CONTROL OF MILITARY PRODUCTS
Control of military products
What are military products?
Military products are defined by Annex 1 to the Resolution of the Government of Georgia (GOG) #394 “On Approval of Military and Dual Use Goods Lists”.
Types of Permits
For Military products
1) Export Permit;
2) Import Permit;
3) Transit Permit;
4) Brokerage service Permit;
5) Technical support Permit.
Body Authorized to Issue Permits:
Ministry of Defense of Georgia
A permit seeker must be direct implementer of the activity, subject to the permit and in case of transit it can also be transporter.
Stages for Receiving Permit:
Permits are issued on the basis of the recommendation which is obtained by the permit seeker through an application addressed to Standing Military-Technical Issues Commission of the Ministry of Defense of Georgia, whose authority, regulations and procedures for making decisions are defined by the Charter of the Commission.
Documents to be Presented for Obtaining 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;
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 documents 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 recommendation is made at the Commission session 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 stopped.
Recommendation is valid for 12 months beginning from the moment it comes into force.
A permit seeker applies to the permit issuer – Ministry of Defense – once the recommendation is made.
Documents to be submitted for obtaining permit
A permit seeker shall submit to the permit issuer the following documents in order to obtain the permit:
2) Public register extracts for Private Person of Legal Law and Sole Proprietor;
3) Original of the deal/document validating activity subject to permit or its certified copy;
4) Description of technical characteristics of goods;
5) Positive recommendation issued by Standing Military-Technical Issues Commission of the Ministry of Defense of Georgia;
6) Documents required to identify circumstances significant to the case, if requested by the permit issuer;
7) Respective license issued in line with Law of Georgia on Licenses and Permits for implementation of the activity subject to permit.
8) A document (bank receipt) confirming payment of permit fee.
Permit fee shall be paid on the basis of the cost of the deal:
a) From GEL 500 to GEL 10 mln – 0.5%;
b) From GEL 10 mln and up – 0.1% but no more than GEL 120,000.
The payment can be made at any bank to the following bank account:
Treasury code of the Ministry of Defense - 302 006 500.
Also, permit seeker submits to the permit issuer:
1. In case of Export:
a) Import permit issued by authorized body of importing country or its certified copy;
b) End User Certificate or its certified copy, except when the goods are returned to the sender in the exporting country;
2. In case of Transit:
a) A document confirming shipment authority assigned to the shipper or its certified copy;
b) Export and import permits issued by authorized bodies of exporting and importing countries, or their certified copies;
g) Final user certificate or its certified copy;
3. In case of technical assistance submits End User Certificate or its certified copy;
4. In case of brokerage service submits End User Certificate or its certified copy issued by importing country.
Permit is valid during the period defined in the permit. When no time period is indicated in the permit, it is considered that the permit is valid during 12 months from the moment it is issued.