Ukraine urgently needs to update trade investigation procedures – conference

Procedures need to be adapted to wartime conditions

Olena Omelchenko, Partner at Ilyashev & Partners Law Firm, moderator of the conference “Trade Wars: The Art of Defense”, called on the government to urgently update the procedures of trade investigations adapted to the conditions of wartime.

“The EU has already reduced the duration of investigations. Ukraine should do the same. We call on the Interdepartmental Commission on International Trade to meet at least once a quarter and to introduce a transparent procedure for price commitments. The law allows foreign producers to avoid duties by making a voluntary price commitment. However, the national producer is not involved in this process and eventually suffers losses due to the loss of market share,” she emphasized.

According to Olena Omelchenko, Ukrainian producers have to wait for years for protection from unfair imports, in particular, to compete with goods originating from countries that directly or indirectly support the aggressor state. Instead, freeing up a part of the market from imports from third countries will not only support domestic producers but also strengthen production in countries that are strategic partners of Ukraine.

The need for a systematic state policy in the field of trade protection, support for domestic producers in the face of war and global competition was the key message of the conference.

The community of experts formulated several proposals that were supported by the participants:

1. Reduce the timeframe for anti-dumping investigations in view of martial law, make meetings of the Interdepartmental Commission on International Trade regular, and introduce transparent practices for the application of price commitments.
2. Introduce effective import monitoring – avoidance of duties through third countries, manipulation of codes and substitution of the origin of goods require a systematic response and reform of the customs service.
3. Expand trade with Western partners – intensify dialogue with the EU, the US, the UK, and Japan on free trade, duty-free travel, and investment.
4. The focus of the extractive industry is to attract long-term investment by launching private geological exploration and attracting investors to critical minerals projects.
5. Support domestic production. Priority is given to Ukrainian producers and partner countries.

The fifth annual conference Trade Wars: The Art of Defense, organized by Ilyashev & Partners Law Firm together with Yurydychna Praktyka Publishing House, was held in Kyiv on May 20. The event brought together more than 100 participants – representatives of industry, business associations, government, diplomatic missions and leading experts in international trade. This year’s discussion focused on the end of autonomous trade preferences with the EU, protection of Ukrainian exports and the domestic market, reform of trade defense procedures, and business adaptation to new global challenges.

As GMK Center repoted earlier, starting June 6, Ukraine will return to the free trade regime enshrined in the Association Agreement, said Taras Kachka, Deputy Minister of Economy and Trade Representative of Ukraine. Until then, the EU’s autonomous trade measures have been in effect, liberalizing access for domestic goods.