Registration of international technical assistance in Ukraine
International Technical Assistance (ITA) – financial resources and services provided by donors under international agreements of Ukraine on a gratuitous and non-refundable basis to support Ukraine.
Under legislation of Ukraine, international technical assistance may be provided by means of:
- any property imported into or acquired in Ukraine for implementation of project tasks;
- works and services;
- intellectual property rights;
- financial resources (grants) in national or foreign currency;
- other resources not prohibited by law, including scholarships.
Registration of ITA projects
International technical assistance projects are subject to mandatory state registration in Ukraine.
Based on state registration of projects, international technical assistance providers may receive accreditation in Ukraine and benefits applicable under legislation and international agreements of Ukraine.
For state registration of projects, a recipient (an individual or a legal entity directly receiving international technical assistance under the project) and a development partner or a person authorized by a development partner shall file the following documents in soft and hard copies to the Secretariat of the Cabinet of Ministers of Ukraine:
1. application for project’s state registration;
An application is to contain the details of:
- a donor (state, government of a foreign state, organization, institution, fund authorized by the government of a foreign state, international organization providing international technical assistance to Ukraine). The details are to contain a name, legal address, address in Ukraine of a party authorized by the donor, work coordinator’s name, surname, and position;
- a provider (any party who implements a project in Ukraine). The details are to contain a name, legal address, address in Ukraine, a work coordinator’s name, surname, position and a code under the Unified State Register of Enterprises and Organizations of Ukraine (USREOU) or the State Register of Individual Taxpayers, if any;
- a recipient. The details are to contain a name, legal address, an authorized party’s name, surname, position and a code under the Unified State Register of Enterprises and Organizations of Ukraine (USREOU) or the State Register of Individual Taxpayers, if any;
- a beneficiary (a competent central executive body of Ukraine or executive body of local self-government). The details are to contain a name, legal address, an authorized party’s name, surname, position.
A project number specified by the donor must be indicated in an application.
2. a copy of a contract between a donor and a provider certified by the donor;
A contract defines project goals and objectives, types and amounts of international technical assistance provided for a project goals, estimated cost, duration and stages of project implementation in Ukraine.
3. a document (memorandum, statement of intent, action plan, terms of reference, partnership agreement, etc.) confirming the agreement of project goals, objectives, activities between a donor or provider and a recipient (beneficiary);
The specified document is also to contain: a project name; a project goal; project delivery time; terms of reference under a project’s contract; expected results from project implementation; quantitative and/or qualitative criteria of project effectiveness; a list of property, works and services, intellectual property rights, other acquired resources provided under a project; an expected project impact on a relevant industry or region development; assistance obligations of a donor (executor); obligations of a recipient (beneficiary).
A recipient who has entered into a grant agreement with a donor or provider shall file a certified copy of the grant agreement instead of the document.
4. a letter from a beneficiary confirming support and interest in the results of a project with consent to activities specified in the contract;
If state authorities of Ukraine are interested in project results, a recipient and a donor or a party authorized by the donor shall file a letter of interest in a project results to a competent body.
For projects funded by the United States Agency for International Development, a letter of interest in a project (program) results from a beneficiary and/or from state authorities of Ukraine is not filed according to Article 7 of the Agreement on Development Tasks between the Government of Ukraine and the Government of the United States of America to promote more transparent and accountable governance processes with broad citizen participation; to promote sustainable economic development on a broad social basis for ensuring consolidated democracy in Ukraine.
5. an approval letter of the National Agency of Ukraine on Civil Service (filed for training, retraining, advanced training projects of public officers of Ukraine);
6. a procurement plan funded by international technical assistance, certified by a donor or provider and agreed by a beneficiary (in two copies).
A procurement plan funded by international technical assistance, certified by a donor or provider and agreed by a beneficiary is filed for using tax benefits provided by law and international agreements of Ukraine (in two copies).
All documents are to be filed in the original text with a mandatory Ukrainian translation.
ITA projects registration refusal
Projects state registration refusal may be based on:
- nonconformity of documents filed by an applicant;
- project nonconformity with a strategic or annual program agreed with a donor;
- project delivery time completion;
- inaccurate information in filed documents.
ITA provider accreditation
The following documents are filed to the Secretariat of the Cabinet of Ministers of Ukraine for a provider’s accreditation:
- a letter of request from a development partner for the provider’s accreditation, indicating the party’s name, location, location in Ukraine, telephone number, name, surname, position of an official representative in Ukraine, lists of Ukrainian and foreign personnel in Ukraine;
- a power of attorney for the provider’s authorized representation in Ukraine legalized under the requirements of Ukrainian legislation.
The Secretariat of the Cabinet of Ministers of Ukraine processes filed documents within 10 working days from the date of documents receipt and decides on the provider’s accreditation (confirmed by an accreditation certificate) or accreditation refusal.
An accreditation certificate of an international technical assistance provider gives:
- a confirmation of a provider’s status that ensures implementation of a project in Ukraine;
- a basis to apply in the prescribed manner for a provider’s special seals and stamps, to open associated special bank accounts used for project implementation, to receive special service cards and vehicles license plates for providers and their foreign employees, and other actions aimed at project implementation provided by law.