UKRAINE – MEASURES RELATING TO TRADE IN GOODS AND SERVICES REQUEST FOR CONSULTATIONS BY THE RUSSIAN FEDERATION
Document: REQUEST FOR CONSULTATIONS BY
Date: 1 June 2017
Document codes: WT/DS525/1; G/L/1179; G/TBT/D/50; G/LIC/D/52; G/SPS/GEN/1549; S/L/414
Complainant: Russia
Respondent: Ukraine
Dispute stage: Consultation
Agreements cited: Art. II, III, XI, XVI, XVII  Services (GATS)Art. I, II, III, IV, V, X, XI  GATT 1994Art. 1, 3, 5  Import LicensingArt. 2, 3, 5, 7, 8, Annex B, Annex C  Sanitary and Phytosanitary Measures (SPS)Art. 2, 4, 5  Technical Barriers to Trade (TBT)  Protocol of AccessionArt. XVI  Agreement Establishing the World Trade Organization, Annex 1  Protocol of Accession

UKRAINE – MEASURES RELATING TO TRADE IN GOODS AND SERVICES
REQUEST FOR CONSULTATIONS BY THE RUSSIAN FEDERATION
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, prohibitions, 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 Cabinet 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 coverage 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, 1905311100, 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,
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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, this 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
approvals 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 to 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, 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 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.
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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 Russian 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
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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, this 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
authorized 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, these 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 measures 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.
Furthermore, 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
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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 have 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 alia 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 mentioned 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
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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 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 in 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
Special 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.
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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
Working 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 demonstration 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.
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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 each 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 be read in the light 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 the 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.