On the Ratification of the Protocol to the Partnership and Cooperation Agreement Establishing Partnership between the Republic of Kazakhstan, on the one hand, and the European Communities and their Member States, on the other hand, taking into account the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the European Union

Law of the Republic of Kazakhstan dated June 28, 2005 No. 65

     To ratify the Protocol to the Partnership and Cooperation Agreement establishing partnership between the Republic of Kazakhstan, on the one hand, and the European Communities and their member States, on the other hand, taking into account the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, Accession of the Republic of Slovenia and the Slovak Republic to the European Union, signed in Brussels on April 30, 2004.  

     President of the Republic of Kazakhstan  

  PROTOCOL to the Partnership and Cooperation Agreement establishing partnership between the Republic of Kazakhstan, on the one hand, and the European Communities and their Member States, on the other hand, taking into account   accession of the Czech Republic, the Republic of Estonia,   Republic of Cyprus, Republic of Latvia, Republic of Lithuania, Republic of Hungary, Republic of   Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union  

     Republic of Kazakhstan            

     on the one hand,  

     and  

     Kingdom of Belgium,  

     Czech Republic,  

     Kingdom of Denmark,  

     Federal Republic of Germany,  

     Republic of Estonia,  

     The Hellenic Republic,  

     Kingdom of Spain,  

     The French Republic,  

     Irish,  

     The Italian Republic,  

     Republic of Cyprus,  

     The Republic of Latvia,  

     The Republic of Lithuania,  

     Grand Duchy of Luxembourg,  

     The Republic of Hungary,  

     The Republic of Malta,  

     Kingdom of the Netherlands,  

     The Republic of Austria,  

     Republic of Poland,  

     Portuguese Republic,  

     Republic of Slovenia,  

     Slovak Republic,  

     Republic of Finland,  

     Kingdom of Sweden,  

     United Kingdom of Great Britain and Northern Ireland  

     hereinafter referred to as the "Member States" represented by the Council of the European Union, and  

     The European Community and the European Atomic Energy Community,  

     hereinafter referred to as the "Communities" represented by the Council of the European Union and the European Commission,  

     on the other hand,  

     Taking into account the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union on May 1, 2004,  

     We have agreed on the following:  

        Article 1  

     The Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia become Parties Partnership and Cooperation Agreement establishing partnership between the Republic of Kazakhstan, on the one hand, and the European Communities and their member States, on the other hand, signed in Brussels on January 23, 1995 (hereinafter referred to as the "Agreement") and, accordingly, they will take note of and approve, in the same way as other Member States of the Community, the texts of the Agreement and the documents attached thereto.  

  Article 2  

     Taking into account recent institutional changes in the European Union, the Parties agree that, upon the expiration of the Treaty Establishing the European Coal and Steel Community, the existing provisions in the Agreement relating to the European Coal and Steel Community will be considered as relating to the European Community, which has inherited all the rights and obligations of the European Coal and Steel Community. Steel.  

  Article 3  

     This Protocol will be an integral part of the Agreement.  

  Article 4  

     1. This Protocol will be approved by the Republic of Kazakhstan and the Communities, the Council of the European Union on behalf of the Member States in accordance with their procedures.  

       2. The Parties will notify each other of the completion of the relevant procedures mentioned in the previous paragraph. The approval instruments will be kept at the General Secretariat of the Council of the European Union.  

  Article 5  

     1. This Protocol will enter into force on the same day as the 2003 Treaty of Accession, provided that all instruments of approval of this Protocol are deposited before that date.  

       2. If not all the instruments of approval are deposited before that date, this Protocol will enter into force on the first day of the first month following the date of deposit of the last instrument of approval.  

       3. If not all the instruments of approval of this Protocol are deposited before May 1, 2004, this Protocol will be temporarily applied starting from May 1, 2004.  

  Article 6  

     The texts of the Agreement, the Final Act and all documents attached to them are written in Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Slovenian and Slovak.  

       These texts are attached to this Protocol and will have the same authenticity as texts in other languages in which the Agreement, the Final Act and the documents that are annexes to them are drawn up.  

  Article 7  

     This Protocol is drawn up in two copies in Kazakh, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovenian, Slovak, Spanish and Swedish, each of these texts is equally authentic.  

     Done in .............. ..... ........... 2004 year  

     For the Republic of Kazakhstan... for the Member States...        For the European Communities...  

     Unofficial translation  

        PARTNERSHIP AND COOPERATION AGREEMENT BETWEEN THE REPUBLIC OF KAZAKHSTAN, ON THE ONE HAND, AND THE EUROPEAN COMMUNITIES AND THEIR MEMBER STATES, ON THE OTHER HAND (Brussels, January 23, 1995)  

     Ratified in accordance with the Law of the Republic of Kazakhstan dated May 26, 1997 No. 113-I. Entered into force on July 1, 1999.  

Section I. General principles (articles 2-3)  

Section II. Political dialogue (articles 4-7)  

Section III. Trade in goods (articles 8-18)  

Section IV. Provisions affecting business and investment (articles 19 to 42)  

Chapter I. Working conditions (articles 19-22)  

Chapter II. Conditions concerning the establishment and operation of Companies (articles 23-29)  

Chapter III. Cross-border provision of services between the Republic of Kazakhstan and the Community (articles 34-40)  

Chapter IV. General provisions (articles 30-33)  

Chapter V. Current payments and capital (article 41)  

Chapter VI. Protection of intellectual, industrial and commercial property (article 42)  

Section V. Legislative cooperation (article 43)  

Section VI. Economic cooperation (articles 44-70)  

Section VII. Cultural cooperation (article 71)  

Section VIII. Financial cooperation (articles 72-75)  

Section IX. Institutional, general and final provisions (articles 76-100)  

     Annex I. Indicative list of benefits provided by the Republic of Kazakhstan to Independent States in accordance with art.         Annex II. Community reservations under article 23, paragraph 1 (b)         Annex III. Convention for the Protection of Intellectual, Industrial and Commercial Property Rights (IPR) (article 42)         Protocol on Mutual Assistance between Administrative Authorities in Customs Matters Final Act

     REPUBLIC OF KAZAKHSTAN,  

     on the one hand, and  

     KINGDOM OF BELGIUM,  

     KINGDOM OF DENMARK,  

     FEDERAL REPUBLIC OF GERMANY,  

     THE HELLENIC REPUBLIC,  

     KINGDOM OF SPAIN,  

     THE FRENCH REPUBLIC,  

     irish,  

     THE ITALIAN REPUBLIC,  

     GRAND DUCHY OF LUXEMBOURG,  

     KINGDOM OF THE NETHERLANDS,  

     THE REPUBLIC OF AUSTRIA,  

     PORTUGUESE REPUBLIC,  

     REPUBLIC OF FINLAND,  

     KINGDOM OF SWEDEN,  

     UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,  

       the Contracting Parties to the Treaty Establishing the European Community, the Treaty Establishing the European Coal and Steel Community, and the Treaty Establishing the European Atomic Energy Community, hereinafter referred to as the "Member States", and  

     EUROPEAN COMMUNITY, EUROPEAN COAL AND STEEL COMMUNITY, EUROPEAN ATOMIC ENERGY COMMUNITY,  

       hereinafter referred to as the "Community",  

       on the other hand,  

       TAKING INTO ACCOUNT the existing ties between the Republic of Kazakhstan and the Community, its Member States and their shared values,  

       RECOGNIZING that the Republic of Kazakhstan and the Community strive to strengthen these ties and establish partnerships and cooperation that would strengthen the relations established in the past, in particular within the framework of the Agreement on Trade, Commercial and Economic Cooperation between the Union of Soviet Socialist Republics and the European Economic Community and the European Atomic Energy Community, signed on December 18, 1989 G.,  

BEARING IN MIND the commitments of the Republic of Kazakhstan and the Community and its Member States to strengthen the political and economic freedoms that form the very foundation of this partnership,  

       BEARING IN MIND the determination of the Parties to promote peace and security throughout the world, as well as the peaceful resolution of conflicts, and to cooperate to this end within the framework of the United Nations and the Conference on Security and Cooperation in Europe,  

       TAKING INTO ACCOUNT the firm determination of the Republic of Kazakhstan and the Community and its Member States to achieve the full implementation of all the principles and provisions contained in the Final Act of the Conference on Security and Co-operation in Europe (CSCE), the Final Documents adopted at subsequent meetings in Madrid and Vienna, the document of the Bonn Conference of the CSCE on Economic Cooperation, the Charter of Paris for New Europe and the 1992 CSCE Helsinki Document "Challenges of Change",  

       REAFFIRMING the commitment of the Republic of Kazakhstan and the Community and its Member States to the European Energy Charter,  

       BASED ON the CONVICTION of the paramount importance of the rule of law and respect for human rights, especially the rights of minorities, the establishment of a multiparty system with free and democratic elections and economic liberalization aimed at creating a market economy,  

       CONFIDENT that the full implementation of the Partnership and Cooperation Agreement will simultaneously depend on the contribution to the continuation and degree of implementation of political, economic and legal reforms in the Republic of Kazakhstan, as well as the creation of factors necessary for cooperation, in particular in the light of the conclusions of the CSCE Bonn Conference,  

       DESIRING to facilitate the process of cooperation in the areas covered by this Agreement with neighboring countries in order to promote the well-being and stability of the region,  

       STRIVING to establish and develop a regular political dialogue on bilateral and international issues of mutual interest,  

       CONSIDERING the desire of the Community to ensure economic cooperation and appropriate technical assistance,  

       TAKING INTO ACCOUNT the economic and social differences between the Republic of Kazakhstan and the Community,  

       RECOGNIZING that one of the main objectives of this agreement should be to eliminate these differences through Community assistance to the development and restructuring of the Kazakh economy,  

       TAKING INTO ACCOUNT the usefulness of this Agreement in creating favorable conditions for the gradual rapprochement between the Republic of Kazakhstan and the broader sphere of cooperation in Europe and neighboring regions and its deeper integration into an open international system,  

       CONSIDERING the determination of the Parties to liberalize trade based on the principles contained in the General Agreement on Tariffs and Trade (GATT),  

       REALIZING the need to improve the conditions affecting entrepreneurship, investment and conditions in areas such as company creation, workforce, service provision and capital movement: and striving to move towards providing national treatment to each other's companies,  

       BASED ON the BELIEF that this Agreement will create a new climate for economic relations between the Parties, and especially for the development of trade and investment, which are the basis for economic restructuring and technological modernization.,  

       STRIVING to establish close cooperation in the field of environmental protection, taking into account the interdependence existing between the parties in this field,  

       STRIVING to establish close cooperation in the field of energy and nuclear safety,  

       TAKING INTO ACCOUNT the intention of the Parties to develop cooperation in the field of space research, from the point of view of complementarity of their activities in this field,  

       IN an EFFORT to establish cultural cooperation and improve the exchange of information, we have agreed on the following:  

  Article 1  

     A partnership is hereby established between the Republic of Kazakhstan, on the one hand, and the Community and its Member States, on the other hand. The objectives of this partnership are to:  

       - to provide appropriate conditions for political dialogue between the Parties, contributing to the development of political relations;  

       - to promote trade, investment and harmonious economic relations between the Parties, thereby contributing to their sustainable economic development;  

       - to create a basis for legal, economic, social, financial, scientific, technological and cultural cooperation;  

       - To support Kazakhstan's efforts to strengthen democracy in the republic and develop its economy in order to complete the transition to a market economy.  

SECTION I GENERAL PRINCIPLES  Article 2  

     Respect for democracy, the principles of international law and human rights, as defined, in particular, in the Charter of the United Nations, the Helsinki Final Act and the Charter of Paris for a New Europe, as well as the principles of a market economy, including those formulated in the documents of the CSCE Bonn Conference, are the basis of the domestic and foreign policies of the Parties and form an essential element of partnership and this Agreement.  

  Article 3  

     The Parties believe that in order to achieve future prosperity and stability in the region of the former Soviet Union, the newly independent States that arose as a result of the collapse of the Union of Soviet Socialist Republics, hereinafter referred to as "Independent States", should maintain and develop cooperation among themselves in accordance with the principles of the Helsinki Final Act, the norms of international law and in the spirit of good neighborliness and They will make every effort to facilitate this process.  

  SECTION II POLITICAL DIALOGUE  Article 4  

     A regular political dialogue is being established between the Parties, which they intend to develop and deepen. It is designed to accompany and strengthen the process of rapprochement between the Republic of Kazakhstan and the Community, support the political and economic changes taking place in the Republic, and promote the creation of new forms of cooperation.  

       Political dialogue:  

       - strengthen ties between the Republic of Kazakhstan and the Community and its Member States, and thus with the community of democratic nations as a whole. The economic convergence achieved by this Agreement will lead to closer political relations.;  

       - it will cause an increasing convergence of positions on international issues of mutual concern, thereby increasing security and stability.  

  Article 5  

     The political dialogue at the ministerial level will be conducted within the framework of the Cooperation Council established in accordance with Article 76 of this Agreement, and in other cases, by mutual agreement.  

  Article 6  

     Other procedures and mechanisms for conducting a political dialogue should be established by the Parties and, in particular, in the following forms::  

       - Regular meetings at the level of senior officials between representatives of the Republic of Kazakhstan, on the one hand, and the Community and its Member States, on the other hand;  

       - Making full use of diplomatic channels between the Parties, including relevant bilateral contacts, as well as multilateral meetings within the framework of the United Nations, the CSCE, etc.;  

       - any other means, including expert meetings, that would help strengthen and develop this dialogue.  

  Article 7  

     The political dialogue at the parliamentary level will take place within the framework of the Parliamentary Cooperation Committee established in accordance with article 81.  

  SECTION III   TRADE IN GOODS  Article 8  

     1. The Parties shall grant each other the most-favored-nation treatment in all areas with respect to:  

       - customs duties and charges imposed on imported and exported goods, including the manner in which such duties and charges are levied;  

       - Provisions related to customs clearance, transit, warehouses and transshipment;  

       - taxes and other internal charges of any kind, which are directly or indirectly levied on imported goods;  

       - payment methods and transfer of such payments;  

       - rules concerning the sale, purchase, transportation, distribution and use of goods on the domestic market.  

       2. The provisions of paragraph 1 shall not apply to:  

       (a) advantages provided for the purpose of establishing a customs union or free trade area or as a result of the establishment of such a union or zone;  

       (b) benefits provided to individual countries in accordance with the General Agreement on Tariffs and Trade and other international agreements in favor of developing countries;  

       (c) advantages provided to neighboring countries in order to facilitate cross-border trade.  

       3. The provisions of paragraph 1 shall not apply during the transitional period expiring on the date of Kazakhstan's accession to the GATT or on December 31, 1998, whichever is earlier, in relation to the advantages defined in Annex 1 provided by the Republic of Kazakhstan to other States that arose as a result of the collapse of the Soviet Union.  

  Article 9  

     1. The Parties agree that the principle of free transit is the main condition for achieving the objectives of this Agreement.  

       In this regard, each Party will ensure unlimited transit to (or through) its territory of goods produced in the customs territory or destined for the customs territory of the other Party.  

       2. The rules described in Article 5, paragraphs 2, 3, 4 and 5 of the GATT apply between the two Parties.  

3. The rules contained in this Article shall not prejudice any special rules relating to certain industries, in particular, such as transport or products as agreed between the Parties.  

  Article 10  

     Without prejudice to the rights and obligations arising from international conventions on the temporary importation of goods by which both Parties are bound, each Party will, in addition, grant the other Party exemption from import duties and taxes on temporarily imported goods, in those cases and in accordance with the procedures provided for by any other international convention related to this with them, in accordance with its legislation, the conditions on the basis of which the obligations arising from such a convention will be taken into account., decisions have been taken by the relevant Party on this issue.  

  Article 11  

     1. Goods originating from the Republic of Kazakhstan are imported into the Community freely without quantitative restrictions and without prejudice to the provisions of Articles 13, 16 and 17 of this Agreement and the provisions of Articles 77, 81, 244, 249 and 280 of the Acts on the Accession of Spain and Portugal to the European Community.  

       2. Goods originating from the Community are imported into Kazakhstan freely, without quantitative restrictions and measures of equivalent impact, without prejudice to the provisions of Articles 13, 16 and 17 of this Agreement.  

  Article 12  

     Goods are traded between the Parties at prices determined by the market.  

  Article 13  

     1. If any product is imported into the territory of one of the Parties in such increased quantities and under such conditions that harm or threaten to harm local producers of similar or directly competing goods, the Republic of Kazakhstan or the Community, depending on whose interests are affected, may take appropriate measures in accordance with the following procedures and conditions.  

       2. Before taking any measures or, in cases to which paragraph 4 applies, as soon as possible thereafter, the Republic of Kazakhstan or the Community, as appropriate, will provide the Cooperation Council with all necessary information in order to find a solution acceptable to both Parties, in accordance with section IX. If, as a result of these consultations, the Parties do not reach an agreement within 30 days from the date of contacting the Cooperation Council on actions to resolve the situation. The Party that requested consultations will have the right to restrict the import of the relevant goods to the extent and for the period required to prevent or eliminate damage, or to take other appropriate measures.  

       4. In critical circumstances, where delay may lead to irreparable damage, the Parties may take measures before consultations are held, provided that consultations are requested immediately after such measures are implemented.  

       5. When choosing the measures stipulated in this Article, the Contracting Parties will give preference to those that cause the least damage to the achievement of the objectives of this Agreement.  

       6. Nothing in this Agreement shall prejudice or in any way affect the adoption by any Party of anti-dumping or countervailing measures in accordance with Article VI of the GATT, the Agreement on the Application of Article VI of the GATT, the Agreement on the Application and Interpretation of Articles VI, XVI and XXIII of the GATT or relevant domestic legislation.  

  Article 14  

     The Parties undertake to consider the possibility of changing the provisions of this Agreement concerning trade in goods between them, as far as circumstances permit, including the situation arising as a result of the accession of the Republic of Kazakhstan to the GATT. The Cooperation Council may make recommendations to the Parties regarding such changes, which may be put into effect, where appropriate, through an agreement between the Parties, in accordance with the procedures in force for each of them.  

  Article 15  

     The Agreement does not exclude prohibitions or restrictions on imported, exported or transit goods justified from the point of view of public morality, public order or public safety; protection of health and life of people, animals and plants; protection of natural resources; protection of national artistic, historical and archaeological values or protection of intellectual, industrial and commercial property or regulations, concerning gold and silver. Such prohibitions or restrictions should not, however, be a means of intentionally discriminating or covertly restricting trade between the Parties.  

  Article 16  

     Section III does not apply to trade in textile products falling under chapters 50 to 63 of the Combined Nomenclature. Trade in these goods will be regulated by a separate agreement, initialed on October 15, 1993 and conditionally applicable from January 1, 1993.  

  Article 17  

     1. Trade in goods covered by the Treaty Establishing the European Coal and Steel Community will be governed by the provisions of this Section, with the exception of Article II and, as soon as they enter into force, by the provisions of the ECSC Quantitative Arrangements Agreement on the Exchange of Steel Products.  

       2. A contact group on coal and steel issues will be established, consisting of representatives of the Republic of Kazakhstan, on the one hand, and representatives of the Community, on the other. The Contact Group will regularly exchange information on all issues related to coal and steel of interest to the Parties.  

  Article 18  

     Trade in nuclear materials will be regulated by the provisions of a special agreement to be concluded between the European Atomic Energy Community and the Republic of Kazakhstan.  

 SECTION IV PROVISIONS AFFECTING BUSINESS AND INVESTMENT Chapter I Working conditions  

  Article 19  

     1. When applying the laws, conditions and procedures in force in each of the Member States, the Community and the Member States will strive to ensure that citizens of the Republic of Kazakhstan legally working in the territory of the Member States are provided with a regime free from discrimination on the basis of nationality in terms of working conditions and remuneration. or dismissals, as well as their own citizens.  

       2. Subject to the laws, conditions and procedures in force in the Republic of Kazakhstan, the Republic of Kazakhstan will strive to ensure that citizens of the Member States legally working in the territory of the Republic of Kazakhstan are provided with a regime free from discrimination on the basis of nationality in terms of working conditions, remuneration or dismissal, compared to with their own citizens.  

  Article 20  

     The Cooperation Council will examine what joint actions can be taken to control illegal immigration, taking into account the principle and practice of granting the right of re-entry.  

  Article 21  

     The Cooperation Council will consider what improvements can be made regarding the working conditions of entrepreneurs, in accordance with the international obligations of the Parties, including those contained in the document of the Bonn Conference of the CSCE.  

  Article 22  

     The Cooperation Council will make recommendations on the application of Articles 19, 20 and 21.  

  Chapter II Conditions concerning the establishment and operation of companies  

  Article 23  

     1. a) The Community and its Member States will provide for the establishment of Kazakhstani companies in their territories a regime no less favorable than that provided to companies of any third country, and in accordance with their legislation and regulations.  

       b) Without prejudice to the exceptions listed in Annex II, the Community and its Member States will grant subsidiaries of Kazakhstani companies established in their territories treatment no less favourable than that accorded to any Community company with respect to its activities, and in accordance with its laws and regulations.  

       c) The Community and its Member States will provide branches of Kazakhstani companies established on their territory with a regime no less favorable than that provided to Branches of companies in any third country with respect to their activities and in accordance with their legislation and regulations.  

       2. Without prejudice to the provisions of Articles 34 and 85, the Republic of Kazakhstan will grant Community companies and their subsidiaries treatment no less favourable than that accorded to companies of the Republic of Kazakhstan and their Subsidiaries or companies of any third country and their subsidiaries, whichever is better, with respect to their establishment and activities, as defined in article 25, on its territory and in accordance with the legislation and regulations.  

  Article 24  

     1. The provisions of Article 23 shall not apply to air transport, inland waterway transport and maritime transport.  

       2. Nevertheless, with regard to the activities undertaken by transport agencies to provide international maritime transport services, including domestic transportation by sea, each Party authorizes the companies of the other Party to have their commercial presence on its territory in the form of subsidiaries or branches under conditions of establishment or activity no less favorable than those provided to its own companies or subsidiaries. companies or branches of companies from any third country, whichever is better. Such activities include, but are not limited to, how:  

a) the marketing and sale of maritime transport and related services carried out through direct contact with customers, from price offers to billing, are provided or offered by the service provider itself or by service providers with whom the service providers have ongoing business agreements;  

       b) purchase and use at their own expense or on behalf of clients (and resell to their clients) any transportation and related services, including domestic transportation services of any kind, especially inland waterways, highways and railways, necessary for the supply of integrated services;  

       c) preparation of documentation concerning transport, customs documents or other documents related to the origin and nature of the transported goods;  

       d) provision of business information by any means, including computerized information systems and electronic data exchange (not subject to any non-discriminatory restrictions related to telecommunications);  

       e) the conclusion of any business agreement, including participation in the capital of companies and the appointment of locally recruited personnel (or in relation to foreign personnel, in accordance with the relevant provisions of this Agreement) with any local transport agency;  

       f) actions on behalf of companies organizing ship visits or acceptance of additional cargoes, if necessary.  

  Article 25  

     For the purposes of this Agreement:  

       1. (a) "Kazakh Company" or "Community Company" means, respectively, a company established in accordance with the legislation of the Republic of Kazakhstan or, respectively, a Member State, and having its registered office or central office or main unit in the territory of the Republic of Kazakhstan or the Community, respectively. However, if a company established in accordance with the laws of the Republic of Kazakhstan or, respectively, a Member State, has only its registered office in the territory of the Republic of Kazakhstan or, respectively, the Community, then this company is considered a Kazakh company or, respectively, a Community company if its functioning is actually and permanently connected with the economy of the Republic of Kazakhstan or one of the Member States, respectively.  

       b) "Subsidiary" means a company that is actually controlled by the parent company;  

       c) A "branch" of a company means a separate subdivision that is not a legal entity, which has a sign of permanence resulting from the expansion of the parent company's activities, which has management personnel and material equipment for conducting business negotiations with third parties in such a way that the latter, knowing that, if necessary, a legal connection with the parent company will be established. A company with a head office located abroad should not contact this parent company directly., and they can carry out business operations in this division, which is established as an offshoot of the parent company.;  

       d) "establishment" means the right of Kazakhstani or Community companies, as defined in paragraph (a), to conduct economic activities by establishing subsidiaries and branches, respectively, in the Republic of Kazakhstan or the Community;  

       e) "Action" means the implementation of economic activity;  

       (e) "Economic activity" will mean activities of an industrial, commercial and professional nature;  

       g) With respect to international maritime transport, including domestic maritime transport, citizens of the Republic of Kazakhstan or Member States who have settled outside the Republic of Kazakhstan or the Community, respectively, and shipping companies established outside the Republic of Kazakhstan or the Community and controlled by Kazakh citizens or citizens of a Member State, respectively, will also enjoy the rights provided for by this Chapter and Chapter III, if their vessels are registered in the Republic of Kazakhstan or a Member State, respectively, according to their laws.  

  Article 26  

     1. Notwithstanding any other provisions of the Agreement, the Party is not prohibited from taking precautionary measures, including the protection of investors, depositors, policy holders or persons towards whom the financial service provider performs fiduciary duties, or in order to ensure the integrity and stability of the financial system. In cases where these measures do not comply with the provisions of the Agreement, they will not be used as a means for a Party to evade the obligations provided for in this Agreement.  

       2. Nothing in this Agreement will be interpreted as requiring the Party to disclose information related to the affairs and accounts of individuals, or any confidential or proprietary information belonging to legal entities.  

  Article 27  

     The provisions of this Agreement will not prevent each of the Parties from applying any measure necessary to prevent circumvention of its measures taken with respect to access to its markets in a third country based on the provisions of this Agreement.  

  Article 28  

     1. Notwithstanding the provisions of Chapter I of this Section, a Kazakhstani company or a Community company established in the territory of the Republic of Kazakhstan or the Community, respectively, is authorized to accept or have employees who are citizens of the Republic of Kazakhstan and the Member States in any of its subsidiaries or branches in the territory of the Republic of Kazakhstan or the Community, respectively, subject to the applicable legislation of the country of establishment-members of the Community, respectively, provided that such employees are leading specialists in accordance with the, as this concept is defined in paragraph 2 of this Article, as well as provided that they are employed exclusively by such companies or subsidiaries. The residence permit and work permit for such employees or employees must correspond to the duration of such employment.  

       2. The leading specialists of the companies mentioned above, hereinafter referred to as "organizations", are "persons transferred to work within the company", as defined in paragraph (c) in the following categories, provided that the organization is a legal entity and the persons in question are employed by it or are its co-owners (except for the owners of the controlling stake) for at least one year immediately prior to such transfer:  

       a) persons working in senior positions in the organization, carrying out the main management of the company, under the control and receiving instructions directly from the board of directors or shareholders, or an equivalent body to the latter. These include:  

       - heads of an institution, department, or sector within the institution;  

       - persons who manage and control the activities of other senior, professional and managerial personnel;  

       - persons who have the authority to personally carry out recruitment and dismissal, or make recommendations on recruitment, dismissal and other personnel-related actions;  

       b) persons working in the organization and possessing outstanding knowledge essential for maintenance, work with research devices, research methods and management. The assessment of such knowledge may reflect, along with knowledge specific to the institution, a high level of qualifications related to the type of work or occupation that requires special technical knowledge, including belonging to an officially recognized profession.;  

       c) "A person transferred to work within the company" is defined as an individual who works for an organization in the territory of a Party and is temporarily transferred as part of continuing economic activity in the territory of the other Party; in this case, the organization in question must have its main place of business in the territory of the Party, and the transfer must be carried out to an institution (subsidiary, branch) of this organization, which actually carries out similar economic activities on the territory of the other Party.  

  Article 29  

     1. The Parties shall use all their possibilities to avoid taking any measures or actions that make the conditions for the establishment and operation of companies of each party more restrictive than the situation existing on the day preceding the day of signing the Agreement.  

       2. The provisions of this Article are without prejudice to the provisions of Article 37, the situations covered by Article 37 are governed only by the provisions of article 37, excluding the application of any other articles.  

       3. Acting in the spirit of partnership and cooperation and in the light of the provisions contained in Article 43, the Government of the Republic of Kazakhstan will inform the Community of its intentions to submit for consideration new legislation or adopt new rules that may create conditions for the establishment and operation in the Republic of Kazakhstan of subsidiaries and branches of Community companies more restrictive than the situation existing on the day preceding the day of signing the Agreement. The Community may request the Republic of Kazakhstan to provide drafts of such legislation or acts and to consult on these drafts.  

4. In cases where the introduction of new legislation or new acts in the Republic of Kazakhstan leads to the fact that the conditions for the functioning of subsidiaries and branches of Community companies established in the Republic of Kazakhstan become more restrictive than the situation existing on the day preceding the day of signing the Agreement, such legislation or acts shall not be applied in within three years to subsidiaries and branches already established in the Republic of Kazakhstan from the date of entry into force of the relevant act.  

  Chapter III Cross-border provision of services between the Republic of Kazakhstan and the Community  

  Article 30  

     1. The Parties undertake, in accordance with the provisions of this Chapter, to take the necessary steps to ensure on an increasing scale the supply of services to Kazakhstani or Community companies established in the territory of a Party that is not a party to the person for whom these services are intended, taking into account the development of the Parties' service sectors.  

       2. The Cooperation Council makes recommendations on the application of paragraph 1.  

  Article 31  

     The parties will cooperate in order to create a market-oriented service sector in the Republic of Kazakhstan.  

  Article 32  

     1. The Parties undertake to effectively apply the principle of unrestricted access to the international maritime market and maritime transport on a commercial basis.:  

       (a) the above provision is without prejudice to the rights and obligations arising from the United Nations Convention on the Code of Management of Liner Cartels, as applied to one or the other Party to this Agreement. Non-cartel lines can compete with cartel lines, provided that they adhere to the principle of fair competition on a commercial basis.  

       (b) The Parties confirm their commitment to the principle of free competition as one of the main terms of trade in bulk and bulk cargoes.  

       2. In applying the principles set out in paragraph 1, the Parties:  

       a) from the moment of entry into force of this Agreement, no provisions of bilateral agreements concerning the division of responsibility for the carriage of any cargo between the former Soviet Union and any Member State of the Community shall apply;  

       b) do not include provisions on the division of cargo transportation in future bilateral agreements with third countries, except in exceptional cases when liner cargo companies of one or the other Party to this Agreement do not have other effective opportunities to carry out commercial shipping from and to a third interested country.;  

       c) prohibit agreements on the division of responsibility for the transportation of goods when concluding any future bilateral agreements on trade in bulk and bulk cargo;  

       d) cancel, from the moment of entry into force of this Agreement, all unilateral measures, and eliminate administrative, technical and other obstacles that may constitute hidden restrictions or have a discriminatory effect on the free provision of services in the field of international maritime transport.  

       Each Party shall provide vessels operated by nationals or companies of the other Party, inter alia, with treatment no less favourable than that provided to the Party's own vessels with regard to access to ports open to international trade, the use of infrastructure and ancillary maritime services in ports, as well as related payments and fees. customs services, berthing facilities, and loading and unloading equipment.  

       3. Individuals and companies of the Community providing international maritime transport services will be free to provide international river services in the internal waters of the Republic of Kazakhstan and vice versa.  

  Article 33  

     In order to ensure the coordinated development of transport services between the Parties that meet their commercial needs, the conditions for mutual access to markets and the provision of services in the field of road, rail, inland waterway and, if applicable, air transportation may be stipulated in special agreements concluded as a result of appropriate negotiations between the Parties after the entry into force of this agreement. Agreements.  

  Chapter IV General provisions  

  Article 34  

     1. The provisions of this Section are applied subject to restrictions justified by considerations of public policy, public safety and public health.  

       2. They do not apply to activities that are connected on the territory of any Party, even accidentally, with the performance of the functions of official authorities.  

  Article 35  

     For the purposes of this Section, nothing in the Agreement prevents the Parties from applying their laws and regulations on entry and stay, work, working conditions and arrangement of individuals and the provision of services, provided that they do not apply them in a way that eliminates or limits the benefits provided to any Party under the terms of the special provisions of the Agreement.  

       These provisions do not preclude the application of Article 34.  

  Article 36  

     Companies that are controlled and exclusively jointly owned by Kazakhstani and Community companies also enjoy the benefits provided for in Chapters II, III, and IV.  

  Article 37  

     The treatment provided by the Parties to each other in accordance with this Agreement, from the date one month before the entry into force of the relevant obligations of the General Agreement on Trade in Services (GATS), in relation to the industries and measures covered by the GATS, will not be in any way more favorable than that provided by such a first Party. and in accordance with the provisions of the GATS, and this applies to every industry, sub-sector and type of service provision.  

  Article 38  

     For the purposes of Chapters II, III, IV, the treatment provided by the Republic of Kazakhstan or the Community, the Member States in accordance with the obligations assumed under the agreements on economic integration in accordance with the principles of Article V of the GATS will not be taken into account.  

  Article 39  

     1. The most-favored-nation treatment provided in accordance with the provisions of this Section will not apply to tax benefits that the Parties provide or will provide in the future on the basis of agreements for the avoidance of double taxation or other agreements on tax matters.  

       2. Nothing in this Section shall be interpreted in such a way as to prevent the Parties from adopting or implementing any measure aimed at preventing tax avoidance or evasion in accordance with the tax provisions of agreements for the avoidance of double taxation, or other agreements on tax matters, or domestic financial legislation.  

       3. Nothing in this Section shall be interpreted as preventing the Republic of Kazakhstan or the Member States from making distinctions between taxpayers who are not in the same situation, in particular with regard to their place of residence, when applying the relevant provisions of their financial legislation.  

  Article 40  

     Without prejudice to Article 28, none of the provisions of Chapters II, III and IV will be interpreted as giving the right:  

       - citizens of the Republic of Kazakhstan or Member States, respectively, to enter or stay in the territory of the Community or the Republic of Kazakhstan, respectively, in any capacity, and in particular, as a shareholder or partner in the company, its Manager or employee, or supplier, or recipient of services;  

       - subsidiaries of the Community or branches of Kazakhstani companies in the Community to hire citizens of the Republic of Kazakhstan on the territory of the Community;  

       - subsidiaries of Kazakhstani companies or Branches of a Community company in Kazakhstan to hire citizens of the Member States in the territory of the Republic of Kazakhstan;  

       - Kazakhstani companies, or subsidiaries of the Community or Branches of Kazakhstani companies in the Community, send Kazakhstani citizens to operate under the supervision of other persons under temporary employment contracts;  

       - Community companies or Kazakhstani subsidiaries or branches of Community companies to send workers who are citizens of Member States under employment contracts.  

  Chapter V Current payments and capital  

  Article 41  

     1. The Parties undertake to allow any payments in freely convertible currency on current accounts of the balance of payments between residents of the Republic of Kazakhstan and the Community related to the movement of goods, services or persons carried out in accordance with the provisions of this Agreement.  

       2. With respect to transactions in the capital account of the balance of payments, from the date of entry into force of this Agreement, the free movement of capital associated with direct investments made in companies established in accordance with the laws of the host country and investments made in accordance with the provisions of Chapter II, and the liquidation or repatriation of these investments and any profit extracted from them.  

       3. Without prejudice to paragraph 2 or paragraph 5, from the date of entry into force of this Agreement, no new foreign exchange restrictions will be imposed on capital movements and related current payments between residents of the Republic of Kazakhstan and the Community, nor will existing conditions be made more restrictive.  

       4. The Parties will consult with each other in order to facilitate the movement of forms of capital other than those specified in paragraph 2 above between the Republic of Kazakhstan and the Community in order to facilitate the achievement of the objectives of this Agreement.  

5. With reference to the provisions of this Article, until the full convertibility of the Kazakh currency is introduced in accordance with Article VIII of the Articles of Agreement of the International Monetary Fund. The Republic of Kazakhstan may, in exceptional circumstances, apply currency restrictions related to the granting or acceptance of short- and medium-term financial loans, to the extent that such restrictions are imposed on the Republic of Kazakhstan in connection with the granting of these loans and which are permitted under Kazakhstan's status with the IMF. The Republic of Kazakhstan will apply such restrictions on a non-discriminatory basis. They should be applied in such a way as to cause the minimum possible deviation from this Agreement. The Republic of Kazakhstan will immediately inform the Cooperation Council about the introduction of such measures and any changes.  

       6. Without prejudice to paragraphs 1 and 2, in cases where, in exceptional circumstances, the movement of capital between the Republic of Kazakhstan and the Community entails or threatens to entail serious difficulties for the implementation of currency exchange or monetary policy in the Republic of Kazakhstan or in the Community, the Republic of Kazakhstan or the Community, respectively, may take precautionary measures with respect to movements capital agreement between the Republic of Kazakhstan and the Community for a period not exceeding six months, if such measures are strictly necessary.  

  Chapter VI Protection of intellectual, industrial and commercial property  

  Article 42  

     1. Subject to the provisions of this Article and Annex III, the Republic of Kazakhstan will continue to improve the protection of intellectual industrial and commercial property rights in order to ensure, by the end of the fifth year after the entry into force of this Agreement, a level of protection similar to that existing in the Community, including effective means to enhance the application of such rights.  

       2. By the end of the fifth year after the entry into force of this Agreement, the Republic of Kazakhstan must accede to the multilateral conventions on intellectual, industrial and commercial property rights referred to in paragraph 1 of Annex III to which the Member States are parties or which are de facto applied by the Member States in accordance with the relevant provisions contained in these conventions.  

  SECTION V LEGISLATIVE COOPERATION  

  Article 43  

     1. The Parties recognize that an important condition for strengthening economic ties between the Republic of Kazakhstan and the Community is the convergence of the existing and future legislation of the Republic of Kazakhstan and the Community. The Republic of Kazakhstan will strive to ensure that its legislation gradually becomes compatible with the legislation of the Community.  

       2. The process of legislative convergence will extend, in particular, to the following areas: customs legislation; enterprise legislation; banking legislation; company accounts and taxes; intellectual property; labor protection; financial services; competition rules, including any relevant issues or practices affecting trade; public procurement; health and safety human, animal and plant life; environmental protection; consumer protection; indirect taxation; technical norms and standards; laws and regulations in the nuclear field; transport.  

       3. The Community will provide the Republic of Kazakhstan with technical assistance in the implementation of these measures, which may include:  

       - exchange of experts;  

       - providing preliminary information regarding the relevant legislation;  

       - organization of seminars;  

       - personnel training;  

       - Assistance in translating texts of Community legislation in relevant sectors.  

       4. The Parties have agreed to explore ways to apply their respective competition laws in a coordinated manner in cases concerning trade between them.  

  SECTION VI ECONOMIC COOPERATION  

  Article 44  

     1. The Republic of Kazakhstan and the Community will develop economic cooperation aimed at facilitating the process of economic reform, rehabilitation and sustainable development of the Republic of Kazakhstan. This cooperation will strengthen existing economic ties, for the benefit of both Sides.  

       2. Policies and other measures will be developed in order to effect economic and social reforms and restructuring in the Republic of Kazakhstan, and will be guided by the requirements of sustainable development and harmonious social protection. They will also take full account of environmental considerations.  

       3. To this end, cooperation will focus in particular on areas such as economic and social development, training, assistance to enterprises (including privatization, investment and development of financial services), agriculture and food production, energy and civil nuclear safety, transport, tourism, environmental protection and regional cooperation.  

       4. Special attention will be paid to measures that can contribute to the development of cooperation between Independent   States in order to stimulate the harmonious development of the region.  

       5. Where appropriate, economic cooperation and other forms of cooperation stipulated in this Agreement may be supported by technical assistance from the Community, taking into account the relevant Community Council regulations applicable to technical assistance to Independent States in priority areas agreed in indicative programmes related to technical assistance from the European Community to the Republic of Moldova. Kazakhstan, taking into account the procedures established in them for coordination and implementation.  

  Article 45 Industrial cooperation  

     1. Cooperation will be aimed, in particular, at facilitating:  

       - development of business relations between business entities of both sides;  

       - Community participation in the restructuring of Kazakhstan's industry;  

       - improvement of management;  

       - improving the quality of industrial products;  

       - development of efficient production facilities for extraction and processing of raw materials;  

       - development of appropriate commercial standards and practices, including product marketing;  

       - environmental protection;  

       - defense industry conversions.  

       2. The provisions of this article do not affect the application of competition rules applicable to Community enterprises.  

  Article 46 Support and protection of investments  

     1. Taking into account the relevant powers and competencies of the Community and the Member States, cooperation is aimed at creating a favorable climate for private investment, both domestic and foreign, primarily by improving investment protection conditions, capital transfers and the exchange of information on investment opportunities.  

       2. The objectives of such cooperation, in particular, are:  

       - conclusion, if necessary, of agreements on the promotion and protection of investments between the Republic of Kazakhstan and the Member States; conclusion, if necessary, of agreements on the avoidance of double taxation between the Parties;  

       - creation of favorable conditions for attracting foreign investments into the Kazakh economy;  

       - creation of stable and relevant legislation in the field of business and conditions for the development of entrepreneurship and the exchange of information on legislation, regulations and administrative practices in the field of investments;  

       - exchange of information on investment opportunities, in particular, in the form of trade fairs, exhibitions, trade weeks and other events.  

  Article 47 Publicity of the conclusion of contracts  

     The parties will cooperate in creating conditions for the conclusion of contracts for goods and services in an open and competitive manner, in particular through tenders.  

  Article 48 Cooperation in the field of standardization   and quality conformity assessment  

     1. Cooperation between the Parties will contribute to bringing standards in line with the criteria, principles and directives in the field of quality observed worldwide. The measures taken in this direction will ensure progress towards achieving mutual recognition in the field of quality conformity assessment, as well as improving the quality of products manufactured in the Republic of Kazakhstan.  

       2. To this end, they will seek to cooperate in the implementation of technical assistance projects that:  

       - will contribute to the development of cooperation between organizations and institutions specializing in these areas;  

       - will promote the use of Community technical regulations and the application of European standards and quality conformity assessment procedures;  

       - will allow for the exchange of experience and technical information in the field of quality management.  

  Article 49 Mining industry, raw materials  

     1. The Parties aim to increase investment in the mining industry and trade in raw materials.  

       2. Cooperation will focus in particular on the following areas::  

       - exchange of information on the prospects for the development of the mining sector and the non-ferrous metals sector;  

       - Creation of a legal framework for cooperation;  

       - trade issues;  

       - adoption and implementation of environmental legislation;  

       - professional training;  

       - safety in the mining industry.  

  Article 50 Scientific and technological cooperation  

1. The Parties will promote the development of cooperation in the field of scientific research and technological development (R&D) on a mutually beneficial basis, taking into account the availability of resources, adequate access to relevant programs and ensuring an appropriate level of effective protection of intellectual, industrial and commercial property rights (IPR). Scientific and technological cooperation covers:  

       - exchange of scientific and technical information;  

       - joint activities in the field of scientific research and scientific and technical developments;  

       - Professional training events and exchange programs for scientists, researchers and technologists involved in research and development on both sides.  

       If such cooperation includes activities related to education or training, it will be carried out in accordance with the provisions of Article 51 of this Agreement.  

       The Parties may, on the basis of mutual agreement, carry out other forms of cooperation in the scientific and technological field.  

       During the activities in this area of cooperation, special attention will be paid to the retraining of scientists, engineers, researchers and technologists who participate or participated in the development and/or production of weapons of mass destruction.  

       3. The cooperation provided for in this Article will be carried out on the basis of specific agreements, which will be negotiated and concluded in accordance with the procedures adopted by each Party, and which will provide, in particular, the necessary provisions for the protection of intellectual, industrial and commercial property rights.  

  Article 51 Education and professional training  

     1. The parties will cooperate in order to improve the level of general education and professional qualifications of the population in the Republic of Kazakhstan in both the public and private sectors.  

       2. This cooperation will focus in particular on the following areas::  

       - improvement of higher education systems and personnel training in the Republic of Kazakhstan, including the system of university certification and higher education diplomas;  

       - Training of senior staff for the public and private sectors in priority areas to be determined by the Cooperation Council;  

       - cooperation between higher education institutions, as well as between higher education institutions and firms;  

       - mobility for teachers, graduates, administrators, young scientists and researchers, youth;  

       - Development of teaching in the field of European Studies in relevant institutions;  

       - Community language training;  

       - Postgraduate degree in simultaneous translation;  

       - training of journalists;  

       - training of teaching staff.  

       3. The possibility of one of the Parties participating in relevant education and training programs of the other Party may be considered within the framework of appropriate procedures and, where necessary, institutional structures may be established and cooperation plans developed based on the participation of the Republic of Kazakhstan in the TEMPR Community program.  

  Article 52 Agriculture and the agro-industrial sector  

     The purpose of cooperation in this area is the implementation of agrarian reform, modernization, privatization and new structuring of agriculture, the agro-industrial sector of the Republic of Kazakhstan, the development of local and foreign markets for Kazakhstani products, taking into account the environmental safety of food supply, as well as the development of agro-business, processing and distribution of agricultural products. The Parties will also aim at the gradual convergence of Kazakh standards and technical regulations of the Community related to industrial and agricultural foodstuffs, including sanitary and Phytosanitary standards.  

  Article 53 Energy  

     1. Cooperation will develop within the framework of the principles of a market economy and the European Energy Charter, based on the growing integration of European energy markets.  

       2. The cooperation includes, among others, the following areas:  

       - the impact of energy production, energy supply and energy consumption on the environment, in order to prevent or minimize the negative impact of these activities on the environment;  

       - improving the quality and safety of energy supply, including expanding the range of energy suppliers, in economically and environmentally acceptable types of production;  

       - improving the management and regulation of the energy sector in the spirit of a market economy;  

       - formulation of energy policy;  

       - creation of a set of institutional, legal, tax and other conditions necessary to stimulate trade and investment in the energy sector;  

       - development of energy conservation and energy efficiency;  

       - modernization of energy infrastructure;  

       - improvement of energy supply technologies and final energy consumption of various types of energy;  

       - managerial and technical training of personnel in the energy sector;  

       - security in the supply, transportation and transit of energy and energy materials.  

  Article 54 Environment  

     1. Taking into account the provisions of the European Energy Charter, the Parties will develop and strengthen their cooperation in environmental and health issues.  

       2. Cooperation in this area is aimed at combating environmental degradation and includes, in particular, the following areas::  

       - effective monitoring of pollution levels and environmental assessment;  

       - the interaction of information ecological systems of the Parties regarding the state of the environment;  

       - combating local, regional and transboundary pollution of water and air environments;  

       - ecological restoration;  

       - Sustainable, efficient and environmentally sound energy production and use;  

       - safety of industrial facilities;  

       - classification of chemicals and their safe handling;  

       - control over the quality of the aquatic environment;  

     - reduction of the amount of waste, its processing and safe storage, application of standards The Basel Convention;  

       - Environmental impact of agriculture, soil erosion and chemical pollution;  

       - forest protection;  

       - conservation of biological diversity of protected regions, rational use of biological resources and their management;  

       - Land use planning, including industrial and civil engineering issues;  

       - the use of economic and fiscal mechanisms;  

       - Global climate change;  

       - Environmental education and awareness;  

       - Application of the provisions of the Espoo Convention on Environmental Impact Assessment in a Transboundary Context.  

       3. The cooperation of the Parties will be carried out, in particular, through:  

       - planning, prevention and prevention of disasters and other emergencies;  

       - exchange of experts, information and consultations, including issues of transfer of "clean" technologies, safe and environmentally sound use of biotechnologies;  

       - implementation of joint research programs;  

       - improvement of the legislative framework (Community standards);  

       - Cooperation at the regional level (including its implementation within the framework of the European Environmental Agency), as well as at the international level;  

       - development of strategies, in particular, in relation to global climate problems and in terms of ensuring sustainable development;  

       - study of environmental factors.  

Article 55 Transport  

     The parties will develop and strengthen mutual cooperation in the field of transport. This cooperation will, among other things, be aimed at carrying out structural restructuring and modernization of transport systems and networks in the Republic of Kazakhstan, as well as at achieving and ensuring, as appropriate, compatibility of the transport systems of the Parties in the context of the Formation of a more global transport network.  

       Cooperation in particular includes:  

       - modernization of management and operations of road transport, railways, ports and airports;  

       - modernization and development of railways, waterways, highways, seaports, airports and air navigation infrastructure, including the modernization of major transport routes of mutual interest for trans-European relations in the above sectors;  

       - Promotion and development of multimodal transport systems;  

       - assistance in conducting joint research and development programs;  

       - Preparation of legislative and institutional frameworks for improving transport policy and mechanisms for its implementation, including issues related to the privatization of the transport sector.  

  Article 56 Outer space  

     Taking into account the relevant areas of competence of the Community, its Member States and the European Space Agency, the Parties intend to promote, where possible, the development of long-term cooperation in the field of civil research, exploration and commercial use of outer space. In particular, they pay special attention to initiatives based on making the fullest use of the complementarity of their programmes and activities in this area.  

Taking into account the relevant areas of competence of the Community, its Member States and the European Space Agency, the Parties intend to promote, where possible, the development of long-term cooperation in the field of civil research, exploration and commercial use of outer space. In particular, they pay special attention to initiatives based on making the fullest use of the complementarity of their programmes and activities in this area.  

  Article 57 Postal services and telecommunications  

     Within the framework of their respective powers and competencies, the Parties will expand and strengthen cooperation in the following areas::  

       - Development of policies and directives for the development of the telecommunications and postal services sector;  

       - development of principles of tariff policy and marketing in the field of telecommunications and postal services;  

       - creating favorable conditions for the development of projects in the field of telecommunications and postal services and attracting capital investments;  

       - improving the efficiency and quality of the provision of telecommunications and postal services, including through the liberalization of the activities of sub-sectors;  

       - the use of telecommunications in advanced technological fields, especially in the field of electronic money transfer;  

       - management of telecommunication networks and their "optimization";  

       - an appropriate regulatory framework for the provision of telecommunications and postal services, and the use of the radio frequency spectrum;  

       - professional training in telecommunications and postal services to work in market conditions.  

  Article 58 Financial services  

     The cooperation will be aimed primarily at creating favorable conditions for the Republic of Kazakhstan to join the generally accepted settlement systems. Technical assistance will focus on:  

       - development of banking and financial services, development of the common market of credit resources, attraction of the Republic of Kazakhstan to the generally accepted systems of mutual settlements;  

       - development of the fiscal system and institutions in the Republic of Kazakhstan, exchange of experience and training of personnel on tax and financial issues;  

       - the development of insurance services, which, among other things, will create a favorable basis for the participation of Community companies in the creation of joint ventures in the insurance sector of the Republic of Kazakhstan, as well as the development of an export credit insurance system.  

       This cooperation should, in particular, contribute to the accelerated development of relations between the Republic of Kazakhstan and the Member States of the Community in the Financial services sector.  

  Article 59 Money laundering  

     1. The Parties agree on the need for efforts and the need for cooperation in order to prevent the use of their financial systems to launder proceeds from criminal activity in general and, in particular, from drug trafficking.  

       2. Cooperation in this area includes administrative and technical assistance in order to develop acceptable standards of anti-money laundering activities similar to those adopted in this area in the Community and internationally, including by the Special Financial Task Force (GATG).  

  Article 60 Regional cooperation  

     1. The Parties agreed to strengthen cooperation in the field of regional development planning and land use.  

       2. To this end, they will facilitate the exchange of information between national, regional and local authorities on regional development and land-use policies, as well as on how to shape them, while paying particular attention to the problems of disadvantaged areas.  

       They will also facilitate the establishment and development of direct contacts between the relevant regions and public organizations responsible for planning regional development, with a view, in particular, to sharing methods and forms of accelerating regional development.  

  Article 61 Cooperation in the social sphere  

     1. With regard to health and safety issues, the Parties agreed to develop mutual cooperation in order to improve the degree of protection of the health and safety of workers. This cooperation includes, in particular:  

       - education and training of personnel on occupational health and safety, paying special attention to high-risk areas of activity;  

       - development and promotion of measures to prevent occupational diseases and other negative consequences of professional activity;  

       - prevention of the consequences of emergency situations, management of the production and use of toxic chemicals;  

       - research on the basic problems of workplace ecology, health and safety of workers.  

       2. With regard to employment issues, cooperation between the Parties includes, in particular, the provision of technical assistance for:  

       - optimization of the labor market;  

       - modernization of employment services and related consulting services;  

       - Planning and management of employment sector restructuring programs;  

       - encouraging the development of local employment;  

       - exchange of information on flexible employment programs, including issues of stimulating self-employment and entrepreneurship development.  

       3. The Parties will pay special attention to cooperation in the field of social protection of the population, which, in particular, includes issues of planning and implementing reforms of social protection systems in the Republic of Kazakhstan.  

       These reforms are aimed at developing social protection mechanisms in the Republic of Kazakhstan that meet the requirements of a market economy and include all areas of social protection for the population.  

  Article 62 Tourism  

     The parties will expand and deepen cooperation in this area, including, in particular:  

       - simplification of tourist exchange;  

       - expansion of information exchange;  

       - transfer of know-how;  

       - exploring the possibilities of implementing joint projects;  

       - interaction of official tourism authorities;  

       - training of personnel for the development of tourism.  

  Article 63 Small and medium-sized enterprises  

     1. The Parties aim to develop and strengthen small and medium-sized enterprises (SMEs) and to encourage cooperation between SMEs of the Republic of Kazakhstan and the Community.  

       2. Cooperation includes technical assistance extending, in particular, in the following areas::  

       - creation of a legislative framework for SMEs;  

       - creation of an appropriate infrastructure (agency for SME support, communications, assistance in creating a fund for SMEs);  

       - creation of technology parks.  

  Article 64 Information and communication  

     The Parties will support the development of modern methods of information processing, including the means of its transmission, and stimulate effective mutual information exchange. Priority will be given to programs aimed at familiarizing the public with basic information about the Community and the Republic of Kazakhstan, including, if possible, providing access to databases while fully respecting intellectual property rights.  

  Article 65 Consumer rights protection  

     1. The Parties will ensure close cooperation aimed at achieving compatibility of their systems in the field of consumer protection. This cooperation may include: exchange of information in the field of legislation and institutional reforms; creation of a permanent system for the mutual exchange of information on dangerous products; improvement of the mechanism for providing information to consumers, primarily regarding prices and characteristics of the goods and services offered.; development of exchange between consumer protection organizations, strengthening compatibility and coordination of consumer protection policies; organization of seminars and internships.  

  Article 66 Customs issues  

     1. The purpose of cooperation in this area is to ensure compliance with all the provisions intended to be adopted in connection with the development of mutually beneficial trade and to achieve convergence of the customs systems of the Parties similar to those existing in the Community.  

       2. Cooperation in this field, in particular, includes:  

       - information exchange;  

       - improvement of working methods;  

       - introduction of Unified terminology and a single administrative document;  

       - interaction of transit systems of the Republic of Kazakhstan and the Community;  

       - simplification of inspections and formalities regarding the transportation of goods;  

       - assistance in the implementation of modern customs information systems;  

       - organization of seminars and internships.  

       If necessary, cooperation will be supported by technical assistance.  

       3. Without prejudice to the provisions of this Agreement relating to further cooperation between the Parties and, in particular, Article 69, mutual assistance to the administrative authorities of the Parties on customs matters will be carried out in accordance with the provisions of the Protocol to this Agreement.  

  Article 67 Cooperation in the field of statistics  

     Cooperation in this area is aimed at further developing effective statistical systems in order to provide reliable statistical information necessary to support and monitor the processes of economic transformation and the development of private enterprises in the Republic of Kazakhstan.:  

       In particular, the Parties will cooperate in the following areas, such as:  

       - adaptation of Kazakhstan's statistical system to international methods, standards and classifications;  

       - exchange of statistical information;  

To this end, the Community will provide technical assistance to the Republic of Kazakhstan.  

  Article 68 General economic issues  

     The Parties promote the implementation of economic reform processes and the coordination of economic policies through cooperation in order to improve mutual understanding on the fundamental principles of their economic systems, the development and implementation of economic policies in a market economy.  

       To this end, the Parties will exchange information on macroeconomic forecasts. The community will provide technical assistance in order to:  

       - assistance to the Republic of Kazakhstan in the implementation of economic reform processes through the provision of expert advice and technical assistance;  

       - Encouraging collaboration between economists to facilitate the transfer of information and know-how in economic policy development and the wide dissemination of relevant research results.  

  Article 69 Narcotic substances  

     Within the framework of their powers and competencies, the Parties agreed to cooperate in order to increase the effectiveness and efficiency of programs and measures to combat the illicit production, supply and trafficking of narcotic and psychotropic substances, including the prevention of diversion of chemicals used for their manufacture, as well as to prevent and reduce drug demand. Cooperation in this area is based on mutual consultations and close coordination between the Parties regarding goals and measures in various areas related to drug use.  

  Article 70 Cooperation in the prevention of illegal activities  

     The Parties will ensure cooperation aimed at preventing illegal activities, such as:  

       - illegal immigration or illegal stay of natural persons of their nationality in the respective territories of the Parties, taking into account the principles and practice of adopting a new citizenship;  

       - illegal activities in the economic sphere, including corruption;  

       - illegal transactions with various goods, including transactions with industrial waste;  

       - counterfeiting or counterfeiting;  

       - illegal transportation of drugs, psychotropic substances and weapons.  

       Cooperation in the above-mentioned areas is based on mutual consultations and close cooperation between the Parties and provides for the provision of technical and administrative assistance, including:  

       - Development of draft national legislation in the field of prevention of illegal activities;  

       - creation of information centers;  

       - improving the efficiency of the bodies involved in the prevention of illegal activities;  

       - staff training and development of research infrastructures;  

       - Development of mutually acceptable measures aimed at preventing illegal activities.  

  SECTION VII CULTURAL COOPERATION  

  Article 71  

     The Parties undertake to promote, encourage and facilitate cultural cooperation. Where possible, such cooperation may be based on cultural cooperation programmes of the Community or its Member States, and other activities of mutual interest may subsequently be developed.  

  SECTION VIII FINANCIAL COOPERATION  

  Article 72  

     In order to achieve the objectives of this Agreement, and in accordance with Articles 73, 74 and 75, the Republic of Kazakhstan will receive temporary financial assistance from the Community, provided in the form of gratuitous technical assistance aimed at accelerating economic transformation in the Republic of Kazakhstan.  

  Article 73  

     This Financial Assistance will be provided within the framework of the TACIS program, defined in the relevant Regulations of the Community Council.  

  Article 74  

     The goals and areas of financial assistance of the Community are defined in an indicative program reflecting the established priorities to be agreed upon between the Parties, taking into account the needs of the Republic of Kazakhstan, the susceptibility to transformations of certain sectors of the Kazakh economy and the progress of reforms. The Parties will inform the Cooperation Council about this.  

  Article 75  

     In order to make optimal use of available resources. The Parties will ensure that the Community's technical assistance is carried out in close coordination with that provided by other sources such as Member States, other countries and international organizations such as the International Bank for Reconstruction and Development and the European Bank for Reconstruction and Development.  

  SECTION IX INSTITUTIONAL, GENERAL AND FINAL PROVISIONS  

  Article 76  

     A Cooperation Council is hereby established to monitor the implementation of this Agreement.         It will meet at the ministerial level once a year. He will study any major issues arising under the Agreement and any other bilateral or international issues of mutual interest in terms of achieving the objectives of this Agreement. The Cooperation Council may also, by agreement between the two Parties, make appropriate recommendations.  

  Article 77  

     1. The Cooperation Council consists of members of the Government of the Republic of Kazakhstan, on the one hand, and members of the Council of the European Union and members of the Commission of the European Communities, on the other hand.  

       2. The Cooperation Council establishes its own procedural rules.  

       3. The post of Chairman of the Cooperation Council will be held alternately by a member of the Government of the Republic of Kazakhstan and a representative of the Community.  

  Article 78  

     1. In order to assist the Cooperation Council in fulfilling its responsibilities, a Cooperation Committee will be established, consisting of representatives of the Government of the Republic of Kazakhstan, on the one hand, and members of the Council of the European Union and members of the Commission of the European Communities, on the other hand, usually at the senior level. The post of Chairman of the Cooperation Committee will be held alternately by a representative of the Republic of Kazakhstan and a representative of the Community.  

       In its procedural rules, the Cooperation Council defines the responsibilities of the Cooperation Committee, including the preparation of meetings of the Cooperation Council, as well as the functioning of the Committee.  

       2. The Cooperation Council may delegate any of its powers to the Cooperation Committee, which ensures the sequence of actions between meetings of the Cooperation Council.  

  Article 79  

     The Cooperation Council may decide to establish any other ad hoc committee or body necessary to assist in the performance of its functions, and will determine the composition and responsibilities of such committee or body, as well as the procedure for its Functioning.  

  Article 80  

     In the course of studying any issue arising under this Agreement with respect to the provision with reference to the GATT Article. The Cooperation Council shall, to the maximum extent possible, take into account the interpretation usually given to this article of the GATT by the Contracting Parties to the General Agreement.  

  Article 81  

     The Parliamentary Cooperation Committee is hereby established. It is a forum of members of the Parliament of the Republic of Kazakhstan and the European Parliament, convened for meetings and exchange of views. Meetings take place at intervals that are determined by the Committee itself.  

  Article 82  

     1. The Parliamentary Cooperation Committee consists of members of the Parliament of the Republic of Kazakhstan, on the one hand, and the European Parliament, on the other hand.  

       2. The Parliamentary Cooperation Committee establishes its own procedural rules.  

       3. The Parliamentary Cooperation Committee is headed alternately by a member of the Parliament of the Republic of Kazakhstan and the European Parliament, in accordance with the provisions set out in its procedural rules.  

  Article 83  

     The Parliamentary Cooperation Committee may request information related to the application of this Agreement from the Cooperation Council, which, in turn, must provide the Committee with the requested information.  

       The Parliamentary Cooperation Committee receives information on the recommendations of the Cooperation Council. The Parliamentary Cooperation Committee may make recommendations to the Cooperation Council.  

  Article 84  

     1. Within the framework of this Agreement, each Party undertakes to ensure that legal entities and individuals of the other Party have access to the competent courts and administrative authorities of the Parties free from discrimination, both in relation to their citizens, in order to protect their individual and property rights, including those related to intellectual, industrial and commercial property.  

       2. Within the limits of their respective powers, the Parties:  

       - will encourage the use of arbitration to resolve disputes arising in connection with commercial transactions and cooperation operations concluded by business entities of the Republic of Kazakhstan and the Community;  

       - agree that if the dispute is submitted to arbitration, each party to the dispute may, unless otherwise provided by the rules of the arbitration center chosen by the parties, appoint its own arbitrator, regardless of his nationality, and that the chairman of the arbitration or the sole arbitrator may be a citizen of a third country;  

       - recommend to their business entities, by mutual agreement, to determine the legal norms applicable to their contracts;  

       - will encourage the use of arbitration rules developed by the United Nations Commission on International Commercial Law (UNCITRAL) and arbitration by any arbitration center of a State party to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, signed in New York on June 10, 1958.  

  Article 85  

Nothing in this Agreement will prevent the Parties from taking any measures.:  

       a) which they consider absolutely necessary to prevent the disclosure of information that significantly harms their security interests;  

       b) which relate to the production or trade of weapons, ammunition or military goods or research, development or production for defense purposes, provided that such measures do not worsen the conditions of competition in respect of goods not intended for special military purposes;  

       (c) Which they consider essential to their own security in the event of serious internal violations affecting the maintenance of law and order during wartime or serious international tensions posing a threat of war, or in order to fulfill obligations they have assumed to maintain peace and international security.;  

       d) which they consider necessary to comply with their international obligations on the control of industrial goods and dual-use technologies.  

  Article 86  

     1. In the areas covered by this Agreement, and without prejudice to any special provisions contained therein.:  

       - the agreements applied by the Republic of Kazakhstan in relation to the Community should not lead to increased discrimination against Member States, their citizens or their companies and firms;  

       - the agreements applied by the Community in relation to the Republic of Kazakhstan should not lead to increased discrimination against the Republic of Kazakhstan, its citizens or its companies and firms.  

       2. The provisions of paragraph 1 shall not prejudice the right of the Parties to apply the relevant provisions of their tax legislation to taxpayers who are not in an identical situation with regard to their place of residence.  

  Article 87  

     1. Each of the two Parties may submit to the Cooperation Council any dispute concerning the application or interpretation of this Agreement.  

       2. The Cooperation Council can resolve the dispute by making a recommendation.  

       3. In the event that the dispute cannot be resolved in accordance with paragraph 2 of this Article, either Party may notify the other of the appointment of a conciliator: in this case, the other Party must appoint a second conciliator within two months. For the purposes of this procedure, the Community and the Member States will be considered as one party to the dispute.  

       The Cooperation Council will appoint a third mediator. The recommendations of the arbitrators will be adopted by a majority vote.  

       Such recommendations will not be binding on the Parties.  

  Article 88  

     The Parties agree to hold prompt consultations through appropriate channels at the request of one of the Parties to discuss any issue related to the interpretation or application of this Agreement or other aspects of relations between the Parties.  

       The provisions of this Article shall not affect Articles 13, 87 and 93 and shall apply without prejudice to the latter.  

  Article 89  

     The treatment provided to the Republic of Kazakhstan under this Agreement is in no way more favourable than the treatment provided by the Member States to each other.  

  Article 90  

     For the purposes of this Agreement, the term "Parties" means the Republic of Kazakhstan, on the one hand, and the Community or the Member States, in accordance with their respective powers, on the other hand.  

  Article 91  

     To the extent that the issues covered by this Agreement are also provided for The Energy Charter Treaty and the Protocols thereto, such an Agreement and Protocols, after entry into force, shall apply to such matters, but only to the extent that such application is provided for in these documents.  

  Article 92  

     This Agreement is concluded for an initial period of 10 years, after which the Agreement is automatically renewed year after year, until one of the Parties submits to the other Party a written notice of termination of the Agreement six months before its expiration.  

  Article 93  

     1. The Parties will take any general or special measures necessary to fulfill their obligations under this Agreement. They will ensure that the objectives set out in the Agreement are achieved.  

       2. If one of the Parties finds that the other Party is not fulfilling its obligations under the Agreement, it has the right to take appropriate measures. Before that, except in cases of special urgency, she will provide the Cooperation Council with all relevant information necessary to thoroughly study the situation in order to find a solution acceptable to the Parties.  

       When choosing such measures, preference should be given to those that least violate the Agreement. The Cooperation Council is immediately notified of these measures, if required by the other Party.  

  Article 94  

     Annexes I, II, III, together with the Protocol, form an integral part of this Agreement.  

  Article 95  

     This Agreement will not, until equivalent rights for individuals and business entities have been achieved within its framework, affect the rights currently granted to them by Agreements linking one or more Member States, on the one hand, and the Republic of Kazakhstan, on the other hand, with the exception of areas related to in the area of competence of the Community, and without prejudice to the obligations of the Member States arising from this Agreement in areas within their area of competence.  

  Article 96  

     This Agreement applies, on the one hand, in the territories to which the Treaties establishing the European Economic Community, the European Atomic Energy Community and the European Coal and Steel Community apply, and on the terms laid down in the basis of these treaties, and on the other hand, in the territory of the Republic of Kazakhstan.  

  Article 97  

     The Secretary General of the Council of the European Union shall be the depositary of this Agreement.  

  Article 98  

     This Agreement is drawn up in two copies, in Kazakh and Danish, Dutch, English, French, German, Italian, Spanish, Greek, Portuguese, all texts being equally authentic and will be deposited with the Secretary General of the Council of the European Union.  

  Article 99  

     This Agreement is subject to approval by the Parties in accordance with their own procedures.  

       This Agreement will enter into force on the first day of the second month following the date on which the Parties notify each other of the completion of the procedures specified above.  

       Upon entry into force, and with regard to relations between the Republic of Kazakhstan and the Community, this Agreement will replace the Agreement on Trade, Commercial and Economic Cooperation between the Union of Soviet Socialist Republics and the European Economic Community and the European Atomic Energy Community, signed in Brussels on December 18, 1989.  

  Article 100  

     In the event that the pending completion or completion of the procedures necessary for the entry into force of this Agreement, the provisions of certain parts of this Agreement will enter into force in 1994 through an Interim Agreement between the Republic of Kazakhstan and the Community, the Contracting Parties agree that in such circumstances, the expression "date of entry into force of this Agreement Agreements" will mean the effective date of such Interim Agreement.  

        APPENDIX I Indicative list of benefits provided   By the Republic of Kazakhstan to Independent States in accordance with article 8, paragraph 3  

     1. Armenia, Belarus, Estonia, Georgia, Lithuania, Moldova, Ukraine, Turkmenistan, Russia: Customs duties are not applied.  

       Export duties are not applied to goods supplied under clearing and interstate agreements within the limits of the volumes stipulated in these agreements.  

       Exports and imports are not subject to VAT. Excise duties are not applied to exports.  

       All Independent States: Export quotas for the supply of goods under annual interstate agreements on trade and cooperation are provided in the same way as for supplies for government needs.  

       2. Armenia, Belarus, Estonia, Georgia, Lithuania, Moldova, Ukraine, Turkmenistan: Payments can be made in rubles.  

       Russia - payments can be made in rubles and tenge.  

       All Independent States: a special system of non-commercial transactions, including payments made in connection with these transactions.  

       3. All Independent States: a special system of current payments.  

       4. All Independent States: a special price system in the trade of certain raw materials and semi-finished products.  

       5. All Independent States: special transit conditions.  

       6. All Independent States: special conditions of customs procedures.  

  ANNEX II Community reservations in accordance with Article 23, paragraph 1 (b)  

     Mining industry         In some Member States, mining concessions and resource extraction rights may be used for companies not controlled by the Community.  

     Fishing Access to and use of biological resources and fishing in marine waters under the sovereignty or jurisdiction of the Member States of the Community are restricted to fishing vessels flying the flags of the Member States of the Community and registered in the territory of the Community, unless otherwise provided.  

Purchase of real estate         In some Member States, the purchase of real estate by companies from non-EU countries is subject to restrictions.  

     Audiovisual services, including radio The national regime regarding production and distribution, including radio broadcasting, and other forms of information transmission, may be intended for audiovisual works related to certain criteria of origin.  

     Telecommunication services, including satellite and mobile services  

     Negotiated services.         Access to the market for additional services and infrastructure is limited in some Member States.  

     Professional services         Provision of services only by individuals who are citizens of the Member States. Under certain conditions, these individuals can create companies.  

     Agricultural industry         In some Member States, the national regime does not apply to companies outside the EU that want to establish an agricultural enterprise. The acquisition of vineyards by companies not controlled by the EU is subject to notification and, if necessary, the granting of authority or permits.  

     News agency services         Some Member States restrict foreign participation in publishing and broadcasting companies.  

  ANNEX III   CONVENTION FOR THE PROTECTION OF INTELLECTUAL, INDUSTRIAL AND COMMERCIAL PROPERTY RIGHTS (IPR) (ARTICLE 42)  

     1. Paragraph 2 of Article 42 concerns the following multilateral conventions: - Berne Convention for the Protection of Literary and Artistic Works (Paris ACT, 1971); - International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome, 1961); - Protocol to the Madrid Agreement on the International Registration of Marks (Madrid, 1989 - Agreement signed in Nice on the International Classification of Goods and Services for the Purpose of Registration of Marks (Geneva, 1977, with additions 1979);        - Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedures (1977, as amended in 1980); - International Convention for the Protection of New Plant Species (UPOV) (Geneva Act 1991). 2. The Cooperation Council may recommend that paragraph 2 of Article 42 be applied to other multilateral conventions. If problems affecting the terms of trade arise in the field of intellectual, industrial and commercial property, urgent consultations should be undertaken at the request of one of the Parties in order to develop mutually acceptable solutions.         3. The Contracting Parties confirm the importance they attach to the obligations arising from the following multilateral conventions: - The Paris Convention for the Protection of Industrial Property (Stockholm Act, 1967 with Amendments 1979);         - The Madrid Agreement on the International Registration of Marks (Stockholm Act, 1967, as amended in 1979); - The Patent Cooperation Treaty (Washington, 1970, as amended in 1979 and amended in 1984). 4. After the entry into force of this Agreement, the Republic of Kazakhstan will grant companies and citizens of the Community, with respect to the recognition and protection of intellectual, industrial and commercial property, a regime no less favorable than that provided to any third country under bilateral agreements.         5. The provisions of paragraph 4 will not apply to the advantages provided by the Republic of Kazakhstan to any third country on an effective, reciprocal basis and to the advantages provided by the Republic of Kazakhstan to other countries of the former USSR.  

        PROTOCOL ON MUTUAL ASSISTANCE BETWEEN ADMINISTRATIVE AUTHORITIES IN CUSTOMS MATTERS  

  Article 1 Definitions  

     For the purposes of this Protocol:  

       (a) "Customs legislation" means the provisions applicable in the territory of the Parties with respect to the import, export, transit of goods and the application of any customs procedures, including prohibition, restriction and control measures, adopted by the Parties.;  

       b) "customs duties" means all duties, taxes and fees or any other mandatory payments that are accrued and collected in the territories of the Parties in accordance with customs legislation, but do not include fees and charges that are quantified limited to the approximate cost of services provided.;  

       (c) "Requesting authority" means the competent administrative authority designated by a Party for these purposes and which submits a request for assistance in Customs matters;  

       (d) "Requested authority" means the competent administrative authority designated by a Party for these purposes and which receives a request for assistance in customs matters;  

       e) "violation" means any violation of customs legislation, as well as any attempt to violate such legislation.  

  Article 2 Scope of application  

     1. The Parties will assist each other in the manner and under the conditions laid down in this Protocol in ensuring the proper application of customs legislation, in particular on the basis of the prevention, detection and investigation of cases of violations of this legislation.  

       2. Assistance in customs matters, as defined in this Protocol, applies to any administrative body of the Parties that has competence in the application of this Protocol. It is detrimental to the rules governing mutual assistance in combating crime.  

       It also does not apply to information obtained by virtue of powers used at the request of judicial authorities, except in cases where such authorities agree to this.  

  Article 3 Assistance upon request  

     1. Upon request of the requesting authority, the requested authority provides it with all relevant information in order to enable it to ensure proper implementation of customs legislation, including information regarding their planned or ongoing activities that violate or may be carried out in violation of such legislation.  

       2. Upon request of the requesting authority, the requested authority shall inform it whether the goods exported from the territory of one of the Parties have arrived in the territory of the other Party in an appropriate manner, specifying, if necessary, the customs procedures applied to the goods.  

       3. At the request of the requesting authority, the requested authority shall take the necessary measures to ensure continuous monitoring of:  

       (a) Natural or legal persons in respect of whom there are sufficient grounds to believe that they violate or have violated customs legislation;  

       (b) places of storage of goods suspected of intentionally violating the customs legislation of the other Party;  

       (c) the movement of goods, which may cause a significant violation of customs legislation;  

       (d) vehicles in respect of which there is reason to believe that they have been used or may be used in violation of customs legislation.  

        Article 4   Assistance without request  

     The Parties will provide assistance to each other without prior request in accordance with their laws, regulations and other legal mechanisms, if they deem it necessary for the proper application of customs legislation, in particular when they receive information related to:  

       - transactions that have violated, violate, or may violate this legislation and that may be of interest to other parties;  

       - new ways or methods of conducting such operations;  

       - goods in respect of which it is known that they may be the subject of significant violations of customs legislation.  

  Article 5   Delivery/Notification  

     At the request of the requesting authority, the requested authority will take all necessary measures, in accordance with its legislation, to:  

       - delivery of all documents;  

       - sending notifications of all decisions covered by the scope of this Protocol to the addressee residing or established in its territory. In this case, Article 6, paragraph 3, applies.  

  Article 6 Form and content of requests for assistance  

     1. Requests made on the basis of this Protocol must be submitted in writing. The documents required for its execution must be attached to the request. Verbal requests, when prompted by the urgency of the situation, can be accepted, but they must be immediately confirmed in writing.  

       2. Requests made on the basis of paragraph 1 of this Article must include the following information:  

       (a) the authority that makes the request;  

       (b) the requested measure;  

       (c) the subject and the basis for the request;  

       (d) laws, regulations and other legal elements related to the request;  

       (e) the most accurate and comprehensive information about the natural or legal person who is the subject of the investigation;  

       (e) a summary of the relevant facts and information on investigations already conducted, except as provided in Article 5.  

       3. Requests shall be submitted in the official language of the requested competent authority or in a language acceptable to it.  

       4. If the request does not meet the formal requirements, a request may be made to correct or supplement it, however, an order may be given to take preliminary measures.  

  Article 7 Execution of requests for assistance  

Article 7 Execution of requests for assistance  

     1. In order to execute a request for assistance, the requested authority or, in cases where the latter cannot act independently, the administrative department to which the request was sent by that authority, acts within its competence and taking into account the means at its disposal, as if it were acting on its own behalf, or at the request of at the request of another authority of the Party concerned, providing information that is already available, conducting the necessary investigation or arranging for it to be conducted by others.  

       2. Requests for assistance are executed in accordance with the laws, regulations and other legal mechanisms of the requested Party.  

       3. Duly authorized officials of one of the Parties, with the consent of the other Party and in accordance with the conditions established by the latter, may obtain from the requested competent authority or another body accountable to it information concerning violations of customs legislation necessary for the requesting competent authority for the purposes of this Protocol.  

       4. Officials of a Party may, with the consent of the other Party and in accordance with the conditions established by the latter, be present during investigations on its territory.  

  Article 8 Form of information provision  

     1. The requested authority shall inform the requesting authority of the results of investigations in the form of documents, certified copies of documents, certified copies of documents, reports, etc.  

       2. The documents referred to in paragraph 1 may be replaced by computerized information provided in any Form for similar purposes.  

  Article 9 Exceptions to the obligation to provide assistance  

     1. The Parties may refuse to provide assistance, as stipulated in this Protocol, if this may:  

       (a) harm sovereignty, domestic politics, security or other fundamental interests; or  

       (b) to affect regulatory legal acts regulating issues related to currency or taxation, which are not different from regulatory legal acts related to customs duties; or  

       (c) violate an industrial, commercial or professional secret.  

       2. If the requesting authority requests assistance that it would not be able to provide if it were asked to do so, it should draw attention to this fact in its request. In this case, the requested authority has the right to decide how to respond to this request.  

       3. If assistance is not fully provided or is refused, this decision and its reasons must be communicated in writing to the requesting authority without delay.  

  Article 10 Obligation of confidentiality  

     1. Any information provided in any Form on the basis of this Protocol is confidential. It should be subject to an official secrecy and protection regime similar to that existing under the relevant legislation regarding such information in the receiving country and the relevant provisions applicable to official Community bodies.  

       2. The provided data will not be transmitted if there are sufficient grounds to believe that the presentation or use of the transmitted information would be contrary to the fundamental legal principles of one of the Parties, and especially if this person may suffer damage. The Party that received the information will inform the Party that provided it about the use of the information and the results obtained.  

       3. The information provided can be transferred to the customs authorities only if it is necessary for the prosecutor's office, judicial investigation and law enforcement agencies. Other persons or official authorities may obtain such information only after prior authorization from the competent authority that provided the information.  

       4. The Party providing the information will verify its accuracy. If it turns out that the information provided was incorrect or needs to be withdrawn, the receiving Party should be notified immediately. The receiving Party will be obliged to make corrections or delete what is necessary.  

       5. Without prejudice to cases of priority of public interest. The interested person can receive information about the stored data and the reasons for its preservation by making a corresponding request.  

  Article 11 Use of information  

     1. The information received should be used exclusively for the purposes of this Protocol and may be used by each Party for other purposes only with the prior written consent of the competent authority that provided the information, and should be subject to all restrictions established by that authority.  

       2. Paragraph 1 should not prevent the use of information in any judicial or administrative proceedings established in connection with non-compliance with customs legislation.  

       3. The parties may, in the records of the evidence presented, reports and witness statements submitted during the proceedings and ordered or requested before the trial. to use as evidence the information received and the documents taken into account as reference in accordance with the provisions of this Protocol.  

  Article 12 Experts and witnesses  

     An official of the competent authority may be granted permission, within the scope of his authority, to appear as an expert or witness on the progress of judicial or administrative proceedings concerning matters covered by this Protocol and subject to the jurisdiction of the other Party, and to submit such items, documents or certified copies thereof as may be required for the process. The requirement to appear in court or to formally submit to its jurisdiction must contain a special indication on what issue and on what basis or conditions this official will be questioned.  

  Article 13 Assistance costs  

     The Parties must waive all mutual claims for reimbursement of expenses incurred in the implementation of this Protocol, with the exception, if necessary, of the costs of experts and witnesses, as well as interpreters and translators who are not in public service.  

  Article 14 Implementation  

     1. Guidance on the implementation of this Protocol will be entrusted to the central customs authorities of the Republic of Kazakhstan, on the one hand, and the competent services of the Commission of the European Communities and, if appropriate, to the customs authorities of the Member States of the European Union, on the other hand. They will make decisions on all practical arrangements and agreements necessary for the implementation of the Protocol, taking into account the rules in the field of information protection. They may recommend to the Cooperation Council to amend this Protocol as they deem necessary.  

       2. The Parties will hold mutual consultations and further inform each other on the detailed rules of practical implementation adopted in accordance with the provisions of this Protocol.  

  Article 15 Complementarity  

     This Protocol will complement, rather than complicate, the application of any agreement concluded between individual or several Member States of the European Communities and the Republic of Kazakhstan. He also does not exclude the wider provision of mutual assistance under such agreements.  

       2. Without prejudice to the provisions of Article 11, these agreements shall not prejudice the provisions in force in the Community governing the transfer between the competent services of the Commission and the Customs authorities of the Member States of any information received on Customs matters of interest to the Community.  

        The final act  

Authorized representatives:         Kingdom of Belgium,         Kingdom of Denmark,         Federal Republic of Germany, Hellenic Republic,         Kingdom of Spain, French Republic, Ireland,         The Italian Republic,         The Grand Duchy of Luxembourg,         Kingdom of the Netherlands,         Of the Portuguese Republic,         The United Kingdom of Great Britain and Northern Ireland, which are Contracting Parties to the Treaty Establishing the European Community, The Treaty Establishing the European Coal and Steel Community and the Treaty Establishing the European Atomic Energy Community, hereinafter referred to as the "Member States", and the European Community, the European Coal and Steel Community and the European Atomic Energy Community, hereinafter referred to as the "Community", on the one hand, and the authorized representatives of the Republic of Kazakhstan On the other hand, having met in Brussels on January 23 in one thousand nine hundred and ninety-fifth year to sign Partnership and cooperation agreements, hereinafter referred to as the "Agreement" and establishing cooperation between the European Communities and their Member States, on the one hand, and the Republic of Kazakhstan, on the other hand, adopted the texts of the following documents:         The Agreement, including its Annexes and the following Protocol.         Protocol on Mutual assistance between Administrative authorities on Customs Issues         The Plenipotentiaries of the Member States and the Community and the Plenipotentiaries of the Republic of Kazakhstan adopted the texts of the Joint Declarations listed below and attached to this Final Act.:         Joint Declaration on Article 13 of the Agreement.         Joint Declaration on Article 23 of the Agreement.         Joint Declaration on the note to the word "control" in Article 25 (b) and Article 36 of the Agreement.         Joint Declaration on Article 42 of the Agreement.         Joint Declaration on Article 93 of the Agreement.         The plenipotentiaries of the Member States of the Community and the Plenipotentiaries of the Republic of Kazakhstan will further take into account the Declaration of the French Government attached to this Final Act: The Declaration of the French Government on its Foreign Countries and Territories.  

        Joint Declaration   regarding Article 13  

     The Community and the Republic of Kazakhstan declare that the text of the safeguard clause does not provide a GATT safeguard regime.  

  Joint Declaration   regarding article 23  

     Without prejudice to the provisions of Articles 38 and 41, the Parties agree that the words "in accordance with their laws and regulations" referred to in paragraphs 1 and 2 of Article 23 mean that each Party may regulate the establishment and operation of companies in its territory, ensuring that these rules do not create obstacles to the establishment and operation of companies. On the other Hand, there are no exceptions to the regime no less favorable than that provided to their own companies or companies, branches of companies and subsidiaries of any third Party.  

  Joint Declaration   regarding the concept of "Control"   in Article 25 (b) and Article 36  

     1. The Parties confirm their mutual understanding that the issue of control will depend on the actual circumstances of each particular case.  

       2. A company will, for example, be considered as "controlled" by another company, and thus as a subsidiary of another company, if:  

       - another company is, directly or indirectly, the holder of the majority of votes, or  

       - another company has the right to appoint or dissolve the majority of an administrative body, or a governing body, or a supervisory body, and at the same time is a shareholder or a member of a subsidiary company.  

       3. Both Parties consider the criteria in paragraph 2 to be non-exhaustive.  

  Joint Declaration   regarding Article 42  

     The Parties agree that, for the purposes of implementing this Agreement, "intellectual, industrial and commercial property" includes, in particular, copyright, including copyright in computer programs, and related rights.:  

       rights related to patents, industrial designs, geographical indications, including names of origin; trademarks and service marks, topography of integrated circuits, as well as protection from unfair competition as mentioned in Article 10 bis of the Paris Convention for the Protection of Industrial Property and the Protection of Confidential Information on Know-how.  

  Joint Declaration   regarding Article 93  

     The Parties agree, for the purposes of correct interpretation and practical application, that the term "cases of urgent necessity" included in Article 94 of the Agreement means cases of a significant violation of the Agreement by one of the Parties.  

       A significant violation of the Agreement consists in:  

       a) Renunciation of obligations under the Agreement, not authorized by the general rules of international law, or  

       b) Violation of the essential elements of the Agreement set out in Article 2.  

  Unilateral Declaration of the French Republic  

     The French Republic notes that this Agreement does not apply to foreign countries and territories associated with the European Community in accordance with the Treaty Establishing the European Community.  

     The present text of the "Partnership and Cooperation Agreement between the Republic of Kazakhstan, on the one hand, and the European Communities and their Member States, on the other hand" in Russian corresponds to the text of this Agreement in English.  

     Chief        Department of European Integration of the Department of Europe and America of the Ministry of Foreign Affairs of Kazakhstan  

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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