License for trade in dual purpose goods

Dual-use goods include products, technology, or software that can be used for both civilian and military purposes.

Who issues a license for trade in dual-purpose goods in Ukraine?

In Ukraine, the State Export Control Service of Ukraine is responsible for issuing licenses for the export and import of dual-purpose goods. It is this body that determines which goods are subject to export control and issues the corresponding permits.

An application for a license can be submitted only by a business entity: a legal entity or a sole proprietorship. For example, these can be companies producing dual-purpose goods or trading companies, if they are engaged in the purchase and sale of such goods.

The procedure for obtaining a license

The procedure for obtaining a license may vary slightly depending on the specific product and situation.

But usually it consists of the following stages:

1. Product identification: first, it is necessary to determine whether the goods are subject to export control. For this purpose, you can use Ukrainian national lists of dual-purpose goods.
2. Preparation of documentation: It is necessary to prepare a package of documents, which usually includes a technical description of the product, information about the origin of the product, information about the final recipient, a contract with a counterparty for the sale of the product, information about how the product will be used, etc.
3. Application submission: The application and all necessary documents are submitted to the State Export Control Service of Ukraine in person or through a legal representative.
4. Review of the application: The service considers your application within 30 days and makes a decision on issuing or refusing to issue a license.
5. Issuing a license: In the case of a positive decision, a license is issued that defines the terms of export or import of goods.

License validity period

The time during which you can use a license to trade dual-use goods in Ukraine may vary and depends on some issues:

• Product type: The license term will be shorter for products that are more sensitive in terms of safety
• Scope of operation: For large contracts, the license may be extended for a longer period.
• Export/import countries: If the country of export or import is under sanctions or has an unstable political situation, the validity of the license may be limited.
• Specific conditions specified in the license: The license may contain additional terms affecting its validity.

Bottom line: the license can last from a few months to a few years.

In case of questions regarding the export or import of dual-purpose goods, the specialists of the legal company “Prikhodko and Partners” are ready to provide detailed advice and help with obtaining a license for the trade of dual-purpose goods.