RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/KAZ/67 
25 June 2008 
 (08-3025) 
Working Party on the 
Accession of Kazakhstan Original:   English 
 
 
 
ACCESSION OF KAZAKHSTAN 
 
Additional Questions and Replies  
 
 
 The following submission, dated 18 June 2008, is  being circulated at the request of the 
Delegation of the Republic of Kazakhstan.   
_______________ 
  WT/ACC/KAZ/67 
 Page i 
 
 
 TABLE OF CONTENTS 
 
II.  ECONOMIC POLICIES..........................................................................................................1  
- Foreign Exchange and Payments ............................................................................................1  
- Investment Regime.............................................................................................................. ......6  
- State Ownership and Privatization .........................................................................................8  
- Pricing Policies ............................................................................................................... .........19  
III. FRAMEWORK FOR MAKING AN D ENFORCING POLICIES ....................................20  
IV. POLICIES AFFECTING TRADE IN GOODS ...................................................................25  
- Trading Rights ................................................................................................................. .......25  
A.  IMPORT REGULATIONS....................................................................................................41  
- Ordinary cust oms duties ........................................................................................................ 41 
- Other duties and charges....................................................................................................... .43 
- Tariff rate quotas, tariff exemptions.....................................................................................44  
- Fees and charges for services rendered.................................................................................45  
- Application of internal taxes to imports ...............................................................................47  
- Quantitative import restrictions, includi ng prohibitions, quotas and licensing 
systems ........................................................................................................................ .............50  
- Customs valuation.............................................................................................................. .....54  
- Rules of origin ................................................................................................................ .........59  
- Other customs formalities ...................................................................................................... 60 
- Anti-dumping, countervailing duties, safeguard regimes ...................................................62  
B. EXPORT REGULATIONS ...................................................................................................64  
- Customs tariffs, fees and charges for serv ices rendered, application of internal 
taxes to exports............................................................................................................... .........64  
- Export rest rictions ............................................................................................................ ......66  
- Export subsidies ............................................................................................................... .......67  
C. INTERNAL POLICIES A FFECTING FOREIGN TRADE IN GOODS .........................68  
- Industrial policy, including subsidies....................................................................................68  
- Technical barriers to trade, standards and certification.....................................................70  
- Sanitary and phytosanitary measures...................................................................................82  
- Trade-related investment measures ......................................................................................94  
- State-trading entities......................................................................................................... ......95  
- Free zones, special economic zones......................................................................................107  
- Agricultural policies.......................................................................................................... ....110  
V. TRADE-RELATED INTELLECTUAL  PROPERTY REGIME.....................................111  WT/ACC/KAZ/67 
Page ii  
 
 -
 SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING 
PROCEDURES FOR THE ACQUISITION AND MAINTENANCE OF INTELLECTUAL PROPERTY RIGHTS .........................................................................111
 
- Copyright and related rights................................................................................................111  
- Trademarks, including  service marks.................................................................................111  
- Geographical indications, including appellations of origin...............................................112  
- Requirements on undisclosed information, including trade secrets and test data..........114  
- ENFORCEMENT.................................................................................................................115  
VI. TRANSPARENCY ...............................................................................................................123  
- Publication of information on trade....................................................................................123  
ANNEX 1 ........................................................................................................................ ....................125  
ANNEX 2 ........................................................................................................................ ....................126  
ANNEX 3 ........................................................................................................................ ....................128  
ANNEX 4 ........................................................................................................................ ....................130  
ANNEX 5 ........................................................................................................................ ....................132  
ANNEX 6 ........................................................................................................................ ....................134  
 
  WT/ACC/KAZ/67 
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  II.  ECONOMIC POLICIES 
- Foreign Exchange and Payments Question 1 
We welcome Kazakhstan's decision to eliminate the controls on foreign exchange, except in 
emergency cases under the special permission regim e.  Please provide the Working Party with 
more information about this special permission re gime.  What types of conditions are likely to 
prompt the imposition of the special permission regime?  What types of procedures will be put in place, and what types of financial tran sactions will be governed under the regime?   
We continue to have concerns about the tran saction passport and the unnecessary burden it 
places on international trade.   
Answer:
 
1.  The special permission regime   Pursuant to the Law of the RK No. 57 "On Currency Regulating and Currency Control" of 
13 June 2005, in case of threats to economic security of Kazakhsta n  and stability of its financial 
system, and in case if the situation can not be resolved by other instruments of economic policy, the 
special permission regime can be introduced.  This system does not contradict to the provisions of the 
Agreement with the IMF.   
The decisions on introduction and prolongation of  the special permission regime, as well as 
procedures to be followed for issuing the permission,  and the list of transactions which can not take 
place without the special permission, are determin ed by the President of the Kazakhstan upon joint 
consultations with the Government and the National Bank of Kazakhstan.  This ensures the legitimacy 
of the decision made on introduction of the special permission regime.   
Presently, procedures and criteria for introduction of th e special permission regime are not established 
due the fact that it is difficult to predetermine  the potential causes for the threat to the economic 
security and financial stability of the country.  Th e procedures and the criteria that are developed 
taking into consideration all the related circum stances will be established by the Decree of the 
President.  
The special permission regime is introduced for a period which is necessary for elimination of the 
threat to economic security and financial stability of the country.  
Without the special permission of the National Bank, both the residents and non-residents are not 
allowed to undertake currency transactions which ar e subject to the special permission regime.   
The special permission is issued by the National Bank provided that the currency transactions are 
made by the residents and non-residents with the pur pose to prevent the threat to life and health of 
citizens, state security, and to fulfil international obligations of Republic of  Kazakhstan, as well as in 
cases when the currency transactions are called to address the problems related to the balance of 
payment of the Kazakhstan and th e domestic currency market.  
The text of Article 32 of the Law of the RK  "On Currency Regulating and Currency Control", 
stipulating the provisions related to the special permission regime, is attached  in Annex 1 to the Draft  
Working Party Report on the Accession of Kazakhstan to the World Trade Organization (WT/ACC/SPEC/KAZ/9/Rev.1). WT/ACC/KAZ/67 
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  2.  The transaction passport 
According to the Law of the RK "On Curre ncy Regulating and Currency Control" from 
1 January 2007: 
− the licensing requirements for all types of currency transactions are eliminated; and 
− repatriation terms of the nati onal and foreign currency for foreign-trade transactions  are 
determined by the provisions of the contract s with non-residents.  Until 1 January 2007, the 
repatriation term for all foreign-trade transacti ons was set as 180 days and the prolongation of 
the repatriation term required the licence issued by the National Bank.  
With the purpose to conduct statistical monitori ng, information on currency transactions undertaken 
by residents is provided within the framework of  the regime on registration and notification of 
currency transactions.  The regime obliges the resi dent to notify on the currency transactions being 
undertaken, but shall not impede implementation of the currency transaction.       
As of 1 January 2007, the new Rules on Export- Import Currency Control have been enacted in 
Kazakhstan.   
According to the new Rules, the procedures for issuing the transaction passports have been 
significantly simplified.  The transaction passport is issued only by the commercial bank of the 
exporter or importer, the terms do not create any a dditional requirements or barrier for foreign trade 
transactions.    
Most particularly, the procedures for issuing the transaction passports have been simplified in the 
following ways (for more detailed analysis please also see the comparative table provided in Annex 1): 
− The transaction passport is now issued only by  the commercial bank of exporter or importer, 
while according to the previous procedure, in  order to obtain the transaction passport, the 
exporter or importer had to apply first to the customs authority and then to the commercial 
bank; 
− The transaction passport contains the informati on on parties to the transaction and terms of 
the contract (the total value of the contr act, the currency of payment and the means of 
payment). Previously, the transaction passport in  addition to the abovementioned information 
also contained:  (i) passport or other details of  the head of the company which is involved in 
exportation or importation of goods, (ii) the bank account details used for payment 
transactions, (iii) address of the relevant tax au thority, and (iv) the list of exported/imported 
goods with attached specifications; 
− The repatriation terms of the national and foreig n currency for foreign-trade transactions  are 
determined by the provisions of the foreign tr ade contracts with non-residents.  Previously, 
the repatriation term for all foreign-trade tr ansactions was 180 days and the prolongation of 
the repatriation term required the licence issued by the National Bank; 
− In order to obtain the transaction passport, the exporter/importer is not obliged now to present 
other documents, which are required by the curre ncy legislation.  Previously, the transaction 
passport was issued only upon presentation of  the documents required by the currency 
legislation (such as licensing and registration documents); 
− The transaction passport is now issued without  imposing any additional requirements to the 
terms stipulated in the foreign trade contract.  Previously, the transaction passport was issued 
only provided that the terms for return of goods and payments in cases of failures to meet the 
contractual obligations were clearly  stipulated in the contract; and  WT/ACC/KAZ/67 
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  − The transaction passport does not require any ap proval process and any fees imposed by the 
commercial banks servicing the exporter or importer.  The time period for issuing the transaction passport shall not exceed two working days.  
In conclusion, it is important to note that the simplified procedures for issuing the transaction passport 
do not create additional burden for or serve as a barrier to foreign trade operations.  Thus, the 
transaction passport is used only for keeping a statis tical record and for monitoring foreign trade.   
Question 2 
We note the reforms being undertaken in Kazakhsta n in relation to foreign exchange payments.  
We have some further questions in relation to the reforms described in the Working Party 
report. 
In relation to the reforms outlined in paragr aph 21 of document WT/ACC/SPEC/KAZ/9/Rev.1: 
We note that residents would be required from January 2007 to "transfer the export proceeds 
or import prepayment to a Kazakh bank within the timeframe stipulated in a foreign trade contract".  Does this mean that parties to a foreign trade contract a re required to make an 
import prepayment and required to stipulate this in  their contract?  What if those parties to the 
contract agreed for payment to be settled upo n arrival of the goods in Kazakhstan without 
prepayment? 
Answer:
 
Pursuant to Article 12 of the Law of the Republic  of Kazakhstan No. 57 "O n Currency Regulating and 
Currency Control" of 13 June 2005, as of 1 January 2007, within the periods stipulated in a foreign 
trade contract, residents shall ensu re shall transfer to the bank accounts with the authorized banks of 
the following:  
− national and foreign currency received by a r esident as payment for export of goods (works, 
services); and 
− national and foreign currency transferred by a resident to a non-resident as payments for 
importation of goods (works, services) in cases when  a non-resident failed to fulfil or partially 
fulfilled its obligations.  
The issue whether the parties shall make prepayments for imports of goods depends on the terms 
stipulated in each contract by the concerned parti es.  In cases when, based on the contract, the resident 
shall make the full payment for goods upon their im portation/delivery to Kazakhstan without advance 
payment, the request for repatriation described above does not apply to such contracts.   
Text of the Law "On Currency Regulating and Cu rrency Control" is available through document 
WT/ACC/KAZ/67/Add.1.   
Question 3 In relation to paragraph 22, we note Kazakhs tan's point that registration of a currency 
agreement was "not a permission requirement".  However, Kazakhstan notes that a registration 
certificate could be "refused".  What are the consequences of "refusal" of such a certificate?  The last sentence suggests that "registration" is necessary for allowing the export of investments 
and proceeds of such investments without restrictions. 
Answer:
 
The purpose of registration is to maintain statistical record of currency operations.  WT/ACC/KAZ/67 
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  According to the Law "On Currency Regulating a nd Currency Control", the following transactions 
shall be made under the registration regime: 
− payments between residents and non-residents under commercial credits for a term exceeding 
180 days; 
− direct investments of non residents into th e Republic of Kazakhstan (upon receipt of money 
by resident) and of residents abroad (upon transfer of money by resident abroad); 
− purchase of stocks of residents by non-residents, including shares of investment funds-
residents, transfer of funds by non-residents with the purpose to participate in the charter 
capital of residents, initial public offering of shares of residents at international capital 
markets, including issuance of depository receipts for the securities of residents of residents;      
− financial loans of residents to non residents and of non-residents to residents for the term 
exceeding 180 days; and 
− payments of legal persons-residents to non-r esidents, and payments of non-residents to 
residents related to purchase of real estate. 
The registration requirement applies only to residents of the Republic of Kazakhstan. 
According to Article 8 of the Law "On Currency Regulating and Currency Control", the registration 
regime shall include registration of the currency c ontract and subsequent s ubmission by resident of 
information on the registered currency contract. 
The currency contract could be registered by the resi dent at the territorial branch of the National Bank 
located close to constant residence of a resident natural person or office of a resident legal person. 
The registration is carried out within ten working days  from the date of submission by the resident of 
the complete package of the documents, including: 
− an application form; 
− a copy of the currency contract certified by th e signature for natural and legal persons and 
seal for legal persons; 
− a copy of the personal identity document for natu ral persons carrying out currency operation; 
− a copy of the certificate about state registration of a legal person;  
− a copy of the taxpayer identification document; and 
− a copy of the documents confirming emergence,  implementation and discharge of liabilities in 
accordance with the currency contract. 
This list does not include permits or documents su bmission of which could be difficult for resident 
party to the foreign trade operation.  
- Upon registration of the currency agreement, a pplicant receives the certificate of registration. 
Registration could be denied due to the following reasons: 
− submission of inaccurate information or failure to submit information requested in accordance 
with Law "On Currency Regulating and Currency Control"; or 
− inconsistency of a foreign trade operation with the legislation of the Republic of Kazakhstan. 
If the currency transaction is subject to registration, in order to make a payment, the resident should 
present the registration certificate to the bank.     
Non-residents could withdraw from Kazakhstan i nvestments and earnings made from investments 
without restrictions.     WT/ACC/KAZ/67 
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  Question 4 
In relation to the transaction passport in paragr aph 26, we welcome the reforms outlined in the 
revised report.  We understand now that the purpo se of this passport is simply to record trade 
flows.  If so, can Kazakhstan explain what "approval processes" would still be required to 
obtain such a passport and why they would be necessary?  Any approvals could have the nature 
of a form of import licensing and hence would be  subject to the disciplines of that agreement.  
Could Kazakhstan explain in detail these approval  processes, how they operate and what fees 
are applied in relation to obtaining such a passport? 
Answer:  
According to the Law of the RK "On Curre ncy Regulating and Currency Control", from 
1 January 2007: 
− the licensing requirements for all types of currency transactions are eliminated; and 
− repatriation terms of the nati onal and foreign currency for foreign-trade transactions  are 
determined by the provisions of the contract s with non-residents.  Until 1 January 2007, the 
repatriation term for all foreign-trade transacti ons was set as 180 days and the prolongation of 
the repatriation term required the licence issued by the National Bank.  
With the purpose to conduct statistical monitori ng, information on currency transactions undertaken 
by residents is provided within the framework of  the regime on registration and notification of 
currency transactions. The regime obliges the reside nt to notify on the currency transactions being 
undertaken, but shall not impede implementation of the currency transaction.       
As of 1 January 2007, the new Rules on Export- Import Currency Control have been enacted in 
Kazakhstan.   
According to the new Rules, the procedures for issuing the transaction passports have been 
significantly simplified.  The transaction passport is issued only by the commercial bank of the 
exporter or importer, the terms do not create any a dditional requirements or barrier for foreign trade 
transactions.    
Most particularly, the procedures for issuing the transaction passports have been simplified in the 
following ways (for more detailed analysis please also see the comparative table provided in 
Annex 1): 
− The transaction passport is now issued only by  the commercial bank of exporter or importer, 
while according to the previous procedure, in  order to obtain the transaction passport, the 
exporter or importer had to apply first to the customs authority and then to the commercial 
bank; 
− The transaction passport contains the informati on on parties to the transaction and terms of 
the contract (the total value of the contr act, the currency of payment and the means of 
payment).  Previously, the transaction passport in addition to the abovementioned information 
also contained:  (i) passport or other details of  the head of the company which is involved in 
exportation or importation of goods, (ii) the bank account details used for payment 
transactions, (iii) address of the relevant tax au thority, and (iv) the list of exported/imported 
goods with attached specifications; 
− The repatriation terms of the national and fore ign currency for foreign-trade transactions are 
determined by the provisions of the foreign tr ade contracts with non-residents.  Previously, 
the repatriation term for all foreign-trade tr ansactions was 180 days and the prolongation of 
the repatriation term required the licence issued by the National Bank; WT/ACC/KAZ/67 
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  − In order to obtain the transaction passport, the exporter/importer is not obliged now to present 
other documents, which are required by the curre ncy legislation. Previously, the transaction 
passport was issued only upon presentation of  the documents required by the currency 
legislation (such as licensing and registration documents); 
− The transaction passport is now issued without  imposing any additional requirements to the 
terms stipulated in the foreign trade contract.  Previously, the transaction passport was issued 
only provided that the terms for return of goods and payments in cases of failures to meet the 
contractual obligations were clearly  stipulated in the contract; and 
− The transaction passport does not require any ap proval process and any fees imposed by the 
commercial banks servicing the exporter or importer. The time period for issuing the transaction passport shall not exceed two working days.  
In conclusion, it is important to note that the simplified procedures for issuing the transaction passport 
do not create additional burden for or serve as a barrier to foreign trade operations. Thus, the 
transaction passport is used only for keeping a sta tistical record and for monitoring foreign trade. 
- Investment Regime 
Question 5 In paragraph 36 of WT/ACC/SPEC/KAZ/9/Rev.1 Kazakhstan explains that, pursuant to Law 
No. 568 "On Communications", there is a 49 per cen t equity cap for foreign investment in long 
distance and/or international telecommunication s services using fixed networks.  How does a 
49 per cent equity cap address Kazakhstan's security concerns?  Many countries, including this 
Member, have significant security concerns yet do  not impose equity restrictions as a means to 
address them.  Why is Kazakhstan different from all these countries? 
Answer:
 
In accordance with the Law of the RK No. 233 "On National Security" of 26 June 1998, currently 
foreign participation in the charter capital of co mpanies providing long distance and/or international 
telecommunication services using fixed communication ne tworks (cable, optical fibre, radio relay) is 
limited to 49 per cent.  This limitation had been intr oduced to protect the national security interests of 
Kazakhstan; such a limitation is not applied to operators of mobile, satellite and local 
communications.   
Currently the Government of Kazakhstan in its ser vices market access negotiations is discussing with 
some WTO Member-States options for the further liberalization of the telecommunications sector. The outcomes of bilateral negotiations will be reflect ed in due course in the following draft versions 
of the Working Party Report.  
At the same time, it should be noted that a subs tantial number of OECD Member-States as well as 
developing countries do maintain restrictions on foreign direct investments into the telecommunications sector, which was recently in full Government domain.  
Therefore, based on analysis of other country's e xperience in liberalization of the telecommunications 
sector, as well as taking into account the existing te chnical capacity needed fo r further liberalization 
of the telecommunications sector, and national eco nomic security reasons, Kazakhstan will determine 
its market access conditions for foreign telecommuni cations operators to provide long distance and 
international voice services.   WT/ACC/KAZ/67 
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  Question 6 
We note in paragraph 33 of document WT/ACC /SPEC/KAZ/9/Rev.1 that investors are exempt 
from payment on the turnover of goods sold.  Such VAT exemptions "were granted to investors 
who benefited from VAT exemptions on import s, pursuant to the terms of the investment 
contracts".  We seek clarification of the following: 
Is VAT exempt from sales of the goods produced by "investors" and sold into the domestic 
market in Kazakhstan? 
Is VAT exempt on the sales of "like" imported pro ducts (i.e. "like" or similar to those sold by 
investors in Kazakhstan's domestic market)? 
Answer:  
The List of investors benefiting from VAT exemptio ns on imports within the framework of contracts 
for subsoil use on the territory of the Republic of Kazakhstan is esta blished by the Resolution of the 
Government of the  Republic of Kazakhstan No . 1075 of 11 November 2006 (available through 
document WT/ACC/KAZ/67/Add.1).   
The turnover of goods sold by investors on the terr itory of the Republic of Kazakhstan is subject to 
VAT payment.  
The List of goods (works, services), turnover of which is exempted from VAT is established by 
Article 225 of the Tax Code (Annex 2). 
The List of goods, imports of which is exempted from VAT, is established by Article 234 of the Tax 
Code (Annex 3).  
Thus, import of goods, similar to the goods, sold by  investors on the territory of the Republic of 
Kazakhstan, which are not included in the List stipul ated by Article 234 of the Tax Code, is subject to 
VAT payment. 
Question 7 
We note investment incentives conditioned on the use of local materials (paragraph 39) or 
export in the automobile sector and seek clarific ation as to when Kazakhstan will abolish such 
incentives and ensure consistency with the TRIMs agreement and the Agreement on SCM. 
Answer:  
Currently Kazakhstan is preparing relevant ame ndments to the legislation of the Republic of 
Kazakhstan concerning the "Free warehouse" regime .  According to the draft amendments, the 
requirement to use domestic goods over imported goods  in order to receive the tax and import duty 
preferences will be eliminated upon the implementa tion of the proposed amendments. It should also 
be noted that regulations related to taxes and import duties will be applied in a non-discriminatory 
manner to all products produced at "Free warehouses ".  The new legislation will be provided to the 
Working Party as soon as possible. 
The draft amendments are aimed at bringing the "F ree warehouse" regime applied in Kazakhstan into 
compliance with the Article III of the GATT, TR IMs and SCM Agreements.  Please note that 
Kazakhstan is compiling and analyzing information related to subsidy notif ications under Article 25 
of the SCM Agreement. WT/ACC/KAZ/67 
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  - State Ownership and Privatization 
Question 8 We believe that this section of the Working Party Report needs work.  We would like to explore 
further the role of the state in Kazakhstan's economy.    
What is the difference between "state property" (listed in Annex 3(c) of 
WT/ACC/SPEC/KAZ/9/Rev.1) and "state-owned prop erty" (listed in Annex 3(d))?  In addition, 
what does it mean that these properties are exempt from privatization until 2006?  Now that 2006 is almost at a close, will they be considered for privatization?  Please identify those properties that will not be exempt from privatization.    
Answer:
 
Annex 3(c) indicates the spheres of activities exempt ed from privatization. Annex 3(d) contains the 
list of enterprises operating in the s pheres indicated in the Annex 3(c). 
Kazakhstan is currently in the process of distri bution of state property between newly established 
national holdings, including:  
− JSC Kazakhstan Holding for State Assets Management "Samruk"; 
− JSC Fund of Stable Development "Kazyna"; 
− JSC "National Scientific and Technological Holding "Samgau"; 
− JCS "National Holding "KazAgro"; 
− JSC "National Company "Social - Entrepreneur ial Corporation "Sary-Arka", JSC "National 
Company "Social - Entrepreneurial Corporation "Ertys"; and 
− JSC "National Company "Social - Entrepreneur ial Corporation "Ontustyk", JSC "National 
Company "Social - Entrepreneurial Corporation "Zhetisu". 
The Government of the Republic of Kazakhstan c onsiders privatization as an element of state 
property management.  Privatization of the majority, 85 per cent, of state property entities has been completed during the period from 1991.  In certain strategic industries such as oil production, 
electricity production, main-line railway transportati on, pipe-line transportation, public postal services 
and telecommunications services were transfer red to the newly-established national holding 
companies. 
The Government of the Republic of Kazakhstan has enacted the Resolution No. 483 "On Certain 
Issues of Republican State Property" of 11  June 2007 (available through document 
WT/ACC/KAZ/67/Add.1) which approved the following lists: 
− list of joint stock companies (limited liability partnerships) with state participation necessary 
for fulfilment of national tasks; 
− list of republican state ente rprises necessary for fulfilment of national objectives; 
− list of joint stock companies established for fulfilment of the objectives envisaged in the 
national programs; 
− list of joint stock companies (limited liability partnerships) state owned shares of which are 
subject to transfer to the competitive market; and 
− list of republican state enterprises which are s ubject to transfer to the competitive market. 
In addition, the Resolution of the Government  of Kazakhstan No.1219 of 11 December 2007 has 
approved the List of organizations with state partic ipation, shares of which are subject to sale through 
the stock market and the List of organizations w ith state participation which are subject to listing  WT/ACC/KAZ/67 
 Page 9 
 
 
  procedures in 2008 (Government Resolution No. 1 219 of 11 December 2007 is available through 
document WT/ACC/KAZ/67/Add.1). 
In addition, the Republic of Ka zakhstan has adopted the Law No. 321 "On Amendments and Addenda 
to Certain Legal Acts of the Repub lic of Kazakhstan on the Issues of State Interests in the Sphere of 
Economy" of 7 August 2007, which contain the followi ng additions to the legislative acts of the RK: 
1. Civil Code of the RK of 27 December 1994: 
− introduced the definition of "strategic entities"; 
− determined the list of entities that can be defined as strategic; 
− main railway networks; main oil pipelines;  main gas pipelines; national electricity 
distribution network; main communication lines; public postal services; international airports; seaports of international importance;  air navigation facilities of the air traffic 
control system; facilities and navigation marks regulating and guaranteeing the safety 
of shipping; entities of atomic power use; entities of space system; water facilities; 
highway transportation facilities of public u se; shares (shares of participation) of 
juridical persons which own strategic entiti es, shares (shares of participation) of 
natural and juridical persons which can dir ectly or indirectly define decisions or 
influence decisions of juridical persons that own strategic entities; and 
− defined priority right of the Government of the Republic of Kazakhstan to purchase 
the strategic entities at market price in case of sales of strategic entities by private 
owners. 
2. Law of the RK "On National Security of the Republic of Kazakhs tan" of 28 June 1998 
entitled the Government of the Republic of Kazakhstan to:  
− form the list of strategic entities; 
− approve encumbrance of strategic entities with  the third-party rights or alienation of 
strategic entities;  
− determine the procedure of priority right s use of the Government to purchase the 
strategic entities;  
− form the Commission on strategic entities unde r the Government of the Republic of 
Kazakhstan; and 
− approve or refuse legal transactions with  strategic entities owned by natural or 
juridical persons on the basis of recommendations of the Commission on strategic entities under the Government of the Republic  of Kazakhstan if this transaction may 
threaten to national interests of  the Republic of Kazakhstan. 
− defined main categories of strategic entities: 
− strategic entities transferred into the char ter capital and/or owned by the national 
holdings and/or national companies or aff iliated persons or other juridical persons 
with state participation; and 
− strategic entities owned by juridical and na tural persons not-affiliated with the state. 
Question 9 
Page 19, paragraphs 46 and 47:  since 1991, Kaza khstan has launched six two-year privatization 
programmes, the latest covering the years 2003 to 2005.  Relevant statistics are provided in 
Tables 4 and 5. WT/ACC/KAZ/67 
Page 10 
 
 
  We would be interested in knowing whether Ka zakhstan has started any new programmes from 
2006 to further privatize its State enterprises, or has firm plans to launch further programmes 
in the years ahead?  If so, please provide details. 
Answer:  
Kazakhstan is currently in the process of distri bution of state property between newly established 
national holdings, including:  
− JSC Kazakhstan Holding for State Assets Management "Samruk",  
− JSC Fund of Stable Development "Kazyna",  
− JSC "National Scientific and Technological Holding "Samgau",  
− JCS "National Holding "KazAgro",  
− JSC "National Company "Social - Entrep reneurial Corporation "Sary-Arka",  
− JSC "National Company "Social - Entrepreneurial Corporation "Ertys",  
− JSC "National Company "Social - Entrep reneurial Corporation "Ontustyk", and 
− JSC "National Company "Social - Entr epreneurial Corporation "Zhetisu". 
The Government considers privatization as an elemen t of state property management. Privatization of 
the majority-85 per cent- of state property entities has been completed during the period from 1991.  In certain strategic industries such as oil prod uction, electricity production, main-line railway 
transportation, pipe-line transportation, public postal services and telecommunications services were 
transferred to the newly-established national holding companies. 
The Government of the Republic of Kazakhstan has enacted the Resolution No. 483 "On Certain 
Issues of Republican State Property" of 11 June  2007 (available through document 
WT/ACC/KAZ/67/Add.1) which approved the following lists: 
− list of joint stock companies (limited liability partnerships) with state participation necessary 
for fulfilment of national tasks; 
− list of republican state ente rprises necessary for fulfilment of national objectives; 
− list of joint stock companies established for fulfilment of the objectives envisaged in the 
national programs; 
− list of joint stock companies (limited liability partnerships) state owned shares of which are 
subject to transfer to the competitive market; and 
− list of republican state enterprises which are s ubject to transfer to the competitive market. 
In addition, the Resolution of the Government of Kazakhstan No.1219 of 11 December  2007 has 
approved the List of organizations with state partic ipation, shares of which are subject to sale through 
the stock market and the List of organizations w ith state participation which are subject to listing 
procedures in 2008 (Government Resolution No. 1 219 of 11 December 2007 is available through 
document WT/ACC/KAZ/67/Add.1). 
In addition, the Republic of Ka zakhstan has adopted the Law No. 321 "On Amendments and Addenda 
to Certain Legal Acts of the Repub lic of Kazakhstan on the Issues of State Interests in the Sphere of 
Economy" of 7 August 2007, which contain the followi ng additions to the legislative acts of the RK: 
1. Civil Code of the RK of 27 December 1994: 
− introduced the definition of "strategic entities"; 
− determined the list of entities that can be defined as strategic:   WT/ACC/KAZ/67 
 Page 11 
 
 
  − main railway networks; main oil pi pelines; main gas pipelines; national 
electricity distribution network; main communication lines; public postal services; international airports; seaports of international importance; air navigation facilities of the air traffic control system; facilities and navigation marks regulating and guaranteeing the safety of shipping; entities of atomic 
power use; entities of space system; wa ter facilities; highway transportation 
facilities of public use; shares (shares of participation) of juridical persons which own strategic entities, shares (shares of participation) of natural and juridical persons which can directly or indirectly define decisions or influence decisions of juridical persons that own strategic entities. 
− defined priority right of th e Government of the Republic of Kazakhstan to purchase the 
strategic entities at market price in case of sales of strategic entities by private owners. 
2. Law of the RK "On National Security of the Republic of Kazakhs tan" of 26 June 1998 
entitled the Government of the Republic of Kazakhstan to:  
− form the list of strategic entities;  
− approve encumbrance of strategic entities with  the third-party rights or alienation of 
strategic entities;  
− determine the procedure of priority right s use of the Government to purchase the 
strategic entities;  
− form the Commission on strategic entities unde r the Government of the Republic of 
Kazakhstan;  
− approve or refuse legal transactions with  strategic entities owned by natural or 
juridical persons on the basis of recommendations of the Commission on strategic entities under the Government of the Republic  of Kazakhstan if this transaction may 
threaten to national interests of  the Republic of Kazakhstan; 
− defined main categories of strategic entities: 
− strategic entities transferred into the char ter capital and/or owned by the national 
holdings and/or national companies or aff iliated persons or other juridical persons 
with state participation; and 
− strategic entities owned by juridical and na tural persons not-affiliated with the state. 
Question 10 
Are "state enterprises", as that term is used in the draft Working Party Report (e.g., paragraph 
43 of WT/ACC/SPEC/KAZ/9/Rev.1), those owned by the State? Does this include Joint Stock 
Companies (JSCs) owned by the State?  Does th is term include enterprises and JSCs controlled 
by the State, for example, through the appointm ent of directors, or the ability to direct the 
enterprise's operations or effectively exercise a veto over the enterprise's decisions?   
Assuming JSCs are not captured by the term "s tate enterprises", and hence are not included in 
Table 1, it would be useful to indicate in Anne x 3(e) the relevant sectors of the economy in which 
we find JSCs with State-owned shares. 
Answer:
 
The Law of the Republic of Kazakhstan No. 2335 "O n State Enterprises" of 19 June 1995 defines 
state enterprises narrowly.  Pursuant to the Law, st ate enterprises are established with the objective to 
address social and economic needs of the society and the state.  WT/ACC/KAZ/67 
Page 12 
 
 
  The legislation of Kazakhstan directly defines those spheres of activity, where state enterprises can be 
established.  The property of state enterprises are owne d and controlled by the state.  State enterprises 
are established in the following spheres: 
− provision of support to state defence capacities a nd protection of interests of the society; and 
− production of essential goods (works, services) in  the social spheres of the economy where 
the private sector is insufficiently present or absent; 
In contrast, joint-stock companies (JSCs), partners hips, and other entities with full or partial state 
ownership of shares operate based on a different lega l basis.  Under Article 34 of the Civil Code of 
the Republic of Kazakhstan, JSCs, partnerships, a nd other entities, except fo r state enterprises, are 
commercial entities established to generate profit.  The state owns the company shares but not its 
property.  Consequently, the property of the comp any, as the property of an independent juridical 
person, is private, not state-owned. 
State acts solely on the basis of generic legislati on enacted for regulating relationships of all JSCs, 
partnerships, etc.  The rights of the state and its  influence in the business decision-making process are 
determined by the quantity of shares owned by the st ate.  The activities of joint stock companies with 
the state participation are not limited by the state.  Hence, state can influen ce decisions undertaken by 
such enterprises only within and proportionally to the authority conferred by legislation as to a 
shareholder of a private company.  For instance, state holding a minority share in a company can not 
block or change Board of Directors' decision.  
Question 11 
What does it mean for firms to have the stat us of "national companies", as described in 
paragraph 43 and Annex 3(b) of WT/ACC /SPEC/KAZ/9/Rev.1?  How are "national 
companies" different from "state enterpri ses" or "state-owned enterprises"?   
Answer:  
In accordance with the Law of the Republic of Kazakhstan No. 415 "On Joint Stock Companies" of 
13 May 2003 national company is a joint stock company, established by the Decision of the Government, with a majority state- or national hol ding-owned shares, which carries out its activity in 
strategically important fields of national economy.  
In addition, in accordance with Article 34 of the Law "On Joint Stock Companies": 
− Board of directors of the company with state owned shares or national management company 
(excluding national companies) approves medi um-term plans of financial and economic 
activity of the company presented by its executive body; 
− Plans of financial and economic activity of the company with state owned shares are 
presented to government bodies in the procedur e and within the terms defined by the 
legislation of the Republic of Kazakhstan; and 
− Development plans of national companies with national holding shares are approved by the 
Boards of directors of these national companies. 
Question 12 
In paragraph 57 of document WT/ACC/SPEC/KA Z/9/Rev.1, Kazakhstan notes that private 
enterprises are permitted to compete in sectors do minated by natural monopolies.  Are private 
enterprises subject to the same price controls im posed on natural monopolies?  Are they subject 
to the same notification requirements concernin g price changes as are natural monopolies?    WT/ACC/KAZ/67 
 Page 13 
 
 
  Answer:  
Natural monopolies could include natural persons as well as any entities regardless of their ownership 
rendering services subject to state regulation as natu ral monopolies in the spheres determined in the 
Law No. 272 "On Natural Monopolies" of 9 July 1998.  The List of regulated services is adopted by 
the Resolution of the Government of the RK No. 155 of 14 March 2006.  
Entities rendering services subject to state regulation as natural monopolies shall be included into the 
State Register of Natural Monopoly Entities.  All such entities, regardless of their ownership, are 
subject to uniform requirements stipulated by the legislation on natural monopolies.  Tariffs charged 
by entities subject to state regulation as natural monopolies are approved by the authorized body. 
Entities subject to state regulation as natural m onopolies shall notify their consumers on expected 
tariff changes.   
The Law of the RK "On Natural Monopolies" does not prohibit private investors to compete with 
entities subject to state regulation as natural monopo lies.  For example, the Law does not prevent 
other private investors to build an additional main pipeline or railway.  In case of increased 
competition, such sphere of activity will  not be regulated as a natural monopoly. 
Question 13 Kazakhstan's response to Question 16 in WT/ACC/K AZ/66 indicates that "state monopoly has 
been reserved only in specific services sectors".  Does this statement mean that there exist no 
state monopolies engaged in the production of goods? 
Answer:
 
At present time, in Kazakhstan there are no stat e monopolies engaged in production and trade of 
goods. Consideration of certain types of activities as state monopolies is foreseen by such laws as "On Security Activity", "On Regulation of Trade Activ ity", "On Veterinary", "On Trademarks, Service 
Marks and Appellations of Origin", "On Selective Achievements", "On Plants Protection", "On State 
Procurement", Patent Law and Forest Code.  
Based on the abovementioned laws, at present time state monopolies are engaged in activities in 
specific services sectors.  
Question 14 
What is the difference between a national state enterprise and a communal state enterprise?  Is 
the only difference the ownership?  Is there a difference in the governance or permissible 
activities between the two?   
Answer:
 
The only difference between national and communal state enterprises is the type of ownership. 
Depending on the type of ownership, enterprises are divided into: 
− National enterprises in national ownership; 
− Communal state enterprises in communal ownership. 
Accordingly, communal enterprise is the state ente rprise, the executive body of which is represented 
either by:  (i) akimat (i.e., local executive body) of th e territorial unit; or (ii) authorized by Akim (i.e., 
head of local executive body) executive body, which is financed from the local budget.  WT/ACC/KAZ/67 
Page 14 
 
 
  There is no difference in governan ce or permissible activities.  
Question 15 
In response to Question 16 of document WT/ACC/KAZ/66, Kazakhstan states that there are 
"369 joint stock companies with state participation in Kazakhstan."  Can a JSC be a NSE or a 
CSE?   
Answer:  
Joint stock company with state owned share or sh ares of national holdings cannot be a national state 
enterprise or communal state enterprise by virtue of  different legal forms of ownership.  These notions 
are mutually exclusive and governed by the different laws. 
Joint stock company with state owned shares or shares of national holdings are governed by the Law 
"On Joint Stock Companies". 
National state enterprises and communal state enterp rises are state enterprises and governed by the 
Law "On State Enterprises". 
See also answer to Question 10 above. 
Question 16 
Please explain further how Presidential Decrees Nos. 50 and 65 "improve the corporate 
management" of "national enterprises" and "devel opment institutions", as stated in paragraph 
45 of WT/ACC/SPEC/KAZ/9/Rev.1. 
Answer:  
Decrees of the President of the RK No. 50 and No. 65 established the Joint Stock Company "Holding 
on Management of State-owned Assets of Kazakhsta n "Samruk" (hereinafter - "Samruk") and the 
Joint Stock Company Sustainable Developmen t Fund "Kazyna" (hereinafter - "Kazyna").  
The objective of "Samruk" is to maximize the long-term value of the companies with state 
participation through improvement of corporate management.  
The following work has been done by "Samruk" within 2006-2007 in the sphere of corporate 
management in the companies under "Samruk": 
− new members of the Board of Directors were elected, including independent directors; 
− new structure of long-term, medium-term a nd annual planning of the companies were 
adopted, 
− Samruk's Code of corporate management and model code of corporate management on the 
basis of which the companies develop their own codes of corporate management; 
− internal audit divisions, committees of board s of directors on auditing, appointment and 
rewards were established;   
− corporate risk management systems were implemented; 
− measures on timely conducting of external a udits, automation and unification of used 
accounting systems were undertaken; 
− the position of corporate secretary was introduced; 
− human resources policies were improved; and 
− key activity parameters of th e companies were approved.  WT/ACC/KAZ/67 
 Page 15 
 
 
  It is planned to obtain corporate management ra tings of five national companies under "Samruk", 
including "KazMunaiGaz", "KEGOK", "KazakhTelec om", "KazPochta", "Kazakhstan TemirZholy", 
from international rating agencies, such as "Standards and Poor's". 
The objective of "Kazyna" is to facilitate investme nt and innovation activities in all sectors of the 
economy of the Republic of Kazakhs tan through effective corporate management of companies with 
state participation.  
With the purpose to improve and systematize cor porate management and ensure  transparency, 
"Kazyna" adopted the following: 
− "Kazyna's" Code of Corporate Management; and 
− "Kazyna's" Code of Corporate Ethics. 
With the view to improve corporate management tr ansparency, independent directors were introduced 
into the Board of Directors of development ins titutes under "Kazyna".  ISO 9001:2000 international 
quality standards and social responsibility princi ples are being implemented in the development 
institutions.  Also, "Kazyna" is planning to apply for international ratings of corporate management 
from international agencies.       
Question 17 
In the response to Question 18 of document WT /ACC/KAZ/66 Kazakhstan explains that JSCs 
with 100 per cent state ownership are not consid ered state enterprises.  Please explain why 
Kazakhstan makes this distinction.  We note, fo r example, that Article XXVIII(n) of the GATS, 
following the common understanding, defines an enterprise as "owned" by the State if the State has more than a 50 per cent ownership share.    
Answer:
 
Juridical persons with state participation in their charter capital are the Joint Stock Companies (JSCs) 
and the partnerships. 
The term "state enterprise" does not apply to JSCs  and partnerships, because in accordance with the 
Civil Code, they are the commercial enterprises that  pursue generation of profit as the main purpose 
of their activity.  
State owns the shares of JSCs and partnerships, but  does not own their property, which is in private 
ownership.  
Property of state enterprises is owned by the state by the right of ownership whereas state enterprises 
own this property by the proprietary right, i.e. by the right of economic and operational management. 
The legislation of the Republic of Kazakhstan direc tly defines the spheres of activity, where state 
enterprises can be established, while JSCs and partnerships have no such limitation.  
The state as a shareholder does not have any privileg es with regard to other private shareholders in 
business-decision making process within JSC, while the state is the key decision-maker with regard to 
business activity of the state enterprise. 
Therefore, the term "state enterprise" does not apply to JSCs. WT/ACC/KAZ/67 
Page 16 
 
 
  Question 18 
We commend Kazakhstan on its continued commitment to privatization and the consequent 
improvement in the efficient operation of its mark ets.  We are interested in further information 
on the role of the State in partially privatized fi rms (i.e., those in which the State retains shares).  
For example, how does the State exercise its voting rights in such firms, whether the State 
retains a minority or majority of the shares ? Please identify any laws governing the State's 
participation in the operations of those firms. 
Answer:  
According to the Law "On Joint Stock Companie s", the state as a shareholder has no special 
privileges with regard to other shareholders, in cluding the process of voting at the shareholders 
meetings. The legislation of Kazakhstan does not provi de any special privileges for the state in cases 
if it does not have enough votes to block the decisions of the JSC.  
Article 13 of the Law of the Republic of Kazakhsta n "On Joint Stock Companies" provides the right 
to introduce a "gold share" by the decision of the shareholders.  Currently, the state does not own any 
"gold share". 
According to the new amendments to the Law of the Republic of Kazakhstan "On Joint Stock 
Companies", "gold shares" in public companies are prohibited.  Public companies are joint stock 
companies whose shares went public at stock markets. 
Question 19 
In paragraph 55 of WT/ACC/SPEC/KAZ/9/Rev.1 Kazakhstan has identified ten areas to be 
exempted from privatization.  How many State-owned or State-controlled enterprises operate in 
each of these areas, and to what extent are th ese areas open to competition by private firms 
(domestic and/or foreign)? 
Answer:  
Based on the Law of the Republic of  Kazakhstan "On Privatization", the Decree of the President of 
the Republic of Kazakhstan No. 422 "On the lis t of state-owned property exempted from 
privatization" of 28 July 2000 stipulates ten sphe res of activity exempted from privatization.  
These ten spheres exempted from priva tization include the following:   
− land (except for privately owned land under conditio ns stipulated by legislation), subsurface 
and water resources, flora and fauna;  
− natural environmental zones/parks under special protection;  
− military organizations and sites essential for national security;  
− main-line railroads and highways, as well as accompanying engineering structures, part of the 
international routes network or designed for defence purposes; navigable waterways, as well 
as lighthouses, navigation devices and seamarks that  ensured safety and regulated navigation;  
− mainline oil and gas pipelines, and interregi onal electricity networks of 220, 500 and 
1,150 kW;  
− water reservoirs and hydraulic works, water control pivots, dams and water barrages;  
− first-aid medical organizations operating in rura l areas, specialized medical centres (maternity 
welfare, radiological medicine, oncology, tube rculosis, HIV/AIDS and STD centres, blood 
banks, and mental asylums), organizations and cen tres acting as the sole provider of medical 
services in a given area;   WT/ACC/KAZ/67 
 Page 17 
 
 
  − social protection services, children's homes, orphanages, nursing homes, rest homes, as well 
as hospitals and health resorts for the disabled, the war veterans, children, and the elderly;  
− secondary education institutions; and  
− historic and cultural sites protected by the state 
Access of private investors to the spheres of ac tivity listed in the Decree No. 422 is governed by the 
legislation in the relevant sphere.   
With regard to the activity spheres, such as natura l environmental zones/parks; military organizations 
and sites; water reservoirs and hydraulic works; navigable waterways, light houses, navigation devices 
and seamarks; social protection services, incl uding orphanages, nursing homes and hospitals; 
secondary education institutions; historic and cultural sites, it should be noted that they are exempted 
from privatization due to the nature of state functions.  
They represent public goods and key part of th e state functions to provide basic public services, 
including defence, water safety, environment protec tion, sea navigation safety, social security, public 
health and public education services. These are basica lly the sectors where the market is not the most 
effective service provider (i.e., the so-called economic theory of "market failures").    
At the same time, increasing number of private businesses are competing with the state and between 
themselves by building and managing private secondary  schools, private hospitals, environmental and 
recreational parks, and so on.         
With regard to land ownership, according to Ar ticle 26 of the Land Code of the Republic of 
Kazakhstan No. 442 of 20 June 2003:  
− land used for defence and state security purposes,   
− land with engineering constructions and facilities used to protect state borders; 
− land occupied by natural parks protected by the state; 
− land occupied by state forestry resources; 
− land occupied by water resources (rivers, cha nnels, lakes, water reservoirs, inland waters, 
territorial waters), ice cubes, marshes, water facilities of interstate and republican 
significance, zones occupies by water protecti on facilities and sanitarian protection facilities 
for intake water system; 
− land  occupied by mainline railway networks and highways of common use; 
− land used for public purposes in settlements (cities,  rural areas), except for lands occupied by 
private industrial and non-industrial facilities, including residential buildings (structures, 
facilities) and their compounds, and lands inte nded for servicing buildings (structures, 
facilities); 
− land occupied by pastures and hay lands of common use; 
− land occupied by roads of common use, incl uding roads between villages and farms, and by 
roads used to access the la nds of common use; and 
− land occupied with irrigation facilities, in cluding channels, wells, chops, watering places, 
used by two or more land owners and land users. 
At the same time, land occupied by irrigation fac ilities and drainage systems of oblast or inter-rayon 
and rayon or inter-village/farm significance could be privately owned by citizens and legal entities of 
Kazakhstan as a result of privatization process.   
Based on Article 26 of the Land Code, land designated for development of natural parks; construction 
of mainline railway networks, highways of common  use, mainline pipeline networks; as well as for 
construction of buildings of administrative and so cial importance in accordance with approved by 
concerned local authorities architectural and city pl anning documents, including airports, railway and WT/ACC/KAZ/67 
Page 18 
 
 
  bus stations, roads of common use, administrative buildings for state bodies, public hospitals, public 
schools, public parks and boulevards, and other entities for public use, could be leased by the state to land users for other purposes on a temporary basis until the finalization of the master plans for 
constructions of the above me ntioned categories of buildings/entities.          
Pursuant to Article 23 of the Land Code, foreign citizens and juridical persons could privately own 
land plots, which are occupied by industrial an d non-industrial facilities, including residential 
buildings and facilities, and their compounds, and lands intended for servicing these buildings and 
facilities. They could not, however, own lands in tended for commercial agricultural production and 
forestry, their rights to these lands being limited to a ten year temporary land lease.   
In accordance with Article 37 of the Land Code, th e foreign citizens and legal entities may rent the 
land by the right of temporary land use for the period not exceeding ten years.  
Pursuant to Article 26 of the Land Code, it is prohibi ted to deny any natural person and legal entity to 
accord the state owned land which coul d be in private ownership in accord ance with the Land Code.     
With regard to main-line railroads and highway s, JSC "Kazakhstantemir zholy" under the national 
holding company "Samruk" is responsible for ma intenance and exploitation of the main railway 
network. According to the Law of the Republic of Kazakhstan No. 266 of 8 December 2001 "On Rail 
Transportation", mainline railway network represents  the entity of rail transportation for common use 
and as such shall not be subject to privatization.   
At the same time, those railway lines that are not pa rt of the main railway network serve as entities of 
private use and are in private ownership. Constr uction (reconstruction) as well as further exploitation 
of railway lines that are not part of the main railway network can be implemented based on the 
concession contracts with the state.  
The Actions Plan on Implementation of the Transp ort Strategy of the Republic of Kazakhstan till 
2015, approved by the Resolution of the Govern ment of Kazakhstan No. 377 of 10 May 2006, 
envisages private investments into construction an d exploitation of the number of railway sections. 
These sections will be transferred into operation of  private investors within  the framework of state-
private partnership (concession) agreements with the state.  
With regard to mainline oil and gas pipelin es, JSC "KazMunaiGas" under the national holding 
company "Samruk" owns the mainline oil and gas pipelines.  
KazMunaiGas occupies 65 per cent of transportation volume of crude oil in the market of Kazakhstan 
and owns the pipe-line "Atyrau-Samara".  
At the same time, the oil pipeline "Tengiz-N ovorossiysk" is owned by the Caspian Pipeline 
Consortium with shareholders such as the Gove rnments of Kazakhstan, Oman and Russia and 
multinational oil companies, including Chevron, Exon-M obil, Agip, British Gas, Lukoil, Rosneft, etc.  
The oil pipelines "Atasu-Alashangkou", "Kenkiyak- Аtyrau" are owned by the joint Kazakh-Chinese 
Pipeline Company in proportion at 50:50 per cent.  
Currently, the Government of Kaza khstan is considering constructi on of new oil and gas pipelines 
jointly with private domestic and foreign investors.  
With regard to interregional el ectricity networks,  JSC "KEGOC " under the national holding company 
"Samruk" owns the electric networks of in terregional level with voltage of 220, 500 и 1,150 kW.   WT/ACC/KAZ/67 
 Page 19 
 
 
  At the same time, most of regional electricity networ ks belong to private investors.  Only interregional  
electricity networks with voltage of more than 220 kW are exempted from privatization and belong to 
the JSC "KEGOC". 
The legislation of the Republic of Kazakhstan does not stipulate barriers for private investments into 
the abovementioned spheres of activities/services.  Private companies can work along with state 
enterprises and national companies in these fields.  
Enterprises operating in the spheres indicated in the Decree No. 422 are listed in the Annex of the 
Resolution of the Government No. 483 of 11 June  2007 in the List of national enterprises necessary 
for fulfilment of national objectives (please refer to  "List of republican state enterprises necessary for 
fulfilment of national objectives").  Resoluti on No. 483 of 11 June 2007 is available through 
document WT/ACC/KAZ/67/Add.1. 
Question 20 
What is the status of the Resolution of the Government of the Republic of Kazakhstan "On the 
List of State Property Exempted from Privatiz ation, including its Preliminary States, until  
2010"?   Please provide a translation of this resolution to the Working Party.   
Answer:  
In 2005, Government Resolution of the Republic of  Kazakhstan No.1587 of 24 October 2000 "On the 
List of State Property Exempted from Privatization" was expired.  
See also the answer to Question 8 above. 
Question 21 
We are pleased to see that Kazakhstan is eliminating its discriminatory railroad freight tariffs, 
as indicated in paragraph 71 of WT/ACC/SPEC/KAZ/ 9/Rev.1, and that it has already done so 
for crude oil, ferrous and non-ferrous metals and construction materials.  Will Kazakhstan 
commit to eliminating all differential railroad tariffs by 1 January 2008? 
Answer:  
Kazakhstan has unified the tariffs for main railway  networks for domestic and external routes for 
transportation of the following goods: ferrous meta l wastes, ferrous and non-ferrous metals and 
construction materials. 
Currently, Kazakhstan has been analyzing the possible impact of unification of tariff rates charged by 
main-line railway network for transportation of other goods by domestic, e xportation and importation 
routes on key macroeconomic indicators. Based on this analysis Kaza khstan will develop its 
commitment and determine whether the transitiona l period for full unification of main line railway 
tariffs is needed.     
- Pricing Policies 
Question 22 Please confirm that upon accession the Government  of Kazakhstan will, in regulating prices, 
ensure that State Owned Enterprises and natural monopolies in Kazakhstan, in respect of their 
supplies of goods to industrial users, will recover th eir costs (including a reasonable profit), in 
the ordinary course of their business.  Please also  confirm that the application of price controls WT/ACC/KAZ/67 
Page 20 
 
 
  on goods and services will be in a manner co nsistent with WTO obligations, including 
Article III:9 of GATT 1994, and that price contro ls will not be used for purposes of affording 
protection to domestic industries or service providers. 
Answer:  
According to the Law of the RK No. 272 "On Natura l Monopolies" of 9 July 1998 the Agency of the 
Republic of Kazakhstan on Regulation of Natura l Monopolies regulates tariff rates for services 
rendered by natural monopolies. 
Pursuant to Article 15 of this Law Kazakhstan the maximum level at which tariffs were set by the 
authorized body, as well as any tariff rate changes, have to cover for the production cost of services 
rendered by natural monopolies and the profit marg in required for effectiv e operation of natural 
monopolies. 
Kazakhstan is currently consideri ng to make the following commitment: 
[["Kazakhstan confirms that upon accession the Governme nt of Kazakhstan will, in regulating tariff 
rates for services rendered by natural monopolies, ensu re that natural monopolies, in respect of their 
supplies of services to consumers, would recover their costs (including a reasonable profit), in the 
ordinary course of their business."]] 
As for state owned enterprises, they operate on comme rcial basis and their profit is not regulated by 
the state.   
Kazakhstan is currently consideri ng to make the following commitment: 
[["Kazakhstan confirms that from the date of ac cession Kazakhstan would apply the minimum prices 
and price control on products and services, containe d in Table […], and any that are introduced or re-
introduced in the future, in a WTO consistent fash ion, and take account of the interests of exporting 
WTO Members as provided for in Article III:9 of the GATT 1994. Kazakhstan also will publish the 
list of goods and services subject to State price control in the Official Gazette."]] 
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES 
Question 23 
Could Kazakhstan please update the Working Party on  the current state of legislation needed to 
implement its WTO commitments?  We would also appreciate your views on how the onward legislative strategy is progressing, and when we can expect to see the new legislation for review.   
Answer:
 
During 2006-2008, with the objective to bring le gislation of Kazakhstan into compliance with 
provisions of the WTO Agreements, Kazakhsta n adopted the following legislative acts: 
I. In order to align the national legislatio n with the WTO Agreement on Application of 
Sanitary and Phytosanitary Measures,  Kazakhstan adopted the following: 
1.   Law of the Republic of Kazakhstan No. 171 of 7 July 2006, which made amendments to the 
Law No. 361 "On Sanitary-Epidemiological We lfare of Population" of 4 December 2002 
providing the following:  WT/ACC/KAZ/67 
 Page 21 
 
 
  − introduction of the term "risk assessment " - a research-based probability assessment 
for the entry and spread of agents or vector s of infectious and parasitic diseases, as 
well as production and importation of goods hazardous for human health due to 
chemical, microbiological, radiological contamination including epidemiological/preventive actions that could be applied an d related potential 
medical, biological and economic implications, carried by the sanitary-
epidemiological service; 
− recognition of sanitary-epidemiological me asures of other countries as equivalent 
provided that they ensure appropriate leve ls of sanitary-epidemiological safety within 
the territory of the country; 
− identification of disease-free areas or their pa rts or territories with low risk of disease 
spread; 
− improvement of regulatory legal acts for the purposes of harmonizing with 
international standards;    
− conducting risk assessment; 
− approval of unified methodology for authorized organizations to carry out risk 
assessment, as well as risk  assessment procedures taking into account internationally 
accepted risk assessment methods.  
2.  The Law "On Food Safety" was adopted on 21 July 2007 and enacted as of 1 January 2008.   The Law establishes legal basis fo r ensuring food safety for the purposes of protection of human 
health and life, legitimate consumer in terests on the territory of Kazakhstan. 
The main objective of the Law is to bring the legi slation of Kazakhstan in the sphere of food safety 
with the international practice, creation of re gulatory framework for development and practical 
implementation of mandatory requirements to foods tuff subject to state sanitary-epidemiological, 
veterinary and phytosanitary control. 
In addition, the Law is aimed at: 
− creation of conditions for ensuring food safety for human health and life as well as protection 
of consumer interests; 
− establishment of procedures for implementati on of mandatory requirements to food safety; 
− division of competences between the government  bodies with respect to regulation of food 
safety issues; and 
− removal of technical and administrative barriers. 
In accordance with the WTO Agreement on SPS m easures, the Law of Kazakhstan on Food Safety 
contains the following provisions: 
− a definition of the " risk assessment" was introduced; 
− scientific information, appropriate methods of processing and production, inspection methods, 
sampling, laboratory testing, proliferation extent  of concrete diseases, presence of disease-free 
zones  shall be taken into acc ount when conducting risk assessment; 
− in cases when risk analysis and assessment id entifies the likelihood of harmful impact to 
human health and life, however the available scientific data is not sufficient  to determine its extent, then authorized bodies have the right to take temporary measures on risk management; 
− temporary measures on risk management shall be revised within minimum period of time, 
needed for obtaining scientific data , clarifying the risk extent; and 
− turnover of GMOs and biologically active a dditives to food are allowed after scientific 
confirmation of its safety.  WT/ACC/KAZ/67 
Page 22 
 
 
  3.  In addition, the following amendments are pl anned to be made to the Law of the Republic of 
Kazakhstan "On Veterinary": 
− When assessing the equivalence of veterinary- sanitary measures in th e territory of an 
administrative-territorial unit, scientific data, study results (including laboratory tests), monitoring of specific diseases and zones shall be taken into account; and 
− Kazakhstan acknowledges veterinary-sanita ry measures of other countries as 
equivalent, if: 
 a)  foreign veterinary-sanitary measure s comply with international standards, 
recommendations; 
 b)  exporting country ensure appropriate  level of veterinary-sanitary safety of 
territory of the Republic of Kazakhstan from entry and spread of infectious 
animal diseases. 
II.  In order to align the national legislatio n with the Agreement on Technical Barriers to 
Trade, Kazakhstan adopted the following legal acts: 
1.  The Law No. 209 "On Amendm ents and Addenda to Certain Le gislative Acts of the Republic 
of Kazakhstan on Issues of Technical Regulating" of 29 December 2006 introduced 
amendments into the 33 laws of the Republic of  Kazakhstan.  The amendments made clearly 
stipulate division of authority between govern ment bodies in development and approval of 
technical regulation.  The amendments were  made into the following legislation: 
− "On Transport of the Republic of Kazakhstan"; 
− "On Oil"; 
− "On the Use of Air Space and Aviation Activities in the Republic of Kazakhstan"; 
− "On Subsurface and Surface Use"; 
− "On Emergency Situations of Na tural and Technogenic Origin"; 
− "On Road Traffic Safety"; 
− "On Fire Safety"; 
− "On Environmental Protection"; 
− "On Regulatory Legal Acts"; 
− "On Radiation Safety of Population"; 
− "On Narcotic Drugs, Psychotropic Substances, Precursors and Measures of 
Counteracting their Illegal Circulation and Abuse"; 
− "On State Supervision of Circulation of Certain Types of Arms"; 
− "On Ensuring of the Uniformity of Measurements"; 
− "On Grain"; 
− "On Architectural, Town Building and Construction Activities in the Republic of 
Kazakhstan"; 
− "On Motor Roads"; 
− "On the Railway Transport"; 
− "On State Regulation of Civil Aviation"; 
− "On Merchant Navigation"; 
− "On the Atmospheric Air Protection"; 
− "On Industrial Safety at Dangerous Industrial Objects"; 
− "On Plants Protection"; 
− "On Veterinary"; 
− "On Seed Production"; 
− "On the State Regulation of Production and Distribution of Certain Types of 
Petroleum Products";  WT/ACC/KAZ/67 
 Page 23 
 
 
  − "On the Health Care System"; 
− "On Automobile Transport"; 
− "On Work Safety and Labour Protection"; 
− "On Communications"; 
− "On Inland Water Transport"; 
− "On Medicine"; 
− "On Electric Power Industry"; and 
− "On Technical Regulating". 
2.  The Law of the Republic of Kazakhstan No . 302 "On Safety of Chemical Products" of 
21 July 2007 established a legal framework for en suring the safety of chemical products at its 
development, production, application, storage,  labelling, transportation, realization and 
utilization stages with the purpose to protect safe ty of human life and health, and environment 
within the Republic of Kazakhstan. 
3.  The Law of the Republic of Kazakhstan No. 305 "On Safety of Machinery and Equipment" of 
21 July 2007 established a legal basis for re gulation of development, application and 
implementation of safety requirements to mach inery and equipment, processes of their life 
cycle with the objective to guarantee protection of human life and health, and environment.  
4.  The Law of the Republic of Kazakhstan No. 306 "On Toys Safety" of 21 July 2007 established 
a legal basis for regulation of development, a pplication, implementation and control of safety 
requirements in the area of toys safety with the objective to guarantee protection of human life and health, and environment.  
5.  With the objective to ensure  the recognition of domestic bodies responsible for conformity 
assessment and laboratories at the internationa l level, the following draft Laws of the 
Republic of Kazakhstan have been  developed and are being considered by the Majilis (Lower 
Chamber) of the Parliament of the RK: 
− "On Accreditation in the Field of Conformity Assessment"; 
− "On Amendments and Addenda in Certain Legislative Acts on the Issues of 
Accreditation". 
The above legal acts are aimed at building a lega l framework for accreditation and harmonization of 
the legislation of Kazakhstan with the legislation of developed count ries with the purpose to facilitate 
the prompt accession of Kazakhstan to the Intern ational Accreditation Fo rum and International 
Laboratory on Accreditation and Cooperation.  
III.  In addition, the following technical regul ations were approved by  Resolutions of the 
Government of the Republic of Kazakhstan:  
− Resolution of the Government of the Repub lic of Kazakhstan No. 337 "On Approval of 
Technical Regulation "Requirement for Safety of Grain" of 8 April 2008; 
− Resolution of the Government of the Repub lic of Kazakhstan No. 336 "On Approval of 
Technical Regulation "Requirement for Safety of  Meat and Meat Products " of 8 April 2008; 
− Resolution of the Government of the Repub lic of Kazakhstan No. 307 "On Approval of 
Technical Regulation "Requirement for Safety  of Automobile Road Engineering" of 
31 March 2008; 
− Resolution of the Government of the Repub lic of Kazakhstan No. 294 "On Approval of 
Technical Regulation "Requirement for Safety  of Automobile Road Exploitation" of 
27 March 2008; 
− Resolution of the Government of the Repub lic of Kazakhstan No. 277 "On Approval of 
Technical Regulation "Requirement for P ackaging, Marking, Labeling and Correct 
Application to a Product" of 21 March 2008; WT/ACC/KAZ/67 
Page 24 
 
 
  − Resolution of the Government of the Repub lic of Kazakhstan No. 263 "On Approval of 
Technical Regulation "Requirement for Sa fety of Feed and Feed Additives" of 
18 March 2008; 
− Resolution of the Government of the Repub lic of Kazakhstan No. 230 "On Approval of 
Technical Regulation "Requirement for Safety of Milk and Milk Products" of 11 March 2008; 
− Resolution of the Government of the Repub lic of Kazakhstan No. 227 "On Approval of 
Technical Regulation "Requirement for Safety of Buildings, Facilities and Adjacent Territories" of 6 March 2008; 
− Resolution of the Government of the Repub lic of Kazakhstan No. 217 "On Approval of 
Technical Regulation "Requirement for Safety  of Synthetic Cleansing Means and Household 
Chemical Goods" of 4 March 2008; 
− Resolution of the Government of the Repub lic of Kazakhstan No. 201 "On Approval of 
Technical Regulation " Requirement for Safety of   Goods and Products for Children Use " of 
27 February 2008; 
− Resolution of the Government of the Repub lic of Kazakhstan No. 199 "On Approval of 
Technical Regulation " Juice and Juice Products" of 27 February 2008; 
− Resolution of the Government of the Repub lic of Kazakhstan No. 159 "On Approval of 
Technical Regulation "Requirement for Safe ty of Perfume and Cosmetic Products" of 
19 February 2008; 
− Resolution of the Government of the Repub lic of Kazakhstan No . 96 "On Approval of 
Technical Regulation "Requirement for Safe ty of Building Materials, Products and 
Construction" of 4 February 2008; 
− Resolution of the Government of the Repub lic of Kazakhstan No . 90 "On Approval of 
Technical Regulation "Conformity Recogn ition Procedure" of 4 February 2008; 
− Resolution of the Government of the Repub lic of Kazakhstan No. 1398 "On Approval of 
Technical Regulation "Requirement for Safety of Varnish-And-Paint Ma terials and Diluents" 
of 29 December 2008; 
− Resolution of the Government of the Repub lic of Kazakhstan No. 1372 "On Approval of 
Technical Regulation on Requirement to Pollution of Autotransport in the Territory of 
Kazakhstan" of 29 December 2008; and 
− Resolution of the Government of the Repub lic of Kazakhstan No. 1232 "On Approval of 
Technical Regulation on "Requirement on Emissions at Incineration of Different Types Fuel in the Boilers of Electric Power Stations" of 14 December 2008. 
IV.  In order to bring the national legislation into compliance with the provisions of the 
WTO Agreement on Custom Evaluation Kazakhstan adopted the Law of the Republic of Kazakhstan No. 211 of 8 January 200 7 "On Amendments and Addenda to the 
Customs Code of the Republic of Kazakhsta n" introducing the following provisions: 
The requirement to pay the double import duty ra te for imported goods of unknown origin was 
eliminated. 
Customs authorities were authorized to take pre liminary decision on the country of origin at the 
request of the participant of foreign economic activ ity before trade in goods took place provided that 
all the necessary information on this good has been submitted.  
Preliminary decisions applied to both prefer ential and non-preferential rules of origin. 
Customs value of imported goods were defined according to the general principles of customs 
valuation of the Agreement on Implementation of Article VII of General Agreement on Tariffs and 
Trade.  WT/ACC/KAZ/67 
 Page 25 
 
 
  V.  In order to bring the national legislation into compliance with the provisions of the 
WTO Agreement on Import Licensing Procedu res, the provisions on automatic licensing  
were introduced by the Law of the RK No . 214 "On Licensing" of 11 January 2007. 
According to the Law, the list of goods subject to automatic import licensing 
requirement and licence issuance procedures sh all be defined by the Government of the 
Republic of Kazakhstan. 
VI.  The Law of the Republic of Kazakhsta n of 11 December 2006 No. 204 "On Amendments 
to the Law of the Republic of Kazakhstan "On Architectural, Town-Building and Construction Activity in the Republic of Kazakhstan" contains the provision which 
eliminates the 49 per cent restriction on foreign participation in the charter capital of 
joint ventures operating in the sphere of architecture, urban development and construction services. 
VII.   With the purpose to increase operating e fficiency of special economic areas as well as to 
systematize their establishment and placem ent matters, new Law of the Republic of 
Kazakhstan No. 274 was adopted on 6 July 2007 "On Special Economic Areas in the 
Republic of Kazakhstan", which had invalidated the Law of the Republic of Kazakhstan 
No. 2823 "On Special Economic Areas in the Republic of Kazakhstan" of 26 January 1996.  According to the new Law, SEAs can be established for the period up 
to 25 years. The Ministry of Industry and Trade of the RK is the authorized body responsible for state regulation of SEAs.  
In conclusion it should be noted that the Govern ment of Kazakhstan is committed to continue its 
efforts aimed at creation of transparent and predicta ble legislative framework that will facilitate use of 
internationally recognized technical regulations a nd standards by businesses operating in Kazakhstan, 
simplify and improve trade and investment clim ate in the country and enhance Kazakhstan's 
integration into the world economy. 
IV. POLICIES AFFECTING TRADE IN GOODS  - Trading Rights Question 24 This section of the Working Party report needs a significant amount of work to clarify 
Kazakhstan's regime on the right to import  into and export from Kazakhstan.   
In the 9th Working Party meeting, Kazakhstan confirmed that foreign individuals or firms 
without a commercial presence in Kazakhstan cannot "do customs clearance." 
Please confirm our understanding that the ability to "do customs clearance" is equivalent to 
being "importer of record".   
Answer:
 
Customs legislation of the Republic of Kazakhstan does not contain the term "importer of record", 
which, based on the US legislation, could be  defined as the exporter who is entitled without 
establishing commercial presence in the country of importation to proceed with customs clearance procedures.  
Pursuant to Article 374 of the Customs Code of the Republic of Kazakhstan, the following persons 
may act as declarants and proceed with customs clearance: WT/ACC/KAZ/67 
Page 26 
 
 
  − Kazakh person/citizen of the Republic of Kaza khstan; stateless person, who has permanent 
residence in the Republic of Kazakhstan, individua l entrepreneur registered in the Republic of 
Kazakhstan in accordance with the legislati on of the Republic of Kazakhstan, as well as a 
legal person established in compliance with the legislation of the Republic of Kazakhstan. 
− foreign natural person (when c onveying goods under simplified or preferential procedures); 
− foreign person who enjoys privileges with rega rd to customs payments in compliance with 
Chapter 36 of the Customs Code, i.e., diplomatic missions; and 
− representative offices of foreign organizations re gistered on the territory of the Republic of 
Kazakhstan in compliance with the establishe d procedures, when declaring the customs 
regimes for temporary import, transit and release into free circulation for goods imported for 
the needs of such representative offices. 
Thus, according to the Customs Code, foreign persons ca nnot act as declarants.  This is due to the fact 
that at least one part of the import transaction must be under jurisdiction of Kazakhstan to bear responsibility for declared goods, including, customs payments and taxes.  
It should be noted, that from 20 September 2004, in accordance with the Law of the Republic of 
Kazaakhstan No. 537 "On Amendments and Addenda to  Legal Acts of the Republic of Kazakhstan on 
State Registration of Juridical Persons" of 18 March 2004, the system of state registration of juridical 
persons of the Republic of Kazakhstan has been significantly simplified.  
In accordance with the previous regime of regi stration of juridical persons, their branches and 
representative offices, the applicant had to submit th e same package of documents to three different 
state bodies, including justice authority, tax authority and statistics authority. Within the framework of 
the simplified regime, the applicant should appl y and receive the necessary three certificates from 
justice authorities based on the principle of "one window (or one-stop shop)". 
Registration procedure takes place in ten days and registered juridical person receives three 
documents: 
− certificate on state registration as juridical person; 
− certificate of tax payer; and 
− statistical card on inclusion into the State Statistical Register. 
As stipulated in Article 7 of the Customs Code , foreign companies without commercial presence in 
Kazakhstan could represent their interests at cust oms clearance through a customs broker (sub point 
4).  
In accordance with Article 395 of the Customs Code , customs broker's activity shall mean performing 
actions related to customs clearance, preliminar y operations and execution of other intermediary 
functions in the sphere of customs activity, on hi s/her own behalf, at the expense of and based upon 
the instruction of the person he/she represents. 
The following shall constitute the functions of the customs broker: 
− declaration of goods and means of transport; 
− submission to the customs authority of docum ents and supplementary  data required for 
customs purposes; 
− presenting declared goods and means of transport to the customs authority; 
− securing payment of customs payments and taxes s tipulated by the customs and tax legislation 
of the Republic of Kazakhstan with respect to the declared goods and means of transport; and 
− performing the actions required for customs cl earance and customs control purposes, as the 
person authorized with respect to the declared goods and means of transport.  WT/ACC/KAZ/67 
 Page 27 
 
 
  Relations between the customs broker and the person whom he/she represents in compliance with this 
Code and other legislative acts of the Repub lic of Kazakhstan shall be based upon a written 
agreement.  Pursuant to Article 399 of the Custom s Code, the customs broker shall bear responsibility 
for the payment of customs payments and taxes prio r to or simultaneously with the filing of the 
customs declaration in accordance with the cont ract signed between the customs broker and the 
foreign person represented by the customs broker. 
It must be mentioned that goods declared by th e customs broker remain under custody of the exporter 
(foreign person) until they are transferred to the purchaser or distributor in the Republic of Kazakhstan.  This means that exporter controls th e goods until completion of the customs clearance at 
the customs post, through which goods are impor ted into the territory of Kazakhstan.  
Question 25 
The trading rights section of the report remains a key issue.  We encourage Kazakhstan to 
recognize the concept of independent rights to import - separate from any need to establish commercial presence, investment, production or resi dency in Kazakhstan.  We do not object to 
the imposition of a ‘registration' requirement  on importation and exportation, but such 
requirements should not be made contingent on whether an individual or enterprises has 
commercial presence in the mark et.  Furthermore the right of importation should exist for 
foreign firms without the need for "civ il contracts" with Kazakh partners.   
Answer:
 
Pursuant to Article 374 of the Customs Code of the Republic of Kazakhstan, the following persons 
may act as declarants and proceed with customs clearance: 
− Kazakh person/citizen of the Republic of Kaza khstan; stateless person, who has permanent 
residence in the Republic of Kazakhstan, individua l entrepreneur registered in the Republic of 
Kazakhstan in accordance with the legislati on of the Republic of Kazakhstan, as well as a 
legal person established in compliance with the legislation of the Republic of Kazakhstan; 
− foreign natural person (when c onveying goods under simplified or preferential procedures); 
− foreign person who enjoys privileges with rega rd to customs payments in compliance with 
Chapter 36 of the Customs Code, i.e., diplomatic missions; and 
− representative offices of foreign organizations re gistered on the territory of the Republic of 
Kazakhstan in compliance with the establishe d procedures, when declaring the customs 
regimes for temporary import, transit and release into free circulation for goods imported for 
the needs of such representative offices. 
Thus, according to the Customs Code, foreign persons may not act as declarants.  This is due to the 
fact that at least one part of the import transacti on must be under jurisdiction of Kazakhstan to bear 
responsibility for declared goods, including, customs payments and taxes.  
It should be noted, that as of 20 September 2004, in accordance with the Law of the Republic of 
Kazakhstan No. 537 "On Amendments and Addenda to Legal Acts of the Republic of Kazakhstan on 
State Registration of Juridical Persons" of 18 March 2004, the system of state registration of juridical 
persons of the Republic of Kazakhstan has been significantly simplified.  
In accordance with the previous regime of regi stration of juridical persons, their branches and 
representative offices, the applicant had to submit th e same package of documents to three different 
state bodies, including justice authority, tax authority and statistics authority.  Within the framework 
of the simplified regime, the applicant should ap ply and receive the necessary three certificates from 
justice authorities based on the principle of "one window (or one-stop shop)". WT/ACC/KAZ/67 
Page 28 
 
 
  Registration procedure takes place in ten days and registered juridical person receives three 
documents: 
− certificate on state registration as juridical person; 
− certificate of tax payer; and 
− statistical card on inclusion into the State Statistical Register. 
As stipulated in Article 7 of the Customs Code , foreign companies without commercial presence in 
Kazakhstan could represent their interests at customs clearance through a customs broker (sub-point 4).  
In accordance with Article 395 of the Customs Code , customs broker's activity shall mean performing 
actions related to customs clearance, preliminar y operations and execution of other intermediary 
functions in the sphere of customs activity, on hi s/her own behalf, at the expense of and based upon 
the instruction of the person he/she represents. 
The following shall constitute the functions of the customs broker: 
− declaration of goods and means of transport; 
− submission to the customs authority of docum ents and supplementary  data required for 
customs purposes; 
− presenting declared goods and means of transport to the customs authority; 
− securing payment of customs payments and taxes s tipulated by the customs and tax legislation 
of the Republic of Kazakhstan with respect to the declared goods and means of transport; and 
− performing the actions required for customs cl earance and customs control purposes, as the 
person authorized with respect to the declared goods and means of transport. 
Relations between the customs broker and the person, whom he/she represents in compliance with this 
Code and other legislative acts of the Republic  of Kazakhstan, shall be based upon a written 
agreement. Pursuant to Article 399 of the Custom s Code, the customs broker shall bear responsibility 
for the payment of customs payments and taxes pr ior to or simultaneously with the filing of the 
customs declaration in accordance with the cont ract signed between the customs broker and the 
foreign person represented by the customs broker. 
It must be mentioned that goods declared by th e customs broker remain under custody of the exporter 
(foreign person) until they are transferred to the purchaser or distributor in the Republic of 
Kazakhstan. This means that expor ter controls the goods until completion of the customs clearance at 
the customs post, through which goods are impor ted into the territory of Kazakhstan.  
The fee for using customs brokers in Kazakhs tan ranges from approximately US$30 to US$100.  
Most traders, including both residents and non-residents, increasingly use customs brokers for clearing goods. 
Question 26 
Please describe in detail Kazakhstan's regime gov erning who can import into or export from 
Kazakhstan.   
Answer:
 
Pursuant to Article 8 of the Customs Code of Kaza khstan, all persons shall have an equal right to 
import to the Republic of Kazakhstan, export from th e Republic of Kazakhstan and transit through the 
territory of the Republic of Kaza khstan goods and means of transport, except for cases stipulated by 
the Customs Code and  international agreemen ts ratified by the Republic of Kazakhstan.  WT/ACC/KAZ/67 
 Page 29 
 
 
  Pursuant to Article 7 of the Customs Code and Ar ticle 10 of the Tax Code, a person is a natural or 
juridical person. 
Pursuant to Article 12 of the Civil Code of the Re public of Kazakhstan, natural persons are defined as 
citizens of the Republic of Kazakhstan, citizen s of other countries and also stateless persons. 
Pursuant to Article 10 of the Tax Code: 
− a natural person - a citizen of the Republic of Kazakhstan, a citizen of the foreign country, 
stateless persons; and 
− a juridical person is an organization established in accordance with the legislation of the 
Republic of Kazakhstan or of the fore ign country (foreign juridical person). 
Therefore, all persons - residents and non-residents of the Republic of Kazakhs tan - can import into or 
export from Kazakhstan. 
Question 27 What is Kazakhstan's rationale for requiring a do mestic presence in order to import goods?  
Answer:
 
Kazakhstan does not require a domestic presence in  Kazakhstan in order to import goods since all 
persons - residents and non-residents of the Repub lic of Kazakhstan - can import into Kazakhstan or 
export from Kazakhstan. 
As for the customs clearance of goods, pursuant to Article 374 of the Customs Code, foreign persons 
(with the exceptions stipulated earlier) cannot act  as declarants since the declarant shall bear 
responsibility for declared goods, in particular, for customs payments and ta xes (Article 377 of the 
Customs Code of the RK) and such responsib ility of foreign person  cannot be defined. 
Question 28 
What is the statutory authority governing who can request customs clearance?   Answer:
 
Pursuant to Article 372 of the Customs Code of  Kazakhstan, goods shall be subject to customs 
declaration in the customs author ity when crossing the customs border of the Republic of Kazakhstan 
or when changing customs regimes, except in cases of transfer of goods into state ownership under a 
court decision. 
In accordance with Article 374 of the Customs C ode, the following persons may act as declarants: 
− Kazakh persons; 
− foreign natural persons (when conveying goods under simplifie d or preferential procedures); 
− foreign persons who enjoy privileges with rega rd to customs payments in compliance with 
Chapter 36 of the Customs Code (diplomatic missions); or 
− representative offices of foreign organizations, re gistered on the territory of the Republic of 
Kazakhstan in compliance with the establishe d procedures, when declaring the customs 
regimes for temporary import, transit and release into free circulation for goods imported for 
the needs of such representative offices. WT/ACC/KAZ/67 
Page 30 
 
 
  Question 29 
Paragraph 96 of document WT/ACC/SPEC/KAZ/9/Rev.1 suggests that foreign firms without a 
physical presence could "engage in import/export activities" provided that they have a contract 
with Kazakh entities.   
Does this mean that such firms could be "importe rs of record" if they had a contract indicating 
to whom they were transferring the good s once they had cleared customs?   
If not, please explain what is meant by "engag[ing] in import/export activities"?  If so, what is the rationale for requiring a cont ract with a Kazakh partner as a condition of the 
right to import?   
Answer:
 
Pursuant to Article 8 of the Customs Code of Kaza khstan, all persons shall have an equal right to 
import to the Republic of Kazakhstan, export from th e Republic of Kazakhstan and transit through the 
territory of the Republic of Kaza khstan goods and means of transport, except for cases stipulated by 
the Customs Code and  international agreemen ts ratified by the Republic of Kazakhstan. 
To export goods to Kazakhstan, foreign persons do not necessarily need to register, establish 
commercial presence, investment, production or residenc y in Kazakhstan; or enter into contract with 
Kazakh entities.  
As for the customs clearance of goods, in the case of purchase and sale contract between foreign and 
Kazakh persons, all obligations on  release of goods shall rest upon Kazakh person, who is responsible 
for customs clearance.  
If there is no contract with Kazakh partner, foreign companies without commercial presence in 
Kazakhstan could represent their interests at cust oms clearance through a customs broker (sub point 4 
of Article 7 of the Customs Code of the RK).  The customs broker declares goods, i.e. customs 
clearance is carried out by the customs broker on th e basis of a contract with the foreign company 
(Article 395). 
The fee for using customs brokers in Kazakhs tan ranges from approximately US$30 to US$100.  
Most traders, including both residents and non-residents, increasingly use customs brokers for clearing goods. 
Question 30 We note that importation of certain products is conditioned on obtaining an activity licence 
relating to those products.  Please confirm th at, as required by GATT Article III, activity 
licenses for products set out in Annex 8(a) of WT/ACC/SPEC/KAZ/9/Rev.1 are required equally for the sale of the domestically-produced like pr oducts, and that these domestic products must 
meet the same requirements (e.g., storage, cons umer safety, sanitary) as imported products. 
Answer:
 
Kazakhstan confirms that, as required by GATT Ar ticle III, activity licenses for the aforementioned 
products are required equally for the sale of the dom estically-produced like products, and that these 
domestic products must meet the same requirement s (e.g., storage, consumer safety, sanitary) as 
imported products.  WT/ACC/KAZ/67 
 Page 31 
 
 
  In particular, according to paragraph 2 of Artic le 9 of the Law No. 429 "On State Regulating of 
Production and Turnover of Ethyl Spirit and Alcoho lic Beverages" of 16 July 1999, the following are 
prohibited: 
− sale of alcohol beverages without certificates (and marks) of conformity; 
− storage with the purpose of sale and sale of alcohol beverages (wine material and beer) 
without control marks; 
− sale of ethyl spirit and alcohol beverages not complying to the certain standards and/or 
exceeding maximum permissible concentration of toxic substances; 
− sale of alcohol beverages after the expiry date; 
− sale of alcohol beverages in tin containers (e xcept for wine material, beer, and less then 
12 per cent low-proof liqueur), bottles wi thout labels and plastic containers; 
− retail sale of alcohol beverages in dirty, deform bottles, bottle with signs of breakage, 
damaged capping, dimming, foreign substances, crust (besides  collection wines); and 
− sale of alcohol beverages without marking. 
Question 31 
With respect to the activity licenses on alcohol, please explain the requirements on 
"drives/entrances" and "communication sy stems", referenced in paragraph 102 of 
WT/ACC/SPEC/KAZ/9/Rev.1.   
Answer:  
According to Government Resolution No. 731 of 23  August 2007 "On Approval of the Regulations on 
Licensing and Qualification Requirements for Storag e, Wholesale and/or Retail of Alcohol Beverages 
except for Storage, Wholesale and/or Retail of Alcohol Beverages at the Territory of their 
Production", the following is required to obtain a licence for storage and wholesale of alcohol 
beverages (except for storage and wholesale of al cohol beverages in the place of their production): 
Automobile and/or railway entrance ("entrances/dr ives") to specialized storage premise.  This 
requirement is to ensure public safety when loading and unloading at the storage facility. 
Communication systems, including cold water supply, sewerage system, heating systems, electricity, 
ventilation, fire protection means, fire alarm system (fire safety). This requirement is to ensure that 
the storage facility is adequately eq uipped for ensuring public safety. 
Question 32 
Why is the right to import alcohol conditioned on obtaining an activity licence not only for the 
sale of alcohol, but more specifically, for the production, storage, or wholesale of alcoholic 
beverages?    
Answer:  
The current licensing regime related to alcohol is regulated in the following way: 
− Article 36 of the Law of the RK No. 214 "On Licensing" of 11 January 2007 requires activity 
licensing in order to import ethyl spirit and alcohol beverages; 
− Article 10.1 of the Law No. 429 " On State Re gulating of Production and Turnover of Ethyl 
Spirit and Alcoholic Beverages" of  16 July 1999 requires the following: 
− In order to obtain an import licence for ethy l spirit, a licence for production of alcohol 
beverages (using ethyl spirit) is required; WT/ACC/KAZ/67 
Page 32 
 
 
  − In order to obtain import licence for wi ne materials, a licence for production of 
alcohol beverages (using wine materials) is required; and 
− In order to obtain import licence for alcohol beverages, a licence for production or for 
storage and wholesale distribution of alcohol beverages (except for beer) is required. 
With the purpose to simplify the licensing procedures, the Government of Kazakhstan is planning to 
amend the Law of the Republic of Kazakhstan "On Licensing" and exclude importation of ethyl spirit 
and alcohol beverages from the list of activities subject to licensing.  Therefore, not the importation of alcohol as an activity, but goods, such as ethyl spirit , wine materials and alcohol beverages, will be 
subject to import licensing.  
At the same time it is important for the Government of Kazakhstan to maintain  the currently applied 
regulation on importation of ethyl alcohol and wine mate rials.  The elimination of the prerequisite to 
obtain activity licence for the production of alcoholic  beverages could result in the emergence of a 
"grey" market for imported products .  This could negatively affect both human health and state budget 
due to potential problems with collection of tax es on alcohol beverages that are produced using 
imported ethyl alcohol and wine materials.   
As for alcohol beverages (other than beer), the activity licence is necessary because alcohol beverages 
(other than beer) are subject to a set of qualifi cation requirements.  An activity licence for production 
of alcohol is required in order to obtain an import licence for alcohol beverag es due to the fact that 
alcohol beverages are not always imported in bottles, but also in containers. In such cases,  possession of the production licence makes sure that the im porter has the production facilities where they place 
alcohol into bottles, which meet the necessary sanita rian and other safety related requirements.  
An activity licence for storage and wholesale distri bution required in order to obtain import licence 
for alcohol beverages is called to ensure that importer meets the requirements necessary for storage 
and wholesale of alcohol beverages.  
Question 33 
On the question of activity licences (paragraph 101 ), we see no WTO justification for requiring 
an activity licence in order to be an import er.  The right of importation should exist 
independently of any subsequent use of the impo rt or production.  We respect Kazakhstan's 
concerns about national security and health/safet y, but these can be managed by the application 
of an import licence only.  The requirement of an activity licence, once again, would condition the right to import upon having some form of  commercial presence in the Kazakh market.   
Answer:
 
The current licensing regime related to alcohol is regulated in the following way: 
− Article 36 of the Law of the RK No. 214 "On Licensing" of 11 January 2007 requires activity 
licensing in order to import ethyl spirit and alcohol beverages; 
− Article 10.1 of the Law No. 429 "On State Re gulating of Production and Turnover of Ethyl 
Spirit and Alcoholic Beverages" of  16 July 1999 requires the following: 
− In order to obtain an import licence for ethy l spirit, a licence for production of alcohol 
beverages (using ethyl spirit) is required; 
− In order to obtain import licence for wi ne materials, a licence for production of 
alcohol beverages (using wine materials) is required; and 
− In order to obtain import licence for alcohol beverages, a licence for production or for 
storage and wholesale distribution of alcohol beverages (except for beer) is required.  WT/ACC/KAZ/67 
 Page 33 
 
 
  With the purpose to simplify the licensing procedures, the Government of Kazakhstan is planning to 
amend the Law of the Republic of Kazakhstan "On Licensing" and exclude importation of ethyl spirit 
and alcohol beverages from the list of activities subject to licensing.  Therefore, not the importation of alcohol as an activity, but goods, such as ethyl spirit , wine materials and alcohol beverages, will be 
subject to import licensing.  
At the same time it is important for the Government of Kazakhstan to maintain  the currently applied 
regulation on importation of ethyl alcohol and wine mate rials.  The elimination of the prerequisite to 
obtain activity licence for the production of alcoholic  beverages could result in the emergence of a 
"grey" market for imported products .  This could negatively affect both human health and state budget 
due to potential problems with collection of tax es on alcohol beverages that are produced using 
imported ethyl alcohol and wine materials.   
As for alcohol beverages (other than beer), the activity licence is necessary because alcohol beverages 
(other than beer) are subject to a set of qualifi cation requirements.  An activity licence for production 
of alcohol is required in order to obtain an import licence for alcohol beverag es due to the fact that 
alcohol beverages are not always imported in bottl es, but also in containers.  In such cases,  
possession of the production licence makes sure that  the importer has the production facilities where 
they place alcohol into bottles, which meet th e necessary sanitarian and other safety related 
requirements.  
An activity licence for storage and wholesale distri bution required in order to obtain import licence 
for alcohol beverages is called to ensure that importer meets the requirements necessary for storage 
and wholesale of alcohol beverages.  
Question 34 
Paragraph 97 of WT/ACC/SPEC/KAZ/9/Rev.1, describing the process for state registration and 
re-registration, notes that "unless otherwise provi ded by international treaties, juridical persons 
with foreign participation had to submit…(i) a le galized certificate of the juridical personhood 
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."   
Do these requirements apply to juridical persons of another country, or to juridical persons of 
Kazakhstan with foreign participation?  
Answer:
 
According to Article 6 of the Law of the Re public of Kazakhstan No. 2198 of 17 April 1995 "On 
State Registration of Juridical Persons and Statis tical Record-Keeping Registration of Branches and 
Representative Offices", all juridical persons establis hed in the territory of Kazakhstan, irrespective 
purposes of their establishment, types of their activity and participants (members), are subject to state 
registration. 
To register as a juridical person, the applicant sh all submit the following documents to the registration 
authority: 
− the application (made in accordan ce with the form established by the Ministry of Justice of 
the Republic of Kazakhstan);  
− the founding documents (charter, founding agreem ent or statute, and founding agreement, in 
cases provided by legislation), in the state and Russian languages in three copies, 
− a document certifying the location of the juri dical person.  Small business entities don't have 
to submit the location-certifying document; WT/ACC/KAZ/67 
Page 34 
 
 
  − the payment receipt or other document certifying the payment of the fee levied for the official 
registration of a juridical person; and 
− in case of registration of a juridical person established as a result of reorganization of one or 
several juridical persons, the applicant shall also  submit the act of transfer or the separated 
balance, and the document certifying that the cr editors of the reorganized juridical person had 
been notified about the reorganization. 
According to Article 6 of the Law, registration of juridical persons of Kazakhstan with foreign 
participation shall be made in the order establishe d for the registration of juridical persons of the 
Republic of Kazakhstan.  In addition to the a bovementioned documents, until otherwise provided by 
the international treaties ratified by the Republic of Kazakhstan, the following documents shall be 
additionally submitted: 
− legalized statement from the trade register or any other legalized document certifying that the 
founder, i.e., foreign juridical person is establis hed in accordance with the legislation of the 
foreign country, with notarized translation to the state and Russian languages; and 
− a copy of the passport or any other document identifying a founder, i.e., foreign natural 
person is a citizen of a foreign country, with notarized translation to the state and Russian 
languages. 
According to Article 3 of the Law "On State Regist ration of Juridical Persons  and Statistical Record-
Keeping Registration of Branches and Representativ e Offices", branches and representative offices of 
juridical persons of the Republic of Kazakhstan ar e subject to registration for statistical record-
keeping purposes without acquisition of rights of the juridical person. 
For statistical record keeping registration of bran ch and representative office, an applicant shall 
submit to the registering body the application comple ted in a standard form approved by the Ministry 
of Justice of the Republic of Kazakhstan. The application form shall be signed by the person 
authorized by juridical person establishing br anch or representative office in Kazakhstan. 
Application shall be submitted with the following: 
− sealed decision of the founding juridical person on establishment of its branch or 
representative office; 
− regulation on  branch or representative office in three copies in state and Russian languages 
approved by the founding juridical person; 
− copies of the charter and certificate on state registration of the founding juridical person; 
− power of attorney of the founding juridical  person (except for public and religious 
institutions) issued to the head of its branch or representative office; 
− document confirming  location/address of a branch or representative office; and 
− document confirming payment of the registrati on fee for branches and representative offices. 
According to Article 6-1 of the Law, registrati on of branches and representative offices of foreign 
juridical persons is carried out in accordance with the order established by the legislation of the 
Republic of Kazakhstan. 
In addition to the documents, unless other is stipulated  by the international agreements ratified by the 
Republic of Kazakhstan, the foreign founder of th e  branch or representative office in Kazakhstan 
shall submit the legalized extraction from the trade re gister or other legalized document certifying that 
a founder - foreign juridical person - is a juri dical person established in accordance with the 
legislation of the foreign state.  Documents of foreign juridical person shall be submitted with 
notarized translation to the state and Russian languages.  WT/ACC/KAZ/67 
 Page 35 
 
 
  Question 35 
With what countries does Kazakhstan have an int ernational treaty such that these requirements 
would not apply? 
Answer:  
At this time,  Kazakhstan is not a party to an in ternational treaty that undermines the requirement for 
registration of juridical persons and registrati on of their branches and representative offices for 
statistical purposes, which is stipulated in th e legislation of the Republic of Kazakhstan. 
Question 36 
Do these requirements apply to any juridica l person, no matter how small the foreign 
participation?   
Answer:  
The current legislation of the Republic of Kazak hstan does not contain separate regulations for 
registration of juridical persons with foreign participation depending on the size of the foreign 
participation. 
Question 37 
What is "an identification document of the company founder"? Answer:
 
A document, issued by an authorized body of the fo reign state, certifying that a person is a citizen of 
the country may serve as identification document. 
For example, according to the Rules of documenting and registering population of the Republic of 
Kazakhstan, approved by Govern ment Resolution of the Republic of Kazakhstan No. 1063 of 
12 June 2000, the following documents shall be recognized as the identification documents: 
− passport of the citizen of the Republic of Kazakhstan; 
− identification card. 
− foreigner's residency permit issued for forei gn citizens who are permanently residing on the 
territory of the Republic of Kazakhstan; and 
− identity card of the person without citizenship. 
Identification card could be equally used as the pass port but only within the Republic of Kazakhstan.  
Question 38 
What is the rationale for these additional requirements? Answer:
 
Indication of data on founders of the juridical persons is a mandatory requirement used for  
registration of juridical persons. WT/ACC/KAZ/67 
Page 36 
 
 
  Data on founders of the juridical persons - citizen s of the Republic of Kazakhstan and other foreign 
states - shall be included into the State register of juridical persons and register of branches and 
representative offices. 
Question 39 
We continue to encourage Kazakhstan to cons ider implementing further reform so that the 
turnaround time for registration applications  are equal for all business entities, including 
juridical persons.  
Answer:  
Pursuant to Article 9 of the Law "On State Regist ration of Juridical Persons and Statistical Record-
Keeping Registration of Branches and Representative Offices", the state registration (re-registration) 
and statistical record keeping re gistration (re-registration) of bran ches and representative offices shall 
be established: 
− for small businesses - within three working days;  
− for other juridical persons - not later than within ten working days; 
− from the date of submission of a co mplete set of application documents. 
The legislation of Kazakhstan for small businesses provides for a simplified procedure of state 
registration, including a reduced list of the documen ts required for registration, reduction of terms and 
the registration fee amount, and also an option to operate on the basis of a Model Charter.  
Small business enterprises are juridical persons a nd their branches, which run business with annual 
average number of employees not exceeding 50 people and the total value of assets per year on average not exceeding sixty thousand monthly calculation indexes (61.8 thousand tenge or US$461,000).  
According to Article 7 of the abovementioned Law, small businesses shall conduct their business 
activity on the basis of the Model Charter appr oved by the Government of the Republic of 
Kazakhstan.  Simplified or preferential terms of re gistration for small businesses are justified by the 
fact that there is no need for juridical experti se of the founding documents for small businesses since 
they are based on the Model Charter.  
Other applicants should submit a list of  documen ts, which require detailed legal expertise of the 
charter, founding charter, protocol of the me eting of founders and document confirming the 
company's location.  WT/ACC/KAZ/67 
 Page 37 
 
 
  Table on Requirements, Terms and Fees applied for Registration of  
Various Legal Forms of Juridical Persons  
Legal forms List of documents to submit for state 
registration State 
registration 
terms Registration 
fee amount 
Limited Liability Partnership is a partnership founded by one or several individuals, registered capital of which is separated into 
shares in the amounts determined 
by the founding documents. The participants of LLP take none of the company's liabilities and share its risks only within the limits of the contributions made, except for the cases provided by the legislation.  - Application for registration; 
- Founding charter if an LLP does not 
operate on the basis of the Model Charter; 
- Receipt or a copy of remittance 
order on payment of the registration fee; 
- A document confirming the 
company's location (except for small businesses) 10 working 
days For small businesses: 
3 working days 7,600 tenge 
US$57  For small businesses: 
 2,280 tenge 
US$17  
Joint Stock Company - juridical person, issuing shares with the 
purpose to attract funding for 
performance of their activity.   - Application for registration; 
- Founding Charter; 
- Protocol of the meeting of founders; 
- A document confirming the 
company's location; 
- Receipt or a copy of remittance 
order on payment of the registration fee. 10 working 
days 7,600 tenge 
US$57   
Production Cooperative - a voluntary association of individuals on the basis of a membership for joint 
entrepreneurial activity, based on 
their personal working participation and unification of the participants' contributions.  - Application for registration; 
- Founding Charter if a PC does not 
operate on the basis of the Model Charter; 
- Memorandum of association 
(optional for founders); 
- A document confirming the 
company location (except for small businesses); 
- Receipt or a copy of remittance 
order on payment of the registration fee. 10 working 
days For small businesses: 
3 working days 7,600 tenge 
US$57 For small businesses: 
2,280 tenge 
US$17 
 
The existing registration procedure took effect in  April 1995 and is adequately fine-tuned. The 
Government of Kazakhstan up to date did not r eceive any complaints or comments on the existing 
preferential terms applied for registration of small businesses.  These preferential terms are part of the strategic programme of the Government of Kazakhs tan aimed at addressing the broader strategic task 
of reduction of poverty and social disparity in  the society and facilitating middle class through 
supporting small businesses and individual entrepreneurs.  
Question 40 On the issue of registration fees (paragraph 98), we seek greater clarification as to why the fee 
would need to vary according to the size of the bus iness.  We seek a clear explanation as to how 
the cost of the service rendered wo uld be greater for an individual entrepreneur (US$34) than a 
small business (US$17), and therefore how cons istency with Article VIII is ensured.   
Answer:
 
Pursuant to Article 9 of the Law "On State Regist ration of Juridical Persons and Statistical Record-
Keeping Registration of Branches and Representative Offices", the state registration (re-registration) WT/ACC/KAZ/67 
Page 38 
 
 
  and statistical record keeping re gistration (re-registration) of bran ches and representative offices shall 
be established: 
− for small businesses - within three working days; 
− for other juridical persons - within ten working days; and 
− from the date of submission of a co mplete set of application documents. 
The legislation of Kazakhstan for small businesses provides for a simplified procedure of state 
registration, including a reduced list of the documen ts required for registration, reduction of terms and 
the registration fee amount, and also an option to operate on the basis of a Model Charter.  
Small business enterprises are juridical persons a nd their branches, which run business with annual 
average number of employees not exceeding 50 people and the total value of assets per year on average not exceeding 60,000 monthly calculation i ndexes (61.8 thousand tenge or US$ 461,000).  
According to Article 7 of the abovementioned Law, small businesses shall conduct their business 
activity on the basis of the Model Charter appr oved by the Government of the Republic of 
Kazakhstan. Simplified or preferen tial terms of registration for sma ll businesses are justified by the 
fact that there is no need for juridical experti se of the founding documents for small businesses since 
they are based on the Model Charter.  
Other applicants should submit a list of  document s, which require detailed legal expertise  - the 
charter, founding charter, protocol of the mee ting of founders and  document confirming the 
company's location. 
Fees rates for state registration of juridical pe rsons as well as their branches and representative 
offices, and small businesses as well as their branch es and representative offices, are established by 
the Resolution of the Government of the Republic  of Kazakhstan No. 1660 "On Approval of Fees 
Rates for State Registration of Juridical Persons" of 19 December 2001.  
Registration fees are set at a fixed rate based on the actual cost of state registration and re-registration 
services. The methodology for calculation of fee rates fo r the state registration of juridical persons is 
approved by the Order of the Ministry of Economy and Budget Planning of the RK No. 135 of 28 October 2005.  
The registration fee for state registration of juridical persons and their branches and representative 
offices is set at KZT 7,600; for state registra tion of small businesses and their branches and 
representative offices is KZT 2,280. 
The registration fee for individual entrepreneurs is  established by the Resolution of the Government 
of the Republic of Kazakhstan No. 1586 "On Approval of Fees Rates for State Registration of 
Individual Entrepreneurs", the size of which is determined as 4 Monthly Calculation Indices or 
KZT 4,672.       WT/ACC/KAZ/67 
 Page 39 
 
 
  Table on Requirements, Terms and Fees applied for Registration  
of Various Legal Forms of Juridical Persons  
 
Legal forms List of documents to submit for state 
registration State 
registration 
terms Registration fee 
amount 
Limited Liability Partnership is a partnership founded by one or several individuals, registered capital of which is separated into 
shares in the amounts determined 
by the founding documents. The participants of LLP take none of the company's liabilities and share its risks only within the limits of the contributions made, except for the cases provided by the legislation.  - Application for registration; 
- Founding charter if an LLP does not 
operate on the basis of the Model Charter; 
- Receipt or a copy of remittance 
order on payment of the registration fee; 
- A document confirming the 
company's location (except for small businesses) 10 working 
days For small businesses: 
3 working days 7,600 tenge 
US$57  For small businesses: 
 2,280 tenge 
US$17  
Joint Stock Company - juridical person, issuing shares with the 
purpose to attract funding for 
performance of their activity.   - Application for registration; 
- Founding Charter; 
- Protocol of the meeting of founders; 
- A document confirming the 
company's location; 
- Receipt or a copy of remittance 
order on payment of the registration fee. 10 working 
days 7,600 tenge 
US$57   
Production Cooperative - a voluntary association of individuals on the basis of a membership for joint 
entrepreneurial activity, based on 
their personal working participation and unification of the participants' contributions.  - Application for registration; 
- Founding Charter if a PC does not 
operate on the basis of the Model Charter; 
- Memorandum of association 
(optional for founders); 
- A document confirming the 
company location (except for small businesses); 
- Receipt or a copy of remittance 
order on payment of the registration fee. 10 working 
days For small businesses: 
3 working days 7,600 tenge 
US$57 For small businesses: 
 2,280 tenge 
US$17 
 
The existing registration procedure took effect in April 1995 and is adequately fine-tuned.  The 
Government of Kazakhstan up to date did not r eceive any complaints or comments on the existing 
preferential terms applied for registration of small businesses.   
These preferential terms are part of the strategic programme of the Government of Kazakhstan aimed 
at addressing the broader strategic task of reduction of poverty and social disparity in the society and 
facilitating middle class through supporting sma ll businesses and individual entrepreneurs.  
Regarding the question on whether a methodology used  for calculation of registration fees of juridical 
persons and their branches and representative offices in  Kazakhstan is consistent  with Article VIII of 
GATT, it should be noted that Article VIII of GATT regulates fees and formalities connected with 
importation and exportation of goods.  It states that all fees and ch arges of whatever character (other 
than import and export duties and other than tax es within the purview of Article III) imposed by 
contracting parties on or in connection with importa tion or exportation shall be limited in amount to 
the approximate cost of services rendered and shall not represent an indirect protection to domestic 
products or a taxation of imports  or exports for fiscal purposes. 
The provisions of this Article shall extend to fees,  charges, formalities and requirements imposed by 
governmental authorities in connection with importa tion and exportation, including those relating to: WT/ACC/KAZ/67 
Page 40 
 
 
  − consular transactions, such as consular invoices and certificates; 
− quantitative restrictions; 
− licensing; 
− exchange control; 
− statistical services; 
− documents, documentation and certification; 
− analysis and inspection; and 
− quarantine, sanitation and fumigation. 
As one can see from the above provisions, Article  VIII of GATT does not cover fees charged for 
registration of juridical persons and their branches and representative offices.       
Nevertheless, Kazakhs tan is ready to revise the methodology currently used for calculation of 
registration fees for individual entrepreneurs. 
Question 41 
According to paragraph 102 of WT/ACC/SPEC/KAZ/9/Rev.1, the representative of Kazakhstan 
"noted that imported ethyl alcohol was used sole ly for the production of alcoholic beverages, 
while ethyl alcohol for pharmaceutical, me dical and technical needs was produced 
domestically."  Is the market split in this fash ion?  If so, why?  Are pharmaceutical, medical 
and technical consumers of ethyl alcohol not permitted to purchase imported products?   
Answer:  
According to Article 10.1 of the Law No. 429 "On State Regulating of Production and Turnover of 
Ethyl Spirit and Alcoholic Beverages" of 16 July  1999, the following order is established by the 
authorized body: 
− sale of ethyl spirit without payment of excise ta xes within the allocated quotas is allowed to 
pharmaceutical and state medical enterprises posse ssing the licence for the relevant activity; 
− sale of ethyl spirit with payment of excise taxes is allowed to: 
− producers of alcohol beverages (except for beer); and 
− organizations that use ethyl spirit for technical purposes or in production of non-
alcohol products if they comply with norms established by the relevant authorized body. 
According to Resolution of the Government of the Republic of Kazakhstan No. 137 "On Rates of 
Excise Taxes on Goods Produced in the Republic of Kazakhstan and Imported to the Customs 
Territory of the Republic of Kazakhstan and on Ga mbling Business" of 28 January 2000, rate of 
excise tax on non-denaturized ethyl spirit with 80 pe r cent and more spirit concentration; ethyl spirit 
and other denaturized spirits of an y concentration is equal to 400 tenge/litre on domestically produced 
ethyl spirit or €3/litre on imported ethyl spirit. 
Producers of ethyl spirit sell ethyl spirit with or without payment of excise tax to the abovementioned 
categories of consumers only on the basis of perm ission from the authorized body responsible for 
regulation of production and turnover of ethyl spirit and alcohol beverages. 
Question 42 
In relation to the process of state registration outlined in paragraph 97, we seek a detailed 
explanation of the basis for refusal of an application.    WT/ACC/KAZ/67 
 Page 41 
 
 
  Answer:   
According to Article 42 of the Civil Code of the Re public of Kazakhstan of 27 April 2007, refusal in 
state registration on the basis of whether it is justified to establish the juridical person shall not be allowed. Refusal in state registration can be appealed to a court. 
The only reasons for refusal in registration of th e juridical person could be non compliance of the 
founding documents of the juridical person with the legislation of Kazakhstan and breach of the legal 
rules on establishment of the juridical person.  
The rules and procedure to be followed for state regi stration of juridical persons is stipulated the Law 
of the Republic of Kazakhstan No. 2189 "On State Re gistration of Juridical Persons and Statistical 
Record-Keeping Registration of Branches and Representative Offices" of 17 April 1995. 
According to Article 11 of the Law, the basis for refusal in state registration and re-registration of 
juridical person shall be the following: 
− violation of the procedures on establishment a nd reorganization of the juridical person 
established by the legislative acts of the Republic of Kazakhstan; 
− non-compliance of the founding documents with the legislative acts of the Republic of 
Kazakhstan; 
− in case of reorganization of the juridical pers on, failure to submit an assignment deed or 
separation balance sheet or submission of these documents without provisions on legal 
succession of the reorganized juridical person; 
− in cases when a founder is an inactive juridical person; and/or when a founder and/or head of 
the juridical person are the founders and/or heads of inactive juridical persons; and/or when they are acknowledged as incapable or partially capable and/or missing; 
− if a founder and/or head of the juridical person is dead; 
− if a founder and/or head of the juridical person are charged in accordance with Articles 192 
(false-entrepreneurship), 216 (deliberate bankr uptcy), 217 (false bankruptcy) of the Criminal 
Code of the Republic of Kazakhstan; and 
− if the personal identification documents provided were lost. 
In the case of refusal in state registration or re-re gistration of the juridical person, registration body 
shall provide written reply with a reference to conc rete reasons for refusal within ten working days 
from the date of submission of the application.  
Based on the above, it should be noted that the state registration body could refuse in state registration 
of juridical persons only on the basis of reasons cl early stipulated in the legislation of Kazakhstan. 
A.  IMPORT REGULATIONS 
- Ordinary customs duties Question 43 According to paragraph 107 of WT/ACC/SPE C/KAZ/9/Rev.1, Kazakhstan's tariff policy 
incorporated, inter alia , commitments ensuing from its participation in the formation of a 
Customs Union among the Eurasian Economic Community.    
Is Kazakhstan envisioning a common external tariff among the other members of the Eurasian 
Economic Community?     WT/ACC/KAZ/67 
Page 42 
 
 
  Have the members of the Eurasian Economic Community begun to harmonize their external 
tariffs?  If so, to what extent? 
What effect does the formation of this customs union have on Kazakhstan's current tariff 
policy? 
Answer:  
On 6 October 2007, the heads of three member-states of the Eurasian Economic Community 
(EurAsEC) signed the Agreement on Creation of a Single Customs Territory and Formation of the 
Customs Union and the Agreement on the Commission of the Customs Union.  These documents are 
aimed at establishing the legal framework for th e future customs union and envisage the phased 
delegation of the national governments' functions  on regulation of external trade policy to the 
supranational body- the Commission of the Customs Union.  
Currently, within the framework of  EurAsEC, the negotiations have  started between three member 
states- the Russian Federation, Republic of Belaru s, Republic of Kazakhstan - with the purpose to 
establish a common external import tariff.  
The remaining three other member-states of the Eu rAsEC - Kyrgyzstan, Tajikistan and Uzbekistan - 
will join the single customs tari ff according to their readiness.  
Currently, approximately 45 per cen t of Kazakhstan's applied import tariffs have been harmonized 
with the applied import tariffs of the Russian Fe deration and the Republic of Belarus.       
When the decisions are made by any of the EurA sEC member-states with regard to its currently 
applied import or export duty rates and other external  trade policy instruments, the consultations shall 
be conducted in due course with other parties to EurAsEC.     
Question 44 
Page 47, paragraph 110: on the list provided in Annex 6 of countries eligible for the GSP 
treatment, we notice some relatively more industrialized WTO Members are included among 
the beneficiaries, such as Hong Kong, Chin a, the Republic of Korea and Singapore.  
Could Kazakhstan please elaborate on the criteria used for establishing the list of countries 
eligible for GSP treatment?  Would Kazakhsta n consider offering us such preferential 
treatment, given that our economic development is at a similar level to those of the above-mentioned Members?  
Answer:
 
Resolution of the Government of the Republic of  Kazakhstan No. 1389 "On Rates of Customs Duties 
Levied on Imported Goods" of 14 November 1996 is invalid. 
At present, the customs duties for goods imported to the Republic of Kazakhstan are established by 
the Resolution of the Government of the Republic of Kazakhstan No. 1317 "On Customs Tariff and 
Goods Nomenclature of Foreign Economic Ac tivity of the RK" of 28 December 2007.   
The Resolution No. 1317 contains the list of 104 developing countries and 47 least developed 
countries and customs territories enjoying the national system of preferences of the Republic of Kazakhstan (Annex 4).  WT/ACC/KAZ/67 
 Page 43 
 
 
  In accordance with the footnote in the abovemen tioned document, custom duties applicable to 
imported products originating from the Separate Customs Territory of Taiwan, Penghu, Kinmen and 
Matsu shall be levied at the same rate as produc ts originating from People's Republic of China. 
Therefore, goods listed in Kazakhstan's GSP system  (Annex 5) imported from the Separate Customs 
Territory of Taiwan, Penghu, Kinmen and Matsu are eligible for tariff preferences and as such shall 
be levied at 75 per cent of the MFN rate.  
- Other duties and charges 
Question 45 We appreciate Kazakhstan's confirmation, in paragraph 113 of WT/ACC/SPEC/KAZ/9/Rev.1, 
that Kazakhstan does not apply "any other dutie s 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."  Will Kazakhs tan take a commitment, from the date of 
accession to:  1) levy no duties and charges on imports other than ordinary customs duties and 
fees and charges for services rendered and 2) appl y any such charges to imports in accordance 
with WTO provisions? 
Answer:
 
Resolution of the Government of the Republic of  Kazakhstan No. 1389 "On Rates of Customs Duties 
for Imported Goods" of 14 November 1996 is invalid. 
At present, the customs duties for goods imported to the Republic of Kazakhstan are established by 
the Resolution of the Government of the Republic of Kazakhstan No. 1317 "On Customs Tariff and 
Goods Nomenclature of Foreign Economic Ac tivity of the RK" of 28 December 2007.   
Kazakhstan confirms that it does not impose any other duties and charges on imports except for 
ordinary import duties and fees and charges for services rendered.   
According to Article 290 of the Customs Code, the following customs payments are currently in force 
in the Republic of Kazakhstan: 1) customs duties;  2) customs fees; 3) fees charged for issuing 
import/export licence; 4) fees for preliminary decision regarding classification, methodology of 
identifying of the country of origin and customs value of the good.  
Kazakhstan is currently consideri ng to make the following commitment: 
[["Kazakhstan will take a commitment, from the da te of the WTO accession, to levy no duties and 
charges on imports other than ordinary customs du ties, fees and charges for services rendered; 2) to 
apply any such charges to imports in accord ance with Article II:1(b) of the GATT 1994."]] 
Question 46 We are encouraged by Kazakhstan's statement whic h seems to indicate that it does not apply 
other duties and charges within the meaning of Article II:1(b) of GATT 1994.  We would encourage Kazakhstan to adopt th e following commitment language: 
The representative of Kazakhstan recalled that Kazakhstan had bound all tariffs in its Schedule 
of Concessions and Commitments for Goods.  She confirmed that Kazakhstan would from the 
date of its accession to the WTO not apply other duties and charges within the meaning of Article II:1(b) of GATT 1994 and would bind such other duties and charges at zero in relation to all products included in its Schedule of  Concessions and Commitments for Goods.  The 
Working Party took note of these commitments. WT/ACC/KAZ/67 
Page 44 
 
 
  Answer:  
Currently, the customs duties for goods imported to the Republic of Kazakhstan are established by the 
Resolution of the Government of the Republic of Kazakhstan No. 1317 "On Customs Tariff and 
Goods Nomenclature of Foreign Economic Ac tivity of the RK" of 28 December 2007.   
Kazakhstan confirms that it does not impose any other duties and charges on imports except for 
ordinary import duties and fees and charges for services rendered.   
According to Article 290 of the Customs Code, the following customs payments are currently in force 
in the Republic of Kazakhstan:  1) customs duties;  2) customs fees; 3) fees charged for issuing 
import/export licence; 4) fees for preliminary decision regarding classification, methodology of 
identifying of the country of origin and customs value of the good.  
Kazakhstan is currently consideri ng to make the following commitment: 
[["Kazakhstan will take a commitment, from the da te of the WTO accession, to levy no duties and 
charges on imports other than ordinary customs du ties, fees and charges for services rendered; 2) to 
apply any such charges to imports in accord ance with Article II:1(b) of the GATT 1994."]] 
- Tariff rate quotas, tariff exemptions 
Question 47 
In paragraph 114 of WT/ACC/SPEC/KAZ/9/Rev .1, Kazakhstan indicates the possibility of 
applying tariff rate quotas (TRQs) "on a limited  number of sensitive agricultural products - 
namely meat (poultry) and cane sugar…"  This statement appears at odds with the "standstill 
principle" used in all negotiations and with the market access offers tabled by Kazakhstan.  We 
seek clarification of Kazakhstan's intentions regarding the use of TRQs.  We hope that 
Kazakhstan will not take this approach, as we believe  that it is a step in the wrong direction.   
If Kazakhstan were to apply such TRQs, how would the measures be administered?  Would 
Kazakhstan use import licenses?  If so, please describe the procedures that will be required to 
obtain such a licence.   
Answer:  
As indicated in its goods market access offer, K azakhstan is planning to apply tariff rate quotas in 
relation to the imports of poultry.  
The legal framework for implementation of tariff quotas mechanism was established by the Law of 
the Republic of Kazakhstan No. 544 "On Trad e Activity Regulation" of 12 April 2004. 
The Government will be administering the tariff quot as through the most transparent "first come - first 
served" method in combination with the automatic licensing procedures.  
It should be noted, that in order to bring the nationa l legislation into compliance with the provisions of 
the WTO Agreement on import licensing procedures, th e provisions on automatic licensing have been 
introduced by the Law of the RK No. 214 "On Licensing" of 11 January 2007.   
According to the Article 41 of the abovementioned Law,  the approval of  appli cation is granted within 
ten working days provided that all necessary docu ments for obtaining the automatic licensing are 
submitted.   WT/ACC/KAZ/67 
 Page 45 
 
 
  The application for acquiring the licence may be s ubmitted on any working day prior to the customs 
clearance of goods. 
- Fees and charges for services rendered 
Question 48 
We welcome new information provided by Kazakh stan in relation to the "custom escort" fee. 
We would like to understand better in what circums tances a customs escort fee is relevant and 
is required to be charged?  For example, does this fee only concern goods that are in transit 
through Kazakhstan to another third country, or goods kept in bonded warehouses until either 
re-exportation or release into the domestic market?  Or does it relate to goods imported into 
Kazakhstan for immediate final delivery (i.e. wi thout use of bonded warehouse facilities)?  It 
would be useful for this to be spelt out in the Working Party report. 
Answer:  
Pursuant to Article 78 of the Customs Code, ‘custo ms escort procedure' means the escort of goods 
under the customs control and the accompanying docum ents from the customs point of departure to 
the customs point of destination by customs offi cials, as well as within the area of one customs 
authority.   
Customs escort is used by customs authorities as an  exclusive measure to ensure delivery of goods 
and accompanying documents, conveyed through the customs territory of the Republic of Kazakhstan 
upon the written decision of the customs official, when the following requirements are not complied with: 
− provision of the guarantee commitment of the consignee about the delivery of goods; 
− ensuring payment of customs duties and taxes at any customs authority;   
− conveyance of goods by a customs carrier; and 
− customs escort starts not later than in 24 hour s from the time of payment of fees for customs 
escort.  
A carrier and/or a person conveying goods has the right to choose any of the specified measures.  
A list of goods conveyed through the territory of th e Republic of Kazakhstan with mandatory ensuring 
of payment of customs duties and taxes is appr oved by the Government of the Republic of 
Kazakhstan No. 524 of 4 June 2003 (available through document WT/ACC/KAZ/67/Add.1). 
Pursuant to Article 431 of the Customs Code, go ods imported onto the customs territory of the 
Republic of Kazakhstan, are subject to customs control from the moment they cross the customs 
border of the Republic of Kazakhstan, up until the moment they are: 
− released into free circulation, except for cond itional release in compliance with Article 14 of 
the Customs Code; 
− destroyed; 
− refused in favour of the state or turned over to the state; and 
− actually exported outside the customs territory of the Republic of Kazakhstan. 
According to Article 73 of the Customs Code, "Domestic customs transit" means the customs 
procedure when goods subject to customs control are conveyed through the customs territory of the 
Republic of Kazakhstan, and through the territory of a foreign state, in compliance with the terms set 
by the customs legislation of the RK. WT/ACC/KAZ/67 
Page 46 
 
 
  Goods are conveyed under the domestic customs transit procedure from the customs point of 
departure to the customs point of destination under the responsibility of the carrier and/or person who 
conveys goods.  
Customs escort fees are levied in accordance w ith Resolution No. 669 "On Approval of Rates of 
Customs Fees, Charges and Payments Levied  by Customs Bodies" of 7 July 2003.  
Custom escort fees are calculated on the basis of di stance from the customs point of departure to the 
customs point of destination: 
− €9 for a distance up to 50 km; 
− €11 for a distance from 50 up to 100 km; 
− €18 for a distance from 100 up to 200 km; 
− €81 for a distance from 200 up to 400 km; 
− €117 for a distance from 400 up to 600 km; 
− €134 for a distance from 600 up to 800 km; 
− €206 for a distance from 800 up to 1,000 km; 
− €293 for a distance from 1,000 up to 1,500 km; 
− €455 for a distance from 1,500 up to 2,000 km; and 
− €599 for a distance over 2,000 km. 
Custom escort fees include the following expenses: 
− travel allowance of customs officials carrying out the customs escort; 
− cost of fuel used for transportation; and 
− depreciation costs of vehicles used for customs escort. 
The methodology for calculation of custom esco rt fees is developed according to the 
recommendations of the international organizations. 
Question 49 
Second, Annex IV only contains information on the calculation of the customs "escort fee".  
However, in document WT/ACC/SPEC/KAZ/9/Re v.1, Kazakhstan notes a customs clearance 
fee (paragraph 119).  Can it explain the difference between a standard customs clearance fee 
and that of a customs "escort fee"?  If these are different fees, can Kazakhstan provide an indication of the size of "customs clearance fe es" and how they are calc ulated according to the 
cost of the service rendered?  This would be a useful addition to the Working Party report. 
Answer:
 
Customs clearance fees are levied in accordance with Resolution No. 669 "On Approval of Rates of 
Customs Fees, Charges and Payments Levied by Customs Bodies" of 7 July 2003.    
The procedure of customs clearance of goods includes registration of a customs declaration; 
verification of the application of tariff and non-tari ff regulations; verification of compliance of the 
location of goods with customs requirements; admi nistration of customs fees; determination of 
customs value; classification of goods for the pur pose of customs examination and customs expert 
evaluation.  
Hence, customs clearance fee and customs escort fe e are different types of fees charged for fulfilment 
of different types of procedures by customs author ities.  More detailed information on the nature and 
size of the customs escort fee is describe d in reply to the previous question.   WT/ACC/KAZ/67 
 Page 47 
 
 
  The calculation of the customs clear ance fees is based on direct and indirect costs of customs bodies 
for the specified services.  
The customs clearance fees are set at €50 for the ma in list of customs declaration, at €20 for every 
additional list of the customs declaration.  
The methodology for calculation of custom cl earance fees is developed according to the 
recommendations of the international organizations. 
- Application of internal taxes to imports 
Question 50 We note the information provided by Kazakhsta n in WT/ACC/KAZ/66 in relation to two VAT 
schemes.  We reserve our rights to a fuller examination of these programs, but make the 
following preliminary observations and questions 
According to paragraph 124 of the Working Party report, a reduction of 80 per cent of tax is 
available to producers of primar y agricultural products.   
When the agricultural producer sells his/her prod uct to a processor, they charge the 15 per cent 
VAT on their product and collect this from the processor? 
Answer:
 
As of 1 January  2008, the uniform VAT ra te in Kazakhstan is 13 per cent.     
If agricultural producer is registered as a VAT payer, he/she shall pay VAT in the amount of 
13 per cent for produced primary products and collect the amount of VAT from buyers (from producer or consumer, trader).  In other words, agricultural producer collects VAT from buyers as 
part of product price.  If an agricultural producer is subject to the special regime, amount of VAT 
payable to budget shall be reduced by 80 per cent. 
In case, primary agricultural products are purchased from such agricultural producers, a buyer shall 
pay to the state budget the total VAT charged (13 per cent), including VAT portion not paid by the agricultural producer.  
Question 51 The primary producer then calculates his or her net VAT liability (i.e. by deducting the VAT 
costs of any inputs used in farming)? 
Answer:
 
Agricultural producer shall calculate his/her VAT liability and provide the report to tax bodies. In 
particular, Paragraph 4 Article 388 of  the Tax Code stipulates:  "Taxpa yers, subject to special regime, 
are exempt from providing reports on taxes included into patent and payments for use of the land, 
except for VAT." 
For the purpose of accountability, agricultural producer shall declare in the patent the total amount of 
VAT liable to the Government. WT/ACC/KAZ/67 
Page 48 
 
 
  Question 52 
When does the primary producer obtain the 80 per cent reduction in their tax liability?  Does it 
pay its full "net VAT liability" to the Governme nt and then claim reimbursement, or does it 
only pay to the Government its "net VAT liability" less the 80 per cent discount? 
Answer:  
In accordance with paragraph 3 of Article 388 of the Tax Code, when calculating patent at the 
beginning of the fiscal year, the amount of taxes, including VAT, subject to budget payment shall be 
reduced up to 80 per cent.  In other words, ag ricultural producer shall pay VAT liability to the 
Government less the 80 per cent discount.    
Question 53 Does the agricultural processor, who purchases the domestic farm output, also receive a similar 
deduction on his/her VAT when they sell their processed output to the consumer? 
Answer:
 
According to Article 244-1 of the Tax Code, from 1 January 2007 certain producers have a right to 
reduce their VAT to budget up to 70 per cent.  The right of 70 per cent reduction of the VAT rate is 
applied only to producers of the following: 
− meat and meat products; 
− canned fruit and vegetables; 
− plant and animal oil; 
− milk and cheese; 
− flour and groats; 
− ready-to-eat feed products for animal; 
− bread; and 
− children food and dietary food products.   
When producer afterward sells proc essed products to consumers, then  final consumer or distributor 
shall pay total VAT rate in the amount of 13 per cent. The market price of both agricultural goods produced by domestic producers and imported agri cultural goods should include 13 per cent VAT 
rate.  
Question 54 
This information will be important in establishi ng consistency of Kazakhstan's measures with 
the requirement of GATT Article III:2 that taxes applied to the imported product not be "in excess of " those applied to domestic product.  Consistency with GATT Article III:2 is not 
simply guaranteed by the application of the same  VAT rate to the product - it also depends on 
what the actual tax burden (i.e. taking into account remissions or discounts) falling on each product. 
Answer:
 
Taking into account the said above, domestic agri cultural products and their processed products are 
subject to full VAT payment.  Therefore, the sp ecial tax regime applied for agricultural producers 
does not violate Article III:2 of GATT.  WT/ACC/KAZ/67 
 Page 49 
 
 
  Question 55 
We seek further clarification of the application of  excise taxes to alcohol under the resolution of 
1 January 2006.  
In particular, what "spirits" a re taxed at KZT 40 per litre?   
Answer:  
Pursuant to the Resolution of the Government of  the Republic of Kazakhstan No. 137 "On Rates of 
Excise Taxes on Excisable Goods Produced in th e Republic of Kazakhstan and Imported to the 
Customs Territory of the Republic of Kazakhstan and on Gambling Business" of 28 January 2000, the 
excise tax is set at KZT 40 per litre of un-denatured et hyl spirit, of an alcoholic strength of 80 per cent 
volume or more; ethyl spirits and other spirits, denatu red, of any strength, used in the production of 
alcoholic beverages (HS EurAsEC 2207).   
Question 56 
What spirits are taxed at the rate of KZT 250 per litre? 
Answer:  
Pursuant to the Resolution of the Government of  the Republic of Kazakhstan No. 137 "On Rates of 
Excise Taxes on Excisable Goods Produced in th e Republic of Kazakhstan and Imported to the 
Customs Territory of the Republic of Kazakhstan and on Gambling Business" of 28 January 2000, the 
excise tax is set at 250 KZT per litre of 100 per cent spirit for alcoholic beverages (except for other 
beverages of actual alcoholic strength by volume of not more than 12 per cent volume cognac, 
brandy, wine beverages, wine, champagne, spar kling and carbonated wine and beer) and other 
beverages of actual alcoholic strength by volume of not more than 12 per cent volume (HS EurAsEC 
2208).   
Question 57 
At what rate are cognac, brandy, wine beverage s, wines, champagne, sparkling wine and beer 
taxed at (as the Working Party report indicates that are excluded from the KZT 250 per litre 
rate)? 
Answer:  
The excise tax at KZT 100 per litre of 100 per cent sp irit is set for cognac, brandy, produced in the 
Republic of Kazakhstan; at €4.25 (a bout KZT 760) is set for cognac, brandy imported to the territory 
of the Republic of Kazakhstan. 
Taking into account that HS 2204 includes a group of  wines, containing sparkling and champagne, the 
Law of the Republic of Kazakhsta n No. 201 "On Amendments and Adde nda to the legislative acts of 
the Republic of Kazakhstan on the issues of taxa tion" of 11 December 2005 has amended the Law of 
Republic of Kazakhstan No. 429 "On State Regulating of Production a nd Turnover of Ethyl Spirit and 
Alcoholic Beverages" 16 July 1999, stipulating an  inclusion of such wine drinks as champagne, 
sparkling and carbonated wines, and other wine bevera ges into the subtype of alcohol products "wine" 
as of 1 January 2007.   
Pursuant to the Resolution of the Government of the Republic of Kazakhstan No. 274 of 5 April 2007, 
wines, including champagne, sparkling and carbonated wines, and other wine beverages, produced in WT/ACC/KAZ/67 
Page 50 
 
 
  the Republic of Kazakhstan, are subject to excise ta x at the rate of KZT 20 per litre; imported to the 
territory of the Republic of Kazakhstan - at the rate of €0.4 (about KZT 70) per litre. 
Beer, produced in the Republic of Kazakhstan, is s ubject to excise tax at the rate KZT 10 per litre; 
imported to the territory of the Republic of Kaza khstan - at the rate €0.2 (about KZT 35) per.  
At the present Kazakhstan is in the process of prepari ng full unification of excise tax rates by the date 
of Kazakhstan's accession to the WTO.   
Kazakhstan is currently consideri ng to make the following commitment: 
[["From the date of accession Kazakhstan would appl y its domestic taxes, including those 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."]] 
Question 58 
Is Kazakhstan on track to unify its excise taxes by 1 January 2007, as promised in 
paragraph 129 of WT/ACC/SPEC/KAZ/9/Rev.1?   
Answer:  
Currently, Kazakhstan is carrying out preparatory wo rk on introduction of unified excise tax from the 
date of Kazakhstan's accession to the WTO. 
Kazakhstan is currently consideri ng to make the following commitment: 
[["From the date of accession Kazakhstan would appl y its domestic taxes, including those 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."]] 
- Quantitative import restrictions, including  prohibitions, quotas and licensing systems 
Question 59 We consider this section of the revised Working Party Report to be an improvement, but 
considerable further work remains in ensuring  that Kazakhstan adopts a WTO consistent 
system of import licensing which does no t pose unnecessary obstacles to trade. 
First, the right to import and hence obtain an import licence should not be made conditional 
upon being engaged in production or distribution of such imported goods in Kazakhstan.  And to ensure consistency with trading rights obli gations of Article III and XI of GATT1994, the 
right to import should be established independently  of distribution, production or other activity 
in the importing Member.  The conceptual proble m lies in understanding that an "importer" is 
an intermediary that may not actually be the final user or recipient of product in any 
transaction.  For example, the "importer" m ay be a trading house which arranges for product 
to be bought into Kazakhstan, not for their own use/consumption, but for the purchase by 
another firm/entity (e.g. a producer).  Secondl y, an "importer of re cord" may be a foreign 
producer/exporter that wants to be responsible fo r clearance of the imported goods (payment of 
duties, fulfilment of other formalities) into a market until the point that it reaches the buyer or 
first point of distribution.  Hence, we request that Kazakhstan remove the linkage between the 
right of obtaining an import licence and production/distribution activity in Kazakhstan.  This has been a standard commitment in some recen t accession, including that of Viet Nam.  WT/ACC/KAZ/67 
 Page 51 
 
 
  We understand some of the reasoning behind Kaza khstan's current restrictions on the right to 
import (e.g. health, safety, prevention of grey  market), but these concerns can be met in ways 
that are less trade restrictive and consistent wi th WTO rules.  In particular, Kazakhstan could 
achieve these aims by appropriately licensing the importer (which ensures monitoring of 
imports of alcohol or other dangerous products ) and separately licensing producers/distributors 
or other final end users of such products.  This will ensure that when an importer completes his transaction and the product is transported to th e final purchaser (e.g. producer etc), that such 
product is only allowed to be received/purchased by an appropriately licensed individual or entity.  The importer and final buyer (e.g. prod ucer/distributor) do not need to be the same 
entity or individual. 
Answer:
 
The current licensing regime related to alcohol is regulated in the following way: 
− Article 36 of the Law of the Republic of Kazakhstan No. 214 "On Licensing" of 
11 January 2007 requires activity licensing in or der to import ethyl spirit and alcohol 
beverages; 
− Article 10.1 of the Law of the Republic of Kazakhstan No. 429 "On State Regulating of 
Production and Turnover of Ethyl Spirit and Alcoho lic Beverages" of 16 July 1999 requires 
the following: 
− In order to obtain an import licence for ethy l spirit, a licence for production of alcohol 
beverages (using ethyl spirit) is required; 
− In order to obtain import licence for wi ne materials, a licence for production of 
alcohol beverages (using wine materials) is required;  
− In order to obtain import licence for alcohol beverages, a licence for production or for 
storage and wholesale distribution of alcohol beverages (except for beer) is required. 
With the purpose to simplify the licensing procedures, the Government of Kazakhstan is planning to 
amend the Law of the Republic of Kazakhstan "On Licensing" and exclude importation of ethyl spirit 
and alcohol beverages from the list of activities subject to licensing.  Therefore, not the importation of alcohol itself as activity, but goods, such as ethyl spir it, wine materials and alcohol beverages, will be 
subject to import licensing.  
At the same time it is important for the Government of Kazakhstan to maintain  the currently applied 
regulation governing the importation of ethyl alcohol and wine materials.  The elimination of the 
prerequisite to obtain activity licence for the pro duction of alcoholic beverages could result in the 
emergence of a "grey" market for imported products.  This could negatively affect both human health 
and state budget due to potential problems with co llection of taxes on alcohol beverages produced 
using imported ethyl alcohol and wine materials.   
As for alcohol beverages (other than beer), the activity licence is necessary because alcohol 
beverages, other than beer, are subject to a set of  qualification requirements.  An activity licence for 
production of alcohol is required in order to obtain an import licence for alcohol beverages due to the 
fact that alcohol beverages are not always imported in bottles, but also in containers. In such cases,  
possession of the production licence makes sure that  the importer has the production facilities where 
they place alcohol into bottles, which meet th e necessary sanitarian and other safety related 
requirements.  
An activity licence for storage and wholesale distribution is required in order to obtain import licence 
for alcohol beverages because of the importer need s to meet the requirements necessary for storage 
and wholesale by alcohol beverages.  WT/ACC/KAZ/67 
Page 52 
 
 
  Question 60 
We note the statement that "as ethyl spir it used by companies in Kazakhstan for 
pharmaceutical, medical and tec hnical purposes is supplied by domestic producers, ethyl spirit 
is imported solely for production of alcoholic  beverages".  In essence, this suggests that 
Kazakhstan is limiting the end use of imported ethyl spirit to one purpose only - alcoholic 
production.  If a domestic producer of pharma ceutical, medical or other technical purposes 
wishes to import ethyl alcohol, it is prohibit ed from doing so?  How would a firm apply for 
importation of ethyl alcohol if it was not inte nding to import for the purpose of producing 
alcoholic beverages? 
Answer:  
According to Article 10.1 of the Law of the Repub lic of Kazakhstan No. 429 "On State Regulating of 
Production and Turnover of Ethyl Spirit and Alcoho lic Beverages" of 16 July 1999, the following 
order is established by the authorized body: 
1. sale of ethyl spirit without payment of excise taxes within the allocated quotas is allowed to 
pharmaceutical and state medical enterprises posse ssing the licence for the relevant activity; 
2.  sale of ethyl spirit with payment of excise taxes is allowed to: 
− producers of alcohol beverages (except for beer); 
− organizations that use ethyl spirit for technical purposes or in production of non-
alcohol products if they comply with norms established by the relevant authorized body. 
According to Resolution of the Government of the Republic of Kazakhstan No. 137 "On Rates of 
Excise Taxes on Goods Produced in the Republic of Kazakhstan and Imported to the Customs 
Territory of the Republic of Kazakhstan and on Ga mbling Business" of 28 January 2000, rate of 
excise tax on non-denaturized ethyl spirit with 80 pe r cent and more spirit concentration; ethyl spirit 
and other denaturized spirits of an y concentration is equal to 400 tenge/litre on domestically produced 
ethyl spirit or €3/litre (about KZT 525) on imported ethyl spirit. 
Producers of ethyl spirit sell ethyl spirit with or without payment of excise tax to the abovementioned 
categories of consumers only on the basis of perm ission from the authorized body responsible for 
regulation of production and turnover of ethyl spirit and alcohol beverages. 
Question 61 
We welcome the information provided in Kazakhstan's response to Question 67 on a new 
"Licensing" law.  We would like to see the full details of goods which will be subject to "automatic licensing" and those that will be s ubject to any "non-automatic licensing".   
Is any form of "non-automatic licensing " to be utilised in the future?  
Answer:
 
Pursuant to Article 41 of the Law of the Re public of Kazakhstan No. 214 "On Licensing" of 
11 January 2007, in case of automatic licensing of cer tain goods, the application shall be approved in 
all the cases.  The application for obtaining of a licence may be submitted on any working day before 
customs clearance of goods.  The licence  shall be issued within ten working days if the application for 
obtaining of a licence and necessary documents are presented in the due form and order.  WT/ACC/KAZ/67 
 Page 53 
 
 
  The list of goods subject to automatic licensing, as well as the procedure fo r issuing an automatic 
licence shall be approved by the Government of th e Republic of Kazakhstan.  The Government of 
Kazakhstan is envisaging that impor tation of goods subject to tari ff rate quotas will be subject to 
automatic licensing.    
Pursuant to Article 38 of the Law "On Licensing" , the list of goods subject to  import and export 
licensing requirement shall be established by th e Government of the Republic of Kazakhstan. 
Licensing of goods shall not have more restric tive or distorting influence upon exportation or 
importation of goods other than meeting the requi rements because of which they are subject to 
licensing. 
According to Article 40 of the Law, import and export licensing of goods shall be performed by the 
Government of the Republic of Kazakhstan due to re asons related to national security, life and health 
safety of citizens, environmental safety of the Republic of Kazakhstan without application of 
quantitative restrictions. 
The list of goods subject to import (and export) licensing, as well as the rules governing the licensing 
of goods (and services), are approved by Govern ment Resolution No. 1037 "On Licensing Export and 
Import of Goods and Services in the Republic  of Kazakhstan" of 30 June 1997.  
The import licensing of ethyl spirit and alcohol be verages was regulated by the Rules approved by 
Government Resolution No. 1031 "On Licensing of Im port of Ethyl Spirit and Alcoholic Beverages in 
the Republic of Kazakhstan" of 27 June 1997.   
Question 62 
Are there any grounds for refusal of issuance of an import licence in this new law? Answer:
 
Pursuant to Article 45 of the Law "On Licensing", issuing a licence may be denied in the following 
cases: 
− engagement in the type of activity which is pr ohibited by laws of the Republic of Kazakhstan 
for the stated category of enterprises; 
− failure to submit the full set of required documen ts in accordance with the Law; in cases when 
the applicant submits the missing documents, the application shall be considered on the 
general basis; 
− failure to pay the activity licence fee in  cases of application for activity licence; 
− failure to meet the required qualification requirements; and 
− in cases when there is a legally enacted court sen tence applied with regard to the applicant, 
which prohibits the applicant to be engaged in certain activities. 
Question 63 
In Annex 8(b) of WT/ACC/SPEC/KAZ/9/Rev.1, co ncerning products subject to import and 
export licensing, the justification for an import li cence for "white spirits,  other weak distillates, 
other medium distillates for specific processes fo r chemical conversion processes" suggests that 
Kazakhstan was considering discontinuing  this import licensing requirement. 
Has Kazakhstan eliminated this import licen sing requirement?  Please update this chart 
accordingly.  WT/ACC/KAZ/67 
Page 54 
 
 
  Answer:  
White spirit and light distillations was  subject to import licensing in conjunction with the quantitative 
restriction (quota) applied for imports of th ese products. According to the Resolution of the 
Government of Kazakhstan No. 457 of 6 April 2001,  the duration of the applied import quota has 
expired on 31 December 2002. 
At the same time, the Government decided to ma intain the import licensing mechanism vis-à-vis the 
abovementioned goods due to the r easons related to  the possible negative consequences/damage to 
human health and environment from the supply of these products to the domestic market.   
At present, licensing of white spirit and distillati ons import is applied in accordance with the 
Resolution of the Government of the Kazakhsta n No. 1037 "On Export and Import Licensing of 
Goods (Works, Services) in the Republic  of Kazakhstan" of 30 June 1997.  
The Annex 8(b) of WT/ACC/SPEC/KAZ/9/R ev.1 will be amended accordingly. 
Kazakhstan is currently consideri ng to make the following commitment: 
[[Kazakhstan confirmed that, from the date of accession, Kazakhstan would not introduce, re-
introduce or apply quantitative restrictions on imports  or other non-tariff measures, such as licensing, 
quotas, bans and other restrictions  having equivalent effect that could not be justified under the 
provisions of the WTO Agreement.  If balance-o f-payment measures were ever necessary in the 
future, Kazakhstan would impose th em in a manner consistent with  the relevant WTO provisions, 
including Articles XII of the GATT 1994 and the Understanding on Balance-of-Payments Provisions of the GATT 1994.]]  
- Customs valuation Question 64 In paragraph 143 of WT/ACC/SPEC/KAZ/9/Rev.1, Kazakhstan explains that "the application 
of price references had been approved by Govern ment Resolution No. 794."   The response to 
Question 71 of WT/ACC/KAZ/66 similarly raises the issue of the fallback method of valuation 
and requests that Kazakhstan more fully describe "reference prices."  The use of such reference 
prices is contrary to the principles of valua tion in the WTO Customs Valuation Agreement.  
How will Kazakhstan bring its customs valuation laws into compliance with the WTO?   
Answer:
 
The Government of Kazakhstan has made a decision to exclude from the Customs Code of 
Kazakhstan the provision allowing customs authorities to use reference prices from the books 
recommended by the Government of Kazakhsta n while applying reserve method of customs 
valuation.  Currently, the relevant draft law is be ing developed by the Govern ment of  Kazakhstan.  
Question 65 Paragraph 148 of WT/ACC/SPEC/KAZ/9/Rev.1, states that customs authorities in Kazakhstan 
have the right to carry out the conditional rel ease of goods, as long as customs duties are 
secured in accordance with the customs value of the goods.  Likewise, part 3 of the response to 
Question 70 of WT/ACC/KAZ/66 addresses surety pr ovisions.  Please note that the Kazakhstan 
Customs Code (Article 321) does not appear to gu arantee that if it becomes necessary to delay 
the final determination of a customs value, the importer shall be able to withdraw the goods from customs if he or she provides sufficient guarantee, as required in Article 13 of the WTO  WT/ACC/KAZ/67 
 Page 55 
 
 
  Customs Valuation Agreement.  How will Kazakhsta n bring its laws into compliance with the 
WTO?   
Answer:  
The Article 13 of the WTO Customs Valuation Agreem ent states that if, in the course of determining 
the customs value of imported goods, it becomes neces sary to delay the final determination of such 
customs value, the importer of the goods shall nevert heless be able to withdraw them from customs if, 
where so required, the importer provides sufficient guarantee in the form of a surety, a deposit or 
some other appropriate instrument, covering the ul timate payment of customs duties for which the 
goods may be liable.   
Article 321 of the Customs Code of Kazakhstan sti pulates that in cases of doubt in reliability of the 
presented customs value, customs body has the right to release the goods provided that the participant 
of the foreign economic activity ensures payment of  customs fees and duties by placing a deposit.  
Most particularly, the Article 321 states that when it is impossible to use the method for determining  
customs value based on the transaction value of imported goods, due to absence of documents confirming the customs value declared by the decl arant, the customs authority shall be entitled to 
conditionally release the goods, pr ovided that the customs duties and taxes are secured in compliance 
with the customs valuation of goods performed by  the customs authority, based on information on 
prices which is available to the customs authority.   
The information on prices, which is available to the customs authorities, shall be generated by the 
authorized body on customs issues w ith use of statistical data that is contained in the customs cargo 
declaration, which was formulated on the basis of reliable, quantifiable and documentarily confirmed 
information. 
The period of time for securing payment of customs payments and taxes shall be sixty calendar days 
starting on the date of release of goods, except for cases  when payment documents must be submitted 
as proving documents and, under the transaction terms, the time limit for payment exceeds the 
specified time period.  
After the declarant submits documents confirming the declared customs value, the amounts securing 
payment of customs payments and taxes shall be re funded (or offset), in compliance with Chapter 43 
of the Customs Code, by filling out a form for adjustment of the customs value. 
According to Article 338 of the Customs Code, th e guarantee of payment of customs payments and 
taxes shall apply upon conditional release of goods s ubject to customs payments and taxes, with use 
of information on prices available to customs in compliance with Article 321 of the Customs Code. 
Furthermore, Article 339 of the Customs Code sti pulates the assurance of payment of customs fees 
and taxes in the following form: 
− collateral; 
− bank guarantee; 
− deposit on the account of the customs body; 
− insurance contract. 
Against the above background, Kazak hstan confirms that the provisions of the Customs Code on 
conditional release of goods is fu lly consistent with the Article 13 of the WTO Agreement on 
Customs Valuation.   WT/ACC/KAZ/67 
Page 56 
 
 
  Question 66 
We appreciate Kazakhstan's promise to incorp orate the Interpretive Notes of the Customs 
Valuation Agreement into the Customs Code.  What is  the status of that process?  What sort of 
legal instrument will be used?  Could Kazakhstan provide the Working Party with a translation 
of the proposed legislation for review?   
Answer:  
The Law of the Republic of Kazakhstan No. 211 "O n Amendments into the Customs Code of the 
Republic of Kazakhstan" of 8 Ja nuary 2007, introduced an amendment into the Article 307 of the 
Customs Code on determination of the customs va lue of  imported goods. The amendment states that 
the customs value of goods imported into the territo ry of the Republic of K azakhstan shall be based 
upon the general principles of customs valuation un der the  General Agreement on Tariffs and Trade 
and the Agreement on Application of Article VII of  the GATT (the amendment made to the Customs 
Code of Kazakhstan are available th rough document WT/ACC/KAZ/67/Add.1). 
Question 67 
Please identify where in Kazakhstan's legislation or regulations the information regarding rate 
of exchange, confidentiality and publication requirements set forth under Articles 9, 10 and 12 
of the WTO Customs Valuation Agreement are met?  Please provide copies of any other laws or regulations that implement provisions of the WTO Customs Valuation Agreement? 
Answer:
 
Regarding rate of exchange:  According to Article 303 of the Customs Code, in cases when 
conversion of foreign currency is required to calculate customs paym ents and taxes and to determine 
the customs value of goods, the official exchange rate of the foreign curre ncy versus the national 
currency of the Republic of Kazakhs tan shall be used.  For payments, which are related to customs 
clearance of goods, the official exchange rate effe ctive on the date of registration of the customs 
declaration shall be used.  For payments, which are not related to customs clearance of goods, the 
official exchange rate effective on the date wh en the customs payment is made shall be used. 
Regarding confidentiality requirement:  According to  Article 26 of the Customs Code, data, submitted 
to the customs authorities by other state bodies, by participants of foreign economic activity and other activity in customs sphere shall be used solely in  the customs sphere in accordance with the customs 
legislation of the Republic of Kazakhstan.  
Data which is deemed as the state secrets, commercial and other secret protected by the law, as well 
as confidential information, concerning participants  of foreign economic activity and other activity in 
the customs sphere, can not be disclosed, used by cu stoms officials in personal purposes or transferred 
to the third parties, except for cases stipulated in paragraph 3 of Article 26 of the Customs Code.  
Paragraph 3 of Article 26 states that upon official re quest, Customs authorities shall submit the data to 
the following state authorities of the Republic of Kazakhstan: 
− to law enforcement bodies - for the purpose of  legal prosecution of persons that have 
committed offences in the sphere of customs activity;  
− to courts - upon their request;  
− to subjects of operational and investigative activity - with regard to materials under 
production in compliance with the procedures set forth in joint orders of the authorized body on customs issues and corresponding subjects of operational and investigative activity; and  WT/ACC/KAZ/67 
 Page 57 
 
 
  − to other state bodies of the Republic of Kazakhstan - in accordance with the legislative acts of 
the Republic of Kazakhstan. 
Customs authorities shall submit the data to cust oms authorities or law enforcement bodies of other 
states, and to international organizations, in complia nce with international agreements of the Republic 
of Kazakhstan. 
State bodies shall ensure confidentiality of informa tion received by them, in compliance with the laws 
of the Republic of Kazakhstan. 
Regarding publication requirement:  Article 30 of the Customs Code states that providing with 
information in the sphere of customs activity shall be accomplished by way of official publication by  
customs authorities of normative legal acts of Kazakhstan in periodical press.   
Providing with information in the sphere of cu stoms activity shall also be accomplished through 
verbal explanations and announcemen ts, information stands, data disp lays, booklets and other printed 
materials, as well as video, audio, and other t echnical means used for information distribution, 
including those available to the public for unpaid familiarization in the following places: 
− checkpoints at the customs border of the Republic of Kazakhstan; 
− airports, railway and automotive terminals, and seaports; 
− on board of motor means of transport, aircraft, and  marine vessels i nvolved in international 
traffic; and 
− customs control zones identified by this Code, and in other places determined by customs 
authorities. 
Customs authorities shall provide free access for partic ipants in foreign economic and other activity to 
information on current normative legal acts of the Republic of Kazakhstan in the sphere of customs 
activity through the use of information technologies,  in compliance with the procedures set forth by 
the authorized body on customs issues.  
In accordance with Article 31 of the Customs Code , consulting in the sphere of customs activity 
means explanation by customs authorities to particip ants in foreign economic and other activity of the 
provisions of the customs legislation of  Kazakhsta n. Consulting shall be provided at the place of 
location of customs authorities and within the business hours of customs authorities. 
Written consulting shall be provided by customs authorities based upon a written inquiry received 
from participants in foreign economic and other ac tivity, including with the use of information 
technologies. Inquiries received shall be subject to mandatory registration by customs authorities.  
The time limit for considering a written inquiry sha ll not exceed ten working days from the day of its 
registration, except in cases identified by Paragraph 4 of Article 31.  
Paragraph 4 stipulates that with regard to inqui ries requiring submission of supplementary documents 
and files in order to provide valid and objective consultation, as well as in cases where customs 
authorities have to address other state bodies and othe r organizations to get information that is of 
significant importance in terms of consideration of the inquiry received, consultation shall be 
provided no later than thirty calendar days fro m the date a written inquiry was registered.  
Article 32 states that customs officials shall bear responsibility in accordance with the laws of the 
Republic of Kazakhstan for providing with incomplete , or deliberately false information, or illegal 
refusal to provide with the information in the sphere of customs activity.  
All information on laws, normative legal acts and othe r decisions in the field of customs activity is 
presented on the website " www.customs.kz ." WT/ACC/KAZ/67 
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  Question 68 
We note Kazakhstan's description of a "reserve"  method for valuation of imports in cases 
where the other five methods of customs valuation  cannot be applied.  We remain concerned 
that the use of Government recognised reference books would provide a means of applying 
administered valuations.  Furthermore, the meaning of the sentence "as a rule, information 
reference books used in Kazakhstan contain pri ces from specific producers and are applied to 
specific goods" is unclear.  We seek clarification of the following: 
What are the nature of the prices included in these reference books? 
Answer:  
The Government of the Republic of Kazakhstan has made the decision to eliminate the norm on use of 
reference books determined by the Government of the Republic of Kazakhstan by the customs 
authorities while applying the reserve method to de termine customs value.  At present Kazakhstan is 
in the process of developing the corresponding Draft Law. 
Question 69 
What legal provisions/regulations govern the use of the ‘reserve method? 
Answer:  
The use of the reserve method is governed by the Article 314 of the Customs Code of the RK. When 
using the reserve method to determine customs value, the following may be utilized: 
− informational reference books determined by th e Government of the Republic of Kazakhstan; 
and 
− statistical data, generally accepted commission ra tes, discounts, profit, transport rates and 
other data. 
In the process, the appropriate adjustment of data  shall be mandatory, taking into account commercial 
standards (wholesale, retail) and/or the quantity of goods being valued.  When using the reserve 
method to determine customs value, information that  the customs authorities have, may also be used. 
Question 70 
Do these legal provisions/instructions clearly pr ohibit the use of selling prices of goods produced 
in Kazakhstan in the calculation of customs value as per Article 7:2 of the Customs Valuation 
Agreement? 
Answer:  
Pursuant to Article 314 of the Customs Code of th e RK, the following shall not be used as a basis for 
determining the customs value of goods based  on the reserve method (please note point 4): 
1.  the price of the goods on the domestic market of the country of export; 
2.  systems, which stipulate the use of the hi ghest value from two alternative values for customs 
purposes; 
3.  the price of goods supplied by the country of export to third countries; 4.  the price of the goods on the domestic market  of the Republic of Kazakhstan in relation to 
domestic goods; 
5.  an arbitrarily established or unconfirmed value of goods;  WT/ACC/KAZ/67 
 Page 59 
 
 
  6.  the value of identical or similar goods determ ined on the basis of expenses not stipulated by 
Article 313 of the Code; and 
7.  the minimum customs value. 
Question 71 
Do the legal provisions/instructions clearly capture the other provisions of Article 7.2 - inter alia  
- ruling out minimum customs values, mandatory use of the higher of two alternative values 
etc? 
Answer:  
Pursuant to Article 314 of the Cust oms Code of the RK, the following shall not be also used as a basis 
for determining the customs value of goods based  on the reserve method (please note point 2): 
1.  the price of the goods on the domestic market of the country of export; 
2.  systems, which stipulate the use of the hi ghest value from two alternative values for customs 
purposes; 
3.  the price of goods supplied by the country of export to third countries; 4.  the price of the goods on the domestic market  of the Republic of Kazakhstan in relation to 
domestic goods; 
5.  an arbitrarily established or unconfirmed value of goods; 6.  the value of identical or similar goods determ ined on the basis of expenses not stipulated by 
Article 313 of the Code; 
7.  the minimum customs value.  
- Rules of origin  Question 72 Paragraph 152 of WT/ACC/SPEC/KAZ/9/Rev.1 st ates that Kazakhstan has indicated that 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 co untries, and to customs unions.  What is the 
status of this law? 
Answer:
 
The Law of the Republic of Kazakhstan No. 62 "On Amendments and Addenda to the Customs Code 
of the RK" of 20 June 2005 introduced amendments  into the paragraph 2 of the Article 33 of the 
Customs Code ("Determining the Country of Origin of Goods").  According to the current version of 
paragraph 2 of Article 33, for the purposes of appli cation of tariff and non-tariff regulatory measures, 
the country of origin of goods could be a group of  countries and customs unions of the countries.   
Question 73 
Paragraph 156 of WT/ACC/SPEC/KAZ/9/Rev.1 stat es that Kazakhstan plans on introducing an 
amendment to the Customs Code to ensure full compliance with the provisions of Article 2(h) 
and Annex II, paragraph 3(d) of the WTO Agreement on Rules of Origin.  What is the status of 
this proposed amendment? WT/ACC/KAZ/67 
Page 60 
 
 
  Answer:  
The Law of the Republic of Kazakhstan No. 211 "O n Amendments into the Customs Code of the 
Republic of Kazakhstan" of 8 January 2007 introduced an amendment into the Article 47 
("Preliminary decision") of the Customs Code.  Acco rding to the amended vers ion of Article 47, upon 
request of a person (applicant), customs authorities,  except for the customs points and checkpoints, 
shall make preliminary decision on the determination of the origin of goods when the information on 
the goods is available and presented in accordan ce with the Article 48 of the Customs Code. 
Preliminary decisions with regard to determination of the country of origin shall be adopted when 
preferential and non-preferential regimes are applied.  
Furthermore, the provision imposing doubled rate of customs duties when importing goods in cases 
when country of origin is not determined was eliminated from Article 42 of the Customs Code.  
- Other customs formalities 
Question 74 
In paragraph 158 of WT/ACC/SPEC/KAZ/9/Rev. 1, Kazakhstan promises to abolish the 
registration and licensing procedures for curre ncy control.  Have those procedures been 
abolished?  In addition, in paragraph 26 of WT/ACC/SPEC/KAZ/9/Rev.1, Kazakhstan 
promised to simplify the process for obtaining a transaction passport.  Has that simplification 
occurred?  If so, please describe the new, simplif ied requirements and procedures for obtaining 
a transaction passport.  
Answer:  
According to the Law of the RK No. 57 "On Currency Regulating and Currency Control" of 
13 June 2005 from 1 January 2007: 
− the licensing requirements for all types of currency transactions are eliminated; and 
− repatriation terms of the nati onal and foreign currency for foreign-trade transactions  are 
determined by the provisions of the contract s with non-residents.  Until 1 January 2007, the 
repatriation term for all foreign-trade transacti ons was set as 180 days and the prolongation of 
the repatriation term required the licence issued by the National Bank.  
With the purpose to conduct statistical monitori ng, information on currency transactions undertaken 
by residents is provided within the framework of  the regime on registration and notification of 
currency transactions. The regime obliges the resi dent to notify on currency transactions being 
undertaken, but shall not impede implementation of the currency transaction.       
As of 1 January 2007, the new Rules on Export- Import Currency Control have been enacted in 
Kazakhstan.   
According to the new Rules, the procedures for issu ing a transaction passport have been significantly 
simplified.  The transaction passport is issued  only by the commercial bank of the exporter or 
importer, the terms do not create any additional requireme nts or barrier for foreign trade transactions.    
Most particularly, the procedures for issuing a transaction passport have been simplified in the 
following ways (for more detailed analysis please also see the comparative table provided in Annex 1): 
− Transaction passport is now issued only by th e commercial bank of exporter or importer, 
while according to the previous procedure, in  order to obtain a transaction passport, the  WT/ACC/KAZ/67 
 Page 61 
 
 
  exporter or importer had to apply first to the customs authority and then to the commercial 
bank; 
− Transaction passport contains the information on parties to the transaction and terms of the 
contract (the total value of the contract, currency of payment and means of payment). 
Previously, a transaction passport in additi on to the abovementioned information also 
contained:  (i) passport or other details of the head of the company which is involved in 
exportation or importation of goods, (ii) the bank account details used for payment 
transactions, (iii) address of the relevant tax au thority, and (iv) the list of exported/imported 
goods with attached specifications; 
− The repatriation terms of the national and foreig n currency for foreign-trade transactions  are 
determined by the provisions of the foreign trad e contracts with non-residents. Previously, the 
repatriation term for all foreign-trade transac tions was 180 days and the prolongation of the 
repatriation term required a licen ce issued by the National Bank; 
− In order to obtain a transaction passport, th e exporter/importer is not obliged now to present 
other documents, which are required by the cu rrency legislation. Previously, a transaction 
passport was issued only upon presentation of  the documents required by the currency 
legislation (such as licensing and registration documents); 
− Transaction passport is now issued without impos ing any additional requirements to the terms 
stipulated in the foreign trade contract.  Pr eviously, a transaction passport was issued only 
provided that the terms for return of goods a nd payments in cases of failures to meet the 
contractual obligations were clearly  stipulated in the contract; and 
− Transaction passport does not require any approval process and any fees imposed by the 
commercial banks servicing the exporter or importer.  Time period for issuing a transaction passport shall not exceed two working days. 
In conclusion, it is important to note that simp lified procedures for issuing a transaction passport do 
not create additional burden for or serve as a barrier  to foreign trade operations. Thus, a transaction 
passport is used only for keeping a statistical r ecord and for foreign trade monitoring.      
Question 75 
Please provide additional information on the protection of confidential information under the 
UAIS.   
Answer:
 
The Customs Control Committee, based on relevant national legislation on information security, uses 
standard software to ensure info rmation security in its system.  
According to Article 26 of the Customs Code, data, submitted to the customs authorities by other state 
bodies, by participants of foreign economic activity a nd other activity in customs sphere shall be used 
solely in the customs sphere in accordance with  the customs legislation of the Republic of 
Kazakhstan.  
Data which is deemed as the state secrets, commercial and other secret protected by the law, as well 
as confidential information, concerning participants  of foreign economic activity and other activity in 
the customs sphere, can not be disclosed, used by cu stoms officials in personal purposes or transferred 
to the third parties, except for cases stipulated in paragraph 3 of Article 26 of the Customs Code.  
Paragraph 3 of Article 26 states that upon official re quest, Customs authorities shall submit the data to 
the following state authorities of the Republic of Kazakhstan: 
− to law enforcement bodies - for the purpose of  legal prosecution of persons that have 
committed offences in the sphere of customs activity;  WT/ACC/KAZ/67 
Page 62 
 
 
  − to courts - upon their request;  
− to subjects of operational and investigative activity - with regard to materials under 
production in compliance with the procedures set forth in joint orders of the authorized body on customs issues and corresponding subjects of operational and investigative activity; and 
− to other state bodies of the Republic of Kazakhstan - in accordance with the legislative acts of 
the Republic of Kazakhstan. 
Customs authorities shall submit the data to cust oms authorities or law enforcement bodies of other 
states, and to international organizations, in complia nce with international agreements of the Republic 
of Kazakhstan. 
State bodies shall ensure confidentiality of informa tion received by them, in compliance with the laws 
of the Republic of Kazakhstan. 
According to Article 10 of the Law of the Repub lic of Kazakhstan  No. 217 of 11 January 2007 "On 
Informatization", electronic resources that contai n information, access to which is restricted by 
legislation of the Republic of Kazakhstan are classified as electronic resources with restricted access. 
According to Article 42 of the Law, national opera tor of the informational system, which contains 
electronic resources with restricted access, shall ensure full protection of information and undertake 
measures aimed at:  
− prevention of illegal access to  electronic information resources; 
− timely detection of illegal access to electronic information resources;  
− minimization of negative effect in the case of illegal access to electronic information 
resources;  
− prevention of any influence on the processing facilities and transmission of electronic 
information resources; and 
− fast recovery of electronic information res ources changed or deleted as a consequence of 
illegal access. 
- Anti-dumping, countervailing duties, safeguard regimes 
Question 76 
We thank Kazakhstan for the amendments to its legislation on antidumping, countervailing and 
safeguard measures.  Are there any regulations that provide further details on how these laws will be interpreted and implemented?   
Answer:
 
With the purpose of enforcing the Laws of the Re public of Kazakhstan No. 337 "On Measures of the 
Domestic Market Protection when Importing Goods" of 28 December 1998,  No. 321 "On Anti-
dumping Measures" of 13 July 1999 and No. 441-1 "On Subsidies and Countervailing Measures" of 
16 July 1999, the Resolution of the Government of the Republic of Kazakhstan No. 1374 has been 
adopted on 9 September 2000 which established th e Rules for conducting investigation preceding 
imposition of safeguard, counterva iling and anti-dumping measures. 
The mentioned Rules determine the order of the investigation on the introduction of safeguard, 
countervailing and anti-dumping measures, relations hip, rights and liabilities of state bodies and 
interested parties with the purpose of protection of domestic producers and providing assistance when 
settling an investigation.  WT/ACC/KAZ/67 
 Page 63 
 
 
  In particular, the Rules establish: 
− the form of application for examination on imposition of safeguard, countervailing and anti-
dumping measures; 
− the list of documents necessary for accepta nce of application for consideration; 
− terms of consideration of application; 
− criteria on making a decision on imposition of measures under consideration; and 
− basis for rejection in consideration of app lication or imposition of safeguard, countervailing 
and anti-dumping measures. 
Rules also provide for protection of confidential info rmation, obligatory notification of all interested 
parties and procedure of reconsideration of estab lished safeguard, countervailing and anti-dumping 
measures. 
Resolution of the Government of the Republic  of Kazakhstan No. 1374 has been adopted on 
9 September 2000 containing the text of th e Rules is available through document 
WT/ACC/KAZ/67/Add.1.   
Question 77 
We note that the definition of a subsidy in Article 7 of Kazakhstan's Law "On subsidies and 
countervailing measures" does not specifically mentio n the concept of "benefit."  Please explain 
where the concept of a "benefit" is addressed  in Kazakhstan's countervailing duty law and 
confirm that the definition of a subsidy in Article 7 of Kazakhstan's Law "On subsidies and 
countervailing measures" conforms to the definiti on provided in Article 1 of the WTO Subsidies 
Agreement.    
Answer:  
The definition of a subsidy in paragraph 16 of Article 1 of the Law No. 441-1 "On Subsidies and 
Countervailing Measures" of 16 July 1999 contains the concept of "benefit ". According to this 
definition, "subsidy - the financial support provided by foreign state (confederation of foreign states), 
if benefit will be conferred by means of: 
− direct transfer of cash means or committed to make transfer;  
− full or partial exemption from tax, customs or other payments;  
− cancellation of debts or provision of credits aimi ng to provide assistance to cover such debts;  
− favourable or gratuitous provision of energy, ma terials, parts, semi-products, services, except 
goods and services intended for support and developm ent of infrastructure not related only to 
one provider;  
− favourable acquisition of goods;  
− government order to non-governmental organi zations to conduct one or several support 
measures stated above; and 
− any price support and profit, if such leads to get additional profit." 
Thus, the definition of a subsidy in the Law "O n Subsidies and Countervailing Measures" conforms 
with the definition provided under Article 1 of the WTO Agreement on Subsidies and Countervailing 
Measures. 
Kazakhstan is currently consideri ng to make the following commitment: 
[[Kazakhstan would not apply any anti-dumping, countervailing and safeguard measures until it had 
notified and implemented appropriate  laws in conformity with the provisions of the WTO Agreements WT/ACC/KAZ/67 
Page 64 
 
 
  on the Implementation of Article VI, on Subsidi es and Countervailing Measures, and on Safeguards. 
In the elaboration of any legislation concerni ng such anti-dumping, countervailing and safeguard 
measures Kazakhstan would ensure their full confor mity with the relevant WTO provisions, including 
Article VI and XIX of the GATT 1994 and the Agreem ents on the Implementation of Article VI, the 
Agreement on Subsidies and Countervailing Measures and the Agreement on Safeguards.  After such 
legislation was implemented, Kazakhstan would only apply any anti-dumping duties, countervailing 
duties and safeguard measures in full conformity with the relevant WTO provisions.]]     
B. EXPORT REGULATIONS 
- Customs tariffs, fees and charges for services rendered, application of internal taxes to 
exports 
Question 78 In paragraphs 173 and 176 of WT/ACC/SPEC/KAZ/ 9/Rev.1 Kazakhstan notes that it applied 
export duties on a MFN basis, except for ex ports to member States of the Customs Union 
between Kazakhstan, Belarus, the Russian Fed eration, the Kyrgyz Republic and Tajikistan.  
Why does Kazakhstan exempt from export duties those exports to only the countries of the 
customs union, but not partners of other regional trade agreements? 
Answer:
 
Pursuant to Article 331 of the Customs Code of the RK, goods exported from the customs territory of 
the Republic of Kazakhstan to countries that are part ies to the free trade area agreements and customs 
union agreement concluded with participation of the Republic of Kazakhstan, are exempt from 
customs duties.  
Kazakhstan is currently a party to the Free Trade Area Agreement signed states on 15 April 1994 
between 12 CIS member, including Azerbaijan, Arme nia, Belarus, Georgia, Kyrgyzstan, Moldova, 
Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan.   
Based on the abovementioned multilateral agreemen t between CIS members, Kazakhstan has signed 
bilateral agreements on trade a nd economic cooperation with each of the CIS member states, which 
also envisage free trade regime between them, exce pt for narrow list of exemptions, based on which 
import duties are maintained normally towards goods subject to excise tax.     
Kazakhstan is also a party to the Agreement on Es tablishment of the Customs Union concluded with 
Belarus, Kyrgyzstan, Russia and Tajikistan on 26 February 1999 within the framework of the 
Eurasian Economic Community (EurAsEC).  It shoul d be noted that Kazakhstan has established with 
EurAsEC member states a full-pledged free trade regime without application of both import and 
export duties in bilateral trade with all goods.  Uzbe kistan announced its political decision to join  
EurAsEC on 26 October 2006 and currently is undert aking steps towards stag ed membership with 
agreements signed between EurAsEC member states.  
Based on the above, Kazakhstan applies export duty exemptions to goods e xported to both EurAsEC 
member states and all other CIS countries.   
Question 79 
A Member is permitted an exemption from its MF N requirement in the application of its export 
(and import) duties if it does so in the contex t of a regional trade agreement, as defined under 
Article XXIV.   Is the Eurasian Economic Co mmunity (EurAsEC) a customs union, as defined  WT/ACC/KAZ/67 
 Page 65 
 
 
  under Article XXIV:8(a)?  To what extent have the members of the EurAsEC eliminated duties 
on trade between them, and harmonized their external tariffs? 
Answer:  
As mentioned in earlier, Kazakhstan is a party to  the Agreement on Establishment of the Customs 
Union concluded with Belarus, Kyrgyzstan, Russia,  Tajikistan and on 26 February 1999 within the 
framework of the Eurasian Economic Community (Eur AsEC).  It should be not ed that Kazakhstan has 
established with EurAsEC member states, except for Uzbekistan, a full-pledged free trade regime 
without application of both import and export duti es in bilateral trade with all goods.     
With regard to trade with third countries, EurAsE C member states conduct coordinated efforts aimed 
at staged unification of their trade policy towards third countries.  Most particularly, based on the 
Agreement on Establishment of the Customs Union,  EurAsEC member states undertake coordinated 
decisions on  tariff preferences and introduction or removal of tariff and non-tariff measures applied 
towards third countries.    
On 6 October 2007, the heads of three member-states of the Eurasian Economic Community 
(EurAsEC) signed the Agreement on Creation of a Single Customs Territory and Formation of the 
Customs Union and the Agreement on the Commissi on of the Customs Union. These documents are 
aimed at establishing the legal framework for th e future customs union and envisage the phased 
delegation of the national governments' functions  on regulation of external trade policy to the 
supranational body- the Commission of the Customs Union.  
Currently, within the framework of  EurAsEC, the negotiations have  started between three member 
states the Russian Federation, Republic of Belaru s, Republic of Kazakhstan - with the purpose to 
establish a common external import tariff.  Approxi mately 45 per cent of Kazakhstan's applied import 
tariffs have been harmonized with the applied import tariffs of the Ru ssian Federation and the 
Republic of Belarus.       
The remaining three other member-states of the Eu rAsEC - Kyrgyzstan, Tajikistan and Uzbekistan - 
will join the single customs tari ff according to their readiness.  
Question 80 
Article 2 of the Agreement between Kazakhstan and the European Union on Trade in Certain 
Steel Products, described in paragraph 173 of  WT/ACC/SPEC/KAZ/9/Rev.1, exempts exports 
of steel scrap and waste to the EU from quant itative restrictions, customs duties, charges or 
similar measure.  This provision appears to provi de preferential treatment to exports of steel 
scrap and waste to the EU, in violation of Article I of the GATT.  How and when will 
Kazakhstan bring this provision into compliance with its WTO obligations? 
Answer:  
Preferential regime in the form of exemption fro m payment of export duties granted by Kazakhstan 
for its exports of ferrous scrap and waste to th e European Union is based on Article 2 of the 
Agreement between Kazakhstan and the EU on Trade in Certain Steel Products.  According to this 
Agreement, EU applies quantitative restrictions  to imports of steel and steel products from 
Kazakhstan, the volume of which is agreed upon on a yearly basis  as a result of bilateral negotiations. 
Kazakhstan believes that upon its accession to the WTO, the above mentioned provisions of the 
bilateral agreement between Kazakhs tan and EU will not be valid.  WT/ACC/KAZ/67 
Page 66 
 
 
  Upon its accession to the WTO, in accordance with Article 1 of GATT 1994, Kazakhstan will apply 
its both export and import duties on a MFN basis with  regard to goods imported from and exported to 
all WTO member states.  
The exception will be made with regard to trade w ith countries that are parties to regional and 
bilateral free trade agreements and the agreements  on creation of the customs union with Kazakhstan 
in line with provisions of Article XXIV of GATT 1994.  Preferential treatment will also apply to 
imports of certain goods from developing countries included into Kazakhstan's General System of 
Preferences.         
Kazakhstan also believes that, upon its accession to  the WTO, in accordance with Article XI of 
GATT 1994, EU member states will discontinue app lication of import quotas towards steel products 
exported from Kazakhstan.  
- Export restrictions 
Question 81 We appreciate Kazakhstan's readiness to commit to apply export restrictions in compliance 
with the WTO.  Please describe the steps Kazakhstan is taking to bring its legislation on export 
restrictions into compliance with the WTO. 
Answer:
 
Currently Kazakhstan applies export bans with  regard to lumber and paper wastes.  
According to the data provided as a result of the st ate counting of the forests reserves of Kazakhstan, 
coverage of the territory of Kazakhstan with the fo rest accounts for 4.2 per cent, including high forest 
coverage of around 1.2 per cent.  The statistics show that Kazakhstan's own wood stocks are highly 
limited.  
Therefore, with the purpose to maintain the ecological balance and prevent deforestation of the 
country through prohibition of illegal cutting of trees, the Government of Kazakhstan adopted the 
Resolution No. 681 of 10 July 2003, which imposed  bans on exportation of lumber, saw-timber and 
certain wood products.   
In accordance with the Resolution of the Gove rnment No. 460 of 23 April 2004, the Government 
banned for the ten-year period cu tting of coniferous and saxaul trees in state forest reserves.  
Taking into consideration forest-poor territory of Kazakhstan, in accordance with the Resolution of 
the Government No. 908 of 27 August 2004, exporta tion of reusable paper, cardboard, raw paper 
materials and paper wastes (HS Eu rAsEC 4707) is also prohibited.  
In accordance with Article XI of GATT 1994, in 2005, the Government of Kazakhstan eliminated 
seasonal export bans applied to mazut (black oil), diesel, gasoline and other oil products.  Instead, as 
of March 2006, these goods are subject to export duties applied based the Resolution of the 
Government of the Republic of Kazakhstan No. 1036 "On Imposition of Customs Duties upon Export 
from the Customs Territory of the Republic of Kazakhstan Crude Oil and Goods Produced from 
Crude Oil" of 15 October.  WT/ACC/KAZ/67 
 Page 67 
 
 
  - Export subsidies 
Question 82 Please confirm that Kazakhstan will eliminate a ll prohibited subsidies within the meaning of 
Article 3 of the WTO Agreement on Subsidies and Countervailing Measures, and Article XVI of 
the GATT 1994, at all levels of government, whic h are contingent upon export performance or 
the use of domestic over imported goods as of the date of accession.   
Please also confirm that Kazakhstan will administer any subsidy programs in place or 
established after accession at all levels of government in conformity with the WTO Agreement on Subsidies and Countervailing Measures. 
Answer:
 
In order to be able to undertake the aboveme ntioned commitment upon accession to the WTO, the 
Government of Kazakhstan is currently analyzing its  legislative/regulatory framework used as a basis 
for granting preferential treatment or subsidies. 
Following these analysis, Kazakhsta n will provide additional informa tion on the criteria used for 
application of subsidies in the country.    
Question 83 Paragraph 191 of WT/ACC/SPEC/KAZ/9/Rev.1 expl ains that Order No. 24-OD "On Adoption 
of Rules for Introduction and Discontinuation  of Decreasing Coefficients for Tariffs on 
Regulated Rail Freight" of 30 December 1999 was invalidated in August 2004 and replaced by Order No. 375-OD of 8 September 2004.   
Please explain whether any companies continue to receive benefits under Order No. 24-OD.   
If so, please confirm that Kazakhstan will not gra ndfather any existing subsidy benefits that are 
inconsistent with the WTO Subsidies Agreement.   
Please also confirm that benefits provided under Order No. 375-OD with regard to on railway 
tariffs are not contingent upon export or the use of domestic over import goods.   
Answer:
 
Pursuant to the Law of the Republic of Kaza khstan "On Natural Monopolie s" introduction of the 
provisional decreasing coefficient is one of the fo rms of state regulation of entities considered as 
natural monopolies.  
The Order of the Chairman of the Agency of th e Republic of Kazakhstan on Regulation of Natural 
Monopolies, Protection of Competition and Small Business Support of 30 December 1999 No. 24- ОD 
"On Adoption of Rules for Introduction and Disconti nuation of Decreasing Coefficients for Tariffs on 
Regulated Rail Freight Subject to State Regulation" became invalid according to the Order of the Chairman of the Agency of the Republic of Kazakhstan on Regulation of Natural Monopolies, 
Protection of Competition No. 377-OD of 5 August 2004.  
The decisions made based on Order No. 24-OD on in troduction of temporary decreasing coefficients 
to tariffs on regulated rail freight are not currently effective.  WT/ACC/KAZ/67 
Page 68 
 
 
  With the purpose of implementation of the Program of Restructuring of Rail Freight, the Rules on 
Introduction and Discontinuation of Provisional Decr easing Coefficients for Tariffs (prices, duty 
rates) on Services of Main-line Railway Netw ork were approved by adoption of the Order 
No. 375-OD of 8 September 2004.   
According to the Rules, one of the key principl es used in introduction of a temporary decreasing 
coefficient is its approval based on calculati on of economic efficiency and expediency (or 
justification) of this measure for the state, operato r of the main-line railway network and a consumer.  
As the Rules stipulate, the set of criteria used in decision-making on application of  decreasing 
coefficients for tariffs (prices, duty rates) for regul ated services of main-line railway network include 
the following:  
− Declared turnover of goods exceeds (maintains ) the factual turnover for the corresponding 
period of the previous year;  
− Use of the insufficiently used (or unused be fore) parts of main-line railway network;  
− Ecological danger from sideline pr oducts of industrial productions; 
− Provision of equal tariff conditions for acces s to regulated services of main-line railway 
network; and 
− Social importance of carriage/transportation of passengers 
According to the Rules, criteria used for provision of decreasing coefficients with regard to tariffs 
charged for services of the main-line railway networ k are not contingent upon export or the use of 
domestic over imported goods.   
C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS 
- Industrial policy, including subsidies Question 84 Paragraph 194 of WT/ACC/SPEC/KAZ/9/Rev.1 states that tax preferences granted under the 
Law "On Foreign Investments" (subsequently replaced by the new Law "On Investments") 
would be in effect until the expiration of the terms of the contracts.   In other words, the existing 
preferences were "grandfathered" in the new law.   Please confirm that from the date of 
accession, Kazakhstan will eliminate any existing subs idy benefits that are inconsistent with the 
WTO Subsidies Agreement.   
Answer:
 
The main objective of state preferences stipulated in the Law "On Investments" adopted on 
8 January 2003 is establishment of a favourable invest ment climate for diversification of the national 
economy through building new industries or expand ing the operating productions with the use of 
modern technologies, professional development of national cadre and protection of environment. 
Therefore, the criteria used by the state within th e Law "On Investments" fo r granting of investment 
preferences are not contingent upon export performance or import-substitution.   
From 1997 - 2003, the Government of Kazakhstan concluded 343 investment contracts.  The terms of 
these contracts have already expired, except for 15 contracts, which will expire early 2009.  
Therefore, the existing preferences are not "grandfathered" in the new law.   WT/ACC/KAZ/67 
 Page 69 
 
 
  In order to be able to undertake the aboveme ntioned commitment upon accession to the WTO, the 
Government of Kazakhstan is currently analyzing its  legislative/regulatory framework used as a basis 
for granting preferential treatment or subsidies. 
Following these analysis, Kazakhsta n will provide additional informa tion on the criteria used for 
application of subsidies in the country.    
Question 85 
Paragraph 200 of WT/ACC/SPEC/KAZ/9/Rev.1 describes a free wareho use regime for the 
automobile industry, which contains local co ntent requirements. The free warehouse regime 
also provides for tax incentives, specifically VAT and import duty exemptions on the purchase 
of certain goods.  Because the incentives under this program are contingent upon the use of 
domestic over imported goods, they appear to constitute a prohibited import substitution 
subsidy.  Please explain how Kazakhstan plans to bring this program into compliance with 
obligations under the WTO Subsidies Agreement.  
As we have noted before, to facilitate progress in  this area, we encourage Kazakhstan to make a 
comprehensive subsidy notification as provided under Article 25 of the Subsidies Agreement.  
Answer:  
Currently Kazakhstan is preparing relevant ame ndments to the legislation of the Republic of 
Kazakhstan concerning the "Free warehouse" regime .  According to the draft amendments, the 
requirement to use domestic goods over imported goods  in order to receive the tax and import duty 
preferences will be eliminated upon the implementati on of the proposed amendments.  It should also 
be noted that regulations related to taxes and import duties will be applied in a non-discriminatory 
manner to all products produced at "Free warehouses ".  The new legislation will be provided to the 
Working Party as soon as possible. 
The draft amendments are aimed at bringing the "F ree warehouse" regime applied in Kazakhstan into 
compliance with the Article III of the GATT, TR IMs and SCM Agreements.  Please note that 
Kazakhstan is compiling and analyzing information related to subsidy notif ications under Article 25 
of the SCM Agreement.  
Question 86 
Regarding the JSC "Small Business Developm ent Fund", described in paragraph 201 of 
WT/ACC/SPEC/KAZ/9/Rev.1, is assistance from th is fund contingent on any domestic content 
or export performance requirements?   
Answer:  
According to the Government Resolution of the Re public of Kazakhstan No . 286 "On Implementation 
of the Presidential Decree of the Republic of K azakhstan No. 65 of 16 March 2006", state shares 
(100 per cent) of the JSC "Small Business Developmen t Fund" (hereinafter Fund) were transferred to 
the JSC "Kazyna" (hereinafter "Kazyna").  
According to the Decision of the shareholder ("Kaz yna") No. 57 of 24 October 2007, the Fund is no 
longer in charge of such functions as direct project financing and fina ncial leasing of small 
businesses. 
According to the Government Resolution of th e Republic of Kazakhstan No.1039 "On Approval of 
the Priority Actions Plan on Ensuring Stability of Social and Economic Development of the Republic WT/ACC/KAZ/67 
Page 70 
 
 
  of Kazakhstan" of 6 November 2007, the Fund has b een given the right for a conditional placement of 
the Fund's resources on a competitive basis in second tier banks of the Republic of Kazakhstan for 
provision of credits for small and medium businesses projects.  The conditions for placement of the 
Fund's resources in commercial banks are set in  the Memorandum on Credit Policy of the Fund. 
With the purpose of financing of the projects of  small and medium businesses, the JSC "Kazyna" 
provides financial resources to the Fund, which are allocated through the network of the second 
(lower) tier banks.  Priority is given to the ne wly established and operational projects, which create 
new jobs in the regions, and  contribute to develo pment and diversification of the economy of a given 
region.  
The Fund does not interfere into the internal po licy and decision-making procedures of second tier 
banks with regard to selection of the projects for fi nancing.  The banks are fully responsible for the 
risks they take with financing projects just as in the case of conducting their own normal commercial 
business. The annual interest rate charged for credits  to small and medium sized enterprises is set by 
each commercial bank individually.  
The decisions on the list of partner second tier banks and the size of financial resources for allocation 
into each of the banks are made by State Commission on Modernization of the Economy of the 
Republic of Kazakhstan. 
In order to receive a credit, a potential borrower sh ould have a stable busin ess for not less than three 
months, or six months or 12 months depending on th e size of credit, or starting business with not less 
than 30 per cent capital participation of a borrower. 
Currently, the maximum amount of credit which each  borrower (SME) could receive from the Fund 
through the second-tier bank is limited to 120,000 Monthly Calculation Indexes (approximately 
US$1,163 million).     
Against the above background, Kazakhstan confirms  that credits provided by the Fund through 
second-tier commercial banks of Kazakhstan to small and medium size enterprises are not contingent 
on any import substitution or e xport performance requirements. 
Question 87 
Are small businesses with foreign equity eligible for assistance?   
Answer:  
The Fund finances projects implemented by small and medium size businesses of Kazakhstan.  In 
order for small business with foreign equity to be eligible for receiving financing from the Fund, not 
less than 51 per cent of the capital of small and medium size enterprise should be in the private 
property of residents of the Republic of Kazakhstan. 
- Technical barriers to trade, standards and certification 
Question 88 The draft Working Party Report needs be updated to replace vague references in 
WT/ACC/SPEC/KAZ/9/Rev.1 with clear and p recise references.  For example, since Law 
No. 603-II "On Technical Regulating" has been  in force since 2004, we believe that 
Kazakhstan's references to "relevant" authoriti es, "experts," and the like should be clearly 
identified with the law/regulation in question.  WT/ACC/KAZ/67 
 Page 71 
 
 
  Regarding the "expert boards" referred to in  paragraph 219 of WT/ACC/SPEC/KAZ/9/Rev.1, 
please describe the composition of these boards.  Wh at are the criteria to become an "expert"?   
In addition, what is the definition of "int erested party", as used in paragraph 219 of 
WT/ACC/SPEC/KAZ/9/Rev.1?   
Answer:  
Pursuant to Article 9 of the Law "On Technical Re gulating", advisory panels on technical regulating 
were established under the state bodies for deve lopment of technical regulations through a 
participatory and c onsultative decision-making  process.  
State bodies approve composition and agenda of the advisory panels on technical regulations, which 
were set up under their supervision.  
At the present time, advisory panels were establis hed and functioning under the 14 state bodies of the 
Republic of Kazakhstan:  Ministry of Industry and Trade; Ministry of Transport and Communications; 
Ministry for Emergency Situations; Ministry of Lab our and Social Protection; Ministry of Finance; 
Ministry of Internal Affairs; Ministry of Defen ce; Ministry of Agriculture; Ministry of Health; 
Agency for Informatisation and Communication; Agency for Land Resources Management; National 
Security Committee of the Republic of Kazakhstan. 
Composition of advisory panel on technical regulating includes representatives of the state bodies, 
technical committees on standardization and ot her concerned or interested parties.  
The Law "On Technical Regulating" defines "the interested party" as natural persons, juridical 
persons and their associations, unions, whose functions and business are directly related to 
development and application of t echnical regulations, as well as othe r persons, whose participation in 
development of technical regulations is foreseen by  the international agreements of the Republic of 
Kazakhstan.  
In other words, representatives of businesses, public organizations, entrepreneurial associations and 
other associations can act as experts participating in the work of advisory panels on technical 
regulating.  
Article 16 of the Law contains the definition of  "expert-auditor", who is a specialist certified 
according to the order defined by the authorized body  in the field of technical regulating to provide 
conformity assessment of goods within the body  responsible for conformity certification and 
accreditation body.  
Rules on Attestation of the Experts-auditors were  approved by the Order No. 305 of 20 April 2006 of 
the Chairman of the Committee on Technical Regulating and Metrology of the Ministry of Industry 
and Trade of the Republic of Kazakhstan. 
According to the Regulations, expert-auditor shal l be a specialist with professional experience, 
theoretical knowledge and trainings in applied fi eld of attestation.  Documents conforming 
experience, theoretical knowledge and trainings sh all be submitted to the attestation commission 
under the authorized body in the field of technical regulating.  The Commission is entitled to issue a 
diploma of expert-auditor in certain field of activity for the period of three years with inclusion of the 
person's name into the Register of experts-auditors. 
The Law "On Technical Regulating" does not contain the definition of the term "relevant authorities". 
In accordance with general practice, relevant aut horities represent the state bodies, whose competence 
include the issues in discussion.   WT/ACC/KAZ/67 
Page 72 
 
 
  Question 89 
In paragraph 217 of WT/ACC/SPEC/KAZ/9/Rev.1, the Kazakhstan representative "confirmed 
that upon WTO accession, Kazakhstan would pr ovide WTO Members with MFN treatment in 
relation to the application of technical barri ers to trade."  Please confirm that all WTO 
Members will receive treatment no less favourabl e than those countries with whom Kazakhstan 
has bilateral agreements on standards.  Are the bilateral agreements published?  Where are 
they published? 
Answer:  
Currently, the Republic of Kazakhstan is a party to a number multilateral agreements on technical 
regulation with the members of the Commonwealth of Independent States (CIS). 
In accordance with the Agreemen t on the Coordinated Policy on St andardization, Metrology and 
Certification of 13 March 1992, the work on harmoni zation of legislation on standardization and 
conformity assessment is carried out in the fra mework of the Intergovernmental Council for 
Standardization, Metrology and Certification (E ASC). According to this Agreement, Kazakhstan 
recognizes conformity certificates issued by the CIS countries, and intergovernmental standards 
(GOST) can be applied in Kazakhs tan along with the state standards of the Republic of Kazakhstan 
(SS RK).  
Kazakhstan also cooperates with Russia, Belarus, Kyrgyzstan, Tajikistan and Uzbekistan with the 
framework of the Agreement on Harmonization of Technical Regulations of the members of the 
Eurasian Economic Community (EurAsEC). Accord ing to the Agreement, the efforts are being 
undertaken with the objective to develop technical regulations of EurAsE С.  
Kazakhstan also is a party to bila teral intergovernmental agreements  on cooperation in the field of 
standardization, metrology and certification with A zerbaijan, Armenia, Turkmenistan, Bulgaria, Israel 
and Qatar. 
The Ministry of Industry and Trade of Kazakhstan concluded interdepartmental agreements with the 
Department for Standards, Metrology and Techni cal Supervision of the Republic of Moldova, the 
Federal Ministry of Economy and Labour of Germany, the Authority for Standardization, Metrology 
and Testing of the Slovak Republic, the Authority for Standardization, Metrology and State Testing of 
the Czech Republic. 
These bilateral agreements provide a legal basis for ex change of information and legal acts in the field 
of standardization and conformity  assessment between the parties. Agreements are included into the 
full text electronic legal manual "Legislation of th e Republic of Kazakhstan" and can be obtained 
through the TBT/SPS Enquiry Point. 
Question 90 
Paragraph 219 of WT/ACC/SPEC/KAZ/9/Rev.1, st ates that when existing Kazakh standards 
don't meet international standards, or internationa l standards don't exist, or are likely to affect 
imports or exports, "the relevant authority provided information justifying the need for the 
particular technical regulation and notifi ed the list of products concerned."   
Does notification mean publication and do es notification include justification?  WT/ACC/KAZ/67 
 Page 73 
 
 
  Answer:  
According to the Law of the Republic of Kazakhsta n "On Technical Regulating", if the requirements 
established by technical regulations do not correspond  to international standards or international 
standards do not exist in that given field, or the requirements established by technical regulations are 
likely to affect the regime of importation of goods  to and exportation of goods from Kazakhstan, the 
state body, which has developed the draft technical regulation, shall publish the notification with the 
list of goods which will be affected by the draft tec hnical and information with the justification of the 
need for development of the technical regulation in  the official publication or in the information 
system for general use no later than one m onth from the date of its development.  
Moreover, upon the request of interested parti es and foreign states, the state body, which has 
developed the draft technical regulation, shall subm it the detailed information on the draft technical 
regulation or its copy with the reference to th e norms/provisions that do not meet international 
standards.  
Question 91 
In paragraph 221 of WT/ACC/SPEC/KAZ/9/Rev.1, Kazakhstan notes that it was working 
toward harmonizing its existing standards with international technical standards.  
What are the existing standards that are not ye t harmonized with international standards?  
What are Kazakhstan's plans with regard to these standards?  Is Kazakhstan reviewing its standards that are no t yet harmonized with international standards 
to ensure that they are not unnecessary  obstacles to international trade? 
Answer:
  
Paragraph 5 of Article 4 of the Law of the Re public of Kazakhstan "On Technical Regulating" 
establishes priority of international standards in  development of technical regulations and state 
standards in Kazakhstan.   
With the purpose to harmonize state standards with  international standards, the annual Plan of 
Activities on State Standardization is elaborated.  
According to the Plan, in 2007, more than 300 state standards (SS RK) have been adopted and 
approximately 61 per cent of standards have b een harmonized with international standards. 
As of 1 January 2008, the total number of state standards of Kazakhstan (SS RK) include 1,919 units, 
including 1168 (or 60.9 per cent) standards ha rmonized with the international requirements.  
− 60 standards are applied in the field of mach inery construction (mechanical engineering), 48 
of which are harmonized with the international requirements; 
− 54 - in the field of healthcare, 11 of which are harmonized with the international 
requirements; 
− 32 - in the field of energy and electric equipment, 22 of which are harmonized with the 
international requirements; 
− 184 - in the field of road-transportation and ra ilway machinery, 142 of which are harmonized 
with the international requirements; 
− 96 - in the field of construction materials and construction services, 69 of which are 
harmonized with the international requirements; WT/ACC/KAZ/67 
Page 74 
 
 
  − 69 - the field of light industry, 15 of which are harmonized with the international 
requirements;  
− 69 - in the field of agriculture, 29 of which are harmonized with the international 
requirements; and 
− 213 - in the food-processing industry, 119 of which are harmonized with the international 
requirements and so on. 
Development of 422 standards is planned in 2008.  
By 2009, the Government of Kazakhstan plans to  achieve a 65 per cent level of harmonization of 
national standards with inte rnational requirements.  
The Government of Kazakhstan has the intention to  continue its work on harmonization of national 
standards with international requirements with the purpose of removing technical barriers to trade.  
Kazakhstan is currently consideri ng to make the following commitment: 
[["In international trade Kazakhsta n shall be guided by the requireme nts of international standards, 
except for cases provided by the WTO Agreement on Technical Barriers to Trade, when such 
international standards or relevant  parts would be ineffective or inappropriate means for the fulfilment 
of the legitimate security objectives.  Therefore standards of Kazakhstan shall not create any barriers to international trade."]] 
Question 92 We thank Kazakhstan for its TBT Implementation Action Plan (WT/ACC/KAZ/60/Rev.2).  
Having had the opportunity to review it, we a re impressed by the amount of work that is 
reflected in the Action Plan.  Work remains, nonetheless, with regard to the clarity of Kazakhstan's commitment to the WTO TBT Agreement.  In short, we seek a commitment that, no later than upon accession to the WTO, Kazakh stan will comply with and fully implement the 
TBT Agreement, including amending or rescinding any existing standard , technical regulation 
or conformity assessment procedure that is not compliant with the TBT Agreement.  
Answer:
 
The Law of the Republic of Kazakhstan No. 209  "On Amendments and Addenda into Certain 
Legislative Acts of the Republic of Kazakhs tan on Issues of Technical Regulating" of 
29 December 2006 introduced amendments into 33 laws  of the Republic of Ka zakhstan to bring them 
into compliance with the Law "On Technical Regula ting" of 29 December 2006.  This law can be 
accessed at the website of the authorized  body on technical regulating www.memst.kz. 
Kazakhstan has adopted the Laws "On Food Safety",  "On Toys Safety", "On Safety of Chemical 
Products" and "On Safety of Machin ery and Equipment".  These Laws are included into the full text 
electronic legal manual "Legislation of the Republic of Kazakhstan" and can be obtained through the 
TBT/SPS Enquiry Point. 
The amendments were made to the Law "On Technical Regulating", which clearly differentiate two 
main objectives of technical regulating in Kazakhstan:  
− ensuring safety of products through applicati on of mandatory technical regulations; and 
− enhancing competitiveness of products through applicati on of voluntary standards. 
In addition, paragraph 2 of Article 31 of the Law of the RK "On Technical Regulating", stipulating 
that only producers registered as juridical persons  in the Republic of Kazakhstan are entitled to  WT/ACC/KAZ/67 
 Page 75 
 
 
  declare the conformity of goods to safety requi rements, was excluded as discriminatory measure 
towards importers.   
The Law of the Republic of Kazakhstan "On Norma tive Legal Acts" was amended to create a legal 
base for introduction of technical regulations in th e form of normative legal acts into existing legal 
system of the Republic of Kazakhstan. 
Kazakhstan is currently consideri ng to make the following commitment: 
[[Kazakhstan confirms that upon its accession to the WTO, Kazakhstan would comply with all 
provisions of the Agreement on Technical Barrier s to Trade without recourse to any transitional 
period.]] 
Question 93 
The Enquiry Point named in WT/ACC/KAZ/65 appears to differ from that on the website 
www.memst.kz.  What is the name and present address of the Enquiry Point?  What are 
Kazakhstan's plans for this website upon accession to the WTO? 
The website identified as the "Single SPS/TBT E nquiry Point" (www.memst.kz ) needs to be 
updated to reflect the new law No . 603-II "On Technical Regulating".  No information on any of 
the laws or regulations that have since been br ought into conformity with the Law No. 603-II 
can be found on this website.     
Answer:  
In 2004,  Kazakhstan has made a notification in  the document WT/ACC/KAZ/52, on establishment of 
an Enquiry Point for interaction with WTO member s on technical barriers to trade, sanitary and 
phytosanitary measures under the Republican st ate enterprise "Kazakhstan's Institute of 
Standardization" ("KazInSt") of the Committee on St andardization, Metrology and Certification.  
The Enquiry Point was established by the joint Order of the Minister of Industry and Trade, Minister 
of Agriculture and Minister of Healthcare of the Republic of Kazakhstan. 
With the purpose to upgrade the legal status of the new institution, on the basis of the Enquiry Point 
for interaction with WTO member states, the Enquiry  Point on technical barriers to trade and sanitary 
and phytosanitary measures was established by the R esolution of the Government of the Republic of 
Kazakhstan No. 718 of 11 July 2005 in the orde r set by the legislation of Kazakhstan.  
A copy of the abovementioned Resolution of the Government of the RK is available through 
document WT/ACC/KAZ/67/Add.1 
The information on the establishment of the TB T/SPS Enquiry Point was also notified in the 
document WT/ACC/KAZ/66 from 29 May 2006. 
The major task of the TBT/SPS Enquiry Point is to provide information on technical regulations, 
standards, and conformity assessment procedures a pplied in Kazakhstan. Any interested party may 
apply to the Enquiry Point with the request for  information related to the system of technical 
regulations in Kazakhstan.    
The Enquiry Point has the capacity to work on-line with international and foreign organizations such 
as ISO, OIML, IEC and other  bilateral partners.  WT/ACC/KAZ/67 
Page 76 
 
 
  The address of the TBT/SPS Enquiry Point is the following: 
11, 35th Street,  
Left Bank  Etalon Centre Build 
010000, Astana 
Republic of Kazakhstan. 
The website (http://wto.memst.kz) is regularly updated. The plans for development of technical regulations , notifications on the development of technical 
regulations, plans for development of state standard s as well as information on activities, carried out 
in the field of technical regulations, are placed on the website.  
Question 94 
We would like to know the status of the "priority technical regulations" listed in "1.1" of 
WT/ACC/KAZ/60/Rev.2.   
Please provide to the Working Party the texts of the draft laws named as well as the "Specified 
amendments" that "were introduced to the Parliament as a single draft law?"  
Answer:
 
In order to align the national legislation with  the Agreement on Technical Barriers to Trade, 
Kazakhstan adopted the following legal acts: 
1.  The Law No. 209 "On Amendm ents and Addenda to Certain Le gislative Acts of the Republic 
of Kazakhstan on Issues of Technical Regulating" of 29 December 2006 introduced amendments into the 33 laws of the Republic of Kazakhstan. The amendments made clearly 
stipulate division of authority between govern ment bodies in development and approval of 
technical regulation. The amendments were  made into the following legislation: 
− "On Transport of the Republic of Kazakhstan"; 
− "On Oil"; 
− "On the Use of Air Space and Aviation Activities in the Republic of Kazakhstan"; 
− "On Subsurface and Surface Use"; 
− "On Emergency Situations of Na tural and Technogenic Origin"; 
− "On Road Traffic Safety"; 
− "On Fire Safety"; 
− "On Environmental Protection"; 
− "On Regulatory Legal Acts"; 
− "On Radiation Safety of Population"; 
− "On Narcotic Drugs, Psychotropic Substances, Precursors and Measures of 
Counteracting their Illegal Circulation and Abuse"; 
− "On State Supervision of Circulation of Certain Types of Arms"; 
− "On Ensuring of the Uniformity of Measurements"; 
− "On Grain"; 
− "On Architectural, Town Building and Construction Activities in the Republic of 
Kazakhstan"; 
− "On Motor Roads"; 
− "On the Railway Transport"; 
− "On State Regulation of Civil Aviation";  WT/ACC/KAZ/67 
 Page 77 
 
 
  − "On Merchant Navigation"; 
− "On the Atmospheric Air Protection"; 
− "On Industrial Safety at Dangerous Industrial Objects"; 
− "On Plants Protection"; 
− "On Veterinary"; 
− "On Seed Production"; 
− "On the State Regulation of Production and Distribution of Certain Types of 
Petroleum Products"; 
− "On the Health Care System"; 
− "On Automobile Transport"; 
− "On Work Safety and Labour Protection"; 
− "On Communications"; 
− "On Inland Water Transport"; 
− "On Medicine"; 
− "On Electric Power Industry"; and 
− "On Technical Regulating". 
2.  The Law of the Republic of Kazakhstan No. 301 "On Food Safety" of 21 July 2007 
establishes legal basis for ensu ring food safety for the purposes of protection of human health 
and life, legitimate consumer inter ests on the territory of Kazakhstan; 
3.  The Law of the Republic of Kazakhstan No . 302 "On Safety of Chemical Products" of  
21 July 2007 established a legal framework for en suring the safety of chemical products at its 
development, production, application, storage,  labelling, transportation, realization and 
utilization stages with the purpose to protect safe ty of human life and health, and environment 
within the Republic of Kazakhstan; 
4.  The Law of the Republic of Kazakhstan No. 305 "On Safety of Machinery and Equipment" of 
21 July 2007 established a legal basis for re gulation of development, application and 
implementation of safety requirements to mach inery and equipment, processes of their life 
cycle with the objective to guarantee protection of human life and health, and environment; 
5.  The Law of the Republic of Kazakhstan No. 306 "On Toys Safety" of 21 July 2007 
established a legal basis for regulation of de velopment, application, implementation and 
control of safety requirements in the area of  toys safety with the objective to guarantee 
protection of human life and health, and environment; 
6.  In addition, the following technical regul ations were approved by Resolutions of the 
Government of the Republic of Kazakhstan: 
− Resolution of the Government of the Re public of Kazakhstan No. 337 "On Approval 
of Technical Regulation "Requirement fo r Safety of Grain" of 8 April 2008; 
− Resolution of the Government of the Re public of Kazakhstan No. 336 "On Approval 
of Technical Regulation "Requirement for Safety of Meat and Meat Products" of 
8 April 2008; 
− Resolution of the Government of the Re public of Kazakhstan No. 307 "On Approval 
of Technical Regulation "Requirement for Sa fety of Automobile Road Engineering" 
of 31 March 2008; 
− Resolution of the Government of the Re public of Kazakhstan No. 294 "On Approval 
of Technical Regulation "Requirement for Sa fety of Automobile Road Exploitation" 
of 27 March 2008; 
− Resolution of the Government of the Re public of Kazakhstan No. 277 "On Approval 
of Technical Regulation "Requirement for Packaging, Marking, Labelling and 
Correct Application to a Product" of 21 March 2008; WT/ACC/KAZ/67 
Page 78 
 
 
  − Resolution of the Government of the Re public of Kazakhstan No. 263 "On Approval 
of Technical Regulation "Requirement for Safety of Feed and Feed Additives" of 18 March 2008; 
− Resolution of the Government of the Re public of Kazakhstan No. 230 "On Approval 
of Technical Regulation "Requirement for Safety of Milk and Milk Products" of 
11 March 2008; 
− Resolution of the Government of the Re public of Kazakhstan No. 227 "On Approval 
of Technical Regulation "Requirement for Safety of Buildings, Facilities and Adjacent Territories" of 6 March 2008; 
− Resolution of the Government of the Re public of Kazakhstan No. 217 "On Approval 
of Technical Regulation "Requirement for Safety of Synthetic Cleansing Means and Household Chemical Goods" of 4 March 2008; 
− Resolution of the Government of the Re public of Kazakhstan No. 201 "On Approval 
of Technical Regulation "Requirement for Safety of Goods and Products for Children 
Use" of 27 February 2008; 
− Resolution of the Government of the Re public of Kazakhstan No. 199 "On Approval 
of Technical Regulation "Juice and Ju ice Products" of 27 February 2008; 
− Resolution of the Government of the Re public of Kazakhstan No. 159 "On Approval 
of Technical Regulation "Requirement for Safety of Perfume a nd Cosmetic Products" 
of 19 February 2008; 
− Resolution of the Government of the Re public of Kazakhstan No. 96 "On Approval 
of Technical Regulation "Requirement for Sa fety of Building Materials, Products and 
Construction" of 4 February 2008; 
− Resolution of the Government of the Re public of Kazakhstan No. 90 "On Approval 
of Technical Regulation "Conformity Rec ognition Procedure" of 4 February 2008; 
− Resolution of the Government of the Re public of Kazakhstan No. 1398 "On Approval 
of Technical Regulation "Requirement for Sa fety of Varnish-And-Paint Materials and 
Diluents" of 29 December 2008; 
− Resolution of the Government of the Re public of Kazakhstan No. 1372 "On Approval 
of Technical Regulation on Requirement to  Pollution of Auto-transport in the 
Territory of Kazakhstan" of 29 December 2008; and 
− Resolution of the Government of the Re public of Kazakhstan No. 1232 "On Approval 
of Technical Regulation on "Requirement on Emissions at Incineration of Different 
Types Fuel in the Boilers of Electric Power Stations" of 14 December 2008. 
The text of the Law No. 301 "On Food Safety" of  21 July 2007 is available through document 
WT/ACC/KAZ/67/Add.1. 
The Text of the Law No. 302 "On Safety of Chemi cal Products" of 21 July 200 7 is available through 
document WT/ACC/KAZ/67/Add.1. 
The text of the Law No. 305 "On Safety of Machiner y and Equipment" of 21 July 2007 is provided in 
available through document WT/ACC/KAZ/67/Add.1. 
The text of the Law No. 306 "On Toys Safety" of  21 July 2007 is available through document 
WT/ACC/KAZ/67/Add.1. 
The text of the Law No. 209 On Amendments and Addenda to Certain Legislative Acts of the 
Republic of Kazakhstan on Issues of Technical Regu lating" of 29 December 2006  is provided in 
available through document WT/ACC/KAZ/67/Add.1.  WT/ACC/KAZ/67 
 Page 79 
 
 
  Question 95 
Are there any additional laws, other than  those listed in WT/ACC/KAZ/60/Rev.2, under 
consideration by the Kazakhstan government that  would affect Kazakhstan's ability to comply 
with the WTO TBT Agreement?  
Answer:  
With the objective to ensure the recognition of domestic bodies on conformity assessment and 
laboratories at the international level, the followi ng draft Laws of the Repub lic of Kazakhstan have 
been developed and are being considered by the Ma zhilis (Lower Chamber) of the Parliament of the 
RK: 
− "On Accreditation in the Field of Conformity Assessment"; and 
− "On Amendments and A ddenda in Certain Legislative Acts on the Issues of Accreditation". 
The draft Law "On Accreditation in the Field of  Conformity Assessment" is aimed at full 
harmonization of accreditation requirements with in ternational standards, including adoption of 
international terms and principles in the field of accreditation, authority of the accreditation body, 
requirements towards the accreditation certificate, terms for accepting the accreditation results and 
also requirements of the International Accredita tion Forum (IAF) and International Laboratory on 
Accreditation and Cooperation (ILAC). 
The draft Law "On Amendments and Addenda in  Certain Legislative Acts on the Issues of 
Accreditation" envisages amendments to be made to the Law "On Technical Regulating" and "On 
provision of uniformity of measurements" with the purpose to bring them into compliance with the terms and accreditation provisions stipulated in th e Law "On Accreditation in the Field of Conformity 
Assessment". 
The above legal acts are aimed at building a lega l framework for accreditation and harmonization of 
the legislation of Kazakhstan with the legislation of developed count ries with the purpose to facilitate 
the prompt accession of Kazakhstan to the Intern ational Accreditation Fo rum and International 
Laboratory on Accreditation and Cooperation.  
Question 96 
What is the status of bringing the Law "On Te lecommunications" into conformity with the Law 
"On Technical Regulating" in the area of tr ansparency and conformity assessment?   
Answer:
 
In accordance with the Law No. 209 "On Amendments  and Addenda to Certain Legislative Acts of 
the Republic of Kazakhstan on Issues of Technical  Regulating" of 29 December 2006, the following 
amendments were made in the Law of the Republic of Kazakhstan "On Communications": 
− Article 7 of the Law "On Communications" stipulates the authority of the Government to 
approve technical regulations in the field of communications; and 
− Article 16 of the Law defines that technical  communication facilities used for the entire 
telecommunications network of the Republic of  Kazakhstan, radio-electronic facilities and 
high-frequency facilities that serve as a source  of electromagnetic radiation and technical 
facilities of mail service are subject to c onformity assessment in accordance with the 
legislation of the Republic of Kazakhstan. WT/ACC/KAZ/67 
Page 80 
 
 
  The requirements of the Law "On Technical Regula ting" to ensure transparency and conformity 
assessment apply to all sectors of the national ec onomy including telecommunications. Assessment of 
conformity of the certain groups of telecommuni cation facilities in the form of certification or 
declaration shall be established in the technical regulations.  
Conformity certificates of foreign states, protocols of tests of communication issued by foreign 
conformity assessment bodies are recognized in accorda nce with international agreements.  In cases 
when there are no international agreements signed by  Kazakhstan, the tests results of the authorized 
body of a foreign state shall be recognized throug h the accreditation of that body in the national 
accreditation system of the Republic of Kazakhstan in accordance with the paragraph 6.1 of the WTO 
Agreement on Technical Barriers to Trade.  
According to the Law "On Technical Regulations", in development of technical regulations in the 
field of telecommunications, the follo wing requirements shall be fulfilled: 
− publication of notification on development of dr aft technical regulation, its amendment or 
revocation in the official publication and in th e information system for general use no later 
than one month from the initial date of drafti ng of development, ame ndment or revocation; 
− public discussion of the draft and its revisi on on the basis of the comments received; and 
− provision of the received comments on draft technical regulation upon the request of 
interested parties. 
The time period assigned for public discussion of the document shall be no less than sixty calendar 
days.          
Question 97 
Page 79, paragraph 212: it is stated that as  new technical regulations are developed and 
adopted, the list of products subject to manda tory conformity recognition would progressively 
be reduced and eventually eliminated. 
What approaches will Kazakhstan take in order to shorten or remove the list of products 
subject to mandatory conformity recognitio n? Does this involve replacing the current 
mandatory requirements with voluntary arrangements? 
Answer:  
According to the Law of the Republic of Kaza khstan No. 603 "On Technical Regulation" of 
9 November 2004 products subject to mandatory c onformity assessment are determined by technical 
regulations. 
As soon as technical regulations are adopted, the List  of Products Subject to Mandatory Certification 
will be reduced and phased out.  
The list of products that are subject to mandatory  conformity assessment will be determined in 
technical regulations.  Products that will not be covered by technical regulations can be subject to 
conformity assessment on a voluntary basis.  
Question 98 
Pages 80-81, paragraphs 214, 215 and 217:  could Kazakhstan please provide us with the 
following?  WT/ACC/KAZ/67 
 Page 81 
 
 
  The list of foreign organizations eligible for ac ting as conformity recognition organizations or 
test laboratories, and the list of international treaties/agreements on the recognition of foreign 
conformity certificates (reference paragraph 214). 
Answer:  
Kazakhstan cooperates with foreign countries in the sphere of conformity recognition on the basis of 
Article 6.1 of the WTO Agreement on Technical Barriers to Trade. 
Currently, no foreign entity is accredited in as conf ormity assessment organization or laboratory in 
Kazakhstan.  
The Law of the Republic of Kazakhstan "On Techni cal Regulating" allows any entity, including 
foreign, to act as conformity assessment organization in the national system of conformity assessment provided it has undergone the accreditation pr ocess established in Kazakhstan.    
Kazakhstan is undertaking efforts to join the International Accreditation Forum (IAF) and the 
International Laboratory Accreditation Cooperation (ILAC), and to join the Multilateral Mutual 
Recognition Agreement (MLA) in the s phere of conformity recognition. 
Currently, the Republic of Kazakhstan is a party to  a number of multilateral agreements on technical 
regulation with the members of the Commonwealth of  Independent States (CIS).  In accordance with 
the Agreement on the Coordinated Policy on Sta ndardization, Metrology and Certification of 
13 March 1992, the work on harmonization of le gislation on standardization and conformity 
assessment is carried out in the framework of the Intergovernmental Council for Standardization, 
Metrology and Certification (EASC).  
Furthermore, Kazakhstan has signed the Agreem ent on Principles of Mutual Recognition of 
Certification Activities with the CIS Countries on 4 June 1992.  Based on this Agreement, Kazakhstan 
recognizes conformity certificates issued by the CIS countries, and intergovernmental standards 
(GOST) can be applied in Kazakhs tan along with the state standards of the Republic of Kazakhstan 
(SS RK).  
Question 99 
The nature and scope of cooperation provided by the mutual recognition agreements signed 
with CIS countries (reference paragraph 215), a nd by the standards agreements with Turkey 
and China (reference paragraph 217). 
Answer:
 
The Protocol on Cooperation with the Turkish Instit ute of Standards of 6 June 1996 was in effect 
during the five year period and expired in 2001.   
Currently, the draft Protocol on Cooperation betw een the Committee on Technical Regulations and 
Metrology of the Ministry of Industry and Trad e of the Republic of Kazakhstan and the Turkish 
Institute of Standards has been prepared.  The draf t protocol stipulates priority use of international 
standards and use of national Turkish and Kazakh sta ndards on the territories of both countries.  The 
draft protocol also envisages recognition of testing protocols and conformity certificates provided that 
there is mutual accreditation of conformity recogniti on bodies and testing laboratories.         
The Intergovernmental Agreement on Cooperation w ith the People's Republic of China on Quality 
Assurance and Mutual Inspection of Exported and Imported Products of 5 July 1996 stipulates WT/ACC/KAZ/67 
Page 82 
 
 
  exchange of information on legislation, conform ity recognition and product supervision procedures 
applied by both sides.   
With the purpose to implement the Agreement, the Memorandum on Mutual Understanding on 
Cooperation in the Sphere of Control and Safety of  Mutually Delivered Goods between the Ministry 
of Industry and Trade of the Republic of Kazakhs tan and the State General Administration of the 
People's Republic of China on Quality Supervis ion, Inspection and Quarantine was signed on 
17 November 2006. 
The major difference between the bilateral agreem ents concluded by Kazakhstan with China and 
Turkey and Kazakhstan's participa tion in multilateral agre ements signed with the CIS countries within 
the framework of the Interstate Council on Standard ization, Metrology and Certification is that 
Kazakhstan recognizes conformity certificates issued by the CIS countries, and  intergovernmental 
standards (GOST) can be applied in Kazakhstan along with the stat e standards of the Republic of 
Kazakhstan (SS RK).  
- Sanitary and phytosanitary measures 
Question 100 
Kazakhstan has much work to do  in the area of SPS.  Until there is a better understanding of 
Kazakhstan's efforts to comply upon accession, few mo difications can be made to the text of the 
report. 
Kazakhstan is requesting to delay application of the provisions of the SPS Agreement for a 
period of four years following the date of accession  to the WTO.  We do not believe a transition 
to implement the SPS Agreement is  necessary.  We urge Kaza khstan to make the necessary 
changes to meet the requirements of  the Agreement prior to accession. 
We urge Kazakhstan to keep working to avoid the need to have a transition in this area.  We 
seek SPS legislation from Kazakhstan that provides for transparent, science-based regulations on all issues concerning sanitary and phytosanitary regulations. 
Answer:
 
The Republic of Kazakhstan retains its position on th e implementation period which is needed for the 
purposes of harmonizing national legislation in the s phere of veterinary a nd plant quarantine with 
international standards. 
The Ministry of Health is planning to revise and/or  adopt legal acts regulating food safety in order to 
harmonize them with international standards incl uding conduct of risk assessment, risk assessment 
methodologies and procedures. 
Upon WTO accession, international recognition of  Kazakhstan's laboratory tests will become 
essential.  For this purpose, the sanitary-epidemiologi cal laboratories need international accreditation.  
For instance, the Republican Sanitary Epidemiologi cal Station has received international accreditation 
under ISO 17025-2005 in 2006.  Accreditation of laboratories in Almaty is on the final stage.     
Since genetically modified products monitoring in Kazakhstan is not developed, it is impossible to 
evaluate the quantity and assortment of genetically  modified organisms, micro-organisms as well as 
food products and feed imported to Kazakhstan.           WT/ACC/KAZ/67 
 Page 83 
 
 
  To address this important problem, Kazakhstan ne eds to establish laboratories for quantitative and 
qualitative detection of GMOs.  Besides, it is neces sary to train about 40 experts on organization of 
the monitoring system.  Funding of this event is envisaged in the Law "On Food Safety".          
In addition, the Republic of Kazakhstan requests im plementation period due to the following  needs: 
− Material and technical upgrade of veterinary-p hytosanitary border check-points to facilitate 
speedy control procedures and reduce time for customs checks; 
− Upgrade veterinary and phytosanitary laborator ies with up-to-date equipment in accordance 
with international standards in order to ensure  control of imported products using sampling as 
well as certification of exported products; 
− Bring national legal acts in the sphere of veterinary, phytosanitary and food safety in 
compliance with SPS Agreement; and 
− The lack of domestic scientific-methodical bac kground for training of qualified staff is the 
main problem.  The trainings require s ubstantial period of time.       
Kazakhstan applies existing international standard s, directives and recommendations in compliance 
with SPS Agreement.  However, to ensure co mpliance of Kazakh products  upon exportation as well 
as to undertake control of samples of imported products, Kazakhstan shoul d have both human and 
technical capacity conduct risk assessment which includes laboratory testings.   
Question 101 
Please update the Working Party on the progress of harmonizing Kazakhstan's legislation with 
the International Animal Health Code.      
Answer:  
The Republic of Kazakhstan became an OIE member  in 1993 and follows provisions of Terrestrial 
Code and Aquatic Animal Commission of OIE in  in ternational trade.  Currently, the Government of 
Kazakhstan has developed the Resolution "On Ratif ication of the International Agreement on the 
Creation of an Office International des Epizooties in  Paris".  Adoption of this Resolution will enable 
Kazakhstan to use OIE international standards a nd recommendations in drafting regulatory and legal 
acts in the sphere of animal health and in c onducting economic cooperation with other OIE and WTO 
members.     
With the purpose to enhance the legislation of the Republic of Kazakhstan in the sphere of sanitary 
and phytosanitary measures, the draft law "On Amen dments and Addenda into Some Legislative Acts 
of the Republic of Kazakhstan on Veterinary Issues" has been developed and submitted for 
consideration to the Majilis of the Parliament of the Republic of Kazakhstan.  The draft Law 
introduces legal provisions on food safety in internati onal trade in compliance with the provisions of 
SPS Agreement.   
In particular, the Draft Law introduces the following provisions: 
− A system of inspection/attestation of domes tic producers and foreign producers exporting 
agricultural goods into the Republic  of Kazakhstan is introduced; 
− The authorized bodies may adopt necessary veterinary-sanitary measures for risk 
management in case when the risk of adverse e ffect of a product for human health and life is 
detected whereas available scientific data is insufficient to determine its extent; 
− Veterinary-sanitary measures shall be based on scientific data and objective assessment of the 
risks for human life and health.  The risk ass essment shall take into account international 
standards, guidelines and recommendations; WT/ACC/KAZ/67 
Page 84 
 
 
  − In assessing the equivalency of veterinary and sanitary measures on a territory of a certain 
administrative-territorial unit, scientific data, r esults of research and monitoring of the spread 
of specific diseases and existence of zones shall be taken into account;  
− To recognize veterinary and sanitary measu res of foreign countries as equivalent, the 
measures shall meet international standards and provide appropriate safety level on the 
territory of the Republic of Kazakhstan from entr y and spread of animal contagious diseases;   
− State veterinary and sanitary control shall not be  carried out more often than two times a year 
and shall not last longer than five days; and 
− Territory of administrative-territorial units sha ll be divided into zones depending on spread of 
animal contagious diseases and applied veterinary measures.   
In addition, the following regulations were adopt ed by the Resolutions of the Government of 
Kazakhstan:  
− Resolution of the Government of the Republic  of Kazakhstan No. 336 "On Approval of the 
Technical Regulation 'Requirement for Safety of  Meat and Meat Products'" of 8 April 2008; 
− Resolution of the Government of the Republic  of Kazakhstan No. 263 "On Approval of the 
Technical Regulation 'Requirement for Sa fety of Feed and Feed Additives'" of 
18 March 2008; and 
− Resolution of the Government of the Republic  of Kazakhstan No. 230 "On Approval of the 
Technical Regulation 'Requirement for Safety of  Milk and Milk Products'" of 11 March 2008. 
The following regulatory acts are being developed in compliance with WTO requirements: 
− "On Requirements for Safety of Medicines a nd Biological Drugs Used in Veterinary"; 
− "On Approval of Rules on Veterinary-Sanitary Evaluation of Safety of Food Products".  
Question 102 
Please update the Working Party on the status of, and provide translations to the Working 
Party of, the following Laws: 
− On Food Safety; and 
− On Amendments and Addenda into Certain Legal Acts of the Republic of Kazakhstan 
on Public Health. 
In light of the importance of these laws, and the technical nature of the WTO's SPS regime, we 
recommend that Kazakhstan provide the Working Party with a translations of these laws while 
still in draft so that we may review them for co mpliance with the WTO prior to submission to 
your Parliament.  
Answer:  
The Law "On Sanitary-Epidemiological Welfare of Population" The following amendments were introduced into th e Law "On Sanitary-Epidemiological Welfare of 
Population" in July 2006: 
− recognition of sanitary-epidemiological measures of other countries as equivalent provided 
that they ensure appropriate levels of sanitary -epidemiological safety within the territory of 
the country; 
− identification of disease-free areas or their parts or territories with low risk of disease spread;  WT/ACC/KAZ/67 
 Page 85 
 
 
  − improvement of regulatory legal acts for the purposes of harmonizing with international 
standards;  
− conducting risk assessment; and 
− approval of unified methodology for authorized or ganizations to carry out risk assessment, as 
well as risk assessment procedures taking in to account internationally accepted risk 
assessment methods.  
The copy of Law with amendments is availabl e through document WT/ACC/KAZ/67/Add.1.    
The Law "On Food Safety" was adopted in 21 July 2007 and enacted as of 1 January 2008.   The Law establishes legal basis fo r ensuring food safety for the purposes of protection of human 
health and life, legitimate consumer in terests on the territory of Kazakhstan. 
The main objective of the Law is to bring the legi slation of Kazakhstan in the sphere of food safety 
with the international practice, creation of re gulatory framework for development and practical 
implementation of mandatory requirements to foods tuff subject to state sanitary-epidemiological, 
veterinary and phytosanitary control. 
In addition, the Law is aimed at: 
− creation of conditions for ensuring food safety for human health and life as well as protection 
of consumer interests; 
− establishment of procedures for implementati on of mandatory requirements to food safety; 
− division of competences between the government   bodies with respect to regulation of food 
safety issues; and 
− removal of technical and administrative barriers. 
In accordance with the WTO Agreement on SPS m easures, the Law of Kazakhstan on Food Safety 
contains the following provisions: 
− a definition of the "risk assessment" was introduced; 
− scientific information, appropriate methods of processing and production, inspection methods, 
sampling, laboratory testing, proliferation extent  of concrete diseases, presence of disease-free 
zones  shall be taken into acc ount when conducting risk assessment; 
− in cases when risk analysis and assessment id entifies the likelihood of harmful impact to 
human health and life, however the available scientific data is not sufficient  to determine its 
extent, then authorized bodies have the right to take temporary measures on risk management; 
− temporary measures on risk management shall be revised within minimum period of time, 
needed for obtaining scientific data , clarifying the risk extent; and 
− turnover of GMOs and biologically active a dditives to food are allowed after scientific 
confirmation of its safety.  
The copy of Law is available through document WT/ACC/KAZ/67/Add.1.         
Question 103 
In paragraph 236 of WT/ACC/SPEC/KAZ/9/Rev.1 , Kazakhstan explains that an exporting 
country's veterinary certificate is replaced by a Kazakh veterinary certificate, "because the 
original certificate was in a foreign language."   If the original veterinary certificate were 
provided in the original language as well as Ru ssian or Kazakh, as is the case with import 
permits, would Kazakhstan still have to replace the certificate?   WT/ACC/KAZ/67 
Page 86 
 
 
  Answer:  
Currently, the amendments and addend a into veterinary legislation have  been drafted to change this 
system. According to the amendments, foreign veteri nary certificate will directly circulate within the 
territory of Kazakhstan, whereas veterinary statemen t issued by veterinary services of Kazakhstan in 
Kazakh and Russian languages will accompany the fore ign veterinary certificate.  These changes will 
enter into force by the date of Kazakhstan's WTO accession.  
The languages of foreign veterinary certificates will be agreed with each exporting country on case by 
case basis. 
Question 104 
We do not understand the final sentence of paragraph 236 of WT/ACC/SPEC/KAZ/9/Rev.1: 
"As imported goods were under the control of the State Inspector of the given territory for the 
period of their intended use (sale, processing), th ere was no risk that the foreign product would 
be re-labelled as a Kazakh product."  Please ex plain what is meant by this sentence.   
Answer:  
We propose to replace the above sentence as following: 
"With the purpose to ensure food safety and identi fication of the country of origin, the label and 
package of imported goods shall not be changed until th ey are delivered to the final consumer. Safety 
of the imported products is under the control of  territorial state veterinary inspectors". 
Question 105 
We welcome the additional information provided by Kazakhstan in relation to its SPS regime.  
These responses help to clarify the extent of the ch allenges ahead in this aspect of Kazakhstan's 
accession process.  Despite these challenges, we se e our task being to ensure that Kazakhstan is 
in full compliance with the SPS Agreement upon th e date of its accession to the WTO.  We 
provide the following questions/observations with a view to improving this section of the Report. 
First, we do not understand specifically what as pects of the SPS Agreement could not be met on 
the day of accession.  Kazakhstan has suggested  that a lack of laboratories and equipment 
justifies such a transition period.  While modern  facilities are a useful part of any internal SPS 
system, they are not central to being able to  apply the obligations of the SPS Agreement.  
For example, one of the key obligations of th e SPS Agreement is that Members shall ensure that 
SPS measures are based on an assessment of the risk s to human, animal or plant life health.  
This does not require Kazakhstan to undertake its own risk assessment or scientific analysis.  
Instead, the adoption of existing internationa l standards, guidelines a nd recommendations shall 
be presumed to be consistent with relevant provisions of the SPS Agreement.  We encourage 
Kazakhstan to be explicit about what aspects of  the SPS Agreement it believes it is unable to 
meet now to provide Members with a clearer picture of existing gaps.  Kazakhstan has explained in parts of the Working Party Repo rt that it currently does recognise equivalence, 
international standards and has a risk assessment process in place, it seem inconsistent with an 
across-the-board four year transition period. 
Answer:
  
The Republic of Kazakhstan retains its position on th e implementation period which is needed for the 
purposes of harmonizing national legislation in the s phere of veterinary a nd plant quarantine with 
international standards.  WT/ACC/KAZ/67 
 Page 87 
 
 
  The Ministry of Health is planning to revise and/or  adopt legal acts regulating food safety in order to 
harmonize them with international standards incl uding conduct of risk assessment, risk assessment 
methodologies and procedures. 
Upon WTO accession, international recognition of  Kazakhstan's laboratory tests will become 
essential. For this purpose, the sanitary-epidemiological  laboratories need international accreditation.  
For instance, the Republican Sanitary Epidemiologi cal Station has received international accreditation 
under ISO 17025-2005 in 2006.  Accreditation of laboratories in Almaty is on the final stage.     
Since genetically modified products monitoring in Kazakhstan is not developed, it is impossible to 
evaluate the quantity and assortment of genetically  modified organisms, microorganisms as well as 
food products and feed imported to Kazakhstan.          
To address this important problem, Kazakhstan ne eds to establish laboratories for quantitative and 
qualitative detection of GMOs.  Besides, it is neces sary to train about 40 experts on organization of 
the monitoring system.  Funding of this event is envisaged in the Law "On Food Safety".          
In addition, the Republic of Kazakhstan requests im plementation period due to the following  needs: 
− Material and technical upgrade of veterinary-p hytosanitary border check-points to facilitate 
speedy control procedures and reduce time for customs checks; 
− Upgrade veterinary and phytosanitary laborator ies with up-to-date equipment in accordance 
with international standards in order to ensure  control of imported products using sampling as 
well as certification of exported products; 
− Bring national legal acts in the sphere of veterinary, phytosanitary and food safety in 
compliance with SPS Agreement; and 
− The lack of domestic scientific-methodical bac kground for training of qualified staff is the 
main problem.  The trainings require s ubstantial period of time.       
Kazakhstan applies existing international standard s, directives and recommendations in compliance 
with SPS Agreement.  However, to ensure co mpliance of Kazakh products  upon exportation as well 
as to undertake control of samples of imported products, Kazakhstan shoul d have both human and 
technical capacity conduct risk assessment which includes laboratory testings.   
Question 106 
The system of import approvals described in Kazakhstan's response to Question 104, raises 
questions about the WTO consistency of its SPS  regime.  As we understand this system, a 
veterinary certificate issued by the country of export accompanies produce to the Kazakh 
border and certifies that the produce contained meets the appropriate quarantine standards of Kazakhstan.  (This is clarified on page 125 of document WT/ACC/KAZ/66 - where Kazakhstan notes that once Kazakhstan has recognised the "equivalence" of exporting country members, 
product is accepted in Kazakhstan on the ba sis of an agreed veterinary certificate) 
Can Kazakhstan confirm that these veterinary certificates represent the outcomes of 
agreements with individual countries and certify that product contained does meet Kazakhstan's SPS requirements and have necessa ry permission to enter Kazakhstan?  
Otherwise, what is the significance of the exportin g country's veterinary certificate?  What does 
acceptance of product accompanied by such a cert ificate mean in practical and legal terms? WT/ACC/KAZ/67 
Page 88 
 
 
  Answer:  
Veterinary certificates are not necessarily the r esults of bilateral agreements on recognition of 
equivalence. 
− In case if Kazakhstan has signed bilateral agre ement on equivalence with other country, the 
certificate shall confirm that the product meet s the veterinary requirements of the exporting 
country; and 
− If there is no agreement on equivalence, the vete rinary certificates shall stipulate that product 
meets veterinary requirements of Kazakhstan. 
In both cases, foreign veterinary certificate is the main accompanying document certifying safety of 
goods and ensuring their access to Kazakhstan pr ovided that the import permit from Chief State 
veterinary inspector is issued. 
Question 107 We understand that Kazakhstan replaces these certificates with its own certificates once they 
enter the country.  It has explained that this is necessary because certificates are not in the 
necessary language. 
It has been standard practice for exporting countri es to develop certificates in both the language 
of the exporting country and importing country.  This would ensure the integrity of the cargo 
and prevent the need for further certificates an d scope for changes in information recorded.  
Does Kazakhstan not provide for certificates to be  negotiated in dual languages?  If not, why 
not?  It would be a simple way to ensure that produce reaches its destination in a faster manner. 
Are the certificates accompanying produce from other CIS countries drafted in the language of 
Kazakhstan? 
Kazakhstan indicated at the October 2006 Working Party meeting that it did not require a 
"veterinary certificate" for goods accompanyi ng product from the CIS, but instead a 
"veterinary statement".  We would appreciat e clarification of the difference between a 
certificate and a "statement" and what would justify different requirements between CIS countries and other WTO Members?  We underst ood that the provision of a "veterinary 
statement" did not require the application of an internal Kazakhstan veterinary certificate.  Is 
this correct? 
Answer:
 
Currently, the amendments and addend a into veterinary legislation have  been drafted to change this 
system. According to the amendments, foreign veteri nary certificate will directly circulate within the 
territory of Kazakhstan, whereas veterinary statemen t issued by veterinary services of Kazakhstan in 
Kazakh and Russian languages will accompany the fore ign veterinary certificate.  These changes will 
enter into force by the date of Kazakhstan's WT O accession. The languages of foreign veterinary 
certificates will be agreed with each exporting country on case by case basis. 
Kazakhstan at this moment uses veterinary certif icates in two languages:  language of exporting 
country, and Kazakh (Russian) language .   Veterinary statements used in trade between CIS countries 
are compiled in Kazakh with translation into Ru ssian.  For exportation purposes, Kazakhstan uses 
veterinary certificates compiled in three la nguages:  Kazakh, Russian and English.  WT/ACC/KAZ/67 
 Page 89 
 
 
  Regarding the difference between "the veterinary statement" and "the veterinary certificate", the 
following should be noted:    
− Veterinary statement is the document issued by  veterinary inspector for animals and animal 
products transported via highways, railways, water and air transports in all internal 
movements (excluding within raion) and in move ments within territory of CIS countries.  The 
veterinary statement (i) certifies the epizootic welfare or ill-being of cargoes, place of origin, 
(ii) indicates the order of its use, transportation, routs, and final destination.       
− Veterinary certificate for exportation purpo ses from Kazakhstan - document issued by 
veterinary inspector of Kazakhstan on the basi s of a veterinary statement when exporting 
animals and animal products from Kazakhstan.  
Currently, veterinary statement replaces foreign ve terinary certificate when foreign goods cross the 
state border.  
It is clear from above that veterinary statement is issued:  (i) to certify safety of domestically produced 
goods (ii) for the use in transportation within K azakhstan and movements within CIS, and (iii) to 
replace foreign veterinary certificate.  Therefore, ve terinary certificate is not issued for domestically 
produced goods for distribution in the domestic market .  Veterinary certificate is issued by veterinary 
inspectors only for domestic goods for exportation pur poses.  In essence, veterinary statement is a 
document of internal use. 
Foreign veterinary certificate is replaced with veteri nary statement in order to use uniform veterinary 
documents for all products under veterinary control.  Therefore, such veterinary statements make sure 
that foreign and domestic goods are treated equally w ithin the entire territory of Kazakhstan.      
Question 108 
We understand that in addition to the need to  provide an appropriate certificate, and make 
available goods for potential quarantine inspect ion upon entry to Kazakhstan, the importer 
must also obtain additional permission to impo rt the product to the region with Kazakhstan.  
We have a number of concerns with this additional requirement.   
In particular, it seems from th e response to Question 104, that  such an "approval" is required 
in relation to each and every single consig nment of goods imported into Kazakhstan.  
Kazakhstan notes that the Senior State veterinary inspector of the oblast is able to determine the "possibility of import of the requested good s", as well as "regulate conditions of the 
shipment" and "issues veterinary-sanitary requirements to import and transport a specific shipment".  Can Kazakhstan confirm that this is correct? If this is correct, can Kazakhstan 
justify why a regular importer of meat already d eemed safe for entry to  Kazakhstan would need 
to receive individual and multiple approvals for ea ch shipment, and not be simply allowed to 
import at their discretion (subject to  random testing/inspection upon entry)? 
Answer:
 
According to the currently applied mechanism, import permissions are required for each imported 
consignment. This is due to the fact that Kazakhsta n's system of veterinary control differs from the 
system practiced in other countries In some deve loped countries veterinary services allow imports 
only from inspected foreign establishments and, ther efore, routine laboratory testing is not required 
for each consignment.   
 Kazakhstan is considering to simplify requirem ents for import permission and introduce the 
mechanism of regular inspections.  For regular ex porters, veterinary services of Kazakhstan will 
inspect their farms/enterprises to au thorize them to export their products to Kazakhstan.  Based on the WT/ACC/KAZ/67 
Page 90 
 
 
  results of veterinary inspections, veterinary ser vices would form the list of enterprises permitted to 
export their products to Kazakhstan. This list sh all be sent to related border check-points. The 
laboratory testing of products from enterprises in cluded into the list will be held using sampling 
method.  In turn, import permits would be issued  by central veterinary body for the whole volume 
declared in the contract, but not for each consignm ent.  The permits would be valid until the end of 
the calendar year.  
However, in cases if epizootic situation in the exporting country changes or a consignment owner 
violates veterinary requirements that may cause a ri sk of entry of infec tious animal diseases or 
imported goods do not comply with the veterinary  requirements, authorized body may recall the 
issued permit.        
Regarding the Answer to Question 104 of WT/ACC/KAZ/66 the following should be clarified. 
According to the veterinary rules, a trader, prior to shipping foreign products, must apply for import 
permit to an oblast branch of the veterinary contro l authority in that oblast/region, where the imported 
product is destined to.  To issue import permit: 
− Central authorized body checks whether the exporting country falls under temporary import 
bans due to outbreak of infectious disease.  In  case a country is not listed by OIE and/or no 
information was received from the exporting coun try - Chief State Veterinary Inspector on 
behalf of Central veterinary authority approves the application; and 
− Oblast branches verify compliance of transporta tion and storage facilities to veterinary rules. 
In case the rules are not met - exporter may reapply when all necessary requirements are 
fulfilled. 
Question 109 
Can Kazakhstan provide an explanation as to the conditions under which the possibility of 
import will or will not be approved?  What are some of the criteria involved in this decision? 
Answer:  
The following criteria shall be u sed when issuing import permits: 
− Central authorized body checks whether exporting country is subject to temporary ban due to 
infectious disease outbreak.  In case if:  (i) country  is not under the ban; or (ii) the information 
on outbreak was not received from exporting country or OIE, central authorized body 
approves the application; and 
− Territorial branches confirm safety of transportation and presence of appropriate storage, 
processing conditions and use of imported goods.  
In case imported goods do not comply with the safet y requirements, exporter may re-apply for import 
permit when the incompliance is removed. 
Question 110 Can Kazakhstan explain the justification for re quiring that once imported goods had arrived at 
their destination they had to undergo additional laboratory testing before a final decision could 
be taken on allowing the goods?   
Answer:
 
Firstly, it should be noted that imported goods mu st undergo laboratory testing only one time.   WT/ACC/KAZ/67 
 Page 91 
 
 
  The procedures of veterinary approval of imported goods are as follows: 
− prior to importation, a trader must obtain an import permit (the procedure is described in the 
answer to the Question 108 above); 
− when crossing the Kazakhstan's border, the foreign certificate accompanying the imported 
good is replaced by veterinary statement; 
− then, imported good may be transported to th e final place of destination and placed in 
temporary warehouse under customs control; 
− a veterinary inspector takes samples and sends them to the laboratory testing; and 
− when test results arrive (normally within 3-5 days) the veterinary inspector approves the 
consignment for further customs clearance. 
Shortly, imported goods may be released into fre e circulation by customs authorities only after 
approval of veterinary inspector.  The approval is ma de on the basis of laboratory test results.     
The reasons for a need to conduct laboratory testi ng for each consignment is that according to the 
currently applied mechanism, import permissions are required for each imported consignment.  This is 
due to the fact that Kazakhstan's system of veteri nary control differs from the system practiced in 
other countries.  In some developed countries vete rinary services allow imports only from inspected 
foreign establishments and, therefore, routine laborat ory testing is not required for each consignment.   
For further details please refer to the answer to the Question 108 above. 
Question 111 
Can Kazakhstan outline the process of approvals th at a domestic product must obtain before it 
can be handled internally or tr ansport/sold to another region? 
Answer:  
The official veterinary permit for all kinds of tran sportation within the country is not required.  It 
should be noted, that as soon as imported products pass the state border of Kazakhstan, the same 
veterinary requirements apply to domestic and im ported products when transporting within the 
country. 
However, requirements for transportation within c ountry are de-facto equivalent to import permit 
requirements. 
During the transportation within Republic of Kazakhs tan territorial veterinary services carry out the 
following: 
− Products subject to state veterinary cont rol shall be imported from disease-free area 
(settlement, farm, warehouse, or compartment)  and shall not be under quarantine; and 
− Veterinary control is performed when owner of product applies for veterinary statement when 
transporting, selling in markets, shops or processing. Veterinary inspectors at the place of destination check accompanying veterinary stat ements as well as storage and transportation 
conditions. 
The Comparative table with description of procedur es of issuing permits for internal movement of 
domestic products and their transpor tation and distribution to another region within the country and 
the permitting procedure applied for imported products is provided in Annex 6.   WT/ACC/KAZ/67 
Page 92 
 
 
  Question 112 
Our assessment is that this system of intern al approvals constitutes unnecessary additional 
barriers to trade, and in effect, represent a form  of non-automatic import licensing of the 
importation of such goods.  If an exporting country has been recognised as meeting 
Kazakhstan's appropriate level of protection a nd the produce is accompanied by veterinary 
certificates (and subject to the right to check pro duce at the border), there appears to be little 
justification for requiring an importer to obtain  additional approvals to purchase such product 
in a particular region.  While it is appropri ate for Members to apply legitimate measures for 
control and inspection of product, such measur es should be no less favourable to imported 
products than for domestic products, and based appropriately on the level of risk involved. 
Answer:  
Import permit procedures were established in orde r to provide exporters with information on 
veterinary requirements in Kazakhstan.  
The system of issuing permits for importation of anim al and products of animal origin is regarded as 
the permit system according to the SPS Agreement and, as such, is not subject to Import Licensing 
Agreement.  Provisions of Article 8 of the SPS Agreement allow the members to conduct national 
systems of control, inspection and approval procedur es provided that they observe the provisions of 
Annex C to the Agreement in the operation of control. 
In accordance with Article 4 of Law "On Veterinary", state policy in the sphere of veterinary control 
is aimed at: 
− carrying out state veterinary control on produc tion facilities, storage and distribution subject 
to state veterinary supervision; and 
− protecting the territory of the Republic of K azakhstan from infectious and exotic animal 
diseases originating from other countries. 
To achieve the objectives mentioned above, the vete rinary service of Republic of Kazakhstan shall 
ensure safety of products of animal origin im ported into Kazakhstan not only during the production 
process, but also during transportation and stor age within the territory of Kazakhstan.  
In this regard, import permits are called to ensure  safety and facilitate trade from the following points 
of views: 
− Importer receives information on veterinary transportation and storage requirements, 
meanwhile veterinary services check safety of transportation and storage facilities; 
− Ensure that capacity of reserved storage facilities fit the volume of imported products;  
− Trader is informed on whether an exporting c ountry is a subject to temporary ban due to 
infectious disease outbreak. The list of countr ies subject to temporary ban is formed 
according to the OIE list and the informati on received from the exporting country; and 
− If requested, exporter receives information on ve terinary requirements of Kazakhstan applied 
to imported products.     
In conclusion it should be noted that import permit system helps veterinary authorities of Kazakhstan 
to ensure safety of processes that are outside co mpetence of veterinary services of the exporting 
country, i.e. during transportation, storage, which ma y affect safety of products, even if veterinary 
certificates confirm that product of animal orig in was produced in compliance with Kazakhstan 
requirements.  So exporter does not bear unnecessary costs on check-points due to lack of up-to-date 
information.   WT/ACC/KAZ/67 
 Page 93 
 
 
  It is also important to note that imported and domestic products are subj ect to the same permit 
requirements while they are being transported/moved within the country. 
Question 113 
On equivalence, Kazakhstan notes that it does provide for recognition of equivalence of other 
trading partners' SPS measures.   
Can it indicate how many bilat eral agreements it has in place which involve such recognition of 
equivalence?  What is the practical consequence of recognising such ‘equivalence' in terms of the steps/processes a product must go through to enter Kazakhstan?    
Answer:
 
Until now, Kazakhstan has not signed any formal agre ement on equivalence.  However, it should be 
noted that CIS countries apply uniform (i) veterinary rules on animal diseases and (ii) forms of veterinary statements.  In practice, when ente ring the territory of Kazakhstan, CIS products are 
accompanied with the veterinary statements issued by CIS veterinary inspectors in the same form as 
those issued by Kazakh inspectors.  Thus, the CI S veterinary statements are not replaced when 
products cross the border of Kazakhstan and circulate directly within the territory of the country. 
Question 114 Does Kazakhstan require a bilateral agreement with  all countries?  For example if an exporting 
country objectively demonstrated that its me asures achieved appropriate levels of SPS 
protection in accordance with international st andards or guidelines to which Kazakhstan is a 
party (such as Codex, OIE), would Kazakhstan accept this as ensuring equivalence? 
Answer:
 
Kazakhstan does not require signing bilateral agreemen t on equivalence to permit a country to export 
its product to Kazakhstan. Such agreement may be signed by exporting count ry or Kazakhstan on the 
basis of voluntary initiative.  
The Republic of Kazakhstan became an OIE member  in 1993 and follows provisions of Terrestrial 
Code and Aquatic Animal Commission of OIE in  in ternational trade.  Currently, the Government of 
Kazakhstan has developed the Resolution "On Ratif ication of the International Agreement on the 
Creation of an Office International des Epizooties in  Paris".  Adoption of this Resolution will enable 
Kazakhstan to use OIE international standards and recommendations in  drafting regulatory and legal 
acts in the sphere of animal health and in c onducting economic cooperation with other OIE and WTO 
members.     
In accordance with Article 8 of Law "On Veterinary ", recognition of veterinary-sanitary measures of 
other countries is under the competence of y author ized body.  Such measures ensure appropriate 
level of protection in country of origin.  
With the purpose to enhance the legislation of the Republic of Kazakhstan in the sphere of sanitary 
and phytosanitary measures, the draft law "On Amen dments and Addenda into Some Legislative Acts 
of the Republic of Kazakhstan on Veterinary Issues" has been developed and submitted for 
consideration to the Majilis of the Parliament of the Republic of Kazakhstan.  The draft Law 
introduces legal provisions on food safety in internati onal trade in compliance with the provisions of 
SPS Agreement.   WT/ACC/KAZ/67 
Page 94 
 
 
  In particular, the Draft Law introduces the following provisions: 
− A system of inspection/attestation of domes tic producers and foreign producers exporting 
agricultural goods into the Republic  of Kazakhstan is introduced; 
− The authorized bodies may adopt necessary veterinary-sanitary measures for risk 
management in case when the risk of adverse e ffect of a product for human health and life is 
detected whereas available scientific data is insufficient to determine its extent; 
− Veterinary-sanitary measures shall be based on scientific data and objective assessment of the 
risks for human life and health.  The risk ass essment shall take into account international 
standards, guidelines and recommendations; 
− In assessing the equivalency of veterinary and sanitary measures on a territory of a certain 
administrative-territorial unit, scientific data, r esults of research and monitoring of the spread 
of specific diseases and existence of zones shall be taken into account; 
− To recognize veterinary and sanitary measu res of foreign countries as equivalent, the 
measures shall meet international standards and provide appropriate safety level on the 
territory of the Republic of Kazakhstan from en try and spread of animal contagious diseases; 
− State veterinary and sanitary control shall not be  carried out more often than two times a year 
and shall not last longer than five days; and 
− Territory of administrative-territorial units sha ll be divided into zones depending on spread of 
animal contagious diseases and applied veterinary measures.   
In addition, the following regulations were adopt ed by the Resolutions of the Government of 
Kazakhstan:  
− Resolution of the Government of the Republic  of Kazakhstan No. 336 "On Approval of the 
Technical Regulation 'Requirement for Safety of  Meat and Meat Products'" of 8 April 2008; 
− Resolution of the Government of the Republic  of Kazakhstan No. 263 "On Approval of the 
Technical Regulation 'Requirement for Sa fety of Feed and Feed Additives'" of 
18 March 2008; and 
− Resolution of the Government of the Republic  of Kazakhstan No. 230 "On Approval of the 
Technical Regulation 'Requirement for Safety of  Milk and Milk Products'" of 11 March 2008. 
- Trade-related investment measures 
Question 115 
Under the free warehouse regime devised for the automotive sector described in paragraphs 39, 
200 and 255 of WT/ACC/SPEC/KAZ/9/Rev.1, as well as in response to Question 14 of WT/ACC/KAZ/66, preferences are granted based on  local content.  Additional benefits are 
granted in the form of VAT and import duty ex emptions on the purchase of certain goods.  
Because the incentives under this program are contingent upon the use of domestic over 
imported goods, they appears to be inconsis tent with the TRIMs Agreement (as well as the 
WTO Subsidies Agreement, discussed above).  Pl ease explain how Kazakhstan plans to bring 
this program into compliance with these Agreements. 
Before the Working Party can consider granting a transition period for the elimination of 
WTO-inconsistent TRIMs, Kazakhstan will have to provide a detailed action plan for their 
elimination.  Please provide such an action plan to the Working Party as soon as possible.  
Answer:
 
Currently Kazakhstan is preparing relevant ame ndments to the legislation of the Republic of 
Kazakhstan concerning the "Free warehouse" regime .  According to the draft amendments, the  WT/ACC/KAZ/67 
 Page 95 
 
 
  requirement to use domestic goods over imported goods  in order to receive the tax and import duty 
preferences will be eliminated upon the implementati on of the proposed amendments.  It should also 
be noted that regulations related to taxes and import duties will be applied in a non-discriminatory 
manner to all products produced at "Free warehouses ".  The new legislation will be provided to the 
Working Party as soon as possible. 
The draft amendments are aimed at bringing the "F ree warehouse" regime applied in Kazakhstan into 
compliance with the Article III of the GATT, TR IMs and SCM Agreements.  Please note that 
Kazakhstan is compiling and analyzing information related to subsidy notif ications under Article 25 
of the SCM Agreement.  
- State-trading entities Question 116 As noted earlier, this report needs work in describing the state's role in the economy.  For 
starters, in order to clarify the discussion of STEs/SOEs, consistent with the scope of Article XVII on State-trading enterprises, we recommend combining the material on State ownership from the "State ownership and Privatiz ation" section with the material in "State-
trading enterprises".  A discussion on State-trading enterprises would be notably incomplete 
without information on State-owned enterprises.  In this respect, we would recommend that paragraphs 43-45 and 52 of WT/ACC/SPEC/KAZ/9/Rev.1 be incorporated into the section on "State-trading enterprises".  
Answer:
 
Kazakhstan does not object to combine the materials fr om the "State ownership and Privatization" and 
"State-trading enterprises" sections in  the draft Working Party Report. 
Question 117 
In response to Question 25 of WT/ACC/KAZ/66, Kazakhstan lists a number of activities that 
qualify as state monopolies.  One of those activiti es is "importation and/or exportation of certain 
goods (rhenium, osmium)."  Are there any other products that can be imported or exported 
only by a state monopoly?   
Answer:  
The legislation of Kazakhstan provides the possib ility to introduce state monopoly on importation and 
exportation of goods.  The Government of the Republic  of Kazakhstan defines the list of goods that is 
subject to state monopoly regulation.  At current stage, there is no state monopoly on importation and 
exportation of goods.   
Question 118 
We appreciate the information provided on the State trading enterprises discussed in 
paragraphs 260-262 of WT/ACC/ SPEC/KAZ/9/Rev.1.  However, we need additional 
information on these enterprises, and their role  in the market.  Please provide additional 
information on the sales and purchase decisions ma de by these enterprises, including how these 
enterprises determine the quantity of goods imported  and/or exported, and what laws, if any, 
govern the operations of these enterprises.   WT/ACC/KAZ/67 
Page 96 
 
 
  Answer:  
1. The JSC "Food Contract Corporation" (FCC) The JSC "Food Contract Corporation" is a subsid iary of the newly established national holding JSC 
"KazAgro", i.e. 100 per cent of shares of FCC is owned by "KazAgro". 
Legal base:
 
− Civil Code of 27 December 1994; 
− The Law of the Republic of Kazakhstan No . 415-II "On Joint Stock Companies" of 
13 May 2003; 
− The Law of the Republic of Kazakhstan "O n Grain" of 19 January 2001, No. 143-II; 
− The Law "On State Regulation of Agricultural and Industrial Complex and Rural Territories 
Development" of 8 July 2005; 
− The Law of the Republic of Kazakhstan No . 303 "On Government Procurement" of 
21 July 2007. 
FCC carries out its purchases and sales in the following regimes: - Procurement of grain for the state reserves
 
Annually the Government of the Republic of Kaza khstan allocates funds from the republican budget 
for the purposes of procurement/renewal of the stat e reserves of food grain. State reserves of food 
grain are formed with the purpose to ensure  food security and address emergency needs. 
FCC carries out such purchases on behalf of the G overnment of the Republic of Kazakhstan as an 
operator responsible for management of state grain re serves of grain. State reserves of grain are in the 
state (republican) ownership. Therefore, procurement for state reserves of grain is carried out by FCC 
in accordance with the procedures, volume and amount established by the Government of the 
Republic of Kazakhstan. Grain is purchased for state reserves from domestic farmers directly in 
volumes and within the funds allocated by the Government.  
- State realization resources of grain  
State realization resources of grain are formed in accordance with the Law of the Republic of 
Kazakhstan "On Grain".  Formation and renewal of state reserves of grain are carried out by FCC on 
behalf of the Government of the Republic of Ka zakhstan from farmers or through transfer of grain 
from other state resources of grain. Purchases are funded from the republican budget.  Procurement is 
carried out at fixed prices. 
Pursuant to the Resolution of the Government  of the Republic of Kazakhstan No. 394 of 
28 May 2001, state realization resources of grai n are allocated for provision of humanitarian 
assistance, exportation and regulation of domestic market  (i.e. interventions).  Use of state realization 
resources of grain for the purposes of humanitarian assistance and regulation of domestic market are 
carried out on the basis of the Government decisions. 
FCC can take decisions on use of state realizati on resources of grain for the purposes of exportation, 
sales in the domestic market and renewal of state reserves of grain, at its own discretion. 
- Commercial procurement of grain  
Commercial procurement of grain is carried out by FCC at its own as well as borrowed funds. The 
Government of the Republic of K azakhstan does not determine the price, volume and procedures used  WT/ACC/KAZ/67 
 Page 97 
 
 
  in procurement for commercial purposes. FCC i ndependently sets the price and volume of the 
purchased grain based on its own commercial considerations.  
- Sales of grain at the domestic and external  
Conclusion and implementation of contracts on sale of grain from the state realization resources are 
implemented by FCC in accordance wi th the Rules of formation, stor age, renewal, transportation and 
use of state resources of grain approved by the Resolution of the Government of the Republic of 
Kazakhstan of 28 May 2001 No. 394.  
When (i) state realization resources of grain and (i i) state reserve of grain are not used for their 
intended purpose (i.e. food security and emergenc y needs, humanitarian assistance and regulation of 
domestic market), FCC may sell the grain at prices, volume a nd destinations at its own discretion.          
Use of state realization resources of grain in orde r to provide export supplies of grain, sales at the 
domestic market and renewal of the state reserves of food grain, state resources of feed grain and state 
resources of seeds is carried out by FCC  inde pendently in accordance with the actual commercial 
price at the grain market. FCC can sell the reali zation resources of grain on the basis of swap 
contracts.  
- Purchase of goods for FCC's internal administration needs  
Purchase of goods for FCC's internal administrati on needs is carried out in accordance with the 
procedures established by the Law of the Republic  of Kazakhstan "On Gove rnment Procurement", 
which comply with the Model Law of the Unite d Nations Commission on International Trade Law 
(UNCINTRAL). The Law provides six methods of procurement:  public bidding, closed bidding, 
procurement from one source, and procurement with  selection of a supplier based on price offers, e-
commerce and procurement on a commodity exchange.  Public bidding is the main method of the procurements.  
Statistics
 
During the last three years, FCC has purchased grain: 
− in 2004: 
- for state resources (Government owne d) - 464.1 thousand tons of grain; 
 - FCC commercial purchases - 1,271.1 thousand tons of grain. 
− in 2005: 
- for state resources (Government owne d) - 549.9 thousand tons of grain; 
 - FCC commercial purchases  - 1,123.5 thousand ton of grain. 
− in 2006: 
- for state resources (Government owned) - in  the amount of up to 502.7 thousand tons 
of grain; 
 - FCC commercial purchases - 727.1 thousand tons of grain. 
Today, more than 238 companies, including producers and traders of grain, operate in the grain 
market of Kazakhstan.  The FCC and other co mpanies export grain on the competitive basis. 
Kazakhstan's share in the world exports of grain represents 5.6 per cent.  WT/ACC/KAZ/67 
Page 98 
 
 
  During the last three years, Kazakhstan exported 11.6 million tons of grain, including 602,000 tons 
exported by FCC. The FCC's share in total grai n exports of Kazakhstan is 5.2 per cent. Most 
particularly, the FCC has exported grain in 2005 - 10 00 tons of 2.1 million tons of total exports from 
Kazakhstan, in 2006 - 139.4 thousand tons of 2.6 million tons, in 2007 - 461.9 thousand tons of 
6.9 million tons.  
2. The JSC "Mal Onimderi Korporatsiyasy" (the Corporation on Animal Origin Products) The JSC "Mal Onimderi Korporatsiyasy" (MOK) was established in 2001 to support domestic 
producers of agricultural goods. The MOK is a subs idiary of the newly established national holding 
JSC "KazAgro", i.e. 100 per cent of shares of the MOK is owned by "KazAgro". 
Legal base:
 
− Civil Code of 27 December 1994; 
− The Law of the Republic of Kazakhstan No . 415-II "On Joint Stock Companies" of 
13 May 2003; 
− The Law "On State Regulation of Agricultural and Industrial Complex and Rural Territories 
Development" of 8 July 2005; 
− The Law of the Republic of Kazakhstan No . 303 "On Government Procurement" of 
21 July 2007; 
− The Government Resolution of the Republic  of Kazakhstan No. 149 of 6 March 2006 "On 
Approval of the Program of Priority Measur es for 2006-2008 on Implementation of the 
Concept of Sustainable Development of Agricu ltural Sector of the Republic of Kazakhstan 
for 2006-2010". 
The Government Resolution of the Republic of  Kazakhstan No. 1720 of 27 December 2001 "On 
Certain Issues of  Loaning of the JSC "Mal Onimderi Korporatsiyasy"; 
The Government Resolution of the Republic of Kazakhstan No. 402 of 17 July 2007 "On Certain 
Issues of Procurement and Price Operations of the JSC "Mal Onimderi Korporatsiyasy". 
The MOK carries out its purchase and sale procedures in the following regimes: - Procurement operations with animal-origin products
 
The MOK carries out on behalf of the Governme nt procurement operations with animal-origin 
products at the domestic market at fixed prices with  the objective to ensure market stabilization based 
on the decisions of the Government of the Republic of Kazakhstan.  
The Government of the Republic of Kazakhsta n allocates funds from the republican budget for 
procurement of animal-origin products. Cattle -breeding products purchased by the MOK under 
procurement operations are in state ownership.  
The MOK purchases the products under the relevant state budget program at the prices established by 
the Ministry of Agriculture. Purchase of the products is carried out in accordance with the order of the 
Law "On Government Procurement". Products ar e purchased from producers of agricultural goods 
directly.  
- Price interventions of animal-origin products  
The MOK is an agent of the Government in provisi on of price intervention of cattle-breeding products 
with the purpose to support domestic producers.  Price intervention represents measures undertaken 
upon the decision of the Government of Kazakhsta n on sales of agricultural goods at the domestic  WT/ACC/KAZ/67 
 Page 99 
 
 
  market from the state resources at fixed prices.  Pric e interventions are carried out with the purpose to 
stabilize the domestic market in cases when the market prices fo r agricultural goods have been 
increased above the level of the average annual mark et price, which is formed during the previous 
calendar year adjusted for inflation and defined in the medium-term plan of social economical 
development. 
Within price interventions, agricultural goods shall be so ld at prices set by the Ministry of Agriculture 
to wholesale and retail sellers and  agricultural processing industries through the tender procedure 
conducted by local executive bodies with participation of the Ministry of Agriculture.  
In cases when there is no need to undertake pri ce interventions, MOK could sell agricultural goods at 
the domestic market or export at its own discretion.  
- Commercial procurement of animal-origin products  
MOK is allowed to purchase and sell the cattle-bre eding products for commercial purposes with its 
own or borrowed funding. Government does not de termine price, volume and procedures used for 
commercial procurement. MOK independently sets the price and amount of the purchased grain in accordance with its own business considerations.  
Purchase of goods for MOK's internal administrati on needs is carried out in accordance with the 
procedures established by the Law of the Republic  of Kazakhstan "On Gove rnment Procurement" 
which comply with the Model Law of the Unite d Nations Commission on International Trade Law 
(UNCINTRAL). The Law stipulates six methods of procurement: public bidding, closed bidding, procurement from one source, and procurement with  selection of a supplier based on price offers, e-
commerce and procurement on a commodity exchange . Public bidding is the main method of the 
procurements.  
Statistics:
 
In 2002-2006, the share of MOK in total meat production in Kazakhstan was 0.2 per cent, in 
un-skimmed milk production- 0.5 per cent (or 25,433 tons in 2006).  In 2006, the share of MOK in 
dry milk production was 38 per cent.  The share of MOK in exports of cheese varies from 4.2 per cent 
to 31 per cent.  
In 2006, Kazakhstan produced 30.7 thousand tons of  wool with the share of MOK - 6.2 per cent or 
1,900 tons. MOK has exported 1,038 tons of washed  wool. The main markets of wool consumption 
are China, Uzbekistan, Kyrgyzstan and Russian Federation. 
Production of meat in the Republic of K azakhstan and by the JSC "MOK" in 2002-2006  
slaughtered weight in tons  
Producers 2001 2002 2003 2004 2005 2006 
Total production in 
Kazakhstan 654,500 672,200 693,200 737,100 762,200 805,000 
JSC "MOK"  220 298 884 1,985 238 1,380 
Share of the JSC "MOK" 
in the total  production in 
percentage terms 0.03 0.04 0.1 0.3 0.03 0.2 
 WT/ACC/KAZ/67 
Page 100 
 
 
  Production of un-skimmed milk in the Republic of Kazakhstan and by the JSC "MOK"  
in 2002-2006 (tons)  
Producers 2002 2003 2004 2005 2006 
Total production in 
Kazakhstan 4,109,800 4,316,700 4,556,800 4,714,600 4,891,900 
JSC "MOK" 8,811 10,577 18,856 41,698 25,433 
Share of the JSC "MOK" 
in the total production in percentage terms  0.2 0.3 0.4 0.9 0.5 
 
3. The JSC "KazAgroFinance" 
Legal base:  
− Civil Code of 27 December 1994; 
− The Law of the Republic of Kazakhstan No . 415-II "On Joint Stock Companies" of 
13 May 2003; 
− The Law "On State Regulation of Agricultural and Industrial Complex and Rural Territories 
Development" of 8 July 2005; 
− The Law of the Republic of Kazakhstan No . 303 "On Government Procurement" of 
21 July 2007; and 
− The Law of the Republic of Kazakhstan No. 66 "On Financial Leasing" of 5 July 2000. 
The JSC "KazAgroFinance" is a subsidiary of th e newly established national holding JSC "KazAgro", 
i.e. 100 per cent of shares of "KazAgroFinance" is owned by "KazAgro". 
The JSC "KazAgroFinance" (KAF) was established to carry our on behalf of the Government of 
Kazakhstan leasing and financing of agricultural technology and equipment through the following 
operations: 
− Procurement for subsequent leasing to farmer s of technology and equipment, including 
equipment and machinery for transportation, storage and primary processing of agricultural 
goods, products of fishery and forestry, vegeta ble crops; mechanization of cattle-breeding and 
poultry farms, forage conservation, sprinkl ing and irrigation machines; agricultural 
technology including tractors, trailers, machines  for cultivation, harvesting and protection of 
crop; reimbursement of expenses that are dir ectly related to purchase and delivery of the 
above machinery and equipment.  Leasing period shall be up to seven years; and 
− Financing of purchase of equipment used for processing of agricultural products, 
reimbursement of expenses that are directly related to purchase and delivery of equipment. 
Financing of purchase of equipment could be carried out through leasing and/or providing 
credit/financing for the period of up to eight years. 
The Government does not regulate the price, qua ntity and origin of technology and equipment 
purchased by KAF for subsequent leasing.  
Purchase of goods for KAF's internal administrati on needs is carried out in accordance with the 
procedures established by the Law of the Republic  of Kazakhstan "On Gove rnment Procurement" 
which comply with the Model Law of the Unite d Nations Commission on International Trade Law 
(UNCINTRAL). The Law provides six methods of procurement: public bidding, closed bidding, 
procurement from one source, and procurement with  selection of a supplier based on price offers, e-
commerce and procurement on a commodity exchange . Public bidding is the main method of the 
procurements.   WT/ACC/KAZ/67 
 Page 101 
 
 
  Statistics:  
Import of agricultural technology 
2004 2005 2006 
Technology Total*, 
millions 
of tenge KAF, 
millions 
of tenge KAF 
share, % Total*, 
millions 
of tenge KAF, 
millions 
of tenge KAF 
share, % Total*, 
millions 
of tenge KAF, 
millions 
of tenge KAF 
share, % 
Tractors 8,286.4 1,610.9 19 10, 790.7 858.8 8 8,564.1 1,745.3 20 
Grain 
combains 12,598.2 3,128.7 25 17,097.2 4, 406.8 26 10,195.8 7,877.7 77 
Seeding 
machineries 5,157.8 272.3 5 7,543.8 5, 463.3 72 7,588.6 4,495.4 59 
Other 1,322.5 448.1 34 1,782. 0 129.5 7 3,953.6 72.1 2 
Total 27,364.9 5,460.2 20 37,213. 7 10,858.5 29 3,302.1 14,190 47 
* data of the Statistics Agency of the Republic of Kazakhstan 
Question 119 
Answer of Kazakhstan for the Question 114 of document WT/ACC/KAZ/66 assumes that 
Article XVII G АТТ  does not spread to state enterprises, if  they do not possess special privileges.  
Moreover, it is impression that Kazakhstan co nsiders Article XVII as applied relatively to the 
companies "affecting by means of their purchases or sales for the level or direction of import or 
export".  
We suppose that Article XVII (in opposition of Ag reement of interpretation of this Article) is 
applicable equally to enterprises, owned by Government and to enterprises controlled by 
Government at the central or regional level ev en without special or exclusive privileges. 
Liabilities of this provision are also spread to all purchases and sales, "involving either import 
or export", this is not limited by the companies involved into import and export of goods. 
Therefore, in the light of this understanding of  Article XVII, more than three state trade 
enterprises exist in Kazakhstan. 
Answer:  
Kazakhstan on the basis of careful analysis of Article XVII GATT, Understanding on the 
Interpretation of Article XVII of the GATT (Unde rstanding) and WTO case law, submits to the 
Working Party the following point of view rega rding the commitments entailing for state owned 
(SOEs) and state-controlled enterprises (SCEs)  of Kazakhstan by such WTO provisions. 
Definition of state trading enterprises (STEs) under Article XVII and Understanding  
It is important for Kazakhstan to understand clearly what kind of enterprises involved with 
state/government could be found as STEs within th e meaning of Article XVII and Understanding.   
Paragraph 1(a) Article XVII  contains two elements: 
− state enterprises wherever located; and 
− any enterprise formally or in effect grante d exclusive or special rights or privileges. 
Article XVII does not provide a definition for state ente rprises. With this regard, it is not clear for us 
whether merely state-owned entities (as defined by  Kazakhstan's national la w) or both state-owned 
and state-controlled enterprises constitute state ente rprises within the meaning of Article XVII.   WT/ACC/KAZ/67 
Page 102 
 
 
  Kazakhstan's Law "On State Enterprises", defin es state enterprises narrowly.  Pursuant to 
Kazakhstan's Law "On State Enterprises" state enterp rises are created to address social and economic 
problems determined by the needs of society and state1. 
Therefore, the state is the owner of SOEs and has full command on operations held by these 
enterprises.  Property of state enterprises belong to the state/government by the law of ownership 
while a state enterprise as a juridical person enjo ys its rights by the law of estate operation.  
In contrast, joint-stock companies, limited liabilities pa rtnerships etc., which stocks in full or in part 
owned by the state/government, operate in a different  legal basis. Under Article 34 Civil Code, joint-
stock companies, limited liabilities partnerships and other entities apart from state enterprises are 
commercial entities established to generate profit. The state/Government owns the company shares 
but not its property. Consequently, the property of the company, as the property of an independent juridical person, is private, not state-owned.  
State/government acts solely on the basis of generic legislation enacted for regulating relationships of 
all JSCs, LLP, etc.  Hence, state can influence d ecisions undertaken by such enterprises only within 
and proportionally to the authority conferred by legisl ation to a shareholder of a private company.  For 
instance, state/government holding a minority share in a company can not block or change Board of 
Directors' decision.  
Operations held by state trading entities
 
With respect to transactions covered by Article XV II obligations, the text of the Article as well as the 
WTO case law is sufficiently straightforward. Ar ticle XVII obligations cover only purchases or sales 
involving whether imports or exports. 
Paragraph (a) Article XVII reads that "…such enterprise shall, in its purchases or sales involving 
whether imports or exports, act in a manner consistent with the general principles of non-
discriminatory treatment prescribed in the Agreement for governmental measures affecting imports or 
exports by private traders". 
The relevant dispute settlement judgments rea ffirm that Article XVII commitments bind only 
purchases or sales involving either imports or exports.  In particular, Appellate Body in Canada - 
Wheat Exports and Grain Imports2 case ruled that: 
[M]embers may establish or maintain State enterp rises or grant exclusive or special privileges 
to private enterprises, but requires that, if th ey do so, such enterprises must, when they are 
involved in certain types of transactions ("purchases or sales involving either imports or 
exports"), comply with a specific requirement3.    
 Appellate Body in paragraph de velops further its point in analysing the commitment language 
contained in paragra ph (b) Article XVII: 
[t]he clause under examination does not refer, in the abstract, to any purchases and sales. 
Rather, it refers to "such purchases or sales", re peating the phrase found in the first clause of 
                                                      
 1- to ensure financial security for national de fence and protection of society's interests; 
   -  production of goods (works and services) of primary needs in the areas and sectors of public 
production, which are not covered or insufficiently covered by private sector of the economy; 
   -  implementation of activities in the areas qualified as state monopoly or public functions, 
except for control and supervision functions. 
2 Appellate Body Report "Canada – Measures Relating to Exports of Wheat and Treatment of Imported 
Grain", WT/DS276/AB/R dated 30 August 2004  
3 Paragraph 85 supra   WT/ACC/KAZ/67 
 Page 103 
 
 
  subparagraph (b). As discussed in our analys is above, this phrase in subparagraph (b) of 
Article XVII:1 refers back to the activities identified in subparagraph (a), namely the 
purchases and sales of an STE involving imports or exports. 
In other words, the second clause of subpara graph (b) refers to purchases and sales 
transactions where:  (i) one of the parties involved in the transaction is an STE; and (ii) the 
transaction involves imports to or exports from the Member maintaining the STE. Thus, the requirement to afford an adequate opportunity to compete for participation (i.e., taking part 
with others) in "such" purchases and sales (i mport or export transactions involving an STE) 
must refer to the opportunity to become the STE's counterpart in the transaction, not to an 
opportunity to replace the STE as a participant in the transaction. 
Hence, it is clear that in order to comply with  Article XVII, state enterprises must conduct its 
transactions involving export and import, i.e. im port or export transactions involving an STE in a non-
discriminatory fashion.  
Taking into account the statement above, we do not see a legal basis for obligations of Article XVII 
GATT to "reach all purchases or sales" of an STE.  Hence, we assert that Kazakhstan will undertake a 
commitment on STEs as stipulated in Article XVII of GATT. 
Question 120 
We further request that Kazakhstan submit a re vised STE notification, based on the proper 
understanding of Article XVII.          
Answer:
 
The Understanding of Article XVII of GATT stipulat es that the obligations on providing notifications 
covers only state-owned and private companies, including marketing boards, which have been 
empowered with exclusive or special rights or priv ileges, including legal or constitutional authorities, 
by carrying out of which they impact on the level or direction of import/export through their 
procurements or purchases.     
Kazakhstan has provided to the WTO Secretariat th e notification on three companies, which can be 
state trading entities (JSC "Food Contract Corporat ion", JSC "Mal Onimderi Korporatsiyasy", and 
JSC "KazAgroFinance") and are subject to notification according to the Understanding of Article XVII of GATT.   
Currently, there are about 4,322 state-owned comp anies and 354 Joint stock companies, limited 
liability partnerships and companies with state pa rticipation under the state (republican and local) 
property.  National holdings include about 39 companies.  The quantity of the state-controlled 
companies and companies under national holdings re gularly changes due to structural reforms. 
Due to large volume of information, providing data on volumes and prices of purchase and sales of 
the mentioned companies with notification is impossible.  
Question 121 
On the basis of the proper understanding of Article XVII, we request that Kazakhstan identify 
the principal STEs in Kazakhstan - including th ose characterized as "state monopolies" - and 
explain how the sales and purchasing decisions of those firms are undertaken.  Under what 
circumstances do those firms purchase domestic products over like imported products?  What 
laws, if any, govern the operations of those firms? WT/ACC/KAZ/67 
Page 104 
 
 
  Answer:  
I.  Principle state enterprises 
The list of enterprises, which can fall under oblig ations on notification in accordance with the 
Understanding of the Article XVII of GATT, ar e provided in the document WT/ACC/KAZ/51 (Food 
Contract Corporation, Mal Onimderi Korporatsiyasy, KazAgroFinance). 
The list of the state-owned enterprises and compan ies, under control of the government and national 
holding companies, which can fall under obligations of the Article XVII of GATT, is provided in Annex 3 of the document WT/ACC/SPEC/KAZ/9/Rev.1. 
II.  The sales and purchasing decisions of prin ciple state enterprises and companies, being 
under control of the government and national holding companies, which can fall within 
obligations under Article XVII of GATT 
Enterprises with state participation are divided as follows:  
− state-owned enterprises:  on the basis of economic and operating management right; and 
− joint stock companies, limited responsibility partne rships (state direct participation or as 
subsidiaries of national holding companies).   
- State-owned enterprises
 
Legislation:  Chapter VI (Article 102-104) of Civil Code of 27 December 1994, the Law of the 
Republic of Kazakhstan "On State enterprises" of 19 June 1995 No. 2335, the Law of the Republic of 
Kazakhstan "On Government pr ocurement" of 16 May 2002 No. 321.        
State enterprises include those:  
− based on economic management right; 
− based on operating right (state institution); and 
− Conditions for transactions conducted by state en terprises are regulated by the Law "On State 
Enterprise".  
The sphere of activity of state enterprises must comp ly strictly with main tasks of state enterprises 
activities, defined in the Law "On State Enterprise" , in particular, solution of social and economic 
tasks, determined by the need s of the society and the government (Article 2).      
It is prohibited to delegate the control and supervisory responsibilities to state enterprises (Article 8). 
It is mandatory for the state enterprise to impl ement the government order (procurement). The 
enterprise has no right to refuse to conclude contr acts as purchaser or seller of goods (work, services), 
if conclusion of such agreements is provided by the order of the government. Product (work, service), 
not covered by the government order (procureme nt), is traded by enterprise independently 
(Article 13).    
Prices of goods (works, services), produced by state en terprises must provide:  (i) full coverage of the 
costs incurred by enterprise during production, (ii) break-even of its activity and (iii) funding of 
operations made at their own costs. Goods (work, services) prices, produced and traded by enterprise 
on account of implementation of the government or der (procurement), are fixed by enterprise upon 
consent of the authorized body, taking into cons ideration the above-mentioned criteria.         WT/ACC/KAZ/67 
 Page 105 
 
 
  Prices of goods (work, services), not included into the government order (procurement) are 
determined by state enterprises independently. With  the view to prevent overpricing of goods (works, 
services), traded by enterprises (except entities of state monopoly), antimonopoly authority shall 
determine the procedure of establishing such prices (Article 26).            
Prices of goods (work, services), produced and traded by a state institution, are fixed by the 
government authorities (Article 40).     
- State monopolies  
State monopolies are established in the form of st ate-owned enterprises.  Determination of certain 
activities as state monopoly is stipulated by such laws as "On Safeguarding Activity", "On Regulation 
of Trading Activity", "On Veterinary", "On Trademar ks, Service marks and Appellations of Origin of 
Goods", "On Protection of Sel ective Achievements", "On Plan t Protection", "On Government 
Procurement", Patent Law and Forestry Code.       
Pursuant to the abovementioned laws and the R esolution of the Government of the Republic of 
Kazakhstan "On Approval of the List of Subject s of State Monopoly and Spheres in Which the 
Subjects Have Monopoly Position", the state monopoly covers the following activities: 
− Forest management, related to demarcation of the state forestry fund, forest inventory and 
planning of forestry management in segments of the state forestry fund;   
− Protection of objects subject to state security; 
− Management of information systems, develope d to provide government  procurement process; 
− Phytosanitary monitoring of extremely hazardous organisms; 
− Diagnosis of extremely hazardous animal dise ases, included into the list approved by the 
Government of the Republic of Kazakhstan; 
− Registry tests, approbation of veterinary prepar ations, feeds and supplementary feed testing, 
as well as control of veterinary preparations series (lot) for its reclamation;  
− Elimination of nidi of extremely hazardous infectious animal diseases, included in the list 
approved by the Government of the Republic of Kazakhstan; 
− Disinfection of transportation vehicles on vete rinary control posts at the state borders; 
− Republican reserve of veterinary preparations;  
− Protection of trade marks, services marks, appellations of origin of goods, innovations, utility 
models, industrial designs, selective breeding achievements; 
− Production of identity documents of  the Republic of Kazakhstan; 
− National hydro-meteorological and environmental monitoring;   
− Pre-licensing examination of enterprises for th e right to produce ethyl spirit and alcohol 
beverages, adjustment of spirit measuremen t instruments and control the spill over of 
counting instruments; 
− Monitoring of education quality, conducting uni fied national testing, complex testing for 
admission to the higher education institutions, t esting during the intermediate state inspection 
and certification of organizations providing higher education programs; 
− Banking, preservation and management of blood and its components; 
− Expert services during the state registration of medicinal preparation; 
− Maintenance and development of network of el ectronic election system infrastructure; and 
− Carrying out state expertise of the projects on construction.  
State monopoly prices for: 
− services in the context of the government or der (procurement) for types of service are 
approved by the Agency of Regulation of Natural Monopolies; WT/ACC/KAZ/67 
Page 106 
 
 
  − goods (works, services), produced and traded by companies which are not the government 
order (procurement) are approved by the Antimonopoly Agency. 
There are 15 state companies in total functioning in 18 spheres of the state monopoly. It is important 
to note that, not all state companies operate in the sphere of state monopoly.  
Procurement of goods, work and services is carried out  by the state enterprises in accordance with the 
Law of the Republic of Kazakhstan "On Governme nt Procurement" with the purpose to provide 
transparency of procurements and effective use of money at their disposal.  
- Joint stock companies, partnerships, etc  
Legislation:  Civil Code of 27 December, 1994; the Law of the Republic of Kazakhstan "On Joint 
Stock Companies" of 13 May 2003 No. 415-II. 
Under Article 34 of the Civil Code of the Republic  of Kazakhstan, joint stock companies (JSCs), 
partnerships are commercial entities established to generate profit.  The state owns the company 
shares but not its property.  Consequently, the property of the company, as the property of an independent juridical person, is private, not state-owned. 
State acts solely on the basis of generic legislati on enacted for regulating relationships of all JSCs, 
partnerships etc. The rights of the state and its in fluence in the business decision-making process are 
determined by the quantity of shares owned by the st ate.  The activities of joint stock companies with 
the state participation are not limited by the state.  Hence, state can influen ce decisions undertaken by 
such enterprises only within and proportionally to the authority conferred by legislation as to a 
shareholder of a private company.  For instance, state holding a minority share in a company can not 
block or change Board of Directors' decision.  
The joint stock companies with direct participa tion of the government and national holding take a 
decision as a separate juridical person with respect to quantity, price, and choice of buyer or supplier. 
For instance, according to the Law "On Joint Stoc k Companies", the government can influence some 
decisions of the companies only within the compet ence of shareholders and the Board of Director, 
which are equal for both private companies and the state representatives.  
The exceptions include cases, when the government and/or local executive bodies involves joint stock 
companies and/or state owned companies as an agent to carry out certain operations in the market, 
including procurement and sale of goods and services (interventions , food aid, export, sale for the 
purpose to eliminate food shortage at the market).  In such cases, the Government may define the 
order, price and volume of purchase or sales.  
Question 122 
Please provide further details on "natural mo nopolies" in Kazakhstan, and how these differ 
from "state monopolies".  To what extent are the operations of natural monopolies governed by 
laws?  What role do natural monopolies play in  sales/purchases involving imports/exports, and 
in the distribution of imports in the domestic market? 
Answer:
 
The notion "state monopoly" differs from the notion "natural monopoly". These notions are mutually 
exclusive.  
According to the Law of the Republic of Kazakhs tan "On Natural Monopoly" the natural monopoly is 
the condition of services (goods, works) market, when  creation of competitive conditions to meet the  WT/ACC/KAZ/67 
 Page 107 
 
 
  demand for particular types of services (goods, wo rks) is impossible or economically unreasonable 
due to technological characteristics of production and delivery of such type of services (goods, 
works). 
The government regulates the price of services subject to the Law "On Natural Monopoly".  
According to the Law, production and sale of pr oducts do not fall under natural monopoly regulation. 
Subjects of natural monopoly purchase and sell goods according to their own commercial purposes. 
The government does not regulate such an activity of subjects of (individuals) of natural monopoly.  
Whereas, the state monopoly is the sphere of activity, where management is carried out only by the 
government authorities and/or state-owned compani es on the basis of regulatory legal acts of the 
Republic of Kazakhstan, and also in cases, when in troduction of competition is not justified due to 
national security interests, maintaining justice, secu rity of high officials, defence and military-industry 
interests. 
Also see answers to questions above. 
Question 123 
According to Kazakhstan's initial notification on State-Trading Enterprises, WT/ACC/KAZ/51, 
the State Food Contract Corporation (FCC) reg ulates and implements export contracts for 
wheat, barley and rice in agreements betwee n governments.  Please provide additional 
information to the Working Party on how the FCC regulates trade in those commodities, 
examples of when such regulation occurred and percentage of trade of those commodities that come under FCC regulation. 
Answer:
 
Food Contract Corporation carries out exports, stip ulated by intergovernmental agreements, on the 
basis of Government Resolutions.  
According to the following Government Decisions, FCC has exported food grain in 2004-2007 within 
Kazakhstan's food aid to Georgia and Kyrgyzstan:  
− The Resolution of the Government of the Republic of Kazakhstan "On Humanitarian 
Assistance to Georgian People" of 12 July 2004, No. 758 - 1,000 tons of food wheat; 
− The Resolution of the Government of the Republic of Kazakhstan "On Humanitarian 
Assistance to Kyrgyz People" of 23 April 2005, No. 385 - 1,000 tons of food wheat; and 
− The Resolution of the Government of the Repub lic of Kazakhstan "On Official Humanitarian 
Assistance to People of Kyrgyzstan" of 16 April 2007, No. 303 - 1,500 tons of food wheat. 
It is clear from above that the share of food gr ain supplies under intergovernmental agreements is 
insignificant both in the total volume of FCC exports, as well as in the total volume of exports of the 
country. 
- Free zones, special economic zones 
Question 124 In paragraph 266 of WT/ACC/SPEC/KAZ/9/Rev.1 , Kazakhstan explains that when goods are 
exported from special economic zones into the rest of Kazakhstan, export taxes are paid.   
Please confirm that the import duties originally  excluded are applied as well to the products 
imported into the rest of Kazakhstan.   WT/ACC/KAZ/67 
Page 108 
 
 
  Answer:  
In paragraph 266 of WT/ACC/SPEC/KAZ/9/Rev.1 , Kazakhstan explains that when goods are 
exported from special economic areas into the rest of  Kazakhstan, export taxes are paid.  Please note 
that there is a technical error and reference shoul d be made here to   import duties but not export 
taxes.   
Kazakhstan confirms that when goods imported to th e territory of special economic areas are released 
to the rest of the customs territory of the Republic  of Kazakhstan, customs duties and taxes shall be 
charged, and non-tariff regulatory measures shall be applied, in compliance with the terms of the 
declared customs regime.  
Question 125 We appreciate the representative of Kazakhstan' s promises to eliminate the terms "import 
substituting" and "export-oriented"  from the rel evant Decrees and regulations.  Please provide 
a copy of the relevant legislation to the Workin g Party.  In addition, does Kazakhstan plan to 
take a commitment to ensure the enforcement of its WTO obligations in free zones and/or SEAs existing or established within its territory, in cluding the prohibition of TRIMs or subsidies 
contingent in law or in fact on local content or export performance?   
Answer:
 
In order to comply the current legislation of th e Republic of Kazakhstan with the provisions of the 
WTO Agreement on Subsidies and Countervailing Measures the following legal acts have been 
developed by Kazakhstan: 
− a draft Presidential Decree "On Amendments to Presidential Decrees of the Republic of 
Kazakhstan" which will introduce amendments to Presidential Decree No. 853 "On Creation 
of Special Economic Area "Seaport Aktau" of  26 April 2002 and Presidential Decree 
No. 1166 "On Creation of Special Economic Area "Informational Technologies Park" of 
18 August 2003 eliminating the use of the term s "import-substituting" and "export-oriented" 
as criteria for granting preferential treatment; and 
− a draft Government Resolution "On Amendmen ts to Government Resolution No. 1376 of 
26 September 1997" which will eliminate the te rm "export-oriented" from the Regulation of 
Procedures on Formation and Use of Assets of the Fund for Economical and Social 
Development of Special Economic Area. 
Texts of these legislative acts will be submitted to the Working Party on the Accession of Kazakhstan 
to the WTO after their adoption. 
Besides, for the purpose to increase operating effi ciency of special economic areas as well as to 
systematize their establishment and placement ma tters, new Law of the Republic of Kazakhstan 
No. 274 was adopted on 6 July 2007 "On Special Ec onomic Areas in the Republic of Kazakhstan" 
which had invalidated the Law of the Republic of Kazakhstan No. 2823 "On Special Economic Areas 
in the Republic of Kazakhsta n" of 26 January 1996.  
According to the new Law, SEAs can be established for the period up to 25 years.  The Ministry of 
Industry and Trade of the RK shall be the authorized body exercising state regulation in the field of 
SEAs' development and operation.  
Text of the new Law "On Special Economic Areas in the Republic of Kazakhstan" is available 
through document WT/ACC/KAZ/67/Add.1.  WT/ACC/KAZ/67 
 Page 109 
 
 
  Pursuant to the Presidential Decree No. 495 of  19 December 2007, SEA "National Industrial 
Petrochemical Techno-Park" is to be created for the period up to 31 December 2032.  
SEA "National Industrial Petrochemi cal Techno-Park" is to be created on the territory of Atyrau 
oblast for the purpose of developing and implementi ng "breakthrough" investment projects to create 
and develop international leve l petrochemical production on deep hydrocarbon processing and 
production of wide competitive petrochemi cal products with high added value. 
The priority activities of the given SEA shall be the following: 
− construction and maintenance of the internationa l level complexes, productions and structures 
for deep hydrocarbon processing; 
− formation of modern high-tech infrastructure to  ensure effective activity of petrochemical 
productions; 
− development and implementation of marketing, scientific-research and technological projects 
and carrying out technical and economic and de velopment works to create and elaborate new 
innovative petrochemical, rela ted and associated producti ons and technologies; and 
− training and retraining of technical experts for petrochemical industry in compliance with 
international standards. 
Also, according to the Presidential Decree No. 512 "On Creation of Special Economic Area "Burabai" 
of 15 January 2008, SEA "Burabai" is to be created for the period up to 1 December 2017. 
SEA "Burabai" is created on the territory of Shuchinsk rayon of Akmola oblast for the purpose of 
creating efficient and competitive tourism infrastructure. 
The following shall be the priority activity on the territory of the given SEA: 
− arranging and developing cultural-informative, health-improving, ecological, business, sports 
and other tourism; 
− providing with various tourism services, confor ming to international standards, including 
health improvement, entertainment, catering, transportation, hotel, excursion, information 
services; and 
− arranging productions of vari ous souvenirs, including of national themes.       
Taxation of the establishments operating on the territo ry of the aforementioned SEAs shall be made in 
accordance with the tax legislation of the Republic of Kazakhstan. Customs clearance and control on 
the territory of the given SEAs shall be made in or der stipulated by the customs legislation of the 
Republic of Kazakhstan. 
At the present time feasibility study of the followi ng projects is in the process of development:  SEA 
"Dostyk", "Horgos - East Gates", "West Gates" and "Tobyl". 
The SEAs "Dostyk", "Horgos - East Gates" and "West gates" are to be estab lished for development of 
transport infrastructure and transit capacity of Kazakhstan to enhance bor der trade and economic 
cooperation in the region. 
Kazakhstan is currently consideri ng to make the following commitment: 
[["Kazakhstan confirms that the free zones authorized  by the legislation of Kazakhstan would be fully 
subject to the coverage of Kazakhstan's commitment s taken in its Protocol of Accession to the WTO 
Agreement, and that Kazakhstan would ensure enforc ement of its WTO obligations in those zones. In 
addition, goods produced in these areas under tax and tariff provisions that exempt imports import and WT/ACC/KAZ/67 
Page 110 
 
 
  imported inputs from tariffs and certain taxes woul d be subject to normal customs formalities when 
entering the rest of Kazakhstan, including the application of tariffs and taxes."]]  
- Agricultural policies 
Question 126 
We share the concerns of other working party members that the proposed base period of 
1996-1998 is not an accurate or ac ceptable period for Kazakhstan's further commitments in this 
area. 
Answer:  
Kazakhstan is in the process of preparation of  information on domestic support measures to 
agriculture during recent years for discussions with WTO members within the framework of 
plurilateral negotiations on agricu lture. Kazakhstan will also discuss the issue of export subsidies 
within the context of plurilateral negotiations.  
Question 127 
We note this section of the Report will need  to be updated and revised once Working Party 
members and Kazakhstan have resolved outstanding issues in relation to this area of work in 
the plurilateral process on agriculture. 
We nevertheless would continue to urge Ka zakhstan to commit to eliminate any export 
subsidies it may be using upon accession and to bind its agricultural export subsidies at zero.  
We would propose the following language for the report: 
The representative of Kazakhstan confirmed that  agricultural export subsidies would be bound 
at zero in Kazakhstan's Schedule of Concessi ons and Commitments for Goods.  She also 
confirmed that export subsidies applied to agricultural products would accordingly be 
eliminated by the date of accession.  The Working Party took note of these commitments. 
We also reiterate that Kazakhstan's domestic support commitments will need to be scheduled 
on the standard and appropriate basis - that is on the basis of the most recent three-year period 
prior to accession.  An important benefit of acces sion is in locking in reform undertaken to date 
in the agriculture sector, and for existing Members to have a clear sense of the extent and nature of support provided upon accession.  We look forward to Kazakhstan coming forward with information on more recent levels of ex penditure in agriculture and the structure of 
current programs.  
Answer:
  
Kazakhstan is in the process of preparation of  information on domestic support measures to 
agriculture during recent years for discussions with WTO members within the framework of 
plurilateral negotiations on agricu lture. Kazakhstan will also discuss the issue of export subsidies 
within the context of plurilateral negotiations.   WT/ACC/KAZ/67 
 Page 111 
 
 
  V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME 
- SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING PROCEDURES 
FOR THE ACQUISITION AN D MAINTENANCE OF INTELLECTUAL PROPERTY 
RIGHTS 
- Copyright and related rights 
Question 128 In the response to Question 125 of WT/ACC/KAZ/57, Kazakhstan stated that on 9 July 2004 it 
adopted amendments to the "Law on Copyrigh t and Neighbouring Rights" of 10 June 1996.  
These amendments, among other things, aimed to pr ovide explicit protection for pre-existing 
works.  The 2004 amendments also bring Kazakhs tan's copyright law closer to full compliance 
with the WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty 
(WPPT).  We also understand that this statute was further amended in 2005 to extend the term of protection granted under copyright and neighbo uring rights.  Please provide the most recent 
version of the "Law on Copyright and Neig hbouring Rights" that reflects the 2004 and 2005 
amendments. 
Answer:
 
Amended text of the Law "On Copyright and Re lated Rights" is available through document 
WT/ACC/KAZ/67/Add.1. 
- Trademarks, including service marks 
Question 129 
In the answer to Question 130 in WT/ACC/ KAZ/57, Kazakhstan has indicated that "In 
accordance with the Trademark Law, geographica l indications shall enjoy the same treatment 
and degree of protection as trademarks" and th at Article 10 of Kazakhstan's Law No. 456 "On 
Trademarks, Service Marks and Appellations of Places of Origin of Goods" (the Trademark 
law) includes the concept of priority in the tr ademarks/geographical indications regime.  Based 
on this response, can Kazakhstan confirm that the grounds for opposing and cancelling a GI 
include that the geographical indication is likel y to cause confusion with a prior trademark or 
well-known mark in Kazakhstan? 
Answer:  
According to the Trademark Law the term "app ellation of origin" is analogous to the term 
"geographical indication" used in the TRIPS Agreem ent. According to point 2 of Article 25 exclusive 
right to use the appellation of origin may be granted to one or several legal entities or natural persons 
engaged in business activities, manufacturing in th is geographical area goods the properties of which 
are related, exclusively or mostly, to this geogra phical area, including natural and/or human factors. 
Designations that according to Article 27 shall not be registered as appellations of origin are the 
following: 
− those that represent the name of geographical area but are confusing as to the place of 
manufacture of that product;  
− those that formally indicate the real place of manufacture of a product but give an erroneous 
idea that this product originates from another territory; and 
− those that contain geographical indications not related to a place of manufacture and are 
widely used in the Republic of Kazakhstan as designations of some known goods.  WT/ACC/KAZ/67 
Page 112 
 
 
  According to the abovementioned, the grounds for opposing and cancelling geographical indication 
do not include the one according to which the geogr aphical indication is likely to cause confusion 
with a prior trademark or well-known mark in Kazakhstan. 
However, according to the developing by the Re public of Kazakhstan Draft Law "On amendments 
and additions to certain legislative acts of th e Republic of Kazakhstan on intellectual property" 
Article 39.3 of the Trademark law shall provide that  registration of an appellation of origin may be 
contested and invalidated if use of an appellation of origin is liable to mislead the consumer as to the 
true identity of the good or its manufacturer because of the trade mark with earlier priority which is 
renown in the Republic of Kazakhstan due to its active use. 
Question 130 In addition, concerns remain on whether Kazakhst an is providing for national treatment in its 
trademark and geographical indication regime. Can Kazakhstan confirm that foreign right 
holders have the ability to directly apply for GI  protection without the intercession of their 
governments? 
Answer:
 
Existing legislation fully provides for national treatment in its trademarks and geographical 
indications regime. In accordance with Article 48 of  the Trademark Law foreig n natural persons, legal 
entities and stateless persons shall enjoy the rights a nd have the obligations provided for in this Law 
on the same grounds as natural pe rsons and legal entities of the Republic of Kazakhstan unless 
otherwise provided for by legal enactment s of the Republic of Kazakhstan.  
Foreign right holders have the ability directly a pply for geographical indications protection without 
the intercession of their governments. 
According to point 3 of Article 46 foreign legal entities shall exercise the rights of the applicant, 
owner of the trademark or the appellation of origin, as well as the right of an interested person in the 
authorized body and its expert or ganizations through patent agents. 
- Geographical indications, including appellations of origin Question 131 According to paragraph 323 of WT/ACC/SPEC/KA Z/9/Rev.1, geographical indications (GIs) 
"registered in Kazakhstan by foreigners, a nd protected by Kazakhstan's Laws or by 
international treaties and agreements to whic h Kazakhstan was party, enjoyed the same 
protection as geographical indications registered by Kazakh nationals." 
If a foreigner wishes to protect a GI in Ka zakhstan, is a treaty or agreement between 
Kazakhstan and the foreigner's ho me country (or the country in which is located the place to 
which the GI refers) required in order for that  GI to receive the same protection as a GI 
registered by a Kazakh national? 
If so, please indicate the operative provision in  Kazakhstan's law concerning the requirement of 
an agreement or treaty for protection of foreign GIs? 
We note that Article 25 of the Trademark law st ates that GI protection is granted by means of 
international agreements, and suggest that this provision or the provision concerning 
application filing (Article 28) be clarified to indicate that foreign (and domestic filers) can  WT/ACC/KAZ/67 
 Page 113 
 
 
  directly apply for GI protection in Kazakhstan without the need of a bilateral 
agreement/government intervention. 
We are concerned that Kazakhstan would not be providing national treatment to the nationals 
of all WTO members and would also be denying MFN treatment to at least some of those 
members if a bilateral agreement is required in order to obtain protection for foreign GIs.  
Answer:  
Foreign fillers can directly appl y for geographical indications prot ection in Kazakhstan without need 
of a bilateral agreement/government intervention. In accordance with Article 48 of the Trademarks 
Law foreign natural persons, legal entities and stateless persons shall enjoy the rights and have the 
obligations provided for in this Law on the same grounds as natural persons and legal entities of the 
Republic of Kazakhstan unless otherwise provided for by legal enactments of the Republic of 
Kazakhstan.  
Nonetheless, to clarify the provision of Article 25 of the Trademark Law, Draft Law "On amendments 
and additions to certain legislative acts of the Republic of Kazakhstan on intellectual property" shall provide addition of Article 25 with point 3 according to which state registration of an appellation of 
origin of the foreign geographical object shall be allo wed if the name of this object is protected as an 
appellation of origin in the country of origin of the good. Owner of the exclusive right of use of the stated appellation of origin shall only be the person  whose right to use this appellation of origin is 
protected in the country of origin of good.   
Question 132 
In paragraph 326 of WT/ACC/SPEC/KAZ/9/Rev.1, Kazakhstan states that "the registration of 
an appellation of origin used in association with goods originating outside the territory of Kazakhstan, entailed only a document certifying  the right of the foreign applicant to the 
geographical indication in association with the product from the country where the goods 
originated."  What type of document would be  accepted to certify the rights of the foreign 
applicant?   
The requirement that an applicant for GI protection provide a document providing the 
applicant's right to the GI in the country of origin  could effectively be used to deny protection to 
countries that have a different system of protect ion for GIs than Kazakhstan, such as unfair 
competition or trademark systems.   
How will Kazakhstan ensure that this requirement w ill not be imposed in such a way as to raise 
national treatment and MFN concerns?   
To avoid this problem, will Kazakhstan accept other evidence of protection in the foreign 
country, such as a certification mark registration or other evidence of use and control of the term?   
Answer:
 
According to sub-point 3 of point 3 of Article 29 of the Trademarks Law the application must be 
accompanied by the document attesting the right of a foreign applicant to use the appellation of origin 
in question in the country of origin of the produc t.  Such document can be document of any type 
attesting the right of a foreign applicant to use the appellation of origin in question in the country of 
origin of the product.  This requirement seems to  be logic as it comes from a definition and specific 
character of the appellation of origin of goods.  Na tional applicants confirm particular properties of a 
product determined by natural and/or human factor s of the geographical area in question providing a WT/ACC/KAZ/67 
Page 114 
 
 
  statement from the competent body. This require ment seems to be quite comparable to the 
requirements provided for foreign applicants. 
Such evidence of protection in a foreign country as a certification mark regist ration or other document 
attesting use and control of the term will be acce pted in Kazakhstan if those documents evidence 
protection of the appellation of origin in  the country of origin of the product. 
- Requirements on undisclosed information,  including trade secrets and test data 
Question 133 Regarding the answer to Question 148 of WT/ACC/KAZ/57, TRIPS Article 39(3) requires not 
just protection against disclosure of pharmaceutica l or agricultural chemical test or other data, 
it also requires protection of such information against unfair commercial use.  Kazakhstan has 
not explained how its law complies with this se cond part of TRIPS Article 39.3 requirements.  
Kazakhstan has pointed out that its law prohibits disclosure of such data, but protecting against disclosure is not the same as protecting agai nst unfair commercial use, which is the second 
requirement of TRIPS Article 39.3.  Please provide the Working Party with detailed information about how its law protects against unfair commercial use as required by TRIPS 
Article 39.3. 
In paragraphs 348 and 349 of WT/ACC/SPEC/KAZ/9 Rev.1 and in the response to 
Question 122 of WT/ACC/KAZ/66, Kazakhstan notes several provisions of the law that are said to ensure that data will be protected.  The rel ationship of Article 34 of  Kazakhstan's Patent 
Law to TRIPS Article 39(3) is not understood.  TRIPS Article 39(3) relates to data that, for 
instance, would be submitted to a Ministry of Health (or other regulatory body in charge of 
approvals of the marketing of pharmaceutical or of agricultural chemical products) to have a 
new drug approved for marketing, not to  information submitted in a patent 
application.  Moreover, Article 126 of the Civil Code will not necessarily regulate the conduct of 
someone within the Ministry of Health (or other re gulatory body).  Accordingly, it is not clear 
how Kazakhstan will protect data where, as a condition of approvi ng the marketing of 
pharmaceutical or of agricultural chemical pr oducts which utilize new chemical entities, the 
applicant for such an approval is required to  submit undisclosed test or other data, the 
origination of which involves a considerable effort.  Protection of such data against unfair commercial use involves more than merely not disclosing the data; Kazakhstan must protect 
such data against unfair commercial use.  Th e only effective way to protect against unfair 
commercial use in the regulatory approval pro cess is to give the innovator a period of 
exclusivity.  A period of exclusivity ensures th at no third party is permitted to rely upon the 
data for a period of time during which is appropriate under the circumstances to prevent unfair use.  To comply with TRIPS Article 39, Kaza khstan must provide more than mere punishments 
for disclosure without authorization, but must al so include provisions that relate to the drug 
approval process and that protect such data again st unfair commercial use.  Please explain how 
Kazakhstan will ensure compliance with TRIPS Article 39. 
Answer:
 
At present time work is being carried out on elaboration of the Draft Law that provides for 
introduction of a norm giving the applicant (innovator) a "period of exclusivity" that guarantees that no third party is permitted to rely upon the data of  the applicant for a period of time during which is 
appropriate under the circumstances to prevent unfair use.   WT/ACC/KAZ/67 
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  Question 134 
In the response to Question 122 of WT/ACC/KAZ/ 66, the following sentence is not understood:  
"The Civil Code of the Republic of Kazakhstan requires nondisclosure of data or information 
during approbation, sale or marketing of chem ical, pharmaceutical, or agricultural products 
what complies with Article 39(3) of TRIPS Agreement." 
Was the word "submitted" intended to be included before "during"?   
Answer:  
Yes indeed the word "submitted" was inte nded to be included before "during". 
Question 135 
The response to Question 122 of WT/ACC/KAZ/ 66 does not explain how Kazakhstan prevents 
reliance upon another's data.  The references to Article 126 of the Civil Code and Article 184 of the Criminal Code suggest that Kazakhstan will protect the data of a innovator, regardless of whether the information was submitted to Kazakhst an.  If data are submitted to a first country 
other than Kazakhstan by Company A, and the product is approved, would Kazakhstan allow a company other than Company A to submit the data or evidence of marketing approval in the 
first country to Kazakhstan for approval in Kazakhstan?  If the data are submitted by 
Company A to Kazakhstan, when would anoth er company be allowed to rely upon the data? 
Answer:
 
Taking into accordance the fact that requirement of  Article 39.3 of the TRIPS Agreement relates to 
the protection of undisclosed test or other data required by members as a condition of approving the 
marketing of pharmaceutical or of agricultural ch emical products, Kazakhstan does not protect those 
data of innovator which were not required by Kazakhstan and subm itted by innovator of 
pharmaceutical or agrochemical product himself.  
- ENFORCEMENT  
Question 136 
With regard to the disposition of goods determin ed to be infringing of a trademark in civil 
cases, paragraph 360 of WT/ACC/SPEC/KAZ/9/Rev.1  provides that "[t]he images had to be 
removed from the product, its packaging, blank forms and other documents.  If doing so was impossible, the goods were destroyed in accord ance with relevant legal procedures."  Our 
understanding of Article 44 of Kazakhstan's law "On Trademarks, Service Marks, and 
Designations of Origin of Goods" (the Trademar k Law), as Kazakhstan has described it, is that 
it provides for the destruction of counterfeit trademark goods only in exceptional cases and for 
the removal of the unlawfully used trademark in all other cases.  Article 46 of the TRIPS Agreement provides that "[i]n regard to counterfeit trademark goods, the simple removal of the trademark unlawfully affixed shall not be sufficien t, other than in exceptional cases, to permit 
release of the goods into the channels of commerce."   
It remains unclear under Kazakh law whether the si mple removal of a counterfeit mark in cases 
that are not exceptional is sufficient to perm it the release of the goods into the stream of 
commerce.  Please clarify. WT/ACC/KAZ/67 
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  Answer:  
In cases that are not exceptional, simple removal of a counterfeit mark is sufficient if this mark can be 
freely removed from a product or its packaging. Re moval of unlawfully affixed trademark from a 
product, its packaging, blanks or other documen tation is performed by any person who unlawfully 
uses this trademark. In the case wh en unlawfully affixed trademar k can be removed this person 
determines further fate of the product.  
Question 137 
Please explain whether, in accordance with th e Trademark law, the counterfeit goods would be 
disposed of outside the channels of commerce or released into the channels of commerce.  
There appears to be no provision for the disposition "in such a manner as to avoid any harm 
caused to the right holder" (Article 46 of TRIPS)  in Article 44 of the Trademark law.  Is this 
understanding correct?  
Please explain how the provisions of Art. 44 of Kazakhstan's Trademark law are compliant with 
Article 46 of TRIPS.   
Answer:  
In accordance with Article 43 of the Trademark law a non-authorized release of a trademark or an 
appellation of origin into the channels of commer ce shall be considered as an infringement of the 
exclusive right of the trademark owner or the owner of the right to use the appellation of origin. 
Disposal of the counterfeit goods of outside the ch annels of commerce is foreseen in Article 145 of 
the Code of Administrative Offences (in force fro m 1 January 2008).  According to this Article 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  entail a fine for natural persons at MCI 10-30, 
for officials at MCI 30-50, and for juridical persons  at MCI 50-100 with conf iscation of goods bearing 
illegal image of a trademark, service mark, appellati on of origin or similar designations for goods 
(services). 
Confiscation of goods bearing illegal image of a tr ademark, service mark, appellation of origin or 
similar designations for goods (services) is also fo reseen for repeated violations during the year after 
imposed administrative sanctions under part 1 of this article. 
Question 138 
In response to Question 156 of WT/ACC/KAZ/57, Kazakhstan notes that the Trademark law 
does not provide for any interim measures regarding intellectual property rights.  Please 
indicate whether the Trademark law will be amended to provide for such a measure.  
Alternatively, can interim measures in tradem ark counterfeiting cases be effected under other 
laws  (e.g., the Civil Procedure Code)?  
Answer:  
The Trademark law will not be amended to prov ide for interim measures regarding intellectual 
property rights since such measures in tradem ark counterfeiting cases can be effected under 
Chapter 15 of the Civil Procedure Code.  WT/ACC/KAZ/67 
 Page 117 
 
 
  According to Article 159 of the Civil Procedur e Code interim measures can be the following: 
− seizure of the defendant's property being at his\ her disposal or at disposal of third parties 
(except for seizure of the financial assets on bank correspondent account  and property under 
"repo" operations contained in the trade sy stems of auction organizers through advertised 
bidding); 
− prohibition to perform certain acts by the defendant; 
− prohibition for other persons to make a property over and perform certain actions in respect of 
the defendant; 
− suspense of the sale of property in case of a suit concerning the release of property from 
seizure; 
− suspense of the force of contested action of state authority, organization or official (except for 
the acts of the National Bank of the Republic of  Kazakhstan or state authorities on regulation 
and inspection of the financial market and financial organizations, on suspension and\or 
withdrawal of the licence for activities on financial market, on temporary closing - down of 
financial organizations, including th eir instructions in written); and 
− suspense of a penalty upon an executive clai m contested  judicially by the debtor. 
When necessary the court is entitled to apply othe r interim measures corresponding to the purposes of 
Article 158 of the Civil Procedure Code. 
Question 139 
Paragraph 360 of WT/ACC/SPEC/KAZ/9/Rev.1 provi des that Article 49 of the Copyright and 
Related Rights Law provides for "the seizure and withdrawal of all copies of suspected 
counterfeit works and phonograms, as well as all materials and equipment used in their 
production or reproduction."  Reference is also  made to Article 44 of the Trademark Law, 
which states:  
"Pursuant to Article 44 of the Law on "On Trademarks, Service Marks, and Geographical 
Indications", a person illegally using a trademar k or an appellation of origin, or using a 
confusingly similar designation, had to destr oy the manufactured images of the trademark or 
geographical indication in question.  If doin g so was impossible, th e goods were destroyed in 
accordance with the relevant legal procedures."   
No mention is made of the disposition of ma terials and implements predominantly used to 
create the infringing good.  It is unclear from the answer to Question 126 of WT/ACC/KAZ/66 
whether in trademark counterfeiting cases materi als and implements predominantly used to 
create the infringing good are subj ect to seizure.  Please clarify. 
With regard to the disposal of goods outsid e the channels of commerce, the response to 
Question 128 of WT/ACC/KAZ/66 indicates, inter alia , that "the law machinery has the right to 
expropriate counterfeit products made by illegal  producers infringing intellectual property 
rights, i.e., the products that are not in comme rcial circulation yet."  Please indicate whether 
once counterfeit or piratical goods are expropriated , such goods are prohibited from entering or 
re-entering the channels of commerce. 
With regard to provisional measures di scussed in response to Question 129 of 
WT/ACC/KAZ/66 and in paragraphs 362-363 of WT/ACC/SPEC/KAZ/9/Rev.1, please indicate 
whether courts have granted such relief in copyri ght, trademark or patent infringement cases.  
Under the Code of Civil Procedure, is a securi ty deposit required to be filed by the party 
requesting provisional measures?  Do provisions exist within the patent and trademark laws referencing provisional remedies?  If so, please identify the provisions. WT/ACC/KAZ/67 
Page 118 
 
 
  Answer:  
Criminal legislation of the Republic of Kazakhs tan provides norms for seizure, forfeiture and 
destruction of counterfeit goods and also instruments (materials and equipment) which have been used 
in manufacture of counterfeit goods. 
Part 3 of Article 121 of the Criminal Procedure Code  provides that at criminal sentencing or dismissal 
of criminal case the court shall decide on the issue of  real evidence. As a result, instruments of crime 
shall be seized or delivered to r espective institutions or destroyed. 
In addition it should be noted that Decree of the Supreme Court No. 19 of 15 August 2002 "On 
judicial sentence" also obliges the court to reflect the fate of real evidence in its resolution of the 
indictment.  Formulating decision on real evidence the court shall specifically indicate which objects 
are to be destroyed, which are to be delivered to legal possessors or interested persons and institutions 
upon their request, which are to become state property and which are to be kept in file (paragraph 43 
of the mentioned Decree). 
As for provisional measures, it should be noted that  Article 15 of the Civil Procedure Code provides 
measures for action assurance which can be admitted at any stage of the process if failure to undertake 
assuring measures may render difficult or impossible the execution of the decision of the court 
including cases of infringement of copyright, trademark right or patent right.   
According to Article 165, when admitting action assu rance the court may request the claimant to 
ensure the eventual damage which mi ght be incurred by the defendant. 
References to provisional measures in laws on patents and trademarks are not provided. 
Question 140 With regard to whether border enforcement action will be taken relating to exportation or in 
transit movement of counterfeit or piratical goods, the response to Question 132 of WT/ACC/KAZ/66 indicates that the Tax Code mak es provisions on exclusion of illegal entry or 
exportation.  Reference is also made to Articl e 416 of the Customs Code.  It appears that the 
Customs Code does permit enforcement action relating to exportations but not in transit 
movements.  Is this correct? 
Answer:
 
Indeed, in accordance with point 2 of Article 420 customs authorities shall not take measures to 
protect intellectual property rights with respect to  goods containing objects of intellectual property 
which are conveyed across the customs border of th e Republic of Kazakhstan in compliance with the 
transit customs procedure for goods. 
Question 141 
Please clarify whether in addition to damages ade quate to compensate for the injury to the right 
holder pursuant to TRIPS Article 45(1), authorit y also exists to order recovery of profits 
pursuant to TRIPS Article 45(2) in trademark infringement cases. 
Answer:  
According to paragraph 4 of Article 9 of the Ci vil Code of the RK, person whose right has been 
violated may demand full compensation of damages unless otherwise provided by legal enactments or contracts.  Damages include expenses which the pe rson whose right is violated has made or would  WT/ACC/KAZ/67 
 Page 119 
 
 
  made, loss or injury of his property (actual dama ge) and also non-received profits which this person 
would receive under the usual conditions of civil comme rce, if his right had not been violated (lost 
profit). 
According to paragraph 1 of Article 111 of the Civi l Procedure Code of the RK party that benefited 
from a judgment must receive reimbursement of e xpenses from the other party that include payment 
to its representative participating in a case in am ount of actually incurred expenses.  These expenses 
shall not exceed 10 per cent of the satisfied part of a claim.  
Question 142 
Under the 2005 amendments to the Criminal Code, the minimum threshold for bringing 
criminal cases involving copyright infringement  crimes was reduced.  What is the minimum 
threshold for bringing cases involving trademark counterfeiting?  Was this also reduced under the 2005 amendments? 
Answer:
 
The minimum threshold for bringing cases invo lving trademark counterfeiting is foreseen at 
Article 199 of the Criminal Code.  According to th at Article unlawful use of trademark, service mark 
and appellation of origin shall entail a fine for repeated violations or violations that caused a 
large-scale damage. 
According to Article 175 of the Criminal Code as large-scale damage shall be recognized as value of 
property or extent of damage that five hundred times exceeds monthly calculation index 
(approximately US$4,500) defined by the legislation of Kazakhstan for the moment of commitment of 
crime. 
This minimum threshold was not reduced under the 2005 amendments. 
Question 143 
Our understanding is that under Article 199 of the Criminal Code, police may open a criminal 
case concerning trademark counterfeiting without the requirement of a right holder complaint.  
Is a right holder complaint required for police to  open a criminal case for copyright piracy? 
Answer:  
In accordance with Article 32 of the Criminal Pro cedural Code criminal prosecution and accusation in 
court is foreseen in private, private public and pub lic order depending on the character and degree of a 
committed crime.  Prosecution of criminal cases in  public order is possible without complaint of a 
right holder while prosecution of criminal cases in private public order is not possible without such a 
complaint. 
Criminal sanction for infringement of author rights a nd related rights is foreseen at Article 184 of the 
Criminal Code of the Republic of Kazakhstan. In  accordance with the Criminal Procedural Code 
criminal cases under points 2 and 3 of Article 1844 of the Criminal Code must be considered as cases 
of public accusation. Because of a socially-dangero us character criminal prosecution of such cases 
must be possible without complaint of a right holder. 
                                                      
4 Unlawful use of objects of author rights and related rights as well as large-scale acquisition, keeping, 
movement or making of piracy copies of audiovisual works and phonograms with the purpose of sale and also 
the same criminal acts committed repeatedly by group of  persons by previous concert or organized group of 
persons and caused large-scale damage or by person using his official position. WT/ACC/KAZ/67 
Page 120 
 
 
  At the same time, criminal cases under point 1 of Article 1845 of the Criminal Code must be 
considered as cases of private public accusation and must be open only after complaint of a right 
holder since in such cases crimes are committed against personal non-property rights. 
Question 144 
Please provide an update on penalties and jail time  ordered by courts since the implementation 
of the 2005 revisions to the Criminal Code. 
Answer:  
According to statistics of Informational and Anal ytical Department of the Agency on Fighting 
Economic Crimes and Corruption in 2006, 285 legal proceedings were instituted according to 
Article 184 and ten legal proceedings according to Ar ticle 199 of the Criminal Code of the Republic 
of Kazakhstan while during the same period of 2005, 61 legal proceedings were instituted according 
to Article 184 and nine legal proceedings accordi ng to Article 199 of the Criminal Code of the 
Republic of Kazakhstan. 
Therefore detectability of crimes in the sphere of  protection of intellectual property rights in 2006 
increased more than four times.  
According to data of the Committee of legal statistics and special accounts of the General Prosecutor 
Committee, in 2006 the law machinery instituted 3 21 legal proceedings in whole (in 2005 - 71).  
Question 145 
Does the Criminal Code or the Criminal Proced ure Code provide for the seizure, forfeiture and 
destruction of counterfeit and piratical goods and of any materials and implements the 
predominant use of which has been in the commission of the offence? 
Answer:  
Criminal legislation of the Republic of Kazakhs tan provides norms for seizure, forfeiture and 
destruction of counterfeit goods and also instruments (materials and equipment) which have been used 
in manufacture of counterfeit goods. 
Part 3 of Article 121 of the Criminal Procedure Code  provides that at criminal sentencing or dismissal 
of criminal case the court shall decide on the issue of  real evidence. As a result, instruments of crime 
shall be seized or delivered to r espective institutions or destroyed. 
In addition it should be noted that Decree of the Supreme Court No.19 of 15 August 2002 "On 
judicial sentence" also obliges the court to reflect the fate of real evidence in its resolution of the 
indictment.  Formulating decision on real evidence the court shall specifically indicate which objects 
are to be destroyed, which are to be delivered to legal possessors or interested persons and institutions 
upon their request, which are to become state property and which are to be kept in file (paragraph 43 
of the mentioned Decree). 
Question 146 
Page 125, paragraph 371:  as indicated, when  suspected counterfeit goods are discovered, the 
customs authorities inform the right holder about the goods under investigation and provide the 
                                                      
5 Appropriation of authorship or compulsion to co-authorship if this act caused large-scale damage to 
author or other right holder or caused considerable harm to their rights or legal interests.  WT/ACC/KAZ/67 
 Page 121 
 
 
  right holder, or his/her representative, with the opportunity to inspect the goods under customs 
supervision.  
Where may the right holder conduct his/her inspection of the goods?  Answer:
 
According to paragraph 9 of the Rules on Selecti on of Samples and Specimens of Goods approved by 
the Order of Chairman of the Ag ency of Customs Control of the Republic of Kazakhstan No. 205 of 
14 May 2003, selection of samples and specimens of  goods for inspection shall be made in the 
customs control zones and/or in other places defi ned by the customs authorities, where the goods are 
placed. 
Therefore, the right holder may conduct his/her inspection of the goods only in the places of their 
temporary storage under the customs control, i. e. these can be temporary storage warehouses, 
warehouses owned by the goods' recipient, etc. 
Question 147 Is the right holder eligible to inspect all the goods und er investigation, or only samples thereof?       
Answer:
 
Pursuant to Article 418 of the Customs Code, with  permission of the customs authority, the right 
holder and his representatives shall be entitled to:  (i) take only samples and specimens of suspended 
goods; and (ii) inspect them under customs control.  
It must be noted that the right of the right holde r to take samples and specimens of goods entitles the 
right holder  to inspect all suspected counterfeit goods. However, proper exam ination can be carried 
out only in relation to selected samples a nd specimens of suspected counterfeit goods.  
Question 148 Pursuant to Article 416 of the Customs Code, the customs body also has to provide the name 
and address of the declarer to the right holder concerned.  
When should customs provide the name and address  of the declarer to the right holder? Is it 
upon receipt of an order from the judicial au thority confirming the existence of an IPR 
infringement, or is it at the time when a sign of  infringement is identified by the right holder? 
Answer:
 
Pursuant to Article 416 of the Customs Code, custom s authority shall inform the declarer about the 
name and address of the right holder as well as inform the right holder about the name and address of the declarer not later than one working day from th e day when a decision to suspend the release of 
goods containing objects of intellectual property was made by the customs authorities. 
Therefore, customs authorities shall inform the right holder about the name and address of the 
declarer earlier than the question shall be addressed in the court or than the right holder identifies a 
sign of an IPR infringement.  WT/ACC/KAZ/67 
Page 122 
 
 
  Question 149 
Is the right holder required to submit a written a pplication to customs for acquiring details of 
the declarer?  
Answer:  
The right holder is not required to submit a writte n application to customs authorities to acquire 
details of the declarer.  As soon as a decision to suspend the release of goods was made, customs 
authorities shall inform the right hold er of the details of the declarer. 
However, if the right holder is informed that th e decision to suspend the release of goods was made, 
the right holder has the right to submit a written appli cation to customs authorities to request details of 
the declarer. 
Question 150 
It is stated that the legal owner is obliged to make a payment compensating for the losses of the 
declarer, and the rate of payment is sp ecified by the Customs Control Committee. 
How is the Customs Control Committee organized?  
Answer:  
According to the Article 417 of the Customs Code , expenses shall be compensated to the customs 
authorities:  
− by the declarer - when goods are proved to be counterfeit; and 
− by the applicant - when goods are proved not to be counterfeit. 
Expenses of customs authorities that may arise as a result of suspension of the release of goods 
containing objects of intellectual property may in clude expenses for storage of goods in customs 
warehouses and temporary customs warehouses the ra tes, which are approved by the Government 
Resolution of the Republic of Kazakhstan No. 669 "O n Adoption of Rates of Customs Fees, Charges 
and Payments Levied by Customs Bodies" of 8 July 2003. 
However, until now, there were no cases of necessity  in compensation of expenses to the customs 
authorities.  
Damages to the declarer shall be compensated in  accordance with commitment of the applicant to 
compensate damages to the declarer if goods ar e proved not to be counterfeit. According to 
Article 413 of the Customs Code this commitment sha ll be contained in the application of the right 
holder on protection of his/her intellectual property rights supplied for inclusion of the good into the 
Register of goods containing objects of intellectual pr operty.  In addition, the application shall contain 
an insurance contract covering the responsibility of the applicant for damages to other persons. 
Amount of compensation shall be agreed between declarer and right holder or by the court.  
Pursuant to Government Resolution No. 1133 "Iss ues of the Customs Control Committee of the 
Ministry of Finance of the Republic of Kazakhs tan" of 29 October 2004, the Customs Control 
Committee shall have the following organizational structure: 
− Heads of the Customs Control Committee; 
− Division of Customs Control Organization; 
− Division of Customs Revenue;  WT/ACC/KAZ/67 
 Page 123 
 
 
  − Division of Smuggling Prevention; 
− Division of Information Technologies; 
− Division of Finance; 
− Division of Analysis and Statistics; 
− Division of Personnel; 
− Division of Organizational Work and Control; 
− Division of Customs Control Organization of Energy Resources; 
− Division of Internal Security; 
− Division Support Administration; 
− Division of International Relations; 
− Division of Post-Customs Control; 
− Operational Orderly Service Sec tion (Independent Section); and 
− Section of State Secrets Protection. 
Question 151 
It is further stated that the decision of the Customs Control Committee to include goods 
containing intellectual property in the Registry guarantees the right holder would be protected by the customs for a period up to two years from the date of Registry.  
Does the right holder have to pay, and, if so, what is the charge for applying to the said 
Registry? 
Answer:
 
There is no payment for application to the Regist ry of goods containing objects of intellectual 
property. 
Pursuant to Article 414 of the Customs Code, wh en taking a decision to include goods containing 
objects of intellectual property into the Registry, the customs authority shall establish the time limit 
for protection of the right holder's rights, taking into consideration the time limit specified by the right holder in the application, but not longer than tw o years from the day when the goods were included 
into the Registry.  
The time limit can be extended by the authori zed body on customs issues by the request of the 
applicant. The time limit may not be longer than th e period of validity of the right to the object of 
intellectual property.  
VI. TRANSPARENCY  
- Publication of information on trade 
Question 152 Page 130, paragraph 389:  We note that drafts of  especially important legal acts, such as the Tax 
Code and the Civil Code, could be published as preliminary versions in official periodicals for 
comments. 
Could Kazakhstan please advise us of the length of time allowed for offering comments?   
We would like to emphasize the importance of providing notice and opportunities for comments 
on laws, regulations, and other measures affe cting trade, prior to their enactment and 
implementation. WT/ACC/KAZ/67 
Page 124 
 
 
  As some WTO Agreements expressly provide for such prior notification and comment process, 
we would appreciate knowing whether Kazakhsta n plans to extend this process to all WTO-
related measures?  
Answer:  
The deadline for commenting on draft law is not sti pulated in the legislation of the Republic of 
Kazakhstan.  
Pursuant to Article 2 of the Law of the RK No . 213 "On Regulatory Lega l Acts" of 24 March 1998, 
development, adoption, enactment, amendments, determination and suspension of operation and 
publication of legislative and other regulatory lega l acts shall be defined by the legislative acts 
regulating activity of the state bodies responsible fo r adoption of legal acts, acts defining the legal 
status of and regulations on these bodies, and other regulatory legal acts. 
Therefore, the state body drafting a law and re gulation determines the deadline for commenting on 
draft law depending on the scheduled/p lanned date of its adoption.  
Kazakhstan is currently studying other countries ex pertise in ensuring participatory decision-making 
process in drafting laws and regulations.  
At the same time, Kazakhstan is currently c onsidering to make the following commitments: 
[["Kazakhstan confirmed that in sectors in which Kazakhstan had undertaken specific commitments it 
would ensure where practicable, that: 
(a) draft regulations of general application that  it proposes to adopt were published in advance; 
(b) an opportunity to comment on such proposed regulations was provided to interested persons 
and other Members, and;  
(c) reasonable time between publication of the final regulation and its  effective date was 
allowed."]]  
   WT/ACC/KAZ/67
 Page 125ANNEX 1 
No. The sequence of old procedures (applied until 1 January 2007) The sequence of new procedures (applied as of 1 January 2007)  
1 The requirement to transfer the amount to  the accounts at authorized commercial banks 
within 180 days Not required.   
 The terms are determined by the expo rter/importer and stipulated in the 
contract.   
2 Processing of the transaction passport and additional sheet/attachment to the transaction 
passport by the customs body  Not required  
 
3 Processing of the transaction passport and additional sheet/attachment to the transaction 
passport by the commercial bank  Required 
 
4 Presentation of licensing, registration docu ment and notification certificate  as a 
prerequisite for processing the transaction passport  Not required  
 
5 In case of failure to meet the 180-day-repatriation deadline period, the payment and/or 
remittance of money shall not be made without registration certificate Not required  
 
6 In case of failure to meet  the 180-day-repatriation deadline period, the  payment and/or 
remittance of money shall not be made without the licence issued by the National Bank Not required  
  
7 The transaction passport contained the information on:  (i) the total value of the contract, 
(ii) the currency of payment and (iii) the means of payment.  In addition, the following information was required to be included into the transaction passport: (iv)  passport or 
other details of the head of the company which is involved in exportation or importation 
of goods,  (v) the bank account details used for payment transactions, (iv) address of the relevant tax authority, and (iiv) the list of exported/imported goods with attached 
specifications. Reduced 
 The transaction passport now only contains the information on parties to the 
transaction and terms of the contract:  (i ) the total value of the contract, (ii) 
the currency of payment and (iii) the means of payment. 
8 The reasons for refusing is suing the transaction passport: 
 1)  the terms for return of goods and payments in cases of failures to meet the 
contractual obligations were not stipulated in the contract  
2)  the terms for repayments to be made in  cases of failures to meet the contractual 
obligations were not stipulated in the contract Discontinued 
 
9 The restrictions on the difference between th e exchange rate used for transactions with 
foreign currency and market rates      Discontinued  
 WT/ACC/KAZ/67 
Page 126  
 
  ANNEX 2 
List of Goods (Works, Services) Sale Turnover of which is exempted from VAT
 
Sales turnover of the following goods (work, services) shall be exempted from VAT: 1.  state marks of postage; 
2.  excise marks (accounting and control marks intended for the marking of excisable goods); 
3.  services being performed by authorized bodies in connection with which state duty is 
charged; 
4.  services being provided by attorneys and notaries; 5.  goods (work, services) being implemente d by the National Bank of the Republic of 
Kazakhstan; 
6.  property sold through the privatization of state property; 6.1.  property redeemed for the state needs in acco rdance with the legislation of the Republic of 
Kazakhstan; 
7. the transfer of fixed assets free of charge to  government institutions, or state enterprises in 
accordance with the legislation of the Republic of Kazakhstan; 
8.  contributions to authorized capital; 
9.  the return of property received as a contribution to authorized capital; 
10.  ritual services provided by funeral agencies, cemeteries and crematoriums; 11.  sales turnover involving lottery tickets, with the exception of services related to their sale; 12.  services related to providing informati on and technological coope ration among settlement 
participants, including services related to the collection, processing, and mailing of bank card 
statements to settlement participants; 
12.1.  services related to processing and/or repair of  goods imported into the customs territory of the 
Republic of Kazakhstan under the customs re gime "Processing of goods on the customs 
territory of the Republic of Kazakhstan"; 
12.2.  works and services related to international transportation, namely: works, services on loading, 
unloading, overloading (discharge-pouring in),  forwarding of goods, including mail, which 
are exported from the territory of the Republic of Kazakhstan and imported into the territory 
of the Republic of Kazakhstan, as well as trans it frights; technical, air navigation, airport 
services; sea port services related to international passages; 
12.3.  services related to management, main tenance and exploitation of housing stock; 
13.  sales turnover specified in Articles 226-233 of this Code; 
14. banknotes and coins in national currency; 15. goods (work, services) (except for sales turnove rs of goods (work, services) of trade and 
agency business and turnovers on manufacture and sale of excisable goods and types of 
activities) of public associations of disabled persons, as well as industr ial organizations, if 
such associations and organizations meet the following conditions: 
− disabled persons account for at least 51 per cent of the total number of employees of 
such industrial organizations; and 
− expenditures on labour compensation for disabled persons account for at least 
51 per cent of total expenditures on labour compensation (not less than 35 per cent at specialized organizations that employ persons with disabilities involving loss of 
hearing, speech, and vision). 
16.  (removed) 
17. Kazakh goods defined in accordance with th e customs legislation of the Republic of 
Kazakhstan, which are produced under the cust oms regime "Free Warehouse" and sold from 
said territory to the rest customs territory of the Republic of Kazakhstan;  WT/ACC/KAZ/67 
 Page 127 
 
 
  18. goods sold on the territory of special economic zones, and used when carrying out the types 
of activity mentioned in sub-paragraph 3) of pa ragraph 1 of Article 140-1 of this Code on the 
territories of special economic zones;   
19. subparagraph removed by the Law of th e RK No. 140 of 6 May 2006 (enforced from 
1 January  2007); 
20. services involving leasing premises of a rental  house in accordance with the legislation on 
housing relations. 
The lists of goods mentioned in s ub-paragraphs 17) and 18) of the present Article shall be approved 
by the Government of the Republic of Kazakhstan. 
Note: Article 225 was amended by the Law of the RK No. 201 of 11 December 2006 (enforced from 
1 January 2007). 
Source: Tax Code of the Republic of Kazakhstan (A rticle 225 - Sales turnover exempted from VAT).  WT/ACC/KAZ/67 
Page 128  
 
  ANNEX 3 
List of goods import of which is exempted from VAT
 
1.  Imports of the following goods shall be exempted from  the value-added tax: 
1.  imports of banknotes and coins of na tional and foreign currency (other than 
banknotes and coins which represent cultural and historical value), as well as 
securities; 
2.  imports of goods by natu ral persons in accordance with norms of duty-free imports of 
goods, approved by the Government of the Republic of Kazakhstan; 
3.  imports of goods, except for exci sable goods, being imported as humanitarian 
assistance, according to the procedure estab lished by the Government of the Republic 
of Kazakhstan; 
4.  imports of goods, except for excisable  goods, being imported for purposes of charity 
activities through the official channels of the states and the governments, and international organizations, including technical assistance; 
5.  imports of goods brought in for official  use by foreign diplomatic missions and 
representative offices with equivalent stat us, and also for the personal use of 
diplomatic and administrative and techni cal personnel of these missions, including 
their family members who are residing with them and are exempt in accordance with international agreements ratified by the Republic of Kazakhstan; 
6.  imports of goods, subject to declaring in accordance with the customs legislation of 
the Republic of Kazakhstan, under custom s regimes that establish tax exemptions; 
7.  imports of medicines, including medici nal substances; articl es intended for medical 
(veterinary) use, including prosthetic a nd orthopaedic devices, devices for the blind 
and hearing-impaired, and medical (veterinary) equipment; materials and components for the production of medicines and aids fo r diabetics, articles intended for medical 
(veterinary) use, including prosthetic  and orthopaedic devices, and medical 
(veterinary) equipment.  The list of goods referred to in this sub-paragraph shall be 
approved by the Government of th e Republic of Kazakhstan;   
8.  imports of postage stamps (except collectible stamps); 9.  imports of raw materials for the produc tion of bank notes performed by the National 
Bank of the Republic of Kaza khstan and its organizations; 
9.1.  importation of equipment for payment ca rds service, software support and spare parts 
hereto imported for one's own production needs; 
10. (removed by the Resolution of the Government No. 358 of 23 November 2002); 11.  imports of goods effected at the expense of grants provided through official channels 
by states, governments of states, and international organizations; 
12.  importation of property imported by a le ssor for the purpose to transfer them in 
financial leasing arrangement under the financial leasing ag reements.  The list of the 
property specified in this sub-paragraph a nd the procedure of its compiling shall be 
approved by the Government of the Repub lic of Kazakhstan. The goods which are 
not manufactured on the territory of the Re public of Kazakhstan or their production 
does not cover the needs of the Republic of Kazakhstan shall be included in said list; 
13. import of goods imported by a juridical person entity, its contractors or 
subcontractors carrying out activities with in the framework of the concession 
concluded with the Government of the Re public of Kazakhstan on implementation of 
the infrastructure project. 
The list of juridical persons, their contractors or subcontractors carrying activities within the 
framework of concessions concluded with the Government of the Republic of Kazakhstan on 
infrastructure project implementation, as well as am endments to the specified list the concessionaire 
shall coordinate with the authorized body and s ubmit it to the authorized body on customs issues.  WT/ACC/KAZ/67 
 Page 129 
 
 
  For each infrastructure project the Government of  the Republic of Kazakhstan shall approve the 
separate list of the goods specified in this sub-item. 
2.  The procedure for granting an exemption from VAT for imports of goods specified in 
paragraph 1 of this Article sh all be determined by the G overnment of the Republic of 
Kazakhstan. 
Source:  Tax Code of the Republic of Kazakhstan (A rticle 234 - Import which is exempted from VAT). WT/ACC/KAZ/67 
Page 130  
 
  ANNEX 4 
List of developing countries and customs te rritories eligible for special preferential 
 
treatment (GSP) in Kazakhstan  
1. Albania     53. Former Yugoslav Republic of Macedonia 
2. Algeria     54. Malta 
3. Angola     55. Malaysia 
4. Antigua and Barbuda    56. Morocco 5. Angela     57. Marshall Islands 6. Argentina     58. Mexico 7. Aruba     59. Micronesia 
8. Bahamian Island    60. Mongolia 
9. Barbados     61. Montserrat 10. Bahrain     62. Namibia 11. Belize     63. Nauru 12. Bermudian Islands    64. Nigeria 
13. Bolivia     65. Netherlands Antilles Islands 
14. Brazil     66. Nicaragua 15. British Virgin Islands   67. Niger 16. Brunei Darussalam    68. United Arab Emirates 17. Venezuela     69. Oman 18. Vietnam     70. Saint Elena Islands 
19. Gabon     71. Turks and Caicos Islands 
20. Guyana     72. Pakistan 21. Ghana     73. Panama 22. Guatemala     74. Papua New Guinea 23. Honduras     75. Paraguay 
24. Hong Kong     76. Peru 
25. Grenada     77. Romania 26. Dominica     78. Salvador 27. Dominican Republic    79. Saudi Arabia 28. Egypt     80. Swaziland 29. Zimbabwe     81. Seychelles 
30. India     82. Senegal 
31. Indonesia     83. Saint Vincent and the Grenadines 32. Jordan     84. Saint Kitts and Nevis 33. Iraq      85. Saint Lucia 34. Iran      86. Singapore 
35. Cayman Islands    87. Syria 
36. Cameroon     88. Slovenia 37. Qatar     89. Surinam 38. Kenya     90. Thailand 39. Cyprus     91. Tokelau Islands 40. China*     92. Tonga 
41. Democratic People's Republic of  Korea 93. Trinidad and Tobago 
42. Columbia     94. Tunisia 43. Congo     95. Turkey 44. Republic of Korea    96. Uruguay 45. Costa-Rica     97. Fiji 
46. Cote d'Ivoire    98. Philippines 
47. Cuba     99. Croatia 48. Kuwait     100. Chile 49. Cook Islands    101. Sri Lanka  WT/ACC/KAZ/67 
 Page 131 
 
 
  50. Lebanon     102. Ecuador 
51. Libya     103. Serbia and Montenegro (Yugoslavia) 52. Mauritius     104. Jamaica 
* - custom duties applicable to imported products orig inating from Separate Customs Territory of Taiwan, 
Penghu, Kinmen and Matsu  shall be levied at the same rate as products originating from China WT/ACC/KAZ/67 
Page 132  
 
  ANNEX 5 
List of Goods
6, Under Preferential Regime, Which are Originated and Imported to the Territory of 
The Republic of Kazakhstan from Deve loping and Least-Developed Countries  
HS Description of products 
03 (exc. 0305)                     Fish and cr ustaceans, mollusks and other aquatic  invertebrates, except salmon 
and sturgeon fish        
05                                 Foodstuffs of animal origin, not elsewhere specified or included                        
06                     Trees and other live plants;  bulbs, roots and other analogous parts of plants: cut 
flowers and decorative green                                    
07 (exc. 0701, 0703)    Edible vegetables and certain roots and tubers 
08                          Edib le fruit and nuts; peel of citrus fruit or melons 
09         Coffee, tea, Paraguay tea and spices       
12                      Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial 
or medicinal plants; straw and fodder 
13     Lac; gums; resins and other vegetable saps and extracts 
14         Vegetable materials for plaitin g production; vegetable products not elsewhere 
specified or included 
15 (exc.1509,  1517-1522 00)   Animal or vegetable fats and oils and their cleavage products; prepared edible 
fats; animal or vegetable waxes 
16 (exc.1601 00, 1602, 1604 30)               Preparations of meat, fish or crustaceans , mollusks or other aquatic invertebrates 
(except osetrova and salmon caviar; de licacies of salmon and sturgeon fish) 
1801 00 000 0            Cocoa beans, whole or broken, raw or roasted 
1802 00 000 0            Cocoa shells, husks, skins and other cocoa waste 
2103           Sauces and products for their preparations; mixed condiments and seasonings; 
mustard flour and prepared mustard 
2104      Soups, broths and products for their preparations; homogenized prepared edible 
products  
2401                     Raw tobacco; tobacco waste                          
25 (exc. 
2501 00,       2503 00, 2523,           
2529 21 000 0,           
2529 22 000 0)           Salt; sulphur; earths and stone; plastering materials, lime and cement                      
26                       Ores, slag and ashes                                       
3003          Medicaments (excluding goods of heading No 3002, 3005 or 3006) consisting of 
two or more constituents which have be en mixed together for therapeutic or 
prophylactic uses, not put up in measured doses or in forms or packings for retail 
sale 
32         Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and 
other colouring matter; paints and varnishes; putty and other mastics; inks 
3301, 3302                          Essential oils and resinoids; perfumery, cosmetic or toilet preparations 
3402                Organic surface- active agents (other than soap); surface- active preparations, 
washing preparations (including auxiliary washing preparations) and cleaning 
preparations, whether or not containing soap, other than those of heading No 3401 
35                Albuminoidal substances; modified starches; glues; enzymes 
3923   Articles for the conveyance or packing of goods, of plastics; stoppers, lids, caps 
and other closures, of plastics 
4001     Natural rubber, balata, gutta-percha,  guayule, chicle and similar natural gums, in 
primary forms or in plates, sheets or strip 
4403 41 000 0,           
4403 49                  Dark red meranti, light red meranti and meranti bakau 
                                                      
6 Products are determined as by HS code as by description.  WT/ACC/KAZ/67 
 Page 133 
 
 
  HS Description of products 
4407 21 - 4407 29 Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, 
sanded or finger- jointed, of a thickness exceeding 6 mm of tropical wood 
4420        Wood marquetry and inlaid wood; caskets and cases for jewellery or cutlery, and 
similar articles, of wood; statuettes and other ornaments, of wood; wooden 
articles of furniture not falling in Chapter 94 
4421                     Other articles of wood 
45                       Cork and articles of cork 
46                     Manufactures of straw, of esparto or of other plaiting materials; basket ware and 
wicker work 
50                       Silk                                                   
53                  Other vegetable textile fibres; paper yarn and woven fabrics of paper yarn 
56            Wadding, felt and non wovens ; special yarns; twine, cordage, ropes and cables 
and articles there of 
5808                  Braids in the piece;  ornamental trimmings in th e piece, without embroidery, 
other than knitted or crocheted; tassels, pompons and similar articles 
6702 90 000 0     Artificial flowers, foliage and fruit and parts thereof; articles made of artificial 
flowers, foliage or fruit, other materials 
6913                     St atuettes and other orname ntal ceramic articles 
6914                     Other ceramic articles 
7018 10       Glass beads, imitation pearls, imitation precious or semi- precious stones and 
similar glass small-wares 
7117                     Imitation jewellery 
9401 51 000 0           Seats of cane, osier, bamboo or similar materials 
9403 81 000 0                 Furniture of other materials, including cane, osier, bamboo or similar materials 
9403 90 900 0          Parts furniture of other materials (except tree and metal)                                        
9601    Worked ivory, bone, tortoise- shell, horn, antlers, coral, mother-of-pearl and 
other animal carving material, and articles of these materials (including articles 
obtained by moulding)                              
9602 00 000 0              Worked vegetable or mineral carving material and articles of these materials 
n.e.s; moulded or carved articles of wax, of paraffin, of stearin, of natural gums or natural resins or of modelling pastes, and other moulded or carved articles 
n.e.s; worked 
9603          Brooms, brushes (including brushes constituting parts of  machines, appliances 
or vehicles), hand- operat ed mechanical floor swee pers, not motorized, mops 
and feather dusters; prepared knots and tufts for broom or brush making; paint 
pads and rollers; squeegees (o ther than roller squeegees)  
9604 00 000 0            Hand sieves and hand riddles 
9606         Buttons, press- fasteners, snap- fasteners and press- studs, button moulds and 
other parts of these articles;, button blanks: 
9609        Pencils (other than pencils of heading No. 9608), crayons, pencil leads, pastels, 
drawing charcoals, writing or draw ing chalks and tailors' chalks 
9614 00 Smoking pipes (including pipe bowls) and cigar or cigarette holders, and parts 
thereof 
9615 11 000 0             Combs, hair- slides and the like; ebonite or plastic of 
9617 00          Vacuum flasks and other vacuum vessels, complete with cases; parts thereof 
other than glass inners 
97                             Works of art, collectors pieces and antiques 
 
Source:  Resolution of the Governme nt of the Republic of Kazakhstan  No. 1317 of 28 December 2007 WT/ACC/KAZ/67 
Page 134  
 
 ANNEX 6 
Comparative table of import and export permit pro cedures and veterinary-sanitary rules of imported 
and domestic products transporta tion within the territory of the Republic of Kazakhstan  
Import of products subject to 
veterinary 
control to the Republic of 
Kazakhstan Export of products subject to 
veterinary 
control from the Republic of 
Kazakhstan Transportation of imported 
products within the territory of the 
Republic of Kazakhstan after 
passing state border and domestic 
products from one region to other 
regions 
When issuing an import permit, 
the authorized body carries out the 
following:   
1.  Central authorized body in 
the field of veterinary checks whether the exporting 
country is subject to 
temporary ban due to outbreak of infectious 
diseases according to the 
OIE list as well as presence of veterinary certificate 
approved by the central 
authorized body in veterinary of exporting 
country.  In case, if country 
is not in the OIE list, or any 
other information was not 
received from the exporting country, central authorized 
body approves the 
application. 
2.  Territorial departments 
confirm safety of 
transportation and compliance of places of 
storage, processing and sale 
or use with veterinary requirements.  In case of 
incompliance with the 
requirements, a trader has a right to re-apply for 
obtaining import permit after 
all the necessary requirements were met.    
 When issuing an export permit, 
the authorized body carries out the 
following:  
1.  Territorial departments 
confirm the possibility to fulfil veterinary 
requirements of the 
importing country, epizootic situation of the places of 
origin and shipment of 
products, ability to provide necessary laboratory analysis 
and veterinary treatments 
and send a request to the authorized body to issue a 
permit.  In case of 
incompliance with the 
requirements, trader has a 
right to re-apply after all the necessary requirements were 
met.    
2.  Authorized body when it is 
possible to meet veterinary 
requirements of the 
importing country coordinates veterinary 
certificate with the central 
veterinary body of the importing country, approves 
the request and issues and 
issues permit for export of the products or provides 
justified refusal in writing.    
 The official permit for 
transportation of all kinds of 
shipments within the country is not issued.  It should be noted, 
that as soon as imported products 
pass state border of Kazakhstan, the same requirements apply to 
them as to the domestic products, 
in particular when transporting within the country. 
 
At the same time, all requirements for transportation of products 
within the country are de-facto 
equivalent to the import permit requirements. 
 
During the transportation within 
the Republic of Kazakhstan 
territorial veterinary services carry out the following control: 
 
1.  Products subject to state 
veterinary control can be 
imported only from the 
places (settlements, farms, warehouses, organizations) 
which are free of infectious 
diseases and not under quarantine. 
2.  Control is implemented 
when the owner of the product obtains veterinary 
certificate for transportation, 
selling in market, in shops or for processing.  Veterinary 
inspectors control 
availability of the veterinary 
certificate issued on the basis 
of veterinary-sanitary expertise,  storage and 
transportation conditions. 
 
 
__________