PROTOCOL

of May 8, 2015

About introduction of amendments to the Agreement on the Eurasian Economic Union of May 29, 2014 and the separate international agreements entering the right of the Eurasian Economic Union in connection with accession of the Kyrgyz Republic to the Agreement on the Eurasian Economic Union of May 29, 2014

List of amending documents

The Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Russian Federation and the Kyrgyz Republic, being guided by the paragraph the second Article 1 of the Treaty of Accession of the Kyrgyz Republic to the Agreement on the Eurasian Economic Union of the May 29, 2014 signed on December 23, 2014, and also according to article 8 of the specified Agreement, concluded the this Protocol as follows:

Article 1

Due to the accession of the Kyrgyz Republic to the Agreement on the Eurasian Economic Union of May 29, 2014 in the Agreement on the Eurasian Economic Union of May 29, 2014 and the separate international agreements specified in appendix to the Treaty of Accession of the Kyrgyz Republic to the Agreement on the Eurasian Economic Union of May 29, 2014 signed on December 23, 2014 (taking into account the changes made by the Protocol on introduction of amendments to the Agreement on the Eurasian Economic Union of May 29, 2014 and the international agreements signed within forming of the contractual legal base of the Customs union and the Common economic space in connection with accession of the Republic of Armenia (appendix No. 2 to the Treaty of Accession of the Republic of Armenia to the Agreement on the Eurasian Economic Union of May 29, 2014 signed on October 10, 2014)) changes according to appendix to the this Protocol which is its integral part are made.

Article 2

The this Protocol is integral part of the Treaty of Accession of the Kyrgyz Republic to the Agreement on the Eurasian Economic Union of the May 29, 2014 signed on December 23, 2014.

The this Protocol is subject to ratification, except for Items 3 and 4 of appendix to the this Protocol, becomes effective from the date of receipt by depositary through diplomatic channels of the last written notice of accomplishment by state members of the Eurasian Economic Union and the Kyrgyz Republic of the interstate procedures necessary for entry into force:

Treaties of Accession of the Kyrgyz Republic to the Agreement on the Eurasian Economic Union of the May 29, 2014 signed on December 23, 2014;

this Protocol;

The protocol specified in paragraph three of Article 1 of the Treaty of Accession of the Kyrgyz Republic to the Agreement on the Eurasian Economic Union of the May 29, 2014 signed on December 23, 2014.

The Item 3 appendices to the this Protocol becomes effective after 18 months from the date of the introduction of the this Protocol in force.

The item 4 of appendix to the this Protocol becomes effective after 24 months from the date of the introduction of the this Protocol in force.

It is made in the city of Moscow on May 8, 2015 in one authentic copy in Russian.

The authentic copy of the this Protocol is stored in the Eurasian economic commission which, being depositary of the Treaty of Accession of the Kyrgyz Republic to the Agreement on the Eurasian Economic Union of the May 29, 2014 signed on December 23, 2014, and the this Protocol as its integral part, will send to each State Party of the this Protocol its verified copy.

For the Republic of Belarus

For the Russian Federation

For the Republic of Kazakhstan

For the Kyrgyz Republic

For the Republic of Armenia

Appendix

to the Protocol on introduction of amendments to the Agreement on the Eurasian Economic Union of May 29, 2014 and the separate international agreements entering the right of the Eurasian Economic Union in connection with accession of the Kyrgyz Republic to the Agreement on the Eurasian Economic Union of May 29, 2014

The changes made to the Agreement on the Eurasian Economic Union of May 29, 2014 and to the international agreements entering the right of the Eurasian Economic Union

I. The changes made to the Agreement on the Eurasian Economic Union of May 29, 2014

1. Appendix No. 2 to the Protocol on trade in services, organization, activities and implementation of investments (appendix No. 16 to the Agreement on the Eurasian Economic Union of May 29, 2014) to add with the Section V of the following content:

"V. Kyrgyz Republic

1. Conditions and procedure for access to subsidies and other measures of the state support are established by the legislation of the Kyrgyz Republic and authorities and applied fully, but without prejudice to provisions of Sections XXIV and XXV of the Agreement on the Eurasian Economic Union of May 29, 2014 the Items 23 and 26 Law of the Kyrgyz Republic of June 11, 1998 No. 78 "About the basic principles of the budget right in the Kyrgyz Republic",

The law of the Kyrgyz Republic of October 31, 1998 No. 140 "About subsidies and countervailing measures",

laws of the Kyrgyz Republic on the republican budget for the corresponding year,

regulatory legal acts of the Kyrgyz Republic, republican and local state bodies

2. In private property of foreign persons there cannot be parcels of land intended for agricultural production Items 23 and 26 the Land code of the Kyrgyz Republic

3. To foreign persons the parcels of land out of settlements, except for the agricultural holdings and lands provided for use of natural resources can be provided by the Government of the Kyrgyz Republic on the right of urgent (temporary) use Items 23 and 26 the Land code of the Kyrgyz Republic

4. In the border territories of the Kyrgyz Republic having special status making of the civil transactions connected with alienation of any kinds of real estate objects irrespective of patterns of ownership in property to foreign citizens, stateless persons and foreign legal entities, except for kayrylman Items 23 and 26 the Land code of the Kyrgyz Republic is forbidden

The law of the Kyrgyz Republic of July 26, 2011 No. 145 "About giving of special status to the separate border territories of the Kyrgyz Republic and their development"

5. To foreign citizens, stateless persons and foreign legal entities, except for kayrylman, the parcels of land which are in the border territories Items 23 and 26 the Land code of the Kyrgyz Republic cannot be provided on the right of urgent (temporary) use

The law of the Kyrgyz Republic of July 26, 2011 No. 145 "About giving of special status to the separate border territories of the Kyrgyz Republic and their development"

6. The right of termless land use cannot belong to foreign land users Items 23 and 26 the Land code of the Kyrgyz Republic

7. Concerning the agreements on subsurface use between the Government of the Kyrgyz Republic and the subsoil user signed according to the Law of the Kyrgyz Republic of August 9, 2012 No. 160 "About subsoil" if acknowledged foreign legal entity is winner of auction or tender on mineral right or person with whom it is decided to conduct direct negotiations it shall open in the Kyrgyz Republic subsidiary company with 100 percent equity for execution of the license for mineral right Items 26 and 31 (concerning subitems 5 and 6 of Item 30) the Law of the Kyrgyz Republic of August 9, 2012 No. 160 "About subsoil", the Law of the Kyrgyz Republic of April 10, 2002 No. 49 "About production sharing agreements in case of subsurface use"

8. The state body has the right to refuse issue of permission to the applicant to transactions on use of strategic resources and (or) use, acquisition of strategic objects of the Kyrgyz Republic. For the purpose of ensuring national security by the Government of the Kyrgyz Republic restrictions for transition and emergence of the property right to strategic resources (objects) of the Kyrgyz Republic Items 16, 26 and 31 Law of the Kyrgyz Republic of May 23, 2008 No. 94 "About strategic objects of the Kyrgyz Republic" are set

9. Obligations of the investor are provided in the production sharing agreement in case of the subsurface use (further - the Agreement) concluded till January 1, 2015:

on provision to legal entities of the Kyrgyz Republic of the privilege to participation in works on the Agreement as contractors, suppliers, carriers or in other quality based on agreements (contracts) with the investor;

on employees engagement - citizens of the Kyrgyz Republic whose number shall make at least 80 percent of all involved workers; to involvement of foreign workers and specialists only at the initial stages of works on the agreement or in the absence of workers and specialists - citizens of the Kyrgyz Republic of the corresponding qualifications; on order placement on production of the equipment, the technical means and materials necessary for geological studying, development of mineral deposits and conversion of the extracted mineral raw materials, of at least 50 percent of total cost of such orders placed by the legal entities of the Kyrgyz Republic and foreign legal entities performing activities and registered as taxpayers in the territory of the Kyrgyz Republic Items 31 (concerning subitems 3 and 7 of Item 30), 33 and 35 Law of the Kyrgyz Republic of April 10, 2002 No. 49 "About production sharing agreements in case of subsurface use"

10. In case of transfer to concession of property of joint-stock company the right of casting vote in joint-stock company and orders subjects of the concession treaty remains behind the Government of the Kyrgyz Republic.

The property of joint-stock companies in which the state owns at least two thirds of shares, on condition of decision making according to the legislation of the Kyrgyz Republic Items 16, of 26, 31 (concerning subitems 3, of the 5 and 6 Item 30) the Law of the Kyrgyz Republic of March 6, 1992 No. 850-XII "About concessions and the concessionary companies in the Kyrgyz Republic" can act as subject of the concession treaty

11. Obligation of persons of other state members of the Eurasian Economic Union on receipt of consent of authorized body to acquisition in property of the premises located in the territory of the Kyrgyz Republic Items 23 and 26 the Housing code of the Kyrgyz Republic

12. Citizens of the Kyrgyz Republic Item 15 the Housing code of the Kyrgyz Republic" can only be buyers of premises in case of privatization.

2. In the Protocol on financial services (appendix No. 17 to the Agreement on the Eurasian Economic Union of May 29, 2014):

to add appendix No. 1 to the specified Protocol with the Section V of the following content:

"V. Kyrgyz Republic

1. Risks insurance, connected with: there are no restrictions with the international maritime transports with the international commercial space starts with the international insurance which covers fully or partially: international delivery of physical persons international delivery of export (import) loads and the vehicles transporting them, including the responsibility happening from this transportation of goods by the international transport responsibility in case of cross-border movement of individual vehicles only after accession to the international system of agreements and insurance certificates "Green card"

2. Reinsurance and retrocession are not present restrictions

3. Services of insurance agents and insurance brokers restriction the intermediary activities for insurance connected with the conclusion of insurance contracts on behalf of foreign insurance companies in the territory of the Kyrgyz Republic are not allowed (except for the sectors listed in Item 1 of this list) the Law of the Kyrgyz Republic of July 23, 1998 "About the organization of insurance in the Kyrgyz Republic" is not determined No. 96

4. Support services of insurance, including advisory and actuarial services, risk assessment and services in claim settlement are not present restrictions";

to add appendix No. 2 to the specified Protocol with the Section V of the following content:

"V. Kyrgyz Republic

1. Restriction on Items 6 and 11 of appendix No. 17 in the territory of the Kyrgyz Republic financial services can be provided by the financial organizations (suppliers of financial services) and (or) their branches licensed and registered in the Kyrgyz Republic and founded in forms of business according to the legislation of the Kyrgyz Republic. The foreign bank can found branch, representation in the territory of the Kyrgyz Republic by receipt of permission, registration and receipt of the license of National Bank of the Kyrgyz Republic the Law of the Kyrgyz Republic of July 29, 1997 No. 60 "About banks and banking activity in the Kyrgyz Republic", the Law of the Kyrgyz Republic of July 23, 1998 No. 96 "About the organization of insurance in the Kyrgyz Republic", the Law of the Kyrgyz Republic of July 24, 2009 "About the security market" is not determined No. 251 the Regulations on licensing of activities of banks approved by the resolution of board of National Bank of the Kyrgyz Republic of March 2, 2006 the No. 5/7 Procedure for Investment with Nonresident Bank the capital of the branch approved by the resolution of board of National Bank of the Kyrgyz Republic of April 27, 2005 No. 12/8

2. Restrictions on Items 6 and 11 of appendix No. 17 the organization performing ensuring activities of system of protection of deposits is legal entity - the Agency on protection of deposits of the Kyrgyz Republic created by the Government of the Kyrgyz Republic. The agency is the independent non-profit organization which is not pursuing revenue generating purpose the Law of the Kyrgyz Republic of May 7, 2008 No. 78 "About protection of bank deposits (deposits)" is not determined

3. Restriction on Item 6 of appendix No. 17 the organization which received the status of the central depositary is the single organization in the territory of the Kyrgyz Republic performing functions of the central depositary. The central depositary is created in the form of joint-stock company with participation of the state the order of the Government of the Kyrgyz Republic of September 12, 2008 No. 513 "About creation of Central Securities Depository in the Kyrgyz Republic" is not determined".

3. In the Protocol on the single principles and regulations of activities of subjects of natural monopolies (appendix No. 20 to the Agreement on the Eurasian Economic Union of May 29, 2014):

in appendix No. 1 to the specified Protocol:

add with the column sixth "Kyrgyz Republic", having included in it the following text:

in line item 1: "Oil transportation and oil products on bulk distribution lines";

in line item 2: "Transfer and distribution of electrical energy";

in line item 3: "Services in operational - dispatching to management of national power supply system";

in line item 4: "Rail haulings";

in appendix No. 2 to the specified Protocol:

add with the column sixth "Kyrgyz Republic", having included in it the following text:

in line item 1: "Transportation, distribution, storage and sale of natural gas";

in line item 2: "Aeronautical ensuring flights; land servicing of domestic airborne transportations";

in line item 3: "Services of telecommunication and mail service public";

in line item 4: "Production, transfer, distribution and sale of heat energy";

in line item 5: "Centralized water supply and water disposal";

add with line item 12 following contents:

12. Production and sale of electrical energy ".

4. In the Protocol on the coordinated (approved) transport policy (appendix No. 24 to the Agreement on the Eurasian Economic Union of May 29, 2014):

to add the list of services of infrastructure of rail transport with graphs heel Republic of Armenia and the sixth "the Kyrgyz Republic <***>", having included in them the following text:

in line item 1:

according to the column of the fifth: "Provision of infrastructure and accomplishment of necessary works for implementation of movement (passing) of trains";

according to the column sixth: "Provision of infrastructure and accomplishment of necessary works for implementation of movement (passing) of trains";

in line item 2:

according to the column of the fifth: "Provision of infrastructure and accomplishment of necessary works for shunting movements";

according to the column sixth: "Provision of infrastructure and accomplishment of necessary works for shunting movements";

add with footnote of third of the following content:

"<***> Including for sites of infrastructure of accessory of the Kyrgyz Republic in the territory of the Republic of Kazakhstan.".

5. In the Protocol on single rules of provision of industrial subsidies (appendix No. 28 to the Agreement on the Eurasian Economic Union of May 29, 2014):

in the paragraph the second Item 2 of the word "and the Republic of Kazakhstan (including the cities of Astana and Almaty)" shall be replaced with words ", the Republic of Kazakhstan (including the cities of Astana and Almaty) and the Kyrgyz Republic (including the cities of Bishkek and Osh)";

appendix to the specified Protocol:

add with the Section V of the following content:

"V. Kyrgyz Republic

1. Release of the goods recognized Kyrgyz according to criteria of sufficient conversion, from customs duties and taxes when exporting on the territories of free economic zones Bishkek, Naryn and Karakol on other part of customs area of the Eurasian Economic Union according to the Law of the Kyrgyz Republic "About free economic zones" of January 11, 2014 No. 6, the order of the Government of the Kyrgyz Republic of November 3, 1998 No. 715 "About the Procedure for determination of the country of goods' origin, made in free economic zones of the Kyrgyz Republic" and the Agreement on questions free (special, special) economic zones on customs area of custom union and customs procedure of free customs zone of June 18, 2010 <**>. till January 1, 2017.

2. Release of the goods recognized Kyrgyz according to criteria of sufficient conversion from customs duties and taxes when exporting on the territories of free warehouses on other part of customs area of the Eurasian Economic Union according to the Law of the Kyrgyz Republic "About customs regulation" of December 31, 2014 No. 184, the Agreement on free warehouses and customs procedure of free warehouse of June 18, 2010 <**>.

These withdrawals are effective concerning the following owners of the free warehouses included in the register of owners of free warehouses of the Kyrgyz Republic:

OSOO "Altyn-Azhydaar";

JSC Ilbirs;

OSOO "Avinyen";

OSOO "Silk Way";

OSOO "Renesans" till January 1, 2017";

add with footnote of the second of the following content:

"<**> provisions of the Protocol on single rules of provision of industrial subsidies (appendix No. 28 to the Agreement on the Eurasian Economic Union of May 29, 2014) on condition of entering by the Kyrgyz Republic into the legislation of the change establishing as criteria of sufficient conversion according to which determination of the status of the goods made (received) with use of the foreign goods placed under customs procedure of free customs zone or customs procedure of free warehouse of goods is made are not applied to the specified measures:

1) concerning the textile materials and textile products classified in commodity groups of 51 - 63 CN FEA EEU, footwear and its parts classified in commodity group of 64 CN FEA EEU - the criteria of determination of the country of goods' origin established by the Agreement on Rules of determination of the country of goods' origin in the Commonwealth of Independent States of November 20, 2009;

2) concerning the equipment and mechanical devices and their parts classified in goods items 8415, of 8418, 8421 and 8422, of electrical machines and the equipment and their parts, the sound recording and sound-reproducing equipment and its parts, the equipment for record and reproduction of the television image and its parts, classified in goods items 8508, of 8509, of 8510, of 8512, of 8513, of 8516 and 8528 CN FEA EEU - the criteria of determination of the country of goods' origin established by the Agreement on Rules of determination of the country of goods' origin in the Commonwealth of Independent States of November 20, 2009 or other criteria of sufficient conversion established by the legislation of the Kyrgyz Republic as a result of which accomplishment the percentage share of value added cannot constitute less than 40%;

3) concerning the goods classified in goods items of 3901 - 3921 CN FEA EEU - the criteria of determination of the country of goods' origin established by the Agreement on Rules of determination of the country of goods' origin in the Commonwealth of Independent States of November 20, 2009 or other criteria of sufficient conversion established by the legislation of the Kyrgyz Republic as a result of which accomplishment the percentage share of value added cannot constitute less than 50%;

4) concerning the wood and products from it classified in commodity group 44, of furniture from wood and its parts classified in goods items of 9401 and 9403 CN FEA EEU - the criteria of determination of the country of goods' origin established by the Agreement on Rules of determination of the country of goods' origin in the Commonwealth of Independent States of November 20, 2009.".

6. In the paragraph the second Item 2 of the Protocol on measures of the state support of agricultural industry (appendix No. 29 to the Agreement on the Eurasian Economic Union of May 29, 2014) shall be replaced with words the words "and the Republic of Kazakhstan (including the cities of Astana and Almaty)" ", the Republic of Kazakhstan (including the cities of Astana and Almaty) and the Kyrgyz Republic (including the cities of Bishkek and Osh)".

II. The changes made to the international agreements entering the right of the Eurasian Economic Union

7. Ceased to be valid according to the Agreement of 11.04.2017.

8. Ceased to be valid according to the Agreement of 11.04.2017.

9. Ceased to be valid according to the Agreement of 11.04.2017.

10. Ceased to be valid according to the Agreement of 11.04.2017.

11. In the Agreement on some questions of provision of ensuring payment of customs duties, taxes concerning the goods transported according to customs procedure of customs transit, features of collection of customs duties, taxes and procedure for transfer of the collected amounts concerning such goods of May 21, 2010:

in Article 2:

the fifth to add the paragraph with words ", the State Customs Service under the Government of the Kyrgyz Republic";

the paragraph of Republic of Kazakhstan, the sixth after words, to add with the words "state bodies of the executive authority of the Kyrgyz Republic";

the fifth articles 9 after the words "in the Republic of Kazakhstan" to add the paragraph with the words "and in the Kyrgyz Republic";

"<*>" to state footnote with sign in Annex 2 to the specified Agreement in the following edition:

"<*> If the customs authority registering the Certificate is the customs authority of the Republic of Armenia, customs authority of the Republic of Belarus, customs authority of the Republic of Kazakhstan or customs authority of the Kyrgyz Republic, the code of such customs authority is specified taking into account the following features:

for the Republic of Armenia - 051000 and further code of customs authority according to the qualifier of customs authorities (05100000);

for the Republic of Belarus - 112 and further code of customs authority according to the qualifier of customs authorities (11200000);

for the Republic of Kazakhstan - 398 and further code of customs authority according to the qualifier of customs authorities (39800000);

for the Kyrgyz Republic - 417 and further code of customs authority according to the qualifier of customs authorities (41700000).".

12. Ceased to be valid according to the Agreement of 11.04.2017.

13. Ceased to be valid according to the Agreement of 11.04.2017.

14. Ceased to be valid according to the Agreement of 11.04.2017.

15. In the Agreement on questions free (special, special) economic zones on customs area of custom union and customs procedure of free customs zone of June 18, 2010:

the fifth Item 2 of Article 10 of the word "and in the Republic of Armenia till December 1, 2016." shall be replaced with words the paragraph ", in the Republic of Armenia till December 1, 2016 and the Kyrgyz Republic till January 1, 2015";

Ceased to be valid according to the Agreement of 11.04.2017.

Ceased to be valid according to the Agreement of 11.04.2017.

Ceased to be valid according to the Agreement of 11.04.2017.

Ceased to be valid according to the Agreement of 11.04.2017.

Ceased to be valid according to the Agreement of 11.04.2017.

Ceased to be valid according to the Agreement of 11.04.2017.

Ceased to be valid according to the Agreement of 11.04.2017.

Ceased to be valid according to the Agreement of 11.04.2017.

Ceased to be valid according to the Agreement of 11.04.2017.

Ceased to be valid according to the Agreement of 11.04.2017.

Ceased to be valid according to the Agreement of 11.04.2017.

Ceased to be valid according to the Agreement of 11.04.2017.

16. In the Agreement on procedure for movement by physical persons of goods for private use through customs border of custom union and making of the customs transactions connected with their release of June 18, 2010:

Item 2 of article 6 after the words "from the Kazakhstan Side" to add with words "The State Customs Service under the Government of the Kyrgyz Republic - from the Kyrgyz Side";

in Item 4.3 of the Section II of appendix 2 to the specified Agreement after words of Republic of Kazakhstan to add with words ", the Kyrgyz Republic".

17. Ceased to be valid according to the Agreement of 11.04.2017.

18. Ceased to be valid according to the Agreement of 11.04.2017.

19. Paragraph one of Item 2 of article 1 of the Agreement on legal assistance and interaction of customs authorities of state members of custom union on criminal cases and cases on administrative offenses of July 5, 2010 after the words "Customs Control Committee of the Ministry of Finance" to add with the words "from the Kyrgyz Republic-the State Customs Service under the Government of the Kyrgyz Republic".

20. Ceased to be valid according to the Agreement of 11.04.2017.

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