RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/SPEC/KAZ/9/Rev.1 
29 September 2006 
 (06-4685) 
Working Party on the 
Accession of Kazakhstan  
 
 
 
DRAFT REPORT OF THE WORKING PARTY ON THE  
ACCESSION OF KAZAKHSTAN  
TO THE WORLD TRADE ORGANIZATION 
Revision  
  
  WT/ACC/SPEC/KAZ/9/Rev.1 
 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.............................................................................................................. ....11  
- State Ownership and Privatization .......................................................................................16  
- Pricing Policies ............................................................................................................... .........24  
- Competition Policy............................................................................................................. .....34  
III. FRAMEWORK FOR MAKING AN D ENFORCING POLICIES ....................................36  
IV. POLICIES AFFECTING TRADE IN GOODS ...................................................................40  
- Trading Rights ................................................................................................................. .......40  
A. IMPORT REGULATIONS....................................................................................................46  
- Ordinary cust oms duties ........................................................................................................ 46 
- Other duties and charges....................................................................................................... .47 
- Tariff rate quotas, tariff exemptions.....................................................................................48  
- Fees and charges for services rendered.................................................................................49  
- Application of internal taxes to imports ...............................................................................50  
- Quantitative import restrictions, includi ng prohibitions, quotas and licensing 
systems ........................................................................................................................ .............53  
- Customs valuation.............................................................................................................. .....56  
- Rules of origin ................................................................................................................ .........59  
- Other customs formalities ...................................................................................................... 61 
- Preshipment inspection ......................................................................................................... .63 
- Anti-dumping, countervailing duty and safeguard regimes ...............................................64  
B. EXPORT REGULATIONS ...................................................................................................66  
- Customs tariffs, fees and charges for serv ices rendered, application of internal 
taxes to exports............................................................................................................... .........66  
- Export rest rictions ............................................................................................................ ......70  
- Export subsidies ............................................................................................................... .......71  
C. INTERNAL POLICIES A FFECTING FOREIGN TRADE IN GOODS .........................73  
- Industrial policy, including subsidies....................................................................................73  
- Technical barriers to trade, standards and certification.....................................................78  
- Sanitary and phytosanitary measures...................................................................................83  WT/ACC/SPEC/KAZ/9/Rev.1 
Page ii  
 
  -
 Trade-related investment measures ......................................................................................91  
- State-trading entities......................................................................................................... ......94  
- Free zones, special economic areas........................................................................................96  
- Government procurement......................................................................................................98  
- Transit........................................................................................................................ ..............99  
- Government-mandated counter-trade and barter.............................................................101  
- Agricultural policies.......................................................................................................... ....102  
- Trade in ci vil aircraft........................................................................................................ ....105  
V. TRADE-RELATED INTELLECTUAL  PROPERTY REGIME.....................................106  
- GENERAL........................................................................................................................ .....106  
- Industrial property protection.............................................................................................106  
- Responsible agencies for policy formulation and implementation ...................................107  
- Participation in international intellectual property agreements ......................................107  
- Application of national and MFN treatment to foreign nationals....................................108  
- SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING 
PROCEDURES FOR THE ACQUISITION AND MAINTENANCE OF 
INTELLECTUAL PROPERTY RIGHTS .........................................................................109  
- Copyright and related rights................................................................................................109  
- Trademarks, including  service marks.................................................................................110  
- Geographical indications, including appellations of origin...............................................112  
- Industrial designs............................................................................................................. .....114  
- Patents........................................................................................................................ ............114  
- Plant variety protection....................................................................................................... .118 
- Layout designs of integrated circuits ..................................................................................118  
- Requirements on undisclosed information, including trade secrets and test data..........118  
- MEASURES TO CONTROL ABUSE OF INTELLECTUAL PROPERTY 
RIGHTS......................................................................................................................... ........119  
- ENFORCEMENT.................................................................................................................121  
- Civil judicial procedures and remedies...............................................................................121  
- Provisional measures ........................................................................................................... .123 
- Administrative procedures and remedies...........................................................................123  
- Special border measures.......................................................................................................1 25 
- Criminal procedures............................................................................................................ .125 
VI. POLICIES AFFECTING TRADE IN SERVICES............................................................127  
VII. TRANSPARENCY ...............................................................................................................130  
- Publication of information on trade....................................................................................130  
- Notifications.................................................................................................................. .........131   WT/ACC/SPEC/KAZ/9/Rev.1 
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  VIII.  TRADE AGREEMENTS .....................................................................................................131  
CONCLUSIONS .................................................................................................................... ............133  
APPENDIX....................................................................................................................... ..................134  
ANNEX 1 ........................................................................................................................ ....................138  
ANNEX 2 ........................................................................................................................ ....................147  
ANNEX 3 ........................................................................................................................ ....................155  
ANNEX 4 ........................................................................................................................ ....................163  
ANNEX 5 ........................................................................................................................ ....................169  
ANNEX 6 ........................................................................................................................ ....................170  
ANNEX 7 ........................................................................................................................ ....................172  
ANNEX 8 ........................................................................................................................ ....................173  
ANNEX 9 ........................................................................................................................ ....................217  
ANNEX 10 ....................................................................................................................... ...................243  
ANNEX 11 ....................................................................................................................... ...................247  
ANNEX 12 ....................................................................................................................... ...................250  
ANNEX 13 ....................................................................................................................... ...................251  
ANNEX 14 ....................................................................................................................... ...................276  
ANNEX 15 ....................................................................................................................... ...................279  
ANNEX 16 ....................................................................................................................... ...................280  
 
  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 1 
 
 
  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 XII 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 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,  and ....), and other information provided 
by the authorities of the Republic of K azakhstan (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/ACC/KAZ/32, WT/ACC/KAZ/32/Rev.1, WT/ACC/KAZ/32/Rev.2, 
WT/ACC/KAZ/34, WT/ACC/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.1 
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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 ma intain price stability.  To accomplish this, the 
NBK focused on (i) formulating and implementing a national monetary policy; (ii) maintaining an 
efficiently functioning payments system; (iii) pr oviding foreign exchange re gulation and control; and 
(iv) maintaining a stable financial system.  Ka zakhstan had a two-tier banking 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, however, the National Bank intervened to  prevent exchange rate fluctuations caused by 
speculative surges.  Since 1998, the National Bank did not finance 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 8.5 per cent.  The minimum re serve requirement was calculated as a percentage 
of the banks' total standby commitment (foreign liabilities 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 impossible to slow down inflationary 
pressures by indirect methods of monetary regulation, the NBK had the right to introduce direct 
quantitative restrictions for certain operations.  Ho wever, since introduction of the national currency 
in 1993, the National Bank had not applied maximum interest rates on trans actions and since 1995 no 
restrictions on the volume of credit existed.  WT/ACC/SPEC/KAZ/9/Rev.1 
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  6. She noted that in view of the transition to Eu ropean Union standards, the NBK had shifted its 
policy from exchange rate targeting to inflation targeting.  In this context, the National Bank 
monitored "core inflation" dynamics (reflecting main inflationary pressures) for analytical purposes.  
The National Bank also continued its efforts in de veloping 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 2007-2008 was to maintain an annual average inflation rate 
within the range of 5-7 per cent.   
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 residents,  would be a major goal fo r her Government.  To 
control risk related to currency operations, Kaza khstan intended to deve lop efficient prudential 
regulation and risk management tools used by ba nks, pension funds and insurance companies.  
8. Concerning requests for information on Kazakhstan's tax system, the representative of 
Kazakhstan pointed to the 2001 Tax Code.  The centr al objectives 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 redu cing the overall tax burden.  Accordingly, as of 
1 January 2004, the Government had ef fectively reduced the rate of individual 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 2004): corpor ate income tax (30 per cent), social tax (20 per 
cent to 7 per cent, according to a regressive scale), individual income tax (5 per cent to 20 per cent, 
according to a progressive scale), property tax (1 per cen t), land tax, transport ta x, and value added tax 
(15 per cent) .   
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, branches and representative offices), as well as 
individual entrepreneurs.  According to a regressi ve scale, as an employee's income increased, lower 
incremental rates would apply for given threshold le vels of income.  Thus, the social tax rate for WT/ACC/SPEC/KAZ/9/Rev.1 
Page 4  
 
  residents varied from 20 per cent to 7 per cent, while  the social tax rate for non-residents varied from 
11 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 
subsurface users (taxpayers involved in mineral exploration and extraction activities) according to 
either of two tax regimes:  (i) Model 1 – licen sing – was based on the provisions of the existing 
legislation and did not assume contract stability.  In this model, the subsurface user was subject to 
specific taxes such as rent tax on the export of crude oil and gas condensate, excess profits tax, royalties and bonuses, as well as all taxes and obligator y payments stipulated in the Tax Code.  The 
rent tax applied to juridical and na tural persons engaged in the export of crude oil and gas condensate.  
It was calculated based on the value of exported crude oil/gas condensate, which was set on the basis 
market price of the actual volume exported (whi ch depended on the quality of crude oil/gas 
condensate), less transportation costs.  Pursuant to Article 304-2 of the Tax Code, the market price for 
exported crude oil was determined by adding up the average weighted prices prevailing on world 
markets for similar sorts of crude oil during the repo rted period (daily).  Rent tax rates applied on a 
sliding scale that varied with the world market pr ice for crude oil – from 1 per cent for a price of 
US$19 per barrel, to 33 per cent for prices exceedin g US$40 per barrel; or (ii) Model 2 - Production 
Sharing Agreements (PSA) – proposed a regime in which the subsurface user was bound by the tax 
conditions stipulated in the PSA in  accordance with the provisions of the tax legislation applicable on 
the date the contract was signed.  Under this mode l, the conditions of the PSA were fixed and could 
not be changed with subsequent changes in legisla tion without the prior agreement of both parties.  
She confirmed that companies extracting oil, gas and other minerals were subject to the corporate tax 
rate of 30 per cent (see also section on "Export Regulation"). 
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 2004 represented 
23.5 per cent of GDP (27.7 per cent higher than in 2003).  Total expenditures for 2004 amounted to 
23.9 per cent of GDP, resulting in a 0.3 per cen t budget deficit.  Tax revenue accounted for 
90.9 per cent of total budget revenue in 2004 with co rporate income tax (29.3 per cent), value added 
tax (18.6 per cent) and social tax (12.9 per cent) representing the main revenue sources.  Taxes levied 
on international trade – including customs duties, cu stoms 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) – accounted for 3.9 per cen t of overall tax revenue.  Main expenditures in 
2004 were directed towards social assistance (4.9 pe r cent of GDP in 2004), education (3.5 per cent)  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 5 
 
 
  and healthcare (2.4 per cent).  The budget deficit in 2005 was expected to remain below 1.7 per cent 
of GDP. 
12. She further noted that Budgetary Code No. 548 of  24 April 2004, which entered into force on 
1 January 2005 (replacing Law No. 357 "On Budgetary 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 aimed 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 2005-2007 would allow the government to pursue budge tary policies consistent with its social and 
economic development plan.  Priority sectors for the allocation of budgetary resources would include 
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. 
- 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  were governed by Law No. 57-III "On Currency 
Regulating and Currency Control" of 13 June  2005 and the "Rules on Currency Transactions" 
approved by Resolution No. 134 of the Board of th e National Bank of 29 October 2005 (in force as of 
18 December 2005).   
14. Asked about fees or restrictions associated with the acquisition of foreign currency, the 
representative of Kazakhstan replied that under existi ng legislation the acquisition (sale, exchange) of 
foreign currency was conducted only through authorized banks, aut horized institutions or their 
exchange offices.  Resident and non-resident natural persons, as well as non-resident juridical 
persons, could purchase foreign currency on the domes tic currency market with no restrictions.  
Resident juridical persons could purchase foreign cu rrency solely in exchange for national currency 
on the domestic currency market only for payments and money transfers to (i) non-residents; or 
(ii) residents, in cases stipulated by the Law "O n Currency Regulation and Control".  She emphasized 
that there were no fees and restrictions associat ed with the acquisition of foreign currency in 
Kazakhstan.  She held the view that the existing legislative framework was not trade restrictive for 
legally established trade-related transactions.  She stressed however, that from 1 January 2007, WT/ACC/SPEC/KAZ/9/Rev.1 
Page 6  
 
  limitations that applied to resident juridical pers ons with regard to the purchase of foreign currency 
would be eliminated.   
15. Resident and non-resident natura l persons could export/import na tional or foreign currency in 
cash equivalent to US$3,000 with no  restrictions.  A mandatory declar ation had to be filed with the 
customs authority for the import/export of cash sums  exceeding the equivalent of US$3,000.  For cash 
sums exceeding the equivalent of US$10,000, natu ral persons had to submit to the customs authorities 
proof of the legal origin of the amount of currency that exceeded the limit (i.e. customs 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 carried out without any restrictions.  Resident and non-
resident natural persons were treated equally with  respect to the export of foreign currency.  The 
regime described in this pa ragraph had been in operation since 18 December 2005.     
16. Payments and money transfers for transactions between residents and non-residents could be 
conducted in any currency the parties had agreed upon, through authorized banks, and accompanied 
by required documents.  
17. 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 Article 32 of this  Law, a restriction 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 permission regime w ould only be applied while a threat existed.  The 
President, jointly with the Government and the Na tional Bank, had the authority to introduce this 
regime and define its terms, in particular the lis t of financial transactions concerned.  The special 
permission would be issued by the National Bank wi th respect to financial transactions which would 
prevent a threat to human life and health, ensure national security, fulfil international obligations, or 
which could significantly improve the balance of payments and the domestic currency market.  She 
held the view that this system was in complian ce 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 then, no restrictions had been imposed.  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 7 
 
 
  18. Concerning payments and money transfers for capital account transactions, she said that until 
1 January 2007 currency transactions from resident s to non-residents had to be licensed by the 
National Bank; thereafter, licensing would only be required for activities with currency valuables – 
retail and rendering services for foreign currency in  cash, as well as for foreign exchange transactions 
in cash.  Until 1 January 2007, a Single Licence w ould be issued to residents for capital account 
transactions related to export/impor t operations involving (i) advan ce payments for imports for a 
period exceeding 180 days; (ii) receipt of export ear nings beyond 180 days of the date of actual 
export; and (iii) receipt of export earnings after more  than 365 days of the date of actual export (for 
goods included in a Schedule approved by the Government).  The Single Licence would also be required for (i) the purchase of securities by reside nts from non-residents; (ii) the purchase of shares 
by residents of non-resident investment funds; (iii) allocation of contributions by residents to ensure 
participation in the authorized capital of non-r esidents; and (iv) operati ons involving derivatives 
between residents and non-residents.  An Operationa l Licence would be issued to residents wishing to 
open accounts abroad.  Obtaining an Operationa l Licence would not be required for (i) banks; 
(ii) resident natural persons wishing to open account s in banks located in OECD member-states or in 
member-states of the Group on Development of  Financial Measures Against Money Laundering 
(subject to notification); (iii) resident natural pers ons wishing to open accounts in foreign banks while 
staying abroad; (iv) resident financial organiza tions wishing to open accounts in foreign banks to 
make transactions with financial instruments on inte rnational equity markets (subject to notification); 
(v) resident juridical persons wishing to open acc ounts in foreign banks for the purpose of financing 
costs related to the branches and representative offi ces of the juridical person (subject to registration); 
(vi) resident juridical persons wishing to open acc ounts in foreign banks to allocate funds for charter 
capital participation when required to do so by th e legislation of the foreign state (subject to 
notification); (vii) resident juridical persons wish ing to open accounts in foreign banks to allocate 
funds in order to secure their liabilities to non-resi dents on loans extended by non-residents (subject to 
notification).  In conclusion, she reiterated that from 1 January 2007, licensing would only be required 
for activities with currency valuables – retail and rendering services for foreign currency in cash, as 
well as for foreign exchange transactions in cash.   
19. In addition, pursuant to existing legislation, residents were required to register with the 
National Bank for capital account transactions resu lting in receipts exceeding the equivalent of 
US$300,000.  These transactions in cluded (i) crediting by non-residents of import and export 
operations for more than 180 days, except for co mmercial loans with transaction IDs formally 
registered for the entire amount of the agreemen t, which were not subject to registration; 
(ii) borrowing loans from non-residents for more than 180 days, including financial leasing; (iii) direct 
and portfolio investment of non-residents into Kaza khstan, including residents' initial public offerings WT/ACC/SPEC/KAZ/9/Rev.1 
Page 8  
 
  and issuing of depositary receipts for securities; (iv)  transfers of non-residents to residents as payment 
for a complete transfer of exclusive rights to intell ectual property; and (v) transfers of non-residents to 
residents as payment for economic rights on real estate, except for propert y equated to immovable 
goods, such as air and sea vessels.  In addition, reside nts needed to register for (i) investments abroad; 
(ii) transfers of residents to non-residents as paym ent for a complete transfer of exclusive rights to 
intellectual property; (iii) transfers of residents to non-residents as payment for economic rights on 
real estate; and (iv) opening accounts in foreign ba nks by resident juridical persons for financing 
expenditures related to the support of branches and representative offices.  She added that a 
registration certificate was issued by the National Bank after a notification was made by the resident on a specific capital account transaction within 30 days  of the date of contract enforcement.  To 
register, the resident needed to submit a standa rd application form, a contract for the currency 
transaction, as well as identification documents.   The National Bank could refuse registration only 
when contracts were deemed invalid, pursuant to the provisions of the Civil Code, rather than on grounds of the economic viability of the transa ction.  The National Bank charged no fees for 
registration and the certificate was issued within ten business days of the date of receipt of the 
application package.  In addition, a notificati on regime had been introduced since December 2005, 
according to which residents (or the Kazakh bank invol ved in the transaction) were required to submit 
a notification to the National Bank once the transaction was completed. 
20. Asked whether the licensing procedure was automatic, the representative of Kazakhstan 
stated that restrictions were purely procedural and that under the existing licensing procedures the 
regulator could not refuse an application on grounds  of the economic viability of the operation or the 
financial capacity of the resident.  To apply for a licence, a resident was required to submit 
(i) a standard application form; (ii) documents providing all relevant information on the currency 
transaction and/or proof that the applicant met th e requirements for currency valuables operations; and 
(iii) a proof of payment of the licensing fee in th e amount of ten Monthly Calculation Indices (MCIs –
1 MCI equivalent to KZT 971 in 2005).  When the National Bank approved the submitted documents 
and the operation was deemed consistent with the re quirements of the relevant legislation, the licence 
was issued within one month of the date of rece ipt of the last required document.  Under existing 
rules, authorized banks were not allowed to carry  out currency transactions of residents without a 
licence.  No deposit requirements we re necessary to obtain a licence. 
21. 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 by 2007.   In response, the representative of Kazakhstan said  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 9 
 
 
  that Law No. 57-III "On Currency Regulating a nd Currency Control" of 13 June 2005 had 
implemented the Currency Regime Liberalization C oncept by reducing the list of capital account 
transactions subject to licensing and by rem oving requirements on capital account transaction 
licensing as of 1 January 2007.  In addition, as of 1 January 2007 (i) residents would be required to 
transfer the export proceeds or import prepayment to a Kazakh bank within the timeframe stipulated 
in the foreign trade contract, rath er than within a 180 day mandatory period; and (ii) the registration 
requirements for certain currency transactions woul d be replaced by a notification regime, under 
which residents (or the Kazakh bank involved in th e transaction) would submit a notification to the 
National Bank once the transaction was completed.   
22. Asked specifically about the regulations govern ing the sale or purchase of foreign currency 
related to direct investments by non-residents, th e representative of Kazakhstan said that non-residents 
were subject to no restrictions on the purchase of foreign currency through authorized banks and 
exchange offices.  For statistical purposes, non-reside nts had to register direct investments made in 
Kazakhstan while residents had to register direct investments made abroad (Article 21 of Law No. 57-
III "On Currency Regulating and Currency Control" of 13 June 2005).  For investments in Kazakh 
enterprises exceeding US$300,000, registration with the National Bank was required.  However, she 
stressed that this registration was not a "permission requirement".  To register (or re-register) a currency agreement, the resident (natural or juridi cal person) party to the agreement would have to 
apply to a branch of the National Bank located at his place of permanent residence.  A registration 
certificate would be issued (or refused) within te n working days.  The certificate was valid until the 
complete discharge of liabilities by the parties to  the agreement.  Non-residents making direct 
investments into Kazakh enterprises and meeting the relevant registration requirements could export 
their investments and the proceeds from th ese investments with no restrictions.  
23. Some members of the Working Party asked th e representative of Kazakhstan to clarify the 
term "resident" for the purposes of seeking a licence from, and registering with, the National Bank.  In 
response, the representative of Kazakhstan said that  according to Article 1 of the Law "On Currency 
Regulating and Currency Control", "residents" were defined as (i) citizens of Kazakhstan, including 
persons temporarily living abroad or persons em ployed as Kazakh officials abroad, but excluding 
those permanently resident abroad; (ii) foreigners th at were permanently resident in Kazakhstan; (iii) 
Kazakh juridical persons, establis hed under Kazakh legislation and lo cated in Kazakhstan, as well as 
their branches and representative o ffices located in either Kazakhstan or abroad; and (iv) diplomatic, 
trade and other official representatives of Kazakhstan abroad.   Accordingly, "non-residents" were 
defined as all natural and juridical persons not designated as "residents".  Branches and 
representatives of foreign juridical persons, working on the territory of Kazakhstan, were considered WT/ACC/SPEC/KAZ/9/Rev.1 
Page 10  
 
  as non-resident.  She noted that licensing and regi stration requirements applied only to residents 
involved in a transaction (and not to non-residents). 
24. 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. 
25. Some members of the Working Party asked 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 a pproved.  The representativ e of Kazakhstan replied 
that operations with foreign currency, including thos e on behalf of clients, were performed by second 
tier banks and other financial ins titutions licensed by the Agency for Regulation and Supervision of 
the Financial Market and Financia l Organizations, established to exercise regulatory and supervisory 
functions in relation to financial market institu tions 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 foreign exchange were issued by the National Bank to juridical persons solely 
involved in foreign exchange (exchange points), as well as to the OJSC "Kazpochta".  Any Kazakh 
juridical person could set up an exchange bureau by establishing a subsidiary solely involved in 
foreign exchange.  A foreign natural person or fore ign 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 of 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 of Kaza khstan.  The representative of Kazakhstan noted that 
a firm could engage in barter  import/export of goods, without d ealing in foreign exchange.   
26. 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 code to the 
foreign trade contract.  This code provided inform ation on the principle terms of the contract and 
allowed to verify the consistency of the trade ope ration with related currency flows.  The transaction 
passport requirement would remain in force af ter 2007.  However, at present, registration 
requirements were not applied to transactions regi stered with passports.  In addition, licensing  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 11 
 
 
  requirements in relation to currency control would be  abolished in respect to transactions registered 
with passports, thus eliminating any duplication or  additional burden on trade.  The procedures for 
obtaining a transaction passport would be simplified significantly, by reducing the number of required 
approvals and eliminating a number of requirements for additional information.  
- Investment Regime 
27. The representative of Kazakhstan stated that  her country had developed a sound legal 
environment which had helped the country attract some US$34.2 billion in foreign direct investment 
for the period 1993-2004.  In June 2006, Standard and Poor's had confirmed Kazakhstan's foreign 
currency sovereign credit rating at " ВВВ -", 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" cred it rating from all three leading international credit 
rating agencies.   
28. She noted that important legislation implementi ng international norms and 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. 
29. She noted that the legal basis governing Kazakhs tan's investment policy was provided by the 
Law "On Investments" of 8 January 2003, wh ich 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. 48 "On 
Amendments and Addenda to Legislative Acts of the Republic of Kazakhstan on Investment Issues" 
of 4 May 2005 and Law No. 11-III  "On Amendments a nd Addenda to Legislative Acts of the 
Republic of Kazakhstan on Taxation" of 13 Dece mber 2004.  The Law "On Investments" defined 
investment as all kinds of property (except for g oods destined for personal consumption), including 
leased objects as of the date of the lease agreement, investments in the charter (registered) capital of 
juridical persons, or contributions to fixed assets us ed in entrepreneurial activities.  Legal protection 
of investments included full and unconditional prot ection of the rights of investors; guarantee of 
indemnity for damages suffered by investors as a result of issuance of norms non-compliant with 
Kazakh legislation and unlawful commissions or om issions of public officials; guarantee of the 
stability of terms and conditions of agreements concluded between investors and respective state WT/ACC/SPEC/KAZ/9/Rev.1 
Page 12  
 
  agencies; guarantee of investors' use of income at  their full discretion; guarantee of protection of 
investors' rights in case of nationalization and ex propriation; and investment dispute settlement 
regulations, including the possibility of internat ional arbitration.  Monitoring procedures for 
implementation of investment proj ects and adherence to reporting requi rements by investors had also 
been introduced. 
30. She further noted that the new mechanism for providing state support for investments offered 
a number of considerable advantages.  The Law "On Investments" adhered to the principles of 
national treatment and non-discrimination and creat ed a level playing field for both domestic and 
foreign investments; in particular, access to preferences was open to both domestic and foreign investors.  In addition, the Law simplified th e procedure for granting preferences, reducing 
significantly the maximum length of time allowed fo r processing of applications (30 business days).  
The Law "On Investments" did not set minimum ca pital requirements for foreign investment, thus 
expanding its sphere of applicati on to small and medium-sized enterprises.  Investment incentives 
were granted provided that (i) the investment activit y was included in the List of priority sectors; 
(ii) an investment was made towards the acquisition of fixed assets for setting up new or 
expanding/upgrading existing productio n facilities; and (iii) the application contained sufficient proof 
of the domestic juridical person's financial, tec hnical and organizational capability to undertake the 
project. 
31. 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 and No. 1267 of 
21 December 2005.  The list included 237 types of  activities.  Conditions and requirements for 
receiving tax preferences were described in Article 15 of the Law "On Investments".  The list of priority investment activities is provided in Annex 2. 
32. The authorized state agency in charge of investments was the Investments Committee under 
the Ministry of Industry and Trade.  Decisions  concerning investment preferences and possible 
extensions to their terms were taken by the au thorized state agency – the agency could grant 
investment tax preferences, customs duties exemptions  for imported goods, and in-kind state grants.   
33. Investment tax preferences could take the form of corporate income tax preferences, property 
tax preferences, land tax preferences and VAT exem ptions.  Corporate income tax preferences entitled 
the taxpayer to a full tax exemption or to a gra dual deduction from aggregate 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 th e preferential treatment, but  for no more than five  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 13 
 
 
  years.  The 30 per cent corporate income tax w as assessed on the basis of the taxable income of 
taxpayers (juridical persons), as adjusted, less losse s incurred.  In addition, an exemption from the 
payment of corporate income tax applied to ne wly established taxpayers which were exclusively 
involved in investment projects establishing new types of manufacturing.  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 exempt ed the taxpayer from the payment of property tax 
on the fixed assets newly commissioned under the r espective investment project.  These preferences 
were aimed at developing new, as well as expandi ng and modernizing exis ting 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 gran ted 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 we re subdivided into three categories – agricultural lands, populated 
lands and industrial lands.  Rates were set according to area size, soil quality and yield class.  Juridical 
persons operating under a special ta x regime within the framework of subsurface use contracts, as 
well as those that had received fixed assets in the fo rm of in-kind state grants, were not entitled to any 
investment tax preferences.  As of 1 January 2006,  investors were exempted from the payment of 
VAT on the turnover of goods (services, works) so ld.  These VAT exemptions were granted to 
investors who benefited from VAT exemptions on im ports, pursuant to the terms of the investment 
contracts. 
34. 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. 
35. 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 
maximum amount not exceeding 30 per cent of the volume of investments made in the fixed assets of a given juridical person.   
36. 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 WT/ACC/SPEC/KAZ/9/Rev.1 
Page 14  
 
  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 65 of Law No. 242-II "On Architectural, To wn-Building and Construction Activities in the 
Republic of Kazakhstan" of 16 July 2001, the share of  foreign participation in the charter (registered) 
capital of architectural, urban development and c onstruction service joint ventures could not exceed 
49 per cent.  She noted, however, that her Govern ment was planning to eliminate the restriction on 
foreign participation in this sector and to allow the commercial presence of foreign service suppliers.  
Pursuant to Article 5 of Law No. 85-II "On Guardi ng Activities" of 19 October 2000, foreign juridical 
persons, domestic juridical persons  with foreign participation, as well as foreign and stateless 
individuals, could not engage in any kind of security and safety (guarding) activities.  However, a 
draft Law which would exclude consulting services on infringement protection from the coverage of 
the Law "On Guarding Activities" had been prepared.  Pursuant to Law No. 568 "On Communications" of 5 July 2004, foreign participation in the capital of companies providing long distance and/or international telecommunication services using fixed communication networks (cable, 
optical fibre, radio relay) was limited to 49 per cen t.  This limitation had been introduced to protect 
the national security interests of Kazakhstan pursu ant to the Law "On National Security"; such a 
limitation did not apply to operators of m obile, satellite and local communications.   
37. 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 Kazakh nationals.  However, she noted that 
the provisions of Law No. 107-III "On Amendments a nd Addenda to Legislative Acts of the Republic 
of Kazakhstan on Issues of Licensing and Consolidat ed Supervision" of 23 December 2005 and Law 
No. 128-III "On Amendments and Addenda to the Legisl ative Acts of the Republic of Kazakhstan on 
Insurance" of 20 February 2006 had eliminated simi lar restrictions on foreign participation affecting 
banks and insurance/reinsurance companies.       
38. 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  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 15 
 
 
  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.  
39. 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, Kaza khstan 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 pr oduct contained more than 50 per cent domestic 
components it was considered as wholly obtained in  Kazakhstan.  In turn , domestic goods benefited 
form VAT and import duty exemptions.  Curre ntly only JSC "AZIA-AUTO" benefited from 
exemptions under this regime until 2009 (see also s ection on "Trade-related investment measures"). 
40. 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 buildings  (structures, facilities) and their compounds, and 
lands intended for servicing buildings  (structures, facilities).  They could not, however, own lands 
intended for commercial agricultural production and fo restry, their rights to these lands being limited 
to a ten year temporary land lease.  The rights of other countries to the use of land in Kazakhstan were regulated by international agreements ratified by Kazakhstan.  The provisions of such agreements 
prevailed over domestic legislation.   
41. Some members of the Working Party asked whethe r there were any restrictions or conditions, 
which did not apply to domestic juridical persons, but were applicable to foreign-owned juridical 
persons of Kazakhstan investi ng in land or leasing subsurface rights.  The representative of 
Kazakhstan replied that there were no restrict ions which did not also apply equally to 
domestically-owned Kazakh juridical persons.  She a dded 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 Kazakhstan.  According to these amen dments, the Government of Kazakhstan had the 
priority to purchase the rights to subsurface utilization,  when sold by their current holder, on terms not 
less favourable than those proposed by other buyers.    WT/ACC/SPEC/KAZ/9/Rev.1 
Page 16  
 
  - State Ownership and Privatization 
42. 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, the Law "On Joint Stock Compan ies" of 13 May 2003, the Law "On Limited and 
Additional Liabilities Partnerships" of 22 April 1998 and the Civil Code. State property was 
privatized in accordance with the Law "On Priva tization", as well as other laws listed above.  The 
provisions of Law No. 124-III "On Private Entreprene urship" of 31 January 2006 guaranteed freedom 
of private entrepreneurship; inviolability and protec tion of private property; equal rights to private 
entrepreneurial activity; and participation of private entrepreneurs in the elaboration of the regulatory 
framework governing the development of the private sector. 
43. State enterprises in Kazakhstan were either na tional state enterprises (NSEs), established by 
the Government or the National Bank, or communal state enterprises (CSEs), established by local 
executive bodies (akimats).  She noted that in June  2006 there were 4,712 state enterprises, including 
350 NSEs and 4,362 CSEs.  The state owned shares in 369 joint-stock companies (JSCs) and limited 
liability partnerships (LLPs), including 171 co mpanies with Government participation and 
198 companies with the participation of local execu tive bodies.  Twelve of these JSCs had the status 
of national companies.  Ninety-two JSCs were 100 per cent state-owned; local executive bodies were 
majority holders in 123 companies.  In 2004, the relative share of state-owned and state-controlled 
enterprises in GDP, trade and industrial production was 10.4, 2.2 and 5.8 per cent respectively.  The 
national legislation did not prohibit private sector participation in sectors where state enterprises were 
present, except in the areas of state monopoly.  A list of state enterprises, by sphere of economic 
activity, is provided in Table 1.  The list of stat e enterprises and JSCs with a majority state-owned 
share engaged in international trade is provided in pa rt (a) of Annex 3; the list of the largest national 
companies is contained in part (b). 
Table 1: State enterprises by sphere of activity
 
No. Sphere of activity NSEs  CSEs Share (%) 
1 Education  1,347 
2 Science and Culture 126 
3 Tourism and Sport 13 
4 Infomedia  725 47 
5 Healthcare 35 1,272 27 
6 Municipal and housing capacity  556 11 
7 Transport and communication 10 33 1 
8 Environment protection 20 
9 Agriculture  33 1 
10 Architecture, town planning, construction  47 1 
11 Special security regime entities, real estate centres 64  1  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 17 
 
 
  No. Sphere of activity NSEs  CSEs Share (%) 
12 Land-use works 8  1 
13 Other industries 74 349 10 
Total  350 4,362 100 
 
44. With a view to defining a uniform legislativ e framework for state c ontrol and regulation of 
state monopolies, a draft Law "On State Monopoly" ha d been developed and submitted to Parliament.  
The draft Law defined the term "state monopoly"  as a type of activity where introduction of 
competition was inexpedient for reasons related to the protection of the constitutional order, national 
security, public order, human rights and freedoms, and the health of the population.  "A subject of 
state monopoly" was a state-owned enterprise entitled to an exclusive right to the provision of services (goods, works) in the sphere of state monopoly.  This draft Law would also establish a procedure for controlling the cost of services (goods, works) supplied by state monopolies.  The 
Agency on Regulation of Natural Monopolies was in charge of regulating and monitoring the 
activities of state monopolies.  The draft Law "On State Monopoly" (Article 4) qualified a number of activities as state monopolies.  These activities, includi ng the list of enterprises concerned, is provided 
in Table 2.     
Table 2: List of state monopolies in Kazakhstan
 
No. Spheres where entities of state monopoly hold 
monopoly position List of entities 
1 Forestry, connected with demarcation 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 of the Republic of Kazakhstan   
2 Security of objects subject to state secur ity  Government entities "Specialized Security 
Service" of the Ministry of Internal Affairs of the 
Republic of Kazakhstan   
3 Administration of the information system 
developed for the process of state procurement; NSE "Electronic Commerce Centre" of the 
Ministry of Finance of the Republic of Kazakhstan 
4 Phytosanitary monitoring of extremely dangerous 
organisms NSE  "Phytosanitary" of the Ministry of 
Agriculture of the Republic of Kazakhstan  
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 of the Republic of 
Kazakhstan 
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 of the Republic of Kazakhstan   WT/ACC/SPEC/KAZ/9/Rev.1 
Page 18  
 
  No. Spheres where entities of state monopoly hold 
monopoly position List of entities 
10 Protection of Trademarks, service marks, names 
of places of goods origin, inventions, useful 
models, industrial designs and selective 
achievements  NSE "National Institute of Intellectual Property" of 
the Ministry of Justice of the Republic of 
Kazakhstan  
11 Production of personal identity documents of the 
Republic of Kazakhstan NSE "Informational Production Centre" of the 
Committee of Registration Service under the 
Ministry of Justice of the Republic of Kazakhstan  
12 Conduct of State Hydrom eteorologic Monitoring 
and Monitoring of Environment Situation NSE "Kazgidromet" of the Ministry of 
Environment Protection of the Republic of 
Kazakhstan 
13 Pre-licensing survey of enterprises for the right 
of production of ethyl al cohol 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 of the Republic of 
Kazakhstan 
15 Collection, preservation, storage of blood and 
disposal of blood and its components NSE "National Blood Centre" of the Ministry of 
Healthcare of the Repu blic of Kazakhstan 
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 of the 
Republic of Kazakhstan  
 
45. She added that Presidential Decree No. 50 "On Measures Aimed at Further ensuring of State 
Interests in the Management of State Sector of the Economy" of 28 January 2006 had established the 
joint-stock company "Holding on Management of St ate-owned Assets of Kazakhstan 'Samruk'".  The 
main purpose of this holding company was to enha nce the role of national enterprises of strategic 
importance for the development of the national economy through improved corporate management.  
State-owned shares of JSCs "Kazakhtelekom",  "Kazpochta", "KEGOC" and "KazMunaiGaz" had 
been transferred to the registered capital of "Samruk" .  She further added that, in order to improve the 
corporate management of Kazakh development ins titutions, the JSC Sustainable Development Fund 
"Kazyna" had been established pursuant to Presi dential Decree No. 65 "On Measures on Further 
Enhancement of the Competitiveness of the Na tional Economy within the Framework of the 
Industrial-Innovative Development Policy of the Re public of Kazakhstan" of 16 March 2006.  State-
owned shares in JSCs "Development Bank of Kaza khstan", "Investment Company: Investment Fund 
of Kazakhstan", "National Innovation Fund", "Small Entrepreneurship Development Fund", "State 
Insurance Corporation on Export Credits and Inv estments Insurance", "Center for Marketing and 
Analytical Researches", and the "Kazakhstan Investment  Promotion Center" Ltd. had been transferred 
to the Sustainable Development Fund "Kazyna".  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 19 
 
 
  46. With regard to privatization, the representa tive of Kazakhstan said that the large-scale 
privatization campaign, as well as the improvement of the state property management system, 
constituted an important component of the transiti on to market economy in Kazakhstan.  Since 1991, 
Kazakhstan had launched six two-y ear privatization programs, the last one covering the period 2003-
2005.  Three of the programs had focused on large scale privatization.  Since 1999 the focus had 
shifted to effective state property management.  Th e last two programs had been developed within the 
framework of the State Property Management and Privatization Concept approved by Government 
Resolution No. 1095 of 21 July 2000.  During the period 1991-2005, 3,803 JSCs/LLPs had been 
privatized via auctions (2,817), te nders (680), direct sales (171) and the stock exchange (135).  During 
the same period, the sale of property complexe s, immovable property objects, and unfinished 
construction sites had resulted in 36,034 privatiza tions.  In 2004 the private sector had accounted for 
75 per cent of GDP while the overall proceeds from the privatization process during the period 1991-
2004 had totalled KZT 323,4 billion.   
47. The representative of Kazakhstan added that in  2006 the Schedule for Sale of State Property 
included some 1,000 immovable real estate property ob jects, transportation vehicles and other objects.  
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 3, 4 and 5. 
Table 3: 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 
 WT/ACC/SPEC/KAZ/9/Rev.1 
Page 20  
 
  Table 4: 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 
 
Table 5: 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  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 21 
 
 
  2000 2001 2002 2003 2004 2005  (units) 
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 
 
48. She further noted that two-staged tenders a nd 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 Kazakh firms in global capital markets; decisions on the sale of derivatives were 
made by the Government or the relevant lo cal executive body.  Another recent method of 
privatization was the Blue Chip Program.  Ten leading companies with state-owned shares had been chosen as "blue chips" for further sales, na mely "Manghistaumunaigas", "Aktobemunaigas", 
"Kazzink", Ust-Kamenogorsk Titanium-Magn esium Works, Sokolovsk-Sarybaisk Mining-
Concentrating Production Association, "Aluminum  of Kazakhstan", the transnational company 
"Kazchrom", People's Savings Bank of Kazakhstan,  "Kazakhtelecom" and "Kazakhmys".  At this 
stage, the state-owned shares of "Manghist aumunaigas", "Aktobemunaigas", "Aluminum of 
Kazakhstan", "Kazakhmys", Peopl e's Savings Bank of Kazakhstan and "Ust-Kamenogorsk Titanium-
Magnesium Plant" had been fully sold.   
49. The State Property and Privatization Committee under the Ministry of Finance was the 
authorized body on privatization in Kazakhstan.  Fixed assets of state enterprises, state-owned shares 
in JSCs, and state participation in the charter (regi stered) capital of LLPs were sold by decision of the 
authorized body, with the approval of the relevant  ministry.  Proceeds from the sale of state property 
generated revenue for the republican budget.  State bodies  were not allowed to start up, buy shares in, 
or participate in the charter (registered) capital of JSCs and LLPs.    
50. A description of the rules and procedures govern ing the privatization process was available to 
the public from the State Propert y and Privatization Committee.  Information was also accessible 
through the internet ( www.minfin.kz
).  Upcoming cash auctions were advertised in the media 30 days 
prior to the auction date, specifying terms and au ction procedures.  A large-scale public education 
campaign on privatization-related issues had been carried out in 1995-1996.  
51. A member of the Working Party asked the repr esentative of Kazakhstan to describe how the 
state retained partial ownership of privatized firm s.  The representative of Kazakhstan replied that the WT/ACC/SPEC/KAZ/9/Rev.1 
Page 22  
 
  state slated enterprises for either full or partial privat ization on the basis of its strategic interests, while 
taking into consideration favourable conditions that mi ght prevail on the market.  Pursuant to the Law 
"On Privatization" of 23 December 1995, the state did not retain ownership in fully privatized 
companies, but retained control over the remainde r of shares in partially privatized companies. 
52. 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 longer st ate-owned.  She added that JSCs "Food Contract 
Corporation", "KazAgroFinance" and "Mal Onimderi Korporatsiyasy" were operating in the agricultural sector on behalf of the Government (see section on "State-trading enterprises" for more 
information on these enterprises).  These enterprises w ould not be privatized in the future.  A further 
70 enterprises operated in the agricultural sector. 
53. 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.   
54. In response, the representative of Kazakhstan said that, according to the Law "On 
Privatization", natural persons, non-governmental and foreign juridical persons could all participate in 
the privatization process, with the exception of ju ridical persons, which did not have the right to 
engage in the core business of the company subject  to sale (pursuant to Kazakh legislation or as per 
their respective articles of incorporation).  Forei gn investors were accorded national treatment when 
state property was privatize – including state enterp rises, state-owned shares in joint-stock companies 
and state participation in the charter capital of part nerships with limited liabilities.  She also stressed 
that there were no legislative acts providing for discrim inatory treatment of foreigners participating in 
the privatization process.  She added that forei gn participants could purchase shares on the secondary 
market, from groups that had previously received sh ares in the privatization of these enterprises, 
provided that such enterprises were listed on the sec ondary market.  However, agricultural producers, 
who had privileges (received shares 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 fo r foreign participation in investment funds that 
owned shares in privatized companies, she said that there were no conditions or restrictions  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 23 
 
 
  prohibiting foreign investors from purchasing shares in Investment Privatization Funds (IPFs) once 
these had been converted into op en-type joint-stock companies. 
55. The representative of Kazakhstan noted that certain areas would be exempted from 
privatization, including its preliminary stages, as approved by Presidential Decree No. 422 of 28 July 2000 and Government Resolution No. 1587 of  24 October 2000.  This list included (i) land 
(except for privately owned land under conditions s tipulated by legislation), subsurface and water 
resources, flora and fauna; (ii) natural zones under sp ecial protection; (iii) military organizations and 
sites essential for national security; (iv) main-lin e railroads and highways, as well as accompanying 
engineering structures, part of the internationa l routes network or designed for defence purposes; 
navigable waterways, as well as lighthouses, navigation devices and seamarks that ensured safety and regulated navigation; (v) main oil and gas pipelines, and interregional electricity networks of 220, 500 
and 1,150 kW; (vi) water reservoirs and hydrauli c works, water control pivots, dams and water 
barrages; (vii) first-aid medical organizations operating in rural areas, specialized medical centres (maternity welfare, radiological medicine, oncolog y, tuberculosis, HIV/AIDS and STD centres, blood 
banks, and mental asylums), organizations and centr es acting as the sole provider of medical services 
in a given area; (viii) social protection services, children's homes, orphanages, nursing homes, rest 
homes, as well as hospitals and health resorts for th e disabled, the war veterans, children, and the 
elderly; (ix) secondary education institutions; and (x) historic and cultural sites protected by the state.  
The same legislation also established the categories of state property (Annex 3(c)), the list of state-
owned property (Annex 3(d)) and the list of join t stock companies with state-owned shares 
(Annex 3(e)) exempted from privatization, including its preliminary stages, until 2006.  In addition, 
state enterprises under the Ministry of Industry and Tr ade, such as the "National Centre on Integrated 
Mineral Resources Utilization of the Republic of K azakhstan" and "Zhezkazganredmet", were also 
exempted from privatization.  National companies es tablished in strategic sectors of the economy – oil 
and gas, mining and metallurgy, transport and co mmunications, and energy and machine-construction 
– were also excluded from the privatization process.  Nevertheless, some state-owned shares in these 
companies could be scheduled for privatization in line with national economic priorities.  State-owned 
shares of companies that had a monopoly position in th e market, or shares in strategically important 
companies, were privatized by government r esolutions.  She added that her Government was 
developing a draft Resolution "On the List of Stat e Property Exempted from Privatization, including 
its Preliminary Stages, until 2010".  Property which w as not included in this List could be privatized 
after an assessment of the economic effi ciency of continued state ownership. WT/ACC/SPEC/KAZ/9/Rev.1 
Page 24  
 
  - Pricing Policies 
56. The representative of Kazakhstan stated that Presidential Decree No. 569 "On Price 
Liberalization Measures" of 3 January 1992 (subsequent ly 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.  
57. She said that Law No. 272-II "On Natural Monopol ies" of 9 July 1998 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 Articles 6 and 7 contained a detailed description of their rights 
and responsibilities.  The coverage of the Law extend ed 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 
policies.  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) Subj ect to Regulation".  Pursuant to these Rules, 
the maximum level at which tariffs were set, as we ll as any tariff rate changes, had to cover for the 
production cost of services rendered and the profit margin required for effective operation.  In 
addition, Resolution No. 455 of 13 May 2005 had approved the "Concept on Development of the 
tariff Policy for Natural Monopolies", which aimed at establishing a tariff policy in the sphere of 
natural monopolies consistent with the coordinated development of various sectors of the national 
economy.  She added that the legislation did not pr event foreign and domestic private enterprises from 
competing in sectors dominated by "natural monopo lies".  In response to a specific question, she 
confirmed that "natural monopoly" was a legal term.   WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 25 
 
 
  58. With a view to defining a uniform legislativ e framework for state c ontrol and regulation of 
state monopolies, a draft Law "On State Monopoly" ha d 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 rights and freedoms, an d the health of the population (Table 2 contains a 
list of state monopolies).  In addition, Kazakh legi slation defined certain areas in which government 
bodies or state enterprises were given 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 construction), the registration of real estate  operations, and the maintenance of the 
State Land Cadastre.    
59. With regard to the state regulation of comp anies with a dominant (monopolistic) position, she 
noted that the Law "On Competition and Restric tion of Monopolistic Activities" of 8 July 2006 had 
expanded the scope of the anti-monopoly legislation a nd, in her view, had br ought Kazakh legislation 
in compliance with international practices in this  area.  This Law regulated monopolistic behaviour 
and authorized the introduction of price controls  when entities violated the anti-monopoly legislation 
by restricting competitive access to a particular mark et.  The Law also contained new definitions of 
what constituted a dominant (monopolistic) position.  A company was deemed to have a dominant 
(monopolistic) position if it had a greater than 35 pe r cent share of the market.  Several market 
participants were considered to have a dominant position (i) if the aggregate share of up to three 
market participants in a given commodity market  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. 
60. The representative of Kazakhstan noted that the Agency on Natural Monopoly Regulation 
was Kazakhstan's authorized body regulating the activities of natural monopolies and state 
monopolies, while the Committee on Protection of Competition under the Ministry of Industry and Trade was responsible for the regulation of th e activities of entities with a dominant (monopolistic) 
market position.  Natural monopolies, regardless of their owne rship status, were listed in the State 
Register which was kept by the Agency on Natu ral Monopoly Regulation.  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 revi ew.  After receiving the application, the Agency 
reviewed the financial and technical aspects of th e proposed tariff changes within a 50 day period.  
Natural monopolies had to notify consumers of tari ff changes no later than 30 days prior to their WT/ACC/SPEC/KAZ/9/Rev.1 
Page 26  
 
  introduction.  No more than one tariff change was allowed to be made in every 12 months at the 
initiative of the natural monopoly.  When consider ing applications, the Agency conducted a financial 
and, if necessary, technical evaluation of the pr oposed 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 
below the value of costs required to provide the company's services.  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 discuss ed when public hearings were held (consultation 
process).  The Agency was required to hold public h earings when reviewing applications of natural 
monopolies for approval of tariffs and the setting of th eir maximum levels.  Public hearings had to be 
announced 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 memb ers of the local legislative branch, representatives 
of government agencies, consumers and their public associations, 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 Rules 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 . 
61. 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 main  (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 the main-line railroad network; (vii)  services of access roads, 
(viii) air navigation services; (ix) services of seapor ts and airports; (x) telecommunication services, in 
cases where there was no competition between providers due to the fact that it might be economically  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 27 
 
 
  or technically infeasible to enter the market (with the exception of universal telecommunication 
services); (xi) services related to the leasing a nd provision of access to cable channels and 
technological facilities for connecting teleco mmunication networks to the universal 
telecommunication network; (xii) services of wa terworks and/or sewerage networks; and ( хiii) public 
postal services.  In response to a specific questi on, the representative of Kazakhstan confirmed that 
this list was exhaustive.  Detaile d information on the services provided by natural monopolies and on 
the price regulations affecting them is contained in Annex 4.  
62. 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 
tariff rates for services provided by monopolies, while both domestic and export prices for goods were determined by market forces. 
63. 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.  The provisions of this Law required th e subject of natural monopoly (consumer) to purchase 
such strategic goods directly from the manufacturer , except if supply deficiencies existed in the 
particular market.  Natural and ju ridical persons producing or distri buting the strategic goods directly 
on the territory of Kazakhstan on behalf of a fo reign manufacturer were considered to be the 
manufacturers of the strategic goods.  This requirement  had been introduced as a result of the fact that 
the fuel component in the expenses of subjects of  natural monopolies in the municipal sector had 
reached 70 per cent, which was due to the existen ce of a large number of intermediaries in the 
delivery chain from manufacturer to consumer (the subject of natural monopoly). 
64. 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 for the period 2004-2006.  She added that the Law "On Power 
Industry" had been adopted on 9 July 2004.  In acco rdance with the provisions of the new legislation, 
electrical power supply services (on the retail market for electricity) had been transferred to the competitive market where electric power providers w ould set tariffs for final consumers on the basis 
of market principles.  In this context, power supply companies had been established throughout Kazakhstan.  Power supply companies with a domin ant (monopolistic) position had been registered as WT/ACC/SPEC/KAZ/9/Rev.1 
Page 28  
 
  such.  Other developments included the use of cen tralized bidding for electric power procurement for 
sale to retail customers; a separation of heating networks from energy sources; and the creation of a 
level playing field for the supply of electrical pow er with a view to promoting competition between 
national-level electric power stations and regional producers of electric power.  Further plans for the 
development of competition at the retail level had al so been prepared.  However, the transmission and 
distribution of electricity by inter-regional (via  the national company JSC "KEGOC"), regional and 
local networks was considered to be an activity w ithin the sphere of natural monopolies, and 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 energy defici ency 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 di smantle vertically integrated monopolies had also 
been developed, and the complete privatization of the electricity supply network companies had also 
been foreseen.   
65. 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.  The representative of Kazakhstan replied that the principal transporter of natural gas by 
trunk pipelines was JSC Intergas Central Asia; it pr ovided domestic transportation, international 
transit, and export transportation services.  Ga s transportation services to domestic consumers 
provided by JSC Intergas Central Asia were re gulated by the Agency on Regulation of Natural 
Monopolies, and tariffs were applied in line w ith 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 price for natural gas that co rresponded to the sum of the production cost, the 
transportation cost via main pi pelines (KZT 420 and KZT 171 per 1,000 m
3 for juridical persons and 
households respectively), the cost of transit by di stribution networks, as well as a profit margin.  She 
stated that tariffs for domestic transportation of gas were calculated on the basis of the volume of 
transported gas, factoring in all costs necessary fo r the operation and maintenance of the gas pipeline 
system, but excluding the transportation distance.  No  decreasing coefficient for the transportation of 
natural gas was applied in Kazakhstan.  Pipeline tran sportation tariffs for the export of natural gas, as 
well as transit tariffs, were not subject to st ate regulation.  Instead, the Concession Agreement 
concluded between Kazakhstan 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 nego tiated under international  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 29 
 
 
  Concession Agreements, according to which the co ncessionaire/investment company set their own 
tariffs for international transit.  Transportation 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 1000 m3 per 100 km).  Information on the transpor tation of natural gas by JSC Intergas 
Central Asia is provided in Table 6.  
  Table 6: 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 
 
66. 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 wanted to know what criteria were considered in allocating access to the pipelines and 
whether any form of guidance was provided by th e government with respect to access allocation.  
In response, the representative of Kazakhstan said th at 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 o il was exported via two pipelines, namely Uzen – 
Atyrau (Kazakhstan) – Samara (Russia) and the Caspian Pipeline Consortium (CPC).  The Agency 
regulated the activities of the Uzen-Atyrau-Samara pipepline, while oil transportation via the CPC 
was regulated by shareholders of the Consortium.  The volume of oil exports via Uzen-Atyrau-Samara 
was determined by the pipeline's traffic capacity  and was based on the annual intergovernmental 
agreement between Russia and Kazakhstan.  Becau se of these limitations, and in the absence of 
alternative routes, Kazakh companies faced reduced  marketing opportunities for their products, given 
that their annual output exceed ed the pipeline capacity.   
67. 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 transportati on of 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 WT/ACC/SPEC/KAZ/9/Rev.1 
Page 30  
 
  quota or when the Russian Federation granted a dditional transit opportunities.  Once the quotas had 
been granted, the exporter had to sign an oil tr ansportation agreement with JSC KazTransOil – the 
pipeline operator.  When negotiating annual volume  quotas with the Russian Federation, Kazakhstan 
took into account the forecasted oil transportation need s of all Kazakh companies.  Thus, to date, all 
requests for volumes of transported oil had been satis fied 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 had been qualified as a natural monop oly, there were no restrictions imposed on the 
access of foreign or local companies to the market  for construction and operation of oil pipelines. 
68. 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.     
69. In response, the representative of  Kazakhstan said 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 both for 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  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 31 
 
 
  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 
(discount) coefficient did not constitute an export r estriction in the meaning of Article XI of the 
GATT 1994.   
70. Some members of the Working Party also noted that 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.   
71. The representative of Kazakhstan said that R esolution No. 145 of 6 February 2004 had 
approved the Program on Railway Transport Restructuri ng for 2004-2006.  She noted that in line with 
this Program, the national company "Kazakhstan Te mir Zholy" (KZT) had spun off two independent 
companies – "Kazzheldortrans" JSC (a national cargo carrier) and "Locomotiv" JSC (a locomotive 
header operator) – which had been registered as companies with a dominant (monopolistic) position.  
KZT owned 100 per cent of the shares in both comp anies.  The Agency was also coordinating the 
development of other joint stock companies in this  sector.  As for price regulation in this sector, 
according to the Program, charges for freight tr ansportation services, as well as for maintenance 
services (repair of railways, wagons and locomotives) , would be established under competitive market 
conditions.  Thus, the scope of na tural monopoly activity in this sector would be "limited" to the 
services of the main-line railway network.  Carriers would have to pay charges for using the main-line 
railway network, regulated by the government a nd set by KZT.  The relevant procedures were 
established by the Rules on Use of the Main-Lin e Railway, approved by Government Resolution 
No. 424 of 16 April 2004.  According to the Rules,  carriers were given access to the main-line railway WT/ACC/SPEC/KAZ/9/Rev.1 
Page 32  
 
  provided that they signed a Model Agreement approved by the government; their rolling stock 
(wagons) complied with technical, traffi c safety, and environment protection 
requirements/regulations; and they were licensed for the transportation of goods and passengers.  
Tariffs for main-line railway services, 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 Competition of 25 May 2004.  The representative of K azakhstan said that different tariffs for railway 
freight transportation were set depending on di stance, 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 railw ay transportation sector, her Government had 
developed a new tariff policy.   Against this background, the Government was undertaking a staged 
unification of tariffs charged for the services of  the main-line railway - thus phasing out the 
differential application of tariffs by type of destinat ion - to be completed by 1 January 2008.  Thus, as 
of 1 June 2006, unified tariffs for the services of th e main-line railway applied to crude oil, ferrous 
and non-ferrous metal and metal scr ap and construction materials (Order No. 119-OD of the Agency 
on Regulation of Natural Monopolies of 26 April 2006).       
72. 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 adde d 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.  
 
73. 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.1 
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  74. 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, in cases where ther e was no competition between providers due to the 
fact that it might be economically or technically in feasible to enter the market (with the exception of 
universal telecommunication services); and (ii) services related to the leasing and provision of access to cable channels and technological facilities fo r connecting telecommunication networks to the 
universal telecommunication network.  In addition, operator connection services (to the services of the 
universal telecommunication network) and telephon e transit services 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 telecommunica tion services subject to government regulation, 
approved by Government Resolution No. 155 of 14 March 2006, is provided in Annex 5 (see also 
section on "Policies Affecting Trade in Services").  
75. She further noted that the adoption of a Program  on Improvement of Tariff Policies of Natural 
Monopolies for the period 2002-2004 had signalled the government's intention to ensure the sustainable operation of natural monopolies.  The Program aimed at improving the legal regulatory 
framework and the methodology for establishing tariffs.  The Program introduced forward-looking 
methods, such as a new calculation of profit rates of  assets subject to state regulation and setting of 
medium-term tariff caps.  In particular, as indicat ed in preceding paragraphs, her Government had 
undertaken to eliminate price controls for electrica l power services, rail transport services, and certain 
telecommunication services. 
76. 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.  Th e representative of Kazakhstan re plied 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 Serv ices 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 
natural monopolies did not fall under the definition of  Article XVII of the GATT 1994 or Article VIII 
of the GATS. WT/ACC/SPEC/KAZ/9/Rev.1 
Page 34  
 
  77. A member of the Working Party noted that the Kazakh 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.  
- Competition Policy 
78. 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 restrict competition.  Antimonopoly 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 Unfa ir Competition" of 9 J une 1998, and the Law "On 
Competition and Restriction of Monopolistic Activiti es" of 8 July 2006.  Anti-monopoly regulation in 
the financial market would be enforced in line w ith the Law "On State Regulation and Control of the 
Financial Market and Financial Or ganizations".  The Law "On Unfair Competition" listed instances of 
unfair competition, introduced mechanisms for its  prevention and elimination, and also defined 
responsibilities for actions that constituted unfair  competition.  The Law applied to domestic and 
foreign natural and juridical persons, public bodies , and local administrations whose actions may 
restrict or eliminate free competition on commodity markets in Kazakhstan.  She noted that the Law 
"On Competition and Restriction of Monopolistic Activities" had been developed with a view to 
meeting the objectives of domestic competition po licy while introducing fundamental legislative 
provisions for the protection of competition in line  with established international practices.  Her 
Government had also developed a program fo r the period 2004-2006, which was aimed at 
reorganizing/downsizing monopolistic structur es and natural monopolies (details on the 
implementation of this program are provided in the section on "Pricing Policies").   
79. The Ministry of Industry and Trade was respons ible for the development of a national policy 
and a regulatory framework on competition, includin g the regulation of unfair competition activities;  
the Committee on Protection of Competition under the Ministry of Industry and Trade was  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 35 
 
 
  responsible for implementation and enforcement in  this area.  The anti-monopoly body monitored the 
behaviour of entities with a dominant (monopolistic) position through preventi on and restriction of 
actions that could lead to (i) establishment of monopolistic prices; (ii) unjustified cutbacks in  
production and supply of goods and services;  and (iii) creation of market entry barriers for new 
entrants.  The anti-monopoly body also monitored the establishment and reorganisation of business 
entities, and the acquisition of charter capital sh ares by market participants; it also focused on 
preventing collusion between competing market play ers.  Price regulation of companies with a 
dominant position in specific markets was only imposed  by the authorized body in accordance with 
the relevant anti-monopoly legislation.  
80. The representative of Kazakhstan noted that agreements or coordinated activities between 
competing and non-competing market agents, as well as agreements c oncluded between public 
bodies, or between a public body and a market agen t, were invalidated and prohibited when they 
resulted in restriction of competition or infringement of rights of juridical and natural persons.     
81. The Code on Administrative Violations (Article  147) foresaw sanctions for violations of the 
anti-monopoly legislation – 50 MCIs for natural pers ons, 100 MCIs for individual entrepreneurs and 
officials, and 1,000 MCIs for juridical persons.  For repeated violations (i.e. within one year of an 
imposed administrative penalty), the fines amounted to 50-100, 100-400 and 1,000-2,000 MCIs respectively.  For violations that led to an ac quisition of income, the corresponding fines were the 
same as for repeated offences but were complement ed by a confiscation of the revenues obtained as a 
result of the administrative violation.  The Criminal  Code (Article 196) provided for criminal liability 
for actions causing severe damage,  including fines of 200 to 500 MCIs, an am ount equivalent to two 
to five months' salary, four to six months arrest , or up to two years of correctional labour, custodial 
restraint or imprisonment.  For repeated offences,  or for actions committed by (organized) groups or 
officials, the sanctions consisted of fines in the am ount 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 damage, or 
the threat of damage, of another party's property were punishable by three to seven years in prison.  
82. Chapters 4 and 5 of the Law "On Competition 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 c ourt system (appeal) 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 27, 
paragraph 2).  In addition, the decisions of gove rnment bodies could be appealed directly to the WT/ACC/SPEC/KAZ/9/Rev.1 
Page 36  
 
  courts, without prior appeals to higher bodies, in acco rdance with the provisions of Article 278 of the 
Civil Code.  
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES  
83. 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 seven year terms on the basis of universal, equal and direct suffrage by secret ballot.  The 
President appointed and could dismiss members of the Government (including the Prime Minister, ministers and heads of state committees), heads of diplomatic missions, higher officers of the Armed 
Forces, the Chairperson and two members of th e Constitutional Council, the Chairperson and two 
members of the Account Committee for Control Over  the Implementation of the Republican Budget, 
seven deputies of the Senate, Chairpersons of obl ast courts, Chairpersons of boards and judges of 
oblast courts, the Prosecutor General and his/her depu ties, the State Secretary, the Chairperson of the 
National Bank and his/her deputies, and akims. 
84. The President approved laws submitted by the Se nate (the upper house of Parliament) within 
15 days, or returned laws (or separate Articles th ereof) 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 seven days.  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. 
85. 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  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 37 
 
 
  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 all Justices of the Supreme Court and the Chairpersons of the Collegiums of Justice.  
The Majilis, inter alia,  had exclusive jurisdiction to accept dr aft Laws for consideration and to 
announce regular Presidential elections.  
86. 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 6 and Article 57, 
paragraph 6 of the Constitution, in which the Gove rnment was accountable to the Parliament.  The 
Government submitted draft laws to the Majilis, th e lower house of Parliament, and was responsible 
for their implementation when enacted.  Subsidiary  legislation, in the form of resolutions and 
directives, could be issued by the Government.  The subsidiary legislative acts of the Government, as 
well as the acts of municipal chief executives could be annulled by the President.  The mandate of the 
Government expired with that of the President  unless specifically terminated by the President. 
87. 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 principa l government body responsib le for developing  (i) 
industrial and investment policy; a nd (ii) trade policy, including proposals on customs rates and duties 
(subsequently administered by the Customs Contro l Committee of the Ministry of Finance) and the 
issuing of import/export licenses.  State finance policy, including currency control and currency aspects of foreign economic relations, was determined by the Ministry of Finance.  Administration of 
currency control was carried out by the Nationa l Bank through licensing of currency transactions. 
88. 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; WT/ACC/SPEC/KAZ/9/Rev.1 
Page 38  
 
  (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.  
89. 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 agreements.  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 commitm ents), 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. 
90. 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. 
91. 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.  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 39 
 
 
  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.   
92. 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.    
93. 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 WT/ACC/SPEC/KAZ/9/Rev.1 
Page 40  
 
  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. 
94. Some members of the Working Party asked whether following accession, the WTO 
Agreement would have priority ove r Kazakhstan'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 
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 international 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 international 
agreements signed by Kazakhstan. 
IV. POLICIES AFFECTING TRADE IN GOODS  
- Trading Rights 95. The representative of Kazakhstan said that according to Presidential Decree No. 2021 "On 
Liberalisation of Foreign Economic Activities" of 11 January 1995, natural and juridical persons had 
the right to carry out foreign economic activities – i. e. international trade (import and export) – as well 
as the right to trade with domestic products.    WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 41 
 
 
  96. According to Article 3 of Law No. 2198 "On St ate Registration of Juridical Persons and 
Statistical Record-Keeping Registration of Branch es and Representative Offices" of 17 April 1995, 
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.  Foreign firms, as well as individuals, had to register in order to 
carry out import and export activities.  Branches and representative offices of juridical persons, 
located on the territory of Kazakhstan, were subj ect to registration for record-keeping (accounting) 
purposes.  Foreign firms, wishing to engage in import/export activities without establishing a physical 
presence in Kazakhstan, could do so under civ il contracts signed with Kazakh partners.   
97. State registration and re-registration was performed  within a day for individual entrepreneurs, 
three days for small businesses, and within 10 days for juridical persons, from the date of submission 
of a complete application.  To apply for registration,  juridical persons had to submit (i) an application; 
(ii) a charter (articles of incorporation); (iii) a proof of payment of the registration duty; and 
(iv) a document certifying their location.  Small businesses were not required to submit a document certifying their location and, as they normally oper ated on the basis of a Model Charter, they 
submitted a Charter instead of articles of incorporat ion.  Individual entrepreneurs were only required 
to submit an application and a proof of payment of the registration duty.  Unless otherwise provided 
by international treaties, juridical persons with fore ign participation had to submit, in addition to the 
above, (i) a legalized certificate of the juridical pe rsonhood of the applicant pursuant to the legislation 
of the foreign country, accompanied by a notarized translation in Kazakh and Russian; and (ii) an 
identification document of the company founder, accompanied by a notarized translation in Kazakh 
and Russian.  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 company's articles of incorporation and other submitted documents for 
compliance with Kazakh legislation; (ii) issuance of a state registration certificate with an assigned 
registration number; and (iii) record entry in the single State Register or the Branches and 
Representative Offices Register, as appropriate.  A refusal of registration (or re-registration) could only be made on the grounds of Article 11 of La w No. 2198 "On State Registration of Juridical 
Persons and Registration of Branches and Representativ e Offices" of 17 April 1995.  Pursuant to the 
Law "On Amendments and Addenda to Legal Ac ts 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 fro m a single source – the justice authorities (the WT/ACC/SPEC/KAZ/9/Rev.1 
Page 42  
 
  Committee on Registration Services under the Ministry  of Justice and the territorial branches of the 
Ministry of Justice).  These certificates included a state registration certificate, a taxpayer registration 
certificate, and a statistical certificate of registration in the State Statistical Register.  Registration 
certificates were issued for an unlimited period and a single registration was valid throughout all of 
Kazakhstan.  A registration certificate would be re placed only at re-registration or when there had 
been a change in location.   
98. 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 "Methodology  for Calculation of Import/Export Licensing Fees 
and Fees for State Registration of Juridical Persons", registration fees for juridical persons, including small businesses, reflected the cost of services re ndered.  The methodology included the cost of 
"purchase of other goods" but excluded the cost of  travel expenses within the country.  The same 
Methodology applied to the calculation of activity lic ence fees.  Pursuant to Resolution No. 1324 "On 
Amendments into the Resolution of the Govern ment 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 was set at 
KZT 2,280 (US$17); the rate for other juridical  persons was KZT 7,600 (US$57).  Individual 
entrepreneurs were charged 4 MCIs (US$32).  All registration fees applied equally throughout 
Kazakhstan at both central and local levels and re venues were forwarded to local budgets.  In her 
view, these fees were in full conformity with the provisions of Article VIII of the GATT 1994.  The 
methodology for the calculation of fees is provided in Annex 8 (e).   
99. 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 Kaza khstan said that small businesses – the predominant 
type of registered juridical persons in Kazakhstan – had to register with the local tax agency at their 
place of residence.  According to Law No. 124-III "O n Private Entrepreneurship" of 31 January 2006, 
which had invalidated Law No. 131 "On State Support to Small Businesses" of 19 June 1997, small 
businesses were defined as (i) individual entreprene urs conducting an entrepreneurial activity without 
establishing juridical personhood, with averag e annual staff not exceeding 50 employees; and  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 43 
 
 
  (ii) juridical persons conducting entrepreneurial activity, with average annual staff not exceeding 
50 employees, and with average annual asset value not exceeding 60,000 MCIs.  Article 18 of the 
Law "On Entrepreneurship" define d simplified procedures for regist ration of small businesses which 
included (i) reduced registration terms (three days);  (ii) a minimized list of application documents; 
(iii) and a reduced registration fee.  Individual entr epreneurs were only subject to registration if they 
had employees on a permanent basis and if their annual revenues exceeded the established level of 
non-taxable annual income for natural persons.  Sh e emphasized that the simplified procedures for 
registration of small businesses (and also for individual  entrepreneurs) represented an integral part of 
the state's social and economic policy aimed at supporting the development of small business.  She 
held the view that these policy measures were applied on a non-discriminatory basis to all residents, 
both domestic and with foreign ownership, and as such did not contradict WTO norms. 
100. She further noted that, pursuant to the Law "O n Licensing" of 17 April 1995, activity licenses 
could be established for (i) national security reasons ; (ii) implementation of state monopoly functions; 
(iii)  strengthening the rule of law; and (iv) prot ection of the environment, property, and the life and 
health of citizens.  In January 2005, 134 types and 728 sub-types of activities had been subject to 
licensing.  Law No. 45-III of 15 April 2005 had ame nded the Law "On Licensing" to remove 25 types 
and 410 sub-types of activities from the list of activ ities subject to licensing.  In December 2005, a 
further draft Law amending the Law "On Licensing" ha d been submitted to Parliament; this draft Law 
would remove another 21 types and 78 sub-types of activities from the list.  In addition, a number of 
auditing services would also be excluded from the list in accordance with the draft Law "On 
Amendments and Addenda to Legislative Acts of the Republic of Kazakhstan on Auditing".  The list 
of activities subject to activity licensing is provided in Annex 8 (c).  
101. 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).  The list of goods subject to activity licensing pr ior to importation is provided in Annex 8 (a).    
102. 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 
was asked to remove these activity licence require ments.  In response, the representative of 
Kazakhstan said that, pursuant to Law No. 429-1 "O n State Regulating of Production and Turnover of 
Ethyl Spirit and Alcoholic Beverages" of 16 July 1999, an activity licence for the production of WT/ACC/SPEC/KAZ/9/Rev.1 
Page 44  
 
  alcoholic beverages was required for the importati on of ethyl alcohol and wine materials (the 
previously existing additional licensing requirement for the storage and wholesale sale of ethyl 
alcohol had been eliminated in February 2004).  She noted that imported ethyl alcohol was used solely 
for the production of alcoholic beverages, while  ethyl alcohol for pharmaceutical, medical and 
technical needs was supplied domestically.  Therefor e, in her view, the elimination of the activity 
licence for the production of alcoholic  beverages could result in the em ergence of a "grey" market for 
these imported products.  In her view, this could ne gatively affect human health and would result in a 
failure to collect taxes on alcoholic beverages produced using imported ethyl alcohol and wine 
materials.  Therefore, her Government intended to maintain the existing regulation governing the 
importation of ethyl alcohol and wine materials.  As  for alcoholic beverages (other than beer), an 
activity licence for the production, storage or whol esale sale of alcoholic beverages was required for 
their importation.  The activity licence was necessar y because alcoholic beverages, other than beer, 
were subject to certain qualification requirements fo r their storage.  These qualification requirements 
were listed in Article 15 of the Rules on Licensi ng the Production of Ethyl Spirit and Alcoholic 
Products, Storage and Wholesale Sale of Alcoholic Products (Except for Beer) as well as Retail Sale 
of Alcoholic Products (Except for Beer) appr oved by Government Resolution No. 1258 of 
27 August 1999.  According to the Rules, an applican t had to have specialized premises for storage, 
drives/entrances, and communication systems; as well as required technical documentation regulating consumer safety; approved measurement instrument s; appropriate storage conditions for preserving 
product quality; and appropriate protective equipmen t for employees, necessary for meeting sanitary 
norms and safety rules.  In addition, an applicant had to receive the approval of the relevant sanitary, 
ecological and fire safety agencies, as well as the approval of GosStandard.  However, her 
Government was planning to amend the existing re gulation governing the importation of alcoholic 
beverages (other than beer).  According to th e planned amendments, to obtain an import licence, 
residents would be required to hold an activity licence either for production or for storage and 
wholesale of alcoholic beverages.  Non-residents would need to have a contract with a Kazakh 
juridical person holding such a licence.   
103. 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 Pharm acy Committee of the Ministry of Healthcare, was 
required for the import/export of pharmaceuticals, para-pharmaceuticals, medical equipment and  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 45 
 
 
  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.  
104. 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. 
105. 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.   
106. 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.  Acco rding to these legal acts, residency status was 
conferred to juridical persons established in Kazak hstan and/or juridical persons with management 
control in Kazakhstan.  Non-residents were consid ered 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 conducted 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 commercial presence  in Kazakhstan were considered as residents.  
She also confirmed that resident juridical persons  of Kazakhstan were eligible to participate in 
preferential trade arrangements between Kazakhstan and other CIS countries.  WT/ACC/SPEC/KAZ/9/Rev.1 
Page 46  
 
  A. IMPORT REGULATIONS 
- Ordinary customs duties  - Customs tariff
 
107. The representative of Kazakhstan said that import tariff duties were established by 
Government Resolution No. 1389 of 14 November  1996 "On Rates of Customs Duties Levied on 
Imported Goods", as amended.  Kazakhstan's cust oms tariff policy was aimed at (i) protecting 
consumers' interests; (ii) diversifying the nati onal economy; (iii) facilitating the development of 
technology-based and value added industries; (iv) creating a favourable investment climate; and 
(iv) generating revenue for the state budget.  Co mmitments ensuing from K azakhstan's participation 
in international agreements and regional integration initiatives, including the free trade area of CIS 
countries and the formation of a Customs Union among the Eurasian Economic Community member-
States, were also incorporated into  the national customs tariff policy.  
108. In order to apply tariff and non-tariff measures vis-à-vis  imported goods, and carry out 
customs valuation and classification of goods in acco rdance with the tariff nomenclature, the Customs 
Control Agency issued Order No. 210 "Rules of Adoption of Preliminary Decisions and Their Standard Forms" of 15 May 2003. 
109. Kazakhstan had replaced a 9-digit tariff nomen clature with a 10-digit nomenclature on 
1 January 2004, which was base d on the 2002 revision of the Harmonized Description and Coding 
System (HS 2002).  Thus, current applied rates we re established in the HS 2002 nomenclature (also 
used for conducting WTO tariff negotiations).  The switch to a new tariff nomenclature was stipulated 
by the Agreement "On Common Tariff Nomenclature of Foreign Economic Activity of the EurAsEC" 
adopted on 11 June 2003.  The new import tariff consisted of 11,195 tariff lines.  A significant 
majority of tariff items (9875 items or 88.2 per cent) were subject to ad valorem  rates, while 1,152 
items (10.3 per cent) were subject to compound or  mixed rates, and 168 items (1.5 per cent) to 
specific rates.  The ad valorem  import duty rates ranged from 0 to 30 per cent, except for two items 
related to ethyl alcohol (HS 2207 10 000 and 2207 20 000), for which the tariff rate was set at 
100 per cent.  The structure of Kazakhstan's Customs Tariff is provided in Table 7.   WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 47 
 
 
  Table 7: Structure of the import Customs Tariff of Kazakhstan  
Import tariff rates (per cent) Number of tariff lines 
From 0 to 5 6,553 
10 1,397 
15 2,333 
20 626 
25 17 
30 57 
Over 30 48 
 
110. Import duty rates charged for imports under the Generalized System of Preferences (GSP) 
were levied at 75 per cent of the MFN rate, for goods originating in developing countries.  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.  The list of countries eligible  for GSP treatment is provided in Annex 6.  The 
tariff rates applicable to goods of unknown country origin were set at two times the rate of MFN 
tariffs.  This measure was aimed at ensuring that th e country of origin of imported goods was declared 
appropriately.  However, to address concerns ra ised by some members of the Working Party, 
Kazakhstan would eliminate the use of the double MF N rate of duty applicable to goods of unknown 
origin. 
111. 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 at ad valorem  rates while specifi c rates applied to 168 items, including 
alcohol beverages, fruits and vegetables. 
- Other duties and charges 
112. 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 schedule under Article II:1 (b) of the GATT 1994, binding 
such charges at zero from the date of accession. 
113. The representative of Kazakhstan replied that Kazakhstan did not appl y any other duties and 
charges on imports, except for currently applied import duties approved by Government Resolution 
No. 1389 of 14 November 1997, and fees charged for services rendered.     WT/ACC/SPEC/KAZ/9/Rev.1 
Page 48  
 
  - Tariff rate quotas, tariff exemptions 
114. The representative of Kazakhstan said that Law 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 a limited number of sensitive agricultu ral products – namely meat (poultry) and cane 
sugar – in an attempt to eliminate "peak rates" in tariff commitments and to increase market access 
opportunities for foreign exporters through allocation of  import quotas.  In particular, her Government 
was preparing to introduce a TRQ for poultry, which would be aimed at satisfying the necessary internal demand for imported goods, while also me eting the economic interests of domestic poultry 
producers.  She added that her Government was co mmitted to apply the most transparent methods for 
administration of TRQs - combining a "first come , first served" method with an import licensing 
procedure.  The Ministry of Industry and Trade would be responsible for issuing import licenses to 
administer the tariff rate quotas. 
115. 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 A doption 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 exemptions on (i) di plomatic imports; 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 
trade agreements.
  She added that  the Ministry of Industry and Trade was preparing to phase out and 
eliminate currently applied tariff exemptions  (see also section on "Trade agreements").  
116. She further noted that goods imported temporarily  to Kazakhstan (i.e. subject to subsequent 
exportation) could be exempted from payment of custom s duties and taxes, either in whole or in part.  
Goods falling within the scope of  Government Resolutions Nos. 668 and 1092 were fully exempt 
from payment of duties, while other temporarily-impor ted goods were subject to a fee of 3 per cent of 
the payable duty, for each month the goods remained on the territory of Kazakhstan.  The term of 
temporary importation was determined on the basis of  the applicant's tasks and objectives, and could  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 49 
 
 
  not exceed a period of three years of the date the go ods had entered the country.  To conform with the 
provisions of the temporary importation regime, goods  had to remain unchanged during the period of 
temporary importation.  Pursuant to Article 189- 2 of the Customs Code, the customs regime of 
temporary importation did not cover (i) industrial waste; (ii) spare parts and components (except when 
designated for temporarily imported vehicles), cons umables and samples, raw materials and semi-
finished goods, with the exception of temporar ily imported samples for promotion/demonstration; 
(iii) foods and beverages (includi ng alcoholic beverages and tobacco products), with the exception of 
temporarily imported samples for promotion/demonstrati on; and (iv) goods subject to an import ban.  
The temporary importation regime did not cover fo od products and beverages, as these goods were 
solely imported for consumption and could not re main unchanged during the three year temporary 
importation period.  Similarly, spare parts and co mponents, consumables and samples, raw materials 
and semi-finished goods, could not remain unc hanged during the three year period and were, 
therefore, excluded from the product coverage of th e temporary importation regime.  In response to a 
specific question, she said that the transit and trans- shipment of food and bevera ges, which did not fall 
under the coverage of the temporary importation regi me, 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 fr om the payment of customs duties and taxes.   
117. The term of temporary importation could be exte nded beyond three years at the request of an 
applicant, if an acceptable justification could be provi ded.  To apply for an extension of this term, an 
application had to be filed with the customs body no  later than one month prior to the expiry of the 
initial term.  The extension of the term of tem porary importation was not subject to customs fees 
requirements nor to re-submission of the customs declaration.  
- Fees and charges for services rendered 
118. The representative of Kazakhstan said that a new Customs Code had been enacted on 
1 May 2003.  The new Code had abolished the  fee levied at 0.2 per cent of the customs value.  
Article 293 of the new Customs Code stipulated th at customs fees could be levied for (i) customs 
clearance; (ii) customs escort of goods; and ( iii) customs warehousing of  goods.  According to 
paragraph 2 of Article 293, the costs incurred by customs bodies during the customs clearance process 
would be used as the basis for determining the level of customs clearance fees.  The customs 
clearance of goods and vehicles included registration of a customs declaration; verification of the 
application of tariff and non-tariff regulations; ve rification of compliance of the location of goods 
with customs requirements; administration of customs fees; determination of customs value; classification of goods for the purpose of custom s examination and customs expert evaluation. WT/ACC/SPEC/KAZ/9/Rev.1 
Page 50  
 
  119. Customs clearance fees and customs escort fees  were levied on all imported goods in 
accordance with Resolution No. 669 "On Adoption of Rates of Customs Fees, Charges and Payments 
Levied by Customs Bodies" of 7 July 2003, as amended by Resolution  No. 202 of 24 March 2006.  The amended Resolution had established customs clear ance fees specified in a fixed amount (Euro) 
and were levied on the basis of distance.  She noted that the methodology used for calculating fees 
included the travel expenses of customs officials, th e cost of fuel used for transportation, and the 
depreciation cost of vehicles; it did not cover for the salaries of customs officials.  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 fees is provided in Annex 7. 
- Application of internal taxes to imports 
120. 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 
121. The representative of Kazakhstan said that  pursuant to Section III of the Tax Code 
(Law No. 209-II of 12 June 2001), va lue-added tax (VAT) was set at a general rate of 15 per cent, 
which was levied uniformly on domestically produc ed products, as well as imported products.  VAT 
was levied on domestic products on the basis of th e volume of taxable turnover, while for imports 
VAT was levied on the sum of the customs value of goods, other taxes and mandatory payments.  
Kazakhstan applied the "country of destination" pr inciple to imports originating from all trading 
partners, including member-States of the Customs Union (between Kazakhstan, Belarus, the Russian 
Federation, the Kyrgyz Republic a nd Tajikistan) and CIS states.  Sp ecifically, as of 1 January 2005 all 
imports of oil, natural gas and gas condensate were also subject to a 15 per cent VAT rate, 
irrespective of the country of origin.  Pursuant  to Article 222 of the Ta x Code, all exported goods 
were zero-rated for VAT purposes.  
122. She further noted that no VAT tax was levi ed on (i) imported national currency, foreign 
currencies (except for currencies imported for numismatic purposes), and securities; (ii) goods, 
imported by natural persons un der duty-free import provisions established by the Government; 
(iii) goods, except for excisable goods, imported as humanitarian aid in accordance with procedures 
established by the Government; (iv) goods, except for excisable goods, imported as charity at the  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 51 
 
 
  initiative of the state, national governments, inte rnational organisations, including for technical 
assistance purposes; (v) diplomatic imports exempted from excise tax pursuant to signed international 
agreements; (vi) goods, subject to declaration in accordance with the customs legislation of 
Kazakhstan, under customs treatments  providing for tax exemptions; (v ii) imports of drugs, including 
medical substances; medical (veterinary) products, including prosthetic appliances, devices for the 
deaf and blind, medical and veterinary equipm ent; materials and components required for production 
of drugs and diabetic products, medical (veterinar y) products, including prosthetic appliances, and 
medical (veterinary) equipment, if approved by the Government; (viii) imports  of mail stamps (except 
for collectors' imports); (ix) imports of raw materi als for production of paper currency by the National 
Bank and its subordinate bodies; (x) imports of e quipment for the servicing of payment cards, as well 
as its associated software and spare parts, when imported for production needs; (xi) goods, imported 
under grants, provided by states, governmental a nd international organisations; and (xii) goods 
imported by a leasing party within the fr amework of financial lease contracts.  
123. Asked specifically about the export of ferrous  and non-ferrous scrap, the representative of 
Kazakhstan replied that VAT had been levied on th e export of ferrous and non-ferrous scrap since 
1 July 2001.  However, since 1 January 2004, th e export of ferrous and non-ferrous scrap had been 
exempt from the payment of VAT.  Since 1 January 2005, the export of ferrous and non-ferrous scrap was zero-rated for VAT purposes.  
124. A member of the Working Party asked the repr esentative of Kazakhstan to confirm that the 
15 per cent VAT was applied to all goods, imported 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.  The representative of Kazakhstan replied that producers of primary agricultural products could qualify for either of two preferential tax regimes – a regime applicable to 
juridical persons, producers of primary agricultura l products; and a regime applicable to farmers 
(small businesses).  The first regime provided for an 80 per cent reduction on the payable tax.  The 
VAT payable to the budget was determined by th e difference between the VAT charged and the VAT 
paid for inputs.  Thus, the preferential regime ex tended only to the reduction in the VAT payable to 
the budget by agricultural producers, while the price of agricultural g oods sold reflected the 
15 per cent VAT payable by consumers, including food processing enterprises.  She emphasized that 
the sale of agricultural products was not exempted fro m the payment of VAT and that this special tax 
regime was applicable only to producers of agri cultural products.  The second regime applied to 
farmers producing agricultural goods or processing thei r own agricultural produce.  This regime was 
based on a "single land tax" (set at 0.1 per cent of  the assessed value of the land) which replaced the 
individual income tax, land tax and charges for its use, property tax, transport tax and value-added WT/ACC/SPEC/KAZ/9/Rev.1 
Page 52  
 
  tax.  The farmers eligible for this regime were small business entities of annual turnover of less than 
15,000 MCIs which did not have to register as VAT payers.  She acknowledged that this was an 
exception from the uniform application of the 15 per cen t VAT but held the view that the existence of 
such a minimum turnover threshold was an intern ational practice.  In her opinion, these two tax 
regimes did not contradict the provisions of Article III of the GATT 1994.  
- Excise Tax 
125. 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.  The Resolution sti pulated that excise rates were equal for domestic 
and imported goods, except for alcohol, tobacco, automobiles, gasoline and diesel fuel.   
126. To ensure the progressive unification of excise tax rates, the Government increased excise 
rates on domestically produced products by ame nding Resolution No. 137 by Resolutions No. 1257 of 
26 November 2002, No. 182 of 20 February 2003,  No. 241 of 27 February 2004, and No. 1035 of 
15 October 2005.  Thus, the excise tax had increased from KZT 180 to KZT 230 per 1,000 pieces of tobacco products with filter; from KZT 100 to KZT 130 per 1,000 pieces of other tobacco products; 
from KZT 3 to KZT 40 per litre of spirits used in  the production of alcoholic beverages; and from 
KZT 125 to KZT 250 per litre of 100 per cent spirit in alcoholic beverages (except for cognac, 
brandy, wine beverages, wine, champagne, sparkling wine and beer).  Excise tax rates levied on the 
basis of the percentage of alcohol content had also  been established.  She noted that the Sectoral 
Program for State Regulation of Production and Tur nover of Ethyl Spirit and Alcohol Products for 
2004-2006 had been terminated.   
127. 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 "On 
Labelling Certain Types of Goods with Statisti cal Control Marks" of 3 December 2004).  Her 
Government had also adopted Resolution No. 1035 "On Amendments to the Government Resolution 
No. 137 of 28 January 2000" of 15 October 2005 whic h established an excise tax levied at a rate of 
KZT 825 per kg on domestically produced smoking, chewing and other tobacco (with the exception of tobacco used in the production of other tobacco products).  These tobacco products had previously 
not been subject to the payment of the € 5 per kg excise  tax applicable to their imported equivalents.    
128. 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  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 53 
 
 
  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 Kazakhstan 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 medi cine and  registered as pharmaceuticals.    
129. 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.  In  response, the representative of Kazakhstan said 
that her Government envisaged full unification of  excise tax rates by 1 January 2007.  She also 
confirmed that excise taxes were applicable to domestic and imported goods re gardless of the country 
of origin. 
130.  [The representative of Kazakhstan stated that, from the date of accession, Kazakhstan will 
apply its domestic taxes, including excise taxes on products listed in Annex [ ] in strict compliance 
with Article III of the GATT 1994, in a non-discriminatory manner to imports regardless of country of 
origin and to domestically-produced goods.  The Working Party took note of this commitment.] 
- Quantitative import restrictions, including  prohibitions, quotas and licensing systems 
131. The representative of Kazakhstan said that K azakhstan did not apply any quantitative import 
restrictions, except restrictions established pursuan t to the Government Resolution "On ban imposed 
for goods and vehicles imported to the territory of  the Republic of Kazakhs tan and exported from its 
territory that were prohibited to be located 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 gri nding and forged spheres (Resolution No. 1243) and 
a limitation on the imports of ethyl spirit and al coholic beverages (Resolution No. 1031) had been WT/ACC/SPEC/KAZ/9/Rev.1 
Page 54  
 
  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.   
132. [The representative of Kazakhstan confirme d that Kazakhstan will eliminate and not 
introduce, re-introduce or apply quantitative restricti ons on imports or other non-tariff measures, such 
as quotas, bans and other restrictions having equivalent  effect that could [contradict provisions] of the 
WTO Agreements, including Article XI GATT 1994, except for emergency reasons stipulated in 
Article XIX of the GATT 1994 and th e WTO Agreement on Safeguards.] 
 - Import licensing 133. The representative of Kazakhstan said that th e 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 
Republic of Kazakhstan" of 30 June 1997.  The lic ensing system regulated the import (and export) of 
a limited number of goods to ensure the protectio n of human life and health, the environment, and 
public order, as well as for reasons of national securi ty.  In addition, the im port licensing of ethyl 
spirit and alcoholic beverages was regulated by  the Rules approved by Government Resolution 
No. 1031 "On licensing of import of ethyl spirit  and alcoholic beverage s in the Republic of 
Kazakhstan" of 27 June 1997.  The list of goods su bject to import and export licensing, is provided in 
Annex 8 (a) and 8 (b). Information on licensing rules and procedures is contained in Annex 8 (d).  In 
response to a specific question, she confirmed th at the procedures listed in Annex 8 outlined all 
import licensing procedures contained in Government Resolution No. 1037 and Government 
Resolution No. 1031. 
134. 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 certificate of state registration; (v) confirmation for 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  WT/ACC/SPEC/KAZ/9/Rev.1 
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  production of alcoholic beverages.  To obtain a licence for the importation of alcoholic beverages 
(other than beer) an applicant had to submit an activity licence for the production, storage or 
wholesale sale of alcoholic beverages.  In accordan ce with Article XVII of the Law "On Licensing" a 
licence had to be issued within ten days for small businesses and no later than one month for juridical persons.  The decision, as well as the procedure, re garding the issuing of a licence could be appealed 
in court within one month. She held the vi ew that import licenses were granted on both a non-
discriminatory and most-favoured-nation basis (see section on "Trading Rights" for further 
information on state registration and activity licensing).  
135. 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. 1334 "On Amendments into the 
Resolution of the Government of the Republic of Kazakhstan No. 100 'On Approval of Licensing 
Fees Rates for the Right to Perform Certain Types of Activities' of 24 January 2002" of 31 December 2005, import/export licensing fees were set at a fixed rate (instead of MCIs) based 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 V III of the GATT 1994.  The methodology for calculation 
of fees is provided in Annex 8 (e). 
136. A member of the Working Party noted the ex tended time for the issuance of a licence 
(30 days) and stated that Kazakhstan's import lic ensing system appeared to be non-automatic in 
nature.  In response, the representative of Kazakhstan said that the Law "On Licensing" would be amended to introduce the concept of "automatic li censing" as a measure aimed at monitoring trade 
flows.  The amendments would also introduce "a single entry" principle, which in her view, would simplify the licensing procedure and would ensure  transparency.  The list of goods subject to 
automatic licensing would be determined after the adoption of the amended Law "On Licensing".     
137. In response to a specific question, the repres entative of Kazakhsta n confirmed that the 
import/export licence was separate from the requirement to register and apply for a licence from the National Bank for import- and export-related cred its for a period exceeding 180 days.  Once a trader 
had acquired a licence under Government Resolution No. 1037, no additional specific import licenses 
for goods were required. 
138. 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 WT/ACC/SPEC/KAZ/9/Rev.1 
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  goods, or both.  The representative of Kazakhstan replied that Government Resolution No. 1037 
covered import and export licensing of goods (as well as works and services).  
- Customs valuation 
139. 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 amende d by Law No. 62-III of 20 June 2005.  Issues 
relating to customs valuation of goods were also regulated by the Decree of the Customs Committee 
No. 209 "On Adoption of Rules on Completion of D eclarations 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 independent conform ity assessment of customs valuation, had been 
invalidated as of 19 December 2003.  She confirmed that all legislation related to the relevant 
provisions on customs valuation in Kaza khstan was listed in this paragraph. 
140. 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 
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.   
141. She further noted that, according to Article  311 of the Customs Code, "homogenous" or 
"similar" goods meant commercially interchangeab le 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 ha d to be manufactured in the same country as the goods being 
valued; they could, however, be manufactured  by another manufacturer.  The goods' quality, 
trademark availability, and market reputation were  all taken into account when determining the 
similarity of goods.  Article 309 of the Code set ou t 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 may not  serve as the basis for refusal to recognize goods as 
similar; (ii) the cost of similar goods imported in different quantity and at a different commercial level 
may be used, and their value had to be adjusted ta king into consideration these differences when there 
were no cases of import of goods in the same quantity  and at the same commercial level; (iii) some 
adjustments had to be introduced on the basis of reliable information verified by documentation; and 
(iv) the lowest value had to be applied to determ ine the customs value of imported goods when more 
than one transaction value with similar goods was identified.  In her view, Article 309 had been  WT/ACC/SPEC/KAZ/9/Rev.1 
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  amended to bring into conformity the definition of persons associated in exportation and importation 
of goods with the provisions of Article 15( 5) of the Customs Valuation Agreement.  
142. Regarding the method for determining custom s value based on deduction of costs, the 
amendments to Article 312 introduced by La w No. 62-III of 20 June 2005 stipulated that 
(i) the customs authority may not require from a non-resident information determining the customs 
value; and (ii) information supplied by the pr oducer of the goods for the purposes of determining 
customs value may be verified with the agreement of the producer provided that sufficient advance 
notice was given to the government of the country in question and the latter did not object to the investigation.   
143. According to Article 314 of the Customs Code , the "reserve" method was applied when the 
customs value could not be determined by a successi ve application of all ot her methods (in 2004, the 
reserve method was only used for 7.1 per cent of  imported goods).  When applying the reserve 
method the customs authority could use Governme nt recognized price reference books, statistical 
data, generally accepted commission rates, discounts,  profit, transport rates and other data.  The 
application of price reference books had been approved by Government Resolution No. 794 "On 
information reference books used upon the applicat ion of the reserve method of determination of 
goods customs value" of 8 August 2003 and Gove rnment Resolution No. 797 "On Changes to 
Government Resolution No. 788 of 9 June 2001" of 11  August 2003.  The appropriate data adjustment 
was mandatory, taking into account commercial sta ndards (wholesale, retail) and/or the quantity of 
goods being valued.  She acknowledged that the appli cation of the reserve method might amount to an 
administered valuation of imports based on info rmation gathered by the customs authorities.  
However, Article 314 of the Customs Code also described factors that could not be relied upon.  She added that the reserve method was used less fr equently than the principle method of customs 
valuation, based on the transaction value of imported goods. 
144. 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.  
145. 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 WT/ACC/SPEC/KAZ/9/Rev.1 
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  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. 
146. 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 Orde r 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.  
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 verifica tion, 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. 
147. Transparency provisions were dealt with in Artic le 30 of the Customs Code.  Statutory legal 
acts on customs-related issues were published in offici al periodicals.  Relevant information was also 
disseminated at various border check-points; airports , railway and car stations, as well as water ports; 
on board of vehicles, as well as air and water vessels th at carried out international traffic; and in areas 
where customs control was carried out.  Cust oms authorities provided unimpeded access to the 
relevant laws, statutory legal acts, court decisions  and administrative acts for all interested parties 
involved in foreign economic activity, except for conf idential information as outlined in Article 26 of 
the Customs Code.  The Customs Control Commi ttee provided information on relevant customs-
related legislation, administrative decisions, expl anatory notes and foreign trade statistics on its 
website, www.customs.kz, as well as in the periodicals "Official Gazette", "Zan", "Keden" and  WT/ACC/SPEC/KAZ/9/Rev.1 
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  "Customs Bulletin".  Pursuant to Article 18 of the Customs Code, the authorized body was entitled to 
involve all interested parties, including traders, in the developments of cu stoms-related legislation 
(e.g. the development of the Customs Code).  She added that, in accordance with Article 32 of the 
Customs Code, customs officials were legally accountable for providing accurate information. 
148. Surety bond (warranty) provisions were covere d in Article 321 and 339 of the Customs Code.  
Customs authorities had the right to carry out th e conditional release of goods, as long as customs 
duties and fees were secured in accordance with the customs value of the goods.  The deposited 
amount of customs duties and fees was normally valid for sixty calendar days.  Guarantees could take 
the form of a pledge (security); bank guarantees; deposit of the payable sum with the customs authorities; and insurance agreements.  A deposit wo uld be refunded, 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.   
149. A member of the Working Party noted that only 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 res ponse, the representative of Kazakhstan said that the 
Interpretative Notes would be included into a "C ommentary to the Customs Code of Kazakhstan" 
which would be introduced by a Government Resolution. 
- Rules of origin 
150. 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.  She stated that these rules were applied for 
both non-preferential and preferential trade.  The ru les established a uniform system for determination 
of the country of origin that allowed for the application of both tariff and non-tariff measures to 
exported and imported products.  The existing sy stem was developed by the World Customs 
Organization and covered the provisi ons of the Kyoto Convention.   
151. 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 adde d.  Several countries, customs unions, 
regions, or parts of countries could be viewed as  the country of origin, provided that this was 
justifiable for the purpose of determining the country of origin.  In response to a specific question she 
confirmed that the tariff nomenclature referred to in Article 157 of the Customs Code corresponded to WT/ACC/SPEC/KAZ/9/Rev.1 
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  the subheadings and headings of the tariff nomenclat ure mentioned in Article 2(a)(i) of the Agreement 
on Rules of Origin, adding that Kazakhstan had adopted the 2002 Harmonized System nomenclature. 
152. A member of the Working Party expressed doubts about the WTO compliance of the 
provision stipulating that origin could be prescribed  to parts of a country if there was a justifiable 
reason.  The representative of Kazakhstan replied th at a draft Law "On Amendments and Addenda in 
the Customs Code of the Republic of Kazakhstan" , would amend paragraph 2 of Article 33 of the 
Customs Code ensuring that country of origin may be prescribed only to a country, group of countries 
and to customs unions. 
153. She further noted that pursuant 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 origin was required for imports subject to preferential treatment by 
Kazakhstan, goods subject to non-tariff measures, a nd in compliance with in ternational agreements 
signed by Kazakhstan.  Certificates of origin 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 stipulated by international 
agreements signed by Kazakhstan.  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 cl earance, except for cases 
stipulated in paragraph 1 of Article 42 (i.e. if the 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 or igin within a year of the filing of the customs 
declaration.   
154. Chapter 9 (Articles 47-52) of the Customs Code  set out 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  WT/ACC/SPEC/KAZ/9/Rev.1 
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  justification if (i) the World Customs Organization adopted a binding decision that would affect 
Kazakhstan; (ii) inconsistenci es existed between the prelimin ary decision and international 
agreements signed by Kazakhstan; (iii) the Custom s Code was amended with regard to provisions 
related to preliminary decisions; (iv) administra tive violations were recorded during the decision-
making process; and (v) the decision was taken on the basis of incomplete or incorrect information provided by the applicant.  The new decision ente red into force only after the applicant had been 
notified about the amendment or nullification.  The decision may be published and provided in 
writing upon written request to any person, excluding confidential information.  The Customs Code 
had no provision prohibiting applications  before actual trade began 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 Kazakhsta n's Customs Code alongside provisions of the WTO Agreement on 
Rules of Origin, is provided in Annex 9(a). 
155. 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 A nnex II, paragraph 3(d), of the WTO Agreement on 
Rules of Origin.  Some members of the Working Pa rty stated that Kazakhstan should implement this 
and other aspects of the Agreement (e.g. right of appeal) prior to WTO accession.   
156. In response, the representative of Kazakhstan acknowledged that Article 47 of the Customs 
Code provided the right, but did not oblige the customs authorities to grant a preliminary 
determination of origin at the request of the trad er, prior to the actual shipment.  Therefore, her 
Government would introduce an amendment to the Customs Code to ensure full compliance with the 
provisions Article 2 (h) and Annex II, paragraph 3 (d) of the WTO Agreement on Rules of Origin.  
This amendment would also clearly stipulate that the preliminary decision would be applicable to both 
preferential and non-preferential trade.   
- Other customs formalities 
157. The representative of Kazakhstan said 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 customs authorities 
was automatic, free of charge, and took two work ing days.  The transaction passport contained basic 
information on foreign trade contracts and allowe d monitoring of the flow of goods and currency WT/ACC/SPEC/KAZ/9/Rev.1 
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  involved in export and import operations.  She st ressed that the key function of the transaction 
passport was to assign an identification number to th e foreign trade contract and added that data 
analysis was important for statistical record k eeping and the monitoring of foreign trade.   
158. 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 199 4.  These members of the Working Party asked 
Kazakhstan to remove the transacti on passport requirement prior to WTO accession.  In response, the 
representative of Kazakhstan emphasized that the transaction passport was by no means used for 
trade-balancing purposes or as a quantitative restric tion and, as such, could not be viewed as a 
hindrance to foreign economic activities nor as an additional burden on comme rcial relations.  She 
held the view that the transaction passport did not contradict the provisions of Article XI of the 
GATT 1994.  She added that the transaction passport requirement would remain in force after 2007.  
However, licensing/registration requirements in rela tion to currency control would be abolished in 
respect to transactions registered with passports, t hus eliminating any duplication or additional burden 
on trade.  The procedures for obtaining a transac tion passport would be simplified significantly, by 
reducing the number of required appr ovals and eliminating a number of requirements for additional 
information.  She also noted that the experience of other countries had shown that the elimination of 
the transaction passport would actually increase th e administrative burden on (small and medium-
sized) enterprises which would need to provide sta tistical reports on a much more regular basis. 
159. She noted that in order to facilitate control at the border, the Government first introduced 
electronic monitoring by creating a transacti on passport database and a Unified Automated 
Information System (UAIS).  The UAIS operated on the basis of electronic copies of customs 
declarations provided by "Accept Corporation", whic h 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 UAIS was operated by the Customs.   The Government planned to introduce an 
"Electronic Customs" project, which would implement a transition to the use of electronic customs documents.  For the time being, continued use of th e paper customs declaration would be required.  
160. Asked about the provision of confidentiality of  information, she replied that measures to 
protect confidential information were envisaged for the UAIS. 
161. 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  WT/ACC/SPEC/KAZ/9/Rev.1 
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  documentation, the granting of an exclusive licence to  provide electronic copies of those declarations 
to "Accept Corporation", the cost to the importer of obtaining such an electronic copy, and the 
requirement that importers still had to presen t a paper copy of the import declaration. 
162. 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 
163. 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. 
164. 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.1 
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  - Anti-dumping, countervailing duty and safeguard regimes 
165. 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 Measu res" 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.  Under these laws, anti-dumping, countervailin g and safeguard duties could only be introduced when there 
was evidence that serious damage had been incu rred or had threatened domestic producers of a like 
product.  These measures could be implemented fo r a limited term, sufficient to allow domestic 
producers to adapt to the competitive environmen t.  The authorized body for conducting an 
investigation concerning trade remedy measur es was the Committee on Trade Regulation under the 
Ministry of Industry and Trade.   
166. The Law "On Antidumping Measures" had been ame nded in line with the provisions of the 
WTO Agreement on Implementation of Article VI of the GATT 1994 (the WTO Anti-dumping 
Agreement).  The term "normal price" had been replaced by "normal value" and the concept of ordinary course of trade had been modifi ed in line with the Agreement.  The de minimis dumping 
margin had been reduced from 5 to 2 per cent, in  accordance with the Ag reement.  To ensure 
transparency and confidentiality, the authorized body would be required to make written evidence, 
presented by one interested party, promptly availabl e to other interested parties participating in the 
investigation, with the exception of confidential in formation.  Investigations should last for a year 
and, if necessary, could be prolonged for another six months.  Notifications on the introduction of 
anti-dumping measures would be made in the official media.  
167. 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 
of the Law had been brought in conformity with the provisions of Article 8 of the WTO Agreement 
on Subsidies and Countervailing Measures with regard to non-specific subsidies. The new  WT/ACC/SPEC/KAZ/9/Rev.1 
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  amendments had introduced provi sions for holding cons ultations 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.   
168. 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 e nhance 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 provi sion providing for a 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 9 (b), (c) and (d).   
169. Asked about the review procedures for an  anti-dumping case, the representative of 
Kazakhstan replied that the review was carried out  by courts, which were neutral and independent 
from the executive power, like the judicial review 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.   
170. She added that the Law "On Anti-Dumping" sti pulated that 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 
Procedural Code set forth the general procedur es for filing a complaint in court to review 
administrative actions.  Pursuant to Articles 15 a nd 118 of the Civil Procedural 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 
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 Procedural 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 dural Code civil cases of citizens who had 
not established juridical personhood and were involve d in entrepreneurial activities were reviewed by WT/ACC/SPEC/KAZ/9/Rev.1 
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  specialized district-level economic courts (except fo r cases subject to review by oblast-level courts 
and the Supreme Court). 
171. [The representative of Kazakhstan confirmed that Kazakhstan had br ought its legislation 
concerning anti-dumping, counterva iling and safeguard measures into full conformity with the 
relevant WTO provisions, including Article VI a nd  XIX of the GATT 1994 and the Agreements on 
the Implementation of Article VI, the Agreemen t on Subsidies and Countervailing Measures and the 
Agreement on Safeguards.  After such legislati on was implemented, Kaza khstan would only apply 
any anti-dumping duties, countervailing duties and saf eguard measures in full conformity with the 
relevant WTO provisions.  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 
172. The representative of Kazakhstan said that expor t tariffs were established by Government 
Resolution No. 841 of 5 June 2000.  In addition, Resolution No. 1036 "On Imposition of Customs Duties upon Export from the Customs Territory of the Republic of Kazakhstan on Goods produced 
from Crude Oil" of 15 October 2005 had replaced th e previously-existing seasonal export bans on 
mazut, diesel, gasoline and other oil products by export duties on petroleum products.  Resolution 
No. 5 "On Amendments and Addenda to the Reso lution 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.  
Thus, export duties in Kazakhstan were applie d to goods used as raw materials for domestic 
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.    
173. She added that Kazakhstan a pplied export duties on a MFN basis, except for exports to 
member-States of the Customs Union between Kaza khstan, Belarus, the Russian Federation, the 
Kyrgyz Republic and Tajikistan.  She further not ed that the Agreement between Kazakhstan and the 
European Union on Trade in Certain Steel Products (Article 2 paragraph 3) had abolished quantitative 
restrictions, customs duties, charges or any simila r measures on the export of ferrous scrap and waste 
falling under heading 7204 of the EC Combined No menclature.  Export duty rates are provided in 
Table 8.  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 67 
 
 
  Table 8: Rates of export duties applied by Kazakhstan   
HS number Description of Goods* Duty rate 
(in per cent of customs 
value) 
4101 Raw pelts of cattle (including buffalos) or 
animals of horse family (vapored 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 (vapored 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 1в for this group. 20, but not less than  
€200 per 1,000 kg 
4103 Other raw skins (vapored 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 
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. 64.9 
2710 19 610 0 - 2710 19 690 0 Hard distillates: liquid fuels. 43.3 
* The goods nomenclature is determined both by code and by description of goods. 
** Rates of export customs duties not applied with resp ect to goods exported to the customs territory of the 
European Union countries, which were the countries of destination in these cases. 
*** Excluding hard distillate liquid fuel. WT/ACC/SPEC/KAZ/9/Rev.1 
Page 68  
 
  174. 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 with  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 concerning 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 consis tency of this measure with Article XXIV of the 
GATT 1994.   
175. The representative of Kazakhstan replied that export duties were applied on a very limited 
number of goods mainly for regulatory and fiscal pur poses and, as such, did not violate 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 
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.    WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 69 
 
 
  176. She added that export duty exemptions applie d only towards member-States of the Customs 
Union and were applied in accordance with Article  XXIV of the GATT 1994.  She also stressed that 
export duties had already been applied prior to  the creation of the Customs Union and their 
elimination vis-à-vis member-States of the Cust oms Union had been undertaken in accordance with 
Article XXIV of the GATT 1994.  She acknowledged th at export duties were applied to exports to 
other CIS countries, which were not members of the Customs Union but noted that these were 
governed by separate provisions (i.e. the Free Trad e Area of CIS member-States of 15 April 1994), 
which allowed for certain exemptions.  In her view, export duties were legitimate trade policy 
instruments which were not prohibited by the WTO Ag reements.  She confirmed that from the date of 
WTO accession, Kazakhstan would apply export du ties on a non-discriminatory basis to all WTO 
Members, with the exception of goods exported to members-States of the Eurasian Economic 
Community (EurAsEC).  She also confirmed that Ka zakhstan would fulfil its transparency obligations 
under Article X of the GATT 1994 and, in this regard , would publish information on export duties and 
their amendments in the official media.   
177. 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. 
178. 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).  
179. 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 WT/ACC/SPEC/KAZ/9/Rev.1 
Page 70  
 
  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. 
180. 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 
181. The representative of Kazakhstan said that Kazakhstan maintained a number of export 
restrictions applied in accordance with Article XI .2 of the GATT 1994.  Export restrictions were 
imposed pursuant to Government Resolutions No. 43 8 "On Export of Diesel Oils" of 20 April 2004, 
No. 1243 "On Introduction of Restrictions on Im port and Export of Goods" of 5 December 1998, 
No. 785 "On Some Issues of Forest Utilization" of  16 July 2002, and No. 1163 "On Amendments and 
Addenda to the Government Resolution No. 78 5 of 16 July 2002" of 21 November 2003.  
Furthermore, pursuant to the agreement conclude d with the European Union 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.  A list of goods subject to export restrictions is 
provided in Annex 10 (a).  
182. 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 
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 the th reat of extinction, listed in Annexes I, II and III 
of the Convention on international trade in speci es of wild flora and fauna, was subject to export 
permits issued by the CITES in Kazakhstan. 
183. 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 pr ovisions, including Article XI of the GATT 1994.  
The representative of Kazakhstan replied that Kaza khstan would amend its ex isting legislation to 
bring export restrictions in compliance with the pr ovisions 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,  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 71 
 
 
  diesel, gasoline and other oil products had been replaced by export duties on petroleum products 
through Resolution No. 1036 "O n Imposition of Customs Duties upon Export from the Customs 
Territory of the Republic of Kazakhstan on Goods produced from Crude Oil" of 15 October 2005.  
She confirmed that from the date  of accession Kazakhstan would not apply export restrictions 
contradicting the provisions of the GATT 1994.   
184. Some members of the Working Party noted that, although minimum export prices had 
previously been eliminated, it app eared that the authorities were still operating a system with a similar 
effect.  The representative of Kazakhstan replied that  Government Resolution No. 994 of 19 July 1997 
had eliminated contract registration at the comm odity exchange, and that Kazakhstan did not apply 
minimum export prices.   
185. 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 8 (a) and 8 (b)).  She 
further noted that, pursuant to Kazakhstan's obligatio ns ensuing from its membership in international 
agreements on non-proliferation of nuclear materi als, technologies, armaments and weapons of mass 
destruction, her Government had adopted Resolu tions No. 1919 of 14 December 1999 and No. 1282 
of 18 August 2000.  Annex 10 (b) provides a list of goods subject to export licensing requirements 
ensuing from Kazakhstan's obligations  under bilateral agreements signe d with the European Coal and 
Steel Community (steel) and the European Economic Community (textiles). 
186. 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).  
- Export subsidies 
187. 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 WTO Agreement on Subsidies 
and Countervailing Measures.   
188. 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.  WT/ACC/SPEC/KAZ/9/Rev.1 
Page 72  
 
  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, shoul d not be considered as subsidies within the 
meaning of Article 1 of the WTO Agreement on Subsidies and Countervailing Measures.     
189. A member of the Working Party noted that  Kazakhstan applied a system of decreasing 
(discount) coefficients on tariffs for railway tran sportation (Annex 11), which appeared to provide 
tariff reductions to producers of sulphuric aci d and 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 Article 3.1 of the WTO Agreement on Subsidies 
and Countervailing Measures.  This member of th e Working Party asked Kazakhstan to demonstrate 
how it planned to bring this program into compliance with WTO provisions. 
190. 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 
2005 and 2006 for the transportation of sulphuric acid by JSC "KazZink" (Order of the Chairman of 
the Agency No. 53-OD of 16 February 2005) but main tained that the coefficient applied in a non-
discriminatory manner for both export and domestic d estinations.  Sulphuric acid was exported to the 
Kyrgyz Republic and the Russian Federation.  In 2005-2006, temporary decreasing (discount) 
coefficients had not been applied to the trans portation of iron ore produc ts in Kazakhstan.   
191. 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).  
In line with the Program on Railway Transport Restructuring for 2004-2006 and pursuant to Order No. 375-OD of 8 September 2004, new rules govern ing the establishment and discontinuation of  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 73 
 
 
  temporary decreasing coefficients on tariffs for ma in-line railway 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 actual 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 importa nt (see also section on "Pricing Policies"). 
192. 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.   
C. INTERNAL POLICIES AFFECTIN G FOREIGN TRADE IN GOODS  
- Industrial policy, including subsidies  
193. The representative of Kazakhstan said that the le gal basis for providing preferential treatment 
to industry in Kazakhstan was contained in Law No . 373 "On Investments" of 8 January 2003; Law 
No. 2823 "On Special Economic Areas in the Republic  of Kazakhstan" of 26 January 1996; the Tax 
Code; the Customs Code; Resolution No. 397 "On Cr eation of Small Business Development Fund" of 
26 April 1997; the Resolution "On the Concept of Development of the Joint Stock Company 'Small 
Business Development Fund' for 2005-2007" of 28 April 2005; 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. 
194. 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 Kazakhs tan 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-II 
"On Investments" of 8 January 2003.  She acknowle dged that tax preferences that had been granted 
prior to the adoption of the new Law on "On Invest ments" would be in effect until the expiration of 
the terms of the contracts signed between the author ized body and investors.  She added that the new 
Law did not contain requirements concerning the mini mum volume of investment to be made in order 
to be eligible for investment preferences.  Th e new Law did not contain any provisions that made WT/ACC/SPEC/KAZ/9/Rev.1 
Page 74  
 
  investment incentives contingent upon export or impor t substitution.  Therefore, she held the view 
that these preferences did not constitute prohibited e xport subsidies in the meaning of Article 3.1 of 
the WTO Agreement on Subsidies and Countervailin g Measures (SCM Agreement).  She confirmed 
that Law No. 373-II "On Investments" of 8 January  2003 did not contradict Article 3 of the WTO 
SCM Agreement (also see section on "Investment Regime " for information on the set of criteria used 
for granting investment incentives). 
195. 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 s ought 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 
noted that preferential (soft) loans appeared to be  provided to certain industries for export promotion 
or import substitution purposes.   
196. The representative of Kazakhstan replied that, pursuant to Law No. 373-II "On Investments" 
of 8 January 2003, the government provided support fo r private investment projects in priority sectors 
of the national economy, such as chemicals, meta llurgy, machinery, textiles, furniture, paper, 
pharmaceuticals, agriculture, transport services and in frastructure.  The government granted (under 
contracts concluded between the authorized body and investors) tax preferences and customs duty 
exemptions for imported equipment and components. 
197. Concerning regional subsidies, the represen tative of Kazakhstan confirmed that, in 
accordance with Law No. 357-1 "On Budgetary Syst em" of 1 April 1999, regional subsidies were 
official transfers from higher-level to lower-lev el budgets, received within limits of approved 
amounts, for the purpose of carrying out governmental  activities, e.g. creating local infrastructure, 
running schools, making social income support paym ents unrelated to the production of goods, etc. 
198. 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 in 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 -  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 75 
 
 
  namely, a 100 per cent tax reduction had applied if at least 90 per cent of their 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).  Howe ver, this provision had been eliminated by the Law 
"On Amendments and Addenda to Legislative Ac ts of the Republic of Kazakhstan on Taxation 
Issues" of 22 November 2005. 
199. 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, provided that  they fulfilled certain criteria (also see section on "Free zones, 
special economic areas"). 
200. 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 more than 50  per cent domestic components it was considered as 
wholly obtained in Kazakhstan.  In turn, dom estic goods benefited fo rm VAT and import duty 
exemptions.  Currently only JSC "AZIA-AUTO" bene fited from exemptions under this regime until 
2009 (see also section on "Trade-related investment measures").  
201. She added that JSC "Small Business Devel opment Fund" had been established in 1997 with 
the aim to stimulate economic growth.  The Fund w as 100 per cent state-owned.  Pursuant to Law "On 
Private Entrepreneurship" of 31 January 2006, th e main objectives of the Fund were (i) project 
financing; (ii) the development of networks of mi cro-crediting organizations with the participation of 
small entrepreneurs; (iii) the creation of a micr o-crediting system for small businesses by second tier 
banks; (iv) the development of financial leasing; (v ) the provision of training and consultancy services 
for small businesses; and (vi) the development of a co-funded grant system for the introduction of 
quality management systems for small businesses.  As  of 1 April 2006, the Fund had implemented the 
following support programs – an EBRD credit line for small entrepreneurship (budget of 
US$50 million with a 2 per cent margin for the Fund ); an ADB Program Loan for the Agricultural 
Sector (budget of US$50 million, annual interest ra te at 11 per cent); the "Program of Support of 
Local Producers" (budget of US$22.7 million, interest charged at 12 per cent); the "Program on 
Crediting of Small Entrepreneurship (includi ng female entrepreneurship)" (budget of 
KZT 300 million, interest charged at 12 per cen t); and the "Program on Development of Small 
Towns" (budget of KZT 1.5 billion, interest charged at 7 per cent). 
202. 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 WT/ACC/SPEC/KAZ/9/Rev.1 
Page 76  
 
  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.  
Once established, decreasing coefficients for transportati on of a particular type of goods applied to all 
entities (consignors) transporting these goods, and we re valid for all destinations – domestic, for 
importation, or for exportation.  In 2006, the Agen cy had introduced (i) a 0.85 discount coefficient for 
the transportation of cargo meeting certain specific criteria, and a 0.7 discount coefficient for the 
return of empty containers meeting certain speci fic criteria, along the Lokot-Almaty 1 and Lokot-
Almaty 2 lines; (ii) a 0.5 discount coefficient for the transportation of sulphuric acid by JSC "KazZink".  Sulphuric acid was exported to the Kyrgyz Republic and the Russian Federation; 
(iii) a 0.5 discount coefficient for internal and in ternational (export-import) transportation of fresh 
vegetables, fruit, berries, perishable melons and gourds; and (iv) a 0.01 discount coefficient for the 
transportation services of the passenger operators  JSC "Passazhirskie perevozki", JSC "Prigorodnie 
perevozki" and JSC "Zholserik Almaty".  
203. In response to concerns raised by some memb ers of the Working Party, the representative of 
Kazakhstan reiterated that the procedure for gran ting discount coefficients under Order No. 24-OD 
had not been contingent upon export performance an d had been applied to transportation of goods for 
both domestic consumption and export.  Therefor e, she held the view that granting discount 
coefficients could not be viewed as a prohibited expo rt subsidy within the meaning of Article 3 of the 
WTO SCM Agreement and Article XVI of the GATT 1994.  In response to a specific question, she 
clarified that a "0.8 decreasing coefficient" me ant a 20 per cent main-line railway network tariff 
discount.  Information on decreasing (discount) coeffi cients on tariffs for railway transportation in 
2002 and 2003 is provided in Annex 11 ( see also section on "Export Subsidies).  
204.   She added that, in 2004, decreasing (discount) co efficients had also been applied to electrical 
power distribution through OJSC "KEGOC".  Info rmation on decreasing (discount) coefficients 
applied to electrical power distribution thr ough OJSC "KEGOC" is provided in Annex 12. 
205. 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 WTO SCM Agreement.  Kazakhstan was also 
asked to confirm that the financing provided by ExImBank conformed 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,  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 77 
 
 
  pursuant to Presidential Decree No. 1815 of 16 July  1994, the main function of ExImBank consisted 
of borrowing on international capital market s under 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.  Ex ImBank financed Kazakh companies with the aim to 
stimulate imports of technology, equipment and ot her products essential for structural reforms in the 
real sector; it also provided financial assistance to co mpanies which were in crisis and 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 
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.  
206. 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 WTO Agreement on Subsidies and Countervailing Measures.  In response, the 
representative of Kazakhstan said that "Kazphosphat" Ltd. was active in a priority sector of the 
economy and, as such, received investment prefer ences on corporate income tax (50 per cent until 
31 August 2008), property tax (50 per cent until 2007)  and land tax (50 per cent 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 use of domestic over 
imported goods but were based on the strategic impor tance of the industry for the national economy.  
In her view, these tax measures fell under the defin ition of a "specific subsidy" in the meaning of 
Article 2 of the WTO SCM Agreement.  
207. Some members of the Working Party request ed Kazakhstan to provide comprehensive 
information on subsidies that would have to be  notified under Article 25 of the WTO Agreement on 
Subsidies and Countervailing Measures.  In par ticular, a member of the Working Party enquired 
whether there had been any administered programm es, other than the one described in Annex 11, 
which met the definition of a specific subsidy.   The representative of Kazakhstan replied that WT/ACC/SPEC/KAZ/9/Rev.1 
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  Kazakhstan was currently reviewing its industrial s ubsidy policy in order to determine the existence 
of any specific subsidies other than  the one described in Annex 11.   
208. [The representative of Kazakhstan confirme d that any subsidy programmes would be 
administered in line with the Agreement on Subsidies 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 Measures in accordance with Article 25 of the 
Agreement upon entry into force of Kazakhstan's Pr otocol of Accession. The Working Party took note 
of this commitment.]  
- Technical barriers to trade, standards and certification 
209. 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 "On Ce rtification" 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, including inter alia  national treatment, transparency, and priority consideration given to 
international standards in drawing up domestic technical regulations a nd standards.  This Law was the 
basis for the development of technical regula tions, standards, procedures for recognition of 
conformity assessment and accreditation; it aimed at striking a balance between the degree of government intervention and the goal of protecting the public.  In addition, the Law ensured that 
international agreements, ratified by Kazakhstan, had priority over national legislation.  She added 
that existing legislation in this area would be brou ght into conformity with the provisions of the Law 
"On Technical Regulating" and the provisions of th e TBT Agreement.  To th is end, Kazakhstan had 
prepared a draft Program which foresaw the deve lopment of five new laws ("On Electromagnetic 
Compatibility", "On Safety of Toys", "On Safety of  Chemical Products", "On Safety of Machines and 
the Equipment" and the Law "On Safety of Food Products" which would replace the Law "On Quality 
and Safety of Food Products") and the amendment of  33 existing laws.  In addition, new regulatory 
acts on technical regulation would be developed a nd existing ones would be revised.  She held the 
view that the provisions of the national legislati on in this area could not constitute a barrier to 
international trade.  
210. 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  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 79 
 
 
  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 
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. 
211. 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 Gosstandard was the only 
authorized state body in charge of administeri ng work and issuing standards in the field of 
standardization, metrology and certification.   
212. Concerning conformity assessment, she said that the Law "On Technical Regulating" 
provided for (i) "conformity recognition" – a do cument confirming that a product was safe for 
consumers; and (ii) "accreditation" – an official  recognition by a relevant body in charge of 
conformity recognition.  Conformity recognitions c ould be (i) mandatory – by a certification of an 
accredited certification body or a producer's decl aration of conformity (for products subject to 
technical regulation requirements); and (ii) voluntary – by a certification or an applicant's declaration 
that the products, services or processes met the require ments of technical regulations or contracts (for 
products not subject to mandatory conformity rec ognition).  A declaration could be prepared on the 
basis of evidence collected by the applicant alone  or on the basis of evidence obtained with the 
participation of a conformity assessment organizati on.  The declaration of conformity had to be 
registered with the relevant accredited conformity  recognition organization and was valid – similarly 
to a conformity certificate – on the entire territory of Kazakhstan.  Currently, mandatory certification 
applied to 24 product groups while conformity r ecognition by declaration was applicable to eight 
product groups (Annex 13(a) and 13(b)).  As new te chnical regulations were  developed and adopted, 
the list of products subject to mandatory conform ity recognition would progressively be reduced and 
eventually eliminated.  She added that a unifo rm conformity recognition was performed by all 
relevant bodies and laboratories and applied to a ll products; a uniform accreditation procedure for WT/ACC/SPEC/KAZ/9/Rev.1 
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  laboratories and bodies involved in conformity r ecognition activities had also been approved ("Rules 
on Conformity Recognition and Accreditation Work  Involving Governmental Bodies, Technical 
Committees on Standardization and Conformity R ecognition Bodies" approved by Order No. 136 of 
the Committee on Technical Regulating and Metrolog y of the Ministry of Industry and Trade of 
13 May 2005).  The national sta ndard ST RK 3.4-2003 described the organizational 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 13(c) 
and conformity recognition schemes (m odules) are listed in Annex 13(d). 
213. 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 Technical Regulating and Metrology 
Committee 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 "The  Order of the Examination of Appeals", an appeal 
had to be filed in writing, enclosing all relevant 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 within the following ten days. 
214. She added that any domestic or foreign orga nization could act as a conformity recognition 
organization or a test laboratory as long as it ha d received accreditation in accordance with the 
established rules.  Certification bodies or laborat ories were not allowed to operate (e.g. issue 
conformity assessments) outside of 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 of the Ministry of Industry and 
Trade.  Foreign conformity certificates, test prot ocols, accreditation certificates, and other documents 
issued by foreign accreditation bodies would be recognized in accordance with international 
treaties/agreements.  In the absence of international treaties/agreements, test results issued by foreign 
authorized bodies would only be recognized thr ough the accreditation of these foreign bodies in 
Kazakhstan's national accreditation system, in line with Article 6.1 of the TBT Agreement.   
215. A member of the Working Party expressed concerns regarding the application of 
Kazakhstan's conformity assessment procedure in pr actice, notably in the case of pharmaceuticals.  
This member of the Working Party noted that the resulting process seriously distorted trade, as it was 
time consuming and costly, an as such was incompa tible with the TBT Agreement.  This member of 
the Working Party also asked Kazakhstan to pr ovide information on international conformity 
assessment bodies whose certificates were recognized in  Kazakhstan.  In response, the representative  WT/ACC/SPEC/KAZ/9/Rev.1 
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  of Kazakhstan said that conformity certificates were  mutually recognized in accordance with signed 
international agreements.  At present, such mutu al recognition agreements existed only with CIS 
countries.  Conformity certificates were also recognized if issued by a foreign authorized body, 
accredited in Kazakhstan's national certification sy stem.  She added that internationally-recognized 
certificates did not exist.  She also acknowledged th at 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 certify individual consignments.  The same certification 
rules and procedures were applicable to  both imported and domestic goods.    
216. Some members of the Working Party sought information on the requirement to receive 
separate permissions 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.  The representative of Kazakhstan replied that these requirements 
were legally justified under Article 2 of the WTO TB T Agreement, namely the objective to protect the 
health and safety of people or animals.  These pr ocedures were mandatory for importers, as well as 
domestic producers, for the transportation of goods s ubject to state veterinary control or included in 
the official list of products requiring mandatory certification.  
217. Some members of the Working Party noted the ex istence of standards agreements with China 
and Turkey and asked whether the provisions of  these agreements would be applied on a most-
favoured-nation basis.  In response, the representativ e of Kazakhstan stated that there was a Protocol 
of Cooperation with the Turkish In stitute of Standards of 6 March 1996 and an Agreement with China 
on cooperation to provide quality and mutual inspecti on of import-export goods of 5 July 1996.  She 
said that Kazakhstan was ready to negotiate an  agreement with any WTO Member regarding 
standards.  She confirmed that upon WTO accessi on, Kazakhstan would provide WTO Members with 
MFN treatment in relation to the application of technical barriers to trade.   
218. 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 Telecommunication" would be brought into conf ormity with the Law "On Technical Regulating".  WT/ACC/SPEC/KAZ/9/Rev.1 
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  219. With regard to measures taken to address the transparency and publication requirements of 
the TBT Agreement, the representative of Kazakhstan said that the TBT/SPS enquiry point 
(Information Centre), had been in operation since Ja nuary 2003.  Any interested party could approach 
the enquiry point for information.   Draft tec hnical regulations were de veloped and examined by 
expert boards on technical regulation, which in cluded representatives of government bodies, public 
unions, scientific unions and Kazakh enterprises.  Such boards had already been set up under the 
auspices of 14 ministries and government agencies.  Draft technical regulations were notified within 
one month of their elaboration and interested parties could submit comments on the draft within 60 calendar days.  As for standards, these were de veloped by technical committees on standardization, 
which included government representatives and inter ested parties.  Comments were taken into account 
in the process of finalizing draft technical regula tions and standards, and the agreement of all 
interested parties was sought.  All interested partie s could request copies of dr aft standards, technical 
regulations and conformity assessment procedures, as well as copies of the comments received on a draft.  Following review and approval at the in ter-agency committee level, the draft would be 
submitted to the Government and then to Parliament  for approval.  Once adopted by Parliament, the 
technical regulation would be published in the "Code  of Normative Acts of the President of the 
Republic of Kazakhstan and Governme nt of Kazakhstan", the republican level newspaper, the official 
publication of the authorized body, and on the web.    A draft Plan on the development of standards 
was printed in the monthly "Informational Catal og (register) of Standards" (ICS), published by 
Gosstandard (the authorized body) to enable inter ested parties to submit comments on drafts.  Drafts 
were published in the official publication of Gossta ndard and electronic versions were available from 
www.memst.kz
.  In addition, Gosstandard had two subordi nate state enterprises – the Kazakh Institute 
of Standardization and Certification, and the Kazak h Institute of Metrology – which issued periodic 
publications ("Gosstandard News", "Metrology", an d "Monthly Informational Index of Standards").  
She added that whenever technical regulations did no t meet the requirements of relevant international 
standards, such international standards did not ex ist, or the requirements were likely to affect 
import/export conditions, the relevant authority provided information justifying the need for the 
particular technical regulation and notified the list of products concerne d.  Detailed information on the 
provisions that did not meet the requirements of international standards would be provided through 
the enquiry point (Information Centre) to interested  parties, including foreign countries, upon request. 
220. 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.    WT/ACC/SPEC/KAZ/9/Rev.1 
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  221. The representative of Kazakhstan replied that Kazakhstan was working on the harmonization 
of existing standards with international ones.   In 2004 and 2005 Kazakhstan had harmonized 197 and 
290 standards respectively.  As part of the ongoing wo rk on harmonization, an analysis of the existing 
normative framework (standards) had been undertaken in  the areas of food, light, oil and gas, tourism, 
transportation and metallurgy.  A list of standard s harmonized in 2004 is provided in Annex 13(e).  
222. The representative of Kazakhstan stated that, upon accession, Kazakhstan aims to be in full 
conformity with the TBT Agreement.  
223. 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.  
- Sanitary and phytosanitary measures 
224. 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 
Measures (SPS Agreement).  To this end, a number  of new Laws had been adopted, including Law 
No. 543-II "On Quality and Security 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. 339-II "On Veterinary" of 10 July 20 02 and Law No. 344-I "On Plant Quarantine" of 
11 February 1999.  Other relevant legislation incl uded the Law "Environmental Protection".  A draft 
Law "On Safety of Foodstuff", whic h included provisions on risk as sessment, had been submitted to 
Parliament.   
225. 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 a nd approving regulatory acts, government agencies sought the consent 
of the authorized body on sanitary and epidemiological  welfare.  The Department of Veterinary of the 
Ministry of Agriculture was the authorized body in  charge of veterinary control, including the 
development and approval of rules a nd regulations in this area.  In addition, the veterinary control 
framework included (i) the zone branches; and (ii)  the oblast and rayon branches of the authorized 
body.  The Department on Phytosanitary Safety of th e Ministry of Agriculture was responsible for the 
development of state policy in the area of plant quarantine and for the development of rules and WT/ACC/SPEC/KAZ/9/Rev.1 
Page 84  
 
  regulations on phytosanitary measures.  In add ition, the phytosanitary control framework included 
(i) state quarantine institutions; (ii) the state enterp rise "Phytosanitary"; (iii) state inspection branches 
of oblasts and Astana and Almaty; (iv) phytosanitary inspectors of rayon (city) territorial 
administrations; and (v) border checkpoints and posts of phytosanitary control.  
226. 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 study results and incorporated provisions of international norms, guidelines and 
recommendations (FAO, WHO, ILO, the Codex Alimen tarius Commission, etc.).  The legislation 
covered equally domestically pro duced products and imported products  designated for domestic use.  
Under the Law "On Sanitary and Epidemiolo gical Welfare", the setting of sanitary and 
epidemiological norms applied only to the extent necessary to prevent all environmental hazards to 
human life and health, ensuring product safety and el iminating factors favourable to the outbreak and 
spread of infectious and parasitic diseases, as well as those that could cause food and professional 
poisoning.  She added that, in accordance with the "State Program of Development and Reformation 
of Healthcare System for 2005-2010", standards had to comply with all relevant WTO provisions. 
227. Kazakhstan was party to a number of agreem ents on sanitary and phytosanitary measures 
within the framework of the Eurasian Economic  Community (Russian Federation, Kazakhstan, 
Belarus, Kyrgyzstan and Tajikistan), as well as  within the framework of the Commonwealth of 
Independent States (CIS).  
228. With regard to food safety, she said that the process of recognizing the equivalence of other 
counties' sanitary measures was initiated at the request  of the exporting country.  Bilateral agreements 
on equivalence recognition we re concluded on the basis of bilate ral consultations with the exporting 
country.   
229. Pursuant to Order No. 841 "On Adoption of Rules for Sanitary and Epidemiological 
Inspection" of 14 November 2003, a shipment of goods was certified for conformity with sanitary 
norms and rules before or after entry into Kazakhstan.  The state bodies on sanitary and epidemiological control were in charge of issui ng a final sanitary and epidemiological conclusion and 
of requisitioning risk assessment studies.  The sanita ry and epidemiological conclusion was issued on 
the basis of a detailed report and an expert conclu sion prepared by the sanitary and epidemiological 
service, which carried out the risk assessment st udies.  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 a nd the effect on human health; (iii) analysis of  WT/ACC/SPEC/KAZ/9/Rev.1 
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  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 tec hnical documentation. Risk analysis for newly 
developed food products was obligat ory.  Sampling, laboratory testing and reporting procedures were 
established under relevant guidelines and national testing standards.  When performing an inspection, 
the authorities had to take into account the product sa fety certificate, the hygienic certificates (sanitary 
and epidemiological conclusions) or other documents  confirming the safety of products issued by the 
authorized bodies of the exporting country.  When issued, the sanitary and epidemiological conclusion became valid on the entire territory of Kazakhstan a nd had to be presented upon request.  Sanitary and 
epidemiological requirements for risk assessment  and approval procedur es applied equally to 
domestic and imported products.     
230. Registration with the relevant state bodies was compulsory for potentially hazardous imported 
substances, which were introduced in the production cycle for the first time, and for which no record 
of their previous use existed (Article 16 of the Law "On Sanitary and Epidemiological Welfare").  
Pursuant to Article 7 of the Law "On Quality and Sa fety of Food Products", registration also applied 
to food additives and biologically active dyes, as well as products and materials whose use involved 
direct contact with water or food products, if in troduced in the production cycle for the first time.  
During the registration process the authorities had to  take into account the results of an expert 
scientific evaluation; an objective conformity assess ment in line with acting sanitary regulations and 
hygienic norms; and certain special measures regula ting the use and disposal of such substances.  
Pesticides had to undergo registration and producti on tests, carried out by research (and other) 
organizations of Kazakhstan .  Pesticides also had to be accompanied by test documents approved by 
oblast administrations of the Ministry of Agricu lture, 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 Ministry  of Agriculture No. 432 of 26 December 2002.  
Registration tests were necessary for the developmen t of regulations and the examination of their 
application (use). Production tests were necessary for the verification of the biological stability and 
the economic efficiency of recommended rates of s ubstance use in the production process.  The period 
necessary for registration and production tests was two to three years.  Applications for registration 
tests were refused for pesticides containing highly to xic agents, as well as for prohibited pesticides.  
Pesticides registered in the Register of Potentia lly Hazardous Substances, as well as those included in 
the "List of Pesticides Prohibited from Applicati on on the Territory of the Republic of Kazakhstan", 
did not require registration.  WT/ACC/SPEC/KAZ/9/Rev.1 
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  231. With regard to animal health, she said th at Kazakhstan had been a member of the 
International Office of Epizootics (OIE) since 1993  and had undertaken to harmonize its national 
legislative framework with the requirements of  the International Animal Health Code.   
232. 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 protec tion for animals and humans (in accordance with the provisions of 
Article 8, paragraph 18 of the La w "On Veterinary").  Kazakhstan required a veterinary certificate 
which verified the conformity of imported products and raw materials of animal origin with domestic 
veterinary requirements.  Veterinary safety requi rements were contained in the relevant regulatory 
legal acts in the area of veterinary, and were available publicly.  
233. 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 asse ssment studies and of  
taking appropriate action on the basis of the resu lting reports and laboratory research.  The 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.  
234. Restrictions or bans on imports of animal products could be intr oduced or lifted by instruction 
of the Senior State Veterinary Inspector (or his/her Deputy) based on the available official 
information provided by the OIE or the central body of the State Veterinary Service of the relevant 
exporting country.  When restrictions by Kazakhsta n were to be lifted, the representative of the 
Department of Veterinary could, where necessary, inspect the territory (producers) of the exporting 
country.  The Veterinary Service notified the OI E prior to taking any veterinary measures.  
Kazakhstan's veterinary service informed the countri es concerned about all newly introduced or lifted 
restrictions (bans) through their veterinary servi ces.  Information on restrictions that had been 
introduced was also published at www.minagri.kz
.  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 87 
 
 
  235. The import and export of goods subject to veteri nary control required an  import/export permit 
issued by the authorized body on veterinary (the Department of Veterinary of the Ministry of 
Agriculture) upon recommendation of its territorial bran ches.  To obtain an import permit, traders had 
to apply in writing to the releva nt territorial branch since the epizootic and veterinary-sanitary 
conditions of the region were under the control of the Senior State Veterinary Inspector of the relevant 
region (as well as for the convenience of traders).  The application 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 Kazakhstan, storage place, quarantine conditions, processing, and sale period.  This information had to be submitted in the original language, acco mpanied by a translation 
in Kazakh or in Russian.  The oblast (city) territo rial branch considered the application within 
15 days, taking into account the instructions of the Department of Veterinary, which were prepared on 
the basis of information provided by the OIE on th e epizootic situation of the exporter-country.  The 
Senior State Veterinary Inspector of the regional (oblast) branch informed the applicant about the 
specific veterinary requirements affecting the im ported goods and forwarded the import request to the 
authorized body on veterinary.  The authorized bod y issued the import permit within five days, but 
could also refuse a permit by written justification.  At the border, the goods, as well as the veterinary 
certificate and permit, were inspected by a veterinary  inspector.  The veterinary inspector informed 
the relevant oblast branch of the authorized body (a t the border) about the results of the inspection of 
the product subject to veterinary control and about th e final destination of the product.  Pursuant to 
paragraph 2 of Article 17 of the La w "On Veterinary", the actions (or failure to act) of veterinary 
inspectors could be appealed to higher state veteri nary bodies and/or in court.  Upon arrival at 
destination, the head of the oblast branch took sam ples from the goods and sent them to the veterinary 
centre for testing.  This procedure was obligatory for imported animals, as well as for products and 
raw materials of animal origin.  Based on the repor t of the testing centre the regional (oblast) branch 
took a final decision concerning the imported products.  A list of goods subject to  veterinary control is 
provided in Annex 14(a). 
236. The veterinary certificate, which verified the c onformity of imports with domestic veterinary 
requirements, was not a prerequisite for receiving a permission to import.  The veterinary certificate 
was issued on the territory of the exporting country upon the actual exportation of the goods.  At the 
border, the exporting country's veterinary certificate was replaced by a Kazakh veterinary certificate, issued by a state veterinary inspector, which was recognized on the territory of Kazakhstan.  This 
procedure was free of charge.  Veterinary certificat es were replaced because the original certificates 
were in a foreign language.  Certificates were  not replaced for goods imported from CIS countries 
signatories to the 2003 Agreement on Cooperation in th e Veterinary Field.  As imported goods were WT/ACC/SPEC/KAZ/9/Rev.1 
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  under the control of the State Inspector of the given territory for the period of their intended use (sale, 
processing), there was no risk that the foreign prod uct would be re-labelled as a Kazakh product.    
237. The transit of products subject to veterinary control was regulated by international agreements 
on co-operation in veterinary and did not require any special permit,  if accompanied by an original 
[product safety] veterinary certificate of the exporting  country and if in conformity with requirements 
on packaging, integrity and consis tency of marking with accompanying documents.  The transit of 
live animals was an exception.  It could be perform ed only with a written authorization by the Senior 
State Veterinary Inspector upon request of the central veterinary body of the importing country, 
accompanied by an indication of entry/exit point s, transportation routes and feeding points. 
238. 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 14 (b). 
239. 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 Protection Organization and the WTO SPS Agreement.   
240. 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.   
241. With regard to phytosanitary risk assessment, scientists from plant protection research 
institutes, jointly with specialists from the Russian Plant 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.  The assessment of  phytosanitary risk reduction allowed for the 
selection of specific phytosanitary (quarantine) me asures in accordance with the specificities of the 
quarantined species.  Phytosanitary risk analysis comprised of (i) a preparatory phase – identification 
of the pathogenic organism or de termination of its mode of spread; (ii) phytosanitary risk assessment 
– an assessment of conformity with criteria for qua rantined species, as well as an assessment of the 
probability of entry and acclimatization, and the potential economic damage; and (iii) assessment of phytosanitary risk reduction – assessment of the ri sk-reducing potential of phytosanitary measures and 
selection of appropriate measures.   WT/ACC/SPEC/KAZ/9/Rev.1 
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  242. 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 allowed.   In urgent situations the authorized body, 
depending on the phytosanitary conditions of the exporting party, could introduce provisional restrictions or bans on imports of quarantinable pr oducts.  In such circumst ances, the authorized body 
would provide all pertinent information about its actions to the relevant service in the exporting 
country.  Where repeated supply of infected quaran tinable products had been registered, a total ban on 
imports of the relevant product could be imposed.  She added that contentious issues were, 
nevertheless, normally open for negotiation.    
243. 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 Department  on Phytosanitary Safety and signed by the Senior 
Government Inspector on Plant Quarantine in conf ormity with procedures established under the Law 
"On Plant Quarantine".  In specifi c cases, where large amounts of products were supplied or imported 
from countries whose phytosanitary conditions had not been adequately analyzed, the authorized body 
on plant quarantine could dispatch an expert to th e importing country for inspection at the source.  
The quarantine permit was issued 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 phytosanitary conditions for each shipment (on the basis of a thorough 
examination, including sampling) and stipulated th at each shipment had to be accompanied by a 
phytosanitary certificate issued by the relevant 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. 
244. 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 disinfection (dec ontamination) at the destination points.  Any 
natural or juridical person could appeal the actions of government officials.  
245. The monitoring of harmful organisms in quarantine was carried out by RGP "Phytosanitary" 
specialists, as well as by state inspectors of the Ministry  of Agriculture at the regional, city and district WT/ACC/SPEC/KAZ/9/Rev.1 
Page 90  
 
  levels.  The authorized body (Department of phytos anitary control) was in charge of regulating the 
monitoring process.  The plant pests/diseases subj ect to monitoring are listed in Annex 14(b). 
246. Asked about compliance with the transparen cy requirements of the SPS Agreement, the 
representative of Kazakhstan replied that, pursu ant to Government Resolution No. 1627 of 
30 October 2000, the Ministry of Agriculture had established an Information Marketing System to 
enhance transparency through regular exchange of analytical marketing information between 
agricultural producers, public bodies, and other partic ipants of the agricultural market; and through 
enhanced interaction with interna tional organizations.  All relevant draft, amended and final SPS and 
(agriculture-related) TBT regula tions and rules were available at the Ministry's web-site, 
www.minagri.kz
 as well as at  www.memst.kz.   All interested parties, including participants in the 
agricultural market, could send questions and comments to the Ministry at strategy@minagri.kz.   The 
Ministry also published a monthly bulletin en titled "Environment and Human Health" and an 
analytical bulletin "Agroinform", which containe d 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 database that was regularly updated with 
data submitted by regional branches.  This inform ation was accessible to all interested parties.  
Moreover, a single TBT/SPS enquiry point was in  operation since January 2005, as notified in 
document G/SPS/ENQ/18/Add.1 of 3 March 2005.  The enquiry point notified WTO Members on effective SPS measures, as well as on measures that were still in prepar ation.  Notifications were sent 
in accordance with the "Rules and Procedures for Pr eparation of Notifications on Pending (Being 
Adopted) Technical Regulations and Standards", deve loped in line with the notification provisions of 
the SPS and TBT Agreements and ensuring that notif ications took place at an early stage.  Asked 
about the existence of a process for public participa tion in the development of  rules and regulations, 
she said that the Law "On Private Entrepreneurship " provided for the participation of the private 
sector in the development of regulatory acts that woul d affect the interests of private entrepreneurs.  
In her view, the provisions of this draft Law woul d ensure that the public could put forward proposals 
for consideration by the relevant authorized 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.      
247. Some members of the Working Party found the seven-year transition period - initially 
requested by Kazakhstan for joining the SPS Agr eement - unacceptable.  These members of the  WT/ACC/SPEC/KAZ/9/Rev.1 
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  Working Party noted that a clear justification woul d have to be provided, including a submission of a 
detailed action plan.  These members of the Work ing Party remained unconvinced that even a 
shortened transition period was necessary a nd stated that Kazakhstan should apply the SPS 
Agreement from the date of accession.   
248. The representative of Kazakhstan replied that Kazakhstan had submitted an action plan for 
2004-2006, covering the period needed to harmonize its  existing system with the requirements of the 
SPS Agreement.  She requested a four year trans ition period from the date of WTO accession to bring 
national legislation in full compliance with the pr ovisions of the SPS Agreement.  She noted that a 
transition period, until 2010, was needed for ha rmonizing Kazakhstan's SPS rules and regulations 
with international standards, for upgrading out-o f-date laboratory equipment and re-training of 
personnel, as well as for translating international product safety norms into Kazakh and Russian.  In 
addition, she noted that Kazakhstan's framework fo r application of SPS measures, as well as relevant 
legislation in this area, had been the subject of an international independent expert review.  The 
international expert review had also included in spections of food processing enterprises and plant 
quarantine and veterinary laboratories.  The results of the review had confirmed the use of inadequate 
and outdated equipment by veteri nary and plant quarantine inspectors at border check-points and 
laboratories; the absence of specialized research institutions; and the low level of qualification of 
veterinary and plant quarantine inspectors who 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 
249. 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 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 tende r process.  The Government dete rmined 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, th e organizers of tenders gave priority to Kazakh 
manufacturers.  However, preferences were granted to local producers of goods and local suppliers of 
services only when they fully met all the require ments of the bidding process.  Tender procedures 
generally took place on the territory  of Kazakhstan but in certain cases, with the agreement of the 
competent authority, the tender could be carried out abroad.  Both national and foreign companies WT/ACC/SPEC/KAZ/9/Rev.1 
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  were equally entitled to participate in the bidding  process.  In her view, such provisions were 
non-discriminatory and introduced an opportu nity for imported goods and services.   
250. 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 u sed in oil operations.  
Since the terms of signed investment contracts coul d not be changed retroactively (contract stability 
clause),  the  representative of Kazakhstan stated  that, in fact, the provisions of the Laws "On 
Subsurface and its Use" and "On Oil" were aimed at offsetting the discriminatory terms affecting 
domestically produced goods, which were subject to the payment of VAT. 
 
251. 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 pe rcentage terms (from 15 to  80 per cent).  To date, 
33 such contracts had been signed.  A further 150 contracts, containing similar commitments on the 
part of investors, were likely to be concluded in 2006.  She also noted that some subsurface use 
contracts contained commitments requiring investors to accord preference to local goods without 
specifying any particular percentage terms.  
252. In response to a specific question, she not ed that 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 Oi l" and "On Subsurface and its Use" proposals on 
the purchase of domestically produced goods and services,  had to be foreseen in the tender offers of 
applicants (i.e. potential subsurface users) a nd included in the subsurface use contracts.  
253. 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  WT/ACC/SPEC/KAZ/9/Rev.1 
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  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. 
254. The representative of Kazakhstan added that, pur suant 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.   
255. 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 
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 form 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 exemptions on the import of spare parts into free warehouses; (ii) Kazakh origin of goods conf erred to goods produced in free warehouses, provided the sufficient 
processing criteria were met; (iii) customs duty exemptions on the import of automobiles from free 
customs warehouses into Kazakhstan; and (iv) VAT exem ptions on certain equipment and spare parts.  
 
256. Some members of the Working Party consid ered the requirement to use domestically 
produced products and services in the oil sector inconsistent with the WTO Agreement on Trade-
Related Investment Measures (TRIMs).  These members of the Working Party added that this 
requirement also appeared to constitute prohib ited export subsidies under Article 3.1 of the WTO 
Agreement on Subsidies and Countervailing Measur es.  These members of the Working Party asked 
Kazakhstan to provide further ju stification 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 WT/ACC/SPEC/KAZ/9/Rev.1 
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  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. 
257. 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 
WTO TRIMs Agreement.  She added that Kazakhsta n required a sufficient transition period, after 
WTO accession, to bring national legislation governi ng the use of subsurface 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.     
- State-trading entities  
258. 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. 
259. The representative of Kazakhstan replied that he r Government had analyzed the enterprises 
whose activities could be covered by Article XVII of GATT 1994 and had provided information on 
the role of state trading enterprises in Kazakhs tan in document WT/ACC/KAZ/51.  She also noted 
that state trading enterprises in Kazakhstan operated under competitive market conditions.  
260. The JSC "Food Contract Corporation" was a 100 per cent state-owned company, which had 
the objective to preserve the safety of state grain resources, thus ensuring Kazakhstan's food security.  The Government approved the volumes, as well as  the rules governing grain purchases.  The JSC 
"Food Contract Corporation" had the exclusive ri ght to implement annually-set state budget funds for 
procurement, storage and transportation of state gr ain resources.  The company had been involved in 
grain exportation since 1998, having on average a 12 per cent share of the total exports of grain.  
Wheat and barley were the main products traded by JSC "Food Contract Corporation".  The Government did not regulate the conclusion and im plementation of export contracts signed by JSC 
"Food Contract Corporation", except for supplies ne gotiated through inter-gove rnmental agreements.   WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 95 
 
 
  The representative of Kazakhsta n said that, in her opinion, JSC "Food Contract Corporation" 
conducted its foreign trade operations in a competitiv e environment, subject to market prices, and 
alongside private enterprises that were also involved in trade.   
261. The JSC "Mal Onimderi Korporatsiyasy" was involved in procurement, stock up, processing 
and delivery to external and domestic markets of cattle-breeding products and livestock.  The 
company was involved in import/export of cattle-breed ing products – notably meat, dry milk, cheese, 
skins and wool.  JSC "Mal Onimderi Korporatsiyasy" had the exclusive right to administer the "Crediting Purchases and Export of Cattle-Breeding Products" program, which was funded out of the 
national budget.  In 2001-2003, the market share of  the 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 (Web-Blue) - 0.6 per cent; and pork - 24.6 per cent.  The 
Government did not regulate th e execution of the contractual liabilities of JSC "Mal Onimderi 
Korporatsiyasy".  The company determined export volumes and prices at its own discretion, and in line with world market prices.  The representative of Kazakhstan held the view that the import/export 
operations of JSC "Mal Onimderi Korporatsiyasy"  were conducted in a free market environment. 
262. The JSC "KazAgroFinance" was a 100 per cent state-owned joint-stock company which was 
established in order to provide l easing of machinery and equipment to producers and processors of 
agricultural products.  Using state budget funds, the company supplied agricultural machinery and 
equipment, including agricultural tractors, harvester s, 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 operations, nor the volume and type of its  agricultural equipment purchases.  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". 
263. A member of the Working Party noted that Kazakhstan had acknowledged the existence of 
about 6,000 state-owned enterprises, some of th em involved in import-e xport operations.  This 
member of the Working Party enquired whether a number of these enterprises would not qualify as 
state trading enterprises under the criteria set out in Article XII of the GATT 1994, whether or not 
"funded by the national budget" or operating as monopolies.  WT/ACC/SPEC/KAZ/9/Rev.1 
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  264. 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 with a state-owned share in th eir capital.  However, these companies 
were not involved in import/export activities and, accordingly, did not receive budget funding for 
such operations.  Therefore, she held the view th at these companies with state-owned shares did not 
fall under the provisions of Article XVII of GATT 1994.  A list of all state-owned companies and 
companies with state shares is provided in Annex 3(a).   
- Free zones, special economic areas 
265. The representative of Kazakhstan said that Kaza khstan's special economic areas (SEAs) were 
regulated by Law No. 2823 "On Special Economic  Areas in the Republic of Kazakhstan" of 
26 January 1996; the Customs Code; the Tax Code; a nd other legislative acts.  Changes to existing 
legislation had been introduced by the Law "On Am endments and Addenda to Legislative Acts on the 
Special Economic Areas" of 5 July 2001.  
266. Pursuant to Chapter 30 of the Customs Code , a "free customs area" meant the customs 
regime, within the borders of a special economic  area, under which foreign and Kazakh goods were 
placed and used.  Such goods were exempt from cust oms duties and taxes, except for excise tax on 
imported goods.  No non-tariff regulatory measures,  other than goods safety requirements, were 
applied.  When exporting goods from the territory of special economic areas to the rest of the customs 
territory of Kazakhstan, export taxes were charged,  and non-tariff regulatory measures were applied in 
compliance with the provisions of the customs regi me.  When a certificate of origin establishing the 
SEA origin of goods was not available, the goods were considered to be either Kazakh (when 
exported from Kazakhstan) or fore ign (when exported to the rest of the customs territory of 
Kazakhstan).  
267.  Four SEAs existed in Kazakhstan – "Astana- New City", "Seaport Aktau", "Informational 
Technologies Park" and "Ontustyk".  The SEA "Astana – New City" had been established by Presidential Decree No. 645 of 29 June 2001 for the period 2002-2007; it had been created to facilitate the development of the new capital of Kaza khstan by attracting invest ments, using advanced 
construction technologies, and building modern infrast ructure.  The SEA "Aktau Seaport" had been 
established by Presidential Decree No. 853 of 26 Ap ril 2002 for the period 2003-2007; it had been 
created to facilitate the development of the seapor t infrastructure and its auxiliary services through 
attracting new investments, creating new jobs  and introducing modern administration and 
management methods.  The SEA "Information Technologies Park" had been established by 
Presidential Decree No. 1166 of 18 August 2003 for a the ten-year period; it had been set up in order  WT/ACC/SPEC/KAZ/9/Rev.1 
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  to diversify the economy through the production of in formation technology pro ducts and the effective 
use of the country's scientific and technical i nnovation capacity.  The SEA "Ontustyk" had been 
established by Presidential Decree No. 1605 of 6 July 2005 for a ten year period; the aim of this SEA 
was to diversify the economy by creating jobs and attracting foreign investment through the 
development of the textile industry (cotton) in southern Kazakhstan.  
268. The representative of Kazakhstan said that a ttracting investment, modern technology, and 
know-how to SEAs was considered as their primar y purpose.  To accomplish 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, companies in th ese 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 
from the territory of Kazakhstan and sold within the SEA, which were consumed in the course of 
carrying out the specific activity.  She noted th at Kazakhstan imposed no restrictions on the 
participation of foreign companies in the SEAs, other than the generic set of criteria, which had to be 
met by both foreign and national entities wishing to  become eligible for SEA tax and customs duty 
preferences.   
269. 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 WTO Agreement on S ubsidies and Countervailing Measures, as well as WT/ACC/SPEC/KAZ/9/Rev.1 
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  the TRIMs Agreement and, therefore, should be e liminated.  This member of the Working Party 
sought a commitment from Kazakhstan that, from the da te of accession, Kazakhstan would ensure the 
enforcement of its WTO obligations in free zones ex isting or established within its territory, including 
the prohibition of TRIMs or subsidies contingent in law or in fact on local content or export 
performance.  Kazakhstan was also asked to confirm th at the right of firms to establish and operate in 
these areas would not depend on export performance, trad e balancing, or local content criteria.  In 
addition, Kazakhstan should ensure that goods produced in the free zones under tax and tariff 
provisions that exempted imports and imported input s 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. 
270. The representative of Kazakhstan replied that th e term "export oriented production", as found 
in the text of Presidential Decrees establishing SEAs, meant that production in SEAs should offer 
export potential.  This term did not mean that the export of goods and services was a condition for 
privileged taxation.  In addition, her Governme nt was planning to introduce amendments to 
Presidential Decree No. 853 of 26 April 2002 and Presidential Decree No. 1166 of 18 August 2003 
eliminating the use of the terms "import-substitutin g" and "export-oriented" as criteria for granting 
preferential treatment.  Similarly, the term "expor t-oriented" would be eliminated from Resolution 
No. 1376 "On the Regulation of Procedures on Fo rmation and Use of Assets of the Fund for 
Economical and Social Development of Speci al Economic Area" of 26 September 1997 and 
Resolution No. 2823 "On Special Economic Zones in the Republic of Kazakhstan" of 
26 January 1996. 
271. She confirmed that existing legislation did not  contain any provisions that granted special 
privileges contingent on export orientation and/or import substitution.  She also confirmed that the 
right of firms to establish and operate in SEA s 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. 
- Government procurement 
272. The representative of Kazakhstan said that Kazakhstan's legislation on government 
procurement included Law No. 321-II "On State Proc urement" of 16 May 2002; Resolutions No. 1158 
"On Rules for Organisation and Holding of State Procurement of Goods, Works, and Services" of 
31 October 2002 and No. 1163 "On Special Procedures for State Procurement" of 3 November 2000; 
Order No. 8 establishing Standard Bidding Docu mentation of 31 October 2002; and Order of the  WT/ACC/SPEC/KAZ/9/Rev.1 
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  Minister of Finance No. 357 "On Approval of th e Rules of Composing and Submission of Reporting 
on Government Procurement Issues" of 7 October 2005.   This legislation had been formulated taking 
into account the requirements of international law,  specifically the Model Law of the United Nations 
Commission on International 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 and State Procurement. 
273. She noted that pursuant to the Law "On State Procurement" government procurement was 
defined as the procurement of goods, works, and se rvices effected by state bodies and institutions, 
state enterprises, and juridical persons with a state- owned controlling share or with a greater than 50 
per cent participation, as well as by their affiliate d juridical persons, using available resources.  In 
certain cases, as defined by the Law, the pur chase of goods and services was not subject to 
government procurement procedures.  A certain share of the goods, works, and services – procured by 
state bodies and institutions, state enterprises, and juridical persons with a state-owned controlling 
share or with a greater than 50 per cent participa tion, as well as by their affiliated juridical persons – 
was used for their own production purposes.  
274. She further noted that government procurement was implemented through public bidding, 
limited bidding (public and limited bidding could c onsist of two stages), procurement from one 
source, selection of a supplier based on requests of pr ice offers, and market procurement.  According 
to Article 3 of the Law, the procurement process ha d to provide equal opportu nities for participation 
for all potential suppliers of goods and services, unless there were provisions to the contrary in the 
legislation; fair competition among potential supp liers; openness and transparency of government 
procurement procedures; and effective and efficient utilization of funds.  
275. 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. 
276. The representative of Kazakhstan replied that Kazakhstan was considering the expediency of 
joining the WTO Agreement on Government Pr ocurement after its accession to the WTO.  
- Transit 
277. 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 provisions of Article V of GATT 1994, as well as those of international treaties WT/ACC/SPEC/KAZ/9/Rev.1 
Page 100  
 
  to which Kazakhstan was party.  Goods listed in Resolution No. 524 could only transit the customs 
territory of Kazakhstan, provided that they we re 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 an import prohibition me asures.  Except for bans on import and export of 
certain goods (arms, drugs, antiques, etc.) there w as no legislation prohibiting the transit of goods. 
278. She noted that Kazakhstan applied no transit ch arges, except for charges on transportation 
services for road, railroad and sea transport.  Payments were collected without any special preferences.  For international transit of goods by  railway, Kazakhstan applied a Tariff Policy, which 
was annually coordinated and approve d at Tariff Conferences held in  the framework of the Tariff 
Agreement of the Railway Administ rations (Carriers) of the CIS Countries of 17 February 1993.  The 
maximum tariff rates, established in the Tariff Polic y, were based on the International Transit Tariffs 
(ITT) and the Uniform Transit Tariff (UTT).  Transit charges were regulated by Government Decrees No. 62 "On some issues regulating the movements of vehicles on the territory of Kazakhstan" of 
19 January 2002 and No. 1306 of 24  December 2003; the Rate Policy of the Republic of Kazakhstan 
for the Goods Transportation in International Communication for 2005; and Decree No. 320-OD of 
the Chairman of the Agency for Regulation of Natural Monopolies, Protection of Competition and 
Support of Small Business of 12 December 2003.   
279. 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 
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.  A list of specific examples of applied 
decreasing coefficients for transit transportation of  goods by railway is provided in Annex 15.   
280. The representative of Kazakhstan said that the Cu stoms Code provided that certain types of 
imported goods listed in Resolution No. 524 of 4 June  2003 could only transit the customs territory of 
Kazakhstan provided that there was a guarantee of pa yment of all due customs duties and taxes.  The 
list of such goods included alcohol and brands of alcoholic products, cigars and tobacco.  As  WT/ACC/SPEC/KAZ/9/Rev.1 
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  stipulated in the Article 339 of the Customs Code, a guarantee of payment of customs duties and taxes 
had to be provided in the form of  (i) collateral deposit, (ii) bank guarantees, (iii) deposit of the 
payable sum with the customs authorities; or (iv) insurance contracts.   
281. 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 to 
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. 
282. She noted that procedures applied by custom s bodies to enforce payment of customs duties 
and taxes were defined in Order of the Customs Control Agency No. 199 "On Adoption of Procedures 
of Customs Bodies to Enforce Payment of Customs Duties and Taxes" of 13 May 2003.  
283. [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 GA TT 1994.  The Working Party took note of this 
commitment].  
- Government-mandated counter-trade and barter 
284. 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 
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 WT O Customs Valuation Agreement, applied in 
sequential order.  Any barter and counter-t rade arrangements were  only conducted on a 
company-to-company basis. WT/ACC/SPEC/KAZ/9/Rev.1 
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  - Agricultural policies 
285. 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 document WT/ACC/SPEC/KAZ/6 and Revisions 1 to 3, and document WT/ACC/SPEC/KAZ/7 (and addenda).  
286. Some members of the Working Party stated 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 asked Kazakhstan to provide 
domestic support and export subsidy info rmation for the period 2000-2002.  
287. 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.  
288. She further noted that although debt accumu lation 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.  
289. 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  WT/ACC/SPEC/KAZ/9/Rev.1 
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  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 basis of individual agreements that stipulated 
the procedure, timing and conditions of repayment. 
290. 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 
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.    
291. Some members of the Working Party request ed information demons trating how domestic 
support measures, for which exemption from the re duction commitments was cl aimed, met the criteria 
set for such exemptions in Annex 2 of the Agreem ent of Agriculture.  They further asked Kazakhstan 
to confirm that no direct payments were made to fa rmers or processors within the framework of those 
measures.  More information concerning state procurement under "public stockholding for food 
security purposes" was also requested including how it met the paragraph 3 criteria of Annex 2 of the Agreement of Agriculture. 
292. The representative of Kazakhstan referred to th e revised Tables DS:1 and stated that funds 
listed in Table DS:1 under "general services" were allocated for implementation of measures of 
general nature as well as for maintenance of service s provided by the Ministry of Agriculture.  These 
measures did not involve direct payments and did not grant price support to producers.  They met the requirements of Paragraphs 1 and 2 of Annex 2 of the Agreement on Agriculture.  Furthermore, the 
representative of Kazakhstan stated that the public stockholding of grain was created to ensure food 
security in Kazakhstan and followed procedures set by the decision of the government for the 
corresponding year.  The mechanisms for government  procurement of grain were determined by the 
Government decision adopted based on an appropriate  level of transparency in terms of financial 
costs.  The purchase of grain for the state food secur ity reserve in the base period, i.e. in 1996, was 
carried out at market prices through the registrati on of contracts on the commodity exchange.  Grain WT/ACC/SPEC/KAZ/9/Rev.1 
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  from the state food security reserve was sold domes tically through open tenders or the commodity 
exchange.  The export price for grain set by the "Food Contract Corporation" also reflected the 
situation on the world market as well as concluded contracts on grain supply.  Therefore, the sale 
procedures of grain from the state reserve were in compliance with the WTO Agreement on Agriculture (paragraph 3, Article 2), which required that "sales from food security stocks shall be 
made at no less than the current domestic market  price for the product and quality in question". 
293. Some members of the Working Party further re iterated their views that Kazakhstan should not 
have recourse to Article 6.2 provisions of the WT O Agreement on Agriculture.  The representative of 
Kazakhstan replied that the afterm ath of implementation of structural reforms had been devastating 
for the agriculture sector of Kazakhstan.  The curre nt policy was therefore aimed at attracting long-
term investments in the agricultural sector.  This  was being achieved with the participation of 
international banks, in particular  the Asian Development 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 conform ity with the provisions of Article 6.2 of the WTO 
Agreement on Agriculture.  She further stated that given the interest shown by international credit 
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.  Against the above background, as well as 
taking into account the ongoing structural changes due to Kazakhstan's transition to a market 
economy, the representative of Kazakhstan urged memb ers of the Working Party to consider granting 
Kazakhstan the right to use Article 6.2 provisi ons of the WTO Agreement on Agriculture.   
294. She confirmed that Kazakhstan did not main tain 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.  
295. Some members of the Working Party sought a commitment from Kazakhstan to bind all 
export subsidies at zero upon accession.  In respon se, the representative of Kazakhstan said that 
Kazakhstan needed to use export subsidies due to its land-locked geographical location, the vastness 
of its territory, its remoteness from major agricultu ral markets and high transportation costs, which 
drastically decreased the competitive power of K azakh agricultural products.  Furthermore, the 
production of main export products exceeded by far the level of domestic demand, while export sales  WT/ACC/SPEC/KAZ/9/Rev.1 
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  of agricultural products constituted one of the ma in sources of income for population living in the 
rural areas.  She further noted that some WTO Memb ers extensively exercised their right to subsidize 
exports.  She added that Kazakhstan would not seek di rect export subsidies for wheat, provided that it 
could continue to provide transportation export subsidies to agricultural products. 
296. Some members of the Working Party stated that  Kazakhstan did not have  automatic recourse 
to the Special and Differential treatment provision s contained in Article 6.2 and 6.4 of the WTO 
Agreement on Agriculture.  These members of the Working Party noted that neighbouring Kyrgyz 
Republic had agreed to a treatment as a developed country for its agriculture commitments, agreeing 
to use 5 per cent de minimis levels.  These members of the Working Party requested Kazakhstan to 
make the same commitment.   
297. The representative of Kazakhstan replied that given objective economic development criteria 
such as GDP per capita and income level of the ru ral population, Kazakhstan with its GDP per capita 
level belonged to the group of middle-income count ries (classification of the World Bank), but could 
be, when taking into account the personal annual in come of rural citizens (US$456.6 per capita), 
considered a poor country.  Moreover, as the Gove rnment had started to implement the market 
economy reforms in agriculture only recently, the de velopment level of the agricultural sector still 
remained below the pre-reform stage.  The sh are of agricultural production in GDP fell from 
16.7 per cent in 1993 to 7.3 per cent in 2003.  T hus, Kazakhstan would seek a number of preferences 
in the agricultural sector at the time of its accessi on 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 c ountries that acceded to the WTO since 1995.  In 
particular, Kazakhstan would seek recourse to the prov isions of Article 6.2 of the WTO Agreement on 
Agriculture. 
- Trade in civil aircraft 
298. 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 WTO Agreement on Civil 
Aircraft prior to accession to the WTO. WT/ACC/SPEC/KAZ/9/Rev.1 
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  V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME 
- GENERAL 
- Industrial property protection 
299. The representative of Kazakhstan said that the policies of Kazakhstan in the sphere of  
intellectual property rights protection aimed at (i) bringing legislation regulating intellectual property 
rights in line with international standards; (ii) de veloping mechanisms to ensure the enforcement of 
provisions of the laws on protection of intellectual property rights; and (iii) training of intellectual 
property rights protection experts.   The objective of these policies was to ensure lawful use and 
protection of intellectual property in Kazakhstan,  as set forth in the Concept of Protection of 
Intellectual Property Rights, approved by Govern ment Resolution No. 1249 of 26 September 2001.  
Detailed information on the implementation of th e WTO Agreement on Trade-Related Aspects of 
Intellectual Property Rights (TRIPS) had been provided in document WT/ACC/KAZ/24. 
300. She added that existing legislation governing the protection 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 Administ rative Offences Code, and the Laws "On Copyright 
and Related Rights" of 10 June 1996, "On Trade Marks, Service Ma rks and Geographical Indications" 
of 26 July 1999, the "Patent Law" of 16 July 1999, the Law "On Protection of Selective Achievements" of 13 July 1999, the Customs Code of 5 April 2003, 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 legislative texts that regulated the protection of intellectual 
property rights in Kazakhstan.  In addition, th e Law "On Amendments and Addenda to Legislative 
Acts of the Republic of Kazakhstan on Intellectual Property" had been adopted on 22 November 2005 
to reinforce the administrative and criminal liabilit y for violation of intellectual property rights, as 
well as to improve and streamline the existing criminal procedures.     
301. She also provided an action plan for harmonizi ng national legislation on intellectual property 
rights with the WTO TRIPS Agreement for the period 2004-2006 in document WT/ACC/KAZ/48.  Documents WT/ACC/KAZ/55 and WT/ACC/KAZ/59 c ontained information on the implementation 
of the action plan in 2004 and 2005 respectively.  She noted that Kazakhstan would further amend 
existing legislation and would implement programs to improve legal practic es.  Kazakhstan would 
also provide training for officials and enlist tec hnical assistance from international organizations and 
associations.  In an effort to improve inter-minist erial cooperation in this area, a number of joint  WT/ACC/SPEC/KAZ/9/Rev.1 
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  orders had been adopted in September 2005.  Th ese orders addressed coor dination 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.  
- Responsible agencies for policy formulation and implementation 
302. The representative of Kazakhstan stated that th e Committee for Intellectual Property Rights of 
the Ministry of Justice 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.  The 
Committee abolished the Committee for Copyright of th e Ministry of Justice and the Republican State 
Enterprise on Patents and Trademarks "Kazpatent" of the Ministry of Justice, and was authorized to 
perform specific executive, monitoring, and superv isory functions, as well as general administration 
in the sphere of protection of intellectual property rights.   
303. She noted that production and commercial activities relating to scientific issues of intellectual 
property were delegated to the Republican Stat e Enterprise "National Institute on Intellectual 
Property" of the Committee on Intellectual Property Rights of the Ministry of Justice. 
- Participation in international intellectual property agreements 
304. The representative of Kazakhstan confirmed th at Kazakhstan was party to a number of 
international treaties, agreements , and conventions – notably the Convention Establishing the World 
Intellectual Property Organization (WIPO); the Pa ris Convention for the Protection of Industrial 
Property; the Madrid Agreement Concerning the In ternational Registration of Marks; the Patent 
Cooperation Treaty (PCT); the Berne Convention for the Protection of Literary and Artistic Works; 
the Nice Agreement Concerning the Internationa l Classification of Goods and Services for the 
Purposes of the Registration of Marks; the Stras bourg Agreement Concerning the International Patent 
Classification; the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Proce dure; the Universal Copyright Convention; the 
Locarno Agreement Establishing an International Cl assification for Industrial Designs; the Trademark 
Law 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 Pe rformances and Phonograms Treaty in April 2004. 
305. 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.   WT/ACC/SPEC/KAZ/9/Rev.1 
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  306. 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.  She noted that the co-opera tion agreement with the Russian Federation had 
introduced national treatment for applicants from th e Russian Federation for the issuance of titles of 
protection and the payment of fees.  She added that  the bilateral agreements signed with other CIS 
countries did not contain any specific obligations wh ich would not be extended to other countries. 
- Application of national and MF N treatment to foreign nationals 
307. The representative of Kazakhstan stated that Ar ticle 12.4 of the Constitution, Article 3.7 of 
the Civil Code, as well as Article 5 of the Law "On Copyright and Related Rights", Article 48 of the 
Law "On Trademarks, Service Marks and Geographical Indications" and Article 38 of the Patent Law, 
granted foreign natural and juridical persons nati onal treatment and most-favoured nation treatment. 
308. Some members of the Working Party expressed c oncerns regarding the difference in fees for 
certain industrial property rights charged to nati onals and non-nationals of  Kazakhstan, and asked 
how such differences could be justified consider ing that Kazakhstan's Constitution and Civil Code 
required that natural and juridical  persons be given national legal treatment.  The representative of 
Kazakhstan replied that pursuant 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 Support of Small Businesses of 27 May 2004, a new list of fees charged by the 
Republican State Enterprise "National Institute of Intellectual Property" of the Committee on 
Intellectual Property Rights of the Ministry of Justice had been adopted.   
309. Some members of the Working Party also noted that nationals of the Russian Federation and 
the Kyrgyz Republic did not need to use the services of  a patent or trademark attorney in order to file 
applications with the Committee for Intellectual Prope rty Rights.  Additionally, the patent fees could 
be paid in Russian Rubles or Kyrgyz Som, pursuan t to the schedule applicable to Kazakh nationals.  
Asked how the Government intende d to bring its legislation into conformity with WTO most-
favoured nation requirements, she replied that, in he r view, these provisions were in conformity with 
Article 4.A.2 of the Paris Convention and Ar ticle 4(d) of the WTO TRIPS Agreement.  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 109 
 
 
  - SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING PROCEDURES 
FOR THE ACQUISITION AND MAINTENA NCE OF INTELLECTUAL PROPERTY 
RIGHTS 
- Copyright and related rights 
310. 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".  
311. Article 28 of the Law "On Copyright and Relate d Rights" provided a term of protection for 
the period of the author's life 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.   
312. 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 in Ar ticle 28, unless they had become available in the 
public domain in their country of origin.  Works, w hose terms of protection had expired, fell into the 
public domain and were deemed to be  national property, and could thus be used free of charge by any 
person in accordance with Article 29 of the Law "On Copyright and Related Rights".   
313. A member of the Working Party noted that th e Law "On Copyright and Related Rights" did 
not contain a clear provision for the protection of pre-existing works and sound recordings.  This 
member of the Working Party requested detail on the draft Law "On Amendm ents and Addenda to 
Legislative Acts of the Republic of Kazakhstan on Intellectual Propert y", in particular on its specific 
provisions addressing the protection of pre-existing works and sound recordings. WT/ACC/SPEC/KAZ/9/Rev.1 
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  314. 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 
315. 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.  Howe ver, in an effort to amend existing criminal and 
administrative legislation, her Government had adopted the Law "On Ame ndments and Addenda to 
Legislative Acts of the Republic of Kazakhstan on In tellectual Property" of 22 November 2005.  This 
Law provided for the enforcement of measures agains t the infringement of intellectual property rights 
and the illegal use of copyright.  Overall 11 legisla tive acts had been amended, including the Criminal 
Code (Article 184-1) and the Administrative Offenc es Code (Articles 128, 129 and 145).  Pursuant to 
these amendments, the categories "selection achieveme nts" and "integrated circuit layouts" had been 
introduced in Kazakh legislation; certain types of infringement – namely, illegal acquisition, storage 
or hauling of counterfeit copies of works and phono grams – had been defined; applicable penalties 
had roughly doubled, the maximum penalty being five years of imprisonment; measures against 
recurring offences had been introduced; and the se izure of equipment used for the production of 
counterfeit products had been foreseen. 
- Trademarks, including service marks 
316. The representative of Kazakhstan stated that w ith the adoption of the Law "On Trade Marks, 
Service Marks and Geographical Indications" (Tra demarks Law) of 26 July 1999, Kazakhstan had 
ensured that all requirements of Articles 15-24 of  the WTO TRIPS Agreement had been taken into 
account.  Other legal acts 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 Republic 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 Geographical Indications".   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.  WT/ACC/SPEC/KAZ/9/Rev.1 
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  317. She said that the Trademarks Law accorded trademark protection to all pictorial, verbal, 
letter, digital, volumetric and other designations or  their combinations that allowed to distinguish 
goods and services of one manufacturer from similar goods and services of another manufacturer.  
Names could not be registered if identical, or confusingly similar to  those already 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 pr oduct or its manufacturer, including geographical 
indications that could mislead the public about its  place of production – could not be registered.  
Well-known trademarks were protected without rest rictions on classes of goods and services.  She 
held the view that these provisions were in compliance with Article 16 of the TRIPS Agreement.   
318. Asked specifically whether earlier protected trad emarks would be protected from confusingly 
similar and later in time geographical indications, sh e said that the use in good faith of an identical or 
confusingly similar trademark, more than six mont hs before the registration date of an appellation 
(geographical indication), preserved the right for its use within the limits set by the authorized body, 
but not less than seven years following the date of re gistration.  Non-use of a trademark, or use during 
the six months preceding the registration date of the appellation, resulted in a termination of the 
trademark (Article 19, paragraph 5 of the Trademarks Law).  In her view, this provision corresponded 
to the provisions of Article 22 para graph 3 of the TRIPS Agreement.  
319. 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 
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. 
320. 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 WT/ACC/SPEC/KAZ/9/Rev.1 
Page 112  
 
  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.  
321. 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 on grounds of non-use,  following five years of non-use.  However, 
trademark owners could submit evidence to demonstr ate that non-use had been due to circumstances 
beyond their control.    
322. 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 u se.  Pursuant to the Trademarks 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 transfer  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 agreements 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 re gistration of agreements with the Committee implied 
that the rights of a person, to whom the exclus ive 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 Law "On Trade Marks, Service Marks and Geographical Indications" met the requirements of 
Article 6 quater  of the Paris Convention. 
- Geographical indications, including appellations of origin 
323. The representative of Kazakhstan said that th e Law "On Trade Marks, Service Marks and 
Geographical Indications" (Trademarks Law) includ ed provisions on the protection of geographical 
indications in Kazakhstan.  Geographical indicati ons, registered in Kazakhstan by foreigners, and 
protected by Kazakh law or by international treati es and agreements to which Kazakhstan was party, 
enjoyed the same protection as geographical indica tions registered by Kazakh nationals.      WT/ACC/SPEC/KAZ/9/Rev.1 
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  324. Geographical indications could be registered if they denominated a product whose specific 
qualities were mainly or exclusively associated with its place of origin (including natural conditions 
and/or human factors).  Only geographical indicati ons associated with a particular product could be 
registered.  The registration certificate entitled the ow ner to the right to use the appellation of origin 
for the goods listed in the certificate.  Registration of geographical indications was prohibited when it 
could mislead consumers about the place of origin, or when registration could infringe upon the rights 
of third parties.  Geographical indications, which were  false, identical, confusingly similar, or clearly 
misled consumers about the product's place of origin, were not protected.  Asked whether 
geographical indications were protected against unfai r competition, she referred to Articles 5 and 6 of 
the Law "On Unfair Competition".   
325. Applications for protection of geographical indi cations could be filed with the Committee for 
Intellectual Property Rights by any person (regardless of citizenship) by providing (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; (iv) the type of product for which a ppellation of origin registration was sought, including 
its place of manufacture and/or natural occurrence a nd a description of the specific properties of the 
good; and (v) a document confirming the authority of  a patent attorney to act on behalf of the 
applicant.  While residents could submit their app lications directly to the Committee for Intellectual 
Property Rights, foreign applicants had to submit th eir applications through a patent attorney.  In 
addition, foreign applicants had to submit a proof of their right to use the appellation of origin in their 
home country (Article 29 paragraph 3(3) of the Trademarks Law). 
326. She noted that the application for registration of  an appellation of origin used in association 
with goods originating within the territory of K azakhstan also entailed a conclusion of the local 
administrative body certifying that the applicant resided on its territory; and that the quality of goods originating therein was associated with the natura l conditions and human factors of that geographical 
place.  The registration of an appe llation of origin used in associati on with goods originating outside 
the territory of Kazakhstan, entailed only a documen t certifying the right of the foreign applicant to 
the geographical indication in association with  the product from the country where the goods 
originated.  
327. With regard to wines and spirits, she said th at the Trademarks Law provided for geographical 
indications protection as stipulated in Articles 22 and 23 of WTO TRIPS Agreement. 
328. 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 WT/ACC/SPEC/KAZ/9/Rev.1 
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  Party noted that such a provision would be in conf lict with Article 22.2 of the TRIPS Agreement, 
which set an obligation for Members to provide  legal protection regardless of registration. 
329. The representative of Kazakhstan replied that Article 37 (2) of the Trademarks Law 
prohibited the use of unregistered geographical indicati ons that were identical or similar to registered 
ones, where such use would result in confusion.  Legal protection of geographical indications in 
Kazakhstan was provided through registration,  along with the corresponding certificate. 
- Industrial designs 
330. The representative of Kazakhstan noted that the ri ghts of industrial designs were regulated by 
the Patent Law and certified by preliminary patent s and (full) patents, provided that the applied 
industrial design met patentability requirements,  such as novelty, originality, and industrial 
application.  She acknowledged that the "industrial applicability" criterion – i.e. the possibility to 
industrially reproduce the industrial design – was the main criterion for an industrial design.  
Industrial, hydraulic engineering and other stationary constructions  were not recognized as industrial 
designs because they did not meet the "industr ial applicability" criterion.  However, these 
constructions qualified for copyright protection.  Ar tistic-design solutions that determined the exterior 
of a product, as well as textile goods, were considered  as industrial designs (A rticle 8 of the Patent 
Law).  
331. She further noted that a preliminary industrial design patent was valid for five years, whereas 
a (full) industrial design patent was valid for ten year s of the date of application.  Industrial design 
patents could be extended upon request of the owner for a period of up to five years.  The owner of an 
industrial design patent had the exclusive right for its use.  A person other than  the patent owner could 
use the protected industrial design only by perm ission of the patent owner and under a licence 
agreement subject to compulsory registration w ith the Committee for Intellectual Property Rights. 
- Patents 
332. The representative of Kazakhstan stated that, in  her view, the Patent Law contained all the 
requirements of Articles 25-34 of the WTO TRIPS Agreement.  The provisions of the Patent Law 
applied equally to both foreign and Kazakh natura l persons and juridical persons, in accordance with 
international agreements signed by Kazakhstan, or in  accordance with the reciprocity principle.  In 
particular, the Law contained provisions regulating conditions and procedures for judicial granting of 
compulsory licenses to use inventions, as well as other forms of utilization without permission from the patent owner, pursuant to the requirements of  Article 31 of the WTO TRIPS Agreement.  The  WT/ACC/SPEC/KAZ/9/Rev.1 
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  Patent Law specified an expanded list of ways fo r protecting patent owners' rights and extended the 
subject matter to cover inventions, industrial designs  and utility models.  In addition, amendments to 
the Patent Law had been introduced pursuant to the Law "On Amendments and Addenda to 
Legislative Acts of the Republic of Kazakhstan on Intellectual Property" of 9 July 2004.   
333. She noted that Article 6, paragraph 2 of the Pa tent Law provided an exhaustive list of subject 
matter that could be patented as inventions, including a device, a process, a substance, a micro-
organism strain or a culture of plant or animal cells, and also the use of a known device, process, 
substance or strain for a new purpose.  Diagnostic, therapeutic and surgical methods could also be 
protected as inventions under the Article 6 criteria.   An invention was granted legal protection if it 
was new, involved an inventive step and was i ndustrially applicable.  The Patent Law did not 
recognize as inventions (i) discoveries; (ii) sci entific 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 whose commercial exploitation could harm the 
public interest, humanitarian principles and morality.   
334. 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 Ag reement.   This member of the Working Party 
also expressed concerns regarding the exclus ion from patentability of "methods of economic 
organization" and "computer programs".  
335. 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" 
was not discriminatory and, therefore, met the requirements of Article 27(2) of the 
WTO TRIPS Agreement.  She added that authori zed bodies' Resolutions, banning specific substances 
or potentially-harmful engineering solutions, could be taken into account when granting patents.  
As for computer programs, she noted that these were subject to copyright protection.  
336. Asked about the difference between preliminary and full patents, she replied that the degree 
of protection provided by a preliminary patent was f unctionally equivalent to that provided by a full 
patent.  The principal difference concerned the issuance procedure and the validity period.  
Preliminary industrial design patents could be issued after a formal ex amination of the application and 
were valid for a period of five years.  Full industr ial designs patents were issued after conducting a WT/ACC/SPEC/KAZ/9/Rev.1 
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  substantive examination of the patent application, provided that the full patent application was filed 
within four years of the date a preliminary patent  application had been filed with the Committee for 
Intellectual Property Rights.  The substantive exam ination included verification of the patentability 
conditions of the industrial design ( novelty, originality and industrial application).  The full patent 
was valid for a period of ten years.  If, however , the preliminary patent holder did not submit an 
application for conducting a full expertise within four years of the date a preliminary patent 
application had been filed, the preliminary pate nt was cancelled as of the date of its expiration 
(i.e. five years from the date of application).  She fu rther noted that the validity of an industrial design 
patent could be extended for up to five years,  upon receipt of a petition by the patent holder.  
337. She further noted that an application for a prel iminary patent had to be  examined during a two 
month period following its date of receipt.  During  this time the applicant had the right to amend or 
correct the elements of the application at his own initiative, provided that the amendments or 
corrections did not modify the essence of the claimed industrial property.  When the preliminary examination resulted in a decision to issue a provisi onal patent, and following payment of appropriate 
fees, the details were published in the Bulletin of the Committee for Intellectual Property Rights.  The 
substantive examination was carried out by the Committee for Intellectual Property Rights at the 
request of the applicant or the owner of the provisiona l patent, filed within three years of receipt of the 
application or within five years in case the term of  the preliminary patent was renewed.  If the results 
of the substantive examination were positive, the pate nt office granted a patent for a term of 20 years 
from the date the application was filed.  
338. Asked about protection against misappropriatio n or misuse of information of the first 
applicant by the second applicant when obtaining pe rmission for sale of the same product, she replied 
that the legislation provided no definition of the term "second applicant," because the priority for a 
patent protection was determined by  the date of filing of an application and the right holder was given 
the exclusive right for the protected industrial property.  
339. 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. 
340. Article 11, paragraph 2 of the Pa tent Law stipulated the requirement that a patented invention 
be used.  The use of industrial property was define d as manufacturing, application, importation, offer  WT/ACC/SPEC/KAZ/9/Rev.1 
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  for sale, sale, as well as other means of putting the industrial property into circulation, including 
storage in view of subsequent use.  
341. A member of the Working Party asked Kazakhs tan to provide detail on how the compulsory 
licensing provisions of the Patent Law complied wi th the requirements of Article 31(a)-(l) of the 
TRIPS Agreement. 
342. The representative of Kazakhstan replied 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 inventions could only be used by  obtaining the patent holder's authorisation under a 
licensing agreement, subject to compulsory regist ration with the Committee for Intellectual Property 
Rights.  Pursuant to Article 11(3)-(5) of the Pate nt Law, any person could appeal in court for a 
compulsory non-exclusive licence if, prior to the cl aim, efforts to obtain authorization from the right 
holder on reasonable commercial terms, and over a reas onable time period, had failed.  An interested 
party could also file an application requesting a compulsory licence if uninterrupted non-use had 
occurred for a period of four consecutive years, pr ovided 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 pate nt owner proved that non-use had been due to 
valid reasons.  The compulsory licence would be non-exclusive, while the amount of payment could not be lower than the market price of the licence.   
343. Pursuant to Article 12 of the Patent Law, th e following were not considered to constitute a 
violation of the exclusive right of a patent holder:  (i) application of a patent in foreign transportation 
vehicles, which were present on the territory of K azakhstan temporarily (or by accident), provided the 
patent was used for the needs of the vehicles; (ii) research or experimentation conducted on an object 
containing 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 payment of 
corresponding compensation to the patent holder; (i v) application of a patent for personal needs 
without a commercial purpose; and (v) a one-time preparation of prescription medicine.  The aforementioned provisions met, in her view, the re quirements of Article 31 (a)-(k) of the WTO TRIPS 
Agreement.  As for the requirements of Artic le 31(1) of the WTO TRIPS Agreement, the 
representative of Kazakhstan noted that there were no definitions of "the first patent" and "the second 
patent" in Kazakh legislation. 
344. Concerning the reversal of the burden of proof in civil proceedings concerning the 
infringement of process patent, she noted that the Pa tent Law contained no provi sions that covered the WT/ACC/SPEC/KAZ/9/Rev.1 
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  requirements of Article 34 of the TRIPS Agreemen t.  However, Article 65 of the Civil Code 
contained such provisions, and stipulated that each  party was responsible for proving its own claims 
and statements.  Other persons involved in the process could also provide evidence.   
- Plant variety protection 
345. The representative of Kazakhstan said that new kinds  of plants and animals were protected in 
accordance with the Law "On Protection of Selectio n Achievements" of 13 July 1999.  The 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 (Geneva, 2 December 1961 reviewed in 1972, 1978, 1991).  She held the view that through 
the adoption of this Law, Kazakhstan had met the requirement of Article 27(3)(b) of the 
WTO TRIPS Agreement, according to which WTO Members had to ensure protection of plant 
varieties either by patents, an effective inde pendent single system, or a combination thereof. 
- Layout designs of integrated circuits 
346. The representative of Kazakhstan said that legal protection of layout designs of integrated 
microcircuits in Kazakhstan was provided by Law No . 217 "On Legal Protection of Layout Design of 
Integrated Microcircuits" of 29 June 2001, and was implemented on the basis of Articles 1013-1016 
of the Civil Code of Kazakhstan (Special Part) wh ich reflected the requirements of Articles 35-38 of 
the WTO TRIPS Agreement.   
- Requirements on undisclosed information,  including trade secrets and test data 
347. A member of the Working Party enquired about  how Kazakhstan's legal framework met the 
requirements of Article 39(3) of the WTO TRIPS Ag reement.  This member of the Working Party 
noted that to protect undisclosed data against unf air commercial use, governments needed to provide 
an effective period of time where the original pe rson 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.   
348. The representative of Kazakhstan replied that, pur suant to Article 126 of the Civil Code, the 
civil legislation ensured the protection of informati on of real (actual) or commercial value, provided 
that this information was unknown to third parties,  its confidentiality was strictly preserved, and it 
was not accessible on legal grounds.  The provisions of this Article also applied to the protection of 
test or other data, the origination of which i nvolved a considerable effort, thus guaranteeing the 
protection of all such data against unfair commercial use.  In particular, the Civil Code protected the  WT/ACC/SPEC/KAZ/9/Rev.1 
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  confidentiality of data and other information during the approval, sale and marketing of chemical, 
pharmaceutical or agricultural products.  She added that, pursuant to Article 34 of the Patent Law, 
disclosure of industrial property without the author ization of the author/applicant, prior to the 
publication of information concerning the industrial property, entailed legal re sponsibility.  Moreover, 
pursuant to Article 15 of the Law "On Protection of Selection Achievements", a natural or juridical 
person that disclosed commercial secrets on the so rt (variety) or breed (species) for which an 
application was filed, without the authorization of the patent holder, infringed the rights of the patent 
holder.  As for pharmaceuticals, the Law "On Medicines" prohibited the production, storage, sale and use of pharmaceuticals without state registration/ re-registration.  She added that the existing 
legislation did not provide a definition of th e term "second applicant", as industrial property 
protection was accorded on a first-come first-serve basis and the right holder was given the exclusive right on the protected industrial property. 
349. She further noted 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. 
350. 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.  
351. 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 
had been planned. 
- MEASURES TO CONTROL ABUSE OF INTELLECTUAL PROPERTY RIGHTS 
352. The representative of Kazakhstan said that, in general, intellectual property rights were 
protected by civil legislation through common court procedures (lawsuit procedures).  Kazakh legislation provided criminal, administrative, and civil liabilities for the infringement of intellectual WT/ACC/SPEC/KAZ/9/Rev.1 
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  property rights, stipulated in Articles 184, 184-1 and 199 of the Criminal Code, Articles 128, 129 and 
145 of the Code "On Administrative Violations",  the Law "On Copyright and Related Rights", 
"On Trademarks, Service Marks and Geographical I ndications", the Patent Law, and other laws. 
353. The representative of Kazakhstan stated that the a doption of the special part of the Civil Code 
in 1999, which contained an entire section dedicated  to issues related to intellectual property rights 
and the fundamental norms regulati ng relations in this area, had represented the most important step 
in the establishment of a domestic legislativ e base in the area of intellectual property. 
354. Some members of the Working Party asked what  efforts were being made to educate the 
public to avoid activities that infringe the rights of  intellectual property owners.  In response, the 
representative of Kazakhstan said that the Committee for Intellectual Property Rights regularly held 
regional and national workshops on pr otection of intellectual property rights in order to upgrade the 
qualifications of intellectual propert y rights protection experts, and to share experiences in this field.  
Officials of the justice, law, and customs bodies, j udges, owners of intellect ual property rights, as well 
as users and the media, took part in these worksh ops.  She further noted that the Committee for 
Intellectual Property Rights conducted seminars jointl y with international organisations, including the 
World Intellectual Property Organisation, the Coaliti on for Intellectual Property Rights Protection, the 
Phonograms Producers International Federation and US AID.  In addition, officials of the Committee 
on Intellectual Property Rights also actively particip ated in radio and television shows on protection 
of intellectual property rights in Kazakhstan.  Twic e a year, the Ministry of Justice held a national 
campaign ("Intellect").  This was a permanent larg e-scale campaign with the active participation of 
interested public bodies, international agencies,  public associations, commercial organisations, 
educational institutions, the media, and the citizens of Kazakhstan.  The campaign aimed at promoting 
the concept of intellectual property, increasing the public's awareness against piracy, and 
strengthening the role of intellectual property and th e status of authors, innovators and inventors. 
355. Moreover, the representative of Kazakhstan not ed that the number of applications for 
registration of copyright and related rights, as well as of licence agreements for the use of copyright 
and related rights, had increased.  In her opinion, th ese developments demonstrated that the number of 
authors and persons aware of copyright and related laws had increased. 
356. Asked about measures to control the importati on of infringing goods into Kazakhstan, the 
representative of Kazakhstan replied that, in accordan ce with the provisions of the Customs Code, the 
Customs Control Committee maintain ed a Registry of goods containing intellectual property which 
was published periodically.  The Customs Contro l Committee could suspe nd the customs processing  WT/ACC/SPEC/KAZ/9/Rev.1 
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  of goods containing intellectual prope rty, if it found that these goods violated the intellectual property 
rights of an applicant (see section on "Special border measures").  
- ENFORCEMENT 
- Civil judicial procedures and remedies 
357. 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" provided that there was no discrimin ation between domestic and foreign parties in 
disputes concerning intellectual property rights.  Fo reign and domestic owners of intellectual property 
rights had the right to settle disputes in court arising from (i) authorship; (ii) legality of the grant of a title of protection; (iii) infringements of exclusive rights and other economic rights; (iv) identification 
of the patent owner; (v) grant of a compulsory  licence; (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.  Moreover,  the right holders had the right to apply for the 
protection of their rights to local authorities or administration, which did not prevent them from filing an application in court.   
358. She noted that, pursuant to Article 66, paragra ph 4, of the Civil Procedural 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 were in th e control of the opposing party – by providing the 
requesting party with an official letter of request  for obtaining the evidence.  Moreover, Article 74, 
paragraph 1, of the Civil Procedural Code, sti pulated that a party could request a "securing of 
evidence" when in doubt about the availability of necessary evidence at a later point in time.  
 
359. In accordance with Kazakhstan's legislation, th e court had the authority to recover from the 
infringer damages that had been incurred by the right holder.  In particular, Article 44 of the Law "On 
Trademarks, Service Marks and Geographical Indica tions" provided that a person illegally using a 
trademark or a geographical indication had to di scontinue such use and compensate the losses 
incurred by the trademark's right holder and the holde r of the geographical indication.  Pursuant to 
Article 49 of the Law "On Copyright and Related Ri ghts", the court could oblige a copyright infringer 
to compensate the claimant for losses incurred due to copyright infringement, either (i) by transferring 
the amount of lost profit from the infringer to the cl aimant; 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 database 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 WT/ACC/SPEC/KAZ/9/Rev.1 
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  infringed could demand complete recovery of losses, unless otherwise provided by law or contract.  
The compensation liability 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 Procedural Code, the court could order the infringer to compensate the successfu l party for attorney's 
fees, but for a sum not exceeding 10 per cent of the amount of the claim.  The violator should provide complete recovery of the damage caused by his/ her act or omission to the property or non-property 
rights and goods of citizens or juridical persons. 
360. Asked to provide information on Kazakhstan's compliance with the provisions of Article 46 
of the TRIPS Agreement, she said that Article 49 of the Law "On Copyright and Related Rights" 
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 the court.  The court could also order the destruction or confiscation of materials and equipmen t used for their reproduction.  Article 129 of the 
Administrative Code also provided for the expropria tion of pirated copies of works and phonograms.  
Pursuant to Article 44(2) of the Law "On Trademar ks, Service Marks, and Geographical Indications", 
a person illegally using a trademark or an appella tion of origin, or using a confusingly similar 
designation, had to destroy the manufactured images  of the trademark or geographical indication in 
question.  The images had to be removed from the product, its packaging, letterheads and all other 
documentation.  If doing so was im possible, the goods were destroye d (liquidated) in accordance with 
the relevant legal procedures (e.g. Article 220 of th e Customs Code).  Article 15 of the Patent Law 
stipulated that a patent holder had the right to  demand cessation of the violation of the title of 
protection and to seize the infringing products [as we ll as the equipment used in their production].   
361. 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.  WT/ACC/SPEC/KAZ/9/Rev.1 
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  - Provisional measures 
362. The representative of Kazakhstan said that ju dges and administrative authorities had the 
authority to grant interim measures if any delay was likely to cause irreparable harm to the right 
holder, or if a demonstrable risk of evidence being destroyed existed.  Pursuant to the provisions of 
the civil legislation and the Law "On Copyright an d Related Rights", 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 from taking certain actions, such as the sal e of goods bearing a trademark belonging to the 
claimant; (iii) prohibit other persons from transfe rring property or fulfilling other commitments with 
regard to the defendant; (iv) suspend the sale of property in case a claim was filed to cancel the 
seizure; (v) suspend a contested legal act issued by  a government body, organization, or an official; 
and (vi) suspend a penalty imposed by an executive doc ument, contested by the debtor in court.  The 
court could issue an order relating to any of the a bove measures without prior notice to the defendant.   
363. Pursuant to Article 158 of the Civil Proce dural Code, the court could adopt provisional 
measures when, in the absence of such measures, the court's ruling would be hindered or rendered 
impossible.   
- Administrative procedures and remedies 
364. 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. 
365. She noted that such infringements could lead to  review by the authorised bodies, pursuant to 
Articles 128, 129 and 145 of the Code of Admi nistrative Violations, which could include 
administrative commissions.  A review would start with the introduction of members of a commission, other review body or individual officials, followed by the announcement of a protocol of administrative violation.  Petitions were permitte d during meetings, persons participating in the WT/ACC/SPEC/KAZ/9/Rev.1 
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  review were given a hearing, and evidence was examined.  After consideration of the case, the 
authorised administrative body terminated the pr oceedings or imposed administrative sanctions. 
366. 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 violations, 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 
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.  For repeated violations under this Article, the corresponding fines 
were set at 30-50 MCI, 50-100 MCI and 100-200 MCI respectively.  Any interested party could challenge the decision of the authorised body with a higher authority. 
367. 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 th e Appellate Council 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 Law 
"On Trademarks, Service Marks and Geographical Indications").  If the applicant remained 
dissatisfied 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 viol ations were considered by the courts, violations 
concerning the rights to objects of industrial pr operty, other than those considered in the 
Administrative Code, were considered within the framework of the civil legislation.  
368. 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 rights could be settled only in courts.  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 125 
 
 
  - Special border measures 
369. The representative of Kazakhstan said that Articles 410 – 420 of the Customs Code 
(i.e. Section X) established a customs control me chanism for preventing the import and export of 
goods containing objects of intellectual property rights. 
370. 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 noted that Article 416 of the 
Customs Code allowed the customs authorities to  suspend the release of goods included in the 
Customs Registry of goods containing objects of in tellectual property.  The release of such goods was 
suspended during customs clearance if the custom s authorities discovered any signs of the goods 
being counterfeit.  The procedure for keeping the Customs Registry was approved by Order No. 201 
of the Chairman of the Agency of  Customs Control of 13 May 2003. 
371. 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 the goods under customs supervision (Article 418 of 
the Customs Code).  Pursuant to Article 416 of the Customs Code, the customs body also had to 
provide the name and address of the declarer.  The legal owner was obliged to make a payment 
compensating for the losses of the declarer in connection with the goods' suspension within three 
working days of the notification of suspension.  The rate of payment was specified by the Customs 
Control Committee.  The decision of the Customs Control Committee to include goods containing 
intellectual property in the Registry for a term specif ied by the applicant, guaranteed that the rights of 
the right holder were protected by the customs aut horities for a period of up to two years from the date 
of inclusion in the Registry. 
- Criminal procedures 
372. The representative of Kazakhstan said that the Criminal Code provide d for legal protection 
against infringement of intellectual property rights and contained provisions on criminal 
responsibility.  The provisions of the Criminal C ode had been strengthened with the adoption of the 
Law "On Amendments and A ddenda to Legislative Acts of the Re public of Kazakhstan on Intellectual 
Property" of 22 November 2005.  In particular, Article 184-1 had introduced the concepts of 
"selection achievements" and "integrated circuit layout s".  In addition, certain types of infringement – 
namely, illegal acquisition, storage or hauling of  counterfeit copies of works and phonograms – had 
been defined.     WT/ACC/SPEC/KAZ/9/Rev.1 
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  373. In accordance with the amendments to the Criminal Code (Articles 184-1 and 184-4), 
(i) usurpation of authorship or coercion into join t authorship, if such action caused considerable 
damages; and (ii) disclosure without the consent of the author/applicant of an invention, utility model, 
industrial design, selective achievement or microcircu it layout design prior to its official publication 
could result in a fine equivalent to 100-500 MCI or  equivalent to the amount of income received by 
the convicted party for a period of one to five months, as well as public works for 100 to 180 hours or 
imprisonment for up to two  years.  In addition, (i) the illegal use of a copyright and related rights, as 
well as the purchase, storage and production of count erfeit 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 microcir cuit layout design (in significant quantities) were 
punishable by fines equivalent to 500-700 MCI or e quivalent to the amount of income received by the 
convicted party for a period of five to ten mont hs, as well as public works for 180 to 240 hours or 
imprisonment for up to six months.  Repeated ac tions and premeditated gr oup 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.  
374. She further noted that the illegal use of a trademark, service mark, firm name, appellation of 
origin or other designations of goods (services) for the related goods or services could result in a fine 
or imprisonment if the action was performed repeat edly and resulted in severe damages.  The court 
could impose fines equivalent to 200-500 MCI, or to  the amount of income received by the convicted 
party for a period of two to five months; public works for 180 to 240 hours; detention for up to 
six months; or imprisonment for up to two years.   
375. For illegal use of a trademark or appellations of origin not registered in Kazakhstan, if the 
action was performed repeatedly and resulted in severe damages, the court could impose fines 
equivalent to 100-200 MCI, or to the amount of income received by the convicted party for up to 
two months; public works for 120 to 180 hours; deten tion for up to three months; or imprisonment for 
up to one year (Article 199 of the Criminal Code). 
376. 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 severe damage if that value exceeded 500 MCI. 
377. 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  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 127 
 
 
  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.  
378.   The representative of Kazakhstan replied th at criminal penalties to prevent trade in 
counterfeit trademark goods were provi ded in Article 199 of the Criminal Code (Special Part).  The 
representative of Kazakhstan added that the Law "O n Changes and Amendments to Legislative Acts 
of the Republic of Kazakhstan on Intellectual Pr operty" 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 
379. The representative of Kazakhstan stated 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 2001 an d 2002, the balance of foreign trade in services had 
been negative, with exports amounting to US$1,588 million, and imports amounting to 
US$3,667 million in 2002.  In the sphere of trad e in services, enterprises with foreign direct 
investment (FDI) accounted for more than 90 pe r cent of the turnover in construction and business 
services.  Among services provided by foreign supp liers were geological pr ospecting and product 
certification, legal and other consulting services, el ectronic data processing, engineering and technical 
services.  
380. 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. 
381. 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 WT/ACC/SPEC/KAZ/9/Rev.1 
Page 128  
 
  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. 
382. Asked about "natural monopolies" in the telecommunications sector, she replied that the 
Telecommunications Sector Development Program fo r the period 2003-2005, adopted by Government 
Resolution No. 168 of 18 February 200 3, 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 seven ope rators.  In addition, since 1 January 2006, all 
restrictions on the interconnectivity between opera tors had been removed and customers were given 
the technical opportunity to choose between ope rators of international and long-distance 
communications.  Pursuant to amendments to Ar ticle 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 universal tel ecommunications network.  In addition, operator 
connection services (to the services of the universal telecommunication network) and telephone transit 
services would remain regulated and would only be excluded from the list of natural monopolies after 
the development of a competitive environment.  She added that pursuant to Law No. 568 "On 
Communications" of 5 July 2004, (i) fixed telephone communications services (local, area and long-distance); (ii) services providing mass Internet ac cess in towns with population of over 3,000; and 
(iii) telegraph communication services, were define d as universal telecommunications services which 
were subject to government regulation.  In acco rdance with the Law "On Communications", foreign 
participation in the capital of companies pr oviding long distance and/or international 
telecommunication services using fixed communication networks (cable, optical fibre, radio relay) 
was limited to 49 per cent.  This limitation 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.    WT/ACC/SPEC/KAZ/9/Rev.1 
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  383. 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 1997-2005, 250 licenses for local co mmunication services and 323 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.   
384. 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.   
385. 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. 
386. 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 WT/ACC/SPEC/KAZ/9/Rev.1 
Page 130  
 
  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 
387. 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.   
388. 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, the official publication of legislative acts affecting the rights, freedoms and obligations of 
citizens (other than acts containing state secrets and le gally-protected confidential information) had to 
take place in the Bulletin of Parliament and in the Collection of Acts of the President and the 
Government.  Legislative acts were also publis hed officially in the periodicals "Yegemen 
Kazakhstan" and "Kazakhs tanskaya Pravda", which obtained th e publication rights as a result of a 
competitive process established by the Government.  When a wide-scale, prompt publication was 
necessary, Presidential Decrees and Government  Resolutions were published in "Yegemen 
Kazakhstan", "Kazakhstanskaya Pravda", "Zan " and "Yuridicheskaya Gazeta".  Subsequent 
publication took place in periodicals after the te xts had undergone a compliance check with the 
centralized bank of legal acts of Kazakhstan.  Legal acts  were published in the Bulletin of Parliament 
(as well as in other periodicals in the order establis hed by Article 30); Presidential and Government 
Resolutions were published in the Collection of Acts  of the President and the Government (as well as 
in other periodicals in the order established by Artic le 30); and legal acts of the Central Executive and 
other Central Executive State Bodies were publishe d in periodicals in the order established by 
Article 30.  The Justice authorities had control over  the publication of the legal acts of central and 
local administrative bodies.  Regulatory Decisions and Resolutions of Maslikhats and Akims were 
published in periodicals in the order determined 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. 
389. 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. 1300 of 10 Decemb er 2005).  As for technical regulations, the 
government body responsible for their developmen t was in charge of notifying the removal of 
technical regulations, the introduction of new draf t technical regulations (for comments), and draft  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 131 
 
 
  amendments to existing ones.  Drafts of especially important legal acts, such as the Tax Code and the 
Civil Code, could be published preliminary in the official periodicals for comments.     
390. 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 
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-rela ted 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. 
391. [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.] 
- Notifications 
392. [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 
393. The representative of Kazakhstan noted that Kaza khstan had established a number of bilateral 
and multilateral agreements with other CIS countries.  Kazakhstan had bilateral trade agreements with 
all CIS countries with the exception of Turkmenist an (Azerbaijan, Armenia,  Belarus, Georgia, 
Kyrgyzstan, Moldova, the Russian Federation, Tajik istan, Uzbekistan, and Ukraine).  Under these WT/ACC/SPEC/KAZ/9/Rev.1 
Page 132  
 
  bilateral free trade agreements, goods originating from these countries and imported to Kazakhstan 
were exempted from customs duties, except fo r a number of goods listed in the Schedule of 
Exemptions, which were subject to normal customs du ties, 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 white sugar (1701 99 100).  The Schedule of Exemptions was included in 
the protocols on exemptions from free trade under th e bilateral free trade agreements.  Currently 
Kazakhstan applied exemptions towards Georgia, Ukraine, Azerbaijan, Uzbekistan and Moldova.  
The phased elimination of these exceptions was envisage d as part of the creation of a free trade area.   
394. Belarus, the Kyrgyz Republic, the Russian Fe deration, Tajikistan a nd Kazakhstan had signed 
an Agreement on the creation of a Customs Union on 26 February 1999 in an effort to form a Single Economic Area.  With the aim to complete the Customs Union, me mber-States had reorganized the 
regional arrangement 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.  The parties to this Agreement would not apply customs duties or quantitative 
restrictions in mutual trade.  The stage-by-stag e transition towards the adoption of EurAsEC common 
customs tariffs was expected to last five years, with a possible extension.  EurAsEC member-States 
shared a free trade regime which was not subject to  any exceptions or limitations.  Uzbekistan joined 
the EurAsEC Agreement in January 2006.  Although b ilateral trade in ethyl spirit, vodka and tobacco  
products between Uzbekistan and Kazakhstan would initially be excl uded from the coverage of the 
free trade regime (as applicable between Uzbekistan  and Kazakhstan), the stag e-by-stage elimination 
of these exemptions had already been planned.    
395. The Agreement on the formation of the Single Economic Area (SEA) had been signed by the 
Presidents of Belarus, the Russian Federation, Ukraine and Kazakhstan on 19 September 2003.  The 
agreement aimed at promoting trade, investment  and at improving living standards on the basis 
generally recognized international legal principles, including WTO rules.  The main principles of the 
SEA were to ensure free trade in goods and services  and free movement of labour and capital.  The 
main objectives included the development of common agriculture, transport and competition policies, 
as well as the creation of a common system for regulation of the activities of natural monopolies.  The 
SEA also foresaw the introduction of unified prin ciples for the development and application of 
technical regulations, standards and sanitary and phy tosanitary norms.  Pursuant to Article 2 of the 
Agreement on the Formation of the SEA, the first st age of the SEA focused on the "creation of a free 
economic zone without withdrawals and restric tions, based on mutual non-application of anti-
dumping, countervailing and safeguard measures, pursuit of common tariff policy and non-tariff 
regulation, common competition rules, use of subs idies and other forms of state support".  The  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 133 
 
 
  development of the SEA was a stage-by-stage process which was expected to take into consideration 
the different levels of socio- economic reforms ta king place in member-States.  At present, the SEA 
member-States were in the process of approving the relevant international legislation necessary for the 
establishment of the SEA, while taking into account WTO rules and provisions.  Thus, SEA member-States had developed common trade remedy policies a nd regulations, affecting mutual trade and trade 
with other countries, which would lead to the elim ination of anti-dumping, countervailing and import 
protection measures in trade relations between Uk raine, the Russian Federation, Kazakhstan and 
Belarus.  Detailed information on Kazakhstan's trade agreements is contained in Annex 16. 
CONCLUSIONS 
[to be completed] 
 WT/ACC/SPEC/KAZ/9/Rev.1 
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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 paragr aph 1 of Article IX of the Marrakesh 
Agreement Establishing the World Trade Orga nization (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.1 
 Page 135 
 
 
  DRAFT PROTOCOL  
ON THE ACCESSION OF THE REPUBLIC OF KAZAKHSTAN 
 
Preamble  
 
 The World Trade Organization (hereinafter referred 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 acce des to the WTO Agreem ent pursuant to Arti cle  XII of that 
Agreement and thereby becomes a Member of the WTO.  
 
2. The WTO Agreement to which Kazakhstan accedes shall be the WTO Agreement as rectified, 
amended or otherwise modified by such legal instrume nts as may have entered into force before the date 
of accession..  This Protocol, which shall include th e commitments referred to  in paragraph … of the 
Working Party Report, shall be an integral part  of the WTO Agreement, and nothing in these 
commitments shall be understood to derogate from  the rights of Kazakhstan under the WTO Agreement 
as applied between the Members of the WTO by th e date of accession of Kazakhstan to the WTO. 
 
3. Except as otherwise provided for in pa ragraph … 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. [Kazakhstan may maintain a me asure inconsistent with paragr aph 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.] 
 WT/ACC/SPEC/KAZ/9/Rev.1 
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  PART II - SCHEDULES 
 [5.] The Schedules reproduced in Annex I to this Protocol shall become the Schedule of 
Concessions and Commitments annexed to the General Agreement on Tariffs and Trade 1994 
(hereinafter referred to as the "GATT 1994") and the Schedule of Specific Co mmitments 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 paragraph 6( a) of Article II of GATT 1994 to the date of that 
Agreement, the applicable date in respect of the Schedule of Concessions a nd 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 registered in accordance with the provisions 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.1 
 Page 137 
 
 
  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.1 
Page 138  
 
  ANNEX 1 
Laws, regulations and other information provided to the Working Party of Kazakhstan
 
Economic Policies 
- 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; 
- 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 St ate 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 fo r 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; 
- 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.  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 139 
 
 
  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 Repub lic of Kazakhstan 'On Production Sharing 
Agreements in Offshore Oil Opera tions'" 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; 
- 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 R esolution of the Government of the Republic 
of Kazakhstan No. 137 of 28 January 2000  'On 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; 
- 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 WT/ACC/SPEC/KAZ/9/Rev.1 
Page 140  
 
  - 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. 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 Li st 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;  
- 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;  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 141 
 
 
  - 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 Juridical  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 Approval of Licensing Fee Rates for the Right to 
Perform Certain Types of Activities' of 24 January 2002" of 31 December 2005; 
- Resolution No. 1324 "On Amendments into the Resolution of the Government of the 
Republic of Kazakhstan No. 1660 '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 e xport 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 amendments  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 chang es 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 Agen cy 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; 
- 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; 
- Draft Law on Antidumping; 
- Draft Law on Subsidies and Countervailing Measures; and 
- Draft Law on Safeguard Measures.  WT/ACC/SPEC/KAZ/9/Rev.1 
Page 142  
 
  Standards, certification, technical regulations 
- Law No. 603-II "On Technical Regulating" of 9 November 2004; 
- 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 "O n 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; 
- 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 stan dardization, 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"; 
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 Approva l of the Regulations of Elaboration, Co-
ordination, Registration, Approval, Examinati on, Alteration, Annulm ent and Implementation  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 143 
 
 
  of the State Standards and 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 Co mmittee 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 "O n 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. 
SPS measures 
- 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 Epidemiol ogical 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; WT/ACC/SPEC/KAZ/9/Rev.1 
Page 144  
 
  - 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.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 State Procur ement 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 "Concerning trademarks, service marks a nd appellations of origin of goods" of 
18 January 1993; 
- 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  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 145 
 
 
  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; 
- 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 Repub lic of Kazakhstan "On Ratification of the 
Agreement "Concerning the Customs Union" be tween 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 WT/ACC/SPEC/KAZ/9/Rev.1 
Page 146  
 
  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.1 
 Page 147 
 
 
  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, technical 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-ga rdening and output of seed-plot’s 
products except for cultivatio n of flowers, seed farm ing of floral croppers  
 
01.13 Cultivation of fruits, nuts, croppers for the production of drinks and 
spicery except for cultivation of spic y 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 fiel d of plant growing and live stock-
breeding, except for veterinary services; landscape planning 
01.41 Rendering of services in the field of plant growing, except for: 
- making, treatment and maintenan ce 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, levelling 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 limneti c crustaceous and 
molluscous; hunting of watery animals:  turtles, ascidians, tunicates, 
urchins etc.; services connected with fi shery:  fish conservancy and fishery 
supervision for sea foods harvesting: na tural 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 ag ricultural 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 fi sh and fish foods, except for: 
preparation of ready fish dishes 
15.86 Manufacture of tea and coffee 
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 Manufacture of 
foodstuffs, including 
beverages 
15.98 Manufacture of mineral water and other non-alcoholic beverages WT/ACC/SPEC/KAZ/9/Rev.1 
Page 148  
 
  No. Name of the section Code Name of  the type and sub-type of activity 
1 2 3 4 
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, ar tificial 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 
17.5 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 arti cles 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 a nd other articles of leather 
19.20 Manufacture of cases, bags a nd 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 structures and joiner's articles 20 Processing of wood and 
manufacture of articles 
of wood 
20.30 Manufacture of wooden building structures 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.1 
 Page 149 
 
 
  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 renderin g 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 gene ral chemical matters 
24.11 Manufacture of industrial gases 
24.12 Manufacture of colours and pigments 
24.13 Manufacture of other genera l inorganic (chemical) matters 
24.14 Manufacture of other genera l organic (chemical) matters,  
24.15 Manufacture of fertilis ers 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 washi ng, cleansing and polishing matters, 
perfume and cosmetic matters 
24.51 Manufacture of soap and washin g, 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 plates, strips, tubes and profiles 
25.22 Manufacture of plastic arti cles for package of goods 
25.23 Manufacture of plastic arti cles used in construction 25 Manufacture of rubber 
and plastic articles 
25.24 Manufacture of other plastic articles WT/ACC/SPEC/KAZ/9/Rev.1 
Page 150  
 
  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 an d 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 arti cles 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 asbestos 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 mine ral products not entered in other 
groups 
27.1 Manufacture of iron, steel and ferrous alloys  
27.10 Manufacture of iron, steel 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 proce ssing 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  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 151 
 
 
  No. Name of the section Code Name of  the type and sub-type of activity 
1 2 3 4 
28.1 Manufacture of building metal structures and articles 
28.12 Manufacture of building metal articles 
28.2 Manufacture of metal reservoirs, ra diators 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 for boilers of the central heating 
system 
28.30 Manufacture of steam boilers, except for boilers of the central heating 
system 
28.7 Manufacture of other ready-made metal articles 
28.71 Manufacture of metal barrels and analogous containers 
28.71 Manufacture of package of light metals 
28.73 Manufacture of articles of wire 
28.74 Manufacture of fastening articles, chains and springs 28 Manufacture of ready-
made metal articles 
28.75 Manufacture of other ready-made metal articles 
29.1 Manufacture of m echanical 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 transmissions, elements of mechanical 
transmissions and drives 
29.2 Manufacture of other equipm ent of general designation 
29.21 Manufacture of furnaces and kiln burners 
29.22 Manufacture of lifting-transporting equipment 
29.23 Manufacture of industrial refri gerating 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 equipment 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 a nd equipment of sp ecial 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 equi pment for preparation of foodstuffs, 
including beverages, and tobacco articles 
29.54 Manufacture of equipment for produc tion 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 equi pment 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 WT/ACC/SPEC/KAZ/9/Rev.1 
Page 152  
 
  No. Name of the section Code Name of  the type and sub-type of activity 
1 2 3 4 
31.1 Manufacture of electric engine s, generators and transformers 
31.10 Manufacture of electric engine s, generators and transformers 
31.2 Manufacture of electric dist ributing and controlling equipment 
31.20 Manufacture of electric dist ributing 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 equipm ent, except for electric equipment for 
engines and transport vehicles 
32.1 Manufacture of electric and radio elements 
32.10 Manufacture of electric 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 medi cal equipment, including surgical 
equipment, and orthopaedic attachments 
33.10 Manufacture of articles of medi cal equipment, including surgical 
equipment, and orthopaedic attachments 
33.2 Manufacture of controlling-metering de vices, 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 de vices, 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, manufact ure of trailers and semi-trailers 
34.20 Manufacture of car bodies, manufact ure of trailers and semi-trailers 
34.3 Manufacture of parts and accesso ries to cars and their engines 34 Manufacture of cars, 
trailers and semi-trailers 
34.30 Manufacture of parts and accesso ries 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 whic h 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   WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 153 
 
 
  No. Name of the section Code Name of  the type and sub-type of activity 
1 2 3 4 
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 distribution 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 
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, exce pt 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 t ourist 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 
62.23 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 trans port subject to timetable 
62.2 Activity of air transpor t not subject to timetable 
62.20 Activity of air transpor t 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 trans port, 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 transpor t, except for regulation of use of air 
space  WT/ACC/SPEC/KAZ/9/Rev.1 
Page 154  
 
  No. Name of the section Code Name of  the type and sub-type of activity 
1 2 3 4 
64.2 Telecommunication 64 Communication 
64.20 Telecommunication, including: 
- exploitation of national satellit e 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 spacecr afts for mobile  communication 
 and navigation; 
- excluding:  sound transmission, pi ctures, data or other information 
via cable, broadcasting, relay or satellite connection, telephone or 
telegraph communication and tele x, mechanical services of 
telecommunication networ k, transmission (translation) of radio and 
television programs. 
92.1 Activity connected with  cinema and video films 
92.11 Manufacture of cinema and vide o films, except for intended for 
advertising  
92.6 Activity in the field of sport 
92.61 Activity of sportive items  
Activity of sports buildings , except for bowling halls 92 Activity for organisation 
of leisure and 
entertainment, culture 
and sport 
92.62 Other activity for organisation of leisure and entertainment, 
not included in other groupings, only regarding activity of beaches   WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 155 
 
 
  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.1 
Page 156  
 
  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 tons  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.1 
 Page 157 
 
 
  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, supply of oil a nd 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 2004WT/ACC/SPEC/KAZ/9/Rev.1 
Page 158  
 
  3(c): State property exempted from privatization, including its preliminary stages, until 2006
 
1. National scientific and technical organizations operating under programs of the Ministry of 
Defence of the Republic of Kazakhstan, the Na tional Security Committee of the Republic of 
Kazakhstan, the Ministry of Internal Affairs of  the Republic of Kazakhstan, the Agency of the 
Republic of Kazakhstan for Emerge ncy Situations, the Ministry of Industry  and Trade of the 
Republic of Kazakhstan, the Agency of the Repub lic of Kazakhstan for the Protection of State 
Secrets, and under fundamental programs of the Ministry of Education and Science of the Republic of Kazakhstan.  
2. Real estate constituting national and mobilizati on reserves, capacities for the production of 
dual-purpose products. 
3. Property transferred by commissariats or local executive bodies to military units and 
organizations mobilized for the purposes of civil defence.  
4. Public organizations and sites used for milita ry purposes, incl. maintenance, launching, and 
tracking of space crafts, R&D in the same fields and in anti-aircraft, anti-missile defence, and radio- and electronic suppression.   
5. Air navigation components of air traffic mana gement systems, telecommunication networks, 
and air safety networks.  
6. Supervisory etc. public bodies and agencies.  
7. Mapping, surveying, and hydrometeorological pu blic agencies, observatories, weather and 
seismic stations.  
8. R&D agricultural bodies of the Ministry of Education and Science of the Republic of 
Kazakhstan; public bodies for grain and seed expe rtise, phytosanitary monitoring, variety test 
centres, quarantine stations and laboratories.  
9. Main Republican and regional channels.  
10. Public veterinary organizations involved in di agnostics of zoonoses, epizootic monitoring of 
wild animals, pre-registration testing and cont rol of veterinary drugs, maintenance of the 
Republican reserve of veterinary drugs, diagnos tics of dangerous contagious animal diseases 
listed in the schedule approved by the Govern ment of the Republic of Kazakhstan, and 
liquidation of focuses of infection. 
11. National organizations for patent management. 
12. Public bodies, sites and equipment for recycling and disposal of solid and liquid radioactive 
waste; graveyards of cattle.  
13. Crematoriums and cemeteries.  
14. Property of the national secure mail service. 
15. Public organizations involved in  reproduction of animals and fish farming (acclimatization 
stations, fish farms, spawning centres). 
16. Property and observation points of the national ne tworks for monitoring of subsoil, subsurface 
waters, and dangerous  geological processes. 
17. Public organizations for the protection and reproduction of fauna and forestry. 
18. Public organizations of preschool educa tion and secondary vocational education. 
19. Major cultural sites supervised by the Cultu ral Committee of the Ministry of Culture, 
Information, and Public Accord of the Repub lic of Kazakhstan, as well as museums, theaters, 
movie houses, libraries, and concert halls in public property.   
20. Collection and depositories of dangerous pa thogens and industrial microorganisms. 
21. Republican bank of biologically active compounds. 
22. Republican bank of samples of drug substances and foreign matters. 
Source: Government Resolution No. 1587 of 24 October 2000 (Annex 1)  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 159 
 
 
  3(d): List of state-owned property exempted from privatization,  
including its preliminary stages, until 2006  
State-owned research technical organizat ions working on fundamental programs  
Ministry of Industry and Trade of the Republic of Kazakhstan: 
1.  NSOE "Research Centre of Anti-Infective Medicines", Almaty city; 
2.  NSOE "Research Centre of Mechani cal Engineering Modeling", Karaganda city; 
3.  NSOE "Mashinostroyeniye" Intersectoral R esearch and Technology Centre", Almaty city. 
Ministry of Economy and Budget Planning of the Republic of Kazakhstan: 
4.  NSOE "Research and Methodological Cent re for Special Programs", Astana city. 
Ministry of Education and Science of the Republic of Kazakhstan: 
5.  NSOE "Centre of Chemical and Technological Researches", Almaty city; 
6.  NSOE "Centre of Physical and Mathematical Researches", Almaty city; 
7.  NSOE "Centre of Astrophysical Researches", Almaty city; 
8.  NSOE "Centre of Biological Researches", Almaty city; 9.  NSOE "Centre of Geological and Geographical Researches", Almaty city; 
10.  NSOE "National Centre of Biotechnology of  the Republic of Kazakhstan", Akmola Oblast; 
11.  NSOE "Institute of Plant Physiology, Genetics, and Bioengineering", Almaty city; 
12.  NSOE "Institute of General Genetics and Cytology", Almaty city; 
13.  NSOE "Institute of Microbiology and Virology", Almaty city; 14.  NSOE "Institute of Applie d Mathematics", Karaganda city. 
State Organization of Secondary Vocational Education
 
Ministry of Culture, Information and Sport of the Republic of Kazakhstan: 
15.   NSOE "National Sport College", Almaty city. 
Ministry of Education and Science of the Republic of Kazakhstan: 
16.  NSOE "P. Chaikovsky Almaty College of Music", Almaty city; 
17.  NSOE "A. Seleznev Almaty Choreographic School", Almaty city; 
18.  NSOE "O. Tansykbayev Almaty College  of Arts and Crafts", Almaty city; 
19.  NSOE "Zh. Yelebekov National Show  and Circus College", Almaty city; 
20.  NSOE "Akmolinsk College of Finance and Economy", Almaty city; 
21.  NSOE "Rymbek Baiseitov Semipalatinsk Co llege of Finance and Economy", Semipalatinsk 
city. WT/ACC/SPEC/KAZ/9/Rev.1 
Page 160  
 
  Animal and Fish Resources Replication
 
Related State-Owned Organizations  
Fishery Committee under the Ministry of Agri culture of the Republic of Kazakhstan: 
22.  NSOE "Atyrau Sturgeon Fish Rearing Station", Atyrau city; 
23.  NSOE "Ural-Atyrau Sturgeon Fish Rearing Station", Atyrau city; 24.  NSOE "Shardarinsky Fish Hatchery",  South Kazakhstan Oblast, Shardara city; 
25.  NSOE "Petropablovsk Fish Hatchery", Petropavlovsk city; 
26. NSOE "Maibalyksky Fish Hatchery", Astana city; 
27.  NSOE "Kachirsky Fish Hatchery", Pavlodar Oblast, Kachirsky Rayon; 
28.  NSOE "Karaganda Fish Hatchery", Ka raganda City, Novye Solonchaki Station; 
29.  NSOE "Kazakh Production and Accl imatization Station", Almaty city; 
30.  NSOE "Kapchagay Spawning Hatchery ", Almaty Oblast, Yenbekshi-Kazakh Rayon; 
31.  NSOE "Kamyshlybashsky Fish Hatchery", Kyzylorda Oblast, Aralsky Rayon; 32.  NSOE "Verkhne-Tobolsky Fish Hatchery", Kostanay Oblast, Lisakovsk town; 
33.  NSOE "Bukhtarminskoye Spawing Hatchery",  East Kazakhstan Oblast, Kurchumsky Rayon. 
Research and Development State-Owned Organizations
 
Related to Agriculture and Phytosanitary Monitoring  
Ministry of Agriculture of the Republic of Kazakhstan: 
34.  NSOE "A.I. Barayev Scientific-Production Ce ntre of Grain", Akmola Oblast, Shortandinsky 
Rayon, Nauchny Settlement; 
35.  NSOE "Scientific-Production Centre of An imal Husbandry and Health", Almaty city; 
36.  NSOE "Scientific-Production Centre of Processing and Food Industry", Almaty city; 37.  NSOE "Karaganda Research and Development Institute of Plant Cultivation and Selection", 
Karaganda Oblast, B ukharzhyrausky Rayon; 
38.  NSOE "North-Western Scientific-Production Centre of Agriculture", Kostanay Oblast, 
Kostanay Rayon; 
39.  NSOE "South-Western Scientific-Producti on Centre of Agriculture", Shymkent city; 
40.  NSOE "Phytosanitary", Astana city. 
State-Owned Veterinary (Animal Health) Organizations
 
Ministry of Agriculture of the Republic of Kazakhstan: 
41.  NSOE "National Veterina ry Laboratory", Astana city; 
42.  NSOE "National Antiepi zootic Group", Astana city. 
State-Owned Organizations on Animals  
and Forest Protection and Replication  
Forestry and Game-Preserve Committee under the Mini stry of Agriculture of the Republic of 
Kazakhstan: 
43.  NSOE "Almaty Forest Selection Centre", Almaty city; 
44.  NSOE "Kokshetau Forest Selection Ce ntre", Akmola Oblast, Schuchinsk city.  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 161 
 
 
  National Cultural Objects  
Ministry of Culture, Information, and Sport of the Republic of Kazakhstan: 
45.  NSOE "Central State Museum of th e Republic of Kazakhstan", Almaty city; 
46.  NSOE "State Collection of Unique St ringed Musical Instruments", Almaty city; 
47.  NSOE "A. Kasteyev State Museum of Arts of the Republic of Kazakhstan", Almaty city; 48.  NSOE "Ykhlas National Museum of Folk Intruments", Almaty city; 
49.  NSOE "National Museum of Book", Almaty city; 
50.  NSOE "Ordabasy" National Historical and Cultural Reserve", South Kazakhstan Oblast, 
Ordabasynsky Rayon; 
51.  NSOE "Sabit Mukanov and Gabit Musrepov Literature and Memorial State Museum 
Compex", Almaty city. 
Hydrometeorology State-Owned Organizations
 
Ministry of Environment Protection of the Republic of Kazakhstan: 
52.  NSOE "Kazgidromet", Almaty city; 
53.  NSOE "Kazaviamet", Almaty city. 
Medical organizations providing primary health care services (blood centres, mother and child 
protection, radiation medicine organiza tions; cancer, HIV and AIDS, tuberculosis, 
dermatovenerologic and mental diseases care organizations)  
Ministry of Health of the Republic of Kazakhstan 
54.  NSOE (National State-Owned Enterprise) "Kazakh Research Institute of Oncology and 
Radiology", Almaty City; 
55.  NSOE "Dermatovenerologic Research Institute", Almaty City; 56.  NSOE "Research Institute of Radiation Medicine and Ecology", Semipalatinsk City; 
57.  NSOE "National Research Centre of Mother and Child Protection", Almaty City; 
58.  NSOE "National Blood Centre", Almaty City; 
59.  NSOE "Research Centre of Hygiene and Epidemiology", Almaty Centre; 
60.  NSOE "Macksut Aikimbayev Kazakh Rese arch Centre of Quarantine and Zoogenous 
Infections", Almaty City. 
Source: Government Resolution No. 1587 of 24 October 2000 WT/ACC/SPEC/KAZ/9/Rev.1 
Page 162  
 
  3(e): List of joint-stock companies with state-owned shares  
exempted from privatization, including its preliminary stages, until 2006  
1. JSC (Joint Stock Company) "National Comp any ‘KazMunayGas", Astana city, 100 per cent; 
2.  JSC "National Atomic Company ‘Kazatomprom", Almaty city, 100 per cent; 3.  JSC "KEGOC" - (Kazakstan Electricity Grid Operating Company), Almaty city, 100 per cent; 
4.  JSC "National Sea Shipping Company ‘Kazmortransflot", Astana City, 50 per cent; 
5.  JSC "Food Contract Corporation", Astana city, 100 per cent; 
6.  JSC "Bukhtarminskaya Hydroelectric Power Station", Ust-Kamenogorsk city, 90 per cent; 
7.  JSC "Shulbinskaya Hydroelectric Power Station", Ust-Kamenogorsk city, 90 per cent; 8.  JSC "Ust-Kamenogorsk Hydroelectric Power Station", Ust-Kamenogorsk city, 90 per cent; 
9.  JSC "National Innovation Fund", Almaty city, 100 per cent; 
10.  JSC "KazdorNII", Almaty city, 90 per cent; 11. JSC "Kazchermetavtomatika", Karaganda city, 90 per cent; 
12.  JSC "KazAgroFinans", Astana city, 100 per cent; 
13.  JSC "Industrial Park", Astana city, 100 per cent; 14.  JSC "Tselinny Machine Testing Station", Akmola Oblast, Bulandynsky Rayon, Nikolskoye 
Village, 100 per cent; 
15.  JSC "National Company ‘Kazakstan Temir Zholy"; 16.  JSC "Pedigree Farm ‘Astana-Kus", Akmo la Oblast, Arshalynsky Rayon, Aleksandrovka 
village, 70 per cent; 
17.  JSC "Asyl Tulik", Astana city, 8, Makinski side street, 76.88 per cent; 18.  JSC "The Institute of Experimental Biolog y named after F. M. Mukhametgaliyev", Almaty 
city, 54 per cent; 
19.  JSC "Republican Newspaper "Yegemen  Kazakhstan", Astana city, 100 per cent; 
20.  JSC "Republican Newspaper "Kazakhstans kaya Pravda", Astana city, 100 per cent; 
21.  JSC "Republican Informational Exhibiti on Centre for Small Business" Astana city, 
100 per cent; 
22.  JSC "KazAvtoTrans", Astana city, 100 per cent; 
23.  JSC "National company "Kazakhstan E ngineering", Astana city, 100 per cent; 
24.  JSC "State insurance corporation on insura nce of export credits and investments", Almaty 
city, 100 per cent; 
25.  JSC "Kazakh Gazettery", Astana city, 100 per cent; 26.  JSC "Zhas Orken", Asatana city, 100 per cent; 
27.  JSC "The Institute of Legislation of the Republic of Kazakhstan", As tana city, 100 per cent; 
28.  JSC "Kazakhvzryvprom", Almaty city, 100 per cent; 29.  JSC "National Accreditation Centre", Astana city, 100 per cent; 
30.  JSC "Kazagreks", Astana city, 100 per cent; 
31.  JSC "Medical Transport Service", Almaty city, 34 per cent; 32.  JSC "Academy of Civil Aviation", Almaty city, 80 per cent; 
33.  JSC "Joint Kazakhstan Russian enterp rise "Baiterek", Astana city, 50 per cent; 
34.  JSC "KazKuat", Alamaty city, 100 per cent; 35.  JSC "National company "Kazkosmos", Alamty city, 100 per cent; and 
36.  JSC "Informational Accounting Ce ntre", Astana city, 100 per cent. 
Source: Government Resolution No. 1587 of 24 October 2000 
   WT/ACC/SPEC/KAZ/9/Rev.1
 Page 163ANNEX 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 The list of legal acts regulating the activities 
of natural monopoly entities and issues of 
tariff setting 
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. The Law of the RK "On Natural Monopolies" 
dated 9 July 1998; the Law of the RK "On 
competition and limitation of monopoly 
activities" dated 8 July 2006; the Law of the RK "On power industry" dated  9 July 2004.  
  WT/ACC/SPEC/KAZ/9/Rev.1 
Page 164 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 The list of legal acts regulating the activities 
of natural monopoly entities and issues of 
tariff setting 
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. The Resolution of the Government of the RK 
"On approval of the Program of Natural 
Monopoly Entity Tariff Policy Improvement for the period of 2002 – 2004" dated 
15 October  2002 No. 1126   
 The Resolution of the Government of the RK 
"On Approval of the Regulation for Public 
Hearings When Considering the Applications for Approval or Change of the Tariffs (prices, 
fee rates) of Natural Monopolies" dated 
21 April 2003 No. 376    The Resolution of the Government of the RK 
"On Additional Measures for the State 
Regulation of Natural Monopoly's Service Charges and Tariffs" dated 9 April 1999 
No. 400; 
 The Concept on Further Market Relations 
Development in the Power Industry of the RK 
approved by the Resolution of the Government of the RK of 18 February  2004 
No. 190; 
 The Republic of Kazakhstan's 
Telecommunication Sector Development 
Program for the years 2003 – 2005", approved by the Resolution of the 
Government of RK of 18 February 2003 
No. 168;  The Program of Railway Transport 
Restructuring for the years 2004-2006 
approved by the Resolution of the Government of the RK of 6 February 2004 
No. 145 
 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. The Agency Order "On Approval of the 
Regulation on Expenses Formulation Used to Determine the Tariffs (Prices, fee rates) for the Services (Goods, Works) of Natural Monopolies" of 30 July 2003 No. 185-OD 
  
   WT/ACC/SPEC/KAZ/9/Rev.1
 Page 165Number 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 The list of legal acts regulating the activities 
of natural monopoly entities and issues of 
tariff setting 
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. The Agency Order No. 82-OD dated  
19 March 2003 " Оn adoption of Instructions 
on the approval of tariffs (prices, fee rates) and tariff estimates on services (goods, 
works) of natural monopolies"; 
 
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. The Agency Order No. 30-OD dated 
3 February 2003 " Оn adoption of Instructions 
on the approval and introduction of tariffs 
(prices, fee rates) for services (goods, works) 
of natural monopolies for a  medium term period" 
 
The Order of the Agency No. 49-OD dated  24 February 2003 " Оn adoption of the 
Instruction on approval of natural monopoly's 
reorganization or liquidation at the authorized 
body" 
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. The Agency Order No. 121-OD dated 
4 May 2003 " Оn adoption of the Instruction 
for approval by the authorized body the 
conduct of other types of activities technically 
related to the main activities and/or relevant to the natural monopoly's sphere in regard to 
the Kazakh legislation on mail" 
 
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. The Agency Order No. 16-OD dated 
27 January 2003 " Оn adoption of the 
Instruction on approval and concordance of natural monopolies' investment projects" 
  
  WT/ACC/SPEC/KAZ/9/Rev.1 
Page 166 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 The list of legal acts regulating the activities 
of natural monopoly entities and issues of 
tariff setting 
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. The Agency Order No. 125-OD dated 
5 May 2003 " Оn the Instruction on approval 
of alienation and other property transactions of natural monopolies with the authorized 
body" 
 
9 Port services 
(CPC 745) - Ship services; 
- Lighthouse services; - Channel passing services; 
- Mooring services; 
- Anchor services; - Tie-down services; 
- Environment protection 
measures; 
- Quarantine services; - Shipment and dumping works. 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. The Agency Order No. 57-OD dated 
26 February 2003 " Оn approval of the 
Regulation for addition and exclusion of 
natural monopolies from the State Register of 
natural monopoly entities"  
10 Airport services  
(CPC 731) - Services on providing take off 
and landing of an aircraft; 
- Services on providing aviation  
safety. 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. The Agency Order No. 80-OD dated 
19 March 2003 " Оn adoption of the 
Regulation on tariff  establishment (prices, 
fee rates) according to a simplified procedure" 
  
   WT/ACC/SPEC/KAZ/9/Rev.1
 Page 167Number 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 The list of legal acts regulating the activities 
of natural monopoly entities and issues of 
tariff setting 
11 Telecommunication services 
with the use of local networks  
(CPC (752, 75211, 75212)) - Connection of subscriber 
terminal to the 
telecommunication network; 
- Providing local telephone 
communication according to a 
subscriber payment system; 
- Providing local telephone 
communication according to 
time payment system; 
- Providing inter-town telephone 
communication; 
- Leasing of digital telephone 
channels of inter-town and zonal networks; 
- Telegram sending in RK; 
- Providing television 
broadcasting channel; 
- Providing network resources to 
communication statement.  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. The Agency Order No. 46-OD dated 
20 February 2003 " Оn approving the 
Regulation on reducing tariffs (prices, collection rates) for services (goods, works) 
provided for all consumers of natural 
monopoly entities during validity of tariffs (prices, collection rates)"; 
 
The Order of the Agency No. 216-OD dated 28 October 2002 " Оn approving the 
Regulation on applying anti-monopoly 
regulation measures in case of violation of anti-monopoly legislation"  
 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. The order of the Agency No. 149-OD dated 
6 June 2003 " Оn approving the Regulation on 
procurement of material, financial resources 
and services, the costs of which  are taken 
into account when setting tariffs (prices, collection rates) on the services provided by 
natural monopoly entities 
 The Order of the Agency No. 04-OD dated 
13 January 2003 " Оn terms of approving 
tariffs (prices, collection rates) for the services (goods, works) of natural monopoly 
entities" 
  
  WT/ACC/SPEC/KAZ/9/Rev.1 
Page 168 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 The list of legal acts regulating the activities 
of natural monopoly entities and issues of 
tariff setting 
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 The Order of the Agency No. 118-OD dated 
7 June 2002 " Оn approving the Regulation on 
preparing, compiling and agreeing a normative legal act and le gal act drafts of the 
Agency of the Republic of Kazakhstan on 
regulation of natural monopolies and protection of competition"; 
The Order of the Agency No. 44-OD dated 
20 February 2003 " Оn additional 
requirements to the mandatory annual natural 
monopoly entity audit agreement"; 
The Order of the Agency of 26 December 2003 No. 341-OD " Оn 
approving the Regulation on agreeing a 
temporary compensating tariff (price, 
collection rate)"; The Order of the Agency " Оn approving the 
Regulation on natural monopoly entity 
investment program implementation efficiency monitoring" of 26 December 2003 
No. 340-OD; 
The Regulation on public utilities services providing and the Regulation on electric 
power consumption, The Regulation on 
heating power consumption approved by the resolution of the Government of the republic 
of Kazakhstan of  7 December 2000 
No. 1822; The Regulation on establishing and 
cancellation of  reducing coefficients to the 
tariffs on electric power delivery (transit) services approved by the Order of the 
Chairman of the Agency of 
29 December 1999 No. 23- OD  registered in 
the Ministry of Justice of the Republic of Kazakhstan of  6 January 2000 No. 1025   WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 169 
 
 
  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 infeasible to enter the market: 
 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 th e cellular network operators. 
             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.1 
Page 170  
 
  ANNEX 6  
List of countries, eligible for special preferential treatment (GSP) in Kazakhstan
 
6(a): Developing countries  
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 
2 8 .  E g y p t      8 0 .  S w a z i l a n d  
29. Zimbabwe     81. Seychelles 30. India      82. Senegal 
31. Indonesia     83. Saint Vincent and the Grenadines 
32. Jordan     84. Saint Kitts and Nevis 3 3 .  I r a q       8 5 .  S a i n t  L u c i a  
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 and Montenegro (Yugoslavia) 
52. Mauritius     104. Jamaica
  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 171 
 
 
  6(b): Least-developed countries  
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.1 
Page 172 ANNEX 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.1
 Page 173ANNEX 8 
8(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.1 
Page 174 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 
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.1
 Page 175HS 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.1 
Page 176 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 
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.1
 Page 1778(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 
010119900, 010290900, 10391900, 
010392900, 010410800, 
010420900, 01060090 (only wild 
animals) 
070951, 070952000, 071080610, 
071080690 Wild animals,  
wild growing plants 
(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, 
Ministry of Environment Protection of 
the RK Export This measure applies for the 
purposes of environment 
protection of the RK 
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 Ministry of  Industry 
and Trade of the RK  The Licence issuing on the basis of   
activity licence issued by the  Ministry of  
Industry and Trade of the RK Export/ 
Import 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 
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, technology,  
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 of the RK The Licence issuing on the basis of  
activity licence issued by the 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  
  WT/ACC/SPEC/KAZ/9/Rev.1 
Page 178 HS Number Goods Ministries responsible 
for administration of 
licence Ministries subject to coordination upon 
issuing licences Type of 
licence Justification 
040700900, 0507, 050800000, 
0604, 051000,  071230000, 
080221000, 08022200, 0810, 0812, 
121220000, 1301, 1302 (except 
130219300), 9601                           Elephant bone, 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, 
Ministry of Environment protection of 
the RK Export This measure applies for the 
purposes of environment 
protection of the RK 
020610100, 020622100, 
020629100, 020630100, 
020641100, 020680100, 020690100 
(only from wild animals), 0507 
(only  medicine raw materials), 
051000,1211, 121220000,1302 
(except 130219300), 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, 
Ministry of Environment protection of 
the RК Export This measure applies for the 
purposes of environment 
protection of the RK 
280470001 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 
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 – 
Academy of Science, 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  meaning, 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, Academy of 
Science, 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  
   WT/ACC/SPEC/KAZ/9/Rev.1
 Page 179HS Number Goods Ministries responsible 
for administration of 
licence Ministries subject to coordination upon 
issuing licences Type of 
licence Justification 
  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 
261100000, 2613-2615, 280450,     
280490000, 280521000, 
280530100, 280540100, 2825 
(except five-oxide, for  vanadium 
production), 282619000, 
284170000284190900, 2846, 
740500000  750220000, 
760120100, 8101, 8103, and 
mineral 810411000, 8105, 810600, 
8108 resources (except titanium 
sponge), 8109, 8112, 811300              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 
830170000, 847130000,        
847141900, 847149900, 
847150900, 847330100, 851750, 
851780900, 8525, 852610900, 
852691, 8527, 854389900, 
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, 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 Expor t This measure applies for the 
purposes of the international 
and national safety  
  WT/ACC/SPEC/KAZ/9/Rev.1 
Page 180 HS Number Goods Ministries responsible 
for administration of 
licence Ministries subject to coordination upon 
issuing licences Type of 
licence Justification 
2612,2805,2841,2844 (only oxide- 
protoxide of natural uranium, unity 
of uranium by enrichment till 20% 
under uranium isotope 235 and 
sources of radiation ionising. Not 
contain divisible elements), 
380110000 (except pure –nuclear 
graphite), 711011000, 711220000, 711290000, 711510000, 
740500000, 750220000, 760120, 
760200900, 760820, 9022 Nuclear materials, technologies, 
equipment and settlements, 
special non nuclear materials, 
sources of radioactive radiation, 
apparatus, based on application of 
X-ray, alpha-, beta- or gamma- 
radiation 
 Ministry of Industry 
and Trade of the RK Committee on atomic energy of the 
Ministry of Energy and mineral resources 
of the RK. 
 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 
210690200            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 
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 
271000210,  271000250, 
271000390,  271000410, 
271000450 White-spirit, other weak 
distillates, other medium 
distillates for specific processes of  
processing 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  
 
Source:  Government Resolution No. 1037 of 30 June 1997 
  
   WT/ACC/SPEC/KAZ/9/Rev.1
 Page 1818(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 (Art.).  9 item (i).1 sub-item (s.i).38 
-  LRK  "On forensic expertise"  Art.17 
-  LRK  "On institutions of justice" Art.17  
2 Advocates' activity -  LRK  "On licensing" Art.10 s.i. 4 
-  LRK  "On advocates activity" Art.9 -  LRK  "On institutions of justice " Art.19  
3 Notaries'  activity -  LRK  "On licensing" Art. 10 s.i.  6 
-  LRK  "On notary  activity" Art. 8 -  LRK  "On institutions of justice" Art. 19  
4 Property assessment activity -  LRK  "On licensing" i.10 Art. 10 
-  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 as well as chemical means of  self-defense -  LRK  "On licensing" Art. 9 i.1 s.i.  14 
-  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. 9 i.1 s.i.  48 
-  LRK  "On traffic safety" Art. 9  
7 Security activity carried out by  juridical and natural 
persons -  LRK  "On licensing"" Art. 10 s.i.  10-1, s.i.  16 
-  LRK  "On security activity" Art. 5 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 burgl ar alarm devices  -  LRK  "On licensing" Art. 9 s.i.  16 i.1  
9 Legal services related  to criminal  investigation 
(detective) activity rendered by non-governmental  entities -  LRK  "On licensing" Art. 10 s.i.  3  
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. 9 i.1 s.i.  43 1)  Growth , harvest and procurement of narcotic 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.1 
Page 182 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 Environmental Protectio n of the Republic of Kazakhstan 
11 Environmental auditing activity LRK  "O n environmental protection" Art. 21  
12 Ecologically dangerous  types of economic activ ity LRK  "On environmental protection" Art. 21 Land use 
1.  Technical restoration of lands, po lluted with toxic, radioactive and other 
dangerous harmful substances. 
Water management 
2.  Construction and location on drainage ar eas of enterprises and structures that 
use in their production purposes potentia lly dangerous chemical and biologic 
substances and radioactive materials po lluting and contaminating water objects. 
Impact on atmospheric air, climate and the Earth's ozone layer 
3.  Application of the manufacture practice, accompanied with atmospheric 
emission of hazardous  (contaminating) subs tances of the 1-2 class of danger.  
4.  Execution of works applying ozone-des tructive substances, as well as repair, 
assembling, maintenance of equipment containing ozone-destructive substances. 
5.  Import in the Republic of Kazakhs tan and export from the Republic of 
Kazakhstan ozone-destructive substan ces and ozone-bearing products in 
connection with fulfilment of obligati ons of the Republic of Kazakhstan under 
the Vienna Convention on protection of  the ozone layer  and under  the 
Montreal  minutes on substances, dest ructing the ozone layer in compliance 
with the environmental and standard requirements. 
Treatment, storage and  industrial waste disposal 
6.  Incineration, chemical treatment, stor age and burial of dangerous waste of the of 
the 1-3 class of danger, transboundary transportation in connection  with 
obligations  of the Republic of Kazakhs tan according  to Basel  Convention on 
control over the transboundary transporta tion of dangerous waste and disposal.  
7.  Storage of man-caused mineral fo rmations, which have hazardous influence 
upon environment.  
Other environmentally dangerous  types of economy activity 
8.  Location, construction and re-constr uction of enterprises, structures and 
exploitation of other objects within the stat e reserve zone in the north part of the 
Caspian Sea.    
9.  Production of chemical and biologica l substances, having hazardous influence 
upon environment. 
13 Environmental design, regulation and works in the field of 
environmental impact assessment - LRK "On environmental protection" Art. 21 
- LRK "On environmental impact assessment" Art. 11 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. 11 s.i.  2 
-  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. 9 i.1 s.i.  32 
-  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. 9 i.1 s.i.  57 
- LRK "On the state regulation of production and circulation 
of tobacco products" Art. 9   
   WT/ACC/SPEC/KAZ/9/Rev.1
 Page 183No 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 
17 Arrangement  and carrying out of lotteries (except the 
state (national) lotteries)  - LRK "On licensing" Art. 10 s.i.  7  
18 Activity, carried out within different customs procedures 
under the customs legislation of the Republic of 
Kazakhstan, as well as rendering customs services -  LRK as of 17.04.1995. "On licensing" s.i.  34 i.1 Art. 9 
Customs Code of the Republic of Kazakhstan as of 
05.04.2003. 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. 10.s.i.  2  
-  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.  45 п.1 Art. 9. 
-  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.  53 п.1 Art. 9. 
-  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. 9. s.i. 55 i.1 
-  Forest Code of the Republic of Kazakhstan Art. 89  
23 Special water consumption  1)  Diversion capacity out of surface water objects and water consumption  in size 
exceeding  fifty cubic meter  per day  out from  surface  water for needs of  agriculture, industry, power engineering, fish-breeding and transport; 
2)  Diversion capacity out of surface water objects and water delivery to secondary 
and water user. 
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. 9 s.i. 8 
- LRK "On electric power industry" 1.  Production of electric and  heat energy: 
 
 1) industrial management of coordinate d work of electric and heat systems, 
elaboration and control over the syst ems work, elaboration of measures 
on lowering of electric energy consumption to transport in the electric 
systems and lowering heat system loss as well as control their installation; 
 2)  mutual coordination of subdiv isions production activity;  issue of 
technical specifications  to connect  consumers; 
 3)  heat and electric power transmi ssion to consumers notwithstanding  the 
form of property under the contracts awarded; 
 4)  issue permits on connection of c onsumers' electric devices, scheduled 
and non-scheduled (one time) replace ment of the consumers' supply 
meters; 
 5)  operation, assembling of devices and accounting systems.  
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25 Operation of power station, power grids and subs tations - LRK "On licensing", Art. 9 i.1, s.i. 11 
- LRK "On industrial safety in dangerous production 
objects" 
- LRK "On electric power industry" 
- LRK "On oil" 
 2.  Operation (maintenance and current re pair, prevention, availability for service 
maintenance, control of the process equi pment technical condition) of  electric 
stations, electric systems a nd substations, including:  
 
 1)  thermoelectric power stations ope rating on organic fuel  with any other 
types of aggregates; 
 2)  hydroelectric power stations; 
 3)  electric power stations equipped with diesel aggregates; 
 4)  electric power stations, using n on-traditional types of energy (winds, 
solar, sea floods, underground and secondary sources of heat);  
 5)  electric power distribution syst ems, air, overhead transmission line, 
cable buses; 
 6)  transformer substation (step-dow n substation and transformer yard), 
switching centre, relay protection and automatics. 
26 Operation of hydraulic structures  – LRK "On licensing", Art. 9 i.1 s.i. 11 
- 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 re sale  - LRK "On licensing", Art. 9 i.1 s.i. 11 
- LRK "On industrial safety  at dangerous  production 
objects" 
- LRK "On electric power industry" 
- LRK "On oil" 4.  Intermediary activity carries out by  trader – a subject of Organization and 
Operation of Wholesale Market of Electric Power and Electric Energy (OREME), having no electric systems a nd rendering no services related to 
electric systems, making wholesale and pur chase bargains of electric energy in 
view of  subsequent resale.  
28 Operation  of industrial da ngerously explosive and fire 
risk  manufactures  - LRK "On licensing", Art. 9 i.1 s.i. 11 
- 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  
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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); 
 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 dr illing  - LRK "On licensing", Art. 9 i.1 s.i. 11 
- LRK "On industrial safety  at dangerous 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- 
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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 
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;  
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 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; 
 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. 9 п.1 s.i. 11  
- 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. 9 p.1 s.i. 11  
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, da mage repair), current repairs and 
preventative maintenance (faults and da mage repair, occurred in the operation 
process of machines and equipment), mid-life repair and major repairs of 
equipment (reconditioning of partially or  fully of used life of machines, 
equipment) including:  
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1 2 3 4 
 
1)  chemical equipment: 
  - physicochemical process devices (furnaces for chemical manufactures, 
chillers, devices and facilities for evaporator system, extractor, 
electrolytic cells, ozone plants, air dehydration facilities); 
 - vessels and devices:  capacitive cylindrical without interior 
arrangements; with mechanical mixing facilities without heat 
exchanging devices; 
 - liquid filters, equipment for centrif ugal and gravity separation of liquid 
inhomogeneous systems; 
 - equipment for physical and mechan ical material processing (grinding 
mills, bulk and paste-like material  blenders); batchers, agitators, 
batchers, grainers, classifiers. 
 2)  drilling equipment, oil and gas field equipment, geological survey equipment: 
 
 - drilling rigs (derricks, pumps, casings , drill pipes, turbo drill, a bit, draw 
works, swivel, block-and-tackle ar rangement and etc.), facilities for 
underground and major repair of wells , a blow-out equipment, armature 
and facilities for wellhead sealing, Ch ristmas tree, pumping facilities for 
production of oil, pumping units, transfer pump units and compressor systems, wash over and cementi ng units, tank trucks, group gage 
facilities, manufacturing equipment, blocked group pumping stations and 
compressor plant, tools and equi pment for trips, inspection and 
adjustment tools, processing facilitie s  and hoisting gears for assembling 
and lifting of drilling rigs, equipment, aggregates and tools for 
geophysical investigations and postc ompletional flow test and other 
processing facilities; 
 - apparatus and equipment for produc tion of blast hole springing of wells 
including perforators and charges to them, explosive packers, gun side-wall core samplers, demolition torpedoes and  ring pipe cutters, bottom 
hole jet cutters, well logging truck hois ts, perforating station laboratories 
and mobile charging shops; 
 - equipment and facilities for flushing -out of wells (pumping facilities for 
core boring of hard mineral products); 
 - pipes for core boring;  - pipes, equipment, locking and regulating armature, inspection and 
adjustment tools for main pipelines. 
 
3)  mining equipment (including the sa me with component explosion-proof 
electrical): 
 
 - complexes of treating and excavati ng facilities, including aggregates and 
combines; 
 - machines and complexes for shaft deepening and mine working; 
 - powered roof and coupling supports;  
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 - plowing facilities; 
 - headers; 
 - loading machines;  - belt conveyors for transportation of men and cargo; 
 - face conveyors; 
 - protective and other winches,  used at underground works; 
 - mobile mine compressors; 
 - mine electric locomotives, gyro buses and Diesel powered vehicles; 
 - shuttle cars (carriages), sectional trains;  - self-propelled machines with Diesel drive; 
 - man riders; 
 - apparatus and equipment for produc tion of blast hole springing works, 
including  perforators and charges to them, explosive packers, gun side-
wall core samplers, demolition torpedoes and ring pipe cutters, bottom 
hole jet cutters, perforating station la boratories and mobile charging  
shops; 
 - winders, mine cages, tackle, hange rs and hitches for mine cages and 
skips, mine cage parachut es, head frame sheaves; 
 - underground elevator;  - human and human-and-cargo roads for delivery of workers along drifts 
and  mine slopes; 
 - cargo cableways, monorail and surface rail roads in underground 
openings; 
 - track-laying machines, wear thr ough machines, load-haul-dump machine 
and hauling equipment for underground works; 
 - machines and mechanisms for erection of supports and self-propelled 
shelves for assembling of a roof in the underground opening; 
 - hand and core electric drill a nd electric saws, gadders and busters, 
compressed air and hydraulic drills, vulcanizing heaters, applied to 
underground works; 
 - hydraulic elevator and wash over tools;  - hydraulic giants for underground works; 
 - blower of main and local aeration for mines and digging s, dangerous due 
to gas and/or dust, air-operated blowers; 
 - boring rigs and boring facilities fo r underground and open cast mining; 
 - excavator with a bucket capacity of 5 cub. m and more; 
 - dredges and suction-tube dredges; 
 - dust control devices and dust catchers and dust control  tools for coal 
mines. 
 
4)  metallurgical equipment:  
 - kiln driers, heating furnaces, k ilns, smelting furnaces, rolling mills, 
crushers, bolting machines (used in hydrometallurgy, pyrometallurgy, non-ferrous and ferrous metallurgy). 
 
5)  power equipment, explosion proof electrical equipment:  
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 - turbo generators and auxiliari es, thermal units and auxiliaries, 
transmission lines; 
 - electro motors, launchers, switchgears, transformers, transforming 
stations and complete distribution pl ants, power equipment and complete 
protection and signalling equipment; 
 - Other equipment of thermal power st ation, state district power station, 
hydroelectric power stations. 
 6)  Equipments and monitoring system s, anti crash devices and signalling: 
 
 - measuring, registration, account, gage s, tests, check of one or several 
process features, devices, supplying ope ning of equipment, process, at 
infringement of work modes and suppl y  of signals to control consoles; 
 - automated control systems of  technological processes (ASUTP), 
measuring devices, sensors, relay ga ges, auto control devices, control 
and signalling, including control panels , consoles and control cabinets of 
automatic control systems, brea kdown devices (protective devices, 
circuit breakers), measuring cable lines, secondary commutation  of automation systems, regulating and gage units of pulsed lines.  
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32. Designing, manufacture, asse mbling, repair and operation 
of high pressure boilers and pipelines LRK "On licensing", Art. 9 i.1 s.i. 11 
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: 
  1)  steam-boilers (vessel-boilers), disposal – boiler; 
 2)  super heaters and feed-water economizers; 
 3)  hot-water boilers and high pressure steam-water heater;  4)  boilers of mobile and carri age able facilities and power trains; 
 5)  steam-boilers and liquid boilers with high temperature and organic heat 
carriers; 
 6)  pipelines working under pressure.  
13. Operation (maintenance and current repair, prevention, maintenance of 
operation availability, control of technical  state) of steam-boilers, autonomous 
super heaters and economizer under working pressure of more 0.7 kg/ cm2, hot-
water boilers and autonomous econom izers with temperature above 115° С and 
pipelines operating under pressure, including: 
 
 1)  steam-boilers (vessel-boilers), disposal – boiler; 
 2)  super heater and feed-water economizer;  3)  hot-water boilers and high pressure steam-water heater; 
 4)  boilers of mobile and carri age able facilities and power trains; 
 5) steam-boilers and liquid boilers w ith high temperature and organic heat 
carriers; 
 6) pipelines of vapour and hot water;  
 7)  pipelines supplying boilers with fuel.  
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33. Designing, manufacture, asse mbling, repair and operation 
of  hoisting structures LRK "On licensing", Art. 9 п.1 s.i. 11 
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 exploi tation of production/objects), repair 
(planning and preventive, major repairs, di smantling 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 tec hnical state) of hoisting structures, 
including: 
 
 1)  load-lifting cranes of all types;  2)  cranes - manipulators; 
 3)  the cargo electric carriages movi ng on elevated railway lines together 
with a cabin of management; 
 4)  the cranes - excavators purposed  to operate only with a hook, suspended 
on a rope or with an electromagnet; 
 5)  chain-blocks (with an electric and manual drive); 
 6)  mine hoisting facilities of all ty pes (cage type, skip, tub) and purposes 
(fore men, cargo, men and cargo), winc hes of all types (shaft winches, 
assembling winches, lever winches); 
 7)  replaceable hoisting cargo bodies  (hooks, clam-shells, load-lifting 
electromagnets, etc.); 
 8)  demountable hoisting cargo accessories (slings, captures, cross-arm, 
etc.); 
 9)  carrying  packages; 
 10)  electric and hydraulic lifts; 
 11)  escalators from floor to floor and tunnels;   12)  cranes - beams, telphers of all types and standard sizes. 
34. Designing, manufacture, asse mbling, repair and operation 
of  pressure vessel  and pipelines LRK "On licensing", Art. 9 i.1 s.i. 11,  
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: 
 
 1)  the vessels working under pr essure of gas over 0.7 kg/sm2; 
 2)  the cylinders purposed for transportation and storage of compressed, 
liquefied and dissolved gases under pressure over 0.7 kg/sm2; 
 3)  tanks and barrels for transporta tion and storage of the liquefied gases 
being under pressure at temperature 50° С exceeds pressure of 0.7 
kg/sm2; 
 4)  tanks and vessels for transpor tation and storage of the compressed, 
liquefied gases, liquids and loose b odies in which pressure exceed 0.7 
kg/sm2 created periodically to empty them; 
 5)  the stationary, piston and rotati onal compressors, with the established 
capacity from 14 kW and higher; 
 6)  cylinder gas equipment for moto r transport using hydro carbonic gas as  
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motor fuel; 
 7)  the pipelines operating under pressure; 
 8)  the locking and regulating equipm ent and safety devices, regulators of 
pressure of gas of dir ect and indirect effect. 
 
16.  Operation (maintenance service and current repair, preventive maintenance, 
maintenance of availability for service, the control of  a technical condition of 
the process equipment, service, locali zation and liquidation of emergencies, 
reception, plums, pouring in, storage and delivery of gas): 
 
 1)  oxygen stations; 
 2)  gas-filling stations (GNS);  3)  gas-filling points (GNP); 
 4)  intermediate warehouses of cylinders (PSB); 
 5)  mobile tankers, automobile gas-filling stations (AGNS) and automatic 
gas-filling stations (AGZS); 
 6)  pipelines (technological), operating under pressure. 
35. Processing of mineral (except for processing  of generally 
used  mineral products) LRK "On licensing", Art. 9 п.1 s.i. 11 
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.  
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36. Production of oil products LRK "On licensing", Art. 9 i.1 s.i. 11 
LRK "On industrial safety at dangerous  production objects" 
LRK "On electric power industry" LRK "On oil" 
 18.  Oil refining: 
 
 1)  receipt, storage of mineral oil pr oducts, preparation of oil and mineral oil 
to processing, primary oil refining, deep oil refining and mineral oil 
(secondary processes); 
 2)  production of fuel (gasoline, kero sene, fuel for jet engines, diesel, gas 
turbine, furnace, boiler fuel and others); 
 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   19.  Operation and repair gas-distributing point s, gas-distributing  facilities, high, 
middle and low pressure distributive ga s networks, average and low pressure 
and operation and repair of internal  installations and the equipment: 
 
 1)  connection (jointing) re-constructed sites of gas main pipelines to current 
operating networks; 
 2)  primary and repeated submissions  of gas in external systems of gas 
supply and constructions on them, and also  in the internal installations of 
gas networks and devices; 
 3)  detour and the maintenance of ga s pipelines and structures applied to 
them; 
 4)  instrument diagnostics of networ ks condition and constructions on them, 
control pressure testing of networks and devices; 
 5)  protection of underground gas pi pelines and constructions applied to 
them against electromechanical corrosion; 
 6)  localization and liquidation of  emergencies in gas pipelines and 
constructions applied to them; 
 7)  major overhaul and replacement of undependable sites of gas pipelines 
and constructions applied to them; 
 9)  the operative account of the gas charges to consumers; 
 10)  performance of emergency applications;  11)  installation and dismantle of gas meters;  
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38. Types of activity, related to use of atomic energy  1)  location, designing, erection, pu tting into operation, operation, p reservation 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  1)  Production of goods, containing 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    
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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. 9 i.1 s.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. 9 i.1 s.i.  2 1)  Elabora tion 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. 9 i.1 s.i. 10  
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. 9 i.1 s.i. 14 
-  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, services) -  LRK "On licensing" Art. 12 
-  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. 9 i.1 s.i. 50  
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. 9 i.1 s.i. 11 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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 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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 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 m
3; 
 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 lif ting works (elevators, escalators, shaft 
headgears and mine hoists, 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 metallurg ical, petrochemical, mining, power 
and other branches;  
 8)  facilities of monolithic constructi on devices and concrete constructions;  
 9)  device basis and founda tion devices, pile works; 
 10)  assembly of concrete and reinfor ced concrete constructions, first fixing, 
stone-work, brickwork, organization of barriers, 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 ac tivities, organization barriers, soil  densification, 
recession 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; 
 9)  ventilation, air conditioning, pneumatic transport and aspiration; 
 10)  power supply, electric lighting, resistance heating;  
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1 2 3 4 
 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 chemical  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, 
centralization and block systems on railway transport; 
 12)  gas clearing;  
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1 2 3 4 
 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 processing, fo od 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 constructi ons and equipment (lined with refractory 
bricks, lining, insulating, antico rrosive, 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 elevator s, 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; 
 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 c onformity to qualifying requirements 
of  juridical and natural persons wishing to obtain a licence;  
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1 2 3 4 
 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 examination 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. 9 i.1 s.i. 16  
50. Designing and construction of national /  international 
main lines - LRK "On licensing" Art. 9 i.1 s.i. 5  
51. Production and repair of measurement instrument ation -  LRK "On licensing" Art. 9 i.1 s.i. 31 
-  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. 9 i.1 s.i. 54  
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.  36 i.1 Art. 9 
-  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, air transport; international carriages of the passengers 
and freights by motor transport; transportations of 
hazardous cargoes by all types of transport - LRK "On licensing" s.i. 20 i.1 Art. 9  
55. Air activities   
 -  LRK "On licensing" Art. 9 i.1 s.i. 20 
-  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. 47 i.1 Art. 9  
57. Activity of sea and river har bors connected with service of 
sea crafts, passengers and cargoes  
     
58. Transportation of hazardous car goes by air transport -  LRK "O n licensing" Art. 9 i.1 s.i. 20 
-  LRK "On state regulation of civil aircraft" Art. 9    
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1 2 3 4 
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 from 17 April 1995 "On licensing" Art. 9 i.1 s.i. 42. 
- LRK "On protection and use of historical and cultural 
heritage" Art. 34  
60. Activity on organization of  television and/or radio 
broadcasting -  LRK from 17 April 1995 "On licensing" Art. 9 i.1 s.i. 5 
-  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" i.1-1) Art. 10 
-  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 from 17 April 1995 "On licensing" Art.10 s.i. 1 
-  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; 10) Activity of organizations of  education executing distance training; 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. 9. s.i.  4 п.1  
Ministry of Health of the Republic of Kazakhstan 
64. Pharmaceutical activity: pr oduction, wholesale and  retail 
sale of  drugs   
 -  LRK from 17 April 1995 "On licensing" Art. 9 i.1 s.i. 28 
-  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 from 17 April 1995 "On licensing" Art. 10 s.i. 2 
-  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;  
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6)  Pathological anatomy;  
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;  
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42) Urinology; 
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   1.  Transportation;   
2.  Acquisition;  
3.  Storage;  
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4.  Distribution; 
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. 9 i.1 s.i. 16  
68. Production of fire-preventi on engineering, equipment and 
means of fire protection  - LRK "On licensing" Art. 9 i.1 s.i. 16  
69. Search and rescue, mine-res cue, gas-rescue, anti-flowing 
works   - LRK "On licensing" Art. 9 i.1 s.i. 49  
70. Exploitation of lifting constructions (self-propelled 
climbing cranes) - Resolution of the Government of the Republic of 
Kazakhstan (RGRK) of  12 December 1995 No.1894  
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. 9 i.1 s.i.  26 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", п.1 Art. 11; 
- 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; 
9)  Fulfilment of calculations by order of  juridical  and natural persons including 
correspondent banks on their bank accounts; 
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; 
11) Interbank clearing: accumulation, veri fication, sorting and confirmation of 
payments as well as realization of thei r mutual set off and definition of clean 
positions of the participants of  clearing - banks and organizations executing 
certain types of banking transactions; 
12) Safe operations:  services on storage of securities issued in the documentary 
form, documents and valuables of clients including leasing of safe boxes, cases  
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1 2 3 4 
and places;  
13) Lombard transactions:  granting of th e short-term credits on the security of 
deposited convertible securities and other movables; 
14) Issue of Payment Cards; 
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 
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" п.3 Art. 11; 
- LRK "On insurance activity" Art. 6 1)   Life insurance;  
2)   Annuity insurance; 
3)  Accident and illness insurance;  4) Medical 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); 
11) Owner's risk insurance; 
12) Insurance of civil and right res ponsibility of motor transport owners; 
13) Insurance of civil and right respons ibility of  railway 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;   
16) Insurance of and right civ il responsibility of a carrier; 
17) Insurance of civil and right responsibility under the treaty; 
18) Insurance of civil and right res ponsibility for trespass except for classes 
indicated in the sub items 12) -16);  
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19) Compulsory insurance of civil and right responsibility of carrier owners; 
20) Compulsory insurance of civil res ponsibility of carrier before passengers; 
21) Compulsory insurance of  agricultural production; 22) Compulsory insurance of civil responsibility of  private notaries; 
23) Compulsory insurance of the judges and their asset; 
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" c.3 Art. 11 
- LRK "On insurance activity" c.1 Art. 17  
75. Actuary activity on the insurance mark et  - LRK "On licensing" c.3 Art. 11; 
- LRK "On insurance activity" Art. c.1 Art. 19  
76. Broker and dealer activity on a securities market  - LRK "On licensing" Art. 11  
- 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"  
- LRK "On securities market" Art. 45  
78. Activity on investment contro l of pensionary assets   
 - LRK "On licensing"  
- LRK "On securities market" from 2 July 2003 Art. 45 - LRK "On provision of pensions in the Republic of 
Kazakhstan"  
79. Castody activity on a securities market   
 - LRK "On licensing"  
- LRK "On securities market" Art. 45  
80. Investment portfolio management   
 - LRK "On licensing" 
- LRK "On securities market" Art. 45  
81. Depository activity on a securitie s market - LRK "On licensing"  
- LRK "On securities market" Art. 45  
82. Activity on organization of tr ade with securities and other 
financial instruments   - LRK "On licensing"  
- LRK "On securities market" Art. 45  
83. Transfer and agential activ ity on a securities market   
 - LRK "On licensing"  
- LRK "On securities market" Art. 45  
84. Activity on utilization of pe nsion fees and on realization 
of pension payments   
 - LRK "On licensing" Art. 11 п.п 5,6  
- LRK "On provision of pensions in the Republic of 
Kazakhstan" Art. 39  
85. Activity of credit office   
 - LRK "On licensing" Art. 10 s.i.  11 
- LRK "On loan office and formation of credit histories in 
the Republic of Kazakhstan"  
86. Activity of credit societies on realization of certain types 
of banking and other opera tions provided by banking 
legislation of the Republic of Kazakhstan   - LRK "On banks and banking activities" Art. 30   
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87. Operations connected with usage of currency valuables   
   
 - 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 from 17 April 1995 "On licensing" Art. 9 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; 
12) Rendering of services on technical networks exploitation and flow lines 
(including the telecommunication eq uipment, elements of network 
infrastructure).     
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. 10 s.i. 6-1 
-  LRK "On electronic document and electronic digital 
signature" Art. 20  
90. Usage of  radio-frequency spectrum -  LRK "On licensing" Art. 9 i.1 s.i. 5  
-  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 from 17 April 1995 "On licensing" Art. 9 i.1 s.i. 1 
-  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. 9 i.1 s.i. 24  
Government executives (Akims) of Ob last, Cities of Astana and Almaty 
93. Activity in the area of gambling industry  
  
  1)  Organization 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)      
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1 2 3 4 
95. Types of activities and servi ces connected  with use of 
facilities and drugs of disinf ecting, disinfestation and 
deratization     
96. Educational activity of juri dical  persons giving initial 
general, basic general or se condary general education; 
primary vocational education including on trades; 
secondary vocational education, as well as activity of 
preschool and out-of-school  organizations (except for 
activities, services fulfilled by organizations of 
Republican significance)     
97. Picking  (purchase), storage, processing and sale  by 
juridical persons of a scrap a nd waste  of nonferrous  and 
ferrous metals     
98. Activity connected with fore ign labour attraction      
99. Organization and sale of lotteries (except for state 
[national] at territory of oblast, cities of Astana and 
Almaty)     
100. Operation of boilers (with a general heat rate till 100 
Gcal/hours inclusively) and pipelines working under pressure     
101. Exploitation of vessels working under pressure (are in part 
of industrial chillers, household gas bottles)     
102. Storage, wholesale and reta il sale of alcoholic production 
(except for beer)     
Local Executive Authority of the City of Almaty 
103. Tourist activity in the city of Almaty    
104. Activity on disinfecting a nd deodorization of production 
and housing and civil objects in the city of Almaty   
105. Exportation of a manpower from city of Almaty overseas 
of the Republic of Kazakhstan   
106. Activity on transportation of passengers and cargoes by 
motor transport in the city of Almaty    
   WT/ACC/SPEC/KAZ/9/Rev.1
 Page 213 
8(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 legal persons  and natural persons of Kazakhstan if it is not otherwise stipulated by the legal acts of the R K. 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.1 
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 the 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.1 
 Page 215 
 
 
  8(e): 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 with 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.1 
Page 216  
 
  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.1
 Page 217ANNEX 9 
9(a): Comparative analysis of provisions of the WTO Agreem ent 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 have the ri ght to make a preliminary decision on 
the application of the methodology to determine the country of origin and 
the customs value of the good concerned.  The authorized customs body 
shall define the form and proced ure 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 
notified in writing. 
                                                      
1 In respect of requests made during the firs t 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.1 
Page 218 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 
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. 
  
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Implementation of Article VI of the GATT 1994  
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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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"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.  
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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.    
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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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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.   
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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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Secretariat (substantiation) 
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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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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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 effectivene ss 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 domes tic legislation or 
not.  
In this connection taking into account 
the international practice, it is necessary to remove this Article.     
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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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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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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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with the provisions of the WTO 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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 Page 239No. Standards of the WTO Agreement on 
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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 in terest 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 in terest 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 ta ken 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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and addenda Comments 
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WTO  Secretariat 
(grounding) 
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.1
 Page 243ANNEX 10 
10(a): 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.1 
Page 244 10(b): 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, 7211 14 100, 
7208 25 000, 7208 38 900,               7208 39 900, 7211 19 200, 
7208 26 000, 7208 27 000,               
7219 11 000, 7219 12 100,  7219 12 900, 7219 13 100, 
7219 13 900, 7219 14 100, 
7219 14 900, 7208 36 000,               7208 37 900, 7225 20 200, 
7225 30 000 Sheet of rolled metal 
1 Roll   
7208 37 100, 7208 38 100, 
7208 39 100 SA 1а Rolls, 
intended for secondary rolling 
process 
7208 40 100, 7208 51 100,               7208 51 300, 7208 51 500,               7208 51 910, 7208 51 990,               7208 52 100, 7208 52 910,               
7208 52 990, 7208 53 100,               
7211 13 000 SA 2 thin sheet steel               
  
7208 40 900,  7208 53 900, 7208 54 100,  7208 54 900, 7208 90 100,  7209 15 000, 
7209 16 100,  7209 16 900,              
7209 17 100,  7209 17 900,             7209 18 100,  7209 18 910               
7209 18 990,  7209 25 000,              
7209 26 100, 7209 26 900,               7209 27 100, 7209 27 900,               
7209 28 100, 7209 28 900,   
7209 90 100, 7210 11 100,  7210 12 110, 7210 12 190, 
7210 20 100, 7210 30 100, 
7210 41 100, 7210 49 100, 7210 50 100, 7210 61 100, 7210 69 100, 7210 70 310, 
7210 70 390, 7210 90 310, 
7210 90 330, 7210 90 380, 7211 14 900, 7211 19 900, 
7211 23 100, 7219 32 900, 
7219 33 100, 7219 33 900, 7219 34 100, 7219 35 100, 
7219 35 900, 7225 40 800   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.1
 Page 245HS Number Goods Ministries responsible 
for administration of 
licence State bodies of the Republic of Kazakhstan, 
which coordinate the decision about issuing of 
licence Justification 
7219 34 900, 7219 23 000, 
7219 24 000, 7219 31 000, 
7219 32 100, 7212 60 910, 
7219 21 100, 7219 21 900, 7219 22 100, 7219 22 900, 
7212 50 310, 7212 50 510, 
7212 60 110, 7212 20 110, 7212 30 110, 7212 40 100, 
7212 40 910, 7211 23 510, 
7211 29 200, 7211 90 110, 7212 10 100, 7212 10 910,  
7211 23 990, 7211 29 500,  
7211 29 900, 7211 90 900 Plane rolled metal  made from 
carbonaceous steel in rolls no 
more than 500 mm. wide        
  
7211 23 910, 7225 19 100, 7225 19 900, 7226 19 100, 7226 19 300, 7226 19 900, Plane rolled metal  made from 
electro-technical steel with non oriented core                                  
7226 11 900 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 Kazakhstan and the European Coal 
and Steel Union on trade of certain steel  products dated 15 
December 1999. 
7208 10 000, 7208 25 000,  7208 26 000, 7208 27 000,  
7208 36 000, 7208 37 900, 
7208 38 900, 7208 39 900,  7211 14 100,  7211 19 200,  
7219 11 000, 7219 12 100, 
7219 12 900, 7219 13 100,  7219 13 900, 7219 14 100,  
7219 14 900, 7225 20 200, 
7225 30 000 SA  Sheet rolled metal 
SA 1 Rolls 
 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 Union on trade of certain steel products dated 
15 December 1999. 
7208 37 100, 7208 38 100,  7208 39 100 SA  1а Rolls, intended for 
secondary rolling process  
7208 40 100, 7208 51 100 7208 51 300, 7208 51 500 
7208 51 910, 7208 51 990 
7208 52 100, 7208 52 910 7208 52 990, 7208 53 100 
7211 13 000 SA 2 Thin sheet steel         
 
7208 40 900, 7208 53 900 7208 54 100, 7208 54 900 
7208 90 100, 7209 15 000 
7209 16 100, 7209 16 900 7209 17 100, 7209 17 900 
7209 18 100, 7209 18 910 
7209 18 990, 7209 25 000 7209 26 100, 7209 26 900 SA 3 Other sheet roll        
 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 Union on trade of certain steel products dated 
15 December 1999.  
  WT/ACC/SPEC/KAZ/9/Rev.1 
Page 246 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 
7209 27 100, 7209 27 900 
7209 28 100, 7209 28 900 
7209 90 100, 7210 11 100 
7210 12 110, 7210 12 190 7210 20 100, 7210 30 100 
7210 41 100, 7210 49 100 
7210 50 100, 7210 61 100 7210 69 100, 7210 70 310 
7210 70 390, 7210 90 310 
7210 90 330, 7210 90 380               7211 19 900, 7211 23 100 
7211 23 510, 7211 29 200 
7211 90 110, 7212 10 100 7212 10 910, 7211 14 900 
7212 20 110, 7212 30 110 
7212 40 100, 7212 40 910 7212 50 310, 7212 50 510 7212 60 110, 7212 60 910 
7219 21 100, 7219 21 900 
7219 22 100, 7219 22 900 7219 23 000, 7219 24 000 
7219 31 000, 7219 32 100 
7219 32 900, 7219 33 100 7219 33 900, 7219 34 100 
7219 34 900, 7219 35 100 
7219 35 900, 7225 40 800    
Source: Government Resolution No. 1037 of 30 June 1997 
  
   WT/ACC/SPEC/KAZ/9/Rev.1
 Page 247ANNEX 11 
11(a): Decreasing coefficients on railway ta riffs for transportation of goods – 2002  
Type of cargo Sulphuric acid Iron ore products  Coal Coal and black oil Complex ore Secondary material 
resources Metal roll 
The title of subsidy 
program or special target 
subsidy: Establishing of 
decreasing coefficients 
of railway tariffs on transportation of 
sulphurous acid by rail   Establishing of 
decreasing coefficients 
of railway tariffs on transportation of iron ore 
products by rail    Establishing of 
decreasing coefficients 
of railway tariffs on transportation of coal by 
rail  Establishing of 
decreasing coefficients 
of railway tariffs on transportation of coal 
and black oil by rail   Establishing of 
decreasing coefficients 
of railway tariffs on transportation of 
complex ore by rail   Establishing of 
decreasing coefficients 
of railway tariffs on transportation secondary 
material resources by 
rail   Establishing of 
decreasing coefficients 
of railway tariffs on transportation of  metal 
roll by rail    
Subsidy (per unit): decreasing co efficients on railway tariffs  
Amount of Subsidy 
(thousand tonnes)  401.37 4,066.1 29,353.95 coal - 15000, black oil - 
396 320  13.04 730.69 593.86 
Amount of Subsidy 
(million tenge) 119.79 310.57 2,038.87   2.24 133.42 520.04 
The title of subsidy 
program or special target 
subsidy: In order to increase 
transportation 
volumes, support local producers, stimulate 
increase of production 
volumes the tariffs on export transportation 
of sulphuric acid in 
tanks of  producers in all communications* are reduced  by 25% In order to increase 
transportation volumes, 
support local producers, stimulate increase of 
production volumes the 
tariffs on export transportation of iron ore 
products in tanks of  
producers in all communications* are reduced  by 25% In order to increase coal 
transportation volume, 
to prevent possible increase of prices of 
heating and electric 
power consumption and subsequent  rise of 
prices of sector products  In order to implement 
the Agreement between 
the Government of RK and the Kyrgyz Republic 
on use of fuel-energy 
and water resources of Naryn-Syrdarya 
reservoirs in 2003 the 
tariffs on transportation of coal and black oil provided as 
compensation for 
electric power from the Kyrgyz Republic during 
vegetation period 
according to the Government Resolution 
No.799 of 17 July 2002 In order to increase 
volumes of complex ore 
transportation  In order to increase 
volumes of secondary 
material resources transportation  In order to increase 
metal-roll transportation 
by rail and volumes of metal roll trans shipment 
in Aktau port  
Legal basis The Regulation of establishing and cancellation of decreasing coefficients  on tariffs for transportation by rail to  be regulated by the State (approved by Order of the Agency No. 24-OD of 
30 December 1999**, registered No. 1024 in the Ministry of Jus tice on 6 January 2000, in accordance with Law No. 156-XIII "Conc erning Transport in the Republic of Kazakhstan" of 
21 September 1994, Law No. 272 "On Natural M onopolies", and the Law "On Development of Competition and Limitation of Monopoly A ctivities"). 
Payment terms Advance payment, no 
indebtedness for transportation services, 
increase of 
transportation volumes in comparison with the 
previous year  Advance payment, no 
indebtedness for transportation services, 
increase of 
transportation volumes in comparison with the 
previous year  Advance payment, no 
indebtedness for transportation services, 
increase of 
transportation volumes in comparison with the 
previous year  In the form of 
compensation of the electric power from the 
Kyrgyz Republic 
delivered in the vegetation period  Advance payment, no 
indebtedness for transportation services 
and fulfilment of 
transportation volumes not less than the level of 
2001   Advance payment, no 
indebtedness for transportation services 
and fulfilment of 
transportation volumes not less than the level of 
2001   Advance payment, no 
indebtedness for transportation services 
and fulfilment of 
transportation volumes not less than the level of 
2001    
  WT/ACC/SPEC/KAZ/9/Rev.1 
Page 248 Type of cargo Sulphuric acid Iron ore products  Coal Coal and black oil Complex ore Secondary material 
resources Metal roll 
Validity of subsidy Since 22 February 
2002 till 1 January 2003  Since 15 August 2002 
till 31 December 2002  Since 8 May 2002 till 
1 October 2002  Since 22 July 2003 till 
1 January 2003  Since 29 March 2002 till 
1 January 2003  Since 29 March 2002 till 
1 January 2003  Since 14 February 2002 
till 1 January 2003   
Statistical data allowing to evaluate subsidy effect 
on trade  - - - - - - - 
*  "Producers in all communications" (i.e. consignors in all des tinations) implies that the decreasing coefficient for goods tr ansportation applies to all consignors transporti ng this type of goods to any destination – 
national, export destination,  or export destination. 
**  Invalidated by Order of the Chairman  of the Agency No. 337-OD of 5 August 2004. 
  
   WT/ACC/SPEC/KAZ/9/Rev.1
 Page 24911(b): Decreasing coefficients on railway ta riffs for transportation of goods – 2003  
Cargo Sulphuric acid Iron ore products Coal Coal and black oil Crude oil 
The title of subsidy 
program or special 
target subsidy: Establishing of decreasing 
coefficients to railway tariffs for 
transportation of sulphurous acid by rail  Establishing of decreasing 
coefficients to railway tariffs for 
transportation of iron ore products by rail  Establishing of decreasing 
coefficients to railway tariffs for 
transportation of coal by rail   Establishing of decreasing 
coefficients to railway tariffs for 
transportation of coal and black oil by rail  Establishing of decreasing 
coefficients to railway tariffs for 
transportation of crude oil by rail   
Subsidy (subsidy per unit): Decreasing coefficients of railway 
tariffs    Decreasing coefficients of railway 
tariffs    Decreasing coefficients of railway 
tariffs    Decreasing coefficients of railway 
tariffs    Decreasing coefficients of railway 
tariffs    
Amount of Subsidy, thousand tonnes  568.61 10,257.17 20,840.14 coal - 252,.7 36.3 
Amount of Subsidy, mln 
tenge 164.26 399.13 900.28   5,7.68 
Objectives and asks of 
subsidy  In order to increase transportation 
volumes, support local producers, stimulate increase of production 
volumes the tariffs on export 
transportation of sulphuric acid in tanks of producers in all 
communications* are reduced  by 
25% In order to increase transportation 
volumes, support local producers, stimulate increase of production 
volumes the tariffs on export 
transportation of iron ore products in tanks of producers in all 
communications* are reduced  by 
15% In order to increase coal 
transportation volume, to prevent possible increase of prices of 
heating and electric power 
consumption and subsequent  rise of prices of sector products  In order to implement the 
Agreement between the Government of RK and the Kyrgyz 
Republic on use of fuel-energy and 
water resources of Naryn-Syrdarya reservoirs in 2003 the tariffs on 
transportation of coal and black oil 
provided as compensation for electric power from the Kyrgyz 
Republic during vegetation period 
according to the Resolution of the Government of RK No.799 dated 
17 July 2002     The Regulation on establishing and 
cancellation of decreasing coefficients of tariffs on railway 
transportation regulated by the 
state No.24-OD (approved by the Order of the Agency dated 
30 December 1999, registered 
No. 102 in the Ministry of justice on 6 January 2000  
Legal basis The Regulation on establishing and cancellation of decreasing coefficients  on tariffs for railway transportation to  be regulated by the State (approved by the Order of the Agency No. 24-OD of 
30 December 1999**, registered No.1024 in the Ministry of Justice on 6 January 2000 
Payment terms Advance pa yment, no indebtedness 
for transportation services, increase 
of transportation volumes in comparison with the previous year  Advance payment, no indebtedness 
for transportation services, increase 
of transportation volumes in comparison with the previous year  Advance payment, no indebtedness 
for transportation services, increase 
of transportation volumes in comparison with the previous year  In the form of compensation of the 
electric power from the Kyrgyz 
Republic delivered in the vegetation period  Advance payment, no indebtedness 
for transportation services and 
fulfilment of transportation volumes not less than the level of 
2001   
Validity of subsidy since 21 January 2003 till 
31 December 2003  since 24 January 2003 till 
31 December 2003 since April 1 till 1 October 2003  since 17 August 2003 till 
31 December 2003 Since 29 March 2002 till 
1 January 2003 
Statistical data allowing to evaluate subsidy 
effect on trade  - - - - - 
*  "Producers in all communications" (i.e. consignors in all des tinations) implies that the decreasing coefficient for goods tr ansportation applies to all consignors transporti ng this type of goods to any destination – 
national, export destination,  or export destination. 
**  Invalidated by Order of the Chairman  of the Agency No. 337-OD of 5 August 2004. 
 
 
   
  WT/ACC/SPEC/KAZ/9/Rev.1 
Page 250 ANNEX 12 
Electric power delivery by KEGOC  
Services "AES Ekibastus" LLP "E kibastuzskaya station" OJSC " Каzenergoresurs" LLP 
The title of subsidy 
program or special 
target subsidy: Electric power delivery by "KEGOC" OJSC, "AES 
Ekibastuz" LLP networks Electric power delivery by "KEGOC" OJSC, "Ekibastuzskaya 
station" OJSC Electric power delivery by "KEGOC" OJSC,  
"Каzenergoresurs" LLP 
Subsidy (subsidy per 
unit): 90% discount  According to the Orders: 84%, 88%, 84%. According to the Orders: 80%,65%, 65% 
Amount of Subsidy, 
mln. Kwatt/hour 575.4 3,482.2 932.8 
Amount of Subsidy, mln 
tenge 229.1 1,753.9 438.6 
Objectives of subsidy  In order to re gulate arbitrage investigation with AES 
corporation and to execute the Memorandum of 
understanding between the government of the Republic of Kazakhstan and AES Corporati on "On Regulation of Dispute 
with AES Corporation"  Increase of electric power consumption in comparison to the 
period of the previous year  Increase of electric power consumption in comparison to the 
period of the previous year  
Legal basis  Joint order of the Agen cy of the Republic of Kazakhstan on 
Natural Monopoly Regulation, Competition Protection And 
Assisting Small Business (dated 15 March 2000, No. 27-OD) and the Ministry of Energy and Mineral Resources (dated 
15 March 2000, No.101) The order of the Agency of the Republic of Kazakhstan on 
Natural Monopoly Regulation, Competition Protection And 
Assisting Small Business No. 263–OD dated 29 December 2002, the order of the Agency No.166-OD 
dated 30 June 2003, the order of the Agency No.186 dated 
27 July 2003  The order of the Agency of the Republic of Kazakhstan on 
Natural Monopoly Regulation, Competition Protection And 
Assisting Small Business No. 89-OD dated 26 March 2003, the Order of the Agency No.166-OD dated 13 August 2003, 
the Order of the Agency No.235-OD dated 
16 September 2003  
Payment terms 100% current payment 100% current payment 100% current payment 
Validity of subsidy  Since 7 April 2000 till 7 April 2015 According to the Orders: since 1 January 2003 till 
30 June 2003, since 1 July 2003 till 31 July 2003, since 
31 July till 31 December 2003  According to the Orders:  since 1 April 2003 till 
30 September 2003, since 13 August 2003 till 
30 September 2003, since 16 September 2003 till 
31 December 2003 
Statistic data allowing to evaluate effect of subsidy on trade  - - - 
 
  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 251 
 
 
  ANNEX 13 
13(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.1 
Page 252  
 
  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.1 
 Page 253 
 
 
  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.1 
Page 254  
 
  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.1 
 Page 255 
 
 
  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.1 
Page 256  
 
  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.1 
 Page 257 
 
 
  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.1 
Page 258  
 
  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.1 
 Page 259 
 
 
  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.1 
Page 260  
 
  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.1 
 Page 261 
 
 
  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.1 
Page 262  
 
  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  
 24.  Nomenclature of services subject to compulsory certification  
 − Services of public catering establishments  
− Repair and maintenance services of vehicles 
− Services of hotels, motels, camping-sites 
− Services of dry-cleaner's 
− Services of filling stations and petrochemical bases 
− Services in the sphere of civil aviati on including: maintenance services and 
repair of aeronautical engineering; maintenance services and repair of 
aerodrome; illumination provision of f lights and power supply of objects of 
airport, aerodrome, aerial navigation; suppl ying of civil air liners, airport objects 
and services with combustive-lubri cating materials and special liquids; 
acceptance, departure and maintenance of  civil air liners, passengers, treatment 
of luggage, goods and mail; supplying of civil air liners and other consumers 
with special vehicles; selling a nd booking of passenger and goods air 
conveyances; 
− Services of civil aircraft operator; 
− Services in the sphere of extra light aviation. 
 
  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 263 
 
 
  13(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.1 
Page 264  
 
  13(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 app lication, register it, and send the applicant 
the resolution on the results of applicati on 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 conditions  of product certification, they make an 
agreement on product certification and the app licant 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 anne x 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 nor mative documents for the product;  
− the period of validity of the certificate 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.1
 Page 26513(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.1 
Page 266 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 th e following situations: 
− when products are im ported 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, f or 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.1 
 Page 267 
 
 
  13(e): List of state standards harmonized with international standards  
 
1. ST RK 1.2-2002 National standardization system of the Republic of Kazakhstan. 
Procedure on development of the state standards. 
2. ST RK 1.28-2002 National standardization system of the Republic of Kazakhstan. 
Standardization of services. 
3. ST RK 3.7-2002 National certification sy stem of the Republic of Kazakhstan. 
Procedure on certification of tour ist-excursion services and tourist 
accommodation services. 
4. ST RK 3.26-2002 National certification sy stem of the Republic of Kazakhstan. 
Procedure on certification of speci al hoisting equipment and cranes. 
5. ST RK 3.28-2002 Procedure on certification of vegetable oils and fat-and-oil products. 
6. ST RK 4.6-2002 Oil products. General provisions. 
7. ST RK 7.3-2002 National certification system  of the Republic of Kazakhstan.  General 
requirements to test la boratories (centres).  
8. ST RK 7.8-2002 Procedure on accredita tion of certification bodies, testing and 
calibrating laboratories (centres). 
9. ST RK GOST R 12.4.026-
2002 Signalling colours, safety signs, and signalling marking. General 
technical specifications and application procedure. 
10. ST RK 34.003-2002 Information technology.  Nomenclature of quality parameters of 
information system databases. 
11. ST RK 34.004-2002 Information technology.  Methods to determine base values of 
software quality. 
12. ST RK 34.010-2002 Information technology . Software certification. Procedure on 
examination of software documentation.  
13. ST RK 34.012-2002 Information technology.  Software tools certification.  Typical 
methods to evaluate the quality  of software documentation. 
14. ST RK 34.016-2002 Information technology. Remote control technical software tools. 
General technical specifications.  
15. ST RK ISO/IEC 66-2002 General specifications for the bodies evaluating and 
certifying/registering ecological control systems. 
16. ST RK 452-2002 Mineral, natural, potable and table, therapeutic waters.  General 
technical specifications (GTS). 
17. ST RK 1010-2002 Food products. Information for consumers. General specifications. 
18. ST RK 1042-2001 Administrative-regulatory documentation. Specifications on drawing 
documents.  
19. ST RK 1050-2002  
(ISO 752-1981) Zinc bars. Technical specifications.  
20. ST RK 1052-2002 Environment protection. Atmosphere. Determining parameters of 
lead, zinc, copper and th eir compounds emission.  
21. ST RK 1055-2002 Kazakh coal  for carbonization. Genera l technical specifications. 
22. ST RK 1056-2002 Kazakh coal for powder ed-coal combustion. General technical 
specifications. 
23. ST RK 1060-2002 Lactoserum based drinks with filler. General technical specifications. 
24. ST RK 1062-2002 Butter. General technical specifications. 
25. ST RK 1063-2002 Cheese. General technical specifications. 
26. ST RK 1076-2002  Perfume and cosmetic products. Information for consumer. General 
specifications. 
27. ST RK 1093-2002 Kazakh coal for lime prod uction. General technical specifications. 
28. ST RK 1094-2002 Kazakh coal for cement pr oduction. General technical specifications. 
29. ST RK 1097-2002 Water. Gas chromatography method for detection of carbon in 
organic compounds.  
30. ST RK 1109-2002 Ampul for mining and construction. General technical specifications.  
31. ST RK 1110-2002 Bolt shaft. General technical specifications. 
32. ST RK 1147-2002 Standoff ceramic insulators for voltage over 1,000 V for outdoor 
work. Types, main parameters and sizes. WT/ACC/SPEC/KAZ/9/Rev.1 
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  33. ST RK 1148-2002 Standoff ceramic insulators for voltage over 1,000 V for indoor work. 
Types, main parameters and sizes.  
34. ST RK 1157-2002 Professional higher education. Education quality management 
systems. 
35. ST RK 1158-2002 Professional higher education. Material-technical base for educational 
institutions.  
36. ST RK 1166-2002 Fire equipment. Classification. Terms and definitions.  
37. ST RK 1167-2002 Fire-prevention automated mechanisms. Classification. Terms and 
definitions. 
38. ST RK ISO/IEC TO  
15504-1-2002 Information technology. Evaluation of software development. Part 1. 
General provisions and introduction. 
39. ST RK 19011-2002 Audit of quality management and/or environment protection systems. 
40. ST RK 1.32-2003 GSS RK. Technical specifications on food products. General 
specifications on development and design. 
41. ST RK 1.41 – 2003 Statistical and conventional digital codes used as notation 
conventions in development of standards and regulatory documents 
on standardizing. 
42. ST RK 3.11-2003 National certification sy stem of the Republic of Kazakhstan. 
Structure and procedure on keeping the National System Register. 
43. ST RK 3.31-2003 Gas certification procedure. 
44. ST RK 3.35-2003 National certification sy stem of the Republic of Kazakhstan. 
Qualification requirements to the certification body executive. 
45. ST RK 3.362003 National certification system  of the Republic of Kazakhstan. Mineral 
fertilizers application equipm ent certification procedure. 
46. ST RK 4.5- 2003 Product development and mass production system. Foreign 
companies documentation products. 
47. ST RK 7.6-2003 Specifications  and procedure on accreditati on to obtain the right for 
metrology certification of measuring methods. 
48. ST RK 7.10-2003 Specifications and procedur e on accreditation to obtain the right for 
independent expert evaluation in metrology. 
49. ST RK 7.9 - 2003 GSS RK. Standard time for operations on preparation and 
accreditation of organizations on cer tification of products, processes, 
work, services and test laboratories (centres). 
50. ST RK 1174-2002 Fire-prevention equipment. Main types. Allocation and maintenance. 
51. ST RK 1176-2002 State number plates with light reflective surface for certain types of 
vehicles and trailers. Technical specifications. 
52. ST RK 1178-2003 Protection of information system of the National Standards Fund 
from unauthorized access. Gene ral technical specifications. 
53. ST RK 1183-2003 Car gasoline. General technical specifications. 
54. ST RK 1184-2003 Quality of internal information. Terms and definitions.  
55. ST RK 1185-2003 Safety certificate for products, substances and materials. 
Composition, development and application procedure. 
56. ST RK 1186-2003 Textiles. Coating and carpet products made by mechanical 
manufacture method. Information for consumer. General specifications.  
57. ST RK 1187-2003 Fire alarms. Classificati on. General technical specifications. Test 
methods.  
58. ST RK 1188-2003 Thermal fire alarms. Fi re safety technical specifications. Test 
methods. 
59. ST RK 1189-2003 Fire reporting facilities and evacuation managers. Classification. 
General technical specifications. Test methods. 
60. ST RK 1196-2003 Product quality parameters system. Erosion-preventive seeding-
machines. Nomenclature of quantitative indices of quality.  
61. ST RK 1212-2003 Bitumen and bitumen based cementing agents. Terms and definitions. 
62. ST RK 1228  -2003 Bitumen and bitumen based cementing agents. Solubility 
determination method.  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 269 
 
 
  63. ST RK 1211-2003 Bitumen and bitumen based cementing agents. Dynamic viscosity 
determination method. 
64. ST RK 1210-2003 Bitumen and bitumen based cementing agents. Kinematic viscosity 
determination method. 
65. ST RK 1227-2003 Bitumen and bitumen based cementing agents. Determining the 
softening point by ball and ring method. 
66. ST RK 1221-2003 Mineral powder for road concrete mix. Test methods. 
67. ST RK 1224-2003 
 Bitumen and bitumen based cementing agents. Methods to determine 
the heat and air aging treatment resistance. 
68. ST RK 1229-2003 Bitumen and bitumen based cementing agents. Brittle temperature 
determination Fraas method.  
69. ST RK 1226-2003 Bitumen and bitumen based cementing agents. Penetration depth 
determination method. 
70. ST RK 1219-2003 Moto r roads and airfields. Surface imperfections measuring methods. 
71. ST RK 1230-2003 Oil bitumen. Paraffin content determination methods. 
72. ST RK 1218-2003 Organic astringents based materials for road and airfield construction. 
Test methods. 
73. ST RK 1217-2003 Construction sand. Test methods. 
74. ST RK1213 -2003 Construction macadam a nd gravel from dense rock and industrial 
wastes. Physical and mechanical test methods. 
75. ST RK 1214-2003 Construction macadam a nd gravel from dense rock and industrial 
wastes. Chemical analysis methods. 
76. ST RK 1124-2003 Traffic control technical  facilities. Road marking. Technical 
specifications. 
77. ST RK 1220-2003 Resin for bridge framework carriages. General technical 
specifications. Test methods. 
78. ST RK GOST R 51760-2003 Package. General technical specifications. 
79. ST RK GOST R 50779.11-
2003 Statistical methods. Statistical quality management. Terms and 
definitions. 
80. ST RK GOST R 51089-2003 Fire-p revention receivers and contro l devices. Gene ral technical 
specifications. Test methods. 
81. ST RK GOST R 51210-2003 Po table water. Boron content determination method. 
82. ST RK GOST R 51211-2 003 Potable water. Surface-active materials detection methods. 
83. ST RK GOST R 51574-2003 White salt. Technical specifications. 
84. ST RK GOST R 51578-2003 Liquid perfume products. General technical specifications. 
85. ST RK GOST R 51579-2003 Cosmetic products. General technical specifications 
86. ST RK GOST R 51691-2003 Paintwork materials. Enamels. General technical specifications. 
87. ST RK GOST R 51692-2003 Paint oil. General technical specifications. 
 WT/ACC/SPEC/KAZ/9/Rev.1 
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  List of standards harmonized in accordance with the Schedule for Harmonization of National 
Standards with International Standards in 2004  
 1. ST RK Gas and oil industry.  Drilling and prod uction equipment.  We llhead and production 
tree.  
2. ST RK Gas and oil industry.  Pump rods (short pump rods, subsurface pump plungers, 
couplings and reducing taper elbow s).  Technical specifications. 
3. ST RK Gas and oil industry.  Pumping units.  Technical specifications. 
4. ST RK Rotary pumps for oil, petr ochemical and gas industries.  
5. ST RK Gas and oil industry.  Drilling and prod uction equipment.  Equipment for through 
drilling.  
6. ST RK Oil and gas industry.  Tubular heat exchangers. 
7. ST RK Steel shutoff valves, ball-valves, and stop valves with DN 100 and less diameter for 
oil and gas industry. 
8. ST RK Gas and oil industry. Casing centralizers. Part 1.  Spring casing centralizers.  
9. ST RK Gas and oil industry. Well cementing equipment. Part 3. Operational tests of 
cementing floating equipment. 
10. ST RK Gas and oil industry. Plate-type heat exchanger. 
11. ST RK Oil, chemical and gas industry. Centrifugal-flow compressors. 
12. ST RK Oil and gas industry. Positive displaceme nt rotary compressors. Part 1. Industrial 
compressors (without oil)  
13. ST RK Gas and oil industry. Flexible coup lings for transmission of general-purpose 
mechanical energy. 
14. ST RK Gas and oil industry. Piston gas packed compressors.  
15. ST RK Gas and oil industry. Seamless pipes from corrosion-resistant alloys for safety 
clutches, pipelines and end caps. Technical specifications on supply.  
16. ST RK Gas and oil industry. Drilling and pr oduction equipment. Control, technical 
maintenance, repair and upgrade of hoisting equipment. 
17. ST RK Oil and gas industry. Drilling and pr oduction equipment. Hoisting equipment. 
18. ST RK Gas and oil industry. Collection and exchange of data on equipment safety and 
maintenance.  
19. ST RK Gas and oil industry. Formulas for and co mputation of parameters  of casing pipes, oil-
well tubing, drill pipes and pipelines pipes.  
20. ST RK Gas and oil industry. Down-hole equipment. Packers and bridge plugs.  
21. ST RK Down-hole equipment for oil and gas industry. Subsurface pump systems with 
chambers for mechanized production. Part 1. Pumps.  
22. ST RK Oil and gas industry. Piston compressors. 
23. ST RK Gas and oil industry. Pipelines for gas transportation. Pipeline valves.  
24. ST RK Gas and oil industry. Well drilling e quipment. Landing nipple mandrel and landing 
nipple. 
25. ST RK Gas and oil industry.  Bends made with  induction heating method, fittings and flange 
for pipeline pumping-over systems. Part 1. Bends made with induction heating method.  
26. ST RK Gas and oil industry.  Down-hole equipment. Down-hole safety valves.  
27. ST RK Oil industry. Terminology. Part 1.  Raw materials and finished products. 
28. ST RK Oil industry. Terminology. Part 2. Test specifications and methods.  
29. ST RK Oil industry. Terminology. Part 3. Deposit exploration and production.  
30. ST RK Oil industry. Terminology. Part 4. Oil processing.  
31. ST RK Oil industry. Terminology. Part 5. Transportation, storage, distribution.  
32. ST RK Oil industry. Terminology. Part 6. Measuring system.  
33. ST RK Oil industry. Terminology. Part 7. Miscellaneous terms.  
34. ST RK Oil industry. Terminology. Part  99. General provisions and index.  
35. ST RK Natural gas. Dictionary. 
36. ST RK Gas and oil industry. Contents and draft of technical specifications.   WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 271 
 
 
  37. ST RK Gas and oil industry. Content defi nition and development of the functional 
specifications document.  
38. ST RK Crude oil and liquid oil products. Laborat ory density test.  Aerometer based method. 
39. ST RK Measuring systems for oil products. Ca libration. Temperature modifications for 
calibration of measuring vessels for tests. 
40. ST RK Oil and gas industry. Field tests of drillin g agents. Part 1. Water based drilling agents. 
41. ST RK Gas and oil industry. Field tests of dr illing agents. Part 2. Carbon based drilling 
agents. 
42. ST RK Gas and oil industry. Drilling agents. Laboratory tests.  
43. ST RK Oil and gas industry. Materials for drilling agents. Technical specifications and tests.  
44. ST RK Oil and gas industry. Lifetime operationa l costs computation. Part 1. Methodology.  
45. ST RK Gas and oil industry. Lifetime operatio nal costs. Part 2.  Guidelines to the 
methodology and computation methods.  
46. ST RK Oil and gas industry. Lifetime operational costs. Part 3. Introduction guidelines.  
47. ST RK Oil parameters tables. Part 2. Tables based on standard temperatures 20 ° C.  
48. ST RK Crude oil. Water content determination.  Karl Fischer potentiometric titration method. 
49. ST RK Crude oil. Water content determ ination. Coulometric titration method. 
50. ST RK Crude oil and liquid and solid oil products . Density and relative de nsity determination. 
Method using a capillary densimeter with a plug and a graded bicapillary densimeter. 
51. ST RK Natural gas. Sulfides content det ection. Part 1. General introduction.  
52. ST RK Natural gas. Water content de tection. Part 2. Test methods.  
53. ST RK Natural gas. Water content detecti on. Part 3. Coulometric measurements.  
54. ST RK Natural gas. Constriction coefficient computation. Part 3. Physical characteristics 
based computation.  
55. ST RK Natural gas. Quality designation.  
56. ST RK Natural gas. Composition analysis with  standard precision by gas chromatography 
method. Part 6. Hydrogen, helium, oxygen, nitrogen, carbonic acid gas, and hydrocarbons 
(C1-C8) content analysis with  three capillary columns.  
57. ST RK Natural gas. Extended analysis. Gas chromatography method.  
58. ST RK Natural gas. Calorific power, density, relative density and Wobbe index computation 
for the blend.  
59. ST RK Natural combustible gas. Component analysis chromatography method.  
60. ST RK Natural gas. Organic sulphurous compounds  used as aromatizers. Specifications and 
test methods.  
61. ST RK Gas analysis. Detection of sulphurous co mpounds content in natural gas. Part 2. 
Method of gas chromatography analysis with application of odorant sulphurous compounds 
electrochemical detector.  
62. ST RK Natural gas. Water content determination at high pressure.  
63. ST RK Natural gas. Constriction coefficient com putation. Part 1. Introduction and guidelines.  
64. ST RK Natural gas. Constriction coefficient co mputation. Part 2. Molar percentage based 
computation.  
65. ST RK Technical propane and butane. Gas chromatography analysis method.  
66. ST RK Natural gas. Composition analysis with  standard precision by gas chromatography 
method. Part 4. Nitrogen, carbonic acid gas and hydrocarbons (C1-C5 and C6+) content 
analysis for a laboratory and real time m easuring system with two capillary columns. 
67. ST RK Natural gas. Composition analysis with  standard precision by gas chromatography 
method. Part 5. Nitrogen, carbonic acid gas and hydrocarbons (C1-C5 and C6+) content 
analysis for the laboratory application and real  time application of the process with three 
capillary columns.  
68. ST RK Natural gas. Physical properties co mputation methods. Condensability coefficient 
computation.  
69. ST RK Domestic gas. Ordor intensity detection methods.  WT/ACC/SPEC/KAZ/9/Rev.1 
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  70. ST RK Crude oil. Water content dete rmination. Distillation method.  
71. ST RK Natural gas. Composition analysis with  standard precision by gas chromatography 
method. Part 1. Special analysis guidelines.  
72. ST RK Natural gas. Composition analysis with  standard precision by gas chromatography 
method. Part 2. Measuring system specifications and statistical data analysis.  
73. ST RK Natural gas. Composition analysis with  standard precision by gas chromatography 
method. Part 3. Hydrogen, helium, oxygen, nitrogen, carbonic acid gas, and hydrocarbons (up to C8) content analysis wi th two packed columns.  
74. ST RK Natural gas. Organic sulphurous compounds  used as ordorants. Specifications and test 
methods.  
75. ST RK Natural gas. Water content analys is. Part 3. Coulometric measurements. 
76. ST RK Liquid petroleum gas. Vapour density  and pressure computation method.  
77. ST RK Oil products. Water content analysis. Ca rl Fisher coulometric titration method.  
78. ST RK Oil products. Sulphur content analys is. X-ray fluorescent spectrometry with 
wavelength variance.  
79. ST RK Crude oil. Water and precipitation content analysis. Centrifugal method.  
80. ST RK Oil products. Vanadium and nickel c ontent analysis. X-ray fluorescent spectrometry 
with wavelength variance.  
81. ST RK Oil products. Determination of lead content in gasoline. Method with application of 
iodine chloride.  
82. ST RK Oil and liquid oil products. Temper ature measurement. Manual methods.  
83. ST RK Oil products. Sulphur content analysis. Energy dispersion X-ray fluorescence method.  
84. ST RK Light cooled hydrocarbon liquids. Samp le monitoring of natural liquefied gas. 
Continuous monitoring method.  
85. ST RK Oil products. Aviation and distillate fu el. Specific electric conductance test.   
86. ST RK Oil products. Saponification number test. Pa rt 1. Method of titration with a chemical 
indicator.  
87. ST RK Oil products. Saponification number test. Part 2. Potentiometric titration method.  
88. ST RK Liquid hydrocarbons. Volumetric me asurement with turbine flowmeters.  
89. ST RK Oil and liquid oil products. Calibration of vessel by measurement of the liquid. 
Increment method with volumetric flowmeters.  
90. ST RK Crude oil and oil residue. Residue content analysis. Extraction method.  
91. ST RK Oil and liquid oil products. Calibration of  horizontal cylinder reservoirs. Part 2.  
Method of internal measurement with electrooptic distance meters.  
92. ST RK Gas and oil industry. Casing pipes and tubing maintenance and operation.  
93. ST RK Gas and oil industry. Casing pipes, tubing, and pipelines cutting, calibration and 
manufacturing inspection. Technical specifications. 
94. ST RK Gas and oil industry. Systems of  gas transportation by pipelines. 
95. ST RK Gas and oil industry. Evaluation and testi ng of threaded joints of casing pipes, tubing, 
and pipelines.  
96. ST RK Gas and oil industry. Evaluation and t esting methods for threaded joints of casing 
pipes and pipelines.  
97. ST RK Gas and oil industry. Systems of gas tran sportation by pipelines. Pipelines welding.  
98. ST RK Gas and oil industry. Drilling and pr oduction equipment. Computation of drilling 
pipes and maximal lifetime.  
99. ST RK Gas and oil industry. Pipelines systems fro m glass-reinforced plastic (GRP). Part 4. 
Assembly, laying, and operation.  
100. ST RK Gas and oil industry. Pipelines systems.  
101. ST RK Gas and oil industry. Pipelines systems fro m glass-reinforced plastic (GRP). Part 1. 
Dictionary, symbols, application and materials.  
102. ST RK Gas and oil industry. Pipelines systems fro m glass-reinforced plastic (GRP). Part 2. 
Qualification evaluation and production.   WT/ACC/SPEC/KAZ/9/Rev.1 
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  103. ST RK Gas and oil industry. Pipelines systems fro m glass-reinforced plastic (GRP). Part 3. 
System design.  
104. ST RK Gas and oil industry. Installations for offshore production. Guidelines on choice of 
tools and methods to identify hazards and evaluate risks.  
105. ST RK Crude oil. Transportation accounting. Guidelines on inspection of cargo.  
106. ST RK Natural gas. Carl Fisher method of wa ter content analysis. Part 1 Introduction.  
107. ST RK Natural gas. Carl Fisher method of wa ter content analysis. Part 2. Testing.  
108. ST RK Natural combustible gas. Sampling methods. 
109. ST RK Agglomerated fuel from coal of K azakhstan. General technical specifications. 
110. ST RK Solid mineral fuel. Qua lity based acceptance rules.  
111. ST RK Solid mineral fuel. Test of specific efficient activity of natural radionuclids.  
112. ST RK Electrical safety of industrial and soci al-domestic electrical installations. General 
technical specifications. 
113. ST RK Electrical safety of industrial and soci al-domestic electrical installations. Control 
methods.  
114. ST RK Re-equipment of vehicles. General specifications phase 1.  
115. ST RK Railway transport forwarding services. General requirements. 
116. ST RK Vehicles. Structure safety requirements.  
117. ST RK Technical facilities for traffic control and organization. Operation rules.  
118. ST RK Porcelain rod insulators for the overhead  contact system of the railway lines system. 
General technical specifications. 
119. ST RK Polymer rod insulators for the overhead contact system of the railway lines system. 
General technical specifications. 
120. (State standard) GOST Car service centre services. Car glass toning. General specifications 
phase 1. 
121. (State standard) GOST Car service centre services. Maintenance shop services. Types of 
services, service procedure and quality requirements. Phase 1. 
122. ST RK Emission of hazardous substances and exhaust smoke opacity of main-line and 
shunting diesel locomotives. Norms and methods of determination.  
123. ST RK Vehicles. Safety requirements to the technical condition and inspection methods.  
124. ST RK Motor roads. Wheel and surface traction coefficient test methods.  
125. ST RK Mineral powder for road c oncrete mix. Test methods.  
126. ST RK Construction macadam and gravel fro m dense rock. Technical specifications. 
127. ST RK Bitumen road emulsions. Technical specifications. 
128. ST RK Polymer-bitumen astringent for road construction. Technical specifications. 
129. ST RK Metal safety fence. Technical specifications. 
130. ST RK Raw material for production of constr uction sand, macadam and gravel. Technical 
specifications and test methods.  
131. ST RK Paintwork materials. Enamels. General technical specifications.  
132. ST RK Paint oil. General technical specifications. 
133. ST RK Gas and oil industry. Cement and materi als to cement the well. Part 1. Technical 
specifications. 
134. ST RK Technical regulations on geological e xploration and protecti on of the subsurface. 
General specifications. 
135. ST RK Annual schedule of mining operations. Requirements to the content, design, 
coordination and approval.  
136. ST RK Soils. Laboratory tests. General provisions.  
137. ST RK Soils. Laboratory methods for the grain (grain-size) analysis.  
138. ST RK Annual production plan for complex co nsumption of mineral raw material in 
processing. General specifications. 
139. ST RK Radiation evaluation of deposits of raw materials for production of construction 
materials. WT/ACC/SPEC/KAZ/9/Rev.1 
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  140. ST RK Development of requirements to the desi gn, organization and implementation of local 
monitoring of subsurface to the procedure on representation and use of this data.  
141. GOST Lead-antimony alloys. Technical specifications  
142. GOST Zinc. Spectral analysis method.  
143. ST RK Fitment and corking. General provisions on safety, marking and acceptance rules.  
144. ST RK White salt. Technical specifications  
145. ST RK Iodized white salt. Iodine and sodium  thiosulfate content determination methods. 
146. ST RK Statistical methods. Procedures on sampling testing by alternative attributes. Part 1. 
AQL (acceptable quality level) based plans on sampling testing of consecutive consignments. 
147. ST RK Quality management system. Evaluation of quality management system efficiency 
with help of expert score.  
148. ST RK Statistical methods. Processes capacity indices. Main computation methods.  
149. ST RK 695-98 Soils. Motor roads surface so ils' density and humidity test methods. 
150. ST RK 781-93 Cindery astringents for road construction. Technical specifications. 
151. ST RK 973-94 Stone materials and soils treated with non-organic astringents for road and 
airfield construction. Technical specifications. 
152. Development of ST RK standard 1 162- 2002 Fleece, unwashed, semi-coarse, collected. 
General specifications. 
153. Development of ST RK standard 101 8-2000 Cotton  yarn and blended, greige, carded, row 
single for weaving production. 
154. Development of ST RK standard 1058-2002 Shor t yarn, pure wool and moreen, for weaving 
production. General specifications. 
155. Revision of RST KazSSR standard 639-83 Propag ation of grape by short sclerotic grafts. 
Standard production method. 
156. Revision of RST KazSSR standard 796-85 Sp ring wheat. Cropping. Standard production 
method. 
157. Revision of RST KazSSR standard 816-86 Fr esh grape. Storage conditions of zoned and 
perspective grades in usual fruit stor ehouses. Standard production method. 
158. Revision of RST KazSSR standard 858-88 R aspberry. Growth technique without hedgerow 
and bending. 
159. Revision of RST KazSSR standard 867-88 Appl e tree. Garden growth technique on bad 
growthy seedling stocks. 
160. Revision of RST KazSSR standard 898-89 Ap ple tree and pear. Propagation method and 
planting of breed sheds of seedling stock vegetative propagation. Standard production 
method. 
161. Revision of RST KazSSR standard 519-80 Hair products, production by individual orders of 
people. 
162. Revision of RST KazSSR standard 364-79 Fresh ga rlic with leafage. Technical specifications. 
163. Revision of RST KazSSR standard 367-79 Caps icum, chily, fresh. Technical specifications. 
164. Revision of RST KazSSR standard 752-88  Mustard. Technical specifications. 
165. Revision of ST RK standard 463-96 Spaghe tti semi-finished products for national dish. 
Technical specifications. 
166. Revision of ST RK standard 972-93 "Ossobyie" cucumbers of frame area. Technical 
specifications. 
167. Revision of ST RK standard 977-94 "Zhanalyk" Сanned fruits. Technical specifications. 
168. Revision of ST RK standard 981-95 Cans. Carrot products. Technical specifications. 
169. Revision of ST RK standard 1060-2002 Drinks of  milk whey with fillers. General technical 
specifications. 
170. Revision of ST RK standard 1061-2002 Sour-m ilk products. General technical specifications. 
171. Revision of ST RK standard 1 108-2002 Da iry products. Souffle. General technical 
specifications. 
172. Revision of ST RK standard 418-96 Pickled cheese. Technical specifications. 
173. Revision of ST RK standard 715-95 Melted cheese. Technical specifications.  WT/ACC/SPEC/KAZ/9/Rev.1 
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  174. Revision of ST RK standard 825-96 Posh ekhonskiy cheese. Technical specifications. 
175. Revision of ST RK standard 976-94 Cheese foe melting, fat and fatless. Technical 
specifications. 
176. Revision of ST RK standard 177-94 Grape sparkling wine. Technical specifications. 
177. Revision of ST RK standard 452-2002 Mineral wa ters, natural, drinking, medicinal and table, 
medicinal. General technical specifications. 
178. Revision of ST RK standard 974-94 Squashes a nd vegetable drinks. Technical specifications. 
179. Revision of ST RK standard 932-92 Bar gold. Technical specifications. 
180. Revision of ST RK standard 933-92 Bar silver. Technical specifications. 
181. Revision of ST RK standard 959-93 Gold and gold alloys. Grades. 
182. Revision of ST RK standard 960-93 Silver and silver alloys. Grades. 
183. Revision of ST RK standard 963-93 Pl atinum and platinum alloys. Grades. 
184. Revision of ST RK standard 970-93 Ba r platinum. Technical specifications. 
185. Revision of ST RK standard 980-94 Po wder platinum. Technical specifications . 
186. Revised standard ST RK 17.1.4.01-95 Environment protection. Hydrosphere. Method of 
determining the acute toxic ity of water on daphnia.  
187. Revised standard ST RK 17.1.4.02-96 Environment protection. Hydrosphere. Method of 
determining the acute toxicity of water on ceriodaphnias.  
188. Revised standard ST RK 17.1.4.03-96 Environment protection. Hydrosphere. Method of 
determining the acute toxicity of water on algae. 
189. Revised standard ST RK 17.1.4.04-97 Environment protection. Hydrosphere. Method of 
determining the acute toxicity of water on infusoria. 
190. Revised standard ST RK 1082-2002 Mining load-haul-dump machines. General technical 
specifications. 
191. Revised standard ST RK 1123-2002 Mechanical vehicles and trailers.  
192. Revised standard ST RK 962-93 Technical re gulation on tire production. Development, 
coordination and approval procedure.  
193. Revised standard ST RK 1086-2003 Technical di agnosis of vehicles a nd trailers. General 
technical specifications. 
194. Revised standard ST RK 3.18-2000 Machine bu ilding industry products certification. General 
provisions.  
195. Revised standard ST RK 3.26-2002 GSS RK . Special hoisting equipment certification 
procedure.  
196. Revision of PR RK standard 50.3.21-97 Rules on motor vehicles certification. 
197. Revision of PR RK standard 50.3.24-97 Rules on cer tification. Services certification. Services 
certification procedure of maintenance and repair of vehicles. 
   WT/ACC/SPEC/KAZ/9/Rev.1 
Page 276  
 
  ANNEX 14 
14(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.1 
 Page 277 
 
 
  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.1 
Page 278  
 
  14(b): 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.1
 Page 279ANNEX 15 
Decreasing coefficients to existing tariffs for tran sit railway transportation of goods in Kazakhstan  
 
Nomenclature Code Forwarder Freight type HS UTSFTN3 Destination Decreasing 
Coefficient Expiration Date by protocol 
On the territory of Kazakhstan via rolling-
stock railway pool 0.85 01.01.2006- 
31.12.2006 LLP "Asia Freight" Potassium 
chloride 31042000  
On the territory of Kazakhstan via own 
(rented) rolling-stock  0.7 01.01.2006- 
31.12.2006 
For all forwarders Cotton 5201000 
5202000 
52030000 611015 
031009 
6111028 On the section of Sary-Agach - Lokot in the 
direction of Nahodka port and Zabaikalsk station  0.85 01.03.2006- 
31.12.2006 
For all 
forwarders Methanol 29051100  On the section of Lokot - Dostyk 0.9 01.03.2006- 
30.06.2006 
For all 
forwarders Crude oil 27090090 210004 On passage (transit) through the territory of 
Kazakhstan via wagonload of the railway pool and of own pool of Kyrgyzstan  0.7 01.03.2006- 
30.06.2006 
 
 
 
 
 
 
                                                      
3 Unified Tariffs/Statistics Freight  Transportation Nomenclature. WT/ACC/SPEC/KAZ/9/Rev.1 
Page 280  
 
  ANNEX 16 
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.1 
 Page 281 
 
 
  − 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 Government of the Republic of Kazakhstan 
and the Government of Georgia of 11 November 1997; 
− the Protocol on Exemptions from Free Tr ade 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 Amendi ng 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.1 
Page 282  
 
  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 Government of the Republic of Kazakhstan 
and the Government of the Azer baijan Republic of 10 June 1997; 
− the Protocol on Exemptions from Free Tr ade 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 the 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 Government of the Republic of Kazakhstan 
and the Government of Armenia 20 September 1999; and 
− the Protocol on Exemptions from Free Tr ade 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 Government of the Republic of Kazakhstan 
and the Government of the Republic of  Uzbekistan of 2 June 1997; and  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 283 
 
 
  − the Protocol on Exemptions from Free Tr ade 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 Government of the Republic of Kazakhstan 
and the Government of the Republic of Moldova of 26 May 1995; and 
− the Protocol on Exemptions from Free Tr ade 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 Government of the Republic of Kazakhstan 
and the Government of Ukraine of 17 September 1994; and 
− the Protocol on Exemptions from Free Tr ade 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.1 
Page 284  
 
  − 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 the 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); and 
− Agreement on Uniform Goods Nomenclature of External Economic Activities of the 
Eurasian Economic Community (20 September 2002). 
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 – partie s to the agreements 
on Customs Union (28 January 1999). 
IV. Single Economic Area with Russia, Ukraine and Belarus (SEA)
 
SEA Draft Agreements : 
1. Directed towards completion of establishment of the free trade zone, elimination of 
tariff and non-tariff barriers in mutual trade: 
− Draft Protocol on abolition of customs duties in  mutual trade of states – parties to the 
Agreement on Establishment of  SEA of 19 September 2003; 
− Draft Protocol on abolition of import customs duties in mutual trade of countries – 
parties to the Agreement on Establishm ent of SEA of 19 September 2003; and 
− Draft Agreement on abolition of quantitative rest rictions in mutual trade of countries 
– parties to the Agreement on Estab lishment of SEA of 19 September 2003. 
2.  Directed towards unification of rules for a pplication of special safeguards in mutual 
trade, and further non-application of  special safeguards, anti-dumping and 
countervailing measures in mutual trade as well as  unification of trade regimes with 
regard to the third countries: 
− Draft Agreement on Application of Safegua rds in Mutual Trade directed towards 
unification of application of safeguards in mutual trade; and  WT/ACC/SPEC/KAZ/9/Rev.1 
 Page 285 
 
 
  − Draft Agreement on Abolition of Safegua rds, Anti-Dumping and Countervailing 
Measures in Mutual Trade; 
− Draft Agreement on Common Customs Tariff. 
 
3. In the field of customs procedures: 
− Draft Agreement on Determining the Cust oms Value of Goods Imported to the 
Customs Territory of the Countries – Parties to the SEA. Pursuant to this Draft 
Agreement the value of goods imported to the customs territory of the country – party 
to the SEA shall be determined on the basi s of general principles of goods valuation 
for customs purposes of the General Agreem ent on Tariffs and Trade of 1994 (Article 
VII); 
− Draft Agreement on Adoption of Uniform Rules of Definition of a Country of Origin 
of the Goods from the Third Countries; 
− Draft Agreement on Common Rules for Li censing of Import and Export of Goods 
with unification of the list of goods import a nd export of which shall be subject to 
licensing.  The Agreement is aimed to ensure non-discriminative procedure of 
licensing of export and import of goods in accordance with international norms; 
− Draft Agreement on Simplification of the Procedure of Customs Clearance and 
Customs Control at Frontiers between the Countries-Parties to the Customs Union of 17 February 2000 (28 October 2003); and 
− Draft Agreement on Uniform Goods Nomenc lature of External Economic Activities 
of the Countries – Parties to the Agreement on Establishment of the SEA of 
19 September 2003. 
4. In the field of TBT and SPS: 
− Draft Agreement on Coordinated Policy in  the Field of Technical Regulation, 
Sanitary and Phytosanitary Measures, in  accordance with which the Parties shall 
agree to adhere to rules and principles of the WTO Agreement on Technical Barriers to Trade and the Agreement on the Appli cation of Sanitary and Phytosanitary 
Measures.    
__________