The Route to a Military-Product Export Permit
The export of military-purpose products from Georgia is possible only on the basis of an export permit, and that permit is a discrete administrative act whose issuing organ is fixed directly by the law: the Ministry of Defence of Georgia is the competent organ which issues, for military products defined by the control lists, export, import, transit, brokering and technical-assistance permits. It matters greatly how the system is understood: unlike the United States export-control system, with its layered licence-exception architecture and multi-step jurisdictional thresholds, the Georgian permit is a single act of a single administrative organ, and its refusal can be challenged under the general administrative procedure. This page explains each stage of that route.
The Application and the Issuing Organ
The permit seeker must be the direct performer of the licensed activity; it applies to the permit issuer and submits both the documentation determined by the Law on Licences and Permits and by other normative acts, and the documentation determined by a government decree — the latter including the rules on end-user certificates. In the cases determined by the law, the seeker first applies to the Ministry's permanent Military-Technical Commission for a recommendation, and only after obtaining it to the permit issuer; for an application filed in breach of that order, the proceeding does not even begin — it is forwarded to the commission. In giving its recommendation the commission takes into account the international obligations assumed by Georgia on non-proliferation of nuclear, mass-destruction and other weapons, and Georgia's national and security interests; its procedures and criteria are determined by a government decree, and — a detail of real consequence — the General Administrative Code does not apply to the commission's activity.
The Permit's Validity and Conditions
The permit seeker must submit to the issuer all information necessary to obtain the permit or the recommendation. A permit is valid for the period indicated in it, and where no period is indicated it is deemed to be valid for twelve months from issuance. The permit holder bears the permit conditions established by the legislation, including: notifying the issuer of any change in the documents submitted for the permit; creating an internal control system ensuring compliance with the permit conditions; permanently maintaining an information base enabling the issuer to be given a report on the status of the licensed activity upon request; and not obstructing the issuer's control measures — on the contrary, facilitating them. The rules and methodology of control, and the matters of end-user certificates, are regulated by a government decree, and the same act may provide for electronic document exchange and for specific exceptional procedures in individual cases.
The Decree Layer and Challenging a Refusal
The text of the law deliberately entrusts the technical detail to a government decree: inter-agency coordination, the methodology and rules of control, the interpretation and application of the law, and the issuance rules for end-user certificates are all determined by that normative act. The practical consequences are twofold. First, before preparing an application, that decree must be studied — it is there that the documents accompanying the application are listed, and it is there that the cases are defined in which an organ, person or organisation is relieved of the duty to obtain a permit, though such relief never extends to the duty to obtain the commission's recommendation. Second, the same act may establish the use of electronic documents and their exchange through an electronic document-flow system — which in modern practice significantly accelerates the route. Where the permit is refused, the exit lies in administrative proceedings: the permit is an act of an administrative organ and is challenged under the general rules — with the one exception that the General Administrative Code does not apply to the commission's own activity, which demands particular precision in steering the application at the recommendation stage.
Frequently Asked Questions
Below we answer the most common questions about military-product export permits.
Who issues the military-product export permit?
The Ministry of Defence of Georgia — for military products defined by the control lists, as it does for import, transit, brokering and technical-assistance permits.
How long does the permit last?
For the period indicated in it; where none is indicated — twelve months from issuance.
When is the commission's recommendation required?
In the cases determined by the law, the application first goes to the commission and only after the recommendation to the issuer; an application filed in breach of that order is not even processed.
What does the permit holder owe?
Notification of changes, an internal control system, a permanently maintained information base, and facilitation of the issuer's control measures.
How We Help on Legal.ge
Obtaining a military-product export permit requires precise preparation of the documentation, observance of the recommendation sequence and proper administration of the permit conditions. On Legal.ge you can consult an experienced export-control lawyer who will assess your transaction and assist at every stage of the permit route. Fill in the request form on the site and receive qualified assistance.