on the International Round Table on the topic
“International and Legal Aspects of the Export Control:
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