On ratification of the Agreement on Free Trade between the Government of the Republic of Kazakhstan and the Government of the Republic of Armenia and the Protocol on Exemptions from the Free Trade Regime to the Agreement on Free Trade between the Government of the Republic of Kazakhstan and the Government of the Republic of Armenia dated September 2, 1999
The Law of the Republic of Kazakhstan dated December 13, 2000 No. 114
Note. See the Resolution of the Government of the Republic of Kazakhstan on the conclusion of Agreement No. 1295 of September 2, 1999 To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Armenia on Free Trade and the Protocol on Exemptions from the Free Trade Regime to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Armenia on Free Trade, signed in Astana on September 2, 1999.
President of the Republic of Kazakhstan
Agreement <*> between the Government of the Republic of Kazakhstan and the Government of the Republic of Armenia on Free Trade
<*>(Entered into force on January 3, 2002 - Bulletin of International Treaties of the Republic of Kazakhstan, 2002, No. 4, art. 38)
The Government of the Republic of Kazakhstan and the Government of the Republic of Armenia, hereinafter referred to as the Parties, striving to develop trade and economic cooperation between the Republic of Kazakhstan and the Republic of Armenia on the basis of equality and mutual benefit, guided by the Agreement of the CIS Council of Heads of State of April 15, 1994 on the establishment of a free trade zone, expressing their determination to develop bilateral relations in the field of trade and economic in accordance with international norms and rules of trade, have agreed on the following:
Article 1
1. The Parties shall not apply customs duties, as well as taxes and fees having an equivalent effect on the export or import of goods originating from the customs territory of the state of one of the Parties and destined for the customs territory of the state of the other Party. Withdrawals from this trade regime for an agreed range of goods may be formalized in a separate Protocol, if the Parties deem it necessary. 2. For the purposes of this Agreement and for the period of its validity, 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 CIS dated September 24, 1993. Goods originating from the customs territories of the States of the Party are understood to mean goods: a) fully produced in the territory of the Parties or; (b) processed on the territory of the States of the Parties using raw materials, materials and components originating from third countries, and therefore having changed their classification according to the Harmonized Commodity Description and Coding System according to at least one of the first four characters; (c) produced using the raw materials, materials and accessories specified in subparagraph (b). components of products. The detailed rules of origin of the goods will be agreed upon by the Parties in a separate document, which will form an integral part of this Agreement.
Article 2
The Parties will not: - directly or indirectly impose internal taxes or fees on goods subject to this Agreement that exceed the relevant taxes and fees levied on similar domestically produced goods or goods originating from third countries; - impose any restrictions on the import or export of goods subject to this Agreement. special restrictions and requirements that, in a similar situation, do not apply to similar domestically produced goods or goods originating from third countries.; - apply rules different from those applied in similar cases to own goods or goods originating from third countries in relation to warehousing, transshipment, storage, transportation of goods originating from the States of the Parties, as well as payments and transfer of payments.
Article 3
1. The Parties will refrain from applying discriminatory measures towards each other, imposing quantitative restrictions or equivalent measures on the export and/or import of goods under this Agreement. 2. The restrictions referred to in paragraph 1 of this article may be imposed unilaterally within reasonable limits and for a strictly defined period only in the following cases:: acute shortage of this product in the domestic market - until the market situation stabilizes; acute deficit in the balance of payments - until the balance of payments stabilizes; if any product is imported into the territory of the State of one of the Parties in such increased quantities or in such conditions that harm or threaten to harm domestic producers of similar or directly competing goods. 3. The restrictions referred to in paragraph 2 of this Article may, if necessary, be formalized by a separate Protocol to this Agreement. 4. The Party applying restrictions in accordance with paragraph 2 of this Article, prior to the introduction of these restrictions, shall provide the necessary information on the reasons for the introduction, forms and possible terms of application of these restrictions, as well as additional information, upon request of the other Party. 5. The Party intending to apply protective measures shall inform the other Party in advance, but no later than 30 days before the planned introduction of measures. 6. When choosing the protective measures specified in this Article, the Parties will give priority to those that have the least negative impact on achieving the objectives of this Agreement.
Article 4
All settlements and payments on trade and economic cooperation between the Parties should be carried out on the basis of relevant interbank agreements on the organization of settlements between authorized banks of the Parties.
Article 5
For the purposes of this article, re-export means the export of goods originating from the customs territory of one Party by the other Party outside the customs territory of the latter for the purpose of export to a third country. Each Party will not allow the re-export of goods for which the other Party, from whose territory these goods originate, applies tariff and/or non-tariff regulatory measures. The parties will establish a list of goods whose re-export is prohibited, and they will also exchange lists of goods subject to tariff and non-tariff regulation measures. The re-export of such goods to third countries may be carried out only with written consent and under conditions determined by the authorized body of the State that is the country of origin of these goods. In case of non-compliance with these regulations, the Party whose interests have been violated has the right to unilaterally introduce measures to regulate the export of goods to the territory of the State of the Party that allowed unauthorized re-export, after prior notification of the intention to introduce such measures and, if necessary, mutual consultations.
Article 6
The Parties will exchange information on customs issues on a regular basis, including available customs statistics related to the subject of this Agreement, in full. The relevant authorized bodies of the Parties will agree on the procedure for the exchange of such information.
Article 7
1. The Parties will exchange information on their international agreements concluded with third countries in the field of free trade. 2. The Parties will inform each other about all changes in the customs tariffs in force in their countries.
Article 8
The Parties, in accordance with their national legislation, recognize unfair business practices incompatible with the objectives of this Agreement, expressed, in particular, in the following: - conclusion of contracts between enterprises and their associations aimed at preventing or restricting competition or violating the conditions for it in the territories of the States of the Parties; - commission of actions by which one or more enterprises use their dominant position, limiting competition in all or a significant part of the territory of the States of the Parties.
Article 9
When implementing tariff and non-tariff regulation measures for bilateral economic relations, for the exchange of statistical information, and for customs procedures, the Parties agreed to use the common nine-digit commodity nomenclature for foreign economic activity of the CIS (HS CIS), based on the harmonized commodity description and coding system and the Combined Tariff and Statistical Nomenclature of the European Economic Community. At the same time, for the needs of their states, the Parties, if necessary, develop the Product Range.
Article 10
Each Party will ensure free transit through its territory of the state of goods originating from the customs territory of the State of the other Party or third countries and destined for the customs territory of the State of the other Party or a third country and will provide exporters, importers or carriers carrying out such transit with the means and services available and necessary to ensure transit on terms, including financial, no worse than those where the same funds and services are provided to exporters and importers., national carriers of any third country. Each Party guarantees the exemption of transit goods originating from the customs territory of the other Party from customs duties and transit fees, and this is formalized by a separate Agreement. Tariffs for transit by any type of transport, including tariffs for loading and unloading operations, will be economically justified and will not exceed normal operating costs, including a reasonable profit margin.
Article 11
1. This Agreement does not interfere with the right of either Party to take generally accepted in international practice measures of state regulation in the field of foreign economic relations, which it considers necessary for the implementation of international treaties to which it is or intends to become a party, if these measures relate to: protection of public morals and public order; protection of human life and health; protection of animals and plants; environmental protection; protection of artistic, archaeological and historical values that constitute the national heritage; protection of industrial and intellectual property; trade in gold, silver or other precious metals and stones; conservation of irreplaceable natural resources; restrictions on exports of products when the domestic price of these products is lower than the world price as a result of government support programs; balance of payments violations. 2. Nothing in this Agreement shall prevent the right of either Party to apply any state regulatory measures that it deems necessary if these measures relate to: ensuring national security, including preventing the leakage of confidential information related to state secrets; trade in weapons, military equipment, ammunition, the provision of military services, technology transfer and the provision of services for production of weapons and military equipment and for other purposes; supplies of fissile materials and sources of radioactive substances, disposal of radioactive waste; measures used in wartime or other emergency circumstances in international relations; actions in fulfillment of obligations under the UN Charter to preserve international peace and security.
Article 12
The provisions of this Agreement replace the provisions of Agreements concluded earlier between the Parties, to the extent that the latter are either incompatible with the former or identical to them.
Article 13
The provisions of this Agreement do not affect the obligations assumed by the Parties in accordance with other international agreements previously concluded by the Parties with third countries, including Agreements concluded within the framework of the CIS to which the Parties are parties.
Article 14
Nothing in this Agreement prevents either Party from establishing relations with third countries, as well as with their associations and international organizations, provided that these relations do not contradict the goals and conditions of this Agreement.
Article 15
Based on the objectives of this Agreement and in order to develop recommendations for improving trade and economic cooperation between the two countries, the Parties agreed to establish a Kazakh-Armenian commission. Meetings of the Commission are held on the proposal of one of the Parties, but at least once a year, alternately in the Republic of Kazakhstan and the Republic of Armenia.
Article 16
This Agreement may be amended and supplemented by agreement of the Parties. Any amendment must enter into force after notifying the Parties of the completion of the formalities necessary for the entry into force of such an amendment.
Article 17
All disputes related to the interpretation and implementation of this Agreement will be resolved by the Parties through consultations and negotiations.
Article 18
This Agreement shall enter into force upon receipt of the last written notification of the completion of the internal procedures necessary for its entry into force and will remain in force until one of the Parties notifies the other Party in writing 6 months in advance of its intention to terminate it.
Done in Astana on September 2, 1999, in two original copies, each in the Kazakh, Armenian and Russian languages, all texts being equally authentic. In case of disagreement between the Parties regarding the interpretation, application or implementation of this Agreement, the Parties will be guided by the text of the Agreement in Russian.
For the Government For the Government of the Republic of Kazakhstan of the Republic of Armenia
Protocol on Exemptions from the Free Trade Regime to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Armenia on Free Trade dated September 2, 1999
The Government of the Republic of Kazakhstan and the Government of the Republic of Armenia, hereinafter referred to as the "Parties", have signed this Protocol as follows:
Article 1
The exemptions provided for in Article 1 of the Free Trade Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Armenia dated September 2, 1999 (hereinafter referred to as the "Agreement") apply to the goods listed in the Appendix.
Article 2
1. With respect to goods subject to exemptions from the free trade regime in accordance with Article 1 of this Protocol, the Parties shall grant each other the most-favored-nation treatment in respect of:
- taxes and fees levied on export (in respect of the goods listed in the Appendix), including the methods of collection of such taxes and fees;
- provisions concerning customs clearance of transit, transportation, warehousing, transshipment and other similar services;
- payment methods and transfer of payments;
- issuing export and import licenses;
- rules concerning the sale, purchase, transportation, distribution and use of goods on the domestic market. 2. The provisions of paragraph 1 of this Article shall not apply to:
- advantages provided by either Party to third countries for the purpose of creating a Customs Union or free trade area, or as a result of the creation of such a union or zone;
- advantages provided to developing countries in accordance with the legislation of the Parties;
- Advantages provided to neighboring countries in order to facilitate cross-border trade.
Article 3
1. This Protocol is an integral part of the Free Trade Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Armenia and enters into force simultaneously with the said Agreement. 2. This Protocol is concluded for a period of one year, in accordance with Article 1 of the Agreement on Free Trade between the Government of the Republic of Kazakhstan and the Government of the Republic of Armenia. Done in Astana on September 2, 1999, in two original copies, each in the Kazakh, Armenian and Russian languages, all texts being equally authentic. For the purposes of interpreting the provisions of this Protocol, the text in Russian is used.
For the Government For the Government of the Republic of Kazakhstan of the Republic of Armenia
Annex to the Protocol on Exemptions from the Free Trade Regime to the Agreement between the Government of the Republic of Kazakhstan and the Government Republic of Armenia dated September 2, 1999
The list of goods subject to withdrawal from the free trade regime exported from the Republic of Armenia to the Republic of Kazakhstan
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Product Name ! HS Code
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Alcoholic and non-alcoholic beverages Group 22
Tobacco and industrial substitutes Tobacco Group 24
President
Republic of Kazakhstan
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