Tengrinews TV Радио Tengri FM Радио Жұлдыз FM Laws of Kazakhstan
KZ RU EN
Write us +7 (727) 388 8020 +7 (717) 254 2710
искать через Tengrinews.kz
искать через Google
искать через Yandex
USD / KZT - 310.83
EUR / KZT - 349.96
CNY / KZT - 45.13
RUB / KZT - 5.50

Law on Special Defensive, Antidumping and Compensational Measures of Kazakhstan

03 march 2016, 17:12
0

GRATA Finance & Securities Group has released a legal alert covering important legal developments in the Kazakhstani legislation that occurred in 2015.

Most of the changes were introduced in the legislation pursuant to adoption in May 2015 of a new policy document – the Plan of the Nation: 100 Steps for Implementation of 5 Institutional Reforms – governing the development of Kazakhstan in the short-term perspective.

The legal review covers the following areas:

1. Law on Corruption Countermeasures
2. New Civil Procedure Code
3. Law on Astana International Financial Center
4. Law on Judicial System
5. Law on Supreme Judicial Council
6. Resolution on Application of Bankruptcy and Rehabilitation Legislation by the Courts
7. New Commercial Code
8. PPP Law
9. Law on WTO Accession
10. Law on Special Defensive, Antidumping and Compensational Measures
11. Law on Ownership Right Further Protection
12. Law on Amendments to Electric Power Industry
13. Law on Amendments Related to Non-performing Loans,  Financial Services and Financial Organisations
14. Law on Agricultural Cooperatives
15. Privatisation Decree
16. Rules of Electronic Trades
17. New Procurement Law

Each of them is addressed in a separate release on our website, whereas the today’s release deals with the Law on Special Defensive, Antidumping and Compensational Measures.   

 

 

LAW ON SPECIAL DEFENSIVE, ANTIDUMPING AND COMPENSATIONAL MEASURES

The Law on Special Defensive, Antidumping and Compensation Measures (Law of the Republic of Kazakhstan dated 8 June 2015 no. 316-V "On Special Defensive, Antidumping and Compensation Measures in relation to the Third Countries") came into effect on 10 July 2015.

The main purpose of the Law on Special Defensive, Antidumping and Compensation Measures is to make national legislation compliant with international treaties executed by Kazakhstan in the frameworks of Eurasian Economical Union (the “EAEU”) and international treaties of the World Trade Organisation (the “WTO”) in anticipation to official accession of Kazakhstan to WTO.

Please note the following major provisions of the Law on Special Defensive, Antidumping and Compensation Measures:

 

Special Defensive Measures

Special defensive measures are aimed at limitation of import of the certain goods to the customs territory of EAEU in case if increased import of such goods has caused or may cause serious damage to economic sector of the member states. The damage or threat of damage shall be investigated and confirmed by a special investigation body appointed by the Eurasian Economic Commission (the “Investigation Body”).

Special defensive measures can be introduced only upon decision of the Eurasian Economic Commission after investigation mentioned above.

The Law on Special Defensive, Antidumping and Compensational Measures provides for the following types of special defensive measures:

(i)        import quote (Limitation of import of certain goods in terms of their quantity and(or) price);

(ii)       special quote (Establishment of certain level of import below which the goods are delivered free of special duty and above which the goods are delivered subject to special duty), and

(iii)      special duty (Duty payable in addition to import customs duty) (including preliminary special duty (Duty introduced in urgent circumstances when it is not clear whether or not the import of certain goods cause/may cause damage to economic sector of the member states and the Investigation Body has issued preliminary conclusion that the import of such goods caused/may cause damage)).

Special defensive measures can be introduced for not more than 4 years with prolongation option for another 4 years (8 years in total), except preliminary special duty that can be introduced for up to 200 calendar days.

 

Antidumping Measures

Antidumping measures apply in case of import to the customs territory of EAEU of the goods export price of which is lower than normal price of such goods (the “dumping import”).

Antidumping measures apply only in case the dumping import to the customs territory of EAEU causes or may cause material damage to economy sector of member-states or substantially delays the establishment of relevant economy sector of member-states. The fact of material damage, threat of material damage or delay in the establishment of relevant economy sector of member-states shall be investigated and confirmed by the Investigation Body.

Antidumping measures can be introduced only upon decision of the Eurasian Economic Commission after investigation mentioned above.

Antidumping measure can be introduced by the way of:

(i)       introduction of antidumping duty (Duty payable in addition to import customs duty) (including preliminary antidumping duty (Duty introduced in case of preliminary conclusion of the Investigation Body according to which the dumping import of certain goods caused or may cause material damage to economy sector of member-states or substantially delays the establishment of the relevant economy sector of member-states)); or

(ii)        approval of pricing obligations accepted by the relevant exporter (The investigation by the Investigation Body is put on hold or terminated, and no preliminary antidumping duty or antidumping duty is introduced if the relevant exporter accepts the obligations on reconsideration of price for the relevant goods or termination of dumping import into the territory of EAEU and if the Investigation Body holds that acceptance of such obligations will rectify the damage caused by the dumping import).

Antidumping measures can be generally introduced for not more than 5 years, except preliminary antidumping duty that, depending on circumstances, can be introduced for up to 9 months.

 

Compensation Measures

Compensation measures are aimed at neutralisation of negative effect on EAEU economy of specific subsidy provided to the foreign exporters by the exporting third country (A country that is not a member-state of EAEU). Compensation measures apply in case of import to the customs territory of EAEU of the goods produced, exporter or delivered with the use of the specific subsidy provided by the third exporting country (the “subsidised import”).

Compensation measures apply only in case the subsidised import to the customs territory of EAEU causes or may cause material damage to economy sector of member-states or substantially delays the establishment of relevant economy sector of member-states. The fact of material damage, threat of material damage or delay in the establishment of relevant economy sector of member-states shall be investigated and confirmed by the Investigation Body.

Compensation measures can be introduced only upon decision of the Eurasian Economic Commission after investigation mentioned above.

Compensation measure can be introduced by the way of:

(i)       introduction of compensation duty (Duty payable in addition to import customs duty) (including preliminary compensation duty (Duty introduced in case of preliminary conclusion of the Investigation Body according to which the fact of subsidised import is confirmed and  such subsidised import caused or may cause material damage to economy sector of member-states or substantially delays the establishment of the relevant economy sector of member-states)); or

(ii)        approval of voluntary obligations accepted by the subsidising body of the exporting third country or the relevant exporter (The investigation by the Investigation Body is put on hold or terminated, and no preliminary compensation duty or compensation duty is introduced if (i) the exporting third country agrees to cancel or decrease the subsidy or take the measure in order to rectify the consequences of subsidy; or (ii) the relevant exporter agrees to reconsider the prices for the relevant goods if the Investigation Body holds that acceptance of such obligations will rectify the damage caused by the subsidised import).

Compensation measures can be generally introduced for not more than 5 years, except preliminary antidumping duty that can be introduced up to 4 months.

 

Comments and recommendations can be sent to schikanayev@gratanet.com. We will make sure we fix any problems and continue to offer you the best service we can.

Shaimerden Chikanayev, Partner

Email: schikanayev@gratanet.com 

Mob: 7701 7878020

Marina Kahiani, Partner

Email: mkahiani@gratanet.com 

Mob: 7701 7251269

This Legal Alert is provided for your convenience and does not constitute legal advice. It is prepared for the general information of our clients and other interested persons. This Legal Alert should not be acted upon in any specific situation without appropriate legal advice and it may include links to websites other than the GRATA website. If you no longer wish to receive legal alerts from the GRATA Finance & Securities Group, please send an email to schikanayev@gratanet.com


Нравится
Поделиться
Add comment
Most Read
Most Discussed
Today
Week
Month