Obtaining a permit for the import and export of dual purpose goods

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Ланткевич Кирило

Lawyer

Ukraine / Dnipropetrovsk Oblast

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Publication date: 12.08.2024

I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.

Obtaining a permit for the import and export of dual purpose goods

Dual-use goods (or dual-use goods) are products, technologies and software that can be used for both civilian and military purposes. The main difficulty in regulating them is that such goods have both peaceful and potentially dangerous uses.

Legal aspects of obtaining a permit:

The procedure for granting permission for the import and export of such goods includes several key stages, in accordance with Ukrainian legislation. In order to obtain a permit for the export or import of dual-purpose goods, as well as military goods in Ukraine, the applicant (business entity) must comply with certain conditions and procedures. Here are the main points to consider:

Application form

In person or through a legal representative: The application can be submitted directly or through an authorized person (legal representative) in written or electronic form.

Subjects receiving services

Legal entities and natural persons-entrepreneurs: The administrative service can be received by both legal entities (companies) and natural persons-entrepreneurs (FOP), which are registered with the State Export Control Service of Ukraine (Derzheksportkontrol) as subjects of international transfers of goods.

Conditions for obtaining a permit

• General or open conclusion on temporary import/export
• Creation of a system of intra-firm export control: The business entity must create and maintain a system of intra-firm export control, which must be certified by the State Export Control.
• Permit for export/import of military goods and goods with state secrets. Availability of powers: The business entity must have powers to export and import goods granted to it by the Cabinet of Ministers of Ukraine. This applies to goods that contain information that constitutes a state secret.

The procedure for obtaining a permit

1. Application submission: Fill out and submit an application in accordance with the requirements of the State Export Control.
    
2. Provide all necessary documents, such as commercial invoices, contracts, technical descriptions of goods, documentation confirming authority (for goods with state secrets).
    
3. Attestation of the control system: For dual purpose goods: Make sure that the in-house export control system is certified.
    
4. Examination of the application: The application is considered within the prescribed period (30 days for export, 15 days for import) according to the relevant procedures.
    
5. Obtaining a permit: After reviewing and confirming compliance with all requirements, the State Export Control Authority issues the appropriate permit.

Grounds for rejecting the application:

In case of submitting an application for obtaining a permit for the export or import of dual-use or military goods, the State Export Control may refuse to grant it on the basis of several reasons. Here are the main reasons for refusal:

• The State Export Control may refuse to issue a permit if there is a need to conduct an additional examination of the documents submitted for obtaining a permit. This may be due to insufficient or incomplete information in the provided documents, which requires additional analysis or clarification.
   
• Refusal is possible if the legal entity subject to international transfers of goods has ceased its activity in accordance with the law or has been declared bankrupt. This indicates that the entity no longer has legal personality to carry out international transfers of goods.
   
• The State Export Control may refuse to grant a permit to ensure the national interests of Ukraine or to comply with international obligations that Ukraine has towards other states or international organizations. This may be necessary to maintain security or to comply with international sanctions and agreements.
   
• The refusal may be justified by a violation of the legislation on the part of the subject of international transfers of goods. This includes, but is not limited to, violation of the requirements of Article 24 of the Law of Ukraine "On State Control of International Transfers of Military and Dual-Use Goods."

Legal services in the process of obtaining a permit for the export or import of dual-purpose goods:

The lawyer help in the process of obtaining a permit for the export or import of dual-purpose goods are critically important for the successful and problem-free completion of this procedure. Here are the main types of legal services:

Lawyer consultation and legal analysis of the situation: A lawyer assesses whether your activity meets the requirements for obtaining a permit, in particular for dual-use or military goods. Providing consultations on issues related to the current legislation of Ukraine and international obligations regarding export and import.

Preparation of documents: Lawyers online will help you with the collection of necessary documents, including proof of registration, goods documents, and any other necessary certificates. Development and preparation of an application for obtaining a permit that meets all the requirements of the State Export Control. Development of a system of internal export control to meet the requirements of the State Export Control.

Lawyer services  in interaction with state bodies: Submission of an application to the State Export Control Office or other relevant bodies. Responding to requests from government agencies to clarify or provide additional information. The lawyer services online will assist in the preparation of any supporting documents that may be required to support the application.