RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/KAZ/43/Rev.1 
7 September 2004 
 
 (04-3728) 
Working Party on the 
Accession of Kazakhstan Original:   English 
 
 
 
ACCESSION OF KAZAKHSTAN 
 
Memorandum on Foreign Trade Legislation  
 
Revision  
  
 The following submission, dated 2 September 2004,  is being circulated at the request of the 
Delegation of the Republic of Kazakhstan. 
 
 
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 WT/ACC/KAZ/43/Rev.1 
Page 2 Table 1 - Changes in Foreign Trade Related Legislation1 
 
Foreign Trade Related Laws that have been Adopted Since March 2004  
  
Name of the Law Corresponding 
WTO Agreement Description of the Law Signed by President of the 
Republic of Kazakhstan 
On Compulsory Insurance in Crop Production Agreement on Agriculture 
(Annex 2) 
 General Agreement on Trade in 
Services  The main objective of the Law is to protect property 
interests of crop producers from the consequences of 
adverse affects entailing partial or full loss of yield. The Government will share in insurance payments in cases, in 
amount and in order as stipulated in this Law. 10 March 2004  
On Food Products Quality and Safe ty Agreement on the Application of 
Sanitary and Phytosanitary Measures  
 The Law has been developed to regulate the relations in the 
field of food product quality and safety assurance for the safety of people and environment within the territory of 
Kazakhstan. The Law ensures the people's health protection 
by stipulating appropriate co nditions for food production 
processes, storage, handling, sale and consumption; it 
provides for development of measures to prevent entry of 
low quality and harmful food products to the domestic 
market. 8 April 2004  
On Trade Regulation General Agreement on Tariffs 
and Trade  
General Agreement on Trade in 
Services   The Law has been elaborated to regulate trade activities and 
develop trade infrastructure. Besides, it gives determinations of trade objects, forms and methods of state 
regulation of trade, sets requirements toward subjects of 
trade activities and commodities.  
Moreover, the Law differentiates the authority of the 
Government, the authorized  body, central and local 
executive bodies in sphere  of trade regulation. 
 
The legal status of Chambers of Commerce and Trade Representations of the Republic of Kazakhstan is also 
provided in the Law.  12 April 2004 
                                                      
1 This is to advise on the current work regarding bringing the national foreign trade legislation in conformity with the rules a nd principles of the WTO.  
 
  WT/ACC/KAZ/43/Rev.1
 Page 3Name of the Law Corresponding 
WTO Agreement Description of the Law Signed by President of the 
Republic of Kazakhstan 
On Communication General Agreement on Trade in 
Services   The Law provides a legal basis for the telecommunication 
operations in the territory of the Republic of Kazakhstan. It is aimed at development of competition in all sectors of the 
telecommunications market, provision of universal services 
and compensatory mechanisms fo r the losses of operators, 
working in the rural areas an d those providing universal 
services from the Universal Se rvice Fund. It also defines 
the authority of government in regulation of the telecommunications market, and sets out the rights and 
liabilities of natural and legal persons, providing and 
consuming telecommunication services. 5 July 2004 
On Making Amendments and Addenda to 
Certain Legal Acts of the Republic of 
Kazakhstan on Communication General Agreement on Trade in 
Services  
 Within the framework of the national telecommunications 
market liberalization policy, the Law has introduced 
amendments into the Law of Kazakhstan "On national 
security".  According to th e Law, JSC "Kazakhtelecom's" 
exclusive right to provide long-distance and international 
call services have been remove d.  The Law also introduces 
limitations towards foreign natural and juridical persons' 
rights on direct and/or indirect ownership, use and/or 
management of more than 49% of voting shares, share fractions, and shares in legal entities that work in 
telecommunication sector as an  operator of a long-distance 
or international call service, owning land lines. 5 July 2004 
 
On Domestic Water Transport General Agreement on Trade in 
Services  
 The Law regulates social relations among water transport 
governmental bodies and organizations of Kazakhstan, 
forwarders, consignors, consignees, and passengers and 
other persons and legal entities during navigation, waterage, passenger's transportation, as  well as determines their 
rights, liabilities and responsibility regarding the domestic 
water transport. 6 July 2004 
On Investment Funds Agreement on Trade-Related 
Investment Measures 
 The Law has been developed to improve the organizational 
forms of investments and development of investment 
operations in Kazakhstan; to mitigate the existing 
unnecessary regulative measures that impede establishment of new investment funds and trusts, transition from the 
existing organization of investment funds in the form of 
joint stock companies to the system of investment trusts.  7 July 2004  
 
 WT/ACC/KAZ/43/Rev.1 
Page 4 Name of the Law Corresponding 
WTO Agreement Description of the Law Signed by President of the 
Republic of Kazakhstan 
On Protection, Replication and Use of Animal 
World General Agreement on Trade in 
Services   The Law provides for harmonization of the legal relations 
in the field of animal world preservation and use with the norms of the existing legislation on environment protection, 
on special protected natural territories, forest and water 
resources, on land relations, etc. in order to provide environment for the existence of the animal world, for 
retention of their diversity and integration of the natural 
communities. 9 July 2004 
On Making Amendments and Addenda to 
Certain Legal Acts of the Republic of 
Kazakhstan on Intellectual Property Issues Agreement on Trade-Related 
Aspects of Intellectual Property 
Rights The Law has been developed with the purpose of bringing 
the national legislation on intellectual property rights into 
compliance with the requirements of the WTO TRIPS 
Agreement, other international treaties and agreements that regulate the sphere of intellect ual property rights protection. 
 
The Law introduces amendments and addenda to a number of laws concerning the intellectual property rights, 
including the Law of the Republic of Kazakhstan "On 
Copyright and Related Rights", particularly with regard to  
retrospective protection of the rights on works.  
 The amendments introduced by the Law ensure that 
Kazakhstan meets the requirements  of the Article 18 of the 
Bern Convention for the Protection of Literary and Artistic Works and Article 9 (1) of the WTO TRIPS Agreement. 9 July 2004 
On Amendments to Some Legislative Acts of 
the Republic of Kazakhstan  on Plants 
Protection Issues Agreement on Application of 
Sanitary and Phytosanitary 
Measures   
General Agreement on Trade in 
Services The Law has been developed to improve the state system of 
plants protection, increase effectiveness of protective 
measures and enhancement of the pesticides use control, which will reduce the risk of possible negative impact of 
the chemicals on the health of the population and 
environment, create additional barriers for penetration to the Kazakh market of prohibite d and other toxic chemicals, 
including those related to the persistent organic pollutants.    9 July 2004 
On Amendments and Addenda to Some 
Legislative Acts of the Republic of Kazakhstan Accounting and Financial 
Reporting Issues General Agreement on Trade in 
Services The Law has been developed to further enhancement of the 
accounting and financial reportin g system in the Republic 
of Kazakhstan in accordance with  the international financial 
reporting standards.  11 July 2004 
 
 
  
 
  WT/ACC/KAZ/43/Rev.1
 Page 5Table 2 - Plan of Draft Laws for 20042 
 
Name of Draft Law WTO Agreement Contents of Law Date of Introduction of Draft Law 
to the Parliament of the Republic 
of Kazakhstan 
On Technical Regulations Syst em  Agreement on Technical 
Barriers to Trade  
 The Draft Law has been developed to ensure transition of the 
national technical regulation sy stem of Kazakhstan to the 
international technical regulation standards and to bring it into conformity with the TBT Agreement.  
 
The principle distinction of the Draft Law comparing to the acting 
legislation is the introduction of technical regulations of mandatory 
nature and voluntary standards.   Introduced to the Parliament on 
26 June 2004 
On Amendments to Some Legislative 
Acts of the Republic of Kazakhstan with Respect to Intellectual Property 
Rights Agreement on Trade 
Related Intellectual Property Rights The Draft Law has been developed pursuing the recommendations of 
the World Alliance On Intellectual Property Protection (WIPO) to 
enhance the criminal and administrative legislation of Kazakhstan by 
strengthening of responsibility measures (punishments) for 
infringements of intellectual property rights.  Will be introduced to the 
Parliament in October 2004  
On Amendments and Addenda to the Law of the Republic of Kazakhstan 
"On Sanitary-and-Epidemiological 
Welfare" 
 Agreement on the 
Application of Sanitary 
and Phytosanitary 
Measures  
 The Draft Law has been developed to bring legal norms in the sphere 
of sanitary and epidemiological welfare regulation of Kazakhstan 
into conformity with the requirements of the SPS Agreement. In 
particular, the Draft Law stipulates provisions on harmonization with 
international norms and rules, equivalence, non-discrimination 
principles, risk assessment methods, etc.  Will be introduced to the 
Parliament in  
November-December 2004 
On Amendments and Addenda to the 
Law of the Republic of Kazakhstan 
"On Environmental Protection" 
Regarding the Waste Production and Consumption Issues.   Agreement on the 
Application of Sanitary 
and Phytosanitary 
Measures   
General Agreement on 
Trade in Services The Draft Law has been developed to regulate relations arising in the 
process of waste production and consumption in order to prevent, 
reduce and liquidate their harmful impact on the environment, 
protect health of the population, and regulate use of wastes in economic activities as additional sources of raw materials.    Introduced to the Parliament on 
14 November 2003 
On Amendments to Some Legislative Acts with Respect to Auditing  
Activity  General Agreement on 
Trade in Services  The Draft Law has been developed to facilitate development of 
auditing business in the Republic  of Kazakhstan, improve the 
investment climate in the country  and determine the responsibility 
and accountability of auditors and auditing firms. The Draft Law is 
also aimed at bringing auditing activity into conformity with the 
international standards of audit. Introduced to the Parliament on 
6 November 2003 
                                                      
2 Draft Laws that have been developed by st ate bodies of the Republic of Kazakhstan an d planned to be adopted this year and brie f content provided. 
  
 
 WT/ACC/KAZ/43/Rev.1 
Page 6 Name of Draft Law WTO Agreement Contents of Law Date of Introduction of Draft Law 
to the Parliament of the Republic 
of Kazakhstan 
On Amendments to the Law of the Republic of Kazakhstan "On Natural 
Monopolies"  Agreement on the 
Application of Sanitary 
and Phytosanitary 
Measures   
General Agreement on 
Trade in Services The Draft Law has been developed to determine state regulation in 
the sphere of natural monopolies, including approval of investment 
tariffs, maximum tariff rates, procedures for using separate income 
accounts, the coordinated registration policy.   
Certain types of services, that were  earlier considered to be in the 
sphere of natural monopolies subject for state regulation, have been excluded from the list of natural monopolies.  Introduced to the Parliament on 
8 April 2004 
On Amendments to the Law of the 
Republic of Kazakhstan "On 
Licensing" to Enhance Efficiency of the Licensing System  General Agreement on 
Trade in Services  
 General Agreement on 
Tariffs and Trade  The Draft Law has been developed to simplify permission 
procedures and further improve licensing system. The draft Law also 
envisages inclusion of certain types of activities related to environmental protection and use of natural resources into the list of 
activities/services subject for licensing. Introduced to the Parliament on 
23 April 2004 
On International Commercial 
Arbitration  General Agreement on 
Trade in Services The Draft Law has been developed to regulate the institutional and 
legal aspects of the work of international arbitrage, determine the procedures and conditions required for recognition/admission and 
execution of decisions made by the international arbitrage in the 
territory of Kazakhstan. Introduced to the Parliament on 
1 April 2004 
On Competition and Limitation of 
Monopolistic Activity  General Agreement on 
Trade in Services 
 General Agreement on 
Tariffs and Trade The Draft Law has been developed to establish the criteria for 
definition of market subjects (groups of persons), occupying a 
dominating (exclusive) position in the certain commodity market. The Draft Law also prohibits and invalidates anticompetitive actions 
of market subjects, occupying a dominating (exclusive) position in 
the certain commodity market, which have or could have led to restriction of competition and abuse of their dominating position. Will be introduced to the 
Parliament in October 2004 
On Amendments to Some Legislative Acts of the Republic of Kazakhstan 
With Respect to Investments     The Draft Law has been developed to enhance transparency and 
establish clear procedures for provis ion of investment preferences to 
firms, performing investment activities. The draft Law is also aimed at creation of more favourable i nvestment climate in the country. 
 
The norms, establishing the order and procedures to monitor investors' performance of their contract obligations will be added 
into the draft Law.  Introduced to the Parliament on 
28 June 2004  
 
  WT/ACC/KAZ/43/Rev.1
 Page 7Name of Draft Law WTO Agreement Contents of Law Date of Introduction of Draft Law 
to the Parliament of the Republic 
of Kazakhstan 
On Amendments and Addenda to the Certain Legislative Acts of the 
Republic of Kazakhstan on Taxation 
Issues General Agreement on 
Trade in Services  
 
General Agreement on Trade  and Tariffs  The Draft Law provides a greater range of investment tax incentives, 
introduction of the norm stimulating domestic enterprises to 
manufacture high value added goods and implementation of quality 
and environment management systems, which meet the international standards. 
 
In order to stimulate the renewal of updated fixed capital, a new method of calculation of depreciation charges and counting repair 
expenses of fixed capital against deductions will be introduced by 
the Draft Law. Introduced to the Parliament on 
27 August 2004 
On Currency Regulation and Currency Control  General Agreement on 
Trade and Tariffs,  
General Agreement on 
Trade in Services The Draft Law has been developed to ensure transition to the 
international principles of curren cy transactions and regulation of 
capital flows, creation of an effectiv e legislative base for a stage-by-
stage transition to the principles of full convertibility of the national currency.  
 
The Draft Law also stipulates th e clear mechanisms for currency 
monitoring and the basic procedures required for a new regime of 
currency transaction notifications. Will be introduced to the 
Parliament in September 2004  
On Amendments to the Customs Code of the Republic of Kazakhstan  General Agreement on 
Trade and Tariffs 
 The Draft Law has been developed with the purpose of bringing the 
Customs Code of the Republic of Kazakhstan in conformity with the 
key provisions of the taxation le gislation of Kazakhstan, the 
International convention on simplification and harmonization of customs procedures (Kyoto Convention), and the relevant WTO 
Agreements.  
 The Draft Law foresees simplifica tion of the customs procedures, 
creation of favourable conditions fo r participants of foreign trade 
activities, improvement of customs administration with regard to movement of goods and vehicles through the customs border of the 
Republic of Kazakhstan and other customs procedures. Will be introduced to the 
Parliament in October 2004 
The Labour Code General Agreement on 
Trade in Services The Draft Law has been developed to create the legal base required 
for balancing the interests of all parties to labour relations,  protection of labour and social rights of employees with due 
consideration of employers interests and  determination of state 
control mechanisms over the application of those rights.   Will be introduced to the 
Parliament in December 2004   
 
 WT/ACC/KAZ/43/Rev.1 
Page 8 Name of Draft Law WTO Agreement Contents of Law Date of Introduction of Draft Law 
to the Parliament of the Republic 
of Kazakhstan 
On Culture  General Agreement on 
Trade in Services The Draft Law represents the new revision of the Law of the 
Republic of Kazakhstan "On Culture". The draft Law provides for 
the legal, economic, social and institutional base for the national 
regulation of public relations arising in the sphere of creation, resurgence, preservation, development, use and distribution of 
culture in the Republic of Kazakhstan. Introduced to the Parliament on 
24 June 2004 
On Cinema   General Agreement on 
Trade in Services The Draft Law has been developed to create the legislative base for 
relations arising in the field of cinematography. The Draft Law considers cinematography as one of the complex kinds of cultural 
activity that consists of the interconnected processes for creation, 
duplication, use and protection of audiovisual products. Will be introduced to the 
Parliament in December 2004  
On Information and Protection of the Information General Agreement on 
Trade in Services The Draft Law has been developed to establish the legislative 
framework so that each citizen coul d exercise its constitutional right 
to search for and receive informati on; to precisely define the rights 
of participants of the information flow processes; to legally establish information resources as property subject to property rights; to 
determine types of information that are subject to limited distribution 
and to establish a legal framework for those types of information. Will be introduced to the 
Parliament in December 2004 
 
 
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