On the ratification of the Protocol on the Unified System of Tariff Preferences of the Customs Union

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The Law of the Republic of Kazakhstan dated November 24, 2009 No. 201-IV.

RCPI's note!  The Protocol shall expire on the date of entry into force of the relevant decision of the Commission in accordance with Article 102 of the Treaty, 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 102).

To ratify the Protocol on the Unified System of Tariff Preferences of the Customs Union, signed in Moscow on December 12, 2008.

President

Republic of Kazakhstan

N. Nazarbayev

PROTOCOL on the Unified System of Tariff Preferences of the Customs Union

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 Common Customs and Tariff Regulation of January 25, 2008,

in order to promote deeper economic integration and fair competition,

guided by generally accepted norms and rules of international trade,

have agreed on the following:

Article 1

 From the date on which the Parties grant the Commission of the Customs Union (hereinafter referred to as the Commission) the authority to establish a Single Customs Tariff, tariff preferences for imports into the customs territories of the States of the Parties or the single customs territory of goods originating and imported from developing and least developed countries are provided exclusively in accordance with this Protocol.

Article 2

The list of developing countries that use the tariff preference system is approved by the Commission.

This list includes countries that are not classified by the World Bank as high-income countries.

A country that is not classified by the World Bank as a high-income country may not be included in the list or excluded from it in the following cases:

achieving a country's income level, defined by the World Bank as high;

The volume of imports from this country of goods from the five largest groups of the Single Commodity Nomenclature of Foreign Economic Activity in the previous two years is equal to or exceeds 75 percent of the total volume of imports of these goods from the countries-users of the system of preferences.;

unfriendly actions of this country, which are understood as repeated violations of the economic interests of the States of the Parties or individuals and (or) legal entities of the States of the Parties, including actions that unreasonably block access to the market of this country for individuals and (or) legal entities of the States of the Parties or otherwise unreasonably discriminate against individuals and (or) legal entities of the States of the Parties. Parties;

serious deficiencies in drug export or transit control;

non-compliance with international anti-money laundering treaties.

Article 3

The list of least developed countries -users of the tariff preferences system is approved by the Commission.

This list includes countries included in the UN list of least developed countries.

Article 4

The list of goods originating and imported from developing and least developed countries, which are subject to tariff preferences, is approved by the Commission. The number of items in the specified list may not exceed 20 percent of the total number of subheadings of the Unified Commodity Nomenclature of Foreign Economic Activity.

If necessary, the Commission approves an additional list of goods originating and imported from least developed countries, which are subject to tariff preferences. The number of items in this list may not exceed 5 percent of the total number of subheadings of the Unified Commodity Nomenclature of Foreign Economic Activity.

Article 5

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

Article 6

 Disputes between the Parties related to the interpretation and (or) application of this Protocol shall be resolved through consultations and negotiations of the Parties concerned, and in case of failure to reach an agreement, the dispute, on the initiative of any of the interested Parties, shall be referred to the Court of the Eurasian Economic Community.

Article 7

 The procedure for entry into force, accession to and withdrawal from this Protocol 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 December 12, 2008, in one original copy in the Russian language.

 The original copy of this Protocol shall be kept by the depositary, which, prior to the transfer of its functions to the Commission, is the Integration Committee of the Eurasian Economic Community.

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

For the Government

Republics

Russian

Belarus

Kazakhstan

Federations

I hereby certify that these texts are complete and authentic copies of the Decision of the Interstate Council of the Eurasian Economic Community (the supreme body of the Customs Union) No. 4 and its annexes, signed on December 12, 2008 in Moscow 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 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

V.S. Knyazev

Legal Department

President

Republic of Kazakhstan

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