Publication date: 11.06.2024
Legal regulation of customs control over dual-use goods
Introduction
Dual-use goods (DUGs) are materials, equipment and technologies that can be used for both civilian and military purposes. Controlling their movement across the border is critical to ensuring national security and fulfilling Ukraine's international obligations. In this article, we will examine the legal regulation of customs control over dual-use goods, as well as the practical aspects of implementing these rules.
Legal regulation
Legislative acts of Ukraine:
- The Law of Ukraine "On State Control over International Transfers of Military and Dual-Use Goods" regulates the procedure for controlling international transfers of military and dual-use goods. The law sets out requirements for licensing the export, import and transit of such goods.
- Resolution of the Cabinet of Ministers of Ukraine No. 86 of January 28, 2004 approves the list of dual-use goods subject to state control.
International obligations:
- Ukraine is a party to a number of international export control regimes, such as the Wassenaar Arrangement, which sets out rules and criteria for export controls by the CCI.
- As part of its cooperation with the European Union, Ukraine is harmonizing its legislation with European standards in the area of dual-use goods control.
Customs control procedure
Licensing and permitting system:
- To export, import, or transit CCI must obtain the appropriate licenses and permits from the State Export Control Service of Ukraine. The license is issued on the basis of an expert assessment that determines whether the goods can be used for military purposes.
- Documents confirming the existence of a license and other permits, as well as a technical description of the goods, must be attached to the customs declaration.
Customs control:
- The customs authorities check documents and conduct an actual inspection of the CCI to ensure that the declared data corresponds to the actual state of affairs.
- Special attention is paid to checking the technical characteristics and possible military use of goods.
Interaction with other bodies:
- To ensure effective control, the customs authorities cooperate with other government agencies, such as the Security Service of Ukraine and the State Export Control Service.
Practical aspects
Technical complexity:
- CCI valuation requires a high level of technical expertise. Customs authorities often turn to specialists in the relevant fields to conduct expert assessments.
Strengthening control:
- In the face of growing global threats, such as terrorism and the proliferation of weapons of mass destruction, control over the movement of CCI across borders is being strengthened. This includes the use of modern technologies to detect and identify such goods.
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Staff training:
- Effective CCI control requires ongoing training and professional development of customs officers. This includes training on technical aspects as well as familiarization with new international standards and requirements.
Conclusion.
Legal regulation of customs control over dual-use goods is an important component of Ukraine's national security. Fulfilling international obligations and ensuring effective control requires continuous improvement of national legislation, technical support and professional training of customs authorities.
