On signing the Protocol on Certain Temporary Exemptions from the functioning of the Single Customs Territory of the Customs Union

Decree of the President of the Republic of Kazakhstan dated June 30, 2010 No. 1017

 In accordance with article 8 of the Law of the Republic of Kazakhstan dated May 30, 2005 "On International Treaties of the Republic of Kazakhstan"

I DECREE:      

1. To approve the attached draft Protocol on certain Temporary exemptions from the functioning of the single Customs Territory of the Customs Union.      

2. Authorize the First Deputy Prime Minister of the Republic of Kazakhstan, Umirzak E. Shukeyev, to sign on behalf of the Republic of Kazakhstan a Protocol on certain temporary exemptions from the functioning of the Single Customs Territory of the Customs Union 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 signing.

     President of the Republic of Kazakhstan N. Nazarbayev

APPROVED        

By Decree of the President of the Republic of Kazakhstan dated June 30, 2010 No. 1017

project

protocol

on certain temporary exceptions to the mode of operation of the single customs territory of the Customs Union

     The Republic of Belarus, the Republic of Kazakhstan and the Russian Federation, hereinafter referred to as the Parties, taking into account the agreement on the establishment of temporary exemptions from the regime of operation of the single customs territory of the Customs Union, as defined by international treaties of the member States of the Customs Union, forming the legal framework of the Customs Union, taking into account the need to complete the formation of the Single Economic Space of the Republic of Belarus as soon as possible, Of the Republic of Kazakhstan and the Russian Federation,      Recognizing the need for the complete abolition of all restrictions on mutual trade and the application of a single trade regime in trade with third countries, agreed as follows:

Article 1

     Rates of customs duties and taxes, as well as the amount of security for the payment of customs duties and taxes in respect of passenger cars and other motorized vehicles for personal use, intended primarily for the transportation of people, classified in heading 8703 of the unified Commodity Nomenclature for Foreign Economic Activity of the Customs Union (hereinafter referred to as HS CU), with the exception of ATVs, snowmobiles and other passenger vehicles classified in heading 8703 of the Customs Code of the Customs Union, not intended for use on public roads (hereinafter - cars) are established by the legislation of the Party in whose territory such cars are manufactured, but not lower than the rates similar to those established in the Republic of Belarus as of January 1, 2010.      When placing cars under the customs procedure of customs transit from the customs authority of one Party to the customs authority of the other Party, the amount of security for the payment of customs duties and taxes is determined based on the amounts of customs duties and taxes payable upon the release of cars for permanent circulation in the territory of the Party whose customs authority produces cars, but not less than the amounts of security for customs duties and taxes duties and taxes that are subject to payment in other Parties in respect of these vehicles.      The provisions of this article are valid until July 1, 2011.

Article 2

     In respect of goods that are released upon importation into the customs territory of the Customs Union in one Party (the State of release) and are imported into the territory of the other Party (the State of import), for which special protective, anti-dumping, countervailing and retaliatory measures are established by the legislation of the State of import, or the state of import, depending on the country of origin of the goods and the conditions of their import, are applied Customs duties are higher than by the State of issue, and customs control is carried out upon importation into the territory of the State of import., The customs declaration is carried out and the specified measures are applied and (or) customs duties are levied in accordance with the legislation of the state of importation.      Goods imported from the territory of the other Party are subject to customs declaration in the territory of the Party, if the Party applies special protective, anti-dumping, countervailing and other measures provided for by the contractual legal framework of the Customs Union to such goods.      The Party establishing these measures has the right to determine the procedure for the arrival of goods on its territory and actions with such goods.      The parties will take measures to complete the unification of trade regimes with third countries, as well as review special protective, anti-dumping and countervailing measures.      The provisions of this article are valid until the date of receipt by the depositary of the last written notification through diplomatic channels on the completion by the Parties of the internal procedures necessary for the entry into force of international treaties provided for in the Action Plan for the Formation of the Common Economic Space of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation, approved by the Decision of the Interstate Council of the EurAsEC (the highest body of the Customs Union) at the level of heads of state dated December 19, 2009, No. 35.

Article 3

     Goods for which the Republic of Kazakhstan applies customs duty rates other than those established by the Unified Customs Tariff of the Customs Union (the list of these goods is given in Appendix No. 5 to the Decision of the Customs Union Commission of November 27, 2009 No. 130), when imported into the territory of the Republic of Belarus and the Russian Federation, are subject to customs declaration and customs Customs duties are levied in respect of them in the amount of the difference in the amounts of import customs duties calculated at the rates of the Single Customs Tariff of the Customs Union., and the amounts of import customs duties paid upon the release of the goods.      The Republic of Belarus and the Russian Federation have the right to determine the order of arrival of the specified goods on their territory.      The provisions of this article are valid until the date of receipt by the depositary of the last written notification through diplomatic channels on the completion by the Parties of the internal procedures necessary for the entry into force of international treaties provided for in the Action Plan for the Formation of the Common Economic Space of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation, approved by the Decision of the Interstate Council of the EurAsEC (the highest body of the Customs Union) at the level of heads of state dated December 19, 2009, No. 35.

Article 4

     In order to implement Articles 2 and 3 of this Protocol, the Parties have the right to monitor and account for goods and vehicles transported from the territory of one Party to the territory of the other Party for the period of validity of these articles.

Article 5

     From the date of receipt by the depositary of a written notification through diplomatic channels on the implementation by the Republic of Belarus of the internal procedures necessary for the entry into force of international treaties provided for in the Action Plan for the Formation of a Single Economic Space of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation, approved by the Decision of the Interstate Council of the EurAsEC (the highest body of the Customs Union) at the level of heads of State dated December 19, 2009 Year No. 35, The Parties in mutual trade do not apply export customs duties (other duties, taxes and fees having equivalent effect).      The parties will conclude an agreement defining the procedure for collecting and crediting export customs duties in trade with third countries.      The Parties will take the necessary measures to sign the international agreements referred to in the first paragraph of this article before January 1, 2011.

Article 6

     This Protocol is subject to ratification and is provisionally applicable from the date of entry into force. The Agreement on the Customs Code of the Customs Union dated November 27, 2009.      This Protocol shall enter into force from the date of receipt by the depositary of the last written notification through diplomatic channels on the completion by the Parties of the internal procedures necessary for the entry into force of this Protocol, but not earlier than the date of entry into force of the Agreement on the Customs Code of the Customs Union of November 27, 2009.      Committed in the city ________ "___" ________ 2010 year in one original copy in Russian.      The original copy of this Protocol shall be kept in the Commission of the Customs Union, which is the depositary of this Protocol and will send each Party a certified copy thereof.

     For the Republic For the Republic For the Russian Belarus                Kazakhstan               The Federation

President    

Republic of Kazakhstan     

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