In case of divergence of interpretations of the Treaty, the text in the Russian language shall prevail.
The original of this Treaty shall be stored by the Eurasian Economic Commission, which, being the Depositary of this Treaty, shall send each Party a certified copy thereof.
Conclusion
Done in Astana on 29 May 2014, signed in a single copy in the Belarusian, Kazakh and Russian languages, all texts shall be equally authentic.
In case of any divergence of interpretation of this Treaty, the Russian text shall be used.
The original of this Treaty shall be deposited at the Eurasian Economic Commission, which, as the depositary of this Treaty, shall send each Party a certified copy of this Treaty.
For the Republic of Belarus
(signature)
For the Republic of Kazakhstan
(signature)
For the Russian Federation
(signature)
Attachments
I. General Provisions
1. This Protocol has been developed in accordance with Articles 65-69 of the Treaty on the Eurasian Economic Union (hereinafter "the Treaty") and determines the legal basis for regulating trade in services, establishment activities and investments in the Member States.
2. The provisions of this Protocol shall apply to any and all measures taken by the Member States with regard to the supply and receipt of services, as well as incorporation, activities and investments.
Specific features of legal relations arising in connection with the trade in telecommunication services shall be in accordance with Annex 1 to this Protocol.
"Horizontal" restrictions maintained by the Member States in respect of all sectors and activities shall be determined in accordance with Annex 2 to this Protocol.
Individual national lists of restrictions, exceptions, additional requirements and conditions (hereinafter "the national lists"), provided for by paragraphs 15-17, 23, 26, 28, 31, 33 and 35 of this Protocol, shall be approved by the Supreme Council.
3. The provisions of this Protocol shall apply to created, acquired, controlled juridical persons of the Member States, opened branches, representative offices, registered individual entrepreneurs still existing on the effective date of the Treaty, as well as to created, acquired, controlled juridical persons of the Member States, opened branches, representative offices, registered individual entrepreneurs after the effective date of the Treaty.
Notwithstanding the provisions of paragraphs 15-17, 21, 24, 27, 30 and 32 of this Protocol, the Member States shall reserve the right to adopt and enforce any measures with regard to new services, that is, those that did not exist on the effective date of the Treaty.
In the case of adoption or enforcement of a measure that affects a new service and is incompatible with the provisions of the above paragraphs, the respective Member State shall inform all other Member States and the Commission of such a measure no later than 1 month from the date of its adoption or enforcement, whichever comes first. Corresponding changes in the national list of that Member State shall be approved by decision of the Supreme Council.
4. As regards the cases of supply of services specified in the second and third indents of sub-paragraph 22 of paragraph 6 of this Protocol, the provisions of this Protocol shall not apply to the rights of air transportation and services directly related to the rights of transportation, except for the repairs and maintenance of aircraft, supply and marketing of air transportation services and services of computer booking systems.
5. The Member States shall not use mitigation of any requirements provided by their legislation for the protection of human life and health, the environment, and national security, as well as labour standards, as a mechanism to attract persons of other Member States and third states to incorporate on the territories of Member States.
II. Terms and Definitions
6. The terms used in this Protocol shall have the following meanings:
1) "recipient state" means a Member State on the territory of which the investments are made by investors from other Member States;
2) "activities" means business and other activities (including trade in services and manufacture of goods) conducted by juridical persons, branches, representative offices or individual entrepreneurs listed in indents two to six of sub-paragraph 24 of this paragraph;
3) "investment activities" means possession, use and/or disposal of investments;
4) "income" means funds generated as a result of investment, in particular, dividends, interest and royalties, fees and other remunerations;
5) "legislation of a Member State" means legislation and other regulatory legal acts of a Member State;
6) "applicant" means a person of a Member State having applied for a permit to the competent authority of that or another Member State;
7) "investments" means tangible and intangible assets invested by an investor of a Member State into subjects of entrepreneurial activity on the territory of another Member State in accordance with the legislation of the latter, including:
Funds (cash), securities and other property; rights to engage in entrepreneurial activities granted under the legislation of the Member States or under a contract, including, in particular, the right to exploration, development, production and exploitation of natural resources; property rights and other rights having monetary value;
8) "investor of a Member State" means any person of a Member State making investments on the territory of another Member State in accordance with the legislation of the latter;
9) "competent authority" means any authority or organisation exercising control, authorisation or other regulatory functions with respect to matters covered by this Protocol under the powers delegated by the Member State, in particular, administrative authorities, courts, professional and other associations;
10) "person of a Member State" means any natural person or juridical person of a Member State;
11) "measure of a Member State" means the legislation of a Member State, as well as any decision, action or omission of an authority or official of that Member State adopted or applied at any level of state or local authorities or organisations in the exercise of the powers delegated thereto by such authorities.
In the case of adoption (publication) by the authority of a Member State of an official non-binding document, this recommendation may be deemed a measure of the Member State applied for the purposes of this Protocol if it is proven that, in practice, the recommendation is observed by a predominant portion of its subjects (state, regional and/or municipal authorities, non-governmental authorities, as well as persons of the Member State, persons of other Member States, and persons of any third state);
12) "service recipient" means any person of a Member State a service is supplied to or intending to use a service;
13) "service supplier" means any person of a Member State supplying a service;
14) "representative office" means a separate division of a juridical person located outside of its location that represents and protects the interests of the juridical person;
15) "permit" means confirmation by a competent authority, as provided for by the legislation of a Member State and based on an applicant's request, of the rights of the applicant to engage in certain activities or perform certain actions, including by its introduction into the registry and issuance of an official document (license, approval, conclusion, diploma, certificate of attendance, certificates, etc.). A permit may be granted on the basis of competitive selection;
16) "authorisation procedures" means a set of procedures implemented by competent authorities in accordance with the legislation of a Member State relating to the issuance and re-issuance of permits and duplicates thereof, termination, suspension, resumption or extension and withdrawal (cancellation) of permits, refusal to grant permits, as well as review of all respective claims;
17) "authorisation requirements" means a set of standards and/or requirements (including licensing and qualification requirements) to the applicant, permit holder and/or a service supplied or activity undertaken under the relevant legislation of a Member State, aimed at ensuring the fulfilment of regulation objectives determined by the legislation of the Member State.
With regard to permits for activities, authorisation requirements may be aimed at, among other things, ensuring the competence and ability of the applicant to carry out trade in services and other activities in accordance with the legislation of the Member State;
18) "treatment" means a set of measures of the Member States;
19) "service sector":
For the purposes of Annex 2 to this Protocol and of the lists approved by the Supreme Council, one, several or all sub-sectors of a certain service;
In other cases - an entire service sector, including all sub-sectors;
20) "territory of a Member State" means the territory of a Member State, as well as its exclusive economic area and the continental shelf, in respect of which it exercises sovereign rights and jurisdiction in accordance with the international law and its legislation;
21) "economic feasibility test" means determining grounds for issuing permits based on the economic feasibility or market demand, assessment of the potential or existing business or economic impact of respective activities or assessment of compliance of the activities with economic planning objectives set by the competent authority. This term shall not include any conditions associated with non-economic planning and based on the grounds of public interest, such as social policy, implementation of socio-economic development programs approved by local authorities within their competence, or protection of the urban environment, including implementation of urban development plans;
22) "trade in services" means supply of services, including manufacture, distribution, marketing, sale and delivery of services, conducted in the following ways:
From the territory of one Member State to the territory of any other Member State;
On the territory of one Member State by a person of this Member State to a service recipient of another Member State;
By a service supplier of one Member State through its incorporation on the territory of another Member State;
By a service supplier of one Member State through the presence of natural persons of that Member State on the territory of another Member State;
23) "third state" means a state that is not a Member State;
24) "incorporation":
Creation and/or acquisition of a juridical person (participation in the capital of a created or incorporated juridical person) with any organisational legal form and form of ownership provided for by the legislation of the Member State on the territory of which such juridical person is created or incorporated;
Acquisition of control over a juridical person of a Member State through obtaining of an opportunity to, either directly or via third persons, determine decisions to be adopted by such juridical person, including through the management of votes granted by voting shares (stakes) and participation in the board of directors (supervisory board) and other management authorities of such juridical person;
Opening of a branch; opening of a representative office; registration as an individual entrepreneur.
Incorporation shall be carried out, among other things, for the purposes of trade in services and/or manufacture of goods;
25) "natural person of a Member State" means a national of a Member State in accordance with the legislation of the Member State;
26) "branch" means a separate division of a juridical person incorporated outside of its location and performing all of its functions, or part thereof, including the function of a representation;
27) "juridical person of a Member State" means an organisation with any organisational legal form, created or incorporated on the territory of a Member State in accordance with the legislation of that Member State.
7. For the purposes of this Protocol, the service sectors shall be identified and classified based on the Central Products Classification approved by the United Nations Statistical Commission.
III. Payments and Transfers
8. Except for the cases provided for in paragraphs 11-14 of this Protocol, each Member State shall cancel all effective and shall not introduce new restrictions on transfers and payments in connection with trade in services, incorporation, activities and investments, in particular with regard to:
1) Income;
2) Funds transferred in repayment of loans and credits recognised by the Member States as investments;
3) Funds received by an investor in connection with a partial or complete liquidation of a profit organisation or sale of investments;
4) Funds received by an investor in recovery of damages in accordance with paragraph 77 of this Protocol and compensations referred to in paragraphs 79-81 of this Protocol;
5) Salaries and other remuneration received by investors and nationals of other Member States allowed to perform investment-related activities on the territory of the recipient state.
9. Nothing in this section shall affect the rights and obligations of any Member State arising out of its membership in the International Monetary Fund, including the rights and obligations regarding any currency transactions control measures, provided that such measures of the Member States comply with the Articles of Agreement of the International Monetary Fund of July 22, 1944, and/or provided that the Member State does not impose restrictions on transfers and payments that are incompatible with its obligations under this Protocol regarding such transactions, except as specified in paragraphs 11-14 of this Protocol or in case of restrictions imposed on request from the International Monetary Fund.
10. Transfers under paragraph 8 of this Protocol may be made in any freely convertible currency. Funds shall be converted without undue delay, at the exchange rate applicable on the territory of the Member State on the date of the transfer of funds and payments.
IV. Restrictions on Payments and Transfers
11. In the case of deterioration of the balance of payments, a significant reduction in foreign exchange reserves, sharp fluctuations of the national currency exchange rate or a threat thereof, a Member State may impose restrictions on transfers and payments provided for in paragraph 8 of this Protocol.
12. The restrictions referred to in paragraph 11 of this Protocol:
1) Shall not create discrimination between the Member States;
2) Shall comply with the Articles of Agreement of the International Monetary Fund of July 22, 1944;
3) Shall not cause excessive damage to the commercial, economic and financial interests of any other Member State;
4) Shall not be more burdensome than required to overcome the circumstances referred to in paragraph 11 of this Protocol;
5) Shall be temporary and be phased out with the disappearance of the circumstances referred to in paragraph 11 of this Protocol.
13. When determining the sphere of the restrictions specified in paragraph 11 of this Protocol, the Member States may give priority to the supply of those goods or services that are more critical to their economic or development programs. However, such restrictions shall not be imposed or maintained for the protection of a certain economic sector.
14. Any restrictions imposed or maintained by the Member States in accordance with paragraph 11 of this Protocol or any changes thereto shall be immediately communicated to all other Member States.
V. State Participation
15. The treatment accorded by each Member State to persons of another Member State on its territory with regard to participation in privatisation shall be no less favourable than that accorded to persons of its Member State, subject to the restrictions, exceptions and additional requirements and conditions specified in the national lists or Annex 2 to this Protocol.
16. If any juridical persons operating on the territory of a Member State have participation of that Member State in their capital or are controlled by the Member State, the Member State shall ensure that these persons:
1) Operate for commercial considerations and participate in relations governed by this Protocol:
On the basis of the principle of equality with the other participants of these relations;
On the basis of the principle of non-discrimination of other participants of these relations according to their nationality, place of registration (incorporation), organisational legal form or form of ownership;
2) Are not granted any rights, privileges or obligations solely because of the participation of the Member State in their capital or control of that Member State over these persons.
These requirements shall not apply when the activities of such juridical persons are aimed at solving problems of the social policy of the Member State, as well as to all restrictions and conditions specified in the national lists or Annex 2 to this Protocol.
17. The provisions of paragraph 16 of this Protocol shall also apply to juridical persons having formal or de facto exclusive rights or special privileges, except for juridical persons with rights and/or privileges included, pursuant to sub-paragraphs 2 and 6 of paragraph 30 of this Protocol, in the national lists or Annex 2 to this Protocol, and juridical persons the activities of which are governed by Section XIX of the Treaty.
18. Each Member State shall ensure that all state or local authorities of that Member State at any level are independent of and unaccountable to any person engaged in business activities in the economic sector regulated within the competence of the respective authority, without prejudice to the provisions of Article 69 of the Treaty.
Measures of that Member State, including decisions of the above authority and rules and procedures determined and applied thereby, shall be unbiased and objective in relation to all persons engaged in economic activities.
19. In accordance with the obligations arising from Section XIX of the Treaty and notwithstanding the provisions of paragraph 30 of this Protocol, each Member State may retain in its territory any juridical persons that are the subjects of natural monopolies. A Member State retaining such juridical persons on its territory shall ensure that these juridical persons act in a manner consistent with the obligations of the Member State arising from Section XIX of the Treaty.
20. Should the juridical persons of a Member State referred to in paragraph 19 of this Protocol compete directly or via controlled juridical persons outside the sphere of their monopoly rights with juridical persons of other Member States, the first Member State shall ensure that such juridical persons do not abuse their monopoly position acting on the territory of the first Member State in a manner inconsistent with the obligations of the first Member State arising out of this Protocol.
VI. Trade In Services, Incorporation and Activities
1) National Treatment for Trade in Services, Incorporation and Activities 21. The treatment accorded by each Member State in respect of services, service suppliers and service recipients of another Member State regarding all measures affecting trade in services shall be no less favourable than that accorded under the same (similar) circumstances to its own same (similar) services, service suppliers and service recipients.
22. Each Member State may perform the obligations referred to in paragraph 21 of this Protocol through the provision of formally similar or formally different treatment to services, suppliers and recipients of services of any other Member State as compared to the treatment accorded by that Member State to its own same (similar) services, or suppliers or recipients of services.
Formally similar or formally different treatment shall be considered less favourable if it modifies the terms of competition in favour of services, service suppliers and/or service recipients of that Member State as compared to the same (similar) services, service suppliers and/or recipients of any other Member State.
23. Notwithstanding the provisions of paragraph 21 of this Protocol, each Member State may impose certain restrictions and conditions specified in the national lists or Annex 2 to this Protocol in respect of services, service suppliers and service recipients of another Member State.
24. The treatment accorded by each Member State to persons of any other Member State in respect of incorporation and activities shall be no less favourable than that accorded under the same (similar) circumstances to its own persons on its territory.
25. Each Member State may perform the obligations referred to in paragraph 24 of this Protocol through the provision of formally similar or formally different treatment to persons of any other Member State as compared to the treatment accorded by that Member State to its own persons. The treatment shall be deemed less favourable if it modifies the terms of competition in favour of persons of that Member State as compared to persons of any other Member State.
26. Notwithstanding the provisions of paragraph 24 of this Protocol, each Member State may impose certain restrictions and conditions specified in the national lists or Annex 2 to this Protocol in respect of incorporation or activities of persons of another Member State.
2) Most Favoured Nation Treatment for Trade in Services, Incorporation and Activities 27. The treatment accorded by each Member State, under the same (similar) circumstances, with regard to services, service suppliers and recipients of any other Member State, shall be no less favourable than that accorded to the same (similar) services, service suppliers and recipients of third states.
28. Notwithstanding the provisions of paragraph 27 of this Protocol, each Member State may impose certain exceptions specified in the national list or Annex 2 to this Protocol in respect of services, service suppliers and service recipients of any other Member State.
29. The treatment accorded by each Member State, under the same (similar) circumstances, to persons of any other Member State and persons incorporated thereby in respect of their incorporation and activities in its territory shall be no less favourable than that accorded to persons of third states and persons incorporated thereby.
3) Quantitative and Investment Measures 30. The Member States shall not introduce or apply to persons of any Member State any restrictions with respect to trade in services, incorporation and activities regarding:
1) The number of service suppliers in the form of quota, economic feasibility tests or any other quantitative form;
2) The number of juridical persons, branches or representative offices created, acquired and/or controlled and individual entrepreneurs registered;
3) Transactions of any service supplier in the form of quota, economic feasibility tests or any other quantitative form;
4) Transactions of juridical persons, branches or representative offices created, acquired and/or controlled and individual entrepreneurs registered, conducted in the course of their activities in the form of quotas, economic feasibility tests or any other quantitative form;
5) Forms of incorporation, including the organisational legal form of a juridical person;
6) Acquired shares in the authorised capital of a juridical person or the degree of control over a juridical person;
7) Limitations of the total number of natural persons that may be employed in a particular service sector or the number of natural persons that may be employed by a service supplier and are required and directly relevant to the supply of certain services in the form of numerical quotas or economic feasibility tests.
31. In respect of service suppliers and recipients of any Member State, each Member State may impose and apply the restrictions specified in paragraph 30 of this Protocol, if such restrictions are specified in the national list or Annex 2 to this Protocol.
32. No Member State shall be entitled to introduce or apply the following additional requirements to persons of the Member States and persons incorporated thereby as conditions for their incorporation and/or activities:
1) On exportation of all manufactured goods or services or any part thereof;
2) On importation of goods or services;
3) On the purchase or use of goods or services originating from a Member State;
4) Any requirements restricting the sale of goods or supply of services on the territory of that Member State, the import of goods into the territory of that Member State or export of goods from its territory that are based on the volume of goods manufactured (service supplied) or on the use of local goods or services or restrict access to foreign exchange payable in connection with transactions referred to in this sub-paragraph;
5) On the transfer of technology, know-how and other information of commercial value, except in the case of their transfer pursuant to a court order or an order issued by a authority in the field of protection of competition, subject to the rules of the competition policy determined by other international treaties of the Member States.
33. Each Member State may introduce and apply to persons of other Member States any additional requirements referred to in paragraph 32 of this Protocol, if such restrictions are provided for by the national list or Annex 2 to this Protocol.
34. The requirements specified in paragraph 32 of this Protocol shall not be grounds for obtaining any preferences by persons of any Member State in connection with their incorporation or activities.
4) Migration of Natural Persons
35. Except for the restrictions and requirements specified in the national list or Annex 2 to this Protocol, subject to the provisions in Section XXVI of the Treaty, no Member State shall apply or impose in its territory any restrictions on employment of workers for activities of juridical persons, branches or representative offices created, acquired and/or controlled and individual entrepreneurs registered.
36. The provisions of paragraph 35 of this Protocol shall not apply with respect to the requirements for education, experience, qualifications, and professional qualities, if their application does entail actual discrimination against workers on the ground of their national origin.
37. Subject to the provisions of Section XXVI of the Treaty, no Member State shall apply or impose restrictions on natural persons involved in trade in services in the procedure specified in the fifth indent of sub-paragraph 22 of paragraph 6 of this Protocol and present on the territory of that Member State.
5) Establishment of a Common Market of Services 38. For the purposes of this section, the common market of services shall refer to such a state of the market of services of a particular sector when each Member State grants to persons of any other Member State the right to:
1) supply and receive services under the conditions specified in paragraphs 21, 24, 27, 29, 30 and 32 of this Protocol, without any restrictions, exceptions and additional requirements, except for the conditions and restrictions provided for in Annex 2 to this Protocol;
2) supply services without additional incorporation of a juridical person;
3) supply services on the basis of permit for the supply of services obtained by the service supplier on the territory of its Member State;
4) recognize professional qualifications of the staff of the service supplier.
39. The rules of the common market of services shall apply to the Member States on a reciprocal basis.
40. The common market of services within the Union shall operate in the service sectors approved by the Supreme Council on the basis of proposals agreed by the Member States and the Commission.
41. The Member States shall seek to spread, on a reciprocal basis, the rules of the common market of services onto the maximum number of service sectors, including through gradual elimination of exceptions and restrictions provided for by national lists.
42. The procedure and the stages of establishment of the common market of services shall be determined for individual sectors in liberalisation plans developed on the basis of proposals agreed by the Member States and the Commission to be approved by the Supreme Council (hereinafter "the liberalisation plans").
43. Liberalisation plans may provide for certain Member States extended deadlines for the liberalisation of individual service sectors, which shall not prevent other Member States from establishment of the common market in these sectors on the basis of reciprocity.
44. The provisions of subsections 1-4 of this section shall apply to sectors not regulated by the rules of the common market of services.
6) Relations with Third States on Trade in Services, Incorporation, Activities and Investments
45. Nothing in this Protocol shall preclude the Member States from concluding with third states international treaties on economic integration in compliance with the requirements of paragraph 46 of this Protocol. Each Member State having concluded such a treaty on economic integration shall make concessions in respect of the Member States under the same (similar) conditions as granted under the international treaty. Concessions in this paragraph refer to cancellation by the Member State of one or more restrictions provided for by its national list.
46. For the purposes of this Protocol, international treaties on economic integration between a Member State and a third state shall refer to all international treaties meeting the following criteria:
1) covering a significant number of service sectors and under no circumstances knowingly a priori preclude any mode of supply of services or aspects of incorporation and activities;
2) focusing on the elimination of existing and prohibition of new discriminatory measures;
3) aimed at liberalising the trade in services, incorporation and activities. These international treaties shall be intended to facilitate trade in services and the conditions of incorporation and activities applied between parties thereto. Such treaty shall not create for any third state an increase in the overall number of barriers to trade in services in certain sectors or sub-sectors as compared to the situation existing prior to the conclusion of such treaty.
47. A Member State having concluded with a third state an international treaty on economic integration shall be obliged to inform other Member States thereof within 1 month from its signing date.
48. The Member States shall be free to determine their foreign trade policy in relation to trade in services, incorporation, activities and investments with third states.
7) Additional Rights of Service Recipients
49. Subject to the provisions of Section XV of the Treaty, each Member State shall not impose any requirements or special conditions for a service recipient restricting its rights to obtain, use or pay for the services rendered (provided) by a service supplier of another Member State, including with regard to the selection of a service supplier or mandatory permits to be obtained from competent authorities.
50. Subject to the provisions of Section XV of the Treaty, each Member State shall ensure non-application with respect to service recipients of any discriminatory requirements or special conditions on the grounds of their nationality, place of residence or place of incorporation or activities.
51. Each Member State shall oblige:
1) service suppliers to provide the necessary information to service recipients in accordance with the Treaty and the legislation of the Member State;
2) competent authorities to take measures to protect the rights and legitimate interests of service recipients. 52. Nothing in this Protocol shall affect the right of a Member State to take any measures required for the implementation of its social policies, including for ensuring pension and social support of its population. All issues regarding consumer access to services covered by Sections XIX, XX and XXI of the Treaty and the treatment accorded to consumers of such services shall be governed by the provisions of these Sections, respectively.
8) Mutual Recognition of Permits and Professional Qualifications
53. Recognition of permits for the supply of services in sectors for which the liberalisation plans are implemented shall be recognised after the taking measures referred to in paragraphs 54 and/or 55 of this Protocol.
54. On the basis of mutual consultations (including on the interdepartmental level), the Member States may decide on the mutual recognition of permits for the supply of services in specific sectors upon achievement of substantial equivalence of regulation in these sectors.
55. Liberalisation plans shall ensure:
1) gradual convergence of mechanisms ensuring admission to activities (including authorisation requirements and procedures) through the harmonisation of legislation of the Member States, setting sector-specific completion dates of such harmonisation;
2) the establishment of administrative cooperation mechanisms in accordance with Article 68 of the Treaty; 3) recognition of professional qualifications of employees of service suppliers.
56. When professional examinations are required prior to admission to the implementation of professional services, each Member State shall ensure a non-discriminatory procedure for passing such professional examinations.
9) Internal Regulation in Trade in Services, Incorporation and/or Activities
57. Each Member State shall ensure that all measures of that Member State affecting trade in services, incorporation and activities are applied in a reasonable, objective and impartial manner.
58. Each Member State shall maintain and create as soon as practicable all judicial, arbitration or administrative authorities or procedures that shall, on request of persons of other Member States the interests of which have been affected, promptly review respective issues and adopt reasonable measures to alter administrative decisions affecting trade in services, incorporation and activities. In cases where such procedures are not independent of the authority entrusted with the respective administrative decision, the Member State shall ensure that the procedures guarantee an objective and impartial review.
59. The provisions of paragraph 58 of this Protocol shall not require a Member State to establish authorities or procedures referred to in paragraph 58 of this Protocol when it is inconsistent with its constitutional procedure or the nature of its judicial system.
60. Should it be required to obtain a permit for trade in services, incorporation and/or activities, the competent authorities of the Member State shall, within a reasonable period of time after the submission of the respective application deemed executed in accordance with the legislation of the Member State and applicable regulation provisions, inform the applicant of the review of the application and the results obtained thereupon. The above application shall not be deemed duly arranged until all documents and/or information have been received as specified in the legislation of the Member State. In any case, the applicant shall be given the opportunity to make technical corrections in the application. At the request of the applicant, competent authorities of the Member State shall provide information about the progress of application processing without undue delay.
61. In order to ensure that authorisation requirements and procedures do not constitute unnecessary barriers to trade in services, incorporation and activities, the Commission shall, in agreement with the Member States, develop respective rules to be approved by the Supreme Council. These rules shall be intended to ensure that such authorisation requirements and procedures, among other things:
1) are based on objective and overt criteria such as competence and the ability to conduct trade in services and activities; 2) are not more burdensome than required to ensure the security of ongoing activities, as well as the safety and quality of services supplied;
3) do not restrict trade in services, incorporation and/or activities.
62. The Member States shall not apply any authorisation requirements and procedures that invalidate or reduce benefits and: 1) do not meet the criteria specified in paragraph 61 of this Protocol; 2) have not been determined by the legislation of the Member State and applied by the Member State as on the signing date of the Treaty.
63. When confirming fulfilment by a Member State of the obligations referred to in paragraph 62 of this Protocol, international standards of international organisations open for membership to all the Member States shall be taken into account.
64. If a Member State applies authorisation requirements and procedures in relation to trade in services, incorporation and/or activities, it shall ensure that:
1) the names of competent authorities issuing authorisations have been published or otherwise communicated to the general public;
2) all authorisation requirements and procedures have been determined in the legislation of the Member State and any act determining or applying any authorisation procedures and requirements has been published prior to its effective date (entry into force);
3) competent authorities have decided to issue or refuse to issue a permit within a reasonable period of time specified in the legislation of the Member State and generally equal to up to 30 working days from the date of receipt (arrival) of the application deemed arranged in accordance with the legislation of the Member State. This period shall be determined based on the minimum time required to obtain and process all documents and/or information necessary for the implementation of the authorisation procedure;
4) any fees charged in connection with the submission and consideration of the application, except for the fees charged for the right to engage in activities, did not constitute a restriction on trade in services, incorporation or activities and were based on the expenses of the competent authority incurred with regard to the consideration of the application and issuance of the permit;
5) upon expiration of the period referred to in sub-paragraph 3 of this paragraph and at the request of the applicant, the competent authority of the Member State informed the applicant in accordance with paragraph 60 of this Protocol of the status of its application, indicating whether the application was deemed duly executed. In any case, the applicant shall be granted the rights provided for in paragraphs 57, 58, 60, 62 and 64 of this Protocol;
6) upon written request of an applicant whose application was rejected, the competent authority that rejected the application informed the applicant in writing of the reasons for this rejection. This provision shall not be construed to require the competent authority to disclose information if it prevents due enforcement of the law or is otherwise contrary to the public interest or critical security interests of the Member State;
7) in case of rejection of an application by the competent authority due to its improper execution, the applicant was able to reapply;
8) permits issued for the supply of services were effective on the entire territory of the Member State specified in such permits.
VII. Investments
1) General Provisions 65. The provisions of this section shall apply to all investments made by investors of the Member States on the territory of another Member State starting from December 16, 1991.
66. Incorporation within the meaning of sub-paragraph 24 of paragraph 2 of this Protocol shall constitute a form of investment. All provisions of this Protocol, except for the provisions of paragraphs 69-74 of this Protocol, shall apply to such investments.
67. Changes in investment methods, as well as in forms of investment or reinvestment, shall not affect their qualification as investments provided that such changes do not contradict the legislation of the recipient state.
2) Legal Treatment and Protection of Investments 68. Each Member State shall ensure on its territory fair and equitable treatment to investments and investment-related activities conducted by investors of other Member States.
69. The treatment specified in paragraph 68 of this Protocol shall not be less favourable than the treatment accorded by the Member State in respect of investments and investment-related activities conducted by its domestic (national) investors.
70. The treatment accorded by each Member State, under the same (similar) circumstances, to investors of any other Member State, their investments and investment-related activities shall be no less favourable than the treatment accorded to investors of any third state, their investments and activities related to such investments.
71. The treatments provided for in paragraphs 69 and 70 of this Protocol shall be accorded by the Member States as selected by the investor, depending on the most favourable treatment.
72. Each Member State shall create favourable conditions for investment in its territory to investors of other Member States and shall enable such investments in accordance with its legislation.
73. Each Member State shall, in accordance with its legislation, reserve the right to restrict the activities of investors of other Member States, as well as to apply and introduce other exceptions to the national treatment referred to in paragraph 69 of this Protocol.
74. The provisions of paragraph 70 of this Protocol shall not be construed as obliging a Member State to extend to investments and related activities of investors of other Member States the benefits of any treatment, preferences or privileges that are available or may be made available in the future to that Member State under international treaties on the avoidance of double taxation or other agreements on taxation, as well as the treaties referred to in paragraph 46 of this Protocol.
75. Each recipient state shall guarantee the following to investors of other Member States, upon completion by the latter of their obligations under all tax-related and other legislation of the recipient state:
1) The right to use and dispose of the income generated as a result of investments for any purpose not prohibited by the legislation of the recipient state;
2) The right to use and dispose of the income generated as a result of investments for any purpose not prohibited by the legislation of the recipient state;