On the ratification of the Interim Agreement Leading to the Formation of a Free Trade Zone between the Eurasian Economic Union and its member States, on the one hand, and the Islamic Republic of Iran, on the other hand

The Law of the Republic of Kazakhstan dated May 7, 2019 No. 253-VI SAM.

      To ratify the Interim Agreement leading to the formation of a free trade zone between the Eurasian Economic Union and its member States, on the one hand, and the Islamic Republic of Iran, on the other hand, signed in Astana on May 17, 2018.  

     President of the Republic of Kazakhstan

K. TOKAEV  

An interim agreement leading to the formation of a free trade zone between the Eurasian Economic Union and its member States, on the one hand, and the Islamic Republic of Iran, on the other hand    

THE PREAMBLE    

      The Eurasian Economic Union (hereinafter referred to as the "EAEU") and the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation (hereinafter referred to as the "EAEU Member States"), on the one hand, and the Islamic Republic of Iran (hereinafter referred to as the "Islamic Republic of Iran"), on the other hand (hereinafter referred to as the "Parties"):  

     UNDERSTANDING the importance of deepening long-term and strong friendly relations and traditional multifaceted cooperation between the Parties;

     DESIRING to create favorable conditions for the development of trade and economic relations between them, as well as for the promotion of economic cooperation between the Parties in areas of mutual interest;

     RECOGNIZING that the Interim Agreement leading to the formation of a free trade Zone between the EAEU and its member States, on the one hand, and the Islamic Republic of Iran, on the other hand (hereinafter referred to as the "Agreement"), will be the first step towards further trade and economic integration between the EAEU and its member States and the Islamic Republic of Iran. The Republic of Iran;

     SETTING the goal of forming a full-fledged free trade zone between the EAEU and its member states and the Islamic Republic of Iran as the main;

     EMPHASIZING the need to further promote the development of relations between the Parties based on mutual trust, transparency and trade facilitation;

      REAFFIRMING their support for early accession to the World Trade Organization and recognizing that membership in the World Trade Organization of the EAEU and its member States (which are currently not members of the World Trade Organization) and the Islamic Republic of Iran will create favorable conditions for deepening their integration into the multilateral trading system and increase the level of cooperation between the Parties to this Agreement;  

      WE have AGREED on the following:  

CHAPTER 1 INSTITUTIONAL AND GENERAL PROVISIONS  

Article 1.1 General definitions    

      For the purposes of this Agreement, unless otherwise provided:  

      a) "central customs authority" is the highest authorized customs authority of each of the EAEU Member States or the Islamic Republic of Iran, which, on the basis of relevant national legislation and regulations, performs the functions of implementing relevant state policies, regulations, control and supervision in the customs sphere;  

      b) "customs authorities" - the customs authority or customs authorities of the EAEU Member States or the Islamic Republic of Iran;  

     c) "days" - calendar days, including weekends and holidays;

      d) "declarant" - a person who declares goods for customs purposes or on whose behalf the goods are declared;  

     e) The Eurasian Economic Commission is a permanent regulatory body of the Eurasian Economic Union in accordance with the Treaty on the Eurasian Economic Union of May 29, 2014 (hereinafter referred to as the "Treaty on the Union");

     f) "Harmonized System" or "HS" is a harmonized commodity description and coding system established by the International Convention on the Harmonized Commodity Description and Coding System of June 14, 1983, with regard to adoption and application by the Parties in their respective laws and regulations;

     g) "legislation and regulations" means any law or any other regulatory legal act;

     h) "Measure" means any measure by a Party in the form of a law, regulation, rule, procedure, administrative decision, established practice, or in any other form;

     i) "originating" - corresponding to the rules of origin established in Chapter 6 ("Rules of Origin determination") of this Agreement;

     j) "Parties" - the member States of the EAEU and the EAEU, acting jointly or separately within their respective competence arising from the Treaty on the Union, on the one hand, and Iran, on the other hand;

     k) "person" means a natural or legal person.

Article 1.2 Objectives    

     The objectives of this Agreement are:

      a) liberalization and simplification of trade in goods between the Parties through, inter alia, reduction or elimination of tariff and non-tariff barriers in respect of originating goods included in Annex 1 to this Agreement;

     (b) Creating the basis for the formation of a free trade area, within which, in accordance with international rules, standards and practices1, duties and other restrictive trade regulatory measures will be eliminated in relation to virtually all trade between the Parties;

     (c) Support for economic and trade cooperation between the Parties;

     (d) Establishing the basis for closer cooperation in the areas covered by this Agreement and facilitating interaction between the Parties.

Article 1.3 Trade liberalization and the formation of a free trade area

     1. From the date of entry into force of this Agreement, the Parties shall reduce and/or cancel customs duties and taxes or other similar measures applied to the import of originating goods specified in Annex 1 to this Agreement.

      2. The Parties shall, no later than one year after the entry into force of this Agreement, begin negotiations with a view to concluding a free trade agreement in accordance with Article 1.2 (b).

     3. The Parties must conclude the agreement referred to in paragraph 2 of this Article no later than three years after the date of entry into force of this Agreement.

     4. After three years from the date of entry into force of this Agreement, if the Parties have not completed the negotiations referred to in paragraph 2 of this Article, the Parties must decide on the need to extend the application of this Agreement. Such a decision should be formalized in the form of a protocol to this Agreement.

      ______________      

      1 For the Parties to this Agreement that are members of the World Trade Organization, "international rules, standards and practices" means the relevant provisions of the Agreement on the World Trade Organization, in particular, Article XXIV of GATT 1994.    

Article 1.4 Relationship with other international treaties  

     1. This Agreement shall apply without prejudice to the rights and obligations of the Parties arising from international treaties to which the Parties are parties.

      2. Without prejudice to the provisions of Article 6.7 ("Cumulation of Origin") of this Agreement, the provisions of this Agreement do not apply either between the EAEU Member States or between the EAEU and EAEU Member States, nor do they grant Iran the rights and privileges that the EAEU Member States grant exclusively to each other.  

Article 1.5 Joint Committee  

     1. The Parties hereby establish a Joint Committee comprising representatives of each Party, which will be headed by two representatives - one from the EAEU and its member States, the other from Iran. The Parties will be represented by high-ranking officials authorized by them for this purpose.

     2. The Joint Committee performs the following functions:

     (a) Consideration of any issues related to the implementation and application of this Agreement;

     (b) Monitoring the work of all subcommittees, working groups and other bodies established pursuant to this Agreement or at the discretion of the Joint Committee in accordance with paragraph 3 of this article;

      (c) Review the progress of negotiations conducted in accordance with article 1.3 of this Agreement and decide whether to conclude the actual negotiations; and

     (d) Consideration of opportunities for further development of trade relations between the Parties;

     e) consideration and preparation of recommendations to the Parties on any amendments to this Agreement;

     f) performing other actions on any issue within the framework of this Agreement in accordance with the agreement of the Parties.

      3. In order to carry out its functions, the Joint Committee may establish subsidiary bodies, including ad hoc bodies, and assign them tasks on specific issues. The Joint Committee may, if necessary, seek the opinion of third parties or groups on matters within its competence.  

      4. Unless otherwise agreed by the Parties. The Joint Committee is convened:  

      (a) To attend regular sessions each year, held alternately in the territories of the Parties; and  

     b) within 30 days, at the request of either Party, for special sessions held in the territory of the other Party or at another location agreed between the Parties.

     5. All decisions of the Joint Committee, committees, sub-committees and other bodies established in accordance with this Agreement are made on the basis of consensus of the Parties.

      6. All notifications, requests and other written statements addressed to the Parties or the Joint Committee shall be submitted in English or in Persian or Russian with an appropriate English translation, unless otherwise provided by this Agreement.  

Article 1.5 bis Business dialogue    

1. The Parties shall establish a business dialogue aimed at strengthening cooperation between the business communities of the Parties, which will be conducted between representatives of these business communities of the Parties.  

      2. The Business Dialogue has the right to submit proposals for consideration by the Joint Committee on issues related to the application of this Agreement, including proposals for the development of trade and economic cooperation between the Parties, as well as on other issues related to mutual trade between the Parties.    

      3. The Business Dialogue will hold, as necessary, seminars, business exhibitions, fairs, round tables and other joint events aimed at developing mutual trade and economic relations between the Parties.    

Article 1.6 Contact points    

      1. Each Party shall designate a contact point or contact points to facilitate interaction between the Parties on any issues related to this Agreement, and notify the Joint Committee of its contact point or contact points.  

      2. At the request of a Party, the contact point or contact points of the other Party inform about the agency or official responsible for a specific issue and, as necessary, provide support in organizing interaction between the Parties.  

Article 1.7 Confidential information  

     1. Each Party ensures the confidentiality of information provided by the other Party as confidential under this Agreement, in accordance with its laws and regulations.

      2. Nothing in this Agreement obliges a Party to provide confidential information, the disclosure of which could impede law enforcement or otherwise conflict with public interests, or infringe on the legitimate commercial interests of public or private enterprises.  

Article 1.8 General exceptions  

      Provided that such measures are not used as a means of unjustified or unlawful discrimination between Parties where the same conditions apply, or implicit restrictions on international trade, nothing in this Agreement shall be interpreted as preventing any Party from taking or enforcing measures.:  

      a) necessary to protect public morals;  

      b) necessary for the protection of human, animal or plant life or health;  

      c) related to the import or export of gold or silver;  

      d) necessary to ensure compliance with legislation or regulations that are not applied as a means of creating a preferential treatment and/or providing protection for domestic production or discrimination of goods from another Party in comparison with similar goods originating from a third country, including those related to ensuring compliance with customs legislation, ensuring compliance with the law by enterprises operating in accordance with Article 2.11 of this Agreement, protection of patents, trademarks or copyrights, as well as preventing unfair practices;

     e) related to goods produced by prisoners;

     f) used for the protection of national treasures of artistic, historical or archaeological value;

     (g) Concerning the conservation of depleted natural resources, if such measures are applied simultaneously with restrictions imposed on domestic production or consumption;

     (h) Related to restrictions on exports of domestic materials necessary to provide sufficient quantities of such materials to the domestic manufacturing industry during periods when the domestic price of such materials remains at a lower level than the world price, as part of the Government's stabilization plan; provided that such restrictions do not contribute to the expansion of exports or the protection of this domestic industry and shall not derogate from the provisions of this Agreement concerning non-discrimination;

      (i) Necessary for the purchase or distribution of products in conditions of scarcity in general or for a specific region; provided that any such measures inconsistent with other provisions of the Agreement cease as soon as the conditions under which they were adopted cease to exist.  

Article 1.9 Security exceptions  

      Nothing in this Agreement should be interpreted as:  

      (a) Requiring a Party to provide information, the disclosure of which it considers to be contrary to its basic security interests; or  

      (b) Preventing any Party from taking measures that it considers necessary to protect its basic security interests:  

      i. with respect to fissionable materials or the materials from which they are produced;  

      ii. in relation to the trade in arms, ammunition and military materials, as well as trade in other goods and materials, which is carried out directly or indirectly for the purpose of supplying the armed forces;  

      III. if they are adopted in wartime or other emergency circumstances in international relations, or  

      (c) Preventing a Party to this Agreement from taking measures in accordance with its obligations under the Charter of the United Nations to preserve international peace and security.  

Article 1.10 Measures to ensure the balance of payments 2

      1. Notwithstanding the provisions of paragraph 1 of Article 2.7, the Parties, in order to protect their external financial situation and ensure the balance of payments, have the right to limit the number or volume of goods allowed for import, provided that the provisions of the following paragraphs of this Article are fulfilled. The import restrictions established, maintained or strengthened by a Party in accordance with this Article shall not exceed the restrictions necessary:

     i. to prevent an imminent threat to its foreign exchange reserves or to stop their serious decline, or

     ii. in the case when a Party has very low foreign exchange reserves, in order to achieve a reasonable growth rate of its reserves.

     Due consideration should be given in both cases to any special factors that may affect the reserves of such a Party or its need for reserves, including if it has access to targeted external loans or other resources, the need to ensure the appropriate use of such loans or resources.

     2. The Parties applying restrictions in accordance with paragraph 1 of this Article shall consistently weaken them as the situation improves, maintaining them only to the extent that the conditions set out in this subparagraph further justify their application. They cancel the restrictions if the conditions do not further justify their establishment or maintenance in accordance with this subparagraph.

     3. (a) The Parties undertake, in carrying out their domestic policies, to pay due attention to the need to maintain or restore the balance of payments on a sound and sustainable basis and the expediency of preventing economically unjustified use of productive resources. They recognize that in order to achieve these goals, it is desirable to take measures as quickly as possible that promote rather than reduce international trade.

     (b) The Parties applying restrictions under this Article may establish the effectiveness of restrictions on imports of various goods or groups of goods in such a way as to give priority to the import of those goods that are more significant.

     (c) The Parties applying restrictions in accordance with this Article undertake:

     (i) avoid unnecessary damage to the commercial and economic interests of any other Party.3;

     (ii) not to apply restrictions aimed at unjustifiably preventing the import of any product name in the minimum quantity accepted in trade, the exclusion of which would negatively affect permanent trade relations; and

     (iii) not to apply restrictions that would prevent the importation of commercial designs or impede compliance with the provisions on patents, trademarks, copyrights or similar procedures;

     (d) The Parties recognize that as a result of domestic policies aimed at achieving and maintaining full and productive employment or developing economic resources. A Party may experience a high level of import demand, leading to an increased risk to its foreign exchange reserves specified in paragraph 1 of this article. Accordingly, a Party that otherwise complies with the provisions of this Article is not obligated to lift or modify restrictions on the grounds that a change in these policies would make unnecessary the restrictions that it applies in accordance with this article.

     4. If it is a question of the continuous and widespread application of import restrictions in accordance with this Article, indicating the existence of a general imbalance of payments that restricts trade between the Parties, the Parties shall initiate discussions in order to assess whether other measures can be taken by the Parties whose balance of payments is under pressure, or by the Parties whose balance of payments is in an exceptionally favorable position, or by any relevant intergovernmental organization, in order to eliminate the underlying causes of the unbalanced payments.

      _____________  

      2 The Parties shall ensure strict secrecy during any consultation in accordance with the provisions of this article.  

      3 The Party applying the restrictions shall make efforts to prevent serious damage to exports of products on which the Party's economy largely depends.  

Article 1.11 Transparency  

1. Each Party shall ensure, in accordance with its laws and regulations, that its laws and regulations of general application relating to any matter covered by this Agreement are immediately published or otherwise made freely available in order to provide interested persons and the Party with an opportunity to familiarize themselves with them, including if probably in electronic form. The Parties exchange a list of relevant official publications and electronic media.

     2. Each Side:

     (a) Publish in advance the draft laws and regulations referred to in paragraph 1 of this Article, which are planned to be adopted in that Party; and

     (b) Provides reasonable opportunities for interested persons and the other Party to submit comments on such laws and regulations referred to in paragraph 1 of this Article that are planned to be adopted in that Party.

     3. Each Party shall promptly, at the request of the other Party, provide information and answer questions regarding any current or planned law, regulation, procedure or administrative rule of general application, regardless of whether the requesting Party has been notified of them in advance. The Party shall provide the information in accordance with this paragraph in English within 45 days from the date of receipt of the request.

     4. The Parties shall ensure clarity and transparency of their respective import requirements from the other Party and publish a step-by-step guide on their import regulations for exporters of the other Party within 6 months from the date of entry into force of this Agreement. The above-mentioned guidelines are compiled in English and published for public review, including freely available on the official publicly accessible free website of the relevant Party. The Parties will immediately reflect any changes to their import regulations in this guide.

     5. The notification referred to in paragraph 3 of this Article is considered to have been carried out if the relevant information has been published for public inspection, including in free access on the official publicly accessible free website of the relevant Party.

      6. Any notification, request or information submitted in accordance with this Article shall be transmitted to the other Party through the appropriate contact points.  

Article 1.12 Amendment of legislation and regulations  

      By the time this Agreement enters into force, the Parties undertake to take all necessary general and special measures to ensure the fulfillment of their obligations under this Agreement and, if necessary, amend their respective legislation in order to bring it into line with the provisions of this Agreement.  

CHAPTER 2 TRADE IN GOODS    

Article 2.1 Most-favored-nation treatment    

      1. With respect to Customs duties and charges of any type applicable to or in connection with imports or exports, or to the international transfer of import or export payments, and with respect to the manner in which such duties and charges are levied, as well as with respect to all rules and formalities related to imports and exports, and with respect to all matters referred to in paragraphs 2 and 3 of Article 2.2, any advantage, benefit, privilege or exemption granted by a Party for any goods produced in or intended for the territory of any other country, They are immediately and unconditionally provided to similar products produced in the territory of the other Party or intended for it.

     2. The provisions of paragraph 1 of this article shall not apply to preferences:

     a) provided by a Party to neighboring countries for the purpose of facilitating cross-border trade;

     b) provided by a Party in accordance with an agreement on a customs union or a free trade area, or an interim agreement necessary for the formation of a customs union or a free trade area;

     (c) Provided by the Party to developing and least developed countries in accordance with the general scheme of tariff preferences.

Article 2.2 National treatment 4  

     1. The Parties recognize that internal taxes and other internal charges, and laws, regulations and requirements relating to internal sales, offers for sale, purchase, transportation, distribution or use of goods, as well as internal quantitative restrictions requiring the combination, processing or use of goods in certain quantities or fractions, do not apply to imported or domestic goods in order to protect domestic products5.

     2. Goods from the territory of a Party imported into the territory of the other Party are neither directly nor indirectly subject to internal taxation or other internal charges of any kind exceeding those applied, directly or indirectly, to similar domestic goods. In addition, the Parties shall not otherwise apply domestic taxation or other domestic charges to imported or domestic products in a manner that violates the principles set out in paragraph 16 of this article.

     3. Goods from the territory of a Party imported into the territory of the other Party shall be treated no less favourably than similar goods of national origin in respect of all laws, regulations and requirements related to their domestic sales, offers for sale, purchase, transportation, distribution or use. The provisions of this paragraph do not exclude the application of differentiated internal transport charges, which are based only on the economic activity of vehicles, and not on the country of origin of products.

     4. The Parties shall not establish or maintain any internal quantitative restriction concerning the combination, processing or use of goods in certain quantities or proportions, which directly or indirectly requires that a certain quantity or proportion of any product subject to restriction must be supplied from domestic sources. Besides. The Parties shall not otherwise apply internal quantitative restrictions in a way that is contrary to the principles set out in paragraph 17 of this article.

     5. Internal quantitative restrictions concerning the combination, processing, or use of goods in a certain quantity or proportion are not applied in such a way as to allocate any such quantity or proportion to external sources of supply.

     6. (a) The provisions of this section shall not apply to laws, regulations or requirements governing the supply by government agencies of products purchased for government purposes and not for the purpose of commercial resale or use in the manufacture of goods for commercial sale.

     (b) The provisions of this article do not exclude the payment of subsidies exclusively to domestic producers, including payments to domestic producers derived from income from domestic taxes or fees applied in accordance with the provisions of this article and subsidies realized through public procurement of domestic products.

     7. The Parties recognize that internal maximum price control measures, even in the case of compliance with other provisions of this Article, may harm the interests of the Parties supplying imported products. Accordingly, the Party applying such measures should take into account the interests of the other Party's exports in order to avoid, as far as possible, such damage.

      _________________  

      4 Any internal tax or other internal levy, or any law, rule or requirement of the kind referred to in paragraph 1, which apply to imported goods and similar domestic goods and which are levied or applied to imported goods at the time or place of importation, must nevertheless be considered as an internal tax or other internal levy, or a law, rule or requirement of the kind referred to in paragraph 1, and are accordingly subject to the provisions of Article 2.2.

      5 The Parties shall take such reasonable measures as may be available to them to ensure compliance with paragraph 1 by regional and local government authorities, as well as authorities in their territories. The term "reasonable measures" does not require, for example, the repeal of existing national legislation authorizing local governments to apply internal taxes, which, although not formally consistent with the provisions of article 2.2, are in fact consistent with its spirit, if such repeal would significantly complicate the financial situation for the relevant local governments or authorities. With respect to taxation by local government authorities or authorities that contradicts both the provisions and the spirit of Article 2.2, the term "reasonable measures" will allow a Party to gradually eliminate incompatible taxation during the transition period if its sudden exclusion creates significant administrative and financial difficulties.

      6 A tax conforming to the requirements of the first sentence of paragraph 2 shall be considered incompatible with the provisions of the second sentence only in cases where there has been competition between, on the one hand, goods subject to taxation, and, on the other hand, directly competing or substituted goods that were not subject to a similar tax.

7 A regulatory act compatible with the provisions of the first sentence of paragraph 4 shall not be considered as contradicting the provisions of the second sentence in any case when all goods subject to regulatory acts are produced domestically in significant quantities. A regulatory act cannot be considered compatible with the provisions of the second sentence on the grounds that the proportion or quantity attributed to each of the goods subject to regulatory regulation represents an equal ratio between imported and domestic goods.

Article 2.3 Reduction and (or) cancellation of customs duties  

      1. Each Party, in respect of originating goods of the other Party, provides a regime no less favorable than that established in accordance with its list of tariff obligations in Annex 1 to this Agreement.

     2. In accordance with the list of tariff obligations of the other Party, when imported into the territory of such other Party and subject to the conditions, requirements and clarifications set out in its list of tariff obligations, customs duty rates exceeding the amount set out in the relevant list of tariff obligations will not be applied to originating goods of a Party. Such goods will also not be subject to any other duties and charges of any type applicable to or in connection with imports exceeding the rates of customs duties set out in the list of tariff obligations.

     3. Nothing in this Article prohibits any of the Parties from establishing at any time with respect to the import of any product:

      (a) Charges equivalent to the domestic taxes established in accordance with paragraph 2 of Article 2.2 in respect of similar domestic goods or any material from which the imported goods were wholly or partially produced or processed;

     (b) Any duty imposed in accordance with Chapter 3 ("Internal market protection measures") of this Agreement;

     (c) Fees and other charges commensurate with the cost of providing the relevant services.

      4. If the preferential rate of customs duty on goods originating from the territory of a Party applied in accordance with Annex 1 to this Agreement is higher than the rate of customs duty applied in accordance with the most-favored-nation regime for the same product, the latter shall apply to such goods.

Article 2.4 Changes in the applicable tariff nomenclature  

      1. Each Party shall ensure that any change made to its applicable nomenclature based on the HS and its description is carried out without prejudice to the tariff obligations established in accordance with Annex 1 to this Agreement.

     2. Such a change in the applicable commodity nomenclature of the EAEU, based on the HS and its description, and in the applicable commodity nomenclature of the Islamic Republic of Iran, based on the HS and its description, should be carried out by the Eurasian Economic Commission and the Islamic Republic of Iran, respectively. The Parties shall promptly make publicly available any changes to the applicable nomenclature based on the HS and its description, and shall inform each other annually of such changes.

Article 2.5 Duties, fees and formalities related to import and export8  

     1. (a) All payments and charges of any kind (other than import and export duties and taxes in accordance with Article 2.2) applied by the Parties in respect of or in connection with imports or exports are limited to the approximate cost of services rendered and do not constitute indirect protection of domestic goods or taxation of imports or exports with fiscal the goal.

     (b) The Parties recognize the need to reduce the number and types of duties and charges referred to in subparagraph (a).

     (c) The Parties also recognize the need to simplify and minimize import and export formalities, as well as reduce and simplify import and export documentation requirements.9

     2. A Party, at the request of the other Party, reviews the operation of its laws and regulations in accordance with this article.

     3. The Parties shall not apply significant penalties for minor violations of customs regulations or procedural requirements. In particular, penalties for any omission or error in customs documentation, which are easy to correct and which are clearly made without fraudulent intent and not out of gross negligence, do not exceed the measures necessary to be applied solely as a warning.

     4. The provisions of this article shall apply to fees, payments, formalities and requirements established by government authorities in connection with import and export, including with respect to:

     a) consular operations, for example, consular invoices and certificates;

     b) quantitative restrictions;

     c) licensing;

     d) currency control;

     (e) Statistical accounting;

     f) documents, documentation and certification;

     (g) Analysis and verification; and

     h) quarantine, sanitary control and cargo handling.

      5. Each Party shall ensure that its competent authorities publish information on the duties and charges it applies for review on their official websites.  

      _________________  

      8 Although article 2.5 does not cover the application of multiple exchange rates per se, paragraphs 1 and 4 condemn the use of foreign exchange taxes or fees as a way to practice multiple exchange rates; If, however, a Party levies, with the approval of the International Monetary Fund, for reasons of balance of payments, foreign exchange fees at multiple exchange rates, nothing in this Agreement shall preclude the Party from applying currency controls or currency restrictions in accordance with articles of Agreement of the International Monetary Fund or articles of a special agreement between the Party and the other Party on exchange.

      9 Paragraph 1 corresponds to the provision where, when goods are imported from the territory of a Party to the territory of another Party, the issuance of a certificate of origin is required only in cases where it is strictly necessary.

Article 2.6 Administration of trade regulations  

     1. Laws, regulations, court decisions and administrative decisions of general application put into effect by the Parties related to the classification or determination of the value of goods for customs purposes, or with customs rates, taxes or other fees, as well as requirements, restrictions, prohibitions on import or export, or on the transfer of payments for them, or providing the impact on sale, distribution, transportation, insurance, stock placement verification, demonstration, recycling, combination or other use, are published promptly in this way, so that the authorities and trading companies can get acquainted with them. Agreements between the Government and a government organization that influence international trade policy are also published. The provisions of this paragraph do not oblige the Parties to disclose confidential information, the disclosure of which would impede the enforcement of the law or otherwise contradict the public interest, or would infringe on the legitimate commercial interests of individual enterprises, both public and private.

     2. General measures adopted by the Parties related to an increase in the rate of customs duties or other charges on imports in accordance with established and ongoing practice, or the application of a new or more burdensome requirement, restriction or prohibition on imports, or the transfer of payments for them, shall not enter into force until their official publication.

     3. (a) Each Party shall apply in a uniform, fair and reasonable manner all its laws, regulations, decisions and regulations referred to in paragraph 1 of this article.

     (b) Each Party shall have or establish, as soon as reasonably practicable, judicial, arbitral or administrative tribunals or procedures for the purposes, inter alia, of prompt review and correction of administrative action relating to customs matters. Such tribunals or procedures are independent of the bodies charged with the application of administrative law, and their decisions are carried out by such bodies, and the latter are guided by these decisions in their practice, unless an appeal is filed with a court or tribunal of a higher instance within the period set for the complaint by importers.; provided that the central management of such a body may take measures to review this issue through other proceedings if there are sufficient reasons to believe that this decision is incompatible with the established principles of the law or the actual facts.

     (c) The provisions of subparagraph (b) of this paragraph do not require the cancellation or replacement of procedures in force in the territory of a party as of the date of this Agreement that actually ensure an objective and impartial review of administrative actions, even if such procedures are not fully or formally independent of the authorities charged with the application of administrative law. Any Party applying such procedures shall, upon request, provide full information about them so that the other Party can determine whether such procedures comply with the requirements of this subparagraph.

Article 2.7 Quantitative restrictions10  

     1. With respect to the goods listed in Annex 1 to this Agreement, prohibitions or restrictions, other than duties, taxes or other charges imposed through quotas, import or export licenses, or other measures, shall not be established or maintained by any party for the import of these goods from the territory of any other Party or for export or sale for export of these goods destined for the territory of any other Party.

2. The provisions of paragraph 1 of this Article shall not apply to:

     (a) export bans or restrictions temporarily applied to prevent or reduce acute shortages of food or other goods important to the exporting Party;

     (b) import and export bans or restrictions necessary for the application of standards or regulations for the classification, sorting or marketing of goods in international trade;

     (c) restrictions on the import of any agricultural or fishery products imported in any form11 necessary to enforce government measures that are in effect:

     (i) limit the quantity of a similar domestic product permitted for sale or production, or, if there is no significant domestic production of a similar product, a domestic product that can be directly replaced by an imported product; or

     (ii) to remove from the market a temporary surplus of a similar domestic product, or if there is no significant domestic production of a similar product, a domestic product that can be directly replaced by an imported product by presenting the existing surplus to certain groups of domestic consumers free of charge or at prices below current market prices; or

     (iii) limit the quantity allowed for production of any product of animal origin, the production of which directly depends, in whole or in part, on imported raw materials, if the domestic production of this product is relatively insignificant.

     Any party applying import restrictions on any product by virtue of subparagraph (c) of this paragraph shall publish for public notice the total quantity or value of the product permitted for import during a specified period in the future, and any changes in such quantity or value. In addition, any restrictions applied under subparagraph (i) above do not reduce the total volume of imports relative to the total volume of domestic production, compared with the ratio that could reasonably be expected to exist between them in the absence of restrictions. In determining this ratio, the party shall pay due attention to the ratio that prevailed over the previous representative period, as well as to any special factors that could or influence trade in the relevant goods.

     3. Prohibitions or restrictions shall not be applied by a Party to the import of any goods from the territory of the other Party or the export of any goods destined for the territory of the other Party, except in cases where the import of similar goods from all third countries or the export of similar goods to all third countries is similarly prohibited or restricted.

     4. When applying import restrictions to any goods, a Party shall seek to distribute trade in such goods in such a way as to reflect as accurately as possible the share of participation in trade that the other Party would be expected to have in the absence of such restrictions, and for this purpose shall comply with the following provisions:

     (a) Where it is practically justified, quotas representing the total amount of permitted imports (regardless of whether they are distributed among the supplier countries or not) are fixed and a notification of their amount is sent in accordance with paragraph 5 (b) of this article.;

     (b) In cases where quotas are impracticable, restrictions may be applied through import licenses or permits without quotas.;

     c) The Parties, except for the purposes of applying quotas allocated in accordance with subparagraph (d) of this paragraph, do not require that import licenses or permits be used to import relevant goods from a specific country or source.;

     d) in cases where the quota is distributed among the supplier countries. The Party applying the restrictions may seek an agreement to distribute shares in the quota with countries with a significant interest in the supply of the product, including the other Party. In cases where this method is not reasonably justified. A Party allocates to the other Party shares of the total quantity or value of imports of a given product based on the supply ratios of the other Party's product during the previous representative period, taking into account any special factors that could or may affect further trade in this product. No conditions or formalities shall be imposed that would prevent any Party from making full use of its allotted share of any such total quantity or value of supplies, provided that the importation takes place within the prescribed time period to which the quota may relate.13

     5. (a) In cases where import licenses are issued in connection with import restrictions, the Party applying the restrictions shall, upon request by the other Party, provide all relevant information regarding the regulation of restrictions, import licenses issued during the recent period, and the distribution of such licenses among supplier countries, provided that that there is no obligation to provide information regarding the names of importing or supplying enterprises.

     (b) In the case of import restrictions leading to the establishment of quotas, the Party applying the restrictions shall publish to the public the total quantity or value of goods or goods that will be allowed for import during a certain future period, and any changes in such quantity or value. Any shipments of relevant goods carried out during transportation at the time of publication of the official notification are not excluded from importation, provided that they can, as far as possible, be counted against the quantity allowed for import in the relevant period, as well as, if necessary, against the volume allowed for import in the next period or periods, as well as provided that if any Party, in the usual manner, exempts from such restrictions goods received for domestic consumption or removed from warehouses for domestic consumption, Within thirty days after the date of such official notification, such practice is considered to be in full compliance with this subparagraph.

     (c) In the case of quotas distributed among supplier countries, the Party applying the restrictions shall immediately notify the other Party of the quota shares currently distributed, by quantity or value, to the various supplier countries and publish a notice to the public.

     6. With respect to restrictions applied in accordance with paragraph 2 (c) or paragraph 4 (d) of this Article, the selection of a representative period for any goods and the assessment of any special factors affecting trade in goods are initially made by the Party applying the restriction, provided that such Party, at the request of the other Party immediately consults with the other Party on the need to regulate the share to be determined or the selected base period, or the need to reassess the relevant special factors, or the need to exclude conditions, formalities or any other provisions established unilaterally concerning the allocation of the relevant quota or its unrestricted use.

     7. The provisions of this Article shall apply to any tariff quota established or maintained by any Party, and, to the extent applicable, the principles of this Article shall also apply to export restrictions.

      _____________  

      10 In all paragraphs of Article 2.7, the terms "import restrictions" and "export restrictions" include restrictions applied through trade operations carried out by the State.

      11 The term "in any form" in this paragraph refers to the same goods that are in the initial stage of processing and are still perishable, which directly compete with fresh products and which, if freely imported, would make restrictions on fresh products ineffective.

      12 The term "special factors" includes changes in the relative productivity levels of domestic and foreign producers, or among different foreign producers, but not changes artificially caused by methods not permitted by this Agreement.

      13 No mention was made of "commercial considerations" as a rule for allocating quotas, as it was considered that their application by government authorities might not always be appropriate. In addition, where appropriate, the Party could apply these considerations in the process of reaching an agreement, in accordance with the general rule set out in the first sentence of paragraph 4 of this article.

Article 2.8 Freedom of transit  

     1. Goods (including baggage), as well as ships and other means of transport, are considered to be in transit through the territory of a Party when transportation through such territory, in the presence or absence of transshipment, warehousing, splitting of shipments or changing the mode of transport, is only part of a complete route starting and ending outside the border of the Party through whose territory the cargo is moving.. Traffic of this nature is defined in this article as "transit traffic".

     2. The freedom of transit through the territory of each Party is established along the routes most convenient for international transit, for transit traffic to or from the territories of the other Party. No distinction is made based on the flag of the vessels, the place of origin, departure, entry, exit or destination, or any circumstances related to the ownership of goods, ships or other means of transport.

3. The Parties may require that transit traffic through their territory be carried out through the appropriate customs entrance, but, except in cases of non-compliance with applicable customs legislation and regulations, such traffic going from or to the territory of other Parties is not subject to any unnecessary delays or restrictions and is exempt from customs duties and from all transit or other charges imposed in relation to transit, with the exception of transportation fees or charges commensurate with the administrative costs incurred by transit, or with the cost of the services provided.

     4. All fees and regulations established by a Party for transit traffic to or from the territories of the other Party must be reasonable, taking into account the conditions of carriage.

     5. With respect to all fees, rules and formalities related to transit, each Party shall provide transit traffic going to or from the territory of the other Party with a regime no less favorable than that granted to transit traffic to or from any third country.14

     6. Each Party shall provide goods that were in transit through the territory of any other Party with treatment no less favorable than that which would have been provided to such goods if they had been transported from their place of origin to their destination without passing through the territory of such other Party. The Parties may, however, maintain their direct shipment requirements existing as of the date of this Agreement in respect of any goods for which such direct shipment is a prerequisite for obtaining the right to import goods at preferential duty rates or is related to the valuation method established by the party for the purposes of levying duties.

      7. The provisions of this article do not apply to the transit movement of aircraft, but apply to the air transit of goods (including baggage).  

      _________________    

      14 With regard to transport charges, the principle set out in paragraph 5 applies to similar goods transported along the same route under the same conditions.    

Article 2.9 Committee on Trade in Goods  

     1. The Parties hereby establish a Committee on Trade in Goods (hereinafter referred to as the "Committee on Goods"), which will include representatives of each Party.

     2. The Goods Committee shall meet at the request of any Party to consider any issue arising in connection with this chapter and Chapters 3 ("Measures to protect the internal market"), 4 ("Technical barriers to trade"), 5 ("Sanitary and phytosanitary measures"), 6 ("Rules of Origin"), and 7 ("Customs cooperation and trade facilitation").

     3. The Goods Committee will perform the following functions:

     (a) Review and monitor the implementation and application of the chapters referred to in paragraph 2 of this article;

     (b) Review and make appropriate recommendations, if necessary, to the Joint Committee on any amendments to the provisions of this chapter and the lists of tariff obligations in Annex 1 to this Agreement in order to develop and simplify market access;

     (c) Identify and recommend measures to resolve any problem that may arise;

     (d) To transmit to the Joint Committee the results of the assessment of any other problem arising from the application of this chapter.

Article 2.10 Non-fulfillment of obligations or their violation  

     1. If any Party considers that any benefit directly or indirectly intended for it under this Agreement is reduced to zero or reduced, or that achieving any objective of the Agreement is hindered as a result of:

     a) the other Party's failure to fulfill its obligations under this Agreement, or

     b) the application by the other Party of any measure that contradicts or does not contradict the provisions of this Agreement; or

     c) any other situation. The Party has the right, in order to satisfactorily resolve the issue, to submit written statements or proposals to the other Party. The Party to whom such an appeal has been received shall kindly consider the statements or proposals submitted to it.

     2. If a satisfactory settlement by the Parties is not reached within a reasonable period of not more than sixty days, or if the nature of the difficulties relates to those specified in subparagraph (c) of paragraph 1 of this article, the matter may be referred to the Joint Committee for consideration. The Joint Committee shall immediately consider any matter referred to it in this regard and make appropriate recommendations or make a decision on the matter, as appropriate.

     3. If the Joint Committee considers that the circumstances are serious enough to justify such a measure, it may authorize a Party to terminate the application to the other Party of such concessions or other obligations under this Agreement as it deems necessary in the relevant circumstances.

     4. If no agreement has been reached between the Parties in the Joint Committee, and the issue under discussion remains open, the interested Party has the right to terminate the concessions unilaterally, reserving for the other Party the right to initiate proceedings on this issue in accordance with Chapter 8 of this Agreement.

Article 2.11 State-owned commercial enterprises    

     1.15 (a) Each Party undertakes that if it establishes or retains a State-owned enterprise, regardless of its location, or formally or in practice grants exclusive or special privileges to any enterprise,16 such enterprise, in the process of purchases or sales related to import or export, acts in a manner consistent with the general principles of non-discriminatory treatment prescribed by this Agreement for government measures affecting imports or exports carried out by private entrepreneurs.

     (b) The provisions of subparagraph (a) of this paragraph shall be interpreted as requiring such enterprises, taking due account of the other provisions of this Agreement, to make any such purchases and sales based solely on commercial considerations,17 including price, quality, accessibility, competitiveness, transportation and other conditions of purchase and sale, and to provide enterprises with On the other hand, there is a necessary opportunity, in accordance with existing business practices, to compete for participation in such purchases or sales.

     (c) The Parties may not deprive any enterprise (whether described in subparagraph (a) of this paragraph or not) under their jurisdiction of the opportunity to operate in accordance with the principles set out in subparagraphs (a) and (b) of this paragraph.

     2. The provisions of paragraph 1 of this article shall not apply to the import of goods for immediate or final public consumption and resale or use in the manufacture of goods for sale in any other way.18 In respect of such imports, each Party shall provide the other Party's trade with impartial and fair treatment.

     3. The Parties recognize that enterprises of the type described in paragraph 1 (a) of this article may be managed in such a way as to create serious obstacles to trade; therefore, negotiations on a mutually beneficial bilateral basis aimed at limiting or reducing such obstacles are important for the expansion of international trade.

     4. (a) The Parties shall notify the Joint Committee of goods imported into or exported from their territories by enterprises of the type described in paragraph 1 (a) of this article.

     (b) The Party establishing, maintaining or permitting a monopoly on the import of goods not included in Annex 1 to this Agreement shall, at the request of the other Party, notify such Party of the increase in the import price19 for the goods during the recent representative period, or, if this is not possible, of the price set for resale of the goods.

     c) A Party that has reason to believe that its interests under this Agreement are being infringed by the actions of an enterprise of the type described in paragraph 1 (a) of this Article shall require the Party establishing, maintaining or permitting such an enterprise to provide information on its activities related to the implementation of the provisions of this Agreement.

     d) The provisions of this paragraph do not oblige any Party to disclose confidential information, the disclosure of which would impede the enforcement of the law or otherwise contradict the public interest, or would infringe on the legitimate commercial interests of individual enterprises.

      _______________  

      15 The activities of Marketing Councils, which are established by the Parties and participate in procurement or sales, are subject to the provisions of sub-paragraphs (a) and (b). The activities of Marketing Councils, which are established by the Parties and do not engage in procurement or sales, but establish regulations applicable to private trade, are governed by the relevant articles of this Agreement. The establishment by a State-owned enterprise of different prices for the sale of goods in different markets is not excluded by the provisions of this article, provided that such different prices are set for commercial reasons, to meet the conditions of supply and demand in export markets.

      16 Government measures applied to ensure standards of quality and efficiency in the conduct of foreign trade, or privileges granted for the use of national natural resources, but not authorizing the authorities to exercise control over the trading activities of the relevant enterprise, are not "exclusive or special privileges".

17 A country receiving a "linked loan" has the right to take this loan into account as a "commercial calculation" when purchasing necessary supplies abroad.

      18 The term "goods" is limited to goods as implied in the practice of trade and is not intended for the purchase or sale of services.

      19 The term "surcharge" is the difference by which the value established by the import monopoly for imported goods (less domestic taxes in accordance with Article 2.2 (National Treatment) of this Agreement, transportation, distribution and other costs during the purchase, sale or further actions, as well as a reasonable profit margin) exceeds the value of the product in stock.  

CHAPTER 3     MEASURES TO PROTECT THE DOMESTIC MARKET    

Article 3.1 Definitions    

      For the purposes of this chapter, the following definitions apply:  

      a) "anti-dumping measure" is a measure applied by a Party in accordance with the provisions of this Chapter with respect to imports of goods originating from the territory of the other Party to counteract or prevent dumping imports that cause or may cause material damage or significantly slow down the creation of an economic sector;    

      (b) "Countervailing measure" means a measure applied by a Party in accordance with the provisions of this chapter with respect to imports of goods originating from the territory of the other Party in order to neutralize the impact of a specific subsidy provided in the territory of the latter Party, which causes or may cause material damage or may significantly slow down the creation of an economic sector;    

      (c) "Special protective measure" means a measure applied by a Party in accordance with the provisions of this chapter with respect to imports of goods in order to prevent or compensate for serious damage or threat of such damage to an economic sector caused by increased imports of such goods from all countries;    

      (d) "Bilateral protective measure" means a measure applied by a Party in accordance with the provisions of this Chapter with respect to imports of goods originating from the territory of the other Party in order to prevent or compensate for serious damage or threat of such damage to an economic sector caused by increased imports of such goods due to a reduction or zeroing of the customs duty rate in accordance with this Agreement.  

Article 3.2 Anti-dumping and countervailing measures  

     1. Each Party shall apply anti-dumping and countervailing measures in accordance with its legislation governing the application of anti-dumping and countervailing measures, with the exception of the cases provided for in this chapter.

     2. A product is considered to be the subject of dumping, i.e., as having entered the market of another country at a price below its normal value, if the export price of the product exported from one Party to the other is lower than the comparable price established in the normal course of trade for a similar product intended for consumption in the exporting Party. Sales of similar goods on the exporting Party's market at prices not lower than the weighted average cost of production, taking into account administrative, trade and total costs, are considered to be carried out within the normal course of trade. For the purposes of anti-dumping investigations, if there are no sales of a similar product in the normal course of trade in the domestic market of the exporting Country, or when, due to low sales in the domestic market of the exporting country, such sales do not allow for proper comparison, the dumping margin is determined by comparing it with the comparable price of a similar product when it is exported to the relevant third country. the country, provided that this price is representative, or with production costs in the country of origin, to which is added a reasonable amount of administrative, trading and general costs, as well as profits. For the purposes of this paragraph, costs are usually calculated on the basis of accounting documents of the exporter or manufacturer being investigated, provided that such documents comply with accounting principles generally accepted in the exporting country and accurately reflect the costs associated with the production and sale of the product. The competent authorities shall take into account all available evidence of the correctness of cost allocation, including those provided by the exporter or manufacturer during the investigation, provided that such allocation has been historically practiced by the exporter or manufacturer, in particular with regard to the establishment of appropriate depreciation and amortization periods and deductions for investments and other costs for the development of production. If this has not already been taken into account in the allocation of costs in accordance with this paragraph, the costs shall be adjusted accordingly, taking into account non-recurrent items of expenditure intended for the development of future and/or current production, or circumstances in which the costs during the investigation period are affected by operations during the establishment of production.20 For the purposes of this paragraph, the amounts of administrative, trade and general costs, as well as profits, are based on actual data on the production and sales of similar goods in the normal course of trade., submitted by the exporter or manufacturer being investigated. If such amounts cannot be determined on this basis, they can be determined on the basis of:

     (i) the actual amounts paid or received by the exporter or manufacturer in connection with the production or sale in the domestic market of the country of origin of the same category of goods;

     (ii) the weighted average actual amounts paid or received by other exporters or producers who are under investigation in connection with the production or sale of similar goods in the domestic market of the country of origin;

     (iii) any other reasonable method, provided that the amount of profit established by such method does not exceed the profit normally earned by other exporters or producers when selling goods of the same general category in the domestic market of the country of origin.

     3. In cases where there is no export price, or where, in the opinion of the relevant competent authorities, the export price is not credible due to the existence of a link or compensation agreement between the exporter and the importer or a third party, the export price may be constructed based on the price at which the imported goods are first resold to an independent buyer, or if the goods are not resold to an independent buyer or are not resold in the same form as they were imported on such a reasonable basis as may be determined by the competent authorities.

     4. The comparison of the export price and the normal value is fair. Such a comparison should be made at the same stage of the trading operation, usually at the stage of shipment from the factory, and for sales carried out, if possible, at the same time. In each case, the necessary appropriate adjustments are made to take into account differences that affect price comparability, including differences in circumstances and conditions of sale, taxation, levels of trade, quantities, physical characteristics, as well as any other differences for which evidence is provided of their impact on price comparability. In the cases referred to in paragraph 3 of this article, adjustments should also be made for expenses, including duties and taxes paid between import and resale, as well as for profits earned. If price comparability is affected in such cases, the competent authorities shall establish a normal value at the stage of the trade operation equivalent to the stage for which the export price is constructed, or make the necessary adjustments permitted by this paragraph. The competent authority of the Party indicates to the interested parties what information is necessary to ensure a fair comparison, and does not impose an excessive burden on these parties to provide evidence.

     (i) If the comparison, in accordance with paragraph 4 of this article, requires conversion from one currency to another, such conversion shall be carried out using the exchange rate at the date of sale, provided that if the sale of a foreign currency on the futures market is directly related to the relevant export, the exchange rate used for the sale for the term is used. Fluctuations in exchange rates are not taken into account, and during the investigation, the competent authorities provide exporters with at least 60 days to adjust their export prices to reflect sustained changes in exchange rates during the investigation period.

     (ii) Subject to the provisions of paragraph 4 of this article governing fair comparison, the existence of a dumping margin during an investigation is usually determined by comparing the weighted average normal value with the weighted average prices of all comparable export transactions, or by comparing the normal value with the export prices of specific transactions. The normal cost, based on a weighted average, can be compared with the prices of specific export transactions if the competent authorities determine that the structure of export prices differs significantly between different buyers, regions or time periods, and if an explanation is given as to why such differences cannot be adequately accounted for in the case of a weighted average comparison, or prices for specific transactions.

5. In the case where the goods are not imported directly from the country of origin, but are exported to the importing Party from an intermediate country, the price at which the goods are sold from the exporting country to the importing Party is usually compared with the comparable price in the exporting country. However, a comparison can be made with the price in the country of origin if, for example, the goods are only shipped through the country of export, or such goods are not produced in the country of export, or if there is no comparable price for them in the country of export.

     6. In the text of this chapter, the term "similar product" is interpreted as meaning an identical product, i.e. in all respects similar to this product, or, in the absence of such a product, another product that, while not similar in all respects, has characteristics similar to those of this product.

     7. For the purposes of this chapter, a subsidy is recognized if:

     a) financial assistance is provided by the Government or any public authority within the territory of the exporting Party, i.e. when:

     (i) the Government practices direct transfer of funds (for example, in the form of grants, loans, or stock purchases) or undertakes obligations to transfer such funds (for example, loan guarantees);

     (ii) the Government refuses to collect or does not collect the income due to it (for example, tax benefits such as tax credits);

     (iii) the Government provides goods or services in addition to the general infrastructure, or purchases goods;

     (iv) the Government makes payments to financing mechanisms or assigns or orders a private individual to perform one or more of the functions specified in subparagraphs (i) to (iii) that are normally assigned to the Government, and on terms that do not actually differ from the usual practice of Governments.;

      or  

     b) there is any form of income and price support for the recipient of the subsidy that acts, directly or indirectly, to increase exports of any product from the territory of the exporting Party or reduce imports of any product into its territory;

      and  

     c) An advantage is thus provided.

     8. An exporting Party's subsidy is considered specific if access to the subsidy is legally or actually limited to an individual enterprise or industry or a group of enterprises or industries within the jurisdiction of the subsidizing authority. A subsidy, the use of which is limited to certain enterprises located in a designated geographical region under the jurisdiction of the subsidizing authority, is specific. It is understood that the introduction or modification of universally applicable tax rates by competent government authorities at all levels for the purposes of this Agreement is not considered as a specific subsidy.

     9. In order to determine whether a subsidy is specific, the following principles apply:

     (a) if the subsidizing authority or the legislation under which the subsidizing authority operates explicitly restricts access to subsidies only to certain enterprises, such subsidy is considered to be specific;

     (b) if the subsidizing authority or the legislation under which the subsidizing authority operates establishes objective criteria or conditions21 that determine eligibility and amount of subsidies, specificity does not exist, provided that eligibility is automatic and that such criteria and conditions are strictly met. The criteria and conditions should be clearly specified in a law, instruction, act or other official documents in such a way that they can be verified.

     (c) if, despite the appearance of non-specificity resulting from the application of the principles set out in paragraphs (a) and (b), there are grounds to believe that the subsidy in question may actually be specific, other factors may be taken into account. These factors include: the use of a subsidy program by a limited number of certain enterprises, the preferential use by certain enterprises, the provision of disproportionately large amounts of subsidies to certain enterprises, as well as the way in which the subsidizing authority uses discretion when deciding whether to grant subsidies.22 When applying this subparagraph, it is necessary to take into account the degree of diversification of economic activity within the jurisdiction of the subsidizing authority, as well as the length of time during which this subsidy program operates.

      10. Any claim of specificity in accordance with the provisions of paragraphs 8 and 9 of this article must be clearly substantiated by the availability of supporting evidence.  

      11. Any subsidy from the exporting Party is considered specific if:  

     a) the subsidy is linked by the exporting Party's law or de facto,23 as a single or one of several conditions to the export results;

     b) the subsidy is linked by the law of the exporting Party or in fact, as a single or one of several conditions, to the use of domestic goods instead of imported ones.

     12. Any method used by the investigating authority to calculate the benefit to the recipient of the subsidy in accordance with paragraph 6 of this article must comply with the following principles:

     (a) government participation in the company's capital is not considered as granting a benefit, unless the investment decision cannot be regarded as inconsistent with the usual investment practices (including the provision of risk capital) of private investors in the territory of this Party.

     (b) a government loan is not considered a benefit if there is no difference between the amount that the recipient firm pays for the government loan and the amount that it would pay for a comparable commercial loan that the firm can actually obtain on the market. In such a case, the difference between these two amounts is considered a benefit.;

     (c) the government's guarantee of a loan is not considered a benefit if there is no difference between the amount that the receiving company pays for a loan guaranteed by the Government and the amount it would pay for a comparable commercial loan without a government guarantee. In such a case, the difference between these two amounts, adjusted for the difference in fees, is considered a benefit.;

     (d) government supplies of goods or services, or government purchases of goods, are not considered a benefit unless the goods or services are supplied by the Government for less than an adequate fee, or purchases are made for more than an adequate fee. The adequacy of payment is determined relative to the existing market conditions for these goods and services in the country of supply or purchase (including price, quality, availability, liquidity, transportation, and other conditions of purchase or sale).

     13. The Parties may apply an anti-dumping or countervailing measure only after an investigation by the competent authority initiated and conducted in accordance with the provisions of this article. The investigation is completed within one year and in no case later than 18 months after its start.

     14. An investigation is initiated upon a written application submitted by or on behalf of an economic industry that contains sufficient evidence of (a) dumping (for purposes of anti-dumping investigations) or a specific subsidy (for purposes of countervailing investigations), (b) damage to the economic industry, and (c) a causal relationship between dumped imports (for purposes of anti-dumping investigations) or subsidized imports. importation (for the purposes of compensation investigations) and alleged damage.

     15. The statement for the purposes of the compensation investigation contains information available to the applicant:

     (a) the identity of the applicant and a description of the volume and cost of domestic production of similar goods by the applicant. If a written application is made on behalf of a branch of the economy, it should identify the industry on whose behalf the application is filed by including a list of all known domestic producers of similar goods (or associations of domestic producers of similar goods) and, to the extent possible, a description of the volume and cost of domestic production of similar goods attributable to such producers.;

     (b) a full description of the allegedly subsidized product, the name of the country or countries of origin or export, the identity of each known exporter or foreign manufacturer, and a list of known importers of the product.;

     (c) evidence of the existence, size and nature of the subsidy;

      (d) evidence that the alleged damage to a branch of the economy is caused by subsidized imports due to the impact of the subsidy; this evidence includes information on changes in the volume of presumably subsidized imports, the impact of these imports on prices of similar goods on the domestic market and the subsequent impact of imports on the branch of the economy, based on relevant indicators and indices characterizing the state of the branch of the economy.  

      16. The application for the purposes of the anti-dumping investigation contains information available to the applicant;  

(a) the identity of the applicant and a description of the volume and cost of domestic production of similar goods by the applicant. If a written application is submitted on behalf of a branch of the economy, then such a statement specifies the industry on whose behalf it is submitted by providing a list of all known domestic producers of similar goods (or associations of domestic producers of similar goods) and, as far as possible, a description of the volume and cost of domestic production of similar goods accounted for by such producers.

     (b) a full description of the allegedly dumped product, the name of the country or countries of origin or export, the identity of each known exporter or foreign manufacturer, and a list of known importers of the product.;

     (c) information on the prices at which the product is sold for consumption in the domestic markets of the country or countries of origin or export (or, where appropriate, information on the prices at which the product is sold from the country or countries of origin or export to a third country or countries, or on the constructed value of the product), and information on on export prices, or, where appropriate, on the prices at which the goods are first resold to an independent buyer in the territory of the importing Party;

     (d) information on the dynamics of imports suspected to be the subject of dumping, the impact of these imports on the prices of similar goods on the domestic market and the consequences of these imports for the domestic industry, confirmed by relevant factors and indicators related to the situation of the domestic industry.

     17. If, in special circumstances, the relevant competent authority decides to initiate an investigation without receiving a request from or on behalf of an economic sector requesting the initiation of such an investigation, the competent authority will initiate it only if it has sufficient evidence of dumping (for the purposes of an anti-dumping investigation) or a specific subsidy (for the purposes of compensation investigation), damages and the causal relationship between them to justify the initiation of the investigation. An investigation begins only if, based on an examination of the degree of support or disagreement with a statement made by domestic manufacturers of a similar product, the competent authority of the Party determines that the application was submitted by or on behalf of the economic sector. An application is considered to be submitted by or on behalf of a "branch of the economy" if it is supported by those domestic producers whose combined production accounts for more than 50 percent of the total production of a similar product produced by that part of the branch of the economy that expresses either support or disagreement with the application. However, an investigation does not begin if the share of domestic producers who speak out in support of the statement accounts for less than 25 percent of the total production of a similar product produced by a branch of the economy.

      18. The application is rejected and the investigation is immediately terminated as soon as the competent authority of the Party is satisfied that there is insufficient evidence of either dumping (for the purposes of anti-dumping investigations) or subsidization (for the purposes of countervailing investigations), or damage justifying the continuation of the procedure. The investigation is immediately terminated in cases where the competent authority of the Party determines that the dumping margin or the amount of subsidy is de minimis, or that the volume of dumped or subsidized imports, actual or potential, or the amount of damage is insignificant.

     19. For the purposes of anti-dumping and countervailing investigations, the term "branch of the economy" is interpreted as referring to all domestic producers of similar goods or to those whose total production of goods constitutes a significant part of the total domestic production of these goods, with the exception that:

     (a) in cases where producers are associated with exporters or importers, or are themselves importers of the goods allegedly being dumped, the term "domestic industry" may be interpreted as referring to other producers.;

     (b) in exceptional circumstances, the territory of a Party may be divided into two or more competing markets for a given production, and producers within each market may be considered a separate industry if (a) producers within such a market sell all or almost all of their manufactured goods in that market, and (b) demand in that market the market is not satisfied to any significant extent by the producers of this product located in other parts of the territory. In such circumstances, damage can be detected even if the main part of the entire economic sector is not affected, provided that dumped or subsidized imports are concentrated in such an isolated market, as well as if dumped or subsidized imports cause damage to producers of all or almost all products in such a market.

     20. Goods imported from one Party to the territory of the other Party are not considered to be subject to the simultaneous application of anti-dumping and countervailing measures in order to compensate for the same dumping or subsidizing situation.

      21. A Party shall not apply anti-dumping or countervailing measures to imports from the other Party until it determines during the investigation that the effect of dumping (for the purposes of applying anti-dumping measures) or subsidization (for the purposes of applying countervailing measures) accordingly, it causes or threatens to cause material damage to its branch of the economy or significantly slow down the development of the branch of the economy. The determination of damage is based on positive evidence and involves an objective examination of both (a) the volume of dumped imports (for purposes of an anti-dumping investigation) or subsidized imports (for purposes of a countervailing investigation) and the impact of such imports on the prices of similar goods on the domestic market, and (b) the subsequent impact of such imports on domestic producers of such goods. The study of the impact of dumped imports (for purposes of an anti-dumping investigation) or subsidized imports (for purposes of a countervailing investigation) on the affected sector of the economy includes an assessment of all relevant economic factors and indicators related to the state of the industry, including actual or potential reductions in sales, profits, output, market share, productivity, income from investments or capacity utilization; factors affecting domestic market prices; dumping margin values; actual or potential negative impact on cash flow, inventories, employment, wages, growth rates, and the ability to attract capital or investment. This list is not exhaustive; none or several of these factors can be of decisive importance. The demonstration of a causal relationship between dumped imports (for purposes of an anti-dumping investigation) or subsidized imports (for purposes of countervailing investigations) and damage to an economic sector is based on the examination of all relevant evidence available to the competent authority. The competent authority also examines any other known factors besides dumped imports (for the purposes of an anti-dumping investigation) or subsidized imports (for the purposes of a countervailing investigation) that cause damage to an economic sector during the same period, and the damage caused by these factors should not be attributed to dumped imports (for the purposes of an anti-dumping investigation) or subsidized imports (for for the purposes of the compensation investigation). Determining whether there is a threat of material damage is based on facts, not just statements, assumptions, or a remote possibility. A change in circumstances creating a situation in which dumping (for the purposes of an anti-dumping investigation) or subsidy (for the purposes of a compensation investigation) could cause damage should be clearly anticipated and inevitable.

     22. Preliminary measures may be taken if necessary and if a preliminary positive conclusion has been made about the presence of dumping (for the purposes of an anti-dumping investigation) or a specific subsidy (for the purposes of a compensation investigation) that caused damage. Preliminary measures are not applied earlier than 60 days after the start of the investigation. The application of provisional measures is limited to the shortest possible period, not exceeding four months, or, by decision of the relevant competent authorities, at the request of exporters representing a significant part of the trade, to a period not exceeding six months. When the competent authority considers during the investigation whether a duty lower than the dumping margin is sufficient to repair the damage, these periods may be six and nine months, respectively.

23. Prior to conducting an investigation, a Party intending to initiate a compensation investigation into the other Party's imports shall invite the other Party for consultations in order to clarify the situation and make a decision acceptable to both Parties. In addition, throughout the investigation period, the Party whose goods are the subject of the investigation is given a reasonable opportunity to continue consultations in order to clarify the factual circumstances and reach a mutually acceptable solution. Without prejudice to the obligation to provide reasonable opportunities for consultation, the provisions relating to consultations are not intended to prevent the competent authorities of a Party from acting immediately with respect to the initiation of an investigation, the issuance of positive or negative preliminary or final conclusions, or the application of preliminary or final measures in accordance with the provisions of this Agreement. A Party that intends to initiate an investigation or is conducting such an investigation, at the request of the Party whose goods are the subject of such an investigation, provides access to non-confidential information, including a non-confidential summary of confidential data used to initiate or conduct an investigation.

     24. The amount of the anti-dumping duty does not exceed the dumping margin. The rate of the countervailing duty does not exceed the amount of the specific subsidy of the exporting Party, calculated under the conditions of subsidization per unit of subsidized and exported goods.

     25. The period of validity of an anti-dumping or countervailing measure does not exceed five years from the date of application of such measure and lasts for such period and in such amount as is necessary to counteract dumping or subsidizing causing damage. The period of validity of an anti-dumping or countervailing measure includes the period of application of the provisional measure. The period of application of an anti-dumping or countervailing measure may be extended for a period not exceeding five years from the date of the last review covering dumping and damage (for purposes of an anti-dumping investigation) or subsidization and damage (for purposes of a countervailing investigation), or from the date of completion of the review due to the expiration of the measure. A decision to extend the period of validity of anti-dumping or countervailing measures may be taken if, based on the results of a review initiated before the expiration date of the anti-dumping or countervailing measures on the initiative of the competent authority or on the basis of a duly substantiated request from or on behalf of an economic sector submitted within a reasonable period before that date, the competent authorities determine, that the termination of the duty would most likely lead to the continuation or resumption of subsidies (for the purposes of a compensation investigation) or dumping (for the purposes of an anti-dumping investigation) and damages.

     26. The investigating party provides all interested parties with the opportunity to present evidence and present their points of view, including the opportunity to respond to submissions from other interested parties. Upon request, the investigating party provides all interested parties with the opportunity to meet with parties with conflicting interests so that opposing points of view can be presented and refutations offered. The Party conducting the investigation sends a notification to the interested parties indicating the time and place of such meetings, as well as a list of issues that are expected to be discussed during the meetings.

     27. All persons interested in the investigation are notified of the information required by the competent authorities and are given an appropriate opportunity to present in writing all the evidence they consider relevant to the investigation. Taking into account the requirement to protect confidential information, evidence submitted in writing by one interested person is immediately made available to other interested parties involved in the investigation. Immediately after the start of the investigation, the competent authorities submit the full text of the written statement to known exporters and authorities of the exporting Party and, upon request, make it available to other interested parties involved. The requirement to protect confidential information, as provided for in paragraph 28 of this article, shall be duly taken into account.

     28. Any information that is confidential in nature (for example, because its disclosure would provide a significant competitive advantage to a competitor, or because its disclosure would have significant adverse consequences for the person who provided the information or for the person from whom that person received the information), or is submitted by the parties to the investigation on on a confidential basis, if there are sufficient grounds, it is considered by the Parties as such. Such information is not disclosed without the special permission of the person who provides it. The parties conducting investigations require interested parties presenting confidential information to provide non-confidential summaries of it. Such summaries are sufficiently detailed for an acceptable understanding of the essence of the information provided confidentially. In exceptional circumstances, such persons may indicate that such information cannot be summarized. In such exceptional circumstances, the reasons why it is impossible to compile a resume should be stated.

     29. The Party conducting the investigation shall send to all interested parties an official notification of the beginning of the investigation, of any preliminary or final decisions, both positive and negative, of any decisions on the acceptance of price obligations, termination of such obligations and termination of the final anti-dumping duty.

     30. The Party intending to apply an anti-dumping or countervailing measure, before making a final decision, informs all interested parties about the material facts under consideration, which form the basis for the decision to take final measures. Such information disclosure should take place in advance so that individuals can protect their interests.

     31. The public notice of the beginning of the investigation contains relevant information on the following issues:

     a) date of commencement of the investigation;

     b) an accurate description of the goods under investigation and their classification in accordance with the Harmonized Commodity Description and Coding System;

     c) the basis on which the allegation of dumping is based (for the purposes of the anti-dumping investigation) in the application or the description of subsidy practices or practices (for the purposes of the compensation investigation);

     (d) A brief description of the factors on which the damage assumption is based;

     e) deadlines for the submission of evidence by interested parties, for the provision of comments and responses to materials submitted by interested parties;

     (f) The address to which information can be sent from the Party whose goods are being investigated and from its stakeholders;

     g) the name, address and telephone number of the body conducting the investigation.

     32. The Parties shall send to all interested parties a public notification of any preliminary or final conclusions, both positive and negative, by publishing a separate report containing all preliminary and final decisions and conclusions on relevant factual and legal issues.

      33. Public notification of any preliminary conclusions, with due regard to the requirement to protect confidential information, includes, inter alia:

     a) an accurate description of such an object of investigation;

     b) the grounds for a positive conclusion on dumped imports, indicating the margin of dumping and describing the rationale for the methodology used (in the case of an anti-dumping investigation);

     c) the grounds for a positive conclusion on subsidized imports, describing the nature of the subsidy and indicating the calculated amount of subsidy per unit (in the case of a compensation investigation);

     d) the grounds for establishing material damage or its threat to a branch of the economy or a significant slowdown in the development of a branch of the economy;

     e) the grounds for establishing a causal relationship between dumped or subsidized imports and material damage or its threat to an economic sector or a significant slowdown in the development of an economic sector, respectively;

     (f) An indication of the reasons for recognizing that preliminary measures are necessary to prevent damage caused during the investigation.

      34. The official notification of any final conclusions, with due regard to the protection of confidential information, includes, inter alia:

     a) explanations of the final conclusion on the results of the investigation made by the body conducting the investigation;

     (b) A reference to the facts on the basis of which such a conclusion was drawn;

     (c) The information referred to in paragraph 33 of this article;

      d) the reasons for accepting or refuting the arguments and requests of the exporters and importers of the goods under investigation.  

      ______________    

      20 The adjustment for the operations of the production establishment period reflects the costs at the end of the production establishment period or, if this period falls outside the investigation period, the most recent costs that can reasonably be taken into account by the competent authorities during the investigation.

21 Objective criteria and conditions mean criteria that are neutral, do not create advantages for some enterprises over others, are economic in nature and horizontal in application, such as the number of employees or the size of enterprises.

      22 In this regard, information on the frequency of refusals or approvals of subsidy applications and the reasons for the relevant decisions should be taken into account, in particular.

      23 This rule is implemented if there are facts indicating that the grant of a subsidy, while not legally conditional on export results, is actually related to actual or expected exports or export earnings. The mere fact that a subsidy is provided to an enterprise engaged in export cannot in itself serve as a basis for considering it an export subsidy within the meaning of this regulation.

      24 The term "damage", unless otherwise specified, is understood as meaning material damage to an economic sector, a threat of material damage to an economic sector, or a significant slowdown in the creation of such an industry.

      25 For the purposes of this paragraph, producers are considered related to exporters or importers only if (a) one of them directly or indirectly controls the other; or (b) both of them are directly or indirectly controlled by a third party; or (c) together they directly or indirectly control a third party, provided that there is reason to believe or suspect that the effect of this relationship is such that it may cause a given manufacturer to behave differently from unrelated manufacturers. For the purposes of this paragraph, one is considered to control the other if the former is legally or actually able to restrict or direct the latter's actions.    

Article 3.3 Special protective measures    

     1. Each Party applies special protective measures in accordance with its legislation, unless otherwise provided for in this chapter.

     2. A Party has the right to apply a special protective measure to a product only if that Party has determined that such goods are being imported into its territory in such increased quantities, in absolute or relative terms to production, and in such conditions that cause or threaten to cause serious damage to an economic sector producing similar or directly competing goods.

     3. For the purposes of determining the presence or threat of damage, an "economic sector" is understood as a set of producers of similar or directly competing goods operating in the territory of a Party, or producers whose combined production of similar or directly competing goods constitutes a significant part of the total production of these goods.

     4. Special protective measures are applied to imported goods regardless of the exporting country. Despite the provisions of articles 2.7 and 2.3, a special protective measure may take the form of an import quota. If an import quota is used, such a measure should not reduce the number of imports below the level of the previous period, for which the average volume of imports for the last three representative years for which statistics are available is taken, unless there is a clear justification for the need to set a different level to prevent or eliminate serious damage. In cases where the quota is distributed among the supplier countries. A Party applying a special protective measure may try to reach an agreement on the allocation of quota shares with another Party with a significant interest in the supply of this product. In cases where such a method is not feasible for practical reasons, this Party distributes a quota among the Parties having a significant interest in the supply of this product in accordance with the shares occupied by the supplies of this Party in the total quantity or value of imports of the goods in the previous three-year period, taking into account any special factors that could or may affect to trade in this product. In case I.R. Iran intends to apply a special protective measure in the form of an import quota and distribute it among the supplier countries, such an import quota should be calculated and applied individually to each EAEU member state.

     5. Serious damage is understood as a significant general deterioration of the situation in the economic sector. The Parties apply special protective measures only to the extent necessary to prevent or compensate for serious damage. The period of application of a special protective measure does not exceed four years and can be extended.

     6. The period specified in paragraph 5 of this Article may be extended provided that the competent authorities of the importing Party have determined that a special protective measure continues to be necessary to prevent or compensate for serious damage, and that there is evidence of industry adaptation, and provided that the relevant provisions of paragraphs 8-12 of this Article are respected.

     7. The Parties have the right to apply a special protective measure only after an investigation by the competent authority. The investigation includes public notification of all interested parties and provides all interested parties with the opportunity to present evidence and present their points of view, including the opportunity to respond to submissions from other parties. The competent authority publishes a report indicating the results and conclusions on all relevant factual and legal issues.

     8. The Parties shall ensure fair, transparent and effective procedures for special protective investigation.

     9. Each Party shall immediately notify the other Party in the following cases::

     a) launching a special protective investigation;

     b) making a preliminary and/or final conclusion on the issue of serious damage or threat caused by increased imports;

     c) making a decision on the application or extension of a special protective measure.

      10. Information related to the special protective investigation includes, inter alia:

     a) the date of the beginning of the investigation;

     b) an accurate description of the goods under investigation and their classification in accordance with the Harmonized Commodity Description and Coding System;

     (c) The investigation period;

     (d) Explanation of the reasons for the initiation of the investigation;

     e) schedule of public hearings and/or deadlines for requests for hearings;

     f) deadlines for the submission of evidence by interested persons, for the provision of comments and responses to materials submitted by interested persons;

     g) the address to which the application and other documents related to the investigation can be sent;

     (h) The name, address and telephone number of the investigating authority.

      11. A Party intending to apply or extend a protective measure shall provide the other Party with all information relevant to the investigation, which includes, inter alia:

     (a) Evidence of serious damage or threat caused by increased imports;

     b) the exact description of the product;

     (c) An accurate description of the proposed special protection measure;

     (d) The expected date of the measure's introduction;

     (e) The expected duration and timetable for phased liberalization;

     (f) A list of developing countries not covered by the special protection measure (if applicable);

     g) evidence of industry adaptation (in cases of extension of the measure);

     h) the basis for establishing the existence of critical circumstances in which postponement may cause damage that will be difficult to repair (in the case of preliminary special protective measures).

     12. When applying special protective measures, the Parties retain the margin of preferences provided for in this Agreement.

     13. The Parties shall provide opportunities for consultations on the application of special protective measures.

Article 3.4 Bilateral protective measures  

     1. If, as a result of the reduction or cancellation of customs duties in accordance with this Agreement, any product originating from one Party specified in Annex 1 to this Agreement is imported into the territory of the other Party in such increased quantities (in absolute or relative terms to the total volume of production of such goods) and under such conditions that this causes serious damage or creates a threat of causing such damage to an economic sector producing a similar or directly competing product in the importing Party., The importing Party may apply a bilateral protective measure in respect of such goods to the extent necessary to prevent or eliminate serious damage or threat thereof, in accordance with the provisions of this article.

     2. Bilateral protective measures are applied only if there is evidence that increased imports are causing serious damage or pose a threat of causing serious damage.

     3. A Party intending to apply a bilateral protective measure in accordance with this Article shall notify the other Party immediately and in any case prior to the introduction of the measure. The notification must contain all necessary information, including evidence of serious damage or threat of damage caused by increased imports, a detailed description of the product and the proposed measure, as well as the expected date of its introduction, duration of application and, if available, a timetable for its gradual abolition.

4. The Party that may be affected by the measure should be offered compensation in the form of substantially equivalent trade liberalization with respect to imports from such a Party. This Party shall, within 30 days from the date of notification referred to in paragraph 3 of this Article, examine the information provided in order to facilitate a mutually acceptable solution to the issue. In the absence of such a solution, the importing Party may apply a bilateral safeguard measure to resolve the problem and, in the absence of mutually agreed compensation, the Party to whose goods the bilateral safeguard measure is applied may apply a compensatory measure. The other Party is immediately notified of the application of a bilateral protective measure and a compensatory measure. A compensatory measure is usually the suspension of concessions having a substantially equivalent effect on trade and/or the suspension of concessions substantially equivalent to the value of additional duties expected from the application of a bilateral safeguard measure. A compensatory measure shall be applied for the minimum period necessary to achieve a substantially equivalent effect on trade, and in any case only for the duration of the bilateral protective measure adopted in accordance with paragraph 5 of this article. If the conditions specified in paragraph 1 of this Article are fulfilled, the importing Party may apply a bilateral protective measure in the form of an increase in the applicable customs duty rate for the product in question to the level necessary to eliminate damage caused by increased imports of this product, but not exceeding the most-favored-nation rate applied at the time of the introduction of the bilateral protective measure..

     5. The bilateral protective measure is applied for a period not exceeding one year. The period of application of a bilateral protective measure may be extended for no more than one year if there is evidence that this is necessary to eliminate or prevent serious damage or the threat of its infliction and to adapt the economic sector to changing economic conditions. A Party shall not apply a bilateral protective measure against the same product repeatedly for a period equal to the period of validity of the previous bilateral protective measure.

     6. Upon termination of the bilateral protective measure, the customs duty rate is set at the level that would have been in effect on the expiration date of the measure.

     7. Bilateral protective measures are not applied during the first six months of this Agreement.

     8. With respect to bilateral trade, neither Party applies to the same product at the same time.:

     (a) Bilateral protective measures; and

     b) a special protective measure within the meaning of Article 3.3 of this Agreement.

Article 3.5 Application of anti-dumping and countervailing measures  

      For the purposes of conducting anti-dumping and countervailing investigations and subsequent procedures, I.R. Iran considers the EAEU member States individually, and not as the EAEU as a whole, and does not apply anti-dumping and countervailing measures against imports from the EAEU as a whole. I.R. Iran may consider the EAEU as a whole if there are subsidies within the meaning of Article 3.2 this Agreement, which are available at the EAEU level for all EAEU Member States.  

Article 3.6 Notifications    

      1. All official correspondence and documentation exchanged by the Parties in relation to matters to which this chapter applies shall be carried out between the competent authorities of the Parties.    

      2. The Parties will exchange information on the names and contact details of the competent authorities within 30 days from the date of entry into force of this Agreement, and immediately notify each other of any changes regarding the competent authorities.    

Article 3.7 Cooperation  

     The parties strive to strengthen cooperation in the following areas:

     a) Communication channels on internal market protection measures (including investigations);

     (b) Interaction and exchange of information between investigating authorities;

     (c) Legislation and practice in the application of internal market protection measures.

CHAPTER 4 TECHNICAL BARRIERS TO TRADE  

Article 4.1 Objectives  

     The purpose of this chapter is to simplify trade in goods between the Parties by:

     (a) Developing cooperation in the adoption and application of standards, technical regulations and conformity assessment procedures in order to eliminate unnecessary technical barriers to trade;

     (b) Developing a mutual understanding of the standards, technical regulations and conformity assessment procedures of each Party;

     (c) Strengthening information exchange between the Parties in the development, adoption and application of standards, technical regulations and conformity assessment procedures;

     (d) Strengthening cooperation between the Parties in the course of the work of international bodies in the field of standardization and conformity assessment;

     (e) Providing a framework for achieving these objectives; and

     (f) Developing cooperation on issues related to technical barriers to trade.

Article 4.2 Scope of application  

     1. All products listed in Appendix 1 to this Agreement are subject to the provisions of this chapter.

     2. This chapter applies to all standards, technical regulations and conformity assessment procedures of the Parties that may directly or indirectly affect trade in goods between the Parties, with the exception of:

     (a) Specifications prepared by government agencies used for procurement purposes for the production and consumption of government agencies;

     (b) Sanitary and phytosanitary measures as defined in Chapter 5 ("Sanitary and phytosanitary measures") of this Agreement.

     3. All references in this chapter to technical regulations, standards and conformity assessment procedures are interpreted in such a way as to include any changes and any additions to the rules or product coverage, with the exception of minor changes and additions.

     4. In accordance with this chapter, each Party has the right to develop, adopt and apply standards, technical regulations and conformity assessment procedures.

Article 4.3 Definitions    

     1. General terms applied to standardization and conformity assessment procedures usually have the meaning assigned to them by definitions adopted in the United Nations system and international standardization bodies, taking into account their context, as well as the subject and objectives of this chapter.

     2. For the purposes of this chapter, the meaning of the following terms applies:

      a) Technical regulations - a document that establishes the characteristics of products or related processes and production methods, including applicable administrative regulations, compliance with which is mandatory. It may also include or exclusively contain requirements for terminology, designations, packaging, labeling, or labeling to the extent that they apply to a product, process, or manufacturing method.  

      Explanatory note  

     The definition given in ISO/IEC Guideline 2 is not isolated; it is based on the so-called "building block" system.

     b) A standard is a document adopted by a recognized body that contains rules, guidelines or specifications intended for general and repeated use in relation to products or related processes and production methods, compliance with which is not mandatory. It may also include or exclusively contain requirements for terminology, designations, packaging, labeling, and labeling to the extent that they apply to a product, process, or manufacturing method.

      Explanatory note  

     The terms defined in ISO/IEC Guideline 2 refer to products, processes, and services. This chapter applies only to technical regulations, standards, and conformity assessment procedures related to products or processes and production methods. The standards defined in ISO/IEC Guideline 2 may be mandatory or voluntary. For the purposes of this chapter, standards are defined as voluntary, and technical regulations as mandatory documents. Standards developed by international standardization bodies are based on consensus. This chapter also applies to documents that are not based on consensus.

     c) Conformity assessment procedures - any procedure applied directly or indirectly to determine whether the relevant requirements contained in technical regulations or standards are being met.

      Explanatory note

     Conformity assessment procedures include, in particular, sampling, testing and inspection procedures; assessment, verification and confirmation of conformity; registration, accreditation and approval, as well as their combinations.

     d) Central Government Body - the central Government, its ministries and departments, or any body subordinate to the central Government in relation to the activities in question.

Article 4.4 Preparation, adoption and application of technical regulations and conformity assessment procedures    

     1. Each Party shall ensure, with regard to technical regulations, that products imported from the territory of the other Party are treated no less favourably than those provided to similar products of national origin and similar products originating from any other country.

2. Each Party shall ensure that technical regulations are not developed, adopted or applied in such a way as to create or lead to unnecessary obstacles in mutual trade. To this end, technical regulations do not have a more restrictive effect on trade than is necessary to achieve legitimate goals, taking into account the risks that would arise when such goals are not achieved. Such legitimate goals are, inter alia: national security requirements; prevention of deceptive practices; protecting the health or safety of people, the life or health of animals or plants, or protecting the environment. When assessing such risks, factors such as, inter alia, available scientific and technical information, relevant technology, or the intended end-use of the product are taken into account.

     3. Technical regulations should not remain in force if the circumstances or reasons that led to their adoption no longer exist, or if the changed circumstances or reasons allow the use of methods that have a less restrictive effect on trade.

     4. In the event that there is a need for technical regulations, and relevant international standards exist or are being finalized, the Parties shall use them or their respective sections as the basis for their technical regulations, except in cases where such international standards or their respective sections would be ineffective or unsuitable means to achieve their legitimate goals, for example, due to significant climatic or geographical factors or significant technical problems.

     5. Each Party shall ensure that, in cases where direct confirmation of compliance with technical regulations or standards is required, their central government authorities apply the following provisions to products originating from the territory of the other Party:

     5.1. Conformity assessment procedures are developed, adopted and applied in such a way as to provide access to suppliers of similar products originating from the territory of the other Party on terms no less favorable than those provided in a comparable situation to suppliers of similar products of national origin or originating from any other country.; Access includes the supplier's right to conduct a conformity assessment in compliance with the rules of this procedure, including, where applicable, the ability to conduct a conformity assessment on the production site and obtain a conformity assessment system mark.;

      5.2 Conformity assessment procedures are not developed, adopted or applied in such a way as to create or create unnecessary obstacles to mutual trade. This means, inter alia, that conformity assessment procedures are not more stringent and are not applied more strictly than is necessary for the importing Party to obtain sufficient confidence that the products comply with applicable technical regulations or standards, taking into account the risks that would arise from their non-compliance.

     6. In applying the provisions of paragraph 5 of this Article, each Party shall ensure that:

     a. Conformity assessment procedures were carried out and completed as quickly as possible, and for products originating from the territory of the other Party, in no less favorable order than for similar domestic products.;

     b. information on the standard duration of each conformity assessment procedure is published, or that the expected duration is communicated to the applicant upon request; upon receipt of the application, the competent authority promptly examines the completeness of the documentation and clearly and exhaustively informs the applicant of all deficiencies; the competent authority brings the results of the conformity assessment to the attention of the applicant as soon as possible. the applicant, so that, if necessary, a corrective measure can be taken.; even if the application is flawed, the competent authority, at the request of the applicant, carries out, as far as possible, a conformity assessment; and that the applicant, upon request, is informed of the stage of implementation of this procedure, explaining any delay.;

     c. The information requirements were limited to the minimum required to assess compliance and determine the amount of payment;

     d. The confidentiality of information about products originating in the territory of the other Party that is identified or provided in connection with such conformity assessment procedures has been respected in the same way as for domestic products and in such a way as to ensure the protection of legitimate commercial interests.;

     e. any payments and fees related to conformity assessment of products originating from the territory of the other Party were equal to any payments and fees charged for conformity assessment of similar products of domestic origin or originating from any other country, taking into account the costs of communication, transportation and other costs due to differences in the location of the applicant's production site and the conformity assessment body;

     f. The placement of objects used in conformity assessment procedures and the sampling procedure did not create unnecessary inconvenience for applicants or their representatives;

     g. Whenever, after determining the conformity of a product with applicable technical regulations or standards, changes are made to its characteristics, the conformity assessment procedure for modified products has been limited to what is necessary to obtain sufficient confidence that the product still meets the relevant technical regulations or standards.;

     h. there was a procedure for reviewing claims related to the implementation of the conformity assessment procedure and taking corrective action if the claim is substantiated.

     7. Nothing in paragraphs 5 and 6 of this Article prevents the Parties from conducting reasonable on-site inspections within their territories.

      8. In cases where an affirmative confirmation is required that products comply with technical regulations or standards, and relevant guidelines or recommendations issued by international standardization bodies exist, or their development is being finalized. The Parties shall ensure that central government authorities use them or their respective sections as the basis for their conformity assessment procedures, except in cases, properly explained upon request, when such guidelines and recommendations or their respective sections are unsuitable for the Parties, inter alia, for reasons such as national security requirements; prevention of deceptive practices; protection of human health or safety, animal or plant life or health, or environmental protection; significant climatic or other geographical factors; significant technical or infrastructural problems.

Article 4.5 Recognition of conformity assessment  

     1. Without prejudice to the provisions of paragraphs 3 and 4 of this Article, each Party shall, to the extent possible, ensure that the results of the conformity assessment procedures of the other Party are recognized, even when such procedures differ from their own, provided that they ensure that these procedures provide the same confidence in compliance with applicable technical regulations or standards as their own procedures. It is recognized that prior consultations may be required in order to reach a mutually acceptable agreement, in particular regarding:

     (a) The adequate and authoritative technical competence of the relevant conformity assessment authorities in the exporting Party, so that there is confidence in the continued reliability of their conformity assessment results; in this regard, compliance with the guidelines or recommendations in this field issued by international standardization bodies, confirmed, for example, by accreditation, is considered evidence of sufficient technical competence;

     (b) The limited recognition of conformity assessment results only by those results obtained by certain authorities in the exporting Party.

     2. The Parties shall ensure that their conformity assessment procedures enable, to the extent feasible, the implementation of the provisions of paragraph 1 of this article.

     3. A Party is recommended to consider favourably the requests of the other Party for negotiations with a view to concluding agreements on mutual recognition of the results of each other's conformity assessment procedures. The Parties may require that such agreements meet the criteria of paragraph 1 of this article and lead to mutual satisfaction in terms of their opportunities to facilitate trade in the relevant products.

     4. It is recommended that each Party allow conformity assessment bodies located in the territory of the other Party to participate in their conformity assessment procedures on terms no less favorable than those provided to bodies located within their territories or on the territory of any third country.

Article 4.5 bis Transparency  

     1. The Parties recognize the importance of transparency in the development, adoption and application of standards, technical regulations and conformity assessment procedures.

(a) The adequate and authoritative technical competence of the relevant conformity assessment authorities in the exporting Party, so that there is confidence in the continued reliability of their conformity assessment results; in this regard, compliance with the guidelines or recommendations in this field issued by international standardization bodies, confirmed, for example, by accreditation, is considered evidence of sufficient technical competence;

     (b) The limited recognition of conformity assessment results only by those results obtained by certain authorities in the exporting Party.

     2. The Parties shall ensure that their conformity assessment procedures enable, to the extent feasible, the implementation of the provisions of paragraph 1 of this article.

     3. A Party is recommended to consider favourably the requests of the other Party for negotiations with a view to concluding agreements on mutual recognition of the results of each other's conformity assessment procedures. The Parties may require that such agreements meet the criteria of paragraph 1 of this article and lead to mutual satisfaction in terms of their opportunities to facilitate trade in the relevant products.

     4. It is recommended that each Party allow conformity assessment bodies located in the territory of the other Party to participate in their conformity assessment procedures on terms no less favorable than those provided to bodies located within their territories or on the territory of any third country.

Article 4.5 bis Transparency  

     1. The Parties recognize the importance of transparency in the development, adoption and application of standards, technical regulations and conformity assessment procedures.

     2. Each Party developing, adopting or applying technical regulations that may have a significant impact on the trade of the other Party, at the request of the other Party, explains the need for such technical regulations in terms of the provisions of paragraphs 2-4 of Article 4.4. When technical regulations are developed, adopted or applied to achieve one of the legitimate objectives explicitly specified in paragraph 2 article 4.4, and complies with international standards in this area, it is assumed that it does not create unnecessary obstacles to mutual trade.

     3. Whenever possible, the Parties shall adopt technical regulations based primarily on the requirements for the characteristics of the product, rather than on the requirements for its design or description.

     4. In cases where there is no relevant international standard, or the technical content of the technical regulations being developed does not correspond to the technical content of the relevant international standards, and if the technical regulations may have a significant impact on the mutual trade of the other Party, each Party:

     (a) Publish, at an appropriate early stage, a notice in the press of the proposed introduction of specific technical regulations in order to enable interested parties of the other Party to familiarize themselves with them.;

     b) notify the other Party through the contact points about the products covered by the technical regulations being developed, accompanying the notification with a brief indication of the purpose and justification of the technical regulations being developed. Such notices are published at an appropriate early stage, when amendments can still be made and comments taken into account.;

     c) upon request, provide the other Party with detailed descriptions or texts of the technical regulations being developed and, if possible, indicate sections that differ significantly from the relevant international standards.;

     (d) Without discrimination, provide the other Party with 60 days after the publication of the notification provided for in subparagraph (a) for them to prepare comments in writing, discuss these comments upon request and take into account these written comments, as well as the results of these discussions.

     5. In cases where there is no relevant guidance or recommendation from the international standardization body, or the technical content of the conformity assessment procedure being developed is inconsistent with the relevant guidelines and recommendations issued by international standardization bodies, and if this conformity assessment procedure may have a significant impact on the trade of the other Party, each Party:

     (a) Publish, at an appropriate early stage, a press notice of the proposed introduction of a specific conformity assessment procedure in order to enable interested parties of the other Party to familiarize themselves with it;

     b) notify the other Party through the contact points about the products to which the developed conformity assessment procedure is applied, accompanying the notification with a brief indication of its purpose and justification. Such notices are published at an appropriate early stage, when amendments can still be made and comments taken into account.;

     c) upon request, provide the other Party with detailed descriptions or texts of the procedure being developed and, if possible, indicate sections that deviate significantly from the relevant guidelines or recommendations issued by international standardization bodies.;

     (d) Without discrimination, provide the other Party with 60 days after the publication of the notification provided for in subparagraph (a) for them to prepare written comments, discuss these comments upon request, and take into account these written comments and the results of these discussions.

     6. Subject to the provisions of paragraphs 4-5 of this Article, a Party may, if deemed necessary, not resort to the actions listed in paragraphs 4-5 of this Article, provided that the Party, after the adoption of technical regulations and/or conformity assessment procedures:

     a) through the contact points, immediately notify the other Party of a specific technical regulation and/or conformity assessment procedure and the products to which it applies, accompanying the notification with a brief indication of the purpose and reason for the introduction of the technical regulation and/or conformity assessment procedure, including a statement of the essence of urgent problems;

     b) upon request, provides the other Party with copies of the texts of the technical regulations and/or the conformity assessment procedure.;

     c) without discrimination, provides the other Party with the opportunity to submit its comments in writing, discusses these comments upon request and takes into account these written comments, as well as the results of these discussions.

     7. Each Party shall ensure that all adopted technical regulations and/or conformity assessment procedures are promptly published or otherwise made available in order to enable interested parties of the other Party to familiarize themselves with them.

     8. Except in urgent circumstances. The Parties shall provide at least 180 days between the publication of the technical regulations and their entry into force in order to give the producers of the exporting Party time to adapt their products or production methods to the requirements of the importing Party.

     9. Except in urgent circumstances, the Parties shall provide for a reasonable period of time between the publication of requirements concerning conformity assessment procedures and their entry into force in order to allow time for the producers of the exporting Party to adapt their products or production methods to the requirements of the importing Party.

     10. Each Party shall notify the other Party of the mandatory requirements for imported products listed in Annex 1 to this Agreement within 90 days from the date of entry into force of this Agreement.

     11. The Parties strive to exchange information in English to the greatest extent possible. Basic laws and regulations or brief information on them should be provided on request in English.

Article 4.6 Consultations  

     1. In cases where the day-to-day application of standards, technical regulations or conformity assessment procedures affects trade between the Parties, the Party may request consultations to resolve this issue. A request for consultations should be sent to the contact point of the other Party established in accordance with Article 4.8 of this Chapter.

     2. Each Party shall make every effort to promptly and positively consider any request from the other Party for consultations on matters related to the implementation of this chapter.

      3. In cases where the issue related to this chapter cannot be clarified or resolved through consultations. The Parties may establish an ad hoc working group to work out an acceptable and practical solution that will simplify trade. The working group includes representatives of the Parties.

     4. If a Party rejects the other Party's request to establish a working group, it shall, upon request, explain the reasons for its decision.

Article 4.7 Cooperation  

     1. In order to ensure that standards, technical regulations and conformity assessment procedures do not create unnecessary obstacles in the trade of goods between the Parties, the Parties, whenever possible, cooperate in the field of standards, technical regulations and conformity assessment procedures.

     2. Cooperation under paragraph 1 of this article may include:

     (a) Holding joint seminars to improve mutual understanding of the standards, technical regulations and conformity assessment procedures of each Party;

     b) exchange of officials of the Parties for the purpose of professional development;

     (c) Exchange of information on standards, technical regulations and conformity assessment procedures;

(d) To support the cooperation of the authorities responsible for standards, technical regulations and conformity assessment procedures in each Party on issues of mutual interest;

     e) ensuring scientific and technical cooperation in order to improve the quality of technical regulations.

     3. The implementation of paragraph 2 of this Article depends on the availability of allocated funds, relevant legislation and regulations of each of the Parties.

      4. Cooperation in the field of technical barriers to trade can be carried out, inter alia, through dialogue through appropriate channels, joint projects and technical support.

     5. The Parties may carry out joint projects, technical support and cooperation on standards, technical regulations and conformity assessment procedures in certain areas by mutual agreement.

     6. The Parties agreed to exchange views on issues related to technical barriers to trade related to market surveillance and law enforcement practices in this area regarding technical barriers to trade.

     7. Upon request, the Party shall pay due attention to proposals for cooperation under this chapter submitted by the other Party.

      8. In order to facilitate the development of cooperation under this chapter, the Parties may enter into ad hoc arrangements on the issues covered by it.

Article 4.8 Competent authorities and contact points    

     1. The Parties shall designate competent authorities and contact points, as well as exchange information containing the names of designated competent authorities and contact points, as well as contact details of relevant officials in these competent authorities and contact points, including telephone, fax, e-mail and other data.

     2. The Parties shall immediately notify each other of any changes related to the competent authorities or contact points, as well as changes in information about the relevant officials.

     3. The functions of the contact point include:

     (a) Facilitating the exchange of information between the Parties on standards, technical regulations and conformity assessment procedures in response to all reasonable requests for such information from the other Party; and

     b) transmission of requests from the other Party to the relevant regulatory authorities.

     4. The functions of the competent authorities include:

     (a) Monitoring the implementation of this chapter;

     (b) Facilitating cooperation, as appropriate, in accordance with Article 4.7 of this Agreement;

      c) prompt consideration of any issue of the other Party related to the development, adoption, application and enforcement of standards, technical regulations and conformity assessment procedures;  

      (d) To facilitate, at the request of a Party, consultations on any issues arising under this chapter;  

      (e) Performing any other actions that, in the view of the Parties, will assist them in the implementation of this chapter; and  

      (f) Performing such other functions as may be delegated by the Joint Committee.  

CHAPTER 5 SANITARY AND PHYTOSANITARY MEASURES  

Article 5.1 Purpose  

     The purpose of this chapter is to protect the life or health of people, animals or plants in the territories of the Parties simultaneously with:

     a) search for solutions to controversial issues related to sanitary and phytosanitary measures;

     (b) Strengthening cooperation between the Parties and their competent authorities, including in the development and application of sanitary and phytosanitary measures;

     (c) Facilitating information exchange in the field of sanitary and phytosanitary measures and increasing knowledge and understanding of each Party's regulatory systems.

Article 5.2 Definitions 26    

      1. For the purposes of this chapter:  

      a) A sanitary or phytosanitary measure is any measure applied:  

      i. to protect the life or health of animals or plants in the territory of the Party from the risks arising from the penetration, rooting or spread of pests, diseases, harmful organisms-vectors of diseases or pathogens;  

     ii. to protect the life or health of people or animals in the territory of the Party from the risks arising from additives, pollutants, toxins or pathogens in food, beverages or feed;

      iii. to protect human life or health in the territory of the Party from risks arising from diseases transmitted by animals, plants or products from them, or in connection with the penetration, rooting or spread of pests; or  

     iv. to prevent or limit other damage in the territory of the Party caused by the penetration, rooting or spread of pests;

      (b) Sanitary and phytosanitary measures include all relevant laws, regulations, regulations, rules, requirements and procedures, including, inter alia, requirements for end products; processing and production methods; testing, inspection, certification and approval procedures; quarantine treatment methods, including relevant requirements related to the transport of animals or plants; or with materials necessary to maintain their vital functions during transportation; provisions for appropriate statistical methods, sampling procedures and risk assessment methods; as well as packaging and labeling requirements directly related to food safety;

     (c) A pest or disease-free zone is a zone comprising the entire territory of a Party, part of the territory of a Party, or parts or all of the territory of several Parties, as defined by the competent authorities, in which a particular pest or disease does not occur.;

     (d) A pest or disease-free zone may surround, be surrounded by, or be adjacent to a zone, both within a part of the territory of a Party and a geographical region that includes parts or all of the territory of both Parties, in which the presence of a specific pest or disease has been identified, but in which local control measures such as Establishing protection, surveillance, and buffer zones that will limit or eradicate the pest or disease in question.;

     e) a zone with a low spread of pests or diseases is an area of the entire Party, or part of the Party, or the entire territory or parts of both Parties, as defined by the competent authorities, in which the prevalence of specific pests or diseases is low and in which effective monitoring, control or eradication measures are being implemented.;

     f) Sanitary and phytosanitary regulations are sanitary and phytosanitary measures such as generally applicable laws, regulations or orders;

      g) the relevant definitions developed by international organizations: the Codex Alimentarius Commission, the World Organization for Animal Health (OIE) and international and regional organizations operating under the International Plant Protection Convention (IPPC) are applied mutatis mutandis in the implementation of this chapter.  

      2. International standards, guidelines, and recommendations include the following:  

      a) with regard to food safety - standards, guidelines and recommendations established by the Codex Alimentarius Commission related to food additives, veterinary drugs and pesticide residues, pollutants, methods of analysis and sampling, as well as rules and guidelines for hygiene standards;  

      (b) In relation to animal health and animal-transmitted diseases, standards, guidelines and recommendations developed under the auspices of the OIE;  

      (c) In relation to plant health, international standards, guidelines and recommendations developed under the auspices of the IPPC in cooperation with regional organizations operating within the framework of the IPPC; and  

     (d) In relation to matters not covered by the above-mentioned organizations, relevant standards, guidelines and recommendations issued by other relevant international organizations that are open to participation by all Parties.

     3. A risk assessment is an assessment of the likelihood of entry, rooting, or spread of a pest or disease in the territory of the importing Party in accordance with sanitary or phytosanitary measures that could be applied, and the associated potential biological and economic consequences; or an assessment of the possibility of adverse effects on human or animal health resulting from the presence of additives, pollutants,, toxins or pathogens in food, beverages or feed.

     4. An appropriate level of sanitary or phytosanitary protection is the level of protection that is considered appropriate by a Party introducing a sanitary or phytosanitary measure to protect the life or health of people, animals or plants within its territory. In other cases, the Parties refer to this concept as an "acceptable level of risk."

      _____________________    

      26For the purposes of these definitions, "animal" includes fish and wild fauna; "plant" includes forests and wild flora; "pests" include weeds; and "pollutants" include pesticides, veterinary drug residues, and foreign substances.    

Article 5.3 Scope of application    

      This chapter applies to sanitary and phytosanitary measures of the Parties that may directly or indirectly affect trade between the Parties in respect of products listed in Annex 1 to this Agreement.  

Article 5.4 General provisions  

     1. The Parties have the right to introduce sanitary and phytosanitary measures necessary to protect the life or health of humans, animals or plants, provided that such measures do not contradict the provisions of this chapter.

     2. The Parties shall ensure that:

(a) Any sanitary or phytosanitary measure has been applied only to the extent necessary to protect the life or health of humans, animals or plants, and has been based on scientific principles and has not remained in force without sufficient scientific justification, taking into account the availability of relevant scientific data and taking into account regional conditions;

     (b) Any sanitary or phytosanitary measure is based on an appropriate assessment of risks to human, animal or plant life or health, taking into account risk assessment methods developed by relevant international organizations;

     (c) In cases where the relevant scientific justification is insufficient, the Parties concerned may temporarily introduce emergency sanitary or phytosanitary measures based on appropriate information available, including information received from relevant international organizations, as well as information on sanitary and phytosanitary measures applied by other Parties. In such circumstances, the Parties should seek to obtain additional information necessary for a more objective assessment of the risks and, accordingly, review the sanitary or phytosanitary measure within a reasonable period of time.;

     (d) Their sanitary and phytosanitary measures did not serve as a means of arbitrary or unjustified discrimination between the Parties if identical or similar conditions prevail in them, including between their own territory and that of the other Party.

      3. Nothing in this Chapter affects the rights of the Parties in accordance with Chapter 4 ("Technical barriers to trade") with respect to measures outside the scope of this chapter.  

Article 5.5 Equivalence    

      1. The importing Party shall recognize the sanitary or phytosanitary measures of the exporting Party as equivalent, even if these measures differ from its own or from those used by third countries trading the same products, if the exporting Party objectively demonstrates to the importing Party that its measures achieve the appropriate level of sanitary or phytosanitary protection of the importing Party. To this end, reasonable access should be provided to the importing Party upon request for inspection, testing and other appropriate procedures.  

      2. Upon request, the Parties should consult with a view to reaching bilateral agreements on the recognition of equivalence of specific sanitary or phytosanitary measures.  

Article 5.6 Transparency  

     1. The Parties recognize the importance of transparency in the application of sanitary and phytosanitary measures, including, but not limited to, through the timely exchange of information on their respective sanitary and phytosanitary measures.

     2. The Parties shall ensure that the adopted sanitary and phytosanitary regulations are published on the websites of the competent authorities of the Parties in such a way that interested Parties have the opportunity to familiarize themselves with them.

     3. Each Party shall ensure the presence of one contact point in each Member State of the EAEU, the Eurasian Economic Commission and the Islamic Republic of Iran, which is responsible for providing answers to all reasonable questions from interested Parties, as well as relevant documents related to:

     (a) Any sanitary or phytosanitary regulations adopted or being developed within its territory;

     (b) Any control and inspection procedures, production and quarantine regulations, and procedures for the approval of acceptable levels of pesticides and food additives that operate within its territory;

     (c) Risk assessment procedures, the factors involved, as well as determining the appropriate level of sanitary or phytosanitary protection;

     d) membership and participation of the Party or relevant bodies located within its territory in international and regional sanitary and phytosanitary organizations and systems, as well as bilateral and multilateral agreements and arrangements within the scope of this Agreement, and the texts of such agreements and arrangements.

     4. The Parties shall ensure that in cases where the interested Party requests the texts of documents, they are provided at the same price (if they are provided on a reimbursable basis) as for the persons of the 27th Party, without taking into account the cost of shipment.

     5. In the event that there are no international standards, guidelines or recommendations, or the content of a sanitary or phytosanitary measure being developed differs significantly from the content of an international standard, guideline or recommendation, and if this measure may have a significant impact on the trade of the other Party or Parties, the Party:

     a) provides the other Party with notification of such measure through the contact points;

     b) upon request, provides the other Party with information or texts of the document being developed and, if possible, indicates those parts that differ significantly from international standards, guidelines or recommendations.;

     (c) Without discrimination, provide the other Party with reasonable time to prepare written comments, discuss these comments upon request, and take into account the comments and the results of the discussions.

     6. Except in exceptional circumstances, the Parties shall provide a reasonable period of time between the publication of a sanitary or phytosanitary measure and its entry into force, so that producers of the exporting Party can adapt to the requirements of the importing Party.

     7. However, in cases where a Party faces or may face urgent health protection problems, that Party may, at its discretion, not carry out the procedures listed in paragraph 6 of this Article, provided that that Party:

     a) immediately notify the other Party through the contact points of the specific measure and products covered by it, accompanying the notification with a brief indication of the purpose and reason for the introduction of the measure, including the essence of the urgent problem(s);

     b) provide copies of the rule or regulation to other Parties upon request.;

     (c) Allow other Parties to submit comments in writing, discuss these comments upon request, and take into account the outcome of the discussions.

     8. The Parties shall provide each other with information on sanitary and phytosanitary measures in force or coming into force within 90 days from the date of entry into force of this Agreement.

     9. The Parties strive to exchange information in English.

      10. The main laws and regulations or their summaries are provided on request in English.  

      _________________________  

      27When the term "persons" is used in this Agreement in relation to a separate customs territory, it means persons, individuals or legal entities, who permanently reside or own an existing and operating industrial or commercial enterprise in this customs territory.  

Article 5.7 Adaptation to regional conditions  

      1. The Parties recognize the concept of adaptation to regional conditions, including pest- or disease-free zones and areas with low pest or disease prevalence as an important means of trade facilitation.  

      2. When determining such zones, the Parties consider such factors as information from the Parties confirming the status of pest- or disease-free zones and areas with a low spread of pests or diseases, audit results, inspection results, information provided by the OIE and the IPPC, and other factors.  

     3. An exporting Party claiming that zones within its territory are pest- or disease-free zones or areas with a low prevalence of pests or diseases shall provide the necessary confirmation of this in order to objectively demonstrate to the importing Party that such zones are indeed pest- or disease-free zones or areas with They have a low prevalence of pests or diseases, respectively, and are likely to retain this status. To this end, the importing member is provided, upon request, with reasonable access to carry out inspections, tests and other relevant procedures.

Article 5.8 Audit and inspections  

     1. Each Party may conduct an audit and/or inspection in order to ensure the safety of products (goods).

     2. The parties agree to expand further cooperation in the field of audit and inspection.

     3. When conducting an audit and/or inspection, each Party shall take into account relevant international standards and recommendations.

     4. The Party conducting the audit or inspection provides the audited Party with an opportunity to comment on the results of the audit and/or inspection.

     5. The expenses incurred by the Party conducting the audit or inspection shall be borne by the Party conducting the audit or inspection, unless otherwise agreed by the Parties.

Article 5.9 Documents confirming safety  

     1. The importing Party shall ensure that the requirements for documents confirming the safety of products (goods) traded between the Parties are applied only to the extent necessary to protect the health or life of people, animals or plants.

     2. The Parties shall take into account relevant international standards and recommendations when developing documents confirming the safety of products (goods), as appropriate.

      3. The Parties may agree on the development of bilateral documents to confirm the safety of certain products (goods) or groups of products (goods) traded between the Parties.  

      4. In order to simplify trade, the Parties shall promote the use of electronic technologies in documents confirming the safety of products (goods).  

(a) Any sanitary or phytosanitary measure has been applied only to the extent necessary to protect the life or health of humans, animals or plants, and has been based on scientific principles and has not remained in force without sufficient scientific justification, taking into account the availability of relevant scientific data and taking into account regional conditions;

     (b) Any sanitary or phytosanitary measure is based on an appropriate assessment of risks to human, animal or plant life or health, taking into account risk assessment methods developed by relevant international organizations;

     (c) In cases where the relevant scientific justification is insufficient, the Parties concerned may temporarily introduce emergency sanitary or phytosanitary measures based on appropriate information available, including information received from relevant international organizations, as well as information on sanitary and phytosanitary measures applied by other Parties. In such circumstances, the Parties should seek to obtain additional information necessary for a more objective assessment of the risks and, accordingly, review the sanitary or phytosanitary measure within a reasonable period of time.;

     (d) Their sanitary and phytosanitary measures did not serve as a means of arbitrary or unjustified discrimination between the Parties if identical or similar conditions prevail in them, including between their own territory and that of the other Party.

      3. Nothing in this Chapter affects the rights of the Parties in accordance with Chapter 4 ("Technical barriers to trade") with respect to measures outside the scope of this chapter.  

Article 5.5 Equivalence    

      1. The importing Party shall recognize the sanitary or phytosanitary measures of the exporting Party as equivalent, even if these measures differ from its own or from those used by third countries trading the same products, if the exporting Party objectively demonstrates to the importing Party that its measures achieve the appropriate level of sanitary or phytosanitary protection of the importing Party. To this end, reasonable access should be provided to the importing Party upon request for inspection, testing and other appropriate procedures.  

      2. Upon request, the Parties should consult with a view to reaching bilateral agreements on the recognition of equivalence of specific sanitary or phytosanitary measures.  

Article 5.6 Transparency  

     1. The Parties recognize the importance of transparency in the application of sanitary and phytosanitary measures, including, but not limited to, through the timely exchange of information on their respective sanitary and phytosanitary measures.

     2. The Parties shall ensure that the adopted sanitary and phytosanitary regulations are published on the websites of the competent authorities of the Parties in such a way that interested Parties have the opportunity to familiarize themselves with them.

     3. Each Party shall ensure the presence of one contact point in each Member State of the EAEU, the Eurasian Economic Commission and the Islamic Republic of Iran, which is responsible for providing answers to all reasonable questions from interested Parties, as well as relevant documents related to:

     (a) Any sanitary or phytosanitary regulations adopted or being developed within its territory;

     (b) Any control and inspection procedures, production and quarantine regulations, and procedures for the approval of acceptable levels of pesticides and food additives that operate within its territory;

     (c) Risk assessment procedures, the factors involved, as well as determining the appropriate level of sanitary or phytosanitary protection;

     d) membership and participation of the Party or relevant bodies located within its territory in international and regional sanitary and phytosanitary organizations and systems, as well as bilateral and multilateral agreements and arrangements within the scope of this Agreement, and the texts of such agreements and arrangements.

     4. The Parties shall ensure that in cases where the interested Party requests the texts of documents, they are provided at the same price (if they are provided on a reimbursable basis) as for the persons of the 27th Party, without taking into account the cost of shipment.

     5. In the event that there are no international standards, guidelines or recommendations, or the content of a sanitary or phytosanitary measure being developed differs significantly from the content of an international standard, guideline or recommendation, and if this measure may have a significant impact on the trade of the other Party or Parties, the Party:

     a) provides the other Party with notification of such measure through the contact points;

     b) upon request, provides the other Party with information or texts of the document being developed and, if possible, indicates those parts that differ significantly from international standards, guidelines or recommendations.;

     (c) Without discrimination, provide the other Party with reasonable time to prepare written comments, discuss these comments upon request, and take into account the comments and the results of the discussions.

     6. Except in exceptional circumstances, the Parties shall provide a reasonable period of time between the publication of a sanitary or phytosanitary measure and its entry into force, so that producers of the exporting Party can adapt to the requirements of the importing Party.

     7. However, in cases where a Party faces or may face urgent health protection problems, that Party may, at its discretion, not carry out the procedures listed in paragraph 6 of this Article, provided that that Party:

     a) immediately notify the other Party through the contact points of the specific measure and products covered by it, accompanying the notification with a brief indication of the purpose and reason for the introduction of the measure, including the essence of the urgent problem(s);

     b) provide copies of the rule or regulation to other Parties upon request.;

     (c) Allow other Parties to submit comments in writing, discuss these comments upon request, and take into account the outcome of the discussions.

     8. The Parties shall provide each other with information on sanitary and phytosanitary measures in force or coming into force within 90 days from the date of entry into force of this Agreement.

     9. The Parties strive to exchange information in English.

      10. The main laws and regulations or their summaries are provided on request in English.  

      _________________________  

      27When the term "persons" is used in this Agreement in relation to a separate customs territory, it means persons, individuals or legal entities, who permanently reside or own an existing and operating industrial or commercial enterprise in this customs territory.  

Article 5.7 Adaptation to regional conditions  

      1. The Parties recognize the concept of adaptation to regional conditions, including pest- or disease-free zones and areas with low pest or disease prevalence as an important means of trade facilitation.  

      2. When determining such zones, the Parties consider such factors as information from the Parties confirming the status of pest- or disease-free zones and areas with a low spread of pests or diseases, audit results, inspection results, information provided by the OIE and the IPPC, and other factors.  

     3. An exporting Party claiming that zones within its territory are pest- or disease-free zones or areas with a low prevalence of pests or diseases shall provide the necessary confirmation of this in order to objectively demonstrate to the importing Party that such zones are indeed pest- or disease-free zones or areas with They have a low prevalence of pests or diseases, respectively, and are likely to retain this status. To this end, the importing member is provided, upon request, with reasonable access to carry out inspections, tests and other relevant procedures.

Article 5.8 Audit and inspections  

     1. Each Party may conduct an audit and/or inspection in order to ensure the safety of products (goods).

     2. The parties agree to expand further cooperation in the field of audit and inspection.

     3. When conducting an audit and/or inspection, each Party shall take into account relevant international standards and recommendations.

     4. The Party conducting the audit or inspection provides the audited Party with an opportunity to comment on the results of the audit and/or inspection.

     5. The expenses incurred by the Party conducting the audit or inspection shall be borne by the Party conducting the audit or inspection, unless otherwise agreed by the Parties.

Article 5.9 Documents confirming safety  

     1. The importing Party shall ensure that the requirements for documents confirming the safety of products (goods) traded between the Parties are applied only to the extent necessary to protect the health or life of people, animals or plants.

     2. The Parties shall take into account relevant international standards and recommendations when developing documents confirming the safety of products (goods), as appropriate.

      3. The Parties may agree on the development of bilateral documents to confirm the safety of certain products (goods) or groups of products (goods) traded between the Parties.  

      4. In order to simplify trade, the Parties shall promote the use of electronic technologies in documents confirming the safety of products (goods).  

Article 5.10 Temporary emergency measures  

     1. If a Party introduces temporary emergency measures necessary to protect the life or health of humans, animals or plants, in accordance with paragraph 2.c of Article 5.4 of this Agreement, such Party shall notify the other Party of such measures as soon as possible. The Party that introduced the emergency measures shall take into account the relevant information provided by the other Party.

     2. At the request of either Party, consultations of the relevant competent authorities on emergency measures are held as soon as possible, unless otherwise agreed by the Parties.

Article 5.11 Contact points and information exchange  

      1. The Parties shall notify each other of the contact points for sending information in accordance with this chapter, as well as the authorized competent authorities responsible for matters related to this chapter and the distribution of responsibilities between them.  

      2. The Parties shall inform each other of any changes to the contact points and significant changes in the structure or competence of their competent authorities.  

      3. The Parties, through their contact points, promptly send each other a written notification regarding:  

      (a) Any significant food safety issues or changes related to animal or plant health, or the incidence or spread of pests in their territories that affect trade between the Parties; and  

      (b) Any changes in legislation or other sanitary or phytosanitary measures.  

     4. The Parties shall inform each other through contact points about systematic or significant cases of non-compliance with sanitary and phytosanitary measures, as well as exchange relevant documents confirming such non-compliance.

Article 5.12 Cooperation  

     1. The Parties agree to cooperate in order to simplify the implementation of this chapter.

     2. The Parties shall explore opportunities for expanding cooperation, interaction and information exchange on issues of sanitary and phytosanitary measures of mutual interest, in accordance with the provisions of this chapter. Such opportunities may include trade facilitation initiatives and technical support.

      3. In order to develop cooperation under this chapter, the Parties may conclude ad hoc agreements on sanitary and phytosanitary measures.

Article 5.13 Consultations  

     1. If a Party considers that a sanitary or phytosanitary measure affects its trade with another Party, it may request consultations through appropriate contact points in order to resolve the problem.

     2. The Party should consider holding consultations in the context of this chapter at the request of the other Party in order to resolve issues arising under this chapter.

      3. If either Party considers that such a problem cannot be resolved through consultations in accordance with this Article, that Party has the right to seek a resolution of the problem through a dispute resolution mechanism in accordance with Chapter 8 ("Dispute resolution") of this Agreement.  

CHAPTER 6 RULES FOR DETERMINING ORIGIN  

SECTION I  

GENERAL PROVISIONS  

Article 6.1 Scope of application  

      The rules for determining origin provided for in this chapter are applied for the purposes of granting preferential tariff treatment in accordance with this Agreement.  

Article 6.2 Definitions  

     For the purposes of this chapter:

     a) "aquaculture" means the breeding of aquatic organisms, including fish, shellfish, crustaceans, other aquatic invertebrates and aquatic plants, from raw materials such as eggs, fry, fingerlings and larvae, by influencing the processes of development and growth in order to increase production, for example, through regular stocking, feeding or protection from predators;

     b) "authorized body" means the competent authority authorized by a Party to issue certificates of origin for the purposes of this Agreement.;

     c) "CIF delivery cost" - the cost of goods upon import, including the cost of transportation and insurance to the port or place of import into the importing country, in accordance with the applicable International Rules for the Interpretation of Trade Terms ("Incoterms"), with the exception of domestic taxes that could be reimbursed upon export of these goods;

     d) "consignment" means goods that are simultaneously shipped using one or more transport documents from the exporter to the recipient, as well as those sent using a single postal consignment note or transported as baggage by a person crossing the border;

     e) "exporter" means a person registered in the territory of the Party from which the goods are exported by that person;

     f) "EXW cost of delivery" means the cost of goods payable to the manufacturer in the Party in whose territory they were last processed or processed, in accordance with the applicable International Rules for the Interpretation of Trade Terms ("Incoterms"), with the exception of domestic taxes that may be reimbursed upon export of these goods.;

     (g) "Importer" means a person registered in the territory of the Party to which the goods are imported by that person;

     h) "material" means any substance or substance, including an ingredient, raw material, component or part, used or consumed in the production of goods, physically incorporated into goods or processed in the production of other goods;

     (i) "Non-originating goods" or "non-originating materials" - goods or materials that do not meet the criteria of origin defined in this chapter;

     (j) "Originating goods" or "originating materials" - goods or materials that meet the criteria of origin defined in this chapter;

     k) "manufacturer" means a person who manufactures goods on the territory of a Party;

     (l) "Production" means methods of obtaining goods, including the cultivation, extraction, harvesting, breeding, extraction, harvesting, trapping, fishing and hunting, processing, processing or assembly of such goods;

     (m) "Verification authority" means the competent State authority authorized by a Party to carry out verification procedures.

Article 6.3 Criteria of origin  

     For the purposes of this Chapter, goods are considered to originate from a Party if they:

     (a) Are fully obtained or produced in such a Party in accordance with Article 6.4 of this Agreement; or

     (b) Produced entirely in one or both Parties solely from materials originating from those Parties; or

     c) produced outside using non-originating materials, provided that the share of value added is at least 50% of the value of the goods on EXW delivery terms, except in cases where special criteria of origin are established for such goods in accordance with Annex 2 to this Agreement.

Article 6.4 Fully received or manufactured goods  

     For the purposes of Article 6.3 of this Agreement, the following goods are considered to be fully received or produced by the Party:

     a) plants and products of plant origin, including fruits, berries, flowers, vegetables, trees, algae, fungi and live plants grown or harvested in the territory of the Party;

     b) live animals born and raised in the territory of the Party;

     c) products obtained from live animals in the territory of the Party;

     d) products obtained as a result of harvesting, hunting, fishing, fishing, cultivation, breeding, aquaculture in the territory of the Party;

     e) mineral products and other minerals extracted or extracted from the air, soil, water or the seabed and its subsoil in the territory of the Party;

     (f) Marine fishing products and other marine products obtained on the high seas in accordance with international law by a vessel registered or assigned to a Party and flying its flag;

     (g) Products obtained exclusively from products specified in subparagraph (f) of this article on board a processing vessel registered or assigned to a Party and flying its flag;

     h) waste and scrap obtained as a result of production and consumption in the territory of the Party, provided that such products are suitable only for processing into raw materials;

     i) used products collected in the territory of a Party, provided that such products are suitable only for processing into raw materials;

     (j) Products obtained in outer space on spacecraft registered in the Party;

     (k) Goods produced or received in the territory of a Party exclusively from the goods specified in paragraphs (a) to (j) of this Article.

Article 6.5 Share of value added  

      For the purposes of this chapter and the list of special criteria of origin defined in Annex 2 to this Agreement, the share of value added is calculated using the following formula:  

       where the cost of non-originating materials is:  

      (a) The value of the CIF delivery terms at the time of importation of the materials into the territory of the Party; or  

      (b) The earliest fixed price paid or payable for non-originating materials in the territory of the Party in which the goods are processed or processed.  

      If a manufacturer purchases non-originating materials on the territory of the Party where they will be further processed, the cost of such materials should not include transportation, insurance, packaging and other costs associated with the delivery of these materials from the supplier to the place of production.  

Article 6.6 Insufficient processing or processing    

1. The following operations, carried out individually or in combination with each other, are considered insufficient to meet the requirements of Article 6.3 of this Agreement:

     a) operations to ensure the safety of the goods during their storage or transportation;

     b) freezing and defrosting;

     c) Packaging and repackaging;

     d) washing, cleaning, removal of dust, oxide, oil, paint or other coatings;

     e) ironing or pressing of textiles;

     f) painting, polishing, varnishing, coating (impregnation) with oil;

     g) peeling, partial or complete bleaching, grinding and polishing of grain and rice;

     h) sugar coloring or lump sugar formation;

     i) peeling and extraction of seeds, peeling of fruits, vegetables and nuts;

     j) sharpening, grinding, grinding;

     k) cutting;

     l) Sieving, selection, sorting, classification;

     m) filling, packing into cans, vials, bags, boxes, boxes, fixing on the surface and other packaging operations;

     n) affixing or printing of trademarks, logos, labels and other similar distinguishing marks on products or their packaging;

     o) mixing of products (components), which does not lead to a significant difference between the resulting product and the original components;

     p) simple operations for assembling goods from parts and disassembling goods into parts;

     q) slaughter of animals, sorting of meat.

     2. For the purposes of paragraph 1 of this article, a simple operation means operations that do not require the use of special skills, machines, devices or equipment specifically designed for these operations.

Article 6.7 Accumulation of origin  

     Without prejudice to Article 6.3 of this Agreement, goods or materials originating from one Party and used in the production of goods in the other Party shall be considered as originating from the Party in which the last processing operations were performed, with the exception of the operations specified in paragraph 1 of Article 6.6 of this Agreement. The origin of such materials must be confirmed by a certificate of origin (form ST-3) issued by an authorized body.

Article 6.8 De Minimis  

     1. Goods that do not meet the requirements for changing the commodity classification provided for in Annex 2 to this Agreement will nevertheless be considered as originating goods if:

     a) the cost of all non-originating materials used in the production of goods that do not meet the requirements for changing the commodity classification,

     b) does not exceed 5% of the value of the goods on EXW delivery terms, and such materials are necessary for the production of these goods;

     c) the goods meet all other requirements of this chapter.

      2. The cost of the materials specified in subparagraph (a) of paragraph 1 of this article must be included in the cost of non-originating materials for the purposes of calculating the share of value added.  

Article 6.9 Direct delivery  

     1. Preferential tariff treatment in accordance with this chapter is granted in respect of originating goods on condition of their direct delivery from the territory of the exporting Party to the territory of the importing Party.

     2. Notwithstanding the provisions of paragraph 1 of this article, originating goods may be transported through the territory of third countries provided that:

     a) transit through the territory of third countries is caused by geographical or transport reasons;

     b) the goods were not the object of trade or consumption;

     c) the goods have not been subjected to any operations, except for unloading, reloading, storage and other necessary operations aimed at ensuring their safety.

     3. The declarant must present to the customs authorities of the importing Party the appropriate documentary evidence of compliance with the requirements established by paragraph 2 of this Article. Such evidence is provided to the customs authorities of the importing Party by submitting:

     a) transport documents certifying the route of movement of goods from the territory of one Party to the territory of the other Party, containing the following information:

     i. accurate description of the goods;

     II. the dates of unloading and reloading of the goods (if the transport documents do not contain information about the date of unloading and reloading of the goods, then other documents containing such information must be submitted in addition to them); and

     iii. where applicable:

     - names of ships or other vehicles used;

     - container numbers;

     - the conditions under which the goods were in proper condition in the transit country;

     - marks of the customs authorities of the transit country;

     b) commercial invoices for the relevant goods.

     4. The declarant may submit other documents confirming the fulfillment of the requirements of paragraph 2 of this article.

     5. If it is impossible to present transport documents, documents issued by the customs authorities of the third countries through which the transit was carried out and containing all the information specified in subparagraph (a) of paragraph 3 of this article may be submitted.

      6. If the declarant is unable to provide the customs authorities of the importing Party with documentary evidence of the fulfillment of the conditions of direct delivery, preferential tariff treatment is not provided.  

Article 6.10 Packaging materials for retail trade  

     1. Packaging materials and containers intended for retail trade and classified together with goods should not be taken into account when determining the origin of such goods if a change in commodity classification is established as a criterion of origin in accordance with Annex 2 to the Agreement.

     2. Notwithstanding the provisions of paragraph 1 of this article, for the purposes of calculating the share of value added, the cost of packaging intended for retail trade is taken into account when calculating the cost of originating or non-originating materials used in the manufacture of goods.

Article 6.11 Packaging materials for transportation  

      Packaging materials and containers intended exclusively for the transportation of goods should not be taken into account when determining the origin of the goods.  

Article 6.12 Fixtures, accessories, spare parts, tools, instructions and information materials  

     1. Fixtures, accessories, spare parts, tools, instructions and information materials that are part of the usual equipment package and included in the price of the goods under the EXW delivery terms, and for which separate invoices have not been issued, should be considered as part of the goods and not taken into account when determining the origin of such goods, if as a criterion In accordance with Annex 2 to this Agreement, a change in the commodity classification has been established.

     2. Notwithstanding the provisions of paragraph 1 of this article, for the purposes of calculating the share of value added, the cost of fixtures, accessories, spare parts and tools, instructions and information materials is taken into account when calculating the cost of originating or non-originating materials used in the production of goods.

     3. This article applies only if the following conditions are met:

     (a) Fixtures, accessories, spare parts and tools, instructions and information materials intended for goods for which separate invoices have not been issued; and

      b) the quantity and cost of fixtures, accessories, spare parts and tools, instructions and information materials are common for these goods.  

Article 6.13 Sets    

      Goods classified as sets in accordance with the 3rd Basic Rule of Interpretation of the Harmonized System are considered as originating if all the goods that are their components are originating. Nevertheless, a set consisting of originating and non-originating goods is recognized as occurring if the value of the non-originating goods does not exceed 15 percent of the value of the set on EXW delivery terms.    

Article 6.14 Indirect materials  

     When determining the origin of goods, the origin of the following indirect materials that can be used in production and are not included in the composition of the goods is not taken into account.:

     a) fuel and electric energy;

     b) tools, dies and molds;

     c) spare parts and materials used in the maintenance of equipment and buildings;

     (d) Lubricants, additives and other materials used in the manufacture or operation of equipment and buildings;

      e) gloves, glasses, shoes, clothing, safety equipment;  

      f) equipment, devices used for testing or verifying goods;  

     (g) Catalysts and solvents;

      h) any other materials that are not included in the product, but the use of which in the manufacture of goods can be represented as part of the production process.  

SECTION II DOCUMENTARY PROOF OF ORIGIN

Article 6.15 Application for preferential tariff treatment  

     1. In order to receive preferential tariff treatment, the declarant must submit to the customs authority of the importing Party a certificate of origin in accordance with the requirements of this section.

     2. The certificate of origin of the goods submitted to the customs authorities of the importing Party must be original, valid, executed in accordance with Annex 3 to this Agreement, as well as completed in accordance with the requirements established by Annex 3 to this Agreement.

3. The authorized body of the exporting Party must ensure that the certificates of origin comply with the requirements for completing them, as defined in Annex 3 to this Agreement.

     4. The certificate of origin of the goods is valid for 12 months from the date of its issuance and must be submitted to the customs authorities of the importing Party during this period, but not later than the date of filing the import customs declaration, except for the cases specified in paragraph 6 of this Article.

     5. In the event that the Parties develop and implement an electronic verification system of origin (hereinafter referred to as "EHRC") specified in Article 6.27 of this Agreement, the Customs authorities of the importing Party may not require, in accordance with the relevant national legislation, the presentation of the original certificate of origin on paper. In this case, the date and number of such certificate must be indicated in the customs declaration. If the customs authority of the importing Party has reasonable doubts regarding the origin of the goods for which preferential tariff treatment has been declared, and/or a discrepancy has been identified with the information contained in the EHRC, the customs authority of the importing Party may require the presentation of the original certificate of origin on paper.

     6. If the importer does not have a certificate of origin at the time of importation, the importing Party shall levy customs duties at the rates provided for under the most-favored-nation regime, or, if applicable, require the provision of security for the payment of such duties. In this case, the importer has the right to declare a preferential tariff regime and refund the paid import customs duties or refund the payment of such duties within 12 months from the date of registration of the customs declaration in accordance with the domestic legislation of the importing Party, subject to compliance with all the requirements of Article 6.22 of this Agreement.

Article 6.16 Circumstances in which the presentation of a certificate of origin is not required  

     The presentation of a certificate of origin for the purposes of obtaining preferential tariff treatment is not required for the import of originating goods, the customs value of which does not exceed 200 euros or an equivalent amount in the currency of the importing Party, provided that this delivery is not part of one or more shipments, which can reasonably be considered as a way to evade the presentation of a certificate of origin.

Article 6.17 Issuance of a certificate of origin  

     1. The manufacturer or exporter of goods, or their authorized representative, shall contact the authorized body in writing or, if applicable, by electronic means of communication to issue a certificate of origin.

     2. The certificate of origin of the goods shall be issued by the authorized body to the manufacturer, exporter of the exporting Party or their authorized representative before or on the date of import of the goods in all cases when the exported goods can be considered to originate from the Party in accordance with the provisions of this chapter.

     3. A certificate of origin is issued for one batch of goods.

     4. Each certificate of origin must have a unique registration number assigned by the authorized body.

     5. If all the goods indicated in the certificate of origin cannot be listed on one page, the additional sheets provided for in Appendix 3 to this Agreement are used.

     6. The certificate of origin (form ST-3) must contain one original and two copies.

     7. One copy of the certificate is kept in the authorized body of the exporting Party, the second copy is kept by the exporter.

     8. Without prejudice to paragraph 4 of Article 6.15 of this Agreement, in exceptional cases where the certificate of origin (form CT-3) was not issued before or on the date of importation of the goods, it may be issued after the export of the goods, with the certificate marked "ISSUED RETROACTIVELY" ("ISSUED SUBSEQUENTLY").

     9. The submitted original certificate of origin must be kept at the customs authority of the importing Party, except in cases provided for by the relevant national legislation.

Article 6.18 Minor discrepancies  

     1. If the origin of the goods is beyond doubt, the discovery of minor discrepancies between the information contained in the certificate of origin and the information contained in the documents submitted to the customs authority of the importing Party should not, in itself, be grounds for invalidating the certificate of origin if the information indicated therein actually corresponds to the information provided. products.

     2. If several goods are declared in the certificate of origin, then the settlement of the problem that has arisen with respect to one of the goods should not affect or lead to the suspension of preferential tariff treatment for the remaining goods specified in such a certificate of origin.

Article 6.19 Special cases of issuing a certificate of origin  

      1. In cases of theft, loss or destruction of the certificate of origin, the manufacturer, exporter or their authorized representative has the right to apply to the authorized body with an application for the issuance of an officially certified duplicate of the certificate of origin, indicating the reasons for submitting such an application. A duplicate must be made on the basis of a previously issued certificate of origin and accompanying documents. The certified duplicate must contain the words "DUPLICATE OF THE CERTIFICATE OF ORIGIN NUMBER_DATE_" ("DUPLICATE OF THE CERTIFICATE OF ORIGIN OF THE PRODUCT NUMBER OF THE DATE"). The period of application of a certified duplicate certificate of origin should not exceed 12 months from the date of issue of the original certificate of origin.  

      2. In cases of accidental errors or omissions made in the original certificate of origin, the authorized body must issue a new certificate of origin to replace the existing one. In this case, the certificate of origin of the goods must contain a note: "ISSUED IN SUBSTITUTION FOR THE CERTIFICATE OF ORIGIN NUMBER_DATE_" ("ISSUED IN PLACE OF THE CERTIFICATE OF ORIGIN OF THE GOODS NUMBER_DATE_"). The period of application of such a certificate may not exceed 12 months from the date of issue of the original certificate of origin.  

Article 6.20 Corrections in the certificate of origin  

      The certificate of origin must not contain any blemishes or corrections. Any change is made by deleting erroneous data and typing in any additional information required. Such a change must be certified by a person authorized to sign the certificate of origin and the official seal of the relevant authorized body.  

Article 6.21 Document storage requirements  

     1. The manufacturer and/or exporter who applied for a certificate of origin must keep all documentation and copies of documents submitted to the authorized body for at least three years from the date of issue of the certificate of origin.

     2. An importer who has been granted preferential tariff treatment must keep a copy of the certificate of origin on the basis of which preferential tariff treatment was granted for at least three years from the date of granting such preferential treatment.

      3. An application for a certificate of origin and all documents attached thereto must be kept by the authorized body for at least three years from the date of issue of such certificate of origin.  

SECTION III   PREFERENTIAL TARIFF TREATMENT  

Article 6.22 Granting preferential tariff treatment  

     1. The preferential tariff regime under this Agreement applies to originating goods that meet the requirements of this chapter.

     2. The customs authorities of the importing Party shall grant preferential tariff treatment for goods originating from the exporting Party, subject to the following conditions::

     a) the imported goods meet the criteria of origin specified in Article 6.3 of this Agreement;

     b) the declarant ensures compliance with the requirements of this chapter;

     c) the original certificate of origin of the goods, valid and completed in accordance with the requirements of section II "Documentary proof of origin" of this chapter, has been submitted to the customs authorities of the importing Party. In the case of the application by the Parties of the ESA provided for in paragraph 5 of Article 6.15 of this Agreement, the original certificate of origin of the goods may not be provided.

     3. Notwithstanding the provisions of paragraph 2 of this Article, if the customs authorities of the importing Party have reasonable doubts about the origin of the goods for which preferential tariff treatment has been declared and/or about the authenticity of the submitted certificate of origin, such customs authorities may refuse to grant or suspend the application of preferential tariff treatment to the relevant goods. Nevertheless, the goods may be released into free circulation in accordance with the requirements of the national legislation and regulations of such a Party.

Article 6.23 Refusal to grant preferential tariff treatment  

1. If the goods do not comply with the requirements of this chapter or the importer or exporter of the goods does not ensure compliance with the provisions of this chapter, the customs authority of the importing Party may refuse to grant preferential tariff treatment and collect unpaid customs duties in accordance with national legislation.

     2. The customs authorities of the importing Party have the right to refuse to grant preferential tariff treatment if:

     a) the goods do not meet the requirements of this Chapter, which does not allow them to be considered as originating from the exporting Party, and/or

     b) other requirements of this chapter are not fulfilled, including:

     i. requirements of Article 6.9 of this Agreement;

     ii. The submitted certificate of origin has not been completed in accordance with the requirements provided for in Annex 3 to this Agreement.;

     c) the verification procedures carried out in accordance with Article 6.28 of this Agreement do not allow to establish the origin of the goods or indicate that the goods do not meet the criteria of origin;

     d) the verifying authority of the exporting Party has confirmed that the certificate of origin has not been issued (i.e. is fake) or has been cancelled (revoked);

     e) the customs authority of the importing Party has not received a response from the inspection authority of the exporting Party within six months from the date of sending the verification request, or the response received does not contain sufficient information to determine the origin of the goods.

     3. If, during the verification procedures, the importing Party determines that the exporter or manufacturer provides false and/or incomplete information for the purpose of obtaining certificates of origin, the customs authorities of the importing Party may refuse to grant preferential tariff treatment for identical goods specified in certificates of origin issued to such exporter or manufacturer, according to in accordance with the relevant national legislation.

      4. In the cases specified in subparagraph (b) of paragraph 2 of this Article, the customs authorities of the importing Party may not send the verification request provided for in Article 6.28 of this Agreement to the authorized body for making a decision on refusal to grant preferential tariff treatment.  

SECTION IV ADMINISTRATIVE COOPERATION  

Article 6.24 Language of administrative cooperation  

      Any notification and interaction between the Parties under this Section should be carried out through the relevant authorities in English.  

Article 6.25 Authorized and verifying bodies  

     From the date of entry into force of this Agreement, the Governments of the Parties must appoint or retain an authorized body and a verification body.

Article 6.26 Notifications  

     1. Prior to the issuance by the authorized body of any certificates of origin in accordance with this Agreement, each of the Parties will send to each other, through the Eurasian Economic Commission and the Ministry of Industry, Mines and Trade of Iran, respectively, information on the names and addresses of all authorized and verifying authorities, along with original and legible samples of the prints of the seals used by them., a sample of the certificate of origin of goods used, as well as information about the security features of such a certificate of origin.

     2. I.R. Iran shall submit to the Eurasian Economic Commission the information specified in paragraph 1 of this Article in six copies. The Eurasian Economic Commission has the right to request from I.R. Iran the submission of additional sets of such information.

     3. I.R. Iran and the Eurasian Economic Commission publish information on the Internet about the names and addresses of authorized and verifying bodies of each of the Parties.

     4. Information on any changes to the above information must be appropriately sent in advance through the authorities specified in paragraph 1 of this article.

     5. The information provided in accordance with paragraph 1 of this Article shall be applied from the date of receipt of the original letter transmitting such information by the Ministry of Industry, Mines and Trade of the Islamic Republic of Iran and the Eurasian Economic Commission, respectively.

Article 6.27 Development and implementation of an electronic verification system of origin  

     1. The Parties will make efforts to implement the EHR.

     2. The purpose of the EHRC is to create an Internet database containing information on all certificates of origin issued by authorized bodies, which will be available to the customs authorities of the other Party for the purpose of verifying the authenticity of any certificate of origin and its contents.

     3. All requirements and technical conditions for the application of ESWPW should be established in a separate protocol between the Parties.

     4. For this purpose, the Parties should set up a working group that will make efforts to develop and implement the EHRC.

Article 6.28 Verification of origin  

     1. In case of reasonable doubts about the authenticity of the certificate of origin and/or the conformity of the goods declared in the certificate of origin with the criteria of origin set out in Article 6.3 of this Agreement, as well as during a simple spot check, the customs authorities of the importing Party may apply to the authorized or verifying authority of the exporting Party with a request to confirm the authenticity of the certificate of origin. the origin of the goods and/or the conformity of the goods with the criteria of origin, and/or provide, if necessary, documentary evidence from the exporter and/or manufacturer of the goods.

     2. All verification requests must be accompanied by information sufficient to identify the goods in question. The request to the verifying authority of the exporting Party must include information about the circumstances and reasons for its initiation, as well as contain a copy of the certificate of origin.

     3. The recipient of the request referred to in paragraph 1 of this Article must provide a response to the customs authorities of the importing Party within six months from the date of sending such a verification request.

     4. In response to the request provided for in paragraph 1 of this Article, the verifying authority of the exporting Party must indicate whether the certificate of origin of the goods is genuine and/or whether the goods can be considered to originate from such a Party, including providing the requested documentary evidence obtained from the exporter and/or manufacturer of the goods. Until a response to the verification request is received, the provisions of paragraph 3 of Article 6.22 of this Agreement may apply. The customs duties paid in this case must be refunded if the results of the verification request clearly indicate that these goods are originating and meet all other requirements of this chapter.

Article 6.29 Confidentiality  

      All information provided in accordance with this chapter should be treated as confidential by the Parties in accordance with relevant national legislation. Such information should not be disclosed without the permission of the person or authority of the Party who provided such information, except for disclosure to the extent necessary for the purposes of the judicial process.  

Article 6.30 Fines and other measures against fraudulent activities  

      Each Party should ensure that it is possible to apply criminal or administrative liability measures for violations of relevant legislation and regulations relevant to this chapter.  

Article 6.31 Subcommittee on Rules of Origin Determination  

     1. For the purposes of effective application and implementation of this chapter, a Subcommittee on Rules of Origin Determination is established.

     2. The Subcommittee on Rules of Origin Determination performs the following functions::

     (a) Consideration and adoption of appropriate recommendations to the Joint Committee and the Committee on Goods on:

     i. revision of Annex 2 to this Agreement with regard to amendments to the HS. Such a review should be carried out in a timely manner and without prejudice to existing obligations.;

     ii. the application and implementation of this chapter, including with respect to proposals to ensure the implementation of agreements;

     iii. failure by the Parties to fulfill the obligations defined in this Section;

     iv. technical amendments to this chapter;

     v. amendment of Annex 2 to this Agreement;

     vi. disputes arising between the Parties during the implementation of this chapter; and

     vii. any amendments to the provisions of this chapter and Annexes 2, 3 to this Agreement;

     (b) Consideration of any other issues related to this chapter proposed by either Party;

     (c) Submitting reports of the Subcommittee on Rules of Origin to the Committee on Goods; and

     (d) Performing other functions that may be assigned by the Joint Committee in accordance with article 1.5 of this Agreement.

     3. The Subcommittee on Rules of Origin Determination consists of representatives of the Parties and, by mutual agreement of the Parties, may involve representatives of other organizations of the Parties with the necessary competence in the discussion of issues.

     4. The Subcommittee on Rules of Origin Determination shall be convened at a date and place determined by agreement of the Parties, but at least once a year.

     5. The provisional agenda of each meeting is sent to the Parties, as a rule, no later than one month before the meeting.

Article 6.32 Goods during transportation or storage  

Within 6 months from the date of entry into force of this Agreement, preferential tariff treatment shall be applied to originating goods that are in the process of transportation from the exporting Party to the importing Party or in temporary storage in the importing Party, subject to compliance with all the requirements provided for in Article 6.22 of this Agreement.  

CHAPTER 7 CUSTOMS COOPERATION AND TRADE FACILITATION  

Article 7.1 Scope of application    

      This chapter applies to customs administration measures and customs operations necessary for the release of goods in trade between the Parties in order to facilitate:  

      (a) Transparency of customs procedures and customs formalities;  

      (b) Simplification of trade procedures and harmonization of customs operations;  

      c) customs cooperation, including information exchange between the central customs authorities of the Parties.  

Article 7.2 Definitions  

     For the purposes of this chapter:

     a) "customs administration" - the organizational and managerial activities of the customs authorities of the Parties, as well as activities carried out within the framework of the regulatory framework in achieving goals in the field of customs;

     b) "customs legislation and regulations" - any rules and regulations applied by the customs authorities of the Parties, including laws, resolutions, decrees, orders, rules, etc.;

     c) "express cargoes" - goods delivered via high-speed transport systems of any type of transport using an electronic information management and tracking system for the purpose of delivering goods to the recipient in accordance with a separate payment document in the shortest possible or fixed period of time, with the exception of goods sent by international mail;

     d) "processing in the customs territory" is a customs procedure in which foreign goods can be imported into the customs territory of a Party with conditional exemption from customs duties and taxes, provided that such goods are intended for processing or repair and subsequent export from the customs territory of such Party within a specified period of time.;

     e) "processing outside the customs territory" is a customs procedure in which goods in free circulation in the customs territory of a Party can be temporarily exported for processing operations abroad, and then re-imported with full exemption from customs duties and taxes.;

      f) "temporary importation" is a customs procedure in which foreign goods can be imported into the customs territory of a Party with full or partial conditional exemption from customs duties and taxes, provided that such goods must be re-exported within a certain period of time in accordance with the customs legislation and regulations of such Party.  

Article 7.3 Simplification of customs administration measures

     1. Each Party shall ensure that the customs administration measures applied by the Customs authorities of that Party are predictable, impartial, consistent and transparent.

     2. The customs administration measures of each Party should, to the extent possible and to the extent permitted by the customs legislation and regulations of such Party, be based on the standards and recommended practices of the World Customs Organization.

     3. The central customs authorities of each of the Parties will strive to review the customs administration measures aimed at simplifying them in order to facilitate the simplification of trade procedures.

      4. The Parties will strive to develop or continue to implement appropriate legislative programs on Authorized Economic Operators (AEO) and may enter into negotiations on mutual recognition of AEO.  

Article 7.4 Release of goods

     1. Each Party establishes or continues to implement customs procedures and operations for the effective release of goods in order to simplify trade procedures between the Parties. This does not oblige a Party to release goods in cases where the requirements for the release of such goods have not been met.

      2. In accordance with paragraph 1 of this Article and to the extent possible, each Party:  

     a) ensures the release of goods within a period of time not exceeding 48 hours from the date of registration of the customs declaration, except in cases provided for by customs legislation and regulations of the Parties; and

     b) seeks to establish or maintain the possibility of electronic presentation and processing of preliminary Customs information prior to the arrival of goods in order to accelerate the release of goods upon their arrival.

     3. In case of extension of the period of release of goods by the customs authority of the importing Party in accordance with the customs legislation and regulations of the Party, the relevant customs authority must inform the declarant of the reasons and legal grounds for such extension.

Article 7.5 Risk management  

     The Customs authorities of the Parties should apply a risk management system, focusing on the inspection of high-risk goods through a systematic risk assessment and simplify customs operations for low-risk goods.

Article 7.6 Customs cooperation  

     1. In order to facilitate the effective implementation of this Agreement, the central customs authorities of the Parties shall strengthen mutual cooperation on key issues in the field of customs affairs affecting trade turnover between the Parties.

     2. If the central customs authority of a Party, in accordance with the relevant legislation and regulations of such Party, has a reasonable suspicion of illegal activities, this central customs authority has the right to make a request to the central customs authority of the other Party in order to obtain specific confidential information usually collected in relation to the export and/or import of goods.

     3. A Party's request made in accordance with paragraph 2 of this Article must be executed in writing, contain the purpose for which this information is requested, as well as contain information sufficient to identify those goods in respect of which such a request is being made.

     4. The Party to whom the request is addressed in accordance with paragraph 2 of this Article shall submit a written response containing the requested information, if the submission of such information does not contradict the legislation and regulations of the requested Party.

     5. The central customs authority of the Party to which the request is addressed shall seek to provide the central customs authority of the requesting Party with any other information that may assist this central customs authority in establishing the compliance of import or export shipments to/from such Party with the requirements of its relevant legislation and regulations.

      6. The central customs authorities of the Parties shall take measures to establish or maintain communication channels for customs cooperation, including the establishment of contact points that will facilitate accelerated and secure information exchange and improve coordination on customs matters.  

Article 7.7 Information exchange  

     1. In order to simplify customs operations, accelerate the release of goods and prevent violations of customs legislation and regulations, the Parties shall, as far as possible, establish and apply electronic information exchange on a regular basis for all goods that are included in trade between them (hereinafter referred to as "electronic information exchange").

     2. The Eurasian Economic Commission ensures coordination of the process of creating electronic information exchange and promotes its application on behalf of the EAEU.

     3. For the purposes of this article, "information" means the relevant background information from customs declarations and transport documents.

     4. For the purposes of paragraph 1 of this article, the central customs authorities of the EAEU member States, the Eurasian Economic Commission and the Central Customs Authority of the Islamic Republic of Iran will begin consultations in order to develop an electronic information exchange system.

     5. All the requirements and technical conditions necessary for the functioning of electronic information exchange, as well as the composition of the transmitted information, will be determined in separate protocols between the central customs authorities of the EAEU member States, the Eurasian Economic Commission and the central customs authority of the Islamic Republic of Iran. Such information should be sufficient to identify the goods being transported and to carry out effective customs control.

     6. All information provided in accordance with this chapter should be treated as confidential and may be used only for Customs purposes.

Article 7.8 Cooperation of border authorities  

      Each Party should ensure that their authorized authorities and institutions responsible for border controls and procedures related to the import, export and transit of goods cooperate with each other and coordinate their activities in order to facilitate trade and reduce unjustified administrative procedures.  

Article 7.9 Publication  

     1. The Parties will, as far as possible, strive to publish customs legislation and regulations of general application in English. Upon request, without prejudice to the national legislation of the requested Party, a summary of by-laws and regulations affecting trade will be provided.

2. Within 8 months after the entry into force of this Agreement, the competent authorities of each of the Parties will establish or maintain one or more contact points to consider requests from interested persons on customs issues and publish information about such contact points on the Internet.

     3. The competent authorities of the Parties shall send each other the contact information about the established contact points. To the extent possible, the contact point of each Party, at the request of the competent authorities of the other Party, provides information related to the operation of this Agreement in English on the following issues:

     (a) Existing non-tariff measures, including bans and restrictions on the import and export of goods;

     b) the application of refund or exemption from customs duties, deferral of customs duties, fees and taxes;

     c) the application of technical barriers, sanitary and phytosanitary requirements affecting the customs clearance of goods;

     (d) Requirements regarding the application of tariff quotas;

     (e) Marking the country of origin of the goods, if required for import; and

     f) others as decided by the Parties in accordance with their laws and regulations.

     4. To the extent possible, each Party publishes in advance its legislation and regulations of general application in the field of customs issues, which is planned to be adopted, and provides interested parties with the opportunity to submit comments before the adoption of such legislation and regulations.

Article 7.10 Preliminary decisions  

     1. The Customs authorities of the Parties shall submit in writing to any applicant registered in the importing Party preliminary decisions on tariff classification, origin of goods, as well as any additional issues that the Party considers relevant.

     2. Each Party will establish or maintain mechanisms for making preliminary decisions that:

     a) provide that the applicant may apply for a preliminary decision before importing the goods;

     (b) Require that the applicant, in order to obtain a preliminary decision, provide in advance a detailed description of the goods and other relevant information necessary for the issuance of such a preliminary decision;

     c) provide that the Customs authority of the Party may, within 30 days from the date of filing the application, request the applicant to provide additional information;

     d) provide that any preliminary decision is based on the facts and circumstances provided by the applicant, as well as other information available to the Customs authorities;

     (e) Provide that a preliminary decision is issued to the applicant as soon as possible or, in any case, no later than 90 days from the date of filing the application or 60 days from the date of receipt of all necessary additional information requested in accordance with subparagraph (c) of this article.

     3. The Customs authority of a Party may refuse to request a preliminary decision if the additional information requested by it in accordance with subparagraph (c) of paragraph 2 of this Article has not been provided within the specified period.

     4. The preliminary decision is valid for at least one year from the date of its issuance, unless the legislation, facts and circumstances of its issuance have changed.

     5. The Customs authority may change or revoke the preliminary decision.:

     a) if it is established that the preliminary decision is based on false or inaccurate information;

     b) if changes have been made to the customs legislation and regulations in accordance with this Agreement; or

     c) if the essential facts or circumstances on which the issuance of the preliminary decision was based have changed.

     6. A Party may refuse to issue a preliminary decision to the applicant if the issue contained in the application:

     (a) The applicant's case is already pending before any government agency or appeals tribunal or court; or

     b) it already has a decision of the appeals tribunal or court.

Article 7.11 Determination of customs value  

      The customs value of goods in trade between the Parties is determined in accordance with the customs legislation and regulations of the importing Party, which are based, inter alia, on the provisions set out in Annex 4 to this Agreement.

Article 7.12 Tariff classification  

      The Parties apply commodity nomenclatures based on the current version of the Harmonized Commodity Description and Coding System in relation to goods in trade between the Parties.  

Article 7.13 Transit of goods  

     1. Each Party will make efforts to simplify customs operations applied to goods in transit of goods of the Parties to (from) third countries.

     2. The Parties may mutually recognize the means of identification and documents used by the Parties and necessary for the control of goods and ships, as well as other vehicles in transit.

Article 7.14 Express cargo  

     1. The customs authorities of the Parties shall ensure accelerated customs clearance of express cargoes, while maintaining an appropriate level of customs control.

     2. Each Party should adopt or maintain procedures to allow expedited release. These procedures allow you to:

     a) provide the information necessary for the release of express shipments in order to provide and process them before the arrival of the cargo;

     b) to issue express shipments based on a single submission of information about all shipped goods, for example, in the form of a manifest via, if possible, electronic means of communication;

     c) to minimize as much as possible the number of documents required for the release of express shipments;

     d) under normal conditions, ensure that express shipments are released upon arrival as soon as possible after the necessary Customs documents have been submitted.;

     e) apply the regime to shipments of any weight and value, recognizing that a Party may authorize additional import procedures, including declarations and supporting documentation, as well as payment of duties and taxes, based on the weight or value of the goods.

Article 7.15 Perishable goods  

     In order to prevent unnecessary losses and spoilage of perishable goods, subject to compliance with all the requirements of the customs legislation of the Party, the Parties ensure the release of perishable goods as a matter of priority.

Article 7.16 Temporary importation of goods, processing in and outside the customs territory  

      In accordance with international standards, the customs authorities of the Parties strive to simplify customs operations for the temporary importation of goods and the temporary import or export of goods for processing within the country or abroad.  

Article 7.17 Pre-shipment inspections  

     1. Pre-shipment inspection activities are all activities related to checking the quality, quantity, price, including the exchange rate and financial conditions for goods to be exported to the territory of the Party.

     2. The Parties should not require the use of pre-shipment inspection in relation to tariff classification and customs value determination.

     3. Without prejudice to the rights of the Parties to use other types of pre-shipment inspection not covered by paragraph 2 of this Article, the Parties are invited not to introduce or apply new requirements for pre-shipment inspection and, to the extent possible and in order to simplify trade procedures between the Parties, eliminate existing requirements.

Article 7.18 Customs agents  

     The customs legislation and regulations of the Parties should provide declarants with the right to submit customs declarations on their own, without requiring mandatory access to the services of customs agents.

Article 7.19 Automation

     1. The customs authorities of the Parties shall ensure, as far as possible, the implementation of customs operations using information systems and information technologies, including those based on electronic communication channels, subject to the provision of all information security measures.

     2. The central customs authorities of the Parties, as far as possible, provide declarants with the possibility of electronic declaration of goods and provide users with access to electronic systems.

Article 7.20 Confidentiality

      All information provided in accordance with this chapter, with the exception of statistics, should be treated as confidential by the Parties in accordance with the laws and regulations of the Parties. Information should not be disclosed by the competent authorities of the Parties without the permission of the person or body of the Party that provided such information, except for information whose disclosure may be necessary for the purposes of the judicial process.  

Article 7.21 Review and appeal

     Each Party shall ensure the possibility of administrative review of decisions taken by customs authorities affecting the rights of interested parties, and judicial appeal of such decisions in accordance with the laws and regulations of the relevant Party.

Article 7.22 Fines  

     1. Each Party shall adopt or maintain measures involving the imposition of administrative fines for violations of its customs laws and regulations on the import or export of goods, including provisions on tariff classification, determination of customs value, determination of country of origin and preferential tariff treatment under this Agreement.

2. Each Party must ensure that penalties for violations of customs legislation, regulations or procedural requirements are imposed only on the person(s) responsible for the violation in accordance with its legislation.

     3. The penalties imposed must depend on the facts and circumstances of the case and be proportionate to the degree and severity of the violation.

     4. Each Party must ensure that it supports measures to avoid:

     (a) Conflicts of interest in the assessment and collection of fines and fees; and

     (b) Creating an incentive for assessment or levying fines, which is incompatible with paragraph 3 of this article.

     5. Each Party shall ensure that, when imposing a fine for violating customs legislation, regulations or procedural requirements, a written explanation is provided to the person(s) being fined, indicating the nature of the violation and the applicable law, regulations or procedures on the basis of which the amount or amount of the fine was determined.

     6. When a person discloses to the customs authority of a Party the circumstances of a violation of customs legislation, regulation or procedural requirement prior to the detection of the violation by the customs authority, the Parties shall seek, where possible, to consider this fact as a potential mitigating factor in imposing a fine on that person.

Article 7.23 Special transition period for I.R. Iran  

      The EAEU member States and the Eurasian Economic Commission shall refrain from making any claims under Articles 7.10, 7.11, 7.14 of this Chapter within 12 months after the entry into force of this Agreement.  

CHAPTER 8 DISPUTE RESOLUTION    

Article 8.1 Objectives    

      The purpose of this chapter is to ensure an effective and open dispute resolution process arising under this Agreement.  

Article 8.2 Definitions    

     For the purposes of this chapter, the following definitions are used:

     (a) "Parties to the dispute" means the plaintiff party(s) and the respondent party(s). The EAEU and EAEU Member States may act as Parties to the dispute jointly or separately. In the latter case, if the measure is adopted by the EAEU, it is a Party to the dispute, and if the measure is adopted by a member State of the EAEU, then the Party to the dispute is such a member State of the EAEU.;

     (b) "Plaintiff" means a Party to the dispute requesting the application of a dispute resolution procedure in accordance with Articles 8.5 or 8.6 of this Agreement;

     (c) "Respondent" means a Party to the dispute receiving a request for dispute resolution pursuant to Articles 8.5 or 8.6 of this Agreement;

      (d) "Notification" means an official document containing information on current events and procedures, which is sent by the Parties in cases provided for in the provisions of this chapter.  

Article 8.3 Scope and scope    

     1. Unless otherwise provided in this Agreement, the provisions of this chapter shall apply to resolve disputes arising in connection with the interpretation and/or application of this Agreement, the failure of the other Party to fulfill its obligations under this Agreement.

     2. The provisions of this Agreement in Chapters 4 ("Technical barriers to trade") and 5 ("Sanitary and phytosanitary measures") shall not apply for six months after the date of entry into force of this Agreement, and in Chapter 7 ("Customs cooperation and trade facilitation") - for 7 months from the date of entry into force of this Agreement. the effective date of this Agreement.

Article 8.4 Exchange of information and amicus curiae  

     1. The dissemination between the EAEU Member States and the EAEU of any procedural and informational documents related to any dispute arising under this Agreement shall not be considered a violation of confidentiality provisions in accordance with this Agreement and (or) the international obligations of the EAEU and the EAEU Member States.

      2. Any member State of the EAEU and the EAEU, if there is a significant interest in the subject of the dispute, may have the right to speak out or provide written comments to the arbitration panel as an amicus curiae.  

Article 8.5 Good offices, conciliation or mediation  

      1. The parties to the dispute may at any time agree to use the procedure of good offices, conciliation or mediation. Good offices, conciliation or mediation may be initiated and terminated at any time at the request of any Party to the dispute.  

      2. If the Parties to the dispute agree to this, the good offices, conciliation and mediation may continue after the commencement of the proceedings conducted by the arbitration panel provided for in this chapter.  

      3. Proceedings involving good offices, conciliation and mediation, and in particular the positions of the Parties to the dispute taken during these proceedings, are confidential and without prejudice to the rights of any of the Parties to the dispute in any further proceedings.  

Article 8.6 Consultations  

     1. Any Party may request consultations with any other Party on any issue arising under this Agreement that falls under the requirements of Article 8.3 (Scope and coverage). The parties should make every possible attempt to reach a mutually acceptable solution to any issue arising under this chapter through consultation.

     2. A request for consultations shall be made in writing through a contact point designated in accordance with this Agreement, and also sent to the Joint Committee. The requesting Party sends the request to the other Parties through designated contact points, respectively. The request shall indicate the reasons for sending the request, including the definition of any measure or other controversial issue, as well as the designation of the legal basis for the request (the relevant provisions of this Agreement).

     3. Upon receipt of the request for consultations, the Respondent Party undertakes:

      a) respond to the request in writing within 10 days from the date of its receipt by the contact point; and  

     b) enter into consultations in good faith within 30 days or 10 days on urgent matters, including those related to perishable goods, from the date of receipt of the request, with the intention of reaching a quick and mutually acceptable solution to the issue under consideration.

     4. The time limits specified in paragraph 3 of this Article may be changed by mutual agreement of the Parties to the dispute.

     5. Consultations shall be conducted confidentially and without prejudice to the rights of both Parties to the dispute in any subsequent proceedings or in accordance with Article 8.4 of this Chapter.

     6. A Party to the dispute has the right to request the other Party to the dispute to ensure the possibility of participation of government officials, experts and representatives of relevant regulatory and expert bodies with experience in the matter being considered at the consultations. The Party that receives such a request undertakes to make every effort to fulfill it.

      7. Consultations are held on the territory of the respondent, unless the Parties to the dispute have agreed otherwise. Consultations may be conducted in whole or in part by remote means of communication, including, inter alia, videoconference, by mutual agreement of the Parties to the dispute.  

Article 8.7 Establishment of the Arbitration Panel    

      1. The plaintiff has the right to demand the establishment of an arbitration panel:  

      (a) If the defendant fails to comply with the time limits set in accordance with article 8.6 of this Agreement; or  

     (b) If the Parties to the dispute are unable to resolve the dispute through consultations within 60 days or 20 days for urgent cases, including perishable goods, from the date of receipt of the request for such consultations.

     2. The plaintiff sends a request for the establishment of an arbitration panel in writing to the defendant through the contact point designated in accordance with this Agreement, as well as to the Joint Committee. The Plaintiff sends a written notification of the request for the establishment of an arbitration panel to the other Parties through designated contact points. The request should include information about the consultations conducted, a description of the specific measures being considered, as well as a brief description of the legal basis for filing a complaint, sufficient for a clear understanding of the problem.

      3. The requirements and procedures specified in this article may be changed by mutual agreement of the Parties to the dispute.  

Article 8.8 Appointment of arbitrators    

     1. The Arbitration Panel consists of three members. Within 30 days from the date of receipt by the respondent of the request for the organization of an arbitration panel, each Party to the dispute appoints an arbitrator and notifies the other Party to the dispute of such appointment in writing through designated contact points. Within 15 days after the appointment of the second arbitrator, the appointed arbitrators select the third arbitrator (Chairman of the arbitration panel), who must not meet any of the following criteria:

     a) the nationality of the EAEU Member State or the Islamic Republic of Iran; or

      b) the place of habitual residence in the territory of the EAEU Member State or the Islamic Republic of Iran; or  

     c) citizenship of a state that does not have diplomatic relations with any of the EAEU Member States or Iran.

     2. If the third arbitrator is not appointed within the time limits specified in paragraph 1 of this article, the Parties to the dispute, by mutual agreement, appoint the third arbitrator as Chairman of the arbitration panel.

     3. All arbitrators must:

     a) have sufficient knowledge and/or experience in the field of law, international trade and other matters covered by this Agreement, or in the settlement of disputes under international trade agreements;

     b) be elected solely on the basis of the principles of objectivity, disinterest, reliability and reasonableness of judgments;

(c) Not to depend on, have any connection with, or receive any instructions from either Party; and

     d) inform the Parties to the dispute about any direct or indirect conflicts of interest in relation to the issue under discussion.

     4. Individuals should not act as arbitrators in a dispute if they have previously participated in this dispute in any capacity.

     5. If an arbitrator appointed under the terms of this article resigns or loses the ability to perform his functions, his successor must be appointed within 15 days in accordance with the same procedure prescribed for the appointment of the original arbitrator, while the successor will have all the powers and duties of the original arbitrator. Any period applicable to the consideration of the issue is considered suspended from the moment the arbitrator resigns or loses the ability to perform his functions and ends on the day of the choice of a substitute person.

     6. The date of the establishment of the arbitration panel is the date of appointment of the Chairman of the arbitration panel.

     7. The requirements and procedures specified in this article may be changed by mutual agreement of the Parties to the dispute.

Article 8.9 Functions of the Arbitration Panel  

     1. The functions of the arbitration panel are to objectively consider the submitted dispute, including an objective assessment of the factual circumstances of the case, the applicability of this Agreement and its compliance, and to formulate conclusions and decisions necessary, in its opinion, to resolve the dispute referred to it, as well as to determine, at the request of the Parties to the dispute, the compliance of any measures taken and/or the corresponding suspension of benefits through the final report of the arbitration panel.

     2. The conclusions and decisions of the arbitration panel may not increase or decrease the scope of the rights and obligations of the Parties provided for in this Agreement.

Article 8.10 Procedure of the Arbitration Panel  

     1. The work of the arbitration panel is carried out in accordance with the provisions of this chapter.

     2. In accordance with paragraph 1 of this Article, the arbitration panel, in agreement with the Parties to the dispute, independently develops the procedure for the work of the arbitration panel, taking into account the rights of the Parties to the dispute to be heard. The parties to the dispute, in agreement with the arbitration panel, may agree on the use of additional rules and procedures that do not contradict the provisions of this article.

     3. After discussion with the Parties to the dispute, the arbitration panel shall establish a schedule for the work of the arbitration panel as soon as possible, but no later than 10 days after its establishment, which should include the exact deadlines for the transmission of written statements by the Parties to the dispute. Changes may be made to this schedule by agreement of the Parties to the dispute after consultation with the arbitration panel.

     4. At the request of the Party to the dispute or on its own initiative, the arbitration panel may, at its discretion, seek information and/or technical advice from any individual or body it deems necessary. However, before the arbitration panel requests information and/or advice, the Parties to the dispute must be notified. Any information and/or technical advice obtained in this way should be shared with the Parties to the dispute for comment. If the arbitration panel takes such information and/or technical advice into account when preparing its report, it is also obliged to take into account any comment by the Parties to the dispute regarding such information and/or technical advice.

     5. The Arbitration panel shall adopt procedural decisions, conclusions and decisions by consensus, and if the arbitration panel is unable to reach a consensus, such procedural decisions, conclusions and decisions may be adopted by a majority vote. The arbitration Panel should not disclose information about how individual arbitrators voted.

     6. The meetings of the arbitration panel are closed. The parties to the dispute may attend this meeting only at the invitation of the arbitration panel.

     7. The meetings of the arbitration panel must be closed to the public, unless otherwise agreed by the Parties to the dispute.

     8. The parties to the dispute are given the opportunity to attend presentations, when making statements or refuting evidence during the proceedings. Any information or written statements submitted by one Party to the dispute to the arbitration panel, including any comments regarding the narrative of the preliminary report and the answers to the questions posed by the arbitration panel, should be available for consideration by the other Party to the dispute.

     9. The discussions of the arbitration panel and the documents submitted to it are confidential.

     10. Nothing in this chapter prevents a Party to a dispute from disclosing its own position to the public. The Party to the dispute considers as confidential information submitted by the other Party to the dispute to the arbitration panel, which the other Party to the dispute has designated as confidential. At the request of either Party, the Party to the dispute shall also provide a non-confidential summary of the information contained in its written statements, which may be disclosed to the public.

     11. The venue of the hearing is chosen by mutual agreement of the Parties to the dispute. If no agreement is reached, the hearings are held alternately in the capitals of the Parties to the dispute, with the first hearing being held in the capital of the Respondent Party.

Article 8.11 Powers of the Arbitration Panel  

     Unless the Parties to the dispute agree otherwise within 20 days from the date of receipt of the request for the establishment of the arbitration panel, the following powers are determined:

      "To examine, in the light of the relevant provisions of this Agreement, the issue referred to in the request for the establishment of an arbitration panel in accordance with Article 8.7 of this Agreement, and to draw conclusions and make decisions based on the law and facts, together with the establishment of reasons, in order to resolve this dispute".  

Article 8.12 Termination or suspension of proceedings  

      1. The Arbitration Panel shall terminate its work upon the joint request of the Parties to the dispute. In this case, the Parties to the dispute must jointly notify the Chairman of the Arbitration Panel and the Joint Committee.  

      2. Upon the joint request of the Parties to the dispute, the Arbitration Panel shall suspend its work for any period not exceeding 12 consecutive months from the date of receipt of such joint request. In this case, the Parties to the dispute must jointly notify the Chairman of the arbitration panel. During this period, either Party to the dispute may authorize the continuation of the arbitration panel's work by notifying the Chairman of the arbitration panel and the other Party to the dispute       2. Upon the joint request of the Parties to the dispute, the Arbitration Panel shall suspend its work for any period not exceeding 12 consecutive months from the date of receipt of such joint request. In this case, the Parties to the dispute must jointly notify the Chairman of the arbitration panel. During this period, either Party to the dispute may authorize the continuation of the arbitration panel's work by notifying the Chairman of the arbitration panel and the other Party to the dispute. In this case, all the deadlines set out in this chapter will be extended for the period for which the work of the arbitrati case, all the deadlines set out in this chapter will be extended for the period for which the work of the arbitration panel was suspended. If the work of the arbitration panel has been suspended for a period of more than 12 consecutive months, the arbitration panel will cease its work.  

      3. The right to establish a new arbitration panel by the same Parties to the dispute on the same issue, which was specified in the request for the establishment of the original arbitration panel, is considered lost, unless the Parties to the dispute have agreed otherwise.  

Article 8.13 Reports of the Arbitration Panel  

      1. The draft reports of the arbitration panel are drawn up in the absence of the Parties to the dispute and should be based on the relevant provisions of this Agreement, statements and arguments of the Parties to the dispute, as well as any information and/or technical advice received in accordance with paragraph 4 of Article 8.10 of this chapter.

      2. The Arbitration Panel shall prepare an initial report within 90 days, or 60 days on urgent matters, including perishable goods, from the date of the establishment of the arbitration panel. The initial report should contain, inter alia, descriptive sections, as well as the conclusions and conclusions of the arbitration panel.

     3. In exceptional cases, if the arbitration panel considers that it will not be able to submit a preliminary report wi3. In exceptional cases, if the arbitration panel considers that it will not be able to submit a preliminary report within the time period specified in paragraph 2 of this article, it shall inform the Parties to the dispute in writing of the reasons for this delay and indicate within what time frame it expects to submit its preliminary report. Any delay should not exceed an additional period of 30 days, unless the Parties to the dispute agree otherwise.

     4. A party to the dispute may submit its written comments on the preliminary report to the a4. A party to the dispute may submit its written comments on the preliminary report to the arbitration panel within 15 days from the date of receipt of the preliminary report, unless the Parties to the dispute agree otherwise.

     5. After reviewing all written comments from the Parties to the dispute and conducting any additional review it deems necessary, the arbitration panel shall send the final report to the Parties to the dispute within 30 days from the date of sending the preliminary report, unless the Parties to the dispute agree otherwise.

     6. If, in its final report, the arbitration 6. If, in its final report, the arbitration panel concludes that the measure taken by the Party to the dispute does not comply with this Agreement, it must include in its conclusions and deci

7. The Parties to the dispute shall make the final report of the arbitration panel publicly available within 15 days from the date of its transmission, subject to the protection of confidential information, unless objections are received from any of the Parties to the dispute. In this case, the final report will be transmitted to all Parties to this Agreement.

     8. The decisions of the final report of the arbitration panel are final and binding on the Parties to the dispute in relation to the specific dispute.

Article 8.14 Enforcement of decisions    

     1. The parties to the dispute undertake to immediately enforce the decisions of the arbitration panel. If immediate enforcement is not possible, the Parties to the dispute must comply with these decisions within a reasonable time. A reasonable period of time is determined by mutual agreement of the Parties to the dispute. If the Parties to the dispute cannot reach an agreement on a reasonable time within 45 days from the date of publication of the final report of the arbitration panel, either Party to the dispute may refer the matter to the initial composition of the arbitration panel, which will set a reasonable time after discussion with the Parties to the dispute.

     2. In the event of disagreement between the Parties to the dispute as to whether the Party to the dispute has eliminated the discrepancy identified in the report of the arbitration panel within a reasonable period provided for in accordance with this article, either Party to the dispute has the right to refer this issue to the original composition of the arbitration panel.

      3. The Arbitration Panel undertakes to prepare its report within 60 days from the date when the issue referred to in paragraphs 1 or 2 of this article was referred to the arbitration panel. The report should include the ruling of the arbitration panel and the rationale for that ruling. If the arbitration panel considers it impossible to prepare a report within this period, it shall notify the Parties to the dispute in writing of the reasons for such delay, indicating assumptions about the time of the actual preparation of the report. Any delay should not exceed an additional period of 30 days, unless otherwise agreed by the Parties to the dispute.  

      4. The parties to the dispute may at any time continue to search for a mutually acceptable solution in accordance with the final report of the arbitration panel.  

Article 8.15 Compensation and suspension of benefits  

     1. If a Party to the dispute does not comply with the decision of the arbitration panel within a reasonable period established in accordance with Article 8.14 of this Agreement, or notifies the other Party to the dispute of its refusal to comply with it, and (or) the original composition of the arbitration panel decides that the Party to the dispute has not complied with the decision of the arbitration panel in accordance with Article 8.14 of this Agreement, Such a Party to the dispute must, at the request of the other Party to the dispute, initiate consultations in order to agree on mutually acceptable compensation. If such an agreement is not reached within 20 days of receipt of the request, the other Party to the dispute has the right to suspend the application of the benefits provided under this Agreement to the respondent, but only to the extent that corresponds to the benefits affected by the measures that the arbitration panel found to be inconsistent with this Agreement.

     2. When considering which benefits should be suspended, the Party to the dispute primarily seeks to suspend benefits in the same sector or sectors that were affected by those measures that the arbitration panel found to be inconsistent with this Agreement. If such a Party to the dispute considers that the suspension of benefits in the same sector or sectors is not feasible or effective, it has the right to suspend benefits in other sectors.

     3. A Party to the dispute shall notify the other Party to the dispute of the benefits it intends to suspend, the reasons for such suspension and the commencement of the suspension no later than 30 days before the effective date of such suspension. Within 15 days from the date of receipt of such notification, the other Party to the dispute may request the original composition of the arbitration panel to decide whether the benefits that the Party to the dispute intends to suspend are equivalent to those provided by the measure found to be inconsistent with this Agreement, and whether the proposed suspension is consistent with paragraphs 1 and 2 of this article. The decision of the arbitration panel is made within 45 days from the date of receipt of such a request and is final and binding on the Parties to the dispute. The benefits cannot be suspended until the arbitration panel sends its decision.

     4. Compensation and/or suspension of benefits are temporary and are not applied as a primary measure until the discrepancy is completely eliminated, as defined in the final report of the arbitration panel. Compensation and/or suspension of benefits shall be applied by the Party to the dispute only until the measure found to be inconsistent with this Agreement is canceled or modified in such a way as to comply with this Agreement, or until the Parties to the dispute resolve their dispute in another way.

      5. Based on the request of the Party to the dispute, the initial composition of the arbitration panel decides on the compliance with its final report of any imposed measure taken after the suspension of benefits and, in the light of such a decision, on the cancellation or modification of the suspension of benefits. The Arbitration Panel shall make a decision within 30 days from the date of receipt of such request.  

Article 8.16 Expenses  

     1. Unless the Parties to the dispute agree otherwise:

     (a) Each Party to the dispute shall bear the costs of the arbitrator appointed by it, its own costs and legal fees; and

     b) payment for the services of the Chairman of the arbitration panel and other costs related to the conduct of the proceedings shall be borne equally by both Parties to the dispute.

      2. At the request of any Party to the dispute, the arbitration panel may decide on the costs specified in subparagraph (b) of paragraph 1 of this article, taking into account the special circumstances of the case.  

Article 8.17 Language    

      1. All proceedings and documents in accordance with this chapter are conducted and executed in English.  

      2. All documents submitted for use in any proceedings under this chapter must be written in English. If the original documents are written in a language other than English, the Party to the dispute representing them is obliged to provide a translation of these documents into English.  

CHAPTER 9 FINAL PROVISIONS    

Article 9.1 Annexes and additional protocols  

     All annexes and additional protocols to this Agreement are considered to be its integral parts.

Article 9.2 Entry into force    

      This Agreement shall enter into force 60 days after the date of receipt of the last written notification that the EAEU Member States and Iran have completed their respective internal legal procedures provided for by national legislation, including the decision to express the consent of the EAEU to be bound by an international treaty between the EAEU and a third party in accordance with Article 7 of the EAEU Treaty. The relevant notifications should be exchanged between the Eurasian Economic Commission and the Islamic Republic of Iran.  

Article 9.3 Amendments    

      This Agreement may be amended by the Parties by mutual written agreement. All amendments are an integral part of this Agreement and will enter into force in accordance with the provisions of Article 9.2 of this Agreement.  

Article 9.4 Accession of a new EAEU Member State/Sides  

      1. The Eurasian Economic Commission shall promptly notify Iran of the receipt by any third country of the candidate status for joining the EAEU and any accession to the EAEU.  

      2. The new EAEU Member State joins this Agreement in accordance with the mutual agreement of the Parties. Such accession shall be carried out in the form of an additional protocol to this Agreement.  

Article 9.5 Termination and termination of the Agreement  

      Either Party may withdraw from this Agreement by notifying the other Party in writing 6 months in advance.  

      This Agreement is terminated for any EAEU Member State withdrawing from the EAEU Treaty on the date of entry into force of the decision to withdraw from the EAEU Treaty. The Eurasian Economic Commission shall notify Iran in writing of such withdrawal 6 months in advance. In the event of such withdrawal from this Agreement, each Party may propose amendments to this Agreement in accordance with the procedure established in Article 9.3 of this Agreement.

      This Agreement will be valid for three years, unless the Parties agree to extend its application in accordance with the procedure provided for in Article 1.3 of this Agreement.  

      Done in Astana on May 17, 2018, which corresponds to the 27th of Ordibehesht 1397 according to the Iranian calendar, in two original copies in English, both of which are equally authentic.  

For the Republic of Armenia For the Republic of Belarus For the Republic of Kazakhstan For the Kyrgyz Republic For the Russian Federation For the Eurasian Economic Union  

For the Islamic Republic of Iran  

APPENDIX 1  

LISTS OF TARIFF OBLIGATIONS    

     a) In accordance with paragraph 2 of Article 2.3 of this Agreement, the Party applies preferential customs duty rates to originating goods of the other Party in accordance with the following formula:

      Preferential customs duty rate =  

      applicable MFN rate * (100% Reduction)  

                                                 100%  

      in which:  

"Reduction" means the corresponding number indicated in column (4) of this annex and the percentage of reduction used to calculate the preferential customs duty rate.  

     "Applicable MFN rate" means the rate of customs duty applied by a Party to a specific product from any third country in accordance with the most-favored-nation regime. For the EAEU and its member States, the rate of customs duty applied in accordance with the most-favored-nation regime is the rate of customs duty applied to the same product in accordance with the Unified Customs Tariff of the EAEU.

     b) When calculating the preferential customs duty rate, rounding is performed down to the first decimal place.

     c) For information purposes, column (3) shows the applicable MFN rate as of 2017.

     d) The preferential customs duty rate applied by the Islamic Republic of Iran may not be lower than 4%.

     e) In no case shall the preferential customs duty rate applied by a Party to originating goods specified in this annex exceed the appropriate agreed binding level specified in column (5) of this annex.

     (f) "Nomenclature code" and "Description" in columns (1) and (2) mean the corresponding code of the applicable nomenclature of the Party and the corresponding description28 thereto as of July 1, 2017.

     _______________________

      28For greater accuracy in relation to the EAEU, the applied nomenclature and the corresponding description to it are understood to be the commodity nomenclature of the EAEU's foreign economic activity, approved by Decision No. 54 of the Council of the Eurasian Economic Commission dated July 16, 2012, with amendments and additions dated July 1, 2017.  

      With regard to the Islamic Republic of Iran, the applicable nomenclature and the corresponding description to it are understood to be the Law on the Regulation of Exports and Imports of Iran 2016-2017, the Executive Decree to the Law on the Regulation of Exports and Imports of Iran and the customs tariff tables based on the harmonized commodity description and coding system, as of July 1, 2017.