Acceptance for Processing
The Ministry will register your application and accept it for processing no later than on the working day following the date of submission of the properly completed application form with all supplemental documentation.
An application is not accepted for processing if the goods identified in the application are not strategic goods or the application is not complete. If the application is not accepted for processing, the Ministry will inform the applicant within five (5) working days and return the application without action.
Interagency Review
Once the Ministry accepts your application for processing, the Department for Control of Trade in Strategic Goods (STGD) will conduct the initial review. It will examine the application thoroughly and determine whether you need to provide additional or corrected information.
After completion of the initial review, the STGD will forward the application to the Commission for Control of Trade in Strategic Goods. The Commission consists of five (5) members and deputy members, which are representatives of:
- Ministry of Trade and Industry (chair)
- Ministry of Foreign Affairs
- Ministry of Kosovo Security Force
- Ministry of Internal Affairs
- Kosovo Customs
When conducting the review, the Commission will reject the application under the following circumstances:
- The issuance of the requested license is in contradiction with the foreign policy or economic interests of Kosovo.
- The issuance of a license could endanger respect for the international obligations and responsibilities of Kosovo, particularly the sanctions adopted by the United Nations Security Council or the European Union, agreements on nonproliferation and other matters, and other international obligations.
- The issuance of the license may endanger the defense and security interests of Kosovo.
- The transaction contradicts the national security strategy of Kosovo.
- The issuance of a license would endanger respect for human rights in the destination country or respect for international humanitarian law in the destination country.
- The issuance of a license could contribute in the rise of tensions or armed conflict in the destination country.
- The issuance of a license would enable strategic goods to come into the possession of a denied party.
- The attitudes of the destination country towards terrorism, the nature of its alliances, and its respect for international law are not consistent with those of Kosovo.
- There is a risk that the goods could be diverted, re-transferred, or re-exported under undesirable conditions.
- The goods are incompatible with the technical and economic capacity of the recipient country, taking into account the desirability that states meet their legitimate security and defense needs with the least diversion of human and economic resources for armament.
- The goods for which the license is requested are under a police investigation procedure or court proceedings.
- Within the past five (5) years, the applicant has been held responsible for violating the Law for the Trade of Strategic Goods, its sub-legal acts, or other legal provisions related to national security.
- Within the past five (5) years, the applicant has been held responsible for violating an international embargo or sanction.
- A criminal proceeding has been initiated against the applicant regarding a violation of the Law for the Trade of Strategic Goods or its sub-legal acts or a civil or criminal proceeding has been initiated against the applicant regarding national security.
- There are other relevant national security or foreign policy considerations.
The Commission will decide on a license application within twenty (20) working days from the day of application, or within forty (40) working days if it is necessary to undertake additional verification. The Ministry will inform you immediately after the Commission determines that the procedures will take up to forty (40) days.
Issuance of Licenses
The Ministry will issue a license upon the approval of the Commission and send a license to the applicant by registered letter or electronically. A license application may be approved in whole or in part or limited by conditions or other restrictions appearing in the license itself or in the Law for the Trade of Strategic Goods. A license authorizes only a specific transaction, or series of transactions, as described in the license application and any supporting documents. It is not transferrable to another person.
Licenses have different validity periods:
- An individual license for the export, import, or extra-territorial re-export or retransfer of strategic goods or for the provision of related services is valid for up to two (2) years.
- A global license is valid for up to three (3) years.
- An individual license for transit or transshipment is valid for up to one (1) year.
The Commission will determine the term of validity of each license.
Licenses also may contain various conditions. For example, after the export, transit, transshipment, or extra-territorial re-export or re-transfer of goods, the Ministry may require the license holder to submit a delivery verification certificate issued by the appropriate authorities of the destination state.
The Ministry may determine that other conditions apply to individual and global licenses. In such cases, the Ministry will stipulate applicable conditions in the license.
The issued license includes the license number, validation date, expiration date, and other relevant information. When necessary, attachments to a license will also be validated with the Ministry seal and the date of validation.
A license holder must provide the designated license number when preparing and submitting customs declarations and other relevant documents and in communicating with the STGD and the Commission. A license is considered null and void after the customs formalities for all of the goods specified in the license are complete.
License Application Denial
If the application is denied, the Ministry will inform you the about the legitimate reasons for denial by the Commission.
In cases when the Commission denies a license application, you have the right to request administrative review by the Commission within thirty (30) days of receiving the notification of denial, prior to initiating an administrative dispute with the competent court. The Commission will review your request within twenty (20) working days of receiving it. In cases when the Commission denies the request, you may initiate an administrative dispute with the competent court.