. /.  WORLD TRADE  
ORGANIZATION  WT/REG73/5 
12 March 2004  
 
(04-1111) 
Committee on Regional Trade Agreements Original:   English 
   
FREE TRADE AGREEMENT BETWEEN THE KYRGYZ REPUBLIC  
AND THE RUSSIAN FEDERATION 
 
Questions and Replies
 
 
 The following communication, dated 5 February 2004, is being circulated at the request of the 
Delegation of the Kyrgyz Republic. 
 
 This document reproduces the questions addressed  to the Kyrgyz Republic and the responses 
submitted.  The questions and replies set out below are organized in accordance with document 
WT/REG73/3. 
_______________ 
 
 
I. BACKGROUND INFORMATION ON THE AGREEMENT 
3. Scope 
 
In addition to the tariff differential and/ or enhanced services commitments created by 
the elimination of duties in the context of th e FTA, does the agreement have other provisions 
that affect the comparative economic market access opportunity of countries that are not 
parties to the agreement? 
 There are no other provisions that affect  the comparative economic market access 
opportunities of third countries in the Agreement. 
  
II. TRADE PROVISIONS 
1. Import Provisions 
 
Article 6 provides for harmonization of tariffs on 3rd countries. Does the Customs 
Union (IV) completely fulfil this provision? 
 Kyrgyzstan has the information about the ha rmonization of tariffs within EAEC framework. 
  The base list of the Common Customs Tariff, which coincides with the rates of import 
customs duties of the Eurasian Economic Community (Republic of Belarus, Republic of Kazakhstan, 
and Russian Federation), consists of 97 commodity  groups. These commodity groups contain 6285 
commodity items.   The level of unification of the EAEC Common Customs Tariff constitutes about 54% of TN 
EEA/HS of EAEC (Trade Nomenclature of Extern al Economic Activity – Harmonized System). The 
number of non-coincident rates of import customs duties in three states amounted to 5150 commodity items or 46% of TN EEA/HS of EAEC. WT/REG73/5 
Page 2  
 
 The harmonization of the Customs Tariff of the Kyrgyz Republic and the Base List of Common Customs Tariff in 2003 was achieved in 41 commodity groups or 2058 commodity items that is 32.8%. The level of coincidence increased by 22.8% compared with 2002. 
  The level of coincidence of the Customs Ta riff of the Kyrgyz Republic with the Customs 
Tariff of the Russian Federation in 2003 amounts to 2519 commodity items or 22.5%. The total 
difference equals 6917 commodity items, and 5% di fference is kept in 663 commodity items, the 
reserve of approximation is 5.9%.  
7. Subsidies and State-Aid 
Article 9 prohibits subsidies that violate “normal economic conditions”. How does this 
compare to the WTO Subsidies Ag reement? How is it enforced? 
 The Preamble to the bilateral Agreement sti pulates that its provisions shall not prohibit the 
Parties from the observance of commitments under ot her international agreements and treaties. It 
means that Kyrgyzstan has nothing to be prohibi ted from the fulfilment of the WTO Agreement on 
Subsidies. Besides, the national legislation on subsidies of the Kyrgyz Republic complies with the 
requirements of the WTO Agreement on Subsidies.    In practice, the provisions of the named Article have never been applied by the Parties of the 
Agreement. No additional agreements and provisi ons, which regulate the provisions of the given 
Article in details were  developed and adopted. 
 
 
III. GENERAL PROVISIONS OF THE AGREEMENT 
4. Relation with Other Trade Agreements  
 
What is the relationship of this agreement to the Customs Union, etc? What is different? 
Why is it necessary? 
 The free trade provisions of the Customs Un ion Agreements are founded on bilateral and 
multilateral agreements on free trade areas between th e Parties. There are no principal differences in 
the provisions.  
 
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