RESTRICTED  
  
JOB/ACC/40/Add.2  
 
17 September 2014  
(14-5211) Page: 1/3  
Working Party on the Accession of Kazakhstan  Original: English  
 
 ACCESSION OF KAZAKHSTAN 
PROPOSAL ON ORDINA RY CUSTOMS DUTIES 
Communication from Australia, Brazil, Guatemala, Japan1, Mexico and Switzerland 
Addendum  
 
The following communication, dated 16 Septembe r 2014, is being circulated at the request 
of the above co-sponsors. 
 
 
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1 Subject to confirmation JOB/ACC/40/Add.2 
 
- 2 - 
 
  PROPOSAL ON THE CHAIRMAN'S PROPOSAL ON ORDINARY CUSTOMS DUTIES 
(JOB/ACC/40/Rev.1) 
 
Clean Version [289 quater ] 
[289quater ] The representative of Kazakhstan further [informed] [ confirmed]  that no earlier than 
three years and six months  from the date of full implementation of  all the final bound tariff 
rates contained in the Accession Schedule for goods covered by sub-paragraph (a) of 
paragraph 289,  Kazakhstan would seek to align the Accession Schedule with the final bound 
tariff rate of the Russian Federation  and, therefore, commence negotiations with those 
WTO Members that had concluded bilateral goods market access protocols  with Kazakh s tan or 
are "affected Members". For the purpose of this negotiation, "affected Members" are those 
who fall into any one of the following criteria:   
a)  Hold Initial Negotiating Rights (INRs);   
b)  Have a principal supplying interest (PSI);  
c)  Have substantial interest (SI); and   
d)  In the period of 2008-2013, had an av erage bilateral trade flow with Kazakhstan 
of at least US$50,000.00 (fifty thousand dollars) per tariff line, per year. 
For that purpose Kazakhstan would notify WTO Members of its intention to commence the 
negotiations and all data relevant for the conduct of those negotiations [which includes the list 
of items subject to modification with the co rresponding tariff line numbers and statistics 
of imports of the products involved, by coun try of origin, for the last three years for 
which statistics are available] [ six months before the start of the negotiations . The Working 
Party took note of these commitments. 
Track Changes [289 quater ] 
[289quater ] The representative of Kazakhstan further [informed] [ confirmed]  that no earlier than 
three years and six months  from the date of full implementation of  all the final bound tariff 
rates contained in the Accession Schedule for goods covered by sub-paragraph (a) of 
paragraph 289,  Kazakhstan would seek to align the Accession Schedule with the final bound 
tariff rate of the Russian Federation  CU CET and, therefore, commence negotiations with those 
WTO Members that had concluded bilateral goods market access protocols  deals with Kazakhstan  
or are  affected Members.  and would be [ negatively ] affected by such alignment [ by increases 
of tariff rates ] [, i.e. those holding INRs or those having a principal or substantial  supplying 
interest by the date on which the negotiations start] [, i.e. those holding INRs or those having 
a principal or substantial supplying interest by the date on which the negotiations start]  
(hereafter "affected Members"). For the purpose of this negoti ation, "affected Members" are 
those who fall into any one of the following criteria:     
a)  Hold Initial Negotiating Rights (INRs);   
b)  Have a principal supplying interest (PSI);  
c)  Have substantial interest (SI); and   
d)  In the period of 2008-2013, had an av erage bilateral trade flow with Kazakhstan 
of at least US$50,000.00 (fifty thousand dollars) per tariff line, per year.] 
For that purpose Kazakhstan would notify WTO Members  [the WTO Secretariat of ] its intention 
to commence the negotiations and all data relevant for the conduct of those negotiations [which 
includes the list of items subject to modification with the corresponding tariff line numbers and statistics of imports of the prod ucts involved, by country of origin, for the 
last three years for which statistics are available] [ six months before the start of the 
negotiations ] [six months before the start of the negotiations]. The Working Party took note 
of these commitments. JOB/ACC/40/Add.2 
 
- 3 - 
 
  Clean Version [289 sexies ] 
[289sexies ] The negotiations referred to in [paragraph 289 quater ] would be entered into in good 
faith with a view to achieving within [ 3] years from commencement of such negotiations  
mutually satisfactory compensatory adjustment. [The negotiations of compensatory adjustment 
may include formula approaches and, or, requests on specific priority tariff lines.]2 [The value of 
compensatory adjustment [for a formula approach2]  with respect to each affected Member should 
be calculated as the difference between the value of duties payable for the average yearly MFN imports to Kazakhstan from that affected Member  that occurred during the reference period of 
three years of trade data available at the start of the negotiations, calculated on the basis of the 
final bound tariff rates of the Russian Federation, and the value of duties payable for the same trade, calculated on the basis of the final bound tariff rates of Kazakhstan.]
3  In the event that 
satisfactory compensatory adjustment is not achi eved within the timeframe for the negotiations, 
the matter should be referred to the WTO General Council. The Working Party took note of these commitments. 
Track Changes [289 sexies ] 
[289sexies ] The negotiations referred to in [paragraph 289 quater ] would be entered into in good 
faith with a view to achieving within [ 3] years from commencement of such negotiations  
mutually satisfactory compensatory adjustment. [The negotiations of compensatory adjustment 
may include formula approaches and, or, requests on specific priority tariff lines.]
2 [The value of 
compensatory adjustment [ for a formula approach4]with respect to each affected Member should 
be calculated as the difference between the value of duties payable for the average yearly MFN 
imports to Kazakhstan from that affected Member  that occurred during the reference period of 
three years of trade data available at the start of the negotiations, calculated on the basis of the final bound tariff rates of the Russian Federation, and the value of duties payable for the same 
trade, calculated on the basis of the final bound tariff rates of Kazakhstan.]
5  In the event that 
satisfactory compensatory adjustment is not achi eved within the timeframe for the negotiations, 
the matter should be referred to the WTO General Council. The Working Party took note of these commitments.  
 
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2 Without prejudice to whether or not the proposers support 289 sexies. 
3 These two bracketed sentences are viewed as potential complements to each other, rather than as 
alternative. 
4 Without prejudice to whether or not the proposers support 289 sexies. 
5 These two bracketed sentences are viewed as potential complements to each other, rather than as 
alternatives.