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AGREEMENT

of November 20, 2009

About Rules of determination of the country of goods' origin in the Commonwealth of Independent States

(as amended on 31-05-2019)
Article 1

For the purpose of application of measures of tariff and non-tariff regulation of the Party accept the Rules of determination of the country of goods' origin which are integral part of this agreement.

Article 2

By mutual consent of the Parties changes and additions which are its integral part which are drawn up by the protocols which are becoming effective according to Article 4 of this agreement can be made to this agreement.

Article 3

The matters of argument between the Parties arising in case of application and interpretation of provisions of this agreement are solved by consultations and negotiations of the Parties.

Article 4

This agreement becomes effective after 30 days from the date of receipt by depositary of the third notification on accomplishment by the Parties of the interstate procedures necessary for its entry into force which signed it.

For the Parties which performed interstate procedures later this agreement becomes effective after 30 days from the date of receipt by depositary of the relevant documents.

This agreement is signed sine die. Each of the Parties can leave this agreement, having sent the written notice of it to depositary. In this case this agreement stops the action concerning this Party in 6 months from the date of receipt by depositary of such notification.

Article 5

This agreement after its entry into force is open for accession of any State Party of the Commonwealth of Independent States by transfer to depositary of the document on accession.

For the joining state this agreement becomes effective after 30 days from the date of receipt by depositary of the document on accession.

It is made in the city of Yalta on November 20, 2009, in one authentic copy in Russian. The authentic copy is stored in Executive committee of the Commonwealth of Independent States which will send to each state which signed this agreement, its verified copy.

For the Government of the Azerbaijan Republic

For the Government of the Russian Federation

For the Government of the Republic of Armenia

For the Government of the Republic of Tajikistan

For the Government of the Republic of Belarus

For the Government of Turkmenistan

For the Government of the Republic of Kazakhstan

For the Government of the Republic of Uzbekistan

For the Government of the Kyrgyz Republic

For the Government of Ukraine

For the Government of the Republic of Moldova

 

Appendix

to the Agreement on rules of determination of the country of goods' origin

Rules of determination of the country of goods' origin

The procedure for determination of the country of goods' origin, the State Parties of the Agreement imported on customs areas from the third countries and taken out to the third countries from these states, is regulated by the national legal system of the State Parties of the Agreement and international treaties.

Section 1. Terms and concepts

For the purposes of these rules the following terms and concepts are used:

the country of goods' origin - the country in which the goods were completely made or subjected to sufficient processing / conversion according to these rules;

criterion of sufficient processing / conversion - one of criteria of determination of the country of goods' origin according to which the goods if two countries or more participate in its production, are considered the events from that country in the territory of which it was subjected to the last essential processing / conversion sufficient for giving to goods of its characteristic properties;

the cumulative principle - the principle of determination of the country of goods' origin according to which the goods origin as a result of consecutive processing / conversion of goods in the State Parties of the Agreement is determined by the country of production of final goods;

production/production - accomplishment of any kinds of production or technological operations, including assembly or any special transactions which purpose is product receipt;

material - any ingredient, raw materials, the component or detail, etc. used for production of product;

material of foreign origin - the material which is not occurring from the territories of the State Parties of the Agreement or material which origin is not established;

product (products) - the made (made) product even if it is intended for further use in other production operation;

set of products - group of the elements/products classified as set according to the 3rd Basic rule of interpretation of the Commodity Nomenclature of Foreign Economic Activity;

goods - any property, both material, and product, including thermal, electric, other types of energy and vehicles, moved through customs border (except for the vehicles performing international carriages of passengers and goods);

batch - goods which go at the same time according to one or several commodity transport documents to one consignee from one consignor and also goods which are sent on one post delivery note or move as baggage one person crossing border;

commodity nomenclature of foreign economic activity (Commodity Nomenclature of Foreign Economic Activity) - The commodity nomenclature of foreign economic activity of the Commonwealth of Independent States applied according to the Agreement on the single Commodity nomenclature of foreign economic activity of the Commonwealth of Independent States of November 3, 1995;

the price on conditions ex-works - the goods price which is subject to payment to the manufacturer at whose company the last processing / conversion, on conditions ex-works was made;

resident - any physical persons and legal entities, the companies or the organizations which do not have the status of the legal entity which by the legislation of the State Party of the Agreement are exposed in it to the taxation based on residence, the permanent residence, the place of management, registration and creation or any other similar characteristic.

However the specified concept does not join persons who are exposed to the taxation in the State Party of the Agreement only concerning income gained from the transactions which are not connected with production and/or sales of goods;

the consignor/consignee - person specified in commodity transport documents who according to the assumed liabilities transferred/accepted or intends to transfer/accept goods to carrier / from carrier;

the exporter - the resident of one of the State Parties of the Agreement, being the party of the foreign trade agreement / transaction which delivers goods to resident of other State Party of the Agreement;

the importer - the resident of one of the State Parties of the Agreement, being the party of the foreign trade agreement / transaction which receives goods in the State Party of the Agreement delivered by resident of other State Party of the Agreement;

the applicant (customs applicant) - the person who addressed to authorized body (organization) of the country of export behind receipt of the certificate of origin, confirming and bearing responsibility for reliability of data on the goods specified in the certificate of origin.

The exporters, consignors of goods or persons representing them the interests according to the national legal system of the country of export can be applicants (customs applicants) (based on the power of attorney, the agreement of the order and other documents).

The specified concept can join also the importer, the consignee of goods or person representing them the interests according to the national legal system of the country of export (based on the power of attorney, the agreement of the order and other documents);

the certificate of origin - the document issued by authorized body and testimonial of the country of goods' origin;

the declaration on goods origin" - the statement for the country of goods' origin made by the seller, the manufacturer or the sender in the invoice or other business document concerning goods and allowing to carry out unambiguous identification of the goods which are rather declared for the purposes of customs clearance. The text of the declaration is stated in annex 5, being integral part of these rules;

the central customs authority - the executive body performing according to the national legal system of the State Party of the Agreement of function on development of state policy and to normative legal regulation, control and supervision in the field of customs affairs;

the central authorized body - the body (organization) authorized by the State Party of the Agreement to issue certificates of origin and performing maintaining single electronic system of certification of goods origin in the territory of this state and also control of proper functioning of the specified system;

authorized body - the body (organization) authorized by the State Party of the Agreement to issue certificates of origin of the ST-1 form;

electronic system of certification of goods origin - the information system of the central authorized body of the State Party of the Agreement including information databases of electronic forms of the certificates of origin of the CT-1, form issued by authorized bodies in the territory of the respective State Party of the Agreement.

the document on goods origin - the certificate of origin or the declaration on goods origin;

the checking (verifying) body - the state body authorized by the State Party of the Agreement on control of justification of issue of documents on goods origin, reliability of the data containing in them, and also on implementation of checks of accomplishment by producers of the criteria of determination of the country of goods' origin provided by these rules

Section 2. Criteria of determination of the country of goods' origin

2.1. The State Party of the Agreement in the territory of which the goods were completely made or subjected to sufficient processing / conversion according to these rules is considered the country of goods' origin.

2.2. As the goods which are completely made in the State Party of the Agreement are considered:

a) natural resources (minerals and mineral products, water, land resources, resources of atmospheric air) got from subsoil of this country in its territory or in its territorial sea (other reservoir of the country) or from its bottom, or from atmospheric air in the territory of this country;

b) the products of plant origin which are grown up and/or collected in this country;

c) the live animals who were born and grown up in this country;

d) products received in this country from the animals who are grown up in it;

e) products received as a result of hunting and fishing trade in this country;

e) products of sea fishing trade and other products of sea trade received by the vessel of this country or leased (affreighted) by it;

g) products received onboard the overworking vessel of this country only from products specified in the subitem "e";

h) products received from seabed or from sea subsoil outside the territorial sea of this country provided that this country has exclusive rights on development of this seabed or this sea subsoil;

i) the waste and scrap (secondary raw materials) received as a result of production or other operations on conversion, and also which were in the use of product, collected in this country and suitable only for conversion in raw materials;

j) products of high technologies received in outer space in the space courts belonging to this country or leased (affreighted) by it;

k) the goods made in this country of products specified in subitems "a" - "to" this Item.

2.3. For the purposes of the determination of the country of goods' origin made in the State Party of the Agreement the cumulative principle which determines origin of these or those goods in case of its consecutive processing / conversion can be applied.

If in production of final goods in one of the State Parties of the Agreement the materials coming from another or other State Parties of the Agreement, confirmed with the certificate (certificates) on goods origin of the ST-1 form are used (further - the certificate of the ST-1 form or the certificate) and subjected to step-by-step subsequent processing / conversion in the friend or other State Parties of the Agreement, then the country in the territory of which it was last time subjected to processing/conversion is considered country of source of such goods.

In the absence of the certificate (certificates) of the ST-1 form of origin of materials from other State Parties of the Agreement determination of country of source of final goods is performed based on criterion of sufficient processing / conversion (subitems "a", "b", "v" of Item 2.4 of these rules).

2.4. In case of participation in production of goods of the third countries, in addition to the State Parties of the Agreement, the country of goods' origin is determined according to criterion of sufficient processing / conversion of goods.

The criterion of sufficient processing / conversion can be expressed by accomplishment of the following conditions:

a) the change of goods item according to the Commodity Nomenclature of Foreign Economic Activity at the level of at least one of the first four signs which resulted from processing/conversion;

b) accomplishment of necessary conditions, production and technological operations in case of which accomplishment the goods are considered the events from that country in the territory of which these transactions took place;

c) the rule of ad valorem share when the cost of the used materials of foreign origin reaches the fixed percentage share in the price of end products.

The main condition of criterion of sufficient processing / conversion is change of goods item according to the Commodity Nomenclature of Foreign Economic Activity at the level of at least one of the first four signs. This condition is applied to all goods, except for the goods included in the List of conditions, production and technological operations in case of which accomplishment the goods are considered the events from that country in which they took place (further - the List) (appendix 1, being integral part of these rules).

The rule of ad valorem share as independently, and in combination with accomplishment of other necessary conditions, the production and technological operations stated in the subitem "b" of this Item can be included in this List as one of conditions.

If the rule of ad valorem share is applied, cost indicators are calculated:

for materials of foreign origin - on customs value of such materials in case of their import to the country in the territory of which production of final goods, or at documentary confirmed price of their first sale of territories of the country in which production of final goods is performed is performed;

for final goods - at the price on conditions ex-works.

2.5. For the purpose of determination of the country of goods' origin according to criterion of sufficient processing / conversion the materials coming from the State Parties of the Agreement according to these rules are not considered as materials of foreign origin and are equated to coming from the country in which the final goods are made.

2.6. In case of determination of the country of goods' origin according to criterion of sufficient processing / conversion use of the materials of foreign origin having goods item (at the level of the first four signs), identical with final goods is allowed provided that their cost does not exceed 5% of the price of final goods on conditions ex-works and such materials are necessary component in case of production of final goods (except for those goods for which in the List other conditions are specified) in case of obligatory confirmation of accomplishment of these conditions in the conclusion about the goods origin or the appraisal certificate issued by authorized body or other organizations according to the national legal system of the State Party of the Agreement.

2.7. If the product which origin answers conditions of these rules is used in production of other goods, then the requirements to origin applied to the materials used for production of this product are not considered in case of determination of the country of goods' origin.

Section 3. The transactions which are not answering to criterion of sufficient processing / conversion of goods

3.1. Are considered not answering to criterion of sufficient processing / conversion of goods:

a) transactions on ensuring safety of goods in storage time or transportations;

b) transactions on preparation of goods for sale and transportation (crushing of batches, forming of sendings, sorting, repacking), transactions on disassembly and assembly of packaging;

c) sink, cleaning, removal of dust, covering oxide, oil or other substances;

d) ironing or pressing of textiles (any kinds of fibers and yarn, woven materials from any kinds of fibers and yarn and product from them);

e) transactions on painting or polish;

e) peeling, partial or complete bleaching, grinding and polish grain and rice;

g) transactions on coloring of sugar or forming of lump sugar;

h) removal of peel, extraction of seeds and cutting of fruit, vegetables and nuts;

i) sharpening, grinding or it is sharp which do not result in essential difference of the received components from initial goods;

j) sifting through sieve or sieve, sorting, classification, selection, matching (including creation of sets of products);

k) flood, packing in banks, bottles, sacks, boxes, boxes and other simple transactions on packaging;

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