On approval of the agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Tajikistan on free trade

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Law of the Republic of Kazakhstan dated October 28, 1997 No. 170

Approve the agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Tajikistan on Free Trade, signed in Almaty on November 22, 1995.

President Of The Republic Of Kazakhstan

Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Tajikistan on free trade

(Entered into force on December 5, 1997-official website of the Ministry of Foreign Affairs)

The Government of the Republic of Kazakhstan and the Government of the Republic of Tajikistan, hereinafter referred to as the parties, are guided by the agreement of the Council of heads of the CIS states of April 15, 1994 on the establishment of a free trade zone, contributing to the harmonious development of trade and economic cooperation between the Republic of Kazakhstan and the Republic of Tajikistan on an equal and mutually beneficial basis, seeking to develop trade relations between the two countries in accordance with the basic principles of the GATT of the General Agreement on tariffs and trade, and agreed on the following:

Article 1

1.customs duties, taxes and fees that are equivalent to the export or import of goods imported from the customs territory of one of the parties and intended for the customs territory of the other party shall not be applied by the parties. Exclusion from this trading procedure for the agreed nomenclature of goods will be made out annually by a separate protocol. 2. for the purpose of this Agreement and for the period of its validity for goods imported from the customs territories of the parties, goods shall be: a) goods produced in full on the territory of the parties or; B) imported from third countries, processed on the territory of the parties with the use of raw materials, materials and components, and in this regard, the change of belonging to the classification of the rhythmic system of description and coding of goods, albeit according to one of four of the first signs; C) goods manufactured using raw materials, materials and components specified in subparagraph "B"; the rules that fully cover the origin of goods are carried out by the parties in a separate document, the preparation of which is entrusted to Authorized Organizations by the parties.

Article 2

The parties shall: - impose internal taxes or fees on the goods subject to the application of this Agreement, which directly or indirectly exceed the relevant taxes and persons, as applied to the goods of the same kind of domestic production or goods imported from third countries; - introduce any special restrictions and requirements in respect of the import or export of goods subject to the application of this Agreement, which in this case do not apply to the goods of the same type of domestic production or goods imported from third countries; - introduce any special restrictions and requirements that do not apply to the goods of the same type of domestic production or goods imported from third countries; - introduce any special restrictions and requirements that do not apply to the goods of the same type of domestic production or goods imported from third countries; - introduce any special restrictions and requirements that do not apply to the goods of the same type of domestic production or goods imported from third countries; - other rules for the storage, transshipment, storage, transportation of goods released from another party, as well as the transfer of payments and payments, in this case, apply to their own goods or goods imported from third countries, do not apply.

Article 3

1.in mutual trade, distributors shall refrain from applying discriminatory measures to the export and/or import of goods under this agreement, imposing quantitative restrictions or equivalent measures on them. The parties may establish restrictions in the order of unilateralism, but this is within reasonable limits and is intended for a specific period. These restrictions should be an exception and can only be applied in cases of extreme shortages of these commodities in the domestic market and extreme shortages of the balance of payments. In accordance with this article, the party to which quantitative restrictions are applied must, as far as possible, provide the other party with detailed information about the main reasons for the introduction of these restrictions, their types and terms of application, after which consultations are appointed. The introduction of quantitative restrictions in accordance with art.

Article 4

All settlements and payments on trade and economic cooperation between business entities of the parties are carried out in accordance with the agreement between the authorized banks of the parties.

Article 5

Each party does not allow the re-export of goods, the party to whose area these goods are imported takes tariff and/or non-tariff measures in relation to their export. Re-export of such goods in third countries can only be carried out with the written consent and on the conditions determined by the authorized institution of the country of origin of these goods. In case of non-compliance with these rules, the interested party has the right to take unilateral measures to regulate the export of such goods to the territory of the other party, which, after preliminary consultations with the other party, allowed re-export without agreement.

Article 6

The parties will exchange information on laws related to economic activity, including trade, investment, taxation, banking and insurance activities and other financial services, transport and customs issues, including customs statistics. The parties will periodically inform each other about changes in national laws that may affect the implementation of this Agreement. The authorized bodies of the parties agree on the procedure for replacing such information.

Article 7

The parties will seek to bring together the level of customs duty rates applicable in trade with third countries and have agreed to hold regular consultations for this purpose. The parties will inform each other about the current customs tariffs and all those excluded from them.

Article 8

The parties recognize the practice of irresponsibility as not complying with the purpose of this Agreement and, in particular, its following methods; - contracts between enterprises, decisions made by their associations and general methods of business practice, the purpose of which hinders or does not restrict competition or does not create conditions for it on the territory of the Parties; - undertake to prevent and eliminate actions that use the dominant position of one or more enterprises, limiting competition throughout the territory or a significant part of the parties.

Article 9

When implementing measures to regulate bilateral economic relations on the tariff and tariff-free side, for the exchange of statistical information, customs procedures, the parties agreed to use the unified nine-digit commodity nomenclature of the Foreign Economic Relations Service (TN FEA), based on the rhythmic system of description and coding of goods and the composite tariff and statistical nomenclature of the European Economic Community. At the same time, for the personal needs of their states, the parties, if necessary, implement the expansion of the commodity nomenclature in excess of nine characters. The introduction of a reference copy of the commodity nomenclature is carried out on the basis of mutual agreement through a representative office established in the relevant international organizations.

Article 10

The parties agree that compliance with the principle of freedom of Transportation is the most important condition for achieving the goals of this Agreement and a significant part of the process of their inclusion in the international division of Labor and cooperation. In this regard, goods imported from the customs territory of the other party or third countries and intended for the customs territory of the other party or third country are provided by each party for unhindered transportation through its territory and the conditions for the provision and maintenance of available and necessary means to ensure transportation to exporters, importers or carriers carrying out such transportation, including financial, it will be carried out in such a way that its importers are not inferior to the same means and services provided to their national carriers.

Article 11

This agreement provides for the right of any party to which it is a party or intends to participate to take measures generally accepted in international practice, which it deems necessary for the implementation of international treaties, if these measures include: information in the interests of national defense; trade in weapons, ammunition and military equipment; research or production related to defense needs; provision of materials and equipment used in the nuclear industry; ; protection of industrial and mental property; gold does not interfere with the trade in silver or other precious metals and precious stones; protection of people's lives and health.

Article 12

In order to implement a coordinated Export Control Policy for third countries, the parties will conduct regular consultations and take mutually agreed measures to develop an effective export control system.

Article 13

The provisions of previously concluded agreements between the parties shall be replaced by the provisions of this agreement, depending on whether the latter are incompatible with the former or are of the same origin with them.

Article 14

The establishment of a party's relations with states that are not parties to this Agreement, as well as with their associations and international organizations, is not prevented by anything of this agreement that does not contradict the purpose and condition of this Agreement.

Disputes between the parties regarding the interpretation or application of the provisions of this agreement will be resolved through negotiations. The parties will try to avoid conflicts in mutual trade. The parties shall establish as follows: complaints and disputes between economic entities of the two countries are under the exclusive jurisdiction of the courts that consider economic disputes established on the territory of the parties or on the territory of third states, determined by the signatories of the contract, as a result of clarification or execution of commercial contracts or transactions, if they cannot be resolved amicably on the basis of The latter can establish applicable material law, norms and procedures, as well as the place of holding the hearing of the case. Each party ensures that it has effective tools for recognizing and implementing decisions on its territory.

Article 16

To implement the purpose of this Agreement and develop recommendations for improving trade and economic cooperation between the two states, the parties agreed to create a joint Kazakh-Tajik Commission. It meets at the request of one of the parties in the Republic of Kazakhstan or the Republic of Tajikistan.

Article 17

This Agreement shall enter into force from the date of receipt by the parties of written notification of the implementation of Interstate procedures provided for by their national laws. This Agreement shall be concluded for five years and shall be extended by itself for the next five-year period if one of the parties does not notify the other party within six months of its ruling, which terminates its validity. It was created in Almaty on November 22, 1995 in two original copies in Kazakh, Tajik and Russian, while all texts have the same power. In case of misunderstanding of the parties on the text of this Agreement, the parties will be guided by the text in Russian.

For the Government of the Republic of Kazakhstan for the Government of the Republic of Tajikistan

Protocol to the agreement between the Government of the Republic of Kazakhstan on free trade and the Government of the Republic of Tajikistan dated November 22, 1995 on exclusion from the Free Trade Order

Plenipotentiaries of the Republic of Kazakhstan and the Republic of Tajikistan have drawn up this protocol on:

Article 1

The releases provided for in Article 1 of the agreement between the Government of the Republic of Kazakhstan on free trade and the Government of the Republic of Tajikistan dated November 22, 1995 extend to: 1. for goods subject to the application of the laws of the Republic of Kazakhstan on the procedure for exporting and importing goods used at the time of customs clearance of goods when exporting them from Kazakhstan to Tajikistan. Issues of export customs duties on grain crops are additionally considered by the parties. 2. When exporting goods from the Republic of Tajikistan to the Republic of Kazakhstan, it applies to goods subject to the application of the laws of Tajikistan on the export tariff, as well as the laws on licensing and quotas for the export and import of goods (works, services) used at the time of customs clearance of goods.

Article 2

1. for goods subject to exclusion from the free trade order in accordance with Article 1 of this protocol, the parties shall:-customs duties, taxes and fees levied during export, including methods of collection of such taxes and fees; - rules relating to customs clearance of transportation, transportation, warehousing, transshipment and other such services; - methods of payment and transfer of payments; - issuance of export licenses; -creates a national order that is more favorable to each other in relation to the sale, purchase, transportation, distribution and use of goods on the domestic market. 2. the provisions of Paragraph 1 of this article shall include: - privileges granted to third countries by either party for the purpose of establishing a customs union or free trade zone, or as a result of the establishment of such a union or zone; - privileges granted to developing countries in accordance with the laws of the parties; - privileges granted to neighboring countries for the purpose of facilitating; -does not apply to the privileges granted to each other by the parties in accordance with special agreements.

Article 3

1.this protocol is an integral part of the agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Tajikistan on free trade dated November 22, 1995 and enters into force simultaneously with this Agreement. 2.this Protocol shall be valid for the period prior to the conclusion of the new protocol provided for in Article 1 of the agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Tajikistan on free trade dated November 22, 1995. Made on November 22, 1995 in Almaty in two original copies, each in Kazakh, Tajik and Russian.

For the Government of the Republic of Kazakhstan for the Government of the Republic of Tajikistan

President

Republic of Kazakhstan

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