Author: Uliana Luchkevych, lawyer at F&P
In the context of increasing export control measures and military assistance, Ukraine increasingly faces the need for a precise and cautious approach to customs clearance of dual-use goods. Errors at this stage can be either financial implicationsand criminal risks for companies and their officials.
What are dual-use goods?
Dual-use goods are products, equipment, technologies or software that can be used for both civilian and military purposes. For example:
- drones and their components,
- optical devices,
- encryption software,
- materials for the manufacture of armor,
- equipment for the chemical industry.
The list of such goods is regulated by the CMU Resolution and international agreements, in particular The Wassenaar Regime.
Main legal risks
- False declaration
A company that submits a declaration without properly identifying the goods as dual-use may be accused of violating export control laws. - Lack of permits
Export or import of dual-use goods requires a special permit of the State Export Control Service of Ukraine. Its absence is grounds for detention of goods and penalties. - Criminal liability
In some cases, the violation is qualified as smuggling or violation of the rules of the international regime of control over military goods.
What should businesses pay attention to?
- Accurate classification of goods
Before customs clearance, it is recommended that you contact a technical specialist or lawyer to help determine whether the goods fall under the “dual-use” criteria. - Obtaining preliminary clarifications
You can request a preliminary assessment from the State Export Control Service to reduce the risk of incorrect declaration. - Correct execution of contracts
A foreign economic agreement must clearly reflect the purpose of the goods, their technical characteristics, and the end user. - Staff training
Accountants, logisticians, and foreign trade managers should be familiar with the criteria for determining such goods and the requirements for clearance.
How we help
Law firm Fedoryshyn & Partners advises businesses on:
- classification of goods in accordance with national and international controls,
- obtaining import/export permits,
- execution of foreign economic contracts with minimization of risks,
- representation in customs disputes and cases of cargo detention.
Contact us if your company works with sensitive products or plans to enter foreign markets. The right legal strategy today is a guarantee of security and business continuity tomorrow.
