G/C/W/774  
G/TFA/W/20  
 
31 January 2020  
(20-0770) Page: 1/6 
Council for Trade in Goods  
Committee on Trade Facilitation  Original: English  
 
 
KAZAKHSTAN  - TRADE RESTRICTIONS O F GOODS IN TRANSIT  
COMMUNICATION FROM T HE KYRGYZ REPUBLIC  
The following communication, dated 31 January  2020, is being circulated at the request of the 
Delegation of the Kyrgyz Republic.  
 
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1. The Kyrgyz Republic is a landlocked country, and unimpeded transit routes are vitally 
important for its trade links with  WTO countries. In this regard, the Kyrgyz Republic expresses its 
deepest concern with regard to Kazakhstan's measu res on the restriction of the usage of transit 
routes that have led to irrecoverable harm to the trade relations of  the Kyrgyz Republic with the 
Russian Federation and other third countries, caused by the excessive strengthening of control s of 
transit of goods coming from the Kyrgyz Republic.  
 
2. Since March  2019, significant delays in the movement of goods on the territory of the Republic 
of Kazakhstan have been observed, especially on goods in transit coming from the Kyrgyz Republic 
to the territory of the Russia n Federation  through the Republic of Kazakhstan. This has been  caused 
by excessive inspections by the Kazakh authorities, which have become very burdensome , including 
elements of abuse by the inspection bodies of the Republic of Kazakhstan.  
 
3. The Kyrgyz Republic is deeply concerned by the fact that checks of transit goods from the 
Kyrgyz Republic are done in a systematic and complex manner, where a Kyrgyz transport operator 
encounters several episodes of burdensome inspection of goods during a crossing of the territory of 
the Republic of Kazakhstan, as follows : 
 
4. First, the difficulties begin from the moment of entry into the territory of the Republic of 
Kazakhstan, when the goods transporter is detained by the inspection authorities of the Re public of 
Kazakhstan while crossing the border of the Republic of Kazakhstan. After a long delay stuck in a 
long queue at the entrance, which takes up to three  days, the cargo carrier reaches the checkpoint . 
 
5. Second, during the encounter with Kazakh ins pection authorities, the checking authorities, in 
turn, having checked all documents relating to the  goods  carried , through unjustified verbal 
demands, force Kyrgyz transporters to drive to a certain zone inside the territory of the Republic of 
Kazakhstan for a thorough and deep inspection of goods;  
 
6. Third, on the territory of the designated and defined by the Republic of Kazakhstan area, 
employees of the fiscal authorities of Kazakhstan, namely the State Revenue Committee under the 
Ministry of Finance o f the Republic Kazakhstan, begin to conduct a thorough inspection of goods, 
forcing them to unload the vehicle and expose each single unit. This act of thorough inspection takes 
from one to three  days. Here, it should be noted that, as a rule, when the inspector is required to 
issue a certificate of inspection endorsing that the goods were inspected, representatives of the 
inspection authorities refuse to issue this document on all possible grounds ; 
 
7. Fourth, upon reaching the checkpoint at the exit from the territory of the Republic of 
Kazakhstan to the Russian Federation, employees of the same Kazakh State Revenue Committee 
require Kyrgyz exporters to pass through a second thorough inspection of the goods, using X -rays 
and unloading the goods on to a specially designated area. This process also takes up to three  days.  
 G/C/W/774 • G/TFA/W/20  
 
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  At the same time, we note that these unnecessary inspections by Kazakh inspection bodies are 
carried out without providing an open explanation of the reasons for this. Moreover, employe es of 
the Kazakh authorities do not introduce themselves, perform their functional duties without name 
badges and do not provide any identification documents. If the inspectors are required to present 
official instructions or orders, or to name a document on the basis of why the cargo is detained , and 
a thorough inspection is carried out, the officials of the Republic of Kazakhstan avoid providing 
answers by referring to the oral order "from the above".  
 
8. As a result, unjustified and trade -distorting border measures applied by the Republic of 
Kazakhstan to Kyrgyz cargo transport caused a heavy financial burden on Kyrgyz transporters and 
have had a very negative impact on trade between the states. These unilateral trade restrictions, in 
turn, led to a critical congestion of cargo transport amount ing to  up to 250  units, and with a length 
up to 10  kilometres. Before March  2019 under normal conditions the border passage was completed 
within 2 -3 hours, now the border passage can take a number of days. There  were cases of crossing 
the border up to 10  days after arrival to the Kyrgyz -Kazakh  border. If previously the inspection of 
goods by the Kazakh authorities at the customs point was carried out within 30  minutes, now the 
check can take a number of days incl uding the thorough check of every single good in the special 
zones.  
 
9. At the same time, the Kyrgyz Republic specially notes that the above -mentioned complicated 
and trade -distorting excessive measures of Kazakhstan are carried out specifically with respe ct to 
transit goods passing through the territory of Kazakhstan and have no relation to the market of 
Kazakhstan itself.  
 
10. The Kyrgyz Republic has undertaken all necessary steps to resolve the situation on a bilateral 
basis by officially writing to the responsible Ministry of the Republic of Kazakhstan in July  2019 and  
holding bilateral consultations in October  2019, where the Kyrgyz party informed the Kazakh party 
in detail about the critical situation of mass congestion of vehicles due to the sharp co mplication of 
the nature of inspections by Kazakh inspectors . The Kyrgyz Republic urged the Republic of 
Kazakhstan to eliminat e applied trade restrictions and to act within the spirit and the rules 
established by the WTO.  
 
11. Thus, after passing the sufficient time period for the Republic of Kazakhstan to react to the 
concerns of the Kyrgyz Republic, we regrettably note that there are no signals of improvement in 
the situation at the border, and moreover, the situation, on the contrary, deteriorated in the post -
consultation period, becoming even more severe.  
 
12. At the current time, due to further strengthening of measures by the Kazakh side, the Kyrgyz 
goods transporters remain stuck at the border amid severe natural and clima tic conditions during 
the winter period. Some trucks stay for one  week. Traffic lanes are lined up in three  rows on the 
right, and two rows on the left side of the road. The length of the truck congestion stretches up to 
ten kilometres . The Ministry of Eme rgency of the Kyrgyz Republic has organized basic facilities  to 
create conditions and provide medical and food assistance for goods transporters who stand in harsh 
climatic conditions for several days.  
 
13. Thus, taking into account the current very diffic ult and critical situation and unilateral 
measures that are not resolved by the Kazakh side, despite the efforts and appeals of the Kyrgyz 
side on a bilateral basis and on the EAEU  platform, the Kyrgyz Republic finds the measures taken by 
the Kazakh author ized bodies to be trade -restrictive in nature at the state border checkpoints , with  
signs of flagrant violation of the basic norms of the World Trade Organization Agreements, inter alia : 
 
I. General Agreement on Tariffs and Trade (GATT)  
 
1. Article  III, "National treatment";  
2. Article  V, "Freedom of transit";  
3. Article  X, "Publication and Administration of trade regulations";  
4. Article  XI, "General elimination of quantitative restrictions".  
 
II. Trade Facilitation Agreement (TFA)  
 
1. Article  7, "Relea se and clearance of goods";  
2. Article  11, "Freedom of transit".  G/C/W/774 • G/TFA/W/20  
 
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14. We urge the Republic of Kazakhstan to abide by the WTO  rules within the framework of the 
Council for Trade in Goods and the Committee on Trade Facilitation, to follow the commitments 
undertaken to the WTO Members, and to immediately terminate measures that distort trade.  
 
15. Thus, the Kyrgyz Republic sends the following questions to the Republic of Kazakhstan and 
would  be grateful if the Republic of Kazakhstan could provide comprehensive and substantive 
answers within the shortest possible time-period.  
QUESTIONS TO THE REP UBLIC OF KAZAKHSTAN REGARDING TRANSIT ME ASURES  
General questions  
 
16. Explain in detail how the excessive control of the traffic in transit since March  2019 from the 
territory of the Kyrgyz Republic through the territory of the Republic of Kazakhstan complies with 
WTO rules.  
 
17. Provide information in detail about the policy rationale behind the int roduction of the given 
trade restrictive controlling measures.  
 
18. Explain what decisions, new rules, and other regulatory documents of the Republic of 
Kazakhstan can justify their restrictive measures of transit traffic from the territory of the Kyrgyz 
Republic, in particular, into the Russian Federation.  
 
19. Provide all operational details, including subsidiary legislation or enforcement orders for the 
authorities of the Committee on Revenues under the Finance Ministry of the Republic of Kazakhstan 
regarding the implementation of these measures.  
 
20. Clarify whether:  
 
(a) The measures are applied, whether in law or in fact, only to goods in transit from the 
territory of Kyrgyz Republic to the territory of the Russian Federation; or  
 
(b) the measures are also applied, whether in law or in fact, to goods in transit from the 
territory of other countries. List these countries, if applicable.  
 
21. Explain whether the Republic of Kazakhstan has any other similar trade restrictions on traffic 
in transit towards the goods from and to the other countries. If so, please provide details.  
 
Specific questions  
22. Explain in detail the rationale for the Republic of Kazakhstan to thoroughly inspect goods from 
the Kyrgyz Republic, whether in law or in fact, by requiring to open and expose every single good 
item at the entry points which result in two -day wait s for the Kyrgyz traders, taking into account 
that the goods are in transit?  
 
23. In doing so, why does Kazakhstan fail to apply any risk management system for selecting the 
goods to apply thorough inspection, as it is stipulated in Article  7.4 of the TFA? 
 
24. Explain in detail, why after the thorough inspection s have been completed, the Kazakh officials 
refuse to provide inspection certificate s or any other documents proving the acts of inspection.  
 
25. Explain in detail, why after reaching the exit point at the Kazakh -Russian Federation border, 
the Kazakh official based on a lack of inspection certificate, require s the same already inspected 
Kyrgyz tra ders to pass another thorough inspection? What is the rationale for the additional 
inspection of the goods in transit?  
 
26. Explain why the Kazakh officials refuse to provide official and legal reasons for the 
trade -restrictive measures, referring to the u nofficial order "from the above". What is standing 
behind the order "from the above"? Please explain in detail.  
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  General Agreement on Tariffs and Trade (GATT  1994)  
 
27. According to Article  V:2 of GATT  1994, there shall be freedom of transit of goods from the 
Kyrgyz Republic through the territory of the Republic of Kazakhstan as a route most convenient for 
international transit, for traffic in transit to the territory of the Russian Federation and other third 
countries, and no distinction shall be made whic h is based on the flag of transport, the place of 
origin, departure, entry, exit or destination, or on any circumstances relating to the ownership of 
goods, or of transport. How can Kazakhstan explain that their trade -restrictive measures comply 
with the A rticle V:2? 
 
28. Does Kazakhstan,  during their excessive inspection in a trade -restrictive manner of the goods 
coming from the territory of the Kyrgyz Republic make explicit distinction s based on the  Kyrgyz 
Republic flag on the transport?  
 
29. Explain how the measures of Kazakhstan comply with the norms of Article  V:3 of GATT  1994, 
which stipulate that the goods in transit from the Kyrgyz Republic shall not be subject to any 
unnecessary delays or restrictions , taking into account that the goods coming from the territory of 
the Kyrgyz Republic pass through the proper check points indicated by the Republic of Kazakhstan 
according to Kazakhstan' s legislation?  
 
30. According to Article  X:1 of GATT  1994,  trade -restrictive measures  by Kazakhstan, rela ted to 
these measures , laws, regulations, judicial decisions , and administrative rulings of general 
application, affecting sale, distribution , and transportation of the goods in transit from the Kyrgyz 
Republic shall be published promptly by Kazakhstan in such a manner as to enable the Government 
of the Kyrgyz Republic and Kyrgyz traders to become acquainted with them. Explain the reasons for 
failure to publish such laws, regulations , and judicial decisions by Kazakhstan during their excessive 
inspection of  the goods in transit coming from the territory of the Kyrgyz Republic according to the 
Article  X:1 of GATT  1994?  
 
31. Explain why Kazakh officials during the inspection refuse to mention or refer to any such laws, 
regulations, judicial decisions , and admi nistrative rulings, when the Kyrgyz traders are require d to 
provide such a document?  
 
32. According to Article  X:2 of GATT  1994, no measure of general application taken by Kazakhstan 
which impose s new or more burdensome requirements and restrictions to the  goods in transit from 
the Kyrgyz Republic shall be enforced before such measure has been officially published. Explain, 
how the actions of Kazakhstan comply with Article  X:2 of GATT  1994 since the Kyrgyz Republic and 
its traders and their association have not received or found in the official sources of Kazakhstan, any 
publications of laws, regulations, judicial decisions and administrative rulings of general application, 
justifying, informing , or warning about the ongoing trade -restrictive thorough in spection s and delays 
in trade -restrictive manner?  
 
33. The Kyrgyz Republic is firmly confident that, in this regard, according to Article  X:2 of 
GATT  1994, even if there are such administrative ruling s not published in the appropriate way, such 
measures sh ould not be implemented against the transit of the Kyrgyz goods. Explain the position 
of the Republic of Kazakhstan on this issue.  
 
34. Explain how the Republic of Kazakhstan's application of the trade -restrictive measures with 
respect to the goods in transit from the Kyrgyz Republic complies with Article  XI:1, which stipulates 
that no prohibitions or restrictions other than duties, taxes , or other charges, whether made effective 
through quotas, import or export licenses or other measures, shall be inst ituted or maintained by 
any contracting party on the importation of any product of the territory of any other contracting 
party or on the exportation or sale for export of any product destined for the territory of any other 
contracting party?  
 
Trade Facili tation Agreement (TFA)  
 
35. According to Article  11.1 of the TFA, any regulations or formalities in connection with traffic 
in transit imposed by Kazakhstan shall not be applied with respect to the goods in transit from the 
Kyrgyz Republic in a manner that  would constitute a disguised restriction on traffic in transit. Explain 
how the excessive and trade -restrictive inspection with respect to the goods in transit from the 
Kyrgyz Republic comply with Article  10.1 of the TFA? G/C/W/774 • G/TFA/W/20  
 
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36. While conducting excessive a nd trade -restrictive inspection s of goods in transit from the 
Kyrgyz Republic, Kazakh officials refuse to provide or refer to any laws, regulations, judicial decisions 
and administrative rulings, and when the Kyrgyz traders are require d to provide such a document, 
Kazakh officials orally say that this is an order "from the above ". These ambiguous actions by the 
Republic of Kazakhstan are evaluated by the Kyrgyz Republic as actions that constitute a disguised 
restriction on traffic in tra nsit of goods according to Article  11.1 of the TFA. Does the Republic of 
Kazakhstan agree with this statement?  
 
37. If the answer is "No" to question  21, then explain what does an order "from the above" mean,  
and what is the rationale behind the reluctance  of the Kazakh controlling officials to provide the 
official reasons?  
 
38. According to Article  11.6 of the TFA, the documentation requirements in connection with goods 
in transit from the Kyrgyz Republic applied by the Republic of Kazakhstan shall not be more 
burdensome than necessary to identify the goods and ensure fulfilment of the transit requirements. 
Explain how the extent of the excessive control s by Kazakh officials and the burden created for the 
Kyrgyz traders, which significantly surpass the requ irements laid down in Article  11.6, comply with 
the given norm of the TFA? 
 
39. According to Article  11.7 of the TFA, once goods in transit from the Kyrgyz Republic have been 
put under a transit procedure and have been authorized to proceed from the point of origination in 
the territory of the Republic of Kazakhstan, they shall not be subject to any unnecessary delays or 
restrictions until they conclude their transit at the point of destination within the territory of the 
Republic of Kazakhstan. Also, Artic le 11.9 of the TFA stipulates that once traffic in transit has reached 
the customs office where it exits the territory of a Member, that office shall promptly terminate the 
transit operation if transit requirements have been met. Explain how the excessive and 
trade -restrictive inspection s with respect to the goods in transit from the Kyrgyz Republic comply 
with Article  11.7 and Article   11.9 of the TFA, while Kyrgyz traders , after being thoroughly inspected 
and detained for two  to three  days at the entrance point at the Kyrgyz -Kazakh border , are subject 
to additional second inspection s at the exit point at the Kazakhstan -Russian Federation border?  
 
40. According to Article  11.8, the Republic of Kazakhstan shall allow and provide for advance filing 
and processing of transit documentation and data with respect to goods in transit from the Kyrgyz 
Republic prior to the arrival of goods. Explain why Kazakhstan did not adopt or main tain procedures 
allowing to and providing for the advance filing and processing of transit documentation and data 
prior to the arrival of goods, in order to prevent the enormous congestion of traffic which was created 
at the Kyrgyz -Kazakh borders?  
 
41. Article VII of the TFA describes in detail the procedures that Member countries are required 
to establish or maintain for the release and customs clearance of imported, exported , or transit 
goods. However, the Republic of Kazakhstan, for unclear reasons, chec ks transit cargo and scan s 
the following documents:  
 
– TIR; 
– Waybill;  
– Invoice and other payment documents;  
– Vehicle registration certificate;  
– A border crossing ticket.  
 
42. Explain why the Republic of Kazakhstan did not take any actions envisaged in Article  7 of the 
TFA with respect to the goods in transit coming from the territory of the Kyrgyz Republic, including 
the following:  
 
– adoption and maintaining procedures allowing for the submission of import 
documentation and other required information in order to begin processing prior to the 
arrival of goods with a view to expediting the release of goods upon arrival ; 
 
– provision for advance lodging of documents in electronic format for pre -arrival 
processing of such documents ; 
 G/C/W/774 • G/TFA/W/20  
 
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  – adoption  and maintaining risk management system s for customs control in such a 
manner as to avoid arbitrary or unjustifiable discrimination, or a disguised restriction 
on international trade ; 
 
– concentration of customs control activities on high -risk consignments  and expedition of 
the release of low -risk consignments by selection, on a random basis, consignments for 
such controls as part of its risk management.  
 
__________