On the ratification of the Agreement on International Treaties of the Eurasian Economic Union with Third States, International organizations or International integration associations

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The Law of the Republic of Kazakhstan dated February 11, 2019 No. 225-VI SAM.

To ratify the Agreement on International Treaties of the Eurasian Economic Union with third States, international organizations or international integration associations, signed in Sochi on May 14, 2018.

President Republic of Kazakhstan

N. NAZARBAYEV

AGREEMENT on international treaties of the Eurasian Economic Union with third States, international organizations or international integration associations

The Member States of the Eurasian Economic Union, hereinafter referred to as the Member States,

Based on the provisions of paragraph 2 of Article 6 and article 7 of the Treaty on the Eurasian Economic Union of May 29, 2014,

Reaffirming the desire to further strengthen mutually beneficial and equitable economic cooperation with third countries, international organizations or international integration associations,

Reaffirming their commitment to the universally recognized principles and norms of international law,

have agreed on the following:

Section I General provisions

Article 1

This Agreement defines the procedure for concluding, terminating and suspending international treaties of the Eurasian Economic Union (hereinafter referred to as the Union) with third states, international organizations or international integration associations (hereinafter referred to as the third party), with respect to the subject matter of which the Union is endowed with the necessary competence in accordance with the Treaty on the Eurasian Economic Union of May 29, 2014 and international treaties within the Union (hereinafter referred to as international treaties).

The procedure for interaction between the member States and the Eurasian Economic Commission (hereinafter referred to as the Commission) when concluding international treaties by the Union (hereinafter referred to as the procedure for interaction) is determined by the Council of the Commission.

Section II Proposal for the conclusion of an international treaty

Article 2

1. A proposal to conclude an international treaty may be submitted by a Member State, a member of the Council of the Commission, or a third party.

The Board of the Commission may, in accordance with the established procedure, apply to the members of the Council of the Commission with a request to initiate the issue of concluding an international agreement.

2. The proposal to conclude an international agreement is sent in writing to the Commission.

3. The Chairman of the Board of the Commission shall inform the Governments of the Member States of the receipt of such a proposal within the time period determined in the order of interaction.

4. The Member States shall study the proposal to conclude an international treaty, hold consultations, if necessary, and inform the Commission in writing of their positions within the time limit set in the order of interaction.

Summary information on the positions of the Member States is sent by the Commission to the Member States within the time period determined in the order of interaction.

Article 3

1. If all Member States agree on the expediency of further consideration of the proposal to conclude an international treaty, the Commission shall ensure that the issue is considered within the framework of the relevant advisory bodies to the Board of the Commission and shall conduct a preliminary analysis of the economic feasibility of concluding an international treaty, taking into account the positions of the Member States, information on which is provided in accordance with paragraph 4 of Article 2 of this Agreement.

2. In the absence of agreement from one or more Member States on the expediency of further consideration of a proposal to conclude an international treaty from a third party, the Commission shall inform the third party of the Union's position by sending an appropriate response, previously agreed with the Member States.

3. Based on the results of the activities provided for in paragraph 1 of this article, the Board of the Commission, in accordance with the Rules of Procedure of the Eurasian Economic Commission, ensures the preparation of materials, including an analytical report on the expediency of concluding an international agreement, for consideration by the Commission Council. The materials shall also include (if any) the text of an international treaty or a draft international treaty (translated into the working language of the Union's organs) or its conceptual provisions, with the exception of the case specified in the third paragraph of paragraph 4 of this article.

4. The conceptual provisions of the draft international treaty, as a rule, include provisions concerning the main goals and objectives of concluding an international treaty, the main issues to be resolved in an international treaty.

The preparation of the conceptual provisions of the draft international treaty is carried out by the Commission jointly with the Member States, including on the basis of the results of consultations with a third party (during their implementation).

In the case of consideration of the issue of concluding an international treaty within the meaning of paragraph 8 of article XXIV of the 1994 General Agreement on Tariffs and Trade, the conceptual provisions of the draft international treaty are prepared within the framework of a joint study group to study the feasibility of concluding an international treaty (hereinafter referred to as the joint study group) and submitted for consideration by the Council of the Commission, as specified in paragraph 6 of article 6 this Agreement.

5. The analytical report specified in paragraph 3 of this article must contain:

(a) Information on the expected economic consequences of concluding an international treaty, including information on the possible benefits and risks for Member States associated with concluding such an agreement;

b) information about possible dates for the conclusion of an international agreement;

c) information about the intention of a third party regarding the conclusion of an international agreement.

6. If it is necessary to clarify the information specified in subparagraph "b" of paragraph 5 of this article, the Commission, after agreeing on the said issue within the framework of the relevant advisory body at the Board of the Commission, conducts preliminary consultations with a third party.

Article 4

1. The Council of the Commission, based on the results of consideration of the issue of concluding an international treaty, makes one of the following decisions::

on the establishment of a joint research group in accordance with section III of this Agreement;

on submitting the issue of starting negotiations to the Supreme Eurasian Economic Council (hereinafter referred to as the Supreme Council) and approving the conceptual provisions of the draft international treaty.

2. In case of consideration of the issue of accession to an international treaty, the Council of the Commission shall decide on the implementation by the Member States of the necessary internal procedures for the subsequent adoption by the Supreme Council of the decision referred to in Article 11 of this Agreement, unless otherwise established by a decision of the Council of the Commission.

If it is necessary to consider the issue of accession to an international treaty, sections III and IV of this Agreement shall apply mutatis mutandis to the relevant relations.

Section III Joint Research Group

Article 5

1. If it is necessary to further study the proposal to conclude an international treaty, the Council of the Commission decides to form a joint study group consisting of representatives of the member States and the Commission.

2. When considering a proposal to conclude an international treaty within the meaning of paragraph 8 of article XXIV of the General Agreement on Tariffs and Trade of 1994, a joint research group is formed without fail.

3. Representatives of a third party participate in the work of the joint research group.

4. The dates and format of the meetings and expert consultations of the joint study group shall be agreed upon by the Commission with the Member States and a third party.

Article 6

1. The Joint Research Group established in accordance with paragraph 2 of Article 5 of this Agreement, as part of its work, examines the following issues:

a) the structure of trade in goods with a third party;

b) the main issues to be settled in an international treaty;

c) the possible economic consequences of concluding an international treaty, including the advantages and risks for the economic sectors of each of the Member States;

d) the results of economic and mathematical modeling of the consequences of concluding an international agreement (including taking into account the need to involve experts from outside the joint research group to conduct an appropriate analysis);

e) other issues affecting the decision-making on the expediency of concluding an international treaty.

2. In addition to the issues referred to in paragraph 1 of this article, if there is an interest from Member States and a third party, they may also be studied.:

a) the structure of trade turnover in terms of trade in services with a third party;

b) possible areas of cooperation in the investment sphere;

c) possible additional tasks in the field of trade and economic cooperation that can be solved in the context of trade liberalization.

3. As part of the work of the joint research group, the conceptual provisions of the draft international treaty are being prepared.

4. Before the completion of the work of the joint study group, the draft final report, drawn up in the working language of the joint study group and translated into the working language of the Union's bodies, is sent for consideration by the Member States. The deadline for consideration of the draft final report by the Member States is determined by the order of interaction.

5. The completion of the work of the joint study group is considered to be the coordination of the final report with the Member States and a third party.

6. The final report (in addition to the materials specified in paragraph 3 of Article 3 of this Agreement), in accordance with the procedure provided for in the Rules of Procedure of the Eurasian Economic Commission, is submitted for consideration by the Council of the Commission in order to make a decision on submitting a proposal to conclude an international agreement for consideration by the Supreme Council.

Section IV Negotiations

Article 7

1. Negotiations with a third party on the conclusion of an international agreement (hereinafter referred to as negotiations) are conducted on the basis of a decision of the Supreme Council.

2. Negotiations are conducted by a negotiating delegation, which includes representatives of the Member States and the Commission (hereinafter referred to as the negotiating delegation), in accordance with directives approved by the Commission Council.

3. The draft directives for negotiations are developed taking into account the conceptual provisions of the draft international treaty jointly by the Commission and the Member States on the basis of the decision of the Supreme Council on the start of negotiations and are considered within the framework of the relevant advisory body under the Board of the Commission.

Article 8

1. The Council of the Commission appoints the head of the negotiating delegation responsible for conducting negotiations on behalf of the Union, and also approves the composition of the delegation to participate in the negotiations or determines the procedure for its formation.

2. Each of the Member States determines the head of the relevant national part of the negotiating delegation.

Article 9

1. The head of the negotiating delegation shall coordinate in writing with the Member States draft documents containing the negotiating position of the negotiating delegation, transmitted to a third party.

The relevant draft documents are coordinated by the Member States within the time period determined in the order of interaction.

Materials received by the Commission from a third party are sent to the Member States within the time period determined in the order of interaction.

2. If necessary, additional coordination (in order to develop a negotiating position) can be carried out within the framework of consultations between the member States organized on the Commission's site, as well as within the framework of meetings of the relevant advisory bodies under the Board of the Commission.

The negotiation position of the negotiating delegation is developed in accordance with the order of interaction.

If it is impossible to agree on the negotiating position of the negotiating delegation within the framework of these consultations, the relevant issue is submitted to the Commission Council for consideration.

3. During the rounds of negotiations, the negotiating delegation acts exclusively within the framework of the directives and the negotiating position of the negotiating delegation agreed upon by the Member States.

The head of the negotiating delegation officially puts forward initiatives on behalf of the negotiating delegation and formally coordinates the proposals of the third party, provisionally approved by the Member States.

The head of the negotiating delegation coordinates the activities of the experts coordinating the work of the negotiating groups, including in order to comply with the negotiating position of the negotiating delegation agreed with the Member States.

4. Following the results of each round of negotiations, the head of the negotiating delegation shall send to the Member States and the Commission, within the time period determined in the order of interaction, a report on the progress of negotiations and the results of work on the draft international treaty, a draft international treaty prepared based on the results of the last round of negotiations, as well as, if necessary, other materials at the request of the Member States.

5. Within the time period determined in the order of interaction, the Member States shall send proposals to the Commission based on the results of the study of the materials specified in paragraph 4 of this article.

6. The draft international agreement prepared as a result of the negotiations in the language(s) in which it was agreed with a third party, accompanied by a translation into the working language of the Union's bodies, is sent by the Commission to the Member States for internal coordination.

At the request of a Member State, or if the legislation of a Member State provides that the internal approval of a draft international treaty is carried out in the official language of the Member State, or if an international treaty is signed in the official languages of all Member States, the draft international treaty is sent by the Commission for its internal approval with a translation attached. into the official languages of such Member States.

7. Based on the results of the internal coordination, the draft international agreement is finalized, agreed with a third party and, with a translation into the working language of the Union's bodies, sent to the Member States for carrying out the internal procedures necessary for its signing and subsequent submission for consideration by the Supreme Council.

8. If an international treaty is signed in the official languages of all Member States, the Member States shall ensure that the translation of the draft international treaty into the appropriate official language is finalized in accordance with the second paragraph of paragraph 6 of this article and sent to the Commission no later than information on the results of the internal procedures necessary for signing the international treaty.

The Commission, no later than 5 calendar days from the date of receipt from each of the Member States and a third party of translations of the draft international treaty into the relevant official language, sends these translations to other Member States.

Section V Signing of an international agreement

Article 10

1. The signing of an international treaty on behalf of the Union is carried out on the basis of a decision of the Supreme Council after the Member States have completed the relevant domestic procedures in relation to the draft international treaty.

2. The signing of an international treaty is carried out by the Member States and the Union, except for the case when the Supreme Council decides on a different format for signing an international treaty.

3. When deciding on the signing of an international treaty, the Supreme Council determines the person of the Union's body authorized to sign an international treaty on behalf of the Union in the part referred to the competence of the Union.

4. A draft international treaty approved by the Supreme Council for signature by a person of the Union body authorized to sign an international treaty on behalf of the Union may not be amended, except for technical changes.

Article 11

The decision on expressing the Union's consent to be bound by an international treaty or on its intention not to become a party to a signed international treaty is taken by the Supreme Council after all Member States have completed the necessary internal procedures.

Article 12

1. Unless otherwise provided by an international agreement, the Commission shall inform a third party of the Union's consent to be bound by an international agreement within a period not exceeding 10 calendar days from the date of entry into force of the decision of the Supreme Council referred to in article 11 of this Agreement by sending a notification signed by the Chairman of the Board of the Commission or a person acting in his place, or depositing the relevant document.

2. Upon the Union's accession to an international treaty, a document certifying the Union's consent to be bound by the international treaty shall be deposited with the depositary of such international treaty, unless otherwise provided by the international treaty itself. The signing of such a document on behalf of the Union is carried out by the Chairman of the Board of the Commission.

3. The Commission, no later than 10 calendar days from the date of receipt from a third party of notification of its completion of the internal procedures necessary for the entry into force of an international treaty, shall inform the Member States thereof.

The Commission also notifies the Member States of the date of entry into force of the international treaty.

Article 13

1. When signing an international treaty and/or expressing consent to be bound by an international treaty, the Union may make a reservation, unless otherwise provided for by the provisions of the international treaty itself or other applicable norms of international law.

2. The decision on the reservation on behalf of the Union is made by the Supreme Council simultaneously with the decision on signing and (or) expressing the consent of the Union to be bound by an international treaty.

3. Unless otherwise provided by an international treaty, reservations on behalf of the Union may be withdrawn at any time. The withdrawal of reservations on behalf of the Union is carried out on the basis of a decision of the Supreme Council.

4. Acceptance by the Union of a reservation to an international treaty made by a third party or the Union's objection to it is carried out on the basis of a decision of the Supreme Council in accordance with the provisions of the international treaty itself and other applicable norms of international law.

Article 14

1. International treaties in respect of which the Union has agreed to be bound, information on the entry into force, termination of an international treaty, withdrawal of the Union from an international treaty or suspension of its operation shall be subject to official publication on the official website of the Union.

2. The publication of international treaties in the Member States is carried out in accordance with the procedure provided for by the legislation of the Member States.

3. The date of publication of the international treaty on the official website of the Union is considered the date of its official publication within the Union.

Article 15

1. The Union's position on the interpretation of the provisions of an international treaty is formed jointly by all Member States with the assistance of the Commission.

2. In the event of disagreements between the Member States when forming the Union's position on the interpretation of the provisions of an international treaty, the differences are resolved through consultations and negotiations.

Article 16

1. Termination of an international treaty, withdrawal of the Union from an international treaty or suspension of its operation shall be carried out in accordance with the provisions of the international treaty itself and other applicable norms of international law.

2. A proposal on revocation of the Union's consent to be bound by an international treaty, termination of an international treaty, withdrawal of the Union from an international treaty or suspension of its operation is submitted to the Commission addressed to the Chairman of the Board of the Commission by the member State or a member of the Council of the Commission.

3. Information on the receipt of a proposal to revoke the Union's consent to be bound by an international treaty, terminate an international treaty, withdraw the Union from an international treaty or suspend its operation shall be sent by the Commission to the Member States.

4. After considering a proposal to revoke the Union's consent to be bound by an international treaty, terminate an international treaty, withdraw from an international treaty, or suspend its operation, the Member States shall inform the Commission of their positions within the time period specified in the procedure for interaction.

5. If all Member States support a proposal to revoke the Union's consent to be bound by an international treaty, terminate an international treaty, withdraw from an international treaty, or suspend its operation, this proposal is submitted for consideration by the Commission Council in accordance with the procedure established by the Rules of Procedure of the Eurasian Economic Commission (with an appendix to the materials considered by the Commission Council, analytical information on the grounds, procedure, possibility and consequences of revoking the Union's consent to be bound by an international treaty, termination of an international agreement, withdrawal of the Union from an international agreement or suspension of its operation, copies of the international agreement and other materials).

Prior to consideration by the Council of the Commission of a proposal on termination of an international treaty, withdrawal of the Union from an international treaty or suspension of its operation, the Board of the Commission, together with the member States, has the right, if necessary, to discuss with a third party the procedure, procedures, consequences and other issues related to termination of an international treaty, withdrawal of the Union from an international treaty or suspension of its operation.

6. Consideration by the Supreme Council of the issue of revocation of the Union's consent to be bound by an international treaty, termination of an international treaty, withdrawal of the Union from an international treaty or suspension of its operation shall be carried out after the Member States have carried out the necessary internal procedures.

7. The decision on revocation of the Union's consent to be bound by an international treaty, termination of an international treaty, withdrawal of the Union from an international treaty or suspension of its operation, as well as on the resumption of a suspended international treaty, is taken by the Supreme Council after all Member States have completed the necessary internal procedures.

Notification of the decision taken by the Supreme Council shall be sent to a third party in accordance with the procedure provided for in Article 12 of this Agreement.

Article 17

In the event of a breach by a third party of obligations under an international treaty, the Board of the Commission or the Member States may submit proposals for action in accordance with the provisions of the international treaty and international law for consideration by the Council of the Commission.

Article 18

The original of the international agreement shall be deposited with the Commission within a period not exceeding 10 calendar days from the date of signing the international agreement.

Certified copies of an international treaty shall be sent by the Commission to the Member States within a period not exceeding 10 calendar days from the date of signing the international treaty or receipt of certified copies from the depositary of the international treaty (in case of accession to the international treaty).

The translation of an international treaty into the working language of the Union's organs (if it is not the language of an international treaty) is carried out by the Commission, agreed with the Member States and sent to the Member States simultaneously with a certified copy of the international treaty.

Translation of the text of the international treaty into the working language of the Union's bodies provided for in paragraph 3 of Article 3, translation of the draft international treaty provided for in paragraphs 6 and 7 of Article 9 of this Agreement, translation of the draft international treaty into the official languages of the Member States provided for in paragraph 6 of Article 9 of this Agreement, as well as translation of the draft final report of the joint research group into The working language of the Union's bodies provided for in paragraph 4 of Article 6 of this Agreement shall be implemented by the Commission in accordance with the procedure determined by the Council of the Commission.

Article 19

The Commission performs the functions of a depositary of multilateral international treaties, if, in accordance with these international treaties, such functions are assigned to the Union.

The original of the international agreement is kept by the Commission.

Section VI Final provisions

Article 20

Disputes related to the application of this Agreement are resolved in accordance with the procedure established by the Treaty on the Eurasian Economic Union of May 29, 2014.

Article 21

This Agreement is an international agreement concluded within the framework of the Union and is included in the law of the Union.

Article 22

Reservations to this Agreement are not allowed.

Article 23

This Agreement may be amended, which are formalized by a separate protocol, are an integral part of this Agreement and enter into force in accordance with the procedure provided for in Article 24 of this Agreement.

Article 24

This Agreement is subject to ratification and shall enter into force on the date of receipt by the depositary through diplomatic channels of the last written notification of its ratification by the Member States.

Done in Sochi on May 14, 2018, in one original copy in Russian.

The original copy of this Agreement shall be kept at the Eurasian Economic Commission, which, as the depositary of this Agreement, will send each member State a certified copy thereof.

For the Republic of Armenia

For the Republic of Belarus

For the Republic of Kazakhstan

For the Kyrgyz Republic

For the Russian Federation

I hereby certify that this text is a complete and authentic copy of the Agreement on International Treaties of the Eurasian Economic Union with Third States, International Organizations or International Integration Associations, signed on May 14, 2018 in Sochi.:

for the Republic of Armenia - by Prime Minister of the Republic of Armenia Nikol Pashinyan;

for the Republic of Belarus - by the President of the Republic of Belarus A. G. Lukashenko;

for the Republic of Kazakhstan - by the President of the Republic of Kazakhstan N. A. Nazarbayev;

for the Kyrgyz Republic - President of the Kyrgyz Republic S.Sh. Jeenbekov;

for the Russian Federation - by the President of the Russian Federation, Vladimir Putin.

The original copy is kept at the Eurasian Economic Commission.

Director of the Legal Department Of the Eurasian Economic Commission

V. I. Taraskin

President

Republic of Kazakhstan

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