Background
On 1 July 2026, the Cabinet of Ministers of Ukraine, by Resolution No. 875, approved a dedicated Procedure for the International Transfer of Military and Dual-Use Goods for the period of martial law.
This marks a shift away from what was effectively a closed model of defence-product exports towards a controlled, permit-based model. The key changes are:
- faster review of applications by the State Export Control Service — 30 calendar days;
- removing most applications from review by the Interagency Commission on Military-Technical Cooperation and Export Control Policy (the “ICMTC”) and introducing a “tacit consent” principle;
- simplified access to exporter status for manufacturers holding government defence contracts;
- a permit fee of 20–30% of the value of the goods.
The Procedures approved by Resolutions No. 1807 and No. 86, which govern State control over the international transfer of military and dual-use goods, remain in force to the extent they are consistent with the new Procedure, while the overall export control system remains unchanged.
1. Principal changes
- Timeframes: previously, the overall review period under the interagency approval process could reach up to 90 days. It is now 30 calendar days.
- ICMTC: previously, all applications were subject to ICMTC review. ICMTC approval is now no longer required, except in specified cases.
- Approvals: previously, a separate opinion was required from each authority, and the lack of a response could stall the review. A tacit-consent principle now applies.
- Exporter status: previously, this authority was granted separately by the Cabinet of Ministers. It is now enough to be a manufacturer of goods or an owner of technologies under government defence contracts, or to be entered in the relevant register.
- Defence priority: previously, the Ministry of Defence could block an export simply by declaring a need for the goods; that need must now be confirmed by concluding a contract within 30 calendar days.
2. Scope and who may export
The regime covers the export of military goods, dual-use goods, certain non-listed goods, and technologies – provided the goods have been adopted for military use or codified as an item of supply. The minimum export value is UAH 15 million. This threshold does not apply to component parts and assembly items.
The regime is open to manufacturers of goods or owners of technologies that perform government defence contracts and/or are entered in the register of participants in selection procedures and performers of government contracts.
3. Permitted destinations and prohibitions
Exports may be made only to “Drone Deal” states – that is, states that have concluded a treaty, memorandum or other bilateral cooperation agreement with Ukraine in the field of unmanned systems or other defence technologies. The Ministry of Foreign Affairs approves the list of such states each quarter. Exports to these states are carried out without ICMTC approval.
In parallel, the Ministry of Defence maintains a list of critical goods whose export is prohibited. The list is updated quarterly, and the inclusion of an item on it is, in itself, a ground for refusal.
4. Procedure and timeframes
The applicant submits an application to the State Export Control Service together with a set of documents covering: the grounds for the transfer, the eligibility of the foreign counterparty, the value of the goods, and payment of the permit fee. Documents may be filed electronically. The review period is no more than 30 calendar days.
In place of ICMTC review, a simplified interagency approval applies: the Ministry of Defence must respond within 20 calendar days (10 days for technologies), and the SSU, the intelligence agencies and government customers within 15 calendar days. A failure to respond within the deadline is treated as consent. The ICMTC is brought into the process only where the export is destined for states outside the “Drone Deal” format, involves critical goods, or where the security services have raised objections.
At the same time, the requirements to register as an entity carrying out international transfers and to obtain a prior expert examination of the goods by the State Export Control Service remain in place.
5. Permit fee
The fee is set as a percentage of the value of the goods:
- 20% – standalone (finished) products;
- 30% – component parts;
- 20% – technologies;
- 20% – re-export to third countries of goods manufactured using transferred technologies.
Value is determined by reference to defence procurement prices or, where none exist, on the basis of an expert opinion or a property valuation report.
Proof of payment is filed together with the application – meaning the fee is paid before a decision is taken, and the Procedure provides no mechanism for a refund if the application is refused.
A part of the proceeds from export operations will be allocated to a special fund within the state budget to support the development of the defence-industrial complex.
6. Technology and intellectual property
Intellectual property rights remain in Ukraine: the technology is transferred for use only, with no assignment of proprietary rights and no sale. The importing state gives guarantees that any onward transfer, re-export, sale or temporary export of the goods and technologies will take place only with the prior written permission of the State Export Control Service, and that manufacturing will be carried out in the volumes and on the terms set out in the contract.
7. Priority of defence needs
An intention by the Ministry of Defence or another government customer to purchase the goods for defence needs is a ground for refusal. However, the applicant may provide written guarantees of supply for defence needs, in which case this ground does not apply. If a permit is nonetheless refused on this ground, the government customer is obliged to conclude a contract with the applicant for the purchase of those goods within 30 days. Failing that, the applicant may reapply, and this ground for refusal no longer applies. If the applicant fails to perform its existing government contracts, the permit may be suspended, thereby ensuring that domestic defense needs remain the priority.
Why this matters
The new procedure gives defence manufacturers a more predictable export channel, setting a maximum review period of 30 calendar days and removing mandatory ICMTC review except in specified cases. At the same time, this is not “free export”: the regime is confined to defined products, to manufacturers holding government defence contracts, and to “Drone Deal” states. The priority of defence needs, the permit fee (20-30%), and control over technology, re-export and compliance across the entire supply chain remain unchanged.
Contact us
AMV Law Offices advises clients in the security and defence sector and on complex cross-border projects and disputes. We are ready to advise on how the new procedure applies to specific transactions. To find out how these changes affect your contracts or strategy, please get in touch with our team.