On the Ratification of the Agreement on the Procedure for the Introduction and Application of Measures Affecting Foreign Trade in Goods in the Single Customs Territory in relation to Third Countries

Home / RLA / On the Ratification of the Agreement on the Procedure for the Introduction and Application of Measures Affecting Foreign Trade in Goods in the Single Customs Territory in relation to Third Countries

The Law of the Republic of Kazakhstan dated November 24, 2009 No. 206-IV.

RCPI's note! The Agreement is terminated in connection with the entry into force of the Treaty on the Eurasian Economic Union, ratified by the Law of the Republic of Kazakhstan dated 14.10.2014 No. 240-V (for the procedure of entry into force, see Article 113).

To ratify the Agreement on the Procedure for the Introduction and Application of Measures Affecting Foreign Trade in Goods in the Single Customs Territory with Respect to Third Countries, signed in Moscow on June 9, 2009.

President

Republic of Kazakhstan

N. Nazarbayev

AGREEMENT on the procedure for the Introduction and Application of Measures affecting Foreign Trade in Goods in the Single Customs Territory in relation to Third countries

The Government of the Republic of Belarus, the Government of the Republic of Kazakhstan and the Government of the Russian Federation, hereinafter referred to as the Parties,

based on the Agreement on the Establishment of a Single Customs Territory and the Formation of the Customs Union of October 6, 2007 and the Agreement on the Customs Union Commission of October 6, 2007,

in order to implement the Agreement on Common Non-Tariff Regulatory Measures for Third Countries of January 25, 2008 and ensure the effective functioning of the Customs Union,

guided by generally recognized principles and norms of international law,

have agreed on the following:

Article 1 General provisions

1. This Agreement defines the procedure for the introduction and application of common non-tariff regulatory measures in the single customs territory in relation to third countries, measures affecting foreign trade in goods and imposed based on the national interests of the States of the Parties, as well as special types of prohibitions and restrictions on foreign trade in goods (hereinafter referred to as regulatory measures).

2. From the date on which the supreme body of the Customs Union grants the Commission of the Customs Union (hereinafter referred to as the Commission) the authority to apply regulatory measures to third countries, regulatory measures are introduced by a decision of the Commission, except for the measures provided for in Articles 8 and 9 of this Agreement.

3. Goods subject to regulatory measures are included in the unified list of goods subject to prohibitions or restrictions on import or export by the member States of the Customs Union within the framework of the Eurasian Economic Community in trade with third countries (hereinafter referred to as the unified list). The unified list is approved by the Commission from the date it is given the appropriate authority to make decisions on the application of regulatory measures.

4. After the Commission makes a decision on the introduction of regulatory measures for a particular type of product, it is included by the Commission in a single list.

Article 2 Adoption of decisions by the Commission on the introduction, application and cancellation of uniform non-tariff regulation measures

1. The Commission shall adopt decisions on the introduction, application and cancellation of uniform non-tariff regulatory measures (hereinafter referred to as non-tariff regulatory measures) in accordance with articles 3-6 of the Agreement on Uniform Non-Tariff Regulatory Measures for Third Countries dated January 25, 2008.

2. The Commission is considering a proposal to introduce non-tariff regulatory measures for a particular type of product on the basis of documents that contain:

the name of the product and its code in accordance with the Unified Commodity Nomenclature of Foreign Economic Activity, approved by the supreme body of the Customs Union;

proposed non-tariff regulatory measures:

export ban;

quantitative restriction of exports and/or imports;

granting the exclusive right to export and/or import;

licensing in the field of foreign trade;

export and/or import monitoring;

validity period of the proposed non-tariff regulation measures (dates of the beginning and end of the measures);

justification of the need to introduce non-tariff regulatory measures in accordance with the provisions of Articles 3-5 of this Agreement.

The proposal may be submitted either on the initiative of the Party(s) or the Commission.

3. The decision on the introduction of non-tariff regulatory measures shall be taken by the Commission no later than 30 days from the date of submission of the proposal by the Party(s).

4. The Commission's decisions on the introduction, application and cancellation of non-tariff regulatory measures are published in accordance with the Rules of Procedure of the Customs Union Commission dated December 12, 2008 and enter into force no later than 45 days from the date of publication.

Article 3 Prohibitions or quantitative restrictions

1. The justification for the need to introduce quantitative restrictions, including a ban on the export of goods, should include:

a) in relation to the export of goods:

information on the volume of production and demand for goods within the Customs Union (in physical and monetary terms), statistical data, financial and economic calculations and other information justifying the volume of goods allowed for export, which will prevent or reduce the critical shortage of this product in the domestic market of the Customs Union, in the cases provided for in Article 3 Agreement on Common Non-tariff Regulatory Measures for Third Countries dated January 25, 2008;

information on the volume of exports of goods from the single customs territory;

b) in relation to the import of goods:

information on the volume of production and sale of goods (in physical and monetary terms), statistical data, financial and economic calculations and other information justifying the need to restrict imports of agricultural goods or aquatic biological resources imported in any form in cases provided for in Article 3 of the Agreement on Common Non-Tariff Regulatory Measures in relation to Third Countries of 25 January 2008;

information on the volume of imports of this product into the single customs territory.

2. When quantitative restrictions are imposed by the Commission on the single customs territory, export and (or) import quotas are applied. Quantitative restrictions apply:

When exporting, it applies only to goods originating from the single customs territory.;

When importing, this applies only to goods originating from third countries.

Quantitative restrictions do not apply to imports of goods from the territory of any third country or exports of goods destined for the territory of any third country, unless such quantitative restrictions apply to imports from all third countries or exports to all third countries. This provision does not prevent the Parties from complying with their obligations under international free trade area agreements.

Goods for which quantitative export restrictions may be imposed must be included in the list of goods that are essential for the internal market of the Customs Union, for which temporary export restrictions or prohibitions may be imposed in exceptional cases (hereinafter referred to as the list of essential goods).

The list of essential goods is approved by the Commission no later than 30 days from the date of transfer to it of authority to apply non-tariff regulatory measures in relation to third countries on the basis of proposals from the Parties.

3. The Commission shall distribute the volume of export and (or) import quotas between the States of the Parties and determine the method of distributing the shares of export and (or) import quotas among participants in the foreign trade activities of the States of the Parties, as well as, if necessary, distribute the volume of import quotas between third countries.

The distribution of export and (or) import quotas between the States of the Parties is carried out by the Commission depending on the tasks that are expected to be solved by introducing quantitative restrictions, taking into account the proposals of the Parties based on the volume of production and (or) consumption of goods in each of the States of the Parties.

4. When making a decision on the application of export and (or) import quotas, the Commission ensures:

establishment of export and/or import quotas (regardless of whether they will be distributed among third countries or not) for a certain period of time;

informing all interested third countries about the amount of the import quota allocated to them, if the import quota is distributed among third countries;

publication of information on the application of export and/or import quotas, their volumes and duration, as well as on the distribution of import quotas between third countries.

5. The distribution of import quotas between third countries, if such a decision is made by the Commission, is carried out, as a rule, by the Commission on the basis of the results of consultations with all significant suppliers from third countries.

In this article, significant suppliers from third countries are understood to mean suppliers who have a share of 5 percent or more in the import of a given product into a single customs territory.

6. If the distribution of import quotas cannot be carried out based on the results of consultations with all significant suppliers from third countries, the decision on the distribution of quotas between third countries should be made by the Commission, taking into account the volume of shipments of goods from these countries during the previous period.

7. The Commission does not establish any conditions or formalities that may prevent any third country from fully using the import quota allocated to it, provided that such goods are delivered during the period of the import quota.

8. The selection of the previous period for the product in respect of which export and (or) import quotas are introduced is carried out by the Commission. At the same time, as a rule, any previous 3 years are taken for such a period, for which information reflecting the actual volumes of exports and (or) imports is available. If it is not possible to select a previous period, export and/or import quotas are allocated based on an estimate of the most likely distribution of actual exports and/or imports.

In this article, the actual volume of exports and (or) imports is understood as the volume of exports and (or) imports in the absence of their restrictions.

9. At the request of any third country interested in the supply of goods, the Commission should consult with that country regarding:

the need to redistribute the established import quota;

changes to the selected previous period;

the need to cancel the conditions, formalities or any other provisions unilaterally established with respect to the distribution of the import quota or its unrestricted use.

10. The distribution of shares of export and (or) import quotas among participants in foreign trade activities is carried out by the Parties using the method determined by the Commission and is based on the equality of participants in foreign trade activities with respect to obtaining shares of export and (or) import quotas and non-discrimination based on the form of ownership, place of registration or market position.

11. Customs clearance of goods within the framework of export and import quotas is carried out in the presence of a license for the export and (or) import of such goods issued by authorized state executive authorities of the States of the Parties.

12. Except in cases of distribution of import quotas between third countries, the Commission should not require that licenses be used for the export (import) of a given product to and/or from any particular country.

13. In connection with the application of export and/or import quotas, the Commission must:

provide, at the request of a third country interested in trading the specified product, information on the procedure for distributing export and (or) import quotas, the mechanism of their distribution among participants in foreign trade activities and the volume of quotas for which licenses have been issued.;

to publish information about the total quantity or value of the goods, the export and/or import of which will be allowed for a certain time in the future, as well as the start and end dates of export and/or import quotas and any changes.

Article 4 Exclusive right to export and (or) import certain types of goods

1. The Commission's decision to impose restrictions on foreign trade activities by granting the exclusive right to export and (or) import certain types of goods is made at the suggestion of the Parties(s).

The justification for the need to introduce the exclusive right to export and (or) import certain types of goods should contain statistical data, financial and economic calculations and other necessary information confirming the expediency of applying this non-tariff regulation measure.

2. The individual types of goods for the export and (or) import of which the exclusive right is granted, as well as the procedure for determining by the Parties the organizations that are granted the exclusive right to export and (or) import certain types of goods, are established by a decision of the Commission.

Participants in foreign trade activities who, on the basis of a decision of the Commission, have been granted the exclusive right by the Parties to export and (or) import certain types of goods, enter into transactions for the export and (or) import of certain types of goods based on the principle of non-discrimination and guided only by commercial considerations, including price, quality, availability of goods, their marketability, and transportation conditions. and other terms of purchase or sale, and provide organizations of the States of other Parties with an adequate opportunity (in accordance with normal business practices) to compete with respect to participation in such purchases or sales.

The list of goods for the export and (or) import of which the exclusive right is granted, as well as the list of organizations that are granted the exclusive right to export and (or) import certain types of goods, are subject to publication in accordance with the decision of the Commission.

3. Goods subject to restrictions by granting the exclusive right to export and/or import are included in a single list.

4. The exclusive right to export and (or) import certain types of goods is carried out on the basis of licenses issued by authorized state executive authorities of the States of the Parties to participants in foreign trade activities designated by the Parties in accordance with the decision of the Commission provided for in paragraph 2 of this Article.

Article 5 Monitoring of exports and/or imports of certain types of goods

1. The Commission's decision to introduce monitoring of exports and/or imports of certain types of goods is taken in order to monitor the dynamics of exports and/or imports of certain types of goods.

The justification for the need to introduce monitoring of exports and (or) imports of certain types of goods is presented both on the initiative of the Party(s) and the Commission. Such justification should contain information about the impossibility of tracking quantitative indicators of exports and (or) imports of certain types of goods and their changes in other ways.

2. The list of individual types of goods for which surveillance is being introduced, as well as its deadlines, are set by the Commission.

Goods subject to surveillance are included in a single list.

3. The export and (or) import of certain types of goods subject to surveillance shall be carried out under permits issued by authorized executive authorities of the States of the Parties.

4. Permits are issued in accordance with the procedure defined by the agreement on licensing rules in the field of foreign trade in goods.

5. The absence of a permit is the basis for refusal of customs clearance of goods.

Article 6 Measures affecting foreign trade in goods and imposed based on the national interests of the States of the Parties

1. Based on the national interests of the States of the Parties and in accordance with Article 7 of the Agreement on Common Non-Tariff Regulatory Measures for Third Countries of January 25, 2008, the Commission, on the proposal of the Party(s), may introduce the following measures affecting foreign trade in goods and not of an economic nature:

prohibition of import and (or) export;

quantitative restriction of import and (or) export;

granting the exclusive right to import and/or export;

permissive import and (or) export procedure;

other regulatory measures.

2. The Commission shall consider the proposal of the Party(s) on the introduction of the measures referred to in paragraph 1 of this Article, based on the national interests of the States of the Parties in respect of a particular type of product, on the basis of documents that contain:

the product name and its code in accordance with the ETH of the Foreign Economic Activity;

proposed measures;

duration of the proposed measures (dates of the beginning and end of the measures, if necessary, the end of the measures may not be specified);

justification of the need to introduce measures, including information confirming the need for their introduction.

3. The decision to introduce the measures referred to in paragraph 1 of this Article shall be taken by the Commission based on the national interests of the Parties no later than 30 days from the date of submission of the proposal of the Party(s).

4. The measures referred to in paragraph 1 of this article shall not be taken or applied in a manner that is a means of arbitrary or unjustified discrimination against third countries, or constitute hidden restrictions on foreign trade in goods.

5. If the Commission does not accept the proposal of the Party(s) on the introduction of the measures referred to in paragraph 1 of this Article, based on the national interests of the States of the Parties (Parties), the Party that submitted the proposal for their introduction may decide to introduce such measures unilaterally, provided for in Articles 8-10 of this Agreement.

Article 7 Special types of prohibitions and restrictions on foreign trade in goods

1. By a decision of the Commission, imports of goods may be limited by regulatory measures, including measures derogating from the provisions of articles 3 and 4 of the Agreement on Common Non-Tariff Regulatory Measures for Third Countries of January 25, 2008, if necessary to protect the external financial situation and maintain balance of payments balance. The Commission considers the proposal of the Party(s) on the introduction of such measures on the basis of documents that contain:

the product name and its code in accordance with the ETH of the Foreign Economic Activity;

proposed measures;

duration of the proposed measures (start and end dates of the measures);

justification of the need to introduce measures.

If the Commission does not accept the proposal of the Party(s) on the introduction of these measures, the Party(s) may decide to introduce such measures unilaterally, as provided for in Articles 8-10 of this Agreement.

2. By the decision of the Commission, foreign trade in goods may be limited to measures necessary for the participation of the member States of the Customs Union within the framework of the Eurasian Economic Community in international sanctions in accordance with the Charter of the United Nations. The Commission introduces such measures based on a decision of the supreme body of the Customs Union.

Article 8 Introduction of measures affecting foreign trade in goods unilaterally

1. The Parties may unilaterally introduce measures affecting foreign trade in goods that are not of an economic nature (hereinafter referred to as temporary measures) if they are aimed at:

respect for public morality and law and order;

ensuring defense and security;

protection of the life or health of citizens, the environment, the life or health of animals and plants;

protection of cultural values and cultural heritage;

intellectual property protection;

preventing the depletion of irreplaceable natural resources;

prevention or reduction of a critical shortage in the domestic market of food or other goods that are essential for the domestic market;

protection of the external financial situation and maintenance of balance of payments balance.

2. The Party introducing temporary measures in accordance with this Agreement, in advance, but no later than 3 calendar days before their introduction, notifies the Commission of their introduction and submits for its consideration a proposal on the application of temporary measures by other Parties.

3. The proposal for the application of interim measures should contain:

the product name and its code in accordance with the ETH of the Foreign Economic Activity;

measures provided for in Article 6 of this Agreement;

information about suppliers of goods, identification features of goods, known methods of transportation, and other information that makes it possible to identify the goods in respect of which it is proposed to introduce temporary measures.;

the date of the beginning of the temporary measures;

justification of the need to apply temporary measures.

The justification should contain:

the legal basis for the introduction of interim measures (name of the regulatory legal act of the Party);

information confirming the need to introduce temporary measures,

information confirming the adverse impact of these goods on the security of the state, the life or health of citizens, the property of individuals or legal entities, state or municipal property, the environment, the life or health of animals and plants - for the introduction of a permissive import and (or) export procedure.;

The quota size is for the introduction of quantitative restrictions on import and (or) export;

the list of participants in foreign trade activities to whom the exclusive right has been granted - in the case of granting the exclusive right to import and (or) export.

4. The Commission shall consider the proposal of the Party(s) no later than 30 days from the date of its submission.

5. Based on the results of consideration of the proposal of the Party(s), the Commission may decide to introduce temporary measures in the single customs territory.

The duration of the interim measures in this case is determined by the decision of the Commission.

6. If no decision has been taken to introduce temporary measures in the single customs territory, the Commission shall inform the Party(s) that introduced the temporary measures and the customs authorities of the States of the Parties that the temporary measures are valid for no more than 6 months from the date of their introduction.

Article 9 Application of temporary measures unilaterally

1. Based on the notification received from the Party on the unilateral introduction of temporary measures, the Commission shall immediately inform the customs authorities of the States of the Parties about the unilateral introduction of temporary measures by one of the Parties. The information also includes:

the name of the regulatory legal act of the Party, in accordance with which temporary measures are introduced;

the product name and its code in accordance with the ETH of the Foreign Economic Activity;

information about suppliers of goods, identification features of goods, known methods of transportation, and other information that allows identifying goods in respect of which temporary measures have been introduced.;

the date of introduction of temporary measures and their validity period.

2. After receiving the information specified in paragraph 1 of this Article, the customs authorities of the States of the Parties shall not allow:

export of goods specified in paragraph 1 of this Article and originating from the customs territory of the State of the Party that unilaterally applied temporary measures without a license issued by the authorized executive authority of the State of the said Party;

the import of goods specified in paragraph 1 of this Article and intended for the State of the Party that unilaterally applied temporary measures, without a license issued by the authorized state executive authority of the State of the said Party. At the same time, the Parties that do not apply temporary measures shall make the necessary efforts aimed at preventing the import of these goods into the territory of the State of the Party that applied temporary measures.

Article 10 Licensing in the field of foreign trade

1. The application of regulatory measures affecting foreign trade in goods included in the unified list, as well as the application of tariff quotas, are implemented, as a rule, through licensing the export and (or) import of goods.

2. Licenses for the export and (or) import of goods are issued on the basis of applications from participants in the foreign trade activities of the States of the Parties.

3. Licenses are issued in accordance with the procedure defined by the agreement on licensing rules in the field of foreign trade in goods.

4. The absence of a license is the basis for refusal of customs clearance of goods.

Article 11 Exceptions

This Agreement does not apply to relations between the Parties concerning export control, military-technical cooperation, technical regulation, application of sanitary, veterinary and phytosanitary requirements and measures, as well as special protective, antidumping and countervailing measures.

Article 12 Transparency in the development of regulatory measures

1. When preparing the Commission's decision on the introduction, application and cancellation of regulatory measures, the Commission invites organizations and individual entrepreneurs of the States of the Parties whose economic interests may be affected by such a decision (interested parties) to submit proposals and comments on this issue to the Commission.

2. The Commission shall decide on the method and form of consultations, as well as on the method and form of communicating information on the progress and results of consultations to interested persons who have submitted their suggestions and comments.

3. If this follows from the international treaties of the States of the Parties, the competent authorities of other States (groups of States) are invited to submit their opinions in the manner prescribed by the provisions of the relevant international treaties of the States of the Parties. Foreign organizations and entrepreneurs are also invited to submit their opinions in the manner prescribed by the provisions of the relevant international treaties of the States of the Parties.

4. The Commission may decide not to hold consultations in accordance with paragraph 2 of this article if any of the following conditions are met::

The measures provided for in the draft decision affecting the right to carry out foreign trade activities should not be known until its entry into force and consultations will or may lead to the failure to achieve the goals provided for in such a decision.;

Consultations will delay the adoption of a decision affecting the right to carry out foreign trade activities, which may lead to significant damage to the interests of the States of the Parties.;

when granting the exclusive right to export and (or) import certain types of goods;

when introducing regulatory measures by a Party(s) unilaterally.

5. Failure to hold consultations may not be the basis for invalidating the Commission's decision affecting the right to carry out foreign trade activities.

Article 13 Dispute resolution

Disputes between the Parties related to the interpretation and/or application of this Agreement are resolved through consultations and negotiations.

If the dispute is not settled by the Parties within 6 months from the date of receipt of an official written request for consultations and negotiations sent by one of the Parties to the other Party, then in the absence of any other agreement between the Parties on the method of dispute resolution, either Party submits this dispute for consideration to the Court of the Eurasian Economic Community.

Article 14 Amendments

By agreement of the Parties, amendments may be made to this Agreement, which are formalized in separate protocols.

Article 15 Final provisions

The procedure for entry into force, accession to and withdrawal from this Agreement is determined by the Protocol on the Procedure for Entry into Force of International Treaties aimed at Forming the Legal Framework of the Customs Union, withdrawal from and Accession to them dated October 6, 2007.

Done in Moscow on June 9, 2009, in one original copy in the Russian language.

The original copy of this Agreement is kept by the depository, which is the Commission.

The Depositary will send each Party a certified copy of this Agreement.

For the Government

Republics

Russian

Belarus

Kazakhstan

Federations

I hereby certify that this text is a complete and authentic copy of the original Agreement on the Procedure for the Introduction and Application of Measures Affecting Foreign Trade in Goods in the Single Customs Territory in Respect of Third Countries dated June 9, 2009, signed on behalf of the Republic of Belarus by Prime Minister of the Republic of Belarus S.S. Sidorsky, on behalf of the Government of the Republic of Kazakhstan by the Prime Minister of the Republic of Kazakhstan.Minister of the Republic of Kazakhstan Masimov K.K., from the Government of the Russian Federation - Chairman of the Government of the Russian Federation Putin V.V.

The original copy is kept in the Integration Committee of the Eurasian Economic Community.

Director

Legal Department

V. Knyazev

President

Republic of Kazakhstan

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