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The protocol on modification and amendments in the Agreement between the Government of the Republic of Uzbekistan and the Government of the Azerbaijan Republic on free trade of May 27, 1996

of June 13, 2003

The government of the Republic of Uzbekistan and the Government of the Azerbaijan Republic which are referred to as further Contracting Parties

considering importance of application of the approved Rules of determination of the country of goods' origin for the purposes of implementation of the Agreement between the Government of the Republic of Uzbekistan and the Government of the Azerbaijan Republic "About free trade" of May 27, 1996 (further the Agreement),

agreed as follows:

1. Item 3 of article 2 of the Agreement to state in the following edition:

"For the purposes of this agreement and for its action the goods coming from the territory of the states of Contracting Parties are understood as the goods determined by the Rules of determination of the country of goods' origin which are integral part of this agreement".

2. Approve Rules of determination of the country of goods' origin it (is applied).

3. The this Protocol is integral part of the Agreement and becomes effective according to provisions of article 19 of the above-stated Agreement.

It is made in the city of Tashkent on June 13, 2003 in duplicate, everyone in the Uzbek, Azerbaijani and Russian languages, and all texts are equally authoritative.

For the purposes of interpretation of provisions of the this Protocol the text in Russian is used.


Approved by the Protocol of June 13, 2003

Rules of determination of the country of goods' origin

These rules are effective concerning the goods coming from the states of Contracting Parties and addressing in trade between these states.

For the purposes of these rules the following terms and their determinations are used:

a) the term "country of goods' origin" means the country in which the goods were completely made or subjected to sufficient conversion;

b) the term "criterion of sufficient conversion" means criterion according to which the goods in which production two and more countries participate are considered the events from the country in which it was subjected to the last essential conversion sufficient for giving to goods of its characteristic properties. The cumulative principle of origin can be applied to use of criterion of sufficient conversion, that is in case of consecutive conversion of goods in this state, this state is considered for the purposes of determination of origin as single whole;

c) the term "customs control" means set of the measures performed by national customs authority for the purpose of ensuring compliance with the national legal system in customs affairs and also the national legal system and international treaties, control of which execution is imposed on customs authorities;

d) the term "goods" means any personal estate, including thermal, electric and other types of energy moved through customs border;

e) the term "commodity nomenclature" means the Commodity nomenclature of foreign economic activity (Commodity Nomenclature of Foreign Economic Activity) applied in the state of the Parties based on the Harmonized commodity description and coding system and the combined tariff and statistical nomenclature of the EU.

The procedure for determination of the country of goods' origin, the Parties imported on customs area of the state from the third countries and taken out to the third countries from this state, is regulated by the national legal system of the state.

1. The state where the goods were completely made or subjected to sufficient conversion is considered the country of goods' origin.

2. Are considered completely made in this country the following goods:

a) the minerals extracted in its territory;

b) the vegetable products which are grown up and collected in its territory;

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

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

e) products of hunting, fishing and sea trade made in it;

e) the products of sea trade got and/or made in the World Ocean by courts of this country or courts, leased (affreighted) by it;

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

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

i) the goods made in this country only from products mentioned in subitems of "a"-"z" of Item 2.

3. When two and more countries participate in production of goods, the goods origin is determined according to criterion of "sufficient conversion".

4. The criterion of "sufficient conversion" is determined in cases when:

a) the goods will be subjected to sufficient conversion if there was change of goods item (classification code of goods) according to the commodity nomenclature Commodity Nomenclature of Foreign Economic Activity at the level of any of the first four signs of code,

b) the goods will be subjected to sufficient conversion in the country which performed its final production on the level of "ad valorem share" reached at the time of customs clearance of goods and the mastered list of production and technological operations;

5. Are considered not answering to criteria of sufficient conversion:

a) transactions on ensuring safety of goods in storage time or transportations;

b) transactions on preparation of goods for sale and transportation (crushing of batch, forming of sendings, sorting, repacking);

c) simple assembly transactions;

d) mixing of goods (components) without giving to the received products of the characteristics significantly distinguishing it from initial components;

e) combination of two or bigger numbers of the transactions stated above;

e) slaughter of the cattle.

6. In case the criterion of "sufficient conversion" is expressed through ad valorem share, cost indicators are calculated:

a) for the imported materials - on customs value, that is the cost which is subject to customs taxation when importing (based on CIF) or if their origin is unknown - on stated price of the first sale in the territory of the country where production is performed;

b) for final goods - on ex-works price or export price of the seller.

7. The objects in the sorted or not collected type delivered by several batches when on working or transportation terms their shipment by one batch is impossible shall be considered, at the request of the importer as single subject from the point of view of determination of origin.

8. For the purposes of determination of goods origin the origin used for their production of heat and electrical energy, machines, the equipment and tools is not considered.


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