On the ratification of the Trade Agreement between the Government of the Republic of Kazakhstan and the Government of Canada

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Law of the Republic of Kazakhstan dated July 12, 1996 No. 23-I

To ratify the Trade Agreement between the Government of the Republic of Kazakhstan and the Government of Canada, signed in Ottawa on March 29, 1995.

President of the Republic of Kazakhstan  

application

 Trade Agreement between the Government of the Republic of Kazakhstan and the Government of Canada*

 (Bulletin of International Treaties, Agreements and Individual Legislative Acts of the Republic of Kazakhstan, 1998, No. 1, art. 5) The Government of the Republic of Kazakhstan and the Government of Canada, hereinafter collectively referred to as the "Parties" and separately as the "Party", being convinced that the development of bilateral trade in goods and services will contribute to strengthening mutual understanding and cooperation between the peoples of the Republic of Kazakhstan and Canada, realizing that trade and commercial relations constitute an important element of bilateral relations between the Republic of Kazakhstan and By Canada, recognizing, Noting that the economic restructuring and transition to a market economy in the Republic of Kazakhstan create additional opportunities for expanding bilateral trade, noting that the Republic of Kazakhstan has observer status and Canada is one of the Contracting Parties to the General Agreement on Tariffs and Trade (GATT), reaffirming its commitment to further expand trade relations in accordance with the principles and conditions of the Final the Act signed in Helsinki on August 1, 1975, and other documents of the Conference on Security and Cooperation in Europe, including the document of the Bonn Conference on Economic Cooperation, held in pursuance of the relevant provisions of the Final Document of the Vienna Meeting of the Conference on Security and Cooperation in Europe, taking into account the Declaration on Economic Cooperation between the Republic of Kazakhstan and Canada dated July 10, 1992, taking into account the Long-term Agreement on the Promotion of Economic, Industrial, Scientific and Technical Cooperation dated July 14, 1976 and the Agreement on the Promotion and Mutual Protection of Investments of November 20, 1989, have agreed on the following:

Article 1. Purpose The purpose of this Agreement is to create a system of balanced rights and obligations and agreed rules for the implementation of trade and commercial relations between the Republic of Kazakhstan and Canada.

Article 2. Definitions of Territory "Territory" means: in relation to the Republic of Kazakhstan, the territory to which its customs law applies; in relation to Canada, the territory to which its customs law applies, including any areas outside the territorial waters of Canada, where, in accordance with international law and domestic laws of the country, Canada can exercise rights over the seabed, subsurface and their natural resources. A person "Person" of a country means a citizen or permanent resident of that country, or a legal entity established in accordance with the laws applicable in the country, or primarily conducting its business activities within the country. Third country "Third country" means any country other than the Republic of Kazakhstan or Canada. Transit "Transit" means the transportation of goods through the territory of a country with transshipment, warehousing, splitting of large batches into small ones, changing the mode and mode of transport or without such operations, when such transportation is only part of the entire journey starting and ending outside the borders of the country through whose territory the transportation is carried out. Textile products "Textile products" means products such as tops, yarn, pieces, finished products, clothing and other finished textiles (the main characteristics of which are determined by their testable components) made of cotton, wool, artificial fibers and mixtures thereof, in which any of these fibers or a combination of all these fibers is either the basic cost of the fiber, or (50) fifty percent or more by weight (or (17) seventeen percent or more by weight of wool) of the product; artificial and synthetic staple fibers, bales, carbon monoxide, simple mono- and polyfilament fibers, as well as textiles made from vegetable fibers, mixtures of vegetable fibers with the above-mentioned fibers and mixtures containing silk that directly compete with textiles made from the above-mentioned fibers and in which any of these fibers or a combination of all these fibers represents either the basic cost of the fiber, or 50 (fifty) or more percent by weight of the products.

Article 3. Most-favored-nation treatment 1. Each Party grants to the other Party's similar product, immediately, unconditionally and regardless of the carrier's country of origin, any advantages, privileges, privileges or immunities that it has granted or may grant in the future to any product originating from the territory or intended for importation into the territory of any third country, in respect of: a) customs duties and fees of any type imposed on or in connection with the import or export of goods or imposed on the transfer of import or export fees abroad; (b) The methods of levying the duties and charges referred to in paragraph (a) of this paragraph; (c) the rules and formalities relating to its import or export; (d) all internal taxes or internal charges of any type imposed in connection with the import or export of goods; and (e) all laws, regulations and requirements relating to to sell, offer to sell, purchase, transport or distribute imported goods within the territory of this Party. 2. No prohibitions or restrictions imposed through quotas, import or export licenses or other measures shall be imposed or maintained by either Party with respect to the import of any product of the other Party or the export or sale for export of any product intended for import into the territory of the other Party, unless the import of a similar product of all third countries is prohibited or The export of similar goods to the territory of all third countries is not prohibited or restricted. 3. Each of the Parties will provide the other Party or persons of the other Party with treatment no less favorable than that which it provides to any third country or persons of any third country in all matters relating to the allocation of foreign currency for transactions related to the import or export of goods, and in the application of currency rules in relation to such transactions. 4. The provisions of this Most-favored-nation Agreement do not apply to benefits that are currently being provided or may be provided in the future by either Party by virtue of: a) participation in a customs union or a free trade area to which any of the Parties is currently or may be in the future; b) preferences or advantages granted to other countries and established in accordance with the General Agreement on Tariffs and Trade (GATT) or other international agreements compatible with the GATT; (c) Advantages provided by Canada to countries and their dependent overseas Territories enjoying the benefits of the British Preferential Tariff; (d) Advantages that Kazakhstan provides or may provide to other members of the Commonwealth of Independent States (CIS) or countries that were located on the territory of the former Union of Soviet Socialist Republics; (e) Advantages provided to third countries on the basis of reciprocity in accordance with the documents adopted during the Uruguay Round of negotiations and subsequent agreements concluded under the GATT.

Article 4. Transit facilitation 1. In accordance with applicable laws and regulations, each Party will ensure the freedom of transit of the other Party's goods through its territory along the existing routes that are most convenient for international transportaArticle 4. Transit facilitation 1. In accordance with applicable laws and regulations, each Party will ensure the freedom of transit of the other Party's goods through its territory along the existing routes that are most convenient for international transportation. Goods that are transported in transit through the territory of one of the Parties, without being exempt from the control of customs authorities and without becoming an object of trade in the tGoods that are transported in transit through the territory of one of the Parties, without being exempt from the control of customs authorities and without becoming an object of trade in the territory of that Party, will not be subject to any unnecessary delays or restrictions and will be exempt from all duties, taxes or fees, with the exception of fees for transportation, administrative expenses or services, provided in connection with transit. 2. With respect to all fees, rules and formalities applied to goods in transit, each Party will provide the goods of the other Party transported through its territory with treatment no less favorable than that which it provides to the goods of any third country transported through its territory. 3. Each Party will grant goods of the other Party that transit through the territory of any third country, while remaining under the control of the customs authorities and not becoming an object of trade in the territory of that third country, treatment no less favorable than that which would be granted to such goods if they were transported from their place of origin to their destination. destination without passing through the territory of this third country.

 Article 5. State-owned commercial enterprises 1. Each of the Parties undertakes an obligation that if it establishes or maintains a state-owned enterprise, wherever it is located, or grants any enterprise, officially or actually, exclusive or special privileges, such an enterprise, when buying for import or selling for export, will act in accordance with the principles of non-discrimination. the regime provided for by this Agreement. To this end, such enterprises will make any purchases for import or sale for export, guided solely by such commercial criteria as price, quality, availability of goods and other conditions, and will provide enterprises of the other Party, in accordance with the usual business practices, adequate opportunities to participate competitively in such transactions. 2. The provisions of paragraph 1 of this article do not apply to the import of goods under government orders for immediate or subsequent consumption and not for resale or use for the production of goods for sale.

 Article 6. Measures to prevent violations of trade practices 1. Nothing in this Agreement shall prejudice or prejudice the right of either Party to prescribe and apply laws and regulations that: (a) comply with the requirements of Article 6 of the GATT and related agreements or subsequent agreements concluded under the GATT; (b) apply to goods imported in such increased quantities and under such conditions that cause or may cause serious damage to local producers of similar or directly competing goods. 2. As soon as the authorities of one of the Parties receive a request to initiate an investigation in accordance with the law or rule referred to in paragraph 1 of this article, and in any case before any investigation begins, the other Party will be given an adequate opportunity to consult with a view to clarifying the situation and reaching a mutually agreed solution. In addition, throughout the investigation period, the other Party will be given an adequate opportunity to continue consultations in order to clarify the actual state of affairs and reach a mutually agreed solution. 3. A Party intending to initiate any investigation or conducting such an investigation will, at the request of the other Party, provide access to non-confidential information and data used to initiate and conduct an investigation. 4. Each of the Parties guarantees the openness and accessibility of its laws and regulations specified in paragraph 1 of this article, and provides interested parties with the opportunity to submit their opinions. Such laws and regulations will not be applied in such a way as to arbitrarily or unreasonably discriminate against the goods of the other Party in relation to the goods of any third country. 5. Notwithstanding the provisions of paragraphs 1 and 2 of article 3 or subparagraph 1 (b) of this article, paragraphs 6 to 9 of this article shall apply to trade in textile goods. 6. The Parties agreed to hold immediate consultations at the request of any Party that considers that an actual or future increase in imports of textiles from the other Party causes or threatens to cause disruption of its market. 7. The consultations provided for in paragraph 6 of this Article will be completed within sixty days from the date of the importing Party's request for such consultations, unless the Parties agree otherwise. 8. If, during such consultations, the Parties are unable to agree on a way to prevent or eliminate market disruption, the importing Party may impose restrictions on the import of goods from the other Party, starting from the date of import delivery. 9. In critical circumstances, where delay could lead to irreparable consequences, the importing Party may take measures to temporarily restrict the import of textile goods, provided that within 30 days from the date of taking such measures, the importing Party requests consultations.

Article 7. Openness of information 1. Each Party will promptly make available to the public all laws and regulations related to commercial activities, including trade, investment, taxation, banking, insurance, financial services, transport and labor. 2. Each Party will provide interested parties of the other Party with access to available data, non-confidential and not owned by anyone, on the national economy and specific industries, agriculture, commodity production and services, including data on foreign trade and investment. 3. Each Party shall provide the other Party, if interested, with the opportunity to consult on the wording of laws and regulations governing the conduct of trade and economic activities. Article 8. Services The Parties will consult among themselves with a view to expanding the scope of this Agreement and including provisions related to trade in services in accordance with the multilateral principles adopted as a result of negotiations on the General Agreement on Trade in Services.  

Article 9. Merchant vessels, maritime cargo transportation and intertransport services 1. In connection with the transportation of goods between the Republic of Kazakhstan and Canada, none of the Parties will introduce or continue to apply any discriminatory measures in relation to the provision of services, the search for goods and the transfer of payments related to: a) merchant vessels of the other Party or merchant vessels chartered by persons of the other Party; b) international multimodal cargo transportation services provided by persons of the other Party. 2. Each Party will allow the other Party, on the basis of reciprocity, to establish and operate offices acting as agents for international multimodal freight transportation services provided by persons of the other Party, for merchant vessels of the other Party and for merchant vessels chartered by persons of the other Party. 3. When carrying out international transportation, merchant vessels of the Republic of Kazakhstan, merchant vessels chartered by persons of the Republic of Kazakhstan, and cargoes of such vessels will enjoy the most-favored-nation regime at the entrance, stay and exit from Canadian seaports, including access to port services. This provision does not apply to pilotage of vessels.

 Article 10. Payment Terms 1. Within the framework of the laws and regulations in force in the Republic of Kazakhstan and Canada, all payments related to trade between these two countries will be made on terms agreed upon by the signatories of the commercial contracts under which this trade is conducted, in any form accepted in international banking practice. 2. Neither Party will require or assist persons under its jurisdiction to engage in barter transactions or counter-trade as a condition of bilateral trade between the Republic of Kazakhstan and Canada.

 Article 11. Trade finance The Parties will take measures to strengthen ties between the authorized body of the Republic of Kazakhstan or its successor or successors and the Canadian Export Development Corporation or its successor or successors, especially with regard to financing trade in manufactured goods and services based on a reasonable assessment of commercial risk and, where appropriate, on the basis of government guarantees against risk.

 Article 12. Law applicable to contracts and settlement of commercial disputes 1. Neither Party will prevent persons under its jurisdiction from agreeing with persons of the other Party on the choice of laws governing the conclusion and execution of signed contracts. 2. Persons of the Republic of Kazakhstan, on the one hand, and persons of Canada, on the other, may agree on the settlement of disputes arising in connection with commercial transactions through arbitration. 3. Such persons involved in disputes arising from individual commercial transactions may agree to apply to an arbitration court in accordance with the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL), adopted in 1976. 4. Without prejudice to the possibility of making a different decision, persons who are parties to the contract may indicate as the place of arbitration a country other than the Republic of Kazakhstan or Canada, which is a party to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, signed in New York on June 10, 1958. 5. Nothing in this Agreement will be interpreted in such a way as to prevent, and neither Party will prohibit, participants in commercial transactions from agreeing on any other form of arbitration for the settlement of commercial disputes that they mutually prefer and which, in their opinion, best suits their commercial interests. 6. Persons of the Republic of Kazakhstan and persons of Canada will have access to the courts of the other Party on the same terms as persons of any third country.

Article 13. National security The provisions of this Agreement do not limit the right of each of the Parties to take any action to protect the interests of their national security.

Article 14. Other exceptions Pursuant to the requirement that these measures not be applied in a manner that would constitute a means of arbitrary or unjustified discrimination between countries where the same conditions prevail, or a means of covert restriction of international trade, nothing in this Agreement shall be interpreted as prohibiting any Party from taking or executing: a) measures necessary to ensure compliance with laws or regulations that do not contradict the provisions of this Agreement; b) any other measure provided for in Article 20 of the GATT.  

 Article 15. Consultations 1. The Parties will periodically hold mutual consultations on the implementation of this Agreement or any of its provisions. 2. The consultations provided for in paragraph 1 of this article will be conducted in order to: a) consider the possibility of expanding this Agreement; b) discuss issues affecting trade and commercial relations between the Republic of Kazakhstan and Canada.; (c) Exchange information and views on issues that may adversely affect the current situation or the future development of trade of each of the Parties; (d) Consider issues of mutual interest in multilateral trade; (e) Review the results achieved in expanding bilateral trade and, where appropriate, explore proposals aimed at stimulating further trade development in order to eliminate obstacles preventing this development. 3. The consultations provided for in this Article may be initiated at the request of either Party upon prior notification to the other Party. 4. The meetings provided for in this article will be held alternately in the Republic of Kazakhstan and Canada, unless otherwise agreed. The meetings will be chaired by a representative of the host Country.

 Article 16. Amendments and additions This Agreement may be amended and supplemented by mutual written consent of the Parties. Such amendments and additions must be made in writing.

 Article 17. Entry into force, duration and termination 1. For the entry into force of this Agreement, the Parties shall notify each other through the exchange of diplomatic notes that their respective legal requirements have been fully fulfilled. This Agreement will enter into force on the date of the exchange of notes or, in the case of a non-simultaneous exchange of notes, on the date on which the later note will be dated. 2. This Agreement will remain in force until one of the Parties terminates it by sending a corresponding notification to the other Party six months before. In the event of termination of this Agreement, both Parties will do everything possible to minimize possible damage to their trade relations. 3. Responsibility for the rights and obligations arising from contracts concluded between the Parties lies solely with these persons. Termination of this Agreement will not affect the fulfillment of obligations or obligations arising from contracts concluded during the period of validity of this Agreement, until the obligations under them are fully fulfilled. 4. Except as specifically stated above, nothing in this Agreement cancels or modifies agreements already in force between the Parties. In witness whereof, the undersigned, being duly authorized, have signed this Agreement in two copies, each in the Russian, Kazakh, English and French languages, all texts being authentic. Done in Ottawa on March 29, 1995.

President

Republic of Kazakhstan

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