The Special Regime for Dual-Use Cargo Export
Dual-use products — products, including software and technology, that can be used for both civil and military purposes — form a separate universe of control, and three features distinguish a dual-use cargo file from a military-product file: a different issuing organ, a catch-all obligation that operates beyond the control lists, and a special regime for star-marked positions. Under the law, permits for dual-use products are issued by the public-law legal entity, the Revenue Service, from the sphere of governance of the Ministry of Finance of Georgia: export, import, transit, brokering and technical-assistance permits. A difference should be noted as well: the general export authorisations and statute-consolidated control lists familiar from European instincts do not exist in the Georgian system — the lists live in a government decree, and the catch-all obligation is built on the issuer's notification, not on the exporter's self-assessment alone.
The Issuing Organ and the Star Regime
The permits issued by the Revenue Service are, in addition, granted on the basis of a recommendation of the Ministry of Defence's permanent Military-Technical Commission in two situations: where the dual-use product is marked in the control list with one or two stars, and in the special cases determined by the law — including the case where the export of products not included in the list requires a permit by the issuer's notification. The stars are an instrument of internal tension within the list: they determine which positions require the commission's recommendation and thereby change the route of the application. The same logic governs the transit contour: the transit of military products defined by the control list takes place on the basis of a permit, and the transit of dual-use products marked with one or two stars also requires a permit — which means that even cargo merely passing through Georgian territory may fall under the Georgian permit regime.
The Catch-All Obligation Beyond the Lists
The most technically delicate norm is the one that reaches beyond the lists: the export of dual-use products not provided for by the control list also requires a permit where the issuer has informed the exporter, on the basis of a reasonable supposition, that the products may be used for purposes connected with weapons of mass destruction — the development or production of biological or chemical weapons, nuclear weapons or other explosive devices containing nuclear material — or for military purposes, where an arms embargo has been established by a resolution of the UN Security Council, by international obligations or unilaterally; and equally where this is known to the exporter or the exporter has a reasonable supposition of it. The definition of military end-use is concrete as well: incorporation or installation into military products; the use of industrial, testing or analytical equipment and components for the development, production or technical servicing of military products; and the use of any semi-finished or unfinished products for the production of military products. Finally, the concept of export covers electronic formats too: the electronic transmission of controlled software or technology, including making it electronically available, and its supply by telephone or orally even to a non-resident within Georgia, is export.
How a Dual-Use Cargo File Is Assembled
In practice, a cargo file is assembled from three principal blocks. The first is classification: the product must be tied to a specific position of the control list — and it is there that the stars decide the question of the commission's recommendation; a wrong choice of position derails the whole route. The second is end-use control: the end-user certificate — the document confirming the purpose of final consumption and the consumer of the product — is the central instrument of this block, and its proper form directly shapes the issuing organ's decision. The third is control of form: every channel of transmission — physical cargo, electronic transmission, making available, oral supply — falls within the concept of export, which is why the modern formats of technology transfer begin long before the customs terminal. Steering these three blocks at once is precisely the task performed by the exporter's service and its lawyer.
Frequently Asked Questions
Below we answer the most common questions about dual-use export.
Who issues dual-use product permits?
The Revenue Service — from the Ministry of Finance system, in the form of export, import, transit, brokering and technical-assistance permits.
When does the commission's recommendation attach?
Where the position in the list is marked with one or two stars, and in the cases determined by the law — including on the basis of a notification.
Do products outside the list still need a permit?
Yes — upon the issuer's notification, the exporter's knowledge or a reasonable supposition, in the track of mass-destruction or military purposes.
Is electronic transmission export?
Yes — the electronic transmission of controlled software or technology and making it available, including supply orally or by telephone, is deemed export.
How We Help on Legal.ge
A dual-use cargo file requires simultaneous control of the lists, the stars and the catch-all obligation, and precise preparation of documentation. On Legal.ge you can consult an experienced export-control lawyer who will assess your cargo and assist at every stage of the permit. Fill in the request form on the site and receive qualified assistance.