Obligations of Strategic Traders
Law No. 04-L-198 for the Trade of Strategic Goods establishes specific obligations for persons that are subject to the law. These may include registration as a strategic trader and applying to the Ministry of Trade and Industry for a license.
The law also requires persons engaging in controlled activities involving strategic goods to maintain the following documentation for at least thirty (30) years after the finalization of a transaction:
- Technical description of the items that enables classification on the National Control Lists
- Quantity of the goods
- Full name and address of the exporter, importer, transit person, transshipment person, re-exporter, re-transferor, or provider of related services
- Full name and address of the seller, recipient, and end-user of the goods
- Description of related services and full name and address of receivers and other parties to the services
- Any business correspondence, e-mails, and audio-video recordings related to exports, imports, transits, transshipments, extra-territorial re-exports and re-transfers, and the provision of related services involving strategic goods
- Orders, bills, contracts, ordering notes, delivery notes, embarkation lists, and other documentation related to exports, imports, transits, transshipments, extra-territorial re-exports and re-transfers, and provision of related services involving strategic goods
- Any other documentation required by the Ministry of Trade and Industry
Additionally, the law establishes the following obligations:
- Provide required documentation to the Ministry of Trade and Industry or any other supervisory body, upon request.
- Comply with license conditions, and inform the Ministry of Trade and Industry of any changes in the terms under which the license was issued.
- Inform the Ministry of any change in the end-user or another party to a licensed transaction, within 10 days of the change.
- Inform the Ministry of a finalized export, import, transit, transshipment, extra-territorial re-export or re-transfer, or provision of related services, within 7 days of the finalization of the transaction, and submit the documentation based on which it was finalized.
- Obtain confirmation of delivery and receipt of licensed goods, if the Ministry of Trade and Industry requests it.
- Make clear in commercial documents for domestic transfers of controlled goods manufactured in Kosovo that the items are subject to a license if they are to be exported from Kosovo.
- Return a used license to the Ministry of Trade and Industry within seven (7) days of the finalization of the transaction.
- Return an unused license to the Ministry within seven (7) days of the expiration of the license.
- Respect any other terms, obligations, or commitments that are part of licenses issued by the Ministry under the Law for the Trade of Strategic Goods.
Internal Compliance Programs
The Ministry of Trade and Industry may require applicants for global licenses and users of general licenses to establish a mandatory internal compliance program (ICP).
Other traders of military and/or dual-use goods should consider establishing an ICP as well, in order to assist the trader in meeting the relevant obligations under the Law for the Trade of Strategic Goods.
In cases in which the Ministry mandates establishment of an ICP, a person must apply to the Department for Control of Trade in Strategic Goods (STGD) for ICP certification. The STGD will consider the following factors when determining whether to certify the ICP:
- The number of employees of the applicant, the volume of trade, the nature of transactions, the profile of consignees, and the declared end-use of strategic goods and related services;
- Proven experience in handling and managing trade in strategic goods and related services;
- The record of compliance with strategic trade controls;
- Any relevant court decisions;
- Any licenses to produce or commercialize strategic goods and/or related services;
- Experienced management staff;
- The appointment of a senior legal executive as the dedicated officer responsible for control over strategic goods and related services;
- A written commitment by the applicant, signed by the appointed senior legal executive, to take all necessary steps to observe and enforce all specific conditions related to the end-use and strategic trade controls of any specific component or product received or exported;
- A written commitment by the applicant, signed by the appointed senior legal executive, to provide to the Ministry detailed information on actions taken concerning the applicant’s procedures for performing background checks of end-users and verifying the legality of the end-use of all strategic goods to be exported, imported, transited, transshipped, extra-territorially re-exported or re-transferred, or in respect of which related services are to be provided; and
- Conformity of the ICP implemented by the applicant with any guidelines established by the Ministry.
The STGD, in cooperation with the Commission, will assist legal and natural persons in the development of ICPs and provide them with information and guidance.
The STGD and members of the Commission can choose to audit an ICP. If an audit finds that an ICP does not satisfy the certification criteria or guidelines established by the Ministry, then the STGD can take appropriate measures, including suspending or revoking a global license or the use of general licenses.
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Individual or Global: |
If the application is for an export license, indicate whether the application is for an individual or global license. Note: Global licenses are not available for imports, transit, transshipment, brokering, or extra-territorial re-exports or re-transfers. |
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Applicant: |
State the applicant’s complete name and address, including ZIP code, telephone, fax, e-mail, webpage, reg. no./identification code, and the tax identification number (PIB). State the complete telephone number, including the area code. |
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Contact person: |
Identify the individual familiar with the transaction who can respond to questions from the Ministry of Trade and Industry staff or from other government agencies. The individual should be prepared to answer procedural and/or technical questions. You may identify more than one individual and provide their areas of expertise (e.g., John Doe – technical, Andrew Heart – regulatory/process). Please do not identify an individual who is not familiar with the transaction and thus unable to respond. State the complete telephone number, including the area code. |
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Type of transaction: |
Please indicate the type of trade transaction for which you are applying for a license. |
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Consignee: |
Enter the complete name and address of the consignee, including contact details such as telephone, fax, e-mail, and webpage. Do not use post office boxes or other general or imprecise addresses. Please also insert here information about intermediate importers, consignees, or recipients, if different from the end user. An example would be a purchaser who will receive the shipment for storage, modification, or incorporation into another end-item and subsequent forwarding to the end-user. The foreign purchaser may also be in a country other than the foreign end-user. |
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End user (if different from consignee): |
Enter the complete name and address, including contact details such as telephone, fax, e-mail and webpage of the end user. The Ministry will not accept post office boxes or other general or imprecise addresses without a letter of explanation/justification. The end user is the entity that will take final possession of the commodity, regardless of purchaser and intermediate consignee. Do not indicate in this box the intermediate consignee/importer (e.g., the person who will receive the goods for onward movement to the foreign purchaser or foreign end-user, testing, etc.) who may or may not be in the same country as the purchaser or end-user. Note: Incomplete, imprecise addresses or use of post office boxes may result in your application being returned without action. |
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Third parties involved, e.g. brokers (if applicable): |
Applicants must identify all third parties involved in the proposed transaction. Ensure that the application provides adequate details regarding the transaction and all the parties involved, paying particular attention to clarification of their roles, such as freight forwarders, agents or representatives, and brokers. |
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Country of origin: |
Insert the ISO 3166 country code representing the country of origin of exported items. In case of importation, please indicate the exporting country. In case of transit, please indicate the country of exportation. The country code is represented as a two-letter code (alpha-2) which is the general purpose code. For example: Macedonia – MK; United Kingdom – GB; Germany – DE; United States – US. You can search for a correct code here: |
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Country of consignment: |
Insert the ISO 3166 country code representing the consignment country. It is very important to indicate if the consignment country is not the final, but intermediary recipient of shipped items. See above for where to find correct country codes. |
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Country of final destination: |
Insert the ISO 3166 country code representing the country where the item will ultimately be sold/located. See above for where to find correct country codes. |
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Description of the items: |
List each item, including in the description the product name and the manufacturer, if appropriate. Also include the part/model number, all the specific details of any modification, and any other details (Serial No., Chemical Abstracts Service (CAS) Registry Numbers, if appropriate) that would assist in clarification/identification of the items (e.g., part number 1162-02 – trigger rubber gasket; AN/XXX-1 communications system; Methyl Phosphonyldifluoride (CAS 676-99-3)). Note: CAS Registry Numbers are universally used to provide a unique, unmistakable identifier for chemical substances. A CAS Registry Number itself has no inherent chemical significance but provides an unambiguous way to identify a chemical substance or molecular structure when there are many possible systematic, generic, proprietary, or trivial names. In case of software or technology transfer: identify the software or technical data to be transferred, the end item or system to which it relates, and the type of data contained in the documentation (e.g., drawings, schematics, blue prints, briefings, proposals, etc.). If you are exporting a specific document or proposal, state the exact title of the document to be exported. In case of encryption, provide a brief technical description, including the basic purpose of the item and the type of encryption used in the product or technology (e.g., 128-bit RC4 for secure e-mail, 2048 RSA for key exchange). Please do not type “See letter of explanation” or “See brochure.” Note: The information identified in this block is entered directly into the Department computer system and will be printed on the license form. A brief technical description is essential. Note: Lack of detail and incomplete or misleading descriptions can result in unnecessary delays in processing your application. Ensure that the goods description matches those on the End Use Certificate. Failure to check this will mean your application will be returned to you, which could significantly delay processing times Use the same description in any export documentation, so that the Department and Customs can link any license with the shipping documentation and, if necessary, the containers themselves. |
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Harmonized System or Combined Nomenclature Code (if applicable 8 digit; CAS number if available): |
Insert the eight (8) digit Harmonized System customs code for each item. Note: The Harmonized System customs codes are considered to be an aid for interpreting the scope of controls, but do not determine the control status of an item. |
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Control list no (for listed items): |
Insert the National Control List number. Example: ML1.a. for sub-machine guns or 2B004 for hot isostatic press. In case of software or technology transfers, the control list number of the software or technology should be identified, as well as the hardware to which it relates. Example: ML22.a., as it relates to production of ML1.a. (this means technology classified as ML22.a for the production of “widgets” classified under ML1.a.) Please note: The applicant must make the attempt to classify the commodity in accordance with the National Control List. The final classification is determined by the Department. |
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Currency and value: |
Enter the currency and value of the proposed transaction in accordance with the purchase order or contract. A value must always be stated even if the goods are being provided to the customer at no charge. The value of hardware should reflect the selling price for each line item without supplementary costs such as packing and freight. Value for technical data cannot be identified as 0 EUR but rather should reflect reproduction, processing costs, and/or contract cost. |
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Quantity of the items: |
State the quantity (e.g., number/amount) of each end item, major component, and system (e.g., 100 pcs, 2000 kg, 500 l etc.). |
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Contract date (if applicable): |
If this application is in reference to a contract, please provide the date of the contract. |
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Customs procedure: |
Indicate the relevant customs procedure for the proposed transaction (such as export, re-export, temporary export, import, temporary import, or transit). |
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Approximate timeframe of proposed activities: |
Provide an estimation of timeframe during which the items are being proposed to be exported, imported or transited. In case the contract identifies performance deadlines, please indicate those. |
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End use description: |
Provide a concise account of the specific purpose of the requested export. Simply stating, "for use in production of military aircraft,” “for resale,” or “for research purposes” is inadequate. Explain the nature of the research. Provide information about the appropriateness of the item for the end-use. Information provided in this block is important in determining the outcome of your application, both in the length of time needed for assessment and the determination to be made. Examples are: – "For production of the AN/APR-100 radar in accordance with agreement AF 123-99;” or – “The radar will be used in Civil Aircraft Traffic Controllers by the Govt. of Spain.” The applicant must seek written confirmation from the foreign purchaser before applying for a license. An end-use certificate must be attached to the application. |
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Questions concerning end use: |
Please respond to each of the questions by marking the appropriate answer. If your answer to any of the questions is Yes, please provide additional information. |
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Applicant’s signature |
Enter the name and the title of the individual who will sign the license application form. Note: The individual whose name is typed in this field must be empowered to sign the application on behalf of the entity. |
How to Fill in a License Application for Provision of Related Services
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Service provider: |
State the applicant’s complete name and address, including ZIP code, telephone, fax, e-mail, webpage, reg. no./identification code, and the tax identification number (PIB). State the complete telephone number, including the area code. |
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Contact person: |
Identify the individual familiar with the transaction who can respond to questions from the Ministry of Trade and Industry staff or from other government agencies. The individual should be prepared to answer procedural and/or technical questions. You may identify more than one individual and provide their areas of expertise (e.g., John Doe – technical, Andrew Heart – regulatory/process). Please do not identify an individual who is not familiar with the transaction and thus unable to respond. State the complete telephone number, including the area code. |
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Exporter in originating foreign country: |
Enter the complete name and address of the exporter in the originating foreign country, including contact details such as telephone, address, fax, e-mail, and webpage. Do not use post office boxes or other general or imprecise addresses. Note: Incomplete, imprecise addresses or use of post office boxes may result in your application not being processed. |
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Consignee in foreign country of destination: |
Enter the complete name and address of the consignee in the foreign country of destination, including contact details such as telephone, fax, e-mail, and webpage. Do not use post office boxes or other general or imprecise addresses. Please also insert here information about any intermediate importers, consignees, or recipients, if different from the end user (i.e., the purchaser who will receive the shipment for storage, modification, or incorporation into another end item and for subsequent forwarding to the end user. The foreign purchaser may also be in a country other than the foreign end user. |
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Service recipient/End user (if different from consignee): |
Enter the complete name and address, including contact details such as telephone, fax, e-mail and webpage of the end user. The Ministry will not accept post office boxes or other general or imprecise addresses without a letter of explanation/justification. The end user is the entity that will take final possession of the commodity, regardless of purchaser and intermediate consignee. Do not indicate in this box the intermediate consignee/importer (e.g., the person who will receive the goods for onward movement to the foreign purchaser or foreign end-user, testing, etc.) who may or may not be in the same country as the purchaser or end-user. Note: Incomplete, imprecise addresses or use of post office boxes may result in your application being returned without action. |
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Third parties involved, e.g. agents (if applicable): |
Applicants must identify all third parties involved in the proposed transaction. Ensure that the application provides adequate details regarding the transaction and all the parties involved, paying particular attention to clarification of their roles, such as freight forwarders, agents or representatives, and brokers. |
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Country where the service is provided: |
Insert the ISO 3166 country code representing the country where the service is provided. In case of importation, please indicate the exporting country. In case of transit, please indicate the country of exportation. The country code is represented as a two-letter code (alpha-2) which is the general purpose code. For example: Macedonia – MK; United Kingdom – GB; Germany – DE; United States – US. You can search for a correct code here: |
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Originating foreign country/foreign country of location of the items that are the subject of services: |
Insert the ISO 3166 country code representing the foreign country from which the items subject to services originate or where the items are located prior to transfer/export. See above for where to find correct country codes. |
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Foreign country which receives (benefit from) the services: |
Insert the ISO 3166 country code representing the foreign country which receives the items or benefits from technical assistance. See above for where to find correct country codes. |
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Currency and value of the service: |
Enter the currency and value of the proposed service in accordance with the purchase order or contract. A value must always be stated even if the services are being provided to the beneficiaries at no charge. |
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Contract date (if applicable): |
Please provide the date of the contract, if this application is in reference to a contract. |
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Approximate timeframe of service activities: |
Provide an estimation of the timeframe during which the proposed services are to be provided. In case the contract identifies performance deadlines, please indicate those. |
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Service type – technical assistance, financing, transportation: |
Indicate the service type. |
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Description of the service (technical details of the service activity): |
Provide technical details of the service activity. A description of technical assistance should detail any technical assistance related to repairs, development, manufacturing, assembly, testing, maintenance, or other technical service, including in forms such as instruction, training, transmission of working knowledge or skills, or consulting services. |
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End use description of the service: |
The military or dual-use items in relation which the services are provided and the specific end use of the items |
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Description of the items subject to services: |
List each item, including in the description the product name and the manufacturer, if appropriate. Also include the part/model number, all the specific details of any modification, and any other details (Serial No., Chemical Abstracts Service (CAS) Registry Numbers, if appropriate) that would assist in clarification/identification of the items (e.g., part number 1162-02 – trigger rubber gasket; AN/XXX-1 communications system; Methyl Phosphonyldifluoride (CAS 676-99-3)). Note: CAS Registry Numbers are universally used to provide a unique, unmistakable identifier for chemical substances. A CAS Registry Number itself has no inherent chemical significance but provides an unambiguous way to identify a chemical substance or molecular structure when there are many possible systematic, generic, proprietary, or trivial names. In case of software or technology transfer: identify the software or technical data to be transferred, the end item or system to which it relates, and the type of data contained in the documentation (e.g., drawings, schematics, blue prints, briefings, proposals, etc.). If you are exporting a specific document or proposal, state the exact title of the document to be exported. In case of encryption, provide a brief technical description, including the basic purpose of the item and the type of encryption used in the product or technology (e.g., 128-bit RC4 for secure e-mail, 2048 RSA for key exchange). Please do not type “See letter of explanation” or “See brochure.” Note: The information identified in this block is entered directly into the Department computer system and will be printed on the license form. A brief technical description is essential. Note: Lack of detail and incomplete or misleading descriptions can result in unnecessary delays in processing your application. Ensure that the goods description matches those on the End Use Certificate. Failure to check this will mean your application will be returned to you, which could significantly delay processing times Use the same description in any export documentation, so that the Department and Customs can link any license with the shipping documentation and, if necessary, the containers themselves. |
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Harmonized System or Combined Nomenclature Code (if applicable 8 digit; CAS number if available): |
Insert the eight (8) digit Harmonized System customs code for each item. Note: The Harmonized System customs codes are considered to be an aid for interpreting the scope of controls, but do not determine the control status of an item. |
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Control list no (for listed items): |
Insert the National Control List number. Example: ML1.a. for sub-machine guns or 2B004 for hot isostatic press. In case of software or technology transfers, the control list number of the software or technology should be identified, as well as the hardware to which it relates. Example: ML22.a., as it relates to production of ML1.a. (this means technology classified as ML22.a for the production of “widgets” classified under ML1.a.) Please note: The applicant must make the attempt to classify the commodity in accordance with the National Control List. The final classification is determined by the Department. |
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Currency and value: |
Enter the currency and value of the proposed transaction in accordance with the purchase order or contract. A value must always be stated even if the goods are being provided to the customer at no charge. The value of hardware should reflect the selling price for each line item without supplementary costs such as packing and freight. Value for technical data cannot be identified as 0 EUR but rather should reflect reproduction, processing costs, and/or contract cost. |
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Quantity of the items: |
State the quantity (e.g., number/amount) of each end item, major component, and system (e.g., 100 pcs, 2000 kg, 500 l etc.). |
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Questions concerning end use: |
Please respond to each of the questions by marking the appropriate answer. If your answer to any of the questions is Yes, please provide additional information. |
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Additional information which might facilitate expedient review of the application: |
You may provide substantial background information on previous approvals and denials that will ensure adequate and timely processing of your application. |
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List of documents attached to this application: |
List supporting documents attached to this application such as contracts, technical specifications, and end-use certificates. |
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Applicant’s signature |
Enter the name and the title of the individual who will sign the license application form. Note: The individual whose name is typed in this field must be empowered to sign the application on behalf of the entity. |