Regulation of the Cabinet of Ministers of Ukraine

 

                                                                                        APPROVED

                                                                                        by Regulation of the Cabinet of Ministers of Ukraine

                                                                                        dated 27.10.2010, No 2031-r

Integrated Border Management Concept

General Provisions

The geopolitical location of Ukraine in the Central-Eastern part of Europe plays an important role in maintaining stability and security in the region.

Ukraine is intensifying efforts to improve and reconstruct the state border, creating an integrated system for security and the admission of persons, vehicles and goods through the state border.

The actors in the sphere of integrated border management include: Administration of the State Border Guard Service of Ukraine, State Customs Service of Ukraine, Ministry of Internal Affairs, Ministry of Foreign Affairs and other government authorities within their competence.

Integrated border management includes the following key elements:

coordination of the activities of relevant state bodies to ensure a secure and open state border;

protection of the state border, admission of persons, vehicles and goods crossing the border in accordance with the established procedure, informational activities and risk analysis, investigative activities and preventive activities;

joint activities of the IBM actors to prevent, detect, and investigate trans-border crimes;

creation of a four-tier system for control of entry and stay of foreign nationals and stateless persons;

international, cross-border, inter-agency cooperation.

Challenges addressed by the Concept

Challenges for integrated border management include:

insufficient coordination of activity by integrated border management actors;

necessity to develop new standards and approaches for integrated border management;

absence of conceptual foundation for the strategic planning of integrated border management development;

need to determine the fundamental principles of integrated border management.

Purpose and objectives of the Concept

The chief aim of the Concept is to define the general principles of implementation of government policy of Ukraine in the sphere of border management.

The main objectives of the Concept are:

improvement of the legal framework in the sphere of integrated border management;

improvement of the state border protection system;

improvement of cooperation mechanisms to fight trans-border crime;

development of international, cross-border, inter-agency and intra-agency cooperation;

introduction of the four-tier system for control of entry and stay of foreign nationals and stateless persons in Ukraine, taking into consideration the best European standards (practices);

creation of a common information space for the integrated border management actors;

adoption of recognized European standards in the administration of government control on the state border;

assurance of effective mechanisms facilitating international business activities and development of international trade, enhancing Ukraine's transit capacity;

adoption of new approaches to the administration of customs procedures and qualitative improvement of customs regulations.

Ways and means to address the challenges

The challenges will be addressed by:

At the international level (cooperation with third countries)

execution and conclusion of (accession to) international treaties regulating border security;

implementation of plans (programs) for international cooperation, joint technical assistance projects in the sphere of integrated border management;

monitoring of the situation with trans-border and trans-national organized crime;

improvement of cooperation with the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX), in particular, regarding information exchange and joint risk analysis, participation in joint operations and specialized personnel training programs for the State Border Guard Service of Ukraine;

development of regional cooperation with the states of the Black Sea region;

establishment of cooperation with Interpol, Europol and other international law-enforcement agencies;

development of partnerships with the states of origin (transit) of irregular migrants;

intensification of cooperation with the World Customs Organization;

participation in development of the concept of the common European economic space.

At the interstate level (cooperation with contiguous countries)

implementation of joint agreements and programs to fight organized crime on the state border. Conclusion of new treaties, in particular concerning preliminary verification of legal grounds for entry of foreign nationals and stateless persons in Ukraine; exchange of preliminary information on goods and vehicles moving through border crossing points; introduction of joint border and customs control; establishment of joint contact (consultation) points; cooperation of customs authorities; amending and supplementing agreements on border crossing points to optimize their network;

resolution of matters relating to legal definition of the state border, including: completion of border demarcation, finalization of joint border inspection reports;

improvement of the activity of border guard liaison offices;

continuation of cooperation with the EU Border Assistance Mission to Moldova and Ukraine (EUBAM);

development of border guarding and customs cooperation on a bilateral and multilateral basis, in particular, improvement of existing information exchange mechanisms;

harmonization of the procedure to ensure mutual correspondence of traffic-handling capacities of border crossing points on the state border during the pre-construction stage (reconstruction);

improvement of cooperation mechanisms to deter and stop crime on the state border;

organization of joint trainings, consultations, and conferences on integrated border management.

At the national level (actions inside the country)

organization of cooperation and coordination among the integrated border management actors, in particular, concerning:

creation of an inter-agency working group on integrated border management coordination;

situation monitoring on the state border;

assessment of threats and risks for border security, and the effectiveness of integrated border management;

development of plans for increased border security and reconstruction of border crossing points;

availability of human, financial, material, technical, information resources for the integrated border management actors;

enhancement of the legal framework and consistent adaptation of Ukraine's legislation concerning the state border to EU legislation, in particular, concerning:

implementation of tangible mechanisms for control of entry and stay of foreign nationals and stateless persons in Ukraine taking into consideration the best European standards;

improvement of procedures for coordination among government authorities that carry out different types of control during the crossing of the state border of Ukraine or are involved in securing the state border regime, boundary regime or regime at border crossing points on Ukraine's border;

improvement of the legal mechanism for the participation of the border guard and customs authorities in criminal proceedings;

introduction of biometrics for visas and passports;

aligning the legislation regulating customs matters with the International Convention on the Simplification and Harmonization of Customs Procedures;

improvement of the procedure for cooperation among government authorities on control of safety and quality of goods imported into the customs territory of Ukraine by introducing a system of preliminary verification of accompanying documents for goods at border crossing points;

development of state migration policy with reference to EU standards;

introduction of the European system for control of entry and stay of foreign nationals and stateless persons in Ukraine, which will be implemented on four levels:

in countries of origin of irregular migrants (in the course of issuance of Ukrainian entry visas);

in contiguous countries (as part of border guarding cooperation);

on the state border (in the course of border control and protection of the border outside border crossing points);

in Ukraine (concerning compliance by foreign nationals and stateless persons with regulations on temporary stay);

aligning border control procedures with the EU standards;

creation of a common information space for the integrated border management actors, in particular, concerning:

development of the mechanism for sharing information among the integrated border management actors on issuance of visas, entry (exit) of foreign nationals and stateless persons, temporary stay of such persons in Ukraine, refusal or prohibition of entry for foreign nationals and stateless persons; extension (reduction) of stay or change in their status during stay in Ukraine, committed offenses, receipt or transfer of foreign nationals and stateless persons under readmission agreements;

mutual access to agency databases, as well as the creation of common databases on matters concerning migration management;

joint assessment of migration risks;

introduction of the European standards (practices) in inter-agency cooperation through:

improvement of cooperation mechanisms to fight trans-border organized crime;

development of the legal framework regulating information exchange among the integrated border management actors and introduction of comprehensive information exchange on a bilateral and multilateral basis;

establishment of national (interagency) coordination centers to fight trans-border crime;

improvement in the system of admission of persons, vehicles and goods crossing the border through:

development and introduction of new border and customs control technologies at border crossing points for air and sea traffic, taking into account the experience of their introduction at border crossing points for road and rail traffic;

application of the principles of selectiveness and sufficiency in border or customs control;

increasing the significance of customs control after goods are cleared for sale (post-audit);

introduction of simplified customs control procedures based on the electronic declaration of goods.

At the border guard level (cooperation relevant for protection of the state border)

practical cooperation among all control enforcement services, joint operational and preventive activities to deter crime on the state border;

improvement of the system for protection of the state border, in particular, through:

comprehensive development of information, operational, technical and physical components;

use of modern control, surveillance equipment and information technologies;

aligning customs control procedures with the global and European practices based on the provisions the International Convention on the Simplification and Harmonization of Customs Procedures, International Convention on the Harmonization of Frontier Controls of Goods, and the1975 Customs Convention on the International Transport of Goods under Cover of TIR Carnets (TIR Convention).

Expected outcomes

Implementation of the Concept will:

ensure Ukraine's compliance with its obligations within the framework of the dialogue with the European Union concerning a visa-free regime and provide due border security;

bring the integrated border management system of Ukraine in line with the European standards (practices), enhance security of the state border and ensure it remains open for licit trans-border activities and travelers;

greatly enhance international, cross-border, and inter-agency cooperation;

achieve further progress in launching and implementing joint international projects and programs in the sphere of integrated border management;

ensure openness and transparency of the IBM actors' operations.

Estimated financial resources for implementation of the Concept

Implementation of the Concept will be financed from the annual budget of the central executive bodies responsible for activities in the sphere of integrated border management, international technical assistance and from other sources permitted by law.

SOCIAL NETWORKS
TRANSPARENCY