Working Group on Sea Ports Development Meeting
7 September, 2011, 16:00
Chamber’s Conference Facility
Horizon Park Business Center, 12, Amosova vul., 15 Floor
List of attendees:
Mr. Oleg Kalensky, UVK, Co-Chair of the Chamber Logistics and Transportation Committee
Ms. Victoria Papenkova, CMS Cameron McKenna LLC, Secretary of the Chamber Logistics and
Transportation Committee
Ms. Olena Bochkovska, The Chamber
Ms. Viktoriya Gorina, Vashchenko, Bugay and Partners
Ms. Yaroslava Marusyk, The Chamber
Mr. Pavlo Mishchenko, Arzinger
Mr. Maxim Oleksiyuk, KM Partners
Mr. Dmitriy Orendarets, Clifford Chance LLC
Mr. Andriy Pidhayny, AGRECA Law Firm
Mr. Oleksandr Primak, Transinvestervice
Mr. Volodymyr Tkachenko, ArcelorMittal Kriviy Rih, OJSC
Mr. Volodymyr Vashchenko, Vashchenko, Bugay and Partners
Mr. Felix Zinchenko, System Capital Management (SCM)
On Wednesday, September 7th, 2011 the Chamber Working Group on Sea Ports Development Meeting
took place.
The meeting was devoted to the examination and discussion of expert opinions of the Working Group
Members regarding the status of sea ports and development of the Chamber position with respect to the
legislative amendments that are necessary for development of sea ports and sea transport area.
The first speaker, Mr. Pavlo Mishchenko, Senior Lawyer, Arzinger highlighted the importance to
comment the new Draft Law “On Sea Ports”. He mentioned that there is no need to comment existing
Draft Law #0881 “On Sea Ports” because of no chance of its successful addoption.
Mr. Andriy Pidhayny, Lawyer, Portinvest, said, that the Working Group upon the Ministry of
Infrastructure of Ukraine has finished its work on the new draft law and that the document is already under
consideration of the Ministry. It was suggested to send a request to the Ministry for getting text of the draft
law, prepared by the Working Group.
Ms. Viktoriya Papenkova, Lawyer, CMS Cameron McKenna LLC, agreed on statement that the
Chamber Working Group does not have to work on the improvement of the Draft Law #0881. Ms.
Papenkova suggested sending the Chamber Position Paper without commenting the draft law, because the
provisions of two documents wouldn’t be contradicted to each other.
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Board of Directors: Mr. Ian Borden, McDonald's – Chairman; Mr. Boris Krasnyansky, PwC – Vice Chairman; Mr. Jason Murphy, British
American Tobacco – Treasurer; Mr. Jacquot Boelen, METRO Cash & Carry – Secretary; Mr. Didier Casimiro, TNK-BP; Mr.
Peter Chernyshov, Slavutich, Carlsberg Group; Mr. Steven Fisher, Citibank; Mr. Walter Gordon, Coca-Cola; Mr. Andre
Küüsvek, European Bank for Reconstruction and Development; Mr. Yuri Miroshnikov, Ukraine International Airlines; Mr.
Jacques Mounier, Corporate and Investment Bank Credit Agricole; Mr. George Nassar, Procter & Gamble; Mr. Andrzej
Rozycki, Cargill; Mr. Floris Schuring, KPMG; Mr. Dmitry Shymkiv, Microsoft.
President: Mr. Jorge Zukoski
Mr. Volodymyr Tkachenko, Chief Advisor on Government Relations, ArcelorMittal Kriviy Rih,
OJSC, suggested waiting until the draft law will become public, and the Chamber Position could include
comments to the provisions of the draft law.
Mr. Pidhayny stated the need to decentralize financial flow with streaming part of it to the regional budget
for infrastructure development. He stressed the need to take a stand for an approval of the draft law,
explaining that the law reflects the main goals that were set, like stimulating investments, even by different
mechanisms, such as corporatization. Mr. Pidhayny also suggested involving international experts when
the draft law will be publicly available. Mrs. Yaroslava Marusyk, The Chamber, suggested organizing a
round table with international experts to discuss the draft law when it is officially published.
Mr. Oleg Kalensky, Strategic Marketing & Development Director, UVK, supported the suggestion to
send an official request to the Ministry of the Infrastructure of Ukraine with a request to receive the text of
the draft law.
Ms. Viktoriya Papenkova, suggested enclosing into the Chamber Position recommendations or concerns
that cover problems of the industry in general.
Mr. Pidhayny offered to view his suggestions from the last meeting to be put in general into the Chamber
Position Paper, but with some edits – port administration should become a commercial entity, and it does
not have to pay any dividends.
Mr. Maxim Oleksiyuk, Partner, KM Partners, stressed the need to give sea port status of corporation.
During the meeting different issues were discussed, such as contrast between two models of sea port
administration, corporatization, role of the community in sea port area development, legal status of sea
port, and its privatization.
ACTION:
Key statements of the Draft Chamber Position on Sea Ports Development were developed on which
consensus have been reached among the Members of the Working Group.
It was agreed that Members of the Working Group will elaborate on each statement of the Draft Chamber
Position and provide a brief comment to each point till Monday, September 19th, 6:00PM.
1.Necessity to adopt a special law on regulation of sea ports’ activities in Ukraine, in which the legal status
of sea ports will be also defined.
2.A special law should foresees amendments to the Merchant Shipping Code of Ukraine, Land and Water
Codes and other laws of Ukraine concerning possibility of economic activity on the territory of the sea
ports.
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Board of Directors: Mr. Ian Borden, McDonald's – Chairman; Mr. Boris Krasnyansky, PwC – Vice Chairman; Mr. Jason Murphy, British
American Tobacco – Treasurer; Mr. Jacquot Boelen, METRO Cash & Carry – Secretary; Mr. Didier Casimiro, TNK-BP; Mr.
Peter Chernyshov, Slavutich, Carlsberg Group; Mr. Steven Fisher, Citibank; Mr. Walter Gordon, Coca-Cola; Mr. Andre
Küüsvek, European Bank for Reconstruction and Development; Mr. Yuri Miroshnikov, Ukraine International Airlines; Mr.
Jacques Mounier, Corporate and Investment Bank Credit Agricole; Mr. George Nassar, Procter & Gamble; Mr. Andrzej
Rozycki, Cargill; Mr. Floris Schuring, KPMG; Mr. Dmitry Shymkiv, Microsoft.
President: Mr. Jorge Zukoski
3.Definition of the “sea port” as defined by limits territory and aquatorium that are equipped for vessels’
and passenger service, for freight, transport and forwarding activities as well as other economic activities.
4.So called “legalization” of some enterprises’ activities that are located on the territories of t sea ports of
Ukraine at the time of entry into force of a special law.
5. Port duties issue: in a working format.
Next Chamber Working Group on Sea Ports Development Meeting is scheduled for Tuesday,
October 4, 4:00PM.
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Board of Directors: Mr. Ian Borden, McDonald's – Chairman; Mr. Boris Krasnyansky, PwC – Vice Chairman; Mr. Jason Murphy, British
American Tobacco – Treasurer; Mr. Jacquot Boelen, METRO Cash & Carry – Secretary; Mr. Didier Casimiro, TNK-BP; Mr.
Peter Chernyshov, Slavutich, Carlsberg Group; Mr. Steven Fisher, Citibank; Mr. Walter Gordon, Coca-Cola; Mr. Andre
Küüsvek, European Bank for Reconstruction and Development; Mr. Yuri Miroshnikov, Ukraine International Airlines; Mr.
Jacques Mounier, Corporate and Investment Bank Credit Agricole; Mr. George Nassar, Procter & Gamble; Mr. Andrzej
Rozycki, Cargill; Mr. Floris Schuring, KPMG; Mr. Dmitry Shymkiv, Microsoft.
President: Mr. Jorge Zukoski