On ratification of the Agreement on Free Trade between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic
Decree of the President of the Republic of Kazakhstan dated November 1, 1995 N 2591
I decree: 1. To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on free trade, signed in Bishkek on June 22, 1995. 2. This Decree shall enter into force from the date of publication.
President of the Republic of Kazakhstan
Agreement
between the Government of the Republic of Kazakhstan and
By the Government of the Kyrgyz Republic
about free trade
(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - Entered into force on November 11, 1995)
(unofficial text) The Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic, hereinafter referred to as the Parties, striving to develop trade and- economic cooperation between the Republic of Kazakhstan and the Kyrgyz Republic on the basis of equality and mutual benefit, guided by the Agreement of the CIS Council of Heads of State dated April 15, 1994 on the establishment of a free trade zone, expressing their determination to promote the harmonious development and growth of world trade, the removal of barriers to its development, agreed as follows:
Article 1 1. The Parties shall not apply customs duties having equivalent effects on the export and/or import of goods originating from the customs territory of one of the Parties and destined for the customs territory of the other Party. Withdrawals from this trade regime for the agreed range of goods will be formalized annually by a separate Protocol. 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, in this regard, having changed their classification according to 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).
Article 2 The Parties will not: - directly or indirectly impose internal taxes or charges on goods subject to this Agreement that exceed the relevant taxes and charges levied on similar domestically produced goods or goods originating from third countries; - to introduce any special restrictions and requirements with respect to the import or export of goods subject to this Agreement, which in a similar situation do not apply to similar goods of domestic production or goods originating from third countries; - to apply with respect to warehousing, transshipment, storage, transportation of goods originating from another Party, as well as The rules for payments and transfer of payments are different from those that apply in similar cases to own goods or goods originating from third countries.
Article 3 The Parties in mutual trade will refrain from applying discriminatory measures, imposing quantitative restrictions or equivalent measures on the export and/or import of goods under this Agreement. The Parties may establish quantitative restrictions unilaterally, but only within reasonable limits and for a strictly defined period. These restrictions should be of an exceptional nature and can only be applied in cases of an acute shortage of this product on the domestic market and an acute deficit in the bacle 3 The Parties in mutual trade will refrain from applying discriminatory measures, imposing quantitative restrictions or equivalent measures on the export and/or import of goods under this Agreement. The Parties may establish quantitative restrictions unilaterally, but only within reasonable limits and for a strictly defined period. These restrictions should be of an exceptional nature and can only be applied in cases of an acute shortage of this product on the domestic market and an acute deficit in the balance of payments. The Party applying quantitative restrictions in accordance with this Article should, as far as possible, provide the other Party with full information in advance on the main reasons for the introduction, forms and expected dates of application of the said restrictions, after which consultations are scheduled. The introduction of quantitative restrictions in accordance with this article is formalized by a separate protocol.
Article 4 All settlements and payments on trade and economic cooperation between the economic entities of the Parties will be carried out in accordance with the agreement between the authorized banks of the Parties.
Article 5 The Parties agree that issues related to the re-export of goods are regulated by the Agreement on the Re-Export of Goods and the Procedure for Issuing a Re-export Permit dated April 15, 1994. In case of non-compliance with the aboveArticle 5 The Parties agree that issues related to the re-export of goods are regulated by the Agreement on the Re-Export of Goods and the Procedure for Issuing a Re-export Permit dated April 15, 1994. In case of non-compliance with the above-mentioned Agreement, 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.
Article 6 The Parties will exchange information on a regular basis on laws and other regulations related to economic activities, including trade, investment, taxation, banking and insurance activities and other financial services, transport and customs issues, including customs statistics. The Parties will promptly inform each other about changes in national legislation that may affect the implementation of this Agreement. The authorized bodies of the Parties will agree on the procedure for the exchange of such information.
Article 7 The Parties will strive to bring closer the levels of customs duties applied in trade with third countries, and for this purpose have agreed to hold regular consultations. The Parties will inform each other about the current customs tariffs and all exceptions to them.
Article 8 The Parties recognize unfair business practices as incompatible with the objectives of this Agreement and undertake to prevent and eliminate the following, in particular, its methods: - contracts between enterprisesArticle 8 The Parties recognize unfair business practices as incompatible with the objectives of this Agreement and undertake to prevent and eliminate the following, in particular, its methods: - contracts between enterprises, decisions taken by their associations, and general business practices aimed at preventing or restricting competition or violating the conditions for it in the territory of the Parties; - actions by which one or more enterprises use their dominant position, limiting competition in all or a significant part of the territory of the Parties.
Article 9 When implementing measures of tariff and non-tariff regulation of bilateral economic relations, for the exchange of statistical information, and 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 CArticle 9 When implementing measures of tariff and non-tariff regulation of bilateral economic relations, for the exchange of statistical information, and 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 10 The Parties agree that respect for the principle of freedom of transit is an essential condition for achieving the objectives of this Agreement and an essential element ocle 10 The Parties agree that respect for the principle of freedom of transit is an essential condition for achieving the objectives of this Agreement and an essential element of the process of their integration into the system of international division of labor and cooperation. In this regard, each Party will ensure unhindered 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 terms, including financial, no worse than those where the same facilities and services are provided to exporters, importers, and national carriers of any third country. The Parties will not require payment for warehousing, transshipment, storage and transportation of goods in the currency of any third country.
Article 11 This Agreement does not interfere with the right of either Party to take measures generally accepted in international practice that it considers necessary to comply with international treaties to which it is or intends to become a party, if these measures relate to: information affecting the interests of national defense; trade in weapons, ammunition and military equipment; research or production related to defense needs; supplies of materials and equipment used in the nuclear industry; protection of public morals and public order; protection of industrial and intellectual property; trade in gold, silver or other precious metals and stones; protection of human life and health, animals and plants.
Article 12 In order to implement a coordinated export control policy with respect to third countries, the Parties will hold regular consultations and take mutually agreed measures to establish an effective export control system.
Article 13 The provisions of this Agreement replace the provisions of agreements concluded earlier between the Parties, to the extent that the latter are either incompatible with the former or identical to them.
Article 14 Nothing in this Agreement prevents the Parties from establishing 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 15 Disputes between the Parties regarding the interpretation or application of the provisions of this Agreement will be settled through negotiations. The parties will strive to avoid conflict situations in mutual trade. The Parties determine that claims and disputes between business entities of both countries, as a result of the interpretation or execution of commercial contracts or transactions, in cases where it is impossible to resolve them amicably through consultations and negotiations, and, unless otherwise agreed, will be the exclusive competence of arbitration courts (permanent or "ad hoc") established on the basis of the territories of the Parties or on the territory of third States, which are determined by the Signatories of the contract. The latter can also determine the applicable substantive law, rules and procedures, as well as the location of the hearing. Each Party shall ensure that effective means for the recognition and enforcement of arbitral awards are available on its territory.
Article 16 In order to achieve the objectives of this Agreement and develop recommendations for improving trade and economic cooperation between the two States, the Parties agreed to establish a joint Kazakh-Kyrgyz commission.
Article 17 This Agreement shall enter into force on the date of receipt of a written notification that the Parties have completed the internal procedures provided for by their national legislation. This Agreement is concluded for a period of five years and will be automatically extended for the next five years, unless one of the Parties notifies the other Party in writing six months in advance of its intention to terminate it. Done in Bishkek on June 22, 1995, in two original copies in the Kazakh, Kyrgyz and Russian languages, all texts being equally authentic. In case of disagreement between the Parties on the text of this Agreement, the Parties will be guided by the text in Russian.
Protocol on Exemptions from the Free Trade Regime to Agreement between the Government of the Republic of Kazakhstan and By the Government of the Kyrgyz Republic on free trade dated June 22, 1995
The plenipotentiary representatives of the Republic of Kazakhstan and the Kyrgyz Republic have concluded this Protocol on the following:
Article 1 The exemptions provided for in article 1 of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on Free Trade dated June 22, 1995, apply to: 1. Goods subject to the legislation of the Republic of Kazakhstan on the procedure for the export and import of goods, functioning from the moment of customs clearance of goods, in particular for: - goods exported on the basis of registration of contracts; - goods exported and imported under licenses based on the permission of the Cabinet of Ministers of the Republic of Kazakhstan; - strategically important resources; - goods imported under licenses. 2. Goods subject to the Kyrgyz legislation on the export tariff, as well as legislation on licensing and quotas for the export of goods (works, services) in force at the time of customs clearance of goods when they are exported from the Kyrgyz Republic to the Republic of Kazakhstan.
Article 2 1. Exemptions from the free trade regime in accordance with article 1 of this Protocol apply to goods subject to Kazakhstan's export tariff legislation. The Parties also provide a favored nation regime with respect to: - taxes and fees levied on exports, including methods of collection of such taxes and fees; - provisions concerning customs clearance of transit, transportation, warehousing, transshipment and other similar services; - payment methods and transfer of payments; - issuance of export licenses and certificates; - rules concerning the sale, purchase, transportation, distribution and use of goods on the domestic market. 2. The provisions of paragraph 1 of this Article shall not apply to: - advantages provided by any of the Parties to third countries for the purpose of establishing a customs union or free trade zone or as a result of the establishment of such a union or zone; - advantages provided to developing countries in accordance with the legislation of the Parties; - advantages provided to neighboring countries in order to facilitate cross-border trade; - advantages provided by the Parties to each other in accordance with special agreements.
Article 3 1. This Protocol is an integral part of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on Free Trade dated June 22, 1995 and enters into force simultaneously with the said Agreement. 2. This Protocol is valid for the period until the conclusion of a new Protocol provided for in Article 1 of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on Free Trade dated June 22, 1995.
Done in Bishkek on June 22, 1995, in two original copies, each in Kazakh, Kyrgyz and Russian languages.
President
Republic of Kazakhstan
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