REPORT
on
the International Round Table on the topic
“International
and Legal Aspects of the Export Control:
Ukrainian
Context”
On 8 December 2015 the
international round table discussion on international and legal aspects of the export
control in the Ukrainian context was held in Kyiv (Ukraine) within the
framework of cooperation between the State Service of Export Control of Ukraine
(SSECU) and the Swedish Radiation Safety Authority (SSM).
To participate in this
international event, representatives from a number of state authorities,
institutions, industrial enterprises, research institutes were invited
including the National Security and Defense Council of Ukraine, Security
Service of Ukraine, Ministry of Economic Development and Trade of Ukraine,
State Fiscal Service of Ukraine, State Service for Special Communication and
Information Protection of Ukraine, State Space Agency of Ukraine, State Nuclear
Regulatory Inspectorate of Ukraine, National Institute for Strategic Studies, State Concern “UkrOboronProm”, “Motor Sich”
Joint Stock Company, State Company “Antonov”, State Company “NNEGC
“Energoatom”, State Company “Yuzhnoye Design Office”, State Company “Gas
Turbine Research & Production Complex Zorya-Mashproekt”, State Kyiv Design
Bureau “Luch”, etc.
The round table discussion was opened by Alexander
Siver, director of the Scientific and Technical Center. In the
beginning of his welcoming speech he passed to the participants the best wishes
from Sarmite Andersson, SSM project manager, and presented the
programme and the main goals of the meeting. Then A. Siver introduced
attendees from France – Eric-Andre Martin and Vincent Trouve
who had come to Ukraine to discuss possible programmes of cooperation in the
field of export control over the dual-use goods (the French specialists
participated in the event as observers).
Also,
in his speech Alexander Siver emphasized the role of international cooperation
including under the export control regimes to counter growing threats of terrorism
for peace and stability in the world.
Then
STC Director gave the floor to Yury Tereshchenko, Chairman of the
SSECU. In his welcoming speech he presented the current situation in the field
of export control in Ukraine the peculiarity of which was characterized with
the negative impact of RF’s aggressive policy towards Ukraine.
Mr. Tereshchenko attracted participants’ attention to the necessity in
seeking alternative ways for international trade with end-users from, e.g.
South East Asia. Then, Yury Tereshchenko focused on the issue of an adequate
response to Russia’s attempts to acquire critical Ukrainian products, and he
called to integrate efforts of all state bodies, competent authorities and
enterprises for this purpose. Later, Chairman of the SSECU outlined plans
aiming at improvement of export control legislation, using EU best practices
including introduction of the Ukrainian single list of dual-use items.
The
first plenary session was started with the presentation on current tendencies
in export control development made by Viktor Polyanskyy, SSECU’s
Department Director. The speaker characterized in detail the principles of the
state export control policy, informed participants about the recent changes
introduced in the export control procedures. Then Viktor Polyanskyy noted that
nowadays orientation towards western customers and approaching NATO standards
is among priorities in development of the Ukrainian military and industrial
complex. He stressed the importance of trust-building measures in military and
technical cooperation with the developed countries especially in case of
necessity to control supply of jointly designed items to “problem” countries.
Taking into account this provision, - argued the speaker, - efforts aiming at
improvement of the Ukrainian export control system should be an integral part
of solid State’s guarantees. The speaker underlined the crucial importance for
Ukraine to meet its international obligations on non-proliferation and export
control bearing in mind nation’s UN and OSCE memberships, participation in
relevant treaties. According to Mr. Polyanskyy, it was reasonable to take into
account that some restrictions in foreign trade should be treated as the rules
aiming at ensuring national security in the military and dual-use items trade.
Later, the reporter outlined the structure of the Ukraine’s export control
system, authorizations and international guarantees provided by the SSECU as
well as SSECU’s efforts to achieve the two-fold goal: ensuring national
interests in military and foreign policy fields taking into account Ukraine’s
international commitments while protecting the nation’s economic interests
through facilitation of Ukrainian exporters activities on the international
market.
The
first panel was continued with the presentation of the expert of the Polish
company “Export management systems” Gregorz
Gawlik.
The Polish
expert presented his view on world tendencies in the export control field and
briefly described the structure of the EU export control system
both on the community and on the national levels.
Mr. Gawlik informed participants about the basic document for export control of
dual-use items in all 28 EU member-states, — COUNCIL REGULATION (EC) No 428/2009 of 5 May 2009 setting up a
Community regime for the control of exports, transfer, brokering and transit of
dual-use items. The speaker attracted participants’ attention to the fact that export control over dual-use items (excepting the most sensitive ones specified in Annex IV)
is applied to the export beyond the EU’s borders, while
over military items – beyond the member-state’s borders. Mr. Gawlik also gave
the instances of catch-all clause use
and gave general information on authorizing documents used in EU. Special
attention was paid to the issue of prevention of WMD proliferation, use of
IT-technologies for violation human rights in some countries. The speaker also
mentioned such problems in the export control field as “cybertools” appearance,
lack of global export control standards resulting in growth of dual-use items
in some countries. Because of special role the U.S. played in the global
policy, Mr. Gawlik paid his attention to ongoing reforms in the U.S.
export control system and compared their system with that of EU.
Further,
a new version of the book “The Commentary to the Law of Ukraine “On
international transfers of military and dual-use goods” published this year
within a framework of cooperation with the SSM, was presented by Professor,
Academician of the Academy of Higher Education Sciences of Ukraine Anatolyy
Dmytriev. The speaker informed participants about the main purpose and
objectives to be achieved with the publication of the Commentary. The authors
of the publication took into account all changes and amendments introduced in
the national export control legislative acts within the period of 2005 – 2015.
g All representatives of the state bodies who attended the round-table meeting
received a copy of the Commentary (representatives of industrial companies had
a chance to order it in June 2015).
The
second panel discussion devoted to the implementation of the Agreement on
Association between Ukraine and European Union was opened with the presentation
made by Vyacheslav Shmelyov,
Head of Defense and Security Department at the Ministry of Economic
Development and Trade of Ukraine. The speaker informed the attendees about
priorities of the Ministry in the field of export control including
introduction of important amendments in legislative and regulatory acts, implementation
of joint international projects, among which was development and introduction
of the Single Control List of dual-use goods in Ukraine and further efforts to
harmonize national procedures and rules with those of EU ones. Mr. Shmelyov, in
the name of Ministry he represented, appreciated assistance of the SSM in these
efforts.
SSECU
Department Deputy Director, Lyudmyla Checheyuk, in her
presentation told about tasks and objectives derived from the announced by
Ukraine course to integration into EU. One of the most important of them, -said
the speaker, - is adaptation of the national standards to the EU ones. Mdm.
Deputy Director Department paid special attention to the development and
introduction of the legislative act regulating international transfers of the
dual-use items. She believed that the terminology and mechanisms introduced
must be as close as possible to the EU standards considering Items 32 and 33 of
the above mentioned agreement on association, which had provisions for
improvement of the national export control systems including the development of
the national list of dual-use items subject to export control, control over
intangible transfers of technologies, strengthening export control systems
including prevention of and sanctions for legislation violation to be
implemented by 2017. According to Lyudmyla Checheyuk, with EU standards
introduction updates of terminology and export control procedures would be addressed
rather than cardinal changes in the national legislation. The speaker said that
when harmonizing national legislation with the European one attention should be
paid to making it in such a way that ensured interests of the Ukrainian
exporters.
The
next presentation on the above mentioned topic with the focus on practical
implications was made by Yevhen Grytsay, SSECU Department
Deputy Director. Specifically, he underscored that the import of items designed
for individual protection (helmets, bullet-proof vests produced according to
the military standards) already was not subject to export control for the
period of the counterterrorism operation. He also mentioned about some
deregulation measures implemented which targeted the procedures for obtaining
authorizing documents regarding technologies transfers. Yevhen Grytsay also
shared his vision on further efforts aiming at introduction a new single list
of dual-use items and peculiarities he expected to arise with this development.
He called participants to carefully study the draft document presented and to
give their proposals and comments to improve it.
The third panel session
was focused on the introduction of the national Single Control list of dual-use
goods in Ukraine. The legislative and organizational aspects of the issue were
addressed by Viktor Polyanskyy. The second presentation of the session made
by Gregorz
Gawlik was devoted to some peculiarities of the EU list of dual-use
items and certain practical methods when using it. He also shared information
on Polish experience in the EU list implementation and enhancement of
cooperation between the partners using the single list of dual-use goods and
common procedures emerged after its introduction.
The
last presentation made by Sergiy Kondratov, senior researcher
at the National Institute for Strategic Studies, was devoted to the expert and
technical support to the introduction of the national list of the dual-use
items in Ukraine. The speaker shared his vision on some organizational and technical
problems associating with the process. Specifically, he made emphasis on
necessity to provide efficient experts’ involvement in the process especially
when introducing new positions, terms and notes into the list. Also, Sergiy
Kondratov believed that for the purpose of practical use of the list more
attention should be paid to choosing a proper format for the list.
During the meeting the participants put a number of
questions regarding presentations and other issues associated with different
aspects of export control. The speakers and other participants jointly tried to
seek exhaustive answers to the questions.
During the final part of the event for getting
feedback from each participant the organizers asked to briefly characterize the
round table discussion and to make their notes, comments and proposals for the
future. For this purpose the questionnaire was distributed among 40
participants. Besides, each participant who desired was provided with the
opportunity to make this orally.
The results of questionnaires processing are
summarized in the table below.
1. Which
topics and practical issues addressed during the event were the most useful
in your opinion? |
-
Presentations of V.Polyanskyy, G. Gawlik, Y. Grytsay, A. Dmytiev (10
participants) -
On practice and mechanisms of using the Single Control List of
Dual-use Goods (15 participants) -
Foreign experience in introduction of the Single List of Dual-use
Goods (7 participants) -
Practical implications of introduction changes in the Ukrainian
legislation in the field of export control (5 participants) -
World tendencies in the field of export control (12 participants) |
2. Which
directions of cooperation with European partners are the most actual at the
moment? Your opinion and proposals |
-
Creation of website and/or journal (15 participants) -
Study of the organizational aspects of the export control system in EU
(4 participants). -
Implementation of foreign best practices of electronic document
management (5 participants). -
Because of completion of the development of the draft law of Ukraine
“On electronic trust services” which will introduce an electronic signature,
it is necessary to ensure its technical compatibility with EU legislation. -
Cooperation between an export control body and a customs service
regarding electronic authorizing documents submission -
To resume the EU Outreach Programme in Export Control |
3. In your
opinion, which urgent steps shall be made by state authorities and industry in
Ukraine with regard to expected transition to the Single Control list of
dual-use goods? |
-
Control of positions in the new List, establishment of the experts’
consultations procedure, immediate synchronization of changes introduced in
EC regimes with the new List changes (12 participants). -
To provide monitoring of export
control legislative changes in EU and informing the industry on these changes
(8 participants) -
To accelerate the process of the implementing the Single list of
dual-use goods (5 participants) -
To resolve issues and to inform industry it is reasonable to establish
electronic interaction between the Custom Service and SSECU |
4. In your
opinion, which information and training measures should be undertaken to
facilitate optimization of the commercial activities of industrial and other
entities in Ukraine? |
-
Resumption of a specialized journal publication, at least in an
electronic format, since Ukrainian specialists are short of necessary
information (10 participants) -
It is necessary to carry out
more round table discussions involving specialized institutions and
enterprises of Ukraine to facilitate actual information sharing (7
participants) -
To carry out specialized seminars to receive qualified expert
assistance in order to keep practical activity in line with export control
requirements (12 participants) -
Creation of a specialized web-site (5 participants) -
Development and issuing
featured publications, e.g. handbooks on actual issues in export control -
For the training purposes it would be reasonable to develop an annual
working plan for cooperation with industry -
It is reasonable to arrange special training for specialists of
different categories and different levels. -
Resumption of cooperation with the R&D institutions for mutual aid
and information, technical and analytical support of the introduction of the
Single control list of dual-use items. |
5. How would you
rate the event? (from 0 to 5) |
Average rate – 4,8 |