News date: 21 May 2025
On May 20, 2025, Kyiv hosted the fifth annual “Trade Wars: Art of Protection” conference, organized by Ilyashev & Partners Law Firm in collaboration with Yurydychna Praktyka Publishing House. The event brought together over 100 participants, including representatives of industry, business associations, government bodies, diplomatic missions, and leading international trade experts.
The conference opened with a conversation between Olena Omelchenko, Partner at Ilyashev & Partners, and Taras Kachka, Deputy Minister of Economy of Ukraine and Trade Representative of Ukraine. The key focus was the expiration of the EU’s Autonomous Trade Measures on June 6, 2025, and the return to the free trade regime that existed prior to the full-scale invasion by the Russian Federation. The discussion also addressed the revision of Article 29 of the EU-Ukraine Association Agreement, specifically concerning the Deep and Comprehensive Free Trade Area (DCFTA), aimed at expanding access for Ukrainian goods to the EU market and for European goods to the Ukrainian market.
According to Taras Kachka, Ukraine and the EU managed to find a trade balance in 2023–2024, although Ukraine still faces a significant trade deficit – imports from the EU nearly double its exports: “It is clear that the current debate focuses on how to maintain this balanced trade. Our approach is to keep the existing trade conditions at least at their current level – possibly even liberalize them further, but with appropriate safeguards. Our task today is to prove that Ukrainian products are an integral part of the European Union’s food system. We must be trusted, not feared.”
The discussion also touched upon Ukraine’s trade relations with the United States. Mr. Kachka expressed hope for progress in the establishment of a free trade area with the U.S. and the removal of tariffs on Ukrainian steel.
Ukraine Preparing to Defend Agri-Exports if EU Tariffs Are Reinstated
In light of the expected expiration of the EU’s trade “visa-free” regime with Ukraine on June 6, 2025, Oksana Osmachko, Deputy Minister of Agrarian Policy and Food of Ukraine, assured that the government is engaged in active high-level political negotiations to preserve trade preferences for Ukrainian exporters.
“Negotiation rounds are taking place weekly in Brussels. We hope that our arguments will be heard. According to Article 29 of the Association Agreement, the terms may be reviewed in the direction of deeper trade liberalization – we can request consultations and initiate negotiations on improved market access,” she stated.
When asked about the potential need to restrict Ukrainian exports to avoid trade conflicts with Poland and other neighboring countries, she emphasized: “For us, introducing restrictions is a last resort. We do not wish to take that path, but if no compromise is reached within the EU, we will have to consider possible response measures.”
Protecting the Domestic Market: Anti-Dumping Measures and Localization
The first session of the conference focused on the impact of global trade shifts and the need to protect the domestic market. Pavlo Kachur, Head of the Ukrcement Association, emphasized that anti-dumping duties have enabled the modernization of Ukrainian cement plants and improved product quality.
“Anti-dumping duties are not barriers, but tools to level the playing field. They enable us to compete not only on the domestic market, but also within the European market,” he stressed.
Kachur also called for the implementation of a clear localization policy in Ukraine’s post-war reconstruction: “Priority must be given to Ukrainian producers and to partners who supported us during the war. Countries that aided the aggressor should face restrictions on access to the Ukrainian market, especially in sectors where we are fully capable of meeting domestic demand.”
Legislative Initiatives and the Role of Parliament
During the second session of the conference, Nina Yuzhanina, Member of the Verkhovna Rada of Ukraine and the Parliamentary Committee on Finance, Taxation and Customs Policy, highlighted systemic issues in the application of trade defense instruments. She noted that businesses often turn to Parliament due to the inefficiency and delays in anti-dumping investigations.
Nina Yuzhanina pointed out a fundamental flaw in the current system: in Ukraine, anti-dumping proceedings can only be initiated by businesses, whereas in the EU, state authorities actively play this role. She expressed particular concern over customs circumvention through third countries, especially Malaysia.
“Protecting Ukrainian producers is not about slogans or cashbacks. It must be a clear, systemic, and prompt state policy. Business should not be the sole initiator – the state must take its side by default. It is crucial to support domestic manufacturers under such difficult circumstances and ensure that these protective mechanisms function more simply and much faster,” emphasized Nina Yuzhanina.
Without a Strong Customs Service, Trade Defense Doesn’t Work
Vladyslav Suvorov, Deputy Head of the State Customs Service of Ukraine, shared practical insights on countering attempts to circumvent anti-dumping duties and other trade defense measures. He highlighted three main manipulation schemes: misrepresentation of the country of origin (particularly via Malaysia), misclassification of goods, and undervaluation of customs value.
He also emphasized the ineffectiveness of enforcement: once a violation is detected, the importer often disappears or is a shell company. Therefore, the issue is not only about imposing duties, but also about effective enforcement and administration.
“If a duty is a weapon, then custom is the hand that wields it. And if the hand is weak, the weapon is useless. A systemic transformation of the customs services is essential,” he stressed.
Reforms in the Extractive Industry and Attracting Foreign Investors
Kseniia Orynchak, Executive Director of the National Extractive Industries Association of Ukraine, delivered a comprehensive assessment of the sector, particularly in the context of Ukraine’s new cooperation agreement with the United States on critical minerals.
Kseniia Orynchak emphasized that the development of critical raw materials presents a major opportunity to transform Ukraine’s economy. She specifically underlined the need to launch a market for private geological exploration, simplify procedures for investors, and develop a genuine industrial strategy.
“We want to open the market for private geological services. This will help attract long-term investors, including from the United States, and create the conditions for the sustainable development of the industry,” she noted.
Prospects for the Steel Industry and New Trade Agreements
Oleksandr Kalenkov, President of Ukrmetallurgprom, emphasized the importance of systematic engagement with international partners to defend the interests of Ukraine’s steel industry. He confirmed that the EU has extended the exemption of Ukrainian steel from safeguard measures for another three years.
“This decision is the result of tremendous advocacy efforts with the European Commission, individual member states, embassies, and industry associations,” he noted.
Kalenkov stressed that Ukrainian producers already comply with European standards, but need time and resources to adapt to new regulations such as the Carbon Border Adjustment Mechanism (CBAM).
“EU representatives have made it clear: they will not amend legislation specifically for Ukraine, but they are open to flexibility and transitional periods, as was the case with other candidate countries,” he added.
He also urged Ukraine to expand trade negotiations beyond the EU and the U.S., particularly with the United Kingdom and Japan, to build strong investment partnerships.
Rising Imports and New Challenges for Domestic Producers
Sergey Povazhniuk, Deputy Director for Development at Ukrainian Industry Expertise, emphasized the need for a systemic approach to protecting domestic producers amid war conditions, logistical barriers, and aggressive competition from neighboring countries. He drew particular attention to the sharp increase in imports from China – which grew by nearly 50% over the past year. While some of these products have no Ukrainian equivalents, a significant share directly displaces local manufacturers.
“Anti-dumping measures remain the only effective tool of protection. Countervailing investigations are rarely conducted due to the difficulty of proving subsidies, and safeguard measures are not applied because of Ukraine’s political commitments to the EU. In reality, businesses have virtually no other working instruments,” he stressed.
Sergey Povazhniuk called for the establishment of an import monitoring system to help identify anomalies in a timely manner – such as “grey” goods from Russia entering through third countries under different labels. According to him, these flows must be intercepted before irreversible harm is done.
Ukrainian Agri-Exports to the EU: Myths, Fears, and Facts
Oleh Khomenko, Director General of the Ukrainian Agribusiness Club, spoke at the conference to challenge widespread myths in the EU about Ukrainian agri-exports. One of the main arguments used against Ukraine’s accession to the EU, he noted, is the fear of subsidy redistribution. European farmers are concerned that Ukraine’s vast agricultural lands would reduce their share of direct payments.
“But Ukrainian farmers are competitive even without subsidies. They’ve learned to survive under tough conditions and have already built an efficient business model,” emphasized Khomenko. “We must counter myths with facts and figures, and explain that Ukrainian agriculture is not a threat, but an opportunity for Europe’s food security.”
To counter disinformation, the Ukrainian agricultural community has opened a representative office in Brussels, which now engages directly with European parliamentarians and industry associations.
The Role of the State in Trade Defense
Olena Omelchenko, Head of International Trade Practice, Partner at Ilyashev & Partners, called for an urgent overhaul of trade investigation procedures to reflect the realities of wartime conditions. She noted that Ukrainian producers are forced to wait for years for protection against unfair imports, often having to compete with goods originating from countries that directly or indirectly support the aggressor state.
“We need a systematic analysis: what goods are produced in Ukraine, and whether they can fully meet domestic demand. If not, perhaps EU partners can supply them. Clearing part of the market from third-country imports will not only support Ukrainian manufacturers but also strengthen industries in countries that are our strategic allies,” she said.
Omelchenko emphasized the need to shorten the duration of trade investigations, which currently take 18-24 months, while Ukrainian businesses cannot afford such delays amid the fast-changing realities of war and market disruption.
“The European Union has already shortened its investigation periods. Ukraine must do the same. We urge the Interdepartmental Commission on International Trade to meet at least quarterly and to introduce a transparent procedure for price undertakings. The law allows foreign producers to avoid duties by offering voluntary price undertakings – but the national producer is excluded from this process, and ultimately suffers losses through reduced market share,” she stressed.
About the “Trade Wars: Art of Protection” Conference
Since 2018, the “Trade Wars: Art of Protection” conference has served as an annual platform for discussing key challenges in international trade, the protection of national producers, and the adaptation of businesses to global economic changes. Organized by Ilyashev & Partners Law Firm in cooperation with Yurуdуchna Praktyka Publishing House, the event brings together government officials, members of parliament, business leaders, industry associations, and experts to exchange insights and develop strategies for Ukraine’s trade defense.
In 2025, the conference partners included: Ministry of Justice of Ukraine, Ukrainian Chamber of Commerce and Industry, European Business Association, All-Ukrainian Association of Autoclaved Aerated Concrete Producers, National Extractive Industries Association of Ukraine, Ukrainian Association of Ferroalloy Producers (UkrFA), Ukrainian Corporation “Ukrvinprom”, Ukrainian Confectionery Industry Association (Ukrkondprom), Association of Ukrainian Enterprises “Ukrmetallurgprom”, Association “Ukrcement”, and the State Enterprise “Ukrainian Industry Expertise”.
Media partners of the event included: Yurуdуchna Praktyka, Interfax-Ukraine, Delo.ua, GMK Center, Mind.ua, Business Ukraine, and Energobusiness.