G/C/W/745  
 
18 October 2017  
(17-5639) Page: 1/2 
Council for Trade in Goods  Original: English  
 
KAZAKHSTAN – BORDER RESTRICTIONS  
COMMUNICATION FROM T HE KYRGYZ REPUBLIC  
The following communication, dated 17  October  2017, is being circulated at the request of the 
Delegation of the Kyrgyz Republic.  
 
_______________  
 
 
The Permanent Mission of the Kyrgyz  Republic to the World Trade Organization presents its 
compliments to the Secretariat of the World Trade Organization (WTO) and has the honour to 
inform the Secretariat of the WTO that starting from 10th of October  2017 the Republic of 
Kazakhstan unilatera lly has been creating obstacles for movement of cargo and natural persons 
through the borders without any preliminary and official notification of such action of the Republic 
of Kazakhstan representing the rude violation of the multilateral rules of the WT O. 
 
Based on the complaints of Association of International Road Transport Operators of the Kyrgyz 
Republic dated 13  October  2017, Association of Truck Drivers dated 15  October  2017, Professional 
Union of Trade Workers dated 12  October  2017 (attached) and based on information received from 
other transport companies of the Kyrgyz Republic, crowding of Kyrgyz vehicles and cargo transport 
was seen not only at Kyrgyz –Kazakh but also at Russian -Kazakh state borders, including 
"Mashtakovo" border check point wher e about 40  Kyrgyz cargo transport were blocked (as of 
13 October  2017). At the same time we would like to draw attention of the WTO  Secretariat that 
cargo inspections are carried out only with respect to Kyrgyz cargo transport, including those 
transporting  goods according to the international rules of TIR  Carnet.  
 
According to information of the State Border Service of the Kyrgyz Republic an average daily 
number of passing by natural persons and transport through Kyrgyz  largest and most active 
checkpoints "Ak-Zhol" and "Ak -Tilek" before undertaking additional measures by the Republic of 
Kazakhstan comprised 8,176  persons, vehicles – 662 units of which 388 – cargo . From 10th of 
October  2017 an average daily number of passing by people and transport from the Kyrgyz 
Republic through the above mentioned checkpoints is 3,446  natural persons, vehicles –357 units 
of which 162 - cargo . 
 
As a result, unjustified and toughen measures applied by the Republic of Kazakhstan with respect 
to Kyrgyz cargo transport at the b orders sharply affected on the reduction of bilateral trade 
between the Republic of Kazakhstan and the Kyrgyz Republic. For today natural persons engaged 
in business activities and services suppliers are also affected by those measures of the Republic of 
Kazakhstan.  
 
The discriminatory measures are applied only towards Kyrgyz cargo transport and natural persons 
crossing Kyrgyz –Kazakh and Russian –Kazakh state borders. The current situation has extremely 
negative effects on the social and economic situation o f the Kyrgyz Republic.  
 
In this regard, the Permanent Mission  of the Kyrgyz Republic declares about the violation by the 
Republic of Kazakhstan of the following requirements and rules of the WTO:  
 
General Agreement of Tariffs and Trade (GATT  1994)  
1. Article 1 "Most -Favoured Treatment";  
2. Article  III "National Treatment";  G/C/W/745  
 
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  3. Article  V "Freedom of Transit";  
4. Article  X "Publication and Administration of Trade Regulations";  
5. Article  XI "General Elimination of Quantitative Restrictions".  
Decision on Notifi cation Procedures (paragraph  1) 
Trade Facilitation Agreement  
6. Article  5.2 "Detention";  
7. Article  7 paragraph  9 "Perishable Goods";  
8. Article  8 "Border Agency Cooperation";  
9. Article  11 "Freedom of Transit".  
General Agreeme nt on Trade in Services (GATS) , 
Article  V "Economic Integration" para.  I, II. 
 
In view of the above -stated, subject to Articles  XXII and XXIII of GATT  1994, and taking into 
consideration the WTO  Decision of 5  April 1966 on procedures under Article  XXIII (BISD  14 S/18) 
for further  procedures on dispute settlement, the Kyrgyz Republic informs the Secretariat of the 
WTO and the Dispute Settlement Body on violations committed by the Republic of Kazakhstan of 
its obligations and rules of the World Trade Organization.  
 
The Permanent Mis sion of the Kyrgyz Republic avails itself of this opportunity to renew to the 
Secretariat of the WTO the assurances of its highest consideration.  
 
Enclosure1: 
1. Complaint by Association of International Road Transport Operators of the Kyrgyz 
Republic in R ussian (unofficial translation in English);  
2. Complaint by Association of Truck Drivers in Russian (unofficial translation in English);  
3. Complaint by Professional Union of Trade Workers in Russian (unofficial translation in 
English);  
4. Data from mass m edia resources of current situation on cross -borders in Russian 
(unofficial translation in English).  
 
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1 These attachments are available in the WTO Secretariat in English only (unofficial translation).