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Ukraine introduces new export control procedures

04/ 08/ 2026
  Cabinet of Ministers Resolution No. 875 (the “Resolution”) introduces a new procedure governing the export of certain military and dual-use goods during martial law (the “Procedure”) and also expands the list of exemptions regarding Cabinet of Ministers authorization for the export of military goods. Entry into force – 8 July 2026. Current status – several implementing acts required for the Procedure to operate have not yet been adopted, and a number of practical issues remain to be resolved. Term of validity – during martial law and for six months following its termination or cancellation. 1. Scope of the Procedure. Eligible goods: - military items accepted for armament or codified as items of supply; - dual-use items used for the development, production or use of such military items; and - military and dual-use technologies. List of Critical Goods – to be approved periodically. Inclusion in the list constitutes grounds for refusing an export permit. Value threshold – exports valued at UAH 15 million or more. The threshold does not apply to components and spare parts. Eligible destinations – countries that have concluded a “Drone Deal” with Ukraine or are included in a periodically approved list of eligible countries. Foreign parties – importers, end-users and intermediaries must satisfy applicable criteria related to sanctions, ownership, and ultimate control. Practical uncertainty: application of the standard export control framework to transactions falling outside the scope of the Procedure. 2. Export Approval Process. The Procedure establishes a special process for obtaining export permits. NB: The applicant must be registered with the State Service of Export Control of Ukraine (the “SSECU”) as an entity engaged in international transfers. Application package – must include, inter alia, importing-state guarantees regarding technology transfers and evidence of the value of the goods (state defence procurement contract or expert opinion). Authorities involved in the review – the SSECU, Ministry of Defence, Security Service of Ukraine, Foreign Intelligence Service and Defence Intelligence. The Interagency Commission is additionally involved in certain higher-risk cases. Review period – 30 calendar days. Grounds for refusal – include, inter alia, the planned procurement of the respective goods for Ukraine’s own defence needs and a failure to perform state defence contracts. Practical uncertainty: certain application requirements (e.g., whether importing-state guarantees are required for the export of finished products). 3. Special Rules for Technology Transfers. Form of transfer – generally limited to a right of use, without assignment of the IP rights. Production limits – products may be manufactured only in the agreed-upon quantities and on the agreed terms. Improvements – information on improvements to products manufactured using the transferred technology must be provided to Ukraine. Further transfers – re-export, sale and other subsequent transfers of technology and manufactured products require prior SSECU approval Third-country transfers – subject to an additional fee of 20% of the value of the relevant products. Practical uncertainty: the procedure for obtaining SSECU approval for subsequent transfers of technology and products manufactured using the given technology. 4. Export Permit Fee. Finished products – 20% of the respective value. Components and spare parts – 30% of the respective value. Technology – 20% of the value of those goods that may be manufactured under the relevant technology license. Third-country transfers – an additional 20% of the value of those goods manufactured using the transferred technologies. Practical uncertainty: detailed calculation rules are provided only for technology exports. 5. Government Authorization Exemption. In addition to introducing the Procedure, the Resolution expands the exemptions from the requirement for Cabinet of Ministers authorization for the export of military goods. Eligible exporters – manufacturers of the relevant military items and holders of rights to the relevant technologies. Additional requirement – the exporter must perform state defence contracts and/or be included in the Register of Defence Suppliers. 6. Key Takeaways. Opportunities Constraints An additional step towards liberalising the export of military and dual-use goods Procedure is not yet fully operational: the implementing acts, including the lists of critical items and eligible countries, are pending, and several practical aspects of its application remain unclear. Dedicated export approval procedure with a 30-day permit review period Subject to significant limitations: §   limited to eligible goods, destinations and foreign parties, with a general UAH 15 million threshold; §   broad grounds for refusal, including where the goods are required for Ukraine’s defence needs; and §   significant export permit fees. Possibility to transfer Ukrainian defence technologies abroad Strict technology transfer conditions:restrictions on IP transfers, production and re-export, together with disclosure obligations. Expanded exemption from Cabinet of Ministers authorization for qualifying exporters Limited eligibility: available only to manufacturers or technology rights holders that perform state defence contracts and/or are included in the register of defence suppliers. Contacts For more information, please contact: Daniel Bilak, Managing Partner, Defence & Security, Kyiv, [email protected] Natalia Kirichenko, Partner, IP&T, Data & Cybersecurity, Kyiv, Firm-wide Head of IP&T, [email protected] Maiia Savelieva, Senior Associate, Defence & Security, Kyiv, [email protected] The above does not constitute legal advice and does not create an attorney-client relationship between Kinstellar and any recipient. It is meant for marketing purposes only. The material cannot be circulated to any other person or published in any way without our consent. We retain no liability for the contents of this paper however it may be used by any recipient.

Cabinet of Ministers Resolution No. 875 (the “Resolution”) introduces a new procedure governing the export of certain military and dual-use goods during martial law (the “Procedure”) and also expands the list of exemptions regarding Cabinet of Ministers authorization for the export of military goods.

  • Entry into force – 8 July 2026.
  • Current status – several implementing acts required for the Procedure to operate have not yet been adopted, and a number of practical issues remain to be resolved.
  • Term of validity – during martial law and for six months following its termination or cancellation.

1. Scope of the Procedure

  • Eligible goods:

– military items accepted for armament or codified as items of supply;

– dual-use items used for the development, production or use of such military items; and

– military and dual-use technologies.

  • List of Critical Goods – to be approved periodically. Inclusion in the list constitutes grounds for refusing an export permit.
  • Value threshold – exports valued at UAH 15 million or more. The threshold does not apply to components and spare parts.
  • Eligible destinations – countries that have concluded a “Drone Deal” with Ukraine or are included in a periodically approved list of eligible countries.
  • Foreign parties – importers, end-users and intermediaries must satisfy applicable criteria related to sanctions, ownership, and ultimate control.

Practical uncertainty: application of the standard export control framework to transactions falling outside the scope of the Procedure.

2. Export Approval Process

The Procedure establishes a special process for obtaining export permits.

NB: The applicant must be registered with the State Service of Export Control of Ukraine (the “SSECU”) as an entity engaged in international transfers.

  • Application package – must include, inter alia, importing-state guarantees regarding technology transfers and evidence of the value of the goods (state defence procurement contract or expert opinion).
  • Authorities involved in the review – the SSECU, Ministry of Defence, Security Service of Ukraine, Foreign Intelligence Service and Defence Intelligence. The Interagency Commission is additionally involved in certain higher-risk cases.
  • Review period – 30 calendar days.
  • Grounds for refusal – include, inter alia, the planned procurement of the respective goods for Ukraine’s own defence needs and a failure to perform state defence contracts.

Practical uncertainty: certain application requirements (e.g., whether importing-state guarantees are required for the export of finished products).

3. Special Rules for Technology Transfers

  • Form of transfer – generally limited to a right of use, without assignment of the IP rights.
  • Production limits – products may be manufactured only in the agreed-upon quantities and on the agreed terms.
  • Improvements – information on improvements to products manufactured using the transferred technology must be provided to Ukraine.
  • Further transfers – re-export, sale and other subsequent transfers of technology and manufactured products require prior SSECU approval
  • Third-country transfers – subject to an additional fee of 20% of the value of the relevant products.

Practical uncertainty: the procedure for obtaining SSECU approval for subsequent transfers of technology and products manufactured using the given technology.

4. Export Permit Fee

  • Finished products – 20% of the respective value.
  • Components and spare parts – 30% of the respective value.
  • Technology – 20% of the value of those goods that may be manufactured under the relevant technology license.
  • Third-country transfers – an additional 20% of the value of those goods manufactured using the transferred technologies.

Practical uncertainty: detailed calculation rules are provided only for technology exports.

5. Government Authorization Exemption

In addition to introducing the Procedure, the Resolution expands the exemptions from the requirement for Cabinet of Ministers authorization for the export of military goods.

  • Eligible exporters – manufacturers of the relevant military items and holders of rights to the relevant technologies.
  • Additional requirement – the exporter must perform state defence contracts and/or be included in the Register of Defence Suppliers.

6. Key Takeaways

Opportunities

Constraints

An additional step towards liberalising the export of military and dual-use goods

Procedure is not yet fully operational: the implementing acts, including the lists of critical items and eligible countries, are pending, and several practical aspects of its application remain unclear.

Dedicated export approval procedure with a 30-day permit review period

Subject to significant limitations:

§   limited to eligible goods, destinations and foreign parties, with a general UAH 15 million threshold;

§   broad grounds for refusal, including where the goods are required for Ukraine’s defence needs; and

§   significant export permit fees.

Possibility to transfer Ukrainian defence technologies abroad

Strict technology transfer conditions:restrictions on IP transfers, production and re-export, together with disclosure obligations.

Expanded exemption from Cabinet of Ministers authorization for qualifying exporters

Limited eligibility: available only to manufacturers or technology rights holders that perform state defence contracts and/or are included in the register of defence suppliers.

Contacts

For more information, please contact:

The above does not constitute legal advice and does not create an attorney-client relationship between Kinstellar and any recipient. It is meant for marketing purposes only. The material cannot be circulated to any other person or published in any way without our consent. We retain no liability for the contents of this paper however it may be used by any recipient.

This material is provided by a member company or partner organization of the European Business Association as part of an informational collaboration. The Association is not responsible for the accuracy, completeness, or reliability of the information presented. The views, opinions, and recommendations expressed in this material are solely those of the authors and do not reflect the official position of the European Business Association.

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