RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/KAZ/34
18 April 2001
(01-1961)
Working Party on the
Accession of KazakstanOriginal:  English
ACCESSION OF KAZAKSTAN
Memorandum on the Foreign Trade-Related Legislation
Changes in the Foreign Trade-Related Legislation from the date of the
last Working Party Meeting in October 1998
The Chairman of the Inter Ministerial Commission on WTO Issues of the Republic of
Kazakstan has submitted the following information with the request that it be circulated to members
of the Working Party.
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Since the last working party meeting, Kazakstan has accomplished a great deal of work in
bringing its foreign trade related legislation into conformity with the WTO rules and principles.
The foreign trade related Laws adopted within the above mentioned period are listed in Table
1.
Table 1
Title of the Law Date of signing by the President
of Republic of Kazakstan
On Certification 16 July 1999
On Standardization 16 July 1999
On Subsidies and Countervailing Measures 16 July 1999
On Protection of Selective and Breeding Achievements 13 July 1999
On Plant Quarantine 11 February 1999
On Antidumping Measures 11 July 1999
On Safeguard Measures for Domestic Market upon Importation ofGoods28 December 1998
On Patents 16 July 1999
On Trademarks, Marks of Service and Names of Places of Origin 26 July 1999
On Changes and Amendments to the Presidential Decree of the Republic
of Kazakstan having the force of  Law of the Republic of Kazakstan On
Customs Matters in the Republic of Kazakstan20 July 1995 – 16 July 1999
On Unfair Competition 9 June 1998
On Financial Leasing 5 July 2000
On Changes and Amendments to Legislative Acts Relating to the Issues
of Banking Secrets29 March 2000
The Law of the Republic of Kazakstan "On Certification" regulates relations in the sphere of
certification, establishes rights, obligations and responsibility of the participants, establishes concrete
requirements for the normative documents on certification, determines  the procedure for theWT/ACC/KAZ/34
Page 2
Government control over activity of the bodies responsible for certification and testing laboratories,
and for financing of the works on certification and accreditation.
This Law reflects the requirements of the WTO Agreement on Technical Barriers to Trade.
For more details, please, refer to WT/ACC/KAZ/27-28.
The Law "On Standardization" of the Republic of Kazakstan establishes the legal basis for the
public system of standardization and measures for protection of the of the interests of State and
consumers in terms of the quality of products, processes (works), and services by drafting and
applying normative documents on standardization. The Law envisages an application of international
standards in the course of drafting the normative documents. The Law contains provisions for
establishing an Inquiry Point in order to provide all interested parties with the information in respect
of effective standards or those of the planned, and procedures for conformity assessment.
The provisions of this Law are aimed at the development of small and medium business,
engagement of public representatives in standards developing, facilitation of  access to the
international market, and protection of consumers against production and importation of poor quality
products, technologies and services which are potentially dangerous for life and health of people and
environment. This Law reflects the requirements of the WTO Agreement on Technical Barriers to
Trade.
For more detailed information see WT/ACC/KAZ/27-28.
The Law of the Republic of Kazakstan "On Subsidies and Countervailing Measures"
establishes the legal basis for regulation of the relations between interested parties, arising as a result
of goods importation, subsidized by a foreign state (a union of foreign states) as well as in the course
of investigation and introduction of countervailing measures. The Law defines the criteria fordetermination of specificity of subsidy, determination of material injury, its presence or threat thereof,
an impact of subsidized imports on domestic producers, causal relationship between the subsidized
imports and material injury caused by them, or its threat, procedures for conducting investigation, it
also establishes the mechanisms for introduction and termination of countervailing measures,
undertakings and other issues in accordance with the norms of the WTO Agreement on Subsidies andCountervailing Measures.
The Law of the Republic of Kazakstan "On Protection of Selective Breeding Achievements"
provides legal protection for such objects of industrial property as selective breeding achievements,
which include new varieties of plants and new breeds of animals. The Law envisages the legal
protection of selective breeding achievements, wh ich meets the requirement of the WTO Agreement
on Trade Related Aspects of Intell ectual Property Rights (TRIPS).
The Law of the Republic of Kazakstan "On Plant Quarantine" reflects the following
requirements of the WTO Agreement On Sanitary and Phyto-Sanitary Measures:
- scientific basis for risk assessment in the course of introduction of quarantine
measures on the territory of the Republic of Kazakstan;
- keeping records of quarantine objects’ dissemination and availability of information
for the interested parties;
- development and application of quarantine measures on the basis of international
norms and recommendations; and
- recognition of quarantine measures applied by other countries providing that they
achieve the appropriate level of phyto-sanitary protection applied in the Republic of
Kazakstan.WT/ACC/KAZ/34
Page 3
However, the Law does not reflect the SPS Agreement requirements regarding the
establishment of an Inquiry Point, the provisions establishing that:
- the applied measures should be based on an actual risk assessment;
- where alternative measures are applicable the less restrictive measure shall be
applied; and
- measures are subject to publication and shall not be discriminative in respect of
individual suppliers.
Currently the Government works on introduction of  changes and amendments to the Law of
the Republic of Kazakstan "On Plants Quarantin e" considering the requirements of SPS Agreement,
which are not envisaged in the acting Law.
For more detailed information please refer to WT/ACC/KAZ/31-32.
The Law of the Republic of Kazakstan "On Antidumping Measures" provides a legal basis for
protection of the domestic market from unfair foreign competition, establishes the rules for
determination of dumping and injury caused to the domestic industry, establishes the procedures for
initiation and conduct of antidumping investigations and mechanisms for introduction and termination
of antidumping measures.  The Law is based on norms and provisions of the WTO Agreement on
Anti-dumping.
The Law of the Republic of Kazakstan "On Safeguard Measures for Domestic Market upon
Importation of Goods" regulates the relations arising in the course of application of safeguard
measures introduced in order to protect domestic producers and eliminate  injury or threat of injury
caused by increased volumes of imports to the territory of the Republic of Kazakstan.
 The Law defines the conditions for application of safeguard measures, criteria for
determination of serious injury or its threat, factors for determination of casual effect between the
increased volumes of imports and serious injury or its threat to the domestic producers, conditions for
initiation of investigation and procedure of its conduction, mechanism of introduction and termination
of provisional and safeguard measures, undertakings and a number of other issues in accordance with
the norms of the WTO Agreement on Safeguard Measures.
The Law "On Patents" of the Republic of Kazakstan provides legal protection and use  of
inventions, models and industrial designs consistent with the requirements of international
conventions to which the Republic of Kazakstan is a signatory.  In accordance with the requirements
of the WTO Agreement on Trade Related Aspects of Intellectual Property Rights the Law has
provisions regarding the procedures and conditions for issuance of a compulsory license required for
the use of industrial property objects.
The Law contains the requirements of TRIPs Agreement stipulated in section 4 (Articles 25-
26), regarding the industrial designs and section 5 (Articles 27-34) on patents. The provisions of this
Law shall be applicable to those objects of industrial property which have copyright documents issued
by Kazpatent, and which have patents issued on the basis of international treaties to which the
Republic of Kazakstan is a signatory.  When an International Treaty ratified by the Republic of
Kazakstan establishes the rules other than those contained in this Law, the rules of the InternationalTreaty shall be applied.
For more detailed information please refer to WT/ACC/KAZ/24,26.
The Law of the Republic of Kazakstan "On Trademarks, Service Marks and Names of Places
of Origin" regulates the relations arising in connection with the registration, legal protection and useWT/ACC/KAZ/34
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of trademarks, service marks and appellations of places of origin of goods in the Republic of
Kazakstan.  This Law envisages an equal regime for all trademark owners or the right to use the name
of place of origin  for both domestic and foreign applicants. Legal protection,  in accordance with this
Law, shall be granted on the basis of their registration, as well as without their registration by virtue
of  the applicable International Agreements to which Kazakstan is a signatory. In accordance with theLaw no registration of the following marks as trademarks or their elements shall be granted if:
- They are false or capable to cause confusion as to the goods or their producer,
including geographical indications capable to cause confusion as to the place of their
origin;
- They formally indicate the place of their actual production, however mislead that the
goods in question originate  from a different area;
- They represent themselves or contain geographical indications that identify mineral
waters, wines or strong alcoholic drinks, to designate goods that do not originate from
a given area as well as if used translations or designations are accompanied by the
words “kind”, “type”, “style”, and suchlike; and
- Their content contradicts the public interests, the principles of humanism and moral.
This Law complies with the requirements of the WTO Agreement on Trade Related Aspects
of Intellectual Property (TRIPs).
For more detailed information please refer to WT/ACC/KAZ/24, 26.
The Law of the Republic of Kazakstan "On Customs Matters in the Republic of Kazakstan"
was adopted with consideration of the requirements of Agreement on application of Article VII
GATT 1994. In particular, with consideration of the provisions which refer to the norms establishing
the order for determination of goods customs value, country of origin and for taking a preliminary
decision.  The Law has been amended in the parts covering functions of customs bodies regulating
import restrictions, and export of goods containing objects of intellectual property.
The articles regulating legal relations arising upon application of specific customs regime
have been amended, mainly in order to eliminate a subjective approach of customs officials regarding
customs clearance procedures.
In order to support bona fide participants of foreign economic activity, the Law establishes a
more precise procedure for payment of customs duties, and responsibility (Article 140) for their
evasion, setting penalties for actual delay of customs duties and taxes payment ( processing under
customs control).
The issue concerning the determination of a party responsible for execution of obligations on
actual exportation of goods under export regime has been settled for the first time. Article 96 setsforth:  "A person transporting the goods shall be responsible for actual exportation of goods released
for export outside the customs territory of the Republic of Kazakstan".  Similarly, the norm stipulating
the responsibility of a carrier of goods has been introduced for the first time, which is set forth in Part
3 of this Article.
Article 171, which defines a place of temporary storage, the so called temporary storage
warehouses, has been fundamentally changed.  Basically, in the course of reviewing this Article, the
proposals of the participants of foreign economic activity have been taken into account.  In addition to
temporary storage warehouses, the temporary storage is currently  permitted at specially equipped
premises, open areas and on transport means within a zone of customs control.WT/ACC/KAZ/34
Page 5
The norms regulating the issues concerning the status of customs bodies as well as the
organization of the activity of customs service have been changed.
The Law of the Republic of Kazakstan "On Unfair Competition" establishes a mechanism for
prevention and elimination of unfair competition and its consequences, as well as responsibility for
unfair competition actions.  The Law determines the principle for inadmissibility of restriction orelimination of competition, defines the actions recognized as unfair competition, its types and
responsibility for undertaking such actions.  This Law contains corresponding TRIPS provisions and
other requirements of International Agreements in particular those of the Paris Convention on
Protection of Industrial Property.
The Law of the Republic of Kazakstan "On Financial Leasing" regulates the relations that
arise in the course of financial leasing and is aimed at attraction of  investments based on leasing.  The
Law gives a definition of a financial leasing, determines the forms and types of financial leasing, therights and obligations of the participants of a leasing transaction and their responsibilities.  This Law
has been adopted with consideration of the requirements of the General Agreement on Trade in
Services (GATS), in particular, the Annex on Financial Services.
The Law of the Republic of Kazakstan On Changes and Amendments to the Legislative Acts
of the Republic of Kazakstan on Issues Related to Banking Secrets stipulates introduction of changesand amendments to the Laws of the Republic of Kazakstan:  "On Operation of Investigations"; "On
National Bank of the Republic of Kazakstan"; "On Taxes and Other Obligatory Payments into the
Budget"; "On Banks and Banking Activity"; "On Customs Matters in the Republic of Kazakstan";
"On Bodies of Internal Affairs in the Republic of Kazakstan"; "On Prosecutor’s Office in the Republic
of Kazakstan"; "On National Security Bodies"; "On Notary"; "On Payments and Money Transfer";"On Executive Proceedings and Status of Bailiffs"; "On Natural Monopolies" as well as into the Code
of Criminal Procedure of the Republic of Kazakstan, Civil Code of the Republic of Kazakstan
(Special Part) and the Code of Civil Procedure of the Republic of Kazakstan.  Basically, amendments
refer to the establishment of requirements related to the disclosure of information comprising banking
secrets which is in conformity with the WTO requireme nts, in particular, with the requirements of the
General Agreement on Trade in Services regarding the protection of confidential information.
Plans for the current year
Currently the draft Law of the Republic of Kazakstan "On Commercial Secrets", "On
Veterinary" and "On Legal Protection of Layout Design of Integrated Microcircuits" are being
considered by the Mazhilis (lower chamber) of the Parliament of the Republic of Kazakstan.
To meet the WTO principles and requirements it is planned to adopt the following draft laws:
the Law of the Republic of Kazakstan "On Amendments and Additions to the Law of the Republic ofKazakstan "On Plant Quarantine", "On Advert ising", "On State Protection and Support of
Investments", "On Amendments and Additions to the Law of the Republic of Kazakstan "On
Safeguard Measures on Goods Importation to the Domestic Market", "On Plant Protection", "On
Trade", "On Post", "On Franchising".
Regulations on the prevention of importation of counterfeit goods into the territory of the
Republic of Kazakstan will be drafted in order to implement Articles 218-1 – 218-5 of the Republic of
Kazakstan Law "On Customs Matters in the Republic of Kazakstan", containing provisions on
intellectual property objects.
In addition, Kazakstan has expressed its intention to become a signatory to the following
International Agreements in the sphere of Intellectual Property Rights Protection:WT/ACC/KAZ/34
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The Nice Agreement Concerning the International Classification of Goods and Services for
Purposes of the Registration of Marks;
The Locarno Agreement Establishing an International Classification for Industrial Designs;
The Strasbourg   Agreement Concerning the International Patent Classification;
Budapest Agreement on International Recognition of Micro-organisms Deposit for Patent
Procedures;
The Treaty on Law of Trademarks.WT/ACC/KAZ/34
Page 7Draft of law Relevant WTO AgreementsAgency responsible for drafting and the current status of
draftExpected date of draft
submission to the Parliament
of the Republic of Kazakstan
On Commercial Secrets Agreement on Trade Related Aspects
of Intellectual PropertyThe Agency on Natural Monopolies Regulation,
Protection of Competition and Small Business SupportThe Draft has been submitted
to the Parliament in August2000
On Legal Protection of Layout Design of
Integrated MicrocircuitsAgreement on Trade Related Aspects
of Intellectual PropertyThe Ministry of Justice The Draft has been Submitted
to the Parliament in January
2001
On amendments and additions to theLaw of the Republic of Kazakstan "OnPlants Quarantine"Agreement on the Application of
Sanitary and Phytosanitary MeasuresThe Ministry of Agriculture. The draft will be submitted
to the Ministry of Justice in FebruaryThe draft will be submitted to
the Parliament in April 2001
On Post General Agreement on Trade in
ServicesThe Ministry of Transport and Communications. The
draft will be submitted to the Ministry of Justice inMarchThe draft will be submitted to
the Parliament in May 2001
On Advertising General Agreement on Trade in
Services
Agreement on Trade-Related Aspects
of Intellectual Property RightsThe Agency on Natural Monopolies Regulation,
Protection of Competition and Small Business Support
and the Ministry of Culture, Information and Public
Accord. The draft will be submitted to the Ministry ofJustice in MarchThe draft will be submitted to
the Parliament in May 2001
On State Protection and Support ofInvestmentsGeneral Agreement on Trade in
ServicesAgreement on Trade-RelatedInvestment MeasuresThe Ministry for Foreign Affairs, the Ministry of
Finance, the Ministry of Economy and Trade. The draftwill be submitted to the Ministry of Justice in AprilThe draft will be submitted to
the Parliament in June 2001
On Franchising General Agreement on Trade in
ServicesThe Ministry of Economy and Trade and the Ministry of
Energy and Mineral. The draft will be submitted to the
Ministry of Justice in MayThe draft will be submitted to
the Parliament in September
2001
On amendments and additions to the law
"On Safeguard Measures on GoodsImportation to the Domestic Market"Agreement on Safeguards
Agreement on Implementation ofArticle VII of the General Agreementon Tariffs and Trade 1994The Ministry of Economy and. The draft will be
submitted to the Ministry of Justice in JuneThe draft will be submitted to
the Parliament in August 2001
Forestry Code of the Republic ofKazakstanAgreement on Agriculture
General Agreement on Trade inServices
Agreement on Trade-Related
Investment MeasuresThe Ministry of Natural Resources and Environment
Protection. The draft will be submitted to the Ministryof Justice in JuneThe draft will be submitted to
the Parliament in October2001
On Plants Protection Agreement on Agriculture The Ministry of Agriculture. The draft will be submitted
to the Ministry of Justice in JuneThe draft will be submitted to
the Parliament in October2001WT/ACC/KAZ/34
Page 8 Draft of law Relevant WTO AgreementsAgency responsible for drafting and the current status of
draftExpected date of draft
submission to the Parliament
of the Republic of Kazakstan
On amendments and additions to theDecree of the President of the Republicof Kazakstan, having force of a law "On
Accountancy Book-Keeping"General Agreement on Trade in
ServicesThe Ministry of Finance. The draft will be submitted to
the Ministry of Justice in JulyThe draft will be submitted to
the Parliament in September2001
On amendments and additions to theDecree of the President of the Republicof Kazakstan, having force of a law "OnUse of Air Space and Aviation Activityof the Republic of Kazakstan"General Agreement on Trade in
ServicesThe Ministry of Transport and Communications. The
draft will be submitted to the Ministry of Justice inAugustThe draft will be submitted to
the Parliament in October2001
On amendments and additions to theLaw of the Republic of Kazakstan "On
Education"General Agreement on Trade in
ServicesThe Ministry of Education and Science. The draft will
be submitted to the Ministry of Justice in AugustThe draft will be submitted to
the Parliament in October
2001
On Trade General Agreement on Tariffs and
Trade 1994
Agreement on Trade-RelatedInvestment MeasuresAgreement on Technical Barriers toTradeThe Ministry of Economy and Trade and the Ministry of
Energy and Mineral Resources. The draft will be
submitted to the Ministry of Justice in SeptemberThe draft will be submitted to
the Parliament in November
2001
On Seed Growing Agreement on Agriculture The Ministry of Education and Science and the Ministry
of Agriculture. The draft will be submitted to the
Ministry of Justice in OctoberThe draft will be submitted to
the Parliament in December
2001
On Maritime Transport General Agreement on Trade in
ServicesThe Ministry of Transport and Communications. The
draft will be submitted to the Ministry of Justice inOctoberThe draft will be submitted to
the Parliament in December2001
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