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UKRAINE RESERVATIONS TO ESTABLISHMENT



 

(Referred to in Article 88(1)[of this Agreement])

 

Land ownership

 

Foreign citizens and persons without citizenship have no right to acquisition of 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 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.

 

The acquisition, purchase as well as rent or lease of real estate by foreign natural persons and juridical persons may require an authorization

 

Forestry

 

Forests can be owned only by Ukrainian citizens and legal entities

 

The acquisition of state owned properties

 

Enterprises and governmental agencies in which state ownership exceeds 25% are not authorized to participate in the privatization of Ukrainian enterprises.

 

Prospecting, exploring for and producing hydrocarbons

 

Establishment shall be in line with Article 279 (on prospecting, exploring for and producing hydrocarbons in Chapter 11 (Trade-related Energy) of Title IV of this Agreement.

 

Notary services

 

Only citizens of Ukraine are permitted to supply notary services.

 

Medical and dental services

 

Professional qualification requirements according with Ukrainian legislation. Foreign service suppliers must speak Ukrainian.

 

Private Services provided by Midwives, Nurses, Physiotherapists and Paramedical Personnel

 

Professional qualification requirements according with Ukrainian legislation. Foreigner service suppliers must speak Ukrainian.


 

 

374 LIMITE


LIMITE

 

Postal and Courier Services (including express delivery services)109

 

No national treatment for ordinary letters110 weighing less than 50 grams and postcards.

 

Licensing may be required for:

 

(і) Handling of addressed written communication on any kind of physical medium111,
  including:
  Hybrid mail service
  Direct mail
(іі) Handling of addressed parcels and packages112
(ііі) Handling of addressed press products113
(iv) Handling of items referred to in (і) to (ііі) above as registered or insured mail,

 



for which a general Universal Service Obligations exists.

 

These licenses may be subject to particular universal service obligations and/or financial contribution to a compensation fund.

 

Educational Services

 

Primary education services, Secondary education services, Higher education services

 

In line with Ukrainian legislation, only a citizen of Ukraine may be the head of an educational institution, notwithstanding the type of ownership.

 

Financial services

 

Participation in issues of all kinds of securities, including underwriting and placement as agent (whether publicly or privately) and provision of services related to such issues may be conducted only by legal persons engaged exclusively in issuance of securities, and banks.

 

Health Related And Social Services

 

Professional qualification requirements according with Ukrainian legislation for hospital services, including Hospital Management Services and other human health services

 

Recreational, Cultural And Sporting Services

 

 

109 The commitment on postal and courier services and express delivery services applies to commercial operators of all forms of ownership, both private and state.

110 Ordinary delivery sent via postal box or post office and delivered to postal box at mentioned address without receipts.

111 E.g. letter, postcards.

112 Books and catalogues are included in this subsector.

113 Magazines, newspapers and periodicals.


 

 

375 LIMITE


LIMITE

 

 

No national treatment and most favourable nation treatment obligations for access to subsidies to cinema theatre operation services

 

Foreign investment for news agency services providers is limited to 35%.

 

Internal Waterways Transport114

 

No national treatment and most favourable nation treatment obligations with respect to national cabotage transport. Measures based upon existing or future agreements on access to inland waterways (incl. agreements following the Rhine-Main-Danube link) reserve some traffic rights for operators based in the countries concerned and meeting nationality criteria regarding ownership. Subject to regulations implementing the Mannheim Convention on Rhine Shipping [of 1868].

 

Air Transport Services

 

No national treatment and most favourable nation treatment obligations for domestic and international air transport services and services, whether scheduled or non-scheduled, and services directly related to the exercise of traffic rights, other than aircraft repair and maintenance services, the selling and marketing of air transport services, CRS services and other services auxiliary to air transport services, such as ground handling services, rental services of aircraft with crew and airport operations services. The conditions of mutual market access in air transport shall be dealt with by the Agreement between the European Union and its Member States and Ukraine on the establishment of a common aviation area.

 

Rail Transport Services

 

No national treatment and most favourable nation treatment obligations for passenger and freight transportation, other than treatment established under Article 136 of Chapter 6 (Establishment, Trade in Services and Electronic Commerce) of Title IV on of this Agreement.

 

Road Transport Services

 

Passenger transportation and freight transportation entities shall be registered as a legal entity

 

Including Services auxiliary to internal waterways transport  
   

 

 

376 LIMITE


LIMITE

 

 

ANNEX XVI-E

 





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