Agreement on the General customs tariff of the State Parties of the Customs union

of February 17, 2000

The government of the Republic of Belarus, the Government of the Republic of Kazakhstan, the Government of the Kyrgyz Republic, the Government of the Russian Federation and the Government of the Republic of Tajikistan which are hereinafter referred to as with the Parties

being guided by agreements on the Customs union, the Agreement on the Customs union and the Common economic space of February 26, 1999;

proceeding from the purposes, the principles and conditions, and also stages and mechanism of forming and functioning of the Customs union;

considering that one of main goals of forming of the Customs union is the approved tariff policy in trade with the third countries;

promoting deepening of economic integration, creation of equal opportunities for subjects of managing - participants of foreign trade activity of the Parties and to implementation of fair competition;

recognizing the commonly accepted regulations and rules of international trade, agreed as follows:

Article 1

The basic concepts used for the purposes of this agreement:

General customs tariff of the State Parties Customs the soyuzasoglasovanny and approved in accordance with the established procedure list of single rates of the import customs duties applied to the goods imported on customs areas of the states of the Parties from the third countries and systematized according to the single Commodity nomenclature of foreign economic activity of the Commonwealth of Independent States.

The list of single rates of import customs duties approved and approved in accordance with the established procedure for signature date of this agreement and the subsequent amendments and changes to this list according to Article 7 of this agreement form the Basic list of the General customs tariff (appendix N 1).

Sensitive imported goods - the goods which are not made or made in insufficient amounts in the states of the Parties, having the social importance i.e. necessary for satisfaction of the vital requirements of the population or national production, and also goods which national producers need the state support and protection against the competition of similar imported goods.

Escalation of customs tariff - increase in rates of customs duties depending on extent of conversion of goods.

Article 2

In the General customs tariff the following types of rates of import customs duties are applied:

ad valorem, charged percentage of customs value of leviable goods;

specific, charged in the fixed monetary unit for unit of leviable goods;

the combined, combining both above-named types of rates.

The parties agreed to establish, if necessary, seasonal and special types of duties. Special types of duties are understood as the special protective, anti-dumping and compensatory duties which are applied according to the Protocol on the mechanism of application of the special protective, anti-dumping and compensatory duties in trade of the State Parties of the Customs union of February 17, 2000.

Article 3

Determination of customs value of leviable goods is performed according to the Bases of customs legislations of the State Parties of the Commonwealth of Independent States approved by the Decision of Council of CIS Heads of Government of February 10, 1995.

Article 4

The parties in case of determination of the country of goods' origin are guided by the Decision of Council of Heads of Government of the Commonwealth of Independent States of September 24, 1993. "About rules of determination of the country of goods' origin."

Article 5

The parties agreed to apply the three-level structure of the General customs tariff providing it escalation.

Article 6

The parties agreed that forming of the General customs tariff will take place during the transition period taking into account:

- step-by-step accession of the Kyrgyz Republic and Republic of Tajikistan to forming of the General customs tariff;

- step-by-step replenishment (expansion) of the Basic list of the General customs tariff.

To determine transition period of step-by-step forming of the General customs tariff in five years, since the date of entry into force of this agreement. The specified term can be prolonged by agreement between the Parties.

Article 7

The parties agreed to take measures to expansion of the General customs tariff on the basis of use:

- The inventory on which the discrepancy of rates of import customs duties of the states of the Parties does not exceed five percent points (The list N 1, appendix N 2);

- The inventory on which the discrepancy of rates of import customs duties of the states of the Parties exceeds five percent points (The list N 2, appendix N 3);

The parties take measures for further rapprochement of rates for the commodity nomenclature of the List N 1 and the List N 2, and to step-by-step replenishment on their basis of the Basic list of the General customs tariff.

Lists N 1 and N 2 are subject to periodic fixing in accordance with the established procedure by Integration Committee.

Taking into account provisions of Articles 1 and 6 for signature date of this agreement as the appendix N 1 to it to accept the General customs tariff (the inventory on which rates of import customs duties of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation match, approved by the Decision of Council of Heads of Government of February 26, 1999 N 46, and also Amendment N 1 to it, approved by the Decision of Council of Heads of Government of September 24, 1999 N 59 and Amendment N 2 to it approved by the Decision of Council of Heads of Government of February 17, 2000.

As the appendices N 2 and N 3 to this agreement to consider inventories according to which discrepancies of rates of import customs duties of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation do not exceed five percent points and exceed five percent points approved by the decision of Integration Committee of June 11, 1999, Protocol N 15.

Article 8

The parties agreed to fix annually during the transition period decisions of Integration Committee national lists of sensitive goods for each of the Parties. These lists shall not exceed 15 percent of cost amount of cumulative import (CIF) of each of the states of the Parties for the expired year.

According to the commodity nomenclature of these lists of the Party reserve the right during the transition period independently to make changes and additions, with simultaneous informing Integration Committee, except for the commodity nomenclature included in the Basic list of the General customs tariff.

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