UKRAINE: EUROPEAN EMERGING TIGER

DOING BUSINESS IN UKRAINE

Edition 1

WHY UKRAINE

BACKGROUND

INTRODUCTION

GOVERNMENT STRUCTURE

MACROECONOMIC SITUATION

FINANCIAL AND BANKING SYSTEM

CURRENCY OPERATIONS AND CURRENCY CONTROL

INVESTMENT CLIMATE

TAX SYSTEM

POSESSION OF LAND IN UKRAINE

BUSINESS CLIMATE


Edition 2


Business climate

Visa control
Entrance of foreign citizens to Ukraine is possible with entrance visa (except for citizens from majority of CIS and some of East-European countries).

Citizens of EU countries, Swiss Confederation, Turkey, Canada, the USA and Japan may apply for visa without a written invitation letter. Personal presence in the Embassy while applying for Ukrainian visa is not obligatory.

Visa requirements
Generally, visas can be obtained in consular departments of the Ukrainian Embassies located in the country of residence of foreign person. In order to issue a visa Ukraine's Embassy or Consulate abroad may sometimes require a letter of invitation for an individual and a copy of an employer's registration certificate. Visas must be obtained prior arrival to Ukraine. There are following types of visas:
· Tourist visas, which are issued to foreign citizens who come to Ukraine aiming recreation.
· Business visas are issued to foreign citizens who enter Ukraine for business purposes. The entry visa is usually issued for a term from 6 to 12 months and entitles the holder to cross Ukrainian border without limitations during the term of visa's validity. A copy of the certificate of registration of the inviting company may also be required. An employee should obtain a work permit prior to visa's issue, although in practice it is not a necessity.
· Private visas are issued on the basis of invitation letter of from a Ukrainian citizen.
· Government visas are issued to foreign citizens serving for a foreign government in Ukraine.

Presently, business visas can be extended in the Kiev City OVIR (the department for visas and registrations). In order to extend a visa in the Kiev City OVIR the following documents need to be submitted:

1

A filled in visa application form;

2

Two photographs;

3

A copy of applicant's passport;

4

A copy of previous visas;

5

A copy of registration certificate of the sponsoring company;

6

A copy of the company's registration certificate directly with the OVIR in Kiev;

7

Work permit issued by the State Employment Centre.


Obtaining a work permit

Under Ukrainian law, all foreign citizens should obtain work permits if they intend to work in Ukraine with the exemptions to foreign employees of representative offices of foreign entities in Ukraine (implied that such employees are properly registered with the Ministry of Economy and European Integration). Work permits are issued by the State Employment Centre under Ministry of Labor.

Work permits are normally issued for a period of one year. The term of the work permit may subsequently be extended. It should be noted that severe measures are envisaged for those who work without proper permits. A foreign citizen employed without a proper work permit can be immediately deported at the cost of his or her employer.

Registration of foreign citizens

All foreign citizens who enter Ukraine are registered at the moment they cross Ukrainian border by the officers of the State Committee of Frontier Service of Ukraine. The registration is valid for six months. In order to extend this registration, a foreign citizen should apply for extension to a local OVIR not later than three days before the initial registration will expire. Applicant's passport must be registered in case of visa extension or renewal. Foreign citizens temporarily staying in Ukraine should obtain medical insurance provided by a Ukrainian medical insurance company.

Resume on Work permits:
· Ukrainian employers must obtain work permits for foreign citizens, who are either employed directly or recruited in Ukraine by foreign companies.
· The personnel of representative offices of foreign companies in Ukraine who are employed abroad as well as foreign citizens registered as private entrepreneurs under Ukrainian legislation are not required to obtain work permits for their work in Ukraine.
· A work permit may be issued for up to one year with subsequent renewal. The overall time of employment in Ukraine is not limited.
· The labor authorities must consider an application for a work permit within 30 days after submission. The foreign citizen is not allowed to start working in Ukraine until the work permit is issued.
· Incompliance with the work permit requirements is a subject to penalties, as well as potential deportation of the foreign citizen from Ukraine at the cost of the employer.

Payments and cash
The Hryvna (international abbreviation for Hryvna - UAH) is the official currency of Ukraine. All shops and establishments accept cash payments in Hryvna. Many stores now accept internationally recognized credit cards. A large number of currency exchange offices are evenly located along the streets.

Cash in US Dollars can be withdrawn in several Ukrainian banks which accept Visa and MasterCard. Hryvnas may be withdrawn from ATMs which are placed both in shops and streets.

Hotels

Hotel class

Numbers

Description

5*

1

Premier Palace:
Address: 5-7/29, Pushkinska St., Kiev, 01004, Ukraine
Tel.: +380 44 537 45 00
Fax: +380 44 279 87 72
Booking: +380 44 537 45 01, 244 12 11, 244 12 92
E-mail.: info@premier-palace.com

4*

5

Radisson SAS (corresponded with international standards)
Address: 22, Yaroslavov Val, Kiev, 01034, Ukraine
Tel.: +380 44 492 22 00
Fax: +380 44 492 22 10 E-mail: reservations.kiev@radissonsas.com
Web: www.kiev.radissonsas.com
Other hotels: Dnepr, National (ukr. Natsionalny), Perlyna Dnipra, President (ukr. Prezidentsky)

3*

16

Not all hotels corresponded with international standards

2*

24

Not all hotels corresponded with international standards


Employment issues

Conditions of employment in Ukraine are governed by the Labor Code. The main requirements under Ukraine's employment legislation are as follows:
- Ukrainian labor legislation requires employers to follow statutory requirements concerning working time, overtime and time-off from work. In Ukraine, working time is limited to 40 hours per week;
- The amount of monthly wage shall meet the minimum threshold established by the acting legislation. Wages and all other payments due to employees shall be made in UAH only;
- Employees may terminate at any time the employment relationship within the notice period of at least two weeks. The statutory termination notice is two months.
- Average retirement age is 55 years for women and 60 years for men. All enterprises must ensure employment of handicapped persons according to quotas specified in the law. The quota for enterprise employing 8 or more individuals equals to 4% of the total number of employees but no less than 1 working place. Refusal to employ handicapped workers within the quota can cause a fine amounting to the enterprise's annual average salary per each working place destined for handicapped worker and not occupied by him/her.

Mobile operators

There are 4 main mobile operators in the Ukrainian market. The most large-scaled of them are UMC and Kievstar.

Kievstar
http://www.kyivstar.net/en/

UMC
http://www.umc.ua/eng/

number of the customers

16,565 mln

14,6 million

international GPRS-roaming

87 countries and 147 networks of the foreign operators

more than 150 countries

tariffs

4 business tariffs

12 business tariffs

Average connection fee

Basic conditions of operators are relatively similar:
Start-up pre-paid package: from USD10.00;
Start-up contract package: from USD30.00;
Average minute cost: starting with USD0.03 Average minute cost for long-distance calls with roaming: USD 1.00 - 3.50 depending on region


Real estate
In 2006 prices on real estate in Kiev have increased dramatically. At the same time prices have been raising steady for quite a long period of time. This process has been observed almost in all sectors of the market, for all types of residential premises, in all living areas of Kiev.

Average rental prices for business offices in Kiev (USD per sq.m. a month):

Location

Rental price

Middle-city

15-25

City Center

25-50


Prices for housing real estate in different parts of Kiev (USD per sq.m.):

Location

Rental price

Central areas

2400 - 4000

Areas bordering to the city center

1400 - 2200


Prices for accommodations in Kiev (USD per day):

Location

Rental price

Central areas

120-700

Areas bordering to the city center

90 - 150


Price on housing real estate in Harkov and Odesa (USD per sq.m.)

Harkov

Odessa

Central city

780 - 1300

1090 - 1800

Suburban areas

420 - 850

800 - 1300


Prices for warehouses in Kiev (USD per sq.m.):

Kiev

Regions of Ukraine

Purchase

1090 - 1800

Rent

800 - 1300


The main tendencies of commercial real estate market:
· The majority of professional business centers are fully occupied;
· The requirements of potential leasers are difficult to fulfill because of lack of free premises;
· The growth of rental rate.
This information can change due to growing dynamics of price increase for sale and rent. If you are interested in current situation we recommend enquiring separate updated overview report of real estate situation and tendencies.

Bank account opening

Domestic and foreign currency account restrictions
Resident / non-resident status.

To acquire Ukrainian residential status, a company must be incorporated in Ukraine. Residents may hold foreign currency accounts on the territory of Ukraine. Residents are not permitted to hold bank accounts in national currency (UAH) abroad, but they may open a foreign currency accounts abroad if they obtain a permit from the National Bank of Ukraine.

Non-residents are allowed to have bank accounts which can be denominated in the local currency (UAH) and several foreign currencies. Foreign currency accounts require central bank's approval. Non-residents can open two types of accounts:
· 'P' accounts - for domestic business purposes.
· 'N' accounts - for cross-border business purposes.

Interest-bearing current accounts and term deposits are available.

Currency accounts availability

Within Ukraine

Outside Ukraine

Hryvna

Foreign currency

Hryvna

Foreign currency

Resident

Permitted

Permitted

Not permitted

Permitted with National Bank of Ukraine approval.

Non-resident

Permitted

Permitted with approval of National Bank of Ukraine

Not permitted

Not applicable


In order to open a bank account client must submit the following documents:

No

Name of the document

1

Copy of Registration Certificate of the legal entity in correspondent state authority (notarized or certified by the Authority that has issued Certificate of Registration)

2

Copy of constitutive (incorporation) documents notarized or certified by the Registration Authority

3

Copy of the certificate which confirms Client's entry to the unified state register of legal entities (notarized or certified by the Authority that has issued Certificate of Registration or by bank officer)

4

Copy of Certificate of Registration of the legal entity with the State Tax Authority (notarized or certified by the Authority that has issued Certificate of Registration or by bank officer)

5

Copy of the document confirming company's registration with the state pension fund (notarized or certified by the Authority that has issued Certificate of Registration or by bank officer)

6

Copy of the document confirming company's registration with the social state insurance fund (notarized or certified by the Authority that has issued Certificate of Registration or by bank officer)

7

Notarized card with signatures and stamp samples

8

Passport copies and Tax certificates with the ID Codes of the persons whose names are indicated in the Specimen card

9

Documents confirming appointment of the persons whose names are indicated in the Specimen card and their authority to sign payment documents


Cross-border payments

Urgent payments
There is currently no dedicated mechanism (such as TARGET) for effecting urgent cross-border payments.

Non-urgent cross-border payments
All banks will have their own means of making cross-border payments. There are three different structures, which often work in concert, depending on each bank's international coverage:

· Own network.
Many of the larger international banks have branches in more than one country. Where possible, a bank will effect a cross-border payment via an internal book transfer.

· Alliances with other banks.
Some banks do not have enough sufficiently wide international branches network thus they form banking alliances which offer similar payments services to the larger international banks.

· Traditional correspondent banking network.
Banks continue to rely on their traditional correspondent banking networks to effect cross-border payments on behalf of their clients.

With the following countries Ukraine has signed and ratified agreement on avoidance of double-taxation:

Austria, Azerbaijan Algeria, Armenia, Belgium, Byelorussia, Bulgaria, Croatia, The Czech Republic, Canada, China, Denmark, Egypt, Estonia, Finland, France, FRG (Germany), Great Britain, Greece, Georgia, Hungary, India, Indonesia, Iran, Italy, Kazakhstan, Kyrgyzstan, Latvia, Lebanon, Lithuanian, Macedonia, Moldova, The Netherlands, Norway, Poland, Portugal, Republic of Korea, Russian Federation, Romania, Serbia and Montenegro, Syria, Slovakia, Tajikistan, Thailand, Turkey, Turkmenistan, Switzerland, Sweden, Vietnam, UAE, USA, Uzbekistan

Furthermore according to article 7 of the Law of Ukraine "On the succession of a state of Ukraine", Ukraine implements agreements of USSR regarding avoidance of double-taxation that remain in force until new laws are passed. Agreements of USSR are valid against such countries as Spain, Cyprus, Malaysia, Mongolia and Japan.

Norms of deduction of income tax according to agreements on avoidance of double-taxation:

Recipient, resident of:

Signing party

Dividends, %

Interests, %

Royalty, %

Armenia

Ukraine

5/15

10

0

Austria

Ukraine

5/10

2/5

0/5

Azerbaijan

Ukraine

10

10

10

Byelorussia

Ukraine

15

10

15

Belgium

Ukraine

5/15

2/5

0/5

Bulgaria

Ukraine

5/15

10

10

Canada

Ukraine

5/15

0/10

0/10

China

Ukraine

5/10

10

10

Croatia

Ukraine

5/10

10

10

Cyprus

USSR

0

0

0

The Czech Republic

Ukraine

5/15

5

10

Denmark

Ukraine

5/15

0/10

0/10

Egypt

Ukraine

12

12

12

Estonia

Ukraine

5/15

10

10

Finland

Ukraine

0/5/15

5/10

5/10

France

Ukraine

0/5/15

2/10

0/5/15

Georgia

Ukraine

5/10

10

10

Germany

Ukraine

5/10

2/5

0/5

Greece

Ukraine

5/10

10

10

Hungary

Ukraine

5/15

10

5

India

Ukraine

10/15

10

10

Indonesia

Ukraine

10/15

10

10

Iran

Ukraine

10

10

10

Italy

Ukraine

5/15

10

7

Japan

USSR

15

10

0/10

Kazakhstan

Ukraine

5/15

10

10

Kyrgyzstan

Ukraine

5/15

10

10

Korea

Ukraine

5/15

5

5

Latvia

Ukraine

5/15

10

10

Lebanon

Ukraine

5/15

10

10

Lithuania

Ukraine

5/15

10

10

Macedonia

Ukraine

5/15

10

10

Malaysia

USSR

15

15

10/15

Moldova

Ukraine

5/15

10

10

Mongolia

USSR

0

0

0

The Netherlands

Ukraine

0/5/15

2/10

0/10

Norway

Ukraine

5/15

0/10

5/10

Poland

Ukraine

5/15

10

10

Portugal

Ukraine

10/15

10

10

Rumania

Ukraine

10/15

10

10/15

Russia

Ukraine

5/15

10

10

Slovakia

Ukraine

10

10

10

Spain

USSR

18

0

0/5

Sweden

Ukraine

0/5/10

0/10

0/10

Switzerland

Ukraine

5/15

10

0/10

Tajikistan

Ukraine

10

10

10

Turkey

Ukraine

10/15

10

10

Turkmenistan

Ukraine

10

10

10

Great Britain

Ukraine

5/10

0

0

USA

Ukraine

5/15

0

10

Uzbekistan

Ukraine

10

10

10

Vietnam

Ukraine

10

10

10

Yugoslavia

Ukraine

5/10

10

10


Ukraine has also ratified agreements on avoidance of double-taxation with Brazil, Mongolia, Algeria, Kuwait, UAE, South Africa, Luxemburg and Cuba. Agreements with Slovenia and Syria have been signed

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