On the Ratification of the Protocol on Customs Control over the Re-Export of Goods Originating from the Territory of the States Parties to the Treaty on the Customs Union and the Single Economic Space of February 26, 1999 and exported to Third Countries

Law of the Republic of Kazakhstan dated May 5, 2003 No. 407

     To ratify the Protocol on Customs Control over the Re-Export of Goods Originating from the Territory of the Participating States The Agreement on the Customs Union and the Single Economic Space of February 26, 1999 and exported to third countries, concluded in Moscow on May 22, 2001.  

     President of the Republic of Kazakhstan  

  Protocol   on customs control over the re-export of goods originating from the territory of the Member States of the Customs Union Treaty   and the Single Economic Space of February 26, 1999 and exported to third countries  

       The Government of the Republic of Belarus, the Government of the Republic of Kazakhstan, the Government of the Kyrgyz Republic, the Government of the Russian Federation and the Government of the Republic of Tajikistan, hereinafter referred to as the Parties, based on the provisions of Agreement on the Re-export of Goods and the procedure for issuing Re-export Permits dated April 15, 1994 (hereinafter referred to as the Agreement), based on the Agreement on the Customs Union between the Russian Federation and the Republic of Belarus dated January 6, 1995, the Agreement on the Customs Union dated January 20, 1995, the Agreement on the Accession of the Kyrgyz Republic to the Agreements on the Customs Union dated March 29, 1996, the Agreement on the Accession of the Republic of Tajikistan to the agreements on the Customs Union On February 26, 1999, wishing to assist each other in ensuring and protecting mutual interests in the field of foreign economic activity, we agreed as follows:  

  Article 1  

     For the purposes of this Protocol, the basic concepts are used in the meanings defined by the Agreement and The fundamentals of the customs legislation of the member States of the Commonwealth of Independent States dated February 10, 1995.        Concealed re-export means the export from the territory of the State of one of the Parties of goods included by the Parties in the lists of goods that can be re-exported only if there is a duly executed written permit originating from the customs territory of the State of one of the Parties and released for free circulation into the territory of the exporting country, outside the territories of the States of the Parties.        The country of origin of goods is determined in accordance with the Rules for Determining the country of Origin of Goods approved by the decision of the Council of Heads of Government of the Commonwealth of Independent States dated November 30, 2000, if the goods meet the criteria of origin established by these Rules, regardless of whether the exporters/importers of such goods are residents of a member State of the Commonwealth of Independent States.  

  Article 2  

     With regard to concealed re-export, when exporting goods included by the Parties in the lists of goods that can be re-exported only with a duly executed written permit outside the States of the Parties, the procedure defined for re-export by the Agreement will apply.  

  Article 3  

     The parties will provide each other with: the full name and address of the authorized body of their country, with samples of seals and signatures of persons authorized to sign the necessary documents on the re-export of goods; regulatory legal acts defining the procedure for issuing permits for re-export by the authorized body of the country of origin of the goods.  

  Article 4  

     The deadline for the export of goods authorized for re-export should not exceed one year from the date of issuance of a re-export permit by the authorized authorities of the country of origin of the goods.  

  Article 5  

     The customs authorities of the States of the Parties control the origin of exported goods included in the lists of goods that can be re-exported with a duly executed written permit.  

  Article 6  

     The central customs authorities of the re-exporting States shall inform the central customs authorities of the countries of origin of the goods about the actual export of goods, the re-export of which can be carried out only with a duly executed written permit in accordance with the procedure determined by mutual agreement by the central customs authorities of the States of the Parties.  

  Article 7  

     Any disputes and disagreements concerning the interpretation and application of this Protocol will be resolved through negotiations and consultations between the Parties.  

  Article 8  

     By mutual agreement of the Parties, amendments and additions may be made to this Protocol, which are formalized in separate protocols that are an integral part of it.  

  Article 9  

     This Protocol is open for accession by any State party to the Agreement that shares its purpose and principles, as well as is ready to assume full obligations under it. Accession is carried out with the consent of the Parties, on the terms and in accordance with the procedure defined in a separate Protocol with the acceding State.  

  Article 10  

     This Protocol shall enter into force on the date of receipt by the depositary, which is the Integration Committee of the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation and the Republic of Tajikistan of the last written notification on the completion by the Parties of the internal procedures necessary for its entry into force.         Either Party may withdraw from this Protocol by sending a written notification of its intention to the depositary at least three months before withdrawal, having previously settled its obligations assumed in accordance with this Protocol.  

     Done on May 22, 2001 in Moscow in one original copy in the Russian language. The original copy is kept by the depositary, who will send a certified copy to each Party.  

     For the Government of the Republic of Belarus  

     For the Government of the Republic of Kazakhstan  

     For the Government        Of the Kyrgyz Republic  

     For the Government        Of the Russian Federation  

     For the Government of the Republic of Tajikistan  

           The copy is correct  

     Head of the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan  

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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