G/ADP/Q1/KAZ/2  
G/SCM/Q1/KAZ/2  
G/SG/Q1/KAZ/2  
 
26 October  2016 
(16-5864) Page: 1/2 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  Original: English  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES  18.5, 32.6 AND 12.6 OF THE AGREEMENTS  
REPLIES TO QUESTION S1 POSED BY THE UNITED STATES  
REGARDING THE NOTIFI CATION OF KAZAKHSTAN2 
The f ollowing communication, dated 25 October 2016, is being circulated at the request of the 
Delegation of Kazakhstan . 
 
_______________  
 
The Republic of Kazakhstan thank s the United States for the questions posed with regard to 
notification of laws and regulations under Articles 18.5, 32.6 and 12.6 of the Agreements . 
 
Question 1  
 
Paragraph 1.5 of "Provision for the use and protection of confidential information and 
proprietary information of limited distribution in the body responsible for investigating," 
states that, "{t}his provision shall not preclude the disclosure by the aut hority 
conducting investigations the reasons underlying the decision of the Eurasian Economic 
Commission (hereinafter - EEC), or evidence relied upon EEC, to the extent that is 
necessary to explain those reasons or evidence in court authorized to review cl aims in 
the framework of the Agreement on the application of safeguard, antidumping and 
countervailing measures against third countries from 25 January 2008" .   
 
a. Please explain the protections provided for confidential or proprietary 
information disclosed in a court proceeding as described above.   
b. What rules or regulations bind the officers of the Court or the participants in 
the proceeding to maintain the confidentiality of the submitted information?   
c. Does the EEC require the original submitter of the in formation to the EEC to 
consent to this disclosure?   
 
Reply : 
 
a. Paragraph 118 of the Statute of the Court of the Union in conjunction with Article 88 of the 
Regulation on the Court of the Union3 provides for protection of confidential information in 
the cou rt proceedings. The measures adopted to protect confidentiality in the court 
proceedings are taken, inter alia, to prevent unauthorized access to confidential information, 
to ensure the level of protection of confidential information and to prevent unautho rized, 
unintended or intentional actions that affect confide ntial information.  
                                                
1 G/ADP/Q1/KAZ/ 1-G/SCM/Q1/KAZ/ 1-G/SG/Q1/KAZ/ 1 (dated 3 October 2016).  
2 G/ADP/N/1/KAZ/1/Rev.1 -G/SCM/N/1/KAZ/1/Rev.1 -G/SG/N/1/KAZ/1/Rev.1 (dated 20 July 2016).  
3 Regulation on the Court of Union was adopted pursuant to Decision of the Supreme Eurasian Ec onomic 
Council No. 101 dated 23 December 2014. See legal portal of the Eurasian Economic Union 
https://docs.eaeunion.org/docs/ru -ru/0147026/scd_25122014_101  G/ADP/Q1/ KAZ/2 • G/SCM/Q1/KAZ/2 • G/SG/Q1/KAZ/2  
 
- 2 - 
 
  The parties to a dispute may request the Court to establish additional requirements and 
procedures on protection of confidentiality of information and to restrict access of pers ons to 
such information. Such additional rules are to be ado pted by the Court of the Union.  
b. Judges, officers and employees of the Court of the Union, persons participating in a dispute, 
including experts, shall be bound by confidentiality obligation pursua nt to paragraph 118 of 
the Statute of the Court of the Union and Article 88.6 of the Regulation on the Court of the 
Union. Confidential information shall not be disclosed in the judgements of the Court of the 
Union.  
c. Pursuant to paragraph 258 of the Protoc ol on Application of Safeguard, Anti -Dumping and 
Countervailing Measures with Respect to Third Countries (Annex No. 8 to the Treaty on the 
Eurasian Economic Union) "the investigating authority shall not disclose or transmit to third 
parties confidential in formation without a written consent  of the interested party who has 
provided such information". This provision also applies to disclosure of information in the 
course of court proceedings. Hence, the EEC requests a written permission of the party that 
subm itted confidential information in any case.  
The Republic of Kazakhstan notes that confidential information may be shown to the Court 
only to the extent necessary to explain the reasons or evidence underlying the 
determination of the investigating authority . 
Question 2  
 
The title of Article 26 of the Law of the Republic of Kazakhstan No. 316 -V "On the 
application of safeguard, anti -dumping and countervailing measures with regard to the 
Third countries" states that "Determination of injury to domestic industr y of Member 
States by subsidized imports shall mean material injury to a domestic industry of the 
Member States, threat of material injury or material retardation of the establishment of 
a domestic industry in the Member States" . This definition appears no where else in the 
body of the text. Please explain the legal effect of article titles under Kazakhstan's law.   
 
Reply : 
 
The title of Article 26 of the Law of the Republic of Kazakhstan No. 316 -V "On the application of 
safeguard, anti -dumping and counterva iling measures with regard to the Third countries" was 
translated into English incorrectly and the original version follows as:  
 
Article 26 "Determination of material injury to a domestic industry of the Member 
States, a threat of causing such injury or si gnificant lag in the establishment of a 
domestic industry in the Member Stat es caused by subsidized imports" . 
 
In addition the term "injury to a domestic industry of the M ember States"  caused by subsidized 
imports besides that under the Article 26 al so is defined by the Article 1 " General definitions used 
in this Law " and the Article 22 "General principles of the countervailing measures use " having a 
legal effect while determination of injury for the purposes of use of the countervailing measures.  
 
________ __