(d) corruption, both in the private and public sector;
(e) forgery of documents;
(f) cybercrime; and
(g) new crime types, including hybrid threats.
3. The Parties shall enhance bilateral, regional and international cooperation in this field, including, where appropriate, cooperation that involves the International Criminal Police Organization (Interpol) and the European Union Agency for Law Enforcement Cooperation (Europol). The Parties shall further develop their cooperation on, inter alia:
(a) the exchange of best practice, including on investigation techniques and crime research;
(b) the exchange of information in line with applicable rules;
(c) capacity-building, including training and, where appropriate, the exchange of staff; and
(d) issues relating to the protection of witnesses and victims.
4. The Parties are committed to implementing effectively the UN Convention against Transnational Organised Crime of 2000 and its three Protocols, the UN Convention against Corruption of 2003 and other relevant international instruments.
Article 22. Cooperation In Fighting Terrorism
1. The Parties agree to cooperate in the prevention and suppression of acts of terrorism in accordance with international law, international human rights law, refugee law and international humanitarian law, and the respective laws and regulations of the Parties. In particular, the Parties agree to cooperate on the basis of the full implementation of Resolution No. 1373 of the UN Security Council of 2001, the United Nations Global Counter-Terrorism Strategy of 2006 and subsequent updates and other relevant UN instruments, and applicable international conventions and instruments.
2. The Parties shall do so in particular by exchanging: (a) information on terrorist groups and their support networks;
(b) experience and information on terrorism trends and on the means and methods of combating terrorism, including in technical areas, and training; and
(c) experience in respect of terrorism prevention.
All exchange of information shall take place in accordance with international and national law.
3. In accordance with paragraph one of this Article, the Parties further:
(a) reaffirm their conviction that terrorism in all forms and manifestations constitutes one of the most serious threats to international peace and security and that any acts of terrorism are criminal and unjustifiable regardless of their motivations, whenever, wherever and by whomsoever committed; and
(b) reiterate their commitment to combat terrorism by all means and shall ensure that any person who participates in the financing, planning, preparation or perpetration of terrorist acts or in supporting terrorist acts is brought to justice.
Article 23. Legal Cooperation
1. The Parties shall further develop judicial cooperation in civil and criminal matters, making full use of the relevant international and bilateral instruments and based on the principles of legal certainty and the right to a fair trial.
2. The Parties shall facilitate further judicial cooperation in civil matters on the basis of the applicable multilateral legal instruments, especially the conventions of the Hague Conference on Private International Law in the field of international legal cooperation and litigation as well as the protection of children.
3. As regards judicial cooperation in criminal matters, the Parties shall seek to enhance arrangements on mutual legal assistance and extradition. This would include, where appropriate, accession to, and implementation of, the relevant international instruments of the United Nations and the Council of Europe, as well as the Rome Statute of the International Criminal Court of 1998, including, wherever possible, cooperation through Eurojust.
Article 24. Diplomatic Missions
The Parties shall extend to each other all appropriate assistance in the operations of diplomatic missions in each other's countries.
Title IV. TRADE AND TRADE-RELATED MATTERS
Chapter 1. NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS
Section 1. COMMON PROVISIONS
Article 25. Objective
The Parties shall continue to progressively establish a free trade area over a transitional period of a maximum of 10 years starting from 1 January 2016 (1), in accordance with the provisions of this Agreement and in conformity with Article XXIV of the General Agreement on Tariffs and Trade 1994 (hereinafter referred to as "GATT 1994").
Article 26. Scope and Coverage
1. The provisions of this Chapter shall apply to trade in goods (2) originating in the territories of the Parties.
2. For the purposes of this Chapter, "originating" means qualifying under the rules of origin set out in Protocol I to this Agreement (Concerning the Definition of the Concept of "Originating Products" and Methods of Administrative Cooperation).
Section 2. ELIMINATION OF CUSTOMS DUTIES, FEES AND OTHER CHARGES
Article 27. Definition of Customs Duties
For the purposes of this Chapter, a "customs duty" includes any duty or charge of any kind imposed on, or in connection with, the import or export of a good, including any form of surtax or surcharge imposed on, or in connection with, such import or export. A "customs duty" does not include any:
(a) charge equivalent to an internal tax imposed consistently with Article 32 of this Agreement;
(b) duties imposed consistently with Chapter 2 (Trade Remedies) of Title IV of this Agreement;
(c) fees or other charges imposed consistently with Article 33 of this Agreement.
Article 28. Classification of Goods
The classification of goods in trade between the Parties shall be that set out in each Party's respective tariff nomenclature in conformity with the Harmonised System of the International Convention on the Harmonised Commodity Description and Coding System of 1983 (hereinafter referred to as the "HS") and subsequent amendments thereto.
Article 29. Elimination of Customs Duties on Imports
1. The Parties shall eliminate all customs duties on goods originating in the other Party, except as provided in the Schedules set out in Annex I-A to this Agreement (hereinafter referred to as the "Schedules").
2. For each good, the base rate of customs duties to which the successive reductions are to be applied under paragraph 1 of this Article shall be that specified in Annex I to this Agreement.
Without prejudice to the first subparagraph, for worn clothing and other worn articles falling within the Ukrainian customs code 6309 00 00, Ukraine will apply an entry price custom duty on imports to its territory, in accordance with the conditions set out in Annex I-B to this Agreement.
3. If, at any moment following the date of entry into force of this Agreement, a Party reduces its applied most-favoured-nation (hereinafter referred to as 'MFN') customs duty rate, such duty rate shall apply as base rate if and for as long as it is lower than the customs duty rate calculated in accordance with that Party's Schedule.
4. Two years after the entry into force of this Agreement, at the request of either Party, the Parties shall consult one another in order to consider accelerating and broadening the scope of the elimination of customs duties on trade between themselves. A decision of the Trade Committee created in Article 404(1) of this Agreement on the acceleration or elimination of a customs duty on a good shall supersede any duty rate or staging category determined pursuant to their Schedules for that good.
Article 30. Standstill
Neither Party may increase any existing customs duty, or adopt any new customs duty, on a good originating in the territory of the other Party. This shall not preclude that either Party may:
(a) raise a customs duty to the level established in its Schedule following a unilateral reduction; or
(b) maintain or increase a customs duty as authorised by the Dispute Settlement Body (hereinafter referred to as the "DSB") of the World Trade Organization (hereinafter referred to as the "WTO").
Article 31. Customs Duties on Exports
1. The Parties shall not institute or maintain any customs duties, taxes or other measures having an equivalent effect imposed on, or in connection with, the exportation of goods to the territory of each other.
2. Existing customs duties or measures having equivalent effect applied by Ukraine, as listed in Annex I-C to this Agreement, shall be phased out over a transitional period in accordance with the Schedule included in Annex I-C to this Agreement. In the case of an update to the Ukrainian customs code, commitments made under the Schedule in Annex I-C to this Agreement shall remain in force based on correspondence of description of the goods. Ukraine may introduce safeguard measures for export duties as set out in Annex I-D to this Agreement. Such safeguard measures shall expire at the end of the period specified for that good in Annex I-D to this Agreement.
Article 32. Export Subsidies and Measures of Equivalent Effect
1. Upon entry into force of this Agreement, no Party shall maintain, introduce or reintroduce export subsidies or other measures with equivalent effect on agricultural goods destined for the territory of the other Party.
2. For the purposes of this Article, âexport subsidies" shall have the meaning assigned to that term in Article 1(e) of the Agreement on Agriculture, contained in Annex 1A to the WTO Agreement (hereinafter referred to as the "Agreement on Agriculture"), including any amendment of that Article of that Agreement on Agriculture.
Article 33. Fees and other Charges
Each Party shall ensure, in accordance with Article VIII of GATT 1994 and its interpretative notes, that all fees and charges of whatever nature other than customs duties or other measures referred to in Article 27 of this Agreement, imposed on, or in connection with, the import or export of goods are limited in amount to the approximate cost of services rendered and do not represent an indirect protection of domestic goods or taxation of imports or exports for fiscal purposes.
Section 3. NON-TARIFF MEASURES
Article 34. National Treatment
Each Party shall accord national treatment to the goods of the other Party in accordance with Article II of GATT 1994, including its interpretative notes. To this end, Article Il of GATT 1994 and its interpretative notes are incorporated into and made an integral part of this Agreement.
Article 35. Import and Export Restrictions
No Party shall adopt or maintain any prohibition or restriction or any measure having an equivalent effect on the import of any good of the other Party or on the export or sale for export of any good destined for the territory of the other Party, except as otherwise provided in this Agreement or in accordance with Article XI of GATT 1994 and its interpretative notes. To this end, Article XI of GATT 1994 and its interpretative notes are incorporated into, and made an integral part of, this Agreement.
Section 4. SPECIFIC PROVISIONS RELATED TO GOODS
Article 36. General Exceptions
Nothing in this Agreement shall be construed in such a way as to prevent the adoption or enforcement by any Party of measures in accordance with Articles XX and XXI
of GATT 1994 and its interpretative notes, which are hereby incorporated into and made an integral part of this Agreement.
Section 5. ADMINISTRATIVE COOPERATION AND COORDINATION WITH OTHER COUNTRIES
Article 37. Special Provisions on Administrative Cooperation
1. The Parties agree that administrative cooperation is essential for the implementation and control of the preferential treatment granted under this Chapter and underline their commitment to combating irregularities and fraud in customs matters related to the import, export, and transit of goods and their placement under any other customs regime or procedure, including measures of prohibition, restriction and control.
2. Where a Party, on the basis of objective documented information, experiences a failure by the other Party to provide administrative cooperation and/or verify the existence of irregularities or fraud under this Chapter, the Party concerned may temporarily suspend the relevant preferential treatment of the product(s) concerned in accordance with this Article.
3. For the purposes of this Article, failure to provide administrative cooperation in investigating customs irregularities or fraud shall mean, inter alia:
(a) a repeated failure to respect the obligations to verify the originating status of the product(s) concerned;
(b) arepeated refusal or undue delay in carrying out and/or communicating the results of subsequent verification of the proof of origin;
(c) arepeated refusal or undue delay in obtaining authorisation to conduct administrative cooperation missions to verify the authenticity of documents or accuracy of information relevant to the granting of the preferential treatment in question.
For the purposes of this Article, a finding of irregularities or fraud may be made, inter alia, where there is a rapid increase, without satisfactory explanation, in imports of goods exceeding the usual level of production and export capacity of the other Party that is linked to objective information concerning irregularities or fraud.
4. The application of a temporary suspension shall be subject to the following conditions:
(a) The Party which has, on the basis of objective information, made a finding of failure to provide administrative cooperation and/or of irregularities or fraud stemming from the other Party shall, without undue delay, notify the Trade Committee of its finding together with the objective information and enter into consultations within the Trade Committee, on the basis of all relevant information and objective findings, with a view to reaching a solution which is acceptable to both Parties. During the period of consultations referred to above, the product(s) concerned shall enjoy the preferential treatment.
(b) Where the Parties have entered into consultations within the Trade Committee as referred to in point (a) and have failed to agree on an acceptable solution within three months of the first meeting of the Trade Committee, the Party concerned may temporarily suspend the relevant preferential treatment of the product(s) concerned. Such temporary suspension shall be notified to the Trade Committee without undue delay.
(c) Temporary suspensions under this Article shall be limited to what is necessary to protect the financial interests of the Party concerned. Each temporary suspension shall not exceed six months. However, a temporary suspension may be renewed. Temporary suspensions shall be notified immediately after their adoption to the Trade Committee. They shall be subject to periodic consultations within the Trade Committee, in particular with a view to their termination as soon as the conditions for their application cease to exist.
5. At the same time as the notification to the Trade Committee under paragraph 4(a) of this Article, the Party concerned should publish a notice to importers in its sources of official information. The notice to importers should indicate for the product concerned that there is a finding, on the basis of objective information, of a failure to provide administrative cooperation and/or of irregularities or fraud.
Article 38. Management of Administrative Errors
In the event of error by the competent authorities in the proper management of the preferential system at export, and in particular in the application of the provisions of the Protocol to this Agreement concerning the definition of âoriginating productsâ and methods of administrative cooperation, where this error leads to consequences in terms of import duties, the Party facing such consequences may request that the Trade Committee examine the possibility of adopting any appropriate measure with a view to resolving the situation.
Article 39. Agreements with other Countries
1. This Agreement shall not preclude the maintenance or establishment of customs unions, free trade areas or arrangements for frontier traffic, except in so far as they conflict with trade arrangements provided for in this Agreement.
2. Consultations between the Parties shall take place within the Trade Committee concerning agreements establishing customs unions, free trade areas or arrangements for frontier traffic and, where requested, on other major issues relating to their respective trade policies with third countries.
Chapter 2. TRADE REMEDIES
Section 1. GLOBAL SAFEGUARD MEASURES
Article 40. General Provisions
1. The Parties confirm their rights and obligations under Article XIX of GATT 1994 and the Agreement on Safeguards contained in Annex 1A to the WTO Agreement (hereinafter referred to as the "Agreement on Safeguards"). The UK retains its rights and obligations under Article 5 of the Agreement on Agriculture, contained in Annex 1A to the WTO Agreement (hereinafter referred to as the "Agreement on Agriculture"), except for agricultural trade subject to preferential treatment under this Agreement.
2. The preferential rules of origin established under Chapter 1 (National Treatment and Market Access for Goods) of Title IV of this Agreement shall not apply to this Section.
Article 41. Transparency
1. The Party initiating a safeguard investigation shall notify the other Party of such initiation by sending an official notification to the other Party, if the latter has a substantial economic interest.
2. For the purposes of this Article, a Party shall be considered as having a substantial economic interest when it is among the five largest suppliers of the imported product during the most recent three-year period of time, measured in terms of either absolute volume or value.
3. Notwithstanding Article 40 of this Agreement and without prejudice to Article 3.2 of the Agreement on Safeguards, at the request of the other Party, the Party initiating a safeguard investigation and intending to apply safeguard measures shall provide immediately ad hoc written notification of all the pertinent information leading to the initiation of a safeguard investigation and imposition of safeguard measures, including where relevant, on the provisional findings and on the final findings of the investigation as well as offer the possibility for consultations to the other Party.
Article 42. Application of Measures
1. When imposing safeguard measures, the Parties shall endeavour to impose them in a way that least affects their bilateral trade.
2. For the purposes of paragraph 1 of this Article, if one Party considers that the legal requirements for the imposition of definitive safeguard measures are met, the Party intending to apply such measures shall notify the other Party and give the possibility to hold bilateral consultations. Ifno satisfactory solution is reached within 30 days of the notification, the importing Party may adopt the appropriate measures to remedy the problem.
Article 43. Developing Country
To the extent that Ukraine qualifies as a developing country (3) for the purposes of Article 9 of the Agreement on Safeguards, it will not be subject to any safeguard measures applied by the UK, in so far as the conditions set out in Article 9 of that Agreement are fulfilled.
Section 2. ANTI-DUMPING AND COUNTERVAILING MEASURES
Article 44. General Provisions
1. The Parties confirm their rights and obligations under Article VI of GATT 1994, the Agreement on Implementation of Article VI of GATT 1994, contained in Annex 1A to the WTO Agreement (hereinafter referred to as the "Anti-Dumping Agreement") and the Agreement on Subsidies and Countervailing Measures, contained in Annex 1A to the WTO Agreement (hereinafter referred to as the "SCM Agreement").
2. The preferential rules of origin established under Chapter 1 (National Treatment and Market Access for Goods) of Title IV of this Agreement shall not apply to this Section.
Article 45. Transparency
1. The Parties agree that anti-dumping and countervailing measures should be used in full compliance with the requirements under the Anti-Dumping Agreement and the SCM Agreement respectively and should be based on a fair and transparent system.
2. After receipt by a Party's competent authorities of a properly documented anti- dumping application with respect to imports from the other Party, and no later than 15 days before initiating an investigation, the Party shall provide written notification to the other Party of receipt of the application.
3. Without prejudice to Article 6.5 of the Anti-Dumping Agreement and Article 12.4 of the SCM Agreement, the Parties shall ensure, immediately after the imposition of provisional measures, if any, and before final determination is made, full and meaningful disclosure of all essential facts and considerations which form the basis for the decision to apply measures. Disclosure shall be made in writing and allow interested parties sufficient time to make their comments. After final disclosure, interested parties shall be given at least 10 days to make their comments.
4. Provided it does not unnecessarily delay the conduct of the investigation and in accordance with a Party's internal legislation concerning investigation procedures, each interested party shall be granted the possibility to be heard in order to express its views during anti-dumping and anti-subsidy investigations.
Article 46. Consideration of Public Interest
Anti-dumping or countervailing measures may not be applied by a Party where, on the basis of the information made available during the investigation, it can clearly be concluded that it is not in the public interest to apply such measures. The public interest determination shall be based on an appreciation of all the various interests taken as a whole, including the interests of the domestic industry and of users, consumers and importers to the extent that they have provided relevant information to the investigating authorities.
Article 47. Lesser Duty Rule
Should a Party decide to impose a provisional or definitive anti-dumping or countervailing duty, the amount of such duty shall not exceed the margin of dumping or countervailable subsidies, but it should be less than the margin if such a lesser duty would be adequate to remove the injury to the domestic industry.
Article 48. Application of Measures and Reviews
1. Provisional anti-dumping or countervailing measures may be applied by the Parties only if a preliminary determination has shown the existence of dumping or subsidy causing injury to a domestic industry.
2. Before imposing a definitive anti-dumping or countervailing duty, the Parties shall explore the possibility of applying constructive remedies, due consideration being given to the special circumstances of each case. Without prejudice to the relevant provisions of each Party's internal legislation, the Parties should give preference to price undertakings, to the extent that they have received adequate offers by exporters and that the acceptance of these offers is not considered impractical.
3. Upon receiving a duly substantiated request made by an exporter for a review of anti-dumping or countervailing measures in force, the Party that has imposed the measure shall examine such a request in an objective and expeditious manner and shall inform the exporter of the results of the examination as soon as possible.
Section 3. CONSULTATIONS
Article 49. Consultations
1. A Party shall afford the other Party, at the latter's request, the opportunity for consultation concerning specific issues that may arise regarding the application of trade remedies. Those issues may concern, but are not limited to, the methodology followed to calculate margins of dumping, including various adjustments, the use of statistics, the development of imports, the determination of injury and the application of the lesser duty rule.
2. Consultations shall take place as soon as possible and normally within 21 days of the request.
3. Consultations under this Section shall be held without prejudice to, and in full compliance with, the provisions of Article 41 and Article 45 of this Agreement.
Section 4. INSTITUTIONAL PROVISIONS
Article 50. Dialogue on Trade Remedies
1. The Parties have agreed to establish an expert-level Dialogue on Trade Remedies as a forum for cooperation in trade remedies matters.
2. The Dialogue on Trade Remedies shall be conducted with the aim of:
(a) enhancing a Party's knowledge and understanding of the other Party's trade remedy laws, policies and practices;
(b) examining the implementation of this Chapter;
(c) improving cooperation between the Parties' authorities having responsibility for trade remedies matters;
(d) discussing international developments in the area of trade defence; (e) cooperating on any other trade remedies matter.
3. The Dialogue on Trade Remedies meetings shall be held on ad hoc basis upon request by either Party. The agenda of each such meeting shall be jointly agreed in advance.
Section 5. DISPUTE SETTLEMENT
Article 51. Dispute Settlement
Chapter 14 (Dispute Settlement) of Title IV of this Agreement shall not apply to this Chapter.
Chapter 3. TECHNICAL BARRIERS TO TRADE
Article 52. Scope and Definitions
1. This Chapter applies to the preparation, adoption and application of technical regulations, standards, and conformity assessment procedures as defined in the Agreement on Technical Barriers to Trade, contained in Annex 1A to the WTO Agreement (hereinafter referred to as the "TBT Agreement") that may affect trade in goods between the Parties.
2. Notwithstanding paragraph 1 of this Article, this Chapter does not apply to sanitary and phytosanitary measures as defined in Annex A of the Agreement on the Application of Sanitary and Phytosanitary Measures, contained in Annex 1A to the WTO Agreement (hereinafter referred to as the "SPS Agreement"), nor to purchasing specifications prepared by public authorities for their own production or consumption requirements.
3. For the purposes of this Chapter, the definitions of Annex I to the TBT Agreement shall apply.
Article 53. Affirmation of the TBT Agreement
The Parties affirm their existing rights and obligations with respect to each other under the TBT Agreement, which is hereby incorporated into, and made part of, this Agreement.
Article 54. Technical Cooperation
1. The Parties shall strengthen their cooperation in the field of technical regulations, standards, metrology, market surveillance, accreditation and conformity assessment procedures with a view to increasing mutual understanding of their respective systems and facilitating access to their respective markets. To this end, they may establish regulatory dialogues at both horizontal and sectoral levels.
2. In their cooperation, the Parties shall seek to identify, develop and promote trade-facilitating initiatives which may include, but are not limited to:
(a) reinforcing regulatory cooperation through the exchange of information, experience and data; scientific and technical cooperation, with a view to improving the quality of their technical regulations, standards, testing, market surveillance, certification, and accreditation, and making efficient use of regulatory resources;
(b) promoting and encouraging cooperation between their respective organisations, public or private, responsible for metrology, standardisation, testing, market surveillance, certification and accreditation;