On the Ratification of the Agreement on Ensuring the Free and Equal Right of Individuals to Cross the Borders of the Member States of the Customs Union and their Unhindered Movement of Goods and Currency

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On the Ratification of the Agreement on Ensuring the Free and Equal Right of Individuals to Cross the Borders of the Member States of the Customs Union and their Unhindered Movement of Goods and Currency

The Law of the Republic of Kazakhstan dated December 30, 1999 No. 9-II.

To ratify the Agreement on Ensuring the Free and Equal Right of Individuals to Cross the Borders of the Member States of the Customs Union and their Unhindered Movement of Goods and Currency, concluded in Moscow on November 24, 1998.

President

Republic of Kazakhstan

Agreement on Ensuring the Free and Equal Right of Individuals to Cross the Borders of the Member States of the Customs Union and their Unhindered Movement of Goods and Currency

The footnote. Effective January 24, 2000.

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

guided by the Statement of the Heads of the member States of the Customs Union "On ten simple steps towards meeting ordinary people",

Reaffirming the commitment to the principles of freedom and equal rights of movement of citizens within the common customs border of the Customs Union,

Considering the priority task of eliminating differences in the conditions of movement of goods and currency by individuals permanently residing in the territory of the member States of the Customs Union agreements,

have agreed on the following:

Article 1

This Agreement defines the procedure and conditions:

- free crossing by individuals permanently residing in the member states of the Customs Union (hereinafter referred to as individuals) of the state borders between the member states of the Customs Union;

- movement by individuals across the customs borders between the member states of the Customs Union of goods not intended for production or other commercial activities;

- movement of currency by individuals.

Article 2

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

Article 3

The Parties establish that the basis for the admission of individuals in a priority, simplified manner is the availability of valid documents confirming their permanent residence in the territory of one of the States parties to the agreements on the Customs Union.

The admission of individuals in a priority, simplified manner includes the implementation of border (passport) control (verification of documents), which is carried out in accordance with the national legislation of the participating States.

Article 4

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

Article 5

Goods originating from the member States of the Customs Union are allowed to pass through their internal customs borders without restrictions on weight, quantity, value and declaration in writing, collection of customs duties, taxes and fees, with the exception of customs duties for storage.

The provisions of this article do not apply to goods prohibited or restricted for import/export in accordance with the national laws of the member States of the Customs Union.

Article 6

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

Article 7

The movement of foreign and national currencies of the member States of the Customs Union across their internal customs borders is carried out without restrictions, subject to the provisions of Article 8.

These currencies are moved across the internal customs borders of the member States of the Customs Union without being declared in writing, except in cases where they are declared at the individual's own request.

The movement of national currencies of the States parties to the Customs Union agreements across their external customs borders is carried out in accordance with the procedure established by the national legislation of the State for which the exported currency is the national currency.

Foreign currency exported to third countries in excess of the norm agreed upon in accordance with Article 8 of this Agreement is subject to written declaration in accordance with a single passenger customs declaration form and its export is permitted subject to the provision of one of the following documents:

- a single passenger customs declaration confirming the import of currency into the territory of the state;

- a single form of certificate certificate, which has the appropriate degree of security and is mandatory for use in currency exchange transactions.

Article 8

The Parties agreed that within two months after the entry into force of this Agreement, the national (central) banks of the member States of the Customs Union will establish an agreed standard for the unhindered (without written declaration and provision of certificates) export of foreign currency by individuals to third countries.

Subsequently, the national (central) banks of the States parties to the Customs Union agreements have the right to establish other agreed norms for the export of foreign currency by individuals to third countries.

Each member State of the Customs Union retains the right to establish, in the event of a critical balance of payments situation, a different norm for the maximum export from the customs territory of the state by one individual of the currency of third countries and the currency that is national for the State establishing such a norm.

Article 9

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

Article 10

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

Article 11

Disputes and disagreements arising in the interpretation of this Agreement are resolved through consultations and negotiations, and in the absence of an agreed solution, are submitted for consideration by the Integration Committee.

The Parties may, by mutual agreement, make additions and amendments to this Agreement, which will be formalized in the form of protocols that are an integral part of this Agreement.

Article 12

In order to ensure closer cooperation between the bodies responsible for currency regulation and control, the Parties will hold joint consultations on current issues as necessary, but at least once every six months.

This Agreement does not affect the mutual obligations of the Parties arising from the Agreements on the Customs Union of January 6 and 20, 1995 and the Agreement on the Accession of the Kyrgyz Republic to the Agreements on the Customs Union.

Article 13

This Agreement shall enter into force upon receipt by the depositary of the last notification that the Parties have completed the internal procedures necessary for the entry into force of this Agreement.

Either Party has the right to withdraw from this Agreement by sending a written notification of its intention to the depositary at least six months before withdrawal, having previously settled its obligations assumed in accordance with this Agreement.

Done in Moscow on November 24, 1998, in one original copy in the Russian language.

The original copy of the Agreement is kept in the Integration Committee, which will send a certified copy to each Party.

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President

Republic of Kazakhstan

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