On the ratification of the Treaty on the Customs Union and the Single Economic Space

Home / RLA / On the ratification of the Treaty on the Customs Union and the Single Economic Space

The Law of the Republic of Kazakhstan dated June 24, 1999 N 403.

RCPI's note! The Agreement was terminated by the Law of the Republic of Kazakhstan dated December 24, 2014 No. 266-V.

To ratify the Treaty on the Customs Union and the Single Economic Space, signed in Moscow on February 26, 1999.

President of the Republic of Kazakhstan

The Agreement on the Customs Union and the Single Economic Space

The footnote. It comes into force on December 23, 1999.

The States Parties to this Treaty, hereinafter referred to as the Parties;

Guided by the Agreement between the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic and the Russian Federation on Deepening Integration in the Economic and Humanitarian Fields dated March 29, 1996, hereinafter referred to as the Agreement dated March 29, 1996, previously concluded agreements on its implementation, as well as taking into account the decisions taken by the integration management bodies;

Implementing the agreements signed between the Parties on free trade, on the common procedure for regulating foreign economic activity, on the Customs Union, on ensuring mutual convertibility and stabilization of national currency rates, on the prevention of double taxation and tax evasion on income and capital;

Based on the existing industrial, scientific and technological ties, the interdependence and complementarity of the economies;

Determined to give a new impetus to the development of closer integration and the convergence of the economies of the participating States in order to achieve social progress and improve the well-being of the peoples;

Recognizing that the removal of existing barriers and restrictions requires coordinated actions, the harmonious development of market relations between States and the creation of equal conditions and opportunities for business entities;

Reaffirming the friendly relations that bind States and peoples, desiring to ensure their prosperity, based on the principles of the Charter of the United Nations, the Charter of the Commonwealth of Independent States, the Treaty on the Establishment of the Economic Union of September 24, 1993, the norms and principles of international law;

Considering the desire of the Parties to become members of the World Trade Organization;

Respecting the sovereignty and territorial integrity of States and guaranteeing non-interference in internal affairs;

Expressing their determination to complete the formation of the Customs Union and create a Single Economic Space, we have agreed on the following:

Chapter I. Concepts and terms

Article 1

For the purposes of this Agreement, the following concepts and terms have the following meaning:

1) A single economic space is a space consisting of the territories of the Parties in which the same type of economic regulation mechanisms operate, based on market principles and the application of harmonized legal norms, there is a single infrastructure and coordinated tax, monetary, monetary, financial, trade and customs policies are implemented, ensuring the free movement of goods, services, capital and labor force;

2) single customs territory - a territory consisting of the customs territories of the Parties, in relation to which the Parties have established a Common customs tariff, uniform non-tariff regulatory measures are applied, unified customs rules are in effect, unity of management of customs services is ensured and customs control at the internal customs border is abolished;

3) the common (internal) market is a set of economic relations in a single customs territory.;

4) common customs tariff is an agreed list of uniform rates of import customs duties applied to goods imported into the customs territories of the member states of the Customs Union from third countries, systematized in accordance with the Unified Commodity Nomenclature of Foreign Economic Activity of the Commonwealth of Independent States.;

5) internal customs border - the limits of the customs territory of each of the Parties, which at the same time are the limits of the customs territory of the other Party;

6) external customs border (external perimeter) - the borders of the single customs territory of the member states of the Customs Union separating the territories of these states and the territories of states outside the Customs Union;

7) indirect taxes - value added tax and excise taxes on goods and services.

Chapter II. General provisions

Article 2

In accordance with the terms of this Agreement, the Parties undertake to complete the formation of the Customs Union and create a Single Economic Space on its basis.

Article 3

The main objectives of the formation of a Single Economic Space are:

effective functioning of the common (internal) market of goods, services, capital and labor;

creating conditions for the stable development of the structural restructuring of the economies of the Parties in the interests of improving the living standards of their populations;

implementation of coordinated tax, monetary, monetary, financial, trade, customs and tariff policies;

development of unified transport, energy and information systems;

creation of a common system of state support measures for the development of priority sectors of the economy, industrial, scientific and technological cooperation.

Article 4

The most important principles of the formation of a Single Economic Space are:

the principle of non-discrimination;

the principle of mutual benefit;

general (universal) principles: mutual assistance, voluntariness, equality, responsibility for commitments, openness.

Article 5

The formation of the Customs Union and the Single Economic Space is ensured by the following integration management bodies:

- The Interstate Council,

- The Council of Heads of Government,

- The Integration Committee,

- The Interparliamentary Committee.

Each integration management body operates within the scope of the powers defined by the Regulations on this body.

Other integration management bodies may be established by decision of the Interstate Council.

Article 6

The participating States shall coordinate the economic policy for the formation of the Customs Union and the Single Economic Space in accordance with the provisions of the Agreement of March 29, 1996, agreements concluded between the Parties and decisions taken on its implementation.

The Parties undertake to refrain from any actions that could jeopardize the achievement of the objectives of this Agreement.

Article 7

The Single Economic Space is being formed in stages. The duration of the stages, the totality of activities in each of the stages and their implementation will be determined by the Interstate Council.

The transition from stage to stage will be conditioned by the actual achievement of the specific objectives of this Agreement and the fulfillment by the Parties of their obligations under it.

The first stage is aimed at completing the formation of the Customs Union and the unified Customs territories.

The second stage involves the creation of a Single Economic Space, including the formation of a common (internal) market for goods, services, capital and labor, the implementation of a common economic policy and the creation of a unified infrastructure, and the completion of the harmonization of the legislation of the Parties ensuring the functioning of the Single Economic Space.

In the subsequent stages of economic cooperation, the Parties will strive to coordinate the parameters of the main macroeconomic indicators.

Chapter III. Completion of the formation of the Customs Union Section 1. Free trade regime for goods

Article 8

The Parties to the mutual trade ensure the full implementation of the free trade regime for goods without exceptions and restrictions on the basis of the bilateral and multilateral free trade agreements in force between the Parties.

Article 9

The Parties declare the following objectives of the functioning of the free trade regime in goods:

a) non-application of tariff and quantitative restrictions in respect of goods originating from the customs territory of one Party and exported (imported) into the customs territory of the other Party and intended for free circulation in the customs territory of the Parties;

b) the application of a unified system of indirect taxes;

c) nothing prevents one Party from temporarily applying protective measures against the import of goods from the other Party in accordance with generally accepted international norms and rules or national legislation;

d) not granting, without the consent of the Parties, to any third State that is not a party to this Treaty, a trade regime more favorable than the Parties mutually grant each other.;

e) the elimination of restrictions on competition caused by the conduct of economic entities or caused by the intervention of national and territorial authorities, to the extent that this may affect the mutual trade of economic entities of the Parties;

f) mutual non-application by the Parties of any restrictive or fiscal measures (including collective measures) that may directly or indirectly lead to discrimination against goods originating from the customs territory of one of the Parties in comparison with similar goods originating from the customs territory of the other Party.

Article 10

The Parties shall make the necessary efforts to eliminate administrative and fiscal obstacles in their territories that are of a local or regional nature and impede the normal functioning of the free trade regime in goods.

For the purposes of this article of this Agreement, nothing prevents the Parties from applying national legislation concerning entry, stay, work, establishment of firms, companies, provision of services by individuals and legal entities. At the same time, they apply the regime in such a way as not to nullify or limit the benefits received by any Party by virtue of this Agreement.

Section 2. Regulation of foreign trade in goods

Article 11

The Parties shall establish a uniform procedure for regulating foreign trade activities within the framework of their obligations under the Customs Union agreements and by harmonizing the rules and regulations provided for in bilateral agreements on a uniform procedure for regulating foreign economic activity in force between the Parties as of the date of entry into force of this Agreement.

Article 12

The unified procedure for regulating foreign trade activities and making coordinated decisions on its simultaneous modification and addition includes the following areas:

1) tariff regulation of foreign trade activities;

2) non-tariff regulatory measures in trade with third countries;

3) establishment of a trade regime in relations with third countries;

4) indirect taxation of foreign trade transactions with third countries;

5) currency regulation of foreign trade operations.

Article 13

The Parties will conclude relevant agreements in follow-up to the Decision of the Council of Heads of Government of January 22, 1998 No. 2 "On the Common Customs Tariff of the States Parties to the Customs Union Agreements".

The Parties apply an agreed system of tariff privileges and tariff preferences in trade with third countries, including a uniform procedure for making amendments and additions to it.

The Parties agreed that the procedure for the collection and receipt of customs duties, taxes and fees having equivalent effect will be determined by separate agreements.

When preparing the above-mentioned agreements, the Parties will take into account the decisions taken and subsequent agreements that will be reached by the Parties on this issue on a bilateral and multilateral basis.

Article 14

The Parties shall observe a uniform procedure for the application of non-tariff regulatory measures in trade with third countries and, for this purpose, fully apply the Agreement on Uniform Non-Tariff Regulatory Measures in the Formation of the Customs Union of October 22, 1997.

The unified procedure for regulating foreign trade activities does not apply to trade between the Parties in arms, military equipment and other military products, nuclear materials, equipment, special non-nuclear materials and related technologies, as well as dual-use goods and technologies specified in Article 5 of the Agreement on Common Non-Tariff Regulatory Measures during the Formation of the Customs Union. For this purpose, the Parties will conclude a separate Agreement.

Article 15

With regard to trade in goods with third countries, the Parties are taking coordinated actions to gradually establish a single trade regime.

The Parties usually carry out changes in the trade regime with respect to third countries, the introduction or cancellation of tariff and non-tariff restrictions in trade in goods, including the introduction or cancellation of time restrictions. To this end, the Parties will sign relevant protocols.

In trade with countries with which one of the Parties has a free trade agreement, this Party shall coordinate with the other Parties to this Agreement lists of exemptions and restrictions from the free trade regime or forms of compensation resulting from the existing discrepancy between the trade regimes.

The Parties' independent negotiations on joining the World Trade Organization and the process of their integration into international economic and financial structures should not be an insurmountable obstacle in their efforts to ensure the gradual harmonization of trade regimes.

In order to achieve the necessary level of coordination of negotiating positions, the Parties will effectively use the mechanism of regular consultations provided for in the Protocol on International Trade Negotiations of the Member States of the Customs Union upon Accession to the World Trade Organization of June 3, 1997 and decision of the Interstate Council of April 28, 1998 No. 27.

Article 16

The Parties apply a single system of indirect taxes levied in trade with third countries.

The rates of indirect taxes on exported and imported goods do not exceed the similar rates imposed on goods of national production.

In trade with third countries, the Parties are switching to levying indirect taxes based on the principle of the country of destination.

When importing and exporting goods in trade with third countries, the Parties refrain from providing individual tax benefits in terms of the rates and procedure for levying value-added tax and excise taxes on excisable goods.

Either Party has the right to request information from the other Party regarding the application of rates and the mechanism of tax collection, tax benefits provided for residents and non-residents engaged in trade operations with goods from third countries and receive it within thirty calendar days.

Article 17

The Parties apply an agreed procedure for currency regulation in foreign trade operations based on monitoring the legislation in force in the participating States in this area, on the regular exchange of information between central (national) banks, including other information on current and capital transactions of the balance of payments.

In the future, the Parties will develop a separate Agreement on the application of a common system of currency supervision.

Article 18

The Parties confirm that a unified procedure for regulating foreign trade activities will be established as legislation is unified, taking into account the current and long-term foreign trade, economic interests and potentials of the Parties.

All amendments and additions to the unified procedure for regulating foreign trade activities in the areas specified in Article 12 of this Treaty are made by agreement of the Parties at the stage of draft decisions of the Governments of the Parties.

The Parties have the right to impose individual temporary restrictions on trade with third countries in accordance with generally accepted international norms and rules.

Such measures are temporary and will be applied in accordance with the procedures established by the Parties.

Article 19

The Parties consider the application of a unified procedure for regulating foreign trade activities as the most important basis and necessary condition for establishing a free trade regime on a reciprocal basis without exceptions and restrictions.

The withdrawal of one of the Parties from the regime of the unified procedure for regulating foreign trade activities provided for in Articles 11-18 of this Treaty may be considered by the Party or the Parties as the basis for initiating the issue of termination of the free trade regime without exceptions and restrictions in respect of this Party.

Section 3. The Customs Union

Article 20

The Parties confirm that their desire to ensure the completion of the formation of the Customs Union is based on the functioning of the free trade regime, the phased establishment of a unified procedure for regulating foreign trade activities and the fulfillment of obligations arising from the principles and provisions of the agreements on the Customs Union.

Article 21

The Parties, in accordance with generally recognized international norms and rules, establish the Customs Union as a trade and economic association having:

a) a single customs territory;

b) the general customs tariff;

c) a regime that does not allow any tariff or non-tariff restrictions (licensing, quotas) in mutual trade, except for the cases stipulated by this Agreement;

d) simplification and subsequent abolition of customs control at internal customs borders;

e) the same type of mechanisms for regulating the economy and trade, based on universal market principles of management and harmonized economic legislation;

f) management bodies;

g) a common customs policy and the application of common customs regimes.

At the stage of formation of the Customs Union, its executive body will be the Integration Committee.

Article 22

After fulfilling the conditions provided for in Article 21, goods imported from third countries into the single customs territory and released for free circulation in one of the participating States will not be restricted to movement across internal customs borders.

The Parties will unify the norms and rules of customs clearance and control in respect of goods originating from third countries, and sign relevant documents on simplification and subsequent abolition of customs clearance and control at internal customs borders.

During the customs clearance of goods transported by individuals across the internal borders of the Customs Union, the Parties will be guided by the Protocol on the Simplified Customs Clearance Procedure of January 22, 1998 and will subsequently cancel customs clearance and customs control of goods at the internal customs borders. To this end, the Parties will sign the relevant documents.

Article 23

The parties will determine by additional agreements the time frame for completing the formation of the Customs Union, taking into account generally recognized international norms and rules.

When establishing trade regimes with third countries, the Parties will provide each other with preferential treatment by withdrawing from the most-favored-nation regime in favor of the Parties forming the Customs Union.

Article 24

The Parties will ensure the unification of the customs territories of the Parties into a single customs territory after completing the creation of the necessary legal, economic and international conditions for this.

To this end, the Parties agreed to conclude an agreement on the completion of the creation of the Customs Union, which regulates the mechanism of functioning of the single customs territory.

Chapter IV. Creation of a single economic space Section 4. General economic policy and infrastructure development

Article 25

The Parties shall agree on the main directions and stages of structural restructuring of the economies of the participating states, ensuring the effective use of production potential, the formation of a favorable investment climate, support for highly efficient industries, the implementation of coordinated antimonopoly, tax and financial policies, as well as the creation of conditions for fair competition within the framework of the Single Economic Space.

Article 26

The Parties shall create the necessary conditions for the stable economic development of the States parties to this Treaty, provide coordinated state support to their priority industries and industries, and effectively convert and reform defense enterprises.

Article 27

Various forms of subsidies (assistance) provided by a participating State in the form of grants or at the expense of public resources that disrupt or threaten to disrupt competition by creating more favorable conditions for certain enterprises or the production of certain types of goods are considered incompatible with the principles of the Single Economic Space to the extent that they affect trade between the Parties, except cases:

social assistance provided to individual consumers, provided that it is provided without

discrimination;

assistance aimed at compensating for damage caused by natural disasters and any other natural or man-made emergencies;

subsidies aimed at promoting the socio-economic development of regions where the standard of living in the relevant State is below the subsistence level determined by each Party, or where low employment is noted.;

subsidies aimed at facilitating the implementation of a project of interstate importance or designed to correct a serious violation in the economy of a participating State;

other types of subsidies (assistance) that may be determined by the decision of the Interstate Council.

Article 28

The parties will apply a unified system of indirect taxes in mutual trade based on the principle of the country of destination, for which they will conclude an appropriate agreement.

The rates of indirect taxes on imported goods in mutual trade should not exceed the tax rates imposed on similar goods of domestic production.

Article 29

In order to implement an agreed excise policy, the Parties will adhere to the basic list of excisable goods produced and imported into the customs territories of the participating States.

Article 30

In order to ensure the completeness of tax collection, as well as the exchange of information between the tax authorities of the States Parties to this Treaty, the Parties shall implement the provisions of the Agreement on Cooperation and Mutual Assistance in Matters of Compliance with the Tax Laws of the Parties dated March 25, 1998 and Decision of the Council of Heads of Government of January 22, 1998 No. 4 based on the principles of interaction between the tax services of the States Parties. The Agreement dated March 29, 1996.

Article 31

State regulation of the economy of the Parties is aimed at carrying out institutional transformations, effective management of property, regulation of economic relations with the banking sector, creation of new mechanisms for attracting financial resources, and streamlining interstate settlements.

Article 32

The parties will promote the creation of effective complementary industries, taking into account the economic interests of the States.

Article 33

The Parties will take measures to prevent one or more business entities from abusing their dominant position in order to prevent:

the use of unfair competition methods;

restrictions on production, markets, or technological development to the detriment of consumers;

the application of unequal conditions to equivalent transactions with other trading partners, thus putting them at a competitive disadvantage.

In case of detection of dumping practices, the affected Party has the right to take appropriate protective measures, which are defined by national legislation, in agreement with the Parties.

Article 34

The Parties are creating a Transport Union in accordance with the Agreement between the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic and the Russian Federation on the formation of a Transport Union dated January 22, 1998.

The Parties define the Transport Union as an integrated system of transport complexes of the Parties operating on the basis of mutually agreed technologies and parameters and a unified regulatory framework.

The creation of the Transport Union will be carried out in stages, as integration processes deepen, and involves the implementation of measures to ensure legal, economic and organizational conditions for the unhindered movement of vehicles, the transportation of passengers and cargo between the Parties and the transit of goods through their territories.

The formation of the Transport Union of the participating States is completed during the second stage.

Article 35

The Parties will carry out transit in accordance with the Agreement on Uniform Conditions of Transit through the Territories of the Member States of the Customs Union dated January 22, 1998.

Article 36

The participating States will pursue a coordinated agricultural policy and jointly finance programs and projects that ensure the development of agricultural production and raw materials in accordance with the list agreed upon by the Parties.

When conducting a common agricultural policy, the Parties take into account:

- the need to ensure the food security of the States parties to the Treaty;

- the special nature of agricultural activity, due to the industrial and social structure of agriculture, as well as the natural features of the Parties;

- the need to improve the structure of agricultural production.

Section 5. The general market of services

Article 37

The participating States will strive to provide each other with a national regime of access to the services market on a reciprocal basis.

The Parties shall gradually eliminate existing restrictions on access to national markets of services within the framework of the Single Economic Space for legal entities and individuals of the States Parties to this Agreement.

To this end, the Parties will adopt a common program for the development of trade in services within the framework of the Single Economic Space, in the preparation of which they will adhere to generally recognized international norms and rules.

Article 38

The Parties will pursue a coordinated policy of trade in services in relation to third countries.

When establishing a trade regime for services with third countries, the Parties will grant each other preferential treatment by withdrawing from the most-favored-nation regime in favor of the Parties forming the Customs Union.

Section 6. Common labor market and social policy

Article 39

The Parties will ensure the free movement of citizens of the participating States within the Single Economic Space.

Free movement presupposes the abolition of any discrimination against citizens of the Parties and the creation of a unified legal regime in terms of employment, remuneration, other working conditions and employment.

This suggests the possibility of:

- to move freely, while engaged in labor activity, on the territory of the Parties;

- simplify the procedures for accepting and renouncing citizenship as much as possible;

- providing citizens of the Parties permanently residing in the territory of either Party with a legal status as close as possible to that of citizens of the country of residence;

- freely cross the borders and stay in the territory of the Parties on the passport of a citizen of one of them;

- establish uniform standards for the carriage of foreign currency and duty-free baggage across the borders of the participating States;

- apply national regimes to citizens of the participating States when crossing their borders;

- stay in one of the participating States, engaging in labor activity in accordance with the legislation governing the employment of citizens of that State.;

- to remain in the territory of one of the participating States after completing employment in that State.

To this end, the Parties will sign relevant agreements.

Article 40

The Parties agreed that the length of service of citizens engaged in work in the territory of the participating States is counted in the total length of service, including when calculating pensions and benefits.

Article 41

Each of the Parties undertakes obligations not to impose, without agreement with the other Parties, additional restrictions on the right to choose a place of residence and economic activity on their territory for citizens of other participating States from the date of signing this Agreement.

The Parties will gradually lift restrictions on the right to choose a place of residence and economic activity, including the right to establish legal entities by citizens of the participating States in each other's territories.

Article 42

The parties will pursue a common visa policy with respect to third countries, including in order to prevent uncontrolled migration. To this end, the Parties will conclude relevant agreements.

Article 43

Each of the Parties will provide citizens of the other Parties with free emergency medical care when staying in the territories of these States. To this end, the Parties will conclude relevant agreements.

Article 44

The Integration Committee, in cooperation with the Governments of the Parties, will study and analyze problems related to the social sphere, and based on the results, submit conclusions and recommendations to the Council of Heads of Government on the following issues::

- employment;

- Labor legislation and working conditions;

- professional training and professional development;

- development of minimum standards of social protection;

- prevention of industrial accidents and occupational diseases;

- occupational hygiene;

- the rights to form professional associations and conclude collective agreements.

Article 45

The Parties will ensure the creation of an agreed system of education, advanced training, training and retraining of personnel, uniform rules and conditions for admission to general education and vocational schools, higher education institutions, postgraduate studies, as well as mutual recognition and equivalence of educational documents, academic degrees and titles.

Section 7. Capital movement

Article 46

By implementing agreements on the mutual convertibility of national currencies, the Parties will continue to consistently liberalize monetary policy in terms of lifting restrictions on the use of the currency of other states for current transactions, introducing a single exchange rate of the national currency for current balance of payments transactions, allowing non-resident banks to enter domestic foreign exchange markets, lifting restrictions on the import and export of national currency by authorized banks, and to join Article 8 of the Statute of the International Monetary Fund. In order to implement measures to ensure the interaction of national monetary and financial systems and upon completion of these activities, the Parties will sign relevant protocols.

Article 47

The Parties implement the provisions of the agreements on the elimination of double taxation and the prevention of tax evasion on income and capital.

Article 48

The parties will agree on a mechanism for setting the exchange rates of national currencies.

Article 49

The parties are forming a payment system of the participating states to service payments for trade turnover in the interstate and business spheres, non-trade operations, transport, communications and other industries, as well as for government, banking and commercial loans, and currency exchange operations.

Article 50

Each of the Parties has the right to take temporary protective measures in the field of capital movement with immediate notification to the other parties to the Agreement if the existing capital movement causes disruptions in the functioning of the internal capital market.

Article 51

The Parties will strive to increase the degree of liberalization of capital flows as the economic situation of the participating States improves.

The Parties will not introduce new restrictions in the field of foreign exchange transactions in addition to the existing ones, which would impede the movement of capital and related current payments, nor will they increase restrictions in the existing rules.

The possibility of temporary non-application of the provisions of this article will be regulated by separate agreements.

Section 8. Scientific, technological and information development

Article 52

The Parties will implement a coordinated scientific and technological policy. To this end, they will adopt a joint program on priority areas for the implementation of national scientific research, technological developments and pilot productions in order to integrate and further develop the scientific and technological potentials of the participating States.

Article 53

The joint program is implemented through specific programs developed in the main areas of activity. Each program defines the ways to implement it, sets deadlines, and provides sources of funding.

The coordination of scientific research and the implementation of joint programs is carried out at the national level in cooperation with the Integration Committee.

Article 54

The financing of scientific research of a fundamental and applied nature, implemented under interstate programs and projects, is carried out on the basis of a state order and on commercial terms, as well as through joint financing.

The parties will create a unified system of scientific, technical, economic and legal information and relevant databases.

Article 55

The Parties will ensure freedom of exchange and distribution of radio and television programs and other mass media on the territory of the Parties, access of legal entities and individuals to telecommunications systems, taking into account the national interests of the Parties, expansion of information exchange with third countries, and conclude relevant agreements.

Chapter V. Convergence and unification of legislation

Article 56

The Parties shall take agreed measures to bring together and unify the legislative and other legal acts of the Parties (hereinafter referred to as legislative harmonization measures), which have a direct impact on the Parties' compliance with the provisions of this Agreement.

In order to bring the legislation closer and unify, the Parties will take measures, including:

a) coordination of activities related to the preparation of draft legislative and other legal acts, including draft legal acts on amendments to laws and other acts;

b) conclusion of international agreements;

c) adoption of model acts;

d) adoption of relevant decisions by the Interstate Council or the Council of Heads of Government;

e) other measures that the Parties consider appropriate and possible, subject to the approval of such measures by the Interstate Council.

Article 57

The Interstate Council decides which legislative and other legal acts of the Parties, taking into account the object and objectives of this Treaty, are subject to convergence and unification, establishes the sequence of implementation of appropriate measures to harmonize legislation. Such decisions may provide for the adoption of measures to harmonize legislation both in relation to specific acts in force in the territories of the Parties and in relation to certain areas of legal regulation.

The Interstate Council also resolves the question of what measures to harmonize legislation should be applied in relation to the relevant legislative and other legal acts of the Parties or, taking into account the decisions taken by the Interstate Council, the relevant area of legal regulation.

Article 58

In cases where, in the general opinion of the Parties, this is necessary and justified, the Interstate Council has the right to adopt:

a) decisions establishing uniform rules for the States Parties to this Treaty, which are binding in all their parts and are subject to direct application by the States Parties;

b) resolutions that are binding on the State Party or the States Parties to which they are addressed, with regard to the expected result, while preserving the freedom of choice of forms and methods of action for the bodies of the Parties.;

c) recommendations that are not mandatory.

Article 59

The decisions provided for in Articles 57 and 58 of this Treaty shall be taken by the Interstate Council on the basis of proposals of the Integration Committee submitted after consultations with the Interparliamentary Committee and approved by the Council of Heads of Government.

Proposals on measures to harmonize legislation submitted by the Interparliamentary Committee are subject to preliminary consideration by the Integration Committee, which, after consultations with the Interparliamentary Committee, submits relevant recommendations to the Council of Heads of Government. This provision does not limit the right of the Inter-Parliamentary Committee to adopt model acts of a recommendatory nature, as provided for in article 22 of the Treaty of March 29, 1996.

Proposals for measures to harmonize legislation should be based on an impartial and comprehensive assessment of the situation in the relevant area of legal regulation in the context of relations between the participating States and the problems arising in this regard, in order to implement the objectives and principles of this Treaty.

Article 60

The powers of the Interstate Council granted to it on the basis of article 57 and paragraphs b) and c) of Article 58 of this Treaty may be delegated to the Council of Heads of Government, provided that the Interstate Council takes an appropriate decision.

Chapter VI. Final provisions

Article 61

In the event of an action or threat of action by third countries capable of causing economic damage to one or more States parties to the Treaty, Governments, on the proposal of one or more Parties, immediately begin consultations to develop agreed measures to prevent economic damage or the threat of such damage.

Article 62

This Agreement does not affect the obligations of the Parties under previously concluded international agreements with third countries, including within the framework of the Commonwealth of Independent States.

Article 63

This Treaty is open for accession by any State that recognizes its principles and declares its readiness to assume in full the obligations arising from this Treaty and has sent a corresponding request to the Interstate Council through the depositary. The conditions for the accession of a third State to the Treaty are determined by the relevant decision of the Interstate Council.

Article 64

The Parties may submit proposals to the Interstate Council on amendments and additions to this Agreement.

The Interstate Council shall unanimously adopt decisions on amendments and additions to this Treaty, which shall enter into force after their ratification by all participating States.

Article 65

This Agreement is subject to registration with the UN Secretariat.

Article 66

The Parties shall resolve disputes arising in the course of fulfilling the obligations of the Parties, interpreting and applying the provisions of this Agreement, through consultations, negotiations or in any other way they agree.

The Parties will conclude an Agreement on the liability of the Parties for non-fulfillment of obligations arising from this Agreement.

Article 67

The seat of the integration management bodies is established by the Interstate Council. The governing bodies operate on the territory of the participating States in accordance with separate agreements on the conditions of stay.

Article 68

The Integration Committee is the depositary of this Agreement.

Article 69

Each Party may withdraw from this Agreement by notifying the depositary in writing no later than 12 months before the withdrawal date.

Article 70

This Treaty is subject to ratification and enters into force for the States that have ratified it, from the date of receipt by the depositary of the instrument of ratification from a third State Party.

For each of the other States parties to the Treaty, it shall enter into force on the date of receipt by the depositary of its instrument of ratification.

For the Republic of Tajikistan, this Treaty shall enter into force upon receipt by the depositary of the instrument of ratification by the Republic of Tajikistan of this Treaty and completion of the legal formalization of its accession to the agreements on the Customs Union dated January 6 and 20, 1995.

Done in Moscow on February 26, 1999, in a single copy in the Belarusian, Kazakh, Kyrgyz, Russian and Tajik languages, all texts being equally authentic. In case of disagreement between the Parties on the text of this Agreement, the Parties will use the text in Russian.

The original copy of the Agreement is kept in the Integration Committee, which sends a certified copy to each signatory State.

President

Republic of Kazakhstan

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