DECISION OF ECONOMIC COURT OF COMMONWEALTH OF INDEPENDENT STATES

of March 25, 1996 No. 11/95/C-1/4-96

Economic Court of the Commonwealth of Independent States in structure:

the chairman - the Acting Chairman of Economic Court Tolibov of X.,

judges of Economic Court of Abdrakhmanov S. S., Apostle D.D., Begaliyev M. A., Bekenova R. A., Vylkova I. K., Kerimbayeva A. Sh., Makhmudova L. Sh., Miroshnik V. I., Simonyana G. V.,

in case of Bystrova S. I. secretary.,

with participation:

head of department of the international economic relations of the Ministry of external commercial relations of the Republic of Belarus Shikh V. A.,

General adviser of Economic Court Vorontsov V. A.,

having considered case on request of Arbitration of the Republic of Moldova on interpretation in proceeding in open court,

ESTABLISHED:

On June 16, 1993 between the Government of the Republic of Moldova and the Government of the Republic of Belarus the Free-trade agreement which became effective on December 12, 1994, after accomplishment by agreement parties of necessary interstate procedures was signed.

According to Item 1 of article 1 of this Agreement, "Contracting parties do not apply the customs duties, taxes and fees having equivalent action on export and/or commodity import, one of Contracting Parties coming from customs area and intended for customs area of other Contracting Party".

In pursuance of the specified Agreement the resolution of the Cabinet of Ministers of the Republic of Belarus of April 19, 1995 No. 218 included regulations on not collection of export duties when exporting in the Republic of Moldova of the goods coming from the Republic of Belarus (the last paragraph of Item 2).

On January 6, 1995 the Government of the Republic of Belarus signed with the Government of the Russian Federation the Agreement on the Customs union between the Republic of Belarus and the Russian Federation in which, in particular. establishment of general customs tariffs concerning the third countries is provided (the Item 2 "and" of Article 1, Item 1.1 of Article 2).

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