On signing an Agreement between the Republic of Kazakhstan and the Russian Federation on the application of international treaties within the framework of the formation of the Customs Union
Decree of the President of the Republic of Kazakhstan dated May 25, 2010 No. 988
In accordance with Article 8 of the Law of the Republic of Kazakhstan "On International Treaties of the Republic of Kazakhstan"
I DECREE:
1. To approve the attached draft Agreement between the Republic of Kazakhstan and the Russian Federation on the application of international treaties within the framework of the formation of the Customs Union.
2. To authorize Prime Minister of the Republic of Kazakhstan Karim Masimov to sign on behalf of the Republic of Kazakhstan an agreement between the Republic of Kazakhstan and the Russian Federation on the application of international treaties within the framework of the formation of the customs union with the right to make amendments and additions to it that are not fundamental.
3. This Decree shall enter into force from the date of signing.
President of the Republic of Kazakhstan N. Nazarbayev
APPROVED By Decree of the President of the Republic of Kazakhstan dated May 25, 2010 No. 988
Project
contract
between the Republic of Kazakhstan and the Russian Federationin the application of international treaties within the framework of the customs union
The Republic of Kazakhstan and the Russian Federation, hereinafter referred to as the Parties, guided by generally recognized principles and norms of international law, in order to form a customs union within the framework of the Eurasian Economic Community and ensure customs regulation in the single customs territory of the Customs Union, taking into account the obligations of the member States of the Customs Union to apply and comply with the provisions of international treaties concluded within the framework of formation of the Customs Union, have agreed on the following:
Article 1
For the purposes of implementing this Agreement: 1) the single customs territory of the Customs Union means the territories of the Parties, as well as artificial islands, installations, structures and other objects located outside the territories of the Parties, in respect of which the Parties have exclusive jurisdiction.; 2) goods of the customs Union are understood to mean goods located in the customs territory of the Customs Union: goods completely produced in the territories of the Parties, imported into the customs territory of the Customs Union and acquired the status of goods of the customs Union in accordance with the Customs Code of the Customs Union and other international treaties of the Parties as member states of the Customs Union, manufactured in the territories of the Parties from goods specified in paragraphs two and three of this subparagraph, and (or) foreign goods, and acquired the status of goods of the Customs Union in accordance with the Customs Code of the Customs Union and other international treaties of the Parties as member states of the Customs Union; 3) third countries are understood to be states that are not Parties to this Treaty.; 4) the customs legislation of the Customs Union means the Customs Code of the Customs Union, as well as international agreements governing customs relations between the Parties as member states of the Customs Union, decisions of the Commission of the Customs Union and decisions taken by representatives of the Parties in the Commission of the Customs Union in accordance with Article 4 of this Treaty.
Article 2
1. The Parties shall apply the existing international agreements that constitute the legal framework of the Customs Union, as well as decisions of its bodies adopted in accordance with the established procedure. 2. The Parties shall apply international agreements signed by the Parties on a bilateral basis: the Agreement on the Customs Code of the Customs Union of November 27, 2009; Protocol of April 16, 2010 on amendments and Additions to the Agreement on the Customs Code of the Customs Union of November 27, 2009; Agreement on the Establishment and Application in the Customs Union of the procedure for Crediting and Distributing Import Customs duties (Other duties, taxes and Charges having Equivalent Effect) dated May 20, 2010; Agreement on the Unified Register of Intellectual Property Objects of the Customs Union Member States dated May 21, 2010; Agreement on Mutual Administrative Assistance of the Customs Authorities of the Customs Union Member States dated May 21, 2010; Agreement on the requirements for the Exchange of information between Customs authorities and other state bodies of the Member States of the Customs Union dated May 21, 2010; Agreement on the Grounds, Conditions and Procedure for Changing the terms of Payment of Customs Duties dated May 21, 2010; Agreement on the Submission and Exchange of Preliminary Information on Goods and Vehicles Transported across the Customs Border Customs Union dated May 21, 2010; Agreement on certain Issues of Providing security for the Payment of Customs Duties and taxes in Respect of Goods Transported in accordance with the Customs Procedure of Customs Transit, the Specifics of Collecting Customs Duties and Taxes and the Procedure for Transferring Collected Amounts in Respect of such Goods dated May 21, 2010; Agreement between the Government of the Republic of Belarus, the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the specifics of customs transit of goods transported by Rail through the customs Territory of the Customs Union dated May 21, 2010; Agreement on the Principles of Levying Indirect Taxes on the Export and Import of Goods, performance of Works, provision of services in the Customs Union dated January 25, 2008; Protocol of December 11, 2009 on Amendments to the Agreement on the Principles of Levying Indirect Taxes on the Export and Import of Goods, Works, and Services in the Customs Union of January 25, 2008; Protocol on the Procedure for Levying Indirect Taxes and the Mechanism for Monitoring their Payment in the Export and Import of Goods in the Customs Union of December 11, 2009 Protocol on the procedure for collecting Indirect taxes in the performance of works and services in the Customs Union dated December 11, 2009. 3. The international treaties referred to in paragraph 2 of this article shall be applied subject to notification of their ratification by the Republic of Kazakhstan to the depositary. This condition does not apply to international treaties providing for their temporary application before ratification.
Article 3
1. Agreement on the Establishment and Application in the Customs Union of the procedure for Crediting and Distributing Import Customs duties (Other duties, taxes and Charges having Equivalent Effect) dated May 20, 2010, it is applied by the Parties from the first day of the month following the month of entry into force of this Agreement, subject to the conditions specified in paragraph 3 of Article 2 of this Agreement. 2. The Parties shall not apply paragraph 3 of Article 5 of the Agreement on the Establishment and Application in the Customs Union of the Procedure for Crediting and Distributing Import Customs duties (other duties, taxes and charges having Equivalent Effect) dated May 20, 2010. For the purposes of applying the said Agreement, the standards for the distribution of import customs duties for each Party are set at the following amounts: the Republic of Kazakhstan - 7.69%; the Russian Federation - 92.31%.
Article 4
For the purposes of application by the Parties of the Customs Code of the Customs Union and other international treaties specified in paragraph 2 of Article 2 of this Treaty, from July 1, 2010, the powers and functions of the Customs Union Commission provided for by the Customs Code of the Customs Union and other international treaties specified in paragraph 2 of Article 2 of this Treaty shall be implemented by representatives of the Parties to the Customs Union Commission on a bilateral basis. The relevant decisions are made by them on the basis of consensus. The representatives of the Parties in the Customs Union Commission are guided in their activities The Rules of Procedure of the Customs Union Commission dated November 27, 2009, to the extent that they do not contradict the objectives of this Agreement.
Article 5
By July 15, 2010, the Parties will sign an international agreement defining the procedure for making decisions on the application of special protective, antidumping and countervailing measures in force in the Parties as of July 1, 2010, as well as decisions based on the results of investigations completed or conducted by the Parties as of July 1, 2010 in the framework of the single customs territory of the Customs Union. in accordance with the national legislation of the Parties, decisions based on the results of which have been taken, as well as the decision-making procedure for the introduction of special protective measures, anti-dumping and countervailing measures in the single customs territory of the Customs Union.
Article 6
The Parties shall apply the customs legislation of the Customs Union and other international agreements concluded within the framework of the formation of the Customs union, to the extent that they do not contradict this Agreement.
Article 7
1. Disputes between the Parties related to the interpretation and/or application of the provisions of this Agreement shall be resolved primarily through negotiations and consultations. 2. If the dispute is not resolved by the parties to the dispute through negotiations and consultations within six months from the date of the official written request for their holding sent by one of the parties to the dispute to the other party to the dispute, then in the absence of any other agreement between the parties to the dispute regarding the method of its resolution, either party to the dispute may refer the dispute to the Court of the Eurasian Economic Community for consideration.
Article 8
This Agreement shall enter into force on the date of the last written notification that the Parties have completed the internal procedures necessary for the entry into force of this Agreement and shall apply provisionally from July 1, 2010.
Committed in the city __________ _________ 2010 in two original copies in Russian.
For the Republic of Kazakhstan For the Russian Federation
President
Republic of Kazakhstan
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