WORLD TRADE
ORGANIZATIONWT/REG71/2∗
22 April 1999
(99-1646)
Committee on Regional Trade Agreements
ACCESSION OF THE KYRGYZ REPUBLIC TO THE
CUSTOMS UNION BETWEEN THE RUSSIAN FEDERATION,
BELARUS AND KAZAKHSTAN
The following text reproduces the Agreement on the Accession of the Kyrgyz Republic to the
Customs Union between the Russian Federation, the Republic of Belarus and the Republic of
Kazakhstan, as well as the text of the related Agreements on the establishment of the Customs Union.
_______________
AGREEMENT ON JOINING OF THE KYRGYZ REPUBLIC TO THE AGREEMENTS
ON CUSTOMS UNION BETWEEN THE RUSSIAN FEDERATION,
THE REPUBLIC OF BELARUS AND THE REPUBLIC OF KAZAKHSTAN
Signatory/participant States of the Agreements on Customs Union of 6 and 20 January 1995 -
the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation, in the person of their
governments, on the one hand, and the Kyrgyz Republic in the person of its Cabinet of Ministers, on
the other hand, hereinafter referred to as the Contracting Parties,
Continuing  the implementation of the Agreement on the Creation of Economic Union, of
24 September 1993,
Aspiring to the further development of balanced and mutually profitable economic relations,
Confirming  the preparedness to follow the principles, goals and tasks of the Customs Union,
Establishing  the fulfilment by the Kyrgyz Republic of the Terms and Conditions of Forming
the Customs Union established by the Intergovernmental Belarus-Kazakhstan-Russia Commission on22 November 1995,
Hereby agreed  on the following:
Article 1
The Kyrgyz Republic shall join the Agreements on Customs Union, of 6 and
20 January 1995, and the Decision of the Intergovernmental Belarus-Kazakhstan-Russia Commission
On the Terms and Conditions of Forming the Customs Union, of 22 November 1995.
                                                     
∗ This document was previously circulated as WT/ACC/KGZ/30 and WT/REG/71/1.WT/REG71/2
Page 2
Article 2
The Contracting Parties shall undertake, in full, the  rights and commitments arising from the
Agreements on Customs Union, of 6 and 20 January 1995, and from other effective instruments with
respect to targets, principles and terms and conditions, as well as stages and the mechanism of theformation and functioning of the Customs Union.
Article 3
The Contracting Parties shall, taking into consideration the implementation by the
Kyrgyz Republic of commitments on forming a single system of regulating the foreign economic
activity, unifying foreign trade and customs legislation and establishing a single trade regime of theCustoms Union member States in relations with third countries, introduce a free trade regime in its
full without exceptions and restrictions in tr ade economic relations between the Customs Union
member States - the Republic of Belarus, the Republic of Kazakhstan, the Russian Federation and the
Kyrgyz Republic.  In this, all the previous agreem ents and protocols between the Contracting Parties
concerning exceptions to the free trade regime shall be considered invalid.
Article 4
This Agreement shall not affect the rights of any Contracting Party to take according to
international law and its domestic legislation, measures necessary for the protection of State security,public order, health and morality of the population, cultural and historical heritage of their peoples
and for the protection of rare animals and plants.
Article 5
Disputes and disagreements between the Contracting Parties concerning  the interpretation
and/or application of the provisions of this Agreement will be settled by means of consultations and/or
negotiations.
Article 6
This Agreement shall not affect the effect of other international agreements of the Customs
Union member States which do not contradict this Agreement.
Article 7
Each Contracting Party may leave this Agreement by sending other Contracting Parties,
12 months before leaving, an official written notification of its intention to leave this Agreement.
Article 8
This Agreement shall be temporarily applied from the date of its signing and shall come into
force from the date of the last notification on the implementation in the Republic of Belarus, Republic
of Kazakhstan, Russian Federation and the Kyrgyz Republic of inner-State procedures necessary for it
to come into force.WT/REG71/2
Page 3
Done in the City of Moscow, on 29 March 1996, one copy in Russian.  The original shall be
kept in the Archives of the Government of the Russian Federation, that will send each signatory State
a certified copy of the Agreement.
For the Government of the For the Cabinet of Ministers of
Republic of Belarus the Kyrgyz Republic
For the Government of the For the Government of the
Republic of Kazakhstan Russian FederationWT/REG71/2
Page 4
AGREEMENT ON CUSTOMS UNION BETWEEN THE RUSSIAN FEDERATION,
THE REPUBLIC OF BELARUS AND THE REPUBLIC OF KAZAKHSTAN
The Government of Belarus and the Government of the Russian Federation - on the one hand,
and the Government of the Republic of Kazakhstan - on the other hand, hereinafter referred to as the
Contracting Parties,
Aspiring  to the further development of balanced and mutually profitable economic relations,
Expressing  their intent to continue the implementation of the Agreement on the Creation of
Economic Union, of 24 September 1993,
Desiring  to begin the formation of a customs union between them,
Hereby agreed   on the following:
Article 1
The Contracting Parties shall establish a single customs union of which goals and principles
of formation, mechanism and stages of formation, order of functioning, as well as distribution of
customs duties, taxes and levies, terms and conditions for the introduction of provisional/temporaryrestrictions and customs control are determined by the Agreement on Customs Union between the
Russian Federation and Belarus, of 6 January 1995.
Article 2
The Contracting Parties shall undertake, in full , the rights and commitments arising from the
Agreement on Customs Union between the Russian Federation and the Republic of Belarus, of
6 January 1995, that concern goals, principles of functioning, mechanism and stages of creating the
Customs Union, distribution of customs duties, taxes and levies, terms and conditions of introducing
provisional/temporary restrictions and customs control.  The regulation of the foreign economic
activity of the Republic of Kazakhstan will be carried out in accordance with the Agreement On
Single Procedure of Regulating Foreign Economic Activity between the Government of the RussianFederation and the Government of the Republic of Kazakhstan, of 20 January 1995.
Article 3
For the implementation of this Agreement, on the basis of a separate agreement, the
Contracting Parties will establish an executive body of the Customs Union.
The Contracting Parties will, until the creation of the executive body, be guided by the
provisions of the Agreement between the Government of the Russian Federation and the Government
of Belarus, of 6 January 1995.
Article 4
The Contracting Parties have agreed that integral parts of this Agreement shall be the
Agreement On Single Procedure of Regulating Foreign Economic Activity between the Governmentof the Russian Federation and the Government of the Republic of Kazakhstan, of 20 January 1995,
and the Protocol on the Introduction of a Free Trade Regime without Exceptions and Restrictions
between the Russian Federation and the Republic of Kazakhstan, of 20 January 1995.WT/REG71/2
Page 5
Article 5
This Agreement shall not affect the rights of any Contracting Party to take, according to
international law and its domestic legislation, measures necessary for the protection of State security,
public order health and morality of the population, cultural and historical heritage of their peoples andfor the protection of rare animals and plants.
Article 6
Disputes and disagreements between the Contracting Parties concerning the interpretation
and/or application of the provisions of this Agreement will be settled by consultations.
Article 7
This Agreement shall not affect the effect of other international agreements of the Republic of
Belarus, the Russian Federation and the Republic of Kazakhstan which do not contradict this
Agreement.
Article 8
Each Contracting Party may leave the Agreement by sending the other Contracting Party,
12 months before leaving, an official written notification of its intention to leave the Agreement.
Article 9
This Agreement shall be temporarily applied from the date of signing and shall come into
force from the date of the last notification on the fulfilment in the Republic of Belarus,Russian Federation and the Republic of Kazakhstan of the inner-State procedures necessary for it to
come into force.
Done in the City of Moscow, on 20 January 1995, in  one original in Russian.  The original is
kept in the Archives of the Government of the Russian Federation, that will send each signatory State
a certified copy of the Agreement.
For the Government of For the Government of
Belarus the Republic of Kazakhstan
For the Government of
the Russian FederationWT/REG71/2
Page 6
AGREEMENT ON CUSTOMS UNION BETWEEN THE
RUSSIAN FEDERATION AND THE REPUBLIC OF BELARUS
The Government of the Russian Federation and the Government of the Republic of Belarus
hereinafter referred to as the Contracting Parties,
Aspiring  to further develop balanced and mutually beneficial economic relations,
Desiring  to ensure further development of the rights and freedoms of Man and Citizen of the
countries on the principles of democracy as set forth in the United Nations Organisation's documents,
Recognising  the international generally accepted standards of economic relations and having
regard to the GATT / WTO rules,
Confirming their adherence to the unhampered development of mutual economic co-
operation,
Expressing the intention to continue the implementation of the provisions of the Agreement
on the Creation of Economic Union through a stage-by-stage formation of a customs union,
Being guided  by Article 4 of the Agreement on the Creation of Economic Union that
provides, for every form of integration, the development of package/complex of interrelated measures
to be carried out in compliance with separate agreements ,
Establishing the achievement of certain results within the framework of the Agreement On
Single Procedure of Regulating Foreign Economic Activity between the Government of the RussianFederation and the Government of the Republic of Belarus, of 12 April 1994 (the City of Moscow),
and
Aiming at determining the commitments and rights of the Contracting Parties in a stage-by-
stage formation of the customs union .
Hereby agreed as follows:
Article 1
The Aims and Principles of Functioning of the Customs Union
1. The Contracting Parties shall declare the following aims for the creation of the Customs
Union:
- to provide, through the concerted action, the social and economic progress of their
countries by removing the inter-State barriers for a free economic co-operation
between business entities;
- to ensure the stable development of the economy, unhindered commodity exchange
and fair competition;
- to strengthen the co-ordination of economic policy of their countries and to ensure the
all-round development of the national economy;
- to create the conditions for the formation of a single economic space;WT/REG71/2
Page 7
- to create the conditions for the active entering of the Customs Union member States
in to the world market,
2. The Contracting Parties shall define the Customs Union as an economic unification of the
States that is based on the following principles:
(a) presence of a single customs territory of the Customs Union member States.  The
formation of a single customs territory shall be carried out by:
- cancelling customs duties, taxes and levies, which are of equivalent effect, as
well as quantitative restrictions in trade, between the States of the Contracting
Parties, in goods originating in their territories;
- establishing and applying with respect to third countries the same trade
regime, common customs tariffs and measures of non-tariff regulation of
foreign trade;
- forming a mechanism of relationship of the Customs Union with third States
and international organisations on the basis of the provisions of the
Agreement on Single Procedure of Regulating Foreign Economic Activity
between the Government of the Russian Federation and the Government of
the Republic of Belarus, of 12 April 1994;
(b) presence of a one-type mechanism of regulating the economy that is based on market
principles of management and unified legislation.
Article  2
The Mechanism and Stages of Creating the Customs Union
1. The Contracting Parties shall carry out a complex of interrelated measures on the formation of
the Customs Union that include the following mandatory components:
1.1 The first stage:  Practical application of the mechanism of functioning of the
Agreement on the Creation of a Free Trade Area, of 15 April 1994, and first of all,
the cancellation of tariff and quantitative restrictions in mutual trade in compliance
with the Protocol on the Introduction of a Free Trade Regime without Exceptions and
Restrictions between the Russian Federation and the Republic of Belarus, of
6 January 1995, which is integral part of this Agreement.
The cancellation of the restrictions in mutual trade will happen on the basis of
applying the Agreement on Single Procedure of Regulating Foreign Economic
Activity between the Government of the Russian Federation and the Government of
the Republic of Belarus, of 12 April 1994, and creating fully identical systems of the
regulation of foreign economic relations (as well as tariff and non-tariff regulation),and establishing the same trade regime, common customs tariffs and measures of
non-tariff regulation with respect to third countries.
1.2. The unification, within 4 months from the date this Agreement is signed, of foreign
trade, customs, currency and financial, tax and other legislation that affects foreigneconomic activity and relates in particular to:WT/REG71/2
Page 8
- the economic conditions of management on the basis of market principles
that provide equal possibilities/opportunities and guarantees for business
entities of the States of the Contracting Parties;
- pricing policy;- currency regulation and currency control;- export control;- unfair competition and restrictive business practices;
- intellectual property.
1.3. The formation of the mechanism of relationship of the Customs Union with third
countries and international organisations on the basis of delegating relevant
authorities to one of the Contracting Parties.
2. The Contracting Parties shall organise the work on unifying national legislation that regulates
the economic activity.  The Contracting Parties shall be obliged to provide each other with the texts of
current acts, assist in explaining and specifying the content of their provisions on the reformation of
the national economy.
3. The Contracting Parties shall organise control of law-applying practice and ensuring the
uniformity of carrying out methods of:
- creating reliable mechanisms on control in order not to permit a non-sanctioned re-
exportation of goods to third countries;
- carrying out payment-settlement relations for trade and non-trade transactions on
bilateral and multilateral basis;
- applying the single regulation of foreign economic relations with third countries;
- bringing together economic conditions of management;
- maintaining customs statistics of foreign trade;- implementing reliable customs control at external customs borders of the States of the
Contracting Parties.
4. The second stage:  After all the measures provided by the first stage are carried out, the
unification of customs territories of the States of the Contracting Parties to a single customs territory,
the solving of the issue on international legal capacity of the Customs Union and on the fate of currentinternational agreements.
5. The Contracting Parties shall apply the Bases of Customs Legislation of the member States of
the Community of Independent States, approved by the Council of the Community's Government
Heads, on 10 December 1994.
6. The Contracting Parties shall apply a Single Methodology of customs statistics of foreign
trade of the member States of the Community of Independent States approved by the Council of the
Government Heads of the Community's States on 10 December 1994.WT/REG71/2
Page 9
7. The Contracting Parties shall apply the Rules of Determining a Country of Origin of Goods
approved by the Council of the Government Heads of the Community's States on 24 September 1993,
with the subsequent amendments and supplements.
8. The Contracting Parties shall apply the Agreement on Re-exportation of Goods and on
Procedure of Granting Permission for Re-expor tation, signed in Moscow on 15 April 1994.
9. The Contracting Parties may, as far as this Agreement is implemented, by mutual consent,
introduce more precise definitions in the content and terms of performing individual measures of the
stages mentioned in this Article.
Article 3
The Organisation of Work on the Creation of the Customs Union
The Contracting Parties with a view to create the customs union shall apply the mechanism of
bilateral and/or multilateral consultations on the issues arising from the objectives, principles,
conditions and stages of the creation of the Customs Union.
Article 4
Distribution of Customs Duties, Taxes and Levies that are of Equivalent Effect
1. The amounts of import customs duties, taxes and levies, that are of equivalent effect, on the
goods originating in the territory of a third country shall be paid to the budget of the State of that
Contracting Party which is the country of destination of the product.   
2. The amounts of export customs duties, taxes and levies, that are of equivalent effect , on the
goods originating in the territory of a third country and exported from the territory of the State of anyContracting Party to the territory of the State of th e other Contracting Party shall be paid to the budget
of the State of that Contracting Party from th e territory of which this product is exported.
3. The amounts of export customs duties, taxes and levies, that are of equivalent effect, on the
goods exported from the territory of any of the Contracting Party to a third country:
(a) with respect to the goods originating in th e territory of the State of any Contracting
Party, taking into account the provisions of sub-paragraph (b) of paragraph 3 hereof
shall be paid to the budget of the State of that Contracting Party in the territory of
which this product originates;
(b) with respect to the goods produced on the territory of any Contracting Party with the
use of raw material and/or materials originating in the territory of any other
Contracting Party shall be placed in the budgets of the States of the Contracting
Parties in compliance with the agreed distribution of the amounts of export customs
duties;
(c) with respect to the goods originating in the territory of a third country shall be paid to
the budget of the State of that Contracting Party from the territory of which this
product is exported.
4. The Contracting Parties shall co-ordinate the order of the mutual placing of customs duties,
taxes and levies that are of equivalent effect.WT/REG71/2
Page 10
Article 5
Terms and Conditions of Introducing Temporary/Provisional Restrictions
`
1. Temporary restrictions in mutual trade by using tariff, quantitative or other equal measures
may be applied only in cases:
- of acute deficit of this product in the domestic market - until the situation in the
market is stabilised;
- of acute deficit of the balance of payments - until the situation with the balance of
payments is stabilised;
- where a product is imported to the territory of one of the Contracting Parties in such
increased amounts or on such terms which damage or threaten to damage domestic
producers of similar or immediately competitive goods.
2. Before any restrictive measures are taken in cas es after the necessity in the their application
has appeared, the Contracting Parties should provide each other with relevant information for
consultations.  The conducting of consultations in order to search a decision acceptable for the
Contracting Parties shall be carried out within a term as short as possible.
3. If, as a result of such consultations, the Contracting Parties within 45 days from the day of
obtaining relevant information do not reach agreement  regarding taking measures to avoid the
situation formed, the Contracting Party that required the conducting of consultations will be free to
introduce restrictive measures in such volume and for such a term that are required to prevent or
remove damage.
4. In critical conditions, when delay can cause damage that will be difficult to remove, the
Contracting Parties may take the measures mentioned in this Article before the conducting of such
consultations, provided that the consultations will be conducted immediately after such measures are
taken.
5. The provisional/temporary restrictions to be introduced on importation or exportation from
the date of their adoption by one of the Contracting Parties should be conveyed to the otherContracting Party within the shortest terms.
6. The Contracting Parties shall continue the work on the unification of normative and legal
basis in order to avoid the possibilities/opportunities for the conditions, that cause the introduction of
tariff and/or quantitative restrictions in mutual trade, to appear.
7. The Contracting Parties shall provide control of exportation (importation) of goods subject to
quotas and licensing.
Article 6
Customs Control
1. The Contracting Parties shall provide the unity of managing their customs services on the
basis of the relevant Agreement between the Government of the Russian Federation and the
Government of the Republic of Belarus.
2. Taking into account the provisions of paragraph 1 hereof, the Contracting Parties shall:WT/REG71/2
Page 11
- organise joint control over the transfer of goods and vehicles.  The order and
organisation of such control shall be regulated by individual arrangements (protocols)
between the customs bodies of the Contracting Parties;
- cancel customs control on the common border providing undoubtedly reliable
customs control on their external borders.
Article 7
Exceptions
This Agreement shall not affect the rights of any Contracting Party to take, according to
international law and its domestic legislation, measures necessary for the protection of the Statesecurity, public order, health and morality of the population, cultural and historical heritage of their
peoples and for the protection of rare animals and plants.
Article 8
Concluding Provisions
1. All disputes and disagreements betw een the Contracting Parties concerning  the interpretation
and/or application of the provisions of this Agreement shall be settled by consultations.
2. This Agreement shall not affect the actions of other international agreements concluded by
the Contracting Parties and not contradicting this Agreement;  if necessary, the Contracting Parties
shall be obliged to bring them into  conformity with this Agreement.
3. Any Contracting Party may leave this Agreement by sending, 12 months before leaving, an
official written notification to the other Contracting Party on its intention to leave the Agreement.
4. This Agreement shall be temporarily applied from the date it is signed and shall come into
force from the date of exchanging notifications on the fulfilment by the Contracting Parties of all
necessary inner-State procedures.
5. This Agreement shall be open to join for any member State of the Community of Independent
States that accepts the provisions of the Agreement that are in effect  at the moment of joining andexpresses the readiness to fulfil them in full.  The joining shall be carried out with the consent of the
Contracting Parties on terms and according to the procedure to be established in a separate agreement
with a joining State.
Done on 6 January 1995, in the City of Minsk, in two originals in the Russian and Belarussian
languages, and both texts are equally valid.
For the Government For the Government
of the Russian  Federation of the Republic of Belarus
__________