RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/KAZ/58/Rev.1 
31 October 2006 
 (06-5218) 
Working Party on the 
Accession of Kazakhstan Original:   English 
 
 
 
ACCESSION OF KAZAKHSTAN 
 
Memorandum on Foreign Trade Legislation  
 
Revision  
  
 The following submission, dated 25 October 2006, is being circulated at the request of the 
Delegation of the Republic of Kazakhstan. 
 
  
_______________ 
  
  WT/ACC/KAZ/58/Rev.1 
Page 2 1.  Changes in the Foreign Trade Legislation 
  Herein we present information on works being performed in order to bring the national legislation in compliance with the WTO r ules and provisions in 
the sphere of foreign trade.  
Table 1 - Foreign Trade Laws Adopted Since 2005
 
 
Law Relevant WTO Agreements Content of the Law Date of Signing 
by the President of 
Republic of Kazakhstan 
On Amendments and Addenda into Certain 
Legislative Acts of the Republic of 
Kazakhstan on Investment Issues Agreement on Trade-Related 
Investment Measures  The Law was developed in conformity with the WTO basic principles of 
transparency.  The Law is aimed at creating more transparent and precise 
procedures of providing investment prefer ences, as well as to introduce more 
favourable conditions for creating new a nd/or increase the cost of existing 
fixed assets. 
 
This Law introduces survei llance procedures of fulfilm ent by investors of the 
contractual commitments.  The Law also provides for the mechanism 
protecting from the risk of breaking the terms of use of natural grants 
provided by the government.  4 May 2005 
On  International Agreem ents  Pursuant to the commitments undertaking by Kazakhstan within the 
framework of WTO accession, Article 20  of the Law stipulates that the 
President and the Government shall take  measures to fulfil the provision of 
international agreements of the Republic  of Kazakhstan and central relevant 
state bodies are obliged to ensure that Kazakhstan fulfils all obligations 
undertaken under intern ational agreements. 30 May 2005 
On Currency Regulation and Currency 
Control General Agreement on Tariffs 
and Trade 
 
General Agreement on Trade in 
Services The Law was elaborated with the purposes to harmonize with the 
international principles of regulating operations with currency and capital 
flows; to create effective legal basis for gradual implementation of total 
convertibility principles  of national currency. 
 
In accordance with the commitments, undertaken by Kazakhstan within the 
framework of WTO accession in the s phere of services. The Law prolongs 
timeframes of liabilities of the n on-residents on export and import 
transactions.  As of 1 January 2007 licensing of currency operations will be 
abolished as well as repatriation princi ples according to the terms established 
in the foreign trade contracts will be introduced. 13 June 2005  
   WT/ACC/KAZ/58/Rev.1
 Page 3Law Relevant WTO Agreements Content of the Law Date of Signing 
by the President of 
Republic of Kazakhstan 
On Amendments and Addenda into the Law 
of Republic of Kazakhstan "On Measures 
on Protection of the Domestic Market when 
Importing Goods" Agreement on Safeguards The objective of the Law is  to bring the provisions of the Law "On Measures 
on Protection of the Domestic Market when Importing Goods" in conformity 
with the Agreement on Safeguards.  The Law introduces addenda and 
amendments into the definitions chap ter.  In particular, notification 
procedures prior to introduction of safegu ards were extended (Article 3.1 of 
the Agreement).  Use of confidential information (Paragraph 2 Article 3 of 
the Agreement), proof presented by an in terested party to authorized body in 
the course of hearings within the inve stigation (Paragraph 1 of Article 3 of 
the Agreement), terms of determination and application of safeguards such as 
duties and import quotas (Article 5 of the Agreement) were brought into 
conformity with the Agreement on Safeguards.  Procedures for money 
transfer collected from application of provisional safeguards and deposited at 
the customs authorities were specified, repayment of excessively paid money 
was provided (Article 6 of the Agreem ent), the liberalization norms were 
introduced for safeguards exceeding one ye ar in duration (Article 7.4 of the 
Agreement).  16 June 2005 
On Amendments and Addenda into the 
Customs Code of Re public of Kazakhstan General Agreement on Tariffs 
and Trade The Law was developed with the purpose to further bringing the Customs 
Code of Republic of Kazakhstan into compliance with the provisions of the 
Tax Code of the Republic of Kazakhsta n, with International Convention on 
Simplification and Harmonization of  customs procedures (Kyoto 
Convention), with the WTO Agreements. 
 
According to the amendments:  (i) insignificant differences in appearance 
may not serve as the basis for refusal to recognize goods as similar; (ii) the 
cost of similar goods imported in di fferent quantity a nd at a different 
commercial level may be used, and their value shall be adjusted taking into 
consideration these differences when there were no cases of import of goods 
in the same quantity and at the same commercial level (Article 3.1(b) of the 
Agreement); (iii) some adjustments shall be introduced on the basis of 
reliable information veri fied by documentation (Article 3.1(b) of the 
Agreement); and (iv) the lowest value had to be applied to determine the 
customs value of imported goods when more than one transaction value with 
similar goods was identified (Article 3. 3 of the Agreement). Regarding the 
method for determining customs value based on deduction of costs, the Law 
stipulates that (i) the customs author ity may not require from a non-resident 
information determining the customs value; and (ii) information supplied by 
the producer of the goods for the purposes  of determining customs value may 
be verified with the ag reement of the producer provided that sufficient 
advance notice shall be given to the government of the country in question 
and the latter did not object  to the investigation.   20 June 2005  
  WT/ACC/KAZ/58/Rev.1 
Page 4 Law Relevant WTO Agreements Content of the Law Date of Signing 
by the President of 
Republic of Kazakhstan 
On Amendments and Addenda into Certain 
Legislative Acts of Republic of Kazakhstan 
on Ecological Audit General Agreement on Trade in 
Services The purpose of this Law is to provid e protection of bio-systems, vital 
interests of the society and human rights against the threats arising from 
human-caused and natural impact on the e nvironment, as well as to introduce 
compulsory ecological audit at companies polluting the environment and to 
settle relations arising between stat e authorities, legal entities and 
individuals, auditors and auditing companies in the course of performing 
ecological auditing ac tivities in Republic of Kazakhstan. 
In particular, ecologica l audit shall be conducted through analysis of 
reporting for the purposes of impact on th e environment.  In the course of 
ecological audit, special  research can be undert aken for the following 
purposes: 
 
- verification of reports which dem onstrate impact on the environment; 
- conformity assessment of industr ial-engineering  processes with 
ecological requirements; 
- conformity assessment of industry su rveillance systems and control with 
ecological requirements; 
-   assessment of staff's skill level.  
 
These amendments and addenda do not cont radict the principles of Paragraph 
4 Article VI GATT. 8 July 2005 
On State Regulation of development of the  
agro-industrial sector and rural areas Agreement on Agriculture 
 
Agreement on Application of 
Sanitary and Phytosanitary 
Measures The Law prioritizes development of the agro-industrial sector and rural areas 
with the potential of ec onomic growth, comp etitive advantages  of the local 
agricultural production, immunity of the market against unfair competition, 
differentiation of powers between diffe rent government levels, ecological 
safety of the agro-industrial sector , cooperation with non-governmental 
associations, business unions, effectiveness of state regulatory measures as 
well as with the potential to conform to international standards, sanitary and 
phytosanitary rules, transparency re quirements, adequate  state support of 
agro-industrial sector and rural areas , development of optimal forms of 
cooperation between the subject s of agro-industrial sector. 8 July 2005 
On Amendments and Addenda into the Law 
of Republic of Kazakhstan "On Transport in 
Republic of Kazakhstan". General Agreement on Trade in 
Services The Law contemplates the rights of passengers and preferences to certain 
categories of passengers.  This Law introduces internationally accepted flight 
safety requirements. 
 
These amendments and addenda do not cont radict the principles of Paragraph 
4 Article VI GATS. 29 September 2005  
   WT/ACC/KAZ/58/Rev.1
 Page 5Law Relevant WTO Agreements Content of the Law Date of Signing 
by the President of 
Republic of Kazakhstan 
On Amendments and Addenda into the Law 
of Republic of Kazakhstan "On 
Employment" General Agreement on Trade in 
Services The Law stipulates further guarantees in  the field of employment by creating 
new jobs of social importa nce, protection of rights and interests of citizens 
working abroad, in accordance with th e stipulated trans-national agreements 
(contracts).   
 
These amendments and addenda do not cont radict the principles of Paragraph 
4 Article VI GATS. 22 October 2005 
On Amendments and Addenda into some 
acts of Law of Republic of Kazakhstan on 
intellectual property rights issues Agreement on Trade-Related 
Aspects of Intellectual Property 
Rights The Law was elaborated with the purpose of further improvement of criminal 
and administrative legislation in order to enhance measures of responsibility 
for violation of intellectual property rights in accordance with 
recommendations of the International Al liance on Protection of Intellectual 
Property and Article 45 of the Agreement of TRIPS. 
 
For example, according to new amendments to the Criminal Code, illegal use 
of copyright or related rights, as well as purchase, storage, transportation or 
manufacturing of pirated copies of publications and/or phonograms for the 
purposes of sale, convicted in signific ant amount shall be fined at the rate 
from five hundred to seven hundred of monthly calculated indices or wages 
or other incomes of a condemned for the period from five to ten months or 
by bringing to public works for 182-240 hours, or by arresting for the period 
of 3-6 months. 
 
The same actio ns, convicted: 
 
(a) repeatedly; 
(b) by a group of persons according to a prearranged plan or by an organized 
group; 
(c)  on a large-scale basis or whic h caused an significant damage; 
(d)  by a person abusing its official functions, - shall be imprisoned for the 
period of 2-5 years with expropriation or without thereof.  
 
Similar amendments were introduced c oncerning inventions , utility models, 
industrial designs, select ion achievements or integral circuits topology. 
 
In the Code of Administrative Infri ngements punishable acts were specified 
more accurately in case of intellec tual property rights infringements. In 
particular the wording "intellectual pr operty infringement" was replaced by 
"storage, displaceme nt, manufacturing of invention,  utility model, industrial 
design, selection achievement, integral circuit topology, copyrights and 
related rights, trade marks, service ma rks, service marks and indications of 
places of goods origin". 22 November 2005  
  WT/ACC/KAZ/58/Rev.1 
Page 6 Law Relevant WTO Agreements Content of the Law Date of Signing 
by the President of 
Republic of Kazakhstan 
Administrative punishment measures were  toughened.  Especially, illegal use 
of copyright and related rights, as well as purchase, storage, transportation or 
manufacturing of pirated copies of publications and/or phonograms for the 
purposes of sale,  appropriation of authorship or coercion to co-authorship, if 
these actions do not contain the signs of  penal acts, - entail a penalty to 
natural persons at the rate from 5-10 (form erly from 3-5), to officials - at the 
rate from 10-20 (formerly from 5-10), to legal persons - at the rate from 50-
100 (formerly from 20-50) of monthly calculated indices with expropriation 
of copies of publications and phonograms,  as well as the objects, served as 
infringement instruments (in the previous edition instruments were not 
seized). 
 
Similar amendments were introduced c oncerning inventions , utility models, 
industrial designs, select ion achievements or integral circuits topology. 
On Amendments and Addenda to 
Legislative Acts of the Republic of 
Kazakhstan on Taxation Issues General Agreement on Tariffs 
and Trade The Law pursuant to Article III GATT abolishes in the Tax Code the 
preferential tax regime af fecting industries in the pe trochemical sector. These 
preferences aimed at encouraging the development of new non-mineral 
sectors in the economy.  The privileged mode of corporate income taxation, 
aimed at petrochemical companies ha d been contingent upon the use of 
domestic over imported goods – namely, a 100% tax reduction had applied if 
at least 90% of their income had been  generated from the sale of products 
derived from refining oil and gas extracted in Kazakhstan.  22 November 2005 
On Compulsory Ecological Insurance General Agreement on Trade in 
Services The Law regulates public relations arising in the field of compulsory 
insurance for civil responsibility caused by harm to life, health and/or 
property of the third parties as a result of accidental polluting of 
environment. The Law also establishe s legal, financial and organizational 
basis for compulsory insurance. 
 
These amendments and addenda do not cont radict the principles of Paragraph 
4 Article VI GATS. 13 December 2005 
On Amendments and Addenda into Certain 
Legal Acts of the Republic of Kazakhstan 
on licensing and consolidated supervision  General Agreement on Trade in 
Services The Law was developed in accordance with the commitments, undertaken by 
Kazakhstan within the framework of WTO accession in the sphere of 
services. In particular, changes have been introduced into the Law "On 
Banks and Banking in the Republic  of Kazakhstan", "On Insurance 
Activities".  As a result, the restrictions on total paid-up capital, composition 
of managing authorities and personnel of the second level banks with foreign 
participation.  Consequently, a non-re sident bank, a non-resident insurance 
company can open their representative offices without approval of authorized 
body. 23 December 2005  
   WT/ACC/KAZ/58/Rev.1
 Page 7Law Relevant WTO Agreements Content of the Law Date of Signing 
by the President of 
Republic of Kazakhstan 
On Amendments and Addenda into Certain 
Acts of the Republic of Kazakhstan on 
subsidies, countervailing and antidumping 
measures Agreement on Application of 
Article VI of the General 
Agreement on Tariffs and Trade 
1994 
 
Agreement on Subsidies and 
Countervailing Measures The Law introduces amendments into the Law of Republic of Kazakhstan 
"On Subsidies and Counterva iling Measures" on the procedure of notice of 
information (Article 12 of the Agreement on Subsidies and Countervailing 
Measures), consultation pr ocedures with the purpose to avoid investigation 
and application of countervailing measur es (Article 9 of the Agreement on 
Subsidies and Countervailing Measures).   Furthermore, the Law excludes 
Article 8 "Non-Actionable Subsidies", whic h similar regulations ceased to be 
effective in the WTO Agreement on gr ants and countervailing measures.  
The Law of Republic of Kazakhstan "On Antidumping Measures" was 
changes in order to bring into confor mity with Agreement on antidumping. 
Some basic concepts (usual trade ope rations and domestic producers), and 
also certain provisions, pertaining to c onsideration of appli cations about facts 
of dumping and material damage, we re harmonized with the Agreement 
(Article 3 of the Agreement on Anti-dumping).  There was extended the 
scheme of notification and familiarizatio n with necessary information of the 
persons, interested in the conducted  anti-dumping discussion, including 
information, received after the c onducted hearings (Article 6 of the 
Agreement on Antidumping).  It is fore seen, that the anti-dumping discussion 
shall be conducted during a year, and, if needed, shall be prolonged for 6 
months more.  Those periods, for wh ich may be entered provisional anti-
dumping measures, were al so harmonized with the Agreement (Article 5.10 
of the Agreement on Antidumping).  Additionally, the minimum size of anti-
dumping margin was decreased from 5% to 2% (Article 5.7 of the 
Agreement on Antidumping). 9 January 2006  
  WT/ACC/KAZ/58/Rev.1 
Page 8 Law Relevant WTO Agreements Content of the Law Date of Signing 
by the President of 
Republic of Kazakhstan 
On Amendments and Addenda into the Law 
of Republic of Kazakhstan "On Natural 
Monopolies" General Agreement on Trade in 
Services 
 
General Agreement on Tariffs 
and Trade The Law was developed according to WTO basic principles of transparency. 
The Law establishes the general proce dure of examination and approval of 
technical and technological norms and rules as well as normative technical 
losses. These rules and norms shall be  approved by the Government of the 
Republic of Kazakhstan upon proposal of central authorized body. 
Meanwhile, the central authorized body is granted the authority to conduct 
expert examination thereof. 
 According to the law, changes in tariffs  of regulated services (goods, works) 
of the subjects of natural monopolies shall be made not often than once a 
year. Accordingly, the terms of examin ation of the tariff proposals by the 
authorized body were extended. 
 
With the purpose to prot ect consumer rights, th e subjects of natural 
monopoly shall provide consumers with the information on assumed change 
in the tariff in the course of public hearings.  In order to strengthen 
transparency of procurement of the subject of natural monopoly, the 
consumer shall be granted with the right to participate in the tendering 
process. 
 
Heat supply services were included into the regulated natural monopolies. 
This was made on the basis of anal ysis which demonstrates absence of 
competition on this market. 14 January 2006 
On Private Entrepreneurship  
 General Agreement on Trade in 
Services 
 The Law defines main economic and public terms and guarantees for 
freedom of private entrepreneurship.  The Law establishes objective criteria 
for small business entities which comprise of average annual number 
employees and average annual value of assets.  The Law establishes 
simplified registration procedures for small business entities and individual 
entrepreneurs.  The Law does no t discriminate non-residents vis-à-vis  
residents and as such does not  contradict WTO rules.   31 January 2006 
On Amendments and Addenda into Certain 
Legal Acts of the Republic of Kazakhstan 
on Entrepreneurship General Agreement on Trade in 
Services 
 The Law introduces amendments and addenda into 66 legislative acts, 
including 9 Codes.  Upon entering the Law into force, all the issues 
concerning checks of private enterprise s (types of checks, terms, and time 
frames) will be regulated only by Laws  of Republic of Kazakhstan.  The Law 
does not discrimina te non-residents vis-à-vis  residents and as such does not 
contradict WTO rules.   31 January 2006  
   WT/ACC/KAZ/58/Rev.1
 Page 9Law Relevant WTO Agreements Content of the Law Date of Signing 
by the President of 
Republic of Kazakhstan 
On Amendments and Addenda into Certain 
Legal Acts of the Republic of Kazakhstan 
on Insurance General Agreement on Trade in 
Services 
 The Law was developed in accordance  with the commitments undertaken 
within the framework of WTO accession in the sphere of  services. Main 
purpose of the Law is to further improve  the national insurance legislation 
taking into account modern tendencies of the international insurance system 
and challenges of the national insuranc e market in the new conditions of 
social and economic deve lopment of Kazakhstan. 
 
The Law eliminates the restrictions on total paid-up capital of insurance companies with foreign participation as  well as restrictions on composition 
of the Board of Directors of insurance companies with foreign participation. 20 February 2006 
On Amendments and Addenda into Certain 
Legal Acts of the Republic of Kazakhstan 
on Auditing Activities General Agreement on Trade in 
Services 
 The Law was elaborated with the purpos e of further improvement of audit 
and auditing activities in the Republic of Kazakhstan, improvement of 
investment climate and extension of international relations, as well as 
increase of responsibility of auditors and auditing companies. The Law 
stipulates auditing activity in compliance with the International Auditing 
Standards. 
 
These amendments and addenda do not c ontradict the principles stated in 
paragraph 4 Article VI GATS. 5 May 2006 
On Amendments and Addenda into Certain 
Legal Acts of the Republic of Kazakhstan  
on Natural Monopolies  General Agreement on Trade in 
Services 
 
General Agreement on Tariffs 
and Trade The Law introduces the term "strategic  goods" which shall be purchased by 
the subjects of natural monopolie s from the producers directly. 
Such goods are as follows: coal, gas, mazut, diesel and electric energy. 
The Law also establishes new mechan ism of provision with counters, 
determines comprehensive list of information on regulated services which 
can not be recognized as commercial secret.  The following functions were 
passed to the competence of central authorized body: 
 
- regulation and control of subjec ts of natural monopolies from the 
competence of local bodies; 
- approval of technical norms and rule s of use of  raw materials, fuel, 
energy, employee staff, normative losses. 
 
These amendments and addenda do not c ontradict the principles stated in 
paragraph 4 Article VI GATS. 5 June 2006 
On Amendments and Addenda into Certain 
Legal Acts of the Republic of Kazakhstan 
on Public Health Agreement on Application of 
Sanitary and Phytosanitary 
Measures 
 
 
 
 The Law was developed with the purpose to bring the provisions in the field 
of sanitary and epidemiological welfare in accordance with the requirements 
of the WTO Agreement on Applicati on of Sanitary and Phytosanitary 
Measures. In particular, the Law provides for harmonization with the 
international standards and recommendations (Article 3 of the Agreement), 
equivalence (Article 4 of  the Agreement), non-discrimination (Article 2.3 of 
the Agreement), risk assessment (Article 5 of the Agreement), etc. 7 July 2006  
  WT/ACC/KAZ/58/Rev.1 
Page 10 Law Relevant WTO Agreements Content of the Law Date of Signing 
by the President of 
Republic of Kazakhstan 
On Competition and Restrictions of 
Monopolistic Ac tivity (New) 
 General Agreement on Trade in 
Services 
 
General Agreement on Tariffs 
and Trade With the purpose to bring the national legislation into compliance with the 
international practices the new Law " On Competition and Restriction of 
Monopolistic Activities " was adopted.  The new Law had expanded the 
scope of anti-monopoly legislation and  specified the criteria used for 
recognition of companies with a domin ant (monopolistic) position in a given 
commodity market.  The new Law also prohibits and invalidates certain anti-
competitive activities of companies with a dominant (monopolistic) position 
in a given commodity market.    
This Law regulates monopolistic behavi our and authorized the introduction 
of price controls regulation when  entities violate the anti-monopoly 
legislation by restricting competitive access to a particular market.  The Law 
also contained new definitions of what constitutes a dominant (monopolistic) 
position.  A company shall be deemed  to have a dominant (monopolistic) 
position if it had a greater than 35% share of the market.  Several market 
participants shall be considered to have a dominant position (i) if the 
aggregate share of up to three market participants in a given commodity 
market equal or exceed 50%; or (ii) if the aggregate share of up to four major 
market participants in a given commodity market equal or exceeded 
70 per cent.  A company with less than 15% share in a given commodity 
market was not deemed as a co mpany with dominant (monopolistic) 
position. 8 July 2006 
 
  
   WT/ACC/KAZ/58/Rev.1
 Page 11 
2.  Legislation Action Plan for 2006 
 
Table 2 – List of Draft Laws Elaborated by the Government of the Republic of Kazakhstan during 2005-2006 as well as their Brief  Summary  
 
Name of Draft Law Relevant WTO Agreements Content of the Draft Law Date of Entry of the Draft 
Law to the Parliament of the 
Republic of Kazakhstan 
On Draft of Labour Code of the Republic of 
Kazakhstan General Agreement on Trade in 
Services 
 The Draft Law is elaborated to establis h the legal basis for striking balance 
of interests of labour relations, prot ection of labor and social rights of 
workers taking into account employer interests as well as control over its 
enforcement. 
 
These amendments and addenda do not c ontradict the principles stated in 
paragraph 4 Article VI GATS. Introduced to the Parliament 
in December 2004 
 
On Amendments and Addenda into the Law of the Republic of Kazakhstan "On 
Guarding Activities"  The Law was developed in accordan ce with the comm itments undertaken 
within the framework of WTO acce ssion in the sphere of services. 
 
The Draft Law reduces the types of guarding activities subject to licensing, 
in particular consulting and preparat ion of recommendations on methods of 
guarding and protection from offences. Introduced to the Parliament 
in May 2005 
 
On Amendments and Addenda into Certain Legal Acts of the Republic of Kazakhstan 
on Accounting and Financial Accounting  General Agreement on Trade in 
Services 
 The Draft Law was elaborated for furt her elaboration and improvement of 
business and financial accounting system  in the Republic of Kazakhstan in 
accordance with the International Accounting Standards. 
 
These amendments and addenda do not c ontradict the principles stated in 
paragraph 4 Article VI GATS. Introduced to the Parliament 
in September 2005 
 
On Licensing (New Version) Agreement on Import Licensing 
Procedures The Draft Law was elaborated in accordance with the provisions of the 
Agreement on Import Licensing Procedures. The Draft Law envisages 
further development of licensing system through introduction into operation 
of the "single window" mechanism (paragraph 5 Article 1 the Agreement), 
accessibility and transparency of the licensing procedures (Article 1 of the 
Agreement). Such concepts as "automatic" (Article 2 of the Agreement) and 
"non-automatic" (Article 3 of the Ag reement) licensi ng of imported goods 
were introduced in acco rdance with the Agreem ent on Import Licensing 
Procedures. Introduced to the Parliament 
in December 2005 
 
On Amendments and Addenda into the Law 
of the Republic of Kazakhstan "On 
Architectural, Town-Planning and 
Construction Activity in the Republic of 
Kazakhstan  General Agreement on Tariffs 
and Trade  The Law was developed in accordance  with the commitments undertaken 
within the framework of WTO accession in  the sphere of services. The Draft 
Law excludes 49% restriction for forei gn participation in charter capital of 
joint ventures. Introduced to the Parliament 
in May 2006   
  WT/ACC/KAZ/58/Rev.1 
Page 12 Name of Draft Law Relevant WTO Agreements Content of the Draft Law Date of Entry of the Draft 
Law to the Parliament of the 
Republic of Kazakhstan 
On Amendments and Addenda into Certain 
Legal Acts of the Republic of Kazakhstan 
on Technical Regulating. Agreement on Technical Barriers 
to Trade The Draft Law was elaborated pursuant to Article 2.2 of the Agreement on 
Technical Barriers to Trade and the Law of the Republic of Kazakhstan "On 
Technical Regulating".  The Draft Law introduces changes into 33 legal acts 
to establish general safety requirements in  such priority sectors as transport, 
pharmaceuticals, fire safety, etc.    Introduced to the parliament 
in May 2006.  
On Food Safety Agreement on Technical Barriers 
to Trade The Draft Law was elaborated pursuant to Article 2.2 of the Agreement on 
Technical Barriers to Trade and the Law of the Republic of Kazakhstan "On 
Technical Regulating".  The main objective of the Draft Law is to provide 
food safety potentially posed to human and consumer life and health on the 
territory of the Republic of Kazakhstan. 
 
State regulation in the sphere of food safety is based on the following 
principles: 
 
- the priority of food safety for life and health of human and environment;  
- prevention of hazards for hum an health and environment; 
- transparency of measures implemented by the Government; 
- transparency, accessibility and reliability of information; 
- science based risk assessment; 
- traceability of food in all processes (stages) of development, production, 
sales, utilization and elimination of food; 
- responsibility of subjects to provide food safety in all production stages.   Introduced to the Parliament 
in May 2006 
On Chemical Products Safety   Agreement on Tec hnical Barriers 
to Trade The Draft Law was elaborated pursuant to Article 2.2 of the Agreement on 
Technical Barriers to Trade and the Law of the Republic of Kazakhstan "On 
Technical Regulating".  The Draft Law establishes legal basis for provision 
of chemical products safety to ensure  high protection level of human life and 
health, environment and consumer prot ection on the territory of the Republic 
of Kazakhstan.  
 
Objectives of the Draft Law are as follows:  
 
-  to establish uniform regulatory re quirements to the safety of objects 
covered by the Law;   
-   to create favourable conditions fo r chemical products safety ensuring 
high protection level of human li fe and health, environment and 
consumer protection on the territory  of the Republic of Kazakhstan; 
-  elimination of technical barriers in trade. Introduced to the Parliament 
in June 2006  
   WT/ACC/KAZ/58/Rev.1
 Page 13Name of Draft Law Relevant WTO Agreements Content of the Draft Law Date of Entry of the Draft 
Law to the Parliament of the 
Republic of Kazakhstan 
On Safety of Vehicles and Equipment 
 Agreement on Technical Barriers 
to Trade The Draft Law was elaborated pursuant to Article 2.2 of the Agreement on 
Technical Barriers to Trade and the Law of the Republic of Kazakhstan "On 
Technical Regulating".  This Draft La w covers all vehicles and equipment 
excluding those vehicles and equipment regulated by special Legislation of 
the Republic of Kazakhstan. 
 
It establishes essential safety requirements to vehicles and equipment, 
exploitation processes. Introduced to the Parliament 
in June 2006 
On Toys Safety   Agreement on Technical Barriers 
to Trade The Draft Law was elaborated pursuant to Article 2.2 of the Agreement on 
Technical Barriers to Trade and the Law of the Republic of Kazakhstan "On 
Technical Regulating".  The Draft Law establishes legal basis for toys safety 
ensuring protection of human life and health, environment and consumer 
protection on the territory of the Republic of Kazakhstan.  
 
The Draft Law includes basic requirement s on provision of toys safety such 
as requirements to toys when placing on  the market, general requirements to 
toys, requirements to mechanical, fire, chemical, electrical, biological, 
radiological safety of toys as well as requirements to consumer information.  
 
The Draft Law will allow to achieve the following objectives: 
 
- to protect domestic market from entry of potentially hazardous toys; 
- to create high living standards for Kazakh citizens; 
- to raise competitiveness of domestically-produced toys; 
- to eliminate redundant administrative barriers; 
- to develop entrepreneurship; 
- to foster the process of WTO accession as a equal trade partner. Introduced to the Parliament 
in August 2006 
On Amendments and Addenda into Certain 
Legal Acts of the Republic of Kazakhstan 
on Subsurface Use and Oil Transactions in 
the Republic of Kazakhstan  Agreement on Trade-Related 
Investment Measures 
 The purpose of the Draft Law is to bri ng the provisions of the Laws of the 
Republic of Kazakhstan "On Subsurface and Subsurface Use", "On Oil" and 
"On Agreements (Contracts) on Pr oduction Sharing when Conducting Oil 
Transactions on the Sea" setting up obligations of subsurface users on 
purchase of domestically-produced commodities with the requirements of 
Article III of GATT and Article 2 TRIMs Agreement, paragraph 1(a) of the 
Demonstrative List of the TRIMs Agreem ent.  The procedures of tendering 
process and conclusion of contracts on subsurface use will  be improved as 
well. Will be introduced to the 
Parliament in September 2006  
  WT/ACC/KAZ/58/Rev.1 
Page 14 Name of Draft Law Relevant WTO Agreements Content of the Draft Law Date of Entry of the Draft 
Law to the Parliament of the 
Republic of Kazakhstan 
On Amendments and Addenda into Certain 
Legal Acts of the Republic of Kazakhstan 
on Intellectual Property Rights Agreement on Trade-Related 
Aspects of Intellectual Property 
Rights The Draft Law was elaborated to reform patenting system. In particular, it is 
envisaged to abolish the mechanism of compulsory preliminary patenting 
according to which the applicant prior to applying for patent had to apply and 
receive the preliminary patent. The pr eliminary patent, as such, does not 
provide the expertise and protection of the invention and is valid during the 
period of expertise (maximum 3 years) .  The new system would consist of 
innovation patenting and patenting.  To issue innovation patent, the 
authorized body shall conduct exper tise for the purposes of novelty and 
industrial applicability within the territo ry of Kazakhstan.  Whereas patenting 
covers the expertise on the global scal e.  Inventor would have the right to 
choose between innovation patent and patent.  Will be introduced to the 
Parliament in November 2006 
 
 
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