Decision of Economic Court of the Commonwealth of Independent States

of January 15, 1998 No. 01-1/3-97

Economic Court of the Commonwealth of Independent States in structure: the chairman - the Chairman of Economic Court Kazhenov A. B.,

judges of Economic Court of the Apostle D.D., Vylkov I. K., Kerimbayeva A. Sh., Makhmudova L. Sh., Miroshnik V. I., Sarsenbayeva A. O., Simonyana G. V., Tolibova X.,

in case of Medvedeva T. E. secretary,

with participation: General adviser of Economic Court of the Commonwealth of Independent States Solovyanenko N. I.,

having considered case on request of the Executive Secretariat of the Commonwealth of Independent States on interpretation in proceeding in open court,

ESTABLISHED:

The executive Secretariat of the Commonwealth of Independent States appealed to Economic Court with request about interpretation of procedure for application of the Decision of Council of Heads of Government of the Commonwealth of Independent States "About new edition of Item 9 of Rules of determination of the country of goods' origin" of October 18, 1996. The executive Secretariat, in particular, asks to answer question whether shall apply the State Parties of the Commonwealth of Independent States in customs affairs the Decision of Council of Heads of Government of the Commonwealth of Independent States "About new edition of Item 9 of Rules of determination of the country of goods' origin" of October 18, 1996 as the international treaty or application of this Decision requires the edition of national regulations, and also to determine ratio of the called act with the Bases of customs legislations of the State Parties of the Commonwealth of Independent States accepted by the Decision of Council of heads of states of February 10, 1995, according to which:

the State Parties of the Commonwealth have the right to enter other regulations which are not contradicting Bases (preamble);

the procedure for determination of the country of goods' origin is established by the national legal system based on provisions of Bases (Article 122);

features of determination of the country of goods' origin are established by the national legal system (Article 130).

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