Following signing of the Canada–Ukraine Free Trade Agreement (the “CUFTA”) on 11 July 2016 and its ratification by the Ukrainian Parliament in March 2017, it has been ratified by the Senate of Canada, and will enter into force from 01 August 2017.

From 01 August 2017, the customs tariffs on certain goods of Canadian origin imported to Ukraine, as well as goods of Ukrainian origin imported to Canada shall be gradually decreased or eliminated according to the schedules in Annex 2-B of the CUFTA.

The goods of Ukrainian origin which will enjoy preferential customs treatment in Canada (duties on these goods shall be eliminated entirely and these goods shall be duty-free) are the goods of Chapters 1 through 97 of the Harmonized Commodity Description and Coding System (HS), which include wide variety of goods including alcoholic and non-alcoholic beverages, chocolate and sweets, ceramics, clothes, toys, copper, etc.

The goods of Canadian origin which will enjoy preferential customs treatment in Ukraine include, inter alia, the following:

• pure-bred breeding animals;
• meat and edible offal;
• different types of fish;
• butter and cheese;
• vegetables (potatoes, tomatoes, sweet corn, garlic, cabbages, etc.), fruits, nuts and mushrooms;
• crops;
• sunflower oil;
• chocolate and sweets, cocoa beans, butter, fat and oil;
• waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured;
• wines/ice wines;
• ethyl alcohol and other spirits;
• tobacco products;
• chemicals;
• medications;
• cosmetics and skin care;
• wallpaper and similar wall coverings;
• clothes;
• ceramic goods;
• antiques items of an age exceeding 100 years;
• machinery and equipment;
• cars;
• railway or tramway maintenance or service vehicles; railway or tramway passenger coaches;
• tanks and other armoured fighting vehicles;
• vessels and other floating structures; and
• aircrafts, spacecrafts, etc.

A certificate of origin is not required to prove the origin of the goods; instead, a declaration on origin should be submitted as per the form provided in the CUFTA. Such declaration should be placed on an invoice or other commercial document, and should allow for proper identification of the goods.

Products imported from one country into another and vice versa shall not be subject, directly or indirectly, to internal taxes or other internal charges of any kind in excess of those applied, directly or indirectly, to similar domestic products, and shall be treated no less favourable than that accorded to like products of national origin.

The CUFTA envisages not only the removal of tariff barriers, but also a clear commitment to remove non-tariff barriers in the international trade during 7-year transitional period. The CUFTA does not, however, cover services, financial services, or investments.

It is expected that the CUFTA will significantly enhance trade between the countries.

Legislation: Canada–Ukraine Free Trade Agreement signed on 11 July 2016; Law of Ukraine “On Ratification of the Free Trade Agreement between Canada and Ukraine” No. 1917-VIII dated 14 March 2017

Authors:

Olexander Martinenko, Senior Partner, olexander.martinenko@cms-cmno.com

Anna Pogrebna, Partner, anna.pogrebna@cms-rrh.com

Tetiana Mylenka, Associate, tetiana.mylenka@cms-rrh.com