The agreement between the Government of the Republic of Kazakhstan and the Government of Ukraine on the principles of collection of indirect taxes during the exporting and commodity import (works, services)

of June 13, 1997

The government of the Republic of Kazakhstan and the Government of Ukraine, hereinafter referred to as "Contracting parties",

aiming at development of trade and economic cooperation, establishment of equal opportunities for business entities and to creation of conditions for fair competition,

being guided by the commonly accepted regulations and rules of international trade, agreed as follows:

Article 1 General determinations

For the purpose of this agreement:

a) the term "indirect taxes" means the value added tax and excise (the excise tax or the excise duty);

b) the term "zero rate" means taxation on value added at the rate zero percent that is provided by the procedure established by the legislation on taxes of Contracting Parties;

c) the term "competent authorities" means from the Kazakhstan side - the Ministry of Finance of the Republic of Kazakhstan, from the Ukrainian side the Ministry of Finance of Ukraine.

The article 2 Principle of Collection of Taxes when exporting

One Contracting Party will assess with the value added tax on zero rate goods (works, services) exported to other Contracting Party, export will not be assessed with excise.

The article 3 Principle of Collection of Taxes when importing

The goods imported to one Contracting Party (works, services) exported from the territory of other Contracting Party are assessed with indirect taxes in the country of the importer according to its national legal system.

In case of taxation of imported goods (works, services) Contracting Parties will apply the same rates of taxes, as established for goods (works, services), the made (implemented) on territories Parties.

Article 4 Solution of Matters of Argument

Disagreements between Contracting Parties concerning interpretation or application of provisions of this agreement will be permitted by negotiations and consultations of competent authorities of the Parties.

Article 5 Final provisions

This agreement is signed sine die and becomes effective from the date of the last notification Contracting Parties about accomplishment of all necessary interstate procedures for its entry into force and will be effective until one of Contracting Parties in writing in six months does not notify other Contracting Party on the intention to stop its action.

This agreement will be applied only to goods (works, services) exported or imported after its entry into force.

It is made in the city of Kiev on June 13, 1997 in duplicate, everyone in the Kazakh, Ukrainian and Russian languages, and all texts are equally authoritative.

In case of disagreements between Contracting Parties concerning interpretation of the text of this agreement the text in Russian prevails.

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