Draft Law of Ukraine

"On Amendment of the Law of Ukraine "On Application of Special Measures against Imports to Ukraine"

According to the draft, the first sitting of the Interdepartmental Commission for Foreign Trade (hereinafter referred to as "the Commission") shall take place within one month from the date when the Ministry of Economics and European Integration of Ukraine (hereinafter referred to as "the Ministry") obtains information on facts of growing imports to Ukraine. The information may be accompanied by a copy of application, which includes solicitation on applying measures against imports to Ukraine, envisaged by the Law of Ukraine "On Application of Special Measures against Imports to Ukraine".

Also the draft determines the list of issues to be considered by the Commission. Particularly, they include:

• launching or refusal to launch special investigation with respect to imports of goods;
• application of preliminary special measures with respect to imports of goods, which is the object of investigation;
• application of measures for controlling imports of goods, which is the object of investigation;
• suspension of a special investigation without application of special measures, etc.

The draft envisages increasing the period for investigation, during which the Ministry should study the dynamics of growing imports of goods. This period should total one to three years. In some cases this period may exceed three years. Currently, the period reaches 6-12 months.

In case, when except for growing imports there are also other factors inflicting significant damages to the national commodity producer, growing imports shall not be determined as the reason for inflicting significant damages.

The draft also suggests excluding the norm, according to which imports of goods, which is the object of applying control measures or regional control, to Ukraine’s customs territory is to be performed only on condition that the price for the goods used for the transaction exceeds at least by 5% the price mentioned in the permit for import.

The draft suggests prohibiting limitations to the validity term of permits for import, which were issued by the Ministry.

The draft, if approved, will permit brining the Law of Ukraine "On Application of Special Measures against Imports to Ukraine" to conformity with provisions of the General Agreement on Tariffs and Trade and the Agreement on Safeguards GATT/WTO.