Structuring defence businesses

We help companies build the right legal framework — from choosing the form of ownership to a corporate structure that meets the requirements for working with the state and foreign partners.

• Selection and registration of a legal structure for a defence company
• Structuring holding companies in foreign jurisdictions to implement ‘Build with Ukraine’
• Corporate governance tailored to the specificities of the defence industry
• Legal support for mergers, acquisitions and restructurings in the sector (consolidation)
• Drafting of corporate agreements/shareholder agreements (SHA) taking into account state and foreign stakeholders
• Preparation for inclusion in the register of defence industry enterprises
• Defence-city

Public and defence procurement

Contracting with the state in the defence sector is a discipline in its own right. We know it inside out: from preparing tender documentation to resolving disputes with the contracting authority.

• Support for participation in tenders organised by the Ministry of Defence and the Armed Forces of Ukraine
• Preparation and negotiation of government contracts for the supply of weapons and equipment
• Working within the Prozorro Defence system and special procurement regimes
• Structuring offset agreements and industrial cooperation agreements
• Advice on pricing in defence contracts
• Resolving disputes with public sector clients (pre-litigation and litigation)
• Support for international procurement under allied assistance programmes (FMF, ITAR-compliant contracts)

Export control and international trade

For any company working with dual-use technologies or supplying products abroad, compliance with export control regulations is a matter of business survival, not a mere formality.

• Support for applications for export licences and DSEC permits
• Establishment of an internal Export Compliance Programme
• Advice on ITAR/EAR regimes and their implications for Ukrainian companies
• Sanctions screening of counterparties and transactions
• Support for agreements under international technology transfer (ToT) programmes
• Engaging with regulators upon identification of potential breaches
• Support for applications for international technology compliance under the NDAA (U.S. National Defense Authorization Act), NIS2 Directive (EU 2022/2555), German IT-Security Act (IT-SiG 2.0), and “Trusted Origin” Rules

Dual-Use

Dual-use technologies are not just about export controls. They involve a distinct business logic: how to classify a product, how to attract investors, and how to enter foreign markets without regulatory barriers. We support companies at every stage — from certification to closing deals.

• Classification of products according to dual-use lists (EU, US, Ukraine)
• Certification of dual-use products
• Attracting investors
• Development of an internal compliance programme for dual-use companies

Intellectual property in Defence Tech

In a sector where R&D is a competitive advantage, the question of who owns the technology — the company, the investor or the state — is a strategic one. We ensure IP protection at every stage.

• Patenting military and dual-use technologies in Ukraine and abroad
• Structuring rights to R&D results in state-funded projects
• Negotiating IP provisions in contracts with the Ministry of Defence and government clients
• Protection of trade secrets and know-how in relations with partners
• Licensing of technologies to foreign partners and buyers
• IP due diligence in M&A and investment fundraising
• Protection against unfair copying and IP disputes

Investment and financing

The defence sector is attracting growing interest from venture capital, sovereign wealth funds and strategic investors. We structure deals so that the company raises capital without losing control over its business and technologies.

• Preparation for raising venture capital (term sheet, negotiations, closing the round)
• Structuring deals with foreign strategic investors, taking into account national security restrictions
• Working with grant funding (EU, NATO Innovation Fund, USAID, EDF)
• Support for investments by sovereign and defence funds
• Preparing and protecting investment structures against regulatory risks
• Legal support for investor exits (exit structuring)

Raising domestic financing for scaling up:

• Bank loans under targeted programmes
• Attracting private investors (private placement)
• Preparation and issuance of corporate bonds / investment certificates
• Raising funds from a wide range of investors through crowdfunding and public share offerings

Regulatory compliance and engagement with the government

Working in the defence sector involves constant interaction with regulators, government departments and supervisory bodies. We turn this interaction from a source of risk into a competitive advantage.

• Obtaining licences in the field of armaments and military equipment
• Interaction with the Ministry of Defence, the Ministry of Strategic Industries, and the State Security and Defence Committee
• Obtaining and maintaining defence industry enterprise status
• Compliance in the field of arms and ammunition
• Preparation for inspections and audits by regulatory bodies
• Advising on anti-corruption requirements in public procurement (NABU, NACP)
• Representing the company’s interests in dealings with government authorities (GR)

Mobilisation, reservist status and workforce security

Under martial law, personnel issues have become a critical legal risk. We help companies retain key specialists within the legal framework and without jeopardising their business.

• Obtaining and maintaining the status of a critical enterprise
• Reservation of employees liable for military service: procedure, documentation, defence during inspections
• Legal audit of HR processes for compliance with wartime legislation
• Development of internal policies on mobilisation and deferment
• Protecting the rights of the company and employees in the event of compulsory conscription
• Labour disputes and compensation in the context of martial law

Public-Private Partnerships and localisation of production

The state needs local production — companies need access to state resources and markets. We structure partnerships that serve the interests of both parties.

• Structuring PPP agreements in the defence manufacturing sector
• Legal support for joint ventures with state-owned defence enterprises
• Advice on programmes for the localisation of arms and equipment production in Ukraine
• Industrial cooperation agreements with foreign manufacturers (offset, co-production)
• Support for the transfer of production capacity and technology to Ukraine
• Interaction with the State Defence Procurement Agency, Ukroboronprom and other state bodies

Private / Small-scale defence industry:

• Preparation and support for the submission of applications, notifications and documents to obtain the necessary approvals and permits.
• Drafting, analysing and finalising contracts with suppliers, contractors, operators and partners.
• Analysis and mitigation of legal, regulatory and operational risks, ensuring compliance with legislation.
• Supporting interactions with central operators, government bodies and other authorised bodies.

Miltech Disputes

Disputes in the defence sector are not run-of-the-mill litigation. Closed-door proceedings, public interest, sensitive technologies and international counterparties create an environment where the cost of error is critical. We protect our clients’ interests at every stage — from negotiations to international arbitration.

• Legal support for disputes relating to the procurement of components, contract performance, product delivery, and breaches of deadlines, quality or delivery terms.
• Protection of intellectual property rights, including disputes concerning technologies, developments, trademarks, patents, software and confidential information.
• Representing clients’ interests in international commercial and investment arbitration, including the preparation of procedural documents and support for the enforcement of awards.
• Preparing and supporting applications for interim measures to protect the client’s assets, evidence, rights and interests prior to or during a dispute.