EFTA - Ukraine FTA (2025)
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Purpose or motivation of the measure:

Sector: All sectors

Sub-sector: -

Legal source or authority of the measure:

Succinct description of the measure:

Norway reserves the right to apply measures inconsistent with Article 5.4 for the imposition, enforcement or collection of direct taxes in so far as such measures do not contravene any tax treaty (1) which is in force between Ukraine and Norway.

(1) Convention between The Government of the Kingdom of Norway and The Government of Ukraine for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and on Capital, signed 7 March 1996 or a tax treaty succeeding this tax treaty.

Purpose or motivation of the measure:

Sector: All sectors

Sub-sector:

Legal source or authority of the measure:

Companies Act of 13 June 1997, No 44 (aksjeloven) and Joint Stock Public Companies Act of 13 June 1997, No 45 (allmennaksjeselskapsloven).

Succinct description of the measure:

The general manager in a joint stock company and at least half of the members of the board of directors and of the corporate assembly must be residents of Norway. The residency criteria do not apply to nationals of an EEA Member State who are permanent residents of one of these States. The Ministry of Trade and Industry may grant exemptions from this Provision.

Purpose or motivation of the measure:

The resident criteria are based on reasons of jurisdiction, in order to ensure that the persons responsible for the company's affairs are accessible.

Sector: Power and Energy sector. Repair of Transport Equipment sector.

Sub-sector:

Legal source or authority of the measure: Not applicable.

Succinct description of the measure:

All activities in the power and energy sector as well as in the repair of transport equipment sector shall be treated as services under the Agreement.

Purpose or motivation of the measure:

Sector: Fishing and fish processing.

Subsector:

Legal source or authority of the measure:

Regulation of Participation in Fishing Act of 26 March 1999, No 15.

Economic Zone Act of 17 December 1976, No 91. The Fishing Limit Act of 17 June 1966, No 19.

Succinct description of the measure:

A concession to acquire a fishing vessel or share in a company which owns such vessels can only be given to a Norwegian citizen or a body that can be defined as a Norwegian citizen. A company is regarded as having equal rights with a Norwegian citizen when its main office is situated in Norway and the majority of the Board, including the Chair of the Board, are Norwegian citizens and have stayed in the country the last two years. Norwegian citizens also have to own a minimum of 60 per cent of the shares and have to be authorised to vote for at least 60 per cent of the votes.

Ownership to the fishing fleet shall be reserved for professional fishermen. To obtain the right to own a fishing vessel, one has to have a record of active, professional fishing on a Norwegian fishing boat for at least three of the last five years.

It is prohibited for other persons than Norwegian nationals or companies, as defined above, to process, pack or transship fish, crustaceans and molluscs or parts and products of these inside the fishing limits of the Norwegian Economic Zone. This applies to catches from both Norwegian and foreign vessels. Exceptions are granted under special circumstances.

Purpose or motivation of the measure:

Resource conservation and management.

Sector: All sectors

Sub-sector:

Legal source or authority of the measure: Not applicable.

Succinct description of the measure:

Collective copyright and neighbouring rights’ laws and measures: inter alia management systems, royalties, levies, grants and funds.

Purpose or motivation of the measure

To preserve and promote linguistic and cultural diversity in Norway.

ANNEX XII REFERRED TO IN ARTICLE 5.5 . RESERVATIONS BY THE KINGDOM OF NORWAY (MOST FAVOURED NATION TREATMENT)

Sector: All sectors.

Sub-sector:

Legal source or authority of the measure:

Succinct description of the measure:

Norway reserves the right to impose, collect or enforce existing taxes on income and capital. The same applies to any identical or substantially similar taxes and to the imposition of defensive measures against harmful tax practices, in so far as such measures do not contravene any tax treaty which is in force between Ukraine and Norway.

Purpose or motivation of the measure:


Sector: All sectors.

Sub-sector:

Legal source or authority of the measure: Not applicable.

Succinct description of the measure:

Collective copyright and neighbouring rights' laws and measures: inter alia management systems, royalties, levies, grants and funds.

Purpose or motivation of the measure:

To preserve and promote linguistic and cultural diversity in Norway.

Previous page Page 7
  • Chapter   1 GENERAL PROVISIONS 1
  • Article   1.1 Objectives 1
  • Article   1.2 Trade Relations Governed by this Agreement 1
  • Article   1.3 Relation to other International Agreements 1
  • Article   1.4 Territorial Application 1
  • Article   1.5 Central, Regional and Local Government 1
  • Article   1.6 Transparency 1
  • Chapter   2 TRADE IN GOODS 1
  • Article   2.1 Scope 1
  • Article   2.2 Import Duties 1
  • Article   2.3 Export Duties 1
  • Article   2.4 WTO Agreement on Agriculture 1
  • Article   2.5 Rules of Origin and Administrative Cooperation 1
  • Article   2.6 Classification of Goods and Transposition of Schedules 1
  • Article   2.7 Customs Valuation (1) 1
  • Article   2.8 Technical Regulations 1
  • Article   2.9 Sanitary and Phytosanitary Measures 1
  • Article   2.10 Import Licensing 1
  • Article   2.11 Export Licensing 1
  • Article   2.12 Quantitative Restrictions 1
  • Article   2.13 Fees and Formalities 1
  • Article   2.14 Internal Taxation and Regulations 1
  • Article   2.15 Trade Facilitation 1
  • Article   2.16 Subsidies and Countervailing Measures 1
  • Article   2.17 Anti-dumping 1
  • Article   2.18 Global Safeguard Measures 1
  • Article   2.19 Bilateral Safeguard Measures 1
  • Article   2.20 State Trading Enterprises 2
  • Article   2.21 General Exceptions 2
  • Article   2.22 Security Exceptions 2
  • Article   2.23 Balance-of-Payments 2
  • Article   2.24 Preference Utilisation 2
  • Article   2.25 Sub-Committee on Trade In Goods 2
  • Chapter   3 TRADE IN SERVICES 2
  • Article   3.1 Scope and Coverage 2
  • Article   3.2 Incorporation of Provisions from the GATS 2
  • Article   3.3 Definitions 2
  • Article   3.4 Most-Favoured-Nation Treatment 2
  • Article   3.5 Market Access 2
  • Article   3.6 National Treatment 2
  • Article   3.7 Additional Commitments 2
  • Article   3.8 Domestic Regulation 2
  • Article   3.9 Recognition 2
  • Article   3.10 Movement of Natural Persons 2
  • Article   3.11 Transparency 2
  • Article   3.12 Monopolies and Exclusive Service Suppliers 2
  • Article   3.13 Business Practices 2
  • Article   3.14 Payments and Transfers 2
  • Article   3.15 Restrictions to Safeguard the Balance-of-Payments 2
  • Article   3.16 Exceptions 2
  • Article   3.17 Schedules of Specific Commitments 2
  • Article   3.18 Modification of Schedules 2
  • Article   3.19 Review 2
  • Article   3.20 Annexes 2
  • Chapter   4 ELECTRONIC COMMERCE 2
  • Article   4.1 Definitions 2
  • Article   4.2 Scope 3
  • Article   4.3 General Provisions 3
  • Article   4.4 Right to Regulate 3
  • Article   4.5 Customs Duties (4) 3
  • Article   4.6 Electronic Authentication, Trust Services and Contracts by Electronic Means 3
  • Article   4.7 Paperless Trade Administration 3
  • Article   4.8 Open Internet Access 3
  • Article   4.9 Online Consumer Trust 3
  • Article   4.10 Unsolicited Commercial Electronic Messages 3
  • Article   4.11 Cross-border Data Flows 3
  • Article   4.12 Electronic Payments and Invoicing 3
  • Article   4.13 Protection of Personal Data and Privacy 3
  • Article   4.14 Transfer of or Access to Source Code 3
  • Article   4.15 Cooperation on Electronic Commerce 3
  • Article   4.16 General Exceptions 3
  • Article   4.17 Security Exceptions 3
  • Chapter   5 INVESTMENT 3
  • Article   5.1 Scope and Coverage 3
  • Article   5.2 Definitions 3
  • Article   5.3 General Treatment 3
  • Article   5.4 National Treatment 3
  • Article   5.5 Most Favoured Nation Treatment 3
  • Article   5.6 Access to Courts 3
  • Article   5.7 Key Personnel 3
  • Article   5.8 Right to Regulate 3
  • Article   5.9 Transparency 3
  • Article   5.10 Trade Related Investment Measures 3
  • Article   5.11 Reservations 3
  • Article   5.12 Payments and Transfers 3
  • Article   5.13 Restrictions to Safeguard the Balance-of-Payments 3
  • Article   5.14 Exceptions 4
  • Article   5.15 Review Clause 4
  • Chapter   6 PROTECTION OF INTELLECTUAL PROPERTY 4
  • Article   6.1 Protection of Intellectual Property 4
  • Chapter   7 GOVERNMENT PROCUREMENT 4
  • Article   7.1 Scope and Coverage 4
  • Article   7.2 Exchange of Information 4
  • Article   7.3 Sustainable Public Procurement 4
  • Article   7.4 Facilitation of Participation of SMEs 4
  • Article   7.5 Ensuring Integrity In Procurement Practices 4
  • Article   7.6 Further Negotiations 4
  • Chapter   8 COMPETITION 4
  • Article   8.1 Rules of Competition Concerning Undertakings 4
  • Chapter   9 TRADE AND SUSTAINABLE DEVELOPMENT 4
  • Article   9.1 Context and Objectives 4
  • Article   9.2 Right to Regulate and Levels of Protection 4
  • Article   9.3 Upholding Levels of Protection In the Application and Enforcement of Laws, Regulations or Standards 4
  • Article   9.4 Procedural Guarantees 4
  • Article   9.5 Public Participation, Awareness and Submissions 4
  • Article   9.6 International Labour Standards and Agreements 4
  • Article   9.7 Inclusive Economic Development and Equal Opportunities for All 4
  • Article   9.8 Multilateral Environmental Agreements and International Environmental Governance 4
  • Article   9.9 Sustainable Forest Management and Associated Trade 4
  • Article   9.10 Trade and Climate Change 4
  • Article   9.11 Trade and Biological Diversity 4
  • Article   9.12 Trade and Sustainable Management of Fisheries and Aquaculture 4
  • Article   9.13 Trade and Sustainable Agriculture and Food Systems 4
  • Article   9.14 Promotion of Trade and Investment Favouring Sustainable Development 4
  • Article   9.15 Responsible Business Conduct 4
  • Article   9.16 Cooperation 4
  • Article   9.17 Implementation and Consultations 4
  • Article   9.18 Panel of Experts 4
  • Article   9.19 Review 5
  • Chapter   10 SMALL AND MEDIUM-SIZED ENTERPRISES 5
  • Article   10.1 General Provisions 5
  • Article   10.2 Information Sharing and Transparency 5
  • Article   10.3 SMEs Contact Points and Cooperation 5
  • Article   10.4 Dispute Settlement 5
  • Chapter   11 COOPERATION 5
  • Article   11.1 Objectives and Scope 5
  • Article   11.2 Methods and Means 5
  • Article   11.3 Fields of Cooperation 5
  • Article   11.4 Dispute Settlement 5
  • Article   11.5 Contact Points 5
  • Chapter   12 INSTITUTIONAL PROVISIONS 5
  • Article   12.1 The Joint Committee 5
  • Chapter   13 DISPUTE SETTLEMENT 5
  • Article   13.1 Scope and Coverage 5
  • Article   13.2 Good Offices, Conciliation or Mediation 5
  • Article   13.3 Consultations 5
  • Article   13.4 Establishment of Arbitration Panel 5
  • Article   13.5 Procedures of the Arbitration Panel 5
  • Article   13.6 Arbitration Panel Reports 5
  • Article   13.7 Suspension or Termination of Arbitration Panel Proceedings 5
  • Article   13.8 Implementation of Final Report 5
  • Article   13.9 Compensation and Suspension of Benefits 5
  • Article   13.10 Other Provisions 5
  • Chapter   14 FINAL PROVISIONS 5
  • Article   14.1 Fulfilment of Obligations 5
  • Article   14.2 Annexes, Protocols and Appendices 5
  • Article   14.3 Amendments 5
  • Article   14.4 Accession 6
  • Article   14.5 Withdrawal and Expiration 6
  • Article   14.6 Entry Into Force 6
  • Article   14.7 Depositary 6
  • ANNEX XI REFERRED  TO IN ARTICLE 5.11   RESERVATIONS 6
  • APPENDIX 1   RESERVATIONS BY UKRAINE 6
  • APPENDIX 2   RESERVATIONS BY ICELAND 6
  • APPENDIX 3   RESERVATIONS BY LIECHTENSTEIN 6
  • APPENDIX 4   RESERVATIONS BY NORWAY 6
  • ANNEX XII REFERRED TO IN ARTICLE 5.5   RESERVATIONS BY THE KINGDOM OF NORWAY (MOST FAVOURED NATION TREATMENT) 7