Law/13. International law

Master’s Degree Student  Ausharipova A.E.

Karaganda Economic University of Kazpotrebsoyuz, Kazakhstan

COOPERATION UNDER INTERNATIONAL LAW IN THE AREA OF CUSTOMS TECHIQUES

 

Profound socio-economic and political reforms carried out today in the Republic of Kazakhstan, not only led to new approaches to foreign economic activity, its liberalization and further progressive reform, but also marked a qualitatively new relationship of Kazakhstan to the problem of cooperation under  international law and regulation in the field of customs. Customs of the Republic of Kazakhstan develops towards the harmonization and unification with generally accepted standards and practices:

- the Republic of Kazakhstan established unequivocal and clear refusal from isolationist course in the customs area, and the closed, isolated from the global experience customs affairs, which was so typical for the long period of state-planned economy domination and administrative-command system.

- due to the fact that the Republic of Kazakhstan participates in international cooperation in the field of customs, the content and appearance of customs law of the republic has been seriously changed. It gradually acquires features of    civilization and integration in the international process.

It should be noted that cooperation of Kazakhstan with other countries in the sphere of customs activity is developing in three main areas:

1) cooperation with the CIS countries, former Soviet republics, sharing with them the international legal regulation of customs;

2) cooperation with international trade and customs organizations;

3) the conclusion of agreements with far-abroad countries [1].

The certain juristic basis of cooperation with the CIS countries has been already created by now. First of all, it is the Agreement on principles of the customs policy, signed on 13 March 1992 in Moscow, by the Russian Federation, the Republic of Armenia, Belarus, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan, Kazakhstan and Uzbekistan. States – parties to the Agreement set to themselves the fundamental goals, the main of which is to stimulate development of the economy and protect the domestic market.    

There are specific tasks to be undertaken by this Agreement. The first is to maintain and strengthen a single economic space between countries. Fulfillment of this task will promote normal, dynamic communication between the countries and customs movement of goods and vehicles across the appropriate border. The second task, closely related to the previous one, is to provide within this space free stock movement, which stimulates the development of foreign economic relations and revives the customs process. The third task is to develop a common policy of parties to the Agreement in relation to third countries and to minimize collisions during its implementation. Since the customs process covers many countries and regions, it is always essential to carry out a balanced customs policy in relations between different groups of countries and even individual countries. The fourth task is to unify customs legislation and procedures, which should simplify stock movement and queuing across the border, to help find the best options for customs clearance and control of customs and tariff regulation, customs statistics and other means of customs policy implementation, while retaining the features of the national element of customs systems and services of different countries. Rational unification harmonizes customs systems of different countries. The fifth task is to create the Customs union, which should become an independent subject of international law. The sixth task is to develop a common customs tariff and to introduce uniform internal taxation of goods and other items that are imported (exported) to a common territory and also exempt goods from customs duties, taxes and charges, which are traded within the Customs Union. The seventh task is not to establish customs barriers between the parties to the Agreement and to regularly review the existing quantitative restrictions, with a view to their volume decreased in the interchange. Eighth task is to eliminate quantitative restrictions on the export of personal things belonging to citizens of the Union participants [2].

The legal basis for a common economic space in Central Asia is the Treaty of three Central Asian republics "On creation of a common economic space between the Republic of Kazakhstan, Kyrgyzstan and Uzbekistan", signed in Cholpan-Ata city on 30 April 1994. The agreement sets the goals of a single economic space.

Among the regional customs of international law acts there is the Customs Union Agreement between Republic of Belarus, the Russian Federation and the Republic of Kazakhstan dated January 10, 1995. The purpose of this agreement was to promote further development of mutually beneficial economic relations between the parties to the Agreement.

In this regard, participants create a joint customs union. Principles of formation of this alliance, the procedure for levying customs duties, the conditions under which impose restrictions and customs control, are defined by the Agreement on the Customs Union. Article 1 of the Agreement states: "The contracting parties shall determine the Customs Union as an economic union of states, based on the following principles:

A)          the presence of a single customs territory of the Customs Union members. Formation of a single customs territory is carried out by: the abolition of customs duties, taxes and charges having equivalent effect, and also quantitative restrictions between the Contracting Parties in merchandise trade passing from their territories; establishment and application of the same trade regime in relations with third countries, common customs tariff and non-tariff regulation of foreign trade; the formation of a mechanism of the Customs Union relations with third countries and international organizations on the basis of the provisions of the Agreement between the Government of the Russian Federation and the Government of Republic of Belarus on single system for regulating foreign economic activity from 12 April 1994.

B)          The existence of a common mechanism for management of the economy which is based on market principles of management and unified legislation.

Article 6 of the Agreement says that the participants of this act provide solidarity in managing their customs.

Parties to the Agreement have agreed to work towards the unification of internal legislation on economic issues.

The parties agreed to organize control over the law enforcement practices and ensure uniformity of methods implementation related to the establishment of control mechanisms to prevent illegal re-export to third countries, as well as to the implementation of payment and settlement relations concerning both trade and non-trade transactions [3].

Within the framework of the CIS a number of international legal documents was carried on Customs matters which the parties rely upon in their daily activities. In particular, the parties to the Agreement rely upon the Principles of customs legislation of CIS member states from 10 December 1994, rely upon the common methodology of customs statistics of foreign trade of CIS member states from 10 December 1994, comply with the country-of-origin identification rules from 24 September 1993, apply the re-export Agreement signed in Moscow on 15 April 1994.

All of the provisions, mentioned above, have direct relevance to the Customs Union, and Kazakhstan is a member of it, formed under the Agreement from 10 January 1995.

There is a new provision in the Agreement on Customs Union from 10 December 1995. It says that the contracting parties by a separate agreement intend to set up an executive body of the Customs Union. And this separate compact between the Russian Federation, Belarus, Kazakhstan and the Republic of Kyrgyzstan was signed. By reason of the Treaty on integration expansion in the economic and humanitarian fields signed in 1996, the Interstate Council was established (the supreme governing body of integration) and Integration Committee (permanent executive body of the Inter-state council).

In accordance with Article 4, the member states of the Agreement the Government of the Russian Federation and the Government of the Republic of Kazakhstan on 20 January 1995 signed an Agreement on single regulatory system for foreign trade and the Protocol for the implementation of free trade regime without exceptions and limitations from 20 January 1995, which is an essential part of the considered Agreement.

It is specifically emphasized that, if necessary, any Contracting Party may take measures, appropriate to international law and domestic law of the country, to ensure the protection of national security, public order, etc. the agreement cannot be an obstacle to the adoption of such measures [4].

Any customs union cannot exist without a package of intergovernmental documents and contracts. In this regard, the three states, then Kyrgyzstan, which form the Customs Union, plan to develop an Agreement on the uniform procedure for regulating foreign trade activities, the agreements for the unity of customs control, the text of a treaty about joint conditions for the protection of the external borders of the Customs Union, agreements for measures to ensure mutual convertibility of national currency at the rate quoted by the National Banks. The Customs Union will be more fit to its status if the participating States of the Union develop a text of the Protocol on the introduction of the foreign trade regime comprehensively without exceptions and limitations, and sign it. Agreement on accession of Kyrgyzstan to the Customs Union was signed was on 29 March 1996.

In the second phase, alliance partners plan to create a single customs territory, which would mean that the customs control of internal borders will be transferred to the external borders of the Customs Union states. Common customs area will lead to the unification of tax, currency legislation, regulations on pricing, to the creation of uniform operational conditions of entities in all states, which are members of the Customs Union.

After making the Agreement on the establishment of the Customs Union, all tariffs and quantitative restrictions on trade between the Republic of Kazakhstan, Belarus and Russia were abolished for up to 6 months. Through the creation of identical regulatory systems of foreign economic relations, unconditional ensuring of effective joint protection of the external borders in the Customs Union, the Common Customs Tariff and non-tariff regulation in relation to third countries.

Favorable conditions for the priority development of trade between countries will be created due to the formation of the Customs Union. Also there will be full supply of necessary energy resources, raw materials, machinery and technical products, food and consumer goods. Eventually, the full fledged Customs Union will make a significant step towards the creation of a common goods market, services, capital and labor.

It should be emphasized that stagewise creation of payment Union will facilitate market development between the countries. It will provide fail-safety calculations on the basis of cross national currency convertibility usage and effective payment system formations.

 

References:

1.            History of  Customs / http://uchebnik.kz/istoriya-tamozhennogo-dela

2.            Agreement on principles of customs policy between Russian Federation, Republic of Armenia, Republic of Belarus, Republic of Kyrgyzstan, republic of Moldova, Republic of Tajikistan, Turkmenistan, Republic of Kazakhstan and Republic of Uzbekistan from the 13th of March 1992 / http://otherreferats.allbest.ru/custom/d00146768.html

3.            Agreement on Customs Union between Republic of Belarus, Russian Federation and Republic of Kazakhstan from the 10th of January 1995 / http://docs.cntd.ru/document/1900670   

4.            Agreement between the Government of Russian Federation and Government of Republic of Kazakhstan on uniform regulation procedure of international economic activity and Protocol on free trade regime implementation with no charges and limits from 20 January 1995 / http://www.novostroy.ru/law/direct.php?id=6&num=1019648&sort&type=gov.