The agreement on single measures of non-tariff regulation when forming the Customs union
of October 22, 1997
The Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic and the Russian Federation which are the State Parties of agreements on the Customs union, further referred to as with the Parties, realizing agreements on single procedure for regulation of foreign economic activity;
considering need of development, acceptance and application of single measures of non-tariff regulation as one of conditions of forming of the Customs union;
aiming to establish single import procedure of goods on customs areas of the Parties and commodity export from these customs areas;
proceeding from need of protection of national interests of the Parties;
setting the task gradual transition to single customs area;
being guided by the conventional principles and rules of international law;
agreed as follows:
In this agreement the following basic concepts are used:
foreign trade activity - business activity in the field of the international exchange of goods, works, services, information, results of intellectual activities, including exclusive rights on them (intellectual property);
goods - any personal estate (including all types of energy) and the air, ocean ships carried to real estate, inland navigation vessels and space objects which are subject of foreign trade activity. The vehicles used under the agreement on international delivery goods are not;
export - any kind of commodity exportation, works, services, information, results of intellectual activities, including exclusive rights on them, from customs areas of the Parties without obligation about the return import;
import - any kind of commodity importation, works, services, information, results of intellectual activities, including exclusive rights on them, on customs areas of the Parties without obligation about the return export;
the state export monopoly and/or import of separate goods the activities for regulation of export and/or commodity import performed on the basis of licensing. Licenses for implementation of these activities are granted by authorized state bodies of the Parties to exclusively state companies which according to both the regulations and the universally international legal recognized norms existing in the states of the Parties legislative shall make transactions on export and/or commodity import on the basis of the principles of nondiscrimination and fair commercial practice;
export control - system of measures which is effective for the purpose of protection of national interests of the Parties when implementing foreign trade activity concerning arms, military equipment and dual-use goods, and also observance of the international obligations of the Parties on non-proliferation of weapons of mass destruction and other most dangerous types of weapon and technologies of their creation;
quantitative restrictions of export and/or import - set of measures for quantitative restriction of foreign trade activity which can be entered by distribution of quotas and issue of licenses to exporters and/or importers, as a rule, by results of carrying out tender or auction or according to the procedure of the actual carrying out transactions on export and/or import before total execution of quota;
prohibitions or restrictions of export and/or import - set of measures for introduction of prohibitions or restrictions of export and/or commodity import, proceeding from national interests of the Parties;
participation in accomplishment of the international economic sanctions set of measures for introduction of the international economic sanctions by the Parties concerning one state or number of the states;
technical, pharmacological, sanitary, veterinary, phytosanitary and environmental standards and requirements, control of quality of imported goods - set of control measures behind compliance of the Parties of goods imported on customs areas to the technical, pharmacological, sanitary, veterinary, phytosanitary and environmental standards and quality requirements established by the Parties;
the single inventory - the nomenclature of goods falling under one of measures of non-tariff regulation, approved and approved by the State Parties of agreements on the Customs union or the body authorized by the State Parties of agreements on the Customs union, and existing on single customs area of the states of the Customs union.
For the purposes of this agreement treat measures of non-tariff regulation:
a) state export monopoly and/or import of separate goods;
b) export control;
c) quantitative restrictions of export and/or import;
d) prohibitions or restrictions of export and/or import;
e) participation in accomplishment of the international economic sanctions;
e) technical, pharmacological, sanitary, veterinary, phytosanitary and environmental standards and requirements; control of quality of imported goods.
For the purposes of this agreement scope of measures of non-tariff regulation is the foreign trade activity connected with export and commodity import if other is not provided by other international treaties which participants are the Parties.
Offers on forming, change and amendment of inventories, for export and/or import of which the state monopoly is established, approvals, preparation and adoption of drafts of decisions according to regulations of its work are brought by the Parties in Integration Committee of the Republic of Belarus, the Republic of Kazakhstan, Kyrgyz Republic and the Russian Federation (further Integration Committee), for the analysis.
The approved Inventory, for export and/or import of which is established the state monopoly, affirms according to the legislation of the Parties.
The parties according to the legislation exercise export control concerning arms, military equipment and other military products, nuclear materials, the equipment, special non-nuclear materials and appropriate technologies, and also goods and dual-use technologies by licensing or application of other measures of non-tariff regulation.
Inventories and the technologies specified in part one of this Article, which are subject to export control of the Parties, and procedure for its implementation are based on the international treaties regulating the international modes of export control irrespective of membership of the Parties in such international treaties.
The parties create under Integration Committee the commission on interaction in the field of export control within which they will consider the questions connected with implementation of the arrangements following from this agreement.
The parties not later than three months before completion of the procedure of creation of single customs area which will be drawn up by the international treaty will develop single procedure for export control and will provide acceptance and enforcement of the unified acts of the legislation providing responsibility for violation of single procedure for export control.
Quantitative restrictions of export and/or import can be entered in exceptional cases, proceeding from need:
a) ensuring national security of the Parties;
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