The Government of Ukraine shall exempt any technical assistance and humanitarian aid provided and financed by the Government of the UK under this Agreement from the payment of all duties, fees, levies or any costs whatsoever, including VAT.
Article 398.
In order to make the best use of the resources available, the Parties shall endeavour to implement any assistance programmes in close cooperation and coordination with other donor countries, donor organisations and international financial institutions, and in line with international principles of aid effectiveness.
Article 399.
The Parties shall implement any assistance in accordance with the principles of sound financial management and shall cooperate in protecting the financial interests of the UK and of Ukraine. The Parties shall take effective measures to prevent and fight fraud, corruption and any other illegal activities, inter alia, by means of mutual administrative assistance and mutual legal assistance in the fields covered by this Agreement.
Title VII. INSTITUTIONAL, GENERAL AND FINAL PROVISIONS
Chapter 1. INSTITUTIONAL FRAMEWORK
Article 400.
The Parties shall establish a Strategic Partnership Dialogue which shall meet at the level and frequency agreed in accordance with Article 4 of this Agreement.
Article 401.
1. The Strategic Partnership Dialogue established by Article 400 of this Agreement shall consider any bilateral or international issues of mutual interest, including security, economic and migration issues, as well as any major issues arising within the framework of this Agreement. For the purposes of this Article, the UK recognises migration under the UN Global Compact for Migration, including but not limited to, visas, border security and returns policy.
2. In addition, the Strategic Partnership Dialogue shall supervise and monitor the application and implementation of this Agreement and periodically review the functioning of this Agreement in the light of its objectives.
Article 402.
1. The Strategic Partnership Dialogue shall consist of high-level officials or members of the Government of the United Kingdom, on the one hand, and of high- level officials or members of the Government of Ukraine, on the other.
2. The Strategic Partnership Dialogue shall establish its own rules of procedure.
3. The Strategic Partnership Dialogue may agree to set up committees and sub-committees to assist with the application and implementation of this Agreement, except in so far as it relates to Title IV (Trade and Trade-Related Matters). The Strategic Partnership Dialogue shall determine the composition, duties and functioning of any such committees and sub-committees. Any such committees and sub-committees shall report on their activities to the Strategic Partnership Dialogue regularly or upon the request of the Parties.
4. The existence of any committees or sub-committees shall not prevent either Party from bringing any matter directly to the Strategic Partnership Dialogue established under Article 400 of this Agreement.
5. Upon entry into force of this Agreement, any decisions adopted by the committees or sub-committees established by the EU-Ukraine Association Agreement before the EU-Ukraine Association Agreement ceased to apply to the United Kingdom shall, to the extent those decisions relate to the Parties to this Agreement, be deemed to have been adopted, mutatis mutandis and subject to the provisions of this Agreement, by the Strategic Partnership Dialogue established by Article 400 of this Agreement or the Trade Committee established by 404 of this Agreement.
6. Where appropriate, and by mutual agreement of the Parties, other bodies will take part as observers in the work of the Strategic Partnership Dialogue.
Article 403.
1. For the purpose of attaining the objectives of this Agreement, the Strategic Partnership Dialogue shall have the power to take decisions and make recommendations within the scope of this Agreement. It shall adopt its decisions and recommendations by agreement between the Parties and following completion of the Parties' respective internal procedures.
2. Decisions taken by the Strategic Partnership Dialogue shall be binding on the Parties, which shall take appropriate measures, including necessary action in specific bodies established under this Agreement, to implement the decisions taken.
3. In accordance with the provisions of paragraph 1 of this Article, the Strategic Partnership Dialogue may update or amend the Annexes to this Agreement, without prejudice to the powers of the Trade Committee in Article 405 or to any specific provisions of Title IV (Trade and Trade-related Matters) of this Agreement.
Article 404.
1. The Parties shall establish a Trade Committee, composed of the representatives of the Parties at the most appropriate level, to address all issues related to Title IV (Trade and Trade-related Matters) of this Agreement, as well as consider any other economic matters that may be relevant to the provisions of Title IV of this Agreement.
2. The Trade Committee shall supervise and monitor the application and implementation of Title IV of this Agreement and periodically review the functioning of Title IV of this Agreement in the light of its objectives.
3. The Trade Committee shall meet at least once a year, or as otherwise agreed by the Parties.
4. The Parties may establish specific rules of procedure for the Trade Committee.
5. The sub-committees established under Title IV of this Agreement shall inform the Trade Committee of the date and agenda of their meetings sufficiently in advance of their meetings. They shall report on their activities at each regular meeting of the Trade Committee.
6. The existence of any sub-committees shall not prevent either Party from bringing any matter directly to the Trade Committee.
7. Without prejudice to the powers of the Strategic Partnership Dialogue in Article 403 or to any specific provisions of Title IV (Trade and Trade-related Matters) of this Agreement, the Trade Committee may update or amend the Annexes to Title IV of this Agreement.
Article 405.
1. For the purpose of attaining the objectives of this Agreement, the Trade Committee shall have the power to take decisions and make recommendations within the scope of Title IV of this Agreement. It shall adopt its decisions and recommendations by agreement between the Parties and following completion of the Parties' respective internal procedures.
2. Decisions taken by the Trade Committee shall be binding on the Parties, which shall take appropriate measures, including necessary action in specific bodies established under this Agreement, to implement the decisions taken.
Chapter 2. GENERAL AND FINAL PROVISIONS
Article 406. Access to Courts and Administrative Organs
Within the scope of this Agreement, each Party undertakes to ensure that natural and legal persons of the other Party have access that is free of discrimination in relation to its own nationals to its competent courts and administrative organs, to defend their individual rights and property rights.
Article 407. Measures Related to Essential Security Interests
Nothing in this Agreement shall prevent a Party from taking any measures:
(a) which it considers necessary to prevent the disclosure of information contrary to its essential security interests;
(b) which relate to the production of, or trade in, arms, munitions or war materials or to research, development or production indispensable for defence purposes, provided that such measures do not impair the conditions of competition in respect of products not intended for specifically military purposes;
(c) which it considers essential to its own security, in the event of serious internal disturbances affecting the maintenance of law and order, in time of war or serious international tension constituting threat of war, or in order to carry out obligations it has accepted for the purpose of maintaining peace and international security.
Article 408. Non-discrimination
1. In the fields covered by this Agreement and without prejudice to any special provisions contained therein:
(a) the arrangements applied by Ukraine in respect of the UK shall not give rise to any discrimination between UK nationals or legal entities;
(b) the arrangements applied by the United Kingdom in respect of Ukraine shall not give rise to any discrimination between Ukrainian nationals or legal entities.
2. The provisions of paragraph 1 of this Article shall be without prejudice to the right of the Parties to apply the relevant provisions of their fiscal legislation to taxpayers who are not in identical situations as regards their place of residence.
Article 409. Fulfilment of Obligations
1. The Parties shall take any general or specific measures required to fulfil their obligations under this Agreement. They shall ensure that the objectives set out in this Agreement are attained.
2. The Parties agree to consult promptly at the request of either Party, to discuss any matter concerning the interpretation, implementation, or good faith application of this Agreement and other relevant aspects of the relations between the Parties.
3. Any dispute related to the interpretation, implementation or good faith application of this Agreement shall be considered by the Parties in accordance with Article 410 of this Agreement within the Strategic Partnership Dialogue, which may settle a dispute by means of a binding decision.
Article 410. Dispute Settlement
1. When a dispute arises between the Parties concerning the interpretation, implementation, or good faith application of this Agreement, any Party shall submit to the other Party and the Strategic Partnership Dialogue created by Article 400 of this Agreement a formal request that the matter in dispute be resolved. By way of derogation, disputes concerning the interpretation, implementation, or good faith application of Title IV (Trade and Trade-related Matters) of this Agreement shall be exclusively governed by Chapter 14 (Dispute Settlement) of Title IV (Trade and Trade-related Matters) of this Agreement.
2. The Parties shall endeavour to resolve the dispute by entering into good faith consultations within the Strategic Partnership Dialogue created in Article 400, with the aim of reaching a mutually acceptable solution in the shortest time possible.
3. Notwithstanding the provisions of Article 400 of this Agreement if a Party makes a formal request that a dispute be resolved, the Parties shall meet in the Strategic Partnership Dialogue within one month of that request being made. The Parties shall ensure that the configuration of the Strategic Partnership Dialogue convened to consider the dispute is comprised of high officials or representatives at the most appropriate governmental level of both Parties. The Parties shall provide the Strategic Partnership Dialogue with all the information required for a thorough examination of the situation.
4. Notwithstanding the provisions of Article 400 of this Agreement, if a dispute is not resolved within a reasonable time through consultations, the Strategic Partnership Dialogue shall, at the request of any Party, meet monthly to discuss the dispute. A dispute shall be deemed to be resolved when the Strategic Partnership Dialogue has taken a binding decision to settle the matter as provided in paragraph 3 of Article 409 of this Agreement, or when it has declared that the dispute is at an end.
5. All information disclosed during the resolution of the dispute shall remain confidential.
Article 411. Immediate Termination or Suspension of the Agreement
1. A Party may with immediate effect terminate the Agreement or suspend its operation in whole or in part only on the following grounds:
(a) denunciation of the Agreement by the other Party which is not sanctioned by the general rules of international law; or
(b) violation by the other Party of the essential elements in Article 2 of this Agreement.
2. Ifa Party invokes a ground listed in paragraph 1 (a) or (b) of this Article, Articles 409(2) and (3) and 410 shall not apply.
Article 412. Relation to other Agreements
1. Upon the entry into force of this Agreement, the Treaty on the Principles of Relations and Co-Operation between the United Kingdom of Great Britain and Northern Ireland and Ukraine, done at London on 10 February 1993 shall terminate with immediate effect, notwithstanding Article 22 of that Treaty.
2. The Parties may complement this Agreement by concluding specific agreements in any area falling within its scope. Such specific agreements shall be an integral part of the overall bilateral relations as governed by this Agreement and shall form part of a common institutional framework of the Parties.
Article 413. References to EU Law
1. Except as otherwise provided, references in this Agreement to EU law are to be read as references to that EU law in force as incorporated or implemented in United Kingdom law as retained EU law on the day after the United Kingdom ceases to be bound by the relevant EU law.
2. In this Article "United Kingdom law" includes the law of the territories for whose international relations the United Kingdom is responsible to whom this Agreement extends, as set out in paragraph 1 of Article 416.
Article 414. Annexes and Protocols
The Annexes and Protocols to this Agreement shall form an integral part thereof.
Article 415. Duration
1. This Agreement is concluded for an unlimited period. The Parties shall provide for a comprehensive review of the achievement of objectives under this Agreement by mutual consent of the Parties.
2. Either Party may denounce this Agreement by written notification to the other Party. This Agreement shall terminate six months from the date of receipt of such notification by the other Party.
3. This Article shall not apply if the Agreement is terminated in accordance with Article 411.
Article 416. Territorial Application
1. This Agreement shall apply, to the extent that and under the conditions which the EU-Ukraine Association Agreement applied immediately before it ceased to apply to the United Kingdom, on the one hand, to the United Kingdom and the following territories for whose international relations it is responsible:
(a) Gibraltar;
(b) the Channel Islands and the Isle of Man and, on the other hand, to the territory of Ukraine.
2. The application of this Agreement, or of Title IV (Trade and Trade-related Matters) thereof, in relation to the Autonomous Republic of Crimea, the city of Sevastopol and parts of the Donetsk and Luhansk Oblasts of Ukraine defined in the Laws of Ukraine of 15 April 2014 Nr. 1207-VII "On Ensuring the Rights and Freedoms of Citizens and Legal Regime on the Temporarily Occupied Territory of Ukraine" and of 18 January 2018 Nr. 2268-VIII "On the Peculiarities of State Policy on Ensuring the State Sovereignty of Ukraine over Temporarily Occupied Territories in Donetsk and Luhansk Oblasts", shall commence once Ukraine ensures the full implementation and enforcement of this Agreement, or of Title IV (Trade and Trade- related Matters) thereof, on its entire territory.
3. The Strategic Partnership Dialogue shall adopt a decision on when the full implementation and enforcement of this Agreement, or of Title IV (Trade and Trade- related Matters) thereof, on the entire territory of Ukraine, is ensured.
Article 417. Authentic Texts
This Agreement is drawn up in the English and Ukrainian languages, both texts being equally authentic.
Article 418. Entry Into Force
1. This Agreement shall be subject to ratification or approval in accordance with the laws of each Party. Each Party shall notify the other Party in writing of the completion of those procedures.
2. This Agreement shall enter into force on the later of:
(a) the date on which the EU-Ukraine Association Agreement ceases to apply to the United Kingdom, and
(b) the date of receipt of the later of the Parties' notifications that they have completed their internal procedures.
3. Notifications regarding completion of internal procedures under paragraph 1 of this Article shall be submitted by the United Kingdom to the Ministry of Foreign Affairs of Ukraine and by Ukraine to the United Kingdom's Foreign, Commonwealth and Development Office or its successor.
Conclusion
IN WITNESS WHEREOF the undersigned, being duly authorised, have signed this Agreement.
DONE at London, this eighth day of October, 2020, in two originals, in the English and Ukrainian languages, both texts being equally authentic.
For the United Kingdom of Great Britain and Northern Ireland:
BORIS JOHNSON
For Ukraine:
VOLODYMYR ZELENSKYY
Attachments
Annex XII. ANNEX XII to Chapter 6
LIST OF RESERVATIONS ON ESTABLISHMENT; LIST OF COMMITMENTS ON CROSS-BORDER SUPPLY OF SERVICES; LIST OF RESERVATIONS ON CONTRACTUAL SERVICES SUPPLIERS AND INDEPENDENT PROFESSIONALS
United Kingdom
1. Reservations in conformity with Article 84(2) (Establishment): Annex XII-A
2. List of commitments in conformity with Article 91(1) (Cross-Border Supply): Annex XII-B
3. Reservations in conformity with Articles 97 (Contractual services suppliers) and 98 (Independent Professionals): Annex XII-C
Ukraine
4. Reservations in conformity with Article 84(1) (Establishment) Annex XII-D;
5. List of commitments in conformity with Article 91(1) (Cross-Border Supply): Annex XII-E
6. Reservations in conformity with Articles 97 (Contractual services suppliers) and 98 (Independent Professionals): Annex XII-F
7. The following abbreviations are used for the purpose of Annexes XII-A, XII- B, XIL-C:
UK United Kingdom
8. The following abbreviation is used for the purpose of Annexes XII-D, XII-E, XI-F:
UA Ukraine
Annex XII-A. ANNEX XII-A to Chapter 6
UNITED KINGDOM RESERVATIONS ON ESTABLISHMENT
(Referred to in Article 84(2))
1. The list below indicates the economic activities where reservations to national treatment or most favourable treatment by the United Kingdom pursuant to Article 84(2) apply to establishments and investors of Ukraine.
The list is composed of the following elements:
(a) A list of horizontal reservations applying to all sectors or sub-sectors.
(b) A list of sector or sub-sector-specific reservations indicating the sector or sub-sector concerned alongside the applicable reservation(s).
A reservation corresponding to an activity which is not liberalised (Unbound) is expressed as follows: "No national treatment and most favoured nation treatment obligations".
2. In accordance with Article 81(3) of the Agreement, the list below does not include measures concerning subsidies granted by the Parties.
3. The rights and obligations arising from the list below shall have no selfexecuting effect and thus confer no rights directly on natural or legal persons.
Horizontal reservations
Most-Favoured Nation
The United Kingdom reserves the right to adopt or maintain any measure which accords differential treatment to a country pursuant to any existing or future bilateral or multilateral agreement which:
a) creates an internal market in services and investment;
b) grants the right of establishment; or
c) requires the approximation of legislation in one or more economic sectors.
An internal market on services and establishment means an area without internal frontiers in which the free movement of services, capital and persons is ensured.
The right of establishment means an obligation to abolish in substance all barriers to establishment among the parties to the regional economic integration agreement by the entry into force of that agreement. The right of establishment shall include the right of nationals of the parties to the regional economic integration agreement to set up and operate enterprises under the same conditions provided for nationals under the law of the country where such establishment takes place.
The approximation of legislation means:
(a) the alignment of the legislation of one or more of the parties to the regional economic integration agreement with the legislation of the other party or parties to that agreement; or
(b) the incorporation of common legislation into the law of the parties to the regional economic integration agreement.
Such alignment or incorporation shall take place, and shall be deemed to have taken place, only at such time that it has been enacted in the law of the party or parties to the regional economic integration agreement.
Public utilities
Economic activities considered as public utilities at a national or local level may be subject to public monopolies or to exclusive rights granted to private operators.
Investment and types of establishment
Treatment accorded to subsidiaries (of Ukraine companies) formed in accordance with the law of the United Kingdom and having their registered office, central administration or principal place of business within the United Kingdom is not extended to branches or agencies established in the United Kingdom by a Ukraine company.
Incorporation in the United Kingdom is required for establishment in some services sectors. (1)
Sectoral reservations
Fishing and Aquaculture
Access to and use of the biological resources and fishing grounds situated in the maritime waters coming under the sovereignty or within the jurisdiction of the United Kingdom may be restricted to fishing vessels flying the flag of the United Kingdom unless otherwise provided for.
Mining and quarrying
No national treatment and most favourable treatment obligations with respect to juridical persons of Ukraine controlled (2) by natural or juridical persons of a country which accounts for more than 5% of the United Kingdom’s oil or natural gas imports, unless the United Kingdom provides comprehensive access to this sector to natural or juridical persons of this country, in the context of an economic integration agreement concluded with that country.
Manufacturing
Manufacture of refined petroleum products (3)
No national treatment and most favourable treatment obligations with respect to juridical persons of Ukraine controlled (4) by natural or juridical persons of a country which accounts for more than 5% of the United Kingdom’s oil or natural gas imports, unless the United Kingdom provides comprehensive access to this sector to natural or juridical persons of this country, in the context of an economic integration agreement concluded with that country.
Production, Transmission and distribution on own account of electricity, gas, steam and hot water (5) (excluding nuclear based electricity generation)