Export control in Ukraine, registration in the State Export Control Service, export-import permit of State Export Control Service, clarification letter of the State Export Control Service, military goods, dual-use goods
State export control applies not only to goods that are exported, but also to imported goods and goods in transit. Export control in Ukraine, which covers a huge number of products, is one of the most difficult types of non-tariff regulation of foreign economic activity in Ukraine because it requires specialized knowledge and technical expertise. For violation of the rules of international transfers of controlled goods, such as export without registration with the State Service of Export Control of Ukraine or import without a permit (i.e. violation of export control requirements) legislation provides even criminal liability. So it is better not to ignore this type of control.
The international transfers of the goods are carried out exclusively under the state control which provides their conformity to interests of national safety, external and defense policy of Ukraine. Export of some categories of the military goods and dual-use goods is not permitted to the countries banned by the UN. The international transfers of the nuclear, biological and chemical weapons, materials, equipment and technologies specially intended for its creation, transfer of the goods if their sale contradicts international obligations of Ukraine, are forbidden for the purposes of interests of national safety, against terrorism and maintenance of mutually advantageous cooperation with members of the international community and also in case of absence of appropriate guarantees concerning end use of the goods.
The special state body concerning the state export control is State Export Control Service of Ukraine.
Our services in the field of Export Control include: representing clients before the State Service of Export Control of Ukraine, Ministry of Defence of Ukraine, the Ministry of Education and Science of Ukraine, and before any other bodies on the registration as a subject of international transfers of goods, in particular, military designation, dual-use and other goods, international transfers of which are subject to State Export Control, accreditation to carry out a permanent and/or professional basis of intermediary activities in the field of technology transfer, as well as obtaining permits or certificates for the export (re-export), import, temporary import (export) and transit of military designation and dual-use goods or letters of clarification, certificates of registration, the conclusions on negotiations concerning the conclusion of foreign trade agreements (contracts) on international transfers of military designation and dual-purpose goods, the passing of the preliminary and any other expertise as may be required, creating in-house export control system and its state certification.
We can help you expeditiously obtain such export control documents:
Certificate of the State Export Control Service of Ukraine on registration in the system of export controls and an explanatory letter thereto
Permit of the State Export Control Service of Ukraine on international transfers of controlled goods (military or dual use items)
Import certificate
End-user certificate
Conclusion of the Security Service of Ukraine (SBU) that the goods do not belong to the special spy equipment and dual-use goods
Clarification letter of the State Service for Special Communication and Information Protection of Ukraine
See a reference letter of our client
Anyone seeking further advice or wishing to order any of the foregoing services, is kindly requested to contact us at info@kpl.net.ua or call +380 44 3311136.
More detailed information:
The international transfers of the goods of such categories are subject to the state export control:
1. The goods which concern nuclear activity and can be used in creation of the nuclear weapons;
2. The goods which can be used in creation of the chemical, bacteriological (biological) and toxic weapons;
3. Products of rocket technics, the equipment, materials and technologies, including after corresponding completion which are used or can be used in creation of the rocket weapons;
4. The military-oriented goods;
5. The goods of double use.
Public service of the export control of Ukraine together with the interested ministries, other central enforcement authorities makes Lists of the goods which are subject to the export control. These Lists after consideration by the Commission on a policy of the export control and military-technical cooperation with the foreign states affirmed by the Cabinet of Ministers of Ukraine.
The list of documents which are shown by the subject of foreign trade activities for reception of powers on the right of realisation of the international transfers of the goods, and an order of reception of such powers is defined by the Cabinet of Ministers of Ukraine.
Public service of the export control of Ukraine makes examination of statements and in addition shown documents subjects of foreign trade activities, foreign subjects of economic activities on realisation of corresponding international transfers of the goods.
By results of examination Public service of the export control of Ukraine makes the decision:
1. About delivery of the positive or negative conclusion:
a. Concerning possibility of carrying out of the negotiations connected with the conclusion of the contracts on the international transfers of the goods which are supervised;
b. On the right of realisation of transit of the goods which are supervised;
c. On the right of realisation of time export of the goods for limits of Ukraine or time import of the goods on territory of Ukraine;
2. About granting of the permission to the right of realisation of the international transfers of the goods which are supervised, including with instructions of special conditions of transfer which are formulated in the separate conclusion or refusals in granting of such permission;
3. About cancellation of the given permission of the right of realisation of the international transfers of the goods or the time termination of its action;
4. About delivery of the import certificate of Ukraine on the goods which are supervised, or refusal in its delivery;
5. About continuation of permission to the international transfers of the goods.
The decision of Public service of the export control of Ukraine can be challenged by the subject of foreign trade activities within ten days from its acceptance.
Permissions and conclusions to international transfers of the goods
The international transfers of the goods which are supervised, carried out exclusively on the basis of permissions and conclusions of Public service of the export control of Ukraine. The permission is the basis for acceptance of goods for boundary control and customs clearance, but does not release from a presentation to customs office of other documents necessary for realisation of customs clearance and the customs control according to the legislation of Ukraine.
The permission and the conclusion to the right of realisation of the international transfers of the goods which are supervised, can be general or single.
The general permission and the conclusion confirm the right of the subject of foreign trade activities to realisation of export or import of the goods to state (group of states) or origin of the goods, end users and is valid during a target date, but no more than three years.
The single permission and conclusion to realisation of the international transfers of the goods issued on the basis of the concluded contract, confirm the right of the subject of foreign trade activities to realisation of the international transfers of the goods with definition of their quantity and costs, conditions of delivery, the foreign subject (subjects) of economic activities, the country or origin of the goods and are valid during a target date, but no more than one year.
The permission and the conclusion to the right of realisation of the international transfers of the goods are not subject transfer to other subjects of foreign trade activities.
For receipt of the conclusion concerning possibility of realisation of time export for limits of Ukraine of the goods for demonstration at exhibitions, fairs, for the purpose of advertising, carrying out of tests and with other similar purpose if it does not provide transition of the property right to the goods, the subject of foreign trade activities sends to Public service of the export control of Ukraine the respective request.
Responsibility in area of the state export control
For infringements of rules and procedures of realisation of the international transfers of the goods to the subject of foreign trade activities such measures can be applied:
1. Cancellation or time cancellation of the permission to the right of realisation of export or import of the goods;
2. Cancellation by Public service of the export control of the positive conclusion on the right of carrying out of the negotiations connected with signing of the contract;
3. The termination of special powers on the right of realisation of export or import of the goods.
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