Foreigners may be obliged to obtain permits if they invest in Ukraine's strategic enterprises – draft law

The relevant draft law was posted on the ministry's website.

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Ukraine's Ministry for Development of Economy, Trade, and Agriculture proposes that a procedure for issuing special permits to foreigners who plan to invest in Ukraine's strategic enterprises be introduced in the country.

The relevant bill was posted on the ministry's website. The explanatory note to the bill says that many developed countries have already implemented such a rule.

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"Merger approvals for non-resident business entities in Ukraine that acquire or intend to acquire control over a business entity — an enterprise in the strategic sphere – is granted if a foreign investment transaction is agreed with the Interdepartmental Commission on the assessment of the impact of foreign investment on Ukraine's national security. The procedure is defined by the law of Ukraine related to foreign investment in business entities of strategic importance for ensuring the national security of Ukraine," the explanatory note said.

As UNIAN reported earlier, the Cabinet of Ministers had approved an updated list of enterprises that are not subject to sale.

In particular, this refers to National Joint-Stock Company Naftogaz of Ukraine, PJSC Magistralni Gazoprovody Ukrainy (MGU/"Trunk Gas Pipelines of Ukraine"), Ukrtransgaz (the state-owned operator of Ukraine's gas transmission system/GTS), Ukraine's largest state-run gas producers JSC UkrGasVydobuvannya and Chornomornaftogaz, the national operator of Ukraine's crude oil transport system Ukrtransnafta, State Joint Stock Holding Company Artem (ammunition production), PJSC Ukrposhta (Ukraine's state-owned postal services provider), and the Ukrainian national railways company PJSC Ukrzaliznytsia. The state should have at least 50% plus one share in such enterprises.

The state shall fully own corporate rights of such enterprises as Ukraine's national nuclear energy generating company Energoatom, the state-owned energy generating company Ukrhydroenergo, the operator of the Ukrainian integrated power grids Ukrenergo, and the manufacturer of freight and passenger aircraft state-owned Antonov Enterprise.

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