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

of January 18, 2000

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

aiming at development of trade and economic cooperation between the Republic of Belarus and the Republic of Armenia on the basis of equality and mutual advantage,

expressing determination to promote harmonious development and growth of world trade, elimination of barriers on the way of its development,

aiming at forming of the common economic space providing effective functioning of the total market of goods and services

confirming commitment of the Republic of Belarus and the Republic of Armenia to the principles of the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO), agreed as follows:

Article 1

1. The parties do not apply customs duties, and also taxes and fees having action equivalent to duties and the quantitative restrictions on import and/or commodity exportation coming from the state of one Party and intended for the state of other Party. Exceptions of such trade regime according to the approved nomenclature of goods are drawn up by the separate protocol which is integral part of this agreement.

2. According to Item 1 of this Article of the Party if necessary will develop and will approve the general list of withdrawals from free trade regime.

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

Article 2

The parties will not be:

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

apply to warehousing, overload, storage, transportation of goods by origin from 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 3

The parties in mutual trade will abstain from application of the measures limiting export and/or commodity import within this agreement. The parties can establish the measures limiting export and/or commodity import unilaterally but only for strictly certain term. These measures can be entered in the form of quantitative restrictions for export and/or import or in the form of the special duties, the anti-dumping and compensatory duties.

The specified measures 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);

commodity import on the territory of the state of one of the Parties in such increased quantities or on such conditions that it causes or threatens to cause damage to domestic manufacturers of the similar or directly competing goods;

implementation of measures, stipulated in Article 5th this agreement.

For the purposes of this agreement the damage is understood as essential damage of industry of economy, threat of such damage of industry or serious obstacle to creation or development of industry.

The party applying restrictions according to this Article shall beforehand, but not later than 30 days before the planned Date of Introduction of adequate measure, 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. 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 4

All calculations and payments for trade and economic cooperation between subjects of managing of the states of the Parties will be made according to the agreement between authorized banks of the states of the Parties.

Article 5

The parties agreed not to allow re-export of goods to which export the Party from which state there are these goods applies measures of quoting and licensing.

Re-export of the goods specified in part one of this Article can be performed only in the presence of the written permission issued by authorized body of the state of the Party from which territory there are goods. In case of uncoordinated re-export of such goods the state in the territory of which they were made has the right to require compensation of the suffered damage. In case of non-compliance with this provision the Party which interests of the state are violated has the right to enter unilaterally measures for regulation of export of such goods on the territory of the state of other Party which allowed uncoordinated re-export.

Re-export is understood as commodity exportation, coming from the state of one Party, other Party out of limits of customs area of its state for the purpose of export to the third country.

Article 6

The parties will regularly communicate about the laws and other regulations connected with 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 states of the Parties.

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

The relevant organs of the states of the Parties responsible for execution or coordination of execution of this agreement will approve procedure for exchange of such information. Provisions of this Article will not be interpreted as binding competent authorities of any of the states of the Parties:

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

provide information which would open any trade, entrepreneurial, industrial, trade or professional secrecy, either trade process, or other information which transfer would contradict interests of the states of the Parties.

Article 7

The parties recognize incompatible with this agreement purposes unfair business practice and not allow and eliminate its following methods:

agreements between the companies, the decisions made by associations of the companies and the common methods of business practice aiming to prevent or limit the competition or to violate conditions for it in the territories of the states of the Parties;

actions by means of which one or several companies use the dominant position, limiting the competition on all or on considerable part of the territory of the states of the Parties.

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