WT/REG363/1  
29 August  2018 
(18-5324) Page: 1/43 
Committee on Regional Trade Agreements   
 
FACTUAL PRESENTATION  
TREATY ON ACCESSION OF THE REPUBLIC OF A RMENIA TO THE EURASIAN ECONOMIC UN ION 
(GOODS AND SERVICES ) 
Report by the Secretariat  
This report, prepared for the consideration of the Treaty on Accession of the Republic 
of Armenia to the Eurasian Economic Union , has been drawn up by the WTO 
Secretariat on its own responsibility and in full consultation with the Parties. The 
factual pres entation reproduces as closely as possible the terminology used in the 
Treaties  and in the comments provided and does not imply official endorsement or 
acceptance by the Secretariat of such terminology. The report has been drawn up in 
accordance with the r ules and procedures contained in the Decision for a 
Transparency Mechanism for Regional Trade Agreements (WT/L/671) and thus does 
not imply any value judgement by the Secretariat  regarding the contents of the 
Treaty . 
Any technical questions arising from th is report may be addressed to Maria Donner 
Abreu  (tel: +41 22 739 52 44) . Any statistical questions arising from this report may 
be addressed to Rowena Cabos (tel: +41 22 739 51 85) . 
 
 
 
  WT/REG363/1  
 
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  TABLE OF CONTENTS  
Page 
1   TRADE ENVIRONMEN T ................................ ................................ ................................ . 4 
1.1   Merchandise trade  ................................ ................................ ................................ ....... 4 
1.2   Trade in services and investment  ................................ ................................ ..................  6 
2   CHARACTERISTIC E LEMENTS OF THE TREAT Y ................................ .............................  8 
2.1   Background Information  ................................ ................................ ...............................  9 
3   PROVISIONS ON TR ADE IN GOODS  ................................ ................................ ...........  10 
3.1   Trade liberalization between the Parties  ................................ ................................ ........ 11 
3.2   Trade with third parties  ................................ ................................ ............................... 12 
3.2.1    Application by Armenia of the EAEU's CET  ................................ ................................ ...12 
3.2.2    Non-tariff measures  ................................ ................................ ................................ .18 
3.2.3    Other export -related measures  ................................ ................................ .................. 18 
3.2.4    Fees and charges connected with importation and exportation  ................................ ......18 
3.2.5    General incidence of the formation of th e EAEU  ................................ ........................... 18 
3.3   Rules of origin  ................................ ................................ ................................ ............ 19 
3.4   Regulatory provisions on trade in goods  ................................ ................................ ........ 19 
3.4.1    Standards  ................................ ................................ ................................ ............... 19 
3.4.2    Trade defence measures  ................................ ................................ ........................... 20 
3.4.3    Subsidies and State -aid ................................ ................................ ............................ 22 
3.4.4    Customs -related procedures ................................ ................................ ...................... 22 
4   PROVISIONS ON TR ADE IN SERVICES AND INVESTMENT  ................................ .........  23 
4.1   Scope and definitions  ................................ ................................ ................................ ..24 
4.2   Denial of benefits  ................................ ................................ ................................ .......24 
4.3   General provisions on trade in services and investment  ................................ ................... 24 
4.3.1    Market access  ................................ ................................ ................................ ......... 24 
4.3.2    National and MFN treatment  ................................ ................................ ...................... 24 
4.3.3    Commercial presence  ................................ ................................ ............................... 24 
4.3.4    Movement of natural persons  ................................ ................................ .................... 24 
4.3.5    Performance requirements  ................................ ................................ ........................ 25 
4.3.6    State enterprises and monopolies  ................................ ................................ .............. 25 
4.4   Liberalization commitments and the Single Market  ................................ .......................... 25 
4.4.1    Armenia  ................................ ................................ ................................ ................. 27 
4.5   Regulatory provision s ................................ ................................ ................................ ..31 
4.6   Sector specific provisions on trade in services  ................................ ................................ 31 
4.6.1    Financial services  ................................ ................................ ................................ .....31 
4.6.2    Electricity services  ................................ ................................ ................................ ...31 
4.6.3    Rail transport services  ................................ ................................ .............................. 32 
5   GENERAL PROVISIO NS OF THE AGREEMENT  ................................ .............................  32 
5.1   Transparency  ................................ ................................ ................................ ............. 32 
5.2   Current payments and capital movements  ................................ ................................ .....32 WT/REG363/1  
 
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  5.3   Exceptions  ................................ ................................ ................................ ................. 32 
5.4   Accession and Withdrawal ................................ ................................ ............................ 32 
5.5   Institutional framework  ................................ ................................ ............................... 32 
5.6   Dispute settlement  ................................ ................................ ................................ .....33 
5.7   Relationship with other agreements concluded by the Parties  ................................ ........... 33 
5.8   Government procurement  ................................ ................................ ............................ 34 
5.9   Intellectual property rights  ................................ ................................ .......................... 34 
5.10   Other  ................................ ................................ ................................ ...................... 35 
ANNEX 1  ................................ ................................ ................................ ........................  36 
ANNEX 2  ................................ ................................ ................................ ........................  38 
ANNEX 3  ................................ ................................ ................................ ........................  39 
ANNEX 4  ................................ ................................ ................................ ........................  40 
 
  WT/REG363/1  
 
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KEY FACTS  
 
Parties to the Agreement:  Republic of Armenia , Republic of Belarus,   
 Republic of Kazakhstan and Russian Federation  
 
Date of Signature:   10 October 2014  
 
Date of Entry into Force:   2 January 2015  
 
Date of Notification:   29 December 2014  
 
Full implementation :  2025 (G&S)  
 
 
 
1  TRADE ENVIRONMENT  
1.1.  On 2 January 2015, the Republic of Armenia (hereafter, "Armenia") became the fourth full -
fledged Member of the Eurasian Economic Union (EAEU) together with the Republic of Belarus, the 
Republic of Kazakhstan and the Russian Federation.  
1.2.  With 2.9 million inhabitants in 2016, Armenia is the smallest EAEU Member.1 Its GDP was 
estimated at US$10,499 million in 2016; the corresponding figure for the EAEU(3)2 was 
US$1,463  billion. In 2016, Armenia ranked 108th as regards both  global  exports and imports  of 
goods ; and for trade in services, it ranked 83rd and 88th (excluding intra -EU trade). In the same 
year, Armenia's world exports reached US$1.8 billion and imports US$3.3 billion.3 Also in 2016, 
the EAEU's global ranking was 9th and 12th for merchandise exports and imports; and 13th and 10th 
for exports and impor ts of commercial services (excluding intra -EU trade).4 Its world merchandise 
exports and imports were estimated at US$341.9 billion and US$244.2 billion, respectively.  
1.3.  During 2012 -2014, Armenia's global exports and imports were dominated by minerals. In the 
same period, the EAEU's global exports were largely concentrated in mineral products; while 
imports were in machinery.  
1.1  Merchandise trade  
1.4.  In 2016, Armenia accounted for a relatively small share of EAEU global exports and imports, 
ranking 27th and 34th, respectively; in contrast, the EAEU is Armenia's second and largest export 
and import market.  On average, one -fifth of Armenia's  trade is carried out with the EAEU.5  
1.5.  As shown  in Chart 1.1, the Parties' trade with the world has grown steadily since 2000 – the 
major exception being a sharp decline in 2009 due to the 2008 -2009 world economic crisis. In 
2014, the fall in  both Armenia's and the EAEU's global trade flows coincided with an economic 
slowdown in the EAEU . Throughout the 2000 -2016 period, the EAEU rem ained a net exporter 
vis-à-vis the world. In contrast, Armenia has persistently run a trade deficit, reaching a peak of 
US$2.8 billion in 2012, followed by a narrowing of the deficit  in 2013  – 2016. Bilateral trade 
follows the same profile, and i n relative  terms, Armenia's trade deficit with the EAEU widened 
during the 2004 -2012 period, before narrowing in 2016.  
                                                
1 World Bank data. Viewed at: https://data.worldbank.org/country/armenia .  
2 In this Factual Presentation, EAEU(3) includes the EAEU original member States – Belarus, 
Kazakhstan, Russian Federation – while EAEU(4) also includes Armenia.  
3 Trade statistics from WTO trade profiles 2017. Viewed at: 
https://www.wto.org/english/res_e/booksp_e/trade_profiles17_e.pdf .  
4 WTO World Trade Statistical Review 2017. Viewed at: 
https://www.wto.org/english/res_e/statis_e/wts2017_e/wts17_toc_e.htm .  
5 UNSD, Comtrade Database. Excludes intra -EU trade.  WT/REG363/1  
 
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  Chart 1.1 EAEU -Armenia:  Merchandise bilateral trade and with world, 2000 -2016  
 
Note:  EAEU - Belarus,  Kazakhstan, Russian Federation.  
Source:  UNSD Comtrade database.  
 
1.6.  Chart 1.2 depicts the composition of global and bilateral trade between the Parties during the 
three year period 2012 -2014 by HS section. While the EAEU's imports from Armenia are largely 
dominated by prepared food (57%), followed by precious stones (11%) and live animals (10%) , 
Armenia's global exports appear to be generally less concentrated, with minerals, base metals and 
prepared food accounting for 27%, 22% and 21%, respectively.  
1.7.  Throughout the same period, Armenia's largest import from the EAEU , and the EAEU's main  
global export – minerals - accounted for 52% and 73%, respectively  of Armenia's imports from the 
EAEU and EAEU exports . The penetration of the EAEU's exports of vegetables in the Armenia n 
market is six times that of in the world market (12% of Armenia's imports but only 2% of EAEU 
global exports). The third category – base metals – represents the same percentage of both 
bilateral imports and global exports (8%).  
012345678
012345678
2000 2002 2004 2006 2008 2010 2012 2014 2016B. Armenia 2000 -2016
(US$ billions)
Imports from EAEU (Right Axis)
Exports to EAEU (Right Axis)
Total Imports
Total Exports
0.00.51.01.52.02.53.03.54.04.55.0
0100200300400500600700800
2000 2002 2004 2006 2008 2010 2012 2014 2016A. EAEU 2000 -2016 
(US$ billions)
Imports from Armenia (Right Axis)
Exports to Armenia (Right Axis)
Total Imports
Total ExportsWT/REG363/1  
 
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  Chart 1.2 EAEU and Armenia:  product composition of merchandise trade, annual average 
(2012 -2014)  
 
Note:  EAEU - Belarus, Kazakhstan, Russian Federation.  
Source:  UNSD, Comtrade database.  
 
1.2  Trade in services and invest ment  
1.8.  Charts 1.3 -1.4 show the composition of global commercial services trade for the EAEU and 
Armenia in 2005 -2016. Bilateral statistics for trade in services are not available. During this 
period, the EAEU was a net importer of travel, construction, finan cial and telecommunication 
services and charges for the use of intellectual property. It had a surplus in transport, 
manufacturing and maintenance and repair services. Travel, transport and construction services 
remain the major sectors for the EAEU.  
1.9.  Throu ghout the same period, Armenia was a net importer of transport, maintenance and 
repair, insurance and financial (except for a surplus in 2005 -2006) services. It had a surplus in 
manufacturing, travel (except for 2013 -2016), construction (with the exception  of 2009 -2010), 
and telecommunications services. Travel, transport, and construction remain the major sectors for 
Armenia.  
57
111093325EAEU's imports from Armenia (%)
30
16
1175444433225EAEU's Global Imports (%)
27
22
2113322226Armenia's Global Exports (%)
52
1288633324Armenia's imports from EAEU (%)
21
14
9
87664443222224Armenia's Global Imports(%)
738522226EAEU's Global Exports(%)Total: US$ 337 million Total: US$ 333 billion
Total: US$ 4.2 billionTotal: US$ 585 billionTotal:  US$ 1.5 billion
Total: US$ 1,114 million
Animal or vegetable 
fats and oilsVegetablesLive animals
ChemicalsMineralsPrepared 
foods
Wood pulpWood and articles of 
woodPlastics
Precious stonesArticles of stone, 
plaster, cementTextiles
VehiclesMachineryBase 
metals
OtherMiscellaneousOpticalWT/REG363/1  
 
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  Chart 1.3 EAEU: Trade in commercial services data with world, 2005 -2016  
 
Note:  Based on BPM6, EAEU - Belarus, Kazakhstan, Russian Federation.  
Source:  WTO Statistics Database and the Central Bank of the Russian Federation webpage (data viewed 
from: http://www.cbr.ru/eng/statistics/Default.aspx?PrtId=svs ). 
Chart 1.4 Armenia: Trade in commercial services data with world, 2005 -2016  
 
Note:  Based on BPM6.  
Source:  WTO Statistics Database.  
Manufacturing services on physical 
inputs owned by others
Maintenance & repair services, n.i.e.
Transport services
Travel servicesInsurance and pension 
services
Financial services
Charges for the use of 
intellectual property n.i.e.Telecom, computer and 
information services
Other business servicesConstruction services
Personal, cultural and 
recreational services020406080100120140160
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016A. EAEU imports from world
2005 -2016
(US$ Billion)
020406080100120140160
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016B. EAEU exports to world
2005 -2016
(US$ Billion)
Manufacturing services on physical 
inputs owned by others
Maintenance & repair services, n.i.e.
Transport services
Travel servicesInsurance and pension 
services
Financial services
Charges for the use of 
intellectual property n.i.e.Telecom, computer and 
information services
Other business servicesConstruction services
Personal, cultural and 
recreational services0.00.20.40.60.81.01.21.41.61.82.0
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016A. Armenia imports from world
2005 -2016
(US$ Billion)
0.00.20.40.60.81.01.21.41.61.82.0
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016B. Armenia exports to world
2005 -2016
(US$ Billion)WT/REG363/1  
 
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  1.10.   Chart 1.5 presents the EAEU's trends in foreign direct investment ("FDI") with the world 
during 2005 -2016, showing that it was a net importer of FDI in terms of stocks and flows for most 
of the period analysed. Despite some fluctuations, the trend in the EAEU FDI stock has generally 
been upward , while FDI flows grew to a lesser extent  and peaked  in 2008 and 2013.  During the 
same period, Armenia was a net importer of global FDI stock s and flows, as shown in Chart 1.6. 
While Armenia's inward and outward FDI stock generally increased  during this period , inward  FDI 
flows decreased significantly since 2008. Bilateral FDI information is not available.  
Chart 1.5 EAEU: FDI stock and flow with world, 2005 -2016  
 
Note:  EAEU - Belarus, Kazakhstan, Russian Federation.  
Source:  UNCTAD, Kazakhstan authorities, Central Bank of the Russian Federation data viewed at : 
http://www.cbr.ru/eng/statistics/Default.aspx?PrtId=svs . 
Chart 1.6 Armenia: FDI stock and flow with world, 2005 -2016  
 
Source:  UNCTAD.  
 
2  CHARACTERISTIC ELEME NTS OF THE TREATY  
2.1.  In acceding to the EAEU, Armenia ac cedes to the totality of the EAEU legal framework, in 
accordance with the "Treaty on Accession of the Republic of Armenia to the EAEU" ( hereafter, the 
"Accession Treaty"), as follows:  
0100200300400500600700800
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016EAEU FDI stock with world
2005 -2016
(US$ Billion ) 
Outward Inward
0100200300400500600700
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016EAEU FDI flow with world
2005 -2016
(US$ Billion ) 
Outward Inward
01,0002,0003,0004,0005,0006,000
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016Armenia FDI stock with world
2005 -2016
(US$ Billion ) 
Outward Inward
01002003004005006007008009001,000
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016Armenia FDI flow with world
2005 -2016
(US$ Billion ) 
Outward InwardWT/REG363/1  
 
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  a. the EAEU Treaty as well as other international treaties concluded in the  context of the 
Customs Union (CU) and the Single Economic Space (SES) (in force since 2010 and 
2012, respectively), which are part of the EAEU legal framework . These are listed in 
Annex 1 to the Accession Treaty .6 In the period between the signature of the Accession 
Treaty and its entry into force,  and in accordance with para graph  4 of Article 1 of the 
Accession Treaty, Armenia has acceded to three  international treat ies previously  
concluded between Belarus, Kazakhstan and the Russian Federation – namely  on the 
circulation of pharmaceuticals  and medical articles  in the EAEU and on the on Accession 
of Armenia to the Treaty on the Accession of the Kyrgyz Republic to the EAEU Treaty ;7 
b. the required modifications to the EAEU legal framework following Armenia's  accession 
are included in Annex 2 to the Accession Treaty  ("Protocol on Amending, in Connection 
with the Accession of the Republic of Armenia, the  Agreement on the Eurasian 
Economic Union dated 29 May 2014 and the International Treaties Concluded in the 
Framework of Forming the Contractual -Legal Basis for the Customs Union and the 
Common Economic Space", hereafter the "Amendments Protocol") ;  
c. while Annex 3 to the Accession Treaty specifies the transitional measures pending 
Armenia's full implementation of  the EAEU legal framework, Armenia's temporary  
exceptions to the EAEU common external tariff (CET) are specified in Annex 4 ; and 
d. as of its accession, Armenia will implement all Acts and Decisions adopted by the bodies 
of the EAEU as well as those of the CU  (Article 2).  
2.2.  The other elements addressed by the Accession Treaty are the r elationship between 
Armenia's Accession to the EAEU and its WTO Membership (Article 3 and  Annex 3) , the movement 
of goods and vehicles through third parties (Article 4 and Annex 5)  and dispute settlement 
(Article  5). Article 6 establishes that the Accession Treaty is integrated into EAEU law.  
2.3.  The Factual Presentation on the " Treaty on the Eurasian Economic Union" (hereafter, the 
EAEU Treaty), distributed under WT/REG358/1, explains  in detail the functioning, rules and 
regulations of the EAEU. A full understanding of Armenia's accession to the EAEU, dealt with in the 
current Factual Presentation, will therefore benefit from a joint consideration of both documents.  
2.1  Background Informa tion 
2.4.  On 29 December 2014, Armenia and the Russian Federation notified the " Treaty on Accession 
of the Republic of Armenia to the EAEU" under both Article XXIV of the GATT 1994 and Article V of 
the GATS (WT/REG363/N/1 and S/C/N/790). The Accession Treaty wa s signed on 10 October 
2014; following the completion of ratification procedures, it entered into force on 2 January 2015, 
when Armenia became a Member of the EAEU.  The EAEU Treaty had entered into force the day 
before, on 1 January 2015.  
2.5.  At the time of the notification and entry into force  of the Accession Treaty , only Armenia and 
the Russian Federation w ere WTO Member s. Kazakhstan became a WTO Member on 30 November 
2015. As of August  2018, Belarus remains in the process of acceding to the WTO.  
2.6.  Prior to its EAEU accession, Armenia had considered joining the Customs Union between 
Belarus, Kazakh stan and the Russian Federation. In September 2013, Armenia declar ed its 
intention to join the CU and the SES. At the Supreme Eurasian Economic Council (hereafter, the 
                                                
6 Annex 1 lists 29 legal instruments to which Armenia is acceding as a consequence to its  EAEU 
accession. They include issues like inter alia  rules of origin, preferences for developing and least -developed 
countries, intellectual property], etc. The specific language to be modified in such legal instruments – basically 
adding "Republic of Arme nia" to countries to which the relevant provisions apply - is contained in Section II of 
Annex 2 to the Accession Treaty.  
7 "Protocol on the accession of the Republic of Armenia to the Agreement on uniform principles and rules 
for the circulation of pharm aceuticals within the framework of the EAEU  of December 23, 2014 ", signed on 2 
December 2015;  "Protocol on the accession of the Republic of Armenia to the Agreement on uniform principles 
and rules for the circulation of medical articles (articles for medic al use and medical equipment) within the 
framework of the EAEU  of December 23, 2014 ", signed on 2 December 2015;  and " Protocol on the accession of 
the Republic of Armenia to the Treaty on the Accession of the Kyrgyz Republic to the Treaty on the EAEU of 
May 29, 2014, signed on December 23, 2014 ", signed on 8 May 2015 . WT/REG363/1  
 
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  Supreme Council) meeting held in October 2013, the Heads of States instructed the Eurasian 
Economic Commission (hereafter, " EEC" or "Commission" ) to init iate the procedure on accession; a 
working Group was therefore established.  Armenia was granted observer status in meetings of the 
Supreme Council and of the EEC's Council and Collegium , as well as the right to appoint a 
representative to the Commission.  
2.7.  In December 2013, the road map for Armenia's accession to the CU and the SES was 
adopted. The roa d map provided for Armenia to implement 267 measures  – generally providing for 
the harmonization of its national legislation with the contractual and legal framework of the CU and 
SES - 126 of which had to be implemented  prior to accession. At the Supreme Council Session 
held in April 2014, it was acknowledged that 111 measures had already been implemented , while 
the 15 remaining measures would be included in the accession treaty itself.   
2.8.  On 29 May 2014, the EAEU Treaty between the Russian Federation, the R epublic of Belarus 
and the Republic of Kazakhstan was signed ; it entered into force on 1 January 2015 . The EAEU 
Treaty provides for a common market for goods, services, capital and labour as well as 
coordinated and agreed policy in different areas.  The CU and the SES were terminated when the 
EAEU was established (Article 113 of the EAEU Treaty ). Numerous legal instruments of the CU  and 
the SES  have however been incorporated into EAEU law; whenever relevant, they will be referred 
to in this Factual Pre sentation.  
2.9.  Within that context, and given that A rmenia ha d implemented the measures necessary for its 
accession  to the CU and the SES, the Accession Treaty was signed before  the entry into force  the 
EAEU Treaty, with the understanding that the accession wo uld take place simultaneously with the 
start of the functioning  of the EAEU.  
2.10.   The structure of the Accession Treaty is presented in  Box 2.1. 
Box 2.1 Structure of Armenia's Accession Treaty to the EAEU  
Treaty on Accession of the Republic of Armenia to the EAEU  
Annexes  
Annex 1  List of International Treaties , which were Concluded in the Framework of Forming   the 
  Contractual -Legal Basis for the Customs Union and the Single  Economic Space,  and 
  to which the Republic of Armenia Accedes  
 
Annex 2  Protocol on Amending, in Connectio n with the Accession of the Republic of Armenia, the 
  Agreement on the Eurasian Economic Union dated 29 May 2014 and the International 
  Treaties Concluded in the Framework of Forming the Contractual -Legal Basis for the 
  Customs Union and the Single  Economic Space  
 
Annex 3  Conditions and Transitional Clauses  
 
Annex 4  List of Goods and Rates in Relation to Which the Republic of Armenia Applies, during the 
Transition Period, Import Customs Tariff Rates that differ from the Tariff Rates of the 
Common Customs  Tariff of the Eurasian Economic Union  
 
Annex 5  Protocol on the Peculiarities of the Movement of Goods and Vehicles from the Customs 
Territory of the Eurasian Economic Union, including the Territory of the Republic of 
Armenia, to the Customs territory of t he Eurasian Economic Union, including the 
Territory of the Republic of Armenia, through Territories that are Not the Customs 
Territory of the Eurasian Economic Union  
 
 
3  PROVISIONS ON TRADE IN GOODS  
3.1.  Among members of the EAEU  – and Armenia since its accessio n - a customs union with a 
single internal market for goods, common customs regulations and a common external trade 
regime is in operation. The common customs regulations are implemented in accordance with the 
provisions of the EAEU Treaty  and Armenia's Ac cession Treaty , agreements and acts concluded 
among EAEU member States , and the EAEU Customs Code (in force since 1 January 2018).  WT/REG363/1  
 
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  3.1  Trade l iberalization between the Parties  
3.2.  Prior to its accession to the EAEU, all trade between Armenia and each of the EAEU m ember 
States was already duty -free, in accordance with various bilateral an d plurilateral free-trade 
agreements ( FTAs) in force between these countries (see Section 5. 7).  
3.3.  Under Article 114 of the EAEU Treaty, bilateral international agreement s between the  
member States envisaging deeper integration  or additional benefits for their natural and/or 
juridical persons  - as compared to the provisions of the EAEU Treaty or  of international treaties 
within the Union  - shall be applied to relations between the cont racting parties of such bilateral 
international agreement s, provided this does not affect the rights and obligations under the EAEU 
Treaty and international treaties within the EAEU .  
3.4.  Table 3.1 and Table  3.2 show the duty free treatment provided by the EAEU and Armenia 
towards each other,  in terms of MFN and preferential treatment under existing FTAs. In 2015, 
Armenia8 benefitted from MFN duty-free treatment in the EAEU on 14.9% of EAEU  tariff lines , 
accounting for  4.1% of imports by the EAEU from Armenia during 2012 -2014; duty -free treatment  
was applied to 85.1% lines  in the EAEU tariff , correspond ing to 95.9% of imports from Armenia in 
2012-2014. Figures o n MFN/preferential duty -free treatment provided by Armenia towards EAEU 
member States show a similar breakdown in ter ms of percentage of tariff lines – around 20% MFN 
and 80% preferential . However, in terms of trade , the profiles are significantly different, with MFN 
duty-free imports  accounting for as much as two -thirds of average 2012 -2014 imports.  
Table 3.1 EAEU: Duty -free treatment towards Armenia and corresponding average trade  
Duty phase -out period  Number  of 
lines  % of lines in 
EAEU's Tariff 
Schedule  Value of EAEU's 
imports from 
Armenia  
(US$ million)  
2012 -2014  % of total 
EAEU's 
imports from 
Armenia  
2012 -2014  
MFN (2015)  1,746  14.9 13.6 4.1 
Preferential duty -free  9,965  85.1 319.7  95.9 
Total 11,711  100.0  333.3  100.0  
Note:  EAEU's tariff is based on Russia's MFN2015, EAEU's imports include  Belarus, Kazakhstan and 
Russia's imports from Armenia.  
 Based on HS 2012 nomenclature at the HS 10 -digit tariff line level.  
Source:  WTO-IDB and Armenian authorities . 
 
Table 3.2 Armenia: Duty -free treatment towards EAEU  member States  and 
corresponding average trade  
Duty phase -out period  Number 
of lines  % lines in 
Armenia's 
Tariff 
Schedule  Value of Armenia's 
imports from EAEU  
(US$ million)  
2012 -2014  % of total 
Armenia's 
imports from 
EAEU  
2012 -2014  
MFN (2015)  2,349  20.1 750.4  65.7 
Preferential duty -free  9,362  79.9 392.5  34.3 
Total 11,711  100.0  1,142.9  100.0  
Note:  EAEU i s composed of Belarus, Kazakhstan and Russian Federation.  
 Based on HS 2012 nomenclature at the HS 10 -digit tariff line level.  
Source:  WTO-IDB, WTO -TPR and Armenian authorities.  
 
3.5.  The EAEU Treaty provides for an internal market with free movement of goods – with trade 
free of import and export duties and other charges having equivalent effect, non -tariff measures 
and trade defence  instruments, except as otherwise provided for in the Treaty (Articles 3, 25 and 
28 of the EAEU Treaty ). Once a good is within the territory of the Union, trade is carried out 
                                                
8 In 2015, the Russian Federation's applied MFN tariff consisted of 11,711 lines at the HS 10 -digit level, 
of which 85.2% had ad valorem  rates of duty. Of the remainder, 1,440 had mixed duty rates, 274 specific 
duties, and 19 compound rates.  WT/REG363/1  
 
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  without customs declarations and controls such as transport, sanitary, veterinar y, etc. except as 
otherwise provided for in the Treaty of Accession or the EAEU Treaty.  
3.6.  The EAEU legal framework provides for the possibility to apply certain exceptions to the free 
movement of goods , as follows : 
a. goods imported from third -parties under temporary  country -specific exceptions to the 
CET, as applied by Armenia and  Kazakhstan (see Section 3.2). T he tariff differential 
between  Armenia's  lower tariffs and CET may be paid to allow further circulation of 
goods within other EAEU parties ;  
b. goods expo rted from Armenia which benefit from any of the transition period provided 
for in the Accession Treaty, in accordance with the terms and conditions specified therein 
and addressed in various sections of this Factual Presentation; and  
c. in accordance with Art icle 29 of the EAEU Treaty, goods to which the general and/or 
security exception clauses apply.  
3.7.  On the basis of the value of imports from third -parties (average of 2012 -2014; for Belarus, 
2012-2013 only), in 2015, 0.37%  of extra-EAEU imports took place in  goods which correspond to 
Armenia 's temporary  exceptions to the CET; in 2016, that figure was 0.36%. However, information 
is not available on whether these imports were of originating products or products from third -
parties.  
3.8.  Free economic (special) zones and free warehouse s, established in Armenia in accordance 
with domestic legislation, are authorized under Article 27 of the EAEU Treaty . As of June 2018,  
there are three operating free economic zones  (FEZ)  in Armenia .9 
3.2  Trade with third parties  
3.2.1   Application by Armenia of the EAEU's CET  
3.9.  The application by Armenia of the EAEU's CET is regulated by Sections IV and V of Annex 3 to 
the Accession Treaty , based on t wo underlying principles  - namely the full  harmonization of 
Armenia's MFN rates with the CET following  a transition period and the respect of WTO obligations 
and of the Treaty on Functioning of the Customs Union within the Multilateral Trading System of 
19 May 2011 (hereafter, "Treaty on the Multilateral System"), which is part of the EAEU legal 
framework.  In short, the Treaty on the Multilateral System provides that from the date of 
accession of any EAEU member State to the WTO, the p rovisions of the WTO Agreement, as set -
out in its Protocol of Accession, which related to matters that the member States had  authorised 
the Supreme Council and the EEC to regulate in the framework of the EAEU, as well as to the legal 
relationships regulated by the international treaties constituting the legal framework of the EAEU, 
become an integral part of the legal framework  of the CU and later the EAEU. EAEU member 
States are obliged, when making an international agreement within the EAEU, to ensure that such 
EAEU agreement is consistent with the WTO Agreement . 
3.10.   As per the Accession Treaty, Armenia has committe d to renegotiat e its WTO bound rates , 
with renegotiations be ing conducted by a delegation appointed by the Council of the EAEU 
Commission (paragraph 38 of Annex 3 to the Accession Treaty). A  joint delegation, comprising 
representatives of Armenia,  Belarus, Kazakhstan, Kyrgyz Republic, Russian Federation and the 
EAEU Commission10 was later appointed  (Order of the Council of the Commission No 30 of 2 
December 2015, which replaced Order 12 of 23 April 20 15). The results of the renegotiations shall 
first be approved by the Council of the Commission prior to their final adoption in the WTO; 
following that, the CET shall be modified accordingly.  
                                                
9 "Alliance" FEZ, launched in August 2013 for a duration of is 10 years, is oriented towards the 
production and exports of high and innovative technol ogies.  "Meridian" FEZ, launched in March 2015 for a 
duration of 10 years, is specialized in jewellery, stones cutting and watchmaking. "Meghri" FEZ, launched in 
December 2017 for a duration of 50 years, operates in the industrial and logistic fields.  
10 The Commission representatives are the Head of the Department of Trade Policy and of the Division 
of Interaction with the WTO and other International Organizations of the Trade Policy Department .  WT/REG363/1  
 
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  3.11.   Procedures under Article s XXIV:6 and XXVIII of the GATT 1994 for the modification of 
Armenia's Schedule CLV were initiated by Armenia in November  2014,11 with in particular  the 
circulation of relevant data. 
3.2.1.1   Level of harmonization  
3.12.   Upon its accession, Armenia has been given a number of temporary exceptions to the CET ; 
as of 2022, the CET will apply in full .12 Until that time Armenia is to ensure that goods imported 
under rates lower than the CET remain in its territory, and to take measures ensuring that in case 
of exportation to other EAEU member States, the tariff differential is paid.13 The Commission is 
responsible for compiling and updating Armenia's CET exception list of goods/rates (paragraph 40 
of Annex 3 to the Accession Treaty).  
3.13.   Chart 3.1 illustrates the level of harmonization of the CET – as applied by Belarus and the 
Russian Federation14 – and Armenia' s MFN rates for 2015 -2021, by the  number of tariff lines and  
extra-EAEU(4) imports ( average 2012-2014, for Belarus, 2012 -2013 only ). A breakdown of the 
duty free/dutiable CET rates is also provided. Exceptions, granted for less than 10% of the tariff 
lines, accounted in 2015 for more than two -thirds of Armenia's imports from third -parties. By 
2020, with the number of exceptions to the CET significantly reduced, they w ill account  for around 
10% of third -parties imports.   
Chart 3.1 Armenia - Application of CET and Exceptions and corresponding average trade, 
2015 -2021  
 
Note: Based on HS 2012 nomenclature.  
 Average imports 2012 -2014; f or Belarus, 2012-2013.  Import data for Russian Federation and 
Armeni a are at 8-digit level, while the ta riff is at 10 -digit level. I mports were aligned with the 
10-digit tariff line data.  
ARM Armenia.  
                                                
11 G/SECRET/37.  
12 Annex 4 lists, for all of Armenia's exception s to the CET, the applied MFN rate for the period 2015 -
2022. The CET rates may however vary during this period; accordingly, it may happen that a CET exception 
becomes redundant.  
13 Other member States are free to establish procedures for the entry of such  goods into their territory.  
14 Kazakhstan also has CET exceptions; therefore, the CET is applied in its totality only by Belarus and 
the Russian Federation.  
0%10%20%30%40%50%60%70%80%90%100%
2015 2016 2017 2018 2019 2020 2021 2015 2016 2017 2018 2019 2020 2021 2015 2016 2015 2016
ARM - Tariff lines ARM - Imports ROW CET - Tariff
linesCET - Imports
ROW
Exception CET CET, duty-free CET, dutiableWT/REG363/1  
 
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  ROW  Rest of the world.  
CET The Parties agreed that the Russian Federation MFN tariff is the CET.  In this table, the CET is that as 
applied by Belarus and the Russian Federation (Kazakhstan applies CET exceptions). As of 2017, 
2016 CET rates are used.  
ARM 2015    Russian Federation MFN 2015 + Armenia's Exception for 2015 . 
ARM 2016 -2022 Russian Federation MFN 2016 +Armenia's Exception  for 2016 -2021.  
Source:  WTO-IDB, WTO -TPR and Armenian authorities.  
 
3.14.   Additional details on CET exceptions are provided in Table 3. 3. In 2015, Armenia's CET 
exceptions were in force for 780 tariff lines , accou nting for 0.37% of extra -EAEU (4) imports  
(average of 2012 -2014, 2012 -2013 for Belarus ); in 2021, the corresponding number s will be  
82 tariff lines , representing 0.05% of EAEU's imports from third parties .  
Table 3.3 Armenia: CET exceptions and trade with third parties, 2015 -2021  
Tariffs  (year)  No of lines  % imports from ROW (2012 -2014)a by 
Armenia  EAEU (4) 
2015 
of which:          equal to the CET  
lower than the CET 
higher than the CET  
not comparableb  780 
8 
732 
21 
19 37.8%  0.37 
 
 
 
2016 
of which:          equal to the CET  
lower than the CET 
higher than the CET  
not comparable b  774 
5 
729 
22 
18 37.3%  0.36 
 
 
 
2017 
of which:          equal to the CET  
lower than the CET 
higher than the CET  
not comparable b  766 
5 
721 
22 
18 37.2%  0.36 
2018 
of which:          equal to the CET  
lower than the CET 
higher than the CET  
not comparableb  737 
1 
709 
9 
18 36.4%  0.36 
2019 
of which:         lower than the CET 
higher than the CET  
not comparableb  712 
688 
6 
18 35.7%  0.35 
2020 
of which:         lower than the CET 
higher than the CET  188 
187 
1 9.2%  0.09 
2021 
of which:          lower than CET  82 
82 4.9%  0.05 
Note:  Based on HS 2012 nomenclature.  
a Except for Belarus where import coverage is for 2012-2013.  
b Rates are not comparable because of differences in duty type. 
Source:  Armenian authorities, WTO -IDB and WTO -TPR. 
3.15.   Convergence of the exceptions towards the CET is not linear; around 20% of the  tariff is to 
be aligned in one instalment; around 40% is to be aligned in  two instalments; for the reminder , 
convergence is achieved in three or more instalments. In Chart 3. 2, the evolution of Armenia's CET 
exceptions is plotted jointly with its yearly MFN average; it can be seen that by 2019, a significant 
number of tariff lines that were previously MFN duty -free in Armenia have become dutiable, in 
order to progressively reach the CET.  WT/REG363/1  
 
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  Chart 3.2 Armenia: Evolution of CET exceptions and MFN rates, 2015 -2021  
 
Source:  Armenian authorities, WTO -IDB, WTO -TPR. 
3.16.   Chart 3.3  provides details of Armenia's CET exceptions by HS Section for the 2015 -2021 
period.  Applied rates for Armenia  and under the CET are  the same in HS Sections 12  (footwear) , 
19 (arms and ammunition)  and 21  (works of arts)  for both years , and Section  20 (miscellaneous)  
for 2016 . In other Sections, Armenia 's applied rates are lower than those of the CET.  
0510152025
0100200300400500600700
2015 2016 2017 2018 2019 2020 2021MFN (%) Noof lines
ARM MFN, average ARM MFN duty-free, CET exception ARM MFN dutiable, CET exceptionWT/REG363/1  
 
- 16 - 
 
  Chart 3.3 CET and Armenia MFN rates, 2015 -2021, by HS Section  
 
Note:  Averages have been calculated on the b asis of Russian Federation MFN tariffs incorporating 
Armenia's temporary  exceptions. For the calculation of averages, specific rates are excluded and the 
ad valorem  parts of alternate rates are included.  
 Based on the HS 2012 nomenclature.  
Source:  Armenian authorities, WTO -TPR and UNSD, Comtrade databases.  
 
3.17.   Table 3.4 indicates Armenia's average tariffs and imports by HS Section before accession 
and during the transition period . Armenia's average MFN applied rate has increased during this 
period for all HS Sections except 3 (oils and fats) and 12  (footwear) , for which the average MFN 
applied rate was reduced in that period, and 21  (works of arts) , for which the average MFN rate 
has remained duty -free.  
Table 3.4 Armenia : Tariffs before and after accession to the EAEU and corresponding 
imports , by HS section  
HS 
Section  Armenia's average MFN rates (%)  ROW imports US$ 
million (2012 -2014)  2014  2015  2016  2017  2018  2019  2020  2021  
1 9.3 16.8 16.8 16.9 17.0 17.1 17.2 17.8 136.0  
2 7.2 7.6 7.3 7.3 7.1 7.3 7.5 7.6 114.3  
3 9.9 9.1 9.0 9.0 9.0 9.1 9.1 9.1 29.8 
4 8.6 11.6 12.2 11.3 12.2 12.3 12.3 12.3 286.6  
5 0.7 3.9 4.0 4.0 4.0 4.1 4.4 4.4 325.1  
6 0 4.1 4.0 4.0 4.1 4.4 4.8 4.8 309.7  
7 4.4 6.2 5.5 5.5 5.6 5.8 6.0 6.3 149.9  
8 2.7 6.0 5.6 5.6 5.6 5.6 5.7 5.7 12.4 
9 1.6 10.3 8.9 8.9 9.0 9.1 9.3 9.3 63.6 
10 0.8 8.6 7.5 7.5 7.5 7.6 7.7 7.8 67.5 
11 3.9 8.5 7.4 7.3 7.4 7.7 8.0 8.1 155.6  
02468101214161820
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
HS SectionsAverage applied tariff (%)
2015 2016 2017 2018 2019 2020 2021 CET 2015 CET 2016WT/REG363/1  
 
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  HS 
Section  Armenia's average MFN rates (%)  ROW imports US$ 
million (2012 -2014)  2014  2015  2016  2017  2018  2019  2020  2021  
12 10 9.0 8.8 8.7 8.8 8.8 8.8 8.8 30.2 
13 7.6 12.0 11.3 11.3 11.3 11.4 11.5 11.5 79.3 
14 2.9 13.7 11.4 11.4 11.4 11.9 12.4 12.9 251.1  
15 2 7.0 6.5 6.5 6.6 6.7 6.9 6.9 226.0  
16 3.2 3.8 3.3 3.3 3.4 3.4 3.5 3.5 518.7  
17 4.3 6.7 6.4 6.3 6.4 6.4 8.8 8.8 250.9  
18 1.4 5.0 4.5 4.5 4.7 4.7 4.8 4.8 67.5 
19 0 17.8 16.0 16.0 16.0 16.0 16.0 16.0 0.9 
20 9.4 11.9 11.9 11.8 11.9 11.9 11.9 11.9 103.6  
21 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.8 
Note:  For the calculation of averages, specific rates are excluded and the ad valorem  equivalents or 
ad valorem  parts of alternate rates are included.  
 Armenia's MFN rates for 2015 are the Russian Federation MFN rates for 2015 combined with 
Armenia's 2015 Excep tions. For 2016-2021, they are based on the Russian Federation MFN 2016  
and Armeni a's Exceptions for 2016 to 2021.  
 Based on the HS 2012 nomenclature.  
ROW:  Rest of the world . 
Source:  WTO estimates based on the WTO -IDB, WTO -TPR and Armenian authorities.  
 
3.2.1.2   Other tariff -related matters  
3.18.   The Accession Treaty authorizes Armenia  to grant  (Section V of Annex 3 ): 
a. tariff exemptions  (i) in  accordance with  international treaties  concluded prior to 1 
January 2015 (see Table 5.1 ); (ii) in the context of an education pro gramme concluded 
with India; and (iii) in the context of a domestic education programme , which  lasted up 
to 1 January  2018, with the exception of vehicles, bicycles, and water and air transport  
(paragraph 41) ; 
b. tariff exemptions up to 2025 on imports of raw  sugar cane for industrial processing in 
Armenia  (HS 1701.13 and 1701.14) ,15 subject to confirmation by an Armenian 
authorized body that the raw sugar is for industrial processing . Armenia shall inform the 
Commission of the annual import volumes and consumption balance.  Armenia is to 
ensure that neither the imported raw nor the transformed white sugars are subsequently 
exported to other EAEU member States. In no case shall these provisions be used by 
Armenia to restrict sugar imports from other EAEU me mber States (paragraph 42);  
c. tariff exemptions up to 2022, for the following imports (paragraph 44):  
i. goods for military use, provided similar goods are not produced in other EAEU 
member States and subject to the issuance of an e nd-use certificate by Armenia 's 
Ministry of Defence;  
ii. transport equipment used for providing transport services ( helicopters, passenger 
and cargo airplanes). A detailed description of the goods, together with their HS codes 
and other requirements  is also provided; and  
iii. goods used in th e construction, modernization and operation of nuclear power in the 
territory of Armenia, in accordance with the list of such goods under Decision No 9/12 
of the Council of the Eurasian Economic Commission.  
                                                
15 As from accession, Armenia started applying the CET for these items, with specific rates varying from 
140 to 250 US$/metric tonne. Armenia's bound rates for the corresponding HS2007 headings are 10%.  WT/REG363/1  
 
- 18 - 
 
  3.19.   Armenia is to ensure that all goods under 3.18.   above , except  sub-paragraph b., remain in 
its territory, and to take measures ensuring that in case of exportation to other EAEU member 
States, the tariff differential is paid. 
3.2.1.3   Revenue -sharing  
3.20.   The original EAEU revenue -sharing formula16 was modified following Armenia's accession to 
the EAEU, to the following ratio:  1.13% for Armenia , 4.65%  for Belarus, 7.25%  for Kazakhstan 
and 86.97% for the Russian Fe deration: (paragraph 1 to Amendments Protocol to the Accession 
Treaty). Any revenue collected by Armenia is to be distributed on the next business day following 
payment of the import duties.  
3.21.   Following accession of the Kyrgyz Republic to the EAEU , the reven ue-sharing was  again  
modified to the following ratio: 1.11% for Armenia, 4.56% for Belarus, 7.11% for Kazakhstan, 
1.9% for the Kyrgyz Republic and 85.32% for the Russian Federation. This ratio has been applied 
until the end of 2016. In 2017 the formula was  again modified ; as of July 2018,  the ratio applied 
was 1.220% for Armenia, 4.560% for Belarus, 7.055% for Kazakhstan, 1.9% for the Kyrgyz 
Republic and 85.265% for the Russian Federation.  
3.2.2   Non-tariff measures  
3.2.2.1   Tariff rate quotas  
3.22.   Armenia was authorized to apply, up to 1 January 2017, a tariff-rate quota  of 4,000 metric 
tonnes/year for white sugar (HS 1701.99.1001 and 1701.99.1009), with an in -quota rate of 10%, 
subject to the issuance of an import license by an authorized body in Armenia (par agraph 43 of 
Annex 3 to the Accession Treaty).17 
3.2.3   Other export -related measures  
3.23.   The Accession Treaty has no provision regarding other export -related measures; thus, the 
EAEU disciplines apply.  
3.24.   Export duties are not applied on intra -trade ; on trade with third -parties, member States are 
free to unilaterally apply export duties in accordance with their respective domestic legislation and 
international commitments, in particular those under the WTO.  As of April 2018, export duties are 
applied  by all EAEU countries except Armenia.  
3.2.4   Fees and charges  connected with importation and exportation  
3.25.   The Accession Treaty has no provision regarding fees and charges  connected with 
importation and exportation; thus, the EAEU disciplines apply. Goods in intr a-trade  originating 
from the member States are not subject to the payment of fees and charges  connected with 
importation.  
3.2.5   General incidence of the formation of the EAEU  
3.26.   In the context of "[t]he evaluation under paragraph 5(a) of Article XXIV of the general 
incidence of the duties and other regulations of commerce applicable before and after the 
formation of a customs union", paragraph 2 of the Understanding on the Interpretation of 
Article  XXIV of the GATT  1994 directs the Secretariat to calculate "the weighted average tariff 
rates and customs duties collected in accordance with the methodology used in the assessment of 
tariff offers in the Uruguay Round".  
                                                
16 The original EAEU fixed customs revenue sharing , established by Article 26 and Annex 5 of the EAEU 
Treaty , provided for 4.70% for Belarus, 7.33% for K azakhstan and 87.97% for the Russian Federation.  
17 Average imports of HS 1701.99 in 2012 -2014 reached 4,656 tons.  These items are bound in 
Armenia's schedule at 15%. As from Armenia's accession, the CET - 340 US$/ton – was applied for these 
items.  WT/REG363/1  
 
- 19 - 
 
  3.27.   Given the proximity of the establishment of the EAEU and the two successive accessions, 
the Secretariat has calculated the general incidence of the formation of the EAEU, with the four 
member States  which were WTO Members in 2015 but excluding Belarus. This document was 
circulated as WT/REG363/ 2. 
3.3  Rules of origin  
3.28.   The Accession Treaty has no provision regarding rules of origin. Therefore, the disciplines 
are those of the EAEU Treaty.  
3.4  Regulatory provisions on trade in goods  
3.4.1   Standards  
3.29.   Pending full harmonization of EAEU member States technical barriers to trade (TBT), 
conformity assessment procedures and sanitary and phytosanitary measures, three systems 
coexist: a national system, one based on mutu al recognition and finally the EAEU harmonized 
system. The Accession Treaty provides that EAEU disciplines  in this field  apply, as modified by the 
relevant provisions of the Accession Treaty.  In particular, it foresees  transition periods for Armenia 
to app ly certain common EAEU technical regulations . The r elevant disciplines are described in the 
sub-sections below.  
3.4.1.1   Sanitary and phytosanitary measures  
3.30.   Disciplines on sanitary, veterinary and phytosanitary measures are defined in Section VIII of 
Annex 3 to the  Accession Treaty. They do not provide for any transition period; therefore, as of its 
accession, Armenia is to fully apply the EAEU legislation and requirements regarding sanitary, 
veterinary and phytosanitary measures.  
3.31.    Certificates of Conformity shall be issued by bodies authorized to perform such activities 
under Armenia's legislation (paragraph 53). These bodies are included in the Unified Register of 
Certification Bodies and Testing Laboratories . 
3.4.1.2   Technical barriers to trade  
3.32.   The Accession Treaty d isciplines  (Section VII of Annex 3) provide transition periods for 
Armenia to apply  EAEU technical regulations; upon the expiry  of the transition period , products 
destined for the Armenian market will have to carry a label of Eurasian conformity.  
3.33.   A general  transition period of one year – namely, by 2 January 2016 – has been agreed 
upon for Armenia to apply the EAEU disciplines on technical regulations (paragraph 48); longer 
transition periods have however been agreed upon for  some specific cases, as follows :  
a. for machinery and equipment, furniture production and agricultural and forestry tractors 
and their trailers , Armenia had up to 2 January 2017 to comply with technical 
regulations ;  
b. compliance with technical regulations for materials for automotive road construction  has 
been delayed until  2 January 2019; and  
c. the longest transition period (5 years) has been granted for compliance with technical 
regulations applied to wheeled vehicles18 – i.e. by 2 January 2020.  
3.34.   As required by paragraph 49 of Annex 3, the Collegium  of the Commission adopted Decision 
No 28/15 "On the Procedure for the Implementation of Technical Regulations of the Customs Union 
in the Republic of Armenia".19 The implementing Decision provides as follows:  
                                                
18 Techn ical regulations of the Customs Union numbers a. 010/2011, 025/2012 and 031/2012; b. 
014/2011; and c. 018/2011, respectively.  WT/REG363/1  
 
- 20 - 
 
  a. issuance of conformity assessment certif icates in accordance with Armenia's domestic 
legislation is not possible after the expiry of the transition period;  
b. following the expiry of the transition period, production and release of goods for 
circulation  within the customs territory of Armenia  (or their installation in the case of 
"objects and elements of the railway transport infrastructure") based on Armenia's 
requirements are temporarily still possible, as follows:  
i. for goods subject to mandatory conformity, for two years after the end of the  
transition period (i.e. generally 2 January 2018, but later for products listed in 
paragraph 3.33.   above), provided the good is accompanied by a Certificate of 
conformity issued by an authorized Armenian body and carries a label indicating 
Armenian conformity; and  
ii. for goods not subject to m andatory conformity, for one year after the end of the 
transition period;  certificate s or label s of conformity are not required; and  
c. circulation of products within the customs territory of Armenia  benefitting from a longer 
transition period specified in pa ragraph 3.33.   above is allowed during  the lifetime  of the 
product , as provided for in Armenia's domestic legislation.  
3.35.    Armenia's requirements on technical regulations will apply with respect to products 
included in the Unified L ist of products subject to mandatory conformity assessment within the 
EAEU . 
3.36.   During the transition period, both Armenia's and the Customs Union's legislation on 
technical regu lations can be applied for products destined for circulation in Armenia's territory. If a 
good imported into Armenia is to move to other EAEU member States , it shall conform to the EAEU 
technical regulation . 
3.37.   Conformity assessment shall be performed by Armenia's accredited bodies in accordance 
with EAEU legislation. Certificates of Conformity shall be issued by bodies accredited  to perform 
such activities under Armenia's legislation (paragraph 52).20  
3.4.2   Trade defe nce measures  
3.38.   The EAEU's trade defence regime took effect in Armenia on 2 January 2015; the relevant 
existing national legislation lapsed on that date. These changes were notified to the WTO on 29 
December 2014.21 
3.39.   The Accession Treaty provides the following regarding anti-dumping, countervailing and 
safeguard measures (Section VI of Annex 3 to the Accession Treaty, paragraph  47): 
a. for any such measure in force in the EAEU 's territory on the date of Armenia's accession, 
the Department for Internal Market Defenc e of the Commission  (the EAEU investigating 
authority ) may, upon its own initiative or an application by an interested party, carry out 
a review of the investigation by adding Armenia's data to the case, provided there is 
sufficient evidence that this could result in a material change in the grounds for 
introducing the respective measure;  
                                                                                                                                                  
19 In this Factual Presentation, decisions taken by the different bodies will be referenced through Body, 
number and year, as follo ws: Collegium Decision No 28/15, which was adopted on 14 April 2015, 
https://docs.eaeunion.org/docs/ru -ru/0147530/clcd_16042015_28  (in Russian only). A typing error was 
corrected  by the Collegium Decision No 87 of 28 August 2016. This approach is used as a simplification but 
does not represent the official EAEU reference of Decisions. For some of the EAEU Decisions for which only the 
Russian text is available in the EAEU website, the Secretariat has been provided with an unofficial translation of 
the Decision that can be shared with WTO Members upon request.  
20 The EAEU has an Unified Register of Certification Bodies and Testing Laboratories , 
http://www.eurasiancommission.org/en/docs/Pages/IL_OS.aspx , and Unified Registers of Issued Certificates of 
Conformity and of Registered Declarations of Conformity . 
21 G/ADP/N/1/ARM /2 - G/SCM/N/1/ARM /2 - G/SG/N/1/ARM /2. This document , dated May 2016, had 
originally been circulated a year before but incorrectly symbolled.  WT/REG363/1  
 
- 21 - 
 
  b. if the decision to  apply any such measure is taken after Armenia's accession but 
following an investigation conducted prior to its accession, such measure shall be directly 
extended to Armenia; a review may be conducted following  the terms specified above; 
and 
c. if any such m easure involves the application of a quota, its amount shall be modified in 
line with Armenia's 2011 -2013 import volumes from third countries.  
3.40.   Armenia's December 2014 notification also included summary information on trade defence 
measures applied by the E AEU to be  extended to Armenia,  as from its accession to the EAEU. 
Following the completion of the translation of the relevant instruments (in particular Articles 48 -50 
of the EAEU Treaty and the Trade Defence Protocol), Armenia has notified their text in f ull.22 
3.4.2.1   Safeguard measures  
3.41.   Intra-EAEU safeguards are prohibited.  Global safeguards are applied in the entirety of the 
EAEU . Individual EAEU member States are authorized to adopt measures  in cases of critical 
balance of payments conditions in accordance with section VIII  of the "Protocol on Measures for 
Non-tariff Regulation with regard to Third Countries" (Annex 7 to the EAEU Treaty).  
3.42.   Prior to its accession to the EAEU, Armenia had no safeguard measures in force.  
3.43.   At the date of accession of Armenia to the EA EU, the EAEU  applied two global safeguard 
measures, as indicated in Table 3.5. Following a Decision of the Collegium  of the Commission,23 
the quota  on harvesters and modules was adjusted to take into account  Armenia . As regards 
tableware, the safeguard duty was also app lied by Armenia.  The application of these safeguards 
was notified to the WTO  prior to their imposition .24 The notification indicated Armenia's and EAEU's 
readiness to hold consultations with Members having a substantial interest as exporters of the 
product concerned, and include d references to relevant documentation, among which the  public 
notice and the investigation report .  
Table 3.5 Definitive Safeguard Measures applied by the EAEU and extended to Armenia 
on 2 January 2015  
Investigation  Effective date and type of definitive measure  
EAEU  Armenia  
Harvesters and modules thereof  01/01/2014 until 21/08/2016  
Quota  02/01/2015 until 21/08/2016,  
Quota, in addition to that of the EAEU  
Tableware  29/09/2013  until 28/09/2016   
Specific duty  As of 02/01/2015  until 28/09/2016  
Specific duty, as applied by the EAEU  
Source:  G/SG/N/6/ARM/1, G/SG/N/8/ARM/1, G/SG/N/10/ARM/1, G/SG/N/11/ARM/1; and G/SG/N/6/ARM/2, 
G/SG/N/8/ARM/2, G/SG/N/10/ARM/2, G/SG/N/11/ARM/2.  
 
3.44.   Armenia had no  Special Safeguard s in Agriculture  at the time of its accession to the EAEU . 
3.4.2.2   Anti-dumping and countervailing measures  
3.45.   While neither anti -dumping nor c ountervailing measures can be applied on intra -trade , 
"compensatory measures" may be applied in certain instances by a member State to counteract 
the negative impact of a specific subsidy of a member State on its domestic industry ( Article 93 of 
the EAEU T reaty and Annex 2 8).  
                                                
22 G/ADP/N/1/ARM /3 - G/SCM/N/1/ARM /3 - G/SG/N/1/ARM /3. 
23 Collegium Decision No 230 of 9 December 2014 "On certain issu es of application of safeguards and 
anti-dumping measures in connection with the accession of the Republic of Armenia to the Treaty on the 
Eurasian Economic Union dated May 29, 2014",  
 https://docs.eaeunion.org/docs/ru -ru/0144299/clcd_12122014_230  (in Russian only).  
24 G/SG/N/ 6/ARM/1 , G/SG/N/ 8/ARM/1 , G/SG/N/ 10/ARM/1 , G/SG/N/ 11/ARM/1 ; and G/SG/N/ 6/ARM/ 2, 
G/SG/N/ 8/ARM/ 2, G/SG/N/ 10/ARM/ 2, G/SG/N/ 11/ARM/ 2. WT/REG363/1  
 
- 22 - 
 
  3.46.   Prior to its accession to the EAEU, Armenia had neither anti -dumping25 nor countervailing 
measures in force.  At that time, the EAEU also did not apply countervailing measures.  
3.47.   At the entry into force of the EAEU, the Union applied ten  anti-dumping measures , as 
indicated in  Table 3.6 below . Following a Decision of the Collegium  of the Commission, these anti -
dumping duties were extended to Armenia.  Their application was duly notified to the WTO.26  
Table 3.6 Definitive Anti -dumping measures applied by the EAEU and extended to 
Armenia on 2 January 2015  
Country Affected  Product  Measure  
Measures in force on 31 December 2014  
China   Cold-rolled flat steel products with polymer coating  Duties  
Cold-worked seamless pipes and tubes of stainless steel  Duties  
Enamelled baths of cast iron  Duties  
Rolling -element bearings (excl. needle roller bearings)  Duties  
Germany  Light commercial vehicles  Duties  
India Graphite electrodes  Duties  
Italy Light commercial vehicles  Duties  
Turkey  Light commercial vehicles  Duties  
Ukraine   Certain steel pipes and tubes  Duties  
Forged work -rolls Duties  
Source:  G/ADP/N/1/ARM/2 and G/ADP/N/272/ARM.  
 
3.48.   Following Armenia's accession, conduct of anti -dumping and countervailing duty 
investigation s and application of anti -dumping and countervailing measures pertain to the 
competence of the EAEU.  
3.4.3   Subsidies and State -aid 
3.49.   The EAEU Treaty includes  disciplines regarding subsidies,  in the indus trial (Section XXIV, 
Article 93 of the EAEU Treaty and its Annex 28, the "Protocol on Common Rules for Granting 
Industrial Subsidies") and agricultural sectors (Section XXV, Article 95 of the EAEU Treaty and its 
Annex 29, the " Protocol on Measures of State  Support to Agriculture" ). These will also apply to 
Armenia, as specified in the Accession Treaty.27  
3.50.   The EAEU Treaty authorizes temporary exemptions  from the EAEU's  disciplines  on industrial 
subsidies. In the case of Armenia, customs duties and tax exempti ons applied in FEZs and free 
warehouses were authorized up to 1 January 2017 (paragraph 5 of Amendments Protocol to the 
Accession Treaty , which updates the Appendix to EAEU's Annex 28 ).  
3.4.4   Customs -related procedures  
3.51.   The EAEU Customs Code entered into force on 1 January 2018; pending its entry into force, 
the Customs Code of the CU was applied. Domestic customs regulations remain in force to the 
extent that they do not conflict with the EAEU  Customs Code.  As of July 20 18, Armenia was 
finalizing a draft law on customs regulation  that takes into account  the EAEU Customs Code 
requirements . 
3.52.   Section III of Annex 3 to the Accession Treaty on "Matters of Legal Relations in Customs" 
provides disciplines on the following : 
a. for persons carrying out activities in the customs sphere and other persons  in Armenia, a 
transition period is granted ( in general six months for customs forwarders and 
                                                
25 See G/ADP/N/ 265/Add.1/Rev.1.  
26 G/ADP/N/1/ARM /2 and G/ADP/N/272/ARM.  
27 Additional information can be found in Sections 3.4.4 and 3.5 of WT/REG358/1.  WT/REG363/1  
 
- 23 - 
 
  authorized economic operators  and 18 months for customs representatives and owners 
of custo ms warehouses or  temporary storage warehouses ) for aligning Armenia's 
national regulations to th ose of the EAEU . As of July 2018, this transition period had 
lapsed ; 
b. customs operations to be carried out on goods which, at the date of entry into force of 
the Accession Treaty, were either under customs control in Armenia or located in the 
EAEU territory under temporary storage;  
c. transportation of goods for which, at the date of entry into force of the Accession Treaty, 
a transit declaration (or equivalent) had been issued by Armenia or which were under 
customs control;  
d. adapting the customs regimes of  goods that were in Armenia to the EAEU regime28 and 
subjecting them to the appropriate EAEU customs law ; particular disciplines apply to  
vehicles imported from third  parties and to duty-free shops . Vehicles under  HS 8702 -
8704 imported into Armenia from third -parties with a tariff lower than the EAEU CET,29 
and classified as "importation for free circulation" or "release for domestic consumption", 
will not be allowed  free circulation within the EAEU until such time as either (i) the  tariff 
differential is paid upon re -exportation to another EAEU member State; or (b) three 
years after Armenia's CET exceptions for these goods have been terminated – i.e. by 
2023, since Arme nia will apply the CET for HS 8702 -8704 as of January 2020 (paragraph 
13 of Annex 3) ; 
e. procedures for vehicles providing  international transportation for passengers and/or 
goods  at the date of entry into force of the Accession Treaty  (paragraphs 28 and 29 o f 
Annex 3) ; and  
f. for automobiles for personal use registered in Armenia ( under HS 8702, 8703, 8704 .21, 
and 8704 .31) and in transit/movement within the EAEU customs territory, where the 
payment of any differences in customs duty and tax rates in force in Armenia and in the 
other EAEU member States is due, or conversely waived.30 It is further specified that 
customs dut ies and tax es applied  on personal -use automobiles imported from third 
parties  since the existence of the  CU will only apply to imports into A rmenia once the 
CET rates are in force, as of January 2020. As under d. above, free circulation within the 
EAEU is only possible either following the payment of the tariff differential or after 2023; 
however, any such payment is not due in case of cars reg istered in Armenia which are 
temporarily imported into other EAEU member States by permanent residents of the 
former. Their sale, transfer for use and disposition in the territories of other EAEU 
member States is allowed only after filing a customs declara tion and payment of tariff 
differentials, as previously indicated. Armenian c ustoms bodies are to inform the ir EAEU 
counterparts about automobiles imported and released for free circulation after the 
signature of the Accession Treaty, as well as about the amount of customs duties and 
taxes pai d (paragraphs 30 -37 of Annex 3).  
4  PROVISIONS ON TRADE IN SERVICES  AND INVESTMENT  
4.1.  The EAEU aims at progressively achieving a single services market between its member 
States. The m ember States maintain their autonomy on trade in services and investment with 
third parties.   
4.2.  Following its accession to the EAEU, Armenia started applying EAEU disciplines on trade in 
services and investment, as provided for in EAEU Treaty and EAEU Decisions, as amended by 
relevant provisions o f Annexes 2 and 3 of the Treaty of Accession. Further, certain transport 
services disciplines , as applied to Armenia,  are included in paragraph 4 of the Kyrgyz Republic's 
Protocol on Amendments to the EAEU.  
                                                
28 E.g. "importation for free circulation" in Armenia becomes "release for domestic consumption" in 
EAEU.  
29 If the tariff rate s paid in Armenia were the same as the EAEU CET, these provisions do not apply.  
30 This system is in general needed to avoid trade deflection, since Armenia's MFN rates on these 
products are lower than those of the CET.  WT/REG363/1  
 
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  4.3.  This Section describes the provisions contained in the Accession Treaty . For a detailed 
description of the trade in services and investment disciplines  of the EAEU , see  its Factual 
Presentation (WT/REG 358/1) .  
4.1  Scope and definitions  
4.4.  The Accession Treaty has no provision regarding these elements ; thus, th e EAEU disciplines 
apply.  
4.2  Denial of benefits  
4.5.  The Accession Treaty has no provision regarding denial of ben efits; thus, the EAEU disciplines 
apply.  
4.3  General provisions on trade in services and investment  
4.6.  The following provide s a summary of the EAEU's  trade in services and investments 
disciplines : 
a. the "Protocol on Trade in Services, Establishment, Activities and Investments" (Annex 16 
to the Treaty, hereafter the "Services and Investment Protocol") provide s the EAEU's 
overall disciplines, with some services s ectors being however regulated separately – e.g. 
financial services disciplines are spelled out in the EA EU's "Protocol of Financial Services" 
(Annex 17).  
b. disciplines apply to all four GATS modes of supply;  and 
c. intra-EAEU trade liberalization based on a three -pronged approach  (see section 4. 4) - 
namely a positive list of sectors/sub -sectors under a single market; a negative list of 
non-conforming measures  (the "Schedules of Additional Limitations") ; and plans for their 
remov al, including the procedures and stages of single market formation within the 
sectors in question ; and  
d. as it is the case with all EAEU m ember States , Armenia 's Schedule of Horizontal 
Limitations  apply in all instances .  
4.3.1   Market access  
4.7.  The Accession Treaty has no provision regarding market access ; thus, t he EAEU disciplines 
apply. Market access restrictions not authorized under the EAEU Treaty may b e applied by Armenia  
on the condition that they are listed in its Schedule of Additional Limitations or of Horizontal 
Limitations.  
4.3.2   National and MFN treatment  
4.8.  The Accession Treaty has no provision regarding national and MFN treatment ; thus, t he EAEU 
disciplines apply.  Armenia may apply n ational treatment and MFN exceptions, provided they are 
listed in its Schedu le of Additional Limitations or of Horizontal Limitations . 
4.3.3   Commercial presence  
4.9.   The Accession Treaty has no provision on commercial presence ; thus, t he EAEU disciplines 
apply. E xceptions  to these disciplines  may be applied  provided they are listed in Armen ia's 
Schedule of Additional Limitations or of Horizontal Limitations . 
4.3.4   Movement of natural persons  
4.10.   The EAEU disciplines  - free movement of personnel (mode 4) , subject to member States' 
Schedules of Additional Limitations or of Horizontal Limitations and to disciplines in Section XXVI of WT/REG363/1  
 
- 25 - 
 
  the EAEU Treaty on "Labour Migration"  - apply to Armenia. Armenia's m ode 4 commitments and 
limitations are addressed in Section 4.4.1.  
4.3.5   Performance requirements  
4.11.   The Accession Treaty has no provision on performance requirements; thus, t he EAEU 
disciplines apply. E xceptions to these disciplines  may be applied provided they are listed in 
Armenia's  Schedule of Additional Limitations or of Horizontal Limitations . 
4.3.6   State enterprises and monopolies  
4.12.    Section XII of Annex 3 t o the Accession Treaty state s that the EAEU 's natural monopolies 
disciplines (Article 78 of the EAEU Treaty and its Protocol 20  on the Common Principles and Rules 
of Regulating the Activities of Natural Monopoly Entities ) apply to relations between  Armenia 's 
natural monopol ies, consumers and bodies at all level s of government to the extent that they 
affect trade between EAEU member States.  
4.13.   Armenia's natural monopolies are those public services defined as such in its domestic  
legislation  (paragraph 4 of Ann ex 2 of the Accession Treaty ): 
a. electricity transmission and  electricity system operator  services and services ensuring 
use of the railway infrastructure ( included in Appendix 1  to Protocol 20 ); and  
b. transportation and distribution of natural gas  services , gas supply system operator  
services , non -competitive water supply services and sewerage, electricity distribution 
services and clearing centre services  (included in Appendix 2 to Protocol 20) . 
4.4  Liberalization commitments and the Single Market  
4.14.   A standstill clause is included in Article 66 of the Treaty, whereby member States agree not 
to adopt new discriminatory measures  in relation to trade in services, establishment and activities  
from the date of entry into force of the Treaty. The standstill disciplines do not apply to national 
treatment for  other forms of  investment (paragraph 73 of the Services and Investment Protocol).31 
As applied to Armenia, t he restrictive measures in force as of 10 October  2014 are therefore 
bound. However, new restrictive measures may be adopted in certain specific sectors if the 
Schedules of Additional Limitations provide for the possibility of future restrictive measures being 
taken; these exist for the three EAEU member States and for Armenia for a limited number of 
sectors.32  
4.15.   A single market in a given services sector encompasses  the following among EAEU service 
suppliers (paragraph 38 of the Services and Investment Protocol):  
a. national and MFN treatment, as well as a prohibition on market access restrictions and 
performance req uirements;  
b. supply of services without requiring the establishment of a legal entity;  
c. authorization to supply services on the basis of mutual recognition of permits;  
d. recognition of the professional qualifications of its personnel; but  
e. these remain subject  to national Schedules of Horizontal Limitations.  
Thus, in general terms, s ingle market treatment implies significantly greater  liberalization as 
compared to treatment provided to service suppliers in accordance with commitments generally 
undertaken withi n the WTO.  
 
                                                
31 These provisions do not apply to es tablishment.  
32 Limitations 6 -7 and 9 for Armenia; and limitations 27 and 28 for Belarus; 7, 25 -26, 28 -30 for 
Kazakhstan; 5 -6, 31-35 for the Russian Federation.  WT/REG363/1  
 
- 26 - 
 
  4.16.   Armenia's integration into intra -EAEU trade services and investment liberalization is mainly 
defined through the following : 
a. Armenia's Schedule of Horizontal Limitations, included in paragraph 2 of Annex 2 to the 
Accession Treaty, applies across -the-board;  
b. Armenia's Schedule of Additional Limitations (in accordance with paragraphs 56 -57 of 
Annex 3 to the Accession Treaty) is provided for in the Supreme Council Decision No 18 
"On Amending the Decision of 23 December 2014 No 112"  of 8 May 2015;33 
c. as of 12 May 2015, Armenia joined the single market for 43 services sectors/sub -sectors 
which were in operation as from EAEU's entry into force (Supreme Council Decision No 
17/15 , in accordance with paragraph 58 of Annex 3 to the Accession Treaty ), as 
follows:34 
i. in 23 services sectors, a single services market is in force in all EAEU member States 
(e.g. services related to agriculture, rental services of machinery and equipment 
without  operators , consulting services in management, software development 
services);  
ii. in six services sectors, a single services market is in force between Belarus and the 
Russian Federation as of 1 January 2015 and Armenia as of 12 May 2015, (including 
services in wholesale and retail trade, franchising services, hotel and caterin g 
services). For Kazakhstan, th e single market  entered into force on 1 January 2016;  
iii. in six services sectors, a single services market is in place only between  Belarus and 
the Russian Federation as of 1 January 2015 and also Armenia as of 12 May 2015 
(all corresponding to auxiliary transport services); and  
iv. in eight services sectors, a single services market is in force between Belarus and the 
Russian Federation as of 1 January 2015 and Armenia as of 12 May 2015 (e.g. 
construction and engineering services).  For Kazakhstan, the single market  will enter 
into force in 2024, in accordance with the transition periods provided for under the 
liberalization plans.  
d. its inclusion in the single market for services for 21 services sectors/sub -sectors 
established within a transition period , as agreed in Supreme Council Decision No 30/1535 
(in accordance with paragraph 59 of Annex 3 to the Accession Treaty), subject to 
exem ptions in national  Schedule s of Horizontal Limitations . The transition period, plan 
and schedule for the formation of a single market for 20 - out of 21 - services 
sectors/sub -sectors are specified in the Supreme Council's Decisions Nos 22/16 and 
23/16;36 
e. for those sectors in which  the single services market is not in operation, both national 
and MFN treat ment apply. Besides, quantitative and investment restrictions cannot be 
applied ; and   
f. the creation of single markets for financial , transport and energy  services  is regulated by 
other plans stipulated in related Sections of the EAEU Treaty  (see Section 4.6 ). 
                                                
33 https://docs.eaeu nion.org/docs/en -us/0147687/scd_12052015_18  (in Russian).  
34 Decision "On Amending the List of Services Sectors (Subsectors) of Services, in which a Single Market 
of Services is Functioning within the Framework of the Eurasian Economic Union",  
https://docs.eaeunion.org/docs/ru -ru/0147685/scd_12052015_17  (in Russian).  
35 Decision No 30/15 " On the approval of the list of sectors (sub -sectors) of services upon which the 
formation of a single services market within the framework of the Eurasian Economic Union will be carried out 
in accordance with the plans of liberalization (during the transitional period)"  of 16 October 2015 , 
https://docs.eaeunion.org/docs/ru -ru/0138767/scd_19102015_30  (in Russian).  This Decision applied to all of 
the five EAEU member States.  
36 Decisions "On the approval of liberalization plans for service sectors, specified in the Decision of  the 
Supreme Council of October 16, 2015, No. 30", https://docs.eaeunion.org/docs/ru -
ru/01315046/scd_11042017_22  and https://docs.eaeunion.org/docs/ru -ru/01315047/scd_11042017_23  (in 
Russian).  WT/REG363/1  
 
- 27 - 
 
  4.17.   The sub -sections below provide an overview of the services liberalization commitments 
under the EAEU. They identify the main differences, by sector, between Armenia's respective GATS 
schedules and the EAEU sector -specific commitments. The tables disrega rd MFN and horizontal 
limitations, as well as M ode 4 commitments/limitations. S ectors and sub -sectors for which the 
operation of a single market is foreseen, as well as their date of their entry into force in 
accordance with liberalization plans and the Su preme Council Decisions, are presented in Annex 4.  
4.4.1   Armenia  
4.4.1.1   Horizontal reservations  
4.18.   Under the GATS, Armenia has scheduled three horizontal limitations – namely  national 
treatment limitations on all modes of supply for subsidies and on modes 3 -4 for land ownership; 
and market access limitations for movement of natural persons, lifted under certain 
circumstances.37 Under the EAEU, the mode 4 limitation has been lifted while other limitations 
remain in application. Armenia's List of Horizontal Limitations  introduces two new national 
treatment reservations  on modes 3 -4 – for activities related to the use of mineral resources  and to 
mapping, geodesy, record keeping and land development.38  
4.19.   Under the GATS, Armenia has scheduled MFN exemptions for existing bila teral agreements 
for freight and passenger road transport services,39 as well as for existing or future 
bilateral/multilateral agreements with European countries on audiovisual services relating to the 
production and distribution of motion picture and telev ision programmes. Under the EAEU, MFN 
exemptions are granted to audiovisual services  and reserved for financial services, natural 
monopolies, energy  and transport ; some of these are however lifted in accordance with the 
liberalization plans for the creatio n of single service markets.  
4.4.1.2   Sectoral commitments  
4.20.   In its GATS schedule, Armenia made specific commitments in all services sectors; compared 
to it, Armenia's liberalization under the EAEU goes further - in particular with a single market 
operating in variou s sub -sectors and full liberalization in others.  
4.21.   Table 4.1 summarizes Armenia's services commitments under the EAEU in comparison with 
its GATS commit ments , excluding mode 4 and horizontal limitations . Add itional details can be 
found in Annex 4 and the Decisions themselves. The column relating to liberalization under the 
EAEU indicates whether a single market is/will be in operation, as well as the exte nt of 
liberalization in sectors not covered by the single market.  
4.22.   Armenia's Schedule of Additional Limitations require s, for any type of activity that requires 
licensing, that services suppliers from other Member States establish a legal entity in its ter ritory; 
in addition national treatment and market access limitations may apply.40 These limitations are  to 
be lifted when a single market is/will be in force; if that is not the case , Armenia  will limit access 
from other EAEU Member States and this will be reflected in the table below and referred to in the 
relevant paragraphs.  
                                                
37 For a period up to three years  as regards  intra-corporate as well as  suppliers of business service s; 
and for a period up to three months  as regards business visitors. The initial period of local presence can be 
renewed for successive periods.  
38 Similar to those under the GATS are the horizontal reservations on subsidies and land ownership, 
whereby t he term of lease of land plots under s tate and/or municipal ownership  cannot exceed 99 years with 
the exception of agricultural land plots, for which the term of lease cannot exceed 25 years.  
39 Other EAEU members States, with the exception of Kazakhstan, were also parties to these 
agreements.  
40 Limitation 2 of the Schedule. More information on activities requiring licensing is available at Law of 
the Republic of Armenia N° 3P -193 "On Licensing" as of 30 May 2001.  WT/REG363/1  
 
- 28 - 
 
  Table 4.1 Armenia: Comparison between the GATS and EAEU liberalization commitments 
(excluding mode 4 and horizontal limitations)  
Sectors and Sub -sectors  GATS  Compared 
to the 
GATS  EAEU - Accession of Armenia  
1. Business Services       
A. Professional Services  Partial  Improved  SM (2015;2022)/Partial  
B. Computer and Related Services  Partial  Improved  SM* (2015)/Full  
C. Research and Development Services  Full Improved  SM* (2020)/Full  
D. Real Estate Services  Partial  Improved  SM (2020)  
E. Rental/Leasing Services without Operators  Partial  Improved  SM*(2015;2019)/Full  
F. Other Business Services  Partial  Improved  SM*(2015;2019)/Partial  
2. Communication Services       
A. Postal Services  --- New Full 
B. Courier Services  Full Similar  Full 
C. Telecommunication Services  Partial  Similar  Partial  
D. Audiovisual Services  Partial  Improved  SM* (2015;2019)/Partial  
E. Other  --- Similar  Full 
3. Construction and Related Engineering 
Services       
A. General Construction Work for Building  Partial  Improved  SM* (2015)/Partial  
B. General Construction work for Civil 
Engineering  Partial  Improved  SM (2015;2021)  
C. Installation and Assembly Work  Partial  Improved  SM* (2015)/Full  
D. Building Completion and Finishing Work  Partial  Improved  SM* (2015)/Full  
E. Other  --- New SM* (2015)/Full  
4. Distribution Services       
A. Commission Agents' Services  Full Improved  SM (2015)  
B. Wholesale Trade Services  Full Improved  SM* (2015)  
C. Retailing Services  Full Improved  SM* (2015)  
D. Franchising  Full Improved  SM (2015)  
E. Other  --- New Full 
5. Educational Services       
A. Primary Education Services  --- New Partial  
B. Secondary Education Services  --- New Partial  
C. Higher Education Services  Full Similar  Partial  
D. Adult Education  Full Similar  Full 
E. Other Education Services  --- New Full 
6. Environmental Services       
A. Sewage Services  Partial  Similar  Partial  
B. Refuse Disposal Services  Partial  Similar  Partial  
C. Sanitation and Similar Services  Partial  Similar  Partial  
D. Other  Partial  Improved  Full 
7. Financial Services       
A. All Insurance and Insurance -related 
Services  Partial  Improved  SM (2025)  
B. Banking and Other Financial Services 
(excluding insurance)  Partial  Improved  SM (2025)  
C. Other  ---  Improved  Full 
8. Health Related and Social Services       
A. Hospital Services  Partial  Similar  Partial  
B. Other Human Health Services  Partial  Similar  Partial  
C. Social Services  --- New Full 
D. Other  --- New Full 
9. Tourism and Travel Related Services       
A. Hotels and Restaurants (including 
catering)  Partial  Improved  SM (2015)  
B. Travel Agencies and Tour Operators 
Services  Full Improved  SM (2019)  
C. Tourist Guides Services  Full Similar  Full 
D. Other  --- New Full WT/REG363/1  
 
- 29 - 
 
  Sectors and Sub -sectors  GATS  Compared 
to the 
GATS  EAEU - Accession of Armenia  
10. Recreational, Cultural and Sporting 
Services       
A. Entertainment Services (including theatre, 
live bands and circus services)  Full Improved  SM (2015)  
B. News Agency Services  --- New Full 
C. Libraries, archives, museums and other 
cultural services  --- New Full 
D. Sporting and Other Recreational Services  Full Improved  SM* (2015)/Partial  
E. Other  --- New Full 
11. Transport Services       
A. Maritime Transport Services  --- New SM (2025)  
B. Internal Waterways Transport  --- New Full 
C. Air Transport Services  Partial  Similar  Partial  
D. Space Transport  --- New Full 
E. Rail Transport Services  Partial  Improved  SM (2025)  
F. Road Transport Services  Partial  Improved  SM (2025)  
G. Pipeline Transport  --- Similar  --- 
H. Services Auxiliary  to All Modes of 
Transport  Partial  Improved  SM (2015;2025)  
I. Other Transport Services  --- New Full 
12. Other Services not Included 
Elsewhere    New Full 
General Note:  MFN and Horizontal limitations, as well as Mode 4 commitments/limitations not 
considered. Under the EAEU, services are classified according to CPC (based on Version 1) 
which was further transferred into CPC Provisional and MTN.GNS/W/120 using the UN 
refere nce table available at: 
https://unstats.un.org/unsd/publication/SeriesM/SeriesM_77ver1_1E.pdf  
a The years in brackets indicate the starting year (any time in the year) of  the functioning of a single 
services market in a specific sector/sub -sector; two years indicate that the sub -sectors involved 
have different final liberalization deadlines.  
SM: Single services market in operation.  
SM*: Single services market in operation in at least one of the sub -sectors.  
Full:  For sub -sectors where no SM is in operation, the specific commitments are not subject to 
limitation(s) under any of the three modes.  
Improved:  Overall improved commitments made under the EAEU compared to those un der the GATS.  
New:  New commitments under the EAEU (full or partial, with or without limitations) which can be seen 
as "improved".  
Partial:  For sub -sectors where no SM is in operation, the specific commitments are subject to some 
limitation(s) under any of the three modes.  
---:  For GATS - no commitments, for EAEU - no project/liberalization plan is in place as of July 2018.  
Similar:  Similar commitments (EAEU vs GATS); though possibly, in individual cases, with limited 
improvements and/or limited additio nal reservations.  
Source:  WTO document WT/ACC/ARM/23/Add.2, 6 December 2002; Decisions of the Supreme Council Nos 
110/14, 111/14, 112/14, 17/15, 18/15, 30/15, 31/15, 22/16 and 23/16; Supplement 2 to the 
Treaty on Accession of Armenia to the EAEU.  
 
4.23.   The foll owing sectors/sub -sectors, for which there are no GATS commitments , have been 
fully liberalized under the EAEU, inter alia : rental and leasing services without operators relating to 
ships and aircraft, services incidental to fishing, packaging, printing an d publishing services, postal 
and courier services, social, tourist guide, and "other services" under professional, research and 
development, communication, distribution, tourism and travel related services  and recreational, 
cultural and sporting services.   
4.24.   Business services liberalization has been largely improved as compared to that under the 
GATS, particularly with full liberalization of mode 4. Beyond that, in respect of some sectors/sub -
sectors in professional, computer and related and rental/leasing s ervices without operators – e.g. WT/REG363/1  
 
- 30 - 
 
  taxation, software implementation and data base services - Armenia joined the single market in 
2015. For other sub -sectors, inter alia,  accounting and auditing (book-keeping  remains restricted 
to nationals in accordance with a horizontal reservation)  and real estate, for which there are only 
partial commit ments  under the GATS, a single market will be in operation during the 2019 -2022 
period. In 2015, Armenia joined the single  market in engineering and urban planning services; 
while for services pertaining to hazardous, technically complex and heritage objects41 it will be 
established by 2021. Under other business services, new sub -sectors as compared to the GATS 
have been sched uled, including services incidental to agriculture, hunting and forestry; placement 
and supply services of personnel; building -cleaning and photographic services, for which a single 
market was established in 2015. The supply of auditing, medical and veteri nary services, real 
estate  and site and cadastre mapping remains subject to licences . Geodesy and mapping  are 
restricted to nationals (horizontal limitations) . Legal services remain subject to various nationality 
requirements, mode 4 reservations and licen sing requirements.  
4.25.   Under communications services, Armenia has undertaken new commitments in postal 
services, which have been fully liberalised. In telecommunication services , partially liberalized 
under the GATS , various activities require obtaining a lic ence (as it is also the case under the 
GATS) ; however, all GATS mode 4 limitations have been lifted . Liberalization in audiovisual 
services has been improved due to the establishment of a single services market in sound 
recording as of 2015, and in motion picture projection services as well as production and 
distribution of films and videos as of 2019. However , and like the GATS , Armenia has reserved the 
right to apply non -conforming MFN measures  in relation to audiovisual  works and their suppliers. 
Further, non -conforming MFN and market access measures may apply with respect to foreign 
equity limitations  (less than 50%)  in TV and radio companies. Finally,  also on audivisual  services , 
for which  a single market is not in ope ration, selected activities require licensing.   
4.26.   Commitments on construction and related engineering services, only partially liberalised 
under the GATS, have been improved with single market liberalization as of 2015, except for 
hazardous, complex and heri tage objects  - for which a single market will be in place for civil 
engineering services  by 2021. In some urban construction sub -sectors, where a single market is 
not in operation, licence requirements apply. 
4.27.   Under distribution services, Armenia joined a s ingle market in commission agents' and 
franchising services, as well as in some sub -sectors in wholesale and retail trade services – though 
for the latter two, the sale of certain products (see footnote c of the Table Annex 4; these include 
weapons, milita ry equipment, explosives, precious metals and stones, pharmaceuticals, alcohol 
and alcohol -containing products, etc.) remain s restricted in accordance with its list of limitations.  
Energy distribution remains subject to licences.   
4.28.   Commitments regarding edu cational services have been generally improved. Under the 
EAEU, Armenia extended its GATS commitments to also include primary and secondary education. 
These sectors as well as higher education have been fully liberalized except for a requirement to 
obtain a licence  - as it is also the case under the GATS  for higher education and adult education 
services . Mode 4 is fully liberalized throughout the sector, while under the GATS it was unbound. 
4.29.   On environmental services, as is the case under the GATS, three out of four sub -sectors 
remain restricted in relation to nuclear power and radioactive waste management  – in particular 
through licensing requirements. Armenia has also reserved the right to apply national treatment 
and market access limitations in r elation to it. 
4.30.   In accordance with the EAEU disciplines, the single market for financial services will be 
operational by 2025 ; therefore, EAEU financial services suppliers will gradually benefit from an 
improved, more liberalised situation as compared to th ose from other WTO Members  (see 
Section  4.6.1).  
4.31.   As regards health related and social services, Armenia's GATS commitments only apply for 
hospital and other human health services, which are partially liberalised. Under the EAEU, its 
commitments have been i mproved by fully liberalising social and other services. Sectoral 
liberalization remains subject to licence requirement s for any type of medical activity.  
                                                
41 See footnotes to the Table A4.1 in Annex 4 for a complete list.  WT/REG363/1  
 
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  4.32.   Armenia's commitments on tourism and travel related services have been generally 
improved  vis-à-vis its GATS commitments. In particular, it joined the single market in hotels and 
restaurants in 2015 , while for travel agencies and tour operator services a single market will start 
operating in 2019.  
4.33.   Compared to the GATS, liberalization in recreational, cultural and sporting services is 
improved. A single services market is in place for entertainment services and the organization of 
sporting and other recreational activities – excluding gambling – as of 2015. Beyond a requirement 
to obtain a licence, gambling related services are fully liberalised.  
4.34.   Commitments on transport services have been largely improved under the EAEU. In 2015, 
Armenia joined the single market in, inter alia , cargo handling, stora ge and warehouse and freight 
transport agency services. Licensing is required in air and railroad transport. A coordinated 
transport policy, conducted under the EAEU, aims to eliminate existing barriers and establish a 
single services market in maritime, r ail, road, and auxiliary services by 2025 (see Section 4. 6.3). 
4.35.    Investment in energy and certain environmental services is limited by various restrictions 
including by reserving the right to apply any non -conforming measure vis-à-vis mineral resources 
use; nuclear energy and handling of radioactive waste.  
4.5  Regulatory provisions  
4.36.   The Accession Treaty has no regulatory provisions in terms of domestic regulation, 
recognition, subsidies and safeguards ; thus, t he EAEU disciplines apply.  In particular, they state 
that when a single services market is functioning in a specific sector, each member State shall:  
a. provide persons of any other member State the right to supply services and accordingly 
grant service suppliers a permit to do so; and  
b. recognize the professional qualifications of the services suppliers.  
4.6  Sector specific provisions on trade in services  
4.6.1   Financial services  
4.37.   The EAEU disciplines on financial services apply to Armenia. I n accordance with the 
provisions of Annex 17 of the EAEU Treaty  - the "Protocol of Financial Services"  - Armenia has 
listed a number of limitations to financial services in paragraph 3 to Annex 2 to the Accession 
Treaty . These limitations apply in respect of :  
a. commitments in non -life insurance; re -insurance; sup ply and processing of financial 
data; and consulting and other auxiliary services. These were added to Supplement 1 of 
the EAEU's Protocol of Financial Services; and  
b. establishment in respect of all other types of financial services. These were added to 
Supplement 2 of the EAEU's Protocol of Financial Services.  
4.38.    As indicated in 4.30.    above , a single market for financial services is foreseen by 20 25; in 
all EAEU member States including Armenia, work is being carried out to gradually reduce financial 
services limitations as well as to coordinate member States' policy for financial markets . 
4.6.2   Electricity services  
4.39.   The EAEU aims at establishing a common electric power market (CEPM); its  initial phase 
was concluded with the adoption of the Supreme Council Decision No 12/15 "On Concept of 
forming the common electric power market of the EAEU". Since that time, work has continued and 
it has been agreed that t he CEPM will be implemented using the existing trading platforms of its 
members  (instead of providing for the creation of a new one).  WT/REG363/1  
 
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  4.6.3   Rail t ransport services  
4.40.   Section XXI of the EAEU Treaty , which also appl ies to Armenia,  regulates transport services 
and applies to road, air, maritime and rail transport, taking into account the provisions of Sections 
XVIII (General Principles and Rules of Competition) and XIX (Natural Monopolies). Section XXI is 
complemented by the Protocol on the Coordinated Transport  Policy of the member States (Annex 
24). The EAEU Treaty sets the objective of the creation of a common transport area within the 
EAEU, through the conclusion of international treaties between the EAEU member States .  
4.41.   Railway transport services are regulat ed in paragraphs 18 -19 of Annex 24 and its 
Supplement 2. The latter contains further rules on access to rail transport and on tariff policies, 
while its two appendices provide rules requiring member States to ensure access , for carriers from 
other member S tates,  to infrastructure services of rail transport (Appendix 1) and to the provision 
of infrastructure services for rail transport  (Appendix 2). Following its accession, Armenia has 
listed the provision of infrastructure and performance of necessary works  for train traffic as well as 
for shunting movements in its Appendix 2 to Annex 24 . 
5  GENERAL PROVISIONS O F THE AGREEMENT  
5.1  Transparency  
5.1.  The Accession Treaty has no provision regarding transparency ; thus, the EAEU disciplines 
apply  to Armenia .  
5.2  Current payments and capital movements  
5.2.  The Accession Treaty has no provision regarding current payments and capital movements; 
thus, the EAEU disciplines apply  to Armenia .  
5.3  Exceptions  
5.3.  The Accession Treaty has no provision regarding exceptions ; thus, the EAEU disciplines apply  
to Armenia .  
5.4  Accession and Withdrawal  
5.4.  Article 6 of the Accession Treaty provides that following its ratification, the Treaty will enter 
into force on the date on which the Commission (the Treaty's depositary ) receives, through 
diplomatic channels, the last written notification of the Parties completing the domestic procedures 
necessary for its entry into force, but no earlier than the date of entry into force of the EAEU 
Treaty.  The Accession Treaty entered into force on 2 January 2015.  
5.5  Institutional framework  
5.5.  The institutional framework of the Union provides for four main institutions ; their composition 
was modified upon Armenia's accession to ensure its full involvement in the governance activities 
of the EAEU ( EAEU Treaty and Section I of Annex 3 to the Accession Treaty), as follows:  
a. the Supreme Eurasian Economic Council - the highest body of the Union composed of 
the Heads of the member States  – was enlarged with Armenia's President becoming a 
fully-fledged Member . In accordance with the Protocol of 15 March 2018 amending the 
EAEU Treaty, the Supreme Council can also be composed of Prime Ministers in 
accordance with the legislation of a member State  which have the power of taking 
decisions on matters falling under th e competence of the Supreme Council, defined by 
the EAEU Treaty . The Supreme Council meets at least once a year and its decisions are 
taken by consensus ; 
b. Armenia started its full participation in the work  of the Eurasian Intergovernmental 
Council;  WT/REG363/1  
 
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  c. the Eura sian Economic Commission, compris ing the Council and the Collegium , was also 
enlarged. Upon its accession and up to February 2016, Armenia was represented in the 
Commission's Council by one member and in the Collegium  by three members, each 
holding a singl e vote, without assignment of areas of competence (Supreme Council 
Decision No 1/15) ; and  
d. the size and structure of the Court of the EAEU were adapted, in particular with the 
addition of two Armenian Judges to the Court (Supreme Council Decisions Nos 2/15 and 
3/15).  
5.6.  As of February 2016, a new Collegium  has been nominated. The Collegium  is composed of 
ten members, two from each member State, one of which acts as the Chair. The Commission's 
activities are divided into ten functional areas headed by its Members ( Ministers ), totalling 25 
Departments. The Commission's headquarters are in Moscow.   
5.6  Dispute settlement  
5.7.  The Accession Treaty (Article 5)  provides that disputes related to the interpretation and/or 
application of the Accession Treaty shall be resolv ed in accordance with the EAEU Treaty's dispute 
settlement provisions (Article 112 of the EAEU Treaty ).  
5.7  Relationship with other agreements concluded by the Parties  
5.8.  The EAEU Treaty 's disciplines with respect to trade agreements with non -parties are 
contain ed in Articles 33 -35 and 102 ; they apply to agreements concluded by Armenia in 
accordance with the Accession Treaty . Regional /free trade agreements  (RTAs)  to which Armenia is 
a party are listed in Table 5.1 below.  
5.9.  The Treaty on Free Trade Area between members of the Commonwealth of Independent 
States (CIS)  provide s in its Article 23.2 that: "The Parties have agreed that from the date of entry 
into force of this Treaty, they will take measures for terminating bilateral international treaties 
existing between them in the manner and within the terms stipulated by such treaties, unless the 
Parties have not agreed otherwise". Upon mutual consent, the FTA between Armenia and the 
Russian Federation was terminated o n 27 August 201542; other bilateral agreements betwee n 
Armenia and other CIS member S tates have  not been formally terminated . As indicated in 
paragraph 3.3.   above , Article 114 of the EAEU Treaty  foresees this situation of overlapping 
membership.   
5.10.   The Comprehensive and Enhanced Partnership Agreement (CEPA) , signed between Armenia 
and the European Union (EU) on 24 November 2017, entered provisionally into force on 1 June 
2018. While the CEPA does not provide for tariff elimination or reduction, it includes pro visions o n 
inter alia customs cooperation, technic al barriers to trade and  sanitar y and phytosanitary 
measures  (Chapters 2, 3 and 4, respectively) . Under Chapter 5, Armenia and the EU exchange 
preferential treatment commitments on trade in services and investment ; a list of specific 
commitments is include d as annexes to the Agreement. Intellectual property  – including a list of 
geographical indication s benefitting from protection under the Agreement's rules  - and government 
procurement ar e also subject to disciplines under the Agreement (Chapters 7 and 8, respectively) . 
As of early -August 2018, the CEPA had not been notified to the WTO.  
Table 5.1 Armenia: Participation in other RTAs (notified and non -notified in force), as of 
30 July  2018  
RTA Name  Date of entry  into 
force  Coverage  GATT/WTO Notification  
Year WTO Provision  
EAEU member States – Collectively 
EAEU – Viet Nam  05-Oct-16 Goods & Services  2017 GATT Art. XXIV & GATS 
Art. V  
EAEU - Accession of the 
Kyrgyz Republic  12-Aug-15 Goods & Services  2015 GATT  Art. XXIV & GATS 
Art. V  
                                                
42 Termination of the FTA was notified to the WTO by the Russian Federation in WT/REG/GEN/N/8, 1 
April 2016.  WT/REG363/1  
 
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  RTA Name  Date of entry  into 
force  Coverage  GATT/WTO Notification  
Year WTO Provision  
Individual EAEU member Statesa 
ARMENIA  
Treaty on a Free Trade Area 
between members of the CISb 17-Oct-12 Goods  2013 GATT Art. XXIV  
Armenia - Kazakhstan  03-Jan-02 Goods  2004 GATT Art. XXIV  
Armenia - Georgia  11-Nov-98 Goods  2001 GATT Art. XXIV  
Armenia - Ukraine  18-Dec-96 Goods  2004 GATT Art. XXIV  
Armenia - Turkmenistan  07-Jul-96 Goods  2004 GATT Art. XXIV  
Armenia - Moldova  21-Dec-95 Goods  2004 GATT Art. XXIV  
Armenia - Kyrgyz Republic  27-Oct-95 Goods  2000 GATT Art. XXIV  
Armenia - EU 01-Jun-18c Goods & Services  Non-notified  
Armenia - Belarus   28-Jul-03 Goods  Non-notified  
Armenia - Tajikistan   20-Jul-94 Goods  Non-notified  
a  For RTAs of the original EAEU member States, see the EAEU Factual Presentation, WT/REG358/1.  
b Parties to this Treaty are as follows: Armenia, Belarus, Kazakhstan, Kyrgyz Republic, Republic of 
Moldova, Russian Federation, Tajikistan and Ukraine.  The date indicated in the table is the entry into 
force for Armenia.   
c Date of provisional application.  
  
Source:  WTO Secretariat.  
 
5.8  Government procurement  
5.11.   The Accession Treaty has no provision regarding government procurement ; thus, the EAEU 
disciplines apply  to Armenia . As from its accession, Armenia is to grant national treatment in all 
procurement of goods, works and services to all other EAEU member States.  As it is the case for 
all EAEU Members, exemption from national treatment may  be introduce d by Armenia  in 
exceptional cases and for a period not exceeding two years.  As envisaged in the Accession Treaty, 
by 2016 all the procurement agreements/contracts were concluded in electronic form . 
5.12.   The scope of contracting authorities using the e -procurement system and the volume of 
purchases made through it hav e been ex panded. T he e-procurement system includes 301 
contracting authorities (all the state bodies, municipalities, commercial organizations and 
foundations established by the government) which  carry out all the competitive procurement 
procedures (except the two stages open tenders) through the electroni c system , including in cases 
of procurement from a single source due to an urgent need . Further,  modules of procurement 
planning, contract management, procurement accountability , procurement process  as well as the 
process of accepting the results of procurement contracts are  carried out electronically.  An 
electronic auction system is expected to be implemented in 2018 stepwise.  
5.9  Intellectual property rights  
5.13.   Armenia has been given a transition period of three years to  apply the EAEU disciplines on 
matters of protection of and respect for intellectual property rights  (Section XIV of Annex 3 to the 
Accession Treaty) , which are included in Section V of the EAEU Treaty.   
5.14.   Armenia has also committed to the following:  
a. ensure that measures are implemented to prohibit the exportation towards other EAEU 
member States of goods imported from third parties if their trademark is included in the 
Common Customs Register of In tellectual Property Objects of m ember States o f the 
Customs U nion and in the c ustoms register of intellectual property objects43 of the 
                                                
43 Paragraph 2 of Annex  26 of the EAEU Treaty (" Protocol on Protection and Enforcement of Intellectual 
Property Rights ") defines i ntellectual property  objects as "works of science, literature and art, computer 
programs, phonograms, performances, trademarks and service marks, geographical indications, appellations of 
origin of goods, inventions, utility models, industrial designs, selective achievements,  layout design of 
integrated circuits, know -how and other objects of intellectual property protected by international treaties and 
acts of the EAEU and legislation of the Member states ". WT/REG363/1  
 
- 35 - 
 
  destination country of such commodities, unless that it is done with t he consent of the 
rights -holder . In that respect, Armenia is to submit to the Commission quarterly data on 
the volumes of trade turnover towards other EAEU member States , including goods of 
Armenian origin ; 
b. at the latest by 2 January 2015, approve legislation in respect of the above -mentioned 
commitment;  and  
c. at the latest by 1 July 2015, approve measures to en sure the application of the regional 
principle of exhaustion of th e exclusive right to trademarks .44  
5.15.   If statistics indicate that the share of goods originating in third parties exceed s 15% of 
annual Armenian exports to other EAEU member States, any of thes e members may initiate a 
procedure aimed at reducing the original three -year transition period .  
5.10  Other  
5.16.   The Accession Treaty and its annexes also contain some provisions regarding consumer 
rights' protection and collection of indirect taxes  (Sections IX and  XI of Annex 3) . As regards the 
former, it is specified that the term "no -quality goods" in Armenia refers to " goods that do not conform 
to the accepted standards and rules of safety ". As for the latter, disciplines are spelled out concerning 
taxes and taxation , including the collection of value -added taxes and sharing of information  on 
indirect taxes.  
5.17.   The Accession Treaty has no provision regarding competition;  thus, the EAEU disciplines 
apply  to Armenia . 
 
                                                
44 In accordance with p aragraph 16 of the Protocol on Protection and E nforcement of Intellectual 
Property Rights , the  principle of exhaustion of exclusive rights to trademark s provides that  "the use of a 
trademark, trademark of the EAEU in respect of goods that have been lawfully introduced into the civil turnover 
on the te rritory of any of the member States directly by the owner of trademark owner and (or) the trademark 
of the EAEU or by other persons with his/her consent shall not constitute a violation of the exclusive right to 
such trademark, trademark of the EAEU".  WT/REG363/1  
 
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 ANNEX 1  
1. The structure of Armenia's tariff in 2014 -2016 is presented in Table A1.1. The average MFN 
applied rate initially increased f rom 4.3% in 2014 to 8.0% in 201 5 when Armenia acceded  to the 
EAEU, and then decreased to 7.6% in 2016 . In terms of categories of products, in 201 4 WTO 
Members faced an average tariff of 7.7% when exporting an agricultural product to Armenia , while 
the average for non -agricultural products was  3.4%. In 201 4, 21% of the tariff lines on 
agricultural products were duty -free, while the e quivalent figure for non -agricultural products was 
66.2%; in 2015, the corresponding figures were 8.5%  and 23.5% for agricultural and 
non-agricultural products respectively. If only dutiable lines are considered, Armenia's partners in 
the Union benefitted in 2015 from an average margin of preference of 14.5% for agricultural 
products and of 8. 5% for non -agricultural products.  
 
Table A1. 1 Armenia: Indicators of tariff rates  
Year All Products  Agricultural Productsa Non-agricultural  products  
No. of 
lines  Average  
applied tariff  
% of  
duty-
free No. 
of 
lines  Average  
applied tariff  
% of 
duty-
free No. 
of 
lines  Average  
applied tariff  
% of 
duty-
free Overall  
On 
dutiable  
Overall  
On 
dutiable  
Overall  
On 
dutiable  
2014 9,484  4.3 10.0 56.2 2,103  7.7 10.0 21.0 7,381  3.4 10.0 66.2 
2015 11,711  8.0 10.0 20.1 2,684  13.2 14.5 8.5 9,027  6.5 8.5 23.5 
2016 11,610  7.6 9.7 21.3 2,683  13.3 14.5 8.3 8,927  6.0 8.0 25.2 
2017-2022 … … … … … … … … … … … … 
a WTO Definition.  
Note:  For the calculation of averages, specific rates are excluded and the ad valorem  equivalents or 
ad valorem  parts of alternate rates are included . 
 Based on the HS 2012 nomenclature.  
2015 Russian Federation's MFN 2015 which includes Armenia's exception for 2015. 
2016 Russian Federation's MFN 2016 which includes Armenia's exception for 2016 . 
… Not available.  No data yet on the MFN tariffs of Ru ssia for the years 2017 to 2022.  
 Tariffs as of 1 January.  
Source:  WTO estimates based on the WTO -IDB, WTO -TPR and Armenian authorities.  
 
2. Table A1. 2 presents the structure of the CET/Russian Federation applied tariff from 2014 to 
2016. The average MFN applied rate has been progressively reduced from 9.4% in 2014 to 8.7% 
in 2015 and 8.3% in 2016. In terms of categori es of products, in 2015 WTO Members faced an 
average tariff of 7.1% when exporting a non -agricultural product to the Russian Federation, while 
average tariffs imposed for agricultural products were twice as high (i.e. 14.5%). In 2015, slightly 
less than on e-fifth of the tariff lines for non -agricultural tariffs were duty -free; the corresponding 
figure for agricultural products was 6.4%. If only dutiable lines are considered, other EAEU 
member States benefitted in 2015 from an average margin of preference of  15.6% for agricultural 
products and of 8.6% for non -agricultural products. Figures for 2015 and 2016 also apply to 
Belarus.  
 WT/REG363/1  
 
- 37 - 
 
  
 Table A1. 2 CET: Indicators of applied tariff rates  
Year All Products  Agricultural Productsa Non-agricultural products  
No. of 
lines  Average  
applied tariff  
% of  
duty-
free No. of 
lines  Average  
applied tariff  
% of 
duty-
free No. of 
lines  Average  
applied tariff  
% of 
duty-
free Overall  
On 
dutiable  
Overall  
On 
dutiable  
Overall  
On 
dutiable  
2014 11,638  9.4 11.1 14.8 2,683  15.2 16.3 6.3 8,955  7.8 9.4 17.3 
2015 11,711  8.7 10.2 14.9 2,684  14.5 15.6 6.4 9,027  7.1 8.6 17.4 
2016 11,610  8.3 10.0 16.1 2,683  14.5 15.5 6.3 8,927  6.5 8.1 19.0 
2017- 
2022 … … … … … … … … … … … … 
Note:  
a  WTO Definition.  
…  No data yet on the MFN tariffs of Russian Federation for the years 2017 to 202 2. 
 The Parties agreed that the Russian Federation MFN is the CET.  
 For the calculation of averages, specific rates are excluded and the ad valorem  parts of alternate 
rates are included.   
 For 2016, the calculation of averages includes AVEs where the data is sourced from the WTO TPR of 
Russian Federation for 2016.  
 Based on the HS 2007 nomenclature (2010 -2011) and HS 2012 nomenclature (2012 -2016).  
Source:   WTO Secretariat estimates based on WTO -IDB, WTO -TPR and Trade Analysis Information Systems 
(TRAINS).  WT/REG363/1  
 
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 ANNEX 2  
DEFINITIVE ANTI -DUMP ING MEASURES IN FORC E IN THE EAEU AND EX TENDED TO ARMENIA AS  
OF 2 JANUARY 2015  
Table A2.1 Definitive anti -dumping measures in force in the EAEU and extended to 
Armenia as of 2 January 2015  
Country/  
Customs 
Territory  Product,  
investigation ID 
number  Measure(s)  Date of original 
imposition;  
publication reference1 Date(s) of extension; 
publicati on reference(s)  
Measures in force as of 1 January 2015  
China  Cold-rolled flat steel 
products with 
polymer coating;  
ID: AD -8-CN Duties  02.01.2015  
Decision of the Commission  
No. 49 dated 24.05.2012  
 01.07.2017  
Decision of the 
Commission No.  45 dated 
11.05.2017   
Cold-worked 
seamless pipes and 
tubes of stainless 
steel;  
ID: AD -11-CN Duties  02.01.2015  
Decision of the Commission 
No. 65 dated 09.04.2013    
Enamelled baths of 
cast iron;  
ID: AD -12-CN Duties  02.01.2015  
Decision of the Commission 
No. 64 dated 09.04.2013   
Rolling -element 
bearings (excl. 
needle  roller 
bearings);  
ID: AD -3-CN Duties  02.01.2015  
Decision of the Commission 
of the Customs Union 
No. 705 dated 22.06.2011  02.01.2015  
Decision of the 
Commission No.  197 dated 
17.09.2013  
Germany  Light commercial 
vehicles;  
ID: AD -10-DE Duties  02.01.2015  
Decision of the Commission 
No. 113 dated 14.05.2013   
India Graphite 
electrodes;  
ID: AD -9-IN Duties  02.01.2015  
Decision  of the Commission 
No. 288 dated 25.12.2012   
Italy Light commercial 
vehicles;  
ID: AD -10-IT Duties  02.01.2015  
Decision of the Commission 
No. 113 dated 14.05.2013   
Turkey  Light commercial 
vehicles;  
ID: AD -10-TR Duties  02.01.2015  
Decision of the Commission 
No. 113 dated 14.05.2013   
Ukraine  Certain steel pipes 
and tubes;  
ID: AD -1-UA Duties  02.01.2015  
Decision of the Commission 
of the Customs Union 
No. 702 dated 22.06.2011  
 19.11.2015  
Decision of the 
Commission No.  133 dated 
06.10.2015  
 
03.07.2016  
Decision of the 
Commission No. 48 dated 
02.06.2016  
Forged work -rolls; 
ID: AD -7-UA Duties  02.01.2015  
Decision of the Commission 
of the Customs Union 
No. 904 dated 09.12.2011  28.02.2015  
Decision of the 
Commission No.  3 dated 
20.01.2015  
Source:  G/ADP/N/1/ARM/2 and G/ADP/N/272/ARM.  
 
                                                
1 All Decisions can be accessed at the Commission website, http:// eec.eaeunion.org . WT/REG363/1  
 
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 ANNEX 3  
SUMMARY OF SUPREME C OUNCIL DECISIONS NOS 112/14 AND 18/15  
Table A 3.1 Number of non -conforming measures in the Protocol on Services and 
Investment, by EAEU member States and by type of measure  
 BLR KAZ RUS ARM 
TOTAL  28 30 38 28 
Of which:      
 State -owned enterprises (para. 16)  1 4 4 1 
 Exclusive rights (para. 17)  3 3 4 1 
 National treatment (para. 23)   20 21 27 5 
 Establishment (para. 26)  26 21 32 6 
 MFN (para. 28)  2 4 7 4 
 QRs (para. 31)  23 16 26 4 
 Performance requirements (para. 33)  2 4 3 2 
 Mode 4 (para. 35)  3 9 12 5 
Source:  Supreme Council Decisions Nos 112/14 and 18/15.  WT/REG363/1  
 
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 ANNEX 4 
SERVICES SECTORS LIBERALIZED IN THE EAEU IN ACCOR DANCE WITH COUNCIL D ECISIONS 
AS OF MARCH 2018  
 The Table below lists sectors and sub -sectors liberalized and the corresponding liberalization 
plans, in accordance with the Supreme Council Decisions No 110 of 2014, Nos 17 and 18 of 8 May 
2015, Nos 30 and 31 of 16 October 2015 and Nos 22 and 23 of 26 December 2016.  
 
Table A 4.1 EAEU services liberalization1 
No2 Sectors and Sub -sectors  From CPC3 Original  EAEU 
liberalization  ARM 
BLR KAZ RUS 
BUSINESS SERVICES    
II.19 Services in the field of reporting and 
accounting  82213, 82219 and 82220  2021 2021 
I.26 Taxation services  823 2015 2015 
I.32 Consultation services related to 
architecture  83211  2015 2015 
Professional Services, except services pertaining to hazardous, complex and heritage objects  
I.6. Engineering services  8334 
2015 2024 2015 2015 I.7. Complex services  8331, 83342 and 83343  
I.8. Urban planning services  83221, 83222, 83333  
I.9 Landscaping services (except 
heritage objects)  83222  2015 2015 
Professional Services in relation to hazardous, complex and heritage objects  
II.2 Engineering services  8335 and 8339  2021 2024 2021 2021 
II.4 Urban planning  8322  
All other business services  
II.3 Integrated services in engineering 
related areas With highways, streets, 
roads, railways, Runways, bridges, 
aboveground and underground 
Motorways, tunnels and harbours, 
waterways, Water facilities, main 
pipelines, Lines and lines of energy, 
pipelines And c ables and associated 
structures  83312  2021 2024 2021 2021 
I.31 Consultation services related to 
installation of computers    
2015 2015 I.27 Software application services  83142   
I.28 Data processing services  84300 and 85960  
I.29 Database -related services  84300  
I.30 Services related to computing 
machines, including technical 
maintenance and repair of computing 
machines, and related data 
preparation services  83160  
                                                
1 The table is structured in accordance with MTN.GNS/W/120. Sectors/sub -sectors are listed in a 
summary manner, as compared t o the full text of each of the Decisions.  
2 The No are structured as follows: "I" means the sectors/sub -sectors are listed in Decisions No 110 of 
2014 and Nos 17 and 31 of 2015; "II" refers to sectors/sub -sectors listed in Decisions No 30 of 2015 and Nos 22 
and 23 of 2016. The number after that refers to the number (of the sector/subsector) as reflected in the 
relevant Decisions.  
3 The Decisions are based on CPC version 1.  WT/REG363/1  
 
- 41 - 
 
  
 No2 Sectors and Sub -sectors  From CPC3 Original  EAEU 
liberalization  ARM 
BLR KAZ RUS 
II.21 Conducting research and 
development Experimental 
developments in the field of natural 
sciences in the part of applied 
research  81110, 81120, 81130, 
81140, 81150 and 81190  
2020 2020 II.20 Conducting research and 
implementation In the field of social 
and human sciences  81210, 81220, 81230, 
81240 and 81290   
II.8 Services related to immovable 
property, own Or leased (with the 
exception of real estate brokerage 
services)  72111, 72 112, 72121, 
72122, 72130 and 72212   
II.9 Property valuation services  72240 and 85990  2020 2020 
II.5 Rental and leasing services for 
pleasure boats without operator  73240  2019 2019 
I.24 Lease of cars and equipment without 
an operator as part of rent and 
leasing services  73112, 73114, 73121 - 
73123  2015 2015 
I.25 Hire of personal items as part of 
leasing services and rent of all types 
of consumer equipment, used for 
leisure  73210  2015 2015 
II.6 Services in the field of advertising  83610, 83620, 83631 and 
83690  2019 2019 
II.7 Audit services  82211 and 82212   2022 2022 
I.35 Market research and opinion polling 
services  83700   2015 2015 
I.33 Consultation services in connection 
with managerial issues (excluding 
financial services specified in Part 
XVI of the EAEU Agreement)  83111   2015 2015 
I.34 Services (excluding financial services 
specified in Part XVI of the EAEU 
Agreement), related to consultations 
on managerial issues  83112 - 83114  2015 2015 
II.11 Services for technical testing and 
analysis (laboratory And on the 
ground) (with the exception of works 
for the purposes of evaluation 
(confirmation) Conformity of 
production to the established 
requirements)  83561 - 83564 and 
83569  n.p. n.p. n.p. n.p. 
I.10 Services related to agriculture  861, 86110 and 86121  
2015 2015 I.11 Service related to forestry and timber 
stockpiling  86140  
I.12 Services related to game 
management  86130  
I.36 Service on personnel accommodation 
and recruitment of personnel, 
excluding activity related to 
employment services for citizens of a 
EAEU member state outside of such 
member state  85111   2015 2015 
I.23 Services related to maintenance and 
repair of equipment, including repair 
of personal items and household 
goods (excluding sea vessels and 
aircraft and other transport 
equipment)  8715 and 87290  2015 ... 2015 2015 
I.37 Services related to cleaning of 
premises, specifically cleaning and 
hygiene of residential buildings or 
commercial, administrative and 
industrial buildings (excluding 
disinfection)  85330   2015 2015 WT/REG363/1  
 
- 42 - 
 
  
 No2 Sectors and Sub -sectors  From CPC3 Original  EAEU 
liberalization  ARM 
BLR KAZ RUS 
I.38 Photographic services  8381, 83811 - 83815, 
83819 and 83820   
2015 2015 I.39 Organization and conducting of 
negotiations and sessions  85970 and 85990   
I.40 Interpreting and translation services, 
related to translation of texts from 
one language into another  83910  
II.12 Geological, geophysical and other 
services Research work in the part of 
scientific advisory services in 
Geology, geophysics, geochemistry 
and other sciences related to Search 
for deposits of solid minerals, oil, gas 
and Groundwater, except for field 
works  83510  
2019 2024 2019 2019 
II.13 Services for underground surveying 
survey  83520   
II.14 Services for land surveying survey  83530  
II.15 Mapping services  83540  
II.16 Services for weather forecasting and 
meteorology  83550  
COMMUNICATION  SERVICES   
II.17 Services associated with the 
production and distribution of Film 
and video films  96121 and 96141   2019 2019 
II.18 Services for demonstration of video 
films  96152   2019 2019 
I.42 Sound recording services  96111  2015 2016 2015 2015 
CONSTRUCTION  AND RELATED  ENGINEERING  SERVICES  
General construction works (except hazardous and complex objectsa and heritage objectsb 
I.1. For erection of buildings of any 
purpose  54111, 54112, 54121, 
54122, 54129  
2015 2024 2015 2015 I.2. Construction of civil engineering sites 
(except services pertaining to 
hazardous, complex and heritage 
objects)  542, 54210, 54220, 
54230, 54241, 54242, 
54251, 54252, 54260, 
54270 and 54290  
I.3 Assembly and erection of buildings 
from prefabricated elements and 
works on equipment assembly  54400  and 546  
I.4. Construction and finishing works at 
the closing stage  547, 54710, 54720, 
54730, 54740, 54750, 
54760, 54770 and 54790  
I.5. Pre-construction works, special 
construction works, demolition of 
buildings and renting of construction 
equipment with an operator  543, 54310, 54320, 
54330, 54 341, 54342, 
54511, 54512, 54521, 
54522, 54530, 54540, 
54550, 54560, 54570, 
54590 and 54800  
General construction works  
II.1 For the construction of facilities of 
Civil construction  54210, 54220, 54230, 
54241, 54242, 54251, 
54252, 54260, 54310, 
54320, 54330, 54342 and 
54800  2021 2024 2021 2021 
DISTRIBUTION SERVICES  
I.13 
I.14 Retail trade servicesc 611 and 612  
621 – 623 
2015 2016 2015 2015 I.15 Services of commission agents, 
including broker services, excluding 
financial services specified in Part 
XVI of the agreement on the EAEU  612 
I.16 Franchise services  73340  WT/REG363/1  
 
- 43 - 
 
  
 No2 Sectors and Sub -sectors  From CPC3 Original  EAEU 
liberalization  ARM 
BLR KAZ RUS 
TOURISM AND TRAVEL RELATED SERVICES  
I.17 Services of  hotels and public catering 
enterprises (excluding sale (serving) 
of alcohol)  63110, 63210, 63220 and 
63230  and 6330  2015 2016 2015 2015 
II.10 Services travel agency and travel 
agencies (Services of tour operators 
and travel agents)  67811 and 67812  2019 2019 2019 2019 
RECREATIONAL, CULTURAL AND SPORTING SERVICES (other than audiovisual services)  
I.41 Entertainment services (theatres, 
concerts, circuses, etc.)  96210  2015 2015 
I.43 Service related to organization of 
sports and other recreational activities 
(excluding gambling services)  96510, 96520, 96590 and 
96610 , 96620 and 96990   2015 2015 
TRANSPORT  SERVICES  
I.22 Technical maintenance and repair of 
equipment for car transport  87141  
2015 ... 2015 2015 I.18 Cargo treatment services  67190 and 64339  
I.19 Services of warehouses and goods 
sheds  67290  
I.20 Services of cargo agencies  67910  
I.21 Other intermediary services, services 
related to processing of shipping 
documents, cargo inspection, 
weighing and other similar services    
… Not available.  
n.p. Not provided.  
a "Hazardous and complex objects" includes hazardous, highly dangerous and technically complex 
objects of capital construction, including  e.g. nu clear facilities, subway systems, pipelines, etc.  
b "Heritage objects" refer to the conservation of cultural heritage objects (historical and cultural sites).  
c With the exception of: (i) for Belarus: sale of ethanol, alcohol and alcohol -containing product s, 
tobacco products; and (ii) for Kazakhstan and Russian Federation: sale of weapons and weapons 
systems, military equipment and munitions, explosives and associated equipment, precious metals 
and stones, drugs and psychotropic substances, sturgeon and cav iar, ethanol, alcohol and alcohol -
containing products, tobacco and tobacco -containing products, parapharmaceutical and medicinal 
products (exception – until 2016), etc.  
 
 
__________