RESTRICTED  
  
WT/ACC/KAZ/87  
 
 
8 September 2014  
(14-5088)  Page: 1/41  
Working Party on the Accession of Kazakhstan  Original: English  
 
 ACCESSION OF KAZAKHSTAN 
ADDITIONAL QUESTIONS AND REPLIES 
 The following submission, dated 4 September 2014 , is being circulated at the request of the 
Delegation of Kazakhstan. 
_______________ WT/ACC/KAZ/87 
 
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  TABLE OF CONTENTS 
II. ECONOMIC POLICIES .............................................................................................. 3  
-  Foreign Exchange and Payments ............................................................................. 3  
-  Investment Regime ................................................................................................. 4  
-  State Ownership, State-Trading Entities and Privatization ...................................... 4  
(b) State-owned and State-controlled Enterprises, Enterprises with Special 
and Exclusive Privileges .......................................................................................... 4  
III.  FRAMEWORK FOR MAKING AND ENFORCING PO LICIES .......................................... 7  
IV. POLICIES AFFECTING TRADE IN GOODS ................................................................. 8  
-  Registration Requirements for Im port and Export Operations ................................ 8  
A. IMPORT REGULATIONS ........................................................................................... 9  
-  Ordinary Customs Duties ....................................................................................... 11  
-  Tariff Rate Quotas ................................................................................................. 13  
-  Application of Internal Taxes to Imports ............................................................... 15  
-  Quantitative Import Restrictions, including Prohibitions, Quotas and 
Licensing Sy stems ................................................................................................. 16  
(b)  Import Licensing .................................................................................................. 17  
-  (i) Ethyl Spirits and Alcohol Products .................................................................... 17  
-  (iii) Products containing cryptographi c capabilities, including goods with 
encryption technology and sp ecial technical devices............................................. 17  
-  Other Customs Fo rmalities .................................................................................... 18  
-  Anti-dumping, Countervailing Duty  and Safeguar d Regimes ................................. 21  
-  (b) Regime established und er the EAEU Treaty ..................................................... 21  
B. EXPORT REGU LATIONS ......................................................................................... 22  
-  Customs Tariffs, Fees and Charges for Services Rendered, Application of 
Internal Taxes to Exports ...................................................................................... 22  
-  Quantitative Export Restrictions, including Prohibitions and Quotas ..................... 23  
C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS ............................... 25  
-  Industrial Policy, including Subsidies .................................................................... 25  
-  Technical Barriers to Trade, Standards and Certification ....................................... 26  
-  Trade-Related Investment Measures ..................................................................... 27  
-  Free Zones, Special Economic Areas ...................................................................... 31  
-  Government Pr ocurement ..................................................................................... 33  
V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME ............................................. 35  
-  Geographical Indications, includ ing Appellations of Origin ................................... 35  
ANNEX 1 ....................................................................................................................... . 36 WT/ACC/KAZ/87 
 
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  Unless otherwise indicated, reference in this document to "paragraph" means the paragraph 
number in WT/ACC/SPEC/KAZ/9/Rev.11, the draf t Working Party Report; and reference to 
"question" or "response to question" means th e question number in WT/ACC/KAZ/83, Replies to 
Additional Questions Raised by Member on the draft Working Party Report. 
II. ECONOMIC POLICIES 
- Foreign Exchange and Payments Question 1  
Paragraph 54 states that "Artic le 64 of Section XIV stipulat ed that the coordination of 
exchange rate policy was conducted by a body , which consisted of the heads of Central 
banks of the member States.  The activity of this body would be determined by a 
separate international ag reement within the EAEU." 
- What is the time-frame on the creation of  this body?  There are extensive references 
to coordination of monetary and foreign exchange policy in the EAEU Treaty and 
Annex 15.  Is there a schedule for meetings on this? 
Answer: 
The Advisory Council on Monetary (Currency) Policy had been established within the framework of 
the Single Economic Space in accordance with the Treaty "On Coordinated Monetary (Currency) 
Policy of member States of the Agreement on Coordinated Principles of Monetary Policy of 
December 9, 2010", signed on 12 December 2011 and entered into force on 1 January 2012.  
The Advisory Council on Monetary Policy will continue to function as a consultative body within the 
EAEU with the objective to provide coordination of monetary (currency) policy of member States. 
The decisions of the Council are made based on consensus and are not binding. 
The Advisory Council on Monetary Policy operates on a regular basis and its meetings are held 
once per quarter.  
Kazakhstan has incorporated this reply in to paragraph 54 of the DWPR as follows: 
54. A Member requested that Kazakhstan provide information on regional initiatives in the 
area of foreign exchange and payments policy.  The representative of Kazakhstan replied 
that according to Section XIV "Monetary Policy" and Annex No. 15 "Protocol on measures 
aimed at coordinated monetary policy" of th e EAEU Treaty, which came into effect on 
1 January 2015, the member States developed and carried out coordinated monetary policy within the EAEU.  Article 64 of Section XIV stipul ated that the coordination of exchange rate 
policy was conducted by a body, which consisted of the heads of Central banks of the 
member States.  The Advisory Council on Monetary (Currency) Policy (the Advisory 
Council) had been established within the framework of the Single Economic Space 
in accordance with the Treaty "On Coor dinated Monetary (Currency) Policy of 
member States of the Agreement on Coordi nated Principles of Monetary Policy of 
December 9, 2010", signed on 12December, 2011 and entered into force on 1 
January, 2012.  The Advisory Council would co ntinue to function as a consultative 
body within the EAEU with the objectiv e to provide coordination of monetary 
(currency) policy of member States.  Th e decisions of the Advisory Council were 
made based on consensus and were not bind ing.  It operated on a regular basis 
with meetings held once per quarter.   The representative of Kazakhstan  further 
clarified that a decision-making authority in the area of monetary and fiscal policy remained in the national competence of the member States. WT/ACC/KAZ/87 
 
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  - Investment Regime 
Question 2  Paragraph 76: This paragraph deal with th e issue of Kazakhstan's "borderlands" in 
which ownership or lease-holding by foreig ners and foreign judicial entities is 
prohibited.  We requested in  Question 2 of WT/ACC/KAZ/83 additional information be 
included in this paragraph on the specific d i s t a n c e  f r o m  t h e  b o r d e r  i n c l u d e d  i n  t h e  
definition of "borderlands," which has not been done.   
The response to Question 2 states that: 
"The relevant Government Resolution [o n the definition of "borderlands] is 
expected to be implemented by mid- 2014. We will include the requested 
information in the text of the draft Work ing Party Report as soon as Government 
Resolution is adopted by the Government  of the Republic of Kazakhstan." 
- Please include the citation of the Govern ment Resolution which "is expected to be 
implemented by mid-2014" concerning the mi nimum distance from the border that 
is prohibited for foreign lease of purchase  in the DWPR text, as well as the minimum 
distance specified in the GR referenced in the response. 
Answer: 
The Government Resolution of the Republic of Ka zakhstan No. 365 "On Establishment of the Limits 
of Borderland, Quarantine zone and Border zone" (hereinafter – GR No. 365) was adopted on 16 April 2014 and entered into force on 1 June 2014.  
Kazakhstan will include the requested information on the minimum distance from the border that 
is prohibited for foreign lease of purchases as specified in the GR No. 365 to Paragraph 76 of the 
Section "Investment Regime" of the draft Working Party Report as follows: 
76. "In response to a question concerning the minimum distance from the border that was 
prohibited for lease or purchase by foreigners the representative of Kazakhstan replied that 
according to the Government Resolution of the Republic of Kazakhstan No. 365 "On Establishment of the Limits of Borderland, Quarantine zone and Border zone" of 
16 April 2014, such distance was established wi thin the territory of 27 kilometers and/or 
within administrative territories (districts) adjacent to the State Border of the Republic of Kazakhstan, to the Kazakhstan's banks of the border rivers, lakes and other basins; and on the coast of the Caspian Sea - 25 km adjacent to the shoreline of the Caspian Sea." 
- State Ownership, State-Tradin g Entities and Privatization 
(b) State-owned and State-controlled Ente rprises, Enterprises with Special and 
Exclusive Privileges 
Question 3  
Per Question 3 of the Additional Question s and Replies document, we understand that 
the Majilis has passed a bill requiring any ne w trunk oil or gas pipelines in Kazakhstan 
will be majority-owned by the state, i.e., the state will have at least 51% in any new 
pipelines. 
- Please identify and describe this legislat ion in the Draft Working Party Report along 
with information in response to the following questions? 
 
- Will these future pipelines also be co nsidered "natural monopolies?"   
 
- Will they be administered by KazMunaiGaz  or any of the national holdings or 
national management holdings? 
 WT/ACC/KAZ/87 
 
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  - Will they be "national companies?"   
 - Will they simply be "state-owned enterpri ses, i.e., covered by the commitments in 
paragraphs 133 and 725  of the draft Working Party Report? 
Answer: 
The Law of the Republic of Kazakhstan No. 20-V "O n Main Pipeline" of 22 June 2012 (hereinafter – 
the Law) is aimed at ensuring effective, secure and safe operation of main pipeline.  The Law also 
regulates issues related to the ownership of main pipelines as well as the procedure for 
engineering, construction, operation, and connection of new pipelines to existing pipelines, maintenance control and liquidation of the pipeline. 
According to Article 12 of the Law, main pipeline is an indivisible property and may be in public or 
private ownership. Main pipeline could not be in ownership of physical or juridical persons 
registered in accordance with the laws of a foreign country.  Main pipeline, shares of juridical persons, which own the main pipeline as well as shares of physical or juridical persons which can 
directly or indirectly determine decisions or can influence the decisions of juridical persons which 
own the main pipeline, are considered as "strategic objects" as described in paragraph 91 of the document WT/ACC/SPEC/KAZ/9/Rev.11. 
It should also be noted that pursuant to Article 16 of the Law, the Government has a priority right 
to participate in an amount not less than 51% ownership in projects on construction of new main pipelines.  National operator operates the main pipeline on behalf of the Government. National operator is a juridical person and its controlling shares are owned by the Government or national 
managing holding or national company. 
In case the Government foregoes its priority right, the person who planned to construct the new 
main pipeline may offer participation in the project to other persons or perform the project on its 
own.  However, the conditions for participation in construction of a main pipeline offered to other 
persons can not be more favorable than those offered to the Government.  The Government may take a decision to participate in the project with the share less than 51%.  At the same time, the 
priority right of the Government does not extend  to the cases of expansion of existing main 
pipelines. 
According to Article 4 of the Law "On Natural Monopolies", main pipelines are natural monopolies.  Question 4  
Paragraph 118 states that "there were no i mmediate plans for the privatization of the 
"Samruk Kazyna"'s holdings."  
- What is the legal authority for privatizing national companies, national holdings, or 
national managing holdings and the companies they own or hold? 
 - Have any such companies ever been privatized? 
Answer: 
Privatization of national companies, national holdings, or national managing holdings and the 
companies they hold is conducted by the means of alienation of shares of such companies. 
The legal basis for alienation of shares of th e abovementioned companies is the Law No. 415-II 
"On the Joint Stock Companies" of 13 May 2013.  Pursuant to Paragraph 2.15 Article 53 of the 
Law, the decision on alienation of 10% or more sh ares of the daughter and affiliated companies of 
the National Welfare Fund "Samruk-Kazyna" is under the competence of the Board of Directors of 
the Fund. 
Pursuant to the Government Resolution No. 280 of 31 March 2014 as amended on 30 April 2014 
"On Approval of Complex Plan of Privatization for 2014-2016", the Government recommends to 
national holdings, national managing holdings, national companies to approve the list of daughter WT/ACC/KAZ/87 
 
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  and affiliated companies subject to tran sfer into competitive environment.  
There are 106 entities of National Welfare Fund "Samruk-Kazyna" subject to alienation primarily 
by means of bidding and four companies ("Kazakhstan Temir Zholy", "KazAtomProm", "Samruk-Energo", "KEGOC") are subject to "Halyk IPO" pr ocedure. These companies operate in the spheres 
of oil and gas, transportation, energy, telecommunication, services and education.   
In addition, the National Managing Holding "Baiterek" would alienate 15 subsidiaries, National 
Holding "KazAgro" – 32 subsidiaries, National Scientific-Technological Holding "Parasat" – 
8 subsidiaries, National Info-Communicational Holding "Zerde" – 1 subsidiary, Social-  
Entrepreneurial Corporations – 175 subsidiaries.    
Full list of entities subject to privatization in 2014-2016 could be found in the following web-link: 
http://www.skc.kz/upload/iblock/ffe /ii.-postanovlenie-pravitelstva- rk-ot-31-03-2014- _-280.pdf   
Question 5  
Paragraph 132:  We support confirmation  of, i.e., removal of brackets from 
[1 January 2016], to establish the date for the elimination of the local content 
requirements in the procurement rules of companies that were national companies, 
national managing holdings, or national ho ldings; and JSCs/LLPs in which the national 
managing holdings and national holdings  owned 50% or more of the shares.   
Answer: 
Kazakhstan will be ready to remove brackets as soon as negotiations with WTO Members on this 
matter are finalized. 
Question 6  
Paragraph 134: We support confirmation of, i.e., removal of brackets from 
[1 January 2016], to establish the date for the elimination of the local content 
requirements in the procurement rules of companies that were national companies, 
national managing holdings, or national ho ldings; and JSCs/LLPs in which the national 
managing holdings and national holdings owned 50% or more of the shares. 
Answer: 
Kazakhstan will be ready to remove brackets as soon as negotiations with WTO Members on this 
matter are finalized. 
Question 7  Paragraph 132: As regards the request for a transitional period to phase out local 
content requirements, we would like to remind that there does not seem to be 
precedents in this respect. Accordingly, paragraph 134, which further describes the 
scope of the commitment paragraph 133, should  apply from the date of accession and 
not as from any of the two alternative date s mentioned in brackets (1 January 2016 and 
1 January 2018). 
Answer: 
The national companies, national managing hold ings (Samruk-Kazyna, KazAgro and Bayterek), or 
national holdings (Zerde and Parasat) currently  have been working on the development of new 
procurement rules. The WTO compatible international experience is being reviewed by the group of experts within the NWF "Samruk-Kazyna" and it w ill require sufficient timeframe to develop new 
procurement regulations. Therefore, Kazakhstan requests a limited transitional period until 
1 January 2016 with the purpose to develop and introduce the new procurement rules.  WT/ACC/KAZ/87 
 
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  III.  FRAMEWORK FOR MAKING AND ENFORCING POLICIES 
Question 8  The response to Question 10 of WT/ACC/KAZ/ 83 states that "Kazakhstan has developed 
the draft law implementing the results of ac cession negotiations that is now undergoing 
internal approval procedures.  It is planned that the draft law would enter into force at 
the moment of ratification of Kazakhstan 's Protocol of accession to the WTO." 
- We need more information on when this  legislation will be enacted.  Clearly, 
Kazakhstan's WTO commitment of whatever ch aracter should enter into force on the 
date of accession, but we seek confirmation  that the legal basis for this will be 
enacted prior to the conclusion of the negotiations, i.e., the last Working Party meeting. 
Answer: 
In accordance with the procedure of intergovernm ental approval, it is planned that the draft law 
will be introduced to the Ministry of Justice in  October 2014, the Prime Minister's Cabinet – in 
November 2014 and, finally, the Parliament – by  31 December 2014.  Therefore, the draft law is 
envisaged to be enacted in the first half of  2015 upon approval by the Chambers of the 
Parliament. 
Question 9  
Paragraph 201 states that "WTO Agreements would have a priority over international 
agreements concluded earlier." 
- Does this include the Treaty of the Eurasian Economic Union (EAEU)? 
Answer: 
Paragraph 245 states that according to the Treaty  "On the Functioning of the Customs Union in the 
Framework of the Multilateral Trading System" of 19 May 2011, the EAEU member States are 
required to adopt measures to adjust the EAEU  legal framework and decisions of the Supreme 
Council and the EEC to comply with the WTO Agreements as stipulated in the Protocol of Accession of each member State.  Until those measures ar e adopted, the EAEU agreements and decisions of 
the Supreme Council and the EEC will apply only to the extent that they comply with the 
WTO Agreements.  Thus, the rights and commitments of an EAEU member State under the WTO Agreements will have priority over the EAEU legal framework, including the Treaty of the EAEU, until they are brought into full compliance with the WTO Agreements. 
Question 10  
Paragraph 237 states that "The grounds to cha llenge the EAEU Treaty or acts of the EEC, 
or their individual provisions, or any action  (inaction) of EEC were their non-compliance 
with international treaties concluded within  the framework of the EAEU, which resulted 
in the violation of the rights and lawful inte rests of economic operators in the field of 
entrepreneurial and other economic activiti es, provided for by those international 
treaties." 
- Please confirm that this right of cha llenge extends to third country economic 
operators, as indicated in paragraph 236. 
 
- If this is not accurate, please clarify the rights economic operators from third 
countries doing business under EAEU rules to  use the challenge process in the Court 
of the EAEU. 
 
- Could challenges by economic operator s (both from EAEU and third countries), 
based on "their rights and legal interest s under the Treaty and (or) international 
treaties within the EAEU," invoke the Tr eaty "On the Functioning of the Customs WT/ACC/KAZ/87 
 
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  Union in the Framework of the Multilateral Trading System" of 19 May 2011 to seek 
enforcement of Kazakhstan's WTO obligations? 
Answer: 
Kazakhstan confirms that the right to challenge "acts of the EEC, or their individual provisions, or 
any action (omission) of the EEC" as indicated in  paragraph 237, extends also to third country 
economic operators, as indicated in paragraph 236. 
According to paragraph 39 of Chapter IV of Anne x 2 to the EAEU Treaty, challenges by economic 
operators (both from the EAEU and third countries) can be brought against decisions and actions 
(omission) of the EEC if they affect their rights and legal interests under the Treaty and (or) international treaties within the EAEU.  Theref ore, economic operators can invoke the Treaty 
"On the Functioning of the Customs Union in the Fr amework of the Multilateral Trading System" of 
19 May 2011 in their challenge if the decisions and actions (omission) of the EEC affect their rights 
and legal interests under this Treaty. 
IV. POLICIES AFFECTING TRADE IN GOODS 
- Registration Requirements for Import and Export Operations 
Question 11  We wish to bring to the attention of the Working Party that it is now more than a year 
since we submitted the question to Kazakhstan  related to prohibition of registration of 
non - Kazakhs as individual entrepreneurs in Kazakhstan and requested the specific 
commitment language to be included into the draft Report of the Working Party.  
Kazakhstan chose to ignore the question and has failed to provide the adequate and 
satisfactory answer.  It should be also no ted that, regretfully, the question and the 
request for the commitment language have not been reflected in the Draft Working 
Party Report, either. 
In the light of discussions at the meetings  in the week of 21 July 2014, this Member 
proposes slightly revised commitment language  to be included in the Draft Working 
Party Report: 
 269. [The representative of Kazakhstan confirmed that, before the conclusion of 
negotiations, Kazakhstan would amend the Law of the Republic of Kazakhstan on 
Private Entrepreneurship (No. 124-III ZR K of 31 January 2006, with subsequent 
amendments) and any legislation (domestic,  C U  o r  E A E U )  a s  m a y  b e  r e q u i r e d  t o  
allow natural persons, WTO Members' ci tizens, to register as individual 
entrepreneurs in Kazakhstan.  The represen tative of Kazakhstan further confirmed 
that, from the date of accession, Kazakhstan would allow the stay of up to 
30 calendar days to citizens of WTO Memb ers, without any registration with any 
state authority and would exempt them fr om filling out migration card (cards) if 
their stay does not exceed 30 days from th e date of entry.  The Working Party took 
note of these commitments.]    
We find the issues raised are legitimate WT O issues.  The acceding country is not in a 
position to decide what is and what is not a WTO issue.  Therefore, we will wait for as 
long as may be necessary for Kazakhstan to  provide the adequate answer.  We will not 
be able to conclude negotiation with Kazakh stan before these issues are resolved in a 
satisfactory manner. 
Answer:  
As indicated in our previous reply, issues of em ployment of natural persons, such as individual 
entrepreneurs, are not regulated by the WTO Multilateral Trade Agreements.  Within the 
framework of the ongoing WTO accession negotiations, as any other acceding country, Kazakhstan 
is undertaking commitments under the GATS in its Services Schedule on regulation of entry and 
stay of foreign qualified personnel such as Intra-Corporate Transferees and Business Visitors. WT/ACC/KAZ/87 
 
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  Kazakhstan's national legislation, as of any other WTO Member's, does not provide national 
treatment to employment of foreign natural persons.  
Registration requirements applied to foreign vi sitors are not governed by WTO Agreements and 
none of the WTO Members is obliged to provide MFN treatment on this issue.  
Therefore, Kazakhstan is not ready to include the proposed commitment text into the draft 
Working Party Report.  
Question 12  
Paragraph 268: We urge Kazakhstan to add to the commitment paragraph 268, Section 
"IV. Policies Affecting Trade in Goods" , the following highlighted wording:  
 […The representative of Kazakhstan co nfirmed that Kazakhstan would not make 
the procedures or overall requirements to register as a juridical person more 
burdensome than necessary, would not disc riminate between foreign and domestic 
applicants in approving requests for regi stration [would not apply procedures and 
requirements in a disguised restrictive manner] and would also comply with other 
applicable provisions of the WTO Agreemen t [including transparency obligation].  
The Working Party took note of these commitments.] 
We proposed to add this wording twice before  and it has not yet been included in the 
Draft Working Party Report.  We would like to  have this language as a reminder on 
transparency, since it is a key issue and th e Members take much interest in compliance 
with transparency obligations. 
Answer: 
Kazakhstan proposes the following commitment text: 
268. [In response to further questions from Members, the representative of Kazakhstan 
stated that the Government, in respect to measures affecting trade in goods with other 
WTO Members, would continue its policy of main taining an expeditious registration process, 
and applying transparent and predictable requirem ents that were not burdensome to satisfy.  
She added that Kazakhstan would not apply registration requirements to limit the possibility 
for juridical persons to engage in importing and exporting, and that once registered in the 
form of juridical persons of Kazakhstan, they could import or export products as described in this Report.  The representative of Kazakhstan confirmed that Kazakhstan would not make the procedures or overall requirements to register as a juridical person more burdensome 
than necessary, would not discriminate betw een foreign and domestic applicants in 
approving requests for registration, would no t apply procedures and requirements in a 
restrictive manner and would also comply with other applicable provisions of the WTO 
Agreement including transparency obligation.   The Working Party took note of these 
commitments.] 
A. IMPORT REGULATIONS 
Question 13  
Following the Transparency Session on the Tr eaty on the Eurasian Economic Union on 
21 July 2014, we are seeking to get clarif ication on the application of Article 40 
"Retaliatory Measures With Regard to Third Party", Article 44 "Tariff Rate Quotas" and 
Article 50 "Other Measures of Protection of  the Internal Market" by Kazakhstan and 
their compliance with the WTO rules and norms. 
Since the Treaty on the Eurasian Economic Union inevitably influences trade and thus 
draws much attention, both general and to its detail, we reserve our right to submit 
additional questions to Kazakhstan's delegation later. WT/ACC/KAZ/87 
 
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  Answer: 
Article 40 "Retaliatory Measures with Respect to Third Party"  
In accordance with Article 40 "Retaliatory Measures with Respect to Third Party"  in case an 
international treaty of the EAEU and thirds party or an international treaty of the EAEU member 
States with third party provides for the application of retaliatory measures, the decision to apply 
such measures is taken by the Commission. 
Retaliatory measures can be applied in the form of increase of import customs duty rates, 
quantitative restrictions, temporary suspension of granting tariff preferences or other trade-related 
measures within the EEC competence.  
In cases provided for in the international treaties  of the EAEU member States concluded with third 
parties before 1 January 2015 the EAEU member States are entitled to apply unilaterally 
retaliatory measures (increase of import customs duty rates and unilaterally suspension of 
granting of tariff preferences).  
The incorporation of such provisions in the international agreements is a voluntary will of the 
parties to such agreements. Should all the parties consent to include such provision in their treaty, 
Article 40 enables the EAEU and the EAEU member States to implement this right.  
Article 44 "Tariff Rate Quotas" of the EAEU Treaty  
Mechanism and terms for application of tariff rate quotas on the common customs territory are 
provided in Articles 44-45 and Annexes 6-7 of the EAEU Treaty. Until the EAEU Treaty enters into 
force, the mechanism and conditions of applicat ion of tariff rate quotas are regulated by the 
Agreement on Conditions and Mechanism of Application of Tariff Rate Quotas of 
12 December 2008 and the Protocol of 21 June 2013 concerning amendments to the Agreement 
on Conditions and Mechanism of Application of Tariff Rate Quotas of 12 December 2008. 
The Commission allocates volumes of tariff rate quotas on imports of agricultural goods to the 
territory of the EAEU between the EAEU member States within the difference between the volumes 
of consumption and production of these goods on the territory of each member State of the EAEU, 
if such difference was taken into account in calculation of the volume of tariff rate quota. For the 
EAEU member State, which is a WTO Member, the volume of tariff rate quota is established based 
on the WTO commitments of such member State. 
Decision of the Commission on establishing tariff rate quotas contains information on types of 
agricultural goods towards which tariff rate quota is  established, volumes of tariff rate quotas, as 
well as on validity period of tariff rate quota for these goods. Allocation of tariff rate quotas 
between participants of foreign trade activity is determined in accordance with the national 
legislation of member States. 
In respect of goods towards which tariff rate quotas are established, differentiated import customs 
duty rates are applied within the established volu me of tariff rate quota and in excess of that 
volume within the certain period of time. 
Customs clearance of goods imported to the common customs territory under the tariff rate quota 
is carried out provided that the licence for im ports of such goods has been issued by the 
authorized body of the member State. WT/ACC/KAZ/87 
 
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  Article 50 "Other measures of Protection of the Internal Market" of the EAEU Treaty  
In accordance with Article 50 "Other Measures of Pr otection of the Internal Market" an 
international treaty of the EAEU concluded with a third party on the establishment of free trade regime may provide for the right to apply (in order to eliminate negative impact of the imports 
from such third party) measures aimed at protection on bilateral basis of the internal market  that 
are different from safeguard, anti-dumping and countervailing measures, including in respect to the agricultural goods.  
The incorporation of such provisions in the international agreements is a voluntary will of the 
parties to such agreements. Should all the parties consent to include such provision in their treaty, Article 50 enables the EAEU to implement this right. 
Since such measures are applied only on a bilateral basis and aimed to remedy the injury that may 
be caused only by the increased imports due to application of the prefer ential trade agreement, 
the rules of their application are not covered by the WTO Agreements. 
- Ordinary Customs Duties 
Question 14  
The response to Question 13  of WT/ACC/KAZ/83 states that  "headnotes are currently 
being developed based on the bilateral agreements signed between Kazakhstan and 
WTO Members.  As soon as this work is co mpleted, Kazakhstan will send the relevant 
headnotes for consideration by Members." 
- Kazakhstan's draft goods schedule is no t complete without headnotes.  We cannot 
verify the consolidated schedule without this component in place in the draft. 
Answer: 
Headnotes for Kazakhstan's Consolidated Goods Schedule (to:  Part I – MFN Tariff. Section I – 
Agricultural Products. Section I – A.  Tariffs) developed based on the bilateral agreements signed 
between Kazakhstan and WTO Members have been sent to the WTO Secretariat on 
23 August 2014. 
Question 15  
Paragraph 294:  We are working with other WTO Members to resolve Kazakhstan's 
request for tariff adjustment in the context of establishing its market access commitments in a Goods Schedule.  Until thes e discussions are completed, this Member 
supports retention of this draft commitment text: 
294.   [The representative of Kazakhstan confirms that upon accession to the WTO, 
the CU CET will be brought into complianc e with Kazakhstan's tariff commitments, 
with regard to the entire commodity nomenclature, in accordance with the results of 
the ongoing "adjustment" negotiations aimed at unification of tariff commitments of 
the Russian Federation and the Republic of Kazakhstan.  The Working Party took 
note of this commitment.] 
Answer: 
Kazakhstan took note of this comment given that discussions on the proposal by the Chairman of 
Working Party on Ordinary Customs Duties (JOB/ACC/ 40) on future tariff adjustment process have 
not been finalized.  As soon as the new text is agreed, Kazakhstan plans to replace the current 
text with the new commitment text agreed as the result of ongoing consultations. WT/ACC/KAZ/87 
 
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  Question 16  
Paragraph 297 refers to "competent bodies of the CU."  - Should this reference be amended to re ference "competent bodies of the EAEU?" 
Answer: 
Paragraph 297 will be amended as follows: 
297. [In response to requests from Members, the representative of Kazakhstan confirmed 
that, upon its accession to the WTO, the GSP Scheme for developing and least-developed 
countries would be applied, whether by Kaza khstan or by the competent bodies of the EAEU 
CU, in conformity with the relevant provisio ns of the WTO Agreement.  The Working Party 
took note of this commitment.] 
Question 17  
Comments to the Kazakhstan's draft ITA sche dule from 12 May 2014 (according to the 
communication of the Republic of Kazakhst an confirming its commitment to become a 
participant of the Ministerial Declaration on  Trade in Information Technology Products 
(ITA) upon its accession to the WTO): 
We would like to confirm our position on Ka zakhstan's draft ITA schedule in the context 
of bilateral negotiations on Kazakhstan's  WTO accession that was sent to the ITA 
Committee: 
1) We request Kazakhstan to bind duties at  zero level for all tariff lines listed in 
Kazakhstan's draft ITA schedule from the da te of accession to the WTO (without any 
implementation period). 
Answer: 
According to the Treaty on Functioning of th e Customs Union within the Multilateral Trade  System 
of 19 May 2011, the commitments of a CU Party undertaken upon accession to the WTO on the 
issues that belong to the common competence became  part of the legal base of the Customs 
Union.  
Thus, the Common External Tariff of the Eurasian Economic Union, which Kazakhstan applies as 
CU member, will be brought into compliance with the goods market access commitments of the 
Russian Federation, including ITA commitments.  
Given that the full implementation of the ITA commitments by the Russian Federation will take 
place in September 2015, Kazakhstan will be applyi ng zero customs duty rates from the date of its 
accession to the WTO. Therefore, there is no need to change Kazakhstan's draft ITA Schedule. 
2) We request Kazakhstan to grant to us In itial Negotiating Rights (INRs) for all goods 
listed in Kazakhstan's draft ITA schedule. 
Answer: 
Given that the results of Kazakhstan's bilateral goods market access negotiations have been 
consolidated and forwarded to Signatory Members for verification, Kazakhstan at this stage cannot 
grant initial negotiating rights to any Member. WT/ACC/KAZ/87 
 
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  - Tariff Rate Quotas 
Question 18  Paragraphs 328 and 329 state that: 
"328. …A "new entrant" had to import th e beef, pork, or poultry under the out-of-
quota duty rate to be included late r in the list of historical suppliers. 
 329. Some Members expressed concern th at the TRQ regime that Kazakhstan 
applied under the EAEU, did not appear to  allocate any in-quota volume to new 
entrants.  As the representative stated ab ove, it appeared that an importer newly 
entering the market had to import at the over- quota rate which acted to limit the 
quantity of imports.  Thus, in subsequent years, this importer would qualify only for 
a small in-quota allocation, since alloca tions were based on imports over the 
previous year.  In these Members' view, th is did not provide sufficient flexibility in 
the market.  These Members further emphasized that allocating the TRQ only to historical suppliers could be problema tic as some suppliers were no longer 
participants in the market." 
We believe that Kazakhstan has amended it s TRQ administration to provide a fixed 
portion of the Tariff Quota for "new entrants." 
- Please revise this part of the WP report  to describe the chan ges in these and any 
other provisions of Kazakhstan's TR Q administration in recent years. 
Answer: 
Resolution of the Government of the Repub lic of Kazakhstan No.1089 "On Amendments and 
Addenda to the Resolution of the Government of  the Republic of Kazakhstan No. 269 "On Certain 
Issues of Allocation of Tariff Rate Quotas for Imports of Certain Kinds of Meat" of 24 March 2014", dated 24 August 2013 introduced amendments to th e Rules for Allocation of Tariff Rate Quotas for 
Imports of Certain Kinds of Meat to the territory of the Republic of Kazakhstan.  
Given the amendments, the following changes will be made: 
328. The Eurasian Economic Commission had also determined that the TRQs in the 
EAEU member States were to be administered by the governments of the 
EAEU member States in accordance with their respective national legislation.  In Kazakhstan TRQs were regulated by Law No. 544 "On Regulati on of Trade Activity" and Resolution of the 
Government of Kazakhstan No. 269. Resolution No. 269 approved the rules for allocation of 
volumes of TRQs between suppliers, which provided for allocation based on the "historical 
principle", i.e. allocations proportionate to the volume of imports in the previous period….  
…A "new entrant" had to import the beef, pork, or poultry under the out-of-quota duty rate to 
be included later in the list of historical suppliers. 
329bis. The representative of Kazakhstan st ated that Resolution of the Government 
of the Republic of Kazakhstan No.1089 "On Amendments and Addenda to the 
Resolution of the Government of the Repu blic of Kazakhstan No. 269 "On Certain 
Issues of Allocation of Tariff Rate Quotas for Imports of Certain Kinds of Meat" of 24 
March 2014", dated 24 August 2013 had introd uced mechanism of allocation of tariff 
rate quotas for new suppliers. Pursuant to th is Resolution, the volumes of tariff rate 
quotas were allocated among new suppliers in  the order of priority of application of 
new suppliers for import licenses. Import licenses were issued by the authorized 
body in the field of regulation of trade ac tivity until exhaustion of volumes of tariff 
rate quota established for new suppliers. Sh e also noted that allocation of the in-
quota volume per supplier should not exceed 20% of the total volume of tariff rate quota established for new suppliers. WT/ACC/KAZ/87 
 
- 14 - 
 
  Question 19  
Paragraph 337:  We thank Kazakhstan fo r its movement towards a single draft 
commitment for this section.  However, we  believe that the reference to economic 
quantities needs further work.  The Minister ial Decision adopted by WTO Members on 7 
December 2013 ("The Understanding on Tariff Rate Quota Administration Provisions of 
Agricultural Products, as Defined in Article 2 of the Agreement on Agriculture") states 
that "As regards Article 3.5 (i), licenses fo r scheduled tariff quotas shall be issued in 
economic quantities".   In light of this, we  seek Kazakhstan's agreement to a straight-
forward commitment to provide TRQ allocati ons in economic quantities, as follows: 
337.   [The representative of Kazakhstan confirmed that from the date of accession 
of Kazakhstan to the WTO, import TRQs applied in Kazakhstan would be 
administered, whether by the competent Bodi es of the EAEU or by authorities of 
Kazakhstan, in a manner that was consis tent with the GATT 1994 and other relevant 
WTO Agreements, including the Agreement on Import Licensing Procedures and the 
Agreement on Agriculture.  She further confirmed that, in implementing TRQs, 
Kazakhstan [would provide for allocations under the TRQs in commercially viable 
quantities as provided for in Paragraph 5 of the "Understanding on Tariff Rate Quota 
Administration Provisions of Agricultural Products, as Defined in Article 2 of the 
Agreement on Agriculture", and] would provide opportunity for new entrants 
seeking access to in-quota allocations under the TRQ [and would take into account 
the desirability of issuing licenses for produc ts in economic quantities as stipulated 
in Article 3.5 (i) of the WTO Agreement on Im port Licensing Procedures].  In case, if 
Kazakhstan decides to allocate TRQs on a co untry-specific basis, it would provide for 
a transparent, predictable, and timely rea llocation mechanism that allows for full 
utilisation of TRQs by WTO Members.  The Working Party took note of these 
commitments.] 
Answer: 
It should be noted that the WTO rules and regulati ons concerning allocation of tariff rate quotas, 
do not provide for the term "commercially viab le quantities".  Therefore, the meaning of 
"commercially viable quantities" proposed to be included in the commitment text is not clear and could lead to different interpretations of this te rm by WTO Members and, consequently, to disputes 
in future.  
Both the WTO Agreement on Import Licensing Proc edures and the Understanding on Tariff Rate 
Quota Administration Provisions of Agricultural Pr oducts, as Defined in Article 2 of the Agreement 
on Agriculture stipulate that licences shall be issued in economic quantities.  
Therefore, Kazakhstan would prefer to stick to the language based on the WTO rules and 
procedures (proposed by Kazakhstan in WT/ACC/KAZ/83): 
337.   [The representative of Kazakhstan confirmed that from the date of accession of 
Kazakhstan to the WTO, import TRQs applied in Kazakhstan would be administered, whether 
by the competent Bodies of the EAEU or by au thorities of Kazakhstan, in a manner that was 
consistent with the GATT 1994 and other relevant WTO Agreements, including the Agreement 
on Import Licensing Procedures and the Agreement on Agriculture She further confirmed that, 
in implementing TRQs, Kazakhstan would provide for allocations under the TRQs in 
commercially viable quantities and would provide opportunity for new entrants seeking access 
to in-quota allocations under the TRQ and would take into account the desirability of 
issuing licenses for products in economic quan tities as stipulated in Article 3.5 (i) of 
the WTO Agreement on Import Licensing Procedures.   In case, if Kazakhstan decides to 
allocate TRQs on a country-specific basis, it wo uld provide for a transparent, predictable, and 
timely reallocation mechanism that allows for full utilisation of TRQs by WTO Members.  The 
Working Party took note of these commitments.] WT/ACC/KAZ/87 
 
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  - Application of Internal Taxes to Imports 
 - Value Added Tax  
Question 20  Paragraph 359  states that "Kazakhstan planned to reform the VAT preference for 
agricultural producers and processors by introducing alternative WTO compatible 
agricultural subsidy mechanism.  In this re gard, the transitional period until 1 January 
2018 was required to eliminate the VAT preferences and develop a WTO compatible 
direct agricultural subsidy mechanism." 
- We would appreciate a description in the text of the Draft Working Party Report of 
the measures Kazakhstan will take to ensure that the tax treatment for imported agricultural products is made "no less fa vourable" than that applied to similar 
domestic goods. 
Answer: 
A s  d e s c r i b e d  i n  P a r a g r a p h  3 5 9 ,  t h e  G o v e r n m e n t  o f  K a z a k h s t a n  p l a n s  t o  r e f o r m  t h e  V A T  
preferences for agricultural producers and proces sors by introducing alternative WTO compatible 
agricultural subsidy mechanism.  In this regard , the transitional period until 1 January 2018 is 
required to eliminate the VAT preferences and develop a WTO compatible direct subsidy 
mechanism for agricultural producers.  Thus, by 1 January 2018, Kazakhstan will introduce 
amendments into the Tax Code of the Republic of Kazakhstan in order to ensure that the tax treatment for imported agricultural products is made "no less favourable" than that applied to similar domestic goods.  
Kazakhstan will reflect this in the WPR in the following way: 
359….At the same time the Government of Kazakh stan planned to reform the VAT preference 
for agricultural producers and processors by introducing alternative WTO compatible 
agricultural subsidy mechanism.  In this regard, the transitional period until 1 January 2018 
was required to introduce amendments into the Tax Code with the purpose to 
eliminate the VAT preferences and, thus , ensuring that the tax treatment for 
imported agricultural products is no less favourable than that applied to similar 
domestic goods , and develop a WTO compatible direct subsidy mechanism for agricultural 
producers .    
 - Excise Taxes  
Question 21  The response to Question 21 states that in 2014 alcohol products are taxed at 1,000 
tenge per litre.  This tax is applied, inter ali a, to all distilled alcoho lic beverages, except 
for cognac which is taxed at 250 tenge per litre. 
- On what basis is cognac, a distilled al coholic beverage, distinguished from other 
distilled alcoholic beverages for excise tax purposes? 
Answer: 
First, it should be noted that as required by  Article III of GATT 1994, Kazakhstan applies uniform 
excise tax rates for imported and domestically produced alcoholic beverages, including cognac. 
Second, the main reason for distinguishing the excise tax rates for brandy (cognac) from the rates 
for other distilled alcoholic beverages is related to the production process.  The technological 
process of production of brandy (cognac) is mo re complicated than the technological process of 
production of other distilled alcoholic beverages (such as vodka). WT/ACC/KAZ/87 
 
- 16 - 
 
  Consequently, the cost of production, processing, maturation, and bottling of brandy (cognac) is 
significantly higher than for other distilled beverages.  
The difference in excise tax rates for brandy (cognac) and for other distilled alcoholic beverages is 
economically justified.  
Question 22  
We understand that efforts are underway to  gradually harmonize excise taxes among 
the member States of the EAEU. 
- Please discuss these efforts in this se ction of the Draft Working Party Report. 
Answer: 
In accordance with the provisions of the EAEU  Treaty, from 1 January 2015 the EAEU member 
States shall determine directions, forms and procedures of harmonization (approximation) of 
excise tax rates for the most sensitive excisable goods.  
At the same time, the harmonization process shall not lead to restriction of competition and shall 
not impede free movement of goods, works and serv ices within the EAEU and it's member States. 
Therefore, there is no specific deadline estab lished for harmonization of excise tax rates among 
the EAEU member States. 
A t  t h e  s a m e  t i m e ,  a s  p r o v i d e d  i n  p a r a g r a p h  366 of the WPR, the Law of the Republic of 
Kazakhstan "On Amendments and Addenda into the Certain Legislative Acts of the Republic of 
Kazakhstan on Tax Issues" of 5 December 2013 sign ed by the President of Kazakhstan stipulated 
gradual increase of excise tax rates for alcohol and tobacco products until 2016 (relevant tables are provided in paragraph 366 of the WPR).  
The relevant information will be added in paragraph 365 bis as follows:  
"365 bis. A member asked to provide informat ion on efforts of member States of the 
EAEU to gradually harmonize excise taxe s. The representative of Kazakhstan 
explained that in accordance with the prov isions of the EAEU Treaty, from 1 January 
2015 the EAEU member States had to determine directions, forms and procedures of harmonization (approximation) of excise ta x rates for the most sensitive excisable 
goods.  At the same time, the harmonizatio n process should not lead to restriction 
of competition and should not impede free  movement of goods, works and services 
within the EAEU and its member States.  Th ere was no specific deadline established 
for harmonization of excise tax ra tes among the EAEU member States.  "  
- Quantitative Import Restrictions, incl uding Prohibitions, Quotas and Licensing 
Systems 
Question 23  
With reference to paragraph 25 of the Information Note on the Eurasian Economic 
Treaty (JOB/ACC/41), "decisions  to apply non-tariff measures on third-country imports 
into the EAEU will be made by the EAEU Commission. From 1 January 2015, according to 
Annex No. 7 to the EAEU Treaty, non-tari ff measures could include quantitative 
restrictions, bans, exclusive import licen ses, automatic licenses (permits) or non-
automatic licenses": 
-  Does the EAEU Commission intend to review  such non-tariff measures in the future?   
If so, please describe the plan for the said review. WT/ACC/KAZ/87 
 
- 17 - 
 
  Answer: 
The provisions of the Agreement "On Common Measures of Non-Tariff Regulation in Respect of 
Third Countries", signed on 25 January 2008, th e Agreement "On the Procedure of Introduction 
and Implementation of Measures, Concerning Foreign Trade in Goods, on the Common Customs 
Territory in Respect of Third Countries", signed  on 9 June 2009, the Agreement "On the Rules of 
Licensing in the Area of Foreign Trade in Goods", signed on 9 June 2009 were fully incorporated in Annex No. 7 "Protocol on Non-Tariff Measures Concerning Third Countries" to the EAEU Treaty.  
In accordance with Annex No.7 to the EAEU Tr eaty, EAEU member States apply common non-tariff 
measures (quantitative restrictions, bans, exclusive import licenses, automatic licenses (permits) or non-automatic licenses) with respect to third countries. Decisions for introduction of such measures are adopted by the Eurasian Economic Commission. 
Taking into consideration that the mechanism for introduction of non-tariff measures remains the 
same, the Eurasian Economic Commission does not plan to review non-tariff measures.  
 (b)  Import Licensing 
- (i) Ethyl Spirits and Alcohol Products 
Question 24  Paragraph 403:  Kazakhstan has removed bracke ts in this text and stated that Law No. 
429 on Regulation of Ethyl Spirits and Alcoho l Products would be amended by the date 
of Kazakhstan's accession to the WTO to elim inate non-automatic licensing of imports of 
alcoholic beverages and to replace them with automatic ones.   
The Legislative Action Plan (WT/ACC/KAZ/73 /Rev.5) indicates that Kazakhstan now is 
preparing the necessary amendments to Law No. 429.   
- Could Kazakhstan indicate when these am endments might be enacted?  We would 
like to see the legislation enacted prior to the conclusion of negotiations, 
recognizing that implementation would occur no later than upon accession. 
Answer: 
Amendments to Law No. 429 will be enacted upon accession of Kazakhstan to the WTO as part of 
the ratification package.  It should also be noted that as of 22 August 2012 non-automatic 
licensing of imports of alcohol products is not applied in Kazakhstan in accordance with CU Commission Decision No. 747 "On Amendments to Normative Legal Acts of the Customs Union in the Sphere of Non-tariff Regulation in Relation to Ethyl Spirits and Alcohol Products" of 16 August 
2011.  
- (iii) Products containing cryptographic ca pabilities, including goods with encryption 
technology and special technical devices 
Question 25  
Paragraph 415:  We remain concerned that the amendment of the CU Encryption 
Regulation by Decision of the Collegium of the EEC No. 103 "On Amendments to the 
Regulations on the Application of Restri ctions" of 14 May 2013, had established a 
definition of "mass market goods" that was narrower than the definition of "mass 
market goods" defined in Annex 15(c) to the Draft Working Party Report.  It also 
introduces additional hurdles for products that qualify for mass market treatment.  
- We request specific justification of the changes established in EEC Collegium 
Decision No. 103 in light of the commitments undertaken vis-à-vis "mass market goods" with encryption capab ilities found in Annex 15(c). 
- We reiterate our request that Kazakhstan bring the text of the regulations into WT/ACC/KAZ/87 
 
- 18 - 
 
  conformity with its WTO commitments prior to closing this part of the WP Report 
text. 
Answer: 
The CU Encryption Regulation has been amended by Decision of the Collegium of the EEC No. 103 
"On Amendments to the Regulations on the Application of Restrictions" of 14 May 2013 with the 
purpose to include the definition of "mass market goods", as defined in Anne x 15(C) of this Report. 
The Commission has held the meeting with concerned entities, such as representatives of 
Hewlett‐Packard , Intel Technologies, General Motors and other multinational companies to further 
discuss the simplification of the importation of  e n c r y p t i o n  g o o d s .   A t  t h a t  m e e t i n g ,  t h e  
representatives of companies confirmed that Decision of the Collegium of the EEC No. 103 
"On Amendments to the Regulations on the Application of Restrictions" of 14 May 2013 fully corresponds to "mass market goods", as stipulated in Annex 15(C) of this Report. The Protocol of 
the meeting as well as its translation is attached to this document, as Reference 1.  
Moreover, the majority of the encryption good s are imported under simplified notification 
procedures into Kazakhstan, and for those goods import licence is not required.  
- Other Customs Formalities 
Question 26  
We thank Kazakhstan for providing clarif ication to Question 39 (WT/ACC/KAZ/78) 
concerning the Risk Management System.  As we requested before, we would like to 
receive additional clarifications on this matter.  
Kazakhstan mentioned in its answer to Question  39 that "The Rules of Application of the 
Risk Management System approved by Gove rnment Resolution of Kazakhstan No. 1149 
of 3 November 2010".  We would certainly a ppreciate having this document (in Russian 
/ English) in order to get acquainted with it.  Moreover, following up on Kazakhstan's 
answer, we would like to ask some additional questions: 
1) What are the specific reasons and grounds for customs to include a company in the 
risk system?  
Answer: 
The translation of "The Rules of Application of the Risk Management System" is attached to this 
document, as Reference 2. 
According to the Compendium of Risk Manageme nt System of the World Customs Organization 
(WCO), the customs authorities of Kazakhstan differentiated participants of foreign economic 
activity (hereinafter: the participants) by the individual categories.  
Categorization allows the customs authorities to focus on the participants to be prone to violations 
of the legislation and simplify the procedures for those participants who abide by the law.   
Within the framework of categorization the fo llowing principles of application of control 
mechanisms are established:  
- For the participants who conscientiously observe the customs legislation for a long period of 
time, a lTow level of risk is determined and simplified procedures are applied;  
- For those who are prone to a breach of customs le gislation, a high level of risk is determined 
and control mechanisms are applied depending on the degree of social danger of prior 
committed violations.  
Order No. 506 of the Chairman of the Customs Control Committee of 2 September 2013 approved 
the Methodology for identifying the risks with respect to the participants as well as persons conducting activities in the sphere of customs issues who have committed customs violations. WT/ACC/KAZ/87 
 
- 19 - 
 
  The Methodology defines the criteria that allow the customs authorities to determine the 
participants requiring special control with the pu rpose to identify or to prevent the repeated 
violation of applicable customs legislation. 
2) Do these include any preliminary monitoring, official notices or warnings to a 
supplier to correct the issue?  
Answer: 
Article 219 of the Code of the Republic of Kazakhstan No. 296-IV "On Customs Procedures" of 
30 June 2010 (hereinafter:  "the Customs Code of Kazakhstan") stipulates that one of the tasks of 
the customs authorities in the assessment and risk management system is an analysis and assessment of risk, including  systematic identification of:  
- Objects of risk analysis;  
- Risk indicators for the objects of risk analys is determining the need for measures to prevent 
and minimize risks;  
- Assessment of potential damage in the event of a risk.  
According to the current legislation, official notices and warnings are not provided.  
It should be further noted that according to paragraph 4 of Article 219 of the Customs Code of 
Kazakhstan, the content of information of the risk management system is confidential and shall 
not be disclosed to others.  
3)  What specific discretions ar e allowed for customs officials? 
Answer: 
According to Article 216 of the Customs Code of Kazakhstan, the customs authorities shall apply 
risk management systems for goods, vehicles in international carriage, documents and persons 
subject to customs control, as well as forms of customs control, applicable to such goods, vehicles in international carriage, documents, persons,  and the degree of implementation of customs 
control. Forms and procedures for customs control application are provided in Chapter 21 of the 
Customs Code of Kazakhstan. 
4)  How does Kazakhstan ensure that "natio nal security interests" are not used in a 
discretionary manner? 
Answer: 
In compliance with Standard 4 of the SAFE Framework of Standards to Secure and Facilitate Global 
Trade (WCO) and based on international best practices, the application of risk assessment was 
introduced in an automated way in 2010.  
The information system "Selective Control and Risk Management" is designed for risk assessments 
and for providing decisions on the application of measures to minimize the risks necessary for 
customs control.  The automated process enables to minimize the likelihood of a negative impact 
of human factors on the corresponding decisions. 
5)  How do Kazakhstan's authorities regard mistakes and discrepancies detected in the 
supplier's documentation? 
Answer: 
When finding the errors and inconsistent information in the submitted documents, the customs 
authorities of Kazakhstan consider the violations of criminal and civil nature depending on the 
amount of damage to the State and the value of th e smuggled goods.  For instance, if the violation 
relates to the custom valuation of the good, it may be classified as evasion of customs duties and taxes (if the amount of deviation will exceed 5000 Monthly Calculated Indices – approximately 
US$50,000) in accordance with Article 214 of the Criminal Code of the Republic of Kazakhstan WT/ACC/KAZ/87 
 
- 20 - 
 
  (hereinafter: the Criminal Code).  Whereas reflec tion in the documents false information on the 
name, weight and quantity of goods that caused non-payment of customs duties and taxes may be 
considered as an economic smuggling pursuant to Article 209 of the Criminal Code (if the value of the goods exceeds 1000 Monthly Calculated Indices – approximately US$100,000).  
6)  At what quantity can excess goods (e.g. greater than 1 unit), be treated as a major 
violation of rules? 
Answer: 
Article 289 of the Customs Code of Kazakhstan establishes conditions when information submitted 
in the customs declaration may be corrected.  
Furthermore, amendments to the customs declarat ion after the release of the goods are allowed 
only in the cases determined by Decision of the Collegium of the Commission No. 289 of 
10 December 2013.  
7)  What would be the sanctions? Answer: 
The sanctions depend on mitigating and aggravating circumstances occurred during and after an 
unlawful act as stipulated in criminal and civil legislation of Kazakhstan.  For instance, in general, economic smuggling leads to fines from 500 to 1000 Monthly Calculated Indices (approximately 
US$50,000 - US$100,000), seizure of property, or personal restraint or other.  However, economic 
smuggling committed several times or by a group of people leads to imprisonment for a term up to 
five years with the seizure of property.  
8)  Is there in the legislation of Kazakhst an a provision obliging authorities to warn a 
supplier and recommend a means to improve or correct its behavior to completely 
comply with the requirements? 
Answer: 
According to the current legislation, official notices and warnings are not provided.  9)  How are "persistent systemic concerns" define d, if at all, in relation to violation of 
customs, laws and regulations? 
Answer: 
One of the elements of the risk management system  is collection and procession of information on 
goods crossing the customs border of the Customs Union.  Further, Article 217 of the Customs Code of Kazakhstan establishes that risk analysis is the systematic use of available information to 
determine the frequency of occurrence of the risk and the possible consequences in the event of 
risk.  
If violations are systemic in nature, these facts can be attributed to the systematic violations.  
For example, disguise goods - goods that are likely to be declared as a substitute for goods in risk. 
This category of goods is systemic.  
10) Kazakhstan also mentioned the "Concept on Shifting Emphasis of Customs Control 
from Customs Clearance Stage to Post Cu stoms Control" for the Period 2013-2015.  
We request Kazakhstan to explain how this Concept is being implemented – through what regulations: Laws?  Resolutions?  Instructions? WT/ACC/KAZ/87 
 
- 21 - 
 
  Answer: 
In order to implement the principle of shifti ng emphasis of customs control from customs 
clearance stage to post customs control, the following work is conducted.  
First, relevant amendments are drafted in th e Customs Code of Kazakhstan. The amendments 
envisage:  
- enhancement of the customs control after release of the goods; 
- shift to the classification and value control  before release of the goods exclusively with the 
application of the risk management system only; 
- strengthening of the responsibility and obligations of the declarant; - formation of the system of the documentary au dit with the purpose to prevent the violations 
of the customs legislation; 
- possibility of application of the software products designed for processing information during 
customs inspections by the customs authorities.  
Second, CU Commission Decision No. 376 "On the Order of Declaring, Control and Adjustment of 
the Customs Value of the Goods" is being amended in respect of the performance of the customs 
value control.  
- Anti-dumping, Countervailing Duty and Safeguard Regimes 
- (b) Regime established under the EAEU Treaty 
Question 27  Paragraph 512: We are grateful  that Kazakhstan removed brackets from its commitment 
language from the Section on "Import Regu lations: Anti-dumping, Countervailing Duty 
and Safeguard Regimes", paragraph 511 of the draft Working Party Report and duly 
takes note of it.  
Nevertheless, we ask Kazakhstan to mo dify the draft commitment language in 
paragraph 512 of the Draf t Report as follows: 
[In response to questions from Members concerning expedited reviews that have 
led to the extension of the safeguar d measures applied by the EAEU, the 
Representative of Kazakhstan confirmed th at, by the date of accession, it would 
increase the percentage of producers in the EAEU supporting the safeguard measure 
that was necessary in order to have this measure extended in the EAEU through an 
expedited review from 25% to 50%.  Th e Representative further confirmed that 
from the date of accession the measures a pplied on the territory of the Republic of 
Kazakhstan after such expedited reviews wo uld be applied in full conformity with 
the Agreement on Safeguards. The Working Party took note of this commitment.] 
Unfortunately, we have not found any evidence  of this agreed modification in the new 
Draft Working Party Report, and requests Ka zakhstan undertake this modification in 
writing. 
Answer: 
1.  Currently Kazakhstan applies two safeguar d measures (on activated carbon and tubes of 
stainless steel) that were extended to the whole Customs Union territory following the reviews conducted in accordance with the Agreement on Application of Safeguards, Anti-dumping and 
Countervailing Measures within the Transition Period of 19 November 2010 (hereinafter referred to 
as "Transitional Agreement").  These two safeguar d measures will be terminated in September and 
November 2014. 
2. In addition, currently Kazakhstan applies two national safeguard measures (on cotton wool 
and confectionery) that were originally imposed by Kazakhstan.  Since these measures have not WT/ACC/KAZ/87 
 
- 22 - 
 
  met the 25% threshold established by Article 2 of  the Transitional Agreem ent, therefore, both 
measures are now applied only on the territory of Kazakhstan.  
Taking into account the request of a Member, Kazakhstan is considering not to prolong national 
safeguard measures on confectionary and, conseque ntly, this measure is planned to be terminated 
in September 2014. 
Against the above background, all safeguard measur es applied on the CU territory are envisaged 
to be regulated by the EAEU Treaty. 
At the same time, Kazakhstan considers all safeguard measures applied on the territory of the 
EAEU on the basis of expedited reviews to be in co nformity with the WTO rules.  This is ensured by 
the following provision of draft paragraph 513 of the WPR: "The representative of Kazakhstan 
further confirmed that any trade remedy measure applied on the date of WTO accession of 
Kazakhstan and any trade remedy measure procedure launched before the date of accession as 
well as any trade remedy measure resulting ther efrom, whether by the competent authority of 
Kazakhstan or the competent bodies of the EAEU, would be consistent with the relevant 
WTO Agreement, as of the date of accession". 
Having regard to the aforesaid, Kazakhstan cons iders the proposed commitment to be redundant. 
B. EXPORT REGULATIONS 
- Customs Tariffs, Fees and Charges for Services Rendered, Application of Internal 
Taxes to Exports 
Question 28  Paragraph 515: Kazakhstan and the Russian Fe deration have indicated that they could 
not take on board the drafting proposals that we made for this paragraph.  Having given 
due consideration to the grounds that they  have provided, we propose to redraft 
paragraph 515, as well as Paragraph 525, as follows: 
 515. She added that within the framework of the CU, the member States 
elaborated the Agreement of 25 January 200 8 "On Export Duties with regard to 
Third Countries" (hereinafter – the CU Agr eement on Export Duties) and agreed that 
it would form the legal basis for levying ex port duties on goods exported from the 
member States to third countries after it entered into force, which was not yet the case.  The CU Agreement on Export Duties was a framework agreement which established general terms on which export du ties within the CU had to be applied.  
However, it did not provide unified regulati ons and unified rates of export duties.  
Thus, from the date of the CU establis hment on 1 January 2010, export duties 
remained subject to regulation at the nation al level.  Article 1 of the CU Agreement 
on Export Duties called for the eventual  development of a Common List of Goods 
Subject to Export Duties (CU Common List),  to be established by the member States 
within 60 days of its entry into force.  Accordingly, each member State was in the 
process of developing a list of goods subjec t to export duties with the rates of the 
duties established according to the national  legislation.  Once developed, the list 
would be submitted to the EEC.  The EEC on the basis of information provided by the 
member States would create the Common Li st.  She also added that pursuant to 
Article 3 of the Agreement, if a product made on the territory of a member State 
levying export duties on this product wa s exported to a third country from the 
territory of another Party that was not levy ing export duties on this product or was 
applying lower rates, such Party had to ensure  that export duties were:  (i) levied at 
the rates applied by the producing Party; an d (ii) included into the Common List of 
Goods Subject to Export Duties.  [As regards the common policy to be further 
developed in this field, Members observ ed and Kazakhstan acknowledged that the 
WTO commitments unde rtaken by each of the EAEU member States define the 
ceilings for setting common export duties of the EAEU.]1 The representative of 
                                               
1 Language proposed by a Member of the Working Party.  WT/ACC/KAZ/87 
 
- 23 - 
 
  Kazakhstan confirmed that, in this resp ect, Kazakhstan will continue to fully 
implement its WTO commitments on export du ties as stated in paragraph [525] of 
this Report. She noted that these commitments included the alignment of Kazakh 
rates with lower Russian rates for a number of products in case of unification of 
export duties within the framework of  the Customs Union. Furthermore, the 
representatives of Kazakhstan and of th e Russian Federation confirmed that the 
legal obligations relating to the implementation of WTO commitments under the 
EAEU regime described in paragraphs [245 and 246] of this Report and in 
paragraphs 185 and 186 of the Working Pa rty Report on the Accession of the 
Russian Federation to the WTO, the WTO commitments undertaken by a EAEU 
member are and will continue to be part of the EAEU legal order and automatically 
applicable to other EAEU members. Th e Working Party took note of these 
commitments.]  
 525. [The representative of Kazakhst an confirmed that Kazakhstan would 
implement, from the date of accession, [i ncluding in the event of a future EAEU 
common policy on export duties referred to in paragraph 515,]  its tariff concessions 
and commitments contained in Part V of the Schedule of Concessions and 
Commitments on Goods of Kazakhstan.  Accord ingly, products described in Part V of 
that Schedule would, subject to the terms, conditions or qualifications set-forth in 
that Part of the Schedule, be exempt from export duties in excess of those set-forth 
and provided therein.  The representative  of Kazakhstan further confirmed that 
Kazakhstan would not apply other measures having an equivalent effect to export 
duties on those products.  She confirme d that, from the date of accession, 
Kazakhstan would apply export duties in conformity with the WTO Agreement, in 
particular with Article I of the GATT 1994.  Accordingly, with respect to export 
duties and charges of any kind imposed on, or in connection with exportation, any 
advantage, favour, privilege  or immunity granted by Kazakhstan to any product 
destined for any other country shall be a ccorded immediately and unconditionally to 
the like product destined for the territories  of all other WTO Members.  [Kazakhstan 
shall notify to the WTO any changes of its duties, taxes, fees and charges applied to 
exports on the day of their publication,  providing all relevant information.]2  
[Kazakhstan shall notify to the WTO any changes of its duties, taxes, fees and 
charges applied to exports on the day of th eir publication and in any case at least 
30 days before any such changes enter into force, providing all relevant information 
and motivation.]3 The representative of Kazakhst an confirmed that Kazakhstan 
would, from the date of accession to the WTO, administer export tariff rate quotas 
(TRQs) in a manner that is consistent with the WTO Agreement and in particular the 
GATT 1994 and the WTO Agreement on Import Licensing Procedures.  The Working 
Party took note of these commitments.]  
Answer: 
Taking into account that proposed commitment la nguage refers also to the other CU member 
State, Kazakhstan, in accordance with CU/EAEU legal framework, has no right and authority to 
undertake the proposed commitment language on  b e h a l f  o f  t h e  o t h e r  C U  m e m b e r  S t a t e .  
Therefore, Kazakhstan is not ready to undertake the commitment text proposed by this Member.   
- Quantitative Export Restrictions, including Prohibitions and Quotas  
Question 29  The response to Question 27 of WT/ACC/KAZ/ 83 states that Government Resolution No. 
1402 of 26 December 2013 "established the ba n on exports of certain types of light 
distillates (HS 2710 12), kerosene, gas oils and other petroleum products, except for 
petroleum solvent and home heating oil, wh ich remains in force until 1 July 2014."  
Paragraph 533 of the draft Working Party Report lists the products affected. 
Paragraph 144 states that "retail prices fo r petroleum products were regulated in 
                                               
2 Language proposed by Kazakhstan.  
3 Language proposed by a Member of the Working Party. WT/ACC/KAZ/87 
 
- 24 - 
 
  accordance with the Law No. 463 IV "On State Regulation of Production and Turnover of 
Certain Types of Petroleum Products" of 20 July  2011.   The Agency in coordination with 
the Ministry of Oil and Gas approved maximu m retail prices for petroleum products in 
accordance with the procedures established by the Government Resolution No. 287 of 2 
March 2012.  The list of regulated petroleum products was approved by the Government 
Resolution No. 286 of 2 March 2012, which includ ed the following types of oil products:  
Ai-80, Ai-93 and Ai-93 (sic) gasoline brands , summer and inter-seasonal diesel fuel.  
These measures had been introduced in orde r to prevent unfair price increases on utility 
services provided for households and stabilize  the situation on the domestic market of 
petroleum and gas products, in particular to curb high inflation in the country." 
- Has the export ban on these products been  extended beyond 1 July 2014?  If so, 
please indicate the new expiration date  and revise the WP text accordingly. 
- Please clarify whether the tariff lines in  paragraph 533 of the Draft Working Party 
Report cover all aircraft and vehicle fuels.   Does the ban include Ai-80, Ai-93, and 
Ai-93 gasoline and diesel fuels? 
- Could Kazakhstan please de scribe how it assessed that "critical shortages" existed 
of the refined petroleum products covered by the ban and listed in paragraph 533?  
Were prices allowed to vary to affect domestic demand? 
Answer: 
1. Currently, there is a ban on exports from the territory of the Republic of Kazakhstan of 
certain types of petroleum products.  The ban has been introduced in accordance with Resolution 
of the Government of the Republic of Kazakhstan No.713 of 27 June 2014, and will be valid until 
the end of 2014.  
The ban applies to the following types of petroleum products: light distillates and products 
(HS 2710 12),  middle distillates, kerosene, gas oil, diesel oil (HS  2710 19 110 0 – 2710 19 480 
0, 2710 20 110 0 – 2710 20 190 0), motor oil (HS 2710 19 820 0), fluid for hydraulic purposes (HS 2710 19 840 0), light oil (HS 2710 19860 0), oil for gears (HS 2710 19 880 0), electrical 
lubricating oil (HS 2710 19 940 0) and other petroleum products (HS 2710 20 900 0), except for 
house heating fuel.  
The measure has been adopted with the aim to prevent a critical shortage of certain types of 
petroleum products essential for the domestic market.  
The draft of the Working Party Report will be modified, as follows:  
533.  In response to the question by a Member concerning temporary bans on exports of 
petroleum products from the territory of Kazakhstan, the representative of Kazakhstan 
replied that Resolution of the Government  of Kazakhstan No. 713 of 27 June 2014 had 
established the temporary ban on exports of light distillates and products (HS  2710 12),  middle distillates, kerosene, gas oil, diesel oil (HS  2710 19 110 0 – 2710 19 480 0, 2710 20 
110 0 – 2710 20 190 0), motor oil (HS 2710 19 820 0), fluid for hydraulic purposes (HS 
2710 19 840 0), light oil (HS 2710 19860 0), oil for gears (HS 2710 19 880 0), electrical lubricating oil (HS 2710 19 940 0) and other petroleum products (HS 2710 20 900 0), except for house heating fuel.  She further added that temporary bans were introduced in 
order to prevent a critical shortage of goods essential for the domestic market, since 
domestic oil refineries did not have sufficient capacity to fully meet the domestic needs in 
petroleum products.  In her view, the temporary measures applied by Kazakhstan were in 
full conformity with paragraph 2(a) of Article XI of the GATT 1994. 
2. Tariff lines stipulated in Resolution of the Go vernment of the Republic of Kazakhstan No.713 
of 27 June 2014 cover all aircraft and vehicle fuels.  In addition, these tariff lines cover Ai-80, Ai-
93, and Ai-93 (sic) gasoline and diesel fuels. 
3. In accordance with Law of the Republic of Kazakhstan No. 463-IV "On State Regulation of 
Production and Turnover of Certain Types of Pe troleum Products" of 20 July 2011, in order to WT/ACC/KAZ/87 
 
- 25 - 
 
  ensure the economic security of the Republic of Ka zakhstan, state regulation of prices for the retail 
sale of petroleum products may be established.  These products have a significant social importance in the Republic of Kazakhstan.  
Retail vendors of the petroleum products shall not set the price higher than established for 
regulated petroleum products.  
C. INTERNAL POLICIES AFFECT ING FOREIGN TRADE IN GOODS 
- Industrial Policy, including Subsidies 
Question 30  
Paragraph 570: Concerning the second inst ance of [bracketed language] in this 
paragraph, Kazakhstan has acknowledged that  prohibited subsidies are found in its 
Development Programmes.  These programm es, the others like them projected to 
extend into mid-century, are a significant el ement of Kazakhstan's financial support for 
its people, for its industries and for economic diversification.  Looking forward, we thank 
Kazakhstan for its assurance that  its legislation in this rega rd will be amended to ensure 
that none of the support is for prohibited subsidies. 
- We seek enactment of this amending legislation prior to the conclusion of 
negotiations, i.e., the last WP meeting, an d assurance that the pr ohibited provisions 
will be eliminated by date of accession. 
- Please indicate if there will be any residu al benefits available to firms under the two 
identified programmes after they are terminated. 
- We seek to highlight the commitment with regard to the programmes identified by 
inserting the text, [including developm ent programmes providing benefits for 
exporting firms]. 
Answer: 
As indicated in Paragraph 568, currently, the Government of Kazakhstan is working on introduction 
of amendments into the Programme Business Road Map 2020 and Government Resolution 
No.1017.  In particular, the target indicators in relation to export promotion and other references 
to export performance would be excluded from the Programme Business Road Map 2020.  
The Government Resolution No. 1017 would be abolished.  
The development and enactment of these amendm ents can take several months.  Therefore, 
Kazakhstan assures that they will be introduced by  the date of Kazakhstan's accession to the WTO. 
Kazakhstan will add the relevant information into paragraph 568: 
568. … In response, the representative of Kazakhstan explained that in order to bring its 
subsidy programmes into compliance with the WTO SCM Agreement, the Government of 
Kazakhstan was working on introduction of amendments into these two legislative acts.  
In particular, the target indicators in relation to export promotion and other references to export performance would be excluded from the Programme Business Road Map 2020.  
The Government Resolution No. 1017 would be abolished.  These amendments would be 
introduced by the date of Kazakhstan's accession to the WTO.  
At the same time, it should be noted that the subsidies stipulated by the Programme Business 
Road Map 2020 will continue to be provided.  As indicated in paragraph 557 of the 
WT/ACC/SPEC/KAZ/9/Rev.11, the Programme envisaged Government support in the form of 
partial guarantees for and subsidization of interest rates on commercial loans, development of industrial infrastructure, service support of businesses.  With regard to Government Resolution No. 
1017, no residual benefits will be provided to exporting firms under this Resolution after its 
abolishment.  WT/ACC/KAZ/87 
 
- 26 - 
 
  With regard to the commitment text, as indi cated above, amendments into the Programmme 
Business Road Map 2020 and Government Resolution No. 1017 eliminating provisions related to export performance, will be made prior to Kazakhstan's accession to the WTO.  In this regard Kazakhstan believes it is unnecessary to add the pr oposed language with regard to the identified 
programmes [including development programmes providing benefits for exporting firms]  to the 
commitment text. 
- Technical Barriers to Trade, Standards and Certification 
Question 31  
We would like to remind Kazakhstan that we requested Kazakhstan to eliminate the 
prohibition on PET packaging and bring the La w of the Republic of Kazakhstan "On state 
regulation of production and turnover of et hyl alcohol and alcoholic beverages (spirits)" 
No. 429-1 of 16 July 1999 in full conformity with the provisions of the GATT and TBT and 
SPS Agreements. 
W e  w a n t  t o  r e m i n d  K a z a k h s t a n  t h a t  a n y such governmental measure should be 
scientifically justified and should be prop ortionate and should not restrict or be 
burdensome to trade.  Of particular import ance is that well-inte ntioned environmental 
and health protection measures do not consti tute a ban or insurmountable obstacles to 
trade. 
Answer: 
Kazakhstan considers that the Law in question is fully consistent with the provisions of the GATT, 
TBT and SPS Agreement.  
It is of particular importance to regulate the production and turnover of ethyl alcohol and alcoholic 
beverages (spirits) in Kazakhstan.  The prohibition of both production and sales, including imports, 
of ethyl alcoholic beverages (beer) in plastic and polymeric packaging (including beer in PET 
packaging) stipulated in the Law "On State Regulati on of Production and Turnover of Ethyl Alcohol 
and Alcoholic Beverages (Spirits)" had been established in 1999 due to public health reasons. 
Technology of filling alcohol in PET packaging sign ificantly reduces its production cost, and, thus, 
reduces the retail prices of alcohol products.  This, in turn, will make alcohol products more 
affordable and will inevitably lead to increase in alcohol consumption among population.  
Thus, the prohibition of use of PET packaging is appl ied to protect public morals, as provided for in 
Article XX(a) GATT.  
Question 32  
Paragraphs 594 and 595 state that Kazakhstan  has developed nine technical regulations 
as part of the EAEU Treaty.  Of these nine , three regulations are relevant to the SPS 
Agreement, namely: "On Safety of Grain" an d "On Safety of Meat and Meat Products" 
(both developed by the Ministry of Agricult ure); and "On Safety of Food Additives" 
(developed by the Ministry of Health).  
We request copies of these texts, in English. 
Answer: 
Kazakhstan is preparing the translation of these three technical regulations and will share their 
English versions as soon as translation is completed.  WT/ACC/KAZ/87 
 
- 27 - 
 
  - Trade-Related Investment Measures 
Question 33  Paragraph 675: Please clarify in this paragraph:  - whether the amendment of to the Law No. 291-IV that would remove local content 
requirements in procurement of goods in  contracts on subsurface use would be 
enacted (a) at the same time or (b) in the same law as the ratification of the EAEU 
Treaty; and 
- the position of this delegation that, as  agreed earlier, the cut-off date for new 
contracts on subsurface use containing lo cal content requirements in procurement 
of goods is 31 December 2012. 
Answer:  
1) In accordance with the EAEU Treaty, starti ng from 1 January 2015, Kazakhstan will not 
require local content in procurement of goods in new contracts on subsurface use signed between the Government and investors.  Therefore, in parall el with the ratification of the EAEU Treaty in 
the Parliament, the Government will proceed with  the amendment to the Law No. 291-IV that will 
eliminate the local content requirements in procurement of goods in investment contracts on subsurface use. Only based on the abovementi oned amendment made to the Law No. 291-IV, the 
Government of Kazakhstan will be eligible st arting from 1 January 2015 not to require local 
content in procurements of goods when signing new contracts with investors.  Both the EAEU Treaty and the amendments to Law No. 291-IV will  be enacted at the same time, i.e. as of 
1 January 2015.  
Against the above background, Kazakhstan proposes  to set 1 January 2015 as a cut-off date for 
grandfathering local content requirements in contracts on subsurface use and industrial assembly agreements. 
2) With respect to indication of grandfathering pe riod for energy contracts in the form of specific 
date by retaining [by xxxx], Kazakhstan agrees to put the specific date as soon as the agreement is reached on the length of the transitional period for phasing-out the TRIMS-inconsistent local 
content requirements from investment contracts in oil and gas, and mining sectors. 
It should be noted, that according to the esta blished practice, procurement plans are made by 
investors starting from 1 January of each calendar year.  Therefore, Kazakhstan asks the transitional period to be set as 31 December 2021, to enable investors to remove their local 
content commitments in procurement of goods starting from 1 January 2022.  
3)  As for the date of 1 July 2018, Kazakhstan confirms that this date was agreed for the 
elimination of WTO inconsistent measures in industrial assembly agreements concluded under the 
provisions of Order No.113, and agrees to remove the brackets. 
4)  Kazakhstan agrees to start consultations 2 years in advance of the agreed date for the 
elimination of WTO-inconsistent measures applied under investment contracts concluded under the 
provisions of Law No. 291-IV.   
Kazakhstan plans to remove all brackets from the TRIMs commitment text as soon as the 
proposed dates for the cut-off date and transi tional period are agreed with Members.  
Kazakhstan proposes the following changes in the text: 
 675. The representative of Kazakhstan explaine d that in accordance with the EAEU Treaty, 
starting from 1 January 2015, Kazakhstan would not  include local content  requirements 
in procurement of goods  in new contracts with subsurface users .  Therefore, in parallel 
with the ratification of the EAEU Treaty, the Government planned to initiate the amendment 
to the Law No. 291-IV that would remove the local content provision with regard to  
procurement of goods in contracts on subsurface use signed from 1 January 2015 .  WT/ACC/KAZ/87 
 
- 28 - 
 
  She further  emphasized that taking into account the importance of the application of the 
local content requirements for diversification of the economy in investment contracts concluded prior to 1 January 2015 in accordance with Law No. 291-IV and industrial assembly agreements concluded under the provis ions of Order No. 113, a transitional period 
was required to phase-out these measures.  
676.  [The representative of Kazakhstan confirmed that, from the date of its accession to 
the WTO, Kazakhstan would ensure that all laws, regulations and other measures applied in 
Kazakhstan that were within the scope of  WTO TRIMs Agreement, whether adopted by 
Kazakhstan or the competent bodies of the EAEU, would be consistent with the relevant provisions of the WTO Agreement, including the TRIMs Agreement, except for measures applied under investment contracts concluded prior to [1 January 2015]
4 
[31 December 2012]5 in accordance with  the Law No. 291-IV, and industrial assembly 
agreements concluded prior to [1 January 2015]6 [31 December 2012]7under the 
provisions of the Order No. 113.  The representa tive of Kazakhstan also confirmed that from 
[1 January 2015]8 [31 December 2012]9, Kazakhstan would not include in any new 
investment contracts or industrial assembly agreements concluded with investors in any sector, or include or maintain in the renewal
[10] of any existing investment contracts or 
industrial assembly agreements, provisions that are inconsistent with the relevant provisions 
of the WTO Agreement, including the TRIMs Ag reement.  The Working Party took note of 
these commitments.] 
677.  [The representative of Kazakhstan confirmed that all WTO-inconsistent measures 
applied under investment contracts concluded prior to [1 January 2015]11 
[31 December 2012]12 in accordance with the Law No. 291-IV would cease to be enforced 
[by xxxx]13 [as of the date of expiration of th e initial duration of the contracts or within six 
years of the date of accessi on or by 31 December 2021]14 [as of the date of 
expiration of the initial duration of the co ntracts or within six years of the date of 
accession or by 1 July2021]15, whichever takes place sooner].  She further confirmed 
that all WTO-inconsistent measures applied in accordance with industrial assembly 
agreements concluded prior to [1 January 2015]16 [31 December 2012]17 under the 
provisions of the Order No. 113 would be eliminated by [1 July 2018 ].  [The representative 
of Kazakhstan confirmed that with respect to the measures applied under the industrial 
assembly agreements pursuant to the Order No. 113 and under the investment contracts 
pursuant to the Law No. 291-IV concluded prior to [1 January 2015]18 [31 December 
2012]19, Kazakhstan would engage in consultations with interested WTO Members no later 
than [1 July 2016] and [31 December 2019]20 [1 July 2019]21, respectively], regarding 
WTO consistent measures that could be applied, and notify WTO Members of any measures planned to replace WTO-inconsistent measures at least six months prior to the adoption of 
any new measures.]  The Working Party took note of these commitments.] 
Question 34  Paragraph 676 contains the commitment for a date for a "standstill" on investment 
contracts concluded under Law No. 291-IV that contain local content procurement 
                                               
4 Language proposed by Kazakhstan. 
5 Language proposed by Members of the Working Party. 
6 Language proposed by Kazakhstan. 
7 Language proposed by Members of the Working Party. 
8 Language proposed by Kazakhstan. 
9 Language proposed by Members of the Working Party. 
10 [The term "renewal" refers to extension of the duration of existing contracts.] 
11 Language proposed by Kazakhstan. 
12 Language proposed by Members of the Working Party. 
13 Language proposed by a Member of the Working Party. 
14 Language proposed by Kazakhstan. 
15 Language proposed by a Member of the Working Party. 
16 Language proposed by Kazakhstan. 
17 Language proposed by a Member of the Working Party. 
18 Language proposed by Kazakhstan. 
19 Language proposed by a Member of the Working Party. 
20 Language proposed by Kazakhstan.  
21 Language proposed by a Member of the Working Party.   WT/ACC/KAZ/87 
 
- 29 - 
 
  requirements in exchange for the right to explore or extract minerals under the Law. 
   We support removal of the brackets on [31 December 2012] and the elimination of [1 
January 2015]: 
"676.  [The representative of Kazakhstan  confirmed that, from the date of its 
accession to the WTO, Kazakhstan would en sure that all laws, regulations and other 
measures applied in Kazakhstan that were within the scope of WTO TRIMs 
Agreement, whether adopted by Kazakhstan  or the competent bodies of the EAEU, 
would be consistent with the relevant pr ovisions of the WTO Agreement, including 
the TRIMs Agreement, except for measur es applied under investment contracts 
concluded prior to [1 January 2015]22 [31 December 2012]23 in accordance with of 
the Law No. 291-IV, and industrial assembly agreements concluded prior to [1 
January 2015]24 [31 December 2012]25 under the provisions of the Order No. 113.  
The representative of Kazakhstan also confirmed that from [1 January 2015]26 [31 
December 2012]27, Kazakhstan would not include in any new investment contracts 
or industrial assembly agreements conc luded with investors in any sector, or 
include or maintain in the renewal [28] of any existing investment contracts or 
industrial assembly agreements, provisions that are inconsistent with the relevant 
provisions of the WTO Agreement, including the TRIMs Agreement.  The Working Party took note of these commitments.]" 
Answer: 
Please see the response in Question 33 above. Question 35  Paragraph 677 contains the commitment for a date for the elimination of local content 
requirements in procurement of firms with  investment contracts concluded under Law 
No. 291-IV that were concluded prior to the cu t-off date contained in paragraph 676.   It 
also contains the commitment to eliminate by 1 July 2018 WTO-inconsistent measures 
applied in industrial assembly agreements under Order No. 113 prior to the cut-off date. 
 For investment contracts, Kazakhstan has sugg ested a transition period of 6 years from 
the date of accession or by 31 December 2021, whichever comes first.  A Member has 
suggested 1 July 2021.  There is agreement th at TRIMs in existing contracts signed prior 
to the cut-off date will not be in cluded in any contract renewals. 
- We support removal of the brackets on [31 December 2012] for the cut-off date.  
  
- We support a transitional date [as of the da te of expiration of the initial duration of 
the contracts or within six years of the date of accession or by 1 July 2021, 
whichever takes place sooner] for cont racts concluded under Law No. 291-IV. 
- We understand that the date of [1 July 2018] is agreed for th e elimination of WTO 
inconsistent measures in industrial a ssembly agreements concluded under the 
provisions of Order 113.  Please confirm and remove the brackets. 
- We suggest a consultation date 2 years in advance of the agreed date for the 
elimination of WTO-inconsistent measur es applied under investment contracts 
concluded under the provisions of Law No. 291-IV, i.e., [1 July 2019].  
677.  [The representative of Kazakhstan  confirmed that all WTO-inconsistent 
                                               
22 Language proposed by Kazakhstan. 
23 Language proposed by Members of the Working Party. 
24 Language proposed by Kazakhstan. 
25 Language proposed by Members of the Working Party. 
26 Language proposed by Kazakhstan. 
27 Language proposed by Members of the Working Party. 
28 [The term "renewal" refers to extension of the duration of existing contracts.] WT/ACC/KAZ/87 
 
- 30 - 
 
  measures applied under investment contra cts concluded prior to [1 January 2015]29 
[31 December 2012]30 in accordance with the Law No. 291-IV would cease to be 
enforced [by xxxx]31 [as of the date of expiration of the initial duration of the 
contracts or within six years of the da te of accession or by 31 December 2021]32 
[1 July 2021]33, whichever takes place sooner].  Sh e further confirmed that all WTO-
inconsistent measures applied in accordan ce with industrial assembly agreements 
concluded prior to [1 January 2015]34 [31 December 2012]35 under the provisions of 
the Order No. 113 would be eliminated by [1  July 2018].  [The representative of 
Kazakhstan confirmed that with respect to the measures applied under the 
industrial assembly agreements pursuant to the Order No. 113 and under the investment contracts pursuant to the Law No. 291-IV concluded prior to [1 January 
2015]36 [31 December 2012]37, Kazakhstan would engage in consultations with 
interested WTO Members no later than [1 July 2016] and [31 December 2019]38 [1 
July 2019]39, respectively], regarding WTO cons istent measures that could be 
applied, and notify WTO Members of any measures planned to replace WTO-
inconsistent measures at least six months prior to the adoption of any new measures.]  The Working Party took note of these commitments.]  
Answer: 
Please see the response in Question 33 above. 
Question 36 Paragraphs 676 and 677: We would like to re mind that Kazakhstan is requesting an 
unprecedented derogation and kindly requests Kazakhstan to retain the following 
elements for the commitment paragraphs 676 and 677  of the Draft Working Party 
Report: 
 Maintain the cut-off date [31 December 2012], instead of [1 January 2015], for 
contracts to be grandfathered from TRIMS obligations, and 
 As regards the end of the grandfathering pe riod for energy contracts, to indicate a 
specific date instead of the reference [as of the date of expiration of the initial 
duration of the contracts or within six years of the date of accession, whichever 
takes place sooner] and to select one wh ich, unlike the two alternative dates 
mentioned in paragraph 277 (1 July 2021 and 31 December 2021), does not go 
beyond existing precedents for temporar y derogations to the TRIMs obligations. 
Answer: 
Please see the response in Question 33 above. 
Question 37  
Paragraph 669  should be redrafted, for consiste ncy with the position taken by 
Kazakhstan in its response to Question 32 of WT/ACC/KAZ/83, along the following 
lines: 
"669. A Member asked to explain how all WTO-inconsistent measures applied under 
                                               
29 Language proposed by Kazakhstan. 
30 Language proposed by Members of the Working Party. 
31 Language proposed by a Member of the Working Party. 
32 Language proposed by Kazakhstan. 
33  Language proposed by another Member of the Working Party. 
34 Language proposed by Kazakhstan. 
35 Language proposed by a Member of the Working Party. 
36 Language proposed by Kazakhstan. 
37 Language proposed by a Member of the Working Party. 
38 Language proposed by Kazakhstan.  
39 Language proposed by a Member of the Working Party.  WT/ACC/KAZ/87 
 
- 31 - 
 
  investment contracts under the provisions  of Law No. 291-IV would cease to be 
enforced and whether the future amendment to Law No. 291-IV would make only the WTO-inconsistent parts of measures  of the contracts ineffective.  The 
representative of Kazakhstan replied th at Kazakhstan requested the [X]-year 
transitional period starting from the date  of Kazakhstan's accession to the WTO to 
phase out WTO-inconsistent measures applie d in existing subsurface use contracts 
under the provisions of Law No. 291-IV.  These measures would cease to be 
enforced through:  (i) introduction of th e amendments to Law No. 291-IV aimed at 
removing the requirement for measures  inconsistent with the WTO TRIMs 
Agreement with regard to procurement of goods in new contracts by 1 January 2015 
by the date of Kazakhstan's accession to  the WTO; and (ii) signing supplementary 
agreements with subsurface users, which would remove from investment contracts 
WTO TRIMs Agreement inconsistent measures with regard to procurement of goods and replace them with WTO TRIMs Agreemen t consistent measures by the date of 
expiration of the [X-year] transitional peri od starting from the date of Kazakhstan's 
accession to the WTO.  Contracts that expired prior to the termination of the 
transitional period would not be renewed co ntaining measures inconsistent with the 
WTO TRIMs Agreement." 
Answer:  
Kazakhstan retains the existing text in paragraph 669 as the proposed amendments are already 
stipulated in Kazakhstan's commitments under the TRIMS Chapter. 
Question 38  
The section "TRIMs in the Automotive Se ctor" of the Draft Working Party Report 
contains a number of references to the CU CE T, the Customs Union, and CU HS headings.   
- Perhaps these references might be ch anged or dropped since we anticipate 
Kazakhstan's shift to the EAEU prior to its WTO accession. 
Answer:  
All the references to the "CU" in the WPR Sectio n "TRIMs in the Automotive Sector" have been 
changed to "EAEU".  The references to the "CU"  before the words "CET" and "HS headings" have 
been dropped. 
- Free Zones, Special Economic Areas 
Question 39  
Paragraph 702: Please review this paragraph and, as necessary, update the list of 
Kazakhstan's SEZs. 
Answer:  
A new special economic zone "Chemical Park "Taraz " was established by Decree of the President of 
the Republic of Kazakhstan No. 426 of 13 November 2012.  
The SEZ "Chemical Park "Taraz" will be functioning until 1 January 2037.  The main objective of 
the SEZ is development of new chemical production on the basis of high performance technologies. 
The priority activities on the territory of the SEZ are: 
1) manufacturing of products of chemical industry; 
2) manufacturing of rubber and plastic items; 
3) manufacturing of other non-metallic mineral products; and, 
4) manufacturing of machinery and equipment for chemical production.  
Kazakhstan will add the relevant information to paragraph 702 as follows: WT/ACC/KAZ/87 
 
- 32 - 
 
   "702. The representative of Kazakhstan said that at the moment ten SEZs were operational 
in Kazakhstan:  "Astana-New City", "Seaport Aktau", "Informational Technologies Park", 
"Ontustyk", "National Industrial Petrochemical Techno-Park", "Burabai", "Saryarka", 
"Pavlodar" and "Horgos East Gates", "Chemical Park "Taraz ".  The first six of these had 
been established under Law No. 274 of 6 July 2007.  Their terms and periods of operation 
were now regulated by the 2011 Law on SEZs.  The other four were established as SEZs 
under the 2011 Law on SEZs (see Annex 18 for more information on these zones)." 
Annex 18 will be updated as follows: 
"ANNEX 18 
SEZs Operating under Law No. 469-IV "On Special Economic Zones in the Republic of 
Kazakhstan" of 21 July 2011 
SEA/SEZ Establishing Legisl ation Time-frame Purpose 
Astana – 
New City Presidential Decree 
No. 645  
of 29 June 2001  the period 
2002-2027 to facilitate the development of the 
capital of Kazakhstan by attracting investments, building public facilities, real estate and modern infrastructure based on advanced construction technologies, an d creation of 
competitive industries 
Aktau Seaport Presidential Decree 
No. 853  
of 26 April 2002 the period 
2003-2028 to facilitate the development of the 
seaport infrastructure and its auxiliary services by attracting new investments, creating new jobs and introducing modern administration and 
management methods 
Innovation 
Technologies Park Presidential Decree 
No. 1166 of 18 August 2003 until 2028 to diversify the economy through the 
production of information technology (IT) products and the effective use of the country's scientific and technical innovation capacity 
Ontustyk Presidential Decree 
No. 1605 of 6 July 2005 until 1 July 2030 to diversify the economy by creating 
jobs and attracting foreign investment 
through the development of the textile industry (cotton) in southern Kazakhstan 
National Industrial Petrochemical Techno-Park (in Atyrau oblast) Presidential Decree 
No. 495  
of 19 December 2007 until 
31 December 2032 to develop and implement 
"breakthrough" investment projects aimed at developing an internationally-
competitive deep hydrocarbon processing and high value-added petrochemica l products 
Burabai (in the 
Akmola oblast) Presidential Decree 
No. 512 
of 15 January 2008 until 
1 December 2017 to develop an effici ent and competitive 
tourism infrastructure 
Saryarka (in Karaganda oblast) Decree of the President 
No. 181 of 24 November 2011  until 
1 December 2036 to develop the metallurgical industry  
Pavlodar 
(in Pavlodar oblast) Decree of the President 
No. 186 of 29 November 2011  until 
1 December 2036 to develop chemical and  metallurgical 
industries  WT/ACC/KAZ/87 
 
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  SEA/SEZ Establishing Legisl ation Time-frame Purpose 
Horgos-East 
Gates Decree of the President 
No. 187 of 29 November 2011 until 2035 to develop Kazakhstan's transport 
infrastructure and transit capacity through construction of logistics centre 
in the SEZ 
Chemical 
Park Taraz Decree of the President 
No. 426 of 13 November 2012 until 2037 to develop chemical industry 
 
Question 40  Paras 706, 707, and 708 contain refere nces to the Customs Union.   
- Perhaps these references might be changed to "EAEU" since we anticipate 
Kazakhstan's shift to the EAEU prior to its WTO accession. 
Answer: 
The references to the Customs Union in the text of the WPR Chapter on SEZ have been changed to 
"EAEU", where relevant. 
At the same time, the references to the Agreement on Free (Special) Economic Zones on the 
Customs Territory of the Customs Union and the Customs Procedures of the Free Customs Zones 
of 18 June 2010 (the CU Agreement on SEZs) were  not changed throughout the text of the WPR 
Chapter on SEZ, because the Treaty on the EAEU, which will come into force since 1 January 2015, 
does not incorporate the provisions of this Agreement and, thus, the Agreement remain in force in its current version. 
Question 41  
Paragraph 714:  We thank Kazakhstan for co nfirming the date of 1 January 2017 for 
elimination of WTO-inconsistent measures  applied in connection with its SEZs. 
Answer:  
Kazakhstan appreciates the agreement reached on this issue. 
- Government Procurement 
Question 42  
Paragraph 727 is a commitment concerning co mmercial operations of state-owned and 
state-controlled enterprises.  Please add "fro m the date of accession" to this text, as 
follows: 
[727.   The representative of Kazakhstan confirmed that, in respect of procurement 
of goods and services, including by Stat e-owned and State-controlled enterprises, 
which were not purchased for governmental purposes, but with a view to 
commercial re-sale or with a view to us e for production of goods and supply of 
services for commercial sale, [from the date  of accession,] such purchases and sales 
would not be considered to be "governm ent procurement" within the meaning of 
Articles III:8(a) of the GATT 1994 and XIII:1 of the GATS, and thus, the Republic of 
Kazakhstan and the competent bodies of the EAEU would comply with all applicable provisions of the WTO Agreement.  The Working Party took note of this commitment.] WT/ACC/KAZ/87 
 
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  Answer:  
Kazakhstan has accepted the proposal and amended the relevant paragraph of the DWPR as 
follows: 
727.   [The representative of Kazakhstan confirme d that, in respect of procurement of goods 
and services, including by State-owned and State-controlled enterprises, which were not 
purchased for governmental purposes, but with a view to commercial re-sale or with a view 
to use for production of goods and supply of services for commercial sale, [from the date 
of accession,]  such purchases and sales would not be considered to be "government 
procurement" within the meaning of Articles  III:8(a) of the GATT 1994 and XIII:1 of the 
GATS, and thus, the Republic of Kazakh stan and the competent bodies of the EAEU  would 
comply with all applicable provisions of the WTO Agreement.  The Working Party took note 
of this commitment.] 
Question 43 Paragraph 729:  We request that Kazakhstan a ccept a transition of 2 years from the date 
of accession for its initiation of negotiations  to accede to the Agreement on Government 
Procurement as follows: 
729.  [The representative of Kazakhstan confirmed the intention of Kazakhstan to 
join the WTO Agreement on Government Procurement and to notify the Committee 
on Government Procurement to this effect at  the time of accession of Kazakhstan to 
the WTO and to ensure that from the date  of accession, its Government agencies 
would award contracts in a transparen t manner according to published laws, 
regulations and guidelines.  She also co nfirmed that Kazakhstan would request 
observership in the WTO Agreement on Government Procurement at the time of its accession to the WTO and would initiate negotiations for membership in the WTO 
Agreement on Government Procurement by  tabling an Appendix 1 offer within 
[four] [two] years after accession.  She confirmed that, if the results of the 
negotiations were satisfactory to the interests of Kazakhstan and the other 
Members of the Agreement, Kazakhstan would accede to that Agreement.  The 
Working Party took note of these commitments.] 
Answer:  
The four-year transitional period, requested by Kazakhstan, would allow the Government, as an 
observer to the GPA, to prepare the institutional and human capacity for future negotiation, 
explore the implications of membership with in the Agreement for the national economy. 
Therefore, Kazakhstan would prefer to initiate negotiations for membership in the WTO Agreement 
on Government Procurement by tabling an Append ix 1 offer within four years after accession. 
Question 44  Paragraph 730 and the response to Question 37 of WT/ACC/KAZ/83 state that 
Kazakhstan is developing legislation to ex clude procurements by state enterprises and 
enterprises with state participation from th e coverage of Law No. 303 "On Government 
Procurement" of 21 July 2007 when the pu rchases are for commercial purposes.   
- Please update this paragraph to indicate if the legislation has been enacted and/or 
its status in the legislative process. 
- Will this legislation be in force from the date of accession?  Please provide 
information on the timeline for the enactment of this legislation prior to the 
conclusion of the negotiations. WT/ACC/KAZ/87 
 
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  Answer:  
The development of the draft law is in progress, t hus, there is no need to update the paragraph at 
this time. 
In accordance with the procedure of intergovernm ental approval, the draft law is planned to be 
submitted to the Ministry of Justice - in October 2014, the PM's Office – in November 2014 and, 
finally, to the Parliament – in December 2014.  Th erefore, the draft Law is envisaged to be enacted 
in the first half of 2015. 
V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME  
- Geographical Indications, including Appellations of Origin  
Question 45  Paragraph 788: The definition of appellation of  origin of this paragraph  is not exactly 
identical with the GI definition in Article 22 TRIPS (indications which identify a good as 
originating in the territory of a Member, or a region or locality in that territory, where a 
given quality, reputation or other characteristic  of the good is essentially attributable to 
its geographical origin).  The reference to "natural conditions and/or human factors" 
actually seems to stem from the Lisbon Agre ement which in its current version is about 
appellations of origin with a definition that  is narrower than the TRIPS GI definition. 
Answer:  
Protection for appellations of origin (geographica l indications) in WTO member-states is provided 
based on legislation with different definitions that correspond to the Lisbon Agreement or the TRIPS Agreement or both of them.  Definition of appellation of origin in Kazakhstan contains 
elements of both definitions that do not in any way limit the protection of foreign appellations of 
origin (geographical indications).  As mentioned in paragraph 789, foreign appellations of origin (geographical indications) are registered based on a document attesting the applicant's right to 
use the appellations of origin (geographical indications) in their country of origin and proof of 
registration in the country of origin qualifies for this requirement.   
Question 46  
Kazakhstan indicates that the Trademark Law provided for the protection of wines and 
spirits as required under Articles 22 and 23 of  the TRIPS Agreement.  Is this protection 
limited in time and subject to maintenance or  renewal fees or the proof of actual use? 
Answer:  
Registration of appellations of origin (geographical indications) for wines and spirits providing 
additional protection as required under Articles 22 and 23 of the TRIPS Agreement is not limited in time subject to preservation of special characte ristics of goods produced at the territory of 
indicated geographical object.  However, the right to use the appellations of origin (geographical 
indications) is valid during the period of 10 years that can be renewed upon application of right holder and payment of renewal fee (approximately US$100).  
Question 47  
Taking into account National Treatment under  Article 3 TRIPS, why do foreigners have 
to submit applications for GI prot ection through a patent attorney? 
Answer:  
The same question was raised by a Member in pa ragraph 790.  The representative of Kazakhstan 
replied that the abovementioned requirement could be justified within the WTO accession since Kazakhstan did not take any commitments with regard to services of patent attorneys in 
accordance with its Schedule of Specific Commitments on Services.  Moreover, paragraph 3 of WT/ACC/KAZ/87 
 
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  Article 2 of Paris Convention (reflected in pa ragraph 2 of the TRIPS Agreement on exceptions) 
provides that:  "the provisions of the laws of each  of the countries of the Union relating to [...] the 
appointment of an agent, which may be required by the laws on industrial property, were expressly reserved". 
ANNEX 1  
Question 48  Annex 1:  Kazakhstan refers to several SPS-related texts and regulations.  We request a 
copy of the following text, in English: 
- Decision of the Eurasian Economic Co mmission Collegium "On Amendments to the 
Decision of the Customs Union Commission No. 810 'On Exception in Application of 
Veterinary Measures with Regard to Goods Included into the Common List of Goods 
Subject to Veterinary Control (Supervi sion)' of 23 September 2011" of 2012. 
Answer: 
The Decision of the Customs Union Commission No. 810 "On Exception in Application of Veterinary 
Measures with Regard to Goods Included into the Common List of Goods Subject to Veterinary 
Control (Supervision)" was amended by Decision of the Eurasian Economic Commission Collegium No. 125 of 16 August 2012.  The Decision No. 125 introduced amendments to the 9 different 
Decisions of the Customs Union Commission and Collegium of Eurasian Economic Commission, 
including the Decision No. 810. According to the paragraph 6 of the Decision No. 125 the 
amendments to the Decision No. 810 were as follows: "In the annex CU HS Codes shall be replaced respectively by CU HS Codes: 
"1001 10 000 0" – "1001 19 000 0"; "1001 90 990 0" – "1001 99 000 0"; "1002 00 000 0" – 
"1002 90 000 0"; "1003 00 900 0" – "1003 90 0 00 0"; "1004 00 000 0" – "1004 90 000 0"; 
"1201 00 900 0" – "1201 90 000 0". 
 WT/ACC/KAZ/87 
 
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  REFERENCE 1* 
* in English only WT/ACC/KAZ/87 
 
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  REFERENCE 2 * 
 
 
 
 
 
* In English only WT/ACC/KAZ/87 
 
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 WT/ACC/KAZ/87 
 
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 WT/ACC/KAZ/87 
 
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