RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/UKR/85
5 December 2000
(00-5256)
Working Party on the
Accession of UkraineOriginal:  English
ACCESSION OF UKRAINE
Compliance Analysis of Ukrainian Trade-Related Legislation
with Requirements of WTO Agreements
The Governmental Commission on Ukraine's Accession to the WTO has submitted the
following information with the request that it be  circulated to members of the Working Party.
_______________WT/ACC/UKR/85
Page 2Ukrainian laws and regulationsStatus of the law (regulation) compliance with requirements of the WTO agreements and
proposals on harmonisation
GENERAL AGREEMENT ON TARIFFS AND TRADE – 1994
1. The Law of Ukraine “On Foreign Economic Activity” of 16 April 1991 
No. 959-XII;
2. The Law of Ukraine “On Regulation of Commodity Exchange (Barter)
Transactions in Foreign Economic Activity” of 23 December 1998 No. 351-ХІУ;
3. The Law of Ukraine “On the Application of Safeguard Measures Against
Imports to Ukraine” No.332-XIV, of 22 December 1998;
4. The Law of Ukraine “On Give-and-Take Raw Materials Transactions in
Foreign Economic Activity” of 15 September 1995 No.327/95-SR; and
5. Decree of the President of Ukraine “On the Extension of Time Limits for the
Import of Products Imported by Tire and Rubber and Asbestos Plants WithinBarter Transactions” No. 399/96 of 5 June 1996.1. Non-compliant in terms of procedures applicable to standards and requirements
identification; special import procedures; special economic zones; settlement ofdisputes arisen in connection with foreign trade transactions in terms of non-existentclear criteria for application of licenses an d quotas to foreign trade transactions.
2. Compliant.
3. Compliant.
4. Compliant.
5. Compliant.
1. The Law of Ukraine “On Value Added Tax”;
2. The Law of Ukraine “On Enterprises in Ukraine”;
3. The Law of Ukraine “On Entrepreneurship”;
4. The Law of Ukraine “On Excise and Import Duty Rates for Tobacco Products”
of 19 November 1999, No. 1246- ХІУ;
5. The Law of Ukraine “On Excise and Import Duty Rates for Ethyl Spirit and
Alcoholic Beverages” of 7 May 1996 No.178/96;
6. The Law of Ukraine “On Amendment of the Law of Ukraine “On Excise and
Import Duty Rates for Certain Goods (Produce)” of 5 May 1999 No. 620-XIV;
7. The Law of Ukraine “On Amendment of the Law of Ukraine “On Excise and
Import Duty Rates for Ethyl Spirit and Alcoholic Beverages” of 14 July 1999No. 929-XIV;
8. The Law of Ukraine “On Amendment of Certain Legislative Acts of Ukraine
on Taxation of Excisable Goods (Produce)” of 4 November 1999 No. 1214-
ХІV;
9. Decree of the President of Ukraine “On Certain Changes in Taxation of Foreign
Currency Transactions” No. 713/99 of 23 June 1999; and
10. Decree of the President of Ukraine “On the Procedure for Changing the Excise
and Import Duty Rates for Certain Goods (Products)” of 27 June 1999,No. 739/99.1. Compliant.
2. Compliant.
3. Compliant.
4. Compliant.
5. Compliant.
6. Compliant.
7. Compliant.
8. Compliant.
9. Non-compliant in terms of discriminatory practices in relation to taxation of
transactions denominated in foreign currencies.
10. Non-compliant in terms of non-existence of explicit provisions banning from
application of discriminatory excise duty rates.WT/ACC/UKR/85
Page 31. The Customs Code of Ukraine, No. 1970- ХІІ of 12 December 1991.
2. The Law of Ukraine “On the Unified Customs Tariff” No. 2097- ХІІ of
19 June 1992;
3. The Law of Ukraine “On Transit Shipments” No. 1172- ХІV of
20 October 1999;
4. The Law of Ukraine “On Safeguards of the National Industry Against
Subsidised Imports” No. 331-XIV of 22 December 1998;
5. The Law of Ukraine “On Protection of National Producer from Dumped
Imports” No.330-XIV, of 22 December 1998; and
6. Decree of the President of Ukraine “On the Procedure for the Establishment
(Abrogation) of Export Restrictions in Accordance with InternationalCommitments of Ukraine” No. 861/99 of 15 July 1999.1. Compliant.
2. Compliant
3. Compliant.
4. Compliant.
5. Compliant.
6. Compliant.
1. The Law of Ukraine “On Privatisation of State-Owned Assets”;
2. The Law of Ukraine “On List of State Property Assets Not Subject to
Privatisation”;
3. The Law of Ukraine “On Specific Features of Privatisation in the
Agroindustrial Complex”; and
4. The Law of Ukraine “On State Regulation of Production and Trade in Ethyl
Alcohol, Cognac and Fruit Spirits, Alcoholic Beverages and Tobacco Products”No. 481/95-BP of 19 December 1995.1. Non-compliant, in terms of shortlisting companies authorised to provide
government communication services.
2. Compliant.
3. Compliant.
4. Non-compliant, in terms of shortlisting companies entitled to engage in export and
import transactions.
AGREEMENT ON AGRICULTURE
1. The Law of Ukraine “On State Regulation of Import of Agricultural 
Produce” of 17 July 1997, No. 468/97-BP;
2. The Law of Ukraine “On Export Duty Rates for Selected Oil Seed Cultures”
No. 1033- ХІV of 10 September 1999;
3. The Law of Ukraine “On Export Duty for Live Cattle and Leather Raw
Materials” of 7 May 1996, No. 180/96;
4. Decree of the President of Ukraine “On the Procedure for the Establishment
(Abrogation) of Export Restrictions in Accordance with International
Commitments of Ukraine” No. 861/99 of 15 July 1999; and
5. The Law of Ukraine "On the Writing-Off of Tax Arrears and Arrears on Fees
and other Obligatory Charges of Tax-Payers in Connection with Reformationof Agricultural Enterprises".1. Non-compliant in terms of establishing seasonal rates of customs duties for
agricultural products twice the level of preferential rates.  Article 3 of the Lawprovides for application of quotas to products of animal origin, to be annuallyupdated by the Cabinet of Ministers of Ukraine. (The bill “On Amendments to theLaw of Ukraine “On State Regulation of Agricultural Imports” repealing the abovearticle has been submitted to the Verkhovna Rada of Ukraine).
2. Non-compliant.
3. Non-compliant.
4. Non-compliant in terms of writing-off arrears from compulsory payments, due to
their treatment as targeted subsidy.
5. Non-compliant.
AGREEMENT ON THE APPLICATION OF SA NITARY AND PHYTOSANITARY MEASURES
1. The Law of Ukraine “On Protection of Rights to Varieties of Plants”;
2. The Law of Ukraine “On Veterinary Medicine”;
3. The Law of Ukraine “On the Animal World”;1. Compliant.
2. Non-compliant, given only partial compliance with recommendations developed by
International Epizootic Bureau.
3. Non-compliant, given only partial compliance with recommendations developed byWT/ACC/UKR/85
Page 4 4. The Law of Ukraine “On Quality and Safety of Food Products and Food Raw
Materials”; and
5. The Law of Ukraine “On the Protection of the Population from Infectious
Diseases”.International Epizootic Bureau
4. Compliant.
5. Compliant.
AGREEMENT ON TEXTILE AND CLOTHING
1. Decree of the President of Ukraine “On the Procedure for the Establishment
(Abrogation) of Export Restrictions in Accordance with International
Commitments of Ukraine” No. 861/99 of 15 July 19991. Compliant.
AGREEMENT ON TECHNICAL BARRIERS TO TRADE
1. The Law of Ukraine “On Quality and Safety of Food Products and Food Raw
Materials” No. 771/97- ВР of 23 December 1997; and
2. The Law of Ukraine “On State Regulation of Getting, Processing and
Utilisation of Precious Stones and Precious Metals and Control Over theTransactions Therewith” No. 637/97- ВР of 18 November 1997.1. Compliant.
2. Compliant.
AGREEMENT ON TRADE-RELATED INVESTMENT MEASURES
1. The Law of Ukraine “On Protection of Foreign Investments in Ukraine”;
2. The Law of Ukraine “On Foreign Investment Regime”;
3. Decree of the President of Ukraine “On the Main Directions for the Investment
Policy for 1999-2001” No. 1004/99 of 18 August 1999; and
4. The Law of Ukraine “On Stimulating Production of Automobiles in Ukraine”.1. Compliant.
2. Compliant.
3. Compliant.
4. Non-compliant, in terms of allowing banned subsidies.
AGREEMENT ON IMPLEMENTATION OF ARTICLE VI OF THE GATT 1 994, AGREEMENT ON SUBSIDIES A ND COUNTERVAILING MEASURES,
AGREEMENT ON SAFEGUARDS
1. The Law of Ukraine “On the Unified Customs Tariff” No. 2097- ХІІ of
19 June 1992;
2. Decree of the President of Ukraine “On the Unified Customs Tariff of Ukraine”
No. 691/99 of 22 June 1999;
3. The Law of Ukraine “On Safeguards of National Industry Against Dumped
Imports”;
4. Decree of the President of Ukraine “On Foreign Economic Activity”;
5. The Law of Ukraine “On Safeguards of National Industry Against Import
Supplies Subject to Antidumping Law”;
6. The Law of Ukraine “On Safeguards of the National Industry Against
Subsidised Imports”;
7. The Law of Ukraine “On the Application of Safeguard Measures Against
Imports to Ukraine”;
8. The Law of Ukraine “On Taxation System”;
9. The Law of Ukraine “On Foreign Economic Activity”; and
10. The Law of Ukraine “On Arranging Economic Experiment at Mining and
Metallurgical Enterprises” (valid until 1 January 2002).1. Compliant
2. Compliant
3. Compliant
4. Compliant
5. Compliant
6. Compliant
7. Compliant
8. Compliant
9. Compliant
10. Non-compliant, in terms of allowing targeted subsidies.
AGREEMENT ON THE APPLICATION OF  ARTICLE VII OF THE GATT 1994
1. The Customs Code of Ukraine 1.  Non-compliant, in terms of application of customs valuation.WT/ACC/UKR/85
Page 5AGREEMENT ON RULES OF ORIGIN
1. The Law of Ukraine “On Foreign Economic Activity” No. 959- ХІІ of
16 April 1991; and
2. The Law of Ukraine “On the Unified Customs Tariff”.1. Compliant
2. Compliant
AGREEMENT ON IMPORT LICENSING PROCEDURES
1. The Law of Ukraine “On Foreign Economic Activity” No. 959- ХІІ of
16 April 1991 ;
2. The Law of Ukraine “On the Application of Safeguard Measures Against
Imports to Ukraine” No. 332- ХІV of 22 December 1998.1. Non-compliant, in terms of non-existence of  clear procedures applicable to import
transactions licensing.
2. Compliant.
GENERAL AGREEMENT ON TRADE IN SERVICES
1. The Law of Ukraine “On Conducting Payments in Foreign Currency”;
2. The Law of Ukraine “On VAT exemption of Housing Construction Works
(Services), Irrespective of Source of Finance, Effective from 1 January 2000)”;
3. The Law of Ukraine “On Insurance”; and
4. The Law of Ukraine “On Banks and Banking Activity”.1. Compliant.
2. Compliant.
3. Non-compliant, in terms of restricting foreign investors’ stake in charter capital to
49 per cent.
4. Non-compliant, in terms of banning foreign banks from establishing branch
network, and discriminatory requirements to charter capital.
1. The Law of Ukraine “On Amendments to the Law of Ukraine “On Banks and
Banking Activity”;
2. The Law of Ukraine “On Specifics of Privatisation of Joint Stock Company
“UkrTeleCom”;
3. The Law of Ukraine “On Radio Bandwidth of Ukraine”;
4. The Laws of Ukraine governing registration of business entities with the
Government agencies;
5. The Laws and regulations of Ukraine related to commercial maritime
navigation;
6. The Law of Ukraine “On Auditing”;
7. The Law of Ukraine “On Bar”; and
8. The Law of Ukraine “On Television and Radio Broadcasting”.1. Non-compliant, in terns of banning foreign banks from establishing branch network.
2. Compliant.
3. Compliant.
4. Non-compliant.
5. Non-compliant.
6. Non-compliant, in terms of restricting audit practising and filling executive
positions at audit firms to Ukrainian citizens only.
7. Non-compliant, in terms of restricting law practising, and respectively
representation of criminal lawsuits, to Ukrainian citizens only.
8. Non-compliant in terms of banning from operations companies with foreign
investors’ stake exceeding 30 per cent of the charter capital.
1. The Law of Ukraine “On VAT Exemption of Trading in Vouchers to Spa and
Resort Establishments Located in the Autonomous Republic of Crimea(including vouchers provided to non-residents)” No. 854 of 7 July 1999;
2. The Law of Ukraine “On VAT Exemption of Housing Construction Works
(Services), Irrespective of Source of Finance, Effective from 1 January 2000)”
of 14 July 1999; and
3. The Law of Ukraine “On VAT Exemption of Fees for Fundamental Research,
Research and Engineering Works Paid from the State Budget” No. 977 of15 July 1999.1. Non-compliant.
2. Non-compliant.
3. Non-compliant.WT/ACC/UKR/85
Page 6AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS
General provisions and underlying principles (Articles 1-8)
1. The Law of Ukraine “On Amendment of Certain Legislative Acts of Ukraine
on Intellectual Property” No. 75/95- ВР of 28 February 1995;
2. The Law of Ukraine “On Copyright and Related Rights”;
3. Decree of the President of Ukraine “On the Council On Intellectual Property
and Technology Transfer” No. 1295/99 of 8 October 1999;
4. The Law of Ukraine “On State Succession of Ukraine” No. 1543- ХІІ of
12 September 1991;
5. The Law of Ukraine “On International Treaties of Ukraine” No. 3767- ХІІ of
22 December 1993;
6. The Law of Ukraine “On Joining International Agreement on the Protection
of New Plant Varieties” No. 209/ ВР of 2 June 1995
7. The Law of Ukraine “On Ratification of Trademark Law Treaty”  No. 380/95-
ВР of 13 October 1995;
8. The Law of Ukraine “On Joining Budapest Treaty on the International
Recognition of the Deposit of Microorganisms for the Purposes of PatentProcedure” No. 474/96- ВР of 1 November 1996;
9. The Law of Ukraine “On Joining Protocol of Madrid for the International
Registration of Trademarks” No. 1763- ІІІ of 1 June 2000;
10. The Law of Ukraine “On Joining Nice Agreement Concerning the International
Classification of Goods and Services for the Purposes of the Registration ofMarks”  No. 1762- ІІІ 21 September 2000;
11. The Law of Ukraine “On Ratification of the Agreement on Prevention and
Cessation of the Use of False Trade Marks and Geographical Indications” No.1971-ІІІ of 21 September 2000;
12. The Law of Ukraine “On Protection of Rights to Inventions and Utility
Models” No. 3687- ХІІ of 15 December 1993 as updated in the Law of Ukraine
“On Amendments to the Law of Ukraine “On Protection of Rights to
Inventions and Utility Models” No. 1771- ІІІ of 1 June 2000;
13. The Law of Ukraine “On Protection of Rights to Industrial Designs” No. 3770-
ХІІ of 23 December 1993; and
14. The Law of Ukraine “On Protection of Rights to Trademarks and Service
Marks” No. 3689-XII of 15 December 1993.1. Compliant.
2. Compliant.
3. Compliant.
4. Compliant.
5. Compliant.
6. Compliant.
7. Compliant.
8.
 Compliant.
9. Compliant.
10. Compliant.
11. Compliant.
12. Compliant.
13. Compliant.
14. Compliant.
15. The Law of Ukraine “On Amendments to the Law of Ukraine “On Protection
of Rights to Trademarks and Service Marks”, No. 751- ХІV of 16 June
1999; and
16. The Law of Ukraine “On Protection of Rights to Varieties of Plants” No. 3116-
XII of 21 April 1993;
17. The Law of Ukraine “On Protection of Rights to Topologies of Integrated15. Compliant
16. Compliant.
17. Compliant.
 Circuits Design” No. 621/97- ВР of 5 November 1997; and
18. The Law of Ukraine “On Protection of Rights to the Indication of Geographical
Origin of Goods” No. 752- ХІV of 16 June 1999.18. Compliant.WT/ACC/UKR/85
Page 7Copyright and Related Rights (Articles 9-14)
1. The Law of Ukraine “On Copyright and Related Rights” 1.  Non-compliant with Bern for the Protection of Literary and Artistic Works, in terms
of rules on destruction of all copies, given the sufficient evidence exists on
copyright and related rights law offence.
Protection of Rights to Trademarks for Goods and Services (Articles 15-21)
1. The Law of Ukraine “On Amendment of Certain Legislative Acts of Ukraine
on Intellectual Property” No. 75/95- ВР of 28 February 1995;
2. The Law of Ukraine “On Protection of Rights to Trademarks and Service
Marks” No. 3689-IX of 15 December 1993; and
3. The Law of Ukraine “On Amendments to the Law of Ukraine “On Protection
of Rights to Trademarks and Service Marks”, No. 751- ХІV of 16 June 19991. Compliant.
2. Compliant as a whole, however, in order to enhance copyrights protection
concerning trade marks for goods and services, the provisions of the Law must beadjusted to provisions of the Article 19 of the TRIPS.
3. Compliant.
Protection of Rights to the Indication of Geographical Origin (Articles 22-24)
1. The Law of Ukraine “On Protection of Rights to the Indication of Geographical
Origin of Goods and Services” No. 752- ХІV of 16 June 1999.1. Compliant.
Protection of Rights to Industrial Design (Articles 25-26)
1. The Law of Ukraine “On Protection of Rights to Industrial Design” No. 3770-
ХІІ of 23 December 19931. Compliant.
Protection of Rights to Inventions (Articles 27-34)
1. The Law of Ukraine “On Protection of Rights to Inventions and Utility
Models” No. 3687- ХІІ of 15 December 1993 as updated in the Law of Ukraine
“On Amendments to the Law of Ukraine “On Protection of Rights to nventionsand Utility Models” No. 1771- ІІІ of 1 June 2000.1. Compliant with the related articles of TRIPS and the Council Directives (EEC) No.
1768/92 of 18 June 1992 providing for additional safeguards certificate forpharmaceutical products.
Protection of Rights to Varieties of Plants (Article 27)
1. The Law of Ukraine “On Protection of Rights to Varieties of Plants” No. 3116-
XII of 21 April 1993.1. Compliant.
Protection of Rights to Layout Design of Integrated Circuits  (Articles 35-38)
1. The Law of Ukraine “On Protection of Rights to the Integrated Circuits
Design” No. 621/97- ВР of 5 November 1997.1. Compliant.
Protection of Rights to Confidential Information (Article 39)
1. National legislation does not provide for full compliance with requirements of
the TRIPS Article 39.WT/ACC/UKR/85
Page 8Enforcement of Intellectual Property Rights (Articles 41-61)
1. The Civil Code of Ukraine;
2. The Civil Procedural Code of Ukraine;
3. The Arbitration Procedural Code of Ukraine;
4. The Code of Ukraine on Administrative Law Offence;
5. The Criminal Code of Ukraine;
6. The Law of Ukraine on Copyright and Related Rights;
7. The Law of Ukraine “On Ratification of the Agreement on Prevention and
Cessation of the Use of False Trade Marks and Geographical Indications”No. 1971- ІІІ of 21 September 2000; and
8. The Law of Ukraine “On Ratification of the Agreement on Cooperation in
Prevention of Intellectual Property Law Violations” No. 1972 of21 September 2000.1. Non-compliant in part.
2. Non-compliant in part.
3. Non-compliant in part.
4. Non-compliant in part. Related provisions of the Articles 41-61 of the TRIPS
Agreement are already incorporated in the draft Law of Ukraine “On Amendments
of Certain Laws and Regulations of Ukraine on the Reinforcement of Liability forIntellectual Property Law Violations”.  The draft Law has been passed by theVerkhovna Rada in the first reading; currently is under review for the secondreading.
5. Non-compliant in part. Related provisions of the Articles 41-61 of the TRIPS
Agreement are already incorporated in the draft Law of Ukraine “On Amendments
of Certain Laws and Regulations of Ukraine on the Reinforcement of Liability forIntellectual Property Law Violations”.  The draft Law has been passed by theVerkhovna Rada in the first reading; currently is under review for the secondreading.
6. Non-compliant with the Bern Convention on protection of literature and artefacts, in
terms of rules on destruction of all copies, given the sufficient evidence exists on
copyright and related rights law offence.
7. Compliant.
8. Compliant.
Special requirements to the customs border enforcement measures (Articles 51-60)
1. Customs Code of Ukraine (Article 74) 1.  Non-compliant partially. The Customs Code of Ukraine contains Article 74, which
restricts the movement across the customs border of Ukraine of goods, if suchmovement is in violation of the intellectual property law. However, no furtherelaboration of the above provisions has been made, specifically, no mechanisms ofits implementation are made available. Effective Customs Code needs to be
corrected accordingly, and respective co nsiderations made when drafting new
version of the Customs Code of Ukraine.
__________