On the ratification of the Agreement on Common Rules for Determining the Country of Origin of Goods

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Law of the President of the Republic of Kazakhstan dated February 17, 2009 No. 136-IV

RCPI's note! The Agreement shall expire on the date of entry into force of the relevant decision of the Commission in accordance with Article 102 of the Treaty, ratified by the Law of the Republic of Kazakhstan dated 14.10.2014 No. 240-V (for the procedure of entry into force, see Article 102).

To ratify the Agreement on Common Rules for Determining the Country of Origin of Goods, signed in Moscow on January 25, 2008.

President of the Republic of Kazakhstan N. Nazarbayev

AGREEMENT on Common rules for determining the Country of Origin of Goods

(Bulletin of International Treaties of the Republic of Kazakhstan, 2010, No. 5, Article 36) (Entered into force on July 1, 2010)

The Government of the Republic of Belarus, the Government of the Republic of Kazakhstan and the Government of the Russian Federation, hereinafter referred to as the Parties, in order to simplify and harmonize customs procedures in trade with States that are not parties to this Agreement (hereinafter referred to as third countries), desiring to create favorable conditions for the development of trade based on mutual benefit and international law, striving to strengthen multilateral of the trading system, have agreed on the following:

Article 1

In the common customs territory of the States of the Parties, goods originating from third countries, with the exception of goods originating from developing and least developed countries and countries with free trade agreements to which all States of the Parties are parties, shall apply Rules for determining the country of origin of goods in accordance with the annex, which forms an integral part of this Agreement. The rules for determining the country of origin of goods from developing and least developed countries are approved by a separate agreement between the Parties. With respect to goods originating from a country that has a free trade agreement to which all States of the Parties are parties, the rules for determining the country of origin of goods established by this agreement shall apply.

Article 2

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

Article 3

By agreement of the Parties, amendments may be made to this Agreement, which are formalized in separate protocols of the Parties.

Article 4

The procedure for entry into force, accession to and withdrawal from this Agreement shall be determined by Protocol on the procedure for the entry into force of international treaties aimed at forming the legal framework of the Customs Union, withdrawal from them and accession to them dated October 6, 2007.

Done in Moscow on January 25, 2008, in one original copy in the Russian language. The original copy of this Agreement is kept in The Integration Committee of the Eurasian Economic Community, which, as its depositary, will send each Party a certified copy of it.

For the Government of the Republic of Belarus

For the Government of the Republic of Kazakhstan

For the Government Of the Russian Federation

Annex to the Agreement on Common Rules for Determining the Country of Origin of Goods

RULES for determining the country of origin of goods

1. The concepts used in these Rules mean the following: value added - the difference between the price of goods on a free-of-charge basis and the cost of imported raw materials used for its production; batch of goods - goods that are sent according to one transport document to the address of one recipient by one sender, as well as goods sent according to one postal waybill or transported as hand luggage by one individual crossing the customs border; Country of origin of goods is a country in which the goods have been fully produced or sufficiently processed in accordance with the criteria for sufficient processing of goods established by these Rules. In this case, the country of origin of goods can be understood as a group of countries, or customs unions of countries, or a region or part of a country, if there is a need to separate them for the purpose of determining the country of origin of goods.; The free-to-work price is the price of the product to be paid to its manufacturer, who carried out the last significant processing of the product, minus all internal taxes that are paid or may be paid upon its export. 2. Goods fully produced in a given country are considered to be: 1) minerals extracted from the bowels of the country, in its territorial sea (waters) or at the bottom of this sea; 2) products of plant origin grown or harvested in this country; 3) live animals born and raised in this country; 4) products obtained in a given country from animals raised in it; 5) products obtained as a result of hunting and fishing in a given country; 6) products of marine fishing and other marine products obtained by a vessel of a given country; 7) products obtained on board a processing vessel of a given country exclusively from products specified in subparagraph 6 of this paragraph; 8) products obtained from the seabed or from the marine subsoil outside the territorial sea (waters) of a given country, provided that this country has the exclusive rights to develop the resources of this seabed or these marine subsoil; 9) waste and scrap (secondary raw materials) obtained as a result of production or other operations for processed in this country, as well as used products assembled in this country and suitable only for processing into raw materials; 10) high-tech products obtained in outer space on space objects, if this country is the State of registration of the relevant space object; 11) goods manufactured in this country exclusively from products specified in subparagraphs 1) -10) of this paragraph. 3. If two or more countries are involved in the production of the goods, the country of origin of the goods is considered to be the country in which the last processing or manufacturing operations were carried out that meet the criteria for sufficient processing established in accordance with these Rules. 4. If the specifics of determining the country of origin of goods in accordance with paragraph 6 of these Rules are not specifically specified with respect to certain types of goods or any country, the goods are considered to originate from that country if, as a result of processing or manufacturing operations, the classification code of the goods under the Unified Commodity Nomenclature of Foreign Economic Activity has changed at the level of any of the first four characters. 5. Regardless of the provisions set out in paragraph 4 of these Rules, the following do not meet the criteria for sufficient processing: 1) operations to ensure the safety of goods during storage or transportation; 2) operations to prepare goods for sale and transportation (batch division, shipment formation, sorting, repacking) for disassembly and assembly of packaging; 3) simple assembly and disassembly operations, as well as other operations, the implementation of which does not significantly change the condition of the goods, according to the list determined by the Customs Union Commission established in accordance with the Agreement on the Customs Union Commission of October 6, 2007; 4) mixing of goods (components), which does not lead to significant the difference between the products obtained and the initial components; 5) slaughter of animals, cutting (sorting) of meat; 6) washing, cleaning, dust removal, coating with oxide, oil or other substances; 7) ironing or pressing of textiles (any types of fibers and yarns, woven materials from any types of fibers and yarns and products made from them); 8) painting or polishing operations; 9) peeling, partial or complete bleaching, grinding and polishing of cereals and rice; 10) operations for coloring sugar or forming lumpy sugar; 11) peeling, extracting seeds and cutting fruits, vegetables and nuts; 12) sharpening, simple grinding or simple cutting; 13) sieving through a sieve or sieve, sorting, classifying, selecting, selecting (including making sets of products); 14) bottling, packing into cans, vials, bags, boxes, cartons and other simple packaging operations; 15) dividing goods into components, which does not lead to a significant difference in the received components from the original product; 16) a combination of two or more specified operations. 6. To determine the country of origin of goods, the following criteria for sufficient processing are also used in accordance with the procedure determined by the Customs Union Commission: 1) fulfillment of certain conditions, production or technological operations sufficient for the country of origin of goods to be considered the country where these operations took place; 2) change in the value of goods when a percentage of the cost of materials used or the added value reaches a fixed share in the price of the final product (the ad valorem share rule). 7. If the ad valorem share rule is applied, the cost indicators are calculated: 1) for imported materials - according to the customs value of these materials when they are imported into the country where the final product is manufactured, or (if the origin of the imported materials is unknown) (RF) according to the documented price of their first sale in the country, in which produces the final product; 2) for the final product - at a free-of-charge price. 8. When determining the country of origin, goods in disassembled or unassembled form, delivered in several batches due to the impossibility of their shipment in one batch due to production or transport conditions, as well as goods whose batch is divided into several batches as a result of an error, are considered at the request of the declarant as a single product. 9. The rule provided for in paragraph 8 of these Rules applies if the following conditions are met simultaneously: 1) prior notification to the customs authority of the country of import of goods in disassembled or unassembled form, delivered in several batches, or the division of goods into several batches, indicating the reasons for such separation, attaching the specifications of each batch indicating the codes of goods according to the Unified Commodity Nomenclature of Foreign Economic Activity, the cost and country of origin of the goods included in each batch, or documentary confirmation of the erroneous division of goods into several batches; 2) delivery of all batches of goods from one country by one supplier; 3) declaration of all batches of goods to one customs authority; 4) delivery of all batches of goods under one contract; 5) delivery of all batches of goods within a period not exceeding one year from the date of acceptance of the customs declaration or before the deadline for its submission in respect of the first batch of goods. Upon a reasoned declaration by the declarant, if it is impossible to deliver all shipments of goods for reasons beyond the control of the recipient of the goods, these deadlines may be extended by the customs authority for the time required for the delivery of all shipments of goods, but not more than one year. 10. When determining the country of origin of goods, the origin of the heat and electric energy, machinery, equipment and tools used for their production or processing is not taken into account. 11. Devices, accessories, spare parts and tools intended for use with machines, equipment, apparatuses or vehicles are considered to originate from the same country as machines, equipment, apparatuses or vehicles if such devices, accessories, spare parts and tools are imported and used in conjunction with the specified machines, equipment, devices or vehicles in the configuration and quantity that are usually supplied with these devices in accordance with the technical documents. 12. The packaging in which the goods are imported is considered to originate from the same country as the goods themselves, except in cases where the packaging, taking into account the Unified Commodity Nomenclature of Foreign Economic Activity, is subject to declaration separately from the goods. In this case, the country of origin of the package is determined separately from the country of origin of the goods. If the packaging in which the goods are imported into the customs territory is considered to originate from the same country as the goods themselves, then only the packaging in which the goods are sold in retail is taken into account to determine the country of origin, including when applying the ad valorem rule provided for in subparagraph 2 of paragraph 6 of these Rules.

12) sharpening, simple grinding or simple cutting; 13) sieving through a sieve or sieve, sorting, classifying, selecting, selecting (including making sets of products); 14) bottling, packing into cans, vials, bags, boxes, boxes and other simple packaging operations; 15) separation of goods 16) a combination of two or more specified operations, which does not lead to a significant difference between the received components and the original product. 6. To determine the country of origin of goods, the following criteria for sufficient processing are also used in accordance with the procedure determined by the Customs Union Commission: 1) fulfillment of certain conditions, production or technological operations sufficient for the country of origin of goods to be considered the country where these operations took place; 2) change in the value of goods when a percentage of the cost of materials used or the added value reaches a fixed share in the price of the final product (the ad valorem share rule). 7. If the ad valorem share rule is applied, the cost indicators are calculated: 1) for imported materials - according to the customs value of these materials when they are imported into the country where the final product is manufactured, or (if the origin of the imported materials is unknown) (RF) according to the documented price of their first sale in the country, in which produces the final product; 2) for the final product - at a free-of-charge price. 8. When determining the country of origin, goods in disassembled or unassembled form, delivered in several batches due to the impossibility of their shipment in one batch due to production or transport conditions, as well as goods whose batch is divided into several batches as a result of an error, are considered at the request of the declarant as a single product. 9. The rule provided for in paragraph 8 of these Rules applies if the following conditions are met simultaneously: 1) prior notification to the customs authority of the country of import of goods in disassembled or unassembled form, delivered in several batches, or the division of goods into several batches, indicating the reasons for such separation, attaching the specifications of each batch indicating the codes of goods according to the Unified Commodity Nomenclature of Foreign Economic Activity, the cost and country of origin of the goods included in each batch, or documentary confirmation of the erroneous division of goods into several batches; 2) delivery of all batches of goods from one country by one supplier; 3) declaration of all batches of goods to one customs authority; 4) delivery of all batches of goods under one contract; 5) delivery of all batches of goods within a period not exceeding one year from the date of acceptance of the customs declaration or before the deadline for its submission in respect of the first batch of goods. Upon a reasoned declaration by the declarant, if it is impossible to deliver all shipments of goods for reasons beyond the control of the recipient of the goods, these deadlines may be extended by the customs authority for the time required for the delivery of all shipments of goods, but not more than one year. 10. When determining the country of origin of goods, the origin of the heat and electric energy, machinery, equipment and tools used for their production or processing is not taken into account. 11. Devices, accessories, spare parts and tools intended for use with machines, equipment, apparatuses or vehicles are considered to originate from the same country as machines, equipment, apparatuses or vehicles if such devices, accessories, spare parts and tools are imported and used in conjunction with the specified machines, equipment, devices or vehicles in the configuration and quantity that are usually supplied with these devices in accordance with the technical documents. 12. The packaging in which the goods are imported is considered to originate from the same country as the goods themselves, except in cases where the packaging, taking into account the Unified Commodity Nomenclature of Foreign Economic Activity, is subject to declaration separately from the goods. In this case, the country of origin of the package is determined separately from the country of origin of the goods. If the packaging in which the goods are imported into the customs territory is considered to originate from the same country as the goods themselves, then only the packaging in which the goods are sold in retail is taken into account to determine the country of origin, including when applying the ad valorem rule provided for in subparagraph 2 of paragraph 6 of these Rules.

I hereby certify that this text is a certified copy of a certified copy of the Agreement on Common Rules for Determining the Country of Origin of Goods, concluded on January 25, 2008 in Moscow.

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

President

Republic of Kazakhstan

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