WT/REG366/1  
 
29 August  2018 
(18-4342) Page: 1/46 
Committee on Regional Trade Agreements   
 
FACTUAL PRESENTATION  
TREATY ON ACCESSION OF THE KYRGYZ REPUBLIC TO THE EURASIAN ECONOMIC UN ION  
(GOODS AND SERVICES ) 
Report by the Secretariat  
This report, prepared for the consideration of the Treaty on Accession of the Kyrgyz 
Republic to the Eurasian Economic Union , has been drawn up by the WTO Secretariat 
on its own responsibility and in full consultation with the Parties. The factual 
presenta tion reproduces as closely as  possible the terminology used in the Treaties  
and in the comments provided and does not imply official endorsement or acceptance 
by the Secretariat of such terminology. The report has been drawn up in accordance 
with the rules  and procedures contained in the Decision for a Transparency Mechanism 
for Regional Trade Agreements (WT/L/671) and thus does not imply any value 
judgement by the Secretariat  regarding the contents of the Treaty . 
Any technical questions arising from this r eport may be addressed to Maria Donner 
Abreu  (tel: +41 22 739 52 44) . Any statistical questions arising from this report may 
be addressed to  Rowena Cabos (tel: +41 22 739 51 85) . 
 
 
 
 
  WT/REG366/1  
 
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  TABLE O F CONTENTS  
Page 
1   TRADE ENVIRONMENT  ................................ ................................ ................................ . 4 
1.1   Merchandise trade  ................................ ................................ ................................ ....... 4 
1.2   Trade in services and investment  ................................ ................................ ..................  6 
2   CHARACTERISTIC ELEME NTS OF THE TREATY  ................................ .............................  9 
2.1   Background Information  ................................ ................................ .............................. 10 
3   PROVISIONS ON TRADE IN GOODS  ................................ ................................ ...........  11 
3.1   Trade liberalization between the Parties  ................................ ................................ ........ 11 
3.2   Trade with third parties  ................................ ................................ ............................... 13 
3.2.1    Application by Kyrgyz Republic of the EAEU's CET  ................................ ........................ 13 
3.2.2    Non-tariff measures  ................................ ................................ ................................ .18 
3.2.3    Other export -related measures  ................................ ................................ .................. 18 
3.2.4    Fees and charges connected with importation and exportation  ................................ ......18 
3.2.5    General incidence of the formation of the EAEU  ................................ ........................... 18 
3.3   Rules of origin  ................................ ................................ ................................ ............ 19 
3.4   Regulatory provisions on trade in goods  ................................ ................................ ........ 19 
3.4.1    Standards  ................................ ................................ ................................ ............... 19 
3.4.2    Trade defence measures  ................................ ................................ ........................... 21 
3.4.3    Subsidies and State -aid ................................ ................................ ............................ 23 
3.4.4    Customs -related procedures ................................ ................................ ...................... 23 
4   PROVISIONS ON TRADE IN SERVICES AND INVE STMENT  ................................ .........  25 
4.1   Scope and definitions  ................................ ................................ ................................ ..25 
4.2   Denial of benefits  ................................ ................................ ................................ .......25 
4.3   General provisions on trade in services and investment  ................................ ................... 25 
4.3.1    Market Access  ................................ ................................ ................................ ......... 26 
4.3.2    National and MFN treatment  ................................ ................................ ...................... 26 
4.3.3    Commercial presence  ................................ ................................ ............................... 26 
4.3.4    Movement of natural persons  ................................ ................................ .................... 26 
4.3.5    Performance requirements  ................................ ................................ ........................ 26 
4.3.6    State enterprises and monopolies  ................................ ................................ .............. 26 
4.4   Liberalization commitments and the Single Market  ................................ .......................... 27 
4.4.1    Kyrgyz Republic  ................................ ................................ ................................ .......29 
4.5   Regulatory provisions  ................................ ................................ ................................ ..33 
4.6   Sector specific provisions on trade in services  ................................ ................................ 33 
4.6.1    Financial services  ................................ ................................ ................................ .....33 
4.6.2   Electricity services  ................................ ................................ ................................ ...34 
4.6.3    Rail transport services  ................................ ................................ .............................. 34 
5   GENERAL PROVISIONS O F THE AGREEMENT  ................................ .............................  34 
5.1   Transparency  ................................ ................................ ................................ ............. 34 
5.2   Current payment and capital movement  ................................ ................................ ........ 34 WT/REG366/1  
 
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  5.3   Exceptions  ................................ ................................ ................................ ................. 34 
5.4   Accession and Withdrawal ................................ ................................ ............................ 34 
5.5   Institutional framework  ................................ ................................ ............................... 35 
5.6   Dispute settlement  ................................ ................................ ................................ .....35 
5.7   Relationship with other agreements concluded by the Parties  ................................ ........... 35 
5.8   Government procurement  ................................ ................................ ............................ 36 
5.9   Intellectual property rights  ................................ ................................ .......................... 36 
5.10   Competition  ................................ ................................ ................................ ............. 36 
5.11   Other  ................................ ................................ ................................ ...................... 37 
ANNEX 1  ................................ ................................ ................................ ........................  38 
ANNEX 2  ................................ ................................ ................................ ........................  40 
ANNEX 3  ................................ ................................ ................................ ........................  42 
ANNEX 4  ................................ ................................ ................................ ........................  43 
 
  WT/REG366/1  
 
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KEY FACTS  
 
Parties to the Agreement:  the Kyrgyz Republic , and the Republic of Armenia, the 
 Republic of Belarus, the Republic of Kazakhstan and 
 the Russian  Federation  
 
Date of Signature:   23 December  2014  
 
Date of Entry into Force:   12 August  2015 
 
Date of Notification:   1 September  2015 
 
Full implementation :  2025 (G &S)  
 
 
 
1  TRADE ENVIRONMENT  
1.1.  On 12 August 2015, the Kyrgyz Republic became the fifth full-fledged Member of the 
Eurasian Economic Union (hereafter, "EAEU") together with the Republic of Armenia, the Republic 
of Belarus, the Republic of Kazakhstan and the Russian Federation.  
1.2.  With 6.08 million inhabitants in 2016, the Kyrgyz Republic is the second smallest EAEU 
member State after the Republic of Armenia.1 Its GDP was estimated at US$6,551 million in 2016; 
the corresponding figure for the EAEU(4)2 was US$1,474  billion. In 2016, the Kyrgyz Republic 
ranked 110th as regards global  exports and 103rd as regards global imports  of goods ; and for trade 
in services, it ranked 104th and 111th (excluding intra -EU trade). In the same year, the Kyrgyz 
Republic's world exports reached US$1.5 billion and imports US$3.9 billion.3 Also in 2016, the 
EAEU's  global ranking was 9th and 12th for merchandise exports and imports; and 12th and 10th for 
exports and imports of commercial services (excluding intra -EU trade).4 Its world merchandise 
exports and imports were estimated at US$343.7 billion and US$247.4 bi llion, respectively.  
1.3.  During 2012 -2014, the Kyrgyz Republic's global exports and imports were dominated by 
precious stones and minerals. In the same period, the EAEU's global exports were largely 
concentrated in mineral products , while imports were dominate d by machinery.  
1.1  Merchandise trade  
1.4.  In 2016, the Kyrgyz Republic accounted for a relatively small share of the EAEU's global 
exports and imports, ranking 21st and 38th, respectively; in contrast, the EAEU is the Kyrgyz 
Republic's second  largest  and largest e xport and import market. On average, nearly two fifth s of 
the Kyrgyz Republic's trade is carried out with the EAEU.5  
1.5.  As shown  in Chart 1.1, the Parties' trade with the world has grown steadily since 2000 – the 
major exception being a sharp decline in 2009  due to the 2008 -2009 world economic crisis. In 
2014, the fall in  both the Kyrgyz Republic's and the EAEU's global trade flows coincided with an 
economic slowdown in the EAEU. Throughout the 2000 -2016 period, the EAEU remained a net 
exporter to the world. The Kyrgyz Republic, in contrast, has continually run a trade deficit, 
reaching a peak of nearly US$ 6 billion in 2013, followed by a narrowing of the deficit in 2014  –
                                                
1 World Bank data. Viewed at: 
https://data.worldbank.org/indicator/SP.POP.TOTL?locations=KG&view=chart   
2 In this Factual Presentation, EAEU(4) includes the Armenia, Belarus, Kazakhstan and the Russian 
Federation – while EAEU(5) also includes the Kyrgyz Republic. EAEU data in "Trade En vironment" is the 
aggregation of member States data; it does not constitute official data from the EAEU.  
3 Trade statistics from WTO trade profiles 2017. Viewed at: 
https:// www.wto.org/english/res_e/booksp_e/trade_profiles17_e.pdf   
4 WTO World Trade Statistical Review 2017. Viewed at: 
https://www.wto.org/english/res_e/statis_e/wts2017_e/wts17_toc_e.htm   
5 UNSD, Comtrade Database. Excludes intra -EU trade.  WT/REG366/1  
 
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   2016. Bilateral trade followed a similar trend, and in relative terms, the Kyrgyz Repub lic's trade 
deficit  with the EAEU widened  during the 2001 -2014 period, before contracting in 2015.  
Chart 1.1 EAEU -Kyrgyz Republic : Merchandise bilateral trade and with world, 2000 -2016  
 
Note:  EAEU : Armenia, Belarus, Kazakhstan, Russian Federation.  
Source:  WTO-IDB, ITC TradeMap and UNSD Comtrade database.  
 
1.6.  The commodity structure of trade between the Kyrgyz Republic and the EAEU, as well as both 
Parties' global trade during the three year period 2012 -2014 are shown in Chart 1.2 on the basis 
of Harmonized System (HS) sections. While more than half of the EAEU's imports from the Kyrgyz 
Republic are composed of textiles, vegetables and minerals – respectively correspondin g to 28%, 
16% and 11%; the Kyrgyz Republic's global exports appear to be more concentrated, with 
precious stones accounting for 38%, followed by minerals and textiles at 12% and 9%, 
respectively.  
1.7.  Throughout the same period, the three commodities most impo rted by the Kyrgyz Republic 
from the EAEU, and also the main categories of EAEU global exports – minerals, prepared food and 
base metals – accounted  for 48%, 11% and 8%, respectively  of Kyrgyz's imports from the EAEU .  
012345678
012345678
2000 2002 2004 2006 2008 2010 2012 2014 2016B. Kyrgyz Republic 2000 -2016
(US$ billions)
Imports from EAEU (Right Axis)
Exports to EAEU (Right Axis)
Total Imports
Total Exports
0.00.51.01.52.02.53.03.54.04.55.0
0100200300400500600700800
2000 2002 2004 2006 2008 2010 2012 2014 2016A. EAEU 2000 -2016 
(US$ billions)
Imports from Kyrgyz Republic (Right Axis)
Exports to Kyrgyz Republic (Right Axis)
Total Imports
Total ExportsWT/REG366/1  
 
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  Chart 1.2 EAEU and the Kyrgyz Republic : Product composition of merchandise trade, 
annual average (2012 -2014)  
 
Note:  EAEU - Armenia, Belarus, Kazakhstan, Russian Federation.  
Source:  WTO-IDB, ITC TradeMap and UNSD Comtrade database.  
 
1.2  Trade in services and investment  
1.8.  Charts 1.3 -1.4 show the composition of global commercial services trade for the EAEU and 
the Kyrgyz Republic in 2005 -2016. Bilateral statistics for trade in services are not available. During 
this period, the EAEU was a net i mporter of tra vel, construction, financial, telecommunication  
(except for 2007)  services and charges for the use of intellectual property. It had a surplus in 
transport, manufacturing and maintenance and repair  (except for 2016)  services. Travel, transport  
and construction services remain the major sectors for the EAEU.  
1.9.  Throughout the same period, the Kyrgyz Republic was a net importer of transport, insurance 
and financial (except for a surplus in 2008 and 2009) services. It had a surplus in construction, 
travel (except for 2016), and personal, cultural and recreational services (except for 2005 -2006 
and 2015 -2016). Travel, transport, and maintenance and repair remain the major sectors for the 
Kyrgyz Republic.  
28
16
117665544323EAEU's imports from Kyrgyz Republic 
(%)
30
16
1175444433225EAEU's Global Imports (%)
38
12 98643322210Kyrgyz Republic's Global Exports 
(%)
48
11866433326Kyrgyz Republic's imports from EAEU 
(%)
738522226EAEU's Global Exports(%)Total: US$ 481 millionTotal: US$ 335,382 million
Total: US$ 5,676 millionTotal: US$ 585,681 millionTotal:  US$ 1,780 million
Total: US$ 2,535 million
Animal or 
vegetable fats 
and oilsVegetablesLive animals
ChemicalsMineralsPrepared 
foods
Wood pulpWood and articles 
of woodPlastics
Articles of stone, 
plaster, cementTextiles
MachineryBase metals
Precious 
stonesOpticalVehicles
OtherMiscellaneous22
14
11
98864332226Kyrgyz Republic's Global 
Imports(%)WT/REG366/1  
 
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  Chart 1.3 EAEU: Trade in commercial services data with world, 2005 -2016  
 
Note:  Based on BPM6, EAEU - Armenia, Belarus, Kazakhstan, Russian Federation.  
Source:  WTO Statistics Database and the Central Bank of the Russian Federation webp age (data viewed 
from: http://www.cbr.ru/eng/statistics/Default.aspx?PrtId=svs ). 
 
Chart 1.4 Kyrgyz Republic: Trade in commercial services  data with world, 2005 -2016  
 
Note:  Based on BPM6.  
 No trade data on Manufacturing services (2005 -2013, 2016) and Maintenance and repair services 
(2005 -2013, 2016), Charges for the use of intellectual property (2008). No export data on 
Manufacturing services for 2014.  
Source:  WTO Statistics Database.  
Manufacturing services on physical 
inputs owned by others
Maintenance & repair services, n.i.e.
Transport services
Travel servicesInsurance and pension 
services
Financial services
Charges for the use of 
intellectual property n.i.e.Telecom, computer and 
information services
Other business servicesConstruction services
Personal, cultural and 
recreational services020406080100120140160
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016A. EAEU imports from world
2005 -2016
(US$ Billion)
020406080100120140160
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016B. EAEU exports to world
2005 -2016
(US$ Billion)
Manufacturing services on physical 
inputs owned by others
Maintenance & repair services, n.i.e.
Transport services
Travel servicesInsurance and pension 
services
Financial services
Charges for the use of 
intellectual property n.i.e.Telecom, computer and 
information services
Other business servicesConstruction services
Personal, cultural and 
recreational services0.00.20.40.60.81.01.21.41.61.82.0
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016A. Kyrgyz Republic imports from world
2005 -2016
(US$ Billion)
0.00.20.40.60.81.01.21.41.61.82.0
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016B. Kyrgyz Republic exports to world
2005 -2016
(US$ Billion)WT/REG366/1  
 
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  1.10.   Chart 1.5 presents the EAEU's trends in foreign direct investment ("FDI") with the world 
during 2005 -2016, showing that it was a net importer of FDI in terms of stocks and flows for most 
of the period analysed. Despite some fluctuations, the trend in the EAEU FDI stock has generally 
been upward , while FDI flows grew to a lesser extent and peaked  in 2008 and 2013. During the 
same period, the Kyrgyz Republic was a net importer of global FDI st ocks and flows, as depicted in 
Chart 1.6. While the Kyrgyz Republic's FDI inward stock grew linearly reaching US$5.1 billion  in 
2016, its inward flows have fluctuated since 2008, averaging US$409 million. The development of 
FDI outward stock s and flow larg ely followed a linear trend during 2007 -2016.  Bilateral FDI 
information is not available.  
Chart 1.5 EAEU: FDI stock and flow with world, 2005 -2016  
Note:  EAEU - Armenia, Belarus, Kazakhstan, Russian Federation . 
Source:  UNCTAD, Kazakhstan authorities, Central Bank of the Russian Federation data viewed at 
http://www.cbr.ru/eng/statistics/Default.aspx?PrtId=svs . 
 
Chart 1.6 Kyrgyz Republic: FDI stock and flow with world, 2005 -2016  
Note:  No outward FDI flow and stock for 2005 and 2006.  
Source:  UNCTAD, Central Bank of the Russian Federation data viewed at : 
http://www.cbr.ru/eng/statistics/Default.aspx?PrtId=svs . 
0100200300400500600700800
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016EAEU FDI stock with world
2005 -2016
(US$ Billion ) 
Outward Inward
0100200300400500600700800
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016EAEU FDI flow with world
2005 -2016
(US$ Billion ) 
Outward Inward
01,0002,0003,0004,0005,0006,000
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016Kyrgyz Republic FDI stock with world
2005 -2016
(US$ Million ) 
Outward Inward
-20002004006008001,0001,200
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016Kyrgyz Republic FDI flow with world
2005 -2016
(US$ Million ) 
Outward InwardWT/REG366/1  
 
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  2  CHARACTERISTIC ELEME NTS OF THE TREATY  
2.1.  On 29 May 2014, the "Treaty on the Eurasian Economic Union" between the Russian 
Federation, the Republic of Belarus and the Repub lic of Kazakhstan was signed; it entered into 
force on 1 January 2015. The Treaty provides for a common market for goods, services, capital 
and labour as well as coordinated and agreed policy in different areas. On 23 December 2014, the 
Treaty on Accession  of Kyrgyz Republic to the EAEU was signed ; further elements of the accession 
were defined in two protocols signed on 8 May 2015.  
2.2.  In acceding to the EAEU, the Kyrgyz Republic accedes to the totality of the EAEU legal 
framework, in accordance with the "Treaty on the Accession of the Kyrgyz Republic to the EAEU" 
(hereafter, the "Accession Treaty"), as follows:  
a. Kyrgyz Republic accedes to the  EAEU Treaty as well as other international treaties 
concluded in the context of the Customs Union (CU) and the Singl e Economic Space 
(SES) (in force since 2010 and 2012, respectively), which are part of the EAEU legal 
framework . These are listed in the Annex to the Accession Treaty ;6  
b. the required modifications to the EAEU legal framework following the Kyrgyz Republic 's 
accession are included in the "Protocol on Amend ments to the Treaty on the Eurasian 
Economic Union of 29 May 2014 and Separate International Agreements Incorporated 
into the Law  of the Eurasian Economic Union, in view of the Accession of the Kyrgyz 
Republic to the Treaty on the Eurasian Economic Union of 29 May 2014 " (hereafter the 
"Amendments Protocol") , dated 8 May 2015 ;  
c. the "Protocol on the Conditions and Transitional Provisions on the Application by the 
Kyrgyz Republic of the Treaty on the Euras ian Economic Union of 29 May, 2014, 
Separate International Treaties, Incorporated into the Law of the Eurasian Economic 
Union, and the Acts of the Bodies of the Eurasian Economic Union due to the Accession 
of the Kyrgyz Republic to the Treaty on the Eurasi an Economic Union of 29 May, 2014" 
(hereafter the "Protocol on Transitional Provisions")  includes in its Annex 1 the 
transitional measures pending Kyrgyz Republic 's full implementation of the EAEU legal 
framework , and in Annex 2 its temporary exceptions to  the EAEU common external tariff 
(CET) ; and 
d. as of its accession, the Kyrgyz Republic  will implement all Acts and Decisions adopted by 
the bodies of the EAEU as well as those of the CU  (Article 4) which were in effect on the 
date of entry into force of the Accession Treaty, taking into account provisions of the 
Protocol specified in sub -paragraph c above . 
2.3.  The relationship between the Kyrgyz Republic's accession to the EAEU  and its WTO 
Membership is regulated by Article 5 of the Accession Treaty and Annex 1 of the Protocol on 
Transitional Provisions. Articles 6 and 7 of the Accession Treaty address the abolition of customs 
control of goods and vehicles transported through th e Kyrgyz -Kazakh border  as well as the 
abolition of sanitary and phytosanitary control through that same border . The Accession Treaty 
also provides for  the ratio of d istribution of import customs duties amount s, disputes relating to its 
interpretation and implementation as well as its entry into force (Articles 8, 10 and 11 of the 
Accession Treaty).   
2.4.  The Factual Presentation on the " Treaty on the Eurasian Economic Union" (hereafter, the 
EAEU Treaty), distributed in document  WT/REG358/1, explains in detail t he functioning, rules and 
regulations of the EAEU , while the accession of Armenia to the EAEU is addressed in the Factual 
Presentation distributed in WT/REG363/ 1. A full understanding of  the Kyrgyz Republic 's accession 
to the EAEU, dealt with in the curren t Factual Presentation, will therefore benefit from a joint 
consideration of all of these  documents.  
                                                
6 Annex 1 lists 34 legal instruments to which the Kyrgyz Republic is acceding as a consequence to its 
EAEU accession. They include iss ues like inter alia  rules of origin, preferences for developing and least -
developed countries, register of intellectual property objects, etc. The specific language to be modified in such 
legal instruments – basically adding "Kyrgyz Republic" to countries to which the relevant provisions apply - is 
included in the Amendments Protocol to the Accession Treaty, dated 8 May 2015.  WT/REG366/1  
 
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  2.1  Background Information  
2.5.  On 1 September  2015, the Kyrgyz Republic  notified the " Treaty on the Accession of the 
Kyrgyz Republic  to the Treaty on the Eurasian  Economic Union of 29 May 2014 " under both 
Article  XXIV of the GATT 1994 and Article V of the GATS (WT/REG36 6/N/1 and S/C/N/ 823). The 
Accession Treaty was signed on 23 Decem ber 2014; following the completion of ratification 
procedures, it entered into forc e on 12 August  2015, when  the Kyrgyz Republic  became the fifth 
member State of the EAEU.  The EAEU Treaty had entered into force the on 1 January 2015 ; on 
2 January 2015, Armenia acceded to the EAEU . 
2.6.  At the time of the entry into force  of the Accession Treaty , Armenia, the Kyrgyz Republic  and 
the Russian Federation w ere WTO Member s; Kazakhstan acceded to the WTO on 30 November 
2015. As of June 2018, Belarus remains in the process of acceding to the WTO.   
2.7.  Strengthened ties between the Kyrgyz Republic and other EAEU member States  dates back to 
1996 and the signature, jointly with Belarus, Kazakhstan and the Russian Federation , of the  
framework agreement for the establishment of a common market – the "Treaty on Increased 
Integration in the Economic and Human itarian Fields". By 1999, this was complemented by the 
Treaty on the CU and the SES, signed by all of the four countries and Tajikistan, which elaborated 
on the gradual creation of the  common market through stages to be defined . In 2000, the now five 
count ries signed the "Treaty on the Establishment of the Eurasian Economic Community " 
(EurAsEC), thus establish ing it  as an international organization with legal personality . The 2003 
framework " Treaty on the Establishment of the Common Economic Zone " provided a roadmap for 
the establishment of a free -trade area between the five countries; however, by 2006, it was 
decided that Belarus, Kazakhstan and Russia n Federation  would accelerate efforts aimed at the 
establishment of the CU, while the Kyrgyz Repu blic and Tajikistan would join the organization as 
soon as they were ready. The CU Treaty was signed in October 2007 and entered into force on 1 
January 2010 .  
2.8.  In 2011, the EurAsEC Interstate Council agreed that conditions were in place to ensure 
accession  of the Kyrgyz Republic to the Eurasian integration project . In 2013 , a Memorandum was 
signed between the Eurasian Economic Commission (hereafter, " EEC" or "Commission" ) and the 
Kyrgyz Republic aimed at deepening cooperation between the Kyrgyz Republic and  the CU and CES 
member States in various economic sectors. In October 2014, the road map for the accession of 
the Kyr gyz Republic to the CU and CES wa s signed; it provided for the adoption of more than 180 
measures in various fields, including customs admi nistration; technical regulations, sanitary, 
phytosanitary, and veterinary measures; transportation and infrastructure; tariff and non -tariff 
regulations; anti -dumping;  trade, and financial policies ; and statistics. The vast majority of these 
had a deadlin e for completion of either 2014 or 2015 , while  a few were left for 2017–2018.  
2.9.  The CU and the SES were terminated  when the EAEU was established  (Article 113 of the 
EAEU Treaty) .7 Numerous legal instruments of the CU and the SES have however been 
incorporated into EAEU law; whenever relevant, they will be referred to in this Factual 
Presentation.   
2.10.   On 23 December 2014, given the significant progress in the implementation of the road  
map measures for its accession to the CU and the SES, the Treaty on Accession of Kyrgyz Republic 
to the EAEU was signed at the session of the Supreme Eurasian Economic Council (hereafter, the 
"Supreme Council"). Further elements were defined in two protoc ols signed at the Supreme 
Council meeting of 8 May 2015. On 12 August 2015, after implementation of all the required road 
map measures and the completion of the ratification procedures, the Kyrgyz Republic became a 
full member of the EAEU . On 11 A pril 2017 , a new Protocol was signed revisiting the ratio of 
distribution  of import customs duties amounts collected .  
2.11.   The structure of legal instruments relating to the Kyrgyz Accession to the EAEU is presented 
in Box 2.1. 
                                                
7 Numerous other agreements were also terminated, including the EurAsEC Treaty.  A full list of the 
terminated legal instruments is i ncluded in annex 33 to the EAEU Treaty.  WT/REG366/1  
 
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  Box 2.1 Structure of Legal Instruments on the Kyrgyz Republic 's Accession  to the EAEU  
Treaty on Accession of the Kyrgyz Republic  to the Treaty on  the EAEU  of 29 May 2014  (dated 23 
December 2014)  
 Annex  List of International Treaties included into the Law of the EAEU to which Kyrgyz Republic joined  
Protocol on Amendments to the Treaty on the EAEU  of 29 May 2014 and Separate International 
Agreements Incorporated into the Law of the EAEU, in view of the Accession of the Kyrgyz Republic 
to the Treaty on the EAEU of 29 May 2014 (dated 8 May 2015)  
 Annex   Amendments to be introduced into the Treaty on  the EAEU of 29 May 2014 and  
   international treaties incorporated into the law of the EAEU  
Protocol on the Conditions and Transitional Provisions on the Application by the Kyrgyz Republic of 
the Treaty on the EAEU  of 29 May, 2014, Separate International Treaties, Incorporated into the Law 
of the EAEU, and the Acts of the Bodies of the EAEU due to the Accession of the Kyrgyz Republic to 
the Treaty on the EAEU of 29 May, 2014  (dated 8 May 2015)  
 Annex 1  The Condition s and Transitional Provisions on the Application by the Kyrgyz Republic of 
   the Treaty on the EAEU of 29 May, 2014, Separate International Treaties, Incorporated 
   into the Law of the EAEU, and the Acts of the Bodies of the EAEU due to the Accession 
   of the Kyrgyz Republic to the Treaty on the EAEU of 29 May, 2014  
 
Annex 2  List of Goods and Rates for which during Transition Period the Kyrgyz Republic Applies the 
Rates of Import Customs Duties Different from Duty Rates Established by the Common 
Customs Tariff of the EAEU  
Protocol on the Application of Separate Provisions of the Treaty  on Accession of the Kyrgyz 
Republic to the Treaty on the EAEU of 29 May 2014, signed on December 23, 2014 (dated 11 April 
2017)  
 
3  PROVISIONS ON TRADE IN GOODS  
3.1.  Among members of the EAEU  – and the Kyrgyz Republic  since its accession  - a customs 
union with a single internal market for goods, common customs regulations and a common 
external trade regime is in operation. The common customs regulations are implemented  in 
accordance with the provisions of the EAEU Treaty  and Kyrgyz Republic 's Accession Treaty , 
international agreements and acts constituting the law of the EAEU governing customs relations . 
3.1  Trade l iberalization between the Parties  
3.2.  Prior to its accession to  the EAEU, all trade between  the Kyrgyz Republic  and each of the 
EAEU member States was already duty -free, in accordance with various bilateral an d plurilateral 
free trade agreements ( FTAs) in force between the m (see Section 5.5).  
3.3.  Table 3.1 and Table  3.2 show the duty free tr eatment provided between the EAEU and the 
Kyrgyz Republic , disaggregated in terms of MFN and preferential treatment under existing FTAs. In 
2015, the Kyrgyz Republic benefitted from MFN duty -free treatment in the EAEU for 14.9% of 
EAEU tariff lines,8 accou nting for 23.7% imports by the EAEU from the Kyrgyz Republic during 
2012-2014; duty-free preferential treatment was applied to 85.1% of lines in the EAEU tariff, 
corresponding to 76.3% of imports from the Kyrgyz Republic in 2012 -2014. Figures on 
MFN/prefer ential duty -free treatment provided by the Kyrgyz Republic towards EAEU member 
States show a similar breakdown in terms of percentage of tariff lines – around  16% MFN and 8 4% 
preferential. In terms of trade, preferential trade is even more important, reaching 93.2%  of 
average 2012 -2014 imports.  
 
                                                
8 In 2015, the Russian Federation's applied MFN tariff consisted of 11,711 lines at the HS 10 -digit level, 
of which 85.2% had ad valorem  rates of duty. Of the remainder, 1,440 had mixed duty rates, 274 specific 
duties, and 19 compound rates.  WT/REG366/1  
 
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  Table 3.1 EAEU: Duty -free treatment towards Kyrgyz Republic  and corresponding 
average trade  
Duty phase -out 
period  Number of 
lines  % of lines in 
EAEU's Tariff 
Sched ule Value of EAEU's 
imports from  
 Kyrgyz Republic  
(US$ million)  
2012 -2014  % of total EAEU's 
imports from  
Kyrgyz Republic  
2012 -2014  
MFN (2015)  1,746  14.9 114.2  23.7 
Preferential duty -free  9,965  85.1 367.6  76.3 
Total 11,711  100.0  481.8  100.0  
Note:  EAEU's tariff is based on Russia's MFN2015 . EAEU - Armenia, Belarus, Kazakhstan and Russia n 
Federation . 
 Based on HS 2012 nomenclature at the HS 10 -digit tariff line level.  
Source:  WTO-IDB, WTO -TPR and UNSD, Comtrade database . 
 
Table 3.2 Kyrgyz Republic : Duty -free treatment towards EAEU  member States  and 
corresponding average trade  
Duty phase -out 
period  Number of 
lines  % lines in 
Kyrgyz 
Republic's 
Tariff 
Schedule  Value of Kyrgyz 
Republic's imports 
from EAEU  
(US$ million)  
2012 -2014  % of total Kyrgyz 
Republic's imports 
from EAEU  
2012 -2014  
MFN (2015)  1,898  16.2 174.9  6.8 
Preferential duty -free  9,813  83.8 2,411.4  93.2 
Total 11,711  100.0  2,586.3  100.0  
Note:  EAEU - Armenia, Belarus, Kazakhstan and Russian Federation.  
 Based on HS 2012 nomenclature at the HS 10 -digit tariff line level.  
Source:  WTO-IDB and WTO-TPR. 
 
3.4.  The EAEU Treaty provides for an internal market with free movement of goods – with trade 
free of import and export duties and other charges havi ng equivalent effect, non -tariff measures 
and trade defence instruments, except as otherwise provided for in the Treaty (Articles 3, 25 and 
28 of the EAEU Treaty ). Once a good is within the territory of the Union, trade is carried out 
without customs decla rations and controls such as transport, sanitary, veterinary, etc. except as 
otherwise provided for in the Treaty of Accession or the EAEU Treaty.  
3.5.  The EAEU legal framework provides for the possibility to apply certain exceptions to the free 
movement of go ods, as follows : 
a. goods imported from third -parties under temporary country -specific exceptions to the 
CET, as applied by the Kyrgyz Republic, Armenia and  Kazakhstan (see Section 3.2). T he 
tariff differential between  the Kyrgyz Republic 's lower tariffs and the CET may be paid to 
allow further circulation of goods within other EAEU parties ;  
b. goods exported from  the Kyrgyz Republic  which benefit from any of the transition 
period s provided for in the Accession Treaty, in accordance with the terms and 
conditions  specified therein and addressed in various sections of this Factual 
Presentation; and  
c. in accordance with Article 29 of the EAEU Treaty, goods to which the general and/or 
security exception clauses apply.  
3.6.  On the basis of the value of imports from third -parties (average for 2012-2014; for Belarus, 
2012-2013 only), in 2015, 0.09% of extra-EAEU imports were of  goods which correspond to the 
Kyrgyz Republic 's temporary exceptions to the CET; in 2016  the average  was 0.088%.  However, 
information is not available on whether these imports were of products originating in the EAEU or 
from third -parties.  WT/REG366/1  
 
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  3.7.  Free (special)  economic  zones (FEZs) and free warehouse s, established in the Kyrgyz 
Republic  in accordance with domestic legislati on, are authorized under Article 27 of the EAEU 
Treaty . As of April 2018, there are five FEZs established in the Kyrgyz Republic: Bishkek, Karakol, 
Naryn, Lalick and Majmak.  
3.2  Trade with third parties  
3.2.1   Application by Kyrgyz Republic  of the EAEU's CET  
3.8.  The application by  the Kyrgyz Republic  of the EAEU's CET is regulated by Section s IV and  V 
and Annex 2 of the Protocol on Transitional Provisions , based on t wo underlying principles  - 
namely the full  harmonization of the Kyrgyz Republic 's MFN rates with the CET following a 
transition period and respect for WTO obligations and of the Treaty on Functioning of the Customs 
Union within the Multilateral Trading System of 19 May 2011 (hereafter, "Treaty on the Multilateral 
System"), which is p art of the EAEU legal framework. In short, the Treaty on the Multilateral 
System provides that from the date of accession of any EAEU member State to the WTO, the 
provisions of the WTO Agreement, as set -out in its Protocol of Accession, which related to ma tters 
that the member States had authorised the Supreme Council and the EEC to regulate in the 
framework of the EAEU, as well as to the legal relationships regulated by the international treaties 
constituting the legal framework of the EAEU, become an inte gral part of the legal framework of 
the CU and later the EAEU. EAEU member States are obliged, when concluding  an international 
agreement within the EAEU, to ensure that such EAEU agreement is consistent with the WTO 
Agreement.  
3.9.  As per Section IV of Annex 1  to the  Protocol on Transitional Provisions , the Kyrgyz Republic  
has committe d to renegotiate its WTO bound rates , with  renegotiations be ing conducted by a 
delegation appointed by the Council of the EAEU Commission (paragraph 41). A joint delegation, 
compr ising representatives of Kyrgyz Republic, Armenia, Belarus, Kazakhstan, Russian Federation 
and the EAEU Commission9 was later appointed  (Order of the Council of the Commission No 16 of 9 
August 2016 ). The r esults of the renegotiations shall first be approved by the Council of the 
Commission prior to their final adoption in the WTO; following that, the CET shall be modified 
accordingly.  
3.10.   Procedures under Article s XXIV:6 and XXVIII of the GATT 1994 for the modi fication of 
Kyrgyz Republic 's Schedule CXLII  were initiated by Kyrgyz Republic  in April 2015,10 with in 
particular  the circulation of relevant data.  
3.2.1.1   Level of harmonization  
3.11.   Upon its accession, the Kyrgyz Republic has been given a number of temporary exceptions 
to the CET , and as of 202 0, the CET will apply in ful l.11 Until that time Kyrgyz Republic  is to ensure 
that goods imported under rates lower than the CET remain in its territory , and to take measures 
ensuring that in case of exportation to other EAEU member States, tariff differential s are paid .12 
The Commission is responsible for compiling and updating the Kyrgyz Republic 's CET exception list 
of goods/rates (paragraph 4 3 of Annex 1 to the Protocol on Transitional Provisions ). 
3.12.   Chart 3.1 illustrates  the level of harmonization of the CET – as applied by Belarus and the 
Russian Federation13 - and the Kyrgyz Republic 's MFN rates for 2015 -2021, by the number of tariff 
lines and extra -EAEU( 5) imports  (import data is based on the average 2012 -2014, for Belarus, 
2012-2013 only ). A breakdown of the duty free/dutiable CET rates is also provided. Exceptions  are 
                                                
9 The Commission representatives are the Deputy -Director of the Department of Trade Policy, the Head 
and an Expert of the Division of Interaction with the WTO and other International Organizations of the Trade 
Policy Department .  
10 G/SECRET/38.  
11 Annex 2 to the Protocol on Transitional Provisions lists, for all of Kyrgyz's exceptions to the CET, the 
applied MFN rate for the period 2015 -2020. The CET rates may however vary during this period; accordingly, it 
may happen that a CET ex ception becomes redundant.  
12 Other member States are free to establish procedures for the entry of such goods into their territory. 
Detailed provisions are provided for with respect to motor vehicles of HS 87; these are in accordance with what 
is described in paragraphs 3.53.   
13 Armenia and Kazakhstan have CET exceptions; therefore, the CET is applied in its totality only by 
Belarus and the Russian Federation.  WT/REG366/1  
 
- 14 - 
 
  granted for less than 2% of the tariff lines  and b y 2018  their number will marginally decrease . 
Imports from third parties under tariff lines subject  to these exceptions accounted for around 9% 
of the Kyrgyz Republic's third party imports during the 2012 -2014 period (2012 -2013 data for 
Belarus) . 
Chart 3.1 Kyrgyz Republic  - Application of CET and exceptions and corresponding 
average trade, 2015 -2019 
 
Note:  Based on HS 2012 nomenclature.  
 Average imports 2012 -2014; f or Belarus, 2012-2013.  Import data for Russian Federation and 
Armeni a are at 8 -digit level, while the ta riff is at 10 -digit level. I mports were aligned with the 10 -
digit tariff line data.  
KGZ: Kyrgyz Republic . 
ROW:  Rest of the world.  
CET: The Parties agreed that the Russian Federation MFN tariff is the CET.  In this table, the CET is that as 
applied by Belarus and the Russian Federation (Kazakhstan and Armenia apply CET exceptions). As 
of 2017, 2016 CET rates are used.  
KGZ 2015:  Russian  Federation  MFN 2015 + Kyrgyz Republic 's Exception for 2015  
KGZ 2016-2019: Russian Federation MFN 2016 + Kyrgyz Republic 's Exception for 2016 -2019. 
Source:  Kyrgyz Republic authorities, WTO-IDB, WTO -TPR and UNSD, Comtrade database . 
 
3.13.    Additional details on CET exceptions are provided in  Table 3.3, which shows that the vast 
majority will be eliminated at the end of the transition period . In 2015, the Kyrgyz Republic's CET 
exceptions were in force for 166 tariff lines, accounting for a negligible (0.09% ) of extra -EAEU(5) 
imports (average of 2012 -2014, 2012 -2013 for Belarus); in 2019, the corresponding numbers will 
be 145 tariff lines, representing 0.087% of EAEU's imports from third parties  during 2012 -2014 
and 2012 -2013 for Belarus . 
0%10%20%30%40%50%60%70%80%90%100%
2015 2016 2017 2018 2019 2015 2016 2017 2018 2019 2015 2016 2015 2016
KGZ - Tariff lines KGZ - Imports ROW CET - Tariff lines CET - Imports
ROW
Exception CET CET, duty-free CET, dutiableWT/REG366/1  
 
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  Table 3.3 Kyrgyz Republic: CET exceptions and trade with third parties, 2015 -2019  
Tariffs (year)  No of lines  % imports from ROW (2012 -2014)a by 
Kyrgyz Republic  EAEU(5)  
2015 
    of which:   lower than the CET 166 
166 9.39 0.090  
2016 
of which:      equal to the CET  
lower than the CET   165 
 1 
164  
9.40 0.090  
2017 
of which:      equal to the CET  
lower than the CET  152 
1 
151 9.20 0.088  
2018 
 of which:      equal to the CET  
lower than the CET  145 
1 
144 9.11 0.087  
2019 
of which:     equal to the CET  
lower than the CET  145 
1 
144 9.11 0.087  
Note:  Based on HS 2012 nomenclature.  
a Except for Belarus where import coverage is for 2012-2013.  
Source:  Kyrgyz Republic  authorities, WTO -IDB, WTO-TPR and UNSD, Comtrade  database . 
 
3.14.   Elimination of the Kyrgyz Republic's exceptions are back -loaded – by 2019, exceptions 
would still be in force on 145 tariff lines (out of a total of 166 exceptions in 2015) ; all of these will 
be eliminated by 1 January 2020.  In Chart 3.2, the evolution of the Kyrgyz Republic's CET 
exceptions is plotted jointly with its corresponding  MFN average ; it can  be seen that there is no 
progressive increase of the MFN rates towards the CET and that the CET rate is rather attained in a 
single instalment.  
Chart 3.2 Kyrgyz Republic: Evolution of CET exceptions and corresponding MFN rates, 
2015 -2019  
 
Source:  Kyrgyz Republic authorities, WTO -IDB, WTO -TPR. 
 
 
 
0.00.51.01.52.02.5
020406080100120140160
2015 2016 2017 2018 2019Exceptions MFN, av (%) Noof lines
Exceptions: average KGZ MFN, % KGZ MFN duty-free, CET exception KGZ MFN dutiable, CET exceptionWT/REG366/1  
 
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  3.15.   Chart  3.3 provides details of the Kyrgyz Republic's CET exceptions by HS Section for 2015 -
2019. Average a pplied rates for the Kyrgyz Republic and under the CET are the same in HS 
Sections 1-5, 8-14, 19  and 21  for both years ,14 and Section 20  (miscellaneous)  for 2016. In other 
Sections, the Kyrgyz Republic's applied rates are lower than those of the CET.  
Chart 3.3 CET and Kyrgyz Republic  MFN rates, 2015 -2019, by HS Section  
 
Note:  Averages have been calculated on the basis of Russian Federation MFN tariffs incorporating Kyrgyz 
Republic 's temporary exceptions. For the calculation of averages, specific rates are excluded and the 
ad valorem  equivalent or the ad valorem  parts of alterna te rates are included.  
 Based on the HS 2012 nomenclature.  
Source:  Kyrgyz Republic  authorities  and WTO-TPR.  
 
3.16.   Table 3.4 indicates the Kyrgyz Republic 's average tariffs and imports by HS Section before 
accession and during the transition period. The Kyrgyz Republic's average MFN applied rate has 
increased during this period for all HS Sections except 21 (works of art), for which the average 
MFN rate was  reduced in that period.  
Table 3.4 Kyrgyz Republic: Tariffs before and after accession to the EAEU and 
corresponding imports, by HS section  
HS 
Section  Kyrgyz Republic's average MFN rates (%)  ROW imports US$ 
million (2012 -2014)  2014  2015  2016  2017  2018  2019  
1 9.3 19.1 19.1 19.1 19.1 19.1 90.4 
2 7.4 8.0 7.6 7.6 7.6 7.6 49.9 
3 9.0 9.3 9.2 9.2 9.2 9.2 15.0 
4 10.1 11.7 12.3 12.3 12.3 12.3 157.9  
5 4.0 4.4 4.4 4.4 4.4 4.4 41.7 
6 2.6 4.7 4.6 4.6 4.6 4.6 326.2  
7 1.3 6.8 6.0 6.2 6.2 6.2 191.3  
8 2.1 6.1 5.7 5.7 5.7 5.7 9.7 
9 0.0 10.8 9.3 9.3 9.3 9.3 33.7 
10 0.0 8.9 7.8 7.8 7.8 7.8 49.2 
                                                
14 HS Section 1 (live animals) , 2 (vegetable products), 3 (animal or vegetable fats), 4 (prepared 
foodstuffs), 8 (raw hides and skins), 9 (wood), 10 (pulp of wood), 11 (textiles), 12(footwear), 13 (articles of 
stone), 14 (precious stones), 19 (arms and ammunition), and 21 (works of art ). 
02468101214161820
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
HS SectionsAverage applied tariff (%)
2015 2016 2017 2018 2019 CET 2015 CET 2016WT/REG366/1  
 
- 17 - 
 
  HS 
Section  Kyrgyz Republic's average MFN rates (%)  ROW imports US$ 
million (2012 -2014)  2014  2015  2016  2017  2018  2019  
11 7.8 9.3 8.1 8.1 8.1 8.1 346.8  
12 9.1 9.0 8.8 8.8 8.8 8.8 67.8 
13 7.8 12.3 11.5 11.5 11.5 11.5 73.9 
14 10.0 15.9 13.8 13.8 13.8 13.8 9.1 
15 1.5 7.2 6.7 6.7 6.7 6.7 285.9  
16 2.6 3.9 3.4 3.4 3.4 3.4 560.4  
17 6.4 8.3 8.0 8.0 8.0 8.0 722.5  
18 3.1 5.3 4.7 4.7 4.7 4.7 45.4 
19 0.0 17.8 16.0 16.0 16.0 16.0 0.4 
20 5.0 11.9 11.9 11.9 11.9 11.9 64.3 
21 2.9 0.0 0.0 0.0 0.0 0.0 0.0 
Total 5.0 8.6 8.2 8.2 8.2 8.2 3,141.6  
Note:  For the calculation of averages, specific rates are excluded and the ad valorem  equivalents or 
ad valorem  parts of alternate rates are included.  
 Kyrgyz Republic's MFN rates for 2015 are the Russian Federation MFN rates for 2015 combined with 
Kyrgyz Republic's 2015 Exception s. For 2016-2019, they are based on the Russian Federation MFN 
2016 and Kyrgyz Republic's Exceptions for 2016 to 2019.  
 Based on the HS 2012 nomenclature.  
ROW: Rest of the world.  
Source:  WTO estimates based on the WTO -IDB, WTO -TPR and Kyrgyz Republic  authorities.  
 
3.2.1.2   Other tariff -related matters  
3.17.   The Accession Treaty authorizes Kyrgyz Republic  to grant  (Section V of Annex  1 to the 
Protocol on Transitional Provisions ): 
a. tariff exemptions up to May 2020 , and for a maximum of 100 ,000 ton nes/year, on 
imports of raw sugar cane for industrial processing in the Kyrgyz Republic  (HS 1701.13 
and 1701.14) ,15 subject to confirmation by an authorized body from the Kyrgyz Republic, 
that the raw sugar is for industrial processing . The Kyrgyz Republic  shall inform the 
Commission of the annual import volumes and consumption balance ; it shall also  ensure 
that neither the raw  nor the transformed  sugars are subsequently exported to other 
EAEU member States. In no case shall these provisions be used by Kyrgyz Republic  to 
restrict sugar imports from other EAEU member States (paragraph 4 4); 
b. preferential treatment : 
i. in accordance wi th international treaties concluded prior to 1 April 2015 
(paragraph  45:1) ;  
ii. in the framework of various construction projects  listed in paragraph 45:2 -7 – 
namely modernization of a thermal power plant, construction of a transmission line 
and substation an d the rehabilitation and construction of roads . The duration of 
exemption s vary, the last exemptions terminating in December 2019; and  
iii. in accordance with the relevant provisions of the EAEU Treaty . 
c. tariff exempt ions up to 2022 for the following imports , provided import licences are 
issued by the authorized body of the Kyrgyz Republic (paragraph 4 6): 
i. goods  for military use , provided similar goods are not produced in other EAEU 
member States  and subject to a confirmation by the Kyrgyz Republic 's Ministry of 
Defence  of that those goods are imported for the needs of its Armed Forces ;  
ii. transport equipment used for providing transport  services ( helicopters, passenger 
and cargo airplanes ). A detailed description of the goods, together with their HS codes 
and other  requirements  is also provided; and  
                                                
15 As from accession, the Kyrgyz Republic started applying the CET for these items, with specific rates 
varying from 140 to 250 US$/metric tonne, while the corresponding HS2007 headings were bound duty -free.  WT/REG366/1  
 
- 18 - 
 
  d. up to 2016, to grant tariff exempt ions for other plates and sheets of ethylene, propylene 
and styrene polymers classified under HS 3920.1025.00, 3920.2021.00 and 
3923.3010.10 for respectively 820, 75 and 200  tons/year), provided import licences are 
issued by the authorized body of the Kyrgyz Republic (paragraph 46).   
3.18.   The Kyrgyz Republic  is to ensure that all goods referred to above, except transport 
equipment, remain in its territory, and is to take measures ensuring that  in case of exportation to 
other EAEU member States, the tariff differential s are paid.  Temporary importation of transport 
equipment by  other EAEU member S tates is possible without any payment provided the objectives 
of the tariff exemptions are attained. However, in other cases, as well as in the case of  sale or 
transfer for use in other EAEU member States , tariff differentials have been paid . 
3.2.1.3   Revenue -sharing  
3.19.   As of 1 January 2017, the ratio of distribution of import customs duties is the following:  
1.220% for Armenia, 4.560% for Belarus, 7.055% for Kazakhstan, 1.900% for the Kyrgyz 
Republic and 85.26% for the Russian Federation ("Protocol on the application of separate 
provisions of the Treaty  on Accession of the Kyrgyz Republic to the Treaty on the EAEU of  29 May 
2014, signed on December 23, 2014") . From accession up to December 2016, and in accordance 
with Article 8 of the Accession Treaty, a different ratio was applied.16  
3.2.2   Non-tariff measures  
3.20.   The Accession Treaty has no provision regarding non-tariff measu res; thus, the EAEU 
disciplines apply.  
3.21.   The EAEU's common external trade regime is also extended to non -tariff measures (NTMs), 
though unilateral NTMs may in certain cases be imposed, as stated in Article 47 of the EAEU 
Treaty.  
3.2.3   Other export -related measures   
3.22.   The Accession Treaty has no provision regarding other export -related measures; thus, the 
EAEU disciplines apply  without any transition period .  
3.23.   Export duties are not applied on intra -EAEU trade; on trade with third-parties,  member 
States are free to unilaterally apply export duties in accordance with their respective domestic 
legislation and international commitments, in particular those under the WTO.  The Kyrgyz Republic 
generally does not apply permanent export duties, thought it may implement them temporarily, in 
particular as seasonal export duties.17 As of April 2018 , export duties are applied by all other EAEU 
member States .  
3.2.4   Fees and charges connected with importation and exportation  
3.24.   The Accession Treaty has no provision regarding fees and charge s connected with 
importation and exportation; thus, the EAEU disciplines apply. Imports originating from the 
member States are not subject to the payment of fees and charges connected with importation.  
According to the Tax Code of the Kyrgyz Republic, impo rtation of goods to the territory of the 
Kyrgyz Republic shall be subject to value -added tax, except for the appropriate exceptions 
determined by the Tax Code of the Kyrgyz Republic.   
3.2.5   General incidence of the formation of the EAEU  
3.25.   In the context of "[t]he evaluation under paragraph 5(a) of Article XXIV of the general 
incidence of the duties and other  regulations of commerce applicable before and after the 
formation of a customs union", paragraph 2 of the Understanding on the Interpretation of 
Article  XXIV of the GATT  1994 directs the Secretariat to calculate "the weighted average tariff 
                                                
16 While the ratio for Belarus and Kyrgyz were  the same, those of Armenia, Kazakhstan and Russian 
Federation differed (respectively 1.11%, 7.11% and 85.32%).  
17 Source: WT/TPR/S/288/Rev.1 , 21 January 2014.  WT/REG366/1  
 
- 19 - 
 
  rates and cust oms duties collected in accordance with the methodology used in the assessment of 
tariff offers in the Uruguay Round" . 
3.26.   Given the proximity of the establishment of the EAEU  and the two successive accessions, 
the Secretariat has calculated the general incidence of the formation of the EAEU, with the four 
member States which were WTO Members in 2015 but excluding Belarus. This document has been 
circulated as WT/REG3 66/2. 
3.3  Rules  of origin  
3.27.   The Accession Treaty has no provision regarding rules of origin. Therefore, the disciplines 
are those of the EAEU Treaty.  
3.4  Regulatory provisions on trade in goods  
3.4.1   Standards  
3.28.   Pending full harmonization of EAEU member States technical barriers to t rade (TBT), 
conformity assessment procedures and sanitary and phytosanitary measures, three systems 
coexist: a national system, one based on mutual recognition and finally the EAEU harmonized 
system. The Accession Treaty provides that EAEU disciplines in t his field apply, as modified by the 
relevant provisions of the Accession Treaty. In particular, it foresees transition periods for the 
Kyrgyz Republic to apply certain common EAEU technical regulations . The r elevant disciplines are 
described in the sub -sections below.  
3.4.1.1   Sanitary and phytosanitary measures  
3.29.   In accordance with Article 7 of the Accession Treaty , with the entry into force on 18 
November 2015 of the Supreme Council Decision No 6/15 and Decision No 56/15 of the Council of 
the Commission ,18 conformity assessment conducted by the Kyrgyz Republic's authorized bodies is 
considered as equivalent to those issue d by bodies of other EAEU member States (Section VIII of 
Annex 1 to the Protocol on Transitional Provisions, paragraph 59).  
3.30.   Pending the application of common EAEU rules on the circulation of veterinary medical 
products and feed additives , their circulation  is subject to the  Kyrgyz Republic's  domestic 
legislation in cases of movement within its own  territory  or alternatively to corresponding EAEU 
member  State 's legislation  if movement takes place therein  (paragraph 58 of Annex 1 to the 
Protocol on Transitional Provisions).  
3.4.1.2   Technical barriers to trade  
3.31.   Disciplines on technical regulations  - dealt with in Section VII of Annex 1 to the Protocol on  
Transitional Provisions - define transition periods for the Kyrgyz Republic to adopt EAEU technical 
regulations. Upon the expiry of the transition period, p roducts destined for the Kyrgyz market are 
to carry a label of Eurasian conformity . 
3.32.   A general trans ition period of six months – that is, by 12 February 2016 - has been given to 
the Kyrgyz Republic to apply existing common EAEU technical regulations (paragraph 50). Longer 
transition periods apply however with regard to the following regulations:  
                                                
18 Decision No 6 "On abolishment of quarantine, veterinary and sanitary and phytosanitary quarantine 
control (supervision) at the Kyrgyz -Kazakhstan section of the state border" of 8 May 2015, available at 
https://docs.eaeunion.org/docs/en -us/0147667/scd_12052015_6  (in Russian). As foreseen therein, the entry 
into force of this Decision was subject in particular to a Commission's approval of the results of an audit of the 
Kyrgyz's veterinary and sa nitary control system . That approval is contained in Decision No 56 of the Council of 
the Commission of 21 August 2015 " On approval of the results of the assessment of the quarantine 
phytosanitary control system, as well as familiarization with the sanitar y-epidemiologic surveillance  (control) of 
the Kyrgyz Republic", available at https://docs.eaeunion.org/docs/en -us/0148783/cncd_19102015_56  (in 
Russian).  WT/REG366/1  
 
- 20 - 
 
  a. for mach inery and equipment; agricultural, forestry tractors and trailers; and for 
equipment for operation in an explosive environment, the Kyrgyz Republic had up to 
12 August 2016 to comply with technical regulations;  
b. compliance with, inter alia , safety of railwa y rolling stock, transport infrastructure, 
packaging, pyrotechnical products, toys, elevators, food products  was delayed until 
12 August 2017; and  
c. the longest period (four years) has been granted for compliance with technical 
regulations applied to automob ile and aviation gasoline, diesel and marine fuel, jet fuel 
and fuel oil19 – i.e. by 12 August 2019.  
During the specified transition periods, either the Kyrgyz Republic's or the EAEU technical 
regulations may be used.  
3.33.   As defined in paragraph 52 of Annex 1 to the Protocol on Transitional Provisions, the 
Collegium of the Commission adopted Decision No 11/1620 "On the Procedure for Implementation 
of Technical Regulations of the Customs Union in the Kyrgyz Republic". The imp lementing Decision 
provides as follows:  
a. the issuance of conformity assessment certificates in accordance with the Kyrgyz 
Republic's domestic legislation is not allowed upon the expiry of the transition period;  
b. following the expiry of the transition period,  the production and release of goods for  
circulation within the territory of the Kyrgyz Republic  based on the Kyrgyz Republic's 
legislation are temporarily still possible, as follows:  
i. for goods subject to mandatory conformity, for two years after the end of the 
transition period (i.e. 12 February 2018, and later for other products in 
paragraph  3.32.    above); this good must be accompanied by a Certificate of 
conformity issued by an authorized Kyrgyz body and carr y a label indicating Kyrgyz 
conformity; and  
ii. for goods not subject to mandatory conformity, for one year after the end of the 
transition  period; certificate s or label s of conformity are not  required; and  
c. circulation of products within the territory of the Kyrgyz Republic  benefitting from a 
longer transition period specified in paragraph  3.32.   above is allowed during the 
lifetime  of the products , as provided for in the Kyrgyz Republic's domestic legislation.  
3.34.   The Kyrgyz Republic's requirements on technical regulations will apply with respect to 
products included in the  Unified L ist of products subject to mandatory conformity assessment 
within the EAEU ( Decision of the CU Commission No 620 of 7 April 2011 , as amended).21 
3.35.   During the transition period, both the Kyrgyz Republic 's and the Customs Union's legislation 
on technical regulations can be applied for products destined for circulation in the Kyrgyz 
                                                
19 Technical regulations o f the Customs Union numbers a. 010/2011, 012/2011 and 031/2012; b. 
001/2011, 003/2011, 005/2011, 006/2011, 007/2011, 008/2011, 011/2011, 017/2011, 021/2011, 022/2011, 
023/2011, 024/2011, 025/2012, 027/2012, 028/2012, 029/2012, 033/2013, 034/2013; and c. 01 3/2011, 
respectively.  
20 In this Factual Presentation, decisions taken by the different bodies will be referenced through Body, 
number and year, as follows: Decision No 9/12, which was adopted on 16 October 2015. This approach is used 
as a simplification bu t does not represent the official EAEU reference of Decisions. For some of the EAEU 
Decisions for which only the Russian text is available in the EAEU website, the Secretariat has been provided 
with an unofficial translation of the Decision that can be sha red with WTO Members upon request.  
21 CU Commission Decision No 620 "On the Unified List 's Update  with Regard to Products Subject to 
Mandatory Conformity Assessment (Confirmation) within the Framework of the CU with Issuance of Single 
Documents, Approved by  CU Commission Decision No. 319 of 18 June 2010" , of 7 April 2011 . Decision 69 
excluded "Furniture" (Chapter 13) from the list, reducing the number of "groups" of products to 24. V arious 
subsequent Decisions excluded from the Unified List  those products fo r which EAEU technical regulations had 
been adopted . The very first unified list had been established by CU Commission Decision No 319 "On 
Technical Regulation in the Customs Union" of 18 June 2010 . WT/REG366/1  
 
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  Republic 's territory. If a good imported into the Kyrgyz Republic  is to move to other EAEU member 
States, it shall conform to the EAEU technical regulation . 
3.36.   Conformity assessment shall be performed by the Kyrgyz Republic 's accredited bodies in 
accordance with EAEU legislation. Certificates of Conformity shall be issued by bodies authorized to 
perform such activities under  the Kyrgyz Republic 's legislation (paragraph 5 5).22 The Kyrgyz 
Republic  has 13 certification  bodies and 34 testing laboratories included in the EAEU Unified 
Register of Certification Bodies and Testing Laboratories . 
3.4.2   Trade defence measures  
3.37.   The EAEU's  trade defence regime took effect in the Kyrgyz Republic on the 12 of August 
2015; the relevant national legislation ceased to apply on that date. These changes were notified 
to the WTO on 23 December 2015.23 
3.38.   The Accession Treaty, particularly, Protocol on Transitional Provisions, provides the following 
information on anti -dumping, countervailing and safeguard measures (Section VI of Annex  1 to the 
Protocol on Transitional Provisions , paragraph 49 ): 
a. for any such measure in force in the EAEU 's territory on th e date of the Kyrgyz 
Republic's accession, the Department for Internal Market Defence of the Commission  
(the EAEU investigating authority ) may, upon its own initiative or an application by an 
interested party , carry out a review of the investigation by add ing the Kyrgyz Republic's 
data to the case, provided  there is sufficient evidence that this could result in a material 
change in the grounds for introducing the respective measure ; 
b. if the decision to apply any such  measure is taken after Kyrgyz Republic’s accession but 
following  an investigation  conducted prior to such accession, the measure  shall be 
direct ly extended to  the Kyrgyz Republic; a review may be conducted following the 
terms specified above; and  
c. if any such measure involves the application of a quota , its amount shall be modified in 
line with the  Kyrgyz Republic's 2012 -2014 import volumes  from third countries.  
3.39.   The Kyrgyz Republic's December  2015 notification also included summary information on 
trade defence measures applied by the EAEU to be ext ended to the Kyrgyz Republic, as from its 
accession  to the EAEU . In October 2016, the Kyrgyz Republic notified all the relevant 
instruments.24  
3.4.2.1   Safeguard measures  
3.40.   Intra-EAEU safeguards are prohibited . Global safeguards are applied in the entirety of the 
EAEU.  
3.41.   Prior to its accession to the EAEU, the Kyrgyz Republic conducted several safeguard 
investigations, including, inter alia,  on white sugar and poultry eggs.25 In 2009, the Kyrgyz 
Republic applied a safeguard measure on wheat flour, which ceased to apply as of the date of its 
accession to the EAEU.26  
3.42.   On the date of accession of the Kyrgyz Republic to the EAEU, the EAEU applied  two global 
safeguard measures , as indicated in Table 3.5. Following  a Decision by the Collegium of the 
                                                
22 The EAEU has an Unified Register of Certification Bodies and Testing Laboratories , 
http://www.eurasiancommission.org/en/docs/Pages/IL_OS.aspx , and Unified Registers of Issued Certificates of 
Conformity and of Registered Declaration s of Conformity . 
23 G/ADP/N/1/KGZ/2 -G/SCM/N/1/KGZ/2 -G/SG/N/1/KGZ/2, 27 January 2016.  
24 G/ADP/N/1/KGZ/3 - G/SCM/N/1/KGZ/3 - G/SG/N/1/KGZ/3.  
25 WTO documents G/SG/N/6/KGZ/1 4 March 2009 , and G/SG/N/6/KGZ/3, 25 October 2010.  
26 WTO document G/SG/N/7/KGZ/1, G/SG/ N/8/KGZ/1, 30 June 2009.  WT/REG366/1  
 
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  Commission,27 the quota  on harvesters and modules  was adjusted to take into account the Kyrgyz 
Republic. As regards tableware, safeguard duty was also applied by the Kyrgyz Republic. The 
application of the se safeguards was notified to the WTO prior to the ir imposition.28 The 
notifications  indicated t he Kyrgyz Republic's  and the EAEU 's readiness to hold consultations with 
Members having a substantial interest as exporters of the products  concerned , and included 
references to relevant documentation, among which the public notice and the investigation report . 
Table 3.5 Definitive Safeguard Measures applied by the EAEU and extended to Kyrgyz 
Republic  on 12 August  2015  
Investigation  Effective date and type of definitive measure  
EAEUa Kyrgyz Republic  
Harvesters and 
modules thereof  01/01/2014 until 21/08/2016  
Quota  As of 08/12/2015 until 21/08/2016  
Quota, in addition to that of the EAEU  
Tableware  29/09/2013 until 28/09/2016  
Specific duty  As of 08/12/2015 until 28/09/2016  
Specific duty, as applied by the EAEU  
a  Measures were also applied by Armenia following its accession to the EAEU, see WT/REG363/ 1. 
Source:  G/SG/N/6/KGZ/5, G/SG/N/8/KGZ/3, G/SG/N/10/KGZ/3, G/SG/N/11/KGZ/1; and G/SG/N/6/KGZ/6,  
G/SG/N/8/KGZ/4 , G/SG/N/10/KGZ/4, G/SG/N/11/KGZ/2 . 
 
3.43.   The Kyrgyz Republic had no  "Special Safeguard s in Agriculture " at the time of its accession 
to the EAEU.  
3.4.2.2   Anti-dumping and countervailing measures  
3.44.   Whilst n either anti -dumping nor countervailing measures can be applied on intra -trade, 
"compensatory measures"  may be applied in certain instances by a member State to counteract 
the negative impact of a specific subsidy of a member State on its domestic industry (Article 93 of 
the EAEU Treaty and Annex 28).  
3.45.   Prior to its accession to the EAEU, the Kyrgyz Republic had neither anti -dumping measures29 
nor countervailing measures in force . At the time of accession of the Kyrgyz Republic to the EAEU , 
the EAEU also  did not apply countervailing measures.30 
3.46.   At the entry into force of the EAEU, the EAEU  applied 12 anti-dumpin g measures, as 
indicated in Table 3.6 below. Pursuant to Article 4 of the Accession Treaty , these anti -dumping 
duties were extended to the Kyrgyz Republic. Their application was duly notified to the WTO.31 
Table 3.6 Definitive anti-dumping measures applied by the EAEU and extended to the 
Kyrgyz Republic on 12 August 2015  
Country Affected  Product  Measure  
Measures in force on 12 August 2015  
China   Cold-rolled flat steel products with polymer coating  Duties  
Citric acid  Duties  
Cold-worked seamless pipes and tubes of stainless steel  Duties  
Enamelled baths of cast iron  Duties  
Rolling -element bearings (excl. needle roller bearings)  Duties  
Stainless steel flatware  Duties  
Germany  Light commercial vehicles  Duties  
                                                
27 Decision No 69 of the Collegium of the Commission " Concerning certain issues of applying safeguards  
and anti -dumping measures due to accession of the Kyrgyz Republic to the EAEU  Treaty dated May 29, 2014 ", 
dated 1 July 2015.  
28 G/SG/N/6/KGZ/5, G/SG/N/8/KGZ/3, G/SG/N/10/KGZ/3, G/SG/N/11/KGZ/1; and G/SG/N/6/KGZ/6, 
G/SG/N/8/KGZ/4, G/SG/N/10/KGZ/4, G/SG/N/11/KGZ/2.  
29 WT/TPR/S/288 and G/ADP/N/ 223/Add.1.   
30 WT/TPR/S/288.  
31 G G/ADP/N/1/KGZ/2 and G/ADP/N/280/KGZ . WT/REG366/1  
 
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  Country Affected  Product  Measure  
India Graphite electrodes  Duties  
Italy Light commercial vehicles  Duties  
Turkey  Light commercial vehicles  Duties  
Ukraine   Certain steel pipes and tubes  Duties  
Forged work -rolls Duties  
Source:  G/ADP/N/1/KGZ/2 and G/ADP/N/280/KGZ.  
 
3.47.   Following the Kyrgyz Republic's  accession, conduct of anti -dumping and countervailing duty 
investigation s and application of anti -dumping and countervailing measures pertain to the 
competence of the EAEU.  
3.4.3   Subsidies and State -aid 
3.48.   The EAEU Treaty includes  disciplines regarding subsidies,  in the industrial (Section XXIV, 
Article 93 of the EAEU Treaty and its Annex 28, the "Protocol on Common Rules for Granting 
Industrial Subsidies") and agricultural sectors (Section XXV, Article 95 of the EAE U Treaty and its 
Annex 29, the " Protocol on Measures of State Support to Agriculture" ). These will also apply to 
Kyrgyz Republic, as specified in the Accession Treaty.  
3.49.   In accordance with paragraph 6 of Amendments Protocol to the Accession Treaty, State 
support measures for agriculture are extended to Kyrgyz Republic. 32  
3.50.   The EAEU Treaty authorizes  temporary exemptions  from the EAEU's  disciplines on industrial 
subsidies . In the case of the Kyrgyz Republic , customs duties and tax  exemptions applied  in FEZs 
and free warehouses  were authorized up to 1 January 2017 (paragraph 5 of Amendments Protocol 
to the Accession Treaty).  
3.4.4   Customs -related procedures  
3.51.   The EAEU Customs Code entered into force on 1 January 2018; pending its entry into force, 
the Customs Code o f the CU was applied. Domestic customs regulations remain in force to the 
extent that they do not conflict with the EAEU  Customs Code.  
3.52.   As from the Kyrgyz  Republic 's accession to the EAEU, customs control s on the Kyrgyz -
Kazakhstan border w ere abolished. 33 
3.53.   Section II of Annex 1 to the Protocol on Transitional Provisions  on "The issues of c ustoms  
relationships " provides disciplines on the following : 
a. for legal entities and individual entrepreneurs who carry out customs -related activities 
(e.g. customs brokers , owners of customs warehouses or  temporary storage 
warehouses , etc. ), a transition period of 18 months is granted for aligning the Kyrgyz 
Republic 's national regulations to th ose of the EAEU;  
b. customs  operations to be carried out on  goods  which, at the date of entry into force of 
the Accession Treaty, were either under customs control in the Kyrgyz Republic or 
located in the EAEU territory under temporary storage;  
c. transportation of goods for which, at the date of entry into force of the Accession Treaty, 
a transit declaration (or equivalent) had been issued by the Kyrgyz Republic or which 
were under customs control ; 
                                                
32 Additional information can be found in Sections 3.4.4 and 3.5.1 of WT/REG358/1.  
33 See in particular Decision No 5 "On abolishment of customs control in respect of goods and vehicles 
transferred across the Kyrgyz -Kazakhstan section of the state border " of 8 May 2015, available at: 
https://docs.eaeunion.org/docs/en -us/0147665/scd_12052015_5  (in Russian).  WT/REG366/1  
 
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  d. adapting the customs regimes of  goods in the Kyrgyz Republic  to the EAEU regime34 and 
subjecting them to the appropriate EAEU customs law ; particular disciplines apply to  
combines, tractors, car and other motor vehicles imported from third parties . Vehicles 
under HS 870 1-8705, 8716 and 8433.5100.01, 8433 .5100.09 imported into the Kyrgyz 
Republic  from third -parties with a tariff lower than the EAEU CET,35 and classified as 
"release for domestic consumption", will not be allowed free circulation within the EAEU 
until such time as either (i) the  tariff differential is paid upon re -exportation to another 
EAEU member State; or (b) five years after the Kyrgyz Republic 's CET exceptions for 
these goods have been terminated – i.e., except in the case of one tariff line,36 by 202 5, 
since the Kyrgyz Republic  will apply the CET for these goods  as of January 2020 
(paragraph 24); 
e. procedures for  vehicles providi ng international transportation for passengers and/or 
goods  (paragraph 25) ; and  
f. from the Kyrgyz Republic's  accession up to 1 January 2020, customs duty and taxes on 
cars for personal use registered in the Kyrgyz Republic are those reflected in its CET 
exceptions. As under d. above, free circulation within the EAEU is only possible either 
following the payment of the tariff differential or after 2025 ; however, any such payment 
is not due in case of c ars registered in the Kyrgyz Republic which are  temporarily 
imported into other EAEU member States by permanent residents of the former . The 
Kyrgyz Republic's customs bodies are to inform their counterparts in other EAEU 
member States about automobiles imported and released for free circulation after the 
signature of the Accession Treaty, as well as about the amount of customs duties and 
taxes paid (paragraphs 26 -31);  
g. the registration, sale or transfer for use in EAEU member States of motor vehicles under  
HS 87 imported into the Kyrgyz Republic from third  countries and placed under the 
customs regime of "release for free circulation" during the period from 1 January 2014 to 
11 August 2015 is only possible provided the tariff differentials (in respect of the CET or 
the tariff prevailing under Kazakhstan's e xceptions) have been paid. The Kyrgyz 
Republic's customs bodies are to inform their counterparts in other EAEU member States 
about automobiles imported and released for free circulation after the signature of the 
Accession Treaty, as well as about the amou nt of customs duties and taxes paid 
(paragraph 40); and  
h. timeframes regarding decision on classification of goods , as well as for performing 
customs control and for payments of  customs duties and taxes  (paragraph s 32-34). 
3.54.   The modernization of Kyrgyz Republi c's customs – towards the use of modern technologies 
and digitalization - as well as the improvement of checkpoint  infrastructure and logistics has been 
coupled with EAEU accession.  Annex 2 to the Protocol on Transitional Provisions  
(paragraphs  35-37) provide s the completion of the se objectives within two years from accession 
(i.e. by August 2017). In accordance with the  plan and schedule , early implementation of the 
following elements  has taken place : 
a. upon EAEU accession, electronic calculation of cust oms payments (including special, 
anti-dumping and countervailing duties , control of transportation of goods in transit on 
its territory , and accounting of goods under customs control;37  
b. by February 2016 : 
                                                
34 E.g. "release of goods for free circulation" in the Kyrgyz Republic becomes "r elease for domestic 
consumption" in EAEU.  
35 If the tariff rates paid in the Kyrgyz Republic were the same as the EAEU CET, these provisions do not 
apply.  This system is in general needed to avoid trade deflection, since Kyrgyz Republic's MFN rates on these  
products are lower than those of the CET.  
36 For HS 8702.1011.99, the CET is applied as of 2018 and free circulation will occur on 2022.  
37 It is further  specified that c ustoms declarations adopted before  accession remain subject to the 
legislation of the Kyrgyz Republic, while those adopted thereafter were to conform with the CU or later the 
EAEU Customs Code . WT/REG366/1  
 
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  i. electronic issuing of mandatory prior information as regards distribution of goods 
imported into the EAEU customs territory by road transport ;  
ii. availability of adapted and modern equipment in selected road and railway 
checkpoints between the Kyrgyz Republic  and anoth er EAEU member State;38 and 
c. by August 2017, all customs procedures were performed electronically . 
The last element foreseen in the plan and schedule provides that at the latest by August 2019, all 
the rem aining checkpoints between the Kyrgyz Republic  and an other EAEU member State are to 
be equipped with the required equipment.39 
 
3.55.   Finally, the Protocol (paragraphs 38 and 39) also provide s for improving the interaction 
between the customs authorities of the Kyrgyz Republic and of the other EAEU member States. 
Upon accession, the Kyrgyz Republic were to ensure its electronic connection to the EAEU 
integrated information system; the electronic exchange of information relating to the control of 
common customs processes with other EAEU customs authorities ; and the exchange of normative 
and reference information with customs authorities of other EAEU member States.  
3.56.   In order to allow monitor ing of  the implementation of provisions of Annex 1 to the Protocol 
on Transitional Provisions , the Kyrgyz Republic is to authorize customs authorities of other EAEU 
member States to be present at checkpoints in the Kyrgyz section of the customs border , as well 
as at another Kyrgyz Republic's customs locations  – but without the establishment of customs 
offices of the se other States.  
4  PROVISIONS ON TRADE IN SERVICES  AND INVESTMENT  
4.1.  The EAEU aims at progressively achieving a single services market between its member 
States. The m ember States maintain their autonomy on trade in services and investment with 
third parties.  
4.2.  Upon its accession to the EAEU, the Kyrgyz Republic started applying EAEU disciplines on 
trade in services and investment, as provided for in  the EAEU Treaty and EAEU Decisions, as 
amended by relevant provisions of Annex of "Amendments Protocol" and Annex 1 to  the Protocol 
on Transitional Provisions. All of these provisions are described below.  
4.3.  This Section describes the provisions contained in the Accession Treaty. For a detailed 
description of the trade in services and investment disciplines of the EAEU , see the Factual 
Presentation on the EAEU (WT/REG358/1).  
4.1  Scope and definitions  
4.4.  The Accession Treaty has no provision regarding these elements; thus, the EAEU disciplines 
apply.  
4.2  Denial of benefits  
4.5.  The Accession Treaty has no provision regarding denial of b enefits ; thus, the EAEU disciplines 
apply.  
4.3  General provisions on trade in services and investment  
4.6.  The following provide s a summary of the EAEU's  trade in services and investments 
disciplines : 
                                                
38 Including weighing equipment, X -ray inspection systems, video recording system for transported 
goods and vehicles, stationary and (or) portable radiation detection equipment, detection of narcotic and 
explosive substances, technical means and communication channels that ensure the operation of information 
systems on -line, as well as the engineering equipment necessary for uninterrupt ed the work of checkpoints . 
39 The Protocol, which originally foresaw that objective to be fully implemented within 2 years from 
accession, was later modified and the time -frame was extended to 48 months (Order No 19 of the Council of 
the Commission dated 2 8 April 2017).  WT/REG366/1  
 
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  a. the "Protocol on Trade in Services, Establishment, Activities an d Investments" (Annex 16 
to the Treaty, hereafter the "Services and Investment Protocol") provides the EAEU's 
overall disciplines , with s ome services sectors being however regulated separately – e.g. 
financial services disciplines are spelled out in the EAEU's "Protocol of Financial Services" 
(Annex 17).  
b. disciplines apply to all four GATS modes of supply;  and 
c. intra-EAEU trade liberalization based on a three -pronged approach  (see section 4. 4) - 
namely  a positive list of sectors/sub -sectors  under a  single market; a negative list of 
non-conforming measures  (the "Schedules of Additional Limitations") ; and plans for their 
remov al, including the procedures and stages of single market formation within the 
sectors in question ; and  
d. as is the case with all EAEU m ember States , the Kyrgyz Republic's Schedule of  Horizontal 
Limitations  apply in all instances.   
4.3.1   Market Access  
4.7.  The Accession Treaty has no provision regarding market access ; thus, t he EAEU disciplines 
apply. Market access restrictions not authorized under the EAEU Treaty may be applied by the 
Kyrgyz Republic  on the condition that they are listed in its Schedule of Additional Limitations or of 
Horizontal Limitations.  
4.3.2   National and MFN treatment  
4.8.  The Access ion Treaty has no provision regarding national and MFN treatment; thus, t he EAEU 
disciplines apply. The Kyrgyz Republic may apply n ational treatment and MFN exceptions, provided 
they are listed in its Schedule of Additional Limitations or of Horizontal Lim itations . 
4.3.3   Commercial presence  
4.9.  The Accession Treaty has no provision on commercial presence ; thus, t he EAEU disciplines 
apply. E xceptions  to these disciplines  may be applied  provided they are listed in the Kyrgyz 
Republic's  Schedule of Additional Limitation s or of Horizontal Limitations . 
4.3.4   Movement of natural persons  
4.10.   The EAEU disciplines  - free movement of personnel (mode 4) , subject to member States' 
Schedules of Additional Limitations or of Horizontal Limitations and to disciplines in Section XXVI of 
the EAE U Treaty on "Labour Migration"  - apply to the Kyrgyz Republic . Its m ode 4 commitments 
and limitations are addressed in Section 4.4.1.  
4.3.5   Performance requirements  
4.11.   The Accession Treaty has no provision s on performance requirements; thus, t he EAEU 
disciplines apply. E xceptions to these disciplines  may be appl ied provided they are listed in the 
Kyrgyz Republic's  Schedule of Additional Limitations or of Horizontal Limitations . 
4.3.6   State enterprises and monopolies  
4.12.    Section XII of Annex 1 to the Protocol on Transitional Provisions states that the EAEU's 
natural monopol y provisions40 apply upon the expiration of the 18 month transition period from 
the date of entry into force of the Accession Treaty – i.e. by February 2 017. These provisions 
regulate relations involving the Kyrgyz Republic's natural monopoly entities, consumers and 
bodies, at all levels of government, to the extent they affect trade between EAEU member States.   
                                                
40 Article 78 of the EAEU Treaty and its Protocol 20 on the Common Principles and Rules of Regulating 
the Activities of Natural Monopoly Entities.  WT/REG366/1  
 
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  4.13.   The Kyrgyz Republic 's natural monopolies are those defined as public services in its 
domestic legislation; they are the following (paragraph 3 of Annex to Amendments Protocol):  
a. services related to transportation of oil and oil products through trunk pipelines, 
electrical energy transmission and dist ribution, services for operational and dispatching 
management of national energy system, and railway transportation (included in 
Appendix 1 to Protocol 20); and  
b. transportation, distribution, storage and sale of natural gas; aeronautical support for 
flights , ground handling for domestic air transport; public telecommunication services 
and postal communications; production, transmission, distribution and sale of thermal 
energy; centralised water supply and sanitation services (included in Appendix 2 to 
Protoc ol 20).  
4.4  Liberalization commitments and the Single Market  
4.14.   A standstill clause is included in Article 66 of the Treaty, whereby member States agree not 
to adopt new discriminatory measures in relation to trade in services, establishment and activities 
from the date of entry into force of the Treaty. The standstill disciplines do not apply to national 
treatment for  other forms of  investment41 (paragraph 73 of the Services and Investment Protocol). 
As applied to the Kyrgyz Republic, the restrictive measures in force as of 23 December 2014 are 
therefore bound. However, new restrictive measures may be adopted in certain specific sectors if 
the Schedules of Additional Limitations provide for the possibility of future restrictive measures 
being taken; these exist fo r the three EAEU member States and for Armenia for a limited number 
of sectors, and no future restrictive measures are applicable for the Kyrgyz Republic.42  
4.15.   Taken together, intra-EAEU trade liberalization in trade in services and investments provide 
as fol lows:  
a. a "negative  list" approach, which means that national treatment, MFN treatment and 
prohibition of  quantitative and investment measures are applied in accordance with the 
EAEU Treaty in respect of trade in services , establishment, activities and inve stments ; 
non-conforming measures are only allowed to the extent they are included in their 
Schedules of Additional Limitations or of Horizontal Limitations; and  
b. a "positive list" of sectors in which a single market is in force. The single market for 
servic es will function on a reciprocal basis, through phased liberalisation of trade in 
services and investments and the gradual elimination of restrictions and reservations 
(paragraph 41 of the Services and Investment Protocol).  
4.16.   A single market in a given services sector encompasses the following among EAEU service 
suppliers (paragraph 38 of the Services and Investment Protocol):  
a. national and MFN treatment, as well as  a prohibition on market access restrictions and 
performance req uirements;  
b. supply of services without requiring the establishment of a legal entity;  
c. authorization to supply services on the basis of mutual recognition of permits;  
d. recognition of the professional qualifications of its personnel; but  
e. these remain subject t o national Schedules of Horizontal Limitations.  
Thus, in general terms, single market treatment implies significantly greater liberalization as 
compared to treatment provided to service suppliers in accordance with commitments generally 
undertaken within t he WTO.  
                                                
41 These provisions do not apply to establishment.  
42 Limitations 6 -7 and 9 for Armenia; limitati ons 27 and 28 for Belarus; 7, 25 -26, 28 -30 for Kazakhstan; 
and 5 -6, 31-35 for the Russian Federation.  WT/REG366/1  
 
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  4.17.   The Kyrgyz Republic's integration into intra -EAEU trade in services and investment 
liberalization is mainly defined through the following:  
a. the Kyrgyz Republic's Schedule of Horizontal Limitations, included in paragraph 1 of the 
Annex to Amendments Protocol, which applies across -the-board;  
b. the Kyrgyz Republic's Schedule of Additional Limitations (in accordance with paragraphs  
60-61 of Annex 1 to the Protocol on Transitional Provisions) is provided for in the 
Supreme Council Decision N°32 "On Amending  the Decision of the Supreme Council of 
23 December 2014 N° 112" of 16 October 2015;43 
c. as of 19 October 2015, the Kyrgyz Republic joined the single market for 43 services 
sectors/sub -sectors which were in operation from the EAEU's entry into force (Supreme 
Council Decision No 31/15, in accordance with paragraph 62 of Annex 1 to the Protocol 
on Transitional Provisions) , as follows:44 
i. in 23 services sectors, a single services market is in force in all EAEU  member States 
(e.g. services related to agriculture, rental services of machinery and equipment 
without  operators , consulting services in management, software development 
services);  
ii. in six services sectors, a single services market is in force between Bel arus and the 
Russian Federation as of 1 January 2015, Armenia as of 12 May 2015, and the 
Kyrgyz Republic as of 19 October 2015 (including services in wholesale and retail 
trade, franchising services, hotel and catering services). For Kazakhstan, they 
enter ed into force on 1 January 2016;  
iii. in six services sectors, a single services market is in place only between  Belarus and 
the Russian Federation as of 1 January 2015 Armenia as of 12 May 2015, and also 
the Kyrgyz Republic as of 19 October 2015 (all correspo nding to auxiliary transport 
services); and  
iv. in eight services sectors, a single services market is in force between Belarus and the 
Russian Federation as of 1 January 2015, Armenia as of 12 May 2015, and  the 
Kyrgyz Republic as of 19 October 2015 (e.g. cons truction and engineering services). 
For Kazakhstan, they will enter into force in 2024, in accordance with the transition 
periods provided for under the liberalization plans.  
d. its inclusion in the single market for 21 services sectors/sub -sectors establishe d within a 
transition period, as agreed in Supreme Council Decision No 30/1545 (in accordance with 
paragraph 59 of Annex 3 to the Accession Treaty), subject to exem ptions in the national 
Schedules of Horizontal Limitations . The transition period, plan and s chedule for the 
formation of a single market for 20 - out of 21 - services sectors/sub -sectors are 
specified in the Supreme Council's Decisions Nos 22/16 and 23/16;46 
e. for those sectors where the single services market is not in operation, both national and 
MFN treatment apply. Besides, quantitative and investment restrictions cannot be 
applied; and  
                                                
43 https://docs.eaeunion.org/docs/en -us/0148771/scd_19102015_32  (in Russian).  
44 Decision "On Amending the List of Sectors (Subsectors) of Services, where the Single Services Market 
operates under the Eurasian Economic Union", https://docs.eaeunion.org/docs/ en-
us/0148769/scd_19102015_31  (in Russian).  
45 Decision No 30/15 " On the approval of the list of sectors (sub -sectors) of services upon which the 
formation of a single services market within the framework of the Eurasian Economic Union will be carried out 
in accordance with the plans of liberalization (during the transitional period)"  of 16 October 2015 , 
https://docs.eaeunion.org/docs/ru -ru/0138767/scd_19102015_30  (in Russian).  This Decision applied to 
all of the five EAEU member States.  
46 Decisions "On the approval of liberalization plans for service sectors, specified in the Decision of the 
Supreme Council of October 16, 2015, No. 30", https://docs.eaeunion.org/docs/ru -
ru/01315046/scd_11042017_22  and https://docs.eaeunion.org/docs/ru -ru/01315047/scd_11042017_23  (in 
Russian) . WT/REG366/1  
 
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  f. the creation of a common market for financial , transport and energy  services is 
regulated by other plans stipulated in related Sections of the EAEU Treaty.  
4.18.   The sub -sections below provide an overview of the services liberalization commitments 
under the EAEU. They identify the main differences, by sector, between the Kyrgyz Republic's 
respective GATS schedules and the EAEU sector -specific commitments. The table s disregard MFN 
and horizontal limitations, as well as M ode 4 commitments/limitations. S ectors and sub -sectors for 
which the operation of a single market is foreseen, as well as their date of their entry into force in 
accordance with liberalization plans a nd the Supreme Council Decisions, are presented in Annex 4.  
4.4.1   Kyrgyz Republic  
4.4.1.1   Horizontal reservations  
4.19.   Under the GATS, the Kyrgyz Republic has  scheduled  only one horizontal market access and  
national trea tment limitation on mode 4; these are  lifted in the sec tors/sub -sectors for which it has 
commit ments  under certain circumstances .47 Also under the GATS, a limitation on national 
treatment is lifted for CIS citizens as well as for citizens from other countries with which the 
Kyrgyz Republic has agreements on ent ry without visas. Under the EAEU, mode 4 reservations 
have been lifted while other limitations remain in application. The Kyrgyz Republic's Horizontal 
Limitations introduced the following reservations that are different from those under the GATS:  
a. national treatment may not be accorded to EAEU investors and their investments with 
respect to (i) subsidies and other forms of State support; (ii) acquisition/ownership of 
agricultural, subsoil land and in border areas (leasing of  plots of land  in populat ed area, 
however, remains an option); (iii) all civil transactions, involving sale of all types of 
immovable property, in border areas; and (iv) acquisition of residential premises;  
b. with respect to subsoil use, market access limitations and performance req uirements 
apply to production sharing agreements;48 in addition, marke t access may not be 
accorded to foreign investors - winners of auctions/tenders for subsoil use;49 
c. non-conforming market access limitations  in areas of strategic resources, and in cases of  
transfer of part of the property of an enterprise to the concession.  
4.20.    Under the GATS, the Kyrgyz Republic has not listed any MFN exemptions. Under the EAEU, 
MFN exemptions are reserved for  financial services and types of activities related to natural 
mono polies, energy and transport; some of these are however lifted in accordance with 
liberalization plans for the creation of single service s markets.  
4.4.1.2   Sectoral commitments  
4.21.   In its GATS schedule, the Kyrgyz Republic made specific commitments in generally all  
services sectors; compared to it, the Kyrgyz Republic 's liberalization  commitments  under the EAEU 
are extended – particular ly, with a single market operating in various sub -sectors and full 
liberalization in others.  
4.22.   Table 4.1 summarizes the Kyrgyz Republic 's services commitments under the EAEU in 
comparison with its GATS commitments  with the exception of horizontal limitations and mode 4 . 
Additional details can be  found in Annex 4 and  the Decisions themselves. The column relating to 
                                                
47 Under the GATS, restrictions are lifted: (i) for a period of 90 days as regards services salespersons; 
and (ii) for a period of three years (with an additional extension of up to two years) as regards intra -corporate 
transfers of managers, executives a nd specialists.  
48 Agreements concluded before January 1, 2015, provide for the following obligations on investors (i) 
grant preference to Kyrgyz entities to participate in activities as a contractor, supplier, expeditor, or in another 
capacity; (ii) at lea st 80% of all employees in an entity must be of Kyrgyz nationality; and (iii) at least 50% of 
the total value of orders placed for manufacture of equipment for exploration, development etc. must be 
carried out by entities of Kyrgyz Republic and registered as taxpayers in the Kyrgyz Republic.  
49 To obtain a licence for subsoil use, foreign investors must open a subsidiary company with 100% 
ownership in the Kyrgyz Republic.  WT/REG366/1  
 
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  liberalization under the EAEU indicates whether a single market is/will be in operation, as well as 
the extent of liberalization in sectors not covered by the single market.  
4.23.   The Kyrgyz  Republic 's Schedule of Additional Limitations require s, for any type of activity 
that requires licensing, that services suppliers from other member States establish a legal entity in 
its territory; in addition national treatment and market access limitati ons may apply.50 These 
limitations are lifted when a single market is/will be in force; if that is not the case , the Kyrgyz 
Republic  will limit access from other EAEU member States  and this will be reflected in the table 
below and referred  to in the relevan t paragraphs.  
Table 4.1 The Kyrgyz Republic: Comparison between the GATS and EAEU liberalization 
commitments (excluding mode 4 and horizontal limitations)  
Sectors and Sub -sectors  GATS  Compared 
to the 
GATS EAEU - Accession of the 
Kyrgyz Republica 
1. Business Services        
A. Professional Services  Partial  Improved  SM (2015;2022)/Partial  
B. Computer and Related Services  Full Improved  SM*(2015)/Full  
C. Research and Development Services  Full Improved  SM*(2020)/Full  
D. Real Estate Services  Partial  Improved  SM (2020)  
E. Rental/Leasing Services without 
Operators  Full Improved  SM*(2015;2019)/Full  
F. Other Business Services  Partial  Improved  SM*(2015;2019)/Partial  
2. Communication Services        
A. Postal Services  Partial Similar  Partial  
B. Courier Services  Full Similar  Full 
C. Telecommunication Services  Partial  Similar  Partial  
D. Audiovisual Services  Partial  Improved  SM* (2015;2019)/Partial  
E. Other  --- New Full 
3. Construction and Related 
Engineering Services        
A. General Construction Work for Building  Full Improved  SM* (2015)/Partial  
B. General Construction work for Civil 
Engineering  Full Improved  SM (2015;2021)  
C. Installation and Assembly Work  Full Improved  SM* (2015)/Full  
D. Building Completion and Finishing Work  Full Improved  SM* (2015)/Full  
E. Other  Full New SM* (2015)/Full  
4. Distribution Services        
A. Commission Agents' Services  Full Improved  SM (2015)  
B. Wholesale Trade Services  Partial  Improved  SM* (2015)  
C. Retailing Services  Partial  Improved  SM* (2015)  
D. Franchising  Partial  Improved  SM (2015)  
E. Other  --- New Full 
5. Educational Services        
A. Primary Education Services  Partial  Improved  Partial  
B. Secondary Education Services  Partial  Improved  Partial  
C. Higher Education Services  Partial  Improved  Partial  
D. Adult Education  Partial  Improved  Full 
E. Other Education Services  --- New Full 
6. Environmental Services        
A. Sewage Services  Full Similar  Partial  
B. Refuse Disposal Services  Full Similar  Partial  
C. Sanitation and Similar Services  Full Similar  Partial  
D. Other  Full Similar  Full 
7. Financial Services        
A. All Insurance and Insurance -related 
Services  Partial  Improved  SM (2015)  
B. Banking and Other Financial Services 
(excluding insurance)  Full Improved  SM (2015)  
C. Other  --- New Full 
                                                
50 Limitation 2 of the Schedule. More information on activities requiring licensing is available at Law of 
the Kyrgyz Republic as of October 19, 2013 No. 195 "On the Licensing system in the Kyrgyz Republic ". WT/REG366/1  
 
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  Sectors and Sub -sectors  GATS  Compared 
to the 
GATS EAEU - Accession of the 
Kyrgyz Republica 
8. Health Related and Social Services        
A. Hospital Services  Full Similar  Partial  
B. Other Human Health Services  Full Similar  Partial  
C. Social Services  Full New Full 
D. Other  --- New Full 
9. Tourism and Travel Related 
Services        
A. Hotels and Restaurants (including 
catering)  Full Improved  SM (2015)  
B. Travel Agencies and Tour Operators 
Services  Full Improved  SM (2019)  
C. Tourist Guides Services  Full Similar  Full 
D. Other  Full Similar  Full 
10. Recreational, Cultural and 
Sporting Services        
A. Entertainment Services (including 
theatre, live bands and circus services)  Full Improved  SM (2015)  
B. News Agency Services  Full Similar  Full 
C. Libraries, archives, museums and other 
cultural services  Full Similar  Full 
D. Sporting and Other Recreational 
Services  Full Improved  SM* (2015)/Partial  
E. Other  --- New Full 
11. Transport Services        
A. Maritime Transport Services  Full Improved  SM (2025)  
B. Internal Waterways Transport  --- New Partial  
C. Air Transport Services  Partial  Similar  Partial  
D. Space Transport  --- New Full 
E. Rail Transport Services  Full Improved  SM (2025)  
F. Road Transport Services  Full Improved  SM (2015;  2025)  
G. Pipeline Transport  Full Less --- 
H. Services Auxiliary to All Modes of 
Transport  Partial  Improved  SM (2015;  2025)  
I. Other Transport Services  --- New Full 
12. Other Services not Included 
Elsewhere  --- New Full 
General Note:  MFN and Horizontal limitations, as well as Mode 4 commitments/limitations not 
considered. Under the EAEU, services are classified according to CPC (based on Version 1) 
which was further transferred into CPC Provisional and MTN.GNS/W/120 using the UN 
refere nce table available at: 
https://unstats.un.org/unsd/publication/SeriesM/SeriesM_77ver1_1E.pdf  
a The years in brackets indicate the starting year (any time in the year) of  the functioning of a single 
services market in a specific sector/sub -sector; two years indicate that the sub -sectors involved 
have different final liberalization deadlines.  
SM: Single services market in operation.  
SM*: Single services market in operation in at least one of the sub -sectors.  
Full:  For sub -sectors where no SM is in operation, the specific commitments are not subject to 
limitation(s) under any of the three modes.  
Improved:  Overall improved commitments made under the EAEU compared to those un der the GATS.  
New: New commitments under the EAEU (full or partial, with or without limitations) which can be seen as 
"improved".  
Partial:  For sub -sectors where no SM is in operation, the specific commitments are subject to some 
limitation(s) under any of  the three modes.  
---:  For GATS - no commitments, for EAEU - no project/liberalization plan is in place as of February -
2018.  
Similar:  Similar commitments (EAEU vs GATS); though possibly, in individual cases, with limited 
improvements and/or limited addit ional reservations.  
Source:  WTO document GATS/SC/125, 22 April 1999; Decisions of the Supreme Council Nos 110/14, 111/14, 
112/14, 30/15, 31/15,  32/15,  22/16 and 23/16; and Annex to Amendments Protocol.  WT/REG366/1  
 
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  4.24.   The following sectors/sub -sectors, for which there ar e no GATS commitments , have been 
fully liberalized under the EAEU, inter alia : integrated engineering services, placement and supply 
of services personnel, investigation and security services, building -cleaning services, photographic, 
packaging services, and "other services" under professional, audiovisual and communication, 
distribution, recreational, cultural and sporting, and other transport services . 
4.25.   Business services liberalization has been broadly improved as compared to that under the 
GATS, in partic ular with full liberalization of mode 4. In addition, the Kyrgyz Republic joined the 
single market in some sectors/sub -sectors – e.g. taxation, advisory and pre -design architectural 
services, computer installation and software implementation, and services related to transport 
equipment. For other sub -sectors, generally fully liberalised under the GATS, e.g. accounting, 
auditing, bookkeeping, R&D and real estate services, the single market will start operating during 
the 2020 -2022 period. For engineering and  urban planning services the single market was in 
operation as of 2015, while for services pertaining to hazardous, technically complex and heritage 
objects51 it will function by  2021.  For management consulting services – generally fully liberalised 
under t he GATS – the single market was in operation only in specific sub -sectors, namely, general 
management, financial management except for business tax, marketing and human resources 
management.  Mode 4 reservations , under the EAEU,  have been scheduled for lawy ers, private 
notaries, and judicial experts; these are  generally subject to nationality  requirements . Moreover, 
national treatment limitations apply to private detective and security activities . The supply of legal, 
private notary and auditing services and medical services conducted by private organisations and 
entrepreneurs remains subject to licensing.  
4.26.   Under postal and telecommunications services, partially liberalised under the GATS, various 
activities rema in subject to licensing; in addition, non -conforming national treatment limitations 
apply in postal services. Audiovisual services liberalization has been improved due to  the 
establishment of a single market in sound recording s as of 2015, and in motion pi cture and video 
tape production and distribution, as well as demonstration of video films  as of 2019.  
4.27.   A single market was established in construction and related engineering services, fully 
liberalized under the GATS, in 2015, except for hazardous and com plex objects and heritage 
objects, for which it will be established by 2021. In some urban construction, design, and 
installation works, where a single market is not in operation, license requirements apply. 
4.28.   Under distribution services, the Kyrgyz Republic  improved substantially its GATS 
commitments by joining a single market in commission agents' and franchising services, as well as 
in some sub -sectors in wholesale and retail trade services. Apart from a prohibition on the  sale of 
alcoholic beverages, toba cco, firearms and pharmaceuticals under the GATS, the EAEU list also 
contains, inter alia,  explosive materials, scrap and precious metal waste, precious metals and 
stones.52 In addition, some performance requirements apply to ethyl alcohol, and national 
treatment and market restrictions - to narcotic drugs.  Distribution of electricity, thermal energy, 
and natural gas remain s subject to licenses. 
4.29.   Commitments regarding educational services have been generally improved. Under the 
EAEU, the Kyrgyz Republic extended its GATS commitments to also include services funded from 
State sources. Educational activity except for state and municipal organisations is subject to 
licencing. 
4.30.   With respect to environmental services, fully liberalized under the GATS, three out  of four 
sectors remain restricted in relation to, inter alia , radioactive waste, explosive materials and 
articles, chemicals, and waste disposal – particularly, through licensing requirements. In addition, 
it reserves the right to take non -conforming mark et access measures on non -ferrous and ferrous 
metals waste collection 
4.31.    Financial services liberalization  has been broadly improved as compared to GATS 
commitments. As of its accession to the EAEU, the Kyrgyz Republic fully liberalised some 
sectors/sub -sectors – e.g. insurance for international transportation of individuals and goods, 
services auxiliary to insurance, are fully liberalised for modes 1 and 2, whereas under the GATS, 
these are unbound for mode 1. With respect to banking and other financial serv ices, fully 
                                                
51 See footnotes to the Table A4.1 in Annex 4  for a complete list.  
52 For more detailed information see note c in Annex 4.  WT/REG366/1  
 
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  liberalised under the GATS, national treatment limitations remain under the EAEU. Mode 4 has 
been liberalised throughout the sector. In addition, the single market for financial services will be 
in operation by 2025; thus EAEU financial service s suppliers will benefit from an improved and 
more liberalized regime as compared to those from other  WTO Members (see Section 4.3.1).  
4.32.   As regards health related and social services,  the Kyrgyz Republic 's GATS commitments are 
fully liberalised with respect to hospital, social and other human health services. Under the EAEU, 
sectoral liberalization remains subject to licenc ing requirement s for any type of medical activity.  
4.33.   Commitments on t ourism and travel related services, fully liberalised under the GATS,  have 
been largely improved under the EAEU; mainly due to the establishment of a single market in 
hotel/motel lodging services, and food/beverage serving in 2015; and services of tour operators 
and travel agents in 2019.  
4.34.   Liberalization of recreational, cul tural and sporting services has been improved. As of 2015, 
a single services market was in operation in entertainment, and sporting and other recreational 
services except for organization of a professional lottery, which was fully liberalised except for the 
requirement to get a license. The Kyrgyz Republic reserved the right to apply non -conforming 
market ac cess limitations to mass media services .  
4.35.   Commitments on transport services have been broadly improved under the EAEU. In 2015, 
the Kyrgyz Republic joined the single market in some sectors/sub -sectors – e.g. cargo handling, 
storage and warehouse. Some road , air and maritime transport services require licences. A  
coordinated transport policy, conducted under the EAEU, aims to eliminate existing barriers and 
establish a single services market in maritime, rail, road, and auxiliary ser vices by 2025 (see 
Sectio n 4.3.3).  
4.36.   Investment in mass media, postal services, subsoil resources and resources of national 
importance, distribution of drugs and some environmental services are limited by various 
restrictions including non -conforming market access and national treat ment reservations.  
4.5  Regulatory provisions  
4.37.   The Accession Treaty has no regulatory provisions on domestic regulation, recognition, 
subsidies and safeguards; thus, the EAEU disciplines apply. In particular, they state that when a 
single services market is func tioning in a specific sector, each member State shall:  
a. provide persons of any other member State the right to supply services and accordingly 
grant service suppliers a permit to do so; and  
b. recognise the professional qualifications of the services suppliers . 
4.6  Sector specific provisions on trade in services  
4.6.1   Financial services  
4.38.   The EAEU disciplines on financial service apply to the Kyrgyz Republic. In accordance with 
the provisions of Annex 17 of the EAEU Treaty – the "Protocol of Financial Services" - the Kyrgyz 
Republic has listed a number of limitations in financial services in paragraph 2 in the Annex to the 
Amendments Protocol . These limitations apply in respect of:  
a. commitments in non -life insurance ; re-insurance ; services of insurance agents and 
insurance brokers; and supporting insurance services. These were added to 
Supplement  1 of the EAEU's  Protocol of Financial Services ; and  
b. establishment in respect of all other  types of  financial services . These were added to 
Supplement 2 of the EAEU's  Protocol of Financial Services . 
4.39.    As indicated in  4.31.   au-dessus , a single market for financial services is foreseen by 2025; 
in all EAEU member States including the Kyrgyz Republic, work is being carried out to gradual ly WT/REG366/1  
 
- 34 - 
 
  reduc e financial services limitations as well as to coordinate member States' policy for financial 
markets.  
4.6.2   Electricity services  
4.40.   The EAEU aims at establishing a common electric power market (CEPM) ; its initial phase 
was concluded with the adoption of the Supreme Council Decision No 12/15 "On Concept of 
forming the common electric power market of the EAEU". Since that time, work has continued and 
it has been agreed that the CEPM will be implemented using  the existing trading platforms of its 
members (instead of providing for the creation of a new one).  
4.41.   The Kyrgyz Republic has committed to apply EAEU disciplines as regards the methodology 
for interstate electricity transmission (Section XIII of Annex 1 to the Protocol on Transitional 
Provisions of the Accession Treaty, Section XX of the EAEU Treaty and in particular its Annex 21), 
on the basis of developments within EAEU legislation in that respect. The relevant provisions on 
the electricity market were to be effective from 17 February 2018 ; however, as of July 2018, that 
was not yet the case.   
4.6.3   Rail t ransport services  
4.42.   Section XXI of the EAEU Treaty , which also applies to the Kyrgyz Republic,  regulates 
transport services and applies to road, air, mari time and rail transport, taking into account the 
provisions of Sections XVIII (General Principles and Rules of Competition) and XIX (Natural 
Monopolies). Section XXI is complemented by the Protocol on the Coordinated Transport Policy of 
the member States ( Annex 24). The EAEU Treaty sets the objective of the creation of a common 
transport area within the EAEU through the conclusion of international treaties between the EAEU 
member States .  
4.43.   Railway transport services are regulated in paragraphs 18 -19 of Annex  24 and its 
Supplement 2. The latter contains further rules on access to rail transport and on tariff policies, 
while its two appendices provide rules requiring member States to ensure access , for carriers from 
other member States,  to infrastructure servic es of rail transport (Appendix 1) and to the provision 
of infrastructure services for rail transport  (Appendix 2). Following its accession, the Kyrgyz 
Republic has listed the provision  of infrastructure and performance of necessary works for train 
traffic as well as for shunting movements in its Appendix 2 to Annex 24 (paragraph 4 of the 
Amendments  Protocol ).  
5  GENERAL PROVISIONS O F THE AGREEMENT  
5.1  Transparency  
5.1.  The Accession Treaty has no provision regarding transparency; thus, the EAEU disciplines 
apply to th e Kyrgyz Republic.  
5.2  Current payment and capital movement  
5.2.  The Accession Treaty has no provision regarding current payments and capital movements; 
thus, the EAEU disciplines apply to the Kyrgyz Republic.  
5.3  Exceptions  
5.3.  The Accession Treaty has no provisions regarding exceptions; thus, the EAEU disciplines 
apply to the Kyrgyz Republic.  
5.4  Accession and Withdrawal  
5.4.  Article 11 of the Accession Treaty provides that following its ratification, the Treaty will enter 
into force on the date on which the Commission (the Treaty's depositary ) receives, through 
diplomatic channels, the last written notification of the Parties completing the domestic procedures 
necessary for its entry into force, but no earlier than the date of entry into  force of the EAEU 
Treaty.  The Accession Treaty entered into force on 12 August 2015.  WT/REG366/1  
 
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  5.5  Institutional framework  
5.5.  The institutional framework of the Union  provides for four main institutions ; their composition 
was modified upon Kyrgyz Republic 's accession to ensure its full involvement in the  governance  
activities of the EAEU (EAEU Treaty and Section I of Annex 1 to the  Protocol on Transitional 
Provisions) , as follows:  
a. the Supreme Eurasian Economic Council  - the highest body of the Union composed of 
the Heads of the member States  – was enlarged with Kyrgyz Republic 's President 
becoming a fully -fledged Member . In accordance with the Protocol of 15 March 2018 
amending  the EAEU Treaty, the Supreme Council can also be composed of Prime 
Ministers which have th e power of taking decisions at this level. The Supreme Council 
meets at least once a year and its decisions are taken by consensus ; 
b. the Kyrgyz Republic 's Prime Minister became a Member of the Eurasian 
Intergovernmental Council;  
c. the Eurasian Economic Commis sion, compris ing the Council and the Collegium , was also 
enlarged. Upon its accession and up to February 2016, the Kyrgyz Republic  was 
represented in the Commission's Collegium  by three members, each holding a single 
vote, without assignment of areas of competence (Supreme Council Decision No 8/15); 
and 
d. the size and structure of the Court of the EAEU were adapted, in particular with the 
addition of two Judges from the Kyrgyz Rep ublic to the Court ( Supreme Council Decision 
No 7/15). 
5.6.  As of February 2016, a new Collegium  has been nominated. The Collegium  is composed of 
ten members, two from each member State, one of which acts as the Chair. The Commission's 
activities are divided in to ten functional areas headed by its Members ( Ministers ), totalling 26 
Departments. The Commission's headquarters are in Moscow.   
5.6  Dispute settlement  
5.7.  The Accession Treaty provides that disputes related to the interpretation and/or application of 
the Access ion Treaty shall be resolved in accordance with Article 112 of the EAEU Treaty 
(Article  10).  
5.7  Relationship with other agreements concluded by the Parties  
5.8.  The EAEU Treaty 's disciplines with respect to trade agreements with non -parties are 
contained  in Articles 33 -35 and 102 ; they apply to agreements concluded by the Kyrgyz Republic . 
Regional trade agreements (RTAs) to which the Kyrgyz Republic  is a party are listed in Table 5.1 
below.  
Table 5.1 Kyrgyz Republic : Participation in other RTAs (notified and non -notified in 
force), as of 22 March  2018  
RTA Name  Date of entry 
into force  Coverage  GATT/WTO Notification  
Year WTO Provision  
EAEU member States - Collectively  
EAEU – Viet Nam  05-Oct-16 Goods & Services  2017 GATT Art. XXIV & 
GATS Art. V  
Individual EAEU member Statesa 
KYRGYZ REPUBLIC  
Treaty on a Free Trade Area between 
members of the Commonwealth of 
Independent States (CIS)b 13-Dec-13 Goods  2013 GATT Art. XXIV  
Kyrgyz Republic – Uzbekistan  20-Mar-98 Goods  1999 GATT Art. XXIV  
Kyrgyz Republic - Ukrainec 19-Jan-98 Goods  1999 GATT Art. XXIV  
Kyrgyz Republic - Moldovac 21-Nov-96 Goods  1999 GATT Art. XXIV  WT/REG366/1  
 
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  RTA Name  Date of entry 
into force  Coverage  GATT/WTO Notification  
Year WTO Provision  
Kyrgyz Republic - Kazakhstanc 11-Nov-95 Goods  1999 GATT Art. XXIV  
Kyrgyz Republic - Armeniac 27-Oct-95 Goods  2000 GATT Art. XXIV  
a  For RTAs of the original EAEU member States, see the EAEU Factual Presentation, WT/REG358/1.  
For RTAs of Armenia, see the EAEU – Accession of Armenia Factual Presentation, WT/REG363/ 1. 
b Parties to this Treaty are as follows: Armenia, Belarus, Kazakhstan, Kyrgyz Republic, Republic of 
Moldova, Russian Fede ration, Tajikistan and Ukraine.  The date indicated in the table is the e ntry into 
force for the Kyrgyz Republic . 
c  Article 23.2 of the  Treaty on a Free Trade Area between Members of the CIS st ates that: "The 
Parties have agreed that from the date of entry into force of this Treaty, they will take measures for 
terminating bila teral international treaties existing between them in the manner and within the 
terms stipulated by such treaties, unless the Parties have not agreed otherwise".  
Source:  WTO Secretariat.  
 
5.8  Government procurement  
5.9.  Section XV of Annex 1 to Protocol on Transitional Provisions spells out provisions regarding 
the government procurement regulation in line with Section XXII of the EAEU Treaty.  
5.10.   National treatment in Government (municipal) procurement shall be provided by both the 
Kyrgyz Republic and the other EAEU member States upon the expiration of the transition period of 
two years from the accession date. In addition, the Kyrgyz Republic shall introduce electronic 
government procurement using an electronic digital sign ature upon the expiry of two years from 
the accession date.  
5.9  Intellectual property rights53 
5.11.   Provisions on Intellectual property rights are in Section XVI of the Annex 1 to the Protocol 
Transitional Provisions. The Kyrgyz Republic started apply ing the relevant provisions of Section V 
of the Annex 26 to the EAEU Treaty upon the expiration of a two -year transition period , i.e. on 
12 August 2017.  
5.12.   The Kyrgyz Republic has also committed to develop and approve an action plan on 
implementation of activiti es ensur ing the application of the regional principle of exhaustion of th e 
exclusive right to trademarks54 within three months from the accession date.  As of 4 November 
2015, the Interdepartmental action plan on the establishment of conditions for adaptatio n of 
economic entities of the Kyrgyz Republic to carry out their activities within the conditions where 
the regional principle of exhaustion of the exclusive right to trademarks apply in the Kyrgyz 
Republic for the period of 2015 -2017 has been adopted. Acc ording to the action plan a number of 
outreach campaigns for Kyrgyz businesses have been conducted and methodological guide has 
been developed. In addition, consultations have been provided to stakeholders on a regular basis.  
5.10  Competition  
5.13.   Annex 1 to the Protocol on Transitional Provisions contains disciplines regarding competition 
policy; the provisions of Section XVIII of the EAEU Treaty are applied by the Kyrgyz Republic upon 
the expiration of the 18 -month period after the entry into force of the Accession  Treaty.  
                                                
53 Paragraph 2 of Annex  26 of the EAEU Treaty (" Protocol on Protection and Enforcement of Intellectual 
Property Rights ") defines i ntellectual property objects as "works of science, literature and art, computer 
programs, phonograms, performances, trademarks and service marks, geographical indications, appellations of 
origin of goods, inventions, utility models, industrial designs, selective achievements, layout desig n of 
integrated circuits, know -how and other objects of intellectual property protected by international treaties and 
acts of the EAEU and legislation of the Member states ". 
54 In accordance with p aragraph 16 of the Protocol on Protection and Enforcement of  Intellectual 
Property Rights , the principle of exhaustion of exclusive rights to trademark s provides that  "the use of a 
trademark, trademark of the EAEU in respect of goods that have been lawfully introduced into the civil turnover 
on the territory of any  of the member States directly by the owner of trademark owner and (or) the trademark 
of the EAEU or by other persons with his/her consent shall not constitute a violation of the exclusive right to 
such trademark, trademark of the EAEU".  WT/REG366/1  
 
- 37 - 
 
  5.11  Other  
5.14.   The Accession Treaty and its Protocol on Transitional Provisions  (Section X)  also contain 
disciplines  regarding the collection of indirect taxes . These disciplines describe issues related to  
taxes and taxation , including the collection of value -added taxes and sharing of information  on 
indirect taxes.  WT/REG366/1  
 
- 38 - 
 
  ANNEX 1 
1. The structure of the Kyrgyz Republic's tariff in 2014 -2016 is presented in Table A1.1. The 
average MFN applied rate initially increased from 5% to 8.6% when the Kyrgyz Republic acceded 
to the EAEU, and then decreased to 8.2% in 2016. In terms of categories  of products, in 2014 
WTO Members faced an average tariff of 8.5% when exporting an agricultural product to the 
Kyrgyz Republic, while the average for non -agricultural products was 4%. In 2014, 20.7% of the 
tariff lines on agricultural products were duty -free, while the equivalent figure for non -agricultural 
products was 55%; in 2015 the corresponding figures were 6.7% and 19% for agricultural and 
non-agricultural products respectively. I f only dutiable lines are considered, the Kyrgyz Republic's 
partners i n the Union benefitted in 2015 from an average margin of preference of 15.6% for 
agricultural products, and of 8.6% for non -agricultural.  
Table A1.1 Kyrgyz Republic : Indicators of tariff rates  
Year All Products  Agricultural Productsa Non-agricultural products  
No. of 
lines  Average  
applied tariff  
% of  
duty-
free No. 
of 
lines  Average  
applied tariff  
% of 
duty-
free No. 
of 
lines  Average  
applied tariff  
% of 
duty-
free Overall  
On 
dutiable  
Overall  
On 
dutiable  
Overall  
On 
dutiable  
2014 11,167  5.0 9.4 47.4 2,454  8.5 10.7 20.7 8,713  4.0 8.8 55.0 
2015 11,711  8.6 10.3 16.2 2,684  14.5 15.6 6.7 9,027  6.9 8.6 19.0 
2016 11,610  8.2 10.0 17.4 2,683  14.4 15.5 6.6 8,927  6.4 8.1 20.6 
2017-2019 … … … … … … … … … … … … 
a WTO Definition.  
Note:  For the calculation of averages, specific rates are excluded and the ad valorem  equivalents or 
ad valorem  parts of alternate rates are included . 
 Based on the HS 2012 nomenclature.  
2015 Russian Federation's MFN 2015 which includes Kyrgyz Republic 's exception for 2015 . 
2016 Russian Federation's MFN 2016 which includes Kyrgyz Republic 's exception for 2016 . 
… Not available.  No data yet on the MFN tariffs of Ru ssia for the years 2017 to 2019.  
 Tariffs as of 1 January.  
Source:  WTO estimates based on the WTO-IDB, WTO -TPR and Kyrgyz Republic  authorities.  
 
2. Table A1.2 presents the structure of the CET/Russian Federation applied tariff from 2014 to 
2016. The average MFN applied rate has been progressively reduced from 9.4% in 2014 to 8.7% 
in 2015 and 8.3% i n 2016. In terms of categories of products, in 2015 WTO Members faced an 
average tariff of 7.1% when exporting a non -agricultural product to the Russian Federation, while 
average tariffs imposed for agricultural products were twice as high (i.e. 14.5%). In  2015, slightly 
less than one -fifth of the tariff lines for non -agricultural tariffs were duty -free; the corresponding 
figure for agricultural products was 6.4%. If only dutiable lines are considered, other EAEU 
member States benefitted in 2015 from an ave rage margin of preference of 15.6% for agricultural 
products and of 8.6% for non -agricultural products. Figures for 2015 and 2016 also apply to 
Belarus.  
Table A1.2 CET: Indicators of applied tariff rates  
Year All Products  Agricultural Productsa Non-agricultural products  
No. of 
lines  Average  
applied tariff  
% of  
duty-
free No. of 
lines  Average  
applied tariff  
% of 
duty-
free No. of 
lines  Average  
applied tariff  
% of 
duty-
free Overall  
On 
dutiable  
Overall  
On 
dutiable  
Overall  
On 
dutiable  
2014 11,638  9.4 11.1 14.8 2,683  15.2 16.3 6.3 8,955  7.8 9.4 17.3 
2015 11,711  8.7 10.2 14.9 2,684  14.5 15.6 6.4 9,027  7.1 8.6 17.4 
2016 11,610  8.3 10.0 16.1 2,683  14.5 15.5 6.3 8,927  6.5 8.1 19.0 WT/REG366/1  
 
- 39 - 
 
  Year All Products  Agricultural Productsa Non-agricultural products  
No. of 
lines  Average  
applied tariff  
% of  
duty-
free No. of 
lines  Average  
applied tariff  
% of 
duty-
free No. of 
lines  Average  
applied tariff  
% of 
duty-
free Overall  
On 
dutiable  
Overall  
On 
dutiable  
Overall  
On 
dutiable  
2017- 
2019 … … … … … … … … … … … … 
a  WTO Definition.  
…  No data yet on the MFN tariffs of Russian Federation for the years 2017 to 20 19. 
 The Parties agreed that the Russian Federation MFN is the CET.  
For the calculation of averages, specific rates are excluded and the ad valorem  parts of alternate 
rates are included.   
For 2016, the calculation of averages includes AVEs where the data is sourced from the WTO TPR of 
Russian Federation for 2016.  
Based on the HS 2007 nomenclature (2010 -2011) and HS 2012 nomenclature (2012 -2016).  
Source:  WTO Secretariat estimates based on WTO -IDB, WTO -TPR and Trade Analysis Information Systems  
(TRAINS).  WT/REG366/1  
 
- 40 - 
 
  
 ANNEX 2  
DEFINITIVE ANTI -DUMPING MEASURES IN FORCE IN THE EAEU AND EXTENDED TO  
KYRGYZ REPUBLIC  AS OF 12 AUGUST  2015  
Table A2. 1 Definitive anti -dumping measures in force in the EAEU and extended to 
Kyrgyz Republic as of 12 August 2015  
Country/  
Customs 
Territory  Product,  
investigation ID 
number  Measure(s)  Date of original 
imposition;  
publication reference1 Date(s) of 
extension; 
publication 
reference(s)  
Measures in force as of 1 January 2015  
China  Cold-rolled flat steel 
products with polymer 
coating;  
ID: AD -8-CN Duties  02.01.2015  
Decision of the 
Commission No.  49 dated 
24.05.2012  
 01.07.2017  
Decision of the 
Commission No.  45 
dated 11.05.2017   
Citric acid  
ID: AD -15-CN Duties  12.08.2015  
Decision of the 
Commission No. 15 dated 
10.03.2015   
Cold-worked seamless 
pipes and tubes of 
stainless steel;  
ID: AD -11-CN Duties  02.01.2015  
Decision of the 
Commission No.  65 dated 
09.04.2013    
Enamelled baths of cast 
iron; 
ID: AD -12-CN Duties  02.01.2015  
Decision of the 
Commission No.  64 dated 
09.04.2013   
Rolling -element bearings 
(excl. needle roller 
bearings);  
ID: AD -3-CN Duties  02.01.2015  
Decision of the 
Commission of the 
Customs Union No.  705 
dated 22.06.2011  02.01.2015  
Decision of the 
Commission No.  197 
dated 17.09.2013  
 Stainless steel flatware  
ID:AD -14-CN Duties  12.08.2015  
Decision of the 
Commission No. 56 dated 
19.05.2015   
Germany  Light commercial 
vehicles;  
ID: AD -10-DE Duties  02.01.2015  
Decision of the 
Commission No.  113 dated 
14.05.2013   
India Graphite electrodes;  
ID: AD -9-IN Duties  02.01.2015  
Decision of the 
Commission No.  288 dated 
25.12.2012   
Italy Light commercial 
vehicles;  
ID: AD -10-IT Duties  02.01.2015  
Decision of the 
Commission No.  113 dated 
14.05.2013   
Turkey  Light commercial 
vehicles;  
ID: AD -10-TR Duties  02.01.2015  
Decision of the 
Commission No.  113 dated 
14.05.2013   
                                                
1 All Decisions ca n be accessed at the Commission website, http:// eec.eaeunion.org . WT/REG366/1  
 
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 Country/  
Customs 
Territory  Product,  
investigation ID 
number  Measure(s)  Date of original 
imposition;  
publication reference1 Date(s) of 
extension; 
publication 
reference(s)  
Ukraine  Certain steel pipes and 
tubes;  
ID: AD -1-UA Duties  02.01.2015  
Decision of the 
Commission of the 
Customs Union No.  702 
dated 22.06.2011  
 19.11.2015  
Decision of the 
Commission No.  133 
dated 06.10.2015  
 
03.07.2016  
Decision of the 
Commission No. 48 
dated 02.06.2016  
Forged work -rolls; 
ID: AD -7-UA Duties  02.01.2015  
Decision of the 
Commission of the 
Customs Union No.  904 
dated 09.12.2011  28.02.2015  
Decision of the 
Commission No.  3 
dated 20.01.2015  
 WT/REG366/1  
 
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 ANNEX 3 
SUMMARY OF SUPREME C OUNCIL DECISIONS NOS 112/14 , 18/15  AND 32/15  
Table A3. 1 Number of non -conforming measures with the Protocol on Services and 
Investment, by EAEU  member States and by type of measure  
 BLR KAZ RUS ARM KYR 
TOTAL  28 30 38 28 13 
Of which:       
 State -owned enterprises (para. 16)  1 4 4 1 3 
 Exclusive rights (para. 17)  3 3 4 1 3 
 National treatment (para. 23)   20 21 27 5 9 
 Establishment (para. 26)  26 21 32 6 10 
 MFN (para. 28)  2 4 7 4 1 
 QRs (para. 31)  23 16 26 4 6 
 Performance requirements (para. 33)  2 4 3 2 3 
 Mode 4 (para. 35)  3 9 12 5 5 
Source:  Supreme Council Decisions Nos 112/14 , 18/15  and 32/15 . WT/REG366/1  
 
- 43 - 
 
  
 ANNEX 4 
SERVICES SECTORS LIB ERALIZED IN THE EAEU  IN ACCORDANCE WITH C OUNCIL DECISIONS 
AS OF MARCH 2018  
1. The Table below lists sectors and sub -sectors liberalized and the corresponding liberalization 
plans, in accordance with the Supreme Council Decisions No 110 of 2014, Nos 17 and 18 of 8 May 
2015, Nos 30 and 31 of 16 October 2015 and Nos 22 and 23 of 26 December 2016.  
Table A4. 1 EAEU services liberalization11 
No2 Sectors and Sub -sectors  From CPC3 EAEU liberalization  
KYR 
BLR KAZ RUS ARM 
BUSINESS SERVICES   
II.19 Services in the field of reporting 
and accounting  82213, 82219 
and 82220  2021 2021 
I.26 Taxation services  823 2015 2015 
I.32 Consultation services related to 
architecture  83211  2015 2015 
Professional Services, except services pertaining to hazardous, complex and heritage objects  
I.6. Engineering services  8334 
2015 2024 2015 2015 I.7. Complex services  8331, 83342 and 
83343  
I.8. Urban planning services  83221, 83222, 
83333  
I.9 Landscaping services (except 
heritage objects)  83222  2015 2015 
Professional Services in relation to hazardous, complex and heritage objects  
II.2 Engineering services  8335 and 8339  
2021 2024 2021 2021 II.4 Urban planning  8322  
All other business services  
II.3 Integrated services in 
engineering related areas With 
highways, streets, roads, 
railways, Runways, bridges, 
aboveground and underground 
Motorways, tunnels and 
harbours, waterways, Water 
facilities, main pipelines, Lines 
and lines of energy, pipelines 
And c ables and associated 
structures  83312  2021 2024 2021 2021 
I.31 Consultation services related to 
installation of computers    
2015 2015 I.27 Software application services  83142   
I.28 Data processing services  84300 and 85960  
I.29 Database -related services  84300  
I.30 Services related to computing 
machines, including technical 
maintenance and repair of 
computing machines, and related 
data preparation services  83160  
                                                
1 The table is structured in accordance with MTN.GNS/W/120. Sectors/sub -sectors are listed in a 
summary manner, as compared to the full tex t of each of the Decisions.  
2 The No are structured as follows: "I" means the sectors/sub -sectors are listed in Decisions No 110 of 
2014 and Nos 17 and 31 of 2015; "II" refers to sectors/sub -sectors listed in Decisions No 30 of 2015 and Nos 22 
and 23 of 20 16. The number after that refers to the number (of the sector/subsector) as reflected in the 
relevant Decisions.  
3 The Decisions are based on CPC version 1.   WT/REG366/1  
 
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 No2 Sectors and Sub -sectors  From CPC3 EAEU liberalization  
KYR 
BLR KAZ RUS ARM 
II.21 Conducting research and 
development Experimental 
developments in the field of 
natural sciences in the part of 
applied research  81110, 81120, 
81130, 81140, 
81150 and 81190  
2020 2020 II.20 Conducting research and 
implementation In the field of 
social and human sciences  81210, 81220, 
81230, 81240 
and 81290   
II.8 Services related to immovable 
property, own Or leased (with 
the exception of real estate 
brokerage services)  72111, 72 112, 
72121, 72122, 
72130 and 
72212   
II.9 Property valuation services  72240 and 85990  2020 2020 
II.5 Rental and leasing services for 
pleasure boats without operator  73240  2019 2019 
I.24 Lease of cars and equipment 
without an operator as part of 
rent and leasing services  73112, 73114, 
73121 - 73123  2015 2015 
I.25 Hire of personal items as part of 
leasing services and rent of all 
types of consumer equipment, 
used for leisure  73210  2015 2015 
II.6 Services in the field of 
advertising  83610, 83620, 
83631 and 83690  2019 2019 
II.7 Audit services  82211 and 
82212   2022 2022 
I.35 Market research and opinion 
polling services  83700   
2015 2015 I.33 Consultation services in 
connection with managerial 
issues (excluding financial 
services specified in Part XVI of 
the EAEU Agreement)  83111   
I.34 Services (excluding financial 
services specified in Part XVI of 
the EAEU  Agreement), related to 
consultations on managerial 
issues  83112 - 83114  
II.11 Services for technical testing and 
analysis (laboratory And on the 
ground) (with the exception of 
works for the purposes of 
evaluation (confirmation) 
Conformity of production to the 
established requirements)  83561 - 83564 
and 83569  n.p. n.p. 
I.10 Services related to agriculture  861, 86110 and 
86121  
2015 2015 I.11 Service related to forestry and 
timber stockpiling  86140  
I.12 Services related to game 
management  86130  
I.36 Service on personnel 
accommodation and recruitment 
of personnel, excluding activity 
related to employment services 
for citizens of a EAEU member 
state outside of such member 
state  85111   2015 2015 
I.23 Services related to maintenance 
and repair of equipment, 
including repair of personal items 
and household goods (excluding 
sea vessels and aircraft and 
other transport equipment)  8715 and 87290  2015 n.a. 2015 2015 WT/REG366/1  
 
- 45 - 
 
  
 No2 Sectors and Sub -sectors  From CPC3 EAEU liberalization  
KYR 
BLR KAZ RUS ARM 
I.37 Services related to cleaning of 
premises, specifically cleaning 
and hygiene of residential 
buildings or commercial, 
administrative and industrial 
buildings (excluding disinfection)  85330   
2015 2015 
I.38 Photographic services  8381, 83811 - 
83815, 83819 
and 83820   
I.39 Organization and conducting of 
negotiations and sessions  85970 and 
85990   
I.40 Interpreting and translation 
services, related to translation of 
texts from one language into 
another  83910  2015 2015 
II.12 Geological, geophysical and 
other services Research work in 
the part of scientific advisory 
services in Geology, geophysics, 
geochemistry and other sciences 
related to Search for deposits of 
solid minerals, oil, gas and 
Groundwater, except for field 
works  83510  
2019 2024 2019 2019 
II.13 Services for underground 
surveying survey  83520   
II.14 Services for land surveying 
survey  83530  
II.15 Mapping services  83540  
II.16 Services for weather forecasting 
and meteorology  83550  
COMMUNICATION  SERVICES   
II.17 Services associated with the 
production and distribution of 
Film and video films  96121 and 96141   2019 2019 
II.18 Services for demonstration of 
video films  96152   2019 2019 
I.42 Sound recording services  from 96111  2015 2016 2015 2015 
CONSTRUCTION  AND RELATED  ENGINEERING  SERVICES  
General construction works (except hazardous and complex objectsa and heritage objectsb) 
I.1. For erection of buildings of any 
purpose  54111, 54112, 
54121, 54122  and 
54129  
2015 2024 2015 2015 I.2. Construction of civil engineering 
sites (except services pertaining 
to hazardous, complex and 
heritage objects)  542, 54210, 
54220, 54230, 
54241, 54242, 
54251, 54252, 
54260, 54270 and 
54290  
I.3 Assembly and erection of 
buildings from prefabricated 
elements and works on 
equipment assembly  54400 and 546  
I.4. Construction and finishing works 
at the closing stage  547, 54710, 
54720, 54730, 
54740, 54750, 
54760, 54770 and 
54790  
I.5. Pre-construction works, special 
construction works, demolition of 
buildings and renting of 
construction equipment with an 
operator  543, 54310, 
54320, 54330, 
54341 , 54342, 
54511, 54512, 
54521, 54522, 
54530, 54540, 
54550, 54560, WT/REG366/1  
 
- 46 - 
 
  
 No2 Sectors and Sub -sectors  From CPC3 EAEU liberalization  
KYR 
BLR KAZ RUS ARM 
54570, 54590 and 
54800  
General construction works  
II.1 For the construction of facilities 
of Civil construction  54210, 54220, 
54230, 54241, 
54242, 54251, 
54252, 54260, 
54310, 54320, 
54330, 54342 and 
54800  2021 2024 2021 2021 
DISTRIBUTION SERVICES  
I.13 
I.14 Retail trade servicesc 611 and 612  
621 – 623 
2015 2016 2015 2015 I.15 Services of commission agents, 
including broker services, 
excluding financial services 
specified in Part XVI of the 
agreement on the EAEU  612 
I.16 Franchise services  73340  
TOURISM AND TRAVEL RELATED SERVICES  
I.17 Services of  hotels and public 
catering enterprises (excluding 
sale (serving) of alcohol)  63110, 63210, 
63220, 63230 and 
6330 2015 2016 2015 2015 
II.10 Services travel agency and 
travel agencies (Services of tour 
operators and travel agents)  67811 and 67812  2019 2019 
RECREATIONAL, CULTURAL AND SPORTING SERVICES (other than audiovisual services)  
I.41 Entertainment services 
(theatres, concerts, circuses, 
etc.)  96210  2015 2015 
I.43 Service related to organization 
of sports and other recreational 
activities (excluding gambling 
services)  96510, 96520, 
96590, 96610, 
96620 and 96990   2015 2015 
TRANSPORT  SERVICES  
I.22 Technical maintenance and 
repair of equipment for car 
transport  87141  
2015 n.a. 2015 2015 I.18 Cargo treatment services  67190 and 64339  
I.19 Services of warehouses and 
goods sheds  67290  
I.20 Services of cargo agencies  67910  
I.21 Other intermediary services, 
services related to processing of 
shipping documents, cargo 
inspection, weighing and other 
similar services    
n.a. Not available.  
n.p. Not provided.  
a "Hazardous and complex objects" includes hazardous, highly dangerous and technically complex 
objects of capital construction, including  e.g. nu clear facilities, subway systems, pipelines, etc.  
b "Heritage objects" refer to the conservation of cultural heritage objects (historical and cultural sites).  
c With the exception of: (i) for Belarus: sale of ethanol, alcohol and alcohol -containing product s, 
tobacco products; and (ii) for Kazakhstan and Russian Federation: sale of weapons and weapons 
systems, military equipment and munitions, explosives and associated equipment, precious metals 
and stones, drugs and psychotropic substances, sturgeon and cav iar, ethanol, alcohol and alcohol -
containing products, tobacco and tobacco -containing products , parapharmaceutical and medicinal 
products (exception – until 2016), etc. 
 
__________