On approval of the protocol on amendments and additions to the Free Trade Agreement between the Government of the Republic of Kazakhstan and the Government of Georgia dated November 11, 1997

Home / RLA / On approval of the protocol on amendments and additions to the Free Trade Agreement between the Government of the Republic of Kazakhstan and the Government of Georgia dated November 11, 1997

Law of the Republic of Kazakhstan dated September 30, 2005 No. 78

Approve the protocol on amendments and additions to the Free Trade Agreement of November 11, 1997 between the Government of the Republic of Kazakhstan and the Government of Georgia, concluded in Geneva on November 11, 2004.

President Of The Republic Of Kazakhstan

Protocol on amendments and additions to the Free Trade Agreement between the Government of the Republic of Kazakhstan and the Government of Georgia dated November 11, 1997

The Government of the Republic of Kazakhstan and the Government of Georgia, hereinafter referred to as the parties, agreed on the introduction of the following amendments and additions to the Free Trade Agreement between the Government of the Republic of Kazakhstan and the Government of Georgia dated November 11, 1997 (hereinafter referred to as the agreement:

1. in Article 2 of the agreement: in Paragraph 1, the words: "annually" should be omitted;

Before the word "protocol" should be supplemented with the words "which are an integral part of this Agreement;

add the second paragraph as follows: "the parties agreed to cancel withdrawals from the free trade regime in force between the Republic of Kazakhstan and Georgia in accordance with the specified protocol, which is an integral part of this agreement, in accordance with the attached schedule of phased cancellation of withdrawals from the free trade regime between the Republic of Kazakhstan and Georgia.";

Delete item 2;

paragraph 3 should be considered paragraph 2 with the following wording: "2. goods originating from the customs territory of the states of the parties for the purposes of this Agreement and for the period of its application are those whose origin is determined in accordance with the rules for determining the countries of origin of goods, approved by the decision of the Council of heads of governments of the Commonwealth of Independent States dated November 30, 2000.".

2.the agreement should be supplemented with an annex in accordance with the annex to this protocol. This protocol is an integral part of the agreement and comes into force from the date of receipt by the parties of the last written notification of the implementation of the internal procedures necessary for its entry into force.

Created on November 11, 2004 in Geneva in two original copies, each in Kazakh, Georgian and Russian, and all texts are equally valid. In case of disagreement in the course of explaining the provisions of this protocol, the parties will refer to the text in Russian.

For the Government of the Republic of Kazakhstan for the Government of Georgia

Appendix to the protocol on amendments and additions to the Free Trade Agreement between the Government of the Republic of Kazakhstan and the Government of Georgia dated November 11, 1997

"Appendix to the Free Trade Agreement between the Government of the Republic of Kazakhstan and the Government of Georgia dated November 11, 1997

Schedule of phased elimination of withdrawals from the free trade regime between the Republic of Kazakhstan and Georgia

Code of foreign economic activity

Product name

Terms of cancellation of withdrawals

2203

Malt beers:

April 1, 2005

2205

Natural wines made from vermouths and other grapes with the addition of vegetable or aromatic substances

April 1, 2005

2206

Other fermented beverages (Apple Cider, Perry/pear cider/ honey drink); fermented beverage additives and fermented beverage additives and soft drinks not mentioned elsewhere

April 1, 2005

2207

Non-denatured ethyl alcohol with an alcohol content of 80% or more; ethyl alcohol and other denatured alcohols of any mixture

January 1, 2006

Tobacco and industrial substitutes for tobacco

April 1, 2005

1701 99 100

White sugar

April 1, 2005

I hereby certify the accuracy of this copy of the protocol on amendments and additions to the Free Trade Agreement between the Government of the Republic of Kazakhstan and the Government of Georgia dated November 11, 1997, concluded in Geneva on November 11, 2004.

Advisor to the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan

Free Trade Agreement between the Government of the Republic of Kazakhstan and the Government of Georgia

The Government of the Republic of Kazakhstan and the Government of Georgia, hereinafter referred to as the parties, reaffirm their commitment to the free development of mutual economic cooperation, recognizing that the free movement of goods and services, taking into account the existing integration economic ties between the Republic of Kazakhstan and Georgia, requires the implementation of mutually agreed measures, Confirming that the Republic of Kazakhstan and Georgia adhere to the principles of the General Agreement on tariffs and trade (TSBK) and the World Trade Organization (WTO), they agreed on the following:

Article 1

The parties, guided by the principles of equal rights, mutual benefit and interest, will develop and expand trade and economic relations between subjects of economic activity, regardless of the types of property, on the basis of direct economic relations, in compliance with the legislative acts in force in the States Parties. Each of the parties will not commit acts of economic damage to the other party.

Article 2

1.the parties shall not apply customs duties, taxes of adequate force, except for fees on customs clearance of goods leaving the customs territory of one party and intended for the customs territory of the other party, as well as quantitative restrictions on export and/or import. Every year, on a bilateral basis, the goods are withdrawn from the specified trading order according to the agreed nomenclature, which is drawn up in a separate protocol. 2. The parties, in accordance with paragraph 1 of this article, annually develop and agree on a list of those withdrawn from the Free Trade Order, as well as general methods of applying these withdrawn ones. 3.for the purposes of this Agreement and for the period of its validity, goods originating from the customs territory of the States Parties are goods established by the rules determined by the country of origin of the goods in accordance with international norms.

Article 3

each party shall: - not impose, directly or indirectly, internal fees or taxes in excess of the relevant taxes or fees on similar goods of domestic production or goods originating from a third country on the goods under which this agreement applies;-shall not apply rules other than those applicable in such cases to its own goods or goods originating from a third country.

Article 4

The parties shall refrain from the export and/or import of goods in mutual trade under this agreement, from applying discriminatory measures, quantitative restrictions or adequate measures to them. The parties may unilaterally assign quantitative or other special restrictions only for a certain period, approximately and strictly according to reason. These restrictions must be exclusive in nature and may apply only in the case of agreements provided for under the TSBK and WTO. In accordance with this article, the party applying quantitative restrictions must provide the other party with detailed information on the main reasons for introducing the application of these restrictions, its form and estimated deadlines, as early as possible, after which a consultation is appointed. The quantitative restrictions mentioned in Paragraph 1 of the article, as well as by mutual agreement of the parties, may be established and drawn up in a protocol.

Article 5

The parties shall not allow the re-export of the same goods, applying tariff or non-tariff regulation measures in relation to its export by the other party from whose territory these goods have left. The parties exclude lists of goods to which tariff or non-tariff regulatory measures are applied. Such goods may be re-exported to a third country with the written consent of the authorized body of the state of the country of origin of these goods and under the same conditions. In case of non-compliance with these rules, the party whose interests are distorted has the right to introduce measures to unilaterally regulate the export of goods to the territory of the party that allowed unauthorized re-export. In case of unauthorized re-export, the country of origin of the goods may require compensation and apply a fine. In this article, re-export refers to the export of goods outside the customs territory by another party for the purpose of exporting goods to a third country.

Article 6

All settlements and payments on trade and economic cooperation between the parties must be carried out in accordance with the interbank agreement on the organization of settlements between the authorized banks of the parties.

Article 7

The parties will regularly receive information on laws and other regulatory acts related to economic activity, including trade, investment, taxation, banking, insurance and other financial services, transport and customs, including customs statistics. The parties shall inform each other without delay about changes in national laws that may contribute to the implementation of this Agreement. The procedure for obtaining such information is agreed by the authorized bodies of the parties. The provisions of this article shall not be interpreted in such a way as to oblige the competent authorities of any party to provide information that cannot be obtained under the law of one of the parties or in the course of ordinary administrative practice; to provide information that contains any trade, entrepreneurial, industrial, commercial or professional secret or disclosure of which is contrary to the state interests of the parties.

Article 8

The parties recognize negative business practices as not meeting the objectives of this Agreement and, in particular, undertake not to allow the following methods of its implementation, whether in extreme cases: - contracts concluded between enterprises with the aim of hindering or restricting competition in the territory of the States Parties or distorting the conditions created for IT, decisions taken by the Association of enterprises and general methods of business practice; - Actions of one or more enterprises using their dominant position, limiting competition in all or a significant part of the territory of the states of the party.

Article 9

In the implementation of tariff and non-tariff regulation measures of bilateral economic relations, the parties will use nine single characters of the commodity nomenclature of foreign economic activity (TN FEA), based on a harmonized system of description and coding of goods and the Quranic tariff and statistical nomenclature of the European Economic Union, to exchange statistical information, conduct customs procedures. At the same time, the parties, when necessary for their own needs, develop a product nomenclature beyond nine characters. A reference version of the commodity nomenclature is introduced on a mutually agreed basis through the powers of the relevant international organizations.

Article 10

The parties agree that compliance with the principle of freedom of transit is the most important condition for achieving this Agreement and a significant link in the process of joining the international system of division of Labor and cooperation. In this regard, each party shall ensure the unhindered transit through its territory of goods originating from the customs territory of the other party and/or a third country and intended for the customs territory of the other party or any third country and shall create all conditions at its disposal to ensure the transit of means and services to exporters, importers or carriers in such a way that they are The order and condition for the passage of goods across the territory of states is regulated in accordance with the rules of international transportation.

Article 11

If these measures relate to the following, this Agreement shall not impede the right of either party to apply generally accepted measures in international practice, which are unconditionally necessary for the fulfillment of international treaties in which it deems necessary to protect its vital interests or in which it is present or intends to participate, which are: the interests of national defense; trade in arms, ammunition and military equipment; research for industries related to the need for defense; provision of materials and equipment used in the nuclear industry; protection of public morality, public order; protection of industrial or mental property; protection of gold, silver or other precious metals and precious stones; protection of human health and the environment.

Article 12

The parties will regularly consult and take mutually agreed measures in relation to a third country in order to implement a coherent export control policy to create an effective export control system.

Article 13

The provisions of this Agreement replace the provisions of previously concluded bilateral agreements between the parties to the extent that they do not correspond to this Agreement or are similar to it.

Article 14

Disputes between the parties regarding the interpretation or application of the provisions of this agreement will be resolved by negotiations. The parties will seek to avoid a tense situation on the issue of mutual trade. Each party shall ensure that its territory has effective instruments for the recognition and implementation of decisions of the arbitration court.

Article 15

If necessary, this Agreement may be amended and supplemented by agreement of the parties.

Article 16

This Agreement shall enter into force from the date of receipt of written notification by the parties of the implementation of the internal state procedures necessary for this and shall be valid until the expiration of six months from the date when one of the parties sends the other party a written notification of its intention to terminate this Agreement. After the termination of this agreement, its provisions shall apply to contracts concluded but not fulfilled between enterprises and organizations of the two countries during its validity period, but for a period not exceeding six months. It was created on November 11, 1997 in Almaty, in two original copies, each in Kazakh, Georgian and Russian, and all texts have the same power. In order to clarify the provisions of this Agreement, the Russian-language text shall prevail.

For the Government of the Republic of Kazakhstan for the Government of Georgia

I hereby certify the accuracy of copies of the original of the Free Trade Agreement between the Government of the Republic of Kazakhstan and the Government of Georgia concluded in Almaty on November 11, 1997 and the protocol concluded in Almaty on November 11, 1997, which is an integral part of this Agreement.

Advisor to the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan

Protocol on withdrawal from the free trade order in the agreement between the Government of the Republic of Kazakhstan and the Government of Georgia dated November 11, 1997

Authorized representatives of the Republic of Kazakhstan and Georgia have drawn up this protocol on the following:

Article 1

The charges provided for by Article 2 of the Free Trade Agreement 11.11 of 1997 between the Government of the Republic of Kazakhstan and the Government of Georgia apply to goods exported from Georgia to the Republic of Kazakhstan in accordance with annex N 1. The list of goods exported from the Republic of Kazakhstan to Georgia will be determined if necessary.

Article 2

1. The Parties shall create the most favorable conditions for each other in respect of the goods to which, in accordance with Article 1 of this protocol, are subject to the free trade procedure, including:-fees and taxes levied upon export (with respect to the goods referred to in Annex N 1), including the method of collecting such fees;-rules regarding transit, transportation, collection, transshipment and other such services; - payment and payment transfer methods; - issuance of import licenses; - rules regarding the sale, purchase, transportation, distribution and use of goods in the domestic market. 2.the provisions of Paragraph 1 of this article shall not apply to:-the priorities assigned by either party to a third country for the purpose of establishing a customs union or free trade zone, or as a result of the establishment of such union or zone; - the priorities assigned to developing countries in accordance with the laws of the parties;-the priorities assigned to neighboring countries for the purpose of facilitating trade along the border; - the priorities assigned to each other by the parties in accordance with special agreements.

Article 3

In accordance with their own laws on licensing and quotas for the export and import of goods (works and services) used in customs clearance during the export and import of goods into the customs territory of the states parties, the parties observe non-tariff regulation measures in mutual trade.

Article 4

This protocol becomes an integral part of the agreement between the Government of the Republic of Kazakhstan and the Government of Georgia on free trade dated November 11, 1997 and enters into force simultaneously with this Agreement. This protocol is valid for the period prior to the conclusion of the new protocol provided for by Article 2 of the agreement between the Government of the Republic of Kazakhstan and the Government of Georgia on free trade on November 11, 1997. Made on November 11, 1997, in Almaty, in two original copies, each in Kazakh, Georgian and Russian.

For the Government of the Republic of Kazakhstan for the Government of Georgia

Appendix N 1 to the Protocol on withdrawal from the Free Trade Order in the Free Trade Agreement between the Government of the Republic of Kazakhstan and the Government of Georgia dated November 11, 1997

List of goods in Georgia subject to withdrawal from the free trade order when exported to the Republic of Kazakhstan

Product name

Code of VED TN

Alcoholic and non-alcoholic beverages

Group 22(2201, 2202, 2204, 2208, 2209-other than

Tobacco, industrial substitutes for tobacco

Group 24

Sugar

1701 99 100

Note: alcoholic products, not counting wines and cognacs. The volume of deliveries and brands of wines and cognacs supplied from Georgia are regulated in accordance with quotas, which are approved annually.

Advisor to the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan

President

Republic of Kazakhstan

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