Information Notice on Export Controls and Technology Transfer in Ukraine (Resolution No. 875)

With Resolution No. 875, Ukraine introduced a new procedure as of 1 July 2026 for the export of military goods, certain dual-use goods, and related technologies. The aim is to enable Ukrainian manufacturers to gain faster access to international markets while at the same time maintaining control over security-relevant technologies. The procedure applies for the duration of the currently prevailing martial law and for an additional six months thereafter.

This information notice provides an overview of the new export regime under Resolution No. 875, outlines the key requirements applicable to exporters and foreign importers, and explains why product classification, compliance structures, and contractual arrangements are essential prerequisites for resilient supply chains.

Which goods and business constellations are covered?

Resolution No. 875 covers military goods listed on Ukraine’s military goods list as well as certain dual-use goods and technologies. This is particularly relevant in practice for companies that develop, manufacture, or trade in UAV and UGV systems (unmanned aerial and ground vehicles) or related technologies. Both complete systems and components and individual parts are covered, provided that they are functionally associated with the respective system.

As a general rule, the new procedure requires the underlying export contract to have a value of at least UAH 15 million (approximately EUR 290,000). Individual parts or components may, however, also be covered at lower values if they are embedded in broader procurement or project structures.

The export regime is also limited to certain destination countries. Exports are only permitted to third countries that have concluded an agreement on military-technical or defence-industrial cooperation with Ukraine. This includes, for example, states that have concluded so-called “Drone Deals” with Ukraine. Six such “Drone Deals” have already been concluded for a period of 10 years. Numerous EU and NATO member states are expected to fall within the scope of these privileged third countries. For companies from these countries, the new regime generally opens up facilitated access to Ukrainian military goods and technologies, while at the same time creating a more closely regulated framework for technological and security-related cooperation.

Structure of the approval procedure and role of the authorities

Export licences are issued by the State Service of Export Control (SSECU). Decisions concerning goods that are not included on the list of “critical products” are to be issued within 30 days under a “fast-track” procedure. Such “critical products” are subject to stricter review, with a 90-day deadline. Defence and security authorities are involved in the decision-making process; if they do not provide their position within the statutory deadlines, a deemed approval mechanism applies.

For exporters, this means that, provided the application documents are complete and plausible, significantly shorter processing times can be expected. At the same time, there is increased pressure to prepare and document the application carefully, particularly with regard to the end-use and end-user, the customer structure, and the overall project architecture.

Shift of compliance responsibilities to companies

A significant part of the compliance review is shifted to the companies involved. Foreign importers and other customers must, in particular, ensure that they are not themselves subject to sanctions, are not controlled by an “aggressor state”, and do not have among their shareholders, beneficial owners, or executives any persons with links to such an aggressor state.

For exporters, this results in an increased need for structured review processes. The requirements typically go beyond conventional sanctions-list screening and also include an analysis of ownership and control structures as well as relevant business relationships. In practice, the Ukrainian authorities can be expected to require comprehensible documentation of these checks, and the corresponding processes will need to be integrated into standardised export control workflows.

Technology transfer, intellectual property and onward-transfer controls

Resolution No. 875 expressly permits the transfer of technologies, while retaining control over intellectual property and onward-transfer rights in Ukrainian hands:

• As a general rule, only a right of use is to be granted; ownership of the intellectual property remains with the Ukrainian rights holder.
• Any transfer, re-export, or other use beyond the purpose originally approved requires the prior consent of the competent Ukrainian authorities.
• Technology transfer agreements must be structured in such a way that the allocation of rights (IP ownership vs. rights of use), the permitted purposes of use, and any onward-transfer rights are clearly defined and aligned with Ukrainian requirements.

For foreign companies, early involvement of IP and export control compliance functions is advisable. Already at the offer and contract stage, IP provisions, end-use clauses, and re-export restrictions should be reviewed and harmonised with the requirements of Resolution No. 875.

State guarantees of the importing state and assurance of end-use

For numerous exports – particularly in the case of sensitive military goods and technologies – state guarantees from the importing country are required. These  guarantees serve to

• secure the end-use of the goods,
• establish binding re-export restrictions, and
• ensure compliance with the conditions governing the transfer of technology.

In practice, this means that exporters will regularly need to coordinate not only with the foreign customer but also with authorities in the importing country as part of a coordinated process. Contractual arrangements and project planning should therefore be designed to ensure that the relevant state end-use and guarantee letters are obtained in good time and integrated into the scheduling of delivery and payment milestones.

Fee structure and economic implications

The new export regime provides for significant value-based fees:

• A fee of 20% of the value of the goods is payable for finished military and dual-use products as well as technology transfers.
• For components and parts, the fee amounts to 30% of the value of the goods.
• The fee is already due upon submission of the application; no refund is made if the export licence is refused.

In addition, a fee may also be incurred if products manufactured using Ukrainian technology are subsequently exported to third countries. Companies must factor the economic impact of these fees into their pricing and project calculations at an early stage and structure their payment arrangements accordingly. This includes, among other things, allocating the fee burden between the contracting parties, reflecting the fees in payment schedules, and taking potential approval risks into account in the contractual architecture.

Priority of Ukrainian procurement needs and project risks

Ukraine reserves the right to defer exports in favour of its own procurement needs. If there is a domestic defence requirement, export licences may be refused and licences that have already been issued may subsequently be suspended.

For companies, this means that even after an approval has been granted, a degree of uncertainty remains regarding the actual feasibility of the export. Long-term supply agreements should take this possibility into account contractually, particularly with regard to

• delivery obligations and delivery deadlines,
• liability provisions and warranty structures, as well as
• force majeure or hardship clauses.

A clear allocation of risks between the parties is required in order to appropriately address approval risks and the possibility of government intervention.

Conclusion and recommendations for action

Companies wishing to benefit from the new export regime or already involved in the relevant supply chains should, as a first step, systematically assess and document

• whether their products, components, or technologies are covered by the Ukrainian military goods list or the relevant dual-use areas,
• whether the applicable value thresholds and destination countries (privileged third countries with cooperation agreements) are met, and
• which project structures (end customers, intermediaries, technology transfers, licensing models) are envisaged.

On this basis, the following measures are particularly advisable:

• adapting internal export control and compliance processes to the requirements of Resolution No. 875,
• conducting an in-depth analysis of customer, ownership, and control structures in order to exclude sanctions exposure and links to aggressor states,
• reviewing and restructuring technology transfer agreements, IP provisions, and end-use agreements in light of the Ukrainian requirements,
• incorporating state end-use and guarantee letters into project planning and contractual arrangements, as well as
• integrating the value-based fees and approval risks into pricing, financing, and project calculations.

We would be pleased to support you with the legal assessment of specific export and import projects, the structuring of contractual and compliance frameworks, and the strategic assessment of the new export regime under Resolution No. 875 in relation to your business models.

Dr. Oliver Hornung will be pleased to assist you with any questions or structuring matters relating to export controls and technology transfer in Ukraine.