Sector: Recreational, cultural and sporting services
Sub-Sector: News agency services
Obligations Concerned: Market Access (Article 18.5) National Treatment (Article 17.6)
Measures: Law of Ukraine "On Licensing of Economic Activity Types" on 02.03.2015 No. 222-VIII
Law of Ukraine "On the media" on 13.12.2022 No. 2849-IX
Description: Cross-Border Trade in Services and Investment
In line with Ukrainian legislation, foreign investment in news agencies publishing in electronic media, print media, photography, cinema, audio, video, and other formats not forbidden by the current legislation of Ukraine, is limited to 35 percent.
Reservation I-U-10
Sector: Road transport services
Sub-Sector: Passenger transportation, Freight transportation
Obligations Concerned: Market Access (Article 18.5)
Measures: Law of Ukraine "On Licensing of Economic Activity Types" on 02.03.2015 No. 222-VIII
Licensed conditions of implementation of economic activity on transportation of passengers, dangerous goods and dangerous wastes by road transport, international carriages of passengers and loads road transport, approved by CMU Resolution of 02.12.2015 No. 1001
Description: Cross-Border Trade in Services
1. Persons engaged in passenger and goods transport must be registered as legal persons in the territory of Ukraine.
2. For the purposes of this entry, registration does not set requirements regarding the extent of foreign ownership.
Reservation I-U-11
Sector: Transportation
Sub-sector: Water Transportation
Obligations Concerned: National Treatment (Articles 18.3 and 17.6)
Measures: The Merchant Shipping Code of Ukraine on 23.05.1995 No. 176/95-BP
Law of Ukraine "On Internal Waterways Transport" of 03.12.2020 No. 1054-IX
Procedure for the registration of vessels in the State Shipping Registry of Ukraine and the Shipping Book of Ukraine, approved by the Order of the Ministry of Infrastructure of Ukraine on 11.04.2022 No. 203
Description: Cross Border Trade in Services and Investment
1. The right to fly the State Flag of Ukraine shall be granted to a vessel owned by:
(a) a natural person that is a citizen of Ukraine; or
(b) a legal person registered in the territory of Ukraine. For greater certainty, registration does not set requirements regarding the extent of foreign ownership.
2. A vessel registered in a foreign country, which was chartered under a bareboat charter, may be registered in Ukraine for the duration of the charter in the event of temporary termination of its registration in another or in a previous country.
3. Registration of vessels in the State Shipping Registry of Ukraine and the Shipping Book of Ukraine is prohibited for:
(a) ships whose owners are citizens of a state recognized by Ukraine as an aggressor state or an occupying state; legal persons registered in the territory of a state recognized by Ukraine as an aggressor state or an occupying state; legal persons registered in the territory of Ukraine, the participants (shareholders, members) or ultimate beneficiaries who are citizens of a state recognized by Ukraine as an aggressor state or an occupying state; or legal entities registered on the territory of Ukraine, the participants (shareholders, members) or ultimate beneficiaries of which are the state, recognized by Ukraine as an aggressor state or an occupying state; and
(b) natural and legal persons to whom special economic and other restrictive measures (sanctions) have been applied in accordance with the Law of Ukraine "On Sanctions".
4. Registration of vessels in the State Shipping Registry of Ukraine is prohibited for:
(a) oil tankers that do not meet the requirements for double hull or equivalent construction laid down in Regulations 19 and 28 of Annex I to the International Convention for the Prevention of Pollution from Ships, 1973, as amended by the 1978 Protocol thereto, as well as oil tankers 25 years of age and older after the date of delivery of the vessel, which is determined by clauses 28.1 - 28.9 of Rule 1 of the specified Appendix;
(b) vessels that have been detained in seaports by port state control inspectors during control within the framework of established port state control systems (regional memorandums of understanding on port state control of vessels) more than three times during the last 36 months immediately prior to the submitting an application for registration in the State Shipping Registry of Ukraine; and
(c) from 2025: vessels aged 35 years or more.
Reservation I-U-12
Sector: Trade-Related energy
Sub-Sector: Prospecting, exploring for and producing hydrocarbons
Obligations Concerned: National Treatment (Article 17.6)
Measures: Law of Ukraine "On Oil and Gas" on 12.07.2001 No. 2665-III
Subsoil Code of Ukraine on 27.07.1994 No. 132/94-BP
Law of Ukraine "On Defence of Ukraine" on 06.12.1991 No. 1932-XII
Law of Ukraine "On Sanctions" on 14.08.2014 No. 1644-VII
Description: Investment
1. Subsoil use can be prohibited for natural and legal persons which are subject to sanctions, as well as for persons related to them.
2. For greater certainty, the types of sanctions that can be imposed include, but are not limited to, the following:
(a) preventing the withdrawal of capital from Ukraine;
(b) suspending the performance of economic and financial obligations; and
(c) cancelling or suspending licences and other permits required for a certain type of business activity, in particular, cancelling or suspending special subsoil use permits.
Annex II. Cross-Border Trade in Services and Investment Non-Conforming Measures
Annex II. Explanatory Note
1. The Schedule of a Party to this Annex sets out, pursuant to Articles 17.18 (Non‑Conforming Measures) and 18.7 (Reservations), the specific sectors, subsectors, or activities for which that Party may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:
(a) Article 17.6 (National Treatment) or 18.3 (National Treatment);
(b) Article 17.7 (Most-Favoured-Nation Treatment) or 18.4 (Most‑Favoured‑Nation Treatment);
(c) Article 17.12 (Performance Requirements);
(d) Article 17.13 (Senior Management and Boards of Directors); or
(e) Article 18.5 (Market Access).
2. Each Schedule entry sets out the following elements:
(a) Sector refers to the sector for which the entry is made;
(b) Sub-Sector, where referenced, refers to the specific subsector for which the entry is made;
(c) Obligations Concerned specifies the obligation(s) referred to in paragraph 1 that, pursuant to Articles 17.18 (Non-Conforming Measures) and 18.7 (Reservations), do not apply to the sectors, subsectors, or activities listed in the entry;
(d) Description sets out the scope or nature of the sectors, subsectors, or activities covered by the entry to which the reservation applies; and
(e) Existing Measures identifies, for transparency purposes, a non-exhaustive list of existing measures that apply to the sectors, subsectors, or activities covered by the entry.
3. For greater certainty, in the interpretation of an entry, all elements of the entry shall be considered, and the Description element prevails over all other elements.
4. In accordance with Articles 17.18 (Non-Conforming Measures) and 18.7 (Non‑Conforming Measures), the articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the sectors, subsectors, and activities identified in the Description element of that entry.
Annex II. Schedule of Canada
Reservation II-C-1
Sector:
Aboriginal Affairs
Sub-Sector:
Obligations Concerned:
National Treatment (Articles 17.6 and 18.3)
Most-Favoured-Nation Treatment (Articles 17.7 and 18.4)
Performance Requirements (Article 17.12)
Senior Management and Boards of Directors (Article 17.13)
Description:
Investment and Cross-Border Trade in Services
1. Canada reserves the right to adopt or maintain measures with respect to the rights or preferences provided to Aboriginal peoples, including those recognized and affirmed by section 35 of the Constitution Act, 1982 or those set out in self-government agreements between a central or regional level of government and Indigenous peoples. (1)
Existing Measures:
Constitution Act, 1982, being Schedule B of the Canada Act 1982 (U.K.), 1982, c. 11, as well as land claims agreements and self-government agreements that have been implemented by statute.
Reservation II-C-2
Sector:
All Sectors
Sub-Sector:
Obligations Concerned:
National Treatment (Article 17.6)
Description:
Investment
Canada reserves the right to adopt or maintain a measure relating to residency requirements for the ownership of oceanfront land by an investor of Ukraine or its investments.
Existing Measures:
Reservation II-C-3
Sector:
Fisheries
Sub-Sector:
Fishing and Services Incidental to Fishing
Obligations Concerned:
National Treatment (Articles 17.6 and 18.3)
Most-Favoured Nation Treatment (Articles 17.7 and 18.4)
Description:
Investment and Cross-Border Trade in Services
1. Canada reserves the right to adopt or maintain any measure with respect to licensing or otherwise authorizing fishing or fishing related activities, including entry of foreign fishing vessels to Canada's exclusive economic zone, territorial sea, internal waters, or ports, and use of any services therein.
2. Canada shall endeavour to accord to vessels entitled to fly the flag of Ukraine treatment no less favourable than the treatment it accords, in like situations, to vessels entitled to fly the flag of any other foreign State.
Existing Measures:
Fisheries Act, R.S.C. 1985, c. F14
Coastal Fisheries Protection Act, R.S.C. 1985, c.33
Coastal Fisheries Protection Regulations, C.R.C. 1978, c. 413
Commercial Fisheries Licensing Policy
Policy on Foreign Investment in the Canadian Fisheries Sector, 1985
Reservation II-C-4
Sector:
Government Finance
Sub-Sector:
Securities
Obligations Concerned:
National Treatment (Article 17.6)
Description:
Investment
Canada reserves the right to adopt or maintain a measure relating to the acquisition, sale, or other disposition by a national of Ukraine of bonds, treasury bills, or other kinds of debt securities issued by the Government of Canada or a Canadian sub‑national government.
Existing Measures:
Financial Administration Act, R.S.C. 1985, c. F-11
Reservation II-C-5
Sector:
Minority Affairs
Sub-Sector:
Obligations Concerned:
National Treatment (Articles 17.6 and 18.3)
Performance Requirements (Article 17.12)
Senior Management and Boards of Directors (Article 17.13)
Description:
Investment and Cross-Border Trade in Services
Canada reserves the right to adopt or maintain a measure conferring rights or privileges to a socially or economically disadvantaged minority.
Existing Measures:
Reservation II-C-6
Sector:
Social Services
Sub-Sector:
Obligations Concerned:
National Treatment (Articles 17.6 and 18.3)
Most-Favoured-Nation Treatment (Articles 17.7 and 18.4)
Performance Requirements (Article 17.12)
Senior Management and Boards of Directors (Article 17.13)
Description:
Investment and Cross-Border Trade in Services
Canada reserves the right to adopt or maintain a measure with respect to the supply of public law enforcement and correctional services, as well as the following services to the extent they are social services established or maintained for a public purpose: income security or insurance; social security or insurance; social welfare; public education; public training; health; and child care.
Existing Measures:
Reservation II-C-7