RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/KAZ/58/Rev.2 
10 July 2008 
 (08-3343) 
Working Party on the 
Accession of Kazakhstan Original:   English 
 
 
 
ACCESSION OF KAZAKHSTAN 
 
Memorandum on Foreign Trade Legislation  
 
Revision  
  
 The following submission, dated 5 July 2008, is being circulated at the request of the Delegation of the Republic of Kazakhstan. 
 
 
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  WT/ACC/KAZ/58/Rev.2 
Page 2 1.  Amendments to the Foreign Trade Legislation 
  Hereby Kazakhstan provides the information on work carried out to  provide its foreign trade legislation in compliance with the  WTO rules. 
 
Table 1 – Foreign Trade Laws Adopted since July 2006
 
 
Name Corresponding WTO 
Agreements Content of the Law Date of signing by the 
President of the Republic 
of Kazakhstan 
On Amendments to the Law of the Republic of Kazakhstan "On Architectural, Town-
building and Construction Activity in the 
Republic of Kazakhstan" General Agreement on 
Trade in Services The Law was elaborated in ac cordance with Kazakhstan's WTO 
commitments in services.  The La w contains the provision which 
eliminates the 49% restriction on foreign participation in the 
charter capital of joint ventures. 11 December 2006 
On Introduction of Amendments and Addenda 
to Certain Legislative Acts of the Republic of 
Kazakhstan Concerning the Issues of 
Technical Regulation  
 Agreement on Technical 
Barriers to Trade The Law was elaborated in accord ance with the Article 2.2 of the 
TBT Agreement and the Law "On Technical Regulating".  The 
Law has introduced amendments into 33 legislative acts on 
establishment of general standards for human life, health and environment safety in such prior ity sectors as transport security, 
pharmaceutical products security, fire security.  29 December 2006  
On Amendments and Addenda to the Customs 
Code of the Republic of Kazakhstan Agreement on Customs 
Valuation 
 
Agreement on Rules of Origin The Law provides introduction of the following provisions: 
 
-  the requirement to pay the double import duty rate for 
imported goods of unknown origin was eliminated; 
-  customs value of imported goods were defined according to 
the general principles of cust oms valuation of the Agreement 
on Implementation of Article VII of General Agreement on Tariffs and Trade; 
-  customs authorities were authorized to take preliminary 
decision on the country of or igin at the request of the 
participant of foreign economic activity before trade in goods 
took place provided th at all the necessary information on this 
good has been submitted; 
-  preliminary decisions applied to both preferential and non-
preferential rules of origin. 8 January 2007   
   WT/ACC/KAZ/58/Rev.2
 Page 3Name Corresponding WTO 
Agreements Content of the Law Date of signing by the 
President of the Republic 
of Kazakhstan 
On Licensing  Agreement on Import 
Licensing Procedures The Law provides further improv ement of the licensing system 
through introduction of "single window" principle (point 5 of 
Article 1 of the Agreement on Import Licensing Procedures) and 
provision of availability and transparency of the licensing regime (Article 1 of the Agreement). 
 
The Law also introduces terms on  "automatic" (Article 2 of the 
Agreement) and "non-automatic" (Article 3 of the Agreement) 
import licensing. 11 January 2007  
On Amendments and Addenda to Certain 
Legislative Acts of the Republic of 
Kazakhstan on Issues of Accounting and 
Financial Reporting  
 General Agreement on 
Trade in Services The Law has been elaborated with the purpose of further 
development and improvement of accounting and financial 
reporting system in the Repub lic of Kazakhstan in accordance 
with International Financial Reporting Standards.   
These amendments and addenda do not contradict to the principals 
of point 4 of Article VI of th e General Agreement on Trade in 
Services. 28 February 2007  
On Amendments and Addenda to Certain 
Legislative Acts of the Republic of 
Kazakhstan on Issues of Intellectual Property 
 Agreement on Trade 
Related Aspects of 
Intellectual Property 
Rights The Law has provided improvement of the system of examination 
of intellectual property objects. It has eliminated preliminary 
patent and introduced innovation patent.  Unlike the invention 
patent, innovation patent should be issued after examination for 
industrial applicability and local novelty of invention. Invention patent can be issued only after expert examination that also 
includes examination for international novelty of invention.  
Inventor has the right to chose between invention and innovation patens. 2 March 2007  
Labour Code of the Republic of Kazakhstan General Agreement on 
Trade in Services The Law has been adopted with  the purpose to create legal 
conditions aimed at achievement of the balance of interests of 
labour relations parties, protection of rights and interests of the labour relations parties, determine minimal guaranteed rights and 
freedoms in the sphere of labour, and ensure the state control over 
their implementation. The introduc ed amendments and addenda do 
not contradict the principles of the paragraph 4 Article VI of the 
General Agreement on Trade in Services.       15 May 2007  
On Food Safety Agreement on 
Application of Sanitary and Phytosanitary 
Measures The Law establishes legal basis for ensuring food safety for the 
purposes of protection of huma n health and life, legitimate 
consumer interests on the territory of Kazakhstan. 21 June 2007   
  WT/ACC/KAZ/58/Rev.2 
Page 4 Name Corresponding WTO 
Agreements Content of the Law Date of signing by the 
President of the Republic 
of Kazakhstan 
On Safety of Chemical Pro ducts Agreement on Technical 
Barriers to Trade The Law has been elaborated in acco rdance with the Article 2.2 of 
the TBT Agreement and the Law of the Republic of Kazakhstan 
"On Technical Regulating". The Law establishes a legal 
framework for ensuring the safety of chemical products with the purpose to protect human life, health and environment safety 
within the Republic of Kazakhstan. 21 June 2007  
On Safety of Machinery and Equi pment  Agreement on Technical 
Barriers to Trade The Law has been elaborated in acco rdance with the Article 2.2 of 
the TBT Agreement and the Law of the Republic of Kazakhstan "On Technical Regulating".  The Law has effect on all the 
machinery and equipment excluding  those that fall under special 
legislation of the Republic of Kazakhstan.  The Law establishes minimal requirements to machinery and equipment, processes of 
their life cycle with th e objective to guarante e human life, health, 
and environment safety. 21 June 2007  
On Toys Safety Agreement on Technical 
Barriers to Trade The Law has been elaborated in acco rdance with the Article 2.2 of 
the TBT Agreement and the Law of the Republic of Kazakhstan 
"On Technical Regulating".  The Law established a legal basis for 
safety of toys with the objective to guarantee protection of human 
life and health, and environment of  the Republic of Kazakhstan.  21 June 2007  
On Amendments and Addenda to Certain 
Legislative Acts of the Republic of Kazakhstan on Issues of Protection of 
Minority Investors Agreement on Trade 
Related Investment Measures The law introduced the concepts of "minority shareholder" and 
"minority investor".  
According to the amendments, the minority shareholders are given 
the additional right to apply to the register of the company with the purpose to collate with other shareholders in decision makings 
under the competence shareholders general meeting. 19 February 2007  
On Amendments and Addenda to the 
Administrative Offences Code Agreement on Trade 
Related Aspects of Intellectual Property 
Rights Article 145 of the Law provides that 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 confiscation of goods bearing illegal image of a 
trademark, service mark, appellation of origin or similar designations for goods (services). 1 January 2008 
 
   
   WT/ACC/KAZ/58/Rev.2
 Page 52.  Legislative Plan 2008 
 
Table 2 – List of Draft Laws Elaborated by the Government of  the Republic of Kazakhstan in 20 07-2008 as well as their Brief Sum mary  
 
Name Corresponding WTO 
Agreements Content of the Law Date of submission to the 
Parliament of the Republic 
of Kazakhstan 
On Amendments and Addenda to Certain 
Legislative Acts of the Republic of Kazakhstan on Issues of Customs Procedures 
in the Context of the Accession of the 
Republic of Kazakhstan to the World Trade Organization     
 Agreement on Customs 
Valuation  
Agreement on Trade 
Related Aspects of Intellectual Property 
Rights 
  The draft law provides for the fo llowing amendments and addenda 
into the Customs Code of the Rep ublic of Kazakhstan and Code of 
Administrative Offence of th e Republic of Kazakhstan: 
 
- exclusion of the possibility to use the information reference 
book in determining customs value; 
- introduction of the norm that provides for the possibility for 
foreign persons to declare goods and vehicles transferred through the customs border of the Republic of Kazakhstan  
without referring  to middlemen (customs brokers); 
-  provision of customs officials with the right to act upon their 
own initiative and to suspend the release of goods in respect 
of which they have acquired prima facie evidence that an 
intellectual property right is being infringed. Planned to submit to the 
Parliament in  November 2008 
 
  
 
  
On Amendments and Addenda to Certain 
Legislative Acts of the Republic of 
Kazakhstan on Issues of Intellectual Property Agreement on Trade 
Related Aspects of 
Intellectual Property Rights 
Agreement on Trade 
Related Aspects of Intellectual Property 
Rights The Draft Law foresees introduction of amendments and addenda 
to the Law of the Republic of Kazakhstan "On Copyrights and 
Related Rights".  In particular, with the purpose to comply with the WIPO Internet 
Treaties, the Draft Law shall provide the following amendments 
and addenda to the Law "On Copyright and Related Rights":  
-  the new edition of the term "technological measure"; 
-  the new paragraph of Article 48 providing protection for 
Technological Protection Measures and Rights Management 
Information. Submitted to the 
Parliament on  
30 June 2008 
On Amendments and Addenda to Certain Legislative Acts of the Republic of Kazakhstan on Veterinary Issues Agreement on 
Application of Sanitary and Phytosanitary 
Measures The Draft Law foresees introduction of norms on zoning of the 
territory of Kazakhstan, recognition and equivalency of applied veterinary-sanitary measures, insp ection of the enterprises of the 
exporting countries. Submitted to the 
Parliament on  3 September 2007 
 
 
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