On Ratification of Agreement on the Eurasian Economic Union

The Law of the Republic of Kazakhstan dated 14 October, 2014 No. 240-V LRK

Unofficial translation

      Ratify the Agreement on Eurasian Economic Union, executed in Astana city 29 May, 2014.

      The President
      of the Republic of Kazakhstan              N.Nazarbayev

The Agreement on the Eurasian economic union

Entered into force from 29 May, 2014 – Bulletin of international
treaties of the Republic of Kazakhstan 2015, No. 2, Article 11

      Republic of Belarus, Republic of Kazakhstan and the Russian Federation, hereinafter referred to as the Parties,
      based on the Declaration on Eurasian Economic Integration dated 18 November, 2011,
      guided by the principle of the sovereign equality of the states, the need of unconditional observation of the principle of supremacy of constitutional rights and freedoms of person and citizen,
      wishing to strengthen solidarity and deepen cooperation between their peoples while respecting their history, culture and traditions,
      convinced that the further development of the Eurasian economic integration satisfy to the national interests of the Parties,
      aspired to strengthen the economics of the member states of the Eurasian Economic Union and to ensure their harmonious development and approximation, as well as to guarantee the stable growth of business activity, a balanced trade and fair competition,
      ensuring economic progress by joint actions, directed to solving of common tasks facing the member states of the Eurasian Economic Union on sustainable economic development, comprehensive modernization and strengthening of competitiveness of national economics in the global economy,
      approving aspiration to the further strengthening of economic mutually and equal cooperation with other countries, as well as international integration associations and international organizations,
      taking into consideration the regulations, rules and principles of the World Trade Organization,
      approving its commitment to the purposes and principles of the Charter of the United Nations Organization, as well as other generally recognized principles and regulations of international law,
      have agreed that.

PART ONE
ESTABLISHMENT OF THE EURASIAN ECONOMIC UNION

Section I
GENERAL PROVISIONS

Article 1.
Establishment of the Eurasian Economic Union.

      Legal personality
      1. By this Agreement, the Parties shall establish the Eurasian Economic Union (hereinafter - Union, EEU), within which ensures free movement of goods, services, capital and labour power, conducting of coordinated, systematic and unified policy in the industry determined by this Agreement and international treaties within the Union.
      2. The Union shall be an international organization of regional economic integration, having international legal personality.

Article 2.
Definition

      For the purposes of this Agreement shall be used the concepts, which mean the following:
      “harmonization of the legislation” - approximation of the legislation of Member States, directed to establishing a similar (comparable) regulatory legal regulation in the separate scopes;
      “Member States” - the states being the member of the Union and the Parties of this Agreement;
      “civil servants” - the citizens of the Members- States, assigned to the posts as directors of the Eurasian Economic Commission and deputy directors of the departments of Commission and the head of the Secretariat of the Court of the Union, deputy head of the Secretariat of the Court of the Union and advisers judges of the Court of the Union;
      “single economic space" - the space consisting of the territories of the Member States, on which operate the similar (comparable), and uniform mechanisms of regulation the economy, based on market principles and the application of harmonized or unified legal norms, and there is a single infrastructure;
      “unified policy"”- a policy carried out by the Member States in certain scopes, provided by this Agreement, supposing the use of the unified legal regulation by the member states, as well as on the basis of the decisions of the Union bodies within their powers;
      “international agreements within the Union” - international agreements concluded between the member states on issues, related to the functioning and development of the Union;
      “international treaties of the Union with a third party” - international agreements, concluded with the third states and their integration associations and international organizations;
      “common (single) market” - a set of economic relations within the Union, which provide freedom of movement of goods, services, capital and labour power;
      “instruction” - an act adopted by the bodies of Union, which has the organizational and administrative nature;
      “decision” - an act adopted by the bodies of Union, containing provisions of regulatory legal nature;
      “coordinated policy” - a policy, supposing implementation of cooperation of member states on the basis of common approaches, approved within the bodies of Union needed to achieve the objectives of the Union, provided by this Agreement;
      “systematic policy” – policy, implemented by the member states in the different scopes, supposing harmonization of the legal regulation, as well as on the basis of decisions of the bodies of Union, to the extent which necessary to achieve the objectives of the Union, provided by this Agreement;
      “employees” - the citizens of the member states, working in the bodies of the Union on the basis of the labor agreements (contracts), concluded with them and not being the civil servants;
      “customs union” - a form of trade and economic integration of the member states, providing a single customs territory, within which the mutual trade shall not apply the customs duties (other duties, taxes and charges having equivalent effect), non-tariff measures, special protective, antidumping and compensative measures, acting the Unified customs tariff of the Eurasian Economic Union and unified measures of regulation of foreign trade by the goods with a third party;
      “third party” - a state which is not a member of the Union, an international organization or association of international integration;
      “unification of the legislation” -approximation of the legislation of the member states, directed to establishement of identical mechanisms of legal regulation in the separate scopes determined by this Agreement.
      Other concepts used in this Agreement, shall have the meaning given in the relevant sections of this Agreement and its annexes.

Section II
GENERAL PRINCIPLES, PURPOSES, COMPETENCE AND UNION LAW

Article 3
General principles of functioning of the Union

      The Union shall carry out its activity within the competence, provided it by the member states in accordance with this Agreement, on the basis of the following principles:
      respect for the generally recognized principles of international law, including principles of sovereign equality of the member states and their territorial integrity;
      respect for the features of political structure of the member states;
      ensuring of mutually beneficial cooperation, equality and taking into account of the national interests of the Parties;
      observation of principles of market economy and fair competition;
      functioning of the customs union without exceptions and limitations after termination of transitional periods.
      Member states shall create favorable conditions for performance of its functions by the Union and shall refrain from measures that could endanger the achievement of the objectives of the Union.

Article 4.
The main objectives of the Union

      The main objectives of the Union shall be:
      creation conditions for stable development of economics of the members-states in the interests of improvement of living standard of their population;
      aspiration to formation a single market of goods, services, capital and labour forces within the Union;
      comprehensive modernization, co-operation and competitiveness of national economies in the global economy.

Article 5
Competence

      1. The Union shall have the competence within the limits and volumes established by this Agreement and international agreements within the Union.
      2. Member states shall carry out coordinated or systematic policy within the limits and volumes established by this Agreement and international agreements within the Union.
      3. In other scopes of economy, the member states shall aspire to the implementation of coordinated or systematic policy with basic principles and purposes of the Union.
      Subsidiary bodies (the advices of the heads of the state bodies of Parties, working groups, special commissions) on the relevant directions may be created for this by the decision of Superior Eurasian Economic Council and (or) instructions on coordination of interaction of Parties in the relevant scopes shall be given by Eurasian Economic commission.

Article 6
The rights of Union

      1. The rights of Union shall consist:
      the Agreement;
      international agreements within the Union;
      international agreements of the Union with the third party;
      decisions and orders of Superior Eurasian Economic Council, Eurasian Intergovernmental Council and Eurasian Economic Commission, adopted within their powers, provided by this Agreement and international agreements within the Union.
      Decisions of Superior Economic Council and Eurasian Intergovernmental Council shall subject to implementation by the member states in the manner provided by their national legislation.
      2. International agreements of the Union with the third party shall not contradict to the basic purposes, principles and rules of functioning of the Union.
      3. In the case of occurrence of contradictions between international agreements within the Union and this Agreement, this Agreement shall have priority.
      Decisions and orders of bodies of the Union shall not contradict to this Agreement and international agreements within the Union.
      4. In the case of occurrence of contradictions between decisions of Superior Eurasian Economic Council, Eurasian Intergovernmental council and Eurasian Economic commission;
      decisions of Superior Eurasian Economic Council shall have priority over the decisions of Eurasian intergovernmental council and Eurasian economic commission;
      decisions of Eurasian intergovernmental council shall have priority over the decisions of Eurasian Economic commission.

Article 7.
International activity of the Union

      1. The Union shall have a right to carry out within its competence the international activity, directed to solution of tasks, facing the Union. Within such activity the Union shall have a right to carry out international cooperation with the states, international organizations and international integration associations and independently or jointly with member states conclude the international treaties on issues, referred to its competence.
      Procedure of implementation of the Union of international cooperation shall be established by the decision of Superior Eurasian Economic council. Issues of conclusion of international treaties of the Union with third party shall be determined by international agreements within the Union.
      2. Conducting negotiations on projects of international treaties of the Union with third party, as well as their signing shall be carried out on the basis of decision of Superior Eurasian Economic council after execution of the relevant intergovernmental procedures by the member states.
      Decision on expression of consent of the Union to the compulsory of international treaty of the Union with third party, termination, suspension or withdrawal from the international treaty for it shall be adopted by Superior Eurasian Economic council after execution of necessary intergovernmental procedures by all member states.

Section III
BODIES OF THE UNION

Article 8
Bodies of the Union

      1. Bodies of the Union shall be:
      Superior Eurasian Economic council (hereinafter – Superior council);
      Eurasian intergovernmental council (hereinafter – Intergovernmental council);
      Eurasian Economic commission (hereinafter – Commission, EEC);
      The Court of Eurasian Economic Union (hereinafter – The Court of the Union).
      2. The bodies of the Union shall act within the powers, which provided them by this Agreement and international agreements within the Union.
      3. Bodies of the Union shall act on the basis of principles, specified in Article 3 of this Agreement.
      4. Presidency in the superior council, Intergovernmental council and the Council of Commission shall be carried out on the rotating basis in the manner of Russian alphabet by one member state during one calendar year without the right of extension.
      5. Conditions of residence of bodies of the Union in the territories of the member states shall be determined by separate international treaties between the Unions and states of residence.

Article 9.
Holding positions in the structural subdivisions of
permanent bodies of the Union

      1. The citizens of member states with relevant specialized education and work experience shall have the right to hold positions in the structural subdivisions of permanent bodies of the Union.
      2. Civil servants of department of Commission may not be the citizens of one and the same state. Selection of candidates for holding of specified positions shall be conducted by the competitive commission EEC in recognition of principle of equal representation of the Parties. Candidacies for participation in the competition for holding of specified positions shall be presented by the member of Council of Commission from relevant Party.
      3. Selection of candidates for holding of other positions in the departments of Commission shall be carried out by EEC on the competitive basis in recognition of share participation of Parties in financing of commission.
      4. All members of Commission College, except for the Chairman of the College of Commission shall be included to the composition of competitive commission EEC on selection of candidates for holding of positions, specified in paragraph 2 of this Article.
      Competitive commission EEC shall take its decisions in the form of recommendations by majority of votes and represent them to the Chairman of the College of Commission for approval. If the decision, including to the contradiction with recommendation of competitive commission EEC is adopted by the Chairman of the College of Commission in relation of particular candidate, the issue shall be made by the Chairman of the College of Commission for consideration of the council of Commission for adoption of a final decision.
      Provision on competitive commission EEC (including the rules of conducting of competition), its composition, as well as qualifying requirements and candidates for holding of positions of directors and deputies of directors of departments of Commission shall be approved by the council of Commission.
      5. Procedure of selection of candidates and appointment to the positions in the Apparatus of the Court of Union shall be conducted in accordance with documents, regulating activity of the court of Union.

Article 10.
Superior council

      1. Superior council shall be superior body of the Union.
      2. Composition of the Superior council shall include the heads of member states.

Article 11.
Procedure of work of the superior council

      1. The meetings of Superior council shall be held at least 1 time per year.
      Extraordinary meetings of Superior council may be called for solution of urgent issues of activity of the Union at the initiative of any of the member states or Chairman of Superior council.
      2. The meetings of Superior council shall be held under the management of the Superior Council.
      Chairman of Superior council shall:
      conduct meetings of superior council;
      organize the work of Superior council;
      carry out general management of preparation of issues presented for consideration of superior council.
      In the case of early termination of powers of the Chairman of Superior council, the new member of Superior council from preceding member state shall carry out powers of the Chairman of Superior council during the remaining period.
      3. The members of the Council of Commission, Chairman of the College of Commission and other invitees may participate in the meetings of Superior council by invitation of the Chairman of the Superior Council.
      The list of participants and the form of meetings of Superior council shall be determined by the Chairman of superior council by coordination with members of superior council.
      Agenda of the meetings of Superior council shall be formed by the Commission on the basis of suggestions of the member states.
      An issue on presence of accredited representatives of mass media in the meetings of Superior council shall be decided by the Chairman of superior council.
      4. Procedure of organization of holding of meetings of Superior council shall be approved by the Superior council.
      5. Organizational, informational and logistical support of preparation and holding of meetings of Superior council shall be carried out by the Commission with the assistance of receiving member state. Financial assistance of holding of meetings of Superior council shall be carried out at the expense of the budget funds of Council.

Article 12
Powers of superior council

      1. Superior council shall consider the principle issues of activity of the Union, determine the strategy, directions and prospects of development of integration and make decisions, directed to implementation of purposes of the Union.
      2. Superior council shall carry out the following basic powers:
      1) determine the strategy, directions and prospects of formation and development of the Union and make decisions, directed to implementation of the purposes of the Union;
      2) approve the composition of the College of Commission, distribute the obligations between the members of the college of commission and terminate their powers;
      3) appoint the Chairman of the College of Commission and make decision on early termination of its powers;
      4) appoint the judges of the Court of Union by presentations of the member states;
      5) approve the Regulation of the work of Eurasian Economic commission;
      6) approve the budget of the Union, Provision on the budget of Eurasian Economic union and report on execution of the budget of Union;
      7) determine the amounts (scale) of assessed contributions of the member states in the budget of Union;
      8) consider the issues, concerning cancellation or changes of decision, adopted by the Intergovernmental council or Commission by the suggestion of the member state in recognition of provisions of paragraph 7 of Article 16;
      9) consider the issues by suggestion of Intergovernmental council or Commission, on which upon adoption of decision the consensus was not reached;
      10) apply with requests to the Court of Union;
      11) approve procedure of verification of reliability and completeness of details on incomes, property and obligations of property nature of judges of the Court of Union, civil servants and employees of Apparatus of the Court of Union, as well as their family members;
      12) determine procedure of acceptance of new members to the Union and termination of membership in the Union;
      13) adopt decision on provision or cancelation of the observer status or candidate state status to the entry into the Union;
      14) approve Procedure of implementation of international cooperation by the Eurasian Economic union;
      15) adopt decisions on negotiations with the third party on behalf of the Union, as well as on conclusion of international treaties of the Union with it and authorization to hold negotiations, as well as on expression of consent of the Union to the compulsory of international treaty with third party, termination, suspension or withdrawal from the international treaty for it;
      16) approve the general staff number of the bodies of Union, parameters of representation of civil servants from the number of citizens of the member states in the bodies of Union, directed by presentation of the member states on the competitive basis;
      17) approve procedure of payment for labour of members of the College of Commission, judges of the Court of the Union of civil servants and employees of bodies of the Union;
      18) approve Provision on external audit (control) in the bodies of Eurasian Economic union;
      19) consider the results of conducted external audit (control) in the bodies of the Union;
      20) approve the symbols of the Union;
      21) give instructions to the Intergovernmental council and Commission;
      22) adopt decisions on creation of subsidiary bodies on the relevant directions;
      23) exercise other powers, provided by this agreement and international agreements within the Union.

Article 13.
Decisions and orders of the Superior council

      1. Superior council shall make decisions and orders.
      2. Decisions and orders of Superior council shall be made by the consensus.
      Decisions of Superior council, related with termination of membership of the member state in the Union shall be made by principle “consensus minus the vote of the member state, notified its intention to terminate its membership in the Union”.

Article 14
Interdepartmental council

      Interdepartmental council shall be the body of the Union, consisting of the heads of governments of the member states.

Article 15
Procedure of the work of Interdepartmental council

      1. The meetings of Interdepartmental council shall be hold as necessary, but at least 2 times a year.
      Extraordinary meetings of Interdepartmental council may be called for solution of urgent issues of activity of the Union at the initiative of any of the member states or Chairman of Interdepartmental council.
      2. Meetings of Interdepartmental council shall be held under the management of the Interdepartmental council.
      Chairman of Interdepartmental council shall:
      conduct meetings of Interdepartmental council;
      organize the work of Interdepartmental council;
      carry out general management of preparation of issues presented for consideration of Interdepartmental council.
      In the case of early termination of powers of the Chairman of Interdepartmental council, the new member of Interdepartmental council from preceding member state shall carry out powers of the Chairman of Interdepartmental council during the remaining period.
      3. The members of the Council of Commission, Chairman of the College of Commission and other invitees may participate in the meetings of Interdepartmental council by invitation of the Chairman of the Interdepartmental Council.
      The list of participants and the form of meetings of Interdepartmental council shall be determined by the Chairman of Interdepartmental council by coordination with members of superior council.
      Agenda of the meetings of Interdepartmental council shall be formed by the Commission on the basis of suggestions of the member states.
      An issue on presence of accredited representatives of mass media in the meetings of Interdepartmental council shall be decided by the Chairman of superior council.
      4. Procedure of organization of holding of meetings of Interdepartmental council shall be approved by the Interdepartmental council.
      5. Organizational, informational and logistical support of preparation and holding of meetings of Interdepartmental council shall be carried out by the Commission with the assistance of receiving member state. Financial assistance of holding of meetings of Interdepartmental council shall be carried out at the expense of the budget funds of Council.

Article 16
Powers of Interdepartmental council

      Interdepartmental council shall carry out the following basic powers:
      1) ensure implementation and control of execution of this Agreement, international treaties within the Union and decisions of Superior council;
      2) consider the issues by suggestion of the Council of Commission, on which upon adoption of decision in the Council of Commission the consensus was not reached;
      3) give instructions to the Commission;
      4) present the candidates of members of the Council and members of the College of commission to the Superior council;
      5) approve the projects of budget of the Union, Provisions on budget of Eurasian Economic Union and report on execution of budget of the Union;
      6) approve Provision on the audit of financial and economic activity of bodies of Eurasian economic union, standards and methodology of audits of financial and economic activity of bodies of the Union, adopt decisions on conducting of audits of financial and economic activity of bodies of the Union and determine the terms of their conducting;
      7) consider the issues, concerning cancellation or changes of adopted decisions of Commission by the suggestion of the member state, in the case of failure to reach agreement, submit them for consideration of the Superior Council;
      8) adopt decision on suspension of effect of decisions of the Council of College of Commission;
      9) approve procedure of verification of reliability and completeness of details on incomes, property and obligations of property nature of members of the College of Commission, civil servants and employees of Commission, as well as their family members;
      10) exercise other powers, provided by this Agreement and international treaties within the Union.

Article 17
Decisions and orders of the Interdepartmental council

      1. Interdepartmental council shall make decisions and orders.
      2. Decisions and orders of Interdepartmental council shall be made by the consensus.

Article 18
Commission

      1. Commission shall be permanently operating regulatory body of the Union. Commission shall consist of the Council and College.
      2. Commission shall adopt decisions, instructions and recommendations.
      Decisions, instructions and recommendations of the Council of Commission shall be adopted by the consensus.
      Decisions, instructions and recommendations of the College of Commission shall be adopted by the qualified majority or by consensus.
      Superior council shall determine the list of sensitive issues, on which the decisions of the College of Commission shall be adopted by the consensus.
      Upon that the qualified majority shall consist two-thirds of the total number of members of the College of Commission.
      3. Status, tasks, compositions, functions, powers and procedure of the work of Commission shall be determined according to annex No. 1 to this Agreement.
      4. The place of residence of Commission shall be the Moscow city, Russian Federation.

Article 19
The Court of the Union

      1. The Court of the Union shall be permanently operating judicial body of the Union.
      2. Status, composition, competence, procedure of functioning and formation of the Court of the Union shall be determined by the status of the Court of Eurasian Economic Union according to the annex No.2 to this Agreement.
      3. The place of residence of Commission shall be the city of Minsk, Republic of Belarus.

Section IV
BUDGET OF THE UNION

Article 20
Budget of the Union

      1. Financing of activity of bodies of the Union shall be carried out at the expense of budget funds of the Union, formed in the manner determined by the Provision on budget of Eurasian economic union.
      Budget of the Union for the next financial year shall be formed in the Russian rubles by assessed contributions of the member states. The amounts (scale) of assessed contributions of the member states to the budget of the Union shall be established by Superior council.
      The budget of the Union shall be balanced in incomes and expenses. Financial year begins on January 1 and ends on December 31.
      2. The budget of the Union and Provision on budget of Eurasian economic union shall be approved by superior council.
      Making amendments to the budget of the Union and Provision on budget of Eurasian economic union shall be carried out by the superior council.

Article 21
Audit of financial and economic activity of bodies of the Union

      Audit of financial and economic activity of bodies of the Union shall be conducted for implementation of control of execution of budget of the Union at least once every 2 years.
      Verifications on separate issues of financial and economic activity of bodies of the Union may be conducted at the initiative of any member states.
      Audits of financial and economic activity of bodies of the Union shall be carried out by group of auditors, consisting of representatives of bodies of the state financial control of the member States.
      Results of conducted audits of financial and economic activity of bodies of the Union shall be introduced for consideration of Interdepartmental council in the established procedure.

Article 22.
External audit (control)

      External audit (control) shall be conducted for the purposes of determination of effectiveness of formation, management and disposition of budget funds of the Union, effectiveness of the use of property and other assets of the Union. External audit (control) shall be carried out by the group of inspectors, formed from the representatives of superior bodies of the state financial control of the member states. Standards and methodology of external audit (control) shall be jointly determined by superior bodies of the state financial control of the member states.
      Results of conducted external audit (control) in the bodies of the Union shall be introduced for consideration of Superior body in the established procedure.

PART TWO
CUSTOMS UNION

Section V
INFORMATION INTERACTION AND STATISTICS

Article 23
Information interaction within the Union

      1. The measures, directed to ensuring of information interaction with the use of information and communication technologies and trans-border space of trust within the Union shall be developed and implemented for the purposes of information ensuring of integration processes in all scopes, affecting the functioning of the Union.
      2. Information interaction upon implementation of general processes within the Union shall be carried out with the use of integrated information system of the Union, ensuring integration of geographically distributed state information resources and information systems of the authorized bodies, as well as information resources and information systems of Commission.
      3. The member states shall conduct systematic policy in the field of informatization and information technologies for ensuring of effective interaction and coordination of the state information resources.
      4. Upon use of program and technical means and information technologies, the member states shall ensure protection of intellectual property, used or received in the process of interaction.
      5. Fundamental principles of information interaction and coordination of its carrying out within the Union, as well as procedure of creation and development of integrated information system shall be determined according to the annex No. 3 to this Agreement.

Article 24
Official statistical information of the Union

      1. Official statistical information of the Union shall be formed for the purposes of effective functioning and development of the Union.
      2. Formation of official statistical information of the Union shall be carried out in accordance with the following principles:
      1) professional independence;
      2) scientific justification and comparability;
      3) completeness and reliability;
      4) relevance and timeliness;
      5) openness and accessibility;
      6) cost effectiveness;
      7) statistical confidentiality.
      3. Procedure of formation of distribution of official statistical information of the Union shall be determined according to the annex No.4 to this Agreement.

Section VI
FUNCTIONING OF CUSTOMS UNION

Article 25
Principles of functioning of customs union

      1. Within the customs union the member states shall:
      1) function internal market of goods;
      2) applied the Common customs tariff of Eurasian economic union and other unified measures of regulation of external trade of goods with the third parties;
      3) act the unified regime of the trade of goods in relation with third parties;
      4) carried out the unified customs regulation;
      5) carried out free movement of goods between the territories of the member states without application of customs declaration and state control (transport, sanitary, veterinary and sanitary, quarantine phytosanitary) except for the cases, provided by this Agreement.
      2. For the purposes of this Agreement shall be used the concepts, which mean the following:
      “import customs duty”- a compulsory payment collected by the customs authorities of member states in connection with the importation of goods into the customs territory of the Union;
      “Unified Tradable nomenclature of foreign economic activity of the Eurasian Economic Union" (TN FEA EEU) – tradable nomenclature of foreign economic activity based on the harmonized system of description and coding of goods of World customs organization and unified Tradable nomenclature of foreign economic activity of Commonwealth of Independent States;
      “Common customs tariff of Eurasian economic union” (CCT EEU) – a set of the rates of customs duties, applied to the goods, imported (imported) into the customs territory of the Union from the third countries, classified in accordance with the unified tradable nomenclature of foreign economic activity of the Eurasian Economic Union;
      “tariff preference” – exemption from payment of import customs duties or reduction of rates of import customs duties in relation of the goods, originated from the countries, forming the foreign trade zone together with the Union, or reduction of the rates of import customs duties in relation of goods, originated from the developing countries – users of the unified system of tariff preferences of the Union and (or) the least developed countries - users of a unified system of tariff preferences of the Union.

Article 26
Transfer and distribution of import customs duties
(other duties, taxes and charges having equivalent effect)

      Paid (collected) import customs duties shall subject to transfer and distribution between the budgets of the member states.
      Transfer and distribution of the amounts of imported customs duties, their transfer to the incomes of budget of the member states shall be carried out in the manner according to the annex No.5 to this Agreement.

Article 27
Creation and functioning of free (special, specific)
economic zones and free warehouses

      Free (special, specific) economic zones and free warehouses shall be created and functioned for the purposes of assistance to the socio-economic development of the member states, attracting investments, creation and development of productions, based on the new technologies, development of transport infrastructure, tourism and sanatorium-resort scope, as well as in other purposes in the territories of the member states.
      Conditions of creation and functioning of free (special, specific) economic zones and free warehouses shall be determined by international agreements within the Union.

Article 28
Internal market

      1. The Union shall take measures on ensuring of functioning of internal market in accordance with provisions of this Agreement.
      2. Internal market shall covering economic space, in which free movement of goods, persons, services and capitals is ensured according to the provisions of this Agreement.
      3. Within the limits of functioning of internal market in mutual trade of goods of the member states shall not apply import and export customs duties (other duties, taxes and charges having equivalent effect), non-tariff measures of regulation, antidumping and compensative measures, except for the cases provided by this Agreement.

Article 29
Exclusion from the procedure of functioning of
internal market of goods

      1. Member states in the mutual trade of goods shall have a right to apply restrictions (on condition that such measures are not the means of unjustified discrimination or hidden restriction of trade) in the case, if such restrictions are necessary for:
      1) protection of human life and health;
      2) protection of public morals and legal order;
      3) environmental protection;
      4) protection of animals and plants, cultural values;
      5) fulfilment of international obligations;
      6) ensuring of defense of country and security of member state.
      2. Sanitary, veterinary and quarantine phytosanitary measures may be also introduced in the internal market in the manner determined by section XI of this Agreement on the grounds specified in paragraph 1 of this Article.
      3. Rotation of separate categories of goods may be restricted on the grounds, specified in paragraph 1 of this Article.
      Procedure of transfer or circulation of such goods in the customs territory of the Union shall be determined in accordance with this Agreement, international agreements within the Union.

Section VII
REGULATION OF CIRCULATION OF MEDICINAL PRODUCTS
AND MEDICAL GOODS

Article 30
Formation of common market of medicinal products

      1. Member states shall create common market of medicinal products, relevant to the standards of appropriate pharmacy practice within the Union and based on the following principles:
      1) harmonization and unification of requirements of the legislation of the member states in the scope of circulation of medicinal products;
      2) ensuring the unity of mandatory requirements to the quality, effectiveness and safety of medicinal products, being in circulation in the territory of the Union;
      3) adoption of uniform rules in the scope of circulation of medicinal products;
      4) development and application of the same or comparable methods of research and control in the evaluation of the quality, effectiveness and safety of medicinal products;
      5) harmonization of the legislation of the member states in the field of control (supervision) in the scope of circulation of medicinal products;
      6) implementation of permissive, control and supervisory functions in the scope of circulation of medicinal products by the relevant authorized bodies of the member states.
      2. Functioning of common market of medicinal products within the Union shall be carried out in accordance with international agreement within the Union in recognition of provisions of Article 100 of this Agreement.

Article 31
Formation of common market of medical goods
(goods of medical assignment and medical equipment)

      1. Member states shall create the common market of medical goods (goods of medical assignment and medical equipment) within the Union and based on the following principles:
      1) harmonization of requirements of the legislation of the member states in the scope of circulation of medical goods (goods of medical assignment and medical equipment);
      2) ensuring the unity of mandatory requirements to the effectiveness and safety of medical goods (goods of medical assignment and medical equipment), being in circulation in the territory of the Union;
      3) adoption of uniform rules in the scope of circulation of medical goods (goods of medical assignment and medical equipment);
      4) determination of common approaches to creation of the system of ensuring of the quality of medical goods (goods of medical assignment and medical equipment);
      5) harmonization of the legislation of the member states in the field of control (supervision) in the scope of circulation of medical goods (goods of medical assignment and medical equipment);
      2. Functioning of common market of medical goods (goods of medical assignment and medical equipment) within the Union shall be carried out in accordance with international agreement within the Union in recognition of provisions of Article 100 of this Agreement.

Section VIII
CUSTOMS REGULATION

Article 32
Customs regulation in the Union

      Common customs regulation shall be carried out in the Union in accordance with the Customs Code of the Eurasian Economic Union and regulating the customs legal relations by the international agreements and acts, constituting the right of the Union, as well as in accordance with regulations of this Agreement.

Section IX
FOREIGN TRADE POLICY

1. General provisions on foreign trade policy

Article 33
Purposes and principles of foreign trade policy of the Union

      1. Foreign trade policy of the Union is directed to assistance of sustainable economic development of the member states, economic diversification, innovative development, increase the volumes and improvement the structure of trade and investments, acceleration of the integration processes, as well as further development of the Union as efficient and competitive organization within the global economy.
      2. The basic principles of implementation of foreign trade policy of the Union shall be:
      application of measures and mechanisms of implementation of foreign trade policy of the Union, being more burdensome for participants of foreign trade activity of the member states, than necessary to ensure the effective achievement of the objectives of the Union;
      publicity in development, adoption and application of measures and mechanisms of implementation of foreign trade policy of the Union;
      justification and objectivity of application of measures and mechanisms of implementation of foreign trade policy of the Union;
      protection of rights and legal interests of participants of foreign trade activity of the member states, as well as the rights and legal interests of producers and consumers of goods and services;
      observation of rights of participants of foreign trade activity.
      3. Foreign trade policy shall be implemented through the conclusion of the Union independently or jointly with the member states in the scopes, in which the bodies of the Union make decisions, compulsory for the member states, international agreements with the third party, participation in the international organizations or autonomous application of measures and mechanisms of foreign trade policy.
      The Union shall bear responsibility for execution of obligations on international agreements, concluded by them and implement their rights on these agreements.

Article 34
Regime of the most favored nations

      In relation of foreign trade of goods shall be applied the regime of the most favored nations within the meaning of the General Agreement on tariffs and trade 1994 (GATT 1994) in the cases and conditions, when application of the regime of the most favored nations is provided by international agreements of the Union with the third party, as well as international agreements of the member states with third party.

Article 35
Regime of free trade

      Regime of free trade of goods within the meaning of GATT 1994 shall be established in the trade with third party on the basis of international agreement of the Union with such third party in recognition of provisions of Article 102 of this Agreement.
      International agreement of the Union with third party, establishing the regime of free trade may include other provisions, related with foreign trade activity.

Article 36
Tariff preferences in relation of goods, originated from the
developing countries and (or) the least developed countries

      1. The Union may provide the tariff preferences in accordance with this Agreement for the purposes of assistance to the economic development of developing and least developed countries in relation of goods, originated from developed countries – users of the unified system of tariff preferences of the Union and (or) the least developed countries – users of the unified system of tariff preferences of the Union.
      2. In relation of preferential goods, imported to the customs territory of the Union, originated from the developing countries – users of the unified system of tariff preferences of the Union shall be applied the rates of imported customs duties in the amount 75 percent from the rates of imported customs duties of the Common customs tariff of the Eurasian Economic Union.
      3. In relation of preferential goods, imported to the customs territory of the Union, originated from the least developing countries – users of the unified system of tariff preferences of the Union shall be applied the zero rates of imported customs duties of the Common customs tariff of the Eurasian economic union.

Article 37
The rules of determination of origin of goods

      1. The common rules of determination of origin of goods, imported to the customs territory shall be applied in the customs territory of the Union.
      2. The rules of determination of origin of goods, imported to the customs territory of the Union (non-preferential rules of determination of origin of goods), established by Commission shall applied for the purposes of application of measures of customs and tariff regulation (except for the purposes of provision of tariff preferences), application of measures of non-tariff regulation and protection of internal market, establishment of requirements to the marking of origin of goods, carrying out of the state (municipal) purchases, maintenance of statistics of internal trade of goods.
      3. The rules of determination of origin of goods from the developing and least developed countries, established by the commission shall be applied for the purposes of provision of tariff preferences in relation of goods, imported to the customs territory of the Union from the developing or least developed countries – users of unified system of tariff preferences of the Union.
      4. For the purposes of provision of tariff preferences in relation of goods, imported to the customs territory of the Union from the states, in the trade and economic relations of which the Union applies the rules of determination of origin of goods, established by the relevant international agreement of the Union with third party, providing application of the regime of free trade.
      5. In the case if the rules of determination of origin of goods are not established by international agreement of the Union with third party, providing application of the regime of free trade, or they are not applied for the moment of entering into force of such agreement, in relation of goods, originated from this country, imported to the customs territory of the Union, the rules of determination of origin of goods, provided by paragraph 2 of this Article shall be applied before the moment of application of relevant rules of determination of origin of goods.
      6. In the existence of repeated facts of violation by the third party in the field of determination (approval) of origin of goods, the Commission may make decision on conducting of monitoring of correctness of determination (approval) of origin of goods, imported from the particular country by the customs services of the member states. Decision on suspension of reception of documents, approving the origin of goods by the customs services of the member states may be made in the case of revelation of systematic violations by the third party in the field of determination (approval) of origin of goods by the Commission. Provisions of this paragraph shall not restrict the powers of the member states in relation of control of origin of imported goods and adoption of measures on its results.

Article 38
Foreign trade of services

      The member states shall carry out coordination in the scope of the trade of services with third parties.
      Carrying out of coordination does not mean the supranational competence of the Union in this scope.

Article 39
Elimination of restriction measures in the trade
with third parties

      Commission shall render assistance upon access to the markets of third parties, conduct monitoring of restrictive measures of third party in relation of member states and in the case of application of any of measure by the third party in relation of the Union or occurrence of trade dispute between the Union and third party jointly with the member states shall consult with the relevant third party.

Article 40
Retaliatory measures in relation of third party

      1. In the case if the possibility of application of retaliatory measures is provided in accordance with international agreement of the Union with the third party and (or) member states with the third parties, decision on introduction of retaliatory measures in the customs territory of the Union shall be applied by the Commission, as well as by increase of the level of rates of import customs duties, introduction of quantitative restrictions, temporary suspension of provision of preferences or acceptance of other measures, affecting to the results of foreign trade with the relevant State within the competence of Commission.
      2. In the cases, provided by international agreements of the member states with third parties, concluded before 1 January, 2015, the member states shall have a right to unilaterally apply the rates of import customs duties as retaliatory measures, increased compared to the Common Customs Tariff of the Eurasian Economic Union, as well as unilaterally suspend provision of tariff preferences upon condition, that administration mechanisms of such retaliatory measures do not violate provisions of this Agreement.

Article 41
Measures on development of export

      The Union may apply the joint measures on development of export of goods of the member states to the markets of third parties in accordance with international agreements, standards and rules of the World trade organization.
      Joint measures shall include, in particular, insurance and export crediting, international leasing, promoting the concept “the good of the Eurasian Economic Union” and introduction of unified marking of goods of the Union, exhibitions and fairs, expositional activity, advertising and image-based measures abroad.

2. Customs and tariff regulation and non-tariff regulation

Article 42
Common Customs Tariff of the Eurasian Economic Union

      1. The Unified Tradable nomenclature of foreign economic activity of the Eurasian economic union and Common customs Tariff of the Eurasian economic union, approved by the Commission and being the instruments of the trade policy of the Union shall be applied in the customs territory of the Union.
      2. Basic purposes of application of the Common Customs Tariff of the Eurasian Economic Union shall be:
      1) ensuring of conditions for effective integration of the Union to the world economy;
      2) rationalization of the trade structure of import of goods into the customs territory of the Union;
      3) support of rational correlation of export and import of goods to the customs territory of the Union;
      4) creation of conditions for the progressive changes in the structure of production and consumption of goods in the Union;
      5) support of branches of the economy of the Union.
      3. The Common Customs Tariff of the Eurasian Economic Union shall apply the following types of the rates of import customs duties:
      1) ad valorem, established as a percentage of the customs value of taxable goods;
      2) specific established depending on the physical characteristics in kind of the taxable goods (number, mass, volume or other characteristics);
      3) combined, combine both types specified in paragraphs 1 and 2 of this paragraph.
      4. The rates of import customs duties of the Common customs tariff of the Eurasian economic union shall be unified and shall not subject to the change depending on the persons, transferring the goods across the customs border of the Union, types of transactions and other circumstances, except for the cases, provided by Articles 35, 36 and 43 of this Agreement.
      5. If necessary the seasonal customs duties, validity of which may not exceed 6 months of the year and which are applied instead of the import customs duties, provided by the Common customs tariff of the Eurasian Economic Union may be established for operative regulation of importation of goods to the customs territory of the Union.
      6. The state, attached to the Union shall have a right to apply the rates of import customs duties, different from the rates of the Unified customs tariff of the Eurasian Economic Union in accordance with the list of the goods and rates, approved by the Commission on the basis of international agreement on attaching of such state to the Union.
      The state, attached to the Union shall be obliged to provide using of the goods, in relation of which applied lower rates of import customs duties in comparison with the Unified customs tariff of the Eurasian Economic Union, only within its territory and take measures on non-admission of importation of such goods to other member states without additional payment of import customs duties in the amount of difference of the sums of import customs duties, calculated on the rates of the Common Customs Tariff of the Eurasian Economic Union, and sums of import customs duties, paid upon importation of goods.

Article 43
Tariff benefits

      1. In relation of goods, imported to the customs territory of the Union may be applied the tariff benefits in the form of exemption from payment of import customs duty or reduction of the rate of import customs duty.
      2. Tariff benefits may not be individual and apply irrespective of the country of origin of goods.
      3. Provision of tariff benefits shall be carried out according to the annex No.6 to this Agreement.

Article 44
Tariff quota

      1. In relation of separate types of agricultural goods, originated from the third countries and imported to the customs territory of the Union shall be allowed establishment of tariff quotas, if similar goods are produced (mined, grown) in the customs territory of the Union.
      2. The relevant rates of import customs duties of the Unified customs tariff of the Eurasian Economic Union shall be applied to the goods, specified in paragraph 1 of this Article, imported to the customs territory of the Union within established volume of tariff quota.
      3. Establishment of tariff quotas in relation of separate types of agricultural goods, originated from the third parties and imported to the customs territory of the Union, and distribution of volumes of tariff quotas shall be carried out in the manner provided by the annex No. 6 to this Agreement.

Article 45
Powers of the Commission on issues of customs and
tariff regulation

      1. Commission shall:
      carry out maintenance of the Unified Tradable nomenclature of foreign economic activity of the Eurasian Economic Union and Common Customs Tariff of the Eurasian Economic Union;
      establish the rates of import customs duties, including seasonal;
      establish events and conditions of provision of tariff benefits;
      determine procedure of application of tariff benefits;
      determine conditions and procedure of application of the unified system of tariff preferences of the Union, as well as approve:
      the list of developing countries – users of unified system of tariff preferences of the Union;
      the list of the least developed countries – users of the unified system of tariff preferences of the Union;
      the list of goods, originated from the developing countries or from the least developed countries, in relation of which the tariff preferences are provided upon importation to the customs territory of the Union;
      establish the tariff quotas, distribute the volume of tariff quotas between the member states, determine the method and procedure of distribution of the volume of tariff quota between participants of foreign economic activity, and if it is necessary distribute the volume of tariff quota between the third countries or accept the act, in accordance of which the member states determine the method and procedure of distribution of the volume of tariff quota between participants of foreign economic activity, and if necessary distribute the volume of tariff quota between the third countries.
      2. The list of sensitive goods, in relation of which decision on change of the rate of import customs duty is adopted by the Council of Commission shall be approved by the Superior Council.

Article 46
Measures of non-tariff regulation

      1. In the trade with the third countries of the Union shall be applied the following unified measures of non-tariff regulation:
      1) prohibition of import and (or) export of goods;
      2) quantitative restrictions of import and (or) export of goods;
      3) exclusive right for export and (or) import of goods;
      4) automatic licensing (observation) of export and (or) import of goods;
      5) permissive procedure of import and (or) export of goods.
      2. Measures on non-tariff regulation shall be introduced and applied on the basis of principles of publicity and nondiscrimination in the manner according to the annex No.7 to this Agreement.

Article 47
Introduction of measures of non-tariff regulation in
the unilateral procedure

      Member states in the trade with the third countries may unilaterally introduce and apply the measures of non-tariff regulation in the manner provided by the annex No. 7 to this Agreement.

3. Protective measures of internal market

Article 48
General provisions on introduction of protective measures
of internal market

      1. For protection of economic interests of producers of goods in the Union may be introduced protective measures of internal market in relation of goods, originated from the third countries and imported to the customs territory of the Union, in the form of special protective, antidumping and compensatory measures, as well as in the form of other measures in the cases, provided by Article 50 of this Agreement.
      2. The Commission shall take decision on application of special protective, antidumping or compensatory measure, on change or cancellation of special protective, antidumping or compensatory measure or on non-application of measure.
      3. Application of special protective, antidumping or compensatory measures shall be carried out on the conditions and in the manner according to the annex No.8 to the Agreement.
      4. Application of special protective, antidumping or compensatory measure upon import of goods is preceded by investigation, conducted in accordance with the annex No.8 to this Agreement by the body, determined by Commission as responsible for conducting of investigations (hereinafter – the body, conducting investigations).
      5. Transfer and distribution of special, antidumping, compensatory duties shall be carried out in accordance with the annex No.8 to this Agreement.

Article 49
Principles of application of special protective,
antidumping and compensatory measures

      1. Special protective measure may be applied to the goods in the case, if at the results of investigation, conducting by body, conducted investigation, established, that import of such goods to the customs territory of the Union shall be carried out in such increased quantities (in absolute or relative indices to the total volume of production in the member states of similar or directly competitive goods) and upon such conditions, that it causes serious damage to the branch of economy of the member states, or create a threat of causing such damage.
      2. Antidumping measure may be applied to the goods, being the subject of dumping import, in the case if at the results of investigation, conducted by body, conducting investigation, established that import of such goods to the customs territory of the Union causes material damage to the branch of economy of the member states, creates a threat of cause of such damage or significantly reduce creation of branch of economy of the member states.
      3. Compensatory measure may be applied to the imported goods, upon production, export or transportation of which the specific subsidy of exporting third country is used, in the case if at the results of investigation, conducted by body, conducting investigation established that import of such goods to the customs territory of the Union causes material damage to the branch of economy of the member states, creates a threat of cause of such damage or significantly reduce creation of branch of economy of the member states.
      4. For the purposes of application of measures of protection of internal market under the branch of economy of the member states means all the producers of the similar goods (for the purposes of antidumping and compensatory investigations) or similar or directly competitive goods (for the purposes of special protective investigation) in the member states or those of them whose share in the total volume of production in the member states of respectively the same or similar or directly competitive goods constitutes a significant part, but not less than 25 percent.

Article 50
Other measures of internal market

      The right of application of protective measures of internal market on bilateral basis, other than the special protective, antidumping and compensatory measures, as well as in relation of import of agricultural goods may be provided by international agreement of the Union with third party on establishment of the regime of free trade for the purposes of elimination of negative impact of import from this third party on the producers of the member states.
      Decision on application of such measures shall be applied by the Commission.

Section X
Technical regulation

Article 51
General principles of technical regulation

      1. Technical regulation within the Union shall be carried out in accordance with the following principles:
      1) establishment of compulsory requirements to products and related with requirements to the products of processes of design (including research), production, construction, installation, arrangement, operation, storage, transportation, implementation and utilization;
      2) establishement of unified mandatory requirements in the technical regulations of the Union or national mandatory requirements in the legislation of the member states to the products, included to the unified list of products, in relation of which the mandatory requirements within the Union (hereinafter – the unified list) are established;
      3) application and execution of technical regulations of the Union in the member states without withdrawal;
      4) conformity of technical regulation within the Union to the level of economic development of the member states and level of scientific and technical development;
      5) independence of bodies on accreditation of the member states, bodies on approval of conformity of the member states and bodies on supervision (control) of the member states from producers, sellers, executors and acquirers, as well as the consumers;
      6) the unity of rules and methods of investigations (tests) and measurements upon conducting of procedures of compulsory assessment of conformity;
      7) the unity of application of requirements of technical regulations of the Union irrespective of the types and (or) features of transactions;
      8) inadmissibility of restriction of competition upon implementation of conformity assessment;
      9) carrying out of the state control (supervision) of compliance with the requirements of technical regulations of the Union on the basis of harmonization of the legislation of the member states;
      10) voluntary application of standards;
      11) development and application of interstate standards;
      12) harmonization of interstate standards with international and regional standards;
      13) the unity of rules and procedures of conducting of compulsory conformity assessment;
      14) ensuring of harmonization of the legislation of the member states in a part of establishment of responsibility for violation of mandatory requirements to the products, rules and procedures of conducting of compulsory conformity assessment;
      15) conducting of systematic policy in the field of ensuring of the unity of measurements within the Union;
      16) non-admission of establishment of excessive barriers for maintenance of entrepreneurial activity;
      17) establishment of transitional provisions for the purposes of phased transition to the new requirements and documents.
      2. Provisions of this section shall not be distributed to the establishment and application of sanitary, veterinary and sanitary, quarantine phytosanitary measures.
      3. Procedure, rules and procedures of technical regulation within the Union shall be established according to the annex No.9 to this Agreement.
      4. Systematic policy in the field of ensuring of the unity of measurements within the Union shall be conducted according to the annex No. 10 to this Agreement.

Article 52
Technical regulations of the Union and standards

      1. For the purposes of protection of human life and (or) health, property, environment, life and (or) health of animal and plant, prevention of actions, misleading the consumers, as well as for the purposes of ensuring of energy effectiveness and resource-saving within the Union shall be adopted the technical regulations of the Union.
      Adoption of technical regulations of the Union in other purposes shall not be allowed.
      Procedure of development and adoption of technical regulations of the Union, as well as procedure of making amendments and cancelation shall be determined by the Commission.
      Technical regulation of the Union or national mandatory requirements shall operate only in relation of products, included to the unified list, approved by the Commission.
      Procedure of formation and maintenance of the unified list shall be approved by the Commission.
      The member states shall not allow establishment of mandatory requirements in its legislation in relation of products, not included to the unified list.
      2. Technical regulations of the Union shall have a direct effect in the territory of the Union.
      Procedure of introduction into effect of adopted technical regulation of the Union and transitional provisions shall be determined by the technical regulation of the Union and (or) act of the Commission.
      3. For implementation of requirements of technical regulation of the Union and conformity assessment to the requirements of technical regulation of the Union on a voluntary basis may be applied the international, regional (interstate) standards, and in the case of their absence (before adoption of regional (interstate) standards) – national (state) standards of the member states.

Article 53
Circulation of products and action of technical
regulations of the Union

      1. Products released in circulation in the territory of the Union shall be safe.
      Rules and procedure of ensuring of the safety and circulation of products, requirements of which are not established by the technical regulations of the Union shall be determined by international; agreement within the Union.
      2. Products, in relation of which the technical regulation of the Union (technical regulations of the Union) is entered into force shall be released in circulation in the territory of the Union upon condition that it passed the necessary procedures of conformity assessment, established by technical regulation of the Union (technical regulation of the Union).
      The member states shall ensure circulation of products, relevant to the requirements of technical regulation of the Union (technical regulations of the Union), in its territory without presentation of additional requirements to such products in relation of contained in the technical regulation of the Union (technical regulations of the Union) and without conducting of additional procedures of conformity assessment.
      Provisions of the second item of this paragraph shall not be distributed to application of sanitary, veterinary and sanitary, quarantine phytosanitary measures.
      3. From the date of entering into force of technical regulation of the Union in the territories of the member states, the relevant mandatory requirements to the products or related with requirements to the products of the processes of design (including research), production, construction, installation, arrangement, operation, storage, transportation, implementation and utilization, established by the legislation of the member states or acts of the Commission shall act only in the part, determined by transitional provisions, and from the date of termination of action of transitional provisions, determined by technical regulation of the Union and (or) act of the Commission shall not be applied for release of products in circulation, conformity assessment of objects of technical regulation, state control (supervision) of observance of requirements of technical regulations of the Union.
      Provisions of the first item of this paragraph shall not be distributed to application of sanitary, veterinary and sanitary, quarantine phytosanitary measures.
      Mandatory requirements to products or products and related with requirements to the products of processes of design (including research), production, construction, installation, arrangement, operation, storage, transportation, implementation and utilization, established by the acts of the Commission shall be include to the technical regulations of the Union before the date of entering into force of technical regulation of the Union.
      4. The state control (supervision of observance of requirements of technical regulations of the Union shall be conducted in the manner established by the legislation of the member states.
      Principles and approaches to harmonization of the legislation of the member states in the scope of the state control (supervision) of observance of requirements of technical regulations of the Union shall be determined by international agreement within the Union.
      5. Responsibility of non-compliance with requirements of technical regulations of the Union, as well as for violation of procedures of conducting of conformity assessment of products to the requirements of technical regulations of the Union shall be established in accordance with the legislation of the member states.

Article 54
Accreditation

      1. Accreditation within the Union shall be carried out in accordance with the following principles:
      1) harmonization of rules and approaches in the field of accreditation with international standards;
      2) ensurance of voluntary accreditation, openness and accessibility of information on procedures, rules and results of accreditation;
      3) ensuring the objectivity, impartiality and competence of the accreditation bodies of the member states;
      4) ensuring of equal conditions for the applicants for accreditation in relation of accreditation and ensuring of privacy of information, received upon accreditation;
      5) inadmissibility of combining of powers on accreditation by one body of the member state with powers on the state control (supervision), except for the carrying out of control of activity of accredited bodies on conformity assessment of the member states (as well as bodies on certification, testing laboratories (centers));
      6) inadmissibility of combining of powers on accreditation and on conformity assessment by one body of the member state.
      2. Accreditation of bodies on conformity assessment shall conduct the bodies on accreditation of the member states, authorized in accordance with the legislation of the member states for implementation of this activity.
      3. A body on accreditation of one member state shall not compete with the bodies on accreditation of other member states.
      A body on conformity assessment of one member state shall be applied for the purposes of accreditation to the body on accreditation of another member state, in the territory of which it is registered as a legal entity for non-admission of competition of bodies on accreditation of the member states.
      In the case if the body on accreditation of one member state for the purposes of accreditation is applied to the body on conformity assessment, registered in the territory of another member state as a legal entity, this body on accreditation shall inform on that the body on accreditation of another member state, in the territory of which the body on conformity assessment is registered. In the specified case it is allowed to conduct accreditation by the bodies on accreditation of the member states, if body on accreditation of another member state, in the territory of which this body on conformity assessment is registered shall not carry out accreditation in the required area. Upon that the body on accreditation of the member state, in the territory of which the body on conformity assessment is registered shall have a right to participate as an observer.
      4. Bodies on accreditation of the member states shall carry out mutual comparative assessments for the purposes of achievement of equivalence of applied procedures.
      Recognition of results of works on accreditation of bodies on conformity assessment of the member states shall be carried out according to the annex No. 11 to this Agreement.

Article 55
Elimination of technical barriers in the mutual
trade with third countries

      Procedure and conditions of elimination of technical barriers in mutual trade with third countries shall be determined by international agreement within the union.

Section XI
SANITARY, VETERINARY AND SANITARY, QUARANTINE
PHYTOSANITARY MEASURES

Article 56
General principles of application of sanitary, veterinary and
sanitary, quarantine phytosanitary measures

      1. Sanitary, veterinary and sanitary, quarantine phytosanitary measures shall be applied on the basis of principles, having scientific justification, and only to the extent that is necessary to protect the human life and health, animals and plants.
      Sanitary, veterinary and sanitary, quarantine phytosanitary measures, applied within the Union shall be based on international and regional standards, guidelines and (or) recommendations, except for the cases, when on the basis of relevant scientific justification introduced the sanitary, veterinary and sanitary, quarantine phytosanitary measures, which ensure a higher level of sanitary, veterinary and sanitary, quarantine phytosanitary protection, than measures based on the relevant international and regional standards, guidelines and (or) recommendations.
      2. For the purposes of ensuring of sanitary and epidemiological welfare of the population, as well as veterinary and sanitary, quarantine phytosanitary security within the Union shall be conducted the systematic policy in the scope of application of sanitary, veterinary and sanitary, quarantine phytosanitary measures.
      3. The systematic policy shall be implemented by joint development, application and implementation of international treaties and acts of the Commission by the member states in the field of application of sanitary, veterinary and sanitary, quarantine phytosanitary measures.
      4. Each of the member states shall have a right to develop and introduce temporary sanitary, veterinary and sanitary, quarantine phytosanitary measures.
      Procedure of interaction of authorized bodies of the member states upon introduction of temporary sanitary, veterinary and sanitary, quarantine phytosanitary measures shall be approved by the Commission.
      5. Coordinated approaches upon conducting of identification, registration and traceability of animals and animal products shall be applied in accordance with the acts of commission.
      6. Application of sanitary, veterinary and sanitary, quarantine phytosanitary measures and interaction of authorized bodies of the member states in the field of sanitary, veterinary and sanitary, quarantine phytosanitary measures shall be carried out according to the annex No.12 to this Agreement.

Article 57
Application of sanitary measures

      1. Sanitary measures shall be applied in relation of persons, transport vehicles, as well as controlled to the sanitary and epidemiological supervision (control) of products (goods), included in accordance with the acts of Commission to the unified list of products (goods), subjected to the state sanitary and epidemiological supervision (control).
      2. The unified sanitary and epidemiological, hygienic requirements and procedures shall be established to the products (goods), subjected to the state sanitary and epidemiological supervision (control).
      The unified sanitary and epidemiological, hygienic requirements to the products (goods), in relation of which the technical regulations of the Union are developed shall be included to the technical regulations of the Union in accordance with the acts of Commission.
      3. Procedure of development, approval, change and application of the unified sanitary and epidemiological, hygienic requirements and procedures shall be approved by the Commission.
      4. For the purposes of ensuring of sanitary and epidemiological welfare of the population by the authorized bodies in the field of sanitary and epidemiological welfare of the population shall be carried out the state sanitary and epidemiological supervision (control) in accordance with the legislation of the member states and acts of the Commission.
      Authorized bodies in the field of sanitary and epidemiological welfare of the population may carry out the state supervision (control) of observance of requirements of technical regulations of the Union within the state sanitary and epidemiological supervision (control) in accordance with the legislation of the member states.

Article 58
Application of veterinary and sanitary measures

      1. Veterinary and sanitary measures shall be applied in relation of the goods (as well as goods for the private use), imported to the customs territory of the Union and transported through the customs territory of the Union, included to the unified list of goods, subjected to the veterinary control (supervision), approved by the Commission, as well as in relation of objects, subjected to the veterinary and sanitary control (supervision).
      2. The unified veterinary (veterinary and sanitary) requirements, approved by the Commission shall be applied to the goods and objects, subjected to the veterinary control (supervision).
      3. For the purposes of prevention of import and distribution of agents of contagious animal diseases, as well as general for human and animals, and goods, not relevant to the unified veterinary (veterinary and sanitary) requirements shall be carried out by the veterinary control (supervision) of goods controlled to the veterinary control (supervision), including the goods for the private use, as well as objects, subjected to the veterinary control (supervision) in accordance with the acts of Commission.
      Interaction of the member states upon prevention, diagnosis, localization and liquidation of the centers of especially dangerous, quarantine and zoonotic animal diseases shall be carried out in the manner established by the Commission.
      4. Authorized bodies in the field of veterinary shall carry out veterinary control (supervision) upon movement of goods, controlled to the veterinary control (supervision) through the customs border of the Union in the checkpoints through the state borders of the member states or in other places, determined by the legislation of the member states, which are fitted and equipped by the means of veterinary control (supervision) in accordance with the legislation of the member states.
      5. Each lot of goods, controlled to the veterinary control (supervision) shall be imported to the customs territory of the Union in accordance with the unified veterinary (veterinary and sanitary) requirements, approved by Commission, and upon condition of existence of permission, issued by the authorized body in the field of veterinary member state, in the territory of which the specified goods are imported, and (or) veterinary certificate, issued by the component body of country of sending of specified goods.
      6. The goods, controlled to the veterinary control (supervision) shall be transferred from the territory of one member state to the territory of another member state in accordance with the unified veterinary (veterinary and sanitary) requirements. The specified goods shall be accompanied by a veterinary certificate, unless otherwise determined by the Commission.
      The member states shall mutually recognize veterinary certificates issued by the authorized bodies in the field of veterinary on the unified forms, approved by the Commission.
      7. The basic principles of ensurance of security of goods, controlled to the veterinary control (supervision) upon their production, processing, transportation and (or) storage in the third countries shall be conducting of an audit of foreign official system of supervision.
      Authorized bodies in the field of veterinary shall conduct the audits of official foreign systems of supervision and verification (inspection) of objects, subjected to the veterinary control (supervision) in accordance with the acts of the Commission.
      8. The member states shall have a right to develop and introduce temporary veterinary (veterinary and sanitary) requirements and measures in the case of reception of official information from the relevant international organizations, member states, as well as from the third countries on deterioration of epizootic situation in the territories of third countries or member states.
      In the case of existence of specified information, but in the absence of sufficient scientific justification or impossibility of its presentation in the necessary terms, the member states may take urgent veterinary and sanitary measures.

Article 59
Quarantine phytosanitary measures

      1. Quarantine phytosanitary measures shall be applied in relation of products, included to the list of quarantine products (quarantine cargo, quarantine materials, quarantine goods), subjected to the quarantine phytosanitary control (supervision) in the customs border of the Union and in the customs territory of the Union (hereinafter – the list of quarantine products), quarantine objects, included to the unified list of quarantine objects of the Union, as well as quarantine objects.
      2. Quarantine phytosanitary control (supervision) in the customs territory of the Union and customs border of the Union shall be carried out in relation of products, included to the list of quarantine products, quarantine objects, included to the unified list of quarantine objects of the Union, as well as quarantine objects.
      3. The list of quarantine products, the unified list of quarantine objects of the Union and unified quarantine phytosanitary requirements shall be approved by the Commission.

Section XII
PROTECTION OF RIGHTS OF CONSUMERS

Article 60
Guarantee of protection of rights of consumers

      1. The rights of consumers and their protection shall be guaranteed by the legislation of the member states on protection of rights of consumers, as well as by this Agreement.
      2. Citizens of the member states, as well as other persons, residing in its territory shall be used in the territories of other member states the same legal protection in the field of protection of consumers as the citizens of other member states and shall have a right to apply to the state and social organizations on protection of rights of consumers, other organizations, as well the courts and (or) carry out other procedural actions on the same conditions, as the citizens of other member states.

Article 61
Policy in the scope of protection of consumers

      1. The member states shall conduct the systematic policy in the scope of protection of consumers, directed to formation of equal conditions for citizens of the member states on protection of their interests from unfair activity of business subjects.
      2. Conducting of systematic policy in the scope of protection of consumers shall be ensured in accordance with this Agreement and legislation of the member states on protection of consumers on the basis of principles according to the annex No. 13 to this Agreement.

PART THREE
COMMON ECONOMIC SPACE

Section XIII
MACROECONOMIC POLICY

Article 62
Basic directions of systematic macroeconomic policy

      1. Systematic macroeconomic policy, providing development and implementation of joint actions of the member states for the purposes of achievement of balanced development of economy of the member states shall be conducted within the Union.
      2. Coordination of conducting of systematic macroeconomic policy by the member states shall be carried out by the Commission according to the annex No. 14 to this Agreement.
      3. Basic directions of systematic macroeconomic policy conducted by the member states shall include:
      1) ensuring of sustainable development of economy of the member states with the use of integration potential of the Union and competitive advantages of each member state;
      2) formation of unified principles of functioning of economy of the member states and ensuring of their effective interaction;
      3) creation conditions for increasing of internal stability of economy of the member states, including ensurance of macroeconomic stability, as well as stability to the external effect;
      4) development of general principles and guidelines for the prediction of socio-economic development of the member states.
      4. Implementation of basic directions of systematic macroeconomic policy shall be carried out in accordance with annex No. 14 to this Agreement.

Article 63
Basic macroeconomic indices, determining stability of
economic development

      The member states shall form the economic policy within the following quantitative values of macroeconomic indices, determining stability of economic development:
      the annual deficit of the consolidated budget of the state management sector
      - does not exceed 3 percent of gross domestic product;
      the debt of the state management sector
      - does not exceed 50 percent of gross domestic product;
      rate of inflation (consumer price index) in the annual terms (December to December of the previous year, in the percent) - does not exceed more than 5 percentage points of rates of inflation in the member state in which the index has lower-range value.

Section XIV
CURRENCY POLICY

Article 64 Purposes and principles of systematic
currency policy

      1. The member states for the purposes of deepening of economic integration, development of cooperation in the currency and financial scope, ensuring of free movement of goods, services and capital in the territories of the member states, increase the role of national currencies of the member states in the foreign trade and investments operations, as well as ensuring of mutual convertibility of specified currencies shall develop and conduct the systematic currency policy on the basis of the following principles:
      1) phased implementation of harmonization and approximation of approaches to formation and conducting of currency policy in to the extent to which it corresponds to the prevailing macroeconomic needs of integration and cooperation;
      2) creation of necessary organizational and legal conditions in national and interstate level for development of integration processes in the currency scope, coordination and harmonization of currency policy;
      3) non-application of actions in the currency scope, which may adversely affect to the development of integration processes, and in the case of forced application - minimizing the consequences of such actions;
      4) conducting of economic policy, directed to increasing confidence to the national currency of the member states, both in the internal currency market of each member states, as in the international currency markets.
      2. For the purposes of systematic currency policy, the member states shall implement measures according to the annex No. 15 to this agreement.
      3. Coordination of exchange rate policy shall be carried out by the separate body, in the composition of which the heads of the national (central) banks of the member states are included and procedure of activity of which is determined by international agreement within the Union.
      4. Coordinated approaches of the member states to regulation of currency legal relations and adoption of liberalization measures shall be determined by international treaty within the Union.

Section XV
TRADE IN SERVICES, INSTITUTION, ACTIVITY AND
IMPLEMENTATION OF INVESTMENTS

Article 65
Purposes and subject of regulation, the scope of application

      1. The purpose of this section shall be ensuring of freedom of trade in services, institutions, activities and implementation of investments within the Union in accordance with conditions of this section and annex No.16 to this Agreement.
      The legal basis of regulation of trade in services, institutions, activities and implementation of investments in the member states shall be determined by the annex No.16 to this Agreement.
      2. Provisions of this section shall be applied to the measures of the member states, affecting the suuply and reception of services, institution, activity and implementation of investments.
      Provisions of this section shall not be applied:
      to the state (municipal) purchases, regulated by section XXII of this Agreement;
      to the supplied services and carried out activity in execution of functions of the state power.
      3. Services covered by sections XVI, XIX, XX and XXI of this Agreement respectively shall be regulated by provisions of these sections. Provisions of this section shall operate in a part, not contradicting to the specified sections.
      4. Features of legal relations, arising in connection with the trade in services of telecommunication shall be determined in accordance with Procedure of the trade in services of telecommunication (annex No.1 to the annex No. 16 of this Agreement).
      5. Features of entry, departure, residing and labour activity of individual shall be regulated by section XXVI of this Agreement in a part, not contradicting to this section.
      6. Nothing in this section shall be interpreted as:
      1) requirement to any member state to provide any information, the disclosure of which it considers as contrary to its essential security interests;
      2) prevention to any member state to take any actions, which it considers as necessary for protection of essential interests of its security by adoption of the legislative act, as well as:
            relating to supply of services, carrying out directly or indirectly for the purpose of supplying a military establishment;
      relating to fissile and thermonuclear materials or the materials from which they are derived;
      adopted in war time or other emergency circumstances in the international relations;
      3) prevention for any member state to take any action for execution of obligations in accordance with the United Nation Charter for the purposes of preservation of international security and peace.
      7. Provisions of this section shall not prevent to the member state to take or apply measures:
      1) necessary for protection of public morals or support of public order. Exceptions for reasons of public order may be applied only in the cases, when justifiable and sufficiently serious threat is formed in relation of one from fundamental interests of society;
      2) necessary for protection of life or health of human, animal or plant;
      3) necessary for observance of the legislation of the member states, not contradicting to the provisions of this section, including measures, relevant to:
      prevention of misleading and abusive practice or consequences of non-observance of civil agreements;
      protection from intervention to private life of individuals upon processing and dissemination of details of personal character and protection of confidentiality of details on private life and accounts;
      security;
      4) inconsistent with paragraphs 21 and 24 of annex No. 16 to this Agreement, upon condition, that the difference in actually provided regime is aimed at ensuring the justified or effective imposition of direct taxes and their collection from persons of another member state or third states in relation of the trade in services, institutions and activities and such measures shall not contradict to provisions of international treaties of the member states;
      5) inconsistent with paragraphs 27 and 29 of annex No. 16 to this agreement, upon condition, that the difference in relation of regime is the result of agreement on issues of imposition of tax, as well as on avoidance of double taxation, participant of which shall be the relevant member state.
      8. Application of measures, provided by paragraph 7 of this Article shall not lead to arbitrary or unjustified discrimination between the member states or to latent restrictions in the trade in services, institutions, activity and implementation of investments.
      9. If the member state preserves, in relation of third state, restrictions or prohibitions in relation of trade in services, institutions, activity and implementation of investments, nothing in this section shall be construed as obligation of such member state to distribute to the persons of another member state the provisions of this section, if such person owned or controlled by persons of specified third state, and distribution of provisions of this section will lead to circumvention or violation of these prohibitions and restrictions.
      10. Member state may not distribute its obligations, assumed them in accordance with this section to the person of another member state in relation of trade in services, institutions, activity and implementation of investments, in the case if it is proved that such person of another member state does not implement essential business operations in the territory of this member states and owned or controlled by person of first member state or person of third state.

Article 66
Liberalization of the trade in services, institutions,
activity and implementation of investments

      1. The member states shall not introduce new discriminatory measures in relation of the trade in services, institutions and activity of persons of other member states in comparison with the regime effective on the date of entry into force of this Agreement.
      2. For the purposes of ensuring of freedom of trade in services, institutions, activity and implementation of investments, the member states shall conduct phased liberalization of conditions of mutual trade in services, institutions, activity and implementation of investments.
      3. The member states shall seek to creation and ensuring of functioning of unified market of services, provided by paragraphs 38-43 of the annex No. 16 to this Agreement, in the maximum number of sectors of services.

Article 67
Principles of liberalization of the trade in services,
institutions, activity and implementation of investments

      1. Liberalization of the trade in services, institutions, activity and implementation of investments shall be carried out in recognition of international principles and standards by harmonization of the legislation of the member states and organization of mutual administrative cooperation of component bodies of member states.
      2. In the process of liberalization of trade in services, institutions, activity and implementation of investments of the member state shall be managed by the following principles:
      1) optimization of internal regulation - the gradual simplification and (or) abolition of excessive internal regulation, as well as permissive requirements and procedures for suppliers, service recipients, persons, carried out institution or activity, and investor in recognition of international best practice of regulation of specific sectors of services, and in the case of its absence - by selection and application of the most advanced models of the member states;
      2) proportionality – necessity and sufficiency of levels of harmonization of the legislation of member states and mutual administrative cooperation for the effective functioning of the market of services, institutions, activity or implementation of investments;
      3) mutual benefit – liberalization of the trade in services, institutions, activity and implementation of investments on the basis of equitable distribution of benefits and obligations in recognition of sensitivity of sectors of services and types of activity for each member state;
      4) subsequence – taking any measures in relation of the trade in services, institutions, activity and implementation of investments, as well as harmonization of the legislation of the member states and administrative cooperation on the basis of the following:
      in any of the sectors of services and types of activity inadmissible deterioration of conditions of mutual access in comparison with the conditions effective on the date of signing of this Agreement and conditions vested in this Agreement;
      phased reduction of restrictions, exemptions, additional requirements and conditions, provided by individual national lists of restrictions, exemptions, additional requirements and conditions, approved by the Superior Council, specified in the item 4 of paragraph 2, and paragraphs 15 - 17, 23, 26, 28, 31, 33 and 35 of the annex No.16 to this Agreement;
      5) economic practicability – conducting within formation of the unified market of services, provided by paragraphs 38-43 of the annex No.16 to this Agreement, liberalization of the trade in services in the priority procedure in relation of sectors of services, in the greatest extend affecting on the cost price, competitiveness and (or) volumes of produced and sold in the internal market of the Union of goods.

Article 68
Administrative cooperation

      1. The member states shall render assistance to each other in ensuring of effective cooperation between the component bodies on issues, regulated by this section.
      The component bodies of the member states shall conclude an agreement for ensuring of effective cooperation, as well as for exchange of information.
      2. Administrative cooperation shall include:
      1) operative information exchange between the component bodies of the member states in general both on the sectors of services, as in relation of specific participants of the market;
      2) creation of a mechanism of prevention of violation of rights and legal interests of consumers, fair market entities, as well as public (state) interests by the suppliers of services.
      3. The component bodies of the member state may request from the component bodies of other member states within the concluded agreements, information, relating to the scope of the competence of the last and necessary for effective implementation of requirements, provided by this section, as well as:
      1) on persons of other member states, carried out institution or supplying services in the territory of the first member state, and in particular on details, approving that such persons is really established in their territories and that according to the competent bodies, these persons carry out an entrepreneurial activity;
      2) on permissions, issued by the component bodies and types of activity, on carrying out of which the permission is issued;
      3) on administrative measures, criminal law sanctions or decisions on recognition of insolvency (bankruptcy) of the person, which were accepted by the component bodies in relation of this person and which directly affect his (her) competence or professional reputation. The component bodies of one member state shall present the relevant information to the component bodies of another member state, requested it, as well as on the grounds of involvement to responsibility of persons, implemented institution or supplying services in the territory of the first member state.
      4. Administrative cooperation of the component bodies of the member states (as well as carrying out control and supervision of activity) shall be carried out for the purposes of:
      1) creation of effective system of rights protection of reception of services of one member state upon supply of these services by the supplier of another member state;
      2) execution of tax and other obligations by suppliers and recipients of services;
      3) suppression of unfair business practices;
      4) ensuring the reliability of statistical data on volumes of services of the member states.
      5. In the case if the member state became aware on actions of any of suppliers of services, persons, carrying out institution or activity, or investors, who are able to cause damage to health or safety of people, animal, plants or environment in the territory of this member state or in the territories of other member states, the first member state shall inform on that all member states and Commission as soon as possible.
      6. Commission shall assist to creation and participate in the process of functioning of information systems of the Union on issues, regulated by this section.
      7. The member states may inform Commission on the cases of non-execution of obligations, provided by this Article by other member states.

Article 69
Transparency

      1. Each member state shall ensure the openness and accessibility of its legislation on issues regulated by this section.
      In these purposes all regulatory legal acts of the member state, which affect or may affect the issues, regulated by this section shall be published in the official source, and if it is possible at an appropriate site in the information and telecommunications network “Internet” (hereinafter – Internet), so that any person, rights and (or) obligations of which may be affected by these regulatory legal acts has the opportunity to become acquainted with them.
      2. Regulatory legal acts of the member state, specified in paragraph 1 of this Article shall be published in the term, ensuring the legal certainty and reasonable expectations of persons, rights and (or) obligations of which may be affected by these regulatory legal acts, but in any case before the date of their entry into legal force (introduction into effect).
      3. The member states shall ensure preliminary publication of projects of regulatory legal acts, specified in paragraph 1 of this Article.
      The member states shall post projects of regulatory legal acts, information on procedure of direction by persons the comments and suggestions on them, as well as details on the term of conducting of public discussion of project of regulatory legal act in the Internet on the official websites of the state bodies, responsible for development of project of regulatory legal act, or on the specially created sites for the purposes of provision possibilities to direct their comments and suggestions to all interested persons.
      Projects of specified regulatory legal acts shall be published, in general, 30 calendar days before the date of their adoption. Such preliminary publication shall not be required in the exceptional cases, requiring operative regulation, as well as in the cases, when preliminary publication of projects of regulatory legal acts may intervene to their execution or otherwise contradict to the public interests.
      Comments and (or) suggestions, received by the component bodies of the member states within the public discussion, as possible shall be considered upon updating of projects of regulatory legal acts.
      4. Publication of regulatory legal acts (their projects), specified in paragraph 1 of this Article shall be accompanied by an explanation of the purposes of their adoption and application.
      5. The member states shall create mechanism, ensuring presentation of responses to written or electronic requests of any person on effective and (or) planned to adopt regulatory legal acts, specified in paragraph 1 of this Article.
      6. The member states shall ensure consideration of applications of persons of other member states on issues regulated by this section, in accordance with their legislation in the manner established for their persons.

Section XVI
REGULATION OF FINANCIAL MARKETS

Article 70
Purposes and principles of regulation of financial markets

      1. The member states within the Union shall carry out the coordinated regulation of financial markets in accordance with the following purposes and principles:
      1) deepening of economic integration of the member states for the purposes of creation within the Union of common financial market and ensuring of non-discriminated access to the financial markets of the member states;
      2) ensuring of guaranteed and effective protection of rights and legal interests of consumers of financial services;
      3) creation of conditions for the mutual recognition of licenses in the banking and insurance sectors, as well as in the sector of services in the security market, issued by the authorized bodies of one member state, in the territories of other member states;
      4) determination of approaches to regulation of risks in the financial markets of the member states in accordance with the international standards;
      5) determination of requirements, presented to the banking activity, insurance activity and activity in the security market (prudential requirements);
      6) determination of procedure of carrying out of supervision of activity of participants of financial market;
      7) ensuring of transparency of activity of participants of financial market.
      2. For the purposes of creation of conditions in the financial market for ensuring of free movement of capital, the member states shall apply the following basic forms of cooperation, as well as:
      1) exchange of information, as well as confidential, between the authorized bodies of the member states on issues of regulation and development of banking activity and activity in the security market, control and supervision in accordance with international treaty within the Union;
      2) conducting of coordinated measures on discussion of current and possible problems, arising in the financial markets, and on development of suggestions on their decision;
      3) conducting of mutual consultations by the authorized bodies of the member states on issues of regulation of banking activity, insurance activity and activity in the security market.
      3. For achievement of purposes, set out in paragraph 1 of this Article, the member states shall carry out harmonization of its legislation in the scope of financial market in accordance with international treaty within the Union and in recognition of annex No. 17 to this Agreement and Article 103 of this Agreement.

Section XVII
TAXES AND TAXATION

Article 71
Principles of interaction of the member states in the
scope of taxation

      1. The goods, imported from the territory of one member state to the territory of another member state shall be imposed indirect taxes.
      2. The member states in the mutual trade shall collect taxes, other levies and charges in such a way that taxation in the member state, in the territory of which the sale of goods of other member states is carried out, was no less favorable than the taxation applied by that member state under the same circumstances in relation of similar goods originating from its territory.
      3. The member state shall determine directions, as well as forms and procedure of carrying out of harmonization of the legislation in relation of taxes, which has influence on the mutual trade, not to violate conditions of competition and does not impede the free movement of goods, works and services at the national level or at the level of the Union, including:
      1) harmonization (approximation) of rates of excise duties for the most sensitive excisable goods;
      2) further improvement of the system of collection of tax to the added cost in the mutual trade (as well as with application of information technologies).

Article 72
Principles of collection of indirect taxes in
the member states

      1. Collection of indirect taxes in the mutual trade in goods shall be carried out on the principle of the country of destination, providing application of a zero rate of tax to the added cost and (or) the exemption from payment of excise duties upon export of goods, as well as their taxation of indirect taxes upon import.
      Collection of indirect taxes and mechanism of control for their payment upon export and import of goods shall be carried out in the manner according to the annex No. 18 to this Agreement.
      2. Collection of indirect taxes upon execution of works, rendering of services shall be carried out in the member state, the territory of which is recognized as a place of implementation of works, services.
      Collection of indirect taxes upon execution of works, rendering of services shall be carried out in the manner provided by the annex No.18 to this Agreement.
      3. Exchange of information, necessary for ensuring of full payment of indirect taxes between the taxation bodies of the member state shall be carried out in accordance with the separate international interdepartmental agreement, which establishes the procedure of exchange of information, the form of application on the import of goods and payment of indirect taxes, the rules of its filling and requirements to the interchange format.
      4. Upon import of goods to the territory of one member state from the territory of another member state, the indirect taxes shall be collected by the taxation bodies of the member state to the territory of which the goods are imported, unless otherwise established by the legislation of this member state in a part of goods, subjected to marking with excise stamps (accounting and control marks, trademarks).
      5. Rates of indirect taxes in the mutual trade upon import of goods to the territory of the member state shall not exceed the rates of indirect taxes, which the similar goods are imposed upon their sale in the territory of this member state.
      6. Indirect taxes shall not be collected upon import to the territory of the member state of:
      1) goods, which in accordance with the legislation of this member state do not subject to taxation (exempted from taxation) upon import to its territory;
      2) goods, which are imported to the territory of the member state by individuals for the purposes of entrepreneurial activity;
      3) goods, the import of which to the territory of one member state from the territory of another member state is carried out in connection with their transfer within one legal entity (the obligation on notification of taxation bodies on import (export) of such goods may be established by the legislation of the member state).

Article 73
Taxation of incomes of individuals

      In the case if one member state in accordance with its legislation and provisions of international treaties shall have a right to impose taxes of incomes of tax resident (persons with permanent residence) of another member state in connection with the hired labour, carried out in the first mentioned member state, such income shall be imposed in the first member state from the first day of hired labour on the tax rates, provided for such incomes of individuals – tax residents (persons with permanent residence) of this first member state.
      Provisions of this Article shall be applied to the taxation of incomes in connection with the hired labour, received by citizens of the member state.

Section XVIII
GENERAL PRINCIPLES AND RULES OF COMPETITION

Article 74
General provisions

      1. The subject of this section shall be establishment of general principles and rules of competition, providing revelation and suppression of anticompetitive actions in the territories of the member states, and actions, rendering a negative effect on the competition in the trans-border market in the territory of two and more member states.
      2. Provisions of this section shall be distributed to the relations, linked with implementation of competitive (antimonopoly) policy in the territories of the member states, and on relations with participation of economic entities (market entities) of the member states, which render or may render a negative effect on competition in the trans-border markets in the territories of two and more member states. Criteria of referring of market to the trans-border for the purposes of determination of competence of Commission shall be established by decision of Superior council.
      3. The member states shall have a right to establish in its legislation additional prohibitions, as well as additional requirements and restrictions in relation of prohibitions, provided by Articles 75 and 76 of this Agreement.
      4. The member states shall conduct the systematic competitive (antimonopoly) policy in relation of actions of economic entities (market entities) of third countries, if such actions may render a negative effect on the state of competition in the goods markets of the member states.
      5. Nothing in this section shall be construed as impediment for any member state to assume any measures, which it considers necessary for protection of important interests of national defense or state security.
      6. Provisions of this section shall be applied to the subjects of natural monopolies in recognition of features, provided by this Agreement.
      7. Implementation of provisions of this section shall be carried out according to the annex No.19 to this Agreement.

Article 75
General provisions of competition

      1. Application by the member states the regulations of its competitive (antimonopoly) legislation to the economic entities (market entities) of the member states shall be carried out in the same way and equally irrespective of organization and legal form and place of registration of such economic entities (market entities) on the equal conditions.
      2. The member states shall establish in its legislation, including prohibitions on:
      1) agreements between the bodies of state authorities, local authorities, other bodies or organizations, carrying out their functions or between them and economic entities (market entities), if such agreements lead or may lead to non-admission, restriction or elimination of competition, except for the cases, provided by this Agreement and (or) other international treaties of the member states;
      2) provision of the state or municipal preferences, except for the cases, provided in the legislation of the member states and in recognition of features, provided by this Agreement and (or) other international treaties of the member states.
      3. The member states shall take efficient measures on prevention, revelation and suppression of actions (omission), provided by subparagraph 1 of paragraph 2 of this Article.
      4. The member states shall ensure effective control of economic concentration to the extent that is necessary for protection and development of competition in the territories of each member state in accordance with its legislation.
      5. Each member state shall ensure existence of body of the state authority, the competence of which includes implementation and (or) conducting of policy, which means, among other things, granting of such body of powers on control of observance of prohibition to the anticompetitive actions and prohibition to unfair competition, of economic concentration, as well as powers on prevention and revelation of violations of competitive (antimonopoly) legislation, taking measures on termination of specified violations and bringing to responsibility for such violations (hereinafter – authorized body of the member state).
      6. The member states shall establish in its legislation the fine sanctions for commission of anticompetitive actions in relation of economic entities (market entities) and civil servants of authorities, based on the principles of efficiency, proportionality, security, necessity and certainty and ensure control for their application. Upon that the member states recognize that in the case of application of fine sanctions, the highest fine sanctions shall be established for violations, representing the greatest threat for competition (restricting the competition of agreement, abuse of dominant position by economic entities (market entities) of the member states), upon that preferred the fine sanctions, calculated from the amount of sales of violator from sale of goods or from the amount of incomes of violator on the purchase of goods, in the market of which the infraction is committed.
      7. The member states shall ensure information openness of competitive (antimonopoly) policy, conducted by them in accordance with its legislation, as well as by placement of details on activity of authorized bodies of the member states in the mass media and on the Internet.
      8. Authorized bodies of the member states shall carry out interaction by direction of notifications, requests on provision of information, conducting of consultations, informing on investigations (consideration of cases), affecting the interests of another member state, conducting of investigations (consideration of cases) on request of the authorized body of one of the member states and informing on its results in accordance with the legislation of its state and this Agreement.

Article 76
General rules of competition

      1. Shall be prohibited actions (omission) of economic entity (market entity), holding a dominant position, the result of which is or may be non-admission, restriction, elimination of competition and (or) infringement of the interests of other persons, including the following actions (omission):
      1) establishment, maintaining monopolistically high or low prices of goods;
      2) withdrawal of goods from circulation, if the result of such withdrawal was increase the price of the goods;
      3) imposing of economically or technologically unjustified conditions of agreement to the contractor, unfavorable for him (her) or not related to the subject of agreement;
      4) economically or technologically unjustified reduction or termination of production of goods, if the goods are in demand or placed the orders for its delivery in the presence of possibility of its profitable production, as well as if such reduction or termination of production of goods are not directly provided by this Agreement and (or) other international treaties of the member states;
      5) economically or technologically unjustified refusal or evasion from conclusion of agreement with separate buyers (customers) in the case of existence of possibility of production or delivery of relevant goods in recognition of features, provided by this Agreement and (or) other international treaties of the member states;
      6) economically, technologically or otherwise unjustified establishement of different prices (tariffs) for the same goods, creation of discriminatory conditions in recognition of features, provided by this Agreement and (or) other international treaties of the member states;
      7) creation of obstacles to entry into the goods market or exit from the goods market to other economic entities (market entities).
      2. Shall not be allowed unfair competition, as well as:
      1) distribution of false, inadequate or distorted details, which may incur losses to the economic entity (market entity) or cause damage to its business reputation;
      2) misrepresentation in relation of nature, method and place of production, consumer properties, quality and quantity of goods or in relation of its producers;
      3) incorrect comparison of goods, produced or sold by the economic entities (market entity) with goods, producing or selling by other economic entities (market entities).
      3. Shall be prohibited agreements between the economic entities (market entities) of the member states, being competitors, acting on the same goods market, which lead or may lead to:
      1) establishement or support of prices (tariffs), discounts, additional charges (extra charges), markups;
      2) increase, reduction or support of prices at auctions;
      3) division of goods market on territorial principle, volume of sales or purchase of goods, assortment of sold products or composition of sellers or buyers (customers);
      4) reduction or termination of production of goods;
      5) refusal of conclusion of agreements with certain sellers or buyers (customers).
      4. Shall be prohibited “vertical” agreements between the economic entities (market entities), except for the “vertical” agreements, which are recognized as admissible in accordance with criterions of admissibility, established by the annex No.19 to this Agreement, in the case if:
      1) such agreement lead or may lead to establishement of prices of resale of goods, except for the case, when seller established the maximum price of resale of goods for buyer;
      2) such agreements provide the buyer’s obligation not to sell the goods of economic entity (market entity) which is a competitor of the seller. Such prohibition shall not be distributed to agreements on organization by the buyer of sale of goods under the trademark or by other means of identification of the seller or producer.
      5. Shall be prohibited other agreements between the economic entities (market entities), except for the “vertical” agreements, which are recognized as admissible in accordance with criterions of admissibility, established by the annex No.19 to this Agreement, in the case if it is established that such agreements lead or may lead to restriction of competition.
      6. Individuals, commercial organizations and non-commercial organizations shall be prohibited to carry out coordination of economic activity of economic entities (market entities) of the member states, if such coordination leads or may lead to any of consequences, specified in paragraphs 3 and 4 of this Article, which may not be recognized as admissible in accordance with criterions of admissibility, established by the annex No.19 to this Agreement. The member states shall have a right to establish in its legislation the prohibition to coordination of economic activity, if such coordination leads or may lead to the consequences, specified also in paragraph 5 of this Article, which may not be recognized as admissible in accordance with criterions of admissibility, established by the annex No.19 to this Agreement.
      7. Suppression of violations by the economic entities (market entities) of the member states, as well as individuals and noncommercial organizations of the member states, not carrying out an entrepreneurial activity, general rules of competition, established by this section, in the case of such violations render or may render a negative effect to competition in the trans-border markets in the territories of two and more member states, except for the financial markets shall be carried out by Commission in the manner provided by the annex No.19 to this Agreement.

Article 77
The state price regulation

      The order of introduction of the state price regulation, as well as challenge of decisions of the member states on its introduction shall be determined by the annex No.19 to this Agreement.

Section XIX
NATURAL MONOPOLIES

Article 78
Scopes and subjects of natural monopolies

      1. The member states upon regulation of activity of subjects of natural monopolies shall be guided by regulations and provisions, provided by the annex No.20 to this Agreement.
      2. Provisions of this section shall be distributed to the relations with participation of subjects of natural monopolies, consumers, executive bodies, local authorities of the member states in the scopes of natural monopolies, having influence with the trade between the member states and specified in the annex No.1 to the annex No.20 to this Agreement.
      3. Legal relations in the specific scopes of natural monopolies shall be determined by this section in recognition of features, provided by sections XX and XXI of this Agreement.
      4. In the member states the scopes of natural monopolies shall also include the scopes of natural monopolies, specified in the annex No.2 to the annex No. 20 to this Agreement.
      In relation of scopes of natural monopolies, specified in the annex No.2 to the annex No.20 to this Agreement shall be applied the requirements of the legislation of the member states.
      5. The list of services of subjects of natural monopolies, referred to the scopes of natural monopolies shall be established by the legislation of the member states.
      6. The member states shall seek to harmonization of the scopes of natural monopolies, specified in the annexes No.1 and 2to the annex No.20 to this Agreement, by their reduction and with possible determination of transitional period in the sections XX and XXI of this Agreement.
      7. Expansion of scopes of natural monopolies in the member states shall be carried out:
      in accordance with the legislation of the member states in the case, if the member state intends to include to the scope of natural monopolies the scope, which is the scope of natural monopoly in another member state and given in the annex No.1 or No.2 to the annex No.20 to this Agreement;
      by the decision of Commission in the case, if to the scope of natural monopolies the member state intends to include other scope of natural monopolies, not specified in the annex No.1 or 2 to the annex No.20 to this Agreement, after relevant application of this member state to the Commission.
      8. This section shall not be distributed to the relations, regulated by existing bilateral international treaties between the member states. The newly concluded bilateral treaties between the member states may not be contrary to this section.
      9. Provisions of the section XVIII of this Agreement shall be applied to the subjects of natural monopolies in recognition of features, provided by this section.

Section XX
ENERGETICS

Article 79
Interaction of the member states in the scope of energetics

      1. For the purposes of effective use of potential fuel and energy complexes of the member states, as well as ensuring of national economics with main types of energy resources (electric energy, gas, oil and petroleum products), the member states shall develop the long term mutually beneficial cooperation in the scope of energetics, conduct coordinated energy policy, carry out the gradual formation of common markets of energy resources in accordance with international treaties, provided in Articles 81,83 and 84 of this Agreement, in recognition of ensuring of energy security, based on the following basic principles:
      1) ensuring of market pricing for energy resources;
      2) ensuring development of competition in the common markets of energy resources;
      3) absence of technical, administrative and other obstacles to the trade in energy resources, with appropriate equipment, technologies and related services;
      4) ensuring development of transport infrastructure of common markets of energy resources;
      5) ensuring of nondiscriminatory conditions for economic entities of the member states in the common markets of energy resources;
      6) creation of favorable conditions for involvement of investments to the energy complex of the member states;
      7) harmonization of national regulations and rules of functioning of technological and commercial infrastructure of common markets of energy resources.
      2. The legislation of the member states shall be applied to the relations of economic entities of the member states, carrying out its activity in the scopes of electric energy, gas, oil and petroleum products, not regulated by this section.
      3. Provisions of section XVIII of this Agreement in relation of activity of economic entities of the member states in the scopes of electric energy, gas, oil and petroleum products shall be applied in recognition of features, provided by this section and section XIX of this Agreement.

Article 80
Indicative (forward) gas balances, oil and petroleum products

      1. For the purposes of effective use of complex energy potential and optimization of interstate supplies of energy resources, the authorized bodies of the member states shall develop and coordinate:
      indicative (forward) gas balance of the Union;
      indicative (forward) oil balance of the Union;
      indicative (forward) petroleum products balance of the Union.
      2. Development of balances, specified in paragraph 1 of this Article shall be carried out in recognition of Commission and in accordance with methodology of formation of indicative (forward) gas balance, oil, petroleum products balances, provided by paragraph 1 of Article 104 of this Agreement, and coordinated by the authorized bodies of the member states.

Article 81
Formation of common electric power market of the Union

      1. The member states shall carry out the gradual formation of common electric power market of the Union on the basis of electric power systems operating in parallel in recognition of transitional provisions, provided by paragraphs 2 and 3 of Article 104 of this Agreement.
      2. The member states shall develop the concept and program of formation of common electric power market of the Union, approved by Superior council.
      3. The member states shall conclude international treaty within the Union on formation of common electric power market, based on the provisions of approved concepts and programs of formation of common electric power market of the Union.

Article 82
Ensuring access to the services of subjects of natural
monopolies in the scope of electric-power industry

      1. Within the limits of current technical capability the member states shall ensure unimpeded access to the services of subjects of the natural monopolies in the scope of electric-power industry upon condition of priority use of specified services for ensuring of domestic needs in electric energy (power) of the member states in accordance with unified principles and rules according to the annex No.21 to this Agreement.
      2. Principles and rules of access to the services of subjects of natural monopolies in the scope of electric-power industry, including basics of pricing and tariff policy, imposed in the annex No.21 to this Agreement shall operate in relation of the Republic of Belarus, Republic of Kazakhstan and Russian Federation. In the case of accession of new members to the Union, the relevant changes shall be included to the specified annex.

Article 83
Formation of common market of gas of the Union and ensuring
of access to the services of subjects of natural monopolies
in the scope of gas transportation

      1. The member states shall carry out the gradual formation of common market of gas of the Union according to the annex No.22 in recognition of transitional provisions, provided by paragraphs 4 and 5 of Article 104 of this Agreement.
      2. The member states shall develop the concept and program of formation of common market of gas of the Union, approved by the Superior council.
      3. The member states shall conclude an international treaty within the Union on formation of common market of gas, based on the provisions of approved concepts and program of formation of common market of the Union.
      4. The member states within the current technical capabilities, free capacity of gas transmission systems in recognition of coordinated indicative (forward) gas balance of the Union and on the basis of civil agreements of economic entities shall ensure unimpeded access of economic entities of other member states to the gas transmission systems, placed in the territories of the member states, for gas transportation on the basis of unified principles, conditions and rules, provided by the annex No. 22 to this Agreement.

Article 84
Formation of common markets of oil and petroleum products
of the Union and ensuring of access to the services of
subjects of natural monopolies in the scope of oil
and petroleum products transportation

      1. The member states shall carry out the gradual formation of common market of oil and petroleum products of the Union according to the annex No.23 to this Agreement in recognition of transitional provisions, provided by paragraphs 6 and 7 of Article 104 of this Agreement.
      2. The member states shall develop the concept and program of formation of common markets of oil and petroleum products of the Union, approved by the Superior council.
      3. The member states shall conclude an international treaty within the Union on formation of common market of oil and petroleum products, based on the provisions of approved concepts and program of formation of common markets of oil and petroleum products of the Union.
      4. The member states within the current technical capabilities in recognition of coordinated indicative (forward) oil balance of the Union, coordinated indicative (forward) petroleum products balance of the Union and on the basis of civil agreements of economic entities shall ensure unimpeded access of economic entities of other member states to the oil and petroleum products transmission systems, placed in the territories of the member states, on the basis of unified principles, conditions and rules, provided by the annex No. 23 to this Agreement.

Article 85
Powers of Commission in the scope of energetics

      In the scope of energetics the Commission shall carry out monitoring of execution of this section.

Section XXI
TRANSPORT

Article 86
Coordinated (systematic) transport policy

      1. The Union shall carry out the coordinated (systematic) transport policy, directed to ensuring of economic integration, consistent and gradual formation of unified transport space on the principles of competition, openness, security, reliability, accessibility and environmental disposal.
      2. The tasks of coordinated (systematic ) transport policy shall be:
      1) creation of common market of transport services;
      2) adoption of coordinated measures on ensuring of common advantages in the scope of transport and implementation of best practices;
      3) integration of transport systems of the member states to the world transport system;
      4) effective use of transit potential of the member states;
      5) improving the quality of transport services;
      6) ensuring of transport security;
      7) reducing the harmful effects of transport on the environment and human health;
      8) formation of favorable investment climate.
      3. Basic priorities of coordinated (systematic) transport policy shall be:
      1) formation of unified transport space;
      2) creation and development of Eurasian transport corridors;
      3) implementation and development of transit potential within the Union;
      4) coordination of development of transport infrastructure;
      5) creation of logistics centers and transport organizations, ensuring optimization of transport processes;
      6) involvement and use of human capacity of the member states;
      7) development of science and innovation in the scope of transport.
      4. Coordinated (systematic) transport policy shall be formed by the member states.
      5. Basic directions and implementation phases of coordinated (systematic) transport policy shall be determined by the Superior council.
      6. Monitoring of implementation by the member states of coordinated (systematic) transport policy shall be carried out by Commission.

Article 87
The scope of application

      1. Provisions of this section shall be applied to motor, air, water and rail transport in recognition of provisions of sections XVIII and XIX of this Agreement and features, provided by annex No.24 to this Agreement.
      2. The member states shall seek to the gradual liberalization of transport services between the member states.
      Procedure, conditions and stage by stage liberalization shall be determined by international treaties within the Union in recognition of features, provided by annex No.24 to this Agreement.
      3. Requirements to the transport security (transport security and transport operation security) shall be determined by the legislation of the member states and international agreements.

Section XXII
THE STATE (MUNICIPAL) PURCHASES

Article 88
Purposes and principles of regulation in the scope of the
state (municipal) purchases

      1. The member states shall determine the following purposes and principles of regulation in the scope of the state (municipal) purchases (hereinafter – purchases):
      regulation of relations in the scope of purchases by the legislation of the member state on purchases and international treaties of the member states;
      ensuring of efficient and effective spending of means, used for purchases in the member states;
      provision of national regime in the scope of purchases to the member states;
      inadmissibility of provision of regime in the scope of purchases to the third countries more favorable than provided to the member states;
      ensuring of informational openness and transparency of purchases;
      ensuring of unimpeded access of potential suppliers and suppliers of the member states to participation in purchases, conducted in the electronic format, by mutual recognition of electronic digital signature, produced in accordance with the legislation of one member state, by other member state;
      ensuring of existence of the authorized regulatory and controlling regulatory bodies of the member states in the scope of purchases (it is allowed execution of these functions by one body);
      establishement of responsibility for violation of the legislation of the member states on purchases;
      development of competition, as well as counteraction of corruption and other abuse in the scope of purchases.
      2. Effect of this Agreement shall not be distributed to the purchases, details on which consist the state secret (state secrets) in accordance with the legislation of the member state.
      3. Purchases in the member states shall be carried out according to the annex No.25 to this Agreement.
      4. Effect of this section shall not be distributed to the purchases, carried out by the national (central) banks of the member states, in recognition of provisions of second item – fourth paragraph.
      National (central) banks of the member states shall carry out purchases for ensuring of administrative and economic needs, execution of construction works and capital repair in accordance with their internal rules of carrying out of purchases (hereinafter – provision on purchases). Provision on purchases shall not contradict to the purposes and principles, imposed in this Article, as well as shall ensure the equal access to the potential suppliers of the member states. In the exceptional cases by the decision of superior body of national (central) bank may be established the seizure from the specified principles.
      Provision on purchases shall contain requirements to the purchases, as well as procedure of preparation and conducting of procedures of purchases (including the methods of purchases) and conditions of their application, procedure of conclusion of agreements (contracts).
      Upon that provision on purchases and information on purchases planned and implemented by the national (central) banks of the member states shall be posted on the official websites of national (central) banks of the member states in the Internet in the manner determined by provision on purchases.

Section XXIII
INTELLECTUAL PROPERTY

Article 89
General provisions

      1. The member states shall carry out cooperation in the scope of security and protection of rights to the objects of intellectual property and ensure in its territory security and protection of rights to them in accordance with regulations of international law, international treaties and acts, constituting the law of the Union, and legislation of the member states.
      Cooperation of the member states shall be carried out for decision of the following basic tasks:
      harmonization of the legislation of the member states in the scope of security and protection of rights to the objects of intellectual property;
      protection of interests of holders of rights to the objects of intellectual property of the member states.
      2. cooperation of the member states shall be carried out on the following basic directions:
      1) support of scientific and innovative development;
      2) improvement of mechanisms of commercialization and use of objects of intellectual property;
      3) provision of favorable conditions for holders of copyright and related rights of the member states;
      4) introduction of the system of registration of trademarks and service marks of Eurasian Economic Union and names of origin of goods of Eurasian Economic Union;
      5) ensuring of protection of rights to the objects of intellectual property, as well as in the Internet;
      6) ensuring of effective customs protection of rights to the objects of intellectual property, as well as by maintenance of unified customs register of objects of intellectual property of the member states;
      7) implementation of coordinated measures, directed to prevention and suppression of rotation of counterfeit products.
      3. For the purposes of ensuring of effective security and protection of rights to the objects of intellectual property shall be conducted consultations of the member states, organized by Commission.
      By the results of consultations shall be developed suggestions of problematic issues identified in the course of cooperation by the decision of the member states.

Article 90
Legal regime of objects of intellectual property

      1. Persons of one member state in the territory of another member state shall be provided the national regime in regard to the legal regime of objects of intellectual property. Exclusions from the national regime in relation of judicial and administrative procedures, including indication of an address for correspondence and the appointment of a representative may be provided by the legislation of the member state.
      2. The member states may provide in its legislation the regulation, which ensure the greater level of security and protection of rights to the objects of intellectual property, than it is provided in the international legal acts, applied to the member states, as well as in the international treaties and acts, constituting the law of the Union.
      3. The member states shall carry out an activity in the scope of security and protection of rights to the objects of intellectual property in accordance with regulation of the following fundamental international treaties:
      Berne Convention for the Protection of Literary and Artistic Works from 9 September, 1886 (is in the wording 1971);
      Budapest Agreement on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure from 28 April, 1977;
      Agreement of the World Intellectual Property Organization on Copyright from 20 December, 1996;
      Agreement of the World Intellectual Property Organization on Performances and Phonograms from 20 December, 1996;
      Agreement on the Patent Law from 1 June, 2000;
      Agreement on the Patent Cooperation from June 19, 1970;
      Convention for the Protection of Interests of Producers of Phonograms from Illegal Production of their Phonograms from 29 October, 1971;
      Madrid Agreement on International Registration of Marks from April 14, 1891 and the Protocol Relating to the Madrid Agreement on International Registration of Marks from 28 June, 1989;
      International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations from 26 October, 1961;
      Paris Convention for the Protection of Industrial Property from 20 March, 1883;
      The Singapore Agreement on the Laws of Trademarks from 27 March, 2006.
      The member states, which are not the participants of specified international agreements shall assume obligation on accession to them.
      4. Regulation of relations in the scope of security and protection of rights to the objects of intellectual property, including determination of features of legal regime applied to certain types of objects of intellectual property shall be carried out according to the annex No.26 to this Agreement.

Article 91
Enforcement

      1. The member states shall carry out the enforcement measures on ensuring of effective protection of rights to the objects of intellectual property.
      2. The member states shall carry out actions on protection of rights to the objects of intellectual property, as well as in accordance with the Customs Code of the Eurasian Economic Union, as well as with international treaties and acts, constituting the law of the Union, regulating the customs legal relations.
      3. Authorized bodies of the member states, vested with powers in the scope of protection of rights to the objects of intellectual property shall carry out cooperation and interaction for the purposes of coordination of actions on prevention, identification and suppression of violations of rights to the objects of intellectual property in the territories of the member states.

Section XXIV
INDUSTRY

Article 92
Industrial policy and cooperation

      1. The member states shall independently develop, form and implement the national industrial policy, as well as taking the national programs of industrial development and other measures of industrial policy, as well as determine the methods, forms and directions of provision of industrial subsidies, not contrary to Article 93 of this Agreement.
      Industrial policy within the Union shall be formed by the member states on the basic directions of industrial cooperation, approved by Intergovernmental council and carried out by them upon consultative support and coordination of Commission.
      2. Industrial policy within the Union shall be carried out by the member states on the basis of the following principles:
      1) equality and account of the national interests of the member states;
      2) mutually beneficial relationship;
      3) fair competition;
      4) nondiscrimination;
      5) transparency.
      3. The purposes of implementation of industrial policy within the Union shall be acceleration and improvement of stability of industrial development, improvement of competitive ability of industrial complexes of the member states, implementation of effective cooperation, directed to improvement of innovative activity, elimination of barriers in the industrial scope, as well as on the way of movement of industrial goods of the member states.
      4. The member states for achievement of purposes of implementation of industrial policy within the Union may:
      1) carry out mutual provision of information on plans of industrial development;
      2) hold regular meetings (consultations) of representatives of authorized bodies of the member states, responsible for formulation and implementation of national industrial policy, as well as at the site of the Commission;
      3) develop and implement the joint programs of development of priority types of economic activity for industrial cooperation;
      4) develop and coordinate the list of sensitive goods;
      5) implement the joint projects, as well as on development of infrastructure, necessary for improvement of effective industrial cooperation and deepening of industrial cooperation of the member states;
      6) develop technological and information resources for the purposes of industrial cooperation;
      7) conduct the joint scientific researches and engineering developments for the purposes of promotion of high-technology productions;
      8) implement other measures, directed to elimination of barriers and development of mutual cooperation.
      5. In the case of necessity, the relevant procedures of implementation of measures, specified in paragraph 4 of this Article shall be developed by the decision of Intergovernmental council.
      6. The basic directions of industrial cooperation within the Union (hereinafter - the Basic directions), approved by the Intergovernmental council and including priority types of economic activity for industrial cooperation and sensitive goods shall be developed by the member states.
      Commission shall annually conduct monitoring and analysis of results of implementation of basic directions and if necessary prepare suggestions on specification of Basic directions in coordination with the member states.
      7. Upon development and implementation of politics in trade, customs and tariff, competitive, in the field of state purchases, technical regulation, development of entrepreneurial activity, transport and infrastructure and other scopes shall be considered the interests of development of industry of the member states.
      8. In relation of sensitive goods, the member states shall conduct the consultations for mutual accounting of positions before adoption of measures of industrial policy.
      The member states shall ensure the preliminary mutual provision of information on planned directions of implementation of national industrial policy on approved list of sensitive goods.
      The member states jointly with Commission shall develop procedure of conducting of specified consultations and (or) mutual provision of information, which is approved by the Commission Council.
      9. For implementation of industrial cooperation within the Union, the member states upon consultative support and coordination of Commission may develop and apply the following instruments:
      1) promotion of mutually beneficial industrial cooperation for the purposes of creation of high-technology, innovative and competitive products;
      2) joint programs and projects upon participation of the member states on the mutually beneficial basis;
      3) joint technology platforms and industrial clusters;
      4) other instruments, contributing to the development of industrial cooperation.
      10. Additional documents and mechanisms may be developed by the member states with participation of Commission for implementation of this Article.
      11. Commission shall carry out consultative support and coordination of activity of the member states on the basic directions of industrial cooperation within the powers, determined by this Agreement according to the annex No.27 to this Agreement.
      For the purposes of this Article shall be used the concepts in accordance with the annex No.27 to this Agreement.

Article 93
Industrial subsidies

      1. For the purposes of ensuring of conditions for stable and efficient development of economics of the member states, as well as conditions, contributing to the development of mutual trade and fair competition between the member states, in the territories of the member states shall act the unified rules of provision of subsidies in relation of industrial goods, as well as upon provision or receiving of services, that are directly related with production, sale and consumption of industrial goods, according to the annex No. 28 to this Agreement.
      2. Obligation of the member states, arising from the provisions of this Article and annex No.28 to this Agreement shall not be distributed to the legal relations of the member states with third countries.
      3. For the purposes of this Article under the subsidy means:
      a) financial assistance, which is subsidizing body of the member state (or structure authorized by the member state) in the result of which the advantages are created (ensured) and which is carried out by:
      direct transfer of funds (for example, in the form of non-performing loans, credits), or acquisition of the share in the charter capital, or its increase, or obligation to transfer such funds (for example, loan guarantees);
      full or partial non-collection of payments, which should enter to the income of the member state (for example tax benefits, debt forgiveness). Upon that exemption of exported industrial goods from duties and taxes, collected from the similar goods, intended for domestic consumption, or reduction of such duties and taxes, or return of such duties and taxes in the amount, not exceeding the actually assessed amount shall not be considered as subsidy;
      provision of goods or services (except for the industrial goods or services, intended for support and development of common infrastructure);
      purchase of industrial goods;
      b) any other form of income or price support, which operates (directly or indirectly) to reduce the import of industrial goods from the territory of any member state or to increase the export of industrial goods to the territory of any member state, in the result of which provided an advantage.
      Types of subsidies are provided by annex No.28 to this Agreement.
      4. Subsidizing body may entrust or order any other organization to execute one or several functions, imposed on it, relating to the provision of subsidies. Actions of such organization shall be considered as actions of subsidizing body.
      Acts of the head of the member state, directed to provision of subsidies shall be considered as actions of subsidizing body.
      5. Investigation shall be conducted according to the manner provided by the annex No.28 to this Agreement for the purposes of analysis of conformity of subsidies, provided in the territory of the member state, provisions of this Article and annex No.28 to this Agreement.
      6. Commission shall ensure control of implementation of provisions of this Article and annex No.28 to this Agreement and vested with the following powers:
      1) carrying out monitoring and conducting of comparative legal analysis of the legislation of the member states for the subject of conformity to the provisions of this Agreement in relation of provision of subsidies, as well as preparation of annual reports on observation of provisions of this Article and annex No.28 to this Agreement by the member state;
      2) assistance in organization of consultations of the member states on issues of harmonization and unification of the legislation of the member states in the scope of provision of subsidies;
      3) adoption of decisions, compulsory for execution by the member states, and provided by the annex No.28 to this Agreement, in the results of procedure of voluntary coordination of planned to provision and provided specific subsidies, as well as:
      adoption of decisions on admissibility or inadmissibility of specific subsidies in accordance with paragraph 6 of the annex No.28 to this Agreement on the basis of criterions, determined by international treaty within the Union, provided by paragraph 7 of the annex No.28 to this Agreement;
      conducting discussion on facts of provision of specific subsidies and adoption of decision, compulsory in relation of them, in the cases, determined by international treaty within the Union, provided by paragraph 7 of Annex No.28 to this Agreement.
      resolution of disputes on issues concerning implementation of this Article and annex No.28 to this Agreement and provision of explanations on their application;
      4) direction of requests and receiving information on provided subsidies in the manner and on conditions, which are established by international treaty within the Union, provided by paragraph 7 of annex No.28 to this Agreement.
      Application of subparagraphs 3 and 4 of this paragraph shall be carried out in recognition of transitional provisions, provided by paragraph 1 of Article 105 of this Agreement.
      7. Disputes in relation of provisions of this Article and annex No.28 to this Agreement in the first place shall be resolved through negotiations and consultations. If dispute is not settled by negotiations and consultations during 60 calendar days from the date of official written request on their conducting, directed by the member state, initiated a dispute, to the respondent state, the claimant state shall have a right to apply to the Court of the Union.
     In the case if the Court decisions of the Union are not executed during established period of time or if the Court of the Union decides that measures, on which the respondent state is notified, do not comply with provisions of this Article and annex No.28 to this Agreement, the claimant state shall have a right to take proportionate retaliatory measures.
      8. The term, during of which the member states may challenge specific subsidy, provided in violation of annex No.28 to this Agreement shall consist 5 years from the date of provision of specific subsidy.

Section XXV
AGROINDUSTRIAL COMPLEX

Article 94
Purposes and tasks of coordinated (systematic)
agroindustrial policy

      1. For the purposes of ensuring of development of agroindustrial complex and countryside in the interests of population of each member state and Union as whole, as well as economic integration within the Union shall be conducted the coordinated (systematic) agroindustrial policy, suggesting also application of mechanisms of regulation, provided by this Agreement and other international treaties within the Union in the scope of agroindustrial complex, mutual provision of plans (programs) of development of production on each of sensitive agricultural goods, the list of which is formed on the basis of suggestions of the member states and approved by the Council of Commission to each other by the member state and to the Commission.
      2. The basic purpose of coordinated (systematic) agroindustrial policy shall be effective implementation of resource potential of the member states for optimization of volumes of production of competitive agricultural products and foodstuffs, satisfaction of wants of common agricultural market, as well as increasing export of agricultural products and foodstuffs.
      3. Implementation of coordinated (systematic) agricultural policy shall ensure decision of the following tasks:
      1) balanced development of production and markets of agricultural products and foodstuffs;
      2) ensure fair competition between the subjects of the member states, as well as equal conditions of access to the common agricultural market;
      3) unification of requirements, related with application of agricultural products and foodstuffs;
      4) protection of interests of producers of the member states in the domestic and foreign markets.

Article 95
Basic direction of coordinated (systematic) agricultural policy
and measures of the state support of agriculture

      1. Tasks solution of coordinated (systematic) agroindustrial policy shall suppose the use of mechanisms of interstate interaction on the following basic directions:
      1) forecasting in the agricultural complex;
      2) state support of agriculture;
      3) regulation of common agricultural market;
      4) unified requirements in the scope of production and application of products;
      5) development of export of agricultural products and foodstuffs;
      6) scientific and innovative development of agroindustrial complex;
      7) integrated information support of agricultural complex.
      2. For implementation of measures of coordinated (systematic) agricultural policy shall be conducted regular consultations of representatives of the member states, organized by Commission, as well as on sensitive agricultural goods, at least once a year. According to the results of consultations shall be developed recommendations on implementation of coordinated (systematic) agroindustrial policy within the basic directions, determined in paragraph 1 of this Article.
      3. Upon conducting of coordinated (systematic) agroindustrial policy, the member states shall consider the special nature of activity in the field of agriculture, conditioned not only by industrial, economic, but social importance of the industry, structural and climatic differences between regions and territories of the member states.
      4. Implementation of policy in other scopes of integration interaction, as well as in the scope of ensuring of sanitary, phytosanitary and veterinary (veterinary and sanitary) measures in relation of agricultural products and foodstuffs shall be carried out in recognition of purposes, tasks and directions of coordinated (systematic) agroindustrial policy.
      5. The state support of agriculture within the Union shall be carried out in accordance with approaches according to the annex No.29 to this Agreement.
      6. Disputes in relation of this Article and annex No.29 to this Agreement primarily shall be resolved by conducting of negotiations and consultations upon participation of Commission. If dispute does not settle by negotiations and consultations during 60 calendar days from the date of official written request on their conducting, directed by the member state, initiated the dispute, to the member state, acting as respondent, the member state, being the claimant shall have a right to apply to the Court of the Union. Upon direction of official request on conducting of negotiations and consultations, the member state, being a claimant shall inform on that the Commission during 10 calendar days from the date of direction of such request.
      7. For implementation of coordinated (systematic) agroindustrial policy of the Commission shall carry out:
      1) development, coordination and implementation of basic directions of coordinated (systematic) agroindustrial policy jointly with the member states within presented powers;
      2) coordination of activity upon preparation of joint forecasts of development of agroindustrial complex, demand and proposals by the member states in relation of agricultural products and foodstuffs;
      3) coordination of mutual provision of development programs of agroindustrial complex and its separate branches by the member states;
      4) monitoring of development of agroindustrial complexes of the member states, application of the measures of the state regulation of agroindustrial complexes by the member states, as well as measures of the state support of agriculture;
      5) price monitoring and analysis of competitive ability of released products on coordinated nomenclature by the member states;
      6) assistance in organization of consultations and negotiations on issues of harmonization of the legislation of the member states in the scope of agroindustrial complex, as well as the legislation in the field of the state support of agriculture, as well as on issues of disputes resolution, related with observance of the obligations in the field of the state support of agriculture;
      7) monitoring and conducting of comparative legal analysis of the legislation of the member states in the field of the state support of agriculture for the subject of its conformity to the obligations within the Union;
      8) preparation and provision of reviews of the state policy in the scope of agroindustrial complex and state support of agriculture in the member states to the member states, including recommendations on improvement of effectiveness of the state support;
      9) render assistance to the member states on issues, related with calculating the volumes of the state support of agriculture;
      10) preparation of recommendations on carrying out of coordinated actions, directed to development of export potential in the scope of agroindustrial complex jointly with the member states;
      11) coordination of actions upon carrying out by the member states the joint scientific and innovative activity in the scope of agroindustrial complex, as well as within implementation of interstate programs by the member states;
      12) coordination of development and implementation of unified requirements by the member states in relation of conditions of import, export and transfer within the customs territory of the Union of breeding products, methods of determination of breeding value of breeding animals, as well as forms of breeding licenses (certificates, passports);
      13) coordination of development and implementation of unified requirements in the scope of test of breeds and seed breeding of agricultural plants, as well as mutual recognition of documents, certifying varietal and sowing quality of seeds by the member states;
      14) rendering assistance in ensuring of equal competitive conditions within the basic directions of coordinated (systematic) agricultural policy.

Section XXVI
LABOUR MIGRATION

Article 96
Cooperation of the member states in the scope of
labour migration

      1. The member states shall carry out cooperation in coordination with policy in the scope of regulation of the labour migration within the Union, as well as on rendering of assistance to the organized recruitment and involvement of workers of the member states for carrying out by them the labour activity in the member states.
      2. Cooperation of the member states in the scope of labour migration shall be carried out by interaction of the state bodies of the member states, to the competence of which the relevant issues are referred.
      3. Cooperation of the member states in the scope of labour migration within the Union shall be carried out in the following forms:
      1) coordination of common approaches and principles in the scope of labour migration;
      2) exchange of regulatory legal acts;
      3) exchange of information;
      4) implementation of measures, directed to prevention of dissemination of false information;
      5) exchange of experience, conducting of probations, seminars and training courses;
      6) cooperation within the consultative bodies.
      4. In coordination of the member states may be determined other forms of cooperation in the scope of migration.
      5. Concept, used in this section are as follows:
      “the state of entry” – the member state, in the territory of which is the citizen of another member state;
      “the state of permanent residence” – the member state, the citizen of which is the workers of the member state;
      “the state of employment ” – the member state, in the territory of which the labour activity is carried out;
      “documents on education” – documents of the state sample on education, as well as documents on education, recognized on the level of the state documents on education;
      “customer of works (services) – legal entity or individual, which provide the work to the worker of the member state on the basis of civil agreement, concluded with it in the manner and conditions, which are provided by the legislation of the state of employment;
      “migration card (card)” – a document, which contains the details on the citizen of the member state, entering to the territory of another member state, and serve for accounting and control of its temporary residence in the territory of the state of entry;
      “employer” – legal entity or individual, which provides the work to the worker of the member state on the basis of labour agreement concluded with it in the manner and conditions, which are provided by the legislation of the state of employment;
      “social security (social insurance)” – compulsory insurance on the case of temporary disability and in connection with motherhood, compulsory insurance from labour accidents, industrial diseases and compulsory health insurance;
      “labour activity” – an activity on the basis of labour agreement or activity on execution of works (rendering of services) on the basis of civil agreement, carrying out in the territory of the state of employment in accordance with the legislation of this state;
      “workers of the member state” – a person, being the citizen of the member state, lawfully residing and lawfully carrying out the labour activity in the territory of the state of employment, the citizen of which he (she) is not, and where does not permanently reside;
      “family member” – a person who is married with the workers of the member state, as well as their dependents, children and other persons who are recognized as members of the family in accordance with the laws of the state of employment.

Article 97
Labour activity of workers of the member states

      1. Employers and (or) customers of works (services) of the member state shall have a right to engage to carrying out of labour activity of the workers of the member states without accounting of restrictions on protection of national market of labour. Upon that the working member states are not required to obtain permission for carrying out of labour activity in the state of employment.
      2. The member states shall not establish and not apply restrictions, established by their legislation for the purposes of protection of national market of labour, except for the restrictions, established by this Agreement and legislation of the member states for the purposes of ensuring of national security (as well as in the branches of economy, having strategic importance) and public order, in relation of carrying out labour activity, occupation and residence area by the workers of the member states.
      3. For the purposes of carrying out of labour activity by the workers of the member states in the state of employment shall be recognized the documents on education, issued by the educational organizations (educational institutions, organizations in the scope of education) of the member states, without conducting of procedures of recognition of documents on education, established by the legislation of the state of employment.
      Workers of one member state, pretending to engage in pedagogical, legal, medical and pharmaceutical activity in other member state shall pass the procedure of recognition of documents on education, established by the legislation of the state of employment and may be respectively admitted to pedagogical, legal, medical or pharmaceutical activity in accordance with the legislation of the state of employment.
      Documents on academic decrees and academic ranks, issued by the authorized bodies of the member states shall be recognized in accordance with the legislation of the state of employment.
      Employers (customers of works (services)) shall have a right to request certified translation of documents on education in the language of the state of employment, as well as in the case of necessity for the purposes of verification of documents on education of workers of the member states to direct the requests, as well as by application to the information databases, educational organizations (educational institutions, organizations in the scope of education), issued a document on education and receive the relevant responses.
      4. Labour activity of worker of the member state shall be regulated by the legislation of the state of employment in recognition of provisions of this Agreement.
      5. The term of temporary stay (residence) of worker of the member state and family members in the territory of the state of employment shall be determined by the term of effect of labour or civil agreement, concluded by the worker of the member state with employer or customer of works (services).
      6. Citizens of the member state, arrived to the territory of another member state for the purposes of carrying out of labour activity or employment, and family members shall be excused from obligation of registration (putting on record) within 30 days from the date of entry.
      In the case of stay of citizens of the member state in the territory of another member state for more than 30 days from the date of entry, these citizens shall be obliged to register (register) in accordance with the legislation of the state of entry, if such obligation is established by the legislation of the state of entry.
      7. Citizens of the member state upon entry to the territory of another member state in the cases, provided by the legislation of the state of entry shall use migration cards (cards), unless otherwise provided by separate international treaties of the member states.
      8. Citizens of the member state upon entry to the territory of another member state of one of valid documents, allowed affixing marks of bodies of border control on suppression of the state border, upon condition, that the term of their stay does not exceed 30 days from the date of entry shall be excused from using of migration card (card), if such obligation is established by the legislation of the state of entry.
      9. In the case of early dissolution of labour or civil agreement after expiration 90 days from the date of entry to the territory of the state of employment, the workers of the state member shall have a right to conclude a new labour or civil agreement without departure from the territory of the state of employment during 15 days.

Article 98
Rights and obligation of the worker of the state member

      1. The workers of the state member shall have a right to engage in professional activity in accordance with speciality and qualification, specified in the documents on education, documents on awarding of academic degree and (or) awarding of academic rank, recognized in accordance with this Agreement and legislation of the state of employment.
      2. The workers of the member state and family members shall implement a right in the manner established by the legislation of the state of employment to:
      1) possession, use and disposition of its property;
      2) protection of property;
      3) free transfer of funds.
      3. Social assistance (social insurance) (except for the retirement) of the workers of the member states and family members shall be carried out on the same conditions and in the same manner, that the citizen of the state of employment.
      Labour (insurance) experience of the workers of the member states shall be included to the total labour (insurance) experience for the purposes of social assistance (social insurance), except for the retirement, in accordance with the legislation of the state of employment.
      Retirement assistance of the workers of the member states and family members shall be regulated by the legislation of the state of permanent residence, as well as in accordance with separate international treaty between the member states.
      4. A right of workers of the member states and family members to receive emergency medical assistance (in emergency and urgent forms) and in other medical assistance shall be regulated in the manner according to the annex No.30, as well as by the legislation of the state of employment and international treaties, the participant of which it is.
      5. The workers of the member state shall have a right to enter to the trade unions equally with the citizens of the state of employment.
      6. The workers of the member state shall have a right to obtain employment from the state bodies of the state (to the competence of which the relevant issues are referred) and information from employer (customer of works (services)), concerning the order of its stay, conditions of carrying out of labour activity, as well as rights and obligations, provided by the legislation of the state of employment.
      7. On the request the worker of the member state (as well as former) the employer (customer of works (service)) shall be obliged to issue him (her) certificate (certificates) and (or) certified copy of certificate (certificates) on free basis with specification of professions (specialties, qualifications and positions), period of work and amount of salary in the terms, established by the legislation of the state of employment.
      8. Children of the worker of the member state, living together with him (her) in the territory of the state of employment shall have a right to visit preschools, getting education in accordance with the legislation of the state of employment.
      9. The workers of the member state and family members shall be obliged to observe the legislation of the state of employment, respect the culture and traditions of people of the state of employment, bear responsibility for committed infractions in accordance with the legislation of the state of employment.
      10. The incomes of worker of the member state, received by them in the result of carrying out of labour activity in the territory of the state of employment shall subject to taxation in accordance with international agreements and legislation of the state of employment in recognition of provisions of this Agreement.

PART FOUR
TRANSITIONAL AND FINAL PROVISIONS

Section XXVII
TRANSITIONAL PROVISIONS

Article 99
General transitional provisions

      1. International treaties of the member states, concluded within formation of the legal base of Customs Union and Common Economic Space, operating at the date of entering into force of this Agreement shall include to the right of the Union as international treaties within the Union and applied in a part, not contradicting to this Agreement.
      2. Decisions of Superior Eurasian Economic council on the level of heads of the states, Superior Eurasian economic council on the level of heads of governments and Eurasian economic commission, operating at the date of entering into force of this Agreement shall remain in the legal force and applied in a part, not contradicting to this agreement.
      3. From the date of entering into force of this Agreement:
      functions and powers of Superior Eurasian Economic Council on the level of heads of the states and Superior Eurasian Economic Council on the level of heads of governments, operated in accordance with Agreement on Eurasian Economic Commission from 18 November, 2011 shall be respectively carried out by the Superior Council and Intergovernmental council, operating in accordance with this Agreement.
      Eurasian Economic Commission, approved in accordance with Agreement on Eurasian Economic Commission from 18 November, 2011 shall carry out its activity in accordance with this Agreement;
      members of the College of Commission, appointed before entering into force of this Agreement shall continue exercise its functions before expiration of the term of powers, on which they are appointed;
     directors and deputy directors of departments, labour agreements of which are concluded with them before entering into legal force of this Agreement, shall continue execute of obligations, imposed on them before expiration of terms, provided in the labour agreements;
      substitution of vacant positions in the structural subdivisions of Commission shall be carried out in the manner provided by this Agreement.
      4. The international agreements, specified in the annex No.31 to this Agreement shall also operate within the Union.

Article 100
Transitional provisions in relation of section VII

      1. Functioning of common market of medicinal products within the Union shall be carried out starting from 1 January, 2016 in accordance with international treaty within the Union, determined the unified principles and rules of treatment of medicinal products, which shall be concluded by the member states not later than 1 January, 2015.
      2. Functioning of common market of medicinal goods (medical devices and medical equipment) within the Union shall be carried out starting from 1 January, 2016 in accordance with international treaty within the Union, determined the unified principles and rules of treatment of medicinal goods (medical devices and medical equipment), which shall be concluded by the member states not later than 1 January, 2015.

Article 101
Transitional provisions in relation of section VIII

      1. Before entering to the force of the Customs Code of the Eurasian Economic Union, the customs regulation in the Union shall be carried out in accordance with Agreement of the Customs Code of the Customs Union dated 27 November, 2009 and other international treaties of the member states, regulating the customs legal relations, concluded within formation of the legal base of Customs Union and Unified Economic space and including in accordance with Article 99 of this Agreement and Union Law, in recognition of provisions of this Article.
      2. For the purposes of application of international treaties, specified in paragraph 1 of this Article under the concepts used in them refers to the following:
      “member states of the customs union” – the member states in the meaning, determined by this Agreement;
      “unified customs territory of the customs union (customs territory of customs union)” – customs territory of the Union;
      “unified Tradable nomenclature of foreign economic activity of the customs union (“Tradable nomenclature of foreign economic activity)” – unified Tradable nomenclature of foreign economic activity of the Eurasian economic Union;
      “Unified customs tariff of the customs union” – Unified customs tariff of the Eurasian economic union;
      “Commission of the customs union” – Eurasian economic commission;
      “international treaties of the member states of the customs union” – international treaties within the Union, as well as international treaties of the member states, including in accordance with Article 99 of this Agreement to the Union Law;
      “customs border of the customs union (customs border)” – customs border of the Eurasian economic union;
      “goods of the customs union” – goods of the Eurasian economic union.
      3. For the purposes of application of international treaties, specified in paragraph 1 of this Article, the prohibitions and restrictions shall include the measures of non-tariff regulation (as well as introduced on the basis of general exceptions, protection of foreign financial position and ensuring of equality of balance of payment on unilaterally basis), applied in relation of goods, transferred through the customs border of the Union, the measures of technical regulation, measures of export control and measures in relation of products of military purpose, as well as sanitary, veterinary and sanitary, quarantine phytosanitary measures and radiation requirements.
      Upon that the measures of non-tariff regulation, as well as introduced on the basis of general exceptions, protection of foreign financial position and ensuring equality of balance of payments on unilaterally basis shall include the measures, determined by Article 46 and 47 of this Agreement.
      Provisions of international agreements, specified in paragraph 1 of this Article, except for the paragraphs 3 and 4 of Article 3 of the Customs code of customs union, concerning determination and application (non-application) of prohibitions and restrictions shall not be applied.
      Upon transfer of goods through the customs border of the Union, as well as the goods for personal use and (or) placement of goods under the customs procedure of observance of prohibitions and restrictions shall be approved in the cases and procedure, established by Commission or regulatory legal acts of the member states in accordance with this Agreement or established in accordance with the legislation of the member states, by presentation of documents and (or) details, approving observance of prohibitions and restrictions.
      Veterinary and sanitary, quarantine phytosanitary, sanitary and epidemiological, radiation and other types of the state control (supervision) upon transfer of goods through the customs border of the Union shall be carried out and formed in accordance with this Agreement or acts of Commission, adopted in accordance with it or regulatory legal acts of the member states or in accordance with the legislation of the member states.
      4. Article 51 of the Customs Code of customs union in a part of maintenance of unified Tradable nomenclature of foreign economic activity of the customs union shall be applied in recognitions of provisions of Article 45 of this Agreement.
      5. Chapter 7 of the Customs code of customs union shall be applied in recognitions of provisions of Article 37 of this Agreement.
      6. Paragraph 2 of Article 70 of the Customs Code of customs union shall not be applied.
      Special, antidumping, compensatory duties shall be established in accordance with provisions of this Agreement and collected in the manner provided by the Customs code of customs union for collection of import customs duties, in recognition of provisions of Article 48 and 49 of this Agreement, as well as in recognition of the following.
     Special, antidumping, compensatory duties shall subject to payment upon transfer of goods under the customs procedure, conditions of which in accordance with international treaties, specified in paragraph 1 of this Article shall provide observance of restrictions in connection with application of special protective, antidumping and compensatory measures.
      Calculation of special, antidumping, compensatory duties, occurrence and termination of obligation on payment of these duties, determination of terms and procedure of their payment shall be carried out in the manner, provided by the Customs Code of the customs union for the import customs duties, in recognition of features, established by this Agreement.
      Upon application of antidumping or compensatory duties in accordance with paragraphs 104 and 169 of Protocol on application of special protective, antidumping and compensatory measures in relation to the third countries (annex No.8 to this Agreement), the antidumping, compensatory duties shall subject to payment not later than 30 business days from the date of entering into force of decision of Commission on application of antidumping or compensatory duties, as well as transfer and distribution in the manner determined in the annex to the specified Protocol.
      Change of terms of payment of special, antidumping, compensatory duties in the form of deferral or instalment shall not be conducted.
      In the case of non-payment or incomplete payment of special, antidumping, compensatory duties in the established terms of their recovery shall be carried out in the manner, provided for the import customs duties by the legislation of the member state, customs body of which the collection of customs duties, taxes with accrual of penalties is carried out. Upon that procedure of calculation, payment, collection and return of penalties similar to the procedure, established for the penalties, paid, collected in connection with non-payment or incomplete payment of import customs duties.
      Provisions of this paragraph shall be distributed to calculation, payment and collection of preliminary special, preliminary antidumping, preliminary compensatory duties.
      7. Article 74 of the Customs Code of customs union in a part of tariff benefits shall be applied in recognition of provisions of Article 43 of this Agreement.
      8. Second part of paragraph 2 of Article 77 of the Customs Code of customs union shall not be applied.
      For the purposes of calculation of export customs duties shall be applied the rates, established by the legislation of the member state, in the territory of which the goods are placed under the customs procedure or in the territory of which the fact of illegal movement of goods through the customs border of the Union is identified, unless otherwise established by international treaties within the Union and (or) bilateral international treaties between the member states.

Article 102
Transitional provisions in relation of section IX

      1. In despite of provision of Article 35 of this Agreement, the member states shall have a right to provide preferences in the trade with third party on unilaterally basis by virtue of concluded international treaty of this member state with such third party before 1 January, 2015 or international treaty, participants of which are the all the member states.
      The member states shall carry out unification of agreements, on the basis of which the preferences are provided.
      2. Special protective, antidumping and compensatory measures, applied in relations of goods, imported in the customs territory of the Union, by revision of special protective, antidumping and compensatory measures, acting in accordance with the legislation of the member states shall be applied prior expire of the term of validity of specified measures, established by the relevant decision of commission, and may subject to revision in accordance with provisions of section IX of this Agreement and annex No.8 to it.
      3. For the purposes of implementation of provisions of Article 36 of this Agreement before entering into force of decision of Commission, establishing conditions and procedure of application of unified system of tariff preferences of the Union in relation of goods, originating from the developing countries and (or) the least developed countries shall be applied the Protocol on the unified system of tariff preferences of the Customs union dated 12 December 2008.
      4. Before entering into force of decision of commission, establishing the rules of determination of origin of goods, provided by paragraph 2 of Article 37 of this Contract shall be applied Agreement on the unified rules of determination of country of origin of goods dated 25 January, 2008.
      5. Before entering into force of decision of Commission, establishing the rules of determination of origin of goods, provided by paragraph 3 of Article 37 of this Contract shall be applied Agreement on the rules of determination of origin of goods from the developing and least developed countries dated 12 December, 2008.

Article 103
Transitional provisions in relation of section XVI

      1. For achievement of objectives, set out in paragraph 1 of Article 70 of this Agreement, the member states shall implement harmonization of its legislation in the scope of financial market to 2025 in accordance with international treaty within the Union and Protocol on financial services (annex No.17 to this Agreement).
      2. The member states after termination of harmonization of the legislation in the scope of financial market shall adopt decision on powers and functions of supranational body on regulation of financial market and create it with location in the city of Almaty in 2025.

Article 104
Transitional provisions in relation of section XX

      1. For the purposes of ensuring of development of indicative (forward) gas balance, oil and petroleum products of the Union, ensuring to the effective use of the total energy potential and optimization of interstate supplies of fuel and energy resources, authorized bodies of the member states shall develop and approve the methodology of formation of indicative (forward) gas balance, oil and petroleum products before 1 July, 2015.
      2. For the purposes of formation of common electric power trade of the Union, the Superior council shall approve the concept before 1 July, 2015, and formation program of common electric power market of the Union before 1 July, 2016, providing the term of implementation of measures of program before 1 July, 2018.
      3. On termination of implementation of measures of formation program of common electric power market of the Union, the member states shall conclude an international treaty within the Union on formation of common electric power market of the Union, as well as containing the unified rules of access to the services of subjects of natural monopolies in the scope of electric power industry and ensure entering it into force not later than 1 July, 2019.
      4. For the purposes of formation of common market of gas of the Union, the Superior council shall approve the concept before 1 January, 2016 and the formation program of common market of gas of the Union before 1 January, 2018, providing the term of implementation of measures of program before 1 January, 2024.
      5. On termination of implementation of measures of formation program of common market of gas of the Union, the member states shall conclude an international treaty within the Union on formation of common market of gas of the Union, as well as containing the unified rules of access to the transportation systems of gas, located in the territories of the member states and ensure entering it into force not later than 1 July, 2019.
      6. For the purposes of formation of common market of oil and petroleum products, the Superior council shall approve the concept before 1 January, 2016 and the formation program of common market of oil and petroleum products of the Union before 1 January, 2018, providing the term of implementation of measures of program before 1 January, 2024.
      7. On termination of implementation of measures of formation program of common market of oil and petroleum products of the Union, the member states shall conclude an international treaty on formation of common market of oil and petroleum products of the Union, as well as containing the unified rules of access to the transportation systems of oil and petroleum products, located in the territories of the member states and ensure entering it into force not later than 1 July, 2019.
      8. Protocol on ensuring of access to the services of subjects of natural monopolies in the scope of electric power industry, including the basics of pricing and tariff policy (annex No.21 to this Agreement), is valid until entering into force of international treaty, provided by paragraph 3 of this Article.
      9. Protocol on rules of access to the services of subjects of natural monopolies in the scope of transportation of gas on transportation systems of gas, including the basics of pricing and tariff policy (annex No.22 to this Agreement) is valid until entering to the force of international treaty, provided by paragraph 5 of this Article.
      10. Protocol on procedure of organization, management, functioning and development of common markets of oil and petroleum products (annex No.23 to this Agreement) is valid until entering to the force of international treaty, provided by paragraph 7 of this Article.

Article 105
Transitional provisions in relation of section XXIV

      1. The member states shall ensure entering into force of international treaty within the Union, provided by paragraph 7 of Protocol on the unified rules of provision of industrial subsidies (annex No.28 to this Agreement), from 1 January, 2017.
      Provisions of subparagraphs 3 and 4 of paragraph 6 of Article 93 of this Agreement, paragraphs 6, 15, 20, 87 and 97 of Protocol on the unified rules of provision of industrial subsidies (annex No.28 to this Agreement) shall enter into the force from the date of entering into force of the specified international treaty.
      2. Provisions of Article 93 of this Agreement and Protocol on the unified rules of provision of industrial subsidies (annex No.28 to this Agreement) shall not be distributed on the subsidies, provided in the territories of the member states before 1 January, 2012.

Article 106
Transitional provisions in relation of section XXV

      1. For the Republic of Belarus in relation of provisions of first item of paragraph 8 of Protocol on measures of the state support of agriculture industry (annex No.29 to this Agreement) shall be established the transitional period before 2016, during of which the Republic of Belarus is obliged to reduce the permissible amount of the state support of agricultural industry as follows:
      in 2015 – 12 percent;
      in 2016 – 10 percent.
      2. Methodology of calculation of permitted level of measures, rendering of distorting effect on the trade, provided by second item of paragraph 8 of Protocol on measures of the state support of agricultural industry (annex No.29 to this Agreement) shall be developed and approved before 1 January, 2016.
      3. Obligations provided by the third item of paragraph 8 of Protocol on measures of the state support of agricultural industry (annex No.29 to this Agreement) shall enter into the force for the Republic of Belarus not later than 1 January, 2025.

Section XXVIII
FINAL PROVISIONS

Article 107
Social guarantees, privileges and immunities

      In the territory of each of the member state of the Union, the members of Council of Commission and College of Commission, judges of the Court of the Union, civil servants and employees of Commission and the Court of the Union shall be used the social guarantees, privileges and immunities, which are necessary for exercise them the powers and official (service) obligations, imposed on them. Amount of specified social guarantees, privileges and immunities shall be determined according to the annex No.32 to this Agreement.

Article 108
Entry into the Union

      1. The Union is open to entry of any state, sharing its purposes and principles, on conditions agreed by the member states.
      2. The interested state shall direct the relevant application addressed to the Chairman of Superior council for obtainment of status of the state candidate for entry into the Union.
      3. Decision on provision of the status of the state candidate for entering into the Union to the state shall be adopted by Superior council by consensus.
      4. On the basis of decision of Superior council shall be formed the working group from representatives of the state candidate, member states and bodies of the Union (hereinafter – working group) for study of level of readiness of the state candidate to assume obligations, arising from the Union law, development of project of Program of actions on entering of the state candidate into the Eurasian economic union, as well as project of international treaty on entering of relevant state into the Union, by which the amount of rights and obligations of the state candidate is determined, as well as the format of its participation in the work of bodies of the Union.
      5. Program of actions on entering of the state candidate into the Eurasian economic union shall be approved by Superior council.
      6. Working group shall present the report on the course of implementation by the state candidate of the Program of actions on entering of the state candidate into the Eurasian economic union on a regular basis for consideration of Superior council. Based on the findings of working group that the state candidate fully comply with the obligations, arising from the Union law, the Superior council shall adopt decision on signing of international treaty with the state candidate on entering into the Union. The specified international treaty shall subject to ratification.

Article 109
The state observers

      1. Any state shall have a right to apply to the Chairman of Superior council with request on provision it the status of the state observer upon Union.
      2. Decision on provision of status of the state observer upon Union or on refusal in provision of such status shall be adopted by Superior council in recognition of interests of development of integration and achievement of objectives of this Agreement.
      3. Authorized representatives of the state observer upon Union may present at the sittings of bodies of the Union at the invitation, receive the documents taken by the bodies of Union, not being the documents of confidential character.
      4. The status of the state observer upon Union shall not give the right to participate in adoption of decision in the bodies of Union.
      5. The state receiving the status of the state observer upon Union is obliged to keep from any actions, capable to cause damage to the interests of the Union and member states, object and purposes of this Agreement.

Article 110
Working language of bodies of the Union

      Language of international treaties within the Union and decisions of Commission
      1. The working language of bodies of the Union is Russian language.
      2. International treaties within the Union and decision of Commission, having compulsory nature for the member states shall be applied in Russian language with subsequent translation into the state languages of the member states, unless otherwise provided by their legislation in the manner determined by Commission.
      Translation into the state languages of the member states shall be carried out at the expense of funds, provided in the budget of Union for these purposes.
      3. In the case of occurrence of disagreements for the purposes of interpretation of international treaties and decisions, specified in paragraph 2 of this Article shall be used the text in Russian language.

Article 111
Access and publication

      1. International treaties within the Union, international treaties with third party and decisions of bodies of the Union shall subject to official publication on the official website of the Union in the Internet in the manner established by the Intergovernmental council.
      The date of publication of decision of body of the Union on the official website of the Union in the Internet shall be recognized the date of official publication of this decision.
      2. None of decision, specified in paragraph 1 of this Article may not enter into force before its official publication.
      3. Decisions of bodies of the Union shall be directed to the member states not later than 3 calendar days from the date of adoption of decision.
      4. Bodies of the Union shall ensure preliminary publication of projects of decisions on official website of the Union in the Internet, at least 30 calendar days before the date when this decision is planned to take. Projects of decisions of bodies of the Union, adopted in the exceptional cases, requiring operative reaction may be published in other terms.
      Interested persons may present to this body their comments and suggestions.
      Procedure of collection, analysis and accounting of such comments and suggestions shall be determined by regulation of the work of relevant body of Union.
      5. Decisions of bodies of the Union, containing information of restrictive distribution and projects of such decisions shall not subject to official publication.
      6. Provisions of this Article shall not be applied in relation of decisions of the Court of the Union, procedure of entering into force and publication of which is determined by the Status of the Court of Eurasian economic union (annex No.2 to this Agreement).
      7. Provisions of paragraph 4 of this Article shall not be applied in relation of decisions of bodies of the Union in the cases, when preliminary publication of projects of such decisions may prevent to their execution or otherwise contrary to the public interest

Article 112
Disputes resolution

      The disputes, related with interpretation and (or) application of provisions of this Agreement shall be resolved by consultations and negotiations.
      In the case of failure to reach of the consent during 3 months from the date of direction of official written request on conducting of consultations and negotiations by one party of dispute to another party of dispute, unless otherwise provided by the Status of the Court of Eurasian economic union (annex No.2 to this Agreement), the dispute may be submitted by any of the parties of dispute for consideration to the Court of the Union, if the parties of the dispute do not reached an agreement on the use of other mechanisms of its resolution.

Article 113
Entering of Agreement into force

      This Agreement shall enter into force from the date of reception by depository of the last written notification on execution by the member states of interstate procedures, necessary for its entering into force.
      In connection with entering into force of this Agreement, the effect of international treaties, concluded within formation of the Customs union and Unified economic space shall be terminated according to the annex No.33 to this Agreement.

Article 114
Correlation of this Agreement with other international treaties

      1. This Agreement shall not prevent to conclusion of international treaties, not contradicting to the purposes and principles of this Agreement, by the member states.
      2. Bilateral international treaties between the member states, providing more deep level of integration in comparison with provisions of this Agreement or international treaties within the Union or providing additional advantages in favour of their individuals and (or) legal entities shall be applied in relation between the states, concluded them and may be concluded upon condition, that they do not affect the implementation of their rights and execution of obligations on this Agreement and international treaties within the Union by them and other member states.

Article 115
Making amendments to the Agreement

      Amendments and additions, which are formed by protocols and are an integral part of this Agreement may be made in this Agreement.

Article 116
Registration of Agreement in the Secretariat of Organization
of United Nations

      This Agreement shall subject to registration in the Secretariat of Organization of United Nations in accordance with Article 102 of the Charter of Organization of the Unified Nations.

Article 117
Reservations

      Reservations to this Agreement shall not be allowed.

Article 118
Withdrawal from Agreement

      1. Any of the member state shall have a right to withdraw from this Agreement by directing the written notification on its intention to withdraw from this Agreement to the depository of this Agreement on diplomatic channels. Effect of this Agreement in relation of this state shall be terminated upon expire of 12 months from the date of reception of this Agreement of such notification by depository.
      2. The member state, notified on its intention to withdraw from this Agreement in accordance with paragraph 1 of this Article shall be obliged to regulate financial obligations, arising in connection with its participation in this Agreement. This obligation shall remain in force, despite of withdrawal of the state from this Agreement up to its full implementation.
      3. Superior council shall adopt decision on beginning of process of regulation of obligations, incurred in connection with participation of the member state in this Agreement on the basis of notification, specified in paragraph 1 of this Article.
      4. Withdrawal from this Agreement shall automatically entail termination of membership in the Union and withdrawal from international treaties within the Union.
      It is performed in Astana on May 29, 2014 in one copy in the Belarusian, Kazakh and Russian languages??, all texts being equally authentic.
      In the case of occurrence of disagreements for the purposes of interpretation of this Agreement shall be used the text in Russian language.
      The original copy of this Agreement shall be stored in the Eurasian economic commission which was depository of this Agreement will direct to each Party its certified copy.

For
the Republic of Belarus

For
the Republic of Kazakhstan

For
the Russian Federation

Annex No. 1       
to the Agreement    
on Eurasian Economic Union

PROVISION on Eurasian Economic Commission

I. General provisions

      1. In accordance with paragraph 1 of Article 18 of Agreement on Eurasian economic union (hereinafter – Agreement), Commission shall be permanently effectual regulatory body of the Union.
      Basic tasks of Commission shall be ensuring of conditions of functioning and development of the Union, as well as development of suggestions in the scope of economic integration within the Union.
      2. Commission shall carry out its activity on the basis of the following principles:
      1) ensuring of mutual benefit, equality and accounting of national interests of the member states;
      2) economic justification of adopted decisions;
      3) openness, transparency and objectivity.
      3. Commission shall carry out its activity within the powers, provided by Agreement and international treaties within the Union in the following scopes:
      1) customs tariff and non-tariff regulation;
      2) customs regulation;
      3) technical regulation;
      4) sanitary, veterinary and sanitary, quarantine phytosanitary measures;
      5) transfer and distribution of import customs duties;
      6) establishment of trade regimes in relation of third parties;
      7) statistics of foreign and mutual trade;
      8) macroeconomic policy;
      9) competitive policy;
      10) industrial and agricultural subsidies;
      11) energy policy;
      12) natural monopolies;
      13) state and (or) municipal purchases;
      14) mutual trade in services and investments;
      15) transport and transportation;
      16) currency policy;
      17) intellectual property;
      18) labour migration;
      19) financial markets (banking sector, scope of insurance, currency market, securities market);
      20) other scopes, determined by Agreement and international treaties within the Union.
      4. Commission shall ensure implementation of international treaties, including in the Union law within their powers.
      5. Commission shall exercise functions of depository of international treaties within the Union, decision of Superior council and Intergovernmental council.
      6. Commission may be vested with right by Superior council to sign international treaties on issues, including in the competence of Commission.
      7. For the purposes of ensuing of effective functioning of the Union, Commission shall have a right to create consultative bodies for conducting of consultations on separate issues, making decisions on which is referred to the competence of Commission.
      8. Commission shall have a right to request position on issues, considered by Commission of the member states. Request on provision of positions shall be directed to the governments of the member states. Commission shall also have a right to request information, necessary for exercise their powers by Commission from bodies of the member states, legal entities and individuals. Copies of requests of Commission to the address of legal entities and individuals, except for the requests, containing confidential information shall be simultaneously directed to the authorized body of executive power of the member state. Request on presentation of position or information on behalf of Commission shall be directed by the chairman or member of College of Commission, unless otherwise established by Agreement.
      Executive bodies of the member states shall ensure provision of requested information within the term, established by Regulation of work of Commission, upon condition, that information does not contain details, referred to the state secret (state secrets) or to details of limited distribution in accordance with the legislation of the member states.
      Procedure of exchange of information, containing details, referred to the state secret (state secrets) or details of limited distribution in accordance with the legislation of the member states shall be established by international treaties within the Union.
      9. Commission is responsible for budget process of the Union and preparation of report on its execution and shall be manager of funds of the budget estimate of the Commission.
      10. Commission shall be used the rights of legal entity.
      11. Commission shall consist of the Council of Commission and College of Commission. Procedure of activity of Council of Commission and College of Commission shall be governed by Regulation of work of Eurasian economic commission, approved by the Superior council (hereinafter – Regulation).
      12. Council of Commission shall have a right to form structural subdivisions (hereinafter – departments of Commission).
      13. Commission within their powers shall make decision, having regulatory legal nature and instructions, compulsory for the member states, having organizational-administrative nature and recommendations, not having compulsory nature.
      Decisions of Commission shall be a part of the Union Law and shall subject to the direct application in the territories of the member states.
      14. Decisions, instructions and recommendations of Commission shall be applied by the Council of Commission and College of Commission within the powers, established by Agreement and international treaties within the Union and in the manner, provided by Agreement and Regulation.
      Distribution of powers and functions of Council of Commission and College of Commission shall be determined by Regulation.
      15. Decisions of Commission which may effect on conditions of maintenance of entrepreneurial activity shall be made in recognition of results of conducting of assessment of regulatory impact of projects of such decisions.
      The order of conducting of procedure of assessment of regulatory impact of projects of specified decisions of commission shall be determined by Regulation.
      16. Unless otherwise provided by Agreement and international treaties within the Union, decisions of Commission shall enter into force not earlier than 30 calendar days from the date of their official publication.
      Decisions of Commission, specified in paragraph 18 of this Provision, as well as decisions of Commission, applied in the exceptional cases, requiring operative response may provide other term of entering into force, but not less than 10 calendar days from the date of their official publication.
      Procedure of adoption and entering into force of decisions of Commission, specified in the second item of this paragraph shall be established by Regulation.
      Decisions of Commission, containing details of limited distribution shall enter into force in the term, determined in them.
      Instructions of Commission shall enter into force in the term, determined in them.
      17. Decisions of Commission, aggravating position of individuals and (or) legal entities shall not have a retroactive effect.
      18. Decisions of Commission, improving position of individuals and (or) legal entities may have retroactive effect, unless directly provide it.
      19. Publication of decisions of Commission and ensuring of access to them shall be carried out in the manner established by Article 111 of agreement.
      20. Making decisions of Commission shall be carried out in accordance with Article 18 of Agreement and this Provision by voting of members of Council of Commission or members of the College of Commission.
      21. Votes in the Commission shall be distributed as follows:
      1) in the Council of Commission – one vote of the member of Council of Commission shall be one vote;
      2) in the College of Commission – one vote of member of College of Commission shall be one vote.

II. The Council of Commission

      22. The Council of Commission shall carry out general regulation of integration processes in the Union, as well as general management of activity of commission.
      23. The Council of Commission shall include one representative from each member state, being a deputy of the head of government and vested with necessary powers in accordance with the legislation of the state.
      The member state shall notify each other, as well as the College of Commission on representative in the Council of Commission in the manner established by Regulation.
      24. The Council of Commission shall carry out the following functions and powers:
      1) organize the work on improvement of legal regulation of activity of the Union;
      2) submit the basic directions of integration within the Union for approval of Superior council;
      3) consider the issue on cancellation of decisions of Commission, adopted by the College of Commission or making amendments in the manner provided by paragraph 30 of this Provision;
      4) consider results of monitoring and control of execution of international treaties, including in the Union Law;
      5) submit an annual report on monitoring of conducting of procedure of assessment of regulatory impact for consideration of Intergovernmental council;
      6) approve the list of departments of Commission, their structure and staff number, as well as distribution them between the members of College of Commission by presentation of Chairman of the College of Commission;
      7) approve qualifying requirements to the civil servants and employees of Commission;
      8) make decision on the withdrawal of privileges and immunities from the employees of Commission on the grounds provided by Provision on social guarantees, privileges and immunities in the Eurasian economic union (provision No.32 to the Agreement);
      9) approve the project of budget of Union;
      10) approve procedure of payment of labour of members of College of Commission, civil servants and employees of Commission;
      11) approve general limited staff number of departments of Commission;
      12) approve the plan on creation and development of integrated information system of the Union;
      13) for the purposes of ensuring of observance of rights of citizens of the member states, provided by Agreement for employment to the departments of Commission shall form Ethics Commission upon Council of Commission and approve provision on it;
      14) give instructions to the College of Commission;
      15) exercise other functions and powers in accordance with Agreement, international treaties within the Union and Regulation.
      25. The Council of Commission shall have a right to determine the issues, on which the College of Commission is obliged to conduct consultations within the consultative body, created in accordance with paragraph 44 of this Provision before making decision of the Council of Commission or College of Commission.
      26. Meetings of the Council of Commission shall be conducted in accordance with Regulation. Any member of the Council of Commission may initiate holding of meeting of the Council of Commission, as well as submit proposals to the agenda of meeting of the Council of Commission.
      Meeting of the council of Commission shall be valid if it is attended by all members of the Commission.
      27. In the meetings of the Council of Commission shall participate the Chairman of College of Commission, as well as by invitation of Council of Commission the members of College of Commission. Members of the Council of Commission may invite to the meetings of the Council of Commission the representatives of the member states and other persons.
      In the meetings of the Council of Commission may participate the representatives of third countries in the manner and conditions, which are determined by Agreement.
      28. Chairmanship in the Council of Commission shall be carried out in accordance with paragraph 4 of Article 8 of Agreement.
      In the case of early termination of powers of Chairman of the Council of Commission, the new member of the Council of Commission from presiding member state shall exercise powers of Chairman of the Council of Commission during remaining period.
      Chairman of the Council of Commission shall:
      carry out general management by preparation of issues, submitted for consideration at the next meeting of the Council of Commission;
      determine the agenda;
      open, hold and close the meetings of the Council of Commission.
      29. The Council of Commission shall make decision, instructions and recommendations within their powers.
      The Council of Commission shall make decision, instructions and recommendations by consensus.
      In the case if consensus is not reached, the issue shall be submitted for consideration to the Superior council or Intergovernmental council by suggestion of any member of the Council of Commission.
      30. The member state or member of the Council of Commission shall have a right to submit proposal on its cancellation or making amendments to the College of Commission during 15 calendar days from the date of publication of decision of the College of Commission.
      Chairman of the College of Commission shall direct materials on the relevant decision to the members of the Council of Commission in a day of reception of specified proposal.
      After reception of such materials the Council of Commission shall consider them and make decision during 10 calendar days.
      The member state in the case of disagreement with the decision taken by the Council of Commission according to the results of consideration of issue on cancellation of decision of the College of Commission or making amendments, or in the case of expire of the term, provided by the third item of this paragraph, but not later than 30 calendar days from the date of official publication of decision of the Council of Commission may direct a letter to the Commission signed by the head of government with proposal on submission of relevant issue for consideration of the Intergovernmental council and (or) Superior council.
      Head of the government of the member state shall have a right to apply to the Commission with proposal on submission of issue in relation of decisions of commission, specified in the second item of paragraph 16 of this Provision, for consideration of Intergovernmental council and (or) Superior council at any stage before the date of their entering into force.
      Decision of the College of Commission in relation of which the proposal on cancellation or making amendments in accordance with this paragraph was made shall not enter into force and shall be suspended for the term necessary for consideration of issue in relation of this decision by the Intergovernmental council and (or) Superior council and making of relevant decision according to the results of such consideration.

III. The College of Commission

      31. The College of Commission shall executive body of Commission.
      The College of Commission shall consist of the members of the College, one of which is the Chairman of the College of Commission.
      The College of Commission shall be formed of representatives of the member states based on the principle of equal representation of the member states.
      Numeral Composition of the College of Commission and distribution of obligations between the members of the College of commission shall be determined by Superior council.
      The college of Commission shall carry out management by the departments of Commission.
      32. The member of the College of Commission shall be the citizen of the member state, in which it is presented.
      The members of the College of Commission shall meet the following requirements: have professional preparation (qualification), relevant to the official duties, as well as work experience on profile of official duties at least 7 years, as well as at least 1 year to replace the executive position in the state bodies of the member states.
      33. The members of the College of Commission shall be appointed by Superior council for the term of 4 years with a possible extension of powers.
      Chairman of the College of Commission shall be appointed by Superior council for the term of 4 years on the rotating basis without the right of extension. Rotation shall be carried out alternatively in the Russian alphabetical order by name of the member state.
      34. The members of the College of Commission shall work in Commission on a permanent basis. The members of the College of Commission in the exercise of their powers are independent of the state bodies and civil servants of the member states and may not request or receive instructions from authorities or officials of the member states.
      Mechanism of interaction of members of the College of Commission with the member states on issues of international activity shall be determined in accordance with Procedure of carrying out of international cooperation by the Union, approved by the Superior council.
      35. The members of the College of Commission shall not have a right to combine the work in the College of Commission with other work or engage in other paid activity, except for teaching, scientific or other creative activity, during the term of their powers.
      36. The members of the College of Commission shall not have a right to:
      1) participate in activity of body of management of commercial organization on a paid basis;
      2) carry out entrepreneurial activity;
      3) receive remuneration from individuals and legal entities (gifts, monetary rewards, loans, services, payment for entertainment, rest, transportation charges and other remunerations) in connection with exercise of powers. The gifts received by the member of College of Commission in connection with protocol events, with official business trips and other official events (except for the symbolic) shall be recognized as the property of the Commission and transferred to the Commission by the act. The member of the College of Commission, transferred such gift may reacquire it in the manner approved by the Council of Commission;
      4) carry out the trips in connection with execution of official duties at the expense of funds of individuals and legal entities;
      5) use the means of logistical and other ensurance, other property of Commission for the purposes, not related with exercise of powers, as well as transfer them to other persons;
      6) disclose or use details of confidential nature or official information, which became known to it in connection with the exercise of powers for the purposes, not related with exercise of powers;
      7) use the powers of the member of the College of Commission in the interests of political parties, other public associations, religious associations and other organizations, as well as publicly express attitude to the specified associations and organizations as a member of the College of Commission, if it is not enter to their powers;
      8) create the structure of political parties in the Commission, other public associations (except for the professional unions, veterans and other bodies of public self-activity) and religious associations or contribute to the creation of these structures.
      37. A member of the College of Commission in the case of commercial holding of securities and (or) shares (shares of participation in the charter capitals of organization) shall be obliged to transfer their securities and (or) shares (shares of participation in the charter capitals of organizations) to the trust management within a reasonable time.
      38. Restrictions, established by paragraphs 35-37 of this Provision shall be also distributed to the civil servants and employees of Commission.
      39. Any violation of restrictions, established by paragraphs 35-37 of this Provision shall be the ground for early termination of powers of a member of the college of Commission, dissolution of labour agreement (contract) with civil servant, employee of Commission.
      40. Each member state shall present the candidates for the post of a member of the College of Commission to the Superior council.
      Personal composition of the College of Commission, including Chairman of the College of Commission shall be approved by Superior council by presentation of the member states.
      In the case of non-approval of candidate of a member of the College of Commission by Superior council, the member state shall present a new candidate during 30 calendar days.
      41. Member states shall not have a right to recall a member of the College of Commission, except for the cases of unfair execution of their official duties or cases, specified in paragraphs 35-37 of this Provision.
      Early termination of powers of a member of the College of Commission (except for the cases of voluntary removal) shall be carried out by presentation of the member state on the basis of decision of Superior council.
      In the case of early termination of powers of a member of the College of Commission, a new member of the College of Commission shall be assigned by presentation of the same member state, by whom a member of the College of Commission, terminated the powers was presented, for the remaining period of powers of the previous member of the College of Commission.
      42. Assignment of responsibilities between members of the College of Commission, as well as total number of staff of departments of Commission and procedure of payment of labour of the members of the College of Commission, civil servant and employees of Commission (as well as their supplies) shall be approved by Superior council.
      43. College of Commission shall ensure implementation of the following functions and powers:
      1) carry out development of proposals and set of proposals, presented by the member states in the scope of integration within the Union (including development and implementation of basic directions of integration);
      2) adopt decisions, instructions and recommendations;
      3) execute decisions and instructions, adopted by Superior council and Intergovernmental council, and decisions, adopted by the Council of Commission;
      4) carry out monitoring and control of execution of international treaties, included in the right of the Union, and decisions of Commission, as well as inform the member states on necessity of their execution;
      5) annually present a report on executed work for consideration by the Council of Commission;
      6) develop recommendations on issues, concerning formation, functioning and development of the Union;
      7) prepare expert findings (in a written form) on the proposals of the member states, received to the Commission;
      8) render assistance to the member states in the adjustment of disputes within the Union before application to the Court of the Union;
      9) ensure presentation of interests of Commission in the judicial instances, including the Court of the Union;
      10) carry out interaction with bodies of the state power of the member states within their powers;
      11) consider requests, received to the Commission;
      12) approve the plan of foreign business trips of members of the College, civil servants and employees of Commission for the regular year by presentation of Chairman of the College of Commission;
      13) approve a plan of research works for the regular year by presentation of Chairman of the College of Commission after its consideration on the consultative committees, inform the Council of Commission on the specified plan;
      14) carry out development of project of budget of the Union and preparation of projects of reports on its execution, ensure execution of budget estimate of Commission;
      15) develop projects of international treaties and decisions of Commission, adopted by the Council of Commission, as well as other documents, necessary for implementation of powers of Commission;
      16) conduct estimation procedure of regulatory impact in accordance with the established procedure and ensure preparation of annual report on monitoring of conducting of this procedure;
      17) ensure holding of meetings of the Council of Commission, Intergovernmental council and Superior council, as well as subsidiary bodies, created in accordance with paragraph 3 of Article 5 of Agreement;
      18) present proposals on removal of privileges and immunities from civil servants and employees of Commission, for consideration of the Council of Commission;
      19) place orders and conclude agreements for the supply of goods, execution of works and rendering of services for the needs of Commission in the manner approved by the Council of Commission;
      20) ensure observation of procedure of the work with documents of limited distribution (confidential and for official use), approved by the Council of Commission.
      44. The College of Commission shall have a right to create consultative bodies upon College of Commission, an activity and procedure of which are determined by the relevant provisions, approved by the College of Commission. Upon that the relevant consultative body shall be created by the College of Commission on a mandatory basis for consideration of issues, determined by the Council of Commission.
      45. Authorized representatives of bodies of the state power of the member states shall include to the composition of consultative bodies upon the College of Commission.
      Representatives of business community, scientific and public organizations, and other independent experts shall be included to the composition of consultative bodies upon the College of Commission at the suggestion of the member states.
      46. Consultative bodies upon the College of Commission shall carry out preparation of recommendations for the Commission within their powers on issues, referred to their competence. Suggestions of members of consultative bodies, presented them at the meetings of consultative bodies may not be considered as final position of the member states.
      47. Organizational and technical support of activity of consultative bodies upon the College of Commission shall be carried out by Commission.
      Directing member states shall bear expenses related with participation of authorized representatives of bodies of the state power of the member states in the work of consultative bodies upon the College of Commission. The specified persons shall bear expenses related with participation of representatives of business community, scientific and public organizations, and other independent experts in the work of consultative bodies upon the College of Commission independently.
      48. College of Commission shall adopt decisions, instructions and recommendations within their powers.
      Decisions, instructions and recommendations of Commission, adopted by the College of Commission shall be signed by the Chairman of College of commission.
      49. Meetings of the College of Commission shall be generally held at least 1 time per week.
      Members of the College of Commission shall participate in the meeting of the College of commission personally, without the right to replace. In the case of objective impossibility of participation in the meeting of the College of Commission, a member of the College of Commission shall have a right to state its position in a written form in the manner established by Regulation or to delegate the right to present its position to the director of department of Commission, in the competence of which the issue under consideration is included, by attorney and with the consent of Chairman of the College of Commission. Upon that a director of department of Commission shall not have a right to vote in the voting.
      One representative form the member state may present in the meetings of the College.
      Extraordinary meetings shall be held at the request of at least one of the members of the College of Commission on the basis of decision of the Chairman of the College of Commission. Procedure of holding of meetings of the College of Commission and procedure of voting shall be established by Regulation.
      50. A set of documents and materials for each of the issues of the project of agenda for the meetings of the College of Commission shall be distributed to the member states on a mandatory basis in accordance with Regulation, but not later than 30 calendar days before the date of meeting of the College of Commission.
      51. Chairman of the College of Commission shall:
      1) organize an activity of the College of Commission and bear responsibility for performance of functions, imposed on it;
      2) form the projects of plans of meetings of the College of Commission and the Council of Commission in accordance with the established procedure for the next period and agendas of meetings of the College of Commission, Council of Commission, as well as projects of agendas of the meetings of Superior council and Intergovernmental council, which subject to approval at the meeting of the council of Commission and are directed to the member states no later than 20 calendar days before the date of holding of the relevant meeting with the annex of necessary materials;
      3) report to the Council of Commission, Intergovernmental council and Superior council on issues, requiring their decisions, and on other documents with relevant proposals on the results of their consideration at the meeting of the College of Commission;
      4) establish procedure of the work of departments of Commission, as well as determine the issues, including in the scope of maintenance of departments of Commission;
      5) organize the work on preparation of meetings of the College of Commission, Council of Commission, Intergovernmental Council and Superior council;
      6) conduct meetings of the College of Commission;
      7) participate in the meetings of the Council of Commission;
      8) present the College of Commission in the Council of Commission;
      9) present proposals on assignment of departments of Commission for the members of the College of Commission for consideration of the Council of Commission in coordination with the members of the College of Commission;
      10) determine procedure of interaction with representatives of mass media, rules of public speeches of civil servants and employees of Commission and provision of official information;
      11) speak on behalf of Commission as administrator of the Union budget, is the manager of funds of the budget estimates of Commission, control the material resources of Commission, conclude civil agreements and appear in court;
      12) assign directors of departments of Commission and their assistants on the results of competition and conclude the contracts with them;
      13) conclude the labour agreements (contracts) with employees of Commission on behalf of Commission on the results of competition;
      14) approve provisions on departments of Commission;
      15) assign acting Chairman of the College of Commission from the number of members of the College of Commission;
      16) exercise the powers of representative of the employer in relation of civil servants and employees of Commission, approve official regulations (instructions), approve the leave schedules, grant leaves and adopt decisions on detachment;
      17) ensure conducting of verification on facts, imposed in application of the member state to recall of a member of the College of Commission on the grounds, specified in paragraphs 36 and 37 of this Provision, in the manner approved by the Council of Commission;
      18) exercise other functions, necessary for ensuring of activity of the College of Commission and departments of Commission in accordance with Regulation.
      52. A member of the College of Commission in accordance with assignment of responsibilities shall:
      1) carry out preparation of proposals on issues, referred to its competence;
      2) report at the meetings of the College of Commission and Council of Commission on issues, referred to its competence;
      3) coordinate and control an activity of supervised departments of Commission;
      4) prepare projects of decisions, instructions and recommendations of the College of Commission on issues, referred to its competence;
      5) carry out monitoring of execution of international treaties, including to the Union law by the member states, on issues referred to its competence;
      6) carry out monitoring of execution of decisions of Commission by the member states on issues, referred to its competence;
      7) prepare projects of expert conclusions (in a written form) for the proposals of the member states, received to the Commission on issues referred to its competence;
      8) carry out interaction with bodies of the state power of the member states within the powers of the College of Commission on issues referred to its competence (as well as request information, necessary for exercise of powers, from the bodies of the state power of the member states, legal entities and individuals);
      9) ensure development of projects of international treaties, decisions, instructions and recommendations of Commission, adopted by the Council of Commission, as well as other documents, necessary for implementation of Commission on issues referred to its competence;
      10) ensure participation of supervised departments of Commission in conducting of evaluation procedure of regulatory impact according to the established procedure;
      11) submit proposals on creation of consultative bodies for consideration of the College of Commission upon the College of Commission on issues, referred to its competence.
      53. The issues, related with provision of privileges and immunities, social guarantees to the members of the College of Commission, as well as issues, related with labour relations and compulsory state social and retirement insurance shall be regulated in accordance with Provision on social guarantees, privileges and immunities in the Eurasian economic union (annex No. 32 to the Agreement).

IV. Department of Commission

      54. Ensuring of activity of the Council of Commission and College of Commission shall be carried out by departments of Commission.
      Civil servants and employees shall include to the composition of departments of Commission.
      Hiring of civil servants and employees of Commission shall be carried out in accordance with Article 9 of Agreement.
      Directors of departments of Commission and their assistants shall be assigned by the Chairman of the College of Commission on the basis of recommendation of competitive commission for the term of 4 years.
      Directors of departments of Commission and their assistants shall comply with the following requirements:
      have the nationality of one of the member states;
      have professional preparation (qualification) and work experience at least 5 years on the profile, relevant to the official duties.
      Departments of Commission shall be equipped by employees from the number of citizens of the member states on the competitive basis, which comply with relevant qualifying requirements to the position held, approved by the Council of Commission.
      Employees of Commission shall be employed on the basis of labour agreements (contracts), concluded with Chairman of the College of Commission.
      Procedure of conclusion of labour agreement (contract), its extension and grounds for its dissolution shall be approved by the Council of Commission.
      Additional requirements, which are specified in the manner of conducting of competition may be imposed to the candidates.
      Employees of Commission shall be certified in the manner, approved by the Council of Commission.
      55. Departments of Commission shall implement the following functions:
      1) carry out preparation of materials of projects of decisions, instructions and recommendations on issues of functioning of the Union (as well as proposals on conclusion of international treaties and making amendments) for consideration by the members of the College of Commission;
      2) carry out monitoring of execution of international treaties, including to the Union law, decisions and instructions of the College of Commission, Council of Commission, Intergovernmental council and Superior council by the member states, for the purposes of presentation of results for consideration by the members of the College of Commission;
      3) carry out preparation of proposals on the results of monitoring and analysis of the legislation of the member states in the scopes, regulated by the Union law for consideration by the members of the College of Commission;
      4) carry out preparation of projects of international treaties and other documents, necessary for functioning of the Union;
      5) interact with bodies of the state power of the member states;
      6) carry out preparation of projects of budget of the Union and report of its execution, develop the project of budget estimates of Commission and ensure its execution;
      7) ensure execution of functions of depositary of international treaties within the Union by Commission;
      8) participate in conducting of evaluation procedure of regulatory impact according to the established procedure and carry out monitoring of conducting of this procedure;
      9) exercise other functions, determined by international treaties, including in the Union law, decisions of Superior council, Intergovernmental council and Commission (as well as directed to organization of the work of bodies of the Union, information and technical support of activity of Commission).
      56. Civil servants and employees of Commission shall be international civil servants.
      Upon performance of official duties, the civil servants and employees of Commission are irrespective of the state bodies and civil servants of the member states and may not request or receive instructions from bodies of power or civil servants of the member states.
      Each member state shall be obliged to respect the status of civil servants and employees of Commission and not have influence on them upon performance them their official duties.
      During the work in the Commission, the civil servants and employees of Commission shall not have a right to combine work in the Commission with other work or engage in other paid activity, except for teaching, scientific or other creative activity, during the term of its professional and official duties.
      57. The members of the College of Commission, civil servants and employees of Commission shall annually present details on their incomes, property and property obligations, as well as on incomes, property and property obligations of the family members (husband (wife) and the minors) according to the procedure and terms, which are determined by the Council of Commission.
      58. Details on incomes, property and property obligations, presented by the members of the College of Commission, as well as civil servants and employees of Commission in accordance with this Provision shall be details of a confidential nature.
      59. Persons, guilty in disclosure of details, specified in paragraphs 57 and 58 of this Provision shall bear responsibility in accordance with the legislation of the member states.
      60. Verification of reliability and completeness of details, specified in paragraphs 57 and 58 of this Provision shall be carried out in the manner approved by the Intergovernmental council.
      61. Members of the College of Commission, civil servants and employees of Commission shall be obliged to take measures to settlement or prevention of conflict of interests, which may arise by virtue of availability of personal interest of the member of the College of Commission, civil servant or employee of Commission.
      62. The issues related with provision of privileges and immunities, social guarantees to the civil servants and employees of Commission, as well as the issues related with labour relations and compulsory state social and retirement insurance shall be regulated in accordance with Provision on social guarantees, privileges and immunities in the Eurasian economic union (annex No.32 to Agreement).

ANNEX No.2       
to the Agreement    
on Eurasian economic union

STATUTE
of the Court of Eurasian economic union

CHAPTER I. General provisions
Legal status of the Court

      1.The Court of Eurasian economic union (hereinafter – Court) shall be judicial body of the Eurasian economic union (hereinafter – Union), which is created and operates on a permanent basis in accordance with Agreement on Eurasian economic union (hereinafter – Agreement) and this Statute.
      2. The purpose of activity of the Court shall be ensuring of uniform application of Agreement, international treaties by the member states and bodies of the Union in accordance with provisions of this Statute within the Union, international treaties of the Union with third party and decisions of bodies of the Union.
      For the purposes of this Statute under the bodies of the Union shall be regarded the bodies of the Union, except for the Court.
      3. The Court shall be enjoyed rights of legal entity.
      4. The Court shall maintain its documentation have a seal and forms with its name, approve its official website and official bulletin.
      5. The Court shall develop proposals on financing of activity of the Court and manage funds, allocated for provision of its activity, in accordance with Provision on the Union budget.
      6. Conditions of payment for labour of judges, civil servants and employees of the Court shall be determined by Superior Eurasian economic council.

CHAPTER II. Composition of Court

      7. Composition of Court shall include two judges from each member state.
      8. The term of office of judge- nine years.
      9. The judges shall have high moral quality, be highly qualified specialists in the field of international and domestic law and, as a rule, comply with the requirements, presented to the judges of the highest judicial authorities of the member states.
      10. The judges shall be assigned for the post by Superior Eurasian economic union by presentation of the member state. Upon assumption of an office the judges shall take an oath.
      11. The judges shall be dismissed by the Superior Eurasian economic union.
      12. The powers of judge may be terminated on the following grounds:
      1) termination of activity of Court;
      2) expire of period of powers of judge;
      3) written application of judge on abdication in connection with transfer to other work or for other reasons;
      4) inability for health reasons or other reasonable excuses to exercise the powers of a judge;
      5) engage in activity incompatible with the judicial appointment;
      6) termination of membership in the Union of the state, to which the judge is represented;
      7) loss of judge the nationality of the member state, to which the judge is represented;
      8) commission of a serious offence by judge, incompatible with the high status of a judge;
      9) entering of judgment of conviction into legal force in relation of judge or court decision on application of compulsory medical measures to him (her);
      10) entering of court decision on disability of judge or recognition him (her) as incapable into legal force;
      11) death of judge or entering of court decision on declaring him (her) dead or recognition as missing into legal force.
      13. Member state, submitted a judge, Court or the judge may act with initiative on termination of powers of judge on the grounds, provided by paragraph 12 of this Statute.
      The issues on making of initiative on termination of powers of judge shall be determined by Regulation of court on Eurasian economic union, which is approved by Superior Eurasian economic union (hereinafter – Regulation).
      14. Court Chairman shall carry out the management of the Court activity. Court Chairman shall have the assistants.
      Upon temporary impossibility of participation of Court Chairman in the Court activity, an assistant of the Court Chairman shall exercise its obligations.
      15. Court Chairman and its assistant shall be elected for the post from the composition of the Court by judges of Court in accordance with Regulation and approved by Superior Eurasian economic union.
      Court Chairman and its assistants may not be the citizens of the same member state.
      Upon termination of powers, the Court Chairman or its assistant shall be elected from the number of judges, presented by other member states than those that had been submitted the previous Court Chairman and his (her) assistant, respectively.
      16. Court Chairman and his (her) assistant shall exercise his (her) powers during three years.
      17. Court Chairman shall:
      1) approve procedure of organization and activity of the Court and judges;
      2) organize activity of the Court;
      3) ensure interaction of the Court with authorized bodies of the member states, foreign and international judicial bodies within the powers;
      4) appoint to a post and dismiss from the post of employees and civil servants of Court according to the procedure established by this Statute;
      5) organize provision of details on activity of the Court to mass media;
      6) exercise other powers within this Statute.
      18. Judges may not present the interests of the state or interstate bodies and organizations, commercial structures, political parties and movements, as well as territories, nations, nationalities, social and religious groups and individuals.
      Judges shall not have a right to engage in any activity, related with receipt of incomes, except for the scientific, creative and teaching.
      19. Judge may not participate in solution of any case, in which he (she) is participated as representative, attorney or lawyer of one of the parties of dispute, member of national or international court, investigating commission or in any other kind of activity.
      20. Upon administration of justice the judges are equal and have the same status. Court Chairman and his (her) assistant shall not have a right to take actions, directed to reception of any illegal advantage in comparison with other judges.
      21. The judge both upon exercise their powers, and in out-of-office relations shall avoid the conflict of interests, as well as anything that may belittle the authority of judicial power, the dignity of the judge or call into question in its objectivity, fairness, impartiality.

CHAPTER III. Court Apparatus
Status of civil servants and employees

      22. Court Apparatus shall ensure an activity of Court.
      23. Secretariat of judges and secretariat of Court shall include in the structure of Court Apparatus.
      24. Secretariat of judge shall consist of counsellor of judge and judge assistant.
      25. Legal, organizational, material and other support of activity of Court shall be carried out by the Secretariat of Court.
      26. Structure and number of Secretariat of Court shall be approved by the Superior Eurasian economic council.
      27. Head of the Secretariat of the Court shall head the Secretariat of Court. Head of the Secretariat of Court shall have two assistants. Head of the Secretariat of Court and its assistants shall be civil servants of Court, which are assigned to the posts and dismissed from post in accordance with this Statute and Agreement. Head of the Secretariat of the Court and its assistants may not be the citizens of the same member state.
      28. Labour relations shall be regulated by Agreement, applied by international treaties within the Union and legislation of the state of residence of the Court.
      29. Counsellor of the judge shall be a civil servant of the Court, assigned to the post and dismissed from post by the Chairman of Court at the suggestion of relevant judge.
      30. Counsellor of judge shall carry out information and analytical support of activity of judge.
      31. Counsellor of judge shall have high moral quality, be highly qualified specialists in the field of international law and (or) international economic activity.
      32. The assistant of judge shall be an employee, assigned to a post and dismissed from post by the Chairman of court at the suggestion of relevant judge.
      33. An assistant of judge shall carry out organizational support of activity of judge.
      34. The selection of candidates for holding of posts of the head of Secretariat of the Court and its assistants shall be conducted on a competitive basis by the competition committee of the Court in recognition of principle of equal representation of the member states.
      Candidates for participation in competition for holding of specified posts shall be presented by the member states.
      35. Secretariat of the Court shall be formed on a competitive basis in recognition of share participation of the member states in the budget of the Union from the number of citizens of the member states.
      Employees of the Secretariat of Court shall be employed on the basis of labour agreements (contracts) concluded with them.
      36. Composition of competition committee of the Court for the selection of candidates for holding of posts of the Secretariat of Court shall include all the judges of the Court, except for the Chairman of the Court.
      Members of competition committee shall select the chairman of competition committee.
      Competition committee shall make their decisions in the form of recommendations by the majority of votes and present them to the Chairman of the Court for the appointment.
      37. Procedure of conducting of competition for holding of vacant posts in the Secretariat of the Court shall be determined by Court and approved by the Chairman of the Court in accordance with basic rules of conducting of competition, determined by the Superior Eurasian economic council.
      38. Technical staff of the Secretariat of the Court shall be employed by the head of Secretariat of the Court on the basis of labour agreements (contracts), concluded with them.

CHAPTER IV. Competence of the Court

      39. The Court shall consider the disputes, arising on issues of implementation of Agreement, international treaties within the Union and (or) decisions of bodies of the Union:
      1) by application of the member state:
      on compliance of international treaties within the Union or its separate provisions with the Agreement;
      on observance of Agreement, international treaties within the Union and (or) decisions of bodies of the Union, as well as separate provisions of specified international treaties and (or) decisions by other member state (other member states);
      on compliance of decisions of Commission or its separate provisions with the Agreement, international treaties within the Union and (or) decisions of bodies of the Union;
      on contestation of action (omission) of commission;
      2) by application of business entity:
      on compliance of decisions of Commission or its separate provisions, directly affecting the rights and legal interests of business entity in the scope of entrepreneurial and other economic activity with the Agreement and (or) international treaties within the Union, if such decision or its separate provision is entailed a violation of rights and legal interests of business entity, provided by Agreement and (or) international treaties within the Union;
      on contestation of action (omission) of Commission, directly affecting the rights and legal interests of business entity in the scope of entrepreneurial and other economic activity, if such action (omission) is entailed a violation of rights and legal interests of business entity, provided by Agreement and (or) international treaties within the Union;
      For the purposes of the Statute the business entity shall be regarded as legal entity, registered in accordance with the legislation of the member state or third state, or individual, registered as individual entrepreneur in accordance with the legislation of the member state or third state.
      40. The member states may include to the competence of the Court other disputes, permission of which the Court directly provides by Agreement, international treaties within the Union, international treaties of the Union with third party or other international treaties between the member states.
      41. The question on availability of competence of the Court on solution of dispute shall be resolved by the Court. The Court in determining whether it has the competence to consider the dispute shall be governed by Agreement, international treaties within the Union and (or) international treaties of the Union with third party.
      42. The competence of the Court shall not include vesting of bodies of the Union with additional competence other than that directly provided by Agreement and (or) international treaties within the Union.
      43. The dispute shall not be accepted for consideration by the Court without preliminary application of applicant to the member state or Commission for settlement of the question according to the pre-judicial procedure by consultations, negotiations or other methods, provided by Agreement and international treaties within the Union, except for the cases, directly provided by Agreement.
      44. If the member state or Commission did not take measures on settlement of a question according to the pre-judicial procedure during 3 months from the date of reception of application of applicant, the application on consideration of dispute may be directed to the Court.
      45. The dispute may be transferred for consideration of the Court before expire of the term, specified in paragraph 44 of this Statute by mutual consent of the parties.
      46. The court shall carry out explanation of provisions of Agreement, international treaties within the Union and decisions of bodies of the Union by application of the member state or body of the Union, as well as by application of employees and civil servants of bodies of the Union and the Court of provisions of Agreement, international treaties within the Union and decisions of bodies of the Union, related with labour law relations (hereinafter – explanation).
      47. Carrying out of explanation by the Court means provision of consultative conclusion and does not deprive the right of the member state to a joint interpretation of international treaties by them.
      48. The Court shall carry out explanation of provisions of international treaty of the Union with third party, unless otherwise provided by this international treaty.
      49. Appeal to the Court on behalf of the member state with application on consideration of dispute or with application on explanation shall be carried out by the authorized bodies and organizations of the member state, the list of which is determined by each member state and directed to the Court through the diplomatic channels.
      50. The Court upon implementation of justice shall apply:
      1) generally recognized principles and regulations of international law;
      2) an Agreement, international treaties within the Union and other international treaties, the participants of which are the state parties of dispute;
      3) decisions and instructions of bodies of the Union;
      4) international custom, as evidence of a general practice accepted as legal norm.
      51. Provisions of Agreement, international treaties within the Union and international treaties of the Union with third party, concerning resolution of disputes, explanations and interpretations shall be applied in a part, not contradicting to this Statute.

CHAPTER V. Judicial proceedings

Section 1
Judicial proceedings on the cases of
resolution of disputes

      52. Procedure of consideration of cases on resolution of disputes in a Court shall be determined by Regulation.
      53. The Court shall carry out judicial proceedings on the basis of the following principles:
      independence of the judges;
      transparency of proceedings;
      publicity;
      equality of dispute parties;
      contentiousness;
      collegiality.
      Procedure of implementation of principles of judicial proceedings shall be determined by Regulation.
      54. Receipt of the application in a Court in relation of any international treaty within the Union and (or) decision of Commission shall not be the basis for suspension of effect of such international treaty and (or) decision and (or) their separate provisions, except for the cases, directly provided by Agreement.
      55. The Court may request materials, necessary for consideration of cases, from business entities, authorized bodies and organizations of the member states, as well as bodies of the Union, directed the application in a Court.
      56. Classified information may be received by the Court or presented by person, participating in the case, in accordance with the Agreement, international treaties within the Union, Regulation and legislation of the member states. The Court shall take the appropriate measures on ensuring of protection of such information.
      57. Judicial proceedings in the Court shall be carried out with the participation of parties of dispute, applicant, and their representatives, experts, including the experts of specialized groups, specialists, witnesses and translators.
      58. Persons, participating in the case shall be used by procedural rights and incur procedural obligations in accordance with Regulation.
      59. the immunity from administrative, civil and criminal jurisdiction in relation of all words spoken or written in connection with their participation in the process on consideration of the case by the Court shall be provided to the experts of specialized groups. These persons shall lose immunity in the case of violation of procedure of the use and protection of classified information, determined by Regulation.
      60. If the member state or Commission considers that the decision on the dispute may affect their interests, this member state or Commission may be applied with application on permission to intervene as the interested participant of dispute.
      61. The Court shall dismiss the requirements on compensation of losses or other property requirements without consideration.
      62. Application of business entity in a Court shall be imposed duty.
      63. Duties shall be paid by the business entity before filing of application in a Court.
      64. In the case of meeting by the Court the requirements of business entity, specified in application shall be carried out the return of duties.
      65. The amount, currency of payment, procedure of crediting, use and return of duty shall be determined by the Superior Eurasian Economic Union.
      66. In the course of consideration of the case, each party of dispute shall bear their expenses of the court independently.
      67. In any stage of consideration of the case, the dispute may be settled by the parties of dispute by conclusion of amicable agreement, refusal of an applicant of their requirements or cancellation of application.

Section 2
Judicial proceedings on the cases of explanation

      68. Procedure of consideration of cases on explanation shall be determined by Regulation.
      69. The Court shall carry out the judicial proceedings on the cases of explanation on the basis of principles of independence of judges and collegiality.

Section 3
Composition of Court

      70. The Court shall consider the cases in the composition of Grand college of Court, the College of Court and Appeals chamber of Court.
      71. The Court shall consider the cases on settlement of disputes at the meetings of Grand college of Court in the cases, provided by subparagraph 1 of paragraph 39 of this Statute.
      72. Grand college shall consider the procedural issues, provided by Regulation.
      73. The Court shall consider the cases on explanation at the meetings of Grand college of the Court.
      74. Composition of Grand college of the Court shall include all judges of Court.
      75. Judicial meeting of Grand college of Court shall be considered as valid upon condition of presence of all the judges of the Court.
      76. The Court shall sit in the composition of College of Court in the cases, provided by subparagraph 2 of paragraph 39 of this Statute.
      77. The composition of the College of Court shall include one judge from each member state in turn by the name of the judge, beginning with the first letter of the Russian alphabet.
      78. Judicial meeting of the College of Court shall be considered as valid upon condition that the presence of one judge from each member state.
      79. The Court shall sit in the composition of Appeals Chamber of the Court upon consideration of applications on appeal of decisions of the College of Court.
      80. The composition of Appeals Chamber of the Court shall include the judges of Court form the member states, not participating in consideration of the case, decision of the College of Court of which is appealed.
      81. Judicial meeting of Appeals Chamber of the Court shall be considered as valid upon condition of presence of one judge from each member state.

CHAPTER VI. Specialized groups

      82. The specialized group shall be created upon consideration of specific dispute, the subject of which is the issues of provision of industrial subsidies, measures of the state support of agricultural industry, application of special protective, antidumping and compensatory measures.
      83. Specialized group shall consist of three experts, one from the list, presented by each member state on the relevant type of dispute.
      84. The composition of specialized group shall be approved by Court.
      85. Specialized group shall be dissolved after consideration of the case.
      86. The member states shall direct the lists of at least three experts for each type of disputes, specified in paragraph 82 of this Statute, who are ready and able to serve as members of the specialized groups, to the Court not later than 60 calendar days after entering of Agreement into legal force.
      The member states shall update the lists of experts on a regular basis, but not less than once a year.
      87. Individuals, being highly qualified specialists, having special knowledge and experience in matters which constitute the subject of disputes specified in paragraph 82 of this Statute shall act as experts.
      88. Experts shall act in their personal capacity, independently and not related with any party of dispute and may not receive from them any instructions.
      89. Expert may not act as a member of specialized group in the case of existence of conflict of interests.
      90. Specialized group shall prepare conclusion, containing objective assessment of factual circumstances of case, and present it in a Court in the terms, established by Regulation.
      91. Conclusion of specialized group shall have recommendatory nature, except for the case provided by third item of paragraph 92 of this Statute and shall be estimated by the Court in making one of the decisions, provided by paragraphs 104 – 110 of this Statute.
      92. Conclusion of specialized group, prepared on dispute, the subject of which is the issues of provision of industrial subsidies or measures of the state support of agricultural industry shall contain the conclusion on the existence or absence of violations, as well as on application of relevant compensatory measures in the case of existence of violation.
      In a part of conclusion of specialized group on existence or on absence of violation of conclusion of specialized group shall have recommendatory nature and shall be estimated by the Court upon rendering of one of decisions, provided by paragraphs 104-110 of this Statute.
      In a part of conclusion on application of relevant compensatory measures, the conclusion of specialized group shall be compulsory for the Court upon rendering of decision.
      93. Procedure of formation and activity of specialized groups shall be determined by Regulation.
      94. Procedure of payment of services of experts of specialized groups shall be determined by Superior Eurasian economic union.

CHAPTER VII. Acts of the Court

      95. The Court in the terms, established by Regulation shall adopt provision on procedural issues of activity of Court, including provisions:
      1) on adoption or refusal in adoption of application to proceedings;
      2) on suspension or resumption of proceedings on the case;
      3) on termination of proceeding on the case.
      96. The Court shall render decision on the results of consideration of dispute, and on application of explanation shall provide the advisory conclusion in the term not later than 90 days from the date of reception of application.
      97. The term of rendering of decision may be extended in the cases, provided by Regulation.
      98. Advisory conclusion on application of explanation shall have recommendatory nature.
      99. The Court shall render decision, which is compulsory for execution by the parties of dispute, according to the results of consideration of disputes, provided by subparagraph 1 of paragraph 39 of this Statute.
      100. The Court shall render decision, which is compulsory for execution by Commission, according to the results of consideration of disputes, provided by subparagraph 2 of paragraph 39 of this Statute.
      101. Decision of the Court may not be beyond the scope of issues, specified in application.
      102. Decision of the Court does not change, and (or) cancel the existing regulations of the Union law, legislation of the member states and does not create new ones.
      103. The parties of dispute shall independently determine the form and method of execution of decision of the Court without damage to the provisions of paragraphs 111-113 of this Statute.
      104. According to the results of consideration of the case on application of the member state on compliance of international treaty within the Union or its separate provisions with the Agreement, the Grand college of the Court shall render one of the following decisions:
      1) on non-compliance of international treaty within the Union or its separate provisions with the Agreement;
      2) on compliance of international treaty within the Union or its separate provisions with the Agreement.
      105. According to the results of consideration of the case on application of the member state on observation of Agreement, international treaties within the Union and (or) decisions of bodies of the Union, as well as separate provisions of specified international treaties and (or) decisions by other member state (other member states), the Grand college of the Court shall render one of the following decisions:
      1) on establishment of fact of observation of Agreement, international treaties within the Union and (or) decisions of bodies of the Union as well as separate provisions of specified international treaties and (or) decisions by the member state (member states);
      2) on establishment of fact of nonobservance of Agreement, international treaties within the Union and (or) decisions of bodies of the Union as well as separate provisions of specified international treaties and (or) decisions by the member state (member states).
      106. According to the results of consideration of case on application of the member state on compliance of decisions of Commission or its separate provisions with the Agreement, international treaties within the Union and (or) decisions of bodies of the Union, the Grand college of the Court shall render one of the following decisions:
      1) on non-compliance of decision of Commission or its separate provisions with the Agreement, international treaties within the Union and (or) decisions of bodies of the Union;
      2) on compliance of decision of Commission or its separate provisions with the Agreement, international treaties within the Union and (or) decisions of bodies of the Union.
      107. According to the results of consideration of the case on application of the member state on contestation of action (omission) of Commission, the Grand college of the Court shall render one of the following decisions:
      1) on recognition of contested action (omission) as not corresponding to the Agreement and (or) international treaties within the Union;
      2) on recognition of contested action (omission) as corresponding to the Agreement and (or) international treaties within the Union.
      108. According to the results of consideration of the case on application of business entity on compliance of decision of Commission or its separate provisions, directly affecting the rights and legal interests of business entity in the scope of entrepreneurial and other economic activity, with the Agreement and (or) international treaties within the Union, if such decision or its separate provisions are entailed a violation of rights and legal interests of business entity, provided by Agreement and (or) international treaties, the College of the Court shall render one of the following decisions:
      1) on recognition of decision of Commission or its separate provisions as corresponding to the Agreement and (or) international treaties within the Union;
      2) on recognition of decision of commission or its separate provisions as not corresponding to the Agreement and (or) international treaties within the Union.
      109. According to the results of consideration of the case on application of business entity on contestation of action (omission) of Commission, the College of the Court shall render one of the following decisions:
      1) on recognition of contested action (omission) of Commission as not corresponding to the Agreement and (or) international treaties within the Union and violating the rights and legal interests of business entity in the scope of entrepreneurial and other economic activity;
      2) on recognition of contested action (omission) of Commission as corresponding to the Agreement and (or) international treaties within the Union and not violating the rights and legal interests of business entity in the scope of entrepreneurial and other economic activity.
      110. According to the results of consideration of the case on application of business entity on appeal of decision of the College of the Court, Appeals Chamber of the Court shall render one of the following decisions:
      1) on leaving the decision of the College of Court without change, and application on appeal – without satisfaction;
      2) on fully or partially revocation or on change of decision of the College of the Court, rendering of a new decision on the case in accordance with paragraphs 108 and 109 of this Statute.
      111. The effect of decision of the Commission or its separate provisions, recognized by Court as not corresponding to the Agreement and (or) international treaties within the Union shall be continued after entering of relevant decision of the Court into legal force before execution of this Court decision by Commission.
      Decision of Commission or its separate provisions, recognized by Court as not corresponding to the Agreement and (or) international treaties within the Union, within a reasonable time, but not exceeding 60 calendar days from the date of entry into force of the decision of the Court shall be brought by Commission to correspondence with Agreement and (or) international treaties within the Union, unless another term is not established in the Court decision.
      The Court may establish the term for bringing of decision of Commission to correspondence with Agreement and (or) international treaties within the Union in its decision in recognition of provisions of agreement and (or) international treaties within the Union.
      112. In the existence of reasonable application of the dispute party, the effect of decision of Commission or its separate provisions, recognized by Court as not corresponding to the Agreement and (or) international treaties within the Union may be suspended by the decision of Court from the date of entering into legal force of such Court decision.
      113. Commission shall be obliged to execute the Court decision, entered into legal force, in which the Court is established that contested action (omission) of Commission does not correspond to the Agreement and (or) international treaties within the Union and that the rights and legal interests of business entities, provided by Agreement and (or) international treaties within the Union are violated by such action (omission) of Commission, within the reasonable time, but not exceeding 60 calendar days from the date of entry into force of the decision of the Court, unless another term is not established in the Court decision.
      114. In the case of execution of Court decision, the member state shall have a right to apply to the Superior economic union in order to adopt necessary measures, related with its execution.
      115. In the case of execution of Court decision by Commission, the business entity shall have a right to apply to the Court with application on adoption of measures on its execution.
      The Court shall be applied to the Superior Eurasian economic union for adoption of decision by them on this question on application of business entity during 15 calendar days from the date of its reception.
      116. The acts of the Court shall subject to publication in the official bulletin of the Court and on official website of the Court.
      117. The Court decision may be explained without change of its essence and content only by the Court on the reasonable application of the parties in the case.

CHAPTER VIII. Final provisions

      118. Judges, civil servants, employees of the Court, persons, participating in the case, experts of specialized groups shall not disclose and transfer information, received by them in the process of consideration of the case to the third persons, without written consent of person, provided such information.
      119. Procedure of the use and protection of classified information shall be determined by Regulation.
      120. The Court shall present a report on its activity to the Superior Eurasian economic council.

ANNEX No.3        
to the Agreement on Eurasian
economic union      

Minute on information and communication technologies and
information interaction within the Eurasian economic union

      1. This Minute is developed in accordance with Article 23 of Agreement on Eurasian economic union (hereinafter – Agreement) for the purposes of determination of fundamental principles of information interaction and coordination of its implementation within the Union, as well as determination of procedure of creation and development of integrated information system.
      2. The concepts used in this Minute shall have the following meanings:
      “paper copy of the electronic document” – a copy of electronic document on paper medium, certified in the manner established by the legislation of the member states;
      “trusted third party” – an organization, vested with the right to carry out an activity on verification of electronic digital signature (electronic signature) in the electronic documents in the fixed time in relation of person, signed the electronic document in accordance with the legislation of the member states;
      “the customer of the national segment of a member state” – the state body of the member state, exercising functions of the customer and organizer of works on creation, development and operation of national segment of the member state, determined in accordance with the legislation of the member state;
      “protection of information” – adoption and implementation of the set of legal, organizational and technical measures on determination, achievement and maintenance of confidentiality, integrity and accessibility of information and processing means for the purposes of exclusion or minimization of unacceptable risks for the subjects of information interaction;
      “integrated information system of the Union” – organizational set of geographically distributed state information resources and information systems of authorized bodies, information resources and information systems of Commission, associated with national segments of the member states and integrated segment of Commission;
      “information system” – a set of information technologies and technical means, ensuring processing of information resources;
      “information and communication technologies” – a set of methods and means of implementation of information technologies and telecommunications processes;
      “information technologies” – processes, search methods, collection, acquisition, systematization, storage, qualification, processing, provision, distribution and removal (destruction) of information, as well as the methods of implementation of such processes and methods;
      “information resource” – an ordered set of documented information (data base, other amounts of information), containing in the information systems;
      “classifier” - classified, structured and codified list of names of objects of classification;
      “national segment of the member state”, “integration segment of Commission” – information systems, ensuring information interaction of information systems of authorized bodies and information systems of Commission within the integrated information system of the Union;
      “referenced information” – a set of references and classifiers, which are used upon implementation of information exchange between the authorized bodies;
      “general infrastructure of documentation of information in electronic form” – a set of information and technology, organizational and legal measures, rules and decisions, implemented for the purposes of validation to the electronic documents, used within the Union;
      “general information resource” – information resource of Commission, formed by centralized maintenance or on the basis of information interaction of the member states;
      “general process within the Union” – operations and procedures, regulated (established) by international treaties and acts, constituting the Union law, and the legislation of the member states, which is started in the territory of one of the member states and terminated (changed) in the territory of another member state;
      “reference” – systematized, structural and codified list of information, homogeneous on its content or essence;
      “subjects of electronic interaction” – the state bodies, individuals or legal entities, interacting within relations, arising in the process of preparation, sending, transfer, obtaining, storage and use of electronic documents, as well as information in the electronic form;
      “cross-border space of trust” – a set of legal, organizational and technical conditions, coordinated with the member states for the purposes of ensuring confidence in the inter-state exchange of data and electronic documents between the authorized bodies;
      “unified system of classification and coding of information” – a set of references, classifiers of referenced information, as well as procedure and methodology of their development, maintenance and use;
      “authorized body” – the state body of the member state or organization determined by them and vested with powers on implementation of the state policy in the separate scopes;
      “accounting system” – information system, that contains information from the title documents of subjects of electronic interaction and with the use of which the legally significant electronic documents are prepared or issued;
      “electronic form of interaction” – a method of information interaction, based on application of information and communication technologies;
      “electronic form of document” – information, details, data, presented in the form, suitable for human perception with the use of electronic computers, as well as for transfer and processing with the use of information and communication technologies with compliance with the established requirements to the format and structure;
      “electronic document” – a document in electronic form, certified by electronic digital signature (electronic signature) and meeting the requirement of general infrastructure of documentation of information in the electronic form.
      3. On the basis of extending of functional capabilities of integrated information system of foreign and mutual trade shall be conducted the works on creation, ensuring of functioning and development of integrated information system of the Union (hereinafter – integrated system), which provides information support for the following issues:
      1) customs tariff and non-tariff regulation;
      2) customs regulation;
      3) technical regulation, application of sanitary, veterinary and sanitary and quarantine phytosanitary measures;
      4) crediting and distribution of imported customs duties;
      5) crediting and distribution of antidumping and compensatory duties;
      6) statistics;
      7) competitive policy;
      8) energy policy;
      9) currency policy;
      10) intellectual property;
      11) financial markets (banking, the scope of insurance, currency market, the securities market);
      12) ensuring of activity of bodies of the Union;
      13) macroeconomic policy;
      14) industrial and agro-industrial policy;
      15) circulation of pharmaceuticals and medical products;
      16) other issues within the powers of the Union (including in the field of coverage of integrated system as it develops).
      4. The basic tasks of formation of integrated system shall be:
      1) creation and maintenance on the basis of unified system of classification and coding of a single system of referenced information of the Union;
      2) creation of integrated information structure of interstate exchange of data and electronic documents within the Union;
      3) creation of general information resources for the member states;
      4) ensuring of information interaction on the basis of provisions of Agreement for ensuring of formation of general information resources, information ensuring of authorized bodies, carrying out the state control, as well as implementation of general processes within the Union;
      5) providing access to the texts of international treaties and acts, constituting the Union law, and projects of international treaties and acts, constituting the Union law, as well as to the general information resources and information resources of the member states;
      6) creation and ensuring of functioning of general infrastructure of documentation of information in the electronic form.
      5. Within the integrates system shall be formed the general information resources, containing:
      1) the legislation and other regulatory legal acts of the member states, international treaties and acts, constituting the Union law;
      2) referenced information, formed by the centralized maintenance of database or on the basis of information interaction of the member states;
      3) registers, formed on the basis of information interaction of the member states and Commission;
      4) official statistical information;
      5) information and methodical, scientific, technical and other reference and analytical materials of the member states;
      6) other information, included to the composition of general information resources on the development of integrated system.
      6. Upon formation of integrated system, the member states shall proceed from the following principles:
      1) community of interests and mutual benefit;
      2) application of unified methodological approaches to preparation of information for the integrated system on the basis of common data model;
      3) accessibility, reliability and completeness of information;
      4) timeliness of provision information;
      5) correspondence to the level of foreign information technologies;
      6) integration with information systems of the member states;
      7) ensuring of equal access of the member states to the information resources, contained in the integrated system;
      8) use of provided information only for the purposes without prejudice to the member state, provided it;
      9) openness of integrated system for all categories of users in recognition of observation of requirements on the use of information in accordance with the stated purposes;
      10) implementation of information exchange between the authorized bodies, authorized bodies and Commission with the use of integrated system on a grant basis.
      7. Composition and content of references and classifiers, including in the composition of referenced information in accordance with Agreement and international treaties within the Union shall be determined by Commission in coordination with the authorized bodies.
      8. Upon formation of integrated system, the member states shall be governed by the international standards and recommendations.
      9. The electronic form of interaction between the authorized bodies, authorized bodies and Commission, as well as between Commission and integrated associations, international organizations shall be ensured for the purposes of formation of general information resources, ensuring of implementation of general processes within the Union and effective implementation of various types of the state control with the use of means of integrated system. The list of general processes within the Union, technology of implementation of general processes within the Union, procedure and regulation of direction and reception of messages (requests) in the process of interaction, requirements to the electronic type of documents (electronic documents) shall be determined by Commission in the manner established by Agreement.
      10. The list of information, presented in the process of interaction in the electronic form shall be determined by Agreement or international treaties within the Union.
      11. Commission shall have a right to determine the single, unified within the Union requirements to the electronic type of documents (electronic documents) for the specified types of interaction, to the procedure of direction and reception of messages (requests) in the process of interaction or recommend them for application for the purposes of creation of equal conditions for business entities and individuals by presentation of details to the authorized bodies, coordinated development of electronic forms of interaction between the authorized bodies, business entities and individuals.
      12. Upon electronic form of interaction with the use of electronic documents, as well as upon their processing in the information systems shall be complied with the following principles:
      1) if in accordance with the legislation of a member state requires that the document is formed in hard copy, the electronic document formed according to the rules and requirements of the documentation approved by the Council of Commission considered as corresponding to these rules and requirements;
      2) electronic document, formed according to the rules and requirements of documentation, approved by the Council of Commission shall be recognized as equal on a legal force to the same document in hard copy, certified by signature or signature and seal;
      3) a document may not be disable only on the grounds that it is made in the form of an electronic document;
      4) upon extracting of details from the electronic documents, as well as upon interchange of formats and structures for the purposes of their processing in the information systems shall be ensured their identity, to the same details, specified in the electronic document;
      5) in the cases provided by international treaties and acts, constituting the Union law, or the legislation of the member states with the use of accounting system may be ensured formation of paper copies of electronic documents.
      13. Development of cross-border space of trust shall be carried out by Commission and the member states in accordance with strategy and concept of the use upon interstate information interaction of legally operative electronic documents and services.
      14. General infrastructure of documentation of information in electronic form shall consist of the state components and integration component.
      15. The operator of integration component of general infrastructure of documentation of information in electronic form shall be the Commission.
      16. The operator of the state components of general infrastructure of documentation of information in electronic form shall be the authorized bodies or organizations, determined by them in accordance with the legislation of the member state.
      17. Integration component of general infrastructure of documentation of information in the electronic form shall represent a set of elements of cross-border space of trust, providing implementation of cross-border electronic document management on the basis of coordinated standards and infrastructure decisions.
      18. Requirements to creation, development and functioning of cross-border space of trust shall be developed by Commission in interaction with the authorized bodies and approved by Commission. Verification of components of general infrastructure of documentation of information in the electronic form on compliance with the specified requirements shall be carried out by commission, formed from the representatives of the member states and Commission. Provision on commission, including procedure of its formation and carrying out of activity shall be determined by the Council of Commission.
      19. Information exchange of electronic documents between the subjects of electronic interaction, using different mechanisms of protection of electronic documents shall be ensured with the use of services, provided by operators of general infrastructure of documentation of information in the electronic form, as well as services of a trusted third party.
      20. Services of trusted third party shall be provided by the member states and Commission. The operators of services of trusted third party of the member states shall be the authorized bodies or organizations determined (accredited) by them. The operator of services of trusted third party of Commission shall be Commission. The member states shall ensure the right of subjects of electronic interaction to use the services of trusted third party.
      21. The basic tasks of trusted third party shall be:
      1) implementation of legalization (authentication) of electronic documents and electronic digital signatures (electronic signatures) of subjects of information interaction at the fixed time;
      2) ensuring of guarantees of trust in the international (cross-border) exchange of electronic documents;
      3) ensuring the legality of application of electronic digital signatures (electronic signatures) in outgoing and (or) incoming electronic documents in accordance with the legislation of the member states and acts of Commission.
      22. Procedure of maintenance and use of information resources within the accounting system shall be determined by the legislation of the member states.
      23. The basic tasks of Commission in a part of ensuring of electronic form of interaction with the use of electronic documents shall be:
      1) ensuring the mutually acceptable level of protection of information in the integration segment of Commission for the member states;
      2) development of decisions for ensuring of protection of information in the accounting systems and general infrastructure of documentation of information in the electronic form, including the means of access of subjects of information interaction;
      3) determination of composition of components of general infrastructure of documentation of information in the electronic form on the basis of interstate standards of the member states, international standards and recommendations;
      4) coordination of development and testing of standard information and technological decisions and hardware-software complexes within the general infrastructure of documentation of information in the electronic form;
      5) coordination of development of rules of documentation of information in the electronic form, regulations of the work of separate components and services of general infrastructure of documentation of information in the electronic form, as well as recommendations on their application for the subjects of electronic interaction;
      6) preparation of recommendation for harmonization of the legislation of the member states upon the use of electronic documents in the process of information interaction within the Union, as well as for unification of the interfaces of information interaction between the accounting systems;
      7) coordination of interaction of the member states with third parties on the separate issues of formation of cross-border space of trust.
      24. The member states shall ensure protection of information, containing in the information resources, information systems, information and telecommunication networks of the authorized bodies in accordance with requirements of the legislation of the member states.
      25. Information exchange, referred by the legislation of the member states to the state secret (state secrets) or details of limited distribution (access) shall be carried out with observation of requirements of the legislation of the member states on their protection.
      26. Procedure of information exchange, containing details, relating in accordance with the legislation of the member states to the state secret (state secrets) or details of limited distribution (access) shall be established by the international treaties within the Union.
      27. Creation of integration system shall be coordinated by Commission which ensures its functioning and development in interaction with the customers of national segments of the member states in recognition of strategy of development of integration system, developed by Commission and approved by the Council of Commission. The works on creation, ensuring of functioning and development of integration system shall be carried out on the basis of plans (with specification of terms and cost of works on creation, ensuring of functioning and development of integration segment of Commission), developed by Commission in interaction with the authorized bodies and approved by the Council of Commission.
      28. Commission shall exercise the rights and execute the obligations of owner in relation of such components of integration system as integration segment of Commission, information resources and information systems of commission, as well as organize their planning, development, implementation, and receiving the results of works and further maintenance.
      29. Commission shall carry out the orders (purchases) of goods (works, services), assessment of competitive proposals, submitted upon carrying out of orders (purchases) of goods (works, services) and acquisition of property rights in relation of components of integration system, specified in paragraph 28 of this Minute.
      30. For the purposes of ensuring of unification of applied organizational and technical decisions upon creation, development and functioning of segments of integration system, support of appropriate level of protection of information of Commission shall coordinate development of projects of technical, technological, methodological and organizational documents and approve them.
      31. The member state shall determine the customer of national segment of the member state which exercises the rights and executes obligations on its creation, ensuring of functioning and development.
      32. The member states shall have equal rights of the use of integration system.
      33. Financing of the works on creation, development and ensuring of functioning of components of integration system, specified in paragraph 28 of this Minute shall be carried out at the expense of budget of the Union, upon that in relation of works on their creation and development – based on the volumes, necessary for implementation of plans, specified in paragraph 27 of this Minute.
      34. Financing of works on creation, development and ensuring of functioning of the state information resources and information systems of the authorized bodies, as well as national segments of the member states shall be carried out at the expense of budget of the member states, provided for ensuring of activity of the authorized bodies.

ANNEX No.4        
to the Agreement    
on Eurasian economic union

MINUTE
on procedure of formation and distribution of official
statistical information of the Eurasian economic union

      1. This Minute is developed in accordance with Article 24 of agreement on Eurasian economic union for the purposes of determination of procedure of formation and distribution of official statistical information Union.
      2. The concepts used in this Minute shall have the following meanings:
      “official statistical information of the member states” – statistical information, formed by the authorized bodies within the national programs of statistical works and (or) in accordance with the legislation of the member states;
      “official statistical information of the Union” – statistical information, formed by Commission on the basis of official statistical information of the member states, official statistical information of international organizations and other information from resources, not prohibited by the legislation of the member states;
      “authorized bodies” – the state bodies of the member states, including national (central) banks, on which the functions of formation of official statistical information of the member states are imposed.
      3. The authorized bodies shall carry out maintenance of statistics of mutual trade in goods with other member states for the purposes of provision of the member states and Commission with official statistical information on goods, transferred between the member states in the mutual trade.
      4. Maintenance of statistics of mutual trade in goods shall be carried out by the authorized bodies in accordance with methodology, approved by Commission.
      5. The authorized bodies shall provide the official statistical information of the member states to the Commission according to the list of statistical indicators.
      6. The list of statistical indicators, terms and formats of provision of official statistical information of the member states shall be approved by Commission in coordination with the authorized bodies.
      7. Commission shall have a right to request other official statistical information of the member states, not included to the list of statistical indicators, from the authorized bodies.
      8. Authorized bodies shall take measures on ensuring of completeness, reliability and timeliness of provision of official statistical information of the member states to the Commission, and inform the Commission on impossibility of provision of official statistical information in the established terms.
      9. Provisions of this Minute shall not be distributed on the official statistical information of the member states, referred to the state secret (state secrets) or details of limited distribution (access) in accordance with the legislation of the member states.
      10. Commission shall carry out collection, acquisition, systematization, analysis and distribution of official statistical information of the Union, provision of specified information at the requests of the authorized bodies, as well as coordination of information and methodological interaction of the authorized bodies in the scope of statistics within this Minute.
      11. Commission shall develop and approve the methodology of formation of official statistical information of the Union, made on the basis of official statistical information of the member states, provided to the Commission.
      12. Commission shall take measures, directed to ensuring of comparability of official statistical information of the member states, by adoption of relevant recommendations on application of unified standards, comparable on the international level by the authorized bodies, including classification and methodology.
      13. Distribution of official statistical information of the Union shall be carried out by Commission in accordance with the program of statistical works, approved by Commission, by publication in the official editions of commission and posting on the official website of the Union and Internet.
      14. Commission jointly with the authorized bodies shall develop and approve the programs of development of integration in the scope of statistics.

ANNEX No.5      
to the Agreement    
on Eurasian economic union

MINUTE
on procedure of crediting and distribution of amounts of
imported customs duties (other duties, taxes and charges
having equivalent action), transferring to the budget
of the member states.

I. General provisions

      1. This Minute is developed in accordance with Article 26 of Agreement on Eurasian economic union and shall determine procedure of crediting and distribution of amounts of imported customs duties between the member states, the obligation on payment of which in relation of goods, imported to the customs territory of the Union is arisen from the September 1, 2010.
      This Minute shall be also applied in relation of amounts of fines (percent), charged on the amounts of imported customs duties in the cases and procedure, provided in accordance with the international treaties and acts, constituting the Union law, regulating the customs legal relation.
      2. The concepts used in this Minute shall have the following meanings:
      “unified account of the authorized body” – an account opened to the authorized body in the national (central) bank or in the authorized body, having the correspondent account in the national (central) bank, for crediting and distribution of revenues between the budgets of this member state;
      “reporting day” – business day of the member state, in which the crediting of amounts of imported customs duties to the unified account of the authorized body is carried out;
      “late charges” – an amount subjected to transferring by the member state to other member states for violation of provisions of this Minute, which caused nonfulfillment, incomplete and (or) untimely execution of obligations of the member state on transferring of amounts from distribution of imported customs duties;
      “foreign currency account” – an account, opened to the authorized body of one member state in the national (central) bank in the currency of another member state for crediting by this other member state of revenues from distribution of imported customs duties;
      “present day” – the following day after reporting business day of the member state, in which the operation on distribution of amounts of imported customs duties for the reporting day is carried out;
      “authorized body” – the state body of the member state, carrying out cash servicing of the budget implementation of this member state.
      Other concepts used in this Minute shall be applied in the meanings, determined by Agreement on Eurasian economic union and Customs Code of Eurasian economic union.

II. Procedure of crediting and distribution of amounts of
imported customs duties between the member state

      3. The amounts of imported customs duties shall subject to crediting in the national currency on the unified account of the authorized body of the member state, in which they are payable in accordance with international treaties and acts, constituting the Union law, regulating the customs legal relations, as well as upon collection of imported customs duties.
      Imported customs duties shall be paid by payers on the unified account of the authorized body by separate calculated (payment) documents (instructions).
      Taxes and charges, as well as other payments (except for the special, antidumping and compensatory duties), subjected to payment in accordance with the legislation of the member state, received on the unified account of the authorized body may be counted in the account of payment of imported customs duties.
      The special, antidumping and compensatory duties may be counted in the account of debt service payment of payers on payment of imported customs duties in accordance with Provision on crediting and distribution of special, protective, antidumping and compensatory duties (the annex to the annex No.8 to the Agreement on Eurasian economic union).
      Return (credit) of amounts of imported customs duties shall be carried out in accordance with the legislation of the member states, unless otherwise established by international treaties and acts, constituting the Union law and regulating the customs legal relations, in recognition of provisions of this Minute.
      The amounts of imported customs duties may not be counted in the account of payment of other payments, except for the credit in the account of debt service payment of payers on payment of customs payments, special, antidumping and compensatory duties, as well as fines (percent) (hereinafter – credit in the account of debt service payment).
      4. Collection may not be recovered on the monetary assets, being in the unified account of the authorized body in the procedure of execution of judicial acts or by any other means, except for the cases of debt service payment of payers on payment of customs payments, special, antidumping and compensatory duties as well as fines (percent).
      5. Authorized bodies of the member states shall separately consider the following receipts:
      the amounts of revenues (returns, credit in the account of debt service payment) of imported customs duties on the unified account of the authorized body;
      the amounts of distributed imported customs duties, transferred on the foreign currency accounts of other member states;
      the amounts of incomes credited to the budget of the member states from distribution of amounts of imported customs duties by this member state;
      the amounts of imported customs duties, received to the budget of the member state from other member states;
      late charges, received to the budget of the member state, established by this Minute;
      the amounts of distributed imported customs duties, transfer of which on the foreign currency accounts of other member states is suspended.
      The specified amounts of receipts are separately recorded in the accounting on execution of budget of each of the member states.
      6. The amounts of imported customs duties, received on the unified account of the authorized body of the member state for the last business day of calendar year shall be recorded in the report on execution of budget of this member state for the reporting year.
      The amounts of distributed imported customs duties for the last business day of calendar year of the member state shall be transferred in the budget of this member state and on the foreign currency account of other member states no later than the second business day of current year of the member state, as well as recorded in the report on execution of budget for the reporting year.
      The amounts of incomes from distribution of imported customs duties, received in the budget of the member state from the authorized bodies of other member states for the last business day of calendar year of other member states shall be recorded in the report on execution of budget for the current year.
      7. Return of amounts of imported customs duties to the payer, their credit to the account of debt service payment shall be carried out from the unified account of authorized body in the current day within the amounts of imported customs duties, received to the unified account of authorized body, as well as credited to the account of payment of imported customs duties in the reporting day, in recognition of amounts of return of imported customs duties, not received by the national (central) bank to execution in the reporting day.
      Return of amounts of imported customs duties to the payer, their credit to the account of debt service payment shall be carried out from the unified account of authorized body of the Republic of Kazakhstan in the reporting day within the amounts of imported customs duties, received (counted) to the unified account of this authorized body in a day of carrying out of return (credit).
      8. Determination of amounts of imported customs duties, subjected to return and (or) credit to the account of debt service payment in the current day shall be carried out before distribution of amounts of received imported customs duties between the member states.
      9. In case of insufficiency of funds for carrying out of return of imported customs duties and (or) credit to the account of debt service payment in accordance with paragraph 7 of this Minute, the specified return (credit) shall be carried out by the member states in the following business days.
      Fines (percent) for the late return of amounts of imported customs duties to the payers shall be paid to the payer from the budget of this member state and shall not be included to the composition of imported customs duties.
      10. Distribution of amounts of imported customs duties by the authorized body of the member state between the member states shall be carried out on the following business day of the member state after reporting day, in which the amounts of imported customs duties are counted to the unified account of the authorized body.
      Distribution of amounts of imported customs duties of the authorized body of the Republic of Kazakhstan between the member states shall be carried out in the reporting day of credit of the amounts of imported customs duties to the unified account of the authorized body.
      11. Calculation of amounts of imported customs duties, subjected to transfer from the unified account of the authorized body of the member state to the budget of this member state, as well as to the foreign currency accounts of other member states shall be carried out by multiplying of general amount of imported customs duties, subjected to distribution between the member states for the standards of distribution, establishing in the percent.
      Upon that the general amount of imported customs duties, subjected to distribution between the member states shall be determined by subtraction from the amounts of imported customs duties, received (executed by the credit by the authorized body) in the reporting day in recognition of not received by the national (central) bank for execution of calculated (payment) documents (instructions) for the transfer of amounts of return of imported customs duties in the reporting day, the amounts of imported customs duties, subjected to return to the payers and credit to the account of debt service payment in the current day.
      In the case if the calculated (payment) document (instruction) for return of the amount of imported customs duty, subjected to execution in the current day to the payer is not received by the national (central) bank to execution, this amount shall subject to distribution between the member states in the following business day of the member state.
      Upon that the amount of imported customs duties, not transferred to the foreign currency accounts of other member states in accordance with this paragraph shall be recognized as overdue for one day.
      12. The standards of distribution of amounts of imported customs duties for each member state shall be established in the following amounts:
      The Republic of Armenia - 1.13%;
      The Republic of Belarus - 4.65%;
      The Republic of Kazakhstan - 7.25%;
      Russian Federation - 86.97%.
      Footnote. Paragraph 12 is in the wording, the Law of the Republic of Kazakhstan dated 24.12.2014 No. 265-V.
      13. Transfer of amounts of imported customs duties to the member states shall be carried out by the authorized bodies of the member states to the foreign currency accounts of other member states on the next business day of the member state following of the day of crediting to the unified account of the authorized body.
      Calculated (payment) document (instruction) for transfer of amounts of imported customs duties to the member states shall be directed by the authorized body in the national (central) bank for further transfer to the foreign currency accounts of other member states on a daily basis not later than 14 hours on a local time. The date for which the distribution of imported customs duties is carried out and the amounts subjected to distribution between the member states in the national currency shall be specified in the determined calculated (payment) document (instruction).
      In the case if the specified calculated (payment) document (instruction) is directed to the national (central) bank of the member state in the current day not later than 14 hours on a local time, the relevant payment shall be recognized as overdue for one day.
      14. Procedure of transfer of amounts of imported customs duties, received to the foreign currency accounts from the authorized bodies of the member states to the income of budget of the member state shall be regulated by section III of this Minute.
      15. Accounting of amounts of imported customs duties distributed and transferred to the budgets of the member states shall be carried out by the authorized bodies of the member states.
      16. An authorized body of the member state shall inform the authorized bodies of other member states on nonbusiness days established in accordance with the legislation of this member state not later than 10 calendar days before the start of the next calendar year.
      In the case of change of nonbusiness days, the authorized body of the member state, in which such changes occur shall inform the authorized bodies of other member states on specified changes not later than 2 calendar days before their entering into legal force.
      17. In the case of change of requisites of foreign currency account, on which the transfer of the amount of imported customs duties is subjected, the authorized body of the member state shall bring refined requisites of the account to the authorized bodies of other member states not later than 10 calendar days before the day of entering of specified changes into legal force.
      In the case of change of other details, necessary for implementation of this Minute, the authorized body shall bring information on such changes to the authorized bodies of other member states not later than 3 calendar days before the day of entering of specified changes into legal force.
      18. In the case of absence of amounts of imported customs duties, subjected to distribution between the member states, the authorized body of the member state shall direct the relevant information to the authorized bodies of other member states in the electronic form with the use of integrated information system of the Union, and before implementation of the specified system – on electronic communication channels in the form of graphic electronic copy of document, containing this information in the term, established by this Minute for direction of calculated (payment) document (instruction) to the national (central) bank for transfer of funds to the foreign currency accounts of other member states.
      19. Central customs bodies of the member states shall ensure application of unified principles of maintenance of record of imported customs duties on the method of charge in accordance with rules, approved by Commission.
      20. Upon non-transfer or incomplete transfer of funds to the foreign currency account of any member state in the terms established by this section and non-reception of information from the authorized body of this member state on absence of amounts of imported customs duties subjected to distribution, the authorized body of the member state, which has not received the funds to the foreign currency account shall inform the authorized bodies of the member states and Commission on non-transfer or incomplete transfer of funds.
      21. The member state, not transferred the amounts of distributed imported customs duties to other member states shall pay the percent for delay to these other member states on the entire amount of resulting debts on the rate in the amount of 0, 1 percent for each calendar day of delay, including the day, in which the amount from distribution of imported customs duties was not transferred to other (other) member state (member states).
      22. In the case of direction of information on absence of amounts of imported customs duties, subjected to distribution, by the member states, in the conditions of actual existence of specified amounts, as well as upon incomplete transfer of funds from the unified account of the authorized body to the foreign currency accounts of other member states, the member state committed such violation shall be obliged to transfer the amounts from distribution of imported customs duties, subjected to crediting to the budgets of other member states to other member states not later than the following business day of the member states in accordance with this section, based on the amount, which was not transferred to the foreign currency accounts of other member states.
      Upon that the member state committed such violation shall pay the percent for delay in the amount, established by paragraph 21 of this Minute for each calendar day of delay, which recognizes the period of time from the date, in which the violation is committed, not including the day, in which the transfer of funds to the member states is carried out in accordance with this paragraph.
      23. Upon non-reception (incomplete reception) of funds from any member state and absence of notification of the authorized body of this member state on the absence of amounts of imported customs duties, subjected to distribution between the member states, the authorized body of the member state, the funds of which is not received to the foreign currency account shall have a right to suspend the transfer of amounts of imported customs duties from their unified account to the foreign currency account of first member state on the third business day of the member state after the date of such non-reception (incomplete reception).
      24. In the case of adoption of decision by the member state on suspension of transfer of amounts of imported customs duties, the funds subjected to transfer to the foreign currency account of other member state shall subject to crediting to the income of budget of first member state before the revocation of decision on suspension of transfer and shall be separately considered in the budget of this member state.
      Authorized body of the member state, suspended the transfer of amounts of imported customs duties to the foreign currency account of other member state shall immediately inform the authorized bodies of other member states and Commission on adopted decision.
      25. Commission shall conduct consultations with executive bodies of the member states not later than a business day, following of the day of adoption of decision on suspension of transfer of amounts of imported customs duties for the purposes of early renewal of functioning of mechanism of distribution of amounts of imported customs duties in the full amount.
      26. In the case if decision on renewal of functioning of mechanism of distribution of amounts of imported customs duties is not adopted by the results of consultations, specified in paragraph 25 of this Minute, this issue shall be presented for consideration of Commission.
      In the case of impossibility of adoption of decision by Commission on renewal of functioning of mechanism of distribution of amounts of imported customs duties, this issue shall be presented for consideration of Intergovernmental council.
      27. Upon renewal of transfer of amounts of imported customs duties, the amounts specified in paragraph 24 of this Minute shall subject to transfer to the foreign currency account of those member states, to which they are intended in accordance with this Minute, not later than business day of the member state, following of the day of reception of notification on adopted decision, upon that the percent for delay is not charged for the specified amount.
      28. The amounts of distributed imported customs duties, not transferred by any member state to the foreign currency accounts of other member states, as well as the amounts of obligations on transfer of funds in USA dollars, provided by section III of this Minute, not executed by the national (central) banks of the member states shall be referred to the state debt.

III. Procedure of transfer of amounts of imported customs
duties, received from the authorized bodies of the
member states on the foreign currency accounts,
to the income of budget of the member state

      29. National (central) bank of one (first) member state shall be obliged to sell the funds in USA dollars for the amount of national currency of first member state equal to the amount of national currency of first member state, transferred in accordance with this Minute, to the national (central) bank of another (second) member state to the foreign currency account of the authorized body of second member state. Sold amount of USA dollars shall be determined on official exchange rate of national currency of first member state to the USA dollars, established by the national (central) bank of first member state on the business day, following of the day of transfer of funds in the national currency of first member state to the foreign currency account of second member state.
      The obligation to sell funds in the USA dollars shall be executed by the national (central) bank of first member state not later than the following business day after the date of transfer of equivalent amount of national currency of first member state to the foreign currency account of second member state.
      Upon that the obligation to sell the funds in the USA dollars shall be executed by the national (central) bank of each member state regardless of implementation of similar rights and execution of obligations in relation between other member states.
      National (central) banks of two member states may establish in the separate agreement, that execution of cross obligations on transfer of funds in the USA dollars, as well as obligations, not executed in the term established in the second item of this paragraph, and obligation on payment of fines in accordance with paragraph 31 of this Minute shall be carried out by transfer the funds in the USA dollars by the national (central) bank, the value of obligation in the USA dollars of which exceeds the value of cross obligation in the USA dollars of another national (central) bank, to another national (central) bank in the amount equal to the difference between the values of specified cross obligations.
      Satisfaction of requirements on monetary obligations in the USA dollars, specified in this paragraph shall be carried out in the following order:
      firstly the requirements on payment of fines in accordance with paragraph 31 of this Minute are satisfied;
      on a second-priority basis the requirements on obligation, the term of execution of which is occurred and which are not overdue are satisfied;
      on a third-priority basis the requirements on obligations, not executed in the term, established in the second item of this paragraph are satisfied.
      On the obligation of national (central) bank of first member state, specified in this paragraph, to sell the funds in the USA dollars to the national (central) bank of second member state, the first member state shall bear responsibility solidary with national (central) bank of first member state before second member state.
      30. For the purposes of conducting of further mutual exchanges between the first member state and second member state in the case of non-performance or improper performance of obligation of national (central) bank of first member state specified in paragraph 29 of this Minute, to sell the funds in the USA dollars to the national (central) bank of second member state, the requirements to the national (central) bank of first member state shall be fixed in the USA dollars on official exchange rate, established by the national (central) bank of first member state on the business day, following of the day of transfer of funds in the national currency of first member state to the foreign currency account of the member state.
      31. For non-performance or improper performance of obligation of national (central) bank of first member state, specified in paragraph 29 of this Minute, to sell the funds in the USA dollars to the national (central) bank of second member state, the national (central) bank of first member state or first member state shall pay the fines, the amount of which is calculated on the following formula:
      
      where:
      The amount USD – the amount ( in the USA dollars), subjected to transfer by the national (central) bank of first member state to the national (central) bank of second member state;
      LIBORUSD,o/n – established British Bankers Association, BBA for the day, in which non-performance or improper performance of obligation is begun, daily rate LIBOR for the USA dollars (per cent per annum);
      Days – the amount of calendar days, calculated from the date of non-performance or improper performance of obligation (inclusively) until the date of proper performance of obligation (excluding the date of proper performance of obligation).
      32. In the case of non-performance or improper performance of obligation, specified in paragraph 29 of this Minute by the first member state, the national (central) bank of second member state, in relation of which non-performance or improper performance of obligation is occurred shall have a right to transfer the requirement on non-performance or improper performance of obligation, including requirement on payment of fines in accordance with paragraph 31 of this Minute to the second member state on a remuneration basis without the consent and preliminary notification of first member state and national (central) bank of first member state.
      33. National (central) bank of the member state shall not bear responsibility before the government or authorized body of the member state for non-performance of improper performance of obligations by other member state, as well as for non-performance or improper performance of obligation by the national (central) bank of another member state.
      34. Charges and losses, arising at the national (central) bank of first member state in connection with implementation of calculations by them, provided by this section, as well as charges and losses, arising due to the change of foreign exchange rates, non-performance or improper performance of obligations by other member states and national (central) banks of other member states shall not subject to compensation by other member states. Conditions and procedure of compensation of specified charges and losses to the national (central) bank of first member state shall be established by the first member state.
      35. For the purposes of this section the business day, in which the calculations between two member states (as well as calculations between the national (central) banks of two member states) is carried out shall be the day, which is also a business day for these two member states and for the United States of America.
      36. To the correspondent account of national (central) bank of one (first) member state, opened in the national (central) bank of another (second) member state for implementation of calculations in accordance with this Minute, as well as to the funds, being in the this correspondent account, the judicial and other authorities of second member state may not apply arrest, blocking, other secured, prohibitive or restrictive measures, that making impossible to use the funds in this correspondent account.
      37. Debiting of funds being in the correspondent account of national (central) bank of one (first) member state, opened in the national (central) bank of another (second) member state for implementation of calculations in accordance with this Minute, state shall not be allowed without the consent of national (central) bank of first member, unless otherwise established by conditions of agreement of correspondent account.
      38. If the obligation, specified in paragraph 29 of this Minute, to sell the funds in the USA dollars is not completely or partially performed by the national (central) bank of first member state during 30 calendar days, the national (central) bank of second member state shall have a right to use the funds in the national currency of first member state, being in the correspondent account of national (central) bank of second member state, opened in the national (central) bank of first member state, intended for implementation of calculations in accordance with this Minute without restrictions until the full performance of specified obligation by the national (central) bank of first member state.
      39. National (central) bank of one (first) member state shall implement the rights and execute obligations, provided by agreements, concluded by it with national (central) bank of another (second) member state on a grant basis in execution of this Minute and in accordance with it.

IV. Procedure of information exchange between the
authorized bodies of the member states.

      40. An authorized body of the member state shall daily direct to the authorized bodies of other member states the following information for the reporting day not later than 16 hours on local time (for the Republic of Armenia - in Yerevan time, for the Republic of Belarus - Minsk time, for the Republic of Kazakhstan - Astana time, for the Russian Federation - Moscow time) of current day:
      1) the amount of imported customs duties, credited to the unified account of the authorized body of the member state;
      2) the amounts of credit to the account of payment of imported customs duties, executed by the authorized body in the reporting day;
      3) the amounts of imported customs duties, counted in the reporting day to the account of debt service payment and separately the amounts of imported customs duties, counted in the current day in the account of debt service payment;
      4) the amounts of imported customs duties, returned in the reporting day, and separately the amounts of imported customs duties, subjected to return in the current day;
      5) the amounts of return of imported customs duties, not accepted by the national (central) bank for execution in the reporting day;
      6) the amounts of imported customs duties, subjected to distribution between the member states;
      7) the amounts of distributed imported customs duties, transferred to the foreign currency accounts of other member states;
      8) the amount of receipts of incomes from distribution of imported customs duties, transferred from the unified account of the authorized body of this member state in the budget of the member state;
      9) the amounts of receipts of incomes from distribution of imported customs duties, received to the foreign currency accounts of the authorized body to the budget of the member state;
      10) the amounts of distributed imported customs duties, the transfer of which to the foreign currency accounts of other member states is suspended;
      11) the amount of percent for the delay, received to the member state from other member states upon violation of performance of requirements, provided by this Minute.
      Footnote. Paragraph 40 as amended by the Law of the Republic of Kazakhstan dated 24.12.2014 No. 265-V.
      41. An authorized body of the member state shall direct information, established by paragraph 40 of this Minute on a cumulative total from the beginning of the calendar year in the electronic form with the use of integrated information system of the Union to the authorized bodies of other member states, as well as to the Commission on a monthly basis, on the fifth business day of the month following the reporting, and before implementation of the specified system – on electronic communication channels in the form of graphic electronic copy of document, containing this information.
      42. The form of provision of information, provided by paragraphs 40 and 41 of this Minute shall be considered by the authorized bodies and approved by Commission.
      43. Operational verification of data, received in accordance with paragraphs 40 and 41 of this Minute shall be carried out by the authorized bodies of the member states.
      In the case of establishment of divergences shall be formed the minute, and the measures on regulation of divergences are accepted by the member states.
      44. Information directed to the authorized bodies of one member state to the authorized bodies of other member states and to the Commission shall be signed by the head of this authorized body or person authorized by him (her) in accordance with paragraphs 40 and 41 of this Minute.

V. Procedure of information exchange, related with payment
of imported customs duties

      45. Central customs bodies of the member states shall present information, related with payment of imported customs duties, not referring to the details, constituting the state secret (state secrets) to each other, as well as to the Commission in the electronic form on a regular basis.
      46. Information, related with payment of imported customs duties shall be formed from the following existing sources:
      1) database of electronic copies of declarations for goods, formed by the customs bodies of the member states;
      2) database of electronic copies of customs deposit receipts, formed by the customs bodies of the member states, if the customs deposit receipt is applied by the member state for reflection of payment of imported customs duties;
      3) database of personal accounts, registers and other documents, containing details on amounts of imported customs duties actually paid and transferred to the incomes of budgets of the member states and formed by the customs bodies of the member states in accordance with the unified principles of maintenance of record of imported customs duties on the method of charge in accordance with rules, approved by Commission.
      47. Information specified in paragraph 46 of this Minute shall not include details on import of goods and payment of customs receipts by individuals, transporting the goods for the personal use.
      48. Information related with payment of imported customs duties (unit of measurement – the USA dollars, the average monthly exchange rate of the USA dollars to the national currency of national (central) bank of the member state for the reporting month is applied for recalculation of amounts in the national currency to the USA dollars) shall be presented on a grant basis in Russian language (the use of Latin alphabet is allowed on the separate positions) and include the following details for the reporting period:
      1) the amount of carry-overs of imported customs duties at the beginning and end of the reporting period;
      2) documentary recorded amounts of imported customs duties in the formalized customs documents on their payment (collection);
      3) the amounts of imported customs duties, credited to the account of debt service payment;
      4) the amounts of imported customs duties, returned by payers;
      5) the amounts of provided deferrals and instalments of payment of imported customs duties;
      6) other details, related with payment of imported customs duties.
      49. Technological regulations of information exchange, related with payment of imported customs duties shall be developed and approved by Commission.
      The structure and format of information, procedure, terms and methods of exchange them, specified in paragraph 48 of this Minute shall be determined in the specified technological regulations.
      50. Information exchange in the electronic form between the central customs bodies of the member states, as well as its presentation to the Commission shall be carried out after ensuring of technical readiness of these customs bodies and Commission, on that they notify each other. After introduction of integrated information system of the Union into effect, the information exchange between the central customs bodies of the member states and presentation it to the Commission shall be carried out in the electronic form with the use of specified system.
      51. The central customs bodies of the member states shall present information, specified in paragraph 48 of this Minute to each other, as well as to the Commission on the form, approved by Commission not later than the last day of the month, following the reporting before approval of technological regulations of information exchange, related with payment of imported custom duties.
      52. Central customs bodies of the member states, as well as Commission shall take the necessary measures on protection from illegal distribution of information, received in accordance with this section.
      The central customs bodies of the member states shall provide the limited number of persons, having an access to the specified information, as well as its protection in accordance with the legislation of the member states.
Commission shall use information, received in accordance with this section for the purposes of implementation of paragraph 54 of this Minute.

VI. Monitoring and control

      53. Chamber of Control of the Republic of Armenia, Committee of the state control of the Republic of Belarus, Accounts Committee on control for execution of the republican budget of the Republic of Kazakhstan, Audit Chamber of the Russian Federation within the joint control measures shall annually verify observation of provisions of this Minute by the authorized bodies of the member states.
      Footnote. Paragraph 53 as amended by the Law of the Republic of Kazakhstan dated 24.12.2014 No. 265-V.
      54. Commission shall annually present a report on crediting and distribution of amounts of imported customs duties to the Intergovernmental council.
      55. The special committee may be created according to the decision of Commission from the employees of authorized, customs and other state bodies of the member states, as well as invited specialists for control (audit) of observation of procedure of crediting and distribution of received amounts of the imported customs duties by the member states.

ANNEX No.6      
to the Agreement   
on Eurasian economic union

MINUTE
on the unified customs tariff regulation

I. General provision

      1. This Minute is developed in accordance with section IX of Agreement on Eurasian economic union and determine the principles and procedure of application of measures of customs tariff regulation in the customs territory of the Union.
      2. The concepts used in this Minute shall have the following meanings:
      “similar goods” – goods which in its functional purpose, application, quality and technical characteristics fully identical to the goods, imported to the customs territory of the Union within the tariff quota, or (in the absence of such fully identical goods) goods, which have the characteristics, close to the characteristics of goods imported to the customs territory of the Union within the tariff quota, allowing to use it on a functional purpose, similar to the goods, imported to the customs territory of the Union within the tariff quota and may be replaced by them in the commercial relation;
      “substantial suppliers from third countries” – suppliers of goods, having a share in the import of goods to the customs territory of the Union of 10 percent and more;
      “the amount of the tariff quota” – the quantity of goods in the natural or value terms, allocated for the import within the tariff quota;
      “proceeding period” – period, in relation of which the analysis of volumes of consumption of goods in the customs territory of the Union and volumes of production of similar goods in the customs territory of the Union is conducted;
      “the real volume of import” – the volume of import in the conditions of absence of its restrictions;
      “agricultural goods” – goods, classified in the groups 1-24 ТН ВЭД EEU, as well as such goods, as mannite, D – glucitol (sorbite), essential oil, casein, albumin, gelatin, dextrin, modified starch, sorbite, hides, leather, down and fur raw materials, raw silk, silk waste, animal dander, raw cotton, cotton waste, cotton carding fiber, raw flax and raw hemp;
      “tariff quota” – measure of regulation of import to the customs territory of the Union of separate types of agricultural goods, originated from third countries, providing application of differentiated rates of imported customs duties ETT EEU in relation of goods, imported within the established amount (in the natural or value terms) during certain period and over this quantity.

II. Tariff preferences

      3. Tariff preferences in the form of exemption from payment of imported customs duties shall be provided in relation of imported (imported) to the customs territory of the Union from the third countries:
      1) goods as the contribution of foreign founder in the charter (reserve) capital (fund) within the terms, established by the constitutive documents for formation of this capital (fund). Procedure of application of tariff preferences in relation of such goods shall be established by Commission;
      2) goods, imported within the international cooperation in the field of research and use of space environment, as well as rendering of services on start of spacecraft, in accordance with the list, approved by Commission;
      3) products of offshore operation of vessels of the member state, as well as vessels, rented (chartered) by legal entities and (or) individuals of the member states;
      4) currency of the member states, currency of third countries (except for those used for numismatic purpose), as well as securities in accordance with the legislation of the member states;
      5) goods imported as humanitarian aid and (or) for the purposes of relieving the consequences of natural disasters, accidents or catastrophes;
      6) goods, except for excisable (except for the auto cars, specially intended for medical purposes), imported through the third countries, international organizations, governments for the charitable purposes and (or) recognized in accordance with the legislation of the member states as grant aid (assistance), as well as technical aid (assistance).
      4. Tariff preferences in relation of goods, imported (imported) to the customs territory of the Union from third countries may be provided in other cases, established by Agreement on Eurasian economic union, international treaties of the Union with third party, acts of Commission.

III. Conditions and mechanism of application of tariff quotas

      5. The volume of tariff quota in relation of separate type of agricultural goods, originated from the third countries and imported to the customs territory of the Union shall be established by Commission and may not exceed the difference between the volume of consumption of such goods in the customs territory of the Union and volume of production of similar goods in the customs territory of the Union.
      Upon that for one member state the volume of production of similar goods is equal to the volume of consumption of such goods or exceeds it, such difference may not be taken into consideration upon calculation of volume of tariff quota for the customs territory of the Union.
      6. If the volume of production of similar goods in the customs territory of the Union is equal to the volume of consumption of such goods in the customs territory of the Union or exceeds it, establishment of tariff quota shall not be allowed.
      7. The following conditions shall be observed upon making decision on establishment of tariff quota:
      1) establishment of tariff quota for a certain period (irrespective of results of consideration of issue on distribution of volume of tariff quota between the third countries);
      2) informing all interested third countries on volume of tariff quota, allocated by it (in the case of making decision on distribution of volume of tariff quota between the third countries;
      3) publication of information on establishment of tariff quota, its term of validity and volume, as well as on volume of tariff quota, allocated to the third countries (in the case of making decision on distribution of volume of tariff quota between the third countries), as well as on rates of imported customs duties, applied in relation of goods, imported within the volume of tariff quota.
      8. Distribution of volume of tariff quota between the participants of foreign trade activity of the member state shall be based on their equality in relation of reception of tariff quota and discrimination on the signs of form of ownership, place of registration or market position.
      9. The volume of tariff quota shall be distributed between the member states within the difference between the volumes of consumption and production in every member state, which are taken into consideration upon calculation of the volume of tariff quota for the customs territory of the Union in accordance with paragraphs 5 and 6 of this Minute.
      Upon that for the member state, being a member of World trade organization, the volume of tariff quota may be established based on the obligations of such member state before the World trade organization.
      10. Distribution of volume of tariff quota between the third countries shall be carried out by Commission or in accordance with decision of Commission – member state on the basis of results of consultations with all significant suppliers from the third countries, unless otherwise established by international treaties within the Union, international treaties of the Union with third party or decision of Superior council.
      Upon impossibility of distribution of volume of tariff quota on the results of consultations with all significant suppliers from the third countries, decision on distribution of volume of tariff quota between the third countries shall be made in recognition of volume of supplies of goods from these countries during the preceding period.
      As the previous period, as a rule shall accept any of the preceding three years, in relation of which the information reflecting the real volumes of import is available.
      If it is impossible to choose such preceding period, the volume of tariff quota shall be distributed on the basis of assessment of most likely distribution of real volume of import.
      11. Upon supplies of goods during the term of validity of tariff quota, the conditions and (or) formalities, preventing to any third country to fully use allocated volume of tariff quota shall not be established.
      12. At the request of third country, interests in the supply of goods, Commission shall conduct consultations on issues:
      1) necessity of redistribution of allocated volume of tariff quota;
      2) change of elected preceding period;
      3) necessity of cancellation of conditions, formalities or any other provisions, established according to the unilateral procedure in relation of distributed volume of tariff quota or its unlimited use.
      13. In connection with establishment of tariff quotas, the Commission:
      1) at the request of third country, interested in supply of goods shall provide information, concerning the method and procedure of distribution of volume of tariff quota between participants of foreign trade activity, as well as volume of tariff quota, in relation of which the licenses are issued;
      2) publish information on total number or cost of goods, intended for supply within the allocated volume of tariff quota, on dates of beginning and end of the term of validity of tariff quota and their any changes.
      14. Commission shall not have a right to require using the licenses for the import of goods from any determined third country, except for the cases of distribution of volume of tariff quota between the third countries.

ANNEX No.7       
to Agreement      
on Eurasian economic union

MINUTE
on measures of non-tariff regulation in relation
of third countries

I. General provisions

      1. This Minute is developed in accordance with section IX of Agreement on Eurasian economic union and determines procedure and the case of application of measures of non-tariff regulation in relation of third countries by the Union.
      Validity of this Minute shall not be distributed to the relation, concerning the issues of technical regulation, application of sanitary, veterinary and phytosanitary requirements, measures in the field of export control and military-technical cooperation.
      2. The concepts used in this Minute shall have the following meanings:
      “automatic licensing (observation)” – a temporary measure, established for the purposes of monitoring of behavior of export and (or) import of separate types of goods;
      “general license” – a license, providing to participant of foreign trade activity the right to export and (or) import of separate type of licensing goods in the number determined by license;
      “prohibition” – a measure, prohibiting import and (or) export of separate types of goods;
      “import” – import of goods to the customs territory of the Union from third countries without obligation on re-export;
      “exclusive license” – a license, providing to participant of foreign trade activity the exclusive right to export and (or) import of separate type of goods;
      “exclusive right” – a right to implementation of export and (or) import of separate types of goods by participants of foreign trade activity, and provided on the basis of exclusive license;
      “quantitative restrictions” – measures on quantitative restriction of foreign trade of goods, which are introduced by establishment of quotas;
      “licensing” – a set of administrative measures, establishing procedure of issuance of licenses and (or) permissions;
      “license” – special document to the right of implementation of export and (or) import of goods;
      “individual license” – a license, issued to participant of foreign trade activity on the basis of foreign trade transaction, the subject of which is the licensed goods and providing a right to export and (or) import of these goods in a certain amount;
      “permission” – special document, issued to participant of foreign trade activity on the basis of foreign trade transaction, the subject of which is the goods, in relation of which the automatic licensing (observation) is established;
      “permit” – a document, issued to participant of foreign trade activity or individual for the right to import and (or) export of goods in the cases, determined by the act of Commission;
      “authorized body” – a body of executive body of the member state, vested with the right to issue licenses and (or) permissions;
      “participants of foreign trade activity” – individuals and organizations, not being legal entities, registered in one of the member states and created in accordance with the legislation of this state, individuals, having permanent or preferential residence in the territory of one of the member states, being the citizens of this state, or having the right of permanent residence in it, or registered as individual entrepreneurs in accordance with the legislation of this state;
      “export” – export of goods from the customs territory of the Union to the territory of third countries without the obligation on re-export.

II. Introduction and application of measures of
non-tariff regulation

      3. The unified measures of non-tariff regulation (hereinafter – measures) shall be applied in the trade with third countries in the territory of the Union.
      4. Decision on introduction, application, extension and cancellation of measures shall be adopted by the Commission.
      The goods in relation of which the decision on application of measures is adopted shall be included to the unified list of goods, to which the measures of non-tariff regulation in the trade with third countries (hereinafter – the unified list of goods) are applied.
      The unified list of goods shall also include the goods, in relation of which the decision on establishment of tariff quota or import quota as special protective measure and on issuance of licenses is adopted by the Commission.
      5. The proposal on introduction or cancellation of measures may be represented as by the member state as by the Commission.
      6. Upon preparation of decision of Commission on introduction, application, extension or cancellation of measures, the Commission shall inform participants of foreign trade activity of the member states, the economic interests of which may be affected by adoption of such decision, on possibility to present proposals and remarks on this issue and on conducting of consultations to the Commission.
      7. Commission shall determine the method and form of conducting of consultations, as well as method and form of bringing of information on the course of conducting and results of consultations to the notice of interested persons, presenting their proposals and remarks.
      Non-conducting of consultations may not be the ground for recognition of decision of Commission, affecting the right of carrying out of foreign trade activity as invalid.
      8. Commission may adopt decision not to conduct consultations in the existence of any of the following conditions:
      1) on measures provided by project of decision of Commission, affecting the right of carrying out of foreign trade activity shall not be known until the date of entering it into legal force, in connection with which conducting of consultations will result or may result in failure to achieve the purposes, provided by this decision;
      2) conducting of consultations will result a delay in adoption decision of Commission, affecting the right of carrying out of foreign trade of activity that may cause substantial damage to the interests of the member states;
      3) provision of exclusive right is provided by the project of decision of Commission, affecting the right of implementation of foreign trade activity.
      9. Procedure of making suggestions on introduction or cancellation of measures shall be determined by Commission.
      10. Decision of Commission on introduction of measures may determine the customs procedures, upon placement of which the observation of measures are controlled by the customs bodies, as well as the customs procedures, placement of which the goods, in relation of which the measure is introduced shall not be allowed.

III. Prohibitions and quantitative restrictions of
export and import of goods

      11. Export and import of goods shall be carried out without application of prohibitions and quantitative restrictions, except for the cases, provided by paragraph 12 of this Minute.
      12. In the exceptional cases may be established:
      1) temporary prohibitions or temporary quantitative restrictions of export for prevention or reduction of critical shortage in the domestic market of food or other goods, being essential for domestic market of the Union;
      2) prohibitions or quantitative restrictions of export and import, necessary in connection with application of standards or rules of classification, sorting and sale of goods in international trade;
      3) restrictions of import of aquatic biological resources uponzimportation in any form, if it is necessary:
      restrict production or sale of similar goods, originated from the territory of the Union;
      restrict production or sale of goods, originated from the territory of the Union which may be directly substituted by the imported goods, in the case if the Union does not have significant production of similar goods;
      remove from the market a temporary surplus of the similar goods, originated from the territory of the Union by provision of this surplus to some groups of consumers for free or at below market prices;
      remove from the market a temporary surplus of goods, originated from the territory of the Union, which may be directly substituted by the imported goods, if the Union does not have significant production of similar goods by provision of this surplus to some groups of consumers for free or at below market prices.
      13. Upon introduction by Commission of quantitative restrictions to the territory of the Union shall be applied the export and (or) import quotas.
      Quantitative restrictions shall be applied:
      upon export – only in relation of goods, originated from the territory of the member states;
      upon import – only in relation of goods, originated from third countries.
      Quantitative restrictions shall not be allowed in relation of import of goods from the territory of any third country or export of goods, intended for the territory of any third country, if such quantitative restrictions are not applied in relation of import from all third countries or export to all third countries. Such provision shall not prevent to observation of obligations of the member states in accordance with international treaties.
      14. Prohibitions or quantitative restrictions of export may be introduced only in relation of goods, included to the list of goods, which are essential for the domestic market of the Union and in relation of which in the exceptional cases may be introduced the temporary prohibitions or quantitative restrictions of export, approved by Commission on the basis of suggestions of the member states.
      15. Upon introduction of prohibition or quantitative restriction of export of agricultural goods, being essential for the domestic market of the Union in accordance with subparagraph 1 of paragraph 12 of this minute, the Commission shall:
      consider consequences of prohibition or quantitative restriction for the food security of third countries, imported such agricultural goods from the territory of the Union;
      preliminary inform the Committee on agriculture of the World trade organization on nature and duration of application of prohibition or quantitative restriction of export;
      organize consultations or present all necessary information on issues, relating to the considered measure at the request of any imported country.
      In this paragraph under importing country shall be regarded as the country, in the import of which is the share of agricultural goods originated from the territory of the member states, in relation of export of which is planned to introduce a prohibition or quantitative restriction shall consist not less than 5 percent.
      16. Commission shall distribute the volumes of export and (or) import of quotas between the member states and determine the method of distribution of shares of export and (or) import of quotas among participants of foreign trade activity of the member states, as well as upon necessity shall distribute the volumes of quota between the third countries.
      Distribution of volumes of export and (or) import quotas between the member states shall be carried out by Commission depending on the tasks, which are supposed to solve by introduction of quantitative restrictions, in recognition of suggestions of the member states and based on the volumes of production and (or) consumption of goods in each of the member states.
      17. Commission upon adoption of decision on application of export and (or) import quotas shall:
      1) establish the export and (or) import quotas for a definite period (regardless of whether they are distributed between third countries);
      2) inform all interested third countries on volume of import quota allocated to them (in the case if the import quota is distributed between the third countries);
      3) publish information on application of export and (or) import quotas, their volumes and terms of validity, as well as distribution of import quota between the third countries.
      18. Distribution of import quotas between third countries shall be carried out, as a rule, by the Commission according to the results of consultations with all substantial suppliers from third countries.
      Upon that under the significant suppliers from third countries shall be regarded as suppliers with a share of 5 percent or more in the import of goods in the territory of the Union.
      19. In the case if distribution of import quotas is not be carried out on the basis of results of consultations with all significant suppliers from third countries, decision of Commission on distribution of quotas between third countries shall be adopted in recognition of volume of supplies of goods from these countries during preceding period.
      20. Commission shall not establish any conditions or formalities, which may prevent to any third country to fully use the import quota allocated to it, upon condition that supply of relevant goods will be executed during validity of import quota.
      21. Selection of the preceding period for determination of volume of supplies of goods, in relation of which the export and (or) import quota is introduced shall be carried out by Commission. Upon that, as a rule, any of the previous 3 years shall be accepted for this period, in relation of which information, reflecting the real volumes of export and (or) import is available. In the absence of possibility to choose the preceding period, the export (and ) or) import quotas are distributed on the basis of assessment of the most probable distribution of real volumes of export and (or) import.
      In this paragraph under the real volumes of export and (or) import shall be regarded as the volumes of export and (or) import in the conditions of absence of their restrictions.
      22. At the request of any third country, interested in the supply of goods, the Commission shall conduct consultations with this country concerning:
      1) necessity of redistribution of established import quota;
      2) change of selected preceding period;
      3) necessity of termination of conditions, formalities or any other provisions, established in accordance with unilateral procedure in relation of distribution of import quota or its unlimited use.
      23. Distribution of share of export and (or) import quotas among participants of foreign trade activity shall be carried out by the member states on the basis of method, determined by Commission and based on equality of participants of foreign trade activity in relation of reception of share of export and (or) import quotas and on nondiscrimination on the grounds of form of ownership, place of registration and market position.
      24. Except for the cases of distribution of import quota between the third countries shall not be allowed to demand that the license is used for the export and (or) import of relevant goods to any particular country and (or) from any particular country.
      25. In connection with application of export and (or) import quotas, the Commission shall:
      1) provide information, concerning procedure of distribution of export and (or) import of quotas, mechanism of foreign trade activity and volumes of quotas, on which the licenses are issued, at the request of third country, interested in trade of certain type of goods;
      2) publish information on total number or cost of goods, export and (or) import of which will be permitted within a certain time in the future, as well as on dates of commencement and termination of validity of export and (or) import quotas and any changes.

IV. Exclusive right

      26. Carrying out of foreign trade activity may be restricted by provision of exclusive right.
      27. The goods, the exclusive right of which is provided for export and (or) import, as well as procedure of determination by the member states of participants of foreign trade activity, to which such exclusive right is provided shall be determined by Commission.
      The list of participants of foreign trade activity, to which the exclusive right is provided by the member states on the basis of act of Commission shall subject to publication on the official website of the Union in the Internet.
      28. Decision on introduction of restriction on carrying out of foreign trade activity by provision of exclusive right shall be adopted by Commission by suggestion of the member state.
      The ground of necessity of introduction of exclusive right shall contain financial and economic calculations and other information, approving feasibility of application of this measure.
      29. Participants of foreign trade activity, the exclusive right of which is provided by the member state on the basis of decision of Commission shall make transactions on export and (or) import of relevant goods, based on the principle of nondiscrimination and governed only by the business considerations, including conditions of purchase or sale and provide an adequate opportunity to the organizations of third countries (in accordance with standard business practice) to compete in relation of participation in such purchases or sales.
      30. Export and (or) import of goods, in relation of which the exclusive right is provided to the participants of foreign trade activity shall be carried out on the basis of exclusive licenses, issued by the authorized body.

V. Automatic licensing
(observation)

      31. For the purposes of monitoring of behavior of export and (or) import of separate types of goods, the Commission shall have a right to introduce the automatic licensing (observation).
      32. Introduction of automatic licensing (observation) shall be carried out at the initiative of both the member state, and the Commission.
      The ground of necessity of introduction of automatic licensing (observation) shall contain information on impossibility of tracking of quantitative indicators of export and (or) import of separate types of goods and their changes by other methods.
      33. The list of separate types of goods, in relation of which the automatic licensing (observation) is introduced, as well as the terms of such automatic licensing (observation) shall be established by Commission.
      The goods in relation of which the automatic licensing (observation) is introduced shall be included to the unified list of goods.
      34. Export and (or) import of goods, in relation of which the automatic licensing (observation) is introduced shall be carried out in the existence of permissions, issued by the authorized body in the manner determined by Commission.
      35. Issuance of permissions for export and (or) import of goods, included to the unified list of goods shall be carried out in accordance with rules according to the annex.

VI. Authorization procedure

      36. Authorization procedure of import and (or) export of goods shall be implemented by introduction of licensing or application of other administrative measures of regulation of foreign trade activity.
      37. Decision on introduction, application and cancellation of authorization procedure shall be adopted by Commission.

VII. General exceptions

      38. Upon import and (or) export of separate types of good may be introduced the measures, as well as on the grounds other than those specified in sections III and IV of this Minute, if these measures are:
      1) necessary for observation of public morality or legal order;
      2) necessary to protect human life and health, the environment, animals and plants;
      3) referred to export and (or) import of gold or silver;
      4) applied for protection of cultural values and cultural heritage;
      5) necessary for prevention of depletion of irreplaceable natural resources and conducted simultaneously with restriction of internal production or consumption, related with the use of irreplaceable natural resources;
      6) related with restriction of export of goods, originated from the territory of the member states for provision of domestic manufacturing industry with sufficient number of such goods during the period, when the domestic price of such goods is kept at a lower level than the world price as a result of the government's stabilization plan;
      7) necessary for purchase or distribution of goods upon general or their local deficit;
      8) necessary for execution of international obligations;
      9) necessary for ensuring of defence and security;
      10) necessary for ensuring of observation, not contradictory to the international obligations of legal acts, relating application of customs legislation, environmental protection, protection of intellectual property, and other legal acts.
      39. The measures specified in paragraph 38 of this Minute shall be introduced on the basis of act of Commission and may not serve as a means of arbitrary or groundless discrimination of third countries, as well as covert restriction of foreign trade of goods.
      40. For the purposes of introduction or cancellation of measures in relation of separate type of goods on the grounds, provided by paragraph 38 of this Minute, the member state shall present the documents, containing details on the name of goods, its code ТН ВЭД EEU, the nature of presented measures and expected term of validity, as well as the ground of necessity of introduction or cancellation of measures, to the Commission.
      41. In the case if Commission does not accept the offer of the member state on introduction of measures on the grounds, provided in paragraph 38 of this Minute, the member state, initiated their introduction may introduce such measures according to unilateral procedure in accordance with section X of this Minute.

VIII. Protection of external financial position and ensuring
the equilibrium in balance of payments

      42. Upon import of separate types of goods may be introduced the measures, as well as on the grounds other than those specified in sections III and IV of this Minute, in the case if it is necessary for protection of external financial position and ensuring of equilibrium in balance of payments.
      Such measures may be introduced, if only by virtue of critical state of balance of payments, other measures do not stop sharp deterioration of position with external calculations.
      43. The measures introduced, as well as on the grounds other than the specified in sections III and IV of this Minute may be applied if only the payments for supplies of imported goods are made in the currencies in which the currency reserves of the member states, mentioned in paragraph 44 of this Minute are formed.
      44. Restrictions in relation of import shall not be more significant than it is necessary for prevention of imminent threat of serious decline in currency reserves of the member states and for restore a reasonable rate of growth of currency reserves of the member states.
      45. Commission shall consider a proposal of the member state on introduction of measures, specified in paragraph 42 of this Minute.
      46. In the case if Commission does not accept the proposal of the member state on introduction of measures, the member state may adopt a decision on introduction of measures, specified in paragraph 42 of this Minute unilaterally in accordance with section X of this Minute.

IX. Licensing in the scope of foreign trade of goods

      47. Licensing in the cases established by commission shall be applied upon export and (or) import of separate types of goods, if in relation of these goods are introduced:
      quantitative restrictions;
      exclusive right;
      authorization procedure;
      tariff quota;
      import quota as a special protective measure.
      Licensing shall be implemented by issuance of license on export and (or) import of goods by the authorized body to the participant of foreign trade activity.
      Licenses issued by the authorized body of one member state shall be recognized by all other member states.
      48. Licensing of export and (or) import of goods, included to the unified list of goods shall be carried out in accordance with rules provided by annex to this Minute.
      49. The following types of licenses shall be issued by the authorized bodies:
      individual license;
      general license;
      exclusive license.
      Issuance of general and exclusive licenses shall be carried out in the cases determined by Commission.

X. Application of measures according to unilateral procedure

      50. In the exceptional cases on the grounds provided by sections VII and VIII of this Minute, the member states in the trade with third countries may introduce the temporary measures according to unilateral procedure, as well as on the grounds other than the specified in sections III and IV of this Minute.
      51. The member state which introduces the temporary measure shall inform the Commission on that and make proposal on introduction of such measure in the customs territory of the Union in advance but not later than 3 calendar days before the date of its introduction.
      52. Commission shall consider a proposal of the member state on introduction of temporary measure and at the results of consideration of proposal of the member state may adopt a decision on introduction of such measure in the customs territory of the Union.
      53. Term of validity of such measure in this case is established by Commission.
      54. In the case if decision on introduction of temporary measure in the customs territory of the Union is not adopted, the Commission shall inform the member state which introduced the temporary measure, and customs bodies of the member states on that the temporary measure operates not more than 6 months from the date of its introduction.
      55. On the grounds of notification on introduction of temporary measure, received from the member state, the Commission shall immediately inform the customs bodies of the member states on introduction by one of the member states of temporary measure with specification of:
      1) the name of regulatory legal act of the member state, in accordance with which the temporary measure is introduced;
      2) the name of goods and its code ТН ВЭД EEU;
      3) the dates of introduction of temporary measure and term of its validity.
      56. After reception of information, specified in paragraph 55 of this Minute, the customs bodies of the member states shall not allow:
      export of relevant goods, originated from the territory of the member state, applied the temporary measure, the details of which are contained in this information, without a license, issued by the authorized body of this member state;
      import of relevant goods, intended for the member state applied the temporary measure, details of which are contained in this information, without a license, issued by the authorized body of this member state. Upon that the member states, not applying the temporary measure shall take the necessary efforts, directed to non-admission of import of relevant goods to the territory of the member state, applied the temporary measure.

Annex            
to the Minute on measures  
of non-tariff regulation  
in relation of third countries

The rules of issuance of licenses and permissions to the
export and (or) import of goods

I. General provisions

      1. These Rules shall determine procedure of issuance of licenses and permissions for the export and (or) import of goods, included to the unified list of goods, to which the measures on non-tariff regulation in the trade with third countries are applied.
      2. These Rules shall use the concepts, determined in the Minute on measures of non-tariff regulation in relation of third countries (annex No.7 to Agreement on Eurasian economic union), as well as the following concepts:
      “applicant” – a participant of foreign trade activity, which presents the documents to the authorized body for the purposes of formation of a license or permission;
      “execution of a license” – the actual import to the customs territory of the Union or export from the customs territory of the Union of goods, in relation of which the issue is made by the customs bodies on the grounds of issued (formed) license.
      3. The state duty (license fee) shall be collected by the authorized body for the issuance (formation) of a license and copy of the license in the manner and amount, provided by the legislation of the member state.
      4. Licenses and permissions shall be issued for each goods, classified on ТН ВЭД EEU, in relation of which the licensing or automatic licensing (observation) is introduced.
      5. Signature forms of civil servants of authorized bodies, vested with a right to sign the licenses and permissions, as well as the forms of seal impressions of the authorized bodies shall be directed to the commission for notification of customs bodies of the member states.
      6. The documents, presented for formation of a license or permission, as well as documents, approving execution of a license shall subject to storage in the authorized bodies during 3 years from the date of expire of period of validity of the license or permission or from the date of adoption of decision on termination or suspension of effect of the license.
      Upon expiration of the specified term; the documents shall be destroyed in the manner established by the legislation of the member state in which the license or permission was issued.
      7. Authorized bodies shall carry out database maintenance of issued licenses and permissions and present the specified information to the Commission in the manner and terms, established by the Commission. Commission shall present the data on licenses issued to the customs bodies of the member states.

II. Procedure of issuance of licenses

      8. Execution of application for issuance of license and execution of license shall be carried out in accordance with instructions on execution of application for issuance of license for export and (or) import of separate types of goods and on execution of such license, approved by Commission.
      The license may be issued (executed) in the form of electronic document in the manner, approved by Commission, and before its approval – in the manner determined in accordance with the legislation of the member state.
      Structure and format of a license in the form of electronic documents shall be approved by Commission, and before its approval shall be determined in accordance with the legislation of the member state.
      9. Validity of individual license may not exceed 1 year from the date of beginning of its validity. Period of validity of individual license may be restricted by the period of foreign trade contract (agreement) or period of validity of document, being the ground for issuance of the license.
      For the goods in relation of which the quantitative restrictions of export and (or) import are introduced, or import quota as the special protective measure, or tariff quotas, period of validity of a license shall be terminated in the calendar year, on which the quota is established.
      Period of validity of general license may not exceed 1 year from the date of beginning of its validity, and for goods, in relation of which the quantitative restrictions of export and (or) import or tariff quotas are introduced shall be terminated in the calendar years, on which the quota is established, unless otherwise established by Commission.
      Period of validity of exclusive license shall be established by commission in each specific case.
      10. For execution of a license by applicant or its representative, having the written approval of relevant powers, the following documents and details shall be presented to the authorized body:
      1) application on issuance of a license, filled and executed in accordance with instruction on execution of application for issuance of license for export and (or) import of separate types of goods and on execution of such license (hereinafter – application);
      2) electronic copy of application in the format, approved by commission, and before its approval – in the manner, determined in accordance with the legislation of the member state;
      3) a copy of foreign trade agreement (contract), annex and (or) additions to it (for individual license), and in the case of absence of foreign trade agreement (contract) – a copy of other document, approving the intention of parties;
      4) a copy of document (details, if it is provided by the legislation of the member state) on registration in the tax body or on the state registration;
      5) a copy of the license for carrying out of licensed type of activity or details on existence of a license for carrying out of licensed type of activity (if it is provided by the legislation of the member state), if such type of activity is related with goods turnover, in relation of which the licensing in the customs territory of the Union is introduced;
      6) other documents (details), if they are determined by decision of Commission, on the basis of which the licensing of relevant goods is introduced.
      11. Each sheet of presented copies of documents shall be certified by the sign and the seal of applicant, or copy of documents shall be bound and their last sheets are certified by the sign and seal of applicant.
      The documents presented by applicant shall subject to registration to the authorized body.
      Application and documents (details) may be presented in the form of electronic document in the manner provided by the legislation of the member states.
      Presentation of documents (details) in the form of scanned documents, certified by the electronic digital signature of applicant shall be allowed, unless otherwise provided by the legislation of the member state.
      The license shall be issued after presentation of a document by applicant, approving the payment of the state duty (license fee), charged for issuance (execution) of the license in the manner and amount, provided by the legislation of the member state.
      12. In the cases, provided by decision of Commission, the application shall be directed by applicant or authorized body, for coordination to the relevant body of executive power of the member state, determined by the member state, before presentation to the authorized body, unless otherwise provided by the legislation of the member state.
      13. Issuance of a license or refusal in their issuance shall be carried out by the authorized body on the basis of these Rules of documents, provided by paragraph 10 during 15 business days from the date of filing of documents, if other terms does not established by the decision of commission.
      14. The ground for refusal in issuance of a license shall be:
      1) existence of incomplete of false details in the documents, presented by applicant for obtainment of a license;
      2) non-compliance with the requirements, provided by paragraphs 10-12 of this Rules;
      3) termination or suspension of validity of one or several documents, serving as a ground for issuance of the license;
      4) violation of international obligations of the member states, which may occur due to execution of agreement (contract), for implementation of which the license is requested;
      5) exhaustion of quota, as well as tariff quota, or its absence (in the case of execution of the license for quota goods);
      6) other grounds, provided by the act of Commission.
      15. Decision on refusal in issuance of a license shall be motivated and presented to applicant in written form or in the form of electronic document, if it is provided by decision of commission, and in the absence of specified act – by the legislation of the member state.
      16. Authorized body shall execute the original of a license, which is issued to applicant. An applicant shall present the original of the license to the relevant customs body which issues its copy with the mark of customs body on statement on control to the applicant upon statement on control, before customs declaration of goods.
      If the license is issued (executed) by the authorized body in the form of electronic document, presentation of original of a license on paper medium to the customs body of its state shall not be required.
      Procedure of interaction of authorized bodies and customs bodies on control for execution of licenses, issued in the form of electronic document shall be determined by the legislation of the member states.
      17. Making amendments to the issued licenses, as well as for technical reasons shall not be allowed.
      18. In the case if the amendments are made to the constituent documents of applicant, registered as a legal entity (the change of organizational and legal form, the name or the place of its location), or the passport data of applicant, being individual are changed, the applicant shall be obliged to apply with request on termination of validity of issued license and execution of a new license with the annex of application and documents, approving the specified amendments.
      19. Authorized body shall have a right to adopt the decision on termination or suspension of validity of a license in the following cases:
      1) application of applicant, presented in a written form or in the form of electronic document, if it is provided by the legislation of the member state;
      2) making amendments to the constituent documents of applicant, registered as a legal entity (the change of organizational and legal form, the name or the place of its location), or change of passport data of applicant, being individual;
      3) detection of false details in the documents, presented by applicant for the purposes of obtainment of the license;
      4) termination or suspension of validity of one or several documents, on the basis of which the license was issued;
      5) violation upon execution of agreement (contract), on the basis of which the license was issued, international obligation of the member states;
      6) revocation of a license for carrying out of licensed type of activity, if such type of activity is related with goods turnover, in relation of which the licensing is introduced;
      7) detection of violations, committed upon issuance of a license, entailed issuance of the license, which upon observation of established procedure may not be issued;
      8) non-observance of conditions of the license issuance, established by international regulatory legal acts or regulatory legal acts of the member states by the owner of the license;
      9) existence of judicial decision;
      10) non-execution of paragraph 22 of these Rules by the owner of a license.
      20. Validity of the license shall be suspended from the date of adoption of decision on that, by the authorized body.
      Validity of suspended license may be renewed by the authorized body after elimination of reasons, entailed suspension of its validity. Upon that suspension of validity of a license shall not be the ground for its extension.
      Procedure of suspension or termination of validity of a license shall be determined by Commission.
      21. In the case of loss of a license, the authorized body shall issue a duplicate of the license, executed similar to the original and containing the entry "Duplicate" on the written application of applicant and after payment of the state duty (license fee) in the manner and amount, provided by the legislation of the member state.
      Application in which the reasons and circumstances of loss of a license are explained shall be made in free form.
      Duplicate of a license shall be issued by the authorized body during 5 business days from the date of filing of application.
      22. The owners of general and exclusive licenses shall be obliged to quarterly present a report on the course of execution of the license to the authorized body before 15th day of the month, following the reporting quarter.
      The owners of individual licenses shall be obliged to present the certificate on execution of the license to the authorized body during 15 calendar days upon expire of the term of validity.
      22. Upon removal of a license from control, the relevant customs control of the member state shall issue the certificate on execution of a license during 5 business days to the applicant on the basis of its written application.
      The form and procedure of issuance of certificate shall be determined by the Commission.
      24. Customs bodies shall present information on execution of the licenses in the electronic form directly to the authorized body, in the case of presentation by the customs bodies of such information is provided by the legislation of the member state.
      If information on execution of the licenses is directly presented by the customs bodies in the electronic form to the authorized body, reports on the course of execution of the licenses and certificates on execution of licenses shall not be presented by the owners of licenses to the authorized body.

III. Procedure of issuance of permissions

      25. Execution of permissions shall be carried out in accordance with instruction on execution of permission for export and (or) import of separate types of goods, approved by Commission.
      Permission may be issued (executed) in the form of electronic document in the manner, approved by Commission, and before its approval – in the manner, determined in accordance with the legislation of the member state.
      Structure and format of permission in the form of electronic document shall be approved by Commission, and before their approval shall be determined in accordance with the legislation of the member state.
      Permissions issued by the authorized body of the member state shall be recognized by all other member states.
      26. The terms of issuance of permissions may not exceed 3 business days from the date of filing of application.
      Permissions shall be issued without restrictions to any participants of foreign trade activity on the basis of filled to the authorized body:
      written application;
      project of permission on paper medium;
      electronic copy of project of permission in the format, approved by Commission, and before its approval – in the format, determined in accordance with the legislation of the member state.
      27. The term of validity of permission shall be restricted by calendar year, in which the permission is issued.
      28. Authorized body shall execute the original of permission,which is issued to participant of foreign trade activity or its representative, having the written approval of powers on its reception.
      Participant of foreign trade activity shall present the original of permission to the relevant customs body, which upon statement of permission on control issues its copy to the participant of foreign trade activity with the mark of customs body on statement on control, before customs declaration of goods.
      If the permission in the form of electronic document is issued (executed) by the authorized body, presentation of original of permission on paper medium by the participant of foreign trade activity to the customs body of its state shall not be required.
      Procedure of interaction of authorized bodies and customs bodies on control for execution of permissions, issued in the form of electronic document shall be determined by the legislation of the member states.
      29. Issued permissions shall not subject to re-execution to other participants of foreign trade activity.
      Making amendments to the issued permissions shall not be allowed.
      30. In the case of loss of issued permission, the authorized body may issue the duplicate of permission, executed similar to original and containing the entry “Duplicate” at the written application of participant of foreign trade activity during 3 business days. Upon that the reasons and circumstances of loss of permission shall be explained in application. Application shall be made in free form.

ANNEX No.8       
to Agreement      
on Eurasian economic union

MINUTE
on application of special protective, antidumping and
compensatory measures in relation to the third countries

I. General provisions

      1. This Minute is developed in accordance with Articles 48 and 49 of agreement on Eurasian economic union (hereinafter – Agreement) and determine application of special protective, antidumping and compensatory measures in relation to the third countries for the purposes of protection of economic interests of producers of goods in the Union.
      2. The concepts used in this Minute shall have the following meanings:
      “similar goods” – the goods fully identical to the goods, that are or may be the object of investigation (reinvestigation), or in the absence of such goods – another goods, having characteristics, close to the characteristics of goods, which are or may be the object of investigation (reinvestigation);
      “antidumping measure” – the measure on counteraction to the dumped import, which is applied by the decision of Commission by introduction of antidumping duty, as well as preliminary antidumping duty, or approval of voluntary price obligations, adopted by the expert;
      “antidumping duty” – the duty, which is applied upon introduction of antidumping measure and charged by the customs bodies of the member states irrespective of imported customs duties;
      “margin of dumping” – expressed as a percentage the ratio of the normal value of the goods after deduction of export price of these goods to its export price or the difference between the normal value of goods and its export price, expressed in the absolute terms;
      “import quota” – restriction of import of goods to the customs territory of the Union in relation of its quantity and (or) cost;
      “compensatory measure” – the measure on cancellation of interaction of specific subsidy of exporting third country on the branch of economy of the member states, applied by decision of the Commission by introduction of compensatory duty (as well as preliminary compensatory duty) or approval of voluntary obligations, adopted by the authorized bodies of subsidizing third country or exporter;
      “compensatory duty” – the duty, which is applied upon introduction of compensatory measure and charged by the customs bodies of the member states, irrespective of imported customs duty;
      “material damage of branch of economy of the member states” – deterioration of a branch of economy of the member states approved by the evidences, which may be expressed, in particular, in reduction of volume of production of similar goods in the member states and volume of its implementation in the market of the member states, reduction of profitability of production of such goods, as well as in the negative impact on the stock of goods, employment, salary level in this branch of the economy of the member states and the level of investments in this branch of economy of the member states;
      “directly competitive goods” - the goods comparable with the goods, which are or may be the object of investigation (reinvestigation), on its own purpose, application, quality and technical characteristics, as well as on other basic features in such a way that the buyer can replace or ready to replace by them the goods, which are or may be the object of investigation (reinvestigation) in the process of consumption;
      “ordinary course of trade” – purchase and sale of similar goods in the market of exporting third country on the price not lower than its weighted average cost, determined based on the weighted average costs of production and weighted average trade, administrative and general costs;
      “payers” – persons, determined in accordance with the Customs Code of Eurasian economic union;
      “preliminary antidumping duty” – the duty, applied upon import of goods to the customs territory of the Union, in relation of which the preliminary conclusion on existence of dumped import and material damage of a branch of economy of the member states conditioned by this, threat of its damage or significant slowdown of creation of the branch of economy of the member states, is made by the body, conducted investigation in the course of investigation;
      “preliminary compensatory duty” – the duty, applied upon import of goods to the customs territory of the Union, in relation of which the preliminary conclusion on existence of subsidized import and material damage of a branch of economy of the member states conditioned by this import, threats of its damage or significant slowdown of creation of the branch of economy of the member states, is made by the body, conducted investigation in the course of investigation;
      “preliminary special duty” – the duty, applied upon import of goods to the customs territory of the Union, in relation of which the preliminary conclusion on existence of increased import, which caused or threatened to cause a serious damage to the branch of economy of the member states, is made by the body, conducted investigation in the course of investigation;
      “preceding period” – 3 calendar years, directly preceding the date of filing of application on conducting of investigation, for which there are the necessary statistical data;
      “connected persons” – the persons, who meet one or several of the following criteria:
      each of these persons is an employee or head of organization, created with participation of another person;
      the persons are business partners, in other words related by contractual relations, act for the purposes of deriving of profit and jointly bear expenses and losses, related with carrying out of joint activity;
      the persons are employers and employees of the same organization;
      any person directly or indirectly holds, controls or is a nominee shareholder of 5 percent or more of the voting stocks or shares of both persons;
      one of the persons directly or indirectly controls the other person;
      both persons are directly or indirectly controlled by a third person;
      both persons together directly or indirectly control a third person;
      the persons are in the marital relations, relations of consanguinity or affinity, adoptive parents and adoptee, as well as the trustee and the ward.
      Upon that under the direct control shall be regarded the possibility of legal entity or individual to determine decisions, applied by legal entity by commission of one or several of the following actions:
      exercise of the functions of its executive body;
      obtainment of a right to determine the conditions of maintenance of entrepreneurial business of legal entity;
      disposal of more than 5 percent of the total number of votes on stocks (shares), constituting the charter (reserve) capital (fund) of a legal entity.
      Under the indirect control shall be regarded the possibility of legal entity or individual to determine decision, adopted by legal entity, through the individual or legal entity or through several legal entities, between of which there is a direct control;
      “serious damage of a branch of economy of the member states” – the general deterioration of situation, approved by the evidences and related with production of similar or directly competitive goods in the member states, which is expressed in the significant deterioration of industrial, trade and financial position of the branch of economy of the member states and determined, as a rule, for the preceding period;
      “special protective measure” – the measure on restriction of increased import to the customs territory of the Union, which is applied by decision of Commission by introduction of import quota, special quota or special duty, as well as preliminary special duty;
      “special quota” – establishment of certain volume of import of goods to the customs territory of the Union, within the limit of which the goods are supplied to the customs territory of the Union without payment of a special duty, but over which - with the payment of the special duty;
      “special duty” – the duty, which is applied upon introduction of special protective measure and charged by the customs bodies of the member states irrespective of imported customs duty;
      “subsidized import” – import of goods to the customs territory of the Union, upon production, export or transportation of which the specific subsidy of exporting third country is used;
      “third countries” – countries and (or) association of countries, not being the participants of Agreement, as well as territories, included to the classifier of countries of the world, approved be Commission;
      “subsidizing body” – the state body or local government body of exporting third country or person, acting by order of relevant state body or local government body or authorized by the relevant state body or local government body in accordance with legal act or on the basis of factual circumstances;
      “threat of causing of material damage of a branch of economy of the member states” – the inevitability of causing of material damage to the branch of economy of the member states, approved by the evidences;
      “threat of causing of serious damage of a branch of economy of the member states” - the inevitability of causing of serious damage to the branch of economy of the member states, approved by the evidences;
      “export price” – the price, which is paid or should be paid upon import of goods to the customs territory of the Union.

II. Investigation

1.The purposes of conducting of investigation

      3. The introduction of special protective, antidumping or compensatory measure upon import of goods is preceded by an investigation conducted for the purposes of establishment of:
      existence of increased import to the customs territory of the Union and serious damage of a branch of economy of the member states conditioned by this or threat of its causing;
      existence of dumping or subsidized import to the customs territory and material damage of a branch of economy of the member states conditioned by this, or threat of its causing or significant slowdown of creation of the branch of economy of the member states.

2. The body conducting the investigations

      4. The body conducting the investigations shall act within the powers, provided to it by international treaties and acts, constituting the right of the Union.
      5. The body conducting the investigations shall present a report, containing proposals on feasibility of application or extension of the term of validity of special protective, antidumping or compensatory measure or revision or cancellation of special protective, antidumping or compensatory measure, with the annex of project of relevant decision of Commission to the Commission according to results of investigation.
      6. Revision of special protective, antidumping or compensatory measure shall provide its change, cancellation or liberalization on the results of the reinvestigation.
      7. The body conducting the investigations shall present a report, containing suggestions on feasibility of introduction and application of preliminary special, preliminary antidumping or preliminary compensatory duty, with the annex of project of relevant decision of Commission before completion of the investigation in the cases, provided by paragraphs 15-22, 78-89, 143-153 of this Minute.
      8. Provision of evidences and details to the body conducting the investigations, as well as correspondence with the body, conducting the investigation shall be carried out in Russian language, and original documents which are composed in a foreign language shall be accompanied by a translation in Russian language (with certificate of such translation).

III. Special protective measures

1. General principles of application of special
protective measure

      9. Special protective measure shall be applied in relation of goods, imported to the customs territory of the Union from exporting third country, irrespective of the country of its origin, except for:
      1) the goods, originating from the developing or least developed third country-user of the system of tariff preferences of the Union, until the share of import of these goods from such country does not exceed 3 percent from the total volume of import of such goods to the customs territory of the Union, upon condition, that the total share of import of these goods from the developing or least developed third countries, on the share of each of which is not more than 3 percent of the total volume of import of these goods to the customs territory of the Union does not exceed 9 percent from the total volume of import of these goods to the customs territory of the Union;
      2) the goods, originating from the state-participant of Commonwealth of Independent States, being the party of Agreement on the free trade area dated 18 October, 2011, upon execution of conditions, established by Article 8 of specified Agreement.
      10. Commission shall adopt decision on distribution of special protective measure to the goods, originating from developing or least developed third country and excluded from validity of special protective measure in accordance with paragraph 9 of this Minute, in the case if according to the results of reinvestigation, conducted by the body, conducting the investigation in accordance with paragraphs 31,33 and 34 of this Minute is established, that the share of import of goods from such developing or least developed third country exceeds the indicators, established by paragraph 9 of this Minute.
      11. Commission shall adopt decision on distribution of special protective measure to the goods, originating from the state – participant of Commonwealth of Independent States, being the party of Agreement on the free trade area dated 18 October, 2011, excluded from validity of special protective measure in accordance with paragraph 9 of this Minute, in the case if according to the results of reinvestigation, conducted by the body, conducting the investigation, in accordance with paragraphs 31,33 and 34 of this Minute is established that conditions, specified in article 8 of specified Agreement are not performed.

2. Establishment of serious damage of a branch of economy
of the member states or threat of its causing
due to increased import

      12. For the purposes of establishment of serious damage to the branch of economy of the member states or threat of its causing due to increased import to the customs territory of the Union, the body conducting the investigations, in the course of investigation shall access the objective factors, which may be expressed in the quantitative indices and which render assistance to the economic position of the branch of economy of the member states, as well as the following:
      1) rate and volume of increase of import of goods, being the object of investigation, in the absolute indices and relative indices to the total volume of production or consumption of similar or directly competitive goods in the member states;
      2) the share of imported goods, being the object of investigation, in the total sales of these goods and similar or directly competitive goods on the market of the member states;
      3) the price level of imported goods, being the object of investigation, in comparison with the price level for similar or directly competitive goods, produced in the member states;
      4) change of the volume of sales on the market of the member states of similar or directly competitive goods, produced in the member states;
      5) change of the volume of production of similar or directly competitive goods, productivity, use of production capacities, the amounts of profit and losses, as well as employment level in the branch of economy of the member states.
      13. Serious damage to the branch of economy of the member states or threat of its causing due to increased import shall be established on the basis of results of analysis of all evidences and details, relating to the case and available to the body, conducting the investigation.
      14. The body conducting the investigations, in addition to increased import shall analyze other known factors, due to which the serious damage to the branch of economy of the member states is caused or the threat of its causing is created in the same period. The specified damage shall not be referred to the serious damage to the branch of economy of the member states or threat of its causing due to increased import to the customs territory of the Union.

3. The introduction of preliminary special duty

      15. In the critical circumstances where a delay of application of a special protective measure would result in damage to the branch of economy of the member states, which will be difficult to eliminate later, the Commission may adopt decision on introduction of preliminary special duty on the basis of preliminary conclusion of the body, conducting the investigation for the term, not exceeding 200 calendar days before completion of relevant investigation, in accordance with which there are clear proofs that the increased import of goods, being the object of investigation, is caused or threatens to cause a serious damage to the branch of economy of the member states.
      16. The body conducting the investigations shall inform the authorized body of exporting third country, as well as other known interested persons on possible introduction of preliminary special duty in written form.
      17. At the request of the authorized body of exporting third country on conducting of consultation on the issue of introduction of preliminary special duty, such consultations shall be initiated after adoption of decision on introduction of preliminary special duty by Commission.
      18. In the case if according to the results of investigation the absence of the ground for introduction of special protective measure is established by the body, conducting the investigation, or decision on non-application of special protective measure is adopted in accordance with paragraph 272 of this Minute, the amounts of preliminary special duty shall subject to return to the payer in the manner according to the annex to this Minute.
      The body conducting the investigations shall timely inform the customs bodies of the member states on the absence of grounds for introduction of special protective measure or on adoption of decision on non-application of special protective measure by Commission.
      19. In the case if according to the results of investigation the decision on application of special protective measure (as well as by introduction of import or special quota) is adopted, the term of validity of preliminary special duty shall be counted to the total term of validity of special protective measure, and the amounts of preliminary special duty shall subject to crediting and distribution from the date of entering of decision on application of special protective measure, adopted according to the results of investigation, to the legal force, in the manner provided by the annex to this Minute, in recognition of provisions of paragraphs 20 and 21 of this Minute.
      20. In the case if according to the results the investigation the introduction of a lower rate special duty, than the rate of preliminary special duty is recognized as appropriate, the amounts of preliminary special duty, relevant to the amounts of special duty, calculated according to the established rate of special duty shall subject to crediting and distribution in the manner provided by the annex to this Minute.
      The amounts of preliminary special duty, exceeding the amounts of special duty, calculated according to established rate of special duty shall subject to return to the payer in the manner provided by the annex to this Minute.
      21. In the case if according to the results of investigation the introduction of a higher rate of special duty, than the rate of preliminary special duty is recognized as appropriate, the difference between the amounts of special duty and preliminary special duty shall not be charged.
      22. Decision on introduction of preliminary special duty shall be applied, as a rule, not later than 6 months from the date of commencement of investigation.

4. Application pf special protective measure

      23. The special protective measure shall be applied by decision of the Commission in the amount and during the term, which are necessary for prevention or elimination of serious damage to the branch of economy of the member states or threat of its causing, as well as for facilitation the adaptive process of the branch of economy of the member states to the changing economic conditions.
      24. In the case if the special protective measure is applied by establishment of import quota, the amount of such import quota shall not be lower of annual average volume of import of goods, being the object of investigation (in quantitative or value terms), for the preceding period, except for the cases of necessity of establishment of a smaller amount of import quota for elimination of serious damage to the branch of economy of the member states or threat of its causing.
      25. Upon distribution of import quota between the exporting third countries to those who are interested in the implementation of supplies to the customs territory of the Union of the goods, being the object of investigation shall be provided the possibility for conducting of consultations on the issue of distribution of import quota between them.
      26. In the case if conducting of consultations, provided by paragraph 25 of this Minute is not possible or the agreement on such distribution is not achieved in the course of their conducting, the import quota shall be distributed between the exporting third countries, having the interest in export of goods, being the object of investigation to the customs territory of the Union, in proportion prevailing upon import of these goods from exporting third countries for the preceding period on the basis of total volume of import of such goods in the quantitative or value terms.
      Upon that any special factors which could or may influence on the course of trade in these goods shall be taken into account.
      27. In the case if in percentagewise the increase of import of goods, being the object of investigation, from the separate exporting third countries is increased disproportionately in relation to the general increase of import of such goods for 3 years, preceding the date of filing of application on conducting of investigation, the Commission may distribute the import quota between such exporting third countries in recognition of absolute and relative indicators of increase of import of these goods to the customs territory of the Union from such exporting third countries.
      Provision of this paragraph shall be applicable exclusively in the case of establishment of existence of serious damage to the branch of economy of the member states by the body conducting the investigations.
      28. Procedure of application of special protective measure in the form of import quota shall be established by decision of Commission. In the case if such decision provides such licensing of import, the licenses shall be established in the manner established by Article 56 of Agreement.
      29. In the case if the special protective measure is applied by establishment of special quota, determination of the amount, distribution and application of such quota shall be carried out in the manner provided for the import quota by paragraphs 24-28 of this Minute.

5. The term of validity and revision of special
protective measure

      30. The term of validity of special protective measure shall not exceed 4 years, except for the case of extension of the term of validity of such measure in accordance with paragraph 31 of this Minute.
      31. The term of validity of special protective measure, specified in paragraph 30 of this Minute may be extended by decision of the Commission, if according to the results of reinvestigation, conducted by the body, conducting the investigation, it is established that for elimination of serious damage to the branch of economy of the member states or threat of its causing it is necessary extension of the term of validity of special protective measure, and there are the evidences that the measures, contributing the adaptation of the branch to the changing economic conditions are taken by the relevant branch of economy.
      32. Upon adoption of decision on extension of the term of validity of special protective measure by Commission, such measure may not be more restrictive than the special protective measure valid on the date of adoption of this decision.
      33. In the case if the term of validity of special protective measure exceeds 1 year, the Commission shall defuse such special protective measure through the equal time intervals during the term of its validity.
      In the case if the term of validity of special protective measure exceeds 3 years, the body, conducting the investigation shall conduct reinvestigation, not later than expiration of the half of the term of validity of such measure according to the results of which the special protective measure may be maintained, defused or cancelled.
      For the purposes of this paragraph under mitigation of special protective measure shall be regarded the increase of the volume of import quota or special quota or reduction of the rate of special duty.
      34. In addition to the reinvestigation, specified in paragraph 33 of this Minute, the reinvestigation may be conducted at the initiative of the body, conducting the investigation, or upon application of the interested person for the purposes of:
      1) determination of feasibility of the change, liberalization or cancellation of special protective measure in connection with the changed consequences, as well as specification of goods, being the object of the special protective measure, if there are the grounds to believe that such goods may not be produced in the Union in the course of application of this special protective measure;
      2) establishment of the share of developing or least developed third countries in the total volume of import of goods to the customs territory of the Union;
      3) establishment of the fact of performance of criteria, determined by Article 8 of specified Agreement for the state - participant of Commonwealth of Independent States, being the party of Agreement on the free trade area dated 18 October, 2011.
      35. Application on conducting of the reinvestigation for the purposes, specified in subparagraph 1 of paragraph 34 of this Minute may be applied by the body, conducting the investigation, if after introduction of special protective measure has passed at least one year.
      36. Upon conducting of reinvestigation in recognition of relevant differences shall be applied provisions, relating to conducting of investigation.
      37. The total term of validity of special protective measure, including the term of validity of preliminary special duty and the term, on which the validity of special protective measure is extended shall not exceed 8 years.
      38. Special protective measure may not be re-applied to the goods, to which the special protective measure is previously applied during the term equal to the term of validity of previous special protective measure. Upon that the term during of which the special protective measure is not applied may not be less than 2 years.
      39. The special protective measure, the term of validity of which is not more than 180 calendar days, irrespective of provisions, established by paragraph 38 of this Minute may be re-applied to the same goods, if passed at least 1 year from the date of introduction of preceding special protective measure and special protective measure is not applied to such goods more than 2 times within 5 years, preceding the date of introduction of a new special protective measure.

IV. Antidumping measure

1. General principles of application of antidumping measure

      40. The goods shall be subject of dumped import, if the export price of these goods is lower than their normal value.
      41. Period of investigation for which the details are analyzed for the purposes of determination of existence of dumped import shall be established by the body, conducting the investigation. Upon that such period shall be established, as a rule, equal to 12 months, preceding the date of filing of application on conducting of investigation, for which there are the statistical data, but in any case this period shall not be less than 6 months.

2. Determination of margin of dumping

      42. Margin of dumping shall be determined by the body, conducting the investigation on the basis of comparison:
      1) weighted-average normal value of goods with weighted-average export price of goods;
      2) normal value of goods on individual transactions with export priced of goods on individual transactions;
      3) weighted-average normal value of goods with export prices of goods on individual transactions upon condition of significant differences in price of goods depending on buyers, regions or period of supply of goods.
      43. Comparison of export price of goods with its normal value shall be carried out on the same stage of trade operation and in relation of cases of sale of goods, occurring as far as possible at the same time.
      44. Upon comparison of export price of goods with its normal value shall be carried out their correction in recognition of differences, having an influence on comparability of prices, as well as differences of conditions and characteristics of supplies, taxation, stages of trade operations, quantitative indicators, physical characteristics, as well as any other differences, in relation of which the evidences of their impact on comparability of prices are presented.
      The body, conducting the investigations is convinced that corrections in recognition of specified differences do not duplicate each other and distort the results of comparison of export price with normal value of goods.
      The body conducting the investigations shall have a right to request information, necessary for ensuring of appropriate comparison of export price of goods with its normal value from the interested persons.
      45. In the case if purchase and sales transactions of similar goods upon ordinary course of trade on the market of exporting third country are absent or due to the low volume of sales of the similar goods upon the ordinary course of trade or by virtue of special situation on the market of exporting third country is impossible to conduct an appropriate comparison of export price of goods with the price of similar goods upon sale on the market of exporting third country, the export price of goods shall be compared or with the comparable price of similar goods, imported from the exporting third country to other third country (upon condition that the price of similar goods is representative), or with the costs of production of goods in the country of its origin in recognition of necessary administrative, trade and general costs and profits.
      46. In the case if the goods are imported to the customs territory of the Union from the third country, not being the country of its origin, the export price of such goods shall be compared with comparable price of similar goods on the market of third country.
      Export price of goods may be compared with comparable price of similar goods in the country of its origin, if these goods are only transshipped through a third country, from which it is exported to the customs territory of the Union, or its production is not carried out in this third country, if there is no comparable price of similar goods.
      47. In the case if upon comparison of export price of goods with its normal value require recalculation of their values of one currency to another, such recalculation shall be conducted with the use of official currency rate at the date of sale of the goods.
      The currency rate, applied upon sale of currency for the term shall be used in the case if sale of foreign currency was directly related to the corresponding export supply of goods and is carried out for the term.
      The body, conducting the investigations shall not consider currency movement and in the course of investigation provide at least 60 calendar days to the exporters for correction of their export prices in recognition of sustainable changes of currency rates in the period of investigation.
      48. The body conducting the investigations, as a rule shall determine the individual margin of dumping for each known exporter and (or) producer of goods, presented the necessary details, allowing to determine the individual margin of dumping.
      49. In the case if the body, conducting the investigations comes to the conclusion on irreceivability of determination of individual margin of dumping for each known exporter and (or) producer of goods by reason of total number of exporters, producers or importers of goods, variety of goods or for any other reason, it may use restriction of determination of individual margin of dumping based on the reasonable number of interested persons or determine the margin of dumping in relation of selection of goods from each exporting third country, which on available information of the body, conducting the investigations is statistically representative and may be researched, not violating the progress of the investigation.
      The selection of interested persons for the purposes of restriction of determination of individual margin of dumping shall be carried out by the body, conducting the investigations, preferably on the basis of consultations with relevant foreign exporters, producers and importers of goods, being the object of investigation, and with their consent.
      In the case if the body, conducting the investigations uses the restriction in accordance with this paragraph, it shall also determine the individual margin of dumping in relation of each foreign exporter or foreign producer, which were not primarily selected, but provided the necessary details according to the established period for their consideration, except for the cases, when the number of foreign exporters and (or) foreign producers is so large that individual consideration may lead to violation by the body, conducting the investigations, the term of conducting of relevant investigation.
      Voluntary provided responses of such foreign exporters and (or) foreign producers shall not be rejected by the body, conducting the investigation.
      50. In the case if the body, conducting the investigations uses the restriction of determination of individual margin of dumping in accordance with paragraph 49 of this Minute, the amount of margin of dumping, calculated in relation of foreign exporters or foreign producers of goods, being the subject of dumped import shall not exceed the amount of weighted-average margin of dumping, determined in relation of foreign exporters or foreign producers of goods, being the subject of dumped import, selected for determination of individual margin of dumping.
      51. If the exporters or producers of goods, being the object of investigation do not provide the requested information in a required form and established terms to the body, conducting the investigations or information, provided by them may not be verified or does not correspond to validity, the body conducting the investigations may determine the margin of dumping on the basis of another available information.
      52. Except for the determination of individual margin of dumping for each known exporter and (or) producer of goods, which are presented the necessary details, allowing to determine the individual margin of dumping, the body conducting the investigations may determine the unified margin of dumping for all other exporters and (or) producers of goods, being the object of investigation on the basis of highest margin of dumping, determined in the course of investigation.

3. Determination of normal value of the goods

      53. Normal value of the goods shall be determined by the body, conducting the investigations on the basis of prices of similar goods upon their sale in the period of investigation in the internal market of exporting third country upon ordinary course of trade to the buyers, not being the related persons with producers and exporters, being the residents of this third country for the use in the customs territory of exporting third country.
      For the purposes of determination of normal value may be considered the prices of similar goods upon their sale in the internal market of exporting third country to the buyers, being the related persons with producers and exporters, being the residents of this third country, in the case if it is established that this relationship does not affect on the price policy of foreign producer and (or) exporter.
      54. The volume of sale of similar goods upon ordinary course of trade in the internal market of exporting third country shall be considered as sufficient for determination of normal value of goods, if this volume is not less than 5 percent from the total volume of export of goods to the customs territory of the Union from exporting third country.
      The lower volume of sale of similar goods upon ordinary course of goods shall be considered as acceptable for determination of normal value of goods, if there are the evidences that such volume is sufficient for ensuring of appropriate comparison of export price of goods with the price of similar goods upon ordinary course of trade.
      55. Upon determination of normal value of goods in accordance with paragraph 53 of this Minute, the price of goods upon their sales to the buyers in the internal market of exporting third country shall be the averaged weighted price, on which the similar goods are sold to the buyers during the period of investigation, or the price of goods on each separate sale to the buyers within this period.
      56. The sale of similar goods in the internal market of exporting third country or from exporting third country to other third country on low cost prices of production of the unit of similar goods in recognition of administrative, trade and general costs may be considered upon determination of normal value of goods only in the case, if the body, conducting the investigations establishes that such sale is carried out during investigation in the significant volume and at the prices, which may not ensure compensation of all costs for this period.
      57. In the case if the price of similar goods, which at the time of its sale is below of production of the unit of similar goods in recognition of administrative, trade and general costs, exceeds the weighted - average cost of production of the unit of goods in recognition of administrative, trade and general costs in the period of investigation, such price shall be considered as ensuring compensation of all costs during the period of investigation.
      58. Sale of similar goods at the low cost prices of production of the unit of similar goods in recognition of administrative, trade and general costs shall be considered as implemented in the significant amount, in the case if weighted-average price of similar goods on transactions, considered upon determination of normal value of goods is below of the weighted - average cost of production of the unit of similar goods in recognition of administrative, trade and general costs or volume of sale at the prices that is below of such cost of price shall consist at least 20 percent from the volume of sale on transactions, considered upon determination of normal value of the goods.
      59. Cost of production of the unit of the similar goods in recognition of administrative, trade and general costs shall be calculated on the basis of data, presented by exporter or producer of goods, upon condition that such data correspond to the generally accepted principles and rules of accounting and reporting in the exporting third country and fully reflect the costs, related with production and sale of goods.
      60. The body, conducting the investigation shall consider all available evidences of proper distribution of costs of production, administrative, trade and general costs, including the data, presented by the exporter or producer of goods, being the object of investigation, upon condition that such distribution of costs is usually practiced by this exporter or producer of goods, in particular in relation of establishment of relevant period of depreciation, deductions on capital investments and covering of other costs of development of production.
      61. Costs of production, administrative, trade and general costs shall be corrected in recognition of one-time costs, related with development of production, or consequences, upon which in the period of investigation make an impact of operations, carried out in the period of organization of production on the costs. Such corrections shall reflect the costs at the end of period of organization of production, and in the case if the period of organization of production exceeds the period of investigation – for the latest stage of the organization of production, corresponding to the period of conducting of investigation.
      62. Total quantitative indicators of administrative, trade and general costs and profits that are typical for this branch of economy shall be determined on the basis of actual data on production and sale of similar goods upon ordinary course of trade, presented by exporter or producer of goods, being the subject of dumped import. If such total quantitative indicators are impossible to determine by the specified method they may be determined on the basis:
      1) actual amounts, received and spent by the exporter or producer of goods, being the object of investigation, in connection with production and sale of the same category of goods in the internal market of exporting third country;
      2) weighted-average actual amounts, received and spent in connection with production and sale of similar goods in the internal market of exporting third country by other exporters or producers of such goods;
      3) other method upon condition, that the amount of profit, determined in this manner does not exceed the profit, usually received by other exporters or producers of the same category of goods upon their sale in the internal market of exporting third country.
      60. In the case of dumped import from the exported third country, in which the prices in the internal market are directly regulated by the state or there is a state monopoly of foreign trade, the normal value of goods may be determined on the basis of price or calculated value of similar goods in an appropriate third country (comparable for the purposes of investigation with the specified exporting third country) or price of similar goods upon their supplies from such third country on export.
      In the case if determination of normal value of goods in accordance with this paragraph is not possible, the normal value of goods may be determined on the basis of price, paid or subjected to payment for the similar good in the customs territory of the Union and corrected in recognition of profit.

4. Determination of export price of goods

      64. Export price of goods shall be determined on the basis of data on its sale in the period of investigation.
      65. In the absence of data on export price of goods, being the subject of dumped import, or upon incurrence of reasonable doubts in reliability of details on export price of these goods of the body, conducting the investigations due to the fact that exporter and importer of goods are the related persons (as well as by virtue of connection of each of them with the third person), or in the existence of restrictive business practice in the form of collusion in relation of export price of such goods, its export price may be calculated on the basis of price, on which the imported goods shall be firstly resold to the independent buyer, or by other method, which may be determined by the body, conducting the investigations, if the imported goods are not resold to the independent buyer or not resold in the form in which it was imported to the customs territory of the Union. Upon that for the purposes of comparison of export price of goods with its normal value shall be also considered the expenses (as well as the customs duties and taxes), paid in the period between the import and resale of goods, as well as profit.

5. Establishment of damage of a branch of the economy of
the member states due to the dumped import

      66. For the purposes of this section under the damage of a branch of economy of the member states shall be regarded the material damage to the branch of economy of the member states, threat of its damage or significant slowdown of creation of the branch of economy of the member states.
      67. The damage to the branch of economy of the member states due to the dumped import shall be established on the basis of results of analysis of volume of dumped import and influence of such import on the prices of similar goods in the market of the member states and on producers of similar goods in the member states.
      68. The period of investigation for which the details are analyzed for the purposes of determination of existence of damage to the branch of economy of the member states due to the dumped import shall be established by the body, conducting the investigation.
      69. Upon analysis of the volume of dumped import, the body conducting the investigations shall determine whether there was a substantial increase of dumped import of goods, being the object of investigation (in the absolute indicators or concerning the production or consumption of similar goods in the member states).
      70. Upon impact analysis of dumped import on the prices of similar goods on the market of the member states, conducting the investigations shall establish:
      1) whether there were the prices of goods being the subject of dumped import, significantly lower than the prices of similar goods on the market of the member states;
      2) whether the dumped import led to a significant reduction in prices of similar goods on the market of the member states;
      3) whether the significantly dumped import prevented to the price increase of similar goods on the market of the member states, which would have occurred in the case of absence of such import.
      71. In the case if the subject of investigations, conducted simultaneously is the import of goods to the customs territory of the Union from more than one of exporting third country, the body conducting the investigations may evaluate the joint impact of such import only in the case, if it establishes the following:
      1) margin of dumping, determined in relation of import of goods, being the object of investigation from each of exporting third country exceeds the minimum allowable margin of dumping, and the volume of import of these goods from each of the exporting third country shall not be insignificant in recognition of provisions of paragraph 223 of this Minute;
      2) assessment of joint impact of import of goods is possible in recognition of conditions of competition between the imported goods and similar goods, produced in the member states.
      72. Analysis of impact of dumped import on the branch of economy of the member states shall be concluded in the assessment of all economic factors, having the relations to the state of the branch of economy of the member states, including:
      the degree of restore of economic situation of the branch of economy of the member states after impact on it of previously occurred dumped or subsidized import;
      happened or possible in the future of decline in production, the sale of goods, the shares of it on the market of the member states, profits, productivity, incomes from investments or use of production capacity;
      factors having an impact on the prices of goods in the market of the member states;
      the amount of margin of dumping;
      happened or possible in the future of negative impact on the rate of increase of production of goods, stocks of goods, employment level, salary, possibility of attracting investments and financial condition.
      Upon that none or none of the few factors may have fundamental importance for establishment of damage to the branch of economy of the member states due to the dumped import.
      73. Conclusion on existence of cause and effect relationship between the dumped import and damage of a branch of economy of the member states shall be based on analysis of all evidences and details, relating to the case and available to the body, conducting the investigations.
      74. The body conducting the investigations, besides the dumped import shall analyze other known factors, as a result of which the damage of a branch of economy of the member states is caused in the same period.
      The factors which may be considered as relating to the case shall include, in particular, the volume and prices of imported goods, not sold at dumping prices, diminution in demand or change in the structure of consumption, restrictive trade practice, technological achievements, as well as the export indicators and productivity of a branch of economy of the member states.
      The damage caused due to these factors of the branch of economy of the member states shall not be related to the damage to the branch of economy of the member states due to the dumped import to the customs territory of the Union.
      75. Impact of dumped import on the branch of the member states shall be evaluated in respect to production of similar goods in the member states, if the available data allow allocating production of similar goods on the basis of such criteria, as production process, sale of similar goods by their producers and profit.
      In the case if the available data does not allow allocating production of similar goods, the impact of dumped import on the branch of economy of the member states shall be evaluated in respect to production of the narrowest group or nomenclature of goods, which includes the similar goods and which has the necessary data.
      76. Upon establishment of a threat of causing of material damage to the branch of economy of the member states due to the dumped import, the body conducting the investigations shall consider all available factors, as well as the following:
      1) rate of growth of dumped import, certifying on real possibility of further increase of such import;
      2) existence of goods of the exporter, being the subject of dumped import, sufficient export opportunities or evident necessity of their increase which certify on real possibility of increase of dumped import of these goods, in recognition of possibility of other export markets to accept any of additional export of these goods;
      3) the level of prices of goods being the object of investigation, if such level of prices may lead to reduction or regulation of price of similar goods on the market of the member states and further increase in demand for goods, being the object of investigation;
      4) existence of stocks of goods of the exporter, being the object of investigation.
      77. Decision on existence of a threat of causing of material damage to the branch of economy of the member states shall be adopted in the case, if in the course of investigation at the results of analysis of factors, specified in paragraph 76 of this Minute, the body conducting the investigations came to conclusion on necessity of continuation of dumped import and causing of material damage to the branch of economy of the member states by such import in the case of failure to take antidumping measure.

6. Introduction of preliminary antidumping duty

      78. In the case if information, received by body, conducting the investigations, before completion of investigation certifies on existence of dumped import and damage to the branch of economy of the member states conditioned by this, the decision on application of antidumping measure by introduction of preliminary antidumping duty for the purposes of prevention of damage to the branch of economy of the member states, caused by the dumped import in the period of conducting of investigation shall be adopted by Commission on the basis of report, specified in paragraph 7 of this Minute.
      79. Preliminary antidumping duty may not be introduced earlier than 60 calendar days from the date of commencement of investigation.
      80. The rate of preliminary antidumping duty shall be sufficient for elimination of damage to the branch of economy of the member states, but not more than the amount of pre-calculated margin of dumping.
      81. In the case if the rate of preliminary antidumping duty is equal to the amount of pre-calculated margin of dumping, the term of validity of preliminary antidumping duty shall not exceed 4 months, except for the case if the term is extended to 6 months on the basis of request of exporters, the share of which in the volume of dumped import of goods, being the object of investigation composes the major part.
      82. In the case if the rate of preliminary antidumping duty is less than the pre-calculated margin of dumping, the term of validity of preliminary antidumping duty shall not exceed 6 months, except for the case, if this term is extended to 9 months on the basis of request of exporters, the share of which in the volume of dumped import of goods, being the object of investigation composes the major part.
      83. In the case if according to the results of investigation it is established by the body conducting the investigations that there are no grounds for introduction of antidumping measure, or the decision on non-application of antidumping measure is adopted in accordance with paragraph 272 of this Minute, the amounts of preliminary antidumping duty shall subject to return to the payer in the manner provided by the annex to this Minute.
      The body conducting the investigations shall timely inform the customs bodies of the member states on the absence of grounds for introduction of antidumping measure or on adoption of decision on non-application of antidumping measure by Commission.
      84. In the case if according to the results of investigation the decision on application of antidumping measure is adopted on the basis of existence of a threat of causing of material damage to the branch of economy of the member states or significant slowdown of creation of a branch of economy of the member states, the amounts of preliminary antidumping duty shall subject to return to the payer in the manner provided by annex to this Minute.
      85. In the case if according to the results of investigation the decision on application of antidumping measure is adopted on the basis of existence of material damage of a branch of economy of the member states or the threat of its causing (upon condition that non-introduction of preliminary antidumping duty would have led to determination of existence of material damage to the branch of economy of the member states), the amounts of preliminary antidumping duty from the date of entering of decision on application of antidumping measure into legal force shall subject to crediting and distribution in the manner provided by annex to this Minute in recognition of provisions of paragraphs 86 and 87 of this Minute.
      86. In the case if according to the results of investigation, the introduction of lower rate of antidumping duty than the rate of preliminary antidumping duty is recognized as appropriate, the amounts of preliminary antidumping duty, relevant to the amounts of antidumping duty, calculated according to the established rate of antidumping duty shall subject to crediting and distribution in the manner provided by annex to this Minute.
      The amounts of preliminary antidumping duty, exceeding the amount of antidumping duty, calculated according to the established rate of antidumping duty shall subject to return to the payer in the manner provided by annex to this Minute.
      87. In the case if according to the results of investigation the introduction of a higher rate of antidumping duty than the rate of preliminary antidumping duty is recognized as appropriate, the difference between the amounts of antidumping duty and preliminary antidumping duty shall not be charged.
      88. Preliminary antidumping duty shall be applied upon condition of simultaneous continuation of the investigation.
      89. Decision on introduction of preliminary antidumping duty shall be adopted, as a rule, not later than 7 months from the date of commencement of investigation.

7. Acceptance of goods, being the object of investigation,
price obligations by the exporter

      90. The investigation may be suspended or terminated by the body, conducting the investigation, without introduction of preliminary antidumping duty or antidumping duty upon reception by them of goods, being the object of investigation, price obligations in written form from the exporter on price revision of these goods or on termination of its export to the customs territory of the Union on prices lower of its normal value (in the presence of persons in the member states related with exporter it is also necessary the applications of these persons on support of these obligations), if the body conducting the investigations come to the conclusion that adoption of specified obligations will eliminate the damage, caused by the dumped import, and Commission adopts the decision on their approval.
      The price level of goods according to these obligations shall not be higher than necessary for elimination of margin of dumping.
      Increase of the price of goods may be less than the margin of dumping, if such increase is sufficient for elimination of damage of a branch of economy of the member states.
      91. Decision on approval of price obligations shall not be adopted by the Commission until the body, conducting the investigations does not come to the preliminary conclusion on existence of dumped import and damage to the branch of economy of the member states conditioned by this.
      92. Decision on approval of price obligations shall not be adopted by the Commission, if the body conducting the investigations comes to the conclusion on unacceptability of their approval in connection with a large number of real or potential exporters of goods, being the object of investigation or by other reasons.
      The body conducting the investigations, as far as possible shall give the reasons to the exporters, on which the approval of their price obligations was considered as unacceptable and provide an opportunity to make comments in connection with this.
      93. The body conducting the investigations shall direct to each exporter, accepted the price obligations, the request on provision of their non-confidential version to have a possibility to provide it to the interested persons.
      94. The body, conducting the investigations may offer to the exporters to accept the price obligations but may not require their acceptance.
      95. In the case of adoption of decision on approval of price obligations by the Commission, the antidumping investigation may be continued at the request of exporter of goods or by the decision of body, conducting the investigations.
      If according to the results of investigation the body, conducting the investigations comes to the conclusion on the absence of dumped import or damage to the branch of economy of the member states conditioned by it, the exporter accepted the price obligations shall be automatically released from such obligations, except for the case, when the specified conclusion is the result of the existence of such obligations to a significant extent. In the case if the made conclusion is the result of existence of price obligations to a significant extent, the decision that such obligations shall remain in force during the necessary period of time may be adopted by the Commission.
      96. In the case if according to the results of investigation the body conducting the investigations comes to the conclusion on existence of dumped import and damage to the branch of economy of the member states conditioned by it, the price obligations accepted by the exporter shall continue to have effect in accordance with their conditions and provisions of this Minute.
      97. The body, conducting the investigations shall have a right to request from the exporter, the price obligations of which were approved by the Commission, the details concerning their execution as well as the consent to the verification of these details.
      Non-presentation of requested details in the term, established by the body conducting the investigations, as well as disagreement to the verification of these details shall be considered as the violation of price obligations accepted by the exporter.
      98. In the case if violations or revocations of price obligations by the exporter the Commission may adopt the decision on application of antidumping measure by introduction of preliminary antidumping duty (if the investigation is not yet complete) or antidumping duty (if the final results of investigation certify on existence of grounds for its introduction).
      In the case of violation of price obligations by the exporter, the opportunity to comment in connection with such violations shall be provided to it.
      99. The rate of preliminary antidumping duty or antidumping duty, which may be introduced in accordance with paragraph 98 of this Minute shall be determined in the decision of Commission on approval of price obligations.

8. Introduction and application of antidumping duty

      100. Antidumping duty shall be applied in relation of goods, which are supplied by all exporters and are the subject of dumped import, caused a damage to the branch of economy of the member states (except for the goods, supplied by the exporters, the price obligations of which were approved by the commission in accordance with paragraphs 90-99 of this Minute).
      101. The amount of antidumping duty shall be sufficient for elimination of damage to the branch of economy of the member states, but not more than the amount of calculated margin of dumping.
      The Commission may adopt a decision on introduction of antidumping duty in the amount less than the amount of calculated margin of dumping, if such amount is sufficient for elimination of damage to the branch of economy of the member states.
      102. The Commission shall establish the individual amount of the rate of antidumping duty in relation of goods, supplied by each exporter or producer of goods, being the subject of dumped import for which the individual margin of dumping was calculated.
      103. Except for the individual amount of the rate of antidumping duty, specified in paragraph 102 of this Minute, the Commission shall establish the single rate of antidumping duty for goods, supplied by all other exporters or producers of goods from the exporting third country, for which the individual margin of dumping was not calculated, on the basis of the highest margin of dumping, calculated in the course of investigation.
      104. Antidumping duty may be applied in relation of goods, placed under the customs procedure, the condition of placement of which is the payment of antidumping duties, not earlier than 90 calendar days before the date of introduction of preliminary antidumping duty, if according to the results of investigation, the body conducting the investigations is simultaneously established the following, in relation of these goods:
      1) earlier the dumped import, which caused the damage is occurred, or importer knew or should have known that the exporter supplies the good at the price less than its normal value and that such import of goods may damage the branch of economy of the member states;
      2) the damage to the branch of economy of the member states is caused by the essentially increased dumped import during relatively short time period, which in recognition of duration and volume, as well as other circumstances (as well as rapid growth of stock reserves of imported goods) may significantly reduce the effect of reducing from introduction of antidumping duty upon condition, that the opportunity to make comments is provided to the importers of these goods before the end of investigation.
      105. The body conducting the investigations shall publish a notification, contained a warning on possible application of antidumping duty in accordance with paragraph 104 of this Minute in relation of goods, being the object of investigation, in the official sources, provided by the Agreement after the date of commencement of investigation.
      Decision on publication of such notification shall be adopted by the body, conducting the investigations, at the request of the branch of economy of the member states, contained the sufficient evidences of execution of conditions, specified in paragraph 104 of this Minute, or on its own initiative in the existence of available evidences of the body conducting the investigations.
      Antidumping duty may not be applied in relation of goods, placed under the customs procedures, the condition of placement of which is the payment of antidumping duties, before the date of official publication of notification, specified in this paragraph.
      106. The additional methods of notification of interested persons on possible application of antidumping duty may be established by the legislation of the member states in accordance with paragraph 104 of this Minute.

9. The term of validity and revision of antidumping measure

      104. Antidumping measure shall be applied by the decision of Commission in the amount and during the term, which are necessary for elimination of the damage to the branch of economy of the member states due to the dumped import.
      108. The term of validity of antidumping measure shall not exceed 5 years from the date of commencement of application of such measure or from the date of completion of the reinvestigation, which is conducted in connection with the changed circumstances and simultaneously concerned the analysis of dumped import and caused damage to the branch of economy of the member states or which is conducted in connection with expiration of the term of validity of antidumping measure.
      109. The reinvestigation in connection with expiration of the term of validity of antidumping measure shall be conducted on the basis of application in written form, filed in accordance with paragraphs 186-198 of this Minute or on its own initiative of the body, conducting the investigations.
      The reinvestigation in connection with expiration of the term of validity of antidumping measure shall be conducted in the existence of details on possibility of renewal or continuation of dumped import and causing the damage to the branch of economy of the member states upon termination of validity of the antidumping measure in the application.
      An application on conducting of reinvestigation in connection with expiration of the term of validity of antidumping measure shall be filed not later than 6 months before expiration of the term of validity of antidumping measure.
      The reinvestigation shall be initiated before expiration of the term of validity of antidumping measure and completed within 12 months from the date of its commencement.
      Application of antidumping measure shall be extended by the decision of Commission before completion of reinvestigation conducted in accordance with this paragraph. Antidumping duties shall be paid on the rates of antidumping duties, which were established in connection with application of antidumping measure, the term of validity of which is extended in connection with conducting of reinvestigation during the term, on which the application of relevant antidumping measure is extended in the manner established for collection of preliminary antidumping duties.
      In the case if according to the results of reinvestigation in connection with expiration of the term of validity of antidumping measure it is established by the body, conducting the investigations that there are no the grounds for application of antidumping measure, or the decision on non-application of antidumping measure is adopted in accordance with paragraph 272 of this Minute, the amounts of antidumping duty, charged in the manner established for collection of preliminary antidumping duties, during the term, on which the application of antidumping measure is extended shall subject to return to the payer in the manner provided by annex to this Minute.
      The body conducting the investigations shall timely inform the customs bodies of the member states on the absence of the grounds for application of antidumping measure or on adoption of decision on non-application of antidumping measure by the Commission.
      Validity of antidumping measure shall be extended by the Commission in the case, if according to the reinvestigation in connection with expiration of the term of validity of antidumping measure, the possibility of renewal or continuation of dumped import and causing damage to the branch of economy of the member states is established by the body conducting the investigations. The amounts of antidumping duties, charged in the manner established for collection of preliminary antidumping duties shall subject to crediting and distribution in the manner provided by annex to this Minute during the term on which the application of antidumping measure was extended from the date of entering of decision of Commission on extension of antidumping measure to the legal force.
      110. Upon the application of the interested person, in the case if after introduction of antidumping measure passed at least 1 year, or on the initiative of the body, conducting the investigations may be conducted the reinvestigation for the purposes of determination of feasibility of continuation of application of antidumping measure and (or) its revision (as well as revision of individual amount of the rate of antidumping duty) in connection with the changed circumstances.
      Depending on the purposes of filing of application on conducting of reinvestigation, such application shall contain the evidences that in connection with the changed circumstances of:
      continuation of application of antidumping measure is not required for counteraction to the dumped import and elimination of damage to the branch of economy of the member states due to the dumped import;
      the current amount of antidumping measure exceeds the amount, sufficient for counteraction to the dumped import and elimination of damage to the branch of economy of the member states due to the dumped import;
      the current antidumping measure is not sufficient for counteraction to the dumped import and elimination of damage to the branch of economy of the member states due to the dumped import.
      The reinvestigation conducted in accordance with this paragraph shall be completed during 12 months from the date of its commencement.
      111. The reinvestigation may be also conducted for the purposes of establishment of individual margin of dumping for the exporter or producer, who are not carried out in the period of investigation of supply of goods, being the subject of dumped import. Such reinvestigation may be commenced by the body, conducting the investigations, in the case of filing of application on its conducting by the specified exporter or producers, containing the evidences that the exporter or producer of goods is not related with exporters and producers, in relation of which the antidumping measure is applied, and that the exporter or producer carries out the supplies of goods, being the object of investigation, to the customs territory of the Union or related by contractual obligations on supply of significant volumes of such goods to the customs territory of the Union, termination or revocation of which will lead to the significant losses or to the significant penalties for this exporter or producer of goods.
      In the period of conducting of reinvestigation for the purposes of establishment of individual margin of dumping for the exporter or producer in relation of supplies of goods, being the object of investigation, to the customs territory of the Union, by this exporter or producer, the antidumping duty shall not be paid before adoption of decision according to the results of specified reinvestigation. Upon that in relation of such goods, imported (imported) to the customs territory of the Union in the period of conducting of reinvestigation shall be provided ensuring of payment of antidumping duty in the manner provided by the Custom Code of the Eurasian economic union, for ensuring of payment of imported customs duties, in recognition of features, established by this paragraph.
      The body conducting the investigations shall timely inform the customs bodies of the member states on the date of commencement of reinvestigation.
      Ensuring of payment of antidumping duty shall be provided by the monetary means (money) in the amount of the sum of antidumping duty, calculated on the single rate of antidumping duty, established in accordance with paragraph 103 of this Minute.
      In the case if according to the results of reinvestigation the decision on application of antidumping measure is adopted, the antidumping duty shall subject to the payment for the period of conducting of such reinvestigation. The amount of ensuring from the date of entering of decision on application of antidumping measure, adopted according to the results of reinvestigation, to the legal force shall subject to crediting of payment of antidumping duty in the amount, determined based on the established rate of antidumping duty, calculation and distribution in the manner provided by annex to this Minute, in recognition of provisions to this paragraph.
      In the case if according to the reinvestigation, the introduction of the highest rate of antidumping duty is recognized as appropriate than the rate, on the basis of which the amount of ensuring of payment of antidumping duty is determined, the difference between the amounts of antidumping duty, calculated on the rate, established according to the reinvestigation and single rate of antidumping duty shall not be charged.
      The amounts of ensuring, exceeding the amounts of antidumping duty, calculated on the established rate of antidumping duty shall subject to return to the payer in the manner provided by the Customs Code of the Eurasian economic union.
      The reinvestigation provided by this paragraph shall be conducted in the possibly shortest time, which may not exceed 12 months.
      112. Provisions of section VI of this Minute concerning provision of evidences and conducting of antidumping investigation shall be applied in relation of reinvestigation, provided by paragraphs 107-113 of this Minute in recognition of relevant differences.
      113. Provisions of paragraphs 107-112 of this Minute shall be applied in relation of obligations, adopted by the exporter in accordance with paragraphs 90-99 of this Minute, in recognition of relevant differences.

10. Establishment of evasion of antidumping measure

      114. For the purposes of this section the evasion of antidumping measure shall be regarded as the change of the method of supplies of goods for evasion from payment of antidumping duty or from execution of price obligations, accepted by the exporter.
      115. The reinvestigation for the purposes of establishment of evasion of antidumping measure may be initiated upon the application of the interested person or on its own initiative of body, conducting the investigations.
      116. The application specified in paragraph 115 of this Minute shall contain the evidences:
      1) evasion of antidumping measure;
      2) cancellation of effect of antidumping measure due to its evasion and influence of this factor on the volumes of production and (or) sale and (or) prices of similar goods in the market of the member states;
      3) existence of dumped import of goods (integrated parts and (or) derivatives of such goods) in the results of evasion of antidumping measure. Upon that for the normal value of goods, its integrated parts or derivatives shall be applied their normal value, determined in the course of investigation, according to the results of which the antidumping measure was introduced by the Commission, in recognition of relevant corrections for the purposes of comparison.
      117. The reinvestigation for the purposes of establishment of evasion of antidumping measure shall be completed during 9 months from the date of its commencement.
      118. The antidumping duty on the integrated parts and (or) derivatives goods, being the subject of dumped import, imported to the customs territory of the Union from the exporting third country, as well as on goods, being the subject of dumped import and (or) its integrated parts and (or) derivatives, imported to the customs territory of the Union from other exporting third country, charged in the manner established for collection of preliminary antidumping duties may be introduced by Commission for the period of reinvestigation, conducted in accordance with paragraphs 115-120 of this Minute.
      119. In the case if according to the results of reinvestigation, conducted in accordance with paragraphs 115-120 of this Minute, the evasion of antidumping measure, the amount of antidumping duty, paid in accordance with paragraph 118 of this Minute and in the manner established for collection of preliminary antidumping duty are not established by the body, conducting the investigations shall subject to return to the payer in the manner provided by annex to this Minute.
      The body conducting the investigation shall timely inform the customs bodies of the member states that the evasion of antidumping measure is not established.
      120. The antidumping measure in the case of establishment of evasion of antidumping measure may be distributed by the Commission to the integrated parts and (or) derivatives foods, being the subject of dumped import, imported to the customs territory of the Union from the exporting third country, as well as on the goods, being the subject of dumped import and (or) its integrated parts and (or) derivatives, imported to the customs territory of the Union from other exporting third country according to the results of reinvestigation, conducted in accordance with paragraphs 115-120 of this Minute. The amounts of antidumping duties, paid in the manner established for collection of preliminary antidumping duties shall subject to crediting and distribution in the manner provided by the annex to this Minute from the date of entering of decision of Commission on introduction of antidumping measure, specified in this paragraph into legal force.

V. Compensatory measures

      121. The subsidies in this Minute shall be regarded as:
      1) financial assistance, carried out by the subsiding body, giving the additional advantages to the recipient of grants and rendered within the territory of exporting third country, as well as in the form of:
      direct transfer of monetary means (as well as in the form of dotation, loans and purchase of shares) or obligations on transfer of such means (as well as in the form of loan guarantees);
      charge-off means or full or partial refusal from collection of means, which may be received to the income of exporting third country (as well as by provision of tax credits), except for the cases of exception of exported goods from taxes or duties, charged from the similar goods, intended for internal consumption, or except for reduction or refund of such taxes or duties in the amounts, not exceeding actually paid amounts;
      preferential or free provision of goods or services, except for the goods or services, intended for support or development of common infrastructure, in other words infrastructure, not related with the specific producer and (or) exporter;
      preferential purchase of goods;
      2) any form of support of incomes or prices, giving the additional advantages to the recipient of grants, the direct or indirect results of which is increase of export of goods from exporting third country or reduction of import of similar goods in the third country.

1. Principles of allocation of subsidies of exporting
third country to the specific

      122. The subsidy of exporting third country shall be specific, if only the separate organizations are allowed to use the subsidy by the subsidizing body or legislation of exporting third country.
      123. In this section the separate organizations shall be regarded as the concrete producer and (or) exporter, or the specific branch of economy of exporting third country, or the group (union, association) of producers and (or) exporters or the branch of economy of exporting third country.
      124. The subsidy shall be specific, if the number of separate organizations, which are allowed to the use of this subsidy, is restricted by organizations, located in a specific geographic region, being under the jurisdiction of subsidizing body.
      125. The subsidy shall not be specific, if the general objective criteria or conditions, which determine the unconditional right for the use of subsidy are established by the legislation of exporting third country or subsidizing body and its amount (as well as depending on the number of employees, engaged in production process, or on the volume of release of products) is strictly observed.
      126. In any case the subsidy of exporting third country shall be specific subsidy, if provision of such subsidy is accompanied by:
      1) restriction of number of separate organizations, which are allowed to the use of subsidy;
      2) preferential use of subsidy by the separate organizations;
      3) provision of disproportionately large amounts of subsidy to the separate organizations;
      4) choose of concessional (preferential) method of provision of subsidy to the separate organizations by the subsidizing body.
      127. Any of subsidy of exporting third country shall be specific subsidy, if:
      1) subsidy is related with export of goods in accordance with the legislation of the exporting third country or actually as the only condition or one of the several conditions. The subsidy shall be considered as actually related with export of goods, if its provision, not related with export of goods in accordance with the legislation of exporting third country, in practice, related with export of goods or export earnings occurred or possible in future. In its own right the fact of provision of subsidy by the exporting enterprise does not mean provision of subsidy, related with the export of goods in the meaning of this paragraph;
      2) subsidy is related in accordance with the legislation of exporting third country or actually as the only condition or one of the several conditions with the use of goods, produced in the exporting third country, instead of the imported goods.
      128. The decision of body, conducting the investigations, on allocation of subsidy of exporting third country to the specific shall be based on the evidences.

2. Principles of determination of the amount of
specific subsidy

      129. The amounts of specific subsidy shall be determined on the basis of amount of benefit, derived by the recipient of such subsidy.
      130. The amounts of benefit, derived by the recipient of specific subsidy shall be determined on the basis of the following principles:
      1) participation of subsidizing body in the capital of organization shall not be considered as provision of benefit, if such participation may not be recognized as not corresponding to the usual investment practice (including provision of risk capital) in the territory of exporting third country;
      2) credit, provided by the subsidizing body shall not be considered as provision of benefit, if there is no the difference between the amount, which organization-recipient of credit pays for the state credit, and the amount that it would have paid for the comparable commercial loan, which this organization may receive in the credit market of exporting third country. In the contrary case the benefit is the difference between these amounts;
      3) credit guarantee shall not be considered as provision of benefit by the subsidizing body, if there is no the difference between the amounts, which organization-recipient of guarantee pays for the credit, and the amount that it would have paid for the comparable commercial loan without the state guarantee. In the contrary case the benefit is the difference between these amounts with correction for difference in the commissions;
      4) supply of goods or services, or the purchase of goods shall not be considered as provision of benefit, if only the goods and services are supplied for the less than adequate remuneration or the purchase are not made ??for more than adequate remuneration. The adequacy of remuneration shall be determined on the basis of existing market conditions of purchase and sale of these goods and services in the market of exporting third country, including the price, quality, availability, liquidity, transportation and other conditions of purchase or sale of goods.

3. Establishment of damage of a branch of economy of the
member states due to the subsidized import

      131. For the purposes of this section under the damage of a branch of economy of the member states shall be regarded the material damage to the branch of economy of the member states, the threat of its causing or significant slowdown of creation of the branch of economy of the member states.
      132. The damage to the branch of economy of the member states due to the subsidized import shall be established on the basis of results of analysis of the volume of subsidized import and influence of such import on the prices of similar goods in the market of the member states and on producers of similar goods in the member states.
      133. Period of investigation, for which the details are analyzed for the purposes of determination of existence of damage to the branch of economy of the member states due to the subsidized import shall be established by the body, conducting the investigations.
      134. Upon analysis of the volume of subsidized import the body, conducting the investigations shall determine whether there was a significant increase of subsidized import of the goods, being the object of the investigation (in the absolute terms or relative to production or consumption of similar goods in the member states).
      135. In the case if the subject of investigations, conducted simultaneously, is the subsidized import of any of goods to the customs territory of the Union from more than one exporting third country, the body conducting the investigations may evaluate the joint effect of such import only in the case, if it determines the following:
      1) the amount of subsidy in each exporting third country on these goods is more than 1 percent of its value and the volume of subsidized import from each of the exporting third country is insignificant in accordance with paragraph 228 of this Minute;
      2) the assessment of joint impact of import of goods, being the subject of subsidizing import is possible in recognition of conditions of competition between the imported goods and conditions of competition between the imported goods and similar goods, produced in the member states.
      136. Upon analysis of impact of subsidized import on the prices of similar goods in the market of the member states, the body conducting the investigations shall establish:
      1) whether there were the prices of goods, being the subject of subsidized import, significantly lower than the prices of similar goods in the market of the member states;
      2) whether subsidized import led to a significant reduction in prices of similar goods in the market of the member states;
      3) whether the subsidized import prevented to the price increase of similar goods in the market of the member states, which is occurred in the case of absence of such import.
      137. Analysis of impact of subsidized import on the branch of economy of the member states shall be concluded in the price of all economic factors, concerning the state of the branch of economy of the member states, including:
      1) occurred or possible in future the reduction of production, sale of goods, the shares of goods in the market of the member states, profits, productivity, incomes from the attracted investments or the use of productive capacity;
      2) factors, affecting on the prices of goods in the market of the member states;
      3) occurred or possible in future the negative effect on movement of money flows, stocks of goods, the level of employment, salary, the rates of increase of production and possibility of attracting of investments.
      138. Impact of subsidized import on the branch of economy of the member states shall be estimated relating to production of similar goods in the member states, if available data allows allocating the production of similar goods on the basis of such criteria, as production process, sale of similar goods by their producers and profit.
      In the case if available data do not allow to allocate production of similar goods, the impact of subsidized import on the branch of economy of the member states shall be estimated relating to production of narrowest group or nomenclature of goods, which include the similar goods and on which have the necessary data.
      139. Upon establishment of a threat of causing of material damage to the branch of economy of the member states due to the subsidized import, the body, conducting the investigations shall consider all factors, as well as the following:
      1) the nature, amount of subsidy or subsidies and their possible impact on the trade;
      2) the rates of increase of subsidized import, certifying on real possibility of further increase of such import;
      3) existence of goods, being the subject of subsidized import of the exporter, sufficient export opportunities or evident necessity of their increase, which certify on real possibility of increase of subsidized import of these goods, in recognition of ability of other export markets to adopt any of additional export of these goods;
      4) the level of prices of goods, being the subject of subsidizing import, if such level of prices may lead to reduction or regulation of increase of price of similar goods in the market of the member states, and further increase of demand for the goods, being the subject of subsidized import;
      5) stocks of goods, being the subject of subsidized import of the exporter.
      140. Decision on existence of a threat of causing of material damage to the branch of economy of the member states shall be adopted in the case, if in the course of investigation according to the results of analysis of factors, specified in paragraph 139 of this Minute, the body conducting the investigations came to the conclusion on necessity of continuation of subsidized import and causing of material damage to the branch of economy of the member states by such import in the case of non-adoption of compensatory measures.
      141. Conclusion on existence of cause and effect relationship between the subsidized import and damage to the branch of economy of the member states shall be based on analysis of all evidences and details, relating to the case and available to the body, conducting the investigations.
      142. The body conducting the investigations, besides the subsidized import shall analyze other known factors, as a result of which the damage is caused to the branch of economy of the member states in the same period.
      The damage caused to the branch of economy of the member states due to these factors shall not be referred to the damage to the branch of economy of the member states due the subsidized import to the customs territory of the Union.

4. Introduction of preliminary compensatory duty

      143. In the case if information, received by body, conducting the investigations, before completion of investigation certifies on existence of subsidized import and damage to the branch of economy of the member states conditioned by this, the decision on application of compensatory measure by introduction of preliminary compensatory duty for the term up to 4 months for the purposes of prevention of damage to the branch of economy of the member states, caused by the subsidized import in the period of conducting of investigation shall be adopted by the Commission on the basis of report, specified in paragraph 7 of this Minute.
      144. Preliminary compensatory duty may not be introduced earlier than 60 calendar days from the date of commencement of investigation.
      145. Preliminary compensatory duty shall be introduced in the amount, equal to the pre-calculated value of specific subsidy of exporting third country for one of the subsidized and exported goods.
      146. In the case if according to the results of investigation it is established by the body conducting the investigations that there are no grounds for introduction of compensatory measure, or the decision on non-application of antidumping measure is adopted in accordance with paragraph 272 of this Minute, the amounts of preliminary compensatory duty shall subject to return to the payer in the manner provided by the annex to this Minute.
      The body conducting the investigation shall timely inform the customs bodies of the member states on the absence of grounds for introduction of compensatory measure or on adoption of decision on non-application of compensatory measure by Commission.
      147. In the case if according to the results of investigation the decision on application of compensatory measure is adopted on the basis of existence of a threat of causing of material damage to the branch of economy of the member states or significant slowdown of creation of the branch of economy of the member states, the amounts of preliminary compensatory duty shall subject to return to the payer in the manner provided by annex to this Minute.
      148. In the case if according to the results of investigation the decision on application of compensatory measure is adopted on the basis of existence of material damage of a branch of economy of the member states or the threat of its causing (upon condition that non-introduction of preliminary compensatory duty would have led to determination of existence of material damage to the branch of economy of the member states), the amounts of preliminary compensatory duty from the date of entering of decision on application of antidumping measure into legal force shall subject to crediting and distribution in the manner provided by annex to this Minute in recognition of provisions of paragraphs 149 and 150 of this Minute.
      149. In the case if according to the results of investigation, the introduction of lower rate of compensatory duty than the rate of preliminary compensatory duty is recognized as appropriate, the amounts of preliminary compensatory duty, relevant to the amounts of compensatory duty, calculated according to the established rate of compensatory duty shall subject to crediting and distribution in the manner provided by annex to this Minute.
      The amounts of preliminary compensatory duty, exceeding the amount of compensatory duty, calculated according to the established rate of compensatory duty shall subject to return to the payer in the manner provided by annex to this Minute.
      150. In the case if according to the results of investigation the introduction of a higher rate of compensatory duty than the rate of preliminary compensatory duty is recognized as appropriate, the difference between the amounts of compensatory duty and preliminary compensatory duty shall not be charged.
      151. Preliminary compensatory duty shall be applied upon condition of simultaneous continuation of the investigation.
      152. Preliminary compensatory duty shall be applied in accordance with paragraphs 164-168 of this Minute.
      153. Decision on introduction of preliminary compensatory duty shall be adopted, as a rule, not later than 7 months from the date of commencement of investigation.

5. Adoption of voluntary obligations by the subsidizing
third country or exporters of goods, being the object
of investigation

      154. The investigation may be suspended or terminated without introduction of compensatory duty upon adoption of decision by the Commission on approval of one of the following voluntary obligations (in written form), received by the body conducting the investigations:
      exporting third country agrees to cancel or reduce subsidizing or take the relevant measures for the purposes of elimination of consequences of subsidizing;
      exporter of goods, being the object of investigation agrees to review the prices of such goods (in the existence of persons in the member-states, related with exporter – to ensure support of obligations of exporter on price revision by these persons) established by them, so that the results of analysis of obligations, accepted by the exporter, the body conducting the investigations came to the conclusion that acceptance of such voluntary obligations will eliminate the damage to the branch of economy of the member states.
      According to these obligations, the increase of price of goods, being the object of investigation shall not exceed the amount of specific subsidy of exporting third country, calculated in relation of the unit of subsidized and exported goods.
      Increase of price of goods, being the object of investigation may be less than the amount of specific subsidy of exporting third country, calculated on the unit of subsidized and exported goods, if such increase is sufficient for elimination of the damage to the branch of economy of the member states.
      155. Decision on approval of voluntary obligations shall not be adopted by the Commission until the body conducting the investigations does not come to the preliminary conclusion on existence of subsidized import and damage to the branch of economy of the member states, conditioned by this.
      Decision on approval of voluntary obligations of exporter of goods, being the object of investigation shall not be adopted by the Commission before reception of the consent of the authorized body of exporting third country for acceptance of obligations, specified in the third item of paragraph 154 of this Minute by the exporters.
      156. Decision on approval of voluntary obligations shall not be adopted by the Commission, if the body conducting the investigations came to the conclusion on unacceptability of their approval in connection with the large number of real or potential exporters of goods, being the object of investigations, or for other reasons.
      The body conducting the investigations, as far as possible shall inform the exporters the reasons on which the approval of their voluntary obligations was considered as unacceptable, and shall offer them the opportunity to make the comments in connection with this.
      157. The body conducting the investigations shall direct the request on provision of their non-confidential version to each exporter and authorized body of the exporting third country, which are accepted the voluntary obligations, to have the opportunity to provide it to the interested persons.
      158. The body, conducting the investigations may offer to the exporting third country or exporter of goods, being the object of investigation to accept the voluntary obligations but may not require their acceptance.
      159. In the case of adoption of decision on approval of voluntary obligations by the Commission, the compensatory investigation may be continued at the request of exporting third country or by the decision of body, conducting the investigations.
      In the case if according to the results of investigation the body, conducting the investigations comes to the conclusion on the absence of subsidized import or damage to the branch of economy of the member states conditioned by it, the exporting third country or exporters accepted the voluntary obligations shall be automatically released from such obligations, except for the case, when the specified conclusion is the result of existence of such obligations to a significant extent. In the case if the made conclusion is the result of existence of voluntary obligations to a significant extent, the decision that such obligations shall remain in force during the necessary period of time may be adopted by the Commission.
      160. In the case if according to the results of investigation the body conducting the investigations comes to the conclusion on existence of subsidized import and damage to the branch of economy of the member states conditioned by it, the accepted voluntary obligations shall continue to have effect in accordance with their conditions and provisions of this Minute.
      161. The body conducting the investigations shall have a right to request the details, concerning their execution, as well as the consent for verification of these details from the exporting third country or exporter.
      Non-provision of requested details in the term, established by the body conducting the investigations, as well as disagreement for verification of these details shall be considered as violation by the exporting third country or exporter of accepted voluntary obligations.
      162. In the case of violation of voluntary obligations by the exporting third country or exporter or revocation of such obligations, the Commission may adopt the decision on application of compensatory measure by introduction of preliminary compensatory duty (if the investigation is not yet completed) or compensatory duty (if the final results of investigation certify on existence of the grounds for its introduction).
      The opportunity to make the comments in connection with violation shall be provided to the exporting third country or exporter in the case of violation by them of accepted voluntary obligations.
      The rate of preliminary compensatory duty or compensatory duty, which may be introduced in accordance with paragraph 162 of this Minute shall be determined in the decision of Commission on approval of voluntary obligations.

6. Introduction and application of compensatory duty.

      164. The decision on introduction of compensatory duty shall not be adopted by the Commission, if the specific subsidy of exporting third country was revoked.
      165. The decision on introduction of compensatory duty shall be adopted after the exporting third country, providing specific subsidy was proposed to conduct the consultations, from which the country rejected or in the course of conducting of which the mutually acceptable decision was not reached.
      166. Compensatory duty shall be applied in relation of goods, which are supplied by all exporters and are the subject of subsidized import, causing damage to the branch of economy of the member states (except for the goods, supplied by the exporters, the voluntary obligations of which were approved by the Commission).
      In relation of goods, supplied by separate exporters, the individual amount of the rate of compensatory duty may be established by the Commission.
      167. The rate of compensatory duty shall not exceed the amount of specific subsidy of exporting third country, calculated on the unit of subsidized and exported goods.
      In the case if the subsidy is provided in accordance with different programs of subsidizing, it is considered their total amount.
      The rate of compensatory duty may be less than the amount of specific subsidy of exporting third country, if such rate is sufficient for elimination of damage to the branch of economy of the member states.
      168. Upon determination of the rate of compensatory duty shall be considered the opinion of consumers of the member states, on the economic interests of which the introduction of compensatory duty may affect, received in written form to the body conducting the investigations.
      169. Compensatory duty may be applied in relation of goods, placed under the customs procedure, the condition of placement of which is the payment of compensatory duty, not earlier than 90 calendar days before the date of introduction of preliminary compensatory duty, if according to the results of investigation, the body conducting the investigations is simultaneously established the following, in relation of these goods:
      1) the damage that would be difficult to remove later, caused by the significantly increased import of goods, in relation of which the specific subsidies are paid or provided, during the relatively short period of time;
      2) it is necessary to apply the compensatory duty for the purposes of prevention of recurrence of damage in relation of imported goods, specified in subparagraph 1 of this paragraph.
      170. The body, conducting the investigations shall publish the notification, contained a warning on possible application of compensatory duty in relation of goods, being the object of investigation, in the official sources, provided by Agreement after the date of commencement of investigation in accordance with paragraph 169 of this Minute.
      The decision on publication of such notification shall be adopted by the body conducting the investigations, at the request of a branch of economy of the member states, contained sufficient evidences of execution of conditions, specified in paragraph 169 of this Minute, or on its own initiative in the existence of such evidences available to the body conducting the investigations.
      Compensatory duty may not be applied in relation of goods, placed under the customs procedures, the condition of placement of which is the payment of compensatory duties, before the date of official publication of notification, specified in this paragraph.
      171. The additional methods of notification of interested persons on possible application of compensatory duty may be established by the legislation of the member states in accordance with paragraph 169 of this Minute.

7. The term of validity and revision of compensatory duty.

      172. Compensatory measure shall be applied by the decision of Commission in the amount and during the term, which are necessary for elimination of the damage to the branch of economy of the member states due to the subsidized import.
      173. The term of validity of compensatory measure shall not exceed 5 years from the date of commencement of application of such measure or from the date of completion of the reinvestigation, which is conducted in connection with the changed circumstances and simultaneously concerned the analysis of subsidized import and caused damage to the branch of economy of the member states or which is conducted in connection with expiration of the term of validity of compensatory measure.
      174. The reinvestigation in connection with expiration of the term of validity of compensatory measure shall be conducted on the basis of application (in written form), filed in accordance with paragraphs 186-198 of this Minute or on its own initiative of the body, conducting the investigations.
      The reinvestigation in connection with expiration of the term of validity of compensatory measure shall be conducted in the existence of details on possibility of renewal or continuation of subsidized import and causing the damage to the branch of economy of the member states upon termination of validity of the compensatory measure in the application.
      An application on conducting of reinvestigation in connection with expiration of the term of validity of compensatory measure shall be filed not later than 6 months before expiration of the term of validity of compensatory measure.
      The reinvestigation shall be initiated before expiration of the term of validity of compensatory measure and completed within 12 months from the date of its commencement.
      Application of compensatory measure shall be extended by the decision of Commission before completion of reinvestigation conducted in accordance with this paragraph. Compensatory duties shall be paid on the rates of compensatory duties, which were established in connection with application of compensatory measure, the term of validity of which is extended in connection with conducting of reinvestigation during the term, on which the application of relevant compensatory measure is extended in the manner established for collection of preliminary compensatory duties.
      In the case if according to the results of reinvestigation in connection with expiration of the term of validity of compensatory measure it is established by the body, conducting the investigations that there are no the grounds for application of compensatory measure, or the decision on non-application of compensatory measure is adopted in accordance with paragraph 272 of this Minute, the amounts of compensatory duty, charged in the manner established for collection of preliminary compensatory duties, during the term, on which the application of compensatory measure is extended shall subject to return to the payer in the manner provided by annex to this Minute.
      The body conducting the investigations shall timely inform the customs bodies of the member states on the absence of the grounds for application of compensatory measure or on adoption of decision on non-application of compensatory measure by the Commission.
      Validity of compensatory measure shall be extended by the Commission in the case, if according to the reinvestigation in connection with expiration of the term of validity of compensatory measure, the possibility of renewal or continuation of subsidized import and causing damage to the branch of economy of the member states is established by the body conducting the investigations. The amounts of compensatory duties, charged in the manner established for collection of preliminary compensatory duties shall subject to crediting and distribution in the manner provided by annex to this Minute during the term on which the application of compensatory measure was extended from the date of entering of decision of Commission on extension of compensatory measure to the legal force.
      175. Upon the application of the interested person, in the case if after introduction of compensatory measure passed at least 1 year, or on the initiative of the body, conducting the investigations may be conducted the reinvestigation for the purposes of determination of feasibility of continuation of application of compensatory measure and (or) its revision (as well as revision of individual amount of the rate of compensatory duty) in connection with the changed circumstances.
      Depending on the purposes of filing of application on conducting of reinvestigation, such application shall contain the evidences that in connection with the changed circumstances of:
      continuation of application of compensatory measure is not required for counteraction to the subsidized import and elimination of damage to the branch of economy of the member states due to the dumped import;
      the current amount of compensatory measure exceeds the amount, sufficient for counteraction to the subsidized import and elimination of damage to the branch of economy of the member states due to the subsidized import;
      the current compensatory measure is not sufficient for counteraction to the subsidized import and elimination of damage to the branch of economy of the member states due to the dumped import.
      The reinvestigation conducted in accordance with this paragraph shall be completed during 12 months from the date of its commencement.
      176. Provisions of section VI of this Minute concerning provision of evidences and conducting of investigation shall be applied in relation of reinvestigation, provided by paragraphs 172-178 of this Minute in recognition of relevant differences.
      113. Provisions of paragraphs 172-178 of this Minute shall be applied in relation of obligations, adopted by the exporter in accordance with paragraphs 154-163 of this Minute, in recognition of relevant differences.
      178. The reinvestigation may be also conducted for the purposes of establishment of the amount of individual rate of compensatory duty for the exporter, in relation of which the compensatory measure is applied, by the investigation is not conduced for other reasons, that the refusal to cooperate. Such reinvestigation may be initiated by the body, conducting the investigations upon the application of the specified exporter.

8. Establishment of evasion of compensatory measure

      179. For the purposes of this section the evasion of compensatory measure shall be regarded as the change of the method of supplies of goods for evasion from the payment of compensatory duty or from execution of accepted voluntary obligations.
      180. The reinvestigation for the purposes of establishment of evasion of compensatory measure may be initiated upon the application of the interested person or on its own initiative of body, conducting the investigations.
      181. The application specified in paragraph 180 of this Minute shall contain the evidences:
      1) evasion of compensatory measure;
      2) cancellation of effect of compensatory measure (due to its evasion) on the volumes of production and (or) sale and (or) prices of similar goods in the market of the member states;
      3) preservation of benefit from provision of specific subsidy of the producer and (or) exporter of goods (integrated parts and (or) derivatives of such goods).
      182. The compensatory duty on the integrated parts and (or) derivatives goods, being the subject of subsidized import, imported to the customs territory of the Union from the exporting third country, as well as on goods, being the subject of subsidized import and (or) its integrated parts and (or) derivatives, imported to the customs territory of the Union from other exporting third country, charged in the manner established for collection of preliminary compensatory duties may be introduced by Commission for the period of reinvestigation, conducted in accordance with paragraphs 179-185 of this Minute.
      183. In the case if according to the results of reinvestigation, conducted in accordance with paragraphs 179-185 of this Minute, the evasion of compensatory measure, the amount of compensatory duty, paid in accordance with paragraph 182 of this Minute and in the manner established for collection of preliminary compensatory duty are not established by the body, conducting the investigations shall subject to return to the payer in the manner provided by annex to this Minute.
      The body conducting the investigation shall timely inform the customs bodies of the member states that the evasion of compensatory measure is not established.
      184. The compensatory measure in the case of establishment of evasion of compensatory measure may be distributed to the integrated parts and (or) derivatives foods, being the subject of subsidized import, imported to the customs territory of the Union from the exporting third country, as well as on the goods, being the subject of subsidized import and (or) its integrated parts and (or) derivatives, imported to the customs territory of the Union from other exporting third country according to the results of reinvestigation, conducted in accordance with paragraphs 179-185 of this Minute. The amounts of compensatory duties, paid in the manner established for collection of preliminary compensatory duties shall subject to crediting and distribution in the manner provided by annex to this Minute from the date of entering of decision of Commission on introduction of compensatory measure, specified in this paragraph into legal force.
      185. The reinvestigation for the purposes of establishment of evasion of compensatory measure shall be completed during 9 months from the date of its commencement.

VI. Conducting of investigations

1. The grounds for conducting of investigations

      186. The investigation for the purposes of establishment of existence of increased import and serious damage to the branch of economy of the member states or a threat of its causing conditioned by it, as well as for the purposes of establishment of dumped or subsidized import and material damage to the branch of economy of the member states conditioned by them, the threat of its causing or significant slowdown of creation of the branch of economy of the member states shall be conducted by the body, conducting the investigations on the basis of application in written form or on its own initiative.
      187. The application, specified in paragraph 186 of this Minute shall be filed:
      1) to the producers of similar or directly competitive goods (upon filing of statement on application of special protective measure) or similar goods (upon filing of statement on application of antidumping or compensatory measure) in the member states or its authorized representatives;
      2) association of producers, the number of participants of which includes the producers of essential part, but not less than 25 percent from the total volume of production of similar or directly competitive goods (upon filing of statement on application of special protective measure) or similar goods (upon filing of statement on application of antidumping or compensatory measure) in the member states or authorized representatives of such association.
      188. Authorized representatives of producers and associations, specified in paragraph 187 of this Minute shall have the properly formed powers, approved by the documents, originals of which are presented to the body, conducting the investigations together with the application.
      189. The evidences of support of application by the producers of similar or directly competitive or similar goods in the member states shall be attached to the application, specified in paragraph 186 of this Minute.
      Sufficient evidences to support the application shall be:
      1) the documents on accession of other producers of similar or directly competitive goods in the member states, producing the essential part, but not less than 25 percent from the total volume of production of similar or directly competitive goods in the member states (upon filing of the statement on application of special protective measure) to the application;
      2) the documents, approving that the share of production of similar goods by the producers in the member states (as well as applicant), expressed in support of application, consists not less than 25 percent from the total volume of production of similar goods in the member states upon condition, that the volume of production of similar goods by producers in the member states (as well as applicant), expressed in support of application, consists more than 50 percent from the volume of production of similar goods by producers in the member states, expressed its opinion (support or disagreement) concerning the application (upon filing of the statement on application of antidumping or compensatory measure).
      190. The application, specified in paragraph 186 of this Minute shall contain:
      1) details on applicant, on volume of production in the quantitative or value terms of similar or directly competitive goods (upon filing of the statement on application of special protective measure), similar goods (upon filing of the statement on application of antidumping or compensatory measure) by the branch of economy of the member states during 3 years, directly preceding the date of filing of statement, as well as on volume of production in the in the quantitative or value terms of similar or directly competitive goods (upon filing of the statement on application of special protective measure), or similar goods (upon filing of the statement on application of antidumping or compensatory measure) by the producers in the member states, supported the statement, and on their share in the total volume of production in the member states of similar or directly competitive goods (upon filing of the statement on application of special protective measure), or similar goods (upon filing of the statement on application of antidumping or compensatory measure);
      2) description of goods, imported to the customs territory of the Union, in relation of which it is proposed to introduce the special, antidumping or compensatory measure with specification of the code ТН ВЭД EEU;
      3) the name of exporting third country of origin or departure of goods, specified in subparagraph 2 of this paragraph, on the basis of these customs statistics;
      4) details on known producers and (or) exporters of goods, specified in subparagraph 2 of this paragraph, in the exporting third country and on known importers and basic known consumers of these goods in the member states;
      5) details on the changes of volume of import of goods to the customs territory of the Union, in relation of which it is proposed to introduce the special protective, antidumping or compensatory measure, for the preceding period, as well as for the subsequent period, for which the representative statistical data are available on the date of filing of statement;
      6) details on the change of volume of export of similar or directly competitive goods (upon filing of statement on application of special protective measure) or similar goods (upon filing of statement on application of antidumping or compensatory measure) from the customs territory of the Union for the preceding period, as well as for the subsequent period, for which the representative statistical data are available on the date of filing of statement.
      191. Together with details, specified in paragraph 190 of this Minute, depending on the measure proposed by the applicant in the statement shall be specified:
      1) the evidences of existence of increased import of goods, the evidences of existence of serious damage to the branch of economy of the member states or the threat of its causing due to the increased import of goods, proposal on introduction of special protective measure with specification of the amount and term of validity of such measure and plan of measures on adaptation of the branch of economy of the member states to the work in the conditions of foreign competition during the term of validity, proposed by the applicant of special protective measure (upon filing of the statement on application of special protective measure);
      2) details on export price and normal value of goods, the evidences on existence of material damage to the branch of economy of the member states, or the threat of its causing, or significant slowdown of creation of the branch of economy of the member states due to the dumped import of goods, as well as proposal on introduction of antidumping measure with specification of its amount and term of validity (upon filing of the statement on application of antidumping measure);
      3) details on existence and nature of specific subsidy of exporting third country and, if possible, on its amount, the evidences on existence of material damage to the branch of economy of the member states, or the threat of its causing, or significant slowdown of creation of the branch of economy of the member states due to the subsidized import of goods, as well as proposal on introduction of compensatory measure with specification of its amount and term of validity (upon filing of statement on application of compensatory measure).
      192. The evidences of existence of serious damage to the branch of economy of the member states or the threat of its causing (upon filing of the statement on application of special protective measure) and the evidences of existence of material damage to the branch of economy of the member states, or the threat of its casing, or significant slowdown of creation of the branch of economy of the member states due to the dumped import or subsidized import (upon filing of the statement on application of antidumping measure or compensatory measure) shall be based on the objective factors, which characterize the economic position of the branch of economy of the member states and shall be expressed in the quantitative and (or) value indicators for the preceding period, as well as for the subsequent period, for which the representative statistical data are available on the date of filing of statement (as well as the data on volume of production of goods and volume of its sale, share of goods in the market of the member states, the cost of production of goods, price of goods, capacity rate, employment, labour productivity, the amount of profit, production profitability, volume of investments to the branch of economy of the member states).
      193. Details presented in application shall be accompanied by a reference to their source.
      194. Upon specification of indicators, contained in the statement, the unified monetary and quantitative units shall be used for the purposes of comparability.
      195. Details contained in the statement shall be certified by the heads of producers, presented such details, as well as their employees, responsible for bookkeeping and accounts, in a part, concerning details, directly relating to these producers.
      196. The statement with annex of its non-confidential version (if the statement contains confidential information) shall be presented to the body, conducting the investigations in accordance with paragraph 8 of this Minute and shall subject to registration on the date of receipt of the statement to this body.
      197. The date of filing of the statement shall be considered the date of its registration in the body conducting the investigations.
      198. The statement on application of special protective, antidumping or compensatory measure shall be rejected on the following grounds:
      nonpresentation of materials, specified in paragraphs 189-191 of this Minute upon filing of the statement;
      unreliability of materials, presented by the applicant, provided in paragraphs 189-191 of this Minute;
      nonpresentation of non-confidential version of the statement.
      Rejection of the statement on other grounds shall not be allowed.

2. Initiation of an investigation and its conducting

      199. The body conducting the investigations shall inform the exporting third country on receipts of the statement on application of antidumping or compensatory measure, prepared in accordance with paragraphs 187-196 of this Minute in written form before adoption of decision on initiation of investigation.
      200. The body conducting the investigations shall study the adequacy and reliability of evidences and details, contained in the statement in accordance with paragraphs 189-191 of this Minute during 30 calendar days from the date of registration of the statement before adoption of decision on initiation of investigation. This period may be extended in the case of necessity of reception of additional details by the body conducting the investigations, but shall not exceed 60 calendar days.
      201. The statement may be revoked by the applicant before the initiation of investigation or in the course of its conducting.
      The statement shall be considered as unfiled, if it is revoked before initiation of investigation.
      In the case if the statement is revoked in the course of conducting of investigation, the investigation shall be terminated without introduction of special protective, antidumping or compensatory measure.
      202. The details, contained in the statement shall not subject to the public disclosure before adoption of decision on initiation of investigation.
      203. The body conducting the investigations shall adopt the decision on initiation of investigation or on refusal of its conducting before expiration of the term, specified in paragraph 200 of this Minute.
      204. Upon adoption of decision on initiation of investigation, the body conducting the investigations shall notify the authorized body of exporting third country, as well as other interested persons known to it in written form on adopted decision and ensure publication of notification on initiation of investigation in the official sources, provided by Agreement in the term not more than 10 business days from the date of adoption of specified decision.
      205. The date of publication of notification on initiation of investigation on the official site of the Union and in the Internet shall be recognized the date of initiation of investigation.
      206. The body conducting the investigations may adopt decision on initiation of investigation (as well as on its own initiative) only in the case, if there are the evidences on existence of increased import and serious damage to the branch of economy of the member states conditioned by it or the threat of its causing or existence of dumped or subsidized import and material damage to the branch of economy of the member states conditioned by it, the threat of its causing or significant slowdown of creation of the branch of economy of the member states.
      In the case if available evidences are insufficient, such investigation may not be initiated.
      207. Decision on refusal in conducting of investigation shall be adopted in the case, if the body conducting the investigation, according to the results of consideration of the statement revealed that details, presented in accordance with paragraphs 190-191 of this Minute shall certify on existence of increased, dumped or subsidized import of goods to the customs territory of the Union and (or) material damage to the branch of economy of the member states conditioned by them, or the threat of its causing, or significant slowdown of creation of the branch of economy of the member states due to the dumped or subsidized import or on existence of serious damage to the branch of economy of the member states or the threat of its causing due to the increased import to the customs territory of the Union.
      208. Upon adoption of decision on refusal in conducting of investigation, the body conducting the investigations shall inform the applicant on the reason of refusal in conducting of investigation in written form in the term not more than 10 calendar days from the date of adoption of such decision.
      209. The interested persons shall have a right to apply on its intention to participate in investigation in written form and term, established by this Minute. They are recognized as participants of investigation from the date of registration of the statement on intention to participate in the investigation by the body conducting the investigations.
      An applicant and producers in the member states, expressed in support of the statement shall be recognized as participants of investigation from the date of initiation of investigation.
      210. The interested persons shall have a right to present the details (as well as the confidential information) with specification of the source of reception of such details, necessary for conducting of investigations in the term, not violated the course of investigation.
      211. The body conducting the investigations shall have a right to request the details for the purposes of investigation.
      The requests may be directed to other organizations in the member states.
      The specified requests shall be directed by the head (deputy of the head) of the body conducted the investigations.
      The request shall be considered as received by the interested person from the date of its transfer to the authorized representative of interested person or upon expiration of 7 calendar days from the date of sending a request by mail.
      The response of the interested person shall be presented to the body, conducting the investigations not later than 30 calendar days from the date of reception of request.
      The response shall be considered as received by the body conducting the investigations, if it is received to the body conducting the investigations not later than 7 calendar days from the date of expiration of the term, specified in the fifth item of this paragraph.
      Details presented by the interested person upon expiration of the specified term may be taken into account by the body conducting the investigations.
      The term of presentation of response may be extended by the body conducting the investigations according to the request, motivated and stated in written form.
      212. In the case if the interested person refuses to the body conducting the investigations in provision of necessary information, does not provide it in the established term or provide unreliable information, thus essentially making the conducting of investigation difficult, this interested person shall be recognized as uncooperative and preliminary or final conclusion may be made by the body conducting the investigations on the basis of available information.
      Non-provision of requested information in the electronic form or in the electronic format, determined in the request of the body, conducting the investigations shall not be regarded by the body conducting the investigations as refusal from cooperation upon condition that the relevant interested person may prove that full execution of criteria of provision of information, determined in the request of the body, conducting the investigations is impossible or related with significant material charges.
      In the case if the body conducting the investigations does not consider the information provided by the interested person, by reasons other than specified in the first item of this paragraph, this person shall be informed of the reasons and grounds of adoption of such decision and he (she) shall be made the opportunity to make the comments in this connection in the term, determined by the body conducting the investigations.
      If upon preparation of preliminary or final conclusion of the body conducting the investigations, including determination of normal value of goods (upon conducting of antidumping investigation), the provisions of first item of this paragraph are applied and the information is used (as well as provided by the applicant), the information used upon preparation of such conclusions shall be verified with the use of available information, received from the third party sources or from the interested persons, upon condition, that conducting of such verification does not make the course of investigation difficult and does not lead to violation of the terms of its conducting.
      213. The body conducting the investigations shall direct the copies of the statement or its non-confidential version (in the case if the statement contains the confidential information) to the authorized body of exporting third country and known exporters, as well as provide such copies to other interested persons at their request in short time from the date of adoption of decision on commencement of antidumping or compensatory investigation.
      In the case if the number of known exporters is large, the copy of the statement or its non-confidential version shall be directed only to the authorized body of exporting third country.
      The body conducting the investigations shall provide the copies of the statement or its non-confidential version (in the case if the statement contains the confidential information) to the participants of special protective investigation at their request.
      In the course of investigation, the body conducting the investigations shall provide an opportunity to make acquainted with details, provided in written form by any interested person as the evidences, relating to the subject of investigation to the participants of investigation on their request in recognition of necessity of protection of confidential information.
      In the course of investigation the body conducting the investigations shall provide an opportunity to make acquainted with other details, concerning the investigation and used by them in the course of investigation, but not being confidential information to the participants of investigation.
      214. The body conducting the investigations shall conduct consultations on the subject of conducted investigation at the request of interested persons.
      214. In the course of investigation all interested persons shall be provided an opportunity to protect their interests. For this purpose the body conducting the investigations shall provide the opportunity to all interested persons at their request to meet in order that they may present opposing viewpoints and offer a rebuttal. Such possibility shall be provided in recognition of observation of confidentiality of information. All interested persons shall not be obliged to present at the meeting, and the absence of any of the interested person does not entail causing of damage to its interests.
      216. The consumers, using the goods, being the object of investigation in the manufacturing of products, representatives of public associations of consumers, bodies of the state power (administration), local government bodies, as well as other persons shall have a right to present the details that are relevant to the investigation to the body conducting the investigations.
      217. The term of conducting the investigation shall not exceed:
      1) 9 months from the date of commencement of investigation on the basis of the statement on application of special protective measure. This term may be extended by the body, conducting the investigations, but not more than 3 months;
      2) 12 months from the date of commencement of investigation on the basis of the statement on application of antidumping or compensatory measure. This term may be extended by the body, conducting the investigations but not more than 6 months.
      218. Conducting of investigation shall not prevent the commission of customs operations in relation of goods, being the object of investigation.
      219. The date of completion of investigation shall be the date of consideration of the report by the Commission according to the results of investigation and project of act of the Commission, specified in paragraph 5 of this Minute.
      In the case if the body conducting the investigations made the final conclusion on the absence of the grounds for application, revision or cancellation of special protective, antidumping or compensatory measure, the date of completion of investigation shall be recognized the date of publication of the relevant notification by the body conducting the investigations.
      In the case of introduction of preliminary special duty, preliminary antidumping duty or preliminary compensatory duty, the investigation shall be completed before the expire of validity of relevant preliminary duty.
      220. In the case if the body conducting the investigations, in the course of investigation, establishes the absence of the grounds, provided by the second or third item of paragraph 3 of this Minute, the investigation shall be completed without introduction of special protective, antidumping or compensatory measure.
      221. In the case if during 2 calendar days, directly preceding the date of commencement of investigation, one of the producer, supported the statement, specified in paragraph 186 of this Minute (in recognition of inclusion it to the group of persons within the meaning of section XIII of Agreement) has such share of production of similar or directly competitive goods (upon conducting of investigation, preceding the application of special protective measure) or similar goods (upon conducting of investigation, preceding the application of antidumping or compensatory measure) in the customs territory of the Union, upon which in accordance with the method of assessment of the state of competition, approved by the Commission, the position of this producer (in recognition of inclusion it to the group of persons) on the relevant trade market of the Union may be recognized as dominant, the structure subdivision of Commission, authorized in the scope of control of observation of general rules of competition on the cross-border markets shall make an assessment of consequences of influence of special protective, antidumping or compensatory measure on the competition in the relevant trade market of the Union at the request of the body conducting the investigations.

3. Features of conducting of the antidumping investigation

      222. Antidumping investigation shall be terminated without introduction of antidumping measure, if the body conducting the investigations establishes that the margin of dumping is less than the minimum allowable margin of dumping or the volume of occurred or possible dumped import, or the amount of material damage conditioned by this import, or the threat of its causing, or significant slowdown of creation of the branch of economy of the member states shall be insignificant.
      Upon that under the minimum of allowable margin of dumping shall be regarded as the margin of dumping, the amount of which does not exceed 2 percent.
      223. The volume of dumped import from the determined exporting third country shall be insignificant, if it is less than 3 percent from the total volume of import of goods, being the object of investigation, to the customs territory of the Union, upon condition that the exporting third country, the individual share of each of which in the total volume of import consists less than 3 percent from the total volume of import of goods, being the object of investigation to the customs territory of the Union that in case of accumulation has not more than 7 percent from the total volume of import of goods, being the object of investigation to the customs territory of the Union.
      224. The body conducting the investigations shall inform the interested persons on main findings, made according to the results of investigation before adoption of decision according to the results of antidumping investigation, in recognition of necessity of protection of confidential information and provide an opportunity to make its comments.
      The term of provision of comments of the interested persons shall be established by the body conducting the investigations, but may not be less than 15 calendar days.

4. Features of conducting of compensatory investigation

      225. The body conducting the investigations shall offer to conduct consultations for the purposes of specification of situation concerning the existence, amount and consequences of provision of supposed specific subsidy and achievement of mutually acceptable decision to the authorized body of exporting third country, from which the goods, in relation of which it is proposed to introduce a compensatory measure, are exported after acceptance of the statement for consideration and before adoption of decision on commencement of investigation.
      Such consultations may be continued in the course of investigation
      226. Conducting of consultation, specified in paragraph 225 of this Minute shall not prevent to adopt a decision on commencement of investigation and application of compensatory measure.
      227. Compensatory investigation shall be terminated without introduction of compensatory measure, if the body conducting the investigations establishes that the amount of specific subsidy of exporting third country is minimum or the volume of occurred or possible subsidized import, or the amount of material damage to the branch of economy of the member states conditioned by this import, or the threat of its causing or significant slowdown of creation of the branch of economy of the member states is insignificant.
      228. The amount of specific subsidy shall be recognized as minimum, if it consists less than 1 percent from the cost of goods, being the object of investigation.
      The volume of subsidized import, as a rule shall be recognized as insignificant, if it consists less than 1 percent from the total volume of import of similar goods to the customs territory of the Union upon condition that the exporting third country, individual share of each of which in the import consists less than 1 percent from the total volume of import of similar goods to the customs territory of the Union, in case of accumulation has not more than 3 percent from the total volume of import of similar goods to the customs territory of the Union.
      229. Compensatory investigation in relation of goods, being the subject of subsidized import and originating from the developing or least developed third country-user of the system of tariff preferences of the Union shall be terminated in the case if the body conducting the investigations establishes that the total volume of specific subsidies of exporting third country, provided in relation of these goods does not exceed 2 percent of its value per unit of goods or share of import of these goods from such third country in the total volume of import of these goods to the customs territory of the Union consists less than 4 percent upon condition, that the total share in the import of these goods to the customs territory of the Union from the developing or least developed countries, the share of each of which has less than 4 percent from the total volume of import of these goods to the customs territory of the Union does not exceed 9 percent from the total volume of import of these goods to the customs territory of the Union.
      230. The body conducting the investigations shall inform all interested persons on main findings, made in the course of investigation according to the results of compensatory investigation before adoption of decision in recognition of necessity of protection of confidential information and provide the opportunity to make their comments.
      The term of provision of comments of interested persons shall be established by the body conducting the investigations, but may not be less than 15 calendar days.

5. Features of determination of the branch of economy of the
member states in the case of dumped or subsidized import

      231. Upon conducting of antidumping or compensatory investigation, the branch of economy of the member states shall have the meaning, established by Article 49 of Agreement, except for the cases, specified in paragraphs 232 and 233 of this Minute.
      232. In the case if producers of similar goods in the member states are also the importers of goods, supposedly being the subject of dumped or subsidized import, or related with exporters or importers of goods, supposedly being the subject of dumped or subsidized import, under the branch of economy of the member states may be regarded only other producers of similar goods in the member states.
      Producers of similar goods in the member states shall be considered as related with exporters or importers of goods, supposedly being the subject of dumped or subsidized import in the case if:
      the separate producers of similar goods in the member states directly or indirectly control the exporters or importers of goods, being the object of investigation;
      the separate exporters or importers of goods, being the object of investigation directly or indirectly control producers of similar goods in the member states;
      the separate producers of similar goods in the member states and exporter of importers of goods being the object of investigation, are directly or indirectly controlled by a third person;
      the separate producers of similar goods in the member states and foreign producers, exporters or importers of goods, being the object of investigation, directly or indirectly control the third person upon condition that the body conducting the investigations has reasons to suppose that behavior of these producers different from unrelated persons is conditioned by such relation.
      233. In the exceptional cases upon determination of the branch of economy of the member states, the territory of these states may be considered as the territory, on which there are 2 or more territorially detached competitive markets, and producers in the member states within one of the specified markets may be considered as the separate branch of economy of the member states, if such producers sell in this market for the purposes of consumption or processing at least 80 percent of similar goods, produced by them, and the demand in this market on the similar goods is not satisfied to a significant extend by the producers of these goods, located in the rest territory of the member states.
      In these cases the existence of material damage of the branch of the member states, the threat of its causing or significant slowdown of creation of the branch of economy of the member states due to the dumped or subsidized import may be established, even if the damage is not caused to the main part of the branch of economy of the member states, upon condition that the sale of goods, being the subject of dumped or subsidized import concentrates on one of the specified competitive markets, and dumped or subsidized import causes the damage to all or almost all producers of similar goods in the member states within one of such market.
      234. In the case if the branch of economy of the member states has the meaning, established by paragraph 233 of this Minute, and according to the results of investigation the decision on application of antidumping or compensatory measure is adopted, such measure may be applied in relation of all import of goods to the customs territory of the Union.
      In the specified case the antidumping or compensatory duty shall be introduced only after provision of an opportunity to stop the export of these goods to this territory on dumping prices (upon dumped import) or on subsidized prices (upon subsidized import) by the body conducting the investigations to the exporters of goods or accept the relevant obligations in relation of conditions of export to the customs territory of the Union upon condition that such opportunity was not used by the exporters.

6. Public hearings

      235. The body conducting the investigations shall provide conducting of public hearings on the basis of application, presented by any of participants of investigation in written form and the term, established by this Minute.
      236. The body conducting the investigations shall be obliged to direct a notification on time and place of conducting of public hearings, as well as the list of issues, considered in the course of conducting of public hearings to the participants of investigation.
      The date of conducting of public hearings shall be appointed not early than 15 calendar days from the date of direction of relevant notification.
      237. Participants of investigation or their representatives, as well as persons, involved by them for the purposes of provision of available details, relating to investigation shall have a right to participate in the public hearings.
      In the course of public hearings the participants of investigation may express their views and provided the evidences relating to the investigation. Representative of the body, conducting the investigations shall have a right to ask the questions, concerning the matter of facts reported by them to the participants of public hearings. Participants of investigation shall also have a right to ask the questions to each other and shall be obliged to reply to them. Participants of public hearings shall not be obliged to disclose information, recognized as confidential.
      238. Details provided in the course of public hearings orally shall be taken into account in the course of investigation, if during 15 calendar days after the date of conducting of public hearings they were provided by the participants of investigation to the body conducting the investigations in written form.

7. Collection of information in the course of investigation

      239. After adoption of decision on commencement of antidumping or compensatory investigation, the body conducting the investigations shall direct the list of questions, on which they have to answer to the known exporters and (or) producers of goods, being the object of investigation.
      The list of issues shall be also directed to the producers of similar or directly competitive goods (in the case of conducting of special protective investigation) or similar goods (in the case of conducting of antidumping or compensatory investigation) in the member states.
      In the case of necessity, the list of issues may be also directed to the importers and consumers of goods, being the object of investigation.
      240. The persons, specified in paragraph 239 of this Minute, to which the list of questions was directed shall be obliged to present their responses to the body conducting the investigations during 30 calendar days from the date of its reception.
      At the motivated and stated in written form request of persons, specified in paragraph 239 of this Minute, this term may be extended by the body, conducting the investigations, not more than 14 calendar days.
      241. The list of issues shall be considered as received by the exporter and (or) producer of goods from the date of transfer directly to the representative of exporter and (or) producer or through 7 calendar days from the date of mailing.
      The responses for the questions, included to the list shall be considered as received by the body conducting the investigations, if they are received to the body conducting the investigations, in the confidential and non-confidential version not later than 7 calendar days from the date of expiration of 30-days term, specified in paragraph 240 of this Minute or from the date of expiration of the term of extension.
      242. The body conducting the investigations shall be convinced of the accuracy and reliability of information presented by the interested persons in the course of investigation.
      For the purposes of verification of information, presented in the course of investigation, or reception of additional information, related with conducted investigation, in the case of necessity, the body conducting the investigations may conduct verification:
      in the territory of third country upon condition of reception of the consent of relevant foreign exporters and (or) producers of goods, being the object of investigation, and absence of objections from a third country, which was officially notified on coming verification;
      in the territory of the member states upon condition of reception of the consent of relevant importers of goods, being the object of investigation and (or) producers of similar or directly competitive goods.
      Verification shall be carried out after reception of responses to the lists of questions, directed in accordance with paragraph 239 of this Minute, except for the cases, when the foreign producer or exporter voluntary agrees to conduct verifications before direction of these responses and in the absence of objection from the relevant third country.
      After reception of the consent of relevant participants of investigation and before commencement of verification, the list of documents and materials that shall be presented to the employees, directed for conducting of verification shall be directed to them. The body conducting the investigations shall notify a third country on addresses and names of foreign exporters or producers, which plan to verify, as well as on dates of conducting of such verifications.
      In the course of verification may be requested other documents and materials, necessary for approval of reliability of information, presented in the responses to the list of issues.
      In the case if upon conducting of verification, the body conducting the investigations is intended to involve experts, not being the employees of this body for such verification, participants of investigation, in relation of which it is supposed to carry out verification activities shall be notified in advance on such decision of the body conducting the investigations. Participation of such experts in verification shall be allowed only in the existence of possibility of application of sanctions for violation by them of confidentiality of information, received in connection with verification.
      243. For the purposes of verification of information, presented in the course of investigation or reception of additional information, related with conducted investigation, the body conducting the investigations shall have a right to direct their representatives to the location of interested persons, conduct collection of information, consultations and negotiations with the interested persons, get acquainted with the samples of goods and take other actions, necessary for conducting of investigation.

8. Provision of information by the authorized bodies
of the member states, diplomatic and trade
representatives of the member states

      244. For the purposes of subsection under the authorized bodies of the member states shall be regarded the bodies of the state power (administration) and territorial (local) bodies of the state power (administration) of the member states, authorized in the field of customs case, statistics, taxation, registration of legal entities and in other fields.
      245. Authorized bodies of the member states, diplomatic and trade representatives of the member states in the third countries shall provide information, provided by this Minute, necessary for the initiation and conducting of special protective, antidumping and compensatory investigations (as well as repeated), preparation of suggestions according to the results of conducted investigations, monitoring of effectiveness of imported special protective, antidumping and compensatory measures and control of observation of obligations, approved by the Commission, to the body conducting the investigations at its request.
      246. Authorized bodies of the member states, diplomatic and trade representatives of the member states in the third countries shall be obliged to:
      1) present available details or notify on impossibility of presentation of details with specification of reasons of refusal during 30 calendar days from the date of reception of request of the body, conducting the investigations. The requested details shall be presented within a short time at the motivated request of the body conducting the investigations;
      2) ensure the completeness and reliability of presented details and if it is necessary to present the relevant additions and amendments on an operational basis.
      247. Authorized bodies of the member states, diplomatic and trade representatives of the member states in the third countries within their competence shall present information on requested time periods to the body conducting the investigations, including:
      1) statistical data on foreign trade;
      2) data from declarations to the goods with breakdown on the customs procedures with specification of natural and value indicators of import (export) of goods, commercial name of goods, conditions of supply, countries of origin (country of departure, country of destination), names and other account credentials of sender and recipient;
      3) information on domestic market of goods, being the object of investigations, and relevant branch of economy of the member states (as well as data on volumes of production of goods, capacity utilization, sale of goods, the cost of goods, profits and losses of national enterprises of the member states, prices of goods in the domestic market of the member states, production profitability, staff number, investments, list of producers of goods);
      4) information on assessment of consequences of possible introduction or non-introduction of special protective, antidumping or compensatory measure according to the results of relevant investigation on the market of goods, being the object of investigation, of the member states, as well as prediction of productive activity of national enterprises of the member states.
      248. The list of information, specified in paragraph 247 of this Minute shall not be exhaustive. If it is necessary, the body conducting the investigations shall have a right to request other information.
      249. Correspondence relating to implementation of this subsection and presentation of information at the request of body, conducting the investigations shall be carried out in Russian language. On the separate requisites (indicators), contained the foreign names shall be allowed the provision of information with the use of Latin letters.
      250. Presentation of information shall be carried out preferentially on the electronic media. In the absence of possibility of presentation of information on the electronic media it is transferred on the paper medium. Information which is requested in the table form (statistical and customs information) shall be presented in the format, specified in the request of the body conducting the investigations. In the case if presentation of information in this format is impossible, the authorized bodies of the member states, diplomatic and trade representatives of the member states in the third countries shall notify the body conducting the investigations and present the requested information in other format.
      251. The requested to the authorized bodies of the member states, diplomatic and trade representatives of the member states in the third countries on provision of information shall be formed in written form on the form of the body conducting the investigations with specification of purpose, legal grounds and term of provision of information and signed by the head (deputy of the head) of body conducting the investigations.
      252. Information at the requests of the body conducting the investigations shall be provided by the authorized bodies of the member states, diplomatic and trade representatives of the member states in third countries on a grant basis.
      253. Transfer of information shall be carried out by the use of means, available at the time of transfer and coordinated between exchanging bodies, and ensuring the safety and protection of information from illegal access. In the case of direction of information by fax, the original document shall be also directed by mail.

9. Confidential information

      254. Information, referred by the legislation of the member state to the confidential (including commercial, tax and other confidential information), except for the state secret (state secrets), or to the service information of limited distribution shall be presented to the body conducting the investigations with observation of requirements, established by the legislation of the member states in relation of such information.
      The body conducting the investigations shall ensure the necessary level of protection of such information.
      255. Information, presented by the interested person to the body conducting the investigations shall be considered as confidential upon presentation of grounds by this person, certifying that disclosure of such information provides competitive advantage to a third person or involves the adverse effects for the person, presented such information or for the person that has such information.
      256. Interested persons, presented confidential information shall be obliged together with it present non-confidential version of such information.
      Non-confidential information shall be sufficient to understand the subject of information, presented in the confidential form.
      In the exceptional cases when the interested person may not present non-confidential version of confidential information, it shall present the ground, detailing the reasons, on which presentation of non-confidential information is impossible.
      257. In the case if the body conducting the investigations establishes that the grounds, presented by the interested persons do not allow to refer the presented information to confidential, or the interested person, not presented non-confidential version of confidential information does not present the ground of impossibility of provision of confidential information in the non-confidential form or present details, which are not the ground, the body conducting the investigations may not consider such information.
      258. The body conducting the investigations shall be obliged not to disclose and not to transfer the confidential information without written consent of the interested person, presented such information or the authorized bodies of the member states, specified in paragraph 244 of this Minute and diplomatic and trade representatives of the member states in the third countries to the third persons.
      Civil servants and employees of the body conducting the investigations may be deprived of the privileges and immunities, provided by international treaty within the Union on privileges and immunities, and brought to responsibility in the manner approved by the Commission for disclosure, use for the purposes of deriving of personal profit, other unauthorized use of confidential information, presented to the body conducting the investigations by the applicants, participants of investigations, interested persons or authorized bodies of the member states, specified in paragraph 244 of this Minute, diplomatic and trade representatives of the member states in the third countries for the purposes of conducting of investigation.
      This Minute shall not prevent to disclosure of information, contained the reasons, underlying of adoption of decisions of Commission, or the evidences, on which the Commission is relied, to the extent that it is necessary to explain those reasons or evidences before the Court of the Union.
      Procedure of the use and protection of confidential information in the body conducting the investigations shall be approved by the Commission.

10. The interested persons

      259. The interested persons upon conducting of investigation shall be:
      1) producer of similar or directly competitive goods (upon conducting of special protective investigation) or similar goods (upon conducting of antidumping or compensatory investigation) in the member states;
      2) association of producers, majority of participants of which are producers of similar or directly competitive goods (upon conducting of special protective investigation) or similar goods (upon conducting of antidumping or compensatory investigation) in the member states;
      3) association of producers, participants of which carry out production of more than 25 percent from the total volume of production of similar or directly competitive goods (upon conducting of special protective investigation) or similar goods (upon conducting of antidumping or compensatory investigation) in the member states;
      4) exporter, foreign producer or importer of goods, being the object of investigation, and association of foreign producers, exporters or importers of goods, the essential part of participants of which are producers, exporters or importers of these goods from exporting third country or the country of origin of goods;
      5) authorized body of exporting third country or country of origin of goods;
      6) consumers of goods, being the object of investigation (if they use these goods upon production of products) and associations of such consumers in the member states;
      7) public associations of consumers (if the goods are the subject of consumption preferentially by the individuals).
      260. The interested persons shall act in the course of investigation independently or through their representatives, who properly have the formalized powers.
      If the interested person in the course of investigation acts through the authorized representative, the body conducting the investigations shall bring to the notice of the interested person all information on subject of investigation only through this representative.
      11. Notifications on decisions, adopted in connection with investigations
      261. The body conducting the investigations shall publish the following notifications on decisions, adopted in connection with investigations on the official site of the Union in the Internet:
      on commencement of investigation;
      on introduction of preliminary special, preliminary antidumping or preliminary compensatory duty;
      on possible application of antidumping duty in accordance with paragraph 104 of this Minute or possible application of compensatory duty in accordance with paragraph 169 of this Minute;
      on completion of special protective investigation;
      on completion of investigation, according to the results of which the body conducting the investigations made the conclusion on existence of grounds for introduction of antidumping or compensatory duty or on feasibility of approval of relevant obligations;
      on completion or suspension of investigation in connection with approval of relevant obligations;
      on completion of investigation, according to the results of which the body conducting the investigations made the conclusion on the absence of the grounds for introduction of special protective, antidumping or compensatory measure;
      on other decisions, adopted in connection with investigations.
      Such notifications shall also directed to the authorized body of exporting third country and other interested persons, known to the body conducting the investigations.
      262. Notification on commencement of investigation shall be published in the term not more than 10 business days from the date of adoption of decision on commencement of investigation by the body conducting the investigations and shall contain:
      1) complete description of goods, being the object of investigation;
      2) the name of exporting third country;
      3) a summary of details, certifying on existence of increased import to the customs territory of the Union and existence of serious damage to the branch of its causing (upon adoption of decision on commencement of special protective investigation);
      4) a summary of details, certifying on existence of dumped or subsidized import and existence of material damage to the branch of economy of the member states, or the threat of its causing, or significant slowdown of creation of the branch of economy of the member states (upon adoption of decision on commencement of antidumping or compensatory investigation);
      5) an address on which the interested persons may direct their opinion and details relating to the investigation;
      6) the term, which consists 25 calendar days and during of which the body conducting the investigations accepts the applications from the interested persons on intention to participate in the investigation;
      7) the term, which consists 25 calendar days and during of which the body conducting the investigations accepts the applications from participants of investigation on conducting of public hearings;
      8) the term, which consists 25 calendar days and during of which the body conducting the investigations accepts the comments and details relating to the investigation from the interested persons in written form.
      263. Notification on introduction of preliminary special, preliminary antidumping or preliminary compensatory duty shall be published in the term not more than 3 business days from the date of adoption of such decision by the Commission and shall contain the following information:
      1) the name of exporter of goods, being the object of investigation, or the name of exporting third country (if the name of exporter is impossible to provide);
      2) description of goods, being the object of investigation, sufficient for carrying out of customs control;
      3) the grounds for favorable conclusion on existence of dumped import with specification of the amount of margin of dumping and description of grounds for selection of methodology of calculation and comparison of normal value of goods and its export price (upon introduction of preliminary antidumping duty);
      4) the grounds for favorable conclusion on existence of subsidized import with description of the fact of existence of subsidy and specification of calculated amount of subsidy on the unit of goods (upon introduction of preliminary compensatory duty);
      5) the grounds for establishment of existence of serious or material damage to the branch of economy of the member states, the threat of its causing or significant slowdown of creation of the branch of economy of the member states;
      6) the grounds for establishment of cause and effect relation between increased import, dumped or subsidized import and correspondingly serious or material damage to the branch of economy of the member states, a threat of its causing or significant slowdown of creation of the branch of economy of the member states;
      7) The grounds for favorable conclusion on existence of increased import (upon introduction of preliminary special duty).
      264. Notification on possible application of antidumping duty in accordance with paragraph 104 of this Minute or notification on possible application of compensatory duty in accordance with paragraph 169 of this Minute shall contain:
      1) description of goods, being the object of investigation, sufficient for carrying out of customs control;
      2) the name of exporter of goods, being the object of investigation, or the name of exporting third country (if the name of exporter is impossible to provide);
      3) a summary of details, certifying on execution of conditions, specified in paragraphs 104 or 169 of this Minute.
      265. Notification on completion of special protective investigation shall be published by the body conducting the investigations in the term not more than 3 business days from the date of completion of investigation and shall contain the main conclusions, which are made by the body conducting the investigations, on the basis of analysis of available information.
      266. Notification on completion of investigation according to the results of which the body conducting the investigations made the conclusion on existence of the grounds for introduction of antidumping or compensatory duty or on feasibility of approval of relevant obligations shall be published in the term not more than 3 business days from the date of completion of investigation and shall contain:
      1) explanation of final conclusion of the body conducting the investigations on the results of investigation;
      2) an indication of the facts, on the basis of which such conclusion is made;
      3) information, specified in paragraph 263 of this Minute;
      4) an indication of the reasons of acceptance or non-acceptance of arguments and requirements of exporters and importers of goods, being the object of investigation in the course of investigation;
      5) an indication of the reasons of adoption of decisions in accordance with paragraphs 48-51 of this Minute.
      267. Notification on completion or suspension of investigation in connection with approval of relevant obligations shall be published in the term not more than 3 business days from the date of completion or suspension of investigation and shall contain non-confidential version of these obligations.
      268. Notification on completion of investigation, according to the results of which the body conducting the investigations made the conclusion on the absence of grounds for introduction of protective, antidumping or compensatory measure shall be published in the term not more than 3 business days from the date of completion of investigation and shall contain:
      1) explanation of final conclusion of the body, conducting the investigations on the results of investigation;
      2) an indication of the facts, on the basis of which the conclusion provided by subparagraph 1 of this paragraph is made.
      269. Notification on completion of investigation according to the results of which the decision on non-application of measure is adopted in accordance with paragraph 272 of this Minute shall be published in the term not more than 3 business days from the date of adoption of such decision and shall contain the explanation of reasons of adoption of decision on non-application of special protective, antidumping or compensatory measure by the Commission with specification of facts and conclusions on the basis of which such decision is adopted.
      270. The body conducting the investigations shall ensure direction of all notifications, provided by the Marrakesh Agreement on establishment of the World trade organization dated 15 April, 1994 in a part of conducted investigations and applied measures to the component bodies of the World trade organization in the established procedure.
      271. Provisions of paragraph 261 – 270 of this Minute in recognition of relevant differences shall be applied to the notifications on commencement and completion of repeated investigations.

VII. Non-application of special protective, antidumping
and compensatory measure

      272. The Commission according to the results may adopt decision on non-application of special protective, antidumping or compensatory measure, even in the case if application of such measure corresponds to the criteria, established by this Minute.
      The specified decision may be adopted by the Commission in the case, if the conclusion on that the application of such measure may cause damage to the interests of the member states is prepared by the body conducting the investigations, according to the results of analysis of all information, provided by the interested persons. Such decision may be revised in the case if the reasons, served as the ground of its adoption are changed.
      273. The conclusion, specified in the second item of paragraph 272 of this Minute shall be based on the results of aggravate assessment of interests of the branch of economy of the member states, consumers of goods, being the object of investigation (if they use such goods upon production of products), and associations of such consumers in the member states, public associations of consumers (if the goods are the subject of consumption preferentially by the individuals) and importers of these goods. Upon that such conclusion may be made after the possibility to give their comments on this issue is provided to the specified persons in accordance with paragraph 274 of this Minute.
      Upon preparation of such conclusion the special meaning shall be paid to the necessity of elimination of distorting effect of increased, dumped or subsidized import on the ordinary course of the trade and competitive situation on the relevant trade market of the member states and on the position of the branch of economy of the member states.
      274. Producers of similar or directly competitive goods (upon conducting of the special protective investigation) or similar goods (upon conducting of antidumping or compensatory investigation) in the member states, their associations, importers and associations of importers of goods, being the object of investigation, consumers of goods, being the object of investigation (if they use such goods upon production of products), and associations of such consumers in the member states, public associations of consumers (if the goods are the subject of consumption preferentially by individuals) shall have a right to provide their comments and information on this issue during the term, established in the notification, published in accordance with paragraph 262 of this Minute for the purposes of application of provisions of paragraph 272 of this Minute. Such comments and information or their non-confidential version shall be provided for familiarization to other interested persons, specified in this paragraph, which have a right to provide their reply comments, in the appropriate cases.
      Information provided in accordance with this paragraph shall be taken into account irrespective of its source upon condition of existence of objective facts, approving its reliability.

VIII. Final provisions

1. Features of appeal of decisions on application of special
protective, antidumping and compensatory measures
in the judicial procedure

      275. Procedure and features of consideration of cases on challenging of decision of Commission and (or) action (omission) of Commission, related with application of special protective, antidumping and compensatory measures shall be determined by the Statute of the Court of the Union (annex No.2 to Agreement) and regulation of the Court of the Union.

2. Execution of decisions of the Court of the Union

      276. Commission shall apply the necessary measures for execution of decisions of the Court of the Union, relating application of special protective, antidumping and compensatory measures. Decision of Commission, recognized by Court of the Union as not corresponding to the Agreement and (or) international treaties within the Union shall be provided by the Commission in accordance with Agreement and (or) international treaties within the Union by conducting of reinvestigation in a part, necessary for execution of decision of the Court of the Union at the initiative of the body, conducting the investigations.
      Upon conducting of reinvestigation in recognition of relevant differences shall be applied provisions, relating to conducting of investigation.
      The term of conducting of reinvestigation, provided by this paragraph, as a rule, does not exceed 9 months.

3. Administration of procedures of investigation

      277. For the purposes of implementation of this Minute, the Commission shall adopt the decision concerning the procedures of commencement, conducting, completion and (or) suspension of investigation, Adopted decisions of Commission shall not change the provision of Agreement or contradict them.

Annex             
to Agreement on application of
special protective, antidumping
and compensatory measures in
relation to the third countries

Provision
on crediting and distribution of special,
antidumping, compensatory duties

I. General provisions

      1. This Provision shall determine procedure of crediting and distribution of amounts, established in accordance with section IX of Agreement on Eurasian economic union (hereinafter – Agreement) of special, antidumping, compensatory duties between the member states. The specified procedure shall be also applied in relation of amounts of fines (percent), accrued on the amounts of special, antidumping, compensatory duties in the cases and procedure, provided in accordance with the Customs Code of the Eurasian economic union.
      2. The concepts used in this Provision shall be applied in the meanings, determined by the Minute on procedure of crediting and distribution of amounts of imported customs duties (other duties, taxes and charges, having equivalent effect), their transfer to the income of budgets of the member states (annex No.5 to Agreement), by the Minute on application of special protective, antidumping and compensatory measures in relation to the third countries (annex No.8 to Agreement) and the Customs Code of the Eurasian economic union.

II. Crediting and accounting of amounts of special,
antidumping, compensatory duties

      3. The amounts of special, antidumping, compensatory duties (except for the preliminary special, preliminary antidumping, preliminary compensatory duties), the obligation on payment of which in relation of goods, imported to the customs territory of the Union is occurred from the date of commencement of application of relevant measure shall subject to crediting, distribution and transfer to the budgets of the member states in the manner and according to the standards, which are determined by the Minute on procedure of crediting and distribution of amounts of imported customs duties (other duties, taxes and charges, having equivalent effect), their transfer to the income of budgets of the member states (annex No.5 to Agreement), in recognition of features, established by this Provision, for the purposes of entering of decision of Commission on application of special protective, antidumping, compensatory measure into legal force.
      4. Upon non-transfer or incomplete transfer of amounts of distributed special, antidumping, compensatory duties to the budget of other member states in the established terms and non-reception of information from the authorized bodies of this member state on the absence of amounts of special, antidumping, compensatory duties shall be applied the provisions of paragraphs 20-28 of the Minute on procedure of crediting and distribution of amounts of imported customs duties (other duties, taxes and charges, having equivalent effect), their transfer of amounts of imported customs duties to the income of budgets of the member states (annex No.5 to Agreement), established for crediting and distribution between the member states.
      5. The amounts of special, antidumping, compensatory duties shall subject to crediting in the national currency to the unified account of the authorized body of the member state, in which they are payable in accordance with the Customs Code of the Eurasian economic union, as well as upon collection of such duties.
      6. Special, antidumping, compensatory duties shall be paid by the payers to the unified account of the authorized body of the member state, in which they are payable in accordance with the Customs Code of the Eurasian economic union, separate calculation (payment) documents (instructions).
      7. The amounts of special, antidumping, compensatory duties may not be counted in the account of payment of other payments, except for the credit to the account of debt service payment of payers on payment of customs payments, well as fines (percent) (hereinafter – credit the account of debt service payment).
      8. The taxes and charges, other payments (except for the imported custom duties, as well as imported customs duties in relation of crude oil and separate categories of goods, produced from oil (petroleum product), imported outside the customs territory of the Union, received to the unified account of the authorized body of the member state, in which they are payable in accordance with the Customs Code of the Eurasian economic union may be counted in the account of payment of special, antidumping, compensatory duties.
      The imported customs duties may be counted in the account of debt service payment of payers on the payment of special, antidumping, compensatory duties.
      9. Authorized bodies shall separately consider:
      1) the amounts of revenues (returns, credit to the account of debt service payment) of special, antidumping, compensatory duties in the unified account of the authorized body;
      2) the amounts of distributed special, antidumping, compensatory duties, transferred to the account in the foreign currency of other member states;
      3) the amounts of revenues from distribution of special, antidumping, compensatory duties by this member state, credited to the budget of the member state;
      4) the amounts of special, antidumping, compensatory duties, received to the budget of the member state from other member states;
      5) the amounts of percent, received to the budget of the member states, for violation of this Provision, entailed non-execution, incomplete and (or) untimely execution of obligations of the member state on transfer of amounts from distribution of special, antidumping, compensatory duties;
      6) the amounts of special, antidumping, compensatory duties, transfer of which to the account in the foreign currency of other member states is suspended.
      10. The amounts of revenues, specified in paragraph 9 of this Provision shall be separately recorded in the accounting on execution of budget be each of the member states.
      11. The amounts of special, antidumping, compensatory duties, received on the unified account of the authorized body of the member state for the last business day of calendar year shall be recorded in the report on execution of budget for the reporting year.
      12. The amounts of distributed special, antidumping, compensatory duties for the last business day of calendar year of the member state shall be transferred in the budget of this member state and on the foreign currency account of other member states no later than the second business day of current year of the member state, as well as shall be recorded in the report on execution of budget for the reporting year.
      13. The amounts of incomes from distribution of special, antidumping, compensatory duties, received in the budget of the member state from the authorized bodies of other member states for the last business day of calendar year of other member states shall be recorded in the report on execution of budget for the current year.
      14. Collection may not be recovered on the monetary assets, being in the unified account of the authorized body in the procedure of execution of judicial acts or by any other means, except for the cases of debt collection on payment of customs payments, special, antidumping, compensatory duties, as well as fines (percent) in accordance with the Customs Code of the Eurasian economic union.
      15. Preliminary special, preliminary antidumping, preliminary compensatory duty shall be paid (collected) in the national currency to the account, determined by the legislation of the member states, the preliminary special, preliminary antidumping, preliminary compensatory duty of which are charged by the customs bodies.
      16. In the cases, established by the Minute on application of special protective, antidumping and compensatory measures in relation to the third countries (annex No.8 to Agreement), the amounts of paid (collected) preliminary special, preliminary antidumping, preliminary compensatory duties, as well as the amounts of antidumping, compensatory duties, paid in the manner established for collection of relevant types of preliminary duties shall subject to credit in the special, antidumping, compensatory duties and crediting to the unified account of the authorized body of the member state, in which they were paid not later than 30 business days from the date of entering of relevant decision of the Commission on application (extension, distribution on the component parts and (or) derivative goods) of special, antidumping, compensatory measure in a legal force.
      In the cases, established by the Minute on application of special protective, antidumping and compensatory measures in relation to the third countries (annex No.8 to Agreement), the amounts of ensuring of payment of antidumping duties shall subject to the credit in the antidumping duties and crediting to the unified account of the authorized body of the member state, in which they were paid, not later than 30 business days from the date of entering of relevant decision of the Commission on application of antidumping measure in a legal force.

III. Return of amounts of special, antidumping and
compensatory duties

      17. Return of amounts of preliminary special, preliminary antidumping, preliminary compensatory duties, as well as antidumping, compensatory duties, charged in the manner established for collection of preliminary antidumping, preliminary compensatory duties to the payer shall be implemented in the cases, determined by the Minute on application of special protective, antidumping and compensatory measures in relation to the third countries (annex No.8 to Agreement) in the manner, established by the legislation of the member states, in which the specified duties (unless otherwise established by the Customs Code of the Eurasian Economic Union) are paid (collected).
      18. Return of amounts of special, antidumping, compensatory duties shall be implemented in accordance with the legislation of the member state, in which the specified duties (unless otherwise established by the Customs Code of the Eurasian Economic Union) in recognition of this Annex is paid (collected).
      19. Return of amounts of special, antidumping, compensatory duties to the payer, their credit to the account of debt service payment shall be implemented from the unified account of the authorized body in the current day within the amounts of special, antidumping, compensatory duties, received to the unified account of the authorized body, as well as the special, antidumping, compensatory duties, credited to the account of payment in the reporting day, in recognition of amounts of return of special, antidumping, compensatory duties, not accepted to execution by the national (central) bank of the member states in the reporting day, except for the cases, established by paragraph 20 of this Provision.
      20. Return of amounts of special, antidumping, compensatory duties to the payer, their credit to the account of debt service payment shall be implemented from the unified account of the authorized body of the Republic of Kazakhstan in the reporting day within the amounts of special, antidumping, compensatory duties, received (credited) to the unified account of the authorized body of the Republic of Kazakhstan in a day of implementation of return (credit).
      21. Determination of the amounts of return of special, antidumping, compensatory duties, subjected to return and (or) credit to the account of debt service payment, in the current day shall be carried out before distribution of amounts of received special, antidumping, compensatory duties between the member states.
      22. In case of lack of funds for implementation of return of special, antidumping, compensatory duties and (or) credit to the account of debt service payment in accordance with paragraphs 19 and 20 of this Provision, the specified return (credit) shall be implemented by the member states in the next business days.
      Fines (percent) for untimely return of special, antidumping, compensatory duties to the payer shall be paid to the payer from the budget of relevant member state and shall not be included to the composition of special, antidumping, compensatory duties.

IV. Information exchange between the authorized bodies

      23. Information exchange between the authorized bodies, necessary for implementation of this Minute shall be carried out in accordance with decision of Commission, determining the procedure, forms and terms of exchange of such information.

ANNEX No.9     
to Agreement on   
Eurasian Economic Union

MINUTE
on technical regulation within the Eurasian Economic Union

      1. This Minute is developed in accordance with section X of Agreement on Eurasian Economic Union and determines procedure, rules and procedures of technical regulation within the Union.
      2. The concepts used in this Minute shall have the following meanings:
      “accreditation” – an official recognition of competence of body by the body on accreditation on compliance assessment (as well as body on certification, testing laboratory (center)) to execute the works in the determined field of compliance assessment;
      “safety” – the absence of unacceptable risk, related with possibility of causing of harm and (or) causing of damage;
      “release of products into circulation” – supply or import of products (as well as departure from the warehouse of producer or dispatch without warehousing) for the purposes of distribution in the territory of the Union in the course of commercial activity on a grant or remuneration basis;
      “the state control (supervision) of observance of requirements of technical regulations of the Union” – an activity of the authorized bodies of the member states, directed to prevention, detection and suppression of violations of requirements of technical regulations of the Union by the legal entities, their heads and other civil servants, individuals, registered as individual entrepreneurs, their authorized representatives, carried out by conducting of verifications of legal entities and individuals, registered as individual entrepreneurs and acceptance of measures, provided by the legislation of the member states on suppression and (or) elimination of consequences of detected violations, as well as supervision of performance of specified requirements, analysis and forecasting of performance of requirements of technical regulations of the Union upon carrying out of activity by the legal entities and individuals, registered as individual entrepreneurs;
      “declaration of compliance with technical regulations of the Union” – a document, which the applicant certifies compliance of products, released into circulation with requirements of technical regulations of the Union;
      “declaring of compliance” – the form of compulsory approval of compliance of products, released into circulation with the requirements of technical regulations of the Union;
      “unified sign of circulation of products on the market of the Union” – a designation, used to inform the purchases and consumers on compliance of products, released into circulation with the requirements of technical regulations of the Union;
      “identification of products” – procedure of allocation of products to the field of application of technical regulation of the Union and establishment of compliance of products of technical documentation for these products;
      “producer” – a legal entity or individual, registered as individual entrepreneur, as well as foreign producer, carrying out production on its own behalf or production and sale of products and responsible for their compliance with the requirements of technical regulations of the Union;
      “interstate standard” – regional standard, accepted by the Interstate council on standartization, metrology and certification of Commonwealth of Independent States;
      “international standard” – the standard, accepted by the international organization on standartization;
      “national (state) standard” – the standard, accepted by the body on standartization of the member state;
      “the object of technical regulation” – the products or products and processes of design (including research), production, construction, installation, equipment, operation, storage, transportation, sale and utilization, related with requirements to production;
      “compulsory approval of compliance” – a documentary certificate of compliance of products and processes of design (including research), production, construction, installation, equipment, operation, storage, transportation, sale and utilization with the requirements of technical regulations of the Union;
      “compulsory certification” – a form of compulsory approval of compliance of objects of technical regulation with the requirements of technical regulations of the Union by the body on certification;
      “body on accreditation” – the body or legal entity, authorized in accordance with the legislation of the member state for conducting of accreditation;
      “compliance assessment” – direct or indirect determination of observance of requirements, presented to the object of technical regulation;
      “products” – the result of activity, presented in the material form and intended for further use in the economic and other purposes;
     “regional standard” – the standard, accepted by regional organization on standartization;
      “registration (state registration)” – a form of compliance assessment of object of technical regulation with requirements of technical regulations of the Union, carried out by the authorized body of the member state;
      “risk” – a combination of probability of causing of harm and consequences of this harm to human life or health, property, environment, life or health of animals and plants;
      “certification on registration (state registration)” – a document approving compliance of object of technical regulation with the requirements of technical regulation of the Union;
      “certificate of compliance with the technical regulations of the Union” – a document, which the body on certification certifies compliance of products, released into circulation with the requirements of technical regulation of the Union (technical regulations of the Union);
      “standard” – a document, in which the characteristics of products, rules of implementation and characteristics of processes of design (including research), production, construction, installation, equipment, operation, storage, transportation, sale and utilization, execution of works or rendering of services, rules and methods of researches (tests) and measurements, rules of sampling, requirements to terminology, symbolic, packaging, marking or labeling and rules of their application are established for the purposes of multiple use;
      “technical regulation of the Union” – a document, adopted by Commission and establishing requirements to the objects of technical regulation, compulsory for application and execution in the territory of the Union;
      “technical regulation” – legal regulation of relations in the field of establishment, application and execution of compulsory requirements to the products or to the products and processes of design (including research), production, construction, installation, equipment, operation, storage, transportation, sale and utilization, related with requirements to the products as well as legal regulation of relations in the field of compliance assessment;
      “the person authorized by the producer” – the legal entity or individual, registered in the manner established by the legislation of the member state in its territory as individual entrepreneur, which carry out the actions on the basis of agreement with producer, as well as foreign producer on behalf of the producer upon compliance assessment and release of products into circulation in the territory of the Union, as well as bear responsibility for non-compliance of products with the requirements of technical regulations of the Union.
      3. For the objects of technical regulation, in relation of which the technical regulations of the Union are entered into legal force, there are the norms of the legislation of the member states or acts of the Commission.
      Features of technical regulation, compliance assessment, standardization and accreditation in relation of defense products (works, services), supplied on the state defense order, products (works, services), used for the purposes of protection of details, constituting the state secret or relating to other confidential information protected in accordance with the legislation of the member states, products (works, services), details on which constitute the state secret, products (works, services) and objects, for which the requirements, related with ensuring of safety in the field of the use of nuclear energy are established, as well as in relation of processes of design (including research), production, construction, installation, equipment, operation, storage, transportation, sale, utilization, burial of specified products and specified objects shall be established by the legislation of the member states.
      The compulsory requirements to the objects of technical regulation, as well as rules of identification of products, form, schemes and procedures of compliance assessment shall be established in the technical regulations of the Union.
      The relevant international standards (rules, guidelines, recommendations and other documents, adopted by international organizations on standardization), except for the cases, when the relevant documents are absent or do not correspond to the purposes of adoption of technical regulations of the Union, as well as due to the climatic and geographical factors or technological and other features shall be applied as the ground for development of technical regulations of the Union. In the case of absence of necessary documents shall be applied the regional documents (regulations, guidelines, decision, standards, rules and other documents), national (state) standards, national technical regulations or their projects.
      The technical regulations of the Union may also contain the requirements to terminology, packing, marking, labeling and rules of their application, sanitary requirements and procedures, as well as veterinary and sanitary, quarantine phytosanitary requirements, having a general nature.
      The technical regulations of the Union may contain the specific requirements, reflecting the features, related with climatic and geographical factors or technological features specific to the member states, and valid only in the territories of the member states.
      The technical regulations of the Union in recognition of the risk level of causing of harm may contain the special requirements to products or products and processes of design (including research), production, construction, installation, equipment, operation, storage, transportation, sale and utilization related with requirements to products, requirements to terminology, packing, marking, labeling and rules of their application, ensuring protection of separate categories of citizens (minors, pregnant women, nursing mothers, disabled persons).
      Technical regulation of the Union shall be developed in recognition of recommendations on the content and model structure of technical regulation of the Union, approved by Commission.
      Development, adoption, change and cancellation of technical regulations of the Union shall be carried out in the manner approved by Commission.
      4. For the purposes of execution of requirements of technical regulation of the Union, the Commission shall approve the list of international and regional (interstate) standards, and in the case of their absence – national (state) standards, according to the results of application of which the compliance with the requirements of technical regulation of the Union are ensured on a voluntary basis.
      Application on a voluntary basis of relevant standards, included in the specified list shall be sufficient condition of compliance with the requirements of relevant technical regulation of the Union.
      Non-application of standards, included in the specified list may not be considered as non-compliance with the requirements of technical regulation of the Union.
      In the case of non-application of standards, included in the specified list, compliance assessment shall be carried out on the basis of analysis of risks.
      For the purposes of researches (tests) and measurements upon compliance assessment of objects of technical regulations with the requirements of technical regulation of the Union, the Commission shall approve the list of international and regional (interstate) standards, and in the case of their absence – national (state) standards, containing the rules and methods of researches (tests) and measurements, as well as rules of selection of samples, necessary for application and execution of requirements of technical regulation of the Union and carrying out of compliance assessment of objects of technical regulation.
      Development and adoption of specified lists of standards shall be carried out in the manner approved by Commission.
      Methods of researches (tests) and measurements, certified (validated) and approved in accordance with the legislation of the member state may be included to the list of international and regional (interstate) standards, and in the case of their absence – national (state) standards, containing the rules and methods of researches (tests) and measurements, as well as the rules of selection of samples, necessary for application and execution of requirements of technical regulation of the Unions and carrying out of compliance assessment of objects of technical regulation, before development of relevant interstate standards. The list of specified methods of researches (tests) and measurements shall be provided by the authorized bodies of the member states to the Commission.
      International and regional standards shall be applied after adoption them as interstate or national (state) standards.
      5. Compliance assessment of objects of technical regulation, established in the technical regulations of the Union shall be conducted in the forms of registration (state registration), tests, approval of compliance, expertize and (or) in other form.
      Compulsory approval of compliance shall be carried out in the forms of declaration of compliance and certification.
      Forms, schemes and procedures of compliance assessment shall be established in the technical regulations of the Union on the basis of model schemes of compliance assessment, approved by the Commission.
      Compliance assessment of products released into circulation with the requirements of technical regulations of the Union shall be carried out before release it into circulation.
      Compulsory approval of compliance shall be conducted only in the cases, established by the relevant technical regulation of the Union, and exclusively for compliance with the requirements of technical regulation of the Union.
      Upon compliance assessment, the applicant may be the legal entity or individual as individual entrepreneur, being the producer or seller, or person authorized by producer registered in the territory of the member states in accordance with its legislation.
      The circle of applicants shall be established in accordance with technical regulation of the Union.
      Unified forms of documents on compliance assessment and rules of their execution shall be approved by the Commission.
      Unified registers of issued or received documents on compliance assessment shall be placed on official site of the Union in the Internet. Formation and maintenance of specified unified register shall be carried out in the manner approved by the Commission.
      Accredited bodies on compliance assessment (as well as the bodies on certification, testing laboratories (centers)), carrying out the works on compliance assessment with the requirements established by technical regulation of the Union shall be included in the unified register of bodies on compliance assessment of the Union. Inclusion of bodies on compliance assessment in this register, as well as formation and maintenance shall be carried out in the manner approved by the Commission.
      The bodies of the member state, authorized for conducting of specified works shall carry out registration (state registration) of objects of technical regulation in accordance with the legislation of the member state.
      6. Products complying with the requirements of technical regulations of the Union, distributing to these products, and undergone the procedure of compliance assessment, established by the technical regulations of the Union shall subject to compulsory marking by the single sign of circulation of products on the market of the Union.
      Image of a single sign of circulation of products on the market of the Union and procedure of its application shall be approved by Commission.
      Upon circulation of products in the territory of the Union, the marking of products shall be made in Russian language and in the existence of relevant requirements in the legislation of the member states in the state (state) language (languages) of the member state, in the territory of which the products are sold.
      7. Before the date of entering of technical regulation of the Union into legal force, the products in relation of which the same compulsory requirements, the same forms and schemes of approval of compliance are established by the member states, the same or comparable methods of researches (tests) and measurements of products are applied upon conducting of compulsory approval of compliance and which are included in the unified list of products, subjected to the compulsory approval of compliance with issuance of certificates of compliance and declarations on compliance on the unified form shall be allowed to circulation in the territory of the Union, if it is undergone the established procedures of approval of compliance in the territory of the member state with observation of the following conditions:
      conducting of certification by the body on compliance assessment, included to the unified register by the body on compliance assessment of the Union;
      performance of tests in the testing laboratories (centers), included to the unified register of bodies on compliance assessment of the Union;
      execution of certificates of compliance and declarations on compliance on the unified form.
      The specified unified list of products, unified forms of specified certificate of compliance and declaration on compliance and rules of their execution shall be approved by Commission.
      8. Import of products, subjected to the compulsory compliance assessment in the customs territory of the Union shall be carried out in the manner approved by Commission.
      9. The member state, governed by protection of their legal interests may take emergency measures on prevention of release of unsafe products into circulation. In this case the member state shall immediately inform other member states on adopted emergency measures and begin the process of consultations and negotiations on this issue.
      10. Commission shall form the information system in the field of technical regulation, which is a part of integrated information system of the Union.

ANNEX No. 10    
to Agreement on   
Eurasian Economic Union

MINUTE
on conducting of coordinated policy in the field of
ensuring of uniformity of measurements

      1. This Minute is developed in accordance with section X of Agreement on Eurasian Economic Union and determines the principles of carrying out of coordinated policy in the field of ensuring of uniformity of measurements by the member states for the purposes of ensuring of comparability of results of measurements and results of (approval) compliance assessment of products with the requirements of technical regulations of the Union and measurements of quantitative indicators of products.
      2. The concepts used in this Minute shall have the following meanings:
      “certification of procedures (methods) of measurements” – research and approval of compliance of procedures (methods) of measurements with the metrological requirements to the measurements;
      “unit of measurement” – the value of fixed amount, to which the number value, equal to the unit is conditionally assigned, and which is applied for quantitative expression of values homogeneous with it;
     “uniformity of measurements” – the state of measurements, upon which the results of these measurements are expressed in the units of measurements, allowed to application in the member states, and indicators of accuracy of measurements are not beyond the established limits;
      “measurement” – a process of experimental reception of one or more quantitative values of measurement, which may be reasonably assigned to the value;
      “calibration of measurements means” – a set of operations, establishing the relationship between the value of measurement, received with the aid of measurement means, and value of measurement, reproduced by standard of unit of measurement of the same kind, for the purposes of determination of actual metrological characteristics of measurement means;
      “International system of units (SI)” – a system of units, adopted by the General conference on measures and weights, based on the International system of values and including the name and designations, sets of detachable devices, their names, designation and rules of application;
      “procedure (method) of measurements” – a set of specific operations upon measurement, execution of which ensures reception of results of measurements with established indicators of accuracy;
      “metrological traceability “ – a property of the measurement result, in accordance with which the result may be related with the national (primary) standard through the documented unbroken chain of verifications and calibrations;
      “metrological examination” – an analysis and assessment of correctness and completeness of the application of metrological requirements, rules and regulations, related with uniformity of measurements;
      “national (primary) standard” – the standard of the unit of measurement, recognized by the member state for the use in the state or economic activity as the basis for attribution of value of measurement to other standards of units of measurements of the same kind;
      “verification of measurement means” – a set of operations, executed for the purposes of approval of compliance of measurement means with the compulsory metrological requirements;
      “reference procedure (method) of measurements” – a procedure (method) of measurements, used for reception of results of measurements, which may be applied for assessment of correctness of measured values, received with the aid of other procedures (methods) of measurements of values of the same kind, as well as for calibration of measurement means or for determination of characteristics of standard samples;
      “intercomparison of standards” – establishment of relations between the results of measurements upon reproduction and transfer of units of measurement by the standards of units of measurement of the same level of accuracy;
      “measurement means” – technical means, intended for measurements and having metrological characteristics;
      “standard sample” – material (substance) with established indicators of accuracy of measurements and metrological traceability, sufficiently homogeneous and stable in relation of determined properties in order to use it upon measurement or upon assessment of qualitative properties in accordance with intended appointment;
      “approval of type of measurement means” - a decision of the body of the state power (administration) of the member state in the field of ensuring of uniformity of measurements on permission of application of measurement means of approved type in the territory of the member state on the basis of favorable results of tests;
      “approval of type of standard sample” – a decision of the body of the state power (administration) of the member state in the field of ensuring of uniformity of measurements on permission of application of standard sample of approved type in the territory of the member state on the basis of favorable results of tests;
      “value scale” – an ordered set of values of measurement that serves as the original basis for measuring the corresponding value;
      “standard of unit of measurement” – technical tool ( a set of tools), intended for reproduction, storage and transfer the units of measurement or value scales.
      3. The member states shall conduct a coordinated policy in the field of ensuring of uniformity of measurements by harmonization of the legislation of the member states in the field of ensuring of uniformity of measurements and conducting of coordinated actions, providing:
      1) creation of mechanisms of mutual recognition of results of works in the field of ensuring of uniformity of measurements by approval of rules of mutual recognition of results of works on ensuring of the uniformity of measurements;
      2) use of standards of units of measurement, measurement means, standard samples and certified procedures (methods) of measurements, for which the metrological traceability of results to the International System of Units (SI), to the national (primary) standards and (or) to the international standards of units of measurements received with their aid, is ensured by the member states;
      3) mutual provision of uniformity of measurements in the field of ensuring of uniformity of measurements, contained in the relevant information funds of the member states;
      4) application of coordinated procedures of execution of works in the field of ensuring of uniformity measurements.
      4. The member states shall take measures, directed to harmonization of the legislation of the member states in the field of ensuring of the uniformity of measurements in relation of establishment of requirements to measurements, units of measurements, standards of units of measurements and value scales, measurement means, standards of samples, procedures (methods) of measurements on the basis of documents, adopted by the international and regional organizations on metrology and standartization.
      5. The member states shall carry out the mutual recognition of results of works in the field of ensuring of uniformity of measurements, executed by the bodies of the state power (administration) or legal entities of the member states, authorized (notified) in accordance with the legislation of its state for execution of works in the field of ensuring of uniformity of measurements, according to the approved procedures of conducting of these works and rules of mutual recognition of results on ensuring of uniformity of measurements.
      Recognition of results of works in the field of ensuring of uniformity of measurements shall be carried out in relation to the measurements means, produced in the territories of the member states.
      6. The member states shall organize conducting of works on creation and improvement of standards of units of measurements, determination and development of nomenclature of standard samples, establishment of equivalence of standards of units of measurements of the member states by their regular intercomparison for the purposes of ensuring of metrological traceability of results of measurements, standards of units of measurements, standard samples of the member states to the national (primary) standards and International System of Units (SI).
      7. The information funds of the member states in the field of ensuring of uniformity of measurements shall form the regulatory legal acts of the member states, regulatory and international documents, international treaties of the member states in the field of ensuring of uniformity of measurements, certified procedures (methods) of measurements, measurement means in the fields regulated by the member states, details on standards of units of measurements and value scales, approved types of standard samples and approved types of measurement means.
      Maintenance of information funds shall be carried out in accordance with the legislation of the member states, mutual provision of details contained in the information funds shall be organized by the bodies of the state power (administration) of the member states, specified in paragraph 5 of this Minute in the manner established by Commission.
      8. The member states shall vest the bodies of the state power (administration) with the relevant powers in the field of ensuring of uniformity of measurements, which conduct the consultations, directed to coordination of positions of the member states and carry out coordination and conducting of works in the field of ensuring of uniformity of measurements.
      9. Commission shall approve the following documents:
      1) the list of off-system units of measurements, applied upon development of technical regulations of the Union, including their correlation with International System of Units (SI);
      2) rules of mutual recognition of results of works on ensuring of uniformity of measurements;
      3) procedure of conducting of works in the field of ensuring of uniformity of measurements, as well as:
      procedure of conducting of metrological examination of project of technical regulation of the Union, project of the list of standards, in the result of application of which the observation of requirements of technical regulation of the Union, project of the list of standards, contained the rules and methods of researches (tests) and measurements, as well as the rules of selection of samples, necessary for application and execution of requirements of technical regulation of the Union and carrying out of compliance assessment of objects of technical regulation shall be provided on a voluntary basis;
      procedure of organization of conducting of interlaboratory comparison tests (interlaboratory intercomparison);
      procedure of metrological certification of procedure (method) of measurements;
      the order of certification of procedure (method) of measurements, applied as reference procedure (method) of measurements;
      procedure of approval of the type pf measurements means;
      procedure of approval of the type of standard sample;
      procedure of organization of verification and calibration of measurement means;
      4) procedure of mutual provision of details in the field of ensuring of uniformity of measurements, contained in the information funds of the member states.

ANNEX No.11     
to Agreement on   
Eurasian Economic Union

MINUTE
on recognition of results of works on accreditation
of bodies on compliance assessment

      1. This Minute is developed in accordance with section X of Agreement on Eurasian Economic Union (hereinafter – the Agreement) and determines the conditions of mutual recognition of results of works on accreditation of bodies on compliance assessment.
      2. The concepts used in this Minute shall have the following meanings:
      “appeal” – application of body on compliance assessment to the body on accreditation on revision of decision, adopted by the body on accreditation in relation of this body on compliance assessment;
      “certification of expert on accreditation” – approval of compliance of individual with the established requirements and recognition of its competence on conducting of works on accreditation;
      “complaint” – an application, contained the expression of dissatisfaction with the actions (omission) of body on compliance assessment or body on accreditation on the part of any person and requiring the answer;
      “applicant for accreditation” – a legal entity, registered in accordance with the legislation of the member states and pretending to reception of accreditation as the body on compliance assessment;
      “body on accreditation” – the body or legal entity, authorized in accordance with the legislation of the member states for conducting of accreditation;
      “technical expert” – an individual, having the special knowledge in the determined field of accreditation, entailed and appointed by the body on accreditation for participation in the accreditation of bodies on compliance assessment and included to the register of technical experts;
      “expert on accreditation” – an individual certified and appointed by the body on accreditation in the manner established by the legislation of the member state for conducting of accreditation of bodies on compliance assessment and included to the register of experts on accreditation.
      3. The member states shall carry out harmonization of the legislation in the scope of accreditation by:
      adoption of rules in the field of accreditation on the basis of international standards and other documents, adopted by international and regional organizations on accreditation;
      application of interstate standards in the field of accreditation, developed on the basis of international standards;
      ensuring and organization of conducting of interlaboratory comparative tests (interlaboratory intercomparison);
      information exchange in the field of accreditation on the basis of principles of transparency of information, gratuitousness and timeliness.
      The member states shall mutually recognize accreditation of bodies on compliance assessment (as well as bodies on certification and testing laboratories (centers)) in the national systems of accreditation of the member states upon execution of provisions of Article 54 of Agreement by the bodies on accreditation.
      4. Bodies on accreditation shall carry out the following powers:
      1) carry out formation and maintenance of: register of accredited bodies on compliance assessment;
      register of experts on accreditation;
      register of technical experts;
      national part of the unified register of bodies on compliance assessment of the Union;
      2) provide details from registers of accredited bodies on compliance assessment, experts on accreditation and technical experts, as well as other details and documents, relating to accreditation and provided by Agreement, to the integrated information system of the Union;
      3) offer an opportunity to the representatives of bodies on accreditation to carry out the mutual comparative assessment for the purposes of achievement of equivalence of procedures, applied in the member states;
      4) consider and adopt decisions in relation of appeals, filed by the bodies on compliance assessment on revision of decisions, adopted by the body on accreditation in relation of these bodies on compliance assessment;
      5) consider and adopt decisions in relation of complaints from individuals or legal entities of the member states on the activity of bodies on accreditation, as well as on activity of bodies on compliance assessment, accredited by them.
      5. Relevant information on body on accreditation shall be provided by it to the Commission for placement on the official site of the Union in the Internet.
      6. The bodies on accreditation shall ensure harmonization of requirements, presented to the competence of experts on accreditation and technical experts for the purposes of ensuring of equivalent level of competence of experts on accreditation and technical experts.

ANNEX No.12       
to Agreement      
on Eurasian Economic Union

MINUTE
on application of sanitary, veterinary and sanitary,
quarantine phytosanitary measures

I. General provisions

      1. This Minute is developed in accordance with section XI of Agreement on Eurasian Economic Union and determines procedure of application of sanitary, veterinary and sanitary, quarantine phytosanitary measures.
      2. The concepts used in this Minute shall have the following meanings:
      “audit of foreign official system of supervision” – procedure of determination of ability of foreign official system of supervision to ensure the level of safety of goods, subjected to veterinary control (supervision), at least equivalent to the unified veterinary (veterinary and sanitary) requirements;
      “veterinary control (supervision) – an activity of the authorized bodies in the field of veterinary, directed to prevention of import and distribution of agents of contagious animal diseases, as well as common to human and animals, and goods, not corresponding to the unified veterinary (veterinary and sanitary) requirements, as well as prevention, detection and suppression of violations of requirements of international treaties and acts, constituting the Law of the Union and the legislation of the member states in the field of veterinary;
      “veterinary and sanitary measures” – compulsory for execution of requirement and procedures, applied for the purposes of prevention of animal diseases and protection of population from diseases, common to human and animals in connection with arising risks, as well as in the case of transmission or distribution them by animals, with feeds, raw materials and products of animal origin, as well as transport vehicles within the customs territory of the Union;
      “veterinary certificate” – a document, issued by the authorized bodies in the field of veterinary on goods, controlled to the veterinary control (supervision), subjected to movement (transportation), and certifying their safety in the veterinary and sanitary relation and (or) welfare of administrative territories of places of production of these goods on contagious diseases of animals, as well as diseases common to human and animals’
      “state registration” – a procedure of compliance assessment of products with the unified sanitary and epidemiological, hygienic requirements or requirements of technical regulations of the Union, carried out by the authorized bodies in the field of sanitary and epidemiological welfare of population;
      “state sanitary and epidemiological supervision (control)” – an activity of the authorized bodies in the field of sanitary and epidemiological welfare of population, directed to prevention, detection and suppression of violations of compulsory requirements, established by the Commission and the legislation of the member states in the field of sanitary and epidemiological welfare of population;
      “unified veterinary (veterinary and sanitary) requirements” – requirements, presented to goods controlled to the veterinary control (supervision), their circulation and objects, subjected to veterinary control (supervision), directed to non-admission of occurrence, import and distribution of agents of contagious animals disease, as well as common to human and animals, and goods of animal origin, dangerous in the veterinary and sanitary relation, in the customs territory of the Union;
      “unified quarantine phytosanitary requirements” – requirements, presented to the regulated products (regulated cargos, regulated materials, regulated goods), subjected to quarantine phytosanitary control (supervision) in the customs border of the Union and in the customs territory of the Union, its circulation and regulated objects, directed to non-admission of occurrence, import and distribution of quarantine objects in the customs territory of the Union;
      “unified rules and regulations of ensuring of plant quarantine” – the rules, procedures, instructions, procedures of quarantine phytosanitary inspections, methods of examination of regulated products (regulated cargos, regulated materials, regulated goods), subjected to quarantine phytosanitary control (supervision) in the customs border of the Union and in the customs territory of the Union, identification of quarantine objects, conducting of laboratory researches and examinations, disinfection and other most important measures, carried out by the authorized bodies on plant quarantine;
      “unified sanitary and epidemiological, hygienic requirements to products (goods), subjected to the sanitary and epidemiological supervision (control)” – a document, contained the requirements compulsory for observation and established by the Commission, presented to controlled sanitary and epidemiological supervision (control) of products (goods), directed to prevention of harmful effect on the human factors of environment and ensuring of favorable conditions of human life and activities;
      “animals” – all species of animals, including birds, bees, aquatic animals and wildlife species;
      “plant quarantine” – a legal regime, providing the system of measures on protection of plants and products of plant origin from quarantine objects in the customs territory of the Union;
      “quarantine objects” – hazardous organisms, are absent or stenotopic in the territories of the member states and introduced in the unified list of quarantine objects of the Union;
      “quarantine phytosanitary security” – ensuring of the state of security of the customs territory of the Union from risks, arising upon penetration and (or) distribution of quarantine objects;
      “quarantine phytosanitary control (supervision) – an activity of the authorized bodies on plant quarantine, directed to revelation of quarantine objects, establishment of quarantine phytosanitary state of regulated products (regulated cargos, regulated materials, regulated goods), execution of international obligations and observation of the legislation of the member states in the field of plant quarantine;
      “quarantine phytosanitary measures” – the requirements, rules and procedures compulsory for execution and applied for the purposes of ensuring of protection of customs territory of the Union of importation and distribution of quarantine objects and reduction of losses caused by them, as well as removal of obstacles in the international trade of regulated products (regulated cargos, regulated materials, regulated goods);
      “object subjected to the veterinary control (supervision)” – organization or person, participating in manufacturing (production), processing, transportation and (or) storage of goods, controlled to the veterinary control (supervision);
      “batch of regulated products (regulated cargos, regulated materials, regulated goods)” – a number of regulated products (regulated cargos, regulated materials, regulated goods), intended for sending by one transport vehicle to the one point of destination to one recipient;
      “batch of regulated veterinary control (supervision) of goods” – a number of regulated veterinary control (supervision) of goods, intended for sending by one transport vehicle to the one point of destination to one recipient and executed by one veterinary certificate;
      “regulated products (regulated cargos, regulated materials, regulated goods)” – plants, products of plant origin, cargos, soil, organisms, materials, container, packing, included to the list of regulated products (regulated cargos, regulated materials, regulated goods), subjected to quarantine phytosanitary control (supervision) in the customs border of the Union and in the customs territory of the Union, and transferred through the customs border of the Union and customs territory of the Union, which may be carriers of quarantine objects and (or) facilitate to their distribution and in relation of which it is necessary to take the quarantine phytosanitary measures;
      “regulated objects” – the lands of any designated purpose, buildings, structures, constructions, tanks, places of storage, equipment, transport vehicles, containers and other objects, which may be the sources of penetration to the customs territory of the Union and (or) distribution of quarantine objects;
      “products (goods), controlled to the state sanitary and epidemiological supervision (control)” – the goods, chemical, biological and radioactive substances, including ionizing radiation sources, waste and other cargos, posing a danger for human, food products, materials and articles, included to the list of products (goods), subjected to the sanitary epidemiological supervision (control), transferred through the customs border of the Union and customs territory of the Union;
      “goods controlled to the veterinary control (supervision)” – the goods, included to the unified list of goods, subjected to the veterinary control (supervision);
      “products, subjected to the state registration” – separate types of products, which may render a harmful effect to human life and health upon their circulation and security of which is approved by the fact of existence of the state registration;
      “permission to import (export) or transit of goods controlled to the veterinary control (supervision)” – a document, determining procedure and conditions of the use of goods controlled to the veterinary control (supervision) based on the epizootic status of the exporting countries upon import and transit of goods controlled to the veterinary control (supervision), issued by the civil servant, authorized in accordance with the legislation of the member state of the authorized body in the field of veterinary;
      “sanitary, veterinary and sanitary, quarantine phytosanitary measures” – compulsory for execution sanitary, veterinary and sanitary, quarantine phytosanitary requirements and procedures, applied for the purposes of:
      protection of human and animals life and health from risks, arising from additives, contaminating agents, toxins or disease-causing organisms in the food products, beverages, animal feed and other products;
      protection of life and health of animals and plants from risks, arising in connection with penetration, rooting (fixation) or distribution of agents of plant pests and animals, plants (weeds), organisms – transmitting agents of diseases or pathogens organisms, having quarantine significance for the member states;
      protection of human life and health from risks, arising in connection with diseases, carried by animals, plants or products from them;
      prevention or restriction of other damage, caused by penetration, rooting (fixation) or distribution of plant pests and agents of diseases of plants and animals, plants (weeds), pathogens organisms, having quarantine significance for the member states, as well as in the case of transmission or distribution them by animals and (or) plants, with products, cargos, materials, transport vehicles;
      “sanitary and quarantine control” – a type of the state sanitary and epidemiological supervision (control) in relation of persons, transport vehicles and products (goods) controlled to the state sanitary and epidemiological supervision (control) in the checkpoints through the customs border of the Union, in the interstate transfer stations or locomotive changing stations for the purposes of prevention of import of products (goods) potentially hazardous to human health, importation, occurrence and distribution of contagious and mass non-contagious diseases (poisoning);
      “sanitary anti-epidemic measures” – organizational, administrative, engineering and technical, medical and sanitary, preventive and other measures, directed to evaluation of risk of harmful effect on the human factors of environment, elimination or reduction of such risk, prevention of occurrence and distribution of infectious and mass noninfectious diseases (poisoning) and their elimination;
      “sanitary and epidemiological welfare of the population” - the state of health of population, environment, upon which there is no harmful effect of environmental factors on human and provides the favorable conditions of its life activity;
      “sanitary measures” – compulsory for execution of requirements and procedures, as well as requirements to the final products, methods of processing, production, transportation, storage and utilization, procedure of selection of samples, methods of researches (tests), evaluation of risk, state registration, requirements to marking and packing, immediately directed to ensuring of security of products (goods) for the purposes of protection of human life and health;
      “certificate on the state registration” – a document, approving security of products (goods), certifying compliance of products (goods) to the unified sanitary and epidemiological, hygienic requirements and issued by the authorized body in the field of sanitary and epidemiological welfare of population on the unified form and in the manner which are approved by the Commission;
      “authorized bodies in the field of veterinary” – the state bodies and institutions of the member states, carrying out activity in the field of veterinary;
      “authorized bodies in the field of sanitary and epidemiological welfare of population” – the state bodies and institutions of the member states, carrying out an activity in the field of sanitary and epidemiological welfare of population in accordance with the legislation of the member states and acts of the Commission;
      “authorized bodies on plant quarantine” – national organizations on quarantine and plant protection;
      “phytosanitary check station” – plant quarantine station, created in the checkpoints through the customs border of the Union and in other places, determined in accordance with the legislation of the member states;
      “phytosanitary certificate” – a document of international standard, accompanying the regulated products (regulated cargos, regulated materials, regulated goods) and issued by the authorized body on plant quarantine of the exporting country (re-exporter) in the form, established by the International convention on quarantine and protection of plants from 6 December, 1951, and certifying that the regulated products (regulated cargos, regulated materials, regulated goods) correspond to the phytosanitary requirements of the importing country;
      “epizootic state” – veterinary and sanitary situation in the defined territory at the specified time, characterized by the existence of animal diseases, their distribution and incidence.

II. Sanitary measures

      3. The state sanitary and epidemiological supervision (control) shall be conducted in the manner, approved by the Commission in the customs border of the Union and in the customs territory of the Union.
      4. The member states create the sanitary and quarantine stations in the checkpoints, intended for transfer of products (goods), controlled to the state sanitary and epidemiological supervision (control) through the customs border of the Union and take measures on conducting of necessary sanitary and anti-epidemic measures.
      The member states shall carry out the sanitary and quarantine control in the sanitary and quarantine stations, specially supplied and equipped with the means for conducting of sanitary and anti-epidemic measures in accordance with the legislation of the member states in recognition of requirements, approved by the Commission.
      Commission shall determine the list of products, transfer of which through the customs border of the Union is carried out in the specially equipped checkpoints, determined in accordance with the legislation of the member states and acts, constituting the Union Law.
      Circulation of products, subjected to the state registration in accordance with the acts of the commission, shall be carried out in the territory of the Union in the existence of the state registration.
      5. The member states shall:
      1) take the agreed measures, directed to prevention of importation, distribution and liquidation of infectious and mass non-infectious diseases (poisoning), dangerous for human health in the customs territory of the Union, consequences of emergency situations, as well as acts of terrorism with application of biological agents, chemical and radioactive substances in the customs territory of the Union;
      2) carry out sanitary and anti-epidemic measures on non-admission of import to the customs territory of the Union and turnover of products (goods) dangerous for life, health of human and environment, controlled to the state sanitary and epidemiological supervision (control).
      6. The member states shall have a right to introduce the temporary sanitary measures and conduct sanitary and anti-epidemic measures in the case of:
      deterioration of sanitary and epidemiological situation in the territory of the member state;
      receiving of information from the relevant international organizations, member states or third countries on applied sanitary measures and (or) deterioration of sanitary and epidemiological situation;
      if the relevant scientific rationale of application of sanitary measures is insufficient or may not be presented in the necessary terms;
      identification of products (goods), controlled to the state sanitary and epidemiological supervision (control), not relevant to the unified sanitary requirements or technical regulations of the Union.
      The member states shall inform each other on introduction by them of sanitary measures, conducting of measures and their change in the shortest possible time.
      Upon introduction of the temporary sanitary measures by the member state, other member states shall take the necessary measures and conduct sanitary and anti-epidemic measures, ensuring an appropriate protection level of the member state, adopted decision on introduction of such measures.
      7. Authorized bodies in the field of sanitary and epidemiological welfare of population shall:
      carry out sanitary and epidemiological supervision (control) in relation of persons, transport vehicles, products (goods), controlled to the state sanitary epidemiological supervision (control) upon transfer of them through the customs border of the Union in the checkpoints of the member states, located in the customs border of the Union and in the customs territory of the Union;
      have a right to request the necessary minutes of laboratory researches (tests) from the authorized bodies of other state bodies;
      render the mutual scientific and methodological, technical assistance in the field of sanitary and epidemiological welfare of population;
      inform each other on possible recipients of goods, not corresponding to the unified sanitary and epidemiological, hygienic requirements, on each case of identification of dangerous infectious diseases, specified in the international medical and sanitary rules, and products dangerous for human life and health;
      conduct the joint verifications (inspections) in the territory of the member states, producing the products (goods) controlled to the state sanitary and epidemiological supervision (control), if it is necessary and on mutual agreement for the purposes of observation of requirements, established by the acts, constituting the Union Law in the field of sanitary measures and protection of customs territory of the Union from import and distribution of infectious and mass non-infectious diseases (poisoning), products (goods) controlled to the state sanitary and epidemiological supervision (control), not corresponding to the sanitary and epidemiological, hygienic requirements, as well as for operational solution of other issues.
      The authorized bodies in the field of sanitary and epidemiological welfare of population in the cases of detection of infectious and mass non-infectious diseases (poisoning) and (or) distribution of products, dangerous for human life and health, environment, in the customs territory of the Union, direct information on them, as well as on adopted sanitary measures to the integrated information system of the Union.
      8. Expenditure financing, related with conducting of joint verifications (inspections) shall be carried out at the expense of means of relevant budgets of the member states, if in a particular case does not coordinate other procedure.

III. Veterinary and sanitary measures

      9. Veterinary control (supervision) shall be conducted in the customs border of the Union and customs territory of the Union in accordance with provision on unified procedure of carrying out of veterinary control in the customs border of the Union and in the customs territory of the Union, approved by the Commission.
      10. The member states shall create veterinary border control stations and take necessary veterinary and sanitary measures in the checkpoints, intended for transfer of goods, controlled to the veterinary control (supervision) through the customs border of the Union.
      11. Authorized bodies in the field of veterinary medicine shall:
      1) take measures on non-admission of import and distribution of agents of contagious animal diseases, as well as common for human and animal, and goods (products) of animal origin, dangerous in the veterinary and sanitary relation, in the customs territory of the Union;
      2) in the case of detection and distribution of contagious animal diseases, as well as common for human and animal, and goods (products) of animal origin, dangerous in the veterinary and sanitary relation, in the territory of the member state, immediately direct information on them to the Commission, as well as on adopted veterinary and sanitary measures to the integrated information system of the Union, as well as for notification of the authorized bodies of other member states, after official determination of diagnosis or approval of insecurity of goods (products);
      3) timely notify the Commission on changes, introduced to the list of dangerous and quarantine animal diseases of the member state;
      4) render the mutual scientific, methodological and technical assistance in the field of veterinary medicine;
      5) carry out audit of foreign official system of supervision in the manner, approved by Commission.
      12. Joint verification (inspection) of objects, subjected to veterinary control (supervision) shall be carried out in accordance with provision on unified procedure for conducting of joint verifications of objects and selection of samples of goods, subjected to the veterinary control (supervision).
      Expenditure financing, related with conducting of an audit of foreign official systems of supervision and joint verifications (inspections) shall be carried out at the expense of the means of relevant budgets of the member states, if in a particular case does not coordinate other procedure.
      13. Rules and methodology of conducting of laboratory researches upon carrying out of veterinary control (supervision) shall be established by Commission.
      14. Rules of regulation of circulation of veterinary medicinal products, diagnostic agents of veterinary purpose, feed additives, disinfectant and disinsection means shall be established by the Commission and the legislation of the member states.
      15. The member states may coordinate the samples of veterinary certificates for the goods, imported to the customs territory of the Union and controlled to the veterinary control (supervision), included to the unified list of goods and subjected to the veterinary control (supervision), different from the common forms, with the component bodies of country of origin (third party) in accordance with the acts of Commission on the basis of unified veterinary (veterinary and sanitary) requirements and international recommendations, standards, guidelines.
      16. The goods, placed under the customs procedure of transit, controlled to the veterinary control (supervision) shall be transferred through the customs territory of the Union in the manner established by Commission.
      Issuance of permission for import (export) and transit of goods, controlled to the veterinary control (supervision) and execution of veterinary certificates shall be carried out by the authorized bodies in the field of veterinary medicine in accordance with the legislation of this member state.
      17. Unified forms of veterinary certificated shall be approved by the Commission.

IV. Quarantine phytosanitary measures

      18. Quarantine phytosanitary control (supervision) in the customs territory of the Union and in the customs territory of the union shall be carried out in the manner approved by Commission.
      18. Unified rules and regulations of ensuring of plant quarantine shall be approved by the Commission,
      20. The member states shall create the plant quarantine stations (phytosanitary check stations) in recognition of requirements to their material and technical equipment and arrangement, approved by the Commission, in the checkpoints, intended for the transfer of regulated products (regulated cargos, regulated materials and regulated goods) through the customs border of the Union.
      21. The member states shall take the necessary measures on prevention of importation of quarantine objects to the customs territory of the Union and distribution in it.
      22. Authorized bodies on plant quarantine shall:
      1) carry out quarantine phytosanitary control (supervision) upon transfer of regulated products through the customs border of the Union in the checkpoints and in other places, in which the stations on plant quarantine (phytosanitary check stations) are equipped;
      2) carry out quarantine phytosanitary control (supervision) upon transfer of regulated products from the territory of one member state to the territory of another member state;
      3) in the case of detection and distribution of quarantine objects in the customs territory of the Union, direct information on them, as well as on adopted quarantine phytosanitary measures to the integrated information system of the Union;
      4) timely inform each other on the cases of detection and distribution of quarantine objects in the territories of their states and on introduction by them of temporary quarantine phytosanitary measures;
      5) render scientific, methodological and technical assistance to each other in the field of ensuring of plant quarantine;
      6) annually exchange of statistical information over the past year, concerning detection and distribution of quarantine objects in the territories of their states;
      7) exchange of information, concerning the quarantine phytosanitary state of the territories in the member states, and if it is necessary other information, as well as details on effective methods of struggle against quarantine objects;
      8) develop suggestions on formation of the list of regulated non-quarantine hazardous organisms, unified list of quarantine objects of the Union on the basis of information on hazardous organisms;
      9) interact on other issues in the field of quarantine phytosanitary control (supervision);
      10) on mutual agreement:
      direct the specialists for the purposes of conducting of joint inspection of places of production (manufacturing), sorting, processing, stocking and packing of regulated products, imported to the customs territory of the Union from the third countries;
      participate in development of the unified rules and regulations of ensuring of plant quarantine.
      23. Each batch of regulated products (regulated cargos, regulated materials, regulated goods) referred to the group of regulated products (regulated cargos, regulated materials, regulated goods) with high phytosanitary risk in accordance with the list of regulated products shall be imported to the customs territory of the Union and (or) transferred from the territory of one member state to the territory of another member state, accompanied by the export (re-export) of phytosanitary certificate.
      24. Laboratory supply of quarantine phytosanitary measures shall be carried out in the manner approved by the Commission.
      25. Each member state shall have the right to develop and introduce the temporary quarantine phytosanitary measures in the case of:
      1) deterioration of quarantine phytosanitary situation in its territory;
      2) reception of information on adopted quarantine phytosanitary measures from the relevant international organizations, member states and (or) third countries;
      3) if the relevant scientific rationale application of quarantine phytosanitary measures is insufficient or may not be presented in the necessary terms;
      4) systematic detection of quarantine objects in the regulated products (regulated cargos, regulated materials, regulated goods), imported from the third countries.

ANNEX No.13      
to Agreement      
on Eurasian Economic Union

MINUTE on conducting of coordinated policy in the scope
of protection of rights of consumers

I. General provisions

      1. This Minute is developed in accordance with section XII of Agreement on Eurasian Economic Union and determines the principles of conducting of coordinated policy in the scope of protection of rights of consumers and their basic directions by the member states.
      2. The concepts used in this Minute shall have the following meanings:
      “legislation of the member state on protection of rights of consumers” – a set of legal rules, effective in the member state and regulating relations in the field of protection of rights of consumers;
      “producer” – organization irrespective of the form (type) of ownership, as well as individual, registered as individual entrepreneur, producing the goods for sale to the consumers;
      “executor” - organization irrespective of the form (type) of ownership, as well as individual, registered as individual entrepreneur, executing the works or rendering the services to the consumers;
      “unfair economic entities” – sellers, producers, executors, allowed violations of the legislation of the member states on protection of rights of consumers, usual and customary business practices in their activity, if these violations may cause or caused the property or non-property damage to the consumers and (or) environment;
      “public associations of consumers” – noncommercial associations (organizations) of citizens and (or) legal entities, registered in accordance with the legislation of the member states, created for the purposes of protection of legal rights and interests of consumers, as well as international non-governmental organizations, effective in the territories of all or several member states;
      “consumer” – individual, intended to order (buy) or ordering (purchasing, using) the goods (works, services) exclusively for the personal (domestic) needs, not related with carrying out of entrepreneurial activity;
      “seller” – organization irrespective of the form (type) of ownership, as well as individual, registered as individual entrepreneur, selling the goods to the consumers on agreement of purchase and sale;
      “authorized bodies in the scope of protection of consumer rights” – the state bodies of the member states, carrying out control (supervisory) activity and (or) legal regulation in the scope of protection of consumer rights in accordance with the legislation of the member states, international treaties and acts, constituting the Union Law.

II. Implementation of basic directions of policy in the
scope of protection of consumer rights

      3. For the purposes of formation of equal conditions of ensuring of protection of rights and legal interests of consumers for the citizens of the member states, the member states shall carry out conducting of coordinated policy in the scope of protection of consumer rights in recognition of the legislation of the member states on protection of consumer rights and rules of international right in this scope on the following basic directions:
      1) providing of consumers, state bodies and public associations of consumers of operational and reliable information on goods (works, services), producers (sellers, executors);
      2) taking measures on prevention of activity of unfair economic entities and sale of defective goods (services) in the territories of the member states;
      3) creation of conditions for the consumers, contributing to the free choice of goods (works, services), by development of legal literacy and legal awareness of consumers, their awareness on nature, methods of implementation of protection of rights of consumers and interests protected by the Law in the administrative and judicial procedure, as well as an access of consumers of the member states to the legal assistance;
      4) implementation of education programs in the field of protection of rights of consumers as an integral part of training of citizens in the educational systems of the member states;
      5) involvement of mass media, as well as radio and television to the propaganda and the systematic coverage of the issues of protection of consumer rights;
      6) approximation of the legislation of the member states on protection of rights of consumers.

III. Interaction with public associations of consumers

      4. The member states shall contribute to creation of conditions for the activity of independent public associations of consumers, their participation in formation and implementation of coordinated policy in the scope of protection of consumer rights, propaganda and explanation of consumer rights, as well as in the creation of the system of exchange of information in the scope of protection of consumers rights between the member states.

IV. Interaction of the authorized bodies in the scope
of protection of consumers rights

      5. Interaction of the authorized bodies in the scope of protection of consumers rights shall be carried out by:
      1) exchange of information:
      on practice of the member states in the field of the state and public protection of consumers rights;
      on measures on improvement and ensuring of functioning of the system of control of observance of the legislation of the member states on protection of consumers rights;
      on changes in the legislation of the member states on protection of consumers rights;
      2) cooperation on prevention, detection and suppression of violation of the legislation of the member states on protection of consumers rights by the residents of the member states, including the change of information on violations of consumers rights detected in the domestic market, as well as on the basis of requests of the authorized bodies in the scope of protection of consumers rights;
      3) conducting of joint analytical researches on problems, affecting the interests of the member states in the field of protection of consumers rights;
      4) rendering of practical assistance on issues, arising in the process of cooperation, including creation of working groups, exchange of experience and personnel training;
      5) organization of exchange of statistical information on results of activity of the authorized bodies in the scope of protection of consumer rights and public associations of consumers;
      6) carrying out of cooperation on other issues in the scope of protection of consumers rights.

V. The powers of the Commission

      6. The Commission shall exercise the following powers:
      1) develop the recommendations for the member states on application of measures, directed to increase of effectiveness of interaction of the authorized bodies in the scope of protection of rights of consumers;
      2) develop recommendations for the member states on procedure of implementation of provisions, specified in this Minute;
      3) create consultative bodies on issues of protection of consumers rights of the member states.

ANNEX No.14     
to Agreement on   
Eurasian Economic Union

MINUTE on conducting of coordinated macroeconomic policy

I. General provisions

      1. This Minute is developed in accordance with Articles 62 and 63 of Agreement on Eurasian Economic Union (hereinafter – the Agreement) and determines procedure of conducting of coordinated macroeconomic policy by the member states.
      2. The concepts used in this Minute shall have the following meanings:
      “external parameters of forecasts” – indicators that characterize external factors, having a significant effect on economic development of the member states and used upon development of official forecasts of socio-economic development of the member states;
      “interval quantitative values of external parameters of forecasts” – high and low value of interval of external parameters of forecasts;
      “macroeconomic indicators” – parameters, characterizing the state of economy of the member state, its development and stability to influence of unfavorable factors, as well as level of integrated cooperation;
      “basic directions of economic development of the Union” – a recommendatory document, determining perspective directions of socio-economic development, to the implementation of which the member states are worked at the expense of the use of integrated potential of the Union and competitive advantages of the member states for the purposes of reception of additional economic effect by the member state;
      “basic guidelines of macroeconomic policy of the member states” – a program document, determining the short- and medium-term objectives, most important for the economy of the member states, directed to achievement of purposes, established by the basic directions of economic development of the Union, as well as including recommendations on decision of the specified tasks.

II. Implementation of basic directions of coordinated
macroeconomic policy

      3. For the purposes of implementation of basic directions of coordinated macroeconomic policy, the member states shall:
      1) coordinate the measures, directed to the use of integration potential of the Union and competitive advantages of the member states, in those scopes and branches of economy, where it is necessary or advisable;
      2) consider the basic directions of economic development of the Union, basic guidelines of macroeconomic policy of the member states upon conducting of coordinated macroeconomic policy;
      3) develop the official forecasts of socio-economic development of the member states in recognition of established interval quantitative values of external parameters of forecasts;
      4) conduct coordinated macroeconomic policy within the quantitative values, specified in Article 63 of Agreement of the macroeconomic indicators, determining stability of economic development;
      5) develop and implement the measures, as well as the joint, upon participation of Commission, in the case if the macroeconomic indicators, determining stability of economic development of any member state do not correspond to the quantitative values, established by Article 63 of Agreement, as well as if it is necessary, consider recommendations of Commission, directed to stabilization of economic situation in accordance with procedure, approved by Commission;
      6) conduct consultations on issues, relating to the current economic situation in the member state, for development of suggestions, directed to stabilization of economy.

III. Competence of Commission

      4. Commission shall coordinate conducting of coordinated macroeconomic policy by the member states by:
      1) monitoring of:
      macroeconomic indicators, determining stability of economic development of the member states, calculated according to the method approved by Commission, and their correspondence to the quantitative values, established by Article 63 of agreement;
      indicators of the level and dynamics of development of economy and indicators of the degree of integration, determined in section IV of this Minute;
      2) development of the following documents, approved by the Supreme council in coordination with the member states:
      basic directions of economic development of the Union;
      basic guidelines of macroeconomic policy of the member states;
      joint measures, directed to stabilization of economic situation, in the case of exceeding of quantitative parameters of macroeconomic indicators, determining stability of economic development, specified in Article 63 of Agreement by the member states;
      3) development of:
      recommendations, directed to stabilization of economic situation, in the case of exceeding of quantitative parameters of macroeconomic indicators, determining stability of economic development, specified in Article 63 of Agreement by the member states;
      in the analytical (reference) purposes of forecasts of socio-economic development of the union on the basis of established interval quantitative values of external parameters of forecasts;
      4) assistance in conducting of consultations on issues, relating to the current economic situation in the member state, for development of suggestions, directed to stabilization of economy;
      5) coordination of interval quantitative values of external parameters of forecasts with the member states, approved by Commission for preparation of official forecasts of socio-economic development of the member states;
      6) analysis of:
      influence of adopted decisions on conditions of economic activity and entrepreneurial activity of economic entities of the member states;
      measures of coordinated macroeconomic policy in a part of their correspondence to the basic guidelines of macroeconomic policy of the member states;
      7) exchange of information between the authorized bodies of the member states and Commission for the purposes of conducting of coordinated macroeconomic policy.
      Procedure of such exchange shall be approved by Commission.

IV. Indicators of degree of integration, level and dynamics of
development of economy, external parameters of forecasts

      5. For determination of degree of integration shall be used the following indicators:
      1) the amount of national investments, directed to economy of each member state, as well as direct investments (in US dollars);
      2) the amount of investments, received to the national economy from each member state, as well as direct investments (in US dollars);
      3) a share of each member state in general volume of export of the member state (in percent)
      4) a share of each member state in the total volume of import of the member state (in percent);
      5) a share of each member state in the total external turnover of the member state (in percent).
      6. For determination of the level and dynamics of development of economy shall be used the following indicators:
      1) the rates of growth of gross domestic product (in percent);
      2) gross domestic product per capita at parity of purchasing ability (in US dollars);
      3) balance of an account of current operations of balance of payment (in US dollars and percent of gross domestic product);
      4) index of real effective exchange rate of the national currency, calculated on the basis of index of consumer prices (in percent).
      7. Decision on conducting of monitoring of other indicators of the degree of integration, level and dynamics of development of economy of the member states, respectively different from the specified in paragraphs 5 and 6 of this Minute, may be adopted by the Commission in coordination with the member states.
      8. The member states shall coordinate the interval quantitative values of the following external parameters of forecasts for the 3-years period:
      rates of growth of the world economy;
      the prices for oil of the brand Brent.
      Bodies of executive power, authorized for preparation of official forecasts of socio-economic development of the member states shall be also exchanged information on the state of foreign trade operations, as well as in the mutual trade. The Russian Federation shall provide information on approximate interval of the change of target price on natural gas, supplied for the domestic consumption, specified by the authorized body for formation of official forecasts of socio-economic development of separate member states in the manner approved by the Commission.
      The specified information, provided by the Russian Federation for the purposes of macroeconomic forecasting shall not be the obligation of the Russian Federation on the price of supply of natural gas in the member state during the forecast period.
      National (central) banks of the member states shall inform each other on conducted exchange rate policy.
      9. Exchange of information for the purposes of macroeconomic forecasting shall be carried out in recognition of requirements of the member states to the confidentiality of the relevant information.
      10. Decision on revision of external parameters of forecasts, used upon development of official forecasts of socio-economic development of the member states may be adopted by the Superior council.

ANNEX No.15     
to Agreement on   
Eurasian Economic Union

MINUTE on measures, directed to conducting of
coordinated foreign policy

I. General provisions

      1. This Minute is developed in accordance with Article 64 of Agreement on Eurasian Economic Union and determines the measures, applied by the member states for the purposes of conducting of coordinated currency policy.
      2. The concepts used in this Minute shall have the following meanings:
      “currency legislation” – the legislative acts of the member states in the scope of currency regulation and currency control and regulatory legal acts, adopted for their execution;
      “currency restriction” – restrictions for the currency operations, expressed in their direct prohibition, limitation of volumes, number and terms of conducting, currency of payment, in the establishment of requirements on reception of special permissions (licenses) for their conducting, booking of the part, the entire amount or the amount, multiple to the entire amount of conducted foreign operation, as well as restrictions, related with opening and maintenance of accounts in the territories of the member states, and requirements on compulsory sale of foreign currency, established by the international treaties and acts, constituting the Union Law, or currency legislation of the member states;
      “integrated currency market” – a set of domestic currency markets of the member states, associated by common principles of functioning and state regulation;
      “liberalization measures” – the actions, directed to relaxation or cancellation of currency restrictions in relation of currency operations between the residents of the member states, as well as in relation of operations with residents of third countries;
      “resident of the member state” – a person, who is the resident of one of the member states in accordance with currency legislation of this member state;
      “resident of third country” – a person, who is not the resident of any of the member states;
      “authorized organizations” – legal entities who are residents of the member states and who have the powers for conducting of banking operations in foreign currency in accordance with the legislation of the state of its institution;
      “authorized bodies of currency control” – bodies of executive power, other state bodies of the member states, having the power on carrying out of currency control, and national (central) banks of the member states.
      The member states shall apply the concept “non-resident” upon regulation of currency legal relations in accordance with the national currency legislation.

II. Measures directed to conducting of coordinated
currency policy

      3. For the purposes of conducting of coordinated currency policy the member states shall take the following measures:
      1) coordination of policy of exchange rate of national currency (hereinafter – exchange rate policy) for ensuring of expansion of the use of national currencies of the member states in the mutual calculations of residents of the member states, as well as organization of conducting of mutual consultations for the purposes of development and coordination of measures of exchange rate policy;
      2) ensuring of convertibility of national currencies on current and capital balance of payments figure without restrictions by creation of conditions for possibility of purchase and sale of foreign currency by the residents of the member states by the banks of the member states without restrictions;
      3) creation of conditions for ensuring of direct mutual quotations for national currencies of the member states;
      4) ensuring of conducting of mutual calculations between the residents of the member states in the national currencies of the member states;
      5) improvement of mechanism of payment and calculation relations between the member states on the base of expansion of the use of national currencies in the mutual calculations between the residents of the member states;
      6) non-admission of multiplicity of official exchange rates of national currencies, preventing to the mutual trade between the residents of the member states;
      7) establishment of the official exchange rates of the national currencies of the member states by the national (central) banks of the member states on the basis of exchange rates, forming in the exchanging market, or on the basis of cross rates of the national currencies of the member states to the US dollars;
      8) exchange of information on the state and prospects of development of currency market;
      9) formation of integrated currency market of the member states;
      10) ensuring of an access by each member state to their domestic currency market of banks that are the residents of the member states and having the right to implement the currency operations, for conducting of interbank conversion operations on conditions of provision of national regime in accordance with the legislation of this member state;
      11) granting a right to free conversion of their funds to the banks of the member states in the national currencies of the member states, being in their correspondent accounts, to the currencies of third countries;
      12) creation of conditions of placement of foreign currency assets of the member states in the national currencies of other member states, as well as in their state securities;
      13) further development and increasing of liquidity of domestic currency markets;
      14) development of trading of national currencies in the organized markets of the member states and ensuring of an access of participants of currency market of the member states to them;
      15) development of organized market of derivative financial instruments.
      4. For the purposes of approximation of the legislation of the member states, regulating the currency legal relations, and adoption of measures of liberalization, the member states shall:
      1) ensure the gradual elimination of currency restrictions in relation of currency operations, preventing to the effective economic cooperation and opening or maintenance of accounts by the residents of the member states in the banks, located in the territories of the member states;
      2) determine the coordinated approaches to the procedure of opening or maintenance of accounts of the residents of third countries in the banks, located in the territories of the member states, as well as accounts of residents of the member states in the banks, located in the territories of third countries;
      3) based on the principle of preservation of national sovereignty in relation of development of approaches to the requirement of repatriation of monetary means, subjected to the compulsory transfer to their banking accounts by the residents of the member states;
      4) determine the list of currency operations, carried out between the residents of the member states in relation of which the currency restrictions are not applied;
      5) determine the necessary volume of rights and obligations of residents of the member states upon carrying out of currency operations, including the rights for execution of calculations without the use of banking accounts in the banks, located in the territory of the member states;
      6) ensure harmonization of requirements on repatriation of monetary means, subjected to the compulsory crediting to their banking accounts by the residents of the member states;
      7) ensure free transfer of disposable funds and monetary instruments within the customs territory of the Union by the residents and non-residents of the member states;
      8) ensure harmonization of requirements to the accounting and control of currency operations;
      9) ensure harmonization of regulations on responsibility for violation of currency legislation of the member states.

III. Interaction of the authorized bodies of currency control

      5. Interaction of the authorized bodies of currency control shall be carried out by:
      1) exchange of information on:
      on practice of regulatory and law enforcement bodies of the member states in the field of control of observance of currency legislation;
      on measures of improvement and ensuring of functioning of the system of control of observance of currency legislation;
      on issues of organization of currency control, as well as information of legal nature, as well as on the legislation of the member states in the scope of currency control, on the change of the legislation of the member states in the scope of currency control;
      2) cooperation on prevention, detection and suppression of violation of the legislation of the member states by the residents of the member states upon carrying out by them of currency operations, including exchange of information, as well as on the basis of requests of the authorized bodies of currency control, on operations, conducted with violation of currency legislation;
      3) conducting of joint analytical researches on problems, affecting the mutual interests of the member states in the field of currency regulation and currency control;
      4) rendering of practical assistance on issues, arising in the process of cooperation, including creation of working groups, exchange of experience and personnel training;
      5) organization of exchange of statistical information on issues of currency regulation and currency control, as well as:
      on volumes of payments and transfer of monetary means by currency operations between the residents of the member states;
      on the number of accounts, opened by the residents of one member state in the authorized organization of another member state;
      6) carrying out of joint actions on other issues of cooperation of the authorized bodies of the currency control.
      6. Authorized bodies of currency control shall carry out interaction on the specific directions in the scope of currency control, including provision of information on the permanent basis, in accordance with the separate minutes on interaction between the authorized bodies of currency control.
      7. Rendering of practical assistance shall be carried out by:
      organization of working visits of representatives of the authorized bodies of currency control;
      holding of seminars and consultations;
      development of methodological recommendations and exchange them.

IV. Exchange of information on the basis of requests of
the authorized bodies of currency control

      8. Direction and execution of request on provision of information shall be carried out in the following procedure:
      1) a request is transferred in written form or by the use of technical means of text transmission.
      Upon use of technical means of text transmission, as well as in the case of doubts in relation of authenticity or content of received request, requested authorized body of currency control may request an approval in written form;
      2) a request on provision of information within production on cases of administrative infractions shall contain:
      the name of requested authorized body of currency control;
      the name of requested authorized body of currency control;
      short description of facts of the case with the annex, upon necessity of copies of supporting documents;
      qualification of infractions in accordance with the legislation of the state, requested authorized body of currency control;
      other details, necessary for execution of request;
      3) the request and response are composed in Russian languages.
      9. In the case of necessity of transfer of information, received within this Minute to the third party, it is required the written consent of the authorized body of currency control, provided this information.
      10. The request shall be executed in recognition of possibility of observance of procedural periods, established by the legislation of the state of requested authorized body of currency control, by the requested authorized body of currency control.
      The requested authorized body of currency control shall have a right to request an additional information according to the procedure of specification, if it is necessary for execution of request.
      11. Upon impossibility to execute a request, the requested authorized body of currency control shall notify on that the requested authorized body of currency control with specification of reasons.
      12. The authorized bodies of currency control shall bear expenses on exchange of information within interaction in the scope of currency control.
      In the case of reception of requests, requiring the additional expenses, the question on their financing shall be considered by the authorized bodies of currency control on mutual agreement.

V. Currency restrictions

      13. Each of the member states in the exceptional cases (if the situation may not be resolved by other measures of economic policy) shall have a right to introduce the currency restrictions for the term not more than 1 year.
      Upon that the exceptional cases shall include:
      occurrence of consequences, upon which the implementation of measures of liberalization may lead to deterioration of economic and financial situation in the member state;
      negative development of situation in the payment balance, the consequence of which may be reduction of international reserves of the member state lower than the permitted level;
      occurrence of consequences, upon which the implementation of measures of liberalization may cause a damage to the interests of security of the member state and prevent to the maintenance of public order;
      acute fluctuation of rates of the national currency of the member state.
      14. The member state which is introduced the currency restrictions shall notify on that other member states and Commission not later than 15 days from the date of introduction of such restrictions.

ANNEX No.16      
to Agreement      
on Eurasian Economic Union

MINUTE
on the trade in services, institutions, activity and
implementation of investments

I. General provisions

      1. This Minute is developed in accordance with Articles 65-69 of Agreement on Eurasian Economic Union (hereinafter – the Agreement) and determines the legal basis of regulation of the trade in services, institution, activity and implementation of investments in the member states.
      2. Provisions of this Minute shall be applied to any measures of the member states, affecting the supply and obtainment of services, institution, activity and implementation of investments.
      Features of legal relations, arising in connection with the trade in services of telecommunication shall be determined according to the annex No.1 to this Minute.
      “Horizontal” restrictions, maintained by the member states in relation of all sectors and types of activity shall be determined according to annex No.2 to this Minute.
      Individual national lists of restrictions, seizures, additional requirements and conditions (hereinafter – the national lists), provided by paragraphs 15-17, 23, 26, 28, 31, 33 and 35 of this Minute shall be determined by the Superior council.
      3. Provisions of this Minute shall be applied to the open branches, representatives, registered individual entrepreneurs, created, acquired, controlled by the legal entities of the member states, continuing to exist on the date of entering of Agreement into legal force, as well as to the open branches, representatives, registered individual entrepreneurs, created, acquired, controlled by the legal entities of the member states after entering of Agreement into legal force.
      Despite of provisions of paragraphs 15 - 17, 21, 24, 27, 30 and 32 of this Minute, the member states shall reserve the right to adopt and apply any measures in relation of new services, in other words not existing on the date of entering of this Agreement into legal force.
      In the case of adoption or application of measure, which affects the new service and is incompatible with provision of specified paragraphs, the member state shall inform other member states and Commission on such measure not later than 1 month from the date of its adoption or application whichever is the earliest. The relevant changes in the national list of such member state shall be approved by the decision of the Superior Council.
      4. In relation of methods of supply of services, specified in the second and third items of subparagraph 22 of paragraph 6 of this Minute, provisions of this Minute shall not be applied to the rights of air transportation and services, directly related to the rights of transportation, except for the repair and operational servicing of aircrafts, supply and marketing of air transport services, as well as services of computer reservation system.
      5. The member states shall not use the easing of requirements, provided by their legislation and relating protection of life and health of human, environment, national security, as well as labor standards as the mechanism of involvement of persons of other member states, as well as persons of third states for institution in the territories of the member states.

II. Definitions and concepts

      6. The concepts used in this Minute shall have the following meanings:
      1) “recipient state” – a member state, in the territory of which the investments are carried out by the investors of other member states;
      2) “activity” – entrepreneurial and other activity (including the trade in services and production of goods) of legal entities, branches, representatives or individual entrepreneurs, listed in the second – sixth items of subparagraph 24 of this paragraph;
      3) “activity in connection with investments” – possession, use and (or) disposal of investments;
      4) “incomes” – funds, received in the results of implementation of investments, in particular, the dividends, percent, as well as license, commission and other remunerations;
      5) “legislation of the member state” – the laws and other regulatory legal acts of the member state;
      6) “applicant” – a person of one of the member state, applied to the component body of this or other member state with application on provision of permission;
      7) “investments” – material and intangible assets, invested by investor of one of the member state to the objects of entrepreneurial activity in the territory of another member state in accordance with the legislation of the last, as well as:
      monetary funds (money), securities, other property;
      a right to carry out the entrepreneurial activity, provided on the basis of the legislation of the member states or by agreement, including, in particular, the right to exploration, development, extraction and exploitation of natural resources;
      property and other rights, having monetary value;
      8) “investor of the member state” – any person of the member state, carrying out investments in the territory of another member state in accordance with the legislation of the last;
      9) “competent body” – any of the body or any organization, within the powers, delegated to them by the member state, carrying out control, permitting or other regulating function in relation of issues, covered by this Minute, in particular, administrative bodies, courts, professional organizations, associations;
      10) “a person of the member state” – any individual or legal entity of the member state;
      11) “measure of the member state” – the legislation of the member state, as well as any decision, action or omission of body or civil servant of this member state, which are adopted or applied at any level of the state power, by the bodies of local self-government or organizations upon carrying out by them the powers, delegated to them by these bodies.
      In the case of adoption (publication) of official document, having recommendatory nature by the body of the member state, such recommendation may be recognized as a measure of the member state, applied for the purposes of this Minute in the case, if it is proven that in practice the primary part of addressees of this recommendation (bodies of the state, regional and (or) municipal power, non-government bodies, as well as persons of this member state, persons of other member states, persons of any third state) follows it;
      12) “service receiver” – any person of the member state, to which the service is supplied or which intends to use the service;
      13) “service provider” – any person of the member state, which provides the service;
      14) “representation” – separate subdivision of legal entity, located outside of its location, which represents the interests of legal entity and carry out their protection;
      15) “permission” – provided by the legislation of the member state, based on the request of the applicant, the approval of the right of this person to carry out of defined activity or defined actions by the component body, as well as by inclusion to the register, issuance of official document (license, coordinated approval, conclusion, attestation, evidence, certificate and etc.). Upon that the permission may be issued according to the results of competitive selection;
      16) permitting procedures” – a set of procedures, implemented by the component bodies in accordance with the legislation of the member state, related with issuance and reissuance of permissions and their copies, termination, suspension and renewal or extension of the term of validity, deprivation (cancellation) of permissions, refusal to issue of permissions, as well as consideration of complaints on such issues;
      17) “permissive requirements” – a set of standards and (or) requirements (as well as license, qualification) to the applicant, holder of permission and (or) supplied services, carrying out an activity, relevant to the legislation of the member state, directed to ensuring of achievement of objectives of regulation, established by the legislation of the member state.
      In relation of permissions to carry out an activity, the permissive requirements may also have a purpose of ensuring the competitiveness and ability of applicant to carry out the trade in services and other activity in accordance with the legislation of the member state;
      18) “regime” – a set of measures of the member states;
      19) “service sector”:
      in relation of annex No.2 to this Minute, as well as in relation of the lists, approved by the Superior council, - one, several or all subsectors of separate service;
      in other cases – all sector of service, including all its subsectors;
      20) “territory of the member state” – the territory of the member state, as well as its exclusive economic zone and continental shelf, in relation of which it exercises the sovereign rights and jurisdiction in accordance with international right and its legislation;
      21) “test of economic feasibility” – conditioning of issuance of the relevant permissions by the evidence of existence of economic necessity or market demands, assessment of the potential or existing economic impact of activity or assessment of compliance of activity with the purposes of economic planning, established by the component body. This concept does not cover the conditions, which are related with planning of non-economic nature and justified on grounds of public interest, such as social policy, execution of programs of socio-economic development, approved by the local bodies within their competence, or protection of urban environment, as well as execution of town planning plans;
      22) “trade in services” – supply of services, including production, distribution, marketing, sale and delivery of servicers and carrying out by the following methods:
      from the territory of one of the member state to the territory of any other member state;
      in the territory of one member state by person of this member state to the service receiver of another member state;
      by the service provider of one member state by the establishment in the territory of another member state;
      by the service provider of one member state by presence of individuals of this member state in the territory of another member state;
      23) “third state” – the state that is not the member state;
      24) “institution”:
      creation and (or) acquisition of legal entity (participation in the capital of created or established legal entity) of any legal organizational form and form of ownership, provided by the legislation of the member state, in the territory of which such legal entity is created or established;
      acquisition of control over a legal entity of the member state, expressed in the getting of opportunity, either directly or through the third persons to determine decisions, adopted by such legal entity, as well as by disposition of votes, accrued to the voting stocks (shares), by participation in the board of directors (supervisory council) and in other management bodies of such legal entity;
      opening of a branch;
      opening of representation;
      registration as individual entrepreneur.
      The establishment shall be also carried out for the purposes of trade in services and (or) production of goods;
      25) “individual of the member state” – a citizen of the member state in accordance with the legislation of the member state;
      26) “branch” – a separate subdivision of legal entity, located outside of location and exercising all of its functions or their part, as well as functions of representation;
      27) “legal entity of the member state” – organization of any of legal organizational form, created or established in the territory of the member state in accordance with the legislation of this member state.
      7. United Nations Organizations (Central Products Classification) shall be determined and classified on the basis of International Central Products Classification, approved by the Statistical Commission of Secretariat for the purposes of this Minute of service sector.

III. Payments and transfers

      8. Except for the cases, provided by paragraphs 11 – 14 of this Minute, each member state shall cancel the current and not introduce the new restrictions in relation of transfers and payments in connection with the trade in services, establishment, activity and investments, and in particular in relation of:
      1) incomes;
      2) funds, paid in repayment of loans and credits, recognized by the member states as investments;
      3) funds, received by the investor in connection with the partial or full liquidation of commercial organization or sale of investments;
      4) funds, received by investor as compensation of damage in accordance with paragraph 77 of this Minute, and compensation, provided in paragraphs 79 – 81 of this Minute;
      5) salary and other remunerations, received by investors and citizens of other member states, to which are permitted to work in connection with implementation of investments in the territory of the recipient state.
      9. Nothing in this section affects the rights and obligations of any member state, resulting from its membership in the International monetary fund, including the rights and obligations, relating to the measures of regulation of currency operations, upon condition, that such measures of the member state correspond to the Articles of Agreement of International monetary fund dated 22 July, 1944 and (or) upon condition that the member state does not establish restrictions for the transfers and payments, that are incompatible with its obligations, provided by this Minute, relating such operations, except for the cases, specified in paragraphs 11 – 14 of this Minute or cases of application of restrictions at the request of International monetary fund.
      10. Transfers provided by paragraph 8 of this Minute may be executed in any freely convertible currency. Conversion of funds shall be carried out without unreasonable delay on the exchange rate, applied in the territory of the member state on the date of transfer of monetary funds and effecting payments.

IV. Restrictions in relation of payments and transfers

      11. In the case of deterioration in condition of balance of payments, significant reduction in international reserves, acute fluctuation of rates of the national currency or the threat of this, the member state may introduce restrictions in relation of transfers and payments, provided by paragraph 8 of this Minute.
      12. Restrictions specified in paragraph 11 of this Minute:
      1) shall not create discrimination between the member states;
      2) shall correspond to the Articles of Agreement of International monetary fund dated 22 July, 1944;
      3) shall not cause excessive damage to the commercial, economic and financial interests of any other member state;
      4) shall not be more burdensome than necessary to overcome the circumstances specified in paragraph 11 of this Minute;
      5) shall be temporary and eliminated gradually due to disappearance of circumstances, specified in paragraph 11 of this Minute.
      13. Upon determination of the scope of effect of restrictions, specified in paragraph 11 of this Minute, the member states may prefer the supplies of goods or services, which are more essential to their economic programs or development programs. However such restrictions shall not be established and maintained for the purposes of protection of defined economic sector.
      14. Any restrictions established or maintained by the member states in accordance with paragraph 11 of this Minute, or any of their changes are the subject of immediate notification of other member states.

V. Participation of the state

      15. Each member state shall provide the regime in its territory in relation of participation in privatization to the persons of another member state, not less favorable, that the regime, provided to the persons of its member state in recognition of restrictions, seizures, additional requirements and conditions, specified in the national lists or in the annex No.2 to this Minute.
      16. If in the territory of the member state act the legal entities, in the capital of which participates this member state or which are controlled by them, such member state shall ensure that the specified persons:
      1) carry out its activity on the basis of business considerations and participate in the relations, regulated by this Minute:
      on the basis of principle of equality with other participants of these relations;
      on the basis of principle of non-discrimination of other participants of these relations depending on their citizenship, place of registration (establishment), legal organizational form or form of ownership;
      2) do not gain the rights, privileges or obligations exclusively by virtue of participation of the member state in their capital or control over them by this member state.
      The specified requirements shall not be applied in the case, when the activity of such legal entities is directed to solution of tasks of social policy of the member state, as well as in relation of restrictions and conditions, specified in the national lists or in the annex No.2 to this Minute.
      17. Provisions of paragraph 16 of this Minute shall be also distributed to the legal entities, vested with exclusive rights or special privileges formally or in practice, except for the legal entities, vested with the rights and (or) privileges, included on the basis of subparagraph 2 and 6 of paragraph 30 of this Minute in the national lists or in the annex No.2 to this Minute, and legal entities, regulation of activity of which is carried out in accordance with section XIX of Agreement.
      18. Each of the member states shall ensure that all bodies of this member state at any level of the state power or its local government bodies are independent, beyond the control and non-accountable to any person, carrying out the business activity in the economic sector, the regulation of which enters in the scope of the competence of relevant body, without damage to the provisions of Article 69 of Agreement.
      The measures of this member state, as well as decision of the specified body, the rules and procedures established and applied by it shall be impartial and objective in relation to all persons, carrying out the business activity.
      19. Each of the member states may preserve the legal entities, being the subjects of natural monopolies in its territory in accordance with obligations, resulting from the section XIX of Agreement, and despite of provisions of paragraph 30 of this Minute. The member state which preserves such legal entities in its territory shall ensure that legal entities act in a manner compatible with the obligations of this member state, resulting from the section XIX of Agreement.
      20. If the legal entities of one of the member state, specified in paragraph 19 of this Minute shall compete directly or through the legal entities controlled by them outside the scope of its monopoly rights with persons of other member states, the first member state shall ensure that such legal entity does not abuse its monopoly position, acting in the territory of the first member state in a manner incompatible with the obligations of such first member state, resulting from this Minute.

VI. Trade in services, establishment and activity

1. National regime upon trade in services,
establishment and activity

      21. Each member state in relation of all measures, affecting the trade in services shall provide to the services, providers and service receivers of another member state the regime is not less favorable than the regime, provided under the same (similar) circumstances to their own same (similar) services, providers and service receivers.
      22. Each member state may fulfill the obligations, specified in paragraph 21 of this Minute by provision to the services, providers and service receivers of any member state formally the same or formally different regime in relation to that which is provided by this member state to their own the same (similar) services or providers or service receivers.
      Formally the same or formally different regime shall be considered less favorable, if it changes the conditions of competition in favor of services, providers and (or) service receivers of this member state in comparison with the same (similar) services, providers and (or) service receivers of any member state.
      23. Despite of provision of paragraph 21 of this Minute, each member state in relation of services, providers and service receivers of another member state may apply the separate restrictions and conditions, specified in the national lists or in the annex No.2 to this Minute.
      24. Each member state shall provide to the persons of any member state in relation of establishment and activity the regime not less favorable than the regime provided upon the same (similar) circumstances to their own persons in its territory.
      25. Each member state may fulfill the obligations, specified in paragraph 24 of this Minute by provision to the persons of any member state formally the same or formally different regime in relation to that which is provided by this member state to their own persons. Upon that such regime is considered less favorable if it changes conditions of competition in favor of persons of this member state in comparison with persons of any member state.
      26. Despite of provision of paragraph 24 of this Minute, each member state in relation of establishment and activity of persons of any member state may apply the separate restrictions and conditions, specified in the national lists or in the annex No.2 to this Minute.

2. The most-favored-nations regime upon trade in services,
establishment and activity

      27. Each member state shall provide, upon the same (similar) circumstances, to the services, providers and service receivers of any member state the regime not less favorable than the regime provided to the same (similar) services, providers and service receivers of third states.
      28. Despite of provision of paragraph 27 of this Minute, each member state in relation of services, providers and service receivers of any member state may apply the separate seizures, specified in the national lists or in the annex No.2 to this Minute.
      29. Each member state shall provide, upon the same (similar) circumstances, to the persons of any member state, as well as to the persons, established by them, in relation of establishment and activity in its territory, the regime not less favorable than the regime, provided to the persons of third states, as well as to the persons, established by them.

3. Quantitative and investment measures

      30. The member states shall not introduce and apply in relation of persons of any member state in connection with the trade in services, establishment and activity, the restrictions, relating to:
      1) the number of service providers in the form of quota, test to the economic feasibility or in any other quantitative form;
      2) the number of created, acquired and (or) controlled legal entities, branches or representatives, registered individual entrepreneurs;
      3) operations of any service providers in the form of quota, test to the economic feasibility or in any other quantitative form;
      4) operations of created, acquired or controlled legal entity, branch, representative, registered individual entrepreneur in the course of carrying out of activity by them in the form of quota, test to the economic feasibility or in any other quantitative form;
      5) form of establishment, as well as legal organizational form of legal entity;
      6) acquired share in the charter capital of legal entity or the degree of control over the legal entities;
      7) restrictions of total number of individuals, which may be engaged in a particular services sector, or number of individuals which service provider may hire and which are necessary and directly relate to the supply of particular service, in the form of quantitative quotas or test to the economic feasibility.
      31. Each member state in relation of services, providers and service receivers of any member state may introduce and apply restrictions, specified in paragraph 30 of this Minute, in the case if such restrictions are provided by the national list or annex No.2 to this Minute
      32. None of the member states shall not introduce and apply the following additional requirements in relation of persons of the member states as well as persons, established by them as conditions in connection with establishment and (or) activity:
      1) export all produced goods or services or their part;
      2) import the goods or services;
      3) purchase and use the goods or services, the state of origin of which is the member state;
      4) requirements that restrict the sale of goods or supply of services to the territory of this member state, import of goods to the territory of this member state or export of goods from the territory of this member state and linked to the volumes of produced goods (supplied services), use of local goods or services or restrict an access of enterprise to the foreign currency, accrued in connection with operations, specified in this subparagraph;
      5) transfer the technology, know-how and other information that has commercial value, except for the cases of their transfer on the basis of decision of the court or body, authorized in the field of protection of competition, upon observance of rules of implementation of competitive policy, established by other international treaties of the member states.
      33. Each member state may introduce and apply the additional requirements, specified in paragraph 32 of this Minute, in relation of persons of other member states in the case if such restrictions are provided by the national list or annex No.2 to this Minute.
      34. Fulfilment of requirements specified in paragraph 32 of this Minute may not be the ground for reception of any preference by person of any member state in connection with establishment or activity.

4. Transfer of individuals

      35. Each member state shall not apply and introduce restrictions, related with hiring of employees in its territory in relation of activity of created, acquired or controlled legal entity, branch, representation, registered individual entrepreneur, except for the restrictions and requirements, specified in the national list or in the annex No.2 to this Minute, in recognition of provisions of section XXVI of Agreement.
      36. Provisions of paragraph 35 of this Minute shall not be applied in relation of requirements, presented to education, experience, qualification, business qualities of employees in the case if their application does not lead to the actual discrimination of employees depending on the citizenship.
      37. Each member state shall not apply and introduce restrictions in relation of individuals, participating in the trade in services by the method, specified in the fifth item of subparagraph 22 of paragraph 6 of this Minute and presenting in the territory of this member state in recognition of provisions of section XXVI of agreement.

5. Formation of the single market of services

      38. For the purposes of this section under the single market shall be regarded the state of the services market within the specific sector, in which each member state grants to the persons of any other member state the right to:
      1) supply and reception of services on the conditions, specified in paragraphs 21, 24, 27, 29, 30 and 32 of this Minute without restrictions, seizures and additional requirements, except for the conditions and restrictions, provided by annex No.2 to this Minute;
      2) supply of services without additional establishment in the form of legal entity;
      3) supply of services on the basis of permission for supply of services, received by the service provider to the territory of its member state;
      4) recognition of professional qualification of the personnel of service provider.
      39. The rules of the single market of services shall apply in relation of the member states on the conditions of mutuality.
      40. The single market of services within the Union shall operate in the service sectors, approved by the Superior Council on the basis of coordinated suggestions of the member states and Commission.
      41. The member states shall work for distribution of rules of the single market of services on the maximum number of service sectors, as well as by phased reduction of seizures and restrictions, provided by the national lists on the mutual basis.
      42. Procedure and stages of formation of the single service market on the separate sectors shall be provided by the plans of liberalization, developed on the basis of coordinated suggestions of the member states and Commission, approved by the Superior Council (hereinafter – the plans of liberalization).
      43. Plans of liberalization may provide the later terms of liberalization of separate service sectors for the separate member states that is not an obstacle for other member states to create the single market in these service sectors on the conditions of mutuality.
      44. Provisions 1-4 of this section shall be applied in the sectors, in relation of which the rules of the single service market are not valid.

6. Mutual relations with third states on issues of the trade
in services, establishment, activity and implementation
of investments

      45. Nothing in this section shall prevent to the member states to conclude the international agreements on economic integration, complying with the requirements of paragraph 46 of this Minute with the third states.
      Each member state, concluded such international agreement on economic integration shall provide concessions, which it provides within such international agreement on economic integration to the member states upon the same (similar) conditions.
      Under the concessions in this paragraph shall be regarded the cancellation by the member state of one or separate restrictions, provided by its national list.
      46. For the purposes of this Minute, the international agreements on economic integration between the member states and third state shall be regarded the international agreements, which comply with the following criteria:
      1) cover a significant number of service sectors, and certainly do not exclude under any circumstances a priori none of the methods of supply of services, issues of establishment and activity;
      2) directed to elimination of existing discrimination measures and prohibition of introduction of new;
      3) directed to liberalization of the trade in services, establishment and activity.
      The purpose of such international agreements is facilitation of the trade in services and conditions of establishment and activity between its participants. Such agreement shall not lead to increase of overall level of barriers in the trade in services in the certain sectors or subsectors in relation of any third state in comparison with the level, which is applied before conclusion of such agreement.
      47. The member state concluded the international agreement on economic integration with the third state shall be obliged to inform on its conclusion other member states during 1 month from the date of its signing.
      48. The member states shall independently determine its foreign trade policy in relation of the trade in services, establishment, activity and implementation of investments with the third states.

7. Additional rights of service receiver

      49. Each member state shall not establish requirements or special conditions, limiting the rights to reception, use or payment for service, rendering (rendered) by the service provider of another member state, including selection of service provider or obligation of reception of permission of the component bodies in relation of service receiver, in recognition of provisions of section XV of Agreement.
      50. Each member state shall ensure non-application of discriminatory requirements or special conditions depending on its citizenship, place of residence or place of establishment or activity in relation of service receiver, in recognition of provisions of section XV of Agreement.
      51. Each member state obliges:
      1) the service providers to provide the necessary information to the service receivers in accordance with Agreement and the legislation of the member state;
      2) the component bodies to take measures on protection of rights and legal interests of service receivers.
      52. Nothing in this Minute shall affect the right of the member state to take any measures, necessary for implementation of its social policy, including the issues of retirement insurance and social support of population.
      The issues of access of consumers to the services, covered by the sections XIX, XX and XXI of Agreement, and regime, provided to the consumers of such services shall be regulated by provisions of these sections, respectively.

8. Mutual recognition of permissions and professional qualifications

      53. Recognition of permission for supply of services in the sectors, in relation of which the plans of liberalization are implemented shall be ensured after adoption of measures, specified in paragraphs 54 and (or) 55 of this Minute.
      54. The member states may adopt the decision on mutual recognition of permissions for supply of services in the specific sectors in connection with achievement of substantial equivalence regulation in these sectors on the basis of mutual consultations (as well as interdepartmental nature).
      55. The plans of liberalization shall be ensured:
      1) the phased approximation of mechanisms of access to carrying out of activity (as well as permissive requirements and procedures) by harmonization of the legislation of the member states with establishment of terms of termination of such harmonization on the specific sectors of services;
      2) creation of mechanisms of administrative cooperation in accordance with Article 68 of Agreement;
      3) recognition of professional qualification of employees of service providers.
      56. In the case if the pass of professional examination is required for the access to implementation of professional services, each member state shall ensure the non-discrimination procedure of passing of such professional examination.

9. Internal regulation upon trade in services and in
relation of establishment and (or) activity

      57. Each member state shall ensure that all measures of this member state, affecting to the trade in services, establishment and activity are applied by the reasonable, objective and impartial manner.
      58. Each member state shall preserve or create as soon as practically possible, the judicial, arbitral or administrative bodies or procedures which at the request of persons of other member states, the interests of which are affected, provide the immediate consideration and reasonable adoption of measures for the purposes of change of administrative decisions, affecting to the trade in services, establishment and activity. In the cases, when the specified procedures are not independent from the body, authorized to adopt such administrative decisions, the member state shall ensure that procedures in fact provide the objective and impartial consideration.
      59. Provisions of paragraph 58 of this Minute shall not provide requirements to the member state to create the bodies or procedures, specified in paragraph 58 of this Minute, when it is inconsistent with its constitutional procedure or nature of its legal system.
      60. If it is necessary to obtain permission for the trade in services, establishment and (or) activity, the competent bodies of the member state shall inform the applicant on consideration of application and decision adopted according to the results of its consideration during the reasonable period after presentation of application, which is considered as executed in accordance with requirements of the legislation of the member stat and rules of regulation.
      The specified application shall not be considered as duly executed until all documents and (or) details are received in accordance with requirements of the legislation of the member state.
      In any case the possibility to make the technical correction in the application shall be provided to the applicant.
      The competent bodies of the member state shall provide information on the course of consideration of application without undue delay at the request of applicant.
      61. To ensure that the permissive requirements and procedures do not create unnecessary barriers upon trade in services, establishment and activity, the Commission shall develop the rules, approved by the Superior Council in coordination with the member states. These rules are intended to ensure that such permissive requirements and procedures among other things:
      1) based on such objective and public criteria as the competence and ability to trade in services and activity;
      2) shall not be more burdensome than necessary to ensure the safety of existing activity, as well as the safety and quality of services provided;
      3) shall not be restriction for the trade in services, establishment and (or) activity.
      62. The member states shall not apply the permissive requirements and procedures, which cancel or reduce the benefits and:
      1) do not correspond to the criteria, specified in paragraph 61 of this Minute;
      2) are not be established by the legislation of the member state and are not applied by the relevant member state on the date of signing of Agreement.
      63. Upon determination of the fact of fulfilment of obligations, specified in paragraph 62 of this Minute by the member state, the international standards of international organizations, membership of which is opened for all member states shall be taken into consideration.
      64. In the case if the member state applies the permissive requirements and procedures in relation of the trade in services, establishment and (or) activity, such member state shall ensure that:
      1) the name of competent bodies responsible for issuance of permission were published or otherwise brought to the general knowledge;
      2) all permissive requirements and procedures were established in the legislation of the member state and any act, establishing or applying the permissive procedures and requirements is published before the date of entering into legal force (introduction into effect);
      3) the competent bodies are adopted decision on issuance or refusal in issuance of permission during the reasonable term, determined in the legislation of the member state, as a rule, not later than 30 business days from the date of receipt (receipt) of application on issuance of permission, which is considered as executed in accordance with requirements of the legislation of the member state. Such term shall be determined on the basis of minimum time, required for reception and processing of all documents and (or) details, necessary for implementation of permissive procedure;
      4) any charges, collected in connection with presentation and consideration of application, except for the charges, collected for the right to carry out an activity, were not be restriction on its own terms for the trade in services, establishment, activity and based on the expenditures of the component body, related with consideration of application and issuance of permission;
      5) the competent body of the member state informed the applicant on the state of consideration of its application, as well as if the statement is considered as duly executed in accordance with paragraph 60 of this Minute upon expiration of the term, specified in subparagraph 3 of this paragraph and at the request of the applicant.
     In any case the rights provided by paragraphs 57, 58, 60, 62 and 64 of this Minute shall be provided to the applicant in any case;
      6) the competent body, refused to accept the application, informed the applicant on reasons of such refusal in written form at the written request of applicant, who was refused to accept the application. Upon that such provision shall not be interpreted as the requirement from the competent body of information release, the disclosure of which prevents to execution of the Law or otherwise contradicts to the public interests or essential interests of security of the member state;
      7) in the case if it was refused in acceptance of application, may file a new application, if the component body refused to accept such application on the reason of its duly execution;
      8) issued permissions for supply of services were valid over the whole territory of the member state, specified in such permissions.

VII. Investments

1. General provisions

      65. Provisions of this section shall be applied in relation of all investments, implemented by investors of the member states in the territory of another member state since 16 December, 1991.
      66. One of the forms of implementation of investments is establishment within the meaning of subparagraph 24 of paragraph 2 of this Minute. Provisions of this Minute, except for the provisions of paragraphs 69 – 74 of this Minute shall be applied to such investments.
      67. The change of the methods of implementation of investments, as well the forms, in which the investments are contributed or reinvested, shall not affect to their qualification as the investments upon condition, that such change does not contradict to the legislation of the recipient state.

2. Legal regime and protection of investments

      68. Each member state shall ensure fair and equal regime in its territory in relation of investments and activity in connection with investments, implemented by the investors of other member states.
      69. Regime specified in paragraph 68 of this Minute shall not be less favorable than the regime which is provided by this member state in relation of investments and activity in connection with such investments, implemented by their (national) investors.
      70. Each member state, upon the same (similar) circumstances, shall provide to the investors of any other member state, their investments and activity, related with such investments, the regime not less favorable than the regime provided to the investors of any third state, their investments and activity, related with such investments.
      71. Regimes provided by paragraphs 69 and 70 of this Minute shall be provided by the member states on the choice of investor depending on which of the regimes is most favorable.
      72. Each member state shall create favorable conditions for implementation of investments by the investors of other member states in its territory and shall admit such investments in accordance with its legislation.
      73. Each member state shall reserve the right to restrict the activity of investors of other member states in accordance with its legislation, as well as apply and introduce other withdrawals from the national regime, specified in paragraph 69 of this Minute.
      74. Provisions of paragraph 70 of this Minute shall not be interpreted as obligation of the member state to distribute on the investments and activity in connection with such investments of investors of other member states, the advantages of any regime, preferences or privileges, which are provided or may be provided in the future to this member state on the basis of international treaties on avoidance of double taxation or other agreements on issues of taxation, as well as agreements, specified in paragraph 46 of this Minute.
      75. Each recipient state shall guarantee to the investors of other member states after execution by them of all tax and other obligations, provided by the legislation of the recipient state:
      the right to use and dispose of incomes, received according to the results of implementation of investments in any purposes, not prohibited by the legislation of the state recipient;
      the right to use and dispose of incomes, received according to the results of implementation of investments in any purposes, not prohibited by the legislation of the state recipient;
      the right to freely exercise the transfer of monetary funds (money) and payments, related with investments, specified in paragraph 8 of this Minute to any country at the discretion of the investor.
      76. Each member state shall guarantee and ensure protection of investments of investors of other member states in its territory in accordance with its legislation.

3. Compensation of damage and guarantees of investors

      77. Investors shall have a right to compensate the damage, caused to their investments according to the results of civil disorders, military actions, revolution, mutiny, imposition of the state of emergency or other similar circumstances in the territory of the member state.
      78. Upon that such investors are provided by the regime not less favorable than which the recipient state provides to their national investors or investors of third state in relation of measures, adopted by this member state in connection with compensation of such damage depending on which of regimes is most favorable for the investor.

4. Guarantees of the rights of investor upon expropriation

      79. Investments of investors of one of the member state, implemented in the territory of another member state may not be directly or indirectly subjected to expropriation, nationalization, as well as other measures, equivalent on the consequences of expropriation or nationalization (hereinafter – expropriation), except for the cases, when such measures are applied for the public interests in the manner established by the legislation of the recipient state and are not be discriminatory and accompanied by the payment of prompt and adequate compensation.
      80. Compensation specified in paragraph 79 of this Minute shall correspond to the market value of expropriated investments of investor on the date, immediately preceding the date of their actual expropriation or the date, when it became common knowledge on the coming expropriation.
      81. Compensation specified in paragraph 79 of this Minute shall be paid without delay in the term, provided by the legislation of the recipient state, but not later than 3 months from the date of expropriation and freely transferred abroad from the territory of the recipient state in the freely convertible currency.
      In the case of delay of payment of compensation from the date of expropriation until the date of actual payment of compensation for the amount of compensation, the interests, calculated on the rate of the national interbank market are charged on actually provided credits in US dollars for the period until 6 months but not below the rate of LIBOR or in the manner determined by agreement between investors and member state.

5. Transfer of rights of investors

      82. The member state or body authorized by them, which is made the payment to the investor of its state on the basis of guarantee of protection from non-commercial risks in connection with investments of such investor in the territory of the recipient state may exercise the rights of investor in the same extent as the investor in the manner of subrogation.
      83. The rights specified in paragraph 82 of this Minute shall be carried out in accordance with the legislation of the recipient state but without damage for provisions of paragraphs 21, 24, 27, 29, 30 and 32 of this Minute.
      84. The disputed between the recipient state and investor of another member state, arising in connection with investments of this investor in the territory of the recipient state, including the disputes, relating the amounts, conditions or procedure for payment of amounts, received as compensation of damage in accordance with paragraph 77 of this Minute, and compensation, provided by paragraphs 79-81 of this Minute, or procedure of making payments and transfer of monetary funds, provided by paragraph 8 of this Minute shall be resolved as far as possible by conducting of negotiations.
      85. If the dispute is not resolved by conducting of negotiations during 6 months from the date of written notification of any of the parties of dispute on conducting of negotiations, it may be submitted, on the choice of investor, for consideration of:
      1) the judge of recipient state, competent to consider the relevant disputes;
      2) international commercial arbitration at the chamber of trade of any of the state, coordinated by participants of dispute;
      3) arbitration court ad hoc, that shall be created and effect according to the Rules of Arbitration of Commission of United Nations Organization on the right of international trade (UNCITRAL), if the parties of dispute do not agree to another;
      4) International center on regulation of investment disputes, created in accordance with Convention on regulation of investment disputes between the states and individuals or legal entities of other states dated 18 March, 1965, for resolution of a dispute in accordance with provisions of this Convention (upon condition, that it is entered into legal force for both member states of the parties of dispute) or in accordance with Additional rules of International center on regulation of investment disputes (in the case if Convention is not entered into legal force for both or one of the member states of the parties of dispute).
      86. The investor submitted the dispute for regulation to the national court or in one of the arbitration courts, specified in subparagraphs 1 and 2 of paragraph 85 of this Minute shall not have a right to redirect this dispute for consideration to any other court or arbitration court.
      The choice of investor in relation of the court or arbitration court specified in paragraph 85 of this Minute shall be final.
      87. Any arbitral decision on the dispute, considered in accordance with paragraph 85 of this Minute shall be final and compulsory for the parties of dispute. Each member state shall be obliged to ensure execution of such decision in accordance with its legislation.

Annex No.1          
to the Minute on the trade in
services, establishment, activity
and implementation of investments

Procedure of the trade in telecommunication services

      1. This Procedure shall be applied to the measures of the member states, regulating carrying out of activity in the field of telecommunication.
      2. This Procedure shall not be applied to activity in the field of mail service.
      3. Nothing in this Minute shall be construed as requiring from any of the member states (or requiring from the member state to oblige the service providers, that are under its jurisdiction) to establish the special requirements in relation of telecommunication networks, without connection to the public telecommunications network.
      4. The concepts used in this Minute shall have the following meanings:
      “public telecommunications network” – technological system, including the means and communication links, intended for the mutual rendering of services of telecommunication to any user of services of telecommunication in the territory of the member state in accordance with the legislation of the member state;
      “universal telecommunication services” – the list of services of telecommunication, established by the member state, rendering of which to any user of services of telecommunication in any inhabited locality with specified quality and price level, ensuring the availability of these services, is compulsory for operators of the universal service;
      “telecommunication services” – an activity on reception, processing, storage, transfer and delivery of telecommunication messages.
      5. Each member state shall ensure that the information on conditions of access to the public telecommunication networks and telecommunication services is publicly available (including information on conditions of rendering of services, as well as on tariffs (prices) of specification of technical connections with such networks, on bodies, responsible for preparation and adoption of standards, affecting such access and use, on conditions, concerning the connection of the terminal equipment or other equipment, as well as on requirements to notifications, registration or licensing and any other permissive procedures, if necessary).
      6. An activity on rendering of telecommunication services shall be carried out on the basis of licenses issued by the authorized bodies of the member states within territorial borders established in it with observance of terms and with the use of numeration, assigned to each operator in the manner established by the legislation of the member states.
      7. Upon carrying out of activity on rendering of telecommunication services with the use of radio-frequency spectrum except for the license for carrying out of activity in the territory of the member state, it is necessary to obtain a decision of the authorized body of the member state on allocation of relevant radio-frequency bands, radio-frequency channels or radio-frequency for operation of radio electronic means and assignment (appointment) of the relevant radio-frequencies and (or) radio-frequency channels.
      8. Allocation of radio-frequency bands, radio-frequency channels or radio-frequency, assignment (appointment) of radio-frequency or radio-frequency channels, issuance of permissions for the right of the use of radio-frequency spectrum shall be carried out in the manner established by the legislation of the member states.
      9. Payments related with allocation and use of radio-frequency spectrum shall be collected in the manner and amounts established by the legislation of the member states.
      10. The member states shall take all necessary measures, including legal and administrative, for ensuring of nondiscriminatory, equal access to the networks and services of telecommunication.
      11. Connection to the public telecommunication network of telecommunication operator irrespective of its position in the market of telecommunication services shall be carried out in accordance with the legislation of the member state in the existence of technical capability on the conditions not less favorable than those provided for other telecommunication operators of the member states, operating under comparable conditions.
      12. The member states shall have a right to introduce and apply the state regulation of tariffs for the separate types of telecommunication services. Formation of tariffs for the telecommunication services shall be based on the requirements of the legislation of the member state.
      The member states shall guarantee rendering of services on the tariffs of country of residence to the persons of any of the member states upon condition of conclusion of agreement on rendering of telecommunication services with operators of country of residence.
      13. In relation of those types of telecommunication services, the tariffs on which are not subject to the state regulation, the member states shall ensure the availability and effective application of competitive legislation, preventing to distortion of conditions of competition between suppliers, as well as receivers of telecommunication services of the member states.
      14. A common approach to establishment of price formation for the services on traffic transfer by the member states shall be approved by the Council of Commission by 1 January, 2020.
      15. The member states shall take all necessary measures for ensuring unimpeded traffic transfer, including transit, by the telecommunication operators of the member states, on the basis of inter-operator agreements, as well as in recognition of technical capabilities of networks.
      16. The member states shall guarantee non-application of subsidization of services of local and long-distance telecommunication due to completion of international call on its territory.
      17. Distribution and use of resources of radio-frequency spectrum, as well as numbering resource shall be carried out in accordance with the legislation of the member states.
      18. The member states shall guarantee rendering or universal telecommunication services in its territory on the basis of unified principles and rules, provided by recommendations of international organizations in this field. Each member state shall have a right to independently determine the obligations on rendering of universal service. These obligations shall not be considered as anti-competitive upon condition that they are carried out on the basis of transparency, non-discrimination and neutrality in terms of competition and will not be more burdensome than it is necessary for the type of universal service determined by the member state.
      19. Regulatory bodies of the member states independent of the telecommunication operators and are not accountable to them. Decisions of such bodies shall be impartial in relation to all participants of this market.

Annex No.2       
to the Minute on the trade
in services, establishment,
activity and implementation
of investments     

The list of “horizontal” relations in relation of all sectors
and types of activity, retained by the member states

      Footnote. Annex No. 2 as amended by the Law of the Republic of Kazakhstan dated 24.12.2014 No. 265-V.

Restriction

The grounds for the application of restriction(paragraphs of annex No.16 to Agreement)

The ground for application of restriction (regulatory legal act)

I. Republic of Belarus

1. Conditions and procedure of access, including restrictions of such access to subsidies and other measures of the state support shall be established by the legislation of the Republic of Belarus and fully applied, but without damage for provisions of sections XXIV and XXV of Agreement on Eurasian Economic Union (hereinafter – Agreement)

paragraphs 23 and 26

The Budget Code of the Republic of Belarus, the Tax Code of the Republic of Belarus, the Laws of the Republic of Belarus on the republican budget for the relevant year, Decree of the President of the Republic of Belarus dated 28 March, 2006 No.182 “On the improvement of the legal regulation of the order of state support to legal entities and individual entrepreneurs”, regulatory legal acts of the Republic of Belarus, republican and local state bodies

2. The land plots may be at the foreign legal entities and individual entrepreneurs only on the tenant right

paragraphs 23 and 26

The Decree of the President of the Republic of Belarus dated 27 December, 2007 No.667 “On the seizure and provision of land plots”, the Code of the Republic of Belarus on land

3. Selection procedure of concessioner and the list of essential conditions of concession agreement shall be established in accordance with the legislation of the Republic of Belarus. The activity or the right of possession and use of the object of the concession on the basis of concession agreement, as well as determination of its conditions

paragraphs 15 - 17, 23, 26, 31 and 33

The Law of the Republic of Belarus dated 12 July, 2013 No.63-3 “On concessions”, the Decree of the President of the Republic of Belarus dated 6 August, 2009 No.10 “On creation of additional conditions for investment activity in the Republic of Belarus”, and the Law of the Republic of Belarus dated 12 July, 2013 No. 53-3 “On investments”

4. Priority in the provision of animal world for the use in the specific territory or water areas is given to the legal entities and citizens of the Republic of Belarus

paragraphs 23 and 26

The Law of the Republic of Belarus dated 10 July, 2007 No.257-3 “On animal world”

5. Land management (the measures on land inventory, planning, land-use, establishment (restoration) and consolidation the boundaries of objects of land management, conducting of other land management measures, directed at enhancement of efficiency of the use and land protection) shall be carried out only by the state organizations, subordinated (included to the system) to the special authorized body of the state administration

paragraphs 16, 17, 23, 26 and 31

The Law of the Republic of Belarus dated 15 July, 2010 No.169-3 “On objects, that are only owned by the state, in the types of activity, on the carrying out of which the exclusive rights of the state are distributed”, the Decree of the President of the Republic of Belarus dated 27 December, 2007 No.667 “On the seizures and provision of land plots”

6. Technical inventory and the state registration of immovable property, the rights to it and transactions with it shall be carried out only by the state organizations, subordinated (included to the system) to the special authorized body of the state administration

paragraphs 16, 17, 23, 26 and 31

The Law of the Republic of Belarus dated 15 July, 2010 No.169-3 “On objects, that are only owned by the state, in the types of activity, on the carrying out of which the exclusive rights of the state are distributed”, the Law of the Republic of Belarus dated 22 July, 2002 No.133-3 “On the state registration of immovable property, the rights to it and transactions with it”

7. Assessment of the state property for making transactions with it and (or) other legally significant actions shall be carried out by the state organizations, organizations, the share of the state property in the charter fund of which is more than 50 %, carrying out assessment activity, as well as organizations, subordinated (included to the system) to the special authorized body of the state administration

paragraphs 16, 17, 23, 26 and 31

The Decree of the President of the Republic of Belarus dated 13 October, 2006 No.615 “On valuation activity”

8. Geodetic and cartographic works, the results of which have the national, inter-industry purpose shall be carried out only by the state organizations, subordinated (included to the system) to the special authorized body of the state administration

paragraphs 16, 17, 23, 26 and 31

The Law of the Republic of Belarus dated 15 July, 2010 No.169-3 “On objects, that are only owned by the state, in the types of activity, on the carrying out of which the exclusive rights of the state are distributed”

II. The Republic of Kazakhstan

1. Conditions and procedure of access, including restrictions of such access to subsidies and other measures of the state support shall be established by the legislation of the Republic of Kazakhstan and bodies of power and fully applied, but without damage for provisions of sections XXIV and XXV of Agreement

paragraphs 23 and 26

The Budget Code of the Republic of Kazakhstan on republican budget for the relevant year, regulatory legal acts of the Republic of Kazakhstan, republican and local state bodies

2. The land plots intended for maintenance of the commercial agriculture and forestation may not be in the private ownership of foreign entities. The right of the temporary use a land for a fee for the maintenance of peasant or farm enterprise and commercial agriculture shall be granted to the foreign entities for the term up to 10 years.

paragraphs 23 and 26

The Land Code of the Republic of Kazakhstan

3. Provision of land plots, located in the frontier zone and frontier belt of the Republic of Kazakhstan, as well as in the boundaries of a seaport in the private ownership to the foreigners and foreign legal entities shall not be allowed. The land plots for the agricultural purpose, directly adjacent to the protective zone of the State boundary of the Republic of Kazakhstan shall be provided only to the citizens and legal entities of the Republic of Kazakhstan on the right of temporary land use before their delimitation and demarcation, unless otherwise established by the legislation of the Republic of Kazakhstan on the State boundary of the Republic of Kazakhstan.

paragraphs 23 and 26

The Land Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan dated 21 September, 1994 No.156 – XIII “On transport in the Republic of Kazakhstan”, the Law of the Republic of Kazakhstan dated 16 January, 2013 No.70-V “On the State boundary of the Republic of Kazakhstan”

4. The right for the temporary land use may not belong to the foreign land users

paragraphs 23 and 26

The Land Code of the Republic of Kazakhstan

5. In relation of contracts for the subsurface use between the Government of the Republic of Kazakhstan and subsurface use, concluded in accordance with the Law of the Republic of Kazakhstan dated 24 June, 2010 No. 291-IV “On subsoil and subsurface use” before the date of entering into legal force of Agreement shall be applied the conditions of such contracts1 

paragraphs 16, 17, 23, 26, 31, 33 and 35

The Law of the Republic of Kazakhstan dated 24 June, 2010 No. 291-IV “On subsoil and subsurface use”, the Law of the Republic of Kazakhstan “On subsoil and subsurface use” dated 27 January, 1996, the Law of the Republic of Kazakhstan “On oil” dated 28 June, 1995

6. In relation of contracts for the subsurface use between the Government of the Republic of Kazakhstan and subsurface use, concluded in accordance with the Law of the Republic of Kazakhstan dated 24 June, 2010 No. 291-IV “On subsoil and subsurface use” before the date of entering into legal force of Agreement2

paragraphs 16, 17, 23, 26, 31, 33 and 35

The Law of the Republic of Kazakhstan dated 24 June, 2010 No. 291-IV “On subsoil and subsurface use”, the Law of the Republic of Kazakhstan “On subsoil and subsurface use” dated 27 January, 1996, the Law of the Republic of Kazakhstan “On oil” dated 28 June, 1995

6.1. The Republic of Kazakhstan shall reserve a right to require from the investors, the procurement of services from the legal entities of the Republic of Kazakhstan in accordance with the investment contract:



6.1.1. in the relation of exploration and extraction of solid mineral products – not more than 50% from all services, procured by such investors in connection with implementation of investment contract



6.1.2. in relation of exploration and production of hydrocarbons:



6.1.2.1. until 1 January, 2016 – not more than 70 % from all services, procured by such investor in connection with implementation of investment contract



6.1.2.2. from 1 January, 2016 until the date of accession of the Republic of Kazakhstan to the WTO (World Trade Organization) – not more than 60 % from all services, procured by such investor in connection with implementation of investment contract



6.1.2.3. from the date of accession of the Republic of Kazakhstan to the WTO (World Trade Organization) – not more than 50 % from all services, procured by such investor in connection with implementation of investment contract



6.2. during 6 years after the entry of the Republic of Kazakhstan to the WTO upon conducting of competition by the investor for involvement of subcontractor, the investor conditionally reduces the price of the tender application form, presented by the legal entity of the Republic of Kazakhstan by 20 %, if at least 75% of the qualified persons of this subcontractor are the citizens of the Republic of Kazakhstan, upon condition that the legal entity of the Republic of Kazakhstan conforms to the standards and qualitative characteristic, established in the competitive documentation



6.3. upon expiration of 6 years from the date of entering of the Republic of Kazakhstan to the WTO upon conducting of competition by the investor for involvement of subcontractor, the investor conditionally reduces the price of the tender application form, presented by the legal entity of the Republic of Kazakhstan by 20 %, if at least 50% of the qualified employees of this subcontractor are the citizens of the Republic of Kazakhstan, upon condition that the legal entity of the Republic of Kazakhstan conforms to the standards and qualitative characteristic, established in the competitive documentation



6.4. upon establishment of conditions of conducting of competition for provision of a right of subsurface use, the Republic of Kazakhstan shall not establish the minimum Kazakh content in personnel or services, exceeding 50%, in recognition of the following:



6.4.1. Kazakh content in personnel, involved by the investor, to which the right of subsurface use was provided (hereinafter – investor), will be calculated as the proportion in equal shares on the basis of the number of heads, managers and specialists, in accordance with the meaning of these terms, determined for the purposes of entry and temporary stay of persons, transferred within the internal transfer, in the List of specific obligations of the Republic of Kazakhstan within the WTO on market access for services (hereinafter – qualified employees) who are the citizens of the Republic of Kazakhstan



6.4.2. Kazakh content in all services, which are rendered to the investor shall be determined as the share of the total annual amount of payments (expenses) for the rendering of services on all contracts, which were paid to the legal entities of the Republic of Kazakhstan.3 However the amount, paid to the legal entity of the Republic of Kazakhstan shall be reduced by any amount which were paid for the rendering of services on the basis of subcontract agreement at any level, to the organizations that are not the legal entities of the Republic of Kazakhstan



6.4.3. upon determination of the winner of competition for provision of a right of subsurface use, the Republic of Kazakhstan shall not consider the fact that potential investor may offer a level of Kazakh content in personnel and services more than 50 %



6.5. The Republic of Kazakhstan shall reserve a right to require, the procurement of goods in the manner and conditions, provided by paragraph 5 of section II of the list to the annex No.28 to Agreement from investors in accordance with the investment contract



7. In relation of procurement by the National Welfare Fund “Samruk Kazyna” (NWF) and organizations, 50% and more of voting stocks (share of participation) of which the NWF “Samruk Kazyna” directly or indirectly owns, as well as in the companies, which directly or indirectly belong to the state (the share of the state of which is 50% and more) in accordance with the Law of the Republic of Kazakhstan dated 1 February, 2012 No.550-IV “On the National Welfare Fund” and regulation of the Government of the Republic of Kazakhstan dated 28 May, 2009 No. 787 “On approval of Model rules of procurement of goods, works and services, carried out by the national managing holding, national holdings, national companies and organizations, 50 and more percent of stocks (share of participation) of which directly or indirectly belong to the national managing holding, national holdings, national companies”, the seizure in relation of local content shall be preserved and applied on conditions and in the manner provided by paragraph 6 of section II of the list to the annex No.28 to Agreement4 

paragraphs 16, 17, 23, 26, 31, 33 and 35

The Law of the Republic of Kazakhstan dated 1 February, 2012 No.550-IV “On the National Welfare Fund”, regulation of the Government of the Republic of Kazakhstan dated 28 May, 2009 No.787 “On approval of Model rules of procurement of goods, works and services, carried out by the national managing holding, national holdings, national companies and organizations, fifty and more percent of stocks (share of participation) of which directly or indirectly belong to the national managing holding, national holdings, national companies”


8. The state body shall have a right to refuse in issuance of permission for commission of transactions on the use, acquisition, strategic objects of the Republic of Kazakhstan to the applicant, if it involves the concentration of rights of the one person or group of persons from one country. Observance of this condition is compulsory and in relation of transactions with affiliated persons. Restrictions on the transfer and accrual of the property right for the strategic resources (objects) of the Republic of Kazakhstan shall be established by the Government of the Republic of Kazakhstan for the purposes of ensuring of national security. As well as for the purposes of exercise of relevant decision (act) of the Government of the Republic of Kazakhstan, the issuer, controlling block of stocks of which directly or indirectly belongs to the national managing holding, upon stock floatation on the organized securities market shall not have a right to sell stocks to the foreign citizens and (or) legal entities, as well as persons without citizenship

paragraphs 15, 16, 23, 26, 31 and 33

The Law of the Republic of Kazakhstan dated 6 January, 2012 No.527-IV “On the national security”, the Law of the Republic of Kazakhstan dated 2 July, 2003 No.461 “On the securities market”

9. Procedure of selection of concessioner and the list of existing conditions of the concession agreement shall be established in accordance with the legislation of the Republic of Kazakhstan. The right to appoint the exclusive concessioner shall be reserved. Separate rights and obligations of concessor may be carried out by the authorized concessors

paragraphs 15-17, 23, 26, 31 and 33

The Law of the republic of Kazakhstan dated 7 July, 2006 No.167-3 “On concession”

10. The restrictions in relation of activity within the continental shelf of the Republic of Kazakhstan may be introduced

paragraphs 15-17, 23, 26, 31 and 33

The Law of the Republic of Kazakhstan dated 24 June, 2010 No.291-IV “On subsoil and subsurface use”

11. Priority in the provision of animal world for the use in the specific territory or water areas is given to the legal entities and citizens of the Republic of Kazakhstan

paragraphs 23 and 26

The Law of the republic of Kazakhstan dated 9 July, 2004 No.593 – II “On protection, reproduction and use of animal world”

III. Russian Federation

1. Conditions and procedure of access, including restrictions of such access to subsidies and other measures of the state support shall be established by the federal, regional and municipal bodies of power and fully applied, but without damage for provisions of sections XXIV and XXV of Agreement

paragraphs 23 and 26

The Budget Code of the Russian Federation, the Federal Law on the federal budget for the relevant years, regulatory legal acts of the Russian Federation, subjects of the Russian Federation and municipal formations

2. Foreign property for the agricultural land and land of border territories shall be prohibited and may be limited for other types of land. Rend of land plots is permitted for the period of up to 49 years

paragraphs 23 and 26

The Land Code of the Russian Federation, the Federal Law dated 24 July, 2002 No.101 – the Federal Law “On commerce in land of agricultural purpose”

3. Russian legal entities, in the charter (reserve) capital of which the share of foreign persons (or their combined share) is more than 50% may have the land plots for the agricultural purpose exclusively on the tenant right. The term of such lease may not exceed 49 years

paragraphs 23 and 26

The Land Code of the Russian Federation, the Federal Law dated 24 July, 2002 No.101 – the Federal Law “On commerce in land of agricultural purpose”

4. Transactions involving the land of traditional residence and carrying out of economic activity of indigenous peoples and small ethnic groups, as well as land plots that are in the border territories and on other established special territories of the
Russian Federation may be limited or prohibited in accordance with the legal acts of the Russian Federation

paragraphs 23 and 26

The Land Code of the Russian Federation, the Russian Law dated 1 February, 1993 No.4730-I “On the State border of the Russian Federation”

5. In relation of the trade in services by the methods of supply of services, specified in the second and third items of subparagraph 22 of paragraph 6 of annex No.16 to Agreement, the legal entities of the Russian Federation shall have the priority right for participation in the implementation of agreement on section of products as contractors, suppliers, carriers or otherwise by agreements (contracts) with investors

paragraph 23

The Federal Law dated 30 December, 1995 № 225- the Federal Law “On agreements on products section”

6. Establishment by the persons of any other member state of legal entities, opening of branches and representatives, registration as individual entrepreneur in the territory of closed administrative and territorial formation in the Russian Federation, acquisition of share of participation in the capital of legal entities registered in the territory of closed administrative and territorial formation, by the persons of any other member state, as well as activity of legal entities, registered in the territory of closed administrative and territorial formation (as well as with the foreign capital), branches and representatives may be limited and prohibited in accordance with the regulatory legal acts of the Russian Federation

paragraphs 15-17, 23, 26, 31 and 33

The Federal Law dated 14 July, 1992 No. 3297-1 “On closed administrative and territorial formation”

7. The restrictions in relation of activity within the continental shelf of the Russian Federation may be introduced

paragraphs 15-17, 23, 26, 31 and 33

The Federal Law dated 30 November, 1995 No. 187- the Federal Law “On continental shelf of the Russian Federation”

8. Priority in the provision of animal world for the use in the specific territory or water areas is given to the legal entities and citizens of the Russian Federation

paragraphs 23 and 26

The Federal Law dated 24 April, 1995 No.52-the Federal Law “On animal world”

9. In relation of conclusion of agreements on section of products, which were concluded before 1 January, 2012 (hereinafter agreements)5:
participation of Russian legal entities in the implementation of agreements in the shares, determined by the Government of the Russian Federation shall be provided by the conditions of auction for conclusion of agreement
the agreement provides the obligations of investor on:
provision of priority right for participation on the works on agreement as contractors, suppliers, carriers or otherwise to the Russian legal entities on the basis of agreements (contracts) with investors
involvement of employees – citizens of the Russian Federation, the number of which shall consist not less than 80% of the composition of all involved employees,
involvement of foreign workers and specialists only on the initial stages of works by agreement or in the absence of workers and specialists – citizens of the Russian Federation of the relevant qualification
acquisition of production, transportation and processing of mineral products of processing equipment, technical means and materials of Russian origin, necessary for the geological study in the amount not less than 70% of the total value of acquired (as well as by agreements of lease, leasing and on other grounds) in each calendar year for execution of works by agreement of equipment, technical means and materials, expenses for acquisition and use of which are compensated to the investor of compensated products.
Upon that the equipment, technical means and materials shall be considered of the Russian origin upon condition that they are produced by the Russian legal entities and (or) citizens of the Russian Federation in the territory of the Russian Federation from components, parts, constructions and constituent parts, not less than 50% in value terms of produced in the territory of the Russian Federation by the Russian legal entities and (or) citizens of the Russian Federation. The member states shall provide the condition in the agreement that not less than 70% of processing equipment in value terms for extraction of mineral products, their transportation and processing (if its provided by agreement), acquired and (or) used by the investor for execution of works by agreement shall be the Russian origin. This provision shall not be distributed for the use of objects of major pipeline transport, construction and acquisition of which are not provided by agreement

paragraphs 23 and 26

The Federal Law dated 30 December No.225 – the Federal Law “On agreements on section of products”

10. Procedure of selection of concessioner and the list of existing conditions of the concession agreement shall be established in accordance with the legislation of the Russian Federation. The right to appoint the exclusive concessioner shall be reserved. Separate rights and obligations of concessor may be carried out by the authorized concessors

paragraphs 15-17, 23, 26, 31 and 33

The Federal Law dated 21 July, 2005 No.115-the Federal Law “On concession agreements”

11. Transaction, carried out by the person of any other member state and involves establishment of control over the Russian economic societies, carrying out at least one of the types of activity, having the strategic purpose for ensuring of defence of the country and security of the state shall require obtaining a permit of the authorized body of the Russian Federation in the manner determined by the regulatory legal acts of the Russian Federation. The foreign states, international organizations, as well as persons that are under their control, as well as created in the territory of the Russian Federation shall not have a right to carry out transactions, involving establishment of control under the Russian economic societies, carrying out at least one of the types of activity, having the strategic purpose for ensuring of defence of the country and security of the state. Foreign investors or group of persons shall be obliged to present information on acquisition of 5 or more percent of stocks (shares), constituting the charter capitals of economic societies, carrying out at least one of the types of activity, having the strategic purpose for ensuring of defence of the country and security of the state to the authorized body

paragraphs 15, 16, 23, 26, 31 and 33

The Federal Law dated 29 April,2008 No.57-the Federal Law “On procedure of implementation of foreign investments in the economic societies, having the strategic purpose for ensuring of defence of the country and security of the state”

12. The land plots in the borders of seaport may not be in the property of foreign citizens, persons without citizenship, foreign organizations

paragraphs 23 and 26

The Federal Law dated 8 November, 2007 No.261-the Federal Law “On seaports in the Russian Federation and on making amendments to the separate legislative acts of the Russian Federation”

IV. The Republic of Armenia

1. Only the legal entities, authorized in accordance with the legislation of the Republic Armenia shall have a right to subsidization irrespective of who is the owner of the capital

paragraphs 23 and 26

The Law of the Republic of Armenia “On the budget system of the Republic of Armenia” dated 24 June, 1997 No. L – 137,

Decision of the Government of the Republic of Armenia dated 24 December,2003 No.1937-H

2. The foreign citizens and citizens without citizenship shall not be used the right of property, except for the cases, provided by the Law. The term of lease of land plots that are the state and (or) public property may not be more than 99 years, except for the agricultural land, the term of lease of which is established up to 25 years.

paragraphs 23 and 26

The Constitution of the Republic of Armenia, the Land code of the Republic of Armenia

3. The user of subsoil may be only a legal entity, as well as commercial organization of the foreign state

paragraphs 23 and 26

The Code on subsoil of the Republic of Kazakhstan

4. Only the citizens of the Republic of Armenia, received a certificate of qualification from the state authorized body may be engaged in cartography, geodesy and account.

paragraphs 23 and 26

The Law of the Republic of Armenia “On the state registration of property rights” dated 14 April, 1999 No. ЗР – 295, Decision of the Government of the Republic of Armenia dated 29 September, 2011 No.1441-H

____________________

1 These seizures are stored and applied in the manner and on conditions provided by the minute on accession of the Republic of Kazakhstan to WTO.
2 These seizures are stored and applied in the manner and on conditions provided by the minute on accession of the Republic of Kazakhstan to WTO.
3 The contracts with a legal entity of the Republic of Kazakhstan shall not be taken into account, if this person does not carry out the coordinated type of activity in the territory of the Republic of Kazakhstan. The concept “legal entity of the Republic of Kazakhstan” also includes individual entrepreneurs.
4 These seizures are stored and applied in the manner and on conditions provided by the minute on accession of the Republic of Kazakhstan to WTO.
5 These restrictions are stored and applied in the manner and on conditions, provided by the Minute dated 16 December, 2011 on accession of the Russian Federation to the Marrakesh Accords on establishment of the World trade organization dated 15 April, 1994.

ANNEX No. 17    
to Agreement on Eurasian
Economic Union   

MINUTE
on financial services

      1. This Minute is developed in accordance with Article 70 of Agreement on Eurasian Economic Union (hereinafter –Agreement) and applied to the measures of the member states, affecting the trade in financial services, as well as establishment and (or) activity of providers of financial services.
      2. Provisions of this Minute shall not be applied to the rendered services and activity, carried out in execution of functions of the state power on the non-commercial basis and not on the conditions of competition, as well as in relation of provided subsidies.
      3. The concepts used in this Minute shall have the following meanings:
      “state institution” – a body of the state power, or national (central) bank of the member state, or organization of the member state, belonging to the member state or controlled by this member state, which carries out exclusively the powers, delegated by the body of the state power of this member state or national (central) bank of such member state;
      “activity” – an activity of legal entities, branches, representatives, established within the meaning of this Minute;
      “legislation of the member state” – the laws and other regulatory legal acts of the member state, regulatory acts of the national (central) bank of the member state;
      “credit organization” - a legal entity of the member state, which has a right to carry out the banking operations in accordance with the legislation of the member state in the territory of which it is registered, for deriving of profit as the main purpose of its activity on the basis of license, issued by the authorized body of the member state on regulation of banking activity;
      “license” – special permission (document), issued by the authorized body of the member state, provided the right to its owner to carry out the defined type of activity in the territory of the member state;
      “measure of the member state” – the legislation of the member state, as well as decision, action or omission of the authorized body of the member state or civil servant of the authorized body of the member state.
      In the case of acceptance (publication) of official document, having a recommendatory nature, by the authorized body of the member state, such recommendation may be recognized as a measure for the purposes of this Minute in the case, if it is proved that the primary part of addressees of this recommendation, in practice, follows it;
      “national regime” – provision to the persons and financial services of another member state upon trade in financial services, the regime not less favorable than the regime, provided upon similar circumstances to their own persons and financial services in its territory;
      “common financial market” – financial market of the member states, which corresponds to the following criteria:
      harmonized requirements to regulation and supervision in the scope of financial markets of the member states;
      mutual recognition of licenses in the banking and insurance sectors, as well in the sector of services in the securities market, issued by the authorized bodies of one of the member state in the territories of another member states;
      carrying out of activity on provision of financial services over the whole territory of the Union without additional establishment as the legal entity;
      administrative cooperation between the authorized bodies of the member states, as well as by exchange of information;
      “render/trade in financial services” – rendering of financial services, including production, distribution, marketing, sale and delivery of services, carrying out by the following methods:
      from the territory of one member state to the territory of another member state;
      in the territory of one member state by person of this member state to the person of another member state (consumer of services);
      by the provider of financial services of one member state by establishment and activity in the territory of another member state;
      “provider of financial services” – any individual or legal entity of the member state, rendering the financial services, except for the state institutions;
      “professional participant of the securities market” – a legal entity of the member state, having the right to carry out the professional activity in the securities market in accordance with the legislation of the member state, in the territory of which it is registered;
      “most favored nation regime” – provision to the persons and financial services of another member state upon trade in financial services, the regime not less favorable than the regime provided upon similar circumstances to the persons and financial services of third countries;
      “sector of financial services” – the entire sector of financial services, including all its subsectors, and in relation of exemptions from obligations, restrictions and conditions of the member state, one or several or all subsectors of the separate financial service;
      “insurance organization” – a legal entity of the member state, having the right to carry out the insurance (reinsurance) activity in accordance with the legislation of the member state, in the territory of which it is registered;
      “economic feasibility test” – issuance of permission for establishment and (or) activity or render of service depending on existence of the need and market demand by economic assessment of efficiency of activity of provider of services for compliance with the purposes of economic planning of specific branch;
      “authorized body” – a body of the member state, having the powers on implementation of regulation and (or) supervision and control of financial market, financial organizations (separate scopes of financial market) in accordance with the legislation of this member state);
      “establishment”:
      creation and (or) acquisition of legal entity (participation in the capital of created or established legal entity) of any organizational and legal form and form of ownership, provided by the legislation of the member state, in the territory of which such legal entity is created or established;
      acquisition of control over the legal entity of the member state, expressed in the possibility to directly or through the third persons determine the decisions, adopted by such legal entity, as well as by disposition of votes, corresponding to the voting stocks (shares), by participation in the board of directors (supervisory council) and other bodies of management of such legal entity;
      opening of branch;
      opening of representative;
      “financial services” – services of financial nature, including the following types of services:
      1) insurance and relating to the insurance services:
      a) insurance (coinsurance): life insurance, other than life insurance;
      b) reinsurance;
      c) insurance mediation, such as broker and agency mediation;
      d) auxiliary insurance services, such as consultative, actuarial services, services of risk assessment and service on settlement of claims;
      2) banking services:
      a) reception of holdings (deposits) and other repayable funds from the population;
      b) issuance of loans, credits, lending of all types, including consumer credit, secured credit, factoring and financing of commercial transactions;
      c) financial leasing;
      d) all types of services on payments and money transfers;
      e) trading at its own expense and at the expense of customers, on the stock exchange and over the counter market or otherwise: foreign exchange; derivatives, including futures and options; instruments related to foreign exchange rates and interest rates, including transactions "swap", and forward transactions;
      f) consultative, intermediate and other auxiliary financial services in all types of activity, specified in this paragraph, including reference and analytical materials, related with analysis of credit conditions;
      3) services in the securities market:
      a) trade in financial instruments at its own expense and expense of customers, on the stock exchange and over the counter market or otherwise;
      b) participation in the emission (issuance) of all types of securities, including guarantee and distribution as the agent (state or private), and rendering of services, relating to such emission (issuance);
      c) brokerage operations in the financial market;
      d) management of such assets, as monetary funds or securities, all types of management of collective investments, management of assets and investment portfolio of retirement funds, guardianship, storage services and trust services;
      e) clearing services on financial assets, including securities, derivatives and other financial instruments;
      f) provision and transfer of financial information, processing of financial details and provision and transfer of relevant software support by the providers of other financial services;
      g) consultative, intermediate and other auxiliary financial services in all types of activity, specified in this paragraph, including researches and recommendations on the direct and portfolio investments, recommendations on issues of acquisition, reorganization and strategy of corporation.
      Other concepts in this Minute shall be used within the meaning specified in the Minute on the trade in services, establishment, activity and implementation of investments (annex No.16 to Agreement).
      4. Each member state shall provide the national regime and most favored nation regime to the providers of financial services (legal entities of other member states) in relation of rendering independently, through the intermediary or as intermediary in accordance with conditions, specified in the individual national lists of the member states in the annex No.1 to this Minute, from the territory of one member state to the territory of another member state, the following types of financial services:
      1) risk insurance, relating to:
      the international maritime transport and commercial air transport, commercial space launches and freight (including satellites), in relation of which such insurance fully or partially affects: transported goods, transport vehicles, transporting the goods, and civil responsibility, arising in connection with transportation;
      goods, transferred within the international transit;
      2) reinsurance, as well as such auxiliary insurance services, as consultative services, actuarial services, risk assessment and settlement of claims;
      3) provision, transfer of financial information, processing of financial details and relevant software support of providers of other financial services;
      4) consultative and other auxiliary services, including provision of reference materials (except for the mediation and services, related with analysis of credit history, researches and recommendations on the direct and portfolio investments, recommendations on issues of acquisition, reorganization and corporate strategy) in relation of services in the securities market and banking services.
      5. Each member state shall permit to consume the financial services, specified in subparagraphs 1-4 of paragraph 4 of this Minute to the persons of this member state in the territory of another member state.
      6. Each member state shall provide the national regime to the persons of another member state in relation of establishment and (or) activity in its territory of providers of financial services, as they are determined in paragraph 3 of this Minute, in recognition of restrictions, provided by individual national list for each of the member states in the annex No.2 to this Minute.
      7. Each member state shall provide the most favored nation regime to the persons of another member state in relation of establishment and (or) activity in its territory of providers of financial services as they are determined in paragraph 3 of this Minute.
      8. The issues of the trade in financial services with the third states, activity of legal entities, in the capital of which the state is participated, rights of consumers of financial services, participation in privatization, protection of investors’ rights, payments and transfers, restrictions in relation of payments and transfers, compensation of damage, guarantees of investors, as well as upon expropriation, transfer of investors’ rights and procedure of permission of investment disputes shall be regulated by the Minute on the trade in services, establishment, activity and implementation of investments (annex No.16 to Agreement).
      9. Provisions of this Minute shall be applied to the legal entities, branches, representatives, established on the date of entering of Agreement into legal force and continues to exist, as well as established after entering of Agreement into legal force.
      10. In the sectors, listed in paragraph 4 of this Minute, except for the cases provided in the annex No.1 to this Minute, none of the member states shall apply and introduce in relation of financial services and providers of financial services of another member state in connection with the trade in services, restrictions in relation of:
      the number of financial services in the form of quota, monopoly, economic feasibility test or in any other quantitative form;
      operations of any provider of financial services in the form of quota, economic feasibility test or in any other quantitative form.
      In the sectors, listed in paragraph 4 of this Minute, except for the cases provided in the annex No.1 to this Minute, none of the member states shall introduce and apply requirements of establishment as the condition for the trade in financial services in relation of provider of financial services of other member state.
      11. Except for the restrictions, provided by individual national list for each of the member states in the annex No.2 to this Minute, none of the member states shall apply and introduce, in its territory, in relation of providers of financial services of another member state in connection with establishment and (or) activity of suppliers of financial services, the restrictions in relation of:
      1) the forms of establishment, as well as organizational and legal form of legal entity;
      2) the number of established legal entities, branches or representatives in the form of quota, economic feasibility test or in any other form;
      3) the acquired amount of the share in the capital of legal entity or degree of control over the legal entity;
      4) the operations of established legal entity, branch, representative, in the course of carrying out by them the activity in the form of quota, economic feasibility test or in any other quantitative form.
      12. The issues of entry, departure, stay and labour activity of individuals shall be regulated by section XXVI of Agreement in recognition of restrictions, specified in the individual national list for each member state in the annex No.2 to this Minute.
      13. In relation of financial services, specified in the individual national list in the annex No.1 to this Minute and restrictions in relation of establishment and (or) activity, specified in the individual national list in the annex No.2 to this Minute, each member state shall ensure that the measures of this member state, affecting on the trade in financial services are applied by reasonable, objective and impartial manner.
      14. When a permit for rendering of financial services is required, the authorized bodies of the member state shall inform the applicant on decision concerning the application during the reasonable period of time after presentation of application, which is considered as executed according to the requirements of the legislation of the member state and the rules of regulation. The authorized bodies of the member state shall provide information on the course of consideration of application without undue delay at the request of applicant.
      15. The member states shall have a right to develop any necessary rules through the relevant bodies, which they may create, for ensuring of such situation that the measures relating to the qualifying requirements and procedures, technical standards and requirements of licensing do not create the unjustified barriers in the trade in financial services. These rules among other things shall provide that requirements contained therein:
      1) based on the objective and public criteria, such as competence and the ability to render the service;
      2) are not more burdensome than necessary to ensure the quality of service;
      3) in the case of procedures of licensing - are not a restriction in themselves on the render of services.
      16. The member states shall not apply the licensing or qualified requirements and technical standards, cancelling or reducing the profits, which are provided according to the conditions, specified in the individual national lists in the annex No.1 to this Minute before entering of rules, developed for the sectors of financial services, specified in the individual national lists in the annex No.1 to this Minute, in accordance with paragraph 15 of this Minute, into legal force.
      Upon that the licensing or qualified requirements and technical standards, applied by the member state shall correspond to the criteria, specified in subparagraphs 1-3 of paragraph 15 of this Minute and may be reasonably expected from this member state on the date of signing of Agreement.
      17. If the member state applies licensing in relation of establishment and (or) activity of providers of financial services, such member state shall ensure that:
      1) the name of the authorized bodies of the member state, responsible for the issuance of licenses for carrying out of activity were published or otherwise brought to the general knowledge;
      2) licensing procedures are not a restriction in themselves for establishment or activity and the licensing requirements, directly related to the right for carrying out of activity, that are not the unreasonable barrier to the activity in themselves;
      3) all licensing procedures and requirements were established in the legislation of the member state and the legislation of the member state, establishing or applying the licensing procedures or requirements, published before the date of its entering into legal force;
      4) any charges, collected in connection with provision and consideration of application for issuance of a license, are not a restriction for establishment and activity in themselves and based on the expenses of licensing body of the member state, related with consideration of application and issuance of the license;
      5) the relevant authorized body of the member state, responsible for the issuance, informed the applicant on the state of consideration of its application, as well as on that, if this application is considered as properly filled upon expire of period of time, established by the legislation of the member state for adoption of decision on issuance (refusal) in the issuance of a license and at the request of applicant. In any case, the applicant will be given the opportunity to make technical corrections to the application. The application will not be considered properly filled until the all information and documents specified in the relevant legislation of a member state are not received;
      6) authorized body of the member state, responsible for issuance of a license, refused to adopt the application, informed the applicant on the reasons of such refusal in written form at the written request of applicant who was refused to adopt the application. However, this provision shall not be interpreted as requiring from the licensing body of the member state to disclose the information, disclosure of which prevents to execution of the legislation of the member state or otherwise prevents to the public interests or existing interests of security;
      7) the applicant may file a new application, in which it may try to eliminate any available problems for the issuance of a license, in the case when it was refused in adoption of application;
      8) the issued license has effect over the whole territory of the member state.
      18. Procedure and terms of issuance of the licenses for carrying out of activity on the markets of financial services in the territory of the member state shall be established by the legislation of the member state, in the territory of which it is supposed to carry out such activity.
      19. Nothing in this Minute shall prevent to the member state to take the prudential measures, including protection of interests of investors, contributors, insurers, beneficiaries and persons, before whom the provider of services bears fiduciary responsibility, or measures for ensuring of integrity and stability of the financial system. If such measures do not correspond to the provisions of this Minute, they shall not be used by the member state as the means of avoidance of execution of obligation, adopted by this member state in accordance with this Agreement.
      20. Nothing in this Minute shall be interpreted as requirements to the member state to disclose the information relating to the accounts of individual customer, or any other confidential information, or information, available for the state institutions.
      21. The member states shall carry out development of harmonized requirements in the scope of regulation of financial market in the following sectors of services on the basis of international principles and standards or the best international practice and not lower than the standards and practice, which were applied in the member states:
      banking sector;
      insurance sector;
      the service sector in the securities market.
      22. In the banking sector the member states shall harmonize the requirements on regulation and supervision of credit organizations, guided in their actions with the best international practice and Guidelines of effective banking supervision of the Basle committee on banking supervision, as well as in relation of:
      1) the concept “credit organization” and legal status of credit organization;
      2) procedure and conditions for the disclosure of information by the credit organizations, banking groups and their affiliated persons, banking holdings;
      3) requirements to the accounting (financial) reports on the basis of International standards of financial reporting;
      4) procedure and conditions of creation of credit organization, in particular in relation of:
      requirements to the constituent documents;
      procedure of the state registration of credit organization in the form of legal entity (branch);
      determination of minimum amount of the charter capital of credit organization, procedure of its formation and methods of its payment;
      requirements to the professional qualification and business standing of leading employees of the credit organization;
      procedure and conditions of issuance of a license for carrying out of banking operations, as well as in relation of requirements to the documents, necessary for reception of the license for carrying out of banking operations;
      5) the grounds for refusal in registration of credit organization and issuance to it a license for carrying out of banking operations;
      6) the order, procedure and conditions of liquidation (as well as prudential liquidation) or reorganization of credit organization;
      7) the grounds for revocation of a license for carrying out of banking operations from the credit organization;
      8) procedure and features of reorganization of credit organizations in the form of amalgamation, accession and transformation;
      9) ensuring of financial reliability of credit organization, as well as determination of other, besides the banking operations, types of activity, permitted for the credit organizations, prudential standards, compulsory reserves and special provisions;
      10) procedure of carrying out of supervision of activity of the credit organizations, banking holdings and banking groups by the authorized bodies of the member states;
      11) amount, procedure and conditions of application of sanctions to the credit organizations and banking holdings;
      12) requirements to activity and ensuring of financial reliability of banking groups and banking holdings;
      13) creation and functioning of the system of endowment insurance of population (including the amounts of payments of compensation on deposits);
      14) procedures of financial reorganization and bankruptcy of credit organizations (including regulation of the rights of credits, priority of claims);
      15) the list of operations, recognized as banking;
      16) the list and status of organizations, that have the right to carry out the separate technological parts of banking operations.
      23. In the insurance sector, the member states shall harmonize the requirements on regulation and supervision of professional participants of insurance market, guided in their actions with the best international practice and Guidelines of insurance supervision of International association of insurance supervisions and as well as in relation of:
      1) the concept “professional participants of insurance market” and legal status of professional participant of insurance market;
      2) ensuring of financial reliability of professional participant of insurance market, as well as in relation of:
      insurance reserves, sufficient for execution of obligations on insurance, coinsurance, reinsurance, mutual insurance;
      the composition and structure of assets, applied for coverage of insurance reserves;
      minimum level and procedure of formation of charter and own capital;
      conditions and procedure of transfer of insurance portfolio;
      3) requirements to the accounting (financial) reports on the basis of International standards of financial reporting;
      4) procedure and conditions of creation and licensing of insurance activity;
      5) procedure of carrying out of supervision of activity of professional participants of insurance market by the authorized bodies of the member states;
      6) amount, procedure and conditions of application of sanctions to the participants and (or) professional participants of insurance market for violation in the financial market;
      7) requirements to the professional qualification and business standing of leading employees of the professional participants of insurance market;
      8) the grounds for refusal in issuance of a license for carrying out of insurance activity;
      9) the order, procedure and conditions of liquidation of professional participant of insurance market, as well as prudential liquidation (bankruptcy);
      10) the grounds for revocation of a license for carrying out of insurance activity, as well as cancellation, restriction or suspension of the effect of such license from the professional participant of insurance market;
      11) procedure and features of reorganization of professional participant of insurance market in the form of amalgamation, accession and transformation;
      12) requirements to the composition of insurance groups and insurance holdings and their financial reliability.
      24. In the services sector in the securities market, the member states shall harmonize the requirements on the following types of activity:
      brokerage activity in the securities market;
      dealer activity in the securities market;
      an activity on management of securities, financial instruments, management of assets and investment portfolio of retirement funds and collective investments;
      an activity on determination of mutual obligations (clearing);
      depositary activity;
      an activity on maintenance of register of owners of securities;
      an activity on organization of the trade in the securities market.
      25. The member states shall harmonize the requirements on regulation and supervision of securities market, guided in their actions with the best international practice and principles of International organization of commissions on securities, Organization of economic cooperation and development, as well as in relation of:
      1) determination of procedure of formation and payment of charter capital, as well as requirements to the sufficiency of their own capital;
      2) procedure and conditions of issuance of a license for carrying out of activity in the securities market, including requirements to the documents, necessary for reception of such license;
      3) requirements to the professional qualification and business standing of leading employees of the professional participants of securities market;
      4) the grounds for refusal in issuance of license for carrying out of activity in the securities market, as well as cancellation, restriction or suspension of the effect of such license;
      5) requirements to the accounting (financial) reports on the basis of International standards of financial reporting, as well as requirements to organization of internal accounting and internal control;
      6) procedure, order and conditions of liquidation (as well as prudential liquidation) or reorganization of professional participant of the securities market;
      7) the grounds for revocation of a license for carrying out of activity in the securities market from the professional participant of securities market;
      8) amount, procedure and conditions of application of sanctions to the participants and (or) professional participants of the securities market for violation on the financial market;
      9) procedure of carrying out of supervision of activity of subjects (participants) of the securities market by the authorized bodies of the member states;
      10) requirements, presented to activity of professional participants of the securities market;
      11) requirements to the procedure of emission (procedure of issuance) of securities of the issuer;
      12) requirements to the placement and circulation of securities of foreign issuers in the securities market of the member states;
      13) requirements to the volume and quality, as well as periodicity of publication of information;
      14) provision of possibility of placement and circulation of securities of issuers of the member states over the whole territory of the Union upon condition of registration of emission (issuance) of securities by the regulatory body of the state of registration of the issuer;
      15) requirements in the field of disclosure of information by the issuers, prevention to the illegal use of insider information and manipulation in the securities market.
      26. The member states shall carry out development of harmonized requirements to conducting of audit on the basis of International standards of audit.
      27. The member states shall develop the mechanisms of interaction of the authorized bodies of the member states in the scope of regulation, control and supervision of activity in their financial markets, as well as in the banking sector, insurance sector and services sector in the securities market.
      The member states shall exchange information, as well as confidential in accordance with international treaty within the Union.
      28. Each member state shall ensure that the legislation of this member state which affects or may affects the issues, covered by this Minute is published in the official source, and if it is possible, in the specially dedicated website in the Internet so that any person, rights and (or) obligations of which may be affected by such legislation of the member state has a right to familiarize with it.
      Publication of such legislation shall include explanation of purposes of adoption of such legislation and to be implemented on time, ensuring the legal certainty and reasonable expectations of persons, rights and (or) obligations of which may be affected by this legislation of the member state, but in any case before the date of entering it into legal force.
      29. Each member state shall establish the mechanism, ensuring provision of answers to written requests of any person, relating the existing and (or) planned legislation of acts on issues, covered by this Minute. Answers to the requests shall be provided to such interested person not later than 30 calendar days from the date of reception of written request.
      30. The member states shall carry out harmonization of its legislation in relation of requirements for the implementation of activity of rating agencies in accordance with principles of transparency, accountability and responsibility for the purposes of prevention of system risks in the financial markets.
      31. The member state may recognize the prudential measures of any other member state upon determination of application by them the measures, relating to rendering of financial services. Such recognition that may be achieved by harmonization of the legislation of the member states or otherwise bay be based on agreement or arrangement with the interested member state or may be provided in the unilateral procedure.
      32. The member state that is a participant of agreement or arrangement on recognition of prudential measures of another member state, both future and current shall offer an opportunity to other member states to negotiate on their accession to such agreements or arrangements, which may contain the rules, control, mechanism of implementation of such rules and if it is possible, procedures, related with exchange of information between participants of such agreements and arrangements.
      33. Harmonization of specific requirements to implementation of activity in the financial markets of the member states shall be carried out upon condition that the remaining differences will not prevent to the effective functioning within the Union of common financial market.
      34. Nothing in this Minute shall prevent to the member state to adopt or apply the following measures upon condition that such measures are not applied by the method which creates the means of arbitrary or unjustifiable discrimination between the persons of the member states in relation of the trade in services, establishment and (or) activity, that is:
      1) necessary for protection of public morals or maintenance of public order. Exceptions for reasons of public order may be applied only in the cases when there is a real and sufficiently serious threat in relation of one of the fundamental interests of society;
      2) necessary for protection of life or health of humans, animals or plants;
      3) necessary for observance of Laws or rules, which correspond to provisions of this Minute including those relating to:
      prevention of deceptive and abusive practice or the consequences of non-observance of the civil law contracts;
      protection from invasion of privacy of separate persons upon processing and distribution of details of personal nature and protection of confidentiality of details on private life and accounts;
      4) incompatible with paragraphs 4 and 6 of this Minute in a part of provision of national regime, upon condition that the difference in the actually provided regime is aimed at ensuring a fair or effective taxation or collection of taxes from the persons of another member state in relation of the trade in services;
      5) incompatible with paragraphs 4 and 7 of this Minute upon condition that the difference in relation of regime is the result of agreement on issues of taxation, as well as agreement on avoidance of double taxation, the participant of which is the relevant member state.
      35. Nothing in this Minute shall be construed as prevention for the member state to take any measures, which it considers necessary to protect their most important interests in the field of defence or its national security.
      36. The member state shall ensure gradual reduction of seizures and restrictions, specified in their individual national lists in the annex No.1 and 2 to this Minute.
      37. The member states shall terminate application of measures, specified in their individual national lists in the annexes No.1 and 2 to this Minute, in relation of those sectors of financial services, in which the conditions of harmonization of the legislation and mutual recognition of licenses were executed by the member states.

ANNEX No.1   
to the Minute on
financial services

LIST
of subsectors of financial services, in which the national
regime is provided by the member states in accordance with
paragraph 4 of the Minute on financial services (annex No.17 to
Agreement on Eurasian Economic Union) and the obligations are
adopted in accordance with paragraph 10 of the Specified Minute

      Footnote. Annex No. 1 as amended by the Law of the Republic of Kazakhstan dated 24.12.2014 No. 265-V.

Sector (subsector)

Existence of restriction

Description of restriction

The ground for application of restriction (regulatory legal act)

The term of validity of restriction

I. REPUBLIC OF BELARUS

1. Insurance of risks, related with international sea transportation
international commercial air transportation
international commercial space launches
international insurance, which fully or partially covers:
international transportation of individuals
international transportation of exported (imported) cargos and transporting them transport vehicles, including responsibility, originating from this the transportation of goods by international transport
responsibility upon trans boundary transfer of individual transport vehicles only after accession to the international system of agreements and insurance certificates “Greed card”

no restrictions

-

-

-

2. Reinsurance and retrocession

no restrictions

-

-

-

3. Services of insurance agents and insurance brokers

restriction

it is not permitted the insurance mediation, related with conclusion and distribution of insurance contracts on behalf of the foreign insurers in the territory of the Republic of Belarus (except for the sectors, listed in paragraph 1 of this list, as well as except for the implementation of mediatory activity on reinsurance by the insurance brokers)

Decree of the President of the Republic of Belarus dated 25 August, 2006 No.590 “On insurance activity”


4. Auxiliary insurance services, including consultative and actuarial services, risk assessment and services on settlement of claims

no restrictions

-

-

-

II. Republic of Kazakhstan

1. Insurance of risks, related with international sea transportation
international commercial air transportation
international commercial space launches
international insurance, which fully or partially covers:
international transportation of individuals
international transportation of exported (imported) cargos and transporting them transport vehicles, including responsibility, originating from this the transportation of goods by international transport
responsibility upon trans boundary transfer of individual transport vehicles only after accession to the international system of agreements and insurance certificates “Greed card”

restriction

no restrictions, except for the case: insurance of property interests of legal entity, located in the territory of the Republic of Kazakhstan or its separate subdivision and property interests of individual, who is a resident of the Republic of Kazakhstan may be carried out only by the insurance organization – resident of the Republic of Kazakhstan. It is prohibited to make the payments and transfers of money, related with payment of insurance premiums (contributions) in favor of non-residents of the Republic of Kazakhstan, from individuals and legal entities – residents of the Republic of Kazakhstan. Compulsory insurance agreements shall be on their own holding of insurers of residents of the Republic of Kazakhstan.

The Law of the Republic of Kazakhstan dated 18 December, 2000 No.126-II “On insurance activity”

not specified

2. Reinsurance and retrocession

restriction

cumulative amount of insurance premiums, accrued to the reinsurance organizations – non-residents of the Republic of Kazakhstan on the existing agreements of reinsurance, after deduction of commission remunerations, accrued to reception from them by reinsurer (assignor), not exceed 60% (from the date of entering to WTO – 85%) from the cumulative amount of insurance premiums, accrued to reception on the existing insurance agreements (reinsurance). Compulsory insurance agreements shall be on their own holding of insurers or transferred for reinsurance to the reinsurers - residents of the Republic of Kazakhstan.

Provision of the Agency of the Republic of Kazakhstan on regulation and supervision of financial market and financial organizations dated 22 August, 2008 No.131 “On approval of instruction on standard values and method of calculations of prudential standards of insurance (reinsurance) organization, forms and terms of presentation of reports on execution of prudential standards”


not specified

3. Services of insurance agents and insurance brokers

restriction

no restrictions, except for the following case: mediatory activity on conclusion of insurance agreement on behalf of the insurance organization – nonresident of the Republic of Kazakhstan, except for the insurance agreement of civil responsibility of owners of motor vehicles, driving outside of the Republic of Kazakhstan, shall not be allowed in the territory of the Republic of Kazakhstan, unless otherwise provided by international treaties, ratified by the Republic of Kazakhstan

The Law of the Republic of Kazakhstan dated 18 December, 2000 No.126-II “On insurance activity”

not specified

4. Auxiliary insurance services, including consultative and actuarial services, risk assessment and services on settlement of claims

no restrictions

-

-

-

III. RUSSIAN FEDERATION

1. Insurance of risks, related with international sea transportation
international commercial air transportation
international commercial space launches
international insurance, which fully or partially covers:
international transportation of individuals
international transportation of exported (imported) cargos and transporting them transport vehicles, including responsibility, originating from this the transportation of goods by international transport
responsibility upon trans boundary transfer of individual transport vehicles only after accession to the international system of agreements and insurance certificates “Greed card”

no restrictions

-

-

-

2. Reinsurance and retrocession

no restrictions

-

-

-

3. Services of insurance agents and insurance brokers

restriction

it is not permitted the insurance mediation, related with conclusion and distribution of insurance contracts on behalf of the foreign insurers in the territory of the Russian Federation (except for the sectors, listed in paragraph 1 of this list)

The Law of the Russian Federation dated 27 November, 1992 No.4015-I “On organization of insurance case in the Russian Federation”


4. Auxiliary insurance services, including consultative and actuarial services, risk assessment and services on settlement of claims

no restrictions

-

-

-

IV. REPUBLIC OF ARMENIA

1. Insurance of risks, related with international sea transportation
international commercial air transportation
international commercial space launches
international insurance, which fully or partially covers:
international transportation of individuals
international transportation of exported (imported) cargos and transporting them transport vehicles, including responsibility, originating from this the transportation of goods by international transport
responsibility upon trans boundary transfer of individual transport vehicles only after accession to the international system of agreements and insurance certificates “Greed card”

no restrictions

-

-

-

2. Reinsurance and retrocession

no restrictions

-

-

-

3. Services of insurance agents and insurance brokers

restriction

-

-

-

4. Auxiliary insurance services, including consultative and actuarial services, risk assessment and services on settlement of claims

no restrictions

-

-

-

ANNEX No. 2     
to the Minute   
on financial services

The list
of restrictions in relation of establishment and (or)
activity, retained by the member states

      Footnote. Annex No. 2 as amended by the Law of the Republic of Kazakhstan dated 24.12.2014 No. 265-V.

Existence of restriction

Description of restriction

The ground for application of restriction (regulatory legal act)

The term of validity of restriction

I. REPUBLIC OF BELARUS

1. Restriction on paragraphs 6 and 11 of the Minute on financial services (annex No.17 to Agreement on Eurasian Economic Union) (hereinafter – annex No.17)

in the case if the quota of foreign investors in the charter funds of insurance organizations of the Republic of Belarus exceeds 30%, the Ministry of Finance of the Republic of Belarus shall terminate registration of insurance organizations with foreign investments and (or) issuance of the licenses for carrying out of insurance activity to these organizations of licenses
the insurance organization shall be obliged to obtain the prior permission of the Ministry of Finance of the Republic of Belarus to increase the amount of its charter fund at the expense of the means of foreign investors and (or) insurance organizations, that are the subsidiary (dependent) economic societies in relation to these foreign investors for alienation of shares in its charter fund (stocks), constituting 5% and more of the charter fund of insurance organization, for alienation of shares in its charter fund (stocks) in favor of foreign investors and (or) insurance organizations, that are the subsidiary (dependent) economic societies in relation to these foreign investors. Belarusian participants of insurance organizations of the Republic of Belarus shall be obliged to obtain the prior permission of the Ministry of Finance for alienation of their shares in the charter funds (stocks) in the ownership (economic management, operational management) of foreign investors and (or) insurance organizations, that are the subsidiary (dependent) economic societies in relation to these foreign investors. It shall be refused in the prior permission in the following cases:
the quota of participation of foreign capital in the charter funds of insurance organizations of the Republic of Belarus exceeds upon commission of specified actions
a legal entity to which the insurer, participant of insurer intends to carry out alienation of their shares in the charter fund (stocks) shall carry out an activity at least 3 years and shall not have the profit at the results of carrying out of its activity in the last 3 years
there is a need to ensure the national security of the Republic of Belarus (as well as in the economic scope), protection of interests of the national insurance organizations
the insurance organizations, that are the subsidiary (dependent) economic societies in relation to the foreign investors and (or) having a share of the foreign investors in their charter funds more than 49% may create the separate subdivisions in the territory of the Republic of Belarus, as well as be the founders (participants) of other insurance organizations after obtainment of prior permission of the Ministry of Finance of the Republic of Belarus. It shall be refused in the prior permission, if the quota of participation of the foreign capital in the charter funds of insurance organizations of the Republic of Belarus is exceeded
insurance organizations that are the subsidiary or dependent economic societies in relation to the foreign investors may not carry out the life insurance in the Republic of Belarus (except for the conclusion of agreements of life insurance with individuals), compulsory insurance (as well as compulsory state insurance), property insurance, related to the implementation of supplies, rendering of services or execution of works for the state needs, as well as insurance of property interests of the Republic of Belarus and its administrative and territorial units.
Payment of shares in the charter funds (stocks) of insurance organizations and insurance brokers by the foreign investors shall be executed exclusively by the monetary means

Decree of the President of the Republic of Belarus dated 25 August, 2006 No.530 “On insurance activity, Resolution of the Council of Ministers of the Republic of Belarus dated 11 September, 2006 No.1174 “On establishment of quota of foreign investors in the charter funds of insurance organizations of the Republic of Belarus” Decree of the President of the Republic of Belarus dated 25 August, 2006 No.530 “On insurance activity” Decree of the President of the Republic of Belarus dated 25 August, 2006 No.530 “On insurance activity” Decree of the President of the Republic of Belarus dated 25 August, 2006 No.530 “On insurance activity”

not specified

2. Restriction on paragraphs 6 and 11 of annex No.17

the insurance agents, insurance brokers may be only the Belarussian persons

Decree of the President of the Republic of Belarus dated 25 August, 2006 No.530 “On insurance activity”

not specified

3. Restriction on paragraphs 6 and 11 of annex No.17

participation of foreign capital in the banking system of the Republic of Belarus is limited to 50%.
Creation of credit organizations with the foreign investments requires obtainment of prior permission of the National bank of the Republic of Belarus. National bank of the Republic of Belarus shall terminate the state registration of banks with the foreign investments upon achievement of established amount (quota) of participation of the foreign capital in the banking system of the Republic of Belarus.
National bank of the Republic of Belarus shall have a right to take any measures for observance of this restriction. The level of the use of quota of participation of the foreign capital in the banking system of the Republic of Belarus, as well as financial provision and business standing of founders - non-residents shall be considered upon consideration of issue on issuance of permit.

The Banking Code of the Republic of Belarus dated 25 October, 2000 No.441-3, Resolution of the Management Board of the National bank of the Republic of Belarus dated 1 September, 2008 No.129 “On the amount (quota) of participation of the foreign capital in the banking system of the republic of Belarus”

not specified

4. Restriction on paragraphs 6 and 11 of annex No.17

a license for carrying out of activity in the scope of financial services in the Republic of Belarus is issued to the legal entities of the Republic of Belarus, created in the organizational and legal form, established by the legislation of the Republic of Belarus

The Banking Code of the Republic of Belarus dated 25 October, 2000 No.441-3

not specified

5. Restriction on paragraphs 6 and 11 of annex No.17

functions of the head, its assistants, general accountant of insurance organization may be executed only by the citizens of the Republic of Belarus, as well as foreign citizens and persons without citizenship, permanently residing in the Republic of Belarus, and only on the grounds of labour agreements

Decree of the President of the Republic of Belarus dated 25 August, 2006 No.530 “On insurance activity”

not specified

6. Restriction on paragraphs 6 and 11 of annex No.17

an activity, for carrying out of which requires the license may be carried out only by the legal entities of the Republic of Belarus or individual entrepreneurs, registered in the established procedure in the Republic of Belarus. Types of activity, subjected to licensing shall be determined in accordance with the legislation of the Republic of Belarus

Decree of the President of the Republic of Belarus dated 2 September, 2010 No.450 “Provision on licensing of separate types of activity”

not specified

II. REPUBLIC OF KAZAKHSTAN

1. Restriction on paragraphs 6 and 11 of annex No.17

a share of the authorized body in the capital of organizers of trading may consist more than 50% from the total amount of the voting stocks of organizer of trading

The Law of the Republic of Kazakhstan dated 2 July, 2003 No.461-II “On the securities market”

not specified

2. Restriction on paragraphs 6 and 11 of annex No.17

an activity, for carrying out of which requires the license may be carried out only by the legal entities or individual entrepreneurs of the Republic of Kazakhstan. Types of activity, subjected to licensing of the Republic of Kazakhstan shall be determined in accordance with the legislation of the Republic of Kazakhstan

The Law of the Republic of Kazakhstan dated 11 January, 2007 No.214-III “On licensing”

not specified

3. Restriction on paragraphs 6 and 11 of annex No.17

the banks are created in the form of joint stock companies

The Law of the Republic of Kazakhstan dated 31 August, 1995 No.2444 “On banks and banking activity in the Republic of Kazakhstan”

not specified

4. Restriction on paragraphs 6 and 11 of annex No.17

opening of branches of banks – non-residents in the Republic of Kazakhstan shall be prohibited

The Law of the Republic of Kazakhstan dated 31 August, 1995 No.2444 “On banks and banking activity in the Republic of Kazakhstan”

not specified

5. Restriction on paragraphs 6 and 11 of annex No.17

insurance (reinsurance) organization shall be established in the form of joint stock company

The Law of the Republic of Kazakhstan dated 18 December, 2000 No.126-II “On insurance activity”

not specified

6. Restriction on paragraphs 6 and 11 of annex No.17

opening of branches of insurance organizations – non-residents in the Republic of Kazakhstan shall be prohibited

The Law of the Republic of Kazakhstan dated 18 December, 2000 No.126-II “On insurance activity”

not specified

7. Restriction on paragraphs 6 and 11 of annex No.17

organizational and legal form of insurance broker is the private limited liability company or joint stock company

Republic of Kazakhstan dated 18 December, 2000 No.126-II “On insurance activity”

not specified

8. Restriction on paragraphs 6 and 11 of annex No.17

voluntary pension savings fund is created in the form of joint stock company

The Law of the Republic of Kazakhstan dated 21 June, 2013 No.105-V “On pension provision in the Republic of Kazakhstan”

not specified

9. Restriction on paragraphs 6 and 11 of annex No.17

opening of branches and representatives of pension savings funds – non-residents of the Republic of Kazakhstan in the Republic of Kazakhstan shall be prohibited

The Law of the Republic of Kazakhstan dated 21 June, 2013 No.105-V “On pension provision in the Republic of Kazakhstan”

not specified

10. Restriction on paragraphs 6 and 11 of annex No.17

central depositary is the only organization in the territory of the Republic of Kazakhstan, carrying out the depositary activity. Central depositary is created in the form of joint stock company

The Law of the Republic of Kazakhstan dated 2 July, 2003 No.461-II “On the securities market”

not specified

11. Restriction on paragraphs 6 and 11 of annex No.17

professional participant of the securities market – a legal entity, created in the organizational and legal form of the joint stock company (except for the transfer-agent)

The Law of the Republic of Kazakhstan dated 2 July, 2003 No.461-II “On the securities market”

not specified

12. Restriction on paragraphs 6 and 11 of annex No.17

stock exchange – a legal entity, created in the organizational and legal form of the joint stock company

The Law of the Republic of Kazakhstan dated 2 July, 2003 No.461-II “On the securities market”

not specified

13. Restriction on paragraphs 6 and 11 of annex No.17

the banking holding – non-resident of the Republic of Kazakhstan, directly owns 25% or more of the outstanding (after deduction of privileged and reacquired by the bank) stocks of the bank or having the opportunity to vote directly 25% or more of voting stocks of the bank may only be a financial organization – non-resident of the Republic of Kazakhstan, subjected to the consolidated supervision in the country of its location

The Law of the Republic of Kazakhstan dated 31 August, 1995 No.2444 “On banks and banking activity in the Republic of Kazakhstan”

not specified

14. Restriction on paragraphs 6 and 11 of annex No.17

unified pension savings fund is the only organization in the territory of the Republic of Kazakhstan, carrying out activity on attraction of compulsory pension contributions, compulsory professional pension contributions

The Law of the Republic of Kazakhstan dated 21 June, 2013 No.105-V “On pension provision in the Republic of Kazakhstan”

not specified

15. Restriction on paragraphs 6 and 11 of annex No.17

unified register is the only organization in the territory of the republic of Kazakhstan, carrying out activity on maintenance of the system of registers of securities holders

The Law of the Republic of Kazakhstan dated 2 July, 2003 No.461-II “On the securities market”

not specified

16. Restriction on paragraphs 6 and 11 of annex No.17

the insurance holding – non-resident of the Republic of Kazakhstan, directly owns 25% or more of the outstanding (after deduction of privileged and reacquired by the insurance (reinsurance) organization) stocks of the insurance (reinsurance) organization or having the opportunity to vote directly 25% or more of voting stocks of the insurance (reinsurance) organization may only be a financial organization

The Law of the Republic of Kazakhstan dated 18 December, 2000 No.126-II “On insurance activity”

not specified

17. Restriction on paragraphs 6 and 11 of annex No.17

the Guarantee Fund of insurance payments is the only organization in the territory of the Republic of Kazakhstan, guaranteeing implementation of insurance payments to the insurant (insured persons, beneficiaries) upon compulsory liquidation of insurance organization on agreements of compulsory insurance

The Law of the Republic of Kazakhstan dated 3 June, 2003 No.423-II “On the Guarantee Fund of insurance payments”

not specified

18. Restriction on paragraphs 6 and 11 of annex No.17

organization, carrying out the compulsory guarantee of deposits is the non-commercial organization, created in the organizational and legal form of the joint stock company. The founder (the only stockholder of organization) carrying out the compulsory guarantee of deposits is the authorized body

The Law of the Republic of Kazakhstan dated 7 July, 2006 No.169-III “On compulsory guarantee of deposits, placed in the second-tier banks of the Republic of Kazakhstan”

not specified

19. Restriction on paragraphs 6 and 11 of annex No.17

the credit bureau with the state participation is the only specialized non-commercial organization, created in the organizational and legal form of the joint stock company, in which the suppliers provide information, necessary for formation of the credit histories in a mandatory manner

The Law of the Republic of Kazakhstan dated 6 July, 2004 No.573-II “On credit bureaus and formation of credit histories in the Republic of Kazakhstan”

not specified

20. Restriction on paragraphs 6 and 11 of annex No.17

non-commercial organization, created in the organizational and legal form of the joint stock company with the share of participation of the state shall carry out formation and maintenance of the data base by insurance agreements

The Law of the Republic of Kazakhstan dated 18 December, 2000 No.126-II “On insurance activity”

not specified

III. RUSSIAN FEDERATION

1. Restriction on paragraphs 6 and 11 (annex No.17)

insurance organizations that are the subsidiary companies in relation to the foreign investors (basic organizations) or having a share of the foreign investors in its charter capital more than 49% may not maintain insurance of life, health and property of citizens in the Russian Federation at the expense of the funds, allocated for these purposes from the relevant budget by the federal executive body (insurant), insurance, related with implementation of the procurement of goods, works, services for provision of the state and municipal needs, as well as insurance of property interests of the state organizations and municipal organizations.
Insurance organizations that is a subsidiary company in relation to the foreign investors (basic organizations) or having a share of the foreign investors in its charter capital more than 51% may not maintain insurance of the property interests, related with survival of citizens to a certain age or the term or occurrence of certain events in the life of the citizens, as well as their death, and compulsory insurance of civil responsibility of vehicle owners in the Russian Federation.
Insurance organization that is a subsidiary company in relation to the foreign investors (basic organizations) or having a share of the foreign investors in its charter capital more than 49% shall have a right to carry out insurance activity in the Russian Federation, if the foreign investor (basic organization) is the insurance organization, carrying out its activity in accordance with the legislation of the relevant state not less than 5 years.
The limit of amount (quota) of participation of the foreign capital in the charter capitals of insurance organizations, which is equal to 50% is established by the legislation of the Russian Federation.
Information on the amount (quota) of participation of the foreign capital of insurance organizations, on introduction or termination of restrictions for the foreign investments, provided by the fifth and seventh items of this paragraph shall subject to publication in the manner established by the legislation of the Russian Federation.
In the case if the amount (quota) of participation of the foreign capital in the charter capitals of insurance organizations exceeds 50%, the insurance supervision body shall terminate the issuance of licenses for carrying out of insurance activity to the insurance organizations that are the subsidiary companies in relation to the foreign investors (basic organizations) or having a share of the foreign investors in its charter capital more than 49%.
Insurance organization shall be obliged to obtain a prior permission of the insurance supervision body to increase the amount of its charter capital at the expense of funds of foreign investors and (or) their subsidiary companies, for alienation in favor of foreign investors (including sales to the foreign investors) of their stocks (share in the charter capital), and Russian stockholders (participants) shall be obliged to obtain a prior permission of the insurance supervision body for alienation of their stocks (share in the charter capital) of insurance organization in favor of the foreign investors and (or) their subsidiary companies.
If the established amount (quota) of participation of the foreign capital in the charter capitals of insurance organizations is exceeded, the insurance supervision body shall refuse in the prior permission to the insurance organizations, that are the subsidiary companies in relation to the foreign investors (basic organizations) or having a share of foreign investors in its charter capital more than 49% or becoming so according to the result of the specified transactions.
Payment of their stocks (share in the charter capitals) of insurance organizations by the foreign investors shall be executed exclusively in monetary form in the currency of the Russian Federation. Despite of provisions of this paragraph, the insurance organizations, received the licenses for carrying out of insurance activity before accession of the Russia to the WTO may continue to carry out this activity in accordance with conditions, on which a license was issued

The Federal Law dated 27 November, 1992 No.4015-I “On organization of insurance business in the Russian Federation”

not specified

2. Restriction on paragraphs 6 and 11 of annex No.17

only the citizens of the Russian Federation may be the insurance agents, insurance brokers (this restriction shall not be distributed to the insurance agents – individuals, not registered as individual entrepreneurs)

The Federal Law dated 27 November, 1992 No.4015-I “On organization of insurance business in the Russian Federation”

not specified

3. Restriction on paragraphs 6 and 11 of annex No.17

participation of the foreign capital in the banking system of the Russian Federation is limited to 50%.
For the purposes of control of quota of foreign participation in the banking system of the Russian Federation the prior permission of the Central bank is required to:
creation of credit organization with the foreign participation, including subsidiary and dependent companies
increase the charter capital of credit organization at the expense of the funds of non-resident (non-residents) alienation of stocks (shares) of credit organization in favor of non-residents

International obligations of the Russian Federation, concerning the services and resulting from the Minute dated 16 December, 2011 on accession of the Russian Federation to the Marrakesh Accords on establishment of the world trade organization dated 15 April, 1994

not specified

4. Restriction on paragraphs 6 and 11 of annex No.17

a license for carrying out of activity in the scope of financial services in the Russian Federation shall be issued to the legal entities of the Russian Federation, created in the organizational and legal form, established by the legislation of the Russian Federation

The Federal Law dated 1 December 1990 No. 395-I “On banks and banking activity”, the Federal Law dated 22 April, 1996 No. 39-ФЗ “On securities market”, the Federal Law dated 27 November, 1992 No. 4015-I “On organization of insurance business in the Russian Federation”, the Federal Law dated 7 February, 2011 No. 7-ФЗ “On clearing and clearing activity”, the Federal Law dated 21 November, 2011 No. 325-ФЗ “On organized trading”, the Federal Law dated 7 May, 1998 No. 75-ФЗ “On the non-state pension funds”, the Federal Law dated 29 November, 2001 No. 156-ФЗ “On investment funds”, the Federal Law dated 14 March, 2013 No.29-ФЗ “On making amendments to the separate legislative acts of the Russian Federation”

not specified

5. Restriction on paragraphs 6 and 11 of annex No.17

in relation of credit organizations with the foreign investments there are the restrictions in the following cases:
if a person, exercising the functions of individual executive body of the Russian credit organization is the foreign citizen or person without citizenship, collegial executive body of such credit organization shall be formed from the citizens of the Russian Federation not less than for 50%.
The number of employees that are the citizens of the Russian Federation shall consist not less than 75% from the total number of employees of the Russian credit organization with the foreign investments

The Order of Bank of Russia dated 23 April, 1997 No. 02-195 “On introduction into effect of Provision “On features of registration of credit organizations with the foreign investments and on order of reception of a prior permission of the Bank of Russia to increase the charter capital, registered by the credit organization at the expense of the funds of non-residents”

not specified

6. Restriction on paragraphs 6 and 11 of annex No.17

the number of foreign personnel of the representatives of the foreign credit organization, as a rule, shall not exceed 2 people. In the case if the representation is required more accredited employees, the need for this shall be justified in written application in the name of the Chairman of the Bank of Russian on the basis of which the decision is adopted

the Order of the Bank of the Russia dated 7 October, 1997 No.02-437 “On procedure of opening and activity in the Russian Federation of the representations of the foreign credit organizations”

not specified

7. Restriction on paragraphs 6 and 11 of annex No.17

the heads (as well as individual executive body) and general accountant of the subject of Russian insurance business (legal entity) shall permanently reside in the territory of the Russian Federation

The Law of the Russian Federation dated 27 November, 1992 No. 4015-I “On organization of insurance business in the Russian Federation”

until 1 January, 2015

8. Restriction on paragraphs 6 and 11 of annex No.17

an activity, for carrying out of which requires a license may be carried out only by the legal entities of the Russian Federation or individual entrepreneurs, registered in the established procedure in the Russian Federation. Types of activity, subjected to licensing shall be determined in accordance with the legislation of the Russian Federation

The Federal Law dated 4 May, 2011 No.99-ФЗ “On licensing of separate types of activity” (and legislation, regulating the types of activity, listed in paragraph 2 of Article 1 of the specified Federal Law), the Federal Law dated 1 December, 1990 No.395-I “On banks and banking activity”

not specified

9. Restriction on paragraphs 6 and 11 of annex No.17

a share of each stockholder (related group of persons) in the charter capital of organizer of trading may not exceed 10%, except for the cases, when the stockholder (related group of persons) is the authorized body or infrastructure organizations of financial market of the Russian Federation, including to the one holding group

-

not specified

10. Restriction on paragraphs 6 and 11 of annex No.17

maintenance of insurance histories in the Russian Federation shall be carried out by the only organization, approved and carrying out activity in accordance with the legislation of the Russian Federation

-

not specified

11. Restriction on paragraphs 6 and 11 of annex No.17

organization, received a status of the central depository is the only organization in the territory of the Russian Federation, exercising functions of the central depository

central depositary is created in the form of the joint stock company

The Federal Law dated 7 December, 2011 No. 414-ФЗ “On central depository”

not specified

IV. REPUBLIC OF ARMENIA

1. Restriction on paragraphs 6 and 11 of annex No.17

in the territory of the Republic of Armenia the financial services may be provided by the financial organizations and (or) their branches, licensed and registered in the Republic of Armenia and approved in the organizational and legal form, established by the legislation of the Republic of Armenia, except for the insurance agents, which are recorded and registered in accordance with the legislation of the Republic of Armenia

The Law of the Republic of Armenia “On insurance and insurance activity” dated 9 April, 2007
No. ЗР-177-Н
(Articles 8 and 87), the Law of the Republic of Armenia “On securities” dated 11 October, 2007
No. ЗР-195-Н
(Articles 28, 103 and 175), the Law of the Republic of Armenia “On investment funds” dated 22 December, 2010 No. ЗР-245-Н (Article 52), the Law of the Republic of Armenia “On banks and banking activity” dated 30 June, 1996 No. ЗР-68 (Article 12)

not specified

2. Restriction on paragraphs 6 of annex No.17

foreign bank, foreign insurance company, foreign investment company and foreign investment fund manager may establish a branch in the territory of the Republic of Armenia by licensing and registration of a branch by the Central bank of the Republic of Armenia

The Law of the Republic of Armenia “On banks and banking activity” dated 30 June, 1996 No. ЗР-68 (Article 14), the Law of the Republic of Armenia “On insurance and insurance activity” dated 9 April, 2007 No. ЗР-177-Н (Article 47), the Law of the Republic of Armenia “On securities market” dated 11 October, 2007 No.ЗР-195-Н (Article 43), the Law of the Republic of Armenia “On investment funds” dated 22 December, 2010 No. ЗР-245-Н
(Article 54), provisions of the Central bank of the Republic of Armenia 1 (dated 12 April, 2005
No. 145-Н), 3/01
(dated 30 October, 2007 No. 344-Н), 4/01
(dated 15 January, 2008 No. 16-Н)

not specified

3. Restriction on paragraphs 6 of annex No.17

a permission for management of compulsory pension fund may be given to the manager, created in the territory of the Republic of Armenia, which has at least 1 of such participant (stockholder), which is the international financial organization or foreign authoritative organization, specialized in management of pension funds (as well as the same investment funds). Upon that the international financial organization (organizations) and (or) foreign authoritative organization (organizations) shall have more than 50% of share, giving the right to vote in the charter capital of manager of the compulsory pension fund, created in the territory of the Republic of Armenia, and this organization (organizations) shall have a right to vote during determination of strategy of manager of compulsory pension fund, as well as formation of the executive body and system of internal control of manager

Provision 10/01 of the Central bank of the Republic of Armenia
(dated 2 May, 2011 No. 116-Н) (paragraph 33)

not specified

4. Restriction on paragraphs 6 of annex No.17

investment companies, branches of the foreign investment companies and banks, licensed and registered in the territory of the republic of Armenia may act in the name of custodian of securities. Only the bank (licensed and registered in the territory of the Republic of Armenia) may act in the name of custodian of securities of investment funds.

the Law of the Republic of Armenia “On securities market” dated 11 October, 2007 No. ЗР-195-Н (Article 27), the Law of the Republic of Armenia “On investment funds” dated 22 December 2010 No. ЗР-245-Н (Article 86)

not specified

5. Restriction on paragraphs 6 of annex No.17

operator of regulated market (exchange) and Central depository may be established only in the form of joint stock company

the Law of the Republic of Armenia “On securities” dated 11 October, 2007 No. ЗР-195-Н
(Articles 103 and 175)

not specified

6. Restriction on paragraphs 6 of annex No.17

organization, received a status of the Central depository in accordance with the legislation of the Republic of Armenia is the only organization in the territory of the Republic of Armenia, exercising functions of the central depository in accordance with the legislation of the Republic of Armenia

The Law of the Republic of Armenia “On securities market”
dated 11 October, 2007 No. ЗР-195-Н
(Article 175)

not specified

7. Restriction on paragraphs 6 of annex No.17

bureau of insurance companies, carrying out the compulsory liability insurance (JPJSC), resulting from the use of vehicles shall have organizational and legal form of the union of legal entities, not pursued the purposes of receiving of profit. The purpose of activity of bureau is protection of interests of injured persons and ensuring stability and development of the system JPJSC. Bureau is the only self-regulatory organization, the members of which are the insurance companies, having a right for implementation of JPJSC, and in the cases, provided by the specified Law, - also the Central bank of the Republic of Armenia in accordance with the Law of the Republic of Armenia “On compulsory liability insurance, resulting from the use of vehicles”

The Law of the Republic of Armenia “On compulsory liability insurance, resulting from the use of vehicles” dated 18 May, 20140 No. ЗР-63-Н (Articles 3 and 28)

not specified

8. Restriction on paragraphs 6 of annex No.17

organization, carrying out the compulsory guarantee of deposits is the legal entity that does not pursue the purposes of receiving of purposes and the founder of which is the Central bank of the Republic of Armenia

The Law of the Republic of Armenia “On guarantee of compensation of the bank deposits of individuals”


9. Restriction on paragraphs 6 of annex No.17

a credit bureau is the commercial specialized organization, created in the organizational and legal form of the joint stock company, which on the basis of a license, issued by the Central bank of the Republic of Armenia shall have a right to carry out activity on collection of credit information and other details necessary for it, drawing up, execution and preservation of credit histories and drawing up of credit report on their basis

the Law of the Republic of Armenia “On circulation of credit information and on activity of credit bureau” dated 22 October, 2008 No. ЗР-185-Н (Article 3)

not specified

ANNEX № 18      
to Agreement     
on Eurasian Economic Union

MINUTE
on procedure of collection of indirect taxes and mechanism
of control for their payment upon export and import
of goods, execution of works, rendering of services

I. General provisions

      1. This Minute id developed in accordance with Articles 71 and 72 of Agreement on Eurasian Economic Union and determines a procedure of collection of indirect taxes and mechanism of control for their payment upon export and import of goods, execution of works, rendering of services.
      2. The concepts used in this Minute shall have the following meanings:
      “auditing services” – services on conducting of audit of accounting, tax and financial reporting;
      “accounting services” – services on formulation, maintenance, reconstruction of accounting, preparation and (or) presentation of tax, financial and accounting reporting;
      “movable property” – things that do not relating to the immovable property, to the transport vehicles;
      “design services” – services on planning of art forms, appearance of products, building facades, interiors of premises; industrial design;
      “import of goods” – import of goods by taxpayers (payers) to the territory of one member state from the territory of another member state;
      “engineering services” - engineering-advisory services on preparation of process of production and implementation of goods (works, services), preparation of construction and operation of industrial, infrastructure, agricultural and other objects, as well as pre-project and project services (preparation of technical and economic feasibility, design and engineering development, technical tests and analysis of results of such tests);
      “component bodies” – The Ministry of Finance, Economy, tax and customs bodies of the member states;
      “consultation services” – services on provision of explanations, recommendations and other forms of consultations, including determination and (or) assessment of problems and (or) possibilities of person, on administrative, economic, financial (including tax and accounting) issues, as well as on issues of planning, organization and carrying out of entrepreneurial activity, personnel management;
      “indirect taxes” – the value added tax (hereinafter – VAT) and excises (excise tax or excise duties);
      “marketing services” – services, related with research, analysis, planning and prediction in the scope of production and circulation of goods (works, services) for the purposes of determination of measures on creation of necessary economic conditions of production and circulation of goods (works, services), including characteristic of goods (works, services), development of price strategy and advertising strategy;
      “taxpayer (payer)” - taxpayer (payer) of taxes, charges and duties of the member states (hereinafter – taxpayer);
      “research scientific works” – conducting of scientific researches, conditioned by technical specification of customer;
      “immovable property” – the land plots, subsoil plots, isolated bodies of water and all that is firmly connected to the ground, that is the objects, moving of which is impossible without disproportionate damage to their purpose, as well as forests, perennial plantings, buildings, constructions, pipelines, power transmission lines, enterprises as property complexes and space objects;
      “zero rate of VAT” – the imposition of VAT on the rate of zero percent with the right to deduct (set off) the relevant amounts of VAT;
      “development and pilot technological (technological) works” – development of a sample of a new product, design documentation for it, or new technology;
      “work” – an activity, the results of which have the material expression and may be implemented for satisfaction of needs of legal entities and (or) individuals;
      “advertising services” – services on creation, distribution and placement of information, intended for indefinite range of persons and designed to form or keep up interest to the legal entity or individual, goods, trademarks, works, services, by any means and in any form;
      “goods” - implemented or intended to implement any movable and immovable property, transport vehicles, all kinds of energy;
      “transport vehicles” - sea-going vessels and aircraft, inland water vessels, vessels of mixed “river-sea” navigation, units of railway or tramway rolling stock; autobuses; cars, including trailers and semi-trailers; cargo containers; dump trucks;
      “service” – an activity, the results of which do not have the material expression, realized and used in the process of carrying out of this activity, as well as transfer, provision of patents, licenses, trademarks, copyrights, or other rights;
      “services on processing of information” – services on implementation of collection and consolidation of information, systematization of information files (details) and provision of results of processing of this information for disposition of the user;
      “export of goods” – exportation of goods, sold by the taxpayer from the territory of one member state to the territory of another member state;
      “legal services” – services of legal nature, as well as provision of consultations and explanations, preparation and legal expertise of documents, presentation of interests of customers in the courts.

II. Procedure of application of indirect taxes
upon export of goods

      3. The zero rate of VAT and (or) exemption from excises upon presentation of documents, provided by paragraph 4 of this Minute to the taxation body shall be applied upon export of goods from the territory of one member state to the territory of another member state by the taxpayer of the member state, from the territory of which the goods are transported.
      Taxpayer shall have a right to the tax deductions (credits) in the manner, similar to the provided by the legislation of the member state, applied in relation of goods, exported from the territory of one member state outside the Union upon export of goods from the territory of one member state to the territory of another member state.
      Place of sale of goods shall be determined in accordance with the legislation of the member states, unless otherwise established by this paragraph.
      In the case of sale of goods by the taxpayer of one member state to the taxpayer of another member state, when the transfer (transportation) of goods began outside of the Union and completed in another member state, the place of sale of goods shall be the territory of the member state, in the territory of which the goods are placed under the customs procedure of release for the internal consumption.
      4. The following documents (their copies) shall be presented to the taxation body together with the tax declaration for approval of validity of application of the zero rate of VAT and (or) exemption from excises by the taxpayer of the member state, from the territory of which the goods are exported:
      1) agreements (contracts), concluded with the taxpayer of another member state or with the taxpayer of the state, that is not a member of the Union (hereinafter – agreements (contracts), on the basis of which the export of goods is carried out; in the case of leasing of goods or trade credit (commercial loan, a loan in the form of things) – agreements (contracts) of leasing, agreements (contracts) of the trade credit (commercial loan, a loan in the form of things); agreements (contracts) for production of goods; agreements (contracts) for processing of the give and take raw materials;
      2) a bank statement, approving an actual receipt of revenues from the sale of exported goods to the account of taxpayer-exporter, unless otherwise provided by the legislation of the member state.
      In the case if the payment in cash is provided by agreement (contract) and such payment does not contradict to the legislation of the member state, from the territory of which the goods are exported, the taxpayer shall present a bank statement (a copy of statement), approving the deposit of amount received by the taxpayer to its account in the bank, as well as copies of cash receipts, approving an actual receipt of revenues from the buyer of specified goods, to the taxation body, unless otherwise provided by the legislation of the member state, from the territory of which the goods are exported.
      In the case of exportation of goods on lease agreement (contract), providing the transfer of property right to them to the leaseholder, the taxpayer shall present a bank statement (copy of statement), approving an actual receipt of lease payment (in a part of compensation of original cost of goods (a subject of leasing)) to the account of taxpayer-exporter, to the taxation body, unless otherwise provided by the legislation of the member state.
      In the case of implementation of foreign trade goods countertrade (barter) operations of provision of trade credit (commercial loan, a loan in the form of things), the taxpayer-exporter shall present the documents, approving the import of goods (execution works, rendering of services), received (acquired) by them on the specified operations to the taxation body.
      The documents specified in this subparagraph shall not be presented to the taxation body, if their presentation is not provided by the legislation of the member state in relation of goods, exported from the territory of the member state outside the Union;
      3) an application on importation of goods and payment of indirect taxes, composed in the form, provided by the separate international interdepartmental agreement, with a mark of taxation body of the member state, in the territory of which the goods are imported, on payment of indirect taxes (exemption or other procedure of execution of tax liabilities) (hereinafter – application) (in hard copy in the original or in the copy at discretion of taxation bodies of the member states) or the list of applications (in hard copy or electronic form with an electronic (digital) signature of taxpayer).
      Taxpayer shall include the requisites and details to the list of applications from those applications, information of which is received to the taxation body in the form, provided by the separate international interdepartmental agreement.
      The form of the list of applications, procedure of its filling and format shall be determined by the regulatory legal acts of taxation bodies of the member states or other regulatory legal acts of the member states.
      In the case of the sale of goods, exported from the territory of one member state to the territory of another member state, and placement them under the customs procedures of free customs zone or free warehouse in the territory of another member state, a copy of customs declaration shall be presented to the taxation body instead of the application of the first member state in accordance with which such goods are placed under the customs procedures of free customs zone or free warehouse;
      4) transport (transportation) and (or) other documents, provided by the legislation of the member state, approving the transfer of goods from the territory of one member state to the territory of another member state. The specified documents shall not be presented, if execution of these documents for the separate types of transfer of goods, as well as transfer of goods without the use of transport vehicles is not provided by the legislation of the member state;
      5) other documents, approving feasibility of application of the zero rate of VAT and (or) exemption from payment of excises, provided by the legislation of the member state from the territory of which the goods are exported.
      The documents provided by this paragraph, except for the application (list of applications) shall not be presented to the taxation body, if the non-presentation of documents, approving the validity of application of the zero rate of VAT and (or) exemption from payment of excises, together with the tax declaration follows from the legislation of the member state, from the territory of which the goods of exporters.
      The documents provided by this paragraph shall not be presented with the relevant tax declaration on excises, if they were presented with the tax declaration of VAT, unless otherwise provided by the legislation of the member state.
      The documents provided by subparagraphs 1,2,4,5, the forth item of subparagraph 3 of this paragraph may be presented in the electronic form in the manner established by the regulatory legal acts of taxation bodies of the member states or other regulatory legal acts of the member states. The format of specified documents shall be determined by the taxation bodies of the member states or other regulatory legal acts of the member states.
      5. The documents provided by paragraph 4 of this Minute shall be presented to the taxation body during 180 calendar days from the date of dispatch (transfer) of goods.
      Upon non-presentation of these documents in the established term, the amounts of indirect taxes shall subject to the payment to the budget for the tax (reporting) period, on which the date of goods dispatch is occurred, or other tax (reporting) period, established by the legislation of the member state, with the right to deduct (set off) of relevant amounts of VAT according to the legislation of the member state, from the territory of which the goods are exported.
      For the purposes of calculation of VAT upon sale of goods, the date of dispatch shall be recognized the date of the first in time of drawing up of a prior accounting (accounting) document, executed to the buyer of goods (first carrier), or the date of creation of other compulsory document, provided by the legislation of the member state for the taxpayer of VAT.
      For the purposes of calculation of excises on excisable goods, produced from the own raw materials, the date of dispatch of goods shall be recognized the date of the first in time of drawing up of a prior accounting (accounting) document, executed to the buyer (receiver) of goods; on excisable goods, produced from the give and take raw materials, the date of dispatch shall be recognized the date of signing of an act of receipt and transfer of excisable goods, unless otherwise provided by the legislation of the member state, in the territory of which the excisable goods are produced.
      In the case of non-payment, incomplete payment of indirect taxes, payment of such taxes with violation of the term, established by this paragraph, the taxation body shall collect the indirect taxes and fines in the manner and amount, established by the legislation of the member state, from the territory of which the goods are exported, as well as shall apply the methods of ensuring of execution of obligations on payment of indirect taxes, fines and penalties, established by the legislation of this member state.
      In the case of presentation of documents, provided by paragraph 4 of this Minute by the taxpayer, upon expire of a term, established by this paragraph, the amounts paid of indirect taxes shall subject to deduction (set off), return in accordance with the legislation of the member state, from the territory of which the goods are exported. The amounts of fines, penalties, paid for the violation of the terms of payment of indirect taxes shall not subject to return.
      6. The volume of goods, rates of excises, having an effect on the date of dispatch of excisable goods, exported to the member states, as well as the amounts of excises shall be reflected in the relevant tax declaration on excises.
      7. The taxation body shall verify the validity of application of the zero rate of VAT and (or) exemption from the payment of excises, tax deductions (set off) on the specified taxes, as well as shall take (make) the relevant decision according to the legislation of the member state, from the territory of which the goods are exported.
      In the case of non-presentation of an application to the taxation body, the taxation body shall have a right to take (make) a decision on approval of validity of application of the zero rate of VAT and (or) exemption from payment of excises, tax deductions (set off) on the specified taxes in relation of operation on the sale of goods, exported from the territory of one member state to the territory of another member state, in the existence in the taxation body of one member state of approval of the fact of the payment of indirect taxes in full amount (exemption from the payment of indirect taxes) in the electronic form from the taxation body of another member state.
      8. If the details on transfer of goods and payment of indirect taxes, presented by the tax payer do not correspond to the data, received within the exchange of information, established between the taxation bodies of the member states, the taxation body shall collect the indirect taxes and fines in the manner and amount, provided by the legislation of the member state, from the territory of which the goods are exported, as well as shall apply the methods on ensuring of execution of obligations on payment of indirect taxes, fines and penalties, established by the legislation of this member state.
      9. Provisions of this section in a part of VAT shall be also applied in relation of goods, being the result of execution of works on agreements (contracts) on their production, exported from the territory of the member state, in the territory of which the works are executed on their production, to the territory of another member state. The goods that are the results of execution of works on processing of give and take raw materials shall not be related to the specified goods.
      10. Taxation base for the imposition of excises of goods that are the result of execution of works on agreement (contract) on processing of give and take raw materials shall be determined as the volume, number (other indicators) of excisable goods, produced from the give and take raw materials, in natural units, in relation of which the fixed (specific) rates of excises are established, or as the cost of excisable goods, produced from the give and take raw materials in relation of which the ad valorem excise rates are established.
      11. Taxation base on VAT upon export of goods upon changing it in the direction of increase (reduction) due to the increase (reduction) of price of goods sold or reduction of the number (volume) of goods sold in connection with their return due to the inadequate quality and (or) equipment shall be corrected in the tax (report) period, in which the participants of agreement (contract) are changed the price (discussed a return) of exported goods, unless otherwise provided by the legislation of the member state.
      Upon export of goods (leasing subjects) from the territory of one member state to the territory of another member state on lease agreement (contract), providing the transfer of a right of ownership to them to the lessee, on agreement (contract) of the trade credit (commercial loan, a loan in the form of things) on agreement (contract) of production of goods shall be applied the zero rate of VAT and (or) exemption from the payment of excises (if such operation subjects to imposition of excises in accordance with the legislation of the member state) upon presentation of documents, provided by paragraph 4 of this Minute to the taxation body.
      The tax base on VAT upon export of goods (leasing subjects) from the territory of one member state to the territory of another member state on lease agreement (contract), providing the transfer of a right of ownership to them to the lessee shall be determined on the date, provided by lease agreement (contract) for the payment of each lease payment, in the amount of the original cost of goods (leasing subjects), corresponding to each lease payment.
      The tax deductions (set off) shall be made in the manner provided by the legislation of the member state, in a part, corresponding to the cost of goods (leasing subjects) on each lease payment.
      The tax base on VAT upon export of goods from the territory of one member state to the territory of another member state on lease agreement (contract) of the trade credit (commercial loan, a loan in the form of things) shall be the cost of transferred (provided) goods, provided by agreement (contract), in the absence of the cost in the agreement (contract) – the cost, specified in the transportation documents, in the absence of the cost in the agreement (contract) and transportation documents – the cost of goods, reflected in the account.
      12. The legislation of the member state regulating the principles of determination of a price for the purposes of taxation may be applied for ensuring of completeness of the payment of indirect taxes.

III. Procedure of collection of indirect taxes
upon import of goods

      13. Collection of indirect taxes on goods, imported to the territory of one member state from the territory of another member state (except for the case, established by paragraph 27 of this Minute and (or) placement of imported goods under the customs procedure of free customs zone or free warehouse) shall be carried out by the taxation body of the member state, to the territory of which the goods are imported, on place of registration of taxpayer – owners of goods, including the taxpayers, applied the special regimes of taxation, as well as in recognition of features, provided by paragraphs 13.1 – 13.5 of this Minute.
      For the purposes of this section the owner of goods shall be recognized the person who has a property right of goods or to whom the transfer of the property right of goods is provided by agreement (contract).
      13.1. If the goods are purchased on the basis of agreement (contract) between the taxpayer of one member state and taxpayer of another member state, the payment of indirect taxes shall be made by the taxpayer of the member state, to the territory of which the goods are imported, - by the owner of goods, or, if it is provided by the legislation of the member state, - by commissioner, attorney or agent.
      13.2. If the goods are purchased on the basis of agreement (contract) between the taxpayer of one member state and taxpayer of another member state and upon that the goods are imported from the territory of the third member state, the indirect taxes shall be paid by the taxpayer of the member state, in the territory of which the goods are imported – by the owner of goods.
      13.3. If the goods are sold by the taxpayer of one member state through the commissioner, attorney or agent to the taxpayer of another member state and imported from the territory of the first or third member state, the payment of indirect taxes shall be made by the taxpayer of the member state, to the territory of which the goods are imported, - by the owner of goods or, if it is provided by the legislation of the member state, - by the commissioner, attorney or agent.
      13.4. If the taxpayer of one member state purchases the goods, previously imported to the territory of this member state by the taxpayer of another member state, the indirect taxes on which they were paid, the payment of indirect taxes shall be made by the taxpayer of the member state, to the territory of which the goods are imported, - by the owner of goods or, if it is provided by the legislation of the member state, by the commissioner, attorney or agent (in the case, if the goods are sold by the taxpayer of another member state through the commissioner, attorney or agent).
      If the taxpayer of one member state purchases the goods, previously imported to the territory of this member state by the commissioner, attorney or agent (taxpayer of this member state) by agreement (contract) of commission, order or agency agreement (contract) with the taxpayer of another member state, the indirect taxes on which are not paid, the payment of indirect taxes shall be made by the taxpayer of the member state, to the territory of which the goods are imported, - by the owner of goods or, if it is provided by the legislation of the member state, - by the commissioner, attorney or agent, imported the goods.
      13.5. If the goods are purchased on the basis of agreement (contract) between the taxpayer of the member state and taxpayer of the state, that is not a member of the Union, and upon that the goods are imported from the territory of another member state, the indirect taxes shall be paid by the taxpayer of the member state, to the territory of which the goods are imported, - by the owner of goods or, if it is provided by the legislation of the member state, - by the commissioner, attorney or agent (in the case if the goods are sold through the commissioner, attorney or agent).
      14. For the purposes of payment of VAT, the tax base shall be determined on the date of making registration of imported goods of the taxpayer (but not later than the term, established by the legislation of the member state, to the territory of which the goods are imported) on the basis of the cost of purchased goods (as well as the goods that are the result of execution of works on agreement (contract) on their production), as well as the goods, received by agreement (contract) of the trade credit (commercial loan, a loan in the form of things), the goods that are the product of processing of give and take raw materials, and excises, subjected to the payment on excisable goods.
      The cost of the purchased goods, as well as the goods that are the result of execution of works on agreement (contract) on their production shall be the price of transaction, payable for suppliers for the goods (works, services) according to the conditions of agreement (contract).
      The cost of the goods, received on the countertrade (barter) agreement (contract), as well as agreement (contract) of the trade credit (commercial loan, a loan in the form of things) shall be the cost of goods, provided by agreement (contract), in the absence of the cost in the agreement (contract) – the cost, specified in the transportation documents, in the absence of the cost in the agreement (contract) and transportation documents – the cost of goods, reflected in the account.
      For the purposes of determination of the tax base, the cost of goods, (as well as the goods, that are the result of execution of works on agreement (contract) on their production), expressed in the foreign currency shall be translated to the national currency at the exchange rate of the national (central) bank of the member state on the date of reception of goods to the account.
      Upon import of products of processing of give and take raw materials to the territory of one member state from the territory of another member state, the tax base shall be determined as the cost of executed works on processing of give and take raw materials and excises, payable on excisable products of processing. Upon that the cost of executed works on processing of give and take raw materials, expressed in the foreign currency shall be translated to the national currency at the exchange rate of the national (central) bank of the member state on the date of reception of products of processing to the account.
      15. Upon importation of goods (leasing subjects) to the territory of one member state from the territory of another member state on lease agreement (contract), providing the transfer of the property right to them to the lessee, the tax base shall be determined in the amount of the cost of goods (leasing subjects), provided on the date of its payment by lease agreement (contract) (irrespective of the actual amount and the date of payment). The lease payment in the foreign currency shall be translated to the national currency at the exchange rate of the national (central) bank of the member state on the date, corresponding to the time (date) of determination of the tax base.
      16. The tax base for imposition of excises shall be the volume, number (other indicators) of imported excisable goods, as well as the goods that are the product of processing of give and take raw materials, in natural units, in relation of which the fixed (specific) rates of excises are established, or the cost of imported excisable goods, as well as the goods that are the product of processing of give and take raw materials, in relation of which the ad valorem excise rates are established.
      The tax base for calculation of excises shall be determined on the date of reception of imported excisable goods to the account by the taxpayer, as well as the goods that are the product of processing of give and take raw materials (but not later than the term, established by the legislation of the member state, to the territory of which the excisable goods are imported).
      17. The amounts of the indirect taxes, payable on the goods, imported to the territory of one member state from the territory of another member state shall be calculated by the taxpayer on the tax rates, established by the legislation of the member state, to the territory of which the goods are imported.
      18. The legislation of the member state regulating the principles of determination of a price for the purposes of taxation may be applied for ensuring of completeness of the payment of indirect taxes.
      19. The indirect taxes, except for the excises on marked excisable goods shall be paid not later than the 20th day of the month, following the month of:
      record of imported goods;
      the term of payment, provided by the lease agreement (contract).
      The payment of excises on marked excisable goods shall be made in the term, established by the legislation of the member state.
      20. The taxpayer shall be obliged to present the relevant tax declaration on the form, established by the legislation of the member state, or in the form, approved by the competent body of the member state, to the territory of which the goods are imported, as well as on lease agreement (contract) to the taxation body, not later than the 20th day of the month, following the month of record of imported goods (the date of payment, provided by the lease agreement (contract)). The taxpayer shall present the following documents to the taxation body together with the tax declaration:
      1) an application in hard copy (in quadruplicate) and in electronic form of application in the electronic form with electronic (digital) signature of taxpayer;
      2) a bank statement, approving the actual payment of indirect taxes on imported goods, or other document, approving execution of tax obligations on payment of indirect taxes, if it is provided by the legislation of the member state. If the taxpayer has the overpayment (collected) of the tax, charges or the amounts of indirect taxes, subjected to return (set off), both upon import of goods to the territory of one member state from the territory of another member state, and upon sale of goods (works, services) in the territory of the member state, the taxation body shall take (make) a decision on their credit to the account of payment of indirect taxes on imported goods in accordance with the legislation of the member state, to the territory of which the goods are imported. In this case the bank statement (its copy), approving an actual payment of indirect taxes on imported goods shall not be presented. The documents, specified in this paragraph by the lease agreement (contract) shall be presented upon occurrence of the date of payment, provided by the lease agreement (contract);
      3) transport (transportation) and (or) other documents, provided by the legislation of the member state, approving the transfer of goods from the territory of one member state to the territory of another member state. The specified documents shall not be presented, if the separate types of transfer of goods, as well as transfer of goods without the use of transport vehicles, execution of these documents is not provided by the legislation of the member state;
      4) invoices, executed in accordance with the legislation of the member state upon dispatch of goods, in the case if their submission (creation) is provided by the legislation of the member state.
      If the submission (creation) of invoice is not provided by the legislation of the member state or the goods are purchased from the taxpayer of the state that is not a member state, other document (documents), issued (made out) by the seller, approving the cost of imported goods shall be presented to the taxation body instead of the invoice;
      5) agreements (contracts), on the basis of which the goods are purchased, imported to the territory of the member state from the territory of another member state;
      in the case of leasing of goods (leasing subjects) – lease agreements (contracts); in the case of the trade credit (commercial loan, a loan in the form of things) – agreements (contracts) of the trade credit (commercial loan, a loan in the form of things) on production of goods; agreements (contracts) for processing of give and take raw materials;
      6) information statement (in the cases, provided by paragraphs 13.2 – 13.2 of this Minute), presented to the taxpayer of one member state by the taxpayer of another member state or by the taxpayer of the state that is not a member of the Union (signed by the head (individual entrepreneur) and affixed with the seal of organization), selling the goods imported from the territory of the third member state, on the following details on the taxpayer of the third member state and agreement (contract), concluded with the taxpayer of the third member state on purchase of imported goods:
      number that identifies a person as a taxpayer of the member state;
      full name of the taxpayer (organization (individual entrepreneur) of the member state;
      location (place of residence) of the taxpayer of the member state;
      number and date of agreement (contract);
      number and date of specification.
      In the case if the taxpayer of the member state, from which the goods are purchased, is not the owner of goods sold (is a commissioner, attorney or agent), the details, specified in the second-sixth item of this paragraph shall be also presented in relation of the owner of goods sold.
      In the case of presentation of information statement in foreign language, it is compulsory to have a translation it into Russian language.
      Information statement shall not be presented in the case, if details, provided by this subparagraph are contained in the agreement (contract), specified in subparagraph 5 of this paragraph;
      7) agreements (contracts) of commission, orders or agency agreement (contract) (in the cases of their conclusion);
      8) agreements (contracts), on the basis of which the goods are purchased, imported to the territory of the member state from the territory of another member state, by agreements (contracts) of commission, order or on agency agreement (contract) (in the cases, provided by paragraphs 13.2 – 13.5 of this Minute, except for the cases, when the indirect taxes are paid by the commissioner, attorney or agent).
      The documents specified in subparagraphs 2-8 of this paragraph may be presented in the copies, certified in the manner established by the legislation of the member state, or in the electronic form in the manner established by the regulatory legal acts of the taxation bodies of the member states or other regulatory legal acts of the member states. The format of the specified documents shall be determined by the regulatory legal acts of taxation bodies of the member states or other regulatory legal acts of the member states.
      The taxpayer shall present the documents, provided by subparagraphs 1-8 of this paragraph to the taxation body by the lease agreement (contract) upon the first payment of VAT. In the future, the taxpayer shall present the documents (their copies), provided by subparagraphs 1 and 2 of this paragraph to the taxation body together with tax declaration.
      The documents specified in this paragraph, except for the application and information statement shall not be presented to the taxation body, if their non-presentation together with the tax declaration follows from the legislation of the member state, to the territory of which the goods are imported.
      21. Refined (instead of the previously submitted) application shall be presented both in hard copy (in quadruplicate) and in the electronic form, or in the electronic form with electronic (digital) signature of the taxpayer.
      The documents, provided by subparagraphs 2-8 of paragraph 20 of this Minute shall be presented together with the refined (instead of the previously submitted) application, if they are not previously presented to the taxation body.
      If presentation of refined (instead of the previously submitted) application does not entail making amendments to the previously presented tax declaration, the taxpayer shall not present the refined (additional) tax declaration, unless otherwise established by the legislation of the member state. Presentation of such refined application shall not entail recovery of the amounts of VAT, paid upon import of goods, previously accepted to deduction.
      Refined (instead of the previously submitted) application shall not be presented in the cases, established by the legislation of the member state.
      22. In the cases of non-payment, incomplete payment of indirect taxes on imported goods, payment of such taxes at a later date in comparison with the established paragraph 19 of this Minute, as well as in the cases of revelation of facts of non-presentation of tax declarations, presentation them with violation of the term, established by paragraph 20 of this Minute, or in the cases of inconsistency of data, specified in the tax declarations to the data, received within the exchange of information between the taxation bodies of the member states, the taxation body shall collect the indirect taxes and fines in the manner and amount, established by the legislation of the member state, to the territory of which the goods are imported, as well as shall apply the methods of ensuring of execution of obligations on payment of indirect taxes, fines and penalties, established by the legislation of this member state.
      23. Upon return of imported goods in the month of their record, the reflection of operations on import of these goods in the tax declaration shall not be made, if return of goods is carried out by the reason of inadequate quality and (or) equipment.
      Return of goods by the reason of inadequate quality and (or) equipment shall be approved by the claim, coordinated by participants of agreement (contract), as well as the documents, corresponding to further performance of operations with such goods. Such documents may include the acts of acceptance-transfer of goods (in the case of absence of transportation of returned goods), transport (transportation) documents (in the case of transportation of returned documents), acts of destruction or other documents. In the case of partial return of such goods, the specified documents (their copies) shall be presented to the taxation body together with the documents, provided by paragraphs 20 of this Minute.
      Upon return of imported goods on the specified reason, upon expire of the months, in which the goods are recorded, the taxpayer shall present the relevant refined (additional) tax declaration and documents (their copies), specified in the second item of this paragraph to the taxation body.
      The documents, specified in the second item of this paragraph may be presented in the electronic form in the manner established by the regulatory legal acts of taxation bodies of the member states or other regulatory legal acts of the member states. The format of specified documents shall be determined by the taxation bodies of the member states or other regulatory legal acts of the member states.
      In the case of partial return of goods by the reason of inadequate quality and (or) equipment, the refined (instead of the previously submitted) application shall be presented without reporting details on partially returned goods to the taxation body. The specified application shall be presented or in hard copy (in quadruplicate) and in electronic form, or in the electronic form with electronic (digital) signature of the taxpayer.
      In the case of full return of all goods, the details of which were reflected in the previously presented application, by the reason of inadequate quality and (or) equipment, the refined (instead of the previously submitted) application shall not be presented to the taxation body. The taxpayer shall inform the taxation body on the requisites of previously submitted application, in which the details on fully returned goods were reflected, on the form and according to the procedure, which are established by the regulatory legal acts of the taxation bodies of the member states or other regulatory legal acts of the member states.
      Upon partial or full return of goods by the reason of inadequate quality and (or) equipment, the recovery of amounts of VAT, previously paid upon import of these goods and taken to a deduction shall be made in the tax period, in which the return of goods are made, unless otherwise provided by the legislation of the member state.
      24. By increasing the cost of imported goods in the case of increase of their price upon expire of month, in which the goods were recorded by the taxpayer, the tax basis for the purposes of payment of VAT shall be increased by the difference between the changed and previous value of imported goods. Payment of VAT and presentation of the tax declaration shall be made not later than 20th of the month, following for the month, in which the participants of agreement (contract) changed the price of imported goods.
      The difference between the changed and previous value of purchased imported goods are reflected in the tax declaration, together with which the taxpayer presents to the taxation body:
      an application (with reflection of the difference between the changed and previous value) in hard copy (in quadruplicate) and in electronic form, or in electronic form with the electronic (digital) signature of the taxpayer;
      an agreement (contract) or other document, provided by participants of agreement (contract), which approves the increase of the price of imported goods, the corrective invoice (in the case if its submission (creation) is provided by the legislation of the member state). The specified documents may be presented in the copies, certified in the manner established by the legislation of the member state, or in the electronic form in the manner, established by the regulatory legal acts of the taxation bodies of the member states or other regulatory legal acts of the member states. The format of the specified documents shall be determined by the regulatory legal acts of taxation bodies of the member states or other regulatory legal acts of the member states.
      25. In the case of the use of goods, the import of which to the territory of the member state in accordance with its legislation is carried out without payment of indirect taxes, in other purposes, than those, in connection of which the exemption or other procedure of payment is provided, import of such goods shall subject to imposition of indirect taxes in the manner established by this section.
      26. The amounts of indirect taxes paid (offset) on goods, imported to the territory of one member state from the territory of another member state shall subject to deductions (set off) in the manner provided by the legislation of the member state to the territory of which the goods are imported.
      27. Collection of excises on goods, subjected to marking of excise marks (accounting and control marks, signs) shall be carried out by the customs bodies of the member state, unless otherwise provided by the legislation of the member state.

IV. Procedure of collection of indirect taxes upon execution
of works of rendering of services

      28. Collection of indirect taxes upon execution of works, rendering of services shall be carried out in the member state, the territory of which is recognized the place of implementation of works, services (except for the works, specified in paragraph 31 of this Minute).
      Upon execution of works, rendering of services, the tax basis, the rates of indirect taxes, procedure of their collection and tax benefits (exemption from taxation) shall be determined in accordance with the legislation of the member state, the territory of which is recognized the place of implementation of works, services, unless otherwise established by this section.
      29. The place of implementation of works, services shall be recognized the territory of the member state, if:
      1) the works, services are directly related to immovable property that are in the territory of this Member State.
      Provisions of this subparagraph shall be also applied in relation of services on the rent, loan and provision for use on other grounds of immovable property;
      2) the works, services are directly related to immovable property, transport vehicles that are in the territory of this member state;
      3) services in the scope of culture, art, training (education), physical culture, tourism, leisure and sport, rendered in the territory of this member state;
      4) the taxpayer of this member state acquires:
      consulting, legal, accounting, auditing, engineering, advertising, design, marketing services, information processing services, as well as scientific research, development and technological development (technology) works;
      the works, services on development of programs for ECM and databases (software and information products of computing technique), their adaptations and modifications, maintenance of these programs and databases;
      services for the provision of personnel in the case, if the personnel works in the place of activity of buyer.
      Provisions of this subparagraph shall be also applied upon:
      transfer, provision, cession of patents, licenses, other documents, certifying the rights for the subjects of industrial property, protected by the state, trade labels, trademarks, firm names, service marks, copyrights, allied rights or other similar rights;
      rent, leasing and provision for the use on other grounds of immovable property, except for the rent, leasing and provision for the use on other grounds of transport vehicles;
      rendering of services by a person, engaged on its behalf for the main participant of agreement (contract) or on behalf of the main participant of agreement (contract) another person for implementation of works, services, provided by this subparagraph;
      5) the works are executed, services are rendered by the taxpayer of this member state, unless otherwise provided by subparagraph 1-4 of this paragraph.
      Provisions of this subparagraph shall be applied also upon rent, leasing and provision for the use on other grounds of transport vehicles.
      30. The documents, approving the place of implementation of works, services are:
      an agreement (contract) for execution of works, rendering of services, concluded by the taxpayers of the member states;
      the documents, approving the fact of execution of works, rendering of services;
      other documents, provided by the legislation of the member states.
      31. Procedure of collection of VAT and ensuring control of its payment shall be carried out in accordance with section II of this Minute upon implementation of works on processing of give and take raw materials, imported to the territory of one member state from the territory of another member state with the following export of products of processing to the territory of another member state, unless otherwise established by this section. Upon that the tax base on VAT shall be determined as the value of executed works on processing of give and take raw materials.
      32. For approval of validity of application of the zero rate of VAT upon implementation of works, specified in paragraph 31 of this Minute, the following documents (their copies) shall be presented in hard copy to the taxation body together with the tax declaration:
      1) an agreement (contract), concluded between the taxpayer of the member states;
      2) the documents, approving the fact of execution of works;
      3) the documents, approving the export (import) of goods, specified in paragraph 31 of this Minute;
      4) an application (in hard copy in the original or copy at discretion of the taxation bodies of the member states) or the list of application (in hard copy or in a n electronic form with electronic (digital) signature of the taxpayer).
      The list shall be presented in the manner, established by subparagraph 3 of paragraph 4 of this Minute.
      In the case of export of products of processing of give and take raw materials outside the Union, the application (a list of applications) shall not be presented to the taxation body.
      In the case of export of products of processing of give and take raw materials from the territory of one member state to the territory of another member state and placement them under the customs procedure of free customs zone or free warehouse in the territory of another member state, a copy of the tax declaration, certified by the customs body of another member state, in accordance with which such goods are transferred under the customs procedure of free customs zone or free warehouse shall be presented to the taxation body of the first member state instead of the application (a list of applications);
      5) customs declaration, approving the import of products of processing of give and take raw materials outside the Union;
      6) other documents, provided by the legislation of the member state.
      The documents, provided by subparagraphs 1, 2, 3, 5, 6, by the fourth item of subparagraph 4 of this paragraph may be presented in an electronic form in the manner, established by the regulatory legal acts of the taxation bodies of the member states or other regulatory legal acts of the member states. The format of the specified documents shall be determined by the taxation bodies of the member states or other regulatory legal acts of the member states.
      The documents, provided by this paragraph, except for the application (list of applications) shall not be presented to the taxation body, if the non-presentation of documents, approving the validity of application of the zero rate of VAT, follows from the legislation of the member state, in the territory of which the processing is carried out together with the tax declaration.
      33. In the case if the separate types of works, services, the procedure of taxation of which is regulated by this section, are executed, rendered by the taxpayer, and implementation of certain works, services has the auxiliary character in relation of implementation of other works, services, the place of implementation of auxiliary works and services shall be the place of implementation of basic works, services.

ANNEX No.19      
to Agreement      
on Eurasian Economic Union

Minute
on general principles and rules of competition

I. General provisions

      1. This Minute is developed in accordance with section XVIII of Agreement on Eurasian economic Union (hereinafter – Agreement) and determines the features of its application, fine sanctions for