AGREEMENT OF COMMONWEALTH OF INDEPENDENT STATES

of April 12, 1996

About Rules of determination of goods origin of developing countries by provision of tariff preferences within general preferential system

The governments of the State Parties of the Commonwealth, further Contracting Parties, in view of Bases of customs legislations of the State Parties of the Commonwealth of Independent States of February 10, 1995,

based on the Agreement on cooperation and mutual assistance in customs affairs of April 15, 1994,

aiming at unification of forms of customs documentation and simplification of customs procedures,

agreed as follows:

Article 1

For implementation of measures for creation of single regulatory framework of determination of goods origin of developing countries Contracting Parties accept the Rules of determination of goods origin of developing countries by provision of tariff preferences within the General preferential system which are integral part of this agreement.

Article 2

Development and enhancement of single regulatory framework in determination of goods origin of developing countries is performed by Contracting Parties on representation of Council of heads of Customs Services of the State Parties of the Commonwealth in case of methodical providing the State Customs Committee of the Russian Federation.

Article 3

Contracting parties take measures for introduction of necessary amendments and changes in the national legal system connected using Rules of determination of goods origin of developing countries by provision of tariff preferences within the General preferential system.

Article 4

1. This agreement is open for the accession of any State Party of the Commonwealth of Independent States recognizing the Agreement provisions operating at the time of accession, and expressing readiness to carry out them in full.

2. Changes and additions by common consent of Contracting Parties can be made to this agreement.

Article 5

Any of Contracting Parties can stop the participation in this Agreement, having sent to depositary the written notice of the intention to leave the Agreement at least in 6 months prior to exit and after settlement of the obligations assumed according to this agreement.

Article 6

1. This agreement is temporarily applied from the date of its signing and becomes effective from date of delivery on storage to depositary of the third notification on accomplishment by the Contracting Parties of the interstate procedures necessary for its entry into force which signed it.

2. Depositary of this agreement is the Executive Secretariat of the Commonwealth of Independent States.

It is made in the city of Moscow on April 12, 1996 in one authentic copy in Russian. The authentic copy is stored in the Executive Secretariat of the Commonwealth of Independent States which will send to each state which signed this agreement, its verified copy.

Appendix

to the Agreement on Rules of determination of goods origin of developing countries by provision of tariff preferences within the General preferential system of April 12, 1996

Rules of determination of goods origin of developing countries by provision of tariff preferences within general preferential system

These rules are applied to the goods coming from developing countries.

The list of developing countries is created taking into account recommendations of the UN.

1. Goods origin of developing countries to which the tariff prefential treatment extends

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

a) when it is completely made in this country;

b) 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, as shown below.

2. The goods which are completely made in developing country to which the tariff prefential treatment extends

The following goods are considered completely made in developing country to which the tariff prefential treatment extends:

a) the minerals extracted in the territory of this country or in its territorial waters or on its continental shelf and in sea subsoil if the country has exclusive rights on development of this subsoil;

b) the vegetable products which are grown up or collected in the territory of this country;

c) the live animals who were born and grown up in this country;

d) products received from the animals who are grown up in this country;

e) products of hunting, fishing and sea crafts made in this country;

e) products of sea trade extracted in the World Ocean courts of this country, and also courts, leased (affreighted) by this country;

g) the products made onboard floating fish factories of this country and also onboard the floating fish factories affreighted by this country it is exclusive from the products mentioned in the subitem "e";

h) the secondary raw materials and waste which are result of the production and other operations performed in this country;

i) products of high technologies received in outer space in the space courts belonging to this country or leased by it;

j) the goods made in this country only from the products mentioned in subitems from "and" to "and" this Item.

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

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

a) the goods underwent to processing or conversion in developing 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 goods of unknown origin used in this process does not exceed 50% of the cost of the goods exported by developing country to which the tariff prefential treatment extends;

b) the goods underwent to processing or conversion in several developing country to which the tariff prefential treatment extends, and the 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 does not exceed 50% of the cost of the goods exported by one of developing countries to which the tariff prefential treatment extends;

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

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