RESOLUTION OF INTER-PARLIAMENTARY ASSEMBLY OF EURASIAN ECONOMIC COMMUNITY

of April 6, 2010 No. 11-10

About the standard project of the legal act "About Special (Free) Economic Zones"

The inter-parliamentary Assembly decides:

1. Approve the standard project of the legal act "About Special (Free) Economic Zones" it (is applied).

2. Send the approved standard project to parliaments of gosudarstvchlen of Community for use in case of development of acts of the national legal system.

3. Recommend to Integration Committee of EurAsEC to consider provisions of this standard project by preparation of the corresponding international treaties and decisions of bodies of Community.

Appendix

to the resolution MPA of EurAsEC of April 6, 2010 No. 11-10

Standard project of the legal act For special (free) economic zones

Chapter 1. General provisions

Article 1. Regulation subject

This standard project determines procedure and conditions of creation, management, functioning and liquidation of special (free) economic zones in the territory of state member of EurAsEC.

Article 2. Concept of special (free) economic zone

1. The special (free) economic zone represents limited part of the state territory with precisely designated borders on which preferential economic terms and the particular legal regime for national and foreign legal entities and physical persons establishing more favorable, than regular, conditions for implementation of priority types of activity are created.

2. Special (free) economic zones are characterized by the fact that the separate companies or groups of companies and the organizations, ports, other business entities of state member of EurAsEC including the states not being the participant of integration educations are transferred to the international mode of economic activity.

Special (free) economic zones are directly connected with development of joint venture as assume active use of the foreign capital for the solution of tasks on realization of the priority directions of economic activity.

Article 3. Purposes of creation of special (free) economic zones

Special (free) economic zones are created for the purpose of increase in economic and social development of state member of EurAsEC, its certain regions and the territories on the basis of investment attraction creating favorable conditions (including foreign), the new equipment and technologies for development of productive forces and increase in production efficiency of goods, competitive in the world market, developments of transport infrastructure, tourism and the sanatorium sphere, scientific and technical progress, activation of foreign economic activity and integration of state member of EurAsEC.

Article 4. Subjects of business activity in the territory of special (free) economic zones

1. Subjects of business activity in the territory of special (free) economic zone are the legal entities and physical persons registered by administration of special (free) economic zone performing in it productive, trading and other activity irrespective of their forms of business provided by the civil national legal system and also branches of foreign legal entities who are accredited in special (free) economic zone according to the national legal system.

2. The order of registration and accreditations of subjects of business activity in special (free) economic zones is established by the national legal system.

3. The procedure for establishment of the amounts of productive, business activity meeting requirements of registration of the subject of business activity in special (free) economic zone is determined by the national legal system.

Article 5. State guarantees of the rights of subjects of special (free) economic zones

1. In the territory of special (free) economic zone the state member of EurAsEC guarantees observance of the rights and legitimate interests of subjects of business activity on investment, income gained from them and profit, and also stability of conditions of conducting business activity.

2. By regulations on special (free) economic zones of state member of EurAsEC additional guarantees and privileges, including from adverse change of national legislative or other regulatory legal act of state member of EurAsEC can be provided.

3. In case of change of legal regime of special (free) economic zone or its early abolition, including change of borders of its territory, the right of continuation of such activities on the conditions corresponding to the moment of investment of investments before the termination of term on which is guaranteed to her subjects of business activity the special (free) economic zone, but was created no more than ten years.

Term is estimated from the date of cancellation or change of legal regime of special (free) economic zone.

4. Concerning subjects of business activity of special (free) economic zone it is not allowed:

1) discrimination and other illegal restrictions of the rights;

2) forced nationalization, requisition, or similar measures on the action, except for the temporary termination of export of the invested property from the territory of special (free) economic zone before repayment by the investor of debt on obligations.

The losses, lost profit and moral damages caused to subjects of business activity in the territory of special (free) economic zones as a result of unreasonable intervention in their activities of the state and other bodies or officials are subject to compensation judicially.

Article 6. Types of special (free) economic zones

The special (free) economic zone can be carried to certain type according to nature of the activities performed or planned for its territories and depending on specific purposes of creation of zone.

In the territory of state member of EurAsEC special (free) economic zones of different functional types can be created.

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