On 2 September 2017, Decree of the President of Ukraine No. 256/2017, dated 30 August 2017, enacted the decision of the National Security and Defense Council of Ukraine "On Strengthening Control over Entry into Ukraine and Departure from Ukraine of Foreign Nationals and Stateless Persons, Compliance with Rules of Stay in Ukraine" dated 10 July 2017 (the Decision).
The Decision obliges the Cabinet of Ministers to introduce significant changes to the existing regulations and, in particular, to establish the requirement of a biometric passport for entry into Ukraine. The detailed step plan for implementing the Decision should be published soon. The Cabinet of Ministers should also implement the following:
- upgrade the procedure for registering the place of residence in Ukraine for foreign nationals who originate from “migration risk states” or who have entered Ukraine from the territory of such states;
- update the list of “migration risk states” (in particular, to include the Russian Federation);
- create an action plan for the introduction of: (i) the requirement for foreign nationals to file a prior electronic notification of intent to enter Ukraine; and (ii) a biometric passport for foreign nationals traveling in to or out of Ukraine; and
- from 1 January 2018, ensure operation of the system to biometrically verify and identify foreign nationals at the border.
Currently, the law neither requires a biometric passport to cross the Ukrainian border nor obliges foreign nationals to file prior notification regarding entry into Ukraine. Companies hosting foreign nationals should carefully monitor all changes to the Ukrainian migration laws when planning a foreign national’s visit to Ukraine.