On the Ratification of the Agreement on the Rules for Determining the Origin of Goods from Developing and Least Developed Countries

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The Law of the Republic of Kazakhstan dated April 9, 2010 No. 270-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 Rules for Determining the Origin of Goods from Developing and Least Developed Countries, signed in Moscow on December 12, 2008.

President of the Republic of Kazakhstan N. Nazarbayev

AGREEMENT on Rules for Determining the Origin of Goods from Developing and Least Developed Countries

(Bulletin of International Treaties of the Republic of Kazakhstan, 2010, No. 5, Article 35) (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 implement Article 1 of the Agreement on Common Rules for Determining the Country of Origin of Goods dated January 25, 2008, wishing to create favorable conditions for the development of trade based on mutual benefit and international law, striving to strengthen the multilateral trading system, agreed on as follows:

Article 1

In the common customs territory of the States of the Parties, in respect of goods originating from developing and least developed countries, the Rules for Determining the country of Origin of Goods from Developing and Least developed Countries shall apply, in accordance with the annex forming an integral part of this Agreement.

Article 2

Disputes related to the application or interpretation of the provisions of this Agreement shall be resolved through consultations and negotiations between the Parties, and in case of failure to reach an agreement, such disputes shall be referred by any interested Party 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 December 12, 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 the depositary of this agreement, will send each Party a certified copy of it.

 For the Government For the Government For the Government of the Republic of the Republic Russian Belarus Kazakhstan Federations

Annex to the Agreement on Rules for Determining the Origin of Goods from Developing and Least Developed Countries dated December 12, 2008

RULES for determining the origin of goods from developing and least developed countries

These Rules apply to products originating from developing and least developed countries. The lists of developing and least developed countries are established by a separate agreement between the Parties.

I. Origin of goods from developing and least developed countries subject to tariff preferential treatment

The product is considered to originate from a developing or least developed country, which is subject to tariff preferential treatment, in the following cases: 1) when it is fully produced in a given country; 2) when it is produced in a given country using raw materials, semi-finished products or finished products originating from another country, or goods of unknown origin, provided that such goods have undergone sufficient processing or processing in that country.

II. Goods produced entirely in a developing or least developed country that is subject to tariff preferential treatment

The following goods are considered to be fully produced in a developing or least developed country, which are subject to tariff preferential treatment: 1) minerals extracted from the bowels of a country, in its territorial sea (waters) or from 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 this country from those grown in it animals; 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 provided for in subparagraphs 1) -10) of this paragraph.

III. Goods that have undergone sufficient processing or processing in a developing or least developed country that is subject to tariff preferential treatment

1. The product is considered to have undergone sufficient processing or processing in a developing or least developed country, which is subject to tariff preferential treatment, if: 1) the product has been processed or processed in a developing or least developed country that is subject to tariff preferential treatment, and the cost of the goods used in this process (raw materials, semi-finished products and finished products) originating from other countries that are not subject to tariff preferential treatment, or the value of goods of unknown origin does not exceed 50% of the value of goods exported by a developing or least developed country that is subject to tariff preferential treatment; 2) the goods have been processed or processed in several developing or least developed countries that are subject to tariff preferential treatment, and the value of the goods used, originating from other countries that are not subject to tariff preferential treatment, or goods of unknown origin, does not exceed 50% of the value of the goods exported by one of the developing or least developed countries., which is subject to tariff preferential treatment; 3) the product was produced in one of the developing or least developed countries that are subject to tariff preferential treatment, and has been processed or processed in another, one or more developing or least developed countries that are subject to tariff preferential treatment. 2. The value of goods originating from a country that is not subject to the tariff preferential treatment provided for in subitems "1" and "2" of paragraph 1 of this section is determined on the basis of the customs value of these goods established in the country of origin of the exported goods. The value of the goods of unknown origin provided for in subitems "1" and "2" of paragraph 1 of this section is accepted in the amount of the price paid for this product in the territory of the developing or least developed country-producer of the exported goods. Goods (raw materials, semi-finished products and finished products) exported from the single customs territory of the States of the Parties to a country subject to tariff preferential treatment and used there for the production of goods to be exported to the single customs territory of the States of the Parties are considered as goods produced in the said developing or least developed exporting country. The value of goods exported by a developing or least developed country subject to tariff preferential treatment is determined on the basis of the ex-factory price of the goods in accordance with the international rules for the interpretation of trade terms "Incoterms" used for customs purposes by the States of the Parties.

IV. Operations that do not affect or only slightly affect the main characteristics or properties of the product

Do not meet the criteria for sufficient processing: 1) operations to ensure the safety of the goods during storage or transportation; 2) operations to prepare the goods for sale and transportation (batch division, shipment formation, sorting, repacking), as well as 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) slaughtering animals and cutting (sorting) 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 and 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.

V. Special cases of origin of goods

Fixtures, accessories, spare parts and tools intended for use with machinery, equipment, apparatuses or vehicles are considered to originate from the same developing or least developed country that are subject to tariff preferential treatment as machinery, equipment, apparatuses or vehicles if such fixtures, accessories, spare parts and the tools are imported and used in conjunction with the specified machines, equipment, apparatuses or vehicles in a complete set and in quantity, which are usually supplied with these devices according to the technical documents. The packaging in which the goods are imported is considered to originate from the same developing or least developed country that is subject to tariff preferential treatment 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 is considered to originate from the same developing or least developed country that is subject to tariff preferential treatment 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 of the goods. 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. This rule applies if the following conditions are met simultaneously: preliminary 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 specification 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 evidence of inaccuracy dividing goods into several batches; delivery of all shipments of goods by one supplier from one developing or least developed country subject to tariff preferential treatment; declaration of all shipments to one customs authority; delivery of all shipments under one contract; delivery of all shipments within a period not exceeding one year from the date of acceptance of the customs declaration or before the deadline for its submission in relation to the first batch of goods. According to the declarant's reasoned statement, 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. 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.

VI. Rules for direct delivery and direct purchase

Tariff preferences for goods originating from developing or least developed countries, which are subject to tariff preferential treatment, are provided only on condition of direct purchase of such goods in these countries and their direct delivery to the single customs territory of the States of the Parties. A product is considered to be directly purchased if the importer purchased it from a person registered in accordance with the established procedure as a business entity in a developing or least developed country from which such a product originates and which is subject to tariff preferential treatment. Direct delivery is considered to be the delivery of goods transported from a developing or least developed country, which is subject to tariff preferential treatment, to the single customs territory of the States of the Parties without transportation through the territory of another state. The direct delivery rule also applies to goods transported through the territory of one or more countries due to geographical, transport, technical or economic reasons, provided that the goods in transit countries, including during their temporary storage on the territory of these countries, are under customs control. The direct delivery rule also applies to goods purchased by the importer at exhibitions or fairs, provided the following conditions are met: 1) the goods were delivered from the territory of a developing or least developed country, which is subject to tariff preferential treatment, to the territory of the country where the exhibition or fair was held and remained under customs control during their holding; 2) the goods have not been used for any other purposes other than demonstration purposes since they were sent to the exhibition or fair.; 3) the goods are imported into the single customs territory of the states of the Parties in the same condition in which they were sent to an exhibition or fair, without taking into account changes in the condition of the goods due to natural wear or loss under normal conditions of transportation and storage.

VII. Documentary evidence

In order to certify the origin of goods from a developing or least developed country, which is subject to tariff preferential treatment, the person moving the goods submits a declaration-certificate of origin (hereinafter referred to as the certificate) in the form "A" (Appendix 1), adopted under the General System of Preferences, which is filled out in accordance with the Requirements for registration declarations-certificates of origin in the form "A" (Appendix 2). The period of application of the certificate for the purpose of granting tariff preferences is limited to 12 months from the date of its issuance. The certificate is submitted to the customs authorities on paper in printed form in Russian or English. If necessary, the Customs authorities may require the certificate to be translated into the official language. The actual quantity of the delivered goods must not exceed the quantity specified in the certificate by more than 5 percent. In case of loss of the certificate, its officially certified duplicate (copy) is accepted. No certificate is required to certify the origin of small shipments of goods (with a customs value equivalent to no more than 5,000 US dollars). In this case, the exporter may declare the country of origin of the goods in commercial or other shipping documents. In case of reasonable doubts about the accuracy of the stated information about the origin of the goods, the customs authority has the right to require the provision of a certificate of origin.

VIII. Administrative cooperation

The Customs Union Commission receives from developing or least developed countries, in respect of which tariff preferences have been granted, names, addresses, and seal impressions of competent authorities authorized to certify certificates. Tariff preferential treatment does not apply to goods originating from a developing or least developed country that has not provided such information. In case of reasonable doubts about the authenticity of the certificate or the information contained therein, as well as information about the origin of the goods, the Customs or other authorized bodies of the Parties may contact the competent national authorities of the developing or least developed country that certified the certificate, with a reasoned request to provide additional or clarifying information. The certificate may be declared invalid if: no response was received within 6 months regarding the requested certificate from the competent authorities of the exporting country or the country of origin of the goods; there is confirmed information from the competent authorities of the exporting country that the certificate was not issued (falsified) or issued on the basis of invalid documents and (or) false information; based on the results of studies carried out by the customs authorities of the country of importation, and (or) on the basis of information received upon requests sent to the competent authorities of the country of export or the country of origin of the goods, it was revealed that the certificate was issued in violation of the requirements established by these Rules. A product from a developing or least developed country is not considered to originate from that country, which is subject to tariff preferential treatment, until a duly issued certificate of origin or the requested information is provided. Tariff preferences for such goods are granted only after receiving a satisfactory response from the competent national authorities of the country to which the tariff preferential treatment applies.

Annex 1 to the Rules for Determining the Origin of Goods from Developing and Least Developed Countries

1. Exporter (name of the exporter, address, country)

№

THE GENERAL SYSTEM PREFERENCES

CERTIFICATE OF ORIGIN

(Declaration-certificate) FORM A

Issued in ............. (country)

See the explanations on the back

2. Recipient (importer's name, address, country)

3. Means of transport and route (as far as is known)

4. For official marks

5. n/a

6. Designation and number of packages

7. Numbers and type of packages, description of goods

8. Criteria of origin (see explanations on the back)

9. Gross weight or other information about the quantity of the product

10. Invoice number and date

11. The certificate hereby certifies that the applicant's declaration is true............................ Place and date, signature and seal

12. Exporter's Declaration The undersigned declares that the above information is true and that all goods are manufactured in ........................ (country)

and that they meet the requirements of the General System of Preferences for these goods exported to ........................ (importing country)

........................ Place and date, signature

1. Goods consigned from (exporter's business name, address, country)

2. Goods consigned to (consignee's name, address, country)

Reference №

GENERALIZED SYSTEM OF PREFERENCES CERTIFICATE OF ORIGIN (Combined declaration and certificate) FORM A

Issued in ............. (country)

See notes overleaf

3. Means of transport and route (as far as known)

4. For official use

5. Item num- ber

6. Marks and numbers of packages

7. Number and kind of packages; description of goods

8. Origin criterion (see notes overleaf)

9. Gross weight or other guantity

10. Number and date of invoices

11. Certification It is hereby certified, on the basis of control carried out, that the declaration by the exporter is correct.

.................................... Place and dale, sigtnature sad stamp of certifying authority

12. Declaration by the exporter The undersigned hereby declares that the above details and statements are correct, that all the goods were

produced in ................... (country)

and that they comply with the origin reguiremeats specified for those goods in the generalized system of preferences for goods exported to ................................ (importing country)

................................ Place SIIQ date, signature of aumonzea signatory

Annex 2 to the Rules for Determining the Origin of Goods from Developing and Least Developed Countries

Requirements for the registration of declarations-certificates of origin in the form "A"

General provisions

The form of the declaration-certificate of origin in the form "A" (hereinafter referred to as the certificate) is made by printing on paper with a protective mesh or a protective color field (samples of the certificate in English and Russian are attached). Notes with the requirements for completing the certificate can be printed on the back of the form in the language in which the certificate is being completed, as well as in any other language, or they may be completely or partially absent. The certificate must be completed in hard copy (with the exception of the individual designations listed below). The certificate does not allow the use of facsimiles of signatures of persons, the presence of any erasures and blots. Corrections to the certificate can be made by crossing out erroneous data and typing in the necessary information. Each such correction is certified by the seal of the competent authority authorized to issue certificates. It is possible to provide information about several products in one certificate. The certificate must contain a reference (registration) number, as well as columns 1, 5 (if several products are indicated in the certificate), 7-9, 11 and 12. Any unused space in columns 5-10 should be crossed out in order to prevent any additional information from being entered into them.

The column located in the upper right corner of the certificate The certificate reference (registration) number is indicated. It is allowed to write by hand the reference (registration) number of the certificate. The name of the country in which the certificate was issued is indicated.

Column 1 The name and address of the person who is the exporter (supplier) of the goods (the seller of the goods under the contract or another person if the rights to supply the goods have been transferred to him, including the manufacturer of the goods) are indicated.

Column 2 The name and address of the person who receives the goods are indicated. If the specific recipient of the goods has not been identified at the time of issuing the certificate, "to order" is indicated in the column ("by order") or the name of the State of one of the Parties importing the goods, in the language in which the certificate is being filled out. It is also allowed that the name and address of the specific recipient of the product will be typed later after the entry "to order". ("by order") or the name of the State of one of the Parties importing the goods, in the language in which the certificate is being filled out.

Column 3 Information about the route of transportation of goods and vehicles (as far as it is known) is indicated.

Column 4 is used for special marks. If a duplicate certificate is issued to replace the damaged or lost one, the "duplicate" mark is made in column 4 by the authorized body of the country of origin of the goods. In this case, the validity period of the duplicate certificate is calculated from the date of issue of the original certificate. If the certificate is issued after the shipment of the goods, a mark is made in the column "issued retrospectively" ("issued subsequently"). If, for any reason, the authorized body of the country of origin of the previously issued certificate cancels the previously issued certificate, an entry "issued instead" is entered in column 4 of the newly issued certificate, indicating the number and date of issue of the canceled certificate. It is allowed that the column may be blank.

Column 5 If information about several goods is stated in one certificate, its serial number in the certificate is indicated before each product. It is allowed that the graph may be empty.

Column 6 Data on the number of cargo spaces and markings are indicated. If the certificate contains information about several products, the data is provided without intervals between them or these intervals are crossed out. The entry "no marks" is allowed. It is allowed that the graph may be empty.

Column 7 The commercial name of the product, its model, brand, modification, article, and other data are indicated, allowing for unambiguous identification of the product with the one declared for customs clearance purposes, as well as packaging, type of packaging, and number of items. If there is not enough space to describe the goods in the field of the column, additional sheets are used, made on the same forms as the main sheet of the certificate, which must be signed and stamped by the competent authority that issued the certificate and have the same registration number as the main sheet of the certificate. If there is a reference to the contract specification in this column, a copy of the latter must also be stamped by the national competent authority that issued the certificate. If the certificate contains information about several goods, the descriptions of the goods are given without intervals between them or these intervals are crossed out.

Column 8 The criterion of origin of the goods is indicated: "P" - the goods are fully produced in the country of export; "Y" (indicating the percentage of the cost of raw materials, semi-finished products or finished products originating from another country or of unknown origin used in the production of the goods in the value of the exported goods, determined on the basis of the manufacturer's ex-factory price, for example, "Y15%") - the product has been processed or processed; "Pk" - a product produced in one of the countries covered by the tariff preferential treatment of the State of the Parties, and has been processed or processed in other (one or more) such countries. The criterion of origin of the goods must be indicated for each product declared in column 7 of the certificate. If various goods are declared in the certificate, some of which are classified in one four-digit heading of the Harmonized Commodity Description and Coding System, it is permissible to indicate in column 8 one letter designation of the origin criterion for all goods of this four-digit heading.

Column 9 The weight of the product (gross) or other information about the quantity of the product is indicated. If several goods are declared in the certificate, data on the weight (gross) or other data on the quantity of goods are provided for each separately named product.

Column 10 The number and date of the invoice (invoice) or proforma invoice are indicated. The column can contain either one general invoice (invoice) or a proforma invoice for all the goods declared in the certificate, or, if necessary, several invoices (invoices) or proforma invoices for some separately named goods. If, at the time of issuing the certificate, the data on the invoice (invoice) or proforma invoice is unknown to the recipient of the certificate indicated in column 1 of the certificate, it is allowed that column 10 may be blank.

Column 11 contains data on the date and place of certification of the certificate, the name and seal of the body authorized in accordance with the law to certify the origin of goods, as well as the signature of an official of the specified body authorized to confirm the authenticity of the certificate. The seal must have a clear impression, allowing, if necessary, identification for its authenticity.

Column 12 The name of the country of origin of the product is indicated in the top line. The name of the country of destination of the product is indicated in the middle line. The place and date of filling out the certificate are indicated in the bottom line. The information provided in the certificate is signed in this column by the authorized person of the exporter (supplier) indicated in column 1. The presence of the seal of the exporter (supplier) in the column is not a mandatory requirement.

President

Republic of Kazakhstan

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