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Organization |RESTRICTED | |
| | |
| |WT/ACC/UKR/152/Add.2 |
| |25 January 2008 |
| |(08-0403) |
| | |
|Working Party on the | |
|Accession of Ukraine | |
report of the working party on
THE ACCESSION OF UKRAINE
ADDENDUM
Part II – Schedule of Specific Commitments in Services
List of Article II MFN Exemptions
As indicated in paragraph 513 of the Report of the Working Party on the Accession of Ukraine (WT/ACC/UKR/152), the Schedule of Specific Commitments on Trade in Services resulting from the negotiations between Ukraine and WTO Members is annexed to the draft Protocol of Accession of Ukraine and is reproduced hereunder.
_______________
|Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural persons |
|Sector or sub-sector |Limitations on market access |Limitations on national treatment |Additional commitments |
|I. HORIZONTAL COMMITMENTS |
|ALL SECTORS INCLUDED IN THIS SCHEDULE | | | |
| | | | |
|Land ownership | | | |
| | |(3), (4) Foreign citizens and persons without | |
| | |citizenship have no right to acquisition into | |
| | |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 the property | |
| | |rights only for land plots of non-agricultural | |
| | |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. | |
| | | | |
| | |(1), (2), (3), (4) Unbound, referring to the | |
| | |subsidies and other forms of state support, | |
|Subsidies and other forms of state support | |including the access to financial and other material| |
| | |resources of the State. | |
| | | | |
| | |Access to subsidies and other forms of state | |
| | |support, including access to the financial and other| |
| | |material resources of the State, must be limited | |
| | |only to the citizens of Ukraine and/or juridical | |
| | |persons of Ukraine. | |
| | | | |
| | | | |
| | |Eligibility for subsidies and other forms of state | |
| | |support, including access to the financial and other| |
| | |material resources of the State, may be limited to | |
| | |the particular region, categories of persons | |
| | |suffering from their unfavourable social and | |
| | |economic position, small business enterprises, | |
| | |entities of social importance, public utilities. | |
| | | | |
| | | | |
|Movement of natural persons |(4) The entry and temporary stay in Ukraine of a | | |
| |foreign service supplier requires a permit for | | |
| |temporary stay or a work permit. | | |
| | | | |
| |For foreign individuals (paragraphs I and IIb) a | | |
| |work permit is issued for a period of 3 years. This| | |
| |period may be extended for 2 years. To this end an | | |
| |employer should apply in accordance with prescribed | | |
| |procedure to the relevant employment centre not | | |
| |later than a month before the date of expiry of the | | |
| |previous work permit. | | |
| | | | |
| |The entry and temporary stay for the categories of | | |
| |foreign individuals specified in paragraphs IIa and | | |
| |IIc is limited to a 180 days period within one | | |
| |calendar year. | | |
| | | | |
| |Unbound, except as indicated below concerning the | | |
| |temporary entry and stay of natural persons: | | |
| |I. Intra-corporate transferees (executives, | | |
| |managers and specialists) | | |
| | | | |
| |("Intra-corporate transferee" shall mean a person | | |
| |employed by a legal entity other than a non profit | | |
| |organization established in the territory of WTO | | |
| |Member, and who seeks temporary stay in order to | | |
| |supply services in Ukraine through the commercial | | |
| |presence of his employer) | | |
| | | | |
| |A natural person, employed by a legal entity or who | | |
| |had participation in it (but did not hold the | | |
| |controlling interest) for a period of not less than | | |
| |1 year, who seeks temporary stay in order to render | | |
| |service to that legal entity's branch, affiliate or | | |
| |subsidiary engaged in similar business operations in| | |
| |the territory of Ukraine. | | |
| | | | |
| |a) Executives: Individuals in the organization who | | |
| |mainly carry out direct management of the legal | | |
| |entity or set objectives and determine policies of | | |
| |the legal entity or the main component or functions | | |
| |of the legal entity, who have broad decision-making | | |
| |authority and are subject only to general | | |
| |supervision or guidance on the part of senior | | |
| |executives, the board of directors or the | | |
| |shareholders of the legal entity. | | |
| |b) Managers: Individuals in the organization who | | |
| |manage the legal entity or department or division of| | |
| |the legal entity, carry out control over work of | | |
| |other supervisory, professional or administrative | | |
| |personnel, have powers to hire and dismiss personnel| | |
| |or recommend the hire, dismissal or other personnel | | |
| |actions as well as carry out their personal | | |
| |authority in respect of day-to-day activities of the| | |
| |organization. | | |
| |c) Specialists: Individuals in the organization who| | |
| |possess knowledge at an advanced level of expertise | | |
| |and a proprietary knowledge of the entity's | | |
| |products, services, operations, or management | | |
| |techniques. This knowledge should reflect the | | |
| |required academic credentials and professional | | |
| |qualifications for performing work within the scope | | |
| |of the particular profession. | | |
| | | | |
| |II. Other essential persons | | |
| | | | |
| |(a) Services sellers | | |
| | | | |
| |A natural person, who temporarily stays in Ukraine | | |
| |and who comes to Ukraine for the purposes of | | |
| |participating in business meetings including | | |
| |negotiations in business contracts for the sale of | | |
| |services, and/or other similar activities. | | |
| |Such a service seller shall not engage in direct | | |
| |sales or supply of services to the general public | | |
| | | | |
| |(b) Persons who provide services without | | |
| |establishing commercial presence in Ukraine (direct | | |
| |provision of services) | | |
| | | | |
| |A natural person, who temporarily stays in Ukraine | | |
| |and who comes to Ukraine in accordance with a | | |
| |contract for direct provision of services and | | |
| |satisfies the requirements of professional | | |
| |qualifications, indicated in paragraph I c). | | |
| | | | |
| |(c) Persons responsible for the establishment of | | |
| |commercial presence in Ukraine | | |
| | | | |
| |A natural person employed by a service supplier or | | |
| |responsible for the establishment of commercial | | |
| |presence in the following cases: | | |
| | | | |
| |- representatives of a service supplier are not | | |
| |engaged in direct supplies or sales of services; or | | |
| |- representatives of a service supplier are employed| | |
| |by an enterprise that does not have an affiliate or | | |
| |subsidiary in Ukraine. | | |
|II. SECTOR SPECIFIC COMMITMENTS |
|I. BUSINESS SERVICES |
|1. Professional Services |
|(a) Legal Services | | | |
| | | | |
|- Legal advisory and representation services |(1) None. |(1) None. | |
|concerning criminal law |(2) None. |(2) None. | |
|(CPC 86111) |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|- Legal advisory and representation services in |(1) None. |(1) None. | |
|judicial procedure concerning fields of law, other |(2) None. |(2) None. | |
|than criminal law |(3) None. |(3) None. | |
|(CPC 86119) |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|- Legal advisory and representation services in |(1) None. |(1) None. | |
|statutory procedures |(2) None. |(2) None. | |
|(CPC 8612) |(3) None. |(3) None. | |
|(CPC 86120) |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|- Legal documentation and certification services |(1) None. |(1) None. | |
|(CPC 8613) |(2) None. |(2) None. | |
|(СPC 86130) |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|- Other legal advisory and information services, |(1) None. |(1) None. | |
|other than notary services |(2) None. |(2) None. | |
|(CPC 8619) |(3) None. |(3) None. | |
|(CPC 86190) |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|- Consultancy on home country law and international|(1) None. |(1) None. | |
|law and third country law |(2) None. |(2) None. | |
|(part of CPC 861) |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|- Notary services |(1) Only citizens of Ukraine are permitted to supply|(1) None. | |
| |notary services. | | |
| |(2) None. |(2) None. | |
| |(3) Only citizens of Ukraine are permitted to supply|(3) None. | |
| |notary services. | | |
| |(4) Only citizens of Ukraine are permitted to supply|(4) Unbound, except as indicated in the horizontal | |
| |notary services. |section. | |
|(b) Accounting and bookkeeping services |(1) None. |(1) None. | |
|(CPC 862 (except CPC 86211)) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|- Auditing services |(1) None, except official audit reports must be |(1) None. | |
|(CPC 86211) |confirmed by an auditor or auditing firm of Ukraine.| | |
| | | | |
| |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(c) Taxation services |(1) None. |(1) None. | |
|(CPC 863) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(d) Architectural services |(1) None. |(1) None. | |
|(CPC 8671) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(e) Engineering services |(1) None. |(1) None. | |
|(CPC 8672) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(f) Integrated engineering services |(1) None. |(1) None. | |
|(CPC 8673) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(g) Urban planning and landscape architecture |(1) None. |(1) None. | |
|services |(2) None. |(2) None. | |
|(CPC 8674) |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(h) Medical and dental services |(1) None. |(1) None. | |
|(CPC 9312) |(2) None. |(2) None. | |
| |(3) None, except: professional qualification |(3) None, except foreign service suppliers must | |
| |requirements according with Ukrainian legislation. |speak Ukrainian. | |
| |(4) Unbound, except as indicated in the horizontal | | |
| |section. | | |
| | |(4) Unbound, except as indicated in the horizontal | |
| | |section. | |
|(i) Veterinary services |(1) None. |(1) None. | |
|(CPC 932) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(j) Private Services provided by Midwives, Nurses, |(1) Unbound. |(1) Unbound. | |
|Physiotherapists and Paramedical Personnel |(2) None. |(2) None. | |
|(part of CPC 93191) |(3) None, except: professional qualification |(3) None, except foreigner service suppliers must | |
| |requirements according with Ukrainian legislation. |speak Ukrainian. | |
| |(4) Unbound, except as indicated in the horizontal | | |
| |section. | | |
| | |(4) Unbound, except as indicated in the horizontal | |
| | |section. | |
|2. Computer and Related Services |
|(a) Consultancy services related to the installation|(1) None. |(1) None. | |
|of computer hardware |(2) None. |(2) None. | |
|(CPC 841) |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(b) Software implementation services |(1) None. |(1) None. | |
|(CPC 842) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(c) Data processing services |(1) None. |(1) None. | |
|(CPC 843) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(d) Data base services |(1) None. |(1) None. | |
|(CPC 844) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(f) Other computer services: | | | |
| | | | |
|- Maintenance and repair services of office |(1) None. |(1) None. | |
|machinery and equipment including computers |(2) None. |(2) None. | |
|(CPC 845) |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
| - Data preparation services |(1) None. |(1) None. | |
|(CPC 849) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|3. Research and Development Services |
|(a) R&D services on natural science |(1) None. |(1) None. | |
|(CPC 851) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(b) R&D services on social science and humanities |(1) None. |(1) None. | |
|(CPC 852) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(c) Interdisciplinary R&D services |(1) None. |(1) None. | |
|(CPC 853) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|4. Real Estate Services |
|- Real estate services |(1) None. |(1) None. | |
|(CPC 821-822) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|5. Rental/Leasing Services without Operators |
|(e) Other | | | |
| | | | |
|- Rental or leasing (other than financial) services |(1) None. |(1) None. | |
|(CPC 831-832) |(2) None. |(2) None. | |
|- Including Rental or leasing of studio recording |(3) None. |(3) None. | |
|equipment (CPC 83109)** |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|6. Other Business Services |
|(a) Advertising services |(1) None. |(1) None. | |
|(CPC 871) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(b) Market research and public opinion polling |(1) None. |(1) None. | |
|services |(2) None. |(2) None. | |
|(CPC 864) |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(c) Management consulting service |(1) None. |(1) None. | |
|(CPC 865) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(d) Services related to management consulting |(1) None. |(1) None. | |
|(CPC 866) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(e) Technical testing and analysis services, |(1) None. |(1) None. | |
|including ships survey services |(2) None. |(2) None. | |
|(CPC 8676) |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(f) Services incidental to agriculture, hunting and |(1) None. |(1) None. | |
|forestry (except fire fighting, timber evaluation, |(2) None. |(2) None. | |
|forest management including forest damage assessment|(3) None. |(3) None. | |
|services) |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
|(part of CPC 881) |section. |section. | |
|- Consultancy services on fire fighting, timber |(1) None. |(1) None. | |
|evaluation, forest management including forest |(2) None. |(2) None. | |
|damage assessment services |(3) None. |(3) None. | |
|(part of CPC 881) |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(g) Services incidental to fishing |(1) None. |(1) None. | |
|(CPC 882) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(h) Services incidental to mining |(1) None. |(1) None. | |
|(CPC 883+5115) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(i) Services incidental to manufacturing |(1) None. |(1) None. | |
|(part of CPC 884 + part of CPC 885) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(j) Services incidental to energy distribution |(1) None. |(1) None. | |
|(CPC 887) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(k) Placement and supply services of Personnel |(1) None. |(1) None. | |
|(CPC 872) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(m) Related scientific and technical consulting |(1) None. |(1) None. | |
|services |(2) None. |(2) None. | |
|(CPC 8675) |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(n) Maintenance and repair of equipment (not |(1) None. |(1) None. | |
|including maritime vessels, aircraft or other |(2) None. |(2) None. | |
|transportation equipment) |(3) None. |(3) None. | |
|(CPC 6112, 6122, 633+8861-8866) |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|- Including Automotive Maintenance and Repair | | | |
|Services | | | |
|(CPC 8867) | | | |
|(o) Building-cleaning services |(1) None. |(1) None. | |
|(CPC 874) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(p) Photographic services (except for aerial |(1) Unbound* |(1) Unbound* | |
|photography) |(2) None. |(2) None. | |
|(CPC 875) |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(q) Packaging services |(1) None. |(1) None. | |
|(CPC 876) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(r) Printing, publishing |(1) None. |(1) None. | |
|(CPC 88442) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(s) Convention services |(1) None. |(1) None. | |
|(CPC 87909)* |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(t) Other |(1) None. |(1) None. | |
| |(2) None. |(2) None. | |
|- Translation and interpretation services |(3) None. |(3) None. | |
|(CPC 87905) |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|- Specialty design services |(1) None. |(1) None. | |
|(CPC 87907) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|II. COMMUNICATION SERVICES |
|1. and 2. Postal and Courier Services (including express delivery services)[1] |
|Services relating to the handling[2] of items in |(1) (2) (3) Licensing systems may be established for|(1) (2) (3) None. | |
|accordance with the following list of sub-sectors, |sub-sectors (і) to (iv), for which a general | | |
|whether for domestic or foreign destinations. For |Universal Service Obligations exists. These | | |
|the purpose of the following commitments, written |licenses may be subject to particular universal | | |
|communication excludes simple letters weighing less |service obligations and/or financial contribution to| | |
|than 50 grams and postcards. |a compensation fund. None for sub-sectors (v) to | | |
| |(viii). | | |
| | | | |
|(і) Handling of addressed written communication on |(4) Unbound except as indicated in the horizontal |(4) Unbound except as indicated in the horizontal | |
|any kind of physical medium[3], including: |section. |section. | |
| | | | |
|- Hybrid mail service | | | |
|- Direct mail | | | |
| | | | |
|(іі) Handling of addressed parcels and packages[4] | | | |
|(ііі) Handling of addressed press products[5] | | | |
|(iv) Handling of items referred to in (і) to (ііі) | | | |
|above as registered or insured mail | | | |
|(v) Express delivery services[6] for items referred | | | |
|to in (і) to (ііі) above | | | |
|(vі) Handling of non-addressed items | | | |
|(vіі) Document exchange[7] | | | |
|(viіі) Other services not elsewhere specified | | | |
|3. Telecommunication services |
| |
|The following general conditions apply: |
| |
|Commitments undertaken by Ukraine are based on the principles of compilation of schedules covered by the following documents: "Notes for Scheduling Basic Telecom Services Commitments" (S/GBT/W/2/Rev.1) and "Market|
|Access Limitations on Spectrum Availability" (S/GBT/W/3) |
|Basic Telecommunications Services: |
|(a) Voice telephone services |(1) None. |(1) None. |The attached Reference Paper on regulatory |
|(CPC7521) |(2) None. |(2) None. |principles is incorporated as additional commitments|
| |(3) None. |(3) None. |by Ukraine |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(b) Packet-switched data transmission services |(1) None. |(1) None. | |
|(CPC7523**) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(c) Circuit-switched data transmission services |(1) None. |(1) None. | |
|(CPC7523**) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(d) Telex services |(1) None. |(1) None. | |
|(CPC7523**) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(e) Telegraph services |(1) None. |(1) None. | |
|(CPC7522) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(f) Facsimile services |(1) None. |(1) None. | |
|(CPC 7521**+7529**) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(g) Private leased circuit services |(1) None. |(1) None. | |
|(CPC 7522**+7523**) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(o) Other |(1) None. |(1) None. | |
|- Mobile voice and data services |(2) None. |(2) None. | |
|(CPC 75213) |(3) None. |(3) None. | |
|- Paging services |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
|(CPC 75291) |section. |section. | |
|- Teleconferencing services | | | |
|(CPC 75292) | | | |
|- Integrated telecommunication services, excluding | | | |
|broadcasting[8] | | | |
|(CPC 7526) | | | |
|Value-added Telecommunications Services |
|(h) Electronic mail |(1) None. |(1) None. | |
|(CPC 7523**) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(i) Voice mail |(1) None. |(1) None. | |
|(CPC 7523**) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(j) On-line information and database retrieval |(1) None. |(1) None. | |
|(CPC 7523**) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(k) Electronic data interchange (EDI) |(1) None. |(1) None. | |
|(CPC 7523**) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(l) Value-added facsimile services, including store |(1) None. |(1) None. | |
|and forward, store and retrieve |(2) None. |(2) None. | |
|(CPC 7523**) |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(m) Code and protocol conversion |(1) None. |(1) None. | |
| |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(n) On-line information services and/or data |(1) None. |(1) None. | |
|processing (including transaction processing) |(2) None. |(2) None. | |
|(CPC 843**) |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|III. CONSTRUCTION AND RELATED ENGINEERING SERVICES |
|- Pre-erection work at construction sites |(1) None. |(1) None. | |
|(CPC 511) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(a) General construction work for buildings |(1) None. |(1) None. | |
|(CPC 512) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(b) Construction work for civil engineering, |(1) None. |(1) None. | |
|including dredging services |(2) None. |(2) None. | |
|(CPC 513) |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(c) Assembly, erection of prefabricated |(1) None. |(1) None. | |
|constructions and installation work |(2) None. |(2) None. | |
|(CPC 514+516) |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(d) Building completion and finishing work |(1) None. |(1) None. | |
|(CPC 517) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(e) Other |(1) None. |(1) None. | |
| |(2) None. |(2) None. | |
|- Special construction work |(3) None. |(3) None. | |
|(CPC515) |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|- Renting services related to equipment for |(1) None. |(1) None. | |
|construction or demolition of buildings or civil |(2) None. |(2) None. | |
|engineering works, with operator |(3) None. |(3) None. | |
|(CPC 518) |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|IV. DISTRIBUTION SERVICES |
|(a) Commission agents' services |(1) None. |(1) None. | |
|(CPC 621, 6111, 6113, 6121) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(b) Wholesale trade services |(1) None. |(1) None. | |
|(CPC 6121, 61111, 6113, 622 (except CPC 62262)) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|- Wholesale trade services of books, newspapers, |(1) None. |(1) None. | |
|magazines (except stationary) |(2) None. |(2) None. | |
|(CPC 62262) |(3) None, except foreign participation is limited to|(3) None. | |
| |30% for five years after the date of accession. | | |
| |Thereafter, none. | | |
| |(4) Unbound, except as indicated in the horizontal | | |
| |section. |(4) Unbound, except as indicated in the horizontal | |
| | |section. | |
|(c) Retailing services |(1) None. |(1) None. | |
|(CPC 631+632+6111+6113 + 6121+613, including audio |(2) None. |(2) None. | |
|and video records and tapes СРС 63234) |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(d) Franchising |(1) None. |(1) None. | |
|(CPC 8929) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|V. EDUCATIONAL SERVICES |
|(a) Primary education services |(1) None. |(1) None. | |
|(CPC 921) |(2) None. |(2) None. | |
| |(3) None, except in line with Ukrainian legislation,|(3) None. | |
| |only a citizen of Ukraine may be the head of an | | |
| |educational institution, notwithstanding the type of| | |
| |ownership. | | |
| |(4) Unbound, except as indicated in the horizontal | | |
| |section. |(4) Unbound, except as indicated in the horizontal | |
| | |section. | |
|(b) Secondary education services |(1) None. |(1) None. | |
|(CPC 922) |(2) None. |(2) None. | |
| |(3) None, except in line with Ukrainian legislation,|(3) None. | |
| |only a citizen of Ukraine may be the head of an | | |
| |educational institution, notwithstanding the type of| | |
| |ownership. | | |
| |(4) Unbound, except as indicated in the horizontal | | |
| |section. |(4) Unbound, except as indicated in the horizontal | |
| | |section. | |
|(c) Higher education services |(1) None. |(1) None. | |
|(CPC 923) |(2) None. |(2) None. | |
| |(3) None, except in line with Ukrainian legislation,|(3) None. | |
| |only a citizen of Ukraine may be the head of a | | |
| |higher education institution of all accreditation | | |
| |levels, notwithstanding the type of ownership. | | |
| |(4) Unbound, except as indicated in the horizontal | | |
| |section. | | |
| | |(4) Unbound, except as indicated in the horizontal | |
| | |section. | |
|(d) Adult education services |(1) None. |(1) None. | |
|(CPC 924) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(e) Other education services |(1) None. |(1) None. | |
|(CPC 929) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|VI. ENVIRONMENTAL SERVICES |
|(a) Sewage services |(1) None. |(1) None. | |
|(CPC 9401) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(b) Refuse disposal services |(1) None. |(1) None. | |
|(CPC 9402) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(c) Sanitation and similar services |(1) None. |(1) None. | |
|(CPC 9403) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(d) Other |(1) None. |(1) None. | |
| |(2) None. |(2) None. | |
|- Cleaning services of exhaust gases |(3) None. |(3) None. | |
|(CPC 9404) |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|- Noise abatement services |(1) None. |(1) None. | |
|(CPC 9405) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|- Nature and landscape protection services |(1) None. |(1) None. | |
|(CPC 9406) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|- Other environmental protection services |(1) None. |(1) None. | |
|(CPC 9409) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|VII. FINANCIAL SERVICES |
|1. All insurance services and insurance-related services |
| |
|Foreign insurance companies may provide insurance services via branches only 5 years following Ukraine's accession to the WTO. |
|(i) Direct insurance (including co-insurance): |(1) Unbound, except none for: |(1) Unbound, except as indicated in the market | |
| |- insurance of risks relating to maritime shipping |access column. | |
|(A) Life insurance services |and commercial aviation and space launching and | | |
|(B) Non-life insurance services (including marine |freight (including satellites), with such insurance | | |
|and aviation insurance) |to cover any or all of the following: the goods | | |
| |being transported, the vehicle transporting the | | |
|(ii) Reinsurance and retrocession services |goods and any liability arising therefrom; | | |
|(iv) Services auxiliary to insurance, such as |- reinsurance; | | |
|consultancy, actuarial, risk assessment and claims |- services auxiliary to insurance. | | |
|settlement services |(2) None. | | |
| |(3) None. | | |
| |(4) Unbound except as indicated in the horizontal | | |
| |section. |(2) None. | |
| | |(3) None. | |
| | |(4) Unbound, except as indicated in the horizontal | |
| | |section. | |
|(iii) Insurance intermediation, such as brokerage |(1) Unbound, except none for: |(1) Unbound, except as indicated in the market | |
|and agency |- insurance of risks relating to maritime shipping |access column. | |
| |and commercial aviation and space launching and | | |
| |freight (including satellites), with such insurance | | |
| |to cover any or all of the following: the goods | | |
| |being transported, the vehicle transporting the | | |
| |goods and any liability arising therefrom; | | |
| |- reinsurance; | | |
| |After 5 years from the date of accession: none. | | |
| | | | |
| |(2) None. | | |
| |(3) None. | | |
| |(4) Unbound except as indicated in the horizontal | | |
| |section. | | |
| | |(2) None. | |
| | |(3) None. | |
| | |(4) Unbound, except as indicated in the horizontal | |
| | |section. | |
|2. Banking and other financial services (excluding insurance) |
|(v) Acceptance of deposits and other repayable funds|(1) None. |(1) None. | |
|from the public |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(vi) Lending of all types, including consumer |(1) None. |(1) None. | |
|credit, mortgage credit, factoring and financing of |(2) None. |(2) None. | |
|commercial transactions |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(vii) Financial leasing |(1) None. |(1) None. | |
| |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(viii) All payment and money transmission services, |(1) None. |(1) None. | |
|including credit, charge and debit cards, travellers|(2) None. |(2) None. | |
|cheques and bankers drafts |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(ix) Guarantees and commitments |(1) None. |(1) None. | |
| |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(x) Trading for own account or for account of | | | |
|customers, whether on an exchange, in an | | | |
|over-the-counter market or otherwise, the following:| | | |
|- (A) money market instruments (including cheques,|(1) None. |(1) None. | |
|bills, certificates of deposits) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in horizontal |(4) Unbound, except as indicated in horizontal | |
| |section. |section. | |
|- (B) foreign exchange |(1) None. |(1) None. | |
| |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in horizontal |(4) Unbound, except as indicated in horizontal | |
| |section. |section. | |
|- (C) derivative products, including, but not |(1) Unbound. |(1) None. | |
|limited to, futures and options |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in horizontal |(4) Unbound, except as indicated in horizontal | |
| |section. |section. | |
|- (D) exchange rate and interest rate instruments,|(1) Unbound. |(1) None. | |
|including products such as swaps, forward rate |(2) None. |(2) None. | |
|agreements |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|- (E) transferable securities |(1) None. |(1) None. | |
| |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|- (F) other negotiable instruments, including |(1) None. |(1) None. | |
|bullion |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(xi) Participation in issues of all kinds of |(1) None. |(1) None. | |
|securities, including underwriting and placement as |(2) None. |(2) None. | |
|agent (whether publicly or privately) and provision |(3) Only legal persons engaged exclusively in |(3) None. | |
|of services related to such issues |issuance of securities, and banks. | | |
| |(4) Unbound, except as indicated in the horizontal | | |
| |section. |(4) Unbound, except as indicated in the horizontal | |
| | |section. | |
|(xii) Money broking |(1) None. |(1) None. | |
| |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(xiii) Asset management, such as cash or portfolio |(1) None. |(1) None. | |
|management, all forms of collective investment |(2) None. |(2) None. | |
|management, pension fund management, custodial |(3) None. |(3) None. | |
|depository and trust services |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(xiv) Settlement and clearing services for financial|(1) None. |(1) None. | |
|assets, including securities, derivative products, |(2) None. |(2) None. | |
|and other negotiable instruments |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(xv) Provision and transfer of financial |(1) None. |(1) None. | |
|information, financial data processing and related |(2) None. |(2) None. | |
|software by suppliers of other financial services |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(xvi) Advisory, intermediation and other auxiliary |(1) None. |(1) None. | |
|financial services on all the activities, listed in |(2) None. |(2) None. | |
|paragraphs (v)-(xv), including credit reference and |(3) None. |(3) None. | |
|analysis, investment and portfolio research and |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
|advice, advice on acquisitions and on corporate |section. |section. | |
|restructuring and strategy | | | |
|VIII. HEALTH RELATED AND SOCIAL SERVICES |
|(a) Hospital services, including Hospital Management|(1) Unbound. |(1) Unbound. | |
|Services |(2) None. |(2) None. | |
|(CPC 9311) |(3) None, except for the following: professional |(3) None, except as under market access. | |
| |qualification requirements according with Ukrainian | | |
| |legislation. | | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. Foreigners must speak Ukrainian. | |
|(b) Other human health services |(1) Unbound. |(1) Unbound. | |
|(CPC 9319 (except 93191)) |(2) None. |(2) None. | |
| |(3) None, except for the following: professional |(3) None, except as under market access. | |
| |qualification requirements according with Ukrainian | | |
| |legislation. | | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. Foreigners must speak Ukrainian. | |
|(c) Social services |(1) None. |(1) None. | |
|(CPC 933**) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|IX. TOURISM AND TRAVEL RELATED SERVICES |
|(a) Hotels and restaurants (including catering), |(1) None. |(1) None. | |
|including Hotel Management Services |(2) None. |(2) None. | |
|(CPC 641-643) |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(b) Travel agencies and tour operators services |(1) None. |(1) None. | |
|(CPC 7471) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(c) Tourist guides services |(1) None. |(1) None. | |
|(CPC 7472) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|X. RECREATIONAL, CULTURAL AND SPORTING SERVICES |
|(a) Entertainment services (including theatre, live |(1) Unbound. |(1) None. | |
|bands and circus services) |(2) None. |(2) None. | |
|(CPC 9619) excluding cinema theatre operation |(3) None. |(3) None. | |
|services and dance instructor services other than |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
|dance sport |section. |section. | |
|- Cinema theatre operation services |(1) Unbound. |(1) Unbound. | |
|(CPC 96199**) |(2) None. |(2) Unbound. | |
| |(3) None. |(3) None, except for access to subsidies: unbound. | |
| | |(4) Unbound, except as indicated in the horizontal | |
| |(4) Unbound, except as indicated in the horizontal |section. | |
| |section. | | |
|- Dance instructor services, except dance sport |(1) Unbound. |(1) Unbound. | |
|(CPC 96195**) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(b) News agency services |(1) None. |(1) None. | |
|(CPC 962) |(2) None. |(2) None. | |
| |(3) Foreign investment is limited to 35%. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal | | |
| |section. |(4) Unbound, except as indicated in the horizontal | |
| | |section. | |
|(c) Libraries, archives, museums and other cultural |(1) Unbound. |(1) Unbound. | |
|services |(2) None. |(2) Unbound. | |
|(CPC 963) |(3) None. |(3) Unbound. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(d) Sporting services (CPC 9641) and other |(1) None. |(1) None. | |
|recreational services |(2) None. |(2) None. | |
|(CPC 9649) excluding gambling and betting services |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|XI. TRANSPORT SERVICES |
|1. MARITIME TRANSPORT SERVICES |
|- International Transport (freight and passengers) |(1) (a) Liner Shipping: none. |(1) (a) None. |The following services at the port are made |
|(CPC 7211 and 7212 less cabotage transport) |(b) Bulk, tramp, and other international shipping, |(b) None. |available to international maritime transport |
| |including passenger transportation; none. | |suppliers on reasonable and non discriminatory terms|
| | | |and conditions |
| |(2) None. | | |
| |(3) (a) Establishment of registered company for the|(2) None. |1. Pilotage |
| |purpose of operating a fleet under the national flag|(3) (a) None. |2. Towing and tug assistance |
| |of the State of establishment: none. | |3. Provisioning, fuelling and watering |
| |(b) Other forms of commercial presence for the | |4. Garbage collecting and ballast waste disposal |
| |supply of international maritime transport services:| |5. Port Captain's services |
| |none. | |6. Navigation aids |
| | |(b) None. |7. Shore-based operational services essential to |
| |(4) (a) Ships' crews: unbound. | |ship operations, including communications, water and|
| | | |electrical supplies |
| |(b) Key personnel employed in relation to a | |8. Emergency repair facilities |
| |commercial presence as defined under mode 3b) above:| |9. Anchorage, berth and berthing services |
| |Unbound, except as indicated in the horizontal |(4) (a) Unbound, except as indicated in the | |
| |section |horizontal section. | |
| | |(b) Unbound, except as indicated in the horizontal | |
| | |section. | |
|- Maritime Cargo Handling Services (CPC 741) |(1) Unbound. |(1) Unbound. | |
|- Storage and warehousing Services (CPC 742) |(2) None. |(2) None. | |
|- Customs Clearance Services for Maritime Transport |(3) None[9]. |(3) None. | |
|Services |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
|- Container Station and Depot Services |section. |section. | |
| | | | |
|- Maritime Agency Services | | | |
|- (Maritime) Freight Forwarding Services | | | |
| | | | |
| |(1) None. |(1) None. | |
| |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|2. Internal waterways transport |
|(a) Passenger transportation and freight |(1) Unbound.* |(1) Unbound.* | |
|transportation (excluding cabotage) |(2) None. |(2) None. | |
|(CPC 7221 + CPC 7222) |(3) Unbound. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(b) Rental services of vessels with crew |(1) None. |(1) None. | |
|(CPC7213) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(d) Maintenance and repair of vessels |(1) None. |(1) None. | |
|(CPC 8868**) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(e) Pushing and towing services |(1) None. |(1) None. | |
|(CPC7224) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(f) Supporting services for internal water transport|(1) None. |(1) None. | |
|(CPC 745) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|3. Air Transport Services |
|(a) Aircraft repair and maintenance services |(1) None. |(1) None. | |
| |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(b) Sales and marketing of air transport services |(1) None. |(1) None. | |
| |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(c) Computer Reservation System (CRS) |(1) Unbound. |(1) Unbound. | |
| |(2) None. |(2) None. | |
| |(3) Unbound. |(3) Unbound. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|5. Rail Transport Services |
|(a), (b) Passenger and freight transportation |(1) Unbound. |(1) None. | |
|(CPC 7111+7112) |(2) None. |(2) None. | |
| |(3) Unbound. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|Off line: |(1) None. |(1) None. | |
| |(2) None. |(2) None. | |
|(d) Maintenance and repair of railway transportation|(3) None. |(3) None. | |
|equipment |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
|(CPC 8868**) |section. |section. | |
|(e) Supporting services for railway transportation |(1) None. |(1) None. | |
|services |(2) None. |(2) None. | |
|(CPC 743) |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|6. Road Transport Services |
|(a) Passenger transportation |(1) Unbound. |(1) None. | |
|(CPC 7121+7122) |(2) None. |(2) None. | |
| |(3) None on condition of the registration as a legal|(3) None. | |
| |entity. | | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(b) Freight transportation |(1) Unbound. |(1) None. | |
|(CPC 7123) |(2) None. |(2) None. | |
| |(3) None on condition of the registration as a legal|(3) None. | |
| |entity. | | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(c) Rental of commercial vehicles with operator |(1) None. |(1) None. | |
|(CPC 7124) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(d) Maintenance and repair of road transport |(1) None. |(1) None. | |
|equipment |(2) None. |(2) None. | |
|(CPC 6112+8867) |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(e) Supporting services for road transport services |(1) None. |(1) None. | |
|(CPC 744) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|7. Pipeline Transport |
|(a) Transportation of fuels |(1) None. |(1) None. |Ukraine commits itself to provide full transparency |
|(CPC 7131) |(2) None. |(2) None. |in the formulation, adoption and application of |
| |(3) None. |(3) None. |measures affecting access to and trade in services |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal |of pipeline transportation. |
| |section. |section. |Ukraine undertakes to ensure adherence to the |
| | | |principles of non-discriminatory treatment in access|
| | | |to and use of pipeline networks under its |
| | | |jurisdiction, within the technical capacities of |
| | | |these networks, with regard to the origin, |
| | | |destination or ownership of product transported, |
| | | |without imposing any unjustified delays, |
| | | |restrictions or charges, as well as without |
| | | |discriminatory pricing based on the differences in |
| | | |origin, destination or ownership. |
|(b) Transportation of other goods |(1) None. |(1) None. | |
|(CPC 7139) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|8. Services auxiliary to all modes of transport |
|(a) Cargo handling services |(1) Unbound* |(1) Unbound* | |
|(CPC741) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(b) Storage and warehouse services |(1) Unbound* |(1) Unbound* | |
|(CPC 742) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(c) Freight transport agency services |(1) None. |(1) None. | |
|(CPC 748) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|(d) Other |(1) Unbound* |(1) Unbound* | |
|- Freight Inspection |(2) None. |(2) None. | |
|(Part of CPC 749) |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|XII. Other Services not elsewhere specified |
|- Beauty and Physical Well-Being Services |(1) Unbound* |(1) Unbound* | |
|- Massage Services excluding Therapeutic Massage |(2) None. |(2) None. | |
|(part of CPC Ver. 1.0: 97230)[10] |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|- Spa Services |(1) Unbound* |(1) Unbound* | |
|(part of CPC Ver. 1.0: 97230)10, including Spa |(2) None. |(2) None. | |
|Management Services |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
|- Hairdressing and other beauty services |(1) Unbound* |(1) Unbound* | |
|(CPC 9702) |(2) None. |(2) None. | |
| |(3) None. |(3) None. | |
| |(4) Unbound, except as indicated in the horizontal |(4) Unbound, except as indicated in the horizontal | |
| |section. |section. | |
NOTE TO THE SCHEDULE
WHERE ROAD, RAIL, INLAND WATERWAYS AND RELATED AUXILIARY SERVICES ARE NOT OTHERWISE FULLY COVERED IN THIS SCHEDULE, A MULTIMODAL TRANSPORT OPERATOR SHALL HAVE THE ABILITY TO RENT OR LEASE TRUCKS, RAILWAY CARRIAGES OR BARGES, AND RELATED EQUIPMENT, FOR THE PURPOSE OF INLAND FORWARDING OF CARGOES, OR HAVE ACCESS TO, AND USE OF, THESE FORMS OF MULTIMODAL ACTIVITIES ON REASONABLE AND NON-DISCRIMINATORY TERMS AND CONDITIONS FOR THE PURPOSE OF CARRYING OUT MULTIMODAL TRANSPORT OPERATIONS. "REASONABLE AND NON-DISCRIMINATORY TERMS AND CONDITIONS" MEANS, FOR THE PURPOSE OF MULTIMODAL TRANSPORT OPERATIONS THE ABILITY OF THE MULTIMODAL TRANSPORT OPERATOR TO ARRANGE FOR THE CONVEYANCE OF ITS MERCHANDISE ON A TIMELY BASIS, INCLUDING PRIORITY OVER OTHER MERCHANDISE WHICH HAS ENTERED THE PORT AT A LATER DATE.
DEFINITIONS OF MARITIME AUXILIARY SERVICES
1. Without prejudice to the scope of activities which may be considered as "cabotage" under the relevant national legislation, this schedule does not include "maritime cabotage services", which are assumed to cover transportation of passengers or goods between a port located in Ukraine and another port located in Ukraine and traffic originating and terminating in the same port located in Ukraine provided that this traffic remains within Ukraine's territorial waters.
2. "Other forms of commercial presence for the supply of international maritime transport services" means the ability for international maritime transport service suppliers of other Members to undertake locally all activities which are necessary for the supply to their customers of a partially or fully integrated transport service, within which the maritime transport constitutes a substantial element. (This commitment shall however not be construed as limiting in any manner the commitments undertaken under the cross-border mode of delivery).
These activities include, but are not limited to:
(a) marketing and sales of maritime transport and related services through direct contact with customers, from quotation to invoicing, these services being those operated or offered by the service supplier itself or by service suppliers with which the service seller has established standing business arrangements;
(b) the acquisition, on their own account or on behalf of their customers (and the resale to their customers) of any transport and related services, including inward transport services by any mode, particularly inland waterways, road and rail, necessary for the supply of the integrated services;
(c) the preparation of documentation concerning transport documents, customs documents, or other documents related to the origin and character of the goods transported;
(d) the provision of business information by any means, including computerised information systems and electronic data interchange (subject to the provisions of the annex on telecommunications);
(e) the setting up of any business arrangements (including participation in the stock of a company) and the appointment of personnel recruited locally (or, in the case of foreign personnel, subject to the horizontal commitment on movement of personnel) with any locally established shipping agency; and
(f) acting on behalf of the companies, organising the call of the ship or taking over cargoes when required.
3. "Multimodal transport operator" means the person on whose behalf the bill of lading/multimodal transport document, or any other document evidencing a contract of multimodal carriage of goods, is issued and who is responsible for the carriage of goods pursuant to the contract of carriage.
4. "Maritime cargo handing services" means activities exercised by stevedore companies, including terminal operators, but not including the direct activities of dockers, when this workforce is organised independently of the stevedoring or terminal operator companies. The activities covered include the organisation and supervision of :
- the loading/discharging of cargo to/from a ship;
- the lashing/unlashing of cargo; and
- the reception/delivery and safekeeping of cargoes before shipment or after discharge.
5. "Customs clearance services" (alternatively "customs house brokers' services") means activities consisting in carrying out on behalf of another party customs formalities concerning import, export or through transport of cargoes, whether this service is the main activity of the service provider or a usual complement of its main activity.
6. "Container station and depot services" means activities consisting in storing containers, whether in port areas or inland, with a view to their stuffing/stripping, repairing and making them available for shipments.
7. "Maritime agency services" means activities consisting in representing, within a given geographic area, as an agent the business interests of one or more shipping lines or shipping companies, for the following purposes:
- marketing and sales of maritime transport and related services, from quotation to invoicing, and issuance of bills of lading on behalf of the companies, acquisition and resale of the necessary related services, preparation of documentation, and provision of business information; and
- acting on behalf of the companies organising the call of the ship or taking over cargoes when required.
8. "Freight forwarding services" means (the activity consisting of organising and monitoring shipment operations on behalf of shippers, through the acquisition of transport and related services, preparation of documentation and provision of business information).
REFERENCE PAPER
SCOPE
The following are definitions and principles on the regulatory framework for the basic telecommunications services.
Definitions
Users mean service consumers and service suppliers.
Essential facilities mean facilities of a public telecommunications transport network or service that
(a) are exclusively or predominantly provided by a single or limited number of suppliers; and
(b) cannot feasibly be economically or technically substituted in order to provide a service.
A major supplier is a supplier which has the ability to materially affect the terms of participation (having regard to price and supply) in the relevant market for basic telecommunications services as a result of:
(a) control over essential facilities; or
(b) use of its position in the market.
1. Competitive safeguards
1.1 Prevention of anti-competitive practices in telecommunications
Appropriate measures shall be maintained for the purpose of preventing suppliers who, alone or together, are a major supplier from engaging in or continuing anti-competitive practices.
1.2 Safeguards
The anti-competitive practices referred to above shall include in particular:
(a) engaging in anti-competitive cross-subsidization;
(b) using information obtained from competitors with anti-competitive results; and
(c) not making available to other services suppliers on a timely basis technical information about essential facilities and commercially relevant information which are necessary for them to provide services.
2. Interconnection
2.1 This section applies to linking with suppliers providing public telecommunications transport networks or services in order to allow the users of one supplier to communicate with users of another supplier and to access services provided by another supplier, where specific commitments are undertaken.
2.2 Interconnection to be ensured
Interconnection with a major supplier will be ensured at any technically feasible point in the network. Such interconnection is provided.
(a) under non-discriminatory terms, conditions (including technical standards and specifications) and rates and of a quality no less favourable than that provided for its own like services or for like services of non-affiliated service suppliers or for its subsidiaries or other affiliates;
(b) in a timely fashion, on terms, conditions (including technical standards and specifications) and cost-oriented rates that are transparent, reasonable, having regard to economic feasibility, and sufficiently unbundled so that the supplier need not pay for network components or facilities that it does not require for the service to be provided; and
(c) upon request, at points in addition to the network termination points offered to the majority of users, subject to charges that reflect the cost of construction of necessary additional facilities.
2.3 Public availability of the procedures for interconnection negotiations
The procedures applicable for interconnection to a major supplier will be made publicly available.
2.4 Transparency of interconnection arrangements
It is ensured that a major supplier will make publicly available either its interconnection agreements or a reference interconnection offer.
2.5 Interconnection: dispute settlement
A service supplier requesting interconnection with a major supplier will have recourse, either:
(a) at any time; or
(b) after a reasonable period of time which has been made publicly known
to an independent domestic body, which may be a regulatory body as referred to in paragraph 5 below, to resolve disputes regarding appropriate terms, conditions and rates for interconnection within a reasonable period of time, to the extent that these have not been established previously.
3. Universal service
Any Member has the right to define the kind of universal service obligation it wishes to maintain. Such obligations will not be regarded as anti-competitive per se, provided they are administered in a transparent, non-discriminatory and competitively neutral manner and are not more burdensome than necessary for the kind of universal service defined by the Member.
4. Public availability of licensing criteria
Where a licence is required, the following will be made publicly available:
(a) all the licensing criteria and the period of time normally required to reach a decision concerning an application for a licence; and
(b) the terms and conditions of individual licences.
The reasons for the denial of a licence will be made known to the applicant upon request.
5. Independent regulators
The regulatory body is separate from, and not accountable to, any supplier of basic telecommunications services. The decisions of and the procedures used by regulators shall be impartial with respect to all market participants.
6. Allocation and use of scarce resources
Any procedures for the allocation and use of scarce resources, including frequencies, numbers and rights of way, will be carried out in an objective, timely, transparent and non-discriminatory manner. The current state of allocated frequency bands will be made publicly available, but detailed identification of frequencies allocated for specific government uses is not required.
LIST OF ARTICLE II (MFN) EXEMPTIONS
|Sector or sub-sector |Description of the measure indicating its inconsistency with |Country or countries to which the |Intended duration |Conditions creating the need for the |
| |Article II |measures applies | |exemption |
|Audiovisual Services - Production|Measures, which define works of European origin, in such a way|Parties to the Council of Europe |Indefinite. |The measures aim, within the sector, to |
|and distribution of audiovisual |as to extend national treatment to audiovisual works which |Convention on Transfrontier | |promote cultural values both within |
|works through broadcasting and |meet certain linguistic and origin criteria regarding access |Television or other European | |Ukraine, and with other countries in |
|other forms of transmission to |to broadcasting or similar forms of transmission |countries with whom an agreement may | |Europe, as well as achieving linguistic |
|the public | |be concluded | |policy objectives. |
|Audiovisual Services - Production|Measures based upon government-to- government framework |All countries with which cultural |Indefinite |The aim of such agreements is to promote |
|and distribution of |agreements on co-production of audiovisual works, which confer|cooperation may be desirable. | |cultural links between the countries |
|cinematographic works and |national treatment to audiovisual works covered by these | | |concerned. |
|television programs |agreements, in particular in relation to distribution and | | | |
| |access to funding. | | | |
|Audiovisual Services - Production|Measures granting the benefit of any support programs (such as|European countries |Indefinite. |These programs aim at preserving and |
|and distribution of television |Action Plan for Advanced Television Services, MEDIA or | | |promoting the regional identity of |
|programs and cinematographic |EURIMAGES) to audiovisual works, and suppliers of such works, | | |countries within Europe, which have |
|works |meeting certain European origin criteria. | | |longstanding cultural links. |
|Internal Waterways Transport |Measures taken under existing or future agreements which |All countries with which agreements |Gradual elimination with the |Protection of integrity of the |
|Passenger and Freight |govern access and/or traffic rights and the terms of conduct |are or will be in force |final elimination 8 years upon |infrastructure, as well as environmental |
|Transportation |of the kind of economic activity in the territory of Ukraine | |accession to the WTO |protection, and regulation of traffic |
| |or between the countries which are parties to the | | |rights in the territory of Ukraine and |
| |corresponding agreements including agreements relating to the | | |between the countries concerned. |
| |use of the Rhine Main-Danube system | | | |
|Rail Transport |Measures taken under existing or future agreements which |All countries with which agreements |Indefinite |Laws of Ukraine. Protection of the |
|Passenger and Freight |govern access and/or traffic rights and the terms of conduct |are or will be in force | |integrity of the infrastructure, as well as|
|Transportation |of this kind of economic activity in the territory of Ukraine | | |environmental protection, and regulation of|
| |or between the countries which are parties to the | | |traffic rights in the territory of Ukraine |
| |corresponding agreements | | |and between the countries concerned, taking|
| | | | |account of the regional specificity of this|
| | | | |kind of services. |
|Road Transport |Measures taken under existing or future agreements which |All countries with which agreements |Indefinite |Bilateral intergovernmental agreements on |
|Passenger and Freight |reserve and/or restrict the supply of this kind of |are or will be in force | |international road transportation, |
|Transportation |transportation services and specify the terms and conditions | | |international conventions. Protection of |
| |of this supply, incl. transit permits and/or preferential road| | |the integrity of the infrastructure, as |
| |taxes, in the territory of Ukraine or across the borders of | | |well as environmental protection, and |
| |Ukraine | | |regulation of traffic rights in the |
| | | | |territory of Ukraine and between the |
| | | | |countries concerned. |
|Air Transport |Provision of this type of services through the international |Parties to the said international |Indefinite |The aim of application of such a measure is|
|Computer Reservation System |investor system "Gabriel" and distributing "Gets" system with |systems. | |to guarantee equal access to the market of |
|Services (CRS) |gradual transition to "Galileo" system. |CIS countries | |other countries for Ukrainian suppliers of |
| |"Sirena-2" system in the internal market | | |such kinds of services. |
__________
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[1] The commitment on postal and courier services and express delivery services applies to commercial operators of all forms of ownership, both private and state.
[2] "Handling" should be taken to include clearance, sorting, transport and delivery.
[3] E.g. letter, postcards.
[4] Books and catalogues are included in this subsector.
[5] Magazines, newspapers and periodicals.
[6] Express delivery services are defined as the collection, transport, and delivery of documents, printed matter, parcels, goods or other items on an expedited basis, while tracking and maintaining control of these items throughout the supply of the service.
[7] Provision of means, including the supply of ad hoc premises as well as transportation by a third party, allowing self-delivery by mutual exchange of postal items between users subscribing to this service. Postal item refers to items handled by any type of commercial operator, whether public or private.
[8] 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.
[9] Public utility concession or licensing procedures may apply in case of occupation of the public domain.
[10] This subclass does not include medical treatment services, cf. 931.
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