WT/REG172/4  
 
3 September 2019 
(19-5647) Page: 1/3 
Committee on Regional Trade Agreements  Original: English/Spanish  
 
FREE TRADE  AGREEMENT BETWEEN ARMENIA AND KAZAKHST AN 
(GOODS)  
QUESTIONS AND REPLIE S 
 The following communication, dated 3 September  2019, is being circulated at the request of 
the delegations of  Armenia and Kazakhstan . 
 
_______________  
 
 
Questions from the delegation of Canada  
 
General Provisions of the Agreement  
Exceptions  
 
1.1.  Paragraph 4.3 and 4.4 state: 4.3: "Article 11 of the Agreement concerns exceptions. 
Article  11.1 provides that the Agreement shall not prevent any of the Parties from taking 
measure s of State control in the area of foreign economic relations, generally accepted in 
international practice which are necessary for compliance with international agreements 
to which the Parties are or intend to become party, provided that the measures relat e to: 
protection of public morals and public order; protection of human life and health; 
conservation of animal and plant life; protection of the environment; conservation of 
valuable art, archaeological and historical objects that national treasures; prot ection of 
industrial and intellectual property; trade in gold, silver and other precious metals and 
stones; conservation of non -renewable natural resources; limiting exports of a commodity 
in the event that the domestic price is lower than the world market  price due to 
implementation of governmental support programs; and disturbances in the balance of 
payments.  
 Paragraph 4.4: Article 11.2 provides that the Parties may use any means of State 
control considered necessary, if the measures relate to: assuring national security, 
including the prevention of leaks in confidential information related to state secrets; trade 
in arms, military technology, munitions, offering military -type services, technology 
transfer and providing services in the manufactur e of armaments and military hardware 
and for other purposes; supplying fissionable nuclear materials and sources of radioactive 
wastes; measures taken at time of war or during other extreme situations in international 
relations; and, actions taken in compl iance with the UN Charter for maintaining 
international peace and security."  
 
a. The text of the exceptions in Articles 11.1 and 11.2 differs from that of similar 
exceptions in the GATT 1994. Could the parties please provide further details on 
what is meant b y the expression "state control" in the chapeau  of both 
provisions?  
 There is an incorrect translation of Article 11 of the Free Trade Agreement between Armenia 
and Kazakhstan. The wording "state control " should be replaced with the wording "state regulati on" 
to align the text of the factual presentation with the Russian version of the Agreement, which shall 
prevail in the event of a dispute as to interpretation, application and implementation of the 
Agreement in accordance with Article 18.  
 WT/REG172/4  
 
- 2 - 
 
  b. One of the sub -elements of Article 11.1 providing for exceptions pertains to 
measures that relate to the "protection of industrial and intellectual property". 
Could the parties please provide further explanation regarding instances in 
which measures that are inconsistent  with their obligations under the RTA may 
be considered justifiable under the exception given the "necessary compliance 
with international agreements to which they are or intend to become a party" in 
the context of the "protection of industrial and intelle ctual property"?  
 The Republic of Kazakhstan is not a party to bilateral or multilateral international acts 
providing for mutual recognition of rights to industrial property. The Free Trade Agreement between 
Armenia and Kazakhstan does not contain any obli gations on intellectual property.  
 
 Measures to protect the rights to protected objects are carried out in accordance with the 
national legislation.  
 
 The meaning of the language "protection of industrial and intellectual property" corresponds 
to the one provided for in Article XX (d) of the GATT 1994. Kazakhstan 's legislation and practices on 
protection of intellectual property rights are in line with the WTO rules and regulations, as well as 
major international agreements and conventions on intellect ual property, to which Kazakhstan is a 
party.  
 
c. Could each party give examples of "agreements to which they […] intend to 
become a party" that are relevant for the exceptions provided under Article 11.1?  
 The example of the agreements may include Internatio nal Agreement for the Creation of an 
Office International des Epizooties in Paris of 25 January 1924 to which both Kazakhstan and Armenia 
are Parties. According to the OIE Terrestrial Animal Health Code import restrictions could be 
introduced by Parties to  protect human and animal life and health from introduction and spread of 
diseases in the territories of the Parties.  
 
Questions from the delegation of Ecuador  
 
Provisions on Trade in Goods  
 
Regulatory Provisions of the Agreement  
Sanitary and phytosanitary measures  (SPS) and technical barriers to trade (TBT)  
 
1.2.  Paragraphs  3.22 and 3.23 state  "[…] According to the Parties , the Agreement 
contains no provisions on  sanitary and phytosanitary measures  or on  technical barriers to 
trade . […]"  
 Please in dicate if  unified processes in these areas will be established subsequently.  
 
 There are no plans for further development of any unified processes in the fields of technical 
barriers to trade (TBT) and sanitary and phytosanitary measures (SPS) within the Free Trade 
Agreement between Kazakhstan and Armenia. Both parties are Member States of Eurasian Economic 
union, within which common TBT and SPS regulation is developed and applied.  
 
Safeguard mechanisms  
 
1.3.  Article  3.24 states:  "In accordance with Article  3.1 of the Agreement, the Parties will 
refrain from applying discriminatory measures against each other, including quantitative 
restrictions or equivalent measures on the import or export of goods under the 
Agreement. The restrictions may be unilaterally established, but must be within 
reasonable limits, and with strictly defined time -limits and only taken in the event of a 
heavy deficit of a given commodity on the internal market until the market condition 
stabilises, or some commodity being imported into  the territory of a Party in such 
increased quantities or under such conditions that harm or threaten to harm domestic 
manufacturers of similar or directly competing goods. According to the Parties, no 
safeguards have been taken under the Agreement.  […]" WT/REG172/4  
 
- 3 - 
 
   Please explain if the Parties will  establish countervailing measures  when a 
safeguard measure is adopted between them ? 
 
 Currently , the Republic of Armenia and the Republic of Kazakhstan are members of the 
Eurasian Economic Union («Treaty on the EAEU») - an international organization for regional 
economic integration. For the EAEU Member States, the Treaty on the EAEU is valid, which was 
signed on May 29, 2014 and entered into force on January 1, 2015 (the Republic of Armenia ratified 
the agreemen t on the country's accession to the EAEU on December 4, 2014).  
 
 According to subparagraph 1) of paragraph 1 of Article 25 of the Treaty on the EAEU, within 
the framework of the Customs Union of Member States internal market of goods shall operate. In 
turn, according to paragraph 3 of Article 28 of the Treaty on the EAEU , within the functioning of the 
internal market in mutual trade of goods the Member States shall not apply safeguard measures.  
 
__________