Due to the creation of the Customs Union by the Republic of Kazakhstan, Republic of Belarus and Russian Federation, formerly separate customs territories of these countries are now combined in a uniform customs territory of the Customs Union.
Member countries of the Customs Union do not impose on each other customs duties and other economic constraints except for special protective, antidumping and countervailing measures.
Within the Customs Union there is a uniform customs tariff and other measures to regulate trade in goods with third countries.
The uniform measures of regulation are provided in the area of technical regulations, sanitary, veterinary and phytosanitary supervision, as well as in licensing.
In regards to some goods, there are certain prohibitions or restrictions on import or export between members of the Eurasian Economic Community and third countries. Such prohibitions or restrictions are implemented through compulsory licensing of exportation and importation of goods. With respect of other goods there is mandatory confirmation of conformity. In addition, the legislation the Customs Union requires certain documents such as special permits, notifications, certificates of state registration, veterinary certificates, expert opinions and other permits and approvals.
Please note that in practice there are numerous problems associated with inconsistency of the legislation of the Republic of Kazakhstan with the legislation of the Customs Union, which is the reason why companies often need qualified legal assistance when implementing import or export within the Customs Union.
GRATA Law Firm’s experts have extensive experience in providing services within the customs legislation of Kazakhstan. We regularly summarise information about specific problems appeared in practice and opportunities to eliminate them.
Based on the results of our successful work and taking into account positive feedback from our clients, we have formed the list of services that can be provided by our team:
advising on licensing control in the territory of the Customs Union;
advising on the need of compulsory conformity assessment (conformity certification or declaration) of imported or exported goods;
advising on obtaining permits for import/export of goods;
obtaining permits, licenses, certificates of conformity;
representing clients in public authorities.
- 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.
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It has shown a particular interest in the Law of 28 December 2017 No. 128-VI on Introducing Amendments and Additions to some Legislative Acts of the Republic of Kazakhstan on Information and Communication ('the Law'), which, among other amendments, requires website operators to collect identification data of website users who post comments on such websites.
GRATA International commented on the following questions:
1- What is the background to the Law, and the Kazakh government's reason for introducing it?
2- Which types of companies will be affected by the provisions with regard to i) identifying website users ii) retaining user data? How is this likely to affect the operation of websites, and their users?
On 29 December 2017 the Republic of Kazakhstan has ratified the Convention on avoidance of double taxation with Ireland and the Protocol thereto (hereinafter – the ‘Convention’).
Команда юристов GRATA International в России подготовила обзор наиболее важных изменений в законодательстве Российской Федерации, вступающих в силу в 2018 году.
Belarus adopted the revolutionary legal framework for IT companies and blockchain enthusiasts. The President’s Decree on Digital Economy comes into force on March 28, 2018.
On December 23, 2017 Managing Partner of GRATA International’s Uzbekistan office Bakhodir Jabborov made a presentation at the Shanghai Bar Association
GRATA International contributed to LexisNexis Mergers & Acquisitions Law Guide 2018. Special Focus - One Belt One Road China Investment.
On November 23 the President of the Republic of Belarus has signed Decree No. 7 “On the Development of Entrepreneurship”. The document significantly simplifies business activities in Belarus. Below you can find main innovations for business introduced by the document.
On 15 December 2017, AmCham HR Committee's December Meeting took place in the office of Nobel Oil in Baku.
On 15 December 2017, the Caspian European Club and Caspian Energy Georgia with the support of the Embassy of the Republic of Azerbaijan in Georgia held the Azerbaijani-Georgian business forum and the third CEO of Lunch Tbilisi.
On 5 December 2017, the 23rd Azerbaijan International Telecommunications and Information Technologies Exhibition and Conference took Place in Baku Expo Centre. The exhibition marked the beginning of High Technologies Week. The organiser of the exhibition was the Caspian Event Organisers.
On 7-9 December 2017, Bolormaa Volodya, Partner, and Altanzaya Gunsen, Taxation Counsel of Absolute Advocates LLP, GRATA International's associate office in Mongolia, have attended International Taxation Conference 2017 in Mumbai, India.
GRATA International performed exceptionally well in this year’s rankings as its Azerbaijan, Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan offices were ranked by Chambers Asia-Pacific 2018, confirming GRATA International's dominant position in Central Asia.
During the Month of November 2017 GRATA International (Russian Federation) generated the most usage from Mondaq users for the category of commercial law.
On 30 November 2017 in Bishkek GRATA International organised a practical seminar: Roadmap to Profitable Small Hydro Power Plant Development, together with international engineering firm ILF Consulting Engineers.
On 28 November 2017 in Almaty GRATA International organised a practical seminar: Roadmap to Profitable Small Hydro Power Plant Development, together with international engineering firm ILF Consulting Engineers.
On 7 December 2017, the results of the national law firms rating – ‘Право.ru-300’ were announced.
On 6 December 2017 the drinks reception was held in Astana, Kazakhstan.
On 5 December 2017 the International Conference "PPP Projects in International Context" was held in Frankfurt-on-Main, Germany.
Yerzhan spoke on key questions of PPP projects implementation in Kazakhstan, particular issues of national legislation, basis PPP models in Kazakhstan, issues relating to regulation of PPP projects and key trends of development of PPP in the near future.
On November 28th, 2017 Nurlan Kyshtobaev, partner of GRATA International Bishkek office conducted a guest lecture on “concession agreements” and “how law firms operate”. The lecture was read to the students of International Business Law department of the American University of Central Asia (AUCA) within the course “Investment Law and Sustainable Development”. Earlier this year, GRATA International in Bishkek signed a MoU with AUCA on cooperation.
4th Downstream Caspian & Central Asia conference was held in Baku, Azerbaijan on November 28.
On 22 November 2017 Dubai Chamber Annual Networking Reception took place in Azerbaijan, Baku with the aim of highlighting achievements, discussing plans, and reward most active companies.
On November 16, 2017, American Chamber of Commerce in Azerbaijan (AmCham Azerbaijan) organized its monthly members’ luncheon.
AmCham Legal and Compliance Working Group hosted its regular meeting on November 1, 2017.
The opening ceremony of the Baku-Tbilisi-Kars railway (BTK) was held on October 30, 2017 in Baku.
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