RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/KGZ/30
WT/REG71/1
6 April 1999
(99-1355)
Original:  English
ACCESSION OF THE KYRGYZ REPUBLIC
Notification from the Kyrgyz Republic
The Permanent Mission of the Kyrgyz Republic has submitted the following notification in
pursuance of the commitments undertaken in the Protocol of Accession of the Kyrgyz Republic.
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The Permanent Mission of the Kyrgyz Republic has the honour to inform that the agreement
on the Kyrgyz Republic's joining the Interim Agreements for the establishment of a Customs Union
concluded between the Government of the Russian Federation, the Government of the Republic of
Belarus and the Government of the Republic of Kazakhstan was signed on 29 March 1996 and
entered into force on 8 October 1997.
The Interim Agreements contain provisions relating to trade in goods that are of relevance to
the WTO.
The Agreements aim at establishing a customs union between the Republic of Belarus, the
Republic of Kazakhstan, the Russian Federation and the Kyrgyz Republic in the sense of
Article XXIV of the GATT 1994 and the Understanding on the Interpretation of Article XXIV.
Duties and other restrictive regulations of commerce are eliminated with respect to substantially allthe trade between the parties to the Agreement.  The transitional period for the establishment of
substantially the same duties and other regulations of commerce applied to the trade of territories not
included in the union is proposed to be finalised by 2003 (the texts  of the Agreements are annexed to
this notification).
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ANNEX I
AGREEMENT
ON JOINING OF THE KYRGYZ REPUBLIC
TO THE AGREEMENTS ON CUSTOMS UNION
Signatory/participant States of the Agreements on Customs Union of 6 and 20 January 1995 -
the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation, in the person of their
governments, on the one hand, and the Kyrgyz Republic in the person of its Cabinet of Ministers, on
the other hand, hereinafter referred to as the Contracting Parties,
Continuing  the implementation of the Agreement on the Creation of Economic Union, of
24 September 1993,
Aspiring to the further development of balanced and mutually profitable economic relations,
Confirming  the preparedness to follow the principles, goals and tasks of the Customs Union,
Establishing  the fulfilment by the Kyrgyz Republic of  the Terms and Conditions of Forming the
Customs Union established by the Intergover nmental Belarus-Kazakhstan-Russia Commission on
22 November 1995,
Hereby agreed  on the following:
Article 1
The Kyrgyz Republic shall join the Agreements on Customs Union, of 6 and
20 January 1995, and the Decision of the Intergovernmental Belarus-Kazakhstan-Russia Commission
On the Terms and Conditions of Forming the Customs Union, of 22 November 1995.
Article 2
The Contracting Parties shall undertake, in full, the  rights and commitments arising from the
Agreements on Customs Union, of 6 and 20 January 1995, and from other effective instruments with
respect to targets, principles and terms and conditions, as well as stages and the mechanism of the
formation and functioning of the Customs Union.
Article 3
The Contracting Parties shall, taking into consideration the implementation by the
Kyrgyz Republic of commitments on forming a single system of regulating the foreign economic
activity, unifying foreign trade and customs legislation and establishing a single trade regime of the
Customs Union member States in relations with third countries, introduce a free trade regime in itsfull without exceptions and restrictions in tr ade economic relations between the Customs Union
member States - the Republic of Belarus, the Republic of Kazakhstan, the Russian Federation and the
Kyrgyz Republic.  In this, all the previous agreem ents and protocols between the Contracting Parties
concerning exceptions to the free trade regime shall be considered invalid.WT/ACC/KGZ/30
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Article 4
This Agreement shall not affect the rights of any Contracting Party to take according to
international law and its domestic legislation, measures necessary for the protection of State security,
public order, health and morality of the population, cultural and historical heritage of their peoplesand for the protection of rare animals and plants.
Article 5
Disputes and disagreements between the Contracting Parties concerning  the interpretation
and/or application of the provisions of this Agreement will be settled by means of consultations and/or
negotiations.
Article 6
This Agreement shall not affect the effect of other international agreements of the Customs
Union member States which do not contradict this Agreement.
Article 7
Each Contracting Party may leave this Agreement by sending other Contracting Parties,
12 months before leaving, an official written notification of its intention to leave this Agreement.
Article 8
This Agreement shall be temporarily applied from the date of its signing and shall come into
force from the date of the last notification on the implementation in the Republic of Belarus, Republicof Kazakhstan, Russian Federation and the Kyrgyz Republic of inner-State procedures necessary for it
to come into force.
Done in the City of Moscow, on 29 March 1996, one copy in Russian.  The original shall be
kept in the Archives of the Government of the Russian Federation, that will send each signatory Statea certified copy of the Agreement.
For the Government of the For the Cabinet of Ministers of
Republic of Belarus the Kyrgyz Republic
For the Government of the For the Government of the
Republic of Kazakhstan Russian FederationWT/ACC/KGZ/30
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ANNEX  II
AGREEMENT
ON CUSTOMS UNION
The Government of Belarus and the Government of the Russian Federation - on the one hand,
and the Government of the Republic of Kazakhstan - on the other hand, hereinafter referred to as the
Contracting Parties,
Aspiring  to the further development of balanced and mutually profitable economic relations,
Expressing  their intent to continue the implementation of the Agreement on the Creation of Economic
Union, of 24 September 1993,
Desiring  to begin the formation of a customs union between them,
Hereby agreed   on the following:
Article 1
The Contracting Parties shall establish a single customs union of which goals and principles
of formation, mechanism and stages of formation, order of functioning, as well as distribution of
customs duties, taxes and levies, terms and conditions for the introduction of provisional/temporary
restrictions and customs control are determined by the Agreement on Customs Union between the
Russian Federation and Belarus, of 6 January 1995.
Article 2
The Contracting Parties shall undertake, in full , the rights and commitments arising from the
Agreement on Customs Union between the Russian Federation and the Republic of Belarus, of6 January 1995, that concern goals, principles of functioning, mechanism and stages of creating the
Customs Union, distribution of customs duties, taxes and levies, terms and conditions of introducing
provisional/temporary restrictions and customs control.  The regulation of the foreign economic
activity of the Republic of Kazakhstan will be carried out in accordance with the Agreement On
Single Procedure of Regulating Foreign Economic Activity between the Government of the Russian
Federation and the Government of the Republic of Kazakhstan, of 20 January 1995.
Article 3
For the implementation of this Agreement, on the basis of a separate agreement, the
Contracting Parties will establish an executive body of the Customs Union.
The Contracting Parties will, until the creation of the executive body, be guided by the
provisions of the Agreement between the Government of the Russian Federation and the Government
of Belarus, of 6 January 1995.WT/ACC/KGZ/30
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Article 4
The Contracting Parties have agreed that integral parts of this Agreement shall be the
Agreement On Single Procedure of Regulating Foreign Economic Activity between the Government
of the Russian Federation and the Government of the Republic of Kazakhstan, of 20 January 1995,and the Protocol on the Introduction of a Free Trade Regime without Exceptions and Restrictions
between the Russian Federation and the Republic of Kazakhstan, of 20 January 1995.
Article 5
This Agreement shall not affect the rights of any Contracting Party to take, according to
international law and its domestic legislation, measures necessary for the protection of State security,public order health and morality of the population, cultural and historical heritage of their peoples and
for the protection of rare animals and plants.
Article 6
Disputes and disagreements between the Contracting Parties concerning the interpretation
and/or application of the provisions of this Agreement will be settled by consultations.
Article 7
This Agreement shall not affect the effect of other international agreements of the Republic of
Belarus, the Russian Federation and the Republic of Kazakhstan which do not contradict this
Agreement.
Article 8
Each Contracting Party may leave the Agreement by sending the other Contracting Party,
12 months before leaving, an official written notification of its intention to leave the Agreement.
Article 9
This Agreement shall be temporarily applied from the date of signing and shall come into
force from the date of the last notification on the fulfilment in the Republic of Belarus,
Russian Federation and the Republic of Kazakhstan of the inner-State procedures necessary for it to
come into force.
Done in the City of Moscow, on 20 January 1995, in  one original in Russian.  The original is
kept in the Archives of the Government of the Russian Federation, that will send each signatory State
a certified copy of the Agreement.
For the Government of For the Government of
Belarus the Republic of Kazakhstan
For the Government of
the Russian FederationWT/ACC/KGZ/30
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ANNEX  III
AGREEMENT ON CUSTOMS UNION
BETWEEN THE RUSSIAN FEDERATION AND THE REPUBLIC OF BELARUS
The Government of the Russian Federation and the Government of the Republic of Belarus
hereinafter referred to as the Contracting Parties,
Aspiring  to further develop balanced and mutually beneficial economic relations,
Desiring  to ensure further development of the rights and freedoms of Man and Citizen of the countries
on the principles of democracy as set forth in the United Nations Organisation's documents,
Recognising  the international generally accepted standards of economic relations and having regard to
the GATT / WTO rules,
Confirming their adherence to the unhampered development of mutual economic co-operation,
Expressing the intention to continue the implementation of the provisions of the Agreement on the
Creation of Economic Union through a stag e-by-stage formation of a customs union,
Being guided  by Article 4 of the Agreement on the Creation of Economic Union that provides, for
every form of integration, the development of package/complex of interrelated measures to be carried
out in compliance with separate agreements ,
Establishing the achievement of certain results within the framework of the Agreement On Single
Procedure of Regulating Foreign Economic Activity between the Government of the Russian
Federation and the Government of the Republic of Belarus, of 12 April 1994 (the City of Moscow),
and
Aiming at  determining the commitments and rights of the Contracting Parties in a stage-by-stage
formation of the customs union .
Hereby agreed as follows:
Article 1.  The Aims and Principles of Functioning of the Customs Union
1. The Contracting Parties shall declare the following aims for the creation of the Customs
Union:
- to provide, through the concerted action, the social and economic progress of their countries
by removing the inter-State barriers for a free economic co-operation between businessentities;
- to ensure the stable development of the economy, unhindered commodity exchange and fair
competition;
- to strengthen the co-ordination of economic policy of their countries and to ensure the all-
round development of the national economy;
- to create the conditions for the formation of a single economic space;
- to create the conditions for the active entering of the Customs Union member States in  to the
world market,WT/ACC/KGZ/30
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2. The Contracting Parties shall define the Customs Union as an economic unification of the
States that is based on the following principles:
(a) presence of a single customs territory of the Customs Union member States.  The formation
of a single customs territory shall be carried out by:
- cancelling customs duties, taxes and levies, which are of equivalent effect, as well as
quantitative restrictions in trade, between the States of the Contracting Parties, in
goods originating in their territories;
- establishing and applying with respect to third countries the same trade regime,
common customs tariffs and measures of non-tariff regulation of foreign trade;
- - forming a mechanism of relationship of the Customs Union with third States and
international organisations on the basis of the provisions of the Agreement on Single
Procedure of Regulating Foreign Economic Activity between the Government of the
Russian Federation and the Government of the Republic of Belarus, of 12 April 1994;
(b) presence of a one-type mechanism of regulating the economy that is based on market
principles of management and unified legislation.
Article  2 . The Mechanism and Stages of Creating the Customs Union
1. The Contracting Parties shall carry out a complex of interrelated measures on the formation of
the Customs Union that include the following mandatory components:
1.1 The first stage:   Practical application of the mechanism of functioning of the Agreement on
the Creation of a Free Trade Area, of 15 April 1994, and first of all, the cancellation of tariff
and quantitative restrictions in mutual trade in compliance with the Protocol on theIntroduction of a Free Trade Regime without Exceptions and Restrictions between the
Russian Federation and the Republic of Belarus, of 6 January 1995, which is integral part of
this Agreement.
The cancellation of the restrictions in mutual trade will happen on the basis of
applying the Agreement on Single Procedure of Regulating Foreign Economic Activity
between the Government of the Russian Federation and the Government of the Republic of
Belarus, of 12 April 1994, and creating fully identical systems of the regulation of foreign
economic relations (as well as tariff and non-tariff regulation), and establishing the same trade
regime, common customs tariffs and measures of non-tariff regulation with respect to third
countries.
1.2. The unification, within 4 months from the date this Agreement is signed, of foreign trade,
customs, currency and financial, tax and other legislation that affects foreign economic
activity and relates in particular to:
- the economic conditions of management on the basis of market principles that
provide equal possibilities/opportunities and guarantees for business entities of the
States of the Contracting Parties;
- pricing policy;
- currency regulation and currency control;
- export control;- unfair competition and restrictive business practices;
- intellectual property.WT/ACC/KGZ/30
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1.3. The formation of the mechanism of relationship of the Customs Union with third countries
and international organisations on the basis of delegating relevant authorities to one of the
Contracting Parties.
2. The Contracting Parties shall organise the work on unifying national legislation that regulates
the economic activity.  The Contracting Parties shall be obliged to provide each other with the texts of
current acts, assist in explaining and specifying the content of their provisions on the reformation of
the national economy.
3. The Contracting Parties shall organise control of law-applying practice and ensuring the
uniformity of carrying out methods of:
- creating reliable mechanisms on control in order not to permit a non-sanctioned re-
exportation of goods to third countries;
- carrying out payment-settlement relations for trade and non-trade transactions on bilateral and
multilateral basis;
- applying the single regulation of foreign economic relations with third countries;- bringing together economic conditions of management;
- maintaining customs statistics of foreign trade;
- implementing reliable customs control at external customs borders of the States of the
Contracting Parties.
4. The second stage:  After all the measures provided by the first stage are carried out, the
unification of customs territories of the States of the Contracting Parties to a single customs territory,
the solving of the issue on international legal capacity of the Customs Union and on the fate of current
international agreements.
5. The Contracting Parties shall apply the Bases of Customs Legislation of the member States of
the Community of Independent States, approved by the Council of the Community's Government
Heads, on 10 December 1994.
6. The Contracting Parties shall apply a Single Methodology of customs statistics of foreign
trade of the member States of the Community of Independent States approved by the Council of the
Government Heads of the Community's States on 10 December 1994.
7. The Contracting Parties shall apply the Rules of Determining a Country of Origin of Goods
approved by the Council of the Government Heads of the Community's States on 24 September 1993,
with the subsequent amendments and supplements.
8. The Contracting Parties shall apply the Agreement on Re-exportation of Goods and on
Procedure of Granting Permission for Re-expor tation, signed in Moscow on 15 April 1994.
9. The Contracting Parties may, as far as this Agreement is implemented, by mutual consent,
introduce more precise definitions in the content and terms of performing individual measures of thestages mentioned in this Article.
Article 3.  The Organisation of Work on the Creation of the Customs Union
The Contracting Parties with a view to create the customs union shall apply the mechanism of
bilateral and/or multilateral consultations on the issues arising from the objectives, principles,
conditions and stages of the creation of the Customs Union.WT/ACC/KGZ/30
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Article 4.  Distribution of Cu stoms Duties, Taxes and Levies
That are of Equivalent Effect
1. The amounts of import customs duties, taxes and levies, that are of equivalent effect, on the
goods originating in the territory of a third country shall be paid to the budget of the State of thatContracting Party which is the country of destination of the product.   
2. The amounts of export customs duties, taxes and levies, that are of equivalent effect , on the
goods originating in the territory of a third country and exported from the territory of the State of any
Contracting Party to the territory of the State of th e other Contracting Party shall be paid to the budget
of the State of that Contracting Party from th e territory of which this product is exported.
3. The amounts of export customs duties, taxes and levies, that are of equivalent effect, on the
goods exported from the territory of any of the Contracting Party to a third country:
(a) with respect to the goods originating in the territory of the State of any Contracting Party,
taking into account the provisions of sub-paragraph (b) of paragraph 3 hereof shall be paid tothe budget of the State of that Contracting Party in the territory of which this product
originates;
(b) with respect to the goods produced on the terr itory of any Contracting Party with the use of
raw material and/or materials originating in th e territory of any other Contracting Party shall
be placed in the budgets of the States of the Contracting Parties in compliance with the agreed
distribution of the amounts of export customs duties;
(c) with respect to the goods originating in the te rritory of a third country shall be paid to the
budget of the State of that Contracting Party from the territory of which this product isexported.
4. The Contracting Parties shall co-ordinate the order of the mutual placing of customs duties,
taxes and levies that are of equivalent effect.
Article 5.  Terms and Conditions of Intro ducing Temporary/Provisional Restrictions
`
1. Temporary restrictions in mutual trade by using tariff, quantitative or other equal measures
may be applied only in cases:
- of acute deficit of this product in the domestic market - until the situation in the market is
stabilised;
- of acute deficit of the balance of payments - until the situation with the balance of payments is
stabilised;
- where a product is imported to the territory of one of the Contracting Parties in such increased
amounts or on such terms which damage or threaten to damage domestic producers of similar
or immediately competitive goods.
2. Before any restrictive measures are taken in cas es after the necessity in the their application
has appeared, the Contracting Parties should provide each other with relevant information for
consultations.  The conducting of consultations in order to search a decision acceptable for the
Contracting Parties shall be carried out within a term as short as possible.WT/ACC/KGZ/30
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3. If, as a result of such consultations, the Contracting Parties within 45 days from the day of
obtaining relevant information do not reach agreement  regarding taking measures to avoid the
situation formed, the Contracting Party that required the conducting of consultations will be free to
introduce restrictive measures in such volume and for such a term that are required to prevent or
remove damage.
4. In critical conditions, when delay can cause damage that will be difficult to remove, the
Contracting Parties may take the measures mentioned in this Article before the conducting of such
consultations, provided that the consultations will be conducted immediately after such measures are
taken.
5. The provisional/temporary restrictions to be introduced on importation or exportation from
the date of their adoption by one of the Contracting Parties should be conveyed to the other
Contracting Party within the shortest terms.
6. The Contracting Parties shall continue the work on the unification of normative and legal
basis in order to avoid the possibilities/opportunities for the conditions, that cause the introduction oftariff and/or quantitative restrictions in mutual trade, to appear.
7. The Contracting Parties shall provide control of exportation (importation) of goods subject to
quotas and licensing.
Article 6.  Customs Control
1. The Contracting Parties shall provide the unity of managing their customs services on the
basis of the relevant Agreement between the Government of the Russian Federation and the
Government of the Republic of Belarus.
2. Taking into account the provisions of paragraph 1 hereof, the Contracting Parties shall:- organise joint control over the transfer of goods and vehicles.  The order and organisation of
such control shall be regulated by individual arrangements (protocols) between the customsbodies of the Contracting Parties;
- cancel customs control on the common border providing undoubtedly reliable customs control
on their external borders.
Article 7.  Exceptions
This Agreement shall not affect the rights of any Contracting Party to take, according to
international law and its domestic legislation, measures necessary for the protection of the State
security, public order, health and morality of the population, cultural and historical heritage of their
peoples and for the protection of rare animals and plants.
Article 8.  Concluding Provisions
1. All disputes and disagreements betw een the Contracting Parties concerning  the interpretation
and/or application of the provisions of this Agreement shall be settled by consultations.
2. This Agreement shall not affect the actions of other international agreements concluded by
the Contracting Parties and not contradicting this Agreement;  if necessary, the Contracting Parties
shall be obliged to bring them into  conformity  with this Agreement.WT/ACC/KGZ/30
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3. Any Contracting Party may leave this Agreement by sending, 12 months before leaving, an
official written notification to the other Contracting Party on its intention to leave the Agreement.
4. This Agreement shall be temporarily applied from the date it is signed and shall come into
force from the date of exchanging notifications on the fulfilment by the Contracting Parties of allnecessary inner-State procedures.
5. This Agreement shall be open to join for any member State of the Community of Independent
States that accepts the provisions of the Agreement that are in effect  at the moment of joining and
expresses the readiness to fulfil them in full.  The joining shall be carried out with the consent of the
Contracting Parties on terms and according to the procedure to be established in a separate agreement
with a joining State.
Done on 6 January 1995, in the City of Minsk, in two originals in the Russian and Belarussian
languages, and both texts are equally valid.
For the Government For the Government
of the Russian  Federation of the Republic of Belarus
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