WT/DS512 /3 
 
10 February 2017  
(17-0899) Page: 1/6 
  Original: English  
 
 RUSSIA - MEASURES CONCERNING TRAFFIC IN TRANSIT  
REQUEST FOR THE ESTA BLISHMENT OF A PANEL  BY UKRAINE  
The following communication, dated 9 February 2017 , from the delegation of Ukraine  to the 
Chairperson of the Dispute Settlement Body, is circulated pursuant  to Article 6.2  of the DSU.  
 
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My authorities have instructed me to request the establishment of a panel pursuant to 
Articles 4.7 and 6 of the Understanding on Rules and Procedures Governing the Settlement of 
Disputes ("DSU")  and Article XX III of the General Agreement o n Tariffs and Trade 1994 
("GATT  1994")  concerning multiple restrictions on traffic in transit from the territory of Ukraine 
through the territory of the Russian Federation to third countries ("the restrictions on traffic in 
transit").  
On 14 September 2016, Ukraine requested consultations with the Russian Federation 
pursuant to Articles 1 and 4 of the DSU and Article XXII of the GATT 1994. This request was 
circulated on 21 September 2016 as document WT/D S512/1. On 23 September 2 016, 
a corrigendum was circulated as document WT/DS512/2. The consultations were held on 
10 November 2016 with a view to reaching a mutually agreed solution . Unfortunately, the 
consultations failed to settle the dispute.  
As a result, Ukraine respectfully r equests that a Panel be established pursuant to Articles 4.7 
and 6 of the DSU and Article XXIII of the GATT 1994 to examine this matter on the basis of the 
standard terms of reference as set out in Article 7.1 of the DSU.  
I. Background  
Since the applicatio n of the EU – Ukraine Deep and Comprehensive Free Trade Area  on 
1 January 2016 and the suspension by the Russian Federation of the Treaty on a  Free Trade 
Area between members of the  Commonwealth of Independent States with respect to Ukraine, the 
Russian Fe deration has adopted and implemented a number of measures vis-à-vis Ukraine which 
are inconsistent with its WTO obligations. In particular, the Russian Federation has adopted and 
applied various measures concerning traffic in transit from the territory of Ukraine (either 
originating or passing through the territory of Ukrain e) through the territory of 
the Russian Federation to third countries by means of road and rail transportation.  
In the sections below, Ukraine will identify the specific measures at issu e, by grouping them 
into two groups of measures. For each group of measures, Ukraine will summarize the legal basis 
for the complaint.  
II. First Group of Measures  
A. The Measures at Issue  
As of 1 January 2016, the Russian Federation has imposed – through D ecree of the 
President of the Russian Federation No. 1 and Resolution of the Government of the Russian WT/DS512/3  
 
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  Federation No. 1 – measures concerning traffic in transit from the territory of Ukraine to the 
territory of the Republic of Kazakhstan through the terri tory of the Russian Federation.  
Pursuant to Decree of the President of the Russian Federation No. 1, all international cargo 
transit by road and rail transport from the territory of Ukraine to the territory of the Republic of 
Kazakhstan through the territor y of the Russian Federation must be carried out exclusively from 
the territory of the Republic of Belarus.  
Transit of goods from the territory of Ukraine to the territory of the Republic of Kazakhstan 
through the territory of the Russian Federation must a lso comply with a number of additional 
restrictive conditions, i.e. (i) the application of special identification means (seals) including those 
functioning on the basis of the technology of global satellite nav igation system GLONASS and 
(ii) the use of cer tain registration cards for drivers when entering the territory of the Russian 
Federation, which must be kept during the trip and returned when leaving the territory of the 
Russian Federation at p ermanent or mobile checkpoints.  
Additionally, Decree of the President of the Russian Federation No. 319 of 1 July 2016, 
amending Decree of the President of the Russian Federation No. 1, has imposed a ban on all road 
and rail transit of goods which are subject to non -zero import duties according to the Common 
Custom s Tariff of the Eurasian Economic Union as well as of goods falling under the import ban 
pursuant to the Resolution of the Government of the Russian Federation No. 778 of 7 August 2014 
"On measures for implementation of the Decrees of the Presiden t of the Russian Federation 
No. 560 of 6 August 2014, No. 320 of 24 June 2015 and No. 305 of 29 June 2016".   
Decree of the President of the Russian Federation No. 319 has also extended all the 
above -mentioned measures to transit of goods from the territory of Ukra ine to the territory of the 
Kyrgyz  Republic through the territory of the Russian Federation. The Russian Federation has 
adopted several legal instruments to implement the above -mentioned measures, in particular in 
connection with the requirements of specia l identification means (seals) and the registration cards 
for drivers.  
Ukraine understands that the Russian Federation imposes these measures through the 
following legal instruments :  
- Decree of the President of the Russian Federation No. 1 of 1 January 20 16 "On measures to 
ensure economic security and national interests of the Russian Federation in international 
cargo transit from the territory of Ukraine to the territory of the Republi c of Kazakhstan or the 
Kyrgyz  Republic through the territory of the Rus sian Federation", as amended by Decree of the 
President of the Russian Federation No. 319 of 1 July 2016 "On amendments to the Decree of 
the President of the Russian Federation No. 1 of 1 January 2016 ‘On measures to ensure 
economic security and national i nterests of the Russian Federation in inter national cargo 
transit from the  territory of Ukraine to the territory of the Republic of Kazakhstan through the 
territory of the Russian Federation’", which was adopted in accordance with Federal Law of the 
Russia n Federation No. 281 -FZ of 30 December 2006 "On special economic measures";  
- Decree of the President of the Russian Federation No. 560 of 6 August 2014 "On the 
application of certain special economic measures to ensure security of the Russian Federation", 
as amended by Decrees of the President of the Russian Federation No. 320 of 24 June 2015 
and No. 305 of 29 June 2016 "On extension of certain special economic measures to ensure 
security of the Russian Federation";  
- Resolution of the Government of the Russ ian Federati on No. 778 of 7 August 2014 
"On measures for implementation of the Decrees of the Presiden t of the Russian Federation 
No. 560 of 6 August 2014, No. 320 of 24 June 2015 and No. 305 of 29 June 2016", as 
amended by the following Resolutions of the  Government of the Russian Federation: (i) 
Resolution No. 830 of 20.08.2014; (ii) Resolution No. 625 of 25.06.2015; (iii) Resolution No. 
842 of 13.08.2015; (iv) Resolution No. 981 of 16.09.2015; (v) Resolution No. 1397 of 
21.12.2015; (vi) Resolution No. 15 7 of 01.03.2016; (vii) Resolution No. 472 of 27.05.2016; 
(viii) Resolution No. 608 of 30.06.2016; (ix) Resolution No. 897 of 10.09.2016; and (x) 
Resolution No. 1086 of 22.10.2016;  WT/DS512/3  
 
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  - Resolution of the Government of the Russian Federation No. 1 of 1 January 20 16 
"On measures related to the implementation of the Decree of the President of the Russian 
Federation No. 1 of 1 January 2016 ‘On measures to ensure economic security and national 
interests of the Russian Federation in international cargo transit from the  territory of Ukraine 
to the territory of the Republic of Kazakhstan or the Kyrgyz Republic through the territory of 
the Russian Federation’", as amended by (i) Resolution of the Government of the Russian 
Federation No. 388 of 30 April 2016 "On introductio n of amendments to Appendix to the 
Resolution of the Government of the Russian Federation No. 1 of 1 January 2016"; and (ii) 
Resolution of the Government of the Russian Federation No. 732 of 1 August 2016 "On 
amendments to some acts of the Government of th e Russian Federation";  
- Resolution of the Government of the Russian Federation No. 147 of 27 February 2016 
"On approval of requirements to the identification means (seals) including the ones functioning 
on the basis of the technology of global satellite nav igation system GLONASS", as amended by 
Resolution of the Government of the Russian Federati on No. 732 of 1 August 2016 
"On amendments to some acts of the Government of the Russian Federation";  
- Order of JSC "Russian Railways" No.  529 of 28 March 2016 "On ap proval of the procedure for 
installing (removing) of the identification means (seals) operating on the basis of the 
technology GLONASS";  
- Resolution of the Government of the Russian Federation No. 276 of 6 April 2016 "On the 
procedure of exercising control over the international road and rail cargo transit from the 
territory of Ukraine to the territory of the Republic of Kazakhstan or the Kyrgyz Republic 
through the  territory of the Russian Federation", as amended by Resolution o f the Government 
of the Russi an Federation No. 732 of 1 August 2016 "On amendments to some acts of the 
Government of the Russian Federation";  
- Any amendments, supplements, replacements, extensions, implementing measures and any 
other measures related to the measures listed above.  
B. Legal Basis for the Complaint  
Ukraine considers that the measures identified in Section II.A are inconsistent wit h the 
following WTO provisions:  
- Article V:2 of the GATT 1994 and paragraph 2 of Part I of the Protocol on the Accession of the 
Russian Federation  (WT/MIN(11)/24 and WT/L/839) ( "the Accession Protocol ") which 
incorporates commitments in paragraph 1161 of the Report of the Working Party on the 
Accession of the Russian Federation  (WT/ACC/RUS/70 and WT/MIN(11)/2) ( "Working Party 
Report "), because, by requiring that transit from the territory of Ukraine to the Republic of 
Kazakhstan and the Kyrgyz Republic through the territory of the Russian Federation be carried 
out exclusively from the Republic of Belarus and by imposing a ban on transit of certain g oods, 
the Russian Federation denies freedom of transit through its territory via the routes most 
convenient for international transit, for traffic in transit from the territory of Ukraine and 
because, by requiring that transit from the territory of Ukraine  to the Republic of Kazakhstan 
and the Kyrgyz Republic through the territory of the Russian Federation be carried out 
exclusively from the Republic of Belarus, complies with specific requirements concerning seals 
and registration cards and by imposing a ba n on transit of certain goods, the Russian 
Federation makes distinctions based on the place of origin, departure, entry, exit or 
destination;  
- Article V:3 of the GATT 1994 and paragraph 2 of Part I of the Accession Protocol which 
incorporates commitments in  paragraph 1161 of the Working Party Report, because, by 
requiring that transit from the territory of Ukraine to the Republic of Kazakhstan and the 
Kyrgyz Republic through the territory of the Russian Federation be carried out exclusively from 
the Republic  of Belarus, complies with specific requirements concerning seals and registration 
cards and by imposing a ban on transit of certain goods, traffic in transit coming from the 
territory of Ukraine through the Russian Federation’s territory is subject to unn ecessary delays 
and restrictions;  WT/DS512/3  
 
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  - Article V:4 of the GATT 1994 and paragraph 2 of Part I of the Accession Protocol which 
incorporates commitments in paragraph 1161 of the Working Party Report, because the 
charges and regulations imposed by the Russian Fede ration, through the  measures identified 
in Section  II.A, on traffic in transit from the territory of Ukraine are not reasonable, having 
regard to the conditions of the traffic;  
- Article V:5 of the GATT 1994 and paragraph 2 of Part I of the Accession Protoco l which 
incorporates commitments in paragraph 1161 of the Working Party Report, because, since the 
measures identified in Section II.A only apply to transit from the territory of Ukraine, the 
Russian Federation fails to accord, with respect to charges, reg ulations and formalities, to 
traffic in transit from the territory of Ukraine treatment no less favourable than the treatment 
accorded to traffic in transit from any third country;  
- Article XI:1 of the GATT 1994 because, through the measures identified in S ection II.A, the 
Russian Federation maintains prohibitions or restrictions on the exportation or sale for export 
of products from Ukraine destined for the territory of other contracting parties.  
Ukraine also considers that the Russian Federation acted inco nsistently with the following 
WTO provisions:  
- Article X:1 of the GATT 1994 and paragraph 2 of Part I of the Accession Protocol which 
incorporates commitments in paragraphs 1161, 1426 and 1427 of the Working Party Report, 
because the measures identified in Section II.A have not been published promptly in such a 
manner as to enable the Ukrainian Government and traders to become acquainted with them;  
- Article X:2 of the GATT 1994 and paragraph 2 of Part I of the Accession Protocol which 
incorporates commitments  in paragraphs 1161, 1426, 1427 and 1428 of the Working Party 
Report, because Decree of the President of the Russian Federation No. 319 and Resolution of 
the Government of the Russian Federation No. 732 became effective and/or were enforced 
before being of ficially published;  
- Article X:3(a) of the GATT 1994 because the laws, regulations, decisions and rulings 
concerning traffic in transit as identified in Section II.A are not administered in a uniform, 
impartial and reasonable manner.  
III. Second Group of Measures  
A. The Measures at Issue  
The Russian Federation also imposes other measures concerning traffic in transit from the 
territory of Ukraine through the territory of the Russian Federation.  
First, since 30 November 2014, transit of goods subject to ve terinary and phytosanitary 
surveillance and which are included in the list approved by Resolution of the Government of the 
Russian Federation No. 778 of 7 August 2014 and subsequent amendments, is prohibited through 
the checkpoints of the Republic of Belar us. The list of goods subject to this transit prohibition 
includes but is not limited to: bovine meat, fresh pork, live fish, fish and crustaceans, milk and 
dairy products, vegetables, fruits and nuts, sausages and similar products, food or prepared food, 
salt and plant products. The entry of such goods destined for consignees in the Republic of 
Kazakhstan and third countries for their subsequent transit through the territory of the Russian 
Federation is only allowed through the checkpoints located at the R ussian part of the external 
border of the Customs Union.  
Furthermore, the transit of goods subject to the above -mentioned transit restriction to the 
Republic of Kazakhstan must take place upon permits issued by the Committee of Veterinary 
Control and Surv eillance of the Ministry of Agriculture of the Republic of Kazakhstan and indicating 
Russian checkpoints on the external border of the Customs Union, while the transit of the same 
goods to third countries can take place only upon permits issued by the Fede ral Service for 
Veterinary and Phytosanitary Surveillance of the Ministry of Agriculture of the Russian Federation 
("Rosselkhoznadzor "). WT/DS512/3  
 
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  Ukraine understands that these measures are imposed through, inter alia , the following 
documents:  
- Instructions of the F ederal Service for Veterinary and Phytosanitary Surveillance of the Ministry 
of Agriculture of the Russian Federation ( "Rosselkhoznadzor ") No. FS -NV-7/22886 
of 21 November 2014;  
- Instructions of the Federal Service for Veterinary and Phytosanitary Surveilla nce of the Ministry 
of Agriculture of the Russian Federation ( "Rosselkhoznadzor ") No. FS -AS-7/22903 
of 21 November 2014;  
- Any additional measures that prolong, replace, amend, implement, extend or apply the 
measures at issue, as well as other related measur es (including but not limited to measures 
related to veterinary and phytosanitary surveillance) adopted by the Russian Federation.  
As a result of the restrictions imposed by these Instructions combined with the restrictions 
imposed by Decree No. 1, the goo ds falling within the scope of these Instructions are prohibited 
for transit from the territory of Ukraine through the territory of the Russian Federation to the 
territory of the Republic of Kazakhstan and the Kyrgyz Republic.  
Second , the Russian Federatio n also imposes restrictions on the traffic in transit from the territory 
of Ukraine through the territory of the Russian Federation to countries in Central and Eastern Asia 
and Caucasus other than the Republic of Kazakhstan and the Kyrgyz Republic by de facto applying 
Decree No. 1 and Resolution No. 1 to transit from the territory of Ukraine to third countries other 
than the Republic of Kazakhstan and the Kyrgyz Republic.  
Third, due to the fundamental lack of transparency concerning some of the measures at issue and 
the Russian Federation’s failure to observe the transparency and publication obligations of the 
GATT 1994 and of its Accession Protocol, this Panel Request also covers any other related 
measures adopted and/or applied by the Russian Federation co ncerning traffic in transit from the 
territory of Ukraine to countries in Central/Eastern Asia and Caucasus through the territory of the 
Russian Federation, including measures that implement, complement, add to, apply, amend or 
replace any of the measures mentioned in  Section II.A or Section III.A.  
B. Legal Basis for the Complaint  
Ukraine considers that the measures identified in Section III.A are inconsistent with the 
following WTO provisions:  
- Article V:2 of the GATT 1994 and paragraph 2 of Part I of the A ccession Protocol which 
incorporates commitments in paragraph 1161 of the Working Party Report, because, through 
the different measures identified in Section III.A, the Russian Federation denies freedom of 
transit through its territory via the routes most convenient for international transit, for traffic 
in transit from the territory of Ukraine and because it makes distinctions based on the place of 
origin, departure, entry, exit or destination;  
- Article V:3 of the GATT 1994 and paragraph 2 of Part I of the Accession Protocol which 
incorporates commitments in paragraph 1161 of the Working Party Report, because, through 
the different measures identified in Section III.A, traffic in transit coming from the territory of 
Ukraine through the Russian Federation’s t erritory is subject to unnecessary delays and 
restrictions;  
- Article V:4 of the GATT 1994 and paragraph 2 of Party I of the Accession Protocol which 
incorporates commitments in paragraph 1161 of the Working Party Report, because, through 
the different measu res identified in Section III.A, the charges and regulations imposed by the 
Russian Federation on traffic in transit from the territory of Ukraine are not reasonable, having 
regard to the conditions of the traffic;  
- Article V:5 of the GATT 1994 and paragrap h 2 of Part I of the Accession Protocol which 
incorporates commitments in paragraph 1161 of the Working Party Report, because, through WT/DS512/3  
 
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  the different measures identified in Section III.A, the Russian Federation fails to accord, with 
respect to charges, regu lations and formalities to traffic in transit from the territory of Ukraine 
treatment no less favourable than the treatment accorded to traffic in transit from any third 
country;  
- Article XI:1 of the GATT 1994 because, through the different measures identif ied in Section 
III.A, the Russian Federation maintains prohibitions or restrictions on the exportation or sale 
for export of products from Ukraine destined for the territory of other contracting parties.  
Ukraine considers that the Russian Federation also a cted incons istently with the following 
WTO provisions:  
- Article X:1 of the GATT 1994 and paragraph 2 of Part I of the Accession Protocol which 
incorporates commitments in paragraphs 1161, 1426 and 1427 of the Working Party Report, 
because the measures conce rning transit of goods from the territory of Ukraine to countries 
other than the Republic of Kazakhstan and the Kyrgyz Republic through the territory of the 
Russian Federation made effective by the Russian Federation have not been published 
promptly in suc h a manner as to enable the Ukrainian Government and traders to become 
acquainted with them;  
- Article X:2 of the GATT 1994 and paragraph 2 of Part I of the Accession Protocol which 
incorporates commitments in paragraphs 1161, 1426, 1427 and 1428 of the Wor king Party 
Report, because the Russian Federation has enforced and/or made effective measures of 
general application including measures concerning the transit of goods from the territory of 
Ukraine to countries other than the Republic Kazakhstan and the Ky rgyz Republic through the 
territory of the Russian Federation before such measures were officially published;  
- Article X:3(a) of the GATT 1994 because the Russian Federation fails to administer in a 
uniform, impartial and reasonable manner all its laws, reg ulations, decisions and rulings 
concerning traffic in transit as identified in Section III.A.  
These violations nullify or impair benefits accruing to Ukraine directly or indirectly under the 
covered agreements within the meaning of Ar ticle XXIII:1 of the G ATT 1994.  
Ukraine asks that this request be placed on the agenda for the meeting of the Dispute 
Settlement Body expected to be held on 20  February 2017.  
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