On the ratification of the Agreement on Free Trade between the Government of the Republic of Kazakhstan and the Government of the Republic of Moldova
Decree of the President of the Republic of Kazakhstan dated August 8, 1995 N 2406
In accordance with Article 2 of the Law of the Republic of Kazakhstan dated December 10, 1993 Z933600_ "On the temporary delegation of additional powers to the President of the Republic of Kazakhstan and heads of local administrations", I decree: 1. To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Moldova on free trade, signed in Minsk on May 26, 1995. 2. This Decree shall enter into force from the date of publication.
President of the Republic of Kazakhstan
application
Agreement between the Government of the Republic of Kazakhstan and By the Government of the Republic of Moldova on free trade*
(Bulletin of International Treaties, Agreements and Individual Legislative Acts of the Republic of Kazakhstan, 1997, No. 3, art. 45)
The Government of the Republic of Kazakhstan and the Government of the Republic of Moldova, hereinafter referred to as the Parties, striving to develop trade and economic cooperation between the Republic of Kazakhstan and the Republic of Moldova on the basis of equality and mutual benefit, guided by the Agreement on the Establishment of a free trade zone dated August 15, 1994, signed by the heads of the CIS member States, expressing their determination to promote harmonious development and growth world trade, the removal of barriers to its development, agreed on the following:
Article 1 1. The Parties shall not apply customs duties having equivalent effects on the export 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 the agreed range of goods will be formalized annually by a separate Protocol. 2. For the purposes of this Agreement and for the period of its validity, goods originating from the customs territories of the Parties are understood to mean goods: a) fully produced in the territory of the Parties; or b) processed on the territory of the Parties using raw materials, materials and components originating from third countries, and therefore changed their affiliation according to the classification of the Harmonized Commodity Description and Coding System, according to at least one of the first four characters; c) produced using the raw materials specified in subparagraph "b" and components. The detailed rules of origin of the goods will be agreed upon by the Parties in a separate document, which the Parties will instruct authorized organizations to prepare.
Article 2 The Parties will not: - directly or indirectly impose internal taxes or fees on goods subject to this Agreement that exceed the relevant taxes and fees levied on similar domestically produced goods or goods originating froArticle 2 The Parties will not: - directly or indirectly impose internal taxes or fees on goods subject to this Agreement that exche relevant taxes and fees levied on similar domestically produced goods or goods originating from third countries; - to introduce any special restrictions and 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; - to apply with respect to war- to introduce any special restrictions and 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 giginating from third countries; - to apply with respect to warehousing, transshipment, storage, transportation of goods originating from another Party, and Also, the rules for payments and transfer of payments are different from those that apply in similar cases to own goods or goods originating from third countries.
Article 3 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 restrictions unilaterally, but only within reasonable limits and for a strictly defined period. These restrictions should be of an exceptional nature and can only beArticle 3 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 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 an acute shortage of this product on the domestic market and an acute deficit in the balance of payments. The Party applying quantitative restrictions in accordance with this Article should, as far as possible in advance, 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. The introduction of quantitative restrictions in accordance with this article is formalized by a separate protocol.
Article 4 All settlements and payments on trade and economic cooperation between the economic entities of the Parties will be carried out in accordance with the agreement between the authorized banks of the Parties.
Article 5 Each Party will not allow the re-export of goods for which the other Party, from whose territory these goods originate, applies tariff and/or non-tariff regulatory measures. The re-export ofArticle 5 Each Party will not allow the re-export of goods for which the other Party, from whose territory these goods originate, applies tariff and/or non-tariff regulatory measures. The re-export of such goods to third countries may be carried out only with written consent and under conditions determined by the authorized agency of the country of origin of these goods. In case of non-compliance with these regulations, the interested Party has the right, after prior consultations with the other Party, to unilaterally introduce se regulations, the interested Party has the right, after prior consultations with the other Party, to unilaterally introduce measures to regulate the export of such goods to the territory of the other Party that has allowed uncoordinated re-export. Re-export means the export of goods originating from the customs territory of one Party by the other Party outside its customs territory, in order to export to a third country.
Article 6 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 and other financial services, transport and customs issues, including customs statistics. The Parties will promptly inform each other about 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.
Article 7
Article 7 The Parties will strive to bring closer the levels of customs duties applied in trade with third countries, and for this purpose agreed to hold regular consultations. The Parties will inform each other about the current customs tariffs and all exceptions to them.
Article 8 The Parties recognize that unfair business practices are incompatArticle 8 The Parties recognize that unfair business practices are incompatible with the objectives of this Agreement and undertake to prevent and eliminate the following, in particular, its methods: - contracts between enterprises, decisions taken by their associations, and general business practices aimed at preventing or restricting competition or violating the conditions for it in the territories of the Parties; - actions, through which one or more enterprises use their dominant position, limiting competition in all or a significant part of the territories 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 agreed to use a single nine-digit Commodity Nomenclature for Foreign Economic Activity Article 9 When implementing tariff and non-tariff regulation measures for bilateral economic relations, for the exchange of statistical information, and fo procedures, the Parties agreed to use a single nine-digit Commodity Nomenclature for Foreign Economic Activity (FEA) 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 the own needs of their states, the Parties, if necessary, develop the Commodity Nomenclature beyond the nine charactehe same time, for the own needs of their states, the Parties, if necessary, develop the Commodity Nomenclature beyond the 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 other Party or third countries and destined for the customs territory of the other Party or third country, and will provide exporters, importers or carriers carrying out such transit with the means and services available and necessary to ensure transit on the terms, including, financial resources are no worse than those on which the same funds and services are provided to exporters, importers, and national carriers of any third country. The Parties will not require payment for warehousing, transshipment, storage and transportation of goods in the currency of any third country.
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 comply with international treaties to which it is or intends to become a party, if these measures relate to: information affecting the interests of national defense; trade in weapons, ammunition and military equipment; research or production related to defense needs supplies of materials and equipment used in the nuclear industry; protection of public morals and public order; protection of industrial and intellectual property; trade in gold, silver or other precious metals and stones; protection of human life and health.
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 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 the Parties from establishing relations with States that are not parties to this Agreement, as well as with their associations and international organizations that do not contradict the goals and conditions of this Agreement.
Article 15
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. The Parties determine that claims and disputes between economic entities of both countries, as a result of the interpretation or execution of commercial contracts or transactions, in cases where it is impossible to resolve them amicably through consultations and negotiations, and, unless otherwise agreed, will be the exclusive competence of arbitration courts (permanent or "ad hoc") established on the basis of the territories of the Parties or on the territory of third States, which will be determined by the Signatories of the contract. The latter can also determine the applicable substantive law, rules and procedures, as well as the location of the hearing. Each Party shall ensure that effective means for the recognition and enforcement of arbitral awards are available on its territory. Article 16 In order to achieve the objectives of this Agreement and develop recommendations for improving trade and economic cooperation between the two States, the Parties agreed to establish a joint Moldovan-Kazakh commission, which, at the request of one of the Parties, will meet in the Republic of Moldova and the Republic of Kazakhstan.
Article 17
This Agreement shall enter into force on the date of receipt of the last written notification that the Parties have completed the internal procedures provided for by their national legislation. This Agreement is concluded for a period of five years and will be automatically extended for the next five years, unless either Party notifies the other Party in writing within six months of its intention to terminate it.
Done on May 26, 1995, in two original copies, each in the Kazakh, Moldovan and Russian languages, all texts being equally authentic. In case of disagreement between the Parties on the text of this Agreement, the Parties will be guided by the text of the Agreement in Russian.
(Signatures)
Protocol on exemptions from the Free Trade Regime to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Moldova on Free Trade dated May 26, 1995
The Government of the Republic of Kazakhstan and the Government of the Republic of Moldova have concluded this Protocol on the following:
Article 1 The exemptions provided for in Article 1 of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Moldova on Free Trade dated May 26, 1995 apply to: 1. Export of goods subject to the legislation of the Republic of Kazakhstan on the procedure for export and import of goods operating at the time of customs clearance of goods, in particular: - goods, the export of which is carried out on the basis of registration of contracts; - goods exported under licenses based on the permission of the Cabinet of Ministers of the Republic of Kazakhstan; - strategically important resources. 2. Goods subject to the Moldovan legislation on the export tariff, as well as legislation on licensing and quotas for the export of goods (works, services) in force at the time of customs clearance of goods when they are exported from the Republic of Moldova to the Republic of Kazakhstan.
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 with respect to: - customs duties, taxes and charges levied on export, including methods of levying such duties, taxes and charges; - provisions concerning customs clearance of transit, transportation, warehousing, transshipment and other similar services; - payment methods and transfer of payments; - issuance of export 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 any of the Parties to third countries for the purpose of establishing a customs union or free trade area or as a result of the establishment 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 trading; - advantages provided by the Parties to each other in accordance with special agreements.
Article 3 The Parties have agreed to re-export goods subject to exemptions from the free trade regime in accordance with Article 1 of this Protocol to third countries only with written consent and under conditions determined by the authorized body of the State that is the country of origin of these goods. The re-export of goods in the specified annexes must be carried out on the basis of a permit issued by the authorized body of the Republic of Kazakhstan and the Republic of Moldova.
Article 4 1. This Protocol is an integral part of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Moldova on Free Trade dated May 26, 1995 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 1 of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Moldova on Free Trade dated May 26, 1995.
Done on May 26, 1995, in two original copies, each in Kazakh, Moldovan and Russian languages.
Appendix No. 1
The list of goods re-exported on the basis of the permission of the authorized body of the Republic of Kazakhstan
Product Name HS Code
Medicinal plant raw materials 1211
Coke, pitch and baking coke 2704 (except 27040090),2708
Crude oil and its refined products, 2709,271000330,271000350,
including gas condensate 271000510,271000690,
271000790,271000990,
271000210,271000650,2713,
271000550,271000610,
271000110,2707109,
270740,270760100-270760900
Natural gas 2711210,271112110,271113900
Pharmaceutical and Medical 2936,2939,2940-2942,
products 3001-3006,9018-9020
Saiga Antlers 050790
Non-ferrous metals, raw materials 2603,2604,2606-2609,
for their production 7401-7403,7604,7801,
7901,8104
Precious metals and stones 2843.7101-7103.7106.7108,
7110,7113
Alumina 281820000
Chromium ore 2610
Ores and concentrates 2616
precious metals
Ferroalloys 7202 (except 720299)
Waste and scrap of ferrous metals and 7204,7404,7802,7902,
Non-ferrous metals 7503,7602,8002,8109109,
8113001,730210900,860719910
Waste and scrap of precious metals 7112
Rare metals, rare earths, 2611-2615,
raw materials for their production, 28045, 2805.2825,
alloys, compounds and products, 282619000,2841, 2844,
radioactive chemical elements 2845,2846,7110,71122,
8103,8106,8108,8109,
8112,8113,840130,840140
Armament, military and nuclear 8401 (except 840130, 840140),
machinery, special components 8526 (military only)
products for their production, 8710,8802 (except 880211100,8802120100
works and services in the field of 880220100, 8802230100,
Military-technical cooperation 880240100), 8803 (except
880310100,880320100,
880330100,8803900100),
8805 (except 880520100)
8906001, 90131,90132, 90138,
9014 (military only),
9301, 9302, 9303,
9305 (only for combat weapons),
9306 (except 93061, 9306291,
9306292,9306294,93063091,
93063093)
Narcotic and psychotropic substances According to the list defined by
drugs, poisons by the Cabinet of Ministers of the Republic
Kazakhstan
Raw materials of the hunting industry According to the list defined by
By the Cabinet of Ministers of the Republic
Kazakhstan
Selected types of raw materials, According to the list defined by
equipment, technology and the Cabinet of Ministers of the Republic
scientific and technical information, Kazakhstan
used in the creation of weapons
and military equipment
Nuclear materials, equipment and
technologies (dual-use),
which have a peaceful meaning,
but they can be used when
creation of rocket, chemical
and other types of weapons of mass destruction
destruction, as well as damaging
harm to the environment and health
population
Rare and endangered wild animals According to the list defined by
and birds, wild plants, by the Cabinet of Ministers of the Republic
bones of fossil animals Kazakhstan
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