AGREEMENT BETWEEN THE GOVERNMENTS OF THE REPUBLIC OF BELARUS, REPUBLIC OF KAZAKHSTAN AND RUSSIAN FEDERATION

of December 9, 2010

About the public (municipal) procurements

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: confirming intention to develop economic cooperation and to expand trade and economic relations of the Parties;

understanding need of harmonization of legislations of the states of the Parties in the field of the public and (or) municipal procurements on the basis of this agreement;

aiming to pursue coordinated policy in the field of the public and (or) municipal procurements;

agreed as follows:

Article 1
Determination of the concepts used in this agreement

1. The concepts used in this agreement mean the following:

1) "purchases" - purchases state and municipal (in the presence) - acquisition by customers of goods, works, services and other purchases at the expense of budgetary funds, and also other means in cases, stipulated by the legislation the states of the Party about the public and municipal procurements, and also the relations connected with execution of agreements (contracts) on purchases;

2) "web portal" - the single web portal (the single official site) of purchases - the website on the Internet (information system and the electronic information resource) of each Party providing the single place of information access about purchases and placements of the specified information, and also the single place of access to electronic services (purchases) if it is stipulated by the legislation the states of the Party;

3) "customer" - state body, local government body, state-financed organization, including the public and local government offices, and also other persons in the cases determined by the legislation of the state of the Party the conducting procurements according to the legislation of the state of the Party on purchases. The parties have the right to provide exception of application of this agreement in the legislation of the state of the Party on purchases concerning state and municipal unitary enterprises and other legal entities with the state or municipal participation. Creation (functioning) of the organizer of purchases which activities are performed according to the legislation of the state of the Party on purchases can be provided by the legislation of the state of the Party on purchases;

4) "information on purchase" - the notice, documentation, the draft agreement (contract) on purchase which is integral part of the notice and (or) documentation, the protocols constituted in procurement process, data on the agreement (contract) on purchase which list is determined by the legislation of the state of the Party on purchases, and also data on the supplementary agreements signed to such agreement (contract) and data on delivery and acceptance certificates of goods, works and services. Information on purchases is subject to obligatory placement on the web portal in the amount established by the legislation of the state of the Party on purchases. Each of the Parties in the legislation of the state on purchases has the right to expand the list of information on purchases placed on the web portal of the Party provided by this agreement;

5) "national treatment" - the mode providing that each Party provides for the purposes of purchases of the goods (works, services) occurring from the territories of the states of the Parties to suppliers and potential suppliers of the states of the Parties offering such goods, performing works and rendering services for the purposes of purchases, the mode at least favorable than is provided to national goods (works, services), the suppliers and potential suppliers of the state offering such goods, and also performing works and rendering services. The country of goods' origin is determined according to the rules of determination of the country of goods' origin existing on single customs area of the Customs union;

6) "the operator of electronic trading platform" (electronic platform) - the legal entity irrespective of its form of business and pattern of ownership or the physical person performing business activity which state registration is performed in the procedure established by the legislation of the state of the Party which according to the legislation of the state of the Party own electronic trading platform (electronic platform), by software and hardware, necessary for its functioning, and (or) provide its functioning;

7) "potential supplier" - the potential supplier (the contractor, the contractor) - any legal entity irrespective of form of business, pattern of ownership, the location or the place of origin of the capital or any physical person, including the individual entrepreneur. The either party has the right to limit possibility of participation in procurement of physical persons and (or) state bodies, local government bodies and state-financed organizations, including organizations of all states of the Parties in the legislation of the state of the Party on purchases;

8) "supplier" - the supplier (the contractor, the contractor) - person with whom the agreement (contract) on purchases is signed;

9) "most favored nation treatment" - provision to goods (works, services) happening from the territories of the states of the Parties and also the suppliers and potential suppliers of the states of the Parties offering such goods, performing works and rendering services, is at least mode favorable, than it is provided to goods (works, services) happening from the territories of the third countries and also the suppliers and potential suppliers of the third countries offering such goods, performing works and rendering services;

10) "the third countries" - the states which governments are not participants of this agreement;

11) "electronic form (format) of purchases" - the procedure of procurements conducted with use of the Internet, the web portal and (or) electronic trading platform (electronic platform), and also software and hardware;

12) "electronic trading platform (electronic platform)" - the website on the Internet for carrying out purchases electronically (format). At the same time by the legislation of the state of the Party on purchases it can be determined that the electronic trading platform (electronic platform) can be the website specified in the subitem 2 presents of Item.

2. In case of application of this agreement if other sense does not follow from concepts and provisions of the legislation of the state of the Party, than it is established by this agreement, reduction of the legislation of the state of the Party in compliance with this agreement is not required.

Article 2
Agreement coverage

1. Action of this agreement extends to the relations in the field of purchases.

2. This agreement does not extend to purchases, data on which according to the legislation of the states of the Parties are the state secret (the state secrets).

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