On the ratification of the Agreement on Common Non-Tariff Regulatory Measures in relation to Third Countries

Home / RLA / On the ratification of the Agreement on Common Non-Tariff Regulatory Measures in relation to Third Countries

The Law of the Republic of Kazakhstan dated November 18, 2008 No. 82-IV.

RCPI's note! The Agreement is terminated in connection with the entry into force of the Treaty on the Eurasian Economic Union, ratified by the Law of the Republic of Kazakhstan dated 14.10.2014 No. 240-V (for the procedure of entry into force, see Article 113).

To ratify the Agreement on Common Non-Tariff Regulatory Measures for Third Countries, signed in Moscow on January 25, 2008.

President

Republic of Kazakhstan

N. Nazarbayev

AGREEMENT on Common Non-tariff Regulatory measures in relation to Third Countries

The Government of the Republic of Belarus, the Government of the Republic of Kazakhstan and the Government of the Russian Federation, hereinafter referred to as the Parties,

Striving to create a single customs territory of the States of the Parties and to ensure favorable conditions for the effective functioning of the customs union,

Based on the need to pursue a coordinated foreign trade policy based on the principles of non-discrimination, transparency, mutual benefit and protection of national interests,

Striving to establish a uniform procedure for the import of goods from States that are not parties to this Agreement (hereinafter referred to as third countries) to the customs territories of the States of the Parties and to the single customs territory of the States of the Parties after its establishment and export of goods from these territories,

Considering the need to apply uniform non-tariff regulatory measures to third countries,

guided by generally recognized principles and norms of international law,

have agreed on the following:

Article 1 Basic concepts

The terms used in this Agreement mean the following:

"foreign trade activity" - the activity of carrying out transactions in the field of foreign trade in goods;

"foreign trade in goods" means the export and/or import of goods. The movement of goods from one part of the customs territory of a Party's state to another part of its customs territory, if such parts are not interconnected by land territory, as well as through the customs territory of a foreign state, does not constitute foreign trade in goods.;

"single customs territory" is a territory consisting of the customs territories of the States of the Parties.;

"import of goods" means the import of goods into the customs territory of a Party's state or into a single customs territory from the customs territories of third countries without the obligation to re-export;

"exclusive right to export and (or) import certain types of goods" is the right to carry out foreign trade activities in respect of certain types of goods, granted on the basis of a license issued by an authorized state executive authority.;

"quantitative restrictions on exports and (or) imports" - measures for quantitative restriction of foreign trade in goods, which can be introduced by setting quotas;

"license" and (or) "permit" are special documents for the right to export and (or) import goods;

"licensing" is a set of administrative measures that establishes the procedure for granting licenses and (or) permits.;

"monitoring of exports and (or) imports of certain types of goods" is a temporary measure established in order to monitor the dynamics of exports and (or) imports of certain types of goods (automatic licensing);

"permissive procedure" is the procedure for carrying out foreign trade operations with certain types of goods, providing for licensing or applying other administrative measures to regulate foreign trade activities, as well as customs control and customs clearance of such goods transported outside the customs territory of the state of the Party or outside the single customs territory.;

"authorized state executive authority" - the executive authority of the state of the Party, authorized to issue licenses and (or) permits;

"participants in foreign trade activities" - legal entities and organizations that are not legal entities, registered in one of the states of the Parties and established in accordance with the legislation of that state, individuals who have permanent or preferential residence in the territory of one of the States of the Parties, who are citizens of that state or have the right to permanent residence in it, or registered as individual entrepreneurs in accordance with the legislation of this State;

"export of goods" means the export of goods from the customs territory of a Party's state or from a single customs territory to the customs territories of third countries without the obligation to re-import;

"non-tariff regulation measures" is a set of measures to regulate foreign trade in goods, implemented through the introduction of quantitative and other prohibitions and restrictions of an economic nature.

Article 2 Application of uniform non-tariff regulation measures

1. Common non-tariff regulatory measures are applied to trade with third countries in the single customs territory based on the principles set out in Articles 3-6 and 9 of this Agreement.

2. The procedure for the introduction and application of uniform non-tariff regulation measures is determined by separate agreements of the Parties.

Article 3 Quantitative restrictions

1. The export and import of goods in the course of trade with third countries shall be carried out without quantitative restrictions, with the exception of the cases provided for in this article.

2. In exceptional cases, they can be installed:

1) prohibitions and temporary restrictions on the export of goods to prevent or reduce a critical shortage in the domestic market of food or other goods that are essential for the domestic market;

2) restrictions on the import of agricultural goods or aquatic biological resources imported in any form, if necessary:

a) reduce the production or sale of similar domestic goods;

b) reduce the production or sale of a domestic product that can be directly replaced by an imported product if there is no significant production of a similar domestic product.;

c) to remove a temporary surplus of a similar domestic product from the market by providing this surplus to certain consumer groups free of charge or at prices below market prices;

d) to remove from the market a temporary surplus of domestic goods, which can be directly replaced by imported goods if there is no significant production of similar domestic goods, by providing this surplus to certain consumer groups free of charge or at prices below market;

e) limit the production of products of animal origin, the production of which depends entirely or mainly on imported goods, if the production of a similar domestic product is insignificant.

Article 4 Exclusive right to export and (or) import certain types of goods

1. The implementation of foreign trade activities may be limited by granting the exclusive right to export and (or) import certain types of goods.

2. The exclusive right to export and/or import certain types of goods is carried out on the basis of a license.

3. Participants in foreign trade activities who have been granted the exclusive right to export and (or) import certain types of goods shall enter into transactions for the export and (or) import of certain types of goods based on the principle of non-discrimination and guided only by commercial considerations.

Article 5 Licensing in the sphere of foreign trade in goods

1. Licensing in the sphere of foreign trade in goods is established in the following cases::

1) the introduction of temporary quantitative restrictions on the export or import of certain types of goods;

2) implementation of a permissive procedure for the export and (or) import of certain types of goods that may adversely affect the security of the state, the life or health of citizens, the property of individuals or legal entities, state or municipal property, the environment, the life or health of animals and plants;

3) granting the exclusive right to export and (or) import certain types of goods;

4) fulfillment of international obligations.

2. The basis for the export and (or) import of certain types of goods in the cases provided for in paragraph 1 of this Article is a license issued by an authorized state executive authority.

3. The absence of a license is the basis for refusal to release goods by the customs authorities.

4. Licensing rules are determined by a separate agreement between the Parties.

Article 6 Supervision of the export and (or) import of certain types of goods

The export and/or import of certain types of goods is monitored by issuing permits for the export and/or import of goods subject to the following conditions:

1) the procedure for obtaining permits should be simplified as much as possible in order not to restrict the export and/or import of goods;

2) permits are issued without restrictions to any participants in foreign trade activities on the basis of written applications submitted to the authorized state executive authority;

3) applications for permits may be submitted on working days prior to customs clearance of goods;

4) the period for issuing permits may not exceed 3 business days from the date of application.

Article 7 Measures affecting foreign trade in goods and imposed based on national interests

1. Regulatory measures affecting foreign trade in goods may be introduced if these measures:

1) necessary for the observance of public morality or law and order;

2) are necessary to protect the life or health of citizens, the environment, the life or health of animals and plants;

3) relate to the export and/or import of gold or silver;

4) are used to protect cultural values and cultural heritage;

5) are necessary to prevent the depletion of irreplaceable natural resources and are carried out simultaneously with the restriction of domestic production or consumption related to the use of irreplaceable natural resources;

6) related to the restriction of exports of domestic materials in order 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 a result of the stabilization plan implemented by the Government;

7) are necessary for the purchase or distribution of goods in case of a general or local shortage;

8) are necessary for the fulfillment of international obligations;

9) necessary to ensure defense and security;

10) are necessary to ensure compliance with legal acts that do not contradict international obligations regarding the application of customs legislation, environmental protection, intellectual property protection, and other legal acts.

2. The measures provided for in paragraph 1 of this article shall not be applied if the method of their implementation is a means of arbitrary or unjustified discrimination against third countries, as well as covert restrictions on foreign trade in goods.

Article 8 Special types of prohibitions and restrictions on foreign trade in goods

1. Foreign trade in goods may be limited by measures necessary for the participation of the States of the Parties in international sanctions in accordance with the Charter of the United Nations, including measures derogating from the provisions of Articles 3 and 4 of this Agreement.

2. Measures restricting foreign trade in goods, including measures derogating from the provisions of Articles 3 and 4 of this Agreement, may be introduced in order to protect the external financial situation and maintain balance of payments balance.

Article 9 Application of non-tariff regulatory measures in the single Customs territory

1. Decisions on the application of non-tariff regulatory measures for the import of goods into and/or export from the single customs territory are made by the Customs Union Commission established by the Agreement on the Customs Union Commission of October 6, 2007 (hereinafter referred to as the Commission)..

2. The powers of the Parties to make decisions on the application of non-tariff regulatory measures provided for in this Agreement may be transferred to the Commission in whole or in part by a decision of the heads of State of the Parties prior to the creation of a single customs territory of the States of the Parties.

In this case, the Commission's decisions on the application of non-tariff regulatory measures are implemented by the Parties in relation to the import of goods into the customs territories of their States and (or) their export from these territories.

3. In exceptional cases, the Parties may unilaterally introduce non-tariff regulatory measures provided for in this Agreement for a period not exceeding 6 months after the transfer of powers to the Commission provided for in paragraph 2 of this Article or after the creation of a single customs territory.

The Party introducing non-tariff regulatory measures in accordance with this paragraph shall submit to the Commission for consideration the application of similar measures by other Parties, and shall also inform these Parties of the introduction and application of such measures.

4. The Parties that do not apply the measures provided for in paragraph 3 of this Article shall make the necessary efforts to prevent the import of goods into the customs territory of the State of the Party applying these measures from third countries or the export of goods to third countries bypassing these measures.

5. If a Party introduces non-tariff regulatory measures in accordance with paragraph 3 of this Article in the form of a ban or restriction on the export of domestic goods to third countries, other Parties that do not apply these measures will not allow the export of these goods without a license and (or) permission issued by the authorized state executive authority of the State of this Party.

6. A Party applying non-tariff regulatory measures in accordance with paragraph 3 of this Article shall make efforts necessary to ensure that other Parties comply with the provisions of paragraphs 4 and 5 of this Article, including providing them with information about suppliers of goods, identification features of goods, methods of their transportation known to it, as well as other information that allows them to identify goods for which non-tariff regulatory measures have been introduced.

7. Licenses and (or) permits issued by the authorized state executive authority of the state of any of the Parties after the transfer of the powers provided for in paragraph 2 of this Article to the Commission shall be recognized by all other States of the Parties and shall have the same legal force in all States of the Parties.

8. The procedure for the application in the single customs territory of measures affecting foreign trade in goods and imposed based on national interests (Article 7) and special types of prohibitions and restrictions on foreign trade in goods (Article 8), including cases of their unilateral application, as well as the procedure for the application of other prohibitions and restrictions on foreign trade, are determined by separate agreements..

Article 10 Exceptions

This Agreement does not apply to the relations of the Parties concerning issues of export control, technical regulation, application of sanitary, veterinary and phytosanitary requirements and measures, as well as special protective, antidumping and countervailing measures.

Article 11 Dispute resolution

Disputes related to the application or interpretation of the provisions of this Agreement are resolved through consultations and negotiations between the Parties, and in case of failure to reach an agreement, they are referred to the Court of the Eurasian Economic Community.

Article 12 Amendments

By agreement of the Parties, amendments may be made to this Agreement, which are formalized in separate protocols.

Article 13 Final provisions

The procedure for entry into force, accession to and withdrawal from this Agreement is determined by the Protocol on the Procedure for Entry into Force of International Treaties aimed at Forming the Legal Framework of the Customs Union, withdrawal from and Accession to them dated October 6, 2007.

Done in Moscow on January 25, 2008, in one original copy in the Russian language.

The original copy of this Agreement is kept in the Integration Committee of the Eurasian Economic Community, which, as the depositary of this Agreement, will send each Party a certified copy of it.

Behind

Government

Republics

Russian

Belarus

Kazakhstan

Federations

I hereby certify that this text is a certified copy of a certified copy of the Agreement on Common Non-Tariff Regulatory Measures for Third Countries, signed on January 25, 2008 in Moscow.

Head of the Department

International Law Department

Ministry of Foreign Affairs

Republic of Kazakhstan

J. Bukhbantaev

President

Republic of Kazakhstan

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