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

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Law of the Republic of Kazakhstan dated June 24, 1999 No. 405

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Belarus on Free Trade, signed in Almaty on September 23, 1997.

President of the Republic of Kazakhstan

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

(Bulletin of International Treaties of the Republic of Kazakhstan, 2000, No. 4, Article 38) (Entered into force on July 20, 1999 - J. "Diplomatic Courier", special issue No. 2, September 2000, p. 170) The Government of the Republic of Kazakhstan and the Government of the Republic of Belarus, hereinafter referred to as the Parties, implementing the U952461_ Agreement on the Customs Union dated January 20, 1995, the Agreement on Deepening Integration in the Economic and Humanitarian Fields between the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic and the Russian Federation dated March 29, 1996, striving to develop trade and economic cooperation between the Republic of Kazakhstan and the Republic of Belarus on the basis of equality and mutual benefit, Taking into account the existing integration economic ties between the Republic of Kazakhstan and the Republic of Belarus, and the complementarity of the economies of the two states, striving to form a single economic space providing for the effective functioning of a common market for goods and services, reaffirming the commitment of the Republic of Kazakhstan and the Republic of Belarus to the principles of the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO), have agreed as follows:

 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 form 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 The Parties shall not apply customs duties, taxes and charges having equivalent effect, as well as quantitative restrictions on the import and/or export of goods originating from the customs territory of the State of one Party and destined for the customs territory of the State of the other Party. 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 defined by the Rules for Determining the Country of Origin of Goods dated September 24, 1993, approved by the Decision of the Council of Heads of Government of the Commonwealth of Independent States.

Article 3 Each Party will not: directly or indirectly impose internal taxes or fees on the goods of the other Party subject to this Agreement that exceed the corresponding taxes or fees imposed on similar domestically produced goods or goods originating from third countries.; to introduce any special restrictions or requirements with respect to the import or export of goods subject to this Agreement, which in a similar situation do not apply to similar goods of domestic production 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 the territory of the other Party's State, as well as payments and transfer of payments.

 Article 4 The Parties will refrain from applying 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 can only be applied in cases of acute shortage of this product in the domestic market until the market situation stabilizes.; acute balance of payments deficit - until the balance of payments stabilizes; if any goods imported into the territory of the State of one of the Parties in such increased quantities or under such conditions that harm or threaten to harm domestic producers of similar or directly competing goods; in order to implement the measures provided for in Article 11 of this Agreement. The Party applying the restrictions in accordance with this Article must provide the other Contracting Party in advance with full information on the main reasons for the introduction, forms and expected dates of the application of the said restrictions, after which consultations are scheduled. Decisions taken during consultations are documented accordingly. When choosing measures in accordance with this Article, the Parties will give priority to those that have the least negative impact on achieving the objectives of this Agreement. Article 5 This Agreement does not interfere with the right of either Party to unilaterally 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: protecting human life and health, the environment, protection of animals and plants; protection of public morals and public order; ensuring national security; supporting international efforts to prevent the proliferation of weapons of mass destruction; trade in gold, silver or other precious metals and stones; conservation of irreplaceable natural resources; restrictions on exports of products when the domestic price of these products is lower than the world as a result of government support programs; protection of industrial and intellectual property; protection of artistic, archaeological and historical values that constitute a national treasure; measures applied in wartime or other emergency circumstances in international relations; actions in fulfillment of obligations under the UN Charter to preserve international peace and security; A Party intending to introduce measures in accordance with this Article must, in advance of the application of such measures, except in cases of emergency, provide the other Party with full information on the main reasons for the introduction, forms and expected deadlines for the application of these restrictions, after which consultations are scheduled.

Article 6 All settlements and payments on trade and economic cooperation between the economic entities of the states of the Parties will be carried out on the basis of relevant interbank agreements.

Article 7 The Parties will exchange information on a regular basis on the internal legal regulation of foreign economic relations, including on trade, investment, taxation, banking and insurance activities and other services, on transport and customs issues, including customs statistics related to the Parties. 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 shall not 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; to provide information that would disclose any trade, business, industrial, commercial or professional secret, or trade process, or other information, disclosure 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 and eliminate the following methods: contracts between enterprises, decisions taken by business associations, and general business practices aimed at preventing or restricting competition or violating conditions for it in the territories of the Parties' States.; 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 Union. At the same time, for their own needs, the Parties, if necessary, develop the Product Range beyond nine characters.

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 or any third country, and will provide exporters, importers or carriers with all available and necessary facilities and services on terms not worse, than those where the same facilities and services are provided to their own exporters, importers or carriers 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 The Parties agreed to prevent the re-export of goods for which the Party from the customs territory of the State in which these goods originate applies quota and licensing measures. The re-export of the goods specified in the first part of this Article may be carried out only if there is a duly executed written permit issued by the authorized agency of the Party from whose territory the goods originate. In the event of an uncoordinated re-export of such goods, the State in whose territory they were produced has the right to demand compensation for the damage suffered. In case of non-compliance with these regulations, the Party whose interests of the State have been violated has the right to unilaterally introduce measures to regulate the export of such goods to the territory of the State of the other Party that has allowed uncoordinated re-export. 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 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 Nothing in this Agreement prevents any of the Parties from establishing relations with third countries, fulfilling their obligations in accordance with any other international agreement to which this Party is or may be a party, provided that these relations and obligations do not contradict the provisions and objectives of this Agreement.

Article 15 Each Party, in accordance with its legislation and international obligations, will provide equal legal protection, including judicial protection, of the rights and legitimate interests of the economic entities of the other Party.

 Article 16 Disputes between the Parties regarding the interpretation or application of the provisions of this Agreement will be resolved through negotiations or other means acceptable to the Parties. The parties will strive to avoid conflict situations in mutual trade.

Article 17 If necessary, this Agreement may be amended or supplemented by agreement of the Parties. The specified changes and additions must be made in writing.

Article 18 This Agreement shall enter into force on the date of the last notification that the Parties have completed the necessary internal procedures and will remain in force after six months from the date on which 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 business entities of the States of the Parties concluded but not executed during its validity period, but not more than five years.

Done in Almaty on September 23, 1997, in two original copies, each in the Kazakh, Belarusian and Russian languages, all texts being equally authentic.

For the purposes of interpreting the provisions of this Agreement, the Russian text shall prevail.

For the Government For the Government of the Republic of Kazakhstan of the Republic of Belarus

President

Republic of Kazakhstan

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