RESTRICTED  
  
GPA/ACC/UKR/9  
 
7 March 2014  
(14-1404)  Page: 1/13  
Committee on Government Procurement  Original: English  
 
 ACCESSION TO THE AGREEMENT ON GOVERNMENT  
PROCUREMENT OF UKRAINE 
COMMUNICATION FROM UKRAINE 
Revised offer 
The following communication, dated 5 March 2014, is being circulated at the request of the 
Delegation of Ukraine. 
 
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RESPONSES BY UKRAINE TO REQUESTS REGA RDING THE PREVIOUS INITIAL OFFER OF 
UKRAINE ON ITS ACCESSION TO THE AGREEMENT ON GOVERNMENT PROCUREMENT 
1.  Ukraine has considered requests from the GPA Parties (the European Union; the United States; 
the member countries of EFTA; the Separate Cu stoms Territory of Taiwan, Penghu, Kinmen and 
Matsu; Canada; Hong Kong, China; Japan; the Repu blic of Korea; and Singapore) to the previous 
Initial Offer of Ukraine and appreciates great interest to the Ukrainian Offer. 
2.  After consideration of these requests, Ukraine provides a revised offer, that takes into account 
most of the countries' comments (please find attached). 
3.  At the same time, Ukraine provides answers to the unaccounted comments.  
a. Currently, it is not possible for Ukraine to reduce the thresholds in Annex 3, as 
procurement undertaken by entities, enterprises and organization, as defined in Annex 3, is regulated in accordance with the Law of Ukraine "On peculiarities of public 
procurement in certain spheres of entrepreneurial activities". Thresholds which are 
applied in accordance with this law equal 5 million hryvnias, which in equivalent expression roughly correspond to 500 000 SDR.  
Besides, a thorough analysis of GPA me mbers' Annexes demonstrated that the 
determined thresholds are not the same for all countries.  
b. Ukraine is considering a possibility of reduction of the list of exceptions, set out in 
Annex 7, to bring Ukraine's final offer to conformity with GPA standards.  
c. Official statistics on procurement of goods, works and services, included in Annex 7, is 
not available because these procurements are made without applying of the Law of Ukraine "On Public Procurement" and are not monitored. 
d. Ukraine is ready to provide more information and comments to member states of the 
GPA at bilateral meetings. GPA/ACC/UKR/9 
 
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  REVISED APPENDIX I OFFER OF UKRAINE* 
ANNEX 1 
ENTITIES AT CENTRAL GOVERNMENT LEVEL 
Threshold:  
 
Goods (specified in Annex 4)      SDR 130,000 
 
Services  (specified in Annex 45)     SDR 130,000 
 
Construction Services  (specified in Annex 56)   SDR 5,000,000 
 
 
List of Entities:  
1. Bodies, authorized by the Parliament of  Ukraine, President of  Ukraine and Cabinet 
of Ministers of Ukraine to administrate their activity. 
 
2. Ministries, other central bodies of th e executive branch, governmental bodies 
created in the system of the centra l bodies of the executive branch. 
 
3. The Constitutional court of Ukraine, the Supreme 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 ma in spending units of state budget funds, 
according to the Ukrainian legislation (e.g. the National bank, Anti-monopoly 
Committee, Accounting Chamber, etc.). 
 
National academy of sciences of Ukrain e and pectoral academies of sciences. 
 
1. Office of the Verkhovna Ra da (Parliament) of Ukraine; 
2. The Secretariat of Council of Ministers 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. Council for National Security and Defense of Ukraine; 
8. Constitutional Court of Ukraine; 
9. The Supreme Court of Ukraine; 
10. Supreme Administrative Court of Ukraine; 
11. Supreme Economic Court of Ukraine; 
12. High Specialized Court of Ukra ine for Civil and Criminal Cases; 
13. Pension Fund of Ukraine; 
14. Ministry of Agrarian Po licy and Food of Ukraine; 
15. Ministry of Internal  Affairs of Ukraine; 
16. Ministry of Revenue and Duties of Ukraine; 
17. Ministry of Ecology and Na tural Resources of Ukraine; 
18. Ministry of Economic Development and Trade of Ukraine; 
19. Ministry of Energy and Coal Industry of Ukraine; 
20. Ministry of Foreig n Affairs of Ukraine; 
21. Ministry of Infrastructure of Ukraine; 
22. Ministry of Culture of Ukraine; 
23. Ministry of Youth and Sport of Ukraine; 
                                               
* In English only. GPA/ACC/UKR/9 
 
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  24. Ministry of Defence of Ukraine; 
25. Ministry of Education and Science of Ukraine; 
26. Ministry of Healt hcare of Ukraine; 
27. Ministry of Industri al Policy 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 Fi nance of Ukraine; 
31. Ministry of Justice of Ukraine; 
32. State Administration for Courts of Ukraine; 
33. State Aviation Admini stration of Ukraine; 
34. State Archival Service of Ukraine; 
35. State Veterinary and Phytosanitary 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 Assay Service of Ukraine; 
41. State Registration Service of Ukraine; 
42. State Sanitary and Epidemio logical Service of Ukraine; 
43. State Service of Geology and Mineral Resources of Ukraine; 
44. State Service of Mining Supervision and Industrial Safety of Ukraine; 
45. State Service of Export Control of Ukraine; 
46. State Service for Disabled and Veterans of Ukraine; 
47. State Employment Service of Ukraine; 
48. State Intellectual Prop erty Service of Ukraine; 
49. State Statistics Service of Ukraine; 
50. State Service on Drug Control of Ukraine; 
51. State Service of Ukraine on medicine (drugs); 
52. State Service of Ukraine of Emergencies; 
53. State Service of Ukraine on protection of personal data; 
54. State Service of Ukraine on AIDS and Other Socially Dangerous Diseases; 
55. State Service of Ukraine for Regulatory  Policy and Entrepreneurship Development; 
56. State Service for Financial Monitoring of Ukraine; 
57. State Agency of Roads of Ukraine; 
58. State Water Resources Agency of Ukraine; 
59. State Agency of Ukraine for Ecological Investments ; 
60. State Agency on Energy Efficiency and Energy Saving of Ukraine; 
61. State Agency for Investment an d National Projects of Ukraine; 
62. State Agency on Science, Innovati ons and Informatisation of Ukraine; 
63. State Agency of Land Resources of Ukraine; 
64. State Agency of Forest Resources of Ukraine; 
65. State Agency of Reserves of Ukraine; 
66. State Agency of Fisheries of Ukraine; 
67. State Agency of Ukraine for Cinema; 
68. State Agency of Ukraine for Tourism and Resorts; 
69. The State Agency of Ukraine for an  Exclusion Zone (Chernobyl zone); 
70. State Space Agency of Ukraine; 
71. State Architectural and Constr uction Inspection of Ukraine; 
72. State Environmental Inspection of Ukraine; 
73. State Inspection of Education in Ukraine; 
74. State Inspection for Agriculture of Ukraine; 
75. State Inspection of Ukraine on Security in Maritime and River Transport; 
76. State Inspection of Ukrain e on Land Transport Security; 
77. State Inspection of Ukraine on Price Control; 
78. State Inspection of Ukraine on Consumer Protection; 
79. State Inspection of Ukraine on Labour; 
80. State Inspection of Nucl ear Regulation of Ukraine; 
81. State Financial Insp ection of Ukraine; 
82. Administration of the State Border Guard Service of Ukraine; 
83. National Agency on Preparation and Holding in Ukraine of EURO 2012 Football and 
Implementation of Infrastructure Projects; GPA/ACC/UKR/9 
 
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  84. State Committee for Television an d Radio Broadcasting of Ukraine; 
85. State Property Fund of Ukraine; 
86. Administration of the State Service for Special Communication and Information 
Protection of Ukraine; 
87. National Agency of Ukraine on Civil Service; 
88. National Council on Television and Radio of Ukraine; 
89. National Commission for the Stat e Regulation of Communications and 
Informatization of Ukraine; 
90. National Commission for the State Regulation of Energy of Ukraine; 
91. National Commission on Securiti es and Stock Market of Ukraine; 
92. National Commission for the State Regula tion of Financial Services Markets of 
Ukraine; 
93. National Commission for the State Regula tion of Communal Utilities of Ukraine; 
94. Social Insurance Fund for Temporary Disability; 
95. Social Insurance Fund for Industrial Accidents; 
96. Security Service of Ukraine; 
97. Central Election Commission; 
98. National Academy of Sciences of Ukraine; 
99. National Academy of Medical Sciences of Ukraine; 
100. National Academy of Agricu ltural Sciences of Ukraine; 
101. Vinnytsia Province State Administration; 
102. Volyn Province State Administration; 
103. Dnipropetrovsk Province State Administration; 
104. Donetsk Province State Administration; 
105. Zhytomyr Province State Administration; 
106. Transcarpathian Province State Administration; 
107. Zaporizhzhya Province  State Administration; 
108. Ivano-Frankivsk Province State Administration; 
109. Kyiv Province State Administration; 
110. Kirovohrad Province  State Administration; 
111. Luhansk Province State Administration; 
112. Lviv Province State Administration; 
113. Mykolayiv Province State Administration; 
114. Odessa Province State Administration; 
115. Poltava Province State Administration; 
116. Rivne Province State Administration; 
117. Sumy Province State Administration; 
118. Ternopil Province State Administration; 
119. Kharkiv Province State Administration; 
120. Kherson Province State Administration; 
121. Khmelnytsky Province State Administration; 
122. Cherkasy Province State Administration; 
123. Chernivtsi Province  State Administration; 
124. Chernihiv Province State Administration. 
 
Notes to Annex 1  
1. This Agreement shall not apply to any procurem ent made by The National Bank of Ukraine 
related to the sale, redemption and distribution of public debt, including loans and government 
bonds and other securities. 
2. The conditions specified in the General No tes apply to this Annex. This Agreement 
shall apply to any procurement made by agen cies subordinated to above listed entities. 
 GPA/ACC/UKR/9 
 
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  ANNEX 2 
ENTITIES AT SUB-CENTRAL GOVERNMENT LEVEL 
Threshold:  
 
Goods (specified in Annex 4)      SDR 200,000 
 
Services  (specified in Annex 45)     SDR 200,000 
 
Construction Services  (specified in Annex 56)   SDR 5,000,000 
 
 
List of Entities: 
 1. Bodies of executive branch (in the regions, the regions of the Autonomous 
Republic of Crimea, in the cities of Kiev and Sevastopol): 
 
- local state administrations; 
 - departments of Ministries and of the ot her central bodies of executive branch. 
 
2. Regional and local public authorities (e .g. oblast, raion, misto, raion u misti, 
selysche, selo): 
 
- executive bodies and secretariats of local councils. 
 3. Bodies, which ensure functioning of the Autonomous Republic of Crimea: 
 
- of the Parliament of the Autonomous Republic of Crimea; 
 
- of the Council of Ministers of the Autonomous Republic of Crimea; 
 
- of the ministries and other state bodies of the Autonomous Republic of Crimea. 
 
4. Other budget entities whic h are financed by state or local budgets in accordance 
with the Law of Ukraine "On Public Procurement". 
 
1. The Council of Ministers and the executiv e authorities of the Autonomous Republic 
of Crimea; 
2. Vinnytsia Province Council; 
3. Volyn Province Council; 
4. Dnipropetrovsk Province Council; 
5. Donetsk Province Council; 
6. Zhytomyr Province Council; 
7. Transcarpathian Province Council; 
8. Zaporizhzhya Province Council; 
9. Ivano-Frankivsk Province Council; 
10. Kyiv Province Council; 
11. Kirovohrad Province Council; 
12. Luhansk Province Council; 
13. Lviv Province Council; 
14. Mykolayiv Province Council; 
15. Odessa Province Council; 
16. Poltava Province Council; 
17. Rivne Province Council; 
18. Sumy Province Council; 
19. Ternopil Province Council; 
20. Kharkiv Province Council; GPA/ACC/UKR/9 
 
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  21. Kherson Province Council; 
22. Khmelnytsky Province Council; 
23. Cherkasy Province Council; 
24. Chernivtsi Province Council; 
25. Chernihiv Province Council; 
26. Municipality of Kiev; 
27. Municipality of Sebastopol; 
28. Municipality of Simferopol; 
29. Municipality of Vinnytsia; 
30. Municipality of Dnipropetrovsk; 
31. Municipality of Donetsk; 
32. Municipality of Zhytomyr; 
33. Municipality of Zaporizhzhya; 
34. Municipality of Ivano-Frankivsk; 
35. Municipality of Kirovohrad; 
36. Municipality of Luhansk; 
37. Municipality of Lutsk; 
38. Municipality of Lviv; 
39. Municipality of Mykolayiv; 
40. Municipality of Odessa; 
41. Municipality of Poltava; 
42. Municipality of Rivne; 
43. Municipality of Sumy; 
44. Municipality of Ternopil; 
45. Municipality of Uzhgorod; 
46. Municipality of Kharkiv; 
47. Municipality of Kherson; 
48. Municipality of Khmelnytsky; 
49. Municipality of Cherkasy; 
50. Municipality of Chernivtsi; 
51. Municipality of Chernihiv. 
 
Note to Annex 2 
 
 The conditions specified in the General Notes apply to this Annex. GPA/ACC/UKR/9 
 
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  ANNEX 3 
OTHER 
Threshold:  
 
Goods (specified in Annex 4)      SDR 500,000 
 
Services  (specified in Annex 45)     SDR 500,000 
 
Construction services  (specified in Annex 56)   SDR 5,000,000 
 
 
List of Entities: 
 Entities, enterprises and organization that operate in accordance with the Law of Ukraine "On 
peculiarities of public procurement in certain spheres of entrepreneurial activities". 
  
Notes to Annex 3 
 
The conditions specified in the General Notes apply to this Annex. 
 
1. This list of entities shall be published in  Procurement official electronic web-portal: 
http://www.tender.me.gov.ua . 
 
2. This Agreement shall not apply to contra cts which a contracting entity awards to 
an affiliated undertaking.  GPA/ACC/UKR/9 
 
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  ANNEX 4 
GOODS 
The Agreement applies to all goods procured by the entities listed in Annexes 1 to 3. GPA/ACC/UKR/9 
 
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  ANNEX 45 
SERVICES 
1. The Agreement applies to all services procured by the entities listed in Annexes 1 to 3. 
 
2. Services as contained in document MTN. GNS/W/120 are offered  (others being excluded) . 
 
Notes to Annex 4 
 1. The offer regarding services is subject to  the limitations and conditions specified in 
Ukraine's offer under the GATS negotiations. 
 
2. The conditions specified in the General Notes apply to this Annex. GPA/ACC/UKR/9 
 
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  ANNEX 56 
CONSTRUCTION SERVICES 
1. The Agreement applies to all construction se rvices procured by the entities listed in 
Annexes 1 through to 3. 
 
2. Services as contained in document MTN. GNS/W/120 are offered (others being 
excluded). All construction services liste d in Division 51 of the Central Product 
Classification (CPC) are covered.  
 
 Threshold   SDR 5,000,000 for entities as set out in Annexes 1 to 3. 
 
 List of construction services offered: 
 CPC   Description 
 
512   General construction work for building 
513   General construction work for civil engineering 
514, 516  Installation and assembly work 
517   Building completion and finishing work 
511, 515, 518  Others 
 
 
Notes to Annex 5 
 
1. The offer regarding services is subject to  the limitations and conditions specified in 
Ukraine's offer under the GATS negotiations. 
 
2. The conditions specified in the General Notes apply to this Annex. 
 GPA/ACC/UKR/9 
 
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  ANNEX 67 
GENERAL NOTES 
1. This Agreement does not apply to proc urement conducted: The General Notes 
apply to all Annexes.  
 
(a) for the specific purpose of providing in ternational assistance and relating to the 
joint implementation by the sign atory countries of a project; 
 
(b) under the particular procedure or condit ion of an international agreement relating 
to the stationing of troops; 
 
(c) under the particular procedure or condit ion of an international organization, or 
funded fully or partly by international grants where the applicable procedure or 
condition would be inconsistent with this Agreement. 
 
2. This Agreement does not apply to procurement of goods, services, or any 
combination thereof with a view to commer cial sale or resale, or for use in the 
production or supply of goods or services fo r commercial sale or resale under condition 
that the relevant procuring entity has no sp ecial or exclusive right to sell, and other 
entities are free to sell the same under the same conditions as the procuring entity. 
 
3. This Agreement does not apply to the acquisition or rental of land, existing 
buildings or other immovable prop erty or the rights thereon. 
 
42. The offer regarding goods, services and constructions services is subject to the limitations 
and conditions specified in Ukraine's offer under the GATT and GATS negotiations. 
 
53. Until such time as there is a mutually agreed list of goods and services to be covered by all 
Parties, a service listed in Annexes 4 , 5 and 56 is covered with respect to a particular Party only 
to the extent that such Party has provided reciprocal access to that service. 
 
64. This Agreement shall not apply to the following procurement: 
 
(1) goods and services related to design developm ent, production of secured paper, banknotes, 
coins and state awards, storage, transportation and record-keeping thereof; 
 (2) services procured by state-owned banks an d banks with the state involvement in their 
capitalization solely for the purposes of performing banking transactions in accordance with the 
Law of Ukraine "On Banks and Banking";  (3) goods, works services and construction services procured by procuring entities located 
outside Ukraine; 
 (4) goods, works services and construction services which procurement is classified as a 
state secret in accordance with the Law of Ukraine "On State Secrets"; 
 (5) goods, services necessary for government borrowin gs, servicing and repayment of 
government debt; and  
 
(6) goods, works and construction services procured for preparation and holding elections 
and referendums in Ukraine; 
 
(76) public healthcare services to be provided under a contract made pursuant to the Law of 
Ukraine "On the Procedure of Reforming the Heal thcare System in Vinnytsia, Dnipropetrovsk, 
Donetsk regions and the city of Kyiv"; 
 GPA/ACC/UKR/9 
 
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  (87) goods, works services and construction services to be procured in accordance with the 
program mes of the Global Fund to Fight AIDS, Tuberculosis and Malaria in Ukraine being 
implemented pursuant to the law; 
 
(98) goods and services related to Ukraine's National Bank's operations in ensuring management 
and placement of gold and foreign currency reserv es, sale and purchase of securities on the 
secondary market, making foreign currency interventions through sale and purchase of currency 
on currency markets; 
 (10) services of leasing of non-dwelling pr emises owned by the state or community to 
host budget institutions; 
 
(119) legal services associated with protection of Ukraine's rights and interests during settlement 
of disputes, hearing of cases involving a foreign party and Ukraine before authorities of foreign 
jurisdictions; 
 (1210 ) objects of the state price control and services  procured by the Agrarian Fund pursuant to 
the Law of Ukraine "On the State Support of Agriculture of Ukraine"; 
 (1311 ) goods procured by the State Agency of Reserves of Ukraine and its enterprises by making 
sales contracts, futures, forward contracts on the exchanging market (commodities, stock 
exchanges) only pursuant to the nomenclature appr oved by the Cabinet of Ministers of Ukraine in 
accordance with the procedure established by the law;  
(1412 ) goods to be sold pursuant to the Law of Ukraine "On State Material Reserve" which are 
procured by budget funds administrators. The term s and conditions of such sale shall be defined 
by the Cabinet of Ministers of Ukraine; 
 
(1513 ) air transport services for persons which are gu arded by the state pursuant to Article 5 and 
Article 6, Part One, of the Law of Ukraine "On St ate Guarding of State Authorities of Ukraine and 
Officials"; 
 
(1614 ) demolition works on arbitrarily constructed objects in accordance with Article 38 of the Law 
of Ukraine "On regulation of urban activity"; 
 
(1715 ) services on regulation and standardization in construction; 
 
(1816 ) goods, works services and construction services to be procured by higher educational 
establishments and research institutions with their own proceeds; 
 (1917 ) natural gas; services in natural gas transportation (including movement, freighting, 
insurance, discharge/loading, quantity and qualit y inspections), distribution, supply, storage; 
financial instruments, operations with derivative s and risk management, financial services, stock 
exchange, auction services, electronic trading systems and other services to be used in 
international trading and financial practice during natural gas procurement and selling which are to 
be procured by an entity authorized by the Cabi net of Ministers of Ukraine to form natural gas 
reserves for customers in Ukraine, including public needs; 
 
(2018 ) goods as specified in the list of equipment for airplanes or helicopters and as listed in the 
specification of materials and units for aircraft motors listed in developer's construction 
documents; 
 
(2119 ) services to train ing specialists, research, research and teaching staff and workers, to 
improve qualification or retrain ing staff (postgraduate education) under a government contract; 
 
(2220 ) goods, works services and construction s e r v i c e s  t o  b e  p r o c u r e d  a s  a  p a r t  o f  
implementation of special-purpose environment (gr een) investment projects and proposals to take 
steps associated with implementation of such projects and performance of obligations of the 
parties to Kyoto Protocol to the UN Framework Convention on Climate Change with funds received from the sale of parts of greenhouse gas emission quota;  GPA/ACC/UKR/9 
 
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  (23) purchase, lease of land, buildings, other immovable property or property rights to 
land, buildings, other immovable property; 
 
(2421 ) services of arbitration courts, arbitrations for consideration and resolution of disputes in 
which a procuring entity is involved; 
 (2522 ) goods and services to be procured directly for temporary engagement of teams of artists 
and performers as well as cultural-and-art and tourist events and festivals of social and political, 
cultural or historical importance provided the urgency and feasibility of such events is determined by the decrees and orders of the President of Ukra ine or resolutions of the Cabinet of Ministers of 
Ukraine; 
 
(2623 ) feed for circus animals; 
 
(2724 ) goods and services required for new performa nces (concerts), manufacturing (creation) of 
original film materials, audiovisual works; 
 
(2825 ) services in transportation by air, by road, catering organization, accommodation, 
maintenance of sports facilities, special facilitie s and equipment of places for training camps, 
sports contents and events of the national and international level, medicinal and pharmaceutical products for national teams of Ukraine; 
 
(2926 ) financial services to be provided in connection with issue, purchase, sale, transfer of 
securities or other financial instruments; 
 
(3027 ) securities, shares (interests, equity shares) in  the authorized (share) capital of a business 
entity; 
 
(3128 ) educational services to be provided by foreign higher educational establishments and 
research institutions to students, graduate students, research and research-and-teaching staff 
outside Ukraine; 
 
(3229 ) services in implementation of research, research and technical activities which are financed 
on a competitive basis in the manner prescribed by Article 34 of the Law of Ukraine "On Research 
and Research and Technical Activities"; 
 (3330 ) goods, works services and construction services to be procured by the Natural Persons' 
Deposit Guarantee Fund. 
 
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