RESTRICTEDWORLD TRADE
ORGANIZATIONWT/REG71/6
3 January 2001
(01-0018)
Committee on Regional Trade Agreements Original:  English
CUSTOMS UNION BETWEEN THE KYRGYZ REPUBLIC,
THE RUSSIAN FEDERATION, BELARUS, KAZAKHSTAN AND TAJIKISTAN
Questions and Replies
This document reproduces questions addressed to the Kyrgyz Republic and the responses
submitted.  The questions and replies set out below are organized in accordance with document
WT/REG71/4/Rev.1.
_______________
I. BACKGROUND INFORMATION ON THE AGREEMENT
2. Type of Agreement
1. Section I.2 of WT/REG71/4/Rev.1 states that according to Article 23 of the Agreement
on Customs Union and Common Economic Area of 26 February 1999, the Parties will
determine under separate agreements the time frames for finalizing the formation of the
Customs Union.  We would be grateful for an i ndication as to when such agreements are likely
to be signed by the Parties.
The Agreement on Common Customs Tariff of the Customs Union Member States
(hereinafter CCT Agreement) was signed on 17 February 2000.1  This Agreement sets the time frame
for forming the common customs tariff in stages over a period of five years from the date of entry into
force of the Agreement.  There are no other agreements regarding time frames for finalizing the
formation of the Customs Union planned to be signed so far.
2. We note from Section II.1.3 of WT/REG71/4/Rev. 1 that the Common Customs Tariff
will be formed in stages over a period of five years from the date of entry into force of the
Agreement, and that this period may be prolonged by mutual agreement of the Parties.  We
would be grateful for further information regarding the length of time that the period of
implementation can be prolonged.
Since it depends on the level of harmonization achieved by the end of the five-year period,
and on the mutual agreement of the Parties to the Customs Union, it is impossible to provide
information on the period of time to which the implementation period can be prolonged.
Nevertheless, Article 23 of the Agreemen t on Customs Union and Common Economic Area of
26 February 1999 refers to international norms and rules in determining the time frames for finalizing
the formation of the Customs Union. The Kyrgyz Republic believes that the proper reference tointernational norms in this case would be reference to the provisions of Article XXIV of GATT 1994
and the Understanding on the Interpretation of Article XXIV of GATT 1994.  Therefore, the length of
                                                     
1 The text of the CCT Agreement is reproduced in Annex 1.WT/REG71/6
Page 2
time that the period of implementation can be prolonged shall not exceed additional five years, if not
extended according to provisions of paragraph 3 of the Understanding.
3. Has the transition period already started or will it start only af ter the signature and
entry into force of a further agreement?
The Kyrgyz Republic believes that the transition period will start upon entry into force of the
CCT Agreement.
3. Scope
4. Section I.3 of WT/REG71/4/Rev.1 outlines th at according to the Agreement on Common
Customs Tariff of 17 February 2000, during the transition period before establishing theCommon Customs Tariff, each Party will determine a list of sensitive goods for which the Party
concerned will be free to establish its own rates.  Such a list shall not exceed 15 per cent of total
imports of the Party.  We would appreciate further information regarding:
- on what basis the figure of 15 per cent was arrived at, bearing in mind that the
Agreement is required to cover "substantially all of the trade"?
- for what period of time after the establishment of the Common Customs Tariff
will each Party be able to establish their own tariff rates for sensitive goods?
The figure of 15 per cent was set bearing in mind the "substantially the same tariffs"
requirement.  It establishes only the maximum deviation allowable and not a requirement.  Members
may not necessarily use all 15 per cent .  Moreover, during the interim period the Agreement is not
required to cover substantially all of the trade.  It is not feasible at this time to provide information on
the period of time for which after the establishment of the Common Customs Tariff each Party will be
able to establish its own tariff rates for sensitive goods.
5. Please explain the meaning of "sensitive g oods" mentioned in the second paragraph of
Section I.3 of WT/REG71/4/Rev.1.
"Sensitive goods", as determined according to the provisions of Article 1 of the
CCT Agreement, are goods which are not produced or produced in insufficient quantities in the
member states and which are of social importance, i.e. necessary for satisfaction of population vital
needs or national production, and also goods domestic producers of which need governmental support
and protection from competition of imported like goods.
II. TRADE PROVISIONS
1. Import Restrictions
1.3 Common external tariff
6. In Section I.1.3 of WT/REG71/4/Rev.1 it is st ated that "the CCT Agreement was signed
on 17 February 2000.  This Agreement has not come into force yet."  Since that time, has this
Agreement come into force?  If not, when is it ex pected to do so?  It is further stated that the
five-year period "may be prolonged by mutual  agreement of the Parties".  When does this
period actually start?WT/REG71/6
Page 3
The CCT Agreement came into force on 31 August 2000 for Belarus, Kyrgyz Republic and
the Russian Federation.  According to the provisions of Article 6 of CCT Agreement, the five-year
period has started on the same date.  Kazakhstan and Tajikistan are in the process of ratification of the
CCT Agreement.
7. In the fifth paragraph of Section II.1.3 it is  stated that "As……the  Common Customs
Tariff has just begun and the rates proposed to be negotiated are not determined yet, it is not
possible to provide information on negotiations under Article XXIV:6 at this early stage."
Japan believes that negotiations based on Arti cle XXIV:6 should be pursued in accordance with
the procedures stipulated in paragraph 4 of the Understanding of the Interpretation of Article
XXIV, which stipulates that such negotiations  should commence "before tariff concessions are
modified or withdrawn upon the formation of a custom union or an interim agreement leadingto the formation of a custom union."  Based on this provision, we can expect that the
negotiations based on Article XXIV:6 shall be conducted in accordance with the WTO
Agreement.
(No specific reply given.)
8. The Agreement on Customs Union between the Republic of Belarus, Tajikistan, the
Russian Federation, the Republic of Kazakhstan and the Kyrgyz Republic provides for the
introduction of a common external customs tariff.  At what stage is this process and what are
the prospects for its finalization?  How do es the common external tariff allow the
Kyrgyz Republic to observe its market access commitments as a WTO Member?
As it was stated in document WT/REG71/4 /Rev.1, work on forming the common customs
tariff has just began and it is expected to be formed in stages over a period of five years from the date
of entry into force of the CCT Agreement.  The Kyrgyz Republic will observe its market access
commitments and will initiate negotiations under Article XXIV:6 of GATT 1994.
9. Please provide information on the current situ ation with respect to the harmonization of
tariff rates, namely on which products and tariff lines had harmonization occurred, and which
were the areas where harmonization had not occu rred.  Please also provide some information
on the difficulties involved with the harmonizatio n and on the timing for the completion of such
process.
The Counsel of Heads of Governments adopted the Decision #46 on 26 February 1999,
according which applied tariff rates of Belarus, Kazakhstan and Russian Federation, which were
identical in all of these countries, were approved as a Basic List of Common Customs Tariff.  This listincludes approximately 60 per cent of tariff items listed in CIS Goods Nomenclature of Foreign
Economic Activity based on the Harmonized System and the Combined Tariff-Statistical
Nomenclature of the European Union.  The Basic List of Common Customs Tariff includes tariff
items in 84 Chapters.  The following Chapters are not harmonized in the List: 34 – Soup, organic
surface active agents, washing preparations, lubricating preparations etc.;  38 – Miscellaneouschemical products; 47 – Pulp of wood or of other fibrous cellulosic material etc.;  57 – Carpets and
other textile floor coverings; 61 – Articles of apparel and clothing accessories, knitted or crocheted;
62 - Articles of apparel and clothing accessories, not knitted or crocheted; 64 – Footwear, gaiters and
the like; parts of such articles; 65 – Headgear and parts thereof; 75 – Nickel and articles thereof; 88 –
Aircraft, spacecraft, and parts thereof; 91 – Clocks and watches and parts thereof; 94 – Furniture;bedding, mattresses, mattress supports, cushions and similar stuffed furnishings, lamps and lighting
fittings etc..
See also answer to question 8 above.WT/REG71/6
Page 4
10. When are the decisions regarding which produc ts will be covered by the free-trade area
agreements or the customs union itself in terms of relationship with ex ternal parties expected
for?
According to the Protocol on Amendments and Supplements to the CIS Agreement on the
Creation of the Free Trade Area of 2 April 1999, bilateral arrangements regarding phasing out theexisting restrictions in trade between the Parties to the CIS Free Trade Area Agreement are expected
to be signed by 1 February 2001 with the Parties which have ratified the Protocol.  Decisions
regarding which products will be covered by the Common Customs Tariff are expected within the
five-year period from the entry of the CCT Agreement into force.  It is impossible to provide more
precise dates at this stage.
5. Safeguards &
6. Anti-Dumping and Countervailing Measures
11. In the third paragraph of Section II.6 of WT/REG71/4/Rev.1 it is  explained that "the
application of safeguard, anti-dumping and countervailing measures in trade between the
Custom Union Members will be applied until the common customs territory is formed."  Can
the Parties explain whether any such measures have been taken so far?
The Kyrgyz Republic has not taken any safeguard, anti-dumping and countervailing measures
in trade with the Parties to the Customs Union so far.
12. Can the Parties confirm that these measures would be applied without discrimination to
the parties and the non-parties?
Bearing in mind that other Parties to the Customs Union are not Members of the WTO, the
Kyrgyz Republic is not in a position to confirm that these measures would be applied without
discrimination on behalf of the all Parties to the Customs Union.  According to the terms of reference
of the examination adopted on 2 July 1999, the CRTA will examine participation of the Kyrgyz
Republic in the Customs Union Agreement.  The Kyrgyz Republic confirms that it would applysafeguard, anti-dumping and countervailing measures without discrimination to the parties and non-
parties to the Customs Union.
13. Is the mechanism of application of special safeguards, anti-dumping and countervailing
measures in trade of member countries of the customs union as described in Annex II different
from the mechanism of application of such measures to imports from third countries as
stipulated in the national legislation?
Both the mechanism of application of special safeguards, anti-dumping and countervailing
measures in trade of member countries of the customs union, described in Annex II of the document
WT/REG71/4/Rev.1 and the provisions of the Kyrgyz legislation, are patterned after the WTO
Agreements on Safeguards, Anti-Dumping, and Subsidies and Countervailing Measures.  The
Protocol on Mechanism of Application of Spec ial Safeguards, Antidumping and Countervailing
Measures in Trade of Member Countries of the Customs Union does not exclude application ofnational legislation with respect to Customs Union Me mber Countries.  Therefore, national legislation
is applied both for customs union countries and third countries.
9. Other
14. We note from Section II.9 of WT/REG71/4/Rev.1 that according to Kyrgyz law on free
economic zones, such zones are outside the Kyr gyz customs territory and that the free tradeWT/REG71/6
Page 5
provisions of the Customs Union do not apply to goods originating from the Kyrgyz free
economic zones. We request further information regarding:
- what percentage of Kyrgyz trade with  other members of the customs union is
comprised of goods originating from Kyrgyz free economic zones?
- what percentage of goods originating from Kyrgyz free economic zones is traded
with other members of the customs union?
Goods originating from Kyrgyz free economic zones comprised: in 1997 – 0.4 per cent;  in
1998 – 0.4 per cent;  and in 1999 – 0.8 per cent of total Kyrgyz trade with other members of the
Customs Union.
In 1997 - 17.87 per cent;  in 1998 – 8.9 per cent;  and in 1999 – 10.61 per cent of goods
originating from Kyrgyz free economic zones was exported to other members of the Customs Union.
15. The Preamble to the Agreement reproduced in WT/REG71/2 refers to the fulfilment by
the Kyrgyz Republic of the Terms and Conditions of Forming the Customs Union established
by the Intergovernmental Belarus-Kazakstan-Russia Commission.
- what are these terms, are they an integral part of the Agreement on Customs
Union?
- does the Kyrgyz Republic contemplate submitting them to the Committee on
Regional Trade Agreements?
The Terms and Conditions of Forming the Customs Union established by the
Intergovernmental Belarus-Kazakstan-Russia Commission are not an integral part of the Agreementon Customs Union.
2  According to these terms a party wishing to accede to the Customs Union shall
take list of measures as a prior condition for accession.
16. What would be the impact of the Eurasian Economic Community on the provisions of
the customs union under examination by the Committee?
The Agreement on Establishing Eurasian Economic Community (EurAsEC), which was
signed on 10 October 2000 by Customs Union member countries, sets institutional framework to
facilitate formation of a Customs Union and common economic area between Belarus, Kazakhstan,
Kyrgyzstan, Russian Federation and Tajikistan.  The Agreement establishes an international
organization for administering the customs union agreements and which is to be registered in the
United Nations Office.  The text of the EurAsEC Agreement will be submitted to the Committee on
Regional Trade Agreements.
                                                     
2 The text of the Terms and Conditions is reproduced in Annex 2.WT/REG71/6
Page 6
ANNEX 1
AGREEMENT ON COMMON CUSTOMS TARIFF OF
THE CUSTOMS UNION MEMBER STATES
The Government of the Republic of Belarus, Government of the Republic of Kazakhstan,
Government of the Kyrgyz Republic, Government of the Russian Federation and the Government of
the Republic of Tajikistan hereinafter referred to as the Parties;
Being guided  by the agreements on Customs Union, Agreement on Customs Union and
Common Economic Area of 26 February 1999;
Proceeding from the objectives, principles and conditions, stages and mechanism of
formation and functioning of the Customs Union;
Considering agreed tariff policy in trade with third countries to be one of the main objectives
of formation of the Customs Union;
Promoting economic integration deepening, creation of equal opportunities for business
entities participants of foreign trade activity of the Parties and ensuring fair competition;
Acknowledging  universally accepted provisions and rules of international trade,
Hereby agreed as follows:
Article 1
For the purposes of this Agreement the foll owing main notions and terms shall be used:
− Common Customs Tariff of the Customs Union Member States means an agreed and
approved according to a set procedure list of unified import customs duty rates to beapplied to the goods imported to the customs territories of the Parties from third
countries.  It is systematized in accordance with Single Goods Nomenclature of
Foreign Economic Activity of the Communion of Independent States.
− List of unified import customs duty rates having been agreed and approved under a
set procedure on the date of signing of this Agreement and following supplementsand amendments to this list according to the Article 7 of this Agreement shall form
Basic List of the Common Customs Tariff (Annex 1).
− Sensitive Imported Goods means goods which are not produced or insufficiently
produced in the member states and having social importance, i.e. necessary forsatisfaction of population vital needs or national manufacture and also goods whose
domestic producers need government support and protection from competition ofimported like goods.
− Escalation of Customs Tariff means increase of customs duties rates depending on
good processing degree.WT/REG71/6
Page 7
Article 2
The following kinds of import customs rates should be applied within the Common Customs
Tariff:
− ad valorem rates which are counted in per cent to the taxable goods’ customs value;
− specific which are counted in a fixed monetary unit for a taxable good’s unit;
− combined which involve both the above-mentioned kinds of rates.
The Parties have agreed to introduce seasonal and specific kinds of duties where necessary.
Under the special kinds of rates special safeguard, antidumping and countervailing duties applied in
accordance with the Protocol on mechanism of applying of special safeguard, antidumping and
countervailing measures in trade of the Customs Union member states of 17 February 2000 shall be
understood.
Article 3
Determination of taxable goods' customs value is carried out in accordance with the Bases of
Customs Legislation of CIS member states a pproved by the Decision of the CIS Council of
Governments’ Heads of 10 February 1995.
Article 4
The Parties shall be directed by the Decision of the CIS countries' Council of Governments'
Heads of 24 September 1993 on Rules of Determin ing of a Country of Origin of Goods while
determining a country of origin of goods.
Article 5
The Parties have agreed to apply three-levelled Common Customs Tariff structure stipulating
its escalation.
Article 6
The Parties have agreed that formation of the Common Customs Tariff shall be conducted
within the transitional period taking into account:
− gradual joining of the Kyrgyz Republic and Republic of Tajikistan to the formation of
the Customs Union;
− gradual supplement (extension) of the Ba sic List of the Common Customs Tariff.
Transitional period of gradual formation of the Common Customs Tariff shall be determined
as 5 years beginning from the date of entry into force of this Agreement.  This term may be prolonged
under agreement of the Parties.
Article 7
The Parties have agreed to take measures on extension of the Common Customs Tariff on the
basis of using:
− List of goods on which import customs rates divergence of the member states do not
exceed five per cent points (List No.1, Annex2);WT/REG71/6
Page 8
− List of goods on which import customs rates divergence of the member states exceed five
per cent points (List No.2, Annex3).
The Parties shall take measures on further rapprochement of rates on the List No.1 and List
No.2 goods nomenclature and gradual supplement of  the Basic List of the Common Customs Tariff
on their basis.
List No.1 and List No.2 are subject to periodic  fixation within the established procedure by
the Integration Committee.
The Common Customs Tariff (list of goods, approved by the Decision No. 46 of Council of
Governments’ Heads of 26 February 1999, for which import customs rates of the Republic of Belarus,
Republic of Kazakhstan and Russian Federation coincide;  Addendum No.1 to it approved by theDecision No.59 of Council of Governments’ Heads of 24 September 1999;  and Addendum No.2 to it
approved by the Decision No.2 of Council of Go vernments’ Heads of 17 February 2000) shall be
adopted as an Annex 1 taking into account provisions of the Articles 1 and 6 on the date of signing of
this Agreement.
Lists of goods on which divergence of import customs rates of the Republic of Belarus,
Republic of Kazakhstan and Russian Federation do not exceed five per cent points and exceed five
per cent points agreed by the Integration Comm ittee Decision of 11 June 1999, Protocol No.15, shall
be considered as Annexes 2 and 3 to this Agreement.
Article 8
The Parties have agreed to fix by the Integration Committee Decisions domestic lists of
sensitive goods for each of the Parties annually during the transitional period.  These lists should not
exceed 15 per cent of total import volume (CIF) of each of the Parties within the past year.
The Parties shall keep their right to introduce amendments and supplements on goods
nomenclature of these lists independently during the transitional period with immediate informing of
Integration Committee with the exception of goods nomenclature included into Basic List of the
Common Customs Tariff.
It should be set as an exception for the Republic of Tajikistan that its lists of sensitive goods
will consist of one good which is alumina (GN FEA CIS code 281820000) and not exceed 25 per cent
of the corresponding total import volume of the state.
Article 9
Term of application of import customs rates of the Basic List of Common Customs Tariff
shall be six months from the date of this Agreement's entry into force and automatically be prolonged
for the further six months periods provided that none of the Parties undertake measures on import
customs rates’ amendments.
Article 10
The Parties shall conduct agreement of amendments and supplements to the customs duties
rates on goods nomenclature included into the Basic List of Common Customs Tariff and Lists No. 1
and No.2 (with exception of goods included into domestic lists of sensitive goods) within a setprocedure.WT/REG71/6
Page 9
Amendments and supplements to the Basic List of Common Customs Tariff shall be carried
out, as a rule, to the direction of its addition (extension).
Amendments and supplements to the Basic List of Common Customs Tariff shall be drawn as
its addenda, which shall be approved within a set procedure and be an integral part of the Basic List ofCommon Customs Tariff.
Article 11
The Parties shall apply agreed preferential tariffs with respect to the developing and less
developed countries and shall sign an appropriate protocol.
Article 12
The Parties have agreed to apply doubled import customs rates included into the Common
Customs Tariff with respect to the goods originating from the countries, trade and political relations
with which do not provide for most favored nation regime or the country of origin of which is notdetermined.
Article 13
The Parties have agreed not to apply individual customs privileges to the business entities,
which are foreign trade activity participants, within the framework of the Common Customs Tariff
with the exception of cases provided by the domestic legislation of the Parties.
Article 14
All amendments and supplements to the text of this Agreement shall be introduced under
agreement of the Parties and shall be drawn up as separate protocols, which will be integral part of
this Agreement.
Article 15
This Agreement shall come into force from the day on which the third notification on
fulfillment by a signatory Parties of domestic procedures necessary for its entry into force is submitted
to a depository which is an Integration Committee.
Each of the Parties has right to leave the Agreement by written notification on it to the
depository in no less than six months before the supposed date of exit.
Done in Moscow on 17 February 2000 in one true copy in Russian.
The true copy of this Agreement shall be stored with Integration Committee which shall send
to each Party its certified copy.WT/REG71/6
Page 10
ANNEX 2
TERMS AND CONDITIONS
FOR THE FORMATION OF CUSTOMS UNION3
These terms and conditions are binding for signatory states to the Agreement on Economic
Union which expressed their desire to join the Agreements on Customs Union of 6 and 20 January
1995.
I. In the Area of Regulation of Foreign Economic Activity and Customs Matter
1. To develop and adopt resolutions of the Government of a joining state on the organization of
work for the implementation of the provisions of  the Agreements On Customs Union of 6 and 20
January 1995.
2. To develop and sign:
• Agreement on Single Procedure of Regulation of Foreign Economic Activity;
• Agreement on the Unity of Management of Customs Services;
• Agreement on Joint Efforts to Protect External Borders of the Customs Union;
• Agreement on Transportation of Goods on Terms and Conditions of National Carrier;
• Protocol on the Introduction of Free Trade Regime, in Full, without Exceptions and
Restrictions.
3. To unify foreign economic regulation of a joining state in accordance with normative acts
adopted in the Customs Union by the following areas:
3.1 Tariff regulation
− To establish single rates of:
• Export duties,
• Import duties;
− To adopt a single system of import duty preferences, including the list of user
countries to which preferential regime does not apply during import;
− To make a decision on cancelling the granting of preferential tariffs;
− To sign a protocol on doing works in the area of tariff regulation.
3.2 Non-tariff regulation
− To unify normative acts of a joining state in the area of non-tariff regulation in
accordance with ones effective in the Customs Union;
− To make up a common list of:
• Goods to which a specific procedure of export applies, including dual-
purpose goods which can be used in the creation of chemical weapon, nuclear
                                                     
3 Approved by the Decision of the Intergovernmental Belarus and Kazakstan and Russian Commission
on 22 November 1995 in the city of Moscow.WT/REG71/6
Page 11
materials, technology, equipment, installations, radio-active sources and
rocket weapon,
• Goods to which a specific procedure of import applies,
• Strategically important goods, as well as oil and oil products,
• Goods whose export/import is regulated on the basis of international
obligations,
• Goods export of which is carried out on the basis of registration of contracts
by the state bodies;
− To bring into line the mechanism of regulating export and import of goods subject to
state control;
− To sign a protocol on doing works in the area of non-tariff regulation.
3.3.  Trade regimes with third countries and international organizations
− To bring into line the normative acts adopted in the Customs Union  with:
• agreements regulating trade and economic cooperation with third countries
and integration associations;
• agreements with international organizations.
− To sign a protocol on the completion of this work.
4. To unify customs legislation and normative acts as follows:
4.1. To introduce the Bases of Customs Legislation common for the Contracting Parties.
4.2. To introduce the Single Methodology of Foreign Trade Customs Statistics and the
single Trade Nomenclature of Foreign Economic Activity of the CIS.
4.3. To carry out a complex of activities to ensure the unity of management of customs
services.
4.4. To bring into line the normative acts of a joining state with the unified normative acts
of the Republic of Belarus, Republic of Kazakstan and the Russian Federation.
4.5. To establish:
• A single procedure for customs control of [1] transfer of goods through
customs borders, including the goods to which a specific (licensing)procedure of import and export applies, [2] registration of excised goods and
goods of temporary import and export and of regime of transit;  a single form
of declaring goods,
• Single rules of transfer by natural persons, through the border, of currency,
goods and means of transport,
• A single procedure for imposing customs payments, including customs
duties, VAT, excises, customs clearance fees.
4.6. To develop a program on infrastructure at customs points at external border of the
Customs Union.WT/REG71/6
Page 12
4.7. To sign a protocol on the completion of work on the fulfilment of primary activities
and to develop proposals on transferring customs control from internal to external
border of the joining state’s customs territory.
II. In the Area of Finances and Payment Relations
1. To develop proposals on unifying the mechanism of currency regulation and control.
2. To coordinate measures for the unification of basic kinds of taxes and their rates with a view
to create equal conditions for goods producers.
3. To develop a single methodology and normative acts on pricing on the basis of agreed
methods of calculating the cost of products and carrying out the regulation of prices for and tariffs on
products and services of natural monopolies and products being purchased by the state.
4. To sign an agreement on measures to ensure mutual convertibility of national currencies by
rates quoted by central (national banks of the Customs Union Members.
5. To prepare an inter-bank agreement on mutual access of authorized banks to domestic
markets.
6. To create a net of currency exchange offices to carry out transactions with cash banknotes of
the states.
III. For the Development of Production and Entrepreneurship
1. To exchange programs on carrying out economic reforms with a view to take measures for
their coordinated implementation.
2. To develop proposals on unifying the regime of investment activity and purchase of real
estate and ensuring of investment protection.
3. To develop proposals on implementing common investment programs.
4. To develop proposals on state’s support of state enterprises which are members of joint
financial and industrial groups.
(The list of the main documents is attached.)WT/REG71/6
Page 13
Annex to the Terms and Conditions for the Formation of Customs Union
List of Main Documents to Be Prepared and Adopted
on the First Stage by the Countries Joining the Customs Union
I. Intergovernmental Documents
1. Agreement On Single Procedure of Regulation of Foreign Economic Activity.
2. Agreement On the Unity of Management of Customs Services in accordance with the
procedure existing in the Customs Union.
3. Agreement on Joint Efforts to Protect External Borders of the Customs Union.
4. Agreement on Measures to Ensure Mutual Convertibility of National Currencies by Rates
Quoted by Central (National) banks.5. Protocol On the Introduction of Free Trade Regime, in Full, without Exceptions and
Restrictions.
6. Protocol On the Completion of Work in Relation to Implementation of Primary Activities.
7. Agreement On Joining the Agreements on Customs Union.
II. Main Inner-State Documents
Documents on bringing into force of:
− Bases of Customs Legislation of the CIS Member States;
− Single Methodology of Foreign Trade Cust oms Statistics of the CIS Member States;
− Goods Nomenclature of Foreign Economic Activity of the CIS;
− Unified rules of transfer by natural persons, through the border, of goods and means of
transport;
− Unified rates and procedure for imposing customs fees and payments (import-export duties,
VAT, excises, customs clearance fees);
− Single form of declaring goods on the terr itory of the Customs Union Member States.
To implement the Agreement on the Unity of Management of Customs Services, the following
documents are required:
− Regulation on the Representative Office of the Customs Service of the Economic Union
Member State under the Customs Service of the Russian Federation;
− Protocol on the Organization of  Customs Control of Fissionable and Radioactive Materials;
− Protocol on the Procedure of Financing the Representative Office of the Customs Service of
the Economic Union Member State under the Customs Service of the Russian Federation;
− Protocol on a Joint Introduction of Foreign Trade Customs Statistics of the Economic Union
Member State;
− Protocol on Technical Assistance in Strengthenin g Customs Control at External Border of the
Economic Union Member State;
− Protocol on the Unified Procedure of Custom s Clearance of Excised Goods Including the
Goods Subject to Marking;
− Rules of Delivery of Goods under Customs Control;
− Regulation on Bank Guarantees;
− Regulation on Customs Regime of Transit of Goods;
− Rules of Controlling Delivery and Transit of Goods;
− Regulation on the Procedure of Controlling Goods Being Transported as Transit over the
Territory of Third Countries;WT/REG71/6
Page 14
− Regulation on the Procedure of Controlling Goods Exported from the Territory of the
Customs Union;
− Regulation on the Procedure of Applying the Convention of the International Contract of
Carriage (MDP) 1975 (provided that the state joins this document);
− Instruction on the suspension of transportation within the framework of the Convention MDP
1975 by organizations having broken this Convention;
− Instruction on non-acceptance for customs clearance of MDP books not covered by
guarantees;
− Rules of equipping and the procedure of permitting the use of means of transport (containers)
for transportation under customs seals;
− Regulation on Customs Carrier.
As for the issues of currency control, it is nece ssary to introduce the following clauses unified with
the Customs Union countries:
− Procedure for import and export by natural persons of cash foreign currency;
− Procedure for organizing customs control of transfer by legal entities of foreign currency and
securities in foreign currency;
− Procedure for transfer of credit cards;
− Regulation on bringing into force a single form of the permit certificate for export of foreign
currency;
− Procedure for organizing customs control over transfer of currency of Russia and the
Economic Union Member State and precious metals.
As for the issues of customs tariff regulation of foreign economic activity, it is necessary to introduce
the following clauses unified with the Customs Union countries:
− Criteria of substantial transformation and rules of direct unloading and immediate purchasing;
− Procedure for controlling customs value of excised goods.
In order to implement the Agreement on Single Procedure of Regulation of Foreign Economic
Activity, to adopt:
− Law On State Regulation of Foreign Economic Activity;
− Customs Code;
− Law On Customs Tariff;
− Resolution of the Government on Approving the List of the Countries Using the Preferences
Scheme and the List of Goods to which Preferential Regime does not Apply During Import;
− Resolution of the Government on Approving th e Regulation on the Procedure for Controlling
Export, from the Country, of Chemicals, Equipment and Technologies which are of peaceful
purpose but may be used in the creation of chemical weapon;
− Resolution of the Government on Approving th e Regulation on the Procedure for Controlling
Export of Equipment, Materials and Technologies Used in the Creation of Rocket Weapon.
__________