On the ratification of the Agreement on Free Trade between the Government of the Republic of Kazakhstan and the Government of Georgia

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Law of the Republic of Kazakhstan dated June 23, 1999 No. 395

To ratify the Free Trade Agreement between the Government of the Republic of Kazakhstan and the Government of Georgia, signed in Almaty on November 11, 1997.

President of the Republic of Kazakhstan

See Z050078 (Protocol on Amendments and Additions to Agreement between the Government of the Republic Free Trade Agreement between Kazakhstan and the Government of Georgia dated November 11, 1997)

Agreement on Free Trade between the Government of the Republic of Kazakhstan and the Government of Georgia

(Bulletin of International Treaties of the Republic of Kazakhstan, 2000, No. 3, art. 33) (Entered into force on July 16, 1999 - J. "Diplomatic Courier", special issue No. 2, September 2000, p. 171)

The Government of the Republic of Kazakhstan and the Government of Georgia, hereinafter referred to as the Parties, reaffirming their commitment to the free development of mutual economic cooperation, taking into account the existing integration economic ties of the Republic of Kazakhstan and Georgia, recognizing that the free movement of goods and services requires the implementation of mutually agreed measures, reaffirming the commitment of the Republic of Kazakhstan and Georgia to the principles of the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO), have agreed on the following: Article 1

The Parties, guided by the principles of equality, mutual benefit and interest, will develop and expand trade and economic relations between business entities, regardless of their forms of ownership, on the basis of direct economic relations in compliance with the laws in force in the States of the Parties. Each of the Parties refrains from actions capable of causing economic damage to the other Party.

Article 2

1. The Parties shall not apply customs duties, taxes and charges having equivalent effect, with the exception of customs clearance fees, as well as quantitative restrictions on the export and/or import of goods originating from the customs territory of one of the Parties and destined for the customs territory of the other Party. Withdrawals from this trade regime for an agreed range of goods are formalized annually by a Protocol. 2. In accordance with paragraph 1 of this Article, the Parties annually develop and agree on a general list of exemptions from the free trade regime, as well as methods of applying such exemptions. 3. For the purposes of this Agreement and for the period of its validity, goods originating from the customs territories of the States of the Parties are goods established by the Rules for Determining the country of Origin in accordance with international standards.

Article 3

Each Side will not: to directly or indirectly impose internal taxes or fees on goods subject to this Agreement in excess of the relevant taxes or fees levied on similar domestically produced goods or goods originating from third countries; Apply rules different from those applied in similar cases to own goods or goods originating from third countries in relation to warehousing, transshipment, storage, transportation of goods originating from another Party, as well as payments and transfer of payments.

Article 4

The Parties in mutual trade will refrain from applying discriminatory measures, imposing quantitative restrictions or equivalent measures on the export and/or import of goods under this Agreement. The Parties may establish quantitative or other special restrictions unilaterally, but only within reasonable limits and for a strictly defined period. These restrictions should be of an exceptional nature and may be applied only in cases stipulated by the GATT/WTO agreements. The Party applying quantitative restrictions in accordance with this Article should, as far as possible, provide the other Party with full information in advance on the main reasons for the introduction, forms and expected dates of application of the said restrictions, after which consultations are scheduled. The quantitative restrictions mentioned in the first paragraph of this Article may also be established by mutual agreement of the Parties and formalized by Protocol.

Article 5

The Parties will not allow unauthorized re-export of goods for which the other Party, from whose territory these goods originate, applies tariff and/or non-tariff regulatory measures. The Parties exchange lists of goods to which tariff and non-tariff regulation measures are applied. The re-export of such goods to third countries may be carried out only with written consent and under conditions determined by the authorized body of the State that is the country of origin of these goods. In case of non-compliance with these regulations, the Party whose interests have been violated has the right to unilaterally introduce measures to regulate the export of goods to the territory of the state of the other Party that has allowed unauthorized re-export. In case of unauthorized re-export, the Country of origin of the goods may demand compensation for the damage caused and apply sanctions. In this Article, re-export means the export of goods originating from the customs territory of the state of one Party, by the other Party outside the customs territory of its state, for the purpose of export to a third country.

Article 6

All settlements and payments on trade and economic cooperation between the Parties must be carried out in accordance with the interbank Agreement on the organization of settlements between authorized banks of the Parties.

Article 7

The parties will exchange information on a regular basis on laws and other regulations related to economic activities, including trade, investment, taxation, banking and insurance activities, other financial services, transport and customs issues, including customs statistics. The Parties shall immediately inform each other of changes in national legislation that may affect the implementation of this Agreement. The authorized bodies of the Parties will agree on the procedure for the exchange of such information. The provisions of this Article will not apply: be interpreted as obliging the competent authorities of any Party to provide information that cannot be obtained under the law or in the course of the usual administrative practice of one of the Parties; the basis for providing information that would disclose any trade, business, industrial, commercial or professional secrets, or other information, the disclosure of which would be contrary to the state interests of the Party.

Article 8

The Parties recognize unfair business practices as incompatible with the objectives of this Agreement and undertake to prevent, in particular, but not exclusively, the following methods:: agreements between enterprises, decisions taken by associations of enterprises, and general business practices aimed at preventing or restricting competition or violating conditions for it in the territories of the States of the Parties.; actions by which one or more enterprises use their dominant position to restrict competition in all or a significant part of the territory of the States of the Parties.

Article 9

When implementing tariff and non-tariff regulation measures for bilateral economic relations, for the exchange of statistical information, and for customs procedures, the Parties will use a single nine-digit Commodity nomenclature for foreign Economic activity (HS) based on the harmonized commodity description and coding system and the Combined Tariff and Statistical Nomenclature of the European Economic Community. At the same time, for their own needs, the Parties, if necessary, develop the Product Range beyond nine characters. The introduction of a reference copy of the Commodity Nomenclature is carried out on a mutually agreed basis through existing representative offices in relevant international organizations.

Article 10

The Parties agree that respect for the principle of freedom of transit is an essential condition for achieving the objectives of this Agreement and an essential element of the process of their integration into the system of international division of labor and cooperation. In this regard, each Party will ensure unhindered transit through its territory of goods originating from the customs territory of the State of the other Party and/or third countries and destined for the customs territory of the State of the other Party and/or any third country, and will provide exporters, importers or carriers with all available and necessary means and services to ensure transit. conditions are no worse than those in which the same funds and services are provided to their own exporters, importers or exporters., importers or carriers of any third country. The procedure and conditions for the passage of goods through the territory of the States of the Parties are regulated in accordance with international Rules of carriage.

Article 11

This Agreement does not interfere with the right of either Party to take measures generally accepted in international practice that it considers necessary to protect its vital interests, or that are absolutely necessary to comply with international treaties to which it is or intends to become a party, if these measures relate to: national defense interests; trade in arms, ammunition and military equipment; research for industries related to defense needs; supplies of materials and equipment used in the nuclear industry; protection of public morals and public order; protection of industrial or intellectual property; gold, silver or other precious metals and stones; protection of human health and the environment.

Article 12

In order to implement a coordinated export control policy towards third countries, the Parties will hold regular consultations and take mutually agreed measures to create an effective export control system.

Article 13

The provisions of this Agreement replace the provisions of the bilateral agreements concluded earlier between the Parties, to the extent that the latter are either incompatible with the former or identical to them.

Article 14

Disputes between the Parties regarding the interpretation or application of the provisions of this Agreement will be resolved through negotiations. The parties will strive to avoid conflict situations in mutual trade. Each Party will ensure that effective means for the recognition and enforcement of arbitral awards are available on its territory.

Article 15

If necessary, this Agreement may be amended or supplemented by agreement of the Parties.

Article 16

This Agreement shall enter into force from the date of the exchange of notifications on the completion by the Parties of the necessary internal procedures and will remain in force until the expiration of six months from the date when one of the Parties sends a written notification to the other Party of its intention to terminate it. The provisions of this Agreement, after its termination, will apply to contracts between enterprises and organizations of both States concluded but not executed during its validity period, but not more than five years.

Done in Almaty on November 11, 1997, in two original copies, each in the Kazakh, Georgian and Russian languages, all texts being equally authentic. For the purposes of interpreting the provisions of this Agreement, the text in Russian is used.

Protocol on Exemptions from the Free Trade Regime to the Agreement between the Government of the Republic of Kazakhstan and the Government of Georgia on Free Trade dated November 11, 1997

(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - Entered into force on July 16, 1999)

The Plenipotentiary representatives of the Republic of Kazakhstan and Georgia have concluded this Protocol on the following:

Article 1

The exemptions provided for in Article 2 of the Free Trade Agreement between the Government of the Republic of Kazakhstan and the Government of Georgia dated November 11, 1997 apply to goods exported from Georgia to the Republic of Kazakhstan in accordance with Appendix No. 1. The list of goods exported from the Republic of Kazakhstan to Georgia will be determined by the Georgian Side, if necessary.

Article 2

1. With respect to goods subject to exemptions from the free trade regime in accordance with Article 1 of this Protocol, the Parties shall grant each other the most-favored-nation treatment in respect of: - taxes and fees levied on export (in respect of goods listed in Appendix No. 1), including methods of collection of such taxes and fees; - provisions concerning customs clearance of transit, transportation, warehousing, transshipment and other similar services; - payment methods and transfer of payments; - issuance of import licenses; - rules concerning the sale, purchase, transportation, distribution and use of goods on the domestic market. 2. The provisions of paragraph 1 of this Article shall not apply to: - advantages provided by either Party to third countries for the purpose of creating a Customs Union or free trade area, or as a result of the creation of such a union or zone; - advantages provided to developing countries in accordance with the legislation of the Parties; - Advantages provided to neighboring countries in order to facilitate cross-border trade; - advantages provided by the Parties to each other in accordance with special agreements.

Article 3

In mutual trade, the Parties retain the application of non-tariff regulatory measures in accordance with their legislation on licensing and quotas for the export and import of goods (works and services) in force at the time of customs clearance of goods when they are exported / imported to / into the customs territories of the States of the Parties.

Article 4

1. This Protocol is an integral part of the Free Trade Agreement between the Government of the Republic of Kazakhstan and the Government of Georgia dated November 11, 1997 and enters into force simultaneously with the said Agreement. 2. This Protocol is valid for the period until the conclusion of a new Protocol provided for in Article 2 of the Free Trade Agreement between the Government of Georgia and the Government of the Republic of Kazakhstan dated November 11, 1997. Done in Almaty on November 11, 1997, in two original copies, each in Kazakh, Georgian and Russian languages.

Appendix No. 1 to the Protocol on Exemptions from the Free Trade Regime to the Agreement between the Government of the Republic of Kazakhstan and the Government of Georgia dated November 11, 1997.

The list of goods subject to withdrawal from the free trade regime exported from Georgia to the Republic of Kazakhstan

_______________________________________________________________ Product Name ! HS Code ________________________________________!______________________ Alcoholic and non-alcoholic beverages !Group 22, (except !2201, 2202, !2204, 2208 and 2209) ________________________________________!______________________ Tobacco and industrial tobacco substitutes !the group 24 _______________________________________________________________ Sugar !1701 99 100 ________________________________________!______________________

Note: Alcoholic beverages, with the exception of wines and cognacs. The volume of supply and brands of wines and cognacs supplied from Georgia are regulated in accordance with the quotas set annually.

President

Republic of Kazakhstan

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