WT/GC/W/737, G/C/W/748  
IP/C/W/637, G/MA/W/136  
G/SPS/W/295, G/TFA/W/4  
 
23 November 2017  
(17-6403) Page: 1/5 
General Council  
Council for Trade in Goods  
Council for Trade -Related Aspects of Intellectual 
Property Rights  
Committee on Market Access  
Committee on Sanitary and Phytosanitary Measures  
Committee on Trade Facilitation  Original: English  
 
 
QUESTIONS FROM THE KYRGYZ REPUBLI C TO KAZAKHSTAN  
REGARDING TRADE -RESTRICTIVE MEASURES  BY KAZAKHSTAN  
The following communication, dated 20  November  2017, is being circulated at the request of the 
Delegation of the Kyrgyz Republic.  
 
_______________  
 
 
With regard to the current situation on the Kyrgyz -Kazakh border, the Kyrgyz Republic requests  
Kazakhstan to provide detailed and comprehensive answers to the following questions:  
 
Genera l questions:  
 
1. Please explain why Kazakhstan decide d to impose trade -restrictive measures on goods 
exported from or imported into the Kyrgyz Republic as from 10  October  2017.  
 
2. Please explain why Kazakhstan began to impose trade -restrictive measures on  goods 
exported from or imported in to the Kyrgyz Republic specifically on 10  October  2017.  
 
3. Please provide the legal justification , in accordance with international trade laws,  for 
the measures imposed as of 10  October  2017.  
 
4. Please provide the list of all normative acts and orders of governmental bodies of 
Kazakhstan authorizing im plementation of these measures.  
 
5. Please clarify if the measures backed by legal docu ments explained in Question  4 
define the Kyrgyz Republic as the only country of origi n of the goods subject to 
scrutinized control and inspection.  
 
6. If the answer to Question  5 is "No", then please provide further details as to  which 
other countries were subject to scrutinized control and inspection according to the 
documents indicated in the response to Question  4. 
 
GATT  
 
1. Please explain how the measures applied by Kazakhstan on goods coming from the 
Kyrgyz Republic  comply with GATT  Article  I, which obliges Kazakhstan to provide to 
goods exported from and imported in to the Kyrgyz Repu blic all advantages and 
privileges as it does to goods coming from or  going to third  countries.  
 
2. Kazakhstan, as geographically the most convenient country for trade between the 
Kyrgyz Republic and third countries , including the Russian Federation, is co mmitted, 
according to Article  V of the GATT, to provide freedom of transit for goods coming 
from and going into the Kyrgyz Republic through its territory , and to do so  with no 
distinction based on flag, place of origin , or any circumstances relating to the  WT/GC/W/737 • G/C/W/748 • IP/C/W/637 • G/MA/W/136 • G/SPS/W/295 • G/TFA/W/4  
 
- 2 - 
 
  ownership of goods and other means of transport. Please explain how the measures 
imposed by Kazakhstan comply with GATT  Article  V. 
 
3. GATT  Article  X sets out that any regulations, judicial decisions , and administrative 
rulings made effective by any contracting party pertaining to restrictions or 
prohibitions on imports or exports shall be published promptly and in such a manner 
as to enable governments and traders to become acquainted with them. Howev er, 
Kazakhstan did not inform the Kyrgyz Republic prior to  10 October  2017 about any 
upcoming trade -distorting measures , neither via bilateral channels, nor the 
WTO Secretariat, nor the mass media. Please explain how do the border restrictions 
applied by K azakhstan comply with GATT  Article  X. 
 
4. Paragraph  2 of GATT  Article  X establishes that no measure of general application 
taken by any contracting party imposing a new or more burdensome requirement or 
restriction on imports shall be enforced before such measure has been officially 
published. Did Kazakhstan release any official publication of their restrictions on 
imported goods from the Kyrgyz Republic ? If yes, please provide the full list of the se 
publications.  
 
5. Please explain how the trade -distorting  actions of Kazakhstan comp ly with 
GATT  Article  XI. 
 
6. Do the restrictive actions by Kazakhstan applied to goods exported from and imported 
into the Kyrgyz Republic fall under subparagraphs  (a), (b) and/or (c) of paragraph  2 
of GATT  Article  XI? 
 
Trade Facilitation Agreement  
 
1. Kazakhstan falls under category  A with regard to the following Articles of th e Trade 
Facilitation Agreement:  
• Article  5.2, "Detention";  
• Article  7, paragraph  9, "Perishable Goods";  
• Article  8, "Border Agency Cooperation";  
• Article  11, "Freedom of Transit".  
Does Kazakhstan  agree that , as a developing country, it must apply these substantive 
provisions of the TFA as of the date of the TFA's entry into force?  
 
2. Did Kazakhstan,  in accordance with Article  5.2, promptly inform t he carrier or 
importer when it detained goods for inspection coming from or going to the Kyrgyz 
Republic ? If yes, please pr ovide detailed and complete information.  
 
3. Has Kazakhstan undertaken any necessary measures to release perishable goods 
coming from  the Kyrgyz Republic within the shortest possib le time , as stipulated in 
Article  7.9.1, in order to prevent avoidable loss and deterioration of perishable goods. 
If yes, please specify.  
 
4. Has Kazakhstan given appropriate priority to perishable goods coming from the 
Kyrgyz Republic,  in accordance with Articl e 7.9.2? If yes, please specify.  
 
5. Did Kazakhstan' s border agencies dealing with the importation, exportation, and 
transit of goods take all necessary measures in order to cooperate and coordinate with 
their Kyrgyz counterparts when imposing the  trade -restrictive actions  at issue ? If yes, 
please specify.  
 
6. What were the reasons for Kazakhstan's decision  to impose more burdensome border 
formalities, documentation requirem ents, and border control s, other than : 
(i) identification of goods ; and (ii)  to ensure the fulfilment  of transit requir ements.  
 
7. Did Kazakhstan apply any technical regulations and conformity assessment 
procedures within th e meaning of the Agreement on Technical Barriers to Trade on 
goods in transit from the Kyrgy z Republic to third countries?  
 WT/GC/W/737 • G/C/W/748 • IP/C/W/637 • G/M A/W/136 • G/SPS/W/295 • G/TFA/W/4  
 
- 3 - 
 
  8. Please explain how Kazakhstan's actions  comply with Article  11 of the TFA. 
 
9. Did Kazakhstan adopt or maintain a risk management  system for customs control of 
goods coming from and going to the Kyrgyz Republic, as set out in Article  7.4.1? If 
yes, please provide detailed and complete information explaining the system  in place . 
 
10. Did Kazakhstan design and apply a risk management policy in such a way as to avoid 
arbitrary or unjustifiable discrimination, or a disguised restriction on goods coming 
from and going to the Kyrgyz Republ ic, as set out in Article  7.4.2? If yes, please 
explain how.  
 
11. Did Kazakhstan take any actions to concentrate its customs control s and, to the 
extent possible , other relevant border controls on high risk consignments and to 
expedite the release of low risk consignments ? If yes, which goods were selected for 
inspection ? Please give examples  of goods considered high and goods considered low 
risk. 
 
12. Did Kazakhstan select , on a random basis, any consignments for such controls as part 
of its risk management  strategy ? If yes, which goods were selected for inspection?  
 
Agreement on the Application of Sani tary and Phytosanitary Measures  
 
In accordance with Article  5, paragraph  8, of the SPS  Agreement, the Kyrgyz Republic requests  
Kazakhstan to provide full and detailed information regarding its implementation of SPS measures , 
as follows:  
 
1. Please explain how the trade -restrictive actions by Kazakhstan on goods coming from 
the Kyrgyz Republic compl y with the main goal of the WTO  SPS Agreement as set out 
in its preamble , which stipulates that no Member shall be prevented from adopting or 
enforcing measures necessary to protect human, animal or plant life or health, subject 
to the requirement that these measures not be applied in a manner that would 
constitute a means of arbitrary or unjustifiable discriminatio n between Members 
where the same conditions prevail or be a disguised restriction on international trade . 
Please provide a comprehensive explanation.  
 
2. Are Kazakhstan 's sanitary and phytosanitary measures on goods coming from the 
Kyrgyz Republic applied only to the extent necessary to protect human, animal or 
plant life or health as set out in Article  2 of the SPS  Agreement ? 
 
3. Are Kazakhstan' s sanitary and phytosanitary measures based on scientific principl es, 
in accordance with  Article  2 of the SPS  Agreement ? 
 
4. If yes, is there sufficient scientific evidence to justify such massive inspection? Please 
provide comprehensive information and all relevant scientific findings.  
 
5. As set out  in Article  3 of the SPS  Agreement , and in order to harmonize sanit ary and 
phytosanitary measures, does Kazakhstan base its sanitary and phytosanitary 
measures on goods coming from Kyrgyzstan on international standards,  guidelines , 
and recommendations?  
 
6. If yes, please specify which international standards, guidelines , and 
recommendations?  
 
7. If no, then is there any scientific justification for Kazakhstan applying  higher sanitary 
and phytosanitary measures? Please specify.  
 
8. In case of scientific evidence, can Kazakhstan ensure , in conformity with Article  5, 
paragraph  2, of the SPS  Agreement, that their inspection, sampling , and testing 
methods, as well as all other SPS  measures taken in relation  to good s coming from 
the Kyrgyz Republic,  are relevant to any scientific evidence?  
 WT/GC/W/737 • G/C/W/748 • IP/C/W/637 • G/MA/W/136 • G/SPS/W/295 • G/TFA/W/4  
 
- 4 - 
 
  9. Did Kazakhstan ensure that their SPS  measures were based on an assessment, in 
accordance with Article  5, paragraph  1, of the SPS Agreement, of the risks to human, 
animal or plant life or health, taking into account risk assessment techniques 
developed by the relevant international o rganizations? If yes, please provide full 
information for the assessment s carried out . 
 
10. How do Kazakhstan's actions comply with Article  5, paragraph  4 of the 
SPS Agreement, which sets out that Members must take into account , when 
determining the approp riate level of SPS  protection, the objective of minimizing  any 
possible  negative trade effects?  
 
11. Has Kazakhstan taken into consideration , when imposing  SPS measures on goods 
coming from the Kyrgyz Republic, the norms envisaged in Article  5, paragraphs  5 and 
6, of the SPS Agreement, which set out that Members shall avoid arbitrary or 
unjustifiable distinctions in the levels considered to be appropriate in different 
situations, if such distinctions result in discrimination or a disguised restriction on 
international trade ? If yes, please provide a full and detailed explanation.  
 
12. If Kazakhstan has applied the SPS  measures based on insufficient scientific evidence, 
pursuant to paragraph  7 of Article  5 of the SPS Agreement, can Kazakhstan provide 
any pert inent information, including from any relevant international organization?  
 
13. Please explain how Kazakhstan's actions comply with Article  7 and Annex  B of the 
SPS Agreement , on transparency norms , which set out that Members must notify  any 
changes made t o their SPS  measures?  
 
14. Were any actions taken  by Kazakhstan,  in accordance with Annex  B of the 
SPS Agreement , to comply with its notification commitments on a bilateral basis and 
within the WTO  system?  
 
TRIPS  
 
1. Explain how the trade -restrictive actions taken by Kazakhstan with regard to goods 
coming from the Kyrgyz Republic co mply with the goal of the TRIPS  Agreement , set 
out in its preamble , which establishes that Members should ensure that the measures 
and procedures to enforce inte llectual property rights do not themselves become 
barriers to legitimate trade . 
 
2. Explain how the trade -restrictive actions taken by Kazakhstan with regard to goods 
coming from the Kyrgyz  Republic comply with paragraph  1 of Article  41 of the 
TRIPS  Agreem ent, which sets out that procedures to enforce intellectual property 
rights shall be applied in such a manner as to avoid the creation of barriers to 
legitimate trade and to provide for safeguards against their abuse.  
 
3. As stipulated in Article  51, does Kazakhstan ensure , prior to application of  measures 
against goods coming from the Kyrgyz Republic that it possesses valid grounds for 
suspecting them of being counterfeit trademark or pirated copyright goods based on 
applications from any right  holder , in writing , to Kazakhstan's competent authorities, 
administrative or judicial, requesting further suspension by customs authorities of 
release into free circulation  of any goods at issue ? If yes, please specify an d provide 
detailed information.  
 
4. How do Kazakhstan's measures comply with Article  63 of the TRIPS  Agreement , which 
obliges Kazakhstan to publish or make publicly available their administrative rulings 
and judicial decisions, and in such a manner as to enable the Kyrgyz Republic, in this 
case, to become acquainted with them? P lease provide full information.  
 
5. Please provide all relevant reasons and motives to explain why inspections are carried 
out only on Kyrgyz cargo transport?  
 WT/GC/W/737 • G/C/W/748 • IP/C/W/637 • G/M A/W/136 • G/SPS/W/295 • G/TFA/W/4  
 
- 5 - 
 
  6. Please provide statistical data and other practical and factual evidence to support the 
allegation that counterfeit production crosses the Kyrgyz -Kazakh border.  
 
__________