On signing the Agreement on Cooperation of the Member States of the Eurasian Economic Community in the Securities Market
Decree of the President of the Republic of Kazakhstan dated June 16, 2004 No. 1395.
I decree:
1. To approve the draft Agreement on Cooperation of the member States of the Eurasian Economic Community in the securities market.
2. To sign an agreement on cooperation between the member States of the Eurasian Economic Community in the securities market.
3. This Decree comes into force from the date of signing.
President of the Republic of Kazakhstan
Project
Agreements on cooperation of the member States of the Eurasian Economic Community in the securities market
The member States of the Eurasian Economic Community, hereinafter referred to as the Parties,
guided by the Treaty on the Establishment of the Eurasian Economic Community of October 10, 2000,
realizing the goals and objectives of the Eurasian Economic Community,
Realizing the need to create a unified procedure for the issuance and circulation of securities, a unified procedure for professional activity in the securities market, and common principles for protecting and ensuring investors' rights within the framework of the Eurasian Economic Community,
Striving to promote the growth of the economic potential of the Parties,
have agreed on the following:
Article 1
The objectives of this Agreement are to create a single interstate securities market, develop and adopt measures within the framework of the Eurasian Economic Community to protect the interests of investors in the interstate securities market, create an information database on the interstate securities market and ensure equal access to it by the Parties.
At the same time, the interstate securities market is understood as a set of securities markets of the Parties united by common principles of functioning and government regulation.
Article 2
State registration of issues and reports on the results of securities issues is carried out in accordance with the procedure established by the legislation of the Party in whose territory the securities are placed and traded.
Article 3
Participants in the interstate securities market are issuers of securities, investors, and professional participants in the securities market, determined in accordance with the legislation of each of the Parties.
Article 4
The admission of securities to placement and circulation outside the territory of the Party of which the issuer of securities is a resident is carried out in accordance with the legislation of this Party.
Admission to placement and circulation on the territory of any of the Parties of securities issued by non-residents is carried out in accordance with the legislation of the Party on whose territory the securities are placed and traded.
At the same time, the concepts of "resident" and "non-resident" are defined in accordance with the legislation of each of the Parties.
Article 5
Professional activity in the securities market is carried out in accordance with the legislation of the Party in whose territory such activity is carried out.
Article 6
Transactions on the interstate securities market are carried out in accordance with the laws of the Party in whose territory they are carried out.
Settlements on securities transactions conducted on the interstate securities market are carried out in a currency that is determined by agreement of participants in the interstate securities market, taking into account the requirements of the legislation of the Party in whose territory these transactions are conducted.
Article 7
Each of the Parties grants the most-favored-nation treatment to residents of the other Parties in its securities market.
Article 8
The Parties undertake to take measures:
1) on the harmonization of legislation:
regulating the issue of securities;
regulating the admission of resident securities to placement and circulation on the territory of the other Party;
regulating the admission to the placement and circulation of securities of non-residents;
regulating the activities of professional participants in the securities market and the Institute of collective investments;
At the same time, the collective investment institute means investment funds, non-governmental pension funds, management companies and specialized depositories of investment funds and non-governmental pension funds, as well as other organizations related to the collective investment institute in accordance with the legislation of each of the Parties.;
which establishes qualification requirements for specialists of professional participants in the securities market and the Institute of collective investments;
which establishes the requirements for making transactions on the securities market;
regulating the disclosure of information on the securities market;
2) on the harmonization of codes of corporate conduct;
3) to develop common approaches to the control of the securities market.
Article 9
The Integration Committee of the Eurasian Economic Community is forming an information database on the securities markets of the Parties.
The Parties undertake, in accordance with their legislation, to provide the Integration Committee of the Eurasian Economic Community with information on their securities markets.
Article 10
The Parties will instruct their authorized bodies for regulating securities markets to exchange on an ongoing basis the information necessary for monitoring the interstate securities market.
The Parties undertake not to transfer to a third party information received by one of the Parties on the basis of this Agreement without the written consent of the Party that provided such information.
Article 11
Coordination of the work on the implementation of this Agreement is entrusted to the Council of Heads of Authorized Bodies for the Regulation of Securities Markets under the Integration Committee of the Eurasian Economic Community, established in accordance with the decision of the Integration Committee of the Eurasian Economic Community of November 29, 2002 No. 159.
Article 12
This Agreement is open for accession by any member State of the Eurasian Economic Community.
The document of accession to this Agreement shall be deposited with the depositary, which is the Integration Committee of the Eurasian Economic Community.
In respect of the acceding States, this Agreement shall enter into force on the date of receipt by the depositary of the instrument of accession.
Article 13
By agreement of the Parties, amendments and additions may be made to this Agreement, which are formalized in separate protocols that are an integral part of it.
Article 14
Disputes related to the application or interpretation of this Agreement are resolved through consultations and negotiations between the Parties concerned.
Article 15
This Agreement is concluded for a period of five years and will be extended for subsequent five-year periods, unless either Party, at least six months before the expiration of the next five-year period, sends a written notification to the depositary of its intention to terminate it.
Article 16
This Agreement shall enter into force on the date of deposit with the depositary of the last notification on the fulfillment by the signatories of the necessary domestic procedures.
Each Party may withdraw from this Agreement by sending a written notification to the depositary no later than six months prior to withdrawal.
This Agreement does not affect the mutual rights and obligations of the Parties under existing international agreements related to the issues covered by this Agreement, or under international agreements that may be concluded in accordance with the subject matter and objectives of this Agreement.
Done in ________ "___" ____ 200__ G. in one original copy in Russian.
For the Republic of Belarus
For the Republic of Kazakhstan
For the Kyrgyz Republic
For the Russian Federation
For the Republic of Tajikistan
President
Republic of Kazakhstan
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