Agreement between the Government of the Republic of Kazakhstan and Government of the Republic of Lithuania on trade and economic cooperation

of March 7, 1997

The government of the Republic of Kazakhstan and the Government of the Republic of Lithuania which further are referred to as with "Contracting parties"

Proceeding from need of creating favorable conditions for development of trade and economic relations between Contracting Parties,

Wishing to promote development and strengthening of trade and economic relations between Contracting Parties on the basis of equality, mutual advantage and the principles of international law,

Aiming to develop the relations in the field of trade according to the principles of the World Trade Organization (WTO),

Agreed as follows:

Article 1

Contracting parties, being guided by the principles of equality, mutual advantage and interest, take measures for development and expansion of trade and economic relations between state bodies of Contracting Parties and business entities irrespective of their patterns of ownership with observance of the legal acts existing in both states.

Article 2

For the purpose of creation of mutually advantageous conditions for development of trade and economic cooperation, from the date of entry into force of this agreement, Contracting Parties provide each other regime of the most favored nation in that, as for:

- customs duties, taxes and fees applied concerning import and export including methods of collection of such duties, taxes and fees;

- the provisions concerning customs clearance, transit, warehousing, reloading of goods and other services of this sort;

- taxes and other internal duties of any sort levied directly or indirectly;

- payment methods and transfer of such payments;

- the rules concerning sale, purchase, transportation, distribution and use of goods in the domestic market;

- issues of import and export certificates.

Article 3

The provision of Article 2 does not extend on:

- the benefits provided to one of Contracting Parties to neighboring states for the purpose of simplification of border trade and border transportations;

- the benefits provided to the third countries in connection with participation in the present or in the future one of Contracting Parties in custom unions, free trade areas or other forms of trade and economic cooperation;

- the benefits provided on general preferential systems.

Article 4

The trade and economic cooperation between Contracting Parties is performed by the conclusion of contracts between business entities, irrespective of the forms of their property, with observance operating in both states of legislations and regulations of private international law.

Article 5

All calculations and payments between business entities of Contracting Parties are made in freely convertible currency or in the currency defined by agreements (contracts) between business entities.

Article 6

Contracting parties will organize mutual provision of information on the adopted legal acts governing interstate trade and economic relations, exchange of statistical information which can influence trade and economic relations between Contracting Parties.

Article 7

For implementation of tariff and non-tariff regulation of bilateral trade and economic relations, exchange of statistical information, carrying out customs procedures Contracting Parties will use the Commodity Nomenclature of Foreign Economic activity based on the Combined commodity description and coding system of the European Economic Community.

Article 8

1. Each Contracting Party according to national legal systems of the states will provide conditions for transit through the territory of the state of the goods occurring in customs area of the state of other Contracting Party and/or the third countries and intended for customs area of the state of other Contracting Party or any third country.

2. This agreement does not concern import and export, and also transit of certain objects, products and goods, import and export, and also transit of which is prohibited or limited by the legislation of the Republic of Kazakhstan, or the Republic of Lithuania.

Article 9

Contracting parties agreed that procedure and conditions of transportation of loads, traffic circulation, including transit freight and passenger traffic, and also interaction of transport systems will be regulated according to the international rules of transportations and/or is determined by free standing agreements of Contracting Parties.

Article 10

Contracting parties, recognizing importance of investments, implementation of progressive technologies, and also, proceeding from the principles of economic feasibility will promote creating favorable conditions for investments, joint businesses and the companies with the foreign capital, representative offices of such companies, banks.

Article 11

Each Contracting Party according to the legislation and the international obligations provides equal legal including judicial, protection of the rights and legitimate interests of business entities of other Contracting Party.

Article 12

Provisions of this agreement do not limit the right of each of the Parties to undertake inter alia of measure for prohibition or restriction of export, import and transit directed on:

a) protection of homeland security;

b) protection of life and human health, prevention of diseases of animals and plants;

c) protection of industrial and intellectual property;

d) protection of national art, historical and archaeological values;

e) prevention of depletion of natural resources;

e) protection of public morals;

g) protection of domestic manufacturers.

Such measures for prohibition and restriction are applied on non-discriminatory basis and being guided by Agreements on measures for protection of the market.

Article 13

Contracting parties render assistance in the organization and carrying out in the territory of the state of trademarks, exhibitions, technical and economic seminars. Contracting parties, according to the current legislation of the state of each Contracting Party, exempt "temporarily" imported exhibits and samples of the goods from other Contracting Party intended for exhibitions and other similar exposition purposes from customs duties and other taxes, equivalent on influence. Such exhibits and samples cannot be sold (are transferred, presented) in the country at which they were exhibited, without the consent to that of competent authorities of this country, and also payment of customs duties and taxes on import.

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