The Two Circuits of Defence Technology Licensing
Licensing connected with military technology in Georgia unfolds into two different circuits, and failing to distinguish them is the most common planning error. The first circuit concerns the production side: the Law on Licences and Permits includes, in its list of activity licences, the general licences for the manufacture of military products, for their repair — including modernisation and on-site servicing — and for trade in military products, together with the licence for brokering services on military products. The second circuit concerns movement: permits for the export, import and transit of military products are issued under a separate law and by other organs. It should be noted that no registration system for manufacturers analogous to the United States export-control register exists in the Georgian system beyond this licence: what exists here is a general licence and a permit — two statutes and two issuing organs.
The General Licences and the Issuing Organ
The manufacture, production and repair of military products and trade in them are carried out by a legal person or an individual entrepreneur holding the right to conduct that activity, on the basis of the corresponding general licence. The general licences are issued by the Ministry of Defence of Georgia on the basis of a recommendation of its permanent Military-Technical Commission; the brokering licence is likewise issued by the Ministry of Defence, and its seeker and holder can only be a resident as defined by the Tax Code. Alongside the general documentation, the seeker must submit: data on registration in the register of entrepreneurs and non-commercial legal persons; a list of the persons in direct contact with the activity — with name, surname, date of birth, profession, place of work, identity-card number and residence, with certificates on criminal record, conviction for the defined offences, absence on the narcotics register and mental condition; a list of the buildings and structures, with addresses, in which the activity is to be carried out; a document confirming compliance with fire-safety norms, issued by the relevant units of the Emergency Management Service; a document confirming conformity with the technical safety norms of the building; a document confirming proper protection and security of the building; and, finally, the recommendation of the permanent commission. The list of documents to be submitted to the commission, its decision-making procedures and the criteria it applies are determined by a decree of the Government of Georgia.
Change of Licensing Conditions and Revocation
A special rule governs a change in licensing conditions: holders of these licences must ensure compliance with the changed conditions not later than one year from the change, and submit to the issuer written confirmation documentation not later than five calendar days after the expiry of that period. Breach of the rule has a severe consequence: where the documentation is not submitted in the prescribed manner, the issuer declares the licence void within seven calendar days; where documentation is submitted, it is examined within thirty calendar days, and the issuer takes a written decision either on conformity or on declaring the licence void. That decision is taken under the simplified administrative proceedings established by the General Administrative Code of Georgia — which means the procedural protection is lean, and control of the deadlines is decisive for keeping the licence alive.
The Strategy of a Well-Prepared Application
Preparing an application in this field takes more effort than most licensing, because the list includes not merely formal registration data but personnel certificates and infrastructure documents. The personnel list requires the details of every person in direct contact with the activity, including profession and place of work, with certificates on criminal record, conviction for the defined offences, absence on the narcotics register and mental condition — and obtaining those certificates takes time, which must be planned into the application schedule in advance. The infrastructure part rests on three independent documents: fire safety, issued by the relevant units of the Emergency Management Service; technical safety, whose norms and the competent issuer of the confirming document are determined by a separate technical regulation; and the protection of the facility. Beyond these, the decisive element is the commission's recommendation: the list of documents for the commission, its procedures and its criteria are determined by a government decree, and submitting the application before the recommendation has been obtained defeats the purpose — an application filed in breach of that order is sent straight to the commission for consideration.
Frequently Asked Questions
Below we answer the most common questions about defence technology licensing.
Who issues the general licences for military products?
The Ministry of Defence of Georgia, on the basis of a recommendation of the permanent Military-Technical Commission; the brokering licence is issued by the same ministry.
Who may seek the licence?
For the manufacture and trade general licences — a legal person or an individual entrepreneur; for the brokering licence — only a resident as defined by the Tax Code.
How much time is allowed to conform to changed conditions?
Not later than one year from the change; the confirmation documentation is submitted within five calendar days of the period's expiry, failing which the licence is declared void within seven calendar days.
What documents accompany the application?
Registry data, a personnel list with certificates, a list of buildings, fire and technical safety documents, a protection document, and the commission's recommendation.
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