WT/DS525/1, G/L/1179  
S/L/414, G/TBT/D/50  
G/LIC/D/52, G/SPS/GEN/1549  
 
1 June 2017 
(17-2919) Page: 1/8 
  Original: English  
 
UKRAINE – MEASURES RELATING TO  TRADE IN GOODS AND S ERVICES  
REQUEST FOR CONSULTA TIONS BY THE RUSSIAN FEDERATI ON 
The following communication, dated 19 May 2017 , from the delegation of Russia  to the delegation 
of Ukraine  and to the Chairperson of the Dispute Settlement Body, is circulated in accordance with 
Article  4.4 of the DSU.  
 
_______________  
 
 My authorities have instructed me to request consultations with the Government of Ukraine 
pursuant to Articles 1 and 4 of the Understanding on Rules and Procedures  Governing the 
Settlement of Disputes (DSU), Article XXIII of the General Agreement on Tariffs and Trade 1994 
(GATT 1994), Article XXIII of the General Agreement on Trade i n Services 1994 (GATS), 
Article  14.1 of the Agreement on Technical Barriers to Trade  (TBT Agreement), Article 6 of the 
Agreement on Import Licensing Procedures (Import Licensing Agreement), Article 11.1 of the 
Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) with 
respect to multiple restrictions, prohibi tions, requirements and procedures adopted and maintained 
by Ukraine in respect of trade in goods and services between the Russian Federation and Ukraine 
as well as transit since 2014.  
Since 2014 Ukraine has adopted a universe of restrictions, prohibitions , requirements and 
procedures the effect of which is discrimination of persons, goods and services of the Russian 
Federation and drastic restriction of bilateral trade as well as transit.  
These measures include, but are not limited to, the following:  
1. Resolution of the Cabinet of Ministers of Ukraine of 30 December 2015 No. 1147 «On the 
Ban on Import of Goods Originating from the Russian Federation to the Customs Territory of 
Ukraine»1, as well as any subsequent amendments, including Resolution of the Ca binet of Ministers 
of Ukraine of 20 January 2016 No. 28 «On Amendments to List of Goods Originating in the Russian 
Federation and Prohibited for Imports into Ukraine»2. The Resolution No. 1147 as well as its 
subsequent amendments provide for a ban on impor ts from the Russian Federation of certain 
products.  
The import ban covers a number of categories of food products (in particular meat products, 
dairy products, fish products, confectionary, tea, potato products, such as crisps, etc.), spirits and 
beer, cig arettes, railway and tram track equipment, diesel -electric locomotives, octanol, potash 
chloride, detergents, certain agricultural chemicals, certain plant products, etc.  
                                                
1 Products cove rage according to mentioned Resolution: Harmonized System Codes 0201, 0202, 0203, 
0207, 0210, 03, 0403909100, 0406303100, 0901210000, 09023000, 1104291700, 15179099, 1522009100, 
1704907100, 1704909900, 1806310000, 1806901900, 1901100000, 1902191000, 190531 1100, 1905321100, 
1905905500, 1905906000, 2005202000, 21011100, 2103909000, 2106909200, 2203000100, 2203000900, 
2207, 220860, 230910, 2402209020, 2905168510, 3104205000, 3401300000, 380891, 380892, 380893, 
3808991000, 3917320020, 8530100000, 8602100000.  
2 Products coverage according to mentioned Amendments: Harmonized System Codes 0712200000, 
09021000, 1604, 1794903000, 1704906100, 1704906500, 1806901100, 1904, 1905100000, 1905311900, 
1905319100, 2103100000, 2103200000,  WT/DS525/1 • G/L/1179 •  S/L/414 • G/TBT/D/50 • G/LIC/D/52 • G/SPS/GEN/1549  
 
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  In particular, the ban constitutes a prohibition on importation of products from the territory 
of the Russian Federation to the territory of Ukraine. This prohibition of imports of products to 
Ukraine is applied only to the products originating from the Russian Federation. Ukraine fails to 
extend the treatment, granted by it to the product s originating from any third country, to the 
products originating from the Russian Federation.  
Moreover, the ban and the said Resolution were not published in a manner that would 
enable governments and traders to become acquainted with them. Interested pe rsons were not 
granted an opportunity to comment on proposed regulation. No reasonable period of time between 
publication and the effective date of the regulation was allowed.  The measure have not been duly 
notified to the WTO.  
Therefore, t his measure is inconsistent with Articles I  (inter alia Article I :1), X ( inter alia 
Articles  X:1, X:2) and XI  (inter alia Article  XI:1) of the GATT 1994 , paragraphs 192, 491, 499, 500 
of the Report of the Working Party on the Accession of Ukraine to the World Trade Organi sation 
(Working Party Report) and paragraph 2 of Part I of the Protocol of the Accession of Ukraine 
(Accession Protocol) which incorporates commitments of Ukraine provided for in the mentioned 
paragraphs of the Working Party Report . 
2. Law of Ukraine of 8 December 2016 No. 1780 -VIII «On Amendments to Certain Laws of 
Ukraine in Relation to Restricting Access of Foreign Printed Materials with Anti -Ukrainian Content 
to the Ukrainian Market» (Law No. 1780 -VIII).  
The Law No. 1780 -VIII amends the Law of Ukraine o f 4 June 1997 No. 318/97 –BP. The 
amendments relate to the Article 28-1 of the Law No. 318/97 –BP and prescribe that imports and 
distribution of printed materials originating from, manufactured in and/or delivered from Russia 
are prohibited, except materials  approved by the Ministry of Information Policy of Ukraine. 
Furthermore, not more than 10 items of printed materials in the luggage of individuals entering 
Ukraine are allowed.  
In particular, the ban constitutes a restriction/prohibition (other than duty, tax or other 
charge) on importation of products from the territory of the Russian Federation to the territory of 
Ukraine. This restriction/prohibition of imports of products to Ukraine is applied only to the 
products originating from the Russian Federation . Ukraine fails to extend the treatment, granted 
by it to the products originating from any third country, to the products originating from the 
Russian Federation.  
This measure imposes a complicated and vague procedure for the issuance of necessary 
approv als that restricts and distorts trade. The approval procedures are not administered in a fair 
and equitable manner and are more administratively burdensome than necessary to administer the 
measure.  
Moreover, the measure was not published in a manner that w ould enable governments and 
traders to become acquainted with them. Interested persons were not granted an opportunity to 
comment on proposed regulation. No reasonable period of time between publication and the 
effective date of the regulation was allowed.  The measure have not been duly notified to the WTO.   
This measure applies not only to imports of the covered products from the Russian 
Federation, but also to the distribution thereof within the territory of Ukraine. Consequently, the 
treatment granted t o products of the Russian Federation is less favourable than the one granted to 
like products of Ukraine in respect of the laws, regulations and requirements affecting their 
internal sale, offering for sale, purchase, distribution or use while the domestic  production of 
Ukraine is afforded protection by Ukraine.  
Therefore, t his measure is inconsistent with Articles I ( inter alia Article I:1), III ( inter alia  
Article III:4), X ( inter alia Articles X:1, X:2) and XI ( inter alia Article XI:1) of the GATT 1994,  
Articles 1 ( inter alia Articles 1.2, 1.3, 1.4(a), 1.5, 1.6), 3 ( inter alia  Articles 3.2, 3.3, 3.4, 3.5), 5 
(inter alia 5.1, 5.2) of the Import Licensing Agreement, paragraphs 191, 192, 491, 499, 500 of the 
Working Party Report and paragraph 2 of Part I of  the Accession Protocol which incorporates 
commitments of Ukraine provided for in the mentioned paragraphs of the Working Party Report . WT/DS525/1 • G/L/1179 • S/L/414 • G/TBT/D/50 • G/LIC/D/52 • G/SPS/GEN/1549  
 
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  3. Law of Ukraine of 31 May 2016 No. 1389 -VIII «On Amendments to Subsection 5 of Section 
XX «Transitional Provisions» of  the Tax Code of Ukraine regarding the Promotion of Development 
of the Used Vehicles Market» (Law No. 1389 - VIII).  
The Law provides for reduction of the excise duty rates on used vehicles until 31 December 
2018. Like products from the Russian Federation a re excluded from the coverage of this Law and 
are not granted the same treatment as like products of any third country covered by the Law 
No. 1389 - VIII.  
The treatment provided for in the Law No. 1389 – VIII applies if:  
1. The motor vehicle is manufactured before 1 January 2010 ; 
2. The individual imports not more than one motor vehicle a year and does not dispose of the 
imported vehicle within 365 days from the date of its registration ; 
3. The motor vehicle does not originate from or is not imported from the Russi an Federation . 
HS Code  Excise Duty Rates according to the 
Law No. 1389 - VIII (not of Russian 
origin)  Excise Duty rates applied for 
regulated products of Russian 
origin  
Gasoline engines  
870321, 87032190 (with the 
volume not more than 1000cc)  0, 102 euro for 1 cc of engine 
cylinders volume  1, 094 –1, 438 euro  
870322, 87032290 (with the 
volume more than 1000cc, but not 
more than 1500 cc)  0,063 euro for 1 cc of engine 
cylinders volume  1, 367 –1, 761 euro  
870323, 87032390, 8703239011, 
8703239013 (with the v olume 
more than 1500cc, but not more 
than 2200 cc)  0,267 euro for 1 cc of engine 
cylinders volume  1, 643 –2, 441 euro  
8703239031, 8703239033(with the 
volume more than 2200 cc, but not 
more than 3000 cc)  0, 276 euro for 1 cc of engine 
cylinders volume  2, 213 -4, 985 euro  
870324, 87032490 (with the 
volume than 3000 cc)  2, 209 euro for 1 cc of engine 
cylinders volume  3, 329 -4, 985 euro  
Diesel and semidiesel engines  
870331, 87033190 (with the 
volume not more than 1500 cc)  0, 103 euro for 1 cc of engine 
cylinders volume  1, 367 - 1,761 euro  
870332, 87033290 (with the 
volume more than 1500 cc, but not 
more than 2500 cc)  0, 327 euro for 1 cc of engine 
cylinders volume  1, 923 – 2, 209 euro  
870333, 87033290 (with the 
volume than 2500 cc)  2, 209 euro for 1 cc of  engine 
cylinders volume  2, 779 – 2, 209 euro  WT/DS525/1 • G/L/1179 •  S/L/414 • G/TBT/D/50 • G/LIC/D/52 • G/SPS/GEN/1549  
 
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  Moreover, the measure was not published in a manner that would enable governments and 
traders to become acquainted with them. Interested persons were not granted an opportunity to 
comment on proposed regulatio n. No reasonable period of time between publication and the 
effective date of the regulation was allowed. The measure have not been duly notified to the WTO.  
Therefore, t his measure is inconsistent with Articles I ( inter alia Article I:1), II ( inter alia  
Articles II:1(a), II:1(b)) and X ( inter alia Article X:1, X:2) of the GATT 1994, paragraphs 115, 165, 
491, 499, 500 of the Working Party Report and paragraph 2 of Part I of the Accession Protocol 
which incorporates commitments of Ukraine provided for in the  mentioned paragraphs of the 
Working Party Report.  
4. Resolution of the Cabinet of Ministers of Ukraine of 11 September 2014 No. 829 -R 
«On Proposals for Application of Personal Special and Other Restrictive M easures» (Resolution 
No. 829-R). 
Resolution No. 829-R contains number of measures inconsistent with Ukraine’s obligations 
under WTO Agreement. The Resolution sets out a list of «personal economic and other restrictive 
measures» in respect of persons of the Russian Federation, including those provided fo r in the list 
attached to the Resolution, which is classified.  
In particular the Resolution prohibits capital movement from Ukraine for legal entities – 
residents of the Russian Federation, owners of public property, and legal entities whose share of 
autho rized capital is in the property of the Russian Federation. It also prohibits participation in 
privatization for residents of the Russian Federation and the persons directly or indirectly 
controlled by residents of the Russian Federation or acting on their  behalf. The assets of persons 
included in the classified list attached are blocked. It also provides for termination of issuance of 
permits and licenses for imports to Ukraine of national currency of Ukraine from the Russian 
Federation.  
In particular, th ese measures result in treatment granted to Russian services suppliers and 
their services less favourable than that provided to services suppliers and their services of any 
third country. Moreover, these measures establish restrictions on international tra nsfers and 
payments for current transactions and capital transactions. The measures also constitute market 
access limitations in respect of services suppliers of the Russian Federation and their services, in 
particular in the form of limitation on the numb er of services suppliers, limitation on total number 
of natural persons that may be employed in a particular services sector, limitation/restriction on 
specific type of legal entity or joint venture through which a services supplier may supply service, 
limitation on the participation of foreign capital in terms of maximum  percentage limit on foreign 
shareholding or the total value of individual or aggregate foreign investment. These measures also 
provide to services suppliers of the Russian Federation and their services treatment less favourable 
than that provided for to the services suppliers of Ukraine and their services.  
Moreover, these measures were not published in a manner that would enable governments 
and traders to become acquainted with them. Inte rested persons were not granted an opportunity 
to comment on proposed regulation. No reasonable period of time between publication and the 
effective date of the regulation was allowed. The measure have not been duly notified to the WTO.  
Therefore, these m easures are inconsistent with Article I (inter alia Article I :1), III  (inter alia 
Article III :4), X (inter alia Article X:1, X :2) and XI (inter alia Article XI :1) of the GATT 1994, 
Articles II (inter alia Articles II :1, II:2), III (inter alia  Articles III :1, III:3), XI, XVI, XVII  of the 
GATS as well as specific commitments undertaken by Ukraine as provided for in the Schedule of 
Specific Commitments reproduced in Annex I to the Accession Protocol as set out in paragraph 5 of 
Section II of the Accession Prot ocol, paragraphs 24, 115, 491, 499, 500 of the Working Party 
Report and paragraph 2 of Part I of the Protocol of the Accession of Ukraine which incorporates 
commitments of Ukraine provided for in the mentioned paragraphs of the Working Party Report . 
Furthe rmore, the Resolution No. 829 -R introduces additional measures in the area of 
environmental, sanitary, phytosanitary and veterinary control in respect of food, light industry 
products, cosmetic products and household chemicals originating from the Russian Federation. 
These measures are not introduced in respect of such products or persons engaged in imports of 
such products from any third country or from Ukraine. Taking into account the chapeaux of WT/DS525/1 • G/L/1179 • S/L/414 • G/TBT/D/50 • G/LIC/D/52 • G/SPS/GEN/1549  
 
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  paragraph 1 of the Resolution No. 829 -R these measures are not aimed at protection of human, 
animal or plant life or health. They constitute a restriction on imports that is not based on scientific 
evidence and provide for arbitrary and unjustified discrimination among Members. Moreover, the 
said chapeaux (as well  as modifications to this measure as described below) shows that the SPS 
and TBT system of the legislation of Ukraine as a whole as it is co nstructed in the 
Resolution  No. 829-R and provided for in the  Law of Ukraine of 14 August 2014  No. 1644-VII «On 
Sanctions»  is designed not for the purpose of protection of human, animal and plant life or health, 
but rather for the purpose of application of unjustified restrictions on international trade. These 
measures were not published in a manner that would enable gov ernments and traders to become 
acquainted with them. Interested persons were not granted an opportunity to comment on 
proposed regulation. No reasonable period of time between publication and the effective date of 
the regulation was allowed. The measure ha ve not been duly notified to the WTO.  
Therefore, these measures are also inconsistent with Article I (inter alia Article I :1), III 
(inter alia Article  III:4) and X (inter alia Article X:1, X :2) of the GATT 1994, Articles 2 , 3, 5, 7, 8, 
Annex B and Annex C of the SPS Agreement, Article 2, 4, 5 of the TBT Agreement, paragraphs 
115, 301, 303, 326 ,327, 491, 499,  500 of the Working Party Report.  
5. Law of Ukraine of 16 February 2016 No. 1005 -VIII «On Enactment of Certain Laws of 
Ukraine Aimed at the Improvement  of Privatization Process» (Law No. 1005 -VIII).  
Law No. 1005 – VIII introduces amendments to the Law  of Ukraine of 4 March 1992 
No. 2163 – XII «On Privatization of state property».  
Law No. 1005 -VIII prohibits participation in privatization of legal and phy sical persons – 
residents of the Russian Federation, as well as legal entities whose owners are the residents of the 
Russian Federation. Services suppliers of the Russian Federation and their services are granted 
treatment less favourable than that granted  to the services suppliers of Ukraine or any third 
country and their services.  
Moreover, the measure was not published in a manner that would enable governments and 
traders to become acquainted with them. Interested persons were not granted an opportunity  to 
comment on proposed regulation. No reasonable period of time between publication and the 
effective date of the regulation was allowed.  The measure have not been duly notified to the WTO.  
Therefore, this measure is inconsistent with Article II ( inter al ia Articles II:1, II:2) and III 
(inter alia Articles III:1, III:3) of the GATS, paragraphs 491, 499 and 500 of the Working Party 
Report  and paragraph 2 of Part I of the Accession Protocol  which incorporates commitments of 
Ukraine provided for in the mentio ned paragraphs of the Working Party Report .  
6. Decree of the Ministry of Economic Development and Trade of Ukraine of 28 April 2016 
No. 756 «On Application of Special Economic Sanctions – Temporary Suspension of  Foreign 
Economic Activity within the Terri tory of Ukraine – in Respect of Foreign Economic Entities» 
(Decree No. 756).  
Decree No. 756 prohibits certain Russian companies (business entities) to carry out 
economic activity within the Ukrainian territory. Consequently, direct consignments of goods of  
such companies from Russia to Ukraine are prevented. The products originating from Russia are 
not granted in respect of all rules and formalities in connection with importation, internal sale, 
offering for sale, purchase, transportation, distribution and use advantages, privileges and 
immunities granted by Ukraine to like products originating in any other country. Services suppliers 
of the Russian Federation and their services are granted treatment less favourable than that 
granted to the services supplier s of Ukraine or any third country and their services. Ukraine also 
failed to ensure that its laws and regulations relating to the right to import and to export goods 
and the implementation of such laws and regulations would be in full conformity with WTO 
obligations. The individuals and firms, based on their national origin, are prevented from being 
able to import and export products as importers or exporters of record, with no requirement of 
physical presence or investment in Ukraine.  
Moreover, the measure  was not published in a manner that would enable governments and 
traders to become acquainted with them. Interested persons were not granted an opportunity to WT/DS525/1 • G/L/1179 •  S/L/414 • G/TBT/D/50 • G/LIC/D/52 • G/SPS/GEN/1549  
 
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  comment on proposed regulation. No reasonable period of time between publication and the 
effectiv e date of the regulation was allowed. The measure have not been duly notified to the WTO.  
Therefore, this measure is inconsistent with Articles I  (inter alia Article  I:1), III ( inter alia  
Article III:4), X ( inter alia Articles X:1, X:2) and XI ( inter alia Article XI:1) of the GATT 1994, 
Articles II ( inter alia Articles II:1, II:2), III ( inter alia Articles III:1, III:3), XVI, XVII  of the GATS 
and specific commitments undertaken by Ukraine as provided for in the Schedule of Specific 
Commitments reproduced i n Annex I to Accession Protocol as set out in paragraph 5 of Section II 
of the Accession Protocol, paragraphs 115, 192, 491, 499, 500 of the Working Party Report and 
paragraph 2 of Part I of the Accession Protocol which incorporates commitments of Ukraine 
provided for in the mentioned paragraphs of the Working Party Report.  
7. Decree of the President of Ukraine of16 March 2017 No. 63/2017 «On Decision of the 
National Security and Defense Council of Ukraine of 15 March 2017 «On Application of Personal 
Specia l Economic and Other Restrictive Measures (Sanctions)» (Decree No. 63/2017) , Resolution 
of Board of the National Bank of Ukraine of 21 February 2017 No. 12 «On Amendments to Certain 
Regulations of the National Bank of Ukraine», Resolution of the  National B ank of Ukraine 
of 21 March 2017 No. 25 «On Amendments to Resolution the Nationa l Bank of Ukraine of  
1 October  2015 No. 654» and Resolution of the National Bank of  Ukraine of 1 November 2016 
No. 399 «On Amendments to Resolution the National Bank of Ukraine  of  1 October 2015 No. 654» 
and the Resolutions that were amended by the Resolution of 21 February 2017 No. 12.  
These acts prohibit certain Ukrainian credit institutions (banks with participation of Russian 
persons in the capital thereof), included in the  Annex to the Decree, transfers  and payments from 
the territory of Ukraine in favor of persons affiliated with such banks. Services suppliers of the 
Russian Federation in Ukraine and their services are granted treatment less favourable than that 
granted to  the services suppliers of Ukraine or of any third country and their services. Also cross -
border movement of capital is an essential part of the services that are supplied by the services 
suppliers of the Russian Federation that are covered by this measure . 
Moreover, the measure was not published in a manner that would enable governments and 
traders to become acquainted with them. Interested persons were not granted an opportunity to 
comment on proposed regulation. No reasonable period of time between publi cation and the 
effective date of the regulation was allowed. The measure have not been duly notified to the WTO.  
Therefore, this measure is inconsistent with Articles II ( inter alia Articles II:1, II:2), III 
(inter alia Articles III:1, III:3), XI, XVI XVII  of the GATS and specific commitments undertaken by 
Ukraine as provided for in the Schedule of Specific Commitments reproduced in Annex I to the 
Accession Protocol as set out in paragraph 5 of Section II of the Accession Protocol, paragraphs 
24, 491, 499, 500 of the Working Party Report and paragraph 2 of Part I of the Accession Protocol 
which incorporates commitments of Ukraine provided for in the mentioned paragraphs of the 
Working Party Report . 
8. Resolution of Board of the National Bank of Ukraine of 21 February 2017 No. 12 «On 
Amendments to Certain Regulations of the National Bank of Ukraine», Resolution of the National 
Bank of Ukraine of 21 March 2017 No. 25 «On Amendments to Resolution the National Bank of 
Ukraine of1 October 2015 No. 654» and Resoluti on of the National Bank of Ukraine of 1 November 
2016 No. 399 «On Amendments to Resolution the National Bank of  Ukraine of  1 October 2015 
No. 654».  
In addition to measures described above the Resolution of Board of the National Bank of 
Ukraine of 21 Febru ary 2017 No. 12  provides for procedure for the National Bank of Ukraine to 
refuse to issue individual licenses for carrying out currency transactions if the National Bank 
discovers that the operation attendant or person to or for whose benefit this operat ion is the 
resident of the Russian Federation.  
Moreover, the measure was not published in a manner that would enable governments and 
traders to become acquainted with them. Interested persons were not granted an opportunity to 
comment on proposed regulatio n. No reasonable period of time between publication and the 
effective date of the regulation was allowed. The measure have not been duly notified to the WTO.  WT/DS525/1 • G/L/1179 • S/L/414 • G/TBT/D/50 • G/LIC/D/52 • G/SPS/GEN/1549  
 
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  Therefore, this measure is inconsistent with Articles II ( inter alia Articles II:1, II:2), III 
(inter alia Articles III:1, III:3), XI, XVI, XVII of the GATS and specific commitments undertaken by 
Ukraine as provided for in the Schedule of Specific Commitments reproduced in Annex I to 
Accession Protocol as set out in paragraph 5 of Section II of the Acc ession Protocol, paragraphs 
24, 491, 499, 500 of the Working Party Report and paragraph 2 of Part I of the Accession Protocol 
which incorporates commitments of Ukraine provided for in the mentioned paragraphs of the 
Working Party Report . 
9. Resolution of th e Verhovna Rada of 12 February 2015 No. 185 – VIII «On the Temporary 
Accreditation Suspension of Journalists and Representatives of Certain Russian Mass Media by 
Public Authorities».  
Accreditation of all personnel of certain Russian mass media is suspended  making it 
impossible to supply respective services within the territory of Ukraine.  
Moreover, the measure was not published in a manner that would enable governments and 
traders to become acquainted with them. Interested persons were not granted an opport unity to 
comment on proposed regulation. No reasonable period of time between publication and the 
effective date of the regulation was allowed. The measure have not been duly notified to the WTO.  
Therefore, this measure is inconsistent with Articles II ( inter alia Articles II:1, II:2), III 
(inter alia Articles III:1, III:3), XVI, XVII  of the GATS and specific commitments undertaken by 
Ukraine as provided for in the Schedule of Specific Commitments reproduced in Annex I to the 
Accession Protocol as set out in paragraph 5 of Section II of the Accession Protocol, paragraphs 
491, 499, 500 of the Working Party Report and paragraph 2 of Part I of the Accession Protocol 
which incorporates commitments of Ukraine provided for in the mentioned paragraphs of the 
Workin g Party Report . 
10. Law of Ukraine of 5 February 2015 No. 159 -VIII and Law of Ukraine of 29 March 2016 
No. 1046 – VIII «On Amendments to Article 15 -1 of Law of U kraine «On Cinematography» 
(Law No. 159 -VIII).  
Law No. 159 -VIII prohibits distribution and demo nstration in Ukraine of motion pictures, TV 
programs, documentaries, serials, cartoon movies, and other video products produced in the 
Russian Federation after 1 August 1991 . 
This measure is inconsistent with Articles I (inter alia Article I:1) , III (inter alia Article III:4) , 
IV, X (inter alia Articles X:1, X:2)  and XI (inter alia Article X:1)   of the GATT 1994, Articles II 
(inter alia Articles II:1, II:2)  and III (inter alia Article  III:1, III:3) of the GATS, paragraphs 491, 
499, 500 of the Working Party Report and paragraph 2 of Part I of the Accession Protocol  which 
incorporates commitments of Ukraine provided for in the mentioned paragraphs of the Working 
Party Report .  
11. Decree of the President of Ukraine of 15 May 2017 No. 133/2017 «On Decision of t he 
National Security and Defense Council of Ukraine of 28 April 2017 «On Application of Personal 
Special Economic and Other Restrictive Measures (Sanctions)».  
In addition to a number of new WTO -inconsistent measures the decree consolidates certain 
measures  described above and in particular: blocking of assets (temporary restriction on personal 
right to use and dispose the property), ban on doing business, suspension of financial transactions, 
suspension of economic and financial obligations implementation ( prohibition to provide loans, 
financial assistance and guarantees; prohibition to issue credits through securities purchasing; 
prohibition of securities acquisition). Taking into account that Ukraine failed to fulfill its 
transparency obligations (inter al ia, prompt publication of a measure, provision of opportunity to 
comment on a proposed measure, notification requirements contained in the WTO Agreements, 
etc.) in respect of both this Decree and other legal acts described in this Request, the measures 
provided for in this Decree are also considered to be inconsistent with Ukraine’s other obligations 
under WTO Agreements and are covered by this Request in addition to those measures described 
above.  WT/DS525/1 • G/L/1179 •  S/L/414 • G/TBT/D/50 • G/LIC/D/52 • G/SPS/GEN/1549  
 
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  The prohibitions and other restrictive measures set out in the Decree, in particular in the 
column 3 ( "Type of Restrictive Measures ") of the Annexes to the Decree, are inconsistent with 
Ukraine’s obligations under Article I ( inter alia Article I:1), III ( inter alia Article III:4), V, X ( inter 
alia Articles X:1, X: 2), XI ( inter alia Article XI:1), XVII of the GATT 1994, Articles II ( inter alia 
Articles II:1, II:2), III ( inter alia Articles III:1, III:3), XI, XVI, XVII of the GATS as well as specific 
commitments undertaken by Ukraine as provided for in the Schedule o f Specific Commitments 
reproduced in Annex I to the Accession Protocol as set out in paragraph 5 of Section II of the 
Accession Protocol , paragraphs 24, 115, 165, 191, 192, 301, 303, 326, 327, 367, 491, 499, 500 of 
the Working Party Report and paragraph 2 of Part I of the Accession Protocol which incorporates 
commitments of Ukraine provided for in the mentioned paragraphs of the Working Party Report.  
12. In accordance with Article XVI:4 of the Marrakesh Agreement Establishing the World Trade 
Organization ea ch Member shall ensure the conformity of its laws, regulations and administrative 
procedures with its obligations as provided in the annexed Agreements. The instances mentioned 
above show that Ukrainian legislation as such independently from its applicatio n in specific cases 
breaches WTO Agreement.  
13. The numerous instances of violations by Ukraine of its WTO obligations as described above, 
the scale of such violations, the number of provisions of the WTO Agreements that Ukraine fails to 
comply with, the  persistence with which these violations are renewed and reconfirmed through 
amendment procedures show that in fact all these violations of the covered WTO Agreements are 
of systemic nature and should be treated as such.  
The measures described above should b e read in the li ght of the Law of Ukraine of 14 August 2014 
No. 1644-VII «On Sanctions » along with the statement of the Verhovna Rada of Ukraine of 
29 January 2015 No. 129 -VIII  in which the Russian Federation is declared by the Ukraine to be an 
Aggressor State.  
For each of the measures referred to above, this request also covers any annexes or 
schedules thereto, amendments, supplements, extensions, replacement measures, renewal 
measures, related measures, or implementing measures, inter alia measures other wise affecting 
the measures in question, including any measure that is adopted or maintained by Ukraine after 
the date of this Request in accordance with or pursuant to the Law of 14 August 2014 No. 1644-
VII, its letter  or spirit thereof and that affects t he trade between Russia and Ukraine . 
The measures of Ukraine above also appear to nullify or impair benefits accruing to the 
Russian Federation directly or indirectly under the cited agreements.  
The Russian Federation reserves the right to address addition al measures and claims in the 
course of consultations.  
The Russian Federation looks forward to receiving Ukrainian reply to this request for 
consultations in due course and to fixing a mutually acceptable date for consultations.  
 
__________