EU - Kazakhstan EPCA (2015)
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(i) has been concluded directly between the juridical person of the European Union and the final consumer, which is a juridical person of the Republic of Kazakhstan;

(ii) requires the temporary presence on the territory of the Republic of Kazakhstan of employees of that juridical person in order to provide the service; and

(iii) complies with the laws, regulations and requirements of the Republic of Kazakhstan;

(b) the contract to provide services is concluded in one of the following sectors of activity which are included and defined in the Republic of Kazakhstan's GATS schedule of commitments:

(i) legal services

(ii) accounting and bookkeeping services

(iii) taxation services

(iv) architectural services

(v) engineering services

(vi) integrated engineering services

(vii) urban planning and landscape architecture services

(viii) computer and related services

(ix) advertising services

(x) market research services

(xi) management consulting services

(xii) services related to management consulting (xiii) technical testing and analysis services

(xiv) advisory and consulting services incidental to mining

(xv) related scientific and technical consulting services

(xvi) translation and interpretation services

(xvii) maintenance and repair of equipment, including transportation equipment, in the context of an after-sales services contract

(xviii) environmental services.

(c) Access accorded under this paragraph relates only to the service activity which is the subject of the contract; it does not confer entitlement to exercise the professional title in the territory of the Republic of Kazakhstan.

3. The European Union reaffirms its respective obligations arising from the commitments under the GATS as regards the entry and temporary stay of contractual service suppliers. The reservations listed therein apply (1).

(1) For greater clarity, reservations include also the reservations in the definitions of the categories.

Article 50. Most-favoured-nation Treatment

1. Treatment accorded by the European Union to contractual service suppliers of the Republic of Kazakhstan shall be no less favourable than that accorded to contractual service suppliers of any third country.

2. Treatment granted under other agreements concluded by the European Union with a third country which have been notified under Article V of the GATS or which benefit from the coverage of the European Union GATS list of most-favoured-nation exemptions, shall be excluded from the scope of paragraph 1. Treatment deriving from the harmonisation of regulations based on agreements concluded by the European Union providing for mutual recognition in accordance with Article VII of the GATS shall also be excluded from the scope of paragraph 1.

3. If the Republic of Kazakhstan grants more favorable treatment than that provided for in this Agreement to contractual service suppliers of any other WTO member, except to countries of the Commonwealth of Independent States (CIS) and countries which are parties to economic integration agreements with the Republic of Kazakhstan, that treatment shall be applied to contractual service suppliers of the European Union. Treatment deriving from the harmonisation of regulations based on agreements concluded by the Republic of Kazakhstan providing for mutual recognition in accordance with Article VII of the GATS shall also be excluded from this provision.

Article 51. Progressive Improvement of Conditions for Temporary Presence of Natural Persons for Business Purposes

The Cooperation Committee meeting in trade configuration shall make recommendations to the Parties for the further liberalisation of the temporary presence of natural persons for business purposes.

Section 4. Domestic Regulation

Article 52. Scope and Coverage

1. The disciplines set out in Article 53 shall apply to measures by the Parties relating to licensing and qualification procedures that affect:

(a) cross-border supply of services;

(b) establishment;

(c) the supply of a service through the presence of a natural person in the territory of the other Party in accordance with Section 3 of this Chapter.

2. The disciplines set out in Article 53 shall apply to all economic activities falling under the scope of this Chapter. For services, they shall apply to the extent of the relevant Party's specific commitments under the GATS (1). The disciplines do not apply to measures to the extent that they constitute limitations subject to scheduling under Article XVI or XVII of the GATS.

(1) For the Republic of Kazakhstan the reference includes the Section on Services of the Protocol on the Accession of the Republic of Kazakhstan to the WTO.

Article 53. Licensing and Qualification

1. Each Party shall ensure that licensing and qualification procedures for the purpose of obtaining an authorisation to supply a service or to establish are reasonable, clear and relevant to the underlying policy objectives, taking into account the nature of the requirements to be met and the criteria to be assessed, and do not in themselves constitute a restriction on the supply of services or the establishment.

2. Where specific time periods for applications exist, an applicant shall be allowed a reasonable period for the submission of an application. The competent authority shall initiate the processing of an application without undue delay. Where possible, applications should be accepted in electronic format under the same conditions of authenticity as applications submitted in paper format.

3. Authenticated copies should be accepted, where possible, in place of original documents.

4. Each Party shall ensure that the processing of an application, including reaching a final decision, is completed within a reasonable period specified in its legislation or, in any event, without undue delay. Each Party shall endeavour to establish the normal timeframe for the processing of an application. Each Party shall ensure that a licence or an authorisation, once granted, enters into effect without undue delay in accordance with the terms and conditions specified therein.

5. Each Party shall ensure that licensing fees (1) are reasonable in terms of the costs incurred by the competent authority, and do not in themselves restrict the supply of the service or the establishment.

6. Where the competent authority considers that an application is incomplete or determines that it needs additional information, it shall, within a reasonable period of time:

(a) inform the applicant;

(b) to the extent practicable, identify the information required; and

(c) to the extent practicable, provide the opportunity to correct deficiencies.

7. If the competent authority rejects an application, it shall inform the applicant without undue delay and, to the extent practicable, in writing. The competent authority should inform the applicant, upon request, of the reasons for rejection of the application and, where possible, of any deficiencies that have been identified. It should inform the applicant of the procedures for appeal against the decision in accordance with the relevant legislation. The competent authority should permit an applicant to submit a new application in accordance with the relevant authority's established procedures, except where the relevant authority limits the number of licences or qualification determinations.

8. Each Party shall ensure that the procedures used by, and the decisions of, the competent authority in the licensing or authorisation procedure are impartial with respect to all applicants. The competent authority should reach its decision in an independent manner and not be accountable to any services supplier or investor for which the licence or authorisation is required.

(1) Licensing fees do not include fees for the use of natural resources, payments for auction, tendering or other non-discriminatory means of awarding concessions, or mandated contributions to universal service provision.

Section 5. Sector Specific Provisions

Article 54. International Maritime Transport

1. This Article sets out the principles for the liberalisation of international maritime transport services. This Article is without prejudice to the rights and obligations deriving from each Party's GATS commitments.

2. For the purposes of this Article, ‘international maritime transport' includes door to door and multi-modal transport operations, which is the carriage of goods using more than one mode of transport, involving a sea leg, under a single transport document and, to this effect, including the right of international maritime transport suppliers to directly contract with providers of other modes of transport.

3. With respect to activities referred to in paragraph 4, undertaken by shipping agencies for the provision of services with regards to international maritime transport, each Party shall permit juridical persons of the other Party to establish subsidiaries or branches in its territory, under conditions of establishment and operation no less favourable than those accorded to its own subsidiaries or branches or to subsidiaries or branches of any third country, whichever are the better.

This paragraph does not apply to the establishment for the purpose of operating a fleet under the national flag of a Member State of the European Union or of the Republic of Kazakhstan.

4. Such activities include, but are not limited to:

(a) marketing and sales of maritime transport and related services through direct contact with customers, from quotation to invoicing, whether these services are operated or offered by the service supplier itself or by service suppliers with which the service seller has established standing business agreements;

(b) purchase and use, on their own account or on behalf of their customers (and resale to their customers) of any transport and related services, including transport services by any inland mode, necessary for the supply of an intermodal service;

(c) preparation of documentation concerning transport documents, customs documents, or other documents related to the origin and character of the goods transported;

(d) provision of business information by any means, including computerised information systems and electronic data interchange (subject to any non-discriminatory restrictions concerning telecommunications);

(e) setting up of any business arrangement with other shipping agencies, including participation of the company's stock and the appointment of personnel recruited locally (or, in the case of foreign personnel, subject to the relevant provisions of this Agreement), with any locally established shipping agency;

(f) acting on behalf of the juridical persons, inter alia, in organising the call of the vessel or taking over cargoes when required.

5. In view of the existing level of liberalisation concerning the cross-border supply of services between the Parties in international maritime transport:

(a) the Parties shall apply effectively the principle of unrestricted access to the international markets and trades on a commercial and non-discriminatory basis;

(b) each Party shall grant to ships operated by service suppliers of the other Party treatment no less favourable than that accorded to its own ships or those of any third country, whichever are the better with regard to, inter alia, access to ports, the use of infrastructure and services of the ports, and the use of maritime auxiliary services, as well as related fees and charges, customs facilities and the assignment of berths and facilities for loading and unloading.

6. In applying the principles set out in paragraph 5, the Parties shall:

(a) not apply, as from the entry into force of this Agreement, any cargo-sharing provisions of bilateral agreements between any Member State of the European Union and the Republic of Kazakhstan;

(b) not introduce cargo-sharing clauses into future bilateral agreements with third countries, other than in those exceptional circumstances where liner shipping companies from one or other Party to this Agreement would not otherwise have an effective opportunity to ply for trade to and from the third country concerned;

(c) prohibit cargo-sharing arrangements in future bilateral agreements concerning dry and liquid bulk trade;

(d) upon the entry into force of this Agreement, abolish and abstain from introducing any unilateral measures and administrative, technical and other obstacles which could constitute a disguised restriction or have discriminatory effects on the free supply of services in international maritime transport. 

7. Natural and juridical persons of the European Union providing international maritime transport services shall be free to provide international sea-river services in the inland waterways of the Republic of Kazakhstan and vice versa.

8. The Parties shall make available to international maritime transport suppliers of the other Party on reasonable and non-discriminatory terms and conditions the following services at port: pilotage, towing and tug assistance, provisioning, fuelling and watering, garbage collecting and ballast water disposal, port captain's services, navigation aids, shore-based operational services essential to ship operations, including communications, water and electricity supplies, emergency repair facilities, anchorage, berth and berthing services.

9. If the Republic of Kazakhstan grants more favourable treatment for maritime transport to any other WTO member, except for coastal states of the Caspian Sea and for CIS countries, those terms shall be applied to the natural and juridical persons of the European Union.

Article 54bis. Road, Rail, Inland Waterways and Air Transport

With a view to ensuring coordinated development of transport between the Parties adapted to their reciprocal commercial needs, the conditions of mutual market access in road, rail and inland waterways and, if applicable, in air transport may be dealt with by potential specific agreements negotiated between the Parties after the entry into force of this Agreement.

Section 6. Exceptions

Article 55. General Exceptions

1. Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on establishment, including operations, or the cross-border supply of services, nothing in this Chapter shall be construed as preventing the adoption or enforcement by any Party of measures:

(a) necessary to protect public security or public morals or to maintain public order (1);

(1) The public order exception may be invoked only where a genuine and sufficiently serious threat is posed to one of the fundamental interests of society.

(b) necessary to protect human, animal or plant life or health;

(c) relating to the conservation of exhaustible natural resources if such measures are applied in conjunction with restrictions on domestic investors or on the domestic supply or consumption of services;

(d) necessary for the protection of national treasures of artistic, historic or archaeological value;

(e) necessary to secure compliance with laws or regulations which are not inconsistent with this Title, including those relating to:

(i) the prevention of deceptive and fraudulent practices, or those necessary to deal with the effects of a default on contracts;

(ii) the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts;

(iii) safety;

(f) inconsistent with Article 46, provided that the difference in treatment is aimed at ensuring the effective or equitable imposition or collection of direct taxes in respect of economic activities, investors or services suppliers of the other Party (1).

2. This Chapter shall not apply to the Parties' respective social security systems or to activities in the territory of each Party, which are connected, even occasionally, with the exercise of governmental authority.

(1) Measures aimed at ensuring the effective or equitable imposition or collection of direct taxes include measures taken by a Party under its taxation system which:
(i) apply to non-resident investors and services suppliers in recognition of the fact that the tax obligation of non-residents is determined with respect to taxable items sourced or located in the Party's territory;
(ii) apply to non-residents in order to ensure the imposition or collection of taxes in the Party's territory;
(iii) apply to non-residents or residents in order to prevent the avoidance or evasion of taxes, including compliance measures;
(iv) apply to consumers of services supplied in or from the territory of another Party in order to ensure the imposition or collection of taxes on such consumers derived from sources in the Party's territory;
(v) distinguish investors and service suppliers subject to tax on worldwide taxable items from other investors and service suppliers, in recognition of the difference in the nature of the tax base between them; or (vi) determine, allocate or apportion income, profit, gain, loss, deduction or credit of resident persons or branches, or between related persons or branches of the same person, in order to safeguard the Party's tax base. Tax terms or concepts in point (f) and in this footnote are determined according to tax definitions and concepts, or equivalent or similar definitions and concepts, under the domestic law of the Party taking the measure.

Section 7. Investment

Article 56. Review and Consultations

In order to identify any barriers to investment, the Parties shall jointly review the investment legal framework no later than three years after the date on which this Title starts to apply. On the basis of this review, they shall consider the opportunity to start negotiations to address such barriers, with a view to supplementing this Agreement, including with respect to general principles of investment protection.

Chapter 6. Capital Movements and Payments

Article 57. Current Account

Each Party shall authorise, in a freely convertible currency and in accordance with the Articles of Agreement of the International Monetary Fund (IMF), as applicable, all payments and transfers on the current account of the balance-of-payments between the Parties.

Article 58. Movement of Capital

1. With regard to transactions on the capital and financial account of balance-of-payments and without prejudice to other provisions of this Agreement, the Parties undertake not to impose restrictions on the free movement of capital relating to direct investments made in accordance with the laws of the host country, to economic activities covered by Chapter 5 (Trade in Services and Establishment) of this Title and to the liquidation and repatriation of such invested capital and of any profit generated therefrom.

2. With regard to transactions on the capital and financial account of balance-of-payments not covered by paragraph 1, and without prejudice to other provisions of this Agreement, each Party shall ensure, in accordance with its laws, the free movement of capital relating to, inter alia:

(a) credits relating to commercial transactions, including the provision of services, in which a resident of a Party is participating;

(b) financial loans and credits; or

(c) capital participation in a juridical person with no intention of establishing or maintaining lasting economic links.

3. Without prejudice to other provisions of this Agreement, the Parties shall not introduce any new restrictions on the movement of capital between residents of the Parties and shall not make the existing arrangements more restrictive.

4. The Parties may hold consultations with a view to further facilitating the movement of capital between them.

Article 59. Exceptions

Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on capital movements, nothing in this Chapter shall be construed as preventing the adoption or enforcement by either Party of measures:

(a) necessary to protect public security and public morals or to maintain public order; or

(b) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Title, including those relating to:

(i) the prevention of criminal or penal offences, deceptive and fraudulent practices, or those necessary to deal with the effects of a default on contracts (bankruptcy, insolvency and protection of the right of creditors);

(ii) measures adopted or maintained to ensure the integrity and stability of a Party's financial system;

(iii) issuing, trading or dealing in securities, options, futures or other derivatives;

(iv) financial reporting or record keeping of transfers when necessary to assist law enforcement or financial regulatory authorities; or

(v) ensuring compliance with orders or judgements in juridical or administrative proceedings.

Article 60. Temporary Safeguard Measures with Regard to Capital Movements, Payments or Transfers

In exceptional circumstances of serious difficulties for the operation of monetary and exchange rate policy, in the case of the Republic of Kazakhstan, or for the operation of the economic and monetary union, in the case of the European Union, or threat thereof, safeguard measures that are strictly necessary may be taken by the concerned Party with regard to capital movements, payments or transfers for a period not exceeding one year. The Party which maintains or adopts such measures shall inform the other Party forthwith and present, as soon as possible, a time schedule for their removal.

Chapter 7. Intellectual Property

Article 61. Objectives

The objectives of this Chapter are to:

(a) facilitate the production and commercialisation of innovative and creative products between the Parties; and

(b) achieve an adequate and effective level of protection and enforcement of intellectual property rights.

Section 1. Principles

Article 62. Nature and Scope of Obligations

1. The Parties recall their obligation to ensure the adequate and effective implementation of the international agreements dealing with intellectual property to which they are parties, including the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (‘the TRIPS Agreement'). The provisions of this Chapter shall complement and further specify the rights and obligations between the Parties under the TRIPS Agreement and other international agreements in the field of intellectual property.

2. For the purposes of this Agreement, the term ‘intellectual property' refers, inter alia, to all categories of intellectual property referred to in Articles 65 to 96.

3. Protection of intellectual property includes protection against unfair competition as referred to in Article 10bis of the Paris Convention for the Protection of Industrial Property of 1883, as revised and amended (‘the Paris Convention').

4. This Chapter shall not prevent the Parties from applying provisions in their law providing for higher standards for the protection and enforcement of intellectual property rights, provided that those provisions do not contravene the provisions of this Chapter.

Article 63. Transfer of Technology

1. The Parties agree to exchange views and information on their law and international practices on the protection and enforcement of intellectual property rights, affecting transfer of technology. This shall, in particular, include exchanges on measures to facilitate information flows, business partnerships, and voluntary licensing and subcontracting agreements. Particular attention shall be paid to the conditions necessary to create an adequate enabling environment for technology transfer in the host countries, including issues such as the domestic legal framework and the development of human capital.

2. When measures are taken with regard to technology transfer, the legitimate interests of the intellectual property right holders shall be protected.

Article 64. Exhaustion

Each Party shall apply a national or regional (1) exhaustion regime of intellectual property rights, in accordance with its respective domestic law, in respect of copy right and related rights, designs, and trademarks.

(1) The term ‘regional' refers to regional economic integration organisations that set up an internal market ensuring the free movement of goods and services.

Section 2. Standards Concerning Intellectual Property Rights

COPYRIGHT AND RELATED RIGHTS

Article 65. Protection Granted

Each Party shall comply with the rights and obligations set out in the following international agreements:

(a) the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention);

(b) the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention);

(c) the World Intellectual Property Organization (WIPO) Copyright Treaty;

(d) the WIPO Performances and Phonograms Treaty;

(e) the TRIPS Agreement.

Article 66. Authors

Each Party shall, as regards authors, provide for the exclusive right to authorise or prohibit:

(a) the direct or indirect, temporary or permanent, reproduction by any means and in any form, in whole or in part, of their works;

(b) any form of distribution to the public by sale or otherwise of the original of their works or of copies thereof;

(c) any communication to the public of their works, by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access them from a place and at a time individually chosen by them.

Article 67. Performers

Each Party shall, as regards performers, provide for the exclusive right to authorise or prohibit:

  • Title   I General Principles and Aims of this Agreement 1
  • Article   1 General Principles 1
  • Article   2 Aims of this Agreement 1
  • Article   3 Cooperation In Regional and International Organisations 1
  • Title   II POLITICAL DIALOGUE; COOPERATION IN THE FIELD OF FOREIGN AND SECURITY POLICY 1
  • Article   4 Political Dialogue 1
  • Article   5 Democracy and the Rule of Law 1
  • Article   6 Foreign and Security Policy 1
  • Article   7 Space Security 1
  • Article   8 Serious Crimes of International Concern 1
  • Article   9 Conflict Prevention and Crisis Management 1
  • Article   10 Regional Stability 1
  • Article   11 Countering the Proliferation of Weapons of Mass Destruction 1
  • Article   12 Small Arms and Light Weapons 1
  • Article   13 Counter-terrorism 1
  • Title   III Trade and Business 1
  • Chapter   1 Trade In Goods 1
  • Article   14 Most-favoured-nation Treatment 1
  • Article   15 National Treatment 1
  • Article   16 Import and Export Customs Duties 1
  • Article   17 Import and Export Restrictions 1
  • Article   18 Temporary Admission of Goods 1
  • Article   19 Transit 1
  • Article   20 Safeguard Measures 1
  • Article   21 Special Agriculture Safeguard 1
  • Article   22 Anti-dumping and Countervailing Measures 1
  • Article   23 Pricing 1
  • Article   24 Exceptions 1
  • Chapter   2 Customs 1
  • Article   25 Customs Cooperation 1
  • Article   26 Mutual Administrative Assistance 2
  • Article   27 Customs Valuation 2
  • Chapter   3 Technical Barriers to Trade 2
  • Article   28 Wto Agreement on Technical Barriers to Trade 2
  • Article   29 Technical Regulation, Standardisation, Metrology, Accreditation, Market Surveillance and Conformity Assessment 2
  • Article   30 Transparency 2
  • Chapter   4 Sanitary and Phytosanitary Matters 2
  • Article   31 Objective 2
  • Article   32 Principles 2
  • Article   33 Import Requirements 2
  • Article   34 Equivalence 2
  • Article   35 Measures Linked to Animal and Plant Health 2
  • Article   36 Trade Facilitation 2
  • Article   37 Inspections and Audits 2
  • Article   38 Exchange of Information and Cooperation 2
  • Chapter   5 Trade In Services and Establishment 2
  • Section   1 General Provisions 2
  • Article   39 Objective, Scope and Coverage 2
  • Article   40 Definitions 2
  • Section   2 Establishment and Cross-border Supply of Services 2
  • Subsection   1 All Economic Activities 2
  • Article   41 Scope and Coverage 2
  • Article   42 Progressive Improvement of Conditions for Establishment 2
  • Article   43 Progressive Improvement of Conditions for Cross-border Supply of Services 2
  • Subsection   2 Economic Activities other Than Services 2
  • Article   44 Scope and Coverage 2
  • Article   45 Most-favoured-nation Treatment 2
  • Article   46 National Treatment 2
  • Section   3 Temporary Presence of Natural Persons for Business Purposes 2
  • Article   47 Coverage and Definitions 2
  • Article   48 Intra-corporate Transferees and Business Visitors for Establishment Purposes 2
  • Article   49 Contractual Service Suppliers 2
  • Article   50 Most-favoured-nation Treatment 3
  • Article   51 Progressive Improvement of Conditions for Temporary Presence of Natural Persons for Business Purposes 3
  • Section   4 Domestic Regulation 3
  • Article   52 Scope and Coverage 3
  • Article   53 Licensing and Qualification 3
  • Section   5 Sector Specific Provisions 3
  • Article   54 International Maritime Transport 3
  • Article   54bis Road, Rail, Inland Waterways and Air Transport 3
  • Section   6 Exceptions 3
  • Article   55 General Exceptions 3
  • Section   7 Investment 3
  • Article   56 Review and Consultations 3
  • Chapter   6 Capital Movements and Payments 3
  • Article   57 Current Account 3
  • Article   58 Movement of Capital 3
  • Article   59 Exceptions 3
  • Article   60 Temporary Safeguard Measures with Regard to Capital Movements, Payments or Transfers 3
  • Chapter   7 Intellectual Property 3
  • Article   61 Objectives 3
  • Section   1 Principles 3
  • Article   62 Nature and Scope of Obligations 3
  • Article   63 Transfer of Technology 3
  • Article   64 Exhaustion 3
  • Section   2 Standards Concerning Intellectual Property Rights 3
  • COPYRIGHT AND RELATED RIGHTS 3
  • Article   65 Protection Granted 3
  • Article   66 Authors 3
  • Article   67 Performers 3
  • Article   68 Producers of Phonograms 4
  • Article   69 Broadcasting Organisations 4
  • Article   70 Broadcasting and Communication to the Public 4
  • Article   71 Term of Protection 4
  • Article   72 Protection of Technological Measures 4
  • Article   73 Protection of Rights-management Information 4
  • Article   74 Exceptions and Limitations 4
  • Article   75 Resale Right 4
  • Article   76 Cooperation on Collective Management of Rights 4
  • TRADEMARKS 4
  • Article   77 International Agreements 4
  • Article   78 Registration Procedure 4
  • Article   79 Well-known Trademarks 4
  • Article   80 Exceptions to the Rights Conferred by a Trademark 4
  • GEOGRAPHICAL INDICATIONS 4
  • Article   81 Definition 4
  • Article   82 Principles of the Protection of Geographical Indications 4
  • Article   83 Negotiations 4
  • DESIGNS 4
  • Article   84 International Agreements 4
  • Article   85 Requirements for Protection of Registered Designs 4
  • Article   86 Rights Conferred by Registration 4
  • Article   87 Protection Conferred to Unregistered Designs 4
  • Article   88 Term of Protection 4
  • Article   89 Exceptions 4
  • Article   90 Relationship to Copyright 4
  • PATENTS 4
  • Article   91 International Agreements 4
  • Article   92 Patents and Public Health 4
  • Article   93 Supplementary Protection Certificates 4
  • Article   94 Protection of Data Submitted to Obtain an Authorisation to Put a Pharmaceutical Product on the Market  (1) 4
  • Article   95 Data Protection on Plant Protection Products and Rules on Avoidance of Duplicative Testing 4
  • Article   96 Plant Varieties 4
  • Section   3 Enforcement of Intellectual Property Rights 4
  • Article   97 General Obligations 4
  • Article   98 Entitled Applicants 4
  • Article   99 Evidence 4
  • Article   100 Measures for Preserving Evidence 5
  • Article   101 Right of Information 5
  • Article   102 Provisional and Precautionary Measures 5
  • Article   103 Corrective Measures 5
  • Article   104 Injunctions 5
  • Article   105 Alternative Measures 5
  • Article   106 Damages 5
  • Article   107 Legal Costs 5
  • Article   108 Publication of Judicial Decisions 5
  • Article   109 Presumption of Authorship or Ownership 5
  • Article   110 Administrative Procedures 5
  • Article   111 Border Measures 5
  • Section   4 Liability of Intermediary Service Providers 5
  • Article   112 Use of Intermediaries' Services 5
  • Article   113 Liability of Intermediary Service Providers: ‘mere Conduit' 5
  • Article   114 Liability of Intermediary Service Providers: ‘caching' 5
  • Article   115 Liability of Intermediary Service Providers: ‘hosting' 5
  • Article   116 No General Obligation to Monitor 5
  • Article   117 Date of Application of Articles 112 to 116 5
  • Article   118 Cooperation 5
  • Chapter   8 Government Procurement 5
  • Article   119 Definitions 5
  • Article   120 Scope and Coverage 5
  • Article   121 General Exceptions 6
  • Article   122 General Principles 6
  • Article   123 Information on the Procurement System 6
  • Article   124 Notices 6
  • Article   125 Conditions for Participation 6
  • Article   126 Qualification of Suppliers 6
  • Article   127 Technical Specifications and Tender Documentation 6
  • Article   128 Time Periods 7
  • Article   129 Negotiation 7
  • Article   130 Limited Tendering 7
  • Article   131 Electronic Auctions 7
  • Article   132 Treatment of Tenders and Awarding of Contracts 7
  • Article   133 Transparency of Procurement Information 7
  • Article   134 Disclosure of Information 7
  • Article   135 Domestic Review Procedures 7
  • Article   136 Modifications and Rectifications to Coverage 7
  • Article   137 Transitional Period 8
  • Chapter   9 Raw Materials and Energy 8
  • Article   138 Definitions 8
  • Article   139 Price Regulation 8
  • Article   140 Trading and Export Monopolies 8
  • Article   141 Access and Rights to Prospect, Explore and Produce Hydrocarbons (crude Oil and Natural Gas) 8
  • Article   142 Conditions for Investment In Raw Materials and Energy Goods 8
  • Article   143 Transit 8
  • Article   144 Interruption 8
  • Article   145 Access to High-voltage Electric Energy Transmission Grids and Lines 8
  • Article   146 Regulatory Authorities for Electricity and Gas 8
  • Article   147 Renewable Energy Sector 8
  • Article   148 Cooperation In Raw Materials and Energy Goods 8
  • Article   149 Early Warning Mechanism 8
  • Article   150 Exceptions 8
  • Chapter   10 Trade and Sustainable Development 8
  • Article   151 Context and Objectives 8
  • Article   152 Multilateral Environmental and Labour Standards and Agreements 8
  • Article   153 Right to Regulate and Levels of Protection 8
  • Article   154 Trade and Investment Promoting Sustainable Development 8
  • Article   155 Dispute Settlement 8
  • Chapter   11 Competition 8
  • Article   156 Principles 8
  • Article   157 Antitrust and Mergers Legislation and Its Implementation 8
  • Article   158 State Monopolies, State Enterprises and Enterprises Entrusted with Special or Exclusive Rights or Privileges 8
  • Article   159 Subsidies 8
  • Article   160 Dispute Settlement 9
  • Article   161 Relationship with the WTO 9
  • Article   162 Confidentiality 9
  • Chapter   12 State-owned Enterprises, State-controlled Enterprises and Enterprises Granted Special or Exclusive Rights or Privileges 9
  • Article   163 Definitions 9
  • Article   164 Scope 9
  • Article   165 9
  • Article   166 Non-discrimination 9
  • Article   167 Commercial Considerations 9
  • Article   168 Pricing 9
  • Article   169 Corporate Governance 9
  • Article   170 Exchange of Information 9
  • Chapter   13 Transparency 9
  • Article   171 9
  • Chapter   14 Dispute Settlement 9
  • Section   1 Objective and Scope 9
  • Article   172 Objective 9
  • Article   173 Scope of Application 9
  • Section   2 Consultations and Mediation 9
  • Article   174 Consultations 9
  • Article   175 Mediation 9
  • Section   3 Dispute Settlement Procedures 9
  • Subsection   1 Arbitration Procedure 9
  • Article   176 Initiation of the Arbitration Procedure 9
  • Article   177 Establishment of the Arbitration Panel 9
  • Article   178 Preliminary Ruling on Urgency 9
  • Article   179 Conciliation for Urgent Energy Disputes 9
  • Article   180 Reports of the Arbitration Panel 9
  • Article   181 Interim Report of the Arbitration Panel 9
  • Article   182 Final Report of the Arbitration Panel 9
  • Subsection   2 Compliance 9
  • Article   183 Compliance with the Final Report of the Arbitration Panel 9
  • Article   184 Reasonable Period of Time for Compliance 9
  • Article   185 Review of Any Measure Taken to Comply with the Final Report of the Arbitration Panel 9
  • Article   186 Temporary Remedies In Case of Non-compliance 9
  • Article   187 Review of Any Measure Taken to Comply after the Adoption of Temporary Remedies for Non-compliance 9
  • Article   188 Remedies for Urgent Energy Disputes 9
  • Subsection   3 Common Provisions 9
  • Article   189 Replacement of Arbitrators 9
  • Article   190 Suspension and Termination of Arbitration and Compliance Procedures 9
  • Article   191 Mutually Agreed Solution 9
  • Article   192 Rules of Procedure 9
  • Article   193 Information and Technical Advice 9
  • Article   194 Rules of Interpretation 9
  • Article   195 Decisions and Reports of the Arbitration Panel 9
  • Section   4 General Provisions 10
  • Article   196 Lists of Arbitrators 10
  • Article   197 Relation with Wto Obligations 10
  • Article   198 Time Limits 10
  • Title   IV Cooperation In the Area of Economic and Sustainable Development 10
  • Chapter   1 Economic Dialogue 10
  • Article   199 10
  • Article   200 10
  • Chapter   2 Cooperation In Public Finance Management, Including Public Audit and Internal Control 10
  • Article   201 10
  • Chapter   3 Cooperation In the Area of Taxation 10
  • Article   202 10
  • Chapter   4 Cooperation In the Area of Statistics 10
  • Article   203 10
  • Chapter   5 Cooperation In the Area of Energy 10
  • Article   204 10
  • Article   205 10
  • Article   206 Hydrocarbon Energy 10
  • Article   207 Renewable Energy Sources 10
  • Article   208 Energy Efficiency and Energy Savings 10
  • Chapter   6 Cooperation In the Area of Transport 10
  • Article   209 10
  • Article   210 10
  • Article   211 10
  • Chapter   7 Cooperation In the Area of Environment 10
  • Article   212 10
  • Article   213 10
  • Article   214 10
  • Chapter   8 Cooperation In the Area of Climate Change 10
  • Article   215 10
  • Article   216 10
  • Article   217 10
  • Chapter   9 Cooperation In the Area of Industry 10
  • Article   218 10
  • Chapter   10 Cooperation In the Area of Small and Medium-sized Enterprises 10
  • Article   219 10
  • Chapter   11 Cooperation In the Area of Company Law 10
  • Article   220 10
  • Chapter   12 Cooperation In the Area of Banking, Insurance and other Financial Services 11
  • Article   221 11
  • Chapter   13 Cooperation In the Area of Information Society 11
  • Article   222 11
  • Article   223 11
  • Article   224 11
  • Chapter   14 Cooperation In the Area of Tourism 11
  • Article   225 11
  • Article   226 11
  • Article   227 11
  • Chapter   15 Cooperation In the Area of Agriculture and Rural Development 11
  • Article   228 11
  • Article   229 11
  • Chapter   16 Cooperation on Employment, Labour Relations, Social Policy and Equal Opportunities 11
  • Article   230 11
  • Article   231 11
  • Article   232 11
  • Chapter   17 Cooperation In the Area of Health 11
  • Article   233 11
  • Article   234 11
  • Title   V Cooperation In the Area of Freedom, Security and Justice 11
  • Article   235 Rule of Law and Respect for Human Rights and Fundamental Freedoms 11
  • Article   236 Legal Cooperation 11
  • Article   237 Protection of Personal Data 11
  • Article   238 Cooperation on Migration, Asylum and Border Management 11
  • Article   239 Consular Protection 11
  • Article   240 Combating Money Laundering and Financing of Terrorism 11
  • Article   241 Illicit Drugs 11
  • Article   242 Fight Against Organised and Transnational Crime and Corruption 11
  • Article   243 Fight Against Cybercrime 11
  • Title   VI Other Cooperation Policies 11
  • Chapter   1 Cooperation on Education and Training 11
  • Article   244 11
  • Chapter   2 Cooperation In the Field of Culture 11
  • Article   245 11
  • Chapter   3 Cooperation In Research and Innovation 11
  • Article   246 11
  • Article   247 11
  • Article   248 11
  • Chapter   4 Cooperation In the Media and Audiovisual Fields 11
  • Article   249 11
  • Article   250 11
  • Chapter   5 Civil Society Cooperation 11
  • Article   251 The Parties Shall Continue and Strengthen Their Dialogue, In the Form of Meetings and Consultations, and Shall Cooperate 11
  • Chapter   6 Cooperation In the Field of Sport and Physical Activity 12
  • Article   252 12
  • Chapter   7 Cooperation In the Area of Civil Protection 12
  • Article   253 12
  • Chapter   8 Cooperation In Space Activities 12
  • Article   254 12
  • Article   255 12
  • Chapter   9 Cooperation In the Area of Consumer Protection 12
  • Article   256 12
  • Chapter   10 Regional Cooperation 12
  • Article   257 12
  • Article   258 12
  • Article   259 12
  • Chapter   11 Cooperation In the Field of Civil Service 12
  • Article   260 12
  • Title   VII Financial and Technical Cooperation 12
  • Article   261 12
  • Article   262 12
  • Article   263 12
  • Article   264 Prevention 12
  • Article   265 Communication 12
  • Article   266 On-the-spot Inspections 12
  • Article   267 Investigation and Prosecution 12
  • Title   VIII Institutional Framework 12
  • Article   268 Cooperation Council 12
  • Article   269 Cooperation Committee and Specialised Subcommittees 12
  • Article   270 Parliamentary Cooperation Committee 12
  • Title   IX General and Final Provisions 12
  • Article   271 Access to Courts and Administrative Organs 12
  • Article   272 Delegation of Authority 12
  • Article   273 Restrictions In Case of Balance-of-payments and External Financial Difficulties 12
  • Article   274 Measures Related to Essential Security Interests 12
  • Article   275 Non-discrimination 12
  • Article   276 Taxation 12
  • Article   277 Fulfilment of Obligations 12
  • Article   278 Dispute Settlement 12
  • Article   279 Appropriate Measures In Case of Non-fulfilment of Obligations 13
  • Article   280 Public Access to Official Documents 13
  • Article   281 Entry Into Force, Provisional Application, Duration and Termination 13
  • Article   282 13
  • Article   283 13
  • Article   284 Annexes and Protocols 13
  • Article   285 Definition of the Parties 13
  • Article   286 Territorial Application 13
  • Article   287 Authentic Texts 13
  • ANNEX I  RESERVATIONS IN ACCORDANCE WITH ARTICLE 46 13
  • ANNEX II  LIMITATIONS APPLIED BY THE REPUBLIC OF KAZAKHSTAN IN ACCORDANCE WITH ARTICLE 48(2) 13
  • ANNEX V  RULES OF PROCEDURE FOR ARBITRATION UNDER CHAPTER 14 (DISPUTE SETTLEMENT) OF TITLE III (TRADE AND BUSINESS) 13
  • ANNEX VI  CODE OF CONDUCT FOR MEMBERS OF ARBITRATION PANELS AND MEDIATORS UNDER CHAPTER 14 (DISPUTE SETTLEMENT) OF TITLE III (TRADE AND BUSINESS) 14
  • ANNEX VII  MEDIATION MECHANISM UNDER CHAPTER 14 (DISPUTE SETTLEMENT) OF TITLE III (TRADE AND BUSINESS) 14
  • 1 Objective 14
  • Section   A Procedure Under the Mediation Mechanism 14
  • 2 Request for Information 14
  • 3 Initiation of the Procedure 14
  • 4 Selection of the Mediator 14
  • 5 Rules of the Mediation Procedure 14
  • Section   B Implementation 14
  • 6 Implementation of a Mutually Agreed Solution 14
  • Section   C General Provisions 14
  • 7 Confidentiality and Relationship to Dispute Settlement 14
  • 8 Time Limits 14
  • 9 Costs 15