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AGREEMENT BETWEEN THE GOVERNMENT RUSSIAN FEDERATION, GOVERNMENT OF THE REPUBLIC OF BELARUS AND GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of January 25, 2008

On single customs and tariff regulation

(Protocol as amended of 25.09.2013)

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

for the purpose of assistance to deepening of economic integration and implementation of fair competition,

being guided by the universally recognized norms and rules of international trade,

agreed as follows:

Article 1

1. On single customs area of the Party apply the Common customs tariff.

2. The common customs tariff is the instrument of trade policy of custom union.

3. Main objectives of the Common customs tariff are:

1) rationalization of commodity structure of commodity importation on single customs area;

2) maintenance of rational ratio of export and commodity importation on single customs area of the states of the Parties;

3) creation of conditions for progressive changes in structure of production and consumption of goods in custom union;

4) protection of economy of custom union against adverse effect of foreign competition;

5) providing conditions for effective integration of custom union into world economy.

Article 2

The concepts used in this agreement mean the following:

"The basic list of the Common customs tariff" - the code of rates of import customs duties concerning which the Parties reach consent on their sizes in the Common customs tariff;

"import customs duty" - the obligatory payment levied by customs authorities in case of commodity importation on single customs area of the states of the Parties;

"extra quote rate of import customs duty" - the rate of import customs duty established on the goods imported over the established tariff quota;

"intra quote rate of import customs duty" - the rate of import customs duty established on the goods imported within the established tariff quota;

"Common customs tariff" - the code of rates of the customs duties applied to the goods imported on single customs area from the third countries, systematized according to the Single commodity nomenclature of foreign economic activity;

"The single Commodity nomenclature of foreign economic activity" (further - single the Commodity Nomenclature of Foreign Economic Activity) - the Commodity nomenclature of foreign economic activity based on the Harmonized commodity description and coding system of World Customs Organization;

"rate of import customs duty" - the amount (size) of the import customs duty;

"customs tariff" - the code of rates of the import customs duties applied in the states of the Parties before establishment of the Common customs tariff;

"tariff quota" - the measure of regulation of import to single customs area of the states of the Parties of separate types of goods providing application during the certain period of lower rate of import customs duty when importing certain goods quantity (in natural or value term) and higher rate of import customs duty over this quantity.

Article 3

1. In the Common customs tariff the following types of rates of import customs duties are applied:

1) ad valorem, charged as a percentage to customs value of leviable goods;

2) specific, charged for unit of leviable goods;

3) the combined, combining both types specified in subitems 1 and 2 of this Item.

2. Rates of import customs duties of the Common customs tariff are single and are not subject to change depending on persons moving goods through customs border, types of the transactions and other circumstances, except as specified, provided by this agreement.

3. For operational regulation of commodity importation on single customs area, if necessary, seasonal customs duties which effective period cannot exceed six months in year, and applied instead of import customs duties can be established.

Article 4

1. Forming of the Common customs tariff is performed by the Parties taking into account the following factors:

the level of unification of customs tariffs reached by the Parties during implementation of the Agreement on the General customs tariff of the State Parties of custom union of February 17, 2000;

import of specific goods on customs areas of the states of the Parties;

sensitivity of rates of import customs duties for specific industry of the industry;

international obligations of the Parties.

2. The parties will approve the principles and procedure for forming of the Common customs tariff, including terms, stages, obligations of the Parties about approval of decisions on change of rates of import customs duties during forming of the Common customs tariff, condition and the mechanism of application of the tariff quotas.

3. The parties, as a rule, do not change unilaterally the rates of import customs duties provided by the Basic list of the Common customs tariff.

4. The parties at least once a quarter hold negotiations on approval of rates of import customs duties for the purpose of forming of the Common customs tariff.

Results of negotiations are drawn up by protocols which go to the Commission of custom union founded according to the Agreement on the Commission of custom union of October 6, 2007 (further - the Commission).

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