RESTRICTED  
  
GPA/ACC/UKR/23  
 
27 May 2015  
(15-2753)  Page: 1/14  
Committee on Government Procurement  Original: English  
 
 
 ACCESSION TO THE AGREEMENT ON GOVERNMENT  
PROCUREMENT OF UKRAINE 
DRAFT FINAL OFFER 
The following communication, dated 26 May 2015, is  being circulated at the request of the 
Delegation of Ukraine. 
 
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Dear Mr Newham,  
 The Permanent Representative of Ukraine to the WT O presents his compliments to the Chairman of 
the Committee on Government Procurement. 
 This is to recall that Ukraine has been making major efforts during the last month in its GPA 
accession process. In particular, Ukraine circulated its 3
rd revised offer on 24 April 2015 thereby 
requesting GPA Parties for comments, if any, by 22 May 2015. In this respect, we would like to 
thank the GPA Parties for all comments for improvements regarding Ukraine's latest Appendix I offer and all the support for Ukraine's goal of concluding GPA accession as soon as possible. We 
are pleased to hear that our latest revised offer is  considered a high quality market access offer. 
 A prompt GPA accession is a top priority for Ukraine. This is why we herewith circulate Ukraine's 
draft  final offer  which reflects the comments on Ukraine's 3
rd revised offer received by 22 May 
(please note that the below offer is NOT Ukraine's final offer but a non-binding draft only). We kindly ask the GPA parties to review our draft final offer so that it could be discussed in the context 
of the meeting of the GPA committee next week. Uk raine would truly appreciate any feedback in 
order to table its final offer as soon as practical.  The attached draft final offer includes the following changes compared to Ukraine's 3
rd Appendix I 
offer:  
 
1. The note in Annex 1 was deleted and incorporated in note d. in Annex 5. Since the note in 
Annex 1 referred to financial services "procu red by" the National Bank and note d. in 
Annex 5 referred to financial services "provided by" the National Bank it was made clear, in note d. in Annex 5, that both financia l services "provided by" and "procured by" the 
National Bank are excluded.  
 
2. In the note to Annex 3 "to" was replaced by "from" twice; the word "respectively" was 
deleted. 
 
3. In Annex 5 the CPC codes were corrected (division 85 is the correct division for research 
and development services: division 81 for financial and related services). 
 
4. Note 3.a in Annex 7 with respect to procurement by diplomatic representations abroad 
could eventually be further limited (in Ukraine's 3
rd offer goods, services and construction 
services procured by diplomatic representa tions abroad were exempted; the draft final 
offer narrows this exemption to construction se rvices). The reason for this, as explained in 
bilateral meetings, is threefold: First, goods and services of high value for representations GPA/ACC/UKR/23 
 
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 abroad are usually procured by the Ministry of Foreign Affairs of Ukraine (an entity 
covered by Annex 1). Secondly, we believe that service contracts for a diplomatic 
representation abroad, like a cleaning contract, will be of interest for local companies only and thus insignificant or not relevant for cross-border procurement. Third, procurements 
for goods like IT-equipment or office furniture will always be below the relevant GPA 
threshold when procured by a diplomatic representation abroad.  
The main reason why Ukraine is eventually ready to accept the request with respect to 
note 3.a. in Annex 7 is not to delay its GPA accession process. A final decision will be made after the meeting of the GPA committee next week in Geneva. 
 
Please note that Ukraine reserves the right to modify its draft final Appendix I offer at any time, in 
particular, to re-introduce goods and services  in the exemption regarding procurements by 
diplomatic representations abroad (see note 3.a in Annex 7). 
 
Given the fact that Ukraine was basically able to incorporate all requests for (technical) improvements we consider market accession negotiations principally concluded. Ukraine is ready 
to submit its final offer  and is looking forward to discussing concrete next steps in this respect 
with GPA parties next week in Geneva, Switzerland.  
 Yours sincerely, 
 
Aivaras Abromavicius Head of Delegation of Ukraine GPA/ACC/UKR/23 
 
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  DRAFT FINAL OFFER 
APPENDIX I 
UKRAINE 
(Authentic in the English Language only) 
ANNEX 1 
CENTRAL GOVERNMENT ENTITIES 
Thresholds: 
Goods      SDR 130,000 
 
Services     SDR 130,000 
 Construction Services    SDR 5,000,000 
List of Entities: 
1. Bodies, authorized to administrate the Parlia ment of Ukraine, President of Ukraine and 
Cabinet of Ministers of Ukraine.  
2. Ministries, other central bodies of the executiv e branch, governmental bodies created in the 
system of the central bodies of the executive branch.  
3. The Constitutional court of Ukraine, the Supr eme court of Ukraine and higher specialized 
courts.  
4. Institutions and organizations which are defined by the Constitution of Ukraine or being a 
part of the Cabinet of Ministers of Ukraine, as well  as, the bodies specially authorized by the law to 
carry out intelligence activities, and bodies, institutions and organizations which are classified as the main spending units of state budget funds, according to the Ukrainian legislation (e.g. the 
National bank, Anti-monopoly Committee, Prosecutor General's Office of Ukraine, Accounting 
Chamber, etc.).  
5. National academy of sciences of Ukraine and sectoral academies of sciences. 
 6. Other entities which are subordinated to listed entities and financed by state budgets. 
 
7. An indicative list of central government entities follows.
1 
 
                                               
 In English only. 
1  An indicative list of covered entities including central government entities is published on the official 
web-page of the Ministry of Economy and Trade of Ukraine at http://www.me.gov.ua  and includes the central 
government entities in the list attached to Annex 1. GPA/ACC/UKR/23 
 
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 INDICATIVE LIST OF CENTRAL GOVERNMENT ENTITIES 
1. Office of the Verkhovna Rada (Parliament) of Ukraine; 
2. Administrative Department of the Secretariat of Government of Ukraine; 
3. Department for State Affairs; 
4. The Antimonopoly Committee of Ukraine; 
5. Office of General Prosecutor of Ukraine; 
6. Accounting Chamber of Ukraine; 
7. The Secretariat of Council for National  Security and Defence of Ukraine; 
8. High Council of Justice; 
9. Constitutional Court of Ukraine; 
10. The Supreme Court of Ukraine; 
11. Supreme Administrative Court of Ukraine; 
12. Supreme Economic Court of Ukraine; 
13. High Specialized Court of Ukraine for Civil and Criminal Cases; 
14. Pension Fund of Ukraine; 
15. National bank of Ukraine; 
16. Ministry of Agrarian Policy and Food of Ukraine; 
17. Ministry of Internal Affairs of Ukraine; 
18. Ministry of Ecology and Natural Resources of Ukraine; 
19. Ministry of Economic Development and Trade of Ukraine; 
20. Ministry of Energy and Co al Industry of Ukraine; 
21. Ministry of Foreign Affairs of Ukraine; 
22. Ministry of Infrastructure of Ukraine; 
23. Ministry of Culture of Ukraine; 
24. Ministry of Youth and Sport of Ukraine; 
25. Ministry of Defence of Ukraine; 
26. Ministry of Education and Science of Ukraine; 
27. Ministry of Healthcare of Ukraine; 
28. Ministry of Regional Development, Construction and Housing and Communal Services of 
Ukraine; 
29. Ministry of Social Policy of Ukraine; 
30. Ministry of Finance of Ukraine; 
31. Ministry of Justice of Ukraine; 
32. Ministry of Information Policy; 
33. State Administration for Courts of Ukraine; 
34. State Aviation Administration of Ukraine; 
35. State Archival Service of Ukraine; 
36. State Enforcement Service of Ukraine; 
37. State Treasury Service of Ukraine; 
38. State Migration Service of Ukraine; 
39. State Penitentiary Service of Ukraine; 
40. State Regulatory Service of Ukraine; 
41. State Registration Service of Ukraine; 
42. State Service of Geology and Mineral Resources of Ukraine; 
43. State Service of Export Control of Ukraine; 
44. State Intellectual Property Service of Ukraine; 
45. State Statistics Service of Ukraine; 
46. State Service on medicine (drugs) and on Drug Control of Ukraine; 
47. State Service of Ukraine on Transport Security; 
48. State Service of Ukraine on Food Safety and Consumer Protection; 
49. State Service of Ukraine on Geodesy, Cartography and Cadastre; 
50. State Service of Ukraine on Labour; 
51. State Emergency Service of Ukraine; 
52. State Service for Financial Monitoring of Ukraine; 
53. State Fiscal Service of Ukraine; 
54. State Service of Ukraine on Autonomous Republic of Crimea and Sevastopil city; 
55. State Service for Veterans and Members of the Antiterrorist Campaign of Ukraine; 
56. State Agency of Roads of Ukraine; 
57. State Water Resources Agency of Ukraine; 
58. State Agency on Energy Efficiency and Energy Saving of Ukraine; GPA/ACC/UKR/23 
 
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  59. State Agency of Electronic Government of Ukraine; 
60. State Agency of Forest Resources of Ukraine; 
61. State Agency of Ukraine on Donbas Reconstruction; 
62. State Agency of Reserves of Ukraine; 
63. State Agency of Fisheries of Ukraine; 
64. The State Agency of Ukraine for an Exclusion Zone (Chernobyl zone); 
65. State Agency of Ukraine for Cinema; 
66. State Space Agency of Ukraine; 
67. State Architectural and Construction Inspection of Ukraine; 
68. State Environmental Inspection of Ukraine; 
69. State Inspection of Education in Ukraine; 
70. State Inspection of Energy Supervision of Ukraine; 
71. State Inspection of Nuclear Regulation of Ukraine; 
72. State Financial Inspection of Ukraine; 
73. Administration of the State Bord er Guard Service of Ukraine; 
74. State Committee for Television and Radio Broadcasting of Ukraine; 
75. State Property Fund of Ukraine; 
76. Administration of the State Service for Specia l Communication and Information Protection of 
Ukraine; 
77. National Agency of Ukraine on Civil Service; 
78. Ukrainian Institute of National Memory; 
79. National Council on Television and Radio of Ukraine; 
80. National Commission for the State Regulation of Communications and Informatization of 
Ukraine; 
81. National Commission for the State Regulation of Energy and Communal Utilities of Ukraine; 
82. National Commission on Securities and Stock Market of Ukraine; 
83. National Commission for the State Regulation of Financial Services Markets of Ukraine; 
84. Social Insurance Fund for Temporary Disability; 
85. Social Insurance Fund for Industrial Accidents; 
86. Security Service of Ukraine; 
87. Central Election Commission; 
88. National Academy of Sciences of Ukraine; 
89. National Academy of Medical Sciences of Ukraine; 
90. National Academy of Agricultural Sciences of Ukraine; 
91. Vinnytsia Province State Administration; 
92. Volyn Province State Administration; 
93. Dnipropetrovsk Province State Administration; 
94. Donetsk Province State Administration; 
95. Zhytomyr Province State Administration; 
96. Transcarpathian Province State Administration; 
97. Zaporizhzhya Province State Administration; 
98. Ivano-Frankivsk Province State Administration; 
99. Kyiv Province State Administration; 
100.  Kirovohrad Province State Administration; 
101.  Luhansk Province State Administration; 
102.  Lviv Province State Administration; 
103.  Mykolayiv Province State Administration; 
104.  Odessa Province State Administration; 
105.  Poltava Province State Administration; 
106.  Rivne Province State Administration; 
107.  Sumy Province State Administration; 
108.  Ternopil Province State Administration; 
109.  Kharkiv Province State Administration; 
110.  Kherson Province State Administration; 
111.  Khmelnytsky Province State Administration; 
112.  Cherkasy Province State Administration; 
113.  Chernivtsi Province State Administration; 
114.  Chernihiv Province State Administration. GPA/ACC/UKR/23 
 
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 ANNEX 2 
SUB-CENTRAL GOVERNMENT ENTITIES 
Thresholds: 
Goods      SDR 200,000 
 
Services      SDR 200,000  
Construction Services    SDR 5,000,000 
List of Entities: 1. Bodies of executive branch (in the provinces, the districts of the Autonomous Republic of 
Crimea, in the cities of Kiev and Sevastopol): 
a. local state administrations; 
 
b. local departments (provincial branches) of Ministries and of the other central bodies of 
executive branch. 
2. Provincial and local public authorities (e.g. oblast, raion, misto, raion u misti, selysche, 
selo): 
a. executive bodies and secretariats of local councils. 
3. Bodies, which ensure functioning of the Autonomous Republic of Crimea: 
a. of the Parliament of the Autonomous Republic of Crimea; 
 
b. of the Council of Ministers of the Autonomous Republic of Crimea; 
 
c. of the ministries and other state bodies of the Autonomous Republic of Crimea. 
4. Other entities which are financed by state or local budgets. 
 5. An indicative list of sub-central government entities follow.
1 
 
 
                                               
1 An indicative list of covered en tities including sub-cent ral government entities is published on the  
web-page of the Ministry of Economy and Trade of Ukraine http://www.me.gov.ua  and includes the sub-central 
government entities in the list attached to Annex 2. GPA/ACC/UKR/23 
 
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  INDICATIVE LIST OF SUB-CENTRAL GOVERNMENT ENTITIES 
1. The Parliament of the Autonomous Republic of Crimea; 
2. The Council of Ministers and the executive au thorities of the Autonomous Republic of 
Crimea; 
3. Vinnytsia Province Council; 
4. Volyn Province Council; 
5. Dnipropetrovsk Province Council; 
6. Donetsk Province Council; 
7. Zhytomyr Province Council; 
8. Transcarpathian Province Council; 
9. Zaporizhzhya Province Council; 
10. Ivano-Frankivsk Province Council; 
11. Kyiv Province Council; 
12. Kirovohrad Province Council; 
13. Luhansk Province Council; 
14. Lviv Province Council; 
15. Mykolayiv Province Council; 
16. Odessa Province Council; 
17. Poltava Province Council; 
18. Rivne Province Council; 
19. Sumy Province Council; 
20. Ternopil Province Council; 
21. Kharkiv Province Council; 
22. Kherson Province Council; 
23. Khmelnytsky Province Council; 
24. Cherkasy Province Council; 
25. Chernivtsi Province Council; 
26. Chernihiv Province Council; 
27. Municipality of Kiev; 
28. Municipality of Sebastopol; 
29. Municipality of Simferopol; 
30. Municipality of Vinnytsia; 
31. Municipality of Dnipropetrovsk; 
32. Municipality of Donetsk; 
33. Municipality of Zhytomyr; 
34. Municipality of Zaporizhzhya; 
35. Municipality of Ivano-Frankivsk; 
36. Municipality of Kirovohrad; 
37. Municipality of Luhansk; 
38. Municipality of Lutsk; 
39. Municipality of Lviv; 
40. Municipality of Mykolayiv; 
41. Municipality of Odessa; 
42. Municipality of Poltava; 
43. Municipality of Rivne; 
44. Municipality of Sumy; 
45. Municipality of Ternopil; 
46. Municipality of Uzhgorod; 
47. Municipality of Kharkiv; 
48. Municipality of Kherson; 
49. Municipality of Khmelnytsky; 
50. Municipality of Cherkasy; 
51. Municipality of Chernivtsi; 
52. Municipality of Chernihiv. GPA/ACC/UKR/23 
 
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 ANNEX 3 
OTHER ENTITIES 
Thresholds: 
Goods      SDR 400,000 
 
Services     SDR 400,000  
Construction Services   SDR 5,000,000 
List of Entities: 
1. Entities1 that carry out activities in the following spheres: 
 
a. ensuring production, transmission, supply, storage of gas; 
b. ensuring production, transmission and supply of heat; 
c. ensuring production, transmission and supply of electricity; 
d. ensuring production, transportation and supply of potable water; 
e. ensuring functioning of the centralized sewage facilities; 
f. provision of services for usage of the rail transport infrastructure of general use; 
g. ensuring functioning of municipal electric transport and operation of its facilities to 
provide transportation services; 
h. provision of services by bus terminals, ports and airports; 
i. provision of air navigation services for support of movement of airplanes; 
j. provision of postal services; 
k. geological exploration (including extraction fo r explorative purposes) of  the oil, gas, coal 
and other types of solid fuel; 
l. ensuring operation and management of the fixed telecommunication networks of general 
use or provision of telecommunication services of general use; 
m. ensuring transportation, storage and processing of crude oil and oil products. 
 
2. An indicative list of entities fulfilling the criteria set out above follows.2 
                                               
1 An entity is any undertaking which meet s at least one of the following criteria: 
- the public authorities, authorities of the Autonomous Republic of Crimea, local self-governance bodies or other administrators of public funds have more than 50% in the authorized capital of such an undertaking, or a majority of the votes in the suprem e governing body of the undertaking, or have the 
right to appoint more than half of the executive or supervisory body of the undertaking; - it is in a possession of special or exclusive rights meaning rights granted within  the powers of a public 
authority or a local authority on the basis of any legal act and/or an act of indivi dual actions that restrict 
activities in the areas specified in this Annex by one or more persons which significantly affect the ability 
of other people to carry out activities in these areas. 
2 An indicative list of covered entities is publishe d on the web-page of the Ministry of Economy and 
Trade of Ukraine http://www.me.gov.ua  and includes the entities in the list attached to Annex 3. GPA/ACC/UKR/23 
 
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  INDICATIVE LIST OF ENTITIES FULFILLING THE CRITERIA  
LAID DOWN UNDER ANNEX 3 
1. JSC "Naftogas"; 
2. JSC "Ukrtransgas"; 
3. State enterprise "Ukrinterenergo";  
4. JSC "Dniproenergo"; 
5. JSC "Donbasenergo"; 
6. JSC "Shidenergo"; 
7. JSC "Zahidenergo"; 
8. JSC "Centrenergo"; 
9. JSC "Ukrhydroenergo"; 
10. JSC "Energoatom";  
11. Ukrainian railways; 
12. State enterprise "Donetsk railways"; 
13. State enterprise "Lviv railways"; 
14. State enterprise "Odesa railways"; 
15. State enterprise "P ivdenna railways"; 
16. State enterprise "Prydniprovska railways"; 
17. State enterprise "Pivdenno-zahidna railways"; 
18. State enterprise "Ukrainian Sea Ports Authority";  
19. State enterprise "International airport Boryspil"; 
20. Communal enterprise "Airport Vinnitsya"; 
21. International airport "Dnipropetrovsk"; 
22. Communal enterprise "International airport Zaporizhzhia"; 
23. Communal enterprise "International airport Kyiv"; 
24. Communal enterprise "International airport Kriviy Rig"; 
25. State enterprise "International airport Lviv"; 
26. Communal enterprise "International airport Mykolayiv"; 
27. Communal enterprise "International airport Odesa"; 
28. Communal enterprise "Airport Poltava"; 
29. Communal enterprise "International airport Rivne"; 
30. Communal enterprise "Airport Sumy"; 
31. Communal enterprise "Airport Ternopyl"; 
32. Communal enterprise "International airport Uzhgorod"; 
33. Communal enterprise "International airport Chernivtsi"; 
34. Communal enterprise "Airport Kherson"; 
35. Communal enterprise "Airport Cherkasy"; 
36. Ukrainian State Air Traffic Services Enterprise ; 
37. Ukrainian State Enterprise of Posts "Ukrposhta"; 
38. JSC "Nadra Ukrayiny"; 
39. JSC "Ukrtelecom"; 
40. JSC "Ukrtransnafta";  
41. JSC "Ukrnafta";  
42. Communal enterprises of river ports owned by municipalities; 
43. Communal enterprises of bus terminals owned by municipalities; 
44. Communal enterprises on heat supply owned by municipalities; 
45. Communal enterprises on production, transportation and supply of potable water owned by 
municipalities; 
46. Communal enterprises on functioning of the centralized sewage facilities owned by 
municipalities; 
47. Communal enterprises of municipal electric transport (tram. trolley-bus, subway, funicular) 
owned by municipalities; 
48. Regional (province) electricity supplying companies. 
 
 
  
 GPA/ACC/UKR/23 
 
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 Note to Annex 3 
I. Provided that the conditions in paragraph II are met, this Agreement does not cover 
procurement: 
a. by a procuring entity from an affiliated undertaking3, or 
b. by a joint venture, formed exclusively by a number of procuring entities for the purpose 
of carrying out activities within the meaning of paragraphs a. to f. of this Annex, from an 
undertaking which is affiliated with one of these procuring entities. 
II.  Paragraph I shall apply to services or supplies contracts provided that at least 80% of the 
average turnover of the affiliated undertaking with respect to services or supplies for the preceding three years derives from the provision of such services or supplies to undertakings with which it is affiliated.
4 
                                               
3 "affiliated undertaking" means any undertaking over which the procuring entity may exercise, directly 
or indirectly, a dominant influence, or which may exercise a dominant influence over the procuring entity, or which, in common with the procuring entity, is subject to the dominant influence of another undertaking by virtue of ownership, financial particip ation, or the rules which govern it. 
4 When, because of the date on which an affiliated undertaking was created or commenced activities, 
the turnover is not available for the preceding three years, it will be sufficient for th at undertaking to show that 
the turnover referred to in this pa ragraph is credible, in particular by means of business projections. GPA/ACC/UKR/23 
 
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  ANNEX 4 
GOODS 
The Agreement covers all goods procured by the entities included in Annexes 1 to 3. GPA/ACC/UKR/23 
 
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 ANNEX 5 
SERVICES 
The Agreement covers all services procured by the entities included in Annexes 1 to 3 except for: 
a. services of international mediation courts, international commercial arbitrages provided 
for consideration and resolution of disputes involving the procuring entity; 
b. services of financial institutions, including international financial institutions, related to 
the raising of credit resources and funds for the chartered capital by a procuring entity; 
c. research and development services identifi ed in Division 85 of the United Nations 
Provisional Central Product Classification (CPC Prov.); 
d. financial and related services identified in Division 81 of the United Nations Provisional 
Central Product Classification (CPC Prov.) proc ured or provided by the National Bank of 
Ukraine. GPA/ACC/UKR/23 
 
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  ANNEX 6 
CONSTRUCTION SERVICES 
List of construction servic es (Division 51, CPC Prov.):  
 
The Agreement covers all construction services id entified in Division 51 of the United Nations 
Provisional Central Product Classification (CPC Prov.) procured by the entities included in 
Annexes 1 to 3. GPA/ACC/UKR/23 
 
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 ANNEX 7 
GENERAL NOTES 
1. The General Notes apply to all Annexes. 
 
2. The offer regarding services and construction s services is subject to the limitations and 
conditions specified in Ukraine's offer under the GATS negotiations.  
3. This Agreement shall not apply to the following procurement: 
 
a. construction services procured by diplomatic representations abroad; 
 
b. goods and services for the design, developm ent and production of protected paper, 
banknotes, coins of Ukraine, their storage and the record-keeping thereof as well as 
personal identification documents, documents regarding special legal status, citizenship 
documents, including passports, and othe r documents requiring special security 
f e a t u r e s  o r  b r a n d s  o f  p a i d  e x c i s e  t a x  p u r s u a n t  t o  t h e  l a w s  o f  U k r a i n e  a n d  g o o d s  o r  services required for their manufacture. 
 
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