Guidance

Trade with Ukraine from 1 January 2021

How you import from and export to Ukraine will change from 1 January 2021. 

New rules for January 2021

The UK has left the EU, and the transition period after Brexit comes to an end this year.

This page tells you what you'll need to do from 1 January 2021. It will be updated if anything changes.

You can also read about the transition period.

The UK has signed an agreement with Ukraine.

This guidance provides information on aspects of trade that will change as soon as the UK-Ukraine agreement takes effect. It is for UK businesses trading with Ukraine.

What the agreement includes 

This agreement includes provisions on: 

  • trade in goods - including provisions on preferential tariffs, tariff rate quotas, rules of origin and sanitary and phytosanitary measures
  • trade in services
  • intellectual property, including geographical indications
  • government procurement

Import tariff rates on goods 

Tariff rates for bilateral trade in goods between the UK and Ukraine will continue to apply as soon as the agreement takes effect. However, in some cases, the non-preferential applied rates may in fact be lower because of changes in the UK’s Most Favoured Nation tariff schedule.

You can use online tools Trade with the UK and Check How to Export Goods to check product-specific and country-specific information on tariffs and regulations that currently apply to UK trade in goods. These tools are regularly updated to reflect any changes.

Import tariff rate quotas 

Tariff rate quotas in the agreement have been tailored specifically to the UK.  

To find out the new tariff rate quotas, see tables 4 and 5 of the parliamentary report.   

Rules of origin  

Claiming preferential rates for your exports from the UK

Unless you are permitted to provide an origin declaration, you will need to fill in a certificate of origin in order to claim preferential treatment.

Updated certificates of origin will be available as soon as the agreement takes effect from your usual provider, for example chambers of commerce. Certificates will look very similar to those currently in use. They will show the UK as the place of origin rather than the EU.

If you currently use an EUR1 form, you will continue to do so. If you currently use an EUR-MED form, you will continue to do so.

Using EU materials and processing in your exports to Ukraine

You can continue to use EU materials or processing in your exports to Ukraine. The UK and Ukraine must have fulfilled the necessary requirements set out in the Rules of Origin Protocol. You must also ensure the working or processing you do in the UK goes beyond the minimal operations listed in the agreement and the other relevant conditions are met.

For example, you will not be able to simply package or label a product from the EU and export it to Ukraine as a good originating in the UK.

See the list of minimal operations in Article 7 of the Rules of Origin Protocol in the UK-Ukraine agreement.

The ability to consider materials from, or processing carried out in, another country as originating when incorporated into your product is called cumulation. 

Using materials and/or processing from other countries in your exports to Ukraine

If both the UK and Ukraine have an agreement with one of the other countries provided for in the Rules of Origin Protocol, you can continue using materials, and in some cases processing, from that country in your exports to Ukraine. You must ensure that the working or processing you do in the UK goes beyond the minimal operations listed in the agreement and the other relevant conditions are fulfilled.

Sending your goods to Ukraine through the EU and other countries

Goods transited through the EU – and any other country with whom cumulation is applicable – will not be subject to the same restrictions as those in transit through other third countries.

For example, you will be able to split a consignment in the EU when exporting goods to Ukraine, provided the goods comprising the consignment have not been entered into free circulation in the EU.

Transit through any other third country is possible provided your goods remain under customs surveillance and do not undergo operations other than unloading, reloading or any operation designed to preserve them in good condition.

Goods in transit and retrospective certificates of origin

If you expect goods to be in transit when the EU-Ukraine agreement ceases to apply to the UK, you can obtain a retrospective certificate of origin. This will show that the goods originated in the UK and are eligible for preferential terms if your goods arrive on, or within 12 months after the UK-Ukraine agreement starts to apply.

You can get retrospective certificates of origin from your usual provider as soon as the agreement takes effect.

Intellectual property and geographical indications 

Intellectual property

The UK and Ukraine have agreed that the rights of an author of a literary or artistic work shall run for the life of the author and for not less than 70 years after their death. This ensures continued protection of copyright.

Geographical Indications

Geographical Indications (GIs) protect the geographical names of food, drink and agricultural products.

Both the UK and Ukraine’s existing GIs remain covered by this agreement.

The following ‘transborder GIs’ that relate to the territory of both Northern Ireland and the Republic of Ireland, are protected in this agreement:

  • Irish Whisky/Irish Whiskey/Uisce Beatha Eireannach
  • Irish Poteen/Irish Poitín
  • Irish Cream

When the agreement is expected to take effect 

The agreement is intended to take effect from 1 January 2021 (or as soon as possible thereafter).

Further information 

From 1 January 2021, the Northern Ireland Protocol will come into effect. Find out how this could affect your business.

Freight forwarding may save you time and money if you’re exporting large volumes of goods or high value items by sea or air freight. Find out more about freight forwarders.

This guidance is for information only. You should consult your legal advisers if you wish to ensure you understand the legal implications of trading from 1 January 2021 for your business.

Contact 

If you have queries about trade from 1 January 2021 contact the Department for International Trade (DIT).

Should you wish to speak to someone face to face, we have local trade offices based around the UK. Within each office you can contact an international trade advisor. Find your local trade office.  

Published 9 November 2020