  
  
G/STR/N/18/KAZ  
 
9 December  2020 
(20-8876) Page: 1/8 
Working Party on State Trading Enterprises  Original: English  
 
STATE TRADING  
NEW AND FULL NOTIFICATION PURSUANT TO ARTICLE XVII:4(A) OF THE  
GATT 1994 AND PARAGRAPH 1 OF THE UNDERSTANDING ON  
THE INTERPRETATION OF ARTICLE XVII  
KAZAKHSTAN  
The following communication, dated 5 November 2020, is being circulated at the request of the 
delegation of Kazakhstan.  
 
_______________  
 
 
Pursuant to the provisions of Article XV II:4 (a) of the GATT 1994 and paragraph 1 of the 
Understanding on the Interpretation of Article XVII, Kazakhstan submits herewith its noti fication 
concerning state trading enterprises. This notification covers the Ural -Atyrau Sturgeon Fishing Plant 
for the years of 2018 and 2019.  
I. REPUBLICAN STATE ENTERPRISE "URAL -ATYRAU STURGEON FISHING PLANT " 
(HEREINAFTER – RSE "UASFP ") 
A. Identification of state trading enterprises  
Mailing/actual address:  
060009,  
The Republic of Kazakhstan,  
Atyrau region,  
City of Atyrau,  
Village of Zhanatalap  
Tel/fax +7 (7122) 25 -80-69 
E-mail: rgkp_uaorz@mail.ru  
B. Description of products affected (including t ariff item number(s) encompassed in product 
description ) 
General group of HS  HS Code  Heading of 
commodity 
item Name of the product produced 
by RSE «UASF P» 
1 2 3 4 
Smoked fish, including fillets, other 
than edible fish offal  0305 49 801 0  Sturgeons  Cold smoked sturgeon fish (beluga, 
sturgeon, starry sturgeon, barbel 
sturgeon)  
Fish, frozen, excluding fish fillets 
and other fish meat of heading 
0304:  
- sturgeons ;  
- for industrial products of 
heading 1604  0303 89 101 0  
0303 89 102 0  
0303 89 103 0  Sturgeons  Frozen sturgeon fish (beluga, 
sturgeon, starry sturgeon, barbel 
sturgeon)  
Sturgeon caviar  1604 31  
1604 32  Sturgeon 
caviar  Caviar  (beluga , sturgeon , starry 
sturgeon ) G/STR/N/18/KAZ  
 
- 2 - 
 
  II. REASON AND PURPOSE FOR ESTABLISHING AND/OR MAINTAINING STATE 
TRADING ENTERPRISE  
A. Reason or purpose for establishing and/or maintaining state trading enterprise  
The RSE "UASF P" was established in accordance with the Government Resolution of the Republic of 
Kazakhstan No. 909 of 16 September 1998 for the implementation of artificial breeding of wildlife 
for sustainable use, conservation of biological diversity and gene pool.  
For the purpose of preservation of Acipenseridae fish species  (sturgeon species), national legislation 
introduced State monopoly on t heir catch from natural habitat, processing and sale. In this regard, 
the RSE "UASFP " was determined as a State monopoly entity in accordance with the Government 
Resolution of the Republic of Kazakhstan No. 1262 "On reorganization of Republican State Treas ury 
Enterprise "Ural-Atyrau Sturgeon Fishing Plant " under supervision of the Committee of Forestry and 
Fauna of the Ministry of Agriculture of the Republic of Kazakhstan " (pursuant to the amendments 
made by the Government Resolution of the Republic of Kaza khstan No. 1413 "On Certain Issues of 
the Ministry of Environment and Water Resources of the Republic of Kazakhstan " of 27 December 
2013).  
B. Summary of legal basis for granting the relevant exclusive or special rights or privileges, 
including legal provision s and summary of statutory or constitutional powers  
In accordance with paragraph 1 of Article 11 -1 of Law of the Republic of Kazakhstan No. 593 "On 
Protection, Reproduction and Use of Fauna " of 9 July 2004, the activity o f harvesting the sturgeon 
species f rom their natural habitat, their purchasing, processing, and export (Law of the RK No. 73 -
VI of 15 June 2017 substituted the word "export " by the word "sale") of their caviar and other types 
of products is related to the State monopoly and is conducted exc lusively by a State enterprise. 
Thus, the RSE "UASFP " is the only company in the Republic of Kazakhstan which has the right to 
export sturgeon species, harvested from natural habitat, their caviar and other types of their 
products.  
III. DESCRIPTION OF THE FUNCTIONING OF THE STATE TRADING ENTERPRISE  
A. Summary statement providing overview of operations of the state trading enterprise  
The RSE "UASFP " engages in rehabilitation of sturgeons ' population in the Republic of Kazakhstan 
by means of artificial reproduction with a capacity about 3.5 million juvenile fish per year ( beluga, 
sturgeon, starry sturgeon, barbel sturgeon ) in the framework of governmental contract.  
The RSE "UASFP " is superv ised by the Committee of Forestry and Fauna of the Ministry of Ecology, 
Geology and Natural Resources of the Republic of Kazakhstan  in accordance with Resolution of the 
Government of the Republic of Kazakhstan No. 479 of 5 July 2019.  
B. Specification of exclu sive or special rights or privileges enjoyed by the state trading 
enterprise  
In compliance with Law of the Republic of Kazakhstan No. 593 "On Protection, Reproduction and Use 
of Fauna " of July 9, 2004 the activity o f harvesting the sturgeon species from th eir natural habitat, 
their purchasing, processing, and sale of their caviar and other types of products relates to the State 
monopoly and is conducted exclusively by the State enterprise.  
In cases of incidental catch of sturgeon species, as well as the fin ding of ownerless fishing gear with 
sturgeon species, viable individuals should be released into natural habitat or transferred to State 
enterprises, which breed young sturgeon species within the state order, and non -viable (dead) 
individuals should be rel eased into natural habitat.  
Harvesting of sturgeon species from natural habitat is conducted by State enterprises of fish 
reproduction with the aim of artificial breeding, as well as by legal entities for scientific and research 
purposes in the order estab lished by the Ministry of Agriculture (Rules of work on stocking reservoirs, 
fisheries reclamation of water bodies approved by the Order of the Minister of Agriculture of the 
Republic of Kazakhstan No. 18 -05/928 of 14 October 2015).  G/STR/N/18/KAZ  
 
- 3 - 
 
  The Ministry of Agricul ture in coordination with the competition authority establishes the price for 
products sold by the State monopoly entity. Current prices have been established in accordance with 
Order of the Minister of Agriculture of the Republic of Kazakhstan No. 18 -05/839 of 
22 September  2015.  
C. Type of entities other than the state trading enterprise that are allowed to engage in 
importation/exportation and conditions for participation  
As pointed out above, only State enterprise s can engage in the sale of sturgeon species  harvested 
from natural habitat and products thereof. Meanwhile, State enterprises do not have monopoly on 
artificial breeding of sturgeon species. Paragraph 4 of Article 19 of Law of the Republic of Kazakhstan 
No. 593 "On Protection, Reproduction and Use of Fauna " determines that artificial breeding of 
sturgeon species for commercial purposes can be conducted by physical and juridical persons and 
other entities/sources not prohibited by legislation of the Republic of Kazakhstan.  
Nevertheless, it is worth mentioning that in accordance with paragraph 3 of Article 19, animal species 
included in Annexes I and II of the Convention on International Trade in Endangered Species of Wild 
Fauna and Flora (hereinafter – CITES) can be traded only if they were bre d in fish -farms or in semi -
farming to be registered at the administrative authority. In other words, entities intended to engage 
in farming of sturgeon species shall be registered at the administrative authority.  
Appendix I of the CITES includes Acipenser sturio and Acipenser brevirostrum and determines them 
as species that are threatened with extinction. All the other sturgeon species are listed in the 
Appendix II to CITES and are not necessarily now threatened with extinction but that may become 
so unless  trade is closely controlled. Species from the Appendix II of the CITES are allowed in trade 
under a CITES permit and under the condition that they were produced in the framework of 
sustainable fishing and lawfully.  
D. How import/export levels are established  by the state trading enterprise  
At the Third Summit of Heads of the Caspian Region States on 18 November 2010 in Baku, the 
President of the Republic of Kazakhstan N.A. Nazarbayev announced an initiative on introduction of 
five-party moratorium for the cat ch of sturgeon species in the Caspian Sea for 5 years.  
The "Agreement on the conservation and sustainable use of aquatic  biological resources of the 
Caspian Sea" was concluded on September 29, 2014 in Astrakhan (Russian Federation) and the 
Commission on the conservation, sustainable use of aquatic  biological resources and management 
of shared stocks of the Caspian Sea was e stablished. One of the Commission 's function s is to 
determine the total allowable catches of shared aquatic biological resources and their allocation to 
national quotas annually.  
According to the decisions of the Commission, the moratorium on the commercia l catch of sturgeon 
species in Caspian Sea was extended for 2018, 2019 and 2020.  
Since 2012 the Republic of Kazakhstan has established a ban on catch of sturgeon species, except 
for reproductive and scientific purposes (the Government Resolution of the Rep ublic of Kazakhstan 
No. 303 of 7 March 2012 , invalid ated by the Government Resolution of the Republic of Kazakhstan 
No. 745 of 4 September 2015 and replaced by the Order of the Acting Chair of the Committee of 
Forestry and Fauna of the Ministry of Agricult ure of the Republic of Kazakhstan No. 190 "On 
Introduction of Restrictions and Prohibitions on the Use of Fauna, their Parts and Derivatives, 
Establishment of Places and Terms of Use " of 24 July 2015).  
The quota for catch of sturgeon species allocated for reproductive purposes and for conducting 
scientific and research works is established by the order of authorized body for the respective period.  
Thus, for the period from 15 February 2018 to 15 February 2019 the limit for catching sturgeon 
species for repr oductive purposes was determined in the amount of 4,63 tons by the Order of the 
Deputy Prime -Minister – Minister of Agriculture of the Republic of Kazakhstan No. 58 of 
1 February  2018.  G/STR/N/18/KAZ  
 
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  For the period from 15 February 2019 to 15 February 2020 the limit for catching sturgeon species 
for reproductive purposes was determined in the amount of 4,63 tons by the Order of the Deputy 
Prime -Minister – Minister of Agriculture of the Republic of Kazakhstan No. 59 of 11 February 2019. 
However, actual catching for the ful fillment of the governmental contract is equal to approximately 
3.0-3.5 tons.  
In accordance with the technology, fish hatcheries release back into natural habitat in a living form 
80-85% of mature specimens of sturgeon fish involved in artificial reproduct ion. Nevertheless, some 
of the female fish, because of their physiological characteristics are not amenable to life -production 
of caviar without killing. Caviar of such females is extracted from the body by traditional method, 
i.e. by slaughtering. Carcass es of such fish shall be processed and sold by the State monopoly.  
In accordance with the Law of the Republic of Kazakhstan on "Accession of the Republic of 
Kazakhstan to the Convention on International Trade in Endangered Species of Wild Fauna and Flora " 
No. 372 -I of 6 April 1999, the Republic of Kazakhstan has bec ome a Party to the CITES.  
It should be noted that sturgeon species are included in Annex II of the CITES as species which are 
currently not threatened with extinct ion but may become so, if trade in such species will not be 
strictly regulated for the purpose of prevention of their use incompatible with their survival.  
In this regard, in order to control the population of sturgeon species, the Secretariat of the CITES 
approves annual quotas for catch from their natural habitat, export of caviar and meat of sturgeon 
species.  
At the Third Summit of the Heads of the Caspian States on 18 November  2010 in Baku (hereinafter 
referred to as the Third Summit), the President of the  Republic of Kazakhstan N.A. Nazarbayev 
announced the initiative to introduce a five -party  moratorium on the catch of sturgeon species in 
the Caspian Sea.  
Since 2010, Kazakhstan has introduced a moratorium for catching of sturgeon species, except for 
repro duction and scientific fishing (Decree of the Government of the Republic of Kazakhstan of 
7 March 2012 No. 303).  
Based on the abovementioned, for today export is not possible.  
E. How export prices are determined  
Due to the moratorium on catch of sturgeon spec ies in Caspian Sea, the RSE "UASFP " is not involved 
in exportation.  
F. How the resale prices of imported products are determined  
The RSE "UASFP " does not engage in importation.  
G. Whether long -term contracts are negotiated by the state trading enterprise. Whethe r the 
state trading enterprise is used to fulfil contractual obligations entered into by the 
government  
The RSE "UASFP " does not negotiate any long -term contracts and does not participate in the 
implementation of contractual obligations undertaken by the G overnment.  
H. Brief description of market structure  
In accordance with paragraph 1 of Article 11 -1 Law of the Republic of Kazakhstan № 593 "On 
Protection, Reproduction and Use of Fauna " of 9 July 2004 the activity o f harvesting the sturgeon 
species from their natural habitat, their purchasing, processing, a nd sale of their caviar and other 
types of products is related to State monopoly and is exclusively conducted by State enterprise. 
Thus, the RSE "UASFP " does not have competition on the internal market. However, it should be 
noted that in accordance with p aragraph 2 of this Article , physical and juridical persons who 
purchased products from the State monopoly have the right to conduct its further processing and 
sale. 
  G/STR/N/18/KAZ  
 
- 5 - IV. STATISTICAL INFORMATION  
TABLE  I 
STATE TRADING: REPUBLICAN  STATE  ENTERPRISE  "URAL -ATYRAU  STURGEON  FISHING PLANT " 
STATISTICAL INFORMATION , IMPORTS  
Description of product 
(including HS code)  Total quantity 
imported  Quantity imported by 
state trading enterprise  Average import price  Average 
representative 
domestic sales price  Mark -up National 
production  
1 2 3 4 5 6 7 
Smoked fish, including 
fillets, other than edible fish 
offal: 
(0305 49 801 0)  
The RSE "UASFH" is not involved in importation  Fish, frozen, excluding fish 
fillets and other fish meat of 
heading 0304:  
- sturgeons;  
- for industrial products 
of heading 1604:  
(0303 89 101 0)  
(0303 89 102 0)  
(0303 89  103 0)  
Sturgeon caviar:  
(1604 31)  
(1604 32)  
   
  G/STR/N/18/KAZ  
 
- 6 - TABLE  II 
STATE TRADING: REPUBLICAN  STATE  ENTERPRISE  "URAL -ATYRAU  STURGEON  FISHING PLANT  
STATISTICAL INFORMATION , EXPORTS  
Description of product (including 
HS code)  Total 
quantity 
exported1 Quantity exported 
by state trading 
enterprise1 Average 
procurement 
price1 Average representative 
domestic sales price2 Average 
export 
price1 National 
production1 
1 2 3 4 5 6 7 
Smoked fish, including fillets, other 
than edible fish offal : 
(0305 49 801 0)  
- - - 5 290.7 KZT3 
- - Frozen fish, excluding fish fillets and 
other fish meat of heading 0304:  
- sturgeons;  
- for industrial products of 
heading 1604:  
(0303 89 101 0)  
(0303 89 102 0)  
(0303 89  103 0)  1 555.8 KZT3 
Sturgeon caviar:  
(1604 31)  
(1604 32)  Caviar of great sturgeon  
164 181 KZT3 
Caviar of sturgeon  
140 661,5 KZT3 
Caviar of starred sturgeon  
56 695,9 KZT3 
Notes : 1 Statistics  on total quantity  exported , quantity  exported  by state trading  enterprise , average  procurement  price, average  export  price, 
national  production  are not collected . 
2 Prices  on products sold by the State monopoly entity are determined in accordanc e with Order of the Minister of Agriculture of the 
Republic of Kazakhstan No. 18 -05/839 "On Establishment of Prices for Products Sold by the State Monopoly Entities " of 
22 September  2015. 
3 In accordance with official exchange rate of the National Bank of the Republic of Kazakhstan as of 1 June 2020 1 USD = 411.54 KZT.  
   
  G/STR/N/18/KAZ  
 
- 7 - TABLE  III 
STATE TRADING: REPUBLICAN  STATE  ENTERPRISE  "URAL -ATYRAU  STURGEON  FISHING PLANT  
STATISTICAL INFORMATION , DOMESTIC ACTIVITIES  
Description of product (including HS 
code)  Domestic purchases by state 
trading enterprise1 National 
production2 Domestic sales by 
state trading 
enterprise3 National 
consumption2 
1 2 3 4 5 
Smoked fish, including fillets, other than 
edible fish offal : 
(0305 49 801 0)  
The RSE "UASF P" is not involved in 
domestic /external purchases  - 4.88 kg 
- Fish, f rozen, excluding fish fillets and 
other fish meat of heading 0304:  
- sturgeons;  
- for industrial products of heading 
1604: 
(0303 89 101 0) 
(0303 89 102 0)  
(0303 89  103 0)  7168,37 kg 
Sturgeon caviar:  
(1604 31)  
(1604 32)  103.81  kg 
Notes : 1 The RSE "UASF P" conducts harvest of sturgeon species from natural habitat and engages in confiscation of poaching catch but is not 
involved in domestic or external purchases.  
2 Statistics on national production and national consumption are not collected. 
3 Statistics are provided by the Committee of Forestry and Fauna of the Ministry of Agriculture. 
 G/STR/N/18/KAZ  
 
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  V. REASON WHY NO FOREIGN TRADE HAS TAKEN PLACE  
Order of the Acting Chair of the Committee of Forestry and Fauna of the Ministry of Agriculture of 
the Republic of Kazakhstan No. 190 "On Introduction of Restrictions and Prohibitions on Use of 
Fauna, their Parts and Derivatives, Establishment of Places an d Terms of Use " of 24 July 2015 have 
introduced a prohibition on catch of sturgeon species by individual and legal entities, except for:  
1) enterprises of fish reproduction (in the framework of governmental contract);  
2) scientific organizations conducting scien tific and research catch;  
3) State monopoly in case of availability of quota for catch of sturgeon species.  
The Commission on the conservation, sustainable use of marine biological resources and 
management of shared stocks of the Caspian Sea allocates quotas.  During its meetings in 2017, 
2018 and 2019 , the moratorium on the comme rcial catch of sturgeon species in Caspian Sea w as 
extended, therefore there is no need to allocate quotas.  
National legislation authorizes the RSE "UASFP " with the exclusive right to sale sturgeon species 
harvested from natural habitat, however as this right is currently restricted by the decision of the 
Commission on the conservation, sustainable use of marine  biological resources and management 
of shared stocks of the Caspian Sea , the RSE "UASFP " does not export sturgeon species, and 
products made thereof.  
The RSE "UASF P" is not involved in importation.  
 
__________  