of January 13, 2012.

2. This Instruction establishes the organization of interaction between structural divisions of the Ministry of Defence of Ukraine, the General Staff of the Armed Forces of Ukraine, bodies of military management, connections, military units, military educational institutions, organizations and the organizations which belong to the sphere of management of the Ministry of Defence of Ukraine and the Armed Forces of Ukraine, and also with the central executive bodies of Ukraine and authorized representatives of foreign states concerning attraction of the international technical assistance (further - MTP), the conclusions of contracts for project implementation (programs) concerning provision (attraction) of MTP (further - projects (programs) of MTP), their realization, approval of import of MTP to Ukraine, receipts of loads, accounting, distribution, use and monitoring of programs of the foreign help, and also determines distribution of powers of officials of the Ministry of Defence of Ukraine and the Armed Forces of Ukraine in this field of activity.

3. In this Instruction terms are used in the values given in the resolution of the Cabinet of Ministers of Ukraine of February 15, 2002 No. 153 "About creation of single system of attraction, use and monitoring of the international technical assistance" (with changes).

4. MTP can be attracted in type:

any property necessary for ensuring accomplishment of tasks of projects (programs) with MTD which is imported or acquired in Ukraine, except goods which movement through customs border of Ukraine is forbidden;

works and services;

financial resources (grants) in national or foreign currency;

other resources which are not prohibited by the legislation of Ukraine.

Attraction of MTP is considered one of sources of providing the Armed Forces of Ukraine with material means.

5. Structural divisions of the Ministry of Defence of Ukraine, the General Staff of the Armed Forces of Ukraine, bodies of military management, connection, military units, military educational institutions, organizations and the organizations of the Ministry of Defence of Ukraine and the Armed Forces of Ukraine which are responsible for material logistics of the Armed Forces of Ukraine according to the tasks assigned to them on attraction and use of MTP:

develop in the corresponding areas of work of the offer on attraction and use of MTP according to the priority directions;

participate in negotiations with official representatives of foreign states on the corresponding activities;

provide obligations of the Ukrainian side on the project (program) of MTP concerning interaction, preparation of basic data, allocation of necessary rooms and materials for project implementation (program) of MTP;

prepare and timely give to the Center of ensuring peacekeeping activities and implementation of international treaties of the Armed Forces of Ukraine (further - the Center) reporting materials for implementation of monitoring of projects (programs) of MTP.

6. The executive body in the Ministry of Defence of Ukraine and the Armed Forces of Ukraine concerning the organization of attraction, generalization and preparation of documents for state registration of projects (programs) of MTP, preparation for contract signature, conducting operational accounting of contracts for project implementation (programs) of MTP, control of use of MTP and monitoring of MTP determines the Center.

7. For the purpose of attraction and use of MTP the Center will organize actions in the relation:

providing the proper organization of project implementation (programs) MTP;

processings with representatives of the donor of possibility of attraction of MTP, determination of procedure for its provision, conditions and mechanisms of implementation of the corresponding projects (programs) of MTP;

determinations of procedure and conditions of obtaining from the donor of the documents necessary for registration of MTP;

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