Government lifts entry restrictions for foreigners travelling to or through Ukraine

CORONAVIRUS DISEASE 2019 (COVID-19)

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On September 28, 2020, the temporary entry restrictions for foreigners and stateless persons travelling to or through Ukraine, introduced earlier by the Government of Ukraine, have been lifted.

Foreigners and stateless persons are now allowed to cross the border into Ukraine provided they have an insurance policy certificate issued by a Ukraine-registered insurance company, or a foreign insurance company with an office in Ukraine or a contractual partnership with one of the Ukraine-registered insurance companies. The policy must cover the potential costs of COVID-19 treatment, observation, and be valid for the period of intended stay in Ukraine.

The requirement to present the proof of insurance at border crossing does not apply to:

• foreigners and stateless persons with permanent residency permit on the territory of Ukraine;
• persons recognized as refugees or those in need of subsidiary protection;
• staff members of diplomatic missions and consular posts of foreign states, missions of international organizations accredited in Ukraine, as well as their family members;
• military personnel of NATO and "Partnership for Peace” program member-states, who take part in trainings for the Armed Forces of Ukraine.

There is a general requirement for all persons (citizens of Ukraine, foreigners and stateless persons) arriving in Ukraine from countries with high numbers of COVID-19 cases, as well as for foreigners who are citizens of such countries, to self-isolate upon arrival.

The list of countries considered as those with high numbers of COVID-19 cases is updated regularly and posted on the Ministry of Health of Ukraine official website: https://moz.gov.ua/

The requirement of self-isolation does not apply to the following categories of persons, unless there is a reason to believe they were previously in contact with those infected:

• children under 12 years of age;
• persons arriving in Ukraine to study in higher education facilities;
• citizens of states with high numbers of COVID-19 cases, who have not been to these states 14 days prior to arrival, or are in transit through the territory of Ukraine and have papers proving them leaving the territory of Ukraine within two days after arrival;
• staff members of diplomatic missions and consular posts of foreign states, missions of international organizations accredited in Ukraine, as well as their family members;
• drivers and/or crew members of freight vehicles, buses on regular international routes, aircraft, sea and river ships, trains and locomotives;
• instructors of the armed forces of NATO member states and NATO "Partnership for Peace" program member states, who participate in trainings for the Armed Forces of Ukraine;
• cultural figures arriving at the invitation of cultural institutions as well as one accompanying person for each of them;
• persons transporting hematopoietic stem cells for transplantation;
• persons who have proof of negative polymerase chain reaction (PCR) test for COVID-19 done no more than 48 hours prior.

Persons who self-isolate after crossing the state border of Ukraine must install and activate the appropriate mobile phone app. Those who cannot do that are subject to observation.

Rules of crossing checkpoints into/out of the temporary occupied territories of Ukraine

Foreigners and stateless persons are allowed to cross checkpoints into/out of the temporary occupied territories of Ukraine in the Donetsk and Luhansk regions of Ukraine, the Autonomous Republic of Crimea and the city of Sevastopol, provided they meet the requirements of the “Procedure for entry to the temporarily occupied territory of Ukraine and departure from it” (Decree of the Cabinet of Ministers of Ukraine #367 June 04, 2015) and the “Procedure for the entry of persons, transfer of goods to temporarily occupied territories in the Donetsk and Luhansk regions and the departure of persons and transfer of goods from these territories” (Cabinet of Ministers of Ukraine #815, July 17, 2019) and have an insurance policy certificate issued by a Ukraine-registered insurance company, or a foreign insurance company with an office in Ukraine or a contractual partnership with one of the Ukraine-registered insurance companies. The policy needs to cover the costs of COVID-19 treatment, observation, and has to be valid for the period of intended stay in Ukraine..

There is a general requirement for all persons (citizens of Ukraine, foreigners and stateless persons) crossing the checkpoints into/out of the temporary occupied territories of Ukraine to self-isolate. The exceptions to these are the same as listed above.

Trips to the Ukrainian territories Autonomous Republic of Crimea and the city of Sevastopol

Foreigners and stateless persons may entry the territory of the Autonomous Republic of Crimea and Sevastopol of Ukraine in accordance with the Law and international Treaties of Ukraine.

The Law of Ukraine "On protection of rights and freedoms of citizens and legal regime for the temporarily occupied territory of Ukraine", as amended on 05.09.2014, regulates a procedure for entry of persons in the temporarily occupied territory and the departure from it.

According to Article 10 of the Law the citizens of Ukraine have the right to free and unimpeded access to the temporarily occupied territories andthe departure from it through the control points of entry and exit upon presentation of a document confirming the identity and citizenship of Ukraine.

However, the entry of foreigners and stateless persons to the temporarily occupied territory andthe departure from it is allowed only by special permission through the control points of entry and exit.

As of today, the relevant draft of Regulations on entry-exit procedure of foreigners and stateless persons to the temporarily occupied territory, developed by the Border control Administration, is on the approval with the concerned Ministers.

Thus, the foreigners from countries with visa entry regime, have to apply to the diplomatic missions or consular offices of Ukraine abroad for obtaining a Ukrainian visa.

Foreigners from countries with visa-free entry regime, may entry the Autonomous Republic of Crimea and Sevastopol of Ukraine only if crossing the border at border crossing points across the state border of Ukraine with putting relevant stamps into their passport documents or immigration cards.

However, it is important to know that:

- Violation of order of entry into the temporarily occupied territories of Ukraine and the departure from it for the purpose of harming the interests of the state is punishable by imprisonment for up to three years or imprisonment for the same term, with confiscation of vehicles. The same acts committed repeatedly or by prior conspiracy, or by an official through abuse of office shall be punishable with imprisonment for a term of three to five years with deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years and forfeiture vehicle. The above-mentioned acts committed by an organized group shall be punishable by imprisonment for a term from five till eight years.

- Violation of order of entry into the temporarily occupied territories of Ukraine and the departure from it punishable by a fine from one hundred till three hundred tax-free minimum incomes, or by an administrative arrest for up to fifteen days.

- Entry into Ukraine is not allowed for foreigners or stateless persons:

a. If a person attempts to enter the temporarily occupied territory through the control points of entry - exit without a special permission;

b. Foreigners and stateless persons who arrived to the control points of entry - exit from the temporarily occupied territory without permission, may not travel further and in the shortest time they should be returned to the temporarily occupied territory from which they came, or to a state that issued a passport.

The passport document of the above mentioned foreigners and stateless persons will be stamped mark on the prohibition of entry to Ukraine.

Transit of foreigners and stateless persons through the temporarily occupied territory of Ukraine is prohibited.

Stipulated by this Law legal regime will operate until the restoration of constitutional order of Ukraine on the temporarily occupied territory.