On the ratification of the Agreement on Free (Special, Special) Economic Zones in the Customs Territory of the Customs Union and the Customs procedure of the Free customs zone

Home / RLA / On the ratification of the Agreement on Free (Special, Special) Economic Zones in the Customs Territory of the Customs Union and the Customs procedure of the Free customs zone

The Law of the Republic of Kazakhstan dated June 30, 2010 No. 312-IV.

The footnote. by text:

The words "Customs Union Commission" in the corresponding case have been replaced by the words "Eurasian Economic Commission" in the corresponding case, with the exception of the second paragraph of the preamble and the final part.;

The words "member State of the Customs Union" in the corresponding number and case have been replaced by the words "Member State" in the corresponding number and case, with the exception of the preamble in accordance with the Law of the Republic of Kazakhstan dated 06/14/2023 No. 10-VIII.

To ratify the Agreement on Free (special, special) Economic zones in the Customs Territory of the Customs Union and the Customs procedure of the Free customs zone, signed in St. Petersburg on June 18, 2010.

President

Republic of Kazakhstan

N. Nazarbayev

AGREEMENT on free (special, special) economic zones in the customs territory of the Customs Union and the customs procedure of a free customs zone Temporarily in use from July 6, 2016 - Bulletin of International Treaties of the Republic of Kazakhstan 2016, No. 5, Article 83

The Member States within the framework of the Eurasian Economic Community, hereinafter referred to as the Parties,

based on the Agreement on the Establishment of a Single Customs Territory and the Formation of the Customs Union of October 6, 2007, the Agreement on the Customs Union Commission of October 6, 2007, the Agreement on the Customs Code of the Customs Union of November 27, 2009, and other international treaties of the member States that form the contractual legal framework of the Customs Union,

Taking into account generally recognized principles and norms of international law,

have agreed on the following:

Article 1 Basic terms used in the Agreement

1. The following basic terms and definitions are used in this Agreement:

1) a free (special, special) economic zone is a part of the territory of a member state of the Eurasian Economic Union (hereinafter, respectively, the member state, the Union) within the limits established by the legislation of the member state in which a special (special legal) regime for carrying out entrepreneurial and other activities operates, and the customs procedure for free trade may also be applied. customs zone;

2) port free (special, special) economic zone - a free (special, special) economic zone that is created on a part of the territory of a seaport or river port open for international traffic and entry by foreign watercraft, or part of the territory of an airport open for receiving and dispatching aircraft performing international air transportation, and the territory adjacent to such seaport, river port, or airport, with the exception of parts of the territories of a seaport, river port, or airport where property complexes intended for passenger service are located.;

3) logistics free (special, special) economic zone is a free (special, special) economic zone that is created in a part of the territory of a member state adjacent to a road and (or) railway checkpoint across the state border of a member state.;

4) a resident (participant, subject) of a free (special, special) economic zone is a legal entity or individual entrepreneur registered in the territory of a member state in accordance with the procedure established by the legislation of that state and included in the register of residents of free (special, special) economic zones.

2. Abrogated by the Law of the Republic of Kazakhstan dated 06/14/2023 No. 10-VIII.

3. Other terms used in this Agreement are applied in the meanings defined by the Customs Code of the Eurasian Economic Union (hereinafter - the Customs Code of the Union).

The footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 06/14/2023 No. 10-VIII.

Article 2 Objectives of the creation of free (special, special) economic zones

Free (special, special) economic zones (hereinafter referred to as FEZs) are created in order to promote the socio-economic development of the member states, attract investment, create and develop industries based on new technologies, develop transport infrastructure, tourism and the sanatorium-resort sector, or for other purposes determined when creating the FEZ.

Article 3 The procedure for the establishment and operation of the FEZ, the terms of operation of the FEZ in the territories of the Member States

The footnote. Title of Article 3 as amended by the Law of the Republic of Kazakhstan dated 06/14/2023 No. 10-VIII.

1. The procedure for the establishment and operation of a FEZ, the period of operation of a FEZ, and the procedure for extending the period of operation of a FEZ on the territory of a Member State shall be determined by the legislation of that Member State.

The legislation of the Member States may establish the types of FEZ depending on the purpose of their creation.

The management of the FEZ on the territory of a Member State is carried out in accordance with the legislation of that State.

2. The member States of the Customs Union shall ensure that information on the establishment of FEZs in the territories of the member States is sent to the Eurasian Economic Commission.

Article 4 Termination of operation (abolition, liquidation) of the FEZ

1. The FEZ ceases to function (is abolished, liquidated) (hereinafter referred to as the termination of the FEZ) upon the expiration of the period for which it was created, if the specified period has not been extended.

The grounds and procedure for making a decision on the early termination of the operation of the FEZ are determined by the legislation of the Member States.

2. The Member States shall ensure that information is sent to the Eurasian Economic Commission on the termination of the operation of the FEZ in the territories of the Member States after the entry into force of this Agreement.

Article 5 Types of activities carried out on the territory of the FEZ

Entrepreneurial and other activities may be carried out on the territory of the FEZ in accordance with the legislation of the member States.

The Eurasian Economic Commission has the right to establish types of activities prohibited on the territory of the FEZ.

The legislation of the Member States may establish the types of activities prohibited in the territories of FEZs established (being created) in the territories of these States.

The footnote. Article 5 as amended by the Laws of the Republic of Kazakhstan dated 06/14/2023 No. 10-VIII.

Article 6 Registration of residents (participants, subjects) of the FEZ and maintenance of the register of residents (participants, subjects) of the FEZ

The footnote. Title of Article 6 as amended by the Law of the Republic of Kazakhstan dated 06/14/2023 No. 10-VIII.

1. The procedure and conditions for registration of a FEZ resident (participant, subject) (hereinafter referred to as a resident), including the requirement for the place of state registration and (or) the location of a legal entity or the address of residence of an individual entrepreneur applying for resident status, the requirement for the organizational and legal form of a legal entity applying for Obtaining resident status is determined by the legislation of the Member State.

The legislation of the Member States may specify that one of the conditions for registration of a person as a resident of a port or logistics FEZ is the provision of security for the performance of duties of a resident of a port or logistics FEZ, and the amount and procedure for its provision and application may be established.

2. A legal entity or an individual entrepreneur shall be recognized as a resident from the date of making a corresponding entry in the register of residents of the Member State.

The document certifying the registration of a person as a resident is a certificate, the form of which is determined by the legislation of the Member States. The Eurasian Economic Commission has the right to determine a single form of a certificate certifying the registration of a person as a resident.

3. The procedure for maintaining the register of residents is determined by the legislation of the Member States.

The Member States shall ensure that information about residents included in the register of residents is provided to the Eurasian Economic Commission. The procedure for providing such information is determined by the Eurasian Economic Commission.

The Eurasian Economic Commission forms a general register of residents based on the information provided and ensures its posting on the official website of the Union.

The footnote. Article 6 as amended by the Laws of the Republic of Kazakhstan dated 06/14/2023 No. 10-VIII.

Article 7 Persons carrying out activities on the territory of the FEZ

1. Residents, as well as other non-residents, may carry out activities on the territory of the FEZ in accordance with the legislation of the Member States.

2. The resident carries out activities on the territory of the FEZ in accordance with the agreement (agreement) on the implementation (conduct) of activities on the territory of the FEZ (agreement on the conditions of activity in the FEZ, investment declaration, business program) (hereinafter referred to as the agreement on the implementation of activities on the territory of the FEZ).

The legislation of the Member States may establish the possibility for a resident to carry out activities on the territory of the FEZ that are not provided for by the agreement on carrying out activities on the territory of the FEZ, without the resident applying a special (special legal) regime for carrying out entrepreneurial and other activities on the territory of the FEZ.

The footnote. Article 7 as amended by the Laws of the Republic of Kazakhstan dated 06/14/2023 No. 10-VIII.

Article 8 Special (special legal) regime for carrying out entrepreneurial and other activities on the territory of the FEZ

Article 9 The territory of the FEZ and the application of the customs procedure of the free customs zone on it

1. The territory of the FEZ is part of the customs territory of the Union.

2. The borders of the port and logistics FEZ are the customs border of the Union.

3. The territory of the FEZ (all or part of it) in which the customs procedure of the free customs zone is applied is determined in accordance with the legislation of the Member state in whose territory this FEZ is established.

4. On the territory of the FEZ where the customs procedure of the free customs zone is applied, foreign goods and goods of the Union may be located (placed) and (or) used, placed (placed) under the customs procedure of the free customs zone in accordance with the Customs Code of the Union, as well as other foreign goods and goods of the Union, with the exception of foreign goods, and (or) goods of the Union, and (or) categories of such goods, which, in accordance with the legislation of the member state on whose territory the FEZ was established, are prohibited from being located (placed) on the territory of the FEZ., where the customs procedure of the free customs zone is applied.

5. The customs procedure of the free customs zone is applied in accordance with the Customs Code of the Union.

The footnote. Article 9 - as amended by the Law of the Republic of Kazakhstan dated 06/14/2023 No. 10-VIII.

Article 10 Content of the customs procedure of the free customs zone

The footnote. Article 10 became invalid by the Law of the Republic of Kazakhstan dated 06/14/2023 No. 10-VIII.

Article 11 Conditions for placing goods under the customs procedure of a free customs zone

The footnote. Article 11 became invalid from the date of entry into force of the Treaty on the Customs Code of the Eurasian Economic Union, ratified by the Law of the Republic of Kazakhstan dated December 13, 2017 No. 115-VI (for the procedure of entry into force, see art. 2).

Article 12 The period of stay of goods under the customs procedure of the free customs zone

The footnote. Article 12 became invalid from the date of entry into force of the Treaty on the Customs Code of the Eurasian Economic Union, ratified by the Law of the Republic of Kazakhstan dated December 13, 2017 No. 115-VI (for the procedure of entry into force, see art. 2).

Article 13 Operations performed with goods placed under the customs procedure of the free customs zone

The footnote. Article 13 became invalid from the date of entry into force of the Treaty on the Customs Code of the Eurasian Economic Union, ratified by the Law of the Republic of Kazakhstan dated December 13, 2017 No. 115-VI (for the procedure of entry into force, see art. 2).

Article 14 Specifics of customs operations in the territory of the FEZ, where the customs procedure of the free customs zone is applied

The footnote. Article 14 became invalid from the date of entry into force of the Treaty on the Customs Code of the Eurasian Economic Union, ratified by the Law of the Republic of Kazakhstan dated December 13, 2017 No. 115-VI (for the procedure of entry into force, see art. 2).

Article 15 Termination of the customs procedure of the free customs zone

The footnote. Article 15 became invalid from the date of entry into force of the Treaty on the Customs Code of the Eurasian Economic Union, ratified by the Law of the Republic of Kazakhstan dated December 13, 2017 No. 115-VI (for the procedure of entry into force, see art. 2).

Article 16 The emergence and termination of the obligation to pay customs duties and taxes and the deadline for their payment in respect of goods placed (placed) under the customs procedure of a free customs zone

The footnote. Article 16 became invalid from the date of entry into force of the Treaty on the Customs Code of the Eurasian Economic Union, ratified by the Law of the Republic of Kazakhstan dated December 13, 2017 No. 115-VI (for the procedure of entry into force, see art. 2).

Article 17 Peculiarities of calculation of customs duties and taxes at the end of the customs procedure of the free customs zone

The footnote. Article 17 became invalid from the date of entry into force of the Treaty on the Customs Code of the Eurasian Economic Union, ratified by the Law of the Republic of Kazakhstan dated December 13, 2017 No. 115-VI (for the procedure of entry into force, see art. 2).

Article 18 Customs value of goods

The footnote. Article 18 became invalid from the date of entry into force of the Treaty on the Customs Code of the Eurasian Economic Union, ratified by the Law of the Republic of Kazakhstan dated December 13, 2017 No. 115-VI (for the procedure of entry into force, see art. 2).

Article 19 Determination of the status of goods manufactured (received) using foreign goods placed under the customs procedure of a free customs zone

The footnote. Article 19 became invalid from the date of entry into force of the Treaty on the Customs Code of the Eurasian Economic Union, ratified by the Law of the Republic of Kazakhstan dated December 13, 2017 No. 115-VI (for the procedure of entry into force, see art. 2).

Article 20 Identification of foreign goods placed under the customs procedure of a free customs zone in goods manufactured (received) using foreign goods placed under the customs procedure of a free customs zone

The footnote. Article 20 became invalid from the date of entry into force of the Treaty on the Customs Code of the Eurasian Economic Union, ratified by the Law of the Republic of Kazakhstan dated December 13, 2017 No. 115-VI (for the procedure of entry into force, see art. 2).

Article 21 Specifics of the application of the Protocol on the Procedure for the Collection of Indirect Taxes and the Mechanism for Monitoring their Payment in the Export and Import of Goods in the Customs Union of December 11, 2009

The footnote. Article 21 became invalid from the date of entry into force of the Treaty on the Customs Code of the Eurasian Economic Union, ratified by the Law of the Republic of Kazakhstan dated December 13, 2017 No. 115-VI (for the procedure of entry into force, see art. 2).

Article 22 Transitional provisions on the status of a resident

Legal entities or individual entrepreneurs who are residents on the date of entry into force of this Agreement shall be recognized as included in the register of residents from the date they acquire resident status in accordance with the legislation of the Member States in force prior to the entry into force of this Agreement.

Article 23 Transitional provisions on the status of goods

The footnote. Article 23 became invalid from the date of entry into force of the Treaty on the Customs Code of the Eurasian Economic Union, ratified by the Law of the Republic of Kazakhstan dated December 13, 2017 No. 115-VI (for the procedure of entry into force, see art. 2).

Article 24 Transitional provisions in respect of special economic zones established in the Kaliningrad and Magadan regions of the Russian Federation

The footnote. Article 24 became invalid from the date of entry into force of the Treaty on the Customs Code of the Eurasian Economic Union, ratified by the Law of the Republic of Kazakhstan dated December 13, 2017 No. 115-VI (for the procedure of entry into force, see art. 2).

Article 25 Introduction of amendments

This Agreement may be amended, which are formalized in separate protocols and are an integral part of this Agreement.

The footnote. Article 25 - as amended by the Law of the Republic of Kazakhstan dated 06/14/2023 No. 10-VIII.

Article 26 Dispute resolution

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

The footnote. Article 26 - as amended by the Law of the Republic of Kazakhstan dated 06/14/2023 No. 10-VIII.

Article 27 Final provisions

This Agreement is subject to ratification and is temporarily applied from the date of entry into force of the Agreement on the Customs Code of the Customs Union dated November 27, 2009.

This Agreement shall enter into force on the date of receipt by the depositary of the last written notification through diplomatic channels that the Parties have completed the internal procedures necessary for the entry into force of this Agreement.

The provisions of part two of Article 5, part two of paragraph 2 of Article 11, paragraph 5 of Article 13 of this Agreement shall enter into force in accordance with part 1 of this Article, but not earlier than the date of receipt by the depositary of the last instrument of ratification of the agreements included in the first package of international treaties constituting the legal framework of the Single Economic Space of the Republic of Belarus, The Republic of Kazakhstan and the Russian Federation.

Done in St. Petersburg on June 18, 2010, in one original copy in the Russian language.

The original copy of this Agreement is kept in the Commission of the Customs Union, which is the depositary of this Agreement and will send each Party a certified copy of it.

Behind

The Republic

Russian

Belarus

Kazakhstan

The Federation

I hereby certify that this text is a complete and authentic copy of the Agreement on Free (special, special) Economic Zones in the Customs Territory of the Customs Union and the Customs procedure of the Free Customs zone, signed on June 18, 2010 in St. Petersburg.:

for the Republic of Belarus - Deputy Prime Minister of the Republic of Belarus - A.V. Kobyakov,

for the Republic of Kazakhstan - Deputy Prime Minister of the Republic of Kazakhstan - U.E. Shukeyev,

for the Russian Federation - Deputy Chairman of the Government of the Russian Federation - I.I. Shuvalov.

The original copy is kept in the Commission of the Customs Union.

Director of the Legal Department

The Commission's secretariat

Customs Union

N.B. Slyusar

President

Republic of Kazakhstan

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