Ukraine launches official website of the Register of Damage

On 4 March 2024, the official website of the Register of Damage for Ukraine was launched. The website sheds light on the forthcoming modes of operation of the Register of Damage and outlines the general requirements for claims to be accepted.

The Register of Damage will record claims filed by individuals, entities, and the Ukrainian state for compensation for damage, loss, and injury resulting from aggression by the Russian Federation. The Register will also receive and keep the supporting evidence of these claims.

The Register of Damage will only accept claims filed digitally through the Ukrainian application Diia. Claims must be filed in the Ukrainian language, although the ability to submit claims in English may be introduced later. There will be no charge for filing claims. The official procedure for submitting, processing, and recording claims is currently under development and will be published soon.

While the categories of eligible claims have not yet been finalised, the following types of claims are expected to be covered:

  • loss of life, torture, sexual violence, and personal injury;
  • involuntary displacement and forced relocation of individuals;
  • loss of property and revenue, and other forms of economic loss;
  • damage to critical infrastructure and other governmental facilities;
  • damage to historic and cultural heritage;
  • environmental damage;
  • other categories as determined by the Board.

In all instances, eligible claims are those pertaining to damage, loss, or injury that have occurred: 

  • on or after 24 February 2022;
  • in the territory of Ukraine, within its internationally recognised borders including its territorial waters; and
  • as a result of the internationally wrongful acts of the Russian Federation in or against Ukraine.

The Register’s Secretariat will review claims and prepare recommendations to the Register’s Board, which will act as the ultimate authority in determining the eligibility of claims. The Board’s decisions will not be subject to appeal.

The Board may reject claims in two ways: “with prejudice”, indicating they are ineligible and cannot be resubmitted; or “without prejudice”, meaning that they lack evidential substantiation and can be resubmitted in due course.

Claims deemed eligible by the Board will be recorded in the Register of Damage for further examination and evaluation by a future international compensation mechanism. The Register will categorise, classify, and organise the claims according to various criteria, but will not examine or evaluate the merits of any claims it receives, assess their value, or order any payments on its own. 

The Register of Damage is scheduled to commence accepting claims in April 2024. The exact date will be announced shortly. Initially, the submission process will be limited to a single category of claims: damage and destruction of residential immovable property. Additional categories of claims will be introduced and made available for submission in the near future.

The Register is expected to receive up to ten million claims.

Source – https://cms-lawnow.com/en/ealerts/2024/03/ukraine-launches-official-website-of-the-register-of-damage

REGISTER OF DAMAGE FOR UKRAINE: OFFICIAL WEBSITE STARTUP

March 4, 2024: startup of official website of the International Register of Damage caused by military aggression of the Russian Federation against Ukraine. Such register was created by Resolution of the Committee of Ministers of the Council of Europe on Expanded Partial Agreement on the Register of Damage caused by military aggression of the Russian Federation against Ukraine, CM/Res(2023)3 dated May 12, 2023.

Reported by: Iryna Mudra, Deputy Minister of Justice of Ukraine.This resource was created in order to highlight activities of the Register of Damage in public. Website contains available information about the Register of Damage, the latest news and events related to its functioning. Potential claimants will be able to find answers to frequently asked questions, as well as detailed information about initiation and procedure for filing claims on damage recovery, etc.

Website is available in Ukrainian and English. French version of the website will be available later.

Website of the Register of Damage is available by link.

Iryna Mudra notes that the Register of Damage is the first component of international recovery mechanism with the following components: Register of Damage, Application Review Commission and Compensation Fund.

Deputy Minister of Justice reminds, “The Register of Damage serves as a documentary form for accounting evidence and information regarding claims for the recovery of losses/damages caused on February 24, 2022, or later in Ukraine within its internationally recognized borders, including its territorial waters, to all natural persons and legal entities concerned, as well as to the state of Ukraine, including its regional and local authorities, state-owned or subordinated institutions, by internationally illegal actions of the Russian Federation in Ukraine or against Ukraine”.

Register of Damage is located in The Hague, Kingdom of the Netherlands. Currently, Ukraine, jointly with other participating states and associated members of the Register of Damage, is actively taking measures aimed at full-scale launch of the Register of Damage as soon as possible. Register of Damage is expected to start accepting the first applications in April 2024, whereon one will be notified additionally.

Source – https://yur-gazeta.com/golovna/-zapushcheno-oficiyniy-vebsayt-mizhnarodnogo-reestru-zbitkiv.html

2024: business expectations, forecasts, and warnings

Yesterday, the European Business Association held its traditional Global Outlook event, where the business community discussed plans for 2024, the macroeconomic stability of the country, defense industry and development prospects, and Ukrainian-Polish cooperation.

Macroeconomic and macrofinancial stability of the country

Andriy Pyshnyy, Governor of the National Bank of Ukraine, emphasized that in 2023 Ukraine managed to achieve significant economic results and build up a certain margin of safety. This resource makes it possible to hold out until the rhythm of international assistance is restored. The NBU remains within the baseline scenario of its macroeconomic forecast and expects that external financing (its rhythmicity and sufficiency) will be restored soon. Mr. Pyshnyy emphasized that the regulator understands the difficulties for business due to the currency restrictions imposed, which were a necessary step to stabilize the situation at the beginning of the full-scale invasion. The NBU is actively working to create systemic preconditions for further currency liberalization. The first stage is almost complete, while the second stage will include the liberalization of trade finance, management of currency risks of banks, and the possibility of the repatriation of interest on “old” debt obligations. Progress on the currency liberalization roadmap depends, among other things, on the state of international reserves, which are replenished through international assistance and timely receipt of export earnings. Andriy Pyshnyy emphasized the need for companies to meet the deadlines for its return. Careful compliance with all the rules will bring the moment of further currency easing closer for everyone.

Tomas Fiala, CEO of Dragon Capital, supported the words of the NBU Governor. The banking sector is experiencing a much better situation than in the 2014 crisis, when there was a serious outflow of deposits, some banks had to close, etc. He also remains optimistic about the current situation and predicts a 4% growth in gross domestic product (GDP) if security risks remain at the same level. It is expected that this year Ukraine will receive $37 billion in loans and grants to the budget, including €18 billion from the EU, $5 billion from the IMF, $8 billion from the US, plus assistance from Canada, Japan, and Norway (although this is less than last year, when it was $42 million). This will bring the GDP to $203 billion in dollars, which is the highest GDP in dollars in the history of independent Ukraine. Of course, there are also risks of irregularity of assistance, and not receiving sufficient assistance from the US, but there is hope that even in this case, these risks can be covered by assistance from other countries, as well as if the country begins to work actively to combat the shadow economy. Mr. Fiala also emphasized that Dragon Capital analysts forecast the dollar exchange rate at 39 UAH/USD and inflation at 8%. At the same time, he noted that it is still important to systematically address the rule of law and fight against corruption, as selective justice has no positive impact on business or the country’s investment climate.

Crispin Ellison, Partner, Oliver Wyman, Marsh McLennan, shared the situation with the insurance market in Ukraine. He mentioned that the market suffered major losses connected to Ukraine over the past 5 years and the big providers of (re)insurance capital were reluctant to engage. Moreover, providing war risk insurance at any scale was not something that the insurance market had done before. Currently, the situation is even more challenging because most stakeholders lack data on the actual situation, many imagining that the whole of Ukraine is like Bakhmut.

Marsh McLennan had worked with Ukraine government to develop a war risk data platform to address this.  It gives granular historic data in a user-friendly unclassified form to allow investors and insurers to make accurate risk assessments. It demonstrates the huge variation in risk by geography across the country and that, for example, that 2/3 of Ukrainian communities had not had a single explosive event since the February 2022 invasion.

Insurance is crucial for Ukrainian economic development, and global partners understand this. For war-risk cover, the infant insurance market needs support from public funds. Marsh McLennan is therefore focused on developing facilities based on public/private partnerships. The firm worked with the Government of Ukraine to put in place such a facility to insure shipping carrying cargo in the Black Sea at premiums less than half those available on the open market. Marsh McLennan is now working with the government on a new facility to cover cargo as well as the ships already covered, and also to develop an aviation insurance facility to allow the opening of Ukraine airspace to commercial traffic. Another current project is to provide affordable travel insurance for all business people visiting Ukraine. Currently the lack of such insurance discourages investors from overseas. 

Crispin Ellison concluded by emphasising the importance of building confidence in the nascent war-risk insurance market. This would create the conditions to allow large scale (re)insurance capital to re enter the country once violence diminishes. 

Larysa Bondarieva, Deputy Chairman of the Board of Raiffeisen Bank Ukraine, for her part, emphasized that Raiffeisen Bank is interested in finding a solution to cover war risks in the implementation of investment projects as soon as possible. In 2023, the bank actively lent to corporate clients, significantly supporting the Ukrainian economy. Since the second half of last year, the bank has begun to feel the willingness of companies to implement investment projects worth tens of millions of euros, so the bank continues to develop lending, including to small and medium-sized businesses, and sees great potential in the areas of logistics, agricultural production, processing, pharmaceuticals, and bioenergy. Ms. Larysa also emphasized that she would develop Raif and its portfolio of risk-sharing programs to support Ukrainian entrepreneurs: last year, the bank extended and attracted more than EUR 330 million in financing under risk coverage programs from the EBRD, DFC with the support of USAID, the European Investment Bank, and the European Investment Fund, MIGA, and implemented two large projects with the state Export Credit Agency to guarantee export contracts.

In 2023, the Ukrainian financial and insurance market will face challenges in terms of additional asset revaluations, bringing it closer to international regulatory standards.

“But based on my private experience, I am skeptical that European supervisors will give the green light to their shareholders to invest in Ukraine right now, in a period of uncertainty. In the face of open military aggression, we must resolve all financial nuances at the local level between the market and the regulator.

Corporate business is solvent and can give impetus to the development of the financial segment through long-term savings programs for its employees, additionally providing social protection and support. I believe that we must develop a strategy for the development of long-term insurance, as it is a resource for investments that can restore our post-war economy and help citizens create additional savings for the future,” said Natalia Bazilevska, Head of the Board of GRAWE Ukraine.

Prospects for the defense and military industry in Ukraine

Anna Gvozdiar, Deputy Minister for Strategic Industries of Ukraine, outlined the trajectory of the country’s defense industry in her speech. Thus, there is a significant growth in the defense industry – in 2023, the production of weapons and military equipment tripled compared to 2022. The Ministry has an ambitious vision of further strengthening this growth – today, private and state-owned manufacturers can produce six times more than last year. But to do so, they need orders and long-term contracts, primarily from the state. Increasing arms procurement is also critical for national defense.

Accordingly, the Ministry is making efforts to establish the practice of concluding long-term contracts with Ukrainian businesses and to find new sources of funding for these contracts to ensure stability and predictability in the supply chain and meet the needs of the Armed Forces of Ukraine. Ms. Gvozdiar reiterated her zero tolerance for corrupt practices and encouraged businesses to participate in the development of the defense industry. Finally, the deputy minister emphasized that it is important to retain capital and create jobs within the country to make Ukraine self-sufficient in critical defense technologies.

Dmytro Shymkiv, Co-founder of AeroDrone, discussed the challenges and opportunities for engaging the Ukrainian drone industry in the development of the defense sector. He highlighted such problems as lack of funding, complicated customs procedures, and unpredictability of orders. Shymkiv called on the relevant ministries to support Ukrainian producers as opposed to foreign ones, citing regulatory issues and the importance of fair competition. He also touched on profitability, regulatory issues, and the presence of ESG principles in the banks’ policies on financing arms development. Mr. Shymkiv emphasized the need for policy reforms to promote the growth and competitiveness of Ukraine’s defense industry.

Anton Skrypnyk, Founder of Roboneers, continued with a list of obstacles facing Ukrainian businesses seeking to engage in the defense industry. In addition to bureaucracy, he noted outdated legislation in Ukraine’s defense sector, excessive accounting requirements, and procedural issues. Skrypnyk also discussed broader issues of the business environment in Ukraine, including difficulties with access to financial instruments and the need for industry-wide changes. Nevertheless, Skrypnyk emphasized that his team has not encountered any cases of corruption, which is a positive aspect of their interaction with the government. The speaker emphasized cooperation with ministries to achieve common goals and called for systemic reforms to optimize processes in the defense industry.

Kateryna Mykhalko, Executive Director of Tech Force in UA, whose company started operating in August 2023, spoke about the process of uniting leading private enterprises that provide defenders with high military technologies and seek to address key challenges in the Ukrainian defense industry. These include budget redistribution, export restrictions, and long production cycles. In addition, Ms. Mykhalko emphasized the problems with human resources, in particular, the irreplaceability of certain specialists. The speaker also supported regulated technical requirements and a dialog between the Ministry of Defense and business.

Andriy Fialkovskyi, CEO of Skyeton, highlighted the challenges faced by companies in cooperating with the government for the defense industry. He emphasized the importance of financial forecasting, predictability in production, the critical role of exports in financing the company’s development, and noted obstacles such as the need to increase the length of contracts for procurement and customs clearance, as well as difficulties in securing credit due to lack of collateral. Implementing reforms and promoting more effective cooperation between the defense industry and the government will help to solve these problems.

Christian Seear, Senior Director of BAE Systems in Ukraine, noted the company’s commitment to the country. Thus, the opening of a representative office of the company, which is one of the largest suppliers of artillery equipment from different countries, including Sweden, the UK, and the US confirms BAE Systems’ commitment to working with the Ukrainian government to continue supporting the country’s current needs and to explore future requirements. Mr. Seear discussed the company’s strategy for Ukraine, which is initially focused on the repair and maintenance of vital artillery systems being operated by the Armed Forces of Ukraine inside Ukrainian borders. BAE Systems is open to working with local partners and engaging with the Ministry to build the local industrial base.

Dan Hallett, Director Ukraine, Central and Eastern Europe at Babcock International Group, emphasized Babcock’s commitment to working with Ukrainian industry based on partnership rather than competition and their cooperation with the British government and industrial partners such as BAE Systems. He called for bringing together the supply and demand for defense capabilities and outlined Babcock’s approach to doing business in Ukraine, which includes complying with British and Ukrainian law and focusing on creating economic and social value. Dan mentioned UK export credits to facilitate deals and emphasized the importance of the capacity for success in defense programs. He also praised efforts to fight corruption and noted the recent extension of the UK-Ukraine tariff-free trade agreement as an opportunity for increased cooperation.

Strategic cooperation between Ukraine and Poland

According to Yuriy Mushka, Ambassador-at-large at the Ministry of Foreign Affairs of Ukraine, Poland is a strategic partner of Ukraine and the largest trading partner among the EU countries with a trade turnover of about $13-14 billion, and important logistics routes run through Poland. The current situation with the blockade on the Polish-Ukrainian border is unfortunate in the context of the long and fruitful cooperation between the two countries. At the same time, such a blockade has a negative impact not only on the Ukrainian but also on the Polish economy. According to Mr. Mushka, such cases need to be addressed, in particular through legal means and at the level of Kyiv-Warsaw-Brussels dialogue.

Serhiy Derkach, Deputy Minister for Communities, Territories, and Infrastructure Development of Ukraine, noted that the issue of the blockade of the Polish-Ukrainian border is of particular concern to the President and Prime Minister of Ukraine. In addition, the team of the Ukrainian Ministry is in constant contact with colleagues from the Polish Ministry of Infrastructure. According to Mr. Derkach, they have a consensus on the necessary steps to avoid the resumption of the border blockade by Polish carriers and agree that the agreement on freight liberalization (abolition of road permits for international freight transportation) should be extended.

At the same time, there have been attempts to block the border not only by Poland but also by other neighboring countries, even if the strikers’ demands were exclusively domestic. Therefore, this issue is a key one in the negotiations with the European Commission, and the Ukrainian side insists on recognizing the roads to the checkpoints as critical to prevent their blocking, as this harms both the Ukrainian economy and the economies of the EU countries. Otherwise, there is a risk that the border may be permanently blocked by entrepreneurs from any sector and for any reason.

Tymofiy Murakhovskyy, Director of Commerce and Logistics at JSC “Ukrainian Railways”, said that last year Ukrainian Railways introduced a container train and has already tested its movement between Ukraine and Poland. Such trains can be used as an alternative to road transportation in times of heavy traffic on the roads. Negotiations are currently underway with the Polish side to optimize the cost of such transportation. Ukrainian Railways can send 4 trains per week, with a transit time of two days in both directions. In addition, Ukrainian Railways has opened a branch of Ukrainian Railways Cargo Poland, which has been operating since October 2023. The company is currently running freight trains from Kyiv, Dnipro, and Odesa to the port of Gdansk.

According to Oleksandr Tkachuk, Director of Terminal Network Development at Levada Cargo, blockades and strikes on the Ukrainian-Polish border may continue until Ukraine becomes an EU member. At the same time, the queues of vehicles encourage the development of railroad traffic, in particular, containerized transportation.

Dariusz Szymczycha, Vice President of the Polish-Ukrainian Chamber of Commerce, commented that the Chamber is in favor of restoring unimpeded traffic on the Polish-Ukrainian border. The current blockade has a significant negative impact on business ties between the two countries, although the Ukrainian economy is the one that suffers the most. The Chamber’s position is that it is necessary to restore the free movement of goods, as the Ukrainian economy relies heavily on revenues from agricultural exports, so the ways of solidarity must work.

Mr. Szymczycha expressed hope that the new Polish Government will pay attention to this issue and make concrete efforts to resolve it. This blockade has a political basis, as Polish farmers are protesting against the new Green Deal requirements and demanding subsidies as part of broader actions in the EU. The protests may likely end after certain conditions are met, such as compensation for the cost of grain.

Marcin Nowacki, Vice President of the Union of Entrepreneurs and Employers of Poland (ZPP), noted that the protests of Polish farmers have both a domestic and European focus, in particular because of grain prices and new ambitious climate targets for farmers. Farmers also have reservations about future EU regulations on Ukrainian agricultural exports. According to Mr. Nowacki, a predictable trade policy between Ukraine and Poland is needed, as well as a balanced position of the European Commission on trade with Ukraine. Mr. Nowacki suggested that the carriers’ protests may also resume on March 1, as it does not seem that all the carriers’ demands will be resolved by then.

We would like to thank the speakers and all participants for this event and, of course, our partners Raiffeisen Bank Ukraine and GRAWE Ukraine for their cooperation!

Source – https://eba.com.ua/en/2024-ochikuvannya-prognozy-ta-perestorogy-biznesu/

THE STATE AGENCY FOR RESTORE AND DEVELOPMENT OF INFRASTRUCTURE OF UKRAINE PRESENTED THE RESULTS OF WORK FOR 2023 AND PLANS FOR 2024 TO INTERNATIONAL PARTNERS

The Ukrainian State Agency for Restoration and Development of Infrastructure presented its 2023 achievements and 2024 plans to international partners. The event featured the Head of the Restoration Agency, Mustafa-Masi Nayyem, alongside ambassadors and representatives from foreign embassies, international financial organizations, and global companies. Supported by the USAID/UKaid project “State-Owned Enterprise Reform Activity” (SOERA), the event highlighted Ukraine’s resilience and commitment to rebuilding its infrastructure.

Mustafa Nayyem, presenting the 2023 outcomes, stressed the Agency’s robust and capable nature, adept at implementing projects across housing, energy security, road infrastructure, and ensuring export, military, and humanitarian logistics. 

One of the Agency’s major 2023 initiatives was a three-tiered energy infrastructure protection system: using big bags and gabions to safeguard 103 facilities in 21 regions; drone and rocket defense for 22 substations, with 12 already secured; and a plan to protect additional substations by the end of 2024, contingent on continued funding. Mr Nayyem expressed gratitude to partners from the USA, Germany, the UK, and Japan for their cooperation in these endeavors.

Another significant project undertaken by the Agency is the construction of a main water pipeline to supply 1.5 million people with drinking water, following the destruction of the Kakhovka Hydroelectric Station by Russian forces. This project, which began in June 2023, spans 145 kilometers and involves the oversight of engineering consultants and independent technical supervision, supported by USAID ERA “Economic Support to Ukraine.” A comprehensive technical audit of project documentation will also be conducted with the assistance of USAID ERA, and all reports and audit results, along with estimates, will be made public after the assessment process.

The Restoration Agency places a significant focus on the reconstruction of social facilities. Currently, reconstruction efforts are underway in settlements affected by armed conflicts, including Borodyanka (Kyiv region), Yahidne (Chernihiv region), Trostianets (Sumy region), Tsyrkuny (Kharkiv region), and Posad-Pokrovske (Kherson region). In total, the Agency is reconstructing 352 facilities, including 292 residential buildings, 31 social infrastructure objects, 16 street and road infrastructure facilities, 8 administrative buildings, and 5 housing and communal services objects.

Between 2022 and 2023, the Agency successfully repaired 330 bridges, many of which are crucial for export logistics, transportation of military and humanitarian cargo, and the evacuation of the wounded.

Additionally, a significant aspect of the Agency’s work is the provision of military logistics and the reconstruction of territories that have been de-occupied. In 2023, over 1,200 kilometers of roads were cleared and 89 bridges that had been damaged due to combat actions were reconstructed. Czechia, the United States, France, Sweden, and Norway provided artificial bridges and structures.

Following the onset of full-scale warfare, 70% of exports are transported by road. To enhance export routes, the Agency has already taken control of 23 border-crossing checkpoints on the western and southern borders, with an additional 6 checkpoints in the process of transfer. Repair work has commenced on 11 of these checkpoints.

Nayyem highlighted reforms to reduce procurement abuses, increase transparency, and prevent corruption, including adopting unified civil construction procurement methodologies and CIPS certification. The Agency received the Prozorro Awards for transparent procurement approaches and signed a memorandum with NABU to combat criminal corruption.

The Agency administers nationwide digital systems developed with international support, like DREAM – Digital Restoration Ecosystem for Accountable Management, E-queue – an electronic border crossing system, and GIS RR – a regional development geoinformation system.

Mr Nayyem underscored the need to transform the Agency, including creating a centralized procurement organization (CPO) to increase efficiency, transparency, accountability, and public and international procurement expertise. The CPO will also centralize price monitoring and competitive salaries.

In conclusion, Mr. Nayyem thanked Deputy Prime Minister for Restoration of Ukraine Oleksandr Kubrakov, and international partners for their comprehensive support and looked forward to continued successful collaboration.

Türkiye, Ukraine set up reconstruction task force

Türkiye and Ukraine have signed a document to set up the Turkish-Ukrainian Reconstruction Task Force that will allow Turkish companies to take part in the infrastructure projects in Ukraine.

The deal was inked during the forum on the reconstruction of Ukraine, organized in Istanbul on Jan. 31.

Trade Minister Ömer Bolat, Transport and Infrastructure Minister Abdulkadir Uraloğlu, and Ukrainian Vice Prime Minister for Restoration Oleksandr Kubrakov attended the event.

At the forum, they discussed the role Türkiye will undertake in the reconstruction of Ukraine with the participation of public and private institutions from both countries, Bolat wrote on X.

“We established the ‘Task Force’ to evaluate projects in Ukraine and mutually address financing conditions and other processes on this platform. We believe that this agreement will contribute to further strengthening the strategic relations between Türkiye and Ukraine,” he said.

Turkish officials will travel to Ukraine together with Turkish contractors in the coming months, and the first meeting of the task force will take place in Ukraine, Bolat noted.

Ukraine and Türkiye started a new path of cooperation by signing terms of reference for the Reconstruction Task Force, Kubrakov said.

“Together with Bolat, we established a platform for determining cooperation areas and the infrastructure projects for the recovery of Ukraine for sharing experiences and realization projects of infrastructure reconstruction.”

It is mainly related to projects for the restoration and development of water transport infrastructure and the reconstruction of roads, the building of temporary bridges and overpasses to secure transportation on the key routes, Kubrakov said.

Bolat also said that the Türkiye-Ukraine Free Trade Agreement will enter into force after the official approval procedures are completed in the coming months.

Source: https://www.hurriyetdailynews.com/turkiye-ukraine-set-up-reconstruction-task-force-190281

До України приїхав голова МЗС Данії, анонсував мільйонну підтримку для боротьби з корупцією

До України з візитом прибув голова Міністерства закордонних справ Данії Ларс Люкке Расмуссен. Анонсував фінансову підтримку для боротьби з корупцією в країні.

Про це повідомляє РБК-Україна з посиланням на пресслужбу Міністерства закордонних справ Данії.

Як нагадує МЗС, Данія з 2016 року очолює антикорупційну програму ЄС в Україні (EUACI). Під час сьогоднішнього візиту Расмуссен оголосив про підтримку третього етапу програми.

“Ще до незаконного вторгнення Росії Україна досягла значного прогресу в боротьбі з корупцією, і навіть під час війни в країні вдалося продовжити позитивний розвиток. Але є ще сфери для вдосконалення, і для мрій України про ЄС дуже важливо, щоб ми допомогли їй досягти своїх цілей”, – заявив міністр.

Зазначається, що Європейський союз виділяє більше 70 мільйонів данських крон (10,21 млн доларів) на наступний етап програми, а Данія, зі свого боку, трохи менше 60 млн (8,75 млн доларів).

“Серед іншого, програма зосереджена на сприянні прозорості та доброчесності у відновленні Миколаєва через тісну співпрацю з міським головою та його командою”, – пише пресслужба.

Зокрема планується розробити найкращі практики щодо реконструкції Миколаєва, які, в майбутньому, можуть бути використані й в інших містах України.

Зустріч з Кулебою й відкриття офісу посольства

Про програму Расмуссен проінформував українського колегу Дмитра Кулебу. Міністри зустрілись в Миколаєві, щоб офіційно відкрити новий офіс посольства Данії.

Зокрема вони обговорили, як Данія та Україна можуть надалі розвивати співпрацю щодо Миколаєва і як Копенгаген може продовжувати підтримувати Київ у боротьбі з російською агресією.

“Україна все ще бореться за свободу і безпеку всієї Європи. Ми повинні підтримати її в цьому, саме тому ми є однією з країн, які надають найбільшу підтримку Україні порівняно з нашими розмірами. Ми несемо особливу відповідальність за відбудову Миколаєва, і з відкриттям посольського офісу в місті ми можемо зробити зусилля з відбудови більш ефективними”, – заявив голова МЗС Данії.

Допомога Данії для України

Копенгаген уже надав українській стороні після широкомасштабного вторгнення Росії оборонну допомогу на суму близько 2,8 мільярда євро. Зокрема передав також гуманітарну допомогу на 378 мільйонів євро.

Нещодавно уряд Данії вирішив надати Україні новий пакет підтримки на загальну суму 1 мільярд євро, а також 13,3 млн доларів на проєкти з підтримки розвитку кібербезпеки.

Джерело – https://www.rbc.ua/rus/news/volini-viyavili-pidpilniy-tseh-obrobki-burshtinu-1706275550.html

Danish MFA’s head visits Ukraine, announces million-dollar support for anti-corruption efforts

The head of the Ministry of Foreign Affairs of Denmark, Lars Løkke Rasmussen, has arrived in Ukraine on a visit. He announced financial support for the fight against corruption in the country, according to the press service of the Ministry of Foreign Affairs of Denmark.

The Ministry of Foreign Affairs reminds that Denmark has been leading the EU Anti-Corruption Initiative (EUACI) in Ukraine since 2016. During today’s visit, Rasmussen announced support for the third stage of the program.

“Even before the illegal invasion by Russia, Ukraine achieved significant progress in combating corruption, and even during the war in the country, positive development was successfully continued. However, there are still areas for improvement, and for Ukraine’s aspirations towards the EU, it is crucial that we help them achieve their goals,” the minister stated.

It is noted that the European Union allocates more than 70 million Danish crowns (10.21 million dollars) for the next stage of the program, and Denmark, in turn, contributes slightly less – 60 million crowns (8.75 million dollars).

“Among other things, the program focuses on promoting transparency and integrity in the reconstruction of Mykolaiv through close cooperation with the mayor and his team,” the press service writes.

In particular, the plan is to develop best practices for the reconstruction of Mykolaiv, which can be used in the future in other cities in Ukraine.

Meeting with Kuleba and embassy office opening

Rasmussen informed his Ukrainian counterpart, Dmytro Kuleba, about the program. The ministers met in Mykolaiv to officially open the new embassy office of Denmark.

They discussed how Denmark and Ukraine can further develop cooperation regarding Mykolaiv and how Copenhagen can continue to support Kyiv in the fight against Russian aggression.

“Ukraine is still fighting for the freedom and security of all of Europe. We must support it in this, which is why we are one of the countries providing the most support to Ukraine given our size. We bear a special responsibility for the reconstruction of Mykolaiv, and with the opening of the embassy office in the city, we can make reconstruction efforts more effective,” said the head of the Danish Ministry of Foreign Affairs.

Denmark’s assistance to Ukraine

Copenhagen has already provided Ukraine with defense assistance of around 2.8 billion euros after Russia’s large-scale invasion. It also delivered humanitarian aid worth 378 million euros.

Recently, the Danish government decided to provide Ukraine with a new support package totaling 1 billion euros and an additional 13.3 million dollars for cybersecurity development projects.

Source – https://newsukraine.rbc.ua/news/ukraine-seeks-to-get-china-on-its-side-xi-1706279107.html

Insurance of investments in Ukraine against war and political risks 

By the results of the meeting of the Committee of the European Business Association on the restoration of Ukraine with the deputy head of the ECA (Export Credit Agency of Ukraine) Oksana Ocheretyana (January 25, 2023). 

From January 1, 2024, the Law of Ukraine No. 3497-IX (22.11.2023) (On Amendments to the Law of Ukraine “On Financial Mechanisms for Stimulating Export Activity” regarding the insurance of investments in Ukraine against war risks) entered into force, hereinafter referred to as the Law. 

The ultimate goal of the Law is to regulate insurance and reinsurance by the Export Credit Agency of Ukraine (ECA):  

  1. export loans, as well as insurance and reinsurance against war and/or political risks of loans of Ukrainian companies related to investments in facilities and infrastructure for processing industry and the export of goods (works, services) of Ukrainian origin. 
  1. direct investments from/to Ukraine against war and/or political risks.  

The deputy head of EKA, Ms. Oksana Ocheretyana, provided an approximate list that can be approved by the Cabinet of Ministers of Ukraine. For example, war risks: occupation, hostilities, annexation, bombing, etc. Political risks: expropriation, nationalization, forced alienation, moratoriums, bans, etc.  

There is hope that the Law can really start working in 5-6 months (June-July 2024). Firstly, the Cabinet of Ministers of Ukraine has to determine the list of war and political risks, as well as the conditions and procedure for insurance (reinsurance) of such risks (agreed by the National Bank of Ukraine) until the end of March 2024. And then the Ministry of Economy, ECA and other ministries must bring their regulatory acts into compliance with the Law (we hope that it will take no more than 2-3 months).   

One of the problematic issues that must be resolved by state bodies is that ECA is limited in providing insurance guarantees with its own capital, which currently is about UAH 2 billion and from which insurance guarantees for about UAH 700 million have already been provided. The Ministry of Economy should solve this issue either by recapitalization, or by selling shares (up to 49%), or raising capital in another way.  

Interlegal Law firm will carefully monitor and inform our clients about further steps taken by the state in the implementation of this Law, very important both from the point of view of attracting investments and from the positions of strengthening Ukraine’s export opportunities.  

If you have questions for both our lawyers and/or the management of the Export Credit Agency of Ukraine (ECA), please, do not hesitate to contact us.

Denys Stadnichenko, business development manager at Interlegal

INDUSTRIAL PARKS IN UKRAINE. RESULTS OF 2023. “BOOM” OF REGISTRATIONS… WHY?

  1. FIRST INSURANCE AGAINST WAR RISKS FOR PRIVATE INVESTORS IN UKRAINE

In 2023 (September) the World Bank’s MIGA (International Investment Guarantee Agency of the World Bank) provided the first investment guarantee for private investors of Ukraine against war risks. Insurance in the amount of up to $9.1 million was provided for the M10 Industrial Park project in Lviv. The guarantee is provided for financing the construction and operation of the warehouse complex and related infrastructure in the M10 industrial park. The insurance covers military risks for 10 years.

The MIGA guarantee gives an important signal to international investors regarding the activation of war risk insurance in Ukraine. “Many Ukrainian and foreign companies will be able to apply and receive new guarantees” commented Economy Minister Yulia Svyridenko.

So, the first insurance for private sector and for an Industrial Park. Why?

2. INDUSTRIAL PARK IN UKRAINE. WHAT IS IT? INCENTIVES

Industrial Park (IP) in Ukraine is the registered in the State IP Register special industrial zone (from 10 till 1000 hectares) with state and local authorities’ incentives, provided by the law, such as:

  • Exemption from import VAT and customs duties when importing new equipment into Ukraine;
  • Exemption from income tax for 10 years in case of activity within the IP;
  • Exemption from property tax and minimum land charges from local authorities;
  • Compensation for connecting to engineering facilities;
  • Compensation of interests for the loans, obtained for arranging the IP*

*Some of the aforementioned incentives have their implementing peculiarities, which must be discussed in each certain case and are not the subject of the present Article.

Economists have calculated that due to these incentives, if you build the plant in Ukraine, about 25% of the investment can be saved on the construction on the territory of the industrial park. That is, a quarter of the investment compared to building the plant in Ukraine on a normal land plot not in an industrial park. Not to mention the neighbouring EU countries, where the amount of investment will be 30-40% higher due to the cost of works and materials.

Besides the economic incentives, the IP can serve for:

  1. Investment subsidies. Investors in IP might be eligible for various investment subsidies or grants to support their capital expenditure.
  2. Transportation Infrastructure. Improved transportation infrastructure, including roads and logistics, may be a focus to enhance connectivity.
  3. Educational and Research Collaboration. R&D Collaborations. IPs may be encouraged to collaborate with educational and research institutions, fostering innovation and technology transfer.
  4. Customized Support Programs. Industry-Specific Support. Some IPs may receive additional support tailored to the specific industries they host.

It is obvious that the location of production in industrial parks near the borders with the European Union countries will give advantages both to the owners and at the state level – export-oriented enterprises will appear competitive in our country.

Shared infrastructure and industrial networking are what help businesses grow if they are located in an industrial park.

3.“BOOM” OF SETTING UP INDUSTRIAL PARKS IN UKRAINE?

Yes, comparing to the other years the answer is affirmative.  And this trend has been continuing. Formally, the main thing is how many plants will be eventually constructed and what amount of investment is involved. Nevertheless, there is a belief that in the future, a critical number of industrial parks will lead to increased competition between communities for investments. The most progressive community leaders are already returning from abroad with prior agreements with investors who have experience in developing private equity in their countries.

Here are just several examples of recent developments on Industrial parks:

  • The Mykolaiv City Council has begun developing the concept of a new industrial park. On a plot of 190 hectares between the Kherson and Bashtan highways, it is planned to attract investments in a dry port and a logistics center, production in the field of shipbuilding, electronics and light industry, premises for the processing and storage of fruits and vegetables, a customs terminal and a waste processing plant. It is planned to place solar panels with a total capacity of 100 megawatts on the roofs of all premises.
  • Bucha Mayor’s Office of the Kyiv region announced plans to create the Bucha Techno Garden industrial park together with the Korean state company K-water. This company has experience in building industrial parks in South Korea.
  • The Nedoboiv community of Chernivtsi region has started developing the concept of an industrial park. It is planned to create 500 jobs. The industrial park will be built on the territory of the former sugar factory in the village of Zarozhany on the territory of 25 hectares. Processing industry and the creation of a digital town for the IT sector were chosen as the main direction.
  • The Municipality of Brovary allocated a plot of land with an area of 15.4 hectares for a new industrial park. The profile commission of the city council approved the technical documentation on land management.
  • Mayor of Lviv Andriy Sadovy announced his intention to build a powerful industrial park in the city for South Korean investments in industrial production.
  • In the Lviv region, Novorozdilskyi Industrial Park announced that the Center for Investment and Industrial Development consortium had acquired the status of a management company. The park is located on a plot of 46.4 hectares on the border with Poland. 200 m from the border there are 2 transformer substations of 20 and 6.3 MW.
  • Construction of the road to the future industrial park has started in Khmelnytskyi.
  • Work has begun on the preparation of the site for the industrial park “Vugletsevo neutral eco-agro-hub “Podillia-Horodok”. In the industrial park, it is planned to create a plant for the production of unrefined and purified medical alcohol from corn, a plant for the production of oils, as well as a waste processing plant.
  • Building materials group Kingspan says it is moving ahead with plans to build a new €280 million manufacturing facility in Ukraine. It is the biggest manufacturing investment yet promised to Ukraine.

    4. THINK OF SETTING UP AN INDUSTRIAL PARK IN UKRAINE?

The period of time, required for the preparatory works (from the idea and via feasibility study, searching of the location and proper land plot, negotiations with state and local authorities, financial and insurance institutions, etc. to the working out of IP concept and registration of IP) can take from 6 months to 1,5 years. So, in case of having interest to IP, the certain actions have to be started beforehand and taking into consideration increasing competition, in the nearest future. As far as a lot of procedures and incentives depend on local authorities, they could hardly bear a lot of supportive investment obligations to many Industrial parks within their territories. 

Having our wide and deep experience in legal support to different businesses in Ukraine, cooperation with international and local institutions assisting foreign investors in Ukraine, network of partners in different places in Ukraine and our reliable reputation; the Law Firm “Interlegal” is always ready to help you with your fair business in Ukraine and, in particular, to give you all the required legal assistance in preparatory works and final registration of your Industrial Park in Ukraine.

Stadnichenko Denys

Business Development Manager at Interlegal Law Firm     

References:

https://me.gov.ua/News/Detail?lang=uk-UA&id=f135e7b2-f070-4b6f-9418-5b9dd0945ad7&title=MigaInvestitsii

https://dailylviv.com/news/ekonomika/koreitsi-zbuduyut-u-lvovi-potuzhnyi-industrialnyi-park-dlya-svoho-biznesu-sadovyi-117655

515 vessels have already passed the Ukrainian Black Sea Corridor

16.5 million tons of cargo have been delivered to global markets

CTS notes, 515 vessels have already left Ukrainian sea ports from the commencement of Black Sea Corridor functioning, as reported by Bridget A. Brink, the US Ambassador to Ukraine.

16.5 million tons of cargo have been exported to global markets.

Mrs. Brink notes, “As of January 17, 2024, 515 vessels have passed Black Sea Humanitarian Corridor and have delivered 16.5 million tons of grain and other cargos to global markets. This is the great achievement – to help business and employees and to give a chance for growth of the Ukrainian economy, despite terrible war outbroken by the Russian federation”.

Starting from August and till the end of December 2023, nearly 13 million tons of products have been exported to 24 countries through the Ukrainian temporary sea corridor.

Dmytro Ochkolias, associate attorney, advocate at Interlegal:

In view of intensive hostilities and obstacles caused by martial law, the most vital issue concerns renewal and functioning of the Ukrainian infrastructure. In accordance with national and international law, the state is entitled to take measures aimed to defend its interests and to secure national infrastructure safety. Therefore, the Black Sea Humanitarian Corridors is a crucial step aimed to facilitate safe and effective vessel traffic and cargo delivery through the Black Sea.

However, the state of war may also cause serious risks for investments and business activities. In this context, the current and adopted governmental guarantees regarding loss of investments may serve as an important tool aimed to encourage investors under indefinite conditions and war risks.

As of a certain legal support for port and adjacent infrastructure projects, that is quite a reasonable solution to apply to Interlegal law firm. Interlegal has vast experience in shipping & maritime law, being competent in settlement of issues related to port infrastructure functioning.In general, risk management, adoption of governmental guarantees and legal advice – that’s what may help business entities and investors to get adapted to complicated conditions of martial law and to keep economy stable.

Source – https://cfts.org.ua/news/2024/01/18/cherez_ukranskiy_koridor_u_chornomu_mori_proyshli_vzhe_515_suden_77878