CONTROL OF DUAL-USE GOODS

Control of dual-use goods

 

WHAT IS DUAL USE GOOD ?

Goods (including software and/or technology), which can be used for civilian as well as military purposes and may be used for production of biological and/or chemical weapons, nuclear weapons or for production of explosive devices containing nuclear materials and for non-explosive purposes as well.

The list of dual use goods is defined by Annex 2 to the Resolution of the Government of Georgia (GOG) #394 “On Approval of Military and Dual Use Goods Lists”.

Dual use goods are controlled by abovementioned list with consideration Georgia’s national security interests and for strengthening regimes of non-proliferation of weapons of mass destruction (WMD) in compliance with international agreements and treaties.

Types of permits:

For Dual use Items

1)      export permit;

2)      import permit;

3)      transit permit;

4)      brokerage service permit;

5)      technical support permit.

Body authorized to issue permits:

Revenue Service, Legal Entity of Public Law (LEPL) under the Ministry of Finance of Georgia.

Permit seeker:

A permit seeker must be direct implementer of the activity subject to the permit and in case of transit it can also be transporter.

The above mentioned permits are issued on the basis of the recommendations of Standing Military-Technical Issues Commission of the Ministry of Defense of Georgia:

a) When the dual use good is marked with one (*) and/or two (**);

b) In cases stipulated by article 4, sub-article 2 of article 7 and sub-article 1 of article 8 of the law of Georgia on Control of Military Equipment and Dual-Use Goods.


Documents to be presented for issuing recommendation

An applicant must submit application to the Commission in order to receive the recommendation.

The application should be in written form, in state language and must contain the following:

a)      Name of the Commission;

b)      Name or title of the applicant, private or ID number and address;

c)      Request;

d)     Name and volume/quantity of good;

e)      Signature of the applicant;

f)       List of the documents enclosed with the application, if any.

Documents validating information referred in the application must be attached to the application, including permitting activity related documents, which applicant must submit as endorsed copies and must submit originals with certified translation if requested by the Commission/Secretary of Commission.

An applicant is authorized to submit to the Commission any document/information that applicant feels contains additional information needed for the Commission to make a decision/ recommendation.

The Commission/Secretary of Commission is authorized to request applicant additional document or information required for making a decision/recommendation.


Rule for issuing recommendation

Secretary of the Commission checks compliance of the application and other documents with the requirements set by the charter of the Commission within 5 working days.

The Commission/Secretary of Commission is authorized to give from 7 to 30 days to applicant for translation of the submitted application/document as well as for submission of additional documents/information.

Failure to meet the deadline means refusal to the review of application.

Application review time is considered stopped on expiration of the above time given or upon receipt of the required document/information by the Ministry before the deadline.

The Commission makes decision/recommendation at the session of Commission or through inquiry of the Commission members.

The Commission recommendation shall be considered adopted if supported by majority of the Commission members attending the session.

Time period for making the Commission recommendation is defined by decision of the Commission. The period for making the recommendation shall not exceed 9 months. This time period excludes time when review process is suspended.

Recommendation is valid for 12 months beginning from the moment it is in force.


Permit

A permit seeker applies to the permit issuer – Revenue Service, LEPL under the Ministry of Finance – once the recommendation is made.