DECISION OF ECONOMIC COURT OF COMMONWEALTH OF INDEPENDENT STATES

of April 10, 2008 No. 01-1/5-07

Economic Court of the Commonwealth of Independent States in structure:

the chairman - the Chairman of Economic Court Abdulloyev F.,

judges of Economic Court: Zholdybayeva S. Zh., Kerimbayeva A. Sh., Miroshnik V. I., Molchanovy T.N., in case of the court clerk Medvedeva T. E.,

with participation of the General adviser of Economic Court of the CIS Tsykunov I. V., specialist Tararyshkina L. I.,

having considered case on request of Commonwealths of Independent States Executive committee on interpretation in proceeding in open court, ESTABLISHED:

The executive committee of the CIS appealed to Economic Court of the CIS with request about interpretation of part two of Item 9 of the Rules of determination of the country of goods' origin approved by the Decision of Council of CIS Heads of Government of November 30, 2000.

The executive committee of the CIS asks to explain whether the free trade regime is applied to the goods coming from the State Parties of the Agreement on creation of the free trade area of April 15, 1994 which delivery is performed by business entities of the State Parties of this Agreement by air en route through the territories of the third countries provided that customs control of the moved goods at the airports of the third countries in case of technical plane landing was not exercised.

The letter of the private trade unitary enterprise "Delovoy Bridge" (Borisov, the Republic of Belarus) on refusal of customs authorities of the Republic of Belarus in provision of free trade regime formed the basis for request to the goods acquired under the contract of delivery with the business owner and conveyed from Turkmenistan by air as transit goods through the territory of the third country.

Having heard the judge-speaker Abdulloyev F., having discussed the conclusions of the General adviser of Economic Court of the CIS Tsykunov I. V., specialist Tararyshkina L. I. and having researched the materials which are available in case, the Economic Court of the CIS notes the following.

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