The Permit Dimension of Defence-Sector Consulting
Consulting in the defence sector differs from most service contracts in one respect that is easy to miss: Georgian export-control legislation separately regulates technical assistance and brokering services connected with military and dual-use products, and those activities are unlawful without their own permit — regardless of whether any physical product moves. The consulting contract as such — its formation, fees, intellectual property and liability — is governed by the general rules of civil legislation; what this page addresses is specifically when advice about military or dual-use products requires a permit. It should also be noted that the foreign-agent registration regimes known in some other countries have no counterpart in Georgia, and that concept is simply not part of the applicable framework here: the question stands exclusively on export-control permits.
Technical Assistance — When a Permit Is Required
Under the law, technical assistance means assistance connected with the repair, development, manufacture, assembly or testing of products, or other technical services, which may include instruction, training, the sharing of working experience and skills, and consulting services in connection with products — and it also covers assistance in any oral form. A resident's provision of technical assistance outside the customs territory of Georgia takes place on the basis of a technical-assistance permit where the permit issuer has informed the provider, on the basis of a reasonable supposition, that the assistance will be used wholly or partly for purposes connected with weapons of mass destruction, or where that is known to the provider or the provider has a reasonable supposition of it. The law draws two carve-outs: no permit is required for assistance that is open information or part of fundamental scientific research, and for oral assistance not connected with technology defined by the control lists. These boundaries decide which consulting package falls under the permit regime, and they must be assessed before the engagement letter is signed, not after the work has begun.
Brokering Services and the Application Route
Brokering services mean the organisation, from outside the customs territory of Georgia, of the purchase, sale or delivery of products to a final destination also outside that territory — including the conduct of official negotiations — where the purpose is the transfer of products between two or more identified countries, as well as the purchase, sale or delivery of products located outside the customs territory to another country. Auxiliary services — transport, financial services, insurance and reinsurance, general advertising and support — are expressly not brokering. Brokering in relation to military products is carried out on the basis of a brokering permit; for dual-use products, where the broker has been informed by the permit issuer on a reasonable supposition, or knows or reasonably supposes the prohibited end use. As to the application: the permit seeker must be the direct performer of the licensed activity, and submits to the permit issuer both the documentation determined by the Law on Licences and Permits and the documentation determined by the government normative act — which includes end-user certificate rules. A consulting firm that also organises transactions therefore faces two distinct permit tracks, and conflating them is a classic source of enforcement exposure.
Drawing the Lines in Practice: Advice, Organisation or Transmission
In practice the separation of the regimes begins with one question: what does the consultant actually do. Transferring product-related knowledge to a foreign partner — through training, instruction or advice — falls under the technical-assistance regime; running the organisation of a transaction between two countries falls under brokering; and where product leaves or enters Georgia, the export or import regime subject to customs control is engaged as well. The law's treatment of electronic forms deserves particular attention: the transmission of controlled software or technology outside the customs territory of Georgia by any electronic means — including making it electronically available to a person — is export, and the supply of such software or technology by telephone or orally to a non-resident even within Georgia is likewise deemed export. This means that the typical formats of modern consulting — remote training, document sharing, granting access — reach beyond the classic customs categories and must be classified before the contract is concluded. Mixed packages, where advice, organisation and document flow are combined, are the most vulnerable, and the correct answer for them frequently requires more than one permit.
Frequently Asked Questions
Below we answer the most common questions about defence-sector consulting.
Is a permit required for technical assistance abroad?
Yes, where the permit issuer informed the provider of the suspected prohibited use on a reasonable supposition, or the provider knows or suspects it; open information and fundamental research are carve-outs.
What falls within the concept of technical assistance?
Repair, development, manufacture, assembly and testing of products and other technical services — including instruction, training, sharing of experience and consulting, in oral form as well.
When is a consultant a broker?
When the consultant organises the purchase, sale or delivery of products between countries, including conducting official negotiations; transport, insurance and general support are excluded.
Who may apply for the permit?
Only the direct performer of the licensed activity, submitting both the general licence-law documentation and the documentation determined by the government normative act.
How We Help on Legal.ge
Classifying a consulting package for permit purposes — technical assistance, brokering, or a carve-out — is decisive before the contract is concluded. On Legal.ge you can consult an experienced lawyer in export control and defence law who will assess your services, help you prepare the permit application, and protect your interests. Fill in the request form on the site and receive qualified assistance.