ORDER OF PUBLIC SERVICE OF EXPORT CONTROL OF UKRAINE

of March 15, 2006 No. 82

About approval of the Instruction about procedure for provision to legal entities of powers on conducting non-state examination of goods in the field of the state export control

According to the Law of Ukraine "About the state control of the international transfers of military goods and double use" and the Regulations on procedure for conducting examination in the field of the state export control approved by the resolution of the Cabinet of Ministers of Ukraine of 15.07.97 N 767 (with changes), I ORDER:

1. Approve the Instruction about procedure for provision to legal entities of powers on conducting non-state examination of goods in the field of the state export control (further - the Instruction) it (is applied).

2. And ensuring activities in the international modes of export control to provide to the head of department of development of regulatory legal acts submission of this order on state registration in the Ministry of Justice of Ukraine in accordance with the established procedure.

3. Provide to the head of information technology in week time from the date of state registration placement of the electronic copy of this order on the official website of Goseksportkontrol of Ukraine.

4. Consider invalid the order of Public service of export control of Ukraine of 12.12.2002 N 218 "About approval of the Instruction about procedure for provision to legal entities of powers on conducting examination of goods in the field of export control", registered in the Ministry of Justice of Ukraine 31.03.2003 for N 245/7566.

5. To the chief of general department the order to inform chiefs of managements and Goseksportkontrol's departments of Ukraine.

6. To impose control over the implementation of this order on the vice-chairman Goseksportkontrol of Ukraine according to functional obligations.

Approved by the Order of Public service of export control of Ukraine of March 15, 2006 No. 82

The instruction about procedure for provision to legal entities of powers on conducting non-state examination of goods in the field of the state export control

1. General provisions

1.1. This Instruction determines procedure for provision to legal entities, except public authorities, powers on conducting non-state examination of goods in the field of the state export control which is exercised for the purpose of determination of compliance of names and descriptions of the goods provided for examination, to the names and descriptions of goods entered in the corresponding lists of the goods which are subject to the state export control (further - non-state examination of goods), and also execution of the corresponding conclusion of non-state examination concerning identification of goods (further - the conclusion).

1.2. In the Instruction understand "the goods declared for conducting examination" as the term "goods".

1.3. Except military goods, legal entities of Ukraine irrespective of their pattern of ownership who according to this Instruction received power on conducting such examination can perform non-state examination of goods.

1.4. Control of use by legal entities of powers on conducting non-state examination of goods in the field of the state export control is exercised by Goseksportkontrol of Ukraine by obtaining from these legal entities of the quarterly report in which the following data are specified:

a) about total quantity of the expertizes of goods which are carried out for the accounting period including:

under contracts with the Ukrainian subjects of business activity;

on requests of executive bodies;

on requests of law enforcement agencies;

b) about the complaint of customers of examinations which were made to the legal entity for the accounting period.

The report is signed by the head of the legal entity with putting down of seal of this legal entity. The report is submitted no later than 20 days after the termination of every quarter in time. Copies of the conclusions provided by legal entities during the accounting period join the quarterly report.

Within 30 days after the termination of each calendar year the legal entity who received power on conducting non-state examination of goods in the field of the state export control submits in Goseksportkontrol of Ukraine the annual report with statement in it the generalized data concerning activities for conducting non-state examination of goods.

1.5. Maintaining the register of the legal entities who received power on conducting non-state examination of goods in the field of the state export control (further - the Register) is performed by Goseksportkontrol of Ukraine.

2. Procedure for provision (prolongation of effective period) of powers

2.1. For receipt of powers on conducting non-state examination of goods in the field of the state export control the legal entity sends to Goseksportkontrol of Ukraine the letter with summary of the purpose of the address to which it attaches the following documents:

a) the statement concerning receipt (prolongation of effective period) of powers on conducting non-state examination of goods in the field of the state export control (appendix 1);

b) notarized copies:

charter, foundation agreement and certificate on state registration of legal person applicant;

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