Being Part of a Team
“A Foreign Trade Legislative Update is aimed at overcoming the negative consequences of the financial crisis in Ukraine and foresees certain amendments to several legal acts relating to banking activity, lending, foreign investments, currency control and fiscal issues. Investors should take into consideration the mandatory state registration of foreign investments; foreign investments in monetary form must be made only through Ukrainian investment accounts; and monetary investments must be made in UAH only (which effectively means mandatory conversion of foreign currency in order to make an investment),” says Viktor Dovhan, the managing partner of D&D Lawyers.
In 2009 Vasil Kisil & Partners, in addition to numerous projects and its well-known and recognized practice areas like contractual structuring, trade finance, agency, distribution and franchising, trade remedies and customs issues, broadened its expertise in consulting on number of WTO issues. These included initiation of WTO Dispute Settlement and involvement in a number of projects related to debt restructuring under the cross-border trade transactions involving Ukrainian counterparties. Partner Dr. Tatyana Slipachuk leads the firms’ foreign trade practice and is a widely recognized and highly recommended professional in the field. Nataliya Mykolska, senior associate, has also been consistently acknowledged as a leading expert and one of the key contacts in foreign trade expertise. Associate Anzhela Makhinova is also well regarded for her experience in foreign trade issues and trade investigations.
Foreign trade is one of the leading practices of Volkov Koziakov & Partners headed by Sergii Koziakov, senior partner, and Viktoriia Kotsiubska, senior associate. In 2009 the team also included Nataliia Isakhanova. It successfully advised the Korea Textile Trade Association in an anti-dumping investigation regarding imports of pile and terry fabrics into Ukraine. In addition, the lawyers are involved in representing interests of American and Brazilian producers and producers’ associations in the course of an anti-dumping investigation regarding the importing of chicken products into Ukraine.
The foreign trade practice of AstapovLawyers was substantially strengthened by Oleh Malskyy and Oleh Beketov. The profile contains significant experience in the area of trade investigations, for example, representation of OJSC Energomashspetsstal in an anti-dumping investigation initiated by the Ministry of Industry and Trade of the Russian Federation as well as representing Perdue Farms Incorporated in an internal anti-dumping investigation initiated by the Ukrainian Ministry of Economy. Andrey Astapov, Oleh Malskyy, Oleh Beketov and Eugene Blinov are notable practitioners.
In 2009 Magisters, a law firm with a great reputation in international trade, advised the WTO on Ukrainian IP Legislation at the request of the Ministry of the Economy of Japan. Taras Kyslyy, senior associate, was in charge of this project.
The team of the Andriy Kravets & Partners law firm, as headed by well-known practitioners Vladyslav Lyaskovskiy and Andriy Kravets, partners, and Julia Samoylova, senior associate, represented a number of high-profile international clients like Glencore International AG, Cadogan Petroleum Plc, TransBulkTerminal LLC, Euroventures Ukraine and other companies on a permanent basis. During the last 12 months, the firm’s team advised Groupe Auchan S.A. on legal issues related to the operations of the Auchan retail chain in Ukraine; Cadogan Petroleum Plc on introducing changes to a number of relevant loan and supply agreements; BAN CJSC, one of the leading Ukrainian producers of non-alcoholic beverages owned by Coca-Cola Corporation, on various issues of Ukrainian law related to the company’s activities and operations in Ukraine; and Lennox International on various issues related to the company’s business activities.
Konnov & Sozanovsky attorneys at law delivered legal advice on various trade transactions. In 2009 lawyers led by partner Borys Lobovyk counselled a foreign glass manufacturer on issues related to a special investigation on import of float glass to Ukraine; Mitsubishi Corporation on delivery of cars to Ukraine and associated formal procedures on customs clearance; Inditex Ukraine (TM Zara, Pull and Bear, Massimo Dutti, Bershka, Stradivarius, Oysho) on various matters related to the import of clothes into Ukraine and associated clearance procedures.
Asters foreign trade practice in 2009 involves a wide range of services, in particular, to Coca-Cola Ukraine, VELUX Ukraine, Elopak-Fastiv, Nissan Motor Ukraine LLC, STX Europe Group (f.k.a. Aker Shipyards Group), Ecolab Inc. on legal structuring of export-import operations, drafting foreign trade contracts, franchise and distribution agreements, financing operations, payment mechanisms, taxation optimization, advising on Ukrainian customs regulations, customs duty planning in international transactions, representation before the State Customs Service of Ukraine at all levels, accreditation with the local Customs Office, and fair calculation of customs duties for the benefit of clients. Partner Oleksandr Padalka and lawyer Borys Snizhko are highly regarded for their experience.
Sayenko Kharenko is known for assisting companies in evaluating and establishing comprehensive export-import compliance programs, including legal structuring of trade operations. In 2009, the firm’s attorneys advised a number of manufacturers and distributors on trade issues, compliance with competition laws and other regulatory issues. In addition, the firm represented major international manufacturers and service providers seeking assistance to secure fair access to the Ukrainian market. Sergiy Ignatovsky and Dmytriy Korbut are the team’s key members.
Foreign and international trade is central to the practice of AGA Partners, which constantly advises Ukrainian and international traders on various issues arising out of trade transactions, negotiation and execution of contracts, financing operations, payment mechanisms, international transportation and prompt resolution of disputes at any stage of international commercial deals. The trade team is led by Aminat Suleymanova, who is recognized for her expertise in grain and other soft commodities trade. Clients include banks, producers, major international trading houses and trade associations.
The recently established legal practice of D&D Lawyers, headed by the already recognizable legal market practitioner Viktor Dovhan, focused on advice on export and import transactions for its clients. The major highlight for 2009 is legal assistance to TEVA pharmaceuticals in connection with drafting contracts for the import of medicines into Ukraine. Associates Sergiy Zheka and Kostyantyn Chekunov are contributors to the project.
Gvozdiy & Oberkovych lawyers render legal services in respect to evaluation and establishing comprehensive export-import compliance programs and assist in structuring trade operations. In 2009 the majority of related activities were dedicated to counseling a large Ukrainian company on contract law and negotiation process in transaction on the sale-purchase of helicopters to South Korea. Oleg Tarasiuk enjoys the recognition of peers for being a foreign trade expert at this firm.
Kharkov-based ILF frequently handles projects on cross-border delivery legal assistance and related consulting. The past year was noted for a project by Alexander Schuke Potsdam Orgelbau GmbH to construct and deliver an organ to for Kharkov philharmonic society. Senior partner Olena Kibenko has managed the project.
Jurimex law firm has shown good performance in transactional legal support. The past year was marked by assistance to MSL in purchase-sale of lottery equipment at Witek System Inc. Danylo Getmantcev and Svetlana Yazykova are the main practitioners.
Paritet Law Firm provided legal advice to its clients with respect to foreign trade matters. In particular, it advised Scanflavour AS, a Danish producer of food and agricultural products on several deals to supply several distributors in Ukraine. In 2009 the firm counseled one of the biggest producers of food products in the US on certain customs and foreign trade requirements to import its products to Ukraine; advised its clients regarding import of medicinal products and goods of a medicals designation; is engaged in advising a major European pharmaceutical manufacturer to import medical products into Ukraine. Borys Danevych, Taras Koval, Yuliya Cherkashina, Vadym Shestakov, Maksym Sysoiev make up the legal team.
In 2009 INTEGRITES has foreign trade as their core area of practice with a focus on trade finance. The firm has built a strong relationship with key European and Asian export-credit agencies, banks and insurers, members of the Berne Union that enable valuable experience whilst advising Ukrainian companies on key trade finance methods, including export working capital financing, export credit insurance, export factoring, and forfeiting. Major trade deals supported by INTEGRITES include Norwegian fish company Marine Harvest export deals, insured by Norway export agency GIEK, estimated at USD 100 million, and a trade finance deal of USD 51 million insuring contract between Datalux Group and Dutch export agency Atradius. Ruslan Bernatsky and Kateryna Kardash are key practitioners in this area.
The Kiev office of Peterka & Partners provided comprehensive advisory services to Steel.S Slovakia, a Slovak subsidiary of the Italian Sassoli Group on a foreign trade agreement with a Ukrainian importer; to ED&F Man Cocoa Ltd, a leader in the international trade of cocoa products, with respect to a foreign trade agreement and a dispute with a Ukrainian seller. Alexander Poels is a key contact for this practice in Ukraine.
LCF Law Group highlighted its expertise in anti-dumping. Yulia Bozhko and Igor Bohdan acted in the matter of invalidation and repeal at the judgment of Interdepartmental Commission for International Trade about application of ending anti-dumping measures on the export to Ukraine of ammonium nitrate derived from the Russian Federation.