DECISION OF BOARD OF THE EURASIAN ECONOMIC COMMISSION

of January 17, 2023 No. 8

About availability of violation of general competition rules in the cross-border markets

The board of the Eurasian economic commission (further - the Commission) according to subitems 3 and 4 of Item 10 of the Protocol on the general principles and competition rules (appendix No. 19 to the Agreement on the Eurasian Economic Union of May 29, 2014) (further respectively - the Protocol, the Agreement), Items 44 and 45 of the Procedure for the hearing of cases on violation of general competition rules in the cross-border markets approved by the Decision of Council of the Eurasian economic commission of November 23, 2012 No. 99, considered question of violation of general competition rules in the cross-border markets on the case of violation of general competition rules in the cross-border markets of range of services on training, the organization and carrying out intermediate and final control of training and the gained knowledge, check of observance of qualifying standards, production and issue of the appropriate certificate, the certified public accountant confirming assignment and availability of professional qualification - CIPA/CPA/CPA EURASIA (further - case).

By results of consideration of case papers, based on provisions of the international treaties and regulatory legal acts entering the right of the Eurasian Economic Union in the field of the competition, having studied the actual facts of the case and conclusions of the commission on consideration of the case provided in descriptive and motivation parts of this Decision according to appendix, being guided by the Calculation procedure and procedure for imposing of penalties for violation of general competition rules in the cross-border markets approved by the Decision of Council of the Eurasian economic commission of December 17, 2012 No. 118 (further - the Calculation procedure and procedure for imposing of penalties), the Board of the Commission solved:

1. Recognize actions (failure to act) of the professional organization of accountants "Chamber of professional accountants of the Republic of Kazakhstan" (further - POB "PPB RK") (The Republic of Kazakhstan, Almaty, Prospekt Seyfullina, 597A, et. 7, office 703, 704, RN 91758-1910-POB, RNN 600300511060, registration date on April 15, 2008, the BIN 080440011737), "Eurasian Institute of the Certified Public Accountants" limited liability partnerships (further - EISPB LLP) (The Republic of Kazakhstan, Almaty, Prospekt Seyfullina, 597A, et. 7, office 703, 704, RNN 600700699647, registration date on April 9, 2014, the BIN 140440009917), public association "Institute of professional accountants and auditors of Kyrgyzstan" (further - OO "IPBIAK") (The Kyrgyz Republic, Bishkek, Ulitsa Ibraimova, 115A, et. 3, incorporated bank. 305, PH 146235-3301-OO, registration date on May 14, 2015, TIN 01405201510190) and SIPAEN organizations (Kyrgyz Republic, Bishkek, Ulitsa Ibraimova, 115A, et. 3, office 304, RN 127470-3301-U-e, registration date on November 13, 2017, TIN 00102201310152) during the period from January 1, 2015 to December 31, 2020 which entered and (or) could mislead consumers in the cross-border market of range of services on training, the organization and carrying out intermediate and final control of training and the gained knowledge, to check of observance of qualifying standards, production and issue of the appropriate certificate confirming assignment and availability of professional qualification of the certified public accountant - CIPA/CPA/CPA EURASIA, concerning nature, method and the place of rendering, consumer properties, quality and the number of such services or concerning their producer, violation of provisions of the subitem 2 of Item 2 of article 76 of the Agreement.

2. Recognize lack of the bases for the termination of consideration of the case.

3. According to the subitem 1 of Item 16 of the Protocol and the Calculation procedure and procedure for imposing of penalties to order to pay the following fines:

POB "PPB RK" - in the amount of 662 500 Russian rubles;

EISPB LLP - in the amount of 662 500 Russian rubles;

OO "IPBIAK" - in the amount of 662 500 Russian rubles;

to SIPAEN organization - in the amount of 662 500 Russian rubles.

The fines which are ordered to pay by this Decision are subject to payment according to the procedure, established by Items 17 and 18 of the Protocol (bank details for payment of penalties: business entities (subjects of the market) registered in the territory of the Republic of Kazakhstan - KBQ 204176, KNP 913; business entities (subjects of the market) registered in the territory of the Kyrgyz Republic - TIN 02802200610325, the May Day RNI 004 Code, the receiver May Day FATE, BIC 440201, the Central Treasury under MF KR, Account No. 4402011001002463, profitable payment code 14311400).

4. Oblige POB "PPB RK", EISPB LLP, OO "IPBIAK" and SIPAEN organization to stop to make the actions violating provisions of the subitem 2 of Item 2 of article 76 of the Agreement including:

a) perform informing consumers and (or) potential consumers of the services required for carrying out certification of CIPA on possibility of receipt of services of POB "PPB RK", EISPB LLP, OO "IPBIAK" and SIPAEN organization in case of lack at them of accreditation and (or) other legal basis for rendering the corresponding services;

b) place and extend, including on the Internet, information promoting damnification of goodwill of participants of the cross-border markets of range of services on training, the organization and carrying out intermediate and final control of training and the gained knowledge, check of observance of qualifying standards, production and issue of the appropriate certificate confirming assignment and availability of professional qualification of the certified public accountant - CIPA/CPA/CPA EURASIA.

5. Oblige POB "PPB RK", EISPB LLP, OO "IPBIAK" and SIPAEN organization to make the following actions:

a) exclude earlier placed information leading to the effects specified in the subitem "b" of item 4 of this Decision from access;

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