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Representation of Berifood LLC before the Ukrainian CCI regarding the certification of force majeure circumstances
Following the full-scale military invasion of the Russian Federation into Ukraine, it became impossible to carry out export-import operations by sea through Ukrainian ports. The de facto closure of ports in the Black Sea region prevented the delivery of goods and made it impossible to fulfill international trade contracts.
In order to avoid the imposition of a penalty of 0.3% of the amount of unreceived funds or the value of undelivered goods - as stipulated by Ukrainian currency legislation for violating the deadline set by the National Bank of Ukraine—Ukrainian foreign trade entities were forced to apply to the Ukrainian Chamber of Commerce and Industry (UCCI) for certification of force majeure circumstances.
However, as of September 16, 2023, the UCCI ceased issuing such certificates based on port closures, citing the partial resumption of maritime operations and cargo handling in the ports of Odesa, Chornomorsk, and Pivdennyi.
Attorneys of Misechko & Partners, Law Firm conducted a thorough analysis of the actual capacity of Ukrainian ports to handle cargo after September 15, 2023, and prepared legal justification for the continued impossibility of completing export-import transactions, even after the formal restrictions were lifted.
As a result, official confirmation was obtained that, as of September 15, 2023 and continuing thereafter, a high level of military threat remains in the north western part of the Black Sea. This includes mine hazards and the risk of enemy fire, including targeting of civilian vessels. These circumstances served as the legal basis for the recognition of force majeure affecting Berifood LLC and the subsequent issuance of a relevant certificate by the Ukrainian Chamber of Commerce and Industry.
The project was supervised by attorney Iryna Borysenko of Misechko & Partners, Law Firm.