WORLD TRADE
ORGANIZATIONWT/REG71/7
23 February 2001
(01-0926)
Committee on Regional Trade Agreements Original:  English
CUSTOMS UNION BETWEEN THE KYRGYZ REPUBLIC,
THE RUSSIAN FEDERATION, BELARUS, KAZAKHSTAN AND TAJIKISTAN
The following text reproduces the Agreement on Foundation of Eurasian Economic
Community between the Kyrgyz Republic, the Russian Federation, the Republic of Belarus, theRepublic of Kazakhstan and the Republic of Tajikistan.
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AGREEMENT ON FOUNDATION OF EURASIAN ECONOMIC COMMUNITY
The Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian
Federation, and the Republic of Tajikistan, hereinafter referred to as the “Contracting Parties”,
Motivated by the will  to ensure their dynamic development by coordinating their
socioeconomic reforms, combined with effective use of their economic potentials to improve the
living standards of their citizens;
Determined to improve the effectiveness of cooperation for the purposes of furthering mutual
integration processes and deepening mutual cooperation in various fields;
Aware of the need  to coordinate their approaches to integration with the world economy and
the international trade system;
As an expression of their readiness  to fully comply with their undertaking under the
Agreement on the Customs Union Between the Russian Federation and the Republic of Belarus dated
6 January 1995, the Agreement on the Customs Union dated 20 January 1995, the Agreement on
Deepening Integration in Economic and Humanitarian Spheres dated 29 March 1996, and the
Agreement on the Customs Union and Single Economic Space dated 26 February 1999;
As a demonstration of their commitment  to the principles of the Charter of the United Nations
Organization and also to the generally accepted principles and disciplines of international law,
Hereby agree  as follows:
Article 1
Foundation of the International Organization
The Contracting Parties hereby establish an international organization “Eurasian Economic
Community” (hereinafter, the “EAEC” or the “Community”).WT/REG71/7
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The EAEC shall have such powers as are voluntarily transferred to it by the Contracting
Parties in accordance with the provisions of this Agreement. The Contracting Parties remain
sovereign and full-fledged subjects of international law.
Article 2
Objectives and Tasks
The purpose of formation of the EAEC is for th e Contracting Parties to effectively promote
the process of formation of the Customs Union and the Single Economic Space, and to implement
other objectives and tasks outlined in the above-mentioned agreements on the Customs Union, the
Agreement on Deepening Integration in Economic and Humanitarian Spheres, and the Agreement onthe Customs Union and Single Economic Space, in stages as scheduled under the above documents.
Any agreements earlier made between the Contracting Parties, and resolutions of the
integration management bodies remain effective to the extent that they do not contradict this
Agreement.
Article 3
Authorities
To provide continuity of the integration management bodies earlier created by the Contracting
Parties, the following shall be maintained to impl ement the objectives and tasks of this Agreement
within the EAEC format:
• The Interstate Council;
• The Integration Council;
• The Inter-Parliamentary Assembly (IPA); and
• The Community Court.
It is the Interstate Council that is authorised  to terminate the functioning of the integration
management bodies set up under the Agreement on Deepening Integration in Economic and
Humanitarian Spheres dated 29 March 1996, and the Agreement on the Customs Union and Single
Economic Space of 26 February 1999.
Article 4
Chairmanship
The Chairmanship of the Interstate Council and the Integration Committee shall be held by
rotation in the alphabetical order by each Member-State of the Community for one year.
The procedure for electing the Chair for other bodies of the Community shall be provided
under corresponding regulations.
Article 5
Interstate Council
The Interstate Council is the chief executive body of the EAEC. Its membership comprises
heads of state and government leaders of the Contracting Parties.WT/REG71/7
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The Interstate Council shall consider executiv e issues of the Community concerning the
common interests of the Member-States, define the strategy, guidelines and prospects of the
integration development, and make decisions aimed at implementation of the objectives and tasks of
the EAEC.
The Interstate Council shall issue instructions to the Integration Committee, address the
Inter-Parliamentary Assembly with requests and recommendations, and submit inquires to the
Community Court.
The Interstate Council may resolve to establish auxiliary bodies of the Community.
The Interstate Council shall meet on the level of heads of states no less than once a year,
while the government leaders shall meet no less than twice a year. The summits shall be chaired by a
representative of the Contracting Party chairing the Interstate Council at such time.
The functions and procedures of the Interstate Council shall be provided in the By-Laws to be
approved by the Interstate Council on the level of heads of state of the EAEC Member-States.
Article 6
Integration Committee
The Integration Committee is a permanent body of the EAEC.
1. The main tasks of the Integration Committee are to:
• ensure coordinated action between the EAEC bodies;
• prepare proposals regarding the agendas of meetings of the Interstate Council and the
level of participating officials, and prepare also draft resolutions and documents;
• prepare proposals regarding formation of the EAEC Budget and control its
implementation;
• control the enforcement of resolutions of the Interstate Council.
In order to fulfil its tasks the Integration Committee shall:
• make decisions to the extent of its authority as defined hereunder or delegated to it by the
Interstate Council;
• annually present to the Interstate Council a status report on the Community affairs and the
progress of implementation of its objectives and tasks, a progress report regarding its own
activity, and regarding the implementation of the Budget of the EAEC;
• consider measures aimed at attaining the objectives of the Community, including making
appropriate agreements and maintaining a uniform policy on specific issues for the
Contracting Parties, and prepare corresponding proposals;
• retain the right to submit recommendations to the Interstate Council, submit
recommendations and requests to the Inter-Parliamentary Assembly, and inquiries to theCommunity Court.
2. The Integration Committee shall include deputy heads of the governments of the Contracting
Parties. Chairman of the Integration Committee shall take part in the meetings of the InterstateCouncil.WT/REG71/7
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Meetings of the Integration Council shall be held at least once every three months.
In between the meetings of the Integration Committee, day-to-day functioning of the
Community will be supported by an EAEC Commission of Permanent Representatives of the
Contracting Parties appointed by the heads of state of the Member-States.
3. Organization of work and information and technical support for the Interstate Council and the
Integration Committee shall be the responsibility of the Secretariat of the Integration Committee (the
“Secretariat”).
The Secretariat shall be led by its General Secretary to be appointed by the Interstate Council
based on the Integration Committee’s recommendation for a term of three years.
The General Secretary is the chief administrato r of the Community, who participates in the
meetings of the Interstate Council and the Integration Committee.
The Secretariat shall be formed of citizens of the Member-States on quota basis prorated for
the respective contributions of the Contracting Parties to the Community Budget, and of persons
employed on contract basis.
As regards their official duties, the General Secretary and the staff of the Secretariat must not
request or receive instructions from any Contracting Party or any authority other than the Community.They must abstain from any actions which might affect their status as international officials
responsible only to the EAEC.
The Contracting Parties shall respect the international nature of responsibilities of the General
Secretary and the staff of the Secretariat and shall not try to exercise any pressure on them while theyare doing their duty.
The functions and the procedures of the Integration Committee shall be provided under the
By-Laws to be approved by the Interstate Council.
Article 7
Inter-Parliamentary Assembly
The Inter-Parliamentary Assembly is a parliamentary cooperation body within the EAEC
considering issues of harmonisation (approximation, unification) of the national laws of the
Contracting Parties and bringing them into conform ity with the agreements made in the EAEC format
for the purposes of implementing the tasks of the Community.
The Inter-Parliamentary Assembly is formed of members of parliaments of the Contracting
Parties delegated by such parliaments.
The Inter-Parliamentary Assembly shall, to the extent of its powers:
• develop fundamentals of legislation in the basic spheres of legal relations falling within
the competence of the Interstate Council;
• adopt standard drafts as basis for development of national legal acts;
• be able to extend recommendations to the Interstate Council, requests and
recommendations to the Integration Committee and the parliaments of the Contracting
Parties, and submit inquiries to the Community Court.WT/REG71/7
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The By-Laws of the Inter-Parliamentary Assembly shall be approved by the Interstate
Council.
Article 8
Community Court
The Community Court shall provide guarantees of uniform enforcement by the Contracting
Parties of this Agreement and other agreements between the Community members and decisions
taken by EAEC bodies.
The Community Court shall consider also econom ic disputes arising between the Contracting
Parties on issues of implementation of decisions of the EAEC bodies and provisions of agreements
effective between the Community members, provide explanations and opinions in respect thereof.
The Community Court shall be formed of repr esentatives of the Contracting Parties, two
representatives from each Contracting Party. The Judges shall be appointed by the Inter-Parliamentary
Assembly based on recommendations of the Interstate Council, for six years.
The organization and the procedures of the Community Court shall be provided under its
Statute to be approved by the Interstate Council.
Article 9
Membership
Membership of the EAEC is open to all states which will undertake the commitments arising
hereunder and under other EAEC agreements, in accordance with the schedule established by
resolution of the Interstate Council, and which the Members of the EAEC believe to be able and
willing to comply with such commitments.
Any Contracting Party shall have the right to  withdraw from the EAEC provided it has
complied with its obligations to the Community and its Members, and has notified the IntegrationCommittee officially of its withdrawal from this Agreement no later than twelve months prior to the
withdrawal date. Membership shall terminate in the current budgetary year where the notice had been
sent before the approval of the Community Budg et for the next budgetary year. Where the notice is
sent after the next year’s Budget has been approved, membership shall terminate in such subsequent
budgetary year.
Participation in the work of EAEC bodies may be suspended by resolution of the Interstate
Council for a Contracting Party in breach of the terms of this Agreement and/or other Community
agreements. If such Contracting Party continues to be in breach of its obligations, the Interstate
Council may resolve to expel it from the Community  as of such date as the Interstate Council may
determine.
Article 10
Observership
The observer status at the EAEC can be granted to any state or international interstate
(intergovernmental) organization applying for such status.WT/REG71/7
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Decisions to grant, suspend or cancel the observer status shall be taken by the Interstate
Council.
Article 11
Legal Capacity
The EAEC shall wield the legal capacity required to implement its tasks and objectives in the
territories of each Contracting Party.
The EAEC may establish relationships with states and international organizations and enter
into agreements.
The EAEC shall wield the rights of a legal entity and shall be able for the purpose of
implementing its tasks and objectives to:
• enter into agreements;
• acquire property and dispose of it;
• appear in court;
• open accounts and carry out financial transactions.
Article 12
Location of Authorities
The Integration Committee shall be based in the City of Almaty (the Republic of Kazakhstan)
and the City of Moscow (the Russian Federation).
The Inter-Parliamentary Assembly shall be based in the City of Saint Petersburg (the Russian
Federation).
The Community Court shall be based in the City of Minsk (the Republic of Belarus).
Subject to the decision of the Interstate Council, territorial presence of the Integration
Committee may be established in the Member-States of the Community.
Article 13
The Decision-Making Procedure
The Interstate Council shall take all of its decisions by unanimous vote, except those
regarding suspension or termination of Community membership, where a decision requires a
unanimous vote less the vote of the Contracting Party concerned.
The Integration Committee shall take its decisions by a two-thirds’ majority of votes. Where
four Contracting Parties vote in favour of a decision, but there is still no two-thirds’ majority, the
issue will be referred to the Interstate Council. The number of votes of each of the Contracting Parties
shall correspond to their respected prorated cont ributions to the Community Budget and shall be:
• The Republic of Belarus – 20 votes;
• The Republic of Kazakhstan – 20 votes;
• Kyrgyz Republic –10 votes;WT/REG71/7
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• The Russian Federation – 40 votes;
• The Republic of Tajikistan – 10 votes.
Article 14
Enforcement of Decisions
Decisions of the EAEC authorities shall be enfo rced by the Contracting Parties by passing the
required national regulatory legal acts as provided under their national laws.
Control over the enforcement of obligations of the Contracting Parties in respect of
implementation of this Agreement, other agreements effective for the Community purposes, and
decisions of the EAEC authorities shall be effected  by the authorities of the Community to the extent
of their powers.
Article 15
Financing
The functioning of the EAEC authorities shal l be financed out of the Community Budget.
The Community Budget for each budgetary year shall be planned by the Integration
Committee subject to consents of the member-states, and shall be approved by the Interstate Council.
The Community Budget shall never be in deficit.
The Community Budget shall be formed of pro rata contributions of the Contracting Parties as
follows:
• The Republic of Belarus – 20 per cent;
• The Republic of Kazakhstan – 20 per cent;
• Kyrgyz Republic –10 per cent;
• The Russian Federation – 40 per cent;
• The Republic of Tajikistan – 10 per cent.
The budgetary funds shall be used to:
• finance the functioning of the EAEC authorities;
• finance joint projects of the Contracting Parties carried out within the EAEC framework.
• cover other purposes consistent with the terms hereof.
Where the debt of one of the Contracting Parties to the EAEC budget exceeds the amount
equivalent to its annual pro rata contribution, the Interstate Council may resolve to deprive it of its
voting right in the Community authorities until full  repayment of the debt. Its votes shall then be
distributed between the remaining Contracting Parties prorated for their respective contributions to the
Community Budget.WT/REG71/7
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Article 16
Privileges and Immunities
The Community and its officials shall enjoy all privileges and immunities required to effect
the functions and implement the goals hereunder and under other EAEC agreements.
The extent of privileges and immunities of the Community and its officials, the Secretariat
staff and the territorial Representative Offices of the Integration Committee, and the Permanent
Representatives of the Contracting Parties in the Community shall be provided under separate
documents.
Article 17
Working Language
The Working language of the EAEC shall be the Russian language.
Article 18
Validity Term and Effective Date
This Agreement shall be made for an indefinite term.This Agreement shall be subject to ratification by the Contracting Parties and shall take effect
as of the date the depository, which function shall be undertaken by the Integration Committee,receives the last notice of completion of national procedures required to give effect to this Agreement.
Where necessary, the Parties shall bring their national laws into conformity with the terms hereof.
Article 19
Amendments and Supplements
Possible amendments and supplements hereto shall be made out as a separate protocol by the
Contracting Parties, which protocol shall be an integral part of this Agreement.
Article 20
Registration
This Agreement is subject to registration with the Secretariat of the United Nations
Organization as provided under Article 102 of the UN Charter.WT/REG71/7
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Made in the City of Astana on 10 October 2000, one counterpart in each of the Belorussian,
Kyrgyz, Russian and Tajik languages, all counterparts having equal legal force.  In the event of any
controversy regarding the content of this Agreemen t, the Contracting Parties shall revert to the
Russian language version.
The original agreement shall be kept in the Integration Committee which shall provide each
of the Contracting Parties with a certified copy.
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