On the ratification of the Agreement on the Customs Union Commission

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Law of the Republic of Kazakhstan dated June 24, 2008 No. 45-IV

To ratify the Agreement on the Customs Union Commission, signed in Dushanbe on October 6, 2007.

President of the Republic of Kazakhstan N. Nazarbayev

AGREEMENT on the Customs Union Commission

The Republic of Belarus, the Republic of Kazakhstan and the Russian Federation, hereinafter referred to as the Parties, based on the Agreement on the Establishment of the Eurasian Economic Community dated October 10, 2000, have agreed as follows:

Article 1

The Parties establish the Customs Union Commission (hereinafter referred to as the Commission) as a single permanent regulatory body of the Customs Union. The main task of the Commission is to ensure the conditions for the functioning and development of the Customs Union.

Article 2

The Commission carries out its activities based on the following principles: voluntary step-by-step transfer of part of the powers of the state bodies of the Parties to the Commission; ensuring mutual benefit and taking into account the national interests of the Parties; economic validity of the decisions taken; openness, transparency and objectivity.

Article 3

The Commission carries out its activities within the limits of the powers provided for by this Agreement, other international agreements between the Parties, as well as decisions of the supreme body of the Customs Union.

Article 4

The Commission consists of one representative from each Party, who is the deputy head of the Government or a member of the Government with the necessary powers. Representatives of the Parties work in the Commission on an ongoing basis. The composition of the Commission is approved by the supreme body of the Customs Union. The number of Commission members from each Party and their status may be changed after the formation of the customs union is completed.

Article 5

The Commission's meetings are held at least once a month. At the request of at least one representative of the Parties, extraordinary meetings of the Commission may be held. The Commission is chaired alternately in accordance with the procedure established by the supreme body of the Customs Union. The Commission's rules of procedure are approved by the supreme body of the Customs Union.

Article 6

The Commission performs the following functions: executes decisions taken by the supreme body of the Customs Union; monitors the implementation of international treaties on the formation of the customs union; develops, with the participation of the governments of the Parties, recommendations for the supreme body of the Customs Union on the formation and functioning of the customs union; ensures, within the limits of its powers, the implementation of international treaties forming the legal framework of the customs union; assists the Parties in the settlement of disputes within the Customs Union before applying to the Court of the Eurasian Economic Community; carries out, within the limits of its powers, interaction with the state authorities of the Parties; performs the functions of the depositary of international treaties on the formation of the customs union. The procedure and conditions for the Commission to perform its functions in specific areas of its activity are determined by separate international agreements between the Parties. In order to ensure the effective functioning of the Customs Union and its bodies, the Commission has the right to establish coordinating and advisory bodies to consider proposals and coordinate the positions of the member States of the Customs Union on certain issues, as well as to prepare appropriate recommendations for the Commission.  The footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 09.11.2011 No. 489-IV (for the procedure of entry into force, see art. 4).

Article 7

The Commission, within the limits of its powers, makes decisions that are binding on the Parties. The Commission may make recommendations that are not binding. The votes between the Parties in the Commission are distributed as follows: the Republic of Belarus - 21.5; the Republic of Kazakhstan - 21.5; Russian Federation - 57. Decisions are made by a 2/3 majority vote. If one of the Parties does not agree with the Commission's decision, the issue is submitted to the supreme body of the Customs Union at the level of heads of state, which decides by consensus. The Commission also makes decisions by consensus, if this is provided for by international treaties forming the legal framework of the Customs Union. Any Party has the right to submit a proposal to the supreme body of the Customs Union to review the Commission's decision. If the required number of votes was not obtained during the decision-making process, the Commission has the right to refer the issue to the supreme body of the Customs Union.

Article 8

The Commission's binding decisions come into force thirty calendar days after the date of their official publication, and in exceptional cases requiring prompt resolution, the Commission's decision may specify a different date for its entry into force, but not earlier than the date of the official publication of such a decision.  The footnote. Article 8 as amended by the Law of the Republic of Kazakhstan dated 09.11.2011 No. 489-IV (for the procedure of entry into force, see art. 4).

Article 9

The activities of the Commission are financed by the contributions of the Parties in proportion to the number of votes allocated to the Parties in the Commission.

Article 10

The Commission may have its representative offices in the member States of the Customs Union. The Commission enjoys the rights of a legal entity in the territories of all Parties.

Article 11

The Commission's Secretariat (hereinafter referred to as the Secretariat) is the working body of the Commission. The functions and structure of the Secretariat, the number of its staff and the status of officials are determined by an international agreement between the Parties, based on the functions of the Commission. The secretariat organizes the work and provides information and technical support for the work of the Commission.

Article 12

The working language of the Commission is Russian.

Article 13

The seat of the Commission is Moscow.

The conditions of stay of the Commission and its representative offices in the receiving State are determined by a separate agreement between the Commission and the receiving State.

Article 14

Reservations to this Agreement are not allowed.

Article 15

This Agreement may be amended and supplemented, which are formalized in separate protocols.

Article 16

Disputes between the Parties related to the interpretation and (or) application of this Agreement are resolved through consultations and negotiations between the Parties concerned, and in case of failure to reach an agreement, the dispute is referred to the Court of the Eurasian Economic Community.

Article 17

This Treaty is subject to ratification. The procedure for the entry into force of this Agreement, withdrawal from it and accession to it shall be determined by Protocol on the procedure for the entry into Force of international treaties forming the legal framework of the Customs Union, withdrawal from them and accession to them dated October 6, 2007. Done in Dushanbe on October 6, 2007, in one original copy in the Russian language. The original copy of this Agreement is kept by the depository, which, prior to the transfer of the functions of the depository to the Commission, is The Integration Committee of the Eurasian Economic Community. The Depositary will send each Party a certified copy of this Agreement.

For the Republic For the Republic For the Russian Belarus Kazakhstan The Federation

I hereby certify that this text is a certified copy of a certified copy The Agreement on the Customs Union Commission, signed on October 6, 2007 in the city of Dushanbe.

Head of the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan Zh. Bukhbantaev

President

Republic of Kazakhstan

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