The Government Approves the Procedure for Using Funds to Support Investment Projects with Significant Investments

The Procedure for Using Funds from the State Budget to provide State Support for the Implementation of Investment Projects involving Significant Investments was adopted at the session of the Cabinet of Ministers of Ukraine on 26 April 2024.

Conditions for receiving State Support

The total amount of state support can be up to 30% of the investment. Such support is available to investors planning to implement a project in Ukraine with an investment volume of at least EUR 12 million and a duration of up to 5 years in the following sectors: processing industry, extraction for further processing and/or enrichment of minerals, transport and logistics, education, scientific activities, healthcare, waste management, arts, culture, tourism, sports, and electronic communications.

Investors may receive several types of state support, subject to the above requirements, including:

  • Preemptive rights to use state-owned or municipally owned land plots;
  • Compensation for the costs of constructing engineering and transport infrastructure facilities, as well as costs associated with connecting to engineering and transport networks;
  • Tax benefits;
  • Duty-free importation of necessary equipment;
  • Exemptions from compensation for forestry production losses.

Projects must involve the development, renovation, technical or technological upgrading of the relevant investment objects, as well as the creation of new jobs. The investor must ensure the creation of at least:

  • 10 new jobs with salaries at least 50% higher than the average salary in the region for the same type of activity;
  • Or 30 new jobs with salaries at least 30% higher than the average salary in the region for the same type of activity;
  • Or 50 new jobs with salaries at least 15% higher than the average salary in the region for the same type of activity.

The state budget has earmarked UAH 3 billion this year to support such investment projects.

Control over Investors’ Activities

The government will monitor investors’ compliance with the terms of the agreement. If the Ministry of Economy finds that the amount of funds invested is less than EUR 12 million, the investor must return the entire amount of state support received to a special account of the Ministry within one month.

If state financial control authorities establish that an investor has illegally received compensation or partial compensation, the investor must also return the entire amount of compensation received within one month.

Source: https://www.integrites.com/publications/procedure-for-using-funds-to-support-significant-investments/

The REPO Act: How Will Russia Respond?

On April 24, President Biden signed the Rebuilding Economic Prosperity and Opportunity for Ukrainians (REPO) Act, which allows the President to seize Russian sovereign assets in the United States and use them for Ukrainian reconstruction. Not surprisingly, the Russian government reacted immediately, promising to challenge REPO in court and threatening to retaliate against US assets in Russia. How realistic are these threats?

With respect to legal challenges in the U.S., the REPO Act provides that “any action that is taken under this section shall not be subject to judicial review.” Although the Act makes an exception for Constitutional challenges, it is not clear on what rights foreign governments have under the Constitution. For example, in the case of Republic of Argentina v. Weltover, 504 U.S. 607, 619 (1992), the Supreme Court “assum[ed] without deciding” that a foreign state is a “person” for purposes of the Due Process Clause, but simultaneously cited a Supreme Court decision holding that states of the United States are not “persons” for purposes of the Due Process clause. Moreover, even if the Russian government does have due process rights, as legal scholar Ingrid Brunk has explained, it is not clear that those due process rights are as extensive as the due process rights afforded to individuals before having their property confiscated. As Brunk points out, based on existing precedent, Russia’s property interests might be more similar to social security benefits, the deprivation of which does not require a prior judicial hearing.[1] In short, any legal challenge that the Russian government brings in U.S. court will likely get very complicated very quickly.

The prospects for retaliation under Russian law are also not clear. There are no U.S. sovereign assets in Russia, so an exact symmetrical response is not possible. But there are private U.S. assets in Russia. Even without the REPO Act, the Russian government has used new legislation to nationalize several foreign companies. Therefore, it is not surprising that it has threatened that private U.S. assets in Russia may be the first targets of retaliation. But there is some ambiguity in the official position, presumably the result of a desire to avoid scaring off what little Western investment remains. As former President and current Deputy Head of the Security Council Dmitry Medvedev wrote on his Telegram channel, “this is a complicated story…foreigners came to invest in the Russian economy. And we guaranteed the immunity of their private property rights. But then something unexpected happened – their government declared a hybrid war on us, which includes both legal and judicial aspects.”

In addition to the economic concern, there is also a (nominal) legal obstacle. Article 1194 of the Russian Civil Code currently allows the Russian government to impose “responsive restrictions” on the property of individuals and legal entities from countries that have imposed similar restrictions on Russian property. However, Article 1194 does not allow for complete confiscation. While the Russian government is frequently unconstrained by its own laws, Article 1194 is still worth watching because what the Russian government does with it may provide an indication of its future intentions. For example, Medvedev has proposed expanding Article 1194 to allow for confiscation of assets of “foreign legal subjects” from “unfriendly countries” a long list which, of course, includes the United States. As Medvedev wrote on Telegram, “America and Americans should pay for their criminal decisions.”  Therefore, U.S. and other foreign companies with assets in Russia would be well advised to track Russian legislation for proposals and amendments which would allow for complete confiscation. 

Presentation:https://www.squirepattonboggs.com/-/media/files/insights/events/2024/05/the-repo-act-political-and-legal-impacts-for-international-businesses/the-repo-act-political-and-legal-impacts-for-international-businesses.pdf?utm_source=spb-mkt-email&utm_medium=email

Webinar Recording: https://players.brightcove.net/5807743129001/default_default/index.html?videoId=6352525866112

Source: https://www.briberymatters.com/post/the-repo-act-how-will-russia-respond?utm_source=spb-mkt-email&utm_medium=email

How to restore Ukraine: a vital draft law on fundamentals of the recovery of Ukraine

Draft law “On the basic principles of the recovery of Ukraine” has been presented. It is a broad legislative framework that will govern all aspects of reconstruction and recovery. It enshrines 14 key points of the state reconstruction policy and outlines the executors at each level, objects and forms of restoration are clearly recorded, as well as the project financing sources and the system of accountability and control based on the principle of everyone sees everything.

Olena Shulyak, head of the Servant of the People party, chairwoman of the Supreme Council Committee on State Power Organization, Local Self-Government, Regional Development and Urban Planning, reports that such draft law is an important part of fulfilling the terms of the Ukraine Facility plan, whereunder Ukraine will receive aid in the amount of 50 billion euros from the EU. It sets out mandatory compliance with the principles of a green, inclusive and digital economy, the use of better solutions and the approach to build better than it was before.

She notes, 14 key points are fixed as the main principles of the state recovery policy: people-centeredness, legality, the principles of the New European Bauhaus (NEB), the approach to build better than it was before, integration, decentralization and subsidiarity, cooperation and coordination, planning and prioritization of recovery, financial stability , integrity, responsibility, the principle of everyone sees everything, digitalization, non-discrimination and equal rights and opportunities both for women and men.

Mrs. Shulyak emphasizes, “The purpose of the legislative framework is to secure effective, transparent and accountable recovery of Ukraine, reducing damages caused by armed aggression of the Russian Federation, sustainable growth of the economy, as well as facilitating security, social and financial and economic conditions for the citizens of Ukraine. Launching this legislative instrument will allow us to overcome the consequences of the war and create conditions for socio-economic growth, improve the life of the population and business”.

Draft law clearly fixes objects and forms of recovery. Objects include damaged, destroyed and lost property, as well as other movable and immovable property, the restoration whereof will contribute to facilitating conditions for improving life of the population and the activities of business entities. Forms of restoration provide object-by-object and comprehensive restoration of destroyed/significantly damaged settlements. A special form of recovery shall be reimbursement for damaged and destroyed real estate objects. The parliamentarian adds,

State policy on recovery will be carried out by the Cabinet of Ministers of Ukraine, the Ministry of Recovery, the Agency for Recovery (the Council of Integrity), special regional centers (Ministry of Education, Ministry of Health, Ministry of Education, Ministry of Culture and Information Policy etc.), local state authorities and local self-government bodies.

“We also provided creating the Integrity Council at the Recovery Agency aimed to secure transparency and public control. Council will be formed on the grounds of open and transparent competition consisting of 15 people”.

A crucial aspect of the draft law shall be mandatory use of the DREAM digital reconstruction system for objects that are restored with the funds of the state budget or by order of the state, local self-government, state enterprises and communal property. Shulyak notes that it will secure automation of project management processes and will allow you to see every step of their implementation.

It will be a mandatory term to enter information about the objects, the customers of the current repair or construction whereof are state bodies, local government/municipal enterprises, institutions or organizations, subjects owning over 50% decisive share in the authorized capital of the state. In addition, information to be entered into the system shall concern objects financed from budget funds, as well as purchase of goods and services to be financed from the state budget.

The parliamentarian emphasizes, “The DREAM system plays a huge role in the reconstruction process. Its use is not only effective recovery planning. This is a unified approach to restoration project management, constant monitoring, an opportunity for prioritization in view of the needs of communities. The most important aspect is to secure transparency and availability of all information concerning the recovery process. In addition, the draft law also prescribed a transparent mechanism for selecting urban settlements for priority restoration at the expense of the state budget. In such cases, the decision will be made by the Cabinet of Ministers of Ukraine at the request of the Ministry of Reconstruction. It will be initiated either by the village/settlement/city council or by the military/military-civilian administration of the village, settlement or city”.

Funding sources will be funds from the state and local budgets, in particular, the State Fund for Regional Development, the Fund for Restoration of Property and Destroyed Infrastructure, and the Fund for Elimination of the Consequences of Armed Aggression.

In addition, the draft law provides using funds from international financial organizations and investors, international technical and returnable or non-returnable financial assistance, as well as reparations from the Russian Federation and other sources not prohibited by the legislation of Ukraine.

Finally, Mrs. Shulyak adds, “The draft law prescribes clear requirements for creating high-quality project documentation for construction in the framework of reconstruction process and its examination. All these processes should be exclusively digitized and should be entered and passed through the Unified State Electronic System in Construction. Speaking about restoration of Ukraine, it is not just about rebuilding all that was destroyed. The recovery of Ukraine is a much broader context. It will include facilitating conditions for comprehensive development and positive changes. Therefore, this law will become a kind of Constitution for restoration, with regards to the best global practices, aimed to create digital mechanisms mitigating corruption risks, as well as  to provide restoration based on the approach to build better than it was before”.

Source: https://sluga-narodu.com/yak-vidbuvatymetsia-vidbudova-ukrainy-v-ukraini-prezentuvaly-kliuchovyy-zakonoproiekt-pro-osnovni-zasady-vidnovlennia/

Council for Cooperation with Ukraine is founded in Poland: what are its tasks?

Prime Minister of Poland Donald Tusk signed an Order on foundation of the Council for Cooperation with Ukraine. It will be a public authority engaged in strengthening bilateral relations and promoting restoration of Ukraine.

Pavel Koval, the Polish Government Commissioner for the Restoration of Ukraine, reported thereon within interview with the Polish Press Agency.

Koval noted, he will become head of the newly created Council for Cooperation with Ukraine. The Council will be a public authority, while its members will include representatives of the government, local authorities, business and science.

Working groups will function in the framework of the Council. Cooperation with Polish analytical centers has already been launched, while regional representative offices have also been incorporated. He added that structure and functions of the body will be determined in more detail in future.

Koval explained, the idea is to create an institute “which will apply a comprehensive approach to Polish-Ukrainian relations”.

The Polish Government Commissioner highlighted, “We assume that they are unique, not only because of historical issues, but also because of Poland’s participation in helping Ukraine and Poland’s role in the process of its recovery”.

In addition, Khvylia previously reported that the Coalition of Armored Vehicles in Support of Ukraine has launched work in Warsaw.

Source: https://hvylya.net/uk/news/290973-v-polshe-sozdali-sovet-po-voprosam-sotrudnichestva-s-ukrainoy-chem-budet-zanimatsya

Germany has approved the Plan for restoration of Ukraine

15 clauses for Ukraine. The German government agreed on a plan for restoration of our country. What do the Germans offer and where do they plan to get money for reconstruction? Reported by Tetiana Logunova.

At least 486 billion USD. According to the World Bank latest estimates, that will be the cost of post-war reconstruction of Ukraine. Partner States will not be able to allocate so much funds from their budgets. Therefore, they are already starting to look for other ways of funding for restoration of our country.

Germany already has a plan. Official Berlin, which is one of the largest donors to Ukraine, approved a program of taking measures aimed at restoration of Ukraine. It was approved this week at the special meeting of the Government led by Chancellor Olaf Scholz.

The approved document was developed by the Ministry of Economic Cooperation and Development. It consists of 15 clauses which prescribe in detail the need to involve all potential sources of funding in restoration of Ukraine, namely: private investments, funds of philanthropists and charitable foundations.

Svenja Schulze, Minister of Economic Cooperation and Development of Germany:

State funds will not be enough. We need private investors. That is why we have agreed on 15 clauses by which we are planning to attract them. One of them is support of German companies that are already operating in Ukraine.

There are nearly two thousand such companies. But there may be much more. Even now, when the war is going on.

Svenja Schulze, Minister of Economic Cooperation and Development of Germany:

Ukraine is eager to join Europe and the EU single market, so it makes sense to invest right now, at least in those regions where it is possible. We are concerned in more private capital coming in. This is extremely important both for Ukraine and for us. After all, we want Ukraine to get back on its feet after the war.

There are plans to create a special financial structure in Ukraine. It will work on the model of the Credit Institution for Reconstruction, which appeared in Germany after the World War II and served as prerequisites for the German economic miracle. This fund will provide investment loans at preferential rates, first of all, for support of small and medium businesses.

Svenja Schulze, Minister of Economic Cooperation and Development of Germany:

Support of small and medium businesses is extremely important for Ukraine. These enterprises are the backbone of economy, and now it is very difficult for them to get loans. Germany, for example, already supports agricultural companies so that they could clear the fields and work on them, as well as could build warehouses for harvest storage. These are very important investments that we want to expand.

Furthermore, Germany and Ukraine are preparing to hold a major international recovery conference. A two-day forum will take place in Berlin in June 2024.

Source: https://podrobnosti.ua/2479122-nmechchina-shvalila-plan-vdbudovi-ukrani.html

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 MykhalkoExecutive 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 FialkovskyiCEO 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 MushkaAmbassador-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 DerkachDeputy 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 MurakhovskyyDirector 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 TkachukDirector 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 SzymczychaVice 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 NowackiVice 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