CABINET OF MINISTERS OF UKRAINE  
RESOLUTION  
No. 861 of 2 August 2022 
Kyiv  
On the approval of procedures for confirming the degree of 
localisation of production of goods and monitoring compliance 
with the requirements regarding the degree of localisatio n of 
production of procurement items included in the list of goods 
that are procurement items with a confirmed degree of 
localisation of production  
In accordance with  subpoint 1  of point  6 -1 of Title Х “Final and transitional provisions” of the 
Law of Ukraine “On Public Procurement”, the Cabinet of Ministers of Ukraine hereby  resolves as 
follows:  
Approve as attached:  
Procedure for confirming the degree of localisation of production of goods ; 
Procedure for monitoring compliance with the requirements regarding the deg ree of 
localisation of production of procurement items included in the list of goods that are procure ment 
items with a confirmed degree of localisation of production. 
Prime Minister of Ukraine D. SHMYHAL  
Ind. 21    
  
  APPROVED  
by the Resolution of the  Cabinet of Ministers of Ukraine  
No. 861 of 2 August 2022 
PROCEDURE  
for confirming the degree of localisation of production of goods  
1. This Procedure lays down a mechanism for confirming the degree of localisation of the 
production of goods to be procure d that are defined in  subpoint 2  of point  6 -1 of Title Х “Final and 
transitional provisions” of the Law of Ukraine “On Public Procurement” (hereinafter referred to as 
the “Law”) and an additional list of goods as approved by the Cabinet of Ministers of Ukraine in 
accordance with subpoint 3  of point 6 -1 of Title X “Final and Transitional Provisions” of the Law.  
2. For the purpose of this Procedure, the terms used herein shall have the meaning defined in 
the Law. 
3. This Procedure shall not apply to the procurement of goods the value of which equals or 
exceeds the amounts specified in the Agreement on Government Procurement  concluded on 15 
April 1994 in Marrakesh, as amended by the Protocol amending the Agreement on Government 
Procurement  done  on 30 March 2012 in the city of Geneva, as well as provisions on public 
procurement in other international treaties of Ukraine ratified by the Verkhovna Rada of Ukraine, in 
particular free trade agreements, in the hryvnia equivalent as at the date of procurement, and the 
country of origin of which are countries with which Ukraine has concluded such agreements, and 
countries parties to the Agreement on Government Procurement to which Ukraine acceded in 
accordance with the Law of Ukraine  “On Ukraine’s Accession to the Agreement on Government 
Procurement”, to be confirmed by a certificate of origin of goods. 
The list of countries with which free trade agreements have been concluded, as well as the list 
of countries that are parties to the Agreement on Government Procurement  to which Ukraine has 
acceded in accordance with the Law of Ukraine  “On Ukraine’s Accession to the Agreement on 
Government Procurement”, is published on the official website of the Ministry of Economy.  
4. The degree of localisation of the production of the goods to be procured (hereinafter referred 
to as the “degree of lo calisation”) shall be confirmed by the Ministry of Economy automatically 
during the creation of the list of goods that are procurement items with a confirmed degree of 
localisation (hereinafter referred to as the “list”), based on the application for the inclusion of goods 
in the list ( hereinafter referred to as the “application”) submitted by the manufacturer of the goods 
in the form specified in Annex 1, calculation of the cost of goods with an indication of the customs 
value of imported components (imported by the manufacturer and/or purchased from suppliers 
which are resid ents of Ukraine)  (her einafter referred to as “calculation of the cost of goods”) in the 
form specified in Annex 2 and the confirmation that at least one of the elements of the goods was 
manufactured in the territory of Ukraine (in particular units, assemblies, parts and comp onents) 
and/or confirmation of the use of units, assemblies, parts and components manufactured in the 
territory of Ukraine.  
5. The list shall include goods with the degree of localisation specified in subpoint 1  of point  6 -1 
of Title X “Final and transitional provisions” of the Law, or the degree of localisation specified in 
the additional list of goods to be approved by the Cabinet of Ministers of Ukraine in accordance 
with subpoint 3  of point 6 -1 of Title X “Final and transitional provisions” of the Law, if:  
the design and technological documentation is  available and/or the intellectual property right 
has been registered for the goods to be procured, which is reflected in the balance sheet;  at least one of the elements of such goods has been produced in the territory of Ukraine (in 
particular units, assemblies, parts and components) and/or units, assemblies, parts and components 
manufactured in the territory of Ukraine are used in the production;  
manufacturers of the goods provide warranty and post -warranty services for them. 
6. The application together w ith the calculation of the cost of goods for the current year shall 
be submitted free of charge by the manufacturer of the goods electronically by completing 
electronic forms with separate fields on the web portal of the Authorised Body for Procurement 
(hereinafter referred to a s “web portal”) with the affixed electronic signature based on a qualified 
electronic signature certificate (hereinafter referred to as an “electronic signature”) of the head of 
the manufacturer of the goods or a person authorised by him/her.  
The administr ator of the electronic procurement system shall provide technical support for the 
submission of the application and ensure that the goods manufacturer has the possibility to complete 
the form of calculation of the cost of goods on the web portal.  
7. The de gree of localisation shall be calculated by the manufacturer of goods and is 
automatically confirmed using the mathematical verification of the information entered in the form 
of calculation of the cost of goods. 
Value of imported components shall be expressed in hryvnia. 
The value of imported components expressed in foreign currency shall be indicated in hryvnia 
using the official foreign exchange rate established by the National Bank as at the date of supply of 
such components. 
Compliance of goods with the requirements of point 5  of this Procedure shall be confirmed by 
specifying the necessary information in the electronic fields of the appl ication.  
The goods manufacturer shall bear personal responsibility for the content, reliability, relevance, 
completeness and correctness of the information provided by it in accordance with point 4  of this 
Procedure.  
The application shall be generated on the web portal automatically if the information is entered 
in the electronic fields marked as mandatory in full, contains no arithmetic errors, and the electronic 
signature of the head of the manufacturer of the goods or a person authorised by him/her has been 
affixed.  
8. An application for annual confirmation of the compliance of goods, included in the list in the 
previous years, with the localisation criterion for the current year shall be submitted by the 
manufacturer of the goods on the web portal every year by 1 January in accordance 
with points 6 and  7 of this Procedure.  
9. Compliance of goods, included in the list in the previous years, with the localisation criterion 
for the current year shall be confirmed annually based on the application submitted by the 
manufacturer of the goods. 
10. The list shall be created based on the results of automatic processing of applications 
submitted by the manufacturer on the web portal.  
The list shall be made available on the web portal and the official website of the Ministr y of 
Economy. 
11. The list shall i nclude the following details:  
type and brand of goods, degree of localisation;  
for manufacturers of goods which are legal entities: name, code according to the Unified State 
Register of Enterprises and Organisations of Ukraine; for manufacturers of goods w hich are private 
entrepreneurs: surname, name, patronymic (if any), taxpayer identification number or series (if any) 
and number of passport (for natural persons who refused being assigned a taxpayer identification number due to their religious beliefs, notified the competent controlling authority thereof and have 
an appropriate mark to that effect in their passport). 
12. Where the application for annual confirmation of goods compliance has not been 
submitted, the information submitted by the manufacturer of the goods as been found to be untrue, 
or in case of non- compliance of the goods with the localisation criteria for the current year as set out 
in subpoint 1  of point  6 -1 of Title X “Final and transitional provisions” of the Law, or with the 
degree of localisation provided for by the additional list of goods to be approved by the Cabinet of 
Ministers of Ukraine in accordance with subpoint 3  of point  6 -1 of Title X “Final and transitional 
provisions” of the Law, the goods shall be automatically excluded from the list.  
13. A tenderer with whom a procureme nt contract has been concluded for a procure ment item 
included in the list shall, simultaneously with the transfer of the goods, provide the procuring entity 
with the effective calculation of the cost of such goods prepared by the manufacturer of the goods , 
which shall be made available by the procu ring entity in the electronic procurement system together 
with the report on the performance of the procurement contract.  
14. Goods may be excluded from the list subject to the respective decisions of authorised 
bodies adopted within the scope of their pow ers to implement supervision and control measures 
provided for by the Law, or to a court decision within the scope of economic or criminal 
proceedings so far as they are related to the provision of false information by the manufacturer of 
the goods on the degree of localisation of the goods. 
Within three working days from the date of adoption of such decisions, the authorised bodies 
shall notif y the Ministry of Economy of such decisions by sending them a letter, the claimant shall 
provide the Ministry of Economy with the respective court decision. 
The administrator of the electronic procurement system shall take actions to exclude goods 
from the  list based on a letter from the Ministry of  Economy provided as a result of the processing 
of the respective decisions of the authorised bodies or court decisions. 
15. Goods excluded from the list under point 14  of this Procedure cannot be re -entered into the 
list for two years from the date of their exclusion.   
  
Annex 1 
to the Procedure for confirming the degree of  
localisation of production of goods  
 
APPLICATION  
for including goods in the list of goods with a c onfirmed degree of 
localisation  
Applicant ____________________________________________________________________ 
(where the manufacturer of goods is a legal entity, name, code under the Unified State Register of Enterprises and 
Organisations of Ukraine ; wher e  
the manufacturer of goods is  an individual entrepreneur, surname, name, patronymic (if any),  
taxpayer identification number or series (if any) and  
number of passport (for natural persons who refused being assigned a taxpayer identification number due t o their 
religious beliefs, notified the competent controlling authority thereof and have an appropriate mark to that effect in 
their passport)  
 
 
___________________________________________________________________________ 
(surname, name and patronymic (if any) of the head of the manufacturer of goods or the person authorised by him/her)  
___________________________________________________________________________       
(registered office of the manufacturer of goods)  
_________________________                                 __________________________________  
   tel.                             email  
Main activity (according to the Classification of Economic Activities) 
_______________________________________ 
Please include the goods  specified in this application  to the list of goods with a confirmed 
degree of localisation.  
I hereby confirm that:  
the specified goods comply with the degree of localisation of production set out in subpoint  1 
of point  61 of Title X “Final and transitional provisions” of the Law of Uk raine “On Public 
Procurement”, or the degree of localisation provided for by the additional list of goods to be 
approved by the Cabinet of Ministers of Ukraine in accordance to subpoint  3 of point  61 of Title X 
“Final and transitional provisions” of the sa me Law;  
design and technological documentation is available and/or intellectual property right has 
been registered for the goods specified, as reflected in the balance sheet;  
at least one of the elements of the specified goods has been manufactured in the territory of 
Ukraine (in particular units, assemblies, parts and components) and/or units, assemblies, parts and 
components manufactured in the territory of Ukraine have been used for the production of the goods;  
I provide warranty and post -warranty services for the specified goods.  Number  Name of 
goods  Technologica
l operations 
carried out in 
the territory 
of Ukraine  Degree of 
localisatio
n, 
percentag
e Cost of 
goods, 
UAH  Customs value 
of components 
imported to 
Ukraine by the 
manufacturer 
for the 
production of 
goods, UAH  Cost of imported 
components 
purchased separately 
and/or as part of the 
goods by the 
manufacturer for the 
production of 
machinery and 
equipment from a 
supplier that is a 
resident of Ukraine, 
excluding the value 
added tax, UAH  
 
Purpose of the a pplication (please, select):  
    initial entry into the list of goods that are procurement items;  
    annual confirmation of the list of goods that are procurement items.   
_________________________________  
(surname and initials (first name initial) of t he head of the 
manufacturer of goods or a person authorised by him/her)  __________________  
(signature)  
  
 
Annex 2 
to the Procedure for confirming the degree of  
localisation of production of goods  
CALCULATION  
of the cost of products with an indication of the customs value of 
imported components (imported by the manufacturer and/or purchased 
from suppliers that are residents of Ukraine)  
Name of goods _________________________________________________ 
(as at ___.___.________)  
 
Row 
number  Calculation items  Unit of 
measurement   Amount, 
UAH  
1 Raw material, materials, components, purchased semi -
finished products  UAH   
 of which:     
domestic  UAH    
imported  UAH   
 components, raw material  and materials purchased under 
direct contracts (MВ)  UAH   
 component parts, raw material and materials purchased 
via resident suppliers (IВ)  UAH   
2 Fuel and energy for technological purposes  UAH   
3 Basic and extra salary  UAH   
4 Single contribution charge  UAH   
5 Equipment maintenance and operation expenses 
(including dep reciation)  UAH   
6 General expenses  UAH   
7 Production cost  
(row 1 + row 2 + row 3 + row 4 +  
row 5 + row 6)  UAH   
8 Administrative expenses  UAH   
9 Selling expenses  UAH   
10 Other operating expenses  UAH   
11 Full cost (C)  
(row 7 + row 8 + row 9 + row 10 ) UAH   
 
__________________________________   
(surname and initials (first name initial)  
 of the head of the manufacturer of goods)  __________________ 
(signature)   
 
  APPROVED  
by the Resolution of the Cabinet of Ministers of Ukraine  
No. 861 of 2 August 2022 
PROCEDURE  
for monitoring compliance with the requirements regarding the 
degree of localisation of production of procurement items 
included in the list of goods that are procurement items with a 
confirmed degree of localisation of production  
1. This Procedure lays down the procedure for monitoring compliance with the requirements 
regarding the degree of localisation of production of procurement items included in the list of goods 
that are procurement items with a confirmed a degree of localisation of pr oduction (hereinafter 
referred to as the “list”).  
2. Monitoring compliance with the requirements regarding the degree of localisation of 
production of procurement items included in the list (hereinafter referred to as “monitoring”) shall 
be a set of measures for systematic analysis of the data contained in the electronic procuremen t 
system about the results of public procurements conducted by procuring entities in accordance with 
the Law of Ukraine  “On Public Procurement” (hereinafter referred to as the “Law”) fo r 
procurement items included in the list. 
3. For the purpose of this Procedure, the terms used herein shall have the meaning defined in 
the Law. 
4. Monitoring shall be conducted by the Ministry of Economy once every six months based on 
the data from the electronic procurement system received from the administrator of the electronic 
procurement system (hereinafter referred to as the “administrator”) as well as the data from other 
sources.  
5. Once every six months, by 5 January and 5 July, the administrator shall submit to the 
Ministry of Economy the data contained in the electronic procurement system regarding:  
announced procurements of procurement items included in the list;  
procuring entities that announced procurements of procurement items included in the list, and 
the tenderers in such procurements;  
concluded procurement contracts for procurement items included in the list;  
cancelled procurements of procurement items included in the lis t. 
The Ministry of Economy may contact the administrator to request other additional information 
necessary for monitoring. In such case, the administrator must provide such information to the 
Ministry of Economy within two working days from the day it received the respective request.  
6. The Ministry of Economy shall make available the results of the monitoring for the fi rst half 
of the year on its official website by 20 July. 
The Ministry of Economy shall make available the results of the annual monitoring on its 
official website by 30 January of the year following the reporting year.  7. The Ministry of Economy shall subm it the summarised information on the monitoring 
results for the year to the Cabinet of Ministers of Ukraine no later than 1 April of the year following 
the reporting budget year.