On the ratification of the Free Trade Area Agreement
The Law of the Republic of Kazakhstan dated October 25, 2012 No. 46-V.
To ratify the Free Trade Area Agreement signed in St. Petersburg on October 18, 2011.
President
Republic of Kazakhstan
N. NAZARBAYEV
FREE Trade Area AGREEMENT (Bulletin of International Treaties of the Republic of Kazakhstan, 2012, No. 6, Article 84 - entered into force on December 8, 2012)
The Member States of the Commonwealth of Independent States, hereinafter referred to as the Parties,
Considering the need for proper and effective functioning of the free trade area,
in order to create conditions for the free movement of goods,
Understanding the need for integration into the global economy and the international trading system,
Guided by the desire to continuously improve the standard of living of the population of their States,
proceeding from the fact that the provisions of this Agreement apply to trade in goods between the Parties,
Recognizing the generally accepted norms of international law and guided by the norms of the WTO agreements, in particular GATT 1994, including Article XXIV of GATT 1994,
We have agreed on the following:
Article 1 Definitions
1. The concepts used in this Agreement mean the following:
The WTO is a World Trade Organization established in accordance with the Agreement on the Establishment of the World Trade Organization, signed in Marrakesh on April 15, 1994.;
GATT 1994 is the 1994 General Agreement on Tariffs and Trade, contained in Annex A to the Agreement establishing the World Trade Organization of April 15, 1994.;
payments equivalent to customs duties are payments levied on the import or export of goods, as well as in other cases established by the national legislation of the Party, similar in purpose and economic effect to customs duties, which are not customs duties, compensation for the cost of services rendered in connection with the implementation of import or export procedures and are not related to the use of special protective measures., anti-dumping, countervailing measures in mutual trade;
import of goods - the import of goods into the customs territory of the Party without the obligation to re-export;
export of goods is the export of goods from the customs territory of a Party without the obligation to re-import;
re-export is the export of goods originating from the customs territory of one of the Parties from the customs territory of the other Party to third countries.;
authorized re-export is the re-export of goods in respect of which the Party that is the country of origin of these goods establishes or maintains customs duties upon export to third countries, carried out with a duly executed written permit issued by the authorized body of the country of origin of the goods.;
unauthorized re-export is the re-export of goods in respect of which the Party that is the country of origin of these goods establishes or maintains customs duties upon export to third countries, carried out without a duly executed written permit issued by the authorized body of the country of origin of the goods.
2. When using references in this Treaty to the provisions of GATT 1994 or other international treaties concluded within the framework of the WTO, the terms "Contracting Party/Contracting Parties" or "member/members" contained therein mean, respectively, the Party/The Parties, as defined in the preamble of this Agreement.
Article 2 Application of customs duties and payments equivalent to customs duties
1. A Party shall not apply customs duties and other payments equivalent to customs duties in respect of exports of goods destined for the customs territory of the other Party and/or imports of goods originating from the customs territory of the other Party, except for the cases provided for in Annex 1 to this Agreement, which is an integral part of it.
2. The Parties shall not increase the level of customs duties in mutual trade in respect of the goods specified in Annex 1 to this Agreement.
3. If the Party applying the export duty in accordance with Annex 1 to this Treaty has abolished it or reduced its level in relation to a third country, this amendment shall apply to the Parties. This rule applies without prejudice to the provisions of article 18 of this Treaty.
4. Unless otherwise provided by this Agreement, customs duties shall not be applied in a manner that would lead to increased discrimination between the Parties and third countries.
5. If, in respect of the goods specified in Annex 1 to this Agreement, a mechanism is provided for for changing duty rates depending on changes in economic, statistical or other indicators, with the exception of the customs value of the goods, the Parties shall not change such a mechanism in a way that will lead to an increase in the level of tariff protection.
6. A State that has acceded to this Treaty shall not apply customs duties on exports or imports of goods originating from the customs territories of other Parties and destined for the customs territories of other Parties, in such a way that this would lead to an increase in the duty rate compared to that applied by the acceding State to other Parties on the date of entry into force. by virtue of this Agreement, unless otherwise follows from the procedure for setting the fee, which is used on the date of entry into force of this Agreement.
7. Nothing in this Article shall prevent any Party from charging in respect of the import of goods:
a mandatory payment equivalent, in accordance with the provisions of Article 5 of this Treaty, to the internal tax levied on the goods in question if they were produced in the territory of that Party, or the goods from which the imported goods were wholly or partially manufactured or produced, or a payment related to the application of internal taxes on the imported goods in accordance with the provisions of Article 5 of this Treaty;
the fee applied in accordance with the provisions of Articles 8 and 9 of this Treaty.
8. Nothing in this Article shall prevent a Party from levying fees for the import or export of goods based on the cost of services rendered and applied in accordance with the provisions of paragraph 1 of Article VIII of GATT 1994.
9. The Party does not change the methods and procedure for setting and applying the fees provided for in paragraph 7 of this Article in such a way that this leads to an increase in the amount of the fee compared to the amount of the fee applied by this Party on the date of entry into force of this Agreement, without increasing the cost of services rendered, unless such a change is aimed at more fully reflecting the level of the cost of the services provided.
10. Within 30 days from the date of entry into force of this Agreement, the Parties shall notify each other of the fees provided for in paragraph 8 of this Article.
11. If a Party applies zero or reduced export duty rates on exports to the customs territories of other Parties in comparison with the duty rates applied to exports of goods destined for the customs territories of third countries, such other Parties prohibit the unauthorized re-export of these goods.
If such a ban is not established or is not actually applied, the Party applying zero or reduced export duty rates when exporting to the customs territories of other Parties has the right to increase them to the level applied when exporting to the customs territories of third countries.
12. The parties may, within the framework of bilateral agreements, agree on other ways of regulating relations provided for in paragraph 11 of this article, which do not provide for the introduction of a ban on re-export.
13. Within 30 days from the date of entry into force of this Agreement, each Party shall notify the other Parties in writing of the goods for which customs duties are levied to third countries, as well as the rates (and, where applicable, the mechanism for calculating the rates) of such customs duties.
14. Any changes to the list of goods referred to in paragraph 13 of this Article, as well as any changes in the rates or the mechanism for calculating customs duty rates referred to in paragraph 13 of this Article, shall be notified in writing by each Party to the other Parties no later than 30 days before the effective date of such changes.
15. The Parties agreed to negotiate the reduction and phasing out of export duties specified in Annex 1 to this Agreement. The first round of such negotiations will take place no later than six months after the entry into force of this Treaty.
The results of such negotiations are formalized in protocols.
Article 3 Abolition of quantitative restrictions in mutual trade
1. Neither Party shall establish and/or maintain any prohibitions or restrictions on the import of any goods from the territory of the other Party or on the export of any goods destined for the territory of the other Party, other than those permitted by Article XI of GATT 1994, including Explanatory Notes to this Article, as well as Articles 8 and 9 of this Agreement.
2. Prohibitions and restrictions subject to lifting in accordance with paragraph 1 of this Article, effective at the time of entry into force of this Treaty, are lifted according to the schedule provided for in Annex 2 to this Treaty, which are an integral part of it.
3. The Party establishing quantitative restrictions that are allowed in accordance with paragraph 1 of this Article shall inform the other Parties in advance of the reasons for the establishment, forms and possible deadlines for the application of the said restrictions affecting the interests of the Parties, justifying such action.
4. The Parties shall resolve all issues arising in connection with the application of permissible quantitative restrictions through consultations.
5. When choosing measures in accordance with this Article, the Parties shall give priority to those that have the least negative impact on the achievement of the objectives of this Treaty.
6. When applying quantitative restrictions, the Parties shall comply with the provisions provided for in Article XIII of GATT 1994.
Article 4 Determination of the country of origin of goods
1. To determine the country of origin of goods originating from the Parties and traded between them, the Parties are guided by the Rules for Determining the Country of Origin of Goods, which are an integral part of the Agreement on the Rules for Determining the Country of Origin of Goods in the Commonwealth of Independent States dated November 20, 2009.
2. The procedure for determining the country of origin of goods originating in and imported into the customs territories of the Parties from third countries and exported from the customs territories of the Parties to third countries is regulated by the national legislation of the Parties and international treaties to which they are parties.
Article 5 National treatment
The Parties grant each other national treatment in accordance with Article III of GATT 1994.
Article 6 Public procurement
1. With respect to all laws, regulations, procedures and practices related to public procurement within the meaning of paragraph 8 (a) of Article III of GATT 1994, which are subject to the provisions of paragraph 3 of this Article, each Party shall provide for goods originating from the territory of any other Party and their suppliers a regime no less favorable than the one that is provided:
1) domestic products and suppliers;
2) goods originating from the territory of any other Party and their suppliers.
2. The provisions of paragraph 1 of this Article shall not apply to customs duties and other payments equivalent to customs duties levied upon import.
3. The provisions of paragraph 1 of this Article shall be applied on a bilateral or multilateral basis between the Parties concerned.
4. Within three months after the entry into force of this Agreement, the Parties concerned will enter into negotiations on the development of a Protocol to this Agreement defining the obligations of the Parties with respect to rules and procedures for regulating public procurement, with a view to completion within three years.
Article 7 Freedom of transit
1. The Parties shall regulate the transit of goods by means of transport within the framework of this Treaty in accordance with the provisions of Article V of GATT 1994.
2. The following conditions apply to the transit of goods and vehicles:
1) goods transported in transit through the territory of a Party must simultaneously:
a) to remain unchanged, except for changes due to natural wear or loss under normal conditions of transportation and storage;
b) not to be used for any purpose other than transit;
c) be delivered to the customs authority of destination within the time limits established by the customs authority of departure, based on the capabilities of the vehicle carrying the goods, the planned route and other conditions of transportation;
2) in cases where this does not contradict the terms of this Agreement, the Party may, in accordance with its legislation, establish lists of certain types of goods, the transit of which is prohibited, as well as lists of certain types of goods, the transit of which requires obtaining special permits from authorized bodies of the Parties. The parties shall notify each other of their lists.;
3) in the event of an interruption of transit due to an accident or the occurrence of force majeure circumstances, the carrier shall be guided by the norms established by the national legislation of the Party in whose territory the interruption of transit occurred;
4) the customs authorities of the Parties mutually recognize national means of identification, other means of customs security, as well as documents necessary for the control of goods and vehicles transporting them, in accordance with international conventions to which the Parties are parties and/or agreements reached between them.;
5) each of the Parties provides goods that are in transit through the territory of any other Party with a regime no less favorable than that which would be provided to such goods if they were transported from their place of origin to their destination without moving through the territory of such other Party.
3. The provisions of this article do not apply to pipeline transport.
4. The interested Parties will enter into negotiations on the development of a Pipeline Transit Agreement and complete such negotiations within six months after the entry into force of this Agreement.
Article 8 Application of special protective measures in mutual trade
1. Nothing in this Agreement restricts the right of a Party (of the Customs Union)1 apply special protective measures. Such measures in respect of industrial and agricultural goods should be applied only in accordance with Article XIX of the GATT 1994, the WTO Agreement on Protective Measures and this Treaty.
2. When applying special protective measures, a Party (the customs union) excludes from the scope of these measures goods originating from the territory of the other Party, provided that the import of this product was carried out in such quantities and under such conditions that did not cause damage and/or did not create a threat of damage to the national industry of this Party (the customs union).
The import of goods originating from the territory of the other Party is considered as not causing damage and/or not threatening to cause damage to the national industry of the Party (Customs Union), if the other Party is not one of the five main suppliers of imported goods over the past three years and the following conditions are simultaneously met::
Over the past three years, imports from the other Side have been decreasing or growing in smaller volumes (in absolute and relative terms) compared to imports from other countries;
The price level of imports of goods from the other Party is equal to or higher than the price level of the national producer of similar or directly competing goods on the domestic market of the importing Party (Customs Union).
3. If one of the Parties (the Customs Union) intends to apply special protective measures, this Party (the Customs Union) shall, no later than 30 days before the completion of the investigation, inform the other Parties who may be affected by the application of the measure of such intention. The interested Parties hold consultations in order to find a mutually acceptable solution.
4. When choosing the type of special protective measures, the Parties (the Customs Union) give priority to those measures that will cause the least damage to the achievement of the objectives of this Agreement.
_____________
1 For the purposes of Articles 8 and 9 of this Treaty, the customs union means an association of the Parties within which the application of uniform special protective, anti-dumping and countervailing measures is envisaged.
Article 9 Application of anti-dumping and countervailing measures in mutual trade
1. Nothing in this Agreement prevents a Party (the customs union) from applying anti-dumping or countervailing measures in respect of imports of goods originating from the other Party. Such measures in respect of industrial and agricultural goods should be applied only in accordance with Articles VI, XVI of the GATT 1994, the WTO Agreement on the Application of Article VI of the GATT 1994, the WTO Agreement on Subsidies and Countervailing Measures and this Treaty.
2. If one of the Parties (the Customs Union) intends to apply anti-dumping or countervailing measures, this Party (the Customs union) provides other interested Parties with relevant information on the main facts and conclusions that are the basis for the application of measures before applying the measures. In order for the Parties to be able to protect their interests, such information should be provided in advance, but no later than 30 days before the completion of the investigation.
3. A Party (the Customs Union) that intends to apply or extend anti-dumping or countervailing measures should provide an adequate opportunity for prior consultations before the investigation is completed by the Parties concerned.
4. When choosing the type of anti-dumping or countervailing measures, the Parties (the Customs Union) give priority to those measures that will cause the least damage to the achievement of the objectives of this Agreement.
Article 10 Provision of subsidies
1. The Parties provide subsidies in accordance with the provisions of Articles VI, XVI of the GATT 1994, the WTO Agreement on Subsidies and Countervailing Measures.
2. The Parties do not retain or provide prohibited subsidies within the meaning of Article 3 of the WTO Agreement on Subsidies and Countervailing Measures, with the exception of the measures provided for in Annex 3 to this Treaty, which is an integral part of it.
3. The Parties shall refrain from providing specific subsidies within the meaning of Article 2 of the WTO Agreement on Subsidies and Countervailing Measures, which may seriously prejudice the interests of other Parties and entail negative consequences provided for in Article 6 of the WTO Agreement on Subsidies and Countervailing Measures.
4. Each Party shall ensure transparency of state aid to enterprises by annually informing the other Parties about the total amount and distribution of aid provided by the State, and providing, at the request of the other Party, information on the provision of state aid in specific cases and schemes for the provision of such assistance.
Article 11 Technical barriers to trade
The Parties shall apply technical measures in mutual trade, including technical regulations, standards and conformity assessment procedures, in accordance with the rules and principles of the WTO Agreement on Technical Barriers to Trade.
The Parties cooperate in the field of standardization, metrology, conformity assessment (confirmation), accreditation, state control (supervision) within the framework of the Interstate Council for Standardization, Metrology and Certification on the basis of Agreement on the implementation of a coordinated policy in the field of standardization, metrology and Certification dated March 13, 1992.
Article 12 Sanitary and phytosanitary measures
The Parties are guided in their mutual trade by the rules and principles of the WTO Agreement on the Application of Sanitary and Phytosanitary Measures, as well as international treaties in the relevant fields to which they are parties.
Article 13 Payments
1. The Parties shall not maintain existing or establish new restrictions on international transfers and payments for the supply of goods within the framework of mutual trade in goods, except as provided for in Article 14 of this Agreement.
2. Nothing in this Agreement shall affect the rights and obligations of the Parties arising from their membership in the International Monetary Fund in accordance with the articles of the Agreement on the International Monetary Fund or the provisions of a special currency agreement concluded by the Parties in accordance with paragraph 3 of this Article.
3. If the State acceding to this Treaty is not a party to the articles of Agreement on the International Monetary Fund, the Parties shall conclude a special currency agreement with such State establishing the procedure for making payments in connection with mutual trade in goods.
If any Party withdraws from the International Monetary Fund, withdraws or otherwise terminates its obligations under Article VIII of the Agreement on the International Monetary Fund, such Party shall conclude the specified special currency agreement with the other Parties as soon as possible.
Article 14 Restrictions in order to ensure the balance of payments
1. In the event of serious imbalances in its balance of payments and serious difficulties with the external financial situation, any Party may impose or maintain restrictions that do not contradict the provisions of Article XII of GATT 1994 and the Understanding of the provisions on the balance of payments of GATT 1994 on trade in goods with other Parties by applying measures provided for by its legislation, leading to restrictions on the quantity or the cost of goods allowed for import, including restrictions on payments and transfers in connection with the trade of goods with the Parties.
Measures to restrict mutual trade in goods, including restrictions on payments and transfers, for the purposes referred to in this paragraph, may be applied if only payments for supplies of goods imported by a Party carried out within the framework of mutual trade are made in currencies in which the foreign exchange reserves of the Party referred to in paragraph 2 of this Article are formed, which applies such measures of restriction in mutual trade in goods.
2. Import restrictions, including payments and transfers, established, maintained or strengthened by a Party in accordance with this Article, shall not be more significant than is necessary to prevent an imminent threat of a serious reduction in the foreign exchange reserves of such Party or to restore a reasonable growth rate of the foreign exchange reserves of such Party.
3. Any Party experiencing difficulties with the balance of payments or the external financial situation, first of all uses to remedy the situation opportunities that do not affect trade in goods, namely the possibility of attracting external loans and other resources, and ensures the proper use of such loans or resources.
4. The Parties applying the restrictions under this Article:
They follow the articles of the Agreement on the International Monetary Fund or the obligations stipulated in the special currency agreement.;
do not unduly damage the commercial, economic and financial interests of any other Party;
They do not apply measures that go beyond what is necessary due to the state of the balance of payments;
They do not discriminate between the Parties, unless the measures to restrict trade in goods are aimed at balancing the balance between currencies; in this case, the measures should not go beyond the necessary discriminatory approach.;
The measures introduced in accordance with this article shall be gradually eliminated, as the circumstances that caused their introduction soften.;
do not, without reasonable grounds, prevent the importation of any goods in minimal commercial quantities, the exclusion of which from trade would disrupt the usual channels of trade, when measures are introduced in accordance with this article.;
There are no restrictions that would prevent the import of commercial designs or compliance with the provisions on patents, trademarks, copyrights or similar procedures.
5. The measures allowed in accordance with this article do not include such measures as the introduction or maintenance of duties, licensing and quotas, unless, due to the critical state of the balance of payments, other measures are unable to stop a sharp deterioration in the situation with external settlements.
6. When introducing measures restricting payments and transfers that are current operations, any Party applying such measures shall immediately inform the International Monetary Fund of the restriction on freedom of current operations in accordance with the provisions of Article VIII of the Agreement on the International Monetary Fund and consult with the International Monetary Fund to correct the balance of payments or the external financial situation, identification of economic problems that could lead to a deterioration in the balance of payments of such a Party, and to determine the optimality of the measures taken.
7. Any restrictions imposed or maintained by a Party in accordance with this Article, or any changes to such restrictions, shall be the subject of immediate notification to the other Parties.
8. If circumstances permit, no Party shall impose restrictions in accordance with this Article until consultations have been held with other Parties whose interests may be affected. If restrictions are imposed before consultations, consultations are conducted as soon as possible.
Consultations are conducted in order to:
assessment of the nature and extent of difficulties with the balance of payments and the external financial situation of the Party introducing measures to restrict trade in goods in accordance with this Article;
assessment of the external economic and trade situation in which such a Party finds itself;
identification of possible alternative corrective measures that can be used.
Article 15 General exceptions
Nothing in this Treaty shall be interpreted as preventing any Party from applying measures classified as General Exceptions in accordance with Article XX of GATT 1994, subject to the conditions set out in said Article of GATT 1994.
Article 16 Security exceptions
With regard to measures aimed at ensuring national security, the Parties apply the norms of Article XXI of the GATT 1994.
Article 17 Administrative issues
The collection of fees, the implementation of formalities related to import and export, and the application of trade rules are carried out in accordance with Articles VIII and X of GATT 1994.
Article 18 of the Agreement on Customs Unions, Free Trade, and Cross-Border Trade
1. This Treaty does not prevent the Parties from participating in agreements on the customs union, free trade and/or cross-border trade in accordance with WTO rules and, in particular, Article XXIV of GATT 1994.
2. The provisions of this Agreement shall apply in the relations between the members of the Customs Union and the Single Economic Space to the extent that they do not contradict:
international agreements concluded by them within the framework of the Customs Union and the Single Economic Space, as well as decisions of the Customs Union authorities adopted on their basis;
bilateral agreements concluded between the members of the Customs Union and the Single Economic Space.
3. The participation of the Parties in the international treaties referred to in paragraphs 1 and 2 of this Article does not restrict their rights and does not release them from their obligations under this Treaty to other Parties that are not parties to such treaties (Annex 6).
4. If the participation of one of the Parties in the agreement provided for in paragraph 1 of this Article significantly negatively affects the mutual trade of the parties to this Agreement, upon the proposal of any interested Party, the Parties shall consult in order to develop and take measures aimed at restoring mutual trade.
Article 19 Controversial issues
1. The Parties will take all necessary measures to fulfill their obligations under this Agreement.
2. If one of the Parties considers that the other Party is not fulfilling its obligations under this Agreement and such non-fulfillment of obligations harms or threatens to harm the economic interests of the first Party, both Parties shall consult in order to achieve a mutually acceptable resolution of the differences that have arisen.
If no agreement is reached, the dispute may, at the option of the first Party, be referred to the CIS Economic Court if both Parties are parties. The Agreement on the Status of the Economic Court of the Commonwealth of Independent States dated July 6, 1992, or the Commission of experts in accordance with the dispute resolution procedure provided for in Annex 4 to this Treaty, which is an integral part of it.
3. Disputes on issues regulated in this Treaty by reference to the provisions of the WTO agreements between the Parties that are members of the WTO shall be resolved in accordance with the procedure provided for in the relevant WTO agreements. The provisions of this paragraph do not prevent the WTO Member Parties from settling disputes in accordance with paragraph 2 of this Article.
Article 20 Amendments and additions
By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are an integral part of it, which are formalized by appropriate protocols.
The Protocols shall enter into force in the manner prescribed for the entry into force of this Treaty, with the exception of the protocols provided for in paragraph 15 of Article 2 of this Treaty.
Article 21 Reservations
Reservations to this Agreement are not allowed.
Article 22 Entry into force
1. This Agreement shall enter into force 30 days after the date of receipt by the depositary of the third notification on the completion by the signatories of the internal procedures necessary for its entry into force.
2. In relations between the Parties that have completed domestic procedures later, this Agreement shall enter into force 30 days after the date of receipt by the depositary of the relevant documents.
Article 23 Relationship with other international obligations
1. In the relations between the Parties for whom this Treaty has entered into force, its provisions shall apply and international treaties shall cease to be valid in accordance with the list (Annex 5 to this Treaty, which is an integral part of it).
2. The Parties have agreed that, from the date of entry into force of this Treaty for them, they will take measures to terminate the bilateral international free trade agreements in force between them in accordance with the procedure and within the time limits provided for in these agreements, unless the Party has agreed otherwise.
Article 24 Accession
After its entry into force, this Treaty is open for accession by any State by submitting an instrument of accession to the depositary.
For a CIS member State, this Treaty shall enter into force 30 days after the date of receipt by the depositary of the instrument of accession.
For a non-CIS State, this Agreement shall enter into force 30 days after the date of receipt by the depositary of the instrument of accession, as well as the terms of accession agreed by the Parties to this Agreement.
Article 25 Period of validity, termination, withdrawal
1. This Agreement is concluded for an indefinite period.
Each of the Parties has the right to withdraw from this Agreement by sending a written notification to the depositary of its intention no later than 12 months before withdrawal and settling financial and other obligations that have arisen during the validity of this Agreement.
2. For the purposes of resolving possible disputes and claims, including those of a material nature, the provisions of this Agreement shall continue to apply to the terminated Party until all obligations are fully settled.
Done in St. Petersburg on October 18, 2011, in one original copy in Russian. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which will send a certified copy to each signatory State.
Appendix 1 to the Free Trade Area Agreement dated October 18, 2011
I. Customs duties applied to imports of goods in accordance with article 2 of the Free Trade Area Agreement
Side
HS Code
Name
positions
Customs duty rate
Validity period
(cancellation date)
customs duties
Republic of Armenia
Reserves the right to apply import duties in relation to To the Parties that apply import duties to the Republic of Armenia other than those specified in Part I of Annex 1.
The Republic of Armenia will notify the Parties in advance of the introduction of these measures.
All Sides
2402 20 900:
Cigarettes
2011-1,500
drams per 1,000 units .
2012-1250
drams per 1,000 units .
2013-1000
drams per 1,000 pieces;
January 1, 2014
Unfiltered cigarettes
2011-2013-1,300
drams per 1,000 units .
Republic of Belarus
Ukraine
1701 99 100
White sugar
340 dollars per 1,000 kg
The deadline will be determined by mutual agreement.
Republic of Kazakhstan
Ukraine
1701 99 100
White sugar
340 dollars per 1,000 kg
The deadline will be determined by mutual agreement.
2208 60
Vodka
2 euros for 1 liter
January 1, 2015
Kyrgyz Republic
Does not apply
Republic of Moldova
Ukraine
1701
Cane or beet sugar and chemically pure sucrose in solid state
75 %
January 1, 2015 (at the end of the period - in the amount of agreed duty-free quotas)
1702
Other types of sugar, including chemically pure lactose, maltose, glucose and fructose (levulose) in solid state; sugar syrups without the addition of flavoring or coloring substances;
artificial honey, mixed or unmixed with natural honey; caramel cooler, except
items 1702 30 990 - other
75 %
January 1, 2015 (at the end of the period - in the amount of agreed duty-free quotas)
2207
Non-denatured ethyl alcohol with
alcohol concentration of at least 80 vol. %, ethyl alcohol and other alcohols
denatured of any concentration
0.5 euros per 1 liter
January 1, 2013
Russian Federation
Ukraine
1701 99 100
White sugar
340 dollars per 1,000 kg.
The deadline will be determined by mutual agreement.
Republic of Tajikistan
Does not apply
Ukraine
Republic
Belarus
170199 10 00
White sugar
50 %
The deadline will be determined by mutual agreement.
Republic
Kazakhstan
170199 10 00
White sugar
50 %
The deadline will be determined by mutual agreement.
Republic
Moldova
1209 10 00 00
Sugar seeds
beetroot
5 %
January 1, 2013
1701
Sugar from sugar cane or sugar beet and chemically pure sucrose in solid state
50 %
January 1, 2015 (at the end of the term - in the amounts agreed upon
duty-free quotas)
1702
Lactose and lactose syrup; other sugars (except
starch molasses)
5 %
Russian
The Federation
170199 10 00
White sugar
50 %
The deadline will be determined
by mutual
agreements
II. Customs duties applied to the export of goods in the CIS member States in accordance with Article 2 of the Free Trade Area Agreement
HS Code
Naming of positions
Bet
customs duties
Republic of Armenia
Does not apply
Republic of Belarus
(in respect of goods exported from the territory of the Republic of Belarus outside the customs
territories of the EurAsEC member states. Duties are applied to petroleum products in respect of the CIS member states that are not members of the Customs Union)
If the Republic of Tajikistan imposes export customs duties on goods supplied to the Republic of Belarus, the Republic of Belarus reserves the special right to apply similar measures.
The Republic of Belarus will notify the Parties in advance of the introduction of these measures.
1205
Change of rapeseed or colza, crushed or unpeeled
100 euros per 1,000 kg
2709 00, 2710 11-2710 19 490 0, 2710 19 510-2710 99 000 0, 2711 12-2711 19 000 0, 2712, 2713, 2902 20 000 0-2902 43 000 0
Crude oil and petroleum products
A special formula identical to
used by the Russian Federation is used for export from the territory of the Republic of Belarus outside the customs territory.
territories of the Customs Union
3104
Potassium fertilizers
75 euros per 1,000 kg
4101, 4103
Raw hides
500 euros per 1,000 kg
4104, 4106
Tanned leather or leather crust
10%, but not less
90 euros per 1,000 kg
4401 10 000 9
Fuel wood
100 euros for 1 cubic meter. m
4403 10 00 1, 4403 10 0002, 4403 91 100 0, 4403 91 900 0, 4409 92 100 0, 4403 92 900 0
Unprocessed timber
100 euros for 1 cubic meter. m
4404 20 000 0
Hardwood
100 euros for 1 cubic meter. m
4407 91 150 0, 4407 91 310 0, 4407 91 390 0, 4407 91 900 0, 4407 92 000 0, 4407 93 100 0, 4407 93 500 0, 4407 93 900 0
Processed timber
100 euros for 1 cubic meter. m
Republic of Kazakhstan
(in respect of goods exported from the territory of the Republic of Kazakhstan outside the customs territory of the Customs Union)
With respect to goods exported from the Republic of Kazakhstan to the Kyrgyz Republic and the Republic of Tajikistan, the application of customs duties may be regulated by other multilateral and/or bilateral agreements.
The Republic of Kazakhstan will notify the Parties in advance of the introduction of these measures.
1201 00
Soybeans, crushed or unpeeled
20%, but not less
35 euros per 1,000 kg
1205
Rapeseed or colza seeds, crushed or unpeeled
15%, but not less
30 euros per 1,000 kg
1206 00
Sunflower seeds, crushed or unpeeled
20%, but not less
30 euros per 1,000 kg
2709 00 900 2, 2709 00 900 8
Crude oil
Special formula
2710 11 110 0-2710 11900 9
Light distillates and products
Light distillates and products
The amount of the duty rate is calculated according to the following formula SVTP = Kx (C-138.6),
where SVTP is the export rate
customs duties;
K - 50 % of the arithmetic mean
the values of the coefficients 0.35 and 0.4 used in the formula for calculating the conditional rate and multiplied by the correction factor according to the table below;
C is the average market price of crude oil over the period
2710 19 110 0-2710 19 290 0
Medium distillates: for specific processing processes, for chemical transformations in processes other than those specified in subheading 2710 19 110 0; for other purposes
2710 19 410 0-2710 19 490 0
Heavy distillates: gas oils
2710 19 510 1, 2710 19 510 9,
except for heavy distillate liquid fuels,
2710 19 550 1, 2710 19 550 9
Heavy distillates: liquid fuels
2710 19 550 9
Heavy distillates: liquid fuels
2710 19 610 1-2710 19 690 9
Heavy distillates: liquid fuels
2713 20 000 0-2713 90 900 0
Petroleum bitumen
monitoring
2710 19 310 0-2710 193500
Heavy distillates: gas oils
The approved rates of export customs duties on goods produced from oil are adjusted quarterly based on average market price data, taking into account monthly monitoring of prices on world crude oil markets.
2711 21 000 0
Natural gas
30 %
271129 000 0
Other gases
5 %
2705 00 000 0
Coal gas, water gas, generator gas and similar gases
5 %
4101
Raw hides of cattle (including buffaloes) or equine animals (fresh or salted, dried, gilded, pickled or otherwise preserved, but not tanned, parchment-cured or further processed), with or without hair, whether or not split
20%, but not less
200 euros per 1,000 kg
4102
Unprocessed sheep or lamb skins (fresh or salted, dried, gilded, pickled or otherwise preserved, but not tanned, parchment-lined or further processed), with or without wool, whether or not split, other than those excluded by note 1 to this chapter
20%, but not less
200 euros per 1,000 kg
4103
Other unprocessed hides (fresh or salted, dried, gilded, pickled or otherwise preserved, but not tanned, parchment-cured or further processed), with or without hair, whether or not split, other than those excluded by note 16 or 1b to this chapter
20%, but not less
200 euros per 1,000 kg
5101
Wool that has not been carded or combed
10%, but not less
50 euros per 1,000 kg
5102
Animal hair, fine or coarse, not carded or combed
10%, but not less
50 euros per 1,000 kg
5103
Waste of wool or fine or coarse animal hair, including spinning waste, but excluding plucked raw materials
10%, but not less
50 euros per 1,000 kg
5104 00 000 0
Plucked raw materials from wool or fine or coarse animal hair
10%, but not less
50 euros per 1,000 kg
7204
Waste and scrap of ferrous metals; ingots of ferrous metals for remelting (charge ingots)
15%, but not less
20 euros per 1,000 kg
7302
Ferrous metal products used for railway or tram tracks: rails, counter rails and gear rails, transfer rails, blind crossing crosses, transfer rods and other transverse joints, sleepers, butt linings and linings, wedges, base plates, hook rail bolts, cushions and extensions, beds, crossbars and other parts, designed for connecting or fixing rails
20%, but not less
20 euros per 1,000 kg
7404 00
Copper waste and scrap
30%, but not less
330 euros per 1,000 kg
7601
Raw aluminum, except aluminum-beryllium ligature, classified by HS code of 7601 10 000 0
15%, but not less
100 euros per 1,000 kg
7602 00
Aluminum waste and scrap
15%, but not less
100 euros per 1,000 kg
7603
Aluminum powders and flakes
15%, but not less
100 euros per 1,000 kg
7604 10 100 0
Bars made of unalloyed aluminum
15%, but not less
100 euros per 1,000 kg
7604 29 100 0
Other bars made of aluminum alloys
15%, but not less
100 euros per 1,000 kg..
7605
Aluminum wire
15%, but not less
100 euros per 1,000 kg
7606
Aluminum plates, sheets, strips or tapes with a thickness of more than 0.2 mm
15%, but not less
100 euros per 1,000 kg
7607
Aluminum foil (without a base or based on paper, cardboard, plastic or similar materials) with a thickness (excluding the base) of not more than 0.2 mm
15%, but not less
100 euros per 1,000 kg
7608
Aluminum pipes and tubes
15%, but not less
100 euros per 1,000 kg
7609 00 000 0
Aluminum pipe or tube fittings (e.g. couplings, elbows, flanges)
15%, but not less
100 euros per 1,000 kg
7610
Aluminum metal structures (other than prefabricated building structures of heading 9406) and parts thereof (for example, bridges and their sections, towers,
lattice masts, roof coverings, building trusses, doors, windows and their frames, door sills, balustrades, supports and columns): aluminum sheets, rods, profiles, pipes and similar products intended for use in metal structures
15%, but not less
100 euros per 1,000 kg
7611 00 000 0
Tanks, cisterns, tanks and similar aluminum containers for any substances (other than compressed or reduced gas) with a capacity exceeding 300 liters, with or without lining or thermal insulation, but without mechanical or thermal equipment
15%, but not less
100 euros per 1,000 kg
7612
Aluminum barrels, drums, cans, boxes and similar containers (including rigid or deformable tubular containers) for any substances (other than compressed or reduced gas) with a capacity not exceeding 300 liters, with or without lining or thermal insulation, but without mechanical or thermal equipment
15%, but not less
100 euros per 1,000 kg
7613 00 000 0
Containers for compressed or reduced gas, aluminum
15%, but not less
100 euros per 1,000 kg
7614
Twisted wire, cables, braided cords and similar articles made of aluminum without electrical insulation
15%, but not less
100 euros per 1,000 kg
7615
Tableware, kitchen or other household products and their parts made of aluminum; washcloths for cleaning kitchen utensils, pads for cleaning or polishing, gloves and similar products made of aluminum; sanitary equipment and its parts made of aluminum
15%, but not less
100 euros per 1,000 kg
7616
Other aluminum products
15%, but not less
100 euros per 1,000 kg
8607
Parts of railway locomotives or motor cars of a tram or rolling stock
20%, but not less
15 euros per 1,000 kg
Table with correction factors
Classification of goods according to HS
Correction factor
To
2710 11 1100-2710 11 900 9
1,2
0.5 x (0.35 + 0.4)/2 x 1.2 = 0.225
2710 19 110 0-2710 19 290 0
2710 19 410 0-2710 19 490 0
2710 19 510 1-2710 19 550 9
2710 19 610 1-2710 19 690 9
0,8
0.5 x (0.35 + 0.4)/2 x 0.8 = 0.15
2710 19 310 0-2710 19 350 0
0,8
0.5 x (0.35 + 0.4)/2 x 0.8 = 0.15
2713 20 000 0-2713 90 900 0
0,8
0.5 x (0.35 + 0.4) / 2 x 0.8 = 0.15
The Republic of Kazakhstan applies a rental tax on exports in respect of certain types of goods in accordance with the Tax Code of the Republic of Kazakhstan.
HS Code
Naming of positions
Bet
customs duties
Kyrgyz Republic
If the Republic of Tajikistan imposes export customs duties on goods supplied to the Kyrgyz Republic, the Kyrgyz Republic reserves the right to apply similar measures.
With respect to goods exported from the Kyrgyz Republic to the Republic of Kazakhstan, the application of customs duties may be regulated by other multilateral and/or bilateral agreements.
With respect to goods exported from the Kyrgyz Republic to the Russian Federation, the application of customs duties may be regulated by other multilateral (including the Agreement on the Accession of the Kyrgyz Republic to the Customs Union Agreements of March 29, 1996) and/or bilateral agreements.
The Kyrgyz Republic will notify the Parties in advance of the introduction of these measures.
0401
Milk and cream, not condensed and without added sugar or other sweetening substances
0401 10 900 0 Other
11 soms per 1 kg
0401 20 190 0 Other
11 soms per 1 kg
0401 20 990 0 Other
11 soms per 1 kg
0401 30 190 0 Other
11 soms per 1 kg
0401 30 390 0 Other
11 soms per 1 kg
0401 30 990 0 Other
11 soms per 1 kg
4707
Regenerated paper and cardboard
(waste paper and waste)
10 soms per 1 kg
Republic of Moldova
Does not apply.
In case of non-fulfillment by the Parties of the agreements with respect to the Republic of Moldova in accordance with paragraph 15 of Article 2, the Moldovan Side reserves the right to apply adequate measures against those Parties that apply exemptions in trade relations with the Republic of Moldova.
The Republic of Moldova will notify the Parties in advance of the introduction of these measures.
Russian Federation
(in respect of goods exported from the territory of the Russian Federation outside the customs territory of the Customs Union)
With respect to goods exported from the Russian Federation to the Kyrgyz Republic and the Republic of Tajikistan, the application of customs duties may be regulated by other multilateral agreements (including the Agreement on the Accession of the Kyrgyz Republic to the Agreements on the Customs Union of March 29, 1996 and the Agreement on the Accession of the Republic of Tajikistan to the Agreements on the Customs Union of February 26, 1999, respectively). and/or bilateral agreements.
The Russian Federation will notify the Parties in advance of the introduction of these measures.
0302 35 9 000
Tuna blue or common
5 %
0303
frozen fish, with the exception of fish fillets and fish meat of heading 0304
5 %
0306
Crustaceans, whether or not shelled, live, fresh, chilled, frozen, dried, salted or in brine
10 %
1201 00
Soybeans, crushed or unpeeled
20 euros, but not less than 35 euros per 1,000 kg
1205
Rapeseed or colza seeds, crushed or unpeeled
20 euros, but not less than 35 euros per 1,000 kg
1206 00
Sunflower seeds, crushed or unpeeled
20%, but not less than 30 euros per 1,000 kg
1207 50
Mustard seeds
10%, but not less than 25 euros per 1,000 kg
1605
Prepared or canned crustaceans, mollusks and other aquatic invertebrates
5 %
2207, 2208
Ethyl alcohol
6,5 %
2503 00
Sulfur of all kinds, except sublimated, precipitated and colloidal sulfur
6,5 %
2510
Natural calcium phosphates, natural aluminum-calcium phosphates and phosphate chalk
6,5 %
2519
Natural Magnesium carbonate (magnesite);
fused magnesia;
burnt (agglomerated) magnesia, containing or not containing small amounts of other oxides added before agglomeration;
other magnesium oxides, with or without impurities
6,5 %
2523
Portland cement, alumina cement, supersulfate cement and similar hydraulic cements, unpainted or painted, ready-made or in the form of clinkers
6,5 %
2524 Asbestos
3 %
2601
Iron ores and concentrates, including calcined pyrite
6,5 %
2613
Molybdenum ores and concentrates
6,5 %
2615
Zirconium ores and concentrates
6,5 %
2620 19
Other ferrous metal production waste
6,5 %
2704 00
Coke and semi-coke from coal, lignite or peat, retort coal
6,5 %
2705 00 000 0
Coal gas, water gas, generator gas and similar gases, except petroleum gases and other gaseous hydrocarbons
5 %
2706 00 000 0
Coal, lignite, peat and other mineral resins, dehydrated or not dehydrated, partially rectified or not rectified, including "reconstituted" resins
5 %
2707
Oils and other products of high-temperature distillation of coal tar; similar products in which the mass of aromatic components exceeds the mass of non-aromatic
5 %
2707 10
Benzene
A special formula
2707 20
Toluene
A special formula
2707 30
Xylene
A special formula
2708
Pitch and coke obtained from coal tar or other mineral resins
5 %
2709 00
Crude oil and crude oil products obtained from bituminous rocks
According to the official formula, depending on the price of oil on the world market
2710 11
Light distillates and products
A special formula
2710 19
Medium distillates
A special formula
2710 91, 2710 99
Spent petroleum products
A special formula
2711 11
Natural liquefied gas
40 euros per 1,000 kg
2711 12
Propane
A special formula
2711 13
Bhutan
A special formula
2711 14 000 0
Ethylene, propylene, butylene and butadiene
A special formula
2711 19 000 0
Others
A special formula
2711 21 000 0
Natural gas in a gaseous state
30% (for Ukraine it is applied according to a special formula)
2711 29 000 0
Other gases in a gaseous state
5 %
2712 10
Petroleum petroleum jelly
A special formula
2712 20
Paraffin with an oil content of less than 0.75 wt. %:
A special formula
2712 90 310 0
For specific recycling processes
A special formula
2712 90 330 0
For chemical transformations in processes other than those specified in subheading 2712 90 310 0
A special formula
2712 90 390 0
For other purposes
A special formula
Others:
2712 90 910 0
A mixture of 1-alkenes containing 80% by weight. % or more of I-alkenes with a carbon chain length of 24 carbon atoms or more, but not more than 28 carbon atoms
A special formula
2712 90 990 0 Other
A special formula
2713 11 000 0
Non-calcined petroleum coke
A special formula
2713 20 000 0 Petroleum bitumen
A special formula
2713 90
Other residues from the processing of oil or petroleum products obtained from bituminous rocks
A special formula
2714 90 000 0
Natural bitumen and asphalt, asphaltites and asphalt rocks
5 %
2715 00 000 0
Bitumen mixtures based on natural asphalt, natural bitumen, petroleum bitumen, mineral resins or pitch of mineral resins (for example, bitumen mastics, asphalt mixtures for road surfaces)
5 %
2825
Hydrazine and hydroxylamine and their inorganic salts;
other inorganic bases;
oxides, hydroxides and peroxides of metals, other:
6,5 %
2902 20
Benzene
A special formula
2902 30
Toluene
A special formula
2902 41 000 0
o-xylene
A special formula
2902 42 000 0
m-xylene
A special formula
2902 43 000 0
n-xylene
A special formula
2905 13 000 0
Butane-1-ol (n-butyl alcohol)
6,5 %
3104, 3105
Fertilizers, mineral or chemical
5 %
3901, 3902
Polymers of ethylene, propylene or other olefins in primary forms
6,5 %
4101, 4102, 4103
Raw hides
500 euros per 1,000 kg
4104, 4105, 4107
Tanned leather or leather crust from hides of cattle, from skins of sheep or lambs;
leather, additionally treated after tanning or in the form of a leather crust
10%, but not less
90 euros per 1,000 kg
4401
Fuel wood in the form of logs, logs, twigs, bundles of brushwood or in similar forms;
wood chips or shavings;
sawdust and wood waste and scrap, not agglomerated or agglomerated in the form of logs, briquettes, pellets or similar forms
In accordance with the legislation
Of the Russian Federation
4403
Untreated timber, with bark or sapwood removed or not removed, or roughly planed or not planed
In accordance with the legislation
Of the Russian Federation
4406
Wooden sleepers for railway or tram tracks
In accordance with the legislation
Of the Russian Federation
4407
Timber, sawn or split lengthwise, divided into layers or peeled, planed or unpolished, sanded or unpolished, with or without end joints, with a thickness of more than 6 mm
In accordance with the legislation
Of the Russian Federation
4408 90
Facing sheets (including those obtained by separation of laminated wood), for glued plywood or for similar laminated wood and other timber, sawn lengthwise, divided into layers or peeled, planed or not planed, sanded or not sanded, having or not having end joints, with a thickness of not more than 6 mm of other types of wood (other than coniferous and tropical species)
In accordance with the legislation
Of the Russian Federation
4409, 4410, 4412, 4413, 4418, 4421
Sawn timber in the form of profiled mouldings, chipboard and fiberboard, glued plywood, pressed wood in the form of blocks, slabs, beams or profiled shapes, joinery and carpentry products, wooden, construction, other wooden products
In accordance with the legislation
Of the Russian Federation
4701
Wood pulp
10 %
4703
Wood, sodium or sulfate cellulose, except for soluble grades
10 %
4703 21
Semi-bleached or bleached from coniferous species
10%, but not less than 40 euros per 1,000 kg
4704
Wood pulp, sulfite, except for soluble grades
10 %
4704 21
Semi-bleached or bleached from coniferous species
5%, but not less than 15 euros per 1,000 kg
4706,4707
Fibrous mass obtained from regenerated paper or cardboard (waste paper and waste) or from other fibrous cellulosic materials; regenerated paper or cardboard (waste paper and waste)
10 %
4801
Newspaper paper in rolls or sheets
5 %
4802, 4804, 4805, 4808, 4811,
4814, 4817, 4818, 4819, 4820, 4823
Paper and cardboard, articles made of paper pulp, paper or cardboard
10 %
7102, 7103, 7104, 7105, 7107,
7109, 7110, 7111, 7112
Precious or semi-precious stones, precious metals, metals clad with precious metals, and articles made from them
6,5 %
7204, 7302 10 900 0
Ferrous metal waste and scrap;
ferrous metal ingots for remelting (charge ingots);
used rails
15 %, at least
15 euros per 1,000 kg
7401, 7402, 7403
The matte is copper;
cementation copper (precipitated copper), unrefined copper;
copper anodes for electrolytic refining, refined copper and raw copper alloys
10 %
7404
Copper waste and scrap
50%, but not less than 420 euros per 1,000 kg
7405
Copper-based ligatures
10 %
7501, 7502
Nickel matte, nickel oxide agglomerates and other intermediate products of nickel metallurgy; unprocessed nickel
In accordance with the legislation
Of the Russian Federation
7503
Nickel waste and scrap
30%, but not less
720 euros per 1,000 kg
7601
Raw aluminum
5 %
7602
Aluminum waste and scrap
50%, but not less
380 euros per 1,000 kg
7802
Lead waste and scrap
30%, but not less
105 euros per 1,000 kg
7901
Unprocessed zinc
5 %
7902
Zinc waste and scrap
30%, but not less
180 euros per 1,000 kg
8001, 8002
Raw tin;
tin waste and scrap
6,5 %
8101 94, 8101 97, 8102 94, 8102 97, 8103 20, 8103 30
Raw tungsten, waste and scrap of tungsten;
unprocessed molybdenum, waste and scrap of molybdenum;
raw tantalum, tantalum waste and scrap
6,5 %
8105 30
Cobalt waste and scrap
3.0 %, but not less
1,200 euros per 1,000 kg
8106, 8107
Bismuth and articles made from it, including waste and scrap;
cadmium and articles made from it, including waste and scrap
6,5 %
8108 20
Raw titanium, powders
6,5 %
8108 30
Titanium waste and scrap
30%, but not less
225 euros per 1,000 kg
8109 30, 8110 20, 8111 00, 8112 13, 8112 21, 8112 22, 8112 29, 8112 92 200 1, 8112 92 200 9, 8112 52
Zirconium waste and scrap; antimony;
manganese and articles made from it, including waste and scrap; beryllium waste and scrap;
chromium; germanium waste and scrap; vanadium waste and scrap;
waste and scrap of thallium; waste and scrap of niobium (Columbia), rhenium, gallium, India
6,5 %
8607 19
Parts of railway locomotives or tram motor cars or rolling stock: axles, wheels and their parts
15%, but not less
15 euros per 1,000 kg
Republic of Tajikistan
Reserves the right to apply export customs duties in relation to the Parties that apply export customs duties in mutual trade with the Republic of Tajikistan, according to the following nomenclature:
0102, 0104
Live animals
10 %
0201
Chilled meat
10 %
0701-0713
Vegetables and root vegetables
7 %
0802, 0804-0814
Fruits and nuts
7 %
1301
Ferula Resin
50 % but not less
500 euros per 1,000 kg
2001-2009
Processed products of vegetables and fruits
5 %
2711
Petroleum gases and gaseous hydrocarbons
30 %
2716
Electric power
10 euros
for 1,000 kW. hour
4101-4103
Hides and leather raw materials
300 euros per 1,000 kg
5001-5006 Cocoons and silk
20%, but not less
100 euros per 1,000 kg
5101-5110
Wool
20%, but not less
100 euros per 1,000 kg
5201-5212 Cotton Fiber
10 %
7101-7116
Precious and semi-precious stones
30 %
7204
Waste and scrap of ferrous metals
30%, but not less
200 euros per 1,000 kg
7404, 7503, 7602, 7802, 7902, 8002
Waste and scrap and non-ferrous metals
30%, but not less
300 euros per 1,000 kg
7601, 7603-7616
Aluminum and its products
15%, but not less
100 euros per 1,000 kg
The Republic of Tajikistan will notify the Parties in advance of the introduction of these measures.
Ukraine
Republic of Armenia, Republic of Belarus,
Republic of Kazakhstan, Kyrgyz Republic, Republic of Moldova,
Russian Federation, Republic of Tajikistan
1206 00 99 00
Sunflower seeds, crushed or unpeeled
Since January 1, 2007, the duty rate (16%) has been reduced annually by 1 percentage point to a value of 10 %
7202 99 80 00
Ferrochromell and other ferroalloys
The rate of export duty as a percentage of the customs value in accordance with the year of Ukraine's membership in the WTO:
The first one is 30 %,
The second one is 27 %,
The third is 24 %,
The fourth is 24 %,
fifth -21 %,
Sixth -18 %,
Seventh - 15 %
(2010 and 2011 - 24%)
7204 21
Waste and scrap of alloy steel, stainless steel
7204 29 00 00
Other alloy steel waste and scrap
7204 50 00 00
Waste in ingots (charge ingots) for remelting, made of alloy steel
7218 10 00 00
Stainless steel in the form of ingots and other primary forms
7401 00 00 00
The matte is copper;
cementation precipitated copper)
7402 00 00 00
Unrefined copper;
copper anodes for electrolytic refining
7403 12 00 00
Cast blanks for the production of wire (steam bars) from refined copper
7403 13 00 00
Tickets made of refined copper
7403 19 00 00
Other refined copper
7403 21 00 00
Alloys based on copper and zinc (brass)
7403 22 00 00
Alloys based on copper and tin (bronze)
7403 29 00 00
Other copper alloys (excluding ligatures of heading 7405)
7404 00
Copper waste and scrap
7405 00 00 00
Copper-based ligatures
7406
Copper powders and flakes
7415 29 00 00
Other threaded copper products, except washers (including spring washers)
7415 39 00 00
Other threaded copper products (except wood screws, other screws, bolts and nuts)
7418 19 90 00
Household products made of copper and other parts thereof
7419
Other copper products
7419 99 10 00
Fabric (including endless ribbon), copper wire gratings and meshes with a cross-sectional dimension not exceeding 6 mm;
the expanded copper sheet. Copper wire gratings and grids
7503 00
Nickel waste and scrap
7602 00
Aluminum waste and scrap
7802 00 00 00
Lead waste and scrap
7902 00 00 00
Zinc waste and scrap
8002 00 00 00
Tin waste and scrap
8101 97 00 00
Tungsten waste and scrap
8105 30 00 00
Cobalt matte and other intermediate products of cobalt metallurgy; cobalt and cobalt products, including waste and scrap:
cobalt matte and other intermediate products of cobalt metallurgy;
untreated cobalt;
waste and scrap;
powders: waste and scrap
8108 30 00 00
Titanium waste and scrap
8113 00 40 00
Cermets and products made of cermets, including waste and scrap
Republic of Kazakhstan, Russian Federation
Live cattle of domestic species, except purebred (purebred) breeding animals:
Starting from January 1 of the year following Ukraine's accession to the WTO, the export duty rate on goods by codes is reduced annually by 5 percentage points to 10% (the rate at the time of Ukraine's accession to the WTO is 50%) 2011 - 35 %
0102 90 05 00
Domestic species weighing not more than 80 kg
0102 90 21 00
Domestic species weighing more than 80 kg, but not more than 160 kg for slaughter
0102 90 29 00
Domestic species weighing more than 80 kg, but not more than 160 kg by not more than 160 kg are not for slaughter
0102 90 41 00
Domestic species weighing more than 160 kg, but not more than 300 kg for slaughter
0102 90 49 00
Domestic species weighing more than 160 kg, but not more than 300 kg not for slaughter
0102 90 51 00
Heifers (female cattle up to the first division) weighing more than 300 kg for slaughter
0102 90 59 00
Heifers (females of cattle up to the first division) weighing more than 300 kg are not for slaughter
0102 90 61 00
Cows weighing 300 kg for slaughter
0102 90 69 00
Cows weighing 300 kg are not for slaughter
0102 90 71 00
Domestic species, except heifers and cows weighing more than 300 kg for slaughter
0102 90 79 00
Domestic species other than heifers and cows weighing more than 300 kg are not for slaughter
0102 90 90 00
Non-domesticated live cattle
Live sheep
0104 10 10 00
Purebred sheep (purebred)
Breeding animals:
0104 10 30 00
Lambs (up to one year old)
0104 10 80 00
Other live sheep, except purebred (purebred) breeding animals and lambs (under one year of age)
4101
Unprocessed hides of cattle or equine animals (fresh or salted, dried, lime-treated, pickled or otherwise preserved, but not tanned, parchment-cured or further processed), with or without hair, sawn or uncut
4102
Unprocessed sheep or lamb skins (fresh or salted, dried, limed, gilded, pickled or otherwise preserved, but not tanned, parchment-lined or further processed), with or without wool, sawn or unsewn, other than those specified in note 1 to chapter 41 according to the UKTVED
4103 30 00 00, 4103 90 00 00
Raw hides (fresh or salted, dried, limed, gilded, pickled or otherwise preserved, but not tanned, parchment-lined or further processed), with or without hair, sawn or uncut, other than those specified in note 1b or 1b to chapter 41 according to the UKTVED except goats or baby goats and reptiles
Republic of Moldova
4101
Unprocessed hides of cattle or equine animals (fresh or salted, dried, lime-treated, pickled or otherwise preserved, but not tanned, parchment-cured or further processed), with or without hair, sawn or uncut
Starting from January 1 of the year following Ukraine's accession to the WTO, the export duty rate is reduced annually by 1 percentage point to 20% (the rate at the time of Ukraine's accession to the WTO was 30%) 2011 - 27 %
4102
Raw sheep or lamb skins (fresh or salted, dried, limed, gilded, pickled or otherwise preserved, but not tanned, parchment-lined or further processed), with or without wool, sawn or unsewn, other than those specified in note 1 to chapter 41 according to the UKTVED
4103 30 00 00, 4103 90 90 00
Raw hides (fresh or salted, dried, limed, gilded, pickled or otherwise preserved, but not tanned, parchment-lined or further processed), with or without hair, sawn or uncut, other than those specified in note 16 or 1b to chapter 41 according to the UKTVED, except for goats or baby goats and reptiles
7204 10 00 00
Cast iron waste and scrap
Duty rates, euros per ton, over the years of Ukraine's WTO membership:
7204 30 00 00
Ferrous metal waste and scrap, tinned
The first one is 25 euros per 1,000 kg.,
7204 41 10 00
Turning chips, trimmings, debris, milling waste and sawdust from ferrous metals
The second one is 18 euros per 1,000 kg.,
The third is 16.4 euros.
7204 41 91 00
Waste from trimming or stamping, packaged from ferrous metals
for 1,000 kg, the fourth is 14.8 euros
7204 41 99 00
Waste from trimming or stamping, unpackaged from ferrous metals
The fifth is 13.2 euros per 1,000 kg.
7204 49 10 00
Ferrous metal waste and scrap, crushed (cut)
The sixth is 11.6 euros per 1,000 kg.,
7204 49 30 00
Ferrous metal waste and scrap, packaged
The seventh is 10 euros per 1,000 kg.
7204 49 90 00
Ferrous metal waste and scrap, unsorted
In the years following the seventh year after Ukraine's accession to the WTO, export duty rates are at the level of the seventh year in 2011 - 14.8 euros per 1,000 kg.
7204 49 90 00
Ferrous metal waste and scrap, sorted
7204 50 00 00
Waste in ingots (charge ingots) for remelting of ferrous metals, except alloy steel
Russian Federation
1204 00 90 00
Flax seeds, crushed or unpeeled
Since January 1, 2007, the duty rate (16%) has been reduced annually by 1 percentage point to a value of 10 %
1206 00 9100,1206 00 99 00
Sunflower seeds, crushed or unpeeled
1207 99 97 00
Only the seeds of ginger
7204 10 00 00
Cast iron waste and scrap
Duty rates for the years of Ukraine's WTO membership
The first one is 25 euros per 1,000 kg.,
The second one is 18 euros per 1,000 kg.,
The third is 16.4 euros per 1,000 kg.,
The fourth is 14.8 euros per 1,000 kg.,
The fifth is 13.2 euros per 1,000 kg.,
The sixth is 11.6 euros per 1,000 kg.,
The seventh is 10 euros per 1,000 kg.
In the years following the seventh year after Ukraine's accession to the WTO, export duty rates are at the level of the seventh year in 2011 - 14.8 euros per 1,000 kg.
7204 30 00 00
Ferrous metal waste and scrap, tinned
704 41 10 00
Turning chips, trimmings, debris, milling waste and sawdust from ferrous metals
704 41 91 00
Waste from trimming or stamping, packaged from ferrous metals
704 41 99 00
Waste from trimming or stamping, unpackaged from ferrous metals
704 49 10 00
Ferrous metal waste and scrap, crushed (cut)
7704 49 30 00
Ferrous metal waste and scrap, packaged
7204 49 90 00
Ferrous metal waste and scrap, unsorted
7204 49 90 00
Ferrous metal waste and scrap, sorted
7204 50 00 00
Waste in ingots (charge ingots) for remelting of ferrous metals, except alloy steel
Annex 2 to the Free Trade Area Agreement dated October 18, 2011
Republic of Armenia
There are no prohibitions or quantitative restrictions,
subject to cancellation in accordance with paragraph 1 of Article 3
Republic of Belarus
There are no prohibitions or quantitative restrictions,
subject to cancellation in accordance with paragraph 1 of Article 3
Republic of Kazakhstan
There are no prohibitions or quantitative restrictions,
subject to cancellation in accordance with paragraph 1 of Article 3
Kyrgyz Republic
Quotas and import/export bans
Alcoholic products: vodka and special vodka, distilleries, wine materials, wines, sparkling wines, champagne, wine drinks, cognac, brandy, calvados, beer, other strong alcoholic beverages, other low-alcohol beverages (HS codes 2203-2208)
Import quotas
alcoholic beverages,
including beer, except for the import of cognac alcohol and wine materials intended for the production of cognac and champagne.
The Law of the Kyrgyz Republic dated July 9, 2007 No. 98 "On State regulation of the production and turnover of ethyl alcohol and alcoholic and alcohol-containing products".
Applies to the import of alcoholic beverages from non-WTO member countries
The quota volumes and the quota procedure are established by the Decree of the Government of the Kyrgyz Republic dated April 5, 2004 No. 227 "On Approval of the Regulation on the procedure for quotas for the import of alcoholic beverages into the Kyrgyz Republic and the determination of the import quota"
Cancellation date - January 1, 2015
Republic of Moldova
There are no prohibitions or quantitative restrictions to be lifted in accordance with paragraph 1 of Article 3.
Russian Federation
There are no prohibitions or quantitative restrictions to be lifted in accordance with paragraph 1 of Article 3.
Republic of Tajikistan
There are no prohibitions or quantitative restrictions to be lifted in accordance with paragraph 1 of Article 3.
Ukraine
There are no prohibitions or quantitative restrictions to be lifted in accordance with paragraph 1 of Article 3.
Annex 3 to the Free Trade Area Agreement dated October 18, 2011
TRANSITIONAL EXEMPTIONS IN TERMS OF ARTICLES 5 "NATIONAL TREATMENT" AND 10 "PROVISION OF SUBSIDIES"
Description of measures
Duration of the measure
Republic of Kazakhstan
In part of article 5
The provisions of the Agreement do not prevent the Republic of Kazakhstan from applying the requirements for mandatory purchases of domestically produced goods in the implementation of investment projects and contracts for subsurface use within the framework of the legislation of the Republic of Kazakhstan, including The Law of the Republic of Kazakhstan "On Subsoil and Subsurface Use", and provide benefits to domestic producers when making purchases by companies that are directly or indirectly owned by the state (the state's share in which is 50% or more)
Until the entry into force of the relevant obligations of the Republic of Kazakhstan under the WTO
In paragraph 2 of article 10
1. Conditional price reduction for domestic producers when making purchases by subsurface users and companies that are directly or indirectly owned by the state (in which the state's share is 50% or more)
Before joining the
the power of the relevant
obligations of the Republic
Kazakhstan in the framework of the WTO
2. Subsidizing the interest rate on loans from banks of export-oriented industries in accordance with the Resolution of the Government of the Republic of Kazakhstan dated April 13, 2010 No. 301 "On Approval of the Business Roadmap 2020 Program"
Until July 1, 2016 by
loans granted
by credit institutions before July 1, 2011
3. Exemption of goods recognized as Kazakhstani in accordance with the criteria of sufficient processing from customs duties and taxes upon export from the "Free Warehouse" customs regime to the customs territory of the Customs Union in accordance with the Code of the Republic of Kazakhstan dated June 30, 2010 "On Customs Affairs in the Republic of Kazakhstan", the Law of the Republic of Kazakhstan dated December 10, 2008 No. 99-1 "On Taxes and Mandatory payments to the Budget" (Tax Code), Resolution of the Government of the Republic of Kazakhstan dated October 22, 2009 No. 1647 "On Approval of the Rules for determining the country of origin of goods, drawing up and Issuing an Expert examination Report on the origin of goods and registration, certification and issuance of a Certificate of origin of goods", Agreement between the Government of the Republic of Belarus, the Government of the Republic of Kazakhstan and the Government of the Russian Federation on Free warehouses and Customs Procedure free warehouse dated June 18, 2010
Until January 1, 2017
4. Preferences provided under agreements on industrial assembly of motor vehicles concluded in accordance with the legislation of the Republic of Kazakhstan
Until December 31, 2020
Russian Federation
In paragraph 2 of article 10
1. Measures regarding investment agreements that include provisions established by Decree of the President of the Russian Federation No. 135 dated February 5, 1998 "On Additional measures to attract Investment for the development of the domestic Automotive Industry", Resolutions of the Government of the Russian Federation No. 413 dated April 23, 1998 "On Additional measures to Attract Investment for the development of the domestic Automotive Industry", dated March 29, 2005 No. 166 "On Amendments to the Customs Tariff of the Russian Federation in Respect of Automotive Components, imported for industrial assembly" or acts adopted to amend them
Until December 31, 2020
2. Measures applied in accordance with Federal Law No. 13-FZ of January 22, 1996 "On the Special Economic Zone in the Kaliningrad Region"
Until April 1, 2016
Until April 1, 2016
3. Measures applied in accordance with Federal Law No. 104-FZ of May 31, 1999 on the Special Economic Zone in the Magadan Region
Until January 1, 2015
Annex 4 to the Free Trade Area Agreement dated October 18, 2011
Dispute resolution rules
1.If, within 60 days of receiving the request for consultations referred to in paragraph 2 of Article 19 of the Treaty, the Parties have not resolved their dispute or have not agreed to resolve it through conciliation, mediation or any other method, the Party that considers that the other Party to the dispute is not fulfilling its obligations under the Treaty and such non-fulfillment of obligations causes or threatens to damage the economic interests of the first Party, may notify the other Party to the dispute and the other Parties of its decision to submit the dispute to a commission of experts for resolution.
2. In its notification, the Party sets out the substance of the dispute, indicates which provisions of the Agreement, in its opinion, relate to the dispute, and also appoints a member of the commission of experts and proposes up to three candidates for the position of chairman of the commission of experts.
3. The other Party participating in the dispute, within 15 days from the date of receipt of the notification specified in paragraph 1 of these Rules, appoints a member of the commission of experts and proposes up to three candidates for the position of chairman of the commission of experts, which notifies the first Party and the other Parties.
4. Both Parties shall seek to reach agreement on the chairman of the commission of experts within 15 days after the appointment of a member of the commission of experts in accordance with paragraphs 2 and 3 of these Rules. In case of reaching an agreement, the Parties notify the other Parties about it.
5. If a member of the commission of experts is not appointed by a Party in accordance with paragraphs 2 and 3 of these Rules, or if the Parties do not reach agreement on the chairman of the commission of experts in accordance with paragraph 4 of these Rules, such member of the commission of experts and its chairman shall be determined by the Chairman of the CIS Economic Court within 15 days after the expiration of the period specified in paragraph 4 of these Rules.
6. In the event of the death or refusal of a member or chairman of the commission of experts to participate in the work, another person is appointed (elected) within 15 days in accordance with the procedure that was applied when he was appointed (elected). In this case, the term of work established for the commission of experts is suspended for a period beginning on the day of the death or refusal of the person and ending on the day of the appointment (election) of another person in his place.
7. The appointment (election) of the members and chairman of the commission of experts in accordance with these Rules is carried out from among the persons included in the list compiled by the depositary of the Treaty in accordance with the proposals of the Parties. Within 90 days after the entry into force of the Agreement, the Parties must send proposals to the depositary of the Agreement.
Each Party may appoint three individuals who are willing and able to serve as members of the expert commission. The names of all persons appointed in this way form a list of persons involved in dispute resolution.
Such persons are appointed solely on the basis of their objectivity, honesty and sound judgment, and they must have the broadest knowledge and experience in the field of law, international trade or other matters governed by the Treaty. When performing any duties in accordance with these Rules, such designated persons should not have connections with any Party or receive instructions from it.
These persons are appointed for a renewable term of five years and perform their duties until their successors are appointed. The appointed person, whose term of office expires, continues to perform any duties for which this person was elected in accordance with these Rules.
8. Unless the Parties to the dispute agree otherwise, the Chairman of the commission of experts must not be a national of the Parties to the dispute.
9. When resolving a dispute, the interests of other Parties are taken into account. Any other Party with a significant interest in the case has the right to be heard by the expert commission and to submit written submissions to it, provided that both the Parties to the dispute and the other Parties have received written notification of their interest no later than the date of the formation of the expert commission.
10. The Commission of Experts is considered to be formed from the date of notification in accordance with paragraph 4 or paragraph 5 of these Rules.
11. The Commission of Experts is guided in its work by The Standard Rules of Dispute Resolution Procedure set out in the addendum to these Rules. The Commission of Experts also has the right to adopt additional rules of procedure that do not contradict the Standard Rules of Dispute Resolution Procedure.
12. When considering a case before a commission of experts, each Party to the dispute and any other Party that has notified its interest in accordance with paragraph 9 of these Rules shall have the right to at least one hearing before the commission of experts and to submit a written statement. The parties to the dispute also have the right to submit written counterarguments.
The Commission of Experts may favourably consider a request from any other Party that has notified its interest in accordance with paragraph 9 of these Rules for access to any written submission to the commission of experts with the consent of the Party that made the submission.
13. Having considered the counter-arguments, the commission of experts submits for consideration by the Parties to the dispute the descriptive sections of its draft written report, including a statement of facts and a summary of the arguments put forward by the Parties to the dispute. The parties to the dispute are given the opportunity to submit written comments on the descriptive sections within the time limit set by the expert commission.
14. After the date set for the submission of comments by the Parties, the commission of experts submits a preliminary written report for consideration by the Parties to the dispute, including both descriptive sections and proposed conclusions and decisions of the commission of experts.
Within the time limit set by the commission of experts, the Party to the dispute may request the commission of experts in writing to review certain aspects of the preliminary report by the commission of experts before the final report is issued.
Prior to the release of the final report, the commission of experts may, at its discretion, meet with the Parties to the dispute to consider the issues raised in such a request.
15. The final report contains descriptive sections (including a statement of facts and a summary of arguments put forward by the Parties to the dispute), the conclusions and conclusions of the commission of experts, as well as a discussion of arguments put forward on specific aspects of the preliminary report at the stage of its revision. The final report examines each significant issue raised by the commission of experts and necessary to resolve the dispute, and substantiates the decisions taken by the commission of experts.
16. The Commission issues its final report, providing it immediately to the Parties involved in the dispute, and also distributes the final report to other Parties.
17. The proceedings before the commission of experts are confidential. The Commission of Experts objectively examines the issues submitted for its consideration, including the circumstances of the dispute and the compliance of the measures with the provisions of the Treaty.
18. In carrying out its duties, the commission of experts consults with the Parties involved in the dispute and provides them with an appropriate opportunity to reach a mutually acceptable solution. Unless the Parties to the dispute agree otherwise, the commission of experts shall base its decision on the arguments and submissions of the Parties to the dispute.
19. Unless the Parties to the dispute agree otherwise, all procedures used by the commission of experts, including the issuance of its final report, must be completed within 180 days from the date of the formation of the commission of experts.
In cases of special urgency, including disputes related to perishable goods, the commission of experts makes every effort to complete the issuance of the final report within 90 days from the date of its formation. Under no circumstances should this period exceed 120 days.
The Commission of Experts may issue a preliminary opinion as to whether the relevant case is urgent.
20. The Commission of Experts determines its own jurisdiction; such a decision is final and binding.
Any objection by a Party to the dispute who considers that a particular dispute does not fall within the competence of the commission of experts is considered by the commission, which decides whether to consider such an objection as a preliminary issue or to attach it to the circumstances of the dispute.
All decisions of the commission of experts, including the adoption of the final report and the issuance of any preliminary opinion, are taken by a majority vote.
21. If the commission of experts concludes that the measure introduced or retained by the Party against whom the complaint is filed does not comply with the provisions of the Agreement, the commission recommends that this measure be brought into line with the Agreement. In addition to its recommendations, the expert commission may suggest ways to implement the recommendation.
The complaining Party shall, within 30 days from the date of the issuance of the final report of the commission of experts, inform the other Party to the dispute and other Parties of the measures it intends to take to implement the decision and/or recommendation of the commission of experts, and, where appropriate, of the reasonable time it considers appropriate. in his opinion, it is necessary to take action.
22. If a Party fails to comply with the decision and/or recommendation contained in the final report of the commission of experts within a reasonable period of time, the Party involved in the dispute and which has suffered damage as a result of such non-compliance may submit to the non-executing Party a written request that the non-executing Party enter into negotiations in order to agree on mutually acceptable compensation. In the event of receiving such a request, the non-executing Party shall immediately enter into such negotiations.
23. If an agreement cannot be reached within 30 days from the date of submission of the request for mutually acceptable compensation, the Party that suffered the damage has the right to suspend, in relation to the Party that does not comply with the decision of the commission of experts, the effect of concessions or other contractual obligations, the amount and/or effect of which is equivalent to cancelled or reduced benefits as a result of the application of a measure in violation of The agreement.
If the suspension of assignments or other contractual obligations in the same sector or sectors that have been affected by a measure found to be contrary to the Contract is impossible or ineffective, the injured Party may suspend the assignments or other contractual obligations in other sectors.
24. Before suspending the operation of concessions or other obligations, the injured Party informs the non-executing Party of the nature and scope of the suspension it is planning.
If the non-executing Party submits to the injured Party a written objection to the amount of suspended assignments or other obligations proposed by the latter, such objection is submitted to arbitration, as described below. The proposed suspension of assignments or other obligations is postponed until the conclusion of the arbitration and until the decision of the arbitration commission becomes final and binding.
25. The arbitration commission is the same commission of experts that has made a decision or recommendation regarding a breach of Contract and operates according to its procedural rules.
26. The Arbitration Commission determines whether the level of concessions or other obligations offered for suspension by the injured Party corresponds to the level of reduction or cancellation of benefits, as well as the applicability of such suspension. It does not consider the nature of the suspended assignments or obligations, except in cases where it is inseparable from determining the scope of the suspended assignments or obligations.
27. The Arbitration Commission shall send its written determination to the injured and non-executing Party and the other Parties within 60 days after the formation of the commission or within another period that may be agreed between the injured and non-executing Parties.
The ruling of the arbitration commission becomes final and binding 30 days after the date of its issuance.
28. The suspension of benefits is temporary and is applied by the Party that suffered the damage until the measure deemed inconsistent with the provisions of the Treaty is lifted or amended in order to bring it in line with the provisions of the Treaty or until the Parties reach another mutually acceptable solution.
29. Any period mentioned in these Rules may be extended by mutual agreement of the Parties.
Addendum to appendix 4
(Dispute Resolution Rules)
to the Free Trade Area Agreement
dated October 18, 2011
Standard rules of dispute resolution procedure Definitions
1. In these Model Rules:
"adviser" means a person hired by a Party to advise or assist it in connection with proceedings within the commission of experts;
"Claimant Party" means any Party that has requested the establishment of a commission of experts in accordance with these Model Rules;
"representative of the Party" means an employee of a government agency or any other government agency of the Party.
2. Unless otherwise agreed by the Parties, they will meet with the expert commission within 15 days from the date of its establishment in order to resolve the following issues:
the amount of remuneration for members and the chairman of the expert commission and the amount of expenses reimbursed to them, which usually comply with WTO rules, the procedure and terms of payment of remuneration and expenses;
venue and organization of the proceedings;
some other issues that, in the opinion of the Parties, should be resolved.
Paid remuneration and expenses are distributed equally between the disputing Parties.
Authority
3. Unless otherwise agreed by the Parties within 20 days from the date of the request to establish a commission of experts, its powers are as follows: to consider, in the light of the relevant provisions of the Treaty, the issues set out in the notification provided in accordance with paragraph 2 of these Model Rules, and to make an opinion on the compliance of the contested measures of the Treaty.
4. The Parties shall immediately bring all agreed powers to the attention of the commission of experts.
Written statements and other documents
5. The Party or the commission of experts shall send any request, written submission or other document in accordance with the agreement reached pursuant to paragraph 2 of these Model Rules regarding the organization of the proceedings.
6. If possible, the Party shall provide a copy of the document on a magnetic medium.
7. Unless otherwise agreed in accordance with paragraph 2 of these Model Rules, a Party shall transmit a copy of each of its written submissions to the other Party and to each of the members of the expert commission.
8. The claimant Party shall send its initial written submission no later than 25 days after the date of the establishment of the expert commission.
The respondent Party shall send its written counter-submission no later than 20 days after the date of receipt of the initial written submission.
Unless otherwise agreed in accordance with paragraph 2 of these Model Rules with respect to any request, notification or other document related to the work of the commission of experts and covered by the provisions of paragraph 6 or 7 of these Model Rules, one Party shall provide the other Party and each of the members of the commission of experts with a copy of the document by fax or other electronic means data.
9. Minor clerical errors in any request, notification, written submission or other document related to the work of the commission of experts can be corrected by submitting a new document with a clear indication of the changes made.
10. If the last day of delivery of the document falls on an official day off or any other day on which institutions are closed by government decision or due to force majeure, the document can be delivered on the next business day.
Organization of the work of the Commission of experts
11. All meetings of the expert commission are chaired by its chairman.
The Commission of Experts may delegate to the Chairman the authority to make decisions on administrative and procedural matters.
12. Except in cases where these Model Rules provide otherwise, the commission of experts may carry out its work by any means, including by telephone, fax or computer communication.
13. Only representatives of the Parties may participate in discussions at meetings of the commission of experts, but the commission of experts may allow assistants, administrative staff, interpreters or translators to be present during any such discussion.
Any person present at such a discussion shall respect confidentiality to the extent required for the performance of this task during the performance of their functions or after their termination.
14. If a procedural issue arises that is not covered by these Model Rules, the commission of experts may adopt an appropriate procedure that should not contradict the Dispute Resolution Rules.
15. If the commission of experts considers that there is a need to change any deadlines or make any other procedural or administrative adjustments to the work, it shall inform the Parties in writing of the reasons for such a change, indicating the necessary deadlines or adjustments.
Hearings
16. The Chairman shall set the date and time of the hearing in consultation with the Parties and other members of the expert commission in accordance with the agreement reached under paragraph 2 of these Model Rules.
The parties shall be notified in writing of the date, time and place of the hearing in accordance with the agreement reached under paragraph 2 of these Model Rules.
17. Unless otherwise agreed by the Parties, the hearing will be held in St. Petersburg.
18. The Commission of Experts may convene additional hearings if the Parties agree to this.
19. The following persons may attend the hearing::
Representatives of the Parties;
the advisers of the Parties provided that they do not apply to the expert commission and that neither they nor their employers, business partners or family members have any financial or personal interest in the proceedings.;
administrative staff, interpreters and translators;
assistants to the representatives of the Parties.
20. No later than five days before the date of the hearing, each Party shall submit a list of those who will speak or present facts at the hearing on behalf of that Party and other representatives or advisers who will attend the hearing.
21. The hearing is conducted by a commission of experts, provided that the Plaintiff Party and the Defendant Party are given the same time.
Argumentation
22. The arguments of the Plaintiff Party.
23. The Respondent Party's response arguments.
Refutations
24. The response of the plaintiff Party.
25. The response of the Respondent Party.
26. During the hearings, the members of the expert commission may ask questions from either Side at any time.
27. The minutes of each hearing shall be drawn up in accordance with the agreement reached under paragraph 2 of these Model Rules, and shall be submitted to the Parties and the commission of experts as soon as possible after its preparation.
28. In the course of its work, the commission of experts may at any time ask questions in writing to one or both Parties.
29. The Party to whom the expert commission sends written questions shall provide a copy of any written response.
Each Party is given the opportunity to provide written comments on the response within five days of its submission.
30. Within 10 days after the date of the hearing, each Party may submit an additional written submission on any issue raised during the hearing.
Rules of interpretation and burden of proof
31. The Commission interprets the provisions of the Agreement in accordance with the norms of public international law.
32. The Party claiming that the other Party's measure does not comply with the provisions of the Treaty bears the burden of proving such inconsistency.
33. A party claiming that a measure falls under an exception under the Treaty bears the burden of proving that such an exception applies.
Confidentiality
34. The parties, all experts involved in the preparation and conduct of the proceedings, and all participants in the hearings shall maintain the confidentiality of the hearings of the commission of experts, its work and initial report, as well as all written submissions and communications to the commission of experts.
35. The Commission of Experts may request information. At the same time, none of the Parties is required to provide information if disclosure of this information to the requesting authority is prohibited by the national legislation of the Party that holds the information or would be incompatible with the most important interests of that Party.
36. Confidential information, the dissemination of which is not prohibited, but is legally restricted, or which, if disseminated, may affect the interests of a Party, is provided only with the written consent of the source of this information.
The Commission of Experts preserves and ensures the confidentiality of any information provided to it in a confidential form by a Party during the proceedings, and rejects any request from a third party to disclose such information that is not authorized by the Party that provided the information.
Contacts without the participation of one of the Parties
38. The Commission of Experts does not meet with any of the Parties and does not have contacts with it in the absence of the other Party.
The role of experts
39. At the request of one of the Parties or on its own initiative, the commission of experts may request from any person or body information or technical recommendations that it deems necessary, provided that the Parties agree to this and in accordance with such conditions as the Parties may agree to.
40. If, in accordance with paragraph 39 of these Model Rules, a request is received to submit a written report by an expert, any time limit applicable to the proceedings before the commission of experts shall be suspended for a period beginning on the date of submission of the request and ending on the date of submission of the report to the commission of experts.
Reports of the Commission of Experts
41. Unless otherwise agreed by the Parties, the commission of experts shall base its report on the submissions and arguments of the Parties and on any information provided to it in accordance with paragraph 39 of these Model Regulations.
42. After considering the written comments of the Parties on the initial report, the commission of experts, on its own initiative or at the request of one of the Parties, may:
request the other Party's opinion;
Review your report;
conduct any other research that she deems necessary.
Cases of special complexity
43. In cases of special urgency, the commission of experts adjusts the timing of the submission of the initial report and the comments of the Parties on such a report accordingly.
Written and oral translation
44. The Party shall notify in writing of the language in which written and oral representations will be made, no later than at the meeting provided for in paragraph 2 of these Model Rules.
Each Party shall arrange and bear the costs of translating its written submissions in Russian. At the request of the Party that submitted the submission, the commission of experts may suspend the proceedings for the time necessary for that Party to complete the transfer.
The reports of the expert commission are written in Russian.
Time calculation
45. Where it is necessary to do something in accordance with the Dispute Resolution Rules or these Standard Rules, or when the commission of experts requires something to be done within a number of days after, before, or on a specific day or during a specific event, the specified date or date when the specified event takes place is not taken into account when calculating this number of days.
46. When, by virtue of paragraph 10 of these Model Rules, a Party receives a document on a date other than when the same document was received by the other Party, any time period that depends on such receipt shall be calculated from the date of receipt of the last such document.
Annex 5 to the Free Trade Area Agreement dated October 18, 2011
The LIST of international documents that expire after the entry into force of the Free Trade Area Agreement
Name of the document
Note
1. Agreement on the establishment of a free trade zone
(04/15/1994, Moscow, Council of CIS Heads of State)
2. Protocol on Amendments and Additions to the Agreement on the Establishment of a Free Trade Zone dated April 15, 1994 (02.04.1999, Moscow, Council of CIS Heads of State)
3. Protocol on the rules of procedure for consultations on the phased abolition of exemptions from the free Trade regime of the States parties to the Agreement on the Establishment of a Free Trade Zone (December 24, 1999, Moscow, CIS Economic Council on behalf of the Council of CIS Heads of Government)
4. Protocol on the rules for licensing imports by the States parties to the Agreement on the Establishment of a Free Trade Zone (11/30/2000, Minsk, Council of CIS Heads of Government)
5. Protocol on the Phased Abolition of Restrictions in Mutual Trade of the CIS member States (03.06.2005, Tbilisi, Council of CIS Heads of Government)
Annex 6 to the Free Trade Area Agreement dated October 18, 2011
Note to paragraph 1 of Article 18 of the agreement on the free trade zone of the member States of the Customs Union
If the participation of one of the Parties in the agreement provided for in paragraph 1 of Article 18 leads to an increase in imports from such a Party in such quantities that damage or threaten to damage the industry of the Customs Union, the member States of the Customs Union, without prejudice to the application of Articles 8 and 9 of this Treaty, after appropriate consultations by the Parties, leave reserves the right to impose duties on imports of relevant goods from such a first Party in the amount of the most-favored-nation treatment rate.
I hereby certify that the attached text is an authentic copy of the Free Trade Area Agreement adopted at the meeting of the Council of Heads of Government of the Commonwealth of Independent States, which took place on October 18, 2011 in St. Petersburg. The original copy of the above-mentioned Agreement is kept in the Executive Committee of the Commonwealth of Independent States.
First Deputy Chairman
The Executive Committee
Executive Secretary
V.Garkun
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
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases
