Silent Consent and 30-Day Buyback: 2026 Defence Export Safeguards
Global Miltech Legal legal team
Experts in export control and defence law
Коротко
Cabinet of Ministers Resolution No. 875 (effective July 2026) streamlines Ukrainian defence exports by introducing a 'silent consent' mechanism, where transactions are deemed approved if agencies like the SBU or Ministry of Defence fail to respond within 10-20 days. Furthermore, if the state blocks a shipment due to internal needs, it is legally obligated to initiate a purchase contract within 30 days or the block expires, providing manufacturers with greater operational certainty.
Independent analysis of Cabinet of Ministers Resolution No. 875, which entered into force in July 2026, reveals two regulatory changes that deserve the attention of every defence manufacturer. These provisions provide businesses with unprecedented leverage in dealings with the state, though navigating the current implementation phase requires strategic legal precision.
The First Safeguard: 'Silent Consent'
Previously, applications could remain pending indefinitely; now, state inaction favors the exporter. The SBU and the Foreign Intelligence Service must provide an opinion regarding the importer within 15 days, while the Ministry of Defence has 20 days for goods and 10 days for technologies. If no response is received by the deadline, the transaction is considered automatically approved.
The Second Safeguard: Blocking Triggers Buyback Obligations
If the Ministry of Defence blocks a shipment citing front-line needs, the state is obligated to enter into a contract to purchase the batch within 30 days. If this requirement is not met, the block becomes void. This protects manufacturers from arbitrary refusals that previously carried no consequences for the state.
Current Market Realities: Navigating the 2026 Framework
- Elimination of separate permits for negotiations for manufacturers in the Ministry of Defence register, allowing direct engagement with foreign customers without a prior authorization stage.
- Clear delineation of agency roles: MFA for country 'white lists', Ministry of Defence for goods 'stop-lists', SSECU for registration and permits, and the SBU/Foreign Intelligence Service for purchaser vetting.
- The introduction of the 'Drone Deal' fast-track mechanism, allowing simplified export procedures to partner nations that have signed specific defence cooperation agreements with Ukraine.
As of late August 2026, the industry is transitioning into the practical application of these rules. While the framework provides a robust structure, industry feedback highlights that manufacturers must ensure their goods are formally codified by the Ministry of Defence to qualify for these simplified procedures. Global Miltech Legal emphasizes that the success of these mechanisms depends on meticulous documentation, as the state's failure to adhere to the 30-day buyback or 15-20 day consent timelines must be formally challenged to be enforced.
These provisions are effective only for those who manage them correctly: recording submission dates, documenting timeline progression, and responding legally to any blocks.
Leveraging New Rules for Your Advantage
Global Miltech Legal monitors state agency compliance with deadlines at every stage of your application and prepares robust legal positions in the event of a block, including formal demands for state buybacks. If your case has stalled, contact us for a free initial case assessment.
Часті питання
What happens if the Ministry of Defence fails to purchase a blocked shipment within 30 days?
Per Resolution No. 875, if the purchase contract is not concluded within the 30-day window, the basis for the export block is invalidated, allowing the manufacturer to proceed with the export.
Does 'silent consent' apply to all export applications?
It applies to the approval process involving the SBU, Foreign Intelligence Service, and Ministry of Defence within their specified 10-20 day review windows, provided the procedural requirements for submission—including goods codification—are strictly met.
Are foreign investors eligible for these protections?
These protections apply to entities registered in Ukraine. Foreign manufacturers or investors operating through local Ukrainian subsidiaries or joint ventures can leverage these rules to secure their export supply chains, provided they comply with the mandatory SSECU registration requirements.
How does the 'Drone Deal' impact export licensing?
The 'Drone Deal' mechanism, introduced in July 2026, offers a simplified export track for states with which Ukraine has signed dedicated defence cooperation agreements, potentially bypassing certain stages of the standard Interdepartmental Commission review.
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