The agreement on trade in services and investments in the State Parties of the Common economic space

of December 9, 2010

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

in view of the Agreement on forming of the Common economic space of September 19, 2003,

being guided by the Constitutive treaty of Eurasian economic community of October 10, 2000,

realizing provisions of the Agreement on the Customs union and the Common economic space of February 26, 1999,

wishing to create conditions for expansion of mutual trade in services and increases in level of its liberalization,

wishing to create the single principles, and rules for mutual trade in services in the State Parties of the Common economic space for the purpose of assistance to the economic growth of such states,

wishing to create favorable conditions for investment of means by persons of the state of one Party in the territories of the states of other Parties,

agreed with following:

Article 1

For the purposes of this agreement the following concepts mean:

a) "regulatory legal acts of the Party", - the laws and other regulatory legal acts of the state of the Party;

b) "measure of the Party" - regulatory legal act of the Party, and also the decision, action or failure to act of body or the official of the state of this Party which are taken at any level of the government of the state of this Party, its local government bodies or the organizations when implementing by them of the powers delegated by it such bodies.

In case of acceptance (edition) by body of the state of the Party of the official document having advisory nature, such recommendation can be recognized as measure for the purposes of this agreement if it will be proved that in practice preferential part of addressees of this recommendation (bodies of the state, regional and (or) municipal authority of the state of this Party, non-governmental bodies of this Party, person of this Party, person of other Parties, and also persons of any third state) follow it;

c) "the territory of the Party" - the territory of the state of the Party;

d) "person of the Party" - any physical person or legal entity of the Party;

e) "physical person of the Party" - any physical person who is the citizen of the state of this Party according to its regulatory legal acts;

e) "the legal entity of the Party" - the legal entity of any form of business created or founded in the territory of the Party according to regulatory legal acts of this Party;

g) "organization":

i. creation, organization and (or) acquisition of the legal entity (equity participation of the created or founded legal entity) of any form of business and pattern of ownership provided according to regulatory legal acts of the Party in the territory of which such legal entity is created or established; or

ii. the acquisition of control over the legal entity of the Party which is expressed in receipt of opportunity is direct or through the third parties to determine the decisions made by such legal entity including by the order by the voices falling on voting shares (shares) by participation in the board of directors (supervisory board) and other governing bodies of such legal entity; or

iii. opening of branch; or

iv. opening of representation; or

v. registration as the individual entrepreneur.

h) "activities" - activities of the legal entities, branches, representations and (or) individual entrepreneurs specified in subitems, i - v, Item, this Article;

i) "trade in services" - the rendering services including production, distribution, marketing, sale, delivery of services and performed by the following methods:

i. from the territory of one Party on the territory of other Party; or

ii. in the territory of one Party person of this Party to person of other Party;

j) "service provider" - any person who delivers service within implementation of activities and trade in services.

Chapter I Organization and activities

Article 2

1. Provisions of this Chapter are applied to any measures of the Parties mentioning organization and (or) activities.

2. Provisions of this Chapter are not applied in the territory of the Party to activities which according to regulatory legal acts of this Party are connected with accomplishment of functions of the government.

3. This agreement is applied to the founded, created, acquired or controlled legal entities, branches, representations, the registered individual entrepreneurs for date of the introduction of this agreement in force and continuing to exist, and also founded, created, acquired, controlled or registered after the introduction of this agreement in force.

Article 3

1. Each Party provides to persons of any other Party, concerning organization and (or) activities the mode at least favorable, than the mode provided under similar circumstances to own persons in the territory taking into account the restrictions provided by the individual national list for each of the Parties in Appendix IV to this agreement.

2. Each Party provides under similar circumstances to persons of any other Party concerning organization and (or) activities in the territory the mode at least favorable, than the mode provided to persons of the states not being participants of this agreement.

3. Nothing in this agreement interferes with the Parties to sign the agreements on economic integration meeting the requirements of item 4 of this Article. Each Party which signed such agreement on economic integration with any state, not being the participant of this agreement provides under similar conditions to other Parties on mutual basis of concession which it provides within such agreement on economic integration. Concessions in this Item are understood as cancellation by the Party of one or several restrictions provided in its individual national list in Appendix IV to this agreement.

4. For the purposes of this agreement agreements on economic integration between one of the Parties and the state (states) which is (not being) the participant of this agreement agreements which answer the following criteria are recognized:

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