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Working Party on the Accession of the Republic of Kazakshtan - Report of the Working Party on the Accession of the Republic of Kazakhstan - Schedule of specific commitments on services - List of article II MFN exemptions - Addendum
日期:2015/06/23
作者:Kazakshtan
文件編號:WT/ACC/KAZ/93/Add.2
附件下載:WTACCKAZ93A2.doc
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REPORT OF THE WORKING PARTY ON

the accession of the republic of kazakhstan

Schedule of Specific Commitments on Services

 List of Article II MFN Exemptions

Addendum

        As indicated in paragraph 1176 of the Report of the Working Party on the Accession of the Republic of Kazakhstan (WT/ACC/KAZ/93), the Schedule of Specific Commitments on Services resulting from the negotiations between the Republic of Kazakhstan and WTO Members is annexed to the Protocol on the Accession of the Republic of Kazakhstan and is reproduced hereunder.

 

 

 

_______________

 


Mode (s) of Supply:  (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence  (4)  Presence of natural persons

Sector or sub-sector

Limitations on market access

Limitations on national treatment

Additional commitments

In the present Schedule of Specific Commitments (hereinafter "the Schedule"):

-          Asterisk (*) designate "part of";

-          CPC numbers indicated in the brackets with regard to sectors/subsectors of services are references to the UN Provisional Central Product Classification of the UN (Statistical Papers Series M No. 77, Provisional Central Product Classification, Department of International Economics and Social Affairs, Statistical Office of the United Nations, New York, 1991).  The (**) indicates that the service specified constitutes only part of the total range of activities covered by CPC concordance (as indicated in MTN.GNS/W/120).

I.    HORIZONTAL COMMITMENTS

All sectors/subsectors included in this Schedule

Subsidies

 

(1), (2), (3), (4) Unbound for:

-      special rights and preferences to groups of persons and regions that are socially and economically disadvantaged;

-      state support of research and development (R&D);

-      state support of development of national culture and history.

 

Access to subsidies and other forms of state support may be granted only to juridical persons of the Republic of Kazakhstan or to citizens of the Republic of Kazakhstan[1].

 

The supply of a services or its subsidization within the public sector is not in breach of this commitment.

 

Services procured by subsurface users within the framework of investment contracts

 

(1), (2), (3), (4) 

In conducting subsurface operations:

-      Kazakhstan may require investors, in procuring services, to procure up to 50 % of such services from juridical persons of Kazakhstan.

-      For a period of 6 years, in awarding subcontracts through a tender process, an investor shall consider a putative 20% reduction in the price of any bid submitted by a juridical person of Kazakhstan where at least 75% of that subcontractor's qualified employees[2] are citizens of Kazakhstan, provided that the juridical person of Kazakhstan meets the standards and qualitative characteristics stipulated in the tender documents.

 

-      After 6 years, an investor shall consider a putative 20% reduction in the price of any bid submitted by any juridical person of Kazakhstan where at least 50% of that subcontractor's qualified employees are citizens of Kazakhstan, provided that the juridical person of Kazakhstan meets the standards and qualitative characteristics stipulated in the tender documents. 

 

Real Estate

(3), (4) The following types of land plots cannot be in private ownership:

1) trunk lines, railroad networks, and public highways;

 

2) public areas in cities, towns, villages, etc. apart from land plots, occupied by privately owned buildings and constructions, as well as by facilities necessary for their maintenance.

 

The right of permanent land use is reserved to state land users.

(3), (4) None for private ownership of lands which are used for construction sites or already under industrial or other buildings, including residential buildings (facilities) or blocks thereof together with the land under corresponding service facilities (utility structures).

 

Unbound for private ownership of lands used for farming/agricultural production or forest planning purposes.  Foreigners may be granted the right of temporary land use for farming/agricultural production purposes for a period not more than 10 years.

 

 

Commercial presence

(3)   Commercial presence is allowed in the form of a juridical person of the Republic of Kazakhstan, branch and representative offices established in the Republic of Kazakhstan by a juridical person of another Member.

 

       However, representative offices of juridical person of another Member and non‑governmental organizations are not allowed to provide services on a commercial basis in the territory of Kazakhstan.

(3)   None, except as indicated in Part II Specific Sector Commitments below.

 

Entry and temporary stay of natural persons

(4)   Unbound, except for measures of entry and temporary stay of:

 

1.    Intra-corporate transfers of the following natural persons:

       a) executives;

       b) managers;

       c) specialists.

2.    Business visitors.

 

 

1. Intra-corporate transferees (ICTs) – executives, managers and specialists, as defined below, who are temporarily transferred for the supply of services by the juridical person of the Member established in Kazakhstan, within which they are being transferred to Kazakhstan.

Employment of ICTs as managers and specialists shall meet the requirements of economic needs test[3].

Upon expiration of a 5-year period after Kazakhstan's accession to the WTO, economic needs test shall not be applied[4].

 

a)      Executives - persons working in a senior position within a juridical person, who:

-          primarily direct the management of the organization;

-          establish the goals and policies of the organization,

-          exercise wide latitude in decision‑making;

-          and receive only general supervision or direction from the board of directors, or stockholders of the organization;

 

Executives must not directly perform tasks related to the actual provision of a service or services of the organization.

 

b)      Managers - persons working in a senior position within a juridical person, who possess advanced professional qualifications and have significant managerial experience in the relevant field, and:

-          direct the organization, or a department or sub- division of the organization;

-          supervise and control the work of other supervisory, professional or managerial employees,

-          have the authority to hire and fire or recommend hiring, firing, or other personnel actions,

-          receive only general supervision or direction from higher-level executives, the board of directors, or stockholders of the organization;

 

Does not include employees, who primarily perform tasks necessary for the supply of the service.

 

The total number of foreign managers must not exceed 50% within each service supplier, with the minimum of 3 individuals. 

 

c)       Specialists - persons hired by a juridical person of another Member, who possess advanced special and (or) rare knowledge and skills, a significant professional experience essential for supplying  services on a profile of the organization, research equipment techniques or management. In assessing such knowledge, account will be taken not only of knowledge specific to the establishment, but also of whether the person has a high level of qualification referring to a type of work or trade requiring specific technical knowledge, including membership of licensed/accredited profession.

 

The total number of foreign specialists must not exceed 50% within each service supplier, with the minimum of 3 individuals. 

 

In the framework of intra-corporate transfer the entry and temporary stay of natural persons of the Member shall be permitted for three years[5], based on the permits, annually issued by the authorized body, provided that the company fulfils one of the following requirements:

 

            i)  offer training, retraining or advanced training programs for their Kazakhstani employees in skills necessary for subsequent replacement of foreign workforce, or

            ii)  create additional jobs for Kazakhstani employees.

 

The above stated categories of persons must have at least one year work experience in a company, which represents a juridical person of another Member and within which they are being transferred to Kazakhstan.

 

2. Business visitors.

 

Persons, who are not domiciled within the territory of Kazakhstan and are representatives of a service supplier of the Member and entering the territory of Kazakhstan in order to:

 

-    conduct negotiations on sales of services of this supplier, enter into agreement on sales of services, (or) participate in business meetings; (or)

 

-    establish commercial presence of a service supplier;

 

where the representatives are not engaged in making direct sales to the general public or in supplying services themselves and where the representatives do not receive remuneration from a source within Kazakhstan.

 

The period of temporary stay of this category of persons must not exceed 90 days.

(4)   Unbound, except for measures concerning the categories of natural persons referred to in the market access column.

 

II.   SPECIFIC SECTOR COMMITMENTS

1.    BUSINESS SERVICES

A.    Professional Services

(a)   Legal services (consultancy, representations and participation in arbitration affairs and conciliation procedures) on law of the jurisdiction where the service supplier is qualified as a lawyer and on international law, excluding:

-      notary services

-      criminal law of the Republic of Kazakhstan (part of CPC 861*)

(1)   None.

(2)   None.

(3)   None.

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

 

(1)   None.

(2)   None.

(3)   None.

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

 

 

(b)   Auditing services (financial auditing services CPC 86211) and accounts auditing services (CPC 86212)

 

(1), (2) None, except for the following:

-      Auditing companies and auditors must have a contract[6] with the auditing company - juridical person of Kazakhstan, which signs the audit report.

 

(3)   None, except for the following:

-    Commercial presence is allowed only in the form of a juridical person of Kazakhstan through establishment of a limited liability company[7]

 

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

(1), (2) None, except as indicated in the column        "Limitations on market access".

 

 

 

 

 

(3)   None, except as indicated in  the column        "Limitations on market access"

 

 

 

 

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

 

Services in the area of accounting and bookkeeping (CPC 86213, 86219 and 8622 except for tax declarations)

(1)   None.

(2)   None.

(3)   None[8].

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

(1)   None.

(2)   None.

(3)   None.

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

 

(c)   Taxation Services

       (CPC 863)

(1)   None.

(2)   None.

(3)   None.

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   None.

(2)   None.

(3)   None.

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

(d)   Architectural services 

      (CPC 8671)

 

(g)   Urban planning and landscape architectural services  

       (CPC 8674)

(1), (2)  None, except for the following:

Provision of services is allowed only if there is a legal contractual arrangement with the juridical person of the Republic of Kazakhstan, which holds a licence to carry out architectural and engineering services from the authorized body of Kazakhstan. 

 

(3)   None, except for the following:

-      Commercial presence is allowed only in the form of a juridical person of Kazakhstan.

 

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

(1), (2) None, except as indicated in the column "Limitations on market access" 

 

 

 

 

 

 

(3)   None, except as indicated in  the column        "Limitations on market access"   

 

 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

(e)   Engineering Services 

      (CPC 8672)

 

(f)    Integrated Engineering Services  (CPC 8673)

(1)   None.

(2)   None.

(3)   None, except for the following:

-      Commercial presence is allowed only in the form of a juridical person of Kazakhstan[9].

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   None.

(2)   None.

(3)   None, except as indicated in the column        "Limitations on market access".

 

 

 

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

 

(h)   General medical services, only in part of physiotherapy,  homeopathy, acupuncture, phytotherapy, (part of CPC 93121*), except:

-      coercive medical treatment of people who suffer mental disorders and have committed acts endangering public safety;

-      treatment of drug addicts;

-      certain types of examinations to authorise payment of state allowances (autopsy, diagnosis of persistent or temporary disability), to establish liability to action (forensic pathology, forensic psychiatry, army medicine).

(1), (2) None, except for:

-      Compensation of costs of medical services qualifying for the package provided under the system of state guarantees of free health care for the citizens of the Republic of Kazakhstan.

 

(3)   None, except for the following:

-      Commercial presence is allowed only in the form of a juridical person of the Republic of Kazakhstan.

-      Share of foreign participation in the charter capital of a juridical person shall not exceed 49%.

 

To provide medical services it is necessary to obtain a licence, which is issued by an authorized body based on requirements of qualification, certification, standardization and accreditation.  Proficiency level in Kazakh or Russian languages sufficient to carry out the professional activity is required.

 

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

(1), (2) None, except as indicated in the column "Limitations on market access".

 

 

 

 

 

 

(3)   None, except as indicated in the column        "Limitations on market access";

 

-      Unbound for subsidies

 

 

 

 

 

 

 

 

 

 

 

 

 

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

 

(i)    Veterinary services

       (CPC 9320)

(1)   None.

(2)   None.

(3)   None, except for the following:

-      Commercial presence is allowed only in the form of a juridical person of Kazakhstan.

-      Share of foreign participation in the charter capital of a juridical person must not exceed 49%.

 

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

(1)   None.

(2)   None.

(3)   None, except as indicated in  the column        "Limitations on market access"  

 

 

 

 

 

 

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

 

B.    Computer and Related Services

Computer and related services (CPC 84)

(1)   None.

(2)   None.

(3)   None.

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   None.

(2)   None.

(3)   None.

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

C.    Research and Development Services

(b)   Research and development services on social sciences and humanities (CPC 852)

(1)   None.

(2)   None.

(3)   None.

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   None.

(2)   None.

(3)   Unbound for subsidies.

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

E.    Rental\Leasing Services Without Operators

(a)   Relating to ships

       (CPC 83103)

 

 

 

(1)   None.

(2)   None.

(3)  None.

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   None.

(2)   None.

(3)  None.

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

(b)   Relating to aircraft

       (CPC 83104)

(1)   None.

(2)   None.

(3)  None.

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   None.

(2)   None.

(3)  None.

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

(c)   Relating to other transport equipment

       (CPC 83105)

(1)   None.

(2)   None.

(3)  None.

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   None.

(2)   None.

(3)  None.

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

(d) Relating to other machinery and equipment  (CPC 83106 - 83109)

(1)   None.

(2)   None.

(3)  None.

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   None.

(2)   None.

(3)  None.

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

(e)   Leasing or rental services concerning personal and household goods (CPC 832)

(1)   None.

(2)   None.

(3)  None.

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   None.

(2)   None.

(3)   None.

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

F.    Other Business Services

(a)   Advertising services

      (CPC 871)

(1)   None.

(2)   None.

(3)   None, except for the following:

-      Commercial presence is allowed only in the form of a juridical person of Kazakhstan.

 

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

(1)   None.

(2)   None.

(3)   None, except as indicated in the column        "Limitations on market access"

 

 

 

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

 

(b)   Market research services (CPC 86401)

 

(c)   Management consulting services (CPC 8650)

 

(d)   Services related to management consulting (CPC 8660*), except labour arbitrage (CPC 86602)

(1)   None.

(2)   None.

(3)   None.

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

(1)   None.

(2)   None.

(3)   None.

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

 

(e)   Technical testing and analysis services (CPC 8676)

(1), (2) None only with respect to testing of core samples for mining and environmental purposes subject to licensing and authorization requirement

(3)   None, except for the following:

-    Commercial presence is allowed only in the form of a juridical person of Kazakhstan.

 

(4)   Unbound, except as indicated in Part I        "Horizontal commitments".

(1), (2)      None, except as indicated in the column "Limitations on market access".

 

 

(3)   None, except as indicated in the column        "Limitations on market access".

 

 

 

(4)   Unbound, except as indicated in Part I        "Horizontal commitments".

 

(f)    Services incidental to hunting (only in part of development of sport hunting, CPC 88130*) and forestry (part of CPC 88140*)  

(1)   None.

(2)   None.

(3)   None, except for the following:

-    Commercial presence is allowed only in the form of a juridical person of Kazakhstan.

 

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

(1)   None.

(2)   None.

(3)   None, except as indicated in the column        "Limitations on market access".

 

 

 

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

 

(g)   Services incidental to fishing only in case of providing the services on development of sport fishing:

 

Services incidental to fishing (CPC 882*) concerning:

-      technologies for reproduction and for growing of fishes,

-      technologies for fish processing;

 

Services incidental to fishing

(CPC 882*) concerning:

-      completion of fishing crews,

-      growing of fish spats.

(1)   None.

(2)   None.

(3)   None, except for the following:

-    Commercial presence is allowed only in the form of a juridical person of Kazakhstan;

 

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

(1)   None.

(2)   None.

(3)   None, except as indicated in the column        "Limitations on market access".

 

 

 

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

 

(h)   Services incidental to mining (CPC 883 + 5115)

(1)   None.

(2)   None.

(3)   None, except for the following:

-      Commercial presence is allowed only in the form of a juridical person of Kazakhstan.

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

(1)   None.

(2)   None.

(3)   None, except as indicated in the column        "Limitations on market access".

 

 

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

 

(i)    Services incidental to manufacturing (CPC 884* and 885*) only in part of consulting services

(1)   None.

(2)   None.

(3)   None.

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

(1)   None.

(2)   None.

(3)   None.

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

 

-           Services incidental to manufacturing  (CPC 8845*, 8846*, 8848*, 8851* and 8852*) only with respect to services relating to operation of production process, excluding services relating to operation of production process connected with products essential for national security or defense in accordance with the legislation of the Republic of Kazakhstan.  No right to own or lease production facilities is granted to services supplier.

(1)   None with respect to consulting services, otherwise unbound.

(2)   None with respect to consulting services, otherwise unbound.

(3)   None, except for the following:

-      Commercial presence is allowed only in the form of a juridical person of Kazakhstan.

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   None with respect to consulting services, otherwise unbound.

(2)   None with respect to consulting services, otherwise unbound.

 (3)  None, except as indicated in the column "Limitations on market access".

 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

(j)    Services incidental to energy distribution (CPC 887*) only with respect to consulting services

(1)   Unbound.

(2)   None.

(3)   None, except for the following:

-      Commercial presence is allowed only in the form of a juridical person of Kazakhstan

 

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

(1)   Unbound.

(2)   None.

(3)   None, except as indicated in the column        "Limitations on Market Access".

 

 

 

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

 

(l)    Security consultation services (CPC 87302)

(1)   Unbound.

(2)   Unbound.

(3)   None, except for the following:

-      Commercial presence is allowed only in the form of a juridical person of Kazakhstan;

-      Prior authorization is required from the authorized body of Kazakhstan; 

-      For foreign companies, confirmation of at least 5 years of relevant work experience in the country of origin is required. 

 

(4)   Unbound except as indicated in Part I "Horizontal commitments" and subject to the following limitation:

 

       The number of foreign consultants must be limited to 25% of the personnel within the juridical person of Kazakhstan with a minimum number of staff of 5 persons. 

(1)   Unbound.

(2)   Unbound.

(3)   None, except as indicated in the column "Limitations on market access".

 

 

 

 

 

 

 

 

 

(4)   Unbound except as indicated in the column "Limitations on market access" and in Part I "Horizontal commitments".

 

(m) Related scientific and technical consulting services (CPC 8675*), except for (СРС 86754).

(1)   None.

(2)   None.

(3)   None, except for the following:

-    Commercial presence is allowed only in the form of a juridical person of Kazakhstan; 

 

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

(1)   None.

(2)   None.

(3)   None, except as indicated in the column        "Limitations on market access".

 

 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

(n)   Maintenance and repair of equipment (not including maritime vessels, aircraft or other transport equipment) CPC 633 + 8861- 8866.

(1)   None.

(2)   None.

(3)   None, except for the following:

-      Commercial presence is allowed only in the form of a juridical person of Kazakhstan; 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   None.

(2)   None.

(3)   None, except as indicated in the column        "Limitations on market access".

 

 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

(p)   Photographic services (CPC 87501, 87503, 87505, 87506)

(1)   None.

(2)   None.

(3)   None.

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   None.

(2)   None.

(3)   None.

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

(q)   Packaging services (CPC 87600*), except bottling of spirits containing alcohol

(1)   None.

(2)   None.

(3)   None.

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   None.

(2)   None.

(3)   None.

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

(s)   Convention services

       (part of CPC 87909*  only in part of demonstration and exhibition services)

(1)   None.

(2)   None.

(3)   None.

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   None.

(2)   None.

(3)   None.

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

2.    COMMUNICATION SERVICES

B.    Courier Services

Courier services (CPC 7512*) only with respect to:

-    Handling[10] of addressed parcels and packages (including books, catalogues);

-    handling of addressed press products (journals, newspaper, periodicals);

-    express delivery services[11] for addressed letters, addressed parcels, packages and goods, and addressed press products.

(1)   None.

(2)   None.

(3)   None, except for the following:

-      Commercial presence is allowed only in the form of a juridical person of the Republic of Kazakhstan

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   None.

(2)   None.

(3)   None, except as indicated in the column "Limitations on market access".

 

 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

Juridical persons of the Republic of Kazakhstan, including those with foreign participation, supplying courier services as defined in the Schedule shall be accorded treatment not less favourable than the treatment accorded to the national postal operator with respect to the provision of services not assigned as an exclusive right to a national postal operator.   

C.    Telecommunication Services

Commitments taken by Kazakhstan scheduled in accordance with "Notes for Scheduling Basic Telecom Services Commitments"( S/GBT/W/2/REV.1) and Market Access Limitations on Spectrum Availability" (S/GBT/W/3).

Telecommunication services for purposes of this Schedule do not include broadcasting of television and/or radio programmers[12]

(а)   Voice telephone services        (CPC 7521)

(b)   Packet switched data        transmission services (CPC 7523**)

(c)   Circuit switched data

       transmission services (CPC 7523**)

(d)   Telex services (CPC 7523**)

(e)   Telegraph services (CPC 7522)

(f)    Facsimile services

       (CPC 7521**+7529**)

(g)   Private leased circuit services        (CPC 7522**+7523**)

(h)   Electronic mail (CPC 7523**)

(i)    Voice mail (CPC 7523**)

(j)   On-line information and data        base retrieval (CPC 7523**)

(k)   Electronic data exchange

       (CPC 7523**)

(l)    Enhanced/value-added facsimile   services, including store and forward, store and retrieve

       (CPC 7523**)

(m) Code and protocol conversion

(n)   On-line information and/or data        processing (including        transaction processing)

       (CPC 843**)

(o)   Other telecommunications        services (CPC 7529).

(1), (2) None, except for the following:

-      unbound for local services,

-      unbound with respect to radio communication services including satellite communication other than services provided by foreign satellite operators to juridical persons of the Republic of Kazakhstan holding a licence for   telecommunication services.

(3)   None, except for the following:

-      Commercial presence is allowed only in the form of a juridical person of Kazakhstan.

-      For a period of 2.5 years starting from Kazakhstan's accession to the WTO, the total foreign equity will be limited to 49% in the charter capital of juridical persons supplying services in the field of telecommunications as the operator of long distance and (or) international communication and owning the terrestrial (cable, including optical fibre, radio relay) communication lines.

       None afterwards, except for JSC "Kazakhtelecom" and its possible successors where the 49% total foreign equity limitation in the charter capital (stocks or shares) will be maintained.

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

(1), (2) None, except as indicated in the column "Limitations on market access".

 

 

 

 

 

 

 

 

(3)   None, except as indicated in the column        "Limitations on market access".

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

Republic of Kazakhstan undertakes the additional commitments contained in the attached Reference Paper for all of the subsectors scheduled herein.

(o)   Other:

 

-      Mobile services CPC 75213

(1), (2) Unbound, except for the following:

       None only with respect to services provided by foreign satellite operators to juridical persons of the Republic of Kazakhstan holding a licence for telecommunication services.

 

(3)   Commercial presence is allowed only in the form of a juridical person of Kazakhstan.

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1), (2)      None, except as indicated in the column "Limitations on market access".

 

 

 

 

 

(3)   None, except as indicated in the column "Limitations on market access".

 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

D.   Audiovisual Services

(a)   Motion picture or video tape distribution services (CPC 96113*) only with respect to the sale or rental of movies or tapes to other industries for public entertainment, or sale or rental to others.  These commitments do not cover motion picture or video tape broadcasting or other similar forms of transmission to the general public. 

(1)   None.

(2)   None.

(3)   None.

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   None.

(2)   None.

(3)   None, except unbound for subsidies;

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

(b)   Motion Picture or Video Tape Projection by Cinema theatre owners only CPC 9612* excluding projection services for government endorsed film festivals and other cultural events.

(1)   Unbound.

(2)   None.

(3)   None, except for:

-      Commercial presence is allowed only in the form of a juridical person of Kazakhstan.

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   Unbound.

(2)   None.

(3)   None, except as indicated in the column "Limitations on market access" and:

-      Unbound for subsidies;

 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

(c)   Sale of TV and radio programs to TV and radio stations, excluding broadcasting. For the purpose of clarity: these commitments do not cover TV and radio programs broadcasting or other similar forms of transmission to the general public

(1)   None.

(2)   None.

(3)   Unbound.

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   None.

(2)   None.

(3)   Unbound.

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

3.    CONSTRUCTION AND RELATED ENGINEERING SERVICES

Construction and related engineering services (CPC 51), including dredging services.

A.    General construction works for erection of buildings (CPC 512)

B.    General construction works for civil engineering (CPC 513)

C.    Installation and assembly work  (CPC 514, 516)

D.    Building completion and finishing work (CPC 517)

E.    Other (CPC 511[13], 515, 518)

 

 

 

(1)   None.

(2)   None.

(3)   None, except for the following:

-        Commercial presence is allowed only in       the form of a juridical person of      Kazakhstan.

 

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

 

 

 

(1)   None.

(2)   None.

(3)   None, except as indicated in the column        "Limitations on market access".

 

 

 

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

 

4.    DISTRIBUTION SERVICES

No commitments are made in respect of distribution of the following products:

-      weapons and arms systems, ammunition;

-      explosive materials, equipment and devices for explosion and pyrotechnic items;

-      measurements devices used in the area of state metrological control and supervision;

-      narcotics and psychotropic substances;

-      ethyl spirit (HS Codes 2207, 2208907809)

A.    Commission agents' services (CPC 61111, 6113, 6121, 621* except for CPC 62113 and part of CPC 62117 in respect of pharmaceutical, para-pharmaceutical and medical goods[14].

 

B.    Wholesale trade services (CPC 61111, 6113, 6121, 622* except for sturgeon fish and caviar.

 

C.    Retailing services (CPC 6111, 61112, 6113, 6121, 631, 61300* only in part of fuel, lubricating oil and grease for auto vehicles, 632* except for 63211 with respect to pharmaceutical, para-pharmaceutical and medical goods. 

(1)   None.

(2)   None.

(3)   None, except for the following:

-      Commercial presence is allowed only in the form of a juridical person of Kazakhstan[15].

-      Wholesale distribution of pharmaceutical, para-pharmaceutical and medical goods will be allowed after 5 years from the date of Kazakhstan's accession to the WTO.

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   None.

(2)   None.

(3)   None, except as indicated in the column "Limitations on market access".

 

 

 

 

 

 

 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

D.    Franchising Services (CPC 8929) [16]

 

 

 

(1)   None.

(2)   None.

(3)   None , except for the following:

-      Commercial presence is allowed only in the form of a juridical person of Kazakhstan.

 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   None.

(2)   None.

(3)  None.

 

 

 

 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

5.    EDUCATIONAL SERVICES  

C.    Higher education services (CPC 923*) only with respect to private education

 

D.    Adult education (CPC 924*) only with respect to private education

(1)   None.

(2)   None.

(3)   None, except  for the following:

-    Commercial presence is allowed only in the form of a juridical person of Kazakhstan.

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   None.

(2)   None.

(3)   None, except as indicated in the column        "Limitations on market access";

-        Unbound for subsidies

 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

Е.    Other education services (CPC 929*)

      

        Short term training programs

(1)   None.

(2)   None.

(3)   None

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   None.

(2)   None.

(3)   None

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

-      Training services (e.g. language training; executive/management training, information technology training); private educational testing services, education programs offered during school breaks; and tutoring and preparatory courses.

(1)   None.

(2)   None.

(3)   None, except  for the following:

-    Commercial presence is allowed only in the form of a juridical person of Kazakhstan.

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   None.

(2)   None.

(3)   None, except as indicated in the column "Limitations on market access";

-        Unbound for subsidies

 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

6.    ENVIRONMENTAL  SERVICES

These commitments apply only to services contracted by private companies.

A.    Waste water management only with regard to collection and processing of industrial liquid wastes (Part of СРС 9401*);

 

B.    Solid/Hazardous waste management;

 

-      Refuse disposal services, except radioactive waste products (СРС 9402);

-      Sanitation and  similar services (СРС 9403);

 

C.    Protection of ambient air and climate (СРС 9404);

 

D.    Remediation and cleanup of soil & water (Part of СРС 94060*);

 

E.    Noise & vibration abatement (СРС 94050) ;

 

F.     Protection of biodiversity and landscape (Part of СРС 9406*);

 

G.    Other environmental & ancillary services (СРС 94090).

(1)   None.

(2)   None.

(3)   None, except for the following:

-      For waste water management and waste management services, commercial presence is allowed only in the form of a juridical person of Kazakhstan.

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   None.

(2)   None.

(3)   None, except as indicated in the column        "Limitations on market access".

 

 

 

 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

7.    FINANCIAL SERVICES

Without prejudice to the specific commitments listed below for all modes of supply, as a general rule and in a non-discriminatory manner, financial services suppliers must be established in certain organizational and legal forms in accordance with the Kazakhstan's legislation and meet the licensing requirements.  Financial services suppliers are subject to prudential measures in accordance with Article 2 (A) of the Annex on Financial Services.  Upon expiration of a transitional period, branches of foreign financial institutions are subject to conditions equivalent to those applied to domestic financial institutions and must fulfil prudential measures including but not limited to:  separate capitalization requirement, separate guarantee and deposit requirement, other solvency requirement, accounts reporting and publication requirement, and with respect to insurance companies, the localization of technical reserves and solvency margins requirements as well.  

 

As regards financial services, when citizens of Kazakhstan are acting in their capacity as natural persons, all commitments taken under mode (2) are made only if such persons physically move to the territory of a foreign country and/or are present on the territory of a foreign country.

A.    All insurance and insurance-related services:

(i)    Direct insurance (including co-insurance):

       (A) Life

       (B) Non-life

 

 

(1), (2) Unbound, except for the following:

upon 3 years following Kazakhstan's accession to the WTO, none only with respect to the insurance risks related to maritime transportation services (except for vessels supplying solely or permanently cabotage transportation services) and commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following:  the goods being transported, the vehicle transporting the goods and any liability arising therefrom.

 

(3)   None, except for the following:

-      Commercial presence is allowed only in the form of a juridical person of Kazakhstan through establishment of a joint-stock company.

 

Upon expiration of the 5-year period starting from the date of Kazakhstan's accession to the WTO commercial presence will also be allowed through establishment of direct branches.

 

Upon that, Kazakhstan shall not be prevented from taking measures such as follows:

 

-      The minimum amount of total assets of the non-resident insurance organization, which has submitted application for opening of a branch, must be not less than 5 billion US dollars.

 

-      Branches of the non-resident insurance companies are allowed to provide insurance services in certain sectors (life insurance or non – life insurance) and classes of insurance only if parent non – resident companies have at least 10 year experience in those sectors and classes.

 

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

 

 

(1), (2) Unbound, except as indicated in the column "Limitations on market access".

 

 

 

 

 

 

 

 

 

 

 

 

 

(3)   None, except as indicated in the column        "Limitations on market access" and,

-      A day – to –day activity of a branch must be managed by at least two residents of the Kazakhstan.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

 

(ii)   Reinsurance and retrocession

 

(1), (2) None, except for:

-      Aggregate amount of insurance premiums paid by cedent to reinsurance organizations-non-residents of the Republic of Kazakhstan with the deduction of commission charges received by cedent from them, must not exceed 85% of the aggregate amount of insurance premiums received under insurance contracts (taking into account payments to reinsurance organizations) by the end of full financial year.

-      upon 3 years following Kazakhstan's accession to the WTO above mentioned limitation will not be applied to the risks related to maritime transportation services (except for vessels supplying solely or permanently cabotage transportation services) and commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following:  the goods being transported, the vehicle transporting the goods and any liability arising therefrom.

 

(3)   None, except for the following:

-      Commercial presence is allowed only in the form of a juridical person of Kazakhstan through establishment of a joint-stock company.

 

       Upon expiration of the 5-year period starting from the date of Kazakhstan's accession to the WTO commercial presence will also be allowed through establishment of direct branches.

 

       Upon that, Kazakhstan shall not be prevented from taking measures such as follows:

-      The minimum amount of total assets of the non-resident insurance organization, which has submitted application for opening of a branch, must be not less than 5 billion US dollars.

 

-      Branches of the non - resident reinsurance companies are allowed to provide reinsurance services only if parent non – resident companies have at least 10 year experience in reinsurance.

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1), (2) None, except as indicated in the column "Limitations on market access".

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(3)   None, except as indicated in the column "Limitations on market access", and

-      A day–to–day activity of a branch must be managed by at least two residents of the Kazakhstan.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

(iii)  Insurance intermediation, such as brokerage and agency

(1), (2) Unbound, except for the following:

(a)   none for the insurance of civil and legal responsibility of motor vehicle owners, who are traveling abroad; 

(b)   upon 3 years following Kazakhstan's accession to the WTO, none only with respect to the insurance risks related to maritime transportation services (except for vessels supplying solely or permanently cabotage transportation services) and commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following:  the goods being transported, the vehicle transporting the goods and any liability arising therefrom;

(c)   reinsurance.

 

(3)   None, except for the following:

-      Commercial presence is allowed only in the form of a juridical person of Kazakhstan through establishment of a joint – stock company or limited liability company.

      

       Upon expiration of the 5-year period starting from the date of Kazakhstan's accession to the WTO commercial presence will also be allowed through establishment of direct branches. 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1), (2) Unbound, except as indicated in the column "Limitations on market access".

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(3)   None, except as indicated in the column "Limitations on market access".

 

 

 

 

 

 

 

 

 

 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

(iv)  Services auxiliary to insurance, such as consultancy, actuarial, risk assessment and claim settlement services.

(1)   None.

(2)   None.

(3)   None.

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   None.

(2)   None.

(3)   None.

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

B.    Banking service and other financial services (excluding insurance):

(v)   Acceptance of deposits and other repayable funds from the public

 

(vi) Lending of all types, including consumer credit, mortgage credit, factoring and financing of commercial transactions

 

(vii) Financial leasing

 

(viii) All payment and money transmission services, including credit, charge and debit cards, travelers' cheques and bankers drafts.

(ix)  Guarantees and commitments

 

 

 

(1)   Unbound.

(2)   None.

 

(3)   None, except for the following:

-      Commercial presence is allowed in the form of a juridical person of Kazakhstan through establishment of a joint-stock company.

      

       Upon expiration of the 5-year period starting from the date of Kazakhstan's accession to the WTO commercial presence will also be allowed through establishment of direct branches.

 

       Upon that, Kazakhstan shall not be prevented from taking measures such as follows:

 

-      The minimum amount of total assets of the non-resident bank, which has submitted the application for opening of a branch, must be not less than 20 billion US dollars.

 

-      The minimum amount of deposit, which can be accepted from natural persons by foreign bank branches must be not less than 120,000 US dollars.

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   Unbound.

(2)   None.

 

(3)   None, except as indicated in the column "Limitations on market access", and

-      A day – to –day activity of a branch must be managed by at least two residents of the Kazakhstan.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

(x)   Trading for own account or for account of customers, whether on an exchange, in an over-the-counter market or otherwise, the following:

(A)   money market instruments (including cheques, bills, certificates of deposits);

(B)   foreign exchange;

(C)   derivative products including, but not limited to, futures and options;

(D)   exchange rate and interest rate instruments, including products such as swaps, forward rate agreements;

(E)   transferable securities;

(F)   other negotiable instruments and financial assets, including bullion.

(1)   Unbound.

(2)   None.

(3)   None, except for the following:

-      Commercial presence is allowed in the form of a juridical person of Kazakhstan through establishment of a joint-stock company.

 

       Upon expiration of the 5-year period starting from the date of Kazakhstan's accession to the WTO commercial presence will also be allowed through establishment of direct branches.

 

       Upon that, Kazakhstan shall not be prevented from taking measures such as follows:

 

-      The minimum amount of total assets of the non-resident bank, which has submitted the application for opening of a branch, must be not less than 20 billion US dollars.

 

 

-      The activity of the stock exchange can only be carried out by a juridical person of Kazakhstan in the form of a joint- stock company.

 

-      The minimum amount of deposit, which can be accepted from natural persons by foreign bank branches must be not less than 120,000 US dollars.

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   Unbound.

(2)   None.

(3)   None, except as indicated in the column "Limitations on market access", and

-      A day – to –day activity of a branch must be managed by at least two residents of the Kazakhstan.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

(xi) Participation in issues of all kinds of securities, including underwriting and placement as agent (whether publicly or privately) and provision of services related to such issues;

(1)   Unbound.

(2)   None.

(3)   None, except for:

-      Commercial presence is allowed only in the form of a juridical person of Kazakhstan.

-      A licensee must be in the form of a joint‑stock company.

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   Unbound.

(2)   None.

(3)   None, except as indicated in the column "Limitations on market access".

 

 

 

 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

(xii) Money broking;

(1)   Unbound.

(2)   None.

(3)   None, except for:

-      Commercial presence is allowed only in the form of a juridical person of Kazakhstan.

-      A licensee must be in the form of a joint‑stock company.

 

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

(1)   Unbound.

(2)   None.

(3)   None, except as indicated in the column "Limitations on market access".

 

 

 

 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

(xiii) Asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, custodial, depositary and trust services:

 

(A)   Management of an investment portfolio;

 

(1)   Unbound.

(2)   None, except for collective investment management companies

(3)   None, except for the following:

-      Commercial presence is allowed only in the form of a juridical person of Kazakhstan.

-      The applicant (licence holder) must be a professional participant of securities market in the form of a joint-stock company.

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   Unbound.

(2)   None, except as indicated in the column "Limitations on market access".

(3)   None, except as indicated in the column "Limitations on market access".

 

 

 

 

 

 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

(B)   Pension assets investment management services;

(1)   Unbound

(2)   Unbound.

(3)   None, except for the following:

-      Pension assets investment management services can be carried out only by juridical persons of the Republic of Kazakhstan.

-      The applicant (licence holder) the professional participant of securities market of Kazakhstan must be in the form of a joint-stock company.

-      A total equity capital of the pension assets investment management companies, with the participation of non-residents of Kazakhstan, may not exceed 50% of the aggregate stated equity capital of all pension assets investment management companies of Kazakhstan.

       Above mentioned requirement shall not be applied in cases when increase of total capital of pension assets investment management companies with participation of non‑residents of Kazakhstan, exceeding 50% have occurred due to:

 

-      retained earnings;

-      decrease of total own capital of pension assets investment management companies.

 

(4)   Unbound, except as indicated in Part I "Horizontal commitments" and:

 

-      At least one third of members of the Board of Directors and Executive Board of the pension assets investment management company, with the participation of non‑residents of Kazakhstan, must be citizens of the Republic of Kazakhstan.

(1)   Unbound

(2)  Unbound

(3)   None, except as indicated in the column "Limitations on market access".

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(4)   Unbound, except as indicated in Part I "Horizontal commitments" and in the column "Limitations on market access".

 

 

(C)   Investment funds' assets management services 

(1)   Unbound.

(2)   None, except for collective investment management companies.

(3)   None, except for the following:

 

-      The organization which is carrying out investment funds' assets management services is the juridical person - professional participant of the securities market of the Republic of Kazakhstan.

-      The applicant (licence holder) should be in the form of a joint-stock company.

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   Unbound

(2)   None, except as indicated in the column "Limitations on market access".

(3)   None, except as indicated in the column "Limitations on market access".

 

 

 

 

 

 

 

 

 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

(D)   Custodial activity

(1)   Unbound.

(2)   Unbound.

(3)   None, except for:

-      Commercial presence is allowed only in the form of a juridical person of Kazakhstan through establishment of a joint–stock company.

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   Unbound.

(2)   Unbound.

(3)   None, except as indicated in the column "Limitations on market access".

 

 

 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

(E)   Trust operations of banks: management of money, the requirement rights on the mortgage loans and refined precious metals in interests and on behalf of the principal

(1)   Unbound.

(2)   Unbound.

(3)   None, except for the following:

-      Commercial presence is allowed in the form of a juridical person of Kazakhstan through establishment of a joint-stock company.

      

       Upon expiration of the 5-year period starting from the date of Kazakhstan's accession to the WTO commercial presence will also be allowed through establishment of direct branches.

 

       Upon that, Kazakhstan shall not be prevented from taking measures such as follows:

-      The minimum amount of total assets of the non-resident bank, which has submitted the application for opening of a branch, must be not less than 20 billion US dollars.

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   Unbound.

(2)   Unbound.

(3)   None, except as indicated in the column        "Limitations on market access", and:

-      A day- to-day activity of a branch must be managed by at least two residents of the Kazakhstan.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

(xiv) Settlement and clearing services for financial assets, including securities, derivative products, and other negotiable instruments

 

(1)   Unbound.

(2)   None.

(3)   None, except for:

-      Central Depositary (juridical person of Kazakhstan, established in the form of a joint stock company) - the only organization carrying out depositarial activity in the territory of Kazakhstan.

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   Unbound.

(2)   None.

(3)   None, except as indicated in the column "Limitations on market access"

 

 

 

 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

(xv) Provision and transfer of financial information, and financial data processing and related software by providers of other financial services

(1)   None.

(2)   None.

(3)   None.

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   None.

(2)   None.

(3)   None.

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

(xvi) Advisory, intermediation and other auxiliary financial services on all the activities listed in paragraphs (v)-(xv), including credit reference and analysis,  direct investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy.

(1)   None.

(2)   None.

(3)   None.

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   None.

(2)   None.

(3)   None.

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

9.    TOURISM AND RELATED SERVICES

A.    Services of hotels and restaurants (CPC 641** (excluding 64191,64192); 642; 643)

(1)   None.

(2)   None.

(3)   None, except for the following:

-      Commercial presence is allowed only in the form of a juridical person of Kazakhstan.

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   None.

(2)   None.

(3)   None, except as indicated in the column "Limitations on market access".

 

 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

B.    Travel agency and tour operator services (CPC 74710)

(1)   None, except for travel agencies:  Unbound for a period of 2 years starting from the date of Kazakhstan's accession to the WTO.  None afterwards.

(2)   None.

(3)   None, except for the following:

-    Commercial presence is allowed only in the form of a juridical person of Kazakhstan.

-    For foreign companies confirmation of at least 5 years of relevant work experience in the country of origin is required.

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   None.

 

 

 

(2)   None.

(3)   None, except as indicated in the column "Limitations on market access".

 

 

 

 

 

 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

10. RECREATIONAL, CULTURAL AND SPORTING SERVICES (other than audio-visual services)

A.    Entertainment services (only with respect to CPC 96194 (circus, amusement park and similar attraction services))

(1)   None.

(2)   None.

(3)   None.

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   None.

(2)   None.

(3)   None.

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

Entertainment services

Cinema theatre operation services (CPC 96199)

(1)   None.

(2)   None.

(3)   None, except for the following:

-    The commercial presence is allowed only in the form of the juridical person of Kazakhstan.

 

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

(1)   None.

(2)   None.

(3)   None, except as indicated in the column "Limitations on market access" and the following:

-        Unbound for subsidies.

 

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

 

B.    News agency services (CPC 962)

(1)   None.

(2)   None.

(3)   None, except for the following:

-  The commercial presence is allowed only in the form of the juridical person of Kazakhstan.

-  Total foreign participation must not exceed 20% of stocks (shares) of the juridical person of the Republic of Kazakhstan owning the mass-media entity in Kazakhstan.

-  Notwithstanding mentioned above, foreign news agencies could be accredited with the Ministry of Foreign Affairs of the Republic of Kazakhstan for a period not exceeding one year, subject to prolongation on an annual basis. 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   None.

(2)   None.

(3)   None, except as indicated in the column "Limitations on market access".

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

11. TRANSPORT SERVICES

A.   Maritime Transport Services

International Transport (freight and passengers) CPC 7211 and 7212 less cabotage transport (as defined below – 1)

(1)   (a)  Liner Shipping: none.

       (b)  Bulk, tramp, and other international shipping, including passenger transportation:  None.

 

(2)   None.

 

(3)   (a)  Establishment of registered company for the purpose of operating a fleet under the national flag of the Republic of Kazakhstan:  Unbound.

 

       (b)  Other forms of commercial presence for the supply of international maritime transport services (as defined below – 2):  None, except for the following: 

-    Commercial presence is allowed only in the form of a juridical person of the Republic of Kazakhstan.

 

(4)   (a)  Ships' crews: Unbound

       (b)  Key personnel employed in relation to a commercial presence as defined under mode 3(b) above:  For ICTs -Unbound except as indicated in the part I "Horizontal commitments".

(1)   None. 

 

 

 

 

(2)   None.

 

(3)   (a)  Unbound

 

 

 

 

       (b)  None, except as indicated in the column "Limitations on market access". 

 

 

 

 

 

 

 

 

(4)   (a)  Unbound.

       (b)  Unbound, except as indicated in Part I "Horizontal commitments".

The following services at the port are made available to international maritime transport suppliers on reasonable and no discriminatory terms and conditions

1.    Pilotage

2.    Towing and tug assistance

3.    Provisioning, fuelling and watering

4.    Garbage collecting and ballast waste disposal

5.    Port Captain's services

6.    Navigation aids

7.    Shore-based operational services essential to ship operations, including communications, water and electrical supplies

8.    Emergency repair facilities

9.    Anchorage, berth and berthing services

 

1)    See Note

MARITIME AUXILIARY SERVICES

 

Maritime Cargo Handling Services (as defined below – 3)

(1)   Unbound.

(2)   None.

(3)   None, except for the following: 

-      Commercial presence is allowed in the form of a juridical person of the Republic of Kazakhstan.

 

(4)   Unbound except as indicated in Part I "Horizontal commitments"

(1)   Unbound.

(2)   None.

(3)   None, except as indicated in the column        "Limitations on market access".

 

 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

Storage and warehousing Services CPC 742

(1)   Unbound.

(2)   None.

(3)   None, except for the following: 

-    Commercial presence is allowed in the form of a juridical person of the Republic of Kazakhstan.

 

(4)   Unbound except as indicated in Part I "Horizontal commitments"

(1)   Unbound.

(2)   None.

(3)   None, except as indicated in the column        "Limitations on market access".

 

 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

Container Station and Depot Services (as defined below – 4)

(1)   Unbound.

(2)   None.

(3)   None, except for the following: 

-      Commercial presence is allowed only in the form of a juridical person of the Republic of Kazakhstan.

 

(4)   Unbound except as indicated in Part I "Horizontal commitments"

(1)   Unbound.

(2)   None.

(3)   None, except as indicated in the column        "Limitations on market access".

 

 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

Rental services of vessels with crew (CPC 7213)

(1)   Unbound.

(2)   None.

(3)   None, except for the following: 

-      Commercial presence is allowed only in the form of a juridical person of the Republic of Kazakhstan.

 

(4)   Unbound, except as indicated in Part I "Horizontal commitments" and subject to the following limitation:

-    Captain, chief captain's mate, chief engineer and signaler must be citizens of the Republic of Kazakhstan.

(1)   Unbound.

(2)   None.

(3)   None, except as indicated in the column        "Limitations on market access".

 

 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

(d)   Maintenance and repair of vessels (CPC 8868)

(1)   Unbound

(2)   None

(3)   None, except for the following:

-    Commercial presence is allowed only in the form of a juridical person of Kazakhstan.

 

(4)   Unbound, except as indicated in the part I "Horizontal commitments".

(1)   Unbound

(2)   None

(3)   None, except as indicated in the column "Limitations on market access".

 

 

 

(4)   Unbound, except as indicated in the part I "Horizontal commitments".

 

B.    Internal Waterways Services   

Rental services of vessels with crew (CPC7223)

(1)   Unbound.

(2)   None.

(3)   None, except for the following: 

-    Commercial presence is allowed only in the form of a juridical person of the Republic of Kazakhstan.

-    Cross border supply of cargo is carried out on the basis of bilateral agreements of the Republic Kazakhstan with other states.

 

(4)   Unbound, except as indicated in Part I 

       "Horizontal commitments" and subject to        the following limitation:

-    Captain, chief captain's mate, chief engineer and signaler must be citizens of the Republic of Kazakhstan.

(1)   Unbound.

(2)   None.

(3)   None, except as indicated in the column        "Limitations on market access".

 

 

 

 

 

 

 

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

 

Maintenance and repair of vessels

(CPC 8868)

(1)   None.

(2)   None.

(3)   None, except for:

-   Commercial presence is allowed only in the form of a juridical person of Kazakhstan.

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   None.

(2)   None.

(3)   None, except as indicated in the column        "Limitations on market access".

 

 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

C.    Air Transport Services

Maintenance and repair of aircraft

(CPC 8868)

(1)   None.

(2)   None.

(3)   None, except for the following:

-      Commercial presence is allowed only in the form of a juridical person of Kazakhstan.

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   None.

(2)   None.

(3)   None, except as indicated in the column        "Limitations on market access".

 

 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

Sales and marketing of air transport services

(1)   None.

(2)  None.

(3)  None, except  for the following:

-      Commercial presence is allowed only in the   form of a juridical person of Kazakhstan.

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)  None.

(2)  None.

(3)   None, except as indicated in the column        "Limitations on market access".

 

 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

Computer Reservation System (CRS)

(1)   None.

(2)   None.

(3)   None.

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

(1)   None.

(2)   None.

(3)   None.

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

 

Е.    Railway Transport Services 

Maintenance and repair of rail transport equipment

(CPC 8868)

 

 

(1)   None.

(2)   None.

(3)  None, except for the following:

-      Commercial presence is allowed only in the form of a juridical person of Kazakhstan.

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   None.

(2)   None.

(3)   None, except as indicated in the column        "Limitations on market access".

 

 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

F.    Road Transport Services

Maintenance and repair of road transport equipment (CPC 6112, 8867)

 

Freight transportation only with regard to the transportation of addressed letters, addressed parcels, packages and goods, and addressed press products[17].  (CPC 71235)

(1)   Unbound.

(2)   None.

(3)   None, except for the following:

-      Commercial presence is allowed only in the form of a juridical person of Kazakhstan.

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

(1)   Unbound

(2)   None

(3)   None, except as indicated in the column "Limitations on market access".

 

 

 

(4)   Unbound, except as indicated in Part I "Horizontal Commitments".

 

H.    Supporting and Auxiliary Transport Services (excluding respective auxiliary services for space transport and pipeline transport)

Cargo-handling services (CPC 741*), only for maritime transport services, road and rail transport services

 

Storage and warehouse services (CPC 742*), only for maritime transport services, rail transport services, and road transport services

 

Freight transport agency services (CPC 748*) only for maritime transport services, rail transport services, road and air transport services.

 

Pre-shipment inspection, and other supporting and auxiliary transport services with respect to freight brokerage services, transportation document preparation services, freight inspection, weighing and sampling services (CPC 749**), only for maritime transport services, rail transport services, and road transport services

(1)   Unbound.

(2)   None.

(3)  None, except  for the following:

-    Commercial presence is allowed in the form of a juridical person of Kazakhstan.

 

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

(1)   Unbound.

(2)   None.

(3)   None, except as indicated in the column        "Limitations on market access".

 

 

 

(4)   Unbound, except as indicated in Part I        "Horizontal Commitments".

 


NOTE TO THE SCHEDULE ON MARITIME TRANSPORT SERVICES

 

        Where road, rail, inland waterways and related auxiliary services are not otherwise fully covered in Kazakhstan's schedule, a multimodal transport operator shall have the ability to rent or lease trucks, railway carriages or barges, and related equipment, for the purpose of inland forwarding of cargoes, or have access to, and use of, these forms of multimodal activities on reasonable and non-discriminatory terms and conditions for the purpose of carrying out multimodal transport operations.  "Reasonable and non-discriminatory terms and conditions" means, for the purpose of multimodal transport operations and  this additional commitment, the ability of the multimodal transport operator to arrange for the conveyance of its merchandise on a timely basis, including priority over other merchandise which has entered the port at a later date.

 

DEFINITIONS

1.     Without prejudice to the scope of activities which may be considered as "cabotage" under the relevant national legislation, this schedule does not include "maritime cabotage services", which are assumed to cover transportation of passengers or goods between a port located in Kazakhstan and another port located in Kazakhstan and traffic originating and terminating in the same port located in Kazakhstan provided that this traffic remains within Kazakhstan's territorial waters.

 

2.     "Other forms of commercial presence for the supply of international maritime transport services" means the ability for international maritime transport service suppliers of other Members to undertake locally all activities which are necessary for the supply to their customers of a partially or fully integrated transport service, within which the maritime transport constitutes a substantial element.  (This commitment shall however not be construed as limiting in any manner the commitments undertaken under the cross-border mode of delivery).

 

These 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, these services being those operated or offered by the service supplier itself or by service suppliers with which the service seller has established standing business arrangements;

 

(b)        the acquisition, on their own account or on behalf of their customers (and the resale to their customers) of any transport and related services, including inward transport services by any mode, particularly inland waterways, road and rail, necessary for the supply of the integrated services;

 

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

 

(d)        the provision of business information by any means, including computerised information systems and electronic data interchange (subject to the provisions of the annex on telecommunications);

 

(e)        the setting up of any business arrangements (including participation in the stock of a company) and the appointment of personnel recruited locally (or, in the case of foreign personnel, subject to the horizontal commitment on movement of personnel) with any locally established shipping agency;

 

(f)        acting on behalf of the companies, organising the call of the ship or taking over cargoes when required.

 

 

3.     "Maritime cargo handling services" means activities exercised by stevedore companies, including terminal operators, but not including the direct activities of dockers, when this workforce is organized independently of the stevedoring or terminal operator companies.  The activities covered include the organization and supervision of:

 

-       the loading/discharging of cargo to/from a ship;

-       the lashing/unlashing of cargo;

-       the reception/delivery and safekeeping of cargoes before shipment or after discharge.

 

4.     "Container station and depot services" means activities consisting in storing containers, whether in port areas or inland, with a view to their stuffing/stripping, repairing and making them available for shipments.

 

 

 


 

REFERENCE PAPER

Scope

 

The following are definitions and principles on the regulatory framework for the basic telecommunications services. 

 

Definitions

 

Users mean service consumers and service suppliers.

 

Essential facilities mean facilities of a public telecommunications transport network or service that

 

(a)        are exclusively or predominantly provided by a single or limited number of suppliers;  and

 

(b)        cannot feasibly be economically or technically substituted in order to provide a service.

 

A major supplier is a supplier which has the ability to materially affect the terms of participation (having regard to price and supply) in the relevant market for basic telecommunications services as a result of:

 

        (a)    control over essential facilities;  or

 

        (b)    use of its position in the market.

 

 

1.     Competitive safeguards

 

1.1   Prevention of anti-competitive practices in telecommunications

 

        Appropriate measures shall be maintained for the purpose of preventing suppliers who, alone or together, are a major supplier from engaging in or continuing anti-competitive practices.

 

1.2   Safeguards

 

        The anti-competitive practices referred to above shall include in particular:

 

(a)        engaging in anti-competitive cross-subsidization; 

 

(b)        using information obtained from competitors with anti-competitive results;  and

 

(c)                not making available to other services suppliers on a timely basis technical information about essential facilities and commercially relevant information which are necessary for them to provide services.

 

2.     Interconnection

 

2.1   This section applies to linking with suppliers providing public telecommunications transport networks or services in order to allow the users of one supplier to communicate with users of another supplier and  to access services provided by another supplier, where specific commitments are undertaken.

 

2.2   Interconnection to be ensured

 

        Interconnection with a major supplier will be ensured at any technically feasible point in the network.  Such interconnection is provided.

 

(a)        under non-discriminatory terms, conditions (including technical standards and specifications) and rates and of a quality no less favourable than that provided for its own like services or for like services of non-affiliated service suppliers or for its subsidiaries or other affiliates;

 

(b)        in a timely fashion, on terms, conditions (including technical standards and specifications) and cost-oriented rates that are transparent, reasonable, having regard to economic feasibility, and sufficiently unbundled so that the supplier need not pay for network components or facilities that it does not require for the service to be provided;  and

 

(c)        upon request, at points in addition to the network termination points offered to the majority of users, subject to charges that reflect the cost of construction of necessary additional facilities.

 

 

2.3   Public availability of the procedures for interconnection negotiations

 

        The procedures applicable for interconnection to a major supplier will be made publicly available.

 

 

2.4       Transparency of interconnection arrangements

 

        It is ensured that a major supplier will make publicly available either its interconnection agreements or a reference interconnection offer.

 

 

2.5   Interconnection:  dispute settlement

 

        A service supplier requesting interconnection with a major supplier will have recourse, either:

 

        (a)    at any time or

 

        (b)    after a reasonable period of time which has been made publicly known

 

to an independent domestic body, which may be a regulatory body as referred to in paragraph 5 below, to resolve disputes regarding appropriate terms, conditions and rates for interconnection within a reasonable period of time, to the extent that these have not been established previously.

 

3.     Universal service

 

        Any Member has the right to define the kind of universal service obligation it wishes to maintain.  Such obligations will not be regarded as anti-competitive per se, provided they are administered in a transparent, non-discriminatory and competitively neutral manner and are not more burdensome than necessary for the kind of universal service defined by the Member.

 

4.     Public availability of licensing criteria

 

        Where a licence is required, the following will be made publicly available:

 

(a)        all the licensing criteria and the period of time normally required to reach a decision concerning an application for a licence  and

 

(b)        the terms and conditions of  individual licences.

 

        The reasons for the denial of a licence will be made known to the applicant upon request.

 

 

5.     Independent regulators

 

        The regulatory body is separate from, and not accountable to, any supplier of basic telecommunications services. The decisions of and the procedures used by regulators shall be impartial with respect to all market participants.

 

 

6.     Allocation and use of scarce resources

 

        Any procedures for the allocation and use of scarce resources, including frequencies, numbers and rights of way, will be carried out in an objective, timely, transparent and non-discriminatory manner. The current state of allocated frequency bands will be made publicly available, but detailed identification of frequencies allocated for specific government uses is not required.

 


Kazakhstan - List of Article II (MFN) Exemptions

 

Sector or sub-Sector

Description of measure indicating its inconsistency with Article II

Country or countries to which the measure applies

Intended duration

Conditions creating the need  for  the MFN exemption

All Sectors/ Investments

Measures based on existing and future agreements which are aimed at insuring mutual protection and investment promotion.

All countries, parties to existing and future respective agreements, which may be concluded.

Indefinite.

The measures are aimed at forming a legal framework for mutual protection and investment promotion.

All Sectors/
Entry and presence of natural  persons

Measures based on existing and future agreements are aimed at creation of preferential conditions for the movement of natural persons supplying services

Parties to the Partnership and Cooperation Agreement between the Republic of Kazakhstan and the European Communities and their Member states signed at 23 January 1995 with future supplements; CIS countries, all parties to existing and future respective agreements.

Indefinite.

Measures are aimed at progressive liberalization between the Republic of Kazakhstan and its regional trade partners.

2.  Communication services

Measures contained in existing and future agreements, concerning:

D.  Audiovisual services 

-    Production and distribution of television programmes and cinematographic works;

Measures based upon co production agreements of audiovisual works, which confer National Treatment to audiovisual works covered by such agreements.

All countries with whom cultural cooperation may be desirable

Indefinite.

The aim of these agreement is to promote cultural links between the countries concerned

-    Production and distribution of television programmes and cinematographic works;

Measures granting the benefit of support programmes to audiovisual works, and suppliers of such works meeting origin criteria.

All countries with whom cultural cooperation may be desirable

Indefinite.

These programmes aim at preserving and promoting the cultural identity of countries with which Kazakhstan has a long-standing cultural links

-    Production and distribution of audiovisual works through broadcasting or other forms of transmission to the public

Measures which extend National Treatment to audiovisual works which meet certain origin criteria regarding access to broadcasting transmission.

All countries with whom cultural cooperation may be desirable

Indefinite.

These measures aim, within the sector, to promote cultural values both within Kazakhstan, and with other countries, including in the region and also at promoting Kazakhstan cultural values and linguistic policy objectives toward the youth.

5.  Educational services

Measures with respect to opening and activity of branches.

Azerbaijan, Armenia, Belarus, Georgia, Kyrgyz Republic, Moldova, Russia, Tajikistan, Turkmenistan, Uzbekistan, Ukraine, all parties to existing and future respective agreements .

Indefinite.

These measures are aimed at preservation and development of relations in the field of education.

11.    Transport services 

A.  Maritime transport

 

 

Special regime of shipping in the Caspian sea.

 

Measures in relation to the establishment, activities and operations of shipping companies

Azerbaijan, Iran, Russia, Turkmenistan.

 

European Union Member States
All parties to existing and future respective agreements

Indefinite.

 

 

Indefinite.

Development of regional cooperation.

 

 

Articles 24, 25 and 32 of the Partnership and Cooperation agreement between the Republic of Kazakhstan and the European Union
Ensuring of obligations under international agreement.

B.  Inland waterways transport

a)  Passenger transportation

b)  Freight transportation

The measures, providing preferential regime for transportation of passengers and cargoes in pools of the rivers Irtysh and Ili.

All parties to existing and future respective agreements

Indefinite.

These measures are aimed at building conditions for transportation of passengers and cargoes based on reciprocity principles in pools of the internal rivers of Kazakhstan

С.  Air Transport Services Selling and marketing

Measures concerning establishment of companies and opening of representative offices, applied on the basis of reciprocity.

All parties to existing and future respective air transportation agreements.

Indefinite.

Implementation of the conditions for supply of air transport services established in the framework of the existing bilateral air transportation agreements.

E.  Rail Transport Services

a)  Passenger transportation

b)  Freight transportation

Measures maintained in the framework of the existing and future agreements regulating the rules of carriage, the terms of operation and transportation, supply of services in the territory of Kazakhstan and between the countries – parties to the agreements.

All parties to existing and future agreements.

Indefinite.

These measures are aimed at ensuring the integrity of railway transport as a single production and technological complex, regulation of carriage in the territory of the Kazakhstan and between the countries – parties of the agreements.

F.  Road transport (passenger and freight)

Provisions in existing or future agreements on international road transport (including combined transport - road/rail) and passenger transport, concluded between the Kazakhstan and other WTO Members and third countries, which:

 

-    reserve or limit the provision of a transport service between the contracting parties or across the territory of the contracting parties to vehicles registered in each contracting party.

-    provide tax exemption for those vehicles.

1)  The countries, with whom agreements on realization of the international road transport are concluded:

 

Pakistan, Finland, Azerbaijan, Turkmenistan, Bulgaria, Germany, Latvia, Uzbekistan, Moldova, Turkey, China, Ukraine, Iran, Lithuania, Mongolia, Hungary, Poland, Tajikistan, Georgia, France, Estonia, Netherlands, Spain, and Czech Republic. 

 

2)  The countries, with whom agreements on realization of the international road transport will be concluded:

 

Norway, FYROM, Denmark, Luxemburg, Croatia, UAE, Austria, Armenia, Romania, Belgium, United Kingdom, Slovenia, Bosnia and Herzegovina, Portugal and others.

Indefinite.

The need for exemption is linked to the regional characteristics of the cross-border provision of road transport services as well as with the necessity to protect integrity of road transport infrastructure and environment.

 

 

__________



[1] Some forms of state support may be limited to small and medium size enterprises (SMEs).

[2] Qualified employees mean executives, managers and specialists as those terms are defined for the purposes of entry and temporary stay of intra-corporate transferees in this schedule.

[3] Work permit is issued only after search of appropriate candidates in the database of the competent authority and publication of vacancy announcement in mass – media is completed.  These procedures shall take no longer than one month.  Permission for intra-corporate transferee shall be granted after these procedures have been completed unless the company has identified a local candidate who meets its needs.

[4] All other requirements, laws and regulations regarding entry, stay and work shall continue to apply.

 

[5] The three-year period might be extended for a period not exceeding one year subject to ENT identified above. 

[6] The following information is provided for transparency purposes only:  This contract for auditing services must contain provisions pertaining to confidentiality and requirements for membership in a professional organization, in addition to provisions normally required for a valid contract by the legislation of the Republic of Kazakhstan.

[7] The following information is provided for transparency purposes only: 1.  At least three auditors employed by auditing institution must have a certificate of qualification as an auditor from the Qualification Commission of Kazakhstan. 2. In order to be established in the Republic of Kazakhstan as a juridical person, a foreign auditing company must possess membership  in a member organization of the International Federation of Accountants or be registered by the competent authority of the jurisdiction of residence.

[8] The following information is provided for transparency purposes only:  Accounting company must be a member of a member organization of the International Federation of Accountants.  Accountants – must be certified by a member organization of the International Federation of Accountants or authorized by the competent authority of the jurisdiction of residence.

[9] For both domestic and foreign service suppliers, authorisation from local authorities is required, which is issued based on the criteria related to urban planning and protection of historical and natural sites.

 

[10] The term "handling" includes clearance, sorting, transport and delivery.

[11] Express delivery services, in addition to significantly greater tariffs for delivery of written correspondence (i.e. letters, post cards)/ as well as high speed and greater reliability of delivery, may include other value added elements such as collection from point of origin, personal delivery to addressee, tracing and tracking, possibility of changing the destination and addressee in transit, confirmation of receipt.  Significantly greater tariffs for delivery of written correspondence are tariffs, which are more than 5 times higher comparing with the basic public tariff of national postal operator for a delivery of written correspondence in the first weight of the fastest standard category.

[12] Broadcasting of television and/or radio programmers is defined as the uninterrupted transmission of signals required for the distribution of TV programmer signals to the general public, but does not cover contribution links between operators.

[13] For the purposes of transparency: this code includes CPC 5115 ("Site preparation work for mining").

[14] For purposes of this schedule of specific commitments pharmaceuticals, para-pharmaceuticals and medical goods do not include: vitamins, minerals, or other biologically active substances which are intended to support the healthy function of the human body and not intended to cure or treat a disease; cosmetics; common consumer products for which medical expertise is not required, such as cotton swabs; and other hygiene and cleaning products.

[15] For retailing services, authorization of local authorities on a national treatment basis is required.  Main criteria: population density, geographic spread, urban planning and protection of historical sites and natural parks.

[16] Commitments in this sector (part of CPC 8929*) shall not prejudice the measures described in the present Schedule of specific commitments in other services sectors.

[17] As defined in the Courier services sector of this Schedule.