The agreement on single measures of non-tariff regulation concerning the third countries

of January 25, 2008

The government of the Republic of Belarus, the Government of the Republic of Kazakhstan and the Government of the Russian Federation which are hereinafter referred to as with the Parties

aiming to create single customs area of the states of the Parties and to provide favorable conditions for effective functioning of custom union,

proceeding from need of carrying out the approved foreign trade policy on the principles of nondiscrimination, publicity, mutual advantage and protection of national interests,

aiming to establish single import procedure of goods from the states of the Parties, not being participants of this agreement (country daleetret), on customs areas of the states of the Parties and on single customs area of the states of the Parties after its creation and commodity export from these territories,

considering need of application of single measures of non-tariff regulation concerning the third countries,

being guided by the conventional principles and rules of international law,

agreed as follows:

Article 1. Basic concepts

The concepts used in this agreement mean the following:

1) "foreign trade activity" - activities for implementation of transactions in the field of foreign trade in goods;

2) "foreign trade in goods" - export and (or) commodity import. Movement of goods from one part of customs area of the state of the Party on other part of its customs area if such parts are not connected among themselves by the overland territory, and also through customs area of foreign state is not foreign trade in goods;

3) "single customs area" - the territory consisting of customs areas of the states of the Parties;

4) "commodity import" - commodity importation from customs areas of the third countries on customs area of the state of the Party or on single customs area of the states of the Parties after its creation without obligation about the return export;

5) "exclusive export right and (or) import of separate types of goods" - the right to the implementation of foreign trade activity concerning separate types of goods granted on the basis of the license which is granted by authorized state body of the executive authority;

6) "quantitative restrictions of export and (or) import" set of measures for quantitative restriction of foreign trade in goods which can be entered by establishment of quotas;

7) "license" and (or) "permission" - special documents which availability confirms the right of implementation of export and (or) commodity import;

8) "licensing" - the complex of administrative measures establishing procedure for provision of licenses and (or) permissions;

9) "observation of export and (or) import of separate types of goods" - the temporary measure established for the purpose of monitoring of dynamics of export and (or) import of separate types of goods (automatic licensing);

10) "allowing procedure" - the procedure of the foreign trade transactions with separate types of goods providing licensing or other administrative measures of regulation of foreign trade activity, and also customs control and customs clearance of such goods moved out of limits of customs area of the state of the Party or out of limits of single customs area of the states of the Parties after its creation;

11) "authorized state body of the executive authority" - the executive body of the state of the Party given the right of issue of licenses and (or) permissions;

12) "participants of foreign trade activity" - the legal entities and the organizations who are not legal entities, registered in the state of one of the Parties and created according to the legislation of this state, the physical persons taking the permanent or preferential residence in the territory of the state of one of the Parties, being citizens of this state or having the right of permanent residence in it or registered as individual entrepreneurs according to the legislation of this state;

13) "commodity export" - commodity exportation from customs area of the state of the Party or from single customs area of the states of the Parties after its creation on customs areas of the third countries without obligation about the return import;

14) "measures of non-tariff regulation" - the package of measures of regulation of foreign trade in goods performed by introduction of quantitative and other prohibitions and restrictions of economic nature.

Article 2. Application of single measures of non-tariff regulation

1. On single customs area single measures of non-tariff regulation on the basis of the basic principles stated in Articles 3 - the 6 and 9 this agreement are applied in trade with the third countries.

2. The procedure for introduction and application of single measures of non-tariff regulation is determined by free standing agreements of the Parties.

Article 3. Quantitative restrictions

1. Export and commodity import during implementation of trade with the third countries are performed without the quantitative restrictions, except as specified, provided by this Article.

2. In exceptional cases can be established:

1) temporary restrictions or prohibitions of commodity export for prevention or reduction of critical shortcoming in the domestic market of food or other products which are significantly important for the domestic market;

2) restrictions of import of the agricultural goods or water biological resources imported in any kind if it is necessary:

reduce production or sale of similar domestic goods;

reduce production or sale of domestic goods which can be directly replaced with import goods if there is no considerable production of similar domestic goods;

remove from the market temporary excess of similar domestic goods by provision of this excess to some customer groups it is free or at the prices below market;

remove temporary excess of domestic goods which can be directly replaced with import goods from the market if there is no considerable production of similar domestic goods, by provision of this excess to some customer groups it is free or at the prices below market;

limit production of animal products which production completely or generally depends on the imported goods if production of similar domestic goods is insignificant.

Article 4. Exclusive export right and (or) import of separate types of goods

1. Implementation of foreign trade activity can be limited by provision of exclusive export right and (or) import of separate types of goods.

2. The exclusive export right and (or) import of separate types of goods is performed based on the license.

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