On signing a Free Trade Agreement between the Eurasian Economic Union and its member States, on the one hand, and the Republic of Indonesia, on the other hand

Home / Decree / On signing a Free Trade Agreement between the Eurasian Economic Union and its member States, on the one hand, and the Republic of Indonesia, on the other hand

Decree of the President of the Republic of Kazakhstan dated December 15, 2025 No. 1124.

In accordance with subparagraph 1) of Article 8 of the Law of the Republic of Kazakhstan "On International Treaties of the Republic of Kazakhstan", I HEREBY DECREE:

1. To approve the attached draft Free Trade Agreement between the Eurasian Economic Union and its member States, on the one hand, and the Republic of Indonesia, on the other hand.

2. To authorize Serik Makashevich Zhumangarin, Deputy Prime Minister and Minister of National Economy of the Republic of Kazakhstan, to sign on behalf of the Republic of Kazakhstan a Free trade Agreement between the Eurasian Economic Union and its member States, on the one hand, and the Republic of Indonesia, on the other hand, 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 its signing.

President of the Republic of Kazakhstan

K. Tokaev

Approved by Decree of the President of the Republic of Kazakhstan on December 15, 2025 No. 1124

Project

FREE TRADE AGREEMENTS BETWEEN THE EURASIAN ECONOMIC UNION AND ITS MEMBER STATES, ON THE ONE HAND, AND THE REPUBLIC OF INDONESIA, ON THE OTHER HAND

THE PREAMBLE

The Eurasian Economic Union (hereinafter referred to as the EAEU) and the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic and the Russian Federation (hereinafter referred to as the EAEU member States), on the one hand, and the Republic of Indonesia (hereinafter referred to as Indonesia), on the other hand,

RECOGNIZING the importance of strengthening and expanding the long-standing and strong friendship and cooperation between the Parties;

DESIRING to create a favorable environment and conditions for the development of mutually beneficial trade relations and the promotion of economic cooperation between the Parties in areas of mutual interest;

DESIRING to reduce or eliminate barriers to trade between the Parties in order to ensure lower business costs and increased economic efficiency;

RECOGNIZING the need to maintain principles and practices that promote free and unhindered trade in a predictable, transparent and non-discriminatory manner;

AFFIRMING the importance of trade facilitation to promote efficient and transparent procedures in order to reduce costs and ensure market predictability; and

EMPHASIZING the need to further develop mutual cooperation between the Parties based on mutual trust, transparency and principles of fair and mutually beneficial trade facilitation;

HAVE AGREED on the following:

chapter 1

GENERAL PROVISIONS AND DEFINITIONS

Article 1.1

Creation of a free trade zone

The Parties hereby establish a free trade zone in accordance with Article XXIV of the GATT 1994.

Article 1.2

Goal

The purpose of this Agreement is to liberalize and facilitate trade between the Parties in accordance with the provisions of this Agreement.

Article 1.3

Definitions of a general nature

For the purposes of this Agreement, unless otherwise specified in this Agreement:

"Anti-dumping Agreement" means the Agreement on the Application of Article VI of the General Agreement on Tariffs and Trade of 1994, contained in Annex 1A to the WTO Agreement;

"Customs duty" means any duty or levy of any kind imposed on or in connection with the import of goods, with the exception of:

(a) fees equivalent to the domestic tax levied in accordance with Article III of GATT 1994;

(b) import-related payments or other charges commensurate with the cost of the services provided; or

"days" means calendar days, including weekends and holidays;

"Eurasian Economic Commission" means the permanent regulatory body of the EAEU in accordance with the Treaty on the Eurasian Economic Union dated May 29, 2014 (hereinafter referred to as the EAEU Treaty).;

"GATT 1994" means the General Agreement on Tariffs and Trade of 1994, including its explanatory notes and additional provisions contained in Annex 1A to the WTO Agreement;

"product(s)" means any product, product, article or material;

"Harmonized System" or "HS" means the Harmonized Commodity Description and Coding System established by the International Convention on the Harmonized Commodity Description and Coding System of June 14, 1983, adopted and applied by the Parties in their legislation;

"Import Licensing Agreement" means the Agreement on Import Licensing Procedures contained in Annex 1A to the WTO Agreement;

"Joint Committee" means the Joint Committee established in accordance with Article 14.1 (Establishment of a Joint Committee);

"measure" means any measure taken by a Party, whether in the form of a law, regulation, rule, procedure, decision, administrative action, or in any other form;

"Originating goods" means goods that meet the criteria for determining the origin of goods provided for in Chapter 3 (Rules for Determining the Origin of Goods);

"Parties" means, on the one hand, the member States of the Eurasian Economic Union and the Eurasian Economic Union, acting jointly or individually within the competence arising from the EAEU Treaty, and, on the other hand, Indonesia.;

"person" means a natural or legal person;

"preferential tariff regime" means tariff privileges granted to goods of origin in accordance with the Lists of Tariff Obligations listed in Appendix 1 (Lists of Tariff Obligations);

"Agreement on Special Protective Measures" means the Agreement on Special Protective Measures contained in Annex 1A to the WTO Agreement;

"SCM Agreement" means the Agreement on Subsidies and Countervailing Measures contained in Annex 1A to the WTO Agreement;

"SPS Agreement" means the Agreement on the Application of Sanitary and Phytosanitary Measures contained in Annex 1A to the WTO Agreement;

"TBT Agreement" means the Agreement on Technical Barriers to Trade contained in Annex 1A to the WTO Agreement;

"TRIPS Agreement" means the Agreement on Trade-Related Aspects of Intellectual Property Rights contained in Annex 1C to the WTO Agreement;

"WTO Agreement" means the Marrakesh Agreement Establishing the World Trade Organization, concluded in Marrakesh on April 15, 1994; and

"WTO" means the World Trade Organization.

_________________ 1 For greater certainty, the term "or" is used in an inclusive manner (i.e., "either [A], or [B], or both") in the entire text of this Agreement. If the term "or" is intended to be used in an exceptional sense (i.e., "either [A] or [B], but not both"), then this is formulated using the wording "either [A] or [B]".

CHAPTER 2

TRADE IN GOODS

Article 2.1

Coverage

This Chapter applies to trade in goods between the Parties, unless otherwise provided by this Agreement.

Article 2.2

The most favored nation regime

1. Article I of GATT 1994, as well as any exceptions, exemptions and waivers from the obligation to provide the treatment set out in Article I of GATT 1994, applicable in accordance with the WTO Agreement, are included in this Agreement and are an integral part of it.

2. The provisions of paragraph 1 of this Article do not apply to the following types of preferences provided by the Parties:

(a) to neighboring countries in order to facilitate cross-border trade;

(b) members of a Customs Union, free trade area or regional economic organization, or any other regional trade agreements in accordance with the provisions of Article XXIV of GATT 1994; or

Article 2.3

National regime

The Parties shall grant national treatment to the goods of the other Party in accordance with Article III of GATT 1994, including explanatory notes thereto. To this end, Article III of GATT 1994 and the explanatory notes thereto, as well as any exceptions, exemptions and waivers from granting such treatment in accordance with Article III of GATT 1994, are incorporated into this Agreement and form an integral part of it.

Article 2.4

Classification of goods

1. Goods in trade between the Parties are classified according to the tariff nomenclature of each Party based on the HS and its amendments.

2. Each Party shall ensure that any change in its tariff nomenclature is carried out without prejudice to tariff concessions made in accordance with Annex 1 (Lists of Tariff Obligations). Such a change in the Commodity Nomenclature of the EAEU's foreign Economic Activity and the Indonesian Trade Classification is carried out by the Eurasian Economic Commission and Indonesia, respectively.

Article 2.5

Reduction and cancellation of customs duties

1. Unless otherwise provided by this Agreement, each Party shall reduce or cancel customs duties on goods originating from the territory of the other Party in accordance with its List of Tariff Obligations in Appendix 1 (Lists of Tariff Obligations).

2. Unless otherwise provided by this Agreement, a Party shall not increase existing customs duties or impose new customs duties on goods originating from the territory of the other Party in such a way that their level exceeds the level of tariff obligations specified in its List of Tariff Obligations in Appendix 1 (Lists of Tariff Obligations).

3. If the most-favored-nation customs duty rate (hereinafter referred to as the MFN) applied by a Party in respect of a particular product is lower than the customs duty rate provided for in its List of Tariff Obligations in Appendix 1 (Lists of Tariff Obligations), such Party must:

(a) apply a lower rate to goods originating in the territory of the other Party; and

(b) publish the changes in the MFN rate on the Internet.

Article 2.6

Speeding up or improving tariff obligations

1. At the request of one of the Parties, the other Party shall consult with the requesting Party to consider speeding up, improving or extending the coverage of customs duties subject to cancellation, as indicated in their Lists of Tariff Obligations in Annex 1 (Lists of Tariff Obligations).

2. Further agreements between the Parties on speeding up or expanding the coverage of customs duties on goods subject to cancellation (or on the inclusion of goods in Annex 1 (Lists of Tariff Obligations)) replace the duty rate or the stages of reduction of the duty rate, determined in accordance with their respective Lists, from the moment these provisions are included in this Agreement in accordance with Article 15.1 (Amendments).

3. Nothing in this Agreement prohibits a Party from unilaterally accelerating the cancellation or extending the scope of customs duties subject to cancellation specified in its List of Tariff Obligations in Annex 1 (Lists of Tariff Obligations) for originating goods. Any such unilateral acceleration of the cancellation or expansion of the scope of customs duties subject to cancellation does not permanently replace the duty rate or the stages of reduction of the duty rate defined in the relevant List, and does not constitute a waiver by this Party of the right to increase customs duties to the level set out in its List of Tariff Obligations in Annex 1 (Lists of Tariff Obligations), after a unilateral decline.

Article 2.7

Fees and formalities related to import and export

1. Article VIII of the GATT 1994, as well as any exceptions, exemptions and waivers from the obligations set out in Article VIII of the GATT 1994, applicable in accordance with the WTO Agreement, are included in this Agreement and are an integral part of it.

2. Each Party shall immediately post information on the Internet about the fees and charges it charges in connection with the import or export.

Article 2.8

Customs assessment

The customs value of goods traded by the Parties is determined in accordance with the customs laws and regulations of the importing Party on the basis of the provisions of Article VII of the GATT 1994 and the Agreement on the Application of Article VII of the General Agreement on Tariffs and Trade of 1994.

Article 2.9

Import and export restrictions

Unless otherwise provided by this Agreement, neither Party will accept or maintain any prohibitions or restrictions on the import of any goods of the other Party or on the export or sale for export of any goods destined for the territory of the other Party, except as provided for by its rights and obligations under the WTO. To this end, Article XI of GATT 1994 and its explanatory notes are incorporated into this Agreement and form an integral part of it.

Article 2.10

Import licensing

1. Each Party shall ensure that its import licensing procedures, as defined in Articles 1 to 3 of the Import Licensing Agreement, are conducted in a transparent and predictable manner and applied in accordance with the Import Licensing Agreement. For this purpose, articles 1-3 of the Import Licensing Agreement are included in this Agreement and are an integral part of it.

2. At the request of a Party, the other Party shall, within a reasonable time and to the extent feasible, provide information on the application of import licensing procedures in its territory.

3. Immediately after the entry into force of this Agreement, each Party shall notify the other Party of the existing import licenses, if any. The notification must include the information specified in paragraph 2 of Article 5 of the Import Licensing Agreement.

4. A Party is considered to be in compliance with paragraph 3 with respect to the existing import licensing procedure if:

(a) it has notified the Import Licensing Committee established in accordance with article 4 of the Import Licensing Agreement of this procedure, providing the information specified in paragraph 2 of Article 5 of this Agreement; or

(b) with regard to this procedure, it has provided the Import Licensing Committee with the information requested in the annual questionnaire on import licensing procedures referred to in paragraph 3 of Article 7 of the Import Licensing Agreement, in the last annual submission of information by that Party prior to the entry into force of this Agreement.

Article 2.11

Counter trading

1. The Parties recognize the use of countertrade as an alternative mechanism for international trade, which can facilitate mutual trade and, as a result, contribute to economic development.

2. The Parties seek to facilitate counter-trade operations between their private sectors. Nothing in this Article should be interpreted as an obstacle for a Party to authorize its relevant authorities to take any measures in accordance with its legislation with respect to the goods.

3. Upon request, the Parties shall provide information related to the management of countertrade, including applicable laws and other regulatory legal acts.

4. Nothing in this Article shall be interpreted as changing the rights and obligations of the Parties under international trade agreements to which the relevant Party is a Party.

Article 2.12

Data exchange

1. The Parties recognize the value of preferential trade data for an accurate analysis of the implementation of this Agreement. The Parties shall cooperate in order to periodically exchange data related to trade in goods between the Parties.

2. For these purposes, or for any purposes that the Joint Committee may determine, the Parties may periodically exchange data within the framework of the work of the Subcommittee on Trade in Goods in accordance with Article 14.3 (Establishment of Subcommittees).

CHAPTER 3

RULES FOR DETERMINING THE ORIGIN OF GOODS

Section I. General provisions

Article 3.1

Coverage

The rules for determining the origin of goods provided for in this Chapter are applied exclusively for the purpose of granting tariff preferences in accordance with this Agreement.

Article 3.2

Definitions

For the purposes of this Chapter:

"aquaculture" means the breeding of aquatic organisms, including fish, shellfish, crustaceans, other aquatic invertebrates and aquatic plants, from raw materials such as caviar, fry, fingerlings and larvae, by influencing development and growth processes in order to increase production, for example, through regular stocking, feeding or protection from predators;

"authorized body" means the competent organization (institution) and (or) state body authorized by the Party to issue certificates of origin for the purposes of this Agreement.;

"commercial documents" means documents used in foreign trade and other activities confirming transactions related to the movement of goods across the customs border of a Party, such as invoices, specifications, shipping documents, packing lists and other documents;

"batch" means goods that are simultaneously shipped using one or more transport documents from the exporter to the recipient;

"exporter" means a person registered in the territory of the Party 2 who exports goods from the exporting Party in accordance with the applicable legislation of that Party;

"cost on the terms of delivery of the GOODS" means the cost of the goods on a free-on-board basis, including the cost of transportation to the port or place of final shipment abroad in accordance with the International Rules for the Interpretation of Trade Terms Incoterms 2020;

"importer" means a person who imports goods to an importing Party in accordance with the applicable laws of that Party.;

"commodity" means any product, product, or article received or produced, even if it is intended for further use in another production operation as a material.;

"material" means any substance or substance, including an ingredient, raw material, component, or part of a commodity, used or consumed in the production of a commodity, physically incorporated into a commodity, or processed in the production of another commodity;

"non-originating goods" or "non-originating materials" means goods or materials that do not meet the criteria for determining the origin of goods provided for in this Chapter, and/or goods and materials of unknown origin.;

"originating goods" or "originating materials" means goods or materials that meet the criteria for determining the origin of goods provided for in this Chapter;

"manufacturer" means a person who manufactures goods on the territory of a Party;

"production" means methods of obtaining goods, including the cultivation, extraction, cultivation, harvesting, breeding, extraction, harvesting, trapping, fishing, hunting, processing, processing or assembly of such goods;

"Document of origin" means a certificate of origin or a declaration of origin provided for in this Chapter; and

"verification authority" means the competent State body authorized by a Party to carry out verification procedures.

_______________ 2 This definition applies without prejudice to the provisions of Article 3.25 (Invoice of a third country).

Article 3.3

Criteria for determining the origin of goods

For the purposes of applying this Chapter, goods are considered to originate from a Party if they:

(a) fully received or produced in the territory of such Party in accordance with Article 3.4 (Fully received or produced goods);

(b) produced in such a Party solely from materials originating from one or more Parties; or

(c) produced in such a Party using non-originating materials, provided that the share of value added (hereinafter referred to as - QVS) is not less than 40 (forty) percent of the value of the goods on the terms of FOV, or the code of the goods received in accordance with the Harmonized System differs at the level of any of the first four characters from the code of non-originating materials included in such goods, except in cases where special criteria for determining such goods are established. origin of goods in accordance with Appendix 2 (List of special criteria for determining the origin of goods).

Article 3.4

Fully received or manufactured goods

For the purposes of applying Article 3.3 (Criteria for determining the origin of goods), the following goods are considered to be fully received or produced in the territory of the Party:

(a) plants and products of plant origin, including fruits, berries, flowers, vegetables, trees, algae, fungi and live plants grown or harvested in such a Party;

(b) live animals born and raised in such a Party;

(d) products resulting from the slaughter of animals born and raised in such a Party;

(e) products obtained as a result of harvesting, hunting, trapping, fishing, cultivation, breeding and aquaculture in such a Party;

(f) mineral products and other minerals extracted or extracted from the air, soil, water or seabed of such Party and its subsoil;

(g) products of marine fishing and other products of marine fishing caught outside the territorial sea (waters) of a Party by a vessel registered or assigned to such Party and flying its flag;

(h) products made exclusively from products specified in subparagraph (g) of this Article on board a processing vessel registered or assigned to such a Party and flying its flag;

(i) products obtained from the seabed or from the marine subsoil outside the territorial sea (waters) of a Party, provided that such Party has the exclusive rights to exploit the resources of this seabed or these marine subsoil;

(j) waste and scrap resulting from production and consumption in such a Party;

(k) used articles collected in such a Party, provided that such articles are suitable only for processing into raw materials;

(l) products obtained in outer space on spacecraft registered in such a Party; and

(m) goods obtained or produced in such a Party solely from the goods specified in sub-paragraphs (a) to (l) of this Article.

Article 3.5

Calculating the share of value added

For the purposes of applying Article 3.3 (Criteria for determining the origin of goods), the share of value added is calculated using the following formula:

where:

QVC is the percentage of value added.;

FOB - the value of the goods on the terms of delivery of the FOB, determined in accordance with paragraph 7 of Article 3.2 (Definitions);

VNM is the customs value of non-originating materials upon importation or, if the customs value is unknown or cannot be determined, the first documented price paid or payable for all non-originating materials, components or products purchased by the manufacturer in the Party where the goods were processed or processed. If a manufacturer purchases non-originating materials on the territory of the same Party, the cost of such materials should not include the cost of freight, insurance, packaging and other costs associated with the delivery of these materials from the supplier to the place of production.

Article 3.6

Insufficient processing or recycling

1. The following operations, carried out individually or in combination with each other, are considered insufficient to meet the requirements of Article 3.3 (Criteria for determining the origin of goods):

(a) operations to ensure the safety of the goods during their transportation and storage;

(b) freezing or defrosting;

(d) washing, cleaning, removing dust, oxide, oil, paint or other coatings;

(e) Ironing or pressing textiles;

(f) Painting, painting, polishing, varnishing, oil coating;

(g) peeling, partial or complete bleaching, sanding and polishing of grain and rice;

(h) Sugar coloring or lump sugar formation;

(i) peeling, seed removal and peeling of fruits, vegetables and nuts;

(j) Simple sharpening, grinding or grinding;

(k) Cutting;

(l) Sieving, selection, sorting, classification;

(m) packaging in bottles, cans, vials, bags, boxes, boxes, fixing on the surface and all other packaging operations;

(n) affixing or printing marks, logos, labels and other similar distinguishing marks on products or their packaging;

(o) mixing of products (components), which does not lead to a significant difference between the resulting product and the original components;

(p) simple assembly of the product or disassembly of the product in parts;

(q) slaughtering of animals, sorting of meat; and

(r) the intended use of the goods.

2. For the purposes of applying paragraph 1 of this Article, a simple operation is an operation that does not require the use of special skills, machines, devices or equipment specifically designed for this operation.

Article 3.7

Accumulation of origin

1. Without prejudice to the application of Article 3.3 (Criteria for determining the origin of goods), goods originating from one Party and used as materials in the manufacture of goods in the other Party should be considered as originating from the Party in which the last processing or processing operations were performed, other than those specified in Article 3.6 (Insufficient processing or recycling).

2. For the purposes of applying this Article, the origin of goods used for subsequent processing or processing must be documented.

Article 3.8

De Minimis

1. Goods that do not meet the necessary requirements for changing the commodity classification are nevertheless considered to be originating goods if:

(a) in respect of goods other than those classified in Groups 50 to 63 of the Harmonized System, the value of all non-originating materials used for which this criterion for determining the origin of the goods is not fulfilled does not exceed 10 (ten) percent of the value of the goods on the terms of delivery of the goods;

(b) in respect of goods classified in Groups 50 to 63 of the Harmonized System, the weight or value of all non-originating materials used for which this criterion for determining the origin of the goods is not fulfilled does not exceed 10 (ten) percent of the total weight of the goods or the value of the goods on the terms of delivery.;

and the goods meet all other applicable requirements of this Chapter to recognize such goods as occurring.

2. The cost of non-originating materials specified in paragraph 1 of this Article must be included in the cost of non-originating materials for the purposes of calculating the share of value added.

Article 3.9

Packaging materials for transportation and shipment

1. Packaging materials and containers intended exclusively for the transportation and shipment of goods should not be taken into account when determining the origin of goods.

2. For the purposes of applying paragraph 1 of this Article, packaging materials and containers for transportation and shipment are understood to mean packaging materials and containers used to ensure the safety of goods during their transportation or shipment and not intended for retail sale of such goods.

Article 3.10

Packaging materials for retail trade

1. Packaging materials and containers intended for retail trade and classified together with goods should not be taken into account when determining the origin of goods if a change in the commodity classification is provided as a criterion for determining the origin of goods, as well as if such goods are fully originating.

2. Notwithstanding the provisions of paragraph 1 of this Article, the cost of packaging materials and containers intended for retail trade is taken into account when calculating the cost of originating or non-originating materials for the purpose of determining the share of value added.

Article 3.11

Accessories, spare parts, tools, instructions and other information materials

1. Accessories, spare parts, tools, instructions and other information materials specified in paragraph 2 of this Article should not be taken into account when determining the origin of goods if a change in the commodity classification is provided as a criterion for determining the origin of goods, as well as if such goods are fully originating.

2. For the purposes of the application of this Article, accessories, spare parts, tools, instructions and other information materials are understood as:

(a) accessories, spare parts, tools, instructions and other information materials that are classified and supplied with the goods. At the same time, they should not be issued a separate invoice; and

(b) the complete set, quantity and cost of accessories, spare parts, tools, instructions and other information materials provided with the goods are common for such goods.

3. Notwithstanding the provisions of paragraph 1 of this Article, the cost of accessories, spare parts, tools, instructions and other information materials is taken into account when calculating the cost of originating or non-originating materials for the purpose of determining the share of value added.

Article 3.12

Sets

Goods classified as sets in accordance with the 3rd Basic Rule of Interpretation of the Harmonized System should be considered as originating if all components of such a set are occurring. At the same time, a set consisting of both originating and non-originating goods is also recognized as occurring if the value of the non-originating goods in it does not exceed 15 (fifteen) percent of the value of the set on the terms of delivery of the goods.

Article 3.13

Intermediate goods

1. If originating goods are used as materials in the production of other final goods, then non-originating materials used for the production of such originating goods are not taken into account when determining the origin of the final goods.

2. If non-originating goods are used as materials in the production of other final goods, then the originating materials used to produce such non-originating goods are taken into account when calculating the share of value added for the purpose of determining the origin of the final goods.

Article 3.14

Indirect materials

When determining the origin of goods, the origin of the following indirect materials, which can be used in production and are not included in the composition of goods, is not taken into account.:

(a) Fuel and energy;

(b) Tools, dies and molds;

(d) lubricants, additives and other materials used in the manufacture or operation of equipment and buildings;

(e) gloves, goggles, shoes, clothing, safety equipment;

(f) equipment, devices used for testing or verifying goods;

(g) catalysts and solvents; and

(h) any other materials that are not included in the goods, but whose use in the production of goods can be represented as part of the production process.

Article 3.15

Direct delivery

1. Tariff preferences are granted in respect of originating goods supplied directly between the Parties or through the territories of countries that are not Parties to this Agreement, provided that the following conditions are met during such transportation:

(a) the goods have not been subjected to any operations, except for unloading, reloading, storage and other necessary operations aimed at maintaining their condition; and

(b) the goods were not traded or consumed in such countries.

2. If the originating goods are delivered through the territories of countries that are not Parties to this Agreement, one of the following documents must be submitted to the customs authority of the importing Party:

(a) transport documents confirming the route of movement of goods from the territory of one Party to the territory of the other Party and containing a description of the goods, as well as, where applicable, depending on the conditions of transportation, the names of the vehicles used and container numbers; or

(b) documents issued by the customs authorities of countries that are not Parties to this Agreement through which the goods are in transit, or other commercial documents, including documents related to their temporary storage, containing a description of the goods, as well as confirming the fulfillment of the conditions provided for in subparagraph (a) of paragraph 1 of this Article.

3. In addition to the documents specified in paragraph 2 of this Article, any other documents confirming compliance with direct delivery may be submitted.

4. If the declarant has not submitted to the customs authorities of the importing Party documentary evidence of compliance with direct delivery, tariff preferences are not provided.

Article 3.16

Immutability of goods

Goods originating from one Party that are not subjected to processing or processing operations in the other Party retain their origin upon subsequent importation into either Party, provided the following conditions are met:

(a) the goods are the same goods that were previously exported from the Party from which such goods originate;

(b) the goods have not been subjected to any operations, with the exception of operations to ensure the safety of the goods, their packaging, preparation for sale and transportation; and

(c) the origin of the goods is confirmed by a certificate of origin in accordance with paragraph 4 of Article 3.20 (Special cases of issuing a certificate of origin).

Section II. Documentary evidence of the origin of the goods

Article 3.17

General requirements

1. Tariff preferences are granted in respect of originating goods upon their importation into the territory of the Party, subject to the submission of one of the following documents on the origin of the goods:

(a) a certificate of origin (EAI form) issued in accordance with Article 3.19 (Certificate of Origin); or

(b) a declaration of origin issued in accordance with Article 3.21 (Declaration of Origin).

2. Notwithstanding the provisions of paragraph 1 of this Article, in the cases specified in Article 3.18 (Cases where the submission of documents on the origin of goods is not required), tariff preferences must be provided for originating goods without submitting any documents provided for in this Article.

Article 3.18

Cases when the presentation of documents on the origin of goods is not required

Documents on the origin of goods are not required for the purposes of obtaining tariff preferences in cases where the customs value of imported goods does not exceed 200 (two hundred) US dollars or an equivalent amount in the currency of the importing Party, provided that such importation is not part of one or more shipments, the deliberate division into which can reasonably be considered as a way to avoid presentation of the document on the origin of the goods.

Article 3.19

Certificate of origin

1. The certificate of origin of goods is a document confirming the origin of goods, which is issued by the authorized body of the Party on the basis of an application from the manufacturer, exporter or their authorized representatives. The request must be made in writing or, if permitted by the legislation of the exporting Party, in electronic form.

2. The certificate of origin of the goods must be issued and duly completed in English in accordance with the requirements provided for in Appendix 3 (Certificate of Origin). The certificate of origin can be issued in the form of an original document on paper or in electronic form without the original on paper and must contain a unique registration number.

3. The certificate of origin and additional sheets to it must be drawn up on A4 (ISO) paper sheets in accordance with the samples set out in Appendix 3 (Certificate of Origin) and contain elements of anti-counterfeiting devices.

4. The certificate of origin of the goods is issued before, at the time of dispatch or after dispatch of the goods in all cases when the exported goods can be considered to originate from a Party in accordance with the provisions of this Chapter.

5. The authorized body of the exporting Party must ensure that the certificate of origin of the goods is issued in accordance with the sample and the requirements for completing it provided for in Appendix 3 (Certificate of Origin).

6. A certificate of origin of goods is issued for one batch of goods and may be used for the purpose of granting tariff preferences within 12 (twelve) months from the date of its issuance by the authorized body. The actual weight of the delivered goods must not exceed the weight indicated in the certificate of origin by more than 5 (five) percent.

7. In order to confirm the origin of goods, in order to grant tariff preferences in accordance with subparagraph "c" of paragraph 2 of Article 3.26 (Granting tariff preferences), the original paper certificate of origin, a copy thereof, or a certificate of origin issued in electronic form without the original paper may be submitted to the customs authority of the importing Party. The Parties should ensure that the submitted certificates of origin can be verified through the use of electronic databases provided for in Article 3.31 (Use of electronic databases).

Article 3.20

Special cases of issuing a certificate of origin

1. If the certificate of origin of the goods was not issued before or at the time of shipment of the goods, such a certificate may be issued later. In this case, the certificate of origin must contain the mark "ISSUED RETROACTIVELY" or "ISSUED RETROSPECTIVELY".

2. In case of theft, loss or destruction of the original paper certificate of origin, the manufacturer, exporter or their authorized representatives may apply to the authorized body for its certified duplicate. The certified duplicate must contain the mark "DUPLICATE OF THE CERTIFICATE OF ORIGIN NUMBER ____ DATE". A certified duplicate of the certificate of origin may be used for the purpose of granting tariff preferences for a period not exceeding 12 (twelve) months from the date of issue of the original certificate of origin for which such duplicate was issued.

3. In case of accidental errors or omissions made in the certificate of origin, the authorized body must issue a new certificate of origin to replace the previously issued certificate. In this case, a certificate that contains accidental errors or omissions must be revoked. In this case, the new certificate of origin must contain the mark "ISSUED IN SUBSTITUTION FOR THE CERTIFICATE OF ORIGIN NUMBER _______ DATE". The new certificate of origin may be used for the purpose of granting tariff preferences for a period not exceeding 12 (twelve) months from the date of issue of the previously issued certificate of origin.

4. In the case of movement of goods between the Parties that have not been processed or processed in other Parties, the authorized body of the Party from which the goods are to be exported may issue a replacement certificate to replace the previously issued certificate (certificates) for such goods. The replacement certificate must be issued on the basis of the certificate(s) of origin issued by the authorized body of the Party from which such goods were previously imported, and must contain the mark "ISSUED ON THE BASIS OF CERTIFICATE OF ORIGIN NUMBER(S)_____DATE(S)". The replacement certificate The certificate of origin may be used for the purpose of granting tariff preferences for a period not exceeding 12 (twelve) months from the date of issue of such a replacement certificate of origin. However, replacement certificates should not be issued after 3 (three) years. years from the date of issue of the certificate of origin by the authorized body of the Party from which such goods originate. The authorized body of the Party from which the goods are to be exported must ensure that the total number of goods for which a replacement certificate has been issued and which are partially re-exported does not exceed the total number of goods specified in the certificate (certificates) of origin issued by the authorized body of the Party from which such goods were previously imported..

Article 3.21

Declaration of Origin

1. The declaration of origin specified in subparagraph "b" of paragraph 1 of Article 3.17 (General requirements) may be issued before, at the time of dispatch or after dispatch of the goods.:

(a) by any manufacturer or exporter of the Party,3 for shipments of goods with a customs value not exceeding 5,000 (five thousand) US dollars or an equivalent amount in the currency of the importing Party; or

(b) by an authorized exporter in accordance with Article 3.22 (Authorized Exporter) for shipments of goods of any value.

2. The declaration of origin of goods is a statement of origin made by the manufacturer, exporter or authorized exporter on any commercial document related to the goods, according to the model provided for in Annex 4 (Declaration of Origin). The declaration of origin must be printed in English.

3. The declaration of origin of goods is issued for one batch of originating goods and can be used for the purpose of granting tariff preferences within 12 (twelve) months from the date of its certification. The actual weight of the delivered goods must not exceed the weight specified in the commercial document containing the declaration of origin by more than 5 (five) percent.

4. In order to confirm the origin of goods for the granting of tariff preferences in accordance with subparagraph "c" of paragraph 2 of Article 3.26 (Granting tariff preferences), the original paper declaration of origin or a copy thereof, if provided for by the legislation of that Party, is submitted to the customs authority of the importing Party.

5. At the request of the verifying authority of the exporting Party, the manufacturer, exporter or authorized exporter who issued the declaration of origin of the goods must be ready at any time to provide all necessary documents confirming the origin of the goods indicated in such request, as well as their compliance with other requirements of this Chapter.

6. If the customs authorities of the importing Party have reasonable doubts about the accuracy of the information stated in the declaration of origin specified in subparagraph (a) of paragraph 1 of this Article and (or) the conformity of the goods with the criteria for determining the origin of the goods, such customs authorities may request a certificate of origin.

____________________ 3 This regulation is applied by producers or exporters of the EAEU Member States. For manufacturers or exporters of Indonesia, this provision is subject to application in accordance with the requirements of its legislation.

Article 3.22

Authorized Exporter

1. The competent state body of the exporting Party, subject to compliance with the requirements specified in paragraph 7 of this Article, as well as the relevant legislation of such Party, has the right to provide an exporter who meets certain requirements (hereinafter referred to as the authorized exporter) with the opportunity to issue declarations of origin for shipments of goods of any value without the need to sign them.

2. An exporter who has applied for the status of an authorized exporter must ensure that the competent state authority is able to verify the origin of the goods, as well as meet other requirements of this Chapter.

3. The competent state body may grant the status of an authorized exporter subject to the conditions stipulated by the legislation of the exporting Party and based, inter alia, on the following basic principles:

(a) knowledge of the rules for determining the origin of goods provided for in this Chapter;

(b) compliance with the legislation applicable in the field of customs regulation; and

4. When granting the status of an authorized exporter, the competent state body assigns a registration number to the authorized exporter. The registration number must be indicated in the declaration of origin, which is drawn up according to the model provided for in Annex 4 (Declaration of Origin).

5. The competent state body of the exporting Party must regularly verify that the authorized exporter fulfills the necessary requirements. If an authorized exporter does not meet the relevant requirements or otherwise improperly uses the status granted to him, the competent state body has the right, in accordance with the legislation of such a Party, to revoke the granted status of an authorized exporter. Information on the current status of authorized exporters should be available to other Parties and should be updated on a regular basis.

6. If information about a certain authorized exporter is not available to the importing Party, the imported goods may be released in accordance with the requirements of the legislation of such importing Party.

7. The provisions of this Article shall apply for the purposes of this Agreement upon the expiration of 60 (sixty) days from the date of receipt of the last written notification confirming that the member States of the Eurasian Economic Union and Indonesia have completed the internal procedures necessary for the implementation of the institute of authorized exporters. Such notifications are exchanged between the Eurasian Economic Commission and the Ministry of Trade of the Republic of Indonesia.

Article 3.23

Minor discrepancies

1. If the origin of the goods is beyond doubt, the discovery of minor discrepancies between the information contained in the document on the origin of the goods and the information contained in the documents submitted to the customs authority of the importing Party should not in itself constitute grounds for invalidating the document on the origin of the goods if the information indicated therein actually corresponds to the goods presented.

2. If several goods are declared in the document of origin of the goods, then the emergence of doubts about the origin of one of these goods should not affect the granting of tariff preferences or postpone their provision in respect of the remaining goods specified in such a document of origin.

Article 3.24

Document storage requirements

1. The manufacturer or exporter who applied for a certificate of origin must keep all documentation and copies of documents submitted to the authorized body for 3 (three) years. years from the date of issue of the certificate of origin of the goods or for a longer period of time, if this is provided for by the legislation of the relevant Party.

2. The importer who has been granted tariff preferences must keep a copy of the document of origin for three (3) years. years from the date of granting such tariff preferences or for a longer period of time, if this is provided for by the legislation of the relevant Party.

3. An application for a certificate of origin and all related documents must be kept by the authorized body for at least three (3) years. years from the date of issue of such certificate of origin.

4. The manufacturer, exporter, or authorized exporter who issued the declaration of origin of the goods must keep all documentation and copies of documents confirming the origin of the goods for at least three (3) years. years from the date of certification of such a declaration of origin.

Section Sh. Tariff preferences

Article 3.25

Invoice of a third country

1. The importing Party must provide tariff preferences for originating goods for which an invoice is issued by both a person registered in the Party and a person registered in a country that is not a Party to this Agreement, subject to compliance with the requirements provided for in this Chapter.

2. If the invoice is issued by a person registered in a country that is not a Party to this Agreement, the "CI" mark (Invoice of a third country) and other additional information provided for in Annex 3 (Certificate of Origin) must be indicated in the certificate of origin.

3. If the invoice is issued by a person registered in a country that is not a Party to this Agreement, the declaration of origin may be issued on a commercial document other than the invoice.

Article 3.26

Provision of tariff preferences

1. The tariff preferences provided for in this Agreement are granted in respect of originating goods that meet the requirements of this Chapter.

2. The customs authorities of the importing Party shall grant tariff preferences in respect of originating goods subject to the following conditions::

(a) the imported goods meet the criteria for determining the origin of goods set out in Article 3.3 (Criteria for determining the origin of goods);

(b) the direct delivery requirements set out in Article 3.15 (Direct delivery) have been met; and

(c) the origin of the imported goods is confirmed by a document of origin in accordance with the requirements of this Chapter.

3. In order to obtain tariff preferences, the importer must declare tariff preferences upon import of the relevant goods or at a later stage, if such an opportunity is provided for by the relevant legislation of the importing Party.

4. If a proper document on the origin of the goods or documentary evidence of compliance with the requirement of its direct delivery is not provided upon importation of the goods, the importing Party shall impose on such goods the rate of import customs duty applied under the MFN, or, if applicable, require the provision of enforcement of the obligation to pay import customs duty.

5. In accordance with paragraph 3 of this Article, the importer may submit the documents specified in paragraph 4 of this Article at a later stage, apply for the restoration of tariff preferences and refund the amount of overpaid import customs duties or collateral provided that the requirements provided for by the legislation of the importing Party and paragraph 2 of this Article are met.

6. Notwithstanding the provisions of paragraph 2 of this Article, if the customs authorities of the importing Party have reasonable doubts about the origin of the goods in respect of which tariff preferences have been declared and (or) about the reliability of the submitted document on the origin of the goods, such customs authorities may suspend the granting of tariff preferences in respect of these goods for the period necessary to obtain the results of verification procedures. Nevertheless, such goods may be released by the customs authorities in accordance with the requirements of the legislation of the importing Party.

Article 3.27

Refusal to grant tariff preferences

1. If the goods do not comply with the requirements of this Chapter or the importer or exporter of the goods does not ensure compliance with the provisions of this Chapter, the customs authority of the importing Party refuses to grant tariff preferences and collects customs duties payable in accordance with the legislation of such Party.

2. The customs authorities of the importing Party shall refuse to grant tariff preferences in the following cases::

(a) the goods do not meet the criteria for determining the origin of goods provided for in Article 3.3 (Criteria for determining the origin of goods);

(b) the direct delivery requirements set out in Article 3.15 (Direct delivery) have not been met;

(c) the importer has not submitted a document on the origin of the goods to the customs authorities of the importing Party within the time period provided for by the legislation of the importing Party;

(d) the document on the origin of the goods has been drawn up or filled out in violation of the requirements provided for in Annexes 3 (Certificate of Origin) and 4 (Declaration of Origin).;

(e) the goods indicated in the document of origin cannot be identified with the goods indicated in the customs declaration. Nevertheless, the discrepancy between the HS code indicated in the document of origin and the actual classification of the goods by the customs authorities of the importing Party should not in itself be a reason for refusing to grant tariff preferences.;

(f) the certificate of origin of the goods has not been submitted at the request of the customs authority of the importing Party in the case provided for in paragraph 6 of Article 3.21 (Declaration of Origin);

(g) the actual weight of the declared imported goods exceeds the weight indicated in the document of origin by more than 5 (five) percent;

(h) information about the certificate of origin of goods is not available on the date of registration of the customs declaration in the electronic database or Electronic System for Exchanging Data on the Origin of Goods (hereinafter referred to as the ECMTA) specified in Articles 3.31 (Use of electronic databases) and 3.32 (Development of an Electronic System for exchanging Data on the origin of goods);

(i) the information contained in the certificate of origin does not correspond, as of the date of registration of the Customs declaration, to the information contained in the electronic database specified in Article 3.31 (Use of electronic databases);

(j) verification procedures performed in accordance with Articles 3.33 (Verification of origin) and 3.34 (On-site inspection) do not allow determining the origin of the goods or indicate that the goods do not meet the criteria for determining the origin of the goods;

(k) the verifying authority of the exporting Party has confirmed that the certificate of origin has not been issued (i.e. is fake) or has been cancelled (revoked);

(l) the customs authority of the importing Party has not received a response from the verifying authority of the exporting Party within 120 (one hundred and twenty) days from the date of sending the verification request, or the response received does not contain sufficient information to determine the origin of the goods; or

(m) the customs authority of the importing Party, within 60 (sixty) days from the date of sending the request for an on-site inspection provided for in paragraph 2 of Article 3.34 (On-site inspection), has not received written consent from the verifying authority of the exporting Party to conduct such an inspection or has been refused to conduct such an inspection in accordance with paragraph 5 of Article 3.34 (On-site inspection verification).

Section IV. Administrative cooperation

Article 3.28

Authorized and verifying bodies

The Governments of the Parties should appoint or retain the existing authorized and verification bodies.

Article 3.29

Notifications

1. Prior to the entry into force of this Agreement, each Party must send to the other Party, through the Eurasian Economic Commission and the Ministry of Trade of the Republic of Indonesia, respectively, the following information:

(a) the names and addresses of each authorized and verifying authority of the Parties;

(b) the contact e-mail addresses of the customs and verification authorities of the Parties in order to simplify verification procedures; and

(c) the electronic addresses of the electronic databases referred to in Article 3.31 (Use of electronic databases), as well as information on the requirements necessary to access such electronic databases (user names and passwords, if any).

2. The Eurasian Economic Commission and the Ministry of Trade of the Republic of Indonesia shall publish on the Internet information on the names and addresses of authorized and verifying bodies of each of the Parties.

3. Information on any changes to the information provided for in this Article must be sent in advance and in the same manner through the Eurasian Economic Commission and the Ministry of Trade of the Republic of Indonesia.

Article 3.30

The language of administrative cooperation

Any notification or interaction between the Parties under this Chapter must be made through the relevant authorities in English.

Article 3.31

Use of electronic databases

1. In order to simplify the procedure for obtaining tariff preferences, the Parties use secure electronic databases of authorized bodies containing information on issued certificates of origin of goods and allowing the customs authorities of the importing Party to verify the authenticity of such certificates of origin (hereinafter referred to as electronic databases).

2. Electronic databases must meet the following requirements:

(a) completeness, topicality and reliability of the information contained;

(b) protection of the information contained from unauthorized access, destruction, modification or other unlawful actions;

(d) entering into the electronic database information identical to the information contained in the certificates of origin (with the exception of signatures and seals), no later than 1 (one) day from the date of issue of such certificates;

(e) storing information about issued certificates of origin for the period provided for in paragraph 3 of Article 3.24 (Document retention requirements); and

(f) the possibility of storing (printing) the information contained in the electronic database by the customs authorities of the importing Party.

Article 3.32

Development of an electronic system for exchanging data on the origin of goods

1. In order to further develop paperless trade, the Parties should strive to develop and ensure the operation of an electronic commerce system based on the concept of electronic information exchange.

2. The ECMTA should provide for the possibility for the customs authorities of the importing Party to receive information contained in certificates of origin issued by authorized authorities of the exporting Party through electronic data transmission.

3. All requirements and technical conditions for the use of ESODPT should be established in a separate protocol.

4. In order to confirm the origin of goods in accordance with subparagraph "c" of paragraph 2 of Article 3.26 (Granting tariff preferences), if the Parties implement the ECMTA, the original certificate of origin on paper, its copy or the certificate of origin issued electronically without the original on paper, are not submitted to the customs authorities. the importing Party. In this case, for the purposes of obtaining tariff preferences, the date of issue and the number of such certificate must be indicated in the customs declaration.

Article 3.33

Verification of origin

1. In case of reasonable doubts about the authenticity of the document on the origin of the goods and (or) the conformity of the goods stated in the document on the origin of the goods with the criteria for determining the origin of the goods set out in Article 3.3 (Criteria for determining the origin of goods), as well as during random inspection, the customs authorities of the importing Party may request the verifying authority of the exporting Party to confirm the authenticity of the document on the origin of the goods and (or) the conformity of the goods with the criteria for determining the origin of the goods, and (or) provide, if necessary, documentary confirmation from the manufacturer and (or) exporter of the goods (hereinafter referred to as the verification request).

2. In the cases specified in subparagraphs "b" - "i" of paragraph 2 of Article 3.27 (Refusal to grant tariff preferences), the customs authorities of the importing Party are not required to send a verification request for the purpose of making a decision on refusal to grant tariff preferences.

3. All verification requests must be sent by official letters and accompanied by information sufficient to identify the goods in respect of which such requests are being sent, indicating the circumstances and reasons for such a request, as well as contain copies of relevant documents on the origin of the goods.

4. The recipient of the verification request must provide a response to the customs authorities of the importing Party within 120 (one hundred and twenty) days from the date of sending such verification request.

5. A copy of the verification request and accompanying documents, as well as the response to the verification request, must be sent electronically between the customs authority of the importing Party and the verification authority of the exporting Party through the contact email addresses specified in paragraph 1 of Article 3.29 (Notifications). In this case, the verification request and the response to the verification request must also be sent in hard copy by mail. The requested and requesting authorities of the Parties must immediately begin to perform the actions necessary within the framework of verification procedures, without waiting for the receipt of a verification request or a response to it in hard copy.

6. In response to a verification request, the verifying authority of the exporting Party must indicate whether the document on the origin of the goods is authentic and/or whether the goods can be considered originating, including providing the requested documents on the basis of which such a document on the origin of the goods was issued, received from the manufacturer and/or exporter of the goods. Until a response to the verification request is received, the provisions of paragraph 6 of Article 3.26 (Provision of tariff preferences) may apply. The paid import customs duties or the security provided for the fulfillment of the obligation to pay import customs duties are subject to refund if the results of the verification procedures clearly indicate that these goods are originating and meet all the requirements of this Chapter.

7. The customs authority of the importing Party must verify the authenticity of the certificate of origin in accordance with the provisions of this Article in the following cases::

(a) the electronic database or EDS is not functioning properly due to force majeure or other justifiable reasons; or

(b) the certificate of origin of the goods has been issued by an authorized body, information about which has not been communicated by the Eurasian Economic Commission or the Ministry of Trade of the Republic of Indonesia in accordance with the procedure provided for in Article 3.29 (Notifications).

8. Despite the provisions of subparagraph "a" of paragraph 7 of this Article, if the importer has the original certificate of origin on paper, tariff preferences may be granted without mandatory verification procedures.

Article 3.34

On-site inspection

1. If the Customs authorities of the importing Party are not satisfied with the results of the verification provided for in Article 3.33 (Verification of Origin), such authorities may, in exceptional cases, send a request to the exporting Party to conduct an on-site inspection in order to examine the documentation specified in Article 3.24 (Document storage requirements) and (or) to inspect the facilities used in the production of goods.

2. In order to conduct an on-site inspection in accordance with paragraph 1 of this Article, the customs authorities of the importing Party must send a written request about their intention to conduct such an inspection (hereinafter referred to as the request for an on-site inspection) to the verifying authority of the exporting Party. A copy of the request for an on-site inspection must also be sent electronically between the customs authority of the importing Party and the verifying authority of the exporting Party through the contact email addresses specified in paragraph 1 of Article 3.29 (Notifications).

3. The request for an on-site inspection specified in paragraph 2 of this Article must be as complete as possible and include, inter alia:

(a) the name of the Customs authorities of the Party that sent such a request;

(b) the name of the manufacturer and/or exporter of the goods whose production facilities are to be visited;

(d) the scope of the proposed on-site inspection, including information about the goods being inspected and doubts about their origin; and

(e) Preliminary information about the competent authorities whose representatives are expected to participate in the on-site inspection.

4. The verifying authority of the exporting Party must request written consent from the manufacturer and/or exporter of the goods whose premises are to be visited to conduct such an on-site inspection and send it to the requesting Party within 60 (sixty) days from the date of sending such an on-site inspection request.

5. If, within 60 (sixty) days from the date of sending the request for an on-site inspection, written consent has not been received from the verifying authority or a refusal to conduct an on-site inspection has been received, the requesting Party refuses to grant tariff preferences for the goods specified in the document(s) on the origin of the goods in respect of which) it was supposed to conduct such an on-site inspection.

6. Any on-site inspection must be initiated within 60 (sixty) days from the date of receipt of written consent and completed within a reasonable period of time (including preparation of the report provided for in paragraph 11 of this Article), which should not exceed 150 (one hundred and fifty) days from the date of receipt of such written consent.

7. An on-site inspection should be carried out by an inspection team consisting of representatives of the competent authorities of the importing and exporting Parties.

8. The competent authorities of the exporting and importing Parties should provide the necessary assistance to the inspection team for the effective implementation of the on-site inspection.

9. The manufacturer and (or) exporter of goods who has agreed to conduct an on-site inspection must assist in its conduct, provide access to production facilities, financial (accounting) and other production documents related to the subject of the on-site inspection, and, if necessary, must provide any additional information and (or) documents.

10. If, during an on-site inspection, obstacles are created by the authorities or organizations of the inspected Party that make it impossible to conduct such an inspection, the importing Party has the right to refuse to grant tariff preferences for the relevant goods.

11. The results of the on-site inspection must be documented in the form of a report in English, which must clearly indicate the compliance or non-compliance of the goods in respect of which such an inspection was carried out with the requirements of this Chapter.

12. The verifying authority of the exporting Party must, no later than 20 (twenty) days from the date of completion of the on-site inspection, send a copy of the report on its results to the manufacturer and (or) exporter in respect of whose goods such inspection was carried out.

13. Tariff preferences, the provision of which has been suspended or cancelled, must be restored based on the results of an on-site inspection, if such results indicate that the goods in respect of which an on-site inspection has been carried out meet the requirements of this Chapter.

14. All costs associated with the participation of representatives of the importing Party in conducting an on-site inspection must be paid by the importing Party.

Article 3.35

Confidentiality

All information provided in accordance with this Chapter should be treated as confidential by the Parties in accordance with the relevant legislation of the Parties. Such information should not be disclosed without the written permission of the person or authority of the Party that provided such information, except in cases where its disclosure may be required in the context of legal proceedings.

Article 3.36

Fines and other measures against fraudulent activities

Each Party should provide for the application of criminal or administrative liability measures for violations of relevant legislation relevant to the implementation of the requirements of this Chapter.

Section V. Transitional provisions

Article 3.37

Goods in the process of transportation or storage

Tariff preferences should be granted in respect of originating goods that were in the process of transportation from the exporting Party to the importing Party or in temporary storage under customs control in the importing Party for a period of time not exceeding 6 (six) months prior to the date of entry into force of this Agreement, if such goods are imported into the territory of the importing Party or declared to the customs authorities of the importing Party on or after the date of entry into force of this Agreement, subject to compliance with the requirements, provided for in Article 3.26 (Provision of tariff preferences).

chapter 4

CUSTOMS ADMINISTRATION AND TRADE FACILITATION

Article 4.1

Coverage

This Chapter applies to customs procedures, the implementation of which is necessary for the release of goods in trade between the Parties, in order to:

(a) Ensuring the predictability, consistency and transparency of customs procedures;

(b) facilitating the effective implementation of customs procedures of the Parties and the expeditious completion of customs operations;

(c) encouraging, as far as possible, the harmonization of customs procedures of the Parties with relevant international standards;

(d) facilitating trade between the Parties; and

(e) strengthening cooperation between the customs authorities of the Parties.

For the purposes of this Chapter, "customs procedures" means activities carried out by persons and customs authorities of the Parties in relation to transported goods and vehicles in order to ensure compliance with legislation applicable in the field of customs regulation.

Article 4.2

The main provisions

1. Each Party must ensure that the Customs procedures carried out in that Party comply with the objectives of this Chapter listed in Article 4.1 (Coverage).

2. Unless otherwise provided in this Chapter, the provisions of Section I of the Agreement on Trade Facilitation contained in Annex 1A to the WTO Agreement are incorporated into this Agreement, form an integral part of it and must be applied between the Parties.

3. The customs procedures of the Parties should, as far as possible and permitted in accordance with their legislation applicable in the field of customs regulation, be based on the standards and recommended practices of the World Customs Organization.

4. The Parties should strive to review their customs procedures in order to simplify and facilitate trade.

Article 4.3

Publication and transparency

1. The Parties should, as far as possible, publish their legislation applicable in the field of customs regulation in English.

2. The Customs authorities of each Party must designate or maintain one or more contact points for processing requests from interested parties on customs regulation issues and publish information about such contact points on the Internet.

3. The Parties must send each other information about the designated contact points through the Eurasian Economic Commission and the Main Customs and Excise Directorate of the Ministry of Finance of the Republic of Indonesia, respectively.

Article 4.4

Release of goods

1. Each Party should organize or continue to implement customs procedures in such a way as to ensure the early release of goods in order to simplify trade between the Parties. However, this does not oblige a Party to release goods if the requirements necessary for the release of such goods in that Party have not been met.

2. In accordance with paragraph 1 of this Article, each Party must:

(a) ensure that the goods are released as soon as possible from the moment of their arrival. Under normal circumstances, the time limit for the release of goods should not exceed 24 (twenty-four) hours from the date of registration of the customs declaration, provided that all necessary requirements have been met.;

(b) implement or maintain the preliminary provision and processing of Customs information in electronic form prior to the arrival of goods in order to release such goods as soon as possible upon their arrival.

Article 4.5

Customs cooperation

1. In order to facilitate the effective functioning of this Agreement, the customs authorities of the Parties should facilitate interaction with each other on key issues of customs regulation that affect goods in trade between the Parties.

2. If the customs authority of a Party, in accordance with its legislation, has reasonable suspicions of carrying out illegal activities, such customs authority may request the customs authority of the other Party to provide information normally collected in connection with the export and (or) import of goods.

3. A request made in accordance with paragraph 2 of this Article must be executed by an official letter containing information about the purpose for which the information is requested and must include information sufficient to identify the relevant goods. The request must be sent electronically through the communication channels provided for in paragraph 7 of this Article. In this case, an official letter on paper containing the request must be sent by mail.

4. The Customs authority that received the request in accordance with paragraph 2 of this Article must provide a written response containing the requested information no later than 90 (ninety) days from the date of sending the request. If it is not possible to provide a full or partial response to the received request within the specified period, the customs authority to which the request was received must inform the customs authority that sent such a request about the expected time frame for providing a response.

5. All requests and responses sent in accordance with this Article must be made in English.

6. The Customs authority that received the request should strive to provide the Customs authority that sent such a request with any other information that may help the customs authority of the Party that sent the request to determine whether the goods exported from or imported into that Party comply with the legislation of that Party.

7. The Customs authorities of the Parties should establish or maintain communication channels necessary for customs cooperation, including contact points, which should facilitate and improve coordination between the Parties in the field of customs regulation.

8. In order to further develop customs cooperation on the issues covered by this Chapter, the Parties may enter into negotiations on mutual assistance in the field of customs regulation.

Article 4.6

The use of information technology

The Parties should apply information technology in accordance with relevant standards and best practices recommended by the World Customs Organization and other international organizations.

Article 4.7

Information exchange

1. In order to simplify the implementation of customs procedures and prevent violations of legislation applicable in the field of customs regulation, the Parties may organize between the customs authorities of the Parties and carry out on an ongoing basis the exchange of information regarding goods in trade between the Parties (hereinafter - the exchange of electronic information).

2. On behalf of the EAEU, the exchange of electronic information should be carried out using the technical infrastructure of the EAEU Integrated Information System.

3. All requirements and technical conditions for the functioning of the electronic information exchange, as well as the specific composition of the information to be exchanged, should be defined in a separate protocol concluded between the authorized bodies of the EAEU member States and Indonesia.

4. On behalf of the EAEU, the Eurasian Economic Commission should coordinate the creation and ensure the functioning of electronic information exchange.

Article 4.8

Mutual recognition of authorized economic operators

The Parties should establish programs of Authorized Economic Operators and may consider the possibility of conducting negotiations on the mutual recognition of programs of Authorized Economic Operators established in the Parties.

Article 4.9

Confidentiality

All information provided in accordance with this chapter should be treated as confidential by the parties in accordance with the relevant legislation of the parties. Such information may not be disclosed without the written permission of the person who provided it or the party's authority, except in cases where disclosure of such information may be required in court proceedings.

Chapter 5

TRADE PROTECTION MEASURES

Section A: General provisions

Article 5.1

General provisions

1. The parties shall take anti-dumping, countervailing and special protective measures in accordance with Articles VI and XIX of Article 1994 of the GATT, the anti-dumping agreement, the SCM Agreement and the Agreement on Special Protective Measures, unless otherwise provided by this chapter.

2. Anti-dumping, countervailing and special protective measures are applied in full compliance with all WTO requirements and with full respect for the rights of interested parties to protect their interests.

3.Indonesia does not consider the EAEU Member States jointly for the purpose of conducting any subsequent procedures, including anti-dumping, countervailing and special protective investigations and their review, initiated after the entry into force of this Agreement, as well as the application of anti-dumping, countervailing or special protective measures.

4. Despite the provisions of paragraph 3 of this Article, if there are subsidies within the meaning of Article XVI of the GATT 1994 and Article 1 of the EAEU Agreement allocated at the EAEU level in respect of goods of the EAEU Member States and are exclusive within the meaning of Article 2 of the EAEU Agreement transferred in respect of goods of the EAEU Member States, Indonesia has no other states and compensatory measures in accordance with the agreement on the EAEU Member States. The response to the survey that the company has not received subsidies at the EAEU level is considered sufficient and is subject to verification. The subsidy rate, based on the best available information, can be assigned to producers and/or exporters of the EAEU member States, a recognized Indonesian investigative body that does not cooperate in accordance with the SCM agreement.

Article 5.2

Information exchange

1. All official correspondence and documentation exchanged by the parties in relation to matters to which this chapter applies shall be carried out between the competent authorities of the parties.

2. Within 30 (thirty) days from the date of entry into force of this Agreement, the parties shall exchange information on the names and contact details of the competent authorities of the parties, including contact information for the exchange of information in electronic form. The Parties shall immediately notify each other of any changes concerning the competent authorities and their contact details.

3.If the exchange is carried out in hard copy, all official correspondence and documentation, including notifications and requests provided for in this chapter, as well as confidential information and requirements for the protection of the provisions of annex II to the anti-dumping agreement, are sent to the competent authorities electronically without undue delay in a format that allows for search in compliance with the requirements.

4. A notification requirement shall be deemed unfulfilled in accordance with this chapter if a party has not sent a notification or request to the relevant competent authority of the other party specified in paragraph 2 of this article.

Article 5.3

Consulting services

The Parties may consult on the issues of this chapter. To this end, one of the parties sends a written request to the other party for consultations. Consultations are conducted as soon as possible, but no later than 30 (thirty) days from the date of receipt of the response to the request. These consultations should not prevent the parties from initiating an anti-dumping, countervailing, special protective investigation or a procedure preceding the application of a bilateral protective measure, and should not prevent such investigations or procedures from being conducted or measures from being introduced.

Article 5.4

Dealing with confidential information

The party's body conducting the investigation requires that interested parties presenting confidential information submit its unclassified summaries. Such unclassified summaries should be detailed enough to provide a reasonable understanding of the confidential information so that other stakeholders can respond and protect their interests. In exceptional cases, such people may indicate that such information does not match the resume. In such exceptional cases, the reasons why the resume cannot be submitted should be indicated.

Article 5.5

Cooperation on trade protection measures

1. The parties shall cooperate through a dialogue on best practices on trade protection measures, in which representatives of the competent authorities of each Party participate at the appropriate level.

2. The purpose of the cooperation is, among other things, to:

(a) enhancing a party's knowledge and understanding of the other party's legislation, policies and practices in the field of trade protection measures;

(b) Monitoring the implementation of this chapter;

(c) where possible, exchange information on issues related to trade protection measures and discuss topics of mutual interest by agreement of the parties; and

(d) Deepening the party's knowledge and understanding of issues related to countering circumvention in the application of anti-dumping and countervailing measures.

3. The dialogue is conducted as necessary at the request of any party.

Section: Anti-dumping and countervailing measures

Article 5.6

Information verification

In any procedure in which the investigating authority decides to conduct an on-site verification of the information provided by the respondent, the investigating authority transmits to each respondent its intentions and:

(a) each respondent is notified by the authority of the days on which he intends to conduct a verification visit no later than 14 (fourteen) days in the case of an anti-dumping investigation and 21 (twenty-one) days in the case of a compensation investigation;

(b) no later than 10 (ten) days in the case of an anti-dumping investigation and no later than 14 (fourteen) days prior to the start of the verification visit, submit to the respondent a document outlining the topics to be discussed during the verification visit, as well as listing the types of supporting documents that can be verified;4 and

(c) after the completion of the verification visit, as well as taking into account the requirements for the protection of confidential information, information is disclosed on the extent to which the data provided by the respondent is confirmed by verified documents during the verification visit. The respondent, in respect of whom a verification visit was made, should be informed about the results of the verification visit within a period sufficient to protect his interests, before or as part of the disclosure of material facts.

_________________ _4 This does not prohibit the investigating authority from adjusting the date necessary in the context of events that occurred during the investigation and after consultation with the respondent.

Article 5.7

Not a secret file

1. The investigating authority of the party shall maintain an unclassified dossier for each ongoing investigation or review, which contains all unclassified documents contained in the data of each ongoing investigation or review, to the extent possible without disclosing classified information.

2. All unclassified documents contained in investigative or audit documentation must be made available to interested parties in a timely manner, taking into account the procedures provided for by the legislation of the parties. The investigating authority of the party provides timely opportunities for remote electronic download of unclassified documents contained in the investigation or review documents.

3. The party shall provide the interested parties involved in the investigation with an up-to-date list of documents contained in the documentation of any ongoing investigation or review, if possible in electronic form.

Article 5.8

A letter about the identified inconsistencies

If the authority of the investigating party determines that a timely response to a request for information is not ideal in all respects, if the person concerned is acting as best as possible, the investigating authority will try its best, taking into account the deadlines provided for completing the anti-dumping or countervailing investigation, before accepting the information.. for the purposes of the investigation, including, if necessary, to obtain full information, if there are grounds, to offer the defendant a reasonable extension of time for a more detailed and correct response in accordance with the provisions of the Anti-Dumping Agreement and the SCM Agreement. If this interested party provides additional information, and the investigating authority considers that the response was unsatisfactory or that the response was not given within the prescribed time limit, and if the investigating authority does not take into account the full or partial initial and subsequent response, the investigating authority explains in an opinion or other document the reasons for the refusal to record this information in writing.

Article 5.9

Disclosure of basic facts

1. After the introduction of preliminary anti-dumping or countervailing measures and in any case before the final conclusion on anti-dumping or countervailing measures, the parties shall inform all interested parties of all the main facts forming the basis for making a decision on the application of preliminary or final measures. In particular, the information includes:

Article 5.9

Disclosure of basic facts

1. Immediately after the introduction of preliminary anti-dumping or countervailing measures and in any case before the final conclusion on anti-dumping or countervailing measures, the Parties shall inform all interested parties of all the main facts that form the basis for the decision on the application of preliminary or final measures. In particular, the information contains:

(a) the name of the suppliers or, where impracticable, the supplier countries;

(b) a description of the goods sufficient for Customs purposes;

(d) the amount of the dumping margin or the amount of the subsidy and the methodology used by the investigating authority to determine the normal value, export price or amount of the subsidy, respectively;

(e) the available facts and the source of the available facts used in accordance with Articles 6.8 of the Anti-Dumping Agreement and 12.7 of the SCM Agreement, respectively;

(f) an assessment of all relevant economic factors and indicators related to the state of the economic sector listed in Articles 3.4 of the Anti-Dumping Agreement and 15.4 of the SCM Agreement, respectively;

(g) evidence of a causal relationship between dumped or subsidized imports and damage, an assessment of any known factors other than dumped or subsidized imports that simultaneously damage an economic sector, and an analysis of the non-attribution of such damage to damage from dumped or subsidized imports in accordance with Articles 3.5 of the Antidumping Agreement and 15.5 of the SCM Agreement, respectively;

(h) the main reasons on the basis of which the conclusion is made.

2. Subject to the requirements of protecting confidential information, the investigating authority may use any reasonable means to disclose material facts, including a report summarizing the information contained in the dossier, a draft opinion or preliminary opinion, or any combination of such reports or conclusions that will provide interested parties with an opportunity to comment on the disclosure of material facts.

3. Interested parties are given at least 15 (fifteen) days to provide comments on such disclosure of essential facts.

Article 5.10

Public notification

The public notification of the completion of the investigation, in the event of a positive conclusion for the imposition of final duties or price commitments, contains, or otherwise provides access, through a separate report, to all relevant information on relevant factual and legal issues and grounds that led to the imposition of final measures or price commitments. If confidential information is part of the relevant factual information, the disclosure obligation is fulfilled by the investigating authority by disclosing non-confidential summaries of such information. Such notification or report contains, in particular:

(a) the name of the suppliers or, where impracticable, the supplier countries;

(b) a description of the goods sufficient for Customs purposes;

(d) the amount of the established dumping margin and a full explanation of the reasons for the use of the methodology used to determine and compare the normal value and the export price, or the calculation of the subsidy amount and the methodology used by the investigating authority to calculate the benefit;

(e) an assessment of all relevant economic factors and indicators related to the state of the economic sector listed in Articles 3.4 of the Anti-Dumping Agreement and 15.4 of the SCM Agreement, respectively, and the grounds for concluding the damage;

(f) evidence of a causal relationship between dumped or subsidized imports and damage, an assessment of any known factors other than dumped or subsidized imports that simultaneously damage an economic sector, and an analysis of the non-attribution of such damage to damage from dumped or subsidized imports in accordance with Articles 3.5 of the Anti-Dumping Agreement and 15.5 of the SCM Agreement, respectively, and the relevant grounds;

(g) the main reasons on the basis of which the conclusion is made.

Article 5.11

Countering circumvention

1. The Parties recognize the importance of actions necessary to combat circumvention practices and agree to cooperate before initiating an investigation to establish circumvention. The provisions of this paragraph should not prevent the Parties from initiating and conducting an investigation in order to establish circumvention.

2. A Party may apply a measure to counter circumvention in respect of imports of goods supplied by producers or exporters from the other Party only on the basis of an investigation conducted by the investigating authority of the Party in order to establish circumvention.

3. A measure to counter circumvention may not be applied to the import of goods supplied by manufacturers or exporters from another Party until the investigating authority of the Party proves the existence of circumvention based on evidence and facts, and not just on statements, assumptions and remote possibilities.

4. The normal value of the goods, their components or derivatives, is their normal value, determined during the investigation, as a result of which the importing Party introduced an anti-dumping measure, taking into account appropriate adjustments for comparison purposes.

5. The Parties conduct investigations to establish circumvention transparently and respect the interests and rights to protection of all interested persons affected by the investigation.

6. The Parties shall strive to cooperate and provide the necessary assistance and information to clarify the actual situation that is the subject of an investigation to establish a circumvention.

7. In any investigation, in order to establish a bypass in which a Party has decided to conduct a verification visit on the territory of the other Party, the investigated company is notified at least 14 (fourteen) days before the verification visit. The relevant authorities of the other Party may participate in the verification visit.

8. The Party conducting an investigation to establish a circumvention, before making a final conclusion, informs all interested persons in the territory of the other Party about the material facts under consideration, which form the basis of the conclusion. All interested parties are given an adequate opportunity to comment on such essential facts. Such disclosure of material facts takes place within a reasonable period of time, allowing interested parties to protect their interests.

9. Any investigation to establish circumvention is completed within 12 (twelve) months from the date of its commencement.

Article 5.12

Notifications

1. When the investigating authority of a Party receives a duly executed application for conducting an anti-dumping investigation in respect of imports from the other Party, that Party shall, at least 7 (seven) days after receiving such an application and no later than 15 (fifteen) days prior to the start of the investigation, send a written notification to the other Party of receipt of the application, which contains the following:

(a) Product description;

(b) the tariff classification number according to which the goods are imported;

(d) the name and address of the investigating authority.

2. When the investigating authority of a Party receives a duly executed application for a compensation investigation in respect of imports from the other Party, the Party shall send a written notification to the other Party at least 7 (seven) days after receiving such an application and no later than 15 (fifteen) days prior to the start of the investigation, including an invitation for consultations., on receiving an application that contains at least the following:

(a) Product description;

(b) the tariff classification number according to which the goods are imported;

(d) the data on the exporters and countries of export named in the application; and

(f) the name and address of the investigating authority.

3. The Parties shall provide electronic copies of notifications and requests in accordance with this Section no later than the date of sending official letters with the notification or request in printed format.

Section C: Special protective measures

Article 5.13

Introduction of special protective measures

1. A special protective measure shall not be applied to the goods of the other Party when its share in the imports of the goods in question of the importing Party does not exceed 3 (three) percent of the total imports, or in accordance with Article 9.1 of the Agreement on Special Protective Measures.

2. A Party applying a special protective measure from which imports from the other Party are initially excluded in accordance with paragraph 1 of this Article may subsequently apply a special protective measure to imports from the other Party if the investigating authority determines that the other Party's share in imports of the goods in question of the importing Party exceeds 3 (three) percentage of total imports.

3. A Party shall immediately notify the other Party in writing of all necessary information in the case of:

(a) Initiation of an investigation;

(b) making an opinion on the issue of serious damage or threat of such caused by increased imports;

(d) making a decision on the application or extension of a special protective measure.

4. A Party shall notify the other Party on the issues of paragraphs 3 (b) and 3 (c) of this Article prior to the application of a preliminary and (or) final special protective measure.

5. The Parties conducting special protective investigations shall provide electronic copies of notifications and requests in accordance with this Article and Article 5.1 (General Provisions) immediately, but no later than 5 (five) days from the date of the official letters of notification or request in printed format.

Section D: Bilateral protective measures

Article 5.14

Application of bilateral protective measures

1. If, as a result of the reduction or cancellation of customs duties in accordance with this Agreement, goods originating from the Party specified in Appendix 1 (Lists of Tariff Obligations) are imported into the territory of the other Party (hereinafter - preferential importation5) in such increased quantities, in absolute terms or relative to domestic production, and under such conditions that causes or threatens to cause serious damage to an economic sector producing similar or directly competing goods in the territory of the importing Party, the importing Party may apply a bilateral protective measure in the amount necessary to eliminate or prevent serious damage or its threats, subject to the provisions of this Section.

2. If the conditions specified in paragraph 1 of this Article are fulfilled, the importing Party may apply a bilateral protective measure only in the form of:

(a) suspending the further reduction of the customs duty rate provided for in this Agreement for the originating goods; or

(b) an increase in the rate of customs duty on originating goods to the required level, not exceeding the applicable rate of customs duty under the most-favored-nation regime in effect during the application of the bilateral safeguard measure.

3. Bilateral protective measures are applied only if there is clear evidence that increased preferential imports cause or threaten to cause serious damage.

4. As part of the procedure to determine whether increased imports cause serious damage to the economic sector in accordance with the provisions of this Article, the investigating authority of the Party evaluates all relevant objective and quantifiable factors that affect the state of the industry, in particular, the rate and volume of growth of preferential imports of this product in absolute and relative terms., the share of increased preferential imports in the domestic market, changes in sales, production, productivity, capacity utilization, profit, losses and employment.

5. The threat of serious damage is understood as the clear inevitability of serious damage. Determining the threat of serious damage is based on facts, not assumptions, guesses, or remote possibilities.

6. The investigating authority of the Party shall show, on the basis of objective evidence, the existence of a causal relationship between increased preferential imports of the goods in question and serious damage or threat thereof. Due consideration is given to other factors that simultaneously damage the industry, including imports of the same product from other countries, and such damage should not be attributed to increased preferential imports.

7. A Party applies a bilateral protective measure only after completing the procedure of the investigating authority of the Party preceding the application of the bilateral protective measure.

8. A Party shall immediately notify the other Party of the commencement of the procedure preceding the application of a bilateral protective measure and the grounds for its commencement. Such notification includes:

(a) an accurate description of the originating product, which is the subject of the procedure preceding the application of the bilateral safeguard measure, including its position and subheading according to the HS, on which the tariff obligations in Annex 1 (Lists of Tariff Obligations) are based;

(b) the date of commencement of the procedure preceding the application of the bilateral safeguard measure;

(d) The name, address and telephone number of the investigating authority.

9. The procedure preceding the application of a bilateral protective measure is completed within 9 (nine) months from the date of its commencement.

10. The Party intending to apply a bilateral safeguard measure, immediately and in any case before applying a bilateral safeguard measure, notifies the other Party in writing and provides an opportunity for consultations.

11. The notification in accordance with paragraph 10 contains all relevant information, including:

(b) evidence of serious damage or threat thereof caused by an increase in preferential imports of goods originating from the other Party as a result of the reduction or cancellation of customs duties in accordance with this Agreement;

(d) An accurate description of the proposed bilateral safeguard measure;

(e) the proposed date of the introduction of the bilateral safeguard measure and its expected duration;

(f) Timetable for phasing out the measure, if applicable;

(g) an offer of compensation in accordance with paragraph 14 of this Article.

12. The Parties shall provide electronic copies of notifications and requests in accordance with this Article no later than the date of sending official letters with the notification or request in printed format.

13. The Party shall, within 30 (thirty) days from the date of notification specified in paragraph 10 of this Article, examine the information provided in order to facilitate a mutually acceptable solution to the issue.

14. The Party that may be affected by the measure should be offered compensation in the form of substantially equivalent trade liberalization with respect to imports from such a Party.

15. At the request of either Party, sent within 30 (thirty) days after receiving the notification pursuant to paragraph 10 of this Article, the Parties shall immediately enter into consultations to work out a mutually acceptable solution, including compensation. If a mutually acceptable solution is agreed upon, this decision is made in writing and is binding on the Parties. If the Parties do not find a mutually acceptable solution within 60 (sixty) days from the date of receipt of the request in accordance with paragraph 10 of this Article, the importing Party may apply a bilateral protective measure to resolve the problem and, in the absence of mutually acceptable compensation, the Party to whose goods the bilateral protective measure is applied may take a compensatory measure.

16. As a rule, a compensatory measure is the suspension of concessions that have a substantially equivalent effect on trade, and/or the suspension of concessions that are substantially equivalent to the amount of additional duties expected from the application of a bilateral safeguard measure or are the actual result of the application of a bilateral safeguard measure. A Party shall apply a compensatory measure for the minimum period necessary to achieve a substantially equivalent effect on trade, and in any case after the entry into force of the bilateral safeguard measure and only for the duration of its application.

17. Notification of the compensatory measure shall be immediately sent to the other Party in writing at least 30 (thirty) days prior to the application of the compensatory measure. The notification contains:

(a) a description of the compensating measure, including a description of the equivalence of the compensating measure;

(b) an accurate description of the goods originating from the other Party that are the subject of the compensatory measure, including their position and subheading according to the HS, on which the tariff obligations in Annex 1 (Lists of Tariff Obligations) are based, if applicable;

(d) the date of the introduction of the compensatory measure and the expected period of its application.

18. The Party shall immediately notify the other Party in writing of the decision to apply or extend the bilateral protective measure.

19. The notification pursuant to paragraph 18 of this Article shall include:

(a) an accurate description of the goods originating from the Party that is the subject of a bilateral protective measure, including their position and subheading according to the HS, on which the tariff obligations in Annex 1 (Lists of Tariff Obligations) are based;

(b) an accurate description of the bilateral protective measure;

(d) a timetable for phasing out the measure, if applicable.

20. The bilateral protective measure is applied for a period not exceeding 2 (two) years. The period of application of a bilateral protective measure may be extended to 1 (one) year, provided there is evidence of the need for measures to eliminate or prevent serious damage or its threat, as well as evidence of industry adaptation.

21. A bilateral safeguard measure is not applied during the first year from the date of entry into force of this Agreement.

22. In mutual trade, neither Party applies to the same product at the same time.:

(a) A two-way protective measure; and

(b) a special protective measure in accordance with Article XIX of GATT 1994 and the Agreement on Special Protective Measures.

23. The Party does not apply the bilateral protective measure repeatedly in respect of the same product for a period equal to the period of validity of the previous bilateral protective measure.

5. Each Party confirms its commitment to ensure the availability of developed or adopted technical regulations and conformity assessment procedures in accordance with the relevant requirements of the TBT Agreement.

6. Each Party shall provide the other Party with a list of conformity assessment bodies accredited by their national accreditation bodies, as well as information on the scope of their accreditation.

7. The Parties are invited to increase transparency in the development of standards, technical regulations and conformity assessment procedures, including through the use of electronic means.

8. In order to provide manufacturers with sufficient time to adapt their products or production methods to the requirements of the other Party, each Party shall, as a rule, provide at least 6 (six) months from the date of publication of the technical regulations until its entry into force, except in cases of occurrence or threat of urgent problems of safety, health, environmental protection. environment or national security, or when it would be ineffective to achieve the legitimate objectives of such technical regulations.

9. The Parties shall endeavour to exchange information in accordance with this Article in English.

__________________ 7 For greater reliability, for the purposes of this paragraph, the Parties are understood to be the Parties to this Agreement, including their stakeholders.

Article 6.10

Information exchange and technical discussions

1. The Parties shall cooperate in areas of mutual interest in the field of standards, technical regulations and conformity assessment procedures. Cooperation should be conducted on mutually agreed terms and conditions.

2. A Party may request the other Party to provide information on any issue arising under this Chapter, including differences in the content and structure of relevant international standards modified during the development of national standards of the Parties. The Party receiving the request in accordance with this paragraph shall provide the information within a reasonable period of time and, if possible, by electronic means.

3. Each Party shall promptly and favourably consider any request from the other Party for technical discussions on any issue arising under this Chapter.

4. At the request of one of the Parties to hold technical discussions on any issue arising under this Chapter, the Parties agree to initiate technical discussions by notifying the contact points established in accordance with Article 6.11 (Contact Points).

5. In order to reach a mutually acceptable solution on the issue as soon as possible, technical discussions shall be held by the Parties within 30 (thirty) business days after receipt of the request, unless otherwise agreed by the Parties. Technical discussions may be conducted by any means agreed upon by the Parties.

Article 6.11

Contact points

1. Each Party shall designate a contact point or contact points responsible for coordinating the application of this Chapter.

2. Each Party provides the other Party with information about the designated contact point or contact points, including contact information such as the name(s) of the contact person(s), telephone number(s), and email address(s). Each Party must update this information.

3. Each Party shall provide, at the request of the other Party, information on the relevant authorized bodies and a written description of their functions.

4. The interaction and exchange of information between the contact points is carried out in English.

CHAPTER 7

SANITARY AND PHYTOSANITARY MEASURES

Article 7.1

Coverage

This Chapter applies to all sanitary and phytosanitary (hereinafter referred to as SPS) measures of the Parties that may, directly or indirectly, affect trade between the Parties.

Article 7.2

Definitions

When implementing the provisions of this Chapter, the definitions contained in Annex A to the SPS Agreement are applied, as well as the relevant definitions developed by international organizations: the Codex Alimentarius Commission (hereinafter referred to as Codex Alimentarius), the World Organization for Animal Health (hereinafter referred to as the WHO) and the International Plant Protection Convention (hereinafter referred to as the IPPC).

Article 7.3

General provisions

1. The Parties confirm their existing rights and obligations towards each other in accordance with this Chapter. Unless otherwise specified in this Chapter, the SPS Agreement is applied between the Parties, is included in this Agreement and forms an integral part of it.

2. The Parties shall ensure that any sanitary or phytosanitary measure is applied only to the extent necessary to protect the life or health of people, animals or plants on the territory of the Party and taking into account the minimization of the negative impact of SPS measures on mutual trade.

Article 7.4

Equivalence

1. The Parties confirm that recognition of equivalence is an important means of facilitating trade.

2. Parties may recognize the equivalence of a single measure, group of measures, or on a systematic basis to the extent feasible and permissible, taking into account relevant standards, guidelines, or recommendations of the WTO Committee on SPS Measures, IPPC, WHO, and Codex Alimentarius.

3. Upon request, the Parties shall consult with a view to reaching agreements on the recognition of equivalence of a single measure, group of measures or on a systematic basis within a reasonable period of time.

Article 7.5

Risk assessment

1. The Parties shall ensure that their SPS measures are based on an assessment of risks to human, animal or plant life or health, appropriate to the circumstances, taking into account risk assessment methods developed by relevant international organizations.

2. In cases where the relevant scientific justification is insufficient, a Party may temporarily introduce SPS measures based on the available appropriate information.

Article 7.6

Adaptation to regional conditions

1. The Parties recognize the concept of adaptation to regional conditions, including pest- or disease-free zones and areas with low pest or disease prevalence, as an important means of facilitating trade.

2. In implementing paragraph 1 of this Article, the Parties shall take into account relevant standards, guidelines or recommendations of the WTO Committee on SPS Measures, the IPPC and the WHO.

3. When defining such zones, factors such as geography, ecosystem, epidemiological surveillance and the effectiveness of FSB control are taken as a basis.

4. The exporting Party shall provide the necessary evidence to objectively demonstrate to the importing Party that such zones are indeed pest- or disease-free zones, or areas with a low prevalence of pests or diseases, and are likely to remain as such. The importing Party is provided, upon request, with reasonable access to carry out inspections, tests and other relevant procedures.

5. If the importing Party does not accept the confirmation provided by the exporting Party, then such Party explains the reasons for this and is ready to start consultations on this issue.

Article 7.7

Audits and inspections

1. Each Party may conduct an audit and/or audit, taking into account relevant international standards, guidelines or recommendations.

2. The audit is carried out on a systematic basis to assess the ability of the regulatory control of the authorized bodies and the official supervision system of the exporting Party to ensure the safety of goods and comply with the SPS measures of the importing Party or comply with the SPS measures that the importing Party has identified as equivalent to its own SPS measures.8

3. The Party conducting the audit or inspection shall provide the Party being audited or inspected with the opportunity to provide comments on the preliminary conclusion based on the results of the audit or inspection and shall take into account the comments provided before forming a final conclusion and taking any action.

4. The Party conducting the audit or inspection shall provide a written report to the Party being audited or inspected within a reasonable period of time. The Parties shall, to the maximum extent possible, strive to provide a summary of the report with the conclusion contained therein in English.

5. The expenses incurred by the Party conducting the audit or audit shall be borne by the Party conducting the audit or audit, unless otherwise agreed by the Parties in accordance with their legislation.

6. Any fees charged in connection with the procedures applied to goods imported in accordance with this Chapter shall be commensurate with any fees levied on similar domestic goods and shall not exceed the actual cost of the service.

__________________ 8 To ensure greater certainty, nothing in this paragraph prevents the importing Party from conducting an inspection of the enterprise in order to determine whether the enterprise meets the sanitary or phytosanitary requirements of the importing Party or the sanitary or phytosanitary requirements that the importing Party has identified as equivalent to its sanitary or phytosanitary requirements.

Article 7.8

Documents (certificates) confirming safety

1. If the provision of a document (certificate) confirming safety is required to confirm the health of animals or plants or the safety of goods traded between the Parties, the exporting Party shall ensure that the requirements of the importing Party are met. The importing Party shall ensure that the requirements for imported goods are applied in a proportionate and non-discriminatory manner to the extent necessary to protect human, animal or plant life or health, taking into account international standards, guidelines or recommendations.

2. The Parties agree that the procedures for approving the forms of documents (certificates) confirming the health of animals or plants or the safety of goods are carried out and completed without undue delay. If the exporting Party considers that an unreasonable delay has occurred, the exporting Party may request consultations with the importing Party.

3. In order to simplify trade, the Parties shall promote the use of electronic technologies in documents (certificates) confirming the health of animals or plants or the safety of goods.

Article 7.9

Inspections of imported goods

1. The importing Party has the right to carry out inspections of imported goods based on the FSB assessment of the risks associated with the import.

2. Inspections of imported goods are carried out in accordance with the legislation of the importing Party without undue delay.

Article 7.10

Transparency and information exchange

1. The Parties shall strive to ensure transparency in the formulation and application of SPS measures, including, inter alia, through the timely exchange of information on their respective SPS measures.

2. If a Party notifies the SPS of a WTO measure, such a Party, upon request, provides copies of the measures being developed by the SPS to the requesting Party.

3. Each Party shall provide a period of at least 60 (sixty) days for the other Party to submit comments on the measures being developed by the SPS, except in cases of urgent health protection problems or threats. Each Party takes into account the comments of the other Party and strives to provide answers to them upon request.

4. The Parties, through their contact points, provide each other with information on repeated or significant cases of non-compliance with SPS measures that directly or indirectly restrict trade and/or pose a threat to the protection of human, animal or plant life or health, and exchange relevant documents confirming non-compliance without undue delay.

5. At the written request of the other Party, each Party shall provide timely information on any issue related to SPS measures that has arisen or may arise in mutual trade between the Parties.

6. Upon request of the Party, the other Party provides, within 60 (sixty) days, information on the status of consideration of the Party's request for market access related to the SPS requirements.

7. The Parties strive to exchange information in English as much as possible.

Article 7.11

Emergency measures

1. The Parties may introduce emergency measures necessary to protect the life or health of people, animals or plants. If a Party introduces such an emergency measure that has an impact on trade between the Parties, such Party shall notify the other Party of such measure as soon as possible.

2. Each Party may request consultations on emergency measures, which should be carried out as soon as possible, unless otherwise agreed by the Parties.

_________________________ 9 A notification is considered valid if the information has been submitted to the WTO in accordance with the appropriate rules and procedures.

Article 7.12

Consultations

1. Each Party may send a written request for consultations through appropriate contact points in order to find a solution on the application of the SPS measure if it believes that the SPS measure has an impact on trade between the Parties.

2. For consultations, each Party strives to provide all necessary information within 30 (thirty) days after receiving the request for consultations.

3. The Party to which the request is sent shall enter into consultations within a period not exceeding 60 (sixty) days after receipt of the request in order to find a mutually acceptable solution. If the Party requesting consultations considers that the matter is urgent, it may request that consultations take place at a shorter time, and the other Party seeks to initiate such consultations within the suggested time frame.

4. Consultations may be conducted in any way mutually agreed upon by the Parties involved.

5. If the Parties involved deem it necessary, the results of the consultations can be stated in writing and mutually agreed upon within two (2) months.

6. If any of the Parties considers that the issue cannot be resolved through consultations,10 that Party has the right to resort to a dispute resolution procedure in accordance with Chapter 12 (Dispute Resolution).

_________________ _10 To ensure greater certainty, no Party should resort to a dispute resolution procedure in accordance with Chapter 12 (Dispute Resolution) on a matter arising under this Chapter without first attempting to resolve the matter through technical consultations in accordance with this Article.

Article 7.13

Cooperation

1. The Parties agree to strengthen cooperation in order to enhance mutual understanding of their respective SPS systems. Such cooperation may include:

(a) joint work and exchange of information between authorized bodies on SPS measures within the scope of this Chapter;

(b) strengthening cooperation between authorized bodies of the Parties that deal with food safety, human, animal or plant life or health issues within the framework of relevant international organizations;

(c) developing the exchange of experience, knowledge and best practices between authorized bodies in order to expand the potential and deepen mutual understanding of the Parties on food safety, the application of SPS measures, and the prevention of the spread of animal diseases and pests;

(d) Support the exchange of experience in relation, inter alia, to laboratory research technologies, methods of disease and pest control and risk analysis.

2. The Parties may reach additional agreements on issues related to SPS measures, including trade facilitation initiatives.

Article 7.14

Contact points

Each Party shall designate a contact point or contact points responsible for interaction on the application of this Chapter. The functions of such contact points include the following:

(a) Coordination of activities between the Parties in accordance with Article 7.10 (Transparency and information exchange);

(b) Ensuring the exchange of information under this Chapter;

(d) Receiving and sending requests for consultations and providing appropriate responses.

The Parties exchange the names and contact details of their contact points.

Each Party shall promptly notify the other Party of any changes in its contact points.

CHAPTER 8

ELECTRONIC COMMERCE

Article 8.1

Goals

1. The Parties recognize the dynamic and innovative nature of electronic commerce, which has a positive impact on the growth of mutual trade between the Parties and provides benefits to all participants in trade between the Parties.

2. The objectives of this Chapter are to promote the development of electronic commerce between the Parties, taking into account the importance of avoiding excessive barriers related to electronic commerce, as well as to strengthen cooperation between the Parties on the development of electronic commerce.

Article 8.2

Coverage

1. This Chapter applies to measures adopted or maintained by a Party that have an impact on trade using electronic technologies.

2. This Chapter does not apply to:

(a) information, storage or processing, including collection or transmission, carried out by or on behalf of a Party, or measures related to such information, including measures related to its collection, storage, processing or transmission; and

(b) Public procurement.

Article 8.3

Definitions

For the purposes of this Chapter:

"personal data" means any information, including data related to a specific or identifiable (directly or indirectly) individual, alone or in combination with other information.;

"unsolicited commercial electronic message" means an electronic message that is sent for commercial or marketing purposes to an electronic address or electronic device without the recipient's consent or despite the recipient's explicit refusal through an Internet access service provider or, to the extent provided for by the legislation of each Party, through other telecommunications services.

Article 8.4

Electronic authentication and electronic signature

1. The Parties do not deny that electronic signatures have the same legal force and authenticity as signatures in non-electronic form, unless otherwise provided by their legislation.

2. To the extent permitted by its legislation, each Party:

(a) authorizes participants in an electronic transaction to jointly define and apply an authentication method and technology for their electronic transaction;

(b) does not limit the recognition of electronic authentication technologies and their application to electronic transactions; and

(c) provides participants in an electronic transaction with the opportunity to provide evidence that their electronic transaction complies with legislation regarding electronic authentication.

3. To ensure greater certainty, the electronic signature referred to in paragraph 1 and the electronic authentication method referred to in paragraph 2 must comply with the requirements established by the legislation of the Party.

4. The Parties shall strive for mutual recognition of electronic signatures, where applicable, and shall also support the use of interoperable electronic authentication.

Article 8.5

Paperless trading

1. The Parties recognize the importance of eliminating paper forms and documents required for the import, export or transit of goods.

2. The Parties shall strive to ensure that the forms of documents issued or controlled by the authorized bodies of the Party and required for the import, export or transit of goods are publicly available in electronic form.

3. The Parties shall strive to accept documents submitted in electronic form, issued or controlled by the authorized bodies of the Party, and required for the import, export or transit of goods, as a legally significant equivalent of the paper version of these documents.

4. The Parties shall strive to implement initiatives involving the use of paperless trade, taking into account the methods and recommendations agreed upon by international organizations.

5. The parties cooperate on regional or international platforms, of which they are participants or members, in order to expand paperless trade.

Article 8.6

Electronic contracts

Unless otherwise provided by law, the Parties should not deny the legal and enforceability of an electronic contract11 on the sole ground that such an agreement was concluded electronically.

_________________ 11 To provide greater certainty, an electronic contract includes a contract concluded as a result of interaction with an automated message system.

Article 8.7

Personal data protection

1. The Parties recognize the economic and social benefits of protecting the personal data of e-commerce users and the contribution it makes to increasing consumer confidence in e-commerce.

2. The Parties shall take or maintain measures to ensure the protection of personal data of e-commerce users in accordance with their legislation.

3. The Parties reserve the right to restrict the cross-border transfer of personal data if such transfer is carried out from one Party to the other Party through the territory of a State that is not a Party to this Agreement.

4. The Parties shall strive to maintain measures that ensure that an individual's consent is obtained for the cross-border transfer of his personal data for use in electronic commerce, except in cases provided for by the legislation of the Parties.

5. The Parties cooperate, as far as possible, to protect personal data transmitted from one of the Parties.

Article 8.8

Consumer protection

1. The Parties recognize the importance of adopting and maintaining transparent and effective measures that enhance consumer confidence in electronic commerce.

2. The Parties shall take or maintain in force measures aimed at prohibiting misleading, fraudulent, or false commercial activities that harm or may harm consumers involved in electronic commerce.

3. The Parties shall provide consumers participating in electronic commerce with protection at a level not lower than that provided to consumers participating in other forms of trade.

4. Each Party shall, to the extent possible, take measures to promote the following principles of fair business practices in electronic commerce:

(a) providing accurate, detailed and understandable information about the goods or services, their seller, manufacturer or supplier, in order to enable consumers to make an informed and informed decision about the transaction, as well as to preserve information about it;

(b) providing information to the consumer about the warranty period and the shelf life of the goods;

(d) giving the consumer the opportunity to change the order before the purchase is completed;

(e) enabling the use of payment mechanisms available to consumers that ensure safe, convenient payment;

(f) ensuring the safety of goods or services provided they are properly used based on the information provided;

(g) compensation by the seller for damage caused by violation of consumer rights;

(h) providing information to the consumer about the delivery methods of goods or services.

5. The Parties strive to provide mechanisms for filing complaints about violations of consumer rights and their consideration by the authorized bodies of the Party. Such mechanisms should be available to foreign consumers.

6. The Parties shall strive to ensure that information on consumer protection mechanisms (including the complaint mechanism) is publicly available.

7. The Parties recognize the importance of cooperation between their respective consumer protection agencies or other relevant authorities, including the exchange of information on legislation, best practices, as well as cooperation in cases of mutual concern regarding violations of e-commerce consumer rights.

Article 8.9

Unsolicited commercial emails

1. Each Party will take into account the importance of reducing the number of unsolicited commercial electronic communications.

2. Each Party strives to provide consumers with legal remedies against senders of unsolicited commercial electronic messages who fail to comply with the measures taken or maintained in force to reduce the number of unsolicited commercial electronic messages in accordance with the legislation of the Party.

3. The Parties shall cooperate in appropriate cases of mutual interest regarding the regulation of unsolicited commercial electronic communications.

Article 8.10

Cooperation

1. Recognizing the global nature of e-commerce and in order to increase the level of confidence in e-commerce, the Parties strive to:

(a) exchange of information and experience in the field of regulation and law enforcement between the authorized bodies of the Parties, as well as cooperation in the field of:

electronic signature;

paperless trading;

Personal data protection;

consumer protection;

security in electronic commerce;

unsolicited commercial e-mails.

(b) preventing misleading, fraudulent, and false business practices in electronic commerce;

(c) To assist the private sector in implementing self-regulation, including through codes of conduct, model contracts, guidelines and other measures that promote e-commerce;

(d) Facilitating dialogue and interaction between representatives of the private sector of the Parties involved in electronic commerce, including through the organization of seminars and expert dialogues;

(e) Developing approaches to collecting statistical information on electronic commerce;

(f) the exchange of available statistical information on electronic commerce between the Parties, if possible; and

(g) cooperation in any other areas of mutual interest.

2. The Parties strive to implement such forms of cooperation that are based on existing cooperation initiatives implemented on international platforms and do not duplicate them.

Article 8.11

Contact points

1. Each Party shall designate a contact point responsible for interaction on any issues related to the application of this Chapter. The functions of such contact points include:

(a) Exchange of information within the scope of this Chapter;

(b) sending and receiving requests for cooperation within the scope of this Chapter and providing appropriate responses;

(c) sending and receiving requests for consultations in accordance with Article 8.12 (Consultations) and providing appropriate responses.

2. The Parties exchange the names and contact details of their contact points.

3. Each Party shall promptly notify the other Party of any changes related to its contact point.

Article 8.12

Consultations

1. In order to promote mutual understanding between the Parties or to resolve issues arising under this Chapter, each Party, at the request of the contact point of the other Party designated in accordance with Article 8.11 (Contact Points), shall enter into consultations on issues raised by the other Party. The Party receiving the request shall ensure a full and comprehensive review of the matter being the subject of consultations as soon as possible.

2. In order to facilitate discussion on the issues that are the subject of consultations, each Party strives to provide relevant non-confidential information to the other Party. The parties strive to reach consensus on the issue under consideration through constructive dialogue.

3. Consultations are conducted in the form of a meeting or in any other way agreed upon by the Parties.

Article 8.13

Non-application of Chapter 12 (Dispute resolution)

Any issue arising in connection with this Chapter is not subject to the dispute resolution mechanism provided for in Chapter 12 (Dispute Resolution).

CHAPTER 9

INTELLECTUAL PROPERTY

Article 9.1

Goals

The Parties recognize the importance of protecting and protecting intellectual property rights in order to stimulate scientific research, development and creative activities aimed at promoting economic and social development, as well as the dissemination of knowledge and technology. The Parties also recognize the importance of ensuring a balance between the legitimate interests of copyright holders and society.

Article 9.2

Definitions

For the purposes of this Chapter:

"intellectual property" means all categories of intellectual property covered by the provisions of this Chapter.;

"persons" means natural or legal persons who have permanent residence, or an objectively existing and operating industrial or commercial enterprise within the customs territories of the Parties;

"WIPO" means the World Intellectual Property Organization, established in accordance with the Convention Establishing the World Intellectual Property Organization of July 14, 1967.

Article 9.3

International agreements

1. The Parties that are parties to the TRIPS Agreement confirm their rights and obligations established by the TRIPS Agreement, including the explanatory notes thereto, as well as exceptions, exemptions and exemptions from obligations applicable under the WTO Agreement. Parties that are not parties to the TRIPS Agreement should strive to follow the principles and provisions of the TRIPS Agreement.

2. The Parties confirm their obligations established in the existing international agreements in the field of intellectual property to which they are parties, including the following:

(a) The Paris Convention for the Protection of Industrial Property of March 20, 1883 (hereinafter referred to as the Paris Convention);

(b) Berne Convention for the Protection of Literary and Artistic Works of September 9, 1886;

(d) Protocol to the Madrid Agreement on the International Registration of Marks of June 27, 1989;

(e) The WIPO Performances and Phonograms Treaty of December 20, 1996 (hereinafter referred to as DIF);

(f) The WIPO Copyright Treaty of December 20, 1996 (hereinafter referred to as the CAP); and

(g) Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure dated April 28, 1977.

3. Parties that are not parties to the international agreements listed below should strive to follow their principles and provisions.:

(a) International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations of October 26, 1961;

(b) Convention for the Protection of Producers of Phonograms against the Unlawful Reproduction of Their Phonograms of October 29, 1971;

(c) The International Convention for the Protection of New Plant Varieties of December 2, 1961, as amended on March 19, 1991 (hereinafter referred to as the Plant Protection Convention);

(d) The Geneva Act of the Hague Agreement on the International Registration of Industrial Designs of July 2, 1999;

(e) Singapore Trademark Law Treaty of March 27, 2006;

(f) The Beijing Treaty on Audiovisual Performances of 24 June 2012; and

(g) The Marrakesh Treaty on Facilitating Access to Published Works by the Blind and Persons with Visual Impairments or Other Print Disabilities, dated June 27, 2013.

Article 9.4

National regime

Each Party shall provide persons of the other Party with a regime no less favourable than that granted by it to its own persons with respect to the protection of intellectual property rights, subject to the provisions and exceptions provided for in Articles 3 and 5 of the TRIPS Agreement.

Article 9.5

Most-favored-nation regime

Each Party shall provide persons of the other Party with a regime no less favourable than that granted by it to persons of any other State with respect to the protection of intellectual property rights, as provided for in Articles 4 and 5 of the TRIPS Agreement.

Article 9.6

1. The Parties, in accordance with their legislation, international agreements to which they are parties, and Articles 9-14 of the TRIPS Agreement, shall ensure adequate and effective protection of the rights and interests of authors, performers, producers of phonograms and broadcasting organizations in respect of their works, performances, phonograms and broadcasts of broadcasting organizations, respectively.

2. Each Party guarantees effective protection and ensures the protection of copyright and related rights in the digital environment in accordance with the legislation.

Article 9.7

Technical protection tools and information on rights management

1. The Parties shall provide adequate and effective legal remedies against circumvention of effective technical measures in accordance with the DAP and DIF.

2. The Parties ensure the protection of rights management information in accordance with the DAP and DIF.

3. Each Party may provide appropriate limitations and exceptions regarding the obligations established by this Article in accordance with the legislation.

Article 9.8

Trademarks

1. The Parties shall ensure adequate and effective trademark protection in respect of goods and services in accordance with legislation, international agreements to which they are parties, and Articles 15-21 of the TRIPS Agreement.

2. For the purposes of identifying violations in accordance with Article 16 of the TRIPS Agreement, the use of the sign12 means, in particular, when a person:

(a) carries out the application of the mark on the goods or labels or their packaging;

(b) produces, offers or puts up for sale, puts on the market or places them for these purposes under the sign or offers or supplies services under the sign;

(d) uses the mark on an invoice, wine list, catalog, business letter, business paper, price list or other commercial document, including any such document on any medium;

(f) uses the sign in advertising;

(f) uses the mark on the Internet, including domain names; or

(g) uses the mark in any other way provided for in accordance with the legislation of the Party.

____________ _12 For greater certainty, the Parties understand that this provision can equally apply to the use of the mark in a digital environment.

Article 9.9

Well-known trademarks

1. Neither Party may require, as a condition for the recognition of a trademark as generally known, that this trademark be registered in the territory of the Party or in another jurisdiction.

2. The Parties shall ensure the protection of well-known trademarks at least in accordance with Article 6bis of the Paris Convention and Articles 16.2 and 16.3 of the TRIPS Agreement.

Article 9.10

Trademark registration

Each Party shall establish and maintain a trademark registration system that includes:

(a) the requirement to provide the applicant with written information on the reasons for refusal to register the trademark. Such written communications may be provided electronically.;

(b) the requirement that decisions on cancellation procedures must be reasoned and issued in writing. Such written decisions may be provided electronically; and

(c) the possibility for interested persons to apply for termination or cancellation of trademark registration after its registration.

Article 9.11

Electronic trademark system

Each Party strives to establish and maintain:

(a) a system for electronic trademark applications and trademark maintenance; and

(b) a publicly accessible electronic information system, including an online database of registered trademarks and trademark applications.

Article 9.12

Geographical indications and names of the places of origin of goods

1. The Parties shall ensure adequate and effective legal protection of geographical designations13 or names of origin14 in accordance with the legislation and Articles 22 and 23 of the TRIPS Agreement.

2. The Parties recognize that geographical indications may be protected through a system of trademarks or geographical indications or names of places of origin of goods, subject to compliance with the relevant laws and other regulatory legal acts of the Parties.

3. The Parties may continue the discussion and develop further cooperation on the issues of this Article, which may include:

(a) exchange of lists of geographical indications or names of places of origin of goods of each Party;

(b) entering into negotiations on the mutual protection of geographical indications or appellations of origin, taking into account their respective laws and other regulations, the availability of resources and the willingness of each Party; but not limited to them.

_________________ _13 For the purposes of this article, "geographical indication" means an indication that identifies a product as originating in the territory of a Party, or from a region or locality in that territory, if the specified quality, reputation or other characteristics of the product are directly related to its geographical origin, as defined in Article 22 of the TRIPS Agreement.; 14 For the purposes of this article, "appellation of origin" means a geographical designation representing or containing a modern or historical, official or unofficial, full or abbreviated name of a country, region or locality or other geographical area that has become known as a result of its use in the country of origin in relation to goods whose quality and properties are exclusively or They are mainly determined by the geographical environment, including natural and human factors.

Article 9.13

Genetic resources, traditional knowledge and traditional cultural expressions

1. The Parties recognize the contribution of genetic resources, traditional knowledge and traditional cultural expressions to scientific, cultural and economic development and the importance of recognizing the country of their source or origin.

2. In accordance with each Party's international obligations and its laws and other regulatory legal acts, the Parties may determine appropriate measures for the effective protection of genetic resources, traditional knowledge and traditional cultural expressions.

3. The Parties agreed to continue discussing relevant issues 15 relating to genetic resources, traditional knowledge and traditional cultural expressions, taking into account future changes in their respective laws and other regulations and international agreements, without prejudice to the results of these future changes.

____________________ _15 To provide greater certainty, relevant issues for discussion may include access, use, disclosure requirements, and benefit-sharing of genetic resources, traditional knowledge, and traditional cultural expressions.

Article 9.14

Plant varieties

1. The Parties should strive to provide adequate and effective protection for new plant varieties in accordance with the Plant Protection Convention.

2. Paragraph 1 of this Article should not prejudice the rights of each Party to protect its national interests, such as the conservation and protection of local plant varieties and the State use of protected varieties in emergency situations.

Article 9.15

Patents

The Parties shall ensure adequate and effective protection of inventions in accordance with their laws and other regulatory legal acts, international agreements to which they are parties, and Articles 27-34 of the TRIPS Agreement.

Article 9.16

Industrial designs

The Parties shall ensure adequate and effective legal protection of industrial designs in accordance with their laws and other regulatory legal acts, international agreements to which they are parties, and Articles 25 and 26 of the TRIPS Agreement.

Article 9.17

Topology of integrated circuits

The Parties shall ensure adequate and effective legal protection of integrated circuit topologies in accordance with their laws and other regulatory legal acts, international agreements to which they are parties, and Articles 35-38 of the TRIPS Agreement.

Article 9.18

Protection against unfair competition

The Parties shall ensure protection against unfair competition in accordance with their laws and other regulatory legal acts and Article l0bis of the Paris Convention.

Article 9.19

Enforcement of intellectual property rights

1. The Parties shall ensure the observance of intellectual property rights in accordance with their laws and other regulatory legal acts, international agreements to which they are parties, and the TRIPS Agreement, in particular Articles 41-61.

2. The Parties provide the right holders with the opportunity to apply to civil, administrative and judicial procedures, including criminal ones, to ensure compliance with intellectual property rights.

3. The Parties should strive to ensure that intellectual property rights are respected in the digital environment.

Article 9.20

Border measures

1. The Parties, in accordance with their laws and other regulatory legal acts and international agreements to which they are parties, ensure the effective application of customs measures in respect of goods with illegally used trademarks 16 and goods manufactured in violation of copyrights 17.

2. Each Party ensures that the requirements to the copyright holder necessary to initiate procedures to suspend the release of goods with an illegally used trademark, goods produced in violation of copyright, should not unreasonably impede the use of these procedures.

3. Each Party shall establish procedures allowing the copyright holder, who has good reason to suspect that goods with an illegally used trademark or goods produced in violation of copyright are being imported, to file an application with the customs authorities demanding the application of measures to protect intellectual property rights, provided that the import of these goods violates intellectual property rights in accordance with laws and other regulatory legal acts of the country where the goods are found.

4. Each Party ensures that its authorized bodies must provide the rightholder with information on at least the names and other additional information that allows identifying the declarant of the relevant goods. Each Party ensures that its authorized bodies must, at least, provide the declarant of the detained goods with information about the name and other additional information that allows identifying the rightholder.

5. The Parties may exclude from the scope of this Article a small number of goods of a non-commercial nature contained in the personal baggage of passengers or sent in small batches.

6. The Parties shall cooperate with each other in order to develop links between their customs and other authorized bodies in order to strengthen enforcement of intellectual property rights at the border.

7. Each Party creates contact points for the exchange of information on trade in goods infringing intellectual property rights. The Parties, in particular, promote the exchange of information and cooperation between their customs and other authorized bodies.

_______________ 16 For the purposes of this Article, "goods with misused trademarks" means any goods, including their packaging, marked without authorization with a trademark that is identical to a trademark lawfully registered for such goods, or which cannot be substantially distinguished from a similar trademark and which therefore violates the rights of the owner of the trademark. trademark in accordance with the laws of the importing country.

17For the purposes of this Article, "goods produced in violation of copyright" means any goods that are copies created without the consent of the copyright holder or a person duly authorized by him in the country of manufacture of the goods, and which are directly or indirectly made from any product, if the creation of the said copy was a violation of copyright or related rights in accordance with the laws of the importing country.

Article 9.21

Cooperation

1. The Parties, in accordance with their legislation, shall strive to enhance cooperation in the field of intellectual property and science, technology and innovation by:

(a) Exchange of information between authorized bodies on intellectual property issues;

(b) organization of meetings and specialized seminars, joint projects in the field of intellectual property, as well as science, technology and innovation;

(d) Dissemination of scientific and technological knowledge; and

(e) support and involvement of talented youth in the scientific and technical field.

2. Parties at the request of one of them:

(a) discuss ways to simplify communication channels between the Parties; and

(b) consult on intellectual property issues.

Article 9.22

Transparency

1. Each Party shall ensure the general availability of laws and other regulatory legal acts of general application that relate to access, coverage, acquisition, enforcement and prevention of violations of intellectual property rights.

2. Each Party shall endeavour to make available the information referred to in paragraph 1 of this Article in English and on the Internet.

Article 9.23

Authorized bodies, contact points and information exchange

1. The Parties shall identify bodies acting as contact points in order to:

(a) Analysis and monitoring of the application of this Chapter;

(b) Exchange of information on violations of intellectual property rights;

(c) Exchange of information on authorized bodies in the field of intellectual property, science, technology and innovation; and

(d) any other matter by mutual agreement of the Parties.

2. The Parties shall exchange information on contact points within 90 (ninety) days from the date of entry into force of this Agreement.

3. The Parties shall promptly exchange information on any changes regarding contact points or any other significant changes in the structure and powers of their authorized bodies.

Article 9.24

Intellectual property and healthcare

The Parties recognize the principles set out in the Declaration on the Agreement on Trade-Related Aspects of Intellectual Property Rights and Health Issues, adopted in Doha on November 14, 2001 by the WTO Ministerial Conference.

Article 9.25

Technology transfer and intellectual property

1. The Parties recognize that the protection and enforcement of intellectual property rights should contribute to the development of technological innovations and the transfer and dissemination of technologies, to the mutual benefit of producers and consumers of technological knowledge in the interests of social and economic well-being, as well as to an appropriate balance between the intellectual property rights of copyright holders and the legitimate interests of users. and the public interest.

2. The Parties may hold information seminars, trainings, round tables and other events dedicated to improving cooperation between the Parties in the areas of technology transfer.

3. The Parties may agree to encourage interested specialized agencies to initiate bilateral negotiations in the field of technology transfer, taking into account the legislation, policies and availability of resources of the Parties.

CHAPTER 10

ECONOMIC COOPERATION

Article 10.1

Goals

1. The objectives of this Chapter are:

(a) Strengthening cooperation in areas of common interest;

(b) Creation of new value chains;

(d) facilitating the implementation of joint projects that contribute to the economic growth of the Parties on a mutually beneficial basis;

(e) Support the implementation of this Agreement in order to maximize the benefits of it, support trade facilitation measures, and contribute to sustainable comprehensive economic growth and prosperity of the Parties.

2. The cooperation is based on the following principles:

(a) Mutual benefit;

(b) compliance with the legislation of the Parties;

Article 10.2

Areas of cooperation

1. The Parties agree that cooperation covers activities in areas of mutual interest and is carried out in the forms agreed upon by the Parties. The parties agree that cooperation can focus on the following areas: agriculture, energy, transport, industry, telecommunications, healthcare, education, construction, innovation, sustainable development and digital initiatives, halal production, logistics, fishing, mining, climate change and other areas that may be of mutual interest. for the Parties.

2. The relevant areas of cooperation between the Parties may include:

(a) development and modernization of industrial, transport, agricultural, telecommunication and other infrastructure of the Parties;

(b) development of joint production of high-tech, innovative and export-oriented products;

(d) to promote the development and creation of effective mechanisms for cooperation between the Parties in the field of scientific research and digital innovations of the Parties;

(e) Improved transport links;

(f) the implementation of joint educational programs and projects, as well as the development of academic mobility;

(g) developing cooperation in the field of advanced medical technologies with the aim of developing innovative, competitive and efficient healthcare;

(h) Development of cooperation in the field of energy efficiency, energy conservation and renewable energy sources;

(i) promoting the implementation of joint projects and initiatives of mutual interest that can contribute to green growth;

(j) development of cooperation between the bodies or organizations of the EAEU Member States and Indonesia that certify halal products;

(k) other areas that may be of mutual interest to the Parties.

Article 10.3

Forms of cooperation

1. The Parties agree that they will strengthen cooperation by:

(a) exchange of relevant non-confidential information and consultations;

(b) information support for the business communities of the Parties in accordance with their legislation;

(d) Promotion of joint investment projects;

(e) Cooperation related to the attraction of resources from international financial institutions for financing and co-financing projects of mutual interest;

(f) Joint forums for discussing economic cooperation, joint exhibitions, international seminars and scientific conferences;

(g) Exchange of experience in training experts on issues covered by this Chapter;

(h) transfer of advanced technologies and innovations on a mutually beneficial basis;

(i) Exchange of experience and best practices in the field of low-carbon development in order to assess the potential for cooperation;

(j) other forms of cooperation as agreed by the Parties.

2. In order to raise awareness among the Parties, including their business communities, the Parties may, taking into account the availability of resources and opportunities, publish on the Internet an illustrative list of specialized organizations/platforms that provide information and advice on finding business partners and interacting with them.

On the part of the EAEU, the above-mentioned list is published on the official website of the Eurasian Economic Commission.

On the part of Indonesia, the list is published on the official website of the Government of the Republic of Indonesia.

Article 10.4

The work program

1. In order to implement this Chapter, the Subcommittee on Economic Cooperation approves the Work Program as a guide for the formulation of economic cooperation activities.

2. The work program is based on proposals for areas of cooperation submitted by the Parties, which may include forms of cooperation, objectives and technical contact points.

Article 10.5

Resource arrangements

By mutual agreement, the Parties shall seek to provide the resources necessary for the implementation of this Chapter.

Article 10.6

Contact points

1. Both Parties, within 90 (ninety) days from the date of entry into force of this Agreement, appoint a contact point for interaction on any issues arising in connection with this Chapter. The functions of the contact points include the following:

(a) Ensuring information exchange within the scope of this Chapter;

(b) receiving and submitting requests for cooperation within the scope of this Chapter, as well as providing appropriate responses;

(d) Receiving and sending requests for consultations and providing appropriate responses;

(e) providing information at the request of the other Party on matters falling within the scope of this Chapter; and

(f) Interaction on any issues arising in connection with the implementation of this Chapter.

2. Both Sides exchange the names and contact details of their contact points.

3. Each Party shall promptly notify the other Party of any changes related to its contact point.

Article 10.7

Non-application of Chapter 12 (Dispute resolution)

Any issue arising from this Chapter is not subject to the dispute resolution mechanism provided for in Chapter 12 (Dispute Resolution).

CHAPTER 11

competition

Article 11.1

Goals

The objectives of this Chapter are:

(a) promoting fair competition in the market through the application of the relevant legislation of the Parties;

(b) Support for effective measures of cooperation between the Parties in the field of competition law enforcement.

The Parties agree that meeting these objectives will help prevent a situation in which the benefits of trade liberalization, as well as the proper functioning of their markets, may be reduced.

Article 11.2

Principles of competition law enforcement

1. Each Party recognizes the sovereign right to establish, develop and enforce its competition legislation, as well as the differences that exist in the potential, resources and level of development of each Party's competition legislation and policy.

2. Each Party's competition law enforcement activities comply with the principles of transparency and procedural fairness.

3. Each Party's law enforcement activities in the field of competition do not discriminate on the basis of nationality and are carried out regardless of the form of ownership.

Article 11.3

Anticompetitive actions

1. The Parties agree that the following anticompetitive actions are incompatible with the proper application of this Agreement:

(a) agreements and coordinated actions between persons, the purpose or result of which is to prevent, restrict or eliminate competition;

(b) abuse of a dominant position by one or more persons.

2. Each Party, in accordance with its legislation, shall take all necessary measures to prevent and suppress anticompetitive actions that affect trade between the Parties.

3. Each Party, taking into account its legislation, ensures an assessment of the concentration of enterprises to the extent necessary to protect competition.

Article 11.4

Procedural rights of a person in competition law enforcement

1. Each Party shall ensure that, before making a final decision against any person, in accordance with its competition law, that person is provided with the grounds for the alleged violation in writing, as well as a fair opportunity to be heard and to present evidence in his defense.

2. Each Party shall ensure the possibility of an independent review or appeal of the final decision made by the relevant authorized competition authorities in accordance with its competition legislation.

3. Each Party shall not prevent a person who has allegedly violated or allegedly violates the Party's competition law from being represented by a lawyer in accordance with its legislation.

Article 11.5

Transparency

1. Each Party shall publish on the official website of its respective authorized body in the field of competition, listed in Annex 5 (Official websites of authorized bodies in the field of competition):

(a) their respective competition laws (or references to them);

(b) guidelines for the enforcement of their competition laws;

(c) information on the final decisions of their respective authorized bodies (with the exception of confidential information); and

(d) information on the activities of the relevant authorized body in the field of competition.

2. The Parties shall publish the information specified in paragraph 1 of this Article in English within the limits of the resources reasonably available to the Parties.

3. In case of changes to the websites listed in Appendix 5 (Official websites of authorized bodies in the field of competition), the relevant authorized body of the Party informs the other Party about such changes through the contact point.

4. Each party shall ensure that all final decisions of its respective authorized bodies are set out in writing, contain relevant facts and legal grounds on the basis of which they were adopted.

Article 11.6

Cooperation

1. The Parties recognize the importance of cooperation between their respective authorized bodies in the field of competition in order to promote effective competition law enforcement. Cooperation is carried out in accordance with the legislation of the Parties, taking into account the availability of resources.

2. Such cooperation includes:

(a) sending requests for the initiation of law enforcement activities in accordance with Article 11.7 (Requests for the initiation of law enforcement activities);

(b) upon request, the exchange of information and consultations between the Parties in order to strengthen mutual understanding or promote effective competition law enforcement, including the provision of information on competition law enforcement practices that may affect the interests of the other Party;

(d) Technical cooperation, including training programmes, seminars, research cooperation, as well as other activities aimed at strengthening the capacity of each Party in the field of competition policy and enforcement; and

(e) other forms of mutually beneficial cooperation as agreed by the Parties.

Article 11.7

Requests for initiation of law enforcement activities

1. The Parties recognize that anticompetitive actions that may occur on the territory of one of the Parties, in addition to violating the legislation of that Party, may have a negative impact on the important interests of the other Party. In order to avoid a conflict that may arise due to law enforcement activities in connection with such anticompetitive actions, the Parties agree to cooperate and may contact the relevant authorized competition authority of the other Party with a request to initiate appropriate law enforcement actions.

2. The Party strives to send a request to ensure proper law enforcement at an early stage, when this anticompetitive action has been identified. Such a request sets out in sufficient detail the reasons for sending it, and may also include a proposal for the exchange of additional information and other cooperation that the requesting Party is authorized to propose.

3. The Party to whom the request is addressed shall carefully consider the possibility of initiating law enforcement activities or expanding current law enforcement activities in order to address the anti-competitive actions specified in the request in accordance with the requirements of its legislation and inform the requesting Party of the results of such review as soon as possible.

4. In the event of the initiation or expansion of law enforcement activities, the Party to whom the request is addressed shall inform the requesting Party of its results and, as far as possible, of any significant interim changes.

5. Nothing in this Article limits the discretionary powers of the requested Party, in accordance with its legislation and competition policy, to decide independently whether to take measures to ensure compliance with competition law in relation to anti-competitive practices specified in the request, nor does it prevent the requesting Party from withdrawing it.

Article 11.8

Consultations

1. In order to promote mutual understanding between the Parties or to resolve issues arising under this Chapter, each Party, upon written request from the contact point of the other Party in accordance with Article 11.9 (Contact Points), shall enter into consultations on issues raised by the other Party. The Party receiving the request shall ensure a full and comprehensive review of the matter being the subject of consultations as soon as possible. Where possible, the requesting Party indicates how the issue affects trade between the Parties.

2. In order to facilitate discussion on the issue that is the subject of consultations, each Party seeks to provide relevant non-confidential information to the other Party. The parties strive to reach a consensus on the issue under consideration.

3. Consultations are conducted in the form of a meeting or in any other way agreed upon by the Parties.

Article 11.9

Contact points

The Parties shall designate contact points and exchange their contact details to facilitate interaction on the application of this Chapter. Each Party shall promptly notify the other Party of any changes related to its contact point.

Article 11.10

Non-application of Chapter 12 (Dispute resolution)

Any issue arising in connection with the application of this chapter is not subject to the dispute resolution mechanism provided for in Chapter 12 (Dispute Resolution).

CHAPTER 12

DISPUTE RESOLUTION

Article 12.1

Definitions

1. For the purposes of this Chapter and Appendices 6 (Rules of Arbitration) and 7 (Code of Conduct for Arbitrators), concepts are used that mean the following:

"arbitrator" is a member of the Arbitration Panel established in accordance with Article 12.8 (Composition and establishment of the Arbitration Panel);

"Arbitration Group" - a group established in accordance with Article 12.8 (Composition and establishment of the Arbitration Group);

"Claimant Party" means any Party that requests the establishment of an Arbitration Panel in accordance with Article 12.7 (Initiation of arbitration proceedings);

"Parties to the dispute" - The Plaintiff Party and the Defendant Party;

"DRS" is an Agreement on rules and procedures governing Dispute Resolution contained in Annex 2 of the WTO Agreement.;

"Respondent Party" is a Party that is alleged to be violating the provisions of this Agreement.;

"proceedings", unless otherwise specified, means the proceedings of the Arbitration Panel in accordance with this Chapter.

2. For the purposes of this Chapter and Annexes 6 (Rules of Arbitration) and 7 (Code of Conduct for Arbitrators) The Parties agree that, with regard to the EAEU and its member States, the Plaintiff Party and the Respondent Party can be understood as the EAEU within its respective areas of competence arising from the EAEU Treaty, or its member State within its respective areas of competence acting on its behalf on the subject of the dispute.

Article 12.2

Goal

The purpose of this Chapter is to prevent and resolve any disputes between the Parties in order to achieve, as far as possible, a mutually acceptable solution.

Article 12.3

Coverage

1. Unless otherwise provided in this Agreement, this Chapter applies to prevent or resolve any disputes between the Parties regarding the interpretation or application of the provisions of this Agreement, in cases where the Party believes that:

(a) the other Party's measure is inconsistent with its obligations under this Agreement; or

(b) the other Party has not otherwise fulfilled its obligations under this Agreement18.

2. For the sake of greater certainty, disputes arising from the cancellation or reduction of any benefit that a Party could reasonably expect and receive under this Agreement as a result of the application by the other Party of any measure that does not contradict this Agreement shall not be governed by the provisions of this Chapter.

_____________________ 18 Failure to fulfill its obligations includes the application by the Respondent Party of any measures contrary to its obligations under this Agreement.

Article 12.4

Choosing a dispute resolution location

1. With the exception of the cases provided for in this Article, the application of this Chapter should not prejudice the right of a Party to resort to dispute resolution procedures in accordance with other agreements, including those within the WTO, to which it is a party.

2. If the claimant Party has initiated a dispute resolution procedure with respect to a particular measure, either in accordance with this Chapter or in accordance with other agreements, including the WTO, it should not initiate dispute resolution proceedings with respect to the same measure at another dispute resolution venue before the first proceeding is completed. In addition, the plaintiff Party should not initiate dispute resolution proceedings in accordance with this Chapter and in accordance with other agreements, including within the WTO, except in cases where the subject of the dispute is completely different obligations or when the chosen place of dispute resolution cannot, for procedural or jurisdictional reasons, rule on a claim for elimination of violations of such an obligation, provided that such an inability of the place of dispute resolution is not the result of a Party to the dispute avoiding taking appropriate action.

3. For the purposes of paragraph 2 of this article:

(a) dispute resolution procedures under the WTO Agreement are considered initiated at the request of a Party to establish an arbitration panel in accordance with Article 6 of the DRC and are considered completed when the Dispute Resolution Body (hereinafter referred to as the LFS) established in accordance with paragraph 1 of Article 2 of the DRC approves the report of the arbitration panel and the report of the Appellate Body, as appropriate, in accordance with article 16 and paragraph 14 of Article 17 of the DRC; and

(b) dispute resolution procedures under this Chapter shall be deemed initiated upon a Party's request to establish an Arbitration Panel in accordance with Article 12.7 (Initiation of Arbitration) and shall be deemed completed when the Arbitration Panel submits its final report to the Parties in accordance with Article 12.11 (Preliminary and Final Report of the Arbitration Panel) or when the arbitration proceedings are completed. terminated in accordance with Article 12.15 (Suspension and termination of arbitration proceedings);

(c) Dispute resolution procedures under other agreements are considered initiated upon a Party's request to establish or refer the matter to a dispute resolution panel or arbitration court and are considered completed when the Arbitration Panel submits its final report to the Parties or when the arbitration proceedings are terminated.

4. Nothing in this Chapter shall prevent a Party from carrying out the suspension of obligations permitted by the LFS.

5. The WTO Agreement should not be applied in such a way as to serve as an obstacle for a Party to suspend the fulfillment of obligations under this Chapter.

6. This Article shall not apply if the Parties to the dispute have agreed in writing that this Article does not apply to a specific dispute.

_______________________ 18 Failure to fulfill its obligations includes the application by the Respondent Party of any measures contrary to its obligations under this Agreement.

Article 12.5

Consultations

1. The Parties shall always strive to agree on the interpretation and application of the provisions of this Agreement and resolve any relevant dispute through consultations in good faith in order to reach a mutually acceptable solution.

To this end, the Parties should:

(a) provide sufficient information for a comprehensive study of the issue, including how the measures under consideration may affect the implementation or application of this Agreement;

(b) treat any confidential or proprietary information exchanged during consultations in the same way as the Party providing the information; and

(c) seek to identify employees of their government agencies or other regulatory authorities for consultations, whose responsibilities and competence include the issue that is the subject of consultations.

2. The Party requests consultations by submitting a written request to the contact point of the other Party indicating the measures taken, the applicable provisions of the Agreement and the reasons for the applicability of such provisions.

3. Consultations shall be held no later than thirty (30) days after the date of receipt of the other Party's request and shall be deemed completed sixty (60) days after the date of receipt of the request, unless otherwise agreed by the Parties participating in the consultations. Consultations on urgent matters, including perishable goods, are held no later than fifteen (15) days after the date of receipt of the other Party's request and are considered completed thirty (30) days after the date of receipt of the request, unless otherwise agreed by the Parties involved in the consultations.

4. Consultations may be conducted in person or by any technological means available to the Parties. If consultations are held in person, they are held on the territory of the Party to which the request was sent, unless otherwise agreed by the Parties participating in the consultations. The consultations are confidential and do not infringe on the rights of either Party in any further proceedings.

5. If the Party to whom the request has been sent does not respond to the request for consultations within 10 (ten) days from the date of its receipt, or if consultations are not held within the time limits specified in paragraph 3 of this Article, or if consultations are completed without reaching a mutually acceptable solution, the claimant Party may request the establishment of an Arbitration Panel in accordance with Article 12.7 (Initiation of arbitration proceedings).

Article 12.6

Mediation, reconciliation or mediation

1. The parties to the dispute may at any time agree on the use of mediation, conciliation or mediation procedures. Mediation, conciliation or mediation procedures can be initiated at any time. They may be terminated at any time at the request of either the Plaintiff Party or the Defendant Party.

2. If the Parties to the dispute agree to this, mediation, conciliation or mediation procedures may continue throughout the proceedings of the Arbitration Panel provided for in this Chapter.

3. Proceedings involving mediation, conciliation and mediation procedures, and, in particular, the positions of the Parties to the dispute during these proceedings, are confidential and do not infringe on the rights of any of the Parties to the dispute in any other proceedings.

Article 12.7

Initiation of arbitration proceedings

The request for the establishment of an Arbitration Group is sent in writing to the Respondent Party's contact point. The plaintiff party indicates in its request a specific measure or other controversial issue, whether consultations have been held and a brief description of the legal basis of the complaint in such a way that the problem is clearly stated.

Article 12.8

Composition and establishment of the Arbitration Panel

1. If the request for the establishment of an Arbitration Panel is filed in accordance with Article 12.7 (Initiation of arbitration proceedings), the Arbitration Panel shall be established in accordance with this Article.

2. The Arbitration Panel consists of 3 (three) arbitrators.

3. Each Party to the dispute shall appoint an arbitrator no later than thirty (30) days after receiving the request referred to in Article 12.7 (Initiation of arbitration proceedings). Unless otherwise agreed by the Parties to the dispute, all arbitrators must not be citizens of the EAEU Member States or Indonesia. The two appointed arbitrators must, by mutual agreement, appoint a third arbitrator within 15 (fifteen) days after the appointment of the second one. The parties to the dispute must, within 7 (seven) days from the date of the appointment of the third arbitrator, approve or reject the appointment of this arbitrator, who, if approved, becomes chairman of the Arbitration Panel if he does not meet the following criteria:

(a) having the status of a citizen of an EAEU Member State or Indonesia; or

(b) the presence of a permanent place of residence in the territory of the EAEU Member State or Indonesia.

4. If none of the Parties to the dispute appoints an arbitrator within the time limit set out in paragraph 3 of this Article, the other Party to the dispute may request the Secretary General of the Permanent Court of Arbitration (CCJ) to appoint an arbitrator who has not yet been appointed, within 15 (fifteen) days from the date of receipt of such request..

5. If a third arbitrator has not been appointed, as provided for in paragraph 3, or one of the Parties to the dispute rejects the appointment of a third arbitrator, the PCA must, at the request of either Party to the dispute, appoint a third arbitrator within the next 30 (thirty) days, who shall act as chairman of the Arbitration Panel. If the Secretary General of the PCA is a citizen of the EAEU Member State or Indonesia or is unable to perform the function of an appointed person, the request for the necessary appointments is sent to the Deputy Secretary General of the PCA or the next officer who is not a citizen of the EAEU Member State or Indonesia and is able to perform the function of an appointed person.

6. All arbitrators must:

(a) comply with the Code of Conduct contained in Appendix 7 (Code of Conduct for Arbitrators) to this Agreement;

(b) have knowledge and/or experience in the field of law, international trade, other areas covered by this Agreement, or in the field of dispute resolution arising from international trade agreements;

(d) be independent of any Party to the dispute, not affiliated with them, or not acting in accordance with their instructions;

(e) not to be involved in alternative dispute resolution proceedings referred to in Article 12.6 (Mediation, conciliation or mediation) in relation to the same disputed issue, unless the Parties to the dispute agree otherwise;

(f) disclose information to the Parties to the dispute that may give rise to justifiable doubts about their independence or impartiality; and

(g) be citizens of States that have diplomatic relations with both Indonesia and the member States of the Eurasian Economic Union.

7. An arbitrator shall be removed in the event of a violation of the Code of Conduct contained in Annex 7 (Code of Conduct for Arbitrators) to this Agreement and in accordance with the procedures described in detail in Rules 16-20 of the Rules of Arbitration, which are contained in Annex 6 (Rules of Arbitration) to this Agreement.

8. If an arbitrator appointed in accordance with this Article resigns or becomes unable to perform his duties, a successor arbitrator shall be appointed within 30 (thirty) days or within 15 (fifteen) days in urgent matters, including perishable goods, in accordance with the procedure provided for in the to appoint the original arbitrator, and the successor arbitrator has all the powers and duties of the originally appointed arbitrator. Any time limits applicable in the proceedings shall be suspended from the date on which the arbitrator resigns or becomes unable to perform his duties, and shall resume on the day on which a replacement for such arbitrator is selected.

9. The date of the establishment of the Arbitration Group is the date of appointment of the last arbitrator.

Article 12.9

Authority

Unless the Parties to the dispute agree otherwise within 20 (twenty) days from the date of receipt of the request for the establishment of the Arbitration Group, the following terms of reference of the Arbitration Group shall be determined:

"To study, in the light of the relevant provisions of the Free Trade Agreement between the Eurasian Economic Union and its member States, on the one hand, and the Republic of Indonesia, on the other hand, the issue referred to in the request for the establishment of an Arbitration Panel in accordance with Article 12.7 (Initiation of arbitration proceedings), and draw conclusions, to make decisions and make any recommendations to resolve the dispute, as well as to submit a written report in accordance with article 12.11 (Preliminary and Final Report of the Arbitration Panel)."

Article 12.10

Arbitration proceedings

1. The meetings of the Arbitration Group shall be held in closed session, unless the Parties to the dispute decide otherwise.

2. Each Party to the dispute is given the opportunity to submit documents in writing at least once and to be present at any speeches, statements or responses during the proceedings. All information or documents submitted by the Party to the dispute in writing to the Arbitration Panel, including any comments on the preliminary report and answers to questions posed by the Arbitration Panel, should be available to the other Party to the dispute.

3. A Party to the dispute who claims that the measure of the other Party to the dispute does not comply with this Agreement bears the burden of proving such inconsistency. A party to a dispute claiming that a measure falls under an exception under this Agreement bears the burden of proving that the exception applies.

4. The Arbitration Panel, if necessary, consults with the Parties to the dispute and provides appropriate opportunities to develop a mutually acceptable solution to the problem or a mutually agreed solution.

5. The Arbitration Panel shall make every effort to reach any decision based on consensus. If a decision cannot be reached by consensus, the decision on the disputed issue is made by a majority vote.

6. At the request of a Party to the dispute or on its own initiative, the Arbitration Panel may obtain information from any source it deems appropriate for the arbitration. The Arbitration Panel also has the right to request expert opinion at its discretion. The Arbitration Panel consults with the Parties to the dispute before selecting such experts. Any information obtained in this way must be disclosed to the Parties to the dispute and provided for their comments. If the Arbitration Panel takes such information into account when preparing its report, it should also take into account any comments by the Parties to the dispute regarding such information.

7. Information about the discussions of the Arbitration Panel and the documents submitted to it are confidential.

8. Notwithstanding the provisions of paragraph 7 of this Article, any of the Parties to the dispute may make public statements about their views on the dispute, but must consider as confidential any information and documents submitted by the other Party to the dispute in writing to the Arbitration Panel, which this Party has determined to be confidential. If a Party to the dispute has provided information or documents designated as confidential, that Party must provide in writing, no later than 30 (thirty) days after the request of the other Party to the dispute, a non-confidential summary of the information or documents in writing that may be publicly disclosed.

Article 12.11

Preliminary and final report of the Arbitration Panel

1. The Arbitration Panel shall submit to the Parties to the dispute a preliminary report containing:

(a) a brief description of the submitted materials and arguments of the Parties to the dispute;

(b) conclusions on the factual circumstances of the case, with justification;

i. whether the measure in question is contrary to the obligations under this Agreement; or

ii. has the Respondent Party evaded in any other way from fulfilling its obligations under this Agreement;

(d) any other decision provided by the authority; and

(e) if there is a decision on non-compliance, a recommendation that the Respondent Party align the measure with its obligations under this Agreement, and, if the Parties to the dispute agree, on ways to resolve the dispute, no later than 90 (ninety) days, or 60 (sixty) days, if absolutely necessary, after the date of establishment The Arbitration Group. In cases where it considers that this deadline cannot be met, the Chairman of the Arbitration Panel must notify the Parties to the dispute in writing, indicating the reasons for the delay and the date on which the Arbitration Panel plans to submit its preliminary report. Under no circumstances should the Arbitration Panel submit its preliminary report later than 120 (one hundred and twenty) days after the date of its establishment.

2. Any Party to the dispute may submit a written request for the Arbitration Panel to consider specific aspects of the preliminary report within 30 (thirty) days from the date of its submission. The Arbitration Panel shall consider any written comments by the Parties to the dispute on the preliminary report within 15 (fifteen) days from the date of receipt of the written comments. After reviewing any such written comments by the Parties to the dispute, the Arbitration Panel may amend its report and continue the analysis as it deems appropriate.

3. The Arbitration Panel shall submit its final report to the Parties to the dispute no later than 45 (forty-five) days, or 30 (thirty) days, if absolutely necessary, after the submission of the preliminary report. In cases where she considers that this deadline cannot be met, the Chairman of the Arbitration Panel must notify the Parties to the dispute in writing, indicating the reasons for the delay and the date on which the Arbitration Panel plans to submit its final report. Under no circumstances should the arbitration panel submit its final report later than 180 (one hundred and eighty) days after the date of its establishment. The final report should contain the issues listed in paragraph 1 of this article, include a sufficient analysis of the arguments presented at the preliminary review stage, and clearly reflect the written comments of the Parties to the dispute.

4. The final report of the Arbitration Panel is not subject to appeal. In its conclusions and recommendations, the Arbitration Panel may not add or infringe on the rights and obligations provided for in this Agreement.

Article 12.12

Execution of the Arbitration Panel's report

1. Each Party to the dispute shall take any measures necessary for the faithful execution of the final report of the Arbitration Panel. If, in its final report, the Arbitration Panel determines that the measure in question does not comply with its obligations under this Agreement or that the Respondent Party has in any other way failed to fulfill its obligations under this Agreement, the Respondent Party must, to the extent possible, remedy the violation of this Agreement.

2. No later than 30 (thirty) days after the submission of the final report of the Arbitration Panel, the Respondent Party shall notify the Claimant Party of the time it will take to execute the final report (a reasonable period of time) if immediate execution is not possible. The parties to the dispute seek to agree on a reasonable period of time.

3. If the Parties to the dispute have not agreed on a reasonable period of time within 45 (forty-five) days after the submission of the final report of the Arbitration Panel, the Claimant Party may, no later than 50 (fifty) days after the submission of the final report, request in writing the originally established Arbitration Panel to determine the length of a reasonable period of time. The other Party to the dispute is simultaneously notified of such request. The Arbitration Panel initially established shall submit to the Parties to the dispute its decision on the duration of a reasonable period of time no later than 20 (twenty) days after the date of filing the request.

4. If any member of the originally established Arbitration Group is no longer able to participate in the process, the procedures provided for in article 12.8 (Composition and establishment of the Arbitration Group) shall apply. The time limit for making a decision on the duration of a reasonable period of time should not exceed 35 (thirty-five) days19 after the date of filing the request specified in paragraph 3 of this Article.

5. The respondent Party shall notify the Claimant Party within a reasonable period of time of any measures it has taken to comply with the final report of the Arbitration Panel. A reasonable period of time may be extended by mutual agreement of the Parties to the dispute at any time before its expiration.

6. In the event of disagreement between the Parties to the dispute regarding the existence or compliance of any measure declared in accordance with paragraph 5 of this Article with the provisions of this Agreement, the Claimant Party may request in writing the originally established Arbitration Panel to rule on this issue. The other Party shall be notified of such request at the same time, indicating any specific measure under consideration and the provisions of Article 12.3 (Scope of application) to which it considers the measure to be inappropriate, in such a way that this is sufficient to clearly present the differences. The Arbitration Panel initially established shall submit its decision to the Parties to the dispute no later than 45 (forty-five) days after the date of filing the request.

7. If any member of the originally established Arbitration Panel is no longer able to participate in the proceedings, the procedures provided for in Article 12.8 (Composition and establishment of the Arbitration Panel) shall apply. The time limit for making a decision should not exceed 60 (sixty) days20 after the date of filing the request specified in paragraph 6 of this Article.

_______________ 19 For greater certainty, the 35-day period does not include any days of postponement in accordance with paragraph 7 of Article 12.8 (Composition and establishment of the Arbitration Panel).

20 For greater certainty, the 60-day period does not include any days of postponement in accordance with paragraph 7 of Article 12.8 (Composition and establishment of the Arbitration Panel).

Article 12.13

Compensation and suspension of concessions and other obligations

1. If the Respondent Party fails to notify of any measures taken to comply with the final report of the Arbitration Panel in accordance with Article 12.12 (Enforcement of the Arbitration Panel report), or if the Arbitration Panel decides that any measure declared in accordance with Article 12.12 (Enforcement of the Arbitration Panel report) does not exist or does not comply with any provision of this Agreement, the Respondent Party enters into negotiations with the Claimant Party in order to reach a mutually acceptable compensation agreement.

2. If the Parties to the dispute have not agreed on compensation within 30 (thirty) days after:

(a) the expiration of a reasonable period of time; or

(b) the award of the Arbitration Panel that any measure declared in accordance with article 12.12 (Enforcement of the Arbitration Panel Report) does not exist or contradicts any provision of this Agreement,

Depending on the circumstances, the Claimant Party has the right, after notifying the Respondent Party, to suspend the effect of assignments or other obligations arising from this Agreement, equivalent to those affected by the measure that the Arbitration Panel found to be inconsistent with this Agreement. The notification indicates the level of assignments or other obligations that the claimant Party intends to suspend, and indicates the reasons on which the suspension is based. The claimant Party may proceed with the suspension 20 (twenty) days after delivery of its notification to the Respondent Party, subject to paragraph 4 of this Article.

3. When considering which concessions or other obligations to suspend in accordance with paragraph 2:

(a) The claimant Party must first attempt to suspend the concessions or other obligations in respect of the same sector in which, in accordance with the final report of the Arbitration Panel referred to in Article 12.11 (Preliminary and Final Report of the Arbitration Panel), non-compliance with obligations under this Agreement has been established.;

(b) if the claimant Party considers that suspending assignments or other obligations in respect of the same sector is impractical or ineffective, it may suspend the assignments or other obligations in respect of other sectors; and

(c) The claimant Party will consider those assignments or other obligations, the suspension of which would least disrupt the functioning of this Agreement.

4. The Respondent Party may request in writing that the Arbitration Panel initially established decide whether the level of concessions or other obligations that the Claimant Party intends to suspend is equivalent to those affected by the measure deemed by the Arbitration Panel to be inconsistent with this Agreement. The claimant Party shall be notified of such request before the expiration of the 20-day (twenty-day) period specified in paragraph 2 of this article. The initially established Arbitration Panel, having requested expert opinion, if necessary, submits its decision to the Parties to the dispute no later than 30 (thirty) days from the date of the request. Assignments or other obligations should not be suspended until the Arbitration Panel has rendered its decision, and any suspension should be consistent with the decision of the Arbitration Panel.

5. If any member of the originally established Arbitration Group is no longer able to participate in the process, the procedures provided for in article 12.8 (Composition and establishment of the Arbitration Group) shall apply. The time limit for making a decision should not exceed 45 (forty-five) days21 after the date of filing the request specified in paragraph 4 of this Article.

6. The compensation referred to in paragraph 1 of this article and the suspension referred to in paragraph 2 of this article are temporary measures. Neither compensation nor suspension is preferable to the complete elimination of any non-compliance with this Agreement, as defined in the final report of the Arbitration Panel. Any suspension shall apply only until the nonconformity has been completely eliminated, or it has been determined in accordance with Article 12.14 (Compliance) that the nonconformity has been eliminated, or the Parties to the dispute have otherwise reached a mutually acceptable solution.

_________________ _21 For greater certainty, the 45-day period does not include any days of postponement in accordance with paragraph 6 of Article 12.6 (Composition and establishment of the Arbitration Panel).

Article 12.14

Compliance with the requirements

1. If the Respondent Party considers that it has eliminated the inconsistency with this Agreement, as originally determined in the final report of the Arbitration Panel, it may request in writing the originally appointed Arbitration Panel to rule on the matter. The other Party to the dispute shall be notified of such request at the same time. The initially appointed Arbitration Panel submits its decision to the Parties to the dispute no later than 45 (forty-five) days after the date of the request. If the arbitration Panel decides that the Respondent Party has eliminated the non-compliance with the provisions of this Agreement, the claimant Party must cease to apply any suspension of assignments or other obligations that it has imposed.

2. If any member of the originally established Arbitration Group is no longer able to participate in the process, the procedures provided for in article 12.8 (Composition and establishment of the Arbitration Group) shall apply. The time limit for making a decision should not exceed 60 (sixty) days22 after the date of filing the request specified in paragraph 1 of this Article.

____________________ _22 For greater certainty, the 60-day period does not include any days of postponement in accordance with paragraph 6 of Article 12.8 (Composition and establishment of the Arbitration Panel).

Article 12.15

Suspension and termination of arbitration proceedings

1. Upon the written request of both Parties to the dispute, the Arbitration Panel shall suspend its work at any time for a period agreed upon by the Parties to the dispute, not exceeding 12 (twelve) months, and resume its work at the end of this agreed period upon the written request of the Claimant Party, or before the expiration of this agreed period upon the written request of both Parties to the dispute. If the claimant Party does not request the resumption of the Arbitration Panel's work before the expiration of the agreed suspension period, the dispute resolution procedures initiated in accordance with this Chapter shall be deemed terminated.

2. The parties to the dispute may at any time agree in writing to terminate the dispute resolution procedures initiated in accordance with this Chapter.

Article 12.16

Production rules

Dispute resolution procedures in accordance with this Chapter are regulated by Appendix 6 (Rules of Arbitration Proceedings).

Article 12.17

Rules of interpretation

The Arbitration Panel shall interpret the provisions of this Agreement in accordance with the customary rules of public international law.

Article 12.18

Expenses

Each Party to the dispute shall bear the costs of the arbitrator appointed by him, as well as his own costs and court costs. Unless otherwise agreed by the Parties to the dispute, the expenses of the Chairman of the Arbitration Panel and other expenses related to the conduct of the proceedings shall be borne equally by the Parties to the dispute.

Article 12.19

Deadlines

1. All deadlines set out in this Chapter are calculated in calendar days, with the first day being the day following the action or fact to which reference is made, unless otherwise specified.

2. Any time period specified in this Chapter may be changed by mutual agreement of the Parties to the dispute.

CHAPTER 13

TRANSPARENCY

Article 13.1

Definitions

For the purposes of this Chapter:

"interested party" means any natural or legal person who may be subject to any rights or obligations under the general application measure; and

"general application measure" means laws, other regulatory legal acts, decisions, judicial decisions and administrative decisions of general application relating to matters within the scope of this Agreement or affecting them, but does not include:

(a) a decision or determination made in the course of administrative or quasi-judicial proceedings that applies to a particular person, product or service in a particular case; or

(b) A definition that is made in relation to a particular act or practice.

Article 13.2

Publication

1. Each Party shall ensure, in accordance with its legislation, that its measures of general application in relation to any matter falling within the scope of this Agreement are immediately published, including, if possible, on the Internet, or otherwise made freely available in order to allow the other Party and interested persons to familiarize themselves with them.

2. As far as possible, each Side:

(a) publish in advance any such general measures that are planned to be taken in relation to any matter falling within the scope of this Agreement; and

(b) provides the interested parties and the other Party with a reasonable opportunity to comment on the general measures that are planned to be taken in relation to any issue falling within the scope of this Agreement.

3. No measure of general application adopted by any Party providing for an increase in the rate of duty or other levy on imports in accordance with established and uniform practice, or establishing a new or more burdensome requirement, restriction or prohibition on imports or on the transfer of payments for them, shall be applied before the official publication of such measure.

Article 13.3

Provision of information

1. To the maximum extent possible, each Party shall notify the other Party of any measure that, in the opinion of the Party, may significantly affect the operation of this Agreement or otherwise significantly affect the interests of the other Party in accordance with this Agreement.

2. At the request of the other Party, the Party shall promptly provide information and answer questions related to any measure of general application in respect of any matter falling within the scope of this Agreement, regardless of whether the requesting Party has previously been notified of this measure.

3. Any notification or information provided in accordance with this article is without prejudice to whether the measure is in compliance with this Agreement.

4. Any notification, request or information in accordance with this Article shall be transmitted to the other Party through the appropriate contact points.

5. If the information referred to in paragraph 1 of this Article has been provided by notification to the WTO in accordance with the relevant rules and procedures, or if the above-mentioned information has been posted on the official, publicly accessible and free websites of the Parties, the information exchange is considered to have taken place.

Article 13.4

Administrative proceedings

In order to consistently, impartially and reasonably apply all general measures in relation to any matter falling within the scope of this Agreement, each Party, in the course of administrative proceedings aimed at applying such measures to specific persons, goods or services of the other Party, in certain cases must:

(a) to provide, where possible, reasonable notice to the persons of the other Party directly affected by the proceedings, in accordance with their internal procedures, of when the proceedings have begun, including a description of the nature of the proceedings, a statement from the authorized body on the basis of which the proceedings were initiated, and a general description of any disputed issues;

(b) to provide such persons with a reasonable opportunity to present facts and arguments in support of their position before making any final administrative decision, to the extent time, nature of the proceedings and public interest permit; and

Article 13.5

Review and appeal

1. Each Party shall establish or ensure the functioning of judicial, quasi-judicial or administrative judicial authorities or the implementation of procedures for the purpose, inter alia, of immediately reviewing and, where justified, amending final administrative decisions in respect of matters falling within the scope of this Agreement. Such judicial authorities or procedures should be impartial and independent from the authorized bodies charged with ensuring compliance with administrative measures, and should not have any significant interest in the outcome of the case.

2. Each Party shall ensure that in any such judicial authorities or in carrying out such procedures, the parties to the proceedings are given the right to:

(a) a reasonable opportunity to maintain or defend their respective positions; and

(b) a decision based on evidence and officially submitted documents or, if required by law, on an official document drawn up by an administrative authority.

3. Each Party shall ensure, subject to appeal or further review in accordance with its domestic law, that such decision applies and regulates the practice of the office or authority in relation to the administrative measure in question.

Article 13.6

Special rules

Special rules in other chapters of this Agreement relating to the subject matter of this Chapter shall prevail to the extent that they differ from the provisions of this Chapter.

CHAPTER 14

INSTITUTIONAL AND GENERAL PROVISIONS

Article 14.1

Establishment of a Joint Committee

1. The Parties hereby establish a Joint Committee consisting of representatives of the EAEU and the EAEU Member States, on the one hand, and Indonesia, on the other hand.

2. After the entry into force of this Agreement, the Joint Committee will hold its meetings every two (2) years alternately in one of the EAEU Member States or Indonesia, unless the Parties agree otherwise. The Joint Committee is co-chaired by officials at the ministerial level of both Sides or their designated representatives. The Joint Committee independently determines its agenda. Meetings of the Joint Committee may be held in person or using any other means determined by the Parties by mutual agreement.

3. In addition to paragraph 2 of this Article, if meetings of the Joint Committee are held at the ministerial level, they are preceded by a meeting at the senior officials' level.

Article 14.2

Functions of the Joint Committee

1. The Joint Committee should:

(a) review the overall functioning of this Agreement in accordance with Article 15.4 (General Overview of the Agreement);

(b) to monitor and facilitate the application of this Agreement and to promote the achievement of its general objectives;

(d) consider ways to further strengthen trade relations between the Parties;

(e) seek to resolve any issues related to this Agreement, without prejudice to Chapter 12 (Dispute Resolution);

(f) Approve the transfer to Annex 2 (List of Special criteria for determining the Origin of Goods) prepared by the Subcommittee on Trade in Goods in accordance with subparagraph (b) of paragraph 1 of Article 14.4 (Functions of the Subcommittees), subject to amendments to the Harmonized Commodity Description and Coding System; and

(g) to consider any other matters related to this Agreement at the discretion of the Parties.

2. The Joint Committee may:

(a) to decide on the creation or dissolution of any subcommittee, the distribution of responsibilities or functions among them;

(b) decide on cooperation with all interested persons and experts, if necessary, to resolve any issue within the scope of his duties.;

(d) to make recommendations to the Parties, which he considers necessary, including on the introduction of any amendments to this Agreement.;

(e) to make decisions or make recommendations provided for in this Agreement;

(f) adopt their own regulations; and

(g) take any other actions in the exercise of their functions that the Parties may agree upon.

3. The transfer of Annex 2 (List of special criteria for determining the origin of goods) specified in subparagraph "f" of paragraph 1 of this Article shall be carried out by the Eurasian Economic Commission and the relevant competent authority of the Republic of Indonesia and shall enter into force simultaneously after the Parties complete their internal procedures.

4. The Joint Committee develops its decisions and recommendations based on consensus between the Parties. The Parties shall take the necessary measures for the practical implementation of the decisions of the Joint Committee.

Article 14.3

Establishment of sub-committees

1. The following Subcommittees are established under this Agreement:

(a) The Subcommittee on Trade in Goods;

(b) The Subcommittee on Economic Cooperation;

2. The Subcommittee on Trade in Goods referred to in paragraph 1 of this Article shall consist of representatives of the competent authorities of the Parties and may invite representatives of other organizations of the Parties with the necessary experience relevant to the issues under discussion, by mutual agreement of the Parties.

3. The Subcommittee on Economic Cooperation and the Subcommittee on Trade-Related Issues referred to in paragraph 1 of this article shall consist of representatives of competent authorities and relevant stakeholders, including, but not limited to, line ministries, departments and experts.

4. The subcommittees referred to in paragraph 1 of this Article shall:

(a) be led jointly by the Parties;

(b) to make decisions by mutual agreement on any matter within their functions; and

(c) to hold its meetings annually or by mutual agreement of the Parties. Meetings may be held in person or using any other means of communication by mutual agreement of the Parties.

5. The subcommittees referred to in paragraph 1 of this Article shall report to the Joint Committee on their activities at each regular meeting of the Joint Committee.

6. The creation or existence of a Subcommittee does not prevent either Party from submitting any issue directly to the Joint Committee for consideration.

7. The Subcommittees may consult, if necessary, with other Subcommittees established in accordance with this Article when considering matters related to these Subcommittees.

8. The provisional agenda of each meeting is sent to the Parties, as a rule, no later than 1 (one) month before the meeting.

Article 14.4

Functions of the subcommittees

1. The Subcommittee on Trade in Goods should:

(a) Review and monitor the implementation and functioning of Chapters 2 (Trade in goods), 3 (Rules for determining the origin of goods), 4 (Customs administration and trade facilitation), 5 (Trade protection measures), 6 (Standards, technical regulations and conformity assessment procedures) and 7 (Sanitary and phytosanitary measures);

(b) to review, report on the results and make appropriate recommendations to the Joint Committee on:

i. non-fulfillment by the Parties of obligations under Chapters 2 (Trade in goods), 3 (Rules for determining the origin of goods), 4 (Customs administration and trade facilitation), 5 (Trade protection measures), 6 (Standards, technical regulations and conformity assessment procedures) and 7 (Sanitary and phytosanitary measures);

ii. any amendments to Chapters 2 (Trade in Goods), 3 (Rules for Determining the Origin of Goods), 4 (Customs administration and Trade facilitation), 5 (Trade protection measures), 6 (Standards, technical regulations and conformity assessment procedures) and 7 (Sanitary and phytosanitary measures) or improvements to the tariff obligations mentioned in Paragraph 1 of Article 2.5 (Reduction and cancellation of customs duties); and

iii. the transfer of Annex 2 (List of special criteria for determining the origin of goods) in accordance with the amendments to the HS. Such a transfer should be carried out without prejudice to existing obligations and should be completed in a timely manner.;

(c) Consult to resolve any issues related to Chapter 2 ("Trade in goods"), including issues arising from the revision of the HS in accordance with the International Convention on the Harmonized Commodity Description and Coding System, especially taking into account the procedures and methodologies used by each Party in their respective nomenclatures, in order to to prevent changes in the obligations of the parties in Appendix 1 (Lists of tariff obligations);

(d) identify and recommend solutions to eliminate any problems that may arise in connection with the implementation and operation of Chapters 2 (Trade in goods), 3 (Rules for determining the origin of goods), 4 (Customs administration and trade facilitation), 5 (Trade protection measures), 6 (Standards, technical regulations and procedures conformity assessment) and 7 (Sanitary and phytosanitary measures); and

(e) perform other functions that may be delegated by the Joint Committee in accordance with Chapters 2 (Trade in goods), 3 (Rules for Determining the Origin of Goods), 4 (Customs administration and trade facilitation), 5 (Trade protection measures), 6 (Standards, technical regulations and conformity assessment procedures) and 7 (Sanitary and phytosanitary measures).

2. The Subcommittee on Economic Cooperation should:

(a) to facilitate cooperation between the Parties under Chapter 10 ("Economic cooperation");

(b) establish the Work Program referred to in Article 10.4 (Work Program) for the purposes of implementing Chapter 10 ("Economic cooperation");

(d) to consult on any matter arising in connection with Chapter 10 ("Economic cooperation");

(e) discuss with interested Parties any issues arising in connection with Chapter 10 ("Economic cooperation").

3. The Subcommittee on Trade-Related Issues should:

(a) Review and monitor the implementation and functioning of chapters 8 (Electronic commerce), 9 (Intellectual property) and 11 (Competition);

(b) promote cooperation between the Parties under Chapters 8 (Electronic commerce), 9 (Intellectual property) and 11 (Competition);

Article 14.5

Contact points

1. Each Party shall designate a contact point that is jointly responsible for communicating with the other Party and the Joint Committee on any issues covered by this Agreement, except as otherwise specifically stipulated in other provisions of this Agreement.

2. Each Party shall designate its own contact point in accordance with its internal procedures and notify the other Party of such appointment within 90 (ninety) days from the date of entry into force of this Agreement. In case of any change in the contact person of a Party, this Party shall duly notify the other Party.

Article 14.6

Relation to other agreements

1. The Parties confirm their existing rights and obligations towards each other in accordance with the WTO Agreement and other agreements concluded on its basis, to which they are parties, and any other international agreements to which they are parties.

2. In the event of any conflict between this Agreement and any other agreements to which both Parties are parties, the relevant Parties, upon request, consult with each other in order to find a mutually beneficial solution.

Article 14.7

Changing international agreements

In the event of a change in any provision of an international agreement, including the WTO Agreement or its provisions mentioned in this Agreement or incorporated into this Agreement, the Parties shall consult with each other through a Joint Committee in order to find, if necessary, a mutually acceptable solution.

Article 14.8

Restrictions on the protection of the balance of payments

1. If a Party experiences serious difficulties with the balance of payments and external finances or the threat of their occurrence, it may, in accordance with Article XII of GATT 1994 and the Agreement on the Balance of Payments Provisions of GATT 1994, take restrictive import measures. Such restrictive measures must comply with the articles of Agreement of the International Monetary Fund (hereinafter - the IMF).

2. Any Party maintaining or adopting restrictive measures, or any changes to them, shall immediately notify the other Party of them.

3. In the event of the adoption or maintenance of restrictive measures referred to in paragraphs 1 and 2 of this Article, the Joint Committee shall immediately hold consultations without prejudice to the rights of the Parties to hold such consultations in the WTO and the results of such consultations.23 During the consultations, the Joint Committee shall assess the situation with the balance of payments of the Party concerned and the restrictive measures taken or maintained in accordance with this Article, taking into account, in particular, such factors as:

(a) The nature and extent of the balance of payments and external financial difficulties;

(b) external economic and trade conditions; or

During the consultations, the issue of compliance of any restrictive measures with paragraphs 1 and 2 of this Article is considered. All statistical and other facts presented by the IMF regarding foreign currency, monetary reserves and the balance of payments are accepted, and conclusions are based on the IMF's assessment of the balance of payments and the external financial situation of the relevant Party.

____________ _23 Any results of the consultations conducted by the Joint Committee will not replace the consultation process and the results of the work of the WTO Committee on Balance of Payments Restrictions.

Article 14.9

General exceptions

Provided that such measures are not applied in a manner that could constitute a means of arbitrary or unjustifiable discrimination between Parties in which the same conditions prevail, or a disguised restriction on international trade, nothing in this Agreement should be interpreted as preventing any Party from taking or applying measures.:

(a) necessary to protect public morals;

(b) necessary for the protection of human, animal or plant life or health;

(d) necessary to ensure compliance with laws or other regulatory legal acts that do not contradict the provisions of GATT 1994, including those related to the enforcement of customs laws, rules on monopolies in force under paragraph 4 of Article II and Article XVII of GATT 1994, the protection of patents, trademarks and copyrights and the prevention of practices that introduce misleading;

(e) related to goods produced by prisoners;

(f) adopted for the protection of national treasures of artistic, historical or archaeological value;

(g) related to the conservation of depleted natural resources, if such measures are carried out simultaneously with restrictions on domestic production or consumption;

(h) undertaken in fulfillment of obligations under an intergovernmental agreement on goods that meets the criteria submitted for consideration by the WTO and not rejected by it, or which are submitted for consideration and not rejected;

(i) related to restrictions on exports of domestic materials necessary to provide sufficient quantities of such materials to the domestic manufacturing industry during periods when the domestic price of such materials is kept at a lower level than the world price, as part of the Government's stabilization plan; provided that such restrictions do not contribute to the expansion of exports or the protection of this domestic industry and do not deviate from the provisions of GATT 1994 concerning non-discrimination;

(j) essential for the purchase or distribution of goods that are in short supply in general or for a particular region; provided that any such measures are compatible with the principle that the Parties are entitled to a fair share in the international supply of such goods, and any such measures incompatible with other provisions of this Agreement are terminated. an action as soon as the conditions that caused their use cease to exist.

Article 14.10

Security exceptions

Nothing in this Agreement should be interpreted.:

(a) as a requirement for any Party to provide any information, the disclosure of which it considers to be contrary to the essential interests of its security, or

(b) as preventing any Party from taking such actions as it deems necessary to protect its essential security interests:

i. with respect to fissionable materials or the materials from which they are produced;

ii. with regard to trade in arms, ammunition and military products, as well as trade in other goods and materials that are carried out, directly or indirectly, for the purpose of supplying the armed forces;

iii. undertaken in time of war or other extraordinary circumstances in international relations; or

(c) as preventing any Party from taking any action in fulfillment of its obligations under the Charter of the United Nations to maintain international peace and security.

Article 14.11

Exceptions to protect critical public infrastructure

1. Nothing in this Agreement shall be interpreted as preventing either Party from taking any measures it deems necessary to protect its critical public infrastructure (this includes communications, energy, transport or water infrastructure providing basic goods or services to the public) from deliberate attempts to disable it or disrupt its functioning.

2. The Party does not apply paragraph 1 of this Article as a deliberate and disguised restriction of trade between the Parties.

Article 14.12

Confidentiality of information

1. Nothing in this Agreement shall be interpreted as requiring a Party to provide confidential information, the disclosure of which would impede law enforcement or otherwise be contrary to the public interest, or which would prejudice the legitimate commercial interests of specific enterprises, public or private.

2. Unless otherwise provided by this Agreement, when a Party provides information to the other Party (or the Joint Committee or Subcommittees) in accordance with this Agreement and designates it as confidential, the Party (or the Joint Committee or Subcommittees) receiving the information shall maintain the confidentiality of the information, use it only for the purposes specified by the Party providing the information, and does not disclose it without the special written permission of the Party that provided the information.

Article 14.13

Taxation measures

1. For the purposes of this Article:

"Tax convention" means the Convention for the avoidance of double taxation or any other international agreement or arrangement relating to taxation to which Indonesia or the Eurasian Economic Union or its member States are parties; and

"taxes and taxation measures" do not include customs duties.

2. With the exception of the cases provided for in this Article, none of the provisions of this Agreement shall apply to taxation measures.

3. This Agreement grants rights or imposes obligations with respect to taxation measures only in cases where the relevant rights and obligations are also granted or imposed in accordance with GATT 1994.

4. Nothing in this Agreement shall be interpreted as preventing a Party from adopting or supporting any tax measures aimed at preventing tax avoidance or evasion in accordance with its tax laws and regulations or any tax convention to which both Parties are parties.

5. Nothing in this Agreement affects the rights and obligations of Indonesia, the Eurasian Economic Union or any of its member States under any tax convention between Indonesia and the Eurasian Economic Union or any of its member States. In the event of any inconsistency between this Agreement and any such tax convention, that convention will prevail to the extent of such inconsistency.

CHAPTER 15

FINAL PROVISIONS

Article 15.1

Amendments

1. The Parties may agree in writing to amend this Agreement.

2. Any amendment to this Agreement shall enter into force in accordance with Article 15.3 (Entry into Force), unless otherwise agreed by the Parties.

3. Amendments are an integral part of this Agreement.

Article 15.2

Joint interpretation

The Parties may jointly adopt in writing interpretations of the provisions of this Agreement, which are binding on the Parties and all bodies and arbitration panels established under this Agreement.

Article 15.3

Entry into force

1. This Agreement is being ratified by the EAEU Member States and Indonesia, and the EAEU expresses its consent to be bound by this Agreement.

2. This Agreement shall enter into force on the first day of the second month following the date on which the Parties exchange written notifications certifying that they have completed their respective domestic procedures necessary for the entry into force of this Agreement. Such notifications are sent between the Eurasian Economic Commission and Indonesia.

Article 15.4

General overview of the Agreement

1. The Parties undertake to review this Agreement and study, in this context and in the light of any relevant factors, the possibility of further developing and deepening their cooperation under this Agreement and extending it to areas not covered by this Agreement.

2. The Joint Committee may, if necessary, make recommendations to the Parties, in particular with a view to opening negotiations as a result of a review of the overall functioning of this Agreement, as provided for in Article 14.2 (Functions of the Joint Committee). A general review of this Agreement will be conducted 5 years after the date of entry into force of this Agreement, and then every 5 years thereafter.

Article 15.5

Withdrawal and termination

1. The EAEU and the EAEU Member States may terminate this Agreement by written notification to Indonesia, or Indonesia may terminate this Agreement by written notification to the EAEU. The termination takes effect six (6) months after the date of notification.

2. The Agreement shall terminate for any EAEU Member State withdrawing from the EAEU Treaty on the same date as the withdrawal from the EAEU Treaty takes place. The Eurasian Economic Commission notifies Indonesia of such withdrawal 9 (nine) months in advance. The Parties shall consult among themselves to consider the consequences of such withdrawal for this Agreement.

3. If an EAEU Member State withdraws from the Treaty in accordance with paragraph 2 of this Article, this Agreement remains in force for the EAEU and the remaining EAEU Member States and Indonesia.

Article 15.6

Applications and Additional Applications

Appendices and Additional Appendices to this Agreement are an integral part of this Agreement.

Article 15.7

Joining

1. The accession of a new EAEU Member State to this Agreement is agreed upon between the EAEU and its member States, including this new EAEU Member State, and Indonesia. Such accession is carried out through an additional protocol to this Agreement.

2. The Eurasian Economic Commission shall immediately notify Indonesia of any third State that has received the status of a candidate for joining the EAEU, of the results of negotiations with the candidate State for joining the EAEU and of the entry into force of any accession to the EAEU.

3. During the negotiations between the EAEU and the candidate state wishing to join the EAEU, the Eurasian Economic Commission strives to:

(a) to provide, upon request from Indonesia, any information relating to any matter covered by this Agreement; and

(b) take into account any concerns expressed.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Agreement.

Done on ___ day _______ 202_ in two copies in English.

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For the Republic of Armenia

For the Republic of Indonesia

For the Republic of Belarus

For the Republic of Kazakhstan

For the Kyrgyz Republic

For the Russian Federation

For the Eurasian Economic Union

APPENDIX 1

LISTS OF TARIFF OBLIGATIONS

General notes

Section A

1. For the purposes of this Application:

"CC Code" and "Description" mean the relevant tariff position of a Party and its corresponding description, respectively, as they are presented in the list of customs tariffs of that Party as of January 1, 2022.;

"Base Rate" means the applicable most-favored-nation (MFN) customs duty rate effective on January 1, 2022 in the relevant list of customs tariffs; and

"Entry into force (EIF)" means the date of entry into force of this Agreement in accordance with Article 15.3 (Entry into force).

2. For the purposes of implementing equal annual milestones, the following applies::

(a) the first stage of tariff reduction takes place on the date of the EIF of this Agreement; and

(b) subsequent annual reductions are made on January 1 of each subsequent year.

3. Unless otherwise provided in the List of the Party, the following categories shall apply to the reduction or cancellation of customs duties by each Party in accordance with Article 2.5 (Reduction and cancellation of customs duties):

(a) Customs duties on originating goods classified under tariff items designated "A" shall be completely abolished from the date of entry into force of this Agreement.;

(b) Customs duties on originating goods classified under tariff items designated "A3" are abolished in three equal annual installments from the base rate to zero and such goods will be exempt from customs duties from January 1 of the third year;

(c) Customs duties on originating goods classified under tariff items designated "A5" are abolished in five equal annual installments from the base rate to zero and such goods will be exempt from customs duties from January 1 of the fifth year;

(d) Customs duties on originating goods classified under tariff items designated "A7" are abolished in seven equal annual installments from the base rate to zero and such goods are exempt from customs duties from January 1 of the seventh year;

(e) Customs duties on originating goods classified under tariff items designated "A10" are abolished in ten equal annual installments from the base rate to zero and such goods will be exempt from customs duties from January 1 of the tenth year;

(f) Customs duties on originating goods classified under tariff items designated "A15" are abolished in 15 equal annual installments from the base rate to zero and such goods are exempt from customs duties from January 1 of the fifteenth year;

(g) Customs duties on originating goods classified under tariff items designated "R1" shall be reduced by 50% from the date of entry into force of this Agreement.;

(h) Customs duties on originating goods classified under tariff items designated "R2" are reduced by 25% from the date of entry into force of this Agreement; and

(i) Originating goods classified under tariff items designated "EX" are excluded from tariff obligations. Customs duties on such originating goods are applied in accordance with the most favored nation regime in accordance with Article 2.2 (Most Favored Nation Regime).

4. The customs duty rates at the intermediate stages are rounded to the first decimal value for the ad valorem customs duty and in accordance with the following formula:

(a) in cases where the second decimal number is less than 5, the first decimal number remains unchanged (for example, 0.04% will be rounded to 0%);

(b) in cases where the second decimal number is equal to or greater than 5, the first decimal number will be incremented by 1 (i.e. 0.05% will be rounded to 0.1%); and

(c) The non-valorem customs duty or the non-valorem part of the customs duty is rounded to the third decimal place using the same formula.

Section B

Notes to Additional Appendix 1.2 (List of tariff obligations of the Republic of Indonesia)

In addition to the General Notes to the Lists of Tariff Obligations listed in section A, Indonesia reduces customs duties on goods of the other party in accordance with the following conditions:

(a) Customs duties on originating goods classified under tariff items designated "R3" shall be reduced by 50% in ten equal annual installments from the base rate from the date of entry into force of this Agreement;

(b) Customs duties on originating goods classified under tariff items designated "HSL1" shall be applied in accordance with the base rate effective on the date of entry into force of this Agreement for the first three years. After that, customs duties on such goods will be reduced to 12.5% from January 1 of the fourth year; and

(c) Customs duties on originating goods classified under tariff items designated "HSL2" shall remain as the base rate from the date of entry into force of this Agreement, and customs duties on such goods shall be reduced by 50% of the base rate from January 1 of the fifteenth year.

Section C

Notes to Additional Appendix 1.1 (List of EAEU Tariff Obligations)

In addition to the General Notes to the Lists of Tariff Obligations listed in Section A of Appendix 1, the EAEU cancels customs duties on goods of the other Party in accordance with the following conditions:

(a) Originating goods classified under tariff items designated "TRQ" are applied in accordance with section D of this annex; and

(b) Originating goods classified according to tariff items designated "HSL 3" are applied in accordance with the base rate effective on the date of entry into force of this Agreement for the first nine years, after which such goods are exempt from customs duties from January 1, the 10th year.

Section D

Notes on the application of the tariff quota for imports into the customs territory of the Eurasian Economic Union from the Republic of Indonesia

1. For the TRQs provided for in this section, the Eurasian Economic Union annually provides a duty-free quota for a certain number of goods from the Republic of Indonesia listed in this section.

2. The duty rate outside the quotas is applied in accordance with Article 2.2 (Most-favored-nation treatment).

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HS Code

Description

Intra-quota quantity

1804.00

Cocoa butter, fat and butter

18,000 metric tons per year

1805.00

Cocoa powder, non-sugar or other sweeteners

13,000 metric tons per year

2101.12

- - Preparations based on extracts, essences or concentrates or based on coffee

2,000 metric tons per year

APPENDIX 2

LIST OF SPECIAL CRITERIA FOR DETERMINING THE ORIGIN OF GOODS

General notes

For the purposes of this Application:

1. The first column of the list contains groups, product items or subheadings, the second column contains a description of the goods. The goods in this list are determined solely by the HS product code. The product description is provided for ease of use only.

If the HS product code in the first column of the list is preceded by the preposition "from", this indicates that the criterion for determining the origin of goods indicated in the third column applies only to a part of the corresponding subheading, heading or group named in the second column. In this case, you should be guided by both the HS product code and the product name.

2. "Group" means the HS group (2 characters);

"Trademark" means the HS trademark (4 characters);

"Subheading" means the HS subheading (6 characters);

"CTC" means a change in the commodity classification at the 2, 4, or 6-digit HS level (CC, STN, STN);

"CC" means that all non-originating materials used in the production of the final product must undergo a change in the commodity classification at the 2-digit HS level (group change);

"STN" means that all non-originating materials used in the production of the final product must undergo a change in the commodity classification at the 4-digit HS level (change of heading);

"HSN" means that all non-originating materials used in the production of the final product must undergo a change in the commodity classification at the 6-digit HS level (change in subheading);

"QVC [...]%" means that the share of value added achieved during the production of the final product, calculated in accordance with the formula established in Article 3.5 (Calculation of the share of value added), must be at least [...] percent;

"CTC or QVC [...]%" means a requirement to change the commodity classification or achieve in the process of production of the final product a share of value added calculated in accordance with the formula established in Article 3.5 (Calculation of the share of value added) at a level of at least [...] percent;

"CTC, with the exception of [...]" means the requirement to change the commodity classification at the appropriate 2, 4, or 6-digit HS level, while the use of non-originating materials classified in the specified group, heading or subheading in the production process of the final product is not allowed.

3. The requirement to change the product classification applies only to non-originating materials.

4. The criteria for determining the origin of goods, indicated in the third column of the list, establish minimum requirements for production operations. Performing more production operations also allows you to recognize the product as happening.

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