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WORLD TRADE GATS/SC/144

10 March 2008
ORGANIZATION
(08-1034)

Trade in Services

UKRAINE

Schedule of Specific Commitments

(This is authentic in English only)

_______________
UKRAINE – SCHEDULE OF SPECIFIC COMMITMENTS

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GATS/SC/144
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.

Subsidies and other forms of state support (1), (2), (3), (4) Unbound, referring to the
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.
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
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:

GATS/SC/144
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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

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GATS/SC/144
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.
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
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,

GATS/SC/144
and/or other similar activities.

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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

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GATS/SC/144
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.
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
II. SECTOR SPECIFIC COMMITMENTS
I. BUSINESS SERVICES
1. Professional Services
(a) Legal Services

- Legal advisory and representation (1) None (1) None


services concerning criminal law (2) None (2) None
(CPC 86111) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

- Legal advisory and representation (1) None (1) None


services in judicial procedure (2) None (2) None
concerning fields of law, other than (3) None (3) None
criminal law (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
(CPC 86119) horizontal section horizontal section

- Legal advisory and representation (1) None (1) None


services in statutory procedures (2) None (2) None
(CPC 8612) (3) None (3) None
(CPC 86120) (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

- Legal documentation and (1) None (1) None


certification services (2) None (2) None
(CPC 8613) (3) None (3) None
(СPC 86130) (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

- Other legal advisory and (1) None (1) None


information services, other than (2) None (2) None
notary services (3) None (3) None
(CPC 8619) (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
(CPC 86190) horizontal section horizontal section

GATS/SC/144
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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

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GATS/SC/144
- Consultancy on home country law (1) None (1) None
and international law and third (2) None (2) None
country law (3) None (3) None
(part of CPC 861) (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

- Notary services (1) Only citizens of Ukraine are (1) None


permitted to supply notary services
(2) None (2) None
(3) Only citizens of Ukraine are (3) None
permitted to supply notary services
(4) Only citizens of Ukraine are (4) Unbound, except as indicated in the
permitted to supply notary services horizontal section

(b) Accounting and bookkeeping (1) None (1) None


services (2) None (2) None
(CPC 862 (except CPC 86211)) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

- Auditing services (1) None, except official audit reports (1) None
(CPC 86211) must be confirmed by an auditor or
auditing firm of Ukraine
(2) None (2) None
(3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal 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 (4) Unbound, except as indicated in the
horizontal section horizontal 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 (4) Unbound, except as indicated in the
horizontal section horizontal section
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
(e) Engineering services (1) None (1) None
(CPC 8672) (2) None (2) None
(3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal 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 (4) Unbound, except as indicated in the
horizontal section horizontal section

(g) Urban planning and landscape (1) None (1) None


architecture services (2) None (2) None
(CPC 8674) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

(h) Medical and dental services (1) None (1) None


(CPC 9312) (2) None (2) None
(3) None, except: professional (3) None, except foreign service
qualification requirements suppliers must speak Ukrainian
according with Ukrainian legislation
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section 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 (4) Unbound, except as indicated in the
horizontal section horizontal section

(j) Private Services provided by (1) Unbound (1) Unbound


Midwives, Nurses, Physiotherapists (2) None (2) None

GATS/SC/144
and Paramedical Personnel (3) None, except: professional (3) None, except foreigner service
(part of CPC 93191) qualification requirements suppliers must speak Ukrainian
according with Ukrainian legislation

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(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section
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

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GATS/SC/144
2. Computer and Related Services
(a) Consultancy services related to the (1) None (1) None
installation of computer hardware (2) None (2) None
(CPC 841) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal 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 (4) Unbound, except as indicated in the
horizontal section horizontal 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 (4) Unbound, except as indicated in the
horizontal section horizontal 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 (4) Unbound, except as indicated in the
horizontal section horizontal section

(f) Other computer services:

- Maintenance and repair (1) None (1) None


services of office machinery (2) None (2) None
and equipment including (3) None (3) None
computers (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
(CPC 845) horizontal section horizontal 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 (4) Unbound, except as indicated in the
horizontal section horizontal section
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
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 (4) Unbound, except as indicated in the
horizontal section horizontal section

(b) R&D services on social science and (1) None (1) None
humanities (2) None (2) None
(CPC 852) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal 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 (4) Unbound, except as indicated in the
horizontal section horizontal 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 (4) Unbound, except as indicated in the
horizontal section horizontal section

5. Rental/Leasing Services without Operators


(e) Other

- Rental or leasing (other than (1) None (1) None


financial) services (2) None (2) None
(CPC 831-832) (3) None (3) None
- Including Rental or leasing of (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
studio recording equipment horizontal section horizontal section

GATS/SC/144
(CPC 83109)**

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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

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GATS/SC/144
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 (4) Unbound, except as indicated in the
horizontal section horizontal section

(b) Market research and public opinion (1) None (1) None
polling services (2) None (2) None
(CPC 864) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal 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 (4) Unbound, except as indicated in the
horizontal section horizontal section

(d) Services related to management (1) None (1) None


consulting (2) None (2) None
(CPC 866) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

(e) Technical testing and analysis (1) None (1) None


services, including ships survey (2) None (2) None
services (3) None (3) None
(CPC 8676) (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

(f) Services incidental to agriculture, (1) None (1) None


hunting and forestry (except fire (2) None (2) None
fighting, timber evaluation, forest (3) None (3) None
management including forest (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
damage assessment services) horizontal section horizontal section
(part of CPC 881)
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
- Consultancy services on fire (1) None (1) None
fighting, timber evaluation, forest (2) None (2) None
management including forest (3) None (3) None
damage assessment services (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
(part of CPC 881) horizontal section horizontal 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 (4) Unbound, except as indicated in the
horizontal section horizontal 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 (4) Unbound, except as indicated in the
horizontal section horizontal section

(i) Services incidental to manufacturing (1) None (1) None


(part of CPC 884 + part of (2) None (2) None
CPC 885) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

(j) Services incidental to energy (1) None (1) None


distribution (2) None (2) None
(CPC 887) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

(k) Placement and supply services of (1) None (1) None


Personnel (2) None (2) None
(CPC 872) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the

GATS/SC/144
horizontal section horizontal section

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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

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GATS/SC/144
(m) Related scientific and technical (1) None (1) None
consulting services (2) None (2) None
(CPC 8675) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

(n) Maintenance and repair of (1) None (1) None


equipment (not including maritime (2) None (2) None
vessels, aircraft or other (3) None (3) None
transportation equipment) (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
(CPC 6112, 6122, 633+8861-8866) horizontal section horizontal 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 (4) Unbound, except as indicated in the
horizontal section horizontal section

(p) Photographic services (except for (1) Unbound* (1) Unbound*


aerial photography) (2) None (2) None
(CPC 875) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal 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 (4) Unbound, except as indicated in the
horizontal section horizontal 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 (4) Unbound, except as indicated in the
horizontal section horizontal section
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
(s) Convention services (1) None (1) None
(CPC 87909)* (2) None (2) None
(3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

(t) Other (1) None (1) None


(2) None (2) None
- Translation and interpretation (3) None (3) None
services (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
(CPC 87905) horizontal section horizontal 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 (4) Unbound, except as indicated in the
horizontal section horizontal section

GATS/SC/144
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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

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GATS/SC/144
II. COMMUNICATION SERVICES
1. and 2. Postal and Courier Services (including express delivery services)1
Services relating to the handling2 of items (1) (2) (3) Licensing systems may be (1) (2) (3) None
in accordance with the following list of established for sub-sectors (і) to (iv), for
sub-sectors, whether for domestic or which a general Universal Service
foreign destinations. For the purpose of Obligations exists. These licenses may
the following commitments, written be subject to particular universal service
communication excludes simple letters obligations and/or financial contribution
weighing less than 50 grams and to a compensation fund. None for sub-
postcards. sectors (v) to (viii)
(і) Handling of addressed written (4) Unbound except as indicated in the (4) Unbound except as indicated in the
communication on any kind of horizontal section horizontal section
physical medium3, including:

- Hybrid mail service


- Direct mail

(іі) Handling of addressed parcels and


packages4
(ііі) Handling of addressed press
products5
(iv) Handling of items referred to in (і)
to (ііі) above as registered or
insured mail
(v) Express delivery services6 for items
referred to in (і) to (ііі) above
(vі) Handling of non-addressed items
(vіі) Document exchange7
(viіі) Other services not elsewhere
specified

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.
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
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
(CPC7521) (2) None (2) None regulatory principles is incorporated as
(3) None (3) None additional commitments by Ukraine
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

(b) Packet-switched data transmission (1) None (1) None


services (2) None (2) None
(CPC7523**) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

(c) Circuit-switched data transmission (1) None (1) None


services (2) None (2) None
(CPC7523**) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

(d) Telex services (1) None (1) None


(CPC7523**) (2) None (2) None
(3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

(e) Telegraph services (1) None (1) None


(CPC7522) (2) None (2) None
(3) None (3) None

GATS/SC/144
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

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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

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GATS/SC/144
(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 (4) Unbound, except as indicated in the
horizontal section horizontal 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 (4) Unbound, except as indicated in the
horizontal section horizontal 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 (4) Unbound, except as indicated in the
(CPC 75291) horizontal section horizontal section.
- Teleconferencing services
(CPC 75292)
- Integrated telecommunication
services, excluding broadcasting8
(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 (4) Unbound, except as indicated in the
horizontal section horizontal 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 (4) Unbound, except as indicated in the
horizontal section horizontal section

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.
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
(j) On-line information and database (1) None (1) None
retrieval (2) None (2) None
(CPC 7523**) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal 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 (4) Unbound, except as indicated in the
horizontal section horizontal section

(l) Value-added facsimile services, (1) None (1) None


including store and forward, store (2) None (2) None
and retrieve (3) None (3) None
(CPC 7523**) (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal 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 (4) Unbound, except as indicated in the
horizontal section horizontal section

(n) On-line information services and/or (1) None (1) None


data processing (including (2) None (2) None
transaction processing) (3) None (3) None
(CPC 843**) (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

III. CONSTRUCTION AND RELATED ENGINEERING SERVICES


- Pre-erection work at construction (1) None (1) None
sites (2) None (2) None
(CPC 511) (3) None (3) None

GATS/SC/144
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

Page 19
Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural persons
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Page 20
GATS/SC/144
(a) General construction work for (1) None (1) None
buildings (2) None (2) None
(CPC 512) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

(b) Construction work for civil (1) None (1) None


engineering, including dredging (2) None (2) None
services (3) None (3) None
(CPC 513) (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal 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 (4) Unbound, except as indicated in the
horizontal section horizontal section

(d) Building completion and finishing (1) None (1) None


work (2) None (2) None
(CPC 517) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal 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 (4) Unbound, except as indicated in the
horizontal section horizontal section

- Renting services related to (1) None (1) None


equipment for construction or (2) None (2) None
demolition of buildings or civil (3) None (3) None
engineering works, with operator (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
(CPC 518) horizontal section horizontal section
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
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 (4) Unbound, except as indicated in the
horizontal section horizontal section

(b) Wholesale trade services (1) None (1) None


(CPC 6121, 61111, 6113, 622 (2) None (2) None
(except CPC 62262)) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

- Wholesale trade services of books, (1) None (1) None


newspapers, magazines (except (2) None (2) None
stationary) (3) None, except foreign participation is (3) None
(CPC 62262) limited to 30% for five years after
the date of accession. Thereafter,
none
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

(c) Retailing services (1) None (1) None


(CPC 631+632+6111+6113 + (2) None (2) None
6121+613, including audio and (3) None (3) None
video records and tapes СРС 63234) (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

(d) Franchising (1) None (1) None


(CPC 8929) (2) None (2) None
(3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

GATS/SC/144
Page 21
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

Page 22
GATS/SC/144
V. EDUCATIONAL SERVICES
(a) Primary education services (1) None (1) None
(CPC 921) (2) None (2) None
(3) None, except in line with Ukrainian (3) None
legislation, 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 (4) Unbound, except as indicated in the
horizontal section horizontal section

(b) Secondary education services (1) None (1) None


(CPC 922) (2) None (2) None
(3) None, except in line with Ukrainian (3) None
legislation, 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 (4) Unbound, except as indicated in the
horizontal section horizontal section

(c) Higher education services (1) None (1) None


(CPC 923) (2) None (2) None
(3) None, except in line with Ukrainian (3) None
legislation, 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 (4) Unbound, except as indicated in the
horizontal section 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 (4) Unbound, except as indicated in the
horizontal section horizontal section
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
(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 (4) Unbound, except as indicated in the
horizontal section horizontal 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 (4) Unbound, except as indicated in the
horizontal section horizontal 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 (4) Unbound, except as indicated in the
horizontal section horizontal 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 (4) Unbound, except as indicated in the
horizontal section horizontal 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 (4) Unbound, except as indicated in the
horizontal section horizontal section

- Noise abatement services (1) None (1) None


(CPC 9405) (2) None (2) None
(3) None (3) None

GATS/SC/144
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

Page 23
Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural persons
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Page 24
GATS/SC/144
- Nature and landscape protection (1) None (1) None
services (2) None (2) None
(CPC 9406) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

- Other environmental protection (1) None (1) None


services (2) None (2) None
(CPC 9409) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal 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- (1) Unbound, except none for: (1) Unbound, except as indicated in the
insurance): - insurance of risks relating to market access column
maritime shipping and commercial
(A) Life insurance services aviation and space launching and
(B) Non-life insurance services freight (including satellites), with
(including marine and such insurance to cover any or all of
aviation insurance) the following: the goods being
transported, the vehicle transporting
(ii) Reinsurance and retrocession the goods and any liability arising
services therefrom;
(iv) Services auxiliary to insurance, such - reinsurance;
as consultancy, actuarial, risk - services auxiliary to insurance
assessment and claims settlement (2) None (2) None
services (3) None (3) None
(4) Unbound except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section
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
(iii) Insurance intermediation, such as (1) Unbound, except none for: (1) Unbound, except as indicated in the
brokerage and agency - insurance of risks relating to market access column
maritime shipping 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 (2) None


(3) None (3) None
(4) Unbound except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

2. Banking and other financial services (excluding insurance)


(v) Acceptance of deposits and other (1) None (1) None
repayable funds from the public (2) None (2) None
(3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

(vi) Lending of all types, including (1) None (1) None


consumer credit, mortgage credit, (2) None (2) None
factoring and financing of (3) None (3) None
commercial transactions (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

(vii) Financial leasing (1) None (1) None


(2) None (2) None

GATS/SC/144
(3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

Page 25
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

Page 26
GATS/SC/144
(viii) All payment and money (1) None (1) None
transmission services, including (2) None (2) None
credit, charge and debit cards, (3) None (3) None
travellers cheques and bankers (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
drafts horizontal section horizontal section

(ix) Guarantees and commitments (1) None (1) None


(2) None (2) None
(3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal 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 (1) None (1) None
(including cheques, bills, (2) None (2) None
certificates of deposits) (3) None (3) None
(4) Unbound, except as indicated in (4) Unbound, except as indicated in
horizontal section horizontal section

- (B) foreign exchange (1) None (1) None


(2) None (2) None
(3) None (3) None
(4) Unbound, except as indicated in (4) Unbound, except as indicated in
horizontal section horizontal section

- (C) derivative products, including, (1) Unbound (1) None


but not limited to, futures and (2) None (2) None
options (3) None (3) None
(4) Unbound, except as indicated in (4) Unbound, except as indicated in
horizontal section horizontal section

- (D) exchange rate and interest rate (1) Unbound (1) None.
instruments, including (2) None (2) None.
products such as swaps, (3) None (3) None.
forward rate agreements (4) Unbound, except as indicated in (4) Unbound, except as indicated in the
horizontal section horizontal section
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
- (E) transferable securities (1) None (1) None
(2) None (2) None
(3) None (3) None
(4) Unbound, except as indicated in (4) Unbound, except as indicated in the
horizontal section horizontal section

- (F) other negotiable instruments, (1) None (1) None


including bullion (2) None (2) None
(3) None (3) None
(4) Unbound, except as indicated in (4) Unbound, except as indicated in the
horizontal section horizontal section

(xi) Participation in issues of all kinds of (1) None (1) None


securities, including underwriting (2) None (2) None
and placement as agent (whether (3) Only legal persons engaged (3) None
publicly or privately) and provision exclusively in issuance of securities,
of services related to such issues and banks
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

(xii) Money broking (1) None (1) None


(2) None (2) None
(3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

(xiii) Asset management, such as cash or (1) None (1) None


portfolio management, all forms of (2) None (2) None
collective investment management, (3) None (3) None
pension fund management, custodial (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
depository and trust services horizontal section horizontal section

(xiv) Settlement and clearing services for (1) None (1) None
financial assets, including securities, (2) None (2) None

GATS/SC/144
derivative products, and other (3) None (3) None
negotiable instruments (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

Page 27
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

Page 28
GATS/SC/144
(xv) Provision and transfer of financial (1) None (1) None
information, financial data (2) None (2) None
processing and related software by (3) None (3) None
suppliers of other financial services (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

(xvi) Advisory, intermediation and other (1) None (1) None


auxiliary financial services on all (2) None (2) None
the activities, listed in paragraphs (3) None (3) None
(v)-(xv), including credit reference (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
and analysis, investment and horizontal section horizontal section
portfolio research and advice,
advice on acquisitions and on
corporate restructuring and strategy
VIII. HEALTH RELATED AND SOCIAL SERVICES
(a) Hospital services, including (1) Unbound (1) Unbound
Hospital Management Services (2) None (2) None
(CPC 9311) (3) None, except for the following: (3) None, except as under market
professional qualification access
requirements according with
Ukrainian legislation
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal 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: (3) None, except as under market
professional qualification access
requirements according with
Ukrainian legislation
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal 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 (4) Unbound, except as indicated in the
horizontal section horizontal section
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
IX. TOURISM AND TRAVEL RELATED SERVICES
(a) Hotels and restaurants (including (1) None (1) None
catering), including Hotel (2) None (2) None
Management Services (3) None (3) None
(CPC 641-643) (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

(b) Travel agencies and tour operators (1) None (1) None
services (2) None (2) None
(CPC 7471) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal 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 (4) Unbound, except as indicated in the
horizontal section horizontal section

X. RECREATIONAL, CULTURAL AND SPORTING SERVICES


(a) Entertainment services (including (1) Unbound (1) None
theatre, live bands and circus (2) None (2) None
services) (3) None (3) None
(CPC 9619) excluding cinema (4) Unbound, except as indicated in (4) Unbound, except as indicated in the
theatre operation services and dance the horizontal section horizontal section
instructor services other than dance
sport
- 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 (4) Unbound, except as indicated in the
horizontal section horizontal section

GATS/SC/144
- Dance instructor services, except (1) Unbound (1) Unbound
dance sport (2) None (2) None

Page 29
(CPC 96195**) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in
horizontal section the horizontal section
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

Page 30
GATS/SC/144
(b) News agency services (1) None (1) None
(CPC 962) (2) None (2) None
(3) Foreign investment is limited to (3) None
35%
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

(c) Libraries, archives, museums and (1) Unbound (1) Unbound


other cultural services (2) None (2) Unbound
(CPC 963) (3) None (3) Unbound
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

(d) Sporting services (CPC 9641) and (1) None (1) None
other recreational services (2) None (2) None
(CPC 9649) excluding gambling (3) None (3) None
and betting services (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

XI. TRANSPORT SERVICES


1. MARITIME TRANSPORT SERVICES
- International Transport (freight and (1) (a) Liner Shipping: none (1) (a) None The following services at the port are
passengers) (b) Bulk, tramp, and other (b) None made available to international maritime
(CPC 7211 and 7212 less cabotage international shipping, including transport suppliers on reasonable and non
transport) passenger transportation; none discriminatory terms and conditions

(2) None (2) None 1. Pilotage


(3) (a) Establishment of registered (3) (a) None 2. Towing and tug assistance
company for the purpose of 3. Provisioning, fuelling and watering
operating a fleet under the 4. Garbage collecting and ballast waste
national flag of the State of disposal
establishment: none 5. Port Captain's services
(b) Other forms of commercial (b) None 6. Navigation aids
presence for the supply of 7. Shore-based operational services
international maritime transport essential to ship operations,
services: none including communications, water
and electrical supplies
(4) (a) Ships' crews: unbound (4) (a) Unbound, except as indicated in 8. Emergency repair facilities
the horizontal section 9. Anchorage, berth and berthing
(b) Key personnel employed in (b) Unbound, except as indicated in services
relation to a commercial the horizontal section
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
presence as defined under mode
3b) above: Unbound, except as
indicated in the horizontal
section

- Maritime Cargo Handling Services (1) Unbound (1) Unbound


(CPC 741) (2) None (2) None
- Storage and warehousing Services (3) None9 (3) None
(CPC 742) (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
- Customs Clearance Services for horizontal section horizontal section
Maritime Transport Services
- Container Station and Depot
Services

- Maritime Agency Services (1) None (1) None


- (Maritime) Freight Forwarding (2) None (2) None
Services (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal 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 (4) Unbound, except as indicated in
horizontal section the horizontal 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 (4) Unbound, except as indicated in the
horizontal section horizontal section

GATS/SC/144
Page 31
9
Public utility concession or licensing procedures may apply in case of occupation of the public domain.
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

Page 32
GATS/SC/144
(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 (4) Unbound, except as indicated in the
horizontal section horizontal 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 (4) Unbound, except as indicated in the
horizontal section horizontal section

(f) Supporting services for internal (1) None (1) None


water transport (2) None (2) None
(CPC 745) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

3. Air Transport Services


(a) Aircraft repair and maintenance (1) None (1) None
services (2) None (2) None
(3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

(b) Sales and marketing of air transport (1) None (1) None
services (2) None (2) None
(3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

(c) Computer Reservation System (1) Unbound (1) Unbound


(CRS) (2) None (2) None
(3) Unbound (3) Unbound
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section
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
5. Rail Transport Services
(a), (b) Passenger and freight (1) Unbound (1) None
transportation (2) None (2) None
(CPC 7111+7112) (3) Unbound (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

Off line: (1) None (1) None


(2) None (2) None
(d) Maintenance and repair of railway (3) None. (3) None
transportation equipment (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
(CPC 8868**) horizontal section horizontal section

(e) Supporting services for railway (1) None (1) None


transportation services (2) None (2) None
(CPC 743) (3) None (3) None.
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal 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 (3) None
registration as a legal entity
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

(b) Freight transportation (1) Unbound (1) None


(CPC 7123) (2) None (2) None
(3) None on condition of the (3) None
registration as a legal entity
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

GATS/SC/144
(c) Rental of commercial vehicles with (1) None (1) None
operator (2) None (2) None

Page 33
(CPC 7124) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section
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

Page 34
GATS/SC/144
(d) Maintenance and repair of road (1) None (1) None
transport equipment (2) None (2) None
(CPC 6112+8867) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

(e) Supporting services for road (1) None (1) None


transport services (2) None (2) None
(CPC 744) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

7. Pipeline Transport
(a) Transportation of fuels (1) None (1) None Ukraine commits itself to provide full
(CPC 7131) (2) None (2) None transparency in the formulation, adoption
(3) None (3) None and application of measures affecting
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the access to and trade in services of pipeline
horizontal section horizontal section transportation.
Ukraine undertakes to ensure adherence
(b) Transportation of other goods (1) None (1) None to the principles of non-discriminatory
(CPC 7139) (2) None (2) None treatment in access to and use of pipeline
(3) None (3) None networks under its jurisdiction, within the
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the technical capacities of these networks,
horizontal section horizontal section 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.
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 (4) Unbound, except as indicated in the
horizontal section horizontal section
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
(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 (4) Unbound, except as indicated in the
horizontal section horizontal 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 (4) Unbound, except as indicated in the
horizontal section horizontal 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 (4) Unbound, except as indicated in the
horizontal section horizontal section

XII. Other Services not elsewhere specified


- Beauty and Physical Well-Being (1) Unbound* (1) Unbound*
Services (2) None (2) None
- Massage Services excluding (3) None (3) None
Therapeutic Massage (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
(part of CPC Ver. 1.0: 97230)10 horizontal section horizontal section

- Spa Services (1) Unbound* (1) Unbound*


(part of CPC Ver. 1.0: 97230)10, (2) None (2) None
including Spa Management Services (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section

GATS/SC/144
Page 35
10
This subclass does not include medical treatment services, cf. 931.
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

Page 36
GATS/SC/144
- Hairdressing and other beauty (1) Unbound* (1) Unbound*
services (2) None (2) None
(CPC 9702) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section
GATS/SC/144
Page 37

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
GATS/SC/144
Page 38

(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).
GATS/SC/144
Page 39

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
GATS/SC/144
Page 40

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.
GATS/SC/144
Page 41

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.

__________

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