AGREEMENT

of May 17, 2018

About trade and economic cooperation between the Eurasian Economic Union and its state members, on the one hand, and People's Republic of China, on the other hand

Preamble

The Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation (further the referred to as "state members of EEU") and the Eurasian Economic Union (further referred to as EEU), on the one hand, and People's Republic of China (further referred to as China), on the other hand

Recognizing long friendship and strong commercial and commercial intercourses between the states by members of the Eurasian Economic Union and China, and wishing to strengthen their joint partnership; WISHING to create environment and conditions for development of mutual commercial intercourses and promotion of economic cooperation between the Parties in the areas which are of mutual interest;

Recognizing importance of economic integration in the Pacific Rim and in Eurasia, and also importance of interface of the Eurasian Economic Union and initiative "One belt, One way" as instrument of creation of strong and stable commercial intercourses in the region;

Confirming their right to perform regulation for goal achievement of national policy and keeping the opportunities for ensuring public wellbeing which are available for them;

Agreed as follows:

Chapter 1 General provisions

Article 1.1 General provisions and determinations

For the purposes of this agreement if other is not provided:

(a) "Agreement on agricultural industry" - The agreement on agricultural industry in Appendix 1 A to the Agreement of the WTO;

(b) "The agreement on special protective measures" - the Agreement on special protective measures in Appendix THAT to the Agreement of the WTO;

(c) "The agreement on anti-dumping measures" - the Agreement on application of Article VI of the General Agreement on Tariffs and Trade of 1994 in Appendix 1 A to the Agreement of the WTO;

(d) "The agreement on assessment of customs value" - the Agreement on application of article VII of the General Agreement on Tariffs and Trade of 1994 in Appendix 1 A to the Agreement of the WTO;

(e) "days" - calendar days, including days off and holidays;

 (f) "The Eurasian economic commission" - the permanent regulating authority EEU created according to the Agreement on the Eurasian Economic Union of May 29, 2014 (further the referred to as "Agreement on EEU");

(g) "GATT of 1994" - the General Agreement on Tariffs and Trade of 1994 and explanatory notes to it in Appendix 1 A to the Agreement of the WTO;

(h) "Parties" on the one hand, EEU within its competence established according to the Agreement on EEU and/or state members of EEU, and, on the other hand, China;

 (i) "The agreement of SKM" - the Agreement on subsidies and countervailing measures in Appendix 1 A to the Agreement of the WTO;

 (j) "The agreement of SFS" - the Agreement on application of sanitary and phytosanitary measures in Appendix 1 A to the Agreement of the WTO;

(k) "The agreement of TBT" - the Agreement on technical barriers in trade in Appendix 1 A to the Agreement of the WTO;

(l) "The agreement the THRIPS" - the Agreement on trade aspects of intellectual property rights in Appendix 1 C to the Agreement of the WTO;

(m) "The agreement of the WTO" - the Marrakesh Agreement on creation of the World Trade Organization of April 15, 1994;

(n) WTO - the World Trade Organization created according to the Agreement of the WTO.

Article 1.2 Purpose

Agreements the Purpose of this agreement is creation of basis for further development of the economic relations between the Parties by ensuring cooperation in the spheres covered by this agreement and simplifications of interaction between the Parties on the questions covered by this agreement.

Article 1.3 Territorial application

Only for the purposes of accomplishment of this agreement, this agreement is applied on all customs area of each of the Parties.

The article 1.4 Ratio with other agreements

1. The parties confirm the rights and obligations concerning each other under the Agreement of the WTO, and also according to bilateral agreements which participants is the state member of EEU and China.

2. In case of discrepancy between the provision of this agreement and provision of the Agreement of the WTO, this provision of the Agreement of the WTO will prevail regarding such discrepancy.

H. In case of the discrepancy mentioned in Item 2 of this Article, the Parties without delay hold consultations with the purpose of development of the mutually acceptable decision.

4. If any bilateral agreement which participants are the state member of EEU and China concerning the questions covered by this agreement provides the mode more favorable, than that which is provided under this agreement, provision of such more favorable mode will prevail.

Chapter 1.5 of Consultation

Any disputes arising in connection with this agreement shall be settled by the Parties by consultations with the purpose of achievement of the mutually acceptable decision.

Article 1.6 Most favored nation treatment

Article GATT 1994 and explanatory notes to it, and also any exception, withdrawal and temporary release from the obligation to provide the mode, stipulated in Article GATT 1994 applicable according to the Agreement of the WTO, are incorporated in this agreement and constitute its integral part.

Article 1.7 National treatment

Article III GATT 1994 and explanatory notes to it, and also any exception, withdrawal and temporary release from the obligation to provide the mode, stipulated in Article III GATT 1994 applicable according to the Agreement of the WTO, are incorporated in this agreement and constitute its integral part.

Article 1.8 the Payments, charges and formalities connected with import and export

Articles VIII GATTs 1994 and explanatory notes to it, and also any exception, withdrawal and temporary release from the obligation to provide the mode, stipulated in Article the VIII GATT 1994, applicable under the Agreement of the WTO, are incorporated in this agreement and constitute its integral part.

Article 1.9 General exceptions

Provided that such measures are not applied thus which could become means of any or unjustified discrimination between the countries in which identical conditions prevail, or the hidden restriction of international trade, nothing in this agreement shall be interpreted as interfering acceptance or application of measures by the Party:

(a) necessary for protection of public morals;

(b) necessary for protection of life or health of the person, animals or plants;

(c) belonging to import or export of gold or silver;

(d) necessary for ensuring compliance to the laws or rules which are not contradicting provisions GATTs 1994, including those which belong to ensuring compliance with the customs legislation, rules about the monopolies operating according to item 4 of article II and article XVII GATT 1994, to protection of the patents, trademarks and copyright and the prevention the practician misleading;

(e) belonging to the goods made by prisoners;

(f) the national treasures of art, historical or archaeological value accepted for protection;

(g) the exhausted natural resources relating to preservation if similar measures are carried out along with restriction of internal production or consumption;

(h) the domestic materials connected with restriction of export, enough such materials of domestic processing industry, necessary for providing, during the periods when internal price on such materials remains at lower level, than the world price as part of the plan of stabilization performed by the government; provided that such restrictions do not promote expansion of export or protection of this domestic industry and do not depart from the provisions GATTs 1994 concerning nondiscrimination;

(i) essential to acquisition or distribution of the goods which are scarce in general or for the specific region; provided that any such measures are compatible to the principle that the Parties have the right to fair share in international supplies of such goods and that any such measures not compatible to other provisions GATTs 1994, stop as soon as the conditions which became the reason of their application ceased to exist.

Article 1.10 of the Exception for safety reasons

 Nothing in this agreement shall be interpreted:

(a) as the requirement to the Party to provide any information which disclosure she considers to the contradicting essential interests of its safety; or

(b) as interfering the Party to take such actions which she considers necessary for protection of essential interests of the safety

(i) concerning the split materials or materials from which they are made;

(ii) concerning arms trade, ammunition and military materials, and also trade in other goods and materials which is performed, directly or indirectly, for the purposes of supply of armed forces;

(iii) undertaken in wartime or in other force majeure in the international relations; or

(c) as interfering the Party to take any actions in pursuance of its obligations for Articles of organization of the United Nations for preservation of peace around the world and the international security.

Article 1.11 Disclosure of Confidential Information

Nothing in this agreement demands from the Party to provide confidential information which disclosure would interfere with law enforcement or otherwise would contradict public concerns or would cause damage to legitimate commercial interests of the separate companies, state or private.

Chapter 2 Transparency

Article 2.1 Purpose

The purpose of this Chapter is creation of the effective mechanisms and rules connected with the publication and application of the measures of common application relating to the questions regulated by this agreement.

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