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История статусов
Дата вступления в силу 23.06.2025 |
Руководствуясь абзацем первым пункта 2 статьи 7 Договора о Евразийском экономическом союзе от 29 мая 2014 года, пунктом 6 Положения о Евразийской экономической комиссии (приложение N 1 к указанному Договору) и статьей 10 Соглашения о международных договорах Евразийского экономического союза с третьими государствами, международными организациями или международными интеграционными объединениями от 14 мая 2018 года, Высший Евразийский экономический совет РЕШИЛ:
1. Одобрить проект Соглашения об экономическом партнерстве между Евразийским экономическим союзом и его государствами- членами, с одной стороны, и Объединенными Арабскими Эмиратами, с другой стороны (прилагается).
2. Председателю Коллегии Евразийской экономической комиссии Сагинтаеву Б.А.:
а) подписать указанное в пункте 1 настоящего Решения Соглашение от имени Евразийского экономического союза после завершения государствами - членами Евразийского экономического союза необходимых внутригосударственных процедур, разрешив в случае необходимости вносить в прилагаемый проект изменения, не имеющие принципиального характера;
б) подписать Совместное толкование Соглашения, указанного в пункте 1 настоящего Решения, от имени Евразийского экономического союза.
3. Настоящее Решение вступает в силу с даты его официального опубликования.
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От Республики Армения
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От Республики Беларусь
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От Республики Казахстан
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От Кыргызской Республики
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От Российской Федерации
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The Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, and the Russian Federation (hereinafter referred to as "the EAEU Member States") and the Eurasian Economic Union (hereinafter referred to as "the EAEU") within the limits of its respective areas of competence as derived from the Treaty on the Eurasian Economic Union of 29 May 2014 (hereinafter referred to as "the Treaty on the EAEU") acting jointly or individually, of the one part, and the United Arab Emirates (hereinafter referred to as "UAE"), of the other part,
hereinafter being referred to individually as a "Party" and collectively as "the Parties";
Recognising the strong economic and political ties between the Parties, and wishing to strengthen these links through the creation of a free trade area, thus establishing close and lasting relations;
Determined to build on their respective rights and obligations under the Marrakesh Agreement Establishing the World Trade Organization;
Conscious of the dynamic and rapidly changing global environment brought about by globalisation and technological progress that presents various economic and strategic challenges and opportunities to the Parties;
Determined to develop and strengthen their economic and trade relations through the liberalisation and expansion of trade in goods in their common interest and for their mutual benefit;
Aiming to promote transfer of technology and expand trade;
Convinced that the establishment of a free trade area will provide a more favourable climate for the promotion and development of economic and trade relations between the Parties;
Aiming to facilitate trade by promoting efficient and transparent customs procedures that reduce costs and ensure predictability for their importers and exporters;
Determined to support the growth and development of micro, small and medium-sized enterprises by enhancing their ability to participate in and benefit from the opportunities created by this Agreement;
Aiming to establish a clear, transparent, and predictable legal and commercial framework for business planning, that supports further expansion of trade;
Recognising their inherent right to regulate and resolved to preserve the flexibility of the Parties to set legislative and regulatory priorities, and protect legitimate public welfare objectives, such as health, safety, environmental protection, conservation of living or non-living exhaustible natural resources, integrity and stability of the financial system, and public morals, in accordance with the rights and obligations provided in this Agreement;
Have agreed, in pursuit of the above, to conclude the following Agreement (hereinafter referred to as "this Agreement"):
The Parties hereby establish a free trade area consistent with Article XXIV of the GATT 1994.
For the purposes of this Agreement:
Agreement on Agriculture means the Agreement on Agriculture in Annex 1A to the WTO Agreement;
Anti-Dumping Agreement means the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 in Annex 1A to the WTO Agreement;
Customs Valuation Agreement means the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 in Annex 1A to the WTO Agreement;
days means calendar days, including weekends and holidays;
DSU means the Understanding on Rules and Procedures Governing the Settlement of Disputes in Annex 2 to the WTO Agreement;
GATT 1994 means the General Agreement on Tariffs and Trade 1994 in Annex 1A to the WTO Agreement;
GPA means the Agreement on Government Procurement in Annex 4 to the WTO Agreement;
Harmonized System or HS means the Harmonized Commodity Description and Coding System, including its General Rules for the Interpretation, Section Notes, Chapter Notes, and Subheading Notes;
Import Licensing Agreement means the Agreement on Import Licensing Procedures in Annex 1A to the WTO Agreement;
Joint Committee means the Joint Committee established pursuant to Article 16.1 (Joint Committee) of this Agreement;
measure means any measure, whether in form of a law, regulation, rule, procedure, decision, practice, administrative action, or any other form;
Safeguards Agreement means the Agreement on Safeguards in Annex 1A to the WTO Agreement;
SCM Agreement means the Agreement on Subsidies and Countervailing Measures in Annex 1A to the WTO Agreement;
SPS Agreement means the Agreement on the Application of Sanitary and Phytosanitary Measures in Annex 1A to the WTO Agreement;
TBT Agreement means the Agreement on Technical Barriers to Trade in Annex 1A to the WTO Agreement;
TRIPS Agreement means the Agreement on Trade-Related Aspects of Intellectual Property Rights in Annex 1C to the WTO Agreement;
WTO means the World Trade Organization; and
WTO Agreement means the Marrakesh Agreement Establishing the World Trade Organization, done at Marrakesh, 15 April 1994.
The objectives of this Agreement are to liberalise and facilitate trade in goods and promote cooperation between the Parties in accordance with the provisions of this Agreement.
1. With regard to the UAE, this Agreement shall apply to its land territories, internal waters, territorial sea (including the seabed and subsoil thereof), and airspace over such territories and waters, including its free zones. It shall also extend to the contiguous zone, continental shelf, and exclusive economic zone, over which the UAE has sovereignty, sovereign rights, or jurisdiction as defined in its laws and in accordance with international law.
2. With regard to the EAEU and its Member States, this Agreement shall apply to the territory of each of its Member States as well as artificial islands, structures, installations and other objects outside the territories of Member States over which Member States have exclusive jurisdiction.
1. The Parties affirm their existing rights and obligations with respect to each other under the WTO Agreement and other agreements to which the Parties are party.
2. If the WTO Agreement provides for more favourable treatment in respect of matters covered by this Agreement, such more favourable treatment shall be applied between the Parties.
3. In the event of any inconsistency between this Agreement and any other agreements to which both Parties are party, the relevant Parties shall, upon request, consult with each other with a view to finding a mutually satisfactory solution.
4. Without prejudice to Article 3.7 (Accumulation), the provisions of this Agreement shall neither apply between the EAEU Member States or between the EAEU Member States and the EAEU, nor shall they grant to UAE benefits that the EAEU Member States grant exclusively to each other.
Each Party shall take such reasonable measures as may be available to it to ensure observance of the provisions of this Agreement by the regional and local governments and authorities and by non-governmental bodies in the exercise of governmental powers delegated by central, regional, and local governments and authorities within its territories.
For the purposes of this Chapter:
Customs duty refers to any duty or charge of any kind imposed on or in connection with the importation of a product, but does not include any:
(a) charge equivalent to an internal tax imposed consistently with Article III.2 of GATT 1994;
(b) duty imposed consistently with Chapter 5 (Trade Remedies) of this Agreement;
(c) fee or other charge in connection with importation commensurate with the cost of services rendered.
Except as otherwise provided in this Agreement, this Chapter applies to trade in goods between the Parties.
The Parties shall accord national treatment to the goods of other Parties in accordance with Article III of the GATT 1994, including its interpretative notes. To this end, Article III of the GATT 1994 and its interpretative notes are incorporated into and form part of this Agreement.
1. With respect to customs duties and charges of any kind imposed on or in connection with importation or exportation or imposed on the international transfer of payments for imports or exports, and with respect to the method of levying such duties and charges, and with respect to all rules and formalities in connection with importation and exportation, and with respect to all matters referred to in paragraphs 2 and 4 of Article III of GATT 1994, any advantage, favour, privilege or immunity granted by a Party to any good originating in or
destined for the territory of any third country shall be accorded immediately and unconditionally to the like good of the other Party or like good destined for the territory of such Party.
2. The provisions of paragraph 1 shall not apply to preferences:
(a) to adjacent countries for the purposes of facilitating frontier traffic;
(b) to the participants of a customs union, free trade area or regional economic organisation, or any other regional trade agreements as defined in Article XXIV of GATT 1994; or
(c) granted by a Party to developing and least developed countries in accordance with general scheme of tariff preferences.
1. Except as otherwise provided in this Agreement, neither Party shall increase any existing customs duty, or adopt any new customs duty, on an originating good of the other Party in excess of those provided for in its Schedule of Tariff Commitments set out in Annexes 2A (Schedules of Tariff Commitments), 2B (UAE Schedules of Tariff Commitments) and 2C (EAEU Schedules of Tariff Commitments).
2. Each Party shall reduce or eliminate customs duties on originating goods of another Party in accordance with its Schedule of Tariff Commitments set out in Annexes 2A (Schedules of Tariff Commitments), 2B (UAE Schedules of Tariff Commitments) and 2C (EAEU Schedules of Tariff Commitments).
3. If at any moment a Party reduces its applied Most-Favoured-Nation customs duty rate to a level below the base rate in relation to a particular tariff line, the MFN applied rate shall be deemed to replace the base rate in the Schedule, for as long as the MFN applied rate is lower than the base rate, for the purpose of the application of the preferential rate for that particular tariff line. In this regard, the Party shall, effect the tariff reduction on the MFN applied rate to calculate the applicable preferential rate, maintaining at all times the relative margin of preference. The relative margin of preference for any given tariff line corresponds to the difference between the base rate set out in the Schedule of Tariff Commitments in Annexes 2B (UAE Schedules of Tariff Commitments) and 2C (EAEU Schedules of Tariff Commitments) and the applied duty rate for that tariff line in accordance with the Schedule of Tariff Commitments in Annexes 2B (UAE Schedules of Tariff Commitments) and 2C (EAEU Schedules of Tariff Commitments) divided by that base rate, expressed in percentage terms.
1. Upon request of a Party, the other Party shall consult with the requesting Party to consider accelerating, improving, or broadening the scope of the elimination of customs duties as set out in their Schedule of Tariff Commitments set out in Annexes 2A (Schedules of Tariff Commitments), 2B (UAE Schedules of Tariff Commitments) and 2C (EAEU Schedules of Tariff Commitments).
2. Further arrangements between the Parties to accelerate or broaden the scope of the elimination of a customs duty on a good or to include a good in Annexes 2A (Schedules of Tariff Commitments), 2B (UAE Schedules of Tariff Commitments) and 2C (EAEU Schedules of Tariff Commitments) shall supersede any duty rate or staging category determined pursuant to their respective Schedules upon its incorporation into this Agreement.
3. Nothing in this Agreement shall prohibit a Party from unilaterally accelerating or broadening the scope of the elimination of customs duties set out in its Schedule in Annexes 2A (Schedules of Tariff Commitments), 2B (UAE Schedules of Tariff Commitments) and 2C (EAEU Schedules of Tariff Commitments) on originating goods. Any such unilateral acceleration or broadening of the scope of the elimination of customs duties will not permanently supersede any duty rate or staging category determined pursuant to their respective Schedule nor serve to waive that Party's right to raise the customs duty back to the level established in its Schedule in Annexes 2A (Schedules of Tariff Commitments), 2B (UAE Schedules of Tariff Commitments) and 2C (EAEU Schedules of Tariff Commitments) following a unilateral reduction.
1. The classification of goods in trade between the Parties shall be that set out in the respective tariff nomenclature of each Party in conformity with the Harmonized System and its legal notes and amendments.
2. Each Party shall ensure that the transposition of its Schedule of Tariff Commitments does not afford less favourable treatment to an originating good of the other Party than that set out in its Schedule of Tariff Commitments in Annexes 2A (Schedules of Tariff Commitments), 2B (UAE Schedules of Tariff Commitments) and 2C (EAEU Schedules of Tariff Commitments). Such changes to the Foreign Economic Activity Commodity Nomenclature of the EAEU and UAE Trade Nomenclature shall be carried out by the Eurasian Economic Commission and UAE, respectively, and inform each other on a timely manner.
Neither Party may adopt or maintain any prohibition or restrictions on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except as otherwise provided in this Agreement and in accordance with Article XI of GATT 1994 and its interpretative notes, and to this end Article XI of GATT 1994 and its interpretative notes are incorporated into and made a part of this Agreement.
1. Each Party shall ensure that its import licencing procedures, as defined in Articles 1 through 3 of the Import Licensing Agreement, are implemented in a transparent and predictable manner, and applied in accordance with the Import Licensing Agreement.
2. Before applying any new or modified import licensing procedure, a Party shall publish it in such a manner as to enable governments and traders to become acquainted with it, including through publication on an official government internet site. To the extent practicable, the Party shall do so at least 21 days before it takes effect.
3. Upon request of the other Party, the Party shall exchange information concerning its implementation in a reasonable period.
4. Promptly after the entry into force of this Agreement, each Party shall notify the other Party of its existing import licences, if any. The notification shall:
(a) include the information specified in Article 5 of the Import Licensing Agreement; and
(b) be without prejudice as to whether the import licence is consistent with this Agreement.
5. A Party shall be deemed to be in compliance with paragraph 4 with respect to an existing import licencing procedure if:
(a) it has notified that procedure to the Committee on Import Licensing established in accordance with Article 4 of the Import Licensing Agreement together with the information specified in paragraph 2 of Article 5 of that agreement; or
(b) with respect to that procedure, it has provided to the Committee on Import Licensing, the information requested in the annual questionnaire on import licensing procedures described in paragraph 3 of Article 7 of the Import Licensing Agreement, in that Party's most recent annual submission due before the entry into force of this Agreement.
The customs value of goods traded between the Parties shall be determined in accordance with the customs laws and regulations of the importing Party, which shall be in conformity with Article VII of GATT 1994, its interpretive notes and Agreement on Implementation of Article VII of the GATT 1994.
1. The rights and obligations of the Parties in respect of subsidies for goods not covered by the Agreement on Agriculture, in Annex 1A to the WTO Agreement, shall be governed by the provisions of Article XVI of GATT 1994, the SCM Agreement and their respective WTO obligations and commitments.
2. The Parties share the objective of multilateral elimination of export subsidies for agricultural goods.
3. The rights and obligations of the Parties in respect of export subsidies on any agricultural good destined for the territory of the other Party shall be governed by their respective WTO obligations and commitments.
4. Each Party shall ensure transparency in the area of subsidies covered by this Article. Upon request of a Party, the other Party within a reasonable period of time shall give notice on a specific subsidy, as defined in the SCM Agreement, that it grants or maintains. Such notice shall contain the information set out in Article 25.3 of the SCM Agreement.
1. The Parties shall endeavour to avoid the imposition of restrictive measures for balance-of-payments purposes.
2. Any such measures taken for trade in goods shall be in accordance with Article XII of the GATT 1994, its interpretive notes and the Understanding on the Balance-of-Payments Provisions of the GATT 1994, the provisions of which are incorporated into and made a part of this Agreement.
1. Each Party shall ensure, in accordance with Article VIII:1 of GATT 1994 and its interpretive notes, that all fees and charges of whatever character imposed on, or in connection with, importation or exportation of goods are limited in amount to the approximate cost of services rendered, which shall not be calculated on an ad valorem basis, and shall not represent an indirect protection to domestic goods or a taxation of imports or exports for fiscal purposes.
2. Each Party shall make available to the other Party a current list of the fees and charges imposed in connection with importation or exportation.
1. Each Party shall designate and notify a Contact Point to facilitate communications between the Parties on any matter covered by this Chapter. Each Party shall promptly notify the other Party of any change of its Contact Point.
2. Each Party ensures that its laws, regulations, procedures and administrative rulings relating to non-tariff measures are not prepared, adopted or applied with the view to, or with the effect of, creating unnecessary obstacles in trade with the other Party and adversely affecting trade between the Parties.
3. If a Party considers that a non-tariff measure of the other Party arising under this Chapter is an unnecessary obstacle to trade and adversely affecting trade between the Parties, that Party may nominate such a non-tariff measure and may request technical consultations with the other Party. The request shall be in writing and shall clearly identify the measure, explain the reasons for the request and how the measure adversely affects trade between the Parties, indicate any provisions of the Chapter to which the concerns relate and, if possible, provide suggested solutions.
4. The requested Party shall respond to the requesting Party and enter into technical consultations within 20 days of the receipt of the written request, unless otherwise agreed by the Parties, with a view to reaching a mutually satisfactory solution.
5. If the technical consultations fail to resolve the matter, that party may nominate such a non-tariff measure for review by the Subcommittee on Trade in Goods by notifying the other Party at least 30 days before the date of the next scheduled meeting of the Subcommittee on Trade in Goods. A nomination of a non-tariff measure for review shall include reasons for its nomination, how the measure adversely affects trade between the Parties, and if possible, suggested solutions. The Subcommittee on Trade in Goods shall immediately review the measure with a view to securing a mutually agreed solution to the matter. The Technical consultations and the review by the Subcommittee on Trade in Goods is without prejudice to the Parties' rights under Chapter 13 (Dispute Settlement).
Nothing in this Agreement shall be construed to prevent a Party from maintaining or establishing a state trading enterprise in accordance with Article XVII of the GATT 1994 and the Understanding on the Interpretation of Article XVII of the GATT 1994.
1. Each Party shall, in accordance with its respective laws, rules, and regulations, grant temporary admission free of customs duties for the following goods imported from the other Party regardless of their origin:
(a) professional and scientific equipment and materials, including their spare parts, and included goods for sports purposes, that are necessary for carrying out the business activity, trade, or profession of a person who qualifies for temporary entry - if complying with additional requirements stipulated by the customs laws of the importing Party;
(b) goods intended for display or use at, theatres, exhibitions, fairs, or other similar events, including but not necessarily limited to commercial samples, advertising materials including printed materials, films, and recordings;
(c) containers and pallets in use or to be used for refilling;
(d) machinery and equipment for conducting the experiments and tests - if complying with additional requirements stipulated by the customs laws of the importing Party; and
(e) other goods in accordance with the importing Party's customs laws.
2. A Party shall not impose any condition on the temporary admission of goods referred to in paragraph 1, other than to require that such goods:
(a) not be used for the purposes other than those indicated for relevant goods in paragraph 1;
(b) be accompanied by a security deposit (guarantee) in an amount no greater than the customs duty or charges that would otherwise be owed on importation, releasable on re-exportation of the goods;
(c) be re-exported on the departure of the person referred to in paragraph 1 or within such period of time as indicated in paragraph 4;
(d) be capable of identification when re-exported;
(e) not be sold or leased while in its territory, except for the cases granted in accordance with the customs laws of the Party;
(f) not be imported in a quantity greater than is reasonable for its intended use; and
(g) be otherwise admissible into the importing Party under its laws.
3. If any condition that a Party imposes under paragraph 2 has not been fulfilled, that Party shall apply the customs duty and any other charge that would normally be owed on importation of the goods, unless otherwise decided by the customs authority in accordance with the Party's customs laws.
4. Goods granted temporary admission shall be re-exported from the territory of the Party within the period specified in accordance with the customs laws of this Party. However, each Party at the request of the importer and for reasons deemed valid by its customs authority may extend the time limit for temporary admission beyond the period initially fixed, but not exceeding the period granted in accordance with the customs laws of this Party.
5. Each Party shall, in accordance with its customs laws, provide that the importer of a goods admitted under this article shall not be liable for failure to re-export a temporarily admitted goods upon presentation of satisfactory proof to the Party's customs authority that the goods has been involuntarily destroyed within the original time limit for temporary admission or any lawful extension.
6. Each Party, through its customs authority, shall endeavour to adopt and maintain procedures providing for the expeditious release of goods admitted under this Article. To the extent possible, these procedures shall provide that when such goods accompany a national or resident of the other Party who is seeking temporary entry, the goods shall be released simultaneously with the entry of that national or resident.
1. Each Party shall, in accordance with its respective laws, rules and regulations, grant duty-free entry to commercial samples, printed advertising materials, and other goods of negligible value, imported from the territory of the other Party, regardless of their origin.
2. The amount of such negligible value shall be established in accordance with the importing Party's respective customs laws.
1. Neither Party may apply customs duty to goods, regardless of their origin, that re-enters its territory within the period specified in accordance with the customs laws of this Party after these goods have been exported from its territory to the territory of the other Party for repair or alteration, regardless of whether such repair or alteration could be performed in its territory, except that a customs duty may be applied in accordance with its customs laws to the addition resulting from the repair or alteration that was performed in the territory of the other Party.
2. Neither Party may apply customs duty to goods, regardless of their origin, imported temporarily from the territory of the other Party for repair or alteration, provided that such goods are exported from the territory of the importing Party within the period specified in accordance with the customs laws of this Party of their entry.
3. For purposes of this Article, "repair" or "alteration" means any operation or process undertaken on goods to remedy operational defects or material damage and entailing the re-establishment of the goods to their original function, or to ensure their compliance with technical requirements for their use. Repair or alteration of goods includes restorating, renovating, cleaning, resterilizing, maintenance, or other operation or process regardless of a possible increase in the value of the goods that does not:
(a) destroy a goods essential characteristics or create new or commercially different goods;
(b) transform unfinished goods into finished goods; or
(c) change the function of goods.
1. The Parties hereby establish a Subcommittee on Trade in Goods under the Joint Committee comprising representatives of each Party.
2. The Subcommittee shall meet once a year or as often as the Parties consider necessary to consider any matter arising under this Chapter.
3. The functions of the Subcommittee shall include, inter alia:
(a) monitoring the implementation and administration of this Chapter;
(b) promoting trade in goods between the Parties, including through consultations on accelerating and broadening the scope of preferential treatment or tariff elimination under this Agreement and other issues as appropriate;
(c) addressing barriers to trade in goods between the parties including those related to non-tariff measures, including import and export restrictions, which may restrict trade in goods between the Parties and, if appropriate, referring such matters to the Joint Committee for its consideration;
(d) providing advice and recommendations to the Joint Committee on cooperation needs regarding trade in goods matters;
(e) reviewing the amendments to the Harmonized System to ensure that the transposition of a Party's Schedule of Tariff Commitments, as a result of amendments to the HS, does not afford less favourable treatment to an originating good of the other Party than that set out in its Schedule in Annex 2A (Schedules of Tariff Commitments), 2B (UAE Schedules of Tariff Commitments) or 2C (EAEU Schedules of Tariff Commitments);
(f) consulting on and endeavouring to resolve any difference that may arise among the Parties on matters related to the classification of goods under the Harmonized System;
(g) reviewing data on trade in goods in relation the implementation of this Chapter;
(h) assessing matters that relate to trade in goods and undertaking any additional work that the Joint Committee may assign to it; and
(i) reviewing and monitoring any other matter related to the implementation of this Chapter.
1. "HS Code" and "Description" refer to the relevant tariff line of a Party and its corresponding description and "Base Rate" refers to the applied most-favoured-nation applied rate of customs duty in effect on 1 January 2022.
2. For the purposes of this Annex, the date of entry into force of this Agreement means the date of entry into force of this Agreement pursuant to Article 17.7 (Entry into Force).
3. The base rate of customs duty and category for determining the interim rate of customs duty at each stage of reduction for an item are specified for that item in each Party's Schedule.
4. Rates of customs duties in the interim stages shall be rounded down to the first decimal place for ad valorem customs duty and according to the following formula:
(a) in cases where the second decimal place is less than 5, the first decimal place remains unchanged (e.g. 0.04% will be rounded to 0%); and
(b) in cases where the second decimal place is equal to or more than 5, the first decimal place will be increased by one (e.g. 0,05% will be rounded to 0.1%).
5. Rates of customs duties in the interim stages shall be rounded down to the third decimal place for non-ad valorem customs duty or non-ad valorem part of customs duty rates of customs duty shall be rounded to the third decimal place (e.g. 0,0383 euro will be rounded to 0,038).
6. For the purposes of implementing equal annual stages, the following shall apply:
(a) the first stage of tariff reduction shall take place on the date of entry into force of this Agreement; and
(b) the subsequent annual reductions shall take place on 1 January of each following year.
1. The provisions of this Schedule are generally expressed in terms of the corresponding items in the Foreign Economic Activity Commodity Nomenclature of the EAEU and Common Customs Tariff of the EAEU and the interpretation of the provisions of this Schedule, including the coverage of goods, shall be governed by the General Notes, Explanatory Notes, Section Notes, Chapter Notes, Heading Notes, Subheading Notes, and the additional Notes of the said Foreign Economic Activity Commodity Nomenclature of the EAEU and Common Customs Tariff of the EAEU. To the extent that provisions of this Schedule are identical to the corresponding provisions of the Foreign Economic Activity Commodity Nomenclature of the EAEU and Common Customs Tariff of the EAEU, the provisions of this Schedule shall have the same meaning as the corresponding provisions of the said the Foreign Economic Activity Commodity Nomenclature of the EAEU and Common Customs Tariff of the EAEU.
2. Explanatory note of tariff schedule:
Definition
(a) Column "Code": the code used in the nomenclature of the Harmonized System (HS) 2022;
(b) Column "Description": description of the product falling under the heading;
(c) Column "Base Rate": the basic customs duty from which the tariff reduction and/or elimination program starts; and
(d) Column "Category": the category under which the product concerned falls for the purposes of tariff reduction and/or elimination.
3. For the purposes of Article 2.5 (Reduction or Elimination of Customs Duties), the following categories apply to the reduction or elimination of customs duties by the EAEU:
(a) E(0): customs duties shall be eliminated entirely and such goods shall be duty-free immediately on the date this Agreement enters into force;
(b) E(5): customs duties on originating goods provided for in the items in category "E(5)" in the EAEU's Schedule shall be eliminated in six equal stages, the first one taking place on the date of entry into force of this Agreement and the other five on 1 January of each successive year, and such goods shall be duty-free, effective 1 January of year six;
(c) E(7): customs duties on originating goods provided for in the items in category "E(7)" in the EAEU's Schedule shall be eliminated in eight equal stages, the first one taking place on the date of entry into force of this Agreement and the other seven on 1 January of each successive year, and such goods shall be duty-free, effective 1 January of year eight;
(d) EX: customs duties on originating goods provided for in the items in category "EX" in the EAEU's Schedule shall be excluded from any tariff commitment. Customs duties on such originating goods shall be applied in accordance with the most-favoured-nation treatment pursuant to Article 2.4 (Most-Favoured-Nation Treatment) of this Agreement as from the date of entry into force of this Agreement;
(e) TRQ: the country-specific tariff quota shall apply for originating goods provided for in the items in category "TRQ" in accordance with "List of goods subject to the tariff rate quota for importation to the customs territory of the Eurasian Economic Union from the United Arab Emirates" in this Annex;
(f) Duty-free market access on originating goods classified under the tariff lines indicated with "0 (SCM)" (Special Conditions on duty-free Market access) shall be applied from the date of entry into force of this Agreement upon the fulfilment of the special conditions indicated in Sub-Section B.1 on Special Conditions on duty-free Market access of silver, gold and platinum refined bars of this Section;
(g) Where, in some cases, the entry in the first column is preceded by an "ex", this signifies that the duty-free market access applies only to the part of that HS code. In these cases, the goods are determined both by the HS codes and by description.
1. Duty free market access shall be granted to the silver, gold and platinum refined bars, classified in tariff lines 7106 91 000 1, 7106 91 000 9, 7108 12 000 1, 7108 12 000 9, 7110 11 000 1, 7110 11 000 9, regardless of their value, quantity, weight and importing person, only if the person importing such bars has a special document issued by the authorized body of the EAEU Member State.
2. The special document shall be granted by the authorized body of the importing EAEU Member State and contains the information that is strictly necessary for the confirmation of the importer's obligation to subsequently re-refine the imported refined bars.
3. The procedures of the authorized body of the importing EAEU Member State to issue the special document shall be as simple as possible and shall be no more administratively burdensome than absolutely necessary to administer the measure and shall be neutral in application and administered in a timely, fair and equitable manner. No special document shall be refused for any reason other than the non-confirmation of the importer to re-refine the imported refined bars.
4. The special document that is used for the purpose of this Sub-Section shall be submitted to the customs authority of the importing EAEU Member State during the importation of such goods into the EAEU customs territory.
1. The provisions of this Schedule are generally expressed in terms of the corresponding items in the Unified Customs Tariff of the United Arab Emirates (Unified Customs
Tariff), and the interpretation of the provisions of this Schedule, including the coverage of goods, shall be governed by the General Notes, Explanatory Notes, Section Notes, Chapter Notes, Heading Notes, Subheading Notes, and the additional Notes of the said Unified Customs Tariff. To the extent that provisions of this Schedule are identical to the corresponding provisions of the Unified Customs Tariff, the provisions of this Schedule shall have the same meaning as the corresponding provisions of the said Unified Customs Tariff.
2. Explanatory note of tariff schedule:
Definition
(a) Column "Code": the code used in the nomenclature of the Harmonized System (HS) 2022;
(b) Column "Description": description of the product falling under the heading;
(c) Column "Base Rate": the basic customs duty from which the tariff reduction and/or elimination program starts; and
(d) Column "Category": the category under which the product concerned falls for the purposes of tariff reduction and/or elimination.
3. For the purposes of Article 2.5 (Reduction or Elimination of Customs Duties), the following categories apply to the reduction or elimination of customs duties by UAE:
(a) E(0): customs duties shall be eliminated entirely and such goods shall be duty-free immediately on the date this Agreement enters into force;
(b) E(5): customs duties on originating goods provided for in the items in category "E(5)" in UAE's Schedule shall be eliminated in six equal stages, the first one taking place on the date of entry into force of this Agreement and the other five on 1 January of each successive year, and such goods shall be duty-free, effective 1 January of year six;
(c) E(7): customs duties on originating goods provided for in the items in category "E(7)" in UAE's Schedule shall be eliminated in eight equal stages, the first one taking place on the date of entry into force of this Agreement and the other ten on 1 January of each successive year, and such goods shall be duty-free, effective 1 January of year eight;
(d) TRQ: the country-specific tariff quota shall apply for products of originating goods provided for in the items in category "TRQ" in UAE's Schedule where customs duties are zero with the in-quota duty rate being zero and the base rate of duty remaining as out-quota duty rate;
(e) EX: customs duties on originating goods provided for in the items in category "EX" in UAE's Schedule shall be excluded from any commitment;
(f) SG (Special goods): customs duties on originating goods provided for in the items in category "SG" in UAE's Schedule shall be excluded from any commitment;
(g) PG (Prohibited goods): customs duties on originating goods provided for in the items in category "PG" in UAE's Schedule shall be excluded from any commitment.
|
HS Code
|
Description
|
In Quota Amount and In Quota Bound Rate of Custom Duty
|
Out of Quota Rate of Custom Duty
|
| --- Milk and cream in solid forms, of a fat content by weight of <= 1,5%: Not containing added sugar or other sweetening matter: In immediate packaging, net weight of up to 2.5 kg | |||
| --- Milk and cream in solid forms, of a fat content by weight of <= 1,5%: Not containing added sugar or other sweetening matter: Other | |||
| --- Milk and cream in solid forms, of a fat content by weight of <= 1,5%: Other: In immediate packaging, net weight of up to 2.5 kg | |||
| --- Milk and cream in solid forms, of a fat content by weight of <= 1,5%: Other: Other | |||
| ---- Milk and cream in solid forms, of a fat content by weight of > 1,5%, unsweetened: Of a fat content, by weight, not exceeding 27%: In immediate packaging, net weight of up to 2.5 kg | |||
| ---- Milk and cream in solid forms, of a fat content by weight of > 1,5%, unsweetened: Of a fat content, by weight, not exceeding 27%: Other |
1 000 tons for the first
year, 1 500 tons for the second year, 2 000 tons for the third year and the subsequent years, 0% |
||
| ---- Milk and cream in solid forms, of a fat content by weight of > 1,5%, unsweetened: Of a fat content, by weight, exceeding 27%: In immediate packaging, net weight of up to 2.5 kg | |||
| ---- Milk and cream in solid forms, of a fat content by weight of > 1,5%, unsweetened: Of a fat content, by weight, exceeding 27%: Other |
MFN
|
||
| --- Milk and cream, concentrated but unsweetened (excl. in solid forms): Of a fat content, by weight, not exceeding 8% | |||
| --- Milk and cream, concentrated but unsweetened (excl. in solid forms): Of a fat content, by weight, exceeding 8% but not exceeding 10% | |||
| ---- Milk and cream, concentrated but unsweetened (excl. in solid forms): Of a fat content, by weight, exceeding 10% but not exceeding 45%: In immediate packaging, net weight of up to 2.5 kg | |||
| ---- Milk and cream, concentrated and sweetened (excl. in solid forms): Of a fat content, by weight, exceeding 9.5% but not exceeding 45%: In immediate packaging, net weight of up to 2.5 kg | |||
| ---- Milk and cream, concentrated and sweetened (excl. in solid forms): Of a fat content, by weight, exceeding 9.5% but not exceeding 45%: Other | |||
| ---- Milk and cream, concentrated and sweetened (excl. in solid forms): Of a fat content, by weight, exceeding 45%: In immediate packaging, net weight of up to 2.5 kg | |||
| ---- Milk and cream, concentrated and sweetened (excl. in solid forms): Of a fat content, by weight, exceeding 45%: Other | |||
| -- Polyethylene with a specific gravity of < 0,94, in primary forms: Linear polyethylene |
18 000 tons per year, 0%
|
MFN
|
|
| -- Polyethylene with a specific gravity of < 0,94, in primary forms: Other | |||
| -- Ethylene-alpha-olefin copolymers, having a specific gravity of < 0,94, in primary forms: copolymers specified in the additional note of the Eurasian Economic Union 1 to this group | |||
| -- Ethylene-alpha-olefin copolymers, having a specific gravity of < 0,94, in primary forms: Other | |||
| -- Polymers of ethylene, in primary forms (excl. polyethylene and ethylene-vinyl acetate copolymers): Ionomer resin consisting of a salt of a terpolymer of ethylene with isobutyl acrylate and methacrylic acid; A- B-A block copolymer of polystyrene, ethylene-butylene copolymer and polystyrene, containing by weight 35% or less of styrene, in one of the forms mentioned in note 6 (b) to this Chapter | |||
| -- Polymers of ethylene, in primary forms (excl. polyethylene and ethylene-vinyl acetate copolymers): Other | |||
| -- Polyethylene with a specific gravity of >= 0,94, in primary forms: Polyethylene in one of the forms mentioned in note 6(b) to this Chapter, of a specific gravity of 0.958 or more at 23 °C, containing - 50 mg/kg or less of aluminium, - 2 mg/kg or less of calcium, - 2 mg/kg or less of chromium, - 2 mg/kg or less of iron, - 2 mg/kg or less of nickel, - 2 mg/kg or less of titanium and - 8 mg/kg or less of vanadium, for the manufacture of chlorosulphonated polyethylene |
10 000 tons per year, 0%
|
MFN
|
|
| --- Polyethylene with a specific gravity of >= 0,94, in primary forms: Other: Polyethylene used to apply a three-layer anticorrosion coating on large-diameter pipes at plants5) | |||
| --- Polyethylene with a specific gravity of >= 0,94, in primary forms: Other: Other | |||
| - Polypropylene, in primary forms |
10 000 tons per year, 0%
|
MFN
|
|
| - Polyisobutylene, in primary forms | |||
| - Propylene copolymers, in primary forms | |||
| -- Polymers of propylene or of other olefins, in primary forms (excl. polypropylene, polyisobutylene and propylene copolymers): A-B-A block copolymer of polystyrene, ethylene-butylene copolymer and polystyrene, containing by weight 35% or less of styrene, in one of the forms mentioned in note 6 (b) to this Chapter | |||
| -- Polymers of propylene or of other olefins, in primary forms (excl. polypropylene, polyisobutylene and propylene copolymers): Polybut-1-ene, a copolymer of but-1-ene with ethylene containing by weight 10% or less of ethylene, or a blend of polybut-1-ene with polyethylene and/or polypropylene containing by weight 10% or less of polyethylene and/or 25% or less of polypropylene, in one of the forms mentioned in note 6 (b) to this Chapter | |||
| -- Polymers of propylene or of other olefins, in primary forms (excl. polypropylene, polyisobutylene and propylene copolymers): Other | |||
| -- Poly(vinyl chloride), in primary forms, not mixed with any other substances: Paste-forming polyvinyl chloride emulsive, microsuspension and polyvinyl chloride-extender oleoresins with maximum weight of sulphatic ashes 0.25% |
2 500 tons per year, 0%
|
MFN
|
|
| -- Poly(vinyl chloride), in primary forms, not mixed with any other substances: Other | |||
| ---- Plates, sheets, film, foil and strip, of non-cellular poly (ethylene terephthalate), not reinforced, laminated, supported or similarly combined with other materials, without backing, unworked or merely surface-worked or merely cut into squares or rectangles (excl. those of poly (methyl methacrylate), self-adhesive products, and floor, wall and ceiling coverings of heading 3918): Of a thickness not exceeding 0.35 mm: Polyethylene terephthalate) film, of a thickness of 72 micrometres or more but not exceeding 79 micrometres, for the manufacture of flexible magnetic disks; poly (ethylene terephthalate) film, of a thickness of 100 micrometres or more but not exceeding 150 micrometres, for the manufacture of photopolymer printing plates |
5 000 tons per year, 0%
|
MFN
|
|
| 3920621902 | ------ Plates, sheets, film, foil and strip, of non-cellular poly (ethylene terephthalate), not reinforced, laminated, supported or similarly combined with other materials, without backing, unworked or merely surface-worked or merely cut into squares or rectangles (excl. those of poly (methyl methacrylate), self-adhesive products, and floor, wall and ceiling coverings of heading 3918): Of a thickness not exceeding 0.35 mm: Other: Film: In rolls used to apply decorative facing on furniture by pressing5) | ||
| 3920621904 |
------ Plates, sheets, film, foil and strip, of non-cellular poly (ethylene terephthalate), not reinforced, laminated, supported or similarly combined with other materials, without backing, unworked or merely surface-worked or merely cut into squares or rectangles (excl. those of poly (methyl methacrylate), self-adhesive products, and floor, wall and ceiling coverings of heading 3918): Of a thickness not exceeding 0.35 mm: Other: Film: film consisting of a layer of polyethylene terephthalate containing carbodiimide and titanium oxide, 60 |
||
| 3920621905 | ------ Plates, sheets, film, foil and strip, of non-cellular poly (ethylene terephthalate), not reinforced, laminated, supported or similarly combined with other materials, without backing, unworked or merely surface-worked or merely cut into squares or rectangles (excl. those of poly (methyl methacrylate), self-adhesive products, and floor, wall and ceiling coverings of heading 3918): Of a thickness not exceeding 0.35 mm: Other: Film: Other | ||
| 3920621909 | ----- Plates, sheets, film, foil and strip, of non-cellular poly (ethylene terephthalate), not reinforced, laminated, supported or similarly combined with other materials, without backing, unworked or merely surface-worked or merely cut into squares or rectangles (excl. those of poly (methyl methacrylate), self-adhesive products, and floor, wall and ceiling coverings of heading 3918): Of a thickness not exceeding 0.35 mm: Other: Other | ||
| 3920629001 | ---- Plates, sheets, film, foil and strip, of non-cellular poly (ethylene terephthalate), not reinforced, laminated, supported or similarly combined with other materials, without backing, unworked or merely surface-worked or merely cut into squares or rectangles (excl. those of poly (methyl methacrylate), self-adhesive products, and floor, wall and ceiling coverings of heading 3918): Of a thickness exceeding 0.35 mm: Film in rolls used to apply decorative facing on furniture by pressing5) | ||
| 3920629009 | ---- Plates, sheets, film, foil and strip, of non-cellular poly (ethylene terephthalate), not reinforced, laminated, supported or similarly combined with other materials, without backing, unworked or merely surface-worked or merely cut into squares or rectangles (excl. those of poly (methyl methacrylate), self-adhesive products, and floor, wall and ceiling coverings of heading 3918): Of a thickness exceeding 0.35 mm: Other | ||
| -- Sacks and bags, incl. cones, of polymers of ethylene |
100 tons per year, 0%
|
MFN
|
|
| ---- Semi-finished products of iron or non-alloy steel containing, by weight, < 0,25% of carbon, of square or rectangular cross-section, the width measuring < twice the thickness: Rolled or obtained by continuous casting: Of free-cutting steel | |||
| ----- Semi-finished products of iron or non-alloy steel containing, by weight, < 0,25% of carbon, of square or rectangular cross-section, the width measuring < twice the thickness: Rolled or obtained by continuous casting: Other; Of a thickness not exceeding 130 mm | |||
| ----- Semi-finished products of iron or non-alloy steel containing, by weight, < 0,25% of carbon, of square or rectangular cross-section, the width measuring < twice the thickness: Rolled or obtained by continuous casting: Other: Of a thickness exceeding 130 mm | |||
| --- Semi-finished products of iron or non-alloy steel containing, by weight, < 0,25% of carbon, of square or rectangular cross-section, the width measuring < twice the thickness: Forged | |||
| ---- Semi-finished products of iron or non-alloy steel containing, by weight, >= 0,25% of carbon: Of rectangular (including square) cross-section, the width measuring less than twice the thickness: Rolled or obtained by continuous casting: Of free-cutting steel | |||
| ----- Semi-finished products of iron or non-alloy steel containing, by weight, >= 0,25% of carbon: Of rectangular (including square) cross-section, the width measuring less than twice the thickness: Rolled or obtained by continuous casting: Other, containing by weight: 0.25% or more but less than 0.6% of carbon |
1 000 tons per year, 0%
|
MFN
|
|
| ----- Semi-finished products of iron or non-alloy steel containing, by weight, >= 0,25% of carbon: Of rectangular (including square) cross-section, the width measuring less than twice the thickness: Rolled or obtained by continuous casting: Other, containing by weight: 0.6% or more of carbon | |||
| --- Semi-finished products of iron or non-alloy steel containing, by weight, 0,25% of carbon: Of rectangular (including square) cross-section, the width measuring less than twice the thickness: Forged | |||
| --- Semi-finished products of iron or non-alloy steel containing, by weight, >= 0,25% of carbon: of rectangular (other than square) cross-section, other: Rolled or obtained by continuous casting | |||
| --- Semi-finished products of iron or non-alloy steel containing, by weight, >= 0,25% of carbon: of rectangular (other than square) cross-section, other: Forged | |||
| --- Semi-finished products of iron or non-alloy steel containing, by weight, >= 0,25% of carbon: Of circular or polygonal cross-section: Rolled or obtained by continuous casting | |||
| --- Semi-finished products of iron or non-alloy steel containing, by weight, >= 0,25% of carbon: Of circular or polygonal cross-section: Forged | |||
| -- Semi-finished products of iron or non-alloy steel containing, by weight, >= 0,25% of carbon: Other | |||
| -- Flat-rolled products of iron or non-alloy steel, of a width of >= 600 mm, in coils, simply hot-rolled, not clad, plated or coated, of a thickness of < 3 mm, not pickled, without patterns in relief |
12 600 tons per year, 0%
|
MFN
|
|
| -- Flat products of iron or non-alloy steel, of a width of >= 600 mm, hot-rolled or cold-rolled (cold-reduced), painted, varnished or coated with plastics: Tinplate, varnished; products, plated or coated with chromium oxides or with chromium and chromium oxides, varnished | |||
| -- Flat products of iron or non-alloy steel, of a width of >= 600 mm, hot-rolled or cold-rolled (cold-reduced), painted, varnished or coated with plastics: Other | |||
| --- Bars and rods, hot-rolled, in irregularly wound coils, of iron or non-alloy steel, of circular cross-section measuring <14 mm in diameter (excl. bars and rods of free-cutting steel, and bars and rods with indentations, ribs, grooves or other deformations produced during the rolling process): Of a type used for concrete reinforcement | |||
| --- Bars and rods, hot-rolled, in irregularly wound coils, of iron or non-alloy steel, of circular cross-section measuring < 14 mm in diameter (excl. bars and rods of free-cutting steel, and bars and rods with indentations, ribs, grooves or other deformations produced during the rolling process): Of a type used for tyre cord | |||
| ---- Bars and rods, hot-rolled, in irregularly wound coils, of iron or non-alloy steel, of circular cross-section measuring <14 mm in diameter (excl. bars and rods of free-cutting steel, and bars and rods with indentations, ribs, grooves or other deformations produced during the rolling process): Other: Containing by weight 0.06% or less of carbon | |||
| ---- Bars and rods, hot-rolled, in irregularly wound coils, of iron or non-alloy steel, of circular cross-section measuring <14 mm in diameter (excl. bars and rods of free-cutting steel, and bars and rods with indentations, ribs, grooves or other deformations produced during the rolling process): Other: Containing by weight more than 0.06% but less than 0.25% of carbon |
21 390 tons per year, 0%
|
MFN
|
|
| ---- Bars and rods, hot-rolled, in irregularly wound coils, of iron or non-alloy steel, of circular cross-section measuring <14 mm in diameter (excl. bars and rods of free-cutting steel, and bars and rods with indentations, ribs, grooves or other deformations produced during the rolling process): Other: Containing by weight 0.25% or more but not more than 0.75% of carbon | |||
| ---- Bars and rods, hot-rolled, in irregularly wound coils, of iron or non-alloy steel, of circular cross-section measuring < 14 mm in diameter (excl. bars and rods of free-cutting steel, and bars and rods with indentations, ribs, grooves or other deformations produced during the rolling process): Other: Containing by weight more than 0.75% of carbon | |||
| - Bars and rods, of iron or non-alloy steel, with indentations, ribs, groves or other deformations produced during the rolling process | |||
| --- Stranded wire, ropes and cables, of iron or steel (excl. electrically insulated products and twisted fencing wire and barbed wire): Of stainless steel: Other | |||
| 7312104109 | ----- Stranded wire, ropes and cables, of iron or steel (excl. electrically insulated products and twisted fencing wire and barbed wire): Other, with a maximum cross-sectional dimension: Not exceeding 3 mm: Plated or coated with copper-zinc alloys (brass): Other | ||
| 7312104909 | ----- Stranded wire, ropes and cables, of iron or steel (excl. electrically insulated products and twisted fencing wire and barbed wire): Other, with a maximum cross- sectional dimension: Not exceeding 3 mm: Other: Other | ||
| 7312106109 | ------ Stranded wire, ropes and cables, of iron or steel (excl. electrically insulated products and twisted fencing wire and barbed wire): Other, with a maximum cross-sectional dimension: Exceeding 3 mm: Stranded wire: Not coated: Other | ||
| 7312106500 | ------ Stranded wire, ropes and cables, of iron or steel (excl. electrically insulated products and twisted fencing wire and barbed wire): Other, with a maximum cross-sectional dimension: Exceeding 3 mm: Stranded wire: Coated: Plated or coated with zinc | ||
| 7312108101 | ------- Stranded wire, ropes and cables, of iron or steel (excl. electrically insulated products and twisted fencing wire and barbed wire): Other, with a maximum cross-sectional dimension: Exceeding 3 mm: Ropes and cables (including locked coil ropes): Not coated or only plated or coated with zinc, with a maximum cross-sectional dimension: Exceeding 3 mm, but not exceeding 12 mm: Not coated | ||
| 7312108108 | -------- Stranded wire, ropes and cables, of iron or steel (excl. electrically insulated products and twisted fencing wire and barbed wire): Other, with a maximum cross-sectional dimension: Exceeding 3 mm: Ropes and cables (including locked coil ropes): Not coated or only plated or coated with zinc, with a maximum cross-sectional dimension: Exceeding 3 mm, but not exceeding 12 mm: Other: Other | ||
| 7312108301 | ------- Stranded wire, ropes and cables, of iron or steel (excl. electrically insulated products and twisted fencing wire and barbed wire): Other, with a maximum cross-sectional dimension: Exceeding 3 mm: Ropes and cables (including locked coil ropes): Not coated or only plated or coated with zinc, with a maximum cross-sectional dimension: Exceeding 12 mm, but not exceeding 24 mm: Not coated | ||
| 7312108308 | -------- Stranded wire, ropes and cables, of iron or steel (excl. electrically insulated products and twisted fencing wire and barbed wire): Other, with a maximum cross-sectional dimension: Exceeding 3 mm: Ropes and cables (including locked coil ropes): Not coated or only plated or coated with zinc, with a maximum cross-sectional dimension: Exceeding 12 mm, but not exceeding 24 mm: Other: Other | ||
| 7312108501 | ------- Stranded wire, ropes and cables, of iron or steel (excl. electrically insulated products and twisted fencing wire and barbed wire); Other, with a maximum cross-sectional dimension: Exceeding 3 mm: Ropes and cables (including locked coil ropes): Not coated or only plated or coated with zinc, with a maximum cross-sectional dimension: Exceeding 24 mm, but not exceeding 48 mm: Not coated | ||
| 7312108508 | -------- Stranded wire, ropes and cables, of iron or steel (excl. electrically insulated products and twisted fencing wire and barbed wire): Other, with a maximum cross-sectional dimension: Exceeding 3 mm: Ropes and cables (including locked coil ropes): Not coated or only plated or coated with zinc, with a maximum cross-sectional dimension: Exceeding 24 mm, but not exceeding 48 mm: Other: Other | ||
| ------- Stranded wire, ropes and cables, of iron or steel (excl. electrically insulated products and twisted fencing wire and barbed wire): Other, with a maximum cross-sectional dimension: Exceeding 3 mm: Ropes and cables (including locked coil ropes): Not coated or only plated or coated with zinc, with a maximum cross-sectional dimension: Exceeding 48 mm: Not coated | |||
| -------- Stranded wire, ropes and cables, of iron or steel (excl. electrically insulated products and twisted fencing wire and barbed wire): Other, with a maximum cross-sectional dimension: Exceeding 3 mm: Ropes and cables (including locked coil ropes): Not coated or only plated or coated with zinc, with a maximum cross-sectional dimension: Exceeding 48 mm: Other: Other | |||
| ------ Stranded wire, ropes and cables, of iron or steel (excl. electrically insulated products and twisted fencing wire and barbed wire): Other, with a maximum cross-sectional dimension: Exceeding 3 mm: Ropes and cables (including locked coil ropes): Other: Other | |||
| - Articles of non-malleable cast iron, n.e.s. | |||
| --- Cast articles of iron or steel, n.e.s. (excl. articles of non-malleable cast iron, and grinding balls and similar articles for mills): Of malleable cast iron | |||
| ---- Cast articles of iron or steel, n.e.s. (excl. articles of non-malleable cast iron, and grinding balls and similar articles for mills): Other: Other | |||
| -- Articles of iron or steel, n.e.s. (excl. cast articles or articles of iron or steel wire): Ladders and steps | |||
| -- Articles of iron or steel, n.e.s. (excl. cast articles or articles of iron or steel wire): Pallets and similar platforms for handling goods | |||
| -- Articles of iron or steel, n.e.s. (excl. cast articles or articles of iron or steel wire): Reels for cables, piping and the like | |||
| -- Articles of iron or steel, n.e.s. (excl. cast articles or articles of iron or steel wire): Non-mechanical ventilators, guttering, hooks and like articles used in the building industry | |||
| ---- Articles of iron or steel, n.e.s. (excl. cast articles or articles of iron or steel wire): Other ferrous metal products: Forged: For use on civil aircraft5) | |||
| ----- Articles of iron or steel, n.e.s. (excl. cast articles or articles of iron or steel wire): Other ferrous metal products: Forged: Other: Snuff boxes, cigar or cigarette cases, powder boxes, toilet boxes and similar articles of a kind normally carried in the pocket | |||
| ----- Articles of iron or steel, n.e.s. (excl. cast articles or articles of iron or steel wire): Other ferrous metal products: Forged: Other: Perforated shutters and similar articles made of sheet used to filter water entering the drainage system | |||
| ----- Articles of iron or steel, n.e.s. (excl. cast articles or articles of iron or steel wire): Other ferrous metal products: Forged: Other: Other | |||
| ---- Articles of iron or steel, n.e.s. (excl. cast articles or articles of iron or steel wire): Other ferrous metal products: Stamped: For use on civil aircraft5) | |||
| ---- Articles of iron or steel, n.e.s. (excl. cast articles or articles of iron or steel wire): Other ferrous metal products: Stamped: Other | |||
| --- Articles of iron or steel, n.e.s. (excl. cast articles or articles of iron or steel wire): Other ferrous metal products: Sintered | |||
| ---- Articles of iron or steel, n.e.s. (excl. cast articles or articles of iron or steel wire): Other ferrous metal products: Other: For the industrial assembly of motor vehicles of headings 8701 to 8705, their assemblies and units5) | |||
| ---- Articles of iron or steel, n.e.s. (excl. cast articles or articles of iron or steel wire): Other ferrous metal products: Other: For the manufacture of aircraft engines and/or civil aircraft5) | |||
| ----- Articles of iron or steel, n.e.s. (excl. cast articles or articles of iron or steel wire): Other ferrous metal products: Other: Other: Snuff boxes, cigar or cigarette cases, powder boxes, toilet boxes and similar articles of a kind normally carried in the pocket | |||
| ----- Articles of iron or steel, n.e.s. (excl. cast articles or articles of iron or steel wire): Other ferrous metal products: Other: Other: Perforated shutters and similar articles made of sheet used to filter water entering the drainage system | |||
| ----- Articles of iron or steel, n.e.s. (excl. cast articles or articles of iron or steel wire); Other ferrous metal products: Other: Other: Other | |||
| ---- Line pipe of a kind used for oil or gas pipelines, seamless, of iron or steel (excl. products of stainless steel or of cast iron): Of an external diameter not exceeding 168.3 mm: Designed to operate in an environment containing hydrogen sulphide (H2S)1) | |||
| ---- Line pipe of a kind used for oil or gas pipelines, seamless, of iron or steel (excl. products of stainless steel or of cast iron): Of an external diameter not exceeding 168.3 mm: Of steel with impact hardness of 2.5 kg(f) · m/cm2 and more at test temperature not exceeding -40 °C, used to produce joints for gas pipelines1) | |||
| ---- Line pipe of a kind used for oil or gas pipelines, seamless, of iron or steel (excl. products of stainless steel or of cast iron): Of an external diameter not exceeding 168.3 mm: Other | |||
| ---- Line pipe of a kind used for oil or gas pipelines, seamless, of iron or steel (excl. products of stainless steel or of cast iron): Of an external diameter exceeding 168.3 mm, but not exceeding 406.4 mm: Designed to operate in an environment containing hydrogen sulphide (H2S)1) |
19 600 tons per year, 0%
|
MFN
|
|
| ---- Line pipe of a kind used for oil or gas pipelines, seamless, of iron or steel (excl. products of stainless steel or of cast iron): Of an external diameter exceeding 168.3 mm, but not exceeding 406.4 mm: Of steel with impact hardness of 2.5 kg(f) · m/cm2 and more at test temperature not exceeding -40 °C, used to produce joints for gas pipelines1) | |||
| ---- Line pipe of a kind used for oil or gas pipelines, seamless, of iron or steel (excl. products of stainless steel or of cast iron): Of an external diameter exceeding 168.3 mm, but not exceeding 406.4 mm: Other | |||
| ---- Line pipe of a kind used for oil or gas pipelines, seamless, of iron or steel (excl. products of stainless steel or of cast iron): Of an external diameter exceeding 406.4 mm: Designed to operate in an environment containing hydrogen sulphide (H2S)1) | |||
| ---- Line pipe of a kind used for oil or gas pipelines, seamless, of iron or steel (excl. products of stainless steel or of cast iron): Of an external diameter exceeding 406.4 mm: Of steel with impact hardness of 2.5 kg(f) · m/cm2 and more at test temperature not exceeding -40 °C, used to produce joints for gas pipelines1) | |||
| ---- Line pipe of a land used for oil or gas pipelines, seamless, of iron or steel (excl. products of stainless steel or of cast iron): Of an external diameter exceeding 406.4 mm: Other | |||
| --- Drill pipe, seamless, of a kind used in drilling for oil or gas, of iron or steel (excl. products of stainless steel or of cast iron): Of steel with the minimum yield strength of 724 MPa and more1) | |||
| --- Drill pipe, seamless, of a kind used in drilling for oil or gas, of iron or steel (excl. products of stainless steel or of cast iron): Designed to operate in an environment containing hydrogen sulphide (H2S), of steel with the minimum yield strength of 655 MPa and more, with threaded tool joints1) | |||
| --- Drill pipe, seamless, of a kind used in drilling for oil or gas, of iron or steel (excl. products of stainless steel or of cast iron): Other | |||
| ---- Casing and tubing, seamless, of iron or steel, of a kind used in drilling for oil or gas (excl. products of cast iron): Of an external diameter not exceeding 168.3 mm: Casing and tubing, of steel with the minimum yield strength of 758 MPa and more1) | |||
| ---- Casing and tubing, seamless, of iron or steel, of a kind used in drilling for oil or gas (excl. products of cast iron): Of an external diameter not exceeding 168.3 mm: Casing and tubing, designed to operate in an environment containing hydrogen sulphide (H2S), of steel with the minimum yield strength of 517 MPa and more, with leakproof threaded tool joints1) | |||
| ---- Casing and tubing, seamless, of iron or steel, of a kind used in drilling for oil or gas (excl. products of cast iron): Of an external diameter not exceeding 168.3 mm: Casing pipes with streamlined joints | |||
| ---- Casing and tubing, seamless, of iron or steel, of a kind used in drilling for oil or gas (excl. products of cast iron): Of an external diameter not exceeding 168.3 min: Other | |||
| ---- Casing and tubing, seamless, of iron or steel, of a kind used in drilling for oil or gas (excl. products of cast iron): Of an external diameter exceeding 168.3 mm, but not exceeding 406.4 mm: Casing and tubing, of steel with the minimum yield strength of 758 MPa and more1) | |||
| ---- Casing and tubing, seamless, of iron or steel, of a kind used in drilling for oil or gas (excl. products of cast iron): Of an external diameter exceeding 168.3 mm, but not exceeding 406.4 mm: Casing and tubing, designed to operate in an environment containing hydrogen sulphide (H2S), of steel with the minimum yield strength of 517 MPa and more, with leakproof threaded tool joints1) | |||
| ----- Casing and tubing, seamless, of iron or steel, of a kind used in drilling for oil or gas (excl. products of cast iron): Of an external diameter exceeding 168.3 mm, but not exceeding 406.4 mm: Casing pipes with streamlined joints | |||
| ---- Casing and tubing, seamless, of iron or steel, of a kind used in drilling for oil or gas (excl. products of cast iron): Of an external diameter exceeding 168.3 mm, but not exceeding 406.4 mm: Casing pipes of an external diameter of 339.7 mm | |||
| ---- Casing and tubing, seamless, of iron or steel, of a kind used in drilling for oil or gas (excl. products of cast iron): Of an external diameter exceeding 168.3 mm, but not exceeding 406.4 mm: Other | |||
| ---- Casing and tubing, seamless, of iron or steel, of a kind used in drilling for oil or gas (excl. products of cast iron): Of an external diameter exceeding 406.4 mm: Casing pipes of an external diameter of 508 mm or more | |||
| ---- Casing and tubing, seamless, of iron or steel, of a kind used in drilling for oil or gas (excl. products of cast iron): Of an external diameter exceeding 406.4 mm: Other | |||
| -- Line pipe of a kind used for oil or gas pipelines, having circular cross-sections and an external diameter of > 406,4 mm, of iron or steel, longitudinally arc welded (excl. products longitudinally submerged arc welded) | |||
| -- Line pipe of a kind used for oil or gas pipelines, having circular cross-sections and an external diameter of > 406,4 mm, of flat-rolled products of iron or steel (excl. products longitudinally arc welded) | |||
| -- Tubes and pipes having circular cross-sections and an external diameter of > 406,4 mm, of iron or steel, longitudinally welded (excl. products of a land used for oil or gas pipelines or of a kind used in drilling for oil or gas) | |||
| - Tubes and pipes having circular cross-sections and an external diameter of > 406,4 mm, of flat-rolled products of iron or steel, welded (excl. welded products or products of a kind used for oil or gas pipelines or of a kind used in drilling for oil or gas) | |||
| --- Structures and parts of structures, of iron or steel, n.e.s. (excl. bridges and bridge-sections, towers and lattice masts, doors and windows and their frames, thresholds for doors, props and similar equipment for scaffolding, shuttering, propping or pit-propping): Solely or principally of sheet: Panels comprising two walls of profiled (ribbed) sheet with an insulating core | |||
| --- Structures and parts of structures, of iron or steel, n.e.s. (excl. bridges and bridge-sections, towers and lattice masts, doors and windows and their frames, thresholds for doors, props and similar equipment for scaffolding, shuttering, propping or pit-propping): Solely or principally of sheet: Other |
8 000 tons per year, 0%
|
MFN
|
|
| --- Structures and parts of structures, of iron or steel, n.e.s. (excl. bridges and bridge-sections, towers and lattice masts, doors and windows and their frames, thresholds for doors, props and similar equipment for scaffolding, shuttering, propping or pit-propping): Other: Weirs, water gates, lock-gates, landing stages, fixed docks and other structures for marine and shipping facilities | |||
| --- Structures and parts of structures, of iron or steel, n.e.s. (excl. bridges and bridge-sections, towers and lattice masts, doors and windows and their frames, thresholds for doors, props and similar equipment for scaffolding, shuttering, propping or pit-propping): Other: Other | |||
| ---- Bars, rods and solid profiles, of aluminium alloys, n.e.s.: Bars and rods: Other | |||
| --- Bars, rods and solid profiles, of aluminium alloys, n.e.s.: Profiles | |||
| ---- Plates, sheets and strip, of aluminium alloys, of a thickness of > 0,2 mm, square or rectangular (excl. expanded plates, sheets and strip): Painted, varnished or coated with plastics: Strip for Venetian blinds | |||
| ----- Plates, sheets and strip, of aluminium alloys, of a thickness of > 0,2 mm, square or rectangular (excl. expanded plates, sheets and strip): Painted, varnished or coated with plastics: Other: Sandwich panels | |||
| ----- Plates, sheets and strip, of aluminium alloys, of a thickness of > 0,2 mm, square or rectangular (excl. expanded plates, sheets and strip): Painted, varnished or coated with plastics: Other: with a thickness of not more than 0.35 mm, with a tensile strength of not less than 345 MPa, in rolls with a width of not less than 30 mm, but not more than 2000 mm | |||
| ----- Plates, sheets and strip, of aluminium alloys, of a thickness of > 0,2 mm, square or rectangular (excl. expanded plates, sheets and strip): Painted, varnished or coated with plastics: Other: Other | |||
| ----- Plates, sheets and strip, of aluminium alloys, of a thickness of > 0,2 mm, square or rectangular (excl. expanded plates, sheets and strip): Other, of a thickness of: Less than 3 mm: Strip for Venetian blinds | |||
| ------ Plates, sheets and strip, of aluminium alloys, of a thickness of > 0,2 mm, square or rectangular (excl. expanded plates, sheets and strip): Other, of a thickness of: Less than 3 mm: Other: with a thickness of not more than 0.4 mm, with a tensile strength of not less than 262 MPa, in rolls with a width of not less than 1000 mm, but not more than 2000 mm |
3 850 tons per year, 0%
|
MFN
|
|
| ------ Plates, sheets and strip, of aluminium alloys, of a thickness of > 0,2 mm, square or rectangular (excl. expanded plates, sheets and strip): Other, of a thickness of: Less than 3 mm: Other: Other | |||
| ----- Plates, sheets and strip, of aluminium alloys, of a thickness of > 0,2 mm, square or rectangular (excl. expanded plates, sheets and strip): Other, of a thickness of: Not less than 3 mm, but less than 6 mm: Other | |||
| ---- Plates, sheets and strip, of aluminium alloys, of a thickness of > 0,2 mm, square or rectangular (excl. expanded plates, sheets and strip): Other, of a thickness of: Not less than 6 mm | |||
| - Doors, windows and their frames and thresholds for door, of aluminium (excl. door furniture) | |||
| -- Structures and parts of structures, of aluminium, n.e.s., and plates, rods, profiles, tubes and the like, prepared for use in structures, of aluminium, n.e.s. (excl. prefabricated buildings of heading 9406, doors and windows and their frames and thresholds for doors): Bridges and bridge-sections, towers and lattice masts | |||
| -- Structures and parts of structures, of aluminium, n.e.s., and plates, rods, profiles, tubes and the like, prepared for use in structures, of aluminium, n.e.s. (excl. prefabricated buildings of heading 9406, doors and windows and their frames and thresholds for doors): Other | |||
| ----- Articles of aluminium, n.e.s.: Cast: Radiators for central heating with non-electric heating and parts thereof: Bimetallic radiators | |||
| 7616991003 | ----- Articles of aluminium, n.e.s.: Cast: Radiators for central heating with non-electric heating and parts thereof: Other radiators | ||
| 7616991004 | ----- Articles of aluminium, n.e.s.: Cast: Radiators for central heating with non-electric heating and parts thereof: Parts | ||
| 7616991008 | ---- Articles of aluminium, n.e.s.: Cast: Other | ||
| 7616999008 | ---- Articles of aluminium, n.e.s.: Other: Other |
For the purposes of this Chapter:
aquaculture refers to the farming of aquatic organisms including fish, molluscs, crustaceans, other aquatic invertebrates and aquatic plants, from seedstock such as eggs, fry, fingerlings and larvae, by intervention in the rearing or growth processes to enhance production, such as, inter alia, regular stocking, feeding, protection from predators;
customs value refers to the value as defined in Article 2.10 (Customs Valuation);
authorised body refers to the body or authority designated by a Party to issue a Certificate of Origin under this Agreement;
consignment refers to the goods which are sent simultaneously from one consignor to one consignee and covered by one or more transport documents covering their shipment from the consignor to the consignee;
customs authority refers to the authority as defined in Article 4.1 (Definitions);
generally accepted accounting principles refers to the recognised consensus or substantial authoritative support in the territory of a Party, with respect to the recording of revenues, expenses, costs, assets, and liabilities, the disclosure of information and the preparation of financial statements. These standards may encompass broad guidelines of general application as well as detailed standards, practices and procedures;
goods refers to any merchandise, product or materials;
material refers to any ingredient, raw material, compound or part, etc., used in the production of goods;
non-originating goods or non-originating materials refers to goods or materials that do not qualify as originating under this Chapter and (or) goods or materials of undetermined origin;
originating goods or originating materials refers to goods or materials that qualify as originating under this Chapter;
producer refers to a person who carries out production in the territory of a Party;
production refers to methods of obtaining goods including growing, raising, mining, harvesting, breeding, extracting, gathering, fishing, aquaculture, trapping, hunting, manufacturing, processing, assembling of goods; and
verification authority refers to the governmental authority designated by a Party to conduct verification procedures.
The Rules of Origin provided for in this Chapter shall be applied only for the purposes of granting preferential tariff treatment for originating goods in accordance with this Agreement.
For the purpose of implementing this Agreement, goods shall be considered as originating in territory of a Party, if:
(a) goods are wholly obtained or produced there according to Article 3.4; or
(b) goods are not wholly obtained or produced entirely there, provided that the goods have undergone sufficient transformation according to Article 3.5; or
(c) goods are produced entirely there exclusively from originating materials of any of the Parties;
and the goods satisfied all other applicable requirements of this Chapter.
For the purposes of paragraph (a) of Article 3.3, the following goods shall be deemed to be wholly obtained or produced in the territory of a Party:
(a) plant, fungi and plant products grown, collected or harvested there;
(b) live animals born and raised there;
(c) products obtained from live animals there;
(d) products from slaughtered animals born and raised there;
(e) mineral product and natural resources extracted or taken from that Party's air, soil, subsoil, waters, seabed, or beneath the seabed;
(f) product obtained from hunting, trapping, collecting, capturing, fishing, or aquaculture conducted there;
(g) product of sea fishing and other marine products taken from outside the territorial waters of the Party by a vessel registered, recorded, listed, or licensed with a Party and flying its flag;
(h) products produced exclusively from products referred to in subparagraph (g) on board a factory ship registered recorded, listed, or licensed with a Party and flying its flag;
(i) product, other than products of sea fishing and other marine products, taken, or extracted from the seabed, ocean floor, or the subsoil outside the territorial waters of a Party, provided that the Party or Person has the right to exploit such seabed, ocean floor, or subsoil in accordance to international law;
(j) used goods collected there provided that such goods are fit only for the recovery of raw materials;
(k) waste or scrap resulting from utilization, consumption, or manufacturing operations conducted there;
(l) products produced in outer space on board a spacecraft provided that the same spacecraft is registered in a Party; and
(m) product produced or obtained there exclusively from product referred to in subparagraphs (a) through (l), or from their derivatives, at any stage of production.
1. For the purposes of paragraph (b) of Article 3.3, goods shall be deemed to be originating if the goods satisfy any of the following:
(a) a Change in Tariff Heading, which means that all non-originating materials used in the production of the goods have undergone a change in HS tariff classification at the 4-digit level; or
(b) a Qualifying Value Content which means that percentage of value added content reached in the production of the goods is not less than 40 percent of the ex-works price; or
(c) notwithstanding subparagraphs (a) and (b), if the goods are listed in Annex 3А (Product Specific Rules), then the goods shall fulfil the specific rules detailed therein.
2. For the purposes of paragraph 1, the Qualifying Value Content shall be calculated as follows:
where:
QVC means the qualifying value content of goods expressed as a percentage;
ex-works price means the price paid for the goods ex-works to the producer in the Party in whose undertaking the last working or processing is carried out, provided the price includes the value of all the materials used, minus any internal taxes which are, or may be, repaid when the goods obtained are exported;
VNM means the customs value of the non-originating materials at the time of importation or if the customs value is not known or cannot be ascertained, the earliest ascertained price paid or payable in the Party where the production takes place for all non-originating materials, parts or produce that are acquired by the producer in the production of the goods. When the producer of goods acquires non-originating materials within that Party the value of such materials shall not include freight, insurance, packing costs, and any other costs incurred in transporting the material from the supplier's warehouse to the producer's location.
For non-originating materials that undergo sufficient production in the territory of a Party as provided in Article 3.5, the resulting goods shall be considered as originating and no account shall be taken of the non-originating materials contained therein when those goods are used in the subsequent production of other goods.
1. Without prejudice to Article 3.3, the goods originating in a Party, which are used as materials in the production of final goods in another Party, shall be considered as originating in that Party, where the last operations other than those referred to in Article 3.9 have been carried out. The origin of the goods used as materials in the production of the final goods shall be confirmed to the authorised body of the exporting Party of such final goods by documentary evidence (such as Proof of Origin or any other documents).
2. The Parties may agree to review this Article with a view to explore the application of the concept of accumulation between the Parties and non-Parties should there be a free trade agreement between each of the Parties and the non-Party.
1. Notwithstanding Article 3.5, goods will be considered to have undergone a change in tariff classification, if the value of all non-originating materials that are used in the production of the goods and that do not undergo the applicable change in tariff classification does not exceed 10 <*> percent of the ex-works price of the goods.
--------------------------------
<*> The Parties may consider a review of the percentage of tolerance after two years from the date of entry into force of this Agreement. Any arrangement reached following the mentioned considerations shall subsequently be implemented in accordance with Article 17.2 (Amendments).
2. The value of non-originating materials referred to in paragraph 1 shall be included in the value of the non-originating materials for any applicable qualifying value content of the goods.
1. Whether or not the requirements of Article 3.5 are satisfied, goods shall not be considered to be originating in the territory of a Party if the following operations are undertaken exclusively by itself or in combination with each other in the territory of that Party:
(a) slaughter of animals, sorting of meat;
(b) operations to ensure the preservation of products in good condition during transport and storage such as drying, ventilation, chilling, and like operations;
(c) freezing or thawing;
(d) sifting, classifying or sorting, screening, washing, cutting, slitting, bending, coiling or uncoiling, sharpening, grinding, slicing;
(e) cleaning, including removal of oxide, oil, paint, dust, or other coverings;
(f) colouring, polishing, varnishing, or oiling operations;
(g) ironing or pressing of textiles;
(h) testing or calibration;
(i) placing in bottles, cans, flasks, bags, cases, boxes, fixing on cards or boards, and all other packaging operations;
(j) mixing of goods, whether or not of different kinds which does not lead to a sufficient difference of a product from the original components;
(k) simple assembly of parts of products to constitute a complete article or disassembly of products into parts;
(l) changes of packing, unpacking or repacking operations, and breaking up and assembly of packages;
(m) affixing or printing marks, labels, logos, and other like distinguishing signs on goods or their packaging;
(n) husking, partial or total bleaching, polishing, and glazing of cereals and rice;
(o) operations to colour sugar or form sugar lumps;
(p) peeling and removal of stones and shells from fruits, nuts, and vegetables; and
(q) dilution with water or another substance that does not materially alter the characteristics of the goods.
2. For the purposes of paragraph 1, the term "simple" will be defined as an activity which does not need special skills, machines, apparatus, or equipment especially produced or installed for carrying out the activity.
In order to determine whether goods originate, the origin of the following material used in the production of goods shall be disregarded:
(a) energy and fuel;
(b) plant and equipment;
(c) machines and tools;
(d) spare parts and materials used in the maintenance of equipment;
(e) equipment, devices, supplies used for testing or inspecting the goods; and
(f) any other materials which are used in the production, testing, or inspection of goods and do not enter into and which are not intended to enter into the final composition of the goods.
1. Accessories, spare parts, tools, and instructional or other information materials delivered with goods that form part of the goods' standard accessories, spare parts, tools, and instructional or other information materials shall be regarded as a part of the goods, and shall be disregarded in determining whether or not all the non-originating materials used in the production of the originating goods undergo the applicable change in tariff classification or whether the goods are wholly obtained provided that:
(a) the accessories, spare parts, tools, and instructional or other information materials are classified with and not invoiced separately from the goods; and
(b) the type, quantities and value of the accessories, spare parts, tools, and instructional or other information materials presented with the goods are customary for the goods.
2. Notwithstanding paragraph 1, if the goods are subject to qualifying value content requirement, the value of the accessories, spare parts, tools and instructional or other information materials shall be taken into account as originating or non-originating materials, as the case may be, in calculating the qualifying value content of the goods.
1. Each Party shall provide that packaging materials and containers in which goods are packaged for retail sale, if classified with the goods, according to Rule 5 of the General rules for the interpretation of the Harmonized System, shall be disregarded in determining whether all the non-originating materials used in the production of the goods undergo the applicable change in tariff classification or whether the goods are wholly obtained.
2. Notwithstanding paragraph 1, if the goods are subject to qualifying value content requirement, the value of such packaging materials and containers shall be taken into account as originating or non-originating materials, as the case may be, in calculating the qualifying value content of the goods.
Each Party shall provide that packing materials and containers for shipment of goods are disregarded in determining whether the goods are originating.
1. Each Party shall provide that the determination of whether fungible goods or materials are originating shall be made through physical segregation of each of the goods or materials, or, in case of any difficulty arises in keeping separate stocks of originating and non-originating materials, through the use of any inventory management method, such as averaging, last-in, first-out, or first-in, first out, recognised in the generally accepted accounting principles of the Party in which the production is performed, or otherwise accepted by the Party in which the production is performed.
2. Each Party shall provide that an inventory management method selected under paragraph 1 for particular fungible goods or materials shall continue to be used for those fungible goods or materials throughout the fiscal year by the person of the Party that selected the inventory management method.
Sets, as defined in Rule 3 of the General Rules for the interpretation of the Harmonized System, shall be regarded as originating when all component goods are originating. However, when a set is composed of originating and non-originating goods, the set as a whole shall be regarded as originating, provided that the value of non-originating goods does not exceed 15 percent of the ex-works price of the set.
1. The conditions for acquiring origin set out in Article 3.3 must be fulfilled without interruption in the territory of the Party.
2. Where originating goods exported from the territory of a Party to a non-Party, return to the exporting Party, they must be considered as non-originating, unless it can be demonstrated to the satisfaction of the customs authorities and (or) authorised bodies that:
(a) the returning goods are the same as those exported; and
(b) the returning goods have not undergone any operation beyond that necessary to preserve them in good condition while in that non-Party or while being exported.
1. Each Party shall provide that originating goods retain their origin if the goods have been transported directly to the importing Party without passing through the territory of a non-Party.
2. Notwithstanding paragraph 1, each Party shall provide that originating goods retain their origin if they are transited or stored in a temporary warehousing through one or more intermediate non-Parties, provided that the goods:
(a) remained under customs control in the territory of a non-Party;
(b) have not entered into trade or consumption there; and
(c) have not undergone any operation there other than unloading, reloading, repackaging, affixing marks or labelling, storing, split from bulk or any operation required to keep them in good condition.
3. In order to confirm that the conditions set out in paragraph 2 have been fulfilled, one of the following documentary evidence may be used:
(a) the transport documents covering the passage from the territory of one Party to the territory of the other Party and containing description of the goods and, where applicable and taking into consideration transportation conditions, the names of the ships or other means of transport used and the containers' numbers; or
(b) the documents issued by the customs authorities of the non-Parties where the goods were in transit, or other commercial documents that contain description of the goods and confirm that the goods have not been altered or processed within its territory, as provided for in subparagraph (c) of paragraph 2.
4. In addition to the documents referred to in paragraph 3 any other supporting documents proving the transit and transshipment requirements may be submitted.
1. The Parties shall take all necessary steps to ensure that originating goods traded under cover of a Proof of Origin which in the course of transport use a free zone situated in their territory, are not substituted by other goods and do not undergo handling other than normal operations designed to prevent their deterioration.
2. Goods produced in a free zone situated within a Party shall be considered as originating goods in that Party when exported to the other Party, provided that all requirements of this Chapter have been met.
1. The importing Party shall not reject preferential tariff treatment for originating goods in cases where the invoice is issued in a non-Party, provided that such goods meet the requirements of this Chapter.
2. In such case, the exporter of the goods shall indicate relevant information in the appropriate box of Certificate of Origin as detailed in Annex 3B (Certificate of Origin).
Goods originating in a Party shall on importation into any Party benefit from the preferential tariff treatment upon submission of one of the following Proofs of Origin:
(a) a Certificate of Origin issued by the authorised body in accordance with Article 3.22; or
(b) a Declaration of Origin made out by approved exporter in accordance with Article 3.25.
Notwithstanding Article 3.20, the Proof of Origin is not required in order to obtain preferential tariff treatment for importation of originating goods where the customs value does not exceed the amount of 200 US dollars or the equivalent amount in the importing Party's currency, provided that the importation is occasional and does not form part of series of importations that may reasonably be considered to have been undertaken or arranged for the purposes of avoiding the submission of the Proof of Origin. A Party, on voluntary basis, may apply on importations into its territory a higher amount than the specified above.
1. Certificate of Origin shall be issued by an authorised body of a Party, upon an application having been made by the producer, exporter, or its authorised representative. The application shall be made in paper format or by electronic means, if applicable in accordance with the laws and regulations of the exporting Party.
2. The producer, exporter, or its authorised representative applying for the issuance of a Certificate of Origin shall be prepared to submit at any time, at the request of the authorised body of the exporting Party, all appropriate documents proving the origin of the goods concerned, as well as the fulfilment of the other requirements of this Chapter.
3. The Certificate of Origin shall be issued in original paper format or in electronic format (hereinafter referred to as "electronic Certificate of Origin") subject to the following conditions:
(a) the Certificate of Origin shall be issued and duly completed in accordance with the requirements set out in Annex 3B (Certificate of Origin);
(b) each Certificate of Origin shall bear a unique serial reference number separately given by each authorised body;
(c) a Certificate of Origin made out in original paper format shall bear an official seal of the authorised body. An electronic Certificate of Origin shall contain an authentication mechanism, such as QR code or a secured website.
4. The Certificate of Origin shall be issued by the authorised body prior to or after the time of exportation whenever the goods to be exported can be considered as originating in a Party within the meaning of this Chapter.
5. The authorised body of the exporting Party shall, to the best of its competence and ability, ensure that origin of the goods is determined in accordance with provisions of this Chapter and that Certificates of Origin are issued in conformity with the format and duly completed in accordance with the requirements set out in Annex 3B (Certificate of Origin).
6. The Certificate of Origin shall cover one or more goods under one consignment and shall be valid for the granting preferential tariff treatment for a period of 12 months from the date of its issuance by the authorised body.
7. In order to confirm the origin of goods in accordance with subparagraph (b) of paragraph 2 of Article 3.29, an original Certificate of Origin, its copy or electronic Certificate of Origin shall be submitted to the customs authority of the importing Party for the granting preferential tariff treatment. The Parties shall ensure that submitted Certificates of Origin may be verified through the web-databases referred to in Article 3.32.
1. Where a Certificate of Origin has not been issued prior to the time of exportation, it may be issued retroactively. In this instance, the Certificate of Origin shall bear the words "ISSUED RETROACTIVELY" or "ISSUED RETROSPECTIVELY" (both terms have the same meaning) as referred to in Annex 3B (Certificate of Origin). Such Certificate of Origin shall be valid for the granting preferential tariff treatment for a period of 12 months from the date of its issuance.
2. In the event of theft, loss or destruction of the original Certificate of Origin issued in paper format, the producer, exporter or its authorised representative may apply to the authorised body for its certified duplicate. A certified duplicate shall bear the words "CERTIFIED TRUE COPY OF THE CERTIFICATE OF ORIGIN NUMBER ___ DATE ___" or "DUPLICATE OF THE CERTIFICATE OF ORIGIN NUMBER ____ DATE ____" (both terms have the same meaning) as referred to in Annex 3B (Certificate of Origin). The certified duplicate of a Certificate of Origin shall be valid for the granting preferential tariff treatment no longer than 12 months from the date of issuance of the original Certificate of Origin.
3. Due to accidental errors or omissions made in the Certificate of Origin, the authorised body shall issue the Certificate of Origin in substitution for the previously issued Certificate of Origin which shall be annulled. In this instance, the Certificate of Origin shall bear the words "ISSUED IN SUBSTITUTION FOR THE CERTIFICATE OF ORIGIN NUMBER ____ DATE ____" or "REPLACEMENT OF THE CERTIFICATE OF ORIGIN NUMBER ____ DATE ____" (both terms have the same meaning) as referred to in Annex 3B (Certificate of Origin). Such Certificate of Origin shall be valid for the granting preferential tariff treatment for a period of 12 months from the date of its issuance.
4. In the case of transportation of originating goods between the Parties, which have not undergone any working or processing during such transportation, the authorised body of the latter Party may issue new (back-to-back) certificate instead of Certificate(s) of Origin. Such back-to-back Certificate of Origin shall be issued on the basis of the Certificate(s) of Origin issued by the authorised body of the former Party (the Party where the goods originate or intermediate Party) and shall bear the words "ISSUED ON THE BASIS OF CERTIFICATE OF ORIGIN NUMBER(S) ____ DATE(S) ____" as referred to in Annex 3B (Certificate of Origin). Such Certificate of Origin shall be valid for the granting preferential tariff treatment for a period of 12 months from the date of its issuance. However, such back-to-back Certificate of Origin shall not be issued after the period of more than three years from the date of issuance of Certificate of Origin issued in the Party where the goods originate.
The authorised body of the latter Party shall ensure that the total quantity of goods reexported under the partial shipment covered by the back-to-back Certificate of Origin does not exceed the total quantity of goods specified in the Certificate(s) of Origin issued by the authorised body of the former Party.
1. The designated governmental authority of the exporting Party, subject to fulfilment of the respective domestic laws and regulations, may authorise any exporter (hereinafter referred to as "approved exporter"), who exports goods under this Agreement and meets certain requirements including those referred to in paragraph 3, to make out Declarations of Origin irrespective of the value of the goods concerned provided that requirement set forth in paragraph 8 has been met.
2. An exporter seeking such authorisation must offer to the satisfaction of the designated governmental authority all guarantees necessary to verify the origin of the goods as well as the fulfilment of the other requirements of this Chapter.
3. The designated governmental authority of a Party may grant the status of approved exporter to its exporters subject to any conditions, which it considers appropriate in accordance with its respective domestic laws and regulations, based, among others, on the following general principles:
(a) knowledge of Rules of Origin provided for in this Chapter;
(b) compliance with the customs laws and regulations; and
(c) performing export deliveries.
4. When granting an authorisation, the designated governmental authority of a Party shall provide the approved exporter with a unique authorisation number. The authorisation number must be indicated in the Declaration of Origin.
5. The designated governmental authority of the exporting Party shall, on a regular basis, verify the use of an authorisation. If the approved exporter no longer meets the requirements referred to in paragraphs 2 and 3, or otherwise makes improper use of the authorisation, the designated governmental authority may, subject to domestic laws and regulations, withdraw it.
6. The designated governmental authority of a Party shall provide the other Parties, publish or make otherwise available the list of approved exporters, including their authorisation numbers, and periodically update it.
7. The approved exporter making out a Declaration of Origin shall be prepared to submit at any time, at the request of the designated governmental authority of the exporting Party, all appropriate documents proving the origin of the goods concerned, as well as the fulfilment of the other requirements of this Chapter.
8. The provisions of this Article shall become applicable for the purposes of this Agreement 60 days from the date of receipt of the last written notification certifying that the Member States of the Eurasian Economic Union and the United Arab Emirates have completed their respective internal legal procedures necessary for approved exporter system implementation. Exchange of such notifications shall be made between the Eurasian Economic Commission and the Ministry of Economy of the United Arab Emirates.
1. The Declaration of Origin as referred to in subparagraph (b) of Article 3.20 can be made out by an approved exporter within the meaning of Article 3.24 for any consignment regardless of its value.
2. The Declaration of Origin is a statement on origin made on any commercial documents related to the goods, including invoice, delivery note, etc. which describes the goods concerned in sufficient detail to enable them to be identified. Declarations of Origin shall be made out by typing, stamping or printing in the English language in accordance with the template in Annex 3C (Declaration of Origin).
3. The Declaration of Origin shall cover the originating goods under one consignment and shall remain valid for the granting preferential tariff treatment for a period of 12 months from the date it was made out.
4. In order to confirm the origin of goods in accordance with subparagraph (b) of paragraph 2 of Article 3.29, an original Declaration of Origin or its copy shall be submitted to the customs authority of the importing Party for the granting preferential tariff treatment.
1. With the view of further development of paperless trade the Parties shall endeavour to develop and support the Electronic Data Origin Exchange System ("the EDOES"), based on an electronic data exchange concept.
2. The EDOES shall enable the customs authorities of the importing Party to receive through the electronic data transmission the information from the Certificates of Origin issued by the authorised bodies of the exporting Party.
3. All the requirements and specifications for the application of the EDOES shall be set out in separate Protocol.
4. Notwithstanding subparagraph (b) of paragraph 2 of Article 3.29, if the Parties implement the EDOES, the original Certificate of Origin, its copy or electronic Certificate of Origin shall not be required by the customs authority of the importing Party. In such case, the date and number of such Certificate of Origin shall be specified in customs declaration for the granting preferential tariff treatment.
Where, at the request of the importer and on the conditions laid down by the customs authorities of the importing Party, dismantled or non-assembled products within the meaning of Rule 2 (a) of the General Rules for the interpretation of the Harmonized System are imported by instalments, a single Proof of Origin for such products shall be submitted to the customs authorities upon importation of the first instalment.
1. The discovery of minor discrepancies between the statements made in the Proof of Origin and those made in the documents submitted to the customs authority of the importing Party for the purpose of carrying out the formalities for importing the goods shall not ipso-facto invalidate the Proof of Origin, if it does in fact correspond to the goods submitted.
2. Obvious formal errors, such as typing errors, on a Proof of Origin should not cause this document to be rejected if these errors are not such as to create doubts concerning the correctness of the statements made in this document.
3. For multiple goods declared under the same Proof of Origin, a problem encountered with one of the goods listed shall not affect or delay the granting of preferential tariff treatment for the remaining goods covered by the Proof of Origin.
4. In order to confirm the origin of goods the actual weight of delivered originating goods shall not exceed five percent of the weight specified in the Certificate of Origin or commercial document containing the Declaration of Origin.
1. Preferential tariff treatment under this Agreement shall be applied to originating goods that satisfy all the requirements of this Chapter.
2. Customs authorities of the importing Party shall grant preferential tariff treatment to originating goods of the exporting Party provided that:
(a) transit and transshipment requirements referred to in Article 3.17 have been fulfilled; and
(b) origin of imported goods is confirmed by Proof of Origin in accordance with requirements provided for in this Chapter.
3. If appropriate Proof of Origin or, when requested, documentary evidence of the transit and transshipment requirements has not been submitted and (or) not been accepted by the customs authority of the importing Party during its clearance procedures, the importing Party shall impose the applied MFN customs duty or require payment of a deposit on the imported goods, not higher than the applied MFN customs duty, or another guarantee in accordance with respective laws and regulations of the importing Party. However, the importer may make a claim for preferential tariff treatment and refund of any excess customs duty or deposit paid within 12 months from the date of registration of customs declaration in accordance with respective laws and regulations of the importing Party provided that all requirements of this Article have been met.
1. Except as otherwise provided in this Chapter, the customs authority of the importing Party shall deny a claim for preferential tariff treatment or recover unpaid duties, in accordance with its laws and regulations, where the following requirements of this Chapter have not been met:
(a) the goods do not meet the origin criteria referred to in Article 3.3;
(b) the transit and transshipment requirements provided for in Article 3.17 have not been fulfilled or importer fails to provide documentary evidence of the transit and transshipment requirements, if such documentary evidence is requested by the customs authority of the importing Party;
(c) the Proof of Origin has not been submitted to the customs authorities of the importing Party or has not been issued and duly completed as specified in Annexes 3B (Certificate of Origin) and 3C (Declaration of Origin);
(d) the goods specified in the Proof of Origin (including the information specified in commercial documents mentioned in the Certificate of Origin) cannot be clearly identified with the goods declared upon customs declaration. However, lack of correspondence between the HS code detailed on the Proof of Origin and the actual classification by the customs authority of the importing Party shall not in itself constitute a reason for denial of preferential tariff treatment, if the goods specified in the Proof of Origin can still be clearly identified with the goods declared upon customs declaration;
(e) the actual weight of declared importing goods exceeds by five percent from the weight specified in the Proof of Origin;
(f) information on the Certificate of Origin is not available in the web-database or the Electronic Data Origin Exchange System, referred to in Articles 3.26 and 3.32, on the date of registration of customs declaration;
(g) information contained in the Certificate of Origin does not correspond to the information in the web-database, referred to in Article 3.32, on the date of registration of customs declaration;
(h) information on the validity of the approved exporter authorisation is not made available to the customs authority of the importing Party as referred to in paragraph 6 of Article 3.24 on the date of registration of customs declaration;
(i) the verification procedures undertaken under Articles 3.33 and 3.34 fail to determine that the goods are originating in accordance with this Chapter;
(j) the verification authority of the exporting Party has confirmed that the Certificate of Origin had not been issued by the authorised body of the exporting Party (i.e. forged) or had been annulled (withdrawn);
(k) the customs authority of the importing Party receives no reply within period of time provided for in paragraph 4 of Article 3.33 after the date of a verification request made to the verification authority of the exporting Party, or if the response to the verification request does not contain sufficient information to conclude whether the goods originate in a Party; or
(l) the customs authority of the importing Party within 60 days from the date of request of the verification visit, stipulated in paragraph 2 of Article 3.34, receives no written consent from the verification authority of the exporting Party, or receives a refusal to conduct such verification visit pursuant to paragraph 5 of Article 3.34.
2. If the customs authority of the importing Party denies a claim for preferential tariff treatment, it shall provide the decision in writing to the importer that includes the reasons for the decision.
3. Upon being communicated the grounds for denial of preferential tariff treatment, the importer may, within the period provided for in the customs laws and regulations of the importing Party, file an appeal against such decision with the appropriate authority under the customs laws and regulations of the importing Party.
1. Each Party shall designate one or more contact points within its relevant authorities for the effective implementation of this Chapter.
2. Within 30 days before the entry into force of this Agreement, each Party shall provide the other Party, through the Eurasian Economic Commission and the Ministry of Economy of the United Arab Emirates or any successor, respectively, with the following information:
(a) information on the contact points referred to in paragraph 1;
(b) names and addresses of each authorised body and verification authority of the Parties;
(c) contact e-mail addresses of the customs authorities and other governmental authorities, referred to in paragraph 1 of Article 3.33, and verification authorities of the Parties for the facilitation of verification procedures; and
(d) electronic addresses of the web-databases referred to in Article 3.32 and information about requirements to access such web-databases (user names, passwords, if any).
3. The Eurasian Economic Commission and the Ministry of Economy of the United Arab Emirates or any successor shall publish on the Internet at their official websites the information on the names and addresses of the authorised body and verification authority of each Party.
4. Any change to the information stipulated in this Article shall be notified by the Eurasian Economic Commission and the Ministry of Economy of the United Arab Emirates or any successor in advance.
5. Any notification or communication under this Chapter shall be conducted between the Parties through the relevant authorities in the English language.
1. In order to simplify the procedures for obtaining the preferential tariff treatment, the Parties shall use secure web-database of the authorised bodies that contain information on issued Certificates of Origin and enable customs authorities of the importing Party to verify the authenticity of any issued Certificate of Origin (hereinafter referred to as "web-databases").
2. The web-databases shall meet the following requirements:
(a) completeness, relevance and reliability of the information contained;
(b) data protection of the information contained from unauthorised access, destruction, modification or any other illegal actions;
(c) proper around the clock functioning;
(d) entering information identical to the data from Certificate of Origin (except for signatures and stamps) into the web-database no later than one day after the date of is issuance;
(e) storage of information on the issued Certificates of Origin within the period set out in subparagraph (c) of paragraph 1 of Article 3.35; and
(f) possibility of saving (printing) information contained in the web-database by the customs authorities of the importing Party.
1. The customs authority or, as the case may be, other governmental authority of the importing Party (hereinafter referred to as "the requesting authority") may request an origin verification at random or when it has reasonable doubt as to the authenticity of the Proof of Origin or as to the accuracy of the information regarding the compliance of the goods, covered by the Proof of Origin, with the origin criteria, pursuant to Article 3.3, and (or) to provide additional information and (or) documentary evidence from the producer and (or) exporter of the goods (hereinafter referred to as "the verification request").
2. For the purpose of paragraph 1, the requesting authority shall send written verification request to the verification authority of the exporting Party to conduct the requested origin verification.
3. The verification request shall be accompanied with the copy of Proof of Origin concerned and shall specify the reasons and any additional information suggesting that the particulars given on the said Proof of Origin may be inaccurate, unless the origin verification is requested on a random basis.
4. Pursuant to paragraph 2, the verification authority of exporting Party receiving the verification request shall respond to the request promptly, but not later than 120 days after the date of such request, and shall clearly indicate whether the Proof of Origin is authentic and (or) whether the goods can be considered as originating in the Party, including by providing requested documentary evidence received from the producer and (or) exporter of the goods.
However, in case the verification request is to verify the authenticity of the Proof of Origin only, the verification authority of the exporting Party shall reply not later than 60 days from the date of such verification request.
5. For the purpose of origin verification the verification authority of the exporting Party shall have the right to check the facilities used in the production of the goods and review the exporter's or producer's accounts and records related to the goods in question.
6. When a reply from the verification authority of exporting Party is not obtained within period of time provided for in paragraph 4, the customs authority of the importing Party shall deny preferential tariff treatment to the imported goods subject to the origin verification.
7. A copy of the verification request and its accompanying documents, as well as the verification response to such request, shall be transmitted electronically between the requesting authority of the importing Party and the verification authority of the exporting Party, via the contact email addresses referred to in subparagraph (c) of paragraph 2 of Article 3.31.
8. The customs authority of the importing Party may suspend granting preferential tariff treatment while awaiting the result of verification. However, it may release the goods to the importer subject to any administrative measures deemed necessary in accordance with the requirements of such Party's laws and regulations.
9. The customs authority of importing Party shall verify the authenticity of the Certificate of Origin in accordance with this Article if;
(a) the web-database or the EDOES is not functioning properly from force majeure or other valid causes; or
(b) the Certificate of Origin issued by the authorised body that was not notified by the Eurasian Economic Commission or the Ministry of Economy of the United Arad Emirates as provided for in Article 3.31.
10. Notwithstanding subparagraph (a) of paragraph 9, if importer is in possession of a Certificate of Origin issued in original paper format, preferential tariff treatment may be granted without obligatory verification procedures.
11. In cases set out in to in subparagraphs (b) to (h) of paragraph 1 of Article 3.30, the customs authorities of the importing Party are not required to make a verification request for the purposes of making decisions on denial of preferential tariff treatment.
1. If the customs authority of the importing Party is not satisfied with the outcome of the origin verification referred to in Article 3.33, it may, under exceptional circumstances for justifiable reasons, request a verification visit to the exporting Party in order to check the producer or exporter premises including inspection of the exporter's or producer's accounts, records or any other check considered appropriate.
2. Prior to conducting a verification visit pursuant to paragraph 1, the customs authority of the importing Party shall deliver a written notification to the verification authority of the exporting Party with its intention to conduct the verification visit.
A copy of the written notification shall also be transmitted electronically from the customs authority of the importing Party to the verification authority of the exporting Party, via the contact email addresses referred to in subparagraph (c) of paragraph 2 of Article 3.31.
3. The written notification mentioned in paragraph 2 shall be as comprehensive as possible and shall include, among others, the following information:
(a) name of the producer or exporter whose premises are to be visited;
(b) justification for the unsatisfactory outcome of the origin verification conducted by the verification authority of the exporting Party in accordance with Article 3.33;
(c) HS Codes and description of the goods subject to the verification; and
(d) the preliminary information on the relevant authorities performing the verification visit from the importing Party and the proposed date of the verification visit.
4. The verification authority of the exporting Party shall obtain the written consent of the producer or exporter whose premises are to be visited and transfer it to the requesting Party.
5. When a written consent from the producer or exporter is not obtained within 60 days from the date of request of the verification visit notification or a refusal of the producer or exporter to conduct such verification visit is received, the customs authority of the importing Party shall deny preferential tariff treatment to the goods referred to in the said Proof of Origin that would have been subject to the verification visit.
6. Verification visit shall be carried out by the verification team consisting of the representatives of the relevant authorities of the importing and the exporting Parties.
7. The producer and (or) exporter of the goods who has given consent for verification visit shall assist in its implementation, provide access to the premises, financial (accounting) and production documents related to the subject of the verification visit and shall provide any additional related information and (or) documents, if so requested.
8. If there are obstacles by the authorities or entities of the inspected Party during the verification visit, which result in the absence of possibility to conduct the verification visit, the importing Party has the right to deny preferential tariff treatment to the goods concerned.
9. The results of the verification visit shall be documented in the English language in the form of a report by the verification team, which shall clearly indicate the compliance or non-compliance of the goods verified with the requirements of this Chapter.
10. The verification visit process, including the actual visit and preparation of the report in accordance with paragraph 9, shall be carried out within a maximum period of six months from the first day the initial verification visit was requested. While the process of verification is being undertaken, paragraph 8 of Article 3.33 shall be applied.
11. Verification authority of the exporting Party shall send to the producer and (or) exporter of the goods verified the results of such verification not later than 20 days from the date the verification visit is finished.
12. Any suspended or denied preferential tariff treatment shall be reinstated based on the results of verification visit, indicating that goods which are subject of verification visit meet the requirements of this Chapter.
1. For the purposes of the verification process pursuant to Article 3.33 and 3.34, each Party shall require that:
(a) the producer or exporter retain, for a period not less than three years from the date of issuance of the Proof of Origin, or a longer period in accordance with its domestic laws and regulations, all supporting records necessary to prove that the goods for which the Proof of Origin was issued were originating; and
(b) the importers shall retain, for a period not less than three years from the date of importation of the goods, or a longer period in accordance with its domestic laws and regulations, all records to prove that the goods for which preferential tariff treatment was claimed were originating; and
(c) the authorised body retain, for a period not less than three years from the date of issuance of the Proof of Origin, or a longer period in accordance with its domestic laws and regulations, all supporting records of the application for the Proof of Origin.
2. The records referred to in paragraph 1 may be maintained in any medium that allows for prompt retrieval, including but not limited to, digital, electronic, optical, magnetic, or written form.
All information related to the application of this Chapter communicated between the Parties shall be treated as confidential. It shall not be disclosed by the Parties authorities without express written permission of the person or authority providing it except to the extent that it may be required to be disclosed in the context of judicial proceedings.
1. For the purposes of effective implementation and operation of this Chapter, the Parties hereby establish a Sub-Committee on Rules of Origin (hereinafter referred to as "the Sub-Committee").
2. The Sub-Committee shall have the following functions:
(a) reviewing and making appropriate recommendations to the Joint Committee on:
i. transposition of Annex 3А (Product Specific Rules) according to the amendments to the HS. Such transposition shall be carried out without impairing the existing commitments and shall be completed in a timely manner;
ii. implementation and operation of this Chapter;
iii. any amendments to this Chapter or its Annexes 3А (Product Specific Rules), 3B (Certificate of Origin) and 3C (Declaration of Origin), taking into account developments in technology, production processes, and other related matters;
(b) considering any other matter proposed by a Party relating to this Chapter; and
(c) performing other functions as may be delegated by the Joint Committee pursuant to Article 16.1 (Joint Committee).
3. The implementation of transposition of Annex 3А (Product Specific Rules) referred to in subparagraph (a) of paragraph 2 shall be carried out by the Eurasian Economic Commission and the Ministry of Economy of the United Arab Emirates after the approval of the Joint Committee and shall enter into force simultaneously after the Parties have completed their internal procedures.
4. The Sub-Committee shall be composed of the representatives of the relevant authorities of the Parties and may invite representatives of other entities of the Parties with necessary expertise relevant to the issues to be discussed upon mutual agreement of the Parties.
5. The Sub-Committee shall meet at such time and venue as maybe agreed by the Parties.
6. A provisional agenda for each meeting shall be forwarded to the Parties, as a general rule, no later than one month before the meeting.
Originating goods which are in the process of transportation from the exporting Party to the importing Party, or which are in temporary storage under customs control in the importing Party for a period not exceeding six months before the entry into force of this Agreement, shall be granted preferential tariff treatment if they are imported into the importing Party or declared to the customs authority of the importing Party on or after the date of entry into force of this Agreement, provided that all requirements of Article 3.29 have been met. This shall be subject to the submission to the customs authorities of the importing Party of a Certificate of Origin issued retroactively by the authorised body of the exporting Party in accordance with paragraph 1 of Article 3.23.
Headnotes to the Annex:
1. For the purposes of this Annex:
(a) HS Code means the nomenclature of the 2022 version of the Harmonized System (HS) <*>;
--------------------------------
<*> In accordance with Article 3.37, the Parties may agree to update the HS Codes, taking into account the latest version of the HS.
(b) Chapter means the first two digits of the tariff classification number under the HS Code;
(c) Heading means the first four digits of the tariff classification number under the HS Code;
(d) Sub-heading means the six digits of the tariff classification number under the HS Code.
2. This Annex is set out as follows:
(a) Column 1 - HS Code (section, chapter, heading or subheading);
(b) Column 2 - Product Description, according to the HS Code;
(c) Column 3 - Product Specific Rule (Origin Criteria);
(d) Column 4 - Alternative Product Specific Rule (Origin Criteria).
3. Where a product specific rule is specified in columns 3 and 4, the exporter may apply either the rule set out in column 3 or 4.
4. Where, in some cases, the entry in the first column is preceded by an "ex", this signifies that the rules in column 3 or 4 apply only to the part of that sub-heading, heading or chapter as described in column 2. In these cases, the goods are determined both by the HS codes and their description.
5. Where a product specific rule requires that the materials used undergo a change in tariff classification or a specific manufacturing or processing operations, the rules shall apply only to non-originating materials.
6. Where a product specific rule is defined using the criterion of a change in tariff classification, the rule will be considered to be met only if each of the non-originating materials used in the production of the goods has undergone the change in tariff classification.
7. For the purposes of columns 3 and 4 of this Annex:
(a) CC means that all non-originating materials used in the production of the goods have undergone a change in tariff classification at the HS 2-digit level;
(b) CTH means that all non-originating materials used in the production of the goods have undergone a change in tariff classification at the HS 4-digit level;
(c) CTSH means that all non-originating materials used in the production of the goods have undergone a change in tariff classification at the HS 6-digit level;
(d) SO means that specific operations detailed therein are to be fulfilled;
(e) QVC [...]% means that percentage of the Qualifying Value Content, which is calculated using the formula set out in Article 3.5 (Sufficient Working or Processing), is not less than [...] percent;
(f) CC, except from Chapter [...] means the requirement to undergo a change in tariff classification at the HS 2-digit level, provided that the non-originating materials from the specified chapter are not used in production of the final goods;
(g) CTSH + QVC [...]% means the requirement to undergo a change in tariff classification at the HS 6-digit level, provided that percentage of the Qualifying Value Content, which is calculated using the formula set out in Article 3.5 (Sufficient Working or Processing), is not less than [...] percent;
(h) N/A means that no alternative rule is applicable.
8. Subject to Article 3.9 (Insufficient Operations), the origin criteria under these Product Specific Rules represent the minimum amount of working or processing required, and the carrying-out of more working or processing also confers origin on the goods produced; conversely, the carrying-out of less working or processing cannot confer origin.
|
HS Code
|
Description of Goods
|
Product Specific Rules
|
|
|
(1)
|
(2)
|
(3)
|
(4)
|
| 0201 - 0210 |
Meat and edible meat offal. |
CC, except from Chapter 1
|
N/A
|
| 0301 - 0309 |
Fish and crustaceans, molluscs and other aquatic invertebrates. |
CC
|
N/A
|
| ex 0401 - 0410 |
Dairy produce; birds' eggs; natural honey; edible products of animal origin, not elsewhere specified or included; except for Traditional Arabian strained yogurt "Labneh". |
CC
|
N/A
|
| ex 0403.90 |
Traditional Arabian strained yogurt "Labneh". |
CTH
|
QVC 40%
|
| 0501 - 0511 |
Products of animal origin, not elsewhere specified or included. |
CC
|
N/A
|
| 0601 - 0604 |
Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage. |
CC
|
N/A
|
| 0701 - 0714 |
Edible vegetables and certain roots and tubers. |
CC
|
N/A
|
| 0801 - 0814 |
Edible fruit and nuts; peel of citrus fruits or melons. |
CC
|
N/A
|
| 0910.91 |
Mixture of spices. |
CTSH + QVC 30%
|
N/A
|
| 1001 - 1008 |
Cereals. |
CC
|
N/A
|
| ex 1102 - 1109.00 |
Products of the milling industry; malt; starches; wheat gluten; except for groats and meal of wheat; rolled or flaked grains of oats; wheat starch; maize (corn) starch; potato starch; manioc (cassava) starch; inulin. |
CC, except from Chapters 7, 10
|
N/A
|
|
1101.00, 1103.11, 1104.12, 1108.11, 1108.12, 1108.13, 1108.14, 1108.20 |
Wheat or meslin flour; Groats and meal of wheat; Rolled or flaked grains of oats; Wheat starch; Maize (corn) starch; Potato starch; Manioc (cassava) starch; Inulin |
CC
|
QVC 40%
|
|
1201 - 1207, 1209 - 1214 |
Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodder. |
CC
|
N/A
|
| 1301 |
Lac; natural gums, resins, gum-resins and oleoresins. |
CC
|
N/A
|
| 1401 - 1404 |
Vegetable plaiting materials; vegetable products not elsewhere specified or included. |
CC
|
N/A
|
| 1516.20 <*> |
Vegetable fats and oils and their fractions. |
CC
|
N/A
|
| 1517 <*> |
Margarine; edible mixtures or preparations of animal, vegetable or microbial fats or oils or of fractions of different fats or oils of this Chapter, other than edible fats and oils or their fractions of heading 15.16. |
CC
|
N/A
|
| 1602.10, |
Homogenised preparations; |
CC, except from
Chapters 1, 2 |
QVC 40%
|
| 1602.32, |
Other prepared or preserved meat, meat offal of fowls of the species Gallus domesticus; |
||
| 1602,50, |
Other prepared or preserved meat, meat offal of bovine animals; |
||
| 1602.90 |
Other prepared or preserved meat, meat offal, including preparations of blood of any animal. |
||
| 2401 |
Unmanufactured tobacco; tobacco refuse. |
CC
|
N/A
|
| 2501 - 2530 |
Salt; sulphur; earths and stone; plastering materials, lime and cement. |
CC
|
N/A
|
| 6101 - 6117 |
Articles of apparel and clothing accessories, knitted or crocheted. |
CC
|
N/A
|
| 6201 - 6217 |
Articles of apparel and clothing accessories, not knitted or crocheted. |
CC
|
N/A
|
| 6301 - 6308 |
Other made-up textile articles; sets. |
CC
|
N/A
|
| 6309 |
Worn clothing and other worn articles. |
CC, except from Chapters 61, 62
|
N/A
|
|
ex 7102, 7103, 7104 |
Worked precious or semi-precious stones (natural, synthetic or reconstructed). |
CC
|
SO:
Manufacture from non-originating unworked precious or semi-precious stones provided the worked precious or semi-precious stones are cut or ground or otherwise worked to final shape |
|
7106.10, 7108.11, ex 7110.11 |
Silver, gold and platinum in powder form. |
CTSH
|
N/A
|
|
ex 7106.91, ex 7108.12, ex 7110.11 |
Silver, gold and platinum refined bars. |
CC
|
SO:
electrolytic, thermal or chemical separation of precious metals of heading 7106, 7108 or 7110, or fusion and (or) alloying of precious metals of heading 7106, 7108 or 7110 with each other or with base metals or purification |
| ex 7106.91, ex 7108.12, ex 7110.11 |
Silver, gold and platinum in other unwrought forms <**>. |
CC
|
N/A
|
|
7106.92, 7108.13, 7108.20, 7110.19 |
Silver, gold and platinum in semi-manufactured forms; monetary gold. |
CTSH
|
N/A
|
|
7304, 7305, 7306 |
Tubes, pipes and profiles, of iron or steel. |
CTH
|
N/A
|
| 8101 - 8113 |
Other base metals; cermets; articles thereof. |
CTSH
|
QVC 40%
|
|
8701 - 8710, 8712.00 |
Tractors; motor cars and vehicles; chassis fitted with engines, for the motor vehicles of headings 87.01 to 87.05; bodies (including cabs), parts and accessories of the motor vehicles of headings 87.01 to 87.05; works trucks, self-propelled, and parts thereof; tanks and other armoured fighting vehicles and parts thereof; bicycles and other cycles (including delivery tricycles), not motorised. |
QVC 40%
|
N/A
|
--------------------------------
<*> The Parties may consider a review of the origin criteria for these goods after two years from the date of entry into force of this Agreement. Any arrangements reached following the mentioned considerations shall subsequently be implemented in accordance with Article 17.2 (Amendments).
<**> For the purpose of these headings "other unwrought forms" include grains, bars other than refined bars, bullions and other unwrought forms.
| 1. Exporter's Name, Address, Country |
4. Certificate No.
EAEU-UNITED ARAB EMIRATES ECONOMIC PARTNERSHIP AGREEMENT
CERTIFICATE OF ORIGIN
Form EAE
Issued in ________________
(Country) |
|||
| 2. Producer's Name, Address, Country | ||||
| 3. Consignee's Name and Address, Country | ||||
| 5. Means of transport and route, provided it is known. |
6. |
|||
| 7. For official use | ||||
| 8. Item number | 9. Number and kind of packages; description of goods; HS code | 10. Origin Criteria | 11. Gross Weight or Quantity of goods |
12. Number and date of invoice |
|
|
||||
| 13. Certification | 14. Declaration by the exporter | |||
| We hereby certify the authenticity of this certificate and that it was issued in accordance with the provisions of the EAEU-UAE Economic Partnership Agreement. | The Undersigned hereby declares that the above details are correct and that the goods covered by this document are originating in ____________________ in accordance with the Chapter 3 (Rules of origin) under the EAEU-UAE Economic Partnership Agreement. | |||
|
............................................................
Place, date, signature and stamp |
............................................................
Place, date, signature and stamp |
|||
--------------------------------
<*> These instructions may be printed out on the overleaf of the Certificate of Origin.
The Certificate of Origin (Form EAE) must be on ISO A4 size paper in conformity with the specimen shown in this Annex.
Unused spaces in boxes 8 - 12 shall be crossed out to prevent any subsequent addition, unless the Certificate of Origin is issued in electronic format only.
The Certificate of Origin shall:
a) be made in conformity with the template set out in this Annex;
b) be completed in the English language;
c) contain security features or other additional information to enable interested person to verify it through die web-database referred to in Article 3.32 (such as URL link, QR code, etc.); and
d) contain the minimum data required in boxes 1, 3, 4, 9 - 14.
Neither erasures nor superimposition shall be allowed on the Certificate of Origin.
Box 1: State the name, address (including country) of the exporter (seller, consignor, supplier or producer of the goods).
Box 2: State the name, address (including country) of the producer of the goods. If the exporter or the producer wishes this information to be confidential, than it is acceptable to keep this box blank.
Box 3: State the name, address (including country) of the importer (purchaser or consignee of the goods).
Box 4: State details of unique reference number and issuing country.
Box 5: State details of transportation, as far as known, such as departure (shipment) date; means of transport (vessel, aircraft, etc.); place (port, airport) of discharge.
Box 6: In the case where invoices are issued by a non-Party, the "third party invoice" sub-box should be ticked (v) and the following information shall be indicated:
a) invoice number(s) and date(s) (if such information is available at the time of issuance of the Certificate of Origin); or
b) name of the non-Party and (or) person that will issue the invoice.
Nevertheless, where the origin of the goods is not in doubt, the absence of the information in this box shall not in itself constitute a reason for denial of preferential tariff treatment.
Box 7: State remarks made by the authorised body of the issuing country, for example:
"Issued retrospectively" or "Issued retroactively" in exceptional cases where a Certificate of Origin has not been issued prior to or at the time of exportation in accordance with paragraph 1 of Article 3.23;
"Certified True Copy of the Certificate of Origin Number ___ Date ___" or "Duplicate of the Certificate of Origin Number ___ Date ___" in case of theft, loss or destruction of the original Certificate of Origin issued in paper format in accordance with paragraph 2 of Article 3.23;
"Issued in substitution for the Certificate of Origin Number ____ Date ___" or "Replacement of the Certificate of Origin Number ___ Date ___" in case of issuance a replacement Certificate of Origin due to accidental errors or omissions in accordance with paragraph 3 of Article 3.23;
"Issued on the basis of the Certificate of Origin Number(s) ___ Date(s) ___" in case of transportation of originating goods between the Parties which have not undergone any working or processing during such transportation in accordance with paragraph 4 of Article 3.23.
Box 8: State the item(s) number(s).
Box 9: State detailed description of each item, including HS 6-digit code and, if applicable, model and brand name in such a way as to enable them to be identified. Number and kind of packages shall also be specified. If the FIS code is given in more than 6 digits, only the first 6 digits will be taken into consideration.
If the goods covered by the Certificate of Origin originating in different Parties, the origin of each item shall be indicated (the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation or the United Arab Emirates).
If there is not enough space in this Box to describe the goods, additional sheets are used, made on the same template set out in this Annex. Such additional sheets shall be certified by the signature of the official and the seal of the authorised body, unless the Certificate of Origin is issued in electronic format without being made on paper, and have the same reference number as the main Certificate sheet.
Box 10: State the origin criteria for all goods in the manner shown in the following table:
|
Origin Criteria
|
Indication to be inserted in Box 10
|
| (a) Goods wholly obtained or produced in a Party in accordance with Article 3.4 |
"WO"
|
| (b) Goods produced in a Party and undergone sufficient transformation in accordance with Article 3.5: | |
| - Change in Tariff Classification ("CC", "CTH" or "CTSH"), regardless of the possible exemptions (for example, "CC, except from Chapter 1"); |
"CTC"
|
| - Qualifying Value Content; |
"QVC"
|
| - Special operations (if it is provided for in Product Specific Rules); |
"SO"
|
| - Combination of the origin criteria (if it is provided for in Product Specific Rules, for example, "CTSH + QVC 30%") |
"COMBO"
|
| (c) Goods produced entirely in a Party exclusively from originating materials in accordance with paragraph (c) of Article 3.3 |
"PE"
|
Nevertheless, if the origin criterion for all goods covered by the Certificate of Origin is the same, it is not required to be repeated for each item.
Box 11: State the quantity of goods: gross weight (kg) or other measurement (pcs, liters etc.).
Box 12: State the number(s) and date(s) of invoice(s) submitted to an authorised body for the issuing of the Certificate of Origin.
Box 13: State the place and date of issuance of the Certificate of Origin, signature of an authorised signatory and seal of the authorised body. Signature of the authorised signatory and seal of the authorised body may be applied electronically or may not be indicated in this box, if the Certificate of Origin is issued in electronic format only.
Box 14: State the origin of goods (the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation or the United Arab Emirates), place and date of declaration, signature and seal of the exporter. Signature of the exporter and its seal may be applied electronically or may not be indicated in this box, if the Certificate of Origin is issued in electronic format only.
If the goods covered by the Certificate of Origin originating in different Parties, the words "See box 8" shall be indicated.
"The exporter of the goods covered by this document (approved exporter authorisation No. ... <1>) declares that, except where otherwise clearly indicated, these goods are of ... <2> preferential origin in accordance with the Rules of Origin of the EAEU-UAE EPA.
--------------------------------
<1> The authorisation number of the approved exporter to be indicated.
<2> The origin of goods (the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation or the United Arab Emirates) to be indicated.
<3> The full name of the signatory, signature and date the Declaration of origin was made to be indicated. The signature may be handwritten or applied electronically.
For the purpose of this Chapter:
customs authority means the competent authority that is responsible under the laws of each Party for the administration and enforcement of its customs laws;
customs laws means provisions implemented by legislations, rules, and regulations concerning the importation, exportation, transit of goods, or any other customs procedures whether relating to customs duties, taxes, or any other charges collected by the customs authorities, or to measures for prohibition, restriction, or control enforced by the customs authorities;
customs procedures means the measures applied by the customs authority of a Party to goods and to the means of transport that are subject to its customs laws;
persons means both natural and legal person, unless the context otherwise requires;
Trade Facilitation Agreement (TFA) means the Agreement on Trade Facilitation in Annex 1A to the WTO Agreement.
This Chapter shall apply, in accordance with the Parties' respective laws, rules, and regulations, to customs procedures required for clearance of goods traded between the Parties.
1. The Parties shall ensure that their customs laws and procedures are transparent, non-discriminatory, consistent, and avoid unnecessary procedural obstacles to trade.
2. Except as otherwise provided for in this Chapter, Section I of the TFA shall be applied between the Parties and is incorporated into and forms part of this Agreement.
3. Customs procedures of the Parties shall conform, where possible, to the standards and recommended practices of the World Customs Organization (WCO).
4. Each Party shall periodically review its customs laws and procedures with a view to their further simplification and development to facilitate trade between the Parties.
1. Each Party shall ensure that its laws, rules, and regulations of general application, as well as guidelines, procedures, and administrative rulings governing customs matters are published as soon as possible, either on the Internet or in print form in the English language, to the extent possible.
2. Each Party shall designate, establish, and maintain one or more inquiry points to address inquiries from interested persons pertaining to customs matters, and shall make publicly available through electronic means information concerning the designated inquiry points and procedures for making such inquiries.
3. Nothing in this Article or in any part of this Agreement shall require any Party to publish law enforcement procedures and internal operational guidelines including those related to conducting risk analysis and targeting methodologies.
4. Each Party shall, to the extent practicable and in a manner consistent with its laws, ensure that new or amended laws, rules, and regulations of general application related to the movement, release, and clearance of goods, including goods in transit, are published or information on them made otherwise publicly available, as early as possible before their entry into force, so that interested persons have the opportunity to become acquainted with the new or amended laws, rules, and regulations. Such new or amended laws, rules, and regulations of general application shall be available in the English language, to the extent possible.
The Parties shall adopt or maintain a risk management approach for its customs control, based on an assessment of risks, in order to facilitate the clearance of low-risk goods, while focusing its customs control on high-risk goods. A Party may also select, on a random basis, goods for such controls as part of its risk management.
1. For the purposes of facilitating the exchange and lodging of information and documents as well as expediting procedures for the release of goods, the Parties shall endevour to provide an electronic environment that supports business transactions between their respective customs authorities and their trading entities.
2. The Parties shall exchange views and information on implementation and promotion of paperless communications between their respective customs authorities and their trading entities.
3. The respective customs authorities of the Parties, in implementing initiatives which provide for the use of paperless communications, shall take into account the methodologies agreed by the WCO as well as international best practices and other relevant international organisation's standards.
1. Each Party shall provide for the issuance of an advance ruling to an applicant in a manner consistent with its customs laws with regards to:
(a) the goods tariff classification;
(b) the origin of the goods; and
(c) any additional matter which a Party considers appropriate.
2. Each Party shall issue its advance ruling within a reasonable, time-bound manner from the date of receipt of a complete application for an advance ruling.
3. The Party shall apply an advance ruling issued by it under paragraph 1 on the date that the ruling is issued or on such later date as may be specified therein if it is provided for in its customs laws. The advance ruling shall remain in effect for a reasonable period of time until its expiration in accordance with the issuing Party customs laws, unless the advance ruling is revoked, modified or invalidated.
4. The advance ruling issued by the Party shall be binding in that Party and to the person to whom the ruling is issued only.
5. A Party may decline to issue an advance ruling if the facts and circumstances forming the basis of the advance ruling are the subject of an administrative or judicial review or appeal. A Party that declines to issue an advance ruling shall promptly notify, in writing, the person requesting the ruling, setting out the relevant facts and circumstances and the basis for its decision.
6. The issuing Party may revoke, modify, or invalidate an advance ruling:
(a) if the ruling was based on an error of fact or on false (incomplete, incorrect or misleading) information; or
(b) if there is a change in the material facts or circumstances on which the ruling was based; or
(c) to conform with any amendments to this Agreement; or
(d) to conform with a judicial decision or a change in its laws.
7. Each Party shall provide written notice to the applicant explaining the Party's decision to revoke, modify, or invalidate the advance ruling issued to the applicant.
8. Each Party shall provide that any revocation, modification, or invalidation of an advance ruling shall be effective on the date on which the revocation, modification, or invalidation is issued or on such later date as may be specified therein if it is provided for in its customs laws, and shall not be applied to importations of goods that have occurred prior to that date, unless the person to whom the advance ruling was issued had submitted false, incomplete, incorrect, or misleading information.
1. Each Party shall maintain measures imposing criminal or administrative penalties, whether solely or in combination, for violations of the Party's customs laws.
2. Each Party shall ensure that penalties issued for a breach of a customs laws are imposed only on the person(s) responsible for the breach under its laws.
3. Each Party shall ensure that the penalty imposed by its customs authority is dependent on the facts and circumstances of the case and is commensurate with the degree and severity of the breach.
4. Each Party shall ensure that it maintains measures to avoid conflicts of interest in the assessment and collection of penalties and duties. No portion of the remuneration of a government official shall be calculated as a fixed portion or percentage of any penalties or duties assessed or collected.
5. Each Party shall ensure that if a penalty is imposed by its customs authority for a breach of a customs law, an explanation in writing is provided to the person(s) upon whom the penalty is imposed specifying the nature of the breach and the laws used for determining the penalty amount.
1. Each Party shall apply customs procedures and perform customs operations in an efficient manner in order to expedite the release of goods and facilitate trade between the Parties. This shall not require a Party to release goods where its requirement for the release of such goods have not been met nor prevent a Party from liquidating (discharging) a security deposit (guarantee) in accordance with its laws.
2. Pursuant to paragraph 1, each Party shall adopt or maintain procedures that:
(a) provide for the release of goods as soon as possible upon receipt of the customs declaration and fulfilment of all applicable requirements and procedures provided for in the customs laws of the Party;
(b) provide for the electronic submission and processing of documentation and data, including manifests, prior to the arrival of the goods in order to expedite the release of goods from customs control upon arrival;
(c) under normal circumstances allow goods to be released at the point of arrival without requiring temporary transfer to warehouses or other facilities; and
(d) require that the importer (person concerned) be informed if a Party does not release goods in consistency with subparagraph (a), including, to the extent permitted by its laws, rules, and regulations, the reasons why the goods are not released and which agency, if not the customs authority, has withheld release of the goods.
3. Each Party shall, to the extent practicable and in accordance with its customs laws, allow goods intended for import to be moved within its territory under customs control from the point of entry into the Party's territory to another customs office in its territory from where the goods are intended to be released, provided the applicable regulatory requirements are met.
1. Each Party shall establish or maintain an Authorised Economic Operator (AEO) programme, which recognises an operator involved in the international movement of goods in whatever function (for example: importers, exporters, brokers, carriers, etc.) approved in accordance with its customs laws to be authorised as complying with the World Customs Organizations (WCO) SAFE Framework of Standards.
2. The Parties encourage the granting of AEO status to its economic operators with a view to facilitating trade and enhancing compliance and risk management procedures.
3. The Parties may explore negotiating mutual recognition of the AEO programmes between them.
Each Party shall ensure that its authorities and agencies responsible for carrying out control functions at the border and procedures dealing with the importation, exportation, and transit of goods cooperate with one another and coordinate their activities in order to facilitate trade.
Each Party shall adopt or maintain expedited customs procedures for goods contained in express shipments of at least those entered through air cargo facilities while maintaining appropriate customs control. These procedures shall:
(a) provide for information necessary to release an express shipment to be submitted and processed before the shipment arrives;
(b) allow a single submission of information covering all goods contained in an express shipment, such as a manifest through, if possible, electronic means <*>;
--------------------------------
<*> Additional documents may be required as a condition for release.
(c) to the extent possible, provide for the release of particular goods contained in an express shipment with a minimum of documentation;
(d) under normal circumstances, provide for express shipments to be released as soon as possible after submission of the necessary customs documents, provided the shipment has arrived;
(e) apply to shipments of any weight or value recognising that a Party may require formal entry procedures as a condition for release, including customs declaration and supporting documentation and payment of customs duties, based on the weight or value of goods; and
(f) provide that, under normal circumstances, no customs duties will be assessed on express shipments valued at or below a fixed amount set under the Party's laws <*>. Each Party shall periodically review the amount taking into account factors that it may consider relevant, such as rates of inflation, effect on trade facilitation, impact on risk management, administrative cost of collecting duties compared to the amount of duties, cost of cross-border trade transactions, impact on SMEs or other factors related to the collection of customs duties.
--------------------------------
<*> Notwithstanding this Article, a Party may assess customs duties, or may require formal entry documents for restricted or controlled goods, such as goods subject to import licensing or similar requirements.
1. Each Party shall in accordance with its respective laws, rules, and regulations ensure that any person to whom a decision on a customs matter is issued or who is a recipient of a customs action has access to:
(a) at least one level of administrative review of a decision and (or) an action made by its customs authority independent <*> of either the official or office responsible for the decision and/or action under review; and
--------------------------------
<*> The level of administrative (pre-judicial) review may include the competent authority supervising the customs authority.
(b) judicial review of decisions taken at the final level of administrative review.
2. Each Party shall ensure that its procedures <*> for review and appeal are carried out in a non-discriminatory and timely manner.
--------------------------------
<*> Such procedures for review and appeal shall be carried out based on an official request from a person.
3. Each Party shall ensure than an authority conducting a review or appeal under paragraph 1 notifies the person in writing of its decision in the review or appeal and the reasons for the decision.
1. With a view to facilitate the effective operation of this Agreement and to further enhance customs cooperation in securing and facilitating lawful trade, the customs authorities of the Parties are encouraged to cooperate with each other on key customs issues that may affect goods traded among the Parties.
2. The Parties shall, for the purposes of applying their customs laws and to give effect to the provisions of this Agreement, endeavour to cooperate and assist each other:
(a) in the prevention and investigation of offences against customs laws;
(b) in providing, upon request, information to be used in the enforcement of customs laws;
(c) in the research, development, and application of customs procedures;
(d) in the training, exchange of personnel, and sharing of best practices; and
(e) in other matters of mutual interest.
3. The customs authorities of the Parties shall develop and maintain channels of communication for customs cooperation, including contact points that will facilitate and improve coordination on customs issues. The Parties shall exchange the information on contact points with a view to facilitating the effective implementation of this Chapter.
4. Any interaction under this Chapter shall be conducted between the respective customs authorities in the English language.
5. In order to further develop customs cooperation between the Parties, they may enter into negotiations on Customs Mutual Assistance Agreement <*> or any other agreements in the customs sphere jointly deemed appropriate by the Parties.
--------------------------------
<*> Any existing Customs Mutual Assistance Agreements concluded between the Parties before this Agreement entry into force shall remain valid and may be updated by mutual consent of the respective Parties.
6. Assistance under this Chapter shall be provided in accordance with the Parties respective laws, rules, and regulations and in accordance to the Customs Mutual Assistance Agreement concluded between the respective Parties.
1. Nothing in this Chapter shall be construed to require a Party to furnish or allow access to confidential information, the disclosure of which would impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice the legitimate commercial interests of particular enterprises, public or private. Any information received under this Chapter shall be treated as confidential in accordance with the Parties respective laws.
2. The Parties shall ensure, in accordance with their respective laws, the confidentiality of information obtained by their customs authorities pursuant to this Chapter and shall protect that information from disclosure that could prejudice the competitive position of the persons providing the information. Such information shall not be disclosed beyond the customs authorities without the written permission of the authority of the Party providing it.
The Parties recognise the right of each other to apply anti-dumping, countervailing and global safeguard measures, and the importance of promoting transparency in the process of anti-dumping, countervailing duty, and safeguard investigations in accordance with the corresponding WTO rules and regulations.
With respect to the UAE, this Chapter shall apply to investigations and measures that are taken by the Ministry of Economy of the UAE or its successor.
1. Except as otherwise provided in this Article, the Parties shall apply anti-dumping and countervailing measures in accordance with the provisions of Article VI of GATT 1994, the Anti-Dumping Agreement and SCM Agreement.
2. For the purposes of conducting anti-dumping investigations and any subsequent proceedings, including reviews, and the application of anti-dumping measures the UAE shall not consider the EAEU Member States as a single entity.
3. For the purposes of conducting countervailing duty investigations and any subsequent proceedings, including reviews, and the application of countervailing measures the UAE shall not consider the EAEU Member States as a single entity, unless there are subsidies within the meaning of Article XVI of GATT 1994 and the SCM Agreement granted and provided at the level of the EAEU for the producers from all EAEU Member States.
4. When the investigating authority of a Party receives a written application by or on behalf of its domestic industry for the initiation of an anti-dumping investigation in respect of imports of a product from the other Party, the former Party shall notify the other Party of the application at least 15 days before initiating such anti-dumping investigation. The Party shall provide written notification to the other Party of its receipt of the application which includes the following:
(a) description of the product;
(b) tariff classification number under which the product was imported;
(c) identification of the exporters and countries of export that were named in the application; and
(d) the name and address of the investigating authority.
5. When the investigating authority of a Party receives a written application by or on behalf of its domestic industry for the initiation of a countervailing duty investigation in respect of a product from the other Party, the former Party shall notify the other Party of the application at least 15 days before initiating such countervailing duty investigation and invite the other Party for consultations on the application.
6. The investigating authority of a Party shall ensure, before a final determination is made, disclosure of all essential facts under consideration which form the basis for the decision whether to apply definitive measures. This is without prejudice to Article 6.5 of Anti-Dumping Agreement and Article 12.4 of SCM Agreement. Disclosures shall be made in writing and allow interested parties sufficient time to make their comments.
7. The Parties may consult on the issues covered by this Article. For this purpose, a Party shall provide the other Party with a written request for consultations. The requested Party shall reply to the request within 10 days from the date of its receipt. The consultations shall take place as soon as possible, but not later than 30 days upon the reply to the request. Such consultations shall not prevent the Parties from initiating an anti-dumping and countervailing duty investigations and shall not impede such investigations and imposition of the measures.
8. For the purposes of an anti-dumping investigation and any subsequent antidumping proceedings, including reviews, the Parties shall apply the methodology for the calculation of normal value in accordance with paragraphs 2.1 - 2.6 of Article 2 of Anti-Dumping Agreement <*>.
--------------------------------
<*> For the purpose of this paragraph, the second condition under Article 2.2.1.1 of Anti-Dumping Agreement with respect to whether records kept by an exporter or producer of the product under investigation reasonably reflect the costs associated with the production and sale of the product under consideration refers to whether these records suitably and sufficiently correspond to or reproduce those costs incurred by the exporter or producer of the product under investigation that have a genuine relationship with the production and sale of the specific product under consideration.
1. Except as otherwise provided in this Article, the Parties shall apply global safeguard measures in accordance with Article XIX of the GATT 1994 and Safeguards Agreement.
2. Neither Party may apply, with respect to the same good, at the same time:
(a) a bilateral safeguard measure as provided in Article 5.5; and
(b) a global safeguard measure under Article XIX of GATT 1994 and Safeguards Agreement.
3. A Party taking a global safeguard measure shall exclude imports of a product of the other Party as long as its share of imports of the product concerned in the importing country does not exceed 3 per cent, or in accordance with Article 9.1 of Safeguards Agreement.
4. The application of a global safeguard measure under this Article shall be without prejudice to the tariff concessions in accordance with the Schedules of Tariff Commitments of the Parties set out in Annexes 2A (Schedules of Tariff Commitments), 2B (UAE Schedules of Tariff Commitments) and 2C (EAEU Schedules of Tariff Commitments).
5. A Party conducting a global safeguard investigation shall provide to the other Party a copy of the notification under paragraph 1 and paragraph 4 of Article 12 of Safeguards Agreement.
6. For the purposes of conducting global safeguard investigations and any subsequent proceedings, including reviews, and the application of global safeguard measures the UAE shall not consider the EAEU Member States as a single entity.
Definitions
1. For the purposes of bilateral safeguard measures:
domestic industry means the producers, as a whole, of the like or directly competitive goods operating within the territory of a Party or those whose collective output of the like or directly competitive goods constitutes a major proportion of the total production of such goods; and
transition period means, in relation to a particular good, the period from the entry into force of this Agreement until five years after the customs duty on that good is to be eliminated in accordance with Schedules of Tariff Commitments in Annexes 2A (Schedules of Tariff Commitments), 2B (UAE Schedules of Tariff Commitments) and 2C (EAEU Schedules of Tariff Commitments).
2. Subject to paragraph 2 of Article 5.4 a Party may adopt a bilateral safeguard measure:
(a) only during the transition period; and
(b) if, as a result of the reduction or elimination of a customs duty under this Agreement, an originating good of a Party except for the goods under tariff rate quota in accordance with Schedules of Tariff Commitments in Annexes 2A (Schedules of Tariff Commitments), 2B (UAE Schedules of Tariff Commitments) and 2C (EAEU Schedules of Tariff Commitments) is being imported into the territory of the other Party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to constitute a substantial cause of serious injury, or threat thereof, to a domestic industry producing a like or directly competitive product.
3. If the conditions set out in paragraph 2 are met, a Party may, to the extent necessary to prevent or remedy serious injury or threat thereof:
(a) suspend the further reduction of any rate of customs duty on the good provided for under this Agreement; or
(b) increase the rate of customs duty on the good to a level not to exceed the lesser of:
(i) the most-favoured-nation applied rate of duty on the good in effect at the time the measure is applied; or
(ii) the base rate of the customs duty referred to the Schedule of Tariff Commitments in Annexes 2A (Schedules of Tariff Commitments), 2B (UAE Schedules of Tariff Commitments) and 2C (EAEU Schedules of Tariff Commitments);
(c) apply an import tariff rate quota for the good concerned <*>.
--------------------------------
<*> For the purposes of this Article, import tariff rate quota means the quantity of goods that is imported under the preferential customs duty rate in accordance with Schedules of Tariff Commitments in Annexes 2A (Schedules of Tariff Commitments), 2В (UAE Schedules of Tariff Commitments) and 2C (EAEU Schedules of Tariff Commitments) at the time the bilateral safeguard measure is taken. The applicable rate of customs duty for goods imported beyond in-quota quantity will be the rate of duty established in subparagraph (b) of paragraph 3.
The in-quota quantity under import tariff rate quota shall not be less than the level of a recent period, which shall be the average of imports in the last three representative years for which statistics are available.
Notification and Consultation
4. A Party shall promptly notify the other Party, in writing, upon:
(a) initiating a bilateral safeguard proceeding under this Chapter;
(b) making a finding of serious injury, or threat thereof, caused by increased imports under Article 5.5; and
(c) taking a decision to apply a provisional or final bilateral safeguard measure or extend a final bilateral safeguard measure.
5. The notification pursuant to subparagraph (a) of paragraph 4 shall contain all pertinent information including:
(a) a precise description of the originating good subject to the bilateral safeguard proceeding including its heading or subheading under the HS Code, on which the schedules of tariff commitments in Annex 2A (Schedules of Tariff Commitments), 2B (UAE Schedules of Tariff Commitments) and 2C (EAEU Schedules of Tariff Commitments) are based;
(b) the date of initiation of the bilateral safeguard proceeding;
(c) evidence used for initiation of the bilateral safeguard proceeding;
(d) the name, address, and telephone number of the investigating authority and
(e) summary of the timetable of the bilateral safeguard proceeding, including the deadlines to join the proceeding as interested parties.
6. The notification pursuant to subparagraph (b) of paragraph 4 shall contain all pertinent information including:
(a) a precise description of the originating good subject to the bilateral safeguard proceeding including its heading or subheading under the HS Code, on which the schedules of tariff commitments in Annexes 2A (Schedules of Tariff Commitments), 2B (UAE Schedules of Tariff Commitments) and 2C (EAEU Schedules of Tariff Commitments) are based;
(b) evidence of serious injury, or threat of serious injury, caused by increased imports of an originating good of another Party as a result of the reduction or elimination of a customs duty pursuant to this Agreement;
(c) a precise description of the proposed bilateral safeguard measure;
(d) the proposed date of introduction of the bilateral safeguard measure and its expected duration and
(e) timetable for the progressive removal of the measure if relevant.
7. The notification pursuant to subparagraph (c) of paragraph 4 shall contain all pertinent information including:
(a) a precise description of the originating good subject to the bilateral safeguard measure including its heading or subheading under the HS Code, on which the schedules of tariff commitments in Annexes 2A (Schedules of Tariff Commitments), 2B (UAE Schedules of Tariff Commitments) and 2C (EAEU Schedules of Tariff Commitments) are based;
(b) a precise description of the bilateral safeguard measure;
(c) the date of introduction of the bilateral safeguard measure and its expected duration;
(d) timetable for the progressive removal of the measure if relevant;
(e) in the case of an extension of the final bilateral safeguard measure, evidence that the domestic industry concerned is adjusting; and
(f) the compensation proposal in accordance with paragraph 22.
8. A Party shall provide to the other Party a copy of the non-confidential version of the report of its competent investigating authority under paragraph 15.
9. The Party whose product is subject to a bilateral safeguard proceeding under this Article, may request the other Party to enter into consultations within 30 days after the receipt of the notification under subparagraph (b) of paragraph 4. The requested Party shall reply to the request within 10 days from the date of its receipt. The consultations shall take place immediately, but not later than 30 days upon the reply to the request to arrive at a mutually agreed solution. Any agreed solution shall be laid down in writing and shall be binding upon the Parties. If no mutually agreed solution is reached within 40 days from the date of the receipt of the request, the importing Party may apply a final bilateral safeguard measure.
Limitations for Applying a Bilateral Safeguard Measure
10. Bilateral safeguard measures may not be applied in the first year after the entry into force of this Agreement.
11. A bilateral safeguard measure shall not be applied except to the extent and for such time as may be necessary to prevent or remedy serious injury and, it shall not be applied for a period exceeding two years. However, this period may be extended to up to one additional year if the competent investigating authority of the importing Party determine, in conformity with the procedures specified in paragraphs 15 and 17, that the measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment, and that there is evidence that the industry is adjusting, provided that the total period of application of a bilateral safeguard measure, including the period of initial application and any extension thereof, shall not exceed three years. The Party maintaining the measure beyond a two-year period shall progressively liberalise it at annual intervals during the period of application.
12. Neither Party shall apply a bilateral safeguard measure more than twice on the same good provided that the bilateral safeguard measure shall not be applied again on the same good for the period of time equal to that during which such measure had been previously applied.
13. Upon termination of the bilateral safeguard measure, the rate of duty shall be at the level which would have been in effect on the date of termination of the measure in accordance with Annexes 2A (Schedules of Tariff Commitments), 2B (UAE Schedules of Tariff Commitments) and 2C (EAEU Schedules of Tariff Commitments) of this Agreement had the measure not been imposed.
14. Bilateral safeguard measures shall not be applied or maintained after the end of the transition period. Following the termination of the transition period if requested by either Party the Joint Committee shall evaluate whether to continue the bilateral safeguard measures mechanism included in this Chapter in accordance with Article 16.1 (Joint Committee).
Investigation Procedures
15. A Party may apply a bilateral safeguard measure only following a bilateral safeguard proceeding by its competent authority pursuant to paragraphs 15 - 18. This bilateral safeguard proceeding shall include appropriate means in which importers, exporters, and other interested parties could present evidence and their views, including the opportunity to respond to the presentations of other parties and to submit their views.
16. Any information which is by nature confidential, or which is provided on a confidential basis shall, upon cause being shown, be treated as such by the competent authorities. Such information shall not be disclosed without permission of the party submitting it. Parties providing confidential information may be requested to furnish non-confidential summaries thereof or, if such parties indicate that such information cannot be summarised, the reasons why a summary cannot be provided. However, if the competent authorities find that a request for confidentiality is not warranted and if the party concerned is either unwilling to make the information public or to authorise its disclosure in generalised or summary form, the authorities may disregard such information unless it can be demonstrated to their satisfaction from appropriate sources that the information is correct.
17. In the proceeding to determine whether increased imports constitute a substantial cause of serious injury to a domestic industry or threat thereof under terms of this Article, the competent authorities shall evaluate all relevant factors of an objective and quantifiable nature having a bearing on the situation of that industry, in particular, the rate and amount of the increase in imports of the good concerned in absolute and relative terms, the share of the domestic market taken by increased imports, changes in the level of sales, production, productivity, capacity utilisation, profits and losses, and employment. This determination shall not be made unless the bilateral safeguard proceeding demonstrates, on the basis of objective evidence, the existence of the causal link between increased imports of the good concerned and serious injury or threat thereof. When factors other than increased imports are causing injury to the domestic industry at the same time, such injury shall not be attributed to increased imports.
18. Each Party shall ensure that its competent investigating authority complete any such bilateral safeguard proceeding within no more than one year of its date of initiation.
Provisional bilateral safeguard measures
19. In critical circumstances where delay would cause damage that would be difficult to repair, a Party may apply a bilateral safeguard measure on a provisional basis pursuant to a preliminary determination by its competent investigating authority that there is clear evidence that imports of an originating good from the other Party have increased as the result of the reduction or elimination of a customs duty under this Agreement, and that such imports constitute a substantial cause of serious injury, or threat thereof, to the domestic industry.
20. Before a Party applies a provisional bilateral safeguard measure it shall notify the other Party. This notification shall contain all relevant information, including preliminary evidence of serious injury or threat thereof caused by increased imports, a precise description of the product involved and the proposed measure, as well as the proposed date of introduction and expected duration. A Party shall not apply a provisional bilateral safeguard measure until at least 45 days after the date on which its competent investigating authority initiate a bilateral safeguard proceeding, in order to allow interested parties to submit evidence and views regarding the imposition of a provisional bilateral safeguard measure. Such measure should be promptly refunded if the subsequent proceeding referred to in paragraph 15 does not determine that increased imports constitute a substantial cause of serious injury to a domestic industry or threat thereof.
21. The duration of any provisional bilateral safeguard measure shall not exceed 200 days, during which time the Party shall comply with the requirements of paragraphs 15 - 17.
The duration of any provisional bilateral safeguard measure shall be counted as a part of the initial period of application of the bilateral safeguard measure and any extension referred to in paragraph 11.
Compensation
22. No later than 30 days after it applies a bilateral safeguard measure, a Party shall afford an opportunity for the other Party to consult with it regarding appropriate trade liberalising compensation in the form of concessions having substantially equivalent trade effects or equivalent to the value of the additional duties expected to result from the bilateral safeguard measure. The applying Party shall provide such compensation as the Parties mutually agree.
23. If the Parties are unable to agree on compensation within 30 days after consultations begin, unless the Parties agree otherwise, the Party against whose originating product the measure is applied may suspend the application of concessions with respect to originating product of the applying Party that have trade effects substantially equivalent to the bilateral safeguard measure.
24. A Party against whose product the bilateral safeguard measure is applied shall notify the Party applying the bilateral safeguard measure in writing at least 30 days before it suspends concessions in accordance with paragraph 23. The notification shall contain:
(a) description of the suspension of concessions, including a description of the equivalence of the suspension of concessions;
(b) precise description of the originating good subject to the suspension of concessions including its heading or subheading under the HS Code, on which the schedules of tariff commitments in Annexes 2A (Schedules of Tariff Commitments), 2B (UAE Schedules of Tariff Commitments) and 2C (EAEU Schedules of Tariff Commitments) are based, if relevant;
(c) form of the suspension of concessions;
(d) the date of introduction of the suspension of concessions and its expected duration.
25. The right of suspension referred in paragraph 23 shall not be exercised for the first 12 months during which a bilateral safeguard measure is in effect provided that the bilateral safeguard measure has been applied as a result of an absolute increase in imports of an originating good subject to a bilateral safeguard measure and conforms to the provisions of this Agreement.
26. The applying Party's obligation to provide compensation under paragraph 22 and the other Party's right to suspend concessions under paragraphs 23 and 25 shall terminate on the date the bilateral safeguard measure terminates.
The Parties shall seek to strengthen cooperation in the following areas:
(a) communication channels with respect to trade remedies (including investigations);
(b) cooperation and exchange of information between their competent authorities;
(c) trade remedy laws and practice.
1. All official communications and documentation exchanged between the Parties with respect to matters covered by this Chapter shall take place between the competent authorities of the Parties.
2. The Parties shall exchange information on the names and contacts of the competent authorities of the Parties, including contact details for information exchange by electronic means, within 30 days from the date of entry into force of this Agreement. The Parties shall promptly notify each other of any change to the competent authorities and their contact details.
3. All official communications and documentation, including notifications, submissions, and requests made under this Chapter between the competent authorities of the Parties shall also be sent by electronic means, if the exchange takes place in print format, subject to the requirement to protect confidential information. The Parties shall provide the electronic copies of notifications and requests made under this Chapter on the date when the official letters of notification or request in printed format are sent. This date shall be deemed to be the date of notification or request.
4. If a Party fails to send a notification, request or any submission as prescribed in this Article to the relevant competent authority of the other Party and by electronic means, the notification requirement according to this Chapter shall be deemed unfulfilled.
5. The Parties shall use the English language as a basis for communication with regard to all issues covered by this Chapter except documentation and public hearings within the framework of anti-dumping, countervailing, global safeguards investigations, bilateral safeguard proceedings, and reviews.
The definitions in Annex A of the SPS Agreement are incorporated into and part of this Chapter.
The objectives of this Chapter are to:
(a) protect human, animal, or plant life or health in the territories of the Parties while facilitating trade between them;
(b) strengthen communication, consultation, and cooperation between the Parties, particularly between the Parties' competent authorities;
(c) ensure that sanitary and phytosanitary measures implemented by a Party do not create unjustified barriers to trade; and
(d) enhance transparency in, and understanding of, the application of each Party's sanitary and phytosanitary measures.
This Chapter shall apply to all sanitary and phytosanitary measures of the Parties that may, directly or indirectly, affect trade between the Parties.
1. Except as otherwise provided in this Chapter, the SPS Agreement shall apply between the Parties and is incorporated into and forms part of this Agreement.
2. Nothing in this Chapter shall limit the rights and obligations that each Party has under the SPS Agreement.
1. If a Party adopts an emergency measure that is necessary for the protection of human, animal or plant life or health and may have an effect on the trade of the other Party, the notification shall be made:
(a) by using the WTO SPS notification submission system, if the Party is a WTO Member, and
(b) to the Competent Authority designated under Annex 6A (Competent Authorities), if the Party is not a Member of the WTO.
2. On the request of the other Party, a Party adopting any emergency measures shall engage in technical consultations.
3. The Party that adopted the emergency measure shall review that measure in a reasonable period of time in order to avoid a disruption in trade and to minimise its negative impact on trade.
1. The Parties recognise the value of transparency in the adoption and application of sanitary and phytosanitary measures and the importance of sharing information about such measures on an ongoing basis.
2. In implementing this Article, each Party should take into account relevant guidance of the WTO SPS Committee and international standards, guidelines, and recommendations.
3. Each Party agrees to notify a proposed sanitary or phytosanitary measure that may have an effect on the trade of the other Party,
(a) by using the WTO SPS notification submission system, if the Party is a WTO Member, and
(b) to the Competent Authority designated under: Annex 6A (Competent Authorities), if the Party is not a Member of the WTO.
4. A Party shall provide to the other Party, on request, copies of sanitary and phytosanitary measures related to the importation of a product into that Party's territory.
5. Each Party shall allow at least 60 days for the other Party to present comments on die proposed sanitary or phytosanitary measures except where urgent problems of health protection arise or threaten to arise. When a Party is able to provide a time limit beyond 60 days for comments, it is encouraged to do so.
6. Each Party shall take the comments of the other Party into account and shall provide responses to these comments upon request.
The Parties may explore opportunities for further cooperation, collaboration, and information exchange between them on sanitary and phytosanitary matters of mutual interest, consistent with this Chapter.
1. To facilitate communication on matters covered by this Chapter, each Party shall notify the other Party of its contact points within 30 days from the entry into force of this Agreement.
2. For the purposes of implementing this Chapter, the competent authorities of the Parties shall be those listed in Annex 6A (Competent Authorities)
3. Each Party shall keep information on its contact points and competent authorities up to date.
1. The Parties agree to enhance cooperation on matters pertaining to adaptation to regional conditions of the Parties, including the recognition of pest- or disease-free areas, areas of low pest or disease prevalence, taking into account relevant guidelines and recommendations of the WTO Committee on Sanitary and Phytosanitary Measures, the IPPC, the WOAH.
2. The Parties may define further details for the procedure for the recognition of such areas, including procedures for the recognition of such areas, when there has been a pest or disease outbreak, taking into account the SPS Agreement and any relevant WOAH and IPPC standards, guidelines, or recommendations.
3. If the importing Party does not accept the evidence provided by the exporting Party, both Parties upon agreement enter into discussion to provide necessary explanations.
4. The Parties shall promote cooperation of their responsible authorities in order to facilitate implementation of this Article.
1. The Parties acknowledge that recognition of equivalence is an important means to facilitate trade.
2. The Parties may recognise equivalence of an individual measure or groups of measures or SPS regulatory systems if the exporting Party objectively demonstrates to the importing Party appropriate level of sanitary or phytosanitary protection.
3. Parties shall, upon agreement, enter into consultations with the aim of achieving bilateral arrangements on recognition of the equivalents of specified sanitary or phytosanitary measures.
4. The Parties agree to enhance cooperation on matters pertaining to recognising equivalence of an individual measure or groups of measures or systems of the Parties taking into account relevant guidelines and recommendations of the WTO Committee on Sanitary and Phytosanitary Measures, the IPPC, the WOAH and the Codex Alimentarius.
1. Except as otherwise provided in this Chapter, an importing Party normally shall not suspend trade with the other Party on the basis of one consignment failing to conform to its SPS requirements.
2. The Parties shall promote the use of electronic technologies and other technologies to facilitate trade while applying SPS measures.
3. Import checks carried out on products imported from the exporting Party shall be based on the SPS risk associated with such importations. Such import checks shall be carried out without undue delay.
1. Where a Party considers that a sanitary or phytosanitary measure of the other Party is affecting its trade with that Party, it may, through the relevant contact points, send a request in writing for technical consultations with the aim of resolving the matter.
2. The requested Party shall enter into technical consultations within a period not exceeding 60 days, unless otherwise mutually agreed, with a view to finding a mutually satisfactory solution. Technical consultations may be conducted via any means mutually agreed by the Parties concerned.
3. If a requesting Party considers that the matter is urgent, it may request that any discussions take place within a shorter time frame than it is determined in paragraph 2.
4. Both Parties agree to cooperate in the field of audit and inspections and shall provide the audited or inspected Party the opportunities to comment on the findings of the audits or inspections.
5. In order to hold technical consultations, each Party shall endeavour to provide all necessary information within a reasonable period of time following the receipt of the request for technical consultations.
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<*> In the event of any change to the above-mentioned information, the respective Party will notify the other Party on such a change through its contact points.
For the purposes of Chapter 6 (Sanitary and Phytosanitary Measures), the Competent Authorities of each Party are as follows:
1. for the Eurasian Economic Union:
(a) Eurasian Economic Commission or its successor.
2. for the Republic of Armenia:
(a) Food Safety Inspection Body under the Government or its successor.
3. for the Republic of Belarus:
(a) Ministry of Agriculture and Food or its successor;
(b) State Institution "Main State Inspectorate for Seed Breeding, Quarantine, and Plant Protection" or its successor;
(c) Ministry of Healthcare or its successor;
(d) State Institution "Republican Center for Hygiene, Epidemiology, and Public Health" or its successor.
4. for the Republic of Kazakhstan:
(a) Ministry of Agriculture or its successor;
(b) Committee for Veterinary Control and Supervision of the Ministry of Agriculture or its successor;
(c) State Inspection Committee in the Agro-industrial complex of the Ministry of Agriculture or its successor;
(d) Ministry of Healthcare or its successor;
(e) Committee of Sanitary and Epidemiological Control of the Ministry of Healthcare or its successor.
5. for the Kyrgyz Republic:
(a) Veterinary Service under the Ministry of Water Resources, Agriculture and Processing Industry or its successor;
(b) Department of Chemicalization, Plant Protection and Quarantine of the Ministry of Water Resources, Agriculture and Processing Industry or its successor.
6. for the Russian Federation:
(a) Federal Service for Veterinary and Phytosanitary Surveillance (Rosselkhoznadzor) or its successor;
(b) Federal Service for Surveillance on Consumer Rights Protection and Human Wellbeing (Rospotrebnadzor) or its successor.
7. for the United Arab Emirates:
(a) Food Diversity Sector, Ministry of Climate Change, and Environment or its successor;
(b) Public Health Sector, Ministry of Health and Prevention, or its successor.
For the purposes of this Chapter the definitions shall be those contained in Annex 1 of the TBT Agreement.
The objective of this Chapter is to facilitate trade in goods between the Parties, including by eliminating unnecessary technical barriers to trade, enhancing transparency, strengthening, and encouraging cooperation between the respective authorities or bodies.
1. This Chapter shall apply to the preparation, adoption, and application of all standards, technical regulations, and conformity assessment procedures of central level government bodies of the Parties that may affect trade in goods between the Parties.
2. Notwithstanding paragraph 1, this Chapter shall not apply to:
(a) purchasing specifications prepared by a governmental body for its production or consumption requirements; or
(b) sanitary or phytosanitary measures which are covered by Chapter 6 (Sanitary and Phytosanitary Measures).
1. Except as otherwise provided in this Chapter, the TBT Agreement is incorporated into and made part of this Agreement.
2. Nothing in this Chapter shall limit the respective rights and obligations that each Party has under the TBT Agreement.
1. Each Party shall use relevant international standards, guides, and recommendations, to the extent provided in Articles 2.4 and 5.4 of the TBT Agreement, as a basis for its technical regulations and conformity assessment procedures unless those standards are ineffective or inappropriate for achieving the legitimate objectives pursued.
2. The determination whether an international standard, guide, or recommendation within the meaning of Articles 2 and 5 and Annex 3 of the TBT Agreement exists, shall be based on the principles in the Decisions and Recommendations adopted by the WTO Committee on Technical Barriers to trade since 1 January 1995 (G/TBT/1/REV/15) or its revision.
1. The Parties shall rely on international standards in the development of their technical regulations unless such international standards are ineffective or inappropriate for achieving the legitimate objective pursued. Each Party shall, upon the request of the other Party, explain why it has not used international standards as a basis for the development of its technical regulations.
2. Each Party shall give positive consideration to accepting technical regulations of the other Party as equivalent to its own, even if these regulations differ from its own, provided that it is satisfied that these regulations adequately fulfil the objectives of its own regulations.
3. Each Party shall explain, at the request of the other Party, the reasons for that it has not accepted a request by the other Party.
1. The Parties recognise that depending on the specific sectors involved, a broad range of mechanisms exists to facilitate the acceptance in a Party's territory of the results of conformity assessment procedures conducted in the other Party's territory. Such mechanisms may include, but are not limited to:
(a) the use of accreditation to qualify conformity assessment bodies, including through relevant multilateral agreements or arrangements, to recognise the accreditation granted by the other Party
(b) mutual recognition agreements for the results of conformity assessment procedures conducted by bodies in the other Party
(c) voluntary arrangements between conformity assessment bodies in the territory of each Party
(d) accepting a supplier's declaration of conformity where appropriate
(e) other mechanisms as mutually agreed.
2. Each Party shall ensure, whenever possible, that the results of conformity assessment procedures conducted in the territory of the other Party are accepted, even when those procedures differ from its own, provided that those procedures offer a satisfactory assurance of applicable technical regulations or standards equivalent to its own procedures. Where a Party does not accept the results of a conformity assessment procedure conducted in the territory of the other Party, it shall, on request of the other Party, explain the reasons for its decision.
3. In order to enhance confidence in the consistent reliability of conformity assessment results, the Parties may consult on matters such as the technical competence of the conformity assessment bodies involved.
4. Each Party shall give positive consideration to a request by the other Party to engage into consultations to negotiate agreements or arrangements for the mutual recognition of the results of their respective conformity assessment procedures. For that purpose, the request shall identify specific products, the respective requirements for such products and any other information in relation to the conformity assessment procedures for such products.
5. Where a Party declines a request from the other Party to engage in negotiations or conclude an agreement on facilitating recognition in its territory of the results of conformity assessment procedures conducted by bodies in the other Party's territory, it shall, on request of the other Party, explain the reasons for its decision.
6. The Parties shall endeavour to intensify their exchange of information on the range of mechanisms relevant to conformity assessment procedures in their respective territories with a view to facilitating the acceptance of conformity assessment results.
1. The Parties acknowledge the importance of transparency with regard to the preparation, adoption and application of standards, technical regulations, and conformity assessment procedures.
2. Each Party should provide the period for comments of at least 60 days following the publication of a notice of the kind envisaged in Articles 2.9 and/or 5.6 of the TBT Agreement, except for situations where urgent problems of safety, health, environmental protection, or national security arise or threaten to arise for the Parties.
3. Each Party should allow at least 180 days from the adoption of a technical regulation and/or conformity assessment procedure and their/its entry into force, except for situations where urgent problems of safety, health, environmental protection, or national security arise or threaten to arise for the Parties.
4. The Parties shall, to the fullest extent possible, endeavour to exchange information in the English language.
1. The Parties shall strengthen their cooperation in the field of standards, technical regulations, and conformity assessment procedures with a view to:
(a) increasing the mutual understanding of their respective standards, technical regulations, and conformity assessment procedures;
(b) enhancing cooperation between the Parties' regulatory agencies on matters of mutual interests including health, safety, and environmental protection;
(c) strengthening communications and coordination with each other, where appropriate, in the context of discussions on the equivalence of technical regulations and related issues in international fora, such as the WTO Committee on Technical Barriers to Trade;
(d) facilitating trade by promoting the use of good regulatory practices; and
(e) enhancing cooperation, as appropriate, to ensure that technical regulations and conformity assessment procedures are based on international standards or the relevant parts of them and do not create unnecessary obstacles to trade between the Parties.
2. In order to achieve the objectives set out in paragraph 1, the Parties shall, as mutually agreed and to the extent possible, co-operate on regulatory issues, which may include the:
(a) promotion of good regulatory practices based on risk management principles;
(b) exchange of information with a view to improving the quality and effectiveness of their standards, technical regulations and conformity assessment procedures;
(c) development of joint initiatives for managing risks to health, safety, or the environment, and preventing deceptive practices; and
(d) exchange of market surveillance information where appropriate.
1. All communication between the Parties on any matter covered by this Chapter shall be conducted through the Contact Points designated Article 7.11.
2. On request of a Party for technical discussions on any matter arising under this Chapter, the Parties shall endeavour, to the extent practicable, to enter into technical discussions by notifying the Contact Points designated under Article 7.11.
1. For the purposes of this Chapter, the Contact Points are:
(a) For the EAEU: the Eurasian Economic Commission; and
(b) For the UAE: the Standardization Affairs Sector, the Ministry of Industry and Advanced Technology.
2. Each Party shall promptly notify the other Party of any change of its Contact Point.
3. The communication between contact points referred to in paragraph 1 shall be in the English language.
For purposes of this Chapter:
electronic authentication means the process or act of verifying the identity of a party to an electronic communication or transaction and ensuring the integrity of an electronic communication;
electronic signature means data in electronic form that is in, affixed to, or logically or cryptographically associated with information in electronic form (or signed electronic document), and that may be used to identify or verify the signatory in relation to the electronic document and indicate the signatory's approval of the information contained in the electronic document;
open data means non-proprietary information, including data, made freely available to the public by the central level of government.
For greater certainty, each Party determines the list of open data, which can be publicly available;
personal data means any information including data that refers to an identified or identifiable natural person;
unsolicited commercial electronic message means an electronic message which is sent for commercial or marketing purposes to an electronic address, without the consent of the recipient or despite the explicit rejection of the recipient, through an Internet access service supplier or, to the extent provided for under the laws and regulations of each Party, other telecommunications service.
1. The Parties recognise the economic growth and opportunity that electronic commerce provides, the importance of avoiding barriers to its use and development, the importance of frameworks that promote consumer confidence in electronic commerce and the applicability of the WTO Agreement to measures affecting electronic commerce.
2. The Parties seek to foster an environment conducive to the further advancement of electronic commerce and the digital transformation of the global economy, by strengthening their relations on these matters.
1. This Chapter shall apply to measures adopted or maintained by a Party affecting electronic commerce.
2. This Chapter shall not apply to:
(a) government procurement;
(b) information held or processed including information collected or transferred, by or on behalf of a Party, or measures related to such information, including measures related to its collection, holding, processing or transfer.
1. The Parties reaffirm their current approach, corresponding to the WTO Declaration on Global Electronic Commerce of 20 May 1998 and the WTO Work Programme on Electronic Commerce of 25 September 1998.
2. The Parties reserve the right to adjust their approach referred to in paragraph 1 in accordance with any further WTO Ministerial Decisions in relation to the Work Programme on Electronic Commerce of 25 September 1998.
3. For greater certainty, this Article shall not preclude a Party from imposing internal taxes, fees or other charges on content transmitted digitally or electronically, provided that such taxes, fees or charges are imposed in a non-discriminatory manner.
1. Each Party shall to the extent possible take into account, in its laws and regulations, applicable guidelines, agreements and model laws related to electronic commerce.
2. Each Party shall endeavour to:
(a) avoid any unnecessary regulatory burden on electronic transactions; and
(b) facilitate input by interested persons in the development of its legal framework for electronic transactions, including in relation to documents required for import, export, or transit of goods.
1. A Party shall not deny the legal effect and legal validity of a signature solely on the basis that the signature is in electronic form, unless otherwise provided for in its laws and regulations.
For greater certainty, electronic signatures as referred to in this paragraph shall comply with legal requirements prescribed by the laws and regulations of a Party.
2. Neither Party shall adopt or maintain measures regarding authentication that would:
(a) prohibit parties to an electronic transaction from mutually determining the appropriate authentication methods for that transaction; or
(b) prevent parties to an electronic transaction from having the opportunity to establish before judicial or administrative authorities that their transaction complies with any legal requirements with respect to authentication.
3. The Parties shall endeavour to work towards a better understanding of each other's laws and regulations related to electronic signatures and electronic authentication.
4. The Parties shall endeavour to mutually recognise electronic signatures, where applicable.
5. To encourage the mutual recognition of electronic signatures, the Parties shall consider the developments available in both Parties that would provide a high level of data protection and data integrity.
1. With a view to creating a paperless border environment for trade of goods, the Parties recognise the importance of eliminating paper forms and documents required for import, export, or transit of goods. To this end, the Parties are encouraged to eliminate paper forms and documents, as appropriate, and transition toward using forms and documents in electronic format.
2. The Parties shall make forms issued or controlled by its customs authority for import, export, or transit of goods through its territory available to the public in an electronic format.
3. The Parties shall endeavour to accept documents issued or controlled by customs authorities for import, export or transit of goods through its territory submitted in electronic format as the legal equivalent of the paper version of those documents.
1. The Parties recognise the importance of transparent and effective measures that enhance consumer confidence and trust in electronic commerce.
2. The Parties shall adopt or maintain measures that protect consumers' rights by proscribing misleading, fraudulent and deceptive commercial activities that cause harm, or potential harm, to consumers engaged in electronic commerce.
3. The Parties shall afford to consumers who are engaged in electronic commerce protection at a level not less than that afforded to consumers who are engaged in other forms of commerce.
4. To protect consumers engaged in electronic commerce, the Parties shall endeavour to adopt or maintain measures that aim to ensure:
(a) fair and honest dealing between suppliers and consumers of goods;
(b) provision by suppliers complete, accurate, and transparent information on goods including any terms and conditions of purchase; and
(c) safety and quality of goods during normal or reasonably foreseeable use.
5. The Parties shall promote access to and awareness of consumer redress or recourse mechanisms, including for consumers transacting cross-border.
6. The Parties recognise the importance of cooperation between their respective consumer protection agencies including the exchange of information and best practices, as well as cooperation in appropriate cases of mutual concern regarding the violation of consumer rights in relation to electronic commerce.
1. The Parties recognise the economic and social benefits of protecting the personal data of persons who conduct or engage in electronic commerce and the contribution that this makes to enhancing consumer confidence in electronic commerce.
2. Each Party shall endeavour to adopt or maintain measures that ensure the protection of personal data, including cross-border transfer and processing of personal data and the conditions and requirements relating to it in accordance with their laws and regulations.
3. In the development of any legal framework for the protection of personal data, each Party should endeavour to take into account principles and guidelines of relevant international organisations.
4. The Parties reserve the right to limit cross-border transfer of personal data when such transfer is effected from one Party to another through the territory of a non-Party to this Agreement.
5. The Parties shall endeavour to ensure obtaining the individual's consent for cross-border transfer of his personal data, except for the cases provided by the Party's laws and regulations.
Each Party recognises the benefits of consumers in their territories having the ability to:
(a) Access and use services and applications of their choice, available on the Internet, or run services and applications of their choice unless prohibited by the Party's laws and regulations;
(b) Connect the devices of their choice to the Internet, provided that such devices do not harm the network and are not otherwise prohibited by the Party's law.
1. Each Party will take into account the importance of minimising the quantity of unsolicited commercial electronic messages.
2. Each Party shall endeavour to provide recourse against a supplier of unsolicited commercial electronic messages that does not comply with a measure adopted or maintained in accordance with the approach indicated in paragraph 1.
3. The Parties shall endeavour to cooperate in appropriate cases of mutual concern regarding the regulation of unsolicited commercial electronic messages.
1. Recognising the importance of the free flow of information in reducing regulatory burden and facilitating trade, the Parties shall endeavour to maintain the cross-border transfer of information by electronic means, provided that such information shall be used for business purposes and in accordance with Party's laws and regulations.
2. This Article shall not apply to measures related to transfer of personal data.
1. The Parties recognise that improvement of the public access to and use of open data contributes to the facilitation and development of the electronic commerce.
2. To the extent that a Party chooses to make open government data digitally available for public access and use, a Party shall endeavour to ensure that such data is:
(a) made available in a machine-readable and open format;
(b) searchable and retrievable;
(c) updated, as applicable, in a timely manner; and
(d) accompanied by metadata that is, to the extent possible, based on commonly used formats that allow the user to understand and utilise the data.
3. The Parties shall ensure that the user of the open government data has the right to:
(a) reproduce, copy and publish open government data;
(b) distribute open government data and regroup its components; and
(c) modify or retrieve information from open government data.
4. For greater certainty, where possible, when using the open data a link to source should be provided.
5. The Parties shall endeavour to cooperate to identify ways in which each Party can expand access to and use of open data, with a view to enhancing and generating business and research opportunities. Such cooperation may include:
(a) knowledge and experience sharing on best practices related to open data access and use;
(b) consultations and training for assistance in building open data capacity.
1. The Parties recognise that technology can enable more efficient and agile government operations, improve the quality and reliability of government services, and enable governments to better serve the needs of their citizens and other stakeholders.
2. To this end, the Parties shall endeavour to develop and implement national strategies for digitalisation of their respective government operations and services.
3. Recognising that the Parties can benefit by sharing their experiences in digitalisation of the government, the Parties shall endeavour to cooperate on activities relating to the digitalisation of the government and government services, which may include exchange of information and best practices in this sphere.
1. The Parties recognise the importance of electronic invoicing to improve the efficiency, accuracy and reliability of commercial transactions.
2. To this end, the Parties shall endeavour to:
(a) encourage, support or facilitate the adoption of electronic invoicing by enterprises; and
(b) share best practices and promote the adoption of interoperable international digital and electronic invoicing systems.
1. Recognising the importance of electronic commerce to the development of the Parties' economies, the Parties shall endeavour to maintain a dialogue on regulatory matters relating to electronic commerce with a view to sharing information and experiences, as appropriate, including on related laws, regulations, and their implementation, and best practices with respect to electronic commerce, including in relation to:
(a) consumer protection in electronic commerce;
(b) personal data protection;
(c) paperless trading;
(d) unsolicited commercial electronic messages;
(e) electronic authentication and electronic signatures; and
(f) digitalisation of the Government.
2. Recognising the importance of cooperation between the Parties in areas not covered by this Chapter, but directly affecting electronic commerce, the Parties will seek to cooperate in these issues, including inter alia:
(a) digital or electronic payments;
(b) digital identities;
(c) information security; and
(d) digital products.
3. The Parties shall endeavour to promote dialogue and communication between private sector representatives of the Parties involved in electronic commerce including by organising conferences, seminars and expert dialogues.
For the purposes of this Chapter:
intellectual property embodies:
(a) copyright, including copyright in computer programmes and in databases, and related rights;
(b) patents for inventions, utility models and industrial designs;
(c) trademarks;
(d) layout-designs (topographies) of integrated circuits;
(e) geographical indications <*> or appellations of origin of goods <**>;
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<*> For the purposes of this Chapter "geographical indications" means an indication which identifies a good as originating in the territory of a Party or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin, as defined in Article 22 of the TRIPS Agreement.
<**> For the purposes of this Chapter "appellations of origin of goods" means a geographical denomination that constitutes or contains contemporary or historical, official or unofficial, full or abbreviated name of a country, region or locality or other geographical area, which became known through its use in the country of origin in relation to the goods, the quality and characteristics of which are exclusively or essentially determined by the geographical environment, including natural and human factors.
(f) plant varieties; and
(g) undisclosed information;
national means natural or legal persons who are domiciled or have a real and effective industrial or commercial establishment within the customs territories of the Parties;
WIPO means the World Intellectual Property Organization.
The protection and enforcement of intellectual property rights should contribute to the promotion of trade, investment, technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and, in a manner conducive to social and economic welfare, to a balance of rights and obligations.
Nothing in this Chapter shall prevent a Party from adopting appropriate measures to prevent the abuse of intellectual property rights by right holders or the resort to practices that unreasonably restrain trade or adversely affect the international transfer of technology provided that such measures are consistent with this Agreement.
A Party may, but shall not be obliged to, provide more extensive protection for, or enforcement of, intellectual property rights under its laws and regulations than is required by this Chapter. Each Party shall be free to determine the appropriate method of implementing the provisions of this Chapter within its own legal system and practice.
1. The Parties, which are party to the TRIPS Agreement, reaffirm their rights and obligations set out therein, including in its interpretative notes as well as in any exceptions, exemptions and waivers to the obligation applicable under the WTO Agreement. The Parties, which are not party to the TRIPS Agreement, shall endeavour to follow the principles and provisions of the TRIPS Agreement.
2. The Parties reaffirm their commitments established in existing international agreements in the field of intellectual property rights, to which the Parties are parties, including the following:
(a) Paris Convention for the Protection of Industrial Property, done on 20 March 1883, as revised by the Stockholm Act of 1967 ("Paris Convention");
(b) Berne Convention for the Protection of Literary and Artistic Works, done on 9 September 1886, as revised by the Paris Act of 1971;
(c) International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, done on 26 October 1961;
(d) Patent Cooperation Treaty, done on 19 June 1970, as revised on 3 October 2001;
(e) Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms, done on 29 October 1971;
(f) Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, done on 27 June 1989;
(g) WIPO Performances and Phonograms Treaty, done on 20 December 1996 ("WPPT");
(h) WIPO Copyright Treaty, done on 20 December 1996 ("WCT");
(i) Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the Purposes of Patent Procedure, done on 28 April 1977.
3. Each Party shall endeavour to follow the principles and provisions of the following agreements, if it is not already a party to that agreement:
(a) Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, done on 27 June 2013; and
(b) International Convention for the Protection of New Varieties of Plants, done on 2 December 1961 as revised on 19 March 1991.
The Parties recognise the principles established in the Declaration on the TRIPS Agreement and Public Health, done on 14 November 2001 by the Ministerial Conference of the WTO.
1. Each Party shall endeavour, subject to its laws and regulations, to make information concerning application and registration of trademarks, geographical indications or appellations of origin of goods, layout designs (topographies) of integrated circuits, industrial designs, patents for inventions, utility models and plant variety rights accessible for the interested persons of the Parties.
2. The Parties also acknowledge the importance of informational materials, such as publicly accessible databases of registered intellectual property rights that assist in the identification of subject matter that has fallen into the public domain.
3. Each Party shall endeavour to make available such information in the English language.
1. Unless otherwise provided in this Chapter, this Chapter gives rise to obligations in respect of all subject matter existing at the date of entry into force of this Agreement for a Party and that is protected on that date in the territory of a Party where protection is claimed, or that meets or comes subsequently to meet the criteria for protection under this Chapter without unreasonably impairing the fair interest of a third party.
2. Unless provided in this Chapter, a Party shall not be required to restore protection to subject matter that on the date of entry into force of this Agreement for that Party has fallen into the public domain in its territory.
3. This Chapter does not give rise to obligations in respect of acts that occurred before the date of entry into force of this Agreement for a Party.
Nothing in this Chapter shall be used to address the issue of the exhaustion of intellectual property rights.
The Parties shall provide adequate and effective protection of trademarks for goods and services in accordance with its respective laws and regulations, the international agreements to which the Parties are parties and Articles 15 through 21 of the TRIPS Agreement.
For the purposes of identifying infringements under Article 16 of the TRIPS Agreement, the usage of a sign <*> means for each Party when a person uses a sign in any way provided for in the laws and regulations of such Party.
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<*> For greater certainty the Parties understand that this provision may apply equally to use of a sign in the digital environment.
1. No Party may require as a condition for determining that a trademark is well-known that the trademark has been registered in that Party or in another jurisdiction.
2. The Parties shall at least in accordance with Article 6 bis of the Paris Convention and Articles 16.2 and 16.3 of the TRIPS Agreement provide protection of well-known trademarks.
3. Each Party recognises the importance of the Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks as adopted by the Assembly of the Peiris Union for the Protection of Industrial Property and the General Assembly of WIPO at the Thirty-Fourth Series of Meetings of the Assemblies of the Member States of WIPO 20 - 29 September 1999.
4. Each Party shall provide for appropriate measures to refuse the application or cancel the registration and prohibit the use of a trademark that is identical or similar to a well-known trademark <*>, for identical or similar goods or services, if the use of that trademark is likely to cause confusion with the prior well-known trademark. A Party may also provide such measures including in cases in which the subsequent trademark is likely to deceive.
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<*> The Parties understand that a well-known trademark is one that was already well-known before, as determined by a Party, the application for, registration of or use of the first-mentioned trademark.
Each Party shall establish and maintain a system for registration of trademarks, which shall include:
(a) a requirement to provide to the applicant a communication in writing about the reasons for a refusal to register a trademark. Such communication may be provided electronically;
(b) a requirement that decisions on cancellation proceedings be reasoned and provided in writing. Such written decisions may be provided electronically; and
(c) an opportunity for interested persons to seek cancellation and invalidation of a trademark after it has been registered.
Each Party shall endeavour to establish and maintain:
(a) a system for the electronic application for, and maintenance of, trademarks; and
(b) a publicly available electronic information system, including an online database, of registered trademarks.
Each Party shall adopt or maintain a trademark classification system that is consistent with the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks done on 15 June 1957, as revised and amended.
Each Party shall provide that initial registration and each renewal of registration of a trademark is for a term of no less than 10 years.
Each Party shall provide the legal means for interested persons of the other Parties to prevent commercial use of the country name of the Parties in relation to a good in a manner that misleads consumers as to the origin of that good.
1. The Parties ensure adequate and effective legal protection of geographical indications or appellations of origin of goods in accordance with their respective laws and regulations and Articles 22 and 23 of the TRIPS Agreement.
2. The Parties recognise that geographical indications or appellations of origin of goods may be protected by registration or recognition through a trademark or sui generis system or other legal means in accordance with their respective laws and regulations.
Each Party shall in accordance with its respective laws and regulations provide that protection or recognition to geographical indications or appellations of origin of goods shall be valid for the period no less than 10 years.
If a Party grants protection or recognition to a geographical indication that protection or recognition shall commence no earlier than the filing date <*> in the Parties or the registration date in the Parties, as applicable.
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<*> For greater certainty, the filing date referred to in this Article includes, as applicable, the priority filing date under the Paris Convention.
1. The Parties shall in accordance with their respective laws and regulations, international agreements to which the Parties are parties and Articles 27 through 34 of the TRIPS Agreement provide adequate and effective protection of inventions.
2. The Parties shall in accordance with their respective laws and regulations provide adequate and effective legal protection of utility models.
The Parties shall in accordance with their respective laws and regulations, international agreements to which the Parties are parties and Articles 25 and 26 of the TRIPS Agreement provide adequate and effective legal protection of industrial designs.
1. Each Party shall disregard information contained in public disclosure of an invention related to an application to register a patent <*> if the public disclosure:
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<*> For greater certainty, patent may include utility model in accordance with laws and regulations.
(a) was made by the inventor, applicant or a person that obtained the information from the inventor or applicant of that Party, regardless of that disclosure was made inside or outside the territory of each Party; and
(b) occurred within at least 6 months prior to the date of filing of the application according to the laws and regulations of that Party.
2. Each Party shall disregard information contained in public disclosure of a design related to an application to register an industrial design if the public disclosure:
(a) was made by the designer <*>, applicant or a person that obtained the information from the designer or applicant regardless of that disclosure was made inside or outside the territory of each Party; and
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<*> For greater certainty, "designer" may be interpreted as an "author, creator, or inventor" in the EAEU.
(b) occurred within at least 6 months prior to the date of filing of the application according to the laws and regulations of that Party.
Each Party shall provide a system for the examination and registration of patents for inventions, utility models or industrial designs which includes among other things:
(a) communicating to the applicant in writing, which may be by electronic means, the reasons for any refusal to register patents for inventions, utility models or industrial designs;
(b) providing the applicant with an opportunity to respond to communications from the competent authorities, to contest any initial refusal, and to make a judicial appeal of any final refusal to register patents for inventions, utility models or industrial designs;
(c) providing an opportunity for interested persons to seek cancellation or invalidation of a registered patents for inventions, utility models or industrial designs, and in addition may provide an opportunity for interested persons to oppose the registration of patents for inventions, utility models or industrial designs; and
(d) making decisions in opposition, cancellation, or invalidation proceedings to be reasoned and in writing, which may be delivered by electronic means.
2. Each party shall endeavour to provide the possibility to file patent applications electronically.
Each Party shall provide an applicant for patents for inventions, utility models or industrial design with at least one opportunity to make amendments, corrections or observations in connection with its application.
1. The Parties shall ensure that requirements for securing or enforcing registered industrial design protection do not unreasonably impair the opportunity to obtain or enforce such protection.
2. The duration of protection available for registered industrial designs shall be determined according to the laws and regulations of each Party.
The Parties shall in accordance with their respective laws and regulations, international agreements to which the Parties are parties and Articles 35 through 38 of the TRIPS Agreement provide adequate and effective legal protection of layout designs (topographies) of integrated circuits.
1. The Parties shall in accordance with their respective laws and regulations, international agreements to which the Parties are parties and Articles 9 through 14 of the TRIPS Agreement provide adequate and effective protection of rights and interests pertaining to authors, performers, producers of phonograms and broadcasting organisations for their works, performances, phonograms and broadcasts, respectively.
2. In addition to the protection provided for in the international agreements in Article 9.5 each Party shall endeavour to grant and ensure protection to performers for their audiovisual and visual performances at least on the level provided for in the Beijing Treaty on Audiovisual Performances, done on 24 June 2012.
3. Each Party may provide for the same kinds of limitations or exceptions with regard to the protection of performers for their visual and audiovisual performances, to the protection of broadcasting organisations as it provides for in its laws and regulations in connection with the protection of copyright in literary and artistic works.
The Parties shall provide that the term of protection of a work, performance or phonogram is to be calculated according to the international agreements to which Parties are parties and their respective laws and regulations.
The Parties shall endeavour to achieve an appropriate balance in its copyright and related rights system, among other things by means of exceptions, exemptions and waivers to the obligations set out in Articles 9 through 14 of the TRIPS Agreement applicable under the WTO Agreement.
The Parties shall in accordance its laws and regulations provide that for copyright and related rights, any person acquiring or holding exclusive rights <*> in a work, performance or phonogram:
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<*> For greater certainty, this provision does not affect the exercise of moral rights.
(a) may freely and separately transfer that right by contract; and
(b) by virtue of contract, including contracts of employment underlying the creation of works, performances or phonograms, shall be able to exercise that right in that person's own name and enjoy fully the benefits derived from that right <*>.
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<*> Nothing in this Article affects a Party's ability to establish: (i) which specific contracts underlying the creation of works, performances or phonograms shall, in the absence of a written agreement, result in a transfer of economic rights by operation of law; and (ii) reasonable limits to protect the interests of the original right holders, taking into account the legitimate interests of the transferees.
1. The Parties shall provide adequate protection and effective legal remedies against the circumvention of effective technological measures in accordance with the WCT and the WPPT.
2. The Parties shall provide protection of rights management information in accordance with the WCT and the WPPT.
3. Any exceptions to the obligations set out in this Article that are provided in a Party's respective laws and regulations may apply only to the extent that they do not impair the adequacy of legal protection or the effectiveness of legal remedies against the circumvention of effective technological measures.
The Parties recognise the role of collective management societies for copyright and related rights in collecting and distributing royalties based on practices that are fair, efficient, transparent and accountable, which may include appropriate record keeping and reporting mechanisms in accordance with their laws and regulations.
1. The Parties shall ensure that the enforcement of intellectual property rights complies with their respective laws and regulations, international agreements to which the Parties are parties and the TRIPS Agreement, in particular Articles 41 through 61.
2. The Parties shall make available to right holders civil, administrative and judicial procedures concerning the enforcement of intellectual property rights.
3. The Parties shall endeavour to provide enforcement of intellectual property rights in digital environment.
1. Each Party shall, in conformity with its law and regulations and the provisions of Part III, Section 4 of the TRIPS Agreement adopt or maintain procedures to enable a right holder, who has valid grounds for suspecting that the importations of counterfeit trademark or pirated copyright goods may take place, to lodge an application in writing with the competent authorities, in the Party in which the border measure procedures are applied, for the suspension by that Party's customs authorities of the release into free circulation of such goods.
2. A Party may enable such an application to be made in respect of goods which involve other infringements of intellectual property rights, provided that the requirements of Part III, Section 4 of the TRIPS Agreement are met. A Party may also provide for corresponding procedures concerning the suspension by the customs authorities of the release of infringing goods destined for exportation from their territory as per its laws and regulation.
The Parties may cooperate on the subject matters covered by this Chapter, such as through appropriate coordination, training and exchange of information between the respective intellectual property offices of the Parties, or other institutions, as determined by the Parties. Cooperation activities and initiatives undertaken under this Chapter shall be subject to the availability of resources, and on request, and on terms and conditions mutually agreed upon between the Parties. Cooperation may cover areas such as:
(a) intellectual property administration and registration systems;
(b) education and awareness relating to intellectual property;
(c) intellectual property issues relevant to:
(i) small and medium-sized enterprises;
(ii) science, technology and innovation activities; or
(iii) generation, transfer and dissemination of technology;
(d) policies involving the use of intellectual property for research, innovation and economic growth;
(e) capacity-building;
(f) protection of geographical indications or appellations of origin of goods;
(g) enforcement of intellectual property rights and implementation of border measures;
or
(h) other activities and initiatives as may be mutually determined between the Parties.
1. The Parties recognise the importance of improving the quality and efficiency of their respective patent registration systems as well as simplifying and streamlining the procedures and processes of their respective patent offices or other institutions, as determined by the Parties, for the benefit of all users of the patent system and the public as a whole.
2. Further to paragraph 1, the Parties shall endeavour to cooperate among their respective patent offices or other institutions, as determined by the Parties, to facilitate the sharing and use of search and examination work with the other Parties. This may include:
(a) making search and examination results available to the patent office of the other Parties; and
(b) exchanging information on quality assurance systems and quality standards relating to patent examination.
The Parties recognise the importance of cooperation in the field of government procurement and cooperate for the purposes of greater transparency in the field of government procurement.
1. The Parties shall cooperate in particular in such areas:
(a) exchanging experience and information, such as laws and regulations and practices and statistics;
(b) sharing experiences and forms on the use of electronic means in the government procurement;
(c) strengthening interaction of the competent authorities in issues related to the government procurement;
(d) developing secure trusted space in e-procurement including facilitation of electronic document flow in government procurement;
(e) creating favourable and equitable environment to access information on government procurement of the other Parties; and
(f) other areas of interest to the Parties.
2. The cooperation between the Parties provided for in paragraph 1 shall be executed in accordance with laws and regulations of the Parties.
1. The Parties shall publish their respective laws and regulations and information on government procurement in the sources listed in Annex 10A (Publication of Laws and Regulations and Information on Government Procurement). In order to provide greater transparency, the Parties shall ensure public access to these sources of information.
2. The Parties shall endeavour to publish in electronic form the available information about government procurement (notice on procurement bid, procurement documentation, changes to such notices and documentation, clarifications of the procurement documentation, protocols drawn up in the procurement process, information on procurement results).
3. The Parties shall publish any changes to the relevant laws and regulations and/or government procurement procedures in the sources listed in Annex 10A (Publication of Laws and Regulations and Information on Government Procurement) or notify each other of such changes by other means as soon as possible.
4. Each Party shall endeavour to expand the content of electronically published information on government procurement.
1. Chapter 13 (Dispute Settlement) shall not apply to any matter arising under this Chapter.
2. On request of a Party, the other Party shall provide within a reasonable period of time clarification on the issues related to government procurement.
3. For all matters concerning the application of this Chapter in the relations between the Parties, including in the event of any disagreement related to its interpretation and application, consultations shall be held upon request of either Party.
4. A request for such consultations shall be submitted to the other Party's contact point established under Article 10.5 (Contact Point) of this Chapter. Unless the Parties agree otherwise, they shall hold consultations within 60 days from the date of receipt of the request.
5. Consultations can be conducted in the form of a meeting or by other means agreed by the Parties.
1. Each Party shall designate a contact point to monitor the implementation of this Chapter. The contact points shall work collaboratively to facilitate the implementation of this Chapter.
2. The Parties shall, within 30 days of the date of entry into force of this Agreement, provide each other with the names and contact details of their contact points.
3. The Parties shall promptly notify each other of any change to their contact points.
For the Republic of Armenia, on official web-sites - https://www.armeps.am; https://procurement.minfm.am/
For the Republic of Belarus, on official web-sites - https://gias.by/; https://pravo.by/; http://www.zakupki.butb.by/; https://goszakupki.by/
For the Republic of Kazakhstan, on official web-sites - https://goszakup.gov.kz/; https://adilet.zan.kz/eng
For the Kyrgyz Republic, on official web-site - http://www.zakupki.gov.kg/popp/
For the Russian Federation, on official web-sites - https://zakupki.gov.ru; http://www.pravo.gov.ru/
For the for the United Arab Emirates, on official web-site - https://mof.gov.ae/
The Parties, recognising the fundamental role of SMEs in maintaining dynamism and enhancing competitiveness of their respective economies, shall foster close cooperation between SMEs of the Parties and cooperate in promoting jobs and growth in SMEs, as well as participation of SMEs in international trade.
1. With a view to more robust cooperation between the Parties to enhance commercial opportunities for SMEs, each Party shall seek to increase trade opportunities, and in particular shall endeavour to:
(a) promote cooperation between the Parties' small and medium business support infrastructure, including dedicated SME centres, incubators and accelerators, export assistance centres, and other centres as appropriate, to enhance sharing best practices, exchanging market research, and promoting SME participation in international trade, as well as business growth in local markets;
(b) strengthen collaboration on activities to promote SMEs owned by women and youth, as well as start-ups, and promote partnership among these SMEs and their participation in international trade;
(c) enhance the exchange of information and best practices in supporting and assisting SMEs in such areas as access to trade finance, participation in government procurement, using electronic commerce; adapting to changing market conditions, training programmers and trade education, identifying commercial partners in the other Parties; participating and integrating into global supply chains; and
(d) encourage participation in purpose-built mobile or web-based platforms (if any), for business entrepreneurs and advisors to share information and best practices to help SMEs link with international suppliers, buyers, and other potential business partners.
2. The Parties recognise the importance of the involvement of the private sector in these cooperation activities.
1. Each Party shall establish or maintain its own free, publicly accessible website containing information regarding this Agreement, including:
(a) the text of this Agreement;
(b) a summary of this Agreement; and
(c) information designed for SMEs that contains:
(i) a description of the provisions in this Agreement that the Party considers to be relevant to SMEs; and
(ii) any additional information that would be useful for SMEs interested in benefitting from the opportunities provided by this Agreement.
2. Each Party shall include in its website links or information through automated electronic transfer to:
(a) the equivalent websites of the other Parties; and
(b) the websites of its own government agencies and other appropriate entities that provide information the Party considers useful to any person interested in trading, investing, or doing business in that Party's territory.
3. Subject to each Party's laws and regulations, the information described in subparagraph (b) of paragraph 2 may include:
(a) customs regulations, procedures, or enquiry points;
(b) regulations or procedures concerning intellectual property, trade secrets, and patent protection rights;
(c) technical regulations, standards, quality or conformity assessment procedures;
(d) sanitary or phytosanitary measures relating to importation or exportation;
(e) foreign investment regulations;
(f) business registration;
(g) trade promotion programmes;
(h) competitiveness programmes;
(i) SME investment and financing programmes;
(j) taxation, accounting;
(k) government procurement opportunities;
(l) other information which the Party considers to be useful for SMEs.
4. Each Party shall regularly review the information and links on the website referred to in paragraphs 1 and 2 to ensure the information and links are up-to-date and accurate.
5. To the extent possible, each Party shall make the information referred to in this Article available in English.
1. The Parties hereby establish the Subcommittee on SME Issues (SME Subcommittee), comprising representatives of each Party. The representatives of the business societies of the Parties with necessary expertise relevant to the issues to be considered of the Subcommittee may be invited to the work of Subcommittee.
2. The SME Subcommittee shall:
(a) identify ways to assist SMEs of the Parties to take advantage of the commercial opportunities resulting from this Agreement and to strengthen SME competitiveness including through seminars, webinars, mentorship sessions, or other activities to inform SMEs of the benefits available to them under this Agreement;
(b) identify and recommend ways for further cooperation between the Parties to develop and enhance partnerships between SMEs of the Parties;
(c) promote exchange of information and best practices in supporting and assisting SME exporters in the cooperation areas referred to in Article 11.2;
(d) facilitate the exchange of information on entrepreneurship education and awareness programmes for youth and women to promote the entrepreneurial environment in the territories of the Parties;
(e) explore opportunities for capacity building to facilitate each Party's work in developing and enhancing SME export: counselling, assistance, and training programmes;
(f) recommend additional information that a Party may include on the website referred to in Article 11.3;
(g) collaborate with and encourage subcommittees, working groups and other subsidiary bodies established under this Agreement to consider SME-related commitments and activities into their work, where appropriate;
(h) review the implementation and operation of this Chapter and SME-related provisions within this Agreement and report findings and make recommendations to the Joint Committee;
(i) facilitate the development of programmes to assist SMEs to participate and integrate effectively into the Parties' regional and global supply chains;
(j) promote the participation of SMEs in e-commerce in order to take advantage of the opportunities resulting from this Agreement; and
(k) consider any other matter pertaining to SMEs as the SME Subcommittee may decide, including issues raised by SMEs regarding their ability to benefit from this Agreement.
3. The SME Subcommittee shall convene within one year after the date of entry into force of this Agreement and thereafter meet annually, unless the Parties decide otherwise.
4. The SME Subcommittee may seek to collaborate with appropriate experts and international organisations in carrying out its programmes and activities.
Chapter 13 (Dispute Settlement) shall not apply to any matter arising under this Chapter.
1. The Parties agree to promote cooperation under this Agreement for their mutual benefit in order to develop and facilitate trade between the Parties and foster economic growth.
2. Economic cooperation under this Chapter shall be built upon a common understanding between the Parties to support the implementation of this Agreement, with the objective of maximising its benefits, supporting pathways to promote trade facilitation, and further promoting trade flows and openness to contribute to the sustainable and inclusive economic growth and prosperity of the Parties.
1. Economic cooperation under this Chapter may support the effectiveness and efficiency of the implementation and utilisation of this Agreement through activities that relate to the promotion of trade.
2. The areas of mutual interests for Economic Cooperation between the Parties may include the following:
(a) manufacturing industries;
(b) agriculture, forestry and fisheries;
(c) trade and investment promotion;
(d) transport and logistics;
(e) competition policy;
(f) human resource development;
(g) tourism;
(h) information and communications technology;
(i) the promotion of electronic commerce;
(j) research and development;
(k) precious metals and stones;
(l) trade in environmental goods; and
(m) promotion of convergence of halal standards and cooperation between relevant bodies or organisations of the EAEU Member States and the UAE.
3. The Parties may agree in the Work Programme on Economic Cooperation Activities ("Work Programme") to modify the above list, including by adding other areas for economic cooperation.
1. The Parties agree that anti-competitive practices may restrict trade between the Parties. Each Party shall apply its respective laws and regulations to prevent and proscribe such practices.
2. Competition law enforcement activities of each Party shall be consistent to the extent possible with the principles of transparency, procedural fairness and non-discrimination.
3. Particular attention shall be given to anticompetitive practices as restrictive agreements between enterprises and concerted practices between enterprises/companies, abuse by one or more enterprises of a dominant position in accordance with respective laws and regulations of the Parties.
4. Each Party subject to its respective laws and regulations shall ensure that it carries out the efficient control over economic concentration to the extent possible for the protection and development of competition in the territory of that Party.
5. The Parties recognise the importance of cooperation between their relevant competition authorities to promote effective competition law enforcement, subject to the respective laws, regulations, and available resources of the Parties. This cooperation may include as may be agreed by the Parties notification, exchange of information, consultations, technical assistance, research collaborations, as well as other forms of cooperation in accordance with laws and regulations of confidentiality applicable in each Party.
6. Nothing in this Article shall require a Party to provide information when this may affect an ongoing investigation or may be contrary to its laws, including those regarding disclosure of information, confidentiality or commercial secret.
7. A Party may request the other Party for relevant cooperation matters under this Article through the Competition authorities of the Parties. The request shall indicate the detailed reasons for such request. The requested Party shall accord sympathetic consideration to the request and provide to the extent possible assistance, subject to the available resources, without being contrary to the Parties laws and interests.
8. Nothing in this Article shall limit the right of the requested Party to independently decide whether to undertake measures with respect to the request made under paragraph 7.
The Parties agree to strengthen cooperation by means of:
(a) information exchange and consultations, as well as information support for businesses of the Parties;
(b) promotion of dialogue and communication between businesses of the Parties;
(c) facilitation of joint projects;
(d) joint forums to discuss issues of sectoral cooperation, joint fairs, international workshops and scientific conferences;
(e) exchange of experience in training of experts on matters covered by this Chapter;
(f) exchange of experience and best practices in the field of government development and modernisation. Parties may reach arrangements on cooperation through UAE's Government Experience Exchange Programme; and
(g) any other form of cooperation that may be agreed by the Parties.
1. For the purposes of the effective implementation and operation of this Chapter, the Parties hereby establish a Subcommittee on Economic Cooperation, comprising representatives of each Party.
2. The representatives of the business societies and organisations with necessary expertise relevant to the issues to be considered by the Subcommittee on Economic Cooperation may be invited to the work of Subcommittee on Economic Cooperation.
3. The Subcommittee on Economic Cooperation shall undertake the following functions:
(a) monitor and assess the implementation of this Chapter;
(b) identify new opportunities and agree on new ideas for prospective cooperation or capacity building activities;
(c) formulate and develop Work Programme proposals and their implementation mechanisms;
(d) coordinate, monitor and review progress of the Work Programme to assess its overall effectiveness and contribution to the implementation and operation of this Chapter;
(e) suggest amendments to the Work Programme through periodic evaluations;
(f) cooperate with other Subcommittees and/or subsidiary bodies established under this Agreement to perform stocktaking, monitoring, and benchmarking on any issues related to the implementation of this Agreement, as well as to provide feedback and assistance in the implementation and operation of this Chapter; and
(g) report to and, if deemed necessary, consult with the Joint Committee in relation to the implementation and operation of this Chapter.
1. The Work Programme on Economic Cooperation Activities adopted by the Subcommittee on Economic Cooperation shall be based on proposals submitted by the Parties.
2. Each activity in a Work Programme developed under this Chapter shall: (i) be guided by the objectives agreed in Article 12.1; (ii) be related to trade and support the implementation of this Agreement; (iii) involve the interested Parties; (iv) address the mutual priorities of the Parties; and (v) avoid duplicating existing economic cooperation activities.
1. Each Party shall within one month from the date of entry into force of this Agreement, designate a contact point to communicate on any matters arising from the implementation of this Chapter. The contact points' functions shall include the following:
(a) providing information exchange within the scope of this Chapter;
(b) receiving and making requests for cooperation, including consultations within the scope of this Chapter and providing relevant responses;
(c) providing information on reasonable request of the other Party on matters covered by this Chapter; and
(e) communicating on any other matter arising from the implementation of this Chapter.
2. The Parties shall exchange the names and contact details of their contact points.
3. Each Party shall promptly notify the other Party of any change to its contact point.
Chapter 13 (Dispute Settlement) shall not apply to any matter or dispute arising from this Chapter.
For the purposes of this Chapter and Annex 13A (Rules of Procedure for the Panel) and Annex 13B (Code of Conduct for Panelists)
Panel means a Panel established pursuant to Article 13.9;
disputing parties means both the complaining party and the respondent Party. The EAEU Member States and the EAEU may act jointly or individually as a disputing party. If a measure is taken by a EAEU Member State, such EAEU Member State shall be a disputing party, and if a measure is taken by the EAEU, it shall be a disputing party;
complaining Party means a Party to have filed a request for dispute settlement proceedings under this Chapter;
respondent Party means a Party to have received a request for dispute settlement proceedings under this Chapter;
chairperson means the panelist who serves as the Chair of the Panel;
proceeding means an arbitration proceeding.
The objective of this Chapter is to establish an effective and efficient mechanism for settling disputes between the Parties concerning the interpretation and application of this Agreement with a view to reaching, where possible, a mutually agreed solution.
The Parties shall endeavour to agree on the interpretation and application of this Agreement, and shall make every attempt through cooperation to arrive at a mutually satisfactory resolution of any matter that might affect its operation.
1. Unless otherwise provided for in this Agreement, this Chapter shall apply with respect to the settlement of any dispute between the Parties concerning the interpretation or application of this Agreement ("covered provisions"), wherever a Party considers that the other Party is in violation of any provision of this Agreement.
2. For greater certainty, this Chapter shall not cover non-violation complaints and other situation complaints.
1. Each disputing party shall designate a contact point to facilitate communications between the Parties with respect to any dispute initiated under this Chapter.
2. Any request, notification, written submission or other document made in accordance with this Chapter shall be delivered to the other disputing party through its designated contact point.
Before a request for consultations, good offices, conciliation or mediation is made pursuant to Article 13.7 or 13.8 respectively, a Party may request in writing any relevant information with respect to a measure at issue. The Party to which that request is made shall make all efforts to provide the requested information in a written response to be submitted no later than 20 days after the date of receipt of the request.
1. The Parties shall endeavour to resolve any dispute referred to in Article 13.4 by entering into consultations in good faith with the aim of reaching a mutually agreed solution.
2. A Party shall seek consultations by means of a written request delivered to the other Party identifying the reasons for the request, including the measure at issue and a description of its factual basis and the legal basis specifying the covered provisions that it considers applicable.
3. The Party to which the request for consultations is made shall reply to the request promptly, but no later than 10 days after the date of receipt of the request. Consultations shall be held within 30 days of the date of receipt of the request. The consultations shall be deemed to be concluded within 60 days of the date of receipt of the request, unless the Parties agree otherwise.
4. Consultations on matters of urgency, including those which concern perishable goods, shall be held within 15 days of the date of receipt of the request. The consultations shall be deemed to be concluded within 30 days unless the Parties agree otherwise.
5. During consultations each Party shall make all efforts to provide relevant information so as to allow a complete examination of the measure at issue including how that measure is affecting the operation and application of this Agreement.
6. Consultations, including all information disclosed and positions taken by the parties during consultations, shall be confidential, and without prejudice to the rights of either Party in any further proceedings.
7. Consultations may be held in person or by any other means of communication agreed by the parties. Unless the parties agree otherwise, consultations, if held in person, shall take place in the territory of the Party to which the request is made.
8. If the Party to which the request is made does not respond to the request for consultations within 10 days of the date of its receipt, or if consultations are not held within the timeframes laid down in paragraph 3 or in paragraph 4 respectively, or if the Parties agree not to have consultations, or if consultations have been concluded and no mutually agreed solution has been reached, the Party that sought consultations may have recourse to Article 13.9.
1. The Parties may at any time agree to enter into procedures for Good Offices, Conciliation or Mediation. They may begin at any time and be terminated by either Party at any time.
2. Proceedings involving good offices, conciliation, or mediation, and the particular positions taken by the Parties in these proceedings, shall be confidential and without prejudice to the rights of either Party in any further proceedings under this Chapter or any other proceedings before a forum selected by the Parties.
3. If the Parties agree, procedures for good offices, conciliation, or mediation may continue while the Panel procedures under this Chapter are in progress.
1. The complaining party may request the establishment of a Panel if:
(a) the respondent party does not reply to the request for consultations in accordance to the time frames referred in Article 13.7;
(b) the consultations referred to in Article 13.7 are not held or fail to settle a dispute within 60 days or 30 days in relation to urgent matters, including those which concern perishable goods after the date of the receipt of the request for consultations by the respondent party.
2. The request for the establishment of a Panel shall be made by means of a written request delivered to the other Party and shall identify the measure at issue and indicate the factual basis of the complaint and the legal basis specifying the relevant covered provisions in a manner sufficient to present the problem clearly.
1. Unless the disputing parties agree otherwise, a Panel shall consist of three panelists and the panelist shall not fall under any of the following criteria:
(a) being a national of a EAEU Member State or the UAE; or
(b) having usual place of residence in the territory of a EAEU Member State or the UAE.
2. Within 40 days after the establishment of a Panel, each disputing party shall appoint a panelist. The appointed panelists shall, by common agreement, appoint the third panelist, within 60 days after the appointment of the second of them. The disputing parties shall, no later than 20 days after the designation of the third panelist, approve or disapprove the appointment of that panelist, who shall, if approved, act as the chairperson of the Panel.
3. If either disputing party fails to appoint a panelist within the time period established in paragraph 2, the other Party may request the Secretary-General of the Permanent Court of Arbitration (PCA) to designate the panelist who has not yet been appointed within 20 days of that request.
4. If the third panelist has not been designated as provided under paragraph 2, or one of the disputing Parties disapproves the appointment of the third panelist, the Secretary-General of the PCA shall, at the request of either disputing party, within a further period of 30 days, appoint the third panelist, who shall act as the chairperson of the Panel. In case the Secretary-General of the PCA is a national of a EAEU Member State or the UAE or is incapable to realise this appointing function, the Vice-Secretary-General of the PCA or the officer next in seniority who is not a national of a EAEU Member State or the UAE and who is capable to realise this appointing function shall be requested to make the necessary appointments.
5. The date of establishment of the Panel shall be the date on which the last of the three selected panelists has notified the disputing parties the acceptance of his or her appointment.
1. Each panelist shall:
(a) have expertise in law, international trade, and other matters covered by this Agreement;
(b) be independent of, and not be affiliated with or take instructions from, either disputing party;
(c) serve in their individual capacities and not take instructions from any organisation or government with regard to matters related to the dispute; and
(d) comply with the Code of Conduct for Panelists established in Annex 13B (Code of Conduct for Panelists).
2. The chairperson shall also have experience in dispute settlement procedures.
3. Persons who provided good offices, conciliation or mediation to the disputing parties, pursuant to Article 13.8 in relation to the same or a substantially equivalent matter, shall not be eligible to be appointed as Panelists in that matter.
If any of the panelists of the original Panel becomes unable to act, withdraws or needs to be replaced because that panelist does not comply with the requirements of the Code of Conduct, a successor panelist shall be appointed in the same manner as prescribed for the appointment of the original panelist and the successor shall have the powers and duties of the original panelist. The work of the Panel shall he suspended during the appointment of the successor panelist.
Unless the disputing parties agree otherwise, the Panel:
(a) shall make an objective assessment of the matter before it, including an objective assessment of the facts of the case and the applicability of and conformity of the measure at issue with the covered provisions;
(b) shall set out, in its decisions and reports, the findings of fact, the applicability of relevant provisions of the Agreement and the rationale behind any findings and recommendations as stated in its terms of reference;
(c) shall determine, at the request of a disputing party, the conformity of any implementing measures or relevant suspension of concessions or other obligations with its final report; and
(d) should consult regularly with the disputing parties and provide adequate opportunities for the development of a mutually agreed solution.
1. Unless the disputing parties agree otherwise within 15 days after the date of establishment of the Panel, the terms of reference of the Panel shall be:
"to examine, in the light of the relevant covered provisions of this Agreement cited by the disputing patties, the matter referred to in the request for the establishment of the Panel, to make findings on the conformity of the measure at issue with the relevant covered provisions of this Agreement as well as recommendations, if any, on the means to resolve the dispute, and to deliver a report in accordance with Articles 13.18 and 13.19.".
2. If the disputing parties agree on other terms of reference other than those referred to in paragraph 1, they shall notify the agreed terms of reference to the Panel no later than 5 days after their agreement.
The Panel shall interpret the covered provisions in accordance with customary rules of interpretation of public international law.
1. Unless the disputing parties agree otherwise, the Panel shall follow the model rules of procedure set out in Annex 13A (Rules of Procedure for the Panel).
2. There shall be no ex parte communications with the Panel concerning matters under its consideration.
3. The deliberations of the Panel and the documents submitted to it shall be kept confidential.
4. As a general rule, a disputing party asserting that a measure of the other disputing Party is inconsistent with the provisions of this Agreement shall have the burden of establishing such inconsistency. A disputing party asserting that a measure is subject to an exception under this Agreement shall have the burden of establishing that the exception applies.
5. The Panel should consult with the disputing parties as appropriate and provide adequate opportunities for the development of a mutually agreed solution.
6. The Panel shall make its decisions, including its reports by consensus, but if consensus is not possible then by majority of its members.
If complaining party so requests, the Panel shall suspend for a period not exceeding 12 consecutive months. In the event of a suspension of the work of the Panel, the relevant time periods under this Chapter shall be extended by the same period of time for which the work of the Panel was suspended. The Panel shall resume its work before the end of the suspension period at the written request of complaining party. If the work of the Panel has been suspended for more than 12 consecutive months, the authority of the Panel shall lapse and the dispute settlement procedure shall be terminated.
1. On its own initiative, if it is agreed by the disputing parties, or upon the request of a disputing party the Panel may seek from the Parties relevant information it considers necessary and appropriate. The disputing parties shall respond promptly and fully to any request by the Panel for information.
2. On its own initiative, if it is agreed by the disputing parties, or upon the request of a disputing party the Panel may seek from any source any information it considers appropriate. The Panel also has the right to seek the opinion of experts, as it considers appropriate and if it is agreed by the disputing parties, and subject to any terms and conditions agreed by the disputing parties, where applicable.
3. On its own initiative, if it is agreed by the disputing parties, or upon the request of a disputing party the Panel may seek information and technical advice from any individual or body that it deems appropriate, subject to such terms and conditions as the disputing parties agree. The Panel shall provide the disputing parties with any information so obtained for comment.
4. Any information obtained by the Panel under this Article shall be made available to the disputing parties and such Parties may provide comments on that information.
1. The Panel shall deliver an interim report to the disputing parties within 90 days after the date of establishment of the Panel. When the Panel considers that this deadline cannot be met, the chairperson of the Panel shall notify the disputing parties in writing, stating the reasons for the delay and the date on which the Panel plans to deliver its interim report. Under no circumstances shall the delay exceed 90 days after the deadline.
2. In cases of urgency, including those which concern perishable goods, the Panel shall aim to issue the interim report to the disputing parties within half of the time prescribed in paragraph 1.
3. The interim report shall set out a descriptive part and the Panel's findings and conclusions.
4. Each disputing party may submit to the Panel written comments and a written request to review precise aspects of the interim report within 15 days of the date of issuance of the interim report. A disputing party may comment on the other disputing party's request within 10 days of the delivery of the request.
5. After considering any written comments and requests by each disputing party on the interim report, the Panel may modify the interim report and make any further examination it considers appropriate.
1. The Panel shall deliver its final report to the disputing parties within 140 days of the date of establishment of the Panel. When the Panel considers that this deadline cannot be met, the chairperson of the Panel shall notify the disputing parties in writing, stating the reasons for the delay and the date on which the Panel plans to deliver its final report. Under no circumstances shall the delay exceed 60 days after the deadline.
2. In cases of urgency, including those which concern perishable goods, the Panel shall aim to issue the final report to the disputing parties within half of the time prescribed in paragraph 1.
3. The final report shall include a discussion of any written comments and requests made by the disputing parties on the interim report. The Panel may, in its final report, recommend ways in which findings, and recommendations, if any, could be implemented.
4. The final report shall not be made public unless the disputing parties agree otherwise.
5. In its findings and recommendations, the Panel cannot add to or diminish the rights and obligations provided in this Agreement.
1. Where the Panel finds that the respondent party has acted inconsistently with a covered provision, respondent party shall take any measure necessary to comply promptly and in good faith with the findings and recommendations, if any, in the final report.
2. The respondent party shall promptly comply with the ruling of the Panel. If it is impracticable to comply immediately, the respondent party shall, no later than 30 days after the delivery of the final report, notify the complaining party of the length of the reasonable period of time necessary for compliance with the final report and the disputing parties shall endeavour to agree on the reasonable period of time required for compliance with the final report.
1. If the disputing parties have not agreed on the length of the reasonable period of time, the complaining party may, no later than 20 days after the date of receipt of the notification made by the respondent party in accordance with paragraph 2 of Article 13.21 request in writing the original Panel to determine the length of the reasonable period of time. Such request shall be notified simultaneously to the respondent party.
2. The original Panel shall deliver its decision to the disputing parties within 45 days from the relevant request.
3. The length of the reasonable period of time for compliance with the final report may be extended by mutual agreement of the disputing parties.
1. The respondent party shall deliver a written notification of its progress in complying with the final report to the complaining party at least 60 days before the expiry of the reasonable period of time for compliance with the final report unless the disputing parties agree otherwise.
2. The respondent party shall, no later than at the date of expiry of the reasonable period of time, deliver a notification to the complaining party of any measure that it has taken to comply with the final report.
3. Where the disputing parties disagree on the existence of measures to comply with the final report, or their consistency with the covered provisions, the complaining party may request in writing the original Panel to decide on the matter before compensation can be sought or suspension of concessions can be applied in accordance with subparagraph (c) of paragraph 1 of Article 13.24. Such request shall be notified simultaneously to the respondent party.
4. The request shall provide the factual and legal basis for the complaint, including the identification of the specific measures at issue and an indication of why the measures taken by the respondent party fail to comply with the final report.
5. The Panel shall deliver its decision to the disputing parties within 60 days of the date of delivery of the request.
1. The respondent party shall, on request of the complaining party, enter into consultations with a view to agreeing on a mutually satisfactory agreement or any necessary compensation, if:
(a) the respondent party fails to notify any measure taken to comply with the final report before the expiry of the reasonable period of time;
(b) the respondent party notifies the complaining party in writing that it is not possible to comply with the final report within the reasonable period of time; or
(c) the Panel finds that no measure taken to comply exists or that the measure taken to comply with the final report as notified by the respondent party is inconsistent with the covered provisions.
2. If the disputing parties fail to reach a mutual satisfactory agreement or to agree on compensation within 20 days after the date of receipt of the request made in accordance with paragraph 1, the complaining party may deliver a written notification to the respondent party that it intends to suspend the application to that party of concessions or other obligations under this Agreement. The notification shall specify the level of intended suspension of concessions or other obligations.
3. The complaining party may begin the suspension of concessions, or other obligations referred to in paragraphs 1 and 2, 20 days after the date when it served notice of the respondent party, unless the respondent party made a request under paragraph 7.
4. The suspension of concessions or other obligations:
(a) shall be at a level equivalent to the nullification or impairment that is caused by the failure of the respondent party to comply with the final report; and
(b) shall be restricted to concessions accruing to the respondent party under this Agreement.
5. In considering what concessions to suspend in accordance with paragraph 2, the complaining party shall apply the following principles:
(a) the complaining party should first seek to suspend concessions in the same sector or sectors as that affected by the measure that the Panel has found to be inconsistent with this Agreement <*>;
--------------------------------
<*> For purposes of this Article, "sector" means with respect to goods, all goods.
(b) the complaining party may suspend concessions in other sectors, if it considers that it is not practicable or effective to suspend benefits or other obligations in the same sector.
6. The suspension of concessions or other obligations shall be temporary and shall only apply until the inconsistency of the measure with the relevant covered provisions which has been found in the final report has been removed, or until the disputing parties have agreed on a mutually satisfactory agreement or compensation.
7. If the respondent party considers that the suspension of concessions does not comply with paragraphs 4 and 5, that party may request in writing the original Panel to examine the matter no later than 15 days after the date of receipt of the notification referred to in paragraph 2. That request shall be notified simultaneously to the complaining party. The original Panel shall notify to the parties its decision on the matter no later than 30 days of the receipt of the request from the respondent party. Concessions or other obligations shall not be suspended until the original Panel has delivered its decision. The suspension of concessions or other obligations shall be consistent with this decision.
1. Upon the notification by the respondent party to the complaining party of the measure taken to comply with the final report:
(a) in a situation where the right to suspend concessions or other obligations has been exercised by the complaining party in accordance with Article 13.24, the complaining party shall terminate the suspension of concessions or other obligations no later than 30 days after the date of receipt of the notification, with the exception of the cases referred to in paragraph 2; or
(b) in a situation where necessary compensation has been agreed, the respondent party may terminate the application of such compensation no later than 30 days after the date of receipt of the notification, with the exception of the cases referred to in paragraph 2.
2. If the disputing parties do not reach an agreement on whether the measure notified in accordance with paragraph 1 is consistent with the relevant covered provisions within 30 days after the date of receipt of the notification, the complaining party shall request in writing the original Panel to examine the matter. That request shall be notified simultaneously to the respondent party. The decision of the Panel shall be notified to the disputing parties no later than 60 days after the date of submission of the request. If the Panel decides that the measure notified in accordance with paragraph 1 is consistent with the relevant covered provisions, the suspension of concessions or other obligations, or the application of the compensation, shall be terminated no later than 15 days after the date of the decision. If the Panel determines that the notified measure achieves only partial compliance with the covered provisions, the level of suspension of concessions or other obligations, or of the compensation, shall be adapted in light of the decision of the Panel.
1. If a dispute with regard to a particular measure arises under this Agreement and under another international trade agreement to which the disputing parties are parties, including the WTO Agreement, the disputing parties may agree upon the forum to settle the dispute. If the disputing parties fail to agree upon the forum, the complaining party may select the forum for settlement of the dispute.
2. Where the complaining party has, with regard to a particular measure, initiated a dispute settlement proceeding either under this Chapter or any another international trade agreement to which the disputing parties are parties, including the WTO Agreement, it shall not initiate the same dispute in the other forums.
3. For the purpose of paragraph 2:
(a) dispute settlement proceedings under this Chapter are deemed to be initiated when a Party requests the establishment of a Panel in accordance with Article 13.9;
(b) dispute settlement proceedings under the WTO Agreement are deemed to be initiated when a Party requests the establishment of a Panel in accordance with Article 6 of the DSU;
(c) dispute settlement proceedings under any other agreement are deemed to be initiated in accordance with the relevant provisions of that agreement.
1. Unless the disputing parties agree otherwise, the costs of the Panel and other expenses associated with the conduct of its proceedings shall be borne in equal parts by both disputing parties.
2. Each disputing party shall bear its own expenses and legal costs in the Panel proceedings.
1. The disputing parties may reach a mutually agreed solution at any time with respect to any dispute referred to in Article 13.4.
2. If a mutually agreed solution is reached during the Panel procedure, the disputing parties shall within a reasonable time jointly notify that solution to the chairperson of the Panel. Upon such notification, the proceedings of the Panel shall be terminated.
3. Each disputing party shall take measures necessary to implement the mutually agreed solution within the agreed time period.
4. No later than at the expiry of the agreed time period, the implementing Party shall inform the other Party, in writing, of any measure that it has taken to implement the mutually agreed solution.
1. All time periods laid down in this Chapter shall be counted in calendar days from the day following the act to which they refer.
2. Any time period referred to in this Chapter may be adjusted by mutual agreement of disputing parties.
The Panel shall be guided by Annex 13A (Rules of Procedure for the Panel) unless after consulting with the disputing parties, the Panel decides otherwise upon request of either disputing party. Annex 13A (Rules of Procedure for the Panel) and Annex 13B (Code of Conduct for Panelists) may be adjusted by the mutual agreement of the disputing parties.
1. After consulting with the disputing parties, the Panel shall, whenever possible within 7 days of the appointment of the chairperson, fix the timetable for the Panel proceeding. The indicative timetable attached to Chapter 13 (Dispute Settlement) should be used as a guide.
2. The Panel proceeding shall, as a general rule, not exceed 140 days from the date of establishment of the Panel until the date of the final report, unless the disputing parties agree otherwise.
3. Should the Panel consider there is a need to modify the timetable, it shall inform the disputing parties in writing of the proposed modification and the reason for it.
4. Unless the Panel otherwise decides, the complaining party shall deliver its first written submission to the Panel no later than 35 days after the date of appointment of the third panelist. The respondent party shall deliver its first written submission to the Panel no later than 20 days after the date of delivery of the complaining party's first written submission. Copies shall be provided for each panelist.
5. Each disputing party shall also provide a copy of its first written submission to the other disputing party at the same time as it is delivered to the Panel.
6. Within 10 days of the conclusion of the hearing, each disputing party may deliver to the Panel and the other disputing party a supplementary written submission responding to any matter that arose during the hearing.
7. The disputing parties shall transmit all information or written submissions, written versions of oral statements and responses to questions put by the Panel to the other disputing party to the dispute at the same time as it is submitted to the Panel.
8. All written documents provided to the Panel or by one disputing party to the other disputing party shall also be provided in electronic form.
9. Minor errors of a clerical nature in any request, notice, written submission or other document related to the Panel proceeding may be corrected by delivery of a new document clearly indicating the changes.
10. The chairperson of the Panel shall preside at all of its meetings. The Panel may delegate to the chairperson the authority to make administrative and procedural decisions.
11. Panel deliberations shall be confidential. Only panelists may take part in the deliberations of the Panel. The reports of Panels shall be drafted without the presence of the disputing parties in the light of the information provided and the statements made.
12. Opinions expressed in the Panel report by individual panelists shall be anonymous.
13. The disputing parties shall be given the opportunity to attend hearings and meetings of the Panel.
14. The timetable established in accordance with Rule 1 shall provide for at least one hearing for the disputing parties to present their cases to the Panel.
15. The Panel may convene additional hearings if requested by a disputing party.
16. All panelists shall be present at hearings. Panel hearings shall be held in closed session with only the panelists and the disputing parties in attendance. However, in consultation with the disputing parties, assistants, translators or designated note takers may also be present at hearings to assist the Panel in its work, unless the disputing parties agree otherwise.
17. The hearing shall be conducted by the Panel in a manner ensuring that the complaining party and the respondent party are afforded equal time to present their case. The Panel shall conduct the hearing in the following manner: argument of the complaining party; argument of the respondent party; the reply of the complaining party; the counter-reply of the respondent party; closing statement of the complaining party; and closing statement of the respondent party. The chairperson may set time limits for oral arguments to ensure that each disputing party is afforded equal time.
18. The Panel may direct questions to either disputing party at any time during the proceedings. The disputing parties shall respond promptly and fully to any request by the Panel for such information as the Panel considers necessary and appropriate.
19. Where the question is in writing, each disputing party shall also provide a copy of its response to such questions to the other disputing party at the same time as it is delivered to the Panel. Each disputing party shall be given the opportunity to provide written comments on the response of the other disputing party.
20. The Panel's hearings and the documents submitted to it shall be confidential. Each disputing party shall treat as confidential information submitted to the Panel by the other disputing party which that disputing party has designated as confidential.
21. Where a disputing party designates as confidential its written submissions to the Panel, it shall, on request of the other disputing party, provide the Panel and the other disputing party with a non-confidential summary of the information contained in its written submissions that could be disclosed to the public no later than 10 days after the date of request. Nothing in these Rules shall prevent a disputing party from disclosing statements of its own positions to the public.
22. The working language of the Panel proceedings, including for written submissions, oral arguments or presentations, the report of the Panel and all written and oral communications between the disputing parties and with the Panel shall be in the English language.
23. The venue for the hearings of the Panel shall be decided by agreement between the disputing parties. If the Eurasian Economic Union acts as a disputing party in accordance with the provisions under the Chapter 13 (Dispute Settlement), the respective alternate hearings shall be held in Moscow, Russian Federation. If there is no agreement, the venues shall alternate between the capitals of the disputing parties with the first hearing to be held in the capital of the responding party.
24. The Panel shall keep a record and render a final account of all general expenses incurred in connection with the proceedings, including those paid to its assistants, translators and designated note takers.
Panel established on xx/xx/xxxx.
25. Receipt of first written submissions of the disputing parties:
(a) complaining party: 35 days after the date of appointment of the third panelist;
(b) respondent party: 20 days after (a);
26. Date of the first hearing with the disputing parties: 20 days after receipt of the first submission of the respondent party;
27. Receipt of written supplementary submissions of the disputing parties: 10 days after the date of the first hearing;
28. Issuance of initial report to the disputing parties: 90 days of the date of establishment of the Panel;
29. Deadline for the disputing parties to provide written comments on the initial report: 15 days after the issuance of the initial report; and
30. Issuance of final report to the disputing parties: within 140 days of the date of establishment of the Panel.
1. For the purposes of this Annex:
(a) assistant means a person who, under the terms of appointment of a panelist, conducts research or provides support for the panelist;
(b) panelist means a member of a Panel established under Article 13.9;
(c) proceeding, unless otherwise specified, means the proceeding of a Panel under the Chapter 13 (Dispute Settlement); and
(d) staff, in respect of a panelist, means persons under the direction and control of the panelist, other than assistants.
2. Every panelist shall avoid impropriety and the appearance of impropriety, shall be independent and impartial, shall avoid direct and indirect conflicts of interests and shall observe high standards of conduct so that the integrity and impartiality of the dispute settlement process are preserved. Former panelists shall comply with the obligations established in paragraphs 18 through 21.
3. Prior to confirmation of his or her selection as a panelist under this Agreement, a candidate shall disclose any interest, relationship or matter that is likely to affect his or her independence or impartiality or that might reasonably create an appearance of impropriety or bias in the proceeding. To this end, a candidate shall make all reasonable efforts to become aware of any such interests, relationships and matters.
4. Once selected, a panelist shall continue to make all reasonable efforts to become aware of any interests, relationships and matters referred to in paragraph 3 and shall disclose them by communicating them in writing for consideration by the disputing parties. The obligation to disclose is a continuing duty, which requires a panelist to disclose any such interests, relationships and matters that may arise during any stage of the proceeding.
5. A panelist shall comply with the provisions of the Chapter 13 (Dispute Settlement) and the applicable rules of procedure.
6. On selection, a panelist shall perform his or her duties thoroughly and expeditiously throughout the course of the proceeding with fairness and diligence.
7. A panelist shall not deny other panelists the opportunity to participate in all aspects of the proceeding.
8. A panelist shall consider only those issues raised in the proceeding and necessary to rendering a decision and shall not delegate the duty to decide to any other person.
9. A panelist shall take all appropriate steps to ensure that the staff designated in paragraph 16 of Annex 13A (Rules of Procedure for the Panel) are aware of, and comply with, paragraphs 2, 3, 4, 19, 20 and 21.
10. A panelist shall not engage in ex parte contacts concerning the proceeding.
11. A panelist shall not communicate matters concerning actual or potential violations of this Annex by another panelist unless the communication is to both Parties or is necessary to ascertain whether that panelist has violated or may violate this Annex.
12. A panelist shall be independent and impartial. A panelist shall act in a fair manner and shall avoid creating an appearance of impropriety or bias.
13. A panelist shall not be influenced by self-interest, outside pressure, political considerations, public clamour, loyalty to a disputing party or fear of criticism.
14. A panelist shall not, directly or indirectly, incur any obligation or accept any benefit that would in any way interfere, or appear to interfere, with the proper performance of the panelist's duties.
15. A panelist shall not use his or her position on the Panel to advance any personal or private interests. A panelist shall avoid actions that may create the impression that others are in a special position to influence the panelist. A panelist shall make every effort to prevent or discourage others from representing themselves as being in such a position.
16. A panelist shall not allow past or existing financial, business, professional, family or social relationships or responsibilities to influence the panelist's conduct or judgment.
17. A panelist shall avoid entering into any relationship, or acquiring any financial interest, that is likely to affect the panelist's impartiality or that might reasonably create an appearance of impropriety or bias.
18. A panelist or former panelist shall avoid actions that may create the appearance that the panelist was biased in carrying out the panelist's duties or would benefit from the decision or report of the Panel.
19. A panelist or former panelist shall not at any time disclose or use any non-public information concerning the proceeding or acquired during the proceeding except for the purposes of the proceeding and shall not, in any case, disclose or use any such information to gain personal advantage, or advantage for others, or to affect adversely the interest of others.
20. A panelist shall not disclose a Panel report, or parts thereof.
21. A panelist or former panelist shall not at any time disclose the deliberations of a Panel, or any panelist's view.
1. Article X of the GATT 1994 is incorporated into and forms part of this Agreement.
2. Each Party shall, within a reasonable period of time, respond to specific questions and, upon request, provide information to the other Party on matters referred to in paragraph 1.
1. Each Party shall, in accordance with its laws and regulations, maintain the confidentiality of information designated as confidential by the other Party.
2. Nothing in this Agreement shall be construed as requiring a Party to furnish or allow access to confidential information the disclosure of which would impede law enforcement or otherwise be contrary to the public interest or which would prejudice the legitimate commercial interests of particular enterprises, public, or private.
3. Where a Party provides information to the other Party in accordance with this Agreement and designates the information as confidential, the Party receiving the information shall maintain the confidentiality of the information. Such information shall be used only for the purposes specified and shall not be otherwise disclosed without the specific permission of the Party providing the information.
1. To the maximum extent possible, each Party shall notify the other Party of any measure, which, the Party considers, may materially affect the operation of this Agreement or otherwise substantially affect the other Party's interests under this Agreement.
2. Upon request of the other Party, a Party shall promptly provide information and respond to questions pertaining to any measure with respect to any matter covered by this Agreement, whether or not the requesting Party has been previously notified of that measure.
3. Any notification or information provided under this Article shall be without prejudice as to whether the measure is consistent with this Agreement.
4. Any notification, request or information under this Article shall be provided to the other Party through the relevant contact points.
5. When the information pursuant to paragraph 1 has been made available by notification to the WTO in accordance with its relevant rules and procedures or when the aforementioned information has been made available on the official, publicly accessible, and fee free websites of the Parties, the information exchange shall be considered to have taken place.
Specific provisions in other Chapters of this Agreement regarding the subject matter of this Chapter shall prevail to the extent that they differ from this Chapter.
Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail, or a disguised restriction on international trade, nothing in this Agreement shall be construed to prevent the adoption or enforcement by a Party of measures:
(a) necessary to protect public morals;
(b) necessary to protect human, animal or plant life, or health;
(c) relating to the importations or exportations of gold or silver;
(d) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement, including those relating to customs enforcement, the enforcement of monopolies operated under paragraph 4 of Article II and Article XVII of the GATT 1994, the protection of patents, trademarks and copyrights, and the prevention of deceptive practices;
(e) relating to products of prison labour;
(f) imposed for the protection of national treasures or artistic, historic, or archaeological value;
(g) relating to the conservation of exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption;
(h) undertaken in pursuance of obligations under any intergovernmental commodity agreement which conforms to criteria submitted to the Members of the WTO and not disapproved by them or which is itself so submitted and not so disapproved;
(i) involving restrictions on exports of domestic materials necessary to ensure essential quantities of such materials to a domestic processing industry during periods when the domestic price of such materials is held below the world price as part of a governmental stabilisation plan; provided that such restrictions shall not operate to increase the exports of or the protection afforded to such domestic industry, and shall not depart from the provisions of this Agreement relating to non-discrimination; or
(j) essential to the acquisition or distribution of products in general or local short supply; provided that any such measures shall be consistent with the principle that the Parties are entitled to an equitable share of the international supply of such products, and that any such measures, which are inconsistent with the other provisions of this Agreement shall be discontinued as soon as the conditions giving rise to them have ceased to exist.
Nothing in this Agreement shall be construed:
(a) to require any Party to furnish any information, the disclosure of which it considers contrary to its essential security interests; or
(b) to prevent any Party from taking any action which it considers necessary for the protection of its essential security interests:
(i) relating to fissionable materials or the materials from which they are derived;
(ii) relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment;
(iii) taken in time of war or other emergency in international relations; or
(c) to prevent any Party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.
1. The Parties hereby establish a Joint Committee comprising representatives of the EAEU and the EAEU Member States, of the one part, and the UAE, of the other part.
2. The Joint Committee shall meet within one year from the entry into force of this Agreement in either one of the EAEU Member States or the UAE alternately, unless the Parties agree otherwise. The Joint Committee shall be co-chaired by Ministerial-level officials from both Parties or their designated representatives. Thereafter, it shall meet every two years unless the Parties agree otherwise, to consider any matter relating to this Agreement. The regular sessions of the Joint Committee shall be held alternately in the territories of the Parties.
3. The Joint Committee shall also hold special sessions without undue delay from the date of a request thereof from either Party.
4. The functions of the Joint Committee shall be as follows:
(a) to review and assess the results and overall operation of this Agreement in the light of the experience gained during its application and its objectives;
(b) if requested by either Party, to consider and recommend to the Parties any amendments to this Agreement;
(c) to endeavour to amicably resolve any issues in connection with this Agreement;
(d) to establish standing or ad hoc sub-committees or working groups and assign any of its powers thereto and to supervise and coordinate their work and assign them with tasks on specific matters;
(e) to consider any other matter that may affect the operation of this Agreement;
(f) to adopt decisions or make recommendations as envisaged by this Agreement; and
(g) to approve transposition to Annex 3А (Product Specific Rules) to this Agreement prepared by the Sub-Committee on Rules of Origin in accordance with Article 3.37 (Sub-Committee on Rules of Origin) to reflect the changes to the Harmonized System. The implementation of such transposition shall be carried out by the Eurasian Economic Commission and Ministry of Economy of the UAE and shall enter into force simultaneously after the Parties have completed their internal procedures;
(h) to carry out any other functions as may be agreed by the Parties.
5. The Joint Committee shall establish its own rules of working procedures.
6. Meetings of the Joint Committee and of any standing or ad hoc sub-committees or working groups may be conducted in person or by any other means as determined by the Parties.
7. All decisions of the Joint Committee established under this Agreement shall be taken by consensus.
1. Each Party shall in accordance with its internal procedures designate a contact point to receive and facilitate official communications between the Parties on any matter relating to this Agreement and notify the other Party on such designation within 60 days from the date of entry into force of the Agreement. In the event of any change to a Party's contact point, that Party shall notify the other Party within 30 days.
2. Except as otherwise specifically provided for in other Chapters of this Agreement, all official communications in relation to this Agreement shall be in the English language.
The Annexes and footnotes to this Agreement constitute an integral part of this Agreement.
1. The Parties may agree, in writing, to amend this Agreement.
2. Either Party may propose the Joint Committee to consider any amendments to this Agreement.
3. Amendments to this Agreement shall enter into force in the same manner as provided for in Article 17.7, unless otherwise agreed by the Parties.
The Parties may jointly adopt in writing interpretations of the provisions of this Agreement, which shall be binding on the Parties and all bodies and Panel settling disputes under this Agreement.
Any country may accede to this Agreement subject to such terms and conditions as may be agreed between the country and the Parties and following approval in accordance with the applicable legal requirements and procedures of each Party and the acceding country. Such accession shall be done through an additional protocol to this Agreement.
The Parties undertake to review this Agreement in the light of further developments in international economic relations, inter alia, within the framework of the WTO, and to examine in this context and in the light of any relevant factor the possibility of further developing and deepening their cooperation under this Agreement and to extend it to areas not covered therein. The Joint Committee may, where appropriate, make recommendations to the Parties, particularly with a view to opening up negotiations.
1. This Agreement shall be valid for an indefinite period.
2. Either Party may terminate this Agreement by written notification to the other Party, and such termination shall take effect six months after the date of the notification.
3. The Agreement shall terminate for any EAEU Member State, which withdraws from the Treaty on the EAEU, on the same date with the withdrawal from the Treaty on the EAEU takes place. The Eurasian Economic Commission shall notify the UAE of such withdrawal nine months in advance. The Parties shall consult between themselves to consider the effects of such withdrawal on this Agreement.
4. If an EAEU Member State withdraws pursuant to paragraph 3, this Agreement shall remain in force for the EAEU and the remaining EAEU Member States and the UAE.
1. This Agreement shall be ratified by the EAEU Member States and the UAE in accordance with their internal legal procedures, and the EAEU shall express its consent to be bound by this Agreement.
2. The Agreement shall enter into force on the 61 day following the date of receipt of the last written notification certifying that the EAEU and the EAEU Member States and the UAE have completed their respective internal legal procedures necessary for the entry into force of this Agreement. Such notifications shall be made between the Eurasian Economic Commission and the UAE through diplomatic channels.
In witness whereof, the undersigned, being duly authorised thereto, have signed this Agreement.
Done at ___________, this ___ day of _________ 202_, in duplicate in the English language.
The Parties have reached the following understandings:
(a) The UAE is an independent, sovereign, federal State, with seven sovereign Member Emirates (Member Emirates), and pursuant to its Constitution, each Member Emirate retains full sovereignty, sovereign rights and exclusive jurisdiction in its territory over its natural resources and wealth of which the Energy Resources Sector is the subject matter of this Annex. For the purposes of this Annex, "Energy Resources Sector" shall mean all hydrocarbons such as oil, gas, and condensates extracted from the territory of the UAE and/or its Member Emirates, derivates and primary by-products thereof originating in the territory of the UAE and/or its Member Emirates (energy resources) with respect to ownership, management, exploration, development and production, exploitation (including reservoir management), transportation, storage, refining and processing, and distribution up to and including retail distribution of such energy resources.
(b) In recognition of the foregoing, this Agreement shall not grant any rights or obligations to the EAEU and its Member States or create any obligations for the UAE or any of its Member Emirates with regard to the Energy Resources Sector. Accordingly, the Energy Resources Sector is excluded from all aspects and provisions of this Agreement, including Chapter 13 (Dispute Settlement). All matters pertaining to the Energy Resources Sector of any of the Member Emirates are within the exclusive jurisdiction of the Member Emirates, and all determinations and decisions of each Member Emirate made by such Member Emirate's competent authorities pertaining to the Energy Resources Sector (Competent Authorities) that are the subject of its jurisdiction shall be final, binding and not subject to review or challenge.
(c) Upon entry into force of this Agreement and in the event that the UAE with the concurrence of the Member Emirates' Competent Authorities grants any rights excluded by this Annex to a third country with respect to the Energy Resources Sector by a free trade agreement, such rights shall be granted to the EAEU and its Member States.
(d) Notwithstanding the above, in the event of a difference in the interpretation or application of this Annex, the UAE and the EAEU and its Member States commit to have recourse to confidential consultations at the request of either Party under Article 13.7 (Consultations) of the Chapter 13 (Dispute Settlement). The Parties shall make every attempt through consultation to arrive at a mutually satisfactory resolution within 60 days from the request.
(e) In the event that the UAE and the EAEU and its Member States fail to achieve a mutually agreed solution within 60 days following recourse to consultations, or if the UAE fails to comply with the mutually agreed solution within the agreed timeframe, the only recourse of the EAEU and its Member States shall be that it may suspend benefits under this Agreement proportionate to the trade effects which the measure in question causes or threatens to cause. Moreover, the EAEU and its Member States shall repeal its compensatory measure to the extent that the UAE's measure in question ceases to apply. The above-mentioned procedure shall also apply in case of any dispute relating to whether the EAEU and its Member States' compensatory measure under this Annex is proportionate, with the UAE likewise ultimately having the right to suspend benefits proportionately.
(f) The UAE and the EAEU and its Member States agree that this Annex shall constitute an integral part of this Agreement and that, in the unlikely event of any inconsistency between this Annex and any provisions of this Agreement, this Annex shall prevail to the extent of that inconsistency.