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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of June 8, 1998 No. 838

About approval of the Regulations on procedure for provision of powers on the right of implementation of export, military commodity import and the goods containing data which are the state secret

(as amended on 26-03-2022)

The Cabinet of Ministers of Ukraine decides:

Approve Regulations on procedure for provision of powers on the right of implementation of export, military commodity import and the goods containing data which are the state secret it (is applied).

Prime Minister of Ukraine

V. Pustovoytenko

Approved by the Resolution of the Cabinet of Ministers of Ukraine of June 8, 1998 No. 838

Regulations on procedure for provision of powers on the right of implementation of export, military commodity import and the goods containing data which are the state secret

General part

1. This Provision determines procedure for provision to subjects of managing and the state customers in the field of defense (further - the state customers) powers on the right of implementation of export, military commodity import and goods which contain data which are the state secret (further - goods).

2. In this Provision 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. Subjects of managing, the state customers who received powers according to this Provision can perform export and commodity import in the presence at them the corresponding permission of Goseksportkontrol.

4. Without receipt of powers are performed:

movement of goods in connection with events which are held by Armed Forces and other military forming of Ukraine outside its territory or military forming of foreign states in the territory of Ukraine within international treaties;

temporary export, commodity importation for the purpose of demonstration (advertizing) at exhibitions, fairs, and also carrying out their certification, testing or warranty repair by the companies (organizations, the organizations) which possess these goods;

import and temporary import, export of spare parts, components and technologies for repair (continuation of useful life) or upgrade of military products by the companies (organizations, the organizations) which are developers or producers of such goods, and also import of spare parts, components and technologies for production of military goods by the companies (organizations, the organizations) which are producers of such goods.

military commodity import on line items of ML1-ML22 of 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 November 20, 2003 No. 1807 (The Official Bulletin of Ukraine, 2003, No. 48, Art. 2506; 2017, No. 67, the Art. 2011), subjects of implementation of the international transfers of goods during action of martial law imposed according to the legislation for needs of the law enforcement agencies, Armed Forces and other military forming formed according to the laws of Ukraine, other subjects fighting terrorism according to the law.

Subjects of managing use earlier conferred powers in case:

export by the manufacturing companies of specially intended component parts to military products for ensuring production of goods in foreign states according to the Ukrainian licenses;

the export of the educational and service specialized equipment and accessory, spare parts and technologies to military products which are earlier delivered in accordance with the established procedure Ukraine to the foreign consumer and also the services connected with implementation of designer's, technical (warranty) service, with their maintenance, repair (continuation of useful life), testing and so forth if they are performed by subject of managing which was developer, the producer or the supplier of such products.

5. Conclusion concerning need of receipt of powers by the subject of managing is issued during registration of this subject in Goseksportkontrole as subject of implementation of the international transfers of goods.

Procedure for provision of powers

6. For determination of possibility of receipt of powers, except the cases specified in Item 13 of this provision, the subject of managing sends to Goseksportkontrol the letter which is drawn up on the form of such subject with indication of the purpose of the address to which attaches the statement for receipt of powers on the right of implementation of export, military commodity import and the goods containing the data which are the state secret (further - the statement) which form and requirements to filling are established by Ministry of Economics.

When the subject of managing provides implementation of military commodity import on separate line items of the list of military goods in case, the international transfers of which are subject to the state export control, not for self-produced needs, the copy of the dealer contract with the foreign producer of goods certified in accordance with the established procedure on the corresponding line items which import is supposed to be performed is attached to the specified documents.

7. Statements and documents filed for receipt of powers are considered by Goseksportkontrol and are sent for consideration in Ministry of Economics, the Ministry of Defence, the MFA, the SSU, prospecting bodies of Ukraine and in case of need other central executive bodies.

During consideration of the application of the subject of managing are considered:

its activities in the international market for the previous three years (in case of implementation of such activities);

lack of data on violation by it or his officials of the legislation, including legislations concerning export control, and also in the field of protection of the state secret during implementation of foreign economic activity;

participation in accomplishment of the state defense order (in case of availability);

feasibility of provision of powers according to certain nomenclature of goods, proceeding from interests of the state;

availability at the company (in organization, the organization) systems of intra-corporate export control and officials who provide functioning of this system;

creditor and receivables;

availability of production capacities and scientific and technical potential.

8. No. 805 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 29.08.2018.

9. The term of consideration of the statement by Goseksportkontrol cannot exceed 40 days from the date of representation by the subject of managing of properly issued application.

If the statement contains incomplete data or is completed with violation of the established requirements, Goseksportkontrol within five working days informs the subject of managing on need of reduction it in compliance with such requirements. The statement which is not brought into accord with the established requirements within one month is not subject to consideration.

The statement of the subject of managing is also not subject to consideration by Goseksportkontrol in case:

when it contains false information;

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