Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

DECISION OF THE SUPREME EURASIAN ECONOMIC COUNCIL

of December 23, 2014 No. 112

About approval of individual national lists of restrictions, withdrawals, additional requirements and conditions within the Eurasian Economic Union for the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic and the Russian Federation

(as amended on 16-10-2015)

According to the Protocol on trade in services, organization, activities and implementation of investments (appendix No. 16 to the Agreement on the Eurasian Economic Union of May 29, 2014), taking into account information of the Eurasian economic commission the Supreme Eurasian economic council at the level of heads of states solved:

1. Approve the enclosed individual national lists of restrictions, withdrawals, additional requirements and conditions within the Eurasian Economic Union for the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic and the Russian Federation.

2. This Decision becomes effective from the effective date Agreements on the Eurasian Economic Union of May 29, 2014.

Members of the Supreme Eurasian economic council:

from the Republic of Belarus

 

from the Russian Federation

from the Republic of Kazakhstan

 

Approved by the Decision of the Supreme Eurasian economic council of December 23, 2014, No. 112

The individual national list of restrictions, withdrawals, additional requirements and conditions within the Eurasian Economic Union For the Republic of Kazakhstan

Description of restrictions, withdrawals, additional requirements and conditions

Type of restriction, withdrawal, additional requirement and condition (Items of appendix No. 16 to Agreement)

International treaty, regulatory legal act

Based on the subitem 1 of Item 38 of the Protocol on trade in services, organization, activities and implementation of investments (appendix No. 16 to the Agreement on the Eurasian Economic Union of May 29, 2014 (further - the Agreement)) in service sectors in which the single market of services within the Eurasian Economic Union functions of restriction, withdrawals, additional requirements and conditions are not applied from the effective date Agreements.

Based on the subitem 1 of Item 38 of the Protocol on trade in services, organization, activities and implementation of investments (further - appendix No. 16) in lists of sectors (splits) of services according to which forming of the single market of services within the Eurasian Economic Union will be performed according to plans of liberalization of restriction, withdrawals, additional requirements and conditions are not applied after implementation of such plans of liberalization.

The Items of appendix No. 16 specified in the column second of this list are applied by state members of the Eurasian Economic Union in amount and on conditions which are specified in the column of the first of this list.

This list is applied in the part which is not contradicting articles 66 and 67 of the Agreement <1>.

1. Concerning the services and types of activity covered by Sections XVI, XIX, XX and XXI of the Agreement, the Republic of Kazakhstan keeps the right to apply restrictions, withdrawals, additional requirements and conditions according to regulatory legal acts and international treaties of the Republic of Kazakhstan in the part which is not contradicting the specified Sections and agreements which will be reached by state members of the Eurasian Economic Union according to the specified Sections

Items 16, 17, 23, 26, 28, 31, 33 and 35

Agreement

international agreements of the Republic of Kazakhstan

regulatory legal acts of the Republic of Kazakhstan

2. Activities on which implementation the license is required can be performed only by legal entities of the Republic of Kazakhstan or individual entrepreneurs registered in accordance with the established procedure in the Republic of Kazakhstan. Types of activity on which implementation the license is required and also determination of form of business of the licensee are established by the legislation of the Republic of Kazakhstan

Items 23, 26, 31

The law of the Republic of Kazakhstan of May 19, 2014 No. 202-V ZRK "About Permissions and Notifications"

3. The citizen of the Republic of Kazakhstan, the oralman <2> or the foreign citizen who is constantly living in the territory of the Republic of Kazakhstan can be the individual entrepreneur

items 23 and 26 

The agreement on legal status of citizens of one state which is constantly living in the territory of other state of April 28, 1998

The law of the Republic of Kazakhstan of January 31, 2006 No. 124-III "About private entrepreneurship"

4. The state has the priority right before other contract party or members of the legal entity having subsurface use rights, and other persons to acquisition of right of the alienable right of subsurface use (its part) and (or) the objects connected with the subsurface use right

Items 16, 23, 26 and 31 

The law of the Republic of Kazakhstan of June 24, 2010 No. 291-IV "About subsoil and subsurface use"

5. Activities for property management and cases of insolvent debtors in insolvency proceedings can be performed only by citizens of the Republic of Kazakhstan

items 23 and 26 

The law of the Republic of Kazakhstan of March 7, 2014 No. 176-V ZRK "About Rehabilitation and Bankruptcy"

6. It is forbidden:



management or operation of the main communication lines by foreign persons

Items 23, 26 and 31 

The law of the Republic of Kazakhstan of January 6, 2012 No. 527-IV "About homeland security of the Republic of Kazakhstan"

to foreigners and foreign legal entities directly and (or) indirectly to own, use, dispose and manage in total more than 49 percent of voting shares, and also shares, shares of the legal entity performing activities in the field of telecommunications as the operator of long distance and (or) international telecommunication owning land (cable, including fiber-optical, radio relay) communication lines <3>

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