of December 9, 2010
About trade and economic cooperation in the field of oil supply and oil products to the Republic of Kazakhstan
The government of the Russian Federation and the Government of the Republic of Kazakhstan which are hereinafter referred to as with the Parties
based on the Agreement on the Customs union and the Common economic space of February 26, 1999, the Constitutive treaty of Eurasian economic community of October 10, 2000, the Agreement on procedure for the organization, management, functioning and development of the total markets of oil and oil products of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation of December 9, 2010,
for the purpose of settlement of trade and economic cooperation in the field of oil supply and oil products to the Republic of Kazakhstan,
agreed as follows:
This agreement determines conditions of trade and economic cooperation between the Russian Federation and the Republic of Kazakhstan in the field of oil supply and oil products.
The cooperation between the Russian Federation and the Republic of Kazakhstan in the field of oil supply and oil products is based on protection of mutual interests and shall not cause damage to interests of each of the states of the Parties.
For implementation of this agreement of the Party appoint competent authorities;
from the Russian Side - the Ministry of Energy of the Russian Federation;
from the Kazakhstan Side - the Department of Energy of the Republic of Kazakhstan.
In case of change of competent authorities of the Party without delay notify on this each other through diplomatic channels.
The parties in mutual oil trade and oil products do not apply export customs duties (other duties, taxes and fees having equivalent action).
The oils and oil products classified in group 27 of the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union, exported from the Russian Federation to the Republic of Kazakhstan (except for the specified goods which are exported as supplies), for the purpose of accounting are subject to customs declaring in the Russian Federation as though they were exported out of limits of customs area of the Eurasian Economic Union, without application of the temporary periodic customs declaring established by the legislation of the Russian Federation, except for export of oil and oil products pipeline transport in 2022 - 2024.
Competent authorities of the Parties annually constitute balance of production (production), consumption, delivery, import and oil export, oil products in the territories of the states of the Parties, including oil supply rates from the Russian Federation and from the Republic of Kazakhstan to the Republic of Belarus, and also amounts of mutual oil supply and oil products between the states of the Parties (further - indicative balance).
The parties since January 1, 2014 create conditions for implementation of mutual oil supply between business entities of the states of the Parties in equivalent amount which are performed on the basis of contracts (contracts) on oil supply between business entities of the states of the Parties.
Amounts, the directions, and also other conditions of oil supply between the Russian Federation and the Republic of Kazakhstan annually are created and affirm competent authorities of the Parties the protocol to this agreement and are reflected in indicative balances.
The parties create conditions for supply of oil products to the Republic of Kazakhstan on the nomenclature approved by competent authorities of the Parties for satisfaction of internal needs of the Republic of Kazakhstan for amount according to the approved indicative balances of oil products in the territories of the states of the Parties.
The Kazakhstan Side for the oil products imported into the period from January 1, 2012 to December 31, 2013 inclusive to the Republic of Kazakhstan performs counter oil supply to the Russian Federation.
The procedure for counter oil supply to the Russian Federation for the oil products imported into the period from January 1, 2012 to December 31, 2013 inclusive to the Republic of Kazakhstan is established by technique of counter oil supply to the Russian Federation for the oil products imported from the Russian Federation to the Republic of Kazakhstan according to Appendix 1 to this agreement.
The counter oil supply to the Russian Federation for the oil products delivered since January 1, 2014 to the Republic of Kazakhstan is not performed.
1. For the purpose of ensuring protection of the surrounding environment, and also ensuring national security, accomplishment of the international obligations and protection of the domestic market of the states of the Parties competent authorities of the Parties according to the legislation of the states of the Parties determine the list of the oil products prohibited or limited to export from the Russian Federation to the Republic of Kazakhstan, the list of the oil products prohibited or limited to export from the Republic of Kazakhstan out of limits of customs area of the Eurasian Economic Union by the conclusion of the protocol between them which is not subject to ratification for the Republic of Kazakhstan according to the legislation of the Republic of Kazakhstan.
The specified lists affirm competent authorities of the Parties before creation of indicative balance, stipulated in Article 4 this agreements. Competent authorities of the Parties as necessary can make changes to them in writing.
The Kazakhstan Side till December 31, 2014 provides establishment of rates of export customs duties on the oil products prohibited to export from the territory of the Republic of Kazakhstan out of limits of customs area of the Eurasian Economic Union, not below rates of the export customs duties established in the Russian Federation on the specified oil products.
2. The prohibitions or restrictions specified in Item 1 of this Article are applied without prejudice to provisions of the subitem "g" of Item 8.2 of Article 8 of the Lease agreement of the Baikonur complex between the Government of the Russian Federation and the Government of the Republic of Kazakhstan of December 10, 1994.
3. The prohibition of export of oil products from the Republic of Kazakhstan out of limits of customs area of the Eurasian Economic Union does not extend to the oil products exported as the humanitarian assistance according to the legislation of the Republic of Kazakhstan and also to the oil products exported from the Republic of Kazakhstan for the purpose of carrying out laboratory researches and testing.
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