TRADE AND INVESTMENT COOPERATION AGREEMENT
BETWEEN THE GOVERNMENT OF UKRAINE & THE
GOVERNMENT OF THE UNITED STATES OF AMERICA
Establishes Ukraine-United States Council on Trade and Investment 
Washington, D.C. Friday, March 28, 2008
Kyiv, Ukraine, Monday, April 1, 2008

[NOTE: The TICA has not yet entered into force. There is a procedural
exchange of letters required before formal EIF. (April 7, 2008)]

DONE at Washington, D.C., on the 28th day of March. 2008, and at Kyiv.
Ukraine, on the lst day of April. 2008. in two copies each in the English
and Ukrainian languages, both texts being equally authentic.

The Government of Ukraine and the Government of the United States of
America (individually a "Party" and collectively the "Parties"):

Desiring to enhance the bonds of friendship and spirit of cooperation, to
expand trade, and to strengthen economic relations between the Parties;

Recognizing the importance of fostering an open and predictable
environment for international trade and investment;

Recognizing the benefits the Parties can derive from increased international
trade and investment, and that trade-distorting investment measures and
protectionist trade barriers can reduce these benefits;

Seeking to promote transparency and to eliminate bribery and corruption in
international trade and investment;

Recognizing the essential role of private investment, both domestic and
foreign, in furthering growth, creating jobs. expanding trade, improving
technology. and enhancing economic development;

Recognizing the increased importance of trade in services between the
Parties;

Taking into account the positive impact of reducing non-tariff trade
barriers in order to facilitate increased trade among the Parties;

Recognizing the importance of providing adequate and effective protection
and enforcement of intellectual property rights and observing the
obligations of membership and adherence to conventions for the
protection of intellectual property rights:

Recognizing the importance of providing adequate and effective protection
and enforcemeIlt of worker rights in accordance with each Party's labor laws
and of improving the observance of internationally recognized labor rights;

Recognizing the importance of protecting and preserving the environment
in accordance with each Party's environmental laws, and desiring to ensure
that trade and environmental policies are mutually supportive in the
furtherance of sustainable development of the Parties;

Desiring to encourage and facilitate contacts between enterprises and other
private entities in the territory of each Party;

Acknowledging the desirability of resolving trade and investment problems
between the Parties as expeditiously as possible;

Desiring to reinforce the multilateral trading system by entering into
further reciprocal and mutually advantageous arrangements under the
auspices of the World Trade Organization ("WTO");

Confirming that this Agreement is without prejudice to the rights and
obligations of the Parties under the agreements, understandings, and other
instruments related to or concluded under the auspices of the WTO;

Noting the Treaty between The United States of America and Ukraine
Concerning the Encouragement and Reciprocal Protection of Investment
("Bilateral Investment Treaty"), signed on March 4, 1994, between the
Parties and affirming that this Agreement is without prejudice to the rights
and obligations of the Parties under that Treaty;

Seeking to create a mechanism for further dialogue on initiatives for
expanding trade through enhanced cooperation and more comprehensive
agreements,

HAVE AGREED as follows:

ARTICLE ONE

The Parties affirm their desire to promote an attractive investment
climate and to expand and diversify trade in products and services.

ARTICLE TWO

1. The Parties hereby establish a Ukraine-United States Council on
Trade and Investment ("Council"), comprising representatives of each Party.

The Ukrainian side shall be chaired by the Ministry of Economy of Ukraine;
and the United States' side shall he chaired by the Office of the U.S. Trade
Representative ("USTR"). Both Parties may be assisted by officials of other
government entities as circumstances require.

2. The Council shall meet at such times, in such places, and through
such means as the Parties may agree. The Parties shalt endeavor to meet
no less than once a year.

ARTICLE THREE

The Council shall:

I. monitor trade and investment relations between the Parties, identify
opportunities for expanding trade and investment, and identify relevant
issues, such as those related to the protection of intellectual property rights,
worker rights, and the environment, that may be appropriate for negotiation
in the framework of the Council sessions;

2. consider specific trade and investment matters of interest to the
Parties;

3. identify and work to remove impediments to trade and investment
between the Parties; and

4. seek and receive the advice of the private sector and civil society,
where appropriate. on matters related to the Council's work.

ARTICLE FOUR

A Party may refer a specific trade or investment matter to the Council by
delivering a written request to the other Party that includes a description
of the matter concerned. The Council shall take up the matter promptly
after the request is delivered unless the requesting Party agrees to
postpone discussion of the matter. Each Party shall endeavor to provide
an opportunity for the Council to consider a matter before taking actions
that could adversely affect trade or investment interests of the other
Party.

ARTICLE FIVE

This Agreement shall be without prejudice to the law of either Party or
to the rights and obligations of either Party under any other agreement.

ARTICLE SIX

This Agreement shall enter into force on the date that the Parties notify
each other in writing that they have completed any internal procedures
necessary to implement the Agreement.

ARTICLE SEVEN

1. Any disputes between the Parties that may arise from the interpretation
anchor implementation of provisions of this Agreement shall be resolved
through consultations and negotiations between the Parties.

2. On mutual agreement. the Parties may amend this Agreement. Such
amendments shall he in writing and shall constitute an integral part of this
Agreement.

ARTICLE EIGHT

Either Party may withdraw from this Agreement by providing written
notice concerning its intention to withdraw to the other Party. The
withdrawal shall take effect on a date the Parties agree or, if the Parties
cannot agree, 180 days after the date on which the notice of withdrawal 
from this Agreement is delivered.

IN WITNESS THEREOF. the undersigned, being duly authorized, have
signed this Agreement.

DONE at Washington, D.C., on the 28th day of March. 2008, and at Kyiv.
Ukraine, on the lst day of April. 2008. in two copies each in the English
and Ukrainian languages, both texts being equally authentic.

FOR THE GOVERNMENT OF UKRAINE 
/s/ Bohdan Danylyshyn
[Minister of Economy]

FOR THE GOVERNMENT OF THE UNITED STATES
OF AMERICA
/s/ Susan Schwab
[U.S. Trade Representative]

[click here to download english version of the Agreement]
[click here to download ukrainian version of the Agreement]