PROTOCOL

of October 16, 2015

About some questions of import and the goods circulation on customs area of the Eurasian Economic Union

The state members of the Eurasian Economic Union which further are referred to as with state members

being guided by provisions of the Agreement on the Eurasian Economic Union of May 29, 2014 (further - the Agreement), including appendix No. 31 to the Agreement, and Agreements on functioning of the Customs union within multilateral trade system of May 19, 2011,

in view of the Protocol on accession of the Republic of Kazakhstan to the Marrakesh agreement on organization of the World Trade Organization of April 15, 1994 signed on July 27, 2015

agreed as follows:

Article 1

The this Protocol determines features of regulation of import and the address of separate types of goods on customs area of the Eurasian Economic Union in connection with accession of the Republic of Kazakhstan to the World Trade Organization.

Article 2

For the purposes of the this Protocol concepts which mean the following are used:

"list" - the inventory, imported on the territory of the Republic of Kazakhstan from the third countries to which the lowered rates of duties, and also the sizes of such rates are applied;

"the lowered duty rate" - rate of import customs duty, lower in comparison with effective rate of import customs duty of the Common customs tariff of the Eurasian Economic Union (further - the CCT EEU), established at the maximum level of rate provided by obligations of the Republic of Kazakhstan in the World Trade Organization.

Article 3

1. The lowered rates of duties are applied in case of commodity importation on the territory of the Republic of Kazakhstan from the third countries and their room under the customs procedures provided by the Customs Code of the Customs Union according to the list approved by the Eurasian economic commission (further - the Commission), taking into account the conditions provided by paragraph 307 of the Report of the Working group on accession of the Republic of Kazakhstan to the World Trade Organization as condition of accession of the Republic of Kazakhstan to the World Trade Organization.

2. Maintaining the list, including its updating and reduction in compliance with the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union (further - the CN FEA EEU), is performed by the Commission.

3. The goods included in the list, imported on the territory of the Republic of Kazakhstan from the territories of the third countries with payment of import customs duties at the rates provided by the list, and placed under customs procedure of release for internal consumption are conditionally released goods according to the Customs Code of the Customs Union.

4. The Republic of Kazakhstan provides acceptance of the necessary measures for non-admission of commodity exportation specified in Item 3 of this Article on the territory of other state members.

5. In case of commodity importation, included in the list, on the territory of the Republic of Kazakhstan from the territories of the third countries, import customs duties can be paid proceeding from rates of import customs duties of the CCT EEU. In this case the corresponding goods acquire the status of goods of the Eurasian Economic Union according to the Customs Code of the Customs Union.

6. The Republic of Kazakhstan according to the national legal system grants the right to request and obtain at competent authorities information on customs duty payment necessary for movement of the goods included in the list from the territory of the Republic of Kazakhstan in the territory of other state members.

7. The customs applicant, the other person having right of possession the corresponding goods, carrier of the goods included in the list and moved from the territory of the Republic of Kazakhstan in the territory of other state members shall provide observance of requirements for movement of such goods established by the this Protocol and according to it and bear responsibility for their violation according to the legislation of state member.

8. For the purpose of monitoring and the control of turnover of goods included in the list, customs authorities of state members since December 1, 2016 in real time perform exchange in electronic form supplied and the information from customs declarations on import and the room under customs procedures in the territory of the Republic of Kazakhstan of such goods according to the scope of information provided by appendix 1 to the Agreement on the organization of exchange of information for realization of analytical and control functions of customs authorities of state members of the Customs union of October 19, 2011.

From the effective date the this Protocol till December 1, 2016 the specified data exchange and the data is performed 1 time in 2 days.

9. The Republic of Kazakhstan provides traceability of the goods included in the list regarding instruction of numbers of customs declarations and sequence numbers of goods for the customs declaration in case of their address in the territory of the Republic of Kazakhstan.

10. The Republic of Kazakhstan creates system of accounting of the goods included in the list, which are taken out to other state members (further - system of accounting). The system of accounting shall provide correlation of data on the goods included in the list and which are taken out to other state members with information on goods concerning which import customs duties are paid at the CCT EEU rates.

The system of accounting shall provide forming and registration in the state database of the Republic of Kazakhstan of the shipping document containing data on goods, their quantity, the data specified in Item 9 of this Article, data on payment of import customs duties at the CCT EEU rate. Availability of such document registered in system of accounting is condition of export of the corresponding goods in other state members.

Lack of such document is the basis for carrier for refusal in acceptance to transportation of the corresponding goods.

Information containing in system of accounting is reported by authorized body of the Republic of Kazakhstan to authorized bodies of other state members. Authorized bodies of state members are developed and approve procedure and specifications of the information transfer containing in system of accounting.

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