According to the Decree of the President of Ukraine of 30 August 2017 no.256 implementing Ukraine's National Security and Defence Council decision of 10 July 2017 "On strengthening border control over entering Ukraine, exiting from Ukraine and complying with the rules of stay in the territory of Ukraine by foreigners and stateless persons" starting from 01 January 2018 Ukraine's State Border Guard Service officers will be taking biometric data from foreigners and stateless persons, including fingerprints scanning, at border check points during border control procedures.
The measure is implemented pursuant to the paragraph 2 of the Article 9 of the Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons" binding foreigners and stateless persons to submit their biometric data, and the paragraph 6 of the Article 19 of the Law of Ukraine "On the State Border Guard Service of Ukraine" imposing the SBGS to take foreigners' and stateless persons' biometrics during border control at State Border Check Points as well as Control Entry and Exit Points.
Biometrics will be taken by the SBGS authorised officials carrying out standard passport and documents checks in lines with the Instruction on verification of documents of nationals of Ukraine, foreigners and stateless persons crossing the state border, approved by the Order of the SBGS Administration of 05 June 2012 no.407 and registered with the Ministry of Justice of Ukraine on 27 June 2012 (reg.no.1083/21395).
Biometrics may be taken (depending on the exact border check point):
- within the border check points (passport control lines; foreign route destination vehicles; designated parking areas for foreign route destination vehicles; SBGS facilities etc.); as well as
- beyond those (persons control areas; sea, river ports / fishing enterprises / berths, quays designated control areas; SBGS facilities etc.).
Stateless persons and nationals of these 70 countries are to give their biometrics when going through border control checks at border check points:
7. Burkina Faso
10. Cape Verde
11. Central African Republic
13. Comoro Islands
14. Republic of the Congo
15. Democratic Republic of the Congo
16. Cote d'Ivoire
19. Equatorial Guinea
32. The Democratic People's Republic of Korea
49. Papua New Guinea
50. Russian Federation
52. Sao Tome and Principe
54. Sierra Leone
56. South Sudan
57. Sri Lanka
Other countries nationals might be expected to give their biometrics while going through border control upon the SBGS officials requests.
Categories of foreigners and stateless persons exempt from giving their biometrics are defined by paragraphs 4 and 5 of the Article 16 of the Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons". These include:
- heads of state and government, members of parliamentary and government delegations, their accompanying staff arriving to Ukraine upon an invitation of the President of Ukraine, the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, the Verkhovna Rada of the Autonomous Republic of Crimea or the Council of Ministers of the Autonomous Republic of Crimea, ministries, other central executive authorities of Ukraine;
- UN officials visiting Ukraine upon UN / UN organisations identity documents, as well as their family members;
- minors (foreigners or stateless persons under the age of 18);
- foreign tourists on cruise;
- foreign military aircraft crew members arriving in Ukraine in accordance with the established procedure;
- foreign non-military vessels crew members;
- crew members of international airlines civil aircraft, international railways when staying at airports / railway stations specified in the destination schedule;
- heads of foreign diplomatic missions and consular posts, members of the diplomatic staff, consular officers, members of the administrative and technical staff of diplomatic missions and consular posts, officers of the military attaché and trade missions, as well as their dependant spouse, children and parents;
- members of staff of foreign affairs authorities of foreign states arriving to Ukraine with an official purpose upon a diplomatic or service passport, as well as their family members;
- international organisations officials arriving to Ukraine with an official purpose, members of staff of international organisations branches/offices in Ukraine, members of staff of foreign states’ missions to international organisations headquartered in Ukraine who are covered with diplomatic privileges and immunities, as well as their family members.
In cases where a foreigner or a stateless person refuses to have his/her fingerprints scanned additional border control checks will be carried out by the SBGS officers according to the Law of Ukraine "On the State Border Control" followed by the decision on either allowing that foreigner/stateless person to enter Ukraine or denying the entry.
Foreigners and stateless persons shall only be allowed to enter Ukraine after they have fully complied with all requirements set by Ukraine's legislation.