WT/REG251/R/I  
 
3 February 2016  
(16-0719)  Page: 1/8  
Committee on Regional Trade Agreements  Original: English  
 
UKRAINE-TAJIKISTAN IMPLEMENTATION REPORT 
 This Implementation Report has been draf ted in accordance with Article 15 of the 
Transparency Mechanism Decision and following the draft guidelines contained in JOB/REG/4 
issued in January 2013. 
  This report does not prejudge the Parties' po sition on the concept and the duration of the 
implementation periods in FTAs and their relationship to the "reasonable length of time" within the 
meaning of Art. XXIV:5(c) of the GATT 1994 or "the reasonable time-frame" within Art. V:1(b) of the GATS.  
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1  BACKGROUND INFORMATION ON THE AGREEMENT 
1.1.  The Free Trade Agreement between the Cabi net of Ministers of Ukraine and the Government 
of the Republic of Tajikistan was signed on 6 July 2001 and entered into force since 11 July 2002. 
1.2.  The Agreement covers trade in goods and based on Article XXIV of GATT. 1.3.  Statistical data on trade in goods between the Parties, some indications on Parties' import 
coverage after full implementation of the FTA as  well as information about trade defence measures 
can be found in Annexes to this report.  
2  PROVISIONS ON TRADE IN GOODS 2.1  Import duties and charges,  and quantitative restrictions 
2.1.  Parties committed not to introduce any special restrictions or requirements to imports which 
under a similar situation are not applied to simila r domestic goods or goods from third countries. 
2.2.  Parties committed not to impose taxes and charges on imports from another Party higher 
than those imposed on domestic goods or imports from third countries. 
2.3.  Rules for transportation, storage and payments for goods originating in another Party should 
not differ from those applied to goods from third countries. 
2.1.1   Tariffs 
2.4.  Duty-free trade regime is applied to all goods. 2.5.  No tariff rate quotas are applied. 2.1.2  Quantitative restrictions 
2.6.  No quantitative restrictions on imports are applied. 
2.1.3  Products excluded from liberalization  
2.7.   Agreed list of exemptions is an integral part of the Agreement. WT/REG251/R/I 
 
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  2.8.  Protocol between Tajikistan and Ukraine about exemption of some goods from free trade 
regime was signed on 28 June 2012. It was ratified by Ukraine on 15 May 2013,1 and by Tajikistan 
on 3 August 2012. According to the Protocol import duties are imposed on some beverages, cigarettes, selected carpets and other textile floor coverings that are imported to Tajikistan from 
Ukraine.  
2.1.4  Final tariff schedule applied by RTA parties 2.9.  Duty-free trade is implemented over the en tire tariff schedule unless exemptions are agreed 
upon between the parties and respective protocols ratified by both parties.  
2.2  Export duties and charges,  and quantitative restrictions 
2.2.1  Tariffs 2.10.  No export duties or taxes and charges of equivalent effect should be applied by Parties in 
bilateral merchandise trade.  
2.11.  However, Ukraine has applied export duties on waste and scrap of metal since 2006. 
According to the Law № 441-V,
2 this export duty is applied irrespective of existing free trade 
agreements. 
2.12.  Tajikistan does not apply export duties. 2.2.2   Quantitative restrictions 
2.13.  Parties committed that no quantitative restrictions on exports are applied. 
2.14.  From 2012 voluntary export restrictions have  been applied in Ukraine on exports of selected 
cereals, wheat and maize. Each marketing year the Ministry of Agrarian Policy and Food and exporters sign Memorandum of Understanding defini ng consensus amounts of agricultural exports.  
2.3  Regulatory provisions on trade in goods 
2.3.1  Rules of origin  2.15.  Initially rules of origin in Ukraine-Tajikistan bilateral trade were regulated by Rules of Origin 
of Goods dated 24 September 1993
3, signed by the CIS member states. 
2.16.  However, because of plurilateral free trade negotiations within the CIS, contractual 
framework on rules of origin has changed several times.  
2.17.  Revised Rules of Origin of Goods were passed on 30 November 2000.4 In 2009 Agreement 
on Rules of Origin of Goods in the CIS5 was signed. It was ratified on 7 July 2011, and came into 
force for Ukraine on 14 September 2011.  
2.18.  No special references to WTO legal documents are included in rules of origin applied in 
Ukraine-Tajikistan bilateral trade.  
2.3.2  Non-tariff barriers 2.19.  No specific commitments regarding standards, technical regulations and conformity 
assessment are included into the Agreement. 
                                               
1 http://zakon4.rada.gov.ua/laws/show/300-2013-%D1%80   
2 http://zakon2.rada.gov.ua/laws/show/441-16   
3 http://zakon4.rada.gov.ua/laws/show/997_055  
4 http://zakon4.rada.gov.ua/laws/show/997_484  
5 http://zakon4.rada.gov.ua/laws/show/997_m65   WT/REG251/R/I 
 
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  2.3.3  Sanitary and phytosanitary measures 
2.20.  No specific commitments regarding sanitary and phytosanitary measures are included into 
the Agreement.  
2.3.4  Trade defence instruments 
2.21.  The Agreement allows for introducing restriction of import of products, if they are imported 
into the territory of one of the Parties in such quantities and on such terms that cause or threaten to cause damage to domestic producers of similar or directly competitive products. 
2.22.  Information about Ukrainian trade defence instruments that could affect Tajikistan can be 
found in Annex 2 to the report. 
2.23.  Analysis of application of trade defence instruments by Ukraine shows that some products 
imported from Tajikistan were subject to safeguar d measures applied irrespective to the country of 
origin. Safeguard measures in the form of quotas on parts of pumps for liquids were applied in 
2005-2009. Bleached and printed plain weaves were  subject to safeguard duty from 2007 to 2010.  
2.24.  In its turn, Tajikistan does not apply any defence measures against Ukraine.  
3  PROVISIONS ON TRADE IN SERVICES 
3.1  Commitments 3.1.  The Agreements does not contain any specific commitments on trade in services. 
4  OTHER PROVISIONS IN THE AGREEMENT  
4.1  Export control 4.1.  Parties agreed to coordinate policy on export control regarding third countries. In order to 
maintain such cooperation, an effective system of export control should be created by facilitating 
regular consultations and mutually agreed measures.  
4.2.  The most recent law that regulates state control of export in Ukraine is the Law "On State 
Control of International Transfers of Goods Design ated for Military Purposes and Dual-Use Goods"
6 
passed on 20 February 2003. The state control is  conducted by the State Service for Export 
Control of Ukraine. 
4.3.  In Tajikistan, the most recent law7 setting norms in the area of export control of goods, 
technologies and software was passed on 31 December 2014. The Law is aimed at protection of 
national interests; compliance with international obligations regarding proliferation of weapons of mass destruction; limitation of transfer of conventional weapons; realization of measures preventing the use of these products for terrorist  and other illegal purposes. The Government of 
Tajikistan is responsible for appointing unauthorize d state body in the sphere of export control. 
4.2  Transit 4.4.  Free transit principle is an important prec ondition for implementation of Agreement. Both 
Parties committed to ensure free transit of goods originating from customs territory of another 
Party or third countries. Free movement of goods shipped to another Party or any third country should also be guaranteed. 
4.5.  Parties agreed that transit shipments shall not be subject to unjustified delays or restrictions. 
                                               
6 http://zakon4.rada.gov.ua/laws/show/549-15   
7 http://www.customs.tj/imag es/stories/img_text/Konunho /ru/Zakon/Zak1168_31.12.2014.rar   WT/REG251/R/I 
 
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  4.6.  Parties took an obligation to provide to an other Party's exporters, importers or carriers all 
available and required facilities and services for transit on terms that are not worse than those that are provided to their own transport operators or carriers of any third country. 
4.7.  Procedures and conditions of transit are al so regulated according to bilateral agreements on 
transport. The Government of the Republic of Tajikistan and the Cabinet of Ministers of Ukraine 
signed several agreements in this sphere, including Agreement on Cooperation in the Field of Energy, Industry, Transport and Construction
8 (2002), Agreement on International Automobile 
Passenger and Freight Transportation9 (2005), and Agreement on Air Transportation10 (2008). 
4.3  Re-exports 4.8.  In the Agreement re-export is defined as export of commodities, which originate from the 
customs territory of one Party, by another Party beyond its customs territory in order to export 
them to a third country.  
4.9.  Only approved re-exports are allowed. The Parties agreed not to permit the unsanctioned 
re-export of commodities that are subject to tariff or non-tariff regulation. Such goods could be 
re-exported only in case if a special permit was issued by a competent body. In case of violation 
the Party, whose interests were affected, may introduce measures to regulate export of such commodities to the other Party. 
4.4  Trade and competition 
4.10.  Unfair business practices are recognized as those which contradict the Agreement. They 
may inter alia  include those which aim at hindering or restricting competition in the Parties' 
markets, as well as using market power.  
4.11.  Cooperation in the field of competition policy in the Commonwealth of Independent States is 
regulated by the Agreement On Coordinated Competition Policy
11 signed on 25 January 2000. 
4.5  Common classification  
4.12.  Parties committed to use 9-digit commodity nomenclature based on the Harmonized 
Commodity Description and Coding System for th e purposes of tariff and non-tariff measures, 
customs operations as well as exchange of statistics.  
4.13.  The most recent commodity classification used by Ukraine and Tajikistan is based on 2012 
edition of Harmonized System Nomenclature by World Customs Organization (HS classification). 
4.6  Economic cooperation and capacity building 4.14.   The development of bilateral economic relations between Ukraine and Tajikistan during 
2003 - 2012 had been based on the Agreement on Long-Term Economic Cooperation.
12 In addition 
to that, since 2006 there is the Agreement on Friendship and Cooperation.13 
4.15.  In 2009 Memoranda on Trade, Economic, Scientific, Technical and Humanitarian 
Cooperation were signed between the Khatlon an d Kharkiv, Khatlon and Lugansk, and Sughd and 
Dnipropetrovsk regions. 
4.6.1  Information exchange 
4.16.  Competent authorities of the Parties committed to establish a mechanism of information 
exchange. Changes in the national legislation, wh ich can affect implementation of the Agreement, 
                                               
8 http://zakon4.rada.gov.ua/laws/show/762_011   
9 http://zakon2.rada.gov.ua/laws/show/762_036   
10 http://zakon2.rada.gov.ua/laws/show/762_039   
11 http://zakon1.rada.gov.ua/laws/show/997_502   
12 http://zakon4.rada.gov.ua/laws/show/762_024   
13 http://zakon4.rada.gov.ua/laws/show/762_026   WT/REG251/R/I 
 
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  should be immediately provided to another Party, specifically in trade and economic area including 
investments, taxation, banking, insurance and other financial services, transportation, customs and customs statistics.  
4.17.  Information exchange channels are official  enquiries to Ministries, meetings of the Joint 
Intergovernmental Ukrainian-Tajik Commission on Economic Cooperation, international 
organizations and meetings. 
4.6.2  Joint commission 
4.18.  Parties agreed to establish joint Ukrainian-Tajik commission in order to monitor realization 
of the Agreement and work on further improv ement of trade and economic cooperation. 
4.19.   The Joint Intergovernmental Ukrainian-Tajik Commission on Economic Cooperation was 
established on 2002, according to Article 11 of Ukraine-Tajik FTA. The recent fourth meeting of 
commission took place on April 3, 2013.  
4.20.  Issues discussed during Commissions meetings include assessment of bilateral economic 
cooperation programs, current state and perspectives of trade and economic cooperation, policy 
advice on bilateral cooperation, including energy, transports, agriculture, information security and 
humanitarian spheres. In the signed final protoc ols of the meeting stated the consensus of the 
Parties to deepen the partnership in the construction of new and modernization of existing power 
facilities, joint industrial enterprises, including the production of various electrical equipment, 
mining and processing of natural resources and agricultural products. 
4.7  Protection of legitimate objectives 4.21.  The Agreement allows Parties to apply measures commonly acceptable by international 
practice in order to protect their legitimate objectives or implement their commitments according 
to their international rights, including the balance of payments problem; protection of public morals and public order; protection of human li fe and health; protection of animals and plants; 
protection of the environment; protection of artistic, archaeological and historical values that 
constitute the national heritage; protection of in dustrial and intellectual property; trade in gold, 
silver and other precious metals and stones; conservation of irreplaceable natural resources. 
4.22.  The Agreement allows Parties to apply measures of state regulation concerning assurance of 
national security; trade in weapons, transfer of technologies for military purposes; supply of fission material and sources of radioactive substances, recovery of radioactive waste; measures applied at times of war or under other emergency circumstances in international relations; actions aimed to 
meet the commitments under the UN Charter for the preservation of international peace and 
security. 
4.23.  On 28 December 2014 Law of Ukraine "On measures concerning stabilization of the balance 
of p ayme nts  of U kraine  i n c omp l ianc e  w ith Art i cle XII of the General Agreement on Tariffs and 
Trade 1994" No. 73-VIII
14 and the Law of Ukraine "On Amending the Customs Code of Ukraine 
(concerning stabilization of the balance of payments)" No. 74-VIII15 entered into force. Pursuant to 
these Laws, Ukraine introduced temporary import surcharge of 10% for agricultural goods and 5% 
for non-agricultural goods, except essential good s. The measure is to be applied for one year.  
4.24.  Since 2002 Ukraine has applied export quotas on selected types of precious metals and 
stones. Since 2012 it has also added export quotas on natural gas and oil Ukrainian origin, on slag, 
ash and residues containing copper and zinc. Also Ukraine applied import quotas on selected types 
of coal and coke in 2013. 
                                               
14 http://zakon4.rada.gov.ua/laws/show/73-19   
15 http://zakon2.rada.gov.ua/laws/show/74-19   WT/REG251/R/I 
 
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  4.8  Relations with third countries 
4.25.   The Agreement does not prevent any of th e Parties from establishing relations with third 
countries and take up obligations in compliance with international agreements, if these relations and obligations are consistent with the purpose of the present FTA. 
4.9  Dispute settlement  
4.26.  The Parties have declared intention to avoid disputes in mutual trade. If dispute over 
interpretation and implementation of the provisions  of the Agreement arises, this should be settled 
through consultations.  
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  ANNEX 1 
STATISTICS ON TRADE IN GOODS 
Table A1.1: Ukraine: Imports from Tajikistan (million $) 
Year Total Agricultural products* Non-agricultural products* 
2002 2.9 2.4 0.5 
2003 4.0 3.1 0.9 
2004 8.5 5.2 3.3 
2005 5.3 2.7 2.6 
2006 4.3 2.9 1.4 
2007 4.4 3.6 0.8 
2008 5.4 4.0 1.4 
2009 4.0 3.4 0.6 
2010 3.5 3.4 0.1 
2011 13.0 5.6 7.4 
2012 7.2 4.9 2.3 
2013 5.2 2.7 2.5 
2014 3.2 2.7 0.5 
*WTO definition. 
 Source: UN ComTrade.  
 
Table A1.2: Tajikistan: Impo rts from Ukraine (million $) 
Year Total Agricultural products* Non-agricultural products* 
2002 42.9 1.5 41.4 
2003 32.3 0.0 32.3 
2004 28.6 0.1 28.5 
2005 46.9 1.0 45.9 
2006 39.8 2.1 37.7 
2007 51.2 8.4 42.8 
2008 77.7 25.2 52.5 
2009 80.4 16.4 64.0 
2010 74.7 15.4 59.3 
2011 60.2 24.3 35.9 
2012 100.8 22.3 78.5 
2013 61.3 26.6 34.7 
2014 46.7 27.1 19.6 
*WTO definition. 
 
Source: UN ComTrade. 
 
Table A1.3: Ukraine import coverage after full implementation of the Agreement   
Coverage 2002  2003  … 2013 2014 
% of tariff lines 100 100 … 100 100 
% of imports 100 100 … 100 100 
Notes: Line coverage (% tariff lines)  is calculated as duty-free quota- free Ukraine's tariff lines on imports 
from Tajikistan divided by total Ukraine's tariff lines on imports from Tajikistan.  
Trade coverage (% imports ) is calculated as duty-free quota-free Ukraine's imports from Tajikistan 
divided by total Ukraine's imports from Tajikistan. For calculation of the coverage rates the preferenti al tariffs in force on 1 January of the indicated 
years has been used.  
Source: Ukraine- Tajikistan FTA. WT/REG251/R/I 
 
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  ANNEX 2 
TRADE DEFENCE INSTRUMENTS  
Table A2.1: Ukraine: safeguard measures app lied irrespective to the country of origin  
HS 
Nomenclature Code Product description Measure Years 
HS 1996 1905906000 Bread, pastry, cakes, 
biscuits and other bakers' 
wares tariff 2003-2007 
HS 1996 8413919090; 
8412905000; 
7325109900; 
7326909700 Parts of pumps and 
engines; articles of iron or 
steel quota 2005-2006 
HS 1996 6804221800 Millstones, grindstones, 
grinding wheels tariff 2005-2009 
HS 1996 6807101000 Articles of asphalt or of 
similar material tariff 2005-2009 
HS 1996 3506100010 Glues tariff 2006-2007 
HS 1996 8482109000 Ball bearings tariff 2006-2009 
HS 1996 6002921000; 
6002923000; 6002929000; 6002933100; 6002933300; 
6002933900 Knitted or crocheted fabrics tariff 2007-2010 
HS 1996 5208221500; 
5208221900; 
5208229500; 
5208229900; 
5208290000; 
5208321500; 
5208321900; 
5208329500; 
5208329900; 
5208390000; 
5208521000; 
5208529000; 
5208590000 Woven fabrics of cotton tariff 2007-2010 
HS 1996 8539311000 Electric filament or 
discharge lamps tariff 2007-2010 
HS 1996 7304291100 Steel pipes quota 2008-2016 
HS 1996 3605000000 Matches tariff 2009-2012 
HS 1996 7005293500 Sheet glass tariff 2009-2010 
HS 2007 8703221000; 
8703231910 Motor cars tariff 2013-2015 
HS 2012 6911100000 Tableware and kitchenware 
of porcelain tariff 2014-2017 
Source: The official newspaper "Uryadoviy Courier". 
 
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