2. The Cooperation Council may recommend that paragraph 2 of Article 42 shall apply to other multilateral conventions. If problems in the area of intellectual, industrial and commercial property affecting trading conditions were to occur, urgent consultations will 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 in 1979 and modified in 1984).
4. From the entry into force of this Agreement, the Republic of Azerbaijan 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 Azerbaijan to any third country on an effective reciprocal basis and to advantages granted by the Republic of Azerbaijan to another country of the former USSR.
ANNEX III. Financial services referred to in article 26(3)
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 transactions.
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.
The following activities are excluded from the definition of financial services:
(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 IV. Community reservations in accordance with article 23(2)
Mining
In some Member States, a concession may be required for mining and mineral rights for non-Community 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 of the 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-Community 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 concerning complementary services and infrastructure is restricted.
Professional services
Services reserved to natural persons who are nationals of Member States. Under certain conditions those persons may create companies.
Agriculture
In some Member States national treatment is not applicable to non-Community 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 V. Reservations of the republic of azerbaijan in accordance with article 23(4)
Utilization of subsoil and natural resources, including exploration and production, and
Mining
A concession may be required for foreign companies for exploration and production of hydrocarbon resources as well as for mining some ores and metals.
Fishing
Authorization from the competent governmental body is necessary for fishing.
Hunting
Authorization from the competent governmental body is necessary for hunting.
Real estate (immovable property) purchase
Foreign companies are not allowed to acquire plots of land. Those companies can, however, lease plots of land on a long term basis.
Banking services
Total capital of foreign-owned banks may not exceed a given percentage of the total capital in the domestic banking system.
Azerbaijan undertakes not to reduce for Azerbaijani subsidiaries and branches of Community companies, the ceiling limiting the overall share of foreign capital in the Azerbaijani banking system which applies on the date of initialling of this Agreement unless so required in the framework of IMF programmes in Azerbaijan.
At the latest within five years from the date of signature of the Agreement, Azerbaijan will consider the possibility of increasing the ceiling, taking into consideration all relevant monetary, fiscal, financial and balance of payments considerations and the state of the banking system of Azerbaijan.
Telecommunications and mass media services
Some limitations may be applied to foreign participation.
Professional activities
Some activities are closed, limited, or subject to special requirements for natural persons who are not Azerbaijani nationals.
Historical buildings and Monuments
Activities in this area are subject to restrictions.
The application of the reservations in this Annex can in no case result in treatment less favourable than that accorded to companies of any third country.
Protocol on mutual assistance between administrative authorities in customs matters
1. Definitions
For the purposes of this Protocol:
(a) "customs legislation" shall mean any legal or regulatory provisions applicable in the territory of the Parties governing the import, export, transit of goods and their placing under any customs procedure, including measures of prohibition, restriction and control;
(b) "applicant authority", shall mean a competent administrative authority which has been appointed by a Party for this purpose and which makes a request for assistance in customs matters;
(c) "requested authority", shall mean a competent administrative authority which has been appointed by a Party for this purpose and which receives a request for assistance in customs matters;
(d) "personal data", shall mean all information relating to an identified or identifiable individual.
2. Scope
1. The Parties shall assist each other, in the areas within their jurisdiction, in the manner and under the conditions laid down in this Protocol, in preventing, detecting and investigating operations in breach of customs legislation.
2. Assistance, in customs matters, as provided for in this Protocol, shall apply to any administrative authority of the Parties which is competent for the application of this Protocol. It shall not prejudice the rules governing mutual assistance in criminal matters. Nor shall it cover information obtained under powers exercised at the request of the judicial authority, unless those authorities so agree.
3. Assistance on Request
1. At the request of the applicant authority, the requested authority shall furnish it with all relevant information to enable it to ensure that customs legislation is correctly applied, including information regarding operations noted or planned which are or could be in breach of such legislation.
2. At the request of the applicant authority, the requested authority shall inform it whether goods exported from the territory of one of the Parties have been properly imported into the territory of the other Party, specifying, where appropriate, the customs procedure applied to the goods.
3. At the request of the applicant authority, the requested authority shall, within the framework of its laws, take the necessary steps to ensure that a surveillance is kept on:
(a) natural or legal persons of whom there are reasonable grounds for believing that they are breaching or have breached customs legislation;
(b) places where goods are stored in a way that gives grounds for suspecting that they are intended to supply operations in breach of customs legislation;
(c) movements of goods notified as possibly giving rise to breaches of customs legislation;
(d) means of transport for which there are reasonable grounds for believing that they have been, are or might be used in operations in breach of customs legislation.
4. Spontaneous Assistance
The Parties shall provide each other, in accordance with their laws, rules and other legal instruments, with assistance without prior request if they consider that to be necessary for the correct application of customs legislation, particularly when they obtain information pertaining to:
- Operations which are or appear to be in breach of such legislation and which may be of interest to another Party;
- New means or methods employed in carrying out such operations;
- Goods known to be subject to breaches of customs legislation;
- Natural or legal persons of whom there are reasonable grounds for believing that they are or have been in breach of customs legislation;
- Means of transport for which there are reasonable grounds for believing that they have been are or might be used in operations in breach of customs legislation.
5. Delivery/notification
At the request of the applicant authority, the requested authority shall in accordance with its legislation, take all necessary measures in order:
- To deliver all documents,
- To notify all decisions,
Falling within the scope of this Protocol to an addressee, residing or established in its territory. In such cases Article 6(3) shall apply as far as the request itself is concerned.
6. Form and Substance of Requests for Assistance
1. Requests pursuant to this Protocol shall be made in writing. They shall be accompanied by the documents necessary to enable compliance with the request. When required because of the urgency of the situation, oral requests may be accepted, but must be confirmed in writing immediately.
2. Requests pursuant to paragraph 1 of this Article shall include the following information:
(a) the applicant authority making the request;
(b) the measure requested;
(c) the object of and the reason for the request;
(d) the laws, rules and other legal elements involved;
(e) indications as exact and comprehensive as possible on the natural or legal persons who are the target of the investigations;
(f) a summary of the relevant facts and of the enquiries already carried out, except in cases provided for in Article 5.
3. Requests shall be submitted in an official language of the requested authority or in a language acceptable to such authority.
4. If a request does not meet the formal requirements, its correction or completion may be requested; precautionary measures may, however, be ordered.
7. Execution of Requests
1. In order to comply with a request for assistance, the requested authority shall proceed, within the limits of its competence and available resources, as though it were acting on its own account or at the request of other authorities of that same Party, by supplying information already possessed, by carrying out appropriate enquiries or by arranging for them to be carried out. This provision shall also apply to the administrative department to which the request has been addressed by the requested authority when the latter cannot act on its own.
2. Requests for assistance will be executed in accordance with the laws, rules and other legal instruments of the requested Party.
3. Duly authorized officials of a Party may, with the agreement of the other Party involved and within the conditions laid down by the latter, obtain from the offices of the requested authority or other authority for which the requested authority is responsible, information relating to operations which are or may be in breach of customs legislation which the applicant authority needs for the purposes of this Protocol.
4. Officials of a Party may, with the agreement of the other Party involved and subject to the conditions laid down by the latter, be present at enquiries carried out in the latter's territory.
8. Form In Which Information Is to Be Communicated
1. The requested authority shall communicate results of enquiries to the applicant authority in the form of documents, certified copies of documents, reports and the like.
2. The documents provided for in paragraph 1 may be replaced by computerized information produced in any form for the same purpose.
9. Exceptions to the Obligation to Provide Assistance
1. The Parties may refuse to give assistance as provided for in this Protocol, where to do so would:
(a) be likely to prejudice the sovereignty of the Republic of Azerbaijan or that of a Member State which has been asked for assistance under this Protocol; or
(b) be likely to prejudice public policy, security or other essential interests, in particular in the cases referred to under Article 10(2); or
(c) involve currency or tax regulations other than customs duties legislation; or
(d) violate an industrial, commercial or professional secret.
2. Where the applicant authority asks for assistance which it would itself be unable to provide if so asked, it shall draw attention to that fact in its request. It shall then be left to the requested authority to decide how to respond to such a request.
3. If assistance is refused, the decision and the reasons therefore must be notified to the applicant authority without delay.
10. Information Exchange and Confidentiality
1. Any information communicated in whatsoever form pursuant to this Protocol shall be of a confidential or restricted nature, depending on the rules applicable in each of the Parties. It shall be covered by the obligation of official secrecy and shall enjoy the protection extended to like information under the relevant laws of the Party which received it and the corresponding provisions applying to the Community institutions.
2. Personal data may be exchanged only where the receiving Party undertakes to protect such data in at least an equivalent way to the one applicable to that particular case in the supplying Party.
3. Information obtained shall be used solely for the purposes of this Protocol. Where one of the Parties requests the use of such information for other purposes, it shall ask for the prior written consent of the authority which furnished the information. Moreover, it shall be subject to any restrictions laid down by that authority.
4. Paragraph 3 shall not impede the use of information in any judicial or administrative proceedings subsequently instituted for failure to comply with customs legislation. The competent authority which supplied that information shall be notified of such use.
5. The Parties may, in their records of evidence, reports and testimonies and in proceedings and charges brought before the courts, use as evidence information obtained and documents consulted in accordance with the provisions of this Protocol.
11. Experts and Witnesses
1. An official of a requested authority may be authorized to appear, within the limitations of the authorization granted, as an expert or witness in judicial or administrative proceedings regarding the matters covered by this Protocol in the jurisdiction of the other Party, and produce such objects, documents or authenticated copies thereof, as may be needed for the proceedings. The request for an appearance must indicate specifically on what matters and by virtue of what title or qualification the official will be questioned.
2. The authorized official shall enjoy the protection guaranteed by existing legislation to officials of the applicant authority on its territory.
12. Assistance Expenses
The Parties shall waive all claims on each other for the reimbursement of expenses incurred pursuant to this Protocol, except, as appropriate, for expenses to experts and witnesses and to interpreters and translators who are not public service employees.
13. Application
1. The application of this Protocol shall be entrusted to the central customs authorities of the Republic of Azerbaijan on the one hand and the competent services of the Commission of the European Communities and, where appropriate, the customs authorities of the Member States on the other. They shall decide on all practical measures and arrangements necessary for its application, taking into consideration the rules in force in the field of data protection. They may recommend to the competent bodies amendments which they consider be made to this Protocol.
2. The Parties shall consult each other and subsequently keep each other informed of the detailed rules of implementation which are adopted in accordance with the provisions of this Protocol.