RESTRICTEDWORLD TRADE
ORGANIZATIONWT/REG73/4/Add.1
WT/REG74/4/Add.1WT/REG75/4/Add.1
WT/REG76/4/Add.1
WT/REG81/4/Add.1
11 May 2001
(01-2436)
Committee on Regional Trade Agreements Original:  English
FREE TRADE AGREEMENTS BETWEEN THE KYRGYZ REPUBLIC AND
THE RUSSIAN FEDERATION, UKRAINE, UZBEKISTAN, MOLDOVA, KAZAKSTAN
Questions and Replies
Addendum
This document reproduces additional questions addressed to the Kyrgyz Republic and the
responses submitted.
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I. BACKGROUND INFORMATION ON THE AGREEMENT
3. Scope
With regard to Question 3 (WT/REG73-76, 81/4), the Kyrgyz Republic replies that “it
does not maintain exceptions to any of the Bila teral Free Trade Agreements (FTAs),” but it does
not refer to other contracting parties.  Do ot her contracting parties ma intain such exceptions?
In addition, FTAs with Russia, Uzbekistan and Kazakstan states that there are provisions onProtocol of Exceptions to the Agreement.  Does  this mean that there will be a possibility of
establishing exceptions in these three Agreements?
The Kyrgyz Republic believes that the trade policies of other contracting parties shall be
considered in respective accession working parties.
According to paragraph 10 of the Protocol of 2 April 1999 (WT/REG82/1, page 19), the
Parties to the Commonwealth of Independent St ates (CIS) FTA agreed not to introduce new
restrictions in mutual trade.
4. Trade Data
Could the Kyrgyz Republic please provide a basic table setting out the percentage of
trade covered by each Bilateral Agreem ent, for each Party to the Agreements?
Information on percentage of trade covered by each Agreement, for each Party to the
Agreement is provided in documents:  WT/REG73/3; WT/REG74/3; WT/REG75/3; WT/REG76/3;
and WT/REG81/3.WT/REG73/4/Add.1, WT/REG74/4/Add.1,
WT/REG75/4/Add.1, WT/REG76/4/Add.1,
WT/REG81/4/Add.1
Page 2
II. TRADE PROVISIONS
1. Import Restrictions
Can the Kyrgyz Republic please confirm that by virtue of the Agreements, the Kyrgyz
Republic has eliminated all import duties and other restrictive regulations of commerce on all
products from each party to each of the five Agreements?
Currently, the Kyrgyz Republic applies no import duties and other restrictive regulations of
commerce on all products from each party to each of the five Agreements.
5. Safeguards
We appreciate the response from the Partie s on safeguard measures in WT/REG73-76,
81/4, but it would further be appreciated if the Parties could confirm that they shall not apply
safeguard measures internally due to no specific provisions.  Or does it mean that since thereare no provisions on safeguard measures, the Parties will be left to decide on whether to apply
safeguard measures or not?
Since there are no provisions in the Agreements which exempt each Party when applying
global safeguard measures, the Parties are left to decide on whether to apply safeguard measures ornot.  According to the Kyrgyz Law on Safeguards of 30 October 1998, safeguard measures are
applied on imports from all countries without exemptions.
6. Anti-Dumping and Countervailing Measures
With regard to your reply on Question 14 in WT/REG73-76, 81/4, could the Kyrgyz
Republic confirm that "nothing in the Agreements prevent Parties from applying anti-dumping
and countervailing measures among themselves", which implies that there is a possibility of
applying the anti-dumping and countervailing measures among themselves.
Yes.
With regard to your reply on Question 4 in WT/REG73-76, 81/4, it is  explained that “the
Protocol on Exceptions dated 12 July 1994 is no longer valid,” and “there are no exceptions to
the Free Trade Agreement between the Kyrgyz Republic and the Russian Federation”.
Although, in the replies to Questions 15 and 19 of that same document, the Kyrgyz Republic
explains that under Free Trade Agreements between the Kyrgyz Republic and respectively theRussian Federation and Kazakstan, anti-dumping measures and countervailing measures can
be introduced in accordance wi th the provisions of the “Protocol on Mechanism of Application
of Special Safeguards, Antidumping and Countervailing Measures.”  On the other hand, Free
Trade Agreements between the Kyrgyz Republic and Ukraine, Uzbekistan, Moldova states that
anti-dumping and countervailing measures could be introduced in accordance with theprovisions provided in the CIS FTA (Reply to  Questions 16, 17 and 18).  Thus, the Kyrgyz
Republic’s five Free Trade Agreements have complicated relations with the CIS FTA and the
Customs Union enabling the transparency on trad e rules.  We would like to know whether the
Kyrgyz Republic has any intention to streamline these provisions under these Agreements.
Anti-dumping and countervailing measures betw een the Customs Union Members are applied
according to the “Protocol on the Mechanism of Ap plication of Special Safeguards, Antidumping and
Countervailing Measures”.  Such measures are applied between the Kyrgyz Republic and otherWT/REG73/4/Add.1, WT/REG74/4/Add.1,
WT/REG75/4/Add.1, WT/REG76/4/Add.1,
WT/REG81/4/Add.1
Page 3
members of the CIS FTA (which are not members of the Customs Union) in accordance with
Article 13(a) of the CIS FTA.  The Kyrgyz Republic believes that this is more transparent in
comparison to the situation where each of the Bilateral Agreements would have separate proceduresfor the application of anti-dumping and countervailing measures.
III. GENERAL PROVISIONS OF THE AGREEMENT
4. Relations with other Trade Agreements
In light of the overlapping membership between several of  the agreements, what is the
nature of the relationship between the Customs Union Agreement, the Bilateral Agreements and
the CIS Agreement (agenda items DI.-VII.)?  Does  the Kyrgyz Republic intend to coordinate the
various Agreements?  If so, could the Kyrgyz Republic please provide details?
The CIS FTA and bilateral FTAs of the Kyrgyz Republic with Kazakstan, Moldova, the
Russian Federation, Ukraine and Uzbekistan are separate legal documents and each Agreement shallbe judged on its own merit.  The free trade provisions of the Customs Union Agreements are based on
bilateral and multilateral free trade area agreements between the Parties.  Free trade regime with no
exceptions and restrictions is applied in trade between the Parties to the Customs Union under the
bilateral and multilateral agreements on free trade.  Currently there are no intentions to coordinate the
Agreements.  Developments in the creation of the EuroAsian Economic Community may affect someof the free trade agreements.
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