Agreement on single rules of determination of the country of goods' origin
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
for the purpose of simplification and harmonization of customs procedures in trade with the states of the Parties, not being participants of this agreement (further - the third countries),
wishing to create favorable conditions for development of trade on the basis of mutual advantage and international law,
aiming at strengthening of multilateral trade system,
agreed as follows:
1. On single customs area of the states of the Parties Rules of determination of the country of goods' origin according to the appendix constituting integral part of this agreement are applied to the goods coming from the third countries, except for goods, occurring from developing and the least developed countries and the countries having free-trade treaties which participants are all states of the Parties.
2. Rules of determination of goods origin from developing and the least developed countries affirm the free standing agreement between the Parties.
3. The rules of determination of the country of goods' origin established by this agreement are applied to the goods coming from the country having the free-trade treaty which participants are all states of the Parties.
The disputes between the Parties connected with interpretation and (or) application of provisions of this agreement are permitted by consultations and negotiations, and in case of default of agreement such disputes are submitted to Court of Eurasian economic community.
By agreement of the Parties changes which are drawn up by separate protocols of the Parties can be made to this agreement.
Procedure for the introduction of this agreement in force, accession to it and exit from it are determined by the Protocol on procedure for entry into force of the international treaties directed to forming of the contractual legal base of custom union, exit from them and accessions to them of October 6, 2007.
It is made in the city of Moscow on January 25, 2008 in one authentic copy in Russian.
The authentic copy of this agreement is stored in Integration Committee of Eurasian economic community which, being its depositary, and will send to each Party its verified copy.
For the Government
Republic of Kazakhstan
For the Government
For the Government
Republic of Belarus
to the Agreement on single rules of determination of the country of goods' origin
1. The concepts used in these rules mean the following:
value added - difference between the goods price on conditions "ex-works" and cost used for its production of import raw materials and materials;
batch - goods which go according to one transport document to one consignee one consignor, and also the goods sent on one post delivery note or moved as hand luggage with one physical person crossing customs border;
the country of goods' origin - the country in which goods were completely made or subjected to sufficient conversion according to the criteria of sufficient conversion of goods established by these rules. At the same time the group of the countries, either custom unions of the countries, or the region or part of the country can be understood as the country of goods' origin if there is need of their allocation for the purposes of determination of the country of goods' origin;
the price on conditions "ex-works" - the goods price which is subject to payment to his producer who performed the last essential conversion of goods less all internal taxes which are paid or can be paid in case of its export.
2. As the goods which are completely made in this country are considered:
1) the minerals extracted from country subsoil in its territorial sea (waters) or at the bottom of this sea;
2) the products of plant origin which are grown up or collected in this country;
3) the live animals who were born and grown up in this country;
4) products received in this country from the animals who are grown up in it;
5) products received as a result of hunting and fishing trade in this country;
8) products received from seabed or from sea subsoil outside the territorial sea (waters) of this country provided that this country has exclusive rights on development of resources of this seabed or this sea subsoil;
9) the waste and scrap (secondary raw materials) received as a result of production or other operations on conversion in this country, and also which were in the use of product, collected in this country and suitable only for conversion in raw materials;
10) products of high technologies received in outer space on space objects if this country is the state of registration of the corresponding space object;
11) the goods made in this country only of products specified in subitems 1-10 of this Item.
3. If two countries and more participate in production of goods, the country of goods' origin the country in which the last transactions on conversion or production of goods answering to criteria of sufficient conversion were performed, established according to these rules is considered.
4. If concerning separate types of goods or any country of feature of determination of the country of goods' origin according to Item 6 of these rules especially do not make a reservation, the goods are considered the events from this country if as a result of implementation of transactions on conversion or production of goods there was change of classification code of goods according to the Single commodity nomenclature of foreign economic activity at the level of any of the first four signs.
5. Irrespective of provisions, stipulated in Item 4 these rules, do not answer criteria of sufficient conversion:
1) transactions on ensuring safety of goods during its storage or transportation;
2) transactions on preparation of goods for sale and transportation (division of batch, forming of sendings, sorting, repacking) of transaction on disassembly and assembly of packaging;
3) simple assembly transactions and transactions on disassembly of goods, and also other transactions which implementation significantly does not change goods condition, according to the list determined by the Commission of custom union according to the Agreement on the Commission of custom union of October 6, 2007;
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