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DECISION OF ECONOMIC COURT OF COMMONWEALTH OF INDEPENDENT STATES

of May 20, 2008 No. 01-1/6-07

Economic Court of the Commonwealth of Independent States in structure:

the chairman - the Chairman of Economic Court of the CIS Abdulloyev F.,

judges of Economic Court of the CIS: Zholdybayeva S. Zh., Kerimbayeva A. Sh., Miroshnik V. P., Molchanovy T.N.,

in case of the court clerk Medvedeva T. E.,

with participation of the representative of Commonwealths of Independent States Executive committee Vezhnovts V. N., the General adviser of Economic Court of the CIS Yukevich V. A., Petrovsky K.G. specialist,

having considered case on request of Commonwealths of Independent States Executive committee on interpretation, USTANOVIL in proceeding in open court:

The executive committee of the Commonwealth of Independent States appealed to Economic Court of the Commonwealth of Independent States with request about interpretation of Item 4 of the Rules of determination of the country of goods' origin approved by the Decision of Council of Heads of Government of the Commonwealth of Independent States on Rules of determination of the country of goods' origin of November 30, 2000 (further - Rules of November 30, 2000), and the List of conditions, production and technological operations in case of which accomplishment the goods are considered the events from that country in which they took place (Appendix 1 to Rules of determination of the country of goods' origin).

In request the Executive committee of the CIS asks to explain whether use of the advanced engineering procedures other than the processes specified in the third column of the List of conditions production and technological transactions in case of which accomplishment the goods are considered the events from that country in which they took place (further - the List) can, to be considered as accomplishment of the necessary conditions, production and technological operations sufficient in order that the goods were considered as the events from that country where these transactions took place, in subitem sense) parts two of Item 4 of Rules of November 30, 2000.

Having heard the judge-speaker Molchanova T. N., having discussed the conclusions of the General adviser of Economic Court of the CIS Yukevich V. A., Petrovsky K.G. specialist and having researched the materials which are available in case, the Economic Court of the CIS came to the following conclusions.

The economic Court of the CIS performs interpretation, being guided by Articles 31, 32 Vienna conventions on the right of international treaties of May 23, 1969.

In the Commonwealth of Independent States the legal base in case of determination of the country of goods' origin constitute the Decision of Council of Heads of Government of the Commonwealth of Independent States on Rules of determination of the country of goods' origin of September 24, 1993; The Agreement on creation of the free trade area of April 15, 1994 with the amendments made by the Protocol of April 2, 1999 on modification and amendments to the Agreement on creation of the free trade area of April 15, 1994 (further - the Agreement of April 15, 1994); The Decision of Council of Heads of Government of the Commonwealth of Independent States on Rules of determination of the country of goods' origin of November 30, 2000.

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