RESTRICTED  
  
WT/ACC/KAZ/77  
 
15 July 2013  
(13-3801)  Page: 1/95  
Working Party on the Accession of Kazakhstan  Original: English  
 
ACCESSION OF KAZAKHSTAN 
ADDITIONAL QUESTIONS AND REPLIES 
 The following submission, dated 10 July 2013, is being circulated at the request of the 
Delegation of Kazakhstan. 
  
_______________ WT/ACC/KAZ/77 
 
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  TABLE OF CONTENTS 
II. ECONOMIC POLICIES .............................................................................................. 3  
-  Monetary and Fi scal Policy ...................................................................................... 3  
-  Foreign Exchange and Payments ............................................................................. 3  
-  Investment Regime ................................................................................................. 4  
-  State Ownership, State-Trading Entities and Privatization ...................................... 9  
(a) Privatization ............................................................................................................ 9  
(b) State-owned and State-controlled Enterprises, Enterprises with Special 
and Exclusive Privilege .......................................................................................... 18  
-  Pricing Poli cies ...................................................................................................... 31  
III. FRAMEWORK FOR MAKING AND ENFORCING PO LICIES ........................................ 32  
-  Powers of Executive, Legislative and Judicial Branches of Government ................ 32  
IV. POLICIES AFFECTING TRADE IN GOODS ............................................................... 34  
-  Registration Requirements for Im port and Export Operations .............................. 34  
A. IMPORT REGU LATIONS ......................................................................................... 35  
-  Ordinary Customs Duties ....................................................................................... 35  
-  Tariff Rate Quotas ................................................................................................. 37  
-  Fees and Charges for Services Rendered ............................................................... 38  
-  Application of Internal Taxes to Imports ............................................................... 38  
-  Quantitative Import Restrictions, including Prohibitions, Quotas and 
Licensing Sy stems ................................................................................................. 41  
(a) Quantitative Import Restrictions, in cluding Prohibitions and Quotas .................... 41  
-  Rules of Or igin ...................................................................................................... 44  
-  Anti-dumping, Countervailing Duty  and Safeguar d Regimes ................................. 45  
B. EXPORT REGU LATIONS ......................................................................................... 47  
-  Customs Tariffs, Fees and Charges for Services Rendered, Application of 
Internal Taxes to Exports ...................................................................................... 47  
C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS ............................... 49  
-  Industrial Policy, including Subsidies .................................................................... 49  
-  Technical Barriers to Trade, Standards and Certification ....................................... 51  
-  Trade-related Invest ment Meas ures ..................................................................... 59  
-  Government Pr ocurement ..................................................................................... 63  
V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME ............................................. 65  
Appendix 1 ..................................................................................................................... 68  
Appendix 2 ..................................................................................................................... 91  
Appendix 3 ..................................................................................................................... 92  
Appendix 4 ..................................................................................................................... 94  
Appendix 5 ..................................................................................................................... 95  
 WT/ACC/KAZ/77 
 
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  II. ECONOMIC POLICIES 
- Monetary and Fiscal Policy 
Question 1 Could Kazakhstan indicate in the Working Pa rty Report text what, if any, regional 
initiatives in the area of monetary or fisc al policy coordination are contemplated under 
the new, expanded structure of the Eurasian Economic Commission and the Eurasian Economic Union contemplated for implementation in 2015? 
In light of ongoing expanded Eurasian Economic Union competencies, we would 
appreciate information in the report outlining these prospective changes. 
Answer: 
The new structure of the Eurasian Economic Co mmission (EEC) is described in the Treaty on 
Eurasian Economic Commission of 18 November 2011.  In accordance with Article 3 of the Treaty, 
the EEC carries out its activities within the compet ences stipulated in the Treaty on the Eurasian 
Economic Commission, resolutions of the Supreme Eurasian Economic Council and international 
treaties that form the legal framework of the Customs Union and the Single Economic Space.  
In accordance with agreements, ratified by three CU countries and enacted as of 1 January 2012, 
which form the legal framework of the Single Econom ic Space, the EEC is not entitled to exercise 
powers in monetary and fiscal policies. Therefore the regional initiatives in the area of monetary or 
fiscal policy coordination are not contemplated under the new structure of the Eurasian Economic Commission today. 
The establishment of the Eurasian Economic Un ion is envisaged to be implemented through 
codification of all international agreements that form the regulatory and legal basis of the Customs 
Union and the Single Economic Space. Therefore, at this stage, there are no regional initiatives in the area of monetary or fiscal policy coordination that is planned for implementation by 2015 
within the framework of the Eurasian Economic Union. 
- Foreign Exchange and Payments Question 2 
Could Kazakhstan indicate in the Working Pa rty Report text what, if any, regional 
initiatives in the area of foreign exchan ge and payments policy coordination are 
contemplated under the new, expanded stru cture of the Eurasian Economic Commission 
and the Eurasian Economic Union cont emplated for implementation in 2015? 
In light of ongoing expanded Eurasian Economic Union competencies, we would 
appreciate information in the report outlining these prospective changes. 
Answer: 
The new structure of the Eurasian Economic Co mmission (EEC) is described in the Treaty on 
Eurasian Economic Commission of 18 November 2011.  In accordance with Article 3 of the Treaty, 
the EEC carries out its activities within the compet ences stipulated in the Treaty on the Eurasian 
Economic Commission, resolutions of the Supreme Eurasian Economic Council and international 
treaties that form the legal framework of the Customs Union and the Single Economic Space.  
In accordance with agreements, ratified by three CU countries and enacted as of 1 January 2012, 
which form the legal framework of the Single Econom ic Space, the EEC is not entitled to exercise 
powers in foreign exchange and payments policy. Therefore the regional initiatives in the area of 
foreign exchange and payments policy coordination are not contemplated under the new structure of the Eurasian Economic Commission today. WT/ACC/KAZ/77 
 
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  The establishment of the Eurasian Economic Un ion is envisaged to be implemented through 
codification of all international agreements that form the regulatory and legal basis of the Customs 
Union and the Single Economic Space. Therefore, at this stage, there are no regional initiatives in the area of foreign exchange and payments policy coordination that is planned for implementation 
by 2015 within the framework of the Eurasian Economic Union. 
- Requirements Related to Foreign Exchange 
Question 3 
Regarding paragraph 31 of document WT/ACC/ SPEC/KAZ/9/Rev.8: We suggest that the 
description of the establishment of "autho rised" banks and organizations currently 
contained in paragraph 46 of the Working Party Report text be moved up to initiate the 
discussion in this section. 
Answer: 
Kazakhstan moved up the description of the establishment of "authorised" banks and organizations 
from the paragraph 46 into the paragraph 31. The paragraph 31 will be presented as follows: 
"In response to a question concerning obligations and restrictions relating to the purchase of 
foreign currency, the representative of Kazakhstan said that, pursuant to Article 17 of Law No. 57 "On Currency Regulation and Currency Control" of 13 June 2005, the purchase and sale 
(exchange) of foreign currency had to be carried out only through authorised banks, authorised 
organizations, or their exchange offices. She explained that in accordance with Law No. 57, 
"authorised banks" were second-tier banks and or ganizations engaged in certain types of banking 
operations and conducting foreign currency transactions, including transactions on behalf of 
clients.  The definition of "authorised banks" excluded " authorised organizations" which were 
allowed to conduct only currency exchange transactions. Further she continued that according to 
the Article 15 of the Currency Rules in the Repu blic of Kazakhstan No. 154, residents and non-
residents had a right to purchase foreign currency in the domestic currency market without 
providing a currency contract and/or other payment documents related to the foreign currency purchase and sale transactions.  In filling the application for the purchase of foreign currency 
through an authorised bank, juridical persons (resident and non-resident) were required to 
indicate the purpose of purchasing the foreign curr ency.  However, in accordance with Article 18 of 
Currency Rules No. 154, the foreign currency purchased by juridical persons could be used for purposes other than indicated in the application"   
- Investment Regime 
Question 4 Please include somewhere in this section of  the Working Party Report text information 
on "legal certainty for investors" as outlined  in the response to Question 1 of document 
WT/ACC/KAZ/75. 
Regarding paragraph 54 of document WT/ACC/ SPEC/KAZ/9/Rev.8:  Please expand the 
information in this paragraph of the Working Party report text with information from the 
response to Question 1 of document WT/ACC/KAZ/75, i.e., that according to the paragraph 3 of Article 4 of the Law "On Inve stments", that the stability of the terms and 
conditions of contracts concluded between in vestors and state bodies were guaranteed, 
and that any modification made to the list of priority activities or consequences of the 
list becoming void do not affect concluded investment contracts. 
Answer: 
The information on "legal certainty for investors" as outlined in the response to Question 1 of 
WT/ACC/KAZ/75 will be included into the paragraph 54 of the revised Section "Investment regime" of the draft Working Party Report of the Republic of Kazakhstan.   WT/ACC/KAZ/77 
 
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  "Legal certainty to investors was guaranteed by the Law of the Republic of Kazakhstan No. 373-II 
"On Investments" of 8 January 2003 (hereinafter - the Law). According to paragraph 3 of Article 4 
of the Law, the Republic of Kazakhstan guaranteed stability of the terms and conditions of 
contracts concluded between investors and state bodies, except for contracts that were amended 
by mutual consent of the parties. These guarantees  for investors did not extend to (i) amendments 
to the legal acts of the Republic of Kazakhstan an d/or their entry into force, or amendments made 
to international agreements, that changed the terms and conditions of import, production and sale 
of excisable goods; (ii) amendments and addend a to Kazakhstan's legislation introduced for 
national security, environmental safety, public health and morality purposes. 
Thus, investors were guaranteed legal certainty by the legislation of the Republic of Kazakhstan 
and any modification made into the list of priority activities or consequences of the list becoming 
void did not affect concluded investment contracts."  
- Investment preferences 
Question 5 
The last sentence of paragraph 57 of do cument WT/ACC/SPEC/KAZ/9/Rev.8 states, 
"that the list of strategic investment pr ojects previously adopted by Government 
Resolution No. 1293 of 1 September 2009 had become void and that a new list of 
strategic investment projects would be developed by her Government". 
- Please indicate in the Working Party Report text when the new list will be 
developed.  This statement has been in  the Report for some time, and we would 
like an update and a more spec ific time-frame in the text. 
Answer: 
The Ministry of Industry and New Technologies of the Republic of Kazakhstan, which is the 
competent authority in the sphere of investments, is planning to submit draft list of strategic 
investment projects to the Government by the end of  2013. It is planned that the List of strategic 
investment projects would be approved by the Resolution of the Government at the beginning of 2014. Therefore, at this moment there is no a dditional information on the list of strategic 
investment projects in order to update the draft Working Party Report.   
Question 6 Paragraph 58 of document WT/ACC/SPEC/KAZ/9/Rev.8 states that "there were 
approximately 100 investment contracts granting tax preferences concluded prior to 
1 January 2009" for which "according to Ar ticle 23 of the Law "On Investments", tax 
preferences granted under an investment cont ract concluded with the authorised body 
on investments before 1 January 2009 would be  effective until the expiration of the term 
specified in the contract".  Please provid e the following information for the Working 
Party and the Working Party report text: 
- How many of these investment contra cts concluded prior to 1 January 2009 
granting tax preferences are still in effect as of 1 June 2013?  
- What is the horizon for the expirati on of these remaining contracts?  
- Do any of these remaining, pre-2009 co ntracts have local content requirements? 
Answer: 
1. As of 1 June 2013, out of 100 investment contracts, concluded prior to 1 January 2009 
granting investment tax preferences, 58 are still in effect. 
2. Out of these 58 investment contracts, 52 investment contracts are expected to expire by 
2020 and the remaining 6 investment contracts will expire by 2023.   
3. None of the investment contracts granting tax preferences concluded prior to 
1 January 2009 contain local content requirements. Moreover, at the request of the 
concerned Member, Kazakhstan has indicated in the paragraph 52 of the draft WPR that WT/ACC/KAZ/77 
 
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  "The Law "On Investments" did not establish local content or export performance 
requirements as measures of state support for investments". 
Question 7 The last sentence of paragraph 61 of docu ment WT/ACC/SPEC/KAZ/9/Rev.8 states that 
the "duration of industrial preferences was not determined yet as the list of strategic 
investment projects and the procedure of granting these preferences was still being 
developed by the Government and had not been  published.  To date, there had been no 
industrial preferences, land and pr operty tax preferences granted".   
- According to the text, the concept of  industrial preferences and strategic 
investment projects and the legal authorit y to establish them have been in place 
for a year and a half.  Please describe thei r actual application, i.e., have any been 
granted; are there any in the pipeline? 
- We request updates on the status of the application of these concepts as we go 
forward.  
Answer: 
Paragraph 61 of the DWPR of Kazakhstan states that the juridical persons implementing strategic 
investment projects could benefit from the new preferences on land and property tax and 
industrial preferences.   
- Industrial preferences for juridical persons im plementing strategic investment projects in 
socially and economically disadvantaged regions 
Procedures for granting industrial preferences wa s approved by the Government Resolution of the 
Republic of Kazakhstan No.61 "The Rules on Gran ting of Industrial preferences for the Juridical 
Persons Implementing Investment Strategic Projects in the Regions that are Socially and Economically Disadvantaged" of  30 January 2013 (hereinafter – Rules). In accordance with 
Article 1 of the Rules, industrial preferences fo r the juridical persons implementing investment 
strategic projects in the regions that are socially  and economically disadvantaged could be granted 
for a period not exceeding seven years from the date of launching the investment strategic 
project.  
Kazakhstan will reflect this new information in the paragraph 61 of the revised Section "Investment regime" of the draft Working Party Report of the Republic of Kazakhstan.   
          "The procedure for granting industrial preferences was approved by the Government 
Resolution No. 61 of 30 January 2013.  Industrial  preferences could be granted for a period not 
exceeding seven years from the date of launching the investment strategic project." 
- Land tax and property tax preferences  
As indicated in paragraph 61 of the Working Party Report, procedures for granting preferences on 
land tax and property tax are stipulated in the Tax Code of the Republic of Kazakhstan No. 99-IV of 10 December 2008.  Preferences on land tax an d property tax could be granted for a period not 
exceeding seven years from the date of conclusion of the investment contract.  
However, the competent authority has not yet starte d granting industrial preferences as well as 
preferences on land tax and property tax to any investor, since one of the main conditions for 
granting these investment preferences is that an in vestment project should to be listed in the list 
of investment strategic projects, which is still under development by the Government.   
Therefore, at present, there is no sufficient info rmation on application of these types of investment 
preferences to be reflected in the draft WPR, except  for the term of granting industrial preferences, 
which will be reflected in paragraph 61 of the draft WPR.   WT/ACC/KAZ/77 
 
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  Question 8 
Paragraph 62 of document WT/ACC/SPEC/KAZ /9/Rev.8 states that no amendments 
were made to the list of priority activities (attached to the Working Party Report in Annex 2) in 2011 and 2012.   
Does this need updating, i.e., have any amendments been drafted or submitted for 
enactment? 
Answer: 
The list of investment projects approved by Government Resolution No. 436 of May 2003 was 
amended with Government Resolution of the Republic of Kazakhstan No. 1416 of 8 November 2012. Kazakhstan updated the list of investment projects provided in Annex 2 to DWPR and attached the revised version below in Appendix 1.  
Question 9 
Paragraph 64 of document WT/ACC/SPEC/K AZ/9/Rev.8 addresses the amendments 
made in February 2012 to the Law "On Inve stments".  It states that "customs duty 
exemptions would now be granted for technological equipment, its components and 
spare parts, raw materials and inputs imported for implementation of an investment project or a strategic investment project with in the investment contracts concluded with 
the authorised body.  In-kind grants could be  granted by the Government to investors in 
the form of land plots, buildings, machiner y, equipment, computer machines, measuring 
and regulating units, transportation vehicles  (except for automobiles), production and 
household equipment.  The authorised body, based on domestic legislation and with the 
approval of the relevant State agencies, also could confer in-kind State grants for either 
ownership or temporary use".   
- Kazakhstan had indicated that actual preferences were not contained in the 
Investment Law but rather in other laws lik e the Tax Code (e.g., in paragraph 65).  
In this instance, were the new pr eferences contained in the Law "On 
Investments", in the Tax Code, or  in some other legal instrument. 
- Concerning "in-kind grants" such as land  plots, machinery, and vehicles, could be 
granted by "the authorised body" as dist i n c t  f r o m  " t h e  G o v e r n m e n t " .   P l e a s e  
clarify what "authorised" bodies are bein g referred to, and name them. Have any 
such preferences yet been granted? 
Answer: 
As mentioned in paragraph 59 of the DWPR, the Law of the Republic of Kazakhstan No. 373 
"On Investments" of 8 May 2003 provides that the following investment preferences are available 
for investors:  
- customs duty exemptions;  
- in-kind state grants;  
- preferences on land tax and property tax for juridical persons implementing strategic 
investment projects;  
- industrial preferences for juridical persons implementing strategic investment projects in 
socially and economically disadvantaged regions.  
The Law "On Investments" is a framework legislative act, which establishes main principles of the 
investment policy of Kazakhstan, provides definitions in the area of investments and general guidelines to investors, including information on available preferences for investment contracts.   
Since investment preferences, such as preferences on land tax and property tax are very specific, 
conditions and procedures for granting these preferences are established in a different legislative act, such as the Tax Code of the Republic of Kazakhstan.  WT/ACC/KAZ/77 
 
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  As mentioned in paragraph 65 of the DWPR, the tax preferences in the form of deductions on 
corporate income tax do not fall under the regulation of the Law "On Investments" since this 
preference is available to all investors independently from the investment contract concluded with 
the authorized body. They are described, regulated and applied in accordance with the Tax Code.  
As mentioned in paragraph 63 of the DWPR, the Investments Committee under the Ministry of 
Industry and New Technologies is the authorised bo dy in charge of investments and takes decision 
on granting investment preferences, including in -kind state grants.  Therefore, the Investment 
Committee is not distinct from "the Govern ment", it is part of the government.  
Currently there are 11 investment contracts that have been signed starting from 2005, within 
which in-kind grants were provided only in the form of land plots. 
Question 10 
Paragraph 65 of document WT/ACC/SPEC/KAZ /9/Rev.8 describes the "simpler and 
broader application of invest ment tax preferences ... now  established by the Tax Code".   
- Please clarify whether there are local content requirements attached to these 
particular investment tax preferences. 
Answer: 
In accordance with the Tax Code of the Republic of Kazakhstan No. 99-IV of 10 December 2008 
application of tax preferences in the form of deductions on corporate income tax is not conditioned 
to local content requirements. Kazakhstan will reflect this information in paragraph 65 of the DWPR.   
Question 11 
Paragraph 69 of document WT/ACC/SPEC/KAZ /9/Rev.8 states that "pursuant to 
Article 23 of the Land Code No. 442-II of 20 June 2003, private owne rship of land plots 
located in the border zone  and boundary territories of th e Republic of Kazakhstan by 
foreigners and foreign juridical entities was pr ohibited", and that "Lease-holding of land 
plots for agricultural purposes adjacent  to the State border of Kazakhstan was also 
restricted for foreigners.  
- What is the definition of "border zone" in terms of distance from the border or 
"adjacent?"  
- We are asking only for transparency purp oses, to ensure that this exclusion could 
not be used flexibly for other purposes further from the border than the text would 
imply. 
Answer: 
I n  p a r a g r a p h  6 9  o f  D W P R  o f  K a z a k h s t a n  i t  i s  i n d i c a t e d  t h a t  i n  a c c o r d a n c e  w i t h  L a n d  C o d e  
No. 442-II of 20 June 2003, private ownership of land plots located in the border zone and 
boundary territories of the Republic of Kazakhstan by foreigners and foreign juridical entities as well as lease-holding of land plots for agricultural purposes adjacent to the State border of 
Kazakhstan for foreigners is prohibited. 
In accordance with paragraph 29 Article 2 of the Law No. 70-V "On State Border of the Republic of 
Kazakhstan" of 16 January 2013 (hereinafter – the Law No. 70-V), the borderland, is a part of the territory directly adjacent to the State border on the land plot; in the areas where the State border 
passes through the border rivers,  lakes and other waters, the borderland is defined as a part of 
territory directly adjacent to the coast of these waters as well as territories located in the islands, where the regime of State Border is established. In accordance with paragraph 28 Article 2 of the 
Law of the Republic of Kazakhstan No. 70-V border zo ne is a part of the territory of the Republic of 
Kazakhstan adjacent to the borderland within the territory of administrative districts.  WT/ACC/KAZ/77 
 
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  Question 12 
Paragraph 74 of document WT/ACC/SPEC/KAZ/9/Rev.8 states that the "list of objects 
of strategic importance was approved by  Resolution of the Government".    
- Could Information be provided for the text of the Working Party Report that 
indicates what sort of things "objec ts of strategic importance" are?  
- Are these large enterprises with private ownership? 
Answer: 
The list of objects of strategic importance is appr oved by the Government based on the provisions 
of Article 193-1 of the Civil Code of the Repub lic of Kazakhstan, where sectors of strategic 
importance are defined. According to Article 193-1 of the Civil Code, strategic objects is a property of social and economic importance for the sustai nable development of Kazakhstan's society, the 
ownership, use or disposal of which would affect the national security interests of Kazakhstan as 
described in paragraph 85 of the Section "State Ownership, State-Trading Entities and Privatization" of the DWPR of Kazakhstan.  Strategic objects consist of main-line railroad networks; 
main-line oil pipelines; main-line gas pipelines; national electric network; main-line communication 
lines; national postal network; international airports; international sea ports; air navigation devices of the air traffic control system; devices and navigation signs regulating and ensuring the 
safety of ships; entities using nuclear energy; space industry entities; water facilities; public 
roads; shares (common stocks, ordinary shares) in juridical persons, which owned strategic objects; shares (common stocks, ordinary shares) owned by physical and juridical persons, which could directly or indirectly determine decisions or influence decisions of juridical persons which 
owned strategic objects.   
Strategic objects could be either in State or private ownership. The list of objects of strategic 
importance include such objects as main oil pipelines, main gas pipelines, National Electric 
Network,  National Atomic Company "KazAtomProm ", KazMunaiGaz, National Welfare Fund Samruk 
Kazyna JSC, i.e. objects that have a strategic importance for sustainable economic development 
and national economic security of Kazakhstan. As mentioned in paragraph 75 of the DWPR, the list 
is regularly updated (as last amended on 21 July 2011) and is publicly available on the official 
websites of the Ministry of Economy and Budge t Planning of the Republic of Kazakhstan 
(www.minplan.kz) and the Ministry of Justice of the Republic of Kazakhstan (www.minjust.kz).  
- State Ownership, State-Tradin g Entities and Privatization 
(a) Privatization 
Question 13 Regarding paragraphs 78-79 of document  WT/ACC/SPEC/KAZ/9/Rev.8:  These two 
paragraphs describe the National Fund. Since the National Fund is essentially a financial 
company, like a bank, perhaps this description could be moved either to the end of this section, e.g. after paragraph 117 or paragr aph 118, or to monetary and fiscal policy 
section. 
Answer: 
Kazakhstan agrees to move paragraphs 78-79 on the National Fund to the Monetary and Fiscal 
Policy Section of the DWPR. 
Question 14 
This sub-section of the Working Party Report  on Privatization describes the legal basis 
for privatization and the restrictions on privat ization with regard to the various types of 
state property and forms of state-owned an d controlled enterprises in Kazakhstan.  WT/ACC/KAZ/77 
 
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  - Does any of this description apply to nati onal companies or to firms "held" by the 
National Holding and National Managing Holding companies, e.g., since they are all majority state-owned? 
Please describe the current privatization pr ogramme, including its duration, objectives 
within the time-frame of its duration, and the types of companies and other state-owned 
objects that are being priv atized under its auspices. 
Does Kazakhstan intend to continue privat izing the firms and other properties in its 
extremely large state-owned and state-controlled sector, or is the current distribution of 
private ownership and state ow nership/control considered to be nearing an optimal 
balance? 
Answer: 
The description of the legal basis for privatization and the restrictions on privatization does not 
apply to national companies, or to firms held by the national holdings, or national managing holdings. In accordance with Article 96 of the Law "On State Property" the objects of privatization 
include shares of joint stock companies and rights of participation in the charter capital of limited 
liability partnerships in State ownership. Shares of JSCs and rights of participation in LLPs owned 
by National Managing Holdings or National Holdings have been alienated by the Government when 
the State-owned shares of the companies have been transferred to the National Managing 
Holdings and National Holdings. 
Alienation of the property of national companies or firms (JSCs/LLPs) held by the national 
managing holdings or national holdings is perfor med on the basis of the regulations outlined for 
JSCs/ LLPs in the Laws "On Joint Stock Companies", "On Limited Liability and Additional Liability 
Partnerships", "On the Securities Market" and the Civil Code. However, the Law "On State Property" stipulates specific provisions for strategic objects. Disposal of shares of national 
companies, transferred as a contribution to the charter capital of the national managing holdings, 
national holdings, that are strategic objects is pe rmitted by the decision of the Government of the 
Republic of Kazakhstan.  
The Programme on Sales of Shares of Subsidiary Companies of the National Welfare Fund 
"Samruk-Kazyna" on the Stock Market ("Halyk IPO" ) was approved by the Government Resolution 
No. 1027 of 8 September 2011. The programme is aimed at developing Kazakhstan's securities market and creation of opportunity to citizens of Kazakhstan diversifying their savings by investing 
into large companies of the country, thereby assi sting to the economy growth of Kazakhstan.  
As described earlier, (please see: the Answer to Question 9 of the document WT/ACC/KAZ/72), the 
JSC "KazTransOil" was the first company within the framework of "Halyk IPO" to offer its minority 
shares in December 2012 on the Kazakhstan Stock Exchange. In overall, 10% minus one shares of 
the authorized common shares of "KazTransOil" we re placed on the stock market and around 80% 
of these shares were sold to more than 34,000 citizens of Kazakhstan.  
In accordance with the Programme "Halyk IPO", the shares of national companies that belong to 
the NWF "Samruk-Kazyna", such as: JSC "AirAs tana"; JSC "KEGOC"; JSC "KazTransGaz"; JSC 
"National Marine Shipping Company", JSC "Kazmortransflot"; JSC "Samruk-Energy, are planned to be placed on the stock market in the course of the period until 2015. 
Question 15 
It is difficult to understand what Tables 3( A)-(G) mean, as the terms used to describe 
the state-owned objects being privatized vary from one table to another.  For example: 
- Tables 3(A) and 3(B) refer to "state property", without reference to republican or 
communal ownership.   WT/ACC/KAZ/77 
 
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  Answer: 
Tables 3(a) and 3(b) describe the progress in privatization. Taking into account that in the early 
stages of the privatization process there was no di fferentiation of State property to republican and 
communal ownership, it is not possible to provide separate data in the abovementioned tables.  
Question 16 
- Table 3(C) refers only to "state enterp rises" and Tables 3(D) and 3(E) to JSCs 
"with state participation," with no indica tion as to whether those terms, or the 
data, overlap. 
Answer: 
The data and terms in Tables 3(C) and Tables 3(D) and 3(E) do not overlap. The table 3(C) 
describes the number of State enterprises by spheres of economic activity, the other two tables 
3(D) and 3(E) describe the number of joint stock companies with State participation. As mentioned 
in para 89 of the DWPR, state enterprises and joint stock companies are separate types of juridical persons.  
Question 17 
- Table 3(E) is updated to 2013, but Table 3(D) which is based on the same JSC 
data, is not.  
Answer: 
In order to demonstrate what are the "other" and "non-productive" sectors, the modified table 
presents (Annex 3 (D)) more detailed list of economic activities in accordance with the State General Classifier of Types of Economic Activity 03-2007.   
Annex 3 (D) 
The Number of Joint Stock Companies with State Participation 
by Types of Economic Activity in 2008-2013 
Types of economic 
activity 01.01.2008 01.01.2009 01.01.2010 01.01.2011 01.01.2012 01.01.2013 
Total 468 457 379 251 367 364 
Agriculture, forestry 
and fishing 25 22 19 6 15 14 
Mining and 
quarrying 2 2 1 2 2 2 
Manufacturing 62 59 43 20 37 32 
Electricity, gas, 
steam and air conditioning supply 33 31 28 21 24 20 
Water supply, 
sewerage, waste management and remediation activities 11 11 10 5 11 9 
Construction 38 37 28 12 27 28 
Wholesale and retail 
trade; repair of motor vehicles and motorcycles 46 42 31 8 21 18 
Transportation and 
storage 66 63 52 26 37 36 
Accommodation and 
food service activities 4 4 2 0 1 2 WT/ACC/KAZ/77 
 
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  Types of economic 
activity 01.01.2008 01.01.2009 01.01.2010 01.01.2011 01.01.2012 01.01.2013 
Information and 
communication 23 23 18 14 19 23 
Financial and 
insurance activities 37 40 33 30 35 35 
Real estate activities 14 14 13 14 17 16 
Professional, 
scientific and technical activities 51 51 49 42 54 62 
Administrative and 
support service activities 9 9 11 10 15 15 
Public administration 
and defence, compulsory social security 1 1 1 1 2 3 
Education 18 19 17 16 20 19 
Human health and 
social work activities 15 16 11 12 14 14 
Arts, entertainment 
and recreation 9 9 10 11 13 13 
Other service 
activities 4 4 2 1 3 3 
 
Data is classified in accordance with the State General Classifier of Types of Economic Activity 03-
2007.  
Source: Statistics Agency.  
Question 18 - Do Tables 3(D) and 3(E) include JSCs that  are national companies, or "held" in the 
National Holding and National Management Holding?   
Answer: 
Tables 3(D) and 3(E) do not include national companies and other JSCs with State participation 
transferred to the national managing holdings, or national holdings due to the reason that their 
shareholder is not the State, but a national managing holding or a national holding. The tables include only the parent companies (i.e. the national managing holdings, national holdings) and national companies that do not belong to national managing holdings or national holdings.  
Question 19 
- Tables 3(F) and 3(G) go back to "sta te property", undefined, and there is no 
indication as to whether the value of st ate property or its value-added in the 
economy is being compared to the "Gross Value Added", making the ratios 
presented in the tables no t very comprehensible.   
Answer: 
Since the data in Tables 3(F) and 3(G) is practically the same, Kazakhstan combined the tables 
into one comprehensive Table 3(F) based on the updated information by the Statistics Agency.  
The new Table 3(F) presents the share of the Va lue-added produced by State enterprises in the 
Gross Value Added by specific sectors of the economy and in total.  
Table 3 (F) is divided into two blocks because of transition from the State General Classifier of 
Types of Economic Activity 03-2003 to the State Ge neral Classifier of Types of Economic Activity 
03-2007 in 2010.  WT/ACC/KAZ/77 
 
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  Table 3 (F) 
Share of State Enterprises in Gross Value Added by Economy Sectors in 2005-2011  
General Classifier of Types of  Economic Activities 
(03-2003) 2005 2006 2007 2008 2009 
Gross Value Added, total 9,0 8,0 8,4 7,6 8,9 
Agriculture, forestry and fishery 7,0 7,0 7,1 6,7 5,9 
Industry 1,0 1,0 0,7 0,5 0,7 
Construction 1,0 1,0 0,8 1,0 1,3 
Trading,  auto services and repair of household and 
personal  appliances 0,0 0,0 0,1 0,1 0,1 
Hotels and restaurants 2,0 2,0 1,8 1,7 1,6 
Transport and telecommunication 3,0 5,0 3,9 3,4 4,0 
Financial activities 7,0 6,0 6,1 6,0 7,6 
Real estate operations , leasing and consumer 
services 4,0 4,0 3,9 3,5 4,1 
Public administration 100,0 100,0 100,0 100,0 100,0 
Education 73,0 78,0 78,0 81,4 82,8 
Healthcare and social services 66,0 65,0 66,1 70,3 71,1 
Utility services, personal services 26,0 26,0 26,9 30,6 31,0 
 
General Classifier of Types of Economic Activities  
(03-2007) 2010 2011 
Gross Value Added, Total  9,3 9,6 
Agriculture, forestry  and fishing 6,1 6,8 
Industry 0,7 0,8 
Mining and quarrying 0,0 0,0 
Manufacturing 0,4 0,3 
Electricity, gas, steam and air conditioning supply 6,1 7,4 
Water supply, sewerage, waste management  and remediation activities 23,4 25,7 
Construction 1,9 2,2 
Wholesale and retail trade; repair of motor vehicles and motorcycles 0,1 0,1 
Transportation and storage 6,6 8,0 
Accommodation and food service activities 1,4 1,3 
Information and communication 5,8 5,4 
Financial and insurance activities 8,4 7,6 
Real estate activities 3,8 0,8 
Professional, scientific and technical activities 10,1 14,7 
Administrative and support service activities 4,8 4,7 
Public administration and defence, compulsory social security 100,0 100,0 
Education 78,5 80,1 
Human health and social work activities 86,1 88,5 
Arts, entertainment and recreation 63,6 62,1 
Other service activities 0,3 0,2 
The data for 2012 will be available in September 2013.   
Source: Statistics Agency 
Question 20 
More broadly: 
There is no table listing comprehensively the total number of state firms/objects, e.g., in 
1992 and more recently, and what portion of them are being privatized. 
- We have no idea of the values involved. WT/ACC/KAZ/77 
 
- 14 - 
 
  - The numbers of state enterprises and JS Cs with state participation are both 
increasing and decreasing over the period , which would appear to indicate that 
privatization and nationalization is taking place at the same time. 
For this reason, we are seeking a more system atic presentation of the information, to 
help us better understand.  We would apprec iate more information in the tables to 
address these issues.   
Answer: 
As described in Paragraph 81 of the Working Party Report (WT/ACC/SPEC/KAZ/9/Rev.8), during 
the period from 1991-2012 a total of 45 631 entiti es or approximately 85% of State property had 
been privatized. 
Increase of quantity of State enterprises and JSCs  with State participation over the period took 
place due to the process of reorganization, merg ing as well as separation, change of the legal 
status from State enterprise to a JSC and vice versa, but not as a result of nationalization.  
There are no official statistics available which allows to provide comprehensively the data on the 
total number of State property since 1992 and mo re recently, and on the values involved.  
Question 21 We request that Kazakhstan review this sectio n, to help us better understand the scope, 
nature, and economic position of its state- owned entities in Kazakhstan's economy.  
As a first point, we would appreciate more information in the tables to address these issues.  
Table 3(C) lists the number of current "sta te enterprises," by spheres of economic 
activity.  We need to better understand if these numbers are comprehensive.  
Please provide a more comprehensive list with numbers and spheres of economic 
activity of all of the types of majority st ate-owned and state controlled firms including 
the following categories (please add categories as necessary): 
- National companies 
- Firms held by National Holding 
- Firms held by National Managing Holding  
- JSCs and LLPs with majority state owne rship not in one of the previous three -
categories 
- JSCs and LLPs with state participation less than majority ownership 
- Any other state-owned or state- controlled firms or properties.  
Please use the same chart to indicate privat izations over the same period, so we can see 
the extent to which state ownership in th e broad spheres of economic actively is 
increasing or decreasing. 
Answer: 
Table 3(C) represents number of State enterprise s by spheres of economy. The table does not 
include JSCs and LLPs with State participation, national holdings, national managing holdings and 
their subsidiaries as well as national companies since these companies are established in the form 
of JSCs and LLPs, which are different forms of juridical persons vis-à-vis State enterprises.  
Annex 3 (A) describes progress in privatization du ring 1992-2012 and already contains information 
on privatized State shares in JSCs and LLP, as well as other types of privatized State property.   
Question 22 Concerning Tables 3(C) and 3(D): WT/ACC/KAZ/77 
 
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  - Please provide examples of "comm unal" state-owned and state controlled 
enterprises. 
- Please indicate what sort of firms and property are covered by "other." 
- Please define or otherwise explain th e meaning of the term "non-productive 
sector." 
Answer: 
1. It should be noted that in the structure of communal State enterprises and JSCs/LLPs with 
State participation more than 81% constitute organizations of the social sphere – education, 
culture, healthcare, social security; 10% - housing and communal services, 3% - mass-media.  
The following tables illustrate examples of co mmunal State enterprises and JSCs/LLPs with 50 or 
more per cent of State participation: 
Table 1.  Communal State enterprises 
No.  Title Region Field of activity 
1 Art gallery of A. Kasteev Almaty  oblast Cultural and educational 
services to the population 
2.  State children polyclinic under the Department 
of Healthcare of Akmola oblast Akmola oblast Ambulance and hospital 
treatment for population 
3.  Kindergarten No. 12 Aktobe oblast Preschool education 
4.  Atyrau city station of emergency healthcare Atyrau oblast Healthcare  
5.  Regional blood bank, city of Ust-Kamenogorsk  Eastern-Kazakhstan 
oblast  Healthcare 
6.  Zhambyl Medical Colleg e of the Department of 
Healthcare of akimat of Zhambyl oblast Zhambyl oblast Training and retraining of 
nurses 
7.  Akzhayik children music school of Akzhayik 
regional sector of education  Western-Kazakhstan 
oblast Musical education to 
children 
8.  Kostanay oblast dermatovenerologic dispensary 
of the Department of Healthcare of akimat of Kostanay oblast Kostanay oblast Specialized medical 
treatment to population  
9.  Regional historical museum Kyzylorda oblast Study of the region, 
collection of museum exhibitions, organization of cultural events and exhibitions 
10.  City radio Karaganda oblast Information services 
11.  Regional centre of  new technologies in 
education Northern-Kazakhstan 
oblast Methodological and 
technical assistance 
12. Recreation centre after Sh. Kaldayakov Southern-Kazakhstan 
oblast Culture  
13.  Hockey club "Barys"  City of Astana Sport 
14.  Rest house "Ardager" for war and labor 
veterans City of Almaty Health resort  
Table 2. Communal JSCs and LLPs: 
No. Title Share of State 
participation Region Field of activity 
1.  LLP "Central Direction of Passenger 
Transportation Management" 100% Almaty oblast Dispatching control 
services for managing passenger transportation 
2.  JSC "Akbulak" 99,80% Aktobe oblast Water supply and 
sewarage 
3.  LLP "Passenger Transportation" 100% Akmola oblast Land passenger 
transportation activities  
4.  LLP "KurmangazyZholdary" 100% Atyrau oblast Construction of roads 
5.  LLP "ShygysBalyk" 100% Eastern-Kazakhstan 
oblast Fishery  WT/ACC/KAZ/77 
 
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  No. Title Share of State 
participation Region Field of activity 
6.  JSC "Togyz Kent" 100% Zhambyl oblast Production and selling 
of pedigree cattle and 
livestock products  
7.  LLP "Auyltynysy"  100% Western-
Kazakhstan oblast Publication of 
newspapers 
8.  JSC "Enterprise of Heat and Water 
Supply"' 100% Karaganda oblast Provision of 
communal services 
9.  LLP "KyzylordaKorkem" 100% Ky zylorda oblast Outdoor visual 
advertising, publishing and printing  
10.  JSC "International Airport Kost anai" 100% Kostanai oblast Airport  
11.  JSC "Petropavl prosthetic and 
orthopedic centre" 100% Northern-
Kazakhstan oblast  Prosthetic and 
orthopedic services  
12.  JSC "International Airport Aktau" 100% Mangystau oblast Airport services 
13. LLP "Pavlodar Elevator" 100% Pa vlodar oblast Maintenance and 
technical servicing of 
elevators  
14.  JSC "Airport Shymkent"  100% Southern-
Kazakhstan oblast Airport services 
15.  JSC "Almaty Metro Kurylys" 99,86% City of Almaty  Construction of the 
first line of Almaty underground 
16.  LLP "Centre of Sustainable 
Development of the Capital" 100% City of Astana Research and 
development in public and humanitarian sciences 
 
2. Kazakhstan revised the Table 3(C) in accordance with the updated information provided by 
the Statistics Agency. In order to clarify the terms "other" and "non-productive sector" in the previous version of the table, the revised table presents the number of state enterprises 
in detailed list of economic activities in acco rdance with the State General Classifier of Types 
of Economic Activity 03-2007.   WT/ACC/KAZ/77 
 
- 17 - 
 
  Annex 3 (C) 
The Number of State Enterprises by Types of Economic Activity in 2009-2013 
Types of economic 
activity 01.01.2009 01.01.2010 01.01.2011 01.01.2012 01.01.2013 
RSEs* CSEs  RSEs CSEs RSEs CSEs RSEs CSEs RSEs CSEs  
Total 707 5808 719 6098 636 6218 584 6376 479 6348  
Agriculture, forestry 
and fishing 49 96 49 101 35 80 21 74 20 74 
Mining and 
quarrying 2 1 2 0 1 0 1 0 1 0 
Manufacturing 24 44 23 41 21 36 19 37 19 28 
Electricity, gas, 
steam and air conditioning supply 7 137 7 135 7 136 6 135 6 124 
Water supply, 
sewerage, waste 
management and 
remediation activities 18 322 18 330 16 328 8 324 6 283 
Construction 34 83 32 88 26 88 21 78 21 63 
Wholesale and retail 
trade; repair of motor vehicles and motorcycles 30 66 29 64 23 55 22 48 18 43 
Transportation and 
storage 38 52 39 52 30 55 26 57 23 46 
Accommodation and 
food service activities 9 18 8 19 7 21 6 22 6 22 
Information and 
communication 43 205 44 209 41 190 39 183 21 62 
Financial and 
insurance activities 4 8 8 16 3 8 3 8 3 7 
Real estate 
activities 37 81 36 82 34 74 33 67 28 50 
Administrative and 
support service 
activities 9 200 8 194 8 164 8 160 7 132 
Public 
administration and defence, compulsory social security 30 65 29 74 17 52 15 44 13 38 
Education 75 2255 79 2401 78 2768 75 3005 72 3184  
Human health and 
social work activities 39 1181 44 1320 39 1187 41 1120 37 1054
 
Arts, entertainment 
and recreation 44 752 44 773 42 781 42 807 42 815 
Other service 
activities 2 22 2 22 1 19 0 19 0 15 
Data is classified in accordance with the State General Classifier of Types of Economic Activity 03-2007.  
Source: Statistics Agency.  
                                               
* RSEs - Republican State Ente rprises, property of which is  in republican ownership.  
 CSEs – Communal State Enterprises, proper ty of which is in municipal ownership. WT/ACC/KAZ/77 
 
- 18 - 
 
  Question 23 
Concerning Table 3(F): Please indicate what is covered by the term "other types of activity". 
Answer: 
In order to describe "other types of activity" in the Table 3(F) of the Draft Working Party Report 
(WT/ACC/SPEC/KAZ/9/Rev.9), the new Table 3(F) provided in Answer to Question 7 above, presents more detailed list of economic activities in accordance with the State General Classifier of 
Types of Economic Activity 03-2007. 
(b) State-owned and State-controlled Enterprises, Enterprises with Special and 
Exclusive Privilege 
Question 24 
Please provide an opening statement of th e legislation that governs Kazakhstan's 
state-owned enterprises.  In this regard, we believe that the legislation listed in 
paragraph 76 of document WT/ACC/SPEC/KAZ/9/R ev.8 is relevant for this section as 
well. 
Please ensure that the opening paragraph of this section lists comprehensively the firms 
with state participation, majority or otherwis e, and other property.  This will form the 
baseline for (a) the state ownership commitmen t at the end of this section and (b) for 
dealing with the local content requirements that have been applied to the commercial 
purchases of these entities since 2009. 
Regarding paragraphs 88-89 of document WT/ACC/SPEC/KAZ/9/Rev.8:  Since there are 
"JSCs and LLPs with State participation", as well as firms "held" by the national holding 
and national management holding, the laws noted in paragraph 76 should be listed here, 
along with confirmation that they relate  to the organization and governance of 
state-owned and state-controlled firms. 
Answer: 
Joint-stock companies or limited liability partnerships with 50 or more per cent of State 
participation along with the Law No. 413-IV "On State Property" of 1 March 2011 are governed by 
the Law No. 415-II "On Joint Stock Companies" of 13 May 2003, the Law No. 220-I "On Limited Liability and Additional Liability Partnerships" of 22 April 1998, and the Law No. 461-II "On the Securities Market" of 2 July 2003. Since the lega l status of joint-stock companies and limited 
liability partnerships are different from State enterprises, Kazakhstan uses the term "State-
controlled" with respect to joint-stock companies or limited liability partnerships with 50 or more per cent of State participation. 
In addition to the drafting proposals marked as 96bis in Answer to Question 33 below, the 
following revision has been made in paragraphs 88, 89 and 90, 90bis of the DWPR (WT/ACC/SPEC/KAZ/9/Rev.8): 
88. The representative of Kazakhstan stated that State property in Kazakhstan included the 
property of State enterprises and State-owned shar es (rights of participation) in JSCs and LLPs 
with State participation. JSCs with majority (i.e. 50 or more per cent) of State participation 
included national managing holdings; national holdings; and national companies that did not 
belong to national managing holdings or national holdings.  State enterprises were regulated by 
the Civil Code, the Law No. 413-IV "On State Property" of 1 March 2011 and the Law No. 527-IV 
"On National Security" of 6 January 2012. Joint-stock companies or limited liabilities partnerships 
with 50 or more per cent of State participation were governed by the Law "On Joint Stock 
Companies" of 13 May 2003, the Law "On Limited and Additional Liability Partnerships" of 
22 April 1998, the Law No. 413-IV, the Law "On the Se curities Market" of 2 July 2003 and the Civil 
Code of the Republic of Kazakhstan. WT/ACC/KAZ/77 
 
- 19 - 
 
  89. The representative of Kazakhstan emphasized that State enterprises were considered as 
State-owned, while JSCs/LLPs with 50 or more per cent of State participation were considered as 
State-controlled enterprises.  State enterprises were defined by the Law No. 413-IV as enterprises established by the Government or local executiv e bodies to render State services with the 
objective to address the social and economic need s of the society and the State.  The State was 
responsible for the liabilities of State enterprises
1 and had a right to dispose their property. 
The property assigned to State enterprises entirely belonged to the State, which was indivisible, 
e.g. could not be distributed among employees of State enterprises or alienated by them.  
State enterprises were prohibited to conclude transactions not related to the subject or purpose of their activity, assigned by the Government or local executive bodies.   
Annex [22] contained the list of spheres where State enterprises could be established.  When 
State enterprises were engaged in commercial activity, the sales of produced goods and services 
were performed independently, except for transact ions aimed at disposing the property, where the 
approval of the competent authority was required by law.  This requirement resulted from the 
need to preserve the property of the Stat e and constituted the difference between State 
enterprises and other types of juridical persons with State participation.   
90. In reply to question as to whether Kazakhstan agreed that these firms would be considered 
as "State-owned" for the purposes of being covered by the commitment in Paragraph [119], the 
representative of Kazakhstan clarified that prop erty of State (owned) enterprises is fully owned 
and operated by the Government and their activiti es are under strict control of the Government. 
State-owned enterprises were established in the ju ridical form of a State enterprise which was a 
separate legal entity from JSCs and LLPs with State participation. State enterprises could not 
belong to a national managing holding or a national holding.  
90bis. The representative of Kazakhstan added that  the legislation of the Republic of Kazakhstan 
did not provide for the possibility for the Govern ment to exercise special control or special 
management of the activity of JSCs and LLPs with State participation, whose shares in full or in 
part were owned by the State.  In accordance wi th Kazakhstan's legislation, the JSCs and LLPs 
with State participation were not State enterprises due to the following reasons:   
(i) the property of JSCs and LLPs did not belong to the State, hence, the Government did not 
have a right to dispose their property;  
(ii) the degree of control over operations of the JS Cs and LLPs was limited to competence of the 
Government to act as a shareholder or participant,  
(iii) shareholders of the JSC were not responsible for liabilities of the company and borne the 
risks of losses related to the activities of the company to the extent of the value of the 
shares owned.  
(iv) these companies were subject to the rules of corporate governance and the general rules of 
Laws "On Joint Stock Companies" No. 415-II of 13 May 2003 or "On Limited Liability and 
Additional Liability Partnerships" No. 220-I of 22 April 1998. For example, Board of Directors 
of joint stock companies included independent directors. Property of such companies was 
managed by the management board.  
Kazakhstan used the term "State-controlled enterprises" with respect to joint-stock companies or 
limited liabilities partnerships with 50 or more per cent of State participation. 
Question 25 
Regarding paragraph 93 of document WT/ACC /SPEC/KAZ/9/Rev.8:  We understand that 
Presidential Decree No. 571 of 22 May 2013 es tablishes the joint stock company (JSC) 
National Managing Holding "Bayterek" to ma nage a portfolio of shares of national 
development institutions, national companies,  and other juridical persons owned on the 
basis of ownership or trust management rights.   
Please amend paragraph 93 to reflect this change, e.g.: 
                                               
1In cases of bankruptcy resulted fro m actions of the founder, authoris ed State body, or local executive 
body, and insufficiency of financial re sources in cases of liquidation.   WT/ACC/KAZ/77 
 
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  93.  There were three national  managing holdings in Kazakhstan: the National Welfare 
Fund "Samruk Kazyna", the National Mana ging Holding "KazAgro" and the National 
Managing Holding "Bayterek".  
Answer: 
Paragraph [93] of the Draft Working Party Repo rt (WT/ACC/SPEC/KAZ/9/Rev.8) is amended as 
requested. 
Question 26 
Regarding paragraph 94 of document WT/ACC/ SPEC/KAZ/9/Rev.8:  Footnote 5 states 
that the "National Medical Holding" had been removed from the list of national holdings 
in April 2013, and transferre d to the autonomous educational organization "Nazarbayev 
University".   
- What is the ownership status of firms in  the "National Medical Holding"?  Are they 
state-owned?  Do they have their own pr ocurement regulations?  Do these include 
local content requirements for proc urement of goods or services?   
Answer: 
The JSC "National Medical Holding" is the sole shareholder of the following research institutions: 
1) JSC "National Research Centre  for Maternity and Children"; 
2) JSC "Republican Children's Rehabilitation Centre"; 
3) JSC "Republican Research Centre of Neurosurgery"; 
4) JSC "Republican Diagnostic Centre"; 
5) JSC "Republican Research Centre  of Emergency Healthcare"; 
6) JSC "National Cardio Surg ery Research Centre".  
In accordance with the national legislation, subsidiaries of the JSC "National Medical Holding" are 
not State-owned or State-controlled enterprises. The companies of the National Medical Holding 
conduct their procurement of goods, works and serv ices in accordance with the Procurement Rules 
approved by the decision of the Council of Trus tees of the autonomous educational organization 
"Nazarbayev University" on 10 December 2011, as amended on 12 November 2012. 
These Procurement Rules do not contain local content requirements.    
Question 27 
Regarding paragraph 95 of docume nt WT/ACC/SPEC/KAZ/9/Rev.8:  
- Does the term "controlling portfolio of shares" mean majority ownership? 
- Please explain the difference between Na tional Managing Holding and National 
Holding.  Is it just the companies "held"  or is there some operational/definitional 
difference? 
- Are all the companies "held" called "natio nal companies"?  Are they all majority 
state-owned and/or state-controlled?  
- What are the differences between (a) a national company, (b) a state-owned firm 
"held" by National Managing Holding or  National Holding, and (c) any other 
majority state-owned or state-controlled company?  
Answer: 
1) The term "controlling portfolio of shares" mentioned in Paragraph [95] DWPR 
(WT/ACC/SPEC/KAZ/9/Rev.8) regarding national companies means majority ownership, i.e. 
50 and more per cent ownership of shares.  
2) The difference between the national managing holding and the national holding is 
operational. The national managing holding is authorized to manage, among other functions 
mentioned in paragraph 93 of the DWPR, the shares of national development institutions. WT/ACC/KAZ/77 
 
- 21 - 
 
  National development institutions are financial, consulting, innovative and servicing 
organizations, established in the form of a joint stock company for implementation of projects in the field of industrial-innovat ive development. The following companies are 
examples of the national development instit utions (both have been transferred to the 
National Managing Holding "Bayterek"):  
- JSC "National Agency on Technological Development"; 
- JSC "Export-Credit Insurance Corporation "KazExportGarant".  
3) Not all the companies held by national managing holdings or national holdings have the 
status of "national companies". A national company is a joint stock company with 50 or more per cent participation of the State, national managing holding or national holding (i) operating in the sectors representing the back bone of the economy or (ii) established to 
facilitate economic development of regions. Th e list of the national companies is approved 
by the Government Resolution No. 376 of 6 April 2011.  
Currently there are 32 national companies, of which 10 national companies belong to national 
managing holdings, 2 national companies belong to a national holding: 
- the National Welfare Fund "Samruk-Kazyna" includes the following national companies: JSC 
"National Company "KazMunaiGaz ", JSC "KEGOC", JSC "Kazpost", JSC "National Atomic 
Company "Kazatomprom", JSC "National Company "Kazakhstan TemirZholy", JSC 
"Kazakhtelecom", JSC "National Company "Kazakhstan Engineering", JSC"National Mining Company "Tau-Ken Samruk", JSC "National Co mpany "Aktau International Marine Trading 
Port";  
- the National Managing Holding "KazAgro" includes the National Company "Food Product 
Corporation";  
- the National Holding "Zerde" includes the JSC "National Information Technologies", and the 
JSC "National Company "KazSatNet".  
The abovementioned 12 national companies are neither state-owned nor state-controlled 
enterprises, because their shareholder is not the State, but either a national managing holding, or 
a national holding.  
The following national companies are State-contro lled and operate under auspices of government 
agencies: 
- JSC "National Company "Kazakhstan GaryshSapary" (under National Space Agency); 
- Non-commercial joint stock company "Holding "Kasipkor" (Under Ministry of Education and 
Science); 
- JSC "National Geological Exploration Company "Kazgeology" (under Ministry of Industry and 
New Technologies); 
- JSC "National Company "Astana Expo - 2017" (under Ministry of Economy and Budget 
Planning); 
- 16 socio-entrepreneurial corporations in the form of JSCs (under oblast executive bodies).  
4) As described in the Answer to Question 8 of the document WT/ACC/KAZ/72 and Paragraph 
89 of the DWPP (WT/ACC/SPEC/KAZ/9/Rev.8), State-owned enterprises are established in the juridical form of a State enterprise, which is a separate legal entity from JSCs and LLPs 
with State participation. State enterprises cannot be held by a national managing holding or 
a national holding.  
State-owned shares of JSCs and LLPs, including State-controlled enterprises (i.e. 50 or more per 
cent of shares), are operated by the government agencies.  Information in more details is provided 
in Appendix 2. 
Question 28 
Paragraph 95 of document WT/ACC/SPEC/KAZ/9 /Rev.8 states that:  "The national 
companies, controlling shares (50% and more) of which belonged to national managing 
holdings and national holdings, were not considered as State-controlled JSCs" .  At least WT/ACC/KAZ/77 
 
- 22 - 
 
  in the case of Samruk-Kazyna, that seems illo gical.  Paragraph 102 states that the sole 
founder and shareholder of Samruk Kazyna is the Government, which manages the Fund 
through its authority as the shareholder and its representation in the Board of Directors.  
In addition, paragraph 104 states that:  "the  Government, as a single shareholder, had 
an exclusive competence to select members of the Board of Directors". 
- Is the State the sole shareh older of other national hold ings and national managing 
holdings? 
- When the State is the sole or majority owner of the holding companies, please 
explain how the statement in paragraph 95 can be understood. 
- For example, how can companies held by entities whose only shareholder is the 
state, and in some cases whose Chairman of the Board is automatically the Prime 
Minister, not be considered as State-controlled JSCs ?  Are such companies 
considered "state-owned?" 
- We appreciate that such companies are ex pected to make profits and to operate in 
a commercial fashion.  However, if they  are majority state-owned, control is 
normally exercised through the legal auth ority of shareholders, and this should 
confirm the State's ultimate privilege of di recting, i.e., controlling, the company.  
Answer: 
It should be noted that the definitions provided on State-owned or State-controlled companies is 
strictly based on the national legislation of Kazakhstan. 
According to Paragraphs 32 and 35 Article 1 of the Law "On State Property" the Government is the 
sole founder and shareholder of national managing holdings and national holdings established in 
the form of joint stock companies.  
Paragraph 2 Article 171 of the Law "On State Property" sets out legal basis for defining 
State-controlled JSCs and LLPs by specifying that controlling portfolio of shares of a JSC or 
controlling rights of participation in an LLP means that the State owns 50 or more per cent of the voting shares of a JSC or more than 50% of rights  of participation in the charter capital of a LLP, 
accordingly.  
As explained in the answer to Question 8 in  the document WT/ACC/KAZ/72 and described in 
paragraph 90 of the draft DWPR (WT/ACC/SPEC /KAZ/9/Rev.8), according to the national 
legislation JSCs and LLPs with State participation are not State owned because their property does 
not belong to the State; the Government doesn't have the right to dispose their property; the 
degree of control is limited to competence of  the Government to act as a shareholder or 
participant.  
Thus, under the national legislation, the companies held by the national managing holdings or 
national holdings as well as JSCs and LLPs with 50 or more per cent of State participation are not 
considered State-owned.  
State-owned enterprises are fully operated by th e State including disposal of the property and 
activities performed. 
In addition, the companies held by the national managing holdings or national holdings are not 
considered as State-controlled, because juridically their shareholder will be either a national 
managing holding or a national holding. To be State-controlled, 50 or more per cent shares of a company must be operated by a government agency or a local executive body.  
Question 29 
Paragraph 95 of document WT/ACC/SPEC/KAZ/9/R ev.8 also states that:  "The national 
companies, controlling shares of which did no t belong to National Managing Holding or 
National Holding, were considered as State-controlled". 
Are national companies (i.e., those that are not "held" by National Managing Holding 
and National Holding) administratively under the jurisdiction of a government Ministry?  WT/ACC/KAZ/77 
 
- 23 - 
 
  Are other majority state-owned companies, i. e., not "held" or designated as "national 
companies", administered by government Ministries?   
Answer: 
National companies are either operated by national holdings, national managing holdings or 
government agencies. 
State-owned shares of JSCs and LLPs are operated  by government agencies or local executive 
bodies.   
Question 30 
Paragraph 96 of document WT/ACC/SPEC/KAZ/9 /Rev.8:  Footnote 6 appears to exempt 
national companies which belonged to the na tional managing holdings "Samruk-Kazyna" 
and "KazAgro" and to national holdings "Zer de" and "Parasat" from the description of 
government competencies for national managing holdings, national holdings, and 
national companies.  
- Why? 
- What are the government competencies for the national managing holdings 
Samruk-Kazyna" and "KazAgro" and to nati onal holdings "Zerde" and "Parasat"? 
Answer: 
1. The footnote 6 excludes national companie s, which belong to the national managing 
holdings "Samruk-Kazyna" and "KazAgro", and to national holdings "Zerde" and "Parasat" 
from the description of government competencies for national managing holdings, national holdings and national companies due to the reason that juridically the shareholder of these 
national companies is not the Government, but a national managing holding or a national 
holding. 
2. Management of national managing holdings and national holdings is performed in 
accordance with Article 181 of the Law "On Stat e Property". The Government is entitled to 
take a decision on liquidation, reorganization and change of the title of a national managing holding and national holding. 
By the decision of the Government, the State-owne d shares (rights of participation) of JSCs/LLPs 
could be transferred to a national managing holding or a national holding.  
The sole shareholder performs functions related to the competence of the general meeting of 
shareholders in accordance with Article 36 of the Law "On Joint Stock Companies", except the 
following functions that are performed by the Board of Directors: 
- determination of  the auditing organization to perform audit; 
- approval of the methodology of determining th e value of shares when repurchased by the 
company.  
The Board of Directors of a national managing holding and a national holding consists of 
representatives of the government agencies and independent directors.  
The Board of Directors performs the following fu nctions, apart from the competence listed in 
Paragraph 2 Article 53 of the Law "On Joint Stock Companies" and the two mentioned above: 
1) Approval of the number of personnel; 
2) Formation of a single financial, investment, industrial, research policy of subsidiaries; 
3) Approval and evaluation of the developmen t plan, approval of the report on its 
implementation; 
4) Determination of the risk management policy; WT/ACC/KAZ/77 
 
- 24 - 
 
  5) Taking a decision on participation of the company in establishing or activities of other 
juridical persons by transferring part or several parts of assets in total representing from 10 to 25% of all the assets of the company.  
The executive body performs functions stipulated by the Law "On Joint Stock Companies" and 
takes decisions on the issues, referred to the competence of the general shareholders 
(participants) meeting of a juridical person 10 and mo re per cent of shares (rights of participation) 
of which belongs to the company.    
Question 31 
Paragraph 96 of document WT/ACC/SPEC/KAZ/9/Rev.8 states National Managing 
Holding "KazAgro", the National Info-Comm unication Holding "Zerde", the National 
Scientific-Technological Holding "Parasat" and State-controlled national companies 
conducted procurement of goods and serv ices in accordance with their own 
Procurement Rules.  This is true for Sa mruk-Kazyna National Holding as well.   
- Please confirm that all majority state- owned or state-controlled companies that 
are not covered by these four holding co mpanies are covered by Law No. 303, On 
Government Procurement. 
Answer: 
State-owned enterprises, and JCSs and LLPs with 50 or more per cent of State participation 
conduct their procurement in accordance with the Law No. 303 "On Government Procurement". The Law does not cover the following entities since they conduct procurement in accordance with their own rules: 
- national holdings and national managing holdings and their subsidiaries with 50 or more per 
cent of State participation; 
- national companies. 
Question 32 
W h e t h e r  o r  n o t  t h i s  i s  s o ,  p l e a s e  p r o v ide comprehensive information on the how 
procurement is addressed (legal citation ) for all categories of state-owned or 
state-controlled companies and any "holding" companies not covered by the four listed 
in this question.   
We are seeking a comprehensive list of st ate owned or state controlled firms with 
procurement mandates that have local conten t requirements so that they can be covered 
by a commitment to remove thes e requirements as part of Kazakhstan's WTO accession.  
Answer: 
The information is presented in the table in Appendix 3. 
Question 33 
We suggest that the following information (as laid out in paragraph 621) on the local 
content procurement requirements for state owned and state controlled enterprises of 
whatever character be moved to this sect ion and elaborated based on responses to 
these questions: 
The representative of Kazakhstan noted that Kazakhstan applied local content 
requirements, in the form of preferences for purchase of locally produced goods, with a 
view to diversifying the national economy.  In accordance with Kazakhstan's legislation, 
local content requirements applied in  procurement of goods and services [Footnote] by 
subsurface users within the framework of in vestment contracts in the oil and gas and 
mining sectors; in the automotive sector; in the procurement of the National Welfare 
Fund "Samruk-Kazyna" the National Managing Holding "KazAgro", the JSC "National WT/ACC/KAZ/77 
 
- 25 - 
 
  Info-Communication Holding 'Zerde'", the JS C "National Scientific and Technological 
Holding 'Parasat'" and national companies, that do not belong to national managing 
holdings or national holdings and in pr ocurement by other state owned enterprises 
under Law No. 303 "On Government Procurement" (referred to in the Chapter on 
Government Procurement).  [Footnote: The term "services" includes both services and 
work as those terms are used in Law No. 291-IV.]  
We would appreciation elaboration of this  information to ensure that it lists 
comprehensively what is subject to local co ntent requirements in Kazakhstan in the 
state-owned, state-controlled, or with state participation sphere. 
- Specifically reference to National Ma nagement Holding "Beyterek" should be 
added. 
Answer: 
Kazakhstan proposes to add the following paragraph after Paragraph 96 of the Draft Working Party 
Report (WT/ACC/SPEC/KAZ/9/Rev.8):  
96bis. The representative of Kazakhstan noted that Kazakhstan applied local content 
requirements, in the form of preferences for purcha se of locally produced goods, with the objective 
to diversify the national economy. In accordance with Kazakhstan's legislation, local content 
requirements applied in procurement of goods and services2 by the JSC "National Welfare Fund 
"Samruk-Kazyna"; the JSC "National Managing Holding "KazAgro"3; the JSC "National Info-
Communication Holding 'Zerde'"; the JSC "National Scientific and Technological Holding 'Parasat'"; national companies that do not belong to national managing holdings or national holdings listed 
above; and in procurement by other joint stock co mpanies and limited liabilities partnerships with 
50 or more per cent of State participation and State-owned enterprises (referred to in the Government Procurement Section of this document).   
Question 34 
Regarding paragraph 97 of document WT/ACC/ SPEC/KAZ/9/Rev.8:  Please indicate how 
a "golden share" position could affect the procurement regulations with local content 
requirements applying to JSCs, eith er state-owned/controlled or not.  
Answer: 
As indicated in Paragraph 97 Draft Working Party Report (WT/ACC/SPEC/KAZ/9/Rev.8), the 
Government does not own any golden share. 
It should also be noted that golden shares are prohibited in public companies, i.e. companies listed 
in stock exchanges. This provision applies to the joint stock companies with 50 or more per cent of State participation and whose shares are listed in stock exchanges.   
Question 35 
Paragraph 99 of document WT/ACC/SPEC/KAZ/9/R ev.8 states that:  "the share of State 
property, including State enterprises in the total Gross Value Added
4 accounted for 9.6% 
in 2011". 
- Does this statistic include all/all firms wi th state-participation, including national 
companies and companies "held" by Nati onal Managing Holding or National 
                                               
2 The term "services" includes both services and work as those terms are used in Law No. 291-IV. 
3 The JSC "National Managing Holding "Bayterek"  had been established on 22 May 2013. The legal 
framework for functioning of the holding, including Proc urement rules, is planned for adoption by the end of 
2013. 
4 Gross Value Added - is the difference between output  of goods and services (e.g. sales revenue) and 
intermediary consumption (e.g. cost of goods and services used in production).  Gross Value Added does not include net taxes, which are included  into the Gross Domestic Product. WT/ACC/KAZ/77 
 
- 26 - 
 
  Holding entities?  If not, please recalc ulate and provide in the text the more 
comprehensive number. 
Answer: 
This statistics does not include all firms with State participation, including national companies, and 
companies that belong to National Managing Holdings or National Holding.  
The data from juridical persons with State partic ipation are collected by the Statistics Agency in 
accordance with the Classifier of Forms and Types of Property, approved by the Resolution of the 
Statistics Agency No. 71 of 26 November 1997, wh ere property of juridical persons with State 
participation falls under the category of private property. Therefore, it is technically infeasible to separate the share of the State in a company with State participation from the share in private ownership within the same company.  
Question 36 
Paragraph 101 of document WT/ACC/SPEC/KAZ/9/R ev.8 states that:  "Tariffs for export 
routes and transit of natural gas by pipelines were not subject to State regulation". 
- Why not?  Are these pipelines privately owned?  Are they considered natural 
monopolies? 
- Does the lack of "State regulation" mean that the natural gas that is transported is 
exempt from state controlled prices as well? 
Answer: 
As stated in Paragraph 131 of the Pricing Polici es Section of the DWPR, the tariffs charged for 
transportation of gas via pipelines for domestic consumption and crude oil via main pipelines is 
subject to regulation as natural monopolies.  
However, the pipeline transportation tariffs for exports and transit of natural gas were not subject 
to State regulation as natural monopolies because the JSC "Intergas Central Asia" renders these 
services under the Concession Agreement.  The Concession Agreement concluded between 
Kazakhstan and "Traktebel S.A." on 14 July 1997 had granted full ownership and management rights of the gas transportation system to "Traktebel S.A.".  On 23 July 1997, "Traktebel S.A." had 
transferred all rights on the management of the transportation system to the JSC "Intergas Central 
Asia".  Thus, tariffs for exports of natural gas were negotiated under international Concession Agreements, according to which the concessionaire/investment company set their own tariffs for international transit.   
According to Paragraph 128 of the Pricing Poli cies Section of the DWPR, based on the Law 
No. 532-IV of 9 January 2012 "On Gas and Gas Supply", the Government Resolution No. 1272 
"On Establishing Maximum Wholesale Price of Liquefied Petroleum Gas on the Internal Market" of 
8 October 2012, the Government of Kazakhstan sets maximum wholesale prices of liquefied 
petroleum gas on the domestic market. However, the prices of gas for exports and in transit via territory of Kazakhstan (since the latter originates from another state) are not subject to State 
regulation. 
Question 37 Paragraph 105 of document WT/ACC/SPEC/KAZ/9 /Rev.8 states that:  the "companies 
under the National Welfare Fund "Samruk-Kazyna" were neither "State enterprises", nor 
companies with State participation  since their shareholder was the National Welfare 
Fund "Samruk-Kazyna", and not the Governme nt of the Republic of Kazakhstan".  
Since the State actually owns the shares of the "held" companies, as well as the holding 
company, we do not understand that statement.  
- Please clarify whether Kazakhstan does not agree that these firms will be 
considered as "state-owned" for the purposes of being covered by the commitment 
in paragraph 119. WT/ACC/KAZ/77 
 
- 27 - 
 
  Answer: 
As mentioned earlier, companies that belong to the National Welfare Fund "Samruk-Kazyna" as 
well as any other national holding and joint-stock companies or limited liabilities partnership with 50 or more per cent of State participation are not considered as State-owned under Kazakhstan's 
legal framework.  Under the legislation of Kazakhstan, the ownership of shares in joint-stock 
companies or limited liabilities partnerships provides the owners with the right to participate in management of a company and to own part of  property upon liquidation of a company, 
proportionally to the shares owned. 
As described in Answer to Question 8 in the document WT/ACC/KAZ/72, property of State (owned) 
enterprises is fully owned and operated by the Go vernment and their activities are under strict 
control of the Government.  
In accordance with Kazakhstan's legislation, the JSCs and LLPs with State participation are not 
State enterprises due to the following reasons:   
(v) the property of JSCs and LLPs does not belong to the State, hence, the Government did not 
have a right to dispose their property;  
(vi) the degree of control over operations of the JS Cs and LLPs was limited to competence of the 
Government to act as a shareholder or participant,  
(vii) shareholders of the JSC were not responsible for liabilities of the company and borne the 
risks of losses related to the activities of the company to the extent of the value of the 
shares owned.  
(viii)  these companies were subject to the rules of corporate governance and the general rules of 
Laws "On Joint Stock Companies" No. 415-II of 13 May 2003 or "On Limited Liability and 
Additional Liability Partnerships" No. 220-I of 22 April 1998. For example, Board of Directors of joint stock companies included independent directors. Property of such companies was 
managed by the management board.  
Taking into account stated above, for the purposes of the WTO accession, Kazakhstan prefers to 
use the term "State-controlled enterprises" with respect to joint-stock companies or limited 
liabilities partnerships with 50 or more per cent of State participation.  
Kazakhstan proposes to add the following paragraph before Paragraph 119 Draft Working Party 
Report (WT/ACC/SPEC/KAZ/9/Rev.8): 
118bis. In response to a request from a Member, the representative of Kazakhstan stated that 
the local content requirements in the form of 20% conditional price discount were applied in 
procurements of national managing holdings, national holdings and national companies, as well 
as other joint stock companies and limited liability partnerships with 50 or more per cent of 
State participation. Currently the following State-controlled companies existed in Kazakhstan:   
-  Three national managing holdings ("Samruk-Kazyna", "KazAgro", "Bayterek");  
-  Two national holdings ("Zerde" and "Parasat");  
-  32 national companies (including 10 under the national managing holdings);  
-  538 joint stock companies and limited liability partnerships managed by the government 
agencies. 
Kazakhstan requested a transitional period of three years from the date of accession to the 
WTO for phasing-out the local content requirements  in the procurement rules of companies that 
belong to national managing holdings: "Samruk-Kazyna", "KazAgro" and "Bayterek", and 
national holdings: "Zerde" and "Parasat". The tr ansitional period was required for development 
and implementation of the new procurement regulation in accordance with the WTO provisions. 
Question 38 
Paragraph 105 bis:  Please include information on the National Managing Holding 
"Bayterek", as follows: 
105bis.   With the objective to facilitate growth and diversification of the economy, 
attract investments and develop clusters through optimization of the management WT/ACC/KAZ/77 
 
- 28 - 
 
  system of development institutions and fina ncial organizations, the National Managing 
Holding "Bayterek" had been established by the Decree of the President of the Republic 
of Kazakhstan No. 571 of 22 May 2013.  The following subsidiaries of the National 
Welfare Fund "Samruk-Kazyna" had been tran sferred to the NHM "Bayterek":  the JSC 
"Development Bank of Kazakhstan", the JSC "Kazyna Capital Management", the JSC 
"Export-Credit Insurance Corporation "KazEx portGarant", the JSC "Investment Fund of 
Kazakhstan", the JSC "Entrepreneurship Develo pment Fund "Damu.  The portfolio of the 
NMH "Bayterek" also included a number of JS Cs previously supervised by government 
agencies, such as: the HJSC "National Agency on Technological Development" 
(previously under the auspices of the Minist ry of Industry and New Technologies), the 
JSC "Zhilstroysberbank of Kazakhstan", th e JSC "Mortgage Organization "Kazakhstan's 
Mortgage Company ", the JSC "Kazakhstan's Fund on Guaranteeing Mortgage Loans " 
(previously under the auspices of the Mini stry of Regional Development), the JSC 
"Distressed Assets Fund" (previously under th e auspices of the Ministry of Economy and 
Budget Planning).  
Answer: 
The proposed text was incorporated into Paragraph 117bis of the draft Working Party Report. 
Question 39 
Regarding paragraph 110 of document WT/ACC/SPEC/KAZ/9/Rev.8:  We request 
inclusion in this paragraph of the inform ation in the response to Question 8 of 
WT/ACC/KAZ/75 concerning Samruk-Kazyna. 
Answer: 
Taking into account the proposed text marked as  118bis above, Kazakhstan proposes to add the 
Answer to Question 8 of the document WT/ACC/KAZ/75 to Paragraph 110 Draft Working Party 
Report (WT/ACC/SPEC/KAZ/9/Rev.8) with minor modification as follows:   
110. The "Samruk-Kazyna" managed its subsidiaries in accordance with Law No. 415-II "On Joint 
Stock Companies".  Procurement of goods and services by the Fund and organizations, in which 
t h e  F u n d  d i r e c t l y  o r  i n d i r e c t l y  o w n e d  5 0  o r  m o r e  p e r  c e n t  o f  t h e  v o t i n g  s h a r e s  ( r i g h t s  o f  
participation), was conducted in accordance with the Procurement Rules, approved by the Board of 
Directors of the Fund on 26 May 2012.  In reply to a Member's question as to whether the requirement for local content in procurement for the "Samruk-Kazyna" was initiated with the 
May 2012 Procurement Rules, the representative of Kazakhstan explained that initially the local 
content requirements had been introduced by the Procurement Rules approved by the Decision of 
the Board of Directors of 18 November 2009 in accordance with the previous Law "On the National 
Welfare Fund" of 13 February 2009.  The currentl y applied Procurement Rules were approved in 
accordance with the new Law "On the National Welfare Fund" of 1 February 2012. Local content 
provisions were introduced into the Procurement Rules of the National Welfare Fund "Samruk-
Kazyna" in 2009 as part of the Government efforts to overcome negative impact of the global 
financial crisis of 2008-2009 on economic growth of  the country.  In particular, the local content 
provisions were aimed at stabilization of the social and economic situation in 27 single industry 
towns of Kazakhstan and maintaining jobs in the enterprises, including small and medium-sized 
businesses, which formed the core business activi ty of these towns.  The Procurement Rules did 
not apply to companies, in which the Fund's share ownership (rights of participation) was less than 
50%.  Tender was the main method applied for the procurement of goods and services.  The Rules 
stipulated criteria for the evaluation of bids and provided for the application of conditional price 
discount in total of up to 20% for locally produced goods and services.  
Question 40 
Regarding paragraph 111 of document WT/A CC/SPEC/KAZ/9/Rev.8:  The response to 
Question 9 of WT/ACC/KAZ/75 st ates that:  "the new Procur ement Rules of the National 
Welfare Fund "Samruk-Kazyna" are still be ing developed within the Fund and its 
subsidiaries, and finalization of this proces s will require a certain period of time".  WT/ACC/KAZ/77 
 
- 29 - 
 
  In addition, Kazakhstan has stated that it will share the draft document with the 
Working Party Members upon its approval within the Fund. 
- Please provide updated information on  when the Working Party will have an 
opportunity to review the procurement rule s, e.g., well prior to the conclusion of 
the accession negotiations. 
Answer: 
The WTO compatible international experience is being reviewed by the group of experts within the 
NWF "Samruk-Kazyna" and it will require sufficient timeframe to develop new procurement 
regulations. Therefore, Kazakhstan has requested a transitional period of three years starting from 
the date of accession to the WTO with the purp ose to develop and introduce the new procurement 
rules.   
Question 41 
Regarding paragraph 115 of document WT/ACC/SPEC/KAZ/9/Rev.8 addresses the 
National Company Food Contract Corporatio n (FCC), a subsidiary of the national 
managing holding KazAgro.  
- Paragraph 115 previously stated (in WT/ACC/SPEC/KAZ/9/Rev.7) that the FCC 
engaged in the "implementation of measures in support of the agricultural sector".  
Is that no longer true?  Please cl arify why that statement was removed. 
- To what extent and on what legal basis is the non-grain procurement of the Food 
Contract Corporation subject to  local content requirements? 
Answer: 
The Food Contract Corporation purchases grain on behalf of the Government for the purposes of 
food security and support of the agricultural sector.  
The local content requirement is stipulated by th e Rules of Procurement of Goods and Services of 
the "Food Contract Corporation" approved by the Decision of the Board of Directors of 
24 November 2009. In particular, Paragraph 30 of the Rules provides for conditional price discounts of up to 20% for domestic producers of goods and services in procurements via tender.   
Taking into account described above, Paragraph 115 of the Draft Working Party Report 
(WT/ACC/SPEC/KAZ/9/Rev. 8) has been revised as follows:  
115. The National Company "Food Contract Corporation" had been established to ensure the 
country's food security by maintaining and renewing the State grain reserve through the State 
grain resource.  The "Food Contract Corporation", as an agent of the Government, had an 
exclusive right to implement the budget programm e on procurement, storage and transportation 
of State grain resources (comprising of State grain reserve and grain products), as well as the 
stocks for market interventions.  The Governme nt approved the rules governing purchases for 
State grain resources and annually established the volumes and prices for such purchases.  The Government had the right to use State resources as food aid to foreign countries through the 
"Food Contract Corporation".  The "Food Contra ct Corporation" conducted its foreign trade 
operations in competition with private traders an d subject to market prices.  The total share of 
procurement of the "Food Contract Corporation" constituted 16.8% of the total volume of grain 
produced in Kazakhstan. In response to the question of a Member, the representative of 
Kazakhstan stated that the local content requirement was stipulated in the Rules on Procurement 
of Goods and Services of the "Food Contract Corpor ation" approved by the Decision of the Board of 
Directors of 24 November 2009. In particular, Para graph 30 of the Rules provided for conditional 
price discounts of up to 20% for domestically produced goods and services in procurements 
conducted via tender. WT/ACC/KAZ/77 
 
- 30 - 
 
  Question 42 
Paragraphs 116 and 117 address KazAgroProduct and KazAgroFinance, JCSs and 
subsidiaries of the national managing holding KazAgro. 
Please incorporate the information from the response to Question 6 of WT/ACC/KAZ/75 
that both firms observe local content requ irements in their procurement based on 
tenders. 
Answer: 
Kazakhstan has incorporated the information from Answer to Question 6 of the document 
WT/ACC/KAZ/75 at the end of Paragraphs 116 and 117 Draft Working Party Report 
(WT/ACC/SPEC/KAZ/9/Rev.8).  
Kazakhstan proposes to add the following information at the end of Paragraph 117 of the Draft 
Working Party Report (WT/ACC/SPEC/KAZ/9/Rev. 8): 
117.  The JSC "KazAgroFinance" was established to im plement the State policy aimed at  creating 
a competitive agricultural sector through rendering financial services and provision of agricultural 
machinery and equipment under financial leasing schemes. "KazAgroFinance" purchased 
agricultural machinery in the domestic and international markets for subsequent leasing to farmers.  In the sphere of foreign economic acti vity, "KazAgroFinance" was engaged in importation 
of agricultural machinery, equipment, and animal s, and had no monopoly or any other exclusive 
rights or privileges in this sphere.  The Government did not regulate the prices, the volume or the types of agricultural machinery or equipment purc hased by the company.  All such decisions were 
made by "KazAgroFinance" in accordance with available financial resources and based on 
applications from agricultural producers with the specification of the type of machinery they 
planned to lease from "KazAgroFinance".  The Gove rnment determined only the interest rates in 
leasing schemes and other financial support programmes of the "KazAgroFinance" funded from the 
State budget, and did not regulate the interest rates for its financing activities funded from other 
sources.  In reply to a question, the representative of Kazakhstan explained that the "KazAgroFinance" conducted its procurement of goods and services in accordance with the 
Procurement Rules approved by the Decision of the Board of Directors of 4 April 2011.  
The Procurement Rules provided for application of a conditional price discount in total of up to 20% for locally produced goods and services in  procurements conducted via tender. However, 
procurement of agricultural machinery and equipment for subsequent leasing to agricultural 
producers was conducted based on applications from farmers.  Therefore, conditional price 
discounts foreseen for procurements via tender were not applied to the purchases of agricultural machinery and equipment for subsequent leasing to agricultural producers. She added that the 
share of local content in the procurement of  "KazAgroProduct" and "KazAgroFinance" was 
insignificant. For instance, in 2012 "KazAgroProduct" purchased goods for the amount of 24.5 
million tenge, of which local content composed around 2.5 million tenge or 10%. In 2012, 
"KazAgroFinance" purchased goods for the amount of 48.6 billion tenge, of which local content 
constituted only 2 billion tenge or 4.2%. 
Question 43 
Paragraph 117 bis.:  We need a short paragraph, either here or earlier in the section, that 
comprehensively lays out and describes the scope of Kazakhstan's firms with state 
participation. 
Answer: 
As stated in replies to Questions 24 and 33,  Paragraphs 88, 89, 90 and 96bis of the DWPR 
(WT/ACC/SPEC/KAZ/9/Rev.8) we re revised as requested. WT/ACC/KAZ/77 
 
- 31 - 
 
  - Pricing Policies  
Question 44 Paragraph 120 of document states that th e CU Agreement on Common Principles and 
Rules of Regulation of Activities of Natu ral Monopolies of 9 December 2010 "provided 
for non-discriminatory access to services re ndered by natural monopolies of a SES Party 
to consumers from the other SES Parties". 
- What aspects of "access" does this statem ent refer to?  Are the prices charged for 
the services of natural monopolies included? 
- What are the implications of this st atement/Agreement for "access to services 
rendered by natural monopolies" by WTO Members after Kazakhstan's accession?  
Will WTO Members have a guarantee of "non-discriminatory access"? 
Answer: 
1. According to Article 2 of the Agreement on Common Principles and Rules of Regulation of 
Activities of Natural Monopolies of 9 December 2010  (hereinafter - Agreement) "access to services 
of natural monopolies" is defined as "rendering by  natural monopolies of one Party services related 
to the sphere of natural monopolies to the customers of another Party on conditions not less favorable than those under which the similar service is rendered to the customers of the first Party 
if technically feasible". 
According to Article 6 of the Agreement, the Parties agree to establish in their national legislation 
the Rules for provision of access to services of natural monopolies as it is outlined in Article 2. The Rules for provision of access to customers to the services of natural monopolies include: 
1) Essential provisions of contracts, the order of conclusion and implementation of contracts; 
2) The order for determining technical feasibility; 
3) The order for disclosing information on services rendered by natural monopolies, their price, 
access to them, possible volumes of sales, technical and technological capacities for rendering 
such services; 
4) Terms for receiving information, that allows concerned parties to compare the conditions for 
rendering services of natural monopolies and (or) access to them; 
5) The list of information, which does not constitute confidential information; 
6) The order of examination of complaints, applications and dispute resolution on the issues of 
access to services of natural monopolies.      
Tariff (price) regulation of services rendered by natural monopolies and regulation of access to 
services of natural monopolies is performed on the basis of the national legislation of the Parties.  
2. The Agreement applies only to the Parties to  the Agreement and does not extend to third 
countries. However, the WTO Members may receive non-discriminatory access to services 
rendered by natural monopolies based on national legislation.  
For instance, according to paragraph 3) Article 7 of the Law No. 272-I "On Natural Monopolies and 
Regulated Markets" of 9 July 1998 (hereinafter – the Law), the natural monopolies shall grant 
equal conditions to the customers of regulated services (goods, works). The Law does not differentiate between foreign and domestic customers. In particular, according to Paragraph 26 Article 3 of the Law, a customer is a physical or juridical person using or intending to use regulated 
services (goods, works) of natural monopolies.  
Question 45 (Page 44, para. 134) 
As indicated in the Report, "The Ministry of Oil and Gas allocated available 
transportation quotas among Kazakhstan's co mpanies producing crude oil proportionally 
to the volume of their production depending on the available transport capacities of the 
main pipeline in Kazakhstan and transit capa city provided by the Russian Federation…" WT/ACC/KAZ/77 
 
- 32 - 
 
  As far as we know, the main reason why Ka zakhstan is implementing the quota system 
is the insufficient transport ca pacity of the oil pipelines.  
Are there any plans to build new pipelines?  If so, will the building and operating of the ne w pipelines be open to foreign investors? 
Could Kazakhstan please describe any plan s it may have to resolve the problem of 
insufficient transport capacity, and an y related investment  and operational 
arrangements?                                                                                                           
Answer: 
As described in Paragraph 133 Draft Working Party Report (WT/ACC/SPEC/KAZ/9/rev.8) there are 
three oil export pipelines: "Uzen-Atyrau (Kazakhs tan) –Samara (Russia)", "Tengiz-Novorossiysk" 
and "Kenkiyak-Alashankou". 
The "quota" mechanism operates only with respect to "Uzen-Atyrau (Kazakhstan) – Samara 
(Russia)" pipeline. As described in Paragraph 134 of the Draft Working Party Report (WT/ACC/SPEC/KAZ/9/rev.8), the Ministry of Oil an d Gas allocated available transportation quotas 
among Kazakhstan's companies producing crude oil proportionally to the volume of their 
production depending on the available transport capa cities of the main pipeline in Kazakhstan and 
transit capacity provided by the Russian Federation .   I t  s h o u l d  b e  e mp h a s i z e d  t h a t  t h e r e  i s  n o  
shortage of quota for transportation of crude oil via "Uzen-Atyrau (Kazakhstan) – Samara 
(Russia)" pipeline.    
There are no plans of building new export pipeli nes due to the fact that the Caspian Pipeline 
Consortium and the Kazakhstan-China Pipeline are planning to enhance transportation capacities  
of existing two pipelines owned by them "Ten giz-Novorossiysk" and "Kenkiyak-Alashangkou", 
respectively,  by twofold.  
In order to give more precise information, Kazakhstan proposes to modify Paragraph 134 Draft 
Working Party report (WT/ACC/SPEC/KAZ/9/rev.8) as following:   
134. The Ministry of Oil and Gas allocated availabl e transportation quotas for exports of crude oil 
via "Uzen–Atyrau – Samara" pipeline among Kazakhstan's companies producing crude oil 
proportionally to the volume of their production depending on the available transport capacities of 
the main pipeline in Kazakhstan and transit ca pacity provided by the Russian Federation.  
Applications from producers had to indicate the production volume and destination for the 
transportation of crude oil.  Once the quota volume was agreed, the exporter had to sign an Oil 
Transportation Agreement with the main pipeline operator - KazTransOil.  In negotiations on the 
annual transit quotas with the Russian Federation, the Government of Kazakhstan took into account the forecasted needs for crude oil transportation of all of Kazakhstan's companies.  
To date, all requests for transportation of crude oil had been met and there had been no shortage 
of quotas.  Thus, quotas were allocated to both domestic and foreign invested companies producing crude oil in Kazakhstan on a non-discriminatory basis.  
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES 
- Powers of Executive, Legislative an d Judicial Branches of Government 
Question 46 Please update this section to more fully re flect the scope of the ongoing evolution of 
Customs Union legal framework for making and enforcing policies governed by WTO 
provisions. 
Answer: 
At the meeting of the Supreme Eurasian Economic  Council on May 29, 2013, which took place in 
Astana, Heads of States decided to start the process of codification of international treaties that WT/ACC/KAZ/77 
 
- 33 - 
 
  form the legal framework of the Customs Union and the Single Economic Space and on this basis 
to proceed with the development of the Treaty on the Eurasian Economic Union. 
The process of codification has just started, ther efore, there is not yet the concrete outcome that 
would affect the CU's and SES's legal framework for making and enforcing policies governed by 
WTO provisions.  
In all other respects the information provided in this section fully corresponds to the current 
situation in the Customs Union and the Single Economic Space.  
Question 47 
Paragraph 170 of document WT/ACC/SPEC/KAZ /9/Rev.8:  Question 11 in document 
WT/ACC/KAZ/75 asked which of several Pres idential appointments listed in this 
paragraph required Majlis or Senate approv al.  The response listed some that required 
Senate approval, i.e., the Prosecutor General,  the Chairperson of the National Security 
Committee, and the Chairperson of the Nati onal Bank, and one with with Majilis 
approval, i.e., the Prime Minister.   
- Please provide specific confirmation on e way or the other, as requested in the 
question, as to which of the positions liste d required Majlis or Senate approval.  
Answer: 
1. According to Article 44 of the Constitution of the Republic of Kazakhstan only the following 
persons are appointed by the President with the approval of the Senate: 
- The Prosecutor General; 
- The Chairperson of the National Security; 
- The Chairperson of the National Bank. 
The Prime Minister is appointed by the President upon a pproval by the majority vote of the Majilis.     
2. Approval of the Majlis or the Senate is not required for appointment by the President of the 
following positions: the Ministers of Foreign Affair s, Defence, Internal Affairs and Justice and Heads 
of State Committees, the Heads of Diplomatic Missions, higher Officers of the Armed Forces, the Chairperson and two members of the Constitutional Council, the Chairperson and two members of 
the Central Election Committee, the Chairperson and two members of the Accounting Committee 
for Control Over the Implementation of the Re publican Budget, 15 Deputies of the Senate, 
chairpersons and judges of local and other courts, the State Secretary and Akims. 
- The Minister of Foreign Affairs, the Minister of  Defence, the Minister of Internal Affairs and 
the Minister of Justice – are appointed by th e President. Other Ministers are appointed by 
the President upon proposal of the Prime Minister.  
- The Heads of Diplomatic Missions – are appointed by the President upon proposal of the 
Minister of Foreign Affairs 
- Higher Officers of the Armed Forces  – are appointed by the President  upon proposal  of the 
Minister of Defence  
- The Chairperson and two members of the Cons titutional Council – are appointed by the 
President upon proposal of the Head of th e Administration of the President. Other 
4 members of the Constitutional Council are a ppointed by the Majilis and the Senate (2- by 
the Majilis, 2- by the Senate) 
- The Chairperson and two members of the Centra l Election Committee – are appointed by the 
President upon proposal of the Head of th e Administration of the President. Other 
4 members of the Central Election Committee ar e appointed by the Majilis and the Senate 
(2- by the Majilis, 2- by the Senate) 
- The Chairperson and two members of the Accounting Committee for Control Over the 
Implementation of the Republican Budget - are appointed by the President upon proposal of 
the Head of the Administration of the President. Other 6 members of the Accounting 
Committee for Control Over the Implementation of the Republican Budget are appointed by 
the Majilis and the Senate (3 –by the Majilis, 3 – by the Senate) WT/ACC/KAZ/77 
 
- 34 - 
 
  - 15 Deputies of the Senate - are appointed by th e President upon proposal of the Head of the 
Administration of the President. 
- Chairpersons and judges of local and other co urts – are appointed by the President upon 
proposal of the Supreme Judicial Council  
- Akims of oblasts,  city of a Republican status and the capital city – are appointed by the 
President upon approval by the local executive bo dies of oblasts, city of a Republican status, 
capital city Maslikhats. 
IV. POLICIES AFFECTING TRADE IN GOODS 
- Registration Requirements for Import and Export Operations Question 48 A Member finds the reply to Question 17 provided by Kazakhstan to be completely 
inadequate.  The issue that has been raised by the Member does not in any way related 
to "employment of natural persons" as Kazakh stan put it, but rather to trading rights 
and violation of national treatment and MFN principles. 
Therefore, we have no choice but to repe at our question - how and when Kazakhstan 
intends to abolish the prohibition for natu ral persons who are not citizens of the 
Republic of Kazakhstan or Kazakh national s living abroad to register as individual 
entrepreneurs? 
Furthermore, following the Working Party Meeting on 5 June 2013, it was found out that 
Kazakhstan discriminates amon g WTO Members by allowing ci tizens of another Member 
to stay in Kazakhstan for 90 days without any registration, whereas citizens of other 
WTO Members are required to register with a ppropriate authorities if  their stay exceeds 
five days. 
Therefore, in order to ensure future non-di scriminatory treatment by Kazakhstan, this 
Member requests the following commitment from Kazakhstan to be included in the Draft 
Working Party Report: 
"The representative of Kazakhstan conf irmed that, before the conclusion of 
negotiations, Kazakhstan would amend the Law of the Republic of Kazakhstan on Private 
Entrepreneurship (No. 124-III ZRK of 31 January 2006, with subsequent amendments) and any legislation as may be required to a llow natural persons, WTO Members' citizens, 
to register as individual entrepreneurs in Ka zakhstan.  The representative of Kazakhstan 
further confirmed that, from the date of a ccession, Kazakhstan would allow the stay of 
up to 90 calendar days to citizens of WTO Members, without the any registration with 
any state authority.  The Working Party took note of these commitments." 
This Member will not be able to conclude negotiation with Kazakhstan before these 
issues are resolved in a satisfactory manner. 
Answer: 
As it is indicated in our previous reply, issues of  employment of natural persons, such as individual 
entrepreneurs, are not regulated by the WTO Multilateral Trade Agreements.  Within the 
framework of the ongoing WTO accession negotiations, as any other acceding country, Kazakhstan is undertaking commitments under the GATS in its Services Schedule on regulation of entry and 
stay of foreign qualified personnel such as Intra-Corporate Transferees and Business Visitors. 
Kazakhstan's national legislation, as of any other WTO Member's, does not provide national treatment to employment of foreign natural persons.  
Kazakhstan is ready to hold bilateral consultations with the concerned Member on this issue.   
The statement of the concerned Member, that "Kazakhstan discriminates among WTO Members by 
allowing citizens of a Member to stay in Kazakhstan for 90 days without any registration, whereas 
citizens of other WTO Members are required to register with appropriate authorities if their stay WT/ACC/KAZ/77 
 
- 35 - 
 
  exceeds 5 days", is not correct. According to the "Rules on Entry and Temporary Stay of Foreign 
Natural Persons in the Republic of Kazakhstan , and their Departure from the Republic of 
Kazakhstan", approved by the Resolution of th e Government of the Republic of Kazakhstan 
No. 148 of 21 January 2012, all foreign natural persons are required to register within five 
calendar days from the date of crossing the state border of the Republic of Kazakhstan at the place 
of their temporary residence.  
The only exception was made in the framework of the Single Economic Space Agreement 
"On Legal Status of Natural Persons and Members of their Families" as of 19 November 2010, 
according to which citizens of the Republic of Belarus and the Russian Federation are allowed to stay in Kazakhstan for a period of 30 days without registration.  
Kazakhstan's regulations in the area of entry and temporary stay of foreign natural persons do not 
provide for stay in Kazakhstan without registra tion for 90 days to citizens of any country.  
Moreover, registration requirements applied to foreign visitors are not governed by WTO 
Agreements and none of the WTO Members is obliged to provide MFN treatment on this issue.  
Therefore, Kazakhstan is not ready to includ e the proposed commitment text into the Draft 
Working Party Report.  
A. IMPORT REGULATIONS 
- Ordinary Customs Duties 
Question 49 Regarding paragraph 261 of document WT/A CC/SPEC/KAZ/9/Rev.8:  The response to 
Question 18 of document WT/ACC/KAZ/75 stat es that:  "Kazakhstan has initiated the 
exclusion of the objective "to protect Cu stoms Union's economy from unfavourable 
influence from foreign competition" from Article 1 of the CU Agreement on Common 
Customs and Tariff Regulation of 25 January 2008 (hereinafter - the CU Agreement on 
Common Customs and Tariff Regulation)to the Eurasian Economic Commission.  As a 
result of the consideration, it has been decided to eliminate this provision during 
codification process of the regulatory base of the Customs Union, which is expected to 
be completed by May 2014.   
These changes will not, according to Kazakhstan 's schedule, be made prior to conclusion 
of the negotiations. We seek a commitment in  the Working Party text to ensure that 
these changes are seen as part of Kazakhstan's WTO obligations. 
Answer: 
Kazakhstan has sent to the Eurasian Economic Commission the proposal to exclude the relevant 
provision from Article 1 of the CU Agreement on Common Customs and Tariff Regulation of 
25 January 2008 prior to Kazakhstan's accession to the WTO, which is currently under 
consideration by the Russian Federation and the Republic of Belarus.   
The proposal is planned to be discussed at the next meeting of the Council of the Eurasian 
Economic Commission, which will take place in August 2013.  Kazakhstan proposes to add the following text into Paragraph 264bis of the draft Working Party 
Report:   
 264bis. In response to the request of a Member to remove from Article 1 of the Agreement on 
Customs Regulation the provision stating the obje ctive of the CET as "to protect the economy of 
the Customs Union from unfavourable influence of  foreign competition", the representative of 
Kazakhstan replied that the relevant amendments would be introduced to the Agreement on 
Customs Regulation by the date of Kazakhstan's accession to the WTO. 
 WT/ACC/KAZ/77 
 
- 36 - 
 
  Question 50 
Paragraph 267 of document WT/ACC/SPEC/K AZ/9/Rev.8 states that:  "the CET 
consisted of 11,170 tariff lines.  A significant majority of tariff lines (9,208 items) were 
subject to ad valorem  duties and 216 tariff lines were subject to specific duties.  
The ad valorem  rates ranged from 0 to 30%, except for a limited number of products".   
This statement does not reflect the information provided in the response to Question 20 
of document WT/ACC/KAZ/75, which states that:  " ad valorem  rates range from 0 to 
30%, except for a limited number of products, including meat:  beef, pork and poultry, 
towards which CU Parties apply tariff rate qu otas, where in-quota rates are established 
at the level between 0 and 25%, and out- of-quota rates are between 50 and 80%". 
- Please fix paragraph 267 to reflect this information and to accurately reflect the 
structure of Kazakhstan's applied tariffs. 
Answer: 
Kazakhstan will incorporate information from response to Question 20  of WT/ACC/KAZ/75 into 
Paragraph 267 of the draft Working Party Report as follows: 
267.  The representative of Kazakhstan noted that  currently the CET consisted of 11,170 tariff 
lines.  A significant majority of tariff lines (9,208 items) were subject to ad valorem  duties and 
216 tariff lines were subject to specific duties.  The ad valorem  rates ranged from 0 to 30%, 
except for a limited number of products, including meat: beef, pork and poultry, towards which CU 
Parties apply tariff rate quotas, where in-quota ra tes were established at the level between 0 and 
25%, and out-of-quota rates were between 50 and 80%. Tariff items subject to specific rates 
included apples, chocolate, beer, and strong alcoholic beverages. 
Question 51 Paragraph 269 bis:  Please include the information in Question 21 of WT/ACC/KAZ/75 
and in its response in a commitment text, as follows: 
269bis.  The representative of Kazakhstan confir ms that upon accession to the WTO, the 
CU CET will be brought into compliance wi th Kazakhstan's tariff commitments, with 
regard to the entire commodity nomenclature, in accordance with the results of the 
ongoing "adjustment" negotiations aimed at  unification of tariff commitments of the 
Russian Federation and the Republic of Kazakh stan.  The Working Party took note of this 
commitment.   
Answer: 
The tariff adjustment proposal in the context of accession of the Republic of Kazakhstan to the 
WTO has been sent to WTO members on 3 July 2013. The proposal contains the Final Adjustment 
Bound Rates of the Common External Tariff of th e Customs Union (FABRCU) that were calculated 
on the basis of the Russian Federation's tariff  commitments on goods and the draft schedule of 
tariff commitments of the Republic of Kazakhstan using the specific formula. 
Kazakhstan believes that it would be premature to undertake the proposed commitment until the 
ongoing tariff "adjustment" process is finalized. 
Question 52 Regarding paragraph 274 of document WT/ACC/SPEC/KAZ/9/Rev.8:  Per the exchange 
i n  Q u e s t i o n  2 2  o f  W T / A C C / K A Z / 7 5 ,  w e  s e e k  c o n f i r m a t i o n  t h a t  K a z a k h s t a n  w o u l d  
complete the formalities for ITA Committee a pproval of its ITA Schedule prior to the 
verification and finalization of Kazakhstan's WTO Goods Schedule.   
- Can we assume that ITA Committee approv al of Kazakhstan's ITA Schedule is 
imminent, given the Working Party Chair' s statement at the last meeting that WT/ACC/KAZ/77 
 
- 37 - 
 
  Kazakhstan's market access package is suppo sed to be circulated for verification 
before the summer break? 
- Please update this part of the Working Pa rty Report and provide us with a date for 
ITA Committee approval. 
Answer: 
In response to Question 22 of WT/ACC/KAZ/75, Ka zakhstan stated that it would submit its ITA 
Schedule to the ITA Committee prior to finali zation of Kazakhstan's WTO Goods Schedule. 
Indeed, Kazakhstan has finalized its draft ITA Sc hedule and sent it to the WTO Secretariat for 
consideration and verification on 30 May 2013. The further progress on the ITA Schedule depends on how soon this Schedule will be considered and processed by the WTO Secretariat. Kazakhstan 
sent a request to the WTO Secretariat to provide the status of Kazakhstan's ITA Schedule and the 
date of its approval by the ITA Committee. On ce the relevant information has been received, 
Kazakhstan will provide it to the WP Members. 
- Tariff Rate Quotas 
Question 53  
Paragraph 308 of document WT/ACC/SPEC/K AZ/9/Rev.8 and Questions 23-25 of 
WT/ACC/KAZ/75 discuss Kazakhst an's bilateral negotiations with a Member for TRQ 
volumes for poultry, beef and pork.  
This Member and other WTO delegations with  similar concerns have indicated that 
resolution of these issues and other issues  related to Kazakhstan's TRQs would be 
necessary if we are to move forward towards verification of Kazakhstan's Schedule of 
Tariff Concessions.   
We have also noted that Kazakhstan only rele ased the first tranche of licenses under the 
2013 TRQs at the end of May, and that we understand that the second tranche is 
similarly delayed.  Neither situation is cons istent with Kazakhstan's legislation or the 
legitimate expectations of countries tr ying to trade within the TRQ system. 
Kazakhstan has indicated that it is working on its WTO systemic deficiencies related to 
TRQs, i.e.:  
- the chronic late distribution to importers of licenses for exploitation of the agreed 
TRQs; 
- the need to confirm in law that Kaza khstan will provide TRQ allocations in 
commercial quantities; and  
- the need to provide in law for new entrants at the in-quota rate when allocating 
the TRQs.  
Please update us and the Working Party Report  on what Kazakhstan intends to do to 
resolve these TRQ issues so that we may move forward on the outstanding tariff issues and towards conclusion of Kazakhstan's WTO accession negotiations.   
Please provide Members with a draft of the revised allocation mech anism that is being 
considered.  As noted in the Working Part y, we strongly encourage Kazakhstan to 
conduct this work in a transparent and least trade disruptive manner. 
Answer: 
Currently, the draft new Rules on Allocation of Tariff Rate Quotas for Imports of Certain Kinds of 
Meat to the Territory of Kazakhstan (hereinaft er – the draft Rules) is being developed by 
Kazakhstan.  WT/ACC/KAZ/77 
 
- 38 - 
 
  1) The draft Rules explicitly provide the specific dates and deadlines for collection, submission, 
publication of the required information as well as for subsequent preparation of the Government resolution. The timeframes were established for each concerned government 
agency involved in TRQ allocation process: the Ministry of Economy and Budget Planning, the 
Ministry of Agriculture and the Committee of Customs Control of the Ministry of Finance. 
These amendments were introduced in order to avoi d further delays in allocation of tariff rate 
quotas and in release of the Government resolution in future.  
2) Regarding access for new entrants, the draft Ru les envisage that 10% of the established 
volume of tariff rate quotas for imports of poultry (HS 0207) will be distributed among "new 
entrants".  
The draft Rules determine the Method for allocation of tariff rate quotas among new suppliers. 
Thus, tariff rate quotas shall be allocated among new suppliers in the order of submission of 
applications for receiving a licence. Licenses for imports will be issued by the authorized body until the volumes of tariff rate quotas established for new suppliers would be fully distributed. 
The licence can be issued, provided that the volume of declared goods is not less than 
"commercially viable quantities" and does not exceed 25% of the total volume of tariff rate quotas established for new suppliers. The authorized body will publish weekly information on the volumes 
of tariff rate quotas for which licenses were issued as well as on the volumes, which have not been 
allocated on the following web-sites: www.minp lan.gov.kz, www.comtorg.kz, www.trade.gov.kz. 
It should be noted that the draft Rules are cu rrently undergoing through the internal approval 
procedure among the concerned government agencies . Therefore, the draft Rules could be further 
amended based on the comments and proposals received from the government agencies. 
The draft Rules will also be shared with the interested WTO Members. 
3) The copy of the Method for allocation of tariff rate quotas among new suppliers is provided in 
Appendix 4 to this document. 
- Fees and Charges for Services Rendered Question 54 
Paragraph 316 of document WT/ACC/SPEC/K AZ/9/Rev.8 discusses Kazakhstan's 
customs fees.   
Does it need to be updated?  We understand that there is a fee of 15 tenges (US$0.10) 
charged by customs officials at the border for every kilogram of fruit or vegetables 
imported to Kazakhstan.  We further understan d that this charge must be paid for entry 
of the goods into Kazakhstan and that this is  not a tariff or customs processing charge.   
- Please identify in the text what sort of fee this is.  
- Please indicate if it is charged for all produce imported by truck into Kazakhstan, 
and what other products may be covered by it. 
Answer: 
Kazakhstan does not apply the fee of 15 tenges at the border for every kilogram of fruit or 
vegetables imported to Kazakhstan. In accord ance with Article 116 of the Customs Code of 
Kazakhstan, customs fees are levied only for customs clearance at the time of declaration of goods; customs escort of goods; and issuing prel iminary decisions as stated in paragraph 314 of 
the draft Working Party Report. Therefore, there are no other fees and charges applicable in 
Kazakhstan. 
- Application of Internal Taxes to Imports 
- Value Added Tax WT/ACC/KAZ/77 
 
- 39 - 
 
  Question 55 
Regarding paragraph 334 of document WT/ACC/ SPEC/KAZ/9/Rev.8:  Kazakhstan states 
that: 
It does not intend to "phase out" the discri mination, but rather to use any time provided 
in a transition to develop an alternative method of support, at which time, it will 
eliminate the measure; and  
It will introduce direct subsidies for agricult ural producers and processors to replace its 
discriminatory VAT exemptions for agricultur al producers and processors to compensate 
for the losses that agricultural produc ers and processors would incur from the 
elimination of the VAT preferences.   
Kazakhstan suggested that it would seek an increased level of AMS and distribute it as 
additional supports as compensation, pr esumably to the processors whose VAT 
exemption is eliminated.  
A Member has objected to this approach on two grounds:  
1. Kazakhstan's AMS calculation is base d on expenditures 2010-2012, which do not 
include adjustments for the potential elim ination of the VAT preferences which, 
presumably, would not be eliminated prior to 2017, at the earliest. Any additional 
payments to producers that are not able  to be categorized as "green box" 
programmes will have to come  from the AMS calculation approved in Kazakhstan's 
GATT Schedule of concessions; and  
2. AMS expenditures are supposed to be "p rovided for an agricultural product in 
favour of the producers", not processors.  
An exemption is provided for in Annex 3, po int 7, stating that "measures directed at 
agricultural processors shall be included to the extent that such measures benefit the 
producers of the basic agricultural products". 
We do not believe Kazakhstan's approach ca n meet that requirement, since Kazakhstan 
has indicated that over 97% of  its producers are too small to meet the VAT threshold in 
any case.  The subsidies would only benefit the processors.  
Regarding paragraph 334 of document WT/ACC/ SPEC/KAZ/9/Rev.8:  If, as indicated in 
the response to Question 27, Kazakhstan does not intend to "phase out" its discriminatory VAT application, it should amend the text. 
(Statement)  Any consideration of a transi tion will require a sp ecific proposal from 
Kazakhstan for the elimination of this practice incorporated in the text with a date certain, in brackets.  It has been well over  three years since this discrimination was 
identified and acknowledged by Kazakhstan.  As a consequence, we believe Kazakhstan 
should eliminate this programme from the date of accession.  
Answer: 
First, data on value of the VAT preferences that was included into the calculations of non-product-
specific support is the actual amount of the revenue foregone by the Government as a result of currently applied VAT exemptions. As the revenue foregone refers to indirect agricultural subsidy and taking into account that some Members asked Kazakhstan to reflect these subsidies in its 
supporting tables, the measure was included in the supporting tables on domestic support.  
Second, there are following three tax regimes that envisage VAT preferences for agricultural 
producers and processors: 1. special tax regime for peasant farms (payers of "single land tax"); 2. 
special tax regime for juridical persons – producers of agricultural products; 3. preferences for 
processors of agricultural primary products. WT/ACC/KAZ/77 
 
- 40 - 
 
  Since peasant farms are not registered as VAT paye rs, only VAT preferences under the last two tax 
regimes were taken into account when calculating the revenue forgone by the Government due to VAT exemptions. It should also be noted that th e revenue foregone under the second tax regime, 
which benefits agricultural producers, constitute s over 70% of the total volume of the revenue 
forgone by the Government due to VAT exemptions, while the revenue forgone under the third tax 
regime constitutes less than 30%.  
Third, the third tax regime provides for VAT preferences for those agricultural processors, who are 
involved in the production of primary agricultural products, such as: (i) production of meat and 
meat products; (ii) processing and canning of fruits and vegetables; (iii) production of vegetable and animal oils and fats; (iv) processing of milk and production of cheese; (v) production of flour and cereal industry products; (vi) production of ready fodder for animals; (vii) production of 
bread; (viii) production of baby foods and dietetic  nourishments; and (ix) production of starch and 
molasses.  
Taking into account that products listed above are agricultural products covered by Annex 1 to the 
Agreement on Agriculture, the VAT preferences under third tax regime are classified as measure 
that benefits the producers of the basic agricultural products . 
Fourth, Kazakhstan intends to provide direct subsidies to agricultural producers and processors, 
who currently benefit from VAT preferences. The VAT preferences for agricultural producers and 
processors, as indicated in paragraph 321, play an important role in addressing social challenges and ensuring food security. The elimination of these preferences can lead to serious negative 
consequences for Kazakhstan's agricultural se ctor. In order to mitigate these negative 
consequences, Kazakhstan requests a 3-year transitional period for elimination of VAT preferences.  
From a technical point of view, data on value of  VAT preferences was reported in the supporting 
tables on domestic support for transparency purposes only. It should be noted that Kazakhstan is 
ready not to include programme intended to compen sate for elimination of VAT preferences in the 
tables with the understanding that the amount under the programme in question would be taken 
into account when negotiating total AMS commitment level so that Kazakhstan would have 
flexibility to introduce direct subsidies in the future. 
Paragraph 334 of the DWPR will be amended to specify that Kazakhstan intends to eliminate VAT 
preferences upon expiration of  the transition period:    
In response, the representative of Kazakhstan stat ed that around 46% of Kazakhstan's population 
lived in rural areas and almost one third of the working population was engaged in agricultural 
production.  Along with this, over 93% of agricultural producers were households and small farms that lacked financial and technical resources.  Thus, existing VAT preferences for agricultural 
producers and processors played an important role in addressing social challenges and ensuring 
food safety, and as such formed an integral part of Kazakhstan's agricultural support system.  At the same time the Government of Kazakhstan planned to reform the VAT preference for 
agricultural producers and processors by introducing WTO compatible direct agricultural subsidy 
mechanism. In this regard, the transitional peri od until 1 January 2018 was required to eliminate 
the VAT preferences and develop a WTO compatible  direct agricultural subsidy mechanism.   
Question 56 
Regarding paragraph 322 of document WT /ACC/SPEC/KAZ/9/Rev.8 states that:  
"imports among CU Parties would be subject to excise and value-added taxes (VAT) and 
that exports among CU Parties would be exempt ed from excise taxes and (or) subject to 
VAT at a zero rate applied by the expo rting Party, provided that documentary 
confirmation of the fact of the export and payment of indirect taxes (VAT and excise 
taxes) to the budget of the importing CU Party was submitted to the exporting Party's 
tax authorities". 
- Please outline in the text (e.g., in the exci se tax section) the point of sale at which 
excise taxes are applied to domestic goods and to imports. WT/ACC/KAZ/77 
 
- 41 - 
 
  Answer: 
Excise taxes are applied to domestic goods upon their sale. In accordance with Article 282 of the 
Tax code, the date of sale is the date of unloading (transfer) of excisable goods to the recipient. Excise taxes on domestic goods, except for alco hol and tobacco products, shall be paid to the 
budget not later than 20th day of the month following the tax reporting period.    
For goods imported from the territory of other CU Parties, except for alcohol and tobacco products, 
excise taxes shall be paid not later than 20
th day of the month following the date of record of 
imported excisable goods.  
Excise taxes on goods imported from third countries, except for alcohol and tobacco products, 
shall be paid when goods are crossing the customs border.  
In case of alcohol (except for wine material and beer for which there is no requirement to apply 
excise stamps) and tobacco products, both imported  and domestic, excise taxes shall be paid prior 
to (3 days before) the receipt of excise  stamps from the tax authorities.    
This information will be added to the Excise tax section into paragraph 337.   
321.  The representative of Kazakhstan replied th at the taxable base for domestic goods for 
application of excise taxes was defined as the amount (volume or quantity) of excisable goods 
produced or sold in physical (measurement) units (Article 283 of the Tax Code).  The taxable base 
for imported excisable goods was defined as the volume or quantity of imported excisable goods in 
physical (measurement) units (Article 297 of the Tax Code).  In general, excise taxes were applied 
to domestic goods upon their sale. In accordance with Article 282 of the Tax Code, the date of sale 
was the date of unloading (transfer) of excisable goods to the recipient. Excise taxes on domestic 
goods, except for alcohol and tobacco products, had to be paid to the budget not later than 20th 
day of the month following the tax reporting period. For goods imported from the territory of other 
CU Parties, except for alcohol and tobacco products, excise taxes had to be paid not later than 
20th day of the month following the date of record  of imported excisable goods. Excise taxes on 
goods imported from third countries, except for alcohol and tobacco products, had to be paid when 
goods were crossing the customs border. In case of  alcohol (except for wine material and beer for 
which there was no requirement to apply excise stamps) and tobacco products, both imported and 
domestic, excise taxes had to be paid prior to (3 days before) the receipt of excise stamps from 
the tax authorities.  
- Quantitative Import Restrictions, incl uding Prohibitions, Quotas and Licensing 
Systems 
Question 57 Paragraph 341 of document:  Please confirm in the text that the NTBs listed in Annex 14 
are comprehensive, e.g., that Kazakhstan does  not have additional such restrictions in 
domestic law.  In addition, please en sure that Annex 14 is up to date.   
Answer: 
Paragraph 341 will be supplemented with the following text: "The non-tariff measures listed in Annex 14 we re comprehensive, and Kazakhstan did not have 
additional such restrictions in the national legislation."  
 (a) Quantitative Import Restrictions, including Prohibitions and Quotas  
Question 58 
According to the press service of Kazakhst an's Department of Customs Control, the 
schedule for the implementation of Euro-4  was modified by Governmental decree on 
6 February 2013, which establishes the introduction of environmental class Euro 4 for 
imported vehicles as of 1 July 2013, and bans import for vehicles older than 2005  with WT/ACC/KAZ/77 
 
- 42 - 
 
  Euro 3 and below class.  For vehicles produc ed domestically, environmental class Euro 4 
will be introduced on 1 January 2014.  
We understand that Euro-4 are standards for the acceptable limits for exhaust emissions 
(nitrogen oxides, total hydrocarbon, non-me thane hydrocarbons, carbon monoxide, and 
particulate matter) of vehicles  (cars, lorries, trains, tractors and similar machinery.)  
Compliance is determined by running the engi ne and performing a standardised test for 
the measurement of exhaust emissions for different engines or vehicles. 
Please explain how an emissions test would form the basis of a ban on the importation 
of vehicles older than 2005?  Are imported used vehicles tested, or are they simply 
banned based on their year of manufacture? 
Please clarify how used vehicles, e.g., those  older than 2005, already in Kazakhstan are 
tested. Will they also be banned? 
Answer: 
Kazakhstan consider that this question should be addressed under the section "Technical 
Regulations, International and National Standard s, and Conformity Assessm ent Procedures", since 
the concerned issue covers technical regulation. 
Please, find the answer in that section. 
Question 59 
We understand that in May 2013, Talat Musaba yev, head of Kazakhstan's Space Agency 
KazKosmos, announced that Kazakhstani Gary sh Sapary (KGS) space company and the 
Kazakhstani National Center for Space Research and Technologies had launched 
production of Personal Navigation Devices (P NDs) to be connected to the American GPS 
and Russian GLONASS (Global Navigation Sa tellite) global positioning systems.  
Production of the devices will be part of the existing national navigation infrastructure 
and future production and expansion of sy stem facilities was planned.  The same 
announcement indicated that, starting from 1 January 2017, all newly-produced and 
imported vehicles will be mandatorily equipped  with PNDs and emergency call devices 
connected to GLONASS in accordance with  Customs Union technical regulations. 
This announcement appears to indicate that imported used autos will have the system 
installed, but not existing used autos al ready in Kazakhstan on 1 January 2017.  
Please clarify. 
We understand that for personal vehicles, th e deadline for having this device installed 
for imports will be 1 January 2015.  Is that true? 
We fully support Kazakhstan's efforts to improve the environmental and safety 
performance of its vehicles, but we suspect th at the additional costs and restrictions will 
fall more heavily on imported vehicles than on domestic ones, since it appears that all 
imports must comply, new and used, but used vehicles already in Kazakhstan, including 
all domestically produced used vehicles, will not. 
We seek a clear commitment to nondiscrimin atory treatment of all vehicles, imported 
and domestically produced, with emphasis on how this will be accomplished with 
respect to imported used vehicles. 
Answer: 
Kazakhstan consider that this question should be addressed under the section "Technical 
Regulations, International and National Standard s, and Conformity Assessm ent Procedures", since 
the concerned issue covers technical regulation. Please, find the answer in that section.  WT/ACC/KAZ/77 
 
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  Question 60 
Paragraph 347 of document WT/ACC/SPEC/KAZ/9 /Rev.8 states that Kazakhstan would 
comply with Article 4.2 of the WTO Agreement on Agriculture and that no import restrictions under Article XI:2(c) of the GATT 1994 were applied under the national 
legislation of Kazakhstan or CU Commission De cisions. She further stated that, from the 
date of accession, Kazakhstan would comply with Article 4.2 of the WTO Agreement on 
Agriculture.  The response to Question  2 9  o f  W T / A C C / K A Z / 7 5  states that:  "In 
accordance with Article 2 of the Treaty on Functioning of the Customs Union in the 
Framework of the Multilateral Trading System, CU Parties are required to adopt measures to align the CU legal framew ork with the WTO Agreements, including 
commitments undertaken upon accession by th e CU Parties.  Meanwhile, provisions of 
the WTO Agreements shall prevail over the corresponding CU Agreements and Decisions. 
Pursuant to the Decision No. 21 of the Supreme Eurasian Economic Council "On 
Realization of Basic Directions of Integratio n" of 19 December 2012, the CU Parties are 
in the process of codification of CU treaties and regulations, including the Agreement on 
Non-Tariff Regulation.  Releva nt amendments, aimed at br inging CU legal framework 
with Kazakhstan's WTO commitments, will be incorporated into the draft codified 
document by 1 May 2014". 
Based on these statements, we seek confir mation in the text of the Working Party 
Report reflecting the information in the response to Question 29 and that Customs Union legislation will be amended  to remove the obsolete reference to Article XI:2(c) of the 
GATT 1994 and establish explicitly the applicat ion of Article 4.2 of the WTO Agreement 
on Agriculture.  
Answer: 
Paragraph 347 will be supplemented, as follows: 347. Referring to the statement of the representative of Kazakhstan in the preceding paragraph, a 
Member enquired whether any import restrictions under Article XI:2(c) of the GATT 1994 had been 
or were being applied.  This Member requested Kazakhstan to enter a commitment to comply with 
Article 4.2 of the WTO Agreement on Agriculture, which had superseded Article XI:2(c) of the GATT 1994, as from the date of its accession  and to remove any measures that could be 
inconsistent with that Article.  In response, the representative of Kazakhstan said no import 
restrictions under Article XI:2(c) of the GATT 1994 were applied under the national legislation of 
Kazakhstan or CU Commission Decisions.  She further stated that, from the date of accession, Kazakhstan would comply with Article 4.2 of the WTO Agreement on Agriculture and, most 
specifically, the relevant amendment would be in troduced into the CU Agreement on Non-Tariff 
Regulation by the date of Kazakhstan's accession to the WTO.  
Question 61 
Regarding paragraph 361 of document WT/ACC/ SPEC/KAZ/9/Rev.8:  Please indicate if 
there are any exclusive licenses applied or being considered. 
Answer: 
As stated in paragraph 361, exclusive licenses are not applied in Kazakhstan. Furthermore, 
Kazakhstan does not plan to introduce exclusive licenses.  
Question 62 Regarding paragraph 387 of document WT/ACC/SPEC/KAZ/9/Rev.8:  Please add to the 
end of paragraph 387 the information from the response to Question 70 of 
WT/ACC/KAZ/72 and the response to Ques tion 29 of WT/A CC/KAZ/75 on the 
amendment to the CU Regulation "On the Orde r of Entry into the Customs Territory of 
the Customs Union and Removal of the Cust oms Territory of the Customs Union of 
Encryption (Cryptographic) Means as follows: WT/ACC/KAZ/77 
 
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  387. ... Cryptographic) Means.  The representa tive of Kazakhstan stated that this CU 
regulation was in the process of amendmen t, to ensure the incorporation of the 
definition of "mass market goods", as define d in Annex 15(c) of th is Report, seeking to 
ensure that mass market goods containing encryption technology would not normally 
require a licence.  This Amendment is in th e final stage of approval between the CU 
Parties, and is planned to be enacted in mid-2013.  The Amendment is in Kazakhstan's 
Legislative Action Plan. 
Answer: 
The following information will be added in paragraph 387 of the draft Working Party Report: 
387.The representative of Kazakhstan explained th at, prior to 1 January 2010, the importation of 
goods containing encryption technology had only been subject to an activity licence; pursuant to 
the Resolution of the Government of Kazakhst an No. 1160 "On Approval of Licensing Rules and 
Qualification Requirements for Activity in the Sphere of Development and Sale (including other Transfer) of Devices for Cryptographic Protection of Information" of 30 November 2007, no import 
licence had been required.  Following the format ion of the Customs Union on 1 January 2010, the 
importation of goods containing encryption tec hnology was regulated by the CU Agreements and 
Decisions listed in the first paragraph of this section, and by the CU Regulation "On the Order of 
Entry into the Customs Territory of the Customs Union and Removal of the Customs Territory of 
the Customs Union of Encryption (Cryptograph ic) Means" (hereinafter: the CU Encryption 
Regulation). She further stated that the CU En cryption Regulation had been amended by the 
Decision of the Collegium of the EEC No.103 "On Amendments to the Regulations on the 
Application of Restrictions" of  14 May 2013 with the purpose to include the definition of "mass 
market goods" as defined in Annex 15 (c) of this Report.  
Question 63 
Regarding paragraph 401 of document WT/ACC/SPEC/KAZ/9/Rev.8:  Please add 
information from the response to Question 31 of WT/ACC/KAZ/75 to this text as follows:  
400. ... In response to a question from a Member, the representative of Kazakhstan 
explained that the importation of STDs (Sec tion 2.17 of the Common List) was regulated 
by the CU Agreements and Decisions listed in the first paragraph of this section, 
including the List of Goods Subject to Ba ns and Restrictions on Importation and 
Exportation by Parties of the Customs Unio n of the Eurasian Economic Community in 
Trade with Third Countries, approved by th e Decision No. 134 of Commission Collegium 
"On Normative Legal Acts in the Area of No n-tariff Regulation" of 16 August 2012 and in 
particular ... ". 
Answer: 
Kazakhstan considers that it is redundant to add the Common List in paragraph 401, since the List 
of Goods Subject to Bans and Restrictions on Importation and Exportation by Parties of the 
Customs Union of the Eurasian Economic Community in Trade with Third Countries, approved by the Decision No. 134 of Commission Collegium "On Normative Legal Acts in the Area of Non-tariff Regulation" of 16 August 2012 is already mentioned in the first paragraph of this section 
(paragraph 341).  
- Rules of Origin Question 64 
How do exporters of a Member prove to the customs department of Kazakhstan that the 
exported products have the origin of this Member or of other WTO Members in order to 
benefit from MFN rate? 
Could exporters of this Member use non-preferen tial certificates of origin, issued by the 
government of this Member or the agencies  authorised by the government of this 
Member, as the evidence? WT/ACC/KAZ/77 
 
- 45 - 
 
  In case exporters of a Member are requested to submit the certificates of the origin, 
could they submit non-preferenti al certificates of origin as the required document?  Or 
they have to submit other documents as the certification of the origin? Please specify. 
Answer: 
As stated in paragraph 412 of the draft Working Party Report of Kazakhstan, Article 59 of the CU 
Customs Code established that the country of or igin of goods could be certified by either a 
declaration of origin or a certificate of origin. Thus, exporters could use non-preferential certificate 
of origin, issued by their government or the agencies authorized by their government, as the 
evidence. 
As an alternative, exporters may submit a declaration of origin of goods or a preliminary decision 
on the origin of goods issued by the customs body of Kazakhstan.  
- Anti-dumping, Countervailing Duty and Safeguard Regimes 
Question 65 Regarding paragraph 450 of document WT/ACC/ SPEC/KAZ/9/Rev.8:  Please reflect in 
this paragraph the information in the response to Question 37 of WT/ACC/KAZ/75 that 
Kazakhstan is in the process of revision  of the following national legal acts:  
Law No. 337-1 of "On Safeguard Measures fo r Domestic Market upon Importation of 
Goods" of 28 December 1998, Law No. 421-1 "On Anti-Dumping Measures" of 
13 July 1999 and Law No. 441-1 "On Subsidies and Countervailing Measures" of 16 July 1999 with the purpose of bringing it into conformity with the CU Agreement of 
25 January 2008 and the relevant WTO Agreements. 
Answer: 
Kazakhstan will incorporate the required informat ion into the next revision of the Draft Working 
Party Report.  
450.  The representative of Kazakhstan noted that the application of anti-dumping, countervailing 
and safeguard measures was regulated by the following legal acts:  (i) the Agreement of 25 January 2008 on Application of Safeguard, An ti-dumping and Countervailing Measures to the 
Third Countries between the Republic of Bela rus, the Republic of Kazakhstan and the 
Russian Federation (hereinafter – the Agreement of 25 January 2008) as amended by the Protocol 
of 18 October 2011 on Amendments and Addenda to  the Agreement of 25 January 2008; (ii) the 
Decision of the Interstate Council of EurAsEC No. 37 "On Entering into Force of the Agreement of 
25 January 2008 on Application of Safeguard, An ti-dumping and Countervailing Measures to the 
Third Countries" of 21 May 2010; (iii) the Decision of the Board of the Eurasian Economic Commission No. 1 of 7 March 2012; (iv) the Decision of the Commission of the Customs Union 
No. 339 "On Application of Safeguard, Anti-dumping and Countervailing Measures on the Common 
Customs Territory of the Customs Union within the framework of EurAsEC" of 17 August 2010; (v) the Decision of the Interstate Council of EurAsEC No. 59 "On International Treaties in the Field 
of Application of Safeguard, Anti-dumping and Co untervailing Measures in the Customs Union" of 
19 November 2010; (vi) the Protocol on the Order on Submission to Authority Conducting the Investigation the Information including Confidential Information for the Purposes of Safeguards, Anti-dumping and Countervailing Investigations, signed on 19 November 2010; as well as the 
following national legislation:  Law No. 421- 1 "On Anti-Dumping Measures" of 13 July 1999; 
Law No. 441-1 "On Subsidies and Countervailing Measures" of 16 July 1999, as amended by Law No. 114-III "On Amendments and Addenda to Legislative Acts of the Republic of Kazakhstan 
on Subsidies, Countervailing and Anti-dumping Measures" of 9 January 2006; Law No. 337-1 of 
"On Safeguard Measures for Domestic Market upon Importation of Goods" of 28 December 1998, as amended by Law No. 53-III of "On Amendments and Addenda to the Law 'On Safeguard 
Measures for Domestic Market upon Importation of  Goods'" of 16 June 2005; and Resolution of the 
Government of Kazakhstan No. 1374 "On Approval of the Rules for Conducting Investigations prior to Introduction of Safeguard, Countervailing and Anti-Dumping Measures" of 9 September 2000 
(hereinafter – the "Rules for Conducting Investigations"). She stated that Kazakhstan was in the 
process of revision of the Law No. 337-1 of "On Safeguard Measures for Domestic Market upon WT/ACC/KAZ/77 
 
- 46 - 
 
  Importation of Goods" of 28 December 1998, the Law No. 421-1 "On Anti-Dumping Measures" of 
13 July 1999 and the Law No. 441-1 "On Subsidies and Countervailing Measures" of 16 July 1999 
with the purpose to bring them into conformity with the CU Agreement of 25 January 2008 and the 
relevant WTO Agreements. 
Question 66 
Regarding paragraph 451 of document WT/ACC/ SPEC/KAZ/9/Rev.8:  What is the status 
of the "transition period" referred to in this  paragraph?  Please include this information 
in the text of the Working Party Report. 
Answer: 
The term "transitional period" refers to the period  that was necessary for the review of existing 
national measures in force in the territor y of Member States of the Customs Union  
The transitional period, which ended on 1 August  2012, also allowed national governments of the 
CU Member-States to proceed with delegation of the authority to conduct investigations and introduce trade remedy measures from national bodies to the supranational body –the Eurasian 
Economic Commission. 
Kazakhstan will incorporate this information into the next revision of the Draft Working Party 
Report.  
453bis. In response to the question of a Member, on the status of the "transitional period", the 
representative of Kazakhstan stated that the term "transitional period" referred to the period that was necessary for the review of existing national measures in force in the territory of Member States of the Customs Union. The transitional pe riod, which ended on 1 August 2012, also allowed 
national governments of the CU Member-States to  proceed with delegation of the authority to 
conduct investigations and introduce trade remedy measures from national bodies to the supranational body –the Eurasian Economic Commission. 
Question 67 
A Member proposes the following draft commitm ent language be inserted into the Draft 
Working Report, chapter "Anti-dumping, Co untervailing Duty and Safeguard Regimes": 
A Member expresses concern about applicat ion of safeguard measures to certain 
products by the Republic of Kazakhstan an d considers that maintaining such measures 
contradicts the existing Law of the Republic of Kazakhstan No. 337-1 of 
28 December 1998 "On Measures to Protec t the Domestic Market from Imports", 
Article 13a of the Free Trade Agreement of 15 April 1994 as amended on 2 April 1999 
and provisions of the Agreement on Safeguards. 
["The representative of Kazakhstan confirme d that the Resolution of the Government of 
Kazakhstan No. 1055 of 14 September 2011 'On Introduction of Safeguard Measures to 
Import of Certain Kinds of Co nfectionary Products' would be revoked before accession to 
the WTO.  The Working Party took note of this commitment."]   
Answer: 
The safeguard measure on chocolates was introduced by the Resolution of the Government of the 
Republic of Kazakhstan No. 1055 of 14 September 2011 for a period of three years and expires on 
24 September 2014. The measure is being applied by  Kazakhstan on the basis of the investigation 
carried out in compliance with the national and the CU legislation, which is in line with the WTO 
norms. In the course of this investigation the increased imports of chocolates were detected to 
cause a serious injury to the domestic industry. In this regard, all the necessary procedures during 
the investigation period were carried out to introduce the safeguard measure on chocolates with a 
view to offset the injury of the domestic industry. 
Kazakhstan is ready to incorporate the proposed commitment text into the relevant section of the 
draft Working Party Report as follows: WT/ACC/KAZ/77 
 
- 47 - 
 
  480bis. [A Member expressed concern about the application of safeguard measures to certain 
products by the Republic of Kazakhstan and considered that maintaining such measures 
contradicted the existing Law of the Republic of Kazakhstan No. 337-1 " On Safeguard Measures 
for Domestic Market upon Importation of Goods" of 28 December 1998, Article 13a of the Free 
Trade Agreement of 15 April 1994 as amended on 2 April 1999 and provisions of the Agreement 
on Safeguards. The representative of Kazakhstan confirmed that the Resolution of the Government 
of Kazakhstan No. 1055 "On Introduction of Safeguard Measures to Import of Certain Kinds of 
Confectionary Products" of 14 September 2011 would be revoked by the date of Kazakhstan’s 
accession to the WTO.  The Working Party took note of this commitment.]  
Question 68 A Member proposes the following draft commitm ent language be inserted into the Draft 
Working Report, chapter "Anti-dumping, Co untervailing Duty and Safeguard Regimes": 
A Member also expresses concern about the pr inciple applied to the expedited reviews 
that led to the extension of the measures ap plied by the CU.  As the review established 
that producers in the CU accounting for not less than 25% of total production in the CU 
supported the measure, this measure was extended in the CU.  
Since such an application of measures does not meet the requirements of the Agreement 
on Safeguards ["The representative of Kaza khstan confirmed the measures applied on 
the territory of the Republic of Kazakhst an after such expedited reviews would be 
brought in full conformity with the Agreemen t on Safeguards.  The Working Party took 
note of this commitment."]   
Answer: 
The increased imports and existence of injuries wa s proved in the course of investigations that 
were carried out at the national level. The domestic industry criteria of 25% constitute a 
substantial part of the CU production in the understanding of the CU Agreement of 
25 January 2008. Hence, the application of such measures does not contradict the requirements of the WTO Agreement on Safeguards. 
 
In addition, according to Article 2 of the CU Agreement "On Application of Safeguard, 
Anti-dumping and Countervailing Measures to the Third Countries between the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation in the Transitional Period" of 
19 November 2010, after the application of the anti-dumping, safeguard or countervailing 
measures interested parties may request a sunset review of the measure in accordance with the Agreement of 25 January 2008.  
  
Taking into account that the measures applied on the territory of the Customs Union on the basis of the expedited reviews do not contradict to the WTO rules, Kazakhstan is not ready to accept the 
proposed commitment. Considering that the deci sions to apply the measures after expedited 
reviews were taken by the Eurasian Economic Commission, in case a Member has concerns regarding the measures applied within the fram ework of the CU, this Member could request 
initiation of sunset reviews of the concerned meas ures by the Eurasian Economic Commission.    
B. EXPORT REGULATIONS 
- Customs Tariffs, Fees and Charges for Serv ices Rendered, Application of Internal 
Taxes to Exports 
Question 69 
Kazakhstan is kindly requested to amend th e following paragraphs of the draft Working 
Party Report as follows:   
483.  She added that within the framewor k of the CU formation, the CU parties 
elaborated the Agreement of 25 January 2008 "On Export Duties with regard to Third 
Countries" (hereinafter – the CU Agreement on  Export Duties) and agreed that it would WT/ACC/KAZ/77 
 
- 48 - 
 
  form the legal basis for levying export duties  on goods exported from the CU Parties to 
third countries after it entered into force, which was not yet the case.  The CU Agreement on export duties was a framework agreement which established general terms on which export duties within the CU had to be applied.  However, it did not 
provide unified regulations and unified rate s of export duties.  Thus, upon the CU 
establishment on 1 January 2010, export duti es remained subject to regulation at the 
national level.  Article 1 of the CU Agreem ent on Export duties called for the eventual 
development of a Common List of Goods Subjec t to Export Duties (CU Common List), to 
be established by the CU Parties within 60 days of its entry into force.  Accordingly, each 
CU Party was in the process of developing a list of goods subject to export duties with 
the rates of the duties established according to the national legislation.  Once 
developed, the list would be submitted to th e EEC.  The EEC on the basis of information 
provided by the CU parties would create the CU Common List.  She also added that 
pursuant to Article 3 of the Agreement, if a product made on the territory of a Party 
levying export duties on this product was ex ported to a third country from the territory 
of another Party that was not levying export  duties on this product or was applying 
lower rates, such Party had to ensure that export duties were:  (i) levied at the rates 
applied by the producing Party; and (ii) incl uded into the Common List of Goods Subject 
to Export Duties.  As regards the common CU po licy to be further developed in this field, 
Members observed and Kazakhstan acknowledged that the WTO commitments 
undertaken by each of the CU parties defi ne the ceilings for setting common export 
duties of the CU. 
493.  [The representative of Kazakhstan co nfirmed that Kazakhstan would implement, 
from the date of accession, its tariff conc essions and commitments contained in Part V 
of the Schedule of Concessions and Commitmen ts on Goods of Kazakhstan.  Accordingly, 
products described in Part V of that Schedule  would, subject to the terms, conditions or 
qualifications set-forth in that Part of the Schedule, be exempt from export duties in 
excess of those set-forth and provided therein,  except as justified by the relevant WTO 
Agreements, including Articles XX and XXI of the GATT 1994.  The representative of Kazakhstan further confirmed that Kazakhst an would not apply other measures having 
an equivalent effect to export duties on those products.  She confirmed that, from the 
date of accession, Kazakhstan would apply export duties in conformity with the 
WTO Agreement, including with Article I of th e GATT 1994.  Accordingly, with respect to 
export duties and charges of any kind impo sed on, or in connection with exportation, 
any advantage, favour, privilege or immuni ty granted by Kazakhstan to any product 
destined for any other country shall be acco rded immediately and unconditionally to the 
like product destined for the territories of all other WTO Members.   Kazakhstan shall 
notify to the WTO any changes of its duties, taxes, fees and charges applied to exports 
on the day of their publication and in any case at least 30 days before any such changes 
enter into force, providing all relevant information and motivation.  The representative 
of Kazakhstan confirmed that Kazakhstan woul d, from the date of accession to the WTO, 
administer export tariff rate quotas (TRQs) in a manner that is consistent with the 
WTO Agreement and in particular the GATT 1994 and the WTO Agreement on Import Licensing Procedures.  The Working Part y took note of these commitments.] 
Answer: 
Paragraph 483: 
Kazakhstan is not ready to undertake the commitmen t text proposed by this Member in the Export 
Regulations chapter of the Draft Working Party Report due to the following reasons:   
- Because of the differences in the production base of goods subject to applied export duties 
in Kazakhstan and other CU members as well as differences in objectives of industrial development policies  pursued through applic ation of export duties, and the terms of 
transportation to the world markets, the CU me mbers do not plan to unify its export duty 
application policies in the foreseeable future; 
- The proposed commitment text does not apply only to Kazakhstan, but to other CU 
members as well, therefore, Kazakhstan is not authorized by other CU members to 
undertake commitments in the export duty regulation sphere on their behalf.  WT/ACC/KAZ/77 
 
- 49 - 
 
  Paragraph 493: 
Kazakhstan will introduce the proposed amendments as follows: 493. [The representative of Kazakhstan confirmed that Kazakhstan would implement, from the 
date of accession, its tariff concessions and commitments contained in Part V of the Schedule of 
Concessions and Commitments on Goods of Kazakhstan.  Accordingly, products described in Part V 
of that Schedule would, subject to the terms, conditions or qualifications set-forth in that Part of the Schedule, be exempt from export duties in excess of those set-forth and provided therein, 
except as justified by the relevant WTO Agreements, including Articles XX and XXI of the 
GATT 1994.  The representative of Kazakhstan fu rther confirmed that Kazakhstan would not apply 
other measures having an equivalent effect to export duties on those products.  She confirmed 
that, from the date of accession, Kazakhstan would apply export duties in conformity with the 
WTO Agreement, including with Article I of the GATT 1994.  Accordingly, with respect to export 
duties and charges of any kind imposed on, or in connection with exportation, any advantage, favour, privilege or immunity granted by Kazakhstan to any product destined for any other country 
shall be accorded immediately and unconditionally to the like product destined for the territories of 
all other WTO Members. Kazakhstan shall notify to  the WTO any changes of its duties, taxes, fees 
and charges applied to exports upon expiration of  30 calendar days from the date of their entry 
into force. The representative of Kazakhstan conf irmed that Kazakhstan would, from the date of 
accession to the WTO, administer export tariff rate quotas (TRQs) in a manner that is consistent 
with the WTO Agreement and in particular th e GATT 1994 and the WTO Agreement on Import 
Licensing Procedures.  The Working Party took note of these commitments.] 
C. INTERNAL POLICIES AFFECT ING FOREIGN TRADE IN GOODS 
- Industrial Policy, including Subsidies Question 70 
We continue to have concerns that certain programs appear to constitute prohibited 
export subsidies.  A recent WTO Appellate Body Report stated that a programme is a 
prohibited export subsidy if it is "geared to induce the promotion of future export 
performance by the recipient." 
The central focus of one of the programmes  described in the Working Party Report - 
Government Resolution No. 1017 - is to increase  exports, and therefore, would appear to 
be "geared to induce" future exports.  Any subsidies provided under the programme 
would thus appear to be inconsiste nt with the Subsidies Agreement. 
It appears that Government Resolution No. 1017 subsidizes a very broad range of 
activities - trade fairs, branding, setting up  sales offices in export markets, training 
export managers, etc. 
Because the central focus and purpose of th e Resolution is to promote exports, any 
subsidies provided under the Resolution are lik ely prohibited.  It also appears that under 
the Resolution, at least some applicants must  detail actual export contracts into which 
they have entered.  Thus, contrary to statements in the Working Party Report, there 
appears to be a requirement to demonstrate ex ports in order to qualify for some of the 
subsidies under the programme.   
We recognize that Members often have programs  that help companies attend trade fairs.  
However, Resolution No. 1017 appears to go wa y beyond trade fair assistance.  Because 
of the strict rules against export subsidies,  it is difficult to ignore all the various 
subsidies clearly "geared to induce" exports under the Resolution. 
We seek Kazakhstan's review of this legislation and amendment to remove the 
problematic aspects of the legislation. WT/ACC/KAZ/77 
 
- 50 - 
 
  Answer: 
Export promotion subsidies envisaged in Government Resolution No. 1017 have been developed 
based on an international experience, including the experience of WTO founding members. Many WTO Members have export promotion programs that have the same objectives and envisage 
essentially the same mechanisms and eligibility criteria as Kazakhstan's programme. In particular, 
these programs also provide for reimbursement of such export promotion expenses as advertising costs, training of specialists, certification of products, participation in trade fairs, development of 
web-sites, production of brochures, translations services, maintenance of overseas representatives 
and etc.  
Kazakhstan believes that reimbursement of expo rt promotion expenses does not fall under the 
category of prohibited export subsidies.  Articl e 3.1 (a) of the SCM Agreement prohibits subsidies 
contingent, in law or in fact, whether solely or as one of several other conditions, upon export 
performance, including those illustrated in Annex I. 
It should also be noted that footnote 4 in Arti cle 3 of the SCM Agreement states that "the mere 
fact that a subsidy is granted to enterprises which export shall not for that reason alone be 
considered to be an export subsidy within the meaning of this provision". 
Under the programme, subsidy is provided to industrial companies for promoting their products 
and services abroad. In order to be eligible to  receive reimbursement a company has to carry out 
one of the listed export promotion activities for products included into the List annexed to the Resolution No. 1017. The aim of the subsidy is to promote Kazakhstan's products in global markets. At the same time there is no requirement for these companies to export certain amount 
of their products. The decision on reimbursement of export promotion expenses is not linked to 
export performance. Thus, the requirement to submit copies of export contracts is nominal and can be removed by amending the Government Resolution No 1017.  
Question 71 
Another programme described in the Wo rking Party Report - Business Map 2020 - 
establishes a specific target to increase expo rts, outside of the oil sector.  Given this 
explicit target, it appears that the programme  is "geared to induce" future exports and 
therefore, may also raise issues under Ar ticle 3 of the Subsidies Agreement.   
it appears clear to us that the success of th e programme will be judged according to the 
degree to which it increases exports.  
In particular, we note the export target of  increasing exports outside of the non-oil 
sector and what appears to be reporting requ irements as to the progress being made on 
increasing exports.  
We seek Kazakhstan's review of this legislation and amendment to remove the 
problematic aspects of the legislation. 
Answer: 
The Programme Business Road Map 2020 was established to address the negative impacts of the 
world financial and economic crisis. The measures provided in the programme are primarily aimed at maintaining the existing and creating new jobs , providing sustainable and balanced growth of 
regional entrepreneurship in the non-primary sectors of economy. 
Targets for increasing exports, outside the oil sector, established in the Programme Business Road 
Map 2020 are general targets set for the implemen tation of the programme. The programme does 
not contain the reporting requirements on the progress made in increasing exports.  
These targets are not used for making decision on provision of subsidies envisaged in the 
programme, i.e. they are not used as eligibility criteria for providing the subsidies. Thus, subsidies under the Programme are not contingent upon export performance and can not be considered as 
prohibited export subsidies. WT/ACC/KAZ/77 
 
- 51 - 
 
  Kazakhstan is ready to amend the Programme by eliminating the targets to increase exports in 
order to avoid misunderstanding and remove problematic aspects of the legislation.  
- Technical Barriers to Trade, Standards and Certification Question 72 
Paragraph 539 of document WT/ACC/SPEC/KAZ /9/Rev.8 states that:  "However, CU 
Commission Decision No. 620 still provided for the possibility of using a certificate of 
conformity for such goods based on the CU common form.  In Kazakhstan, a declaration 
of conformity for goods manufactured outsid e of Kazakhstan could be done under Law 
No. 603 "On Technical Regulation" of 9 Nove mber 2004 (hereafter - Law "On Technical 
Regulation"). 
Please include the information in the resp onse to Question 44 of WT/ACC/KAZ/75 in 
this paragraph, i.e., that Amendments into Decision No. 620 provided for a possibility for 
foreign manufacturers located outside the CU territory to demonstrate the conformity of 
products imported into the CU territory throug h the use of declaration of conformity of a 
common CU form.  This amendment did not affect the possibility for foreign 
manufactures to issue declaration of conformity  in accordance with national legislation 
of the CU Parties (i.e. in Kazakhstan - in accordance with the Law No. 603 "On Technical 
Regulation").  Currently, in accordance with  Decision No. 620, depending on where the 
product is going to be circulated – in Kaza khstan or the CU, at the applicants choice, 
conformity of goods produced by foreign ma nufacturers located outside the CU territory 
could be demonstrated either through the us e of declaration of conformity of the CU 
common form, or declaration of conformity in accordance with the national legislation of 
the CU Party. 
Answer: 
The information in the response to question 44 of WT/ACC/KAZ/75 has been added to the 
paragraph 541bis: 
541bis. The representative of Kazakhstan clarif ied that the amendments into Decision No. 620, 
which provided for a possibility for foreign manufacturers located outside the CU territory to 
demonstrate the conformity of products imported into the CU territory through the use of declaration of conformity of a common CU form, did not affect the possibility for foreign manufactures to issue declaration of conformity in accordance with national legislation of the 
CU Parties (i.e. in Kazakhstan - in accordance with the Law No. 603 "On Technical Regulation").  
Currently, in accordance with Decision No. 620, depending on where the product was going to be circulated – in Kazakhstan or the CU, at the appl icants choice, conformity of goods produced by 
foreign manufacturers located outside the CU territory could be demonstrated either through the 
use of declaration of conformity of the CU common form, or declaration of conformity in accordance with the national legislation of the CU Party. 
Question 73 
General Comment:  We note that  EEC launched its new website: 
www.eurasiancommission.org.  Kazakhstan conf irmed that new website will replace old 
www.tsouz.ru.  Can Kazakhstan update the links referencing new website?  
Answer: 
The links have been updated in the text, in particular, in paragraphs 565 and 619. 
Question 74 
According to EEC Collegium Decision No. 226. " On the Repeal of Some Decisions of the 
Customs Union Commission Regarding Declaratio ns of Conformity of Products with the 
Mandatory Requirements in the Framework of the Customs Union, Executed According to 
a Uniform Form", goods that are subject to mandat ory assessment (confirmation) of WT/ACC/KAZ/77 
 
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  conformity in the CU can be accompanied by  either a certificate of compliance or a 
declaration of conformity per applicant's choice.  Previously, it was possible to 
accompany such goods with both a certificat e and a declaration.  The decision also 
extended the "either a certificate or a decl aration" rule to imported goods, which 
previously could only be accompanied by a certificate of conformity.   
We ask Kazakhstan to update sections of the Working Party Report where it references 
the requirement for both.  For example:  
Paragraph 545 (new paragraph):  In accordance with the Explanatory Notes to the 
Unified List approved by CU Commission Deci sion No. 620, for products included in the 
list, at the applicant's choice, certificates of conformity and declaratio ns of conformity of 
a common CU form, or certificates of confor mity and declaration of conformity issued 
according to the national legislation of the CU  Parties, could be used.  Products included 
into the Unified List approved by CU Commission Decision No. 620 could move freely within the entire CU territory if they ha d undergone conformity assessment procedures 
in one of the CU Parties and the following conditions were met. 
Answer: 
In accordance with CU Commission Decision No. 620, as amended by EEC Collegium Decision 
No. 622, applicants have an opportunity to choose between the conformity confirmations 
documents (declaration of conformity/certificate of conformity) of a common form or conformity 
confirmation documents issued in accordance with national legislation of the CU Member-states. However, the form of conformity assessment that  can be used for a particular product, i.e. 
whether it shall be declaration of conformity or certification, is established in the Unified List 
approved by CU Commission Decision No. 620 (hereinafter – the Unified List) and it is not per applicant's choice. In particular, in the Unified List for each product there is reference indicating 
what form of the conformity assessment procedures shall be used: 1 – certification; 2- declaration 
of conformity based on evidence acquired with the third party participation; 3 – declaration of conformity based on applicant's own evidences.  Conformity assessment form for each product 
was establsihed based on the level of risk that a particular product posed to human life and health. 
The following amendments have been made in paragraph 545: "In accordance with the Explanatory Notes to the Unified List approved by CU Commission Decision 
No. 620, for products included in the list, at the a pplicant's choice, certificates of conformity and or 
declarations of conformity of a common CU form, or certificates of conformity and or declaration of 
conformity issued according to the national legislat ion of the CU Parties, could be used.  Products 
included into the Unified List approved by CU Commission Decision No. 620 could move freely 
within the entire CU territory if they had under gone conformity assessment procedures in one of 
the CU Parties... She further clarified that in accordance with CU Commission Decision No. 620, as 
amended by EEC Collegium Decision No. 622, app licants had an opportunity to choose between 
the conformity confirmations documents of a common CU form or conformity confirmation 
documents issued in accordance with the legislation of the CU Member-states. However, the form 
of conformity assessment that could be used for a particular product, i.e. whether it had to be 
declaration of conformity or certification, was established in the Unified List approved by CU 
Commission Decision No. 620 (hereinafter – the Unified List) and it was not per applicant's choice. 
In particular, in the Unified List for each product there was reference indicating what form of the 
conformity assessment procedures had to be used: 1 – certification; 2- declaration of conformity 
based on evidence acquired with the third party pa rticipation; 3 – declaration of conformity based 
on applicant's own evidences.  Conformity assessment form for each product was established 
based on the level of risk that a particular product posed to human life and health." 
Question 75 
Regarding paragraph 557 of document WT/ACC/SPEC/KAZ/9/Rev.8:  Kazakhstan 
details the process to develop technical regu lations. The Working Party Report indicates 
that Member-states develop a first draft of a te chnical regulation and then it is passed to 
the CU Bodies for harmonization and review.  Once the draft passes this stage it goes to 
the CU Consultative Committee for review and to a public consultation process.  It then WT/ACC/KAZ/77 
 
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  goes to the Eurasian Economic Commission for adoption.  At what point would 
Kazakhstan notify the draft technical regulation to the WTO?  When the draft is with the Consultative Committee public consultation process or at a later stage in development?  Kazakhstan is kindly requested to detail when it will notify draft regulations to the WTO 
and how it will take the comments into acco unt in the process to develop technical 
regulations. 
Answer: 
Kazakhstan will notify draft technical regulation to the WTO approximately at the same time when 
it is published for public consultation by the EEC. This will allow to synchronize the process of receiving comments through both mechanisms. As indicated in paragraph 616 of the draft WPR, all comments received from third countries will be sent by the CU members to the EEC.  The EEC is 
responsible for processing all the comments, publishing them on the official website of the 
Commission and forwarding them to developer of the draft technical regulations (relevant 
competent authority of the CU Party).  Further, as described in paragraph 567, the Developer of 
the draft technical regulation within 30 working days from the date it received consolidated 
comments from the EEC, revises the draft technical regulation and the related documents taking into account comments and proposals received during the public consultations.  The revised draft 
technical regulation, the protocol of the meetin gs of the working group, and the consolidated 
comments are sent to the EEC. 
Question 76 Regarding paragraph 565 of document WT/ACC/SPEC/KAZ/9/Rev.8:  The section 
details which entities will receive a draft notifi cation to alert the public to a consultation 
period.  Kazakhstan is kindly requested to in dicate that its Enquiry Point will notify the 
WTO of a draft technical regulation that wo uld affect international trade at the same 
time it is delivered to the other entities. 
Answer: 
The following sentence will be added into paragraph 565: 
"The Enquiry Point would notify the WTO of a draft technical regulation that would 
affect international trade approximately at the same time it is published for public consultations." 
565. The notification on the draft technical regulati on was published on the official website of the 
Eurasian Economic Commission Customs Union 
(http://www.eurasiancommission.org /ru/act/texnreg/de ptexreg/tr/Pages/projectsPublic.aspx  
http://www.tsouz.ru/db/techregl am/Pages/Publichnoeob s.aspx), the Committee for Technical 
Regulation and Metrology of the Ministry of Indu stry and New Technologies of the Republic of 
Kazakhstan (www.memst.kz), the TBT/SPS Enquiry Point (www.wto.memst.kz), as well as in the 
official publication "Bulletin of the Enquiry Point on TBT/SPS". The Enquiry Point would notify the 
WTO on a draft technical regulation that would affect international trade approximately at the 
same time when it was published for public consultations. This would allow to synchronize the 
process of receiving comments through both mechanisms. The representative of Kazakhstan also 
clarified that in cases when the deadline establis hed in the notification to the WTO exceeded the 
public consultation period, CU Parties would still continue to consider comments received from 
WTO Members. 
Question 77 
Par 568. Could Kazakhstan please note in this section that in addition to publishing that 
a draft regulation has come into effect on the ECC website, it will also send a copy of the 
final technical regulation to the WTO?  Regarding paragraph 568 of document 
WT/ACC/SPEC/KAZ/9/Rev.8:  Could Kazakhstan please note in this section that in 
addition to publishing that a draft regulation has come into effect on the ECC website, it 
will also send a copy of the final technical regulation to the WTO? WT/ACC/KAZ/77 
 
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  Answer: 
Kazakhstan's Enquiry Point will send a copy of the final technical regulation to the WTO Members 
upon request, as it is provided in Article 10 of the TBT Agreement. This information will be added into paragraph 568. 
568. The Decision of the EEC Council on adoption of the technical regulation, the Decision of the 
EEC Collegium on approval of the draft technical regulation and Decision of the EEC Collegium on the order of entering into force of the technical regulation were published at the official website of 
the EEC.  The EEC maintained the Register of technical regulations. Kazakhstan's Enquiry Point 
would send a copy of the final technical regulation to the WTO Members upon request, as it is 
provided in Article 10 of the TBT Agreement. 
Question 78 
Regarding paragraph 616 (new):  Kazakhstan stated:  "The notified drafts would be 
identical and subject to the same deadlines for comments".  
A Member notes that EEC published drafts am endments to Technical Regulations on the 
Customs Union on safety requirements for food additives with a deadline of 
24 January 2013.  The Russian Federation notified this measure to the WTO on 
28 February 2013 (G/TBT/N/RUS/10) with a deadline 30 April 2013.  On 29 April 2013, 
the EEC also published amendments to: 
- Technical Regulation "On sa fety of food products"; 
- Technical Regulation "On oil and fat products"; - Technical Regulation "On safety of grain". 
The EEC deadline is 30 June 2013, while the Russian Federation notified these measures 
to the WTO with 9 July 2013 deadline.  How would Kazakhstan/the Russian Federation ensure that EEC would still take into consideration comments received from 
Kazakhstan's/the Russian Federation's TBT en quiry point if the EEC comment period is 
closed?  
Answer: 
In cases when the deadline established in th e notification to the WTO exceeds the public 
consultation period, CU Parties will still continue to consider comments received from WTO Members. In general, Kazakhstan plans to send WTO notifications approximately at the same time when relevant technical regulations are published for public consultations and establish the same 
deadlines.   
This information will be added into paragraph 565. Question 79 
Regarding paragraph 581 of document WT/ACC/SPEC/KAZ/9/Rev.8:  The commitments 
in this section were carefully  negotiated in light of CU legislation. We are not in a 
position to approve anything that is different.  
We object to the addition of material to  the commitment in paragraph 581 and ask that 
it be removed. 
Answer: 
WTO Members proposed the following commitment language: "the representative of Kazakhstan 
confirmed that upon accession to the WTO, relevant international standards or relevant parts 
thereof would be used for development of technica l regulations, unless they were ineffective or 
inappropriate means for the fulfillment of legitimate  safety objectives". In accordance with Article 
2.4 of the TBT Agreement "where technical regula tions are required and relevant international 
standards exist or their completion is imminent, Members shall use them, or the relevant parts of them, as a basis for their technical regulations except when such international standards or WT/ACC/KAZ/77 
 
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  relevant parts would be an ineffective or inappropriate means for the fulfilment of the legitimate 
objectives pursued". Such legitimate objectives, in accordance with Article 2.2 of the TBT Agreement, could be, inter alia:  national se curity requirements; the prevention of deceptive 
practices;  protection of human health or safety, an imal or plant life or health, or the environment. 
Thus, WTO Members may adopt technical regulation s not only for safety purposes, but also for 
other purposes, such as the prevention of deceptive practises. In this regard, in order to bring the 
commitment language in accordance with the TBT Ag reement, Kazakhstan modified the text in the 
following way: 
[In response to a request from some Members for Kazakhstan to bring its standards and technical 
regulations system into compliance with WTO requirements prior to WTO accession, the representative of Kazakhstan  confirmed that upon accession to the WTO, relevant 
international standards or relevant parts thereof would be used for development of technical 
regulations, unless they were ineffective or ina ppropriate means for the fu lfillment of legitimate 
safety objectives pursued, as provided for in th e TBT Agreement.  The Working Party took note of 
this commitment.] 
Question 80 Regarding paragraph 589 of document WT/A CC/SPEC/KAZ/9/Rev.8:  The response to 
Question 51 reports on the status of the draft Agreement on Harmonization of 
Legislations of Member-states of the Custom s Union with Regard to Establishment of 
Administrative Liability for Violation of Re quirements of Legal Basis of the Customs 
Union in the Field of Technical Regulation, Application of Sanitary, Veterinary-Sanitary 
and Phytosanitary measures is undergoing internal approval procedures in the 
CU Parties. 
- Has this legislation been finalized and provided to the Working Party? 
Answer: 
The draft Agreement on Harmonisation of Legisl ations of Member-States of the Customs Union 
with Regard to Establishment of Administrative Liability for Violation of Requirements of Legal 
Basis of the Customs Union in the Field of Technical Regulation, Application of Sanitary, 
Veterinary-Sanitary and Phytosanitary measures has not been adopted yet because it is still undergoing through the internal approval procedures in the CU Parties.  
Question 81 
Regarding paragraph 591 of document WT/A CC/SPEC/KAZ/9/Rev.8:  The addition of 
the phrase [and/or any CU Party] is not appropriate.   
As originally noted in Ques tion 52, Article 5.4 of the TBT Agreement extends to the 
WTO Member, which has the responsibility of co nforming to WTO.  There should not be 
any exclusion for CU Parties for this commitment.  
While we appreciate the unified CU process an d provisions for TBT among CU Parties, as 
a practical matter, enforcement is the resp onsibility of Kazakhstan, and an exception 
cannot be invoked based on other parties. Kazakhstan acknowledges its independent 
responsibilities in paragraph 616.  
- Please remove the bracketed text from this commitment. 
Answer: 
Kazakhstan agrees to remove the bracketed text from the commitment. WT/ACC/KAZ/77 
 
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  Question 82 
Regarding paragraph 603 of document WT/ACC/SPEC/KAZ/9/Rev.8:  We remain 
concerned that Kazakhstan has altered a comm itment and changed the legal basis for its 
enforcement.  We do not agree to thes e changes without further consultation.  
Please reinsert reference to Commission Decision 48. 
Answer: 
In the relevant commitment in the WPR of the Russian Federation the reference was made to CU 
Commission Decision No. 527 of 28 January 2011, Regulation on Development, Adoption, 
Amendment and Cancellation of Technical Regulations. This Decision contained not only procedures for developing technical regulations, but also rules and methods for ensuring compliance with CU technical regulations.  
The Decision No. 527 has been replaced by EEC Council Decision No.48 that also stipulates 
procedures for development, adoption, amendment and cancellation of CU technical regulations. At the same time,  procedures for development of rules and methods for ensuring compliance with 
CU technical regulations have been adopted by the separate EEC Collegium Decision No. 306 
"On the Regulation on Procedures for Development and Approval of Lists of International and Regional Standards, and in their Absence – Nation al (State) Standards of CU member-States, that 
Ensure Compliance with Technical Regulations of the CU and Necessary for Conducting Conformity 
Assessment" of 25 December 2012. These document s were forwarded by Kazakhstan to the WTO 
Secretariat on 29 April 2013. 
Question 83 
Regarding paragraph 617 of document WT/ACC/SPEC/KAZ/9/Rev.8:  We do not believe 
that the process described in this paragr aph for Kazakhstan's acknowledgment of 
receipt of comments is adequate or that it  conforms to Kazakhstan's WTO obligations. 
Please confirm that Kazakhstan is prepared both to confirm the receipt of comments and 
to indicate to Members whether those comments have been accepted or not. 
Answer: 
Kazakhstan will confirm receipt of comments whenever comments are received from 
WTO Members on notified legislation. Information on acceptance or justification of non-acceptance of comments received will be published on the official website of the EEC in accordance with the EEC Decision No. 48.  
Question 84 
According to the press service of Kazakhst an's Department of Customs Control, the 
schedule for the implementation of Euro-4  was modified by Governmental decree on 
6 February 2013, which establishes the introduction of environmental class Euro 4 for 
imported vehicles as of 1 July 2013, and bans import for vehicles older than 2005  with 
Euro 3 and below class.  For vehicles produc ed domestically, environmental class Euro 4 
will be introduced on 1 January 2014.  
We understand that Euro-4 are standards for the acceptable limits for exhaust emissions 
(nitrogen oxides, total hydrocarbon, non-me thane hydrocarbons, carbon monoxide, and 
particulate matter) of vehicles  (cars, lorries, trains, tractors and similar machinery.)  
Compliance is determined by running the engi ne and performing a standardised test for 
the measurement of exhaust emissions for different engines or vehicles. 
Please explain how an emissions test would form the basis of a ban on the importation 
of vehicles older than 2005?  Are imported used vehicles tested, or are they simply 
banned based on their year of manufacture? WT/ACC/KAZ/77 
 
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  Please clarify how used vehicles, e.g., those  older than 2005, already in Kazakhstan are 
tested. Will they also be banned? 
Answer: 
The Resolution of the Government of Kazakh stan No. 1372 of 29 December 2007 approved the 
Technical Regulation on Requirements for Emissions of Harmful Substances (Pollutants) of Vehicles 
Released for Circulation5 on the Territory of the Republic of Kazakhstan (hereinafter – the technical 
regulation). According to the technical regulation, the Euro provisions on vehicles were introduced 
for ecological classes Euro-2 and Euro-3 on 15 July 2009 and 1 January 2013, respectively. 
The Resolution of the Government of the Repub l i c  o f  K a z a k h s t a n  N o .  9 7  o f  6  F e b r u a r y  2 0 1 3  
introduced amendments to the afore-mentioned Government Resolution No. 1372. The amendments stipulate the following timeframes for introduction of the Euro-4 standard in 
Kazakhstan:  for imported vehicles - 1 July 2013, for vehicles manufactured in Kazakhstan – 
1 July 2014.  
Conformity assessment of vehicles will be conducted in accordance with the  conformity 
assessment schemes established by  Resolution of the Government of the Republic of Kazakhstan 
No. 90. In particular, certification of vehicles ca n be conducted in accordance with Scheme No. 7 
that provide for laboratory testing of vehicles. Moreover, vehicles can be certified in accordance 
with Scheme No.9 that envisages recognition of documents confirming the type of vehicles 
(certification document) issued in the importing country, if this country is signatory to the Geneva Agreement of 1958. At the same time, in order to facilitate the certification procedures, the technical regulation contains the Table of conformity of vehicles and of combustion engines to the 
Standards Euro 2, 3, 4 and 5 depending on the year  of their manufacture. Vehicles that conform to 
Euro-4 standards in accordance with this Table will be certified without additional laboratory testing. 
The Euro-4 standard requirements will not apply for vehicles produced in or imported into 
Kazakhstan prior to enforcement of the new ecological norms. Thus, the requirement will not apply for used automobiles which are already in operation within Kazakhstan.  Such automobiles shall be 
used up to their physical deterioration and with regard to ecological norms, they shall conform to 
the requirements established in Annex 4 of the technical regulation. Annex 4 of the technical regulation is provided in Appendix 5 to this document. 
Question 85 
We understand that in May 2013, Talat Musaba yev, head of Kazakhstan's Space Agency 
KazKosmos, announced that Kazakhstani Gary sh Sapary (KGS) space company and the 
Kazakhstani National Center for Space Research and Technologies had launched 
production of Personal Navigation Devices (P NDs) to be connected to the American GPS 
and Russian GLONASS (Global Navigation Sa tellite) global positioning systems.  
Production of the devices will be part of the existing national navigation infrastructure 
and future production and expansion of sy stem facilities was planned.  The same 
announcement indicated that, starting from 1 January 2017, all newly-produced and 
imported vehicles will be mandatorily equipped  with PNDs and emergency call devices 
connected to GLONASS in accordance with  Customs Union technical regulations. 
This announcement appears to indicate that imported used autos will have the system 
installed, but not existing used autos al ready in Kazakhstan on 1 January 2017.  
Please clarify. 
We understand that for personal vehicles, th e deadline for having this device installed 
for imports will be 1 January 2015.  Is that true? 
                                               
5 Vehicles released for ci rculation — vehicles manufactured in th e Republic of Kazakhstan and previously 
not been in operation, and also vehicles  imported for a period of more than six months to the territory of the 
Republic of Kazakhstan for its intended use or for placing on the market in order to sell 
 WT/ACC/KAZ/77 
 
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  We fully support Kazakhstan's efforts to improve the environmental and safety 
performance of its vehicles, but we suspect th at the additional costs and restrictions will 
fall more heavily on imported vehicles than on domestic ones, since it appears that all 
imports must comply, new and used, but used vehicles already in Kazakhstan, including 
all domestically produced used vehicles, will not. 
We seek a clear commitment to nondiscrimin atory treatment of all vehicles, imported 
and domestically produced, with emphasis on how this will be accomplished with 
respect to imported used vehicles. 
Answer: 
In accordance with the Customs Union technical regulation "On Safety of Wheeled Vehicles" 
adopted by Decision of the Customs Union Commission No. 877 of 9 December 2011, as amended 
by Decision of the EEC Council No. 6 of 30 January 2013 provides for staged equipment of vehicles 
released for circulation with emergency services call devices (systems)6.  
This requirement applies to vehicles released for circulation  into the territory of the Republic of 
Kazakhstan, i.e. vehicles produced in Kazakhstan  and imported new and used vehicles .  
The equipment of vehicles released for circul ation will be implemented in there steps: 
From 1 January 2015  the requirement on installation of emergency services call device (system) 
shall be applied for all new types of automobiles, buses, trolleybuses and cargo vehicles  released 
for circulation, which earlier did not pass conformity assessment for requirements of the CU 
technical regulation or the national requirements of a CU Party prior to the adoption of the 
requirements. 
From 1 January 2016  - the requirement on installation of emergency services call device 
(system) shall be applied for passenger vehicles, trolleybuses, and lorries with the weight of 2.5 
tonnes, released for circulation for commercial transportation of passengers, intended for 
transportation of children from 6 to 16 ages, as well as for transportation of hard domestic waste 
and utility waste (dustcarts), as well as trucks, used for towage of trailer, which transport harmful 
cargo. 
From 1 January 2017 - the requirement on installation of  emergency services call device 
(system) shall be applied for all automobiles, cars and trolleybuses and cargo vehicles released for 
circulation. 
Vehicles which are already in operation on the territory of the Republic of Kazakhstan will be 
equipped in a manner and within the timeframe, esta blished by the legislation of the Republic of 
Kazakhstan. The procedures for a staged installation of navigation and communication devices to the vehicles which are in operation on the territo ry of the Republic of Kazakhstan are currently 
being developed. 
According to preliminary plans, Kazakhstan is going to equip with onboard devices buses and 
minibuses used for the commercial transportation of passengers, as well as vehicles used for the 
transportation of dangerous goods from 1 January 2015 taking  into account that   this types of 
activities represent the highest risk. 
The requirements of Euro-4 standard and requiremen ts on installation of emergency services call 
devices (systems) will be applied on a non-discriminatory basis for imported and domestically 
produced vehicles.  
                                               
6 Emergency services call device is a device that carries out and ensures the identification of 
coordinates, speed and direction of the vehicle by means of signals of at least two existing global navigation 
satellite systems, the transfer of messages about the vehi cle in case of road and other accidents in the manual 
mode and two-way voice communication with the emergency services on mobile wireless networks. 
 
Emergency services call system is a system that performs the functions of the device for calling 
emergency services, providing the transmission of messages about the vehicle in road and other accidents in the automatic mode. WT/ACC/KAZ/77 
 
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  - Trade-related Investment Measures 
Question 86 Regarding paragraph 626 of document WT/ACC/SPEC/KAZ/9/Rev.8:  Please add 
information to the section on fines levied on  firms that do not meet their local content 
requirements, the legal authority and mechanis m for their application, and any right of 
appeal.   
Please add the following text to this paragraph:  
At a recent Forum on Local Content in the Oil and Gas Sector held on 14 February in 
Astana, the Ministry of Oil and Gas' Execut ive Secretary Kanatbek Safinov stated that 
local content in 2012 totalled 12.2% for goods,  49% for works, and 66.8% for services.  
He added that subsoil users not compliant with their contractually obligated local 
content requirements received fines of US$2.3 million in 2012, double the amount 
collected in 2011.   
Answer: 
The information provided at the Forum on local content in the oil and gas sector on levies was 
preliminary. According to final data, subsurface users in the oil and gas sector that have not fulfilled their contractual commitments on local co ntent in goods by the end of 2011, were charged 
penalties in total of 700 thousand USD by the Ministry of Oil and Gas, of which they paid 
500 thousand USD. In 2012, subsurface users were charged 500 thousand USD, of which they paid 8 thousand USD.  
Control over compliance with the terms of contracts on exploration, production, combined 
exploration and production by subsurface users is carried out by the authorized body which is the 
Ministry of Oil and Gas. The provisions on the penalties are specified in the individual subsurface use contracts. 
In case a subsurface user does not perform contractual commitments on local content, the 
authorized body shall analyze the reasons wh y the commitments have not been fulfilled. 
When subsurface users do not perform commitments on local content due to substantial reasons 
(absence of certain types of goods produced loca lly, quality and safety related reasons and etc.) 
they are advised to make an analysis and recalculation of procurement data and apply to the competent authority to amend the terms of the subsurface use contract to revise their commitments in line with the results of calculations. In case the reasons for non-compliance with 
the contractual commitment are found inadmissible, subsurface user is notified to eliminate 
violations of contractual commitments. 
If the subsurface user does not agree with the decision of the authorized body, the subsurface 
user has the right to appeal to the court. 
Taking into account described above, Kazakhstan proposes to modify Paragraph [624] of the Draft 
Working Party Report (WT/ACC/SPEC/KAZ/9/Rev.8) as following: 
624quater. The procedure on the purchase of goods made by subsurface users was specified in the 
Government Resolution No. 1139 "On Approval of Rules for Purchases of Goods and Services in Performance of the Subsurface Use Operations" of 28 November 2007.  In a tender process, the winner of competitive bid was determined on the basis of the lowest price in accordance with 
paragraph 62 Article 3 of this Resolution.  Preferences were granted to local producers of goods 
only when they fully met all the requirements of the bidding process and submitted documents 
that confirmed the local origin of goods.  The representative of Kazakhstan clarified that local 
content in goods was defined as a percentage value of domestic materials and inputs used in the 
value of finished goods produced on the territory of Kazakhstan
7.  The local origin of goods was 
                                               
7  The goods of Kazakhstan's origin were determined  according to the Rules on  Determining the Country 
of Origin of Goods, Drafting and Issuing Expertise Acts on  Origin of Goods and Issuing a Certificate of Origin of WT/ACC/KAZ/77 
 
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  verified with certificate "CT-KZ" issued by the Chamber of Commerce of Kazakhstan.  For example, 
in 2012, the share of local content in the total valu e of goods procured by subsurface users within 
the framework of investment contracts was 12.6%8.  Tender procedures had to take place in 
Kazakhstan.  Both national and foreign investors were equally entitled to participate in the bidding 
process.  In her view, such provisions were non-discriminatory and introduced an opportunity for 
imported goods.  However, not all subsurface users were fully compliant with their contractual obligations on local content requirement, which could result in penalties or termination of 
contracts.  In 2012, subsurface users in the oi l and gas sector were charged US$500,000, of which 
they paid US$8,000.  
Question 87 
Regarding paragraph 626 of document WT/ACC/SPEC/KAZ/9/Rev.8:  We understand 
that amendments to the Subsoil and Subsoil Use Law are scheduled for submission to 
the government in April. 
- Could Kazakhstan explain what these will be?  Could they be added to the 
Legislative Action Plan? 
Will the oil and gas industry stakeholders that  will be affected by the amendments be 
contributing to their development, e.g., thro ugh a discussion of their possible impact on 
their productivity? 
Answer: 
The draft law foresees introduction of amendments to the Law "On Subsurface and Its Use" aimed 
at the following: 
- improvement of the institution of trust management of the contracted territory; 
- regulation of issues aimed at prevention of oil spill into the marine environment; 
- setting a time-frame for subsurface users to address violations; 
- determining an authorized body in charge of economic assessment of feasibility studies; 
- establishment of a uniform mechanism of creation and operation of liquidation funds;  - establishment of the competence of the Mi nistry of Oil and Ga s on drawing up of 
protocols and (or) review and imposition of administrative penalties in the area of 
subsurface use; 
- improvement of norms related to priority right of the State for subsurface areas and 
fields of strategic importance; 
- introduction of field development audit of compliance of subsurface users with the 
project documentation. 
Taking into account that the draft amendments are not related to the issues addressed in the 
TRIMs or other chapters in Kazakhstan's Working Party Report, Kazakhstan did not include them 
into the Legislative Action Plan. 
Upon completion of the interagency review, the dr aft law will be discussed with the Association of 
Subsurface Users, which represents the interests of all investors in energy sector, including oil and 
gas industry.   
Question 88 Regarding paragraph 631 of document WT/ACC/SPEC/KAZ/9/Rev.8 states that 
Kazakhstan will sign supplementary agreem ents with subsurface users, which would 
remove from investment contracts WTO TRIM s Agreement inconsistent measures with 
regard to procurement of goods and re place them with WTO TRIMs Agreement 
consistent measures. 
                                                                                                                                               
Goods adopted by the Resolution of the Governme nt of the Republic of Kazakhstan No. 1647 of 
22 October 2009.  
 
8 In 2012, the total procurement of goods made by subsurface users was equal to 758.3 billion tenge, 
including goods of Kazakhstan's origin in  the amount of 95.2 billion tenge. WT/ACC/KAZ/77 
 
- 61 - 
 
  - How many agreements will need this supplementary agreement? 
Answer: 
In order to bring subsurface use contracts in line with the WTO rules, the Ministry of Oil and Gas 
and the Ministry of Industry and New Technologies  will conduct negotiations with all subsurface 
users engaged in activities under contracts that contain local content provisions. There are 565 
contracts on subsurface use signed before 31 December 2012, that contains 203 contracts in the oil and gas sector and 362 contracts in the mining sector.   
Of 565 subsurface use contracts, 238 contracts ( 94 contracts in the oil and gas sector and 144 
contracts in the mining sector) will expire by  2020. Therefore the exact number of supplementary 
agreements, that would need to be signed, depend s on the outcome of the on-going negotiations 
on the length of the transitional period gran ted to Kazakhstan for phasing-out local content 
requirements from signed contracts in the oil and gas and mining sectors. 
Question 89 Regarding paragraph 637 of document WT/ACC/SPEC/KAZ/9/Rev.8:  Please confirm in 
a separate paragraph BEFORE the commitmen t paragraph that the TRIMs described in 
this section and the local content requirements  for procurement by SOEs and by national 
companies, and firms in the National Holdin gs and National Management Holdings are 
the only local content requirements on goods enforced in law in Kazakhstan except for 
those applied by the government in its procurement for immediate or ultimate 
consumption in governmental use and not othe rwise for resale or use in the production 
of goods for sale. 
Answer: 
Kazakhstan took note of the comment and amended paragraph 621 as follows: 
"621. The representative of Kazakhstan noted that  Kazakhstan applied local content requirements, 
in the form of preferences for purchase of locally  produced goods, with a view to diversify the 
national economy. In addition to local conten t requirements described in Chapters "State 
Ownership, State-Trading Entities and Privatizat ion" and "Government Procurement", pursuant to 
Kazakhstan's legislation, local content requirem ents were applied in procurement of goods and 
services9 by subsurface users within the framework of investment contracts in the oil and gas, and 
mining sectors and under investment agreements in the automotive sector. TRIMS described in 
this section and the local content requirements in  procurement by State-owned enterprises and by 
National Managing Holdings, National Holdings, National companies, and JSCs/LLPs with 50% or 
more State participation were the only local content requirements on goods enforced in law in 
Kazakhstan, except for those applied by the Government in its procurement for immediate or 
ultimate consumption in governmental use and not otherwise for resale or use in the production of 
goods for sale."  
Question 90 
Taking into account the unprecedented derogati on that it is requesting, Kazakhstan, in 
paragraphs 638 and 639 of document WT/ACC/SPEC/KAZ/9/Rev.8, is kindly requested to: 
- As cut-off date for contracts to be gr andfathered from TRIMs obligations, retain 
[31 December 2012] instead of [the date of Kazakhstan's accession to the WTO]; 
and 
- As end of the grandfathering period for ener gy contracts, to indicate a specific date 
by retaining [by xxxx] instead of [as of the date of expiration of the initial duration 
of the contracts or as of the date of expi ration of the [X]-year transitional period 
starting from the date of Kazakhstan's  accession to the WTO, whichever takes 
                                               
9 The term "services" includes both services and work as those terms are used in Law No. 291-IV. WT/ACC/KAZ/77 
 
- 62 - 
 
  place sooner] and to select that date without going beyond existing precedents for 
temporary derogations to the TRIMs obligations. 
Answer: 
1) As described in the DWPR, during the period of economic adversity in the early 1990s, in 
order to attract foreign direct investments and to develop Kazakhstan's unexplored oil fields, 
Kazakhstan Government had signed long-term investment contracts with major multinational oil companies, on terms which granted VAT and custom s duty exemptions for imported goods used in 
oil operations.  Since the terms of signed contracts could not be changed retroactively 
(i.e., pursuant to a contract stability clause), the local conten t provisions of Law No. 291-IV 
"On Subsurface and its Use" of 24 June 2010 were ai med at offsetting the discriminatory effects of 
those earlier investment contracts which created a disadvantage for domestically produced goods, 
which remained subject to the payment of VAT. 
Against the above background and taking into account the strategic importance of the oil and gas 
and mining sectors for Kazakhstan's economic growth in general and the importance of application 
of the local content requirements for diversification of the national economy in particular, and 
consequently, political sensitivity of the issue, the Government plans to remove the WTO TRIMS-inconsistent local content provisions from the Law No. 291-IV in the course of the ratification of 
Kazakhstan's WTO accession documents in the Parliament. Therefore, the Government of 
Kazakhstan legally could not use the proposed cut-off date (i.e., 31 December 2012) or any other date, except for the date of accession of Kazakhstan to the WTO, as the cut-off date starting from which the local content provisions would be grandfathered from investment contracts.  
2) As for the request "as end of the grandfatheri ng period for energy contracts, to indicate a 
specific date by retaining [by xxxx]", Kazakhstan ag rees to put the specific date as soon as the 
agreement is reached on the length of a transitional period for phasing-out the TRIMS-inconsistent 
local content requirements from investment contracts in the oil and gas and mining sectors. 
The relevant amendment has been made in the commitment text of the TRIMS Chapter of DWPR 
as follows: 
639.  [The representative of Kazakhstan confirmed that all WTO-inconsistent measures applied 
under investment contracts concluded prior to [the date of Kazakhstan's accession to the WTO] [31 December 2012] under the provisions of the Law No. 291-IV would cease to be enforced [by xxxx].  She further confirmed that all WTO-inco nsistent measures applie d in accordance with 
industrial assembly agreements concluded prior to [the date of Kazakhstan's accession to the 
WTO] [31 December 2012] under the provisions of the Order No. 113 would be eliminated by 
[1 July 2018].  [The representative of Kazakhstan confirmed that with respect to the measures 
applied under the industrial assembly agreements pursuant to the Order No. 113 and under the 
investment contracts pursuant to the Law No. 291-IV concluded prior to [the date of Kazakhstan's accession to the WTO] [31 December 2012], Kazakhstan would engage in consultations with 
interested WTO Members no later than [1 July 20 16] and [[X Date], respectively], regarding WTO 
consistent measures that could be applied, and notify WTO Members of any measures planned to replace WTO-inconsistent measures at least six months prior to the adoption of any new measures.]  The Working Party took note of these commitments.] 
Question 91 
(Quote from the last sentence of paragraph 635 page 202):  "In response to a specific 
question, the representative of Kazakhstan clarified that the industrial assemblies of 
Peugeot and Toyota automobiles were launche d under the existing industrial assembly 
agreements with "AgromashHolding", which would expire on 1 July 2018." 
Regarding "the existing industrial assemb ly agreements", Toyota's partner is not 
"AgromashHolding", but "SaryarkaAvtoPro m". A Member would appreciate it if 
Kazakhstan could reflect this point in the answer to the Question 63 in the WT/ACC/KAZ/75, as the answer forms the basis for paragraph 635 of the Draft Report. WT/ACC/KAZ/77 
 
- 63 - 
 
  Answer: 
Kazakhstan added the following text into corresponding paragraph of TRIMs Chapter:  
"In response to a specific question, the representative of Kazakhstan clarified that the industrial 
assemblies of Peugeot and Toyota automobiles were launched under the existing industrial 
assembly agreements with "AgromashHolding" an d "SaryarkaAvtoProm"LLP, respectively, which 
would expire on 1 July 2018." 
- Government Procurement 
Question 92 
Regarding paragraph 679 of document WT/A CC/SPEC/KAZ/9/Rev.8 states that Law 
No. 303 does not apply to "national managing  holdings, national holdings, national 
managing companies and national companies, and their affiliated entities, including the 
National Welfare Fund "Samruk-Kazyna", which was a national managing holding. 
- Please add that these entities also have local content requirements in their 
individual procurement regulations and that  these issues were dealt with in the 
SOE section of the Report. 
Answer: 
Procurements of national managing holdings, national holdings and national companies, and their 
affiliated entities of 50 or more per cent of pa rticipation, including the National Welfare Fund 
"Samruk-Kazyna", which is a national managing holding, are described in the section "State Ownership, State-Trading Entities and Privatization. 
Kazakhstan considers that since procurements of abovementioned companies are described in the 
separate section of WPR, information on terms and procedures of their procurements should not 
be reflected in the section "Government procurement".  
The following information will be added to paragraph 679 of the draft WPR: 
679. "The representative of Kazakhstan noted that pursuant to the Law No. 303, government 
procurement was defined as purchases made by customers of goods and services
10 essential for 
their operation, performance of State functions or customer's statutory activity, conducted in 
accordance with Law No. 303 and civil legislation of the Republic of Kazakhstan, except for the 
services purchased from natural persons under employment contracts or from natural persons not involved in entrepreneurial activity, on the base of paid services contracts, in the framework of fulfilment of State tasks and contributions, including contributions to the capital stock of newly 
established juridical persons.  Customers are State bodies, State agencies, as well as State 
enterprises
11, juridical persons and any affiliates thereof, with 50 or more per cent of voting shares 
held by the Government, except for national managing holdings, national holdings, national 
managing companies and national companies, and their affiliated entities, including the National 
Welfare Fund "Samruk-Kazyna", which was a national managing holding, whose procurement 
regulations were described in the section "S tate Ownership, State-Trading Entities and 
Privatization". 
Question 93 
Regarding paragraph 687 of document WT/A CC/SPEC/KAZ/9/Rev.8 states that:  the 
"Agreement provided that Kazakhstan would grant national treatment for government 
procurement to other SES Parties from 1 Ja nuary 2014 on a reciprocity basis.  The 
Agreement covered procurement conduc ted by state bodies, budget-funded 
                                               
10 The term "services" included both "services" and "works" as those terms were used in the legislation 
of the Republic of Kazakhstan. 
11 State enterprises are defined in the Section "State ownership, State Trading Entities and 
Privatization". WT/ACC/KAZ/77 
 
- 64 - 
 
  organizations, including state agencies as  well as other entities specified by the 
legislation of the SES Parties".  The respon se to Question 69 states that Kazakhstan 
intends to exempt its state enterprises and other enterprises with state participation 
from coverage of the Agreement on Government (Municipal) Procurement. 
- Please lay out in this section the extent to which Kazakhstan's local content 
requirements in procurement will allow Russia and Belarus to participate as 
national suppliers after 1 January 2014. 
Answer: 
In accordance with the Agreement on Government (Municipal) Procurement from 1 January 2014 
Kazakhstan will allow to suppliers of Russia and Belarus to participate as national suppliers in government procurement conducted by State bodies and State Agencies.  
Kazakhstan will provide this information in the section "Government Procurement" as follows: 
"677. In response to the question of a Member on whether there would be a common EEC 
procurement regime for state and (or) municipal procurement, the representative of Kazakhstan 
stated that the Agreement on State (Municipal) Procurement had become effective on 
1 January 2012 within the Single Economic Spac e.  The Agreement provided that Kazakhstan 
would grant national treatment for government pr ocurement conducted by state bodies and state 
agencies to other SES Parties from 1 January 2014 on a reciprocity basis. The Agreement covered 
procurement conducted by state bodies, budget-fund ed organizations, including state agencies as 
well as other entities specified by the government procurement legislation of the SES Parties.  According to Article 1 of the Agreement, the SES Parties had the right to exempt in their national 
legislation, state enterprises and enterprises with state participation from the scope of the 
Agreement. In accordance with Law # 303 state en terprises, juridical persons and any affiliates 
thereof, with 50 or more per cent of voting shares held by the Government, except for national 
managing holdings, national holdings, national managing companies and national companies, and 
their affiliated entities, including the National We lfare Fund "Samruk-Kazyna", were subject to the 
government procurement and planned to be exempt ed by Kazakhstan from the coverage of the 
Agreement on Government (Municipal) Procurement". 
Question 94 Please indicate what state companies are refe rred to in the response to Question 69.  
Does this include the national companies and the companies held by the National 
Holdings and National Management Holdings as well as those SOEs covered by the Law 
on Government Procurement?   
Answer: 
Procurement of state enterprises, juridical persons and any affiliates thereof, with 50 or more per 
cent of voting shares held by the Government are governed by the Law No. 303 "On Government Procurement" of 21 July 2007. 
Procurements of national managing holdings, national holdings, and national companies, and their 
affiliated entities, including the National Welfar e Fund "Samruk-Kazyna" are governed by their own 
Procurement Rules. 
Therefore, in response to the question 69, Kazakhstan referred only to state enterprises, juridical 
persons and any affiliates thereof, with 50 or m o r e  p e r  c e n t  o f  v o t i n g  s h a r e s  h e l d  b y  t h e  
Government which purchase products and services with a view of commercial re-sale or, with a view, to use in the production of goods for commercial sale, or to use in the supply of services for 
commercial sale.  
Reply to question 69 does not refer to national managing holdings, national holdings, national 
managing companies and national companies, and their affiliated entities, including the National 
Welfare Fund "Samruk-Kazyna", since procurements of these companies are not regulated by the 
Law "On Government Procurement". WT/ACC/KAZ/77 
 
- 65 - 
 
  Question 95 
Please include information on this both in this section of the Working Party Report and 
in the SOE section. 
Answer: 
In order to avoid misunderstanding Kazakhstan considers it more appropriate to reflect the 
detailed information on Government procurement in the "Government Procurement" section of the WPR, and procurement of State Owned Enterprises" in the section "State Ownership, State-Trading 
Entities and Privatization" of the WPR.  
Kazakhstan would rather make a reference in the paragraph 679 of the WPR, where Kazakhstan 
will indicate, that purchases of national managing holdings, national holdings, national managing companies and national companies, and their aff iliated entities, including the National Welfare 
Fund "Samruk-Kazyna" are described in the section "State Ownership, State-Trading Entities and 
Privatization" of the WPR.  
679. "The representative of Kazakhstan noted that pursuant to the Law No. 303, government 
procurement was defined as purchases made by customers of goods and services
12 essential for 
their operation, performance of State functions or customer's statutory activity, conducted in accordance with Law No. 303 and civil legislation of the Republic of Kazakhstan, except for the 
services purchased from natural persons under employment contracts or from natural persons not 
involved in entrepreneurial activity, on the base of paid services contracts, in the framework of fulfillment of State tasks and contributions, incl uding contributions to the capital stock of newly 
established juridical persons.  Customers are State bodies, State agencies, as well as State 
enterprises
13, juridical persons and any affiliates thereof, with 50 or more per cent of voting shares 
held by the Government, except for national managing holdings, national holdings, national managing companies and national companies, and their affiliated entities, including the National 
Welfare Fund "Samruk-Kazyna", which was a national managing holding, whose procurement 
regulations were described in the section "S tate Ownership, State-Trading Entities and 
Privatization". 
V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME 
Question 96 Regarding paragraph 720 of document WT/A CC/SPEC/KAZ/9/Rev.8:  Please provide 
more information on the specific provisions  of the Agreement on Common Principles of 
Regulation in the Sphere of Protection of  Intellectual Property Rights, and on its 
institutional implications.   
Answer: 
Main provisions of the Agreement are based on the norms that are common for the national 
legislation of the SES members in the field of intellectual property rights. They include general provision, provisions on copyright and related rights, trademarks, geographical indications, 
patents, enforcement, border measures, administrative and criminal measures, transparency, 
coordination council and dispute settlement.  
The Agreement introduced the principle of regional exhaustion of rights, under which the first sale 
of the goods marked with a protected trademark by  its owner or with his/her consent exhausts any 
rights to the trademark for these given goods not only domestically, but within the whole region, 
and parallel imports within the region can no longer be opposed based on the rights to trademarks. 
                                               
12 The term "services" included both "services" and "works" as those terms were used in the legislation 
of the Republic of Kazakhstan. 
13 State enterprises are defined in the Section "State ownership, State Trading Entities and 
Privatization". WT/ACC/KAZ/77 
 
- 66 - 
 
  Article 24 of the Agreement provides for creation  of the Coordination Council on Intellectual 
Property as a permanent institutional mechanism of the EEC. However, later the EEC adopted Decision No.201 of 25 September 2012 providing th at creation of the Coordination Council is 
unreasonable. Instead by the Decision No. 172 of 25 September 2012 the EEC created the 
Consultative Committee on Intellectual Property. The main purposes of the Consultative 
Committee on Intellectual Property include elaboration of proposals for the EEC on the issues of protection and enforcement of intellectual property rights and organization of consultations with 
the representatives of the Single Economic Space (SES) Parties. Specifically, the Consultative 
Committee on Intellectual Property takes part in analysis of international agreements and national legislation of the members; prepares proposals on  harmonization and improvement of the national 
legislation; and assists in information exchange between the EEC, authorized bodies of the 
members and international organizations. Meetings of the Consultative Committee on Intellectual 
Property are held as and when needed, but not less than once in a half-year period.  
Question 97 
Please discuss CU plans for intellectual pr operty protection harmonization among the 
Parties.  
Answer: 
At present stage, the SES Parties plan to conclude the following agreements on intellectual 
property rights: the Agreement on Trademarks, Se rvice Marks and Appellations of Origin at the 
Territories of the Members of the CU and the SES; the Agreement on Uniform Procedure for 
Collective Management of Copyright and Relate d Rights; and the Treaty on Coordination of 
Enforcement of Intellectual Protection Rights. 
Question 98 
Please outline the specific provisions of  the Agreement that relate to copyright 
protection and enforcement and explain how the copyright protections of these 
agreements relate to and interact with th e Kazakh national Law "On Copyrights and 
Related Rights". 
Answer: 
Section II of the Agreement on Common Principles of Regulation in the Sphere of Protection of 
Intellectual Property Rights contained provisions on copyright and related rights which stipulate 
that Parties will secure protection of intellectua l property based on the Bern Convention for the 
Protection of Literary and Artistic Works, WI PO Copyright Treaty and WIPO Performances and 
Phonograms Treaty. Specific Articles can be found on author rights, objects and terms of 
protection; cinematographic works; related rights, including rights of performers and producers of 
phonograms; and collective management organizations. 
Section III of the Agreement contains provisions on enforcement, which require Parties to apply 
effective enforcement measures in order to prevent circulation of counterfeit and pirated goods at 
the territory of the CU and infringement of intellectual property rights in the Internet.  
Agreement on Common Principles of Regulation in the Sphere of Protection of Intellectual Property 
Rights is an international agreement that has a priority over the national legislation of Kazakhstan 
and can be directly applicable without implementation of its provisions.  
Question 99 Thank you very much for providing the Copyright Law and the 2012 Amendments.  
We will submit specific comments on the legislation separately. 
Please advise if the 2012 amendments provided  account for all the changes incorporated 
in the current law or if there have been other changes to the original law that you 
provided and we reviewed. WT/ACC/KAZ/77 
 
- 67 - 
 
  Answer: 
Copyright Law provided to the Secretariat is the version that was last amended on 
12 January 2012. Additional minor changes were made to the Copyright Law on 18 January 2012, 10 July 2012 and 24 December 2012. 
Specifically, according to the amendments of 18 January 2012 Article 2 was added with 
subparagraph 45-1 as follows: 
45-1) on-air and cable broadcasting organizations – natural and juridical persons providing on-air 
and(or) cable communication of TV  and radio channels, TV and radio programs that include works, 
performances and phonograms. On-air and (or) cable communication is performed by analogue 
on-air, multichannel broadcasting (digital, on-air, satellite, cable tele- and radio broadcasting). 
According to the amendments of 10 July 2012 paragraph 3 of Article 44 was excluded. 
According to the amendments of 24 December 2012 in paragraph 11 of Article 9-1 "copy of the 
certificate on state registration of juridical person" wasreplaced with "reference on state registration (re-registration) of juridical person". 
Please find the last version of the Copyright Law attached to this submission. 
  
_______________ 
  
  WT/ACC/KAZ/77  
 
- 68 - Appendix 1  
ANNEX 2 List of Priority Activities, on th e Level of the Classifier of Sub-types of Activity, for which Investment Preferences Are Granted 
No. Name of section Group Name of group Code  Name of type and sub-type of activity 
1 2 3 4 5 6 
01 Plant cultivation and 
livestock farming, hunting and provision of services in these fields 01.1 Growing of seasonal 
culture 01.11 Growing of cereals crops (except for rice), leguminous plants and oil 
seed  
01.12  Cultivation of rice 
01.13 Cultivation of vegetables and gourds, root crops and tuber crops 
01.14 Growing of sugarcane 
01.16 Growing of fibrillose fibre crops 
01.19 Growing of other seasonal cultur e, except for growing of flowers, 
production of flowers and cultivation of flowers seed 
01.2 Growing of perennial crops  01.21 Growing of grapes 
01.22 Cultivation of tropical and subtropical fruits 
01.23 Cultivation of citrus fruits 
01.24 Cultivation of large fruits  
01.25 Cultivation of other types of fruit tree  
01.26 Growing of oily fruits 
01.27 Growing of croppers for drinks production  
01.29 Growing of other perennial crops 
01.3 Manufacturing of farm 
production 01.30 Manufacturing of farm production 
01.4 Animal breeding  01.41 Breeding of livestock dairy breed   
01.42 Breeding of other breeds of livestock and buffalos  
01.43 Breeding of horses and other hoofed breeds 
01.44 Breeding of camels and camelids 
01.45 Breeding of sheep and goats  
01.46 Breeding of pigs and piglet 
01.47 Poultry breeding 
01.49 Breeding of other types of animals 
01.6 Additional types of 
activities of growing of 
agricultural cultures  01.64 Processing and preparation of seeds for  breeding  
  WT/ACC/KAZ/77  
 
- 69 - No. Name of section Group Name of group Code  Name of type and sub-type of activity 
03 Fishery and aquaculture  03.2 Aquaculture 03.21 Marine aquaculture 
03.22 Fresh water aquaculture  
10.1 Processing and canning of 
meat and production of 
meat products 10.11 Processing and preservation of meat  
10.12 Processing and preservation of meat of poultry   
10.13 Production of products made by meat and meat of poultry   
10.2 Processing and 
preservation of fish, 
shellfish and scallops 10.20 Processing and preservation  of fish, shellfish and scallops 
10.3 Processing and canning of 
fruit and vegetables 10.31 Processing and canning of potatoes 
10.32 Production of fruit and vegetable juices  
10.39 Processing and canning of fruit and vegetables, not included in other 
groups 
10.4 Production of fat and oil 10.41 Production of fat and oil 
10.42 Production of margarine and butter 
10.5 Production of dairy 
products 10.51 Processing of milk and cheese production 
10.52 Ice-cream production 
10.6 Production of flour-and-
cereals industry 10.61 Production of flour-and-cereals industry 
10.62 Production of starch and starch products  
10.7 Production of other 
products 10.71 Production of bread; production of fresh confectionery products, cakes 
and pastry 
10.72 Production of dried bread and cookies; production confectionery 
products, cakes, pastry and biscuits intended for long-term storage  
10.73 Production of macaroni foods 
10.81 Production of sugar 
10.83 Manufacture of tea and coffee 
10.84 Manufacture of spices and seasonings 
10.85 Manufacture of prepared  food and in-process foods 
10.86 Manufacture of baby food and dietetic foodstuffs 
10.89 Manufacture of other foodstuffs not entered in other groups  
10.91 Manufacture of prepared foodstuff for animals that keeping in farms 
10.92 Manufacture of ready-made foodstuff for animals 
11.06 Manufacture of malt 
11.07 Manufacture of mineral water and other non-alcoholic beverages  
  WT/ACC/KAZ/77  
 
- 70 - No. Name of section Group Name of group Code  Name of type and sub-type of activity 
13 Manufacture of textile 
articles 13.1 Spinning, weaving and 
finishing industry 13.10 Spinning, weaving and finishing industry 
13.20 Manufacture textile articles 
13.2 Manufacture of textile 
fabric 13.30 Manufacture ready-made textile articles 
13.9 Manufacture of  other 
textile fabric 13.91 Manufacture of textile fabric 
13.92 Manufacture ready-made textile articles, except for clothes 
13.93 Manufacture of carpets and carpet articles 
13.94 Manufacture of cordage, ropes, binder and nets 
13.95 Manufacture of non-woven textile materials, except for clothes  
13.96 Manufacture of other engineering and manufacturing textile articles 
13.99 Manufacture of other textile articles not entered in other groups  
14 Manufacture of clothes,  14.1 Manufacture of clothes, 
except made from leather 14.11 Manufacture of clothes of leather  
14.12 Manufacture of working clothes 
14.13 Manufacture of outerwear  
14.14 Manufacture of underwear  
14.19 Manufacture of other clothes and accessories  
14.2 Manufacture of fur articles 14.20 Manufacture of fur articles 
14.3 Manufacture of knitted 
hosiery and other knitted goods 14.31 Manufacture of knitted hosiery goods 
14.39 Manufacture of other knitted goods 
15 Manufacture of leather, 
articles of leather  15.1 Hardening and currying of 
leather; manufacture paper bags and ladies 
bags, harness articles; 
dressing and dyeing of fur 15.11 Hardening and currying of leather; dressing and dyeing of fur  
15.12 Manufacture paper bags and ladies bags, harness articles  
15.2 Manufacture of footwear 15. 20 Manufacture of footwear 
16 Manufacture of wood and 
cork articles, other  than 
furniture; manufacture articles made from straws and articles for platting    16.1 Manufacture wood-sawing 
and joiner blade of articles 
for platting 16.10 Manufacture wood-sawing and joiner blade 
16.2 Manufacture of scale 
wood, plywood, slab and 
board  16.21 Manufacture of scale wood, plywood, slab and board 
16.22 Manufacture of read y-cut parquet coverage 
16.23 Manufacture of other wood building constructions and millwork   
  WT/ACC/KAZ/77  
 
- 71 - No. Name of section Group Name of group Code  Name of type and sub-type of activity 
17 Manufacture of pulp, 
paper, cardboard and 
articles of it 17.1 Manufacture of wood pulp 
and cellulose and 
cardboard 17.11 Manufacture of wood pulp and cellulose 
17.12 Manufacture of paper and cardboard 
17.2 Manufacture of articles of 
paper and cardboard 17.21 Manufacture of corrugated cardboard, paper and cardboard tare 
17.22 Manufacture of paper articles of household and sanitary-hygienic 
designation 
17.23 Manufacture of writing paper articles 
17.24 Manufacture of wallpaper 
17.29 Manufacture of other articles of paper and cardboard 
19 Manufacture of charred 
cool and products of  oil refining 19.1 Manufacture of products 
of coke oven 19.10 Manufacture of products of coke oven 
19.2 Manufacture of products 
of oil refining  19.20 Manufacture of products of oil refining  
20 
  Chemical industry 
 20.1 Manufacture of main 
chemicals, fertilisers and nitrogen compounds, 
plastics and synthetic 
caoutchouc in primary forms 20.11 Manufacture of industrial gas 
20.12 Manufacture of colours and pigments 
20.13 
 Manufacture of other general inorganic (chemical) matters 
20.14 Manufacture of other general organic (chemical) matters,  
20.15 Manufacture of fertilisers and nitrogen compounds 
20.16 Manufacture of plastics in primary forms 
20.17 Manufacture of synthetic caoutchouc in primary forms 
20.2 Manufacture of pesticides  
and other agricultural 
chemical products 20.20 Manufacture of pesticides  and other agricultural chemical products 
20.3 Manufacture of paints, 
lacquers and analogous coatings, typographic 
paints and mastics 20.30 Manufacture of paints, lacquers and analogous coatings, typographic 
paints and mastics 
20.4 Manufacture of soap and 
washing, cleansing and 
polishing matters, 
perfume and cosmetic matters 20.41 Manufacture of soap and washin g, cleansing and polishing matters 
20.42 Manufacture of perfume and cosmetic matters 
20.5 Manufacture of chemical 
products 20.51 Manufacture of explosive materials 
20.52 Manufacture of glues  
20.53 Manufacture of essences 
20.59 Manufacture of other chemical products not included in other categories  
  WT/ACC/KAZ/77  
 
- 72 - No. Name of section Group Name of group Code  Name of type and sub-type of activity 
20.6 Manufacture of artificial 
fibres 20.60 Manufacture of artificial fibres 
21 Manufacture of general 
pharmaceutical products 21.1 Manufacture of general 
pharmaceutical products 21.10 Manufacture of general pharmaceutical products 
21.2 21.20 Manufacture of pharmaceutical products 
22 Manufacture of rubber 
and plastic articles 22.1 Manufacture of rubber 
articles 22.11 Manufacture of rubber tires and automobile inner tube; retreading of 
rubber tires     
22.19 Manufacture of other rubber articles  
22.2 Manufacture of plastic 
articles 22.21 Manufacture of plastic sheets, automobile inner tube and profile  
22.22 Manufacture of plastic packages for goods 
22.23 Manufacture of constructional plastic articles 
22.29 Manufacture of other plastic articles  
23 Manufacture of other non-
metal mineral products 23.1 Manufacture of glass and 
other glass articles 23.11 Manufacture of plate glasses  
23.12 Forming and handling of plate glasses 
23.13 Manufacture of hollow glass articles  
23.14 Manufacture of glass fibre  
23.19 Manufacture and processing of other glass articles  
23.2 Manufacture of refractory 
products 23.20 Manufacture of refractory products 
23.3 Manufacture of building 
articles of burnt clay 23.31 Manufacture of building articles of clay 
23.32 Manufacture of bricks, tiles and ot her building articles of burnt clay 
23.4 Manufacture of other 
porcelain and ceramic articles 23.41 Manufacture of household and decorative ceramic articles  
23.42 Manufacture of ceramic sanitary-technical articles  
23.43 Manufacture of ceramic electric insulators and insulating accessories 
23.44 Manufacture of other technical ceramic articles 
23.5 Manufacture of cement, 
linden and plaster 23.51 Manufacture of cement including clinker 
23.52 Manufacture of gypsum articles for use in construction 
23.6 Manufacture of beton 
articles ,cement and gypsum articles for use in construction 23.61 Manufacture of construction articles of concrete 
  
23.62 Manufacture of gypsum articles for construction purposes 
23.63 Manufacture of concrete ready for use  
23.64 Manufacture of dry concrete mixtures 
23.65 Manufacture of articles of asbestos cement and fibrous cement 
23.69 Manufacture of other  concrete articles construction gypsum and 
cement 
  23.7 Cutting, treatment and 
finishing of decoration of  
stone 23.70 Cutting, treatment and finishing of decoration of  stone  
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- 73 - No. Name of section Group Name of group Code  Name of type and sub-type of activity 
23.9 Manufacture of abrasive 
articles and other non-
metal mineral products 
not entered in other groups 23.91 Manufacture of abrasive articles  
23.99 Manufacture of other non-metal mineral products not entered in other 
groups 
24 Manufacture of 
ready-made metal articles 24.1 Manufacture of iron, steel 
and ferrous alloys  24.10 Manufacture of iron, steel and ferrous alloys  
24.2 Manufacture of tubes, 
pipeline, section material, fittings made by steel 24.20 Manufacture of tubes, pipeline, section material, fittings made by steel 
24.3 Manufacture of other steel 
articles by primary 
operation 24.31 Manufacture of cold drawing 
24.32 Cold rolling of ribbons and ridges 
24.33 Cold moulding and folding 
24.34 Manufacture of wires made by cold extension  
24.4 Production of main 
precious metals and other ferrous metals 24.41 Production of precious metals  
24.42 Manufacture of aluminium  
24.43 Manufacture of lead, zinc and tin 
24.44 Manufacture of copper 
24.45 Manufacture of other ferrous metals 
24.46 Nuclear-fuel reprocessing 
24.5 Casting of metals 24.51 Casting of pig-iron  
24.52 Casting of steel 
24.53 Casting of light metals 
24.54 Casting of other non-ferrous metals 
25 Manufacture of 
ready-made metal 
articles, except for 
machinery and equipment 25.2 Manufacture of metallic 
cisterns, basin and 
containers 25.11 Manufacture of cisterns, basin and containers 
25.12 Manufacture of metallic doors and windows 
25.21 Manufacture of radiators and boilers for central heating 
25.29 Manufacture of metallic cisterns, basin and containers 
25.3 Manufacture of steam 
boilers 25.30 Manufacture of steam boilers 
25.4 Manufacture of weapons 
and ammunition 25.40 Manufacture of weapons and ammunition 
24.5 Hammering, pressing, 
stamping and shaping of 
metal sheet made by rolling manner  24.50 Hammering, pressing, stamping and shaping of metal sheet made by 
rolling manner  
25.6  25.61 Metal working  and applying coat on metals 
25.62 Automatic development; processing and covering of metals   
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- 74 - No. Name of section Group Name of group Code  Name of type and sub-type of activity 
25.7  25.71 Manufacture of other metallic articles 
25.72 Manufacture of key locks, loop and hinges 
25.73 Manufacture of instruments 
25.9  25.91 Manufacture of other metallic drums and similar container 
25.92 Manufacture of packing materials of light metals  
25.93 Manufacture of articles of wire 
25.94 Manufacture of fastening articles 
25.99 Manufacture of other ready-made metal articles not included to this 
category 
26 Manufacture of 
computers, electronic and 
optical products 26.1 Manufacture of electronic 
details 26.11 Manufacture of electronic details 
26.12 Manufacture of electronic panel feeds 
26.2 Manufacture of computers 
and off-line equipment  26.20 Manufacture of computers and off-line equipment  
26.3 Manufacture of 
communication equipment 26.30 Manufacture of communication equipment 
26.4 Manufacture electric 
appliances  26.40 Manufacture electric appliances for users 
26.5 Manufacture of 
instruments and equipment for measuring, testing and navigation; 
watches 26.51 Manufacture of instruments and equipment for measuring, testing and 
navigation 
26.6 Manufacture of 
illuminating, electro-
medical and electrotherapy equipment 26.60 Manufacture of illuminating, electro-medical and electrotherapy 
equipment 
26.7 Manufacture of optical  
and photographic 
equipment 26.70 Manufacture of optical  and photographic equipment 
26.8 Manufacture of magnetic 
and optical transmission 
facility 26.80 Manufacture of magnetic and optical transmission facility 
27 Manufacture of electric 
equipment 27.1 Manufacture of electric 
motors, generators and 
transformers and electric distributing and controlling 
equipment 27.11 Manufacture of electric motors, generators and transformers 
27.12 Manufacture of electric distributing and controlling equipment 
27.2 Manufacture of radiators 
and accumulators 27.20 Manufacture of radiators and accumulators  
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- 75 - No. Name of section Group Name of group Code  Name of type and sub-type of activity 
27.3 Manufacture of electric 
line and electric line 
articles 27.31 Manufacture of fibre-optic cable 
27.32 Manufacture of other types of electric line and cable  
27.33 Manufacture of electric appliances 
27.4 Manufacture of electric 
lighting equipment 27.40 Manufacture of electric lighting equipment 
27.5 Manufacture of  household 
appliances 27.51 Manufacture of electric household appliances  
27.52 Manufacture of no electric household appliances 
27.9 Manufacture of  other 
electric equipment 27.90 Manufacture of other electric equipment  
28 Manufacture of machines 
and equipments, not 
included to other 
categories 28.1 Manufacture of engines of 
general use 28.11 Manufacture of engines and turbines, except for aviation, machinery 
and  motorcycle engines 
28.12 Manufacture of hydraulic equipment 
28.13 Manufacture of other pumps, compressors, thimbles and valves 
28.14 Manufacture of other valves and vents 
28.15 Manufacture of bearings, gears, el ements of tooth gear and gear-drive 
28.2 Manufacture of other 
equipments of general use 28.21 Manufacture of slabs, stoves and kiln burner 
28.22 Manufacture of elevating and shipping equipment 
28.23 Manufacture of office equipment, office appliances (except for 
computers and peripheral equipment) 
28.24 Manufacture of manual electric tools 
28.25 Manufacture of industrial cooling and ventilating equipment 
    28.29 Manufacture of other machines and general-purpose equipment, not 
included to other categories 
28.3 Manufacture of 
agricultural and forestry-
based machines 28.30 Manufacture of agricultural and forestry-based machines 
28.4 Manufacture of metal 
fabrication machinery and 
metal machines 28.41 Manufacture of metal fabrication machinery  
28.49 Manufacture of other metal-working machine 
28.9 Manufacture of other 
machines and equipment 
of special purposes 28.91 Manufacture of machinery and equipment for metallurgy 
28.92 Manufacture of machinery for mining industry, underground operations 
and construction  
28.93 Manufacture of facilities for production, processing of foodstuff, 
beverages and tobacco 
28.94 Manufacture of facilities for textile, needle, fur and leather articles 
28.95 Manufacture of machines  for paper and paperboard 
28.96 Manufacture of equipment for processing rubber, plastics and other 
polymeric materials  
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- 76 - No. Name of section Group Name of group Code  Name of type and sub-type of activity 
28.99 Manufacture of other machines and equipment of special purposes, not 
included to other categories 
29 Manufacture of cars, 
trailers and semi-trailers 29.1 Manufacture of 
transportations 29.10 Manufacture of transportations 
29.2 Manufacture of bodies for 
transportations, trailers 
and semi-trailers 29.20 Manufacture of bodies for transportations, trailers and semi-trailers 
29.3 Manufacture of parts and 
equipments of 
transportations and their engines 29.31 Manufacture of electric and electronic equipment for transportations 
29.32 Manufacture of parts and mate rials for transportations and their 
engines  
30 Manufacture of other 
transportations 30.1 Building  marine ships and 
boats 30.11 Building of ships and floating structures 
30.12 Building of pleasure and sporting boats 
30.2 Manufacture of railway 
locomotives and rolling 
stocks 30.20 Manufacture of railway locomotives and rolling stocks 
30.3 Manufacture of air and 
space and etc. equipment 30.30 Manufacture of air and space and etc. equipment 
30.4 Manufacture of military 
transportation facilities 30.40 Manufacture of military transportation facilities 
30.9 Manufacture of 
transportation facilities not 
included to other 
categories 30.91 Manufacture of motorcycles 
30.92 Manufacture of bicycle and invalid's wheel chair/armchairs 
31 Manufacture of furniture 31.1 Manufacture of furnit ure 31.01 Manufacture of office and studio furniture 
31.02 Manufacture of kitchen furniture 
31.03 Manufacture of mattress 
31.09 Manufacture of other furniture 
32 Manufacture of other 
ready-made articles 32.5 Manufacture of other 
ready-made articles 32.50 Manufacture of medical and dental facilities and articles 
33 Mending and assembling 
of machinery and 
equipment 33.1 Mending ready-made 
metallic materials and 
machinery and equipment   33.11 Mending ready-ma de metallic materials 
33.12 Mending of machinery and equipment 
33.13 Mending of electronic and optical equipment 
33.14 Mending of electric equipment 
33.15 Mending, servicing of vessels and ships 
33.16 Mending, servicing of aerial vehicles and spacecrafts  
33.17 Mending, servicing of other ty pes of transportation facilities 
33.19 Mending of other types of transportation facilities  
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- 77 - No. Name of section Group Name of group Code  Name of type and sub-type of activity 
33.2 Assembling of industrial 
engineering and 
equipment 33.20 Assembling of industrial engineering and equipment 
35 
 Electricity and gas supply, 
air-conditioning 
 35.1 Production, supply of 
electrical energy 35.11 Production electrical energy 
35.12 Supply of electrical energy 
35.13 Distribution of electrical energy 
35.14 Sales of electrical energy to consumer 
35.2 Production and distribution 
of gaseous fuel 35.21 Production of gaseous fuel 
35.22 Distribution of gaseous fuel via pipelines 
35.23 Sales of gaseous fuel via pipelines 
35.3 System for delivering pair 
and conditioned air 35.30 System for delivering pair and conditioned air 
36 Collection, processing and 
distribution of water 36.0 Collection, processing and 
distribution of water 36.00 Collection, processing and distribution of water 
38 Collection, processing, 
elimination and recycling 
of wastes 38.1 Collection of hazardous 
wastes 38.12 Collection of hazardous wastes 
38.2 Processing and elimination 
of non-hazardous waste 38.21 Processing and elimination of non-hazardous waste 
38.3 Recycling of materials 38.32 Recycling of sorted materials 
42 
 Civil engineering 
 42.1 
 Construction of auto roads 
and railways roads  42.11 Construction of roads and highway 
42.12 Construction of railways and metro 
42.13 Construction of bridges and tunnels 
42.2 Construction of 
engineering structures 42.21 Construction of distri butive engineering project 
42.22 Construction of distributive engi neering project for electric-light and 
telecommunication services 
42.91 Construction of water facilities 
42.99 Construction of other civil engineering projects, not entered in other 
groups 
49 Land transport and 
transportation by pipelines 49.1 Railway transport for 
passengers 49.10 Railway transport for passengers 
49.2 Railway transport for 
cargo-carrying 49.20 Railway transport for cargo-carrying 
49.3 Other ground transport for 
passengers 49.31 Urban and suburban ground passengers transport 
49.39 Other ground transport for passeng ers, not entered in other categories 
49.4 Freight traffic by highway 
transportation and 
services for pick up of 
wastes 49.41 Freight traffic by highway transportation  
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- 78 - No. Name of section Group Name of group Code  Name of type and sub-type of activity 
49.5 Transportation by 
pipelines 49.50 Transportation by pipelines 
50 Water transport  50.1 Marine and riverside 
passenger's transport 50.10 Marine and riverside passenger's transport 
50.2 Marine and riverside 
cargo's transport 50.20 Marine and riverside cargo's transport 
50.3 River transport for 
passengers 50.30 River transport for passengers 
50.4 River transport for cargo  50.40 River transport for cargo  
51 
 Air transport  51.1 Air passenger transport 51.10 Air passenger transport 
51.2 Air cargo transport and 
transport of space system 51.21 Air cargo transport 
51.22 Transport of space system 
52 Warehousing and 
auxiliary and additional 
transport activity   52.1 Warehousing and storage 
of cargo 52.10 Warehousing and storage of cargo 
52.2 Other ancillary activities in 
transportation  52.21 Services in the area of land transport 
52.22 Services rendered in a water transport 
52.23 Services rendered in air transport 
52.24 Handling services  
55 Rendering of services by 
hotels 55.1 Rendering of services by 
hotels 55.10 Rendering of services by hotels 
55.10 Rendering of services by hotels 
55.3 Tourist camps, parks and 
entertainments 55.30 Tourist camps, parks and entertainments 
61 
 Telecommunication 61.2 Wireless communications 61.20 Wireless communications 
61.3 Activities in the sphere of 
satellite telecommunications 61.30 Activities in the sphere of satellite telecommunications 
68 Real estate operations 68.1 Renting and using of 
personal or rental real 
estate 68.20 Renting and using of personal or rental real estate 
85 
 Education 
 85.1 Preschool education 85.10 Preschool education 
85.2 Primary education  
(first level) 85.20 Primary education  
(first level) 
85.3 Fundamental and general 
secondary level education (second and third levels) 85.31 Fundamental and general secondary level education  
85.32 Technical and professional secondary level education 
85.4 Higher education 85.41 After secondary-level education 
85.42 Higher education  
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- 79 - No. Name of section Group Name of group Code  Name of type and sub-type of activity 
86 Activity in the field of 
health care 86.1 Activity of medical 
institutions 86.10 Activity of medical institutions 
93 Activity for organization 
of leisure and 
entertainment, culture 
and sport 93.1 Sport activities 93.11 Activity of sporting institutions 
93.2 Other types of activities 
for organization of leisure and entertainment 93.29 Other types of activities for orga nization of leisure and entertainment 
Note: Government Resolution No. 436 of 8 May 2003 is not applied fo r customs duties exemptions for spare parts of the technolog ical equipment, raw 
materials and inputs. 
Customs duties exemptions for spare parts of the technological equipment, raw materials and inputs are granted for the list of priority activities, on the level of 
the classifier of sub-types of activities, for which customs duti es exemptions for imported spare parts of the technological eq uipment, raw materials and inputs 
are granted, approved by the Government Resolution No. 1416 of 8 August 2012.  
Source :  Government Resolution No. 436 of 8 May 2003 as amende d by Government Resolution No. 809 of 6 August 2010.   
  WT/ACC/KAZ/77  
 
- 80 - SUPPLEMENT TO ANNEX 2  
List of Priority Activities, on the Level of the Classifier of Sub-types of Activity , for which Customs Duties Exemptions for I mported Spare Parts 
of the Technological equipment, raw Materials and Inputs Are Granted 
No. Name of section Group Name of group Code  Name of type and sub-type of activity 
1 2 3 4 5 6 
01 Plant cultivation and 
livestock farming, hunting and provision of 
services in these fields 01.1 Growing of seasonal 
culture 01.11 Growing of cereals crops (except for rice), leguminous plants and oil 
seed  
01.12  Cultivation of rice 
01.13 Cultivation of vegetables and gourds, root crops and tuber crops 
01.14 Growing of sugarcane 
01.16 Growing of fibrillose fibre crops 
01.19 Growing of other seasonal cultur e, except for growing of flowers, 
production of flowers and cultivation of flowers seed 
01.2 Growing of perennial crops 01.21 Growing of grapes 
01.22 Cultivation of tropical and subtropical fruits 
01.23 Cultivation of citrus fruits 
01.24 Cultivation of large fruits  
01.25 Cultivation of other types of fruit tree  
01.26 Growing of oily fruits 
01.27 Growing of croppers for drinks production  
01.29 Growing of other perennial crops 
01.3 Manufacturing of farm 
production 01.30 Manufacturing of farm production 
01.4 Animal breeding  01.41 Breeding of livestock dairy breed   
01.42 Breeding of other breeds of livestock and buffalos  
01.43 Breeding of horses and other hoofed breeds 
01.44 Breeding of camels and camelids 
01.45 Breeding of sheep and goats  
01.46 Breeding of pigs and piglet 
01.47 Poultry breeding 
01.49 Breeding of other types of animals 
01.6 Additional types of 
activities of growing of 
agricultural cultures  01.64 Processing and preparation of seeds for  breeding  
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- 81 - No. Name of section Group Name of group Code  Name of type and sub-type of activity 
1 2 3 4 5 6 
03 Fishery and aquaculture  03.2 Aquaculture 03.21 Marine aquaculture 
03.22 Fresh water aquaculture  
10.1 Processing and canning of 
meat and production of 
meat products 10.11 Processing and preservation of meat  
10.12 Processing and preservation of meat of poultry   
10.13 Production of products made by meat and meat of poultry   
10.2 Processing and 
preservation of fish, 
shellfish and scallops 10.20 Processing and preservation  of fish, shellfish and scallops 
10.3 Processing and canning of 
fruit and vegetables 10.31 Processing and canning of potatoes 
10.32 Production of fruit and vegetable juices  
10.39 Processing and canning of fruit and vegetables, not included in other 
groups 
10.4 Production of fat and oil 10.41 Production of fat and oil 
10.42 Production of margarine and butter 
10.5 Production of dairy 
products 10.51 Processing of milk and cheese production 
10.52 Ice-cream production 
10.6 Production of flour-and-
cereals industry 10.61 Production of flour-and-cereals industry 
10.62 Production of starch and starch products  
10.7 Production of other 
products 10.71 Production of bread; production of fresh confectionery products, cakes 
and pastry 
10.72 Production of dried bread and cookies; production confectionery 
products, cakes, pastry and biscuits intended for long-term storage  
10.73 Production of macaroni foods 
10.81 Production of sugar 
10.83 Manufacture of tea and coffee 
10.84 Manufacture of spices and seasonings 
10.85 Manufacture of prepared  food and in-process foods 
10.86 Manufacture of baby food and dietetic foodstuffs 
10.89 Manufacture of other foodstuffs not entered in other groups  
10.91 Manufacture of prepared foodstuff for animals that keeping in farms 
10.92 Manufacture of ready-made foodstuff for animals 
11.06 Manufacture of malt 
11.07 Manufacture of mineral water and other non-alcoholic beverages  
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- 82 - No. Name of section Group Name of group Code  Name of type and sub-type of activity 
1 2 3 4 5 6 
13 Manufacture of textile 
articles 13.1 Spinning, weaving and 
finishing industry 13.10 Spinning, weaving and finishing industry 
13.20 Manufacture textile articles 
13.2 Manufacture of textile 
fabric 13.30 Manufacture ready-made textile articles 
13.9 Manufacture of  other 
textile fabric 13.91 Manufacture of textile fabric 
13.92 Manufacture ready-made textile articles, except for clothes 
13.93 Manufacture of carpets and carpet articles 
13.94 Manufacture of cordage, ropes, binder and nets 
13.95 Manufacture of non-woven textile materials, except for clothes  
13.96 Manufacture of other engineering and manufacturing textile articles 
13.99 Manufacture of other textile articles not entered in other groups  
14 Manufacture of clothes,  14.1 Manufacture of clothes, 
except made from leather 14.11 Manufacture of clothes of leather  
14.12 Manufacture of working clothes 
14.13 Manufacture of outerwear  
14.14 Manufacture of underwear  
14.19 Manufacture of other clothes and accessories  
14.2 Manufacture of fur articles 14.20 Manufacture of fur articles 
14.3 Manufacture of knitted 
hosiery and other knitted 
goods 14.31 Manufacture of knitted hosiery goods 
14.39 Manufacture of other knitted goods 
15 Manufacture of leather, 
articles of leather  15.1 Hardening and currying of 
leather; manufacture 
paper bags and ladies bags, harness articles; 
dressing and dyeing of fur 15.11 Hardening and currying of leather; dressing and dyeing of fur  
15.12 Manufacture paper bags and ladies bags, harness articles  
15.2 Manufacture of footwear 15. 20 Manufacture of footwear 
16 Manufacture of wood and 
cork articles, other  than furniture; manufacture 
articles made from 
straws and articles for platting    16.1 Manufacture wood-sawing 
and joiner blade of articles for platting 16.10 Manufacture wood-sawing and joiner blade 
16.2 Manufacture of scale wood, 
plywood, slab and board  16.21 Manufacture of scale wood, plywood, slab and board 
16.22 Manufacture of read y-cut parquet coverage 
16.23 Manufacture of other wood building constructions and millwork  
17 Manufacture of pulp, 
paper, cardboard and 
articles of it 17.1 Manufacture of wood pulp 
and cellulose and 
cardboard 17.11 Manufacture of wood pulp and cellulose 
17.12 Manufacture of paper and cardboard 
17.2 Manufacture of articles of 
paper and cardboard 17.21 Manufacture of corrugated cardboard, paper and cardboard tare 
17.22 Manufacture of paper articles of household and sanitary-hygienic  
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- 83 - No. Name of section Group Name of group Code  Name of type and sub-type of activity 
1 2 3 4 5 6 
designation 
17.23 Manufacture of writing paper articles 
17.24 Manufacture of wallpaper 
17.29 Manufacture of other articles of paper and cardboard 
19 Manufacture of charred 
cool and products of  oil 
refining 19.1 Manufacture of products of 
coke oven 19.10 Manufacture of products of coke oven 
19.2 Manufacture of products of 
oil refining  19.20 Manufacture of products of oil refining  
20 
 
 Chemical industry 
 20.1 Manufacture of main 
chemicals, fertilisers and 
nitrogen compounds, 
plastics and synthetic caoutchouc in primary 
forms 20.11 Manufacture of industrial gas 
20.12 Manufacture of colours and pigments 
20.13 
 Manufacture of other general inorganic (chemical) matters 
20.14 Manufacture of other general organic (chemical) matters,  
20.15 Manufacture of fertilisers and nitrogen compounds 
20.16 Manufacture of plastics in primary forms 
20.17 Manufacture of synthetic caoutchouc in primary forms 
20.2 Manufacture of pesticides  
and other agricultural chemical products 20.20 Manufacture of pesticides  and other agricultural chemical products 
20.3 Manufacture of paints, 
lacquers and analogous 
coatings, typographic 
paints and mastics 20.30 Manufacture of paints, lacquers and analogous coatings, typographic 
paints and mastics 
20.4 Manufacture of soap and 
washing, cleansing and polishing matters, perfume 
and cosmetic matters 20.41 Manufacture of soap and washing, cleansing and polishing matters 
 20.42 Manufacture of perfume and cosmetic matters 
20.5 Manufacture of chemical 
products 20.51 Manufacture of explosive materials 
20.52 Manufacture of glues  
20.53 Manufacture of essences 
20.59 Manufacture of other chemical products not included in other categories 
20.6 Manufacture of artificial 
fibres 20.60 Manufacture of artificial fibres 
21 Manufacture of general 
pharmaceutical products 21.1 Manufacture of general 
pharmaceutical products 21.10 Manufacture of general pharmaceutical products 
21.2 21.20 Manufacture of pharmaceutical products 
22 Manufacture of rubber 22.1 Manufacture of  rubber 22.11 Manufacture of rubber tires an d automobile inner tube; retreading of  
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- 84 - No. Name of section Group Name of group Code  Name of type and sub-type of activity 
1 2 3 4 5 6 
and plastic articles articles rubber tires     
22.19 Manufacture of other rubber articles  
22.2 Manufacture of plastic 
articles 22.21 Manufacture of plastic sheets, automobile inner tube and profile  
22.22 Manufacture of plastic packages for goods 
22.23 Manufacture of constructional plastic articles 
22.29 Manufacture of other plastic articles  
23 Manufacture of other 
non-metal mineral products 23.1 Manufacture of glass and 
other glass articles 23.11 Manufacture of plate glasses  
23.12 Forming and handling of plate glasses 
23.13 Manufacture of hollow glass articles  
23.14 Manufacture of glass fibre  
23.19 Manufacture and processing of other glass articles  
23.2 Manufacture of refractory 
products 23.20 Manufacture of refractory products 
23.3 Manufacture of building 
articles of burnt clay 23.31 Manufacture of building articles of clay 
23.32 Manufacture of bricks, tiles and other building articles of burnt clay 
23.4 Manufacture of other 
porcelain and ceramic 
articles 23.41 Manufacture of household and decorative ceramic articles  
23.42 Manufacture of ceramic sanitary-technical articles  
23.43 Manufacture of ceramic electric insulators and insulating accessories 
23.44 Manufacture of other technical ceramic articles 
23.5 Manufacture of cement, 
linden and plaster 23.51 Manufacture of cement including clinker 
23.52 Manufacture of gypsum articles for use in construction 
23.6 Manufacture of beton 
articles ,cement and gypsum articles for use in 
construction 23.61 Manufacture of construction articles of concrete 
  
23.62 Manufacture of gypsum articles for construction purposes 
23.63 Manufacture of concrete ready for use  
23.64 Manufacture of dry concrete mixtures 
23.65 Manufacture of articles of asbestos cement and fibrous cement 
23.69 Manufacture of other  concrete articles construction gypsum and cement 
  23.7 Cutting, treatment and 
finishing of decoration of  
stone 23.70 Cutting, treatment and finishing of decoration of  stone 
23.9 Manufacture of abrasive 
articles and other non-
metal mineral products not entered in other groups 23.91 Manufacture of abrasive articles  
23.99 Manufacture of other non-metal mineral products not entered in other 
groups  
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- 85 - No. Name of section Group Name of group Code  Name of type and sub-type of activity 
1 2 3 4 5 6 
24 Manufacture of 
ready-made metal articles 24.1 Manufacture of iron, steel 
and ferrous alloys  24.10 Manufacture of iron, steel and ferrous alloys  
24.2 Manufacture of tubes, 
pipeline, section material, fittings made by steel 24.20 Manufacture of tubes, pipeline, section material, fittings made by steel 
24.3 Manufacture of other steel 
articles by primary 
operation 24.31 Manufacture of cold drawing 
24.32 Cold rolling of ribbons and ridges 
24.33 Cold moulding and folding 
24.34 Manufacture of wires made by cold extension  
24.4 Production of main 
precious metals and other 
ferrous metals 24.41 Production of precious metals  
24.42 Manufacture of aluminium  
24.43 Manufacture of lead, zinc and tin 
24.44 Manufacture of copper 
24.45 Manufacture of other ferrous metals 
24.46 Nuclear-fuel reprocessing 
24.5 Casting of metals 24.51 Casting of pig-iron  
24.52 Casting of steel 
24.53 Casting of light metals 
24.54 Casting of other non-ferrous metals 
25 Manufacture of 
ready-made metal articles, except for 
machinery and 
equipment 25.2 Manufacture of metallic 
cisterns, basin and containers 25.11 Manufacture of cisterns, basin and containers 
25.12 Manufacture of metallic doors and windows 
25.21 Manufacture of radiators and boilers for central heating 
25.29 Manufacture of metallic cisterns, basin and containers 
25.3 Manufacture of steam 
boilers 25.30 Manufacture of steam boilers 
25.4 Manufacture of weapons 
and ammunition 25.40 Manufacture of weapons and ammunition 
24.5 Hammering, pressing, 
stamping and shaping of 
metal sheet made by 
rolling manner  24.50 Hammering, pressing, stamping and shaping of metal sheet made by 
rolling manner  
25.6  25.61 Metal working  and applying coat on metals 
25.62 Automatic development; processing and covering of metals  
25.7  25.71 Manufacture of other metallic articles 
25.72 Manufacture of key locks, loop and hinges 
25.73 Manufacture of instruments  
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- 86 - No. Name of section Group Name of group Code  Name of type and sub-type of activity 
1 2 3 4 5 6 
25.9  25.91 Manufacture of other metallic drums and similar container 
25.92 Manufacture of packing materials of light metals  
25.93 Manufacture of articles of wire 
25.94 Manufacture of fastening articles 
25.99 Manufacture of other ready-made metal articles not included to this 
category 
26 Manufacture of 
computers, electronic 
and optical products 26.1 Manufacture of electronic 
details 26.11 Manufacture of electronic details 
26.12 Manufacture of electronic panel feeds 
26.2 Manufacture of computers 
and off-line equipment  26.20 Manufacture of computers and off-line equipment  
26.3 Manufacture of 
communication equipment 26.30 Manufacture of communication equipment 
26.4 Manufacture electric 
appliances  26.40 Manufacture electric appliances for users 
26.5 Manufacture of 
instruments and 
equipment for measuring, testing and navigation; watches 26.51 Manufacture of instruments and equipment for measuring, testing and 
navigation 
26.6 Manufacture of 
illuminating, electro-
medical and electrotherapy 
equipment 26.60 Manufacture of illuminating, electro-medical and electrotherapy 
equipment 
26.7 Manufacture of optical  and 
photographic equipment 26.70 Manufacture of optical  and photographic equipment 
26.8 Manufacture of magnetic 
and optical transmission facility 26.80 Manufacture of magnetic and optical transmission facility 
27 Manufacture of electric 
equipment 27.1 Manufacture of electric 
motors, generators and transformers and electric 
distributing and controlling 
equipment 27.11 Manufacture of electric motors, generators and transformers 
27.12 Manufacture of electric distributing and controlling equipment 
27.2 Manufacture of radiators 
and accumulators 27.20 Manufacture of radiators and accumulators 
27.3 Manufacture of electric line 
and electric line articles 27.31 Manufacture of fibre-optic cable 
27.32 Manufacture of other types of electric line and cable  
27.33 Manufacture of electric appliances  
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- 87 - No. Name of section Group Name of group Code  Name of type and sub-type of activity 
1 2 3 4 5 6 
27.4 Manufacture of electric 
lighting equipment 27.40 Manufacture of electric lighting equipment 
27.5 Manufacture of  household 
appliances 27.51 Manufacture of electric household appliances  
27.52 Manufacture of no electric household appliances 
27.9 Manufacture of  other 
electric equipment 27.90 Manufacture of other electric equipment  
28 Manufacture of machines 
and equipments, not included to other 
categories 28.1 Manufacture of engines of 
general use 28.11 Manufacture of engines and turbines , except for aviation, machinery and  
motorcycle engines 
28.12 Manufacture of hydraulic equipment 
28.13 Manufacture of other pumps, compressors, thimbles and valves 
28.14 Manufacture of other valves and vents 
28.15 Manufacture of bearings, gears, el ements of tooth gear and gear-drive 
28.2 Manufacture of other 
equipments of general use 28.21 Manufacture of slabs, stoves and kiln burner 
28.22 Manufacture of elevating and shipping equipment 
28.23 Manufacture of office equipment, office appliances (except for computers 
and peripheral equipment) 
28.24 Manufacture of manual electric tools 
28.25 Manufacture of industrial cooling and ventilating equipment 
    28.29 Manufacture of other machines and general-purpose equipment, not 
included to other categories 
28.3 Manufacture of agricultural 
and forestry-based machines 28.30 Manufacture of agricultural and forestry-based machines 
28.4 Manufacture of metal 
fabrication machinery and 
metal machines 28.41 Manufacture of metal fabrication machinery  
28.49 Manufacture of other metal-working machine 
28.9 Manufacture of other 
machines and equipment 
of special purposes 28.91 Manufacture of machinery and equipment for metallurgy 
28.92 Manufacture of machinery for mining industry, underground operations 
and construction  
28.93 Manufacture of facilities for production, processing of foodstuff, 
beverages and tobacco 
28.94 Manufacture of facilities for textile, needle, fur and leather articles 
28.95 Manufacture of machines for paper and paperboard 
28.96 Manufacture of equipment for processing rubber, plastics and other 
polymeric materials 
28.99 Manufacture of other machines and equipment of special purposes, not 
included to other categories  
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- 88 - No. Name of section Group Name of group Code  Name of type and sub-type of activity 
1 2 3 4 5 6 
29 Manufacture of cars, 
trailers and semi-trailers 29.1 Manufacture of 
transportations 29.10 Manufacture of transportations 
29.2 Manufacture of bodies for 
transportations, trailers and semi-trailers 29.20 Manufacture of bodies for transportations, trailers and semi-trailers 
29.3 Manufacture of parts and 
equipments of 
transportations and their 
engines 29.31 Manufacture of electric and electronic equipment for transportations 
29.32 Manufacture of parts and materials for transportations and their engines  
30 Manufacture of other 
transportations 30.1 Building  marine ships and 
boats 30.11 Building of ships and floating structures 
30.12 Building of pleasure and sporting boats 
30.2 Manufacture of railway 
locomotives and rolling stocks 30.20 Manufacture of railway locomotives and rolling stocks 
30.3 Manufacture of air and 
space and etc. equipment 30.30 Manufacture of air and space and etc. equipment 
30.4 Manufacture of military 
transportation facilities 30.40 Manufacture of military transportation facilities 
30.9 Manufacture of 
transportation facilities not included to other 
categories 30.91 Manufacture of motorcycles 
30.92 Manufacture of bicycle and invalid's wheel chair/armchairs 
31 Manufacture of furniture 31.1 Manufacture of furnit ure 31.01 Manufacture of office and studio furniture 
31.02 Manufacture of kitchen furniture 
31.03 Manufacture of mattress 
31.09 Manufacture of other furniture 
32 Manufacture of other 
ready-made articles 32.5 Manufacture of other 
ready-made articles 32.50 Manufacture of medical and dental facilities and articles 
33 Mending and assembling 
of machinery and equipment 33.1 Mending ready-made 
metallic materials and machinery and equipment  
 33.11 Mending ready-ma de metallic materials 
33.12 Mending of machinery and equipment 
33.13 Mending of electronic and optical equipment 
33.14 Mending of electric equipment 
33.15 Mending, servicing of vessels and ships 
33.16 Mending, servicing of aerial vehicles and spacecrafts  
33.17 Mending, servicing of other ty pes of transportation facilities 
33.19 Mending of other types of transportation facilities  
  WT/ACC/KAZ/77  
 
- 89 - No. Name of section Group Name of group Code  Name of type and sub-type of activity 
1 2 3 4 5 6 
33.2  Assembling of industrial 
engineering and equipment  
 33.20 Assembling of industrial engineering and equipment 
35 
 Electricity and gas 
supply, air-conditioning 
 35.1 Production, supply of 
electrical energy 35.11 Production electrical energy 
35.12 Supply of electrical energy 
35.13 Distribution of electrical energy 
35.14 Sales of electrical energy to consumer 
35.2 Production and distribution 
of gaseous fuel 35.21 Production of gaseous fuel 
35.22 Distribution of gaseous fuel via pipelines 
35.23 Sales of gaseous fuel via pipelines 
35.3 System for delivering pair 
and conditioned air 35.30 System for delivering pair and conditioned air 
36 Collection, processing 
and distribution of water 36.0 Collection, processing and 
distribution of water 36.00 Collection, processing and distribution of water 
38 Collection, processing, 
elimination and recycling 
of wastes 38.1 Collection of hazardous 
wastes 38.12 Collection of hazardous wastes 
38.2 Processing and elimination 
of non-hazardous waste 38.21 Processing and elimination of non-hazardous waste 
38.3 Recycling of materials 38.32 Recycling of sorted materials 
42 
 Civil engineering 
 42.1 
 Construction of auto roads 
and railways roads  42.11 Construction of roads and highway 
42.12 Construction of railways and metro 
42.13 Construction of bridges and tunnels 
42.2 Construction of 
engineering structures 42.21 Construction of distri butive engineering project 
42.22 Construction of distributive engi neering project for electric-light and 
telecommunication services 
42.91 Construction of water facilities 
42.99 Construction of other civil engineering projects, not entered in other 
groups 
49 Land transport and 
transportation by pipelines 49.1 Railway transport for 
passengers 49.10 Railway transport for passengers 
49.2 Railway transport for 
cargo-carrying 49.20 Railway transport for cargo-carrying 
49.3 Other ground transport for 
passengers 49.31 Urban and suburban ground passengers transport 
49.39 Other ground transport for passeng ers, not entered in other categories 
49.4 Freight traffic by highway 
transportation and services 
for pick up of wastes 49.41 Freight traffic by highway transportation  
  WT/ACC/KAZ/77  
 
- 90 - No. Name of section Group Name of group Code  Name of type and sub-type of activity 
1 2 3 4 5 6 
49.5 Transportation by pipelines 49.50 Transportation by pipelines 
50 Water transport  50.1 Marine and riverside 
passenger's transport 50.10 Marine and riverside passenger's transport 
50.2 Marine and riverside 
cargo's transport 50.20 Marine and riverside cargo's transport 
50.3 River transport for 
passengers 50.30 River transport for passengers 
50.4 River transport for cargo  50.40 River transport for cargo  
51 
 Air transport  51.1 Air passenger transport 51.10 Air passenger transport 
51.2 Air cargo transport and 
transport of space system 51.21 Air cargo transport 
51.22 Transport of space system 
52 Warehousing and 
auxiliary and additional transport activity  
 52.1 Warehousing and storage 
of cargo 52.10 Warehousing and storage of cargo 
52.2 Other ancillary activities in 
transportation  52.21 Services in the area of land transport 
52.22 Services rendered in a water transport 
52.23 Services rendered in air transport 
52.24 Handling services  
Source :  Government Resolution No. 1416 of 8 August 2012. 
 
  
  WT/ACC/KAZ/77  
 
- 91 - Appendix 2 
NATIONAL MANAGING HOLDINGS 
 and NATIONAL HOLDINGS  NATIONAL COMPANIES JSCs and LLP s with 50% and more of State 
participation under GOVERNMENT AGENCIES  
National Managing Holdings: 
1. The National Managing Holding 
National Welfare Fund "Samruk Kazyna", 2. The National Managing Holding 
"KazAgro" 3. The National Managing Holding 
"Bayterek".  National Holdings: 
 1. The National Info-
Communication Holding "Zerde", 2. The National 
Scientific-Technological 
Holding "Parasat"
14. 32 national companies (including 12 under the 
national managing holdings)  ‐ 538 JSCs and LLPs.  
‐ The Government is the founder and sole shareholder ; 
‐ National Managing Holdings are established for effective 
management of shares (rights of pa rticipation in charter capital) of 
national development institutions, national companies and other 
juridical persons;  
‐ National Holdings are establishe d for effective management of 
shares of national companies and other JSCs, and rights of 
participation in the charter capital of LLPs.   ‐ Established by the decision of the Government or 
local executive bodies, controlling portfolio of shares of which belonged to the State, a national managing holding, or a national holding; 
‐ Operate in spheres that form the core of the 
national economy, or es tablished for promoting 
development of the economy of regions (socio entrepreneurial corporations); 
‐ 12 national companies, controlling shares (50% 
and more) of which belonged to national managing holdings and national holdings, are not considered as State-controlled JSCs.   ‐ Government's role in thei r decision making process 
and activities is st rictly defined by the legislation of 
the Republic of Kazakhstan.;  
‐ Fall under regulation of  provisions of the Law 
"On Joint Stock Companies", the Law "On Limited and Additional Liability Partnerships", Law No. 413-IV, Law "On the Securities Market" and the Civil Code of 
the Republic of Kazakhstan;  
‐ Not considered as State enterprises due to the 
following reasons:   
(i) the property of JSCs and LLPs does not belong 
to the State;  
(ii) the Government does not have a right to 
dispose their property; 
(iii)  the degree of control over operations of the 
JSCs and LLPs is limited to competence of the Government to act as a shareholder or participant.  
 
 
 
                                               
14 The "National Medical Holding" had been removed from the list of national holdings by Government Resolution No. 336 of 11 Apri l 2013, and had been transferred to the 
autonomous educational organizati on "Nazarbayev University".    
  WT/ACC/KAZ/77  
 
- 92 -  
Appendix 3 
Comprehensive List of State-ow ned or State-controlled Enterprises with Loca l Content Requirements in their Procurement 
 
Companies Description Legal act Local content requirements 
State-owned enterprises 
State enterprises 
 Enterprises, established by the Government or local executive bodies with 
the purposes of   rendering State services with the objective to address the 
social and economic needs of the society and the State. 
1) The property assigned to State enterprises entirely belongs to the State, which is indivisible, e.g. could not be  distributed among employees of State 
enterprises or alie nated by them;   
2) State is entitled to withdraw and redistribute property of State 
enterprises; 3)  The State is responsible for the liabilities of State enterprises, and has a right to dispose their property.   4) State enterprises are prohibited to conclude transactions not related to 
the subject or purpose of their activity, assigned by the Government or local executive bodies.    5) Management board of State enterp rises is appointed by government 
agency.  Law No. 303-III "On Government 
Procurement" of 21 July 2007 
 
  Conditional price discount are 
applied only to procurements 
conducted via tenders. 
1. Conditional price discount for domestic producers – up to 20%; 2.  Conditional price discount for domestic services suppliers – up to 15%.     
State-controlled enterprises 
Joint stock companies (JSCs) and limited liability partnerships (LLPs)  with 50 or more per cent of State participation   I. JSC – a juridical person, issuing shares with the purpose to attract 
financial resources for perform ing their activities.    
1) Shareholders of the JSC are not responsible for liabilities of the company and bear the risks of losses related to the activities of the company to the extent of the value of the shares owned;  2) property of the JSC is separate from the property of its shareholders and bears responsibilities on this liabilities within its own property and is not responsible for liabilities of its shareholders; 3) JSC could be established or held by one person.   II. LLP – a partnership established by one or several persons, charter capital of which is divided into shares determ ined by its founding documents.   
LLP participants are not responsible for liabilities of the partnership and bear the risks of losses only within the value of their individual contribution.   
III. Property of JSCs and LLPs is in private ownership. JSCs and LLPs may 
independently dispose their property taking into account requirements of founding documents.    Law No. 303-III "On Government 
Procurement" of 21 July 2007  Conditional price discount are 
applied only to procurements conducted via tenders. 1. Conditional price discount for domestic producers – up to 20%; 2.  Conditional price discount for domestic services suppliers – up to 15%.   
  WT/ACC/KAZ/77  
 
- 93 - Companies Description Legal act Local content requirements 
IV. Management– could be ei ther collegial or sole. 
 Collegial management: Board of Dire ctors in JSCs, Supervisory Board in 
LLPs.  
National managing holdings A Joint stock company, the founder and sole shareholder of which is the 
Government for the purposes  of effective management of shares (rights of 
participation in charter capital) of national development institutions, national companies and other juridical persons.] 
 
         1. Law No. 50-IV "On National 
Welfare Fund" of 1 February 2012; 2. Rules of Procurement of Goods, Works and Services of JSC "NWF 
"Samruk-Kazyna" , approved by 
the Board of Directors on 26 May 2012. 3. Procurement Rules of JSC "NMH "KazAgro" approved by the Board of Directors on 06 October 2011 Ж 
4. Model Procurement Rules.  Conditional price discount are 
applied only to procurements conducted via tenders.  
Conditional price discount for 
domestic producer s and services 
suppliers – up to 20%.  
 
National holdings A Joint Stock Company , the founder and sole shareholder of which is the 
Government, established for effective management of shares of national 
companies and other JSCs, and rights of participation in the charter capital of 
LLPs Model Procurement Rules. 
 
National Companies, excluding National Companies under  National Managing Holdings and 
National Holdings  A Joint Stock Company , established by the decisi on of the Government or 
local executive bodies, controlling portfolio of shares of which belongs to the State, a national managing holding,  or a national holding, and which 
operates in spheres, that formed the core of the national economy, or established for promoting developm ent of the economy of regions 
(socio-entrepreneuri al corporations). 
  Model Procurement Rules. 
 WT/ACC/KAZ/77 
 
- 94 - 
 
  Appendix 4 
Method for allocation of tariff rate quotas among new suppliers 
Tariff rate quotas shall be allocated among new suppliers in the order of submission of applications 
by new suppliers for receiving a licence for imports. 
Licenses for imports shall be issued by the authorized body until the volumes of tariff rate quotas 
established for new suppliers would be fully distributed. 
The licence can be issued, provided that the volume of declared goods is not less than 
"commercially viable quantities" and does not exc eed 25% of total volume of tariff rate quotas 
established for new suppliers. 
The authorized body shall publish weekly information on the volumes of tariff rate quotas for which 
licenses were issued as well as on the volumes which have not been allocated on the following 
web-sites: www.minplan.gov.kz , www.comtorg.kz , www.trade.gov.kz . 
 WT/ACC/KAZ/77 
 
- 95 - 
 
  
 Appendix 5 
Vehicles and (or) 
country that produces their engine Year of manufacture in accordance with the requirements on emission 
standard  
Second class Third class Forth class Fifth class 
EU members*, petrol engine 1997-2000 2001-2004 2005-August 
2009 Category М 1-3, 
N 1 – September 2009 and later 
Category N 2 – September 2010 and later 
Category N 3 – October 2008 and later 
EU Members*, diesel 1997-2001 2002-2004 2005-August 
2009 Category М 1-3, 
N 1 – September 2009 and later 
Category N 2 – September 2010 and later 
Category N 3 – October 2008 and later 
USA 1996-2000 2001-2005 2006 and later - 
Japan 1998-2004 2005-2010 2010 and later - 
Canada 2001-2003 2004 - - 
India 2005-2009 2010 - - 
Malaysia 2003 - - - 
China 2004-2007 2008 Category М 3 – 
January 2012 and later - 
Korea 2001-2002 2003-2005 2006 and later   
Russia 2006-2007 2008-2009 2010 - 
Uzbekistan 2007-2009 - - - 
Belarus 2007 2008 - - 
  
Ukraine Category М – 
2006 Category М – 
2007    
-   
-   
- 
 
  
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