International trade is an integral part of economic activity of our clients. The international trade law covers a wide range of questions from confidential negotiations on commercial contracts between the companies to the state laws regulating cross-border trade and the international agreements of the World Trade Organization (WTO) and Eurasian Economic Union (EEU) and others.
General development of international trade including integration within the Uniform Economic Space and the Customs Union provides new business possibilities for companies, and sets them new tasks. Challenges faced by companies are represented by understanding and practical application of standards of the "new" customs legislation and the need for compliance with its requirements.
Awareness on the latest changes, development prospects, and also timely adaptation to the constantly changing requirements of the customs legislation is a necessary condition of minimisation of risks connected with customs registration and payment of taxes and customs duties.
Our experts can help with customs and contract regulation issues, currency control and questions of intellectual property when importing or exporting goods.
Our international trade law practice was specifically created for the purpose of satisfaction of our clients’ needs in the light of recognition of Kazakhstan as the full member of the WTO since November 30, 2015 and coming into effect of the treaty of establishment of the EEU on January 1, 2015.
Today we provide high-quality legal advice in the sphere of the international trade law for an embodiment of transnational projects of our clients in the most effective way and reduction of risks of conflicts that can occur with customs and other government bodies of Kazakhstan.
Lawyers of GRATA International have profound knowledge and they are qualified in all aspects of customs and currency regulation in Kazakhstan. Our experience and competence help our clients in due time to reveal potential complications in activity of their companies and to optimize their foreign economic activity.
We work in close cooperation with the best international law firms and experts in WTO dispute settlement in the world.
GRATA International provides, among others, the following legal services in relation to international trade law and the law of the WTO:
- advise on the foreign trade activity, development of the new foreign markets and dealing with barriers in international trade;
- carry out the expert analysis of the international economic treaties, as well as obligations of Kazakhstan as a member of the international trade organizations and regional associations in the context of advantages and risks to business;
- legal support in both Kazakhstan and the international courts of justice and arbitration, Court of EEU, the Eurasian Economic Commission (EEC), and also at various international venues concerning the international trade law;
- represent clients interests in the relations with Kazakhstan government bodies and participate in lawmaking activities on questions of international trade;
- assessment of dispute settlement prospects with the use of protection mechanisms within the WTO, the Commonwealth of Independent States (CIS) and EEU, and development of strategy for such protection;
- representation of interests of the Kazakhstani clients within the investigations coming from introduction of the anti-dumping, countervailing and protective measures which are carried out by national authorities of the USA, the EU and other countries;
- consultation of the foreign import companies concerning the customs law of Kazakhstan, including: Kazakhstani customs classification, rules of an assessment and goods origin, preferential trade regimes and free trade zones, such as EEU;
- consultation of the foreign import companies on the Kazakhstan legislation in the field of technical regulation, sanitary wellbeing of the population, food security;
- consultation of the foreign import companies on the Kazakhstan legislation in the field of protection of intellectual property;
- consultation of the Kazakhstani clients concerning export of goods, services and objects of intellectual property to the countries falling under export control, embargo and economic sanctions;
- representation of Kazakhstani and foreign clients in the disputes arising in connection with violation by the states of norms of the WTO and other trade agreements both in bodies of the WTO for settlement of disputes, and in the appropriate regional and national authorities;
- structuring transactions with use of the advantages provided by rules of international trade including norms of the WTO, and also carrying out (preparation of) regional and bilateral trade agreements;
- consultation of clients concerning the conclusion of export-import transactions.
preparation of analysis of the legislation of the Customs Union concerning a turnover of oil products for a Russian mining company;
advising a French technical engineering company on customs procedures on export of goods from Kazakhstan;
advising a large Russian subsoil user concerning customs regimes, payments and privileges applicable in the territory of Kazakhstan at application of "Tolling structure";
drafting the USAID review of tax and customs legislation regulating import and turnover of humanitarian aid in Kazakhstan and the Customs Union. Development of recommendations about amendments to the legislation of the Republic of Kazakhstan in terms of regulation of humanitarian aid deliveries.
Taxes and Customs Duties at Import and Export of Goods
advising a large Russian subsoil user on customs payments and regimes;
advising a company engaged in sea transportation on customs payments and regimes;
advising a large telecommunication company concerning payment of customs, customs duties and VAT by deliveries in Kazakhstan of various equipment;
legal support in customs audit for an international telecommunication company, in particular, on the issues of customs payments concerning excess amount of additional delivery equipment components;
advising the largest FMCG company concerning potential customs payments and taxes which are subject to payment on import of medical accessories to Kazakhstan;
advising a French company regarding taxation and customs questions on import of space equipment to Kazakhstan;
advising on tax benefits and customs issues connected with Islamic Development Bank financing a delivery of agricultural machinery to Kazakhstan on the basis of contract of financial leasing;
advising a large uranium international company concerning customs payments and charges at an import of incomplete and damaged equipment;
advising a large oil company acting under a PSA on payment of export customs duty.
advising a large foreign company on the import into the territory of the Customs Union of encryption (cryptographic) means;
preparation of a memorandum on the requirements to importation of encryption (cryptographic) means to the Republic of Kazakhstan for a leading communication foreign company;
advising a large Kazakh company on legal requirements of the Customs Union and Kazakhstan in the area of certification and licensing related to importation of cars and spare parts;
preparation of a memorandum on licensing and certification of imported goods in the area of information technology under the laws of Kazakhstan and the Customs Union for a leading foreign company;
advising foreign companies on the issues of importation of medical equipment and medicines to the Republic of Kazakhstan;
advising a major foreign research company on importation of medical equipment for laboratory studies to the territory of Kazakhstan;
preparation of a memorandum for a foreign company on the procedure of obtaining licenses and permits required for the importation of equipment for power plant construction;
preparation of legal opinion for a foreign trade company on the need to obtain the license for the importation of goods, as well as on the procedure and conditions of the goods certification.
successful appeal in court of additionally charged amounts of customs payments, duties and VAT for import of 95 mln Tenge with respect to a mining company;
successful protection of interests of a FMCG company in courts in appealing the results of customs audit regarding royalty inclusion into the customs cost of the goods for the amount of over 1 bln Tenge;
representation of interests of a brewery in courts in appealing the actions of customs authorities on refusal in offset of earlier paid amounts in the account of the forthcoming payments;
successful representation and protection of interests of an uranium company in customs authorities of Kazakhstan on the correctness of calculation of customs payments, customs duties and VAT for amount of 80 mln Tenge.
performance of a customs audit of a producer of ready metal ware, cars and equipment, operating in the territory of a special economic zone, for the correctness of registration of declarations on the goods, change of a customs procedure.
|Shaimerden Chikanayev||Partner, Director of Banking & Finance Department||Almaty||Inquire|
|Assel Ilyasova||Partner, Head of Tax Law Department||Almaty||Inquire|
|Nodir Yuldashev||Partner, Construction, Telecommunications, Transport, Tax and Litigation||Tashkent||Inquire|