Silent Consent in Defense Exports: 2026 Regulatory Analysis

With the adoption of Cabinet of Ministers Resolution No. 875, the Ukrainian defense-industrial complex has received a fundamentally new model of administrative interaction. A key innovation is the automation of processes, which minimizes the risks of bureaucratic stalling by capping the total wait time for authorization at 30 days. However, as of September 2026, the industry is still navigating the practical application of these rules, with manufacturers and legal experts calling for further adjustments to ensure the mechanism becomes fully operational.

The 'Silent Consent' Mechanism: Ending Indefinite Delays

Before July 2026, exporters frequently faced documentation stalls lasting months. Current regulations are strict: a 15-day deadline is set for the SBU and Foreign Intelligence Service, and 20 days for the Ministry of Defence for goods (10 days for technologies). If a conclusion is not issued, approval occurs automatically. This transition positions the state as a more efficient partner, though it places increased responsibility on the manufacturer for the accuracy of their evidentiary base and compliance with the 'Drone Deal' partner country list.

New Areas of Responsibility and Economic Conditions

Current Implementation Challenges

While the legal framework is in place, industry representatives have noted that the transition period has been complex. As of late August 2026, stakeholders reported that the mechanism is still being calibrated to balance state security needs with commercial viability. Consultations between the Ministry of Defence and industry associations are ongoing, with expectations that the government will introduce refinements to the procedure in September 2026 to address concerns regarding fee structures and the threshold for small-batch export trials.

The new regime marks a transition from a 'negotiation-based permit system' to a transparent compliance regime where delays in government responses benefit the business rather than hinder it.

Practical Conclusions for Manufacturers

A financial threshold has been introduced: for finished products, the export contract must be at least 15 million UAH. For components, there are no limitations on the contract value. It is vital to remember that intellectual property remains under state protection, and re-export is possible only with written consent from Ukraine. Documentation errors result in automatic rejection without the right to a 'second round' of approval within the same application.

The Global Miltech Legal team will help you adapt to these new regulations. Reach out for a free initial case assessment to ensure your export documentation meets the requirements of Resolution No. 875 and does not carry risks for future contracts.