On the Ratification of the Protocol on the Procedure for Providing Information, including Confidential Information, to the Investigating authority for the Purposes of Investigations Preceding the Introduction of Special Protective, anti-dumping and Countervailing Measures against Third Countries
Law of the Republic of Kazakhstan dated July 8, 2011 No. 460-IV
RCPI's note! The Protocol 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 Protocol on the Procedure for Providing Information, including Confidential Information, to the Investigating authority for the Purposes of Investigations Preceding the Introduction of Special Protective, Anti-dumping and Countervailing Measures against Third Countries, concluded in St. Petersburg on November 19, 2010.
President of the Republic of Kazakhstan N. Nazarbayev
PROTOCOL on the procedure for providing the investigating authority with information, including confidential information, for the purposes of investigations preceding the introduction of special protective, anti-dumping and countervailing measures against third countries
The Governments of the member States of the Customs Union within the framework of the Eurasian Economic Community, hereinafter referred to as the Parties, based on the Agreement on the Customs Code of the Customs Union of November 27, 2009 and The Protocol to it dated April 16, 2010, the Agreement on the Application of Special Protective, Antidumping and Countervailing Measures against Third Countries dated January 25, 2008, other agreements and documents constituting the contractual and legal framework of the Customs Union in the field of regulation of foreign trade activities, in order to ensure the authority, conducting investigations prior to the introduction of special protective, anti-dumping and countervailing measures against third countries, with information, including confidential information, from authorized state authorities (management), territorial (local) state authorities (management), and other bodies of the member States of the Customs Union have agreed as follows:
Article 1
The body conducting investigations preceding the application of a special protective, anti-dumping or countervailing measure in relation to third countries (hereinafter referred to as - body conducting investigations), for the purpose of initiating and conducting investigations, objectively analyzing the impact of increased, dumped, subsidized imports on the economic sector of the member States of the Customs Union and the situation on the commodity market of the member States of the Customs Union, as well as preparing proposals based on the results of investigations, sends relevant requests to government authorities (management) and territorial (local) state authorities (administrations) of the member states of the Customs Union, authorized in the field of customs affairs, statistics, taxation, registration of legal entities and other areas, as well as to the diplomatic and trade missions of the member States of the Customs Union in third countries (hereinafter referred to as the competent authorities of the member States of the Customs Union) or to the authorized bodies of the member States of the Customs Union, determined by the decision of the Commission of the Customs Union.
Article 2
Requests to the competent authorities and authorized bodies of the member States of the Customs Union for the provision of information are made in writing on the letterhead of the body conducting the investigation and signed by the head (his deputy) of the body conducting the investigation, indicating the purpose, legal grounds and deadline for the provision of information. Requests to the competent authorities and authorized bodies of the member States of the Customs Union are sent by mail and, if necessary, are duplicated via official e-mail registered on the server of the body conducting the investigation. If requests are sent by fax, the original document must also be sent by mail. Information on the requests of the body conducting the investigation is provided by the competent authorities and authorized bodies of the member States of the Customs Union free of charge.
Article 3
The competent authorities and authorized bodies of the member States of the Customs Union, within their competence, provide the requesting body conducting the investigation with the information necessary for the purposes of the investigation on the requested time periods, including: statistical data on foreign trade; customs data on foreign trade for the previous period, necessary for conducting an investigation. If necessary, customs data on foreign trade should be provided broken down by customs declarations (hereinafter referred to as TD), indicating the physical and cost indicators of the export/import of goods, the commercial name of the goods from TD, the terms of delivery, the country of origin (country of departure, country of destination), the name and other accounting details of the sender and recipient.; information on the domestic market of the goods being investigated and the relevant economic sector of the member States of the Customs Union, including data on the volume of production of goods, capacity utilization, sales of goods, cost of goods, profits and losses of national enterprises of the member States of the Customs Union, prices of goods on the domestic market of the member States of the Customs Union, profitability of production, number of staff, investments; information on the assessment of the consequences of the possible introduction or non-introduction of special protective, anti-dumping or countervailing measures based on the results of the relevant investigation into the market of the goods being the subject of investigation in the member States of the Customs Union, as well as a forecast of the production activities of national enterprises of the member States of the Customs Union. The list of information provided in this article is not exhaustive. If necessary, and based on the purposes of conducting an investigation and preparing proposals on its results, the body conducting the investigation has the right to request information not specified in this article. Information should be presented on electronic media. When transmitting information that can be presented in tabular form (statistical and customs information), the format specified in the request of the investigating authority is used. The structure of the transmitted tables is determined by agreement of the exchanging authorities. If it is not possible to provide information on electronic media, the information is transmitted on paper. The transfer of information is carried out by means agreed upon between the exchanging authorities, which are available at the time of transfer and ensure the safety and protection of information from unauthorized access. If information is sent by fax, the original document must also be sent by mail. Correspondence on the implementation of the provisions of this Protocol and the provision of information at the request of the investigating authority shall be carried out in Russian. According to certain details (indicators) containing foreign names, it is allowed to provide information using letters of the Latin alphabet.
Article 4
Information classified by the legislation of a member State of the Customs Union as information with limited access (confidential information), with the exception of information constituting a state secret (state secrets), is provided to the investigating authority in compliance with the requirements established by the legislation of the member State of the Customs Union for its protection. The investigating authority is obliged not to disclose or transfer to a third party the confidential information specified in the first part of this article without the written consent of the competent authority of the member State of the Customs Union that provided this information. The internal procedure for using confidential information and storing documents containing confidential information is determined by an internal document of the investigating authority. Until the end of the transition period, in accordance with Decision No. 37 of the Inter-State Council of the Eurasian Economic Community (the Supreme Body of the Customs Union) dated May 21, 2010, the procedure for handling confidential information and the rules for storing documents containing confidential information, as well as the responsibility of employees of the investigating authority for disclosing confidential information, are determined by the legislation of the member States of the Customs Union. After the end of the transition period, the procedure for handling confidential information and the rules for storing documents containing confidential information, as well as the responsibility of employees of the investigating authority for disclosing confidential information, are determined separately.
Article 5
The competent authorities of the member States of the Customs Union are obliged to: within 30 calendar days from the date of receipt of the request from the investigating authority, provide the information at their disposal or warn them about the impossibility of providing information, indicating the reasons for refusal. At the reasoned request of the investigating authority, the requested information should be provided as soon as possible; ensure the completeness and reliability of the information provided and, if necessary, promptly provide additions and changes.
Article 6
Disputes between the Parties related to the interpretation and/or application of the provisions of this Protocol are resolved primarily through consultations and negotiations. If the dispute is not resolved by the Parties through consultations and negotiations, either Party may refer the dispute to the Court of the Eurasian Economic Community for consideration.
Article 7
By agreement of the Parties, amendments may be made to this Protocol, which are formalized in separate protocols.
Article 8
This Protocol is temporarily applied from the date of signature, is subject to ratification and enters into force from the date of receipt by the depositary of the last written notification through diplomatic channels on the implementation by the member States of the Customs Union of the internal procedures necessary for the entry into force of this Protocol.
Done in St. Petersburg on November 19, 2010, in one original copy in Russian. The original copy of this Protocol is kept in The Commission of the Customs Union, which, as the depositary of this Protocol, will send each Party a certified copy thereof.
For the Government For the Government For the Government of the Republic of Belarus of the Republic of Kazakhstan of the Russian Federation
I hereby certify that this text is a complete and authentic copy of the Protocol on the Procedure for Providing Information, including Confidential Information, to the Investigating Authority for the Purposes of Investigations Preceding the Introduction of Special Protective, Anti-dumping and Countervailing Measures against Third Countries, signed on November 19, 2010 in St. Petersburg: for The Government of the Republic of Belarus - by the Prime Minister of the Republic of Belarus S.S. Sidorsky, for the Government of the Republic of Kazakhstan - by the Prime Minister of the Republic of Kazakhstan K.K. Masimov, for the Government of the Russian Federation - Chairman of the Government of the Russian Federation V.V. Putin. The original copy is kept in the Commission of the Customs Union.
Director of the Legal Department of the Commission's Secretariat Customs Union N.B. Slyusar
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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