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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of June 1, 2016 No. 346

About approval of the Procedure for ensuring protection of the rights and interests of Ukraine in the trade and economic sphere within the World Trade Organization

(as amended on 20-05-2020)

The Cabinet of Ministers of Ukraine decides:

Approve the Procedure for ensuring protection of the rights and interests of Ukraine in the trade and economic sphere within the World Trade Organization which is applied.

Prime Minister of Ukraine

V. Groysman

Approved by the Resolution of the Cabinet of Ministers of Ukraine of June 1, 2016, No. 346

Procedure for ensuring protection of the rights and interests of Ukraine in the trade and economic sphere within the World Trade Organization

1. This Procedure determines the procedure of ensuring protection of the rights and interests of Ukraine in the trade and economic sphere within the WTO.

Action of this Procedure extends to the relations arising when carrying out consultations and dispute settlements between members of the WTO concerning their rights and obligations according to provisions of the agreements specified in amendments 1 and 2 to the Arrangement on the rules and procedures regulating the dispute resolution (Appendix 2 to the Marrakesh agreement on organization of the World Trade Organization) of April 15, 1994 (further - the Arrangement).

2. In this Procedure terms are used in such value:

dispute settlement - implementation of the rules and procedures provided by the Arrangement, in particular concerning participation of Ukraine in work of groups of experts, Appeal body in the course of arbitration within the WTO, acceptance and accomplishment of decisions, recommendations, conclusions and resolutions of Body for the dispute resolution of the WTO;

the interested bodies - executive bodies, other state bodies, local government bodies which the questions connected with protection of the rights and interests of Ukraine in the trade and economic sphere within the WTO concern;

the interested organizations - the companies, organizations and the organizations of Ukraine, irrespective of pattern of ownership which the questions connected with protection of the rights and interests of Ukraine in the trade and economic sphere within the WTO concern.

Other terms are used in the value given in the Marrakesh agreement on organization of the World Trade Organization and appendices to it which consent to be bound is provided by the Verkhovna Rada of Ukraine.

3. Ensuring protection of the rights and interests of Ukraine in the trade and economic sphere within the WTO is performed by Ministry of Economics according to the tasks assigned to it.

4. The Ministry of Economics takes necessary measures for satisfactory settlement for the benefit of Ukraine, in particular according to procedures of the good offices, conciliation and mediation provided by the Arrangement for decision making which is mutually acceptable for the parties of dispute.

5. In case of detection of information on acceptance by the member of the WTO of measures which do not correspond to provisions of any of agreements of the WTO the interested bodies and foreign diplomatic organizations of Ukraine report about this Ministry of Economics within five working days.

6. In case of detection of information on acceptance by the member of the WTO of measures which do not correspond to provisions of any of agreements of the WTO the interested organizations send the corresponding message of Ministry of Economics.

The message of the interested organizations shall contain, in particular:

full name of the interested organization, code according to EGRPOU, the location, numbers of means of communication, the e-mail address, surname and initials of persons which can provide the specifying data;

the materials, reasons and proofs confirming acceptance by the member of the WTO of measures which do not correspond to provisions of any of agreements of the WTO.

7. By results of consideration of messages of the interested bodies and organizations for detection of information on acceptance by the member of the WTO of measures which do not correspond to provisions of any of agreements of the WTO the Ministry of Economics makes the decision about:

availability of the bases to consider that the measures taken by the member of the WTO do not correspond to provisions of any of agreements of the WTO, and also creation of interdepartmental working group on ensuring protection of the rights and interests of Ukraine in the trade and economic sphere within the WTO (further - interdepartmental working group);

lack of the bases to consider that the measures taken by the member of the WTO do not correspond to provisions of any of agreements of the WTO. Reports about the made decisions of Ministry of Economics to the interested bodies and the organizations.

8. Ministry of Economics for ensuring protection of the rights and interests of Ukraine in the trade and economic sphere within the WTO:

1) interacts about the MFA, international intergovernmental organizations and foreign jurisdictional bodies;

2) is coordinated by activities of the interested bodies and the organizations regarding ensuring protection of the rights and interests of Ukraine;

3) is carried out by information analysis, the reasons, materials and the evidence obtained from the interested bodies and the organizations, foreign diplomatic organizations of Ukraine, and also collected by the Ministry;

4) determines the interested bodies and the organizations for participation in carrying out consultations and dispute settlement between members of the WTO and involves representatives of such bodies and the organizations (in coordination with their heads) to representation at the scheduled time of the relevant information, the materials, the conclusions and explanations necessary for ensuring protection of the rights and interests of Ukraine;

5) is informed with provision of the corresponding recommendations and offers by the Cabinet of Ministers of Ukraine, the interested bodies and the organizations relatively:

acceptances of measures by Ukraine concerning which there is probability of sending by members of the WTO of the requirement about carrying out consultations and/or dispute settlements between members of the WTO;

acceptances by the member of the WTO of measures concerning which by Ukraine the requirement about carrying out consultations and/or dispute settlements between members of the WTO can be sent;

6) attraction for carrying out consultations provides taking into account recommendations and proposals of the interdepartmental working group and/or dispute settlements between members of the WTO of legal advisers, independent experts and economic advisers, including foreign;

7) provides preparation of the documents provided by the Arrangement for their submission in accordance with the established procedure to the WTO;

8) performs representation of Ukraine when carrying out consultations and/or dispute settlements between members of the WTO;

9) the Cabinet of Ministers of Ukraine, the interested bodies and the organizations informs dispute settlements on the course of carrying out consultations and/or between members of the WTO;

Whether 10) participates in carrying out consultations and / dispute settlement between members of the WTO as the third party in case of availability of essential interest in cases between members of the WTO;

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