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PROTOCOL

of May 8, 2015

About conditions and transitional provisions on application by the Kyrgyz Republic of the Agreement on the Eurasian Economic Union of May 29, 2014, the separate international treaties entering the right of the Eurasian Economic Union, and acts of bodies of the Eurasian Economic Union in connection with accession of the Kyrgyz Republic to the Agreement on the Eurasian Economic Union of May 29, 2014

The Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Russian Federation and the Kyrgyz Republic, being guided with the paragraph by third Article 1 of the Treaty of Accession of the Kyrgyz Republic to the Agreement on the Eurasian Economic Union of the May 29, 2014 signed on December 23, 2014

concluded the this Protocol as follows:

Article 1

Application by the Kyrgyz Republic of regulations of the Agreement on the Eurasian Economic Union of May 29, 2014, the separate international treaties entering the right of the Eurasian Economic Union, specified in appendix to the Treaty of Accession of the Kyrgyz Republic to the Agreement on the Eurasian Economic Union of May 29, 2014 signed on December 23, 2014 and also acts of bodies of the Eurasian Economic Union is performed taking into account conditions and transitional provisions according to appendix No. 1 to the this Protocol and arrangements on application of the Common customs tariff of the Eurasian Economic Union concerning goods according to the list according to appendix No. 2 to the this Protocol. Appendices to the this Protocol are its integral part.

Article 2

The this Protocol is integral part of the Treaty of Accession of the Kyrgyz Republic to the Agreement on the Eurasian Economic Union of the May 29, 2014 signed on December 23, 2014.

The this Protocol is subject to ratification and becomes effective from the date of receipt by depositary through diplomatic channels of the last written notice of accomplishment by state members of the Eurasian Economic Union and the Kyrgyz Republic of the interstate procedures necessary for entry into force:

Treaties of Accession of the Kyrgyz Republic to the Agreement on the Eurasian Economic Union of the May 29, 2014 signed on December 23, 2014;

this Protocol;

The protocol specified in the paragraph the second Article 1 of the Treaty of Accession of the Kyrgyz Republic to the Agreement on the Eurasian Economic Union of the May 29, 2014 signed on December 23, 2014.

It is made in the city of Moscow on May 8, 2015 in one authentic copy in Russian.

The authentic copy of the this Protocol is stored in the Eurasian economic commission which, being depositary of the Treaty of Accession of the Kyrgyz Republic to the Agreement on the Eurasian Economic Union of the May 29, 2014 signed on December 23, 2014, and the this Protocol as its integral part, will send to each State Party of the this Protocol its verified copy.

For the Republic of Belarus

(signature)

For the Republic of Kazakhstan

(signature)

 For the Kyrgyz Republic

(signature)

For the Russian Federation

(signature)

For the Republic of Armenia

(signature)

 

Appendix № 1

to the Protocol on conditions and transitional provisions on application by the Kyrgyz Republic of the Agreement on the Eurasian Economic Union of May 29, 2014, the separate international treaties entering the right of the Eurasian Economic Union, and acts of bodies of the Eurasian Economic Union in connection with accession of the Kyrgyz Republic to the Agreement on the Eurasian Economic Union of May 29, 2014

Conditions and transitional provisions on application by the Kyrgyz Republic of the Agreement on the Eurasian Economic Union of May 29, 2014, the separate international treaties entering the right of the Eurasian Economic Union, and acts of bodies of the Eurasian Economic Union in connection with accession of the Kyrgyz Republic to the Agreement on the Eurasian Economic Union of May 29, 2014

I. The questions connected with appointment of members of Board of the Eurasian economic commission from the Kyrgyz Republic

1. In case of the first appointment of members of Board of the Eurasian economic commission from the Kyrgyz Republic they perform the functions before the expiration of powers to which members of Board of the Eurasian economic commission from the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation were appointed before entry into force of the Agreement on the Eurasian Economic Union of May 29, 2014 as it is determined by the paragraph the fourth Item 3 of article 99 of the Agreement on the Eurasian Economic Union of May 29, 2014.

For the period specified in paragraph one of this Item, the Kyrgyz Republic is provided to Boards of the Eurasian economic commission by three members of Board of the Eurasian economic commission having one voice without fixing of spheres of maintaining to them.

II. Questions of customs legal relationship in the part touching the faces performing activities in the field of customs affairs and other persons

2. The legal entities and individual entrepreneurs performing activities as customs brokers, owners of warehouses of temporary storage, owners of customs warehouses, the owners of duty-free shops created (registered) in Kyrgyz Republic on effective date Treaties of Accession of the Kyrgyz Republic to the Agreement on the Eurasian Economic Union of the May 29, 2014 signed on December 23, 2014 (further - the Agreement), from the date of the introduction of the Agreement in force are recognized respectively customs representatives, owners of warehouses of temporary storage, owners of customs warehouses, owners of duty-free shops and have the right to perform activities in the field of customs affairs on the conditions established by the legislation of the Kyrgyz Republic for date of the introduction of the Agreement in force - within 18 months from the date of the introduction of the Agreement in force.

Within 18 months from the date of the introduction of the Agreement in force legal entities of the Kyrgyz Republic join in the register of customs representatives and have the right to perform during this period activities in the field of customs affairs on the conditions established by the Customs Code of the Customs Union which is integral part of the Agreement on the Customs Code of the Customs Union of November 27, 2009 (further - the Customs Code of the Customs Union), other international treaties and other acts constituting the right of the Eurasian Economic Union regulating customs legal relationship by provision of ensuring payment of customs duties, taxes a minimum of the 10000-fold size of the settlement indicator established by the legislation of the Kyrgyz Republic.

In the part concerning features of making of customs transactions:

3. The goods which are in the Kyrgyz Republic under customs control, placed for date of the introduction of the Agreement in force under customs procedure of temporary storage from the date of the introduction of the Agreement in force are considered placed on temporary storage.

If other is not established by the paragraph third this Item, provisions of Chapter 25 of the Customs Code of the Customs Union, other international treaties and other acts constituting the right of the Eurasian Economic Union regulating customs legal relationship taking into account item 4 of this appendix are applied to the goods specified in paragraph one of this Item.

Concerning the goods recognized as goods of the Eurasian Economic Union according to the paragraph the second Item 8 of this appendix making of the customs transactions connected with their customs declaring is not required.

Concerning the goods which are in the territory of one of state members of the Eurasian Economic Union and placed on temporary storage for date of the introduction of the Agreement in force, recognized as goods of the Eurasian Economic Union according to the paragraph the fifth Item 8 of this appendix making of the customs transactions connected with their customs declaring is not required.

4. The term of temporary storage of the goods specified Item in paragraph one 3 presents of appendix is estimated from the date of the room of such goods under customs procedure of temporary storage.

5. Goods concerning which the customs declaration is adopted by customs authority of the Kyrgyz Republic for date of the introduction of the Agreement in force are subject to the room under the declared customs regime according to the procedure and on conditions which are established by the legislation of the Kyrgyz Republic on the date of adoption of this customs declaration by customs authority.

In the part concerning features of transportation of goods under customs control:

6. Concerning goods on which the customs authority of the Kyrgyz Republic for date of the introduction of the Agreement in force adopts the transit declaration or business, transport (transportation) documents and (or) customs papers used as the transit declaration the customs regime of transit or the procedure of internal customs transit respectively are allowed, applied and come to the end in the territory of the Kyrgyz Republic according to the procedure and on conditions which are established by the legislation of the Kyrgyz Republic on the date of acceptance by customs authority of the Kyrgyz Republic of the transit declaration or business, transport (transportation) documents and (or) customs papers as the transit declaration, taking into account paragraph two of this Item.

Concerning the goods specified in paragraph one of this Item, recognized as goods of the Eurasian Economic Union according to the paragraph the fourth Item 8 of this appendix making of the customs transactions connected with their placement on temporary storage or customs declaring in case of completion of customs regime of transit or the procedure of internal customs transit is not required.

7. Transportation on the territory of the Kyrgyz Republic under customs control of goods to which the customs authority of the Kyrgyz Republic for date of the introduction of the Agreement in force applies customs regime of transit or the procedure of internal customs transit is performed and comes to the end according to the procedure and on conditions which are established by the legislation of the Kyrgyz Republic on the date of application of customs regime of transit or the procedure of internal customs transit, taking into account paragraph two of this Item.

Concerning the goods specified in paragraph one of this Item, recognized as goods of the Eurasian Economic Union according to the paragraph the fourth Item 8 of this appendix making of the customs transactions connected with their placement on temporary storage or customs declaring in case of completion of customs regime of transit or the procedure of internal customs transit is not required.

Regarding the status of goods and customs procedures:

8. The goods which are in the territory of the Kyrgyz Republic and having according to the legislation of the Kyrgyz Republic for date of the introduction of the Agreement in force for the customs purposes the status of domestic goods from the date of the introduction of the Agreement in force are recognized goods of the Eurasian Economic Union.

The foreign goods which are in the territory of the Kyrgyz Republic for date of the introduction of the Agreement in force, including placed under customs procedure of temporary storage or under the customs regimes which are taken out about the territories of one of state members of the Eurasian Economic Union which had for the customs purposes at the time of export from the territory of such state member of the Eurasian Economic Union the status of goods of the Eurasian Economic Union from the date of the introduction of the Agreement to force are recognized goods of the Eurasian Economic Union if other is not provided by paragraphs the third and fourth this Item.

The foreign goods which are in the territory of the Kyrgyz Republic for date of the introduction of the Agreement in force, exported about the territories of one of state members of the Eurasian Economic Union which had for the customs purposes at the time of export about the territories of such state member of the Eurasian Economic Union the status of goods of the Eurasian Economic Union specified in Item 5 of this appendix from the date of the room under the declared customs regime according to Item 5 of this appendix are recognized goods of the Eurasian Economic Union.

The foreign goods which are in the territory of the Kyrgyz Republic for date of the introduction of the Agreement in force, exported about the territories of one of state members of the Eurasian Economic Union which had for the customs purposes at the time of export about the territories of such state member of the Eurasian Economic Union the status of goods of the Eurasian Economic Union specified in Items 6 or 7 of this appendix from the date of completion of customs regime of transit or the procedure of internal customs transit according to Items 6 or 7 of this appendix are recognized goods of the Eurasian Economic Union.

The foreign goods which are in the territory of one of state members of the Eurasian Economic Union for date of the introduction of the Agreement in force, including placed on temporary storage or under the customs procedures which are taken out about the territories of the Kyrgyz Republic which had for the customs purposes at the time of export from the territory of the Kyrgyz Republic the status of domestic goods from the date of the introduction of the Agreement to force are recognized goods of the Eurasian Economic Union if other is not provided by the paragraph the sixth this Item.

The foreign goods which are in the territory of one of state members of the Eurasian Economic Union for date of the introduction of the Agreement in force, including placed under the customs procedures which are exported about the territories of the Kyrgyz Republic which had for the customs purposes at the time of export from the territory of the Kyrgyz Republic the status of domestic goods concerning which the customs declaration is adopted by customs authority of state members of the Eurasian Economic Union for date of the introduction of the Agreement in force from date of issue of goods are recognized goods of the Eurasian Economic Union.

The goods placed in the Kyrgyz Republic under customs regime of release of goods for free circulation with provision of privileges on payment of import customs duties of the taxes integrated to restrictions on use and (or) the order with goods, the introductions of the Agreement which are for date in force with conditionally released goods according to the legislation of the Kyrgyz Republic from the date of the introduction of the Agreement in force are recognized conditionally released goods according to the subitem 1 of Item 1 of article 200 of the Customs Code of the Customs Union. At the same time the terms provided by the subitem 2 of Item 2 of article 211 of the Customs Code of the Customs Union after which the obligation on payment of import customs duties, taxes stops and conditionally released goods according to the subitem 1 of Item 5 of article 200 of the Customs Code of the Customs Union are recognized goods of the Eurasian Economic Union, are estimated from the date of the introduction of the Agreement in force.

9. The goods placed in the Kyrgyz Republic for date of the introduction of the Agreement in force under customs regimes of release of goods for free circulation, reimport, destruction or refusal for benefit of the state from the date of the introduction of the Agreement in force are considered placed respectively under customs procedures of release for internal consumption, reimport, destruction or refusal for benefit of the state. Provisions of the Customs Code of the Customs Union, other international treaties and acts constituting the right of the Eurasian Economic Union regulating customs legal relationship are applied to such goods.

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