Production of electricity; transmission and distribution of electricity on own account
Manufacture of gas; distribution of gaseous fuels through mains on own account
No national treatment and most favoured nation obligations for production of electricity, transmission and distribution of electricity on own account and manufacture of gas, distribution of gaseous fuels.
For production, transmission and distribution of steam and hot water
No national treatment and most favoured national obligations for juridical persons controlled (6) by natural or juridical persons of a country which accounts for more than 5% of the United Kingdom’s oil, electricity or natural gas imports. Unbound for direct branching (incorporation is required).
Business services
Professional services
No national treatment and most favourable treatment obligations with respect to the supply of legal advisory and legal authorisation, documentation, and certification services provided by legal professionals entrusted with public functions, such as notaries, and with respect to services provided by bailiffs. (7)
Research and Development services
For publicly funded Research and Development services, exclusive rights and/or authorisations can only be granted to the United Kingdom nationals and to the United Kingdom juridical persons having their headquarters in the United Kingdom.
Rental/Leasing without Operators
With respect to rental and leasing relating to aircraft, although waivers can be granted for short-term lease contracts, aircraft must be owned either by natural persons meeting specific nationality criteria or by juridical persons meeting specific criteria regarding ownership of capital and control (including nationality of directors).
Other business services
No national treatment and most favoured nation treatment obligations with respect to the supply of placement services of domestic help personnel, other commercial or industrial workers, nursing, and other personnel.
Communication services
Telecommunication services
No national treatment and most favoured nation treatment with respect to broadcast transmission services. Broadcasting is defined as the uninterrupted chain of transmission required for the distribution of TV and radio programme signals to the general public, but does not cover contribution links between operators.
Distribution services
No national treatment and most favourable nation treatment obligations with respect to distribution of arms, munitions and explosives.
Environmental services
Collection, purification and distribution of water
No national treatment and most favoured nation treatment obligations with respect to activities, including servicesrelating to the collection, purification and distribution of water to household, industrial, commercial or other users, including the supply of drinking water, and water management.
Financial services (8)
Only firms having their registered office in the United Kingdom can act as depositories of the assets of investment funds. The establishment of a specialised management company, having its head office and registered office in the United Kingdom, is required to perform the activities of management of unit trusts and investment companies.
Health, Social and Education services
No national treatment and most favourable nation treatment obligations with respect to publicly-funded health, social and education services.
With respect to privately-funded education services, nationality conditions may apply for majority of members of the Board.
No national treatment and most favoured nation treatment obligations with respect to the provision of privately-funded other education services, which means other than those classified as being primary, secondary, higher and adult education services.
No national treatment and most favoured nation treatment obligations with respect to all privately-funded health services, other than privately funded hospital, ambulance, and residential health facilities services other than hospital services
No national treatment and most favoured nation treatment obligations with respect to the provision of privately-funded ambulance services or privately-funded residential health services other than hospital services.
No national treatment and most favoured nation treatment obligations with respect to the provision of privately-funded social services other than services relating to Convalescent and Rest Houses and Old People's Homes.
Recreational, cultural and sporting services
Libraries, archives, museum and other cultural services
No national treatment and most favoured nation treatment with respect to libraries, archives, museum and other cultural services.
Sporting and other recreational services
No national treatment and most favourable nation treatment obligations with respect to gambling and betting services. For legal certainty, it is clarified that no market access is granted.
Transport services
Maritime transport
No national treatment and most favourable nation treatment obligations with respect to national maritime cabotage transport.
No national treatment and most favourable treatment obligations for the establishment of a registered company for the purpose of operating a fleet under the national flag of the United Kingdom.
Internal Waterways Transport (9)
No national treatment and most favourable nation treatment obligations with respect to national cabotage transport. Measures based upon existing or future agreements on access to inland waterways reserve some traffic rights for operators based in the countries concerned and meeting nationality criteria regarding ownership.
Air transport services
No national treatment and most favourable nation treatment obligations for domestic and international air transport services, whether scheduled or non-scheduled, and services directly related to the exercise of traffic rights, other than aircraft repair and maintenance services, the selling and marketing of air transport services, CRS services and other services auxiliary to air transport services, such as ground handling services, rental services of aircraft with crew and airport operations services. The conditions of mutual market access in air transport shall be dealt with by the Agreement between the Government of Ukraine and the Government of the United Kingdom of Great Britain and Northern Ireland concerning Air Services as amended from time to time.
No national treatment and most favoured nation treatment obligations with respect to the following auxiliary air transport services:
(a) the selling and marketing of air transport services;
(b) CRS services; and
(c) other services auxiliary to air transport, such as ground-handling services and airport operation services,
where treatment is pursuant to existing or future bilateral agreements relating to such services.
No national treatment and most favoured nation treatment obligations for maintenance and repair of aircrafts and parts, where treatment is pursuant to existing or future trade agreements pursuant to Article V of GATS.
Rental of aircraft with crew
Aircraft used by an air carrier of the United Kingdom have to be registered in the United Kingdom. With respect to rental of aircraft with crew, aircraft must be owned either by natural persons meeting specific nationality criteria or by juridical persons meeting specific criteria regarding ownership of capital and control. Aircraft must be operated by air carriers owned either by natural persons meeting specific nationality criteria or by juridical persons meeting specific criteria regarding ownership of capital and control.
Computer Reservations System
With respect to computer reservation services, where air carriers of the United Kingdom are not accorded equivalent treatment (10) to that provided in the United Kingdom by CRS services suppliers outside the United Kingdom, or where CRS services suppliers of the United Kingdom are not accorded equivalent treatment to that provided in the United Kingdom by non-UK air carriers, measures may be taken to accord equivalent treatment, respectively, to the non-UK air carriers by the CRS services suppliers in the United Kingdom, or to the non-UK CRS services suppliers by the air carriers in the United Kingdom.
Road transport
With respect to passenger transportation (CPC 7121 and CPC 7122), foreign investors cannot provide transport services within the United Kingdom (cabotage) except for rental of non-scheduled services of buses with operators.
Space transport and rental of space craft
No national treatment and most favoured nation treatment with respect to the transportation services via space and the rental of space craft.
Energy sector
No national treatment and most favourable treatment obligations with respect to juridical persons of Ukraine controlled (11) 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.
Certification of a transmission system operator which is controlled by a natural or legal person or persons from a third country or third countries may be refused where the operator has not demonstrated that granting certification will not put at risk the security of energy supply in the United Kingdom, in accordance with Article 11 of Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity, and with Article 11 of Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas.
Annex XII-D. ANNEX XII-D to Chapter 6
UKRAINE RESERVATIONS TO ESTABLISHMENT
(Referred to in Article 84(1))
Land ownership
Foreign citizens and persons without citizenship have no right to acquisition of property of agricultural lands. Foreign citizens and persons without citizenship do not have a right to acquire free of charge the land plots, which belong to the State and Municipal property, or to privatize the land plots, previously given to them into use.
Foreign legal persons may acquire property rights only for land plots of nonagricultural destination on the territory of populated localities in case of acquisition of the real estate objects related with business activity carried out in Ukraine, and outside the inhabited localities - in case of acquisition of real estate objects.
There are no restrictions on the rent of land by foreigners and foreign legal entities.
The acquisition, purchase as well as rent or lease of real estate by foreign natural persons and juridical persons may require an authorization.
Forestry
Forests can be owned only by Ukrainian citizens and legal entities.
The acquisition of state-owned properties
Enterprises and governmental agencies in which state ownership exceeds 25% are not authorized to participate in the privatization of Ukrainian enterprises.
Prospecting, exploring for and producing hydrocarbons
Establishment shall be in line with Article 265 (Access to and exercise of the activities of prospecting, exploring for and producing hydrocarbons) in Chapter 11 (Trade-related Energy) of Title IV of this Agreement.
Professional services
Legal advisory and legal documentations and certification services provided by legal professionals entrusted with public functions such as notaries, private executors, state registrars, and arbitration managers.
Notary services
Only citizens of Ukraine are permitted to supply notary services.
Medical and dental services
Professional qualification requirements according with Ukrainian legislation.
Foreign service suppliers must speak Ukrainian.
Private Services provided by Midwives, Nurses, Physiotherapists and Paramedical Personnel
Professional qualification requirements according with Ukrainian legislation.
Foreigner service suppliers must speak Ukrainian.
Postal and Courier Services (including express delivery services)
No national treatment for ordinary letters weighing lessthan 50 grams and postcards.
Licensing may be required for:
(і) Handling of addressed written communication on any kind of physical medium (48), including:
− Hybrid mail service
− Direct mail
(іі) Handling of addressed parcels and packages (49)
(ііі) Handling of addressed press products (50)
(iv) Handling of items referred to in (і) to (ііі) above as registered or insured mail,
− for which a general Universal Service Obligations exists.
These licenses may be subject to particular universal service obligations and/or financial contribution to a compensation fund.
Educational Services
Primary education services, Secondary education services, Higher education services
In line with Ukrainian legislation, only a citizen of Ukraine may be the head of an educational institution, notwithstanding the type of ownership.
Financial services
Participation in issues of all kinds of securities, including underwriting and placement as agent (whether publicly or privately) and provision of services related to such issues may be conducted only by legal persons engaged exclusively in issuance of securities, and banks.
Health Related And Social Services
Professional qualification requirements according with Ukrainian legislation for hospital services, including Hospital Management Services and other human health services.
Recreational, Cultural And Sporting Services
No national treatment and most favourable nation treatment obligations for access to subsidies to cinema theatre operation services.
Foreign investment for news agency services providers is limited to 35%.
Internal Waterways Transport (51)
No national treatment and most favourable nation treatment obligations with respect to national cabotage transport. Measures based upon existing or future agreements on access to inland waterways reserve some traffic rights for operators based in the countries concerned and meeting nationality criteria regarding ownership.
Air Transport Services
No national treatment and most favourable nation treatment obligations for domestic and international air transport services and services, whether scheduled or nonscheduled, and services directly related to the exercise of traffic rights, other than aircraft repair and maintenance services, the selling and marketing of air transport services, CRS services and other services auxiliary to air transport services, such as ground handling services, rental services of aircraft with crew and airport operations services. The conditions of mutual market access in air transport shall be dealt with by the Agreement between the Government Ukraine and the Government of the United Kingdom of Great Britain and Northern Ireland concerning Air Services as amended from time to time.
Rail Transport Services
No national treatment and most favourable nation treatment obligations for passenger and freight transportation, other than treatment established under Article 129 of Chapter 6 (Establishment, Trade in Services and Electronic Commerce) of Title IV on of this Agreement.
Road Transport Services
Passenger transportation and freight transportation entities shall be registered as a legal entity.
Annex XIX. ANNEX XIX to Chapter 14
RULES OF PROCEDURE FOR DISPUTE SETTLEMENT
GENERAL PROVISIONS
1. In Chapter 14 (Dispute Settlement) of Title IV of this Agreement and under these rules:
"adviser" means a person retained by a Party to advise or assist that Party in connection with the arbitration panel proceeding;
"arbitration panel" means a panel established under Article 293 of this Agreement;
"arbitrator" means a member of an arbitration panel established under Article 293 of this Agreement;
"assistant" means a person who, under the terms of appointment of an arbitrator conducts research or provides assistance to the arbitrator;
"complaining Party" means any Party that requests the establishment of an arbitration panel under Article 292 of this Agreement;
"expert" means an individual who provides specialist information, opinion or advice;
"staff", in respect of an arbitrator or mediator, means persons under the direction and control of the arbitrator or mediator, other than assistants;
"Party complained against" means the Party that is alleged to have acted inconsistently with this Agreement;
"representative of a Party" means an employee or any person appointed by a government department or agency or any other public entity of a Party, who represents the Party for the purposes of a dispute under this Agreement;
"day" means a calendar day.
2. The Party complained against shall be in charge of the logistical administration of dispute settlement proceedings, in particular the organisation of hearings, unless otherwise agreed. However, both Parties shall share the expenses derived from organisational matters, including the remuneration and expenses of the arbitrators and any general expenses customarily incurred by the routine functioning of the arbitration panel.
NOTIFICATIONS
3. The Parties and the arbitration panel shall transmit any request, notice, written submission or other document by delivery against receipt, registered post, courier, facsimile transmission, telex, telegram or any other means of telecommunication that provides a record of the sending thereof.
4. A Party shall provide a copy of each of its written submissions to the other Party and to each of the arbitrators. A copy of the document shall also be provided in electronic format.
5. All notifications, including requests for consultations, shall be addressed to the Ministry of Economic Development and Trade of Ukraine, Ministry of Foreign Affairs of Ukraine, the Department for International Trade of United Kingdom and the successors of the aforementioned departments, respectively.
6. Minor errors of a clerical nature in any request, notice, written submission or other document related to the arbitration panel proceeding may be corrected by delivery of a new document clearly indicating the changes.
7. Ifthe last day for delivery of a document falls on a legal holiday of Ukraine or of the institutions of the United Kingdom, the document may be delivered on the next business day.
COMMENCING THE ARBITRATION
8. Unless the Parties agree otherwise, they shall meet the arbitration panel within seven days of its establishment in order to determine such matters that the Parties or the arbitration panel deem appropriate, including the remuneration and expenses to be paid to the arbitrators, which will be in accordance with WTO standards.
INITIAL SUBMISSIONS
9. The complaining Party shall deliver its initial written submission no later than 20 days after the date of establishment of the arbitration panel. The Party complained against shall deliver its written counter-submission no later than 20 days after the date of delivery of the initial written submission.