On the Ratification of the Interim Agreement on Trade and Related Matters between the European Community, the European Coal and Steel Community, the European Atomic Energy Community, on the one hand, and the Republic of Kazakhstan, on the other hand
THE EUROPEAN COMMUNITY, THE EUROPEAN COAL AND STEEL COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY, hereinafter referred to as the "COMMUNITY", on the one hand, and THE REPUBLIC OF KAZAKHSTAN, on the other hand, In view of the fact that the Partnership and Cooperation Agreement between the European Community and the Member States, on the one hand, was signed on January 23, 1995; In view of the fact that the purpose of the Partnership and Cooperation Agreement is to strengthen and expand the relations established earlier, in particular, the Agreement on Trade, Commercial and Economic Cooperation between the European Communities and the USSR, signed on December 18, 1989; Proceeding from the fact that it is necessary to ensure the rapid development of trade relations between the Parties; Striving to ensure the implementation of the provisions of the Partnership and Cooperation Agreement related to trade and related issues as soon as possible through an Interim Agreement; Considering that these provisions should replace the relevant provisions on trade of the Agreement on Trade and Commercial Economic Cooperation between the European Communities and the USSR, signed on December 18, 1989; Due to the fact that it is necessary to ensure that the Joint Committee established under the Agreement on Trade, Commercial and Economic Cooperation is given the right to exercise the powers vested in the Cooperation Council in accordance with the Partnership and Cooperation Agreement before entry into force Partnership and cooperation agreements and the establishment of a Cooperation Council;
We have decided to conclude this Agreement and, in this sense, have designated as our authorized representatives:
THE EUROPEAN COMMUNITY:
Francisca Javier Elorza Cavent
Permanent Representative of the Kingdom of Spain,
Representative of the Committee of Permanent Representatives
EUROPEAN COAL AND STEEL ASSOCIATION:
EUROPEAN ATOMIC ENERGY COMMUNITY:
Gunther Burghardt
General manager
The Main Directorate for Foreign Policy
REPUBLIC OF KAZAKHSTAN:
Kirbasov Aueskhan Makataevich
Ambassador Extraordinary and Plenipotentiary of the Republic of Kazakhstan,
Head of the Representative Office of the Republic of Kazakhstan to the European Community.
Who, having exchanged their Powers, are in good and proper shape, Have agreed on the following:
SECTION I GENERAL PRINCIPLES
(ATP Kazakhstan: Section 1)
Article 1 (ATP Kazakhstan: Article 2) Respect for democracy, the principles of international law and human rights, as defined, in particular, in the Charter of the United Nations, the Final Helsinki Act and the Charter of Paris for a New Europe, as well as the principles of a market economy, including those formulated in the documents of the CSCE Bonn Conference, which underpin the domestic and foreign policies of the Parties and form an essential element of partnership and the present The agreement.
SECTION II - TRADE IN GOODS
(ATP Kazakhstan: Section III) Article 2 (ATP Kazakhstan: Article 8) The Parties will grant each other the most-favored-nation treatment in all areas with respect to: - customs duties and charges imposed on imported and exported goods, including the manner in which such duties and charges are levied; - provisions relating to customs clearance, transit, warehousing and transshipment; - taxes and other internal charges of any kind, which are directly or indirectly imported goods are indirectly taxed; - methods of payment and transfer of such payments; - rules concerning the sale, purchase, transportation, distribution and use of goods on the domestic market. 2. The provisions of paragraph 1 shall not apply to: (a) advantages granted for the purpose of establishing a customs union or free trade area or as a result of the establishment of such a union or zone; (c) advantages granted to individual countries in accordance with the General Agreement on Tariffs and Trade and other international agreements in favor of developing countries; (c) Advantages provided to neighboring countries in order to facilitate cross-border trade. 3. The provisions of paragraph 1 shall not apply during the transitional period expiring on the date of Kazakhstan's accession to the GATT or on December 31, 1998, whichever is earlier, in relation to the advantages defined in Annex 1 provided by the Republic of Kazakhstan to other States that arose as a result of the collapse of the Soviet Union.
Article 3 (ATP Kazakhstan: Article 9) 1. The Parties agree that the principle of free transit is the main condition for achieving the objectives of this Treaty. In this regard, each Party will ensure unlimited transit to (or through) its territory of goods produced in the customs territory or destined for the customs territory of the other Party. 2. The rules described in Article 5 of the GATT (paragraphs 2,3,4 and 5) apply between the two Parties. 3. The rules contained in this Article do not infringe on any special rules related to certain industries, especially those such as transport or products agreed between the Parties. Article 4 (ATP Kazakhstan: Article 10) Without prejudice to the rights and obligations arising from international conventions on the temporary importation of goods by which both Parties are bound, each Party will, in addition, grant the other Party exemption from import duties and taxes on temporarily imported goods, in those cases and in accordance with the procedures stipulated by any other international convention. in this regard, related to them, in accordance with their legislation. The conditions on the basis of which the obligations arising from such a convention were accepted by the relevant Party on this issue will be taken into account. Article 5 (ATP Kazakhstan: Article 11) 1. Goods originating from the Republic of Kazakhstan will be imported into the community freely, without any quantitative restrictions or measures of equivalent interaction and without prejudice to the provisions of Articles 7, 10 and 11 of this Treaty and the provisions of Articles 77, 81, 244, 249 and 280 of the Acts on the Accession of Spain and Portugal to the European Community. 2. Goods originating from the Community will be imported into Kazakhstan freely, without any quantitative restrictions or measures of equivalent impact and without prejudice to the provisions of Articles 7, 10 or 11 of this Treaty. Article 6 (ATP Kazakhstan: Article 12) Goods are traded between the Parties at prices determined by the market. Article 7 (ATP Kazakhstan: Article 13) 1. If any product is imported into the territory of one of the Parties in such increased quantities and under such conditions that harm or threaten to harm local producers of similar or directly competing goods, the Republic of Kazakhstan or the Community, depending on whose interests are affected, may take appropriate measures in accordance with the following procedures and conditions. 2. Before taking any measures or, in cases to which paragraph 4 applies, as soon as possible thereafter, the Republic of Kazakhstan or the Community, as appropriate, will provide the Trade Council with all necessary information in order to find a solution acceptable to both Parties in accordance with section IV of this Treaty.. 3. If, as a result of these consultations, the Parties do not reach an agreement within 30 days from the date of contacting the Trade Council on measures to resolve the situation, the Party that requested the consultations will have the right to restrict imports of the relevant goods to the extent and for such time as is necessary to prevent or eliminate damage, or take other appropriate measures. 4. In critical circumstances, when a delay can lead to irreparable damage. The Parties may take measures prior to consultations, provided that consultations are requested immediately after such actions are taken. 5. When choosing the measures stipulated in this Article, the Contracting Parties will give preference to those that cause the least harm to the achievement of the objectives of this Agreement. 6. Nothing in this Treaty shall prejudice or in any way affect the adoption by any Party of anti-dumping or countervailing measures in accordance with Article VI of the GATT, the Agreement on the Application of Article VI of the GATT, the Agreement on the Application and Interpretation of Articles VI, XVI and XXIII of the GATT or relevant domestic legislation. Article 8 (ATP Kazakhstan: Article 14) The Parties undertake to consider the possibility of changing the provisions of this Agreement concerning trade in goods between them, as far as circumstances permit, including the situation arising as a result of the accession of the Republic of Kazakhstan to the General Agreement on Trade and Tariffs. The Trade Council referred to in Article 16 of this Treaty may make recommendations to the Parties regarding such amendments, which, in cases where this proves acceptable, may be brought into force by agreement between the Parties, in accordance with the procedures in force by each of them. Article 9 (ATP Kazakhstan: Article 15) This Treaty does not exclude prohibitions or restrictions on imported, exported or transit goods justified from the point of view of public morality, public order or public safety; protection of human health and life, animals and plants; protection of natural resources; protection of national artistic, historical and archaeological values or protection of intellectual, industrial and commercial ownership or rules regarding gold and silver. Such prohibitions or restrictions should not, however, be a means of intentionally discriminating or covertly restricting trade between the Parties. Article 10 (ATP Kazakhstan: Article 16) Section 11 of this Treaty does not apply to trade in textile goods falling under Chapters 50 to 63 of the Combined Nomenclature. Trade in these goods should be regulated by a separate agreement, initialed on October 15, 1993 and conditionally applicable from January 1, 1993. Article 11 (ATP Kazakhstan: Article 17) 1. Trade in goods covered by the Treaty Establishing the European Coal and Steel Community will be governed by the provisions of Section II of this Treaty, with the exception of Article 5 and, as soon as they enter into force, by the provisions of the Agreement on Quantitative Arrangements of the ECSC in relation to the Exchange of Steel Products. 2. A contact group on coal and steel issues will be established, consisting of representatives of the Republic of Kazakhstan, on the one hand, and representatives of the Community, on the other.
The Contact Group will regularly exchange information on all issues related to coal and steel that are of interest to the Parties.
Article 12
(ATP Kazakhstan: Article 18)
Trade in nuclear materials will be regulated by the provisions of a separate Agreement to be concluded between the European Atomic Energy Community and the Republic of Kazakhstan.
SECTION III
PROVISIONS AFFECTING ENTREPRENEURIAL ACTIVITY
ACTIVITIES AND INVESTMENTS
(ATP Kazakhstan: Section IY)
Article 13
(ATP Kazakhstan: Article 41) 1. The Parties undertake to allow any payments in freely convertible currency to the current account of the balance of payments between residents of the Republic of Kazakhstan and the Community related to the movement of goods carried out in accordance with the provisions of this Agreement. Article 14 The Parties agree to explore ways to apply their respective competition laws in a coordinated manner in cases where this affects trade between them. Article 15 (ATP Kazakhstan: Article 42) 1. Subject to the provisions of this Article and Annex 11 to this Treaty, the Republic of Kazakhstan will continue to improve the protection of intellectual, industrial and commercial property rights in order to ensure, by the end of the fifth year after the entry into force of this Treaty, a level of protection similar to that existing in the Community, in accordance with the acts partially mentioned in Annex II of the Agreement on partnership and cooperation, including effective means of exercising such rights.
Article 16
Mutual assistance of the administrative authorities of the Contracting Parties The Parties on customs issues are provided in accordance with Protocol 1, attached to this Agreement.
SECTION IY.
INSTITUTIONAL, GENERAL AND FINAL PROVISIONS (ATP Kazakhstan: Section IX) Article 17 The Joint Committee, established as a result of the Agreement on Trade and Commercial and Economic Cooperation signed between the European Economic Community and the USSR on December 18, 1989, performs the duties assigned to it by this Agreement until a Cooperation Council is established in accordance with Article 76 of the Partnership and Cooperation Agreement. Article 18 In order to achieve the objectives of this Treaty, the Trade Council has the right to make appropriate recommendations in specially specified cases. Article 19 (ATP Kazakhstan: Article 80) In examining any issue arising under this Treaty with respect to a provision referring to the GATT Article, the Trade Council shall, to the maximum extent possible, take into account the interpretation normally given to this GATT Article by the Contracting Parties to the General Agreement. Article 20 (ATP Kazakhstan: Article 84) 1. Within the framework of this Agreement, each Party undertakes to ensure non-discriminatory access of legal entities and individuals of the other Party to the competent courts and administrative authorities of the Parties, similar to those provided to its citizens, to protect their individual and property rights, including those related to intellectual, industrial and commercial property. 2. Within the framework of their respective powers, the Parties will: - encourage the use of arbitration to resolve disputes arising in connection with commercial transactions and cooperation operations concluded by business entities of the Republic of Kazakhstan and the Community; - agree that if the dispute is submitted to arbitration, each party to the dispute has the right, unless otherwise provided for by the rules of the arbitration center chosen by the parties, to appoint its own arbitrator, regardless of his nationality, and that the chairman of the arbitration or the sole arbitrator may be a citizen of a third country; - recommend to their business entities on mutual the agreement to determine the legal norms applicable to their contracts; - will encourage the use of arbitration rules developed by the United Nations Commission on International Commercial Law (UNCITRAL) and arbitration by any arbitration center of a State party to the Convention on the Recognition and Application of Foreign Arbitral Awards, signed in New York on June 10, 1958.
Article 21 (ATP Kazakhstan: Article 85) Nothing in this Agreement will prevent the Parties from taking any measures: a) that they consider absolutely necessary to prevent the disclosure of information that significantly harms their security interests; b) which relate to the production or trade of arms, ammunition or military goods or research, development or production for defense purposes, provided that such measures do not worsen the conditions of competition in respect of goods not intended for special military purposes; (c) Which they consider essential to their own security in the event of serious internal violations affecting the maintenance of law and order during wartime or serious international tensions posing a threat of war, or for the purposes of obligations they have assumed to maintain peace and international security; (d) which they consider necessary to comply with them international obligations on control of industrial goods and dual-use technologies. Article 22 (ATP Kazakhstan: Article 86) 1. In the areas covered by this Treaty, and without prejudice to any special provisions contained therein: - arrangements applied by the Republic of Kazakhstan to the Community should not lead to increased discrimination against Member States, their nationals or their companies and firms; - arrangements applied by the Community to The laws of the Republic of Kazakhstan should not lead to increased discrimination against Kazakhstani citizens, their companies and firms. 2. The provisions of paragraph 1 do not prejudice the right of the Parties to apply the relevant provisions of their tax legislation to taxpayers who are not in an identical situation with regard to their place of residence. Article 23 (ATP Kazakhstan: Article 87) 1. Each of the two Parties may submit to the Trade Council any dispute concerning the application or interpretation of this Treaty. 2. The Board of Trade can resolve the dispute by making a recommendation. 3. If the dispute cannot be resolved in accordance with paragraph 2 of this Article, either Party may notify the other of the appointment of an arbitrator; in this case, the other Party must appoint a second arbitrator within two months. For the purposes of this procedure, the Community and the Member States will be considered as one party to the dispute. The Board of Trade will appoint a third arbitrator. The recommendations of the arbitrators will be adopted by a majority vote. Such recommendations will not be binding on the Parties. Article 24 (ATP Kazakhstan: Article 88) The Parties agree to hold prompt consultations through appropriate channels at the request of one of the Parties to discuss any issue related to the interpretation or application of this Agreement or other aspects of relations between the Parties. The provisions of this Article shall not affect Articles 7, 23 and 28 and shall apply without prejudice to the latter. Article 25 (ATP Kazakhstan: Article 89) The treatment provided to the Republic of Kazakhstan under this Treaty is in no way more favourable than the treatment provided by the Member States to each other. Article 26 (ATP Kazakhstan: Article 91) To the extent that the issues covered by this Treaty are also provided for by the Energy Charter Treaty and its Protocols, the EEX Treaty and its Protocols, after entry into force, shall apply to such matters, but only to the extent that such application is provided for in these documents. Article 27 1. This Agreement shall remain in force until the entry into force of the Partnership and Cooperation Agreement signed on January 23, 1995. 2. Either Party has the right to denounce this Agreement by notifying the other Party. This Agreement will expire six months after the date of such notification. Article 28 (ATP Kazakhstan: Article 93) 1. The Parties will take any general or special measures necessary to fulfill their obligations under this Agreement. They will ensure that the objectives set out in the Agreement are achieved. 2. If one of the Parties finds that the other Party is not fulfilling its obligations under this Agreement, it has the right to take appropriate measures. Before doing so, except in cases of extreme urgency, she will provide the Trade Council with all relevant information necessary to thoroughly examine the situation in order to find a solution acceptable to the Parties. When choosing such measures, preference should be given to those that least violate the operation of this Agreement. The Board of Trade is immediately notified of these measures, if required by the other Party. Article 29 Annexes I and II, together with the Protocol, form an integral part of this Treaty. Article 30 (ATP Kazakhstan: Article 96) This Treaty applies, on the one hand, in the territories to which the Treaties establishing the European Economic Community, the European Atomic Energy Community and the European Coal and Steel Community apply, and on the terms laid down in the basis of these treaties, and on the other hand, in the territory of the Republic of Kazakhstan.
Article 31
(ATP Kazakhstan: Article 97)
The Secretary General of the Council of the European Union shall be the depositary of this Treaty.
Article 32
(ATP Kazakhstan: Article 98) This Agreement is drawn up in two copies, in Kazakh and Danish, Dutch, English, French, German, Italian, Spanish, Greek, Portuguese, and all texts are equally authentic. Article 33 (ATP Kazakhstan: Article 99) This Agreement is subject to approval by the Parties in accordance with their own procedures. This Agreement will enter into force on the first day of the second month following the date on which the Parties notify each other of the completion of the procedures specified in the first paragraph. After entry into force, and with regard to relations between the Republic of Kazakhstan and the Community, this Treaty will replace Article 2, Article 3, with the exception of paragraph 4, and from Article 4 to Article 16 of the Agreement on Trade, Commercial and Economic Cooperation between the Union of Soviet Socialist Republics and the European Economic Community and the European Economic Community. atomic Energy, signed in Brussels on December 18, 1989. ANNEX I Indicative list of benefits provided by the Republic of Kazakhstan to Independent States in accordance with Article 2, paragraph 3 1. Armenia, Belarus, Estonia, Georgia, Lithuania, Moldova, Ukraine, Turkmenistan, Russia. Customs duties are not applied. Export duties are not applied to goods delivered under clearing and interstate agreements within the limits of the volumes stipulated in these agreements. Exports and imports are not subject to VAT. Excise duties are not applied to exports. All independent States have export quotas for the supply of goods under annual interstate agreements on trade and cooperation, as well as for supplies for government needs. 2. Armenia, Belarus, Estonia, Georgia, Lithuania, Moldova, Ukraine, Turkmenistan. Payments can be made in rubles. Russia - payments can be made in rubles and tenge. All Independent States have a special system of non-commercial transactions, including payments made in connection with these transactions. 3. All Independent States have a special system of current payments.
4. All Independent States have a special price system for trading certain raw materials and semi-finished products.
5. All Independent States have special transit conditions.
6. All Independent States have special conditions for customs procedures.
APPENDIX 2
INTELLECTUAL PROPERTY CONVENTIONS,
INDUSTRIAL AND COMMERCIAL PROPERTY
(ARTICLE 15)
1. The Community acts referred to in Article 15 are the First Council Directive 89/104/EEC of December 21, 1988 on the approximation of the laws of the Member States concerning trademarks. - Council Directive 87/54 EEC of December 16, 1986 on the legal protection of names of semiconductor products. - Council Directive 91/250 EEC of May 14, 1991 on the legal protection of computer programs. - Council Regulation (EEC) No. 1768/92 of June 18, 1992 concerning the creation of certificates for additional protection of medical products. - Council Regulation (EEC) No. 2081/92 of June 14, 1992 on the protection of geographical names and indications of the origin of agricultural products and foodstuffs. - Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules on copyrights and copyright-related rights applicable to satellite radio broadcasting and cable retransmission. - Council Directive 93/98/EEC of October 29, 1993, harmonizing the terms of protection of copyright and other related rights. - Council Directive 92/100 EEC of November 19, 1992 on the rights of lease and rental, as well as on certain rights related to copyright in the field of intellectual property.
2. If problems arise in the field of intellectual, industrial and commercial property, as indicated in the above-mentioned Community acts, and affecting the terms of trade, urgent consultations will be held, at the request of the Community or the Republic of Kazakhstan, in order to reach mutually acceptable solutions.
PROTOCOL ON MUTUAL ASSISTANCE BETWEEN ADMINISTRATIVE AUTHORITIES IN CUSTOMS MATTERS Article 1 Definitions For the purposes of this Protocol: (a) "Customs legislation" means the provisions applicable in the territory of the Parties with respect to the import, export, transit of goods and the application of any customs procedures, including prohibition, restriction and control measures, adopted by the Parties.; b) "customs duties" means all duties, taxes and fees or any other mandatory payments that are accrued and levied in the territories of the Parties in accordance with customs legislation, but do not include fees and charges that are quantifiably limited to the approximate cost of services provided; c) "requesting authority" means the competent administrative authority that is appointed A Party for these purposes and who submits a request for assistance in customs matters; (d) "Requested authority" means the competent administrative authority appointed by the Party for these purposes and which receives a request for assistance in customs matters; (e) "violation" means any violation of customs legislation, as well as any attempt to violate such legislation. Article 2 Scope of application 1. The Parties will assist each other in the manner and under the conditions laid down in this Protocol in ensuring the proper application of customs legislation, in particular on the basis of the prevention, detection and investigation of cases of violations of this legislation. 2. Assistance in customs matters, as defined in this Protocol, applies to any administrative authority of the Parties that has competence to apply this Protocol. It does not prejudice the rules governing mutual assistance in combating crime. It also does not apply to information obtained by virtue of powers used at the request of judicial authorities, except in cases where such authorities agree to this. Article 3 Assistance on request 1. Upon request of the requesting authority, the requested authority provides it with all relevant information in order to enable it to ensure proper implementation of customs legislation, including information regarding their planned or ongoing activities that violate or may be carried out in violation of such legislation. 2. Upon request of the requesting authority, the requested authority shall inform it whether the goods exported from the territory of one of the Parties have arrived in the territory of the other Party in an appropriate manner, specifying, if necessary, the customs procedures applied to the goods. 3. Upon request of the requesting authority, the requested authority shall take the necessary measures to ensure continuous monitoring of: (a) natural or legal persons in respect of whom there are sufficient grounds to believe that they violate or have violated customs legislation; (b) places of storage of goods suspected of intentionally violating the customs legislation of the other Party; (c) movement of goods that may cause a significant violation of customs legislation; (d) vehicles in respect of which there is reason to believe that they have been used or may be used in violation of customs legislation.
Article 4 Assistance without request The Parties will provide assistance to each other without prior request in accordance with their laws, regulations and other legal mechanisms, if they deem it necessary for the proper application of customs legislation, in particular when they receive information related to: - transactions that have violated, violate or may violate this legislation and which may be of interest to other parties; - new ways or methods of conducting such operations; - goods in respect of which it is known that they may be the subject of significant violations of customs legislation.
Article 5 (ATP Kazakhstan: Article 11) 1. Goods originating from the Republic of Kazakhstan will be imported into the community freely, without any quantitative restrictions or measures of equivalent interaction and without prejudice to the provisions of Articles 7, 10 and 11 of this Treaty and the provisions of Articles 77, 81, 244, 249 and 280 of the Acts on the Accession of Spain and Portugal to the European Community. 2. Goods originating from the Community will be imported into Kazakhstan freely, without any quantitative restrictions or measures of equivalent impact and without prejudice to the provisions of Articles 7, 10 or 11 of this Treaty. Article 6 (ATP Kazakhstan: Article 12) Goods are traded between the Parties at prices determined by the market. Article 7 (ATP Kazakhstan: Article 13) 1. If any product is imported into the territory of one of the Parties in such increased quantities and under such conditions that harm or threaten to harm local producers of similar or directly competing goods, the Republic of Kazakhstan or the Community, depending on whose interests are affected, may take appropriate measures in accordance with the following procedures and conditions. 2. Before taking any measures or, in cases to which paragraph 4 applies, as soon as possible thereafter, the Republic of Kazakhstan or the Community, as appropriate, will provide the Trade Council with all necessary information in order to find a solution acceptable to both Parties in accordance with section IV of this Treaty.. 3. If, as a result of these consultations, the Parties do not reach an agreement within 30 days from the date of contacting the Trade Council on measures to resolve the situation, the Party that requested the consultations will have the right to restrict imports of the relevant goods to the extent and for such time as is necessary to prevent or eliminate damage, or take other appropriate measures. 4. In critical circumstances, when a delay can lead to irreparable damage. The Parties may take measures prior to consultations, provided that consultations are requested immediately after such actions are taken. 5. When choosing the measures stipulated in this Article, the Contracting Parties will give preference to those that cause the least harm to the achievement of the objectives of this Agreement. 6. Nothing in this Treaty shall prejudice or in any way affect the adoption by any Party of anti-dumping or countervailing measures in accordance with Article VI of the GATT, the Agreement on the Application of Article VI of the GATT, the Agreement on the Application and Interpretation of Articles VI, XVI and XXIII of the GATT or relevant domestic legislation. Article 8 (ATP Kazakhstan: Article 14) The Parties undertake to consider the possibility of changing the provisions of this Agreement concerning trade in goods between them, as far as circumstances permit, including the situation arising as a result of the accession of the Republic of Kazakhstan to the General Agreement on Trade and Tariffs. The Trade Council referred to in Article 16 of this Treaty may make recommendations to the Parties regarding such amendments, which, in cases where this proves acceptable, may be brought into force by agreement between the Parties, in accordance with the procedures in force by each of them. Article 9 (ATP Kazakhstan: Article 15) This Agreement does not exclude prohibitions or restrictions on imported, exported or transit goods justified from the point of view of public morality, public order or public safety; protection of human health and life, animals and plants; protection of natural resources; protection of national artistic, historical and archaeological values or protection of intellectual, industrial and commercial property or regulations concerning gold and silver. Such prohibitions or restrictions should not, however, be a means of intentionally discriminating or covertly restricting trade between the Parties. Article 10 (ATP Kazakhstan: Article 16) Section 11 of this Agreement does not apply to trade in textile goods falling under Chapters 50 to 63 of the Combined Nomenclature. Trade in these goods should be regulated by a separate agreement, initialed on October 15, 1993 and conditionally applicable from January 1, 1993. Article 11 (ATP Kazakhstan: Article 17) 1. Trade in goods covered by the Treaty Establishing the European Coal and Steel Community will be governed by the provisions of Section II of this Treaty, with the exception of Article 5 and, as soon as they enter into force, by the provisions of the Agreement on Quantitative Arrangements of the ECSC in relation to the Exchange of Steel Products. 2. A contact group on coal and steel issues will be established, consisting of representatives of the Republic of Kazakhstan, on the one hand, and representatives of the Community, on the other.
The Contact Group will regularly exchange information on all issues related to coal and steel that are of interest to the Parties.
Article 12
(ATP Kazakhstan: Article 18)
Trade in nuclear materials will be regulated by the provisions of a separate Agreement to be concluded between the European Atomic Energy Community and the Republic of Kazakhstan.
SECTION III PROVISIONS AFFECTING ENTREPRENEURIAL ACTIVITY AND INVESTMENT (ATP Kazakhstan: Section IY)
Article 13
(ATP Kazakhstan: Article 41)
The Parties undertake to allow any payments in freely convertible currency to the current account of the balance of payments between residents of the Republic of Kazakhstan and the Community related to the movement of goods carried out in accordance with the provisions of this Agreement.
Article 14 The Parties agree to explore ways to apply their respective competition laws in a coordinated manner in cases where this affects trade between them.
Article 15 (ATP Kazakhstan:
Article 42) 1. Subject to the provisions of this Article and Annex 11 to this Treaty, the Republic of Kazakhstan will continue to improve the protection of intellectual, industrial and commercial property rights in order to ensure, by the end of the fifth year after the entry into force of this Treaty, a level of protection similar to that existing in the Community, in accordance with the acts partially mentioned in Annex II of the Agreement on partnership and cooperation, including effective means of exercising such rights.
Article 16
Mutual assistance of the administrative authorities of the Contracting Parties on customs matters is provided in accordance with Protocol 1, annexed to this Treaty.
SECTION IY. INSTITUTIONAL, GENERAL AND FINAL PROVISIONS (ATP Kazakhstan: Section IX)
Article 17 The Joint Committee, established as a result of the Agreement on Trade and Commercial and Economic Cooperation signed between the European Economic Community and the USSR on December 18, 1989, performs the duties assigned to it by this Agreement until a Cooperation Council is established in accordance with Article 76 of the Partnership and Cooperation Agreement.
Article 18 In order to achieve the objectives of this Treaty, the Trade Council has the right to make appropriate recommendations in specially specified cases.
Article 19 (ATP Kazakhstan: Article 80) In examining any issue arising under this Treaty with respect to a provision referring to the GATT Article, the Trade Council shall, to the maximum extent possible, take into account the interpretation normally given to this GATT Article by the Contracting Parties to the General Agreement.
Article 20 (ATP Kazakhstan: Article 84) 1. Within the framework of this Agreement, each Party undertakes to ensure non-discriminatory access of legal entities and individuals of the other Party to the competent courts and administrative authorities of the Parties, similar to those provided to its citizens, to protect their individual and property rights, including those related to intellectual, industrial and commercial property.
2. Within the framework of their respective powers, the Parties will: - encourage the use of arbitration to resolve disputes arising in connection with commercial transactions and cooperation operations concluded by business entities of the Republic of Kazakhstan and the Community; - agree that if the dispute is submitted to arbitration, each party to the dispute has the right, unless otherwise provided by the rules of the arbitration center chosen by the parties, to appoint its own arbitrator, regardless of his nationality, and that the chairman of the arbitration or the sole arbitrator may be a citizen of a third country; - recommend to their business entities on mutual the agreement to determine the legal norms applicable to their contracts; - will encourage the use of arbitration rules developed by the United Nations Commission on International Commercial Law (UNCITRAL) and arbitration by any arbitration center of a State party to the Convention on the Recognition and Application of Foreign Arbitral Awards, signed in New York on June 10, 1958.
Article 21 (ATP Kazakhstan: Article 85)
Nothing in this Agreement will prevent the Parties from taking any measures: a) that they consider absolutely necessary to prevent the disclosure of information that significantly harms their security interests;
b) which relate to the production or trade of arms, ammunition or military goods or research, development or production for defense purposes, provided that such measures do not worsen the conditions of competition in respect of goods not intended for special military purposes;
(c) Which they consider essential to their own security in the event of serious internal violations affecting the maintenance of law and order during wartime or serious international tensions posing a threat of war, or for the purposes of obligations they have assumed to maintain peace and international security; (d) which they consider necessary to comply with them international obligations on control of industrial goods and dual-use technologies.
Article 22 (ATP Kazakhstan: Article 86) 1. In the areas covered by this Treaty, and without prejudice to any special provisions contained therein: - arrangements applied by the Republic of Kazakhstan to the Community should not lead to increased discrimination against Member States, their nationals or their companies and firms; - arrangements applied by the Community to The laws of the Republic of Kazakhstan should not lead to increased discrimination against Kazakhstani citizens, their companies and firms.
2. The provisions of paragraph 1 do not prejudice the right of the Parties to apply the relevant provisions of their tax legislation to taxpayers who are not in an identical situation with regard to their place of residence.
Article 23 (ATP Kazakhstan: Article 87) 1. Each of the two Parties may submit to the Trade Council any dispute concerning the application or interpretation of this Treaty.
2. The Board of Trade can resolve the dispute by making a recommendation.
3. If the dispute cannot be resolved in accordance with paragraph 2 of this Article, either Party may notify the other of the appointment of an arbitrator; in this case, the other Party must appoint a second arbitrator within two months. For the purposes of this procedure, the Community and the Member States will be considered as one party to the dispute. The Board of Trade will appoint a third arbitrator. The recommendations of the arbitrators will be adopted by a majority vote. Such recommendations will not be binding on the Parties.
Article 24 (ATP Kazakhstan: Article 88) The Parties agree to hold prompt consultations through appropriate channels at the request of one of the Parties to discuss any issue relating to the interpretation or application of this Treaty or other aspects of relations between the Parties. The provisions of this Article shall not affect Articles 7, 23 and 28 and shall apply without prejudice to the latter. Article 25 (ATP Kazakhstan: Article 89) The treatment provided to the Republic of Kazakhstan under this Treaty is in no way more favourable than the treatment provided by the Member States to each other.
Article 26 (ATP Kazakhstan: Article 91) To the extent that the issues covered by this Treaty are also provided for by the Energy Charter Treaty and its Protocols, the EEX Treaty and its Protocols, after entry into force, shall apply to such matters, but only to the extent that such application is provided for in these documents.
Article 27 1. This Agreement shall remain in force until the entry into force of the Partnership and Cooperation Agreement signed on January 23, 1995. 2. Either Party has the right to denounce this Agreement by notifying the other Party. This Agreement will expire six months after the date of such notification. Article 28 (ATP Kazakhstan: Article 93) 1. The Parties will take any general or special measures necessary to fulfill their obligations under this Agreement. They will ensure that the objectives set out in the Agreement are achieved. 2. If one of the Parties finds that the other Party is not fulfilling its obligations under this Agreement, it has the right to take appropriate measures. Before doing so, except in cases of extreme urgency, she will provide the Trade Council with all relevant information necessary to thoroughly examine the situation in order to find a solution acceptable to the Parties. When choosing such measures, preference should be given to those that least violate the operation of this Agreement. The Board of Trade is immediately notified of these measures, if required by the other Party. Article 29 Annexes I and II, together with the Protocol, form an integral part of this Treaty.
Article 30 (ATP Kazakhstan: Article 96) This Treaty applies, on the one hand, in the territories to which the Treaties establishing the European Economic Community, the European Atomic Energy Community and the European Coal and Steel Community apply, and on the terms laid down in the basis of these treaties, and on the other hand, in the territory of the Republic of Kazakhstan.
Article 31 (ATP Kazakhstan: Article 97)
The Secretary General of the Council of the European Union will be the depositary of this Treaty.
Article 32 (ATP Kazakhstan: Article 98) This Agreement is drawn up in two copies, in Kazakh and Danish, Dutch, English, French, German, Italian, Spanish, Greek, Portuguese, and all texts are equally authentic.
Article 33 (ATP Kazakhstan: Article 99) This Agreement is subject to approval by the Parties in accordance with their own procedures.
This Agreement will enter into force on the first day of the second month following the date on which the Parties notify each other of the completion of the procedures specified in the first paragraph.
After entry into force, and with regard to relations between the Republic of Kazakhstan and the Community, this Treaty will replace Article 2, Article 3, with the exception of paragraph 4, and from Article 4 to Article 16 of the Agreement on Trade, Commercial and Economic Cooperation between the Union of Soviet Socialist Republics and the European Economic Community and the European Economic Community. atomic Energy, signed in Brussels on December 18, 1989. APPENDIX I Indicative list of benefits provided by the Republic of Kazakhstan to Independent States in accordance with Article 2, paragraph 3 1. Armenia, Belarus, Estonia, Georgia, Lithuania, Moldova, Ukraine, Turkmenistan, Russia.
Customs duties are not applied. Export duties are not applied to goods delivered under clearing and interstate agreements within the scope specified in these agreements.
Exports and imports are not subject to VAT. Excise duties are not applied to exports.
All independent States have export quotas for the supply of goods under annual interstate agreements on trade and cooperation, as well as for supplies for government needs.
2. Armenia, Belarus, Estonia, Georgia, Lithuania, Moldova, Ukraine, Turkmenistan.
Payments can be made in rubles. Russia - payments can be made in rubles and tenge. All Independent States have a special system of non-commercial transactions, including payments made in connection with these transactions.
3. All Independent States have a special system of current payments.
All Independent States have a special price system for trading certain raw materials and semi-finished products.
All Independent States have special transit conditions.
All Independent States have special conditions for customs procedures.
APPENDIX 2
CONVENTIONS ON INTELLECTUAL, INDUSTRIAL AND COMMERCIAL PROPERTY (ARTICLE 15)
Community acts referred to in article 15
- The first Council Directive 89 /104/EEC of December 21, 1988 on the approximation of the laws of the Member States concerning trademarks.
- Council Directive 87/54 EEC of December 16, 1986 on the legal protection of names of semiconductor products.
- Council Directive 91/250 EEC of May 14, 1991 on the legal protection of computer programs.
- Council Regulation (EEC) No. 1768/92 of June 18, 1992 concerning the creation of certificates for additional protection of medical products. - Council Regulation (EEC) No. 2081/92 of June 14, 1992 to protect geographical names and indexes of the origin of agricultural products and foodstuffs.
- Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules on copyrights and copyright-related rights applicable to satellite radio broadcasting and cable retransmission.
- Council Directive 93/98/EEC of October 29, 1993, harmonizing the terms of protection of copyright and other related rights.
- Council Directive 92/100 EEC of November 19, 1992 on the rights of lease and rental, as well as on certain rights related to copyright in the field of intellectual property.
In case of problems in the field of intellectual, industrial and commercial property, as indicated in
Urgent consultations will be held on the above-mentioned Community acts and those affecting the terms of trade, at the request of the Community or the Republic of Kazakhstan, in order to reach mutually acceptable solutions.
protocol ON MUTUAL ASSISTANCE BETWEEN ADMINISTRATIVE AUTHORITIES IN CUSTOMS MATTERS
Article 1 Definitions For the Purposes of this Protocol: (a) "Customs legislation" means the provisions applicable in the territory of the Parties with respect to the import, export, transit of goods and the application of any customs procedures, including prohibition, restriction and control measures, adopted by the Parties.;
b) "customs duties" means all duties, taxes and fees or any other mandatory payments that are accrued and collected in the territories of the Parties in accordance with customs legislation, but do not include fees and charges that are quantified limited to the approximate cost of services provided; c) "requesting authority" means the competent administrative authority that is appointed A Party for these purposes and who submits a request for assistance in customs matters;
(d) "Requested authority" means the competent administrative authority appointed by the Party for these purposes and which receives a request for assistance in customs matters; (e) "violation" means any violation of customs legislation, as well as any attempt to violate such legislation.
Article 2 Scope of application 1. The Parties will assist each other in the manner and under the conditions laid down in this Protocol in ensuring the proper application of customs legislation, in particular on the basis of the prevention, detection and investigation of cases of violations of this legislation.
2. Assistance in customs matters, as defined in this Protocol, applies to any administrative authority of the Parties that has competence to apply this Protocol. It does not prejudice the rules governing mutual assistance in combating crime. It also does not apply to information obtained by virtue of powers used at the request of judicial authorities, except in cases where such authorities agree to this. Article 3 Assistance on request 1. Upon request of the requesting authority, the requested authority provides it with all relevant information in order to enable it to ensure proper implementation of customs legislation, including information regarding their planned or ongoing activities that violate or may be carried out in violation of such legislation.
2. Upon request of the requesting authority, the requested authority shall inform it whether the goods exported from the territory of one of the Parties have arrived in the territory of the other Party in an appropriate manner, specifying, if necessary, the customs procedures applied to the goods. 3. Upon request of the requesting authority, the requested authority shall take the necessary measures to ensure continuous monitoring of: (a) natural or legal persons in respect of whom there are sufficient grounds to believe that they violate or have violated customs legislation; (b) places of storage of goods suspected of intentionally violating the customs legislation of the other Party; (c) movement of goods that may cause a significant violation of customs legislation; (d) vehicles in respect of which there is reason to believe that they have been used or may be used in violation of customs legislation.
Article 4 Assistance without request The Parties will provide assistance to each other without prior request in accordance with their laws, regulations and other legal mechanisms, if they deem it necessary for the proper application of customs legislation, in particular when they receive information related to: - transactions that have violated, violate or may violate this legislation and which may be of interest to other parties; - new ways or methods of conducting such operations;
- goods in respect of which it is known that they may be the subject of significant violations of customs legislation.
Article 5 Delivery/Notification Upon request of the requesting authority, the requested authority will take all necessary measures, in accordance with its legislation, to: - deliver all documents; - send notification of all decisions covered by the scope of this Protocol to the addressee residing or established in its territory. In this case, Article 6, paragraph 3, applies.
Article 6 Form and content of requests for assistance 1. Requests made on the basis of this Protocol must be submitted in writing. The documents required for its execution must be attached to the request. Verbal requests, when prompted by the urgency of the situation, can be accepted, but they must be immediately confirmed in writing.
2. Requests made pursuant to paragraph 1 of this Article must include the following information: (a) the authority making the request; (b) the requested measure;
(c) the subject matter and basis for the request; (d) laws, regulations, and other legal elements related to the request; (e) as accurate and comprehensive information as possible about the individual or legal entity being investigated; (f) a summary of relevant facts and information about investigations already conducted, Except as provided in Article 5.3. Requests shall be submitted in the official language of the requested competent authority or in a language acceptable to it.
4. If the request does not meet the formal requirements, a request may be made to correct or supplement it, however, an order may be given to take preliminary measures.
Article 7 Execution of requests for assistance 1. In order to fulfill a request for assistance, the requested authority or, in cases where the latter cannot act independently, the administrative department to which the request was sent by that authority, acts within its competence and taking into account the means at its disposal, as if it were acting on its own behalf, or upon request another authority of the Party concerned, providing information already available, conducting the necessary investigation or arranging for it to be conducted by others.
2. Requests for assistance are executed in accordance with the laws, regulations and other legal mechanisms of the requested Party.
3. Duly authorized officials of one of the Parties, with the consent of the other Party and in accordance with the conditions established by the latter, may obtain from the requested competent authority or another body accountable to it information concerning violations of customs legislation necessary for the requesting competent authority for the purposes of this Protocol.
4. Officials of a Party may, with the consent of the other Party and in accordance with the conditions established by the latter, be present during investigations on its territory.
Article 8 Form of information provision 1. The requested authority shall inform the requesting authority of the results of investigations in the form of documents, certified copies of documents, reports, etc. 2. The documents referred to in paragraph 1 may be replaced by computerized information provided in any form for similar purposes.
Article 9 Exceptions to the obligation to provide assistance 1. The Parties may refuse to provide assistance, as stipulated in this Protocol, if this could: (a) prejudice sovereignty, domestic policy, security or other fundamental interests; or (b) affect regulations governing issues related to currency or taxation., which are not different from regulatory legal acts related to customs duties; or (c) violate an industrial, commercial or professional secret.
2. If the requesting authority requests assistance that it would not be able to provide if it were asked to do so, it should draw attention to this fact in its request. In this case, the requested authority has the right to decide how to respond to this request. 3. If assistance is not fully provided or is refused, this decision and its reasons must be communicated in writing to the requesting authority without delay.
Article 1O Obligation of confidentiality 1. Any information provided in any form based on this Protocol is confidential. It should be subject to an official secrecy and protection regime similar to that existing under the relevant legislation regarding such information in the receiving country and the relevant provisions applicable to official Community bodies.
2. The provided data will not be shared if there are sufficient grounds to believe that the provision or use of the transmitted information would be contrary to the fundamental legal principles of one of the Parties, and especially if this person may suffer damage. The Party that received the information will inform the Party that provided it about the use of the information and the results obtained.
3. The information provided can be transferred to the customs authorities only if it is necessary for the prosecutor's office, judicial investigation and law enforcement agencies.
3. The information provided may be transferred to the customs authorities only if it is necessary for the prosecutor's office, judicial investigation and law enforcement agencies. Other persons or official authorities may obtain such information only after prior authorization from the competent authority that provided the information.
4. The Party providing the information will verify its accuracy. If it turns out that the information provided was incorrect or needs to be withdrawn, the receiving Party should be notified immediately. The receiving Party will be obliged to make corrections or delete what is necessary.
5. Without prejudice to cases of priority of the state interest, the interested person may receive, by making an appropriate request, information about the stored data and the reasons for their preservation.
Article 11 Use of information 1. The information received should be used exclusively for the purposes of this Protocol and may be used by each Party for other purposes only with the prior written consent of the competent authority that provided the information, and should be subject to all restrictions established by that authority.
2. Paragraph 1 should not prevent the use of information in any judicial or administrative proceedings established in connection with non-compliance with customs legislation.
3. The Parties may use as evidence the information received and documents taken into account as reference documents in accordance with the provisions of this Protocol in the protocol records of submitted evidence, reports and witness statements submitted during the proceedings and ordered or requested before the trial.
Article 12 Experts and Witnesses An official of the competent authority may be granted permission, within the limits of his authority, to appear as an expert or witness in judicial or administrative proceedings concerning matters covered by this Protocol and falling under the jurisdiction of the other Party, and to submit such items, documents or certified copies thereof as may be required. for the process. The requirement to appear in court or to formally submit to its jurisdiction must contain a special indication on what issue and on what basis or conditions this official will be questioned.
Article 13 Assistance costs The Parties must waive all mutual claims for reimbursement of expenses incurred in the implementation of this Protocol, with the exception, if necessary, of expenses for experts and witnesses, as well as interpreters and translators who are not in public service.
Article 14 Implementation 1. Guidance on the implementation of this Protocol will be entrusted to the central customs authorities of the Republic of Kazakhstan, on the one hand, and the competent services of the Commission of the European Communities and, if appropriate, to the Customs authorities of the Member States of the European Union, on the other hand. They will make decisions on all practical arrangements and agreements necessary to implement the Protocol, taking into account the rules in the field of information protection. They may recommend to the Cooperation Council to amend this Protocol as they deem necessary.
2. The Parties will hold mutual consultations and further inform each other about the detailed rules of practical implementation adopted in accordance with the provisions of this Protocol.
Article 15 Complementarity 1. This Protocol will complement and not hinder the application of any agreement concluded between individual or several Member States of the European Communities and the Republic of Kazakhstan. He also does not exclude the wider provision of mutual assistance under such agreements.
2. Without prejudice to the provisions of Article 11, these agreements shall not prejudice the provisions in force in the Community governing the transfer between the competent services of the Commission and the Customs authorities of the Member States of any information received on Customs matters of interest to the Community.
To ratify the Interim Agreement on Trade and Related Issues between the European Community, the European Coal and Steel Community, the European Atomic Energy Community, on the one hand, and the Republic of Kazakhstan, on the other hand, signed on December 5, 1995 in Brussels.
Law of the Republic of Kazakhstan dated December 31, 1996 No. 62-I
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