On the ratification of the Agreement on Free Trade between the Government of the Republic of Kazakhstan and the Government of Ukraine
Decree of the President of the Republic of Kazakhstan dated April 20, 1995 N 2216
In accordance with Article 2 of the Republic of Kazakhstan dated December 10, 1993 "On the temporary delegation of additional powers to the President of the Republic of Kazakhstan and heads of local administrations", I decree:
1. To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of Ukraine on free trade, signed in Almaty on September 17, 1994.
2. This Decree shall enter into force from the date of publication.
President
Republic of Kazakhstan
Agreement
between the Government of the Republic of Kazakhstan
and the Government of Ukraine on free trade
(Entered into force on October 19, 1998 - The official website of the Ministry of Foreign Affairs)
The Government of the Republic of Kazakhstan and the Government of Ukraine, hereinafter referred to as the Parties, guided by the provisions of the Treaty of Friendship and Cooperation between the Republic of Kazakhstan and Ukraine dated January 20, 1994, striving to develop trade and economic cooperation between the Republic of Kazakhstan and Ukraine on the basis of equality and mutual benefit, guided by the Agreement of the Council of CIS Heads of State dated April 15, 1994 on creation of a free trade zone, Expressing their determination to develop bilateral relations in the field of trade and economic relations, taking into account the principles of the General Agreement on Tariffs and Trade (GATT), agreed as follows:
Article 1
1. The Parties shall not apply customs duties, taxes and charges having equivalent effects on the export or import of goods originating from the customs territory of one of the Parties and destined for the customs territory of the other Party. Exceptions to this trade regime for an agreed range of goods may be formalized in a separate Protocol, if the Parties deem it necessary. 2. For the purposes of this Agreement and for the period of its validity, goods originating from the customs territories of the Parties are understood to mean goods: a) fully produced in the territory of the Parties or; b) processed on the territory of the Parties using raw materials, materials and components originating from third countries, and therefore changed their affiliation according to the classification of the Harmonized Commodity Description and Coding System according to at least one of the first four characters; c) produced using the raw materials, materials and components specified in subparagraph "b" products. The detailed rules of origin of the goods will be agreed upon by the Parties in a separate document, which will form an integral part of this Agreement.
Article 2
The Parties will not: - directly or indirectly impose internal taxes or fees on goods subject to this Agreement that exceed the relevant taxes and fees levied on similar domestically produced goods or goods originating from third countries; - impose any restrictions on the import or export of goods subject to this Agreement. special restrictions and requirements that, in a similar situation, do not apply to similar domestically produced goods or goods originating from third countries.; - apply rules different from those applied in similar cases to own goods or goods originating from third countries in relation to warehousing, transshipment, storage, transportation of goods originating from another Party, as well as payments and transfer of payments.
Article 3
1. This Agreement does not interfere with the right of any of the Contracting Parties to take generally accepted in international practice measures of state regulation in the field of foreign economic relations, which it considers necessary for the implementation of international treaties to which it is or intends to become a party, if these measures relate to: protection of public morals and public order; protection of human life and health; protection of animals and plants; environmental protection; protection of artistic, archaeological and historical values that constitute the national heritage; protection of industrial and intellectual property; trade in gold, silver or other precious metals and stones; conservation of irreplaceable natural resources; restrictions on exports of products when the domestic price of these products is lower than the world as a result of government support programs; balance of payments violations. 2. Nothing in this Agreement shall prevent the right of either Contracting Party to apply any state regulatory measures that it deems necessary if these measures relate to: ensuring national security, including preventing the leakage of confidential information related to state secrets; trade in weapons, military equipment, ammunition, provision of military services, technology transfer and provision of services for the production of weapons and military equipment and for other military purposes; supplies of fissile materials and sources of radioactive substances, disposal of radioactive waste; measures used in wartime or other emergency circumstances in international relations; actions in fulfillment of its obligations under the UN Charter to preserve international peace and security.
Article 4
By mutual agreement of the Parties, the re-export of certain goods may be limited, according to the volumes and nomenclature determined annually in Agreements on Trade and Economic Cooperation. The re-export of such goods to third countries may be carried out only with written consent and under conditions determined by the authorized agency of the country of origin of these goods. In case of non-compliance with these regulations, the interested Party has the right, after prior consultations with the other Party, to unilaterally introduce measures to regulate the export of such goods to the territory of the other Party that has allowed uncoordinated re-export. Re-export means the export of goods originating from the customs territory of one Party, by the other Party outside its customs territory, for the purpose of export to a third country.
Article 5
The Parties will exchange information on customs issues on a regular basis, including available customs statistics related to the subject of this Agreement, in full. The relevant authorized bodies of the Parties will agree on the procedure for the exchange of such information.
Article 6
1. The Parties will exchange information on the Parties' "Free Trade" Agreements with third countries. 2. The Parties will inform each other about all changes in the customs tariffs in force in their countries.
Article 7
The Parties, in accordance with the laws of the Parties, recognize incompatibility with the objectives of this Agreement and unfair business practices, expressed, in particular, in the following: - in concluding an agreement between enterprises and their associations aimed at preventing or restricting competition or violating the conditions for it in the territories of the Parties; - in committing actions by in which one or more enterprises use their dominant position, limiting competition in all or a significant part of the territories of the Parties.
Article 8
When implementing tariff and non-tariff regulation measures for bilateral economic relations, for the exchange of statistical information, and for customs procedures, the Parties agreed to use a single nine-digit Commodity nomenclature for foreign Economic Activity (HS) based on the Harmonized Commodity Description and Coding System and the Combined Tariff and Statistical Nomenclature of the European Economic Community. At the same time, for the own needs of their states, the Parties, if necessary, develop the Commodity Nomenclature beyond the nine characters. The introduction of a reference copy of the Commodity Nomenclature is carried out on a mutually agreed basis through the existing representative office in the relevant international organizations.
Article 9
Each Party, in accordance with the applicable domestic legislation, will ensure the free transit through its territory of goods originating from the customs territory of the other Party or third countries and destined for the customs territory of the other Party or third country, and will provide exporters, importers or carriers carrying out such transit with the means and services available and necessary to ensure transit on the terms including financial ones that are no worse than those where the same funds and services are provided to exporters and importers., national carriers of any third country. Each Party guarantees the exemption of transit goods originating from the customs territory of the other Party from customs duties and transit fees, and this is formalized by a separate Agreement.
Article 10
Nothing in this Agreement prevents the Parties from carrying out relations with States that are not parties to this Agreement, as well as with their associations and international organizations that do not contradict the goals and conditions of this Agreement.
Article 11
Disputes between the Parties regarding the interpretation or application of the provisions of this Agreement will be resolved through negotiations.
Article 12
Article 12
Based on the objectives of this Agreement and to develop recommendations for improving trade and economic cooperation between the two Countries, the Parties agreed to establish a bilateral Commission. The main tasks of this Commission are: - consideration of issues related to the interpretation and application of this Agreement, as well as dispute resolution between the Parties; - analysis of the development of bilateral trade and economic relations; - development of proposals to improve the conditions of trade and economic cooperation between the two states and the prospects for its further development; - consideration of export control issues, including lists of goods subject to control, methods and forms of export control, facts of violations of export control requirements, preparation of proposals for the introduction and lifting of sanctions; - consideration of the implementation of this Agreement and the development of relevant recommendations. Meetings of the Commission are held on the proposal of one of the Parties, but at least once a year, alternately in the Republic of Kazakhstan and Ukraine.
Article 13
This Agreement shall enter into force after the exchange of notes in which the Contracting Parties notify each other of the completion of the internal procedures necessary for its entry into force and will remain in force until one of the Contracting Parties notifies the other Contracting Party in writing 6 months in advance of its intention to terminate it. Done in Almaty on September 17, 1994, in two original copies, each in the Kazakh, Ukrainian and Russian languages, all texts being equally authentic. In case of disagreement between the Contracting Parties regarding the interpretation, application or implementation of this Agreement, the Contracting Parties will be guided by the text of the Agreement in Russian.
President
Republic of Kazakhstan
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