On the ratification of the Treaty on the Establishment of a Single Customs Territory and the Formation of the Customs Union

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The Law of the Republic of Kazakhstan dated June 24, 2008 No. 44-IV.

To ratify the Treaty on the Establishment of a Single Customs Territory and the Formation of the Customs Union, signed in Dushanbe on October 6, 2007.

President

Republic of Kazakhstan

N. Nazarbayev

THE AGREEMENT on the creation of a single customs territory and the formation of the Customs Union

The Republic of Belarus, the Republic of Kazakhstan and the Russian Federation, hereinafter referred to as the Parties,

based on the Treaty establishing the Eurasian Economic Community of October 10, 2000.,

in order to ensure the free movement of goods in mutual trade and favorable trade conditions of the Customs Union with third countries, as well as the development of economic integration of the Parties,

We have agreed on the following:

Article 1

The concepts used in this Agreement mean the following:

"single customs territory" is a territory consisting of the customs territories of the Parties;

"unified customs tariff" is a set of customs duty rates applied to goods imported into a single customs territory from third countries, systematized in accordance with the Unified Commodity Nomenclature of Foreign Economic Activity.;

"customs union" is a form of trade and economic integration of the Parties providing for a single customs territory, within which customs duties and restrictions of an economic nature are not applied to mutual trade in goods originating from a single customs territory, as well as those originating from third countries and released into free circulation in this customs territory, with the exception of special protective measures., anti-dumping and countervailing measures. At the same time, the Parties apply a single customs tariff and other common measures to regulate trade in goods with third countries.;

"third countries" - States that are not parties to this Agreement.

Article 2

The decision on the unification of the customs territories of the Parties into a single customs territory and the completion of the formation of the customs union is made by the supreme body of the Customs Union after the completion of the following measures:

a) the establishment and application of a single customs tariff and other uniform measures regulating foreign trade with third countries;

b) the establishment and application of a single trade regime in relations with third countries;

c) establishing and applying the procedure for crediting and distributing customs duties, other duties, taxes and charges having equivalent effect;

d) the establishment and application of uniform rules for determining the country of origin of goods;

e) the establishment and application of uniform rules for determining the customs value of goods;

(e) The establishment and application of a unified methodology for the statistics of foreign and mutual trade;

g) the establishment and application of a unified customs regulation procedure, including uniform rules for the declaration of goods and payment of customs duties and uniform customs regimes;

h) the establishment and functioning of the Customs Union bodies carrying out their activities within the limits of the powers vested by the Parties.

Article 3

Since the establishment of the single customs territory, the Parties have not applied customs duties, quantitative restrictions and equivalent measures in mutual trade.

Nothing in this article prevents the Parties from applying special protective, anti-dumping and countervailing measures in mutual trade, as well as import or export prohibitions and restrictions necessary to protect public morals, human life or health, animals and plants, environmental protection and protection of cultural property, provided that such prohibitions and restrictions They are not a means of unjustified discrimination or a hidden restriction of trade.

Article 4

If, prior to the creation of a single customs territory, bilateral international agreements in force between the Parties provide for a more favorable regime for customs duties and taxes levied in connection with the import or export of goods, methods of levying such duties and fees, rules and administrative procedures applied in mutual trade in goods between the Parties, compared with the regime established by this The provisions of such international treaties shall apply.

Article 5

Since the establishment of the single customs territory, the regime with respect to customs duties and charges levied in connection with the import or export of goods, methods of collection of such duties and charges, rules and administrative procedures applied in connection with the import or export of goods, which each of the Parties provides to any third country on the basis of an international agreement or in fact, It may be more favorable than the treatment that this Party provides to other Parties.

Article 6

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 7

By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are formalized by protocols.

Article 8

This Treaty is subject to ratification.

The procedure for the entry into force, withdrawal from and accession to this Treaty is determined by the Protocol on the Procedure for the Entry into Force of International Treaties Forming the Legal Framework of the Customs Union, Withdrawal from 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 in the EurAsEC Integration Committee, which is the depositary of this Agreement and will send each Party a certified copy of it.

Behind

The Republic

Russian

Belarus

Kazakhstan

The Federation

I hereby certify that this text is a certified copy of a certified copy of the Agreement on the Establishment of a Single Customs Territory and the Formation of the Customs Union, signed on October 6, 2007 in Dushanbe.

Head of Department

International Law Department

Ministry of Foreign Affairs

Republic of Kazakhstan

D. Suleimenov

President

Republic of Kazakhstan

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