Starting from July 1, Ukraine opens controlled arms exports: how the new mechanism will work
From now on, Ukrainian defense enterprises are getting a legal pathway to enter international markets even during martial law. According to Government Resolution No. 875, the state is launching a special format of agreements ("Drone Deal"), which allows selling military technologies and dual-use goods abroad, while maintaining the absolute priority of supplying the national Defense Forces.
Key conditions:
International transfers are available exclusively for companies that have passed official registration with the State Export Control Service.
- Supplies are not permitted just anywhere, but only to pre-approved partner states with which bilateral cooperation documents have been signed.
Ukraine has officially opened a new page in the development of the military-industrial complex. Defence City is moment X for the Ukrainian Tech sector. This is a special legal and tax regime, which offers manufacturers of weapons and military technologies conditions that did not exist before on the global market. This is not just another initiative, but rather a strategic "virtual zone" (by analogy with the successful Diia.City) that will operate until 2036 or until the moment of joining the EU.
Mashchenko and Partners assisted the Client - a Ukrainian cargo owner importer of South African wine to obtain compensation from the Danish carrier - Maersk A/S for the cost of damaged/lost cargo of beverages, which was transported from the port of Cape Town to the port of Gdansk.
The incident occurred on August 07, 2024. During cargo operations in the port of Rotterdam, several containers were damaged, including those with wine belonging to the Client.
The case was complicated by the lack of cargo insurance, the limitation of the liability of the forwarder and carrier in accordance with the terms of contracts and international maritime law, and the expiration of the term for applying to court to recover compensation from the carrier.
We considered and evaluated options for recovering compensation for cargo damage from a Ukrainian forwarder, a Danish shipping carrier and a stevedoring company in Rotterdam.
Mashchenko & Partners together with colleagues from Rosling King LLP successfully completed the case in London arbitration in a dispute between the shipowner and the charterer.
The shipowner demanded compensation from the charterer for the time the vessel was waiting in the Turkish Straits for an inspection by the Joint Coordination Center, which worked within the framework of the Grain Initiative in 2023, the participants of which were Ukraine, russia, Turkey, under the auspices of the UN.
The vessel stood for almost a month waiting for the inspection, which never took place due to sabotage by representatives of the russian federation, who were part of the inspection teams, then the russian federation withdrew from the agreement and began missile attacks on Ukrainian Black Sea ports participating in the Initiative (Odesa, Chornomorsk and Pivdenny). As a result of the attacks, our Client’s grain cargo, for the transportation of which the vessel was chartered, was also damaged. The charterer was forced to abandon the carriage.