16.01.2023

 

It should be recalled that with the outbreak of the war, the Ukrainian Chamber of Commerce and Industry (the CCI of Ukraine) deviated from the standard procedure of force majeure certification, according to which the force-majeure certificates have been issued individually on a case-by-case basis.

 

Instead, the CCI of Ukraine issued a common official letter dated 28 February 2022 certifying as force majeure the following event: military aggression of the Russian Federation against Ukraine resulting in the imposition of martial law from 05:30 a.m. on 24 February 2022 for a period of 30 days, according to the Decree of the President of Ukraine dated 24 February 2022 No. 64/2022 "On the declaration of martial law in Ukraine”.

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The letter of the CCI of Ukraine is available on the website of the CCI of Ukraine in Ukrainian and English

 

Many business owners have already managed to apply the common letter of the CCI of Ukraine to confirm the temporary inability to fulfill their contractual obligations.

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However, each contract, as well as the contracting party do differ. Some contracts provide that force majeure shall be confirmed precisely by a certificate issued by the chamber of commerce and industry (CCI), rather than by a letter or publication on a website, etc. Moreover, there are situations when a contracting party questions the validity of the letter issued by the CCI of Ukraine or questions impossibility to fulfill the obligations under the contract exactly because of the military aggression of the Russian Federation against Ukraine.

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In such a case, it is still recommended to apply to the relevant CCI in order to obtain a force majeure certificate confirming your inability to fulfill your particular obligations under a particular contract.

 

To date,

 

• The CCI of Ukraine, and

• Most of the regional CCIs.

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Other regional chambers of commerce and industry continue to operate in a limited mode. Thus, the current possibility of other regional CCIs to issue force majeure certificates should be individually clarified.

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Our team is ready to advise you on the procedure of force majeure certification conducted by the relevant CCI and assist you in obtaining the required certificate.