Common features

Reason: ________________________________________________

Procedure: _____________________________________________

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Individual features

By the conclusion of the investigation

Injury cause	Trade remedy applied

ADMINISTRATIVE NON-TARIFF MEASURES

Typical administrative non-tariff regulation measures are: Embargo, Licensing and Quotas, Technical barriers.

Embargo. Embargo is a prohibiting trade measure. Embargoes may be imposed on imports or exports of particular goods, regardless of destination, in respect of certain goods supplied to specific countries, or in respect of all goods shipped to certain countries. Although the embargo is usually introduced for political purposes, the consequences, in essence, could be economic.

Licenses. The most common instruments of direct regulation of imports (and sometimes export) are licenses and quotas. Almost all industrialized countries apply these non-tariff methods. The license system requires that a state (through specially authorized office) issues permits for foreign trade transactions of import and export commodities included in the lists of licensed merchandises. Product licensing can take many forms and procedures. The main types of licenses are general license that permits unrestricted importation or exportation of goods included in the lists for a certain period of time; and one-time license for a certain product importer (exporter) to import (or export). One-time license indicates a quantity of goods, its cost, its country of origin (or destination), and in some cases also customs point through which import (or export) of goods should be carried out. The use of licensing systems as an instrument for foreign trade regulation is based on a number of international level standards agreements. In particular, these agreements include some provisions of the General Agreement on Tariffs and Trade and the Agreement on Import Licensing Procedures, concluded under the GATT.

3. Quotas. Licensing of foreign trade is closely related to quantitative restrictions – quotas - on imports and exports of certain goods. A quota is is a direct quantitative restriction on the amount of a commodity allowed to be imported or exported for a certain period of time. Quantitative controls on foreign trade transactions carried out through one-time license. Quantitative restriction on imports and exports is a direct administrative form of government regulation of foreign trade. Licenses and quotas limit the independence of enterprises with a regard to entering foreign markets, narrowing the range of countries, which may be entered into transaction for certain commodities, regulate the number and range of goods permitted for import and export. However, the system of licensing and quota imports and exports, establishing firm control over foreign trade in certain goods, in many cases turns out to be more flexible and effective than economic instruments of foreign trade regulation. This can be explained by the fact, that licensing and quota systems are an important instrument of trade regulation of the vast majority of the world.

LICENSING AND QUOTAS IN UKRAINE

Subject matter of licensing and quotas regulations in Ukraine is described in “ LAW OF UKRAINE ON FOREIGN ECONOMIC ACTIVITY”# 959-XIIfrom 19.04.2014:http://zakon4.rada.gov.ua/laws/show/959-12

Licensing represents government control over foreign trade of certain goods by issuing a special permission to applicant to carry out imports (exports) regulated by the authority. Quotas is a special case of licensing. Quotas represents licensing with indicated restrictions in quantity or value of goods permitted to be imported (import quotas) or exported (export quota) for the certain period of time. Quotas is foreign trade activity regulation allowing import (export) of the goods in certain quantities or values within certain time.

Licensing of foreign trade is introduced in Ukraine under the following circumstances:

• In case of sharp deterioration of the balance of payments of Ukraine if its negative balance exceeds 25 percent from a total sum of currency reserves of Ukraine;

• In case of high level of external debts;

• In case of considerable infringement of balance on the certain goods in home market of Ukraine, especially on agricultural production, products of fishery, production of the food-processing industry and the industrial consumer goods of the first necessity;

• If necessary to provide certain proportions between import and domestic raw materials to manufacture;

• In reply to discrimination actions of other states;

• At infringement by the subject of foreign trade activities of rules of law of this activity established by this Law (in this case the licensing mode is entered as the sanction);

• According to the international agreements which Ukraine concluded or joined to.

The decision on an establishment of a mode of licensing and quota allocation import (export) annually accepted by the Cabinet of Ministers of Ukraine with the list of the goods which subject to licensing and quotas. The decision confirms for a year:

• Total amounts of quotas of the goods, import and export of which are subject to licensing;

• The list of goods with ozone depleting substances, export and import of which is subject to licensing;
Under an import-licensing scheme importers (exportes) of a commodity are required to obtain a license for each shipment. A licenses are issued by the Ministry of Economy of Ukraine.

TYPES OF EXPORT (IMPORT) LICENSES • _______________________ – the properly issued right to export (import) certain goods or currency means for the purpose of investments and crediting within a definite period of time; • _______________________ – the permission to export (import) the goods within a definite period of time (but not less than one month) with definition of total amount; • _______________________ – the open permission to export (import) certain goods with the certain country (group of the countries) within the period of a mode of licensing; • _______________________ – the single permission given to concrete subject of foreign trade activity for each transaction for the period not smaller than that is necessary for export (import) operation. • _______________________ –the properly issued right to import to Ukraine certain goods which are objects of special investigation and-or special measures within a definite period of time.

TYPES OF EXPORT (IMPORT) QUOTAS • _______________________ – it is established for the goods without definition of countries where the goods are exported or from which they are imported; • _______________________ – it is established for the goods with definition of group of the countries where the goods are exported or from which they are imported; • _______________________ – it is established for the goods with definition of the concrete country where the goods are exported or from which they are imported; • _______________________ – it is established for the certain goods which are objects of special investigation and-or special measures within a definite period of time.

4. Technical Barriers, Standards. Technical barriers are the requirements for correspondence of imported goods to national standards for quality, packaging, labeling, marking, storage, sanitary and phyto-sanitary terms, regulatory environment terms, ets.

Ukraine has passed new laws aimed at bringing national practices in this area into line with the WTO Agreement on Technical Barriers to Trade. The typical technical barriers applied to imported goods in Ukraine are described below.

ü Certification Of Goods Imported Into Ukraine

Imported goods are subject to certification in respect of their correspondence to effective Ukrainian standards, norms, and rules as to safety of people's life and health and the environment. The list of products subject to mandatory certification in Ukraine is approved by the State Standard Committee and is updated constantly.

The State Committee of Ukraine on Standardization, Metrology, And Certification confirms the correspondence of imported goods to the mandatory requirements of norms and standards effective in Ukraine by a certificate of correspondence or a certificate or recognition of a foreign certificate.

ü In Ukraine imported goods are subject to different kinds of control: sanitary-epidemiological, veterinary, phytosanitary, radiological, ecological control, control over movement of cultural valuables ets. For example, the phytosanitary control is applied to goods of plant origin as a protection from quarantined objects and the veterinary control is applied to goods of animal origin.

Customs authorities cooperate with the state authorities that are responsible for those checks. Customs formalities with the goods moved across Ukraine’s customs border can only be finished after the above-mentioned types of control are completed.

ü Labeling And Marking Requirements. All imported food products should carry labels in the Ukrainian language. The labels should inlude information about the manufacturer, product ingredients and expiration dates.

In addition, some labels/markings have to be adhered to specific products. For example, labels for hazardous materials, and marking indicating the voltage and frequency of electrical appliances, ets.

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