RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/KAZ/58 
26 May 2005 
 (05-2137) 
Working Party on the 
Accession of Kazakhstan Original:   English 
 
 
 
ACCESSION OF KAZAKHSTAN 
 
Memorandum on Foreign Trade Legislation  
 
 
 The following submission, dated 23 May 2005, is  being circulated at the request of the 
Delegation of the Republic of Kazakhstan.   This document describes recent legislative deve lopments and a Plan for Draft Laws in 2005. 
 
 
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 WT/ACC/KAZ/58 
Page 2 1.  Changes in Foreign Trade Related Legislation 
 
This is to advise on the current work regarding bringing the nati onal foreign trade legislation in conformity with the rules an d principles of the WTO.  Table 1 
represents the foreign trade relate d laws adopted since August 2004. 
 
Table 1  
 
Name of Draft Law WTO Agreement Contents of Law Signed by President of the 
Republic of Kazakhstan 
On Technical Regulations  Agreem ent on Technical Barriers to 
Trade  
 The Law has been developed to ensure transition of the national 
technical regulation system of K azakhstan to the international 
technical regulation standards and to bring it into conformity with 
the TBT Agreement.  
The principle distinction of the Law comparing to the acting 
legislation is the introduction of technical regulations of mandatory nature and voluntary standards. 9 November 2004 
On Amendments and Addenda to 
the Law of the Republic of 
Kazakhstan "Environmental Protection" Regarding the Waste 
Production and Consumption Issues Agreement on the Application of 
Sanitary and Phytosanitary 
Measures   
General Agreement on Trade in 
Services The Law has been developed to regulate relations arising in the 
process of waste production and consumption in order to prevent, 
reduce and liquidate their harmful impact on the environment, protect health of the population, and regulate use of wastes in 
economic activities as additional sources of raw materials. 9 December 2004 
On Amendments and Addenda to 
the Certain Legislative Acts of the 
Republic of Kazakhstan on Taxation 
Issues General Agreement on Trade in 
Services  
General Agreement on Trade  and 
Tariffs  The Law provides a greater range of investment tax incentives, 
introduction of the norm stimulating domestic enterprises to 
manufacture high value added goods and implementation of 
quality and environment management systems, which meet the international standards. 
 
In order to stimulate the renewal of updated fixed capital, a new 
method of calculation of depreciation charges and counting repair 
expenses of fixed capital against deductions will be introduced by the Draft Law. 13 December 2004 
On International Commercial 
Arbitration General Agreement on Trade in 
Services The Law has been developed to regulate the institutional and legal 
aspects of the work of international arbitrage, determine the 
procedures and conditions required for recognition/admission and execution of decisions made by the international arbitrage in the 
territory of Kazakhstan. 28 December 2004  
  WT/ACC/KAZ/58
 Page 3Name of Draft Law WTO Agreement Contents of Law Signed by President of the 
Republic of Kazakhstan 
On Amendments to the Law of the 
Republic of Kazakhstan "On Licensing"  General Agreement on Trade in 
Services   
General Agreement on Tariffs and 
Trade  
Agreement on Import 
Licensing Procedures The Law aims to simplify permission procedures and further 
improve licensing system.  The Law also envisages inclusion of certain types of activities related to environmental protection and 
use of natural resources into the list of activities/services subject 
for licensing.  15 April 2005 
On changes and amendments into 
the legislation of the Republic 
Kazakhstan on separation of 
authorities between the levels of state governance and budget 
relations Agreement on the Application of 
Sanitary and Phytosanitary 
Measures The Law provides for: applicati on of additional procedures to 
prevent the coming in and spread of animal diseases and 
quarantined objects in the territory of  Kazakhstan; permission for 
interested countries to impose measures ensuring a higher level of sanitary and phytosanitary protection than the international 
standards, taking into account the risk assessment. 20 December 2004 
 
  
 WT/ACC/KAZ/58 
Page 4 2.  Plan of Draft Laws for 2005 
 
This is the list of Draft Laws that have  been elaborated by governmental bodies of the Republic of Kazakhstan and planned to be  adopted this year with brief 
content provided in Table 2.  
Table 2
 
 
Name of Draft Law WTO Agreement Contents of Draft Law Date of Introduction of Draft Law 
to the Parliament of the Republic 
of Kazakhstan 
On Competition and Restriction of 
Monopolistic Activity (new revision) General Agreement on 
Trade in Services 
  
General Agreement on 
Tariffs and Trade The Draft Law has been developed to establish the criteria for 
definition of market subjects (groups of persons), occupying a 
dominating (exclusive) position in the certain commodity market.   
The Draft Law also prohibits and invalidates anticompetitive actions 
of market subjects, occupying a dominating (exclusive) position in the certain commodity market, which have or could have led to 
restriction of competition and abuse of their dominating position. Introduced to the Parliament on 
29 April 2004 
On Culture  General Agreement on 
Trade in Services The Draft Law represents the ne w revision of the Law of the 
Republic of Kazakhstan "On Culture".  The Draft Law provides for the legal, economic, social and institutional base for the national 
regulation of public relations aris ing in the sphere of creation, 
resurgence, preservation, development, use and distribution of culture in the Republic of Kazakhstan. Introduced to the Parliament on 
24 June 2004 
On Amendments to Some Legislative 
Acts of the Republic of Kazakhstan 
With Respect to Investments  Agreement on Trade-
related Investment 
Measures The Draft Law has been developed to enhance transparency and 
establish clear procedures for provis ion of investment preferences to 
firms, performing investment activities.  The draft Law is also aimed at creation of more favourable i nvestment climate in the country. 
 
The norms, establishing the order and procedures to monitor 
investors' performance of their contract obligations will be added 
into the draft Law. Introduced to the Parliament on 
28 June 2004  
  WT/ACC/KAZ/58
 Page 5Name of Draft Law WTO Agreement Contents of Draft Law Date of Introduction of Draft Law 
to the Parliament of the Republic 
of Kazakhstan 
On Currency Regulation and Currency Control  General Agreement on 
Trade and Tariffs  
 
General Agreement on Trade in Services The Draft Law has been developed to ensure transition to the 
international principles of currency transactions and regulation of 
capital flows, creation of an effectiv e legislative base for a stage-by-
stage transition to the principles of full convertibility of the national 
currency.  
 
The Draft Law aims to liberalize the transaction regulation regime 
that provides for a postpone in execution of exportation-importation 
contractual liabilities by non-residents. Since 1st January of 2005, 
for instance, it is planned to el iminate licensing of currency 
transactions depending on the terms stipulated in foreign trade 
contacts. Introduced to the Parliament on 
30 September 2004  
On Amendments to the Customs Code of the Republic of Kazakhstan  General Agreement on 
Trade and Tariffs The Draft Law has been developed with the purpose of bringing the 
Customs Code of the Republic of Kazakhstan in conformity with the 
key provisions of the taxation le gislation of Kazakhstan, the 
International convention on simplification and harmonization of 
customs procedures (Kyoto Convention), and the relevant WTO 
Agreements. 
 The Draft Law foresees simplifica tion of the customs procedures, 
creation of favourable conditions fo r participants of foreign trade 
activities, improvement of customs administration with regard to movement of goods and vehicles through the customs border of the 
Republic of Kazakhstan and other customs procedures. Introduced to the Parliament on 
20 October 2004 
On Amendments and Addenda to the Law of the Republic of Kazakhstan " On Measures for the Protection of 
Domestic Markets in the Process of 
Imports of Goods" Agreement on Protective 
Measures The Draft Law provid es for amendments and addenda to the 
definitions framework, to enhance the procedure on notification of the parties involved in a dispute preceding introduction of protective 
measures, the use of confidential in formation, provision of evidence 
to the authorized body by the par ties involved in a hearing/trial, 
conditions of determination and application of protective measures 
in the form of duties and quotas for importation of goods, defining 
the procedure on transfer of money obtained from the application of temporary protective measures to the customs body deposit. Introduced to the Parliament on 
22 October 2004 
On Amendments to Some Legislative 
Acts of the Republic of Kazakhstan 
with Respect to Intellectual Property Rights Agreement on Trade 
Related Intellectual 
Property Rights The Draft Law has been developed pursuing the recommendations of 
the World Alliance On Intellectual Property Protection (WIPO) to 
enhance the criminal and administrative legislation of Kazakhstan by strengthening of responsibility measures (punishments) for 
infringements of intellectual property rights. Introduced to the Parliament on 
28 October 2004   
 WT/ACC/KAZ/58 
Page 6 Name of Draft Law WTO Agreement Contents of Draft Law Date of Introduction of Draft Law 
to the Parliament of the Republic 
of Kazakhstan 
The Draft Labour Code of the Republic of Kazakhstan  General Agreement on 
Trade in Services The Draft Law has been developed to create the legal base required 
for balancing the interests of all parties to labour relations,  
protection of labour and social rights of employees with due 
consideration of employers intere sts and  determination of state 
control mechanisms over the application of those rights. Introduced to the Parliament on 
30 December 2004  
On Amendments and Addenda to 
Certain Legal Acts of the Republic of 
Kazakhstan on Subsidies, Countervailing and Anti-dumping 
Measures Agreement on 
Application of Article VI 
of the General Agreement on Tariffs and Trade, 
1994 
 Agreement on Subsidies 
and Countervailing 
Measures  The Draft Law provides for addenda to the Law of the Republic of 
Kazakhstan "On Subsidies and Co untervailing Measures" on the 
procedure on information enquiry, opportunity of consultations to settle disputes without trials and application of countervailing 
measures. 
 The Law of the Republic of  Kazakhstan "On Anti-dumping 
Measures" also makes amendments to the definitions framework, 
consideration of requests to check  facts of damping and material 
damage or threat of material damage, notification and examination 
of the necessary information by  persons involved, terms of 
anti-dumping trials, introduction of temporary anti-dumping 
measures, minimal amount of damping difference. Introduced to the Parliament on 
4 April 2005 
On Amendments to Some Legislative 
Acts with Respect to Auditing  Activity General Agreement on 
Trade in Services  The Draft Law has been developed to facilitate development of 
auditing business in the Republic of Kazakhstan, improve the investment climate in the country and determine the responsibility 
and accountability of auditors and auditing firms. The Draft Law is 
also aimed at bringing auditing activity into conformity with the international standards of audit. Introduced to the Parliament on 
26 April 2005 
On Amendments and Addenda to the 
Law of the Republic of Kazakhstan 
"On Sanitary-and-Epidemiological Welfare" Agreement on the 
Application of Sanitary 
and Phytosanitary Measures  
 The Draft Law has been developed to bring legal norms in the sphere 
of sanitary and epidemiological welfare regulation of Kazakhstan 
into conformity with the requirements of the SPS Agreement. In particular, the Draft Law stipulates  provisions on harmonization with 
international norms and rules, equivalence, non-discrimination 
principles, risk assessment methods, etc. Will be introduced to the 
Parliament in October 2005 
On Licensing (new re vision) Agreement on 
Importation Licensing 
Procedures The Draft Law provides for the furt her improvement of the licensing 
system by introducing into practice the "single point" principle, 
ensuring the availability and transparency of the licensing procedure. 
The Draft Law introduces the definitions of "automatic" and "non-automatic" licensing in accorda nce with the Agreement on 
importation licensing procedures. Will be introduced to the 
Parliament in December 2005 
 
 
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