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Agreement between the Government of the Kyrgyz Republic and Government of the Republic of Belarus on free trade

of March 30, 1999

The government of the Kyrgyz Republic and the Government of the Republic of Belarus which further are referred to as with the Parties

considering the developed integration commercial ties of the Kyrgyz Republic and the Republic of Belarus, interdependence and complementarity of economies of two countries,

realizing the Treaty of Accession of the Kyrgyz Republic to Agreements on the Customs union of March 29, 1996, the Contract between the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic and the Russian Federation on deepening of integration in economic and humanitarian areas of March 29, 1996,

aiming to establish single import procedure of goods on customs areas of the states of the Parties and commodity export from these customs areas,

setting the task gradual transition to single customs area,

confirming the commitment to free development of mutual economic cooperation,

aiming at forming of the common economic space providing effective functioning of the total market of goods and services, to development of trade and economic cooperation

recognizing that free movement of goods and services requires implementation of mutually agreed measures,

recognizing the commonly accepted regulations and the principles of the international trade relations, in particular rules of the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO),

agreed as follows:

Article 1

The parties, being guided by the principles of equality, mutual advantage and interest, will develop and expand trade and economic relations between business entities irrespective of their pattern of ownership on the basis of direct economic connections with observance of the legal acts existing in the states of the Parties.

Article 2

The parties do not apply the customs duties, taxes and fees having equivalent action, and also quantitative restrictions for export and/or commodity import, occurring from customs area of the state of one Party and intended for customs area of the state of other Party.

For the purposes of this agreement and for its action the goods coming from customs areas of the states of the Parties are understood as the goods determined by the Rules of determination of the country of goods' origin approved by the Decision of Council of Heads of Government of the Commonwealth of Independent States of September 24, 1993.

Article 3

Each Party will not be:

enter concerning the import or commodity export falling under action of this agreement, any special restrictions and requirements which in similar situation are not applied to similar goods of internal production or goods by origin from the third countries;

apply to warehousing, overload, storage, transportation of goods by origin from the territory of the state of other Party, and also payments and payment transfer of the rule others, than those which are applied in similar cases to own goods or goods by origin from the third countries.

Article 4

The parties in mutual trade will abstain from application of discriminatory measures, introduction of quantitative restrictions or measures equivalent to them for export and/or commodity import within this agreement. The parties can set quantitative or other special restrictions unilaterally, but only for strictly certain term.

These restrictions shall have exclusive nature and can be applied only in cases:

acute shortage of these goods in the domestic market - before stabilization of the situation in the market;

acute shortage of paying balance - before stabilization of the situation with paying balance;

if any goods are imported on the territory of the state of one of the Parties in such increased quantities or on such conditions which cause or threaten to cause damage to domestic manufacturers of the similar or directly competing goods;

implementation of measures, stipulated in Article 11th this agreement.

The party applying restrictions according to this Article shall provide beforehand to other Party the complete information about basic reasons of introduction, forms and expected terms of application of the mentioned restrictions then consultations are appointed. The decisions made during consultations are drawn up by the relevant documents.

In case of the choice of measures according to this Article of the Party will give priority to those from them which exert the smallest negative impact on goal achievement of this agreement.

Article 5

This agreement does not interfere with the right of the either party to unilaterally take the commonly accepted measures in the international practice which they consider necessary for protection of the vital interests or which certainly are necessary for accomplishment of international treaties which participant she is or intends to become or if these measures concern:

information infringing on interests of homeland security, including economic safety;

trade in drugs, weapon, ammunition and military equipment;

the researches or production connected with needs of defense;

the supply of materials and the equipment used in the nuclear industry;

maintenance of the international conditions on nonproliferation;

preserving irreplaceable natural resources;

protection of industrial and intellectual property;

protection of consumer interests of imported goods;

trade in gold, silver or other precious metals, stones and products from them;

protection of human health, animals and plants, environmental protection.

The party intending to enter measures according to this Article shall beforehand prior to application of such measures, except as specified the emergency nature, to provide to other Party the complete information about basic reasons of introduction, forms and expected terms of application of the mentioned restrictions then consultations are appointed.

Article 6

All payments and calculations for trade and economic cooperation between business entities of the states of the Parties will be perfromed according to interbank agreements of the states of the Parties.

Article 7

The parties will communicate on regular basis about the laws and regulations connected with foreign economic activity including concerning trade, investments, the taxation, banking and insurance activity and other financial services, on transport and customs questions, including the customs statistics concerning the Parties.

The parties without delay report each other about changes in national legal systems which can influence accomplishment of this agreement.

Authorized bodies of the Parties will approve procedure for exchange of such information.

Provisions of this Article will not be interpreted as binding competent authorities of any Party:

provide information which cannot be received by the legislation or during customary administrative practice of one of the Parties;

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