In brief
On 8 July 2026, Resolution No. 875 of the Cabinet of Ministers of Ukraine entered into force, approving the Procedure for International Transfers of Military and Dual-Use Goods During the Period of Martial Law in Ukraine (the “Procedure”).
The Procedure introduces a simplified framework for international transfers of military goods, dual-use goods and related technologies during the period of martial law in Ukraine. The general state export control regime remains applicable except where it is superseded by the Procedure.
The new framework is intended to enhance international defence cooperation and facilitate the implementation of export contracts, while preserving government oversight of transfers that may affect Ukraine’s defence capabilities and national security.
When does the new framework apply?
The simplified international transfer mechanism is available subject to a number of conditions, including the following:
- Goods. The transfer must relate to specified categories of military goods, dual-use items that have been adopted for service or codified by the Ministry of Defence as supply items, certain goods that are not included in the military goods or dual-use goods control lists, as well as military and dual-use technologies.
- Contract value. The Procedure applies to contracts with a value exceeding UAH 15 million (approximately USD 340,000). No minimum value threshold applies to contracts involving components and spare parts.
- Destination country. The transfer must be destined for a country with which Ukraine has concluded an international treaty and/or another bilateral international instrument (such as an agreement, memorandum or other arrangement) providing for cooperation in the production, supply, joint development, technological exchange or use of unmanned systems, other defence technologies or defence products (so-called Drone Deal). The list of countries eligible to receive international transfers under the Procedure will be approved by the Ministry of Foreign Affairs on a quarterly basis.
- No export restrictions. The goods or technology must not be included in the list maintained by the Ministry of Defence of items whose export may pose a risk to Ukraine’s defence capabilities and national security (the critical goods list).
Where these conditions are met, international transfers may be carried out without review by the Interagency Commission on Military-Technical Cooperation and Export Control Policy (the “Interagency Commission”), which is expected to significantly reduce the time required to obtain the necessary authorization. However, authorization from the State Export Control Service (SECS) remains mandatory.
How does the authorization process change?
The Procedure reduces the maximum review period for applications submitted to the SECS and introduces a deemed approval mechanism. SECS must review an application within 30 calendar days following submission of a complete set of documents. During this period, the application is subject to review by the Ministry of Defence and interagency consultations with the SSU, the Foreign Intelligence Service and the intelligence agency of the Ministry of Defence. If any of these authorities fail to provide their opinion within the prescribed timeframe, the relevant international transfer will be deemed approved.
When does the simplified framework not apply?
The simplified framework is not universally available. The Interagency Commission will remain involved in the review of applications for export authorizations in the following cases:
- transfers to countries with which Ukraine has not concluded a Drone Deal or which are subject to a partial embargo;
- transfers involving goods or technologies included in the critical goods list, or otherwise subject to export restrictions arising from Ukraine’s international obligations; or
- applications in respect of which the SSU, the Foreign Intelligence Service or the intelligence agency of the Ministry of Defence raise objections during the interagency consultation process.
Key takeaways
- Registration with SECS. Exports under the Procedure may only be carried out by a registered international transfer entity. Accordingly, companies intending to use the Procedure must first register with the SECS.
- Importing state guarantees. For transfers of technologies, the importing state must provide state guarantees regarding: (i) the use of the technologies without any transfer of intellectual property rights; (ii) a prohibition on their further transfer, re-export or disclosure to third parties without Ukraine’s prior written consent; (iii) the manufacture of goods using the transferred technologies only in the agreed quantities and on the agreed terms; and (iv) the provision of information to Ukraine regarding any modifications or improvements to the design, technical solutions, software or other changes made to goods manufactured using the transferred technologies.
- Priority for Ukraine’s defence needs. One of the grounds for refusing an export authorization is the intention of the Ministry of Defence or another state customer to procure the relevant goods for Ukraine’s defence needs. However, an applicant may provide assurances that domestic defence requirements will be met while the export contract is performed.
- Authorization fee. The Procedure introduces an authorization fee of 20% or 30%, depending on the type of goods being exported. Evidence of payment must be submitted together with the application to the SECS.
What should be done now?
The Procedure represents one of the most significant reforms of Ukraine’s state export control regime introduced during martial law. At the same time, not all exporters will be able to benefit from the simplified framework. As a practical matter, companies planning international transfers of military goods or dual-use items should consider taking the following steps now:
- assess whether their goods qualify for the new framework and satisfy the requirements regarding adoption for service or codification;
- determine whether the simplified framework may be available for transfers carried out under a Drone Deal;
- review internal procedures for preparing applications to the SECS, with particular attention to the proper classification of goods and registration requirements;
- factor into transaction timelines situations in which additional review by the Interagency Commission remains mandatory; and
- plan ahead for obtaining the required state guarantees in connection with international transfers of technologies.
