On 1 July 2026, the Cabinet of Ministers of Ukraine adopted Resolution No. 875, establishing a dedicated procedure for international transfers, including exports of military and dual-use goods and related technologies during the period of martial law and six months following its cancellation. It provides a faster alternative to standard export controls, enabling quicker market access while maintaining security safeguards and prioritising domestic defence (the “New Procedure“). The New Procedure covers goods adopted into service or as supply items, and their production technologies.
Importantly, the New Procedure does not replace Ukraine’s export-control system. The applicant must obtain a permit from the State Service of Export Control of Ukraine (the “SSECU“) either under the New Procedure or under the general existing procedure.
Export contracts eligible for the New Procedure
Value threshold.The New Procedure applies to exports of military and dual-use goods and related technologies valued at UAH 15 million (ca. EUR 295,000) or more. The threshold does not apply to components and constituent parts, which may be exported under the New Procedure regardless of value.
Partner states only. Transfers may be made only to states that have concluded an international treaty or other bilateral instrument (agreement, memorandum, etc.) with Ukraine on defence cooperation, mostly known as a “Drone Deal“. Notably, the Resolution No.875 is not confined to drone-specific deals: any qualifying international agreement can bring a state within scope, though how broadly this applies in practice remains to be seen. Separately, the Ministry of Foreign Affairs, together with the Interdepartmental Commission on Military-Technical Cooperation and Export Control Policy (the “Commission“), approves and updates quarterly a list of eligible states, which is binding on the SSECU. A state must therefore have a qualifying agreement and appear on this list.
How Export Permit Decision Is Made
30-day decision. SSECU must decide on a permit within 30 calendar days upon submitting the application and supporting documents.
Streamlined process and deemed interagency approval. During the30-day decision period the SSECU shall internally interact with the Ministry of Defence of Ukraine, the Security Service of Ukraine, the Foreign Intelligence Service and the Defence Intelligence of Ukraine to obtain approvals from them. If the above bodies do not provide their approvals to SSECU within the terms provided by law, the approvals from these bodies are deemed to be granted. However, the silent consent principle does not apply to decisions to be made by the SSECU.
Critical goods list. The Ministry of Defence draws up, and updates quarterly, a list of goods and technologies whose export could threaten Ukraine’s defence capability and national security. Inclusion on this list is a ground for refusing a permit and routes an application to the Commission, so it operates in practice as a restricted- or no-export list that manufacturers should check before planning a transaction.
Sensitive cases retained. In certain cases the Commission must be involved in export permit decision process: e.g. when a destination state has not concluded a Drone Deal with Ukraine; the destination state is subject to a partial embargo; the goods or technologies are included in the Ministry of Defence’s list of critical goods; the export is restricted under Ukraine’s international obligations; or the security or intelligence bodies have raised concerns regarding the proposed export.
Domestic-supply priority. An export permit may be refused by the SSECU if the Ministry of Defence or another state defence customer intends to purchase the goods for Ukraine’s defence needs. The exporter may avoid refusal by guaranteeing supply for Ukraine in the required volumes and within the required timelines. If a permit is refused on this ground, the relevant state customer has 30 calendar days to take steps to conclude a procurement contract; otherwise, the exporter may reapply for export permit, and the same ground cannot be used again to refuse export permit. Existing state defence contracts take priority, and non-performance of any of them could lead to export permit suspension or revocation.
Foreign Importer Requirements
Foreign importers, end-users and intermediaries must not:
IP Rights and Technology Transfer
Where technologies are transferred under the New Procedure, the intellectual property rights in them remain with the Ukrainian rights holders: the technology is provided for use only, with limited exceptions for assignment or sale.
Any onward transfer, re-export, sale, or temporary export of goods made using these technologies requires prior written approval from SSECU. Manufacturing is limited to licensed quantities and terms.
Importer State Guarantees
The application for export permit must be supported by a state guarantee issued by the importing state. In the case of technology transfers, the guarantee must provide that: (i) the technology is licensed for use without assignment of the underlying intellectual property rights or sale of the technology (except as permitted by the New Procedure); (ii) any further transfer, re-export, sale, temporary export, transfer of technology or technical documentation, or provision of related services requires SSECU’s prior written approval; (iii) goods may be manufactured using the transferred technology only in the quantities and on the terms agreed in the relevant contract; and (iv) Ukraine will be provided with information on any modifications, upgrades, improvements or other changes made to goods manufactured using the transferred technology.
Permit fees
A fee is payable on the value of the goods:
The documents evidencing payment must accompany the application. The fee falls due at the application stage.
Comment
Resolution No. 875 is best read not as a finished export regime but as a first, deliberately fast iteration and its mechanics reveal who it is really for. On paper, the mechanism is neutral, but its economics are not. A flat 20% charge on finished goods (30% on components), payable up front, is absorbable for producers of novel unmanned systems, where margins could be exceptional, and the market is still forming. For manufacturers of conventional materiel armour, artillery, ammunition, components operating on thin, single-digit margins in mature and highly competitive markets, the same charge can erase the commercial rationale for exporting at all. The regime thus opens the door widest for the drone sector and only narrowly for the rest of Ukraine’s defence-industrial base.
The second constraint is geographic: exports are only allowed in states on the list approved by the Ministry of Foreign Affairs. Although the gateway appears broad, covering any qualifying agreement, not just drone-specific ones, its practical scope depends on the number of listed states and how fast the list expands. For many manufacturers, both dimensions cut against the deal: the up-front fee can strip out the economic rationale, and the geographic limits may leave their target market uncovered at the relevant time.
Two structural features compound the commercial risk. The fee falls due at the application stage. Yet, the regulation does not provide for its refund if the export permit is refused, and the Ministry of Defence retains a domestic-priority veto, now subject to a 30-day contracting deadline but not eliminated. Manufacturers should therefore model destination eligibility, critical-goods status, and the up-front, non-refundable charge in pricing and payment structures before committing to a foreign counterparty. They should expect the regime to be revised, as the government has signalled it will refine the mechanism in response to industry feedback.