Agreement between the Government of the Republic of Tajikistan and Government of the Republic of Belarus on free trade
of September 3, 1998
1. The parties do not apply the customs duties, and also quantitative restrictions on import and/or commodity exportation, occurring from customs area of the state of one of the Parties and intended for customs area of the state of other Party. Exceptions of this trade regime according to the approved nomenclature of goods are drawn up by the separate Protocol which is integral part of this agreement.
2. According to Item 1 of this Article of the Party within one year from signature date of this agreement will develop and will approve the general list of withdrawals from free trade regime.
3. For the purposes of this agreement and for its action the goods coming from customs areas of the states of the Parties are understood as goods according to the Rules of determination of the country of goods' origin of September 24, 1993 approved by the decision of Council of Heads of Government of the Commonwealth of Independent States.
The parties will not be:
- enter concerning the import or commodity export falling under action of this agreement, any special restrictions or requirements which in similar situation are not applied to the similar goods of internal production or goods coming from the third countries;
- apply to warehousing, overload, storage, transportation of goods by origin from the state of other Party, and also payments and payment transfer of the rule others, than those which are applied in similar cases to own goods or goods by origin from the third countries.
The parties in mutual trade will abstain from application of quantitative restrictions for export and/or commodity import within this agreement. The parties can set quantitative restrictions unilaterally, but only for strictly certain term.
The specified restrictions shall have exclusive nature and can be applied only in cases:
acute shortage of these goods in the domestic market (before stabilization of the situation in the market);
acute shortage of paying balance (before stabilization of the situation with paying balance);
if any goods are imported on the territory of the state of one of the Parties in such increased quantities or on such, conditions which cause or threaten to cause damage to domestic manufacturers of the similar and directly competing goods;
for the purpose of implementation of measures, stipulated in Article 5th this agreement.
The party applying restrictions according to this Article shall provide beforehand to other Party the complete information about basic reasons of introduction, forms and expected terms of application of the mentioned restrictions then consultations are appointed. The decisions made during consultations are drawn up by the relevant documents.
In case of the choice of measures according to this Article of the Party will give priority to those from them which exert the smallest negative impact on goal achievement of this agreement.
All calculations and payments for trade and economic cooperation between business entities of the states of the Parties will be made according to the Agreement between authorized banks of the states of the Parties.
The parties agreed not to allow re-export of goods to which export the Party from which customs area of the state there are these goods applies measures of quoting and licensing.
Re-export of the goods specified in part one of this Article can be performed only in the presence of the written permission issued by authorized department of the Party from which territory of the state there are goods. In case of uncoordinated re-export of such goods, the state in the territory of which they was are made, have the right to require compensation of the suffered damage. In case of non-compliance with this provision the Party which interests of the state are violated has the right to enter unilaterally measures for regulation of export of such goods on the territory of the state of other Party which allowed uncoordinated re-export.
Re-export is understood as commodity exportation, the state of one Party coming from customs area, other Party out of limits of customs area of its state for the purpose of export to the third country.
The parties will regularly communicate about the laws and other regulations connected with economic activity including concerning trade, investments, the taxation, banking and insurance activity and other financial services, on transport and customs questions, including the customs statistics concerning the states of the Parties.
The parties will report without delay each other about changes in the national legal system which can influence accomplishment of this agreement.
Authorized bodies of the Parties will approve procedure for exchange of such information.
Provisions of this Article will not be:
be interpreted as binding competent authorities of the either party to provide information which cannot be received by the legislation or during customary administrative practice of one of the Parties;
provide information which would open any trade, entrepreneurial, industrial, trade or professional secrecy, either trade process, or other information which transfer would contradict state interests of the Parties.
The parties will aim to pull together levels of rates of the customs duties applied in trade with the third countries and for this purpose agreed about carrying out regular consultations.
The parties will inform each other on all exceptions from the rules about customs tariffs existing in their states.
The parties recognize incompatible with this agreement purposes unfair business practice, and not allow and eliminate its following methods:
- agreements between the companies, the decisions made by their associations and the common methods of business practice aiming to prevent or limit the competition or to violate conditions for it in the territories of the states of the Parties;
- actions by means of which one or several companies use the dominant position, limiting the competition on all or on considerable part of the territory of the states of the Parties.
When implementing the bilateral economic relations, for exchange of statistical information, carrying out customs procedures of the Party agreed to use the Commodity nomenclature of foreign economic activity of the Commonwealth of Independent States (the Commodity Nomenclature of Foreign Economic Activity of the CIS) based based on the Harmonized commodity description and coding system of World Customs Organization. At the same time for own needs of the Party if necessary perform development of the Commodity nomenclature outside nine signs.
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