Part I Main text of the International Convention on the Harmonized Commodity Description and Coding System of the Law on the Accession of the Republic of Kazakhstan to the International Convention on the Harmonized Commodity Description and Coding System and the Protocol on Amendments to the International Convention on the Harmonized Commodity Description and Coding System
(done in Brussels on June 14, 1983)
The preamble
The Contracting Parties to this Convention, developed under the guidance of the Customs Cooperation Council, desiring to promote international trade, desiring to simplify the collection, comparison and analysis of statistical data, especially related to international trade, desiring to reduce the costs caused by the re-description, classification and coding of goods during their transition from one classification system to another in the process of international trade, and contribute to the standardization of foreign trade documentation and the transmission of statistical data, Whereas changes in the technology of production of goods and the structure of international trade necessitate significant changes to the Convention on Nomenclature for the Classification of Goods in Customs Tariffs, concluded in Brussels on December 15, 1950, taking into account also that the level of detail required by Governments and trade circles for use in customs and statistical purposes has gone beyond that, as provided for by the Nomenclature attached to the aforementioned Convention, Recognizing the importance of accurate and comparable data for conducting international trade negotiations, considering that it is advisable to use the Harmonized System for transport tariffs and statistics of cargo transportation by various modes of transport, considering that the Harmonized System is intended to be used as widely as possible in other commodity description and coding systems, bearing in mind that the Harmonized System is designed to facilitate the establishment of the close relationship between foreign trade statistics and production statistics, Considering that a close relationship should be maintained between the Harmonized System and the United Nations Standard International Trade Classification (CMTC), considering it desirable to meet the above needs through the use of a combined tariff and statistical nomenclature suitable for use by interested participants related to international trade, recognizing the importance of taking into account in the Harmonized System changes in the technology of production of goods or services the structure of international trade, Taking into account the work done in this area by the Committee on the Harmonized System established by the Customs Cooperation Council, considering that since the above-mentioned Convention on Nomenclature has proved to be an effective tool for achieving some of these goals, the best way to achieve the desired results is to conclude a new international convention, we have agreed as follows:
Article 1 Definitions
For the purposes of this Convention: (a) "Harmonized Commodity Description and Coding System", hereinafter referred to as the "Harmonized System", means the Nomenclature, including headings, subheadings and related numeric codes, notes to sections, groups and subheadings, as well as the Basic Rules of Interpretation of the Harmonized System, given in The Annex to this Convention; (b) "customs and tariff nomenclature" means the nomenclature adopted in accordance with the legislation of a Contracting Party for the collection of customs duties on the import of goods; (c) "statistical nomenclatures" means the commodity nomenclatures adopted by a Contracting Party for the collection of statistical data on the import and export of goods; (d) "combined tariff and statistical nomenclature" means a nomenclature combining customs tariff and statistical nomenclatures, which, in accordance with its legislation, a Contracting Party requires to be used when declaring imported goods; (e) "Convention on the Establishment of the Council" means the Convention on the Establishment of the Customs Cooperation Council, concluded in Brussels on December 15, 1950.(f) "Council" means the Customs Cooperation Council referred to in paragraph (e) of this article; (g) "Secretary-General" means the Secretary-General of the Council; (h) "ratification" means the actual ratification, acceptance or approval.
Article 2 Annex
The annex to this Convention is an integral part of it, and any reference to this Convention means equally a reference to this annex.
Article 3 Obligations of the Contracting Parties
1. Subject to the exceptions listed in Article 4: (a) each Contracting Party to this Convention undertakes, except in cases where the provisions of subparagraph (c) of this paragraph apply, that its Customs tariff and statistical nomenclatures will comply with the Harmonized System from the date of entry into force of this Convention in respect of that Contracting Party. Thus, it undertakes in relation to its customs, tariff and statistical nomenclatures: (i) to use all commodity items and subheadings of the Harmonized System, as well as the digital codes related thereto, without any additions or changes; (ii) to apply the Basic Rules of Interpretation of the Harmonized System, as well as all notes to sections, groups, product items and subheadings and do not change the contents of sections, groups, product items or subheadings of the Harmonized System; (iii) comply with the coding procedure adopted in the Harmonized System; (b) each Contracting Party will also publish its statistics on the import and export of goods in accordance with the six-digit code of the Harmonized System or, at the request of the Contracting Party, at a deeper classification level, if the restriction of such publications is not caused by special cases such as, for example, maintaining a trade secret or not harming the interests of state security.; (c) Nothing in this Article obliges a Contracting Party to use the subheadings of the Harmonized System in its Customs and tariff nomenclature, provided that its combined tariff and statistical nomenclature complies with the requirements specified in subparagraphs (a) (i), (a) (ii) and (a) (iii). 2. In accordance with the requirements of subparagraph (a) of paragraph 1 of this Article, each Contracting Party may make such changes to the text as it deems necessary to ensure that the provisions of the Harmonized System are enshrined in its national legislation. 3. Nothing in this Article prohibits a Contracting Party from creating subsections in its customs tariff or statistical nomenclatures for a deeper classification of goods than in the Harmonized System, provided that any such subsections are supplemented and coded in excess of the six-digit numeric code given in the Annex to this Convention.
Article 4 Partial application by developing countries
1. Any Contracting Party that is a developing country may defer the application of some or all of the subheadings of the Harmonized System for such period as it may require, taking into account the structure of its foreign trade or the potential of its management system. 2. Any Contracting Party, which is a developing country, which decides to partially apply the Harmonized System in accordance with the provisions of this Article, agrees to take all measures to apply the six-digit Harmonized System in full within five years from the date on which this Convention enters into force in respect of that country, or in any other country. any other period that it deems necessary, taking into account the provisions of paragraph 1 of this article. 3. Any Contracting Party that is a developing country that decides to partially apply the Harmonized System in accordance with the provisions of this Article shall apply either all two-hyphenated subheadings relating to any one-hyphenated subheading, or none of them, as well as all single-hyphenated subheadings relating to any heading, or none of them. In such cases of partial application, the sixth character or the fifth and sixth characters corresponding to the unused part of the code of the Harmonized System are replaced by "0" or "00", respectively. 4. A developing country that decides to partially apply the Harmonized System in accordance with the provisions of this Article, upon becoming a Contracting Party, shall notify the Secretary-General of those subheadings that it will not apply from the date of entry into force of this Convention in respect of it, and shall also notify the Secretary-General of those subheadings that it will apply. afterwards. 5. Any developing country that decides to partially apply the Harmonized System in accordance with the provisions of this article, upon becoming a Contracting Party, may notify the Secretary-General that it formally undertakes to apply the six-digit Harmonized System in full three years after the date of entry into force of this Convention in respect of it. 6. Any Contracting Party that is a developing country that partially applies the Harmonized System in accordance with the provisions of this Article shall be exempt from the obligations arising from Article 3 with respect to subheadings that it does not apply.
Article 5 Technical assistance to developing countries
A Contracting Party that is a developed country shall, upon request, provide technical assistance to developing countries on mutually agreed terms, in particular in the field of personnel training, bringing their national nomenclatures into line with the Harmonized System, and make recommendations on maintaining such national nomenclature systems as recently amended in the Harmonized System or on the application of the provisions of this Convention.
Article 6 Committee on the Harmonized System
1. In accordance with this Convention, a Committee, called the Harmonized System Committee, is established and consists of representatives of each Contracting Party. 2. The Harmonized System Committee usually meets at least twice a year. 3. Its meetings shall be convened by the Secretary-General and held at the headquarters of the Council, unless the parties to this Convention agree on another venue. 4. Each Contracting Party has one vote in the Harmonized System Committee.; Nevertheless, for the purposes of this Convention and without prejudice to any future convention, the Contracting Parties, which may be a customs or economic union, as well as one or more member States of such a union, have jointly only one vote. Similarly, when all member States of a customs or economic union that has the right to become a Contracting Party become Contracting Parties in accordance with the provisions of paragraph (b) of Article 11, they jointly have only one vote. 5. The Harmonized System Committee elects its Chairman, as well as one or more Vice-Chairmen. 6. The Committee shall establish its rules of procedure by a decision adopted by a majority of at least two thirds of the votes of its members. The regulations adopted in this way are approved by the Council. 7. The Committee shall invite such intergovernmental or other international organizations as it deems necessary to participate in its work as observers. 8. If necessary, the Committee shall establish subcommittees or working groups, taking into account, in particular, the provisions of subparagraph (a) of paragraph 1 of article 7, and determine the composition, voting rights and rules of procedure of such subcommittees or working groups.
Article 7 Functions of the Committee
1. Subject to the provisions of article 8, the Harmonized System Committee shall perform the following functions: (a) propose such amendments to this Convention as it deems desirable, taking into account, in particular, the needs of users and changes in the technology of production of goods or the structure of international trade; (b) develop Clarifications, Classification Decisions and other recommendations necessary for interpretation of the Harmonized System; (c) develops recommendations to ensure uniform interpretations and application of the Harmonized System; (d) collates and disseminates information related to the application of the Harmonized System; (e) provides information or recommendations to Contracting Parties, member States of the Council, as well as intergovernmental or other international organizations on its own initiative or upon request. on any issues related to the classification of goods in the Harmonized System that the Committee may deem necessary; (f) submit a report on its activities at each session of the Council, including proposed amendments, Clarifications, Classification Decisions and other proposals; (g) exercise such other powers and functions as the Council or the Contracting Parties may deem necessary with respect to the Harmonized System. 2. Administrative decisions of the Harmonized System Committee that require budgetary allocations are subject to approval by the Council.
Article 8 The role of the Council
1. The Council shall consider proposals for amendments to this Convention developed by the Committee on the Harmonized System and recommend them to the Contracting Parties in accordance with the procedure provided for in Article 16, unless a member of the Council who is a Contracting Party to the Convention requests that these proposals or part of them be referred to the Committee for reconsideration. 2. Explanations, Classification decisions, other advice on the interpretation of the Harmonized System and recommendations aimed at ensuring a uniform interpretation and application of the Harmonized System, which were prepared during the session of the Committee on the Harmonized System in accordance with the provisions of paragraph 1 of Article 7, shall be considered approved by the Council if, after one month following the month of the closure of the session, neither One of the Contracting Parties to this Convention will not notify the Secretary-General that it requires that the matter be referred to the Council for consideration. 3. When a matter is referred to the Council for consideration in accordance with the provisions of paragraph 2 of this Article, the Council shall approve the said Clarifications, Classification Decisions, other advice or recommendations, unless a member of the Council who is a Contracting Party to this Convention requests that they be referred in whole or in part to the Committee for reconsideration.
Article 9 Rates of customs duties
The Contracting Parties, in accordance with this Convention, do not assume any obligations with regard to the rates of customs duties.
Article 10 Dispute settlement
1. Any disputes between the Contracting Parties concerning the interpretation or application of this Convention shall be settled, as far as possible, through negotiations between them. 2. Any disputes that are not settled in this way are referred by the parties involved in these disputes to the Harmonized System Committee, which reviews these disputes and makes recommendations for their settlement. 3. If the Harmonized System Committee is unable to resolve the dispute, it refers it to the Council, which makes recommendations in accordance with paragraph (e) of article III of the Convention establishing the Council. 4. The parties to the dispute may agree in advance to consider the recommendations of the Committee or the Council as binding.
Article 11 Obtaining the status of a Contracting Party
Contracting Parties to this Convention may be: (a) member States of the Council; (b) customs or economic unions competent to conclude treaties dealing with some or all of the matters governed by this Convention; and (c) any other State to which the Secretary-General sends an invitation at the direction of the Council.
Article 12 Procedure for obtaining the status of a Contracting Party
1. Any State, customs union or economic union entitled to do so may become a Contracting Party to this Convention by: (a) signing it without reservation of ratification; (b) depositing an instrument of ratification after signing the Convention with reservation of ratification; or (c) acceding to it after how this Convention ceased to be open for signature. 2. This Convention shall be open for signature by the States and customs or economic unions referred to in Article 11 until December 31, 1986. at the Council's headquarters in Brussels. After that date, it will be open for accession. 3. The instruments of ratification or accession shall be deposited with the Secretary-General.
Article 13 Entry into force
1. This Convention shall enter into force on January 1 of the following year, at least twelve and not more than twenty-four months after at least seventeen States, customs or economic unions referred to in Article 11 have signed it without reservation of ratification or have deposited their instruments of ratification or accession, but not earlier January 1, 1987 2. In respect of any State, customs union or economic union that signs this Convention without reservation of ratification, ratifies it or accedes to this Convention after the number of its members reaches the minimum number specified in paragraph 1 of this article, this Convention shall enter into force on January 1 of the next year after the expiration of at least twelve and not less than more than twenty-four months after this state, A customs or economic union shall sign this Convention without reservation of ratification or deposit an instrument of ratification or accession, unless an earlier date is agreed. However, the effective date resulting from the provisions of this paragraph may not precede the date provided for in paragraph 1 of this article.
Article 14 Application by dependent Territories
1. Any State may, either at the time when it becomes a Contracting Party to this Convention, or subsequently notify the Secretary-General that this Convention applies to all or some of the Territories whose international relations are under its jurisdiction and which are indicated in this notification. This notification shall enter into force on January 1 of the following year after the expiration of not less than twelve and not more than twenty-four months from the date of its receipt by the Secretary-General, unless it specifies an earlier date. However, this Convention may not apply to these Territories until it enters into force in respect of the State concerned. 2. This Convention shall terminate in respect of the said Territory from the moment when the international relations of that Territory cease to be under the jurisdiction of that Contracting Party, or from any earlier date that may be notified to the Secretary-General in accordance with the procedure provided for in Article 15.
Article 15 Denunciation
This Convention is open-ended. However, any Contracting Party may denounce it, and such denunciation shall take effect one year after receipt by the Secretary-General of the notification of denunciation, unless a later date is specified therein.
Article 16 Amendment procedure
1. The Council may recommend that the Contracting Parties amend this Convention. 2. Any Contracting Party may notify the Secretary-General of its disagreement with the recommended amendment and may subsequently withdraw this objection within the time limit provided for in paragraph 3 of this Article. 3. Any recommended amendment shall be deemed to have been accepted six months after the date of notification of the amendment by the Secretary-General, provided that no objections have been raised by the end of that period. 4. The adopted amendments shall enter into force in respect of all Contracting Parties on the following dates: (a) if notification of the recommended amendment is received before April 1, as from January 1 of the year following the year in which such notification was served; or (b) if notification of the recommended amendment is received on 1 April or later - from January 1 after the year following the year in which such notification was served. 5. The statistical nomenclatures of each Contracting Party and its customs and tariff nomenclature or, in the case provided for in subparagraph (c) of paragraph 1 of Article 3, its combined tariff and statistical nomenclature must be brought into line with the Harmonized System, taking into account the amendments made to it, within the time period specified in paragraph 4 of this Article. 6. Any State, customs union or economic union that signs, ratifies or accedes to this Convention without reservation of ratification shall be deemed to have accepted any amendments that, at the time when that State or union becomes a Contracting Party, have entered into force or have been adopted in accordance with the provisions of paragraph 3 of this Article.
Article 17 Rights of the Contracting Parties in relation to the Harmonized System
In any matters relating to the Harmonized System, the provisions of Article 6, paragraph 4, Article 8, and Article 16, paragraph 2, shall grant any Contracting Party the rights: (a) with respect to all parts of the Harmonized System that it applies in accordance with the provisions of this Convention; or (b) until the date of entry into force of this Convention for it. In accordance with the provisions of article 13 of the Convention, in respect of all sections of the Harmonized System that it is required to apply on the specified date in accordance with the provisions of this Convention.; or (c) in respect of all parts of the Harmonized System, provided that it has formally committed itself to apply the six-digit Harmonized System in its entirety during the three-year period referred to in paragraph 5 of Article 4 and up to the expiration of that period.
Article 18 Reservations
No reservations to this Convention are permitted.
Article 19 Notifications by the Secretary-General
The Secretary-General shall notify the Contracting Parties, the other signatory States, the Member States of the Council that are not Contracting Parties to this Convention and the Secretary-General of the United Nations of: (a) notifications received in accordance with Article 4; (b) cases of signature, ratification and accession that have taken place in accordance with Article 12.(c) the date of entry into force of this Convention in accordance with article 13; (d) notifications provided for in article 14; (e) denunciations provided for in article 15; (f) amendments to this Convention in accordance with article 16; (g) disagreements with amendments recommended in accordance with article 16, as well as their possible withdrawal; (h) amendments adopted in accordance with article 16, as well as the date their entry into force.
Article 20 Registration with the United Nations
In accordance with Article 102 of the Charter of the United Nations, upon presentation by the Secretary General of the Council, this Convention is subject to registration with the UN Secretariat. In witness whereof, the undersigned, being duly authorized thereto, have signed this Convention.
Done at Brussels on June 14, 1983, in English and French, both texts being equally authentic, in a single copy to be deposited with the Secretary General of the Council, who will transmit certified copies to all States and customs or economic unions referred to in Article 11.
The copy is correct: Attache of the Ministry of Internal Affairs of the Ministry of Foreign Affairs of the Republic of Kazakhstan
Protocol on the Amendment of the International Convention on the Harmonized Commodity Description and Coding System
(done in Brussels on 24 June 1986)
The Contracting Parties to the Convention Establishing the Customs Cooperation Council, signed in Brussels on December 15, 1950, and the European Economic Community, expressing the wish that the International Convention on the Harmonized Commodity Description and Coding System (concluded in Brussels on June 14, 1984) enter into force on January 1, 1988, taking into account that As long as article 13 of the aforementioned Convention is not amended, the entry into force of the Convention on that date remains uncertain, we have agreed as follows:
Article 1
Paragraph 1 of article 13 of the International Convention on the Harmonized Commodity Description and Coding System, concluded in Brussels on June 14, 1983 (hereinafter referred to as the "Convention"), is replaced by the following text: "1. This Convention shall enter into force on January 1 of the following year, at least three months after at least seventeen States, customs or economic unions referred to in Article 11 have signed it without reservation of ratification or deposited their instruments of ratification or accession, but not earlier than January 1, 1988."
Article 2
A. This Protocol shall enter into force simultaneously with this Convention, provided that at least seventeen States, customs or economic unions referred to in Article 11 of this Convention have deposited their instruments of recognition of this Protocol with the Secretary General of the Customs Cooperation Council. However, no State, customs or economic union may deposit its instruments of recognition of this Protocol until they have previously signed or signed simultaneously this Convention without reservation of ratification, or have deposited earlier, or are simultaneously depositing their instruments of ratification or accession to it.. V. Any State, customs union or economic union that becomes a Contracting Party to this Convention after the entry into force of this Protocol in accordance with paragraph A above, will become a Contracting Party to this Convention as amended by this Protocol.
The copy is correct: Attache of the Ministry of Internal Affairs of the Ministry of Foreign Affairs of the Republic of Kazakhstan
Law of the Republic of Kazakhstan dated February 3, 2004 No. 525
The Republic of Kazakhstan should accede to the International Convention on the Harmonized Commodity Description and Coding System, signed in Brussels on June 14, 1983, and the Protocol amending the International Convention on the Harmonized Commodity Description and Coding System, signed in Brussels on June 24, 1986.
President
Republic of Kazakhstan
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