On the ratification of the Agreement on the Transfer of Service and Civilian Weapons between the Member States of the Eurasian Economic Union

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The Law of the Republic of Kazakhstan dated October 18, 2017 No. 97-VI SAM.

To ratify the Agreement on the Transfer of service and civilian weapons between the member States of the Eurasian Economic Union, signed in Yerevan on May 20, 2016.

President of the Republic of Kazakhstan

N. Nazarbayev

Agreement on the transfer of service and civilian weapons between the Member States of the Eurasian Economic Union

The member States of the Eurasian Economic Union represented by their Governments, hereinafter referred to as the Member States,

based on the Treaty on the Eurasian Economic Union of May 29, 2014,

Wishing to promote the development of balanced mutually beneficial relations in various fields of cooperation,

Striving to create favorable conditions for the effective functioning of the Eurasian Economic Union (hereinafter - the Union),

have agreed on the following:

Article 1

For the purposes of this Agreement, the following concepts are used:

"internal transit" means the import (export) of service and (or) civilian weapons into the territory of one Member State from the territory of another Member State through the territory of a third Member State, as well as the import (export) of service and (or) civilian weapons from part of the territory of one Member State to another part of its territory. through the territory of another Member State;

"applicant" is a legal entity or individual, including one registered as an individual entrepreneur, who has applied for a permit document.;

"competent authority" means the authority of a Member State authorized to issue permits in accordance with the legislation of that State.;

"transfer" is the import (export) of service and (or) civilian weapons into the territory of one Member State from the territory of another Member State.;

"authorization document" is a document confirming the right to transfer and internal transit of service and (or) civilian weapons, issued by the competent authority of a Member State in accordance with the legislation of that State.;

"service and (or) civilian weapons" means service and (or) civilian weapons, their main (component) parts and cartridges, as well as weapons of cultural value in accordance with the legislation of the Member States, specified in sections 1.6 and 2.22 of the unified list of goods to which non-tariff regulatory measures apply. in trade with third countries registered in one of the Member States.

Other concepts used in this Agreement are applied in the meanings defined by the Treaty on the Eurasian Economic Union of May 29, 2014 and international treaties concluded within the Union.

Article 2

This Agreement regulates relations related to the movement and internal transit of service and civilian weapons, as well as interaction between competent authorities on issues related to State control over such movement and internal transit.

This Agreement does not apply to export control relations.

Article 3

This Agreement applies to: legal entities engaged in the movement and internal transit of service and civilian weapons;

individuals registered as individual entrepreneurs engaged in the movement and internal transit of civilian weapons in connection with their business activities, if this is provided for by the legislation of the Member States.;

individuals engaged in the movement and internal transit of civilian weapons, as well as civilian and/or service weapons obtained on the basis of award documents in accordance with the legislation of the Member State.

Article 4

The Member States shall exercise State control over the movement and internal transit of service and civilian weapons in accordance with this Agreement and the legislation of the Member State.

Legal entities and individuals registered as individual entrepreneurs may carry out the movement and internal transit of service and (or) civilian weapons if the original permit document is included in the package of shipping documents.

Individuals may carry out the movement and internal transit of civilian weapons, as well as civilian and/or service weapons obtained on the basis of award documents in accordance with the legislation of a Member State, only if they have the original permit document.

Movement and internal transit of service and civilian weapons without permits are not allowed.

A permit for the temporary import (temporary export) of service or civilian weapons is also a permit for the return export (import).

Article 5

The movement and internal transit of service and civilian weapons can be carried out in the following cases::

a) the importation into the territory of one Member State from the territory of another Member State and the export from the territory of one Member State to the territory of another Member State of service and (or) civilian weapons by legal entities for further sale in accordance with the legislation of the Member State;

b) the importation into the territory of one Member State from the territory of another Member State and the export from the territory of one Member State to the territory of another Member State by individuals of civilian weapons acquired in the territory of a Member State other than the nationality of the individual;

c) the importation into the territory of one Member State from the territory of another Member State and the export from the territory of one Member State to the territory of another Member State by individuals of civilian and (or) service weapons obtained on the basis of award documents in accordance with the legislation of a Member State in the territory of a member State other than nationality an individual;

d) temporary importation into the territory of one Member State from the territory of another Member State and temporary export from the territory of one Member State to the territory of another Member State of service and (or) civilian weapons by legal entities or individuals for use in participation in sports or cultural events, if this is provided for by the legislation of the Member States;

e) temporary importation into the territory of one Member State from the territory of another Member State of civilian weapons by individuals for use in hunting;

(e) The temporary importation into the territory of one Member State from the territory of another Member State and the temporary export from the territory of one Member State to the territory of another Member State of civilian weapons by legal entities for use in hunting, if this is provided for by the legislation of the Member State;

g) temporary importation into the territory of one Member State from the territory of another Member State and temporary export from the territory of one Member State to the territory of another Member State of service and (or) civilian weapons for the purpose of repair or replacement of main (spare) parts, followed by the re-export or import of these weapons;

h) the export from the territory of one Member State to the territory of another Member State of civilian weapons, as well as civilian and (or) service weapons obtained on the basis of award documents in accordance with the legislation of the Member State, by individuals leaving for permanent residence in another Member State, and the import of civilian weapons, as well as civilian and (or) service weapons obtained on the basis of award documents in accordance with the legislation of the Member State, by individuals, entering a Member State for permanent residence from another Member State;

i) temporary importation into the territory of one Member State from the territory of another Member State and temporary export from the territory of one Member State to the territory of another Member State of service and (or) civilian weapons by legal entities or individuals for display at exhibitions;

j) temporary importation into the territory of one Member State from the territory of another Member State and temporary export from the territory of one Member State to the territory of another Member State by legal entities and individuals of civilian weapons of cultural value, if this is provided for by the legislation of the Member States;

k) temporary importation into the territory of one Member State from the territory of another Member State and temporary export from the territory of one Member State to the territory of another Member State of service and (or) civilian weapons for testing in order to assess (confirm) compliance (certification, declaration of conformity, medical and biological research).

Article 6

Permits are issued by the competent authorities of the member States in a single form approved by the Eurasian Economic Commission.

Permits are issued to the applicant in accordance with the procedure and time limits established by the legislation of the Member States.

A permit for the export of service or civilian weapons (with the exception of the export by individuals of civilian weapons belonging to them for use in hunting) is issued by the competent authority of the Member State from which the export of service or civilian weapons is expected, if there is a permit for the import of such weapons issued by the competent authority of the Member State to which it is expected its importation.

A permit for the internal transit of service or civilian weapons (with the exception of the internal transit by individuals of civilian weapons belonging to them for use in hunting) is issued by the competent authority of the Member State of internal transit in the presence of a permit for its import issued by the competent authority of the Member State to which it is intended to import service or civilian weapons, and a permit for the export of service or civilian weapons issued by the competent authority of a Member State, from which it is supposed to export these weapons.

The movement and internal transit by individuals of civilian weapons belonging to them for use in hunting is carried out on the basis of a permit for the import of such weapons issued by the competent authority of the Member State in which the specified civilian weapons will be used for hunting. A permit for the import of civilian weapons for use in hunting is issued to a legal entity of the receiving Member State or an individual. A permit for the export of civilian weapons by individuals for use in hunting is not required.

The authorization document specified in the fifth paragraph of this article is recognized by the competent authorities of other Member States during its validity period and, in the case of internal transit, is a permit for internal transit.

An individual shall, at least 10 days before the export of civilian weapons for use in hunting, inform in writing the competent authority of the Member State from which such export is planned, accompanied by a copy of the document confirming participation in hunting provided for by the legislation of the Member State (service agreement or invitation).

Civilian weapons exported by an individual for use in hunting must be imported into the Member State in which the specified civilian weapon is registered before the expiration of the import permit.

The deadline for issuing permits by the competent authorities for the import of civilian weapons for use in hunting should not exceed 15 calendar days.

Article 7

The competent authorities quarterly, no later than the 15th day of the month following the reporting quarter, send information on permits issued during the reporting period in an agreed form (including via electronic communication channels) to the competent authorities of other Member States.

The Member States shall use the information obtained in accordance with this Agreement solely for the purpose of implementing this Agreement.

Article 8

The Member States shall inform each other and the Eurasian Economic Commission about their competent authorities.

In the event of a change in the competent authorities, the Member States shall notify each other and the Eurasian Economic Commission through diplomatic channels within 30 days.

Article 9

Disputes related to the interpretation and/or application of this Agreement are resolved in accordance with the procedure established by Article 112 of the Treaty on the Eurasian Economic Union of May 29, 2014.

Article 10

This Agreement is an international agreement concluded within the framework of the Union and is included in the law of the Union.

Article 11

By mutual agreement of the Member States, amendments may be made to this Agreement, which are formalized in separate protocols and enter into force in accordance with the procedure established by Article 12 of this Agreement.

Article 12

This Agreement shall enter into force upon the expiration of 10 calendar days from the date of receipt by the depositary through diplomatic channels of the last written notification on the completion by the Member States of the internal procedures necessary for the entry into force of this Agreement.

Done in Yerevan on May 20, 2016 in a single copy in Russian.

The original copy of this Agreement shall be kept at the Eurasian Economic Commission, which, as the depositary of this Agreement, will send each member State a certified copy thereof.

For the Government of the Republic of Armenia

For the Government of the Republic of Belarus

For the Government of the Republic of Kazakhstan

For the Government Of the Kyrgyz Republic

For the Government Of the Russian Federation

I hereby certify that this text is a complete and authentic copy of the Agreement on the Transfer of service and Civilian Weapons between the member States of the Eurasian Economic Union, signed on May 20, 2016 in Yerevan.:

for the Government of the Republic of Armenia – Deputy Prime Minister of the Republic of Armenia V.V. Gabrielyan;

for the Government of the Republic of Belarus – First Deputy Prime Minister of the Republic of Belarus V.S. Matyushevsky;

for the Government of the Republic of Kazakhstan – Minister of National Economy of the Republic of Kazakhstan K.V. Bishimbayev;

for the Government of the Kyrgyz Republic – by the Prime Minister of the Kyrgyz Republic S.Sh. Jeenbekov;

for the Government of the Russian Federation – Chairman of the Government of the Russian Federation D.A. Medvedev.

The original copy is kept at the Eurasian Economic Commission.

Director Legal Department Of the Eurasian Economic Commission

V.I. Taraskin

President

Republic of Kazakhstan

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