The agreement on rules of determination of goods origin from developing and the least developed countries

of December 12, 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 implementation of article 1 of the Agreement on single rules of determination of the country of goods' origin of January 25, 2008,

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:

Article 1

On single customs area of the states of the Parties concerning the goods occurring from developing and the least developed countries, Rules of determination of the country of goods' origin from developing and the least developed countries, according to the appendix constituting integral part of this agreement are applied.

Article 2

The disputes connected using or interpretation of provisions of this agreement, are permitted by consultations and negotiations between the Parties, and in case of default of agreement such disputes are brought by any concerned party To trial of Eurasian economic community.

Article 3

By agreement of the Parties changes which are drawn up by separate protocols of the Parties can be made to this agreement.

Article 4

The procedure for the introduction of this agreement in force, accession to it and exit from it is 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 December 12, 2008 in one authentic copy in Russian.

The authentic copy of this agreement is stored in Integration Committee of Eurasian economic community which, being depositary of this agreement, will send to each Party its verified copy.

Appendix

to the Agreement on rules of determination of goods origin from developing and the least developed countries of December 12, 2008

Rules of determination of goods origin from developing and the least developed countries

These rules are applied to the goods occurring from developing and the least developed countries.

Lists developing and the least developed countries are established by the free standing agreement between the Parties.

I. Goods origin from developing and the least developed countries to which the tariff prefential treatment extends

The goods are considered the events from developing or the least developed country to which the tariff prefential treatment, in the following cases extends:

1) when it is completely made in this country;

2) when it is made in this country with use of the raw materials, semifinished products or finished products coming from other country, or goods of unknown origin provided that such goods underwent in this country to sufficient processing or conversion.

II. The goods which are completely made in developing or the least developed country to which the tariff prefential treatment extends

Developing or the least developed country to which the tariff prefential treatment extends the following goods are considered completely made in:

1) the minerals extracted from country subsoil in its territorial sea (waters) or from 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;

6) products of sea fishing trade and other products of sea trade received by the vessel of this country;

7) products received onboard the overworking vessel of this country only from products specified in the subitem 6 of this Item;

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 provided by subitems 1-10 of this Item.

III. The goods which underwent to sufficient processing or conversion in developing or the least developed country to which the tariff prefential treatment extends

1. The goods are considered to the undergone sufficient processing or conversion in developing or the least developed country to which the tariff prefential treatment extends if:

1) the goods underwent to processing or conversion in developing or to the least developed country to which the tariff prefential treatment extends, and the cost of the goods (raw materials, semifinished products and finished products) coming from other countries to which the tariff prefential treatment does not extend or the cost of goods of unknown origin used in this process does not exceed 50% of cost of the goods exported developing or the least developed country to which the tariff prefential treatment extends;

2) the goods underwent to processing or conversion in several developing or the least developed countries to which the tariff prefential treatment and cost of the goods used at the same time coming from other countries to which the tariff prefential treatment does not extend or goods of unknown origin extends do not exceed 50% of cost of the goods exported by one of developing or the least developed countries to which the tariff prefential treatment extends;

3) the goods are made in one of developing or the least developed countries to which the tariff prefential treatment extends, and underwent to processing or conversion in another, one or several developing or the least developed countries to which the tariff prefential treatment extends.

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