RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/KAZ/37/Add.1
20 September 2002
(02-5042)
Working Party on the
Accession of KazakhstanOriginal:  English
ACCESSION OF KAZAKHSTAN
Additional Questions and Replies
Addendum
The Ministry of the Economy and Trade of the Republic of Kazakhstan has submitted the
following replies to the additional questions submitted by Members.  The replies are reproduced
hereunder.
_______________WT/ACC/KAZ/37/Add.1
Page i
TABLE OF CONTENTS
II. ECONOMY, ECONOMIC POLI CIES AND FORE IGN T RADE ......................................1
1. Economy ...................................................................................................................... ..............1
(a) General de scription......................................................................................................... ..........1
2. Economic Policies............................................................................................................ ..........1
(a) Main directions of the ongoing economic policies..................................................................1
IV. POLICIES AFFECTING TRADE IN GOODS .....................................................................7
1. Import Regulation............................................................................................................ .........7
(d) Other duties and charges.................................................................................................... ......7
(e) Quantitative impo rt restrictions............................................................................................ ..7
(f) Import licensing procedures ................................................................................................. ...7
(h) Customs valuation........................................................................................................... ..........8
2. Export Regulation............................................................................................................ .........9
(d) Export licensing procedures................................................................................................. ....9
(f) Export financing, subsidy and promotion policies.................................................................9
3. Internal Policies Affectin g Foreign Trade in Goods..............................................................9
(b) Technical regulations and standards ....................................................................................10
(c) Sanitary and phytosanitary measures...................................................................................12
(d) Trade-related inve stment measures ......................................................................................13
(e) State-tradi ng practices ..................................................................................................... ......14
(l) Government procurement practices .....................................................................................15V. TRADE-RELATED INTELLECTUAL  PROPERTY REGIME.......................................18
1. General...................................................................................................................... ...............18
APPENDI X 1..................................................................................................................... ...................24
APPENDI X 2..................................................................................................................... ...................26
APPENDI X 3..................................................................................................................... ...................32WT/ACC/KAZ/37/Add.1
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II. ECONOMY, ECONOMIC POLICIES AND FOREIGN TRADE
1. Economy
(a) General description
Question 1
Document WT/ACC/KAZ/34 provides a list of  foreign trade related laws adopted by
Kazakhstan during the period October 1998 to April 2001.  Does this list identify all pieces of
legislation adopted during that period that Kazakhstan considers relevant to its WTO
accession?  Please identify more precisely which elements of the WTO agreements each piece of
legislation is intended to address, and clarify whether the individual pieces of legislation are
intended to replace or to co-exist with ot her existing legislation on the same subject?
Answer:
At present the document WT/ACC/KAZ/34 is being updated and it will be submitted to the
WTO Secretariat upon its readiness.
2. Economic Policies
(a) Main directions of the ongoing economic policies
Please identify those industries and services sectors which Kazakhstan considers to be "natural
monopolies".  Please identify the criteria on which such a judgement is based.  How frequentlyare reviews undertaken to determine whether it is appropriate for a "natural monopolies" to
continue in any given product or service sector?
Please provide updated information on the produc ts subject to price controls. Is there are "dual
pricing" of specific goods or services (e.g. di fferent prices applied depending on whether the
good/service concerned is intended for sale on the domestic market rather than for export)?
To what extent do prices charged by so called "natural monopoly" suppliers of goods and
services differ depending on whether they are sold to a domestic or foreign purchaser or (in the
case of services associated with the sale of good s) relate to goods destined for export rather than
for domestic consumption?
Does Kazakhstan consider that there are any industries or services sectors in which "local
natural monopolies" could be said to operate?  If so, how do central authorities regulate the
pricing decisions made at sub-national level (b y regions, localities) in respect of the prices
charged for goods and services by such "local natural monopolies"?
Answer:
Pursuant to the Law of the Republic of Kazakhstan (Republic of Kazakhstan) "On natural
monopolies", the subjects of natural monopoly are the managing subjects, carrying out the following
kinds of activity:
− Oil and/or oil products transportation over the main pipelines;
− Production of oil products;WT/ACC/KAZ/37/Add.1
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− Storage, gas and gas condensate transportation over the main and/or distributing
pipelines, exploitation of gas distributing equipment and connected to them gasdistributing, gas pipelines;
− Electric and/or heat energy tr ansmission and/or distribution;
− Heat energy production by heating boiler-houses, stations with combined type of
production;
− Technical dispatching control services of line supply and power consumption;
− Railway mainlines' network and approach roads' services;
− Air navigation, port, airport services;
− Telecommunication services with use of local lines network;
− Aquacultural and/or sewage systems services; and
− Generally accepted postal communication services.
Subjects of natural monopoly, irrespective of property forms, are subject to inclusion into the
State register of natural monopoly subjects.
The order of inclusion and exclusion from the State register of natural monopoly subjects is
set up by the Agency of the Republic of Kazakhstan on regulation of natural monopolies, protection
of competition and support of small business (further -Agency).  In this connection, in conformity
with the Laws of the Republic of Kazakhstan  "On natural monopolies" and "On development of
competition and restriction of monopoly activity" the Rule of formation and keeping of a Stateregister of natural monopoly subjects of the Republic of Kazakhstan" (the Rules are approved by the
order of the Committee of the Republic of Kazakhstan on natural monopolies regulation and
protection of competition of 19 August 1998 No. 03-5 OD,  registered by the Ministry of Justice of the
Republic of Kazakhstan of 16 November 1998 No. 645).
In conformity with the above Rules the Register is formed on the basis of State register of
legal persons of the Republic of Kazakhstan, made by the Ministry of Justice of the Republic of
Kazakhstan (its territorial bodies) pursuant to the Civil Code and Decree of the President of the
Republic of Kazakhstan, in force, "On state registration of legal persons".
The ground for inclusion of the subject into the Register is carrying out by it of a kind of
activity, which is referred to the sphere of natural monopoly and recognition of its position asdominating at the market.  In this case the legal pe rsons, carrying out an activity, referred to the
sphere of natural monopoly, but related to the objects operation, designed exclusively for own needs,
do not enter the Register.
State register consists of republican and local sections, republican section of the Register is
formed and kept by the central authorized body (Agency) and includes the natural monopoly subjects,
carrying out kinds of activity, referred to the natural monopoly sphere, at the republican market, i.e. at
the market, the frontiers of which fall outside the limits of one branch.
Local sections of the Register are formed and kept by territorial authorized bodies (territorial
Agency Departments) and cover natural monopoly subjects, carrying out kinds of activity, referred to
natural monopoly sphere, at the local markets with frontiers, laying within the boundaries of one
oblast, town, region, settlement and other local territories.
Pricing order for the goods and services of natural monopoly subjects is regulated by the
Instruction on order of approving and introduction of prices (tariffs) for goods, works and services of
natural monopoly subjects, approved by the Order of the Agency of 6 August 1999 No. 59-OD,
irrespectively on their belonging to the republican or local sections of State register of natural
monopoly subjects. In this case, applications for approval of tariffs of natural monopoly subjects,WT/ACC/KAZ/37/Add.1
Page 3
included into the republican section of the Register, are considered by the central Agency, and
applications from natural monopoly subjects, referred to the local section of the Register - territorial
Agency Departments.
Regarding the tariffs on services of natural monopoly subjects, rendered on the domestic and
foreign markets.
While establishing tariffs for services of natural monopolies subjects of telecommunication
sector the antimonopoly legislation of the Republic of Kazakhstan regulates the issues at the intra-
republican level, in case of rendering services to foreign consumer the tariffs are regulated by rules of
international law.
Tariff changes on the subjects of "natural monopoly" could be made no more than once in two
quarters.
Currently tariffs for transit of freight and passengers by railway transport in conformity with
established antimonopoly legislation, are regulated by the Agency and have to cover all the carrier's
costs of carrying managing activity.
Tariffs for freight transit in intra-republican communication are calculated according to the
rates of Price-list 10-01 "Tariffs for freight railway transit" of 1989 with regard for maximum
indexing ratios, set up by the Agency.
New "Tariff for export-import freight railway transit" has been calculated on the basis of
Price-list 10-01 with recalculation into Swiss francs  of tariffs level in effect in intra-republican
communication, as well as ITT principles (international transit tariff) are applied in case of calculation
of tariff distances.  Export-import freight transit cost is calculated according to the rates, set up in
Swiss francs and recalculated into the payment currency in KZT at the rate of National Bank of theRepublic of Kazakhstan at date of payment.
Tariffs for transportation of freight by transit traffic are not regulated by the Agency.
Moreover, with the purposes of flexible tariff regulation by the order of the Agency of
December 1999 No. 24-OD the Rules of setting up and cancellation of decreasing ratios to the tariffs
for freight transit by railway transport, subject to  state regulation were approved, in conformity with
which, in case of economic efficiency for state and economic expediency for transport enterprise and
consumer of its services, decreasing ratios to the tariffs are set up.
Tariffs for transportation of passengers by railway transport are also regulated by the Agency,
in this case the base tariff rates are set up in Swiss francs.
As of today the following services of airports are subject to state regulation:
− Take off-landing of aircrafts;
− Aviation safety provision;
− Servicing of passengers;
− Freight handling;
− Meeting-launching of aircrafts;
− Technical maintenance of aircrafts;
− Provision of aircrafts with petroleum products.WT/ACC/KAZ/37/Add.1
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Tariffs and prices for land servicing, not included for compulsory regulation, are established
by air enterprises, carrying out land servicing of aircrafts, independently and approved by the first
chief.
For services regulation in the area of sea-ports since 1 December 1999 the Procedure of
calculation of rates and fees for works and services, rendered by "Aktau Sea Commercial Port"(ASCP) Republican State Enterprise (RSE) was approved by the Agency.  On the basis of the
Procedure a price-list of charges and payments has been calculated and approved, according to which
the following charges are regulated by the Agency:  tonnage dues, light dues, berthage, anchor dues,
canal dues, mooring dues, quarantine dues, environmental protection measures dues, freight
transshipment.
Conducting price policy in air navigation is targeted for support to domestic air companies.
Kazakhstani air companies, carrying out regular domes tic airline traffic, have certain privileges.  In
particular, under the Enactment of Antidumping Committee of 16 March 1998 No. 1/10, air
companies pay 50 per cent of tariffs for air navigation inspection.
Thus, as of today, in case of collection of current tariffs the principle of their differentiation is
laid, depending on the category of air space users.  However, considering the world expertise, stage-
by-stage transition from application of differentiated tariffs according to categories of users toapplication of unified approach to collection of tariffs.
Tariffs for services of natural monopoly subjects of energy sector are established as unified
both for domestic market and for foreign one.
So, according to existing calculation procedure of tariffs for oil transportation over the main
pipelines of the Republic establishment of unified tariffs for oil transportation services over the mainpipelines to the domestic market and export is provided.  With the introduction of this procedure the
export component in the amount of US$ 3.3 million per one ton is abrogated.
Current tariff for oil transportation services is established in the amount US$15 million per
one ton for 1,000 km (excluding VAT).
At the same time, payment for oil transportation se rvices in case of delivery of oil to the oil-
refining enterprises of the Republic of Kazakhstan for processing, is effected according to the tariffs,
recalculated in KZT at the official rate of the National Bank of the Republic of Kazakhstan.  An
indicated payment order is established with a view of domestic oil products market protection. Short-
received profit from transportation to the domestic market CSC "KazTransOil" does not transfer to
export transportation tariff.
- Pricing policy
The process of prices liberalization in the Republic was initiated by the Decree of the
President of the Republic of Kazakhstan, adopted in 3 January 1992, No. 569 "On measures for prices
liberalization". The Decree was adopted for the purposes of stabilization of socio-economic situation
in the Republic and creation of conditions for formation of market relations in the economy.  Since
1992 the transition for applying of free (retail) prices for products of industrial-engineering purpose,
consumer goods, works and services has began.
At present time state regulation has been maintained only in the sphere of natural monopolies.
The Law of the Republic of Kazakhstan "On competition and monopoly activity restriction"
of 19 January 2001 No. 144 stipulates adoption of decision on introduction of state regulation ofWT/ACC/KAZ/37/Add.1
Page 5
prices for the goods and  services of the subjects, dominating on the certain market.  This decision is
to be adopted by the antimonopoly body in conformity with the Rules, established by the Resolution
of the Government of the Republic of Kazakhstan.  At the same time, one of the conditions of
regulation of activity of managing subjects, recognized by monopolists on the competitive markets, is
an availability of subject's real domination, enabling them to take advantage of their position in longterm perspective and derive a monopoly excess profit or, when the activity of such subject on the
market leads to serious unfavorable economic consequences.
Prices and tariffs regulation policy is directed at ensuring of economic stability on the
commodity markets of the Republic of Kazakhstan.  State policy in pricing sphere is targeted for
provision of:
− regulation of prices and tariffs for services of natural monopoly subjects;
− regulation of prices and tariffs for the services rendered by enterprises exclusively;
− regulation of amount of payment for services, rendered by state bodies in conformity with
the legislative acts of the Republic of Kazakhstan; and
− counter-action against unfair competition of some producers on the commodity markets.
The State register of market subjects, holding dominating (monopoly) position on the certain
commodity market, as of 2001 covers about 700 subjects of the market.
Currently in the republican section of the register there are three oil-refining plants for oil
processing and fixed prices have been set up for this kind of services.
Question 2
Is the "destination principle" for VAT now fully applied in respect of imports from and exports
to other CIS countries?  Is any distinction made on the basis of the products concerned?  Is it
therefore now the case that there is no differen tial treatment of imports from and exports to
other third country destinations in comparison to imports/exports of the same goods to or from
the CIS countries?
Is Vat levied on the export of any goods?In relation to excise duties, document WT/ACC/KAZ/29 indicates that the calculation of the
excise duties applied to alcohol, tobacco, automobiles and fuels is undertaken in a different
manner depending on whether domestically produced or imported products are involved (for
specific duties that are calculated in tenge versus  specific duties calculated in Euro)?  How does
Kazakhstan propose to ensure its legislation a nd practice are consistent with the national
treatment obligations of GATT Article III?
Answer:
Goods produced in Kazakhstan and imported to its territory are imposed by value added tax.
Country of "destination principle", used while imposition of indirect taxes, is applied at present time
with regard to all the countries, excluding Turkmeni a.  This principle is effective with the Russian
Federation since 1 July 2001.  The differentiated treatment based on the names of products and with
regard to the third countries and the CIS is lacking.
Turnover of sale of goods for export, excluding nonferrous and iron-and-steel scrap export, is
imposed by VAT according zero tariffs.WT/ACC/KAZ/37/Add.1
Page 6
With regard to national treatment commitments it should be noted that within the framework
of the Plan of measures for accession of Kazakhstan to the WTO the paragraph on unification of
excise taxes on produced in Kazakhstan and imported products to the end of 2005 is stipulated.
Question 3
We understand that the Government of Kazakhstan is in the process of preparing a new
Investment Law.  Please provide further details of the timing and content of this legislation.
Can Kazakhstan confirm that the new legislation will extend the principle of equal treatment
between domestic and foreign investors?  Under what conditions will "forced alienation" (i.e.
re-nationalisation) be foreseen?  Can Kazakhs tan confirm that any investment incentives
foreseen under the legislation will be consistent  with relevant WTO obligations, including those
under the TRIMS and Subsidies agreements?
Answer:
For the purpose of further improvement of investment legislation with regard for changing
conjuncture on the world markets of capital the Draft Law of the Republic of Kazakhstan "On
investments" has been prepared and under consideration of Majilis of the Parliament, the main
provision of which is creation of uniform treatment for domestic and foreign investors.
With regard to the issue of "forced alienation " under the provisions of the Article 8 of Draft
Law of the Republic of Kazakhstan "On investment s" the following is guaranteed to the investor:
− compulsory alienation of investor's property, either of the property of a legal person,
which belongs to him (nationalization, requisition) for state needs is admitted in exclusive
cases, stipulated by the legislative acts of the Republic of Kazakhstan, subject to its
equivalent compensation;
− in case of nationalization, losses, borne by the investor in connection with issue of
legislative acts of the Republic of Kazakhstan on nationalization are to be compensated in
total volume to him, either to the legal person, which belong to him;
− requisition of the investor's property, either of property of legal person, which belongs to
him is fulfilled with payment to him of market cost of property;
− assessment, according to which  the cost of requisite  property  was  compensated, may be
disputed in judicial order; and
− in case of termination of circumstances, in connection with which a requisition was
fulfilled, investor, either belonging to him legal person has the right to demand for a
return  of  saved  property, but in this case he  has to return  received by him amount ofcompensation with regard for losses from decreasing of the property cost.
Regarding the issue on "regime of domestic and foreign investment" by paragraph 1 of the
Article 10 of indicated Draft Law it is stipulated that "any forms of foreign investments and related to
it activity, not prohibited by legislation in force of the Republic of Kazakhstan, are carried out on
conditions not less favourable than those, which are given to the investments of natural and legalpersons of the Republic of Kazakhstan, either any other foreign natural and legal persons, excluding
cases, stipulated by the legislative acts of the Republic of Kazakhstan.
In addition, provisions of the indicated Draft Law do not contradict to the circumstances,
referring to the WTO, including to the Agreement on trade related investment measures (TRIMs), as
well as to the Agreement on subsidies and compensation measures.WT/ACC/KAZ/37/Add.1
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IV. POLICIES AFFECTING TRADE IN GOODS
1. Import Regulation
(d) Other duties and charges
Question 4
The answers given in document WT/ACC/KAZ/22 relating to the issue of fees and charges
levied for various services associated with import s continue to point to a lack of compliance with
the requirements of GATT Article VIII (that fees and charges should be related to the cost of
services rendered).  In particular, a customs clearance fee of 0.2 per cent ad valorem  is applied.
Please provide an update on the current regime, and indicate how Kazakhstan proposed to
bring its regime into line with relevant WTO requirements.
Answer:
At present time in the Republic of Kazakhstan the custom payments rates are established by
the Resolution of the Government of the Republic of Kazakhstan of 7 November 1995 No. 1479
(Appendix 1).
The Republic of Kazakhstan is obliged by the moment of accession to the WTO to bring its
customs duties for customs clearance in line with the Article VIII of GATT.  In connection with it,
currently the Ministry of state revenues of the Republic of Kazakhstan is working out of DraftCustoms Code of the Republic of Kazakhstan, in which a standard is stipulated, according to which
the cost of expenses for customs clearance formed  the basis of customs duties.  This Customs Code
will be targeted for unification of customs legislation in conformity with the WTO norms and rules of
Convention on harmonization and simplification of customs procedures (Kiot Convention 1974, with
regard for publication of 1999).
(e) Quantitative import restrictions
Question 5
Please identify the quantitative restrictions  on imports that are currently applied by
Kazakhstan, listing the products affected and the respective relevant GATT/WTO rationale for
each measure.
Answer:
By the Resolution of the Government of the Republic of Kazakhstan of 5 December 1998
No. 1243 "On introduction of restrictions of import and export of individual goods" the quota is set up
in the size of 3000 tons for  import of  grinding, forged spheres (HS Item code–7325 91 000, 7325 99,
7325 99 990,  7326 11 000, 7326 19, 7326 19 100, 7326 19 900).
(f) Import licensing procedures
Question 6Please provide updated information on all products subject to import licensing please indicate
whether licensing is automatic or non-automatic and identify the policy rationale for any such
measures.WT/ACC/KAZ/37/Add.1
Page 8
Answer:
The list of goods, export and import of which is carried out according to the licenses is
approved by the Resolution of the Government of the Republic of Kazakhstan of 30 June 1997,
No. 1037 "On licensing export and import of goods and services in the Republic of Kazakhstan"
(Appendix 2).
(h) Customs valuation
Question 7
Document WT/ACC/KAZ/34 refers to a new law on "Customs matters" in connection with the
requirements of GATT Article VII and the Customs Valuation Agreement.  Please provide
additional details.  Has a copy of the law been  submitted to the Working Party?  Does the law
incorporate relevant provisions of the Customs Valuation Agreement, including its Annex I?  Is
any further legislation planned to ensure comp liance with WTO requirements in respect of
customs valuation?
Some Members are concerned that  the present situation appears to rely on arbitrary valuation
methods and use of minimum prices.  When does Kazakhstan propose to adopt the transaction
value as the normal method for determin ing the customs value of imported goods?
Answer:
Customs value of imported goods to the customs territory of the Republic of Kazakhstan is
based on general principles of customs value of the General Agreement on tariffs and trade (GATT).
The copy of the Law of the Republic of Kazakhstan  "On customs in the Republic of Kazakhstan" was
delivered to the Secretariat of the WTO in 2001.
With the purposes of harmonization of regulatory documents on application of the Article VII
GATT by the appropriate customs body of the Republic of Kazakhstan the legal act, regulating the
order of application of customs value determinat ion methods, control by customs bodies officials of
customs value, terms of customs value notification and its adjustment has been elaborated.  Under the
Law of the Republic of Kazakhstan "On customs in the Republic of Kazakhstan" determination of
customs value on imported goods is fulfilled by application of the following six methods:
− According to the cost of transaction with imported goods;
− According to the cost of transaction with identical goods;
− According to the cost of transaction with homogeneous goods;
− Subtraction of the cost;
− Addition of the cost; and
− Reserve.
Alterations and amendments to the Law of the Republic of Kazakhstan "On customs in the
Republic of Kazakhstan, stipulating brining of the norms of the Law in the context of customs value
into line with the WTO requirements were adopted by the Law of the Republic of Kazakhstan of
16 July 1999 "On making amendments and alterations into the Decree of the President of the Republic
of Kazakhstan having force of a law "On customs in the Republic of Kazakhstan".  It should be alsomentioned that while elaboration of the Law on issues of customs value and others (countries of
origin, intellectual property) an opinion of experts of USAID project was completely taken into
consideration, offers of which provided bringing the norms of the Law into line with the WTO
requirements.WT/ACC/KAZ/37/Add.1
Page 9
Instructions, brought into line with the indica ted alterations and amendments to the Law are
adopted by the Order of the Customs Committee of the Ministry of state revenues of the Republic of
Kazakhstan of 6 February 2001 No. 42 "On customs value of goods, imported to the customs territory
of the Republic of Kazakhstan" registered in the Ministry of justice of the Republic of Kazakhstan of
30 March 2001 No. 1443.
2. Export Regulation
(d) Export licensing procedures
Question 8
What was the rationale for the in troduction of export duties and export licensing on scrap in
November 2000.  Please identify all products th at are subject to export duties and/or export
licensing.
Answer:
With a view of simplifying of waste and nonferrous (their alloys) and ferrous waste market,
raw materials supply of domestic enterprises, producing copper products, the Government of the
Republic of Kazakhstan adopted a Resolution of 14 November 2000 No.1713 "On measures for
regulating of secondary non-ferrous and ferrous metals".  Export customs dues are approved by the
Resolution of the Government of the Republic of Kazakhstan of 5 June 2000 No. 841 (Appendix 3).List of goods, subjected to export licensing, is shown in Appendix 2.
(f) Export financing, subsidy and promotion policies
Question 9
Can Kazakhstan confirm that it neither grants nor maintains any prohibited export subsidies in
the sense of Article 3:1 (a) of the ASCM, whether at the national, sub-national, regional or local
level?
Answer:
See the answer to the preceding quest ion regarding the industrial subsidies.
3. Internal Policies Affecting Foreign Trade in Goods
(a) Industrial policyQuestion 10
Are there any developments to rep ort in relation to the prohibited local-content based subsidies
referred to in the answer to Question 43 of document WT/ACC/KAZ/22?  What steps have been
taken to reduce or eliminate these measures, or  otherwise bring them into greater conformity
with WTO requirements?
Please describe the objective criteria and guide lines that govern the availability of regional
subsidies and their use by regional bodies.WT/ACC/KAZ/37/Add.1
Page 10
Answer:
Preferential treatments of taxation, including application of VAT zero rates for domestic
production and export of goods, as well as customs preferences for raw import for the branches of
light, food industries and machine-building, stipulated  by the Tax Code of the Republic of Kazakhstan
in 1999 with a view of rendering support to domestic processing industry at transitional period havebeen cancelled by the new Tax Code of the Republic of Kazakhstan since 1 January 2002.
In 2001 subsidizing only of heavy industry enterprises was effected:
− By the Government of the Republic of Kazakhstan 22 million KZT were allocated from
the Republican budget for maintenance of normal environmental situation at SC "Sary-Tas" in Karatau; and
− For conservation of uranium extracting enterprises and elimination of consequences of
environmental pollution 150 million KZT were allocated from the republican budget toRSE "Uranliquidrudnik".
In 2001 subsidizing at electric power industries, coal, oil and gas industries was not effected.
The renewed information of domestic subsidies is presented too:
Name of the good Export volumeAmount
US$ millionState subsidies
Chromic compounds  30,000 tons 15.4 Is not liable to VAT
Yellow phosphorus  19,000 tons 15.6 Tax break, preferences for monopolists' services
Ground phosphate rock  442,000 tons 8.8 Tax break, preferences for monopolists' services
Phosphate fertilizer  12,000 tons 0.8 Tax break, preferences for monopolists' services
Pneumatic tires 5200 units 0.15 Import duty for tire restoration at the rate of
30% is introduced
Sulfuric acid  23,000 tons 0.15 50% discounts on railway transport
Conveyer belts  730 tons 2.1 Import duties for cord fabric were reduced
With the purposes of OSC "Ispat-Karmet" products competitiveness raising for export transit
of metal-rolling by railway transport via Aktau commercial sea port the decreasing ratio 0.8 has beenset up.
(b) Technical regulations and standards
Question 11
Is the WTO TBT Enquiry Point now operational?  What other measures have already been
implemented to meet the other transparency and publication provisions of the TBT Agreement?
What products remain subject to compulsory certification?  What plans does Kazakhstan have
to reduce the number of such products and in crease reliance on international standards?
Does relevant legislation and administrative practice establish a clear distinction between
technical regulations and standards, as required by the TBT Agreement?
Answer:
Informational center is being created and equipped by the required facilities.  Data-bases are
being created according to international, regional and foreign standards.  Currently interstate and stateWT/ACC/KAZ/37/Add.1
Page 11
standards and part of international ones are transferre d to electronic forms.  Equipment of information
center is planed to finish in 2002.
Draft program of standards development is being printed in specialized StateStandard
publication:  monthly "Informational catalog (register) of standards" (ICS), in order all the concerned
persons could be involved in working out of standards or present their comments to the drafts.  Draftsof worked out standards are delivered for coordination to all state management bodies, in competence
of which is approving of compulsory rules and standards.  Moreover, drafts state standards are
published in the official publication of StateStandard. In addition, the website of StateStandard of the
Republic of Kazakhstan www.memst.kz  is opened for placing of electronic version of draft standards.
Obligatory for certification are the products and services, potentially dangerous for people's
health and environment (motor transport means; agricultural technique, service-and-civilian weapon,
civil, sports; electrotechnical, radiotechnical electronic items; communication means; householdchemistry; consumer goods, contacting with persons skin, food and water; construction materials and
constructions, light industry products; medical products, fuel raw, toys; special technical guarding
means  and etc.).  As compared with 1999 the number of names of products reduced two times.  An
alteration was made to the Law of the Republic of Kazakhstan "On certification", granting the right to
the producers to confirm the conformity of the products by declaration of an applicant.
Under the Law of the Republic of Kazakhstan "On standardization" international and national
standards of foreign countries are included into the categories of normative documents, effective in
Kazakhstan.
Physical and legal persons are granted the right to use directly international, regional and
national standards and other normative documents on standardization of foreign countries as statestandards or through registration for concrete user.
In the Law of the Republic of Kazakhstan "On standardization" the notion of "technical
regulation"  is defined as "normative document, establishing obligatory requirements either directly or
by reference to standard or rules, or by inclusion of the contents of these documents.  It may also
include or  exclusively contain the requirements to the terminology, designations, package, marking tosuch extent, in which they are applied to the products, process (work), service or method of
production".
Notion of "standard" is a document, worked out on the basis of a consent of interested parties
and established by the recognized body on standardization, metrology and certification, in which
general principles or characteristics, referring various kinds of activity or their results are set up for
common and multiple use".
In modifications to the Law "On standardization" the technical regulations establish the
requirements to the products, processes and services and are obligatory for application and observance
by physical and legal persons of the Republic of Kazakhstan, they are worked out by the state
management bodies, in the competence of which is setting up of obligatory requirements to life,
health and population's property protection, labour and environmental protection, technical and
information   compatibility, national security, prevention of  fraudulent practice (construction, sanitaryand veterinary norms and rules, pharmaceutical articles, norms and rules of  fire safety and emergency
situations, mines inspection, nuclear, environmental, radiation safety, safety on the roads and all kinds
of transport, standards and etc.).  Technical regulations are approved by the Government of the
Republic of Kazakhstan.WT/ACC/KAZ/37/Add.1
Page 12
(c) Sanitary and phytosanitary measures
Question 12
Document WT/ACC/KAZ/32 indicates that the legislative basis for complying with the SPS
agreement is not yet in place/ it is also stated that the Enquiry Point is not yet operational.
From the documentation, it also appears that not all transparency requirements of theAgreement, relating to the publication of proposed measures, provision of information for
economic operators and the opportunity for them to comment are yet in place.  Can Kazakhstan
explain how and when it proposes to address these matters?
Answer:
The work on bringing of legislative base into line with SPS Agreement is being carried out
and it is under the consideration of the Parliament of the Republic of Kazakhstan.
The new legislation of the Republic of Kazakhstan "On veterinary" is completely harmonized
with international rules and SPS Agreement.  Pursuant the new Article 4 the state policy in the field of
veterinary is targeted for:
- Ensuring of state veterinary inspection independence;
- Working out of veterinary rules and specifications on scientific basis with regard for objective
assessment of epizootic situation and intern ational norms in the field of veterinary;
- Non-admission of setting up of ungrounded restrictions in realization of cargo under control of
state veterinary inspection while carrying out of veterinary measures with the purpose of ensuring
of veterinary-and-sanitary well-being;
- Reaching of high level in carrying out veterinary measures in case of availability of their
scientific substantiation;
- Carrying out of state veterinary inspection control at the enterprises of processing, preparation,
realization of cargo under state inspection; and
- Introduction of inter-production veterinary control at enterprises of processing, preparation,
realization of products and raw of animal origin at international principles.
Upon adoption by the President of the Law of the Republic of Kazakhstan "On veterinary" the
work will be initiated on elaboration of subordinate legislation acts on veterinary, which will be
harmonized and adapted with the WTO requirements.
Items on publication of offered measures, provision of information for economic operators
and the opportunity for them to comment, as well as other points, not reflected in the Draft Law "On
veterinary", will be included in the subordinate legislation legal acts.
Also, with a view of transparency ensuring in conformity with the Resolution of the
Government of  the Republic of Kazakhstan of 30 October 2000 No. 1627 the Ministry of agriculture
carries out an intensive work on introduction of Information-marketing system of the Ministry of
agriculture, the purpose of which is the  maintenance of operative exchange by analytic marketing
information among agricultural producers, state st ructures and other participants of agricultural
market; ensuring of effective regulation of development of branch and formation of a national system
of agricultural business, as well as interaction with international organizations.
Within the framework of Information-marketing system the web-site www.minargri.kz  has
been opened and the information-analytical bulleti n of the Ministry of agriculture "Agroinform" is
being published, covering all the legal acts, approved by the Ministry of agriculture of the Republic of
Kazakhstan, including on veterinary, quarantine and plant protection.WT/ACC/KAZ/37/Add.1
Page 13
(d) Trade-related investment measures
Question 13
According to the answer given to Question 57 in document WT/ACC/KAZ/22, there are local
content and import substitution aspects to the Law on Subsurface Utilization and the Law on
Petroleum.  Have there been any changes in this  legislation since this answer was submitted (in
June 1999)?  How and when does Kazakhstan propose to bring such TRIMs inconsistent
measures with WTO obligations?
Answer:
Industry is an important branch of the economy of the Republic of Kazakhstan and it provides
approximately a quarter of produced gross domestic product.  Therefore, steady development of
industrial production is an indispensable condition of economic growth in Kazakhstan.
Under conditions of high inflation, sharp decrease of effective demand the industry of
Kazakhstan is appeared to be in deep crisis, which caused two-fold reduction of industrial volumes in
1995 as compared with 1990.  In chemical industry the share of production of fertilizers fell down
sharply, caustic soda and chlorine, propylene, chemical fiber, synthetic rubber production completely
stopped.  Production of tires operated with multi-monthly idle time.
For the past five years the situation in industry managed to stabilise and the trajectory of
growth was reached.  1998 was an exception, when the branch experienced an unfavorable influence
of world economic crisis.
The structure of industrial production continues to change for the benefit of branches,
engaged in extraction and primary processing of hydrocarbonic and mineral raw.  So, the share of
machine-building changed from 15.9 per cent in 1990 to 3.3 per cent in 2001.  At the same time, theshare of all the branches of fuel-energetic complex (fuel extraction, oil refining, electric power and
heat production) in 1990 made up 10.2 per cent and in 2001 reached 51.7 per cent, the share of
metallurgical complex made up correspondingly 15.6 per cent and 22.1 per cent.
The problems of structural composition of industry are related also to incompleteness of
technological alterations from mining of raw to production of products of high level of readiness tofurther use and final application.
So, there is a lack of industries of deep processing of hydrocarbon raw, oil processing is
oriented to fuel variant, the raw for petrochemical enterprises of output of synthetic gums, plastic,
chemical fibre, articles on their basis is not produced.
The problem of renewal of active part of capital assets, qualitative alteration of technological
level of production, raise of its efficiency has become urgent.  The main volume of foreign
investments is directed at creation of capital assets of enterprises of mining industry (85 per cent), inprocessing industry direct foreign investments are insignificant.
Main problems of industry are as follows:
− High level of wear of active part of capital assets in all the branches of real sector of
economy;
− Low competitiveness of goods of processing industry, including consumer goods;
− Raw orientation of industrial production structure and export;WT/ACC/KAZ/37/Add.1
Page 14
− Low level of management and marketing researches at enterprises, which are in
Kazakhstani investors' ownership;
− High level of energetic expenses per unit of production of wear of capital assets;
− Low level of technical development of many enterprises of processing industry;
− Narrow nomenclature of consumer goods production;
− Unstable financial state of many enterprises of processing industry and electric power
industry.
Industrial policy, being worked out until 2010 is targeted for further raising of technical and
technological potential in fuel-and-energetic, mining and metallurgical complexes, generating
effective demand.  It should be accompanied by development of production and services in otherbranches of economy, including consumer goods, products of heightened commodity readiness.
Thus, the industrial policy pursues the following main goals:
− creation of capacities of deepened processing of hydrocarbon raw with receiving of wide
range of products and goods;
− insuring of conditions for reanimation of  machine-building enterprises, equipment,
devices and spare parts for basic branches of economy, transport;
− elaboration of an effective mechanism of innovational development of real sector of
economy, introduction of scientific-and-technical achievements to the industry, creation
of new high technology and technological  industries.
As a result there will be a multiplicative effect from revival of industry, which will lead to
creation of new jobs in other branches of economy that will reduce the social tension in the society
and will extend the taxable base as a whole.  So, currently in the industry of Kazakhstan more than
920 thousand persons are engaged, that makes up 14 per cent from the total number of engaged in theeconomy.  As a result of carrying out of rational industrial policy in the nearest three-five years it is
supposed to increase the number of engaged only in processing industry by 40,000-45,000 persons
and for five-seven years – by more than 100,000 persons.  In short term period it is not real to count
on radical structural transformations in the industry.  Growth of volumes of industrial production will
be provided, mainly, due to the oil and gas producing industry and metallurgy.  At the same time,
these export oriented branches are subject to strong influence of world economy, financial and
economic crises.
At present there are no changes in the issue of use of equipment, material and ready products
of domestic production in oil and gas branch of industry of Kazakhstan.  However, the Working group
on elaboration of Draft Laws "On oil" and "On mineral wealth and use of mineral wealth" was set up
and initiated its work with a view of elimination of measures, which are not in line with TRIMs.
In this connection Kazakhstan in conformity with TRIMs Agreement provisions assumes to
request a transition period for ten years for elimination of measures, included in the Laws of the
Republic of Kazakhstan "On oil" and "On mineral wealth and use of mineral wealth".
(e) State-trading practices
Question 14
Please provide information on any state trading en terprises in the sense of Article XVII:  of the
GATT 1994.WT/ACC/KAZ/37/Add.1
Page 15
Answer:
There are no state trading enterprises in the Republic of Kazakhstan.
(l) Government procurement practices
Question 15
Members welcome Kazakhstan's intention to join  the GPA. Can Kazakhstan confirm it intends
to join this Agreement on the day it joins the WTO?
Please provide statistics on GP by category of products, by thresholds and by entities.
What is the present legal framework governing procurement in Kazakhstan? Are any legislative
modifications to the current regime foreseen in order to join the GPA? Could Kazakhstan
provide the relevant legislation? Including drafts if any?
Answer:
The Republic of Kazakhstan will consider the issue of joining of Kazakhstan to the WTO
Agreement on Government procurements after accession to the WTO.
The Republic of Kazakhstan offers the following plan of bringing national legislation in the
sphere of state procurements into line with the WTO provisions.
The first stage - 2001-2004
In conformity with the Concept and Program of development of the system of state
procurements for 2001-2004, adopted by the Resolution of the Government of the Republic of
Kazakhstan the following main ways of the system of state procurements improvement for middle
term perspective have been set up:
− improvement of legislative base by approving of the new Law of the  Republic of
Kazakhstan "On state procurements" of 16 May 2002 No. 321-II, worked out on the basis
of UNCITRAL model law on procurement of goods, construction and services;
− institutional strengthening of an authorized body;
− introduction of up-to-date information technologies;
− personnel training; and
− preparation to creation and introduction of electronic tender system.
Realization of these tasks will promote solution of the problem of adaptation of the system of
state procurement to forthcoming accession of Kazakhstan to the WTO and will enable to create
modern electronic tender infrastructure.
Formation of the system of state procurement in the Republic of Kazakhstan was initiated in
1997 by approving of the Law of the Republic of Ka zakhstan "On state procurement".  For the period
from 1998 to 2001 the volume of state procurement increased from 61.3 billion KZT to
267.2 billion KZT.
The accounting of volumes of state procurement of imported goods and services started only
since the second half year of 2001.  Before only the quantity of foreign suppliers were accounted.
Stabilization and growth of economy, enabling the stat e during two last year to increase the volume ofWT/ACC/KAZ/37/Add.1
Page 16
procurements of goods, works and services, have not been sufficiently supported by the structural
changes of economy.
Certification of enterprises and produced by them products according to ISO standards have
been just started.  The share of import of technological products, which might be produced in
Kazakhstan is still high.  According to the prelim inary data the share of import of goods and services
in state procurements makes up more than 1/3.  And on such kinds of goods as means of plant and
animal protection, medicines, medical equipment, transport means (including special), control and
measuring devices, servers, computers and periphe ry, software, etc., the share of import makes up
almost 100 per cent.
For that reason it is stipulated by the new Law to preserve the Articles, setting up:
− special terms of state procurements for maintenance of demands of defense, law and order
and national security,
− terms of domestic market protection;
− support of the subjects of small business while making state procurements.
Availability of such provisions in the Law will not contradict to the Article III of the General
Agreement on Tariffs and Trade (GATT), in which the deviations from commitments on national
treatments are included:  it does not applied to governmental procurements and to subsidies, paid
exclusively to the national producers.  Pursuant to the Articles XX, XXI GATT 1994 the Government
is in force to make general exceptions and exceptions for safety reasons.
The second stage - 2005-2008.After summarizing the realization of the Program and accumulation of sufficient statistic
materials for analysis of a share, range and dynamics of import in state procurements, the new
program documents for improvement of state purchases system were elaborated.  In these documents
a new strategy of domestic market protection in case of carrying out of state purchases will be offered,
which will take into account increasing WTO requirements.
 An information, related to state procurement in the Republic of Kazakhstan, is presented at
the web-site of the Committee on State Procurement of the Republic of Kazakhstan
http://kgz.minfin.kz .
In 2001 purchases from foreign suppliers constituted 13,980 million KZT (in comparison with
2000 growth 2.1 times), which makes up 6.1 per cent in gross specific weight of purchases(4.3 per cent in 2000).  The greater part of purchases from foreign suppliers is conducted by tender
way.
Out of them purchases from foreign suppliers in the amount of 11,650 million KZT were
carried out at the expense of the Republican budget, which makes up 11.5 per cent in specific weight
of purchases (10.3 per cent in 2000).  At the expense of local budgets purchases from foreignsuppliers in the amount of 2,330 million KZT were made, that makes up 1.6 per cent in specific
weight of purchases at the expense of local budgets (one per cent in 2000).
State purchases of goods, works and services in the context of administrators of programs in
2001:WT/ACC/KAZ/37/Add.1
Page 17
Procurement volumes (million KZT)1
Administrators of programsTotal Including import
State budget 247,319.9 31,813.7
Republican budget 110,809.8 22,824.0
Supreme Court of the Republic of Kazakhstan 895.5 242.9
Office of the Prime Minister 84.8 16.4
Ministry of State Revenues 5,996.9 1,781.6
Ministry of Health Care 6,633.7 2,196.6
Ministry of Defense 8,824.3 1,497.7
Ministry of Education & Science 7,180.4 1,308.7
Ministry of Agriculture 11,698.8 1,822.2
Ministry of Transport & Communications 22,605.7 9,073.0
Ministry of Justice 343.8 86.7
Administration of Affairs of the President 8,025.3 2,200.0
Local Budget 136510.1 8,989.7
Almaty region and others 9,144.0 554.9
Eastern Kazakhstan region 10,224.1 415.4
Almaty 15,624.3 1,705.9
Astana 17,733.8 849.6
Zhambyl region 4,556.3 304.1
Western Kazakhstan region 7,755.4 1,119.9
Karagandy region 9,988.3 739.7
Kostanai region 4,865.8 506.0
Mangystau region 9,837.9 670.6
In 2001 state purchases of goods, works and services were made by administrators of the
Republican budget programs on the following main names (descriptions):
Volume of goods and services (million KZT)Name of goods, works & servicesTotal Including import
Food products 2,323.5 62.7
Potato 160.8 2.4
Canned beef 70.9 15.9
Granulated sugar 57.8 6.6
Canned sprat 41.9 11.0
Dried milk 42.3 1.8
Pearl 20.5 0.9
Rice 17.4 0.9
Canned bream 15.3 4.4
And others
Purchasing, tailoring and repair of clothing and
other uniform clothing627.6 13.6
Special equipment and materials 281.7 21.4
Medicines and other  medical preparations 363.7 164.9
Petroleum products 2547.6 453.5
Maintenance, servicing, running repair of
buildings, equipment &  other main assets3,359.3 448.4
Services, rendered by legal & natural persons
according to an Agreement, including banking
services2,812.6 1,268.5
                                                     
1 Average annual rate of dollar according to the rate of National Bank of the Republic for 2001 –
146.7 tengeWT/ACC/KAZ/37/Add.1
Page 18
Volume of goods and services (million KZT)Name of goods, works & servicesTotal Including import
Purchasing of buildings and constructions 3,896.2 1,105.2
Capital repairs of roads 7,969.9 7,897.5
Services, rendered by legal persons within the
framework of state order71,998.5 8,867.3
Purchasing of assets 3,572.2 2,512.1
In 2001 state purchases of goods, works and services by administrators of local budgets were
made on the following names:
Volume of goods and services (million KZT)Name of goods, works & servicesTotal Including import
Food products 2,323.5 62.7
Dried milk 130.9 3.3
Vegetable oil 73.8 1.7
Canned beef 34.7 3.8
Canned bream 23.5 1.8
Canned sprat 16.5 2.2
And others
Purchasing, tailoring and repair of clothing and
other uniform clothing395.9 34.8
Special equipment and materials 675.6 387.8
Medicines and other medical preparations 2431.0 1,498.6
Petroleum products 5472.4 794.7
Maintenance, servicing, running repair of
buildings, equipment and other main assets6,765.3 166.2
Purchasing of assets 7,002.0 3,968.9
Purchasing of nonmaterial assets 1,523.0 1,169.1
V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME
1. General
Question 16
Please provide further information on all relevant legislative proposals in this area, including as
regards copyright, trademarks and geographi cal indications, patents, layout designs of
integrated circuits, border enforcement and undisclosed information.  What is the legislative
timetable?  To the extent possible, please provide copies of draft and final laws.
What steps have Kazakhstan taken in order to ensure retroactive protection of foreign works
and sound recordings?
What initiatives have Kazakhstan taken in order to improve enforcement of TRIPS obligations?
Some members are concerned that the current si tuation appears to be one where there are high
levels of piracy, there are no civil or criminal ex parte search procedures and no effective border
enforcement.
Please clarify whether and how well known marks are protected in cases of goods or services
which are not similar to those in which a trademark is registered (TRIPS Article 16:3).WT/ACC/KAZ/37/Add.1
Page 19
Answer:
Currently the Republic of Kazakhstan attaches great importance to the issues of Protection of
Intellectual Property Rights.  Protection of Intellectual Property Rights promotes development of
economic cooperation with many countries of the wo rld, including United States, countries of the
European Union, as well as contribute to the processes of reforming of socio-economic relations inour state.
Recognizing that one of the conditions of strengthening of economic ties between the
Republic of Kazakhstan and European Union is bringing of our legislation into line with norms of
international right, Kazakhstan joined a number of international agreements in the area of copyright.
They are:
− Bern Convention "On protection of literary works and works of art" (a Law of the
Republic of Kazakhstan of 10 November 1998 No. 297-1); and
− Geneva Convention "On protection of producer's interests of phonograms from illegal
reproduction of their phonograms" (a Law of the Republic of Kazakhstan of 7 June 2000
No. 54).
A work on accession of Kazakhstan to an Agreement of World Intellectual Property
Organization on copyright, performances and audio records is being carried out.
In 2001 in the area of industrial property protection the Republic of Kazakhstan joined:
− the Nice Agreement "On international classification of goods and services for registration
of marks";
− the Strasbourg Agreement "On international patent classification"; and
− the Budapest Agreement "On international recognition of depositing of microorganisms
for purposes of patent procedure".
In 2002 in the Republic of Kazakhstan the laws "On joining the Locarno Agreement "On
establishing of international classification of industrial samples", "On accession of the Republic of
Kazakhstan to an Agreement "On laws on trade marks" were adopted.
By the Resolution of the Government of the Republic of Kazakhstan of 26 September 2001
No.1249 a Concept of protection of Intellectual Property is approved, and at present a coordination of
the Program for its realization is under consideration.
An adoption of the special part of the Civil Code of the Republic of Kazakhstan in 1999, in
which the whole section was dedicated to the issues of intellectual property, which contains the
fundamental norms, regulating the relations in this area, has been the most important stage information of domestic legislative base in the area of intellectual property objects.
A Law "On Customs in the Republic of Kazakhstan" (submitted to the WTO Secretariat in
June 2001) is supplemented by articles, establishing a mechanism of customs control over putting an
end to imports of goods, violating the rights of proprietors of intellectual property.
An Article 184 of the Criminal Code of the Republic of Kazakhstan stipulates the criminal
responsibility for violation of copyright and neighboring rights:  minimum penalty in the amount of
100 minimum wages, maximum penalty – to five years deprivation of freedom.
In the Code of the Republic of Kazakhstan "On administrative violations" there are articles,
stipulating administrative responsibility for violation of copyright and neighboring rights. OffendersWT/ACC/KAZ/37/Add.1
Page 20
may be subject to the penalty in the amount from three to 200 monthly specified rates in the
administrative order.  For violation of inventor's and patent rights an administrative responsibility in
the amount from 15 to 400 monthly specified rates are stipulated too.
According to the above Code putting an end to facts of violation of copyright and neighboring
rights is laid on the Committee for intellectual property rights of the Ministry of Justice of theRepublic of Kazakhstan and territorial bodies of justice.
The Law "On copyright and neighboring rights" establishes a civil measure of responsibility.
In civil law order protection of intellectual property rights is carried out directly by authors, owners of
neighboring rights or organizations, administering their rights on the collective base.  Protection of
rights is carried out by recognition of rights, restor ation of the position, existed to violation of rights,
suppression of actions, compensation for damages, including missed benefit, as well as receiving
revenue, as a consequence of violation of copyright and neighboring rights.  The above Law stipulatesa payment of compensation in the amount from 20 to 50000 rates of minimum wages too. In case of
violations of copyrights of computer programs  or data-base – in the amount from 500 to 50000
minimum rates of wage.
From the date of adoption of the Law of the Republic of Kazakhstan "On copyright and
neighboring rights", five years have passed.  This Law won a high appraisal of World IntellectualProperty Organization and is recognized to be corresponding to international normative legal acts.
Considering the fact that norms of international law recognized by our country have the
priority over the domestic legislation, a draft Law of the Republic of Kazakhstan "On entering
amendments and alterations into the Law of the Republic of Kazakhstan "On copyright and
neighboring rights" is being prepared.  It stipulates an introduction of the provisions of retroactiveprotection of works, issued prior to entering into force of international conventions.
An active work on the struggle with "piracy" in audio, audiovisual sphere is being carried out,
the following data may testify to it.
So, if in 2000 within the framework of administrative court proceeding 335 verifications were
carried out, as a result of which 85,755 pcs of counterfeit product in the amount of 18,204,742 KZTwere withdrawn, then in 2001, 481 verifications were carried out and 144,190 pcs of counterfeit
copies in the amount of 28,316,983 KZT were withdrawn. Totally by decisions of the courts offenders
were imposed by a penalty in the amount of 1,088,755 KZT.
A registration of license agreements for use of objects of copyright and neighboring rights is
being intensified.
A work on security of state policy in the sphere of protection of industrial property rights is
being carried out.
On 26 July 1999 the Parliament of the Republic  of Kazakhstan adopted a new Law of the
Republic of Kazakhstan "On trade marks, marks of servicing and names of countries of origin of
goods" (was submitted to the WTO Secretariat), in which all requirements of the articles 15-24 of an
"Agreement on Trade-Related Aspects of Intellectual Property Rights" (TRIPS) were taken into
account.
Thus, the provisions of Articles 22 and 23 of an Agreement on TRIPS, concerning protection
of geographical indications, including geographical indications for wines and spirits.WT/ACC/KAZ/37/Add.1
Page 21
Together with civil law responsibility for viola tions of rights of trademark holders in the
Republic of Kazakhstan a criminal responsibility for illegal use of protected trademarks is stipulated
too (an Article 199 of a Criminal Code of the Republic of Kazakhstan (CC RK)).
On 16 June 1999 a new Patent Law of the Republic of Kazakhstan was adopted (submitted to
the WTO Secretariat), in which all the requirements of Articles 25-34 of the TRIPS Agreement wereobserved.
In particular, in a new Patent Law the provisions, regulating the conditions and the order of
granting  by the court of compulsory licenses for use of inventions, and other cases of use without any
permit of patentee, are stipulated according to the requirements of an Article 31 of TRIPS Agreement.
In addition, in the Patent Law a list of ways  of protection of patent holders rights are
extended, in particular an opportunity to draw income, received by the offender of protection
document, instead of compensation for damages, as well as payment by an offender of protectiondocument of a compensation in the amount from ten to fifty thousand monthly specified rates,
established by legislation, instead of compensation for damages or drawing of income.  Moreover,
legislation of the Republic of Kazakhstan stipulates a criminal responsibility for violation of rights of
patentee (an Article 184 CC RK).
Legal protection of layout designs of integrated circuits in the Republic of Kazakhstan is
being carried out on the basis of a Law of the Republic of Kazakhstan "On legal protection of layout
designs of integrated circuits" of 29 June 2001 No.217 (was submitted to the WTO Secretariat).
On 13 July 1999 a Law of the Republic of Kazakhstan "On protection of selection
achievements" was adopted (was submitted to the WTO Secretariat).  It secures protection to new
varieties of plants and breed of animals. The indicated law received an expert's opinion ofInternational Union as to protection of new varieties of plants for the purpose of its conformity of
International Convention on protection of new varieties of plants (Geneva, 2 December 1961, revised
in 1972, 1978, 1991).
By adoption of the given Law "On protection of selection achievements" Kazakhstan fulfilled
the condition of the Article 27 (3) of an Agreement of TRIPS, under which the WTO members shouldforesee the protection of varieties of plants either by patents, or efficient independent uniform system,
or their combination.  An Instruction for drawing up, filing and consideration of an application for the
issue of a patent on selection achievements is being worked out.
Pursuant to subparagraph 3 of the paragraph 1 of the Article 7 of a Law of the Republic of
Kazakhstan "On trade marks, marks of servicing and names of origin of the goods" a registration
regarding any kinds of goods and services is not permitted, if a trademark may cause a confusion of a
well-known mark and mislead the consumer regarding the producer of goods.
With a view of further improvement of legislation in the area of protection of industrial
property objects it is supposed to work out a draf t Resolution of the Government of the Republic of
Kazakhstan "On approval of the order of treatment of secret inventions, created in the Republic of
Kazakhstan".
A work on examination of applications for the issue of protection documents of industrial
property objects is being intensified.  So, last year 1,734 applications for the issue of protection
documents (preliminary patents and patents), for invention rights and useful models, 4,954 trademark
applications, servicing marks and names of origin of goods, 49 applications for the issue of protection
documents for designs were effected.WT/ACC/KAZ/37/Add.1
Page 22
Protection documents were issued:  1,537 – for invention rights and useful models, 1,700 –
for trademarks, 40 – for designs.
The Committee for Intellectual Property Rights considers the concession treaties of protection
documents and license agreements for use of protected objects of industrial property for the purpose
of registration.
A special attention is paid to mass media coverage of a legislation of intellectual property
issues.
Copyright and neighboring rights short dictionary was published in Kazakh, Russian and
English.
Seminars and scientific-and-practical conferences on issues of intellectual property were
organized and held according to the results of which recommendations and books were prepared.
An official bulletin "Onerkasip menshigi Industrial property" is being published.
Recommendations of an application writing for th e issue of preliminary patent and patent for
invention rights in the field of medicine, biology and agriculture were published.   Full description of
inventions and useful models are being prepared and are being published.  A work on creation of
computer data bank of users of works and objects of neighboring rights is actively being carried out.
With a view of improvement of protection of intellectual property rights the representatives of
the Republic are involved in the activity of inte rnational seminars, conferences, working sessions,
organizers of which is WIPO, as well as other international organizations.
VII. INSTITUTIONAL BASE FOR TRADE AND ECONOMIC RELATIONS WITH
THIRD COUNTRIES
2. Economic integration, customs union and free-trade area agreementsQuestion 17
Please provide further information on developmen ts in the evolution of those Regional Trade
Agreements to which Kazakhstan is a party, including the Eurasian Economic Community and
others.
Answer:
Belarus, Kazakhstan, Russia in 1995 concluded an Agreement on creation of Customs Union,
the objectives of which were the accelerated formation of uniform economic space; common market
of goods, services, capital and manpower; formation of uniform transport, energetic and information
system. Later Kyrgyzstan and Tajikistan joined them.
Within the framework of Customs Union of th e Republic Belarus, Kazakhstan, Kyrgyzstan,
Russia and Tajikistan an Agreement on General Customs Tariff (GCT) was adopted, which is the base
of uniform tariff policy and contains a mechanism of coordination and adoption of uniform rates ofimported customs dues of Customs Union (CU).  Cr eated Base list of uniform rates of imported
customs dues, applied to goods, imported on the customs territory of member-states of Customs
Union from the third countries covers about 60 per cent of uniform rates on Range of Goods of
foreign economic activity of CIS.  At the same time none of states unilaterally has no right to enter
any amendments into formed base of GCT.  Furthe r work on formation of GCT is bringing into line
the operating rates  of customs dues of  the partner countries.WT/ACC/KAZ/37/Add.1
Page 23
In December 2000 heads of member-states of  Customs Union signed an Agreement on
establishing of Eurasian Economic Community (EurAsEC), which stipulated transformation of
Customs Union in Eurasian Economic Community.  EurAsEC is created for efficient promotion of
formation process by EurAsEC countries of Customs Union and Uniform economic space.
Within the framework it is designed to solve problems, targeted for completion of clearance
in full volume of free trade regime; formation of a uniform customs tariff and uniform system of non-
tariff regulation measures; coordination of the positions of member-states in mutual relations with the
WTO; creation of common customs territory with common system of customs regulation and uniform
management of customs services.
At present in mutual trade between member-states of CIS a free trade regime is applied, under
which import and export of goods on the territory of states is not imposed by customs dues, except the
list of individual goods (withdrawal).  The list is st ipulated by protocols of withdrawal from free trade
regime to bilateral agreements on free trade. With a view of formation of conditions for free freight
traffic an Agreement on creation of free trade zone from 15 April 1994 it is stipulated an interaction
of member-states of CIS in solution of problems, targeted for gradual abolition of customs dues, taxes
and charges, having an equivalent force, and qualitative restrictions in mutual trade, removal of
obstacles for free traffic of goods and services, as well as creation and development of efficientsystem of mutual settlements and payments.WT/ACC/KAZ/37/Add.1
Page 24
APPENDIX 1
Customs Payments Rates
Extract from the Resolution of the Government of the Republic of Kazakhstan of
7 November 1995 No. 1479 (with account of the updated amendments and alterations).
PaymentsRates for rendered services in % from
customs value and in EURO
Customs dues for customs clearance of goods, transported via customsborder by legal and natural persons0.2%
Customs dues for customs clearance and transport means regardless of
certain places for it and of time of customs bodies work0.4%
Customs dues for customs clearance of goods for demonstration at
exhibitions, fairs, tenders, congresses,  symposiums, seminars, international
meetings and other similar measures (except exhibitions on spots of carryingout of production or other commercial activity with a view of sale of
imported (exported) goods), as well as additional equipment and materials,
designed for use while holding demonstration of goods or in the course ofinternational meetings, conferences and congresses5 Euro for consignment of Goods
Customs dues for storage of goods at warehouses, established by customs
bodies, except goods under HS Item Code (CIS) 1001-1109 – 0,2% ofcustoms value of goods per hour0.04 Euro for 1 kg gross per twenty-four
hours
For storage of transport means, transported as goods 3 Euro for unit per twenty-four hours
Customs dues for storage of goods at warehouses, established by customsbodies0.02 Euro for 1 kg gross per twenty-four
hours
Among them: in special adapted premises (with the use of specificequipment, by creating of special temperature and etc.)0.03 Euro for 1 kg gross per twenty-four
hours
For storage of transport means, transported as goods 3 Euro for unit per twenty-four hours
Customs dues for customs accompanying of g oods - 5 specified rates for a distance to
50 km
- 10 specified rates for a distance from
50 to 200 km
- 15 specified rates for a distance from
200 to 400 km
- 20 specified rates for a distance from
400 to 600 km
- 25 specified rates for a distance from
600 to 800 km
- 30 specified rates for a distance from
800 to 1000 km
- 35 specified rates for a distance from
1000 to 1500 km
- 40 specified  rates  for a distance
from 1500 to 2000 km
- 50 specified rates for a distance
above 2000 km
Dues for granting of a license for establishing of customs warehouse with asquare: to 1,000 square metre inclusively9,000 Euro
From 1,000 to 2,000 square metre inclusively 14,000 Euro
Above 2,000 square metre inclusively 19,000 Euro
Dues for granting of a license for establishing of a shop of free of charge
trade20,000 Euro
Dues for granting of a license for establishing of a warehouse with a square:
to 1,000 square metre19,000 Euro
Above 1,000 square metre 28,000 Euro
Dues for granting of a license for establishing of a warehouse of a temporary
storage8,000 Euro
Dues for granting of a license for carrying out of an activity as a customs
broker5,000 EuroWT/ACC/KAZ/37/Add.1
Page 25
PaymentsRates for rendered services in % from
customs value and in EURO
Dues for granting of a license for carrying out of an activity as a customs
transporter5,000 Euro
Dues for granting of a license of qualification certificate of a specialist on
customs clearance200 Euro
Payment for taking of a preliminary decision 50 EuroWT/ACC/KAZ/37/Add.1
Page 26
APPENDIX 2
On Licensing of Export and Import of Good s and Services in Republic of Kazakhstan
Extract from the Resolution of the Government of the Republic of Kazakhstan of
30 June 1997, No. 1037
List of Goods Which May Be Expo rted Under License Upon Permission
of the Government of the Republic of Kazakhstan
Goods HS-item code
Wild animals, wild plants 010119900, 010290900, 010391900, 010392900, 010410800,
010420900, 01060090 (only wild animals) 070951, 70952000,071080610, 071080690
Armaments and military equipment, specialcomponents for their manufacture, works andservices in the sphere of military technologycollaboration871000000, 8802 (except 880211100, 880212100, 880220100,
880230100, 880240100), 8803 (except 880310100, 880320100,880330100, 880390910), 880400000, (only the military designation),8805 (except 880520100), 890600100, 930100000, 930200, 9305 (only
military weapon), 9306 (except 930610000, 930629400, 930630910-
930630980, 930690900, 901310000 (only the military designation),901320000 (only the military designation), 901380 (only the militarydesignation), 9014 (only the military designation), 8525 (only the
military designation), 8526 (only the military designation)
Nuclear materials, technologies, equipment and
installations, special non-nuclear materials,
sources of radioactive radiation, including
radioactive waste2612, 2844 (except sources of ionized radiation not possessing divided
elements), 2845, 380110000 (only nuclear pure graphite), 8401,
711041000
List of Goods Which May Be Imported Under
License Upon Permission of the Government
Goods HS-item code
Armaments and military equipment, specialcomponents for their manufacture, works and
services in the sphere of military technologycollaboration871000000, 8802 (except for 880211100, 880212100, 880220100,
880230100, 880240100), 8803 (except for 880310100, 880320100,
880330100, 880390910), 880400000 (only the military designation),8805 (except for 880520100), 890600100, 930100000, 930200, 9305(only to combat arms), 9306 (except for 930610000, 930629400,
930630910-930630980, 930690900, 901310000 (only the military
designation), 901320000 (only the military designation), 901380 (onlythe military designation), 9014 (only the military designation), 8525(only the military designation), 8526 (only the military designation)
Nuclear materials, technologies, equipment andinstallations, special non-nuclear materials,sources of radioactive radiation, includingradioactive waste2612, 2844 (except sources of ionized radiation not possessing divided
elements), 2845, 380110000 (only nuclear pure graphite), 8401WT/ACC/KAZ/37/Add.1
Page 27
List of Goods Which May Be Imported Under License
Goods HS-item codeResponsible Ministry or
Department whose Prior
Approval is Required
Chemical agents for plant protection 3808 (preparations for plant protection
only)Ministry of Agriculture,
Ministry of natural
resources and protection of
the environment
Pharmaceuticals, medical equipment (except
medical equipment which is imported into
the Republic under the humanitarianassistance)2936-2939, 2941, 3001-3004, 3006, 9013,
9018-9022 (except 902111000,
902119100, 902130900)Ministry of Health
Protection
Pharmaceuticals for veterinary purposes and
veterinary equipment2936-2939, 2941, 3001-3006, 9018-9022 Ministry of Agriculture
Narcotics and psychotropic agents According to the list defined by the
Government of the Republic of
Kazakhstan and drug businessCommittee on fight with
drug addiction and drug
business under the Ministryof Justice, Ministry ofHealth Protection
Precursors According to the list defined by the
Government of the Republic ofKazakhstanCommittee on fight with
drug addiction and drugbusiness under the Ministry
of justice; Ministry of
Health Protection; Ministryof natural resources andprotection of the
environment
Venom According to the list defined by the
Government of the Republic ofKazakhstanMinistry of Health
Protection; Ministry ofnatural resources and
protection of the
environment
Enciphering devices (including enciphering
equipment, parts for enciphering equipment
and software for enciphering), instructiveand technical documentation relating toenciphering devices (including both design
and maintenance)8471 (enciphering equipment only),
847330 (enciphering equipment only),
8543.90.900 (enciphering equipment only)8573.90.900 (enciphering equipment only)Committee on national
security (CNS)
Devices for protection from combat
poisonous substances, components and
accessories thereforAccording to the list defined by the
Government of the Republic of
KazakhstanMinistry of Defense
Instructive and technical documentation
relating to products of military designation
(design and operation)Ministry of Defense, CNS
Powder, explosive devices and pyrotechnics 360100000 (except hunting powder),
360200000, 360300, 3604Ministry of Internal Affairs
Industrial waste 261800000-2620, 3915 Ministry of natural
resources and protection ofthe environment
Opium Raw Material 121190800 Ministry of Health
Protection
Service and civil armaments According to the list defined by the
Government of the Republic ofKazakhstanMinistry of Internal Affairs
Sources of ionized radiation not possessing
divided elements284440 Committee on Atomic
Energy under Ministry ofenergy and mineralresourcesWT/ACC/KAZ/37/Add.1
Page 28
Goods HS-item codeResponsible Ministry or
Department whose Prior
Approval is Required
Compound alcoholic preparations, other thanthose based on odoriferous substances, of akind used for the manufacture of beverages2106 90 200 Committee on State
Control over Productionand Turnover of AlcoholProduction of the Ministry
of State Revenue
Wine 2204, 2205, 2206
Ethyl alcohol 2207
Undenatured ethyl alcohol of an alcoholic
strength by volume of less than 80% volume;
spirits, liqueurs and other spirituous
beverages2208
Specific technical tools for provision of
operating-investigation measures, tools of
protection of information, other tools of dualusage (including accessories and programs),instructive documentation relating to
products of special equipment (including
design and operational)830170000, 847130000, 8471419000,
847149900, 847150900, 847330100,
851750, 851780900, 851810, 851840,851850900, 852032, 852033, 852090900,8521, 8525, 8526, 8527, 854389900,
900219000, 900580000, 9013,
901910900, 9006, 902219000,902229000,  (only specific technical tools,tools for the protection of information and
other tools of dual usage)CNS
White spirit, other, other light oils, medium
oils for undergoing a specific process, for
undergoing chemical transformation by a
process271000210, 271000250, 271000390,
271000410, 271000450Ministry of Economy and
Trade
List of Goods Which May Be Exported Under License
Goods HS-item codeResponsible Ministry or Department
whose Prior Approval is Required
Pharmaceuticals, medical
equipment2936, 2939-294200000 3003-3005, 9018-
902000 (except 902000900)Ministry of Health Protection
Pharmaceuticals for
veterinary purposes and
veterinary equipment2936-294200000, 3001-3004, 3005, 3006,
9018-9022Ministry of Agriculture
Ivory, horns, hooves, coral
and similar materials040700900, 0507, 050800000, 0604, 051000,
071230000, 080221000, 08022200, 0810,
0812, 121220000, 1301, 1302 (except130219300), 9601Ministry of Agriculture, Ministry of
natural resources and protection of the
environment
Medicine raw materialsnaturally or animal origin020610100, 020622100, 020629100,
020630100, 020641100, 020680100,020690100 (only of wild animals), 0507(only medicine raw materials), 051000, 1211,
121220000, 1302 (except 130219300), 3001,
3002 (except prepared medicine)Same
Narcotics and psychotropic
agentsAccording to the list defined by the
Government of the Republic of KazakhstanCommittee on fight with drug addiction
and drug business under the Ministry of
justice, Ministry of Health Protection
Precursors According to the list defined by the
Government of the Republic of KazakhstanCommittee on fight with drug addiction
and drug business under the Ministry of
justice; Ministry of Health Protection;Ministry of natural resources andprotection of the environment
Venom According to the list defined by the
Government of the Republic of KazakhstanMinistry of Health Protection; Ministry of
natural resources and protection of theenvironment
Phosphorus yellow ('white') 280470001 Ministry of natural resources and
protection of the environmentWT/ACC/KAZ/37/Add.1
Page 29
Goods HS-item codeResponsible Ministry or Department
whose Prior Approval is Required
Kinds of raw materials,
technologies andequipment, information thatmay be used in making ofarmament and military
equipmentAccording to the list defined by the
Government of the Republic of KazakhstanMinistry of education and science –
Academy of science, CNS
Materials, equipment andtechnologies that are for
peace reasons but may be
used for making missile,nuclear and other kinds ofweapon of mass destructionAccording to the list defined by the
Government of the Republic of KazakhstanMinistry of education and science –
Academy of science, CNS
Enciphering devices(including encipheringequipment, parts for
enciphering equipment and
software for enciphering),instructive and technicaldocumentation relating to
enciphering devices
(including both design andmaintenance)8471 (enciphering equipment only), 847330
(enciphering equipment only), 8543.90.900(enciphering equipment only)CNS
Powder, explosive devices
and pyrotechnics360100000 (except hunting powder)
360200000, 360300, 3604Ministry of Internal Affairs
Semi– precious stones and
articles made of semi–
precious stones710310000 (only stones), 710399000
semi–precious (only semi–precious stones),
710590000, 711620 (only semi–preciousstones)
Service and civil armaments According to the list defined by the
Government of the Republic of KazakhstanMinistry of Internal Affairs
Devices for protection from
combat poisonous
substances, components andaccessories thereforAccording to the list defined by the
Government of the Republic of KazakhstanMinistry of Defense
Instructive and technical
documentation relating toproducts of militarydesignation (design andoperation)Ministry of Defense, CNS
Rare metals, rare- earth
metals, raw material forproduction, interalloyes,
connections and articles261100000, 2613-2615, 2804, 282530000
(except 5-oxide vanadium), 282619000,284170000, 2846, 8101, 8112, 8103, 8105,
810600, 8108 (except titanium sponge), 8109,
811300, 280450, 280490000, 280540100Ministry of education and science –
Academy of science
Specific technical tools for
provision of operating-
investigation measures,tools of protection ofinformation, other tools of
dual usage (including
accessories and programs),instructive documentationrelating to products of
special equipment
(including design andoperational)830170000, 847130000, 847141900,
847149900, 847150900, 847330100, 851750,
851780900, 8525, 852610900, 852691, 8527,854389900, 901910900, 9006, 902219000,902229000 (only specific technical tools,
tools for the protection of information and
other tools of dual usage)CNS
Ferrous waste and scrap;
remolding scrap ingots ofiron or steel7204WT/ACC/KAZ/37/Add.1
Page 30
Goods HS-item codeResponsible Ministry or Department
whose Prior Approval is Required
Railway or tramway track
construction material ofiron or steel, the following:rails, check-rails and rackrails, switch blades,
crossing frogs, point rods
and other crossing pieces,sleepers (cross-ties), fish-plates, chairs, chair wedges,
sole plates7302*
Parts of railway or tramway
locomotives or rolling-
stock8607*
Copper waste and scrap 7404 00
 Aluminum alloys,
secondary in ingots, otherand articles made of them7601 20 910, 7601 20 990, 76033-7616 (only
of secondary alloys)
Sources of ionized radiationnot possessing dividedelements)284440 Committee on Atomic Energy under
Ministry of energy and mineral resources
Round wood coniferous of 4403 10-4403 20* Ministry of natural resources and
protection of the environment
Wood of coniferous logs of 4401 10 000* Ministry of natural resources and
protection of the environment
      * The nomenclature of the goods is defined by both code and name of the goods
List of Goods Which May Be Expo rted Under License in Accordance
with International Commitments of the Republic of Kazakhstan
Goods HS-item code Base
Thread and yarn 520411000, 520419 000, 5205, 5206, 5604
90 000The agreement between European
Economic  Community and  the Republic
of Kazakhstan on trade in textile  products
(initialed in Brussels of 15 October 1993)
Fabrics 5208-5212, 5512-5515, 580390300,
581100000, 590500700, 630800000
Men clothing, women
clothing, babies' outer
garments610110-610130900, 610210-610230900,
610510000-610520, 610590100, 610610000-
610620000, 610690100, 6110 (except611090) 6203 (except 620341300,620342110, 620342510, 620342590,
620343110, 620343310, 620343390,
620349110, 620349310, 620349390,620349900) 620461100, 620510000-620530000, 620620000-620640000,
621132900, 621133 900, 621142 900,
621143900
Men clothing, women
clothing, babies' under
garments6109 (except 610990900)
SA sheet roll
SA 1 coils7208 10 000, 7208 25 000, 7208 26 000,
7208 27 000, 7208 36 000, 7208 37 900,
7208 38 900, 7208 39 900, 7211 14 100,7211 19 200, 7219 11 000, 7219 12 100,7219 12 900, 7219 13 100, 7219 13 900,
7219 14 100, 7219 14 900, 7225 20 200,
7225 30 000The agreement between the Government
of the Republic of Kazakhstan and
European Association on Coal and Steelon trade in the certain products fromsteel, signed 15 December 1999
SA 1а Coils, used for
secondary rolling7208 37 100, 7208 38 100, 7208 39 100WT/ACC/KAZ/37/Add.1
Page 31
SA 2 Sheet-thin steel 7208 40 100, 7208 51 100, 7208 51 300,
7208 51 500, 7208 51 910, 7208 51 990,
7208 52 100, 7208 52 910, 7208 52 990,7208 53 100, 7211 13 000
SA 3 Other sheet roll 7208 40 900, 7208 53 900, 7208 54 100,
7208 54 900, 7208 90 100, 7209 15 000,7209 16 100, 7209 16 900, 7209 17 100,
7209 17 900, 7209 18 100, 7209 18 910,
7209 18 990, 7209 25 000, 7209 26 100,7209 26 900, 7209 27 100, 7209 27 900,7209 28 100, 7209 28 900, 7209 90 100,
7210 11 100, 7210 12 110, 7210 12 190,
7210 20 100, 7210 30 100, 7210 41 100,7210 49 100,    7210 50 100,     7210 61 100,
7210 69 100, 7210 70 310, 7210 70 390,7210 90 310, 7210 90 330, 7210 90 380,7211 14 900, 7211 19 900, 7211 23 100,7211 23 510, 7211 29 200, 7211 90 110,
7212 10 100, 7212 10 910, 7212 20 110,
7212 30 110, 7212 40 100, 7212 40 910,7212 50 310, 7212 50 510, 7212 60 110,7212 60 910, 7219 21 100, 7219 21 900,
7219 22 100, 7219 22 900, 7219 23 000,
7219 24 000, 7219 31 000, 7219 32 100,7219 32 900, 7219 33 100, 7219 33 900,7219 34 100, 7219 34 900, 7219 35 100,
7219 35 900, 7225 40 800.
List of Goods Which May Be Expo rted Under Documents on Export in
Accordance with International Commitments of the Republic of Kazakhstan
Goods HS-item code Base
Flat- rolled products of iron
or non- alloy steel in coilsof a width of no more than500 mm
Flat- rolled products of
electrical steel with grainnon-oriented7211 23 990, 7211 29 500
7211 29 900, 7211 90 9007211 23 910, 7225 19 1007225 19 900, 7226 19 100
7226 19 300, 7226 19 900The agreement between the Government of the Republic
of Kazakhstan and the European Union in the form of anexchange of the letters establishing the system of thedouble control without quantitative restrictions
concerning export from Kazakhstan to  the European
Union of steel products specified in the internationalagreements on the European Union and ЕOCS, signed
15 December 1999 in  Brussels (the Belgium Kingdom)
Flat rolled products of silica
electrical steel with grain -oriented7226 11 900WT/ACC/KAZ/37/Add.1
Page 32
APPENDIX 3
Export Customs Duties Rates for Individual Kinds of Goods
Extract from the Resolution of the Government of the Republic of Kazakhstan of 5 June 2000, No.841
(with account of updated amendments and alterations) Customs duties rates for goods, exported from
the territory of the Republic of Kazakhstan outside of member-states of Customs Union
HS Item (CIS) code Goods * Duty Rate (in % of the customs
value or in Euro)
4101 Cattle skin or horse skin, with coat or without
it, split or non-split10, but no less than 90 Euro for
1,000 kg
4102 Sheepskin or lamb skins with coat or without
it, split or non-split10, but no less than 70 Euro for
1,000 kg
4103 Other raw hide and (hide) 10, but no less than 60 Euro for
1,000 kg
5101-5104 00 000Wool, not subjected to carding or combing,
restored wool10, but no less than 50 Euro for
1,000 kg
7404 00 Wastes and copper grab iron 30, but no less than 330 Euro
for 1 ton
7204* Wastes and ferrous grab iron; ingot ferrous
metals for refusion (blend ingots)15, but no less than 20 Euro for
1 ton
7302 Ferrous metal wares, used for railway or tram
ways: rails, counter rails and rack rails,switch rails, crossing frogs, transfer bars and
other cross joints, ties, cover plates and pads,
wedges, bedplates, hook joint bolts, cushionsand tension members, frames, cross-membersand other parts, designed for rail joint and
supporting20, but no less than 20 Euro for
1 ton
7601,7603-7616Untreated secondary aluminum, and
secondary aluminum wares15, but no less than 100 Euro
for 1 ton
8607 Parts of rail or tram locomotives or trains 20, but no less than 15 Euro for
1 ton
* Range of goods is determined both by Code and goods name.
** Export customs duties rates for stipulated goods are not applied in relation to European Union member-
countries.
__________