THE MEMORANDUM BETWEEN THE GOVERNMENT OF THE REPUBLIC OF BELARUS AND THE GOVERNMENT OF UKRAINE OF THE PRINCIPLES OF NON-USE OF SPECIAL (PROTECTIVE) MEASURES CONCERNING COMMODITY IMPORT, THE ORIGIN FROM THE REPUBLIC OF BELARUS AND UKRAINE

of May 29, 2002

The government of the Republic of Belarus and the Government (Cabinet of Ministers) of Ukraine which are hereinafter referred to as "Party"

realizing that further development and strengthening of the relations of friendship and cooperation is equitable to interests of the states of the Parties and will promote in the best way their economic development,

giving priority to development of trade and economic cooperation between the Republic of Belarus and Ukraine on the basis of equality and mutual advantage,

considering need of elimination of restrictions for mutual trade,

agreed as follows:

1. The parties will aim not to apply special (protective) measures to commodity import by origin from customs area of the states of the Parties.

2. The parties will communicate on regular basis concerning the economic legislation including anti-dumping, and also other provisions regulating questions of protection of the domestic market.

3. If the industry of national economy of one of the states of the Parties tolerates essential damage owing to the increased import volumes of the similar or directly competing goods from the territory of the state of other Party or if there is threat of causing such damage, the Parties immediately hold consultations with the purpose of acceptance of joint efforts on prevention of causing damage.

4. If during consultations of the Party within 30 days do not find the acceptable solution on prevention of causing damage and such damage continues to increase, the Party to which industry of national economy of the state essential damage is caused has the right by results of investigation to enter special (protective) measures according to the national legal system.

5. The parties not take special (protective) measures concerning the commodity import causing essential damage if other Party undertakes the obligation on restriction of such import.

6. The parties will analyze the special (protective) measures operating at the moment regarding their possible liberalization.

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