On the ratification of the Agreement "On the Customs Union" between the Governments of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation

Home / Decree / On the ratification of the Agreement "On the Customs Union" between the Governments of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation

DECREE of the President of the Republic of Kazakhstan dated September 15, 1995 N 2461

I decree: 1. To ratify the Agreement "On the Customs Union" between the Governments of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation, signed in Moscow on January 20, 1995. 2. This Decree shall enter into force from the date of publication.

President

Republic of Kazakhstan

agreement

about the Customs Union *

(Collection of international treaties ratified by the Republic

Kazakhstan, in the field of customs legislation,

ed."Zhety-Jargy", 1998, p. 186)

The Government of the Republic of Belarus and the Government of the Russian Federation, on the one hand, and the Government of the Republic of Kazakhstan, on the other hand, hereinafter referred to as the "Contracting Parties", striving to further develop balanced and mutually beneficial economic relations, expressing their intention to continue the implementation of the Agreement on the Establishment of the Economic Union of September 24, 1993, wishing to begin the formation between them Of the Customs Union, have agreed on the following:

Article 1 The Contracting Parties are forming a single Customs Union, the goals and principles of formation, the mechanism and stages of creation, the functioning of which, as well as the distribution of customs duties, taxes and fees, the conditions for the introduction of time restrictions and customs control are determined by the Agreement on the Customs Union between the Russian Federation and the Republic of Belarus dated January 6, 1995.

Article 2 The Contracting Parties assume in full the rights and obligations arising from the Agreement on the Customs Union between the Russian Federation and the Republic of Belarus of January 6, 1995, with regard to the objectives, principles of operation, mechanisms and stages of the creation of the Customs Union, the distribution of customs duties, taxes and fees, the conditions for the introduction of time restrictions, customs control. At the same time, the regulation of foreign economic activity of the Republic of Kazakhstan will be carried out in accordance with the Agreement between the Government of the Russian Federation and the Government of the Republic of Kazakhstan on the unified Procedure for Regulating Foreign Economic Activity dated January 20, 1995.

Article 3 In order to implement this Agreement, the Contracting Parties will establish the executive body of the Customs Union on the basis of a separate agreement. Prior to the establishment of the executive body of the Customs Union, the Contracting Parties will be guided by the provisions of the Agreement between the Government of the Russian Federation and the Government of the Republic of Belarus dated January 6, 1995. Article 4 The Contracting Parties agreed that the Agreement between the Government of the Russian Federation and the Government of the Republic of Kazakhstan on the Uniform Procedure for Regulating Foreign Economic Activity dated January 20, 1995 and the Protocol on the Introduction of a Free Trade Regime without Exceptions and Restrictions between the Russian Federation and the Republic of Kazakhstan dated January 20, 1995 are integral parts of this Agreement.

Article 5 This Agreement does not affect the right of any Contracting Party to take measures, in accordance with international law and its domestic legislation, necessary to protect State security, public order, public health or morals, the cultural and historical heritage of its peoples, and the protection of rare animals and plants.

Article 6 Disputes and disagreements between the Contracting Parties regarding the interpretation and/or application of the provisions of this Agreement will be resolved through consultations.

Article 7 This Agreement does not affect the operation of other international treaties of the Republic of Belarus, the Russian Federation and the Republic of Kazakhstan, which do not contradict this Agreement.

Article 8 Each Contracting Party may terminate its participation in the Agreement by sending an official written notification to the other Contracting Party of its intention to withdraw from the Agreement 12 months prior to withdrawal.

Article 9 This Agreement is temporarily applied from the date of signing and enters into force from the date of the last notification of the completion in the Republic of Belarus, the Russian Federation and the Republic of Kazakhstan of the internal procedures necessary for its entry into force.

Done in Moscow, January 20, 1995, in one original copy in the Russian language. The original copy is kept in the Archives of the Government of the Russian Federation, which will send a certified copy to each signatory State of this Agreement.

(Signatures)

Agreement between the Government of the Russian Federation and the Government of the Republic of Kazakhstan on the Uniform Regulation of Foreign Economic Activity (Moscow, January 20, 1995) (Informal text)

The Government of the Russian Federation and the Government of the Republic of Kazakhstan, hereinafter referred to as the Parties, in order to implement the Agreement on the Establishment of the Economic Union of September 24, 1993, to form a common economic space, a mechanism for managing foreign economic relations, based on identical legislation and resolving issues ensuring the functioning of the system of regulation of foreign economic activity, striving to create equal conditions for the implementation of foreign economic activity. activities for business entities of both states, Setting the task of forming a single customs territory, guided by the generally recognized norms of international law, we agreed on the following:

Article 1.

When the customs territories of the Russian Federation and the Republic of Kazakhstan are united, a single procedure for regulating foreign economic activity and decision-making is established in the following areas: establishing a trade regime in relations with third countries; tariff regulation in the field of foreign economic activity; non-tariff regulation in the field of foreign economic activity; currency regulation and currency control of foreign economic transactions; the procedure for applying time restrictions in mutual trade and in trade with third countries.

Article 2.

1. With respect to countries with which the Republic of Kazakhstan does not have a trade regime, or those countries where such a regime differs from the trade regime provided to these countries by the Russian Federation, the Parties agreed to apply a single trade regime, including benefits and preferences for developing and least developed countries. In trade with countries with which the Russian Federation and the Republic of Kazakhstan have free trade agreements, uniform exemptions from this regime will be established in respect of these countries. 2. Changes in the trade regime with respect to third countries, as well as the introduction and lifting of temporary restrictions on trade with them, will be carried out by both Sides simultaneously. To this end, the Parties will exchange information and hold consultations in advance.

Article 3.

1. The Russian Federation and the Republic of Kazakhstan undertake obligations to introduce, at the time of unification of their customs territories, uniform customs tariffs, as well as taxes and fees having equivalent effect, with respect to the import and export of goods in both commercial and non-commercial traffic. 2. Customs duties, taxes and charges having equivalent effect levied by the customs authorities on the export of goods shall be transferred to the budget of the State of the Party in whose territory these goods were fully produced. 3. If the goods exported from the territory of the State of one of the Parties are made from raw materials and/or materials originating from the territory of the State of the other Party, customs duties, taxes and charges levied by the customs authorities with equivalent effect are distributed between the States of the Parties in agreed proportions. The Parties shall agree on a separate document listing such goods and the procedure for the distribution and transfer to national budgets of customs duties, taxes and fees specified in this paragraph. 4. Customs duties, taxes and charges having equivalent effect levied by the customs authorities upon importation of goods are fully transferred to the budget of the State of the Party where the recipient of these goods is located. 5. The rates of import and export customs duties, taxes and fees applied in both countries are changed by the Government of the Russian Federation, taking into account the interests of the Republic of Kazakhstan and after consultations with its authorized representatives.

Article 4.

1. The Russian Federation and the Republic of Kazakhstan are introducing a unified procedure for non-tariff regulation of foreign trade based on the unified legislation of the Parties. 2. Uniform lists of licensed and quoted goods, the size of export quotas for goods quoted by the Russian Federation and the Republic of Kazakhstan, as well as the procedure for sale when exported to third countries are established for both states by a joint decision of the Government of the Russian Federation and the Republic of Kazakhstan. Changes in the specified lists and amounts of export quotas are made for both states by the relevant authorities of the Russian Federation, taking into account the interests of the Republic of Kazakhstan after consultations with its authorized representatives. Quotas are brought to enterprises in accordance with the procedure established by each of the Parties. 3. The Parties shall ensure control over the import (export) of quota-based and licensed goods, maintain a database of issued licenses and provide each other with information on the actual volume of their export (import) on a quarterly basis. 4. To ensure control over the import (export) of licensed and quota-based goods, the Parties shall form authorized bodies of the Ministry of Foreign Economic Relations of the Russian Federation in the Republic of Kazakhstan and the Ministry of Industry and Trade of the Republic of Kazakhstan in the Russian Federation at the time of unification of the customs territories of both states. The status of the authorized bodies will be determined by a separate document. Licenses for the import (export) of goods carried out in accordance with paragraph 2 of this Article are issued by the Ministry of Foreign Economic Relations of the Russian Federation and the Ministry of Industry and Trade of the Republic of Kazakhstan. 5. The export from the territory of the Russian Federation and the Republic of Kazakhstan of strategically important raw materials listed in a single list may be carried out by business entities only if they are jointly registered with the Ministry of Foreign Economic Relations of the Russian Federation and the Ministry of Industry and Trade of the Republic of Kazakhstan in accordance with the established procedure.

Article 5.

The parties will introduce a unified procedure for currency regulation and currency control of foreign economic transactions based on the unified legislation of both countries. Changes in the system of currency regulation and currency control of foreign economic transactions will be made by the Parties simultaneously.

Article 6.

All changes in the regulation of foreign economic activity in the areas listed in Articles 1-5 of this Agreement will be carried out simultaneously. In order to avoid the occurrence of conditions giving grounds for the introduction of tariff and non-tariff restrictions in mutual trade, the Parties shall take measures on an ongoing basis to unify the laws of both States. To this end, the Parties will exchange information and hold consultations in advance. If any differences arise or persist in the system of regulation of foreign economic relations or in the legislation of the Russian Federation and the legislation of the Republic of Kazakhstan that harm or may harm the interests of one of the Parties, the Parties will immediately consult in order to eliminate the causes of such a situation. If these reasons are not eliminated within three months of the start of consultations, one of the Parties has the right to take the minimum necessary measures to prevent or eliminate damage, while notifying the other Party. In any case, such measures will be temporary and will be lifted after the elimination of the reasons that caused their application.

Article 7.

1. The Parties shall exercise customs control over the movement of goods between the Russian Federation and the Republic of Kazakhstan, ensuring the passage of goods originating from the territory of both Parties, without any restrictions and the collection of customs duties and taxes after the entry into force of the free trade regime without exceptions and restrictions in accordance with the Protocol on the Introduction of the free Trade regime specified in Article 9 of this Agreement. 2. The Parties may organize joint control over the movement of goods and vehicles. The procedure and organization of such control are regulated by separate agreements between the competent authorities of both Parties. 3. In order to ensure practical measures for the implementation of this Agreement, the Parties will ensure mutual representation at the customs authorities of both States.

Article 8.

Decisions on a uniform procedure for regulating foreign economic activity, including uniform tariffs, taxes and fees, are made based on the economic potential of States. In order to ensure the compatibility of economic systems, achieve the same level of economic liberalization and create equal conditions for business entities, the Parties agreed that they should not apply methods of managing internal economic processes that have actions equivalent to trade restrictions. If such methods are retained, the extent of their use should be minimally necessary and comparable in both States.

Article 9.

An integral part of this Agreement is the Protocol on the Introduction of a free Trade regime without exceptions and Restrictions between the Russian Federation and the Republic of Kazakhstan upon unification of the customs territories of the Russian Federation and the Republic of Kazakhstan.

Article 10.

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.

Done in Moscow on January 20, 1995, in two copies, each in the Russian and Kazakh languages, both texts being equally authentic.

For the Government For the Government

Of the Russian Federation of the Republic of Kazakhstan

Protocol on the Introduction of a Free Trade Regime without Exceptions and Restrictions between the Russian Federation and the Republic of Kazakhstan (Moscow, January 20, 1995)

(Unofficial text)

This Protocol is an integral part of the Agreement between the Government of the Russian Federation and the Government of the Republic of Kazakhstan on a Common Procedure for Regulating Foreign Economic Activity (Moscow, January 20, 1995)

Entered into force from the moment of signing

The Government of the Russian Federation and the Government of the Republic of Kazakhstan, hereinafter referred to as the Parties, have concluded this Protocol on the following:

1. The Parties have agreed to introduce a free trade regime between the Russian Federation and the Republic of Kazakhstan in full, without exceptions and restrictions specified in Article 1 of the Agreement between the Government of the Russian Federation and the Government of the Republic of Kazakhstan on Free Trade dated October 22, 1992, and to terminate the Protocol on Exceptions to this Agreement dated December 24, 1992..

2. The free trade regime specified in paragraph 1 of this Protocol shall be introduced and, accordingly, the Protocol on Exemptions shall be terminated after written notification by the Parties to each other of the completion, within six months from the date of signing this Protocol, of the formation of identical systems for regulating foreign economic activity, the unification of legislation in this area, as well as the establishment of an identical trade regime with third countries and the implementation of other obligations, arising from the Agreement between the Government of the Russian Federation and the Government of the Republic of Kazakhstan on a common procedure for regulating foreign economic activity.

3. This Protocol shall enter into force upon signature. In this case, the Parties will temporarily, but not more than for 6 months, apply the provisions of paragraph 1 of this Protocol from the moment of its signing until their entry into force in accordance with all the provisions of paragraph 2 of this Protocol.

Done in Moscow on January 20, 1995, in two original copies, each in the Russian and Kazakh languages, both texts being equally authentic.

For the Government For the Government of the Russian Federation of the Republic of Kazakhstan

President

Republic of Kazakhstan

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