On 8 July 2000, Ukrainian President Leonid Kuchma signed Edict No. 868 creating the Committee for Policy on Military-Technical Cooperation and Export Control to replace the Commission on Export Control Policy and Military-Technical Cooperation with Foreign States. The committee is comprised of permanent representatives from government ministries, including deputy ministers of Foreign Affairs, Defense, Environmental and Natural Resources, and representatives of the Security Service of Ukraine, the National Space Agency, the State Customs Service, the State Committee on Industrial Policy, and the Nuclear Regulatory Administration. The committee reports directly to the president, as well as to the National Security and Defense Council.[1,2]
The Committee for the Policy on Military-Technical Cooperation and Export Control and the State Service for Export Control (SSEC) are the two main export control bodies in Ukraine. When the SSEC is unable to come to an agreement on an export license application, the application is forwarded to the committee for a decision. Likewise, applications involving certain items or destination countries must be reviewed by the committee. Once the committee makes a decision, applications are returned to the SSEC, which issues a license or rejects the exporter's application based on the committee's decision. The SSEC meets as needed, at least monthly, to consider license applications.[2] The committee also oversees Ukrspetseksport, Ukraine's arms export agency.[3]
The Committee for Policy on Military-Technical Cooperation and Export Control does the following:
- influences national policy on military-technical cooperation;
- coordinates other agencies involved with export control issues;
- imposes limits or bans on the international transfer of goods, while taking into account national security interests;
- makes decisions as needed or at least monthly on the international transfer of goods when the State Service for Export Control is unable to come to a decision;
- reviews drafts of export control-related legislation from the President and Cabinet of Ministers;
- analyzes Ukraine's compliance with its international nonproliferation obligations;
- evaluates market conditions for military and dual-use goods and proposes ways of increasing Ukraine's market share.[4,5]
Precursors to the committee include the Commission for Policy on Export Control and Military-Technical Cooperation with Foreign Countries (created by a 4 February 1999 edict), the Government Commission for Export Control Policy (GCECP) (created by a 28 December 1996 edict), the Government Commission on Export Controls (created by a 3 January 1993 edict), and the Government Export and Technical Commission (created by a 23 March 1992 decree).[6,7] See Ukraine: Export Control Overview for more information on Ukraine's export control system.
The SSEC was created by a 10 March 2000 Cabinet of Ministers Decree.[1] It is the only government entity with the authority to issue export and import licenses. An independent entity within the Ministry of the Economy, the SSEC reports to the Committee for Policy on Military-Technical Cooperation and Export Control.[2] The SSEC Internal Commission makes decisions on routine, straightforward license applications. Most license applications, however, are more complicated and require a review by the SSEC Interagency Expert Council.[2] See the Licensing section of Ukraine: Export Control Overview for more information on licensing. The SSEC employs 48 people.[3]
The SSEC does the following:
- issues licenses for the international transfer of controlled goods;
- negotiates foreign sales contracts for the transfer of military or dual-use goods to states on which Ukraine has placed a partial embargo on the delivery of such goods;
- reviews export control documents;
- makes decisions on the revocation or suspension of licenses;
- issues import certificates and other documents that provide government guarantees for the use of goods for declared purposes;
- registers companies and individuals involved in the international transfer of goods;
- drafts export control legislation;
- develops and maintains control lists;
- maintains a central, automated export control system;
- prepares materials for the Committee for Policy on Military-Technical
Cooperation and Export Control;[4]
- submits annual reports to the Cabinet of Ministers on licenses granted and goods exported under license.[3,4]
In July 2001 the Ukrainian National Security Council proposed transforming the SSEC into the Central Service for Export Control, at a level equal to that of a ministry. The new designation would give the SSEC greater influence in drafting laws.[5] Precursors to Derzheksportkontrol include the State Export Control Service of Ukraine (created by a 28 December 1996 edict), the State Expert-Technical Committee (SETC) (created by a 3 January 1993 edict), and the Government Export and Technical Commission (GETC) (created by a 23 March 1992 decree).[6,7] See Ukraine: Export Control Overview for more information on Ukraine's export control system.
The Interagency Export Council is a deliberative and advisory body under the SSEC.[1] It reviews the bulk of the applications submitted to the SSEC.[2] While the SSEC Internal Commission makes decisions on straightforward, routine applications, the Interagency Export Council reviews applications for the international transfer of military and dual-use goods and for goods subject to reporting requirements of the United Nations and international export control regimes.[1,2] The council meets every two weeks, or more frequently if necessary.[1,2]
The SSEC Interagency Expert Council is comprised of department heads from the following: SSEC, Ministry of Foreign Affairs, Ministry of Defense, Ministry of Industrial Policy, Ministry of Finance, Ministry of Economy, State Customs Service, Security Service of Ukraine, National Security and Defense Council, and Ukrspetseksport. At the request of the chairman of the State Service for Export Control, representatives from other ministries, government entities, and private industry may be invited to participate in meetings.[1]
The General Military Inspectorate and the Directorate for Law Enforcement Agencies were disbanded on 23 October 2001. They have been replaced by the Main Directorate for Military Formations and Law Enforcement Agencies.
Established on 24 April 1997 and modeled after the US Federal Bureau of Investivation (FBI), the National Bureau of Investigation was never supported by the Verkhovna Rada and was shut down in December 1999.
The Ukrainian National Guard was disbanded by the Verkovna Rada in 2000.
This Commission was created to set up policy in the field of peaceful uses of nuclear energy. The Commission was approved by Presidential Decree No. 34 on 19 March 1993. According to December 1994 Presidential Decree No. 758, the Chairman now reports to the National Security Council instead of the President. This change was designed to improve efficiency in Ukraine's nuclear policy.
President Kuchma signed a Decree transforming this Commission into the Commission for Nuclear Policy and Ecological Safety. Kuchma's decision invalidated Presidential Decision No. 34, (19 March 1993), "On the Commission on Nuclear Policies Under the Ukrainian President," and Presidential Decree No. 758 (10 December 1994). "On the Commission for Nuclear Policies and On the Situation Center Under the Ukrainian President." According to the Decree, the Secretariat of the National Security Council under the President is to offer organizational and technical assistance to the Commission. According to Yuriy Kostenko, Minister of the new Ministry of Environmental Protection and Nuclear Safety, despite President Kuchma's recent decree, this commission is no different than one that existed under Leonid Kravchuk's presidency and Kostenko fears that its work might duplicate that of his own Ministry. One goal of this Nuclear Policy Commission should be to help consolidate the nuclear industry sector, which is relatively weak in Kostenko's opinion.
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Updated September 2006 |
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