Title: "US-Ukraine Missile Agreement." State Department fact sheet on the Ukraine-US Memorandum of Understanding on the Transfer of Missile Equipment and Technology. (940803)
08/03/94 U.S.-UKRAINE MISSILE AGREEMENT (Text: Fact sheet) (710) (The State Department released the following fact sheet at the briefing on non-proliferation efforts with respect to Ukraine. The briefing was held August 3 by Lynn E. Davis, under secretary for arms control and international security affairs.)
On May 13, 1994, the United States and Ukraine signed a Memorandum of Understanding on the Transfer of Missile Equipment and Technology. The MOU was signed by Vice President Gore and Ukraine Deputy Prime Minister Shmarov in a White House ceremony. This agreement commits Ukraine to adhere to the Missile Technology Control Regime (MTCR) by controlling exports of missile-related equipment and technology according to the MTCR Guidelines. Ukraine's decision to adhere to the MTCR Guidelines is a major step forward in U.S. efforts to curb missile proliferation worldwide. The U.S.-Ukraine MOU is substantially similar to the Memorandum of Understanding the United States signed with Russia in September 1993.
There are several features of the MOU which will enhance our mutual non-proliferation goals. The MOU enumerates the various elements of an MTCR export control commitment, including the obligation to require validated licenses or other prior written approval for any transfers of MTCR Annex equipment or technology; to subject any export request for Category I Annex items to a strong presumption of denial; to not permit the transfer of Category I production facilities, except as permitted by the MTCR; to weigh certain factors in deciding whether to approve a request to transfer a Category I item; and to obtain binding government-to-government assurances if a decision is made to grant such a request. The MOU also provides a consultative mechanism whereby the Parties may exchange information relating to the implementation of the MOU. These features will provide the basis for future missile non-proliferation cooperation with Ukraine.
As part of its missile non-proliferation policy, the United States is dedicated to strengthening the MTCR. We want to make it harder, cost more, and take longer for proliferators to develop missile systems that are less capable and less reliable than otherwise would be the case. To do this, we need to discourage proliferation activities among potential significant suppliers of missile equipment and technology. Converting them to MTCR adherents that fully implement MTCR Guidelines and eventually bringing them into the Regime will strengthen the MTCR.
The United States applauds Ukraine's adherence to the MTCR Guidelines. Effective implementation of Ukraine's commitment to adhere to the MTCR will greatly enhance the MTCR's ability to curb missile proliferation. Ukraine has stated its intention to become a full Partner in the MTCR and the United States has committed to cooperate with Ukraine to facilitate its membership Into the MTCR at an early date. The U.S.-Ukraine MOU does not confer on Ukraine any membership status with regard to the MTCR itself. Membership in the MTCR is granted by a consensus decision of all twenty-five MTCR Partners. Among the factors that the MTCR Partners consider in evaluating a membership application is whether an applicant can demonstrate a sustained commitment to non-proliferation, as well as a track record of effective implementation of export controls on MTCR items. Implementation of the recently-signed U.S.-Ukraine agreement on missile non-proliferation will be a critical, first step toward Ukraine's membership in the MTCR.
Although Ukraine is a significant potential supplier of missile equipment and technology, it has not been a missile proliferation problem. The United States wants to ensure that this remains the case especially with regard to transfers of space launch equipment and technology. The MOU does not directly address U.S. space cooperation with Ukraine. Independent of the MOU, it is U.S. policy not to support the development or acquisition of space launch vehicles in countries outside the MTCR. The United States has made this position clear to Ukraine. However, the United States is willing to work actively with Ukraine to expand cooperation in a number of other space fields which do not include Category I booster systems or space launch programs. The United States believes that faithful Ukrainian implementation of the MOU on missile non-proliferation will help to ensure that Ukraine's technological potential does not pose a proliferation problem in the future.