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AGREEMENT

of June 18, 2010

Concerning free (special, special) economic zones on customs area of the Customs union and customs procedure of free customs zone

(as amended on 11-04-2017)

The state members of the Customs union within Eurasian economic community which are hereinafter referred to as with the Parties

based on the Agreement on creation of single customs area and forming of the Customs union of October 6, 2007, the Agreement on the Commission of the Customs union of October 6, 2007, the Agreement on the Customs Code of the Customs Union of November 27, 2009, other international treaties of the state members of the Customs union constituting the contractual legal base of the Customs union

in view of the conventional principles and rules of international law,

agreed as follows:

Article 1. The main terms used in the Agreement

1. In this agreement the following main terms and their determinations are used:

1) free (special, special) economic zone - part of the territory of state member of the Customs union in the limits set by the legislation of state member of the Customs union on which the mode of implementation of business and other activity acts special (special legal) and also can be applied customs procedure of free customs zone;

2) port free (special, special) economic zonasvobodny (special, special) economic zone which is created on part of the territory of seaport, river port, open for the international message and calling of foreign water vessels, or part of the territory of the airport open for acceptance and sending the aircrafts which are carrying out the international airborne transportations, and the territories, adjacent to such seaport, river port or the airport, except for parts of the territories of seaport, river port or airport in which the property complexes intended for servicing of passengers are located;

3) logistic free (special, special) economic zone - free (special, special) economic zone which is created on part of the territory of the state member of the Customs union adjacent to the automobile and (or) railway check point through the state (customs) border of state member of the Customs union;

4) the resident (participant) free (special, special) economic zone - the legal entity or the individual entrepreneur registered in the territory of state member of the Customs union according to the procedure, established by the legislation of this state, and included in the register of residents free (special, special) economic zones.

2. The terms used in Article 21 of this agreement are applied in the values determined by the Agreement on the principles of collection of indirect taxes during the exporting and commodity import, performance of works, rendering services in the Customs union of January 25, 2008.

3. Other terms used in this agreement are applied in the values determined by the Customs Code of the Customs Union, being integral part of the Agreement on the Customs Code of the Customs Union of November 27, 2009 (further - the Customs Code of the Customs Union).

Article 2. Purposes of creation free (special, special) economic zones

Free (special, special) economic zones (further - SEZ) are created for the purpose of assistance to social and economic development of state members of the Customs union, investment attraction, creation and development of the productions based on new technologies, developments of transport infrastructure, tourism and the sanatorium sphere or in other purposes determined during creation of SEZ.

Article 3. Procedure for creation and functioning SEZ, terms of functioning of SEZ on customs area of the Customs union

1. Procedure for creation and functioning SEZ, term of functioning of SEZ and procedure for prolongation of term of functioning of SEZ in the territory of state member of the Customs union are determined by the legislation of this state member of the Customs union.

By the legislation of state members of the Customs union the SEZ types depending on the purposes of their creation can be established.

Control of SEZ in the territory of state member of the Customs union is exercised according to the legislation of this state.

2. State members of the Customs union provide the direction in the Commission of the Customs union of information on creation of SEZ in the territories of state members of the Customs union.

Article 4. Functioning termination (abolition, liquidation) SEZ

1. SEZ stops the functioning (is abolished, liquidated) (further - the termination of functioning of SEZ) after the term for which it was created if the specified term was not prolonged.

The bases and procedure for decision making about early termination of functioning of SEZ are determined by the legislation of state members of the Customs union.

2. State members of the Customs union provide the direction in the Commission of the Customs union of information on the termination of functioning of SEZ in the territories of state members of the Customs union after entry into force of this agreement.

Article 5. The types of activity performed in the territory of SEZ

In the territory of SEZ business and other activity according to the legislation of state members of the Customs union can be performed.

The commission of the Customs union has the right to establish the types of activity prohibited in the territory of SEZ. At the same time the decision on establishment of the types of activity prohibited in the territory of SEZ is accepted by the Commission of the Customs union consensus.

The types of activity prohibited in the territory of SEZ, the created (created) on territories these states can be established by the legislation of state members of the Customs union.

Article 6. Registration of residents (participants) of SEZ and maintaining register of residents (participants) SEZ

1. The procedure and conditions of registration of the resident (participant) of SEZ (further - resident), including the requirement to the place of state registration and (or) the location of the legal entity or to the residential address of the individual entrepreneur, applying for receipt of resident status, the requirement to form of business of the legal entity applying for receipt of resident status are determined by the legislation of state member of the Customs union.

By the legislation of state members of the Customs union it can be determined that one of conditions of registration of person as resident of port or logistic SEZ is provision of ensuring payment of customs duties, taxes.

2. The legal entity or the individual entrepreneur are recognized resident from the date of entering of the corresponding record into the register of residents of state member of the Customs union.

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