RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/SPEC/KAZ/9/Rev.2 
25 June 2008 
 (08-3042) 
Working Party on the 
Accession of Kazakhstan Original:   English 
 
 
 
DRAFT REPORT OF THE WORKING PARTY ON THE  
ACCESSION OF KAZAKHSTAN  
TO THE WORLD TRADE ORGANIZATION 
Revision  
  
  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page i 
 
 
  TABLE OF CONTENTS 
 
I. INTRODUCTION ................................................................................................................... .1 
DOCUMENTATION PROVIDED ......................................................................................................1  
INTRODUCTORY STATEMENTS....................................................................................................2  
II. ECONOMIC POLICIES..........................................................................................................2  
- Monetary and fiscal policy ..................................................................................................... ..2 
- Foreign exchange and payments..............................................................................................5  
- Investment regime.............................................................................................................. .......9  
- State ownership, state-trading entities and privatization....................................................14  
- Pricing policies ............................................................................................................... .........24  
- Competition policy............................................................................................................. .....36  
III. FRAMEWORK FOR MAKING AN D ENFORCING POLICIES ....................................37  
IV. POLICIES AFFECTING TRADE IN GOODS ...................................................................42  
- Trading Rights ................................................................................................................. .......42  
A. IMPORT REGULATIONS....................................................................................................48  
- Ordinary cust oms duties ........................................................................................................ 48 
- Other duties and charges....................................................................................................... .49 
- Tariff rate quotas, tariff exemptions.....................................................................................50  
- Fees and charges for services rendered.................................................................................52  
- Application of internal taxes to imports ...............................................................................53  
- Quantitative import restrictions, includi ng prohibitions, quotas and licensing 
systems ........................................................................................................................ .............57  
- Customs valuation.............................................................................................................. .....59  
- Rules of origin ................................................................................................................ .........63  
- Other customs formalities ...................................................................................................... 65 
- Preshipment inspection ......................................................................................................... .67 
- Anti-dumping, countervailing duty and safeguard regimes ...............................................68  
B. EXPORT REGULATIONS ...................................................................................................70  
- Customs tariffs, fees and charges for serv ices rendered, application of internal 
taxes to exports............................................................................................................... .........70  
- Export rest rictions ............................................................................................................ ......73  
- Export subsidies ............................................................................................................... .......75  
C. INTERNAL POLICIES A FFECTING FOREIGN TRADE IN GOODS .........................76  
- Industrial policy, including subsidies....................................................................................76  
- Technical barriers to trade, standards and certification.....................................................82  
- Sanitary and phytosanitary measures...................................................................................88  WT/ACC/SPEC/KAZ/9/Rev.2 
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  -
 Trade-related investment measures ......................................................................................99  
- Free zones, special economic areas......................................................................................102  
- Government procurement....................................................................................................105  
- Transit........................................................................................................................ ............106  
- Government-mandated counter-trade and barter.............................................................107  
- Agricultural policies.......................................................................................................... ....108  
- Trade in ci vil aircraft........................................................................................................ ....111  
V. TRADE-RELATED INTELLECTUAL  PROPERTY REGIME.....................................111  
- GENERAL........................................................................................................................ .....111  
- Industrial property protection.............................................................................................111  
- Responsible agencies for policy formulation and implementation ...................................112  
- Participation in international intellectual property agreements ......................................113  
- Application of national and MFN treatment to foreign nationals....................................113  
- Fees and taxes................................................................................................................. .......114  
- SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING 
PROCEDURES FOR THE ACQUISITION AND MAINTENANCE OF 
INTELLECTUAL PROPERTY RIGHTS .........................................................................114  
- Copyright and related rights................................................................................................114  
- Trademarks, including  service marks.................................................................................116  
- Geographical indications, including appellations of origin...............................................118  
- Industrial designs............................................................................................................. .....119  
- Patents........................................................................................................................ ............120  
- Plant variety protection....................................................................................................... .123 
- Layout designs of integrated circuits ..................................................................................123  
- Requirements on undisclosed information, including trade secrets and test data..........123  
- MEASURES TO CONTROL ABUSE OF INTELLECTUAL PROPERTY 
RIGHTS......................................................................................................................... ........124  
- ENFORCEMENT.................................................................................................................124  
- Civil judicial procedures and remedies...............................................................................124  
- Provisional measures ........................................................................................................... .126 
- Administrative procedures and remedies...........................................................................127  
- Special border measures.......................................................................................................1 28 
- Criminal procedures............................................................................................................ .129 
VI. POLICIES AFFECTING TRADE IN SERVICES............................................................131  
VII. TRANSPARENCY ...............................................................................................................134  
- Publication of information on trade....................................................................................134  
- Notifications.................................................................................................................. .........136   WT/ACC/SPEC/KAZ/9/Rev.2 
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  VIII.  TRADE AGREEMENTS .....................................................................................................136  
CONCLUSIONS .................................................................................................................... ............137  
APPENDIX....................................................................................................................... ..................138  
ANNEX 1 ........................................................................................................................ ....................142  
ANNEX 2 ........................................................................................................................ ....................151  
ANNEX 3 ........................................................................................................................ ....................158  
ANNEX 4 ........................................................................................................................ ....................168  
ANNEX 5 ........................................................................................................................ ....................172  
ANNEX 6 ........................................................................................................................ ....................173  
ANNEX 7 ........................................................................................................................ ....................177  
ANNEX 8 ........................................................................................................................ ....................178  
ANNEX 9 ........................................................................................................................ ....................180  
ANNEX 10 ....................................................................................................................... ...................218  
ANNEX 11 ....................................................................................................................... ...................245  
ANNEX 12 ....................................................................................................................... ...................250  
ANNEX 13 ....................................................................................................................... ...................266  
ANNEX 14 ....................................................................................................................... ...................270  
 
  WT/ACC/SPEC/KAZ/9/Rev.2 
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  I. INTRODUCTION 
1. The Government of the Republic of Kazakhs tan applied for accession to the World Trade 
Organization (WTO) on 29 January 1996.  At its meeting on 6 February 1 996, the General Council 
established a Working Party to examine the appli cation of the Government of the Republic of 
Kazakhstan to accede to the WTO under Article XI I of the Marrakesh Agreement establishing the 
World Trade Organization (document WT/GC/M/9).  The terms of reference and the membership of 
the Working Party are reproduced in document WT/ACC/KAZ/2/[Rev.25]. 
2. The Working Party met on 19-20 March and 9 October 1997 under the Chairmanship of 
H.E. Mr. B. Ekblom (Finland); on 9 October 1998 , 12-13 July 2001, and 13 December 2002 under the 
Chairmanship of H.E. Mr. P. Huhtaniemi (Finland); on 4 March and 3 November 2004; on 
7 June 2005; on 1 November 2006 and [......] under the Chairmanship of H.E. Mr. V. Himanen 
(Finland).   
DOCUMENTATION PROVIDED 
3. The Working Party had before it, to serve as a basis for its discussions, a Memorandum on the 
Foreign Trade Regime of the Republic of Kaza khstan (WT/ACC/KAZ/3 and Addendum 1), a Survey 
of the Foreign Trade Regime of the Republic of Kazakhstan (WT/ACC/KAZ/40 of 30 April 2003), 
the questions submitted by members of the Working Party on the foreign trade regime of the Republic 
of Kazakhstan, together with the replies th ereto (WT/ACC/KAZ/6 with Addenda 1 and 2, 
WT/ACC/KAZ/10, WT/ACC/KAZ/11, WT/ACC/KAZ/14, WT/ACC/KAZ/22, WT/ACC/KAZ/37 
with Addenda 1-3 and Corrigendum 1 to Adde ndum 3, WT/ACC/KAZ/50 and Corrigendum 1, 
WT/ACC/KAZ/57, WT/ACC/KAZ/63, WT/ACC/KAZ /66, WT/ACC/KAZ/67 and ....), and other 
information provided by the authorities of  the Republic of Kazakhstan (WT/ACC/KAZ/8, 
WT/ACC/KAZ/12, WT/ACC/KAZ/19, WT/ACC/KAZ/24, WT/ACC/KAZ/25, WT/ACC/KAZ/26, WT/ACC/KAZ/27, WT/ACC/KAZ/27/Rev.1, WT/ACC/KAZ/28, WT/ACC/KAZ/29, 
WT/ACC/KAZ/30, WT/ACC/KAZ/31, WT/A CC/KAZ/32, WT/ACC/KAZ/32/Rev.1, 
WT/ACC/KAZ/32/Rev.2, WT/ACC/KAZ/34, WT/A CC/KAZ/34/Rev.1, WT/ACC/KAZ/34/Rev.2, 
WT/ACC/KAZ/35, WT/ACC/KAZ/41, WT/ACC/KAZ/43, WT/ACC/KAZ/44, WT/ACC/KAZ/45, WT/ACC/KAZ/46, WT/ACC/KAZ/47, WT/ACC/KAZ/48, WT/ACC/KAZ/51, WT/ACC/KAZ/52, 
WT/ACC/KAZ/53, WT/ACC/KAZ/54, WT/ACC/KAZ/55, WT/ACC/KAZ/58, WT/ACC/KAZ/59, 
WT/ACC/KAZ/60, WT/ACC/KAZ/61, WT/ACC/KAZ/64, WT/ACC/KAZ/65....), including the legislative texts and other documentation listed in Annex 1. WT/ACC/SPEC/KAZ/9/Rev.2 
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  INTRODUCTORY STATEMENTS 
[to be completed] 
II. ECONOMIC POLICIES  
- Monetary and fiscal policy 
4. The representative of Kazakhstan stated that , according to Law No. 2155 "On the National 
Bank of the Republic of Kazakhstan"  of 30 March 1995, the main objective of the monetary policy of 
the National Bank of Kazakhstan (NBK) was to main tain price stability.  To achieve this, the NBK 
focused on (i) formulating and implementing the na tional monetary policy; (ii) maintaining an 
efficient payments system; (iii) providing foreign exchange regulation and control; and (iv) maintaining a stable financial system.  Ka zakhstan had a two-tier banki ng system, in which the 
National Bank represented the upper (first) tier of  the banking system while all other banks 
represented the lower (second) tier.  The National Bank also performed the function of a lender of last 
resort and was entitled to carry out other operations in accordance with the decisions of its Board.  
The NBK maintained a floating exchange rate of  the national currency (Tenge - KZT).  When 
necessary, the National Bank also intervened to prevent exchange rate fluctuations caused by 
speculative surges.  Since 1998, the National Bank had not financed the state budget deficit.  The 
representative of Kazakhstan provided the list of la ws regulating the functions of the NBK in the 
relevant section of document WT/ACC/KAZ/50. 
5. In order to conduct its monetary policy, th e National Bank provided loans to commercial 
banks; accepted deposits in nationa l and foreign currencies; undertook interventions on the foreign 
exchange market; issued short-term notes; conduc ted open market operations with securities; and 
provided commercial bills refinancing.  The in struments used by the NBK for the conduct of 
monetary policy included setting of the official refinancing rate and inte rest rates on principal 
operations, as well as establishing of minimum reserve requirements.  At present, the official 
refinancing rate was 11 per cent.  The minimum rese rve requirement was calculated as a percentage of 
the banks' total standby commitment (foreign liabi lities less foreign reserve assets plus internal 
liabilities) less liabilities to other banks; it was curre ntly set at 6 per cent for internal liabilities and 
8 per cent for other liabilities.  In exceptional cases, when it was not possible to slow down 
inflationary pressures by indirect methods of mone tary regulation, the NBK had the right to introduce 
direct quantitative restrictions for certain operations .  However, since the introduction of the national 
currency in 1993, the National Ba nk had not applied maximum interest rates on transactions, and 
since 1995, no restrictions on the volume of credit existed.  WT/ACC/SPEC/KAZ/9/Rev.2 
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  6. She noted that in view of the transition to Eu ropean Union standards, the NBK had shifted its 
policy to inflation targeting.  The National Bank had developed a "transmission mechanism model", 
which would allow assessment of core inflation dynamics  in response to changes in  interest rates, thus 
increasing transparency and public confidence in th e National Bank's monetary policy.  The goal of 
the National Bank's monetary policy for 2008 and 2009 was to maintain an a nnual average inflation 
rate within the range of 7.9-9.9 per cent and 7.5-9.5 per cent respectively.   
7. In response to questions on the currency regime , the representative of Kazakhstan stated that 
the liberalization of currency regulation and cont rol, including elimination of excessive barriers 
affecting operations with foreign assets of resident s, would be a major goal for her Government.  
To control risk related to curre ncy operations, Kazakhstan intended to develop efficient prudential 
regulation and risk management tools used by ba nks, pension funds and insurance companies.  
8. Asked to provide information on Kazakhstan's tax system, the representative of Kazakhstan 
pointed to the 2001 Tax Code.  The central objectiv es of Kazakhstan's tax policy were to increase 
state budget revenue through expansion of the tax base , to encourage citizens to declare their income, 
and to stimulate consumer demand by reducin g the overall tax burden.  Accordingly, as of 
1 January 2004, the Government had ef fectively reduced the rate of indi vidual income tax.  It had also 
introduced preferential tax treatment for industries in vesting in the petrochemical sector and it had set 
up a special tax treatment for companies operating in Special Economic Areas which invested in the 
start-up and development of new technology industri es, the development of highly efficient methods 
of production, and the manufacturing of innovative products.  The main taxes introduced by the new 
Tax Code included (rates as of 1 January 2008): co rporate income tax (30 per cent), social tax 
(13-5 per cent, according to a regressive scale), i ndividual income tax (10 per cent), property tax 
(1 per cent), and value added tax (13 per cent, and 12 per cent as of 1 January 2009) .   
9. The social tax was a contribution by employers, levied on the basis of income, received by 
their employees, which was used to cover for the so cial needs of the population.  The social tax was 
applied to resident juridical persons, non-resi dent juridical persons (conducting business in 
Kazakhstan through permanent establishment, bran ches and representative offices), private notaries 
and lawyers, as well as individual entrepreneurs.  According to a regressive scale, as an employee's 
income increased, lower incremental rates would appl y for given threshold levels of income.  Thus, 
the social tax rate for residents and non-residents  varied from 13 per cent to 5 per cent. 
10. The representative of Kazakhstan added that since 2004 Kazakhstan had also introduced a 
new tax regime for oil operations designed to incr ease state budget revenues.  This tax regime only 
applied to new contractual obligati ons and did not have retroactive force.  Taxes were imposed on WT/ACC/SPEC/KAZ/9/Rev.2 
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  subsurface users (taxpayers involved in mineral exploration and extraction activities) according to 
either of two tax regimes:  (i) Model 1, according to which the subsurface user was subject to taxes 
and obligatory payments stipulated in the Tax Code, except for Kazakhstan's share under production 
sharing (highly profitable subsurface users under Subs urface Use Contracts were subject to an excess 
profit tax); or (ii) Model 2, which proposed a regime in which the subsurface user would pay 
(transfer) Kazakhstan's share under the production sh aring, as well as all taxes and obligatory budget 
payments stipulated in the Tax Code, except for the rent tax on the export of crude oil and gas 
condensate, excise tax on crude oil and gas condensat e, excess profit tax, land tax, and property tax. 
11. Asked to provide information on the main s ources of state revenue, as well as the main 
expenditures, the representative of Kazakhstan said that state budget receipts for 2007 had represented 
22.8 per cent of GDP.  Tax revenue had accounted fo r 92.4 per cent of total budget revenue in 2007 
with corporate income tax (39.5 per cent), value adde d tax (17.1 per cent) and social tax (8.1 per cent) 
representing the main revenue sources.  Taxes levi ed on international trad e – including customs 
duties, customs duties which applied at a uniform  rate for goods imported by natural persons, and 
charges for customs services rendered (excluding VAT , excise and other taxes) – had accounted for 
4.1 per cent of overall tax revenue.  Main expend itures were directed to wards social assistance 
(16.1 per cent of overall expenditures), educati on (14.6 per cent), transport and communications 
(9.9 per cent), and healthcare (9.6 per cent).  Th e budget deficit in 2009 was expected to remain below 
1 per cent of GDP. 
12. She further noted that the Budgetary Code No. 548 of 24 April 2004, which entered into force 
on 1 January 2005 (replacing Law No. 357 "On Budget ary System" of 1 April 1999), laid down the 
basic provisions and principles of the budgetary system and introduced the use of medium-term 
budgetary planning.  The Budgetary Code was aime d at further improving the budgetary process by 
strengthening the control mechanisms for budgetary  planning and implementation, as well as through 
the development of intra-budgetary relations that were based on a clear di vision of responsibilities 
among government bodies.  She added that the intr oduction of a medium-term fiscal policy package 
for 2008-2010 had allowed the government to pursue budgetary policies consistent with its social and 
economic development plan.  Priority sectors fo r the allocation of budgetary resources included 
agriculture, social development, health, education,  research and development, and the preservation of 
cultural/historic heritage.  The gr adual reduction of the budget defic it and the restructuring of the 
national debt would remain  important policy goals.  WT/ACC/SPEC/KAZ/9/Rev.2 
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  - Foreign exchange and payments 
13. The representative of Kazakhstan stated that  Kazakhstan had accepted the obligations of 
Article VIII of the IMF Agreement and had establis hed full current account convertibility in 1996.  
Foreign exchange and payments transactions we re governed by Law No. 57 "On Currency Regulating 
and Currency Control" of 13 June 2005 and th e "Rules on Currency Transactions" approved by 
Resolution No. 134 of the Board of the National Bank of 29 October 2005.   
14. Asked about fees or restrictions associated with the acquisition of foreign currency, the 
representative of Kazakhstan replied that the acquis ition (sale, exchange) of foreign currency was 
conducted only through authorized banks, authorized  institutions or their exchange offices.  All 
resident and non-resident juridical and natural pe rsons were free to purchase foreign currency on the 
domestic currency market with no restrictions (the li mitations applicable to resident juridical persons 
had been eliminated on 1 January 2007).  She held  the view that the existing legislative framework 
was not trade restrictive for legally estab lished trade-related transactions.    
15. Resident and non-resident natural persons could export/import national and/or foreign 
currency in cash equivalent to US $3,000 with no restrictions.  A manda tory declaration had to be filed 
with the customs authority for the import/export of c ash sums exceeding the equivalent of US$3,000.  
For cash sums exceeding the equivalent of US$10,000 , natural persons had to submit to the customs 
authorities proof of the legal origin of the amount exceeding the limit (i.e. cu stoms declaration for the 
import of the foreign currency in cash; income tax return).  The export and import of payment 
documents, such as bills and checks, was not subject to any restrictions.  Resident and non-resident 
natural persons were treated equally with respect  to the export of foreign currency.      
16. Some members of the Working Party expressed concerns regarding the large quantity of 
licensing requirements for foreign exchange operations  under the current legislation, some of which 
could complicate normal trade transactions, and asked  for specific information on Kazakhstan's plans 
to liberalize its foreign exchange regime.   
17. The representative of Kazakhstan replied that  Law No. 57 "On Currency Regulating and 
Currency Control" of 13 June 2005 had implemente d the Currency Regime Liberalization Concept by 
reducing the list of capital account transactions su bject to licensing and by removing licensing 
requirements on capital account transactions as of 1 January 2007.  She added that payments and 
money transfers for transactions  between residents and non-reside nts could be conducted in any 
currency, through authorized banks, and accompan ied by required documents.  The term for 
transferring payments related to e xports and imports to an authorized Kazakhstani bank was no longer WT/ACC/SPEC/KAZ/9/Rev.2 
Page 6  
 
  limited to 180 days or subject to licensing; in stead the term was determined by the timeframe 
stipulated in the foreign trade contract.  
18. With regard to current account transactions, sh e noted that payments and money transfers 
between residents and non-residents could be condu cted without any restrictions as long as such 
operations were performed through authorized banks.   Previously, Article 3 of the Law "On Currency 
Regulation", had authorized the President to restrict  or suspend any currency transactions in order to 
implement international obligations and in emergency situations.  However, this provision had been 
discontinued with the adoption of Law No. 57-III "O n Currency Regulating and Currency Control" of 
13 June 2005.  In accordance with Ar ticle 32 of this Law, a restrict ion on currency transactions could 
only be introduced when necessar y to secure Kazakhstan's economic safety and the stability of its 
financial system.  This special pe rmission regime would only be intr oduced if the situation could not 
be remedied through the use of other economic policy instruments, and would only apply until the 
threat was eliminated.  The President, upon joint co nsultations with the Government and the National 
Bank, had the authority to introduce this regime, est ablish relevant procedures and criteria, and define 
the list of financial transactions that could not ta ke place without a special permission.  The special 
permission would be issued by the National Bank provided that the financial transactions would 
prevent a threat to human life and health, ensure national security, fulfil international obligations, or 
which would significantly improve the balance of  payments and the domestic currency market.  
Specific criteria and procedures for the introduction of  this regime had not been established as it was 
difficult to predict what could cause a threat to the economic safety and financial stability of the 
country.  She held the view that this system was in compliance with the WTO Agreements and did not contradict obligations in relation to the IMF.  In  reply to a specific question, she said that surrender 
requirements had been introduced temporarily from April to December 1999 during the transition to a 
new exchange rate regime.  Since th en, no restrictions had been imposed. 
19. Concerning payments and money transfers for cap ital account transactions, she said that as of 
1 January 2007, licensing was only required for ac tivities with currency valuables – retail trade and 
rendering services for foreign currency in cash, as well as for foreign exchange transactions in cash.  
When the National Bank approved the submitted docum ents and the operation w as deemed consistent 
with the relevant requirements, the licence was issued  within one month of the date of receipt of the 
last required document.  No deposit requirements were necessary to obtain a licence.  The licensing 
was purely procedural and the regulator could not refuse an application on grounds of the economic 
viability of the operation or the financ ial capacity of the resident.     WT/ACC/SPEC/KAZ/9/Rev.2 
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  20. She added that, pursuant to Law No. 57 "On Cu rrency Regulating and Currency Control" of 
13 June 2005, registration with th e National Bank was required for the following transactions between 
residents and non-residents:  (i) commercial cr edits for a period exceeding 180 days, except for 
commercial loans with transaction IDs formally regi stered for the entire amount of the Agreement; 
(ii) direct investment; (iii) financial loans for a term exceeding 180 days, including financial leasing; 
(iv) acquisitions of an exclusive right to intellect ual property; and (v) transfers of money and other 
property while fulfilling obligations as a participant of a joint partnership.  Registration or notification 
with the National Bank was applicable only to residents and was required only for capital account 
transactions resulting in receipts exceeding the equivalent of US$300,000, or for transfers from 
Kazakhstan exceeding the equivalent of US$50,000.  To register, the resident needed to submit a 
standard application form, a copy of the currenc y transaction contract, a copy of the relevant 
identification documents (personal ID for natura l persons, taxpayer identification document, state 
registration certificate for juridical persons), and a confirmation of the incurrence, implementation and 
discharge of liabilities pursuant to the currency cont ract.  Applications were addressed to the local 
branch of the National Bank at the resident's place of permanent residence.  A registration certificate 
was issued free of charge within ten working da ys.  The certificate was valid until the complete 
discharge of liabilities by the parties to the Agreem ent.  Registration could only be refused if the 
information provided was incomplete or inaccurate, or  if the foreign trade operation was inconsistent 
with Kazakhstan's legislation.  For currency transac tions subject to registration, residents had to 
present the registration certificate to the bank in or der to make a payment.  Non-residents making 
direct investments in Kazakhstan could export their investments and the proceeds from these investments without any restrictions.  She stressed  that registration did not amount to a "permission 
requirement" and was required only for statistical monitoring.  In addition, the registration requirements for certain currency transactions had be en replaced by a notification regime according to 
which residents (or the Kazakh bank involved in the transaction) submitted a notification to the 
National Bank after signing the currency contract, but  no later than seven days of the start of 
implementation of liabilities by one of the parties.  A confirmation of notification was issued free of 
charge within ten working days.  The notifica tion regime extended to (i) banking operations, 
including financial loans and direct investme nt; (ii) operations with securities under broker 
services Agreements with a resident broker (applicable  to the broker); (iii) operations with financial 
derivatives; (iv) the acquisition of real estate ri ghts; (v) residents opening foreign banks accounts. 
21. Some members of the Working Party asked th e representative of Kazakhstan to clarify the 
term "resident" for the purpose of licensing and registration with the National Bank.  In response, the 
representative of Kazakhstan said that according to Article 1 of the Law "O n Currency Regulating and 
Currency Control", "residents" were defined as (i ) citizens of Kazakhstan, including those located WT/ACC/SPEC/KAZ/9/Rev.2 
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  temporarily abroad or those on state service abroad , but excluding those permanently resident abroad 
(with a permit issued by the foreign state); (ii) foreigners and stateless persons with a document 
entitling them to permanent residence in Kazakhsta n; (iii) all juridical persons, established under 
Kazakhstani legislation and located in Kazakhstan,  as well as their branches and representative offices 
located in either Kazakhstan or abroad; and (iv) di plomatic, trade and other o fficial representatives of 
Kazakhstan abroad.   Accordingly, "non-residents" were define d as all natural a nd juridical persons, 
their branches and representative offices, which were not designated as "residents".  Branches and 
representatives of foreign juridical persons, working on the territory of Kazakhstan, were considered 
as non-resident.  She noted that licensing and regi stration requirements applied only to residents 
involved in a transaction (and not to non-residents). 
22. A member of the Working Party asked whether the IMF had given its approval regarding the 
use of licensing requirements.  In response, th e representative of Kazakhstan said that Kazakhstan 
submitted regular reports on its currency regime to the IMF.  The IMF had not expressed any 
concerns regarding Kazakhstan's compliance with th e IMF Articles of Agreement, and in particular 
Article VIII. 
23. Some members of the Working Party enquired how enterprises acquired rights to deal in 
foreign exchange, whether foreign enterprises were eligible to become licensed banks or exchange 
points, and whether enterprises other than banks  could be approved.  The representative of 
Kazakhstan replied that operations with foreign currency, including those on behalf of clients, were 
performed by second tier banks and ot her financial institutions licensed by the Agency for Regulation 
and Supervision of the Financia l Market and Financial Organiza tions, established to exercise 
regulatory and supervisory functions in relation to financial market institutions by Presidential Decree 
No. 1270 "On Further Improvement of the Public  Management System" of 31 December 2003.  
On the other hand, licenses for dealing with forei gn exchange were issued by the National Bank to 
juridical persons solely involved in foreign exchan ge (exchange points).  Any Kazakhstani juridical 
person could set up an exchange bureau by establishi ng a subsidiary juridical person solely involved 
in foreign exchange.  A foreign natural person or fo reign juridical person was not eligible to become a 
licensed exchange point, but a partially or fully foreign-owned juridical pe rson of Kazakhstan could 
become one.  Thus, any bank established as a juri dical person in Kazakhsta n (even if 100 per cent 
foreign-owned) was eligible to become an authorized bank (licensed bank).  Branch and 
representative offices of foreign banks, however, were  not allowed to deal in foreign exchange until 
they were registered as juridical persons in Kaza khstan.  The representative of Kazakhstan noted that 
a firm could engage in barter  import/export of goods, without d ealing in foreign exchange.    WT/ACC/SPEC/KAZ/9/Rev.2 
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  24. Regarding the use of transaction passports (see  section on "Other customs formalities"), the 
representative of Kazakhstan said that this document w as used for keeping a statistical record and for 
monitoring foreign trade; the transaction passports did not, in her view, constitute a trade restriction.  
She emphasized that the key function of the transac tion passport was to assign a special identification 
code to the foreign trade contract.  This code provided information on the principle terms of the 
contract and allowed to verify the consistency of  the trade operation with related currency flows.  
Since 1 January 2007, the procedures for obtaining a transaction passport had been significantly 
simplified by centralizing the application process (the transaction passport was now only issued by the 
commercial bank of the exporter or importer) and elim inating a number of requirements for additional 
information.  She noted that transactions registered with passports did not require further registration.  
Therefore, she held the view that, any duplication or additional burden on trade had been eliminated.  
A comparative table describing the simplification of  the transaction passport regime is provided in 
Annex 10(b).   
- Investment regime 
25. The representative of Kazakhstan stated that  her country had developed a sound legal 
environment which had helped the country attract so me US$69 billion in foreign direct investment for 
the period 1993-2008.  In Apr il 2008, Standard and Poor's ha d confirmed Kazakhstan's foreign 
currency sovereign credit rating at " ВВВ -A3", its short-term foreign currency credit rating at " А3", 
and its domestic currency credit rating at " ВВВ /А3".  She noted that Kazakhstan had become the first 
CIS member-state, to receive an "investment-grade " credit rating from all three leading international 
credit rating agencies.   
26. She said that important legislation implementi ng international norms a nd standards had been 
enacted, including Law No. 373 "On Investments" of  8 January 2003, the Tax Code of 12 June 2001, 
Customs Code No. 401 of 5 April 2003, Insurance Law No. 126 of 18 December 2000, Law No. 232-1 "On Unfair Competition" of 9 June 1998, Law No. 272 "On Natural Monopolies" of 
9 July 1998, Law No. 2350 "On Oil" of 28 June 1995,  Law  No. 2828 "On Subsurface and its Use" of 
27 January 1996, the Civil Code (General Section)  of 27 December 1994, the Civil Code (Special 
Section) of 1 July 1999, banking laws and regula tions, and intellectual property rights legislation. 
27. She also noted that the legal basis governing Kazakhstan's investment policy was provided by 
the Law "On Investments" of 8 January 2003, which had replaced Law No. 266-XIII "On Foreign 
Investments" of 27 December 1994 and Law No. 75-I "On State Support of Foreign Investments" of 
28 February 1997.  Subsequently, the Law "On Inv estments" had been amended by Law No. 11-III 
"On Amendments and Addenda to Le gislative Acts of the Republic of Kazakhstan on Taxation" of WT/ACC/SPEC/KAZ/9/Rev.2 
Page 10  
 
  13 December 2004, Law No. 48 "On Amendments and Addenda to Legislative Acts of the Republic 
of Kazakhstan on Investment Issues" of 4 May 20 05, Law No. 125 "On Ame ndments and Addenda to 
Legislative Acts of the Republic of Kazakhstan on Issues of Entrepreneurship" of 31 January 2006, 
and Law No. 230 "On Amendments an d Addenda to Legislative Acts of the Republic of Kazakhstan 
on Issues of Protection of Minor Investors Rights" of 19 February 2007.  The Law "On Investments" 
defined investment as all kinds of property (ex cept for goods destined for personal consumption), 
including leased objects as of the date of the lease Ag reement, investments in the charter (registered) 
capital of juridical persons, or contributions to fi xed assets used in entrepreneurial activities.  Legal 
protection of investments included full and uncond itional protection of the rights of investors; 
guarantee of indemnity for damages suffered by in vestors as a result of non-compliant norms being 
issued, and unlawful commissions or omissions of pub lic officials; guarantee of the stability of the 
terms and conditions of Agreements  concluded between investors and state agencies; a guarantee for 
investors to use income at their full discretion; guaranteed protection of investors' rights in case of 
nationalization and expropriation; and investment  dispute settlement regulations, including the 
possibility of international arbitration.  Monito ring procedures for implementation of investment 
projects and adherence to reporting requiremen ts by investors had also been introduced. 
28. She added that the new mechanism for providing state support for investments in the non-
mineral sectors of the economy offered a number of considerable advantages.  In her view, the Law 
"On Investments" adhered to the principles of na tional treatment and non-discrimination, creating a 
level playing field for both domestic and foreign investments.  In particular, preferences were 
available to both domestic and foreign investors.  In addition, the Law simplified the procedure for 
granting preferences, reducing significantly the peri od for processing applications (30 business days).  
The Law "On Investments" did not set minimum ca pital requirements for foreign investment, thus 
expanding its scope of application to small and medium-sized enterprises.  Investment incentives were 
granted provided that (i) the investment activity  was included in the list of priority sectors; 
(ii) an investment was made to acquire fixe d assets for setting up new or expanding/upgrading 
existing production facilities; and (iii) the appli cation contained sufficient proof of the domestic 
juridical person's financial, technical and or ganizational capability to undertake the project. 
29. The list of priority activities for investment preferences had been approved by Resolution 
No. 436 "On Some Issues of Enforcing the Law 'O n Investments' of 8 May 2003", as amended by 
Resolutions No. 152 of 18 February 2005, No. 925 of 17 September 2005, No. 1267 of 
21 December 2005 and No. 861 of 7 September 2006.  The list included 245 types of activities.  
Conditions and requirements for rece iving tax preferences were described in Article 15 of the Law 
"On Investments".  Priority investment activities are listed in Annex 2.  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 11 
 
 
  30. The authorized state agency in charge of investments in the non-mineral sectors of the 
economy was the Investments Committee under the Mini stry of Industry and Trade.  Decisions 
concerning investment preferences and possible extensi ons to their terms were taken by the authorized 
state agency – the agency could grant investment  tax preferences, customs duties exemptions for 
imported goods, and in-kind state grants.   
31. Investment tax preferences could take the form of corporate income tax preferences, property 
tax preferences, and land tax preferences.  Corpor ate income tax preferences entitled the taxpayer to a 
full tax exemption or to a gradual deduction from a ggregate annual income of the cost of fixed assets 
commissioned in the framework of the investment project.  This deduction was carried out in equal 
parts throughout the term of the preferential tr eatment, but for no more than five years.  
The 30 per cent corporate income tax was assessed on  the basis of the taxable income of taxpayers 
(juridical persons), as adjusted, less losses incurred.   In addition, an exemption from the payment of 
corporate income tax applied to newly establishe d taxpayers which were exclusively involved in 
investment projects establishing new types of manufact uring.  In this case, the terms of the corporate 
income tax preferences depended on the volume of investments made into fixed assets and on the 
project payback period, the maximum term being ten years.  Property tax preferences could be granted 
for a maximum of five years and exempted the ta xpayer from the payment of property tax on the fixed 
assets newly commissioned under the respective investme nt project.  These preferences were aimed at 
developing new, as well as expanding and modern izing existing production capacities.  Juridical 
persons calculated property tax at the rate of one  per cent of the average annual value of taxable 
objects.  Land tax preferences could be granted for up to five years and exempted the taxpayer from 
tax payable on plots of land used in the framework of the investment project.  Different types of land were taxed differently and were subdivided into th ree categories – agricultural lands, populated lands 
and industrial lands.  Rates were set accordi ng to area size, soil quality and yield class.   
32. Customs duties exemptions on equipment/com ponents imported for the implementation of 
investment projects were granted for a period of up to five years.  The conditions imposed on 
investors for receiving these exemptions had been e liminated pursuant to La w No. 48 of 4 May 2005. 
33. In-kind state grants were granted in the fo rm of land plots, buildings, machinery and 
equipment, computational devices, measuring and re gulating units, transportation vehicles (except for 
automobiles), industrial and household tools.  The au thorized body, with the approval of the relevant 
state agencies, would confer in-kind state grants for either ownership or temporary use.  Such grants 
would be transferred into private ownership only wh en all obligations under the investment contract 
had been fulfilled by the investor.  In-kind state grants were assessed at th eir market value, the WT/ACC/SPEC/KAZ/9/Rev.2 
Page 12  
 
  maximum amount not exceeding 30 per cent of the volume of investments made in the fixed assets of 
a given juridical person.  Juridical persons that ha d received fixed assets in the form of in-kind state 
grants were not entitled to any investment tax preferences.   
34. In addition, pursuant to Article 224-2 of the Tax Code and Resolution No. 1075 of 
11 November 2006, a number of investors benef ited from VAT exemptions on imports within the 
framework of subsurface use contracts – namely , joint venture "Arman"; "Maersk Oil" Gmbh, 
Kazakhstan; "Kazgermunai" Ltd; "Kuatamlonmunai"  Ltd; "Agip CCO", Kaza khstan; joint venture 
"Tengizshevroil"; and joint venture "Kazakhturkmunai" Ltd.  In reply to a specific question, she said 
that the turnover of goods sold by investors in  Kazakhstan was subject to the payment of VAT.   
35. The representative of Kazakhstan added that according to Article 3 of the Law "On 
Investments", foreign investment activities could be limited or banned in cer tain areas due to national 
security considerations.  Pursuant to Article  5 of Law No. 451-1 "On the Mass Media" of 
23 July 1999, foreign natural and juridical persons were  not allowed to directly or indirectly own, use, 
or manage more than 20 per cent of the capital of a mass media enterprise in Kazakhstan.  Pursuant to 
Article 5 of Law No. 85-II "On Guarding Activities"  of 19 October 2000, foreign juridical persons, 
domestic juridical persons with fo reign participation, as well as fo reign and stateless individuals, 
could not engage in security and safety (guard ing) activities.  However, consulting services on 
infringement protection had been excluded from th e coverage of the Law "On Guarding Activities".  
Pursuant to Law No. 233 "National Security" of 26 June 1998, foreign participation in the capital of 
companies providing long distance and/or inte rnational telecommunication services using fixed 
communication networks (cable, optical fibre, radio re lay) was limited to 49 per cent.  This limitation  
did not apply to operators of m obile, satellite and local communicati ons and had been introduced to 
protect the national security interests of Kazakhsta n.  She added that Law No. 204 "On Amendments 
to the Law of the Republic of Kazakhstan 'On Arch itectural, Town-building and Construction Activity 
in the Republic of Kazakhstan'" had eliminated th e 49 per cent foreign equity cap in architectural, 
urban development a nd construction services joint ventures.   
36. She also noted that pursuant to Article 36 of Law No. 136-I "On Pensions in the Republic of 
Kazakhstan" of 20 June 1997, the total charter (re gistered) capital of pension funds with foreign 
capital participation could not exceed 25 per cent of th e aggregate charter capital of all pension funds 
in Kazakhstan.  For investment management comp anies managing pension assets, this figure was set 
at 50 per cent.  In addition, at least one third of the Board of Directors of such pension funds or investment management companies had to be made up of Kazakhstani nationals.  However, she noted 
that the provisions of Law No. 107-III "On Amendm ents and Addenda to Legislative Acts of the  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 13 
 
 
  Republic of Kazakhstan on Issues of Licensing and Consolidated Supervision" of 23 December 2005 
and Law No. 128-III "On Amendments and Addenda to  the Legislative Acts of the Republic of 
Kazakhstan on Insurance" of 20 February 2006 ha d eliminated similar restrictions on foreign 
participation affecting banks and insura nce/reinsurance companies.       
37. A member of the Working Party questioned the rationale of the system described in the 
preceding paragraph, noting that the chosen method for restricting foreign participation in pension 
funds (and previously banks and in surance/reinsurance companies) was effectively an investment 
barrier incompatible with the WTO.  This member  of the Working Party observed that, according to 
this system, if there was no considerable domestic investment in the sector concerned, no foreign 
investment would be allowed either.  In respon se, the representative of Kazakhstan said that the 
method of restriction on foreign participation in pension funds and investment management 
companies managing pension assets allowed to main tain a balance between domestic and foreign 
investors.  She held the view that this met hod was more conducive to attracting foreign direct 
investment than the usual method of limiting the dir ect percentage of ownership in an individual 
company since it provided an opportunity for foreign investors to own 100 per cent of a given 
company.  
38. She added that investment preferences were not conditioned on export promotion or use of 
local materials, with the exception of the auto mobile sector.  Specifically, to facilitate the 
development of the automobile industry, Kazakhs tan had implemented a "f ree warehouse" regime, 
which had introduced local content requirements a nd new rules of origin for the use of imported 
goods (inputs) by automobile producers.  If the finished product contained 50 to 90 per cent domestic components during the first six years of production, it was considered as wholly obtained in Kazakhstan.  In turn, domestic goods benefited fo rm VAT and import duty exemptions.  Currently, 
only JSC "AZIA-AUTO" benefited from exemptions under this regime until 2009.  She added that 
Kazakhstan was in the process of preparing amendmen ts to its legislation which would bring the "free 
warehouse" regime into compliance with Article  III of the GATT 1994, as well as the Agreement on 
Trade-Related Investment Measures and the Ag reement on Subsidies and Countervailing Measures 
(see also "Trade-related investment measures"). 
39. She noted that pursuant to Article 23 of La nd Code No. 442-II of 20 June 2003, foreign 
citizens and juridical persons, could privately own land plots, which contained industrial and non-
industrial facilities, including residential build ings and facilities and their compounds, and lands 
intended for servicing buildings and facilities.  Th ey could not, however, own lands intended for 
commercial agricultural production and forestry, their ri ghts to these lands being limited to a ten year WT/ACC/SPEC/KAZ/9/Rev.2 
Page 14  
 
  temporary land lease (they could, however, rent th e land for a maximum period of ten years).  The 
rights of foreign countries to use land in Kazakhstan were regulated by ratified 
international Agreements which prev ailed over domestic legislation.   
40. In response to questions on the existence of any restrictions or conditions, which did not 
apply to domestic juridical persons, but were a pplicable to foreign-owned juridical persons of 
Kazakhstan investing in land or l easing subsurface rights, the represen tative of Kazakhstan said that 
all restrictions applied equally to domestically-owned Kazakh juridical persons.  She added that 
Article 71 of the Law "On Subsurface and its Use" had been amended in line with the provisions of 
the Law "On National Security" which stipulated that  economic security extended to the preservation 
and strengthening of the energy resources of Ka zakhstan.  According to these amendments, the 
Government of Kazakhstan had the priority to purch ase the rights to subsurface utilization, when sold 
by their current holder, on terms not less favourable than those proposed by other buyers.    
- State ownership, state-trading entities and privatization  
41. The representative of Kazakhstan said that state property management policy was regulated by 
Law No. 2335 "On State Enterprises" of 19 June  1995, Law No. 2721 "On Privatization" of 
23 December 1995, Law No. 415-II "On Joint Stock Companies" of 13 May 2003, the Law 
"On Limited and Additional Liab ilities Partnerships" of 22 April 1998 and the Civil Code.  State 
property was privatized in accordance with the La w "On Privatization", as well as other laws listed 
above.  The provisions of Law No. 124-III "On Pr ivate Entrepreneurship" of 31 January 2006 
guaranteed the freedom of private entrepreneurship ; inviolability and protection of private property; 
equal rights to private entrepreneurial activity; and the participation of private entrepreneurs in the 
elaboration of the regulatory framework for private sector development.  In  addition, Kazakhstan had 
adopted Law No. 321 "On Amendmen ts and Addenda to Certain Le gal Acts of the Republic of 
Kazakhstan on the Issues of State Interests in th e Sphere of Economy" of 7 August 2007, which had 
amended the Civil Code and the Law "On National Security of the Republic of Kazakhstan" of 
28 June 1998.  Specifically, these amendments had inter alia  defined the term "strategic entities", 
established a list of entities that could be defined as strategic, defined the priority right of the 
Government to purchase such entiti es at market prices when sold by private owners, and empowered 
the Government to establish the list of strategic entities.  
42. State enterprises were defined by Law No. 2335 "On State Enterprises" of 19 June 1995 as 
enterprises established with the objective to address the social and economic needs of society and the 
state.  Other relevant legislation included Artic les 102 to 104 of the Civil Code and Law No. 321 
"On Government Procurement" of 16 May 2002.  State enterprises were established to (i) support the  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 15 
 
 
  defence capability of the state and protect the in terests of society; and (ii) produce essential goods 
(works, services) in the social sectors of the ec onomy, where the private sector was absent or not 
sufficiently present.  The property of state enterprise s was owned and controlled by the state.  State 
enterprises could operate on the basis of an "ec onomic management right" or an "operating right" 
(state institutions).  State enterprises could be subdivided into national state enterprises (NSEs) – 
characterized by their national ownership and estab lished by the Government or the National Bank; 
and communal state enterprises (CSEs) – characteriz ed by their communal ownership and established 
or authorized by local executive bodies (and fi nanced through local budgets).  There was no 
difference in the type of governance or permissi ble activities between these two categories of state 
enterprises.  She added that while state enterp rises were required to accept and fulfil procurement 
contracts signed with the Government, they were  free to trade in other products independently.  
In May 2008, there were 4,678 state enterprises, in cluding 314 NSEs and 4,364 CSEs.  A list of state 
enterprises, by sphere of economic activ ity, is provided in Table 1.   
Table 1: State enterprises by sphere of activity (June 2008)  
Sphere of activity NSEs  CSEs Share (%) 
Science and Education 100 1,787 40 
Healthcare 32 1,123 24 
Culture, Tourism and Sport 42 726 16 
Media 1 120 2 
Agriculture 35 31 1 
Municipal and housing capacity  430 9 
Transport 14 36 1 
Architecture, town planning, construction - 46 1 
Connection 1  0 
Industry 6 - 1 
Real estate centres 16 - 1 
Cartography 10 - 1 
Penal colonies 17 - 1 
Finance 6 - 1 
Other* 34 65 1 
Total 314 4,364 100 
 
43. Joint-stock companies (JSCs) and limited liability  partnerships (LLPs), with full or partial 
state ownership, were profit-generating commercial entities free to operate in any field of activity, 
These companies were governed by the provisions of  the Law "On Joint Stock Companies" and the 
Civil Code.  As such, they operated on a different lega l basis and could not be considered to be "state 
enterprises", even if 100 per cent state-owned.  The state could own shares of such companies, but not 
their property, which remained in private ownershi p (Civil Code, Article 34).  The influence of the 
state in the decision-making process of such compan ies corresponded to that of a shareholder and was 
proportional to its equity participation (e.g. a minority  equity share could not reverse the decisions of WT/ACC/SPEC/KAZ/9/Rev.2 
Page 16  
 
  the Board of Directors).  Article 13 of the Law "On Joint Stock Companies" provided for the 
introduction of a golden share by decision of the shareholders, however, th e government did not own 
any such share at present.  The introduction of gol den shares in JSCs listed on the stock market was 
prohibited.  The Government could only set the prices and volumes of purchases and sales in transactions/operations involving th e JSC as an agent for carrying out certain market operations, such 
as procurement.  The state owned shares in 460 JSCs and LLPs, including 148 companies with 
Government participation and 312 companies with  the participation of local executive bodies.  
State enterprises and JSCs in which the state wa s a majority shareholder are enumerated in 
Annex 3(a). 
44. National companies were defined by Law No. 415 "On Joint Stock Companies" of 
13 May 2003 as joint-stock companies established by a Decision of the Government, in which the 
state, or a national holding company, had a majority stake.  These companies operated in strategically 
important sectors of the economy.  Twelve joint-stock companies had the status of national companies 
(Annex 3(b)).  
45. State monopolies were established in the form of state enterprises.  State monopoly activities 
were defined in the Laws "On Safeguarding Activ ity", "On Regulation of Trading Activity", "On 
Veterinary", "On Trademarks, Service Marks and A ppellations of Origin of Goods", "On Protection 
of Selective Achievements", "On Plant Protecti on", "On Government Procurement", as well as the 
Patent Law and the Forestry Code.  At present, state monopolies only existed in certain specific 
services sectors and, although Kazakhstan's legislati on provided for the possibility to introduce a state 
monopoly on the importation or exportation of g oods, there were currently no state monopolies 
engaged in the production and/or trade of goods.  Kazakhstan's legi slation did not prohibit private 
sector participation in sectors where state enterpri ses were present, except in the areas of state 
monopoly.  The Agency on Regulation of Natural Monopolies was in charge of regulating and 
monitoring the activities of state monopolies.  W ith a view to defining a uniform legislative 
framework for state control and regulation of state monopolies, a draft Law "On State Monopoly" had been developed and submitted to Parliament.  The draft Law defined the term "state monopoly" as a 
type of activity where introduction of competiti on was inexpedient for reasons related to the 
protection of the constitutional order, national securi ty, public order, human rights and freedoms, and 
the health of the population.  "A subject of state monopoly" was a state enterprise entitled to an 
exclusive right to provide services (goods, works) in a state monopoly area.  This draft Law would 
also establish a procedure for controlling the co st of services (goods, works) supplied by state 
monopolies.  The draft Law "On State Monopoly" (Ar ticle 4) qualified a number of activities as state  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 17 
 
 
  monopolies.  State monopoly activities, including the list of enterprises concerned, is provided in 
Annex 3(c).    
46. Some members of the Working Party noted that in practical, if not in legal terms, many of the 
enterprises in Kazakhstan appeared to enjoy exclus ive or special privileges.  These members of the 
Working Party requested Kazakhstan to submit a draf t notification prepared in conformity with the 
provisions of Article XVII of GATT 1994.  A member of the Working Party sought a strong commitment from Kazakhstan that state-owned firms operated within WTO provisions and on a commercial basis. 
47. The representative of Kazakhstan replied that st ate-trading enterprises in Kazakhstan operated 
under competitive market conditions.  Her Governme nt had analyzed the enterprises engaged in 
activities that could be covered by Article XVII of GATT 1994 and had identified three enterprises 
that would be subject to notification require ments – the JSCs "Food Contract Corporation", 
"KazAgroFinance" and "Mal Onimderi Korporatsi yasy" (document WT/ACC/KAZ/51, "Notification 
on State-trading Enterprises", refers).  Additi onal information on Kazakhstan's state-trading 
enterprises is contained in Annex 3(d).      
48. The JSC "Food Contract Corporation" was a 100 per cent state-owned company (a subsidiary 
of the national holding JSC "KazAgro"), which had the objective to preserve the safety of state grain resources, thus ensuring Kazakhstan's food security .  The company had been involved in grain 
exportation since 1998, having on average a 12 per cent  share of the total grain exports.  Wheat and 
barley were the main products traded by the co mpany.  The JSC "Food Contract Corporation", as an 
agent of the Government, had the exclusive right  to implement annually-set state budget funds for 
procurement, storage and transportation of state grain resources, as well as for the state realization of resources (stocks for market intervention).  The Government approved the volumes, as well as the 
rules governing grain purchases in such transactions.  The Government did not regulate the conclusion 
and implementation of the company's commercial purchases, sales and exports.  The Government, 
could allocate grain from the state grain resources and reserves as food aid to foreign countries through JSC "Food Contract Corporation".   In  2004-2007, the company had exported a total of 
3,500 tonnes of wheat to Georgia and the Kyrgyz Re public as food aid.  This, in her view, represented 
an insignificant amount.  These exports had been approved by three separate Government Resolutions.  The representative of Kazakhstan said that, in her opinion, JSC "Food Contract 
Corporation" conducted its foreign trade operations in competition with private traders and subject to 
market prices.   WT/ACC/SPEC/KAZ/9/Rev.2 
Page 18  
 
  49. The JSC "Mal Onimderi Korporatsiyasy" was a 100 per cent state-owned company 
(a subsidiary of the national holding JSC "KazAgro ") which had been established in 2001 to support 
domestic producers of agricultural products.  The company was involved in procurement, stocking  
up, processing and delivery to external and domestic markets of cattle-breeding products and livestock.  The company was involved in import/expor t of cattle-breeding pro ducts – notably meat, 
dry milk, cheese, skins and wool.  JSC "Mal On imderi Korporatsiyasy", as an agent of the 
Government, had the exclusive right to administer transactions with state reserves of meat and meat 
products.  In 2001-2003, the market share of th e JSC "Mal Onimderi Korporatsiyasy" in annual 
volume of exports represented 10.2 per cent for wool; cheese products - 13.9 per cent; cattle fell - 
0.7 per cent; semi-finished products - 0.6 per cent; and pork - 24.6 per cent.  The Government did not regulate the purchases and sales of JSC "Mal Onimderi Korporatsiyasy", except for those related to 
state resources.  The company determined the export volumes and prices of its commercial purchases and sales at its own discretion, and in line with world market prices.  The representative of Kazakhstan held the view that the import/export ope rations of JSC "Mal Onimderi Korporatsiyasy"  
were conducted in a free market environment. 
50. The JSC "KazAgroFinance" was a 100 per cent state-owned joint-stock company 
(a subsidiary of the national holding JSC "KazAgro ") which had been established in order to provide 
leasing and financing of agricultural machinery and equipment to agricultural producers and 
processors.  Using state budget funds, the compan y supplied agricultural machinery and equipment, 
including agricultural tractors, harvesters, as well as grain, feed and other combines.  JSC "KazAgroFinance" purchased agricultural machinery on the domestic and international markets 
for subsequent leasing to farmers.  JSC "KazAgr oFinance" had the right to import agricultural 
machinery but had no monopoly, or any other exclus ive rights or privileges, on the import and export 
of agricultural machinery and equipment.  The Go vernment did not regulate the company's import and 
export prices, nor the volume and type of its pur chases of agricultural equipment.  Agricultural 
equipment leasing rates were defined by the Govern ment, which also financed the company's leased 
equipment expenses out of the budget.  The Government did not regulate the execution of the contractual liabilities of JSC "KazAgroFinance". 
51. A member of the Working Party noted that Kazakhstan had acknowledged the existence of 
about 6,000 state-owned enterprises, some of them involved in import-export operations, and enquired 
whether a number of these enterprises would not qualify as state-trading enterprises under the criteria 
set out in Article XVII of the GATT 1994, whether or not "funded by the national budget" or 
operating as monopolies.  This member of the Working Party held the view that Article XVII of the 
GATT 1994 was applicable to state-owned and state- controlled enterprises even without special or  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 19 
 
 
  exclusive privileges and that the liabilities of this pr ovision were also spread to all purchases and sales 
"involving either import or export".  This member  of the Working Party requested Kazakhstan to 
submit a revised notification on state-trading enterprises. 
52. The representative of Kazakhstan replied that, other than JSC "Food Contract Corporation", 
JSC "Mal Onimderi Korporatsiyasy" and JSC "KazAgroFinance", there were a number of companies 
producing industrial pr oducts in which the state was a share holder.  However, these companies were 
not directly involved in import/export activities.  Therefore, she held the view that these companies with state-owned shares did not fall under the pr ovisions of Article XVII of the GATT 1994.  She 
added that, to be covered under the provisions of  this Article, state enterprises had to conduct 
transactions involving export and import.  Furthe rmore, she held the view that the notification 
obligations of Article XVII of the GATT 1994 onl y extended to state-owned and private companies 
which had been empowered with exclusive or special rights or privileges in the exercise of which they 
impacted on the level or direction of imports/exports.    
53. Asked about the operations of state-owned en terprises in the agricultural sector and the 
existence of plans for their privatization, the re presentative of Kazakhstan replied that agricultural 
production was predominantly privately-owned and that major economic activities, such as public 
catering, trade, food and services, were no l onger state-owned.  The JSCs "Food Contract 
Corporation", "KazAgroFinance" and "Mal Onimderi Korporatsiyasy" were operating in the agricultural sector on behalf of the Government.  There were no plans to privatize these companies. 
54. With regard to privatization, the representativ e of Kazakhstan said that the State Property and 
Privatization Committee under the Ministry of Fina nce was the authorized body on privatization in 
Kazakhstan.  Fixed assets of state enterprises, state- owned shares in JSCs, and state participation in 
the charter (registered) capital of LLPs were sold  by decision of the authorized body, with the 
approval of the relevant ministry.  Proceeds from th e sale of state property generated revenue for the 
republican budget.     
55. Concerning the results of the privatization pr ocess in 1991-2005, she said that during this 
period Kazakhstan had held six two- year privatization programs.  Three of the programs had focused 
on large scale privatization.  Since 1999, the focus ha d shifted to effective state property management.  
The last two programs had been developed within the framework of the State Property Management 
and Privatization Concept.  In 1991-2005, some 3,803 JSCs/LLPs ha d been privatized via auctions 
(2,817), tenders (680), direct sales (171) and the st ock exchange (135).  During the same period, the 
sale of property complexes, immovable propert y objects, and unfinished construction sites had 
resulted in 36,034 privatizations.  In 2008, the private sector had accounted for 80 per cent of GDP WT/ACC/SPEC/KAZ/9/Rev.2 
Page 20  
 
  while the overall proceeds from the privatizati on process during the peri od 1991-2004 had totalled 
KZT 323.4 billion.  She added that since 1991, 85 per cent of state property entities (state enterprises 
and JSCs with state-owned shares) had been privatized.   Information on privatization methods used in 
2005, data on results of the 1991- 2005 privatization process, as well as information on the dynamics 
of state property privatization in various sectors of the economy in 2000-2005 is provided in Tables 2, 
3 and 4. 
Table 2: State property privatization methods used in 2005
 
(units) 
Auction Tender Name English Dutch Commercial Investment Stock 
Exchange Direct 
sale Total 
State shares 
(participation) in 
JSCs and LLPs 2 2 5 1 3 3 16 
Property complexes 3 1 2 1 0 2 9 
Other objects 463 709 16 13 0 13 1,214 
Total: 468 712 23 15 3 18 1,239 
 
Table 3: Results of the privatization process, 1991-2005  
Years Privatization of 
property 
complexes, real 
estate property, 
incomplete 
construction, 
transportation and 
other objects 
(units) Privatization of 
state shares in JSCs 
and LLPs (units) Case-by-case 
privatization 
(units) Privatization 
proceeds  
(thousand KZT) 
1991-1992 4,771     165 
1993 153   1 783,989 
1994 2,645   1 1,459,266 
1995 3,239 385 6 7,233,421 
1996 3,526 889 27 31,214,565 
1997 5,641 1,315 48 54,511,449 
1998 2,716 513 11 66,701,804 
1999 2,462 162  0 34,815,880 
2000 1,766 93  0 22,048,029 
2001 2,059 146  0 16,583,078 
2002 1,756 67  0 19,340,183 
2003 2,041 65  0 60,127,949 
2004 2,036 58  0 8,600,547 
2005 1223 16 0 10,795,695 
Total 36,034 3,709 94 334,216,020 
  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 21 
 
 
  Table 4: Dynamics of state property privati zation in various sectors of the economy, 2000-2005  
2000 2001 2002 2003 2004 2005  (units) 
1. Privatized state shares in JSC and LLP, 
total  93 146 67 65 58 16 
Including:       
Industry 34 39 22 16 15 9 
Construction 4 10 3 5 2 1 
Agriculture 9 25 8 3 2 0 
Transportation and communication 15 13 15 4 4 1 
Trade in and repair of household goods 4 11 3 5 3 1 
Finance  4 1  2 0 
Health care  12 4 3 6 0 
Education    8 7 0 
Other objects 27 32 11 21 17 4 
2.  Privatized property complexes, 
immovable property objects, incomplete 
construction, transportation and other 
objects  1,766 2,059 1,756 2,041 2,036 1,223 
Total 1,859 2,205 1,823 2,106 2,094 1,239 
 (per cent of total) 
Industry 36.6 26.7 32.8 24.6 25.9 57 
Construction 4.3 6.8 4.5 7.7 3.4 6 
Agriculture  17.2 11.9 4.6 3.4 0 
Transportation and communication  8.9 22.4 6.2 7.0 6 
Trade in and repair of household goods  7.5 4.5 7.7 5.2 6 
Finance 9.7 2.7 1.5  3.4 0 
Health care 16.1 8.3 6.0 4.6 10.3 0 
Education 4.3   12.3 12.1 0 
Other objects 29.0 21.9 16.4 32.3 29.3 25 
Total 100.0 100.0 100.0 100.0 100.0 100.0 
 
56. She further noted that two-stage tendering an d sales of derivative securities had also been 
introduced.  These privatization methods had been foreseen in the Law "On Privatization" alongside 
other methods such as auctions, tenders and direct  sales.  Most major strategic entities had been 
privatized through tenders, since this method promoted competition between potential 
buyers/investors.  The sale of derivatives was aime d at expanding the range of potential investors and 
raising the profile of Kazakhstani  firms in global capital markets; decisions on the sale of derivatives 
were made by the Government or the relevant lo cal executive body.  Another method of privatization 
had been the "blue chip" Program which had targeted  ten leading companies with state-owned shares  
for further sales, namely "Manghistaumunaigas" , "Aktobemunaigas", "Kazzink", Ust-Kamenogorsk 
Titanium-Magnesium Works, Sokolovsk-Sarybaisk  Mining-Concentrating Production Association, 
"Aluminum of Kazakhstan", the transnational company "Kazchrom", People's Savings Bank of 
Kazakhstan, "Kazakhtelecom" and "Kazakhmys".  Sh e added that "blue chip" shares had been fully 
sold and that no additional "blue chips" companies had been identified.     WT/ACC/SPEC/KAZ/9/Rev.2 
Page 22  
 
  57. A description of the rules and procedures govern ing the privatization process was available to 
the public from the State Property and Privatizati on Committee.  Information was also accessible on 
the internet ( www.minfin.kz
).  Upcoming cash auctions were advertised in the media 30 days prior to 
the auction date, specifying term s and auction procedures.   
58. The representative of Kazakhstan said that K azakhstan was currently in the process of 
distributing state-owned property (some 39 comp anies) among the newly established national 
holdings – JSC Kazakhstan Holding for State Assets Management "Samruk"; JSC Sustainable 
Development Fund "Kazyna"; JSC National Scien tific and Technological Holding "Samgau"; JSC 
"National Holding 'KazAgro'"; JSC National Comp any "Social-Entrepreneurial Corporation 'Sary-
Arka'"; JSC National Company "Social-Entrepreneurial Corporation 'Ertys'"; JSC National Company "Social-Entrepreneurial Corporati on 'Ontustyk'"; and JSC National Company "Social-Entrepreneurial 
Corporation 'Zhetisu'".  Certain strategic industr ies had already been transferred to the newly 
established holding companies, including oil production, electricity production, main-line railway transportation, pipeline transportation, public pos tal services and telecommunications services.  
Concerning the activities of JSC "Samruk" (establis hed by Presidential Decree No. 50 "On Measures 
Aimed at Further ensuring of State Interests in th e Management of State Sector of the Economy" of 
28 January 2006), she said that the State-owned shares of JSCs "Kazakhtelekom", "Kazpochta", 
"KEGOC", "KazMunaiGaz" and "Kaz akhstan TemirZholy" had been transferred to this national 
holding company.  The objective of JSC "Samruk" was to maximize the long-term value of companies 
by improving their corporate management.  To achieve  this, in 2006-7, "Samruk" had worked with its 
assigned companies to elect new members of the Boards of Directors; establish internal audit procedures; adopt new planning structures; develop codes of corporate management on the basis of a 
model code; implement corporate ri sk management systems; automate and unify accounting systems; 
introduce the position of corporate secretary; impr ove personnel policies; and approve key activity 
parameters.  As for JSC Sustainable Developmen t Fund "Kazyna" (established by Presidential Decree 
No. 65 "On Measures on Further Enhancement of  the Competitiveness of the National Economy 
within the Framework of the Industrial-Innova tive Development Policy of the Republic of 
Kazakhstan" of 16 March 2006), she said that its objective was to improve the corporate management 
of Kazakhstani development ins titutions.  State-owned shares in JSCs "Development Bank of 
Kazakhstan", "Investment Company: Investment Fund of Kazakhstan", "National Innovation Fund", 
"Small Entrepreneurship Development Fund", "Sta te Insurance Corporation on Export Credits and 
Investments Insurance", "Centre for Marketing a nd Analytical Researches", and the "Kazakhstan 
Investment Promotion Centre" Ltd. had been transferred to this national holding company.  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 23 
 
 
  59. At present, Resolution No. 483 "On Certain Issues of Republican State Property" of 
11 June 2007 had defined (i) the lists of joint-st ock companies (limited liability partnerships) with 
state-owned shares and state enterprises which woul d be transferred to the competitive market; and 
(ii) the lists of joint-stock companies and state enterprises that were necessary for the fulfilment of 
national objectives.  In addition, Resolution No. 1 219 of 11 December 2007 had approved the lists of 
enterprises with state-owned shares that would be sold on the stock market.  
60. Some members of the Working Party asked th e representative of Kazakhstan to clarify how 
foreign investors could participate in the priva tization programs.  These members of the Working 
Party also enquired whether foreign investors could acquire shares on the secondary market and whether they were eligible to pa rticipate in the investment funds that owned shares in privatized 
companies.   
61. In response, the representative of Kaza khstan said that, according to the Law 
"On Privatization", natural pers ons, non-governmental and forei gn juridical persons could all 
participate in the privatization process, with the ex ception of juridical persons that did not have the 
right to engage in the core business of the compan y that was being sold (pursuant to Kazakhstani 
legislation or as per their respective articles of incorporation).  Foreign investors were accorded 
national treatment when state property was privatized  – including state enterprises, state-owned shares 
in joint-stock companies and state participation in the charter capital of partnerships with limited 
liabilities.  She also stressed that Kazakhstan's le gislation did not discriminate against foreigners 
participating in the privatization process.  She adde d that foreign participants could purchase shares 
on the secondary market, from groups that had previous ly received shares in the privatization of these 
enterprises, provided that such ente rprises were listed on the secondary  market.  However, agricultural 
producers, who had obtained privileges (received shar es in exchange of liabilities) during the first and 
second stages of privatization, could not sell their shares to either foreign or domestic investors until 
their liabilities to the joint stock company had been  paid off.  As for foreign participation in 
investment funds that owned shares in privatized co mpanies, she said that there were no conditions or 
restrictions prohibiting foreign investors from purchasing shares in Investment Privatization Funds (IPFs) once these had been converted into  open-type joint-stock companies. 
62. The representative of Kazakhstan noted that certain areas would be exempted from 
privatization, as approved by Presidential Decree No. 422 of 28 July 2000.  The list included (i) land 
(except for privately owned land under conditions s tipulated by legislation), subsurface and water 
resources, flora and fauna; (ii) natural environmen tal zones under special protection; (iii) military 
organizations and sites essential for national security ; (iv) main-line railroads and highways, as well WT/ACC/SPEC/KAZ/9/Rev.2 
Page 24  
 
  as accompanying engineering structures, part of the international routes network or designed for 
defence purposes; navigable waterways, as well as li ghthouses, navigation devi ces and seamarks that 
ensured safety and regulated navigation; (v) ma inline oil and gas pipelines, and interregional 
electricity networks of 220, 500 and 1,150 kW; (vi)  water reservoirs and hydraulic works, water 
control pivots, dams and water barrages; (vii) first- aid medical organizations operating in rural areas, 
specialized medical centres (maternity welfare,  radiological medicine, oncology, tuberculosis, 
HIV/AIDS and STD centres, blood banks, and mental  asylums), organizations and centres acting as 
the sole provider of medical services in a give n area; (viii) social protection services, children's 
homes, orphanages, nursing homes, rest homes, as  well as hospitals and health resorts for the 
disabled, the war veterans, children, and the el derly; (ix) secondary education institutions; and 
(x) historic and cultural sites protected by the state.  
- Pricing policies 
63. The representative of Kazakhstan said that  Presidential Decree No. 569 "On Price 
Liberalization Measures" of 3 January 1992 (subseque ntly invalidated by Presidential Decree No. 677 
of 4 September 2001) had launched the process of pri ce liberalization in Kazakhstan.  State regulation 
of prices (tariffs) was confined to services provi ded by natural monopolies, state enterprises and 
companies with a dominant (monopolistic) position in given commodity markets.  
64. She said that Law No. 272-II "On Natural M onopolies" of 9 July 1998 had established the 
legal framework for state control of the activities of  natural monopolies.  The Law aimed at balancing 
consumers' interests vis-à-vis  the interests of natural monopolies.   The Law codified the rules of 
conduct of natural monopolies and c ontained a detailed description of  their rights and responsibilities 
(Articles 6 and 7).  The coverage of the Law exte nded to both foreign and domestic juridical persons 
(their branches and representative offices), indivi dual entrepreneurs, public bodies and natural 
persons.  The provisions of the Law, however, did not  extend to individual entrepreneurs and juridical 
persons, engaged in activities classified as natural monopolies, but relating to the construction and 
operation of objects used for their own needs.  Acco rding to Article 3 of the Law, a natural monopoly 
was deemed to exist in a market in which the cr eation of competitive conditions for the provision of a 
particular type of services (goods, works) was not possible or economically viable, due to the 
particular characteristics of the production process used for providing these services.  State regulation 
was implemented through establishing (i) tariff rates (prices, fee rates); (ii) maximum tariff rates; (iii) investment tariffs; (iv) tariff estimates; (v ) temporary compensatory tariffs; (vi) temporary 
decreasing coefficients; (vii) special orders for cost  formation; (viii) separate calculation of revenue, 
expenditures and used assets for each type of regul ated activity; and (ix) coordination of accounting  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 25 
 
 
  policies.  Whereas the Government regulated the pr ice of services subject to a natural monopoly, the 
production and sale of goods was not regulated.  She added that Order of the Agency on Regulation of 
Natural Monopolies No. 91-OD of 19 March 2005 had approved "Rules on Increase and Decrease of 
Tariffs (Prices, Rates and Fees) or the Maximum Levels for Services (Goods, Works) Subject to 
Regulation".  Pursuant to these Rules, the maximum level at which tariffs were set, as well as any tariff rate changes, had to cove r for the production cost of services rendered and the profit margin 
required for effective operation.  In addition, Resolution No. 1279 of 24 December 2007 had 
approved the "Measures on Improvement of the Tariff Policy for Natural Monopolies (2008-2010)", 
which aimed at establishing a tariff policy in the s phere of natural monopoli es consistent with the 
effective and intensive development of natural mo nopolies and the improvement of their services.  
She added that the Law "On Natural Monopolies"  did not prevent foreign and domestic private 
enterprises from competing in sectors dominated by "natural monopolies" (e.g. building an additional 
mainline pipeline or railway).  In response to a specific question, she confirmed that "natural 
monopoly" was a legal term.  
65. State monopolies were established in the form of state enterprises and were managed by 
government agencies.  With a view to defining a uni form legislative framework for state control and 
regulation of state monopolies, a draft Law "On St ate Monopoly" had been developed and submitted 
to Parliament.  The draft Law defined the term "state monopoly" as a type of activity where the 
introduction of competition was inexpedient for reasons  related to the protection of the constitutional 
order, national security, public order, human right s and freedoms, and the he alth of the population 
(Annex 3(c) contains a list of state monopolies).  State monopoly pricing for services in the context of state orders was approved by the Agency on Regul ation of Natural Monopolies.  Prices of goods 
(works, services) which were not part of the state orders were approved by the Agency on Protection 
of Competition (Antimonopoly Agency).  In addition, Kazakhstan's legislation defined certain areas in 
which government bodies or state enterprises were gi ven an exclusive right – but not a state monopoly 
– for the conduct of activities.  These included activiti es such as the state appraisal of projects (related 
to architecture, town planning and constr uction), the registration of real estate  operations, and the 
maintenance of the State Land Cadastre.  In reply to a specific question, she said that the notion of 
"state monopoly" differed from the notion of "natural monopoly".   
66. With regard to the state regulation of comp anies with a dominant (monopolistic) position, she 
noted that Law No. 173 "On Competition and Restric tion of Monopolistic Activities" of 7 July 2006 
had expanded the scope of the anti-monopoly legisla tion and, in her view, had brought Kazakhstan's 
legislation in compliance with inte rnational practices in this area.  This Law regulated monopolistic 
behaviour and authorized the introduction of price controls when entities violated the anti-monopoly WT/ACC/SPEC/KAZ/9/Rev.2 
Page 26  
 
  legislation by restricting competitive access to a particular market.  The Law also contained new 
definitions of what constituted a dominant (monopolis tic) position.  A company was deemed to have a 
dominant (monopolistic) position if it had a greater th an 35 per cent share of the market.  Several 
market participants were considered to have a dom inant position (i) if the aggregate share of up to 
three market participants in a given commodity mark et equalled or exceeded 50 per cent; or (ii) if the 
aggregate share of up to four major market participants in a given commodity market equalled or 
exceeded 70 per cent.  A company w ith less than a 15 per cent share of the market could not qualify 
as a company with a dominant (monopolistic) position. 
67. The representative of Kazakhstan noted that the Agency on Natural Monopoly Regulation 
was Kazakhstan's authorized body regulating (i) the activities of natural monopolies, except for those 
supplying telecommunication and postal services; ( ii) the prices of companies with a dominant 
position in specific markets, such as railway trans port; transportation of oil, oil products and gas; 
electricity and heating; civil aviation and ports; ( iii) the services provided by state bodies on a paying 
basis; and (iv) the activities of state monopolies.  The Agency on Protection of Competition (Antimonopoly Agency) was responsible for the regulation of the activities of entities with a 
dominant (monopolistic) market position.  Natural monopolies, regardless of their ownership status, 
were listed in the State Register which was kept by the Agency on Natural Monopoly Regulation.  All 
entities included in this Register were subject to a uniform set of requirements and applied prices 
(tariffs) that were approved by the authorized bod y.  Natural monopolies listed in the Register were 
required to notify the Agency a bout anticipated price (tariff) increases 90 days in advance.  
Documents providing justification for the proposed increases, had to be submitted within one month 
of the date the Agency initiated a review.  The Agen cy reviewed the financial and technical aspects of 
the proposed tariff changes within a 50 day period .  Natural monopolies had to notify consumers of 
tariff changes no later than 30 days prior to their introduction.  No more than one tariff change was 
allowed to be made in every 12 months at the in itiative of the natural monopoly.  When considering 
applications, the Agency conducted a financial and, if necessary, technical evaluation of the proposed 
increases, while taking into account the operations of  other similar enterprises.  The Agency had to 
allow for an adequate level of profits necessary to ensure the company's efficient operation.  
Therefore, approved tariffs could not be set be low the value of costs required to provide the 
company's services (Article 15 of the Law "On Na tural Monopolies").  Independent experts – hired 
through a competitive selection – government bodies , consumer and business associations, as well as 
the applicant, were all involved in the process.  Based on the outcome of the review, the Agency 
developed a preliminary decision, which was disc ussed at public hearings (consultation process).  
The Agency was required to hold public hearings when reviewing applications of natural monopolies 
for approval of tariffs and the setting of their maximu m levels.  Public hearings had to be announced  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 27 
 
 
  no later than 15 days prior to the event, and had to  take place no later than (i) 30 days prior to the 
adoption of the final decision on the approval of the maximum levels of tariffs for regulated services; 
and (ii) 15 days prior to the adoption of the final decision on the approval of tariffs for regulated 
services.  Public hearings involved members of the local legislative branch, representatives of 
government agencies, consumers and their public asso ciations, the media, independent experts, as 
well as the applicant (natural monopoly).  Thus, juridical and natural persons, including foreign 
companies and foreign-invested firms, could take part in the public hearings.  The procedure for 
holding public hearings was regulated by the Ru les approved by Government Resolution No. 376 of 
21 April 2003.  The Agency had to announce its final decision on the approval of tariff changes no later than 35 days prior to thei r introduction.  Relevant inform ation (e.g. Agency decisions) was 
published regularly in the media and was available from www.regulator.kz
 or the magazine 
"Regulator".  Asked to provide the list of natural monopolies, she referred to the Agency website – 
www.regulator.kz . 
68. The list of services (goods, works) subject to state regulation was approved by the 
Government, upon proposal of the authorized  body.  Government Resolution No. 155 of 
14 March 2006 had approved the list of services (goods, works) supplied by natural monopolies 
subject to state regulation.  The following ac tivities were classified as natural monopolies: 
(i) transportation of oil and/or oil products via mainline (trunk) pipelines; (ii) storage, transportation of gas and gas condensate through the main and/or distribution pipelines, operation of gas-distribution 
units and connected gas distribution pipelines; (iii) transmission and/or distribution of electricity and 
heat, (iv) production of heat; (v) services in tec hnical dispatching of release and consumption of 
electric energy; (vi) services of th e mainline railroad network; (vii)  services of access roads, 
(viii) air navigation services; (ix) services of sea ports and airports; (x) telecommunication services, 
when entering the market was not feasible on economic or technical grounds, resulting in a lack of 
competition between providers (except for unive rsal telecommunication services); (xi) services 
related to the leasing and provision of access to  cable channels and technological facilities for 
connecting telecommunication networks to the univer sal telecommunication network; (xii) services of 
waterworks and/or sew erage networks; and ( хiii) public postal services.  In response to a specific 
question, the representative of Kazakhstan confir med that this list was exhaustive.  Detailed 
information on the services provided by natural m onopolies and on the price regulations affecting 
them is contained in Annex 4.  
69. Asked whether the Government had the author ity to apply price controls on goods and 
whether such controls existed, the representative of Kazakhstan rep lied that the Agency regulated WT/ACC/SPEC/KAZ/9/Rev.2 
Page 28  
 
  tariff rates for services provided by monopolies, while both domestic and export prices for goods were 
determined by market forces. 
70. The representative of Kazakhstan stressed that th e production of electrical power, natural gas 
and gas condensate, as well as other forms of energy,  was not considered as an activity within the 
sphere of natural monopolies.  Prices for energy production were set by the market both domestically 
and for export.  She added that the Law "On Am endments and Addenda in Legislative Acts on 
Natural Monopolies" of 5 July 2006 had introduced the concept of "strategic goods" including coal, 
gas, black oil, and diesel fuel, used as fuels in the manufacturing of thermal energy and electrical 
energy.  This list of "strategic goods" had been e xpanded by Law No. 316 of 27 July 2007 to include 
gas used for the needs of natura l monopolies in the sphere of gas and gas condensate transportation 
through main-line and/or distribution pipelines.  Th e provisions of this Law required the subject of 
natural monopoly (consumer) to purchase such stra tegic goods directly from the manufacturer, except 
if supply deficiencies existed in the particular ma rket.  Natural and juridical persons producing or 
distributing strategic goods directly on the terri tory of Kazakhstan on behalf of a foreign 
manufacturer, or possessing raw materials for the production/processing of strategic goods, were 
considered to be the manufacturers of the strategi c goods.  This requirement had been introduced as a 
result of the fact that the fuel component in th e expenses of subjects of natural monopolies in the 
municipal sector had reached 70 per cent, which was due to the existence of a large number of 
intermediaries in the delivery chain from manufacturer  to consumer (the subject of natural monopoly). 
71. With regard to the provision of electrical power supply services, she said that Resolution 
No. 190 of 18 February 2004 had approved the Concep t of Further Development of Market Relations 
in the Electrical Power Industry in the Republic of Kazakhstan.  She added that Law No. 588 "On Power Industry" had been adopted on 9 July 20 04.  In accordance with the provisions of the new 
legislation, electrical power supply services (on the re tail market for electricity) had been transferred 
to the competitive market where electric power providers would set tariffs for final consumers on the 
basis of market principles.  In this context, pow er supply companies had been established throughout 
Kazakhstan.  Power supply companies with a domi nant (monopolistic) position had been registered at 
the Antimonopoly Agency.  Other developments incl uded the use of centralized bidding for electric 
power procurement for sale to retail customers; a se paration of heating networ ks from energy sources; 
and the creation of a level playing field for the s upply of electrical power with a view to promoting 
competition between national-level el ectric power stations and regiona l producers of electric power.  
Further plans for the development of competition at th e retail level had also been prepared.  However, 
the transmission and distribution of electricity by  inter-regional networks (via the national company 
JSC "KEGOC") was considered to be an activit y within the sphere of natural monopolies, and  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 29 
 
 
  therefore subject to state price regulation.  Nevertheless, the methodology for setting tariffs for 
electric power transmission services had been amended to remove the direct dependence of tariffs 
rates on the distance of power transmission.  An en ergy deficiency and network capacity coefficient 
had instead been introduced.  She noted that the provisions of the new legislation allowed for an 
easier access to the wholesale market for electricity .  A plan to dismantle vertically integrated 
monopolies had also been developed.   
72. With regard to the regime governing natural g as, a member of the Working Party asked the 
representative of Kazakhstan whether foreign comp anies in Kazakhstan benefited from the same 
prices as Kazakh companies, and whether prices charged for domestic consumers were the same as for export.  In reply, the representative of Kazakhsta n said that the principal transporter of natural gas 
by mainline (trunk) pipelines was JSC Intergas Cent ral Asia; it provided domestic transportation, 
international transit, and export transportation ser vices.  Gas transportation services to domestic 
consumers provided by JSC Intergas Central Asia we re regulated by the Agency on Regulation of 
Natural Monopolies, and tariffs were applied in line with the Methodology approved by Order 
No. 500-OD of the Agency on Regulation of Natural Monopolies of 21 December 2004.    Domestic 
consumers were charged a final pr ice for natural gas that corresponded to the sum of the production 
cost, the transportation cost via mainline pipelines (KZT 420 and KZT 171 per 1,000 m
3 for juridical 
persons and households respectively), the cost of tr ansit by distribution networks, as well as a profit 
margin.  She stated that tariffs for domestic trans portation of gas were calculated on the basis of the 
volume of transported gas, factoring in all cost s necessary for the operation and maintenance of the 
gas pipeline system, but excluding the transportati on distance.  No decreasing coefficient for the 
transportation of natural gas was applied in Kazakhsta n.  Pipeline transportation tariffs for the export 
of natural gas, as well as transit tariffs, were not subject to state regulation.  Instead, the Concession Agreement concluded between Kazakhs tan and "Traktebel S.A." on 14 July 1997 had 
granted full ownership and management rights of the gas transportation system to "Traktebel S.A.".  
On 23 July 1997, "Traktebel S.A." had transferred all rights on the management of the transportation system to JSC Intergas Central Asia.  Thus, tariffs  for the export of natural gas were negotiated under 
international Concession Agreements, according to which the concessionaire/investment company set 
their own tariffs for international transit.  Transpor tation of natural gas for export was carried out by 
JSC Intergas Central Asia at tariffs set on the basis of contracts and not subject to state regulation (US$ 1.1 per 1,000 m
3 per 100 km).  Information on the transpor tation of natural gas by JSC Intergas 
Central Asia is provided in Table 5.  WT/ACC/SPEC/KAZ/9/Rev.2 
Page 30  
 
    Table 5: Tariffs on natural gas tran sportation and storage services provided by 
 
JSC Intergas Central Asia in 2005   
Item Tariff 
International transit (US$ per 1,000 m3 per 100 km)  
- Russian transit  1.1 
- Turkmen transit 1.1 
- Uzbek transit 1.1 
- Kyrgyz transit 14.8% of gas actually transported at the 
price of US$42 per 1,000 m3 
Export of Kazakh gas (US$ per 1,000 m3 per 100 km) 1.1 
Transportation of natural gas for domestic consumption in 
Kazakhstan (tenge/1,000 m3 excluding VAT)  
- for legal entities 420 
- for legal entities supplying natural gas to the population 171 
 
73. With regard to the regime governing oil, some  members of the Working Party requested more 
information on the natural monopolies operating in the oil (and gas) pipeline industry and on the 
procedures for allowing natural monopolies access to the oil pipelines.  These members of the 
Working Party enquired what criteria were cons idered in allocating access to the pipelines and 
whether any form of guidance was provided by th e government with respect to access allocation.  
In reply, the representative of Kazakhstan said that currently the registered natural monopolies in the 
sector were JSC KazTransOil, JSC "North-Western pipeline company Munai Tas" and JSC Intergas 
Central Asia.  At present, Kazakhstan's oil was expo rted via four pipelines, namely Uzen – Atyrau 
(Kazakhstan) – Samara (Russia) owned by JSC "KazMunaiGaz", "Tengiz-Novorossiysk" owned by 
the Caspian Pipeline Consortium (CPC), "Atasu-Ala shangkou", and "Kenkiyak-Atyrau".  The Agency 
regulated the activities of the Uzen-Atyrau-Sama ra, "Atasu-Alashangkou", and "Kenkiyak-Atyrau" 
pipeplines, while oil transportation via "Tengiz-Novor ossiysk" was regulated by shareholders of the 
Consortium.  The volume of oil exports via Uzen-A tyrau-Samara was determined by the pipeline's 
traffic capacity and was based on the annual inte rgovernmental Agreement between Russia and 
Kazakhstan.  Because of limitations, and in the ab sence of alternative routes, Kazakh companies faced 
reduced marketing opportunities for their produc ts, given that their annual output exceeded the 
pipeline capacity.   
74. The Ministry of Energy and Mineral Resources allocated available quotas among Kazakh 
exporters proportionally to the volume of their prod uction, on the basis of monthly applications that 
indicated volume and destination for their transpor ted oil.  If a company planned to increase its 
production, it had to apply for additional quotas, wh ich became available when a company gave up its 
quota or when the Russian Federation granted a dditional transit opportunities.  Once the quotas had 
been granted, the exporter had to  sign an oil transportation Agreement with JSC KazTransOil – the 
pipeline operator.  When negotiating annual volume  quotas with the Russian Federation, Kazakhstan  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 31 
 
 
  took into account the forecasted oil transportation need s of all Kazakhstani companies.  Thus, to date, 
all requests for volumes of transported oil had been  satisfied and there had not been a shortage of 
quotas.  No preferences were granted to either domestic or foreign companies in awarding export 
quotas and uniform tariff rates were applied to the export of crude oil.  She added that, even though pipeline transportation qualified as a natural monopo ly, there were no restrictions imposed on the 
access of foreign or local companies to the market  for construction and operation of oil pipelines. 
75. Some members of the Working Party noted that, although a priori  tariff rates for the transport 
of oil by pipeline were the same for domestic c onsumption and export, the application of a decreasing 
(discount) coefficient for domestic consumption resulted in a higher de facto  rate for the 
transportation of exported oil.  These members of  the Working Party noted that Article XI of 
GATT 1994 provided that "other measures" could not be used to prohibit or restrict the exportation or 
sale for export of any product destined for the te rritory of another Member.  These members of the 
Working Party stated that Kazakhstan was expected to eliminate the discriminatory pricing applicable 
to oil destined for export pr ior to its WTO accession.     
76. The representative of Kazakhstan replied that Order No. 248- ОD of the Chairman of the 
Agency of 13 December 2002 had established the Price List (tariffs) for the services of JSC 
KazTransOil, according to which unified tariff ra tes applied for both domestic consumption and 
export.  In order to support the production capacity of domestic oil refineries  and to slow down the 
growth of domestic prices of oil products, a decreasing (discount) coefficient of 0.46 was being 
applied to the transportation of crude oil via trunk pi pelines to Kazakh oil refineries.  The use of this 
coefficient had reduced the share of transportation co sts in the price of crude oil delivered to domestic 
refineries from 16 to 7.8 per cent; due to the hi gh prevailing price of crude oil, the share of 
transportation costs had decreased to 4.1 per cen t (without coefficient) and 1.9 per cent (with 
coefficient) respectively.  She str essed that should the decreasing coe fficient be eliminated due to the 
high world prices for crude oil, producers would no t be interested in supplying oil to domestic oil 
refineries, which would lead to a shortage of fuel on the domestic market.  She noted that the 
decreasing coefficient did not affect the price of refi ned oil products.  She added that prices for oil and 
oil products were determined by market forces – in 2003 and 2004 the price of crude oil had been 
US$70-80 per tonne and US$130-140 per tonne respec tively, while the same decreasing coefficient 
had been applied continuously.  Besides, she noted  that the application of the decreasing (discount) 
coefficient had not restricted oil exports – Kaza khstan had produced 47,199 tonnes of crude oil in 
2002, of which 41,530 tonnes had been exported; and 51,256 tonnes in 2003, of which 45,187 tonnes had been exported.  Thus, in her opinion, practi ce had shown that the introduction of the decreasing WT/ACC/SPEC/KAZ/9/Rev.2 
Page 32  
 
  (discount) coefficient did not constitute an export r estriction in the meaning of Article XI of the 
GATT 1994.   
77. Some members of the Working Party also noted that the differential oil transport fees applied 
by Kazakhstan were in conflict with the provisions of Article V of GATT 1994 on freedom of transit.  
In response, the representative of Kazakhstan said that, as of 2004, oil transit from the Russian Federation to the People's Republic of China thro ugh Kazakhstan had been conducted via the Omsk-
Pavlodar-Atasu pipeline, as well as via railway from Atasu to China.  Thirty to forty thousand tonnes 
of crude oil were transported monthly via transit r outes.  Oil transportation tariffs for transit via the 
Omsk-Pavlodar-Atasu oil pipeline to China and for export via the Kumkol-Karakain-Atasu oil 
pipeline to China (both pipelines operated JSC by K azTransOil) were both set  at KZT 2,413 per tonne 
per 1,000 km.  Thus, pursuant to Order No. 248-OD of 13 December 2002, unified tariff rates were 
charged for oil transportation on the territory of Kazakhstan, as well as for oil transit through the 
territory of Kazakhstan via the oil pipelines operated by  JSC KazTransOil.  She stated that there were 
no differential oil transport fees applied in K azakhstan and confirmed that Kazakhstan's oil 
transportation policy was in full conformity with the provisions of Article V of the GATT 1994 on 
freedom of transit.  She also noted that the WTO Agreements did not directly regulate pricing policy 
for services, including services provided by natura l monopolies, pipeline transportation and transit 
related issues.   
78. The representative of Kazakhstan said that in line with the Program on Railway Transport 
Restructuring for 2004-2006, the national compan y "Kazakhstan Temir Zholy" (KZT) had spun off 
two independent companies – "Kazzheldortrans" JS C (a national cargo carrier) and "Locomotiv" JSC 
(a locomotive header operator) – which had b een registered as companies with a dominant 
(monopolistic) position.  KZT owned 100 per cent of the shares in both companies.  The Agency was 
also coordinating the development of other joint stock companies in this sector.  As for price 
regulation in this sector, charges for freight transportation services, as well as for maintenance 
services (repair of railways, wagons and locomo tives), were established under competitive market 
conditions.  Thus, the scope of na tural monopoly activity in this sector was limited to the services of 
the main-line railway network.  The charges paid by carriers for using the main-line railway network 
were regulated by the government and set by KZT.  The relevant procedures were established by the 
Rules on Use of the Main-Line Railway, approved by Government Resolution No. 424 of 16 April 2004.  According to the Rules, carriers were given access to the main-line railway provided 
that they signed a Model Agreement approved by the government; their rolling stock (wagons) 
complied with technical, traffic safety, and envir onment protection requirements/regulations; and they 
were licensed for the transportation of goods and passengers.  Tariffs for main-line railway services,  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 33 
 
 
  effective as of 20 July 2004, were approved by Order No. 242-OD of the Chairman of the Agency on 
Natural Monopolies Regulation and Protection of Comp etition of 25 May 2004.  Different tariffs for 
railway freight transportation were set depending on distance, rolling stock (wagons) type, cargo and 
destination.  She acknowledged that the application of differential tariffs by type of destination was in 
contradiction with the provisions of Article III of  GATT 1994.  Nevertheless she noted that, in the 
context of the ongoing restructuring of the ra ilway transportation sector, her Government was 
undertaking a staged unification of tariffs charge d for the services of th e main-line railway and 
phasing out the differential application of tariffs by t ype of destination.  Thus, as of 1 June 2006, fully 
unified tariffs for the services of the main-line ra ilway applied to ferrous  and non-ferrous metals, 
ferrous metal scrap and constructi on materials; unified tariffs for republican and import destinations 
applied to crude oil (Order No. 119-OD of the Agency on Regulation of Natural Monopolies of 
26 April 2006).  She added that her Government was studying the possible impact of tariff unification 
for other goods, and accordingly wo uld determine the need for a transition period for the full 
unification of main-line railway tariffs. 
79. The representative of Kazakhstan said that pri ce regulation also extended to utility services 
and public services.  Utility services were subject to  price controls because they were important for 
attracting investment and their de livery depended heavily on natural monopolies.  The Agency was in 
charge of regulating prices for certain utility ser vices, including heating, sewage systems, water 
supply, and electricity/gas distribution.  Production costs were regulated only for activities classified 
as natural monopolies in a given commodity mark et in cases stipulated by the Law "On Power 
Industry".  The representative of Kazakhstan added that public services were solely provided by public bodies and state enterprises.  A comprehens ive list of public services, indicating agencies 
responsible for their provision, had been provided in document WT/ACC/KAZ/6/Add.2.  The procedure for collecting fees was regulated by the Ta x Code.  She also said that fees applied equally 
to foreign and domestic juridical persons, as well as natural persons.  Public transport charges were 
controlled by local administrative bodies.  
 
80. The representative of Kazakhstan added that the list of postal services, which belonged to the 
category of natural monopolies, was determined by the Law "On Postal Services" and tariff rates for 
those services were approved by the Agency.  The list had previously included eight types of postal 
services, but had subsequently been reduced to only in clude the dispatch of regular mail (cards, letters 
and postal wrapper).  Rates established for privat e companies competing in this sector were not 
regulated by the Agency.   WT/ACC/SPEC/KAZ/9/Rev.2 
Page 34  
 
  81. Regarding telecommunication services, she said th at the definition of the relevant Law had 
been amended.  Currently the activities of natu ral monopolies in this sector pertained only to 
(i) telecommunication services, when entering the market was not feasible on economic or technical 
grounds, resulting in a lack of competition between providers (except for universal telecommunication 
services); and (ii) services related to the leasing and provision of access to cable channels and technological facilities for connecting teleco mmunication networks to the universal 
telecommunication network.  In addition, operator connection services (to the services of the universal 
telecommunication network) and telephone transit ser vices would remain regulated and would only be 
excluded from the list of natural monopolies after the development of a competitive environment.  
The reduced list of telecommunication services s ubject to government regulation, approved by 
Government Resolution No. 155 of  14 March 2006, is contained in  Annex 5 (see also "Policies 
Affecting Trade in Services").  
82. She further noted that the a doption of the Measures on Improvement of the Tariff Policy for 
Natural Monopolies for the period 2008-2010 had signa lled the government's intention to ensure the 
sustainable operation of natural monopolies.  The Measures aimed at improving the legal regulatory 
framework and the methodology for establishing tari ffs.  They also introduced forward-looking 
methods, such as a new calculation of profit rates of assets subject to state regulation, setting of medium-term tariff caps, and comparative anal ysis (benchmarking) allowing to assess the 
effectiveness of natural monopolies.  In partic ular, as indicated in preceding paragraphs, her 
Government had undertaken to eliminate price contro ls for electrical power services, rail transport 
services, and certain telecommunication services. 
83. Some members of the Working Party stated th at enterprises that had a monopoly position in 
international trade and/or domestic distribution should be notified under Article XVII of the 
GATT 1994 and the 1994 Understanding,  and enquired whether Kazakhsta n intended to notify any of 
its "natural" monopolies.  A member of the Worki ng Party said that there was ample evidence that 
state owned natural monopolies in Kazakhstan did not grant equal access as transporters and enjoyed 
extensive special privileges.   
84. The representative of Kazakhstan replied that  natural monopolies in Kazakhstan acted as 
transport carriers with equal non-discriminatory  (open) access for all suppliers and operators, 
regardless of form and type of ownership.  In this respect, she pointed to the Rules of Non-Discriminatory Access for Carriers to the Services of the Main-Line Railway approved by Order of 
the Ministry of Transport and Communications No. 401-I of 8 November 2004.  In her view, no 
exclusive rights or special privileges were grante d to these natural monopolies and, therefore, such  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 35 
 
 
  natural monopolies did not fall under the definition of  Article XVII of the GATT 1994 or Article VIII 
of the GATS. 
85. A member of the Working Party noted that Kazakhstan's authorities had a very large 
discretionary margin to qualify activities as natural monopolies and said that this member of the Working Party did not consider, for instance, te lecommunications and postal services to be natural 
monopolies.  Another member of the Working Pa rty asked Kazakhstan to explain how there was 
competition in the markets dominated by natural monopolies.  In response, the representative of 
Kazakhstan reiterated that, as evidenced by the descr iption of ongoing reforms in key sectors of the 
economy, her Government was pursuing liberalizati on programs in order to facilitate competition and 
"narrow down" the list of natural monopolies.  
86. A member of the Working Party asked K azakhstan to confirm that, upon accession, the 
Government of Kazakhstan would,  in regulating prices, ensure that state-owned enterprises and 
natural monopolies in Kazakhstan, in respect of th eir supplies of goods to industrial users, would 
recover their costs (including a reasonable profit) in the ordinary course of their business.  Kazakhstan was also asked to confirm that that the applicati on of price controls on goods and services would be in 
a manner consistent with WTO obligations, includin g Article III:9 of the GATT 1994, and that price 
controls would not be used for purposes of affo rding protection to domestic industries or service 
providers. 
87. The representative of Kazakhstan replied that  Kazakhstan was considering to make the 
commitment contained in the following paragraph. 
88. [The representative of Kazakhstan conf irmed that upon accession the Government of 
Kazakhstan would, in regulating tariff rates for ser vices rendered by natural monopolies, ensure that 
natural monopolies, in respect of their supplies of services to consumers, would recover their costs 
(including a reasonable profit), in the ordinary cour se of their business.  She also confirmed that, from 
the date of accession, Kazakhstan would apply the mi nimum prices and price control on products and 
services contained in Table […], and any that were introduced or re-introduced in the future, in a 
WTO consistent fashion, and take account of th e interests of exporting WTO Members as provided 
for in Article III:9 of the GATT 1994.  Kazakhstan also would publish the list of goods and services 
subject to State price control in the Official Gazette.]  WT/ACC/SPEC/KAZ/9/Rev.2 
Page 36  
 
  - Competition policy 
89. The representative of Kazakhstan stated that  the key objectives of domestic competition 
policy included (i) creation of a favourable enviro nment for development of free competition in major 
domestic commodity markets (through elimination of  market entry barriers); (ii) protection of 
consumer interests; (iii) prevention of unfair comp etition and Agreements aimed at distorting market 
competition; and (iv) prevention of government agencies' actions aimed at introducing special 
privileges for individual companies which would r estrict competition.  Anti-monopoly legislation was 
developed in line with the Constitu tion of Kazakhstan and comprised inter alia  of the relevant 
provisions of the Civil Code, Law No. 232 "On Unfair Competition" of 9 June 1998, and Law 
No. 173 "On Competition and Restriction of Mono polistic Activities" of 7 July 2006.  The Law 
"On Unfair Competition" listed instances of unfai r competition, introduced mechanisms for its 
prevention and elimination, and also defined responsibilities for actions that constituted unfair 
competition.  The Law applied to domestic and fo reign natural and juridical persons, public bodies, 
and local administrations whose actions may rest rict or eliminate free competition on commodity 
markets in Kazakhstan.  She noted that the La w "On Competition and Restriction of Monopolistic 
Activities" had been developed with a view to m eeting the objectives of domestic competition policy 
while introducing fundamental legislative provision s for the protection of competition in line with 
established international practices.  Her Government had also deve loped a Program for Development 
and Protection of Competition fo r 2007-2009, which was aimed at preventing unfair competition by 
entities and state bodies; creating an environment that encouraged competition in all economic 
sectors; and bringing the anti-monopoly legisla tion in line with international norms.   
90. The Agency on Protection of Competition (Antimonopoly Agency) was responsible for 
implementing the national policy aimed at deve loping competition and restricting monopolistic 
activities.  The main functions of the Agency were  to (i) prevent actions (inactions) of state bodies 
aimed at preventing competition; (ii) prevent econom ic concentration; and (iii) prevent collusion 
between competing market players.  Price regulation of companies with a dominant position in specific markets – such as railway transport; transporta tion of oil, oil products and gas; electricity and 
heating; civil aviation and ports, telecommunicati ons and postal services – was only imposed by the 
authorized bodies in accordance with the relevant anti-monopoly legislation.  
91. The representative of Kazakhstan noted that Agreements or coordinated activities between 
competing and non-competing market agents, as we ll as Agreements among public bodies, or between 
public bodies and  market agents, were invalidated and prohibited when they restricted competition or 
infringed the rights of juridical and natural persons.      WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 37 
 
 
  92. The Code on Administrative Violations (Article  147) foresaw sanctions for violations of the 
anti-monopoly legislation – 100-200 MCIs for individua l entrepreneurs, 5 per cent of profit receipts 
from the monopolistic activity for small and medium-sized businesses, and 10 per cent of profit 
receipts from the monopolistic activity for other businesses.  The Criminal Code (Article 196) provided for criminal liability for actions causing se vere damage,  including fines of 200 to 500 MCIs, 
an amount equivalent to two to five months' salary, four to six months arrest, or up to two years of 
correctional labour, custodial restraint or imprison ment.  For repeated offences, or for actions 
committed by (organized) groups or officials, the sanc tions consisted of fines in the amount of 500 to 
700 MCIs, the equivalent of five to seven months' salary, or imprisonment for up to five years.  
Offences which could lead to da mage, or the threat of damage, of another party's property were 
punishable by three to seven years in prison.  
93. Chapters 9 and 10 of the Law "On Competiti on and Restriction of Monopolistic Activities" 
defined responsibilities for violation of the anti-mo nopoly legislation and established procedures for 
adoption, appeal, and execution of instructions a nd resolutions taken by the anti-monopoly agency.  
The anti-monopoly agency had the right to use the cour ts to enforce its instructions and resolutions.  
The instructions and resolutions of the anti-monopoly agency could be appealed within three months 
of their date of issue, except for claims with no limitation of action (Article 35).  In addition, the 
decisions of government bodies could be appealed dir ectly to the courts, without a prior appeal to 
higher bodies, in accordance with the provisions of Article 278 of the Civil Code.  
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES  
94. The representative of Kazakhstan stated that the Republic of Kazakhstan was a Presidential 
State with power divided among the legislative, exec utive, and judicial bran ches.  The President was 
the Head of State and executive power s were exercised by the Government.   The President was 
elected for five year terms on the basis of universal , equal and direct suffrage by secret ballot.  The 
President appointed and could dismiss the members of the Government (including the Prime Minister, 
the ministers of foreign affairs, defence, internal affairs and justice and heads of state committees), the 
heads of diplomatic missions, higher officers of the Armed Forces, the Chairperson and two members 
of the Constitutional Council, the Chairperson a nd two members of the Central Election Committee, 
the Chairperson and two members of the Account Committee for Control Over the Implementation of 
the Republican Budget, 15 deputies of the Senate, Ch airpersons of oblast courts, Chairpersons of 
boards and judges of oblast courts, the Prosecutor Ge neral, the Chairperson of the National Security 
Committee, the State Secretary, the Chairp erson of the National Bank, and akims. WT/ACC/SPEC/KAZ/9/Rev.2 
Page 38  
 
  95. The President approved laws submitted by the Se nate (the upper house of Parliament) within 
one month, or returned laws (or separate Articles thereof) to Parliament for consideration, to be 
completed within one month. The President's objecti on would prevail if the specified deadline was not 
met (Article 53, paragraph 3 of the Constitution).  If the Parliament confirmed its earlier decision by a 
two-thirds majority vote of each Chamber, the Presi dent signed the law within one month.  In cases 
where the Parliament failed to incorporate the Presi dent's comments into the Law, the Law would be 
considered as not adopted, or adopted in the form  proposed by the President.  The President could 
prioritize draft laws for consideration by the Parlia ment and could invite the Parliament to announce a 
draft law as urgent, i.e. to be considered within one  month of its submission.  If such a request was not 
fulfilled, the President could issue a decree, which would remain in effect until the adoption of the 
new law by Parliament (Article 61, paragraph 2, of the Constitution).  Laws came into force within 
ten calendar days after the date of their first offi cial publication, unless the laws or the relevant 
implementation acts had specified different enactment  terms.  The Parliame nt could delegate its 
legislative powers to the President for a period of up to one year, while the President had the right to 
dissolve Parliament in certain circumstances.  The President could decide to hold a national 
referendum, to issue decrees, and to issue decrees having the force of a law. 
96. The Parliament was a bi-cameral legislative body, consisting of a lower house, called the 
Majilis, and an upper house, called the Senate .  The Parliament was responsible for adopting 
constitutional laws, laws, resolutions of the Parlia ment, separate resolutions of the Senate and the 
Majilis, and for passing Constitutional amendments , upon the initiative of the President.  The 
Parliament could adopt and amend the state budget,  as well as put forward an initiative calling for a 
national referendum.  At separate sessions, the Ma jilis and then the Senate  ratified international 
treaties and took decisions on state loans and othe r forms of economic assistance.  The Senate, 
inter alia , had exclusive jurisdiction, at the initiative of  the President, to elect and discharge the 
Chairperson and Justices of the Supreme Court.  The Majilis, inter alia,  had exclusive jurisdiction to 
accept draft Laws for consideration and to announce regular Presidential elections.  
97. The Government was organized and supervised by the Prime Minister.  The Government was 
accountable to the President, except in cases set out  in Article 53, paragr aph 2 and Article 57, 
paragraph 6 of the Constitution, in  which the Government was account able to the Parliament and the 
Majilis.  The Government submitted draft laws to the Majilis, the lower house of Parliament, and was 
responsible for their implementation when enacted.  S ubsidiary legislation, in the form of resolutions 
and directives, could be issued by the Governme nt.  The subsidiary legislative acts of the 
Government, as well as the acts of municipal chie f executives could be annulled by the President.   WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 39 
 
 
  The mandate of the Government expired with that of the President unless specifically terminated by 
the President. 
98. The Government was responsible for directing national socio-economic policy.  Kazakhstan's 
economic policy was developed and coordinated by the Ministry of  Economy and Budget Planning.  
The Ministry of Industry and Trade was the princi pal government body respons ible for developing  
(i) industrial and investment policy; and (ii) trade policy, including proposals on customs rates and 
duties (subsequently administered by the Customs C ontrol Committee of the Ministry of Finance) and 
the issuing of import/export licenses.  State fina nce policy, including curre ncy control and currency 
aspects of foreign economic relations, was determined by the Ministry of Finance.  Administration of 
currency control was carried out by the National Bank. 
99. The representative of Kazakhstan noted that th e national executive authorities delegated some 
of their governmental powers affecting foreign trad e to local state authorities.  The governmental 
authority in Kazakhstan was divided between cen tral and regional (local) governments.  Local 
governmental power was divided between representative bodies ca lled Maslikhats and executive 
bodies called Akimats.  Local governments had (i) partial autonomy to regulate region-specific 
economic relations; (ii) a regional (local) administ rative system; (iii) reciprocal obligations among 
different tiers of government to  bring businesses into conformity with requirements of social, 
environmental and moral standards; (iv) the right  to allocate state support to specific sectors and 
regions and promote cooperation between local  authorities, business and management bodies; 
(v) the right to allocate budget resources and regi onal property on commercially viable terms; and 
(vi) the obligation to coordinate foreign trade-related issues with the Government.  
100. Asked to explain the relationship between lo cal (sub-central) authorities and the central  
Government in the implementation of WTO provisions , the representative of Kazakhstan stated that, 
according to Article 4 of the Law "On Local Govern ment in the Republic of Kazakhstan", Maslikhats 
and Akimats did not have the right to adopt d ecisions inconsistent with national policy or 
Kazakhstan's international commitments as set out in ratified international Agre ements.  In particular, 
sub-central authorities could not independently im pose measures aimed at hindering the free exchange 
of goods and services within the country, such as imposing taxes and establishing regulations.  
Decisions of Akims or Maslikhats, which der ogated from Kazakhstan's commitments ensuing from 
international Agreements (including WTO commit ments), could be annulled by the President, the 
Government, a Senior Akim, as well as through c ourt procedures.  In addition, the Prosecutor 
General's Office exercised constant supervision ove r the precise and uniform application of laws and 
other legislative acts. WT/ACC/SPEC/KAZ/9/Rev.2 
Page 40  
 
  101. Judicial power was exercised by means of civil, criminal, and other legislation, within the 
framework of a three-tier unitary court system.  The Supreme Court was the supreme body for civil, 
criminal and other cases.  It exercised supervisor y powers over the conduct of courts of general 
jurisdiction within a statutory framework, and pr ovided clarifications on issues relating to court 
practice.  The Supreme Court could also act as a nisi prius  court (first instance court) whose decisions, 
came into legal force from the date of their adoption.  Oblast and rayon (district)  courts were courts of 
first instance and proceedings, con ducted in these courts, took place within two months of receipt of 
claims.  This period could vary, however, depe nding on the category of civil case.  Questions 
challenging the constitutionality of laws  or subsidiary legislation were reviewed by the Constitutional 
Council. 
102. Some members of the Working Party enquired a bout the administrative and judicial channels 
for appeal of administrative decisions made on WTO-related issues – namely how importers and 
exporters could appeal (i) customs and other WTO -related decisions within administrative channels; 
and (ii) administrative rulings to a court or other "independent tribunal" as provided for in Article X 
of the GATT 1994.  The representative of Kazakhs tan replied that the Civil Code (Article 278) 
defined the common judicial procedure for appeals,  including administrative appeals, as well as for 
special proceedings.  The review of judicial decisi ons – of rayon (district), oblast (regional) and other 
local courts made at first instance – was carried out  through an appeal/supervision procedure.  Prior 
appeal to higher bodies did not constitute a mandatory  precondition for a direct appeal to the courts. 
Irrespective of whether or not they participated in  the hearing, the Prosecutor-General, Oblast, Rayon 
and other public prosecutors of equal stature, as well as their deputies, had the right to appeal against 
court judgments which had not yet come into force (other than judgments of the Supreme Court).  
Parties to a case, as well as other parties affected by the decision, could also appeal against such 
decisions.  Appeals should be made within one mont h of the date of infringement and were heard no 
later than one month from the date of receipt of the appeal by the court of first instance.  The court of 
appeal could make new findings of fact within th e limits of the claim and investigate new evidence, 
which, for valid reasons, had not been presented at first instance.  Court decisions, rulings, decrees 
and orders, which had already come into force, co uld be reviewed and appealed within a year, on 
grounds stipulated in the Civil Code (e.g. discovery of new facts), in line with the judicial supervision 
procedure.  Review of decisions made by the supe rvisory board of the Supreme Court, and a second 
review of the case by the supervisory board of the S upreme Court, were also allowed in certain cases.  
Rulings of the appellate court, as well as rulings of the court authorized to review the case under the 
supervisory procedure, came into force on the day of their adoption.    WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 41 
 
 
  103. She added that Article 493 of the Customs Code ensured the right of appeal against actions 
(or failure to act) of the customs authorities to (i ) the customs authorities; (ii) the higher customs 
authorities; (iii) the authorized body on customs issues ; and/or (iv) the courts.  Complaints against the 
decisions or actions of the customs authorities a nd customs officers could be submitted within one 
year of the infringement.  Complaints against notifi cations of the customs authority on enforcement of 
debts and fines should be submitted within ten days (subject to an extension).  The execution of 
appealed decisions and actions would not be withhe ld by the submission of a complaint, except if 
there were grounds to believe that the decisions/ac tions under appeal did not comply with the customs 
legislation of Kazakhstan; or the appeal was made with regard to a notification on enforcement of 
debts and fines.  A decision was taken within 15 da ys or, for complaints requiring further examination 
and verification, within one month.  Pursuant to  Article 503 of the Customs Code, the decisions and 
actions of the customs body or customs officers coul d also be examined using a simplified procedure 
when the value of the goods or vehicles did not ex ceed 100 MCIs.  This simp lified procedure required 
a submission of a written complaint to the head of the customs authority; a decision was taken within 
one day.    
104. She noted that the Code "Concerning Administrative Violations" of 30 January 2001 was 
aimed at preventing administrative violations, wh ile protecting the rights, freedoms and lawful 
interests of persons, citizens and organizations.  The Code addressed issues concerning the sanitary 
and epidemiological welfare and health of the popul ation, the environment, public morals, property, 
public order and safety, and the established procedure for exercising state powers.  The hearing with a 
judge or an authorized body usually lasted for 15 days (with a possible one month extension).  A request for review of a judge or an authorized  body ruling could be made within one year; the 
submission of such a request suspended the rulin g's execution.  The Prosecutor-General or his 
deputies could ask a board of the Supreme Court to verify the legality and legal grounds of a decision 
on administrative violations, which had already take n legal effect.  The Supreme Court could also 
review the results of a review ruling. 
105. Some members of the Working Party ask ed whether following accession, the 
WTO Agreement would have priority over Kazakhs tan's national legislati on and further sought a 
description of how, in legal terms, would WTO rules and commitments be ratified.  In response, the 
representative of Kazakhstan stated that Article 4,  paragraph 3 of the Cons titution stipulated that 
international Agreements ratified by Kazakhstan, had priority over national legislation.  Ratified 
international Agreements were applied directly, ex cept in cases when a law had to be adopted before 
an international Agreement became applicable.  As ked to confirm that Kazakhstan needed to adopt a 
law domestically in order to make WTO Agreemen ts applicable, the representative of Kazakhstan WT/ACC/SPEC/KAZ/9/Rev.2 
Page 42  
 
  replied that, pursuant to Article 20 of Law No. 54 "On International Agreements" of 30 May 2005, the 
President, the Government and relevant central stat e bodies had to ensure that Kazakhstan fulfilled all 
obligations undertaken under inte rnational Agreements.  To this end, her Government intended to 
introduce all necessary amendments to existing laws  by the date of WTO accession.  She further 
stated that obligations, ensuing from WTO accession but contradicting the provisions of other international Agreements, would take effect in  Kazakhstan only after (i) the incorporation of 
appropriate amendments to such international Agre ements; (ii) the expiry of their duration; or 
(iii) their denouncement pursuant to the Presidential Decree  "On the Procedure for Conclusion, 
Execution and Denouncement of International Agreem ents of the Republic of Kazakhstan", and the 
Vienna Convention "On International Treaty Law" of 23 May 1969.  She stressed, however, that no 
contradictions were expected to arise between  WTO membership obligations and Kazakhstan's 
international Agreements. 
IV. POLICIES AFFECTING TRADE IN GOODS  
- Trading Rights 
106. The representative of Kazakhstan said that the ri ght of all domestic and foreign juridical and 
natural persons to import into and export from Kazakhstan was guaranteed by Article 8 of the 
Customs Code.  Pursuant to Article 374 of the Cu stoms Code, customs clearance could be performed 
by (i) Kazakhstani citizens, resident stateless persons, registered individual entrepreneurs, and 
juridical persons established in Kazakhstan; (ii) foreign natural persons (when conveying goods under 
simplified or preferential procedures); (iii) diplom atic missions; and (iv) representative offices of 
registered foreign organizations importing goods for their own needs under the customs regimes for 
temporary import, transit and release into free circulation.  Therefore, as Kazakhstan had to assume responsibility for at least one part of the import tr ansaction, including the payment of customs duties 
and taxes, foreigners could not act as declarants  in customs clearance procedures.  To export goods 
into Kazakhstan, foreigners did not necessarily n eed to register, invest or establish commercial 
presence.  Foreign companies without commercial presence in Kazakhstan could be represented by a 
customs broker (for a fee of approximately US $30 to US$100) for customs clearance purposes 
(Article 7.4 of the Customs Code).  Goods declared  by the customs broker remained in the custody of 
the foreign exporter until they were transferred to a purchaser or distributor in Kazakhstan.  As for the 
customs clearance of goods in connection with inte rnational purchase/sale contracts, the Kazakhstani 
party to the transaction assumed all resp onsibilities for the release of the goods.  
107. According to Article 3 of Law No. 2198 "On State Registration of Juridical Persons and 
Statistical Record-Keeping Registration of Branch es and Representative Offices" of 17 April 1995,  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 43 
 
 
  registration was obligatory for all juridical pe rsons established on the territory of Kazakhstan 
regardless of the purpose and type of their activiti es.  Registration was necessary for (i) certifying and 
keeping a record of the creation, reorganization and liquidation of juridical persons, branches and 
representative offices; (ii) keeping a single State Register of juridical persons, and a Branches and Representative Offices Register; and (iii) allowing for the sale of information, other than confidential 
information and commercial secrets.       
108. Pursuant to Article 9 of Law No. 2198 "On State Registration of Juridical Persons and 
Statistical Record-Keeping Registration of Branch es and Representative Offices" of 17 April 1995, 
state registration and re-registration was performed within a day for individual entrepreneurs, three 
business days for small businesses, and within 10 business days for juridical persons, from the date of submission of a complete application.  Article 6 of  this Law stipulated application requirements.  
To apply for registration, juridical persons had to s ubmit (i) a standard application; (ii) three copies of 
the articles of incorporation (charter) in Kazakh and Russian; (iii) a proof of payment of the registration duty; (v) an act of transfer for juridi cal persons established as a result of restructuring, 
including proof that creditors had been notified abou t the restructuring; and (v) a document certifying 
their location.  Small businesses were not required to submit a document certifying their location and, 
as they normally operated on the basis of a Model Char ter, they submitted a Charter instead of articles 
of incorporation.  Individual entrepreneurs were only required to submit an a pplication and a proof of 
payment of the registration duty.  In addition to the above, and unless otherwise provided by 
international treaties (no such trea ties existed at present), Kazakhstani  juridical persons with foreign 
participation had to submit (i) a legalized documen t certifying that the applicant was established in 
accordance with the legislation of the foreign c ountry, accompanied by a notarized translation in 
Kazakh and Russian; and (ii) a copy of the identifi cation papers (e.g. passport, identification card, 
residency permit) of the company founder (fore ign natural person), accompanied by a notarized 
translation in Kazakh and Russian.  These requirement s applied to juridical persons with any degree 
of foreign participation.  Additional procedural  requirements also applied to banks, insurance 
companies, pension funds and companies with dominant (monopolistic) position.  The registration 
procedure involved (i) verification of the compan y's articles of incorporation and other submitted 
documents for compliance with Kazakhstan's legislation; (ii) issuance of a state registration certificate 
with an assigned registration number; and (iii) reco rd entry in the single State Register or the 
Branches and Representative Offices Register, as a ppropriate.  Branches and representative offices of 
both Kazakhstani and foreign juridical persons we re subject to registration for record-keeping 
(accounting) purposes.  Registration could only be refused for lack of compliance of the company's 
founding documents with Kazakhstan's legisla tion and for breaching the legal rules on the 
establishment of juridical persons.  The basis for refusal of registration (or re-registration) was WT/ACC/SPEC/KAZ/9/Rev.2 
Page 44  
 
  detailed in Article 11 of Law No. 2198 of 17 Apr il 1995.  Refusals were communicated in writing 
within ten working days, with a reference to the underlying reasons, and could be appealed to the 
courts.  Pursuant to Law No. 537 "On Amendments and Addenda to Legal Acts of the Republic of 
Kazakhstan on State Registration of Juridical Persons " of 18 March 2004, juridical persons, as well as 
their branches and representative offices, obtained all certificates from the justice authorities on the 
basis of the one-stop shop principle.  These certif icates included a state registration certificate, a 
taxpayer registration certificate, and a statistical ce rtificate of registration in the State Statistical 
Register.  Registration certificates were issued for an unlimited period and a single registration was valid on the entire territory of Kazakhstan.  A re gistration certificate would be replaced only at 
re-registration or when there had been a change in location.  A table summarising the requirements for 
registration of juridical persons, including the dura tion of the procedure and applicable fees, is 
provided in Annex 9(e). 
109. Some members of the Working Party raised con cerns about the requirement for re-registration 
and duplicate registration, since this requirement would amount to an ad valorem fee that appeared to 
place an extra burden on foreign businesses/entities.   These members of the Working Party asked 
Kazakhstan to confirm that it woul d bring its registration fees into conformity with the requirements 
of Article VIII of the GATT 1994 prior to WTO accession.  In response, the representative of 
Kazakhstan said that, pursuant to the Methodolog y for Calculation of Fees and Fees for State 
Registration of Juridical Persons (approved by Order of the Ministry of Economy and Budget 
Planning No. 135 of 28 October 2005) registrati on fees for juridical persons, including small 
businesses, reflected the cost of services rendered.  The same Methodology applied to the calculation 
of activity licence fees.  Pursuant to Resolution No . 1324 "On Amendments into the Resolution of the 
Government of the Republic of Kazakhstan No. 1660 'On Approval of Fees Rates for State 
Registration of Juridical Persons' of 19 December  2001" of 30 December 2005, registration fees were 
set at a fixed rate (instead of MCIs) based on the actual cost of state registration and re-registration 
services.  The registration fee for small businesses w as set at KZT 2,280 (US$19); the rate for other 
juridical persons was KZT 7,600 (US$63).  The regi stration fee for individual entrepreneurs (4 MCIs 
or KZT 4,672) had been establishe d pursuant to Resolution No. 1 586 "On Approval of fees Rates for 
State Registration of Individual Entrepreneurs" of 6 December 2001.  All registration fees were 
applied uniformly on the territory of Kazakhstan at  both central and local levels, and revenues were 
forwarded to the local budgets.  She held the vi ew that the provisions of Article VIII of the 
GATT 1994 regulated fees related to the importation and exportation of goods, but did not extend to 
registration fees.  She added that Kazakhstan w as ready to revise the methodology applicable to 
individual entrepreneurs.  The methodology for the calculation of fees is provided in Annex 9(f).    WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 45 
 
 
  110. A member of the Working Party noted the subs tantial difference between the time required 
for registration of small businesses and juridical pe rsons and encouraged Kazakhstan to implement 
further reform so that the turn around time for registration appli cations was equal for all business 
entities.  In response, the representative of Kazakhstan said that simplified state registration procedures applied to small businesses – a reduced list of documents required for registration, a 
shorter registration period, a smaller registration fee,  and the option to operate on the basis of a Model 
Charter.  Small businesses were juridical persons and their branches, with annual average staff not 
exceeding 50 employees and with average tota l annual asset value not exceeding 60,000 MCIs 
(US$461,000).  Small businesses operated on the basis of a Model Charter approved by the 
Government.  In her view, the use of simplified procedures was justified by the fact that there was no need for a legal analysis of the documents, c onsidering small businesses operated on the basis of a 
Model Charter .  The existing registration procedures came into effect in April 1995 and had been 
adequately fine-tuned.  To date , her Government had not receive d any complaints or comments on 
these procedures.  The preferential terms were part of the Government's strategic program aimed at addressing the broader strategic goal of reducing p overty and social disparity, and facilitating the 
expansion of the middle class through support provided to small businesses and individual 
entrepreneurs.  She held the view that these po licy measures were applied on a non-discriminatory 
basis to all residents, both domestic and with fore ign ownership, and as such, did not contradict WTO 
norms. 
111. She further noted that, pursuant to Law No. 214 "On Licensing" of 11 January 2007, activity 
licenses could be established for (i) national security  reasons; (ii) implementation of state monopoly 
functions; (iii)  strengthening the rule of law; and (i v) protection of the environment, property, and the 
life and health of citizens.  The list of activities subj ect to activity licensing is provided in Annex 9(c).  
112. Pursuant to Government Resolution No. 1037 of  30 June 1997, to obtain an import licence the 
applicant had to produce an activity licence for certain  types of activities, issued by the authorized 
government body.  In addition, the expert appraisal  of certain authorized state bodies might also be 
required (i.e. sanitary and epidemiological welfare, environment protection, state energy control).  Activity licenses were equally required for the sal e of domestically-produced like products, which 
were required to meet the same requirements as im ported products.  The list of goods subject to 
activity licensing prior to importation is provided in Annex 9(a).    
113. Some Members of the Working Party said that  the activity licence requirements for ethyl 
alcohol and alcoholic beverages were  inconsistent with the establishment of trading rights and seemed 
redundant since an import licence was necessary fo r the importation of these products.  Kazakhstan WT/ACC/SPEC/KAZ/9/Rev.2 
Page 46  
 
  was asked to remove these activity licence require ments.  In response, the representative of 
Kazakhstan said that the importation of ethyl spir it and alcoholic beverages was subject to activity 
licensing pursuant to Article 36 of Law No. 214 "On Licensing" of 11 January 2007.  In addition, in 
accordance with Article 10.1 of Law No. 429 "On State Regulating of Prod uction and Turnover of 
Ethyl Spirit and Alcoholic Beverages" of 16 July 1999, an activity licence for the production of alcoholic beverages (using ethyl spirit or wine ma terials) was required to allow the importation of 
ethyl spirit and wine materials.  As for alcoholic beverages (other than bee r), to obtain an import 
licence, residents were required to hold an activity licence either for the production or for the storage 
and wholesale distribution of alcoholic beverages.  Pursuant to Government Resolution No. 731 of 
23 August 2007, to obtain a licence for the stor age and wholesale of alcoholic beverages, the 
applicant had to have specialized premises for stor age, distribution and taking deliveries of alcoholic 
beverages; an automobile and/or railway entran ce to the specialized premises for storage; and 
communication systems, including cold water supply, a sewerage system, heating systems, electricity, ventilation, fire protection equipment and a fire  alarm system; required technical documentation 
regulating consumer safe ty; approved measurement instruments;  appropriate storage conditions for 
preserving product quality; and appropriate protec tive equipment for employees, necessary for 
meeting sanitary norms and safety rules.  These requirements were aimed at addressing public safety concerns.  In addition, an applicant had to receive the approval of the relevant sanitary, ecological and 
fire safety agencies.  These requirements did not apply to the storage and wholesale of alcoholic 
beverages at the place of their production.   
114. The representative of Kazakhstan added that her Government was planning to amend the Law 
"On Licensing" to remove the activity licensing on  the importation of ethyl spirit and alcoholic 
beverages.  Instead, import licensing would apply to the import of alcoholic products, such as ethyl spirit, wine materials and alcoholic beverages.  At the same time, she stressed the importance of 
maintaining the existing regulation governing the im portation of ethyl alcohol and wine materials.  
In her view, the elimination of the prerequisite to obtain an activity licence for the production of 
alcoholic beverages could result in the emergence of  a "grey" market for imported products.  In her 
view, this could negatively affect human health a nd would result in a failure to collect taxes on 
alcoholic beverages produced using imported ethyl al cohol and wine materials.  As for alcoholic 
beverages (other than beer), she said that the activ ity license was necessary to ensure that qualification 
requirements were met.  Namely, as alcoholic bevera ges were sometimes imported in containers, it 
was important to ensure that the bottling facilities me t the necessary sanitary and safety requirements.  
In her view, this was best achieved through activ ity licensing on the production or the storage and 
wholesale of alcoholic beverages.       WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 47 
 
 
  115. In reply to a specific question, she said that imported ethyl alcohol was used solely for the 
production of alcoholic beverages, while ethyl al cohol for pharmaceutical, medical and technical 
needs was supplied domestically.  According to Ar ticle 10.1 of Law No. 429 "On State Regulating of 
Production and Turnover of Ethyl Spirit and Alcoholic  Beverages" of 16 July 1999, ethyl spirit was 
sold (i) without excise tax, to li censed pharmaceutical and state me dical enterprises within allocated 
quotas; and (ii) with excise tax, to producers of alcoholic beverages (other than beer) and to 
organizations using ethyl spirit for technical purposes or in the production of non-alcoholic products if 
they complied with the relevant norms.  Producers sold ethyl spirit to these consumers only with a 
permission from the authorized body regulating the production and turnover of ethyl spirit and alcohol 
beverages.  
116. With regard to pharmaceuticals, she said that  the import of pharmaceuticals was subject to 
mandatory state registration.  The import of pharm aceuticals could be carried out by local producers 
that were holders of a licence for the production of ph armaceuticals; natural or juridical persons with 
an activity licence for the sale of medicines; rese arch and development organizations, laboratories for 
preparation and state registration of pharmaceuti cals; and foreign producers of pharmaceuticals (and 
their representatives) conducting clinical research or participating in pharmaceutical exhibitions.  
In addition, a letter of approval issued by the Phar macy Committee of the Ministry of Healthcare, was 
required for the import/export of pharmaceuticals, para-pharmaceuticals, medical equipment and 
products for medical purposes.  To obtain the le tter of approval, the applicant had to present inter alia  
a copy of an activity licence for production or wh olesale of pharmaceuticals (or, if applicable, a 
licence for the circulation of narcotic and psychotr opic substances and precursors), a state registration 
certificate, and an original "letter of permit" fo r importation from a third country delivered by the 
manufacturer.  
117. As for trade in narcotic substances, psychotropi c substances and precursors, she said that the 
import/export of these goods could only be carried out  by juridical persons holding the appropriate 
activity licence.  A relevant certificate would also need to be issued. 
118. A member of the Working Party asked the repr esentative of Kazakhstan whether a firm or an 
enterprise registered in Kazakhstan was considered a "resident" for the purposes of preferential trade 
with other CIS countries.  This member of the Working Party asked Kazakhstan to provide a clear 
distinction between juridical pers onhood in Kazakhstan through regist ration and being a "resident".  
Kazakhstan was also asked to confirm that forei gn juridical persons could be the "importer and 
exporter of record" and that fore ign importers and expor ters could legally si gn import/export contracts 
with foreign entities with a phys ical presence in Kazakhstan.   WT/ACC/SPEC/KAZ/9/Rev.2 
Page 48  
 
  119. The representative of Kazakhstan replied that wh enever a ratified international Agreement did 
not contain a definition of the term "resident" for the purposes of the given Agreement, the 
"residency" status was regulated by the provisions of Article 191 of the Budgetary Code, Article 1-1 
of the Law "On Currency Regulation", and the Tax Code.  According to these legal acts, residency 
status was conferred to juridical persons establis hed in Kazakhstan and/or juridical persons with 
management control in Kazakhstan.  Non-resident s were considered as permanently established if 
their permanent place of activity for the conduct of  all or part of their business activities was in 
Kazakhstan, including activities conduc ted through authorized agents.  Thus, non-residents could be 
considered as permanently established, regardless of  whether or not they were registered.  Foreign 
juridical persons that were registered or had a co mmercial presence in Kazakhstan were considered as 
residents.  She also confirmed that resident juridical  persons of Kazakhstan were  eligible to participate 
in preferential trade arrangements betwee n Kazakhstan and other CIS countries.  
A. IMPORT REGULATIONS 
- Ordinary customs duties 
120. The representative of Kazakhstan said that impor t duties were established by Government 
Resolution No. 1317 "On Customs Tariff and Goods Nomenclature of Foreign Economic Activity of 
the Republic of Kazakhstan" of 28 December 2007.  The Customs Control Agency applied tariff and 
non-tariff measures, and carried out customs valua tion and classification of goods in accordance with 
Order No. 210 "Rules of Adoption of Preliminar y Decisions and Their Standard Forms" of 
15 May 2003.  Kazakhstan's tariff policy was aime d at (i) protecting c onsumers' interests; 
(ii) diversifying the national economy; (iii) fac ilitating the development of technology-based and 
value added industries; (iv) creating a favourable in vestment climate; and (v) generating revenue for 
the state budget.  Commitments ensuing from Kazakhs tan's participation in in ternational Agreements 
and regional integration initiatives, including the fr ee trade area of CIS countries and the formation of 
a Customs Union among the Eurasian Economic Commun ity member-states, were also incorporated 
into the national customs tariff policy.  
121. She added that Kazakhstan had replaced a 9- digit tariff nomenclature with a 10-digit 
nomenclature on 1 January 2004, which was based on the 2002 revision of the Harmonized Description and Coding System (HS 2002).  Currently  applied rates were established in the HS 2007 
nomenclature (also used for conducting WTO tari ff negotiations).  The switch to a new tariff 
nomenclature was stipulated by the Agreemen t "On Common Tariff Nomenclature of Foreign 
Economic Activity of the EurAsEC" adopted on 11 J une 2003.  The new import tariff consisted of 
10,852 tariff lines.  The majority of tariff items (9,395 items, or 86.6 per cent) were subject to  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 49 
 
 
  ad valorem  rates, while 1,295 items (11.9 per cent) were  subject to compound or mixed rates, and 162 
items (1.5 per cent) to specific rates.  The ad valorem  import duty rates ranged from 0 to 30 per cent.  
The structure of Kazakhstan's Customs Tariff is provided in Table 6.  
Table 6: Structure of the import Customs Tariff of Kazakhstan  
Import tariff rates (per cent) Number of tariff lines 
From 0 to 5 2,712 
10 5,368 
15 1,160 
20 967 
25 267 
30 181 
Over 30 35 
 
122. She added that the provision allowing for the app lication of two times the MFN rate of duty to 
goods of unknown country origin had been eliminat ed pursuant to Law No. 211 of 8 January 2008.  
Goods imported under Kazakhstan's Generalized Syst em of Preferences (GSP) were charged at 
75 per cent the MFN rate.  Goods imported from least-developed countries were exempt from 
customs duties.  The GSP rates applied to over 1,500 tariff lines and included goods that were not 
produced in Kazakhstan, as well as handicraft items, art and antiques.  Countries (customs territories) 
eligible for preferential treatment, and the goods concerned, are listed in Annex 6.  
123. A member of the Working Party noted that, although the import duty on ethyl alcohol was set 
a 100 per cent, the tariff had a minimum import rate of not less than €2 per litre which was equivalent to nearly 279 per cent.  This member of the Wo rking Party enquired whet her any other such duties 
that had not been noted existed.  In response, th e representative of Kazakhstan said that the majority 
of import duties were set in ad valorem  terms while specific rates applied to 162 items, including 
alcohol beverages.  Specifically, pursuant to R esolution No. 1317 of 28 December 2007, the import 
duty rate on ethyl alcohol had been set at €2 per litre. 
- Other duties and charges 
124. A member of the Working Party sought a comm itment from Kazakhstan that it would not list 
any other duties and charges in its goods schedul e under Article II:1 (b) of the GATT 1994, binding 
such charges at zero from the date of accession. 
125. The representative of Kazakhstan replied that Kazakhstan did not appl y any other duties and 
charges on imports, except for ordinary import dut ies and fees charged for services rendered.   WT/ACC/SPEC/KAZ/9/Rev.2 
Page 50  
 
  126. [The representative of Kazakhstan recalled that Kazakhstan had bound all tariffs in its 
Schedule of Concessions and Commitments for Goods .  She confirmed that Kazakhstan would from 
the date of its accession to the WTO not apply ot her duties and charges within the meaning of 
Article II:1(b) of the GATT 1994 and would bind such other duties and charges at zero in relation to 
all products included in its Schedule of Concessi ons and Commitments for Goods.  The Working 
Party took note of these commitments.] 
[The representative of Kazakhstan said that Kazakhs tan would take a commitment, from the date of 
the WTO accession, to levy no duties and charges on imports other than ordinary customs duties, fees 
and charges for services rendered; 2) to apply an y such charges to imports in accordance with 
Article II:1(b) of the GATT 1994.] 
- Tariff rate quotas, tariff exemptions 
127. The representative of Kazakhstan said that La w No. 544 "On Regulation of Trade Activity" of 
12 April 2004 provided the general legal framework  for introduction of tariff rate quotas (TRQs) in 
Kazakhstan.  At present Kazakhsta n did not apply TRQs.  However,  the Government intended to 
apply TRQs on meat (poultry).  In an attempt to e liminate "peak rates" in tariff commitments and to 
increase market access opportunities for foreign exporters through allocation of import quotas.  She added that her Government was committed to appl y the most transparent methods for administration 
of TRQs – combining a "first come, first serv ed" method with an automatic import licensing 
procedure.  In this context, she noted that La w No. 214 "On Licensing" of 11 January 2007, had 
introduced automatic licensing procedures (Article 41) .  The Ministry of Industry and Trade would be 
responsible for issuing import licenses to administer the tariff rate quotas. 
128. She noted that tariff exemptions were re gulated by the Customs Code, Government 
Resolutions No. 668 "On Adoption of the List of  Temporarily Imported Goods Exempt from All 
Customs Duties and Taxes and Temporarily Exported Goods from All Customs Duties" of 8 July 2003, and No. 1092 "On Adoption of the List of Leasing Objects Subject to the Customs 
Regime of Temporary Importation of Goods and Vehicles" of 21 August 2001.  The Customs Code 
(Article 330) provided for tariff ex emptions on (i) diplomatic import s; and (ii) goods imported for the 
implementation of investment projects granted on the import of equipment/components for a period of 
up to five years.  The Investments Committee under th e Ministry of Industry and Trade was in charge 
of granting investment preferences, including cust oms duties exemptions.  She stressed, however, that 
investment preferences in the form of  tariff exem ptions were not continge nt upon export performance 
or local content requirements.  She added that Kaza khstan also granted tariff exemptions to certain 
goods originating from CIS countries, except Turkmeni stan, as stipulated in the relevant bilateral  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 51 
 
 
  trade Agreements.   She added that  the Ministry of Industry and Trade was preparing to phase out and 
eliminate currently applied tariff exempt ions (see also "Trade Agreements").  
129. She further noted that goods imported temporarily  to Kazakhstan (i.e. subject to subsequent 
exportation) could be exempted from the payment of customs duties and taxes, either in whole or in 
part.  Goods falling within the scope of Governme nt Resolutions Nos. 668 and 1092 were fully 
exempt from payment of duties, while other temporarily-imported goods were subject to a fee of 
3 per cent of the payable duty, for each month the goods remained on the terr itory of Kazakhstan.  
The term of temporary importation was determined on the basis of the applicant's tasks and 
objectives, and could not exceed a period of three y ears of the date the goods had entered the country.  
To conform with the provisions of the temporar y importation regime, goods had to remain unchanged 
during the period of temporary importation.  Purs uant to Article 189-2 of the Customs Code, the 
customs regime of temporary importation did not c over (i) industrial waste; (ii) spare parts and 
components (except when designated for temporarily  imported vehicles), consumables and samples, 
raw materials and semi-finished goods, with th e exception of temporarily imported samples for 
promotion/demonstration; (iii) foods and beverages (including alcoholic beverages and tobacco 
products), with the exception of temporarily impor ted samples for promotion/demonstration; and 
(iv) goods subject to an import ban.  The tempor ary importation regime did not cover food products 
and beverages, as these goods were solely importe d for consumption and c ould not remain unchanged 
during the three year temporary importation period.  Similarly, spare parts and components, 
consumables and samples, raw materials and semi -finished goods, could not remain unchanged during 
the three year period and were, therefore, excl uded from the product coverage of the temporary 
importation regime.  In response to a specific question,  she said that the transit and trans-shipment of 
food and beverages, which did not fall under the co verage of the temporary importation regime, was 
not prohibited, except if the goods were subject  to a temporary application of sanitary or 
phytosanitary measures.  She also confirmed that samples or products from trade shows were exempt 
from the payment of customs duties and taxes.   
130. The term of temporary importation could be extended beyond three years at the written 
request of an applicant.  To apply for an extension of  this term, an application had to be filed with the 
customs body no later than 15 days prior to the expiry of the initial term.  The extension of the term of 
temporary importation was not subject to customs fees requirements nor to re-submission of the 
customs declaration.  WT/ACC/SPEC/KAZ/9/Rev.2 
Page 52  
 
  - Fees and charges for services rendered 
131. The representative of Kazakhstan said that the new Customs Code (of 1 May 2003) stipulated 
that customs fees were levied for (i) customs clearan ce; (ii) customs escort of goods; and (iii) customs 
warehousing of goods.  Fees were also levied for i ssuing preliminary decisions on the classification of 
goods and the methodology used for identifying the or igin and customs value of goods (Article 290).  
The new Customs Code had abolished the  fee levied at 0.2 per cent of the customs value.  Customs 
clearance fees and customs escort fees were a pplied in accordance with Resolution No. 669 "On 
Adoption of Rates of Customs Fees, Charges and Payments Levied by Customs Bodies" of 8 July 2003, as amended by Resolution No. 202 of 24 March 2006.  The amended Resolution had 
established customs clearance fees specified in fixed amounts (Euro) and levied on the basis of 
distance.  She added that the methodology used fo r the calculation of customs clearance and customs 
escort fees had been developed in accordance  with the recommendations of international 
organizations.  In her view, customs clearance fees were calculated on the basis of the actual cost of services rendered and were in full conformity with  Article VIII of the GATT 1994.  The methodology 
for calculation of customs escort fees is provided in Annex 7. 
132. The customs clearance of goods (and vehicles) incl uded registration of a customs declaration; 
verification of the application of tariff and non-tari ff regulations; verification of compliance of the 
location of goods with customs requirements; admi nistration of customs fees; determination of 
customs value; classification of goods for the pur pose of customs examination and customs expert 
evaluation.  According to Article 293, paragraph 2, of the Customs Code, the costs incurred by 
customs bodies during the customs cl earance process were us ed as the basis for determining the level 
of customs clearance fees.  Customs clearance fees were set at €50 for the main list of the customs 
declaration and at €20 for every additional list. 
133. According to Article 78 of the Customs Code, "customs escort" was an exclusive measure 
used by the customs authorities to convey goods  and their accompanying documents between customs 
points on the territory of Kazakhstan.  The customs authorities could authorize this procedure when (i) the consignee failed to provide a guarantee that  the goods would be delivered; (ii) customs duties 
and taxes were not paid; and (iii) the carrier fa iled to deliver the goods.  The customs escort would 
start no later than 24 hours of the payment the cu stoms escort fees.  Customs escort fees were 
calculated on the basis of the distance between the customs point of departure and the customs point of destination (ranging from €9 for a distance of up to 50 km to €599 for a distance of over 2,000 km).  The methodology used for calculating these fees included  the travel expenses of customs officials, the  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 53 
 
 
  cost of fuel used for transportation, and the depr eciation cost of vehicles; it did not cover for the 
salaries of customs officials.   
- Application of internal taxes to imports 
134. The representative of Kazakhstan said that the Tax Code provided the legal framework for 
application of internal taxes (value added tax an d excise taxes) on imported goods.  Local government 
authorities did not have the right to introduce import ta xes, as these taxes could only be introduced by 
the national government through the adoption of new le gislative acts or amendments to the Tax Code.   
 - Value Added Tax 
135. The representative of Kazakhstan said that value-a dded tax (VAT) was set at a general rate of 
13 per cent, which was levied uniformly on domest ic and imported products.  VAT was levied on 
domestic products on the basis of the volume of ta xable turnover, while for imports VAT was levied 
on the sum of the customs value of goods, other ta xes and mandatory payments.  Kazakhstan applied 
the "country of destination" principle to imports or iginating from all trading partners, including CIS 
countries.  Specifically, as of 1 January 2005 all im ports of oil, natural gas and gas condensate had 
been subject to the normal VAT rate , irrespective of the country of origin.  Pursuant to Article 222 of 
the Tax Code, all exported goods were zero -rated for VAT purposes.  Specifically, since 
1 January 2005, the export of ferrous and non-fe rrous scrap had been zero-rated for VAT purposes.  
The turnover of certain goods (works, services)  was exempted from the payment of VAT in 
accordance with Article 225 of the Tax Code, in cluding property sold through the privatization 
process, goods under a "free warehouse" customs regime , and goods sold in special economic zones.  
Goods (works, services) with sales turnover exempt from the payment of VAT are listed in Annex 8. 
136. She further noted that, pursuant to Article 234 of the Tax Code, VAT was not levied on the 
import of (i) national and foreign currency (except for currencies of cultural and historic value), and 
securities; (ii) goods, imported by natural persons under duty-free regulations; (iii) humanitarian aid, 
except for excisable goods, imported in accordance w ith procedures establishe d by the Government; 
(iv) goods, except for excisable goods, imported as char ity through official channels at the initiative of 
states, national governments, and international or ganisations, including for technical assistance 
purposes; (v) goods imported by diplomats for offici al use that were exempt in accordance with 
international Agreements; (vi) goods subject to d eclaration under customs regimes providing for tax 
exemptions; (vii) Government-approved medicines, including medicinal substances; articles intended 
for medical (veterinary) use, including prosthetic and orthopaedic devices, devices for the deaf and 
blind, medical and veterinary equipment; materi als and components for the production of medicines WT/ACC/SPEC/KAZ/9/Rev.2 
Page 54  
 
  and aids for diabetics, medical (veterinary) prod ucts, including prosthetic  and orthopaedic devices, 
and medical (veterinary) equipment; (viii) postage st amps (except for collectibles); (ix) raw materials 
for production of banknotes by the National Bank a nd its subordinate bodies; (x) equipment for the 
servicing of payment cards, as well as its associated software and spare parts imported for production needs; (xi) goods, imported though official cha nnels under grants, provided by states, governmental 
and international organizations; (xii) goods imported by a leasing party within the framework of 
financial lease contracts; and (xiii) goods  imported by a juridical person, or its 
contractors/subcontractors, in the framework of an  infrastructural project concession Agreement with 
the Government.  
137. A member of the Working Party asked the repr esentative of Kazakhstan to confirm that the 
general rate of VAT was applied to all goods, impor ted and domestic, in particular if there existed 
exemptions for small businesses and exemptions for domestic raw agricultural produce at its first 
point of sale from the farm.   
138. The representative of Kazakhstan replied that VAT  was applied equally to all goods, imported 
and domestic, and that no exemptions applied to domestic agricultural products.  Kazakhstan 
maintained a simplified taxation system for small businesses that were not required to register as VAT 
payers due to their small turnover and the lack  of technical capacity to apply complex tax 
methodologies in rural locations.  She added that producers of primary agricultural products could 
qualify for either of two preferential tax regimes – a regime applicable to juridical persons, producers 
of primary agricultural products; or a regime app licable to farmers (small businesses).  Under the first 
regime, 80 per cent of the VAT payable to the budge t was deferred to later sales when it was fully 
collected.  The VAT payable to the budget at the poi nt of first sale was determined by the difference 
between the VAT charged and the VAT paid for input s.  Thus, the tax deferral extended only to the 
reduction in the VAT payable to the budget by agricu ltural producers, while the price of agricultural 
goods sold reflected the full 13 per cent VAT (i.e. the same as imported like products) payable by 
consumers, including food processing enterprises.  In pa rticular, the final consumer or distributor paid 
the 13 per cent VAT which was then reflected in  the market price of the goods.  Agricultural 
producers collected the 13 per cent VAT from buyers (processors, consumers) as part of the product 
price.  Pursuant to Article 388 of the Tax Code, agricultural producers calcu lated their VAT liability 
and paid it directly to the budget (less the 80 per cent  discount).  In addition, as of 1 January 2007, 
producers of certain agricultural products (as define d in Article 244-1 of the Tax Code) had the right 
to reduce their VAT liability by up to 70 per cent.  She emphasized that the sale of agricultural products was not exempted from the payment of VAT a nd that this special tax regime was applicable 
only to producers of agricultural products.  The sec ond simplified tax regime applied to small farmers  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 55 
 
 
  producing agricultural goods or processing their own ag ricultural produce.  This regime was based on 
a "single land tax" (set at 0.1 per cent of the asses sed value of the land) which replaced the individual 
income tax, land tax and charges for its use, prope rty tax, transport tax and value-added tax.  The 
farmers eligible for this regime  were small business entities of a nnual turnover of less than 15,000 
MCIs which did not have to register as VAT paye rs.  She acknowledged that this was an exception 
from the uniform application of the 13 per cent VAT, but held the view that the simplified tax regime 
supported an important public policy in a reasonable manner.  She adde d that the existence of such a 
minimum turnover threshold was an accepted international practice a pplied in rural communities that 
could not bear the burden of a complex tax system .  In her opinion, these two tax regimes did not 
contradict the provisions of Article III:2 of the GATT 1994.  
- Excise Tax 
139. The representative of Kazakhstan said that excise tax rates were approved by Government 
Resolution No. 137 "On Rates of Excise Taxes on Excisable Goods Produced in the Republic of 
Kazakhstan and Imported to the Customs Territory  of the Republic of Kazakhstan and on Gambling 
Business" of 28 January 2000.  This Resolution stip ulated that excise rates were equal for domestic 
and imported goods, except for alcohol, tobacco, automobiles, gasoline and diesel fuel.   
140. To ensure the progressive unification of excise taxes, her Government had increased excise 
rates on domestically produced pr oducts by amending Resolution No. 137 by Resolutions No. 1257 of 
26 November 2002, No. 182 of 20 February 2003,  No. 241 of 27 February 2004, No. 1035 of 
15 October 2005, and No. 168 of 19 February 2008.  Thus, the excise tax had increased from 
KZT 315 to KZT 400 per 1,000 pieces of tobacco pr oducts with filter; from KZT 180 to KZT 200 per 
1,000 pieces of other tobacco products; from KZT 3 to  KZT 40 per litre of ethyl alcohol (HS heading 
2207); and from KZT 125 to KZT 250 per litre of 100 per cent spirit for alcoholic beverages (other 
than beverages of an alcoholic strength by volum e not exceeding 12 per cent volume, cognac, brandy, 
wine beverages, wine, champagne, sparkling and carbonated wine and beer).  Domestic cognac and 
brandy were subject to an excise tax of KZT 100 per litre of 100 per cent spirit while imports were 
subject to a rate of €4.25 per litre.  Domestic wines, including champagne, sparkling and carbonated 
wines and other beverages were subject to a exci se tax of KZT 20 per litre; for imports the tax was 
€0.4 per litre.  Domestic beer was subject to a ta x of  KZT 10 per litre, wh ile imports were charged 
€0.2 per litre.  Excise taxes levied on the basis of the percentage of alcohol content had also been 
established.   
141. Additionally, her Government had introduced a system for controlling the manufacturing and 
turnover of alcoholic products through the use of registration and control marks (Resolution WT/ACC/SPEC/KAZ/9/Rev.2 
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  "On Labelling Certain Types of Goods with Sta tistical Control Marks" of 3 December 2004).  
Her Government had also adopted Resolution No. 274 "On Amendments to the Government 
Resolution No. 137 of 28 January 2000" of 5 April 2007 which established an excise tax levied at a 
rate of KZT 1,000 per kg on domestically produced  smoking, chewing and other tobacco (with the 
exception of pharmaceutical products containing nico tine).  These tobacco products had previously 
not been subject to the payment of the €5 per kg excise  tax applicable to their imported equivalents.    
142. She further noted that Kazakhstan did not appl y excise tax on imports of (i) excisable goods 
imported by natural persons within limits set by the Government; (ii) excisable goods required for 
operation of vehicles, involved in  international transportation, en route  and in intermediate locations, 
as well as excisable goods, purchased abroad for the repair of damages caused by a road accident 
(breakdown); (iii) goods damaged prior to being transported acro ss the customs border and rendered 
unusable as products and materials; (iv) goods impor ted for use (including personal use) by foreign 
diplomatic representative offices and offices of the same status; exempted from excise under 
international Agreements to which Kazakhsta n was party; (v) goods exempted under customs 
treatment in accordance wi th the customs legislation, except fo r the "issue of goods for free use"; and 
(vi) products containing alcohol used in medicine  (except for balm), in containers of volume not 
exceeding 100 ml and registered in accordance with Kazakhstan's legislation.    
143. Some members of the Working Party enquired about  the target date for unification of excise 
taxes.  These members of the Working Party also asked the representative of Kazakhstan to confirm 
that there were no additional excise tax exemptions, namely that excise tax was applied to all similar 
goods imported from all countries in a non-discrim inatory manner.  Kazakhstan was asked to 
eliminate differential excise taxes upon accession.   
144. The representative of Kazakhstan replied that Kazakhstan would achieve the full unification 
of excise tax rates by the date of WTO accession.  She also confirmed that excise taxes were applicable to domestic and imported goods regardl ess of the country of origin.  She added that 
Kazakhstan was considering to make the commit ment contained in the following paragraph. 
145.  [The representative of Kazakhstan said that , from the date of accession, Kazakhstan would 
apply its domestic taxes, including those on products listed in Annex [...] in strict compliance with 
Article III of the GATT 1994, in a non-discriminat ory manner to imports regardless of country of 
origin and to domestically-produced goods.  The Working Party took note of this commitment.]  WT/ACC/SPEC/KAZ/9/Rev.2 
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  - Quantitative import restrictions, including  prohibitions, quotas and licensing systems 
146. The representative of Kazakhstan said that K azakhstan did not apply any quantitative import 
restrictions, except restrictions established pursu ant to Government Resolution No. 681 "On ban 
imposed for goods and vehicles imported to the terri tory of the Republic of  Kazakhstan and exported 
from its territory that were prohibited to be locat ed under special customs regimes, and the bans and 
limitations for conducting operations  with goods under special custom regimes" of 10 July 2003, 
adopted in accordance with Articles 8, 125, 142, 153, 165, 175, 182 and 240 of the Customs Code.  This Resolution banned imports of (i) military w eapons and ammunition, materials and equipment 
which could be used in the production of weapons of  mass destruction; (ii) narcotics, psychotropic 
agents and precursors, as well as instruments for thei r consumption; and (iii) printed and illustrative 
materials aimed at creating propaganda for war, te rrorism, violence, racism, as well as pornographic 
materials.  She added that a quota on imported grindi ng and forged spheres (Resolution No. 1243) and 
a limitation on the imports of ethyl spirit and al coholic beverages (Resolution No. 1031) had been 
abolished on 1 January 2003 and 17 June 2004 respec tively.  She confirmed that the list of import 
prohibitions listed in this paragra ph was exhaustive.  In response to a specific question, she stated that 
Kazakhstan did not apply, and ha d never applied, any import prohibition on the import of second-
hand clothes and tires.   
 - Import licensing 147. The representative of Kazakhstan said that, to bring Kazakhstan's legislation in compliance 
with the Agreement on Import Licensing Procedur es, her Government had adopted Law No. 214 
"On Licensing" of 11 January 2007 which had intr oduced automatic licensing procedures (Article 41).  
All licence applications were approved within ten working days, provided all necessary documents 
were presented.  Applications could be submitted on any working day prior to the customs clearance 
of the goods.  The list of goods subject to automatic  licensing, as well as the procedure for issuing 
such licenses would be approved by the Government.  Currently it was envisaged that the importation 
of goods subject to tariff rate quotas would be subject to automatic licensing.     
148. Non-automatic licensing would not restrict or di stort trade more than to the extent necessary 
to meet the requirements that gave rise to the introduction of such licensing (Law "On Licensing", 
Article 38).  The list of goods subject to licensing would be established by the Government with the 
objective to protect national security, as well as human life and health, and the environment, without 
the use of quantitative restrictions (Article  40).  The list of goods subject to import (and export) 
licensing, as well as the rules governing the licensing of goods (and services), were approved by Government Resolution No. 1037 "On licensing e xport and import of goods and services in the WT/ACC/SPEC/KAZ/9/Rev.2 
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  Republic of Kazakhstan" of 30 June 1997.  The im portation of ethyl spirit and alcoholic beverages 
was subject to activity licensing pursuant to Article 36 of the Law "On Licensing".  The import 
licensing of ethyl spirit and alcoholic beverages wa s regulated by the Rules approved by Government 
Resolution No. 1031 "On licensing of import of ethyl spirit and alcoholic bevera ges in the Republic of 
Kazakhstan" of 27 June 1997.  Goods subject to im port and export licensing are listed in Annex 9 (a) 
and 9 (b).  Information on licensing rules and procedur es is contained in Annex 9 (d).  In response to a 
specific question, she confirmed that the proce dures listed in Annex 9 outlined all import licensing 
procedures contained in Government Resolution No. 1037 and Government Resolution No. 1031. 
149. Import (and export) licences were issued by the Ministry of Industry and Trade, with the 
exception of ethyl spirit and alcoholic beverages, for which licenses were issued by the Ministry of Finance.  All licenses were issued for one calendar y ear with a possible one year extension.  To obtain 
an import/export licence from the relevant Ministry the applicant had to submit (i) an application; 
(ii) a copy of the purchase/sale Agreement betw een traders, along with an original copy for 
verification; (iii)  a copy of a contract between the exporter/manufacturer or importer/consumer if the 
application was filed by an intermediary; (iv) a certif icate of state registration; (v) confirmation of the 
payment of the licence fee; (vi) an  activity licence issued by the relevant authorized body for certain 
types of activities; and (vii) a list of submitted docum ents.  In addition, to obtain a licence for the 
importation of ethyl spirit and wine materials an ap plicant had to submit an activity licence for the 
production of alcoholic beverages (using ethyl spirit or wine materials).  To obtain a licence for the 
importation of alcoholic beverages (other than bee r) an applicant had to submit an activity licence for 
the production, storage or wholesale distribution of alcoholic beverages.  She held the view that 
import licenses were granted on a non-discriminator y and most-favoured-nation basis (see "Trading 
Rights" for further information on state registration and activity licensing). 
150. Pursuant to Article 45 of the Law "On Licensi ng", an import licence could be refused when 
applicants (i) were engaged in activities which we re prohibited for that particular category of 
enterprises; (ii) failed to submit the complete set of required documents  – upon presentation of the 
missing documents, the application w ould be considered on the generally  applicable basis; (iii) failed 
to pay the activity licence fee when applying for an activity licence; (iv) failed to meet the required 
qualification requirements; and (v) were prohibited to engage in certain activities by a court ruling.    
151. Pursuant to the "Methodology for Calculation of Import/Export Licensing Fees and Fees for 
State Registration of Juridical Persons", import/export licensing fees reflected the cost of services rendered.  The methodology included the cost of "purchase of other goods" but excluded the cost of 
travel expenses within the country.  Pursuant to  Resolution No. 610 "On Approval of Licensing Fees  WT/ACC/SPEC/KAZ/9/Rev.2 
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  Rates for the Right to Perform Certain Types of Activities" of 19 July 2007, import/export licensing 
fees were set at a fixed rate (instead of MCIs) b ased on the actual cost of  issuing (or re-issuing) 
licenses or duplicates.  In her view, these fees were in full conformity with the provisions of 
Article VIII of the GATT 1994.  The methodology for calculation of fees is described in Annex 9(f). 
152. A member of the Working Party asked the re presentative of Kazakhstan to clarify whether 
Government Resolution No. 1037 of 30 June 1997 pr ovided for activity licensing, import licensing of 
goods, or both.   
153. The representative of Kazakhstan replied that  Government Resolution No. 1037 covered 
import and export licensing of goods (as well as wo rks and services).  She added that Kazakhstan was 
considering to make the commitment c ontained in the following paragraph. 
154. [The representative of Kazakhstan confirmed that, from the date of accession, Kazakhstan 
would not introduce, re-introduce or apply quantitativ e restrictions on imports or other non-tariff 
measures, such as licensing, quotas, bans and other rest rictions having equivalent  effect that could not 
be justified under the provisions of the WTO Agre ement.  If balance-of-payment measures were ever 
necessary in the future, Kazakhstan would impose th em in a manner consistent with the relevant 
WTO provisions, including Articles XII of the GATT 1994 and the Understanding on Balance-of-
Payments Provisions of the GATT 1994.] 
- Customs valuation 
155. The representative of Kazakhstan said that custom s valuation was carried out on the basis of 
the new Customs Code of 5 April 2003, as ame nded by Law No. 62-III of 20 June 2005 and Law 
No. 211 of 8 January 2007.  Issues relating to the cu stoms valuation of goods were also regulated by 
the Decree of the Customs Committee No. 209 "On A doption of Rules on Completion of Declarations 
of Customs Value and Customs Value Adjustment  Forms" of 15 May 2003.  She added that 
Government Resolution No. 782 of 16 July 2002, dealing with inde pendent conformity assessment of 
customs valuation, had been invalidated as of 19 December 2003.  She confirmed that all legislation 
related to customs valuation in Kaza khstan was listed in this paragraph. 
156. She noted that Article 308 of the Customs Code stipulated that the customs valuation of 
imported goods was determined according to six met hods:  (i) transaction value; (ii) transaction value 
of identical goods; (iii) transaction value of similar goods; (iv) deduction of costs method; 
(v) composition of costs; and (vi) reserve met hod.  The transaction value method established the 
customs value of goods on the basis of their sale price in the importing country, and had priority over WT/ACC/SPEC/KAZ/9/Rev.2 
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  the other methods of valuation.  When the appli cation of this method was impossible, other methods 
were used in the order indicated above, until the customs value was determined.   
157. Regarding the method for determining customs va lue on the basis of deduction of costs, the 
amendments to Article 312 introduced by Law No. 62 of 20 June 2005 stipulated that (i) the customs authority could not require from a non-resident information determining the customs value; and 
(ii) information supplied by the producer of the goods for the purposes of de termining customs value 
could be verified with the Agreement of the pr oducer provided that sufficient advance notice was 
given to the government of the country in question an d the latter did not object to the investigation.   
158. According to Article 314 of the Customs Code , the "reserve" method was applied when the 
customs value could not be determined by a su ccessive application of all other methods.  When 
applying the reserve method the customs authority could use Government recognized price reference 
books, statistical data, generally accepted commission ra tes, discounts, profit, transport rates and other 
data.  However, the reserve method did not foresee th e use of (i) the price of goods on the domestic 
market of the exporting country; (ii) a system which stipulated the use of the higher of two alternative 
values; (iii) the price of goods supplied by the expor ting country to third countries; (iv) the price of 
the goods in Kazakhstan in relati on to domestic goods; (v) arbitrary or unconfirmed values; (vi) the 
value of identical or similar goods determined on the basis of expenses not stipulated in Article 313 of 
the Code; and (vii) minimum customs values.  The application of price reference books had been approved by Government Resolution No. 794 "On information reference books used upon the 
application of the reserve method of determina tion of goods customs valu e" of 8 August 2003 and 
Government Resolution No. 797 "On Changes to Go vernment Resolution No. 788 of 9 June 2001" of 
11 August 2003.  The appropriate data adjustme nt was mandatory, taking into account commercial 
standards (wholesale, retail) and/or the quantity of goods being valued.  She acknowledged that the 
application of the reserve method might amount to an administered valuation of imports based on 
information gathered by the customs authorities.  She added that her Gove rnment would amend the 
Customs Code to remove the provision allowing the use of reference books. 
159. She added that, where the conversion of curre ncy was necessary for the determination of 
customs value, the official exchange rate was used (Article 303 of the Customs Code). 
160. She said that, according to Article 311 of th e Customs Code, "homogenous" or "similar" 
goods meant commercially interchangeable goods which had similar characteristics and consisted of 
similar components, to the extent that allowed them  to perform the same functions as the goods being 
valued.  The goods had to be manufactured in the sam e country as the goods being valued; they could, 
however, be manufactured by another manufacturer.  The goods' quality, trademark availability, and  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 61 
 
 
  market reputation were all taken into account when  determining the similarity of goods.  Article 309 
of the Code set out the conditions for goods not to be  considered similar.  Pursuant to the amendments 
to Article 311 introduced by Law No. 62-III of  20 June 2005 (i) insignificant differences in 
appearance could not serve as the b asis for refusal to recognize goods as similar; (ii) the cost of 
similar goods imported in different quantity and at a different comme rcial level could be used, and 
their value had to be adjusted taking into consideration these differences when there were no cases of 
import of goods in the same quantity and at the sa me commercial level; (iii) some adjustments had to 
be introduced on the basis of reliable information ve rified by documentation; and (iv) the lowest value 
had to be applied to determine the customs value of imported goods when more than one transaction 
value with similar goods was identified.  In her vi ew, Article 309 had been amended to bring into 
conformity the definition of persons associated in exportation and importa tion of goods with the 
provisions of Article 15(5) of the Agreement on Implementation of Article VII of the GATT 1994 
(the Customs Valuation Agreement).  
161. Asked whether Kazakhstan applied minimum values,  the representative of Kazakhstan stated 
that Kazakhstan did not determine customs value on the basis of fi xed minimum values.  She added 
that, in accordance with Article 310 of the Custom s Code, when determining customs value based on 
the transaction value of identical goods and more th an one transaction value for identical goods was 
identified, the lowest value was applied to dete rmine the customs value of the imported goods.  
162. Asked about the existing procedures for judicial review of customs measures, she replied that 
Code No. 155-11 "On Administrative Violations" ha d been adopted on January 2001.  This Code, 
governed procedures on disputes related to customs valuation, as well as cases involving deliberate 
evasion of customs duties and taxes.  Bodies author ised to address cases of administrative violation 
and the imposition of sanctions were appointed according to this Code. 
163. Concerning the right of appeal, she said that Articles 318 (paragraph 7) and 319 of the 
Customs Code provided for the right of appeal of customs authorities' decisions related to customs 
valuation of goods, while Section XV of the Code stipulated specific provisions for appeal.  She 
added that Presidential Decree No. 2340 "On Order of the Consideration of Subjects Appeal" of 
19 June 1995 determined the order in which deci sions were appealed.  Asked specifically whether 
paragraph 7 of Article 318 foresaw a right of app eal without penalty, she replied that Article 318, 
paragraph 7, did not stipulate any penalty provi sions upon determination of the customs value of 
goods by the customs authorities.  She added that Article 493 of the Customs Code ensured the right of appeal against actions (or failure to act) of th e customs authorities to (i) the customs authorities; 
(ii) the higher customs authorities; (iii) the authorized body on customs issues; and/or (iv) the courts.  WT/ACC/SPEC/KAZ/9/Rev.2 
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  Complaints against the decisions or actions of th e customs authorities and customs officers could be 
submitted within one year of the infringement.  Co mplaints against notifications of the customs 
authority on enforcement of debts and fines shoul d be submitted within ten days (subject to an 
extension).  The execution of appealed decisions and actions would not be with held by the submission 
of a complaint, except if there were grounds to belie ve that the decisions/actions under appeal did not 
comply with the customs legislation of Kazakhstan; or the appeal was made with regard to a 
notification on enforcement of debts and fines.  A decision was taken within 15 days or, for 
complaints requiring further examination and verificati on, within one month.  Pursuant to Article 503 
of the Customs Code, the decisions and actions of the customs body or customs officers could also be 
examined using a simplified procedure when th e value of the goods or vehicles did not exceed 
100 MCIs.  This simplified procedure required a subm ission of a written complaint to the head of the 
customs authority; a decision was taken within one day. 
164. Concerning the transparency and publication requirements of the Customs 
Valuation Agreement, the representative of Kaza khstan said that Article 30 of the Customs Code 
provided for the publication of normative legal act s on customs-related issues in the official 
periodicals.  Relevant information was also dissem inated at various border check-points; airports, 
railway and car terminals, as well as seaports; on board of vehicles, as well as aircraft and marine vessels involved in international traffic; and in cu stoms control zones.  Customs authorities provided 
unimpeded access to the relevant laws, normative le gal acts, court decisions and administrative acts 
for all interested parties involved in foreign econom ic activity, except for confidential information as 
outlined in Article 26 of the Customs Code.  Th e customs authorities were available to provide 
explanations ("consulting") on the provisions of the customs legisla tion both in person and in writing 
(Article 31).  The Customs Control Committee pr ovided information on relevant customs-related 
legislation, administrative decisions, explanatory notes and foreign trade statistics on its website, 
www.customs.kz, as well as in the periodicals "Offi cial Gazette", "Zan", "Keden" and "Customs 
Bulletin".  Pursuant to Article 18 of the Customs Code, the authorized body was entitled to involve all 
interested parties, including traders, in the deve lopments of customs-rela ted legislation (e.g. the 
development of the Customs Code).  She added th at, in accordance with Article 32 of the Customs 
Code, customs officials were legally account able for providing accurate information. 
165. Surety bond (warranty) provisions were covere d in Article 321, 338 and 339 of the Customs 
Code.  Customs authorities had the right to carry out the conditional release of goods, as long as customs duties and fees were secured in accordance with the customs valuation performed by the 
customs authorities on the basis of available price in formation.  This inform ation would be generated 
on the basis of statistical data contained in the customs cargo declaration.  The deposited amount of  WT/ACC/SPEC/KAZ/9/Rev.2 
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  customs duties and fees was normally valid for sixty calendar days from the date the goods were 
released.  Guarantees could take the form of co llateral; bank guarantees; deposit on the account of the 
customs body; and insurance contracts.  Upon presentation of documents confirming the declared 
customs value, the deposit would be refunded or o ffset in accordance with Chapter 43 of the Customs 
Code.  A deposit would be refunde d, provided that the commitments of the deposit were fulfilled, 
within ten working days of receipt of the request.  The request could be submitted no later than five 
years after the commitment was fulfilled.  She held  the view that these provisions were consistent 
with Article 13 of the Customs Valuation Agreement. 
166. A member of the Working Party noted that on ly the Interpretative Notes to Article 1 and 
Article 15 of the Customs Valuation Agreement we re partially included in Kazakhstan's Customs 
Code.  This member of the Working Party enqu ired when the Interpretative Notes would be 
completely included in the Customs Code.  In r esponse, the representative of Kazakhstan said that 
Law No. 211 "On Amendments into the Customs Code of the Republic of Kazakhstan" of 
8 January 2007 had amended Article 307 of the Cust oms Code.  According to the amendments, the 
customs value of imported goods was based on the general principles of customs valuation of the 
Customs Valuation Agreement. 
- Rules of origin 
167. The representative of Kazakhstan said that Secti on IV of the Customs Code established the 
rules for determination of the country of origin of  goods.  These rules applied to both non-preferential 
and preferential trade and established a uniform system  for determining the country of origin that was 
used for the application of both tariff and non-tari ff measures to exports and imports.  This system 
was developed by the World Customs Organization and covered the provisions of the Kyoto Convention.   
168. She noted that in accordance with the criteria set out in the Customs Code, the country of 
origin was the country, in which a good was who lly-obtained or had undergone significant processing 
involving inter alia  changes in tariff code and value added.  Several countries, as well as customs 
unions, could be viewed as the country of origin, pr ovided that this was jus tifiable for the purpose of 
determining the country of origin.   
169. In response to a specific question she confirme d that the tariff nomenclature referred to in 
Article 157 of the Customs Code corresponded to the subheadings and headings of the tariff 
nomenclature mentioned in Article 2(a)(i) of the Agreement on Rules of Origin, adding that 
Kazakhstan had adopted the 2002 Harmonized System nomenclature.  In response to another specific WT/ACC/SPEC/KAZ/9/Rev.2 
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  question, she confirmed that Law No. 62 "On Amendm ents and Addenda to the Customs Code of the 
Republic of Kazakhstan" of 20 J une 2005 had amended paragraph 2 of Article 33 of the Customs 
Code to clearly state that the country of origin  of goods could be a group of countries and customs 
unions of countries. 
170. The representative of Kazakhstan added that pursu ant to Article 38 of the Customs Code, the 
country of origin of goods could be certified by either  a certificate of origin or a declaration of origin.  
In accordance with Article 41, a certificate of orig in was required for imports subject to preferential 
treatment by Kazakhstan, goods subject to non- tariff measures, and pursuant to Kazakhstan's 
international Agreements.  Certificates of orig in were also required in accordance with existing 
legislation on sanitary and epidemiological safety,  environmental protection, protection of human 
health, consumer rights, public order and national secu rity.  A certificate of origin had to contain an 
indication of the country of origin; a written decl aration that the good conformed to the corresponding 
criteria of origin; and a written certification regardi ng the accuracy of the supplied information, issued 
by the competent body of the country of export.  She stressed that certific ates of origin were not 
obligatory for non-preferential trade, except if th e customs authorities had sound reasons to believe 
that goods originated from countries subject to  non-tariff measures; or if so required by 
international Agreements.  Failure to provide a correctly drafted certificate or information on the 
origin of a good was not a sufficient reason fo r denial of customs clearance, except for cases 
stipulated in paragraph 1 of Article 42 (i.e. if th e goods originated in countries from which imports 
were prohibited).  Goods imported without a corre ctly completed certificate of origin would be 
subject to MFN duty rates.  When goods subject to  FTA or GSP preferential treatment were imported 
without a correctly completed certificate of origin, the preferential treatment would only apply if the importer provided a confirmation of the country of  origin within a year of filing the customs 
declaration.   
171. Chapter 9 (Articles 47-52) of the Customs Code stipulated the order (sequence) that applied 
when issuing a certificate of origin.  The rules governing the procedure for preliminary decisions 
taken by the customs authorities were set out in Order No. 210 of the Customs Control Agency of 15 May 2003.  According to the Customs Code, a d ecision was issued within ten working days and 
was valid for three years.  A preliminary d ecision could be annulled or amended by a written 
justification if (i) the World Customs Organization adopted a binding decision that would affect Kazakhstan; (ii) inconsistencies existed between the preliminary decision and signed 
international Agreements; (iii) the Customs Code w as amended with regard to  provisions related to 
preliminary decisions; (iv) administrative viola tions were recorded during the decision-making 
process; and (v) the decision was taken on the basis of incomplete or incorrect information provided  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 65 
 
 
  by the applicant.  The new decision entered into fo rce only after the applicant had been notified about 
the amendment or nullification.  The decision ma y be published and provided in writing upon written 
request to any person, excluding confidential inform ation.  The Customs Code did not contain any 
provisions prohibiting applications before actual trad e had begun or at any later stage.  A review of 
administrative actions on the application of rules of origin by judicial, arbitral or administrative tribunals or procedures was not foreseen.  Neverthe less, section XV of the Customs Code provided for 
the appeal of customs authorities' resolutions a nd decisions.  A comparative table, outlining the 
relevant provisions of K azakhstan's Customs Code alongside provisi ons of the Agreement on Rules of 
Origin, is provided in Annex 10(a). 
172. A member of the Working Party noted that the ri ght to seek a determination of origin prior to 
importation was contained in Article  2(h) and Annex II, paragraph 3( d), of the Agreement on Rules of 
Origin.  Some members of the Wo rking Party stated that Kazakhsta n should implement this and other 
aspects of the Agreement (e.g. right of appeal) prior to WTO accession.   
173. The representative of Kazakhstan replied th at Law No. 211 "On Amendments into the 
Customs Code of the Republic of Kazakhstan" of  8 January 2007 had ame nded Article 47 of the 
Customs Code to ensure that the customs author ities (except customs points and checkpoints) would 
issue a preliminary decision on the determination of  the origin when information on the goods was 
presented in accordance with Article 48 of the Cust oms Code.  The preliminary decision would be 
applicable to both preferential and non-preferential trade.   
- Other customs formalities 
174. Some members of the Working Party stated that the requirement to obtain an import 
"transaction passport", in addition to registration and licensing for currency control was duplicative 
and an unnecessary burden on trade.  These members of the Working Party were concerned that the transaction passport constituted an unacceptable un iversal licensing system and currency control 
incompatible with Articles XI and XV of GATT 1994.  These members of the Working Party asked 
Kazakhstan to remove the transaction passport requirement prior to WTO accession.   
175. The representative of Kazakhstan replied that  in accordance with the Law "On Currency 
Regulation and Currency Control" and Resolution of the National Bank Board No. 343 "On Adoption 
of Guidelines for Export and Import Currency C ontrol in the Republic of Kazakhstan" of 
5 September 2001, resident importers  and exporters had to obtain a "transaction passport" for any 
transaction exceeding US$10,000.  The issuance of a transaction passport by the commercial bank of 
the exporter or importer was automatic, free of ch arge, and took two working days.  The transaction WT/ACC/SPEC/KAZ/9/Rev.2 
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  passport contained basic information on foreign trade contracts and allowed monitoring of the flow of 
goods and currency involved in export and import oper ations.  She stressed that the key function of 
the transaction passport was to assign a special identi fication number to the foreign trade contract and 
added that data analysis was important for statis tical record keeping and the monitoring of foreign 
trade.  It was by no means used for trade-balanc ing purposes or as a quantitative restriction and, as 
such, could not be viewed as a hindrance to forei gn economic activities nor as an additional burden on 
commercial relations.  She held the view that the transaction passport did not contradict the provisions 
of Article XI of the GATT 1994.  Furthermore, since 1 January 2007, the procedures for obtaining a 
transaction passport had been significantly simplifie d by centralizing the application process (the 
transaction passport was now only issued by the commercial bank of the exporter or importer) and 
eliminating a number of requirement s for additional information.  In addition, licensing/registration 
requirements in relation to currency control had been  abolished in respect to transactions registered 
with passports, thus eliminating any duplication or a dditional burden on trade.  She also noted that the 
experience of other countries had shown that the elimination of the transaction passport would 
actually increase the administrative burden on (s mall and medium-sized) enterprises which would 
need to provide statistical reports on a much more regular basis.  A comparative table describing the 
simplification of the transaction passport regime is provided in Annex 10(b).   
176. Some members of the Working Party expressed  concerns regarding the requirement to 
provide an electronic copy of the import and export declaration as part of the required customs documentation, as well as the granting of an exclusiv e licence for the provision of electronic copies of 
these declarations to "Accept Corporation".   The cost  to the importer of obtaining such an electronic 
copy, and the requirement that importers still had to present a paper copy of the import declaration 
also represented a concern. 
177. The representative of Kazakhstan replied that, to facilitate control at the border, the 
Government had first introduced electronic monito ring by setting up a transaction passport database 
and a Unified Automated Information System (U AIS).  The UAIS had operated on the basis of 
electronic copies of customs declarations provide d by "Accept Corporation", which had held an 
exclusive right to make such copies.  In 1999, the Government had withdrawn the exclusive right 
from Accept Corporation and since then the UAI S had been operated by the Customs.  The 
Government planned to introduce an "Electroni c Customs" project, which would implement a 
transition to the use of electronic customs documents .  In the meantime, the use of the paper customs 
declaration would continue.  Concerning the prot ection of confidential information under the UAIS, 
she said that the Customs Control Committee used st andard software to ensure the security of 
information in the system.  She pointed to Article  26 of the Customs Code, which ensured that such  WT/ACC/SPEC/KAZ/9/Rev.2 
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  data could not be disclosed, used by customs official s for personal ends, or transferred to third parties 
(exceptions were contained in paragraph 3 of this Article).  In addition, Law No. 217 
"On Informatization" of 11 January 2007 provided that "electronic resources with restricted access" 
would be protected by the national operator of the information system (Articles 10 and 42).  
178. Asked about the results of the review of the temporary customs warehouse storage regime, the 
representative of Kazakhstan replied that the temporary storage regime was regulated by Chapter 13 
of the Customs Code of the Republic of Kazakhsta n (Articles 87-111).  Temporary storage of goods 
was not limited or restricted to the use of temporary storage warehouses, but could also involve storage in vehicles, warehouses owned by the goods' recipient, as well as special quarters allocated 
and equipped either for indoor or outdoor storag e.  Furthermore, licensing requirements and fees 
charged for temporary storage were not required wh en goods were stored in vehicles, warehouses 
owned by the goods' recipient, as well as in special quarters allocated and equipped either for indoor 
or outdoor storage.  Pre-arrival declaration pr ocedures, periodic declaration procedures, and 
procedures related to the customs clearance of urgent  consignments stipulated that goods and vehicles 
cleared under high-priority and simplified procedures could be released directly without placement in 
a temporary storage location (temporary storage wa rehouses).  No physical placement of goods and 
vehicles in a temporary storage warehouse was requi red when goods were cleared by customs within 
one business day. 
- Preshipment inspection 
179. The representative of Kazakhstan stated that  preshipment inspection did not exist in 
Kazakhstan.  In 1995-1997, preshipment inspection had been carried out by "Societe Generale de 
Surveillance S.A." but Kazakhstan had discontinue d this company's contract.  The preshipment 
inspection procedure had applied to all impor ted goods, except for goods imported from CIS 
countries; goods of customs value lower than US $3,000; goods of strategic importance; double 
purpose goods; and printing materials. 
180. She also noted that in 2001-2005, an independent  expert examination of the customs value of 
imported goods had been conducted by the private company "ICS Inspection and Control Services 
Kazakhstan".  This procedure had not represented a preshipment inspection as the decision had been 
taken within 30 days of the sampling of importe d goods.  The independent expert examination had 
applied to all imported goods, except for goods incl uded in the List of Goods not Subject to 
Independent Examination, such as goods of strategi c importance and medicines.  This system was no 
longer in place. WT/ACC/SPEC/KAZ/9/Rev.2 
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  - Anti-dumping, countervailing duty and safeguard regimes 
181. The representative of Kazakhstan noted that the use of anti-dumping, countervailing and 
safeguard measures was regulated by Laws No. 421- 1 "On Anti-Dumping Measures" of 13 July 1999, 
No. 441-1 "On Subsidies and Countervailing Measures" of 16 July 1999 and No. 337-1 "On Safeguard Measures of the Domestic Market in Importation of Products" of 28 December 1998.  
These laws had been amended by Law No. 114-III "On Amendments and A ddenda to Legislative 
Acts of the Republic of Kazakhstan on Subsidi es, Countervailing and Antidumping Measures" of 
9 January 2006 and Law No. 53-III "On Amendments  and Addenda to the Law 'On  Safeguard 
Measures of the Domestic Market in Importation of Products'" of 16 June 2005.  She said that the amendments had brought Kazakhsta n's legislation into full compliance with the provisions of the 
relevant WTO Agreements.  These Laws defined the rules and procedures for the use of anti-
dumping, countervailing and safeguard measures for protecting the domestic market against the 
adverse effects of an increased share of imports or supplies of dumped or subsidized goods.  In 
addition, Government Resolution No. 1374 of 9 September 2000 had established the rules for 
conducting investigations. 
182. Under Kazakhstan's trade remedy legislati on, anti-dumping, countervailing and safeguard 
duties could only be introduced when there was ev idence that serious damage had been incurred or 
had threatened domestic producers of a like product.   These measures could be implemented for a 
limited term, sufficient to allow domestic producers to adapt to the competitive environment.  The 
authorized body for conducting an investigation concerning trade remedy measures was the 
Committee on Trade Regulation under the Ministry of Industry and Trade.   
183. The Law "On Antidumping Measures" had been amended in line with the provisions of 
the Agreement on Implementation of Article VI of the GATT 1994 (the Anti-dumping Agreement).  
The term "normal price" had been replaced by "nor mal value" and the concept of ordinary course of 
trade had been modified in line with the Agreement.  The de minimis dumping margin had been 
reduced from 5 to 2 per cent, in accordance with the Agreement.  To ensure transparency and 
confidentiality, the authorized body would be required to make written evidence, presented by one 
interested party, promptly available to other interest ed parties participating in the investigation, with 
the exception of confidential information.  Investig ations should last for a year and, if necessary, 
could be prolonged for another six months.  No tifications on the introduction of anti-dumping 
measures would be made in the official media.  
184. The Law "On Subsidies and Countervailing M easures" had been amended to introduce new 
definitions of the terms "domestic producers", "lik e products" and "specific subsidy".  The provisions  WT/ACC/SPEC/KAZ/9/Rev.2 
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  of the Law had been brought in conformity with the provisions of Article 8 of the Agreement on 
Subsidies and Countervailing Measures (SCM Agreement)  with regard to non-specific subsidies.  The 
new amendments had introduced provisions for hol ding consultations aimed at reaching a mutually 
acceptable solution, prior to conducting an investigati on.  Throughout the investigation, foreign states 
would be given a reasonable opportunity to continue  such consultations.  The authorized body had 
been given the authority to extend beyond one month the period for reply to a request.  In reply to a 
specific question, she said that the concept of "ben efit" was contained in Article 1 (paragraph 16) of 
the Law "On Subsidies and Countervailing Measures".  In  her view, the definition of a subsidy in this 
Law conformed to the definition provided in Article 1 of the SCM Agreement.  
185. Several important changes had been introduced to the Law No. 337-1 "On Safeguard 
Measures of the Domestic Market in Importation of Products".  Namely the definitions of key terms 
used in the law – such as domestic industry, serious  injury and threat of serious injury – had been 
modified in accordance with the definitions of th e WTO Agreement.  To en hance transparency, the 
authorized body would be required to notify all interested parties of a forthcoming investigation through the media.  The procedure for imposition of provisional safeguard measures and, in particular 
refund procedures, had also been adjusted.  Opportu nities would be provided to all interested parties 
to produce evidence and express their views.  A pr ovision providing for progre ssive liberalization of 
safeguard measures after their first year of applica tion had been added.  A detailed comparative table 
on the WTO conformity of Laws No. 421-1 of 13 July 1999, No. 441-1 of 16 July 1999, and 
No. 337-1 of 28 December 1998 is provided in Annex 10(c), (d) and (e).   
186. Asked about the review procedures for an  anti-dumping case, the representative of 
Kazakhstan replied that the review was carried out by the courts, which were neutral and independent 
from the executive power, similar to the judicial revi ew of any administrative or other decision of an 
executive body of Kazakhstan.  Accordingly, th e executive body involved in an anti-dumping 
investigation could not interfere with any le gal proceedings pending before a court.   
187. She added that the Law "On Anti-Dumping" stipul ated that the review or cancellation of anti-
dumping measures should be carried out by the Government upon submission of the case by an Authorized Body.  Under Article 41 of the Law, in  case the complainant disag reed with the executive 
body's decision on an anti-dumping investigation, he/s he had the right to appeal.  The current Civil 
Procedure Code set forth the general procedur es for filing a complaint in court to review 
administrative actions.  Pursuant to Articles 15 and 118 of the Civil Procedure Code, an anti-dumping 
claim, filed by a foreigner or a non-resident, c ould be brought to the court having jurisdiction and 
located closest to the decision-making body.  Oblast courts and the Almaty city court were considered WT/ACC/SPEC/KAZ/9/Rev.2 
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  to be courts of first instance.  All details of cour t procedures were regulated by the laws "On Court of 
Arbitration" and "On International Commercial Ar bitrage", as well as the Civil Procedure Code.  
Claims of juridical persons would be considered by the Board of Economic Disputes within the court 
of first instance.
  Pursuant to Article 30 of the Civil Proce dure Code, civil cases of citizens who had 
not established juridical personhood and were involve d in entrepreneurial activities were reviewed by 
specialized district-level economic courts (except fo r cases subject to review by oblast-level courts 
and the Supreme Court).  She added that Kaza khstan was considering to make the commitment 
contained in the following paragraph. 
188. [The representative of Kazakhstan confirme d that Kazakhstan would not apply any anti-
dumping, countervailing and safeguard measures un til it had notified and im plemented appropriate 
laws in conformity with the provisions of the Ag reements on the Implementation of Article VI, on 
Subsidies and Countervailing Measures, and on Safegua rds.  In the elaboration of any legislation 
concerning such anti-dumping, countervailing and saf eguard measures Kazakhstan would ensure their 
full conformity with the relevant WTO provisions , including Article VI and  XIX of the GATT 1994 
and the Agreements on the Implementation of Article VI, the Agreement on Subsidies and 
Countervailing Measures and the Agreement on Safeguard s.  After such legislation was implemented, 
Kazakhstan would only apply any anti-dumping duties, countervailing duties and safeguard measures 
in full conformity with the relevant WTO pr ovisions.  The Working Party took note of this 
commitments.] 
B. EXPORT REGULATIONS  
- Customs tariffs, fees and charges for services rendered, application of internal taxes to 
exports 
189. The representative of Kazakhstan said that export tariffs were established pursuant to 
Government Resolution No. 1317 "On Customs Tari ff and Goods Nomenclature of Foreign Economic 
Activity of the Republic of Kazakhstan" of 28 December 2007.  In addition, export duties on 
petroleum products had replaced the seasonal export bans on mazut, diesel, gasoline and other oil 
products pursuant to Resoluti on No. 1036 "On Imposition of Customs Duties upon Export from the 
Customs Territory of the Republic of Kaza khstan on Goods produced from Crude Oil" of 
15 October 2005.  Resolution No. 5 "On Amendments  and Addenda to the R esolution of Kazakhstan 
No. 1036 of 15 October 2005" of 6 January 2006 had introduced export duties on diesel, aviation fuel, 
and petrol as of March 2006.  Resolution No. 3 28 "On Amendments and Addenda to the Resolution 
of Kazakhstan No. 1036 of 15 October 2005" of 8 April 2008 had introduced export duties on crude 
oil, coke and bitumen.  Thus, export duties were applied to goods used as raw materials for domestic  WT/ACC/SPEC/KAZ/9/Rev.2 
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  producers, such as ferrous and non-ferrous metal scr ap and waste, livestock wool and skin, and oil 
products.  Export duties were published after approval  by the Government, on the basis of proposals 
of the Inter-ministerial Commission on customs tariff policy.    
190. The representative of Kazakhsta n said that Kazakhstan applied export duties on a MFN basis.  
However, exports under the free trade regime between members of the Eurasian Economic 
Community (EurAsEC) and under the bilateral free tr ade Agreements with all other CIS countries 
were exempt from the payment of export duties.  She further noted that the Agreement between 
Kazakhstan and the European Union on Trade in Cert ain Steel Products (Article 2, paragraph 3) had 
abolished customs duties, charges or any similar measures on the export of ferrous scrap and waste 
falling under heading 7204 of the EC Combined Nome nclature.  Export duties applied in Kazakhstan 
are listed in Annex 11(a). 
191. Some members of the Working Party noted that export duties appeared to be introduced to 
displace foreign products, that would otherwise be  imported, with domestic  products or otherwise 
distort trade.  These members of the Working Party c onsidered that this app lication of export duties 
was unacceptable and inconsistent with Articl es II and XXIII of the GATT 1994.  These members of 
the Working Party also noted that the discriminatory export duty exemptions granted to member-
States of the Customs Union were inconsistent w ith Article I of the GATT 1994.  They requested a 
timetable to be set for the elimination of all expor t duties.  In addition, a member of the Working 
Party expressed particular concerns regarding the export duty imposed on iron and steel scrap, 
considering the pressure that it placed on countries not applying such restrictions in the current 
market.  This member of the Working Party also noted the non-MFN treatment of nonferrous scrap in 
Kazakhstan's exports to the European Union, and stated  that this practice had to be eliminated prior to 
WTO accession.  Finally, this member of the Working Party enquired why only exports to the 
Customs Union were exempt from the payment of e xport duties, given that Kazakhstan also had free-
trade-area relations with other CIS countries, and noted that to discriminate in the elimination of 
duties and charges had implications for the consiste ncy of this measure with Article XXIV of the 
GATT 1994.   
192. The representative of Kazakhstan replied that export duties were applied on a very limited 
number of goods mainly for regulatory and fiscal purposes and, as such, did not violate the provisions 
of the GATT 1994.  In particular, the export duties on ferrous and non-ferrous metal scrap and waste, 
and livestock wool and skin had been introduced  to ensure supplies for the domestic processing 
industries due to the critical shortage of these goods on the domestic market, in line with Article XX (i) of the GATT 1994.  As for the export duties on oil products, these replaced the WT/ACC/SPEC/KAZ/9/Rev.2 
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  previously-existing seasonal bans and were set at rates calculated on the basis of the world price of 
crude oil (re-calculated monthly due to its volatility) ; they did not have an impact on the volume of 
exports.  The revenue generated by these export du ties would be allocated to farmers as direct 
subsidies for purchases of fuel.  Resolution No. 6 of 6 January 2006 had established Regulations 
defining allocation procedures aimed at ensuring par tial recovery of costs incurred for the purchase of 
diesel fuel, within limits allocated in the state budget to the Ministry of Agriculture.  Her Government 
was also planning to develop rules for the allocati on of subsidies for the purchase of fuel during the 
heating season to entities providing housing and comm unal services.  She added that her Government 
was undertaking steps to narrow down the list of goods subject to export duties.  To this end, the export duty on aluminium and beryllium ligature (HS code 7601 20 100 0) had been reduced to zero; 
plans to eliminate duties on products made from alumin ium (HS code 7604) were also in preparation.   
193. She added that export duty exemptions applie d to CIS countries were applied in accordance 
with Article XXIV of the GATT 1994.  She also noted that, upon WTO accession, the provision of the bilateral Agreement between Kazakhs tan and the European Union would be invalidated.  In her view, 
export duties were a legitimate trade policy in strument which was not prohibited by the 
WTO Agreements.   
194. The representative of Kazakhstan confirmed that from the date of WTO accession, 
Kazakhstan would apply export (a nd import) duties on a non-discriminatory basis to all WTO 
Members in accordance with Article I of the GATT 1994; exceptions would only apply in line with 
the provisions of Article XXIV of the GATT 1994 with  regard to trade under regional and bilateral 
free trade Agreements and the customs union.  Pr eferential treatment would also be extended to 
imports under Kazakhstan's Generalized System of Pr eferences.  She also confirmed that Kazakhstan 
would fulfil its transparency obligations unde r Article X of the GATT 1994 and would publish 
information on export duties and their amendments in the official media.   
195. Some members of the Working Party asked Kaza khstan to describe the new tax regime for oil 
operations.  In addition, a member of the Worki ng Party asked Kazakhstan specifically to provide 
further information on how the world price of crude oil was determined. 
196. The representative of Kazakhstan replied that Kazakhstan had introduced a new tax regime 
for oil operations designed to increase oil revenue fro m the export of crude oil.  The new tax regime 
for oil operations applied only for new contract ual obligations (since 2004) and did not have 
retroactive force.  Taxes were imposed on subsurface users according to either of two tax regimes –  licensing or Production Sharing Agreements (PSA).   WT/ACC/SPEC/KAZ/9/Rev.2 
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  197. Natural persons and juridical persons (subs urface users), operating under the licensing tax 
regime were subject to taxes affecting ordinary ta x payers, as well as specific taxes, including a rent 
tax on the export of crude oil and gas condensate, excess profits tax, royalties and bonuses.  The rent 
tax had been established pursuant to the Law "On Ch anges and Additions to Some Legal Acts of the 
Republic of Kazakhstan on Taxation Issues" of 29 November 2003.  The rent tax was calculated 
based on the value of exported crude oil and gas c ondensate, which was set on the basis of the actual 
volume exported and its market (world) price, excl uding transportation costs.  Rent tax rates were 
applied on a sliding scale that ranged from 1 per cent for a price of US$19 per barrel, to 33 per cent 
for prices exceeding US$40 per barrel.  The rent ta x applied to all juridi cal and natural persons 
engaged in the export of crude oil and gas condensate.  Hydrocarbons  royalties rates were applied on 
a sliding scale based on annual production levels.  The excess profits tax was aimed at recovering 
excess profits from subsurface users.  A mechanis m of products division between Kazakhstan and 
contracting organizations, based on the application of threshold values, had also been established. 
198. Subsurface users operating under Production Sh aring Agreements were bound by the tax 
conditions stipulated in the PSA in accordance with the provisions of the tax legislation which applied 
on the date the contract had been signed.  The co nditions of the PSA were fixed and could not be 
changed with subsequent changes in legislation w ithout the prior Agreement of both parties (see also 
section on "Monetary and Fiscal Policy").  
- Export restrictions 
199. The representative of Kazakhstan said that Kaza khstan imposed restrictions on the export of 
lumber, saw timber, certain wood products, reusable  paper, cardboard, raw paper materials and paper 
waste pursuant to Government Resolutions No. 681 of 10 July 2003 and No. 908 of 27 August 2004.  
These export restrictions had been introduced to  maintain the ecological balance and prevent 
deforestation, given Kazakhstan's highly limited reserves of wood (t he Government had also banned 
the cutting of coniferous and saxaul trees in state for est reserves).  In her view, these restrictions were 
applied in accordance with Article XI.2 of the GATT 1994.   
200. Furthermore, pursuant to the Agreement conclude d with the European Un ion on trade in steel 
products, a number of quantitative restrictions had been introduced on specific types of steel products 
exported from Kazakhstan to the European Union.  G oods subject to export restrictions are listed in 
Annex 11(b).  
201. She added that Kazakhstan did not apply any quantit ative or other restrictions on the export of 
grain, or any other agricultural products.  Kaza khstan had no provisions to impose or maintain WT/ACC/SPEC/KAZ/9/Rev.2 
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  minimum export prices on grain and did not apply sanc tions/permits applicable to grain exports.  The 
export of certain flora and fauna species under threat  of extinction, listed in Appendices I, II and III of 
the Convention on International Trade in Endangered Species of Wild Fauna and Flora, was subject to 
export permits issued by the CITES in Kazakhstan. 
202. A member of the Working Party noted that export bans and quantitative restrictions on 
commercial products were hard to justify under WT O provisions.  This member of the Working Party 
sought a commitment from Kazakhstan that, fro m the date of accession, Kazakhstan's export 
restrictions would be in conformity with WTO provisions, including Article XI of the GATT 1994. 
203. The representative of Kazakhstan replied that Kazakhstan would amend its existing 
legislation to bring export restrictions in comp liance with the provisions of Article XI of the 
GATT 1994.  To this end, her Government had adopted Resolution No. 1404 of 27 December 2004 
which had eliminated the export ban on aluminium and nickel waste and scrap.  In addition, the 
seasonal ban on mazut, diesel, gasoline and other oil products had been replaced by export duties on 
petroleum products through Resolution No. 10 36 "On Imposition of Customs Duties upon Export 
from the Customs Territory of the Republic of Ka zakhstan on Goods produced from Crude Oil" of 
15 October 2005.  She confirmed that from the da te of accession Kazakhstan would not apply export 
restrictions contradicting the provisions of the GATT 1994.   
204. In response to concerns raised by some me mbers of the Working Party who noted that, 
although minimum export prices had previously been eliminated, it appeared that the authorities were 
still operating a system with a similar effect, the representative of Kazakhstan said that Government 
Resolution No. 994 of 19 July 1997 had eliminated contract registration at the commodity exchange, 
and that Kazakhstan did not apply minimum export prices.   
205. The representative of Kazakhstan said that export licensing was regulated by the same 
legislation as import licensing and differed only in th e product coverage (Annex 9 (a) and 9 (b)).  She 
further noted that, pursuant to Kazakhstan's obligations ensuing from its membership in 
international Agreements on non- proliferation of nuclear materials, technologies, armaments and 
weapons of mass destruction, her Government had adopted Resolutions No. 1919 of 14 December 
1999 and No. 1282 of 18 August 2000.  Annex 11(c ) lists the goods subject to export licensing 
requirements ensuing from Kazakhstan's obligations  under bilateral Agreements signed with the 
European Coal and Steel Community (steel) a nd the European Economic Community (textiles). 
206. She further noted that export licenses were no longer required for scrap (Resolution No. 924 
of 19 August 2002) and precious stones (Resolution No. 1347 of 29 December 1998).   WT/ACC/SPEC/KAZ/9/Rev.2 
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  - Export subsidies 
207. Referring to a statement made by the represen tative of Kazakhstan regarding soft loans 
granted for the export of non-ferrous products a nd gold by the Development Bank of Kazakhstan, 
some members of the Working Party requested furt her information on the expo rt benefits provided by 
this Bank.  Kazakhstan was asked to confirm that  the financing provided by the Development Bank 
conformed to the rules set out in items (j) and (k) of Annex I of the Agreement on Subsidies and 
Countervailing Measures (SCM Agreement).   
208. The representative of Kazakhstan replied that th e terms of financing for export operations by 
the Development Bank were regulated by Law No. 178-II "On the Development Bank of Kazakhstan" 
of 25 April 2001.  She stressed that the operations  of the Development Bank were based on market 
principles and that the Bank did not provide, and could not provide, export subsidies to its clients.  
According to Law No. 178-II, the Development Ba nk could not use its charter capital for crediting 
purposes (Article 16) and could only use loans borrowed on domestic and international capital 
markets at commercial interest rates, pledging its ow n assets as collateral and subject to a fixed rate of 
return (Articles 9 and 13).  Pursuant  to Article 12 of this Law, the interest rate used for the loans was 
based on the average cost of borrowing and operating costs of the Bank.  Thus, on legal grounds, the 
Bank was prevented from subsidizing the interest rate charged on its loans and credits.  She stated that 
the Bank's credits, including its export credits, coul d not be considered as subsidies within the 
meaning of Article 1 of the SCM Agreement.     
209. A member of the Working Party noted that  Kazakhstan applied a system of decreasing 
(discount) coefficients on tariffs for railway tran sportation, which appeared to provide tariff 
reductions to producers of sulphuric acid a nd iron ore products, only available for export 
transportation.  This member of the Working Party stated that, to the extent  that these incentives were 
contingent upon export (even if this was not nece ssarily the specific goal of the legislation), they 
could constitute prohibited export subsidies under Artic le 3.1 of the SCM Agreement.  This member 
of the Working Party asked Kazakhstan to demonstr ate how it planned to bring this program into 
compliance with WTO provisions. 
210. The representative of Kazakhstan replied that the system of decreasing (discount) coefficients 
on tariffs for railway transportation of sulphuric aci d and iron ore had not been directed at supporting 
domestic manufacturers.  For sulphuric acid, decrea sing coefficients had been established to address 
ecological safety concerns related to the use of sulp huric dioxide in the refining process; for iron ore, 
decreasing coefficients had been established to addr ess concerns related to the increased volume of 
exported iron ore by rail.  She acknowledged that a 0.5 decreasing coefficient had been introduced in WT/ACC/SPEC/KAZ/9/Rev.2 
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  2007 for the internal transportation of sulphuric acid by JSC "KazZink" (Order of the Chairman of the 
Agency No. 302-OD of 15 December 2006).  In 2005-2007, temporary decreasing (discount) coefficients had not been applied to the trans portation of iron ore produc ts in Kazakhstan.   
211. Moreover, Order No. 24-OD "On Adoption of Ru les for Introduction and Discontinuation of 
Decreasing Coefficients for Tariffs on Regulat ed Rail Freight" of 30 December 1999 had been 
invalidated since August 2004, thus eliminating earlier provisions governing the establishment of 
temporary decreasing (discount) coefficients on tariffs  for railway transportation (including iron ore).  
Any decisions made on the basis of Order No. 24- OD were no longer in effect.  In line with the 
Program on Railway Transport Restructuring fo r 2004-2006 and pursuant to Order No. 375-OD of 
8 September 2004, new rules governing the estab lishment and discontinuation of temporary 
decreasing coefficients on tariffs for main-line ra ilway transportation had been adopted.  These new 
rules affected only the services of the main-line railway network, which qualified as a natural 
monopoly.  Temporary decreasing coefficients were only set on condition that (i) the declared goods' 
turnover exceeded, or was the same as, the actua l goods turnover during a similar period in the 
preceding year; (ii) there was an opportunity to  use idle/under-utilised sections of the main-line 
railway network; (iii) the by-products of indust rial production presented an environmental hazard; 
(iv) equal tariff conditions applied for access to  the main-line railway services; and (v) the 
transportation of passengers was socially important .  These criteria were not contingent upon export 
performance or the use of domestic over importe d goods (see also section on "Pricing Policies"). 
212. Asked whether Kazakhstan had any export performan ce requirements, e.g. in free trade zones, 
or any import duty drawbacks, she replied that the Government did not grant any preferences 
conditional on export performance requirements and did not apply import duty drawbacks.   
213. A member of the Working Party asked Kazakhstan to confirm that it would eliminate all 
prohibited subsidies within the meaning of Article  3 of the SCM Agreement and Article XVI of the 
GATT 1994, at all levels of government, which were  contingent upon export performance or the use 
of domestic over imported goods as of the date of accession.  Kazakhstan was also asked to confirm 
that it would administer any subsidy programs in pl ace or established after accession at all levels of 
government in conformity with the SCM Agreement.  
C. INTERNAL POLICIES AFFECTIN G FOREIGN TRADE IN GOODS  
- Industrial policy, including subsidies  
214. The representative of Kazakhstan said that the le gal basis for providing preferential treatment 
to industries in Kazakhstan was contained in Law No. 373 "On Investments" of 8 January 2003; Law  WT/ACC/SPEC/KAZ/9/Rev.2 
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  No. 274 "On Special Economic Areas in the Republic of Kazakhstan" of 6 Ju ly 2006; the Tax Code; 
the Customs Code; Resolution No. 1039 "On Approval of the Priority Action Plan on Ensuring 
Stability of social and Economic Development of the Republic of Kazakhstan" of 6 November 2007, 
Resolution No. 220 "On Amendments and Addenda to the Resolution of the Government of the 
Republic of Kazakhstan No. 1054" of 24 February 2004; and Resolution No. 355 "On the List of 
Goods Produced in the Territory of the Republic of Kazakhstan Under the Customs Regime 'Free 
Warehouse' and Sold to the Rest of the Territory  of Kazakhstan, which are Exempted from VAT" of 
14 April 2005. 
215. In response to concerns raised by some memb ers of the Working Party, who noted that tax 
exemptions had been granted under Law No. 75-I "On State Support to Direct Investments" of 
28 February 1997, the representative of Kazakhsta n said that Law No. 75-I, as well as Law 
No. 266-XIII "On Foreign Investments" of 27 Dece mber 1994, had been abolished by Law No. 373 
"On Investments" of 8 January 2003.  She acknowle dged that tax preferences granted prior to the 
adoption of the new Law on "On Investments" (343 c ontracts) would be in effect until the expiration 
of the terms of the contracts signed between the au thorized body and investors (i.e. by early 2009 for 
the last remaining contracts).  She added that the new Law did not contain requirements concerning 
the minimum volume of investment to be made in or der to be eligible for investment preferences.  
The new Law did not contain any provisions that made investment incentives contingent upon export 
or import substitution.  Therefore, she held the view that these preferences did not constitute 
prohibited export subsidies in the meaning of Article 3.1 of the Agreement on Subsidies and 
Countervailing Measures (SCM Agreement) and conf irmed that Law No. 373 "On Investments" of 
8 January 2003 did not contradict Article 3 of th is Agreement (see also "Investment Regime" for 
information on the set of criteria used for granting investment incentives). 
216. Some members of the Working Party requested  Kazakhstan to provide more information on 
any existing subsidies – including details on their legal basis – and enquired about specific proposals 
for their elimination.  These members of the Work ing Party enquired about the objective criteria and 
guidelines that governed the availability of regional  subsidies and their use by regional bodies.  
In particular, these members of the Working Party sought confirmation that regional subsidies were 
budget transfers to regional governments for the sole  purpose of carrying out governmental activities.  
A member of the Working Party asked Kazakhstan to provide more detail on corporate income tax 
preferences provided to industries investing in the petrochemical sector, as well as on a special tax treatment for companies primarily engaged in in formation technology research and development, 
which operated in special economic areas (SEAs).  In addition, some members of the Working Party WT/ACC/SPEC/KAZ/9/Rev.2 
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  noted that preferential (soft) loans appeared to be  provided to certain industries for export promotion 
or import substitution purposes.   
217. The representative of Kazakhstan replied that, pu rsuant to Law No. 373 "On Investments" of 
8 January 2003, the government provided support to private investment projects in priority sectors of the national economy, such as chemicals, metallu rgy, machinery, textiles, furniture, paper, 
pharmaceuticals, agriculture, transport services and in frastructure.  Her Government granted (under 
contracts concluded between the authorized body and investors) tax preferences and customs duty 
exemptions for imported equipment and components. 
218. Concerning regional subsidies, the represen tative of Kazakhstan confirmed that, in 
accordance with the Budget Code No. 548 of 24 April 2004,  regional subsidies were official transfers 
from higher-level to lower-level budgets, receive d within limits of approved amounts in the 
republican or regional budgets, for the purpose of carrying out governmental activities, such as setting 
up local infrastructure, running schools, and making social income support payments unrelated to the 
production of goods. 
219. As for the preferential tax regime affecting in dustries in the petrochemical sector, she said 
that these preferences aimed at encouraging the development of new non-mineral sectors of the 
economy.  She acknowledged that the preferential co rporate income tax regime affecting companies 
in the petrochemical sector had been continge nt upon the use of domestic over imported goods - 
namely, a 100 per cent tax reduction had applied if at least 90 per cen t of income had been generated 
from the sale of products derived from refining oil and gas extracted in Kazakhstan (pursuant to 
Article 119-1 of the Tax Code).  However, th is provision had been eliminated by the Law 
"On Amendments and Adde nda to Legislative Acts of the Republic of Kazakhstan on Taxation 
Issues" of 22 November 2005. 
220. Companies operating in special economic area s were provided with up to a 100 per cent 
corporate income tax reduction, as well as an exemp tion from the payment of land tax, property tax 
and value-added tax within the speci al economic areas, provided that th ey fulfilled certain criteria (see 
"Free zones, special economic areas"). 
221. Referring to the automobile industry, she said that to facilitate the development of this 
industry, Kazakhstan had implemented a "free warehouse" regime, introducing local content 
requirements and new rules of origin for the use of  imported goods (inputs) by automobile producers.  
If the finished product contained 90 to 50 per cent domestic components during the first six years of production, it was considered as wholly obtained in Kazakhstan.  In turn , domestic goods benefited  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 79 
 
 
  form VAT and import duty exemptions.  Cu rrently, only JSC "AZIA-AUTO" benefited from 
exemptions under this regime until 2009.  She added that Kazakhstan was in the process of preparing 
amendments to its legislation which would bring th e "free warehouse" regime into compliance with 
Article III of the GATT 1994, as well as the Agreem ent on Trade-Related Investment Measures and 
the Agreement on Subsidies and Countervailing Measures (see also section on "Trade-related 
investment measures").  
222. She added that the state-owned Fund JSC "Small Business Development Fund" had been 
established in 1997 with the objective to stimulat e economic growth.  Pursuant to Government 
Resolution No. 286 "On Implementation of the Pr esidential Decree of the Republic of Kazakhstan 
No. 65 of 16 March 2006",  the Fund had been transf erred to the JSC "Kazyna".   The Fund was no 
longer involved in direct project financing and financial leasing of small businesses.  According to 
Government Resolution No. 1039 "O n Approval of the Priority Action Plan on Ensuring Stability of 
Social and Economic Development of the Republic of Kazakhstan" of 6 November 2007, the Fund 
was financed by JSC "Kazyna" and provided cr edits through second-tier Kazakhstani commercial 
banks – on a competitive basis – to small and medium-sized enterprises (SMEs).  The State 
Commission on Modernization of the Economy of th e Republic of Kazakhstan selected the list of 
commercial banks and was also in charge of  allocating financial resources among them.  
The commercial banks selected recipient SMEs indepe ndently and bore the full risk of financing the 
projects.  The interest rate on the credits was set by each commercial bank individually.  To be 
eligible, borrowers had to have a stable business fo r a minimum of three months (6 or 12 months 
depending on the size of the credit) or own at least  30 per cent of the start-up capital.  Currently, the 
maximum amount of credit that could be extended to SMEs was set at MCI 120,000 (approximately 
US$1.16 million).  SMEs with foreign equity woul d only be eligible to receive financing from the 
Fund if at least 51 per cent domestically-owned.  She confirmed that credits provided by the Fund 
through second-tier commercial ba nks were not contingent on import substitution or export 
performance requirements.   
223. With regard to railway transportation preferen ces, the representative of Kazakhstan said that, 
pursuant to Order of the Chairman of the Agency No. 375-OD of 8 September 2004, new rules governing the establishment of temporary decreasing co efficients on tariffs for regulated services of 
the main-line railway network had been adopted.  These new rules affected only the services of the 
main-line railway network, which qualified as a na tural monopoly.  She added that the approval of 
temporary decreasing (discount) coefficients was contingent upon an evaluation of the economic 
effect of such a measure on the state, the main-line railway network operator, as well as consumers.  In response to a specific question, she clarified th at a "0.8 decreasing coefficient" meant a 20 per cent WT/ACC/SPEC/KAZ/9/Rev.2 
Page 80  
 
  main-line railway network tariff discount.  In 2007,  the Agency had introduced (i) a 0.5 discount 
coefficient for the transportation of sulphuric acid by JSC "KazZink"; (ii) a 0.5 discount coefficient 
for transportation of fresh vegetables, fruit,  berries, perishable melons and gourds; and 
(iii) a 0.99 discount coefficient for the transporta tion of passengers.  Once established, decreasing 
coefficients for transportation of a particular type of goods applied to all entities (consignors) 
transporting these goods, and were valid for all d estinations – domestic, for importation, or for 
exportation.  Therefore, she held the view that gr anting discount coefficients could not be viewed as a 
prohibited export subsidy within the meaning of Ar ticle 3 of the SCM Agreement and Article XVI of 
the GATT 1994 (see also section on "Export Subsidies).  
224.  She added that, in 2007, decreasing (discount) co efficients had also been applied to electrical 
power distribution services through OJSC "KEGOC" – namely (i) a 0.1 discount coefficient for 
deliveries to "AES Ekibastuz" LLP; (ii) a 0.26 disc ount coefficient for deliveries to JSC "Electric 
Power Station 'Ekibastuz GRES-2'"; (iii) a 0.89 di scount coefficient for deliveries to "Kazphosphate" 
LLP; and (iv) a 0.97 discount coefficient for delivery to the JSC "SSGPO".  
225. With respect to soft loans, some members of  the Working Party expressed specific concerns 
that, to the extent that these loans were conti ngent upon export or import substitution, they could 
constitute a prohibited subsidy under Article 3.1 of the SCM Agreement.  Kazakhstan was also asked 
to confirm that the financing provided by ExImBank c onformed to the rules set out in items (j) and (k) 
of Annex I of the SCM Agreement.  In response, the representative of Kazakhstan said that, pursuant 
to Presidential Decree No. 1815 of 16 July 1 994, the main function of  ExImBank consisted of 
borrowing on international capital markets unde r government guarantee and providing loans 
domestically.  ExImBank carried out the functions of a development bank by providing loans for 
financing priority investment projects.  Sin ce 2004, the Bank had become privately-owned and no 
longer operated on behalf of the government.  ExImBank financed Kazakhstani companies with the 
aim to stimulate imports of technology, equipment and other products essential for structural reforms 
in the real sector; it also provided financial assist ance to distressed companies which were not in a 
position to export their products.  Uniform terms and c onditions applied to all enterprises in priority 
sectors of the economy.  Specifically, domestic co mpanies received loans for the (i) import of 
equipment for the production of sugar beet, natural st ones and construction materi als;  (ii) import of 
agricultural equipment and machinery and equipment for construction projects; (iii) import of mineral 
fertilizers; (iv) construction of electric network companies and electric power plants, a pump-producing plant, and a footwear company; and (v) the processing of agricultural products.  ExImBank 
financed three- to five-year inv estment projects, under a six per cent  interest rate, and with a grace  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 81 
 
 
  period of two to three years.  She stated that the provision of loans was not contingent upon export 
performance or the use of domestic over imported products.  
226. Some members of the Working Party noted th at Kazakhstan provided tax exemptions to 
exporters of yellow phosphorus , ground phosphate rock and phos phate fertilizer, and expressed 
concerns about whether these tax exemptions were not contingent upon expo rt and thus prohibited 
under Article 3 of the SCM Agreement.  In respon se, the representative of Kazakhstan said that 
"Kazphosphat" Ltd. was active in a priority sector of the economy and, as such, received investment 
preferences on corporate income tax (50 per cent until 31 August 2008), property tax (50 per cent 
until 2007) and land tax (50 per cen t until 2007), in line with investment contracts concluded in 
1999-2000.  She confirmed that the criteria used  for granting these tax preferences were not 
contingent upon export performance or the u se of domestic over imported goods, rather on the 
strategic importance of the industry for the nati onal economy.  In her view, these tax measures fell 
under the definition of a "specific subsidy" in th e meaning of Article 2 of the SCM Agreement.  
227. Some members of the Working Party request ed Kazakhstan to provide comprehensive 
information on subsidies that would have to be no tified under Article 25 of the SCM Agreement.  In 
particular, Kazakhstan was asked whether there had been any administered programmes, other than 
the ones described in the preceding paragraphs, wh ich met the definition of a specific subsidy.   
228. The representative of Kazakhstan replied that  Kazakhstan was currently reviewing its 
industrial subsidy policy and analysing its legislative/ regulatory framework in this area.  This analysis 
would provide additional information on the criteri a used for granting subsidies and would help 
determine the existence of any specific subsid ies other than the on es already described.   
229. A member of the Working Party asked Kazakhstan to confirm that from the date of accession, 
Kazakhstan would eliminate any existing subsidy benefits that were inconsistent with the 
SCM Agreement.   
230. [The representative of Kazakhstan confirme d that any subsidy programmes would be 
administered in line with the Agreement on S ubsidies and Countervailing Measures and that all 
necessary information on programmes to be notified,  if such exist, would be provided to the 
Committee on Subsidies and Countervailing Measu res in accordance with Article 25 of 
the Agreement upon entry into force of Kazakhstan's Protocol of Accession.  The Working Party took 
note of this commitment.]  WT/ACC/SPEC/KAZ/9/Rev.2 
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  - Technical barriers to trade, standards and certification 
231. The representative of Kazakhstan said that the le gislative framework on technical regulation, 
standardization, certification and accreditation in Kazakhstan was based on Law No. 603-II 
"On Technical Regulating" of 9 November 2004, which had replaced Laws No. 433-1 
"On Standardization" of 16 July 1999 and No. 434-1 "O n Certification" of 16 July 1999.  In her view, 
the new Law took into account the main principles of the WTO Agreement on Technical Barriers to 
Trade (TBT Agreement), including inter alia  national treatment, transparency, and priority 
consideration given to international standards in  drawing up domestic technical regulations and 
standards.  This Law was the basis for the developm ent of technical regulations, standards, procedures 
for recognition of conformity asse ssment and accreditation; it aimed at striking a balance between the 
degree of government intervention and the goal of protecting the public.  The two main objectives of 
the Law were (i) to ensure the safety of products  through the application of mandatory technical 
regulations; and (ii) to enhance product compet itiveness through the application of voluntary 
standards.  The Law also ensured that ratified in ternational Agreements had priority over national 
legislation.  Existing legislation in the area was being brought into conformity with the Law 
"On Technical Regulating" and the provisions of the TBT Agreement.  To this end, Law No. 209 
"On Amendments and Addenda  into Certain Legislative Acts of the Republic of Kazakhstan on Issues 
of Technical Regulating" of 29 December 2006 had in troduced amendments to 33 laws.  In addition, 
four new laws had been adopted – the Laws "On To ys Safety", "On Safety of Chemical Products", 
"On Safety of Machinery and Equipment" and "On Food Safety".  In the area of accreditation, two 
new draft Laws had been develope d and were being considered in Parliament – "On Accreditation in 
the Field of Conformity Assessment" and "On Ame ndments and Addenda in Ce rtain Legislative Acts 
on the Issues of Accreditation".  These laws were aimed at building the legal framework for accreditation and at harmonizing accreditation requireme nts with international standards, including 
those of the International Accreditation Forum (IAF)  and the International Laboratory Accreditation 
Cooperation (ILAC).   In addition, new regulatory acts on technical regulation were being developed 
and existing ones were being revised.  She held the vi ew that the provisions of the national legislation 
in this area could not constitute a barrier to international trade.  
232. Concerning technical regulations, she said that the Law "On Technical Regulating" 
established mandatory requirements for (i) products – aimed at ensuring the protection of human life 
and health, the environment, national security, as well as the prevention of deceptive practices; and (ii) related processes – aimed at ensuring product saf ety.  Technical regulations set forth mandatory 
requirements for products (and processes), contained an exhaustive list of such requirements, and had 
the status of direct application.  These requireme nts were applied in an equal and uniform manner  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 83 
 
 
  regardless of the product's country or place of origin .  The development of technical regulations was 
based on international and regional standards.  As  soon as new technical regulations were adopted, 
existing domestic and regional sta ndards containing duplicative or conflicting provisions became 
void.  Technical regulations were also aimed at el iminating technical barriers to trade and increasing 
product competitiveness. 
233. With regard to standards, she said that pursuant to the Law "On Technical Regulating", 
standards were voluntary and applie d equally regardless of the origin of the product or service.  
Whereas the application of a variety of standards had been foreseen (i ncluding international, regional 
and national), the application of international sta ndards would prevail.  International or foreign 
countries' standards and regulations were used in  drawing up national standards, except when such 
standards were inefficient or inadequate for achie ving the desired objectives.   The procedure for the 
development and application of standards was go verned by rules approved by an Order of the 
Committee on Technical Regulating and Metrology.   She added that the Committee on Technical 
Regulating and Metrology of the Ministry of Industry and Trade (Gosstandard) was the only 
authorized state body in charge of administeri ng work and issuing standards in the field of 
standardization, metrology and certification.   
234. Concerning conformity assessment, she said that the Law "On Technical Regulating" 
provided for (i) "conformity recognition" – a pro cess that determined whether products and processes 
conformed to technical regulations or standards; and (ii) "accreditation" – an official recognition by an 
accreditation body of the competence and eligibility of juridical persons to perform conformity 
recognition.  Conformity recognitions could be (i ) mandatory – by a certification of an accredited 
certification body or a producer's declaration of c onformity (for products subject to technical 
regulation requirements); and (ii) voluntary – by a certification or a conformity declaration of the 
producer/seller indicating that the requirements of st andards, other documents or special requirements 
were met (for products not subject to mandatory c onformity recognition).  A declaration could be 
prepared on the basis of evidence co llected by the applicant alone or on the basis of evidence obtained 
with the participation of a conformity assessment or ganization.  The declaration of conformity had to 
be registered with the relevant accredited conf ormity recognition organization and was valid – 
similarly to a conformity certificate – on the entire territory of Kazakhstan.  Currently, mandatory 
certification applied to 23 product groups while conformity recognition by declaration was applicable 
to eight product groups (Annex 12(a) and 12(b)).  As new technical regulations were developed and 
adopted, the list of products subject to mandatory  conformity recognition would progressively be 
reduced and eventually phased out.  She added that  a uniform conformity recognition was performed 
by all relevant bodies and laboratories and applied to all products; a uniform accreditation procedure WT/ACC/SPEC/KAZ/9/Rev.2 
Page 84  
 
  for laboratories and bodies involved in conform ity recognition activities had also been approved 
("Rules on Conformity Recognition and Accred itation Work Involving Governmental Bodies, 
Technical Committees on Standardization and Conf ormity Recognition Bodies" approved by Order 
No. 136 of the Committee on Technical Regulati ng and Metrology of 13 May 2005).  The national 
standard ST RK 3.4-2003 described the organiza tional and technical aspects of the process and 
provided a choice of several conformity recognition  schemes (modules).  Uniform certification rules 
for products subject to mandatory certification are contained in Annex 12(c) and conformity 
recognition schemes (modules) are listed in Annex 12(d). 
235. Asked specifically about the existence of an a ppeal process, she said that an applicant could 
appeal decisions on conformity recognition to the Board of Appeals of the conformity recognition 
organization concerned, and then to the Board of  Appeals of the Committee on Technical Regulating 
and Metrology of the Ministry of Industry and Trade; the decisions of the latter could be appealed in 
court.  Pursuant to state standard ST RK 3.10-20 07 "The Order of the Examination of Appeals", an 
appeal had to be filed in writing, enclosing all re levant documents, within one  month of the contested 
decision of the accredited certification body.  The Board took a decision within 15 days and the 
applicant was notified in the following ten days. 
236. She added that any domestic or foreign organization could act as a conformity assessment 
organization or a test laboratory as long as it had received accreditation in accordance with established 
rules.  Certification bodies or laboratories were not allowed to operate (e.g. issue conformity 
assessments) outside their scope of accreditation.  In the absence of accredited laboratories, tests 
could be conducted by competent non-accredited test  laboratories only by request made to the 
Committee on Technical Regulating and Metrology.  Foreign conformity certificates, test protocols, accreditation certificates, and other documents is sued by foreign accreditation bodies would be 
recognized in accordance with international treatie s/agreements.  In the absence of international 
treaties/agreements, test results i ssued by foreign authorized bodies would only be recognized through 
the accreditation of these foreign bodies in Kazakhsta n's national accreditation system, in line with 
Article 6.1 of the TBT Agreement.  At present, there were no foreign bodies accredited as conformity assessment organizations or laboratories in Kazakhstan.   
237. Asked to provide information on internati onal conformity assessment bodies which issued 
certificates that were recognized in Kazakhstan, th e representative of Kazakhstan said that conformity 
certificates were mutually recognized in accordan ce with signed international Agreements.  At 
present, such mutual recognition Agreements existed only with CIS member states – (i) the Agreement on the Coordinated Policy on Sta ndardization, Metrology and Certification of  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 85 
 
 
  13 March 1992, which had established the Intersta te Council for Standardization, Metrology and 
Certification (EASC) to carry out work on harmonizing standardization and conformity assessment 
legislation; and (ii) the Agreement on Principles of Mutual Recognition of Certification Activities 
with the CIS Countries of 4 June 1992, in the cont ext of which Kazakhstan had agreed to recognize 
conformity certificates issued by CIS countries an d to apply intergovernmental standards (GOST) 
alongside national standards (SS RK).  In additio n, Kazakhstan was making efforts to join the 
International Accreditation Forum (IAF), the In ternational Laboratory Accreditation Cooperation 
(ILAC) and the Multilateral Mutual Recognition Ag reement (MLA) in the area of conformity 
recognition.  She added that internationally-recognized certificates did not exist.   
238. Some members of the Working Party noted th e existence of bilateral Agreements on 
standards with China and Turkey and asked whether the provisions  of these Agreements would be 
applied on a most-favoured-nation basis.  In re ply, the representative of Kazakhstan said that the 
Protocol of Cooperation with the Turkish Institute of  Standards of 6 June 1 996 had expired in 2001.  
A new draft Protocol had been prepared which wo uld provide for priority consideration given to 
international standards, the use of national Turkis h and Kazakhstani standards in both countries, and 
the recognition of testing protocols and conform ity certificates – provided that there was mutual 
accreditation of conformity assessment bodies and laboratories.  As for the 
Intergovernmental Agreement on Cooperation with  the People's Republic of China on Quality 
Assurance and Mutual Inspection of Exported and Imported Products of 5 July 1996, it provided for 
information exchange on legislation, conformity  recognition and product supervision procedures 
applicable to both sides.  To implement the provisio ns of this Agreement, the two parties had signed a 
Memorandum on Mutual Understanding on 17 November  2006.  She added that, as a member of the 
Eurasian Economic Community (EurAsEC), K azakhstan cooperated with  the other EurAsEC 
members (Belarus, the Kyrgyz Republic, the Russian Federation, Uzbekistan and Tajikistan) on the 
development of unified EurAsEC technical re gulations.  Kazakhstan had also concluded 
intergovernmental bilateral Agreem ents on cooperation in the area of standardization, metrology and 
certification with Armenia, Azerbaijan, Bulgaria, Israel, Qatar and Turkmenistan, as well as interdepartmental Agreements between the Ministry of Industry and Trade and its counterparts in the 
Czech Republic, Germany, Moldova, and the Slovak Republic.  These bilateral Agreements provided 
for information exchange on standardization and conformity assessment.  She said that Kazakhstan 
stood ready to negotiate a bilateral Agreement on standards with any WTO Member.  She confirmed 
that upon WTO accession, Kazakhstan would provide WTO Members with MFN treatment in relation 
to the application of technical barriers to trade.   WT/ACC/SPEC/KAZ/9/Rev.2 
Page 86  
 
  239. A member of the Working Party expressed concerns regarding the application of 
Kazakhstan's conformity assessment procedure in practice, notably in the case of pharmaceuticals, 
noting that the resulting process seriously distorted tr ade, as it was time consuming and costly, an as 
such was incompatible with the TBT Agreement.   Some members of the Working Party sought 
information on the requirement to receive separate pe rmissions from the chief veterinarian to transport 
imports within Kazakhstan, even after obtaining a valid certificate of conformity.  These members of 
the Working Party also enquired why new certificates  of conformity were needed for the import of 
pharmaceuticals that had already obtained certificates of conformity.   
240. The representative of Kazakhstan replied that  these requirements c ould be justified under 
Article 2 of the TBT Agreement, namely the objectiv e to protect the health and safety of people or 
animals.  These procedures were mandatory for importers, as well as domestic producers, for the 
transportation of goods subject to state veterinary c ontrol or included in the official list of products 
requiring mandatory certification.  She also ac knowledged that Kazakhstan's conformity assessment 
procedure provided for several schemes (modules) of  conformity confirmation, during which several 
consignments of identical products were tested.  If the nationally-accredited foreign certification body 
had performed all necessary conformity assessment  procedures, the imported goods' certificate would 
be recognized and there would be no need to certi fy individual consignments.  She noted that the 
same certification rules and procedures were a pplicable to both impor ted and domestic goods. 
241. A member of the Working Party requested more information on the implementation of the 
provisions of the new Law "On Technical Regulation" , enquiring specifically about the application of 
mandatory requirements in the area of teleco mmunications within the framework of the new 
legislation.  In reply, the representative of Kazakhs tan said that the telecommunications sector, like all 
other sectors, fell within the coverage of the Law "On Technical Regulating".  Accordingly, the Law 
"On Communications" had been amended, in partic ular Article 7 (stipulating the authority of the 
Government to approve technical regulations) and Article 16 (conformity assessment in the area of 
telecommunications).   WT/ACC/SPEC/KAZ/9/Rev.2 
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  242. With regard to the transparency and publica tion requirements of the TBT Agreement, the 
representative of Kazakhstan said that the TBT/SPS enquiry point (Information Centre), had been 
established through Government Resolution No. 718 of 11 July 2005.  Any interested party could 
approach the enquiry point for information.  The enquiry point could be contacted at: 
11, 35th Street 
Left Bank Etalon Center Build. 010000 Astana 
Republic of Kazakhstan 
website:  http://wto.memst.kz
 
243. Draft technical regulations were developed a nd examined by advisory panels on technical 
regulation, which were composed of represen tatives of state bodies, technical committees on 
standardization and other interested parties (including public organizations, scientific unions, 
businesses and entrepreneurial associations).  The composition and agenda of these panels were set 
under the supervision of Kazakhstan's 14 state bodies (ministries and government agencies).  Draft 
technical regulations were notified within one m onth of their elaboration and interested parties 
(including public organizations, scientific unions, businesses and entrepreneurial associations) could 
submit comments on the draft within 60 calendar days .  As for standards, these were developed by 
technical committees on standardization, which incl uded government representatives and interested 
parties (including public organizations, scientific unions, businesses and entrepreneurial associations).  
Comments were taken into account in the process of finalizing draft technical regulations and 
standards, and the Agreement of all interested par ties was sought.  All interest ed parties could request 
copies of draft standards, technical regulations and conformity assessment procedures, as well as 
copies of the comments received on a draft.  Fo llowing review and approval at the inter-agency 
committee level, the draft would be submitted to the G overnment and then to Parliament for approval.  
Once adopted by Parliament, the technical regulati on would be published in the "Code of Normative 
Acts of the President of the Republic of Kazakhs tan and Government of Ka zakhstan", the republican 
level newspaper, the official publication of the au thorized body ("Technical regulation bulletin"), and 
on the web ( http://memst.kz ).  A draft Plan on the development of standards was printed in the 
monthly "Informational Catalog (register) of St andards" (ICS), published by Gosstandard (the 
authorized body) to enable interest ed parties to submit comments on drafts.  Drafts were published in 
the official publication of Gosstandard.  In a ddition, Gosstandard had two subordinate state 
enterprises – the Kazakh Institute of Standardizati on and Certification, and the Kazakh Institute of 
Metrology – which issued periodic publications (" Gosstandard News", "Metrology", and "Monthly 
Informational Index of Standards").  Electronic ve rsions of the plans for development of technical 
regulations and standards were put on the web at http://wto.memst.kz .  She added that when  draft WT/ACC/SPEC/KAZ/9/Rev.2 
Page 88  
 
  technical regulations did not meet the relevant inte rnational standards or international standards did 
not exist, or the requirements established by the technical regulations were likely to affect the 
import/export regime, the state body developing the dr aft technical regulation published a notification 
containing the list of products concerned along with a justification for the need for developing the 
particular technical regulation.  This informa tion was published in the official journal of the 
authorized body ("Technical regulation bulletin") or  on the web at http://memst.kz within a month of 
developing the draft.  Detailed information on th e provisions that did not meet the requirements of 
international standards would be provided thr ough the enquiry point (Information Centre) to 
interested parties, including foreign countries, upon request. 
244. Some members of the Working Party request ed information on the elimination of WTO-
inconsistent mandatory national standards.  In particular, these members of the Working Party 
enquired whether there were any plans to address such "hold-over" standards.   
245. The representative of Kazakhstan replied that Kazakhstan was working on the harmonization 
of existing standards with international ones.  In 2007 alone, over 300 state standards (SS RK) had 
been adopted and the development of another 422 was planned for 2008.  As of 1 January 2008, 
approximately 61 per cent of standards had been harm onized (1,164 out of a total of 1919).  By 2009, 
Kazakhstan expected to achieve harmonization of 65 per cent of its national standards.  
246. Some members of the Working Party strongly en couraged Kazakhstan to  bring its standards 
and technical regulations system into compliance with WTO requirements prior to WTO accession.  
247. The representative of Kazakhstan replied that Kazakhstan was currently considering to make 
the commitment contained in the following paragraph.  
248. [The representative of Kazakhstan said that in international trade Kazakhstan shall be guided 
by the requirements of international standards, except for cases provided by the WTO Agreement on 
Technical Barriers to Trade, when such internationa l standards or relevant pa rts would be ineffective 
or inappropriate means for the fulfillment of the legi timate security objectives.  Therefore standards of 
Kazakhstan shall not create any barriers to internat ional trade.  Kazakhstan confirmed that upon its 
accession to the WTO, Kazakhstan would comply with  all provisions of the Agreement on Technical 
Barriers to Trade without recourse to any transitional period.]  
- Sanitary and phytosanitary measures 
249. The representative of Kazakhstan said that her Government was actively working on bringing 
national legislation in line with the WTO Agreement on the Application of Sanitary and Phytosanitary  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 89 
 
 
  Measures (SPS Agreement).  To this end, a number  of new Laws had been adopted, including Law 
No. 543-II "On Quality and Safety of Food Products " of 8 April 2004, Law No. 361-II "On Sanitary 
and Epidemiological Welfare" of 4 December 2002 as amended by Law No. 171-III of 7 July 2006, 
Law No. 301 "On Food Safety" of 21 July 2007, Law No. 339-II "On Veterinary" of 10 July 2002 and 
Law No. 344-I "On Plant Quarantine" of 11 February 1999.  Other relevant legislation included the 
Law "On Environmental Protection".  A draft Law "On Amendments and Addenda into Some 
Legislative Acts of the Republic of Kazakhstan on Veterinary Issues" had been prepared and was 
under consideration in Parliament.     
250. The Committee for the State Sanitary and Epidem iological Surveillance of the Ministry of 
Health was the authorized body responsible for issues related to sanitary and epidemiological welfare.  
The sanitary and epidemiological service was a single system consisting of (i) state bodies (the 
authorized body and its border and transport territori al branches, local executive bodies in the field of 
sanitary and epidemiological services); and (ii)  the sanitary and epidemiological services (the 
Republican Sanitary and Epidemiological Station, st ate organizations for sanitary and epidemiological 
expertise).  When developing and approving regul atory acts related to the production, importation, 
turnover, use, and destruction of substances/proc esses that could potentially affect human health, 
government agencies sought the consent of the au thorized body on sanitary and epidemiological 
welfare.  The veterinary service consisted of the Department of Development of Livestock Breeding 
and Veterinary Safety of the Ministry of Agricultu re, and the Division of State Veterinary Inspection 
of the Committee of State Inspection in the Agro -Industrial Complex.  The Department was the 
authorized body in charge of developing and approv ing rules and regulations in this area; it was also 
responsible for planning veterinary and sanitary  measures.  The Division of State Veterinary 
Inspection was in charge of veterinary control and inspection, epizootic welfare, as well as the 
veterinary surveillance of establishments.  In a ddition, the veterinary control framework included 
(i) the zone branches; and (ii) the oblast and raio n branches of the authorized  body.  The Department 
on Arable Farming and Phytosanitary Safety of th e Ministry of Agricultu re was responsible for 
developing rules and regulations on phytosanitary safety and for the formulation of state policy in this area.  The Division of Phytosanitary Safety of  the Committee of State Inspection in the Agro-
Industrial Complex was responsible for phytosanit ary control and inspection.  In addition, the 
phytosanitary control framework included (i) state quarantine institutions; (ii) the state enterprise 
"Phytosanitary"; (iii) state inspection branches of oblasts and Astana and Almaty; (iv) phytosanitary inspectors of raion (city) territorial administrations; and (v) border checkpoints and posts of phytosanitary control.  WT/ACC/SPEC/KAZ/9/Rev.2 
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  251. She held the view that over time a reliable open structure of national sanitary and 
epidemiological standardization, based on scientific  principles, had been developed.  Standards, 
requirements and norms to protect human health an d ensure product safety we re based on scientific 
research and field studies and incorporated prov isions of international norms, guidelines and 
recommendations (FAO, WHO, ILO, Codex Alimentari us Commission, etc.).  The legislation covered 
equally domestically produced produc ts and imported products destined for domestic use.  According 
to the Law "On Sanitary and Epidemiological Welf are", sanitary and epidemiological norms were set 
only to the extent necessary to prevent environm ental hazards to human life and health, ensuring 
product safety and eliminating factors favourable to  the outbreak and spread of infectious and 
parasitic diseases, as well as those that could cau se food and professional poisoning.  She added that, 
in accordance with the "State Program of Devel opment and Reformation of Healthcare System for 
2005-2010", standards were expected to co mply with all relevant WTO provisions. 
252. Kazakhstan was party to a number of Agreem ents on sanitary and phytosanitary measures 
within the framework of the Eurasian Economic  Community (Belarus, Kazakhstan, the Kyrgyz 
Republic, the Russian Federation, and Tajikista n), as well as within the framework of the 
Commonwealth of Independent States (CIS).  
253. With regard to food safety, she said that the process of recognizing the equivalence of other 
counties' sanitary measures was initiated at the requ est of the exporting country.   Bilateral Agreements 
on equivalence recognition we re concluded on the basis of bilate ral consultations with the exporting 
country.   
254. Law No. 301 "On Food Safety" of 21 July 2007 had established the legal basis for ensuring 
the protection of human life and health, as well as the protection of consumer inte rests, with regard to 
food safety.  The Law had introduced inter alia  a definition of the term "risk assessment" and 
provisions allowing the turnover of genetically-modifi ed organisms and biologically active additives 
after scientific confirmation of their safety. 
255. The state bodies on sanitary and epidemiological control were in charge of issuing sanitary-
epidemiological conclusions and of requisitioning ri sk assessment studies.  Pursuant to Order No. 841 
"On Adoption of Rules for Sanitary and Epidemio logical Inspection" of 14 November 2003, a 
shipment of goods had to be certified for confor mity with sanitary norms and rules before its 
circulation on the Kazakhstani market.  Upon favourable test results, the state bodies on sanitary and epidemiological control issued a sanitary-epi demiological conclusion.  When performing the 
certification, the authorities had to take into acc ount the documents confirming the safety of products  WT/ACC/SPEC/KAZ/9/Rev.2 
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  issued by the authorized bodies of the exporting coun try.  When issued, the sanitary-epidemiological 
conclusion became valid on the entire territory of Kazakhstan and had to be presented upon request.   
256. Risk assessment, was performed by the state sa nitary and epidemiological services, research 
institutions and anti-plague institutions, at the request of the sate bodies on sanitary and 
epidemiological control.  The risk assessment process comprised of (i) hazard identification; 
(ii) assessment of "dose-response" dependence, i. e. determination of the quantitative relationship 
between levels of exposure and the effect on human h ealth; (iii) analysis of the effects of chemical 
substances on human health (exposure); and (iv) risk characteristics – analysis of all available data, 
including risk evaluation and comparative analysis .  Information on risk assessment and on the ways 
of minimizing risk at all stages of the food product's lifecycle had to be included in the relevant specifications and technical documentation.  Risk analysis for newly developed food products was 
obligatory.  Sampling, laboratory testing and re porting procedures were est ablished under relevant 
guidelines and national testing standards.  Sanitary and epidemiological requirements for risk assessment and approval procedures applied e qually to domestic and imported products.   
257. Registration with the relevant state bodies was compulsory for potentially hazardous imported 
substances, which were introduced in the production cycl e for the first time.  Pursuant to Article 9 of 
the Law "On Safety of Food Products", registration applied to genetically modified organisms, food 
additives and biologically active supplements, as well  as dyes and materials involving direct contact 
with water or food products during use, if introdu ced in the production cycle and the domestic market 
for the first time.  Registration was made on the basis of the results of an expert scientific evaluation; 
an objective risk assessment; and cer tain special measures regulating the use and disposal of such 
substances.  Pesticides had to undergo registration and production trials, carried out by research (and 
other) organizations of Kazakhstan;  subsequent registration follow ed in case of favourable trial 
results .  The tests had to be carried out under the cont rol of the territorial branches of the Committee 
of State Inspection in the Agro-Industrial Comp lex, in accordance with the "Rules on Making 
Registration Tests and State Registration of Pes ticides (Chemical Insecticides) in the Republic of 
Kazakhstan" approved by Ordinance of the Minist ry of Agriculture No. 432 of 26 December 2002.  
Registration trials were carried out to (i) determine the biological effectiveness of pesticides; and 
(ii) detect recommended doses and methods of u se for production purposes, which were intended for 
Kazakhstani soils and cultivated crops.  Producti on trials represented field trials of the 
recommendations that had been elaborated during the registration trials.  The period necessary for registration and production tests was two to three y ears.  The Ministries of Health and Environment 
Protection examined pesticides to protect human h ealth and the environment.  Applications for 
registration tests were refused for pesticides contai ning highly toxic agents, as well as for hazardous WT/ACC/SPEC/KAZ/9/Rev.2 
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  pesticides.  Pesticides registered in the Register  of Potentially Hazardous Chemical Substances, as 
well as those included in the "List of Pesticides Pr ohibited from Application on the Territory of the 
Republic of Kazakhstan", were banned and not subject to registration. 
258. With regard to animal health, she said that as a member of the World Organization for Animal 
Health (OIE) since 1993, Kazakhstan followed the pr ovisions of the Terrestrial and Aquatic Animal 
Health Codes.  Her Government planned to a dopt a draft Resolution "On Ratification of the 
International Agreement on the Creation of an Offi ce International des Epiz ooties in Paris" which 
would enable Kazakhstan to use OI E international standards and re commendations in drafting animal 
health legislation and to pursue economic cooperation with other OIE members.    
259. Equivalence recognition fell within the competen ce of the State Veterinary Authority and its 
branches.  The equivalence of veterinary meas ures was recognized if exporting countries guaranteed 
the appropriate level of protection for animals and human beings (in accordance with the provisions of 
Article 8, paragraph 18 of the La w "On Veterinary").  The conclu sion of bilateral Agreements on 
equivalence was not a prerequisite for exporting  products to Kazakhstan.  At present, no 
such Agreements had been signed. 
260. Risk assessment procedures were carried out in accordance with national veterinary 
legislation, taking into account the recommendations of the OIE, and the requirements of the SPS Agreement.  The state veterinary authorities (including inter alia  the State Veterinary Service, 
judicial authorities and public associations) were in charge of requisitioning risk assessment studies 
and of  taking appropriate action on the basis of the resulting reports and laboratory research.  Risk 
assessment was carried out by subsidiary bodies and their regional border and transport branches 
(State Institution "National Centre for Reference,  Monitoring and Veterinary Diagnosis", State 
Enterprise "Republican Veterinary Laboratory", regi onal branches of the state veterinary control and 
local state veterinary bodies).  The risk assessment  process comprised of (i) hazard identification; 
(ii) risk determination – determination of th e likelihood, as well as the biological and economic 
consequences, of entry and spread of pathogeni c microorganisms, toxic and harmful substances; 
(iii) risk management – selection of appropriate  risk reduction measures, as well as subsequent 
monitoring and inspection; and (iv) risk notifi cation – information exchange on risk assessment 
between risk-assessment experts, risk-management officers, and all other interested parties.  
261. Restrictions or bans on imports of animal products could be intr oduced or lifted by instruction 
of the Chief State Veterinary Inspector (or his/he r Deputy) on the basis of official information 
available from the OIE or information provided by  the state veterinary service of the relevant 
exporting country.  When restrictions by Kazakhs tan were to be lifted, a representative from the  WT/ACC/SPEC/KAZ/9/Rev.2 
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  Department of Veterinary could, where necessary, inspect the territory (producers) of the exporting 
country and accept imports from disease-free areas.  Th e Veterinary Service notified the OIE prior to 
taking any veterinary measures.  Kazakhstan's ve terinary service informed the countries concerned 
about all newly introduced or lifted restrictions (ban s) through their veterinary services.  Information 
on restrictions that had been introduced was also published at www.minagri.kz . 
262. Prior to importation, traders had to obtain an import permit for all goods subject to veterinary 
control.  Import permits were issued by the au thorized body on veterinary (the Department of 
Veterinary of the Ministry of Agriculture) upon recommendation of its territorial branches.  The Chief State Veterinary Inspector of a particular region was in charge of the epizootic and veterinary-sanitary 
conditions of that region.  Therefore, to obtain an import permit, traders applied in writing directly to 
the relevant oblast/region branch of the aut horized body where the imported goods were being 
shipped (this was also done for the convenience of tr aders).  Applications had to contain a description 
of inter alia the goods' characteristics, country of origin, purpose, transport type, route, the border 
entry point of either CIS countries or Kazakhsta n, storage place, quarantine conditions, processing, 
and sale period.  This information had to be submitted in Kazakh or Russian.  Oblast branches verified 
the compliance of transportation and storage fac ilities with veterinary rules, while the central 
authorized body verified whether the exporting country was subject to a temporary ban due to an outbreak of an infectious disease.  In cases wher e the imported goods did not comply with safety 
requirements, the exporter could re-apply after fulf illing the necessary requirements.  The authorized 
body issued the import permit within five days, but co uld also refuse a permit by written justification.   
263. At the border, a veterinary inspector inspected the goods, the import permit, as well as the 
veterinary certificate issued by the exporting count ry upon exportation.  The veterinary certificate 
verified the conformity of imported products with domestic veterinary requi rements and ensured their 
access into Kazakhstan (provided an import permit had been issued).  As such, the veterinary 
certificate was the main document certifying product safety.  To ensure the equal treatment of 
imported and domestic goods, the state veterinary in spector (at the border) replaced this certificate by 
a Kazakh veterinary statement.  The veterinary insp ector informed the relevant oblast branch of the 
authorized body (at the border) about the results of the inspection of the product subject to veterinary 
control and about the final destination of the product.  Imported goods were then transported to their 
final destination where they were placed in a temporary warehouse under customs control.  
A veterinary inspector took samples from each c onsignment for laboratory testing.  This procedure 
was obligatory for imported animals, and for products and raw materials of animal origin.  On the basis of the test results, which were available with in three to five days, the veterinary inspector 
approved the consignment for further customs clearance.  Under current regulations, each WT/ACC/SPEC/KAZ/9/Rev.2 
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  consignment had to be tested because a permission to import was required for each specific shipment.  
However, Kazakhstan was considering to simplify th is system by introducing a mechanism allowing 
authorized regular exporters (farms and enterprises in spected by Kazakhstani veterinary inspectors) to 
obtain an annual import permit for the entire contract, rather than individual consignments.  Imports 
from such enterprises would be subject to random  sampling and the import permits would be valid 
until the end of each calendar year.  She added that, pursuant to paragraph 2 of  Article 17 of the Law 
"On Veterinary", the actions (or failure to act) of veterinary inspectors could be appealed to higher 
state veterinary bodies and/or in court.  A list of goods subject to veterinary control is provided in 
Annex 13(a).   
264. She added that once imported products crosse d Kazakhstan's border, the same veterinary 
requirements applied to both domestic and importe d products.  In her view, the requirements for 
transportation within the country were de facto equivalent to the import permit requirements.  
A comparative table describing the procedures for issuing permits for inte rnal transportation of 
domestic products and the procedures applicable to imported products is pr ovided in Annex 13(b). 
265. Asked to provide more information on the use of  veterinary certificates, she said that these 
certificates provided confirmation (i) that the vete rinary requirements of the exporting country had 
been met (for countries that had signed bilateral Agreements on equivalen ce with Kazakhstan); or 
(ii) that Kazakhstan's veterinary requirements had been met (for all other countries).  The replacement 
of veterinary certificates by Kazakhstani veterinary  statements was free of charge and allowed the 
same documentation to be used for both domestic and foreign products, thus ensuring that they 
received equal treatment on the territory of Kazakhsta n.  In addition, the veterinary statement was 
used to (i) certify the safety of domestically -produced animals and animal products; and 
(ii) to accompany such products when transported w ithin Kazakhstan or within the CIS region.  As 
CIS member-states used a uniform set of veterinary rules and veterinary statements, there was no need 
to replace veterinary statements for goods imported fro m the CIS region.  To ensure the safety of food 
products and the identification of the country of origin, the label and packaging of imported goods 
would not be changed until they were delivered to  the end consumer.  Sh e added that Kazakhstan 
would make efforts to amend its vete rinary legislation to ensure that foreign veterinary certificates 
would circulate directly on the territory of Kazakhs tan, accompanied by a veterinary statement issued 
by the veterinary services of Kazakhstan in Kazakh and Russian.  The language of foreign veterinary 
certificates would be agreed with each expor ting country on a case by case basis.     
266. The transit of products subject to veterinary control was regulated by 
international Agreements on co-ope ration in veterinary and did not require any special permit, if  WT/ACC/SPEC/KAZ/9/Rev.2 
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  accompanied by an original veterinary certificate of the exporting country and if in conformity with 
requirements on packaging, integrity and consistenc y of marking with accompanying documents.  The 
transit of live animals was an exception.  It could be performed only with a written authorization by 
the Chief State Veterinary Inspector upon request of the central veterinary body of the importing country, accompanied by an indication of entry/exit points, transportation routes and feeding points. 
267. A surveillance program for animal diseases on the territory of Kazakhstan had been 
established.  Results from the different monitori ng programs were used for the development of a 
vaccination strategy for dangerous animal and bird diseases, the compilation of an epizootic map, and 
the development of preventive measures.  The animal  pests/diseases subject to surveillance are listed 
in Annex 13 (c). 
268. A member of the Working Party said that K azakhstan's system of internal approvals 
constituted unnecessary additional barriers to trade, and in effect, represented a form of non-automatic 
import licensing.  This member of the Working Part y added that while it was appropriate for Members 
to apply legitimate measures for control and inspect ion of a product, such measures had to be no less 
favourable to imported products than for domestic products, and based appropriately on the level of 
risk involved.  In reply, the representative of Ka zakhstan said that Kazakhstan's import permit system 
was consistent with Article 8 of the SPS Agreemen t.  The system allowed Kazakhstan's veterinary 
authorities to ensure the safety of processes that were outside the competence of the veterinary 
services of the exporting country (i.e. transportation,  storage).  Thus, exporters would avoid incurring 
unnecessary costs at border checkpoints associated wi th the lack of up-to-date information. 
269. The representative of Kazakhstan said that legislation on plant quarantine reflected provisions 
and principles established by the International Plant Protection Convention, the European and 
Mediterranean Plant Quarantine and Protecti on Organization and the SPS Agreement.   
270. Kazakhstan recognized the phytosanitary system of other countries as equivalent if they 
ensured the appropriate level of protection on th e territory of Kazakhstan.  The phytosanitary 
requirements were contained in the regulatory legal acts on plant quarantine.   
271. Concerning phytosanitary risk assessment, she said that scientists from plant protection 
research institutes, jointly with specialists from the Russian Plan t Quarantine Research Institute, 
carried out the development of quarantine measures at the invitation of the authorized body on plant 
quarantine.   This work was done on the basis of scientific principles and taking into account 
international standards and recommendations.  Th e assessment of phytosanitary risk reduction 
allowed for the selection of specific phytosanitary (quarantine) measures in accordance with the WT/ACC/SPEC/KAZ/9/Rev.2 
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  specificities of the quarantined speci es.  Phytosanitary risk analysis comprised of (i) a preparatory 
phase – identification of the pathogenic organism  or determination of its mode of spread; 
(ii) phytosanitary risk assessment – an assessment of  conformity with criteria for quarantined species, 
as well as an assessment of the probability of entr y and acclimatization, and the potential economic 
damage; and (iii) assessment of phytosanitary ri sk reduction – assessment of the risk-reducing 
potential of phytosanitary measures and selection of appropriate measures.  
272. In line with international practice, when qua rantinable products were imported from countries 
with registered cases of infection with disease-carrying or disease-causing organisms, imports of products from pest- or disease-free areas were allowe d.  In urgent situations (disease outbreak) the 
authorized body, depending on the phytosanitary c onditions of the exporting party, could introduce 
provisional restrictions or bans on imports of quarantinable produc ts.  In such circumstances, the 
authorized body would provide all pertinent informati on about its actions to the relevant service in the 
exporting country.  Where repeated supply of infect ed quarantinable products had been registered, a 
total ban on imports of the relevant  product could be imposed.  She a dded that contentious issues were 
normally open for negotiation.    
273. She noted that, to ensure transparency, the schedule of products under quarantine subject to 
phytosanitary control was provided through Ordina nce No. 166 "On Adoption of Nomenclature for 
Major Quarantinable Objects Subject to Phytosanita ry Control under Plant Quarantine Procedures" of 
30 May 2002.  Products included in the schedule c ould only be imported/exported if accompanied by 
(i) a phytosanitary certificate issued by the nationa l quarantine services of the exporting country; and 
(ii) a relevant permit, issued by the Committee of  State Inspection in the Agro-Industrial complex and 
signed by the Senior State Inspector on Plant Quar antine in conformity with procedures established 
under the Law "On Plant Quarantine".  In specific cases, where large amounts of products were 
supplied or imported from countries with phytosanita ry conditions that had not been adequately 
analyzed, the authorized body on plant quarantine c ould dispatch an expert to the exporting country 
for inspection at source.  The quarantine permit was i ssued on the basis of a written application by the 
consignee to the Department on Phytosanitary Safety  (30 days prior to importation or five days prior 
to transit).  The permit specified binding phytosanita ry conditions for each shipment (on the basis of a 
thorough examination, including sampling) and stipul ated that each shipment had to be accompanied 
by a phytosanitary certificate issued by the releva nt bodies of the exporting country.  In addition, 
goods subject to phytosanitary control could only be imported through border checkpoints equipped in 
accordance with plant quara ntine rules and norms.  WT/ACC/SPEC/KAZ/9/Rev.2 
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  274. If it could be objectively demonstrated that products  subject to control were infected, or were 
in some way inconsistent with existing rules and regulations, these products could be returned to the 
exporting country or could undergo di sinfection (decontamination) at the destination points or at the 
border.  Any natural or juridical person could appeal the actions of government officials.  
275. The monitoring of harmful organisms in quarantine was carried out by RGP "Phytosanitary" 
specialists, as well as by state inspectors of th e Committee of State Inspection in Agro-Industrial 
Complex at the regional, city and district levels .  The Committee was in ch arge of plant quarantine 
measures.  The plant pests/diseases subject to monitoring are listed in Annex 13(c). 
276. With regard to the transparency requirement s of the SPS Agreement, the representative of 
Kazakhstan said that a single TBT/SPS enquiry point had been in operation since January 2005.  The 
enquiry point notified WTO Members on effectiv e SPS measures, as well as on measures that were 
still in preparation.  Notifications were sent in accordance with the "Rules and Procedures for 
Preparation of Notifications on Pending (Being A dopted) Technical Regulations and Standards".  
These rules had been developed in line with  the notification provisions of the SPS and 
TBT Agreements and ensured that notifications took place at an early stage.  The enquiry point could 
be contacted at: 
11, 35th Street 
Left Bank 
Etalon Center Build. 
010000 Astana Republic of Kazakhstan 
website: http://wto.memst.kz  
277. She added that, pursuant to Government R esolution No. 1627 of 30 October 2000, the 
Ministry of Agriculture had established an Inform ation Marketing System to enhance transparency 
through regular exchange of analytical marketi ng information between agricultural producers, public 
bodies, and other participants on the agricultural market; and through enhanced interaction with 
international organizations.  All relevant draft,  amended and final SPS a nd (agriculture-related) 
TBT regulations and rules were available from the Ministry's web-site, www.minagri.kz
 as well as 
from  www.memst.kz.   All interested parties could send ques tions and comments to the Ministry at 
strategy@minagri.kz.   The Ministry of Environment Protection and the Ministry of Healthcare also 
published a monthly bulletin entitled "Environment and Human Health".  The Ministry of Agriculture issued an analytical bulletin "Agroinform", which c ontained all legal acts, approved by the Ministry of 
Agriculture, including legislation on veterinary, quaran tine and plant protection.  In addition, the state 
sanitary and epidemiological control system mainta ined a regularly updated database on the incidence WT/ACC/SPEC/KAZ/9/Rev.2 
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  of infectious diseases and on the results of rando m laboratory tests of drinking water and food 
products.  This information was available to all inte rested parties.  Asked about the existence of a 
process for public participation in the developmen t of rules and regulations, she said that Law 
No. 124-III "On Private Entrepreneurship" of 31 Ja nuary 2006 provided for the participation of the 
private sector in the development of regulatory act s that would affect the interests of private 
entrepreneurs.  In her view, the provisions of this Law ensured that the public could put forward 
proposals for the consideration of the relevant aut horized body.  In response to specific questions, the 
representative of Kazakhstan replied that Kazakhstan's legislation contained no r estrictions on foreign 
participation in the development of sanitary and phytosanitary standards (e.g. participation in 
technical committees meetings, providing comments) .  Proposals and comments should be submitted 
through the enquiry point.  Comments on risk asse ssment could be submitted either through the 
enquiry point or through the notification procedures established by the WTO Secretariat.      
278. Some members of the Working Party found the initial request for a seven year transition 
period for the implementation of the SPS Agreem ent unacceptable.  These members of the Working 
Party noted that a clear justification would have to  be provided, including a submission of a detailed 
action plan.  These members of the Working Part y remained unconvinced that even a shortened 
transition period (four years) was necessary and stated that Kazakhstan should apply the SPS Agreement from the date of accession.   
279. The representative of Kazakhstan replied that Kazakhstan requested a four year transition 
period from the date of WTO accession to bring na tional legislation in full compliance with the 
provisions of the SPS Agreement.  More specifica lly, this transition period was necessary for 
(i) upgrading border checkpoints; (ii) upgrading ou t-of-date laboratory equipment; (iii) bringing 
national legislation in compliance with the SPS Agre ement; and (iv) re-training personnel.  She noted 
that Kazakhstan applied existing international standards, directives and recommendations in 
compliance with the SPS Agreement.  However, sh e stressed that to ensu re the SPS compliance of 
exported products, as well as to perform effective  control of imported products (e.g. monitoring of 
genetically modified organisms), Kazakhstan had to have both the hum an and technical capacity to 
conduct risk assessment, including laboratory testing.   In addition, she noted that Kazakhstan's 
framework for application of SPS measures, as well as relevant legislation in this area, had been the 
subject of an international independent expert review.  This expert review had also included 
inspections of food processing enterprises and pl ant quarantine and veterinary laboratories.  
The results of the review had noted the use of in adequate and outdated equi pment by veterinary and 
plant quarantine inspectors at border checkpoints and laboratories; the absence of specialized research 
institutions; and the low level of qualification of veterinary and plant quarantine inspectors who  WT/ACC/SPEC/KAZ/9/Rev.2 
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  lacked training on advanced methods in areas such as  diagnosis and disinfection.  The expert review 
had therefore recommended that Kazakhstan request an implementation period necessary for 
compliance with the provisions of the SPS Agreement.       
- Trade-related investment measures 
280. The representative of Kazakhstan confirmed that  Law No. 2828 "On  Subsurface and its Use" 
of 27 January 1996 and Law No. 2350 "On Oil" of 28 June 1995 had established a requirement for 
subsurface users to use domestically produced products and services  – provided that they met the 
relevant domestic and internationa l standards.  Pursuant to Artic le 63-1 of the Law "On Subsurface 
and its Use", the purchase of products, works a nd services for conducting subsurface operations was 
principally done through a tendering process.  The Government determined the purchase rules and the 
maximum procurement volumes for products, works and services, which were purchased on a non-
competitive basis.  Other things being equal, the or ganizers of tenders gave priority to Kazakhstani 
manufacturers.  However, preferences were granted to local producers of goods and local suppliers of 
services only when they fully met all the requirement s of the bidding process.  Tendering procedures 
took place in Kazakhstan.  Both national and foreign companies were equally entitled to participate in 
the bidding process.  In her view, such provisio ns were non-discriminatory and introduced an 
opportunity for imported goods and services.   
281. She also noted that, during the period of economic adversity in the early 1990s, in order to 
attract foreign direct investment and to develop Kazakhstan's unexplored oil fields, her Government 
had signed long-term (up to 40 years) investment contracts with major multinational oil companies, 
on terms which granted VAT and customs duty exemp tions for imported goods used in oil operations 
(joint venture "Arman"; "Maersk Oil" Gmbh, Ka zakhstan; "Kazgermunai" Ltd; "Kuatamlonmunai" 
Ltd; "Agip CCO", Kazakhstan; joint venture "Te ngizshevroil"; and joint venture "Kazakhturkmunai" 
Ltd).  Since the terms of signed investment contra cts could not be changed retroactively (contract 
stability clause), the representative of Kazakhstan st ated that, in fact, the provisions of the Laws 
"On Subsurface and its Use" and "On Oil" were aime d at offsetting the discriminatory terms affecting 
domestically produced goods, which were subject to the payment of VAT.   
282. Pursuant to Article 43 of the Law "On Subsu rface and Surface Use", subsurface use contracts 
could be concluded for a period of up to six years (exploration contracts); up to 25 years (mining contracts); or up to 45 years (fields containing large and unique mineral reserves).  All contracts 
contained provisions for extension of their term .  These contracts contained commitments requiring 
investors to use domestically produced goods ( as long as these were compliant with national and 
international standards) in volumes specified in perc entage terms (from 15 to 80 per cent).  By 2005, WT/ACC/SPEC/KAZ/9/Rev.2 
Page 100  
 
  45 such contracts had been signed.  A further 184 contracts, containing similar commitments on the 
part of investors, had been concluded in 2006- 2007.  She also noted that some subsurface use 
contracts contained commitments requiring investors to accord preference to local goods without 
specifying any particular percentage terms.
 
283. In response to a specific question, she said th at the Law "On Production Sharing Agreements 
(Contracts) in Offshore Oil Operation" had been  adopted on 8 July 2006.  According to the 
December 2004 amendments to the laws "On Oil" and "On Subsurface and its Use", proposals on the 
purchase of domestically produced goods and services had to be foreseen in the tendering offers of 
applicants (i.e. potential subsurface users) a nd included in the subsurface use contracts.  
284. She added that Kazakhstan's industry was do minated by the extraction and processing of 
hydrocarbon and mineral products, the oil sector bei ng the most attractive for both foreign and local 
investors.  Forecasts showed that the volume of foreign investments in oil production was 
continuously increasing, while other sectors of th e economy remained underdeveloped.  Hence, her 
Government had introduced the requirement to u se domestically produced products and services in 
order to (i) ensure the rational restructuring of subsurface use; (ii) achieve sustainable economic 
development through economic diversification a nd reduction of the economy's high dependence on 
mineral resources; and (iii) create an environm ent conducive to the development of processing 
industries and the production of high value-a dded goods.  She emphasized the importance of the 
diversification program for the Kazakh economy,  and added that providing support for the 
development of infant industries was a priority for her Government. 
285. The representative of Kazakhstan added that, pursuant to Presidential Decree No. 1096 of 
17 May 2003, her Government had launched a Stra tegy on Industrial Innovation Development for the 
period 2003-2015.  This Strategy aimed at di versifying the economy away from its current 
dependence on raw materials.   The Strategy aimed at boosting the real sector of the economy through 
implementation of innovative industrial projects, ensuring a strong linkage between research and 
development and the industrial sector, and buildin g high-tech production facilities.  This Strategy 
envisaged the granting of preferen ces to local producers and service suppliers under equal conditions 
with foreign producers.   She stated that this Strategy did not provide for the application of any 
prohibited export subsidies and preferences to local producers.   
286. Referring to the automobile industry, she said that to facilitate the development of this 
industry, Kazakhstan had implemented a "free wa rehouse" regime, established by the Customs Code 
and Resolution No. 355 of 14 April 2005.  Local cont ent requirements and new rules of origin for the 
use of imported goods (inputs) by automobile pr oducers had been introduced through Resolution  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 101 
 
 
  No. 220 of 24 February 2004.  According to the new rules, the value of imported components could 
not exceed a given threshold of the price of the fini shed product for the product to be considered of 
Kazakh origin – respectively 90, 85, 80, 70, 60 and 50 per cent in the first six years of production.  
In turn, goods of Kazakh origin benefited from VAT and customs duty exemptions.  These sufficient 
processing criteria applied only for investments of  value exceeding KZT 1 billion.  "AZIA-AUTO" 
JSC was the only company operating under these cr iteria and accordingly received the following 
preferences until 2009:  (i) customs duty exemp tions on the import of spare parts into free 
warehouses; (ii) Kazakh origin of  goods conferred to goods prod uced in free warehouses, provided 
the sufficient processing criteria were met; (iii) customs duty exemptions on the import of automobiles from free customs warehouses into K azakhstan; and (iv) VAT exemptions on certain 
equipment and spare parts.  She added that Kazakhstan was in the process of preparing amendments 
to its legislation which would bring the "free ware house" regime into compliance with Article III of 
the GATT 1994, as well as the Agreement on Trade-Related Investment Measures (TRIMs Agreement) and the Agreement on Subsidies and Countervailing Measures 
(SCM Agreement).
 
287. Some members of the Working Party consid ered the requirement to use domestically 
produced products [and services] in the oil sector inconsistent with the TRIMs Agreement.  These 
members of the Working Party added that this re quirement also appeared to constitute prohibited 
export subsidies under Article 3.1 of the SCM Agreement.  These members of the Working Party 
asked Kazakhstan to provide furthe r justification for this measure, as well as to present a program for 
bringing existing legislation into conformity w ith WTO obligations.  To assess the need for any 
transition period, a detailed action plan would, in any case, need to  be provided.  These members of 
the Working Party sought a commitment from Kazak hstan that, from the date of WTO accession, it 
would not maintain measures that would be  in conflict with the TRIMs Agreement. 
288. The representative of Kazakhstan said that, fro m the date of WTO accession, Kazakhstan's 
laws and regulations would not contain "local cont ent" provisions which did not comply with the 
TRIMs Agreement.  She added that Kazakhstan re quired a sufficient transition period, after WTO 
accession, to bring national legisla tion governing the use of subsurf ace resources in conformity with 
the provisions of the TRIMs Agreement.  In her view, a transition period up to 2010 would help 
Kazakhstan address concerns related to unempl oyment and sustainable economic growth.  The 
Government of Kazakhstan was preparing a priority  list of strategically important goods for the 
diversification of the national economy, as well as a detailed action plan coveri ng the transition period 
that would be needed to bring its legislation in conformity with the TRIMs Agreement. WT/ACC/SPEC/KAZ/9/Rev.2 
Page 102  
 
  - Free zones, special economic areas 
289. The representative of Kazakhstan said that Kaza khstan's special economic areas (SEAs) were 
regulated by Law No. 274 "On Special Economic Areas in the Republic of Kazakhstan" of 
6 July 2007 which had replaced Law No. 2823 "O n Special Economic Areas in the Republic of 
Kazakhstan" of 26 January 1996.  Additional rele vant provisions were contained in the Customs 
Code, the Tax Code, and in other legislative acts.  
290. According to Law No. 274 "On Special Economic  Areas in the Republic of Kazakhstan" of 
6 July 2007, SEAs could be established for a period of up to 25 years.  The Ministry of Industry and Trade was the relevant authorized body.  Pursuant to Chapter 30 of the Customs Code, a "free customs area" described the customs regime within SEA borders, under which foreign and 
Kazakhstani goods were placed and used.  Such go ods were exempt from customs duties and taxes, 
except for excise tax on imports.  Other than safet y requirements, no non-tari ff regulatory measures 
were applied.  When exporting goods from the terri tory of SEAs to the rest of Kazakhstan, import 
duties and non-tariff regulatory measures were a pplied in accordance with the provisions of the 
customs regime.  When a certificate of origin estab lishing the SEA origin of goods was not available, 
the goods were considered to be  either Kazakhstani (when expor ted from Kazakhstan) or foreign 
(when imported into the rest of Kazakhstan).  
291.  Six SEAs existed in Kazakhstan – "Astana- New City", "Seaport Aktau", "Informational 
Technologies Park", "Ontustyk", "National Industria l Petrochemical Techno-Park" and "Burabai".  
The SEA "Astana – New City" had been established by Presidential Decree No. 645 of 29 June 2001 
for the period 2002-2010; it had been created to f acilitate the development of the new capital of 
Kazakhstan by attracting investment s, using advanced construction technologies, and building modern 
infrastructure.  The SEA "Aktau Seaport" had b een established by Presidential Decree No. 853 of 
26 April 2002 for the period 2003-2015; it had been  created to facilitate the development of the 
seaport infrastructure and its auxiliary services by a ttracting new investments, creating new jobs and 
introducing modern administration and management  methods.  The SEA "Information Technologies 
Park" had been established by Presidential Decr ee No. 1166 of 18 August 2003 for a the ten-year 
period; it had been set up in order to diversif y the economy through the production of information 
technology products and the effective use of the count ry's scientific and technical innovation capacity.  
The SEA "Ontustyk" had been established by Presidential Decree No. 1605 of 6 July 2005 for a 
ten year period with the objective to diversify th e economy by creating jobs and attracting foreign 
investment through the development of the textile in dustry (cotton) in southern Kazakhstan.  The SEA 
"National Industrial Petrochemical Techno-Park" ha d been created in the Atyrau oblast pursuant to  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 103 
 
 
  Presidential Decree No. 495 of 19 December 2007; it had been established until 31 December 2032 to 
develop and implement "breakthrough" investment projects aimed at developing an internationally-
competitive deep hydrocarbon processing and high va lue-added petrochemica l products.  The SEA 
"Burabai" had been established in the Akmo la oblast by Presidential Decree No. 512 of 
15 January 2008 until 1 December 2017; it had been created to develop an efficient and competitive 
tourism infrastructure.  She added that feasibility studies were being conducted on the development of 
four additional SEAs – "Dostyk", "Horgos-East Gates" , "West Gates" and "Tobyl".  The objective of 
these SEAs would be to enhance border trade a nd regional economic coope ration by developing 
Kazakhstan's transport infrastructure and transit capacity.   
292. The representative of Kazakhstan said that a ttracting investment, modern technology, and 
know-how to SEAs was considered to be their prim ary purpose.  To achieve this, the Government 
extended a number of preferences provided that  the economic entities concerned met certain 
requirements.  These preferences included exemptions  from the payment of land tax, property tax, 
corporate income tax and value-added tax, as well  as import duty exemptions on goods used in the 
construction process.  In particular, in "Astana- New City", the Government provided an exemption 
from the payment of VAT on sales within the terri tory of the SEA, as well as on sales of products 
(works, services) originating from the territory of K azakhstan and sold within the SEA that were fully 
consumed in the construction process.  Other pref erences included an exemption from the payment of 
land and property tax, as well as a reduction in the ra te of corporate income tax.  Companies operating 
in the SEA "Aktau Seaport" were entitled to co rporate income tax, property tax and land tax 
exemptions if they (i) were registered with the tax authorities on the territory of the SEA; (ii) had no 
structural units outside the SEA; (iii) operated in one of the specific industries targeted by the SEA; 
and (iv) generated at least 90 per cent of their annual income from sales of products produced internally, including sales of construction object s.  The SEAs "Information Technologies Park" and 
"Ontustyk" provided a reduction of up to 100 per cent on the payment of corporate income tax, as 
well as corporate and land tax exemptions, for companies that carried out activities listed in Article 140-1 of the Tax Code.  In addition, co mpanies in these two SEAs were entitled to an 
exemption from the payment of VAT on (i) sales within the territory of the SEA of goods (works, 
services) which corresponded to the objectives of the SEA; and (ii) sales of products (works, services) 
originating on the territory of Kazakhstan and sold  within the SEA, which were consumed in the 
course of the specific activity.  SEA "Nationa l Industrial Petrochemical  Techno-Park" and SEA 
"Burabai" were subject to the taxation regime app licable to other SEAs.  She noted that Kazakhstan 
imposed no restrictions on the participation of fore ign companies in the SEAs, other than the generic 
set of criteria, which had to be met by both fore ign and national entities wishing to become eligible 
for SEA tax and customs duty preferences.   WT/ACC/SPEC/KAZ/9/Rev.2 
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  293. A member of the Working Party said that K azakhstan's free zones were authorized by 
legislation that contained provisions for granting special benefits contingent on export orientation 
and/or import substitution of enterprises.  This member of the Working Party stated that these 
provisions violated both the Agreement on Subsidies and Countervailing Measures, as well as the Agreement on Trade-Related Inve stment Measures, and, therefore, should be eliminated.  This 
member of the Working Party sought a commitment from Kazakhstan that, from the date of accession, 
Kazakhstan would ensure the enforcement of its  WTO obligations in free zones existing or 
established within its territory, including the prohibiti on of TRIMs or subsidies contingent in law or in 
fact on local content or export performance.  Kazakhs tan was also asked to confirm that the right of 
firms to establish and operate in these areas would not depend on export performance, trade 
balancing, or local content criteria.  In addition,  Kazakhstan should ensure that goods produced in the 
free zones under tax and tariff provisions that exem pted imports and imported inputs from tariffs and 
certain taxes would be subject to normal customs formalities when entering th e rest of Kazakhstan, 
including the application of tariffs and taxes. 
294. The representative of Kazakhstan replied that th e term "export oriented production", as found 
in the text of the Presidential Decrees establis hing SEAs, meant that production in the SEAs should 
offer export potential.  This term did not mean that the export of goods and services was a condition 
for receiving tax benefits.  In a ddition, her Government was in th e process of amending Presidential 
Decree No. 853 of 26 April 2002 and Presidential Decree No. 1166 of 18 August 2003 which would 
eliminate the use of the terms "import-substituti ng" and "export-oriented" as criteria for granting 
preferential treatment.  Similarly, the term "expor t-oriented" would be eliminated from Government 
Resolution No. 1376 "On the Regulation of Procedur es on Formation and Use of Assets of the Fund 
for Economical and Social Development of Speci al Economic Area" of 26 September 1997.  The 
relevant draft legislation had already been develope d and would be adopted by the end of 2008.    
295. The representative of Kazakhstan confirmed th at the existing legislation – including Law 
No. 274 "On Special Economic Areas in the Republic of Kazakhstan" of 6 July 2007 – did not contain 
any provisions that granted special privileges contingent on export or ientation and/or import 
substitution.  She also confirmed that the right of  firms to establish and operate in SEAs would not 
depend on export performance, trade balancing, or local content criteria and that goods produced in 
the free zones, under provisions that exempted imports  form tariffs and certain taxes, would be subject 
to normal customs formalities when entering the rest of Kazakhstan, including the application of tariffs and taxes.  She added that Kazakhstan was currently considering to make the commitment in 
the following paragraph.  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 105 
 
 
  296. [The representative of Kazakhsta n confirmed that the free zones authorized by the legislation 
of Kazakhstan would be fully subject to the cove rage of Kazakhstan's commitments taken in its 
Protocol of Accession to the WTO Agreement, and that Kazakhstan would ensure enforcement of its 
WTO obligations in those zones.  In addition, goods produced in these areas under tax and tariff 
provisions that exempt imports import and importe d inputs from tariffs and certain taxes would be 
subject to normal customs formalities when entering the rest of Kazakhstan, including the application 
of tariffs and taxes.] 
- Government procurement 
297. The representative of Kazakhstan said that Kazakhstan's legislation on government 
procurement included Law No. 303 "On Public Procurement" of 21 July 2007 and Resolution 
No. 1301 "On Rules for Holding of Public Procurem ent" of 27 December 2007.  This legislation had 
been formulated taking into account the requirements of international law, sp ecifically the Model Law 
of the United Nations Commission on Interna tional Trade Law (UNCINTRAL).  The body 
responsible for development and implementation of state policies in the area of government procurement was the Committee for Financial Control under the Ministry of Finance. 
298. She noted that pursuant to the Law "On Pub lic Procurement", government procurement was 
defined as the purchase by customers, on a paying basis, of goods, works, and services which were essential for their operations, the execution of their st ate functions, or the activity of a customer under 
its foundation charter – made in accordance with the procedure established by this Law and the Civil 
legislation of Kazakhstan.  This definition excluded services purchased from natural persons under 
labour contracts or from natural persons that were  not engaged in entrepreneurial activity, under 
paying services contracts, as well as contributions to  the capital stock of newly established juridical 
persons. 
299. She further noted that government procurement was implemented through public bidding, 
limited bidding (public and limited bidding could cons ist of two stages), single source procurement, 
supplier selection on the basis of price offers requ ests, electronic market procurement, and market 
procurement.  According to Article 3 of the Law,  the procurement process ha d to provide for equal 
participation opportunities for all potential suppliers  of goods and services, unless otherwise specified 
by legislation; fair competition among potential s uppliers; open and transparent procedures; and 
effective and efficient use of funds.  WT/ACC/SPEC/KAZ/9/Rev.2 
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  300. Some members of the Working Party sought a commitment from Kazakhstan that it would 
initiate negotiations for membership in the Agre ement on Government Procurement by tabling an 
entity offer [membership application] immediately af ter [one year after] its accession to the WTO. 
301. The representative of Kazakhstan replied that Kazakhstan was considering the expediency of 
joining the Agreement on Government Procur ement after its accession to the WTO.  
- Transit 
302. The representative of Kazakhstan said that goods in  transit across the territory of Kazakhstan 
were exempt from customs charges and fees, value- added tax, and excise taxes.  Kazakhstan allowed 
free transit to reflect the provisions of Article V of the GATT 1994, as well as those of signed international treaties.  Goods listed in Resoluti on No. 524 of 4 June 2003 could only transit the 
customs territory of Kazakhstan, provided that they  were accompanied by a guarantee of payment of 
all necessary customs duties and taxes.  In addition,  pursuant to Article 42 of the Customs Code, the 
customs authority could deny, in writing, the releas e of goods in the event that the goods originated 
from a country subject to import prohibition measures.   With the exception of import and export bans 
on certain goods (such as arms, drugs  and antiques) there was no legislation prohibiting the transit of 
goods. 
303. She noted that Kazakhstan applied no transit ch arges, other than transportation charges for 
road, railroad and sea transport.  Payments were  collected without any special preferences.  
For international transit of goods by railway, K azakhstan applied a Tariff Policy, which was annually 
coordinated and approved at  Tariff Conferences held in the frame work of the Tariff Agreement of the 
Railway Administrations (Carriers) of the CIS Co untries of 17 February 1993.  The maximum tariff 
rates established in the Tariff Policy, were based on  the International Transit Tariffs (ITT) and the 
Uniform Transit Tariff (UTT).  Transit charges we re regulated by Government Decree No. 62 
"On some issues regulating the movements of vehicles on the territory of Kazakhstan" of 
19 January 2002, Government Decree No. 1306 of  24 December 2003 and the Rate Policy of the 
Republic of Kazakhstan for the G oods Transportation in International Communication for 2005.   
304. Transit charges for foreign vehicles transporti ng international cargoes by road - only in cases 
when the number of permits exceeded the annual qu ota established at Tariff Conferences - were fixed 
at the rate of ten Monthly Calculation Indices.  These charges covered for administrative costs or the 
costs of services rendered.  No decreasing coeffi cients applied for the transit of goods through 
seaports.  As for railway transit, in accordance with the provisions of the Concept on Tariff Policy 
Coordination for the CIS Members' Railway Transport, Kazakhstan had the right to increase tariff  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 107 
 
 
  rates for railway transportation twice a year; a nd to reduce these tariff rates by granting decreasing 
coefficients for the transportation of certain types of  goods by certain routes.  This flexible transit 
tariff policy for railway transportation was aimed at  retaining the existing turnover of transported 
goods, as well as at drawing additional flows of goods.     
305. The representative of Kazakhstan said that acco rding to Article 339 of the Customs Code, 
certain goods, as listed in Resolution No. 524 of 4 J une 2003 (including alcohol, certain brands of 
alcoholic products, cigars and t obacco), could only transit the cust oms territory of Kazakhstan upon 
presentation of a guarantee of payment of customs du ties and taxes.  This guarantee could take the 
form of a (i) collateral deposit, (ii) bank guarantee, (iii) deposit of the sum due with the customs 
authorities; or (iv) an insurance contract.   
306. Asked about the redemption of a guarantee, she re plied that, in accordance with Article 345 of 
the Customs Code, the guarantee was refunded af ter all commitments required by the deposit had 
been fulfilled within ten working days of the day the request was received.  A request for a deposit 
refund had to be submitted to the customs author ity no later than five years from the date the 
commitment had been fulfilled.  The deposit was re funded after a deduction of debts in respect of 
customs duties, taxes and penalties (Article 351 of the Customs Code) – no interest was refunded.  
Bank fees were covered by the declarant and th e deposited amount could no t be indexed.  Bank 
guarantees, property collateral deposit and insurance were refunded/terminated after five working 
days from the date the commitment had been fulfilled. 
307. She noted that the procedures applied by cu stoms bodies to enforce payment of customs 
duties and taxes were defined in th e Customs Code (Articles 338-345).  
308. [The representative of Kazakhstan confirmed th at her Government would apply its laws and 
regulations governing transit operations and would act in full conformity with the provisions of the 
WTO Agreement, in particular Article V of the GATT 1994.  The Working Party took note of this 
commitment.]  
- Government-mandated counter-trade and barter 
309. The representative of Kazakhstan said that Gove rnment approval was not required to engage 
in counter-trade and barter tran sactions.  Moreover, where barter trade was permitted, such products 
were subject to the same tariff and non-tariff measures as like products imported through normal 
channels.  Kazakhstan applied the same WTO custom s valuation-based system for such transactions 
as was applied to goods imported through normal ch annels – i.e. if the transaction value of the WT/ACC/SPEC/KAZ/9/Rev.2 
Page 108  
 
  imported merchandise could not be de termined, then the goods were valu ed on the basis of one of the 
other valuation methods provided under the Custom s Valuation Agreement, applied in sequential 
order.  Any barter and counter-trade arrangeme nts were only conducted on a company-to-company 
basis. 
- Agricultural policies 
310. The representative of Kazakhstan said that K azakhstan required no licenses for agricultural 
purposes.  She provided information concerning domestic support and expor t subsidies in the 
agricultural sector in Revision 3 of document WT/ACC/SPEC/KAZ/6, and in document WT/ACC/SPEC/KAZ/7 (and addenda).  
311. The representative of Kazakhstan said that th e agricultural sector was subsidised with 
preferential credits through the State ExImBank, st ate guarantees for foreign loans, and preferential 
loans through the Fund in support of agricultural sma ll and medium-size businesses.  These tools were 
used to strengthen reforms in th e agricultural sector and implement a unified medium-term investment 
policy.  A set of criteria used for competitive selection of investment projects included: (i) the compliance of investment projects with restructuring goals in the agriculture sector; 
(ii) the creation of competitive markets for agri cultural commodities; (iii) the use of modern 
machinery and technologies, and (iv) the economic viab ility of projects.  She noted that there were no 
export requirements to obtain financing from ExIm Bank, which applied equa l terms and conditions 
across sectors and industries, irrespective of market s, in which the exports of agricultural products 
were sold.  Furthermore, preferential loans and cr edits to lease agricultural machinery were provided 
in accordance with the ADB Program Loan for th e agricultural sector.  Likewise, the Fund on 
Financial Support of Agriculture (FFSA), set up in  December 1994, assumed the debts of agricultural 
producers in the amount of over US$600 million on the b asis of individual Agreements that stipulated 
the procedure, timing and conditions of repayment. 
312. The representative of Kazakhstan confirmed that  Kazakhstan did not maintain any market 
price support measures or interference programs.  She referred to Article 18 of Law No. 1543-XII 
"On Protection and Support of Private Entrepreneurship" of 4 July 1992.  Direct state regulation of prices of goods was, however, permitted only in cases where entrepreneurs abused their monopolistic 
market position.  This was regulated following the guidelines of the anti-monopoly legislation.  
313. Asked to provide more information on the support system for high-grade seeds, pedigree 
cattle and a farming development program, she sai d that subsidies had been granted through the 
FFSA, and that its main goal was to increase th e efficiency of agricultural production by  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 109 
 
 
  compensating for the costs incurred by seed breedi ng stations and livestock breeding stations as a 
result of price falls on seeds and breeding stock sold  to agricultural producers.  The subsidies were 
also used to stimulate farmers to purchase pedigree cattle, use new equipment, technology, high 
quality seeds, mineral fertilizers and to protect pl ants under the farming development program.    
314. Some members of the Working Party said that they had concerns about the use of a "base 
period" other than the most recent three-year period.  Kazakhstan's use of the 1996-1998 period 
seemed inappropriate, as it was characterised by a large-scale debt forgiveness program that operated 
to artificially inflate AMS levels .  These members of the Working Party also noted that Kazakhstan 
did not have automatic recourse to the Special a nd Differential treatment provisions contained in 
Articles 6.2 and 6.4 of the Agreement on Agriculture.  
315. The representative of Kazakhstan replied that the level of support provided in 1999-2002, 
when Governmental financing had been at its lowe st level due to the 1998 fi nancial crisis, would not 
be sufficient to cover for the actual needs of the ag ricultural sector.  An assessment of the situation in 
the agricultural sector for 1996-2002, had shown th at the needs of the agricultural sector had not 
diminished over the years and that the level of  support provided in 1999-2002 did not adequately 
reflect the needs of agricultural producers.  Mo reover, the content of agriculture state support 
programs implemented during these years was consistent, despite reductions in the volume of financing in certain years as a result of budget cuts .  She also noted that, in recent years (2003-2005), 
due to increased budget revenues from Kazakhstan' s oil exports, state budget allocations for 
agriculture had increased by 20 per cent annually in  accordance with the State Agro Food Program.  
She further noted that although debt accumulation was no longer a widespread practice among agricultural goods producers, a serious problem of deferred debts of 1994-1997 still remained 
unresolved.  Within the framework of the State Agro-Food Industry Development Program of 2003- 2005, her Government was in the process of anal yzing debts of agricultural producers with the 
purpose of restructuring deferred debts of existing enterprises and writing-off debts of bankrupt ones.  
316. As for Kazakhstan seeking recourse to the prov isions of Article 6.2 of the Agreement on 
Agriculture, she said that the aftermath of implemen tation of structural reforms had been devastating 
for Kazakhstan's agriculture sector.  The current po licy was therefore aimed at attracting long-term 
investments in the agricultural sector.  This was be ing achieved with the partic ipation of international 
banks, in particular the Asian Developmen t Bank (ADB) and the International Bank for 
Reconstruction and Development (IBRD).  The repr esentative of Kazakhstan stated that all of the 
above investment projects were in complete conf ormity with the provisions of Article 6.2 of 
the Agreement on Agriculture.  She further stated that given the inter est shown by international credit WT/ACC/SPEC/KAZ/9/Rev.2 
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  organizations in direct long-term investments in to the agricultural sector, Kazakhstan was willing to 
create favourable investment conditions.  Moreover,  the policy of leasing agricultural machinery and 
the development thereof, ensuring availability of ag ricultural machinery, was one of the top priority 
objectives for which a long-term plan had been estab lished.  She added that given objective economic 
development criteria, such as GDP per capita and in come level of the rural population, Kazakhstan's 
GDP per capita level placed the country in th e group of middle-income countries (World Bank 
classification).  However, taking into account the personal annual income of rural citizens 
(US$456.6 per capita), Kazakhstan could be c onsidered a poor country.  Moreover, as the 
Government had started to implement market economy reforms in the agricultural sector only 
recently, the development level of this sector still  remained below the pre-reform stage.  Thus, 
Kazakhstan would seek a number of preferences in the agricultural sector at the time of its accession 
to the WTO, which were granted to developing countries and had been provided to a number of 
acceding countries with economies in transition, taking into consideration the precedents set by 
countries that acceded to the WTO since 1995.  In particular, Kazakhstan would seek recourse to the 
provisions of Article 6.2 of the Agreement on Agriculture. 
317. Some members of the Working Party sought a commitment from Kazakhstan to bind its 
agricultural export subsidies at zero upon accession.   
318. The representative of Kazakhstan replied that Ka zakhstan needed to use export subsidies due 
to its land-locked geographical location, the v astness of its territory, its remoteness from major 
agricultural markets and high transportation costs, which drastically decreased the competitive power 
of Kazakhstani agricultural products.  Furthermore,  the production of main export products exceeded 
by far the level of domestic demand, while export sales of agricultural products constituted one of the 
main sources of income for those living in the rural areas.  She further noted that some WTO 
Members extensively exercised their right to subsid ize exports.  She added th at Kazakhstan would not 
seek direct export subsidies for wheat, provided that it could continue to provi de transportation export 
subsidies to agricultural products. 
319. [The representative of Kazakhstan confirmed that agricultural export subsidies would be 
bound at zero in Kazakhstan's schedule of Conces sions and Commitments for Goods.  She also 
confirmed that export subsidies applied to agricu ltural products would accordingly be eliminated by 
the date of accession.  The Working Pa rty took note of these commitments.]  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 111 
 
 
  - Trade in civil aircraft 
320. In response to a request from some members of the Working Party, the representative of the 
Republic of Kazakhstan said that Kazakhstan did not plan to join the Agreement on Civil Aircraft 
prior to accession to the WTO. 
V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME 
- GENERAL - Industrial property protection 
321. The representative of Kazakhstan said that Kaza khstan's policies in the area of intellectual 
property rights protection were aimed at (i) bringing legislation in line with international standards; 
(ii) developing relevant enforcement mechanisms; and (iii) training experts in this area.  The objective 
of these policies was to ensure the lawful use and protection of intellectual property rights in 
Kazakhstan, as set forth in the Concept of Protec tion of Intellectual Property Rights, approved by 
Government Resolution No. 1249 of 26 September 2001.  Detailed information on the implementation 
of the WTO Agreement on Trade-Related Aspects of  Intellectual Property Rights (TRIPS) had been 
provided in document WT/ACC/KAZ/24.  An ac tion plan for the harmonization of national 
legislation with the TRIPS Agreement for the period 2004-2006 had been provided in document 
WT/ACC/KAZ/48 and information on the implementa tion of this action plan in 2004-2005 in 
documents WT/ACC/KAZ/55 and WT/ACC/KAZ/59.   
322. She added that legislation governing the protec tion of intellectual property rights included the 
General Part of the Civil Code  of 27 December 1994, the Special Part of the Civil Code of 
1 July 1999, the Criminal Code, the Administrative Offences Code, the Customs Code of 5 April 2003, the Law "On Copyright and Related Rights" of 10 June 1996, the Law "On Trade 
Marks, Service Marks and Appellations of Origin" of  26 July 1999, the "Patent Law" of 16 July 1999, 
the Law "On Protection of Selective Achievemen ts" of 13 July 1999, and the Law "On Legal 
Protection of Layout Design of Integrated Microcircuits" of 29 June 2001.  The Law "On Amendments and Addenda to Legislative Acts of the Republic of Kazakhstan on Intellectual 
Property" of 9 July 2004 had introduced changes to all principal legislation that regulated the 
protection of intellectual property rights in Kazakhs tan.  In addition, the Law "On Amendments and 
Addenda to Legislative Acts of the Republic  of Kazakhstan on Intellectual Property" of 
22 November 2005 had increased the administrative and criminal liability for violation of intellectual 
property rights and had improved and streamlined ex isting criminal procedures.  She added that WT/ACC/SPEC/KAZ/9/Rev.2 
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  Kazakhstan would continue to ame nd existing legislation and implem ent programs to improve legal 
practices.  In an effort to improve inter-ministeria l cooperation in this area, a number of joint orders 
had been adopted in September 2005.  These or ders addressed coordi nation and collaboration 
procedures between the public prosecu tor's offices, the financial police,  the department of internal 
affairs, customs, as well as the taxation and judicial bodies.  
323. With regard to efforts made to educate the public, the representative of Kazakhstan said that 
the Committee for Intellectual Property Rights regul arly held regional and national workshops on 
protection of intellectual property rights in order to  upgrade the qualifications of intellectual property 
rights protection experts, and to share experiences in this field.  Officials of the justice, law, and 
customs bodies, judges, owners of intellectual property rights, as well as users and the media, took part in these workshops.  She further noted th at the Committee for Intellectual Property Rights 
conducted seminars jointly with international orga nisations, including the World Intellectual Property 
Organisation, the Coalition for Intellectual Prope rty Rights Protection, the Phonograms Producers 
International Federation and USAID.  In addition,  officials of the Committee on Intellectual Property 
Rights also actively participated in radio and te levision shows on protection of intellectual property 
rights in Kazakhstan.  Twice a year, the Ministry of Justice held a national campaign ("Intellect").  
This was a permanent large-scale campaign with the active participation of interested public bodies, 
international agencies, public associations, commerc ial organisations, educat ional institutions, the 
media, and the citizens of Kazakhstan.  The campai gn aimed at promoting the concept of intellectual 
property, increasing the public's awareness against pi racy and the distribution of counterfeit products, 
and strengthening the role of intellectual property and th e status of authors, innovators and inventors.   
324. In addition, she noted that the number of appli cations for registration of copyright and related 
rights, as well as of licence Agreements for the u se of copyright and related rights, had increased.  
In her opinion, these developments demonstrated th at the number of authors and persons aware of 
copyright and related laws had increased. 
- Responsible agencies for policy formulation and implementation 
325. The representative of Kazakhstan said that the Committee for Intellectual Property Rights of 
the Ministry of Justice was authorized to perfo rm specific executive, monitoring, and supervisory 
functions, as well as general administrative functi ons, in the area of intellectual property.  
The Committee had been established by Government  Resolution No. 411 "On Issues Relating to the 
Committee for Intellectual Property Rights of the Ministry of Justice" of 29 March 2001, which had abolished the Committee for Copyright of the Ministry  of Justice and the Republican State Enterprise 
on Patents and Trademarks "Kazpatent" of the Ministry of Justice.   WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 113 
 
 
  326. She noted that production and commercial activitie s relating to intellectual property issues 
were delegated to the Republican State Enterprise "National Institute on Intellectual Property" of the 
Committee on Intellectual Property Rights of the Ministry of Justice. 
- Participation in international intellectual property Agreements 
327. The representative of Kazakhstan said that Kazakhs tan was party to a number of international 
treaties, Agreements, and conven tions – notably the Convention Es tablishing the World Intellectual 
Property Organization (WIPO); the Paris Convention for the Protection of Industrial Property; the 
Madrid Agreement Concerning the International Regi stration of Marks; the Patent Cooperation Treaty 
(PCT); the Berne Convention for the Protection of Literary and Artistic Works; the Nice Agreement 
Concerning the International Classification of Goods and Services for the Purposes of the Registration 
of Marks; the Strasbourg Agreement Concerning the In ternational Patent Classification; the Budapest 
Treaty on the International Recogn ition of the Deposit of Microorgan isms for the Purposes of Patent 
Procedure; the Universal Copyrigh t Convention; the Locarno Agreement Establishing an International 
Classification for Industrial Designs; the Trademark La w Treaty; the Eurasian Patent Convention; and 
the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of 
Their Phonograms.  In addition, Kazakhstan had acceded to the WIPO's Copyright Treaty and the 
Performances and Phonograms Treaty in April 2004. 
328. Asked specifically about Kazakhs tan's participation in the Eura sian Patent Convention, she 
said that by acceding to the Convention, Kazakhsta n had not undertaken an y obligations extending 
beyond the framework of the Paris Convention.   
329. She noted that Kazakhstan had bilateral co-opera tion Agreements in the area of intellectual 
property with Azerbaijan, Georgia, the Kyrgyz Re public, the Russian Federation, the United States 
and Uzbekistan.  The bilateral Agreements with  these and other CIS countries did not contain any 
specific obligations which would no t be extended to other countries. 
- Application of national and MF N treatment to foreign nationals 
330. The representative of Kazakhstan said that Article  12.4 of the Constitution, Article 3.7 of the 
Civil Code, as well as Article 5 of the Law "On Co pyright and Related Rights", Article 48 of the Law 
"On Trademarks, Service Marks a nd Appellations of Origin" and Ar ticle 38 of the Patent Law, 
ensured that foreign natural and juridical pers ons were granted nationa l and most-favoured nation 
treatment.   WT/ACC/SPEC/KAZ/9/Rev.2 
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  331. In reply to a specific question, she confirmed that foreign right holders had the ability to 
directly apply for geographical indications protec tion, without the intercession of their governments. 
- Fees and taxes 
332. Some members of the Working Party were con cerned about nationals and non-nationals of 
Kazakhstan being charged different fees for certain industrial property rights and enquired how such 
differences could be justified cons idering that Kazakhstan's Constituti on and Civil Code required that 
foreign natural and juridical persons  be given national treatment.  In addition, some members of the 
Working Party noted that nationals of the Russian  Federation and the Kyrgyz Republic could pay for 
patent fees in Russian rubles or Kyrgyz som, according to the schedule applicable to Kazakh 
nationals, and did not require the services of a pate nt attorney when filing applications with the 
Committee for Intellectual Property Rights.  Kaza khstan was asked how it intended to bring its 
legislation into conformity with the most-favoured nation principle.   
333. The representative of Kazakhstan replied that pur suant to the Order of the Chairman of the 
Committee on Intellectual Property Rights, approved by the Agency for the Regulation of Natural 
Monopolies, Protection of Competition and Suppor t of Small Businesses of 27 May 2004, a new list 
of fees charged by the Republican State Enterprise "N ational Institute of Intellectual Property" of the 
Committee for Intellectual Property Rights had been  adopted.  As for the treatment of Russian 
Federation and Kyrgyz Republic nationals, she replie d that, in her view, these provisions were in 
conformity with Article 4.A.2 of the Paris Conve ntion and Article 4(d) of the TRIPS Agreement. 
- SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING PROCEDURES 
FOR THE ACQUISITION AND MAINTENA NCE OF INTELLECTUAL PROPERTY 
RIGHTS 
- Copyright and related rights 
334. The representative of Kazakhstan said that the Law "On Copyright and Related Rights" of 
10 June 1996 and the provisions of the Berne C onvention (which applied directly pursuant to 
Article 4 of the Constitution) extended protecti on of literary, artistic and scientific works to 
incorporate all forms of copyright covered by the TRIPS Agreement.  The protection included 
computer programs, computer operating systems and databases (defined as a collection of 
information).  Rental rights for musical works in text of note form, phonogram works, audio and 
visual items, databases and computer software were stipulated in Article 16 of the Law "On Copyright 
and Related Rights".   WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 115 
 
 
  335. Article 28 of the Law "On Copyright and Relate d Rights" provided a term of protection for 
the lifetime of the author and 70 years following his/her death, except in cases stipulated in the 
Article.  The copyright for a work first published with in 30 years of the author's death was protected 
for 70 years after the publication date.  Works, pu blished anonymously or under a pseudonym, were 
protected for 70 years after the date of publication, unless the author had been revealed.  The rights of 
performers, phonograms and broadcasters were protected for 70 years from the date of 
performance/publication/broadcast.  Special terms fo r cinematographic and photographic works were 
not foreseen.   
336. Asked specifically about protection of works th at were still protected in their country of 
origin and that had not had full term of protect ion in Kazakhstan, she replied that Kazakhstan 
extended protection to such works, as provided for in  Article 28, unless they had become available in 
the public domain in their country of origin.  Wo rks with expired terms of protection fell into the 
public domain and were deemed to be national property that could be used free of charge by any 
person in accordance with Article 29 of the Law "On Copyright and Related Rights".   
337. A member of the Working Party noted that th e Law "On Copyright and Related Rights" did 
not contain a clear provision on the protection of  pre-existing works and sound recordings and 
requested  more detail on the Law "On Amendments and Addenda to Legislative Acts of the Republic 
of Kazakhstan on Intellectual Property", more speci fically on its provisions addressing the protection 
of pre-existing works and sound recordings. 
338. The representative of Kazakhstan replied that  the Law "On Amendments and Addenda to 
Legislative Acts of the Republic of Kazakhstan on Intellectual Property" of 9 July 2004 had 
introduced retroactive protection procedures and ot her amendments to the Law "On Copyright and 
Related Rights" and, specifically, amendments pertaining to the protection of pre-exiting works 
339. A member of the Working Party urged the Government of Kazakhstan to increase the 
penalties for copyright piracy and impose penalties that were sufficient to act as an effective deterrent 
to potential pirates and counterfeiters.  In response,  the representative of Kazakhstan said that, in her 
view, existing penalties were sufficiently strict.  However, her Government had adopted the Law "On 
Amendments and Addenda to Legislative Acts of the Republic of Kazakhstan on Intellectual 
Property" of 22 November 2005 which provided for the enforcement of measures against the 
infringement of intellectual property rights and the il legal use of copyright.  Overall, 11 legislative 
acts had been amended, including the Criminal Code  (Article 184-1) and the Administrative Offences 
Code (Articles 128, 129 and 145).  Pursuant to these amendments, the categories "selection 
achievements" and "integrated circuit layouts" ha d been introduced in Kazakh legislation; certain WT/ACC/SPEC/KAZ/9/Rev.2 
Page 116  
 
  types of infringement – namely, illegal acquisition, st orage or hauling of counterfeit copies of works 
and phonograms – had been defined;  applicable penalties had roughl y doubled, the maximum penalty 
being five years of imprisonment; measures agains t recurring offences had been introduced; and the 
seizure of equipment used for the producti on of counterfeit products had been foreseen. 
- Trademarks, including service marks 
340. The representative of Kazakhstan said that with  the adoption of the Law "On Trade Marks, 
Service Marks and Appellations of Origin" (Tra demark Law) of 26 July  1999, Kazakhstan had 
ensured that all requirements of Articles 15-24 of the TRIPS Agreement had been taken into account.  
Other relevant legislation included the "Rules for Filing and Submission of Application for 
Registration of a Trademark" and the "Rules for Processing of Application for Registration of a Trademark" of 8 October 1996; and Decree No. 133 adopting "The Instruction on Recognition of 
Trademark (Service Mark) as Well-Known" of  15 August 2002.  In addition, the Law 
"On Amendments and Addenda to Legislative Acts of the Repub lic of Kazakhstan on Intellectual 
Property" had been adopted on 9 July 2004.  This Law had introduced changes to the Law "On Trade 
Marks, Service Marks and Appellations of Origin".   She also noted that the terms of the Paris 
Convention, specifically Articles 6 bis and 10 bis, were directly applicable pursuant to Article 4 of the 
Constitution. 
341. She added that the Trademark Law accorded tr ademark protection to all pictorial, verbal, 
letter, digital, volumetric and other designations or their combinations that allowed to distinguish the 
goods and services of one manufacturer from those of another.  Names could not be registered if 
identical, or confusingly similar to those alread y protected, and when they had become generally 
accepted symbols.  Pursuant to Article 6 paragraph 3(1), signs that were false or could mislead the 
public about the product or its manufacturer – includ ing geographical indications that could mislead 
the public about the product's place of produc tion – could not be registered.  All well-known 
trademarks (goods and services) were protected without any restrictions.  She held the view that these 
provisions were in compliance with Article 16 of the TRIPS Agreement.   
342. Protection of trademarks was provided on the basis of registration and issuance of a 
trademark certificate by the Committee for Intell ectual Property Rights and was available to all 
owners of well-known trademarks, re gardless of whether or not their trademark rights were registered 
in Kazakhstan.  The registration of a trademark coul d be contested and deemed invalid, in full or in 
part, and owners of a well-known trademark could petition in Kazakh courts to recognize their mark 
as well-known and to prevent its continued unauthorized  use.  The owner bore the burden of proof to 
establish that the trademark was "well known" and wa s required to demonstrate this on the basis of  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 117 
 
 
  public-opinion poll (survey) results.  Besides surv ey results, the authorities could also consider 
information on the extent of use of the trademark in Kazakhstan, the methods of its use, the sales 
volume and the marketing outlets; information abou t the average annual number of consumers, the 
cost of the trademark, the extent of advertising of  the trademark, and the extent of initial or acquired 
distinctiveness of the trademark; and information ab out the trademark's use or a similar trademark by 
third parties, about the number of licenses, and about the trademark's registration abroad.  
343. The validity of a trademark was ten years with a possibility of extension for another ten years.  
Any person could file for a cancellation of a tradem ark to the Appellate Council of the Committee for 
Intellectual Property Rights after five years of non-use.  However, tradem ark owners could submit 
evidence to demonstrate that non-use had occurred du e to circumstances beyond their control.    
344. Asked whether a trademark could be assigned w ith or without the goodwill of a company, the 
representative of Kazakhstan replied that assigning trademark rights entailed transferring of the 
trademark itself, when used with certain products or  services, as well as transferring of the trademark's 
business reputation that had been gained through its use.  Pursuant to the Trademark Law, the owner 
of a registered trademark (licensor) could assign the exclusive right to use a registered trademark to 
another party (licensee) – i.e. a complete transf er of all rights on this intellectual property.  
The trademark was assigned along with the goodwill.  For licensing rights and exclusive rights to a 
trademark, the written Agreement had to contain provisions stipulating that the quality of goods 
associated with the licensee's use of the trademark must not be inferior to that of the licensor's, as well 
as provisions providing for the licensor's right to supervise compliance with the terms of 
the Agreement.  Licensing and assignment Agreemen ts had to be registered with the Committee for 
Intellectual Property Rights.  Asked about any possi ble negative effects of the registration procedure 
for such Agreements, she clarified that official  registration of Agreements with the Committee 
implied that the rights of a person, to whom the ex clusive rights for industrial property were assigned, 
must not be infringed in any way – in the event that  the other party requested to make further changes 
to the Agreement – and that such changes could only be made by court decision.  In her view, the 
provisions of the Trademark Law met the requirements of Article 6 quater  of the Paris Convention. 
345. A member of the Working Party questioned the value of the mandatory licence recording, in 
particular as it could affect the rights of legitimat e trademark owners.  In response, the representative 
of Kazakhstan said that the mandatory licence record ing procedure protected the rights of intellectual 
property owners and, as such, was in compliance with Article 21 of the TRIPS Agreement.  WT/ACC/SPEC/KAZ/9/Rev.2 
Page 118  
 
  - Geographical indications, including appellations of origin 
346. The representative of Kazakhstan said that, accord ing to the Law "On Trade Marks, Service 
Marks and Appellations of Origin" (Trademark La w), the term "appellation of origin" was analogous 
to the term "geographical indication" as used in  the TRIPS Agreement.  Appellations of origin 
(geographical indications) could be registered if  they denominated a product with specific qualities 
which were mainly or exclusively associated with  its place of origin (inc luding natural conditions 
and/or human factors).  Only appellations of or igin (geographical indications) associated with a 
particular product could be registered.  The regi stration certificate entitled the owner to the right to 
use the appellation of origin for the goods listed in the certificate.  Registration of appellations of 
origin (geographical indications) was prohibited wh en it could mislead consumers about the place of 
origin, or when registration could infringe upon the rights of third parties.  Appellations of origin 
which were false, identical, confusingly similar, or  clearly misled consumers about the product's place 
of origin, were not protected.  She added that th e Trademark Law provided for the protection of wines 
and spirits as required under Articles 22 and 23 of the TRIPS Agreement.  Asked whether 
geographical indications were protected against unfai r competition, she referred to Articles 5 and 6 of 
the Law "On Unfair Competition".    
347. Applications for protection of appellations of or igin (geographical indications) were filed with 
the Committee for Intellectual Property Rights and in cluded (i) a single name indicating the place of 
origin of a good; (ii) the name and address of the applicant(s); (iii) the good's designation; and 
(iv) the type of product for which appellation of origin registration was sought, including its place of 
manufacture and/or natural occurrence and a description of the specific properties of the good.  In addition to the above, applica tions by foreigners had to be submitted through a patent attorney 
along with a document confirming the authority of the patent attorney to act on behalf of the 
applicant.  National applicants had to provide a st atement from the relevant local administrative body 
certifying that the applicant resided on its territory  and that the quality of goods originating therein 
was associated with the natural conditions and/or huma n factors of that particular geographical area.  
Similarly, foreign applicants had to accompany th eir applications by a document attesting to the 
applicant's right to use the appellation of origin (g eographical indication) in their country of origin 
(Article 29, paragraph 3(3) of  the Trademark Law).  In this regard, Kazakhstan would accept 
certification mark registration, or other evidence of use and control of the term, as long as it 
demonstrated that the appellation of origin (geograp hical indication) was protected in the country of 
origin.    WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 119 
 
 
  348. A member of the Working Party asked Kazakhsta n to clarify whether, in order to have a 
geographical indication protected, it must be register ed in Kazakhstan.  This member of the Working 
Party noted that such a provision would be in c onflict with Article 22.2 of the TRIPS Agreement, 
which set an obligation for Members to provide  legal protection regardless of registration. 
349. The representative of Kazakhstan replied that Article 37 (2) of the Trademark Law prohibited 
the use of unregistered appellations of origin (geographical indications ) that were identical or similar 
to registered ones, where such u se would result in confusion.  Lega l protection of appellations of 
origin (geographical indications) in Kazakhstan was provided through registration, along with the 
corresponding certificate. 
350. A member of the Working Party was concerne d that Kazakhstan would not be providing 
national treatment to the nationals of WTO Memb ers and would also be denying most-favoured 
nation treatment to at least some of those Members if a bilateral Agreement was required in order to 
obtain protection for foreign geographical indications.    
351. The representative of Kazakhstan replied that, pursuant to Article 48 of the Trademark Law, 
foreign natural and juridical persons had the same rights and obligations as Kazakhs nationals, unless 
otherwise provided in Kazakhstan's le gislation.  In particular, foreigners could apply directly for 
protection of appellations of origin (geographical indications) in Kazakhstan without the need for a 
bilateral Agreement or government intervention.   
352. Asked whether earlier protected trademarks woul d be protected from confusingly similar and 
later in time geographical indications, she sa id that Kazakhstan was developing a draft Law 
"On Amendments and Additions to  Certain Legislative Acts of the Republic of Kazakhstan on 
Intellectual Property" which would amend Article 39. 3 of the Trademark Law.  According to the new 
amendments, the registration of an appellation of or igin (geographical indication) could be contested 
and invalidated if it could mislead consumers as to the true identity of the good or its manufacturer 
due to the existence of an earlier in time trad emark which had become well-known in Kazakhstan due 
to its active use. 
- Industrial designs 
353. The representative of Kazakhstan said that the rights of industrial designs were regulated by 
the Patent Law and certified only by patents, provided that the applied industrial design met 
patentability requirements, such as novelty, originalit y, and industrial application.  The "industrial 
applicability" criterion – i.e. the possibility to i ndustrially reproduce the industrial design – was the WT/ACC/SPEC/KAZ/9/Rev.2 
Page 120  
 
  main criterion for an industrial design.  Industrial, hydraulic engineering and other stationary 
constructions were not recognized as industrial d esigns because they did not meet the "industrial 
applicability" criterion.  However, these construc tions qualified for copyright protection.  Artistic-
design solutions that determined the exterior of a product, as well as textile goo ds, were considered to 
be industrial designs (Article 8 of the Patent Law).  
354. She added that an industrial design patent was valid  for ten years of the date of application.  
Industrial design patents could be ex tended upon request of the owner for a period of up to five years.  
The owner of an industrial design patent had the excl usive right to its use.  A person other than the 
patent owner could use the protected industrial d esign only by permission of the patent owner and 
under a licence Agreement subject to compulsory registration with the Committee for Intellectual 
Property Rights. 
- Patents 
355. The representative of Kazakhstan stated that, in her view, the Patent Law (as amended by the 
Law "On Amendments and A ddenda to Legislative Acts of the Re public of Kazakhstan on Intellectual 
Property" of 2 March 2007) met all the provision s of Articles 25-34 of the TRIPS Agreement.  
The Law covered inventions, industrial designs and utility models and stipulat ed an expanded list of 
ways for protecting the rights of patent owners.  An invention was granted legal protection if it was 
new, involved an inventive step and was industrially applicable.  Article 6, paragraph 2 of this Law 
provided an exhaustive list of subject matter that could be patented as an invention – including a 
device, process, substance, micro-organism strain or culture of plant or animal cells, as well as the use 
of a known device, process, substance or strain for a new purpose.  Diagnostic, therapeutic and 
surgical methods could also be protected as inven tions under the Article 6 criteria.  The Patent Law 
did not recognize as inventions (i) discoveries; (ii)  scientific theories; (iii) mathematical methods; 
(iv) methods of economic organiza tion and management; (v) symbols, schedules, and rules; (vi) rules 
and methods for mental activities; (vii) algorithms per se  and computer programs; (viii) projects and 
plans of buildings and structures, and land developm ent; (ix) proposals concerning solely the outward 
appearance of manufactured goods; and (x) proposals that were contrary to the public interest, 
humanitarian principles and morality.  Article 11, paragraph 2 of the Patent Law stipulated the 
requirement that a patented invention be used – "use" was defined as manufacturing, application, 
importation, offer for sale, sale, as well as othe r means of putting the industrial property into 
circulation, including storage in view of subsequent  use.  The provisions of the Patent Law applied 
equally to both foreign and Kazakh natural an d juridical persons, in accordance with signed 
international Agreements or in accordance with the reciprocity principle.       WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 121 
 
 
  356. The degree of protection provided by an innovati on patent was functionally equivalent to that 
provided by a full patent.  The principal difference concerned the procedure for issuing the patent and 
the validity period.  Innovation patents could be i ssued after an examination of the application for 
industrial applicability and local novelty of an inventi on, and were valid for a period of three years.  
Full patents were issued after conducting a substa ntive examination of the patent application, 
provided that the full patent application was filed within three years of filing an innovation patent 
application with the Committee for Intellectual Property Rights.  The substantive examination 
included verification of the patentability condition s of the innovation (novelty, originality and 
industrial application).  The full patent was valid for a period of twenty years.  If, however, the innovation patent holder did not submit an application for an extension of the patent or for conducting 
a full expertise within the prescribed period, the in novation patent was cancelled as of the date of its 
expiration (i.e. three years from the date of applicati on).  The validity of an in novation patent could be 
extended upon the request of the patent holder for up to two years.   
357. The representative of Kazakhstan added that ri ghts to utility models were granted patent 
protection if utility models met the patentabilit y requirements, including novelty and industrial 
applicability.  Utility model patents were granted for a period of five years, subject to subsequent 
renewal at the request of the patent owner for a pe riod not exceeding three years.  Exclusive rights to 
use protected utility models and cover infringements we re identical with the rights and infringements 
determined for protected inve ntions and industrial designs. 
358. A member of the Working Party noted that Kazakhstan excluded the patentability of 
"proposals that were contrary to the public inte rest, humanitarian principles and morality".  This 
member of the Working Party was concerned that this language was broade r than the permissible 
exceptions provided in Article 27(2) of the TRIPS Agreement.   This member of the Working Party also expressed concerns regarding the exclus ion from patentability of "methods of economic 
organization" and "computer programs".  
359. The representative of Kazakhstan replied that, in  her view, the exclusion from patentability of 
patents for "proposals that were contrary to the public interest, humanitarian principles and morality" 
met the requirements of Article 27(2) of the TRIPS Ag reement.  This Article stipulated broad criteria 
for exclusion from patentability of innovations, such as ordre  public  or morality, including but not 
limiting these criteria to the protection of human, animal or plant life or health or to the avoidance of 
serious prejudice to the environment.  As for the exclusion from patentability of "methods of 
economic organization", she said that, according to pa ragraph 2 of Article 6, only technical solutions 
were protected as inventions.  Methods of economic  organization were not recognized as inventions WT/ACC/SPEC/KAZ/9/Rev.2 
Page 122  
 
  because of their non-technical nature.  As for comput er programs, she noted that these were subject to 
copyright protection.  
360. A member of the Working Party asked Kazakhs tan to provide detail on how the compulsory 
licensing provisions of the Patent Law complied w ith the requirements of Article 31(a)-(l) of the 
TRIPS Agreement.  In reply, the representative of Kazakhstan said that pursuant to Article 11, 
paragraph 1 of the Patent Law, the patent holder had the exclusive right for the use of protected 
industrial property.  The unauthorized use of a protected invention was deemed as infringing the 
exclusive rights of the patent owner.  Protected i nventions could only be used by obtaining the patent 
holder's authorisation under a licensing Agreement,  subject to compulsory registration with the 
Committee for Intellectual Property Rights.  Pursuant to Article 11(4) of the Patent Law, any person 
could appeal in court for a compulsory non-exclusive licence if, prior to the claim, efforts to obtain 
authorization from the right holder on reasonabl e commercial terms, and over a reasonable time 
period, had failed.  An interested party could also file an application reques ting a compulsory licence 
if uninterrupted non-use had occurred for a period of  four consecutive years, provided that evidence 
of non-use was supplied.  The court would issue a compulsory licence – specifying the term and scope 
of use, as well as terms, amount and conditions of payment – unless the patent owner could prove that 
non-use had been due to valid reasons.  The compul sory licence would be non-exclusive, while the 
amount of payment could not be lower than the market  price of the licence.  Pursuant to Article 12 of 
the Patent Law, the following were not considered to  constitute a violation of the exclusive right of a 
patent holder:  (i) application of a patent in fore ign transportation vehicles, which were present on the 
territory of Kazakhstan temporarily (or by accident), provided the patent was used for the needs of the 
vehicles; (ii) research or experime ntation conducted on an object cont aining a patent; (iii) application 
of a patent in emergency situations (natural and other disasters, major accidents) with immediate notification of the patent holder and subsequent pa yment of corresponding compensation to the patent 
holder; (iv) application of a patent for persona l needs without a commercial purpose; and (v) a one-
time preparation of prescription medicine.  The aforementioned provisions met, in her view, the requirements of Article 31 (a)-(k) of the TRIPS Agreem ent.  As for the requirements of Article 31(1) 
of the TRIPS Agreement, pursuant to Article 11(5) of  the Patent Law, the patent holder could file an 
application requesting a compulsory licence if the exploitation of his/her patent was not possible 
without infringing another title of protection, and e fforts to obtain authorization from the right holder 
of this title of protection had failed.  The courts would issue a compulsory licence specifying the term and scope of its use, as well as the terms, amounts and conditions of payment.  The payment could not 
be less than the market price of the licence.  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 123 
 
 
  361. With regard to the reversal of the burden of proof in civil proceedings concerning the 
infringement of process patents, she said that the re quirements of Article 34 of the TRIPS Agreement 
were not covered by the Patent Law, but were contained in Article 65 of the Civil Code, which 
stipulated that each party was responsible for pr oviding proof for its own claims and statements.  
Other parties involved in the process could also provide evidence.   
- Plant variety protection 
362. The representative of Kazakhstan said that new kinds  of plants and animals were protected in 
accordance with the Law "On Protection of Selecti on Achievements" of 13 July 1999.  This Law was 
awarded a positive legal opinion by the Internationa l Union for the Protection of New Plant Varieties 
(UPOV) for its conformity with the Internati onal Convention for the Protection of New Plant 
Varieties (adopted in Paris on 2 December 1961 a nd revised in 1972, 1978 and 1991).  She held the 
view that with the adoption of this Law, Kazakhs tan had met the requirement of Article 27(3)(b) of 
the TRIPS Agreement, namely that WTO Members w ould provide for the protection of plant varieties 
either by patents, an effective sui generis  system, or a combination thereof. 
- Layout designs of integrated circuits 
363. The representative of Kazakhstan said that legal protection of layout designs of integrated 
microcircuits was provided by Law No. 217 "On Le gal Protection of Layout Design of Integrated 
Microcircuits" of 29 June 2001, and was implemen ted through Articles 1013-1016 of the Civil Code 
(Special Part) which, in her view, reflected the pr ovisions of Articles 35-38 of the TRIPS Agreement.   
- Requirements on undisclosed information,  including trade secrets and test data 
364. A member of the Working Party enquired how Kazakhstan's legal framework met the 
requirements of Article 39(3) of the TRIPS Agreement,  noting that, in this member's view, to protect 
undisclosed data against unfair commercial use, govern ments needed to provide an effective period of 
time where the original person was given a period of exclusivity during which a third party (i.e. a 
second applicant) could not utilize the innovator' s data for seeking marketing approval.   
365. The representative of Kazakhstan relied that Ka zakhstan was in the process of elaborating a 
draft law which would introduce a norm providing th e applicant (innovator) a period of exclusivity 
that would guarantee that no third party would be  permitted to rely upon the applicant's data for a 
period of time during which it would be appropriate under the circumst ances to prevent unfair use.  
She added that, pursuant to Article 126 of the Civil Code, the civil legislation ensured the protection 
of information of real (actual) or commercial value, provided that this information was unknown to WT/ACC/SPEC/KAZ/9/Rev.2 
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  third parties, its confidentiality was strictly preserved, and it was not accessible on legal grounds.  
In particular, the Civil Code protected the conf identiality of data and other information submitted 
during the approval, sale and marketing of chem ical, pharmaceutical or agricultural products. 
366. She further added that a person accessing restrict ed information deliberately, or because of 
negligence, could be liable for acts constituting unf air competition pursuant to Article 158 of the Law 
"On Administrative Violations" and Article 184 of th e Criminal Code.  Moreover, Article 200 of the 
Criminal Code prohibited collection of information that constituted a commercial or banking secret by 
persons who had access to such information in their work capacity, including disclosure or use of such 
information for financial or other personal interest  without the consent of the owner.  Employees of 
ministries and other state agencies that disclosed protected information were held administratively 
responsible, together with their employers.  Such disclosure was punishable by imprisonment of up to 
three years, payment of fines, arrest, or correctional labour. 
367. Asked to clarify how a person in control of restricted information could enforce his/her rights, 
she said that the civil legislation provided a number of judicial means, including the possibility to file a complaint with the court having jurisdiction over the alleged rights violation.  The court could order 
reimbursement of damages and all costs incurred by the claimant.  
368. Asked whether the draft Law "On Commercial Secrets" had been adopted, the representative 
of Kazakhstan replied that this dr aft had been withdrawn from Parlia ment and that no re-consideration 
was planned. 
- MEASURES TO CONTROL ABUSE OF INTELLECTUAL PROPERTY RIGHTS 
[to be completed] 
- ENFORCEMENT 
- Civil judicial procedures and remedies 369. The representative of Kazakhstan noted that the Civil Code, the Criminal Code, Article 33 of 
the Patent Law, and Article 42 of the Law "O n Trademarks, Service Marks and Geographical 
Indications" (Trademark Law) ensured that no di scrimination existed betw een domestic and foreign 
parties in disputes concerning intellectual prope rty rights.  Foreign and domestic holders of 
intellectual property rights had the right to settle  disputes in court related to (i) authorship; 
(ii) the legality of granting a title of protection;  (iii) infringements of exclusive rights and other 
economic rights; (iv) identification of the patent owner; (v) the granting of a compulsory licence;  WT/ACC/SPEC/KAZ/9/Rev.2 
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  (vi) conclusion and execution of licence contracts; (vii) compensation and damages for infringement 
of exclusive rights; and (viii) other disputes arising from the title of protection.  She added that right 
holders had the right to seek protection of their ri ghts from local authorities or administration, which 
did not prevent them from filing an application in court.   
370. She noted that, pursuant to Article 66, paragr aph 4 of the Civil Procedure Code, the court 
could assist the parties to a dispute in obtaining  necessary evidence when ev idence relevant to the 
substantiation of one party's claims was in the cont rol of the opposing party.  If necessary, the court 
could provide the requesting party with an offici al letter of request for obtaining the evidence.  
In addition, Article 74, paragraph 1 of the Civil Pr ocedure Code, stipulated that a party could request 
a "securing of evidence" when in doubt about the av ailability of necessary evidence at a later point in 
time.   
371. In accordance with Kazakhstan's legislation, th e court had the authority to recover from the 
infringer damages that had been incurred by the ri ght holder.  In particular, Article 44 of the 
Trademark Law stipulated that a person illegally usin g a trademark or a geographical indication had to 
discontinue such use and provide compensation for th e losses incurred by the right holders.  Pursuant 
to Article 49 of the Law "On Copyright and Rela ted Rights", the court could oblige a copyright 
infringer to compensate the claimant for losses in curred due to copyright infringement, either 
(i) by transferring the amount of lost profit from the infringer to the claimant; or (ii) by obliging the infringer to pay compensation in the amount of 20 to 50,000 minimum wages (500 to 50,000 minimum wages for infringement of software or da tabase copyright), which was independent of the 
amount of actual damages incurred.  Articles 9 and 917 of the Civil Code stipulated that a person 
whose rights had been infringed could demand complete recovery of losses, unless otherwise provided by law or contract.  The compensation lia bility could be imposed on the party which was not 
the infringer; higher compensation amounts could also be set.  Moreover, in accordance with 
Article 111 of the Civil Procedure Code, the cour t could order the infringer to compensate the 
successful party for attorney's fees, however the sum could not exceed 10 per cent of the amount of the claim.  The infringer had to provide complete recovery for damages caused by his/her act or omission to the property or non-property rights and goods of natural and juridical persons.  Asked 
specifically about the authority of the courts to orde r recovery of profits pursuant to Article 45(2) of 
the TRIPS Agreement, she referred to Article 9, paragraph 4 of the Civil Code and Article 111, 
paragraph 1 of the Civil Procedure Code.  
372. Asked to provide information on Kazakhstan's co mpliance with the provisions of Article 46 
of the TRIPS Agreement, she said that Article 49 of the Law "On Copyright and Related Rights" WT/ACC/SPEC/KAZ/9/Rev.2 
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  stipulated that a judge could order the seizure a nd withdrawal of all copies of suspected counterfeit 
works and phonograms, as well as all materials and equipment used in their production or 
reproduction.  Counterfeit copies of works or phonogr ams could be transferred to the right holders 
upon their request, or be destroyed by a decision of th e court.  Specifically regarding the disposal of 
materials and implements predominantly used to  create the infringing good, she said that it was 
imperative for the court to decide how to dispose of "real evidence" (Article 121, part 3 of the 
Criminal Procedure Code, and Decree of the S upreme Court No. 19 "On Judicial Sentence" of 
15 August 2002).  Thus, the court could order the destruction or confiscation of materials and 
equipment used for their reproduction.  The dispo sal of counterfeit goods outside the channels of 
commerce was foreseen in Article 145 of the Code of Administrative Violations, which had been in 
force since 1 January 2008.  Article 129 of the Code  of Administrative Violations also provided for 
the expropriation of pirated copies of works and phonograms.  Pursuant to Article 44(2) of the 
Trademark Law, a person illegally using a trademark or appellation of origin, or using a confusingly 
similar designation, had to remove the manufactured  images from the product, its packaging, blank 
forms and all other documentation.  If doing so was impossible, the goods were destroyed (liquidated) 
in accordance with the relevant legal procedures (e.g . Article 220 of the Customs Code).  Article 15 of 
the Patent Law stipulated that a patent holder ha d the right to demand cessation of the violation of the 
title of protection and to seize the infringing products as well as the means used for the violation of 
the title of protection.   
373. Some members of the Working Party enquired whether any training, had been provided to 
judges to enable them to consider disputes invol ving intellectual property rights.  The representative 
of Kazakhstan replied that judges took active part  in discussions on intellectual property rights 
protection (workshops, conferences, roundtables).  For instance, in July 2005, the Committee for 
Intellectual Property Rights, in collaboration with the World Intellectual Property Rights Organisation 
(WIPO), the Coalition for Intellectual Property Ri ghts (CIPR) and the World Customs Organization 
(WCO), as well as with the support of the US Patent Office, held a workshop on enforcement 
practices in the sphere of intellectual property for judges of the Supreme Court and oblast courts. 
- Provisional measures 
374. The representative of Kazakhstan said that ju dges and administrative authorities had the 
authority to grant provisional measures if any dela y was likely to cause irreparable harm to the right 
holder, or if a demonstrable risk of evidence bei ng destroyed existed.  She noted that the Trademark 
Law and the Patent Law did not reference provisional remedies, but pointed to Chapter 15 of the Civil 
Procedure Code which provided for the imposition of such measures.  According to Article 159 of this  WT/ACC/SPEC/KAZ/9/Rev.2 
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  Code, judges – at the request of the claimant, or at their own initiative – had the power to (i) seize the 
defendant's property; (ii) prohibit a defendant fro m taking certain actions, such as the sale of goods 
bearing a trademark belonging to the claimant; (iii)  prohibit other persons from transferring property 
or performing certain actions in respect to the de fendant; (iv) suspend the sale of property in cases 
where a claim was filed to cancel the seizure of prope rty; (v) suspend a contested legal act issued by a 
government body, organization, or an official; a nd (vi) suspend a penalty imposed by an executive 
document, contested by the debtor in court.  The court could order any of the above measures without 
prior notice to the defendant.  The court could al so apply other provisional measures for the purposes 
of Article 158 of the Civil Procedure Code, whic h foresaw the adoption of  such measures in cases 
where, in their absence, the court would not be able  to issue a ruling or its work would be hindered.. 
- Administrative procedures and remedies 
375. The representative of Kazakhstan stated that , pursuant to Articles 128, 129 and 145 of the 
Code of Administrative Violations, certain actions were considered as an infringement of intellectual property rights and entailed administrative respons ibility.  These included (i) non-criminal but illegal 
use of an invention, industrial design, utility m odel, selective achievement, or microcircuit layout 
design prior to its official publication, as well as misappropriation of authorship or coercion into joint 
authorship; (ii) non-criminal but illegal use of co pyright or related rights, as well as the purchase, 
storage, hauling or production of counterfeit c opies of artistic works and/or phonograms for the 
purpose of sale, misappropriation or coercion into joint authorship; and (iii) non-criminal but illegal 
use of a trademark, service mark, appellation of origin or similar designations for goods (services), as well as illegal use of a firm name. 
376. She noted that such infringements were review ed by the authorised body.  Petitions were 
permitted during meetings, pe rsons participating in the review were given a hearing, and evidence 
was examined.  After consideration of the case, the authorised body terminated the proceedings or 
imposed administrative sanctions. 
377. For Article 128 violations, fines for natural pe rsons were set at 20-50 Monthly Calculation 
Indices (MCI), for officials at 50-100 MCI, and for juridical persons at 300-400 MCI.  For repeated violations under this Article, the corresponding  fines were set at 50-100 MCI, 100-200 MCI and 
400-700 MCI respectively.  As for Article 129 viol ations, fines for natural persons were set at 
5-10 MCI, for officials at 10-20 MCI and for juridical persons at 50-100 MCI – with a corresponding confiscation of copies of works and phonograms as well as the equipment used for their production.  
For repeated violations under this Article, the co rresponding fines were set at 10-20 MCI, 20-50 MCI, 
and 100-200 MCI respectively – with a corresp onding confiscation of copies of works and WT/ACC/SPEC/KAZ/9/Rev.2 
Page 128  
 
  phonograms and the equipment used for their production.  Finally, in the case of Article 145 
violations, fines for natural persons were set at  10-30 MCI, for officials at 30-50 MCI, and for 
juridical persons at 50-100 MCI (confiscation of the infringing goods was also envisaged).  For 
repeated violations under this Article, the corr esponding fines were set at 30-50 MCI, 50-100 MCI 
and 100-200 MCI respectively.  Any interested part y could challenge the decision of the authorised 
body with a higher authority. 
378. Asked about the administrative actions available to owners of intellectual property rights for 
the enforcement of their rights, the agencies r esponsible for such actions, as well as about the 
channels available to foreign parties to invoke such  actions, she replied that the applicant (foreign or 
domestic) had the right to raise objections to the Board of Appeal of the Committee on Intellectual 
Property Rights (Articles 22, 23, and 29 of the Pa tent Law and Articles 12, 23, 31 and 44 of the 
Trademark Law).  If the applicant remained dissatisfi ed with the decision of the Board of Appeal, the 
applicant had the right to further appeal that decision in court.  She further noted that while violations 
were considered by the courts, violations concerni ng the rights to objects of industrial property, other 
than those considered in the Administrative Code, were considered within the framework of the civil 
legislation.  
379. Asked to provide more information concerning the procedures followed by the administrative 
commissions in reviewing allegations of violation and about the remedies that the commissions could 
impose, she replied that, in accord ance with the national legislation, no administrative commissions 
on violation of intellectual property rights could be established in Kazakhstan.  Under the legislation, 
all disputes concerning intellectual property ri ghts could be settled only in the courts. 
- Special border measures 
380. The representative of Kazakhstan said that Articles 410-420 of the Customs Code 
(i.e. Section X) established a customs control mechanism for preventing the import and export of 
goods containing objects of intellectual property ri ghts.  The Customs Control Committee maintained 
a Registry of goods containing intellectual propert y, which was published pe riodically.  Goods were 
included in the Registry free of charge, at the request of right holders.  This guaranteed that the rights of applicants would be protected by the cust oms authorities for the duration specified in the 
application, the maximum period being two years from  the date of inclusion in the Registry (with a 
possible extension, which could not exceed the peri od of validity of the right itself).  The customs 
authorities could suspend the customs processing of goods containing intellectual property if they found that the goods violated the intellectual property rights of an applicant.    WT/ACC/SPEC/KAZ/9/Rev.2 
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  381. Asked whether the Customs Code provided fo r any measures allowing the customs bodies to 
suspend the export or transit of counterfeit goods in Kazakhstan, she said that Article 416 of the 
Customs Code allowed the customs authorities to  suspend the release of goods included in the 
Customs Registry if they discovered any signs of the goods being counterfeit.  Pursuant to 
Article 420, paragraph 2 of the Customs Code, th e customs authorities did not take enforcement 
action for goods in transit.  The procedure for k eeping the Customs Registry was approved by Order 
No. 201 of the Chairman of the Agency of Customs Control of 13 May 2003. 
382. She further noted that, when such goods were discovered, the customs authorities informed 
the right holder about the goods under investigation and provided the right holder, or his/her representative, with the opportunity to inspect samples/specimens from the goods under customs supervision at the place of temporary storage (A rticle 418 of the Customs Code and "Rules on 
Selection of Samples and Specimen of Goods" approve d by Order of the Chairman of the Agency of 
Customs Control No. 205 of 14 May 2003).  Pursuant to Article 416 of the Customs Code, the customs authorities had to provide the right holder with the name and address of the declarer, as well 
as provide the declarer with the name and address of  the right holder.  This was done within one day 
of taking a decision to suspend the release of the goods – i.e. before the matter was taken to the courts 
and before the infringement was identified by the right holder.  Pursuant to Article 417 of the 
Customs Code, the customs authorities were entitled to receive compensation to cover for expenses 
incurred in connection with the suspension of the goods (e.g. for warehouse storage).  For goods that 
proved to be counterfeit, such compensation would be provided by the declarer, and for goods that 
proved not to be counterfeit, by the applicant.  Howeve r, so far, such a situation had not occurred.  For 
goods that proved not to be counterfeit, the right holder would compensate the declarer for any damages incurred (this was a requirement for right holders wishing to include goods in the Customs 
Registry).  The exact amount of compensation could be agreed between declarer and right holder, or 
could be determined by the court.  
383. In reply to a specific question, she said that  the organizational structure of the Customs 
Control Committee was stipulated in Government Resolution No. 1133 "Issues of the Customs control 
Committee of the Ministry of Finance of the Republic of Kazakhstan"  of 29 October 2004. 
- Criminal procedures 
384. The representative of Kazakhstan said that the Criminal Code provide d for legal protection 
against infringement of intellectual property rights a nd for criminal responsibility.  The provisions of 
the Criminal Code had been strengthened with  the adoption of the Law "On Amendments and 
Addenda to Legislative Acts of the Republic  of Kazakhstan on Intellectual Property" of WT/ACC/SPEC/KAZ/9/Rev.2 
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  22 November 2005.  In particular, the new amendm ents had introduced the concepts of "selection 
achievements" and "integrated circuit layouts", and ha d also provided definitions of certain types of 
infringement – namely, illegal acquisition, storage or hauling of counterfeit copies of works and 
phonograms.     
385. Criminal sanctions for the infringement of aut hors' rights and related rights were provided in 
Article 184 of the Criminal Code.  Fines equivalent  to 100-500 MCI or equivalent to up to five times 
the monthly income of the convicted party, as we ll as 100-180 hours of public works or imprisonment 
for up to two  years were foreseen for (i) usurpation of author ship or coercion into joint authorship, if 
such action caused considerable damages; and (ii) disclosure without the consent of the 
author/applicant of an invention, utility mode l, industrial design, selective achievement or 
microcircuit layout design prior to its official publication.  In addition, fines equivalent to 
500-700 MCI or equivalent to the income received by  the convicted party for a period of five to ten 
months, as well as 180 to 240 hours of public works or imprisonment for up to six months were 
foreseen for (i) the illegal use of a copyright and related rights, as well as the purchase, storage and 
production of counterfeit copies of artistic works and/or phonograms for the purpose of sale (in 
significant quantities); and (ii) the illegal use of an invention, utility model, industrial design, selective achievement or microcircuit layout design (in significant quantities).  Repeated actions and 
premeditated group actions (in significant quantities or  likely to cause significant injury) were subject 
to imprisonment for two to five years, with or without confiscation of the property of the convicted party.  She added that criminal cases under point 1 of Article 184 (in relation to private non-property 
rights) required a complaint by the right holder.  Criminal cases under points 2 and 3 of Article 184 
(large-scale acquisition for the purpose of sale, re peated offences by organized groups, abuse of 
official position) could be opened without a complaint by the right holder because such offences were deemed to be dangerous for the society. 
386. Pursuant to Article 199 of the Criminal Code , the minimum threshold for bringing criminal 
cases involving unlawful use of a trademark, service mark, firm name, appellation of origin or other 
designations of goods (services) was a fine for rep eated violations or those resulting in large-scale 
damage (i.e. exceeding 500 MCI or approximately US$4,500).  The court could impose fines equivalent to 200-500 MCI, or to the amount of in come received by the convicted party for a period 
of two to five months; 180 to 240 hours of public  works; detention for up to six months; or 
imprisonment for up to two years.  For unlawful use of a trademark or appellation of origin not 
registered in Kazakhstan, if the action was perform ed repeatedly and resulted in large-scale damages, 
the court could impose fines equivalent to 100-200 MCI, or to the amount of income received by the  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 131 
 
 
  convicted party for up to two months; public work s for 120 to 180 hours; detention for up to three 
months; or imprisonment for up to one year. 
387. Actions were considered to cau se considerable damage if the amount of the damage, the value 
of the rights for the use of intellectual property ri ghts, or the value of the copies of the works and 
phonograms containing an invention, utility model,  industrial design, selective achievement or 
microcircuit layout design exceeded 100 MCI, as estab lished at the time of the crime.  Actions were 
considered to cause large-scale dama ge if that value exceeded 500 MCI. 
388. Concerning the seizure, forfeiture and destru ction of counterfeit goods, as well as materials 
and equipment used in their production, she pointed to Article 121 (part 3) of the Criminal Procedure 
Code and Decree of the Supreme Court No. 19 "On Judicial Sentence" of 15 August 2002 (see "Civil 
judicial procedures and remedies"). 
389. According to official statistics, in 2005, 61 legal proceedings had been instituted under 
Article 184 of the Criminal Code and 9 legal pr oceedings under Article 199.  In 2006, these numbers 
had increased to 285 and 10 respectively.  Thus , one year after the introduction of the new 
amendments to the Criminal Code, the total number of legal proceedings had stood at 321 (up from 71 
in 2005).  
390. Some members of the Working Party noted that  there was a criminal penalty for pirated 
copyright and related rights (Article 184 of the Crimin al Code), but remarked that there did not appear 
to be a criminal penalty for counterfeit trademarked goods.  They further stated that the administrative 
fine provided by the Administrative Code appeared  insufficient to serve as an effective deterrent.  
391.   The representative of Kazakhstan replied th at criminal penalties to prevent trade in 
counterfeit trademark goods were pr ovided in Article 199 of the Criminal Code (Special Part).  
The representative of Kazakhstan added that the La w "On Changes and Amendments to Legislative 
Acts of the Republic of Kazakhstan on Intellectual Property" of  22 November 2005 had reinforced the 
sanctions available against infringement and repeated  infringement of copyright and other rights, and 
provided for sanctions for administrative infringements. 
VI. POLICIES AFFECTING TRADE IN SERVICES 
392. The representative of Kazakhstan said that the services sector was one of the most dynamic 
sectors of the economy, and its role was expected to  grow in the future.  Since 1990, the share of 
services in GDP had grown steadily to reach a peak of  60 per cent in 1998, while the average level for 
the last decade had been 50 per cent; in 2007 the share stood at 54.4 per cent.  In 2006 and 2007, the WT/ACC/SPEC/KAZ/9/Rev.2 
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  balance of foreign trade in services had been nega tive, with exports amounting to US$3,552 million, 
and imports amounting to US$3,552 million in 2007.  In the sphere of trade in services, enterprises 
with foreign direct investment (FDI) accounted for more than 90 per cent of the turnover in 
construction and business services.  Among services provided by foreign suppliers were geological 
prospecting and product certification,  legal and other consulting serv ices, electronic data processing, 
engineering and technical services.  
393. Some members of the Working Party required information on the legislative base regulating 
commercial services and asked whether the gove rnment was taking measures to ensure non-
discrimination of foreign service suppliers.  The re presentative of Kazakhstan, noting the growing role 
of services in the national economy, said that th e existing legislative framework governing the 
services sector was not adequately developed a nd that her Government was actively developing 
legislation which would facilitate further liberalizatio n.  Moreover, she noted that relevant provisions, 
which would ensure the right of foreign juridical and natural persons to participate in enterprise 
activity on equal conditions with domestic suppliers of services, we re being included in domestic 
legislation. 
394. She further noted that because the statistical base  on services was also at an initial stage of 
development, her Government inte nded to apply provisional measures of state regulation of trade in 
services in order to ensure development of compe tition, based on well-balanced levels of development 
of the market of services and labour so as to pr event adverse economic and social effects on the 
national economy.  The provisional measures would be  carried out in accordance with the provisions 
of Articles III, VI, X, XII, XIV and XIV bis of the GATS and would be limited to those controls and 
restrictions necessary to achieve the desired obj ectives.  Licensing and authorization procedures 
would be undertaken in the most efficient manner, on the basis of transparent criteria for qualification 
requirements, technical standards, and licensing requirements, and will not constitute unnecessary 
barriers to trade in services. 
395. Asked about "natural monopolies" in the telecommunications sector, she replied that the 
Telecommunications Sector Development Program fo r the period 2006-2008, adopted by Government 
Resolution No. 519 of 7 June 2006, had outlined a plan for a stage-by-stage liberalization of the 
telecommunications market.  These measures were e xpected to facilitate competition, improve the 
quality and capacity of telecommunication services, and remove barriers to new entrants.  Accordingly, as of 1 January 2005, the exclus ive right of KazakhTeleCom for provision of 
international and long-distance communication services had been discontinued, and licenses for the provision of these services were now held by mo re than ten operators.  In addition, since  WT/ACC/SPEC/KAZ/9/Rev.2 
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  1 January 2006, all restrictions on the interconn ectivity between operators  had been removed and 
customers were given the technical opportunity to c hoose between operators of international and long-
distance communications.  Pursuant to amendments  to Article 4 of Law No. 272-II "On Natural 
Monopolies", the activities of natural monopolies no longer pertained to "telecommunication services 
through local networks", but instead covered (i) telecommunication services, when there was no other 
competing operator due to the fact that it might be  economically and technically infeasible to enter the 
market; and (ii) leasing and provision of access to  cable channels and technological facilities for 
connecting telecommunications networks to the unive rsal telecommunications network.  In addition, 
operator connection services (to the services of the universal telecommunication network) and telephone transit services would remain regulated a nd would only be excluded from the list of natural 
monopolies after the development of a competitive e nvironment.  She added that pursuant to Law 
No. 567 "On Communications" of 5 July 2004, (i) fixed telephone communications services (local, 
area and long-distance); (ii) services providing mass Internet access in towns with population of over 
3,000; and (iii) telegraph communication services, were defined as universal telecommunications 
services which were subject to government regula tion.  In accordance with the Law "On National 
Security", foreign participation in the capita l of companies providing long distance and/or 
international telecommunication services using fixe d communication networks (cable, optical fibre, 
radio relay) was limited to 49 per cent.  This lim itation had been introduced to protect the national 
security interests of Kazakhstan; such a limitation did not apply to operators  of mobile, satellite and 
local communications.   
396. She also pointed to a number of other liberali zation initiatives in this sector.  To avoid cross-
subsidizing and to recover the financial losses of  operators rendering universal telecommunication 
services in rural areas, her Government had be gun subsidizing these operators through the state 
budget.  In 1997-2007, 342 licenses for local co mmunication services and 386 licenses for rendering 
data transmission services had been issued.  To reso lve the "last mile" problem of access to customers, 
21 operators had received permissions to use the 5.2-5.9 gygabyte radio spectrum.   
397. Some members of the Working Party noted that  it was clear that there was no "natural" 
monopoly in the telecommunications services sector, a dding that the limited nature of Kazakhstan's 
offer in the negotiation of its services commitments  supported the contention that a state monopoly 
was being granted and preserved.  A member of the Working Party noted that, while KazakhTeleCom 
no longer had exclusive rights for the provision of international and long-distance communication, the company had participated in a tender for the ac quisition of another telecommunications company – 
effectively creating a state-owned monopoly in the telecommunication sector.   WT/ACC/SPEC/KAZ/9/Rev.2 
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  398. In response, the representative of Kazakhsta n said that only telecommunication services 
through local networks, telephone transit traffic services, and the leasing of technological property 
and communication channels were cu rrently considered as natural monopolies.  This was mainly due 
to the fact that there was no sufficient competiti on in the delivery of such services.  There were, 
however, no regulatory barriers to enter this sec tor.  Kazakhstan's commitments in the basic 
telecommunications sector and valu e-added networks were provided in  its revised offer on services.  
Regarding KazakhTeleCom, she noted that the company's actions did not contradict Kazakh anti-
monopoly law, and added that, according to her information, the company "Telecom Service" had won the tender.  In reply to a specific question,  she said that Kazakhstan would consider further 
liberalization of this sector on the basis of an an alysis of the experience of other countries, and by 
taking into account the existing technical capacity  needed for further liberalization, as well as 
Kazakhstan's national economic security interests. 
399. With respect to the Law "On Culture", the repr esentative of Kazakhstan stated that this Law 
defined national policies in the sphere of culture , regulated public relations arising from creation, 
revival, preservation, development, use, and dissemi nation of the national culture.  The Law stipulated 
a special treatment for sites of national cultural he ritage, under which all forms of negotiations with 
sites recorded in the State Register including their demolition, relocation, alte ration, reproduction, and 
restoration shall be prohibited unless authorized by th e responsible body.  All forms of exploitation of 
sites of the national cultural heritage for purposes  inconsistent with their historical, artistic, and 
religious value was also prohibited.  Sites of speci al cultural value owned by religious organizations 
could be used for religious purposes.  Cultural institu tions had priority in exer cising their rights to use 
architectural monuments.  Owners and users of nati onal cultural heritage site s were responsible for 
their maintenance and preservation.  The rights of owners of national cultura l heritage sites were 
exercised under control and following procedures de termined by legislation, while the state had a 
priority right to buy national cultural heritage s ites in cases where they should be offered for sale. 
VII. TRANSPARENCY 
- Publication of information on trade 
400. The representative of Kazakhstan said that Article  4 of the Constitution stipulated that all 
laws and international treaties signed by  Kazakhstan had to be published.   
401. Law No. 213-1 "On Regulatory Legal Acts" of  24 March 1998 provided for (i) official 
publication; and (ii) subsequent pub lication of regulatory legal acts.  Pursuant to Article 30 of this 
Law, legislative acts affecting the rights, freedom s and obligations of citizens (other than acts  WT/ACC/SPEC/KAZ/9/Rev.2 
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  containing state secrets and legall y-protected confidential informati on) were published officially in 
the Bulletin of Parliament, the Collection of Acts of the President and the Government, and in the 
Collection of Acts of the Central Executive and Other Central Executive State Bodies.  Legislative 
acts were also published officially in the peri odicals "Yegemen Kazakhsta n" and "Kazakhstanskaya 
Pravda", which obtained the publication rights as a result of a competitive process established by the 
Government.  When a wide-scale, prompt pub lication was necessary, Presidential Decrees and 
Government Resolutions were published in "Yeg emen Kazakhstan", "Kaza khstanskaya Pravda", 
"Zan" and "Yuridicheskaya Gazeta".  Subsequent publication took place in periodicals after the texts 
had undergone a compliance check with the centralized  bank of legal acts of Kazakhstan.  Legal acts 
were published in the Bulletin of Parliament (as we ll as in other periodicals in the order established by 
Article 30); Presidential and Government Resolutions were published in the Coll ection of Acts of the 
President and the Government (as well as in other periodicals in the order established by Article 30); 
and legal acts of the Central Executive and other Ce ntral Executive State Bodies were published in 
periodicals in the order established by Article 30.  The Ministry of Justice had control over the 
publication of the legal acts of central and local admi nistrative bodies.  The Justice authorities were in 
charge of their subsequent publication.  Regulat ory Decisions and Resolutions of Maslikhats and 
Akims were published in periodicals in the order dete rmined by Article 30 and were distributed within 
the respective administrative territorial entity.  The list of registered legal acts was published on a 
monthly basis at www.minjust.kz. 
402. Drafts of laws and regulatory le gal acts were submitted for review and approval to all relevant 
Ministries and Agencies (Article 15 of the Law "O n Regulatory Legal Acts" and Regulation approved 
by Government Resolution No. 190 of 1 March 2005).  As for technical regulations, the government 
body responsible for their development was in charge of notifying the removal of technical 
regulations, the introduction of new draft technical regulations (for comments), and draft amendments 
to existing ones.  Drafts of especially important le gal acts, such as the Tax Code and the Civil Code, 
could be published preliminary in the official periodicals for comments.  A specific deadline for 
providing comments on draft laws and regulations was not  stipulated in Kazakhstan's legislation.  The 
state bodies in charge of the draft determined the deadline for comments depending on the scheduled 
(planned) date of its adoption.      
403. Pursuant to Article 30 of the Customs Code, customs-related legal doc uments were published 
in periodicals, in the order established by the Law "On Regulatory Legal Acts".  The Customs Control 
Committee provided information on relevant customs -related legislation, administrative decisions, 
explanatory notes and foreign trade statistics on its website, www.customs.kz, as well as in the 
periodicals "Official Gazette", "Zan", "Keden" and "Customs Bulletin".  Drafts of technical WT/ACC/SPEC/KAZ/9/Rev.2 
Page 136  
 
  regulations, standards, conformity assessment procedures, international Agreements on 
standardization, conformity recognition, bilatera l and multilateral recogniti on were published in the 
official periodical of the authorized body, as well  as on its website.  Pursuant to Article 18 of the 
Customs Code, the authorized body was entitled to invol ve all interested parties, including traders, in 
the developments of customs-related legislation (e.g. the development of the Customs Code).  
She added that, in accordance with Article 32 of th e Customs Code, customs officials were legally 
accountable for providing accurate information. 
404. The representative of Kazakhstan said that  Kazakhstan was considering making the 
commitments contained in the following two paragraphs. 
405. [The representative of Kazakhstan confirme d that Kazakhstan would undertake after 
accession to the WTO to provide the obligatory and pr ompt publication of laws, rules, judgments and 
administrative orders of general nature concerni ng the questions of trade and the Agreements on 
international trade policy, pursuant to Article X of GATT 1994.  She also confirmed that Kazakhstan 
would undertake to observe policy transparency require ments in the area of trade in services, pursuant 
to Article III of GATS.] 
406. [The representative of Kazakhstan confirme d that in sectors in which Kazakhstan had 
undertaken specific commitments it would ensure wh ere practicable, that (a) draft regulations of 
general application that it proposed to adopt we re published in advance; (b) an opportunity to 
comment on such proposed regulations was provided to interested persons and other Members; and 
(c) reasonable time between publication of the fina l regulation and its effective date was allowed.] 
- Notifications 
407. [The representative of Kazakhstan confirme d that Kazakhstan would undertake after the 
accession to the WTO to submit initial notifications  in accordance with the WTO Agreements which 
provided for the obligation of WTO members to s ubmit such notifications.  Rules which could be 
subsequently enacted by Kazakhstan and which w ould affect the laws enacted with a view to 
implement the provisions of WTO Agreemen ts would correspond to said Agreements]. 
VIII. TRADE AGREEMENTS 
408. The representative of Kazakhstan noted that Kaza khstan had established a number of bilateral 
and multilateral Agreements with other CIS countri es.  Kazakhstan had bilateral trade Agreements 
with all CIS countries with the exception of Turkmeni stan (Azerbaijan, Armenia, Belarus, Georgia, 
Kyrgyzstan, Moldova, the Russian Federation, Tajik istan, Uzbekistan, and Ukraine).  Under these  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 137 
 
 
  bilateral free trade Agreements, mu tual trade in goods originating from these countries and imported 
to, or exported from, Kazakhstan were exempted from customs duties, except for a number of goods 
listed in the Schedule of Exemptions , which were subject to normal customs duties, taxes and charges.  
The goods listed in the Schedule included ethyl alcohol (HS  items 2207 10 000, 2207 20 000, 2208 90 
910), vodka (2208 60), cigars, cigarettes (2402) and wh ite sugar (1701 99 100).  The lists of goods 
subject to exemption from the free trade regime we re included in the Protocols on exemptions from 
free trade under the bilateral free trade Agreem ents.  In accordance with these lists, at present 
Kazakhstan applied exemptions on ethyl alcohol, vodka , cigars, cigarettes, and white sugar in trade 
with Georgia, Ukraine, Azerbaijan, Uzbekistan and Moldova.  These exceptions were being phased 
out as part of the creation of a free trade area.   
409. Belarus, the Kyrgyz Republic, the Russian Fe deration, Tajikistan a nd Kazakhstan had signed 
an Agreement on the Creation of a Customs Union and a Single Economic Area on 26 February 1999 
in an effort to create a single economic area which would be formed on the basis of a customs union.  
With the aim to form the Single Economic Area more efficiently, the regional union had been 
reorganized into the Eurasian Economic Community (EurAsEC).  The Agreement on the 
establishment of EurAsEC had been signed on 10 October 2000, and had come into force on 
30 May 2001.  EurAsEC member-states shared a fr ee trade regime which was not subject to any 
exemptions or limitations.  In particular, parti es to the Agreement did not apply import or export 
customs duties and quantitative restrictions in mutual trade.  In an effort to establish a single customs 
tariff, EurAsEC member-states had signed the Ag reement on the Single Customs Tariff in February 
2000.  Uzbekistan had joined this Agreement in Janua ry 2006.  Although bilateral trade in ethyl spirit, 
vodka and tobacco products between Uzbekistan a nd Kazakhstan would initially be excluded from the 
coverage of the free trade regime between Uzbekistan and Kazakhstan, the stage-by-stage elimination 
of these exemptions had already been planned.  On 6 October 2007, Belarus, the Russian Federation 
and Kazakhstan had established the legal framework for the creation of a customs union, with other 
EurAsEC members being able to join later.  At  present, approximately 62 per cent of the applied 
import tariffs of these three countries had been ha rmonized.  To date, 13 Agreements forming the 
legal basis of the Customs Union under the framewo rk of the EurAsEC had been signed.  Detailed 
information on Kazakhstan's trade Agre ements is contained in Annex 14. 
CONCLUSIONS 
[to be completed] 
 WT/ACC/SPEC/KAZ/9/Rev.2 
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  APPENDIX 
[DRAFT DECISION  
 
ACCESSION OF THE REPUBLIC OF KAZAKHSTAN 
 
Decision of […]  
 
 The [Ministerial Conference] [General Council], 
 
 Having regard to  paragraph 2 of Article XII and pa ragraph 1 of Article IX of the 
Marrakesh Agreement Establishing the World Trade Organization (the "WTO Agreement"), and the 
Decision-Making Procedures under Articles IX and X II of the Marrakesh Agreement Establishing the 
World Trade Organization agreed by the General Council (WT/L/93), 
 
 Taking note  of the application of the Republic of Kazakhstan (hereinafter referred to as 
"Kazakhstan") for accession to the Marrakesh Agreem ent Establishing the World Trade Organization 
dated 29 January 1996, 
 
 Noting  the results of the negotiations directed toward the establishment of the terms of 
accession of Kazakhstan to the WTO Agreement and having prepared a Draft Protocol on the Accession of Kazakhstan,  
 Decides  as follows: 
 Kazakhstan may accede to the WTO Agreement on the terms and conditions set out in the 
Draft Protocol annexed to this Decision. 
 
 
_______________ 
 
   WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 139 
 
 
  DRAFT PROTOCOL  
ON THE ACCESSION OF THE REPUBLIC OF KAZAKHSTAN 
 
Preamble  
 
 The World Trade Organization (hereinafter referr ed to as the "WTO"), pursuant to the approval 
of the General Council of the WTO accorded under Article XII of the Marrakesh Agreement Establishing the World Trade Organiza tion (hereinafter referred to as the "WTO Agreement"), and the 
Republic of Kazakhstan (hereinafter referred to as "Kazakhstan"),  
 
 Taking note
 of the Report of the Working Party on the Accession of Kazakhstan to the 
WTO Agreement reproduced in document WT/ACC/KAZ …, dated … (hereinafter referred to as the 
"Working Party Report"), 
 
 Having regard  to the results of the negotiations on the accession of Kazakhstan to the 
WTO Agreement,  
 
 Agree  as follows: 
PART I -  GENERAL 
 
1. Upon accession Kazakhstan a ccedes to the WTO Agreement pu rsuant to Article  XII of 
that Agreement and thereby becomes a Member of the WTO.  
 
2. The WTO Agreement to which the Republic  of Kazakhstan accedes shall be the 
WTO Agreement, including the Explanatory Notes to  that Agreement, as rectified, amended or 
otherwise modified by such legal in struments as may have entered into force before the date of entry 
into force of this Protocol.  This Protocol, wh ich shall include the comm itments referred to in 
paragraph [...] of the Working Party Report, sha ll be an integral part of the WTO Agreement. 
3. Except as otherwise provided for in para graph […] of the Working Party Report, those 
obligations in the Multilateral Trade Agreements annexed to the WTO Agreement that are to be implemented over a period of time starting with the entry into force of that Agreement shall be 
implemented by Kazakhstan as if it had accepted that  Agreement on the date of its entry into force. 
 
4. The Republic of Kazakhstan may maintain a measure inconsistent with paragraph 1 of Article II 
of the GATS provided that such a measure was recorded  in the list of Article II Exemptions annexed to 
this Protocol and meets the conditions of th e Annex to the GATS on Article II Exemptions. 
 WT/ACC/SPEC/KAZ/9/Rev.2 
Page 140  
 
  PART II - SCHEDULES 
 [5.] The Schedules reproduced in Annex I to this Protocol shall become the Schedule of 
Concessions and Commitm ents annexed to the General Agre ement on Tariffs and Trade 1994 
(hereinafter referred to as the "GATT 1994") and the Schedule of Specific Commitments annexed to the 
General Agreement on Trade in Services (hereinafter referred to as "GATS') relating to Kazakhstan.  The staging of the concessions and commitments lis ted in the Schedules sh all be implemented as 
specified in the relevant parts of the respective Schedules. 
 
[6.] For the purpose of the reference in paragra ph 6(a) of Article II of GATT 1994 to the date of 
that Agreement, the applicable date in respec t of the Schedule of Concessions and Commitments 
annexed to this Protocol shall be the date  of entry into force of this Protocol. 
 
PART III - FINAL PROVISIONS 
 
[7.] This Protocol shall be open for acceptance, by signature or otherwise, by Kazakhstan until …. 
 
[8.] This Protocol shall enter into force on the thirtieth day following the day upon which it shall 
have been accepted by Kazakhstan.  
 
[9.] This Protocol shall be deposited with the Di rector-General of the WTO.  The Director-General 
of the WTO shall promptly furnish a certified copy of  this Protocol and a notification of acceptance by 
Kazakhstan thereto pursuant to paragraph [8] to each Member of the WTO and to Kazakhstan.   
 
[10.] This Protocol shall be regi stered in accordance with the provi sions of Article 102 of the Charter 
of the United Nations.   
 
 Done at … this … day of … in a single copy in the English, French and Spanish languages, 
each text being authentic, except that a Schedule anne xed hereto may specify that it its authentic in only 
one of these languages. 
 
_______________ 
 
  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 141 
 
 
  ANNEX I 
 
  
SCHEDULE – THE REPUBLIC OF KAZAKHSTAN 
 
Authentic only in the … language. 
 
  
 
Part I - Goods 
 
(Circulated in document WT/ACC/KAZ[…]) 
 
 
  
Part II – Services 
 
(Circulated in document WT/ACCKAZ/[…]) 
 
 
] WT/ACC/SPEC/KAZ/9/Rev.2 
Page 142  
 
  ANNEX 1 
Laws, regulations and other information provided to the Working Party of Kazakhstan
 
Economic Policies 
- Law No. 57 "On Currency Regulation and Currency Control" of 13 June 2005; 
- Law No. 57 "On Currency Regulating and Currency Control" of 13 June 2005; 
- Law No. 237  "On Payments and Mone y Transfers" of 29 June 1998; 
- Law "Concerning Currency Regulations" of 24 December 1996; 
- Law "Concerning Currency Regulation" of  14 April 1993; 
- Resolution of the Board of the National Bank No. 134 "On Approval of Rules of Currency 
Transactions in the Republic of K azakhstan" of 29 October 2005; 
- Edict No. 2155 "Concerning the National Bank" of 30 March 1995; 
- Edict No. 2196 "On the National Bank of Kazakhstan" of 2 August 1995; 
- Edict No. 2227 "Concerning Securities and Stock Exchange" of 21 April 1995; 
- Regulations of the Board of the National Bank "Concerning the Settlements with Cheques" of 
15 November 1994 (Meeting minutes No. 22); 
- Instruction No. 127 "On Settlement, Current  and Budget Accounts Opened in the Bank 
Institutions of the Republic of Kazakhstan" of 23 June 1993 approved by the Board of the 
National Bank on 23 June 1993 (Protocol No. 16); 
- Instructions of the Board of the Nationa l Bank No. 188 "Rules for conducting currency 
transactions in the Republic of K azakhstan" of 24 November 1994; 
- Temporary regulation on clearing (submitted in September 1996); 
- Law No. 266-XIII "Concerning Foreign Investments" of 27 December 1994; 
- Law No. 373 "On Investments" of 8 January 2003; 
- Law No. 178-II "On Development Bank of  Kazakhstan" of 25 April 2001; 
- Resolution No. 1219 "On Approval of the Plan of Activities on Development of Stock Market 
and Increasing Investment Activeness of the Population on Stock Market for the year 2008" 
of 11 December 2007; 
- Resolution No. 483 "On Some Issues of republican State Ownership" of 11 June 2007; 
- Decree of the President No. 1096 "On Strategy for Industrial and Innovation Development of 
the Republic of Kazakhstan for 2003-2015" of 17 May 2003; 
- Decree No. 1815 "On Establishment of the State Export-Import Bank of the Republic of 
Kazakhstan" of 16 July 1994; 
- Edict No. 2717 "Concerning Land" of 22 December 1995;  
- Resolution No. 1587 "On the Schedule of Non-Privatisable State Property" of 
24 October 2000 (amended as of 18 December 2003); 
- Law No. 156-XIII "Concerning transport" of 21 September 1994; 
- Law No. 9-III 3RK "On Amendments and Addenda to Legislative Acts of the Republic of 
Kazakhstan on the Activity of Subjects of Natural Monopolies" of 9 December 2004; 
- Law "Concerning development of competition and restriction of monopoly activities" of 
11 July 1991; 
- Law No. 272-I "On Natural Monopolies" of 9 July 1998; 
- Law No. 232-1 "On Unfair Comp etition" of 9 June 1998; 
- Resolution No. 1171 "On price regulation for products of business entities, recognized as 
natural monopolists" of 19 October 1994; 
- Order No. 375-OD of the Acting Chairman of the Agency "On Regulation of Natural 
Monopolies and Protection of Co mpetition" of 8 September 2004; 
- Edict No. 2255 "Concerning Busin ess Partnerships" of 2 May 1995; 
- Law "Concerning the protection of the natural environment" of 18 June 1991;  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 143 
 
 
  - Resolution No. 637 "On approval of the provisions on the State ecological expertise in 
Kazakhstan" of 25 October 1991; 
- Draft Law "On Joint-Stock Companies" of 4 June 1997; and 
- Draft Law "On Limited Liability Partnerships" of 25 March 1997. 
Sub-surface use 
- Law No. 68 "On Production Sharing Agreements in  Offshore Oil Operations" of 8 July 2005; 
- Law No. 2350 "On Oil" of 28 June 1995; 
- Law No. 2828 "On Subsoil and Subs oil Use" of 27 January 1996; 
- Resolution No. 969 "On Law of the Re public of Kazakhstan 'On Production 
Sharing Agreements in Offshore Oil Op erations'" of 16 September 2004; and 
- Regulation "On Approval of Rules of purchasing of goods, services and works for oil 
operations" approved by Resolution No. 1034 of 8 December 1992. 
Framework for Making and Enforcing Policies 
- Constitution of the Republic of Kazakhstan of 5 September 1995;  
- Law No. 23-III ZRK "On International Commercia l Arbitration" of 28 December 2004; and 
- Code "Concerning Administrative Violati ons" of 22 March 1984 (as amended on 
1 April 1995). 
Taxation 
- Tax Code of 12 June 2001; 
- Tax Code Articles 3 and 4 (s ubmitted in February 1997); 
- Tax Code Section VI. Taxa tion of Subsurface Users (submitted in February 1997); 
- Law No. 11-III ZRK "On Amendments and Addenda  to Legislative Acts of the Republic of 
Kazakhstan on Taxation" of 13 December 2004; 
- Resolution No. 1075 "On Approval of the Li st of Taxpayers who Benefit from VAT 
exemptions on import of goods within the framework of Contract for Subsoil Use on the Territory of the Republic of Kazakhstan" of 11 November 2006; 
- Edict No. 2703 "Concerning the introduction of amendments to certain legislative acts and 
edicts" of 21 December 1995; 
- Edict No. 2827 "Concerning the introduction of amendments to Edict "Concerning Taxes and 
Other Compulsory Payments to the Budget"" of 26 January 1996; 
- "Concerning the introduction of addition to Edict 'Concerning Taxes and Other Obligatory 
Payments to the Budget'"; 
- Order of the Customs Committee No. 131 "Concerni ng the procedure for application of value 
added tax and excise duties to goods which ar e imported into the customs territory of 
Kazakhstan" of 29 September 1995; 
- Resolution No. 1035 "On Amendments to the Re solution of the Government of the Republic 
of Kazakhstan No. 137 of 28 January 2000  'O n excise rates on excised goods produced in the 
Republic of Kazakhstan and imported to the cust oms territory of the Republic of Kazakhstan, 
sold on the territory of the Republic of Kazakhstan; and on ga mbling industry'" of 
15 October 2005; 
- Decree No. 1439 "Concerning the rates of excise duties on certain types of excisable goods 
imported to the territory of K azakhstan" of 2 November 1995; 
- Resolution No. 960 "Concerning the rates of excise duties on imported excisable goods and 
the quotas of transfer by natural persons through the customs boundary of Kazakhstan of 
excisable goods which are not subject to excise duties" of 13 July 1995; WT/ACC/SPEC/KAZ/9/Rev.2 
Page 144  
 
  - Decree No. 1397 "Concerning the introduction of amendments and additions to Resolution 
No. 960 of 13 July 1995" of 30 October 1995; 
- Resolution No. 974 "Concerning the rates of excise duties on excisable goods manufactured 
in Kazakhstan and the gambling business" of 14 July 1995; 
- Decree No. 1487 "Concerning the introduction of amendments and additions to Resolution 
No. 974 of 14 July 1995" of 8 November 1995; 
- Resolution No. 341 "On introduction of changes and amendments to some decisions of the 
Government" of 25 March 1996; and 
- Resolution No. 608 (Appendix 1) "Excise Taxes for the Excisable Goods Imported to the 
Customs Territory of the Republic of Kazakhstan" of 26 June 1998. 
Customs Regulations 
- Customs Code of 5 April 2003; 
- Customs Code (Law No. 2368) as amended by 1 January 2001; 
- Customs Code Articles 115, 116, 1 22-133 (submitted in February 1997); 
- Customs Code Chapter 7:  Determination of  Country of Origin of Goods (submitted in 
July 2004); 
- Customs Code Chapter 12 (s ubmitted in February 1997); 
- Customs Code Chapter 23 "Temporary import of goods and means of transport" (submitted in 
May 2006); 
- Customs Code Chapter 31 (On Free Warehouse) (submitted in May 2006); 
- Customs Code Chapter 36 "Conveyance of goods by  individual categories of foreign persons" 
(submitted in May 2006); 
- Customs Code Chapter 39: Determination of  the Customs Value of Goods (submitted in 
July 2004); 
- Law No. 211 "On Amendments to the Customs Code of the Republic of Kazakhstan" of 
8 January 2007; 
- Law No. 62-III "On Amendments and Addenda to  the Customs Code of the Republic of 
Kazakhstan" of 20 June 2005; 
- Decree No. 810 "Concerning the introduction of amendment to Decree No. 299 of 
12 March 1996" of 28 June 1996; 
- Decree No. 2369 "Concerning the Implementation of Edict Concerning the Customs Business 
in the Republic of Kazakhstan" of 20 July 1995; 
- Edict No. 2370 "Concerning the Introduction of Amendments to certain legislative acts and 
edicts concerning customs issues" of 20 July 1995; 
- Resolution No. 355 "On Approval of the List of Kazakh Commodities Determined in 
accordance with Customs Legislation of the Republic of Kazakhs tan, Produced on the 
Territory, with "Free Warehouse" Regime, and Se lling on other Part of the Customs Territory 
of the Republic of Kazakhstan, Sale Turnover of which is Free from VAT" of 14 April 2005; 
- 
Resolution No. 202 "On Amendments to Resolution No. 669 of 8 July 2003 'On Adoption of 
Rates of Customs Fees, Charges and Payments Levied by Customs Bodies' " of 
24 March 2006; 
- Resolution No. 669 "On Adoption of the Customs Charges, Fees and Payments Levied by the 
Customs Bodies" of 8 July 2003; 
- Resolution No. 1009 "Concerning the approval of the list of countries which are users of the 
preference schedule of Kazakhstan" of 20 July 1995; 
- Resolution No. 1125 "Concerning the rates of customs duties on imported goods" of 
15 August 1995; 
- Resolution No. 1479 "On rates of customs payments" of 7 November 1995; 
- Resolution No. 891 Annex on "Rates of Custom s Duties on Imported Goods" of 29 June 2001 
- Commodity Nomenclature and Customs Import Tariffs;   WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 145 
 
 
  - i) Section 5:  Preliminary operations, cust oms operations and procedures relating to the 
conveyance of goods and means of transport; 
- ii) Chapter 10:  Conveyance of goods and means of transport across the customs border of 
the Republic of Kazakhstan; and 
- Draft Customs Code. 
Import/Export Regulations 
- Law No. 45-III LRK "On Amendments and Addenda  to Legislative Acts of the Republic of 
Kazakhstan on Licensing" of 15 April 2005; 
- Law "On export control of armaments, m ilitary technology and production of double 
application" of 18 June 1996; 
- Law No. 2198 "On State Registration of Juridi cal Persons and Statistical Registration of 
Branches and Representative Offices" of 17 April 1995; 
- Government Resolution No. 1334 "On Amendments  to the Resolution of the Government of 
the Republic of Kazakhstan No. 100 'On Approva l of Licensing Fee Rates for the Right to 
Perform Certain Types of Activities' of 24 January 2002" of 31 December 2005; 
- Resolution No. 524 "On Approval of the List of Goods Transported Through the Territory of 
the Republic of Kazakhstan with Obligatory Securing of Payment of Customs Duties and Taxes" of 4 June 2003; 
- Resolution No. 1324 "On Amendments into the Resolution of the Government of the 
Republic of Kazakhstan No. 166 0 'On Approval of Fee Rates for State Registration of 
Juridical Persons of 19 December 2001'" of 30 December 2005; 
- Resolution No. 298 "On the procedure for export and import of public goods (works, 
services) in Kazakhstan" of 12 March 1996; 
- Resolution No. 342 "List of goods allowed and not  allowed to the regime of temporary import 
and export" of 25 March 1996; 
- Resolution No. 1035 "Concerning the approval of the list of exchange commodities" of 
28 July 1995; 
- Resolution No. 304 "On introduction of amendmen ts and additions to Resolution No. 1035 of 
28 July 1995" of 13 March 1996; 
- Resolution No. 984 "On Prohibition of export and import barter operations" of 17 July 1995; 
- Resolution No. 1200 "On introduction of changes to Resolution No. 984 "On Prohibition of 
Export and Import Barter Operations"" of 29 August 1995; 
- Edict No. 2200 "Concerning Licensing" of 17 April 1995; 
- Decree No. 1894 "Concerning the implementation of Decree of the President No. 2201 of 
17 April 1995" of 29 December 1995; 
- Edict No. 2720 "Concerning the introduction of amendments to certain edicts" of 
23 December 1995; 
- Decree of the President No. 2198 "On State registration of juridical persons" of 
17 April 1995; 
- List of Goods Subject to Non-Tariff Measures (submitted in August 2004); and 
- Order No. 24-OD of the Chairman of the Ag ency On Regulation of Natural Monopolies, 
Protection of Competition and Support of Small Businesses "On Adoption of the Rules for Introduction and Discontinuation of Decreasing Coefficients for Tariffs on Regulated Rail 
Freight" of 12 December 1999; and 
- Draft Law "On Licensing". 
Trade remedies 
- Law No. 114-III "On Amendments and Addenda to Legislative Acts of the Republic of 
Kazakhstan on Subsidies, Countervailing and Antidumping Measures" of 9 January 2006; WT/ACC/SPEC/KAZ/9/Rev.2 
Page 146  
 
  - Law No. 337-I "On Safeguard Measures of the Do mestic Market in Importation of Products 
(of 28 December 1998)" as amended by the Law No. 59-III of 16 June 2005; 
- Law "On Antidumping" (submitted in November 1999); 
- Law No. 4414 "On Subsidies and Counter vailing Measures" of 16 July 1999; 
- Law No. 337-1 "On Safeguard Measures to Protect the Domestic Market" of 
28 December 1998; 
- Resolution No. 1374 "On approval of the Ru les for conducting examinations, preceding 
imposition of safeguard, countervailing or an tidumping measures" of 9 September 2000; 
- Draft Law on Antidumping; 
- Draft Law on Subsidies and Countervailing Measures; and 
- Draft Law on Safeguard Measures.  
Standards, certification, technical regulations 
- Law No. 603-II "On Technical Regulating" of 9 November 2004; 
- Law No. 306 "On Toys Safety" of 21 July 2007; 
- Law No. 302 "On Safety of Chemical Products" of 21 July 2007; 
- Law No. 305 "On Safety of Machinery and Equipment" of 21 July 2007; 
- Law No. 209 "On Introduction of Amendments a nd Addenda to Certain Legislative Acts of 
the Republic of Kazakhstan Concerning the Issues of Technical Regulation" of 
29 December 2006; 
- Law "On Amendments and Addenda to Legisla tive Acts of the Republic of Kazakhstan on 
Separation of Authorities between the Levels  of State Governance and Budget Relations 
(in connection with amendments made in laws "On Plants Quarantine" and 
"On Veterinary")"; 
- Decree No. 367 "List of Products and Services subject to Compulsory Certification" of 
20 April 2005; 
- Law No. 433-1 "On Standardisation" of 16 July 1999; 
- Law No. 434-1 "On Certification" of 16 July 1999; 
- Law "On standardization and certification" of 18 January 1993; 
- Law "Concerning the protection of consumer rights" of 5 June 1991; 
- Resolution No. 718 " On Approval of the Rules of Creation and Operation of the Enquiry 
Point for Technical Barriers to Trade, Sanitary and Phytosanitary Measures" of 11 July 2005; 
- Decree No. 64-p of the Prime Minister "On Implementation Measures of the Law of the 
Republic of Kazakhstan 'On Techni cal Regulating'" of 25 March 2005; 
- Decree No. 225 "Concerning the Committee for standardization, metrology and certification" 
of 21 February 1996; 
- Order No. 136 of the Chairman of the Committee on Technical Regulating and Metrology of 
the Ministry of Industry and Trade "On Approval of the Regulations on Conducting Works with Participation of the State Authorities, Technical Committees on Standardization and the 
Conformity Verification Agencies in the field of Conformity Verification and Accreditation" 
of 13 May 2005; 
- Order No. 135 of the Chairman of the Committee on Technical Regulating and Metrology of 
the Ministry of Industry and Trade "On Appr oval of the Regulations of Registration and 
Implementation of the International, Regional,  National Standards, Classifiers of Technical 
and Economic Information, Regul ations and Recommendations of the Foreign States in the 
Field of Standardization, Conformity Verifica tion and Accreditation Within the Territory of 
the Republic of Kazakhstan" of 13 May 2005; 
- Order No. 119 approved by the Chairman of the Committee on Technical Regulation and 
Metrology of the Ministry of Industry and Trade of 22 April 2005: a. "On Rules of Suspension or Cancellation of the Validity of Issued Certificates of 
Conformity or the Validity of Regist ration of Conformity Declarations";  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 147 
 
 
  b. "On Rules of Conducting Inspections by  the Accredited Conformity Assessment 
Body"; 
c. "On Rules of Recognition of Foreign Certificates of Conformity, Conformity Marks, 
Testing Reports, and Other Documents in the Field of Conformity Assessment"; 
- Order No. 118 of the Chairman of the Committee on Technical Regulating and Metrology of 
the Ministry of Industry and Trade "On Appr oval of the Regulations of Training and 
Attestation of the Experts-auditors on Sta ndardization, Conformity Verification and 
Accreditation" of 22 April 2005; 
- Order No. 107 of the acting Chairman of the Committee on Technical Regulating and 
Metrology of the Ministry of Industry and Trade "On approval of the Regulations on 
Publication and Providing of Users with the Sta ndards and Normative Instruments in the Field 
of Standardization, Metrology, Certification,  Accreditation, Catalogues and Directories of 
Standards and Information About Them" of 15 April 2005; 
- Order No. 106 of the acting Chairman of the Committee on Technical Regulating and 
Metrology of the Ministry of Industry and Trade "On approval of the Regulations of 
Elaboration and Approval of Plans and Pr ograms of the State Standardization" of 
15 April 2005; 
- Order No. 98 of the Chairman of the Committee on Technical Regulating and Metrology of 
the Ministry of Industry and Trade "On Appr oval of the Regulations of Elaboration, 
Co-ordination, Registration, Approval, Examination, Alteration, Annulment and Implementation of the State Standards a nd Classifiers of Technical and Economic 
Information" of 4 April 2005; 
- Order No. 99 of the Chairman of the Committee on Technical Regulating and Metrology of 
the Ministry of Industry and Trade "On appr oval of the Regulations of Establishment, 
Operation and Liquidation of the Technical Co mmittees on Standardization" of 4 April 2005; 
- Ordinance No. 94 of the Chairman of the Committee on Technical Regulating and Metrology 
of the Ministry of Industry and Trade "On A pproval of the Form, Regulations of Filling in 
and Submission of Notifications of the Inform ational Centre on Technical Bars in Trade, 
Sanitary and Phytosanitary Measures" of 1 April 2005; 
- Order "Of customs control over production of compulsory certification" of January 1994; 
- Resolution No. 411 "On stage-by-stage introducti on of compulsory certification of products 
(works, services) in Kazakhstan" of 20 May 1993; 
- Government Regulation No. 1112 "On Approval of List of Goods (Works, Services) Subject 
to Mandatory Certification for Conformity to Obligatory Requirements of Standards or Other 
Documents for Guarantee of Safety of Life and Health of Citizens, Property of Citizens, and 
Environment" of 15 July 1997 (Excerpt); 
- National Certification System No. ST RK 3. 10-97 "The Order of the Examination of 
Appeals" of 1 July 1999; 
- Statute of the Committee on Technical Regulating and Metrology of the Ministry of Industry 
and Trade approved by Resolution No. 1237 of 26 November 2004;  
- Gosstandart Ordinance No. 156 "State Standa rd of the Republic of Kazakhstan National, 
Certification System; Procedure for Processing of Appeals ST RK 3.10-97" of 1 July 1999; 
- List of organs for certification of simila r products and accredited testing laboratories 
(centres), registered at the State Register of th e State Certification System of the Republic of 
Kazakhstan, 1 January 1998; 
- The List of Products (Works, Services) that are Subject to Mandatory Certification as to the 
Conformity with Requirements of Standards or other Codes that ensure the Safety for Life, 
Health of People, Property of Citizens, and Environment; 
- Draft Law "On Electromagnetic Compatibility"; 
- Draft Law "On Toys Safety"; 
- Draft Law on Certification; and 
- Draft Law on Standardisation. WT/ACC/SPEC/KAZ/9/Rev.2 
Page 148  
 
  SPS measures 
- Law No. 361 "On Sanitary-Epidemiological Welf are of Population" of 4 December 2002;  
- Law No. 301 "On Safety of Food Products" of  21 July 2007; 
- Law No. 334-1 "On Plant Quarantine" of 11 February 1999 as amended on 
20 December 2004; 
- Law No. 422 -1 "On Legal Protection of Selec tive Breeding Achievements" of 13 July 1999; 
- Law No. 339-II "On Veterinary" of 10 Ju ly 2002 as amended on 20 December 2004; 
- Law No. 430-II "On Health Care System" of 4 June 2003; 
- Law No. 361 "On Sanitary and Epidemiological Well-Being of the Population" of 
4 December 2002; 
- Law No. 331-II "On Plants Protection" of 3 July 2002; 
- Law No. 111-1 "On Protection of the Health of  Citizens in the Republic of Kazakhstan" of 
19 May 1997; 
- Law No. 8-III 3PK "On Amendments and Addenda to the Law of the Republic of Kazakhstan 
'On Environment Protection' on Industrial a nd Consumption Waste" of 1 January 2005; 
- Law No. 160-1 "On Environment Protection" of 15 July 1997; 
- Resolution No. 1891 "On approval of the order of  destruction or further reprocessing products 
in the case of their recognition as not suitable for sale and consumption" of 
29 December 1995; 
- Ordinance No. 166 of the Minister of Agricultu re "On Approval of the Nomenclature of the 
Basic Quarantine Products, subject to Phytosan itary Control under Plants Quarantine" of 
30 May 2002; and 
- Draft Law "On Legal Protection of Selective Breeding Achievements". 
Special economic zones 
- Law No. 274 "On Special Economic Areas in the Republic of Kazakhstan" of 6 July 2007; 
- Law No. 2823 "On special economic zones" of 26 January 1996; and 
- Edict No. 2824 "Concerning the introduction of am endments to certain laws and edicts" of 
26 January 1996. 
Government procurement 
- Resolution No. 586 "On Public Procurement of Goods" of 13 May 1996. 
Agriculture 
- Law No. 66 "On State Regulation of Agricu ltural and Industrial Complex and Rural 
Territories Development" of 8 July 2005. 
Intellectual Property protection 
- Civil Code (Table of Contents); 
- Articles 184, 199 and 200 of the Criminal Code , concerning intellectual property (submitted 
in September 1997); 
- Law "On Copyright and related rights" of 10 June 1996; 
-
 Law "Concerning trademarks, service marks a nd appellations of origin of goods" of 
18 January 1993;  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 149 
 
 
  - Law No.456-1 "On trademarks, service marks and appellation of places of origin of goods" of 
26 July 1999; 
- Law "Concerning the copyright and allied rights" of 10 June 1996; 
- Patent Law No. 1422-XII of 24 June 1992; 
- Patent Law of 16 July 1999; 
- Law No. 217 of the Republic of Kazakhstan "On Legal Protection of Layout Design of 
Integrated Microcircuits"; 
- Resolution No. 508 "On the establishment of state agency for copyright and related rights" of 
8 July 1992; 
- Decree No. 622 "Concerning  the National Patent Department Attached to the Cabinet of 
Ministers" of 21 July 1992; 
- Decree of the President No. 806 "On Na tional Patent Office" of 23 June 1992; 
- Decree No. 949 "Concerning the approval of procedure for issuing the protection documents 
on inventions, industrial samples, trademarks  and service marks" of 11 November 1992; 
- Order No. 201 "Rules on keeping register of intellectual property related products, and 
sharing it with customs bodies and applicants" of 13 May 2003; 
- Resolution No. 926 "On rules of public dem onstration of cine-video production" of 
5 July 1995; 
- Resolution No. 266 "On procedure of payments and amounts of duties for foreign applicants 
for legal actions connected with protection of industrial property objects within the territory 
of Kazakhstan" of 6 April 1993; 
- Resolution No. 889 "On the procedure of payment and amounts of duties for patenting of 
inventions, industrial samples and utility mode ls, registration of trademarks and service 
marks, registration and submitting the right of using the name of the place of goods' origin" of 20 October 1992; 
- Resolution of the Cabinet of Ministers No. 896 "On Approval of the Regulation on  
Employee's Inventions, Utility Models and Indus trial Designs Created in the Republic of 
Kazakhstan" of 11 August 1994; 
- Regulation on the National Patent Office under th e Cabinet of Ministers (with amendments in 
accordance with Resolution No. 1369 of the Cabinet of Ministers of 5 December 1994) 
approved by Resolution No. 877 of the Ca binet of Ministers of 16 October 1992; 
- "Rules for Filing and Submission of Application for Registration of a Trademark" No. 226 of 
30 April 1997; 
- Declaration of the Republic of Kazakhstan on th e International Treaties in the Field of the 
Protection of Industrial Property of 5 February 1993; 
- Draft Patent Law (submitted April 1999); and 
- Draft Law  "On amendments and additions to cer tain legal acts of the Republic of Kazakhstan 
concerning intellectual property issues". 
Services regulations 
-
 Law "Concerning auditing" of 18 October 1993; 
- Government Resolution No. 1064 "On Approva l of Nomenclature of Telecommunication 
Services and Telecommunication Technologically  Related Services with Governmentally 
Regulated Prices" of 15 October 2004; 
- Edict No. 2329 "Concerning Medical Insurance of Citizens" of 15 June 1995; 
- Edict No. 2330 "On Measures for Implementati on of the Edict "On Medical Insurance of 
Citizens"" of 15 June 1995; 
- Edict No. 2444 "Concerning Banks a nd Banking Activity" of 31 August 1995; 
- Decree No. 2445 "Concerning the efforts for the implementation of Edict "Concerning Banks 
and Banking Activity"" of 31 August 1995; 
- Edict No. 2475 "Concerning Insurance" of 3 October 1995; WT/ACC/SPEC/KAZ/9/Rev.2 
Page 150  
 
  - Edict No. 2697 "Concerning the Utilization of  Airspace and Activities of Aviation" of 
20 December 1995; 
- Decree No. 1803 "Issues of the state insuran ce monitoring" of 19 December 1995; and 
- Resolution No. 478 "On the approval of the regulation on Licensing of Insurance Activities 
on the Territory of Kazakhstan" of 19 April 1996. 
Trade Agreements 
- Decree No. 2461 of the President of the Re public of Kazakhstan "On Ratification of 
the Agreement "Concerning the Customs Union" between the Government of the Republic of 
Belorussia, the Republic of Kazakhstan and th e Russian Federation" of 15 September 1995; 
- Agreement on the Customs Union between th e Russian Federation, the Republic of 
Belorussia and the Republic of Kazakhstan of 20 January 1995; 
- Agreement between the Government of the Re public of Kazakhstan and the Government of 
the Russian Federation on the Uniform Proce dure for Regulating Foreign Economic Activities 
of 20 January 1995; 
- Resolution of the Intergovernmental Belorussi an - Kazakh - Russian Commission "Terms of 
Formation of the Customs Union" of 22 November 1995; 
- Protocol "On Introduction of Free Trade Regi me Without Exceptions and Restrictions 
Between the Republic of Kazakhstan and the Russian Federation" of 20 January 1995; 
- Protocol between the Government of the Repub lic of Kazakhstan and the Government of the 
Kyrgyz Republic and the Government of Uzbekistan Concerning Discussion of Issues of Participation of the Republic of Kazakhsta n in the Customs Union between Belorussia, 
Kazakhstan and Russia of July 1995; 
- Protocol between the Government of the Repub lic of Belorussia, the Government of the 
Republic of Kazakhstan and th e Government of the Russian Federation Concerning 
Completion of the First Stage of Enforcement of the Treaty on the Customs Union of 22 November 1995; 
- Agreement on Free Trade between the Govern ment of the Kyrgyz Republic and the 
government of the Republic of K azakhstan of 22 June 1995; and 
- Agreement between the Government of the Re public of Kazakhstan and the Government of 
the Republic of Moldova on Free Trade of 26 May 1995. 
Miscellaneous 
- Kazakhstan Economic Trends - First Quarter 1996; 
- Kazakhstan Economic Trends  - February 1996; and 
- Kazakhstan Economic Tren ds - Monthly update. 
  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 151 
 
 
  ANNEX 2 
List of priority activities, on the level of the classifi er of sub-types of activity, for which investment 
preferences are granted  
No. Name of the section Code Name of the type and sub-type of activity 
1 2 3 4 
01.1 Plant growing 
01.11 Growing of cereals, tec hnical crops and other agricultural crops, not entered in 
other groups, except for: - growing of tobacco and its primary processing: gathering and drying of 
tobacco leaves 
01.12  Vegetable farm-out, landscape-garden ing and output of seed-plot's products 
except for cultivation of flowers, seed farming of floral croppers  
01.13 Cultivation of fruits, nuts, croppers fo r the production of drinks and spicery 
except for cultivation of spicy croppers and croppers for beverages production   
01.2 Live stock-breeding 
01.21 Cattle breeding (stock rearing)  
01.22 Breeding of sheep, goats, horses, jacks , mules and donkeys  
01.23 Pig farming 
01.24 Breeding of agricultural poultry 
01.25 Breeding of other animals 
01.4 Rendering of services in the field of  plant growing and live stock-breeding, 
except for veterinary services; landscape planning 
01.41 Rendering of services in the fi eld of plant growing, except for: 
- making, treatment and maintenance of gardens, parks and green 
plantations at sportive units, etc.; 
- planting with trees and gardens:  landscape planning and design work 
related to planting, digging out, leve lling down of plants and looking after 
them, arrangement of grass-plots and parks and their maintenance, 
- trimming of trees and hedge-rows 01 Agriculture, hunting and 
rendering of services in those fields 
01.42 Rendering of services in the field of and live stock-breeding, except for 
veterinary services 
02.0 Forestry and forest harvesting operations 02 Forestry and rendering of 
services in that field 02.01 Forestry and lumbering, except for gathering of wild-growing and non-wood 
timber crops 
05.0 Fishery, fish-breeding and rendering of services in those spheres 
05.01 Fishery, except for: harvesting of sea and limnetic crustaceous and molluscous; 
hunting of watery animals:  turtles, asci dians, tunicates, urchins etc.; services 
connected with fishery:  fish conserva ncy and fishery supervision for sea foods 
harvesting: natural pearl, sponges, corals or sea ore   05 Fishery, fish-breeding and 
rendering of services in those fields 
05.02 Fishery 
15.1 Manufacture of meat and meat foods 
15.11 Manufacture of meat 
15.12 Manufacture of meat of agricultural poultry and rabbits 
15.13 Manufacture of meat foods, except for: 
manufacture of ready meat dishes  
15.2 Processing and preservation of fish and fish foods 
15.20 Processing and preservation of fish and fish foods, except for: 
preparation of ready fish dishes 
15.3 Processing and canning of fruit and vegetables  
15.31 Processing and canning of potato, except for the production of snacks from 
potato  
15.32 Production of fruit and vegetable juices  
15.33 Processing and canning of fruit and vege tables, not included in other groups  
15.4 Processing and canning of fruit and vege tables, not included in other groups  
15.41 Production of non-refined oil and butter  
15.42 Production of the refined oil and butter  
15.43 Production of margarine  
15.5 Production of milk products  
15.51 Processing of milk and cheese production  
15.52 Ice-cream production  
15.6 Production of flour-and-cereals industr y, starch and starch products  
15.61 Production of flour-and-cereals industry  15 Manufacture of 
foodstuffs, including beverages 
15.86 Manufacture of tea and coffee WT/ACC/SPEC/KAZ/9/Rev.2 
Page 152  
 
  No. Name of the section Code Name of the type and sub-type of activity 
1 2 3 4 
15.87 Manufacture of spices and seasonings 
15.88 Manufacture of baby food and dietetic foodstuffs 
15.89 Manufacture of other foodstuffs not entered in other groups  
15.9 Manufacture of beverages 
15.97 Manufacture of malt   
15.98 Manufacture of mineral water and other non-alcoholic beverages 
17.1 Spinning of textile fibres 
17.11 Spinning of cotton fibres 
17.12 Carding spinning of wool fibres 
17.13 Combing spinning of wool fibres 
17.15 Manufacture of natural silk, artificial and synthetic fibres 
17.17 Preparation and spinning of other textile fibres 
17.2 Weaving industry 
17.21 Manufacture of cotton cloths 
17.22 Manufacture of woollen cloths of fibres of carding spinning 
17.23 Manufacture of woollen cloths of fibres of combing spinning 
17.25 Manufacture of other textile cloths 
17.3 Decorating of textile materials and textile products 
17.30 Decorating of textile materials and textile products 
17.4 Manufacture of ready-made textile articles, except for clothes 
17.40 Manufacture of ready-made textile articles, except for clothes 
17.15 Manufacture of other textile articles 
17.51 Manufacture of carpets and carpet articles 
17.52 Manufacture of cordage, ropes, binder and nets 
17.53 Manufacture of non-woven textile materials and articles of them 
17.54 Manufacture of other textile articles not entered in other groups 
17.6 Manufacture of knitted fabric 
17.60 Manufacture of knitted fabric 
17.7. Manufacture of knitted articles 
17.71 Manufacture of knitted hosiery articles 17 Textile industry 
17.72 Manufacture of knitted pullovers, cardigans and analogous articles 
18.1 Manufacture of clothes of leather 
18.10 Manufacture of clothes of leather 
18.2 Manufacture of clothes of textile materials 
18.22 Manufacture of outerwear 
18.23 Manufacture of underwear 
18.24 Manufacture of other clothes and accessories 
18.3 Dressing and dyeing of fur; manufacture of fur articles 18 Manufacture of clothes, 
dressing and dyeing of fur 
18.30 Dressing and dyeing of fur; manufacture of fur articles 
19.1 Hardening and finishing of leather 
19.10 Hardening and finishing of leather 
19.2 Manufacture of cases, bags and other articles of leather 
19.20 Manufacture of cases, bags and other articles of leather 
19.3 Manufacture of footwear 19 Manufacture of leather, 
articles of leather and manufacture of footwear 
19.30 Manufacture of footwear 
20.1 Bucking and wood slicing; wood impregnation 
20.10 Bucking and wood slicing; wood impregnation 
20.2 Manufacture of veneer, plywood, boards and panels 
20.20 Manufacture of veneer, plywood, boards and panels 
20.3 Manufacture of wooden building st ructures and joiner's articles 20 Processing of wood and 
manufacture of articles of wood 
20.30 Manufacture of wooden building st ructures and joiner's articles 
21.1 Manufacture of pulp, paper and cardboard 
21.11 Manufacture of pulp 
21.12 Manufacture of paper and cardboard 
21.2. Manufacture of articles of paper and cardboard 
21.21 Manufacture of corrugated cardboard, paper and cardboard tare 
21.22 Manufacture of paper articles of household and sanitary-hygienic designation 
21.23 Manufacture of writing paper articles 
21.24 Manufacture of wallpaper 21 Manufacture of pulp, 
paper, cardboard and articles of it 
21.25 Manufacture of other articles of paper and cardboard  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 153 
 
 
  No. Name of the section Code Name of the type and sub-type of activity 
1 2 3 4 
22.1 Publishing activities 
22.11 Books producing 
22.2. Printing activity and rendering of services in that field 
22.22 Printing activity not entered in other groups 
22.23 Stitching-binding and finishing activity 22 Publishing and 
polygraphic  activities, printing of recorded data 
carriers 
 
22.24 Printing forms production 
23.1 Manufacture of charred cool 
23.10 Manufacture of charred cool 
23.2 Manufacture of oil products 23 Manufacture of charred 
cool, oil products and nuclear materials 
23.20 Manufacture of oil products, except for: 
- manufacture of motor fuel: gasoline, kerosene, etc. - production fluid fuel, light, medium and heavy gases such as ethane, 
propane, butane etc. 
24.1 Manufacture of general chemical matters 
24.11 Manufacture of industrial gases 
24.12 Manufacture of colours and pigments 
24.13 Manufacture of other general inorganic (chemical) matters 
24.14 Manufacture of other general organic (chemical) matters,  
24.15 Manufacture of fertilisers and nitrogen compounds 
24.16 Manufacture of plastics in primary forms 
24.17 Manufacture of synthetic caoutchouc 
24.2 Manufacture of agricultural chemical products 
24.20 Manufacture of agricultural chemical products 
24.3 Manufacture of paints and lacquers 
24.30 Manufacture of paints, lacquers and analogous coatings, typographic paints and 
mastics 
24.4 Manufacture of pharmaceutical products 
24.41 Manufacture of general pharmaceutical products 
24.42 Manufacture of pharmaceutical  preparations and materials 
24.5 Manufacture of soap and washing, cl eansing and polishing matters, perfume and 
cosmetic matters 
24.51 Manufacture of soap and washing, cleansing and polishing matters 
24.52 Manufacture of perfume and cosmetic matters 
24.6 Manufacture of other chemical products 
24.61 Manufacture of explosive materials 
24.62 Manufacture of glues and gelatine 
24.63 Manufacture of essences 
24.64 Manufacture of photographic materials 
24.65 Manufacture of ready-made unrecorded carriers of information 
24.66 Manufacture of other chemical products 
24.7 Manufacture of artificial and synthetic fibres 24 Chemical industry 
24.70 Manufacture of artificial and synthetic fibres 
25.1 Manufacture of rubber articles 
25.11 Manufacture of rubber tires, cases and tubes 
25.12 Reestablishment of rubber tires and scrap tires 
25.13 Manufacture of other rubber articles 
25.2 Manufacture of plastic articles 
25.21 Manufacture of plastic plat es, strips, tubes and profiles 
25.22 Manufacture of plastic articles for package of goods 
25.23 Manufacture of plastic articles used in construction 25 Manufacture of rubber 
and plastic articles 
25.24 Manufacture of other plastic articles WT/ACC/SPEC/KAZ/9/Rev.2 
Page 154  
 
  No. Name of the section Code Name of the type and sub-type of activity 
1 2 3 4 
26.1 Manufacture of glass and articles of glass 
26.11 Manufacture of sheet glass 
26.12 Forming and processing of sheet glass 
26.13 Manufacture of hollow glass articles 
26.14 Manufacture of glass fibre 
26.15 Manufacture and processing of other glass articles 
26.2 Manufacture of ceramic articles, except for ones used in construction 
26.21 Manufacture of household and decorative ceramic articles 
26.22 Manufacture of ceramic sanitary-technical articles 
26.23 Manufacture of ceramic electric insulators and insulating accessories 
26.26 Manufacture of refractory products 
26.3 Manufacture of ceramic tiles and plates 
26.30 Manufacture of ceramic tiles and plates 
26.4 Manufacture of bricks, tiles and other building articles of burnt clay 
26.40 Manufacture of bricks, tiles and other building articles of burnt clay 
26.5 Manufacture of cement, lime and gypsum 
26.51 Manufacture of cement 
26.52 Manufacture of lime 
26.53 Manufacture of gypsum 
26.6 Manufacture of articles of concrete, gypsum and cement 
26.61 Manufacture of building articles of concrete 
26.62 Manufacture of gypsum articles for use in construction 
26.63 Manufacture of concrete ready for use 
26.64 Manufacture of dry concrete mixtures 
26.65 Manufacture of articles of as bestos cement and fibrous cement 
26.66 Manufacture of other articles of concrete, gypsum and cement 
26.7 Cutting, treatment and finishing of decoration and construction stone 
26.70 Cutting, treatment and finishing of decoration and construction stone 
26.8 Manufacture of other non-metal mineral products 26 Manufacture of other non-
metal mineral products 
26.82 Manufacture of other non-metal mineral products not entered in other groups 
27.1 Manufacture of iron, st eel and ferrous alloys  
27.10 Manufacture of iron, st eel and ferrous alloys 
27.2 Manufacture of tubes 
27.21 Manufacture of tube of iron 
27.22 Manufacture of steel tubes 
27.3 Other primary processing of iron and steel  
27.31 Cold drawing 
27.32 Cold rolling of strands and narrow strips 
27.33 Cold pressing and bending 
27.34 Manufacture of wires 
27.4 Manufacture of non-ferrous metals 
27.41 Production of precious metals 
27.42 Manufacture of aluminium 
27.43 Manufacture of lead, zinc and tin 
27.44 Manufacture of copper 
27.45 Manufacture of other non-ferrous metals 
27.5 Casting of metals 
27.51 Casting of pig-iron 
27.52 Casting of steel 
27.53 Casting of light metals 27 Metallurgical industry 
27.54 Casting of other non-ferrous metals 
28.1 Manufacture of building metal structures and articles 
28.12 Manufacture of building metal articles 
28.2 Manufacture of metal reservoirs, radiat ors and boilers of the central heating 
system 
28.21 Manufacture of metal cisterns , reservoirs and containers 
28.22 Manufacture of radiators and boile rs of the central heating system 
28.3 Manufacture of steam boilers, except fo r boilers of the central heating system 
28.30 Manufacture of steam boilers, except fo r boilers of the central heating system 
28.5 Metal working and coating on metals; principal technological process of 
machinery industry  
28.51 Metal working and coating on metals  28 Manufacture of ready-
made metal articles 
28.52 principal technological pro cess of machinery industry   WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 155 
 
 
  No. Name of the section Code Name of the type and sub-type of activity 
1 2 3 4 
28.7 Manufacture of other ready-made metal articles 
28.71 Manufacture of metal barrels and analogous containers 
28.72 Manufacture of package of light metals 
28.73 Manufacture of articles of wire 
28.74 Manufacture of fastening articles, chains and springs   
28.75 Manufacture of other ready-made metal articles 
29.1 Manufacture of mechanical equipment 
29.11 Manufacture of engines and turbines, except for aircraft, car and motorcycle 
engines 
29.12 Manufacture of pumps, compressors and hydraulic systems 
29.13 Manufacture of taps and valves 
29.14 Manufacture of bearings, gear tran smissions, elements of mechanical 
transmissions and drives 
29.2 Manufacture of other equipment of general designation 
29.21 Manufacture of furnaces and kiln burners 
29.22 Manufacture of lifting- transporting equipment 
29.23 Manufacture of industrial refrigerating and ventilating equipment 
29.24 Manufacture of other machinery and equipment of general designation not 
entered in other groups 
29.3 Manufacture of machinery and equipment for agriculture and forestry 
29.31 Manufacture of agricultural tractors 
29.32 Manufacture of other machinery and e quipment for agriculture and forestry 
29.4 Manufacture of machines 
29.41 Manufacture of portable manual mechanized tool  
29.42 Manufacture of other metalworking machine tools  
29.43 Manufacture of other machine tools 
29.5 Manufacture of other machinery an d equipment of special designation 
29.51 Manufacture of machinery and equipment for metallurgy 
29.52 Manufacture of machinery and equi pment for production of minerals and 
construction 
29.53 Manufacture of machinery and equipment for preparation of foodstuffs, 
including beverages, and tobacco articles 
29.54 Manufacture of equipment for production of textile, garment, fur and leather 
articles 
29.55 Manufacture of machinery and equipment for production of paper and cardboard 
29.56 Manufacture of other machinery and equipment of special designation not 
entered in other groups 
29.6 Manufacture of weapons and ammunition  
29.7 Manufacture of home appliances 
29.71 Manufacture of home electric appliances 29 Manufacture of 
machinery and equipment 
29.72 Manufacture of home non-electric appliances 
30.0 Manufacture of office equipment and computing machines 
30.01 Manufacture of office equipment 30 Manufacture of office 
equipment and computing machines 30.02 Manufacture of electronic computi ng machines and other equipment for 
processing of information 
31.1 Manufacture of electric engines,  generators and transformers 
31.10 Manufacture of electric engines,  generators and transformers 
31.2 Manufacture of electric distri buting and controlling equipment 
31.20 Manufacture of electric distri buting and controlling equipment 
31.3 Manufacture of insulated wires and cables 
31.30 Manufacture of insulated wires and cables 
31.4 Manufacture of galvanic elements (electric batteries and primary cells) 
31.40 Manufacture of galvanic elements (electric batteries and primary cells) 
31.5 Manufacture of electric lamps and lighting equipment 
31.50 Manufacture of electric lamps and lighting equipment 
31.6 Manufacture of other electric equipment 
31.61 Manufacture of electric equipment for engines and transport vehicles 31 Manufacture of electric 
machinery and electric equipment 
31.62 Manufacture of other electric equipmen t, except for electric equipment for 
engines and transport vehicles WT/ACC/SPEC/KAZ/9/Rev.2 
Page 156  
 
  No. Name of the section Code Name of the type and sub-type of activity 
1 2 3 4 
32.1 Manufacture of electri c and radio elements 
32.10 Manufacture of electri c and radio elements 
32.2 Manufacture of transmitting equipment 
32.20 Manufacture of transmitting equipment 
32.3 Manufacture of equipment for receivi ng, recording and replaying of sound and 
picture 32 Manufacture of 
equipment for radio, television and 
communication 
32.30 Manufacture of equipment for receivi ng, recording and replaying of sound and 
picture 
33.1 Manufacture of articles of medical equipm ent, including surgical equipment, and 
orthopaedic attachments 
33.10 Manufacture of articles of medical equipm ent, including surgical equipment, and 
orthopaedic attachments 
33.2 Manufacture of controlling-metering devi ces, except for devices of control and 
adjustment of technological processes 33 Manufacture of articles of 
medical equipment, means of measurements, optical devices and equipment 
33.20 Manufacture of controlling-metering devi ces, except for devices of control and 
adjustment of technological processes 
34.1 Manufacture of cars 
34.10 Manufacture of cars 
34.2 Manufacture of car bodies, manufacture of trailers and semi-trailers 
34.20 Manufacture of car bodies, manufacture of trailers and semi-trailers 
34.3 Manufacture of parts and accessories to cars and their engines 34 Manufacture of cars, 
trailers and semi-trailers 
34.30 Manufacture of parts and accessories to cars and their engines 
35.1 Building and repair of vessels 
35.11 Building and repair of vessels,  
35.12 Building and repaid of sportive-tourist vessels 
35.2 Manufacture of railway rolling stock 
35.20 Manufacture of railway rolling stock 
35.3 Manufacture of aircraft, including space ones 
35.30 Manufacture of aircraft, including space ones 
35.4 Manufacture of motorcycles and bicycles 
35.41 Manufacture of motorcycles 
35.42 Manufacture of bicycles 35 Manufacture of other 
transport vehicles 
35.43 Manufacture of carriages for the disabled 
36.1 Manufacture of furniture 
36.11 Manufacture of chairs and other furniture for sitting,  
36.12 Manufacture of furniture for offices and trading enterprises 
36.13 Manufacture of kitchen furniture 
36.14 Manufacture of other furniture 
36.15 Manufacture of mattresses 
36.3 Manufacture of musical instruments 
36.30 Manufacture of musical instruments 
36.6 Manufacture of various products which have not been included in other 
groupings  36 Manufacture  of furniture 
and other products not 
entered in other groups 
36.63 Manufacture of various products whic h have not been included in other 
groupings  
37.2 Processing of non-metal wastes and scrap 37 Processing of secondary 
raw products 37.20 Processing of non-metal wastes and scrap 
40.1 Production and distribu tion of electrical energy 
40.11 Production of electrical energy 
40.12 Transmission of electrical energy 
40.13 Distribution and sale  of electrical energy 
40.2 Production and distribution of gaseous fuel 
40.21 Production of gas 
40.22 Distribution of gaseous fuel via pi pelines and sale of gaseous fuel  
40.3 Supply of steam and hot water 40 Production of electrical 
energy, gas, steam and hot water 
40.30 Production and supply of steam and hot water  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 157 
 
 
  No. Name of the section Code Name of the type and sub-type of activity 
1 2 3 4 
41.0 Collection, purification and distribution of water 
41.00 Collection, purification and distribution of water 
45.2 Construction of buildings and erections 
45.21 General construction operations, except for the general construction of buildings  
45.23 Building of roads, autodromes and sportive facilities 41 Collection, purification 
and distribution of  water 
45.24 Construction of water facilities 
55.1 Rendering of services by hotels 
55.10 Rendering of services by hotels 
55.2 Rendering of services by other places for short-term accommodation 
55.21 Rendering of services by youth tour ist camps and mountain tourist bases 55 Rendering of services by 
hotels  
55.22 Rendering of services by camping 
60.1 Activity of railway transport 
60.10 Activity of railway transport 
60.2 Activity of other land transport 
60.21 Activity of other land transport subject to timetable 
60.23 Activity of other passenger land transport 
60.24 Activity of freight motor transport 
60.3 Transportation by pipelines 60 Activity of land transport 
60.30 Transportation by pipelines 
61.1 Activity of marine transport 
61.10 Activity of marine transport 
61.2 Activity of river transport 61 Activity of water transport 
61.20 Activity of river transport 
62.1 Activity of air transport subject to timetable 
62.10 Activity of air transport subject to timetable 
62.2 Activity of air transport not subject to timetable 
62.20 Activity of air transport not subject to timetable 
62.3 Space transport activity  62 Activity of air transport 
62.30 Space transport activity 
63.1 Transport processing of cargoes and storage 
63.12 Storage and warehousing  
63.2 Other auxiliary transport activity  
63.21 Other auxiliary activity of land transport, except for storage of the vehicles 
which belong to citizens 
63.22 Other auxiliary activity of sea transport 63 Auxiliary and additional 
transport activity  
 
63.23 Other auxiliary activity of air transport, except for regulation of use of air space  
64.2 Telecommunication 64 Communication 
64.20 Telecommunication, including: 
- exploitation of national satellite vehicles of communication and  broadcasting; - exploitation of on ground network of satellite vehicles control and 
communication monitoring system; 
- provision of transponders of national satellite vehicles of  communication and broadcasting; 
- provision of services on Earth remote sensing; 
- provision of low-orbiting spacecraf ts for mobile communication and 
navigation; 
- excluding:  sound transmission, pict ures, data or other information via 
cable, broadcasting, relay or satellite connection, telephone or telegraph communication and telex, mechanical  services of telecommunication 
network, transmission (translation) of radio and television programs. 
92.1 Activity connected with cinema and video films 
92.11 Manufacture of cinema and video films, except for intended for advertising  
92.6 Activity in the field of sport 
92.61 Activity of sportive items, except for bowling halls 
92.7 Activity for organisation of leisure and entertainment  92 Activity for organisation 
of leisure and entertainment, culture and sport 
92.72 Other activity for organisation of leisure and entertainment, 
not included in other groupings, only regarding activity of beaches  WT/ACC/SPEC/KAZ/9/Rev.2 
Page 158  
 
  ANNEX 3  
3(a): List of state enterprises and JSCs with state-owned majority shares, involved in import/export 
operations  
State 
body* Enterprise name Type of activity Participation in 
export-import 
operations State 
share 
(%) Share in 
production 
volume 
(%) 
MTC JSC 
"KazMorTransFlot" Freightage of all type of 
cargo, crude oil and oil 
products, general freights, 
containers, passengers  Participation in 
export operations 
on transportation 
of oil, sea terminal operator 50 Transhipment:  
2004 - 41,  
2005 - 54. 
Transportation: 2004 - 49,  
2005 - 51. 
MTC NSE "International 
Sea Trade Port of Aktau" Sea port activity connected 
with servicing of marine vessels, passengers and 
freights   Participation in 
export-import transit operations 
within their sea 
port activities  100 Transhipment:  
2004 - 59,  2005 – 46. 
MIT NSE "National 
Centre on Integrated 
Mineral Recourses Utilization"  Scientific-production 
activity  Export  – 50% 
Domestic 
market– 10 % 100 30 
MIT JSC "Kazchermet - 
avtomatika" Experimental-engineering 
activities on development, 
production, supply, implementation 
automation systems and 
equipment in the area of ferrous and nonferrous 
metallurgy and other 
industries    Export  -30 % 
Domestic market 
- 70 % 98.83 75 
MIT NSE 
"Zhezkazganredmet" Production activity in the 
area of science on 
processing of materials 
with osmium, rhenium and rare-earth metals and 
production of those metals. Export 10 – sale 
export 61 – 
processing 
beyond customs territory. 
Import 40 – for 
consumption 100 100 
MD NSE 
"KazSpetcExport" Utilization, lease, and sale 
of weaponry, military 
equipment, defensive objects and other military 
property, not used in 
Armed Forces of the Republic of Kazakhstan; 
export of weaponry, 
military equipment, ammunitions, not used in 
Armed Forces of the 
Republic of Kazakhstan; import of weaponry, 
military equipment, 
ammunition for needs of AF of the Republic of 
Kazakhstan  For resale 100   WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 159 
 
 
  State 
body* Enterprise name Type of activity Participation in 
export-import 
operations State 
share 
(%) Share in 
production 
volume 
(%) 
MA JSC "Food Contract 
Corporation" Purchase, formation, 
accounting, storage, 
renovation, moving and 
sale of state grain resources and its 
conversion products.  
Cereal crops export (wheat, barley)  Grain export – 
0.1 million 
tonnes  100  
MA JSC 
"KazAgroFinance" Implementation of state 
credit programs and 
financial support of agricultural commodity 
producers, lease of 
equipment and technological equipment,  
issue of warranties to 
second-tier banks for crediting agricultural 
commodity producers  Import of 
agricultural 
equipment – KZT 6.6 billion  100  
MA JSC "Mal Onimderi 
Korporatciyasy" Procurement and 
processing of animal products, delivery for 
export and domestic 
market of animals' product 
and live cattle. Animal products 
export – KZT 180 million 100  
 
*Abbreviations:  MIT – Ministry of Industry and Trade 
  MTC – Ministry of Transport and Communications   MA – Ministry of Agriculture 
  MD – Ministry of Defence WT/ACC/SPEC/KAZ/9/Rev.2 
Page 160  
 
  3(b): Largest national companies  
 Name Main lines of business 
1 Joint-Stock Company (JSC) 
"National Company 
'KazMunaiGaz"  
 Participation in implementation of the state oil and gas policy, ensuring 
efficient use of national oil and gas resources, participation in 
development of the strategy on use,  reproduction and further expansion 
of oil and gas resources, representation of Kazakhstan in production 
sharing Agreements, suppl y of oil and gas transportation services, etc. 
2 Open Joint-Stock Company (OJSC) 
"Kazakh Company Electric 
Network System Administration"  Wholesale power supply through nati onal electric netw ork, technical 
maintenance and repair of the network, ensuring effective work of the 
single electric network system of Kazakhstan, etc. 
3 OJSC "Kazpost"  
 Receipt, processing, transportati on, and delivery of letters, post 
packages, parcels; postal money or ders; issuing state postal marks; 
special communication; pension, social  subsidies, etc payment service; 
express and courier delivery service,  distribution of periodicals, etc 
4 JSC "Food Contract Corporation"  Purchase, forming, accounting, storage, renewa l, transportation and sale 
of the state resources grain and processed grain products. 
5 Closed Joint-Stock Company 
(CJSC)"National Atomic Company 
"Kazatomprom"  Acts as national operator for export and import of uranium and its 
compounds, nuclear fuel for nuclear pow er plants, specia l equipment and 
technologies, reusable materials. 
6 CJSC "National Information 
Technologies"  Development and organization of na tional information systems network 
in Kazakhstan and their integration into the world information 
infrastructure, ensuring informati onal independence of Kazakhstan by 
creating favourable environment fo r the Single Information Area. 
7 JSC "National Company 
Kazakhstan Temir Zholy" Construction, maintenance and mode rnization of the railway system, 
administration of railway traffic,  supply of international railway 
transportation services, rail freight, etc 
8 CJSC "State Pension Accumulating 
Fund"  Collection of compulsory pensio n contributions from population, 
payment of pensions, creation of pension assets, investing pension 
assets, etc 
9 JSC "Kazakhtelecom"  Acts as  national operator of Kazakhstan for building, installation, 
operation and technical mainte nance of public and private 
telecommunication network. 
10 CJSC "International Airport 
Astana"  
 Receiving, dispatching and maintenanc e of aircrafts, supply of services 
for passengers; handling luggage, freight, and post; repair and 
maintenance of airport infrastructu re and utilities, aviation security 
service, etc. 
11 OJSC " National Company Kazakh 
Information Agency" (Kazinform) Collection, processing and distri bution of news and information 
materials, dissemination of info rmation covering the work of 
governmental bodies and Parliament of the Republic of Kazakhstan in 
local and foreign mass media, mon itoring materials of foreign mass 
media and their dissemination in mass media of Kazakhstan, etc 
12 "Kazakhstan Engineering" National 
Company" OJSC 
(Kazakhstan Engineering) Participation in implementation of the state policy pertaining to the 
development, production, distribution,  and liquidation of defence, civil 
and multipurpose products, etc 
Source:   Government Resolution No.182 "On Approval of the List of National Companies" of 16 February 2004  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 161 
 
 
  3(c): List of state monopolies in Kazakhstan  
No. Spheres where entities of state monopoly hold 
monopoly position List of entities 
1 Forestry, connected with de marcation of state forest 
fund, forest inventory or planning of forest management 
on the lands of state forest fund  Communal Enterprise "Kazakh Forest 
Survey Enterprise" of the Ministry of 
Agriculture  
2 Protection of objects subject to state security  Government entities "Specialized Security 
Service" of the Ministry of Internal Affairs  
3 Management of information systems developed for the 
process of state procurement; NSE "Electronic Commerce Centre" of the 
Ministry of Finance  
4 Phytosanitary monitoring of extremely dangerous 
organisms NSE  "Phytosanitary" of the Ministry of 
Agriculture  
5 Diagnostics of extremely dangerous animal diseases, 
included into the list, approved by the Government of the Republic of Kazakhstan   
6 Registration tests, survey and attestation of veterinary 
medicines, feedstuff and feed additives, as well as the 
control of veterinary medicine shipments (lots) under their reclamation  NSE "National Veterinary Laboratory" of 
the Ministry of Agriculture  
7 Liquidation of extremely dangerous animal disease nidi 
included into the list approved by the Government of 
the Republic of Kazakhstan  
8 Disinfection of vehicles at veterinary check stations at 
national borders  
9 Storage of national stock of veterinary medicines  NSE "National Antiepizootic Crew" of the 
Ministry of Agriculture  
10 Protection of trademarks, service marks, appellations of 
origin of goods, inventions, utility models, industrial designs and selective breeding achievements  NSE "National Institute of Intellectual 
Property" of the Ministry of Justice  
11 Production of personal identification documents of the 
Republic of Kazakhstan NSE "Informational Production Centre" of 
the Committee of Registration Service under 
the Ministry of Justice  
12 Conduct of State Hydrometeorologic Monitoring and 
Monitoring of Environment Situation NSE "Kazgidromet" of the Ministry of 
Environment Protection  
13 Pre-licensing survey of enterprises for the right of 
production of ethyl alcohol and other alcohol products, 
adjustment of alcohol measuring devices and control calibration of registering devices NSE "KazAlkoCentre" of Tax Committee 
under the Ministry of Finance of the 
Republic of Kazakhstan  
14 Application of a technology (or methods) in conducting 
unified national testing, complex testing, and interim 
state control of educational institutions and certification of educational institutions NSE "National Centre of State Standards in 
Education and Testing" of the Ministry of 
Education and Science  
15 Collection, preservation, storage of blood and disposal 
of blood and its components NSE "National Blood Centre" of the 
Ministry of Healthcare  
16 Protection of information received in the course of  the 
state registration of pharmaceuticals NSE "National Expertise Centre of 
Medicines, Items of Medical Purpose and 
Medical Technology" of the Ministry of 
Health  
17 Maintenance and development of network of election 
system infrastructure NSE "Engineering Technical Center of 
Central Election Commission of 
Kazakhstan" 
18 Carrying out state expertise of construction projects NSE "State Expertise of Projects" of the 
Committee on Construction Affairs and Housing and Utilities Infrastructure 
Source:   Government Resolution "On Approval of the List of Subjects of State Monopoly and Spheres in Which 
the Subjects Have Monopoly Position" WT/ACC/SPEC/KAZ/9/Rev.2 
Page 162  
 
  3(d): Information on state-trading enterprises
 
I.   JSC "Food Contract Corporation" (FCC)  
The JSC "Food Contract Corporation" is a subsid iary of the newly established national holding JSC 
"KazAgro", i.e. 100 per cent of shares of FCC is owned by "KazAgro". 
Legal base:  
- Civil Code of 27 December 1994; 
- The Law of the Republic of Kazakhstan No. 415-II "On Joint Stock Companies" of 13 May 2003; 
- The Law of the Republic of Kazakhstan "O n Grain" of 19 January 2001, No.143-II; 
- The Law "On State Regulation of Agricultural and Industrial Complex and Rural Territories 
Development" of 8 July 2005; 
- The Law of the Republic of Kazakhstan No. 303 "O n Government Procurement" of 21 July 2007. 
FCC carries out its purchases and sales in the following regimes: 
1. Procurement of grain for the state reserves  
 
  Annually the Government of the Repub lic of Kazakhstan allocates funds from the 
republican budget for the purposes of procurement/renewal of the state reserves of food grain. State reserves of food grain are formed with the purp ose to ensure food 
security and address emergency needs. 
 
  FCC carries out such purchases on behalf of the Government of the Republic of 
Kazakhstan as an operator responsible for management of state grain reserves of 
grain. State reserves of grain are in the state (republican) ownership. Therefore, 
procurement for state reserves of grain is carried out by FCC in accordance with the 
procedures, volume and amount established by the Government of the Republic of 
Kazakhstan. Grain is purchased for state reserves from domestic farmers directly in 
volumes and within the funds allocated by the Government.  
 
2. State realization resources of grain
 
  State realization resources of grain are formed in accordance with the Law of the 
Republic of Kazakhstan "On Gr ain". Formation and renewal of state reserves of grain 
are carried out by FCC on behalf of the G overnment of the Republic of Kazakhstan 
from farmers or through transfer of grain from other state resources of grain. Purchases are funded from the republican budget.   Procurement is carried out at fixed 
prices. 
 
  Pursuant to the Resolution of the Gove rnment of the Republic of Kazakhstan No. 394 
of 28 May 2001, state realization resources of grain are allocated for provision of humanitarian assistance, exportation and regulation of domestic market (i.e. interventions).  Use of state realization resources of grain for the purposes of humanitarian assistance and regulation of domestic market are carried out on the basis of the Government decisions. 
  FCC can take decisions on use of state realization resources of grain for the purposes 
of exportation, sales in the domestic market and renewal of state reserves of grain, at its own discretion. 
  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 163 
 
 
  3. Commercial procurement of grain  
  Commercial procurement of grain is ca rried out by FCC at its own as well as 
borrowed funds.  The Government of the Republic of Kazakhsta n does not determine 
the price, volume and procedures used in procurement for commercial purposes.  
FCC independently sets the price and volume of the purchased grain based on its own 
commercial considerations.  
 
4. Sales of grain at the domestic and external  
  Conclusion and implementation of contract s on sale of grain from the state realization 
resources are implemented by FCC in accord ance with the Rules of formation, 
storage, renewal, transportation and use of state resources of grain approved by the 
Resolution of the Government of the Republic of Kazakhstan of 28 May 2001 
No. 394.  
  When (i) state realization resources of grain and (ii) state reserve of grain are not used 
for their intended purpose (i.e. food security and emergency needs, humanitarian 
assistance and regulation of domestic market), FCC may sell the grain at prices, 
volume and destinations at its own discretion.          
  Use of state realization resources of grain in  order to provide export supplies of grain, 
sales at the domestic market and renewal of the state reserves of food grain, state resources of feed grain and state resources of seeds is carried out by FCC  independently in accordance with the actua l commercial price at the grain market. 
FCC can sell the realization resources of grain on the basis of swap contracts.  
5. Purchase of goods for FCC's internal administration needs
 is carried out in 
accordance with the procedures establishe d by the Law of the Republic of 
Kazakhstan "On Government Procurement", which comply with the Model Law of 
the United Nations Commission on Interna tional Trade Law (UNCINTRAL).  The 
Law provides six methods of procurement:  public bidding, closed bidding, 
procurement from one source, and procurem ent with selection of a supplier based on 
price offers, e-commerce and procurement on a commodity exchange. Public bidding is the main method of the procurements.  
Statistics:
 
During the last three years, FCC has purchased grain: 
1. in 2004 
− for state resources (Government owned)  - 464.1 thousand tonnes of grain; 
− FCC commercial purchases – 1,271.1 thousand tonnes of grain. 
2. in 2005 
− for state resources (Government owned)  - 549.9 thousand tonnes of grain; 
− FCC commercial purchases  – 1,123.5 thousand tonnes of grain. WT/ACC/SPEC/KAZ/9/Rev.2 
Page 164  
 
  3. in 2006 
− for state resources (Government owned) - in the amount of up to 502.7 thousands tonnes of 
grain; 
− FCC commercial purchases – 727.1 thousands tonnes of grain. 
Today, more than 238 companies, including produ cers and traders of grain, operate in the grain 
market of Kazakhstan. The FCC and other co mpanies export grain on the competitive basis. 
Kazakhstan's share in the world exports of grain represents 5.6 per cent.  
During the last three years, Kazakhstan exported 11.6 million tonnes of grain, including 
602,000 tonnes exported by FCC. The FCC's share in total grain exports of Kazakhstan is 
5.2 per cent.  Most particularly, the FCC has e xported grain in 2005 – 1,000 tonnes of 2.1 million 
tonnes of total exports from Kaza khstan, in 2006 – 139.4 thousand tonnes of 2.6 million tonnes, in 
2007 - 461.9 thousand tonnes of 6.9 million tonnes.  
II.  JSC "Mal Onimderi Korporatsiyasy" (the Corporation on Animal Origin Products)
 
The JSC "Mal Onimderi Korporatsiyasy" (MOK)  was established in 2001 to support domestic 
producers of agricultural goods. The MOK is a subsid iary of the newly established national holding 
JSC "KazAgro", i.e. 100 per cent of shares of the MOK is owned by "KazAgro". 
Legal base:  
− Civil Code of 27 December 1994; 
− The Law of the Republic of Kazakhstan No . 415-II "On Joint Stock Companies" of 
13 May 2003; 
− The Law "On State Regulation of Agricultural and Industrial Complex and Rural Territories 
Development" of 8 July 2005; 
− The Law of the Republic of Kazakhstan No . 303 "On Government Procurement" of 
21 July 2007; 
− The Government Resolution of the Republic of Kazakhstan No. 149 of 06 March, 2006 
"On Approval of the Program of Priority M easures for 2006-2008 on Implementation of the 
Concept of Sustainable Development of Agricu ltural Sector of the Republic of Kazakhstan 
for 2006-2010". 
− The Government Resolution of the Republic of  Kazakhstan No. 1720 of 27 December 2001 
"On Certain Issues of  Loaning of the JSC "Mal Onimderi Korporatsiyasy"; 
− The Government Resolution of the Republic  of Kazakhstan No. 402 of 17 July 2007 
"On Certain Issues of Procurement and Price Operations of the JSC "Mal Onimderi Korporatsiyasy". 
The MOK carries out its purchase and sale procedures in the following regimes:  1. Procurement operations with animal-origin products
 
 
  The MOK carries out on behalf of the Government procurement operations with 
animal-origin products at the domestic market at fixed prices with the objective to ensure market stabilization based on the deci sions of the Government of the Republic 
of Kazakhstan.  
  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 165 
 
 
    The Government of the Republic of K azakhstan allocates funds from the republican 
budget for procurement of animal-origi n products. Cattle-breeding products 
purchased by the MOK under procurement operations are in state ownership.  
   The MOK purchases the products under the relevant state budget program at the 
prices established by the Ministry of Agriculture. Purchase of the products is carried 
out in accordance with the order of the La w "On Government Procurement". Products 
are purchased from producers of agricultural goods directly.  
  2.  Price interventions of animal-origin products
 
 
  The MOK is an agent of the Government in provision of price intervention of cattle-
breeding products with the purpose to s upport domestic producers. Price intervention 
represents measures undertaken upon the deci sion of the Government of Kazakhstan 
on sales of agricultural goods at the domestic market from the state resources at fixed 
prices. Price interventions are carried out with the purpose to stabilize the domestic 
market in cases when the market prices fo r agricultural goods have been increased 
above the level of the average annual mark et price, which is formed during the 
previous calendar year adjusted for inflati on and defined in the medium-term plan of 
social economical development. 
  Within price interventions, agricultura l goods shall be sold at prices set by the 
Ministry of Agriculture to wholesale and retail sellers and  agricultural processing 
industries through the tender procedure conducted by local executive bodies with participation of the Ministry of Agriculture.  
  In cases when there is no need to und ertake price interventions, MOK could sell 
agricultural goods at the domestic market or export at its own discretion.  
3. Commercial procurement of animal-origin products.
 
  MOK is allowed to purchase and sell th e cattle-breeding products for commercial 
purposes with its own or borrowed funding.  Government does not determine price, 
volume and procedures used for commercial procurement. MOK independently sets the price and amount of the purchased grain in accordance with its own business considerations.  
 4.  Purchase of goods for MOK's internal administration needs
 is carried out in 
accordance with the procedures establishe d by the Law of the Republic of 
Kazakhstan "On Government Pr ocurement" which comply with the Model Law of the 
United Nations Commission on Internati onal Trade Law (UNCINTRAL). The Law 
stipulates six methods of procurement: public  bidding, closed bidding, procurement 
from one source, and procurement with selection of a supplier based on price offers, 
e-commerce and procurement on a commodity exchange.  Public bidding is the main method of the procurements.  
Statistics:
 
In 2002-2006, the share of MOK in total meat production in Kazakhstan was 0.2 per cent, in un-
skimmed milk production- 0.5 per cent (or 25,433 to nnes in 2006).  In 2006, the share of MOK in dry 
milk production was 38 per cent.  The share of MOK in exports of cheese varies from 4.2 per cent to 
31 per cent.  WT/ACC/SPEC/KAZ/9/Rev.2 
Page 166  
 
  In 2006, Kazakhstan produced 30.7 thousand tonnes of w ool with the share of MOK – 6.2 per cent or 
1,900 tonnes.  MOK has exported 1,038 tones of washed wool.  The main markets of wool 
consumption are China, Uzbekistan, the Kyrg yz Republic and the Russian Federation. 
Production of meat in the Republic of K azakhstan and by the JSC "MOK" in 2002-2006
 
slaughtered weight in tonnes  
Producers 2001 2002 2003 2004 2005 2006 
Total production in 
Kazakhstan 654,500 672,200 693,200 737,100 762,200 805,000 
JSC "MOK"  220 298 884 1,985 238 1,380 
Share of the JSC "MOK" 
in the total  production in 
percentage terms 0.03 0.04 0.1 0.3 0.03 0.2 
 
Production of un-skimmed milk in the Republic of  Kazakhstan and by the JSC "MOK" in 2002-2006  
tonnes 
Producers 2002  2003 2004  2005 2006  
Total production in 
Kazakhstan 4,109,800 4,316,700 4,556,800 4,714,600 4,891,900 
JSC "MOK" 8,811 10,577 18,856 41,698 25,433 
Share of the JSC "MOK" 
in the total production in percentage terms  0.2 0.3 0.4 0.9 0.5 
 
III.  JSC "KazAgroFinance"  
Legal base:  
− Civil Code of 27 December 1994; 
− The Law of the Republic of Kazakhstan No . 415-II "On Joint Stock Companies" of 
13 May 2003; 
− The Law "On State Regulation of Agricultural and Industrial Complex and Rural Territories 
Development" of 8 July 2005; 
− The Law of the Republic of Kazakhstan No . 303 "On Government Procurement" of 
21 July 2007; 
− The Law of the Republic of Kazakhstan No. 66 "On Financial Leasing" of 5 July 2000. 
The JSC "KazAgroFinance" is a subsidiary of th e newly established national holding JSC "KazAgro", 
i.e. 100 per cent of shares of "KazAgroFinance" is owned by "KazAgro". 
The JSC "KazAgroFinance" (KAF) was established to carry our on behalf of the Government of 
Kazakhstan leasing and financing of agricultural technology and equipment through the following 
operations: 
− Procurement for subsequent leasing to farm ers of technology and equipment, including 
equipment and machinery for transportation, storage and primary processing of agricultural 
goods, products of fishery  and forestry, vege table crops; mechanization of cattle-breeding 
and poultry farms, forage conservation, spri nkling and irrigation machines; agricultural 
technology including tractors, trailers, machines  for cultivation, harvesting and protection of 
crop; reimbursement of expenses that are dir ectly related to purchase and delivery of the 
above machinery and equipment. Leasing period shall be up to seven years.   WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 167 
 
 
  − Financing of purchase of equipment used for processing of agricultural products, 
reimbursement of expenses that are directly related to purchase and delivery of equipment. 
Financing of purchase of equipment could be carried out through leasing and/or providing 
credit/financing for the period of up to eight years. 
The Government does not regulate the price, qua ntity and origin of technology and equipment 
purchased by KAF for subsequent leasing.  
 1.  Purchase of goods for KAF's internal administration needs  is carried out in 
accordance with the procedures establishe d by the Law of the Republic of 
Kazakhstan "On Government Pr ocurement" which comply with the Model Law of the 
United Nations Commission on Internati onal Trade Law (UNCINTRAL). The Law 
provides six methods of procurement: public  bidding, closed bidding, procurement 
from one source, and procurement with selection of a supplier based on price offers, e-commerce and procurement on a commodity exchange. Public bidding is the main 
method of the procurements.  
Statistics:
 
Import of agricultural technology 
2004 2005 2006 
Technology Total*, 
millions 
of tenge KAF, 
millions 
of tenge KAF 
share, 
% Total*, 
millions 
of tenge KAF, 
millions 
of tenge  KAF 
share, 
% Total*, 
millions 
of tenge KAF, 
millions 
of tenge KAF 
share, 
% 
Tractors 8 286.4 1 610.9 19 10 790.7 858.8 8 8 564.1 1 745.3 20 
Grain 
combains 12 598.2 3 128.7 25 17 097.2 4 406.8 26 10 195.8 7 877.7 77 
Seeding 
machineries 5 157.8 272.3 5 7 543.8 5 463.3 72 7 588.6 4 495.4 59 
Other 1 322.5 448.1 34 1 782.0 129.5 7 3 953.6 72.1 2 
Total 27 364.9 5 460.2 20 37 213.7 10 858.5 29 3 302.1 14 190 47 
* data of the Statistics Agency of the Republic of Kazakhstan 
  
  WT/ACC/SPEC/KAZ/9/Rev.2 
Page 168 ANNEX 4 
List of services provided by natural monopolies  
Number of natural monopoly 
entities providing such types of 
services included in the State 
Register No. Types of activities referred to 
the sphere of natural monopoly 
in accordance with the Law of 
the Republic of Kazakhstan 
(hereinafter RK) "On Natural 
Monopolies" Regulated types of services 
Republican 
sections Local sections Total Regulation mechanism 
1 Transportation of oil and/or oil 
products by main pipelines 
(CPC (713, 7131, 7139, 71310)) 
 1) 1)  operator activity on uniform routing;  
 2)  pumping oil over the main pipeline system;  
 3)  pouring oil out from railway tanks;  
 4)  filling of oil into railway tanks;  
 5)  filling of oil into tankers;  
 6)  pouring out oil from vehicle tankers;  
 7)  filling of oil into vehicle tankers;   8)  storage of oil;  
 9)  trans-shipment (conveyance) of oil;  
 10)  mixture of oil. 2  2 Approval of a tariff (prices, fee rates); 
Approval of tariff estimates;  Imposition of a temporary 
decreasing coefficient; 
Special order of expenses accumulation. 
2 Transportation of gas and/or gas 
condensate by main and/or distributing pipelines, operating 
of gas distributing settings and 
connected gas distributing pipelines  (CPC (713, 7131, 7139, 71310)) -  Transportation of natural gas by main pipelines; 
-  Transportation of natural gas by distributing 
pipelines for consumers of  the Republic of 
Kazakhstan; 
- Transportation of liquefied hydrocarbon gas via gas 
pipelines from group reservoir installation up to the crane on input of the consumer; 
-   Storage of natural gas. 3 
10 
  
3 
  
2  
5 
  
33 8 
43 
  
3 
  
2 Approval of a tariff (prices, fee rates); 
Approval of tariff estimates;  Imposition of a temporary 
decreasing coefficient; Special order of expenses accumulation. 
 3 
 
 Delivery and/or distribution of 
of electric power  
(CPC 87700) Delivery and/or distribution of electric power. 
 54 
 
  179 
 
 233 
 
  Approval of a tariff (prices, fee rates); 
Approval of tariff estimates;  Imposition of a temporary 
decreasing coefficient; Special order of expenses accumulation. 
4 Technical production control of 
delivery into the network and 
consumption of electric power  
(CPC 87700) Technical production control of delivery into the 
network and consumption of electric power. 1  1 
 Approval of a tariff (prices, fee rates); 
Approval of tariff estimates;  Imposition of a temporary 
decreasing coefficient; 
Special order of expenses accumulation. 
5 Production, delivery, 
distribution and/or supply of heat energy  
(CPC 88) Production of heat energy by 
-  Delivery and/or distribution of heat energy; -  Supply of heat energy; 
-  Production, delivery and distribution of heat energy; 
-  Production, delivery, distribution and/or supply of 
heat energy.   
18 
4 
15 
17 25  
  
162  
18 
176 
15 
17 25 Approval of a tariff (prices, fee rates); 
Approval of tariff estimates;  Imposition of a temporary 
decreasing coefficient; 
Special order of expenses accumulation.  
   WT/ACC/SPEC/KAZ/9/Rev.2
 Page 169Number of natural monopoly 
entities providing such types of 
services included in the State 
Register No. Types of activities referred to 
the sphere of natural monopoly 
in accordance with the Law of 
the Republic of Kazakhstan 
(hereinafter RK) "On Natural 
Monopolies" Regulated types of services 
Republican 
sections Local sections Total Regulation mechanism 
6 Services of main railway 
network 
(CPC 71111, 71112)  
 
  
(CPC 7112) 
 (CPC 71124) - Transportation of cargo by republican and 
international communications, excluding transit 
transportation; 
- Transportation of passengers by railways in 
republican and international communications, 
excluding transportation of passengers by trains formed of the carriages produced by "Patents Talgo 
SA" Spanish company;  
- Transportation of luggage and cargo by railways; - Transportation of mail by railways. 1 
 
 
1 
 
  
 
1 1  
 
  1 
 
 
1 
 
  
 
1 1 Approval of a tariff (prices, fee rates); 
Approval of tariff estimates;  Imposition of a temporary 
decreasing coefficient; Special order of expenses accumulation. 
7 Approaching ways services   Approaching ways se rvices. 2 92 90 Approval of a tariff (prices, fee rates); 
Approval of tariff estimates;  Imposition of a temporary 
decreasing coefficient; 
Special order of expenses accumulation. 
8 Aeronavigation services 
(CPC 7453) - Aeronavigation servicing in airspace of RK; 
- Aeronavigation servicing in the aerodrome area. 1 
1  1 
1 Approval of a tariff (prices, fee rates); 
Approval of tariff estimates;  Imposition of a temporary 
decreasing coefficient; Special order of expenses accumulation. 
9 Port services 
(CPC 745) - Shipment and dumping works provided by means 
and forces of port; 
-  Services for calling of ship  at the port for loading and 
others purposes. 1 
1 
 
1 
 
1 
1 1 
 
1 
 
 
1 
 
1 
2  1 
1 
 
1 
 
1 
1 1 
 
1 
 
 
1 
 
1 
2 Approval of a tariff (prices, fee rates); 
Approval of tariff estimates;  Imposition of a temporary 
decreasing coefficient; 
Special order of expenses accumulation.  
  WT/ACC/SPEC/KAZ/9/Rev.2 
Page 170 Number of natural monopoly 
entities providing such types of 
services included in the State 
Register No. Types of activities referred to 
the sphere of natural monopoly 
in accordance with the Law of 
the Republic of Kazakhstan 
(hereinafter RK) "On Natural 
Monopolies" Regulated types of services 
Republican 
sections Local sections Total Regulation mechanism 
10 Airport services  
(CPC 731) - Services on providing take off and landing of an 
aircraft; 
- Services on providing aviation  safety; -   Providing of place for stand of aircraft for the period 
of over 3 hours after landing for passenger planes 
and over 6 hours for freight certified aircrafts having 
freight (mail) subject to  handling (loading) in the 
airport of landing; 
-   Providing of place for stand of aircraft in the base 
airport;  
-   Providing of workbench (area) for passenger 
registration. 2 
 
 
2 18 
 
 
18 20 
 
 
20 Approval of a tariff (prices, fee rates); 
Approval of tariff estimates;  Imposition of a temporary 
decreasing coefficient; Special order of expenses accumulation. 
11 Telecommunication services 
with the use of local networks  (CPC (752, 75211, 75212)) 1.  Telecommunication services, when there was no 
other competing operator due to the fact that it might be economically and technically 
infeasible to enter the market, except for 
universal telecommunication services: 
1)  Telephone traffic services for communication 
operators: 
 
 - local telephone traffic;  - area telephone traffic; 
 - long-distance telephone traffic; 
 - international telephone traffic; and  - telephone traffic from/to the cellular 
network operators; and 
 - telephone traffic of IP-operators (Internet 
Phone). 
              
2)  Services to connect communication operators to 
the universal telecommunications network at: 
 
 - local level;  - area and long-distance level; and 
 - long-distance and international level. 3 
  
 
   
 
  
 
  
 
  
 12 
  
 
  15 
  
 
   
 
  
 
  
 
  
 Approval of a tariff (price, fee rates); 
Approval of tariff estimates;  Imposition of a temporary 
decreasing coefficient; 
Special order of expenses accumulation.  
   WT/ACC/SPEC/KAZ/9/Rev.2
 Page 171Number of natural monopoly 
entities providing such types of 
services included in the State 
Register No. Types of activities referred to 
the sphere of natural monopoly 
in accordance with the Law of 
the Republic of Kazakhstan 
(hereinafter RK) "On Natural 
Monopolies" Regulated types of services 
Republican 
sections Local sections Total Regulation mechanism 
 12 Water management and 
sewerage system services  
(CPC (940, 401, 9401, 94010)) Water management sewerage system services:  
 
- Regulation of surface drain by means of retaining 
hydraulic engineering constructions; 
- Supply of water by main networks; 
- Supply of water by distributing networks; -  Supply of water by canals. 
 
Sewerage system services:  
-  Drainage of sewage water; 
-  Purification of sewage water.  
 
2 
 
14 
34 
2 
 
  
31 
16  
 
  
315 
315 
 
 
  
159 
159  
 
2 
 
329 
349 
2 
 
  
190 
175 Approval of a tariff (price, fee rates); 
Approval of tariff estimates;  Imposition of a temporary 
decreasing coefficient; Special order of expenses accumulation. 
13 Public mail services  
(CPC 751) - Sending of a letter; 
- Sending of a card; - Sending a postal wrapper. 1 
1 1  1 
1 1 Approval of a tariff (price, fee rates); 
Approval of tariff estimates;  Imposition of a temporary 
decreasing coefficient; 
Special order of expenses accumulation 
Source:  Government Resolution No. 155 of 14 March 2006WT/ACC/SPEC/KAZ/9/Rev.2 
Page 172  
 
  ANNEX 5 
Nomenclature of Telecommunication Services and Telecommunication 
 
Technologically Related Services subj ect to Government-regulated Prices  
 1.  Telecommunication services, when there was no other competing operator due to the fact that 
it might be economically and technically infeasibl e to enter the market, except for universal 
telecommunication services: 
 1)  Telephone traffic services for communication operators: 
- local telephone traffic; 
- area telephone traffic; 
- long-distance telephone traffic; 
- international telephone traffic; - telephone traffic from/to the cellular network operators; and 
- telephone traffic of IP-operators (Internet Phone). 
             2)  Services to connect communication operators to the universal telecommunications 
network at: 
- local level; 
- area and long-distance level; and - long-distance and international level. 
2. Leasing and provision of access to cable channels for connecting telecommunications 
networks to the universal telecommunications network: 
- provision of access for communication operators to telephone channels. 
  
Source:   Government Resolution No. 155 of 14 March 2006   WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 173 
 
 
  ANNEX 6  
6(a): List of developing countries and customs terr itories eligible for special preferential treatment 
(GSP) in Kazakhstan  
 
1. Albania 53. Former Yugoslav Republic of Macedonia 
2. Algeria 54. Malta 
3. Angola  55. Malaysia 
4. Antigua and Barbuda 56. Morocco 
5. Angela  57. Marshall Islands 
6. Argentina 58. Mexico 
7. Aruba  59. Micronesia 
8. Bahamian Island 60. Mongolia 
9. Barbados 61. Montserrat 
10. Bahrain 62. Namibia 
11. Belize 63. Nauru 
12. Bermudian Islands 64. Nigeria 
13. Bolivia 65. Netherlands Antilles Islands 
14. Brazil  66. Nicaragua 
15. British Virgin Islands 67. Niger 16. Brunei Darussalam 68. United Arab Emirates 
17. Venezuela 69. Oman 
18. Vietnam 70. Saint Elena Islands 
19. Gabon 71. Turks and Caicos Islands 
20. Guyana 72. Pakistan 
21. Ghana 73. Panama 
22. Guatemala 74. Papua New Guinea 
23. Honduras 75. Paraguay 
24. Hong Kong 76. Peru 
25. Grenada 77. Romania 
26. Dominica 78. Salvador 
27. Dominican Republic 79. Saudi Arabia 
28. Egypt  80. Swaziland 
29. Zimbabwe 81. Seychelles 
30. India  82. Senegal 
31. Indonesia 83. Saint Vincent and the Grenadines 
32. Jordan 84. Saint Kitts and Nevis 
33. Iraq  85. Saint Lucia 
34. Iran  86. Singapore 
35. Cayman Islands 87. Syria 
36. Cameroon 88. Slovenia 
37. Qatar  89. Surinam 
38. Kenya 90. Thailand 
39. Cyprus 91. Tokelau Islands 
40. China* 92. Tonga 
41. Democratic People's Republic of  Korea 93. Trinidad and Tobago 
42. Columbia 94. Tunisia 
43. Congo 95. Turkey 
44. Republic of Korea 96. Uruguay 
45. Costa-Rica 97. Fiji 
46. Cote d'Ivoire 98. Philippines 
47. Cuba  99. Croatia 
48. Kuwait 100. Chile 49. Cook Islands 101. Sri Lanka 
50. Lebanon 102. Ecuador 
51. Libya  103. Serbia 
52. Mauritius 104. Montenegro  
  105. Jamaica 
* - custom duties applicable to imported products originat ing from the Separate Customs Territory of Taiwan, Penghu, 
Kinmen and Matsu  shall be levied at the same rate as products originating from China WT/ACC/SPEC/KAZ/9/Rev.2 
Page 174  
 
  6(b): List of least-developed countries eligible to receive duty free treatment
 
1. Afghanistan 25. Madagascar 
2. Bangladesh 26. Malawi 
3. Benin  27. Mali 
4. Burkina Faso 28. Maldives 
5. Burundi 29. Mozambique 
6. Botswana 30. Myanmar 
7. Bhutan  31. Nepal 8. Vanuatu 32. Niger 
9. Haiti  33. Rwanda 
10. Gambia 34. West Samoa 
11. Guinea 35. Sao Tome and Principe 
12. Guinea Bissau 36. Solomon Islands 
13. Djibouti 37. Somali 
14. Zaire  38. Sudan 
15. Zambia 39. Sierra Leone 
16. Yemen 40. Tanzania 
17. Cape Verde 41. Togo 
18. Cambodia 42. Tuvalu 
19. Kiribati 43. Uganda 
20. Comorian Islands 44. Central African Republic 
21. Laos  45. Chad 
22. Lesotho 46. Equatorial Guinea 
23. Liberia 47. Ethiopia 
24. Mauritania 
  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 175 
 
 
  6(c): List of goods under the preferential import re gime for developing countries, customs territories 
and least-developed countries  
HS Description of products 
03 (exc. 0305)  Fish and crustaceans, mollusks an d other aquatic inverteb rates, except salmon 
and sturgeon fish  
05                                 Foodstuffs of animal origin, not specified or included elsewhere 
06                     Trees and other live plants;  bulbs, roots and other analogous parts of plants: cut 
flowers and decorative green                                    
07 (exc. 0701, 0703)    Edible vegetables and certain roots and tubers 
08                          Edib le fruit and nuts; peel of citrus fruit or melons 
09         Coffee, tea, Paraguay tea and spices       
12                      Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial 
or medicinal plants; straw and fodder 
13     Lac; gums; resins and other vegetable saps and extracts 
14         Vegetable materials for plaiting production; vegetable products not elsewhere 
specified or included 
15 (exc.1509,  1517-1522 00)   Animal or vegetable fats and oils and their cleavage products;  prepared edible 
fats; animal or vegetable waxes 
16 (exc.1601 00, 1602, 1604 30)               Preparations of meat, fish or crustaceans , mollusks or other aquatic invertebrates 
(except sturgeon and salmon caviar; de licacies of salmon and sturgeon fish) 
1801 00 000 0            Cocoa beans, whole or broken, raw or roasted 
1802 00 000 0            Cocoa shells, husks, skins and other cocoa waste 
2103           Sauces and products for their preparations; mixed condiments and seasonings; 
mustard flour and prepared mustard 
2104      Soups, broths and products for their preparations; homogenized prepared edible 
products  
2401                     Raw tobacco; tobacco waste                          
25 (exc. 2501 00,       2503 00, 2523,           
2529 21 000 0,           
2529 22 000 0)           Salt; sulphur; earths and stone; plastering materials, lime and cement                       
26                       Ores, slag and ashes                                       
3003          Medicaments (excluding HS 3002, 3005 or 3006) consisting of two or more 
constituents which have been mixed togeth er for therapeutic or prophylactic uses, 
not put up in measured doses or in forms or packings for retail sale 
32         Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and 
other colouring matter; paints and varnushes; putty and other mastics; inks 
3301, 3302                           Essen tial oils and resinoids; perfumery, cosmetic or toilet preparations 
3402                Organic surface- active agents (other than soap); surface- active preparations, 
washing preparations (including auxilia ry washing preparations) and cleaning 
preparations, whether or not containing soap, other than HS 3401 
35                Albuminoidal substances; modified starches; glues; enzymes 
3923   Articles for the conveyance or packing of goods, of plastics; stoppers, lids, caps 
and other closures, of plastics 
4001     Natural rubber, balata, gutta-percha, guayule, chicle and similar natural gums, in 
primary forms or in plates, sheets or strip 
4403 41 000 0,           
4403 49                  Dark red meranti, light red meranti and meranti bakau 
4407 21 - 4407 29 Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, 
sanded or finger- jointed, of a thickness exceeding 6 mm of tropical wood 
4420        Wood marquetry and inlaid wood; caskets and cases for jewellery or cutlery, and 
similar articles, of wood; statuettes and other ornaments, of wood; wooden 
articles of furniture not falling in Chapter 94 WT/ACC/SPEC/KAZ/9/Rev.2 
Page 176  
 
  HS Description of products 
4421                     Other articles of wood 
45                       Cork and articles of cork 
46                     Manufactures of straw, of esparto or of other plaiting materials; basket ware and 
wicker work 
50                       Silk                                                   
53                  Other vegetable textile fibres; paper yarn and woven fabrics of paper yarn 
56            Wadding, felt and non wovens ; special yarns; twine, cordage, ropes and cables 
and articles there of 
5808                  Braids in the piece; ornamental trimmings in the pi ece, without embroidery, other 
than knitted or crocheted; tassels, pompons and similar articles 
6702 90 000 0     Artificial flowers, foliage and fruit and parts thereof; articles made of artificial 
flowers, foliage or fruit, other materials 
6913                     St atuettes and other orname ntal ceramic articles 
6914                     Other ceramic articles 
7018 10       Glass beads, imitation pearls, imitation precious or semi– precious stones and 
similar glass smallwares 
7117                     Imitation jewellery 
9401 51 000 0           Seats of cane, osier, bamboo or similar materials 
9403 81 000 0                 Furniture of other materials, including cane, osier, bamboo or similar materials 
9403 90 900 0          Parts furniture of other materials (except tree and metal)                                         
9601    Processed ivory, bone, tortoise- she ll, horn, antlers, coral, mother- of- pearl and 
other animal carving material, and articles of these materials (including articles obtained by moulding)                              
9602 00 000 0              Processed vegetable or mineral carving material and articles of these materials 
n.e.s; moulded or carved articles of wax, of paraffin, of stearin, of natural gums 
or natural resins or of modelling pastes, and other moulded or carved articles not 
specified or included elsewhere; Processed gelatin, non-solidified (other than 
gelatin HS 3503) and products from non-solidified gelatin.  
9603          Brooms, brushes (including br ushes constituting parts of machines, appliances or 
vehicles), hand- operated mechanical floor sweepers, not motorized, mops and 
feather dusters; prepared knots and tufts for broom or brush making; paint pads 
and rollers; squeeg ees (other than roller squeegees)  
9604 00 000 0            Hand sieves and hand riddles 
9606         Buttons, press- fasteners, snap- fasteners and press- studs, button moulds and 
other parts of these articles; button blanks: 
9609        Pencils (other than pencils HS 9608), crayons, pencil leads, pastels, drawing 
charcoals, writing or drawing chalks and tailors' chalks 
9614 00 Smoking pipes (including pipe bowls) and cigar or cigarette holders, and parts 
thereof 
9615 11 000 0             Combs, hair- slides and the like; ebonite or plastic of 
9617 00          Vacuum flasks and other vacuum vessels, complete with cases; parts thereof 
other than glass inners 
97                             Works of art, collectors' pieces and antiques 
Note: Products are determined by HS code and by description.  
   WT/ACC/SPEC/KAZ/9/Rev.2
 Page 177ANNEX 7 
Methodology of calculation of customs fee rates for escort  
 
No. Number of 
kilometres Number of 
days spent 
in customs 
export (with 
average 
travelling of 
300 km). Quantity of fuel 
used (in litres), was 
calculated pursuant 
to Rules on 
Standards for Use 
of Fuel (Order of 
Ministry of 
Transports of 
20 July 2001 Cost of fuel, in 
KZT (the 
average cost 
of 1 litre of 
fuel is taken as 
KZT 62) Cost for cargo escort 
including travel 
allowances (per diem - 
KZT 1,030, 
accommodation – 
KZT 3,090 per day) 
and depreciation 
(KZT 370 per day) Costs in € 
with the 
average 
exchange 
rate – 
KZT 166.02 
per € Costs of the 
second officer 
conducting 
escort (per 
annum and 
accommodation 
allowances) Costs in € 
with the 
average 
exchange 
rate – 
KZT 166.02 
per € Costs for return travel 
(fuel + depreciation), 
KZT Total Costs 
(in €) 
1 50 - 6 372 742 4 - - 742 9 
2 75 - 9 558 928 6 - - 928 11 
3 150 - 18 1,116 1,486 9 - - 1,486 18 
4 300 1 36 2,232 6,722 40 4,120 25 2,602 81 
5 500 2 61 3,782 9,672 58 5,150 31 4,522 117 
6 700 2 85 5,270 11,160 67 5,150 31 6,010 134 
7 900 3 109 6,758 17,138 103 9,270 56 7,868 206 
8 1,250 4 152 9,424 24,294 146 13,390 81 10,904 293 
9 1,750 6 212 13,144 38,480 232 21,630 130 15,364 455 
10 2,250 8 273 16,926 49,756 300 29,870 180 19,886 599 
 
Calculation of depreciation was based on widely used "Niva" automobile: 
− Average price of the car – KZT 900,000; 
− Per annum depreciation rate – 15 per cent; 
− 900,000*15/100=135,000; and 
− 135,000/365days=KZT 370 per day. 
 Pursuant to limits established in 2006 republican budget: 
− per diem = KZT 1,030; and 
− accommodation = KZT 3,090. 
 
 WT/ACC/SPEC/KAZ/9/Rev.2 
Page 178  
 
  ANNEX 8 
Goods (works, services) the sales turnover of which is exempted from VAT 
 
 
1. state marks of mail payment; 
2. excise stamps (accounting and control stamps in tended for the marking of excisable goods in 
accordance with Article 549 of this Code); 
3. services performed by authorized agencies in connection with which stamp duty is charged; 
4. services provided by attorneys and notaries; 
5. goods (work, services) provided (performed) by the National Bank of the Republic of 
Kazakhstan; 
6. property sold through the privatization of state property; 
7. 6-1) property redeemed for the state needs in accordance with the legislation of the Republic 
of Kazakhstan; 
8. the transfer of fixed assets free of charge  to government institutions, or government 
enterprises in accordance with the legislation of the Republic of Kazakhstan; 
9. contributions to authorized capital; 
10. the return of property received as a contribution to authorized capital; 
11. burial services provided by funeral homes , cemetery and crematorium services; 
12. sales turnover involving lottery tickets, with the exception of services related to their sale; 
13. services related to providing information a nd technological cooperation among settlement 
participants, including services related to the collection, processing, and mailing of bank card statements to settlement participants; 
14. 12-1) services related to processing and/or repa ir of goods imported on the customs territory 
of the Republic of Kazakhstan under the "Processi ng of goods on the customs territory of the 
Republic of Kazakhstan" regime; 
15. 12-2) works and services related to transpor tation which are treated as international in 
accordance with Article 224 of this Code, namely: work, services on loading, unloading, overload (discharge-pouring in), forwarding of  goods, including mail, which are exported 
from the territory of the Republic of Kazakhsta n and imported on the territory of the Republic 
of Kazakhstan, as well as freight in transit; technical, air, airport services; sea port services related to international voyages; 
16. 12-3) services related to management, mainte nance and exploitation of housing stock; 
17. sales turnover referred to in Articles 226-233 of this Code; 
18. banknotes and coins in national currency; 
19. goods (work, services) (except for sales turnove rs of goods (work, services) from trade and 
agency business and turnovers on manufacture and sale of excisable goods and types of activities) of public associations of disabled persons, as well as production organizations, if 
such associations and organizations meet the following conditions: 
20. disabled persons account for at least 51 percent of the total number of employees of such 
production organizations; 
21. expenditures on labour compensation for disabled persons account for at least 51 per cent of 
total expenditures on labour compensation (not  less than 35 per cent at specialized 
organizations that employ persons with disabilities involving loss of hearing, speech, and vision); 
22. annulled; 
23.
 Kazakhstani goods defined in accordance with th e customs legislation of the Republic of 
Kazakhstan, which are produced under the cust oms regime "Free Warehouse" and Sold from 
said territory to the Rest customs territory of the Republic of Kazakhstan; 
24. goods sold on the territory of special economic zones, and used when carrying out the types 
of activity mentioned in sub-item 3) of item 1 of  Article 140-1 of this Code on the territory of 
a special economic zone;    WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 179 
 
 
  25. Subparagraph annulled by the Law of the RK No. 140 of 6 May 2006 (enforced from 
1 January  2007); 
26. services involving leasing premises of a rent al house under the le gislation on housing 
relations. 
The lists of goods mentioned in s ub-items 17) and 18) of the present Article shall be approved by the 
Government of the Republic of Kazakhstan. 
 
Source: Tax Code (Article 225) as amended by Law No. 201 of 11 December 2006 (in force as of 1 
January 2007).  
  WT/ACC/SPEC/KAZ/9/Rev.2 
Page 180 ANNEX 9 
9(a): List of activities subject to activity licensing prior to importation   
HS Number Goods Authorized body issuing an 
import licence Type of activity subject to 
licensing Authorized body issuing an 
activity licence Expertise of relevant bodies 
871000000, 8802 (except 
880211100, 880212100, 
880220100, 
880230100,880240100), 
8803 (except 880310100, 
880320100, 880330100, 
880390910), 880400000, 
(only for military purposes) 
8805 (except 880520100), 
890600100, 930100000, 
30200, only to fighting guns), 
9306 (except 930610000, 
930629400, 930630910-
930630980, 930690900, 
901310000 (only for military 
purposes) 901320000 (only 
for military purposes) 901380 
(only for military purposes), 9014 (only for military 
purposes), 8525 (only for 
military purposes), 8526 
(only for military purposes) Armament and military 
equipment, and special 
components for their 
production Industry and Scientific and 
Technical Development 
Committee under the 
Ministry of Industry and 
Trade Sale of weapons and 
ammunition to it, military 
equipment, spare parts, 
components and appliances 
to them, if they are not used 
in other industries Industry and Scientific and 
Technical Development 
Committee under the 
Ministry of Industry and 
Trade  Authorized bodies in the field 
of sanitary and 
epidemiological control;  
authorized bodies in the field 
of environmental protection 
2844 (except  oxide- 
protoxide of natural uranium, 
unity of uranium by 
enrichment till 20% under 
uranium isotope 235 and 
sources of radiation ionizing, 
which not contain divisible 
element), 2845, 380110000 
only pure nuclear graphite), 
8401, 711041000 Nuclear materials, 
technologies, equipment and 
settlements, special non 
nuclear materials, sources of 
active radiation, including 
radioactive waste products Industry and Scientific and 
Technical Development 
Committee under the 
Ministry of Industry and 
Trade Importation of nuclear 
materials, technology and 
equipment, special non 
nuclear materials; double 
purpose goods, technologies 
and equipment, source of 
ionizing radiation, 
radioactive substances Atomic Energy Committee 
under the Ministry of Energy 
and Mineral Resources   
   WT/ACC/SPEC/KAZ/9/Rev.2
 Page 181HS Number Goods Authorized body issuing an 
import licence Type of activity subject to 
licensing Authorized body issuing an 
activity licence Expertise of relevant bodies 
9022  X-ray equipment, devices 
and equipments with use of 
radio-active substances and 
isotopes Industry and Scientific and 
Technical Development 
Committee under the 
Ministry of Industry and 
Trade of the Republic of 
Kazakhstan Sale of X-ray equipment, 
devices and equipment using 
of radioactive substances and 
isotopes Atomic Energy Committee 
under the Ministry of Energy 
and Mineral Resources of the 
Republic of Kazakhstan Expertise of st ate bodies in 
the field of sanitary and 
epidemiological control is 
required  
According to list confirmed by the Government of the 
Republic of Kazakhstan Poison  
                                     
                       Industry and Scientific and 
Technical Development 
Committee under the 
Ministry of Industry and 
Trade of the Republic of 
Kazakhstan Sale of poison according to 
list confirmed by the 
Government of the Republic 
of Kazakhstan Industry and Scientific and 
Technical Development 
Committee under the 
Ministry of Industry and 
Trade of the Republic of 
Kazakhstan Expertise of st ate bodies in 
the field of sanitary and 
epidemiological control, 
environment protection and 
industrial safety is required 
8471 (only  figure typed techniques) 
847330 (only for figure typed 
techniques) 
854390900 (only for figure 
typed techniques) Cryptographic means* 
(including cryptographic 
techniques, components for 
cryptographic techniques and 
programme packets for 
cryptographic code) Industry and Scientific and 
Technical Development 
Committee under the 
Ministry of Industry and 
Trade of the Republic of 
Kazakhstan Sale of cryptography means 
of the information's 
protection  National Security Committee 
of the Republic of 
Kazakhstan  Expertise of st ate bodies in 
the field of sanitary and 
epidemiological control and 
environment protection is 
required 
360100000 (except for the 
gunpowder) 360200000, 
360300, 3604 Gunpowder, explosives, 
means of exploding and  
pyrotechnics  Industry and Scientific and 
Technical Development 
Committee under the 
Ministry of Industry and 
Trade of the Republic of 
Kazakhstan 1.  Trade of explosives and 
pyrotechnics and devices 
using them, (except for 
civil pyrotechnics and 
devices using them) 
2.  Trade of civil 
pyrotechnics and devices 
using them  Industry and Scientific and 
Technical Development 
Committee under the 
Ministry of Industry and 
Trade of the Republic of 
Kazakhstan  
Ministry of Internal Affairs  
of the Republic of 
Kazakhstan  Expertise of st ate bodies in 
the field of sanitary and 
epidemiological control and 
environment protection is 
required 
According to list confirmed 
by the Government of the 
Republic of Kazakhstan Official and civil arms         
                                      Industry and Scientific and 
Technical Development 
Committee under the 
Ministry of Industry and Trade of the Republic of 
Kazakhstan Trade of fire-arms, civil and 
official arms and their 
cartridges Ministry of Internal Affairs  
of the Republic of 
Kazakhstan  Not required 
According to list confirmed 
by the Government of the 
Republic of Kazakhstan Means of protection from 
fighting toxic substances, its 
parts and accessories      
                       Industry and Scientific and 
Technical Development 
Committee under the 
Ministry of Industry and 
Trade of the Republic of 
Kazakhstan Not required - Expertis e of state bodies in 
the field of sanitary and 
epidemiological control and 
environment protection is 
required  
  WT/ACC/SPEC/KAZ/9/Rev.2 
Page 182 HS Number Goods Authorized body issuing an 
import licence Type of activity subject to 
licensing Authorized body issuing an 
activity licence Expertise of relevant bodies 
3808 (only preparations for 
plant protection) Chemical means of plants 
protection Industry and Scientific and 
Technical Development 
Committee under the 
Ministry of Industry and 
Trade of the Republic of 
Kazakhstan Sale of pesticides  Ministry of Agriculture of the 
Republic of Kazakhstan 
 Expertise of st ate bodies in 
the field of sanitary and 
epidemiological welfare is 
required 
261800000-2620, 3915 Industrial wastes 
 Industry and Scientific and 
Technical Development 
Committee under the 
Ministry of Industry and 
Trade of the Republic of 
Kazakhstan 1. Import in the Republic of 
Kazakhstan ozone-
destructing substances 
and products containing 
such substances 
2.  Trans-border 
transportation of 
hazardous industrial 
wastes of the 1-3 class of 
danger Ministry of  Environmental 
Protection of the Republic of 
Kazakhstan 
 Expertise of st ate bodies in 
the field of sanitary and 
epidemiological control is 
required 
2207 Ethyl alcohol               Tax Committee under the 
Ministry of Finance of the 
Republic of Kazakhstan  
 Production of alcoholic 
beverages  Tax Committee under the 
Ministry of Finance of the 
Republic of Kazakhstan  
 Expertise of st ate bodies in 
the field of sanitary and 
epidemiological control and 
environment protection is required 
2204, 2205, 2206 Alcoholic beverages 
(excluding beer) Tax Committee under the 
Ministry of Finance of the 
Republic of Kazakhstan  
 Production of alcoholic 
beverages or Storage and 
wholesale sale of alcoholic 
beverages (except for beer)  Tax Committee under the 
Ministry of Finance of the 
Republic of Kazakhstan  
 Expertise of st ate bodies in 
the field of sanitary and 
epidemiological control and 
environment protection is 
required 
121190800           Opium raw materials 
(medicinal  herbs) 
 Industry and Scientific and 
Technical Development 
Committee under the 
Ministry of Industry and 
Trade of the Republic of Kazakhstan Import and export of drugs, 
psychoactive substances, 
precursors Ministry of Internal Affairs  
of the Republic of 
Kazakhstan Not required  
   WT/ACC/SPEC/KAZ/9/Rev.2
 Page 183HS Number Goods Authorized body issuing an 
import licence Type of activity subject to 
licensing Authorized body issuing an 
activity licence Expertise of relevant bodies 
830170000, 
847130000, 847141900, 
847149900, 847150900, 
847330100, 851750, 
851780900, 851810, 
851840,  851850900, 
852032,  852033, 
852090900, 8521, 8525, 
8526, 8527 854389900, 900219000, 900580000, 
9013, 901910900, 9006, 
902219000, 902229000, 
(only special technical 
devices, devices of 
information defence and 
other techniques of double 
application) Special technical devices 
intended for special 
operative- investigation 
activity, means of 
information protection, other 
techniques of double purpose Industry and Scientific and 
Technical Development 
Committee under the 
Ministry of Industry and 
Trade of the Republic of 
Kazakhstan  Sale of Special technical 
devices intended for special 
operative- investigation 
activity National Security Committee  
of the Republic of 
Kazakhstan Expertise of st ate bodies in 
the field of sanitary and 
epidemiological control and 
environment protection is 
required 
 
* Note:  
Types of special technical devices for covert information retrieval:   
 
1.  Special technical devices for covert interception and regi stration of information from the technical communication channels , computer systems and fro m other technical devices 
(from HS 8471 30 000; 8471 41 900;  8471 49 900; 8471 50 900) 
2.  Special technical devices for covert receiving (measuring, removing) of informa tion from technical devices, for storage, pr ocessing and transferring of information (from 
HS 8471 30 000; 8471 41 900; 8471 49 900; 8471 50 900) 
3.  Special technical devices for technical channels of inform ation leakage and the embedded te chnical devices including radio equipment intended for contro l and detection of radio 
devices location (from HS 8471 30 000; 8471 41 900; 8471 49 900; 8471 50 900) 
Types of technical device s of double application:  
4.  Technical and program devices for equipping computers and computer systems allowing to produce multi-channel (from two and more lines) registration (recording) of telephone 
conversations (from HS 8471 41 900; 8471 49 900;  8471 50 900; 8473 30 100)  (source: Resolution No. 1247 of 26 September 2001)  
  
  WT/ACC/SPEC/KAZ/9/Rev.2 
Page 184 9(b): List of goods subject to import (and export) licensing   
HS Number Goods Ministries responsible 
for administration of 
licence Ministries subject to coordination upon 
issuing licences Type of 
licence Justification 
9022 X-ray equipment, devices and 
equipments with use of radio-
active substances and isotopes Ministry of  Industry 
and Trade of the RK  Ministry of Healthcare Import  
2612, 2805, 2841, 2844 (except  
oxide- protoxide of natural uranium, 
unity of uranium by enrichment till 
20% under uranium isotope 235 and 
sources of radiation ionizing, which 
not contain divisible element), 2845 , 
3801 10 000 0 only pure nuclear 
graphite),   
7110 11 000 0, 7112 92 000 0,  
7112 99 000 0, 7115 10 000 0,  
7405 00 000 0, 7502 20 000 0,  
7601 20, 7602 00 9000 0,  
7608 20, 9022 Nuclear materials, technology,  
equipment and settlements, 
special non nuclear materials, 
sources of active radiation, 
based on application of X-ray, 
alpha-, beta- or gamma- 
radiation 
 
 Industry and Scientific 
and Technical 
Development 
Committee under the 
Ministry of  Industry 
and Trade of the RK Ministry of Energy and Mineral 
Resources Export/ 
Import This measure applies for the 
purposes of protection of the 
state security interests in 
regards to splitting materials 
or materials they are produced 
from, and also for the 
purposes of life and health 
protection of the Kazakh 
population 
0407 00 900 0, 0507, 0508 00 000 0, 0604, 0510 00,  0712                               
31 000 0, 0712 33 000 0, from 0712 
39 000 0- ruffle, 0802 21 000 0, 
0802 22 00 0, 0810, 0812, 1212 
20 000 0, 1301, 1302 (except 1302 
19 300 0), 9601                           Antlers, hoofs, maral's antlers, 
corals and analogous materials 
(besides those falling under the 
Convention on trade of 
endangered wild life and fauna) Ministry of Industry 
and Trade of the RK Ministry of Agriculture, 
 Export This measure applies for the 
purposes of environment 
protection of the RK 
0206 10 100 0, 0206 22 100 1,  
0206 29 100 0, 0206 30 300 1,  
0206 41 200 1, 0206 80 100 0,  
0206 90 100 0 (only from wild 
animals),  0507 (only  medicine raw 
materials),  05 10 00, 1211,   1212 20 000 0, 1302 (except  
1302 19 300 0),  3001, 3002 (except 
ready done medicine materials) Medicine raw materials of 
vegetable and animal origin  
  Ministry of Industry 
and Trade of the RK Ministry of Agriculture, 
 Export This measure applies for the 
purposes of environment 
protection of the RK 
2804 70 001 0 Yellow Phosphorus  ("white") 
   Ministry of Industry 
and Trade of the RK Ministry of Environment protection of 
the RK                   Export This measure applies for 
monitoring of exports of such 
products since they are 
extremely dangerous to human 
life and health  
   WT/ACC/SPEC/KAZ/9/Rev.2
 Page 185HS Number Goods Ministries responsible 
for administration of 
licence Ministries subject to coordination upon 
issuing licences Type of 
licence Justification 
According to list confirmed by the 
Government of the RK Some types of raw materials, 
articles, equipm ent, technology 
and scientific-technical 
information, which can be used 
in creation of army equipment 
and devices                              Ministry of Industry 
and Trade of the RK Ministry of Education of the RK, 
Committee of National Security  Export This measure is used for the 
reason of the national security 
interests protection in regards 
to trade of guns, ammunition, 
military materials, which 
directly or indirectly used for 
the purpose of supplying the 
military forces 
According to list confirmed by the Government of the RK Materials, equipment and 
technology, which have 
peaceful  meani ng, but can be 
used in creation of missile, 
nuclear and other types of  
weapon of mass destruction Ministry of Industry 
and Trade of the Rk Ministry of Education, Committee on 
National Security Export This measure applies for the 
purposes of the national 
security interests protection as 
of possible use of these 
products in military time or in 
other extraordinary 
circumstances in the 
international relations 
  Normative- technical 
documentation to products of 
military purpose (including constructive and exploitational)  Ministry of Industry 
and Trade of the RK Ministry of Defense of the RK, 
Committee on National Security Export/ 
Import This measure applies for the 
purposes of protection of the 
national security interests in regards to trade of guns, 
ammunition, military 
materials, which directly or 
indirectly conducted for the 
purposes of provision of the 
military forces 
2611 00 000 0, 2613-2615, 2804 50,     
2804 90 000 0, 2805 12 000 0,  
2805 30 100 0, 2805 40 100 0,  
2825 (except five-oxide, for  
vanadium production),  
2826 19 000 0, 2841 70 000 0,  
2841 90 900 0, 2846,   
7110 41 000 0, 7405 00 000 0,  
7502 20 000 0, 7601 20 100 0,  8101, 
8103, 8105, 8106 00, 8108 resources 
(except titanium sponge), 8109, 8112, 
8113 00                                   Rare Metals, rare ground               
raw materials, alloy, 
combinations and Articles    
  Ministry of Industry 
and Trade of the RK Committee on atomic energetic of the 
Ministry of Atomic Energy and Mineral 
Resources of the RK Export  This measure is used for the 
reason of the national security 
interests protection in regards 
to trade of guns, ammunition, 
military materials, which 
directly or indirectly used for 
the purpose of supplying the 
military forces  
  WT/ACC/SPEC/KAZ/9/Rev.2 
Page 186 HS Number Goods Ministries responsible 
for administration of 
licence Ministries subject to coordination upon 
issuing licences Type of 
licence Justification 
8301 70 000 0, 8471 30 000 0,        
8471 41 900 0, 8471 49 900 0, 
 8471 50 900 0, 8473  30 100 0,   
8517 50, 8517 80 900 0, 8525,  
8526 10 900 0, 8526 91, 8527, 
 8543 89  950 0, 9019 10 900 0, 9006, 
9022 19 000 0, 9022 29 000 0 
(only special technical devices, devices of information defence and 
other techniques of double 
application) Special technical devices 
intended for special operative- 
investigation activity, sources of 
information defence, other 
techniques of double application 
(including its components, 
application programme 
packets), normative-technical documentation to special 
technical means (including 
constructive and exploitational)  Ministry of Industry 
and Trade of the RK Committee on National Security Export/ 
Import This measure applies for the 
purposes of the international 
and national safety 
2106 90 200  0          Components of alcohol, half-
finished products, except of 
products made on the base 
fragrant substances, used in 
beverages production 
2203 00 Beer made from malt 
2207 Ethyl spirit 
2204, 2205, 2206 Wine 
2208 Ethyl alcohol non-denaturative 
with alcohol concentration 
less than 80%, alcohol nastoyka, 
liqueur and other alcohol drinks Tax Committee of the 
Ministry of Finance of 
the RK  
  Import  This measure applies for the 
purposes of life and health 
protection of the RK 
2710 11 210 0,   2710 11 250 0, 
2710 11 900 0,  
2710 19 110 0, 
 
 
2710 19 150 0 
 
 White-spirit, 
Other  
Other weak distillates,  
other Medium distillates 
for specific processes of  
processing 
 Medium distillates 
for chemical conversion in 
processes Ministry of Industry 
and Trade of the RK Ministry of Energy and Mineral 
resources of the RK Import Licensing of these products 
was introduced to import 
quota which applied toward 
these products till 
31 December 2002. The 
Republic of Kazakhstan 
therefore is considering 
discontinue application of 
import licensing toward them  
from  4403 10 – 4403 20  Round forest timber (conifer ) Ministry of Industry 
and Trade of the RK Ministry of Agriculture, Ministry of 
Environment protection of the RK Export  
from  4401 10 000 0 Fire-wood in the form of logs Ministry of Industry 
and Trade of the RK Ministry of Agriculture, Ministry of 
Environment protection of the RK Export  
According to list confirmed by the 
Government of the RK Poisons  Ministry of  Healthcare, Ministry of 
Environment protection of the RK Export/ 
Import   
   WT/ACC/SPEC/KAZ/9/Rev.2
 Page 187HS Number Goods Ministries responsible 
for administration of 
licence Ministries subject to coordination upon 
issuing licences Type of 
licence Justification 
8471 (only  figure typed techniques) 
8473 30 (only for figure typed 
techniques) 
8543 90 800 0 (only for figure typed 
techniques) Cryptographic means* 
(including cryptographic 
techniques, components for 
cryptographic techniques and 
programme packets for 
cryptographic code) Ministry of Industry 
and Trade of the RK Committee on National Security Export/ 
Import  
3601 00 000 0 (except for the 
gunpowder) , 
3602 00 000 0, 3603 00, 3604 Gunpowder, explosives, means 
of exploding and  pyrotechnics Ministry of Industry 
and Trade of the RK Ministry of Internal Affairs Export/ 
Import  
According to list confirmed by the 
Government of the RK Official and civil arms         
                                      Ministry of Industry 
and Trade of the RK Ministry of Internal Affairs Export/ 
Import  
According to list confirmed by the 
Government of the RK Means of protection from 
fighting toxic substances, its 
parts and accessories      Ministry of Industry 
and Trade of the RK Ministry of Defence Export/ 
Import  
7103 10 000 0 (only semi-precious 
stones), 7103 99 000 0 (only semi-
precious stones), 7105 90 000 0, 7116 
20 (only from semi-precious stones) Semi-precious stones and 
articles made of  Ministry of Industry 
and Trade of the RK  Export  
2618 00 000 0 - 2620, 3915 Industrial wastes 
 Ministry of Industry 
and Trade of the RK Ministry of Environment protection of 
the RK Import  
1211 90 800 0          Opium raw materials (medicinal  
herbs) 
 Ministry of Industry 
and Trade of the RK Ministry of  Healthcare Import  
Source:  Government Resolution No. 1037 of 30 June 1997 
  
  WT/ACC/SPEC/KAZ/9/Rev.2 
Page 188 9(c): List of activities and sub-activities subject to activity licensing  
No Licensable types and 
sub-types of activities Legal acts in accordance with whic h  this type is subject to 
licensing Licensable sub-types of activities 
 
1 2 3 4 
Ministry of Justice  of the Republic of Kazakhstan 
1 Forensic expertise  activity (legal expertise) -  Law of the Republic of Kazakhstan (LRK)  "On licensing" 
Article 11(Art.).   sub-item19 and Article 30-  LRK  
"On forensic expertise"  Art.17 
-  LRK  "On institutions of justice" Art.17  
2 Advocates' activity -  LRK  "On licensing" Art.27 s.i.2 
-  LRK  "On advocates activity" Art.9 -  LRK  "On institutions of justice " Art.19  
3 Notaries'  activity -  LRK  "On licensing" Art. 27 s.i. 3 
-  LRK  "On notary  activity" Art. 8 -  LRK  "On institutions of justice" Art. 19  
4 Property assessment activity -  LRK  "On licensing" i.4 Art. 27 
-  LRK  "On assessment activity " Art. 20 
-  LRK  "On institutions of justice" Art. 19 1)  Property assessment; 
2)  Assessment of intellectual prope rty, of intangible assets value. 
Ministry of Internal Affairs of the Republic of Kazakhstan 
5 Development, manufacture, repair, trade, acquisition, 
collecting, exhibit of civil and official fire-arms and their 
cartridges, hand-operated battle rifle arms with cartridges 
for it, cold steel, civil pyrotechnic substances and devices using them  -  LRK  "On licensing" Art. 20 s.i. 4, 5, 6 
-  LRK  "On the state control over circulation  of certain 
types of arms" Art. 29 i.1 s.i.  3 1)  Development, production, repair of hand-operated battle rifle arms with 
cartridges for it; 
2)  Repair of hand-operated battle  rifle arms with cartridges to it; 
3)  Purchase and trade in  hand-operated battle rifle arms with cartridges to it; 
4)  Exhibit of hand-operated battle rifle arms with cartridges to it. 
6 Activity related to the tra ffic safety:  installation, 
assembling, repair and operati on of technical devices for  
traffic regulation  -  LRK "On licensing" Art. 33 s.i. 2 
-  LRK  "On traffic safety" Art. 9  
7 Security activity carried out by  juridical and natural 
persons -  LRK  "On licensing"" Art. 27 s.i. 10 
-  LRK  "On security activity" Art. 15 1)  Security activity carried out by  juridical and natural persons; 
2)  Assembling, setting-up and main tenance of burglar alarm devices. 
8 Setting-up and maintenance of burglar alarm devices  -  LRK  "On licensing" Art. 15  
9    
10 Activity related to circulation of  drugs (narcotics), 
psychoactive substances, precursors: а) elaboration, production, processing, transportation, 
carriage, acquisition, storage, distribution, sale, use, 
elimination; b) growth, harvest, purchase of plants and herbage, containing drugs and psychoactive substances -  LRK  "On licensing" Art. 17 1)  Growth, harves t and procurement of narc otic containing plants; 
2)  Elaboration of new drugs (narcotics)  and psychoactive substances, precursors; 
3)  Production and processing of drugs (narcotics), psychoactive substances, 
precursors; 
4)  Import and export of drugs(narcotics), psychoactive substances, precursors; 5)  Transportation, carriage of drugs (narcotics), psychoactive substances, 
precursors; 
6)  Purchase and storage of drugs (narco tics), psychoactive substances, precursors; 
7)  Distribution of drugs(narcotics) , psychoactive substances, precursors; 
8)  Sale of drugs (narcotics), psychoactive substances, precursors (wholesale and 
retail); 
9)  Use of  drugs (narcotics), psychoactive substances, precursors  for scientific and 
educational purposes; 
10)  Elimination of drugs (narcotics), psychoactive substances, precursors.  
   WT/ACC/SPEC/KAZ/9/Rev.2
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1 2 3 4 
Ministry of Environmental Protectio n of the Republic of Kazakhstan 
11 Environmental auditing activity LRK  "On licensing" Art 27, s.i. 8  
12    
13 Environmental design, regulation and works in the field of 
environmental impact assessment - LRK "On licensing" Art. 27 s.i.8 
 1)  Environmental  design in the fiel d of environmental impact assessment; 
2)  Regulation in the field of environmental impact assessment; 
3)  Works  in the field of environmental impact assessment. 
Ministry of Finance of the Republic of Kazakhstan 
14 Auditing activity -  LRK "On licensing" Art. 27 s.i. 7 
-  LRK "On auditing activity " Art. 12  
15 Production of ethyl alcohol a nd alcoholic products  as well 
as storage, wholesale and retail sale of alcoholic products  
(except for beer) -  LRK "On licensing" Art. 36  s.i.1-3  
-  LRK "On the state regulation of production and circulation 
of ethyl alcohol and alcoholic products" Art. 15 1)  Production of ethyl alcohol; 
2)  Production of alcoholic products; 
3)  Storage and wholesale of alcoholic products (except beer); 4)  Retail sale of  alcoholic products (except beer). 
16 Production of tobacco goods - LRK "On licensing" Art. 36 s.i.5  
- LRK "On the state regulation of production and circulation 
of tobacco products" Art. 9  
17 Arrangement  and carrying out of lotteries (except the 
state (national) lotteries)  - LRK "On licensing" Art. 27 s.i. 9  
18 Activity, carried out within different customs procedures 
under the customs legislation of the Republic of 
Kazakhstan, as well as rendering customs services -  LRK "On licensing" Art.35 Customs carrier's activity: 
-  Operation of a provisional storage with in the frames of customs procedure; 
-  Operation of free storage within the frames of customs procedures; 
-  Activity of a Customs broker. 
Ministry of Agriculture of the Republic of Kazakhstan 
19 Activity in the field  of veterinary medicine: production 
and sale of goods for veterina ry  purposes, implementation 
of drugs, biological preparations for veterinary purposes, veterinary and sanitary inspection of goods and raw 
materials made of animals; veterinary preventive 
treatment business -  LRK "On licensing" Art. 29-  LRK "On veterinary 
medicine" Art. 12 1)  Veterinary preventive treatment business; 
2)   Production and sale of goods for veterinary  purposes; 
3)  Sale of drugs, biological prep arations for veterinary purposes; 
4)  Veterinary and sanitary inspection of  food products and raw materials made of 
animals. 
20 Accept, weighting, drying, cl eaning, storage and shipment 
of grain   -  LRK "On licensing" s.i.  2 Art.25. 
-  LRK "On crops " Art. 4  
21 Activity on production (formula tion), sale and application 
of pesticides  (chemical weed-killers and/or pest-killers)  -  LRK  "On licensing" s.i.  2 Art.14. 
-  LRK "On plant protection " Art. 14 1)  Activity on production (formulation) of pesticides (chemical weed-killers and/or 
pest-killers); 
2)  Sale of  pesticides (chemica l weed-killers and/or pest-killers); 
3)  Activity on application of pesticides (c hemical weed-killers and/or pest-killers)  
using  aerosols and fumigation. 
22 Stocking up in the plots  of the State  forest resources, 
carried out by forest husbandry entities  -  LRK "On licensing" Art. 25 s.i. 1 
-  Forest Code of the Republic of Kazakhstan Art. 89  
23    
Ministry of Energy and Mineral Resources of the Republic of Kazakhstan 
24 Production, electric-power transmission and electrical and 
heat energy distribution 
 - LRK "On licensing", Art. 12 s.i. 1 
- LRK "On electric power industry"   
  WT/ACC/SPEC/KAZ/9/Rev.2 
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sub-types of activities Legal acts in accordance with whic h  this type is subject to 
licensing Licensable sub-types of activities 
 
1 2 3 4 
25 Operation of power station, power grids and substations - LRK "On licensing", Art. 12 s.i. 1 
- LRK "On industrial safety in dangerous production 
objects" 
- LRK "On electric power industry" 
- LRK "On oil" 
  
26 Operation of hydraulic structures  – LRK "On licensing", Art. 33 s.i. 1, 2 
- LRK "On industrial safety  at dangerous  production 
objects" 
- LRK "On electric power industry " 
- LRK "On oil" 3.  Operation (maintenance and current re pair, prevention, availability for service 
maintenance, control of technical conditi on) hydraulic structures, hydroelectric 
power stations (HEPS), including: 
 
 1)  pressure head pools, water-r eception constructions, water-storage 
reservoir, precipitation tanks, wate r-pressure head protecting dams, 
dams, channels, tunnels, drainage systems, ash-and-slag dumps. 
27 Purchase of electrical energy with view of resa le  - LRK "On licensing", Art. 12 s.i.6- LRK "On 
industrial safety at dangerous  production objects" 
- LRK "On electric power industry" - LRK "On oil" 4.    
28 Operation  of industrial da ngerously explosive and fire 
risk  manufactures  - LRK "On licensing", Art. 33 s.i.2, 3 
- LRK "On industrial safety  at dangerous  production 
objects" 
- LRK "On electric power industry" - LRK "On oil"  5.  Operation of industrial dangerously explosive and fire risk  manufactures, 
including process objects, units, stages, storages, including productions of: 
 
 1)  products oil and gas processing and petrochemistry; 
 2)  main organic synthesis, caout chouc, tyre, general mechanical rubber 
goods, shale-distilling industr y and commercial carbon; 
 3)  chlorine, chlororganic and inorga nic products and technology process of 
discharge, loading, storage;  
 4)  man-made fibre, polymeric materials and plastic; 
 5)  synthetic dyes, chemical additi ons and other products  of fine organic 
synthesis; 
 6)  varnish-and-paint products, turpentine; 
 7)  cine-photomater ials and chemicals; 
 8)  household chemical goods;  9)  nitric and phosphorus industry; 
 10)  basic chemistry products; 
 11)  production, processing, distribu tion, storage and application of air 
separation products (oxygen, hydrogen), chore, ammonia; 
 12)  hydrogen and oxygen by water electrolysis process; 
 13)  Other organic and inorganic products and their compounds (including 
merging, pouring in, storage); 
 14)  coke, cast iron, steel (includi ng direct production of steel and iron, 
lunkerits, modifiers and exotherm ic mixes, hot and cold rolled 
ferroalloys), casting (in all branches of industry), castable, porcelain, haydite; 
 15)  on accept, merging, pouring in, st orage, delivery of volatile flammable 
and inflammable liquids (petroleum storage depots, gasoline stations); 
 16)  on accept, merging, pouring in, storage, delivery of liquefied and 
combustible gas (GNC, AGZC);  
   WT/ACC/SPEC/KAZ/9/Rev.2
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sub-types of activities Legal acts in accordance with whic h  this type is subject to 
licensing Licensable sub-types of activities 
 
1 2 3 4 
 17)  on utilization and incine ration of gaseous blowouts; 
 18)  of engineering procedure  resulti ng to formation of  explosive risk and 
air-and-coal mixtures; 
 19)  on storage of raw materials, inters and final products (storages). 
29 Operation of  mining productions, oil and gas drilling  - LRK "On licensing", Art. 12s.i. 2- LRK "On 
industrial safety at dange rous production objects" 
- LRK "On electric power industry" 
- LRK "On oil" 6.  Field deposit (well, mines, digging, p its, sections, fields) in view to search, 
prospecting and production of mineral pr oducts (coal, ores, widely used and 
other minerals): 
  1)  study of  a field subsurface geology, orebodies features, mining and 
geological engineeri ng-geological conditions, hydrogeological 
characteristic; 
 2)  carrying out of burning  and e xplosive works, geophysical and seismic 
operations applying explosive and non-explosive sources of seismic 
waves excitation; 
 3)  interpretation of the obtained ge ophysical materials, investigation of  
ores quality, boundaries and reserves of the pit field; determination of 
capacity and operating mode  of mi nes, diggings, pits, openings and 
debugging procedure; 
 4)  elaboration of the surface technol ogy complex, local projects, general 
plan, including dump enterprise, mine transport; pit field drainage, 
warehouse and repair facilities, electrotechnical part and etc.; 
 5)  elaboration of technical and ec onomical part, safety measures, fire 
protection, estimated calculation. 
 7.   Field development: 
 
 1)  opening and development of coal, ore, non-metallic fiel ds in the manner 
of quarry and underground operations; 
 2)  work related to operation of surface and underground technological 
complexes of delf production; 
 3)  mining capital and mining preparat ory and production  works, fastening 
and shaft furniture; 
 4)  Powered roof support construction;  5)  Production of special excavations (drainage, prospecting, air trunks and 
etc.); 
 6)  geological surveyor servi ces at subsurface exploitation; 
 7)  break, ore and rocks loading and shipment with use of   excavators, load-
haul-dump unit and free-steered vehi cles, conveyer, railway carriages 
and motor car transport; 
 8)  repair and restoration works connect ed to fastening,  airing and drainage 
of excavation; 
 9)  development, revision and appr oval of projects of  excavations and 
projects of drilling and blasting operations; 
 10)  ventilation, control over mine air, prevention and localization of 
endogenous fires in the sections and spoils; 
 11)  laying trenches, excavations, piling in open cast mining and industrial  
  WT/ACC/SPEC/KAZ/9/Rev.2 
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sub-types of activities Legal acts in accordance with whic h  this type is subject to 
licensing Licensable sub-types of activities 
 
1 2 3 4 
sites; 
 12)  scraping of soil, wall and roof cleaning, scraping of transportation, 
prevention terraces and slopes of pit ledges; 
 13)  boring of wells and bore-holes, preparation and production of blasting 
operations; mechanization of blasting operations; 
 14)  operation of drilling equipment;  15)  preliminary works, first working, second working; 
 16)  pumping, drainage, airing, transportation of excavations; 
 17)  restoration, damaged in the result of excavations;  18)  works on prevention and liqui dation of excavation from flooding; 
 19)  development, revision and approva l of local and  technical projects of 
excavations; 
 20)  coal extraction using continuous machines; 
 21)  excavation of mineral products with bulldozers and loaders, 
transportation of rocks, ore and coal  with railway and other transport; 
 22)  piling with the railway and motor car transport;  23)  extraction of widely used mineral products; 
 24)  maintenance of pit motor roads; 
 25)  assembling of rail lengths and pointworks, placing and re-placing of 
them on quarry faces, pile s and constant sections of railroads; repair of 
railroads and pointworks. 
 8.  Liquidation work on closing of unprof itable pits and mines: backfilling of 
shafts, dismantling of mining equipment, erection of straight arches, dismantling 
of buildings and structures, dismantling of a surface complex, restoration surfaces. 
 
9.  Search, prospecting and production of oil and gas:  
 1)  operation of drilling and oil and gas production equipment; 
 2)  drilling of oil and gas wells;  3)  underground and t horough repairs of wells; dismantling of equipment 
and aggregates; installation of elevator of wells; 
 4)  repair tests of wells; tools arrangement;  5)  use of chemicals (excluding  precursors of drugs and poisonous 
substances) at oil and gas production; 
 6)  washing, cementation,  testing and well completion; 
 7)  geophysical and development survey of oil and gas  wells; 
 8)  planning of projects and proce ss flowsheets for oil and gas fields 
development; 
 9)  designing, oil- and gas-fields construction; 
 10)  estimation of hydrocarbon reserves of oil and gas fields; 
 11)  logging works in oil and gas wells; blast hole springing works in oil and 
gas wells; 
 12)  quality control of carried out oil operations in  prospecting and 
production wells; 
 13)  investigation of technical st ate of wells with geophysical methods;  
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1 2 3 4 
 14)  interpretation of obt ained geophysical materials; 
 15)  seismic methods  of oil and gas fields search and prospecting; 
 16)  geophysical and seismic operations  at on-shore, tran sition, off-shore 
zones applying explosion and non-expl osive sources of seismic waves 
excitation; 
 17)  seismic vertical profiling works;  18)  elaboration of technical and t echnological documentation for oil and gas 
production objects; 
 19)  planning of feasibility studies;  20)  production of oil, gas, oil-ga s condensate, conservation of wells; 
 21)   oil reservoir oil recovery growth. 
30. Operation of  main  gas- and oil -pipelines  - LRK "On licensing", Art. 12 s.i.2 
- LRK "On industrial safety  at dangerous  production 
objects" 
- LRK "On electric power industry" 
- LRK "On oil" 
 10.  Operation of exterior gas pipelines  of cities, settlements, rural inhabited 
localities: 
  1)  maintenance works and current repairs (preventive measures, 
examination, technical condition mon itoring, diagnostics of weld seam, 
joints and fastening) of main pipelin es (external gas pipelines of cities, 
settlements and rural inhabited localitie s) main and ancillary equipment; 
 2)  diagnostics of the linear pipelin e portions and underwater passage of 
main and industrial pipe-lines and aggregates; 
 3)  maintenance works of corrosion preventing electrochemical protection 
agents; 
 4)  engineering of main pi pelines of gas and oil products. 
31. Engineering, production, asse mbling, repair of chemical, 
drilling, gas and oil field,  equipment, geological survey, 
mining, metallurgical, power equipment, explosion-proof 
electrical equipment, log and system inspection 
equipment, anti-damage protection and signalling LRK "On licensing", Art. 12s.i.5  
LRK "On industrial safety at dangerous  production objects"  
LRK  " On electric power industry" LRK  "On oil" 
 11. Engineering (elaboration of comple x technical, engineering and design 
documentation, containing technical a nd economic assessment,  calculations, 
drawings, models, estimates, explan atory notes, required for production of 
equipment); production (full equipment, different elements, assembly units, 
components, parts, blocks, ancillary equipment); mounting (assemblage, fettling 
and installation of works, structures , manufacturing equipment, aggregates, 
machines, devices, instrumentations and ot her facilities made of finished parts, 
assembly units, elements at the produc tion or object operation stage); repair 
(reconditioning of serviceableness or wo rking capacity of technical devices, 
replacement of components, repair, damage repair),  
32. Designing, manufacture, asse mbling, repair and operation 
of high pressure boilers and pipelines LRK "On licensing", Art. 12s.i.5 LRK "On industrial safety at 
dangerous  production objects" 
LRK  "On electric power industry" 
LRK  "On oil"  12.  Designing, manufacture (including di fferent elements, components, parts), 
assembling (at the stage of the exploita tion of production/ objects), repair 
(planning and preventive, major repairs,  diagnostics, cyclic inspection and 
technical maintenance of main and  anc illary equipment, fulfilment of works on 
corrosion prevention of structures and equi pment, pipelines  thermal protection, 
installation of stop valves; repair of ch imneys and breechings , deviated from a 
boiler, repair of ash –and-slag removing devices) of high pressure boilers and 
pipelines, including:  
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33. Designing, manufacture, asse mbling, repair and operation 
of  hoisting structures LRK "On licensing", Art. 12 s.i.5 
LRK "On industrial safety at dangerous  production objects" 
LRK "On electric power industry" LRK "On oil" 14.  Designing, manufacture (including di fferent elements, components, parts), 
assembling (at the stage of the exploitation of production/objects), repair 
(planning and preventive, major repairs, dismantling of hoisting structures of all types and purpose; evening-out and repa ir of crane runway, balancing and 
commissioning of hoisting structures of all types technical diagnostics, 
examination of technical state of underground  structures of expired term of life, 
in view to determine possibility fo r further operation) and exploitation 
(technical maintenance and current repair, prevention, maintenance of 
availability to operation, check of technical state)  of hoisting structures, 
including: 
34. Designing, manufacture, asse mbling, repair and operation 
of  pressure vessel  and pipelines LRK "On licensing", Art. 12s.i.5   
LRK "On industrial safety at dangerous  production objects"  
LRK "On electric power industry" 
LRK "On oil" 15.  Designing, manufacture (including di fferent elements, components, parts), 
assembling (at the stage of the exploita tion of production/ objects), repair 
(technical diagnostics, examination, current , planned, major repairs) of vessels 
and pipelines, operating  under pressure, including: 
35. Processing of mineral (except for processing  of generally 
used  mineral products) LRK "On licensing", Art. 12 s.i.3 
LRK "On industrial safety at dangerous  production objects" 
LRK "On electric power industry" 
LRK "On oil" 17.  Physical and chemical, chemical, me tallurgical way of repartition of ores, 
minerals and recycling of waste products of production: 
 
 1)  crushing, screen sizing and sorting of raw material (ores, man-caused 
mineral formations), decomposition a nd classification, concentration of 
ores (raw material), gravitation, washing; 
 2)  dispersion (suspension, emulsi on), a filtration, se paration (magnetic, 
electromagnetic), flotation, leaching,  chemical decomposition, extraction 
(di-extraction), a condensation, drying; 
 3)  pyrometallurgy, burning, hydromet allurgy, baking, bricketing, balling; 
 4)  production of sulfur; 
 5)  recycling waste products mining, concentrating, metallurgical and other 
industrial productions, volume number oil containing waste products 
(slags, dumps, reject materials and others), containing mineral products; 
 6)  recycling of effluent  gas, recycling of heat. 
36. Production of oil products LRK "On licensing", Art. 12s.i.2 
LRK "On industrial safety at dangerous  production objects" 
LRK "On electric power industry" 
LRK "On oil" 
 18.  Oil refining: 
   
 3)  production of lubricants, raw mate rial for petrochemical synthesis and 
other purposes; 
 4)  compounding, adding of additives, additives and components in 
commercial gasoline with the purpose to raise fuel performance number; 
 5) compounding, adding of additives, additives and components in 
substandard mineral oil with the purpo se to obtain gasoline of the set 
property; 
 6)  adding of accelerators and additives to diesel fuel, black oil. 
37. Production, repair works on gasification dwelling objects 
and public utilities  LRK "On licensing", Art. 4, s.i.4 
 19.  Operation and repair ga s-distributing points,  gas-distributing  facilities, high, 
middle and low pressure distributive gas networks, average and low pressure and operation and repair of  internal installations and the 
equipment:  
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38. Types of activity, related to use of atomic energy LRK "On licensing", Art. 13 
 1)  location, designing, erection, putting into operation, operation, preservation and 
withdrawal and use of atomic energy objects; 
2)  fulfilment of works and servicing,  related  to atomic energy use; 
3)  handling with atomic materials, sour ces of ionizing radiation and radioactive 
substances, prospecting and production  of mineral products, containing such 
materials and substances, as well as pr oduction, use, processing, transportation 
and location of nuclear materials, radio active substances and radioactive waste 
products; 
4)  management of atomic energy use; 5)  all types of activities in lo cations of nuclear testing areas; 
6)  accident prevention at use of atomic energy; 
7)  nuclear facilities and ma terials physical protection; 
8)  account and control over nuclear mate rials, source of ionizing radiation, 
radioactive substances and radioactive waste products; 
9)  export and import of nuclear ma terials, double purpose technology and 
equipment, source of ionizing radiation, radioactive substances; 
10) nuclear environment monitoring in the territory of the Repub lic of Kazakhstan; 
11) nuclear materials and radiation substances transit traffic through the territory of 
the Republic of Kazakhstan; 
12) training and rating of specialists and personnel; 
13) scientific researches using  nuclear facilities, source of ionizing radiation, 
radioactive materials and substances. 
39. Production and sale of good s, containing radioactive 
substances in quantities exceeding the standard, admissible for their use applying no special means of 
protection LRK "On licensing", Art. 13, s.i.2 
 1)  Production of goods, c ontaining radioactive substances in quantities exceeding 
the standard, admissible for their use a pplying no special means of protection; 
2)  Sale of goods, containing radioactiv e substances in quantities exceeding the 
standard, admissible for their use applying no special  means of protection. 
40. Elaboration, production and sale of x-ray equipment, 
devices and equipment using radioactive substances and 
isotopes LRK "On licensing", Art. 13, s.i.3  
   
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1 2 3 4 
Ministry of Industry and Trade of the Republic of Kazakhstan 
41. Elaboration, production repair  and sale of armaments and 
ammunition to them, defens e technique, spare parts, 
component parts and devices to  them in case if they are 
not used  in other branches  as  well as  special materials  
and equipment  for their production, including  
assembling, adjustment, use, st orage, repair and after-sales 
service - LRK "On licensing" Art. 20s.i. 1 1)  Elaboration of  armaments and ammunition to them, defence technique, spare 
parts, component parts and devices to them  in case if they are not used in other 
branches as well as special material s  and equipment for their production, 
including  assembling, adjustment, use, st orage, repair and after-sales service; 
2)  Production and repair of armame nts and ammunition to them, defence 
technique, spare parts, component parts a nd devices to them in case if they are 
not used in other branches as well as  special materials and equipment for their 
production, including  assembling, adjustme nt, use, storage, repair and after-
sales service; 
3)  Sale of armaments and ammunition to  them, defence technique, spare parts, 
component parts and devices to them in  case if they are not used in other 
branches as well as special materials and equipment for their production, 
including assembling, adjustment, use, stor age, repair and after-sales service. 
42. Elaboration, production a nd sale of explosive and 
pyrotechnic substances, applying it - LRK "On licensing" Art. 20s.i.  2 1)  Elaboration of explosive and pyrotechnic substances, applying it; 
2)  Production of explosive and py rotechnic substances, applying it; 
3)  Sale of explosive and pyro technic substances, applying it. 
43. Liquidation (destruction,  utilization, burial) and 
processing of the released technical military means - LRK "On licensing" Art. 20s.i. 3  
44. Elaboration, production, repair and trade in arms, 
purchase, exhibit of hand-opera ted battle rifle arms with 
cartridges for it  
 -  LRK "On licensing" Art. 20s.i. 4 
-  LRK "On the state control over circulation of certain types 
of arms" Art. 10 1)  Elaboration, production, repair and tr ade in arms, purchase, exhibit of hand-
operated battle rifle arms with cartridges for it;  
2)  Repair of hand-operated battle  rifle arms with cartridges for it; 
3)  Purchase of hand-operated battle rifle arms with cartridges for it;  
4)  Exhibit of hand-operated battle rifle arms with cartridges for it. 
45. Export and import of  certain goods (works, serv ices) -  LRK "On licensing" Art. 38-41 (Chapter 4) 
-  LRK "On export control"  
46. Production, processing, transportation, purchase storage, 
sale, use and destruction of toxic substances according to the list, approved by the Government of the Republic of 
Kazakhstan - LRK "On licensing" Art.14s.i.1  
47. Tourist operator activity , tourist agency activity, 
tourist guides services -  LRK "On licensing" Art. 9 i.1 s.i. 46 
-  LRK "On tourist activity" Art. 15  
48. Designed and prospecting,  expert, building and assembly 
jobs, construction material operations goods and structures 
including designing and constr uction of industrial highly 
explosive and fire-risk mini ng production, main gas- and 
oil-main pipelines, lifting insta llations, as well as boilers, 
vessels and pipelines acting under pressure, assembly of 
drilling, oil/gas field, ge ological survey, mining, 
explosion-protected electric e quipment, gear and control 
systems, anti-damage prot ection and signalling, lifting 
constructions, as well as boilers, vessels and pipelines 
acting under pressure, construc tion and installation works 
on apartment and communal-ge neral object gasification, 
mounting, repair and service of passenger lifts: - LRK "On licensing" Art. 33 1.  Survey work for construction  
 
1.  Engineering and geodesic and e ngineering-geological investigation: 
 
 1)  construction and laying of beacon centres; 
 2)  engineering and hydrological works;  3)  creation of compilation survey network; 
 4)  topographical survey a 1:10000-1:200 scale; 
 5)  underground pipelines and in stallations survey, tracing and line 
structures survey; 
 6)  land measuring connected with transportation into nature with 
connection of engineering-geological  courses, geophysical and other 
investigation points; 
 7)  geophysical investigations, reconnaissance and survey;  
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1 2 3 4 
 8)  field researches of grounds, hydro geological investigations; 
 9)  laboratory soil investiga tions, underground waters, grounds and 
foundations.  
 
2.  Design works for construction  (in not seismic zones and/or at zones with 
seismicity force 7 and more) 
 
2.  Elaboration of the ur ban-planning documentation: 
  1)  planning documentation (general layout of settlements, projects of detail 
design, regions building up, microdistri cts, blocks and separate sites); 
 2)   transport schemes, external transport, street and road network;   3)   schemes of heat supply networks; 
 4)  schemes water supply networks, sewerage systems; 
 5)  schemes of gas supply networks;  6)  schemes power supply networks;  7)  schemes of telecommunica tions and communication networks. 
 
3.  Architectural designing of buildings  and facilities I or II and III levels of 
responsibility: 
 
 1)   general layouts of objects, projects of implement and of  relief 
organization; 
 2)  objects of industrial purpose; 
 3)  residential and civic buildings and facilities including 
rebuilding/restoration of buildings a nd facilities (except for historic and 
culture monuments). 
 4.   Structural design and construction: 
 
 1)   grounds and bases;  2)   concrete and ferroconcrete, st one and reinforced masonry items 1; 
 3)  steel and aluminium elements 1; 
 4)  wood elements 1;  5)  overhaul, reconstruction of build ings and facilities, amplification of 
constructions. 
Notice: 1 - with the right of designing for general layout, reconstruction of buildings 
and facilities, amplification of  constructions for the given subspecies of activities.  
 
5.  Engineering systems and networks design: 
  1)  heating (including electrical),  ventilation, conditioning; water-supply 
and sewerage; 
 2)  heating;  3)  gas main pipelines, oil pipelines, mineral oil pipelines; 
 4)  low pressure natural gas supply; 
 5)  average and high pressure natural gas supply;   
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1 2 3 4 
 6)  cold supply; 
 7)  power supply to 0.4 kW, to 10 kW, electric lighting; 
 8)  power supply to 35 kW, to 110 kW and more;  9)  workflow automation; 
 10)  low-power facilities. 
 6. Elaboration of special project sections: 
 
 1)  labour safety;  2)  anticorrosive safety; 
 3)  fire and safety signalling systems,  automatics, fire fighting systems and 
fire safety on design stage for new building, overhaul, buildings and 
facilities reconstructi on or improvement; 
 4)  estimate documentation; 
 5)  projects of construction or ganization (centre of construction 
management, CCM) and projects of organizational management (POM). 
 
7.  Technological designing: p ublic buildings and facilities: 
  1)  building for preschool education,  general and professional education, 
manpower training, research institute s, design and public organizations, 
control, cultural; educational and si ght institutions, mercantile businesses 
(including drugstores), public caterin g and consumer services, building 
and facility athletic-improving, sports, for rest and tourism, 
multifunction buildings and complexes including rooms of all assigning; 
 2)  building and facilities for public hea lth services (except for drugstores);  
 3)  building and facility for transport for direct c onsumer services, buildings 
for municipal economies (except for manufacturing, warehouse and transport buildings and facilities).  
 
Productions' purpose objects are:   
 1)  power industry establishments;  
 2)  oil and gas industry enterprises;   3)  mining industry enterprises;   4)  processing industry enterprises;  
 5)  heavy engineering enterprises;  
 6)  medical, microbiological and pha rmaceutical industry enterprises;  
 7)  dams, piers, other hydr aulic engineering facilities;  
 8)  buildings and arrangements of tower-shaped and mast type;  
 9)   lifting arrangements;   10)  enterprises, objects and communications of local transport system 
(overland motor and electric, unde rground, elevated, hanging, water 
ones) as well as superficial motor, railway, air, water transport;  
 11)  enterprises, objects and communica tions of engineering infrastructure.  
 
  
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Communication objects and constructions:  
 
 1)  communication, wireless, telecommunications local lines;  2)  national and international co mmunication and telecommunication lines. 
 
Agricultural objects (except for pr ocessing industry enterprises). 
Transport building:  
 
 1)  communications of railway transport;   2)  highways of all categories;  
 3)  street and road network of  the urban electrical transport;  
 4)  bridges and bridge transitions.  
3.  Building materials, fabrica tions and constructions production
 
 8.  Production of building materials, fa brications and constructions except for 
certified ones: 
 
 1)   ventilating, sanitary and technical, wiring equipment; 
 2)  from metals, from polymer and composite materials, on the basis of 
wastage; 
 3)   tower-mast type elements, chimney tubes;  4)   bridges elements and bridge transitions; 
 5)   reservoirs and capacities by a volume to 5,000 m3;  
 6)  reservoirs and capacities operati ng under pressure or meant for storage 
of highly explosive/fire/envi ronment dangerous materials  
 7)   bearing and filler elements; 
 8)   technological metallic constructions and their details.  
4.  Assembling works for construction
 (at non-seismic zones and/or at zones with 
seismicity force 7 and more) 
 
9.  Digging 
 10. Erection of bearing and filler elements of   buildings  constructions of I or II and 
III  level of responsibility: 
  1)  mounting of metallic cons tructions, armature erecting work; 
 2)   steel tanks and reservoirs to 5,000 m3; 
 3)  mounting of steel reservoirs a nd capacities working under pressure or 
meant for storage of highly explosiv e/fire risked/bad for environment 
materials;  
 4)  mounting of building constructions  of tower and mast type, chimneys; 
 5)  mounting of bearing structures  of bridges and bridge transitions; 
 6)  mounting building structures of lifting works (elevators, escalators, 
shaft headgears and mine hoist s, cable hoists and other); 
 7)  mounting of building structures  of aggregates, devices and other  
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1 2 3 4 
technological structures of meta llurgical, petrochemical, mining, 
power and other branches;  
 8)  facilities of monolithic c onstruction devices and concrete 
constructions;  
 9)  device basis and founda tion devices, pile works; 
 10)  assembly of concrete and rein forced concrete constructions, first 
fixing, stone-work, brickw ork, organization of barri ers, filler structures 
assemblage and opening infilling;  
 11)  roofing activities.  
11.  Special construction and assembling works, special works in grounds.  
  1)  main network of oil pipelines, gas pipelines, oil products pipelines;  
 2)  trade networks of oil pipelines, gas pipelines;  
 3)  construction of wells;  4)  main network power lines with voltage to 35 kilovolt;   5)  main network power lines to 110 kilovolt and more; 
 6)  gasification of dwelli ng and communal-general objects; 
 7)  hydraulic engineering and mud structures, weir, dams;  8)  chimneys, bins, water-cooling towers, gallows;  
 9)  masonry from refractory bodies;  
 10)  mounting of the explosion-proof equipment;  11)  mounting of technological pipe lines from non-ferrous metals, polymer 
materials and glass; 
 12)  national and international flow/telecommunication lines;  13)  storage of oil, oil products and liquefied gases;  
 14)  boring activities, drilling a nd blasting operations in grounds; 
 15)  underwater technical works and works on sea shelf;  16)  digging at land-reclama tion and water-economic building; 
 17)  hydro mechanized activities in ground; 
 18)  mining and tunnelled activitie s, organization barriers, soil  
densification, recessi on ground water level. 
 
12.  Activities on outside engineering ne tworks' organizati on/construction and 
internal engineering systems: 
  
 1) pipelines working under pressure;  2)  heat networks;  3)  gas-supply systems of low pressure; 
 4)  gas-supply systems of average and high pressure; 
 5)  water-supply networks and drainage systems;  
 6)  power networks, organization of electric lighting; 
 7)  railroad communications' mains of communications, network of 
electrical power supply and electric lighting of air transport enterprises; 
 8)  lines and internal communica tions systems, of wireless, of 
telecommunications and television;  
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1 2 3 4 
 9)  ventilation, air conditioning, pneumatic transport and aspiration; 
 10)  power supply, electric lighting, resistance heating; 
 11)  heat supply;  12)  natural gas supply; 
 13)   water supply, sewerage. 
 13.  Activities on protection of constructions and equipment: 
 
 1)  building constructions' waterproofing;  2)  thermal insulation of pipelines , building constructions and equipment; 
 3)  brick and refractory-lined works; 
 4)  anticorrosive protection of build ing constructions and equipment, of 
pipelines including coating for chem ical protection at aggressive 
waters' effect; 
 5)  electrochemical protection of pi pelines, constructions and equipment. 
 14.  Finishing works at construction,  renovation, overhaul of buildings and 
constructions of I or II level of res ponsibility, except for plastering and painting 
 15.  Activities on road-construction:  
 
 1)  foundations for railway lines;   2)  crest structures of railway lines; 
 3)  foundations and coating of motorways of republican value with a 
construction and small ar tificial constructions; 
 4)  foundations and coatings of mo torways of  local value's motorways, 
foundations and coatings of intra economic motorways with  
construction and small ar tificial constructions;  
 5)  foundations and coatings of  urban road systems; 
 6)  foundations and coatings of aerodrome runways and helicopter 
platforms. 
 
16.  Mounting of processing equipment (inc luding starting-up and setting-up works):  
  1)  handling, machinery, elevators;   2)  metal-working equipment; 
 3)  wood-working equipment; 
 4)  metallurgical, crushing and m illing equipment, mineral processing 
equipment and agglomeration equipment; 
 5)  oil-field equipment, gas-field equipment; 
 6)  explorati on/drilling equipment; 
 7)  mining equipment, subways and tunnels; 
 8)  dust-ignition-proof el ectro technical equipment; 
 9)  control equipment and inspecti on systems, anti-damage protection and 
signalling system; 
 10)  compressor machinery, pumps and ventilators; 
 11)  construction and communica tion equipment, signalling system,  
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1 2 3 4 
centralization and block systems on railway transport; 
 12)  gas clearing; 
 13)  technological hardware, pipelines;  14)  electro technical plants and equipment, electrical furnaces; 
 15)  boiler plants, thermo power and auxiliary equipment; 
 16)  inspection/record tools for industrial and domestic purpose;  17)  enterprises of chemical and oil-refining industry; 
 18)  coal-mining industry's enterprises;  
 19)  hydroelectric power stations and water works; 
 20)  thermoelectric power stations; 
 21)  telecommunication agencies 
 22)  enterprises of building materials' industry;  23)  light industry enterprises; 
 24)  theatre and performance buildings and constructions; 
 25)  enterprises on grain processi ng, food processing industry and 
granaries.  
 
17.  Overhaul and reconstruction including  strengthening of building constructions 
and structures of I, II and III levels of responsibility: 
 
 1)  bearing and filler structures of  buildings and constructions (without 
change of the analytical model) 
 2)  roofing coatings and constructions; 
 3)  outside and internal engineer ing networks (except for gas supply); 
 4)  networks of gas pipelines, oil pipelines, oil product pipelines, air 
channels, steam lines and ot her stationary handlers; 
 5)  protective coatings of constr uctions and equipment (lined with 
refractory bricks, lining, insulating, anticorrosive, chemical and other);  
 6)  highways of republican and local  value, intra economic  and urban 
street-road network; 
 7)  rail roads;   8)  tunnels;  
 9)  waterworks and irriga tion/drainage constructions;  
 10)   repairs and servicing of elevators, handling machinery and 
constructions;  
 11)  elements of bridges and bridges transitions. 
 5.  Expert activities
 
 
18.  Engineering services at fulfil ment of activities for construction: 
  1)  engineering service on quality c ontrol of construc tion-and-assembling 
operations jobs  and building materials construction realized by 
subjects  of job-market and designs market by method of realization of 
technological accompaniment of construction process and by 
particularized laboratories; 
 2)  labour and specialists' certification;  
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1 2 3 4 
 3)  technical audit and expertise of materials (documents) presented by the 
licence holders (by competitors fo r licensee) with inspection of 
production and technical base and conformity to qualifying 
requirements of  juridical and natural persons wishing to obtain a 
licence; 
 4)  expertise of sections project (d esign) estimates in the field of the 
architecture, urban-planning and cons truction realized by subjects  of 
job-market and designs market which aren't related to exclusive 
competence of state projects examination;  
 5)  evaluation of reliability/stability of functioning of existing buildings 
and constructions including examinati on of technical state of buildings 
(constructions) and engineering systems and communications. 
49. Designing of means of  burgl ar and fire alarm and fire-
prevention automatics - LRK "On licensing" Art. 33s.i. 1  
50. Designing and construction of national /  international 
main lines - LRK "On licensing" Art. 33 s.i. 1-2  
51. Production and repair of measurement instru mentation -  LRK "On licensing" Art. 12s.i. 7 
-  LRK "On assurance of measurement instrumentation" 
Art. 18 1)  Production of measurement instrumentation; 
2)  Repair of measurement instrumentation.  
52. Manufacturing of a national Flag of the Republic of 
Kazakhstan and State Emblem of the Republic of Kazakhstan, and also material objects with their image -  LRK "On licensing" Art. 34  
Ministry of Labour and Social Protection of  Population of the Republic of Kazakhstan 
53. Activity connected with exportation of a manpower from 
Republic of Kazakhstan abroad  except for activity which 
is carried out in territory of Almaty -  LRK "On licensing" s.i.  13Art. 27 
-  LRK "On employment of population" Art. 4  
Ministry of Transport and Communications of the Republic of Kazakhstan 
54. Passengers and freights trans portation by railway, river, 
sea, transport; transportations of hazardous cargoes by all types of transport - LRK "On licensing" Art.16   
55. Air activities   
 -  LRK "On state regulation of civil aircraft " Art. 9 1)  Air chemical activities;   
2)  Flights on fulfilment of aerial surveys; 
3)  Flights on service of forestry; 
4)  Flights on construction and asse mbly jobs and cargo handling works; 
5)  Flights connected with transport; 
6)  Flights from sea crafts and offshore rigs; 
7)  Flights on rendering of medical care to  population and realization of sanitarian 
arrangements; 
8)  Flights on realization of experimental and scientific of research engineering; 
9)  Flights executed with the purposes of  liquidation of consequences of natural 
disasters, emergencies and catastrophes. 
56. Manufacturing and repair of  railway rolling stock, special 
containers used for trans portations of hazardous cargoes - LRK "On licensing" s.i. 5Art. 13  
57.    
58. Transportation of hazardous cargoes by air transport -  LR K "On licensing" Art. 13s.i. 7 
-  LRK "On state regulation of civil aircraft" Art. 9    
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Ministry of Culture, Information a nd Sport of the Republic of Kazakhstan 
59. Archeological and restoration activities of monuments of a 
history and culture 
 - LRK "On licensing" Art. 31 
- LRK "On protection and use of historical and cultural 
heritage" Art. 34  
60. Activity on organization of  television and/or radio 
broadcasting -  LRK On licensing" Art. 24 
-  LRK from 5 July 2004 "On communication" Art. 19  
61. Activity on rendering of sports and sanitary services, 
sporting services except for activity in organizations of 
education  -  LRK "On licensing" Art. 27, s.i.12 
-  LRK "On physical training" Art. 24-1  
Ministry of Education and Science of the Republic of Kazakhstan 
62. Educational activity of the juridical persons giving initial 
general, basic general or sec ondary general education; an 
initial vocational education including by trades; secondary professional education, hi gher professional education, 
after college professional education including by trade, 
and activity of preschool a nd out-of-school organizations 
too  -  LRK "On licensing" Art.23  
-  LRK "On education" Art. 12 1)  Activity of preschool organizations;  
2)  Activity of organizations of edu cation giving initial general education; 
3)  Activity of organizations of educa tion giving the basic general education; 
4)  Activity of organizations of educa tion giving secondary general education; 
5)  Activity out-of-school organizations; 
6)  Activity of organizations of educa tion giving an initial vocational education; 
7)  Activity of organizations of formati on giving a secondary vo cational education; 
8)  Activity of organizations of educa tion giving a higher vocational education; 
9)  Activity of religious educational institutions; 11) Activity of organizations of educa tion realizing a complementary vocational 
education; 
12) Activity of organization of af ter college vocational education. 
63. All types of activity on us age of space including creation, 
execution, exploitation, repair and modernization of 
space-rocket engineering, usage of ground-based infrastructure for maintenance of its functioning (polygon, 
command-measuring complex, bench-top base and other) - LRK "On licensing" Art.21  
Ministry of Health of the Republic of Kazakhstan 
64. Pharmaceutical activity: pr oduction, wholesale and  retail 
sale of  drugs   
 -  LRK "On licensing" Art. 26s.i.2 
-  LRK "On health system" Art. 7 s.i. 13 
-  LRK "On drugs" Art. 14  1) Production of drugs; 
2) Wholesale of drugs; 
3)  Retail sale of drugs.   
65. Medicinal and medical activity   
 -  LRK "On licensing" Art. 26 s.i. 1 
-  LRK "On health system" Art. 7 s.i. 13 1)  Primary (before-doctor) community health assistance:  
 A speed and pressing medical care; 
2)  Medical escort at transportation;  3)  Acute medical care;  
4)  Emergency: Diagnostics;  
5)   Laboratory diagnostic:  -  bacteriological researches; 
 -  biochemical researches; 
 -  immunologic researches;  -  laboratorial diagnostic of viru s of immunodeficiency of the person 
(AIDS-diagnostics); 
 -  general clinic researches;  -  serologic researches;  -  cytological researches; 
6)  Pathological anatomy;   
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7)  Radiological diagnostics;  
8)  Rontgenologic diagnostic; 
9)  Ultrasonic diagnostics;  10) Functional diagnostic; 
11) Endoscopic diagnostics: Surgery polyclin ic and/or stationary medical care to 
adult and/or child's population by trades;  
12) Obstetrics and gynecology (includi ng auxiliary reproductive technologies); 
13) Allergology and immunology; 
14) Anesthesiology and reanimatology;  15) Andrology;  
16) Valeology; 
17) Hematology; 18) Hyperbaric oxygen therapy; 
19) Dermatovenerology; 
20) Dermatocosmetology; 21) Dietology; 22) Infectious diseases; 
23) Massage; 
24) Narcology; 25) Neuropathology; 
26) Neonatology; 
27) General medical practice, family doctor; 28) Oncology, mammology; 
29) Otorhinolaryngology;  
30) Ophthalmology; 31) Pediatrics; 
32) Psychiatry; 
33) Psychotherapy, medical psychology; 34) Radiology; 
35) Sexual pathology; 
36) Sporting medicine and th erapeutic physical training; 
37) Stomatology:  
 -  therapeutic; 
 - surgical;   -  orthopedic;   -  orthodontic;  
38) Therapy: 
 -  gastroenterology;   -  cardiology;  
 -  nephrology; 
 -  professional pathology;   -  pulmonology; 
 -  rheumatology; 
39) Traumatology, orthopedics and  cambusthiology; 40) Toxicology; 
41) Transplantology; 
42) Urinology;  
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43) Physiotherapy;   
44) Phthisiology 
45) Surgery:   -  abdominal; 
 -  angiosurgery; 
 -  cardiosurgery;  -  microsurgery; 
 -  neurosurgery 
 -  general;  -  plastic; 
 -  thoracic; 
 -  endoscopic 46) Endocrinology: Expert medical activity 
47) Expertise on medical and prophylactic activity;  
47) Expertise of preventive activity;  48) Expertise of capacity for work and professional suitab ility (preventive and 
periodic medical examination);  
49) Psychiatric expertise including forensic  psychiatric, narcological and forensic 
narcological ones); 
50) Folk medicine (healing salving) *:  Unconventional medical activity; 
51) Homeopathy; 
52) Hirudotherary; 53) Manual therapy; 
54) Reflexotherapy; 
55) Phytotherapy and treatment by means of a natural origin; 56) Sanatorium treatment: 
 -  balneotherapy; 
 -  hydrotherapy;  -  paraffin/ozokerite/mud treatment  
57) Blood storage: * including for faces without medical education Sanitary-
hygienic and antiepidemic medical activity; 
58) Hygienic training of the population; 
59) Sanitary – epidemiological expertise; 
60) Sanitary-hygienic and laboratory researches:   -  bacteriological;  -  virologic; 
 -  measurement of a noise, chatteri ng, electromagnetic fields and other 
physical factors;  
 -  parasitological; 
 -  radiometry and dosimetry;  
 -  sanitary and chemical;  -  toxicological. 
66. Types of activity connected with bound with rotation of 
drugs, psychotropic materials and precursors in health 
protection system  LRK "On licensing" Art. 17 1.  Transportation;   
2.  Acquisition;  
3.  Storage; 
4.  Distribution;  
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5.  Sale;  
6.  Usage;   
7.  Destruction. 
Ministry on Extraordinary Situation of the Republic of Kazakhstan 
67. Mounting, adjustment and ma intenance of  fire signalling 
and  fire-prevention automatics   - LRK "On licensing" Art. 33s.i. 1  
68. Production of fire-preventi on engineering, equipment and 
means of fire protection  - LRK "On licensing" Art. 33s.i. 1  
69.    
70.    
Agency of the Republic of Kazakhstan on Land Resources Control 
71. Production of  land-surveyo r, topographic/geodesic  and 
cartographic works -  LRK "On licensing" Art. 25 s.i.5 Land Code of the 
Republic of Kazakhstan Art. 14 
-  LRK "On geodesy and cartography"  
National Bank of the Republic of Kazakhstan and Agency of Repub lic Kazakhstan on Regulation and Supervision of Financial Market  and Financial Institutions 
72. Banking and other operations  stipulated by the banking 
legislation in national and/or foreign currency 
 - LRK "On licensing", Art. 32, s.i. 1-2; 
- LRK "On banks and banking activity in the Republic of 
Kazakhstan " Art. 30 
- LRK "On credit companies" Art. 18 1)  Receipt of the deposits, opening and management of the bank accounts of the 
juridical persons;  
2) Receipt of the deposits, opening and management of the bank accounts of the 
natural persons;  
3) Opening and management of corresponding accounts of banks and 
organizations fulfilling certain types of banking operations; 
4)  Opening and management of metallic accounts of natural and juridical persons 
on which physical quantity of affinitiv e precious metals belonging to given 
person is reflected; 
5)  Cash transactions:  receipt, issue, recalculation, change, exchange, sorting, 
packaging and storage of bank-papers and coins;  
6)  Transfers transactions:  fulfilment of commissions of juridical and natural 
persons on transfer of money;  
7)  Accounted transactions:  bill discount and other promissory notes of  juridical 
and natural persons; 
8)   lending operations:  credit granting in  monetary form on terms of  solvency, 
urgency and repayment; 
10) Fiduciary transactions: funds manage ment, rights of claim on mortgage loans 
management and by affinitive precious metals  in the interest of and by order of  
principal; 
12) Safe operations:  services on storage of securities issued in the documentary 
form, documents and valuables of clients including leasing of safe boxes, cases 
and places;  
15) Encashment and transmission of bank-papers, coins and values; 
16) Organization of exchange ope rations with foreign currency; 
17) Acceptance for collection of payment doc uments (except for the bill of credits); 
18) Issue of check-books; 
19) Opening (marking) and  endorsement of the letter of credit and discharge 
liabilities on it; 
20) Issue of bank guarantees providing for discharge in monetary form;  
21) Issue of the bank guarantees and othe r liabilities for the third persons providing  
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for discharge in monetary form;  
22) Purchasing, receipt in a pawn, count, storage and sale of  affinitive precious 
metals (gold, silver, platinum, metals of platinum group) in bars, coins from 
precious metals; 
23) Purchasing, receipt in a pawn, count, storage and sale of jewellery containing 
precious metals and gems; 
24) Transactions with the bill of credits :  acceptance of the bills for collection, 
granting of services on payment of the bill by the payer, as well as payment of 
the domiciled bills, acceptance of the bills by way of mediation; 
25) Leasing activity; 
26) Emission of own securitie s (except for the stock); 
27) Factoring transactions:  acquisition of  rights of claim for payment from the 
buyer of the goods (works, services) w ith acceptance of risk of non-payment; 
28) Forfaiting operations (forfaiting):  paym ent of debt issue of buyer of the goods 
(works, services) by purchasing the b ill without return of on the seller. 
73. Insurance activities  
 - LRK "On licensing" Art. 32, s.i. 3-5; 
- LRK "On insurance activity" Art. 6 1)   Life insurance;  
2)   Annuity insurance; 3)  Accident and illness insurance;  5) Motor vehicle insurance; 
6) Railway transport insurance; 
7) Air transport insurance; 8) Water transport insurance; 
9) Cargoes insurance; 
10) Casualty insurance except for cases  indicated in the sub items 5) –9); 
12) Insurance of civil and right res ponsibility of motor transport owners; 
14) Insurance of civil and right re sponsibility of air transport owners; 
15) Insurance of civil and right respons ibility of water transport owners;   
19) Compulsory insurance of civil and right responsibility of carrier owners; 
20) Compulsory insurance of civil res ponsibility of carrier before passengers; 
22) Compulsory insurance of civil responsibility of  private notaries; 
24) Compulsory insurance of civil and right  responsibility of  auditors and auditors' 
organizations; 
25) Compulsory insurance of civil and right responsibility of tour operator and 
travel agent; 
26) Compulsory insuran ce in plant cultivation. 
74. Activity of  insurance broker - LRK "On licensing" Art.32s.i.7- LRK "On 
insurance activity" c.1 Art. 17  
75. Actuary activity on the insu rance market  - LRK "On licensing"  Art.32 s.i. 8- LRK "On 
insurance activity" Art. c.1 Art. 19  
76. Broker and dealer activity on a securities market   - LRK "On licensing" Art.32 s.i. 9-10- LRK "On 
securities market" from July 2, 2003 Art. 45  
77. Activity on management of system of the lists of holder 
securities  - LRK "On licensing" Art.32 s.i. 11 
- LRK "On securities market" Art. 45  
78. Activity on investment contro l of pensionary assets   
 - LRK "On licensing" Art.32 s.i. 13 
- LRK "On securities market" from 2 July 2003 Art. 45 
- LRK "On provision of pensions in the Republic of   
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Kazakhstan" 
79. Castody activity on a securities market   
 - LRK "On licensing" Art.32 s.i. 14 
- LRK "On securities market" Art. 45  
80. Investment portfolio management   
 - LRK "On licensing" Art.32 s.i. 12 
- LRK "On securities market" Art. 45  
81. Depository activity on a securities mark et - LRK "On licensing" Art.32 s.i. 1 
- LRK "On securities market" Art. 45  
82. Activity on organization of tr ade with securities and other 
financial instruments   - LRK "On licensing" Art.32 s.i. 16 
- LRK "On securities market" Art. 45  
83. Transfer and agential activ ity on a securities market   
 - LRK "On licensing" Art.32 s.i. 15 
- LRK "On securities market" Art. 45  
84. Activity on utilization of pe nsion fees and on realization 
of pension payments   
 - LRK "On licensing" Art.32 s.i. 17- LRK "On 
provision of pensions in the Republic of Kazakhstan" Art. 
39  
85. Activity of credit office   
 - LRK "On licensing" Art. 32s.i.  18- LRK "On loan 
office and formation of credit histories in the Republic of 
Kazakhstan"  
86.  - LRK "On banks and banking activities" Art. 30   
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87. Operations connected with usage of currency valuables   
   
 - LRK "On licensing" Art.11 s.i. 26 and Art. 32  
- LRK "On currency regulation" Art. 4 1)  Retail trade and rendering of services for a cash foreign currency;  
2)  Opening by residents of  accounts (including accounts in national currency of 
the Republics of Kazakhstan) in foreign banks and other financial institutions 
having appropriate right on the legislation of the states where they are 
registered, except for accounts opening: 
 -  by banks;   -  by  resident natural persons in  foreign banks of countries which are 
members of Organization of Economic Cooperation and Development 
(OECD) and having  minimal required rating of one of rating agencies, 
as well as by persons temporaril y resided beyond the bounds of the 
Republic of Kazakhstan with the purpos e of activity, study, treatment or 
rest; 
3)  Investment of residents overseas except for:  
 -  dealer activity of banks;  
 -  investments in securities of the non-residents which are meeting the 
requirements established by curre ncy and banking legislation of 
Republic of Kazakhstan;  
 -  investments in the authorized cap ital stock of the juridical persons of 
countries which are members of Organization of Economic Cooperation and Development (OECD), and/or of  countries with which ones by 
Republic of Kazakhstan are concluded and are ratified the international 
treaties on mutual encouragements and protection of the investments, as 
a result of which ones to resident e ffecting the investments, more than 
50% of the voting stocks (50% of voices of the participants and more) 
object of investment; 
4)  Transfers of residents for the benef it of the non-residents for payment of the 
bargains providing for transition of interest on the real estate except for 
ownership equated to the immovable things; 
5)  Transfers of residents for the bene fit of non-residents for realization of 
calculations on the import bargains providing advance payment for the goods 
(works, services) for the term more than 180 days, and also excess of obtaining term of the foreign receipt in payment of export of goods (works, services) by 
residents more than 180 days from the date  of export of goods (works, services);  
6)  Obtaining of payments on export of certain goods, the list of which is 
established by the Government of the Republic of Kazakhstan, by residents 
from the non-residents in case if term between date of export of goods and 
obtaining of the export proceeds exceeds 365 days; 
7)  Granting of the credits by residents (except for banks) to non-residents for the 
term of more than 180 days; 
8)  Transfer of a foreign exchange receive d by a resident as the credit from the non-
resident, on accounts of the third persons, except for cases established by the currency legislation of th e Republic of Kazakhstan; 
9)  Transfer by a resident to non-resident of currency values at trust management.   
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Agency of the Republic of Kazakhstan on Informatization and Communication  
88. Production and  services rendering in the field of 
communication  
 -  LRK "On licensing" Art. 22 i.1 s.i. 5 
-  LRK from 5 July 2004 "On communication" 1)  Rendering of services of local telephone communication;  
2)  Rendering of services of the long distance telephone communication; 
3)  Rendering of services of inte rnational telephone communication; 
4)  Rendering of services of a IP -telephony (Internet - telephony); 
5)  Rendering of services of data transm ission (including service the Internet and 
telegraph communications); 
6)  Rendering of services of teleco mmunications on dedicated network; 
7)  Rendering of services of satellite mobile communication; 
8)  Rendering of services of cellular networ k (with  indicating of  standard name); 
9)  Rendering of services of mobile telecommunication (including service of 
mobile wireless / radio telephone, trunking and paging communication); 
10) Rendering of services on organization of private networks (granting on hire 
basis of communication channels and elem ents of  network infrastructure); 
11) Rendering of  postal connection services; 
89. Activity on certificate of correspondence of the open key 
of  the electronic digital signature to the closed key of an 
electronic digital signature, as  well as on endorsement of 
authenticity of the regi stration certificate   -  LRK "On licensing" Art. 22 i.1 s.i. 1-  LRK "On 
electronic document and electronic digital signature" Art. 
20  
90. Usage of  radio-frequency spectrum -  LRK "On licen sing" Art. 22 i.1 s.i. 2 and Art. 22 i.2 s.i. 2,   
-  LRK "On communication" Art. 11  
Committee of National Security of the Republic of Kazakhstan 
91. Activity connected with elaboration, production, repair 
and sale of cryptography security facilities of the 
information, special technical facilities for realization of 
special operation and investigation measures  -  LRK "On licensing" Art. 18 s.i. 2 and Art. 19 
-  LRK from 15 March 1999 "On state secrets" Art. 9 1)  Elaboration, production, re pair, storage and sale of special technical facilities for 
realization of operation and investigation measures;  
2)  Usage of special technical facilities fo r search of technical  channels of the 
information leakage; 
3)  Elaboration of crypt ography facilities of the in formation's protection; 
4)  Sale of cryptography facilities of the information's protection.  
Office of Prime Minister of the Republic of Kazakhstan 
92. All types of activity on techni cal protection of state secrets 
of the Republic of Kazakhsta n, including elaboration, 
manufacturing, mounting, adjustment, usage, storage, 
repair and service of techni cal facilities of protection of 
the information,  protected technical facilities of data 
processing    - LRK "On licensing" Art. 18 s.i. 1  
Government executives (Akims) of Ob last, Cities of Astana and Almaty 
93. Activity in the area of gambling industry  
  
 - LRK "On licensing" Art. 28 1)  Orga nization and maintenance of casino; 
2)  Organization and maintenance of totalizator; 
3)  Organization and maintena nce of handbook men's office; 
4)  Organization and maintenance of hall of playing machines with money prizes. 
94. Production, transfer and distribution of a thermal energy 
(from sources of a thermal energy with a general established heat rate to 100 Gcal/hours inclusively)   -LRK "On licensing" Art. 12 s.i. 1  
95.     
96.    
97. Picking  (purchase), storage, processing and sale  by LRK "On licensing" Art. 12 s.i. 8   
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juridical persons of a scrap a nd waste  of nonferrous  and 
ferrous metals   
98.     
99. Organization and sale of lotteries (except for state 
[national] at territory of oblast, cities of Astana and 
Almaty)   LRK "On licensing" Art. 27 s.i. 9  
100. Operation of boilers (with a general heat rate till 100 
Gcal/hours inclusively) and pipelines working under 
pressure   LRK "On licensing" Art. 12 s.i. 5  
101.    
102. Storage, wholesale and reta il sale of alcoholic production 
(except for beer)   LRK "On licensing" Art. 36 s.i. 3  
Local Executive Authority of the City of Almaty 
103. Tourist activity in the city of Almaty  LRK "On licensing" Art. 27 s.i. 14  
104.    
105. Exportation of a manpower from city of Almaty overseas 
of the Republic of Kazakhstan LRK "On licensing" Art. 27 s.i. 13  
106. Activity on transportation of passengers and cargoes by 
motor transport in the city of Almaty LRK "On licensing" Art. 16   
   WT/ACC/SPEC/KAZ/9/Rev.2
 Page 2139(d): Export and import licensing rules  
 
Licensing procedures 
Export and import of goods excludi ng import of ethyl spirit and 
alcoholic beverages Import of ethyl spirit and alcoholic beverages Compliance with the WTO Agreement on import 
licensing procedures (hereinafter –Agreement) 
The acting Rule was approved by the Resolution of the Government of 
the Republic of Kazakhstan (hereinafter-the RK) No. 1037 dated 
30 June 1997 and came into force 30 days after its publication.    The acting Rule was approved by the Resolution of the 
Government of the RK No. 1031 dated 27 June 1997 and came 
into force 30 days after its publication.       The Rules are transparent and widely available and 
was published prior to coming into force, which is in 
compliance with the provisions  of the Article 1.4 of 
the Agreement.  
The present Rule covers all le gal and natural persons of the Republic of Kaza khstan including foreign citizens independently of  
organization's legal status and registratio n place (hereinafter – the applicant).  The Rule is non-discriminat ory and fair, which is in 
compliance with the Article 1.3 of the Agreement. 
Licenses are issued by the Ministry of industry and trade according to 
the procedures established by th e legislation of the Republic of 
Kazakhstan (hereinafter – the Licensor).      Licenses are issued by the Ministry of Finance according to the 
procedures established by the legislation of the Republic of 
Kazakhstan (hereinafter – the Licensor).      Export and import licenses are issued by the state 
body upon preliminary Agreement with the 
authorized ministries and agencies, usually no more 
than three agencies, excluding licenses for import of 
ethyl spirit and alcoholic beverages  which are issued 
by the Ministry of Finance. Such provision is in 
compliance with the Article 1.6 of the Agreement.  
Licenses are issued on equal basis and terms to all persons complying with the requirem ents established for such type of a lice nce. It is 
prohibited to provide a preferential licensi ng right to the state enterprises except for such activities referred by the legal acts as natural 
monopolies. Foreign legal and natural persons and persons without citizensh ip receive licenses on the same terms and according to the 
same procedures as juridical pers ons and natural persons of Kazakhs tan if it is not otherwise sti pulated by the legal acts of t he RK. It is 
prohibited to issue licenses in order to lim it competition or to provide preferences to some groups of entrepreneurs depending on their 
property, agency interests or location. I ssue of licenses should not a ssist monopoly  strengthening or  limit freedom  of entrepr eneurship.   Licensing procedure of goods export and import is 
not considered as trade li mitation and is applied on 
equal terms to everyone, thus it is in compliance with 
the basic principles of the GATT. 
Introduction of licensing procedures or thei r termination can be done for the matters of the state security, implementation of state 
monopoly, provision of law and order, protection of en vironment, property, life and health of citizen. Basic objectives of goods export and import licensing 
in the Republic of Kazakhstan comply with the 
provisions of the Article XXI of GATT. 
The following documents were necessary to obtain a licence:  (i) 
an application; (ii) a copy of the purchase/sale Agreement between traders, along with an original copy for verification; (iii) a copy of 
a contract between exporter/manuf acturer or importer/consumer if 
the application was filed by a middleman; (iv) a certificate of state 
registration; (v) confirmation for the payment of the licence fee; 
(vi) an activity licence issued by the relevant authorized body on certain types of activities; (vii) a permission from the government 
or the relevant authorized body for certain goods listed in Annex 
2-5 of Government Resolution No. 1037; and (viii) a list of 
submitted documents. The following documents were necessary to obtain a licence:  (i) an 
application; (ii) a copy of a c ontract (agreement) on sales-purchase 
with participants of international trade deal; (iii) a copy of 
certificate of state registration;  (iv) a document confirming the 
payment of licence fee; (v) a licence for production of alcohol 
products in case of importing ethyl spirit; (vi) licence for storage 
and sale of alcohol products in case of importing alcohol products 
(except for beer).       It is necessary to present relevant documents when 
getting a licence for export and import of goods for 
the licensing regime's proper functioning. This 
provision corresponds to the provision of the 
Article 1.5 of the Agreement.    
A licence is given to the appl icant for a period of one calendar year to conduc t export and import operations - by individual t ransactions. 
The licence holder has the right to rej ect a licence notifying the issuing body. 
Licenses are issued for one type of good (work, service) independent of range  of goods included in the contract. Period of licence validity is reasonable, which is in 
compliance with Article 3.5 of the Agreement.     
  WT/ACC/SPEC/KAZ/9/Rev.2 
Page 214 Licensing procedures 
Export and import of goods excludi ng import of ethyl spirit and 
alcoholic beverages Import of ethyl spirit and alcoholic beverages Compliance with the WTO Agreement on import 
licensing procedures (hereinafter –Agreement) 
Licenses are issued no later than within a month, for entities of small business - no later than within ten days since the date  of submission 
of an application along with all necessary documents.    Generally, review of the licence application and 
approval of it by the relevant agencies of the RK does 
not take more than one month.  
A licence is not issued if: 
 
 1. conduction of certain types of activities by the indica ted category of ent ities is prohibited by the legal acts; 
 2. the required documents are not submitted. If the applicant el iminates the indicated drawback s the application is considered  on 
the general basis; 
 3. a licence tax for the right to conduct certain types of activities is not paid; 
 4. the applicant does not meet esta blished qualification requirements; or 
 5. there is a court decree prohibiting conduction of certain types of activities. Procedure of rejection of licence issuing does not 
contradict provisions of th e Articles 1.7 and 1.8 of 
the Agreement. 
If a licence is not issued precisely on the established terms or  if rejection appears as unjustified the applicant has the righ t to appeal to the 
court in one month period. 
If the court discloses the facts of unjustified rejection or untimely issue of a licence it pronounces th e judgment binding the  licensing body 
to issue a licence in ten days period since the date  when the court judgment comes into force.    If the application is not approved the applicant has the 
right to appeal to the court which complies with the 
provision of the Article 3.5 of the Agreement.   
  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 215 
 
 
  9(e): Requirements, terms and fees applied for regist ration of various legal forms of juridical persons  
 
Legal forms List of documents to submit for state 
registration State 
registration 
terms Registration fee 
amount 
Limited Liability Partnership is a partnership founded by one or 
several individuals, registered 
capital of which is separated into shares in the amounts determined by the founding documents. The participants of LLP take none of the company's liabilities and share its risks only within the limits of the contributions made, except for the cases provided by the legislation.  1. Application for registration; 
2. Founding charter if an LLP does 
not operate on the basis of the 
Model Charter; 
3. Receipt or a copy of remittance 
order on payment of the registration fee; 
4. A document confirming the 
company's location (except for small businesses) 10 working 
days 
 
For small businesses: 3 working days 7,600 tenge ≈$57  
 
For small 
businesses:  2,280 tenge ≈$17 
Joint Stock Company - juridical 
person, issuing shares with the purpose to attract funding for performance of their activity.   1. Application for registration; 
2. Founding Charter; 3. Protocol of the meeting of 
founders; 
4. A document confirming the 
company's location; 
5. Receipt or a copy of remittance 
order on payment of the registration fee. 10 working 
days 7,600 tenge ≈$57  
Production Cooperative – a 
voluntary association of individuals on the basis of a membership for joint entrepreneurial activity, based on their personal working participation and unification of the participants' contributions.  1. Application for registration; 
2. Founding Charter if a PC does not 
operate on the basis of the Model Charter; 
3. Memorandum of association 
(optional for founders); 
4. A document confirming the 
company location (except for small businesses); 
5. Receipt or a copy of remittance 
order on payment of the registration fee. 10 working 
days  For small businesses: 3 working days 7,600 tenge ≈$57 
 For small businesses:  2,280 tenge ≈$17 WT/ACC/SPEC/KAZ/9/Rev.2 
Page 216  
 
  9(f): Calculation methodology for import/export licensing fees and 
 
for registration of legal persons  
1.  General Provisions  
 
 Rates of fees for licensing of goods expor tation and importation and for registration of 
juridical persons are calculated in accordance w ith GATT Article VIII.  The fee rates shall be 
fixed and their amounts shall equal to the amount of actual costs incurred by the 
governmental bodies during registering the juridical person and issuing the licence. The fee 
rates shall be quoted in the national currency. 
 2.  Main Costs to be Included into Rates Calculation
 
1.  For licensing of export/import of goods a nd state registration of juridical persons:  
- utilities cost;  
- communication services cost; - transport services cost; - electric power cost; - heating cost; - maintenance, servicing and repair of buildi ngs, premises, equipment and other capital assets; 
- rent of offices; 
- other services and works directly related to the process of rendering services; - purchase of other goods directly relate d to the process of rendering services; 
- other current costs (data traffic, seasons, and international standards) the process of rendering 
services. 
 
2.  For issuing duplicates and re-registering of export and import of goods as well as the 
duplicate for of the certificate on state registration (re-registration) of juridical persons, and branches and representatives thereof: 
- rent of offices; 
- electric power cost; 
- purchase of other goods directly relate d to the process of rendering services. 
 
3.  For state (statistical) re-registration a nd ceasing of the activity of juridical persons and 
branches and representatives thereof: 
- utilities cost; 
- communication services cost; 
- transport services cost; - electric power cost; - heating cost; - maintenance, servicing and repair of buildi ngs, premises, equipment and other capital assets; 
- rent of offices; 
- other services and works directly related to the process of rendering services; - purchase of other goods directly relate d to the process of rendering services; 
- other current costs (data traffic, seasons, and international standards) the process of rendering 
services.      WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 217 
 
 
  3.  Fee Rates Calculation Algorithm  
All actually incurred (or due) expenses under para graph 2 herein shall be calculated per one 
state employee. The amount of these expenses sha ll be the basis for the fee rates calculation. 
Depending on the inflation the fee rates may be adjusted. 
 
4.  Conclusion  
 Governmental bodies use the methodology to calculate the fee rates for the licensing of goods 
exportation and importation as well as for the state registration of juridical persons within their authority. 
 
Source: Order No. 105 of the Ministry of Economy and Budget Planning of 27 August 2005.  
  WT/ACC/SPEC/KAZ/9/Rev.2 
Page 218 ANNEX 10 
10(a): Comparative analysis of provisions of the Agreemen t on Rules of Origin and the Customs Code of Kazakhstan  
 
Article 2 (h) of the Agreement on Rules of 
Origin Annex II, paragraph 3 (d) of  to the Agreement on Rules of 
Origin Customs Code Provisions 
Upon the request of an exporter, importer or 
any person with a justifiable cause, 
assessments of the origin they would accord 
to a good, are issued as soon as possible but 
no later than 150 days1 after the request for 
such an assessment provided that all necessary documents have been submitted. Requests for 
such assessments shall be accepted before 
trade of concerned good begins and may be 
accepted at any later point of time.  Such 
assessments shall remain valid for three years 
provided that the facts and conditions, 
including the rules of origin, under which they 
have been made, remain comparable.  
Provided that the parties concerned are 
informed in advance, such assessments will 
no longer be valid when a decision contrary to 
the assessment is made in a review as referred 
to in subparagraph (j). Such assessments shall 
be made publicly available subject to the 
provisions of subparagraph (k). Upon request of an exporter, importer or any person with a 
justifiable cause, assessments of the preferential origin they 
would accord to a good are issued as soon as possible but 
no later than 150 days after a request for such an 
assessment provided that all necessary elements have been 
submitted.  Requests for such assessments shall be accepted before trade in the good concerned begins and may be 
accepted at any later point in time.  Such assessments shall 
remain valid for three years provided that the facts and 
conditions, including the preferential rules of origin, under 
which they have been made remain comparable.  Provided 
that the parties concerned are informed in advance, such 
assessments will no longer be valid when a decision 
contrary to the assessment is made in a review as referred 
to in subparagraph (f). Such assessments shall be made 
publicly available subject to the provisions of 
subparagraph (g). 
 Article 47. Preliminary assessment: 
 
1.  Upon request of an applicant the customs authorities (except for customs 
stations) shall make a preliminary asse ssment of a particular good as to the 
goods classification in accordance with the Foreign Economic Activity 
Product Nomenclature (FEA PN). 
2.  Subject to the provisions of this Code, the customs bodies specified in 
paragraph 1 of this Article shall make a preliminary decision on the 
application of the methodology to dete rmine the country of origin and the 
customs value of the good concerned.  
Preliminary decisions with regard 
to determination of the country of  origin shall be accepted when 
preferential and non-preferen tial regimes are applied.  The authorized 
customs body shall define the form  and procedure on making such a 
preliminary assessment. 
3.  Subject to Article 299 of this Code the fee shall be charged for such 
preliminary assessment.  
 
Article 48. Application for a preliminary assessment 
 
1.  The applicant shall submit an application in writing to the customs body 
specified in Article 47 of this Code. 
2.  The application shall contain in formation on the good necessary for the 
preliminary assessment.  The application shall have enclosed description of 
the goods, pictures, drawings, commercia l, technical and other documents 
necessary to make a preliminary assessment.  If possible, the applicant shall 
also enclose samples or specimen  of the goods to be assessed. 
3.  The customs body considers the a pplication and issu es a preliminary 
assessment within ten working days since the date when the application was 
registered, provided that no additional data or examination was required. 
4.  If the data submitted by the applicant is insufficient for the preliminary 
assessment, the customs body shall notify the applicant on the need in 
additional information and sets the deadline for its submission. If the 
applicant fails to submit the data in time, the application for preliminary 
assessment shall be dismissed. The gene ral term for submi ssion of additional 
data shall not exceed one month since the day when the applicant was 
                                                      
1 In respect of requests made during the first year from the date  of entry into force of the WTO Agreement, Members shall only b e required to issue these assessments as soon as possible.  
   WT/ACC/SPEC/KAZ/9/Rev.2
 Page 219Article 2 (h) of the Agreement on Rules of 
Origin Annex II, paragraph 3 (d) of  to the Agreement on Rules of 
Origin Customs Code Provisions 
notified in writing. 
5.  If the application was dismissed,  the customs body shall send reasoned 
refuse to the applicant within seven working days.  Dismissal of an 
application does not prohibit the a pplicant from submission of another 
application for preliminary assess ment, provided that the applicant 
eliminates the mistakes, which had caused dismissal of the previous 
application. 
6.  A preliminary assessment or a dismissal of such may be appealed in the 
court in accordance with the procedure defined in this Code. 
 
Article 49. Preliminary assessment expiration term. 
 
A preliminary assessment shall expire in three years since the date it was made by 
the customs authority. 
 
A change in the prelimin ary assessment does not prol ong its validity period. 
 
Article 51. Transparency of preliminary assessments. 
 
Preliminary assessment made by the customs authorities (except for confidential 
information) may be published or made av ailable to any person upon a request in 
writing. 
  
  WT/ACC/SPEC/KAZ/9/Rev.2 
Page 220 10(b): Comparative table on simplification of ex port-import transaction currency control regime  
No. The sequence of old procedures (applied until 1 January 2007)  The sequence of new procedures  (applied as of 1 January 2007 ) 
1 The requirement to transfer the amount to  the accounts at authorized commercial banks 
within 180 days Not required  
The terms are determined by the expo rter/importer and stipulated in the 
contract.   
2 Processing of the transaction passport and additional sheet/attachment to the transaction 
passport by the customs body  Not required 
3 Processing of the transaction passport and additional sheet/attachment to the transaction 
passport by the commercial bank  Required 
4 Presentation of licensing, registration do cument and notification certificate as a 
prerequisite for processing the transaction passport  Not required  
5 In case of failure to meet the 180-day-repatriation deadline period, the payment and/or 
remittance of money shall not be made without registration certificate Not required 
6 In case of failure to meet  the 180-day-repatriation deadline period, the  payment and/or 
remittance of money shall not be made without the license issued by the National Bank Not required  
7 The transaction passport contained the information on:  (i) the total value of the contract, 
(ii) the currency of payment and (iii) the means of payment. In addition, the following 
information was required to be included into the transaction passport:  (iv) passport or 
other details of the head of the company whic h is involved in exportation or importation of 
goods, (v) the bank account details used for payment transactions, (iv) address of the 
relevant tax authority, and (iiv) the list of exported/imported goods with attached specifications. Reduced 
The transaction passport now only contains the information on parties to the 
transaction and terms of the contract: (i) the total value of the contract, (ii) the 
currency of payment and (iii) the means of payment. 
8 The reasons for refusing is suing the transaction passport: 
1) the terms for return of goods and payments in cases of failures to meet the contractual 
obligations were not stipulated in the contract  2) the terms for repayments to be made in cases of failures to meet the contractual 
obligations were not stipulated in the contract Discontinued 
 
9 The restrictions on the difference between th e exchange rate used for transactions with 
foreign currency and market rates      Discontinued   
   WT/ACC/SPEC/KAZ/9/Rev.2
 Page 22110(c): Comparative Table on the Conformity of Law No. 421-1 "On Antidumping Measures" of 13 July 1999 with the provisions of th e WTO Agreement on 
Implementation of Article VI of the GATT 1994  
No. The provisions of WTO Agreement  on 
Antidumping Measures The Article of the Law Previous version of the Law The Revised Version of the Law with a view to 
the amendments and addenda Comments of WTO exporters of WTO 
Secretariat (substantiation) 
1  Subparagraphs 2), 6), 
10) of Article 1, 
Article 3, 7 and 13, paragraphs  1 and 3 of 
Article 15, paragraphs  
1-4 of Article 17, paragraph 1 of 
Article 18, paragraph 1 
of Article 40 Along the whole text of the Law the 
words "normal price" Changed with the words "normal value" 
accordingly WTO Agreement on application of 
Article VI of GATT of 1994 – 
(hereinafter - Agreement) uses "normal value" notion, as in comparison with the 
notion "normal price" the notion "normal 
value" it expresses more precisely the value of the good. Thereupon, the Law is 
amended with the corresponding 
amendment.  
2 Article 2  
Determination of dumping  
2.1 For the purposes of this Agreement 
goods are to be considered as being the subject of dumping, i.e. a good entered to the 
market of another country at the price lower 
than its normal value, if the export price of the given item, exported from one country to another is lower than comparative price 
established for similar good in the framework 
of normal trade practice, allocated for consumption in the exporting country. Subparagraph 11) of 
Article 1  Article 1. Basic concepts 
 11) common trade operations – 
purchase and sale transactions of a 
good at the market price;  
 Article 1. Basic concepts 
 11)  common trade operations – purchase and 
sale transactions of a good at the market 
price, determined for the similar good on consumption in exporting country;  
 The concept common trade operations 
used in this Law does not fully correspond to the concept used in 
the Agreement.  
 
3 Article 4 
Determination of Domestic Industry  
 
4.1 To the effect of  this Agreement the 
term "domestic industry" shall be interpreted 
as being applied to all domestic producers of 
similar products  or to those of them whose total production of these goods makes the 
main part of the whole domestic production  
of these goods apart from the following cases:  
 (i) in cases when the producers 
connected
2 with exporters or 
importers or being the importers 
of products, being the subject of 
dumping admittedly, the term Subparagraphs12), 15) 
of Article 1 12)  domestic producers – Kazakh 
producers of the like products, the 
total volume of production of 
which makes the major portion (more than fifty percent) of the 
production of such products on the 
territory of the Republic of Kazakhstan; 
15)  regional producers – the totality of 
domestic producers of the like products on regional market, 
meeting the following conditions:   
 - Producers sell the main or 
the major portion of their 
products within the given 
market;   12)  domestic producers - Kazakh producers 
of the like products, the total volume of 
production of which makes the main 
portion of the production of such products on the territory of the Republic 
of Kazakhstan; 
15)  regional producers – the totality of 
domestic producers of the like products 
on regional market, meeting the 
following conditions:   
 - Producers sell all or the main 
portion of their products inside in 
given region;   
 - Producers are the only ones who 
deliver the like products in that 
region; The given concept is brought into 
conformity with paragraph 4.1 of 
the Agreement 
 In accordance with paragraph 4 of 
Article 8 of the Law of the Republic of 
Kazakhstan "On Anti-dumping Measures" a compulsory condition for 
initiation of anti-dumping investigation 
upon the application of domestic producers is the ascertainment by the 
authorized body of the fact that the party 
who submitted their opinion on application has the share of more than 
50% of the production volume of 
domestic products.  Those opinions can 
                                                      
2 For the purposes of the given paragraph producers shall be consid ered as being connected with exporters or importers, only in c ase, if:  (а) one of them directly or indirectly controls the other one; or (b) both of 
them directly or indirectly are controlled by the third person; ( с) together directly or indirectly they control the third person,  provided that, there are grounds to su ppose or suspect, that the influence of that 
connection can make given producer act differe ntly of unconnected producers. For the purposes of this paragraph it is considere d that one controls the other, if the first one le gally or actually can bind or direct the actions of 
the last.     
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Secretariat (substantiation) 
"domestic industry" can be interpreted as being applied to other producers;  
 (ii) in exclusive circumstances the 
territory of the member can be divided into two or more 
competing markets for the given 
production and subsequently the producers inside each of these 
markets can be accepted as 
separate industry; if ( а) the 
producers inside such market sell 
their all or almost all products on 
this market and (b) demand on that market is not kept up with by 
the producers of that product, 
being in other parts of the given territory. In such circumstances 
the presence of harm can be stated 
even if the main part of the whole domestic industry does not bear 
losses, provided the concentration 
of dumping import on such separated market and upon the condition of damnification to the 
producers of the whole or almost 
the whole goods on such market by dumping import.     - Producers are the only ones 
who deliver the like products in that region;  be "pro", "against", as well as not express 
definite position. At that the share of products produced by domestic 
producers, supporting the application 
shall make more than 25% of all the like products produced by Kazakh producers.  
Therefore in accordance with the Law of 
the Republic of Kazakhstan on Anti-dumping Measures the share of domestic 
producers, supporting the application can 
be 30 or 60% etc. of all the like products produced by Kazakh producers. 
In this connection, it is advisably to 
consider Kazakh producers of the like products, total production volume of 
which makes the main part of the 
production of this product on the territory of the Republic of Kazakhstan.  
4 5.2 Application made in accordance with 
paragraph 1 shall have proves of anti-
dumping: ( а) dumping, (b) intentional 
damnification of Article VI of GATT 1994, as it is interpreted by this Agreement and ( с) 
cause-and-effect connection between 
dumping import and expected damnification. Simple undefended statement shall not be 
regarded as sufficient for satisfaction of 
requirements of this paragraph. The application shall contain information on the 
following questions which entirely can be at 
the disposal of the applicant:    (i) Applicant's identity and 
description of the volume and 
value of his domestic production of analogous goods. If the written 
application is handed in on behalf 
of domestic industry, than such Subparagraph 1) of 
paragraph 2 of 
Article 8 Article 8. Application on ascertainment 
of dumping, damnification and threat of 
material damage presence 
 2. Application shall include the 
following data: 
1) requisites of applicant or applicants (hereafter applicant), data on production 
of the product by the applicant, (volume 
and price), as well as data on production of the like products by the domestic producers which are known to an 
applicant;  Article 8. Application on ascertainment of 
dumping, damnification a nd threat of material 
damage presence 
  2. Application shall in clude the following data: 
1) requisites of applicant or applicants 
(hereafter applicant), data on production of the products by the applicant (volume and value), 
as well as data on production of the like 
products by the domestic producers which are known to an applicant; Conformity with paragraph 5.2 of the 
(i) Agreement 
 
This proposition was made by the Senate of the Parliament of the Republic of 
Kazakhstan.  
   WT/ACC/SPEC/KAZ/9/Rev.2
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Secretariat (substantiation) 
application shall concretize an industry, on behalf of which it is handed in, via submitting of all 
known domestic producers   of 
analogous type (or associations of domestic producers of analogous 
goods) and, as far as at all 
practicable, description of volume and value of the domestic 
production of the analogous 
product being the share of such producers. 
5 Article 5 
Initiation and subseque nt carrying out of 
investigation  
5.3 Competent bodies shall study accuracy and adequacy of proves, submitted in the 
application, for dete rmination of their 
sufficiency for initiation of investigation.   Paragraphs 2-1 (new) 
of Article 8  Article 8. Application on ascertainment of 
dumping, damnification a nd threat of material 
damage presence 
 2-1. To make a decision on initiation of anti-
dumping investigation a nd for determination of 
proves sufficiency the authorized body shall study data accuracy and credibility, submitted 
in the application. Conformity with paragraph 5.3 of the 
(i) Agreement 
 
The experts of WTO Secretariat noticed the necessity to add Article 8 with the 
revised version of paragraph 5.3 of 
the Agreement.  
6 Article 5 
Initiation and subseque nt carrying out of 
investigation  
5.8 The application handed in according to paragraph 1, shall be disposed and 
investigation shall immediately be terminated 
as soon as competent bodies make certain of the absence of sufficient proves, dumping, or 
damnification, justifyi ng the continuation of 
investigation.   Investigation shall immediately be terminated in cases when 
competent bodies establish that dumping 
difference is negligibly small (de minimis), or that volume of dumping import, actual or 
potential or the size of damnification is 
insignificant.   
Dumping margin shall be considered as 
negligibly small if such margin makes less than 2% of the export price.  The volume of dumping import is usually considered as 
insufficient, if it is known that    the volume 
of dumping import from the definite country makes 3% of the import of the analogous 
products to the importing member-country, 
provided that the countries with individual Subparagraph 1) of 
Article 10 Article 10. Grounds for refusal in 
initiation of anti-dumping investigation  
Authorized body shall refuse in 
initiation of antidumping investigation upon received application in the cases 
when the following sh all be ascertained: 
1)  dumping margin is less than 5% of 
the export price; 
2)  volume of delivery of dumping 
products and material damage is insufficient than i.e. a supply of a 
good from the country in relation 
of which the application was submitted, shall make less than 3% 
of delivery of the whole similar 
products to Kazakhstan, except for the cases when the combined 
supply of several countries makes 
more than 7% of the supply of the similar products to Kazakhstan;  
3) terms provided by paragraph 4 of 
Article 8, shall not be fulfilled.   Article 10. Grounds for refusal in initiation of 
anti-dumping investigation  
The authorized body shall refuse in initiation 
of antidumping investig ation upon the received 
application in the cases when the following 
shall be ascertained:  
1)  dumping margin makes less than 2% of 
the export price;  
2)  volume of delivery of dumping products 
and material damage of them is insufficient  i.e. a supply of a good from 
the country in relation of which the 
application was submitted, shall make less than 3% of delivery of the whole 
similar products to Kazakhstan, except 
for the cases when the combined supply of several countries makes more than 7% 
of the supply of th e similar products to 
Kazakhstan;  
3)  terms provided by paragraph 4 of 
Article 8, shall not be fulfilled.   In Article 5.8 of the Agreement on Anti-
dumping measures there specified 
de minimis rate (minimal dumping 
margin) of 2% of export price, whereas the Law specifies the minimal dumping 
margin was less than 5%. That is the 
reason why Article 10 of the Law was amended correspondingly.    
  WT/ACC/SPEC/KAZ/9/Rev.2 
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the amendments and addenda Comments of WTO exporters of WTO 
Secretariat (substantiation) 
share of more than 3% of analogous products import to the importing member-country makes more than 7% of analogous products 
import to the importing member-country.  
7 Article 5 
Initiation and subseque nt carrying out of 
investigation   
5.5 Before the moment when the decision 
on investigation initiation is not made competent bodies shall avoid any disclosing 
of the application with the request on 
investigation initiation.  However upon the reception of the appropriate documentary 
application and before investigation initiation 
the competent bodies shall notify the Government of the interested exporting 
member-country.  
 Paragraph 1-1 of  
Article 12 (new) Article 12. Decision on initiation or 
refusal in anti-dumping investigation   
 1.  Decision on initiation or refusal in 
initiation of anti-dumping 
investigation shall be made by the authorized body within 30 days 
from the day of application 
acceptance on the basis of submitted information study with 
observance of all terms of Articles 
8-10 of this Law.   
2.  Upon the decision making on 
initiation of anti-dumping 
investigation the authorized body shall publish the notification in official editions, determined by the 
Law of the Republic of 
Kazakhstan "On legal acts", and shall direct the notifications to the 
interested persons.  Article 12. Decision on initiation or refusal in 
anti-dumping investigation   
 1-1. Before decision making on initiation of 
anti-dumping investigation the authorized body 
shall not disclose the information on the submitted application with the exception of the 
notification of Governme nt of the interested 
country.  Paragraph 1-1 is added to bring it into 
conformity with paragraph 5.5 of 
the Agreement.  The given proposal was submitted by the 
Senate of the Parliament of the Republic 
of Kazakhstan.   
8 Footnote 16 of paragraph 12.1.1 of 
the Agreement 
 If the competent bodies submit the 
information and explanations according to 
the provisions of this Article in the separate message than they shall provide for 
availability of this message to publicity.  
 Paragraph 3-1 of  
Article 12 (new) Article 12. Decision on initiation or 
refusal in anti-dumping investigation  
3. Notification on anti-dumping investigation initiation shall contain the 
following information:  
1)  the name of the authorized body, 
dealing with anti-dumping 
investigation;  
2)  the name of the exporting country 
or countries and the names of the 
products, the supply of which is 
under the anti-dumping investigation;  
3)  initiation date of anti-dumping 
investigation; 
4)  basis for investigation initiation;  5)  the summary of facts, proving the 
validity of application;   
6)  the terms within which interested 
persons shall submit their petitions 
to the authorized body for 
obtaining possibility of Article 12. Decision on initiation or refusal in 
anti-dumping investigation   
 3-1. If the authorized body submits the 
notification on initiation of anti-dumping 
investigation to an individual interested person, than he is to provide fo r the availability of the 
given notification to othe r interested persons;  
 According to the footnote 12.1.1. of 
the Agreement  it is determined the 
information and explanation in accordance with the provisions of this 
Article in the separate message, then they 
provide the availability of such message to publicity.  
For this reason Article 12 of the Law is 
completed with paragraph 3-1.   
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Secretariat (substantiation) 
familiarization with the case, sharing their opinion and conduction of meetings of 
interested persons.  
9 Article 6 
Proves 
 6.1.2 Taking into account the requirements 
on protection of confidential information, 
proves submitted in written form by one interested side shall immediately be made 
available for other interested persons, being 
participants of the investigation.   Paragraph 5 of  
Article 12 (new) Article 12. Decision on initiation or 
refusal in anti-dumping investigation   
 4.  In case of the refusal in initiation 
of anti-dumping investigation the 
authorized body shall notify the applicant about it, specifying the 
reasons of it within 10 days 
following the moment of decision making.   Article 12. Decision on initiation or refusal in 
anti-dumping investigation   
 5.  Proves obtained by the authorized body 
shall be made available to all interested 
persons, participating in anti-dumping investigation, except for the information 
being confidential.  Conformity of this paragraph with 
paragraph 6.1.2. of the Agreement. 
The experts of WTO Secretariat noted on the necessity of amending of Article 12 of 
the Law with the norm of the paragraph 
6.1.2 of the Agreement.   
10  Paragraph 1 of  
Article 18 Article 18. Conversion of currency 
under dumping determination  
1.  If the comparison of export and 
normal prices shall constitute of conversion of currencies, than 
such conversion shall be made by 
the authorized body using official exchange rate, established by the National Bank of the Republic of 
Kazakhstan as of the date of sale. 
The date of sale is usually considered as the date of the 
contract, purchase order, order 
confirmation or account depending on what document defines sales 
terms.  Article 18. Conversion of currency under 
dumping determination  
1.  If the comparison of export and normal 
prices shall constitute of conversion of currencies, than such conversion shall be 
made by the authorized body using 
official exchange rate of currencies, established by the National Bank of the Republic of Kazakhstan as of the date of 
sale. The date of sale is usually 
considered as the date of the contract, purchase order, order confirmation or 
account depending on what document 
defines sales terms. Specification and improvement of the 
version.  
These addenda and amendments are 
proposed by Mazhilis of the Parliament of the Republic of Kazakhstan.  
 
11 Article 5 
Initiation and subseque nt carrying out of 
investigation   
5.10 Investigation shall be finished within 
one year and by no means later than in 18 months following its initiation except for the 
exceptional circumstances.  
 Article 24 Article 24. The terms of anti-dumping 
investigation  
 Anti-dumping investigation concerning 
the facts of dumping and material 
damage or threat of damage can not exceed nine months following the date 
of its initiation.  Article 24. The terms of anti-dumping 
investigation  
 Anti-dumping investigation concerning the 
facts of dumping and materi al damage or threat 
of damage shall be fini shed within one year 
from the date of its initiation. 
In exclusive cases this term can be prolonged 
by the authorized body, but for not more than 6 months.  The terms of anti-dumping investigation 
shall be adjusted to the appropriate terms, 
stipulated for in the Agreement.  According to WTO standards anti-
dumping investigation shall be conducted 
during one year and can be prolonged for six months when required. Previously 
anti-dumping investigation had to be 
continued for 9 months according to our Law. 
12  Paragraph 1 of  
Article 25 Article 25. Information on anti-dumping 
investigation  
1.  After the initiation of anti-
dumping investigation the authorized body shall send the 
requests to the interested persons.  Article 25. Information on anti-dumping 
investigation  
1.  After the initiation of anti-dumping 
investigation the authorized body shall send the requests to the interested persons 
within three days. WTO experts insisted upon the fact that 
after the initiation of anti-dumping 
investigation the authorized body shall 
immediately direct the appropriate request to the interested persons.   
  WT/ACC/SPEC/KAZ/9/Rev.2 
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13  Paragraph 4 of  
Article 26 Article 26. Confidentiality of 
information on anti-dumping investigation  
 
4.  A person responsible for 
disclosing of confidential 
information shall be liable in 
accordance with the legislation of the Republic of Kazakhstan.  Article 26. Confidentia lity of information on 
anti-dumping investigation   
4.  A person responsible for disclosing of 
confidential information shall be liable in accordance with the la ws of the Republic 
of Kazakhstan. According to subparagraph 1) of 
paragraph 3 of Article 61 of the Constitution of the Republic of 
Kazakhstan, public relations, concerning 
the liability of natural and juridical persons shall be governed by the Laws.   
Proposal from the Senate of the 
Parliament of the Republic of Kazakhstan.  
14 Article 6 
Proves 
 
6.2 During the whole process of anti-dumping investigation all interested parties 
shall have right to protect their interests. To 
this effect competent bodies shall provide all interested persons upon the request of the 
interested parties with the possibility to meet 
the sides, having adverse interests for the purpose of having opposite opinions and 
their negations. Such possibilities shall be 
allocated taking into acc ount the necessity of 
confidentiality perseverance and comfort of Parties. Neither Party must present at the 
meeting nor shall absence of any Party entail 
damage to interests of  this Party. Having 
reasonable grounds interested parties shall 
have right to orally submit additional 
information.  6.3 Oral information, presented in 
accordance with paragraph 2, shall be taken 
into account by the investigation bodies  only to the extent in wh ich it shall be than 
reproduced in written form and shall be made 
available of other interested persons as it is provided in paragraph 1.2.   
6.4 When it can be practically exercised, 
competent bodies shall timely made available for all interested persons  the possibility to get 
acquainted with the whole information, 
having concerns to assignment of 
argumentation on these cases, which is not confidential as it is specified in paragraph 5 
and which is used by competent bodies in 
anti-dumping investigation, as well as to prepare documents on the basis of such 
information.  Article 29 Article 29. Meetings of interested 
persons  
 
1.  During anti-dumping investigation 
the authorized body upon the 
request of interested persons shall 
provide them with the possibility to meet the parties having opposite 
interests for the discussion of 
investigation materials and to present additional information. 
Oral information shall be taken 
into account by the authorized body after its written confirmation within ten days after the meeting.  
2.  The absence of any interested 
parties on such meetings shall not entail any material harm to their 
interests at the moment of the 
investigation.  Article 29. Meetings of interested persons 
 
1.  During anti-dumping investigation all 
interested parties shall protect their interests. To that effect the authorized 
body shall provide interested persons 
with the possibility to meet the parties having opposite interests for the 
discussion of investigation materials and 
to present additional information.   Under the presence of the grounds all interested 
parties shall have right to submit 
additional information in oral form.  
 The absence of any interested parties on 
such meetings shall not entail any 
material harm to their interests at the 
moment of the investigation.  
2.  Oral information shall be taken into 
account by the authorized body after its 
written confirmation within ten days after the meeting.  
3.  The authorized body shall provide all 
interested persons with the opportunity to get acquainted with all non-confidential 
information, used by the authorized body 
in anti-dumping investigation, for preparation of arguments on their cases.   Harmonization with paragraphs 6.2, 6.3 
and 6.4 of the Agreement.  
The experts of WTO Secretariat noted the 
necessity of amendments which will bring transparency of the executed 
investigation.    
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15 Article 12 
Public notice and justification of the awarded decisions 
 
12.2.1  Public notice on introduction of anti-dumping measures shall contain or make 
available by means of separate message 
detailed explanations of  provisional decisions 
on presence of dumping and damage, and 
contain the references to the facts and legal 
norms on the basis of which the put in arguments shall be accepted or rejected. Such 
notification or message, taking into account 
the requirement on protection of confidential information, shall in particular contain:  
 (i)  the names of suppliers, or if it is 
practically unrealizable of  the appropriate member-countries;  
 (ii) the description of products 
sufficient for customs purposes;  
 (iii) the established dumping margin 
and full justification of 
methodology choice, used for 
establishing  and comparison of export price and normal value in 
accordance with Article 2;  
 (iv) considerations concerning the 
establishment of damage as it is 
stated in Article 3;  
 (v) basic motives for such 
establishment.  Paragraph 1-1 of  
Article 30 (new) Article 30. Introduction of temporary 
anti-dumping measures  
1.  After making preliminary decision 
on the presence of dumping and material damage or threat of it the 
authorized body shall the 
notification with the intention to apply temporary anti-dumping 
measures to all interested persons 
and official bodies of their countries. During 20 days after 
notification all interested persons 
involved into the investigation shall have right to give written 
notes in relation to the grounds for 
anti-dumping measures application, which shall be 
accepted or rejected by the 
authorized body under its preparation of the conclusion on introduction of temporary anti-
dumping measures.     
 Article 30. Introduction of temporary anti-
dumping measures   
1-1.  Taking into account the requirements of 
the present Law to confidential information, notification on introduction 
of temporary anti-dumping measures 
shall contain:  
 - the names of suppliers, or if it is 
practically unrealizable of  the 
appropriate member-countries; 
 - the description of products 
sufficient for customs purposes;  
 - the ascertained dumping margin 
and full justification of 
methodology choice, used for 
establishing  and comparison of export price and normal value in accordance with Article 3 of this 
Law;  
 - opinions of the authorized body in 
relation to the establishment of 
damage presence in accordance 
with Chapter 4 of this Law;  
 - main arguments for introduction of 
anti-dumping measures.  
 Article is amended with paragraph 1-1, as 
it does not contain the norm defining the requirements in relation of what 
information shall be in the notification of 
introduction of temporary anti-dumping measures.  
16 Article 7 
Temporary measures 
 
7.3 Temporary measures shall not be applied earlier than in 60 days following the 
date of investigation initiation.  
7.4 Application of temporary measures shall be limited to the shortest period, not 
exceeded four months, or six months upon 
the decision of appropriate competent bodies on the ground of the request of having the 
sufficient share in trade. Those periods can 
be six or nine months correspondingly when competent bodies examine whether the tax, 
which is lower than dumping margin, is 
sufficient for damage rehabilitation.     Paragraphs 3 of  
Article 30 Article 30. Introduction of temporary 
anti-dumping measures  
 
3.  Temporary anti-dumping measures 
can be applied to import of 
dumping goods not earlier than in 
two months following the moment investigation and introduced for 
the term of 6 months.   
  In case when the amount of temporary 
anti-dumping duty is lower than 
dumping rate and sufficient for damage rehabilitation, the term of their validity can make 9 months.  Article 30. Introduction of temporary anti-
dumping measures  
 
3.  Temporary anti-dumping measures can 
be applied to import of dumping goods 
not earlier than in two months following 
the moment investigation and introduced for the term of 6 months. 
 
In case when the amount of temporary anti-dumping duty equals to the amount of 
preliminary calculated dumping margin the 
term of validity of temporary anti-dumping duty must not exceed four months except for the case when the given term is prolonged to 6 
months upon the decision of the authorized 
body on the basis of exporter's request, the The Agreement has other terms for 
introduction of temporary anti-dumping 
measures.  
Under consideration of the Law by the experts of WTO Secretariat they made 
some notes on the necessity to state the 
revision of paragraph 3 of Article 30 of the Law in accordance with paragraphs 3 
and 4 of Article 7 of this Agreement.  
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share of whom in delivery volume of dumping goods, being the subject matter of the investigation makes sufficient pArt.   
In case if the rate of temporary anti-dumping 
duty is less than preliminary calculated dumping margin the term of validity of 
temporary anti-dumping duty must not exceed 
six months, except for the case when the given term is prolonged to 9 months upon the 
decision of the authorized body on the basis of 
exporter's request, the share of whom in delivery volume of dumping goods, being the 
subject matter of the investigation makes 
sufficient pArt.  
17  Subparagraph 2) of 
paragraph  2 and 4 (new) of Article 31 Article 31. Conclusion on introduction 
of antidumping measures or termination of anti-dumping investigation without 
their introduction  
 2.  Anti-dumping investigation shall 
be terminated by the authorized 
body without introduction of anti-
dumping measures, if:  
 2) dumping margin is less than 
5% of the export price or the 
volume of dumping import (actual or potential) or the 
amount of material damage 
or threat of it is insufficient in accordance with the 
provisions of this Law.  Article 31. Conclusion on introduction of 
antidumping measures or termination of anti-dumping investigation without their 
introduction 
 2.  Anti-dumping investigation shall be 
terminated by the authorized body 
without introduction of anti-dumping 
measures, if: 
 2)  dumping margin is less than 2% of 
the export price or the volume of 
dumping import (actual or potential) or the amount of material 
damage or threat of it is insufficient 
in accordance with the provisions of this Law. In Article 5.8 of the Agreement on Anti-
dumping measures there specified de minimis  rate (minimal dumping 
margin) of 2% of export price, whereas 
the Law specifies the minimal dumping margin was less than 5%.   
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18 Public notice and justification of the awarded 
decisions  
12.2.2 Public notice on closing or 
termination of investigation in case of positive decision, stipul ating the introduction 
of final rate or incurrence of liabilities on 
prices shall contain or make available whole information concerning facts and legal norms 
via separate message, as well as the causes 
for introduction of final measures or incurrence of liabilities on prices with a 
proper glance to the requirements on 
protection of confidential information. In particular notification or message shall 
contain the information, described in 
paragraph 2.1, as well as the reasons for acceptance or rejecting of appropriate 
arguments or requirements, expressed by the 
exporters or importers, or on the basis of any other decision, made in accordance with subparagraph 10.2 of Article 6. Paragraph 4 of  
Article 31 (new) Article 31. Conclusion on introduction 
of antidumping measures or termination of anti-dumping investigation without 
their introduction  
 3.  Notification on termination of the 
investigation without introduction 
of anti-dumping measures shall be published in official editions.  Article 31. Conclusion on introduction of 
antidumping measures or termination of anti-dumping investigation without their 
introduction  
 4.  Notification on introduction of anti-
dumping measures shall be published in 
official editions and in accordance with the requirements of this Law to 
confidential information shall contain the 
whole information on the investigation and concerns facts and legal norms for 
introduction of anti-dumping duties as 
well as the reasons for acceptance or rejecting of written proves or 
requirements, afforded by the suppliers 
and interested persons in the course of the anti-dumping investigation.   The given Article is added with paragraph 
4, determining the publication of notification on introduction of anti-
dumping measures, and the requirements 
to that notification as well.  
19  Article 43 Article 43. Li ability for infringement of 
legislation on anti-dumping measures  
Liability of the authorized body and its 
officials for infringement of legislation on anti-dumping measures shall be 
applied in accordance with the 
legislation of the Republic of Kazakhstan.   Article 43. Liability for infringement of 
legislation on anti-dumping measures  
Liability of the authorized body and its 
officials for infringement of legislation on anti-dumping measures shall be applied in 
accordance with the laws  of the Republic of 
Kazakhstan.   According to subparagraph 1) of 
paragraph 3 of Article 61 of the 
Constitution of the Republic of 
Kazakhstan, public relations concerning liability of natural and juridical persons 
shall be governed by the Laws.    
Proposal of the Senate of the Parliament of the Republic of Kazakhstan.  
  
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of 16 July 1999 with the provisions of the WTO Agreement on Subsidies and Countervailing Measures  
No. Standards of the WTO Agreement On subsidies 
and countervailing measures Article of the Law Old version of the Law Version of the Law after making 
amendments and additions Comments 
of the WTO Experts 
WTO  Secretariat 
(substantiation) 
1. Article 16 
Definition of Domestic Industry 
 
16.1 For the purposes of this Agreement, the term "domestic industry" shall, except as 
provided in paragraph 2, be interpreted as 
referring to the domestic producers as a whole of the like products or to those of them whose 
collective output of the products constitutes a 
major proportion of the total domestic production of those products, except that when 
producers are related to the exporters or 
importers or are themselves importers of the allegedly subsidized product or a like product 
from other countries, the term "domestic 
industry" may be interpreted as referring to the rest of the producers.  
 
 sub-Paragraph 8) of 
Article 1 Article 1 
Main definitions used in this Law  
 
(8)  domestic producers - Kazakh 
producers of the like or directly 
competitive product which collective 
output of production constitutes a major proportion (more than fifty 
percent) of the production of the given 
products within the territory of the Republic of Kazakhstan. 
 
  Article 1 
Main definitions used in this Law  
 
(8) domestic producers - Kazakh 
producers of the like or directly 
competitive product which 
collective output of production constitutes a major proportion of 
the production of the given product 
within the territory  of the Republic 
of Kazakhstan. 
 
 The given definitions are adjusted in 
accordance with paragraph 16.1 of the 
WTO Agreement on subsidies and 
countervailing measures.   
Pursuant to paragraph 4 of Article 16 
of the Law of the Republic of Kazakhstan "On subsidies and 
countervailing measures", the 
compulsory condition for initiating the investigation procedure upon request 
from the domestic producers is the 
establishment by the competent authorities of the fact that the 
proportion of those who expressed 
their views regarding the request constitutes more than fifty percent of the output of the products of the 
domestic producers. Those views may 
be the pros and cons as well as without the expression of a definite attitude. At 
that, the proportion of the products 
produced by the domestic producers who supported the request shall be 
more than twenty-f ive percent of all 
the like products produced by Kazakh producers.  
 
Therefore, pursuant to the Law "On subsidies and countervailing 
measures" the proportion of the 
domestic producers who supported the request may constitute thirty, sixty etc. 
percent of all the like products 
produced by Kazakh producers.   In this connection, it is advisable to 
interpret the domestic producers as 
Kazakh producers of the like products whose collective output of the 
products constitutes a major 
proportion of the production of those  
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(substantiation) 
products within the territory of the Republic of Kazakhstan.  
2.  sub-Paragraph 9) of 
Article 1 Article 1 
Main definitions used in this Law  
 (9)  a like product -  product classified 
under the same code in the foreign 
economic activity commodity classification of the Commonwealth of 
Independent States and completely 
identical to the other product and comparable thereto in respect of its 
functional purpose, use, qualitative 
characteristics and performance specification as well as of other key 
properties. Article 1 
Main definitions used in this Law  
 (9) a like product -  product classified 
under the same code in the foreign 
economic activity commodity classification and completely 
identical to the other product and 
comparable thereto in respect of its functional purpose, use, qualitative 
characteristics and performance 
specification as well as of other key properties. 
 The words "of the Commonwealth of 
Independent States" have been 
excluded as unnecessary.  Since in accordance with the Customs 
legislation of the Republic of 
Kazakhstan the foreign economic activity commodity classification used 
in the Republic of Kazakhstan 
corresponds to the Harmonized Commodity Description and Coding 
System of the World Customs 
Organization and to the unified Foreign economic activity commodity 
classification of the Commonwealth of 
Independent States. 
3.  Paragraph 3 of 
Article 7 Article 7 
Determination of specific subsidy 
 3.  When as a result of the investigation 
conducted by the authorized body it 
was established that the import of a product which production and/or 
export involved the application of a 
specific subsidy of a foreign country (union of foreign countries) have 
caused or is threatening to cause 
serious material injury to the domestic producers, the Government of the 
Republic of Kazakhstan shall be 
entitled to apply the countervailing measures with the exception of cases 
stipulated by paragraph 4 of this 
Article and by paragraph 2 of Article 8 of this Law.  Article 7 
Determination of specific subsidy 
 3.  When as a result of the 
investigation conducted by the 
authorized body it was established that the import of a product which 
production and/or export involved 
the application of a specific subsidy of a foreign country (union of 
foreign countries) have caused or is 
threatening to cause serious material injury to the domestic 
producers the Government of the 
Republic of Kazakhstan shall be entitled to apply the countervailing 
measures with the exception of the 
case stipulated by paragraph 4 of this Article. In view of the removal of Article 8 of 
the Law "On subsidies and 
countervailing measures".   
  
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(substantiation) 
4.  Article 8 Article 8 
Non- countervailed subsidies 
 1.  The subsidies that are not specific by 
nature shall not be subject to 
countervailing.  
2.  The following subsidies shall not be 
subject to the countervailing measures: 
 1) subsidies aimed at conducting of 
scientific-and research works carried 
out by the enterprises or the institutes of higher education, or by the 
scientific-and-research institutions 
under a treaty with the enterprises when such subsidies constitute not 
more than 75 percent of the industrial 
research costs or 50 percent of the development work costs and provided that such subsidies are limited to: 
 
 -  expenses for the salaries of the 
personnel (research employees, 
technicians and other support 
personnel engaged in scientific-and-research works only); 
 -  expenses for purchase of devices, 
equipment, land and buildings permanently used solely for the 
scientific-and-research activities; 
      -  expenses for the consultations 
and equivalent services used 
solely for the scientific-and-
research works including the purchase of the scientific-and-
research information, patents etc.; 
       -  additional expenses resulting 
from the scientific-and-research works; 
       -   other operational expenses 
(expenses for raw products and materials etc.) resulting from the 
scientific-and-re search work; 
 2)  subsidies aimed at financing of the 
depressed regions within the country of Article 8 has been removed. Article  8 of the Law of the Republic of 
Kazakhstan of July 16 1999 "On 
subsidies and countervailing measures" is corresponding with 
Article 8 of the WTO Agreement on 
subsidies and countervailing measures, while the effectiv eness of that 
Article has been terminated. However, 
as it was pointed out by the experts of the WTO Secretariat, each country 
shall be free to decide whether to use 
that regulation in its domestic legislation or not.  
In this connection taking into account 
the international practice, it is necessary to remove this Article.     
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(substantiation) 
origin or export which is granted within the framework of the state 
regional policy; 
3)  subsidies aimed at facilitation of the 
adjustment of the existing 
infrastructure to the new requirements in respect of the environmental 
protection which require additional 
financing provided that such facilitation:  
 
  -  is a non-recurrent measure;  -  is limited to 20 percent from the 
total amount of the expenses for 
the adjustment; 
      - does not cover the expenses for 
the replacement and operation of 
the subsidized equipment which 
shall be borne by an enterprise; 
     -  is proportionate to the decrease of 
the adverse effects  and reduction 
of the pollution level and does not cover the savings of the 
production costs which may be 
made in the given case; 
     -  is available for all enterprises 
which may furnish themselves 
with new equipment and/or engineering procedures.  
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(substantiation) 
5.  Paragraph 2 of 
Article 8 Article 9 
Determination of material injury  
 2.  Where import of a product subsidized 
by a foreign country (union of foreign 
countries) from more than one country is subject to simultaneous investigation 
the cumulative effect of the import of 
such a product shall be assessed in the case if it is determined that the amount 
of subsidies to be countervailed   
established in relation to the imports from each country and the volume of 
the imports of products subsidized by a 
foreign country (union of foreign countries) from each country are 
significant and exceed the levels 
determined in Articles 7, 8 and 10 of this Law.   Article 9 
Determination of material injury  
 2.  Where import of a product 
subsidized by a foreign country 
(union of foreign countries) from more than one country are subject to 
simultaneous investigations the 
cumulative effect of the imports of such products shall be assessed if it 
is determined that the amount of 
subsidies to be countervailed   established in relation to the import 
from each country and the volume of 
the imports of products subsidized by a foreign country (union of 
foreign countries) from each country 
are significant and exceed the levels determined in Articles 7 and 10 of this Law.   In view of the removal of the Article 8 
of the Law.  
6. Article 13 
Consultations 
 
13.1  As soon as possible after an application under Article 11 is accepted, and in any event 
before the initiation of any investigation, 
Members the products of which may be subject to such investigation shall be invited for 
consultations with the aim of clarifying the 
situation as to the matters referred to in paragraph 2 of Article 11 and arriving at a 
mutually agreed solution. 
 13.2 Furthermore, throughout the period of 
investigation, Members the products of which 
are the subject of the investigation shall be afforded a reasonable opportunity to continue 
consultations, with a view to clarifying the 
factual situation and to arriving at a mutually agreed solution.  
13.3 Without prejudice to the obligation to 
afford reasonable opportunity for consultation, these provisions regarding consultations are 
not intended to prevent the authorities of a 
Member from proceeding expeditiously with Article 17-1 (new) Was absent Article 17-1 
Holding of Consultations 
 
1.  The competent authorities after an 
application is accepted, and before 
the initiation of the investigation 
shall communicate to the foreign countries (unions of foreign 
countries) the products of which 
may be subject to such investigation the invitation for consultations with 
them with the aim of clarifying the 
situation as to the matters referred to in paragraph 3 of Article 16 of this 
Law and arriving at a mutually 
agreed solution. 
2.  Throughout the period of 
investigation the foreign countries 
(unions of foreign countries) the products of which are the subject of the investigation shall be afforded an 
opportunity to continue 
consultations with the competent authorities, with a view to clarifying 
the factual situation and to arriving 
at a mutually agreed solution. The Law of the Republic of 
Kazakhstan of 16 July 1999 "On 
subsidies and countervailing 
measures" does not provide for the opportunity of holding consultations 
with the aim of settling the matter 
without conducting the investigation and application of countervailing 
measures.  
 The experts of the WTO Secretariat 
have pointed out regarding this matter 
to the necessity of making the appropriate amendment to the Law.   
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(substantiation) 
regard to initiating the investigation, reaching preliminary or final determinations, whether 
affirmative or negativ e, or from applying 
provisional or final measures, in accordance 
with the provisions of this Agreement. 
 13.4 The Member which in tends to initiate any 
investigation or is conducting such an 
investigation shall permit, upon request, the Member or Members the products of which are 
subject to such investigation access to 
non-confidential evidence, including the non-confidential summary of confidential data 
being used for initiating or conducting the 
investigation. 3.  Holding of consultations shall not 
prevent the initiating of the 
investigations, reaching preliminary or final determinations, or applying 
provisional or fi nal countervailing 
measures, in accordance with this Law.  
4.  The competent authorities, upon 
request of the foreign countries (union of foreign countries) the 
products of which are subject to the 
investigation, shall permit access to non-confidential evidence, being 
used for initiating or conducting the 
investigation. 
7. Article 12 
Evidence  12.1.1 Exporters, foreign producers or 
interested Members receiving questionnaires 
used in a countervailing duty investigation shall be given at least 30 days for reply. Due 
consideration should be given to any request 
for an extension of the 30-day period and, upon cause shown, such an extension should be 
granted whenever practicable. 
 Paragraph 1 of 
Article 21 Article 21 
Request for information  1.  After initiating the investigation the 
competent authorities shall 
communicate the requests to the interested parties. 
 
 The interested parties shall be given one month for the preparation of the reply to 
the request counting from the date of its 
receipt. The request shall be considered to be received 7 days after it has been mailed or 
handed over to the representative of the 
interested party.   In the course of the investigation the 
competent authorities may request the 
additional information from the interested parties with indication of the deadline for the 
reply.  
 Article 21 
Request for information  1.  After initiating the investigation the 
competent authorities shall 
communicate the requests to the interested parties. 
 
 The interested parties shall be given one month for the preparation of the reply 
to the request counting from the date of its 
receipt. The request shall be considered to be received 7 days after it has been mailed 
or handed over to the representative of the 
interested party.   The competent authorities shall give 
due consideration to any request from the 
interested parties  fo r an extension of the 
stated one month period and, upon a 
sufficient cause shown, such an extension 
should be granted in the course of the investigation.  In the course of the investigation the 
competent authorities may request the 
additional information from the interested parties with indication of the deadline for 
the reply.  In accordance with paragraph 1 of 
Article 21 of the Law of the Republic of Kazakhstan of 16 July 1999 "On subsidies and countervailing 
measures", after initiating the 
investigation the competent authorities shall communicate the requests to the 
interested parties which shall be given 
one month for the preparation of the reply to the request counting from the 
date of receipt of such request. 
At the same time, Article 12.1.1 of the WTO Agreement on subsidies and 
countervailing measur es provides for 
the extension of that term upon cause shown.    
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28 December 1998 with the provisions of the Agreement on Safeguards  
 
No. Standards of the WTO Agreement on 
Safeguards 
 Article of the Law Old version of the Law Version of the Law after making amendments 
and addenda Comments 
of the WTO Experts 
WTO  Secretariat 
(grounding) 
1. Article 4 
Determination of Serious Injury or Threat Thereof 
 
(c) in determining injury or threat 
thereof, a "domestic industry" shall 
be understood as to mean the 
producers as a whole of the like or directly competitive products 
operating within the territory of a 
Member, or those whose collective output of the like or directly 
competitive products constitutes a 
major proportion of the total domestic production of those 
products. Subparagraph 8) 
of Article  1 Article 1 
Main definitions   
(8)  domestic industry (producers)  - Kazakh 
producers of the like or directly competitive products the collective 
output of which production makes a 
major portion (more than fifty percent) of the production of the given product 
within the territory of the Republic of 
Kazakhstan. 
 
 Article 1 
Main definitions   
(8)  domestic industry (domestic producers)  
- producers as a whole of the like or directly competitive products operating 
within the territory of the Republic of 
Kazakhstan, or of producers whose collective output of the like or directly 
competitive products makes a major 
portion of the total production of the given products within the territory of the 
Republic of Kazakhstan. Bringing into compliance with sub-
para-graph 1 ( с) of Article 4 of 
the Agreement 
. 
2.  Subparagraph 9) 
of Article 1 Article 1. Main definitions  
 
(9)  the like or directly competitive product 
– product classified under the same code 
in the foreign economic activity 
commodity classification of the Commonwealth of Independent States 
and completely identical to the other 
products or comparable thereto in respect of their functional purpose, 
application, qualitative and technical 
characteristics and other key properties in such a way that a consumer substitutes or is ready to substitute the 
other product with such a product in the 
course of consumption. Article 1. Main definitions  
 
(9)  the like or directly competitive product 
– product classified under the same code 
in the foreign economic activity 
commodity classification and completely identical to the other product 
or comparable thereto in respect of its 
functional purpose, use, qualitative and technical characteristics and other key 
properties in such a way that a consumer 
substitutes or is ready to substitute the other product with such a product in the course of consumption. 
 The words "of the Commonwealth of 
Independent States" have been 
removed as unnecessary.  Since in accordance with the Customs 
legislation of the Republic of 
Kazakhstan the foreign economic activity commodity classification used 
in the Republic of Kazakhstan 
corresponds to the Harmonized Commodity Description and Coding 
System of the World Customs 
Organization and to the Single Foreign economic activity commodity classification of the Commonwealth of 
Independent States.  
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3. Article 4 
Determination of Serious Injury or Threat 
Thereof  
1. For the purposes of this Agreement: 
 (a) "serious injury" shall be understood to 
mean a significant overall impairment 
in the position of a domestic industry. 
 
 
 Subparagraph  11) 
of Article  1 Article 1. 
Main definitions  
 (11)  serious injury – significant impairment 
in the state of a domestic production of a 
like or directly competitive product in the Republic of Kazakhstan as a result of 
increased import to the Republic of 
Kazakhstan showing itself, in particular, by reduction of output of such product, 
decrease of sale of domestic product 
within the domestic market of the Republic of Kazakhstan, decrease of 
profitability of pr oduction of such 
product, adverse effect to employment situation, salary level. Article 1 
Main definitions  
  (11)  serious injury – significant overall 
impairment in the state of a domestic 
production of a like or directly competitive product in the Republic of 
Kazakhstan as a result of increased 
import to the Republic of Kazakhstan showing itself, in particular, by 
reduction of output of such product, 
decrease of sale of domestic product within the domestic market of the 
Republic of Kazakhstan, decrease of 
profitability of pr oduction of such 
product, adverse effect to employment 
situation, salary level. Adjusting in accordance with 
subparagraph 1 (a) of Article 4 of 
the Agreement  
Pursuant to the Agreement, "serious 
injury" shall be understood to mean a significant overall impairment in the 
state of a domestic industry. 
Thereupon, the concept "serious injury" in the Law was supplemented with the 
word "overall".  
4. Article 4 
Determination of Serious Injury or Threat 
Thereof  1.  For the purposes of this Agreement: 
 
(b) "threat of serious injury" shall be 
understood to mean serious injury 
that is clearly imminent, in 
accordance with the provisions of paragraph 2.  A determination of the 
existence of a threat of serious injury 
shall be based on facts and not merely on allegation, conjecture or remote 
possibility. Subparagraph 12) 
of Article 1 Article 1 
Main definitions  
 (12)  threat of serious injury – imminent 
significant impairment in the position of 
a domestic industry in the future as a 
result of increased im port of the like or 
directly competitive product into the 
territory of the Republic of Kazakhstan. Article 1 
Main definitions  
 (12)  threat of serious injury – clear 
imminence of serious injury. 
  
 Adjusting of the concept "threat of 
serious injury", as defined by the Law, 
in accordance with subparagraph 1(b) of Article 4 of the Agreement  
  
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5. Article 4 
Determination of Serious Injury or Threat 
Thereof  
(c) in determining injury or threat 
thereof, a "domestic industry" shall be understood to mean the producers 
as a whole of the like or directly 
competitive products operating within the territory of a Member, or those 
producers whose collective output of 
the like or directly competitive products constitutes a major 
proportion of the total domestic 
production of those products. Paragraph  2 
of Article 7 Article 7. 
Decision on initiating an investigation 
 2.  An application to conduct the 
investigation prior to the application of 
the safeguard measures may be accepted for consideration if the share of the 
domestic producers of a product who 
expressed their views in respect of the given application makes up more than 
50% of the total volume of production of 
a like or directly competitive product in the Republic of Kazakhstan.  Article 7. 
Decision on initiating an investigation 
 2.  An application to conduct the 
investigation prior to the application of 
the safeguard measures may be accepted for consideration if the share of the 
domestic producers of a product who 
expressed their views in respect of the 
given application makes up the majority 
of the total volume of production of a like 
or directly competitive product in the Republic of Kazakhstan.  
 Adjusting in accordance with 
paragraph 1 ( с) of Article 4 of 
the Agreement 
6. Article 3 
Investigation  
1.  A Member may apply a safeguard 
measure only following an investigation by the competent authorities of that  Member pursuant 
to procedures previously established 
and made public in consonance with Article X of GATT 1994 
("Publication and a pplication of the 
trade laws and normative acts").  This investigation shall include reasonable 
public notice to all interested parties  
and public hearings or other appropriate means in which 
importers, exporters and other 
interested parties could present evidence and their views, including 
the opportunity to respond to the 
presentations of other parties and to submit their views, inter alia , as to 
whether or not the application of a 
safeguard measure would be in the public interest.  The competent 
authorities shall publish a report 
setting forth their findings and reasoned conclusions reached on all 
pertinent issues of fact and law. Paragraph 1 
of Article 10 Article 10 
Initiation of investigation  
1. The competent authority shall, within 30 
calendar days from the day of making decision on initiation of the investigation, notify the interested 
parties about the forthcoming 
investigation. 
   
 
 Article 10 
Initiation of investigation  
1.  The competent authority shall, within 30 
calendar days from the day of making decision on initiation of  the investigation, 
notify the interested parties about the 
forthcoming investigation and shall  
disseminate such notification in mass media in the official and other languages 
with a view to involve all interested 
parties to the investigation.   
 
 Pursuant to the Agreement, the 
involvement of all interested parties through the mass media is the 
mandatory condition for the initiation 
of the investigation prior to the introduction of the safeguard measures.  
 
Therefore, paragraph 1 of Article 10 of the Law has been supplemented with 
the appropriate regulation.  
  
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7. Article 3 
Investigation 
 2.  Any information which is by nature 
confidential or which is provided on a 
confidential basis shall, upon cause being shown, be treated as such by 
the competent authorities.  Such 
information shall not be disclosed without permission of the party 
submitting it.  Parties providing 
confidential information may be requested to furnish non-confidential 
summaries thereof or, if such parties 
indicate that such  information cannot 
be summarized, the reasons why a 
summary cannot be provided.  
However, if the competent authorities find that a request for confidentiality is not warranted and if the party 
concerned is either unwilling to make 
the information public or to authorize its disclosure in generalized or 
summary form, the authorities may 
disregard such information unless it can be demonstrated to their 
satisfaction from appropriate sources 
that the information is correct. Paragraph 2 
of Article 13 Article 13 
Confidential  information 
 2.  The interested parties producing 
confidential information shall submit 
written explanations regarding the information.  
 
The explanations shall be sufficiently detailed so as to understand the essence of the 
information or explain the reasons, which 
prevent from submission of more detailed non-confidential information.  
  
  Article 13 
Confidential  information 
 2.  The interested parties producing the 
confidential information shall produce 
written explanations regarding that information.  
 
The explanations shall be sufficiently detailed so as to understand the essence of the 
information or explain the reasons, which 
prevent from submission of more detailed non-confidential information.  
 
The competent authority ma y give no account to 
the information, which an interested party is not willing to make it public  and disclose in 
general, unless such information was received 
from official sources.  
 
 Paragraph 2 of Article 3 of 
the Agreement stipulates that if the 
competent authority finds out that a request for confidentiality is not 
justified when the party concerned is 
unwilling to make the information public or to authorize its disclosure in 
generalized or summary form the 
competent authority may disregard such information unless it is convincingly 
proved from appropriate sources that 
the information is credible.  
Taking into account that there was no 
such regulation in the Law, paragraph 2 of Article 13 of the Law was supplemented with the appropriate 
regulation.   
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8. Article 3 
Investigation 
 1.  A Member may apply a safeguard 
measure only following an 
investigation by the competent authorities of this Member pursuant 
to  procedures previously established 
and made public in accordance with 
Article X of GATT 1994 ("Public 
notice and applica tion of the trade 
laws and normative acts").  This investigation shall include reasonable 
public notice to all interested parties 
and public hearings or other appropriate means  in which 
importers, exporters and other 
interested parties could present evidence and their views, including the opportunity to respond to the 
presentations of other parties and to 
submit their views, inter alia , as to 
whether or not the application of a 
safeguard measure would be in the 
public interest.  The competent authorities shall publish a report 
setting forth their findings and 
reasoned conclusions reached on all pertinent issues of fact and law. First part of 
Article 15 
 Article 15. Hearings 
 
The interested parties shall have a right to submit to the competent authority a petition on 
conducting hearings in order to review the case 
papers and arguments of other party.   
The hearings shall be conducted under the 
chairmanship of an official of the competent authority with taking of minutes. 
 Article 15. Hearings 
 
The interested parties shall have a right to submit to the competent authorities a petition on 
conducting hearings in order to review the case 
papers and arguments of other party, that shall allow all interested parties to present their 
evidences and arguments including the 
opportunity to respond to the statements of other persons and to express their views as to 
whether or not the application of a safeguard 
measure would serve as protection of the domestic producers of the product and for the 
sake of the economic safety of the Republic of 
Kazakhstan.   The hearings shall be conducted under the 
chairmanship of an official of the competent 
authority with taking of minutes.    Pursuant to paragraph 1 of Article 3 of 
the Agreement, Article 15 was 
amended to make specific the need and the aim of hearings during the 
investigation.  
.  
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9. Article 6 
Provisional Safeguard Measures  
 In critical circumstances where delay would 
cause damage which it would be difficult to 
repair, a Member may take a provisional safeguard measure pursuant to a 
preliminary determination that there is clear 
evidence that increased imports have caused or are threatening to cause serious injury.  
The duration of the provisional measure 
shall not exceed 200 days, during which period the pertinent requirements of 
Articles 2 through 7 and 12 shall be met.  
Such measures should take the form of tariff increases to be promptly refunded if the 
subsequent investigation referred to in 
paragraph 2 of Article  4 does not determine 
that increased imports have caused or threatened to cause serious injury to a 
domestic industry.  The duration of any 
such provisional measure shall be counted as a part of the initial period and any 
extension referred to in paragraphs 1, 2 
and 3 of Article 7. Paragraphs  3-1 
(new) and 4 of 
Article 17 Article 17 
Application of provisional safeguard measures 
 1.  The Government of the Republic of 
Kazakhstan on the basis of a preliminary 
positive conclusion of the competent authorities shall issue a resolution about 
application of provisional safeguard 
measures subject to simultaneous continuation of the investigation.  
2.  The provisional safeguard measures shall 
be applied in critical circumstances where delay would cause serious injury to 
domestic industry, which it would be 
difficult to repair. 
3.  The provisional safeguard measures shall 
be applied by the cu stoms authorities on 
the basis of the resolution of the 
Government of the Republic of Kazakhstan about app lication of such 
measures in respect of products 
concerned.  
4.  In case when the competent authority by 
the results of the investigation takes the 
decision that the increased import does not cause serous injury or threat thereof to 
the domestic producers the provisional 
safeguard measures shall be phased out and the importer shall have the right to 
reimbursement of the deposited amount in 
accordance with the procedure stipulated by the laws of the Republic of 
Kazakhstan.  
5.  In case when the rate of a safeguard duty 
is more than the rate of the provisional safeguard measure the difference for the 
paid-up period shall not be collected 
from the importer.  
 
 Article 17 
Application of provisi onal safeguard measures 
 1.  The Government of the Republic of 
Kazakhstan on the basis of a preliminary 
positive conclusion of the competent authorities shall issue a resolution about 
application of provisional safeguard 
measures subject to simultaneous continuation of the investigation.  
2.  The provisional safeguard measures shall 
be applied in critical circumstances where delay would cause serious injury to 
domestic industry, which it would be 
difficult to repair. 
3.  The provisional safeguard measures shall 
be applied by the cu stoms authorities on 
the basis of the resolution of the 
Government of the Republic of Kazakhstan about app lication of such 
measures in respect of products 
concerned.  
3-1.  Funds for the security of payment of 
safeguard duties at application of the 
provisional safeguard measures shall be paid in by importers pursuant to the 
customs legislation of the Republic of 
Kazakhstan to a deposit account and shall not be transferred to the budget before the 
Government of the Republic of 
Kazakhstan takes the final decision on the basis of the conclusion of the competent 
authorities about the need to apply the 
safeguard measures.  
4.  In case when the competent authority by 
the results of the investigation takes the 
decision that the increased import does 
not cause serous injury or threat thereof to the domestic producers the provisional 
safeguard measures shall be phased out 
and the importer shall have the right to reimbursement of the deposited amount 
in accordance with the procedure 
stipulated by the laws of the Republic of Kazakhstan. In case when it is declared to 
be expedient to apply a lower rate of On the basis of Article 6 of 
the Agreement, Article 17 of the Law 
specifies the mechanism of repayment and including to the budget of funds 
received from levying of the 
provisional safeguard measures.    
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safeguard duty as compared to the rate of a safeguard duty at application of the 
safeguard measures, the funds paid in excess shall be returned to the importer in 
accordance with the procedure 
established by the cu stoms legislation of 
the Republic of Kazakhstan.  
5.  In case when the rate of a safeguard duty 
is more than the rate of the provisional safeguard measure the difference for the 
paid-up period shall not be collected from 
the importer.  
10. Article 5 
Application of Safeguard Measures  
1.  A Member shall apply safeguard 
measures only to the extent necessary to prevent or remedy serious injury and to facilitate adjustment. 
 Paragraph 1 
of Article 22 Article 22 
Determination of quantities of safeguard measures  
       
1.  The safeguard measures shall be applied 
to such extent as  to eliminate the 
negative after-effects of the import of 
products which were the matter of the 
investigation.  Article 22. 
Determination of quantities of safeguard measures  
 
1.  The safeguard measures shall be applied 
in such quantities as may be necessary for the prevention or elimination of 
serious injury.  
 Adjusting in accordance with 
paragraph 1 of Article 5 of the Agreement. 
 
11. Article 7 
Duration and Review  of Safeguard 
Measures 
 
4.  In order to facilitate adjustment in a 
situation where the expected duration 
of a safeguard measure as notified 
under the provisions of paragraph 1 of Article 12 is over one year, the 
Member applying the measure shall 
progressively libera lize it at regular 
intervals during the period of 
application. Paragraph 2 
of Article 22 Article 22 
Determination of quantities of safeguard measures 
 
2.  The quantity of safeguard measures may 
not be increased during the whole period 
of their duration. Their quantity may be 
reduced by resolution of the Government of the Republic of Kazakhstan by 
petition of the competent authorities on 
condition that the duration of the safeguard measure exceeds one year. Article 22 
Determination of quantities of safeguard measures 
 
2.  The quantity of safeguard measures may 
not be increased during the whole period 
of their duration. Their quantity may be 
reduced by resolution of the Government of the Republic of 
Kazakhstan by petition of the competent 
authorities at regular intervals within the application period when the duration of 
the safeguard measure exceeds one year. The Law did not provide for the  
liberalization of the introduced safeguard measure when such measure 
was introduced for a period over one 
year.   
 
  
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12. Article 5 
Application of Safeguard Measures  
2. (a)  In cases in which a quota is allocated among supplying countries, the Member 
applying the restrictions may 
seek Agreement with respect to the allocation of shares in the quota with all 
other Members having a substantial interest 
in supplying the product concerned.  In cases in which this method is not reasonably 
practicable, the Member concerned shall 
allot to Members having a substantial interest in supplying the product shares 
based upon the proportions, supplied by 
such Members during a previous representative period, of the total quantity 
or value of imports of the product, due 
account being taken of  any special factors 
which may have affected or may be affecting the trade in the product. 
 Paragraph 1, parts 
three and four of 
paragraph 2 of Article 23 
 Article 23. Application of safeguard measures 
 
1.  Based on the resolution of the 
Government of the Republic of 
Kazakhstan about application of the 
safeguard duties the customs authorities shall collect them from all imported 
products concerned.  The safeguard 
duties shall be collected irrespective of any customs duties, taxes and other 
payments. 
2.  When the safeguard measures are 
applied in the form of a quota the annual 
amount of import quota shall not reduce 
import below the level equal to its average volume during a previous period, except for cases  when the need to 
take other decision in order to prevent or 
remedy serious injury is demonstrated.  
 
Within the limits of the annual amount of 
import quota applied as a safeguard measure the Government of the Republic of Kazakhstan 
may provide for import quotas for individual 
countries.   
The Government of the Republic of Kazakhstan 
shall establish the rate of the import quota for 
the supplying countries after holding 
consultations with such countries taking into 
account their interest in supplying the product 
concerned.  
 
The quotas may be allocated among the countries by Agreement with the principal supplying countries having an interest in 
supplying the product concerned into 
Kazakhstan.   
In cases in which this method is not reasonably 
practicable the quotas may be established based upon the proportions, supplied  during a 
previous representative period between the 
supplying countries on the basis of the total volume or the cost of product import.  
 Article 23. Application of safeguard measures 
 
1.  Based on the resolution of the 
Government of the Republic of 
Kazakhstan about application of the 
safeguard duties the customs authorities shall collect them from all imported 
products concerned.   The safeguard 
duties shall be collected irrespective of any customs duties, taxes and other 
compulsory payments to the budget and 
shall be included to the budget.  
2.  When the safeguard measures are 
applied in the form of a quota the annual 
amount of import quota shall not reduce import below the level equal to its average volume during a previous 
period, except for cases when the need 
to take other decision in order to prevent or remedy serious injury is 
demonstrated.  
 Within the limits of the annual amount of 
import quota applied as a safeguard measure 
the Government of the Republic of Kazakhstan may provide for import quotas for 
individual countries.  
 In cases in which an im port quota is allocated 
among supplying countries, the Government of 
the Republic of Kazakhstan may seek Agreement with respect to the allocation of 
shares in the import quota with all other 
supplying countries having an interest in supplying the product concerned into the 
territory to the Republic of Kazakhstan.  
 In cases in which this method is not reasonably practicable, the Governme nt of the Republic of 
Kazakhstan shall allot to supplying countries the 
shares of import quota based upon the proportions, supplied during a previous 
representative period, of the total quantity or 
value of imports of the product, due account being taken of any special factors which may 
have affected or may be  affecting the trade in The amendment made to paragraph 1 
of Article 23 of the Law is of 
specifying nature.   
 
  
 
 
 
 
  
 
 Paragraph 2 of Article 23 of the Law was adjusted in accordance with 
paragraph 2 (a) of Article 5 of 
the Agreement.   
  
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In case of need the G overnment of the Republic 
of Kazakhstan may allot the import quota among 
individual supplying coun tries taking account of 
absolute and relative i ndices of increase of 
import from individual fo reign countries (union 
of foreign countries). the product. 
 
In case of need the G overnment of the Republic 
of Kazakhstan may allot the import quota 
among individual supplyi ng countries taking 
account of absolute and relative indices of increase of import from individual foreign 
countries (union of foreign countries).  
13. Article 7 
Duration and Review  of Safeguard 
Measures  
6.   Notwithstanding the provisions of 
paragraph 5, a safeguard measure with a duration of 180 days or less 
may be applied again to the import of 
a product if: 
 -  at least one year has elapsed 
since the date of introduction of 
a safeguard measure on the 
import of that product; and 
 -  such a safeguard measure has 
not been applied on the same 
product more than twice in the five-year period immediately 
preceding the date of 
introduction of the measure. Paragraph  2 
of Article 25 Article 25 
Repeated application of  safeguard measures 
 2.   The safeguard measures may be applied 
again to the import of a product if the 
initial duration of their application is six months or less provided  that: 
 
 1)  at least one year has elapsed since 
the date of introduction of a safeguard measures;  
 2)  such safeguard measures have not 
been applied on the same product more than twice in the five-year 
period immediately preceding the 
last date of introduction of the safeguard measures. Article 25 
Repeated application of  safeguard measures 
 2.   The safeguard measures may be applied 
again to the import of a product if the 
initial duration of their application is 180 days or less provided  that: 
 
 1)  at least one year has elapsed since 
the date of introduction of a safeguard measures;  
 2) such safeguard measures have not 
been applied on the same product more than twice in the five-year 
period immediately preceding the 
last date of introduction of the safeguard measures. Editorial and specifying amendment 
made in accordance with paragraph 6 
of Article 7 of the Agreement.  
14.  Article 28 Article 28 
Liability for violation of the laws about safeguard measures of the domestic market at 
import of products 
 Liability for violation of the laws about 
safeguard measures of the domestic market at 
import of products shall be incurred in accordance with the legislation of the Republic of Kazakhstan Article 28 
Liability for violation of the laws about safeguard measures of the domestic market at 
import of products 
 Liability for violation of the laws about 
safeguard measures of the domestic market at 
import of products shall be incurred in accordance with the Laws  of the Republic of 
Kazakhstan.  Pursuant to subparagraph 1) of 
paragraph 3 of Article 61 of the Constitution of the Republic of 
Kazakhstan, the social relationship 
pertinent to the lia bilities of natural 
and juridical persons shall be governed 
by the laws.  
Suggestion of the Senate of the Parliament of the Republic of Kazakhstan.  
  WT/ACC/SPEC/KAZ/9/Rev.2 
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  ANNEX 11 
11(a): Rates of export duties applied by Kazakhstan  
HS number Description of Goods* Duty rate 
4101 Raw pelts of cattle (including 
buffalos) or animals of horse 
family (vapoured or salted, dried, 
limed, pickled or conserved by other methods, but not tanned, not 
curried as parchment or without 
further processing), with hair or without hair, splitting or non-
splitting.  20, but not less than  
€200 per 1,000 kg 
4102  Raw pelts of sheep or lambs 
(vapoured or salted, dried, limed, pickled or conserved by other 
methods, but not tanned, not 
curried as parchment or without 
further processing), woolly or 
non-woolly, splitting or non-splitting, except excluded 
according to Note 1 в for this 
group. 20, but not less than  
€200 per 1,000 kg 
4103 Other raw skins (vapoured or 
salted, dried, limed, pickled or 
conserved by other methods, but 
not tanned, not curried as parchment or without further 
processing), with hair or without 
hair, splitting or non-splitting, except excluded by Note 16 or 1 в 
for this group. 20, but not less than  
€200 per 1,000 kg 
5101 - 5104 00 000 0 Un-carded and uncombed wool. 10, but not less than   
€50 per 1,000 kg 
7204** Iron-and-steel waste and scrap; 
ferrous metal ingots for re-
melting (charging ingots). 15, but not less than  
€20 per 1,000 kg 
7302 Ferrous metal products, used for 
railway lines and tram-lines: rails, 
flange rail and rack rails, switch 
blades, point frogs, regulating rods and other cross connections, 
crossties, splice bars and base-
plates, wedges, bedplates, hood joint bolts, bad plates and bracing 
wires, foundation slabs, cross bars 
and other details for connection and bonding of rails.  20, but not less than  
€20 per 1,000 kg 
 
7404 00 Copper waste and scrap. 30, but not less than  
€330 per 1,000 kg 
76 except for:  
7601 20 100 0 Aluminium and aluminium 
products Aluminium and beryllium 
ligature. 15, but not less than  
€100 per 1,000 kg  
8607 Parts of locomotives and motor-
wags of trams and rolling-stocks.  20, but not less than  
€15 per 1,000 kg WT/ACC/SPEC/KAZ/9/Rev.2 
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  HS number Description of Goods* Duty rate 
2709 00 900 0 Crude oil US$ 109,91 per tonne 
US$ 27,43 per tonne****** 
2710 11 110 0 - 2710 11 900 0 Light distillates and products. 
2710 19 110 0 - 2710 19 290 0 Medium distillates: for specific 
re-treatment processes; for 
chemical conversions during 
processes; except for indicated in 
sub-sub-position 2710 19 110 0; 
for other aims. 
2710 19 310 0 - 2710 19 490 0**** Hard distillates: gas oils. 
2710 19 510 0 - 2710 19 550 0*** Hard distillates: liquid fuels. 123.3 US$ per tonne 
2710 19 610 0 - 2710 19 690 0***** Hard distillates: liquid fuels. 
2713 11 000 0 - 2713 90 900 0 Oil coke and bitumen 82.2 US$ per tonne 
 
Note:  For products falling to HS headings 2709 to 2713, rates are calculated on a quarterly basis.   
*  The goods nomenclature is determined both by code and by description of goods. 
**  Rates of export customs duties not applied with respect to goods exported to the customs territory of 
the European Union countries, which were th e countries of destination in these cases. 
***  Excluding hard distillate liquid fuel. 
****  Excluding HS Code 2710 19 410 0 -2710 19 490 0 for the period 15 February – 15 October (yearly). *****  Excluding the period 15 April – 15 August (yearly). 
******* For payers of rent tax on the export of crude oil and gas condensate.  
   WT/ACC/SPEC/KAZ/9/Rev.2
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11(b): List of goods, the export of which is subject to non-tariff measures  
 
Code of foreign trade 
invoice Description of goods Non tariff 
measure A normative act which 
introduces non tariff 
measures Justification Notes 
From 4401 10 000 0 
From 4403 10 - 4403 20, 440391 000 0 - 4403 99  
4404 
  
 
  
 
  
4406 
 4407 10 
 
  
 
  
4407 91 
   
 
  
4407 99 
  
 
  
 
4408 90  
 
4418 40 000 0 Fuel wood  in logs and billets  
Unprocessed timber, dressed or undressed, roughly squared or non 
squared, 
 Barrel wood; chopped logs; wood poling and  pales, pointed but not sawed along; trimmed wood but 
not turned, not bent or sawn by 
other means, used for production of  canes, umbrellas, handles or 
similar manufactures; cracked 
wood and similar wood   Wooden sleepers for railways or 
tramways  
softwood sawed or split  along, dressed or cracked, trimmed or not 
trimmed, polished or unpolished, 
connected or unconnected to a pin, of more than 6 mm thickness  
Oak wood sawed or split  along, 
dressed or cracked, trimmed or not trimmed, polished or unpolished, 
connected or unconnected to a pin, 
of more than 6 mm  (Quercus s рр.) 
Other types of wood sawed or split  along, dressed or cracked, trimmed 
or not trimmed, polished or 
unpolished, connected or unconnected to a pin, of more than 
6 mm   
Other types of wood split along, cut into parts or cracked, dressed 
or undressed, polished or 
unpolished, connected or unconnected to a pin, of not more 
than 6 mm   
Concreting casing  Ban of 
export of timber, 
lumber and 
some  types of wood  The Resolution of the 
Government of the Republic of Kazakhstan 
No. 785 dated 
16 July 2002 "Some issues of forest utilization" Due to great demand for wood in the neighbouring 
countries and increase of prices for wood on the black market there were increased cases of illegal 
felling, deliberate burning of pine woods in order 
to get access to removal and storing and further export abroad.  Wood especially round timber was taken as square 
timber or other types of wood in large volumes and 
this led to continued thef t of wood at the local 
level. Above mentioned violations threatened the 
country's forest resources. It is crucial to mention 
that Kazakhstan's territory is poor in forest. According to the state register of forest resources 
forest covered territory is accounted for 4.6%, 
including high forest plantations accounted for about 1.2%, which means that the country's own 
forest resources are limited. Therefore, the applied 
restrictions are necessary measures in order to reduce negative processes happening in the forest 
territories and to improve the situation with 
protection, maintenance and reproduction of forests.   Ban on exports of wood in this regard is considered 
to be measure aimed to prevent a critical deficit of goods in the republic as stipulated by paragraph 2 
of the Article XI of th e GATT, since the cut down 
of wood had led to decrease of wood supply in the republic as well as to significant loss of protection and water saving characteristics of forestry and 
worsening of their sanitary conditions. The applied 
measure is of systematic character.    
  WT/ACC/SPEC/KAZ/9/Rev.2 
Page 248 11(c): List of goods, exported under licence in accordan ce with international obligations of Kazakhstan  
 
HS Number Goods Ministries 
responsible for 
administration of 
licence State bodies of the Republic of Kazakhstan, 
which coordinate the decision about issuing of 
licence Justification 
7208 10 000 0, 7208 25 000 0,                  
7208 26 000 0, 7208 27 000 0,      
7208 36 000 0, 7208 37 009 0,   
7208 38 009 0, 7208 39 009 0,          7211 14 001 0, 7211 19 001 0,                 
7219 11 000 0, 7219 12 100 0, 
7219 12 900 0, 7219 13 100 0, 7219 13 900 0, 7219 14 100 0, 
7219 14 900 0, 7225 20 001 0, 
7225 30 100 0, 7225 30 900 0, Sheet of rolled metal 
 
 
 SA1 Rolls 
  
7208 37 001 0, 7208 38 001 0, 
7208 39 001 0 SA 1а Rolls, 
intended for secondary rolling process 
7208 40 001 0, 7208 51 201 0,                          7208 51 209 0, 7208 51 209 9,                         7208 51 910 0, 7208 51 989 9,                         
7208 52 801 0, 7208 52 200 0,                        
7208 52 209 0, 7208 53 001 0,                        7211 13 000 0 
 SA 2 Thick sheet steel           
  
7208 40 009 0,  7208 53 009 0, 
7208 54 001 0,  7208 54 009 0, 
7208 90 001 0,  7209 15 000 0, 7209 16 100 0,  7209 16 900 0,                         
7209 17 100 0,  7209 17 900 0,                         
7209 18 100 0,  7209 18 910 0,                         7209 18 990 0,  7209 25 000 0,                          
7209 26 100 0, 7209 26 900 0,                        
7209 27 100 0, 7209 27 900 0,                         7209 28 100 0, 7209 28 900 0,   
7209 90 001 0, 7210 11 001 0,  
7210 12 201 0, 7210 12 801 0, 7210 20 001 0, 7210 30 001 0, 7210 41 001 0, 7210 49 001 0, 
7210 50 001 0, 7210 61 001 0, 
7210 69 001 0, 7210 70 101 0, 7210 70 801 0, 7210 90 301 0, 
7210 90 401 0, 7210 90 801 0, 
7211 14 009 0, 7211 19 009 0, 7211 23 201 0, 7211 23 301 0,  
7211 23 801 0, 7211 23 309 1,  
7211 23 809 1, 7211 29 001 0, 7211 90 001 1, 7212 10 100 0, SA 3 Other sheet rolled 
metal 
  Ministry of 
Industry and Trade 
of the RK - This measure is used to fu lfil Kazakhstan's obligations, under 
the Agreement between Kazakhs tan and the European Coal 
and Steel Community on trade of certain steel products dated 
15 December 1999.  
   WT/ACC/SPEC/KAZ/9/Rev.2
 Page 249HS Number Goods Ministries 
responsible for 
administration of 
licence State bodies of the Republic of Kazakhstan, 
which coordinate the decision about issuing of 
licence Justification 
7212 10 901 0, 7212 20 001 0,  
7212 30 001 0, 7212 40 201 0,  
7212 40 209 1, 7212 40 801 1,  7212 50 901 0, 7212 50 201 1, 
7212 50 301 1, 7212 50 401 1, 
7212 50 611 1, 7212 50 691 1, 7212 50 901 9, 7212 60 001 1,    
7212 60 009 1, 7219 21 100 0,     
7219 21 900 0, 7219 22 100 0,  7219 22 900 0, 7219 23 000 0,  
7219 24 000 0, 7219 31 000 0,   
7219 32 100 0, 7219 32 900 0, 7219 33 100 0, 7219 33 900 0,     
7219 34 100 0, 7219 34 900 0,  
7219 35 100 0, 7219 35 900 0, 7225 40 129 0, 7225 40 900 0    
 
List of goods, exported under export documents in accor dance with international obligations of Kazakhstan  
 
7211 23 990 0, 7211 29 500 0, 
7211 29 900 0, 7211 90 900 0 Plane rolled metal  made 
from carbonaceous steel in rolls no more than 500 
mm. wide        
  
7211 23 910 0, 7225 19 100 0, 7225 19 900 0, 7226 19 100 0, 7226 19 300 0, 7226 19 900 0 Plane rolled metal  made 
from electro-technical steel with non oriented core           
7226 11 900 0 Plane rolled metal  made 
from siliceous  electro-technical steel with 
oriented core Ministry of 
Industry and Trade of the RK - This measure is used to fulfil Kazakhstan's obligations, under 
the Agreement between Kazakhs tan and the European Union 
in the form of letter exchange that establish the system of 
double control without qualitative restrictions with regards to  
list of steel products exported from Kazakhstan to the European Union, defined in the international Agreements on 
EU and European Coal and Steel  Union (dated 15 December 
1999 ). 
Source: Government Resolution No. 1037 of 30 June 1997 
 
  
 WT/ACC/SPEC/KAZ/9/Rev.2 
Page 250  
 
  ANNEX 12 
12(a): List of products and services subject to compulsory certification
 
 
Code of Commodity 
Nomenclature of Foreign-
Economic Activity Products 
1 2 
 1.  Vehicles and their parts and components 
8703 21 10, 8703 21 90  New and used passenger cars which volume of engine cylinders is no more than 1000 cm3 
8703 22 10, 8703 22 109 1,  
8703 22 109 9, 8703 22 90  New and used passenger cars which volume of  engine cylinders is more than 1000 cm3  
8703 23 110 0, 8703 23 19, 
8703 23 90  New and used motor vehicles  
8703 24 10, 8703 24 90  New and used motor vehicles  
8703 31 10, 8703 31 90  New and used motor vehicles  
8703 32 110 0, 8703 32 19, 
8703 32 90  New and used passenger cars which volume of  engine cylinders is more than 1500 cm3 
8703 33 110 0, 8703 33 19, 
8703 33 90  New and used passenger cars which volume of  engine cylinders is more than 2500 cm3  
8704 10, 8704 21, 8704 22, 
8704 23, 8704 31, 8704 32, 
8704 32 910 Motor vehicles for goods transportatio n, except used motor vehicles  
8702 10 11, 8702 10 91, 
8702 10 99, 8702 90 31 New and used motor vehicles for transportati on of 10 and more people including driver  
8716 10, 8716 20 000 0 
8716 31 000 0, 8716 39 300, 
8716 39 510 0, 8716 39 590, 
8716 40 000 0 Trailers and semi-trailers and ot her non-self-propelled vehicles  
8705 10 00 Truck cranes  
8705 90 100 0 Service trucks  
 Pneumatic rubber new tires (covers): 
4011 10 000 0 passenger cars (with the exception of sports cars)  
4011 20 100 0 for buses and motor vehicles  
4011 20 900 0 for transportation of goods  
 Pneumatic rubber restored tires (covers):  
4012 11 000 0 for passenger cars  
4012 12 000 0 for buses and motor vehicles 
4012 20 900 0 for transportation of goods 
4011 61 000 0 Tires for agricultural vehicles  
7007 11 100 0 Safety glass including hardened (tempere d) glass or laminated glass with size permitting 
to use such glass in  land vehicles  
8708 21 900 0 Safety belts for vehicles  
3819 00 000 0 Brake fluid  
 2.  Agricultural technique:  
 Tractors: 
8701 20 wheeled tractors for semi-trailers  
8701 30 crawler tractors 
8427 20 110 0, 8427 20 190 0, 
8427 20 900 0 Truck loaders with forks, other truck loader s equipped with lifting and handling equipment 
8428 90 710 0, 8428 90 790 0 Feeders developed for hanging on agricultural vehicles  
8433 11 510 0, 8433 11 590 0, 
8433 11 900 0, 8433 19 510 0, 
8433 19 590 0, 8433 19 700 0, 
8433 20 100 0, 8433 20 510 0, 
8433 20 590 0 Machines and mechanisms for harvesting a nd thrashing of crops (mowing-machines 
including self-propelled and mounted on tractors) 
8433 30 100 0 Hay storage machines: turners, side rakes  
8432 10 100 0 Turn plows  
8432 10 900 0 Harrows, rippers, cultivators, weeders, hoes  
8433 40 100 0, 8433 40 900 0 Pressers for straw and hay including balers  
8433 51 000 0, 8433 52 000 0 Grain, corn, rice combines, thra shing machines  
8433 53 100 0, 8433 53 300 0 Tuber and root harvesters, potat o-diggers and potato harveste rs; beet harvesters    WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 251 
 
 
  Code of Commodity 
Nomenclature of Foreign-
Economic Activity Products 
1 2 
8433 59 110 0, 8433 59 190 0 Self-propelled ensilage harvesters  
8436 10 000 0 Machines and mechanisms  for animal feed preparation  
8437 10 000 0 Machines for grain and dry le gumes cleaning, sorting or graduation  
8434 10 000 0, 8434 20 000 0 Milking mach ines and installations, equipment fo r milk processing and treatment  
8435 Pressers, crushers and similar machines for wi ne-making, production of cider, fruit juices 
or similar beverages and their components  
 Equipment for poultry farming: 
8436 21 000 0, 8436 29 000 0 incubators and brooders  
8433 60 000 0 Cleaning, sorting and grading machines for eggs, fruits and other agricultural products  
8432 40 100 0, 8432 40 900 0 Agricultural machines for distribution of mineral and chemical fertilizers  
8432 21 000 0 Disk harrows, skim plows  
8432 29 100 0 Rippers and cultivators  
8432 29 500 0 Tillage machines  
8432 30 Tractor seeders  
8432 30 900 0 Planters and seedling planters  
8419 31 000 0, 8437 80 000 0 Drying machines for agricultural products  
 3.  Official and civil arms and their cartridges  
9303 30 000 0, 9303 90 000 0 Rifled s ports, hunting and shooting arms  
9303 20 Smooth-bore sports, hunting and other arms including combined arms with smooth and 
rifled bores  
9304 00 000 0 Gas pistols and revolve rs, shooting devices (pneumatic weapon) and gas weapon without 
bores  
9302 00 900 0 Revolvers and pistols  
9306 21 000 0, 9306 30 100 0, 9306 30 980 0 Cartridges to hand fire-arms  
8211 92 000 0, 8211 93 000 0 Hunting knifes and daggers  
 4. Electrical, radio and electronic products  
8418 21, 8418 30 910,  
8418 30 990, 8418 40 910, 
8418 40 990 Domestic refrigerators and freezers   
8516 50 000 0, 8516 60 10, 
8516 60 700 0, 8516 60 800 0,  
8516 71 000 0, 8516 72 000 0, 
8516 79 100 0, 8516 79 200 0 Electrical household appliances for food pr eparation: kettles, coffee-machines, egg-
machines; electric water heaters; microwave ovens, toasters, roasters, electric ranges, 
frying-machines, ovens, hotplates  
8509 40 00 8509 80 000 0 Electric devices for mechanization of kitche n works: coffee-grinders, mixers, beaters, 
churns, squeezers, meat-grinders, potato peelers, knife-s harpeners, electric knifes, noodles 
cutters, slicers 
8422 11 000 0 Domestic dish-washing machines  
8421 11 000 0 Electric milk separators  
8510 Electric razors, haircutting machines and hair-removing devices with inserted electric 
engine   
8509 10 10 Vacuum-cleaners and wate r-suction cleaning machines  
8509 20 000 0 Floor-polishers  
8450 11 110 0, 8450 11 190 0, 
8450 12 000 0 Domestic laundry washers, machines for linen wringing out  
8421 12 000 0 Centrifuges, linen dryers  
8516 40 Electric irons  
9019 10 100 0 Electric vibro-massage devices  
8516 31 Electric hair-driers  
8516 10 190 0, 8516 10 910 0, 
8516 10 990 0 Boiler and continuous water he aters used domestically  
8516 21 000 0, 8516 29 100 0, 
8516 29 500 0, 8516 29 910 0 Electrical appliances for room heating (electric fire heaters, recessed wall heaters, 
radiators and convectors, heating pads and electric blankets, electric fan heaters)  
8414 51 900 0, 8414 59 900 0 Ventilators  
8415 10 Wall and window air conditioners  
8452 10 Domestic electric  sewing-machines  WT/ACC/SPEC/KAZ/9/Rev.2 
Page 252  
 
  Code of Commodity 
Nomenclature of Foreign-
Economic Activity Products 
1 2 
8467 11 900 0, 8467 19 000 0,  
8467 21 910 0, 8467 21 990 0, 
8467 22 100 0, 8467 22 300 0, 
8467 29 530 0, 8467 29 590 0, 
8467 29 800 0, 8467 29 900 0, 
8467 99 000, 8467 29 700 0 Hand electromechanical tool with inserted electric engines (drills, perforators, pumps, 
screwdrivers, electric saws, boring and chis el hammers, pneumatic and hydraulic drills, 
etc.)  
8515 11 000 0, 8515 80 910 0 Electric solders and soldering guns, electric appl iances for film gluing and burning, 
electric vulcanizing heaters, electric glazers   
9613 80 000 0 Electric lighters with line supply  
8507 20 310 0, 8507 20 390 0, 8507 20 810 0, 8507 20 890 0 Accumulators and acid accumulator batteries  
8507 30 910 0, 8507 30 930 0, 
8507 30 980 0, 8507 40 900 0, 
8507 80 910 0, 8507 80 990 0 Accumulators and acid alkaline accumulator batteries  
8518 21 900 0 Electronic entertaining devices: multi-program loudspeakers with line supply  
8521 10 300 0, 8521 10 800 0, 
8521 90 000 0 Video-recording and video-reproducing equipment  
8520 32 Tape recorders and ot her recording equipment  
9207 10 100 0, 9207 10 800 0, 
9207 90 100 0, 9207 90 900 0 Electric musical instruments  
8527 13 100 0, 8527 13 910 0, 
8527 19 000 0, 8527 21 200 0, 
8527 21 520 0, 8527 21 590 0, 
8527 21 700 0, 8527 21 920 0 Receiving equipment for broa dcasting with line supply  
8528 12, 8528 13 000 0 Receiving equipment fo r television communication (TV sets)  
 Office equipment:  
8469 12 000 0, 8469 11 000 0, 
8472 10 000 0 typewriters; automatic facilities of elect rophotographic copying; scanners, copying 
machines  
8470 21 000 0, 8470 29 000 0 Micro-ca lculators with line supply  
8517 21 000 0, 8517 22 000 0 Facs imile sets, teleprinters  
8471 10 900 0, 8471 30 000 0, 
8471 41, 8471 60 400 0, 
8471 60 500 0, 8471 60 900 0, 
8471 90 000 0 Electronic computers (computers) and thei r components (monitor, system block); 
peripheral equipment (print ers, modem, keyboard)  
8535 29 000 0, 8535 30, 
8536 50 110 0, 8536 50 150 0, 
8536 50 190 0, 8536 50 800 0, 
8536 90 Electric equipment for commutation or protec tion of electric circui ts or connection to 
electric circuits with voltage no more than  1000V (plugs, sockets, splitters, connectors, 
switches, disconnects, se lectors, contactors)  
8515 39 130 0, 8515 39 180 0, 
8515 39 900 0 Domestic electric welding equipment  
8502 20 910 0, 8502 20 920 0 Generator plants with combustion engine  
8501, 8501 20 900 0, 
8501 33 900 1, 8501 40 910, 
8501 40 990, 8501 51 900 0, 
8501 52 910 0 Electric engines  
8504 21 000 0, 8504 22  
8504 23 000 0, 8504 31 310 0, 
8504 31 390 0, 8504 31 900, 
8504 32 900 0, 8504 33 900 0, 
8504 34 000 0 Transformers, automatic transformers and voltage stabilizers for household electric 
appliances, inductance coils and converters  
9030 31 900 0, 9030 39 300, 9030 39 910 0, 9030 39 990 0, 
9028 30 110 0, 9028 30 190 0 Devices and equipment for current, voltage, re sistance or power measuring or control; 
electricity meters   WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 253 
 
 
  Code of Commodity 
Nomenclature of Foreign-
Economic Activity Products 
1 2 
7408 11 000 0, 7408 19 100 0, 
7413 00 910 0, 7413 00 990 0, 
7605 11 000 0, 7605 19 000 0, 
8544 20 000 0, 8544 41 100 0, 
8544 41 900, 8544 49 200 0, 
8544 49 800 0, 8544 51,  
8544 59 800 0, 8544 60 Cable products  
8546 20 100 0, 8546 90 100 0, 
8546 90 900 0 Electric insulating material  
8539 32, 8539 39 000 0 Mercury, sodium a nd metal-halide high-pressure lamps  
 5.  Communication facilities  
8525 10 800 Radio communication and general receivin g equipment (individual radio communication 
equipment). Equipment transmitting for broa dcasting and television. Transceivers of 
mobile and immobile services  
8517 11 000 0, 8517 19 900 0 Electric telephone sets incl uding telephone sets with wireless receiver, coin-box 
telephones  
8525 20 910 0 Transmitting equipment of trunk and cellular radio and its components  
8525 Ground satellite communication sets  
 6.  Technical information security, processing, storage and transfer facilities 
containing state secrets and overhead information as well as equipment of 
telecommunication networks contai ning hardware and/or software 
environment for carrying out of special operative-research measures*  
8543 20 000 0, 8543 89 Technical security  facilities of secret  information from escape by technical channels 
including means of effectiveness control of  taken measures of secret information 
protection, basic and additiona l protected technical facilities and systems: technical 
security facilities of secret information against optical signals (images) interception in visible, infrared and ultra-violet wave band made by optical, optical-e lectronic, television, 
thermal imaging (infrared), laser, photo and ot her visual means of information reading; 
technical security facilities of information against interception of acoustic signals 
spreading in air, aquatic and solid environm ents made by acoustic, hydro-acoustic, vibro-
acoustic, laser and seismic means; technical security facilities of secret information against 
interception of electromagnetic signals aris ing upon protection objects functioning and 
against interception of collateral electrom agnetic radiations and inducing arising upon 
functioning of information processing techni cal facilities fulfilled by magneto-metric, 
radio and radar means; technical security facilities of secret information against 
interception of electric signals sp reading in conducting communications 
8543 20 000 0, 8543 89, 
8301 40 900 0 Technical security facilities of secret inform ation against illegal access: technical facilities 
of passive protection including locks with  operation from micro-processor, radio-
controlled locks; electric sensors of differe nt types; television protection and control 
systems, microwave and radar systems, laser systems; acoustic systems, cable systems; 
identification devices, special devices for transportation and storage of physical 
information carriers (stream meters cassettes, magnetic and optical disks)   
 Protected software means of  information processing:  
8471 70 510 0, 8471 70 530 0,  
8471 70 590 0, 8471 70 600 0,  
8471 70 900 0, 8471 80 000 0, 
8471 90 000 0 application packages; automation equipped work ing place; netw orks databases; software 
of automated control systems   
 General software: operational systems 
8471 70 510 0, 8471 70 530 0, 8471 70 590 0, 8471 70 600 0, 
8471 70 900 0, 8471 80 000 0, 
8471 90 900 0 Databases control systems  
 Program-technical security facilities of secret information:  
8471 70 510 0, 8471 70 530 0 interruption devices of user program upon his violation of access rules 
8471 70 590 0, 8471 70 600 0, 
8471 70 900 0 data cancellation devices; al arm signal devices upon the attempt of illegal access to 
information;  
8471 80 000 0 devices of bookmarks localization;  
8471 90 000 0 software-hardware of access differenti ation to information inserted to information 
technologies  WT/ACC/SPEC/KAZ/9/Rev.2 
Page 254  
 
  Code of Commodity 
Nomenclature of Foreign-
Economic Activity Products 
1 2 
8471 90 000 0 Programs providing access to information  
8517 11 000 0, 8517 19, 
8517 30 000 0, 8517 50,  
8517 80 Communication and data transfer facilities used to transfer secret and overhead 
information  
8471 30 000 0, 8471 41 900 0,  
8471 49 900 0, 8471 50 900 0,  
8471 60 900 0, 8471 90 000 0,  
8473 30 100, 8473 30 900 Computer systems assigned for the provision of  access services to information transfer 
networks having software and/or hardware for carrying out of special operative-research 
measures and consisting of co mputers and their blocks (ser vers, routers, switchboards, 
access devices to information flows, multiplexers , concentrators, information tanks, etc.)  
8517 30 000 0, 8517 50 100 0, 
8517 50 900 0, 8517 80 900 0 Network switchboards of teleph one stationary and non-stationa ry systems having software 
and/or hardware for carrying out of special operative-research measures  
8517 90 110 0, 8517 90 190 0,  
8517 90 820 0, 8517 90 880 0 Equipment complexes of information transfer networks having softwa re and/or hardware 
for carrying out of special operative-research measures 
 * Technical facilities received by organizations having access to information being the 
state secret are subject to compulsory certification 
 Products reference to this category is determ ined on the basis of the conclusion of State 
Secrets Protection Departments of Prime-Minist er Office of the Re public of Kazakhstan  
 7.  Heating equipment  
7321 11 100 0, 7321 11 900 0 Domestic gas ovens for food preparation and heating 
7321 81 100 0, 7321 81 900 0 Heating and heating-boiling ovens operating on gas and/or other types of fuel, and their 
components  
7321 82 100 0, 7321 82 900 0 Heating ovens and water heaters operating on liquid fuel  
7311 00 100 0, 7311 00 910 0 Bottles for liquefied hydrocarbon gases operating under pressure to 1,6 Mpa 
8403 10 Boilers with heating power to 116 kWt  
8205 60 000 0 Blow lamps  
8402 11 000 Water-tube boilers with outpu t capacity more than 45 t/hour  
 8.  Household chemical goods  
3402 20, 3402 90,  
3405 40 000 0 Detergents and cleansers (washing synthetic, bleaching, blueing, starching) 
3506 Ready glues and other adhesives  
3808 10 Security facilities: insec ticides, biological pesticides  
 9.  Consumer goods contacting with human skin, food and water  
4818 10, 4818 40 110 0,  
4818 40 130 0, 4818 40 190 0 Toilet paper, hygienic napkins and towels, handkerchiefs and absorbent paper, tampons, 
infant nappies and sim ilar hygienic products  
8421 21 900 Furnishings for filtering and water treatment (filters)  
4014 Hygienic or pharmaceutical products (including dummies) made of vulcanite except of 
hard rubber with fittings made of hard rubbe r or without them (cont raceptives, different 
types of dummies and similar products for children)  
4015 11 000 0  Surgical gloves  
5601 10 Sanitary towels and hygienic tampons, infa nt nappies and diapers and similar sanitary-
hygienic wool products  
7323 93 100 0, 7323 93 900 0 Table, kitchen, household pr oducts made of corrosion-resi stant (stainless) steel  
3924 10 000 0, 3924 90 110 0,  
3924 90 900 0 Tableware and cooking battery , household plastic goods  
 10.  Package  
3923 30 Bottles, flasks and other similar product  
3924 90 900 0 Plastic products for transportation, packing and closing of food substances  
7310 29 100 0 Barrels, metal flasks for transportatio n, packing and closing of food substances  
7323 99 910 0 Metal covers for glass containers  
3923 21 000 0, 3923 29 Polyvinylchloride, polyethylene bags and bags made of other polymers for food 
substances packing   
 11.  Woodworking goods  
9401 30, 9401 40 000 0, 
9401 50 000 0, 9401 61 000 0, 
9401 69 000 0, 9401 71 000 0, 
9401 79 000 0, 9401 80 000 0, 
9403 30 School and domestic furniture   WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 255 
 
 
  Code of Commodity 
Nomenclature of Foreign-
Economic Activity Products 
1 2 
4410, 4411 21, 4411 29,  
4411 31, 4411 39,  
4411 91 000 0 Flake, fibre and laminated boards  
4412 13, 4412 14 000 0,  
4412 19 000 0, 4412 22 100 0, 
4412 22 910 0 Plywood and similar lami nated wood products  
3605 00 000 0 Matches  
 12.  Building materials and products  
3918 10, 4814 Self-adhesive and non-self-adhesive floor co atings made of polymeric materials in rolls 
and plates, polymeric wall and ceiling coatings  consisting of basis impregnated or covered 
with polyvinylchloride 
5905 00 Wall-paper and other wall coatings, transparent paper for windows  
5904 Linoleum cut or not cut on form: floor coatings on textile basis cut or not cut on form  
3204 11 000 0, 3204 13 000 0,  3205 00 000 0, 3206 19 000 0, 3206 20 000 0, 3206 30 000 0, 
3208, 3209, 3210 00, 
3211 00 000 0, 3214 10 100 0, 
3214 10 900 0 Primers, pigments, paints, enamels, water pa ints, fillings, fillers, coloured varnishes; 
agents on basis of coloured varnishes   
2520 10 000 0, 2522 10 000 0,  2522 20 000 0, 2523 Cement and other binding materials (gypsum, lime and other local binding materials)  
2524 00 Asbestos  
6810 Concrete and reinforced concrete structures made of light concrete. Fabricated reinforced 
concrete products and structures made of h eavy and light concrete, armoured or plain, 
manufactured according to standard designs (series, ND), namely:  foundation blocks, 
dikes, beams with length to 7,2 m; borders , piles, cement ducts,  supports (transmission 
towers)  
6904 10 000 0, 6904 90 000 0 Building, cera mic and lime-sand brick for floors  
3921 11 000 0, 3921 12 000 0,  
3921 13 000 0, 3921 14 000 0,  
6806 Sound-insulating, thermal insulating and s ound-absorbing materials products (made of 
mineral wool, glass wool, glass fibre, pearli te, cellular concrete, poromeric material)  
6811 10 000 0  
6811 20 110 0  
6811 20 800 0 Products made of asbestos cement and cement with cellulose fibres or similar materials 
including asbestos-cement sheets  
6807  Roofing waterproof materials (roofing parchmen t, asphalt felt, insulator, tar paper and 
similar products)   
7016 90 800 0 Double glasses  
3925 20 000 0, 3925 30 000 0 Plastic building compone nts (doors, bounds, windows, frames, shutters)  
2520 20 Dry structural mixes  
2517 Crushed stone  
 13.  Products of light industry  
5007 Silk cloths  
5208, 5209, 5210, 5211, 5212 Cotton cloths  
5309 Flax cloths  
5111, 5112, 5113 00 000 0 Woollen cloths  
5407, 5408 Man-made fibre cloths  
5512, 5513, 5514, 5515 Synthetic fibre cloths  
5516 Artificial fibre cloths  
5802 Pile and terry cloths  
6103, 6104, 6105, 6106 Products of knitting industry (suits; jackets; blazers; trousers; overalls; shorts; shirts; 
blouses, chemises, cas ual look garment; tracksuits, sweaters)  
6107, 6108, 6109, 6110 Knitted underwear (inc luding pants, drawers, night- shirts, pyjamas, gowns, slips, 
underskirts, peignoirs, T-shirts, belts, brassieres, corsets)  
6112, 6113 Knitted goods for newborns  
6115 Leg wear (tights, stockings, half-hoses, socks)  
6203, 6204, 6205, 6206, 6207,  
6208, 6210, 6211, 6212, 6302 Ready-made garments (suits, jackets, blazers, trousers, overalls, breeches, shorts, dresses, 
skirts, culottes, shirts, blouses , T-shirts, chemises, pants, dr awers, night-shirts, pyjamas, 
gowns, slips, underskirts, peignoirs, bed, table, toilet, kitchen linen)  
6209 Ready-made garments for newborns  WT/ACC/SPEC/KAZ/9/Rev.2 
Page 256  
 
  Code of Commodity 
Nomenclature of Foreign-
Economic Activity Products 
1 2 
6401, 6402, 6403, 6404, 6405 Leather, rubber, textile,  leather-substitute and rubber-substitute shoes  
 14.  Medicines  
3003 Un-prepacked medicines (except of medici nes indicted in items 3002, 3005, 3006) (not 
represented as dosed medicinal forms or not packed for retail sale)   
3004 Pre-packed medicines (except of medi cines indicted in items 3002, 3005, 3006) 
(represented as dosed medicinal forms or packed for retail sale)   
3006 30 000 0 Contrast agents for radiographic ex aminations; dia gnostic reagents assigned for 
introduction to patients   
3006 60 Chemical contraceptive agen ts on the basis of hormones, other compounds of commodity 
item 2937 or spermicides  
1211 Plants including trans-gene plants, their sepa rate parts, including seeds, roots, rhizomes 
and fruits used for perfume, pharmaceutical, insecticidal, fungicidal and similar purposes, 
fresh or dried, save or grinded, crushed or milled  
 15.  Medical or veterinary technique , medical goods and sanitary-hygienic 
means  
3005 Cotton, gauze, bandages and similar produc ts, bandaging material, adhesive plasters, 
poultices impregnated or coated with pharm aceutical agents assigned for therapeutic 
application as well as application in surg ery, dentistry and veterinary medicine   
3006 50 000 0 First-aid sets  
9018 31 Packed syringes with needles or without them  
9018 90 500 Equipment for blood transfusion (dis posable blood transfusion systems)  
3006 10 Surgical sterile catgut and si milar sterile materials for suturi ng and sterile adhesive fabrics 
for surgical wound closing, sterile absorbing surgical or dental to urniquet substances  
9018 90 850 0 Intrauterine contraceptives  
 16.  Perfume-cosmetic products  
3303 00, 3302 90 100 0 Perfume, toilet water, cologne  
3304 Decorative powder make-up, powder (includi ng compact powder).  Make-up preparations 
and face preparations, preparations for legs, hands, body, face skin care (except of 
medicinal preparations) including sun and burn preparations, manicure and pedicure 
preparations   
3306 Preparations for oral and teeth hygien e, tooth-pastes, powders, tooth silk  
3305 Make-up preparations for hair care  
3307 30 000 0 Bath preparations  
3307 30 000 0, 3307 49 000 0 Preparations for premises aromatiza tion and deodorization (air fresheners for living 
quarters, smell absorbents)  
3307 20 000 0 Individual deodorants and antiperspirants  
3307 10 000 0 Preparations used before, during and after shaving  
3307 90 000 0 Preparations for hair removal (depilato ries), protections against mosquitos and midges 
(creams, lotions)   
3401 11 000 0 Toilet soap  
3401 19 000 0, 3401 20 100 0,  
3401 20 900 0 Soap and bar-shaped surface-active organic substances and agents used as soap   
 17.  Products of farming industry and food industry  
1601 00 Sausages and similar products made of meat , meat by-products or blood, food substances 
used on their basis  
1602 Meat, meat by-products or blood finished products and tins, oil and fat-bean tins   
1604 Finished or tinned fish products, sturgeon an d salmon caviar (natural and artificial), caviar 
substitutes   
1603 00 Meat, fish extracts, broth blocks  
2104 10 Finished soups and broths and provisions for their preparation  
0402 Milk and concentrated cream or milk and cream with suga r or sugar substances, dairy 
dried products  
0405 Butter and butter-fats, milk pastes   
0406 Hard, soft, sintered cheeses, curd products  
1501 00 Pig-grease (including lard) and rendered poultr y-grease extracted by pressing or diluents 
or non-extracted grease    WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 257 
 
 
  Code of Commodity 
Nomenclature of Foreign-
Economic Activity Products 
1 2 
1502 00, 1507, 1508 Livestock or small cattle rendered gr ease extracted by pressing or diluents or non-
extracted  
1510 00 Vegetable refined or non-refined oi l (without changes of their chemical 
composition) 
1509 Soybean oil 
1511 Peanut oil 
1512 Olive oil 
1513 Palm oil 
1514; 1515 Sunflower oil, safflower or  cotton-seed oil; corn oil  
1517 Eatable margarine products, mixtures or finish ed products of animal or vegetable fats and 
oil or fractions of different fats   
1516 Refined or non-refined fats and animal and vegetable oil and their fractions, fully or 
partially hydrogenated or esterified 
Mayonnaise products   
2001 Vegetables, fruits, nuts and othe r eatable parts of plants prepared or tinned in vinegar or 
acetic acid (vegetable tins), pickled mushrooms  
2002 Tinned tomatoes without vinegar or acetic acid  
2004; 2005 Other frozen or non-frozen vegetables tinned without vinegar or acetic acid  
2006 00 Fruits, nuts, fruits peel and other parts of plants tinned in sugar (impregnated with sugar 
syrup, glazed) or othe r sweeten substances  
2007 Jam, jelly, candied fruits, artificial honey, fruit pur ee with sugar or other sweeten 
substances passed thermal treatment   
2008 Fruits, nuts and other eatable parts of plants  containing or not containing sugar or other 
sweeten substances, or alcohol prepared or tinned by other means  
2009 Fruit and vegetable juices with/without sugar, other sweet en substances, beverages and 
vegetable syrups  
2201 Waters including natural and artificial mineral, ae rated waters with/without sugar or other 
sweeten substances  
2202 Soft aerated drinks with suga r or other sweeten and aromatic substances, other soft drinks  
2203 Beer 
2204 Natural wines including fortified, must  wines, sparkling wines, champagne   
2205 Vermouths and natural wines with vegetable and aromatic extracts  
2206 00 Other digested drinks (cider, honey-drinks, fruit wines)  
2207 Ethyl non-denaturated alcohol with alcohol concentration 80% and more; ethyl alcohol 
and other denaturated alcohols of any concentration  
2208 Ethyl non-denaturated alcohol with alcohol c oncentration less than 80%; alcohol tinctures, 
liqueurs and other alcohol drinks   
2209 00 Vinegar and its substitutes received  from acetic acid (wine vinegar)  
1701 Cane or beet sugar,  chemical pure sucros e in hard condition  
1702 Other types of sugar including chemically pure lactose, maltose, glucose in hard condition  
1704 Sugar confectioneries (including white choc olate) not containing cocoa: caramel and 
drops; pastille and marsh-mellow; chewing gum; fruit jelly; candies glazed with non-
chocolate syrup; soft non-glazed candi es; cream; white choc olate; toffee   
1806 Chocolate and other food substances containing cacao, chocolate pastes, cacao oil  
1805 00 000 0 Cacao powder without sugar and other sweeten substances  
0901 Fried or non-fried coffee with/without caffe ine, coffee substitutes containing coffee  
0902 Aromatized tea or non- aromatized green tea  
0903 00 000 0 Black tea, mate  (Paraguayan tea)   
0904 12 000 0, 0904 20 300 0 Dried crushed or milled pepper   
 Spices:  
0905 00 000 0 vanilla;  
0906 cinnamon and flowers of cinnamon-tree 
0907 00 000 0 pink (fruits, flowers) 
0908 nutmeg, mace, cardamom 
0909 seeds of anise, anisetree, fennel, coriander, caraway, juniper berries 
0910 ginger, saffron, turmer ic, thyme, bay leaf  
1108 Starch 
1101 00 Wheat or wheat-rye flour  WT/ACC/SPEC/KAZ/9/Rev.2 
Page 258  
 
  Code of Commodity 
Nomenclature of Foreign-
Economic Activity Products 
1 2 
1102 Other crops flour (except of wheat and wheat- rye flour): rye flower; corn meal; rice flour; 
other crops flour   
1103 Cereals and granules of crops, meal: wheat, oa t, corn, rice, buckwheat, barley, pearl-barley 
meal  
1104 Corn treated by other means (by peeling, fl atting, treated to flakes, crushed as ground), 
milled crops foetus and flatted as flakes  
1105 Meal, cereals, potato flakes and granules  
1902 11 000 0, 1902 19 Non-yeast dough products (macaroni pr oducts) with/without filling,  non-cooked spaghetti  
1902 20; 1902 40 Macaroni and noodles; dumplings, ravioli (vareniks), manty, capelloni, couscous  
1904 Ready food substances made by blowing up and frying of corn, cereals or corn products 
(dry breakfasts)  
1905 Bread, floury confectioneries, biscuits and other bakery products not containing cacao, 
waffle disks, empty capsules suitable for pharmaceutical application, waffles, rice paper 
and similar products   
2501 00 Salt (including table salt, pure sodium chloride)  
2402 Cigarettes, cigars made of tobacco or its substitutes   
2403 Tobacco  
2101 Extract, essences and concentrates of coffee,  products on the basis of extracts, essences, 
concentrates of coffee, tea, mate, fried chicory and other fried coffee substitutes and 
extracts, essences and their concentrates  
2102 Yeast (active and non-active), ot her dead unicellular organism s (except of vaccines), ready 
bakery powders  
2103 Sauces, flavor additives, mixed condiments, mustard powder and ready mustard    
2104 Soups and bouillons, ready stor ages for their preparation, homogenized mixtures of food 
substances, vege table, snack, lunch tins   
2105 00 Ice-cream and other types of food ice not containing or containing cacao  
3503 00 Gelatine and gelatine derivatives   
 Corns (all sub-items concerning seeds have been excluded from commodity item)   
1001 Wheat and wheat-rye mixture  
1002 00 000 0 Rye  
1003 00 Barley  
1004 00 000 0 Oat  
1005 Maize  
1006 Rice  
1007 00 Grain sorghum  
1008 Buckwheat, millet, ribbon grass seeds  
1207 20 900 0 Cotton seeds  
 18.  Fuel raw materials  
2710 11 410 0, 2710 11 450 0, 
2710 11 490 0, 2710 11 510 0, 
2710 11 590 0 Motor gasoline  
2710 19 250 0, 2710 19 290 0,  
2710 19 610 0, 2710 19 630 0, 
2710 19 650 0, 2710 19 690 0 Oil fuel: black oil, kerosene  
2710 19 810 0, 2710 19 710 0 Motor oil, turbine and compressor oil  
2710 19 870 0 Transmission oil (oil for gears and reducers)  
2710 19 990 0 Oil for refrigerating machines   
2710 99 000 0, 2710 19 930 0 Electric insulati ng oil (condenser and transformer oil)  
2711 11 000 0 Liquefied carbureted hydrogen gas  
2711 21 000 0 Natural gas  
2710 19 310 0, 2710 19 350 0, 
2710 19 410 0, 2710 19 490 0, 
2710 19 450 0 Diesel oil   WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 259 
 
 
  Code of Commodity 
Nomenclature of Foreign-
Economic Activity Products 
1 2 
 19.  Toys  
3604 10 000 0, 3604 90 000 0 Pyrotechnic toys , petards, fire works, Bengal lights  
9503 10 Electrified toys  
9501 00 100 0, 9502 10 100 0, 
9503 20 100 0, 9503 30 100 0, 
9503 30 300 0, 9503 49 300 0, 
9503 10 100 0, 9503 10 900 0 Plastic, print, wooden toys  
9501 00 100 0, 9502 10 900 0, 
9503 41 000 0 Metal toys  
9503 90 370 0, 9502 10 900 0 Toys made of fabric, fur, cotton, bonded fabrics  
9503 90 350 0 Rubber toys  
9503 49 900 0 Toys made of other materials  
9503 90 340 0, 9503 90 990 0 Toys made of porcel ain, ceramics, papier-mâché, wooden pulps  
 20.  Jewellery, gold and silver products and other products  
7113 Jewellery and its parts made of precious metals  and metals clad with  precious metals   
7114 Gold and silver products and their parts made  of precious metals and metals clad with 
precious metals   
7115 Other products made of precious metals a nd metals clad with precious metals   
 21.  Products for potentially hazardous manufactures  
9020 00 900 0, 6506 10 100 0, 
6506 10 800 0 Individual security facilities  
7312 10 590 0, 7312 10 710 0, 
7312 10 750 0, 7312 10 790 0, 
7312 10 820, 7312 10 840, 
7312 10 860, 7312 10 880, 
7312 10 990 0, 7312 90 900 0 Steel (general) closed hoist ropes, closed track cables, calf line s for production and long-
hole exploration drilling, reinforce ropes  
7322 90 900 0 Fire-prevention valves  
7304 10 100 9, 7304 10 300 9, 
7304 10 900 9 Steel seamless pipes of oil-proce ssing and petrochemical industry  
 Pipes for oil-and-gas-pipelines: 
7304 21 000 1, 7304 21 000 9,  
7304 29 110 1, 7304 29 110 3, 
7304 29 110 4, 7304 29 110 9, 
7304 29 190 1, 7304 29 190 9 Steel seamless casing pipes,  lifting and drill pipes  
7304 31 100 0, 7304 31 910 0,  
7304 31 990 0 Steel seamless cold-drawn pipes, precis ion pipes made of ferrous metals  
7304 39 100 0, 7304 39 300 0, 
7304 39 590 0, 7304 39 910 0, 
7304 39 930 0, 7304 39 990 0 Seamless untreated pipes  
7304 41 900 0 Steel seamless cold-drawn pipes  
7304 49 100 0, 7304 49 910 0, 
7304 49 990 0 Untreated pipes  
7304 51 110 0, 7304 51 190 0, 
7304 51 910 0, 7304 51 990 0 Steel seamless pipes made of steel alloy  
7304 59 100 0, 7304 59 310 0, 
7304 59 390 0, 7304 59 910 0, 
7304 59 930 0, 7304 59 990 0 Untreated pipes made of steel alloy  
7304 90 900 0 Pipes with fitting  
7305 11 000 1, 7305 11 000 2,  
7305 11 000 3, 7305 11 000 9, 
7305 12 000 1 Steel welded pipes made of ferrous metals for gas-and-oil-pipelines  
7305 12 000 9, 7305 19 000 0, 
7305 31 000 0, 7305 39 000 0, 
7305 90 000 0 Longitudinal welded pipes  
7306 10 110 0, 7306 10 190 0, 
7306 10 900 0 Helical welded pipes  
7306 20 000 0 Casing and lifting pipes  WT/ACC/SPEC/KAZ/9/Rev.2 
Page 260  
 
  Code of Commodity 
Nomenclature of Foreign-
Economic Activity Products 
1 2 
7306 30 100 0, 7306 30 210 0,  
7306 30 290 0, 7306 30 590 0, 
7306 30 780 0, 7306 30 900 0 Welded pipes made of iron, zinc and steel alloy  
7305 20 100 1, 7305 20 100 9,  
7305 20 900 0, 7305 31 000 0 Steel welded pipes used upon drilling of oil and gas wells  
7306 40 910 0, 7306 40 990 0, 
7306 50 100 0, 7306 50 910 0, 
7306 50 990 0, 7306 60 310 0, 
7306 60 390 0, 7306 90 000 0 Steel welded pipes made of steel alloy and stainless steel  
 Pipes for oil-and-gas-pipelines: 
7304 10 100, 7304 10 300, 
7304 10 900, 7304 49 910 0 Steel seamless hot-strained, cold-strained and thermal-strained pipes  
7304 21 000 Steel drill pipes with ups et ends and their couplings  
7307 23 100 0, 7307 93 110 0,  
7307 23 900 0, 7307 93 190 0 Steel seamless parts of pipelines welded on Ru 10 MPa (10 kilogram force/cm3)  
7307 23 100 0, 7307 93 110 0,  
7307 93 910 0 Bent pipe-bends and curved embeddings on turn s of linear parts of steel trunk pipelines  
8425 11 900 0 Pulley tackles and hoists with electric engines  
8425 20 000 0, 8425 31 900 0 Special winches  
8419 50 900 0 Heat exchangers  
7309 00 100 0, 7309 00 300 0,  
7309 00 510 0, 7309 00 590 0, 
7310 10 000 0 Vessels (vessels, tanks, balloons and barrels) operating under wa ter, steam or gas pressure, 
compressed, liquefied and solute gases unde r pressure over 0.07 Mpa (0.7 kilogram 
force/cm3)  
8416 10, 8416 20,  
8416 30 000 0 Furnace burners for liquid fuel, mechanical furnaces, gas burners  
8428 10 910 0, 8428 10 990 0 Passenger lifts and elevators  
8413 50 300 0, 8413 50 500 0, 
8413 60 300 0, 8413 60 600 0, 
8413 60 900 0, 8413 70 910 0, 
8413 70 990 0, 8413 82 00, 
8414 40 100 0, 8414 40 900 0 Fluid pumps   
 22.  Products of railway branch  
7302 90 300 0 Terminals of separate  rail brace of railway line  
7302 40 900 0 Joint two-headed bars for broad gage railways  
7302 40 900 0 Spike fastening supports of railway line . Separate fastening supports for railway line   
7302 10 100 0 Broad gage railways  
4406 Wooden sleepers for railways  
6810 99 000 0 Concrete sleepers for railways (1520 mm)  
8607 19 180 Bandages for rail way mobile trains  
8607 21 100 0 Non-rotary stop blocks for freight cars of mail-line railways   
8607 21 100 0 Rotary brake pad blocks for wags of main-line railways  
8607 30 Moulded pieces of automati c hitch-mechanism of railway track mobile trains (1520mm)  
8607 19 180 9 Whole-rolled wheels for railway mobile train  
8607 21 100 0 Cast-iron brake-blocks  for railway mobile train  
8414 80 Piston compressors of railway mobile train  
8607 19 0 10 Wag axles  
8607 19 0 10 Locomotive axles  
8607 19 0 10 Helical spiral  of railway mobile train  
8607 21 Air reservoirs for automatic brakes of railway wags 
8607 19 0 10 Sheet springs for railway mobile train  
8607 21 Connecting hoses for brakes of railway mobile train  
8607 21 Brake equipment: cranes  
8607 21 Brake beams of freight bogies leverage of main-line railways  
8607 21 Brake block pins for wags of mail-line railways  
8535 100 000 High-voltage protectors for railwa y mobile train, pr otective devices   WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 261 
 
 
  Code of Commodity 
Nomenclature of Foreign-
Economic Activity Products 
1 2 
 23.  Special technical protection facilities  
8531 10 100 0 Receiving-control devices (supervisory panels, concentrators, loop receiving-control 
devices) for loop condition control of intruder and alarm signalling  
8531 10 200 0 Bells, sirens, display control panels an d guard signaling of diffe rent functioning mode 
used in motor vehicles: infrared, radio-wave, optical-electrical, seismic-impact, magnetic-
contact, capacitive, piezoelectric,  acoustic, vibrating and radar   
8531 10 300 0 Bells, sirens, display control panels an d guard signaling of diffe rent functioning mode 
used in buildings: infrared, radio-wave, optical-electrical, seismic-impact, magnetic-
contact, capacitive, piezoelectric,  acoustic, vibrating and radar   
8531 10 800 0 Bells, sirens, display control panels an d guard signaling of diffe rent functioning mode 
used outside buildings: infrared, radio-wave, optical-electrical, seismic-impact, magnetic-
contact, capacitive, piezoelectric,  acoustic, vibrating and radar   
8537 10 990 0 Information media (centralized supervision panels, automated and information-controlling 
protection systems with information transfer by  physical, fiber-optic and relay lines, radio-
protection systems)  
8538 10 000 0 Panels, state control boards of protec ted objects and flats not equipped with corresponding 
apparatus  
 
 WT/ACC/SPEC/KAZ/9/Rev.2 
Page 262  
 
  12(b): List of products for which conformance recognition 
 
is permitted by declaration of conformance  
Code of  Commodity 
Nomenclature of Foreign-
Economic Activity Name of products 
1 2 
 1. Communication facilities 
8525 10 800 Transmitting and receiving radio communication apparatus of general application 
(individual radio communication apparatus). Apparatus transmitting for broadcasting 
or television. Receiving-transmitting radio st ations of mobile and immobile services  
8517 11 000 0 Electric telephone sets including  
8517 19 900 0 Telephone sets with wireless receiver, coin-box telephones  
8525 20 910 0 Transmitting apparatus of trunk and cellular connection systems and its components  
 2.  Medical products  
3006 50 000 0 First-aid sets  
 3.  Consumer goods contacting with human skin  
4014 90 900 0 Hygienic and pharmaceutical products made of vulcanite: rubber masks for swimming 
under water and mouth-pieces, swimming caps  
4014 90 900 0 Rubber hot-water bottles. Lining rubber-textile oilcloth   
 4.  Equipment for potentially hazardous manufactures  
7312 10 590 0, 7312 10 710 0,  
7312 10 750 0, 7312 10 790 0,  
7312 10 820, 7312 10 840,  
7312 10 860, 7312 10 880, 
7312 10 990 0, 7312 90 900 0 Steel (general) closed hoist ropes, closed  track cables, calf lines for production and 
long-hole exploration drilling, reinforce ropes  
 5.  Building materials  
3921 11 000 0, 3921 12 000 0, 
3921 13, 3921 14 000 0, 6806 Sound-insulating, thermal insulating and s ound-absorbing materials products (made of 
mineral wool, glass wool, glass fibre, pearli te, cellular concrete, poromeric material)  
7016 90 Double glasses 
 6.  Package  
7323 99 910 0 Metal covers for glass containers  
 7.  Products of light industry  
5208, 5209, 5210, 5211, 5212 Cotton cloths  
5111, 5112, 5113 00 000 0 Wool cloths  
6401, 6402, 6403, 6403, 6405 Leather, rubber, textile shoe s, shoes made of leather and rubber substitutes  
 8.  Woodworking products  
3605 00 000 Matches  
9401 30, 9401 40 000 0, 
9401 50 000 0, 9401 61 000 0, 
9401 69 000 0, 9401 71 000 0, 
9401 79 000 0, 9401 80 000 0 Domestic furniture  
  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 263 
 
 
  12(c): Uniform rules for certifi cation by safety criteria  
for products subject to mandatory certification  
Products, subject to mandatory certification (both local and imported), shall be certified by safety 
criteria in accordance with the following uniform rules: 
1. Products shall be certified upon the applicant's request submitted to any certification body 
accredited for such type of products; 
- the applicant chooses the product certificati on scheme (module) with the assistance of the 
certification body; 
- the certification body shall consider the appli cation, register it, and send the applicant the 
resolution on the results of application processing. The resolution states the main 
certification conditions: the suggested certif ication scheme (module), the laboratory, 
conditions of inspection control over the certified product;  
- if the applicant agrees with the cond itions of product certification, they make 
an Agreement on product certification and the applicant transfers the certification fee to 
the certification body's bank account; 
2. The certification body takes samples of the declared products in accordance with the 
requirements of guidelines on such products, wh ich is to be verified with the document; 
3. The certification body sends the samples to th e accredited laboratory (centre) chosen at its 
discretion; 
- the laboratory (test centre) shall check the samples and send the results report to the 
certification body; 
4. If the certification scheme (module) procedure results positively, the certification body issues 
the certificate for the product and makes the required number of copies;  
- the conformity certificate may have an annex with the list of specific products that were 
certified, and, their composition if required. 
- the certification body sets the certificate's expiration date taking into account: 
 - the certification scheme (module) chosen;  
 - the specific character of a product and its production;   - expiration term of standards and normative documents for the product;  
 - the period of validity of the certificat e on production or quality management system, 
but no longer than for three years;  
5. The inspection control of certified products, if  such is required by the chosen certification 
scheme (module), shall be made by the certification body that has issued the certificate.  
Inspections shall be made at least once a year during the entire period of the certificate's validity. 
The cost of certification depends on how much a nd difficult the testing of the certified product is.WT/ACC/SPEC/KAZ/9/Rev.2 
Page 264  
 
  12(d): Conformity recognition schemes (modules)
 
 
No. Conformity 
recognition 
method Production 
Examination Inspection 
Control Certificate 
validity period 
(maximum) Quality Mark 
Marking Scheme (Module) Application 
Area 
1 2 3 4 5 6 7 
1  Product tests - - 6 months  No marking Scheme 1 shall be applied for a 
limited, preliminary agreed 
volume of product sales. 
2  Product tests Examination  Testing 
samples taken 
from the seller  
 
Examination 12 months All products 
shall be 
marked Scheme 2 shall be applied for 
certification of products 
supplied by long-term contracts 
or when off-the-shelf products 
are constantly supplied by 
separate contracts. 
3  Product tests Examination  Testing 
samples taken 
from the 
manufacturer 
 
Examination 12 months All products 
shall be 
marked Scheme 3 shall be applied for 
certification of off-the-shelf 
products, stable production of 
which makes no doubt. 
4  Product tests Examination  Testing 
samples taken 
from the seller 
Testing 
samples taken 
from the 
manufacturer 
 
Examination 18 months All products 
shall be 
marked Scheme 4 shall be applied 
when it is necessary to make a 
versatile and strict control over 
the stability of product 
specifications. 
 
5  Product tests Production or 
quality 
management 
system 
certification  
 Testing 
samples * 
taken from the 
seller 
Testing 
samples taken 
from the 
manufacturer 
Production 
(quality 
management 
system**) 
control 36 months All products 
shall be 
marked  
 
 
 Scheme 5-6: it is recommended 
to apply them for certification 
of products where: 
− the factual output is 
insufficient for an 
objective evaluation of 
products manufactured; 
− technology processes are 
sensitive to external 
factors; 
− there are high 
requirements to the stable 
product specifications; 
− product shelf-life is less 
than the time necessary to 
organize and carry out the 
tests; 
− frequent product 
modifications; 
− it is only possible to test 
the product after 
installation at the end 
consumer.  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 265 
 
 
  No. Conformity 
recognition 
method Production 
Examination Inspection 
Control Certificate 
validity period 
(maximum) Quality Mark 
Marking Scheme (Module) Application 
Area 
1 2 3 4 5 6 7 
6  Product tests Quality 
management 
system 
certification  Quality 
management 
system** 
control 
 36 months No marking Scheme 6 provides for no 
certification of the end product 
and is recommended for 
certification of parts. 
 
Scheme 6 may be applied for 
certification of products 
imported by a supplier (not the 
manufacturer) who has a 
certificate for its quality 
management system, if the 
nomenclature of certified 
specifications meets the 
requirements of the standards 
documents existing in the 
Republic of Kazakhstan. 
7  Product 
consignment 
tests   Consignment 
sale period  No marking Scheme 7 shall be applied 
when production and sale of 
specific product is one-time (a 
consignment, single item). 
8  Each product 
test    Not limited All products 
shall be 
marked. Scheme 8 shall be applied 
when production and sale of 
specific product is one-time (a 
consignment, single item). 
9  Considering a 
conformity 
recognition 
application 
with enclosed 
documents    Product 
expiration 
period, but not 
exceeding 12 
months  No marking Scheme 9: it is recommended 
to apply scheme 9 for imported 
products in the following 
situations: 
− when products are 
imported for internal 
production needs (spare 
parts, associated products, 
raw materials and semi-
manufactured products, 
technological auxiliaries, 
equipment and tools for 
production, installation, 
etc);  
− when products are 
imported for sale by other 
organizations and there 
are no test laboratories in 
the region. 
10  Considering a 
conformity 
recognition 
application 
with enclosed 
documents.  Examination  12  months  No marking Scheme 10 shall be applied for 
certification of products made 
by local manufacturers when 
the production is 
irregular/random or short and 
the output is small. 
Notes: 1. Certification schemes 1-6 and 10 shall be applied for certification of off-the-shelf products, and 
schemes 7, 8, 9, for certification of product consignments (single items). 
2. It is not allowed to apply schemes 9 and 10 for certification of the following groups of homogeneous 
products: children food , toys, car gasoline, medicinal agents; hazardous production objects. 
 
 WT/ACC/SPEC/KAZ/9/Rev.2 
Page 266  
 
  ANNEX 13 
13(a): List of goods subject to state veterinary control
 
 
FEA PN 
Code Description 
0101     Live horses, donkeys, mules, and hinnies 
0102 Livestock  
0103 Live pigs  
0104 Live sheep and goats 
0105 Live poultry, i.e. саllus dоmеstiсus (chicken), duck, turkey, and guinea fowl 
0106 Other live animals 
0201 Fresh or refrigerated meat of cattle 
0202 Frozen meat of cattle 
0203 Fresh, refrigerated or frozen pork 
0204 Fresh, refrigerated or frozen mutton or goat's flesh 
0205 Fresh, refrigerated or frozen flesh of horse, donkey, mule or hinny 
0206    Fresh, refrigerated or frozen food by-products  from cattle, pig, sheep, goat, horse, donkey, mule or 
hinny 
0207 Fresh, refrigerated or frozen meat and food by-products from poultry (line 0105) 
0208 Other fresh, refrigerated or frozen meat and meat by-products 
0209 Fresh, refrigerated, corned or pickled, dried or smoked lard separated from lean meat, poultry fat 
(not melted into grease or not extracted by any other means) 
0210 Corned or pickled, dried or smoked meat and food meat by-products; meat-meal 
0301 Live fish 
0302 Fresh or refrigerated fish except for filleted fish and other fish meat in line 0304 
0303 Frozen fish except for filleted fish and other fish meat in line 0304 
0304 Fresh, refrigerated or frozen filleted fish  and other fish meat (including minced fish) 
 
0305 Dried, salty or pickled fish; hot or cold smoked fish; fish flour, powder and granules for food 
0306 Live, fresh, refrigerated, frozen, dried, corned or pickled shellfish; undivided shellfish steamed or 
boiled; flour, powder and granules from shellfish 
0307 Mollusk (clam), other invertebrate animal different from the shellfish and mollusk; flour, powder 
and pills from other invertebrate animals for food 
0401 Not condensed milk and cream without sugar or other edulcorators 
0407 Eggs in shell: fresh, canned or boiled 
0408 Eggs without shell and egg yolk: fresh, dried, steamed or boiled, moulded, refrigerated or canned 
by any other method 
0409   Natural honey 
0410 Other food products from animals, not specified in other lines 
0504 Animal bowels, bladder and stomach (except for fish): whole or in pieces 
0505 Skins and other parts of birds with feathers or fluff; feathers and parts of feathers…; and fluff…: 
for storage but not for further processing; powder and waste from feathers and their parts 
0506 Bones and horns: unprocessed, defatted, after primary treatment (without moulding/shaping), 
treated with acid or de-g elatinized; powder and waste from such products 
0507 Ivory, turtle shell, whalebone…; horns, hoof, nails, claws, beaks: unprocessed or after primary 
treatment (without moulding/shaping); powder and waste from such products 
0509 Natural sponge of animal origin 
0510 Ambergris, castoreum, civet and musk; bile and dry bile; glands and other animal products used in 
pharmaceutics: fresh, refri gerated and frozen 
0511 animal products not specified in other lines, ined ible perished (dead) animals of category 01 or 03 
1501 Pig fat (including lard) and poultry fat, except for fat in line 0209 or 1503 
1502 Fat of cattle, sheep or goat, except for fat in line 1503 
1504 Fat, oil and their fractions from fish or sea mammal: refined or not refined, but with unchanged 
chemical composition 
1505 Wool grease and fat from it (including lanolin)  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 267 
 
 
  FEA PN 
Code Description 
1516 Animal or vegetable fat, oil and their fractions: refined and not refined, but unprocessed 
1518 Animal or vegetable fat, oil and their fractions : inedible boiled, oxidized, dehydrated, sulfonated 
or bodied by heating in vacuum or rare gas, except for goods in line 1516  
3002 Human blood; animal blood, immune serum (antiserum) and other blood fractions…; vaccine, 
toxin, germ cultures (except for yeast) and similar products 
3003 Medicine (except for line 3002, 3005 or 3006) made of two or more components, not packed 
3004 Medicine (except for lines 3002, 3005 or 3006) made of mixed or unmixed products…; packed for 
retail sale 
3005 cotton wool, gauze, bandage and similar products: packed for retail sale, designated for medical 
application in surgery, dentistry or veterinary 
3006 Pharmaceutical products men tioned in notes on this group 
3101 Animal or vegetable fertilizers: mixed or  unmixed, chemically processed or unprocessed 
3203 Vegetable or animal dye-stuffs (including extracts, except for animal coal) of known or unknown 
chemical composition and chemicals made from them 
3802 Activated charco al; activated natural mineral products; an imal coal, including waste animal coal 
4101 Skins of cattle or horse family an imals (untanned) with or without wool 
4102 Sheep or lamb skin…: with or without wool, except for the ones excluded in note 1 to this group 
4103 Other unprocessed skins and fells (rawstock)…, with or without wool, except for the ones 
excluded in note 1 (b) or 1 (c) to this group 
4104 Skin of cattle or horse family animals without wool, except for leather in line 4108 or 4109 
4105 Sheep or lamb skin leather without wool, except for commercial leather in line 4108 or 4109 
4106 Goat skin leather without wool, except for commercial leather in line 4108 or 4109 
4107 Other animals skin leather without wool, except for commercial leather in line 4108 or 4109 
4109 Enamelled leather and laminated en amelled leather; metallized leather 
4110 Leather cuttings and other waste from natural or artificial leather unsuitable for production of 
leather items, leather dust, powder and flour  
4111 Artificial leather based on natural leather or leather fibre:  in plates or bands, in rolls or not in rolls 
4201 Harness leather items and harness for any anim al (including traces, bridle s, knee-cap, horsecloth 
and similar goods) made from any material 
4206   Items made from animal bowels (except for catgut from natural silk), bladders or sinew 
4301 Fur rawstock (including heads, tails, … suitable for production of fur items), except for rawstock 
and commercial skins in lines 4101, 4102 or 4103 
4302   Tanned fur skins or leather, …packed or unpacked (without other materials added) except for the 
ones specified in the line 
5101 Uncombed and not carded wool 
5102 Thin or crude uncombed and not carded wool 
5104 Restored sheep wool and thin or crude restored animal wool 
5105 Sheep wool and thin or crude combed or card ed animal wool (including  combed wool in pieces) 
9018 Equipment and devices to be used in medicine, surgery, dentistry or veterinary, including planar 
nuclear imaging system, other el ectrical medical equipment and devices for research on eye 
9601     Processed ivory, bone, turtle shell, antler,  coral, nacre and other animal materials for carving and 
items from these materials (including … by molding) 
 
  
  WT/ACC/SPEC/KAZ/9/Rev.2 
Page 268 13(b): Comparative table of import and export pe rmit procedures and veterinary-sanitary rules of  
imported and domestic products tran sportation within the territory of the Republic of Kazakhstan  
Import of products subject to veterinary 
control to the Republic of Kazakhstan 
 Export of products subject to veterinary 
control from the Republic of Kazakhstan Transportation of imported products within the territory 
of the Republic of Kazakhsta n after passing state border 
and domestic products from one region to other regions. 
When issuing an import permit, the authorized body 
carries out the following: 
  1.  Central authorized body in the field of veterinary 
checks whether the expor ting country is subject 
to temporary ban due to outbreak of infectious diseases according to the OIE list as well as 
presence of veterinary certificate approved by 
the central authorized body in veterinary of 
exporting country. In case, if country is not in 
the OIE list, or any other information was not 
received from the exportin g country, central 
authorized body approves the application. 
 
2  Territorial departments confirm safety of 
transportation and compliance of places of 
storage, processing and sale or use with veterinary requirements. In case of incompliance 
with the requirements, a trader has a right to re-
apply for obtaining import permit after all the necessary requirements were met.    
 When issuing an export permit, the authorized body 
carries out the following: 
 1.  Territorial departments confirm the possibility to 
fulfill veterinary requirements of the importing 
country, epizootic situ ation of the places of 
origin and shipment of products, ability to 
provide necessary laboratory analysis and 
veterinary treatments and send a request to the authorized body to issue a permit. In case of 
incompliance with the requirements, trader has a 
right to re-apply after all the necessary requirements were met.    
 
2.  Authorized body when it is possible to meet 
veterinary requirements of the importing country 
coordinates veterinary cer tificate with the central 
veterinary body of the importing country, 
approves the request and issues and issues 
permit for export of the products or provides justified refusal in writing.    
 The official permit for transportation of all kinds of 
shipments within the country is not issued. It should be 
noted, that as soon as imported products pass state border of Kazakhstan, the sa me requirements apply to 
them as to the domestic products, in particular when 
transporting within the country. At the same time, all requirements for transportation of 
products within the country are de-facto  equivalent to 
the import permit requirements . 
During the transportation within the Republic of 
Kazakhstan territorial veterinary services carry out the 
following control:  
1.  Products subject to state veterinary control can 
be imported only from the places (settlements, 
farms, warehouses, organizations) which are 
free of infectious di seases and not under 
quarantine. 
2.  Control is implemented when the owner of the 
product obtains veterinary certificate for transportation, selling in market, in shops or for 
processing. Veterinary inspectors control 
availability of the veterinary certificate issued on the basis of veterinary-sanitary expertise,  
storage and transportation conditions.  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 269 
 
 
  13(c): List of animal and plant pests/diseases subject to monitoring  
Animals  
Rabies, goat fever, Aujeszki's disease, leucosis, lept ospirosis, listeriosis, hemorrhagic septicemia,  
Siberian plague, (except for ascolization of raw hide), tuberculosis, foot-and-mouth disease, pox, 
echinococcosis, paratuberculosis, toxpoplasmosi s, trychphytia, rikketsial diseases, Francis disease, 
vesicular stomatitis (exotic disease), epidemic vom iting, rednose, parainfluenza-3, cattle-plague, 
blackleg, campilobacteriosis, spongiform encephal opathy, infectious lary ngotracheitis, Newcastle 
disease, Marek's disease, Gamboro's disease, bir dpox, parrot disease, respiratory mycoplasmosis, 
highly-pathogenic bird influenza,  nodular dermatitis (exotic disease), clamidiosis (enzootic) sheep 
abortion, anaerobic sheep enterotocsemia, bradsot, infectious epididymitis of stags, contagious 
pustular dermatosis (ecthyma), clamidiosis sheep abortion, infectious agalactia of sheep and goats, 
scrapie, maedi-visna, adenomatosis, bluetongue (exotic diseases), plague of small ruminants, 
infectious anemia, equinia, influenza, rhinopne umonia, infectious encephalomyelitis, African horse 
sickness (exotic disease), epizootic lymphangitis, camel plague, classical plague, lymphangitis, 
erysipelas, vesicular disease, Tesh en's disease, viral transmissible gastroenteritis, African plague 
(exotic diseases), viral hemorrhagic  myxomatosis , myxomatosis, zoophagous  plague, hemorrhagic 
carp septicemia, opisthorchosis.  
Plants  
American white butterfly, eastern fir seed moth, Ca lifornian parlatoria, Capridae beetle, Colorado 
potato beetle, phylloxera, coccid Komstok, caryops is, ragweed, richweed perennial, bitterling, 
nightshade (coracoid), field dodders. 
 WT/ACC/SPEC/KAZ/9/Rev.2 
Page 270  
 
  ANNEX 14 
Trade Agreements
 
I. CIS Free Trade Area   
Basic Agreements:  
− Agreement on Establishing a Free Trade Area (15 April 1994); 
− Protocol on Amending the Agreements  on Establishing a Free Trade Area of 
15 April 1994 (2 April 1999); 
− Agreement on Re-export of Goods and the Procedure of Licensing of Re-export 
(15 April 1994); 
− Agreement on Rules of Origin (24 September 1994); 
− Agreement on Uniform Goods Nomenclature of CIS Foreign Economic Activity of 
(3 November 1995); 
− Protocol on Amendments into Uniform Goods Nomenclature of CIS Foreign 
Economic Activity (4 June 1999); 
− Protocol on Amendments into Uniform Goods Nomenclature of CIS Foreign 
Economic Activity (8 October 1999); 
− Protocol to the Agreement on Uniform Goods Nomenclature of CIS Foreign 
Economic Activity  (20 June 2000); 
− Agreement on Measures for Prevention and Restraint of Fictitious Trade Marks and 
Geographical Indications (4 June 1999); and 
− Protocol on the Rules for Conducting of C onsultations on Phasing-Out of Exemptions 
from Free Trade Regime of the Parties to the Agreement on Establishing a Free Trade Area (24 December 1999). 
Liberalization of National Markets:
 
− Agreement on Formation of Common Scien tific and Technological Area under CIS 
(3 November 1995); 
− Agreement on Formation of Principles of Common Transport Area and Cooperation 
of CIS Member States in the Sphere of Transport Policy (9 October 1997); 
− Agreement on Agricultural Market of CIS Member States (6 March 1998); 
− Agreement on Transit Procedures through the Territories of CIS Member States 
(4 June 1999); 
− Treaty on Conducting of Agreed Antimonopoly Policy (25 January 2000); and 
− Agreement on Basic Directions of Cooperation of CIS Member States in the Sphere 
of Consumer Protection (25 January 2000). 
Development of Market Infrastructure:  
− Agreement on Establishment of In terstate Bank (22 January 1993); 
− Agreement on Assistance in Creation and Development of the Industrial, 
Commercial, Credit and Financial, Insuran ce and Mixed Transnational Associations 
(15 April 1994); 
− Agreement on Development of Exhibiti on Activity in the CIS (26 May 1995); 
− Convention on Transnational Corporations (6 March 1998); 
− Convention on Interstate Leasing (25 November 1998); 
− Convention on Coordination of Activity of  CIS Member States on Securities Markets 
(25 November 1998); and  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 271 
 
 
  − Program on Small Business (8 October 1999). 
FTA Formation Regulating Processes:  
− Agreement on Principles of Customs Policy (13 March 1992); 
− Agreement on Cooperation and Mutual  Assistance in Customs Affairs 
(15 April 1994); 
− Agreement on Customs Procedures for Registration and Customs Control of the 
goods Moving between the Parties to th e Agreement on Establishing a Free Trade 
Area (8 October 1999); and 
− Main Principles of the Accounting (Financial) Reporting (25 May 2000). 
 Creation of Favourable C onditions for FTA functioning:  
− Agreement on Technical Barriers in FTA (20 June 2000); 
− Agreement on the Procedures of Settling Di sputes Related to Economic Activities 
(20 March 1992); 
− Agreement on Principles of Harmonization of the Economic Legislation of CIS 
Member States (9 October 1992); 
− Agreement on Cooperation in Investme nt Activities (24 December 1993); 
− Agreement on Establishment of Pa yments Union (21 October 1994); 
− Agreement on Coordinated Policy in the Fi eld of Transport Tariffs Determination 
(17 January 1997); 
− Agreement on Support and Development of Small Business (17 January 1997); 
− Convention on Investor Rights Protection (28 March 1997); 
− Agreement on Procedures for Mutual Executi on of Arbitration, Economical Courts 
Decisions on the Territory of CIS Member States (6 March 1998); and 
− Agreement on Collection Principles of Indirect Taxes under Export and Import of 
Goods (Works, Services) among CIS Me mber States (25 November 1998). 
II. Bilateral trade Agreements  
 
Georgia:  
Trade relations between the Republic of  Kazakhstan and Georgia are based on: 
− the Free Trade Agreement between the Gove rnment of the Republic of Kazakhstan 
and the Government of Georgia of 11 November 1997; 
− the Protocol on Exemptions from Free Trad e Regime to the Free Trade Agreement 
between the Government of the Republic  of Kazakhstan and the Government of 
Georgia of 11 November 1997; and 
− the Protocol on Amending the Free Trade Ag reement between the Government of the 
Republic of Kazakhstan and the Governme nt of Georgia of 11 November 1997. 
In accordance with the Protocol on Exempti ons Kazakhstan applies exemptions from Free 
Trade Regime when importing tobacco, sugar, alcoholic and non-alcoholic beverages from 
Georgia with the exception of wines and brandies.  
Georgia does not apply exemptions with respect to Kazakhstan. In November 2004, the Protocol on Ame nding the Free Trade Agreement between the 
Government of the Republic of Kazakhsta n and the Government of Georgia of WT/ACC/SPEC/KAZ/9/Rev.2 
Page 272  
 
  11 November 1997, providing for gradual e limination of exemptions starting from 
1 April 2005, was signed.  This Protocol w as ratified by the Law of the Republic of 
Kazakhstan No. 78 of 30 September 2005 
Azerbaijan:
 
Trade relations between the Republic of Kaza khstan and the Azerbaijan Republic are based 
on: 
− the Free Trade Agreement between the Gove rnment of the Republic of Kazakhstan 
and the Government of the Azer baijan Republic of 10 June 1997; 
− the Protocol on Exemptions from Free Trad e Regime to the Free Trade Agreement 
between the Government of the Republic of  Kazakhstan and the Government of the 
Azerbaijan Republic of 10 June 1997; and 
− the Protocol on Amending the Free Trade Ag reement between the Government of the 
Republic of Kazakhstan and the Govern ment of the Azerbaijan Republic of 
10 June 1997. 
In accordance with the Protocol on Exempti ons Kazakhstan applies exemptions from Free 
Trade Regime when importing alcoholic and non- alcoholic beverages, tobacco and industrial 
tobacco substitutes from Azerbaijan. 
In its turn Azerbaijan applies exemptions from Free Trade Regime when importing liqueur 
and vodka and other alcoho lic products, tobacco cigarettes from Kazakhstan. 
On 24 May 2005, the Protocol on Amending the Free Trade Agreement between the 
Government of the Republic of Kazakhstan a nd the Government of the Azerbaijan Republic 
of 10 June 1997, providing for gradual elimina tion of exemptions starting from 1 July 2006, 
was signed. This Protocol was ratified by th e Law of the Republic of Kazakhstan No. 144 of 
23 May 2006. 
Armenia  
Trade relations between the Republic of  Kazakhstan and Armenia are based on:  
− the Free Trade Agreement between the Gove rnment of the Republic of Kazakhstan 
and the Government of Armenia 20 September 1999; and 
− the Protocol on Exemptions from Free Trad e Regime to the Free Trade Agreement 
between the Government of the Republic  of Kazakhstan and the Government of 
Armenia of 2 September 1999.  
Pursuant to the Article 3 specified Protocol on Withdrawals from the Free Trade Regime signed on 2 September 1999 was concluded for th e term of one year and currently is not 
valid. Thus bilateral trade between Kaza khstan and Armenia is conducted without 
withdrawals.    
Uzbekistan:
 
Trade relations between the Republic of Kaza khstan and the Republic of Uzbekistan are 
based on: 
− the Free Trade Agreement between the Gove rnment of the Republic of Kazakhstan 
and the Government of the Republic of  Uzbekistan of 2 June 1997; and  WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 273 
 
 
  − the Protocol on Exemptions from Free Trad e Regime to the Free Trade Agreement 
between the Government of the Republic of  Kazakhstan and the Government of the 
Republic of Uzbekistan of 2 June 1997. 
In accordance with the Protocol on Exempti ons Kazakhstan applies exemptions from Free 
Trade Regime when importing rice, alcoholic  and non-alcoholic be verages, tobacco and 
industrial tobacco substitutes from Uzbekistan.   
Moldova:  
Trade relations between the Republic of Kaza khstan and the Republic of Moldova are based 
on: 
− the Free Trade Agreement between the Gove rnment of the Republic of Kazakhstan 
and the Government of the Republic of Moldova of 26 May 1995; and 
− the Protocol on Exemptions from Free Trad e Regime to the Free Trade Agreement 
between the Government of the Republic of  Kazakhstan and the Government of the 
Republic of Moldova of 26 May 1995. 
In accordance with the Protocol on Exempti ons Kazakhstan and Moldova apply exemptions 
from Free Trade Regime when exporting goods that fall under the legislation of Kazakhstan 
and Moldova on procedure for export of goods whic h is in effect at the time of customs 
clearance of the goods.   
In accordance with the Draft Protocol on Am ending the Free Trade Agreement between the 
Government of the Republic of Kazakhstan and the Government of the Republic of Moldova 
of 26 May 1995, currently is being under consider ation by the Government of the Republic of  
Moldova, the Protocol on Exemptions will become invalid.  
Ukraine:  
Trade relations between the Republic of  Kazakhstan and Ukraine are based on: 
− the Free Trade Agreement between the Gove rnment of the Republic of Kazakhstan 
and the Government of Ukraine of 17 September 1994; and 
− the Protocol on Exemptions from Free Trad e Regime to the Free Trade Agreement 
between the Government of the Republic  of Kazakhstan and the Government of 
Ukraine of 17 September 1994. 
In accordance with the Protocol on Exempti ons Kazakhstan applies exemptions from Free 
Trade Regime when importing beer, alcoholic products, ethyl alcohol, tobacco products and 
raw materials as well as other industrial tobacco.  
On 21 December 2005 the Draft Protocol on Elimination of Exemptions was approved by the 
Government of the Republic of Kazakhstan and th e Government of Ukraine.  It is planned 
this Protocol will be signed in the nearest future.  
III. Eurasian Economic Community (EurAsEC)  
EurAsEC Agreements:  
1. In the field of customs and tariffs re gulating, aimed at creating conditions for 
establishment of the Customs Union: WT/ACC/SPEC/KAZ/9/Rev.2 
Page 274  
 
  − Agreement on a Single Customs Tariff of the Customs Union Member States 
(17 February 2000); 
− Protocol on the Mechanism of Applying Special Safeguards, Anti-Dumping and 
Countervailing Measures in Trade of the Customs Union Member States (17 February 2000); 
− Protocol on Amendments and Addenda in  the Protocol on the Mechanism of 
Applying Special Safeguards, Anti-Dumpi ng and Countervailing Measures in Trade 
of the Customs Union Member States of 17 February 2000 (28 October 2003); 
− Protocol on Customs Control over the Re -Export of Commodities Originated from 
the Territory of States - Parties to th e Agreement on Customs Union and Single 
Economic Area of 26 February 1999 and Exported to Third Countries (22 May 2001); 
− Protocol on the Procedure for Introduction and Application of Export Customs Duties 
by the Customs Union Member States (22 May 2001);  
− Agreement on Uniform Goods Nomenclature of External Economic Activities of the 
Eurasian Economic Community (20 September 2002); 
− Agreement on Creation of a Single Customs Territory and Formation of the Customs 
Union (6 October 2007); and 
− Agreement on the Commission of the Customs Union (6 October 2007). 
 2. In the field of Non-Tariff Regulation: 
− Agreement on Common Non-Tariff Regulation Measures when Establishing the 
Customs Union (22 October 1997); and 
− Protocol on Common Rules for Licensing of Commodities Import and Export as well 
as Certain Types of Related Activities of the Eurasian Economic Community 
Member States (25 October 2004). 
3. In the field of TBT and SPS: 
− Protocol on uniform procedure of appl ying technical, medical, pharmaceutical, 
sanitary, veterinary, phytosanitary and ecological standards, norms, rules and 
requirements with regard to goods imported to  the states – parties to the Agreements 
on Customs Union (28 January 1999). 
IV. Customs Union in the framework of EurAsEC between Belarus, the Republic of 
Kazakhstan and the Russian Federation  
Customs Union Agreements : 
− Treaty on Customs Union Commission; 
− Protocol  on Amendments into the Tr eaty on Establishing of the EurAsEC of 
10 October 2000; 
− Treaty on Creation of Single Customs Territory and Formation of Customs Union;  
− Protocol on the Order of Entering into Force of the International Agreements 
Forming the Legal Base of Customs Union, Withdrawal from and Accession to 
Them;  
− Agreement on Principles of Levying of Indirect Taxes when Exporting and Importing 
Goods, Performing Works and Rendering Services in the Customs Union;  
− Agreement on Single Rules of Determination of Country of Origin  
− Agreement on Determination of Customs Valu ation of Goods Transferred Across the 
Customs Border of the Customs Union;   WT/ACC/SPEC/KAZ/9/Rev.2 
 Page 275 
 
 
  − Agreement on Single Non-Tariff Regulation Measures with regard to the Third 
Countries  
− Agreement on Conducting of Coordinated Policy in the Sphere of Technical 
Regulating, Sanitary and Phytosan itary Measures of the EurAsEC  
− Agreement on Application of Special Safeguard, Anti-dumping and Countervailing 
Measures with regard to the Third Countries  
− Agreement on Customs Statistics of Extern al and Mutual Trade in Goods of the 
Customs Union;  
− Agreement on Export Customs Duties w ith  regard to the Third Countries 
− Agreement on Single Customs and Tariff Regulation  
 
__________