Novelties In Legislation

This Client Update covers the key amendments to the laws of the Republic of Kazakhstan ("RK") and various legal developments introduced in March 2018.

NOVELTIES IN LEGISLATION

The laws covered by the present Client Update are related to both public and private sectors. Some of them may be of interest to you as they may affect your business in Kazakhstan.

We would like to draw your attention to the following legal acts.

INTERNATIONAL AGREEMENTS

EES Import Customs Duties

On 29 May 2014, the Kyrgyz Republic joined the Eurasian Economic Union Treaty ("the Treaty"). On 23 December 2014, a Protocol on Application of Certain Provisions of the Treaty ("the Protocol") was signed. Kazakhstan ratified the Protocol on 14 March 2018 pursuant to the Law No. 143-VI1.

The Protocol regulates the distribution of import customs duties for each member state of the Eurasian Economic Union:

The Republic of Armenia - 1.220 per cent; The Republic of Belarus - 4.560 per cent; The Republic of Kazakhstan - 7.055 per cent; The Kyrgyz Republic - 1.900 per cent; The Russian Federation - 85.265 per cent. The Protocol will come into force from the 1st day of the month following the month when the last written notification required for the enactment of the Protocol is received by the depositary through diplomatic channels.

Specific EEU Subsidies

On 14 March 2018, the President of the RK signed the Law No. 144-VI, which ratifies the Agreement of the Eurasian Economic Union ("the EEU") concerning specific subsidies.2 The Agreement was signed in Kazan city on 26 May 20173.

The Agreement among others:

Provides for interaction between member states of the EEU and the Eurasian Economic Commission (the "Commission") in connection with specific subsidies for industrial goods granted by member states; Determines the procedure for voluntary coordination with the Commission of the specific subsidies granted by member states, as well as the outline of proceedings initiated by the Commission in relation to those specific subsidies. The Agreement will come into force from the date of obtaining by the depositary through diplomatic channels of the written notification that the EEU member states have fulfilled the domestic procedures required for the enactment thereof.

Free Trade Zone Between the EEU and Its Member States and the Islamic Republic of Iran

On 7 March 2018, members of the Council of the Commission signed the Resolution No. 17 "On the Draft Interim Agreement Leading to the...

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