On Ratification of the Protocol on Amendments and Additions to the Agreement on Ensuring the Free and Equal Right of Individuals to Cross the Borders of the Member States of the Customs Union and their Unhindered Movement of Goods and Currency dated November 24, 1998

Law of the Republic of Kazakhstan dated July 21, 2007 No. 289

     To ratify the Protocol on Amendments and Additions to the Agreement on Ensuring the Free and Equal Right of Individuals to Cross the Borders of the Member States of the Customs Union and their Unhindered Movement of Goods and Currency dated November 24, 1998, signed in Moscow on October 28, 2003.

     President of the Republic of Kazakhstan

 PROTOCOL on Amendments and Additions to the Agreement on Ensuring the Free and Equal Right of Individuals to Cross the Borders of the Participating States Customs Union and their unhindered movement of goods and currency dated November 24, 1998

     The Government of the Republic of Belarus and the National Bank of the Republic of Belarus, the Government of the Republic of Kazakhstan and the National Bank of the Republic of Kazakhstan, the Government of the Kyrgyz Republic and the National Bank of the Kyrgyz Republic, the Government of the Russian Federation and the Central Bank of the Russian Federation, the Government of the Republic of Tajikistan and the National Bank of Tajikistan, hereinafter referred to as the Parties,       Implementing the provisions of the Agreement on Ensuring the Free and Equal Right of Individuals to Cross the Borders of the Member States of the Customs Union and their Unhindered Movement of Goods and Currency dated November 24, 1998 (hereinafter referred to as the Agreement), taking into account the current stage of formation of the single customs territory of the Member States of the Customs Union and the real state of their national economies, agreed as follows:

 Article 1

     To make the following changes and additions to the Agreement:       1) the second paragraph of Article 1 after the words "in the member states of the Customs Union" should be supplemented with the words "including those temporarily located outside them"; 2) in the first paragraph of Article 7, the words "across their internal customs borders" should be replaced with the words "inside the single customs territory of the member states of the Customs Union", the words "subject to the provisions of Article 8, "delete; 3) in the second paragraph of Article 7, the words "across internal customs borders" should be replaced by the words "within the single customs territory";       4) paragraphs four to six of Article 7 should be deleted; 5) Articles 8 and 9 should be worded as follows:

"Article 8

     The Parties agreed that prior to the creation of a single customs territory of the member States of the Customs Union, individuals have the right to freely import/export foreign currency in cash through the internal and external customs borders of the member States of the Customs Union in an amount equal to and not exceeding exceeding the equivalent of 3,000 US dollars.       In case of import/export by an individual through the internal and external customs borders of the member States of the Customs Union of foreign currency in cash exceeding the equivalent of USD 3,000, the procedure established by the legislation of the member State of the Customs Union to which / from which such currency is imported/exported applies. In this case, the customs declaration issued by the customs authority when an individual imports foreign currency in cash into a member State of the Customs Union is a sufficient reason for its export from that state (within the amount specified in the declaration).

Article 9

     Prior to the creation of a single customs territory of the member States of the Customs Union, the movement of national currencies of the member States of the Customs Union across their customs borders is carried out in accordance with the procedure established by the legislation of the member State of the Customs Union from which the currency is exported/imported.       As the economic situation in the member States of the Customs Union changes, the Parties may establish other agreed norms for the import/export of foreign currency in cash by individuals across the internal and external customs borders of the member States of the Customs Union."       Each member State of the Customs Union retains the right to establish, in the event of a critical balance of payments situation, a different rate of maximum export from the customs territory of its state by one individual of the currency of third countries and the national currency. This State informs the other member States of the Customs Union about the establishment of such a norm."

 Article 2

     This Protocol shall enter into force on the date of receipt by the depositary of the last written notification that the Parties have completed the internal procedures necessary for its entry into force.

 Article 3

     From the date of entry into force of this Protocol, the Protocol on the Procedure and Norm for the Unhindered Export by Individuals of the Member States of the Customs Union of Cash and Foreign Currency to Third Countries dated May 23, 2000, shall expire.

     Done in Moscow on October 28, 2003.       The original copy of this Protocol shall be kept by the Integration Committee of the Eurasian Economic Community, which will send a certified copy to each Party.

     For the Government For the National Bank       Republic of Belarus            Republic of Belarus

     For the Government For the National Bank       Republic of Kazakhstan           Republic of Kazakhstan

     For the Government For the National Bank       Of the Kyrgyz Republic          Of the Kyrgyz Republic

     For the Government For the Central Bank       Of the Russian Federation           Of the Russian Federation

     For the Government For the National Bank       Republic of Tajikistan         Tajikistan

     I hereby certify that this text is a certified copy of the certified copy of Decision No. 143 of the Interstate Council of the Eurasian Economic Community "On the Protocol on Amendments and Additions to the Agreement on Ensuring the Free and Equal Right of Individuals to Cross the Borders of the Member States of the Customs Union and their Unhindered Movement of Goods and Currency dated September 24, 1998", signed on September 28 October 2003 in Moscow.

     Head of the Department International Law Department    Ministry of Foreign Affairs        Republic of Kazakhstan

 AGREEMENT on ensuring the Free and Equal right of Individuals to cross the Borders of the Participating States Customs Union and their unhindered movement of goods and currency

     The Government and the National Bank of the Republic of Belarus, the Government and the National Bank of the Republic of Kazakhstan, the Government and the National Bank of the Kyrgyz Republic and the Government and the Central Bank of the Russian Federation, hereinafter referred to as the Parties, guided by the Statement of the Heads of the member States of the Customs Union "On ten simple steps towards ordinary people", reaffirming their commitment to the principles of freedom and equal rights of movement of citizens in within the common customs border of the Customs Union,       Considering the priority task of eliminating differences in the conditions of movement of goods and currency by individuals permanently residing in the territory of the member States of the Customs Union agreements, we agreed on the following:

 Article 1

     This Agreement defines the procedure and conditions:       - free crossing by individuals permanently residing in the member states of the Customs Union (hereinafter referred to as individuals) of the state borders between the member states of the Customs Union; - movement by individuals across the customs borders between the member states of the Customs Union of goods not intended for production or other commercial activities; - movement by individuals of currency.

 Article 2

     Within two months after the entry into force of this Agreement, the Parties will take measures to organize the movement of individuals and their goods in a priority, simplified manner at checkpoints at state borders, as well as at international air ports through which air traffic is carried out between the member states of the Customs Union, including, if necessary, the creation of special "corridors".

 Article 3

     The Parties establish that the basis for the admission of individuals in a priority, simplified manner is the availability of valid documents confirming their permanent residence in the territory of one of the states parties to the agreements on the Customs Union. The admission of individuals in a priority, simplified manner includes the implementation of border (passport) control (verification of documents), which is carried out in accordance with the national legislation of the participating States.

 Article 4

     Goods transported by individuals in a priority, simplified manner are exempt from declaration in writing, except in cases where there are grounds to believe that the person is transporting goods whose import and export is prohibited or restricted by the national laws of the participating States, subject to the provisions of Article 6 of this Agreement.

 Article 5

     Goods originating from the member States of the Customs Union are allowed to pass through their internal customs borders without restrictions on weight, quantity, value and declaration in writing, collection of customs duties, taxes and fees, with the exception of customs duties for storage.       The provisions of this article do not apply to goods prohibited or restricted for import/export in accordance with the national laws of the member States of the Customs Union.

 Article 6

Goods originating from third countries are allowed through the customs borders of the member States of the Customs Union, without declaration in writing, collection of customs duties and customs clearance fees, provided that their total value does not exceed the amount equivalent to 1,000 US dollars, within the total weight of baggage up to 50 kg per person.

 Article 7

     The movement of foreign and national currencies of the member States of the Customs Union across their internal customs borders is carried out without restrictions, subject to the provisions of Article 8.       These currencies are moved across the internal customs borders of the member States of the Customs Union without being declared in writing, except in cases where they are declared at the individual's own request.       The movement of national currencies of the States parties to the Customs Union agreements across their external customs borders is carried out in accordance with the procedure established by the national legislation of the State for which the exported currency is the national currency.       Foreign currency exported to third countries in excess of the norm agreed upon in accordance with Article 8 of this Agreement is subject to written declaration in accordance with a single passenger customs declaration form and its export is permitted subject to the provision of one of the following documents:       - a single passenger customs declaration confirming the import of currency into the territory of the state; - a single form of certificate certificate, which has the appropriate degree of security and is mandatory for use in currency exchange transactions.

 Article 8

     The Parties agreed that within two months after the entry into force of this Agreement, the national (central) banks of the member States of the Customs Union will establish an agreed standard for the unhindered (without written declaration and provision of certificates) export of foreign currency by individuals to third countries.       Subsequently, the national (central) banks of the States parties to the Customs Union agreements have the right to establish other agreed norms for the export of foreign currency by individuals to third countries.       Each member State of the Customs Union retains the right to establish, in the event of a critical balance of payments situation, a different norm for the maximum export from the customs territory of the state by one individual of the currency of third countries and the currency that is national for the State establishing such a norm.

 Article 9

     Within two months from the date of signing this Agreement, the Parties will ensure the adoption of uniform (unified) forms of passenger declaration and certificate certificate in Russian and the official languages of each of the Parties, issued by authorized banks and authorized organizations engaged in certain types of banking operations, which will be valid on the territory of all member States of the Customs Union.

 Article 10

     The Parties will ensure the implementation of information and explanatory measures for the population, including information on the procedure for the movement of goods and currency across the customs borders of the member states of the Customs Union, on the rules of duty-free movement of goods, and the rules for the unhindered movement of currency.

 Article 11

     Disputes and disagreements arising in the interpretation of this Agreement are resolved through consultations and negotiations, and in the absence of an agreed solution, are submitted to the Integration Committee for consideration.       The Parties may, by mutual agreement, make additions and amendments to this Agreement, which will be formalized in the form of protocols that are an integral part of this Agreement.

 Article 12

     In order to ensure closer cooperation between the bodies responsible for currency regulation and control, the Parties will hold joint consultations on current issues as necessary, but at least once every six months.       This Agreement does not affect the mutual obligations of the Parties arising from the Agreements on the Customs Union of January 6 and 20, 1995 and the Agreement on the Accession of the Kyrgyz Republic to the Agreements on the Customs Union.

 Article 13

     This Agreement shall enter into force upon receipt by the depositary of the last notification that the Parties have completed the internal procedures necessary for the entry into force of this Agreement.       Either Party has the right to withdraw from this Agreement by sending a written notification of its intention to the depositary at least six months before withdrawal, having previously settled its obligations assumed in accordance with this Agreement.

     Done in Moscow on November 24, 1998, in one original copy in the Russian language.       The original copy of the Agreement is kept in the Integration Committee, which will send a certified copy to each Party.

     For For For For For Government    Government    Government     Government   Republic of the Republic       Kyrgyz        Russian Belarus        Kazakhstan Republic         Federations

     For For For For For National     National     National Central    Bank             Bank              Bank                Bank of the Republic       Republics       Kyrgyz          Russian Belarus         Kazakhstan       Republic of the Federation  

     I hereby certify that this text is a certified copy of a certified copy of the Agreement on Ensuring the Free and Equal Right of Individuals to Cross the Borders of the Member States of the Customs Union and their Unhindered Movement of Goods and Currency, concluded in Moscow on November 24, 1998.

     Head of the Department International Law Department    Ministry of Foreign Affairs       Republic of Kazakhstan

President    

Republic of Kazakhstan     

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