Regulation of the Cabinet of Ministers of Ukraine

CABINET OF MINISTERS OF UKRAINE

REGULATION

January 5, 2011 ? 2-p

Kyiv

On approval of action plan of implementation of
Concept of integrated border management

1 Approve the Action Plan of implementation of the concept of integrated border management, approved by the Cabinet of Ministers of Ukraine on October 27, 2010 ? 2031 (Official Gazette of Ukraine, 2010, ? 83, Art. 2918), attached hereto.

2. Central and local executive bodies, other government agencies responsible for implementation of action plan to submit annually by March 15 to Administration of State Border Guard Service of information about its performance for generalization and submission before April 15 to the Cabinet of Ministers of Ukraine.

3. Administration of State Border Guard Service, central and local executive bodies, other government agencies to implement the action plan approved by this order within the budget allocations for the current year.

APPROVED
Cabinet of Ministers of Ukraine
on January 5, 2011 ? 2-p

PLAN
of measures on implementation of Concept of
integrated border management

1. To ensure:

1) support in Verkhovna Rada of Ukraine of the draft Laws of Ukraine:

On refugees and persons in need of additional or temporary protection (registration number 7252).

Ministry of Justice, Ministry of Internal Affairs, Administration of State Border Guard Service.

Prior to adoption of the Law;

On amendments to some legislative acts of Ukraine concerning Preliminary Documentary Control of in BCPs (registration number 2766).

Ministry of Economic Development and Trade, State Customs Service.

Prior to adoption of the Law;

On amendments to the Law of Ukraine ?On Ukraine's accession to the Protocol amending the International Convention on Simplification and Harmonization of Customs Procedures? (registration number 0192).

Customs Service.

Prior to adoption of the Law;

2) development of the draft of amendments to the Law of Ukraine "On Telecommunications" on the order of disconnecting the terminal equipment and priority of telecommunication services to specially authorized units of central executive body in the field of customs.

Customs Service.

2011;

3) the provisions of international treaties governing the security of the state border.

Administration of State Border Guard Service, Ministry of Foreign Affairs, Customs Service, interested central executive bodies.

Continuing;

4) the conclusion of international agreements on:

State border in the Azov and Black Seas and the Kerch Strait, demarcation of the exclusive (maritime) economic zone and continental shelf between Ukraine and the Russian Federation;

points of intersection of the state border of Ukraine, Russian Federation and Belarus; Ukraine, Moldova and Romania; Ukraine, Poland and Belarus;

regime of the state border, cooperation and mutual assistance on border issues with the Republic of Moldova, Russian Federation and Belarus.

Ministry of Foreign Affairs, Administration of State Border Guard Service, concerned central and local authorities, other government agencies.

Years 2011-2015;

Amendments to the Agreement between Ukraine and the Government of the Republic of Hungary, Ukraine and the Government of Romania, Ukraine and the Government of Poland on the BCPs after transfer of the European Neighborhood and Partnership grants for building BCPs.

Administration of State Border Guard Service, Ministry of Foreign Affairs, Customs Service, Ministry of Economic Development and Trade, concerned central and local authorities, other government agencies.

2011-2013 years;

Amendments to the international agreements on BCPs in order to optimize their networks.

Administration of State Border Guard Service, Ministry of Foreign Affairs, Customs Service, interested central and local executive bodies.

Years 2011-2015;

cooperation during the control of persons, vehicles and goods crossing the common state border.

Administration of State Border Guard Service, Ministry of Foreign Affairs, Customs Service, interested central executive bodies.

Years 2011-2015;

mutual recognition of certain results of customs control and registration, put customs protection in the customs procedures when crossing the Ukrainian-Russian border.

Customs Service, the Ministry of Foreign Affairs, Administration of State Border Guard Service.

2011;

readmission of persons with countries of origin of illegal migrants and countries of their transit transportation.

Ministry of Internal Affairs, Administration of State Border Guard Service, the Ministry of Foreign Affairs.

Years 2011-2015;

creation of joint contact points with neighboring countries at the state border.

Administration of State Border Guard Service, Ministry of Foreign Affairs, Customs Service.

2011-2014 years;

introduction of joint border patrol units with the border guard units of neighboring states.

Administration of State Border Guard Service.

Years 2011-2015;

EU funding within the sector budget support in the field of border management.

Ministry of Economic Development and Trade, Ministry of Finance, Administration of State Border Guard Service, Customs Service, Ministry of Foreign Affairs.

2011;

5) implementation of the demarcation of border with the Republic of Moldova, Russian Federation and Belarus.

Ministry of Foreign Affairs, State Border Guard Service Administration, concerned central and local authorities, other government agencies.

Years 2011-2015;

6) improve the efficiency of activities of subjects of integrated border management ensuring compliance with human rights and freedoms and combating corruption while performance of their functions.

Administration of State Border Guard Service, Ministry of Foreign Affairs, Customs Service, interested central executive bodies, other state agencies.

Continuing;

7) continued implementation of joint projects of international technical assistance in the field of integrated border management and new projects in this field.

Administration of State Border Guard Service, Customs Service, Ministry of Foreign Affairs, Ministry of Economic Development and Trade, concerned central and local executive authorities.

Years 2011-2015;

8) implementation of the WCO SAFE into customs affairs.

Customs Service, interested central executive bodies.

Years 2011-2015;

9) study of integrated border management experience of other countries and its implementation in Ukraine.

Administration of State Border Guard Service, Customs Service, Ministry of Foreign Affairs.

Years 2011-2015;

10) publishing of strategic bulletin on border security "Integrated Border Management in Ukraine".

Administration of State Border Guard Service, Ministry of Foreign Affairs, Ministry of Interior, Customs Service.

2012-2015 years.

2. Create a four-tier control system for entry and stay in Ukraine of foreigners and stateless persons by:

1) bringing the regulations on the issuance of visas to foreign diplomatic missions of Ukraine into compliance with EU standards.

Ministry of Foreign Affairs, Ministry of Interior, Administration of State Border Guard Service.

Years 2011-2014;

2) creation of database of foreigners and stateless persons who have applied for a visa to enter Ukraine, including those who were denied their issuance, and the mechanism of transmission of these applicants from the Ministry of Foreign Affairs to the State Border Guard Service Administration, Ministry of Interior and other law enforcement agencies.

Ministry of Foreign Affairs, Ministry of Interior, State Border Guard Service Administration.

Years 2011-2014;

3) improvement of activities of consular officials of Ukraine abroad concerning clarification of the grounds for entry of foreigners and stateless persons into Ukraine.

Ministry of Foreign Affairs, State Border Guard Service Administration, Ministry of Interior.

Years 2011-2015;

4) conduction of joint preventive operations with border (law enforcement) agencies of neighboring states to identify and stop channels of trafficking of illegal migrants across the common border on the basis of risk assessment.

Administration of State Border Guard Service, Ministry of Interior, concerned state authorities.

Continuing;

5) improvement of:

information exchange on combating illegal migration with the border authorities of neighboring states.

Administration of State Border Guard Service.

Years 2011-2012;

interviews with foreigners and stateless persons who arrive in Ukraine.

Administration of State Border Guard Service, Ministry of Foreign Affairs.

2011;

coordination of activities of government agencies that carry out various kinds of control when crossing the border or take part in securing the state border regime, border regime and the regime of crossings the state border.

Administration of State Border Guard Service, Customs Service, Ministry of Foreign Affairs, interested central executive bodies.

Years 2011-2012;

control over the stay in Ukraine of foreigners and stateless persons taking into account European standards.

Ministry of Interior, State Border Guard Service Administration, Ministry of Foreign Affairs, interested central executive bodies, other state agencies.

Years 2011-2013;

identification, detention and deportation from Ukraine of foreigners and stateless persons detained for their offenses.

Ministry of Interior, State Border Guard Service Administration.

Years 2011-2013;

6) definition of the mechanism of:

introduction of biometric data in visa documents and use of such data while border control.

Ministry of Foreign Affairs, State Border Guard Service Administration, Ministry of Interior, concerned state authorities.

After adoption of the Law;

monitoring of cross-border and transnational organized crime.

Ministry of Interior, State Border Guard Service Administration, concerned government authorities.

Continuing;

control of departure from Ukraine of foreigners and stateless persons, about which were taken decision about forced expulsion or voluntary return by the authorized state authorities.

Administration of State Border Guard Service, Ministry of Interior, concerned state authorities.

Years 2011-2012;

exchange between the subjects of integrated border management of information on visa, entry into Ukraine (departure from Ukraine) of foreigners and stateless persons, their temporary stay in Ukraine, refuse or prohibition of entry of foreigners and stateless persons into Ukraine, continuation (decrease) of the duration of their stay in Ukraine, committed offenses, acceptance and transfer of foreigners and stateless persons in accordance with the agreements on readmission.

Ministry of Interior, State Border Guard Service Administration, Ministry of Foreign Affairs, interested central executive bodies, other state agencies.

Years 2011-2012;

exchange between the subjects of the integrated border management of open impersonal statistical and analytical information on combating trafficking across the state border of drugs, weapons, ammunition and explosives.

Customs Service, State Border Guard Service Administration, concerned government authorities.

Years 2011-2014;

7) create a virtual inter-agency coordination center for combating illegal migration.

Ministry of Interior, State Border Guard Service Administration, Ministry of Foreign Affairs, interested central executive bodies, other state agencies.

2011;

8) conduction by the subjects of integrated border management of joint assessment of migration  risks.

Ministry of Interior, State Border Guard Service Administration, Ministry of Foreign Affairs, interested central executive bodies, other state agencies.

Continuing;

9) conduction by the subjects of integrated border management of evaluation of existing and potential risks during  acquisition by persons of refugee status in Ukraine and a mechanism of control over these people stay in Ukraine.

Ministry of Interior, State Border Guard Service Administration, concerned government authorities.

Years 2011-2012;

10) conduction by the subjects of integrated border management of analysis of activities concerning extension or shortening of stay in Ukraine of foreigners and stateless persons, making decision on prohibition of their entry into Ukraine and development of proposals for appropriate amendments to the regulations.

Ministry of Interior, State Border Guard Service Administration, interested central executive bodies, other state agencies.

Years 2011-2012.

3. Take steps to enhance cooperation:

1) with international organizations, institutions and entities, including:

The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union on carrying out risk analysis, ensuring information exchange, participation in joint operations, the performance of specialized training programs for the State Border Guard Service.

Administration of State Borders Guard Service.

Years 2011-2015;

with Interpol, Europol and other international law enforcement agencies on joint measures against cross-border and transnational organized crime, corruption, personnel training, exchange of information.

Ministry of Interior, State Border Guard Service Administration, concerned government authorities.

Years 2011-2015;

The Forum in the Black Sea border cooperation on implementation of joint initiatives and programs in border security, training, experience sharing, joint coordinated action.

Administration of State Border Guard Service.

Years 2011-2015;

The European Union Border Assistance Mission to Moldova and Ukraine on the exchange of information, shared risk analysis, training, technical assistance to border guard and customs authorities, the participation of an expert-observer of the European Union Mission in the joint working group on demarcation of the central (Transnistrian) part of the Ukrainian-Moldovan border.

Administration of State Border Guard Service, Ministry of Foreign Affairs, Customs Service.

During the mandate of the Mission of the European Union;

2) with border and customs authorities of neighboring countries concerning:

activities of the border representation to ensure smooth passage of people, goods and vehicles across the state border, prevention of  conflicts.

Administration of State Border Guard Service, interested central executive bodies, other state agencies.

Years 2011-2014;

joint risk analysis and preparation of proposals in the field of border security.

Administration of State Border Guard Service, Customs Service.

Years 2011-2015;

exchange of information, including the preliminary one, on goods and vehicles crossing the customs border.

Customs Service, State Border Guard Service Administration.

Years 2011-2012;

exchange of experiences on the use of modern technical means of control, surveillance and information-communication technologies.

Administration of State Border Guard Service, Ministry of Interior, Customs Service.

Continuing;

interaction during the implementation of control procedures at BCPs.

Administration of State Border Guard Service, Ministry of Foreign Affairs, Customs Service.

Years 2011-2015;

approval of procedure of coordination of term and order of construction (reconstruction) of BCPs and their capacity.

Customs Service, State Border Guard Service Administration, concerned central and local authorities, other government agencies.

Years 2011-2015;

3) through participation in meetings:

of working groups of the Black Sea Economic Cooperation;

of Council of the World Customs Organization, and other technical committees of the Organization.

Customs Service.

Constantly.

4. Create a single information field of subjects of integrated border management by improving:

1) the mechanism for exchanging data in integrated inter-agency information and telecommunication system "Arkan" for persons, vehicles and cargo crossing the border.

Administration of State Border Guard Service, Customs Service, Ministry of Foreign Affairs, the concerned state authorities.

Years 2011-2012;

2) integrated information system of the State Border Service.

Administration of State Border Guard Service.

Years 2011-2012;

3) telecommunications component of integrated information-telecommunication systems of the State Border Guard Service and Customs Service.

Administration of State Border Guard Service, Customs Service.

Years 2011-2015;

4) system of protection of information about individuals (personal data) while obtaining, using, distributing and storing in the information systems of subjects of integrated border management.

Administration of State Border Guard Service, Customs Service, Ministry of Foreign Affairs, interested central executive bodies, other state agencies.

Constantly.

5. Bring the procedure of border crossing of persons, vehicles and goods in line with EU standards, providing:

1) transition to the use of the single administrative document of the EU during any procedures related to export, import, transit of goods.

Customs Service.

Years 2011-2013;

2) development and implementation of new technologies and customs controls at border crossing points for air and sea traffic.

Administration of State Border Guard Service, Customs Service.

Years 2011-2012;

3) simplification of border procedures, application of advanced control of persons and vehicles on the basis of risk analysis and intelligence.

Administration of State Border Guard Service, Customs Service, interested central executive bodies, other state agencies.

Years 2011-2012;

4) commission clearance of cargo ships through the application of free practice.

Administration of State Border Guard Service, Customs Service, interested central executive bodies, other state agencies.

Years 2011-2012;

5) improvement of detection of stolen cars from those crossing the border.

Administration of State Border Guard Service, Ministry of Interior, Customs Service.

Years 2011-2012;

6) creation together with border and customs authorities of the Republic of Poland of joint working groups on border crossing of participants and guests of EURO 2012.

Administration of State Border Guard Service, Ministry of Foreign Affairs, Customs Service.

I quarter of 2012;

7) introduction:

of European three-tier system of checking of passport documents, when crossing the border.

Administration of State Border Guard Service.

Years 2011-2012;

innovative approaches to technical equipment of border and customs authorities and their sub-technical means of control, video surveillance etc..

Administration of State Border Guard Service, Customs Service.

Years 2011-2015;

control of crossing the border by citizens of Ukraine, foreigners and stateless persons using electronic cards.

Administration of State Guard Borders.

Years 2011-2012;

8) the principles of selectivity and adequacy during implementation of border and customs controls based on risk analysis.

Administration of State Border Guard Service, State Customs Service.

Years 2011-2015;

9) improvement of BCPs by:

designation (approval), along with neighboring countries and the list of locations of these points, order, terms of construction and development of their infrastructure;

settlement of the issue of joint use of facilities, equipment of controlling authorities, delegation of powers and coordination of common technology of border and customs control, order of mutual recognition of their results, and overlay of Customs protection when crossing the border.

Customs Service, State Border Guard Service Administration, Ministry of Foreign Affairs, interested central executive bodies.

Years 2011-2015;

10) execution of the functions of customs authorities during customs control and customs clearance on the basis of international ISO standards.

Customs Service.

Years 2011-2014;

11) implementation of procedures for customs control of goods and vehicles using a functional module ?Filter of BCP?, automated system of customs clearance of the State Customs Service.

Customs Service.

Years 2011-2012;

12) complex multi-phased implementation of the ?Electronic Customs" system.

Customs Service.

Years 2011-2015;

13) creation of single control center based on information and telecommunication systems.

Customs Service.

Years 2011-2013;

14) continuation of the work with EU to reach agreements on exchange of preliminary information about goods and transport means crossing the state border in the framework of trade with countries - EU members and Ukraine's accession to the Convention on Facilitation of trade and the Convention on common transit procedure .

Customs Service, Ministry of Justice, Ministry of Economic Development and Trade, Ministry of Foreign Affairs.

Years 2012-2015.

6. Improve the system of border protection by:

1) development of informational, operational, technical and physical components of the system.

Administration of State Border Guard Service.

Years 2011-2015;

2) defining the mechanism of common monitoring of the situation, risk analysis in the field of border security with law enforcement agencies of adjacent countries.

Administration of State Border Guard Service, Customs Service, Ministry of Interior, interested central executive bodies, other state agencies.

Years 2011-2012;

3) improvement of control of the ships (craft) located in the territorial sea.

Administration of State Border Guard Service, interested central executive bodies, other state agencies.

Years 2012-2014;

4) establishment of information and telecommunications system of control and monitoring of local border areas.

Administration of State Border Guard Service.

Years 2011-2015.

7. Take steps to improve the professional level of personnel by:

1) launching joint training projects with neighboring countries.

Administration of State Border Guard Service, Customs Service, interested central executive bodies, other state agencies.

Years 2011-2015;

2) conducting joint trainings, consultations, conferences on integrated border management.

Administration of State Border GuardService, Customs Service, Ministry of Foreign Affairs, interested central executive bodies, other state agencies.

Years 2011-2015;

3) improvement:

training programs of  Customs Service and  Border Guard Service personnel including methods and programs used in EU member states;

system of language training of  Customs Service and  Border Guard Service personnel.

Administration of State Border Guard Service, Customs Service, interested central executive bodies.

Years 2011-2012.

8. Ensure cooperation and coordination of activities of subjects of integrated border management by:

1) creation of the Interagency Working Group to coordinate activities of subjects of integrated border management.

Administration of State Border Guard Service, Customs Service, Ministry of Foreign Affairs, interested central executive bodies, other state agencies.

2011;

2) improve cooperation between the subjects of integrated border management on combating trafficking across the state border of drugs, weapons, ammunition and explosives.

Customs Service, State Border Guard Service Administration, Ministry of interested central executive bodies, other state agencies.

Years 2011-2012;

3) improve information exchange between the subjects of integrated border management.

Administration of State Border Guard Service, Customs Service, Ministry of Foreign Affairs, interested central executive bodies, other state agencies.

Years 2011-2012. 

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