Tariffs. Customs. Trade Remedies

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Ukraine

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On November 3, 2016, the Government announced that the Hon. Chrystia Freeland, Minister of International Trade, introduced legislation in the House of Commons to implement the Canada-Ukraine Free Trade Agreement (CUFTA). The legislation will be subject to all required stages of the legislative process. Canada is committed to the timely ratification of CUFTA so Canadians and Ukrainians alike can take advantage of its benefits as soon as possible. The Government said that, when implemented, the CUFTA will generate opportunities for Canadians and Ukrainians, create new job opportunities, and help to grow the middle class and those working hard to join it. The announcement said that:

On 17 October 2016 the President of Ukraine enacted Presidential Decree No. 467/2016 approving the Decision of the National Security and Defense Council of Ukraine dated 17 October 2016 (the “Decree”)  imposing new personal sanctions against 335 individuals and 167 entities, and extending the sanctions imposed in September 2015 against 388 individuals and 105 entities for one more year.

On September 30, 2016, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) published in the Federal Register a final rule [FAC 2005–91; FAR Case 2016–009; Item VIII; Docket No. 2016–0009, Sequence No. 1] amending the Federal Acquisition Regulation (FAR) to add Ukraine and Moldova as new designated countries under the World Trade Organization Government Procurement Agreement (WTO GPA). The rule will be effective October 31, 2016

On September 7, 2016, the Bureau of Industry and Security (BIS) published in the Federal Register a final rule [Docket No. 160617543-6543-01] that amends the Export Administration Regulations (EAR) by adding eighty-one entities under eighty-six entries to the Entity List. The eighty-one entities who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. BIS is…

The Ukrainian central bank, the National Bank of Ukraine (NBU), continues to ease strict currency control measures on the cross-border movement of capital. Another step towards easement of the established restrictions was the adoption of NBU Board Resolution No. 361 “On Amending Certain Legal Acts of the National Bank of Ukraine”, dated 28 July 2016 and effective from 29 July 2016 on liberalization of certain requirements on cross-border payments for export and import operations.

  On June 30, 2016, the Defense Acquisition Regulations System, Department of Defense (DoD) published in the Federal Register a final rule [Docket DARS–2016–0022] amending the Defense Federal Acquisition Regulation Supplement (DFARS) to add Ukraine as a new designated country under the World Trade Organization Government Procurement Agreement (GPA). The GPA entered into force for Ukraine on May 18, 2016. The United States, which is also a party to the GPA, has agreed to waive…

  The EU Council has extended for a further year the measures imposed by Council Regulation 692/2014 and Council Decision 2014/386/CFSP in response to the illegal annexation of Crimea and Sevastopol to Russia (see our earlier Sanctions blog post on the previous one year extension here).  The implementing legislation was published in the Official Journal of the European Union on 18 June 2016.  The Council took this opportunity to reaffirm its previous statement of 19 March 2015…

  On May 18, 2016, the Office of the U.S. Trade Representative (USTR) published in the Federal Register a notice announcing a determination regarding waiver of discriminatory purchasing requirements under the Trade Agreements Act of 1979. On November 11, 2015, the WTO Committee on Government Procurement approved the accession of Ukraine to the World Trade Organization (“WTO”) Agreement on Government Procurement (GPA). Ukraine submitted its instrument of accession to the Secretary-General of the WTO on April…

  On March 18, 2016, Canada further expanded its sanctions against Russia and Ukraine, adding 2 individuals and 10 entities to the list of designated persons under Schedule 1 of the Special Economic Measures (Russia) Regulations (the “Russia Regulations”). Canada also added 3 individuals and 4 entities to the list of designated persons under the schedule to the Special Economic Measures (Ukraine) Regulations (the “Ukraine Regulations”). An unofficial copy of the regulations amending the Russia…

On March 4, 2016, the Federal Register published Presidential Notice of March 2, 2016 – Continuation of the National Emergency With Respect to Ukraine which continues for an additional year the national emergency first declared in Executive Order (EO) 13660 on March 6, 2014 to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States constituted by the actions and policies of persons that undermine democratic processes…