Defense cargo

In logistics the term covers two groups of goods. Military goods include weapons, ammunition, military vehicles and their components, as well as materials, equipment and technology specially designed for military use. Dual-use goods have a civilian purpose but can be used for military ends or to make weapons of mass destruction: certain chemicals, electronics, optics and thermal imaging devices, engines, materials, software.

Whether an item is controlled depends not on its name but on control lists. Ukraine’s national lists and the EU lists are based on the lists of the Wassenaar Arrangement, in which Ukraine participates. In the EU, military goods are described by the EU Common Military List and dual-use goods by Annex I to Regulation (EU) 2021/821. The same item, such as a thermal imaging module, a drone or a composite material, may be an ordinary product or a controlled one depending on its technical parameters. The final answer comes from identifying the item against the control lists.

For transport, a second question matters: is the cargo dangerous under the transport rules? Ammunition, pyrotechnics, charges and rocket motors belong to class 1 (explosive substances and articles). Vehicles, optics, communications equipment or spare parts may be subject to export control without being dangerous. In that case ordinary transport rules apply together with the full export control regime.

Defense logistics cannot be planned until it is clear which licences are in hand and which are missing. Licences are issued to the entity making the transfer, that is, the exporter or importer. The forwarder works within their terms and cannot change the route, consignee or quantity on its own. To start, the following is needed:

• Licence or opinion of the State Service of Export Control for the specific transfer, listing the goods, quantity and parties.
• International import certificate issued by the competent authority of the importing state.
• End-user certificate or end-user undertakings: who will use the goods, where and for what, with a commitment not to transfer or re-export them without consent.
• Foreign trade contract, invoice and packing list with a description that matches the licence word for word.
• Transit licences already obtained, or a list of countries where they still have to be applied for.
• Class 1 data: UN number, classification code (division and compatibility group), net explosive mass, packaging type and marks, the competent authority’s classification document.
• Dimensions, weight, number of packages and any temperature, humidity and stowage requirements.
• Authorised persons at the shipper and consignee and the receiving conditions at the destination site.

After delivery, the importer issues a delivery verification certificate, which the exporter submits to the State Service of Export Control. Until then the transfer is not considered complete.

When the route crosses the EU, EU law and the national rules of each member state apply at the same time. The key acts are:

• Regulation (EU) 2021/821 governs dual-use items: it sets the control list and the conditions for export authorisations, and allows member states to prohibit the transit of non-EU dual-use items that are or may be intended for prohibited uses (Article 7).
• Council Common Position 2008/944/CFSP sets eight criteria against which member states assess licence applications for military goods. It also applies to applications for transit and brokering.
• The EU Common Military List defines which goods count as military and underlies member states’ national lists.
• Directive 2009/43/EC simplifies transfers of defense products between member states: no separate licence is needed for passage through other member states. Imports from a third country, Ukraine included, and the transit of such cargo are governed by each state’s national law.

The practical conclusion is simple: a route from Ukraine through the EU to a third country needs Ukrainian documents, licences from every member state the cargo crosses and the documents of the destination country. EU membership does not replace a state’s national licence.

By air, explosives travel under the ICAO Technical Instructions and the IATA DGR, and the limits here are the tightest. Passenger aircraft may carry only Division 1.4S. Cargo aircraft may also carry 1.3C, 1.3G, 1.4B, 1.4C, 1.4D, 1.4E and 1.4G. All other explosives are forbidden by air unless the states concerned grant an exemption. In addition, Article 35 of the Chicago Convention requires a state’s permission to carry munitions or implements of war over its territory. Air transport of such cargo therefore often means a charter flight with separate permissions from the states of departure, overflight and destination.

By sea, class 1 cargo travels under the International Maritime Dangerous Goods (IMDG) Code. Ports may have their own rules for explosives: dedicated berths, limits on quantity and time in port, direct transshipment requirements. By rail, cargo moves under RID (Appendix C to COTIF) in the EU and under Annex 2 to SMGS on the 1520 mm network. At the break of gauge between 1520 and 1435 mm, the cargo is transshipped or the bogies are changed, and that point is also planned with the explosives rules in mind.

A defense shipment has licensing, transport and customs parts that depend on each other. ETIKO coordinates them in this order:

1. Signing the mutual non-disclosure agreement.
2. Receiving from the customer the cargo description, its ADR classification and the list of licences in hand.
3. Route analysis: transit countries, their requirements, possible modes, class 1 restrictions.
4. A list of licences and approvals for each country and a schedule for obtaining them.
5. Choosing the carrier and checking its documents: EX/II or EX/III approvals, driver training, security plan.
6. Preparing transport and customs documents whose data match the licences.
7. Loading with a compatibility check, securing, marking and sealing.
8. Movement on the agreed route with control of timing and parking places, customs clearance at the borders.
9. Handover to the consignee and collection of the documents for delivery verification.