Law of Ukraine

“On Ratification of the Implementing Agreement between the Cabinet of Ministers of Ukraine and the NATO Maintenance and Supply Organization (NAMSO) on the Destruction of Light Weapons and Small Arms, Conventional Ammunition and Anti-Personnel Mines of PFM-1 Type”

Date of entry into force:
February 14, 2012

The Implementing Agreement between the Cabinet of Ministers of Ukraine and the NATO Maintenance and Supply Organization (NAMSO) on the Destruction of Light Weapons and Small Arms, Conventional Ammunition and Anti-Personnel Mines of PFM-1 Type (hereinafter referred to as “Agreement”) was signed on September 21, 2011 in Brussels.

The Law ratifies the Agreement.

The Agreement is aimed at implementation of the NATO Partnership for Peace Program Trust Fund Project to destroy conventional ammunition, light weapons and small arms, and portable air defense systems in Ukraine – proposal for stage 2, to destroy the following 366,000 units of light weapons and small arms, and 76,000 tons of conventional ammunition, including anti-personnel pines of PFM type in Ukraine (hereinafter referred to as “Project”).

According to Article 1 of the Agreement, the Parties under it shall be represented by the following departments that will be responsible for implementation of the Agreement provisions:
  • for the Cabinet of Ministers of Ukraine – the Ministry of Defense of Ukraine;
  • for the NATO Maintenance and Supply Organization – the NATO Maintenance and Supply Agency (NAMSA).

Article 2 of the Agreement envisages that the Project will be managed according to the governing principles effective in the NATO Partnership for Peace Program Trust Fund, according to which the Parties agree that:
  • the United States of America shall act as the Project Leading State;
  • NAMSA shall act as the Agreement Executive Agent, responsible for the Project implementation and management on behalf of the Leading State;
  • the Ministry of Defense of Ukraine shall be responsible for the Project implementation and management on behalf of Ukraine.

The NATO Partnership for Peace Program Trust Fund shall only provide the contribution to cover destruction expenses within the payment limits for the amount of ammunitions and arms stated in the Project proposal. The Trust Fund shall make no additional payments in relation to such works. In consultation with the Ministry of Defense of Ukraine, NAMSA shall select appropriate contractors for the work, hold negotiations and conclude contracts to destroy the above arms and ammunition. These contracts shall determine the amount of contribution of the NATO Partnership for Peace Program Trust Fund to cover expenses for arms and ammunition collection, transportation and storage at the destruction sties, destruction, processing of byproducts, and utilization of all scrap products (Article 3 of the Agreement).

According to Article 4 of the Agreement, the Ukrainian Party agrees that financial expenses include all expenses associated with any potential liability of NAMSA that may arise during work/provision of services under the Agreement. According to clause 1, Article 3 of the Memorandum of Understanding between the Cabinet of Ministers of Ukraine and the NATO Maintenance and Supply Organization of December 6, 2001, Ukraine agrees to bear financial liability for such expenses.

Goods, equipment, devices and other property, as well services provided and used under the Agreement, the list of which is agreed by the Parties beforehand, shall be relieved of any tariffs, payments, fees, import or export duties, and other similar taxes in Ukraine, regardless of whether they are being imported, exported, purchased or otherwise used in Ukraine (Article 5 of the Agreement).
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