5. The Republic of Belarus shall inform the Cooperation Council of any measures it intends to take under the terms of this Annex, and, at the request ofthe Community, consultations shall be held in the Cooperation Council on such measures and the sectors to which they apply before they enter into force.
ANNEX III. Community reservations in accordance with article 22(l)(b)
Mining
In some Member States, a concession may be required for mining and mineral rights for non-EC controlled companies.
Fishing
Access to and use of the biological resources and fishing grounds situated in the maritime waters coming under the sovereignty or within the jurisdiction of Member States ofthe Community is restricted to fishing vessels flying the flag of a Community Member State and registered in Community territory unless otherwise provided for.
Real estate purchase
In some Member States, the purchase of real estate by non-EC companies is subject to restrictions.
Audiovisual services including radio
National treatment concerning production and distribution, including broadcasting and other forms of transmission to the public, may be reserved to audiovisual works meeting certain origin criteria.
Telecommunications services including mobile and satellite services
Reserved services
In some Member States market access conceming complementary services and infrastructures is restricted.
Professional services
Services reserved to natural persons nationals of Member States. Under certain conditions those persons may create companies.
Agriculture
In some Member States national treatment is not applicable to non-EC controlled companies which wish to undertake an agricultural enterprise. The acquisition of vineyards by non-EC controlled companies is subject to notification, or, as necessary, authorization.
News agency services
In some Member States limitations of foreign participation in publishing companies and broadcasting companies.
ANNEX IV. Belarusian reservations in accordance with article 22(2)(a)
The Republic of Belarus reserves the mght to maintain limited exceptions to national treatment, as provided in Article 22, paragraph 2 (a), in the sectors or matters indicated below:
- Ownership of insurance companies for foreigners is limited to 49% of the capital
- Electric, power stations connected to the United Energy System
- Ownership of land; exploration and exploitation of natural resources; ownership of real property: Community companies established in the territory of Belarus shall have, from entry into force of this Agreement, the right to acquire, use rent and sell real property, and as regards natural resources, agricultural land and forestry, the right to lease, where these are directly necessary for the conduct of the economic activities for which they are established. This right does not include the right of establishment for the purposes of dealing and agency in the area of real estate and natural resources.
- Acquisition of state and municipal property in the course of denationalization and privatization
- Special licensing requirement for dealership in Government securities of the Republic of Belarus
- Specific licensing for the provision of common camier, telephone, and telegraph network services
- Ownership and specific licensing for operation of broadcast or common carrier, radio, and television stations
- Customhouse brokers
- Detective and security services
These reservations shall apply during a transitional period not exceeding five years from the date of entry into force of this Agreement. They shall be applied on a non discriminatory basis.
ANNEX V. Financial services: definitions (article 25)
A financial service is any service of a financial nature offered by a financial service provider of a party. Financial services include the following activities:
A. All insurance and insurance-related services;
1. Direct insurance (including co-insurance).
(i) Life
(ii) non-life
2. Reinsurance and retrocession.
3. Insurance intermediation, such as brokerage and agency.
4. Services auxiliary to insurance, such as consultancy, actuarial, risk assessment and claim settlement services.
B. Banking and other financial services (excluding insurance).
1. Acceptance of deposits and other repayable funds from the public.
2. Lending of all types, including, inter-alia, consumer credit, mortgage credit, factoring and financing of commercial transaction.
3. financial leasing.
4. All payment and money transmission services, including credit charge and debit cards, travellers cheques and bankers drafts.
5. Guarantees and commitments.
6. Trading for own account or for the account of customers, whether on an exchange, in an over the counter market or otherwise, the following:
(a) money market instruments (cheques, bills, certificates of deposits, etc.)
(b) foreign exchange
(c) derivative products including, but not limited to, futures and options
(d) exchange rates and interest rate instruments, including products such as swaps, forward rate agreements, etc.
(e) transferable securities
(f) other negotiable instruments and financial assets, including bullion.
7. Participation in issues of all kinds of securities, including under-writing and placement as agent (whether publicly or privately) and provision of services related to such issues.
8. Money brokering.
9. Asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, custodial depository and trust services.
10. Settlement and clearing services for financial assets, including securities, derivative products, and other negotiable instruments.
11. Advisory intermediation and other auxiliary financial services on all the activities listed in points 1 to 10 above, including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy.
12. Provision and transfer of financial information, and financial data processing and related software by providers of other financial services.
Are excluded from the definition of financial services the following activities:
(a) Activities carried out by central banks or by any other public institution in pursuit of monetary and exchange rate policies.
(b) Activities conducted by central banks, government agencies or departments, or public institutions, for the account or with the guarantee of the government, except when those activities may be carried out by financial service providers in competition with such public entities.
(c) Activities forming part of a statutory system of social security or public retirement plans, except when those activities may be carried out by financial service providers in competition with public entities or private institutions.
ANNEX VI. Cross-border supply of services
List of services for which the Parties shall grant MFN treatment in accordance with art 28
Sectors to be covered, according to the provisional Central Product Classification (CPC) of the United Nations Organization:
Consultancy services relating to accounting review services: part of CPC 86212 other than "auditing services" , Consultancy services relating to bookkeeping services CPC 86220
Engineering services CPC 8672
Integrated engineering services CPC 8673
Advisory and Pre-design architectural services CPC 86711
Architectural design services CPC 86712
Urban planning and landscape architectural services.CPC 8674
Computer and related services:
Consultancy services related to the installation of computer hardware CPC 841 Software implementation services CPC 842
Data base services CPC 844
Advertising CPC 871
Market research and opin‘on polling CPC 864
Management consulting services CPC 866
Technical testing and Analysis services CPC 8676
Advisory and consulting services relating to agriculture, hunting and forestry Advisory and consulting services relating to fishing
Advisory and consulting services relating to mining
Printing and publishing CPC 88442
Convention services
Translation services CPC 87905
Interior design services CPC 87907
Telecommunications:
Value added services including (but not limited to) Electronic Mail, Voice Mail, On-line information and Data base retrieval, Data processing, EDI, Code and Protocol conversion
Packet and Circuit switched data services
Construction and related engineering services: site investigation work CPC 5111
Franchising CPC 8929
Aduit education services by correspondence part of CPC 924
News and press agency services CPC 962
Rental/leasing services without operators related to other transport equipment (CPC 83101 private cars, 83102 goods transport vehicles, 83105) and relating to other machinery and equipment (CPC 83106, 83107, 83108, 83109)
Commission agents services and wholesale trade services related to import-export trade (part of CPC 621 and 622)
Research and development in software
Reinsurance and retrocession and the services auxiliary to insurance, such as consultancy, actuarial, risk assessment and claim settlement services
Insurance of risks relating to:
(i) maritime shipping and commercial aviation and space launching and freight (including satellites) with such insurance to cover any or all of the following: persons being transported, the goods being exported from or imported to, the same vehicle transporting the goods and any liability arising therefrom;
(Ii) goods in international transit. Data processing services CPC 843
Provision and transfer of financial information and financial data processing (see paragraphs B.11 and B.12 of Annex V).
ANNEX VII. Provisions in relation to article 30
Part A.
The consultations shall begin within thirty days of the request therefor by the first Party. They shali be held with a view to reaching agreement either on:
- withdrawal by the other Party of the measures which have resulted in the significantly more restrictive situation; or
- adjustments of the obligations of both Parties; or
- adjustments to be made by the first Party to compensate for the more restrictive situation created by the other Party.
If agreement is not reached within sixty days of the request for consultations made by the first Party, such first Party may make appropriate compensatory adjustments to its obligations. Such adjustments shall be made to the extent and for such time as is necessary to take account of the significantly more restrictive situation created by the other Party. Priority must be given to those measures which least disturb the functioning of the Agreement. The nghts which economic operators have acquired under the Agreement at the time such adjustments are made shall not be affected by the said adjustments.
Part B.
1. Acting in the spirit of partnership and cooperation the Government of Belarus shall inform the Community, during a transitional period of three years following the signature of the Agreement, of its intentions to submit new legislation or adopt new regulations which may render the conditions for for cross-border supply of services by Community companies or branches more restrictive than the situation existing on the day preceding the date of signature of the Agreement. The Community may request Belarus to communicate the drafts of such legislation or regulations and to enter into consultations about those drafts.
2. Where new legislation or regulations introduced in Belarus within the transitional period mentioned in paragraph 1 would result in rendering the conditions for cross-border supply of services by Community companies or branches more restrictive than the situation existing on the day of signature of the Agreement, such respective legislation or regulations shall not apply to such companies and branches, until the expiry of a period of three years from such entry into force.
ANNEX VIII. Intellectual, industrial and commercial property rights conventions referred to in article 34a(2) :
1. Paragraph 2 of Article 34a concerns the following multilateral conventions:
Berne Convention for the Protection of Literary and Artistic Works (Paris Act, 1971);
Internationa! Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome, 1961);
Protocol relating to the Madrid Agreement concerning the International Registration of Marks (Madrid, 1989);
Nice Agreement concerning the International Classification of Goods and Services for the purposes of the Registration of Marks (Geneva 1977, amended 1979);
Budapest Treaty on the Intemational Recognition of the Deposit of Micro-organisms for the purposes of Patent Procedures (1977, modified in 1980);
International Convention for the Protection of New Varieties of Plants (UPOV) (Geneva Act, 1991).
2. The Cooperation Council may recommend that paragraph 2 of Article 34a shall apply to other multilateral conventions. If problems in the area of intellectual, industrial, and commercial property affecting trading conditions were to occur, urgeht consultation shall be undertaken, at the request of either Party, with a view to reaching mutually satisfactory solutions.
3. The Parties confirm the importance they attach to the obligations arising from the following multilateral conventions:
Paris Convention for the Protection of Industrial Property (Stockholm Act, 1967 and amended in 1979);
Madrid Agreement concerning the International Registration of Marks (Stockholm Act, 1967, and amended in 1979);
Patent Cooperation Treaty (Washington 1970, amended and modified in 1984);
4. From the entry into force of this Agreement the Republic of Belanus shall grant to Community companies and nationals, in respect of the recognition and protection of intellectual, industrial and commercial property, treatment no less favourable than that granted by it to any third country under bilateral agreements.
5. The provisions of paragraph 4 shall not apply to advantages granted by the Republic of Belarus to any third country on an effective reciprocal basis or to advantages granted by the Republic of Belarus to another country of the former USSR.
Joint declaration concerning article 13
The Community and the Republic of Belarus declare that the text of the safeguard clause does not grant GATT safeguard treatment.
Joint declaration concerning article 13bis
It is understood that the provisions of Article 13bis are neither intended to, nor shall slow down, hinder or impede the procedures provided for in the respective legislations of the Parties regarding anti-dumping and subsidies investigations.
Joint declaration concerning article 22
Without prejudice to the reservations listed in Annexes III and IV and to the provisions of Articles 32b and 23e, the Parties agree that the words "in conformity with their legislation and regulations" mentioned in paragraphs 1 and 2 of Article 22 mean that each Party may regulate the establishment and operation of companies on its territory, provided that these regulations do not create for the establishment and operations of companies of the other Party any new reservation resulting in a less favourable treatment than that accorded to their own companies or to companies or branches or subsidiaries of companies of any third country.
Joint declaration concerning articles 28 and 28bis
The Community declares that the cross-border supply of services as referred to in Articles 28 and 28bis does not imply the movement of the service supplier into the territory of the country for which the service is destined, nor the movement of the recipient of the service into the territory of the country from which the service comes.
Joint declaration concerning article 28bis
The Parties agree that the words "pursuant to the legislation and regulations applicable in each Party" mean that each party may regulate the conditions of cross border supply of services into its territory provided that in so doing it does not result in a less favourable treatment for the companies of the other Party than that accorded to companies of any third country.
Joint declaration concerning article 32
The sole fact of requiring a visa for natural persons of certain Parties and not for those of others shall not be regarded as nullifying or impairing benefits under a specific commitment. :
Joint declaration concerning the notion of "control" in article 24(b) and article 32a
1. The Parties confirm their mutual understanding that the question of control shall depend on the factual circumstances of the particular case.
2. A company shall, for example, be considered as being "controlled" by another company, and thus a subsidiary of such other company if:
the other company holds directly or indirectly a majority of the voting nights, or
the other company has the nght to appoint or dismiss a majonty of the administrative organ, of the management organ or of the supervisory organ and is at the same time a shareholder or member of the subsidiary.
3. Both Parties consider the criteria in paragraph 2 to be non-exhaustive.
Joint declaration concerning article 34a
The Parties agree that for the purpose of the Agreement, intellectual, industrial and commercial property includes in particular copyright, including the copyright in computer programs, and neighbouring rights, the rights relating to patents, industrial designs, geographical indications, including appellations of origin, trademarks and service marks, topographies of integrated circuits as well as protection against unfair competition as referred to in Article 10 bis of the Paris Convention for the protection of Industrial Property and protection of undisclosed information on know-how.
Joint declaration concerning article 76a
The Parties agree, for the purpose of its correct interpretation and its practical application, that the term "cases of special urgency" included in Article 76a of the Agreement mean cases of material breach of the Agreement by one of the Parties. A material breach of the Agreement consists in
(a) repudiation of the Agreement not sanctioned by the general rules of international law, or
(b) violation of the essential elements of the Agreement set out in Article 2.