A NEW LAW OF UKRAINE IN THE FIELD OF TRADE REMEDIES TO BE ADOPTED

Partner Nataliia Isakhanova participated in the expert meeting dedicated to “Improvement of the legal framework in the field of trade defence instruments (anti-dumping, anti-subsidy and safeguard investigations mechanisms)”, arranged by the Ministry of Economic Development and Trade of Ukraine.

Representatives of relevant branches and departments of the Ministry of Economic Development and Trade of Ukraine, law firms, civil society institutions (Vinnytsia, Dnipro, Lviv, Odesa, Kharkiv, Chernihiv), relevant regional state administrations, as well as independent experts have presented their views regarding the improvement of legal regulation of anti-dumping, anti-subsidy and safeguard investigations through the preparation of a new version of the Law of Ukraine “On Protection of the National Producer against Dumped Imports”, the Law of Ukraine “On Protection of the National Producer against Subsidized Imports”, the Law of Ukraine “On Application of Safeguard Measures against Imports to Ukraine”.

The experts pointed out that the proposed draft laws took into account the interests of all interested parties, since domestic producers, importers and consumers (users) (either large companies or small and medium enterprises) should have convenient and effective means to protect their interests in the struggle against dumped imports, subsidized imports and emerging imports that cause injury to the national industry.

All experts have agreed that the draft laws were fully in line with WTO law: the Agreement on the Application of Article VI of the General Agreement on Tariffs and Trade 1994, the Agreement on Subsidies and Countervailing Measures, and the Safeguards Agreement.

The draft laws were also prepared taking into account the interpretation of the provisions of respective agreements by WTO panels and the Appellate Body.

The Ministry of Economic Development and Trade of Ukraine prepared the above-mentioned draft laws in close cooperation with experts in international trade and with representatives of public circles. The Ministry took into account most of the proposals and recommendations for improving the legal framework in the area of trade remedies submitted to its address by the engaged experts, including by “Sergii Koziakov & Partners”.

The draft laws are available at the following link:
http://www.me.gov.ua/Documents/List?lang=uk-UA&tag=docs_project