RESOLUTION OF INTER-PARLIAMENTARY ASSEMBLY OF EURASIAN ECONOMIC COMMUNITY

of April 6, 2010 No. 11

About standard projects of the legal acts "About Foreign Trade Activity" and "About Customs Regulation"

The bureau of Inter-parliamentary Assembly decides:

1. Approve standard projects of the legal acts "About Foreign Trade Activity" and "About Customs Regulation" (are applied).

2. Send standard projects of legal acts to parliaments of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation, and also to the Commission of custom union for use in work on forming of the legal base of custom union.

Appendix 1

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

Standard project of the legal act For foreign trade activity

Chapter 1. General provisions

Article 1. Purposes and scope of this legal act

1. This legal act determines bases of state regulation of foreign trade activity for the purpose of providing favorable conditions for its implementation, and also protection of economic and political interests of the State.

2. This legal act is applied to the relations in the field of state regulation of foreign trade activity, and also to the relations which are directly connected with such activities.

3. Features of state regulation of foreign trade activity in the area connected with export from the State and import to the State including with delivery or purchase, military products, with development and military production, and also features of state regulation of foreign trade activity concerning goods, information, works, services, results of intellectual activities which can be used during creation of weapons of mass destruction, means of its delivery, other types of arms and military equipment are established by international treaties and other national laws.

4. The provisions of this legal act concerning state regulation of foreign trade in services are not applied to:

1) to the services rendered in case of execution of functions of public authorities not on commercial basis and not on the terms of the competition to one or several contractors of services;

2) to the services rendered when implementing activities of National Bank of the State;

3) to the financial services rendered when implementing not on the terms of the competition to one or several contractors of services of activities for social security including in the state provision of pensions, and activities under guarantees of executive body of the State or with use of the state financial resources.

Article 2. The basic concepts used in this legal act

For the purposes of this legal act the following basic concepts are used:

1) similar goods - goods which on the functional purpose, application, quality and technical characteristics are completely identical to other goods, or for lack of such completely identical goods the goods having the characteristics close to characteristics of other goods;

2) reciprocity - provision by one state (group of the states) to other state (group of the states) of certain mode of international trade instead of provision by the second state (group of the states) to the first state (group of the states) of the same mode;

3) the foreign trade barter deal - the transaction made when implementing foreign trade activity and providing exchange of goods, services, works, intellectual property including the transaction which along with the specified exchange provides use in case of its implementation of cash and (or) other means of payment;

4) foreign trade activity - activities for implementation of transactions in the field of foreign trade in goods, services, information and intellectual property;

5) foreign trade in intellectual property - transfer of exclusive rights on intellectual property items or provision of the right to use intellectual property items;

6) foreign trade in information - foreign trade in goods if information is component of these goods, foreign trade in intellectual property if information transfer is performed as assignment of rights on intellectual property items, or foreign trade in services in other cases;

7) foreign trade in goods - import and (or) commodity export. Movement of goods from one part of single customs area on other part of single customs area if such parts are not connected among themselves by the overland territory, through customs area of foreign state is not foreign trade in goods;

8) foreign trade in services - the rendering services (performance of works) including production, distribution, marketing, delivery of services (works);

9) single customs area - the territory consisting of the territories of state members of custom union in relation to which the single tariff is established single measures of non-tariff regulation are applied, the unified customs rules are effective, the unity of management of Customs Services is provided and customs control on internal customs border is cancelled;

10) common customs tariff - the code of rates of the customs duties applied to the goods imported on single customs area from the third countries, systematized according to single the commodity nomenclature of foreign economic activity of custom union (FEACN CU);

11) the free trade area - customs areas on which according to the international treaty with one or several states or groups of the states customs duties and other measures of restriction of foreign trade in the goods occurring from these customs areas concerning almost all foreign trade in such goods within these customs areas, except for possibilities of application in need of such measures are cancelled. At the same time members of the free trade area do not perform any essential coordination concerning application of customs duties and other measures of regulation of foreign trade in goods with the third countries;

12) commodity import - commodity importation on the territory of the state without obligation about the return export;

13) the foreign person - physical person, the legal entity or not being the legal entity by the right of foreign state the organization which are not national faces;

14) the foreign customer of services - the foreign person who ordered services (work) or using them;

15) the foreign contractor of services - the foreign person rendering services (performing works);

16) the Commission of custom union - single permanent regulating authority of custom union;

17) business presence - any form of the organization of business and other economic activity of the foreign person allowed by the legislation of the State or the legislation of foreign state in the territory of the State or national person in the territory of foreign state for the purpose of rendering services, including by creation of the legal entity, branch or representation of the legal entity or participation in the authorized (share) capital of the legal entity. The national legal entity through who the business presence is performed is considered as the foreign contractor of services if the foreign person (foreign persons) owing to the prevailing participation in the authorized (share) capital of the national legal entity, or according to the agreement signed between them, or otherwise has opportunity to determine the decisions made by the national legal entity;

18) the international transit - movement through single customs area of goods, vehicles if such movement is only part of the way which is beginning and coming to an end outside single customs area;

19) the national customer of services - the national person which ordered services (work) or using them;

20) the national contractor of services - the national person rendering services (performing works);

21) national person - the legal entity created according to the legislation of the State, the physical person which is taking the permanent or preferential residence in the territory of the State, the right of permanent residence being the citizen of the State or having in the State or registered as the individual entrepreneur according to the legislation of the State;

22) directly competing goods - the goods which are comparable to other goods according to the destination to application, quality and technical characteristics, and also on other main properties in such a way that the buyer replaces or are ready to replace with it other goods in the course of consumption;

23) non-tariff regulation - package of measures of regulation of foreign trade in goods, the quantitative and other prohibitions and restrictions of economic nature performed by introduction which are set by international treaties of state members of custom union, decisions of the Commission of custom union and regulatory legal acts of the State published according to international treaties of the State;

24) the passport of the foreign trade barter deal - the document necessary for control of foreign trade in goods, services, works, the intellectual property performed based on the foreign trade barter deals;

25) the total (internal) market - set of the economic relations on single customs area;

26) customs and tariff regulation - the method of state regulation of foreign trade in goods performed by application of import and export customs duties;

27) custom union - the form of trade and economic integration of the State Parties of custom union providing single customs area within which in mutual trade in the goods which are occurring from single customs area, and also coming from the third countries and issued in free circulation on this customs area customs duties and restrictions of economic nature, except for special protective, anti-dumping and countervailing measures are not applied. At the same time the State Parties of custom union apply common customs tariff and other single measures of regulation of trade in goods with the third countries;

28) goods - the air, ocean ships which are subject of foreign trade activity personal estate, carried to real estate, inland navigation vessels and mixed (the river - the sea) swimmings and space objects, and also electrical energy and other types of energy. The vehicles used under the agreement on international carriages are not considered in goods quality;

29) participants of foreign trade activity - the national and foreign persons who are engaged in foreign trade activity;

30) commodity export - commodity exportation from the territory of the state without obligation about the return import.

Article 3. Legislation of the State on foreign trade activity

State regulation of foreign trade activity is based on the Constitution of the State and is performed according to this legal act, other laws and other regulatory legal acts of the State, and also the conventional principles and rules of international law and international treaties of the State.

If the international treaty of the State establishes other rules, than those which are provided by this legal act then are applied rules of the international treaty if other is not determined by rules of international law.

Article 4. Basic principles of state regulation of foreign trade activity

The basic principles of state regulation of foreign trade activity are:

1) protection by the state of the rights and legitimate interests of participants of foreign trade activity, and also rights and legitimate interests of national producers and consumers of goods and services;

2) equality and nondiscrimination of participants of foreign trade activity;

3) unity of customs area;

4) reciprocity concerning other state (group of the states);

5) ensuring accomplishment of obligations of the State according to international treaties and implementation of the rights of the State arising from these agreements;

6) the choice of the measures of state regulation of foreign trade activity which are no more burdensome for participants of foreign trade activity than it is necessary for ensuring effective goal achievement to which implementation it is supposed to apply measures of state regulation of foreign trade activity;

7) publicity in development, acceptance and application of measures of state regulation of foreign trade activity;

8) justification and objectivity of application of measures of state regulation of foreign trade activity;

9) exception of unjustifiable interference of the State or its bodies in foreign trade activity and causing damage to participants of foreign trade activity and economy of the State;

10) ensuring defense capability and safety of the State;

11) providing the right to appeal of illegal action (failure to act) of state bodies and their officials, and also the rights to contest of the regulatory legal acts of the State infringing the right of the participant of foreign trade activity to implementation of foreign trade activity in the procedure established by the law;

12) unity of system of state regulation of foreign trade activity;

13) unity of application of methods of state regulation of foreign trade activity in all territory of the State.

Article 5. Trade policy of the State

1. Trade policy of the State is component of economic policy of the State. The purpose of trade policy of the State is creating favorable conditions for national exporters, importers, producers and consumers of goods and services.

2. Trade policy of the State is based on the basis of respect for the conventional principles and rules of international law, and also the obligations following from international treaties of the State.

3. The realization of trade policy of the State is enabled with use of the methods of state regulation of foreign trade activity provided in Article 9 of this legal act.

4. The state according to the Constitution and rules of international law can participate on voluntary basis in free trade areas, custom unions and other interstate educations.

Chapter 2. Powers of public authorities and public authorities of administrative-territorial educations and area of foreign trade activity

Article 6. Powers of public authorities in the field of foreign trade activity

In the field of foreign trade activity treats powers of public authorities:

1) forming of the concept and strategy of development of the foreign trade bonds and basic principles of trade policy of the State;

2) protection of economic sovereignty and economic interests of the State and national persons;

3) state regulation of foreign trade activity, and also state regulation of activities in the field of confirmation of conformity of goods to mandatory requirements in connection with their import to the State and export from the State;

4) establishment of requirements, obligatory in all territory of the State, and criteria of safety for life or health of citizens, property of physical persons or legal entities, the state-owned or municipal property, the environment, life or health of animals and plants when importing to the State of goods and rules of control of them;

5) coordination of international cooperation of the State in the field of space activities and control of development and implementation of the international space projects of the State;

6) establishment of the indicators of the statistical reporting of foreign trade activity obligatory in all territory of the State;

7) the conclusion of international treaties of the State in the field of foreign economic relations;

8) organization, content and liquidation of the trade missions of the State in foreign states;

9) participation in activities of the international economic organizations and implementation of the decisions made by these organizations;

10) determination of procedure for export from the State of goods which component is information which is the state secret;

11) information support of foreign trade activity in the territory of the State;

12) creation of insurance and mortgage funds in the field of foreign trade activity.

The powers in the field of foreign trade activity implement public authorities taking into account provisions of the international treaties regulating activities of custom union.

Chapter 3. Participants of foreign trade activity

Article 7. National persons and foreign persons as participants of foreign trade activity

Any national persons and foreign persons have rights of implementation of foreign trade activity. This right can be limited in the cases provided by international treaties of the State, this legal act and other laws.

Article 8. Participation of the State and its administrative-territorial educations in implementation of foreign trade activity

The state and its administrative-territorial educations perform foreign trade activity according to international treaties, this legal act and other laws.

Chapter 4. Basic provisions of state regulation of foreign trade activity

Article 9. Methods of state regulation of foreign trade activity

1. State regulation of foreign trade activity is performed according to international treaties of the State, this legal act, other laws and other regulatory legal acts of the State by means of:

1) customs and tariff regulation;

2) non-tariff regulation;

3) prohibitions and restrictions of foreign trade in services and intellectual property;

4) the measures of economic and administrative nature promoting development of foreign trade activity and provided by this legal act.

2. Other methods of state regulation of foreign trade activity are not allowed.

Article 10. Powers of the Commission of custom union in the field of regulation of foreign trade activity

1. The commission of custom union according to the international treaties regulating activities of custom union:

1) is performed by maintaining the single commodity nomenclature of foreign economic activity of custom union (FEACN CU);

2) establishes rates of import customs duties (including seasonal);

3) distributes amounts of export and (or) import quotas between the State Parties of custom union and determines method of distribution of shares of export and (or) import quotas among participants of foreign trade activity;

4) determines single system of tariff preferences, including:

a) the list of the developing countries users of single system of preferences of custom union;

b) the list of the least developed countries users of single system of preferences of custom union;

c) the inventory, coming from developing countries and the least developed countries concerning which when importing to single customs area of custom union single tariff preferences are provided;

5) is established by procedure for application of the tariff privileges,

6) is established by procedure for licensing in the field of foreign trade;

7) is determined by the list of separate types of goods, behind export and (or) import of which observation is established;

8) establishes procedure for observation of export and (or) import of separate types of goods;

9) performs other powers provided by international treaties, this legal act and other laws.

Article 11. Powers of public authorities in the field of state regulation of foreign trade activity

1. Distribution of powers of the President of the State and Government in the field of state regulation of foreign trade activity is performed according to the Constitution of the State and other regulatory legal acts of the State.

2. In the field of state regulation of foreign trade activity the following main state functions are subject to distribution:

1) determination of the main directions of trade policy of the State, ensuring carrying out in the State of single trade policy and implementation of measures for its realization;

2) establishment of prohibitions and restrictions of foreign trade in goods, services and intellectual property for the purpose of participation of the State in the international sanctions;

3) determination of procedure for import to the State and export from the State of precious metals and gemstones;

4) application of special protective measures, anti-dumping measures and countervailing measures when implementing foreign trade in goods, and also other measures for protection of economic interests of the State;

5) establishment of rates of customs tariff in the limits determined by the law, except for import customs duties;

6) establishment of allowing export procedure and (or) import of separate types of goods which can make adverse effect on safety of the state, life or health of citizens, property of physical persons or legal entities, the state-owned or municipal property, the environment, life or health of animals and plants, and also determination of the list of separate types of goods to which such procedure is applied;

7) establishment of procedure for forming and maintaining information bank of the granted licenses;

8) decision making about negotiation and signing of international treaties by the State;

9) decision making about introduction as response measures concerning foreign states of restrictions of foreign trade in goods, services and intellectual property in the cases provided by this legal act;

10) determination of procedure for import to the State and export from the State of the sharing (split) nuclear substances;

11) establishment of procedure for export from the State of goods which component is information which is the state secret;

12) implementation of other powers in the field of state regulation of foreign trade activity and the state control in this area.

3. Development of the offers concerning trade policy of the State, state regulation of foreign trade activity, the conclusion of the international trade agreements and other agreements of the State in the field of foreign economic relations is performed by authorized body of the executive authority, given the right of state regulation of foreign trade activity.

4. The executive body specified in part 3 of this Article makes the offers concerning trade policy of the State and provides realization of tasks on protection of economic interests of the State, administrative-territorial formations of the State and national persons, and also carrying out the measures connected with state regulation of foreign trade activity.

5. The executive body specified in part 3 of this Article is the single public authority granting licenses.

Article 12. The conclusion of the international trade agreements and other agreements of the State in the field of foreign economic relations

1. Offers on the conclusion of the international trade agreements and other agreements of the State in the field of foreign economic relations are represented by the executive body specified regarding 3rd Article 11 of this legal act.

2. The offers on the conclusion of the international treaties of the State raising the questions of foreign economic relations made by other executive bodies are approved with the executive body specified regarding 3rd Article 11 of this legal act. In need of consultations with relevant organs of foreign states or the international organizations for the purpose of preparation of drafts of such international treaties these consultations are held in coordination with the executive body specified regarding 3rd Article 11 of this legal act.

Article 13. Publicity in development of measures of state regulation of foreign trade activity

1. In case of development of regulatory legal act of the State regulating implementation of foreign trade activity, the public authority, responsible for its development, has the right to hold consultations with administrative-territorial formations of the State, the national organizations and other persons whose economic interests can be infringed by acceptance of such regulatory legal act (interested persons).

2. The public authority specified regarding 1 this Article makes the decision on method and form of carrying out consultations, and also on method and form of finishing information on the course and results of carrying out consultations to data of interested persons.

3. Not carrying out consultations cannot be the basis for recognition of regulatory legal act of the State invalid.

Article 14. Entry into force of regulatory legal acts in the field of foreign trade activity

Regulatory legal acts in the field of foreign trade activity become effective in terms and according to the procedure which are stipulated by the legislation the States.

Article 15. Confidentiality

Public authorities of the State and the officials of public authorities of the State performing the activities connected with state regulation of foreign trade activity shall provide confidentiality of information, component the state, commercial and protected by the law other secret and to use it only for the purpose of for which such information is provided.

Article 16. Right to appeal of the decision, action (failure to act) of state body or its official

1. The participant of foreign trade activity has the right to appeal the decision, action (failure to act) of state body or its official if such decision, by action (failure to act), according to the participant of foreign trade activity, violates its rights, freedoms or legitimate interests, to it obstacles to their realization are created or any obligation is illegally assigned to it.

2. Any person has the right to appeal the decision, action (failure to act) of state body or its official according to the procedure and terms which are established by the legislation of the State.

Chapter 5. State regulation of foreign trade activity in the field of foreign trade in goods

Article 17. Customs and tariff regulation

For the purpose of regulation of foreign trade in goods, including for protection of the domestic market of the State and stimulation of progressive structural changes in economy, according to the offer of the State the Commission of custom union establishes import and customs duties.

Export customs duties are established by the State.

Article 18. Non-tariff regulation

Non-tariff regulation of foreign trade in goods is performed by the Commission of custom union on the offer of the State.

Article 19. Introduction of the measures affecting foreign trade in goods, unilaterally

1. The state can enter unilaterally the measures which are affecting foreign trade in goods and not having economic character (further - temporary measures) if they are directed on:

- respect for public morals and law and order;

- ensuring defense and safety;

- protection of life or health of citizens, environment, life or health of animals and plants;

- protection of cultural values and cultural heritage;

- protection of intellectual property;

- prevention of exhaustion of irreplaceable natural resources;

- prevention or reduction of critical shortcoming in the domestic market of food or other products which are significantly important for the domestic market;

- protection of external financial position and maintenance of balance of paying balance.

2. For the purpose of introduction of temporary measures the State notifies the Commission on their introduction and submits the offer on application of temporary measures by other Parties for its consideration.

3. The commission considers the offer of the State and following the results of consideration of the offer makes the decision on introduction of temporary measures on single customs area.

4. If the decision on introduction of temporary measures on single customs area is not taken temporary measures no more than 6 months from the date of their introduction are effective.

Article 20. Observation of export and (or) import of separate types of goods

1. Observation of export and (or) import of separate types of goods is performed by the Commission of custom union for the purpose of monitoring of dynamics of export and (or) import of separate types of goods.

Reasons for need of introduction of observation of export and (or) import of separate types of goods are represented as at the initiative of the State, and the Commission.

2. The list of separate types of goods concerning which observation is entered and also its terms are established by the Commission.

Goods concerning which observation is entered are included in the single list.

3. Export and (or) import of separate types of goods concerning which observation is entered are performed on permissions which are issued by authorized bodies of the executive authority of the State.

4. Lack of permission is the basis for refusal in customs clearance of goods.

Article 21. Exclusive export right and (or) import of separate types of goods

1. The right to implementation of foreign trade activity can be limited by provision of exclusive export right and (or) import of separate types of goods.

2. Lists of separate types of goods, for export and (or) import of which the exclusive right is granted, are determined by the Commission of custom union.

The organizations to which the exclusive export right and (or) import of separate types of goods is provided are determined by the national laws.

3. The exclusive export right and (or) import of separate types of goods is performed on the basis of the license. Licenses for implementation of exclusive export right and (or) import of separate types of goods are issued by the executive body specified regarding 3rd Article 11 of this legal act.

4. The transactions on export and (or) import of separate types of goods made without license for implementation of exclusive export right and (or) import of separate types of goods are insignificant.

5. The organizations to which the exclusive export right and (or) import of separate types of goods is provided make transactions on export and (or) import of separate types of goods, based on the principle of nondiscrimination and being guided only by commercial reasons.

Article 22. Special protective measures, anti-dumping measures and countervailing measures

According to the law special protective measures, anti-dumping measures and countervailing measures in case of commodity import for protection of economic interests of national producers of goods can be entered.

Article 23. Freedom of the international transit

1. If other is not established by the laws, the international transit is performed freely on railway, water, air and road tracks, the most suitable for international carriages. In case of the international transit the distinctions based on flag, place of registration, the place of origin of the vessel, the place of calling, the place of exit or destination, the point of departure or any circumstances relating to property on goods, the vessel or other vehicles are not allowed if other is not provided by this legal act, other laws.

2. According to the customs legislation of the State requirements about import of separate types of goods and vehicles of the territory of the State or export of separate types of goods and vehicles from the territory of the State through certain check point through Frontier of the State and about their movement along certain routes can be established.

3. This Article is not applied to the international transit movement of aircrafts, except for airborne transit transportations of goods.

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