Experts from an advisory center of the Ukrainian AgriCouncil (UAC) "Smart Country" with the support of the USAID Program on Agrarian and Rural Development - AGRO analyzed the possibilities of licensing the export of agricultural goods.

The issue of export licensing in 2022 is regulated by the Resolution of the Cabinet of Ministers of Ukraine of December 29, 2021 № 1424, which approved in particular:

• quotas for goods amount, the export of which is a subject for licensing, in accordance with Annex 1;
• the list of goods, the export of which is subject to licensing, in accordance with Annex 5.

The difference between these annexes is that Annex 1 limits the volume of goods export and after the exhaustion of amounts, issuing a license is stopped, while Annex 5 provides for the licensing of exports without limiting the volume of exports of relevant goods.

Thus, in accordance with Annex 5 to this resolution, the export of the following agricultural goods is subject to licensing (without limiting of their export volume):

• Wheat and a mixture of wheat and rye (meslin);
• Meat of domestic chickens;
• Eggs of domestic chickens;
• Cattle;
• Bovine meat, frozen;
• Meat and meat offal, salted or in brine, dried or smoked; flower of meat or meat offal, cattle meat;
• Millet;
• Sugar.

In addition, according to Annex 1 to this resolution by establishing a zero quota for the export of rye, oats and buckwheat, salt (in fact, exports are prohibited).

There are currently no other restrictions on agricultural products export.

Issuance of licenses for goods export

The procedure for obtaining a license for goods export is regulated by the Regulations on the procedure for licensing of goods export, which was approved by the Order of the Ministry of Economy of September 9, 2009 №991 (hereinafter - the Regulations)

To obtain a license, the applicant (a subject of foreign economic activity) submits to the Ministry of Economy in electronic form (on the Unified State Web Portal of electronic services or e-mail: meconomy@me.gov.ua) in accordance with Paragraph 2 of the Regulation, the following documents are submitted:

1. Application for the issuance of an export license in the form approved by the order of the Ministry of Economy dated of September 9, 2009 №991;
2. Letter of application for a license with a guarantee of payment of the state fee for its registration. It should be noted that the Government of Ukraine has established that until the termination or abolition of martial law in Ukraine, the fee for issuing a license to export (import) goods is not implemented (Resolution of the Cabinet of Ministers of March 10, 2022 №241);
3. A copy of the foreign trade agreement (contract), all its annexes and specifications, certified in the manner prescribed by the law;
4. Expert conclusion (the original document) with the definition of the country of origin and product code in accordance with Ukrainian Classification of Goods of Foreign Economic Activity (UCGFEA), issued by the Chamber of Commerce and Industry or the Regional Chamber of Commerce and Industry of Ukraine;
5. Other documents, the requirements for the submission of which are established by the legislation of Ukraine.

The application form and instructions for filling it out can be viewed at: https://zakon.rada.gov.ua/laws/show/z0939-09#Text

The decision to refuse to issue a license may be made in the case of:

1. Inconsistencies of the submitted documents with the legislation of Ukraine;
2. Exhaustion of the established quota for the relevant goods;
3. Application of a special sanction to the subject of foreign economic activity or its foreign counterparty in the form of temporary suspension of foreign economic activity in accordance with Article 37 of the Law of Ukraine "On Foreign Economic Activity";
4. Actions of the subject of foreign economic activity that lead to the violation of Ukraine's international obligations;
5. If the subject of foreign economic activity carries out its activities under conditions that may lead to the adoption by the competent authorities of the importing country of anti-dumping and other protective measures against exports of products originating in Ukraine;
6. Violation by the subject of foreign economic activity of Ukraine or its foreign counterparty of the legislation of Ukraine in the field of foreign economic activity.