- Oct 3, 2018
- 2,962
"I believe I can convince Rosoboronexport to allow Polish designated corporations to build the equipment, however, the profit premium would need to be paid. It'll help smooth over the Rosoboronexport Executives. Kuzmina said with a smile. "However everything else you said is accurate. The only thing which I must stress is as part of this partnership Poland will be required to end any research ties with Sweden, Britain, Thailand, and the United States that may compromise the advanced systems which we agree to sell. I'm not talking about the Urals but the Delta-Class Submarines are on active patrols and if they are comprised a key component of our defense strategy will be under potential threat. In addition, we'd prefer if Poland stuck to exercises with Russia in the future for these advanced weapons to avoid their capabilities ending in the hands of these parties." Valerya paused as she found the right words to use.
"I hope this does not come off as controlling. However, I do hope to see Poland and Russia acting as a shield for Eastern Europe. With stability returning to Ukraine, there is strong potential to turn our ideas into fruition. However, I have no doubt that London and Stockholm will seek to thwart that. I hope that you can see our concern and also our desire to prevent these parties from getting access to our advanced equipment." Kuzmina concluded turning back to Thailand.
"As for Thailand...they've long been permitted to act as a rogue state. A rogue state which Russia will keep in check. My Government will not permit them to gain a foothold in Eastern Europe. If Force is necessary." Kuzmina said hoping the point had gotten across to the Poles of Russia's seriousness to keep Thailand out of the region. "I hope Poland will also be a partner in this regard to assist us in keeping Thailand out of our region." The Russians would hand the Thais a file noting Russo-Polish trade agreement.
"While our security services go through the data you've provided along, I'd like to discuss this potential trade agreement my Government wishes to sign with Poland."
TRADE AGREEMENT
Russian Federation
Council of Ministers
(DATE)
on the signing, of the Trade Agreement between the Russian Federation, of the one part, and the Kingdom of Poland, of the other part
Having regard to the Trade Agreement between the parties as compliant with the requirements of the Government. Including a review by the Ministry of Government Legislation, deliberation by the State Council, and the International Legal Affairs Bureau, and a formal presentation of the agreement to the national assembly.
Article 1
The signing of the Trade Agreement between Russia and Poland is hereby approved by the State Duma of Russia subject to the conclusion of the said Agreement.
Article 2
Russia is hereby authorized to designate the person(s) empowered to sign the Agreement on behalf of Russia subject to its conclusion.
Article 3
The State Duma shall conduct its due diligence and fact-finding missions pertaining to the terms of the agreement ahead of the effective date of the trade agreement and the entry into force of the protocols on the resolution
Article 4
This Decision shall enter into force on the day of its adoption.
Done at Moscow, DATE.
For the State Duma Chairman Dmitriy Andreevich.
RECOGNIZING the need for trade relations as a means of developing longstanding and strong partnerships based on common principles and values of an open market and fair trade;
DESIRING to further develop a close economic relationship as part of and in a manner coherent with their overall relations, and convinced that this Agreement will create a new climate for the development of trade and investment between the Parties;
CONVINCED that this Agreement will create an expanded and secure market for goods and services and a stable and predictable environment for investment, thus enhancing the competitiveness of their firms in global markets;
REAFFIRMING their commitment to the Charter of the United Nations and the principles of cooperation and development;
REAFFIRMING their commitment to sustainable development and convinced of the contribution of international trade to sustainable development in its economic, social, and environmental dimensions, including economic development, poverty reduction, full and productive employment, and decent work for all as well as the protection and preservation of the environment and natural resources;
RECOGNIZING the right of the Parties to take measures necessary to achieve legitimate public policy objectives on the basis of the level of protection that they deem appropriate, provided that such measures do not constitute a means of unjustifiable discrimination or a disguised restriction on international trade, as reflected in this Agreement;
RESOLVED to promote transparency as regards all relevant interested parties, including the private sector and civil society organizations;
DESIRING to raise living standards, promote economic growth and stability, create new employment opportunities, and improve the general welfare through expanding mutual trade and investment;
SEEKING to establish clear and mutually advantageous rules governing their trade and investment and to reduce or eliminate the barriers to mutual trade and investment;
RESOLVED to contribute to the harmonious development and expansion of world trade by removing obstacles to trade through this Agreement and to avoid creating new barriers to trade or investment between their territories that could reduce the benefits of this Agreement;
DESIRING to strengthen the development and enforcement of labor and environmental laws and policies, promote basic workers’ rights and sustainable development and implement this Agreement in a manner consistent with these objectives; and
HAVE AGREED AS FOLLOWS:
CHAPTER ONE
OBJECTIVES AND GENERAL DEFINITIONS
Article 1.1
Objectives
1. The Parties hereby establish a free trade area on goods, services, establishment, and associated rules in accordance with this Agreement.
2. The objectives of this Agreement Are:
General definitions
Throughout this Agreement, references to:
The Parties mean, on the one hand, the Russian Federation (hereinafter referred to as Russia), and on the other hand, Poland;
The Agreement means the Trade Agreement for Trade and Cooperation between Russia and Poland
CHAPTER TWO
NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS
SECTION A
Common provisions
Article 2.1
Objective
The Parties shall progressively and reciprocally lower barriers in trade over specified goods over a transitional period starting from the entry into force of this Agreement, in accordance with this Agreement
Article 2.2
Scope and Coverage
This chapter shall apply specifically to trade in goods between the Parties as follows.
Customs duty
For the purposes of this Chapter, a customs duty includes any duty or charge of any kind imposed on, or in connection with, the importation of a good, including any form of surtax or surcharge imposed on, or in connection with, such importation. It Shall and not include any:
(a) charge equivalent to an internal tax imposed in respect of the like domestic good or in respect of an article from which the imported good has been manufactured or produced in whole or in part;
(b) duty imposed pursuant to a Party’s law consistently with Chapter Three (Trade Remedies);
(c) fee or other charge imposed pursuant to a Party’s law consistently with Article 2.10;
Article 2.4
Classification of goods
The classification of goods in trade between the Parties shall be that set out in each Party’s respective tariff nomenclature interpreted in conformity with the Harmonized System of the International Convention on the Harmonized Commodity Description and Coding System
Elimination of customs duties
Article 2.5
Elimination of customs duties
1. Except As otherwise provided by the Agreement, each Party shall eliminate its customs duties on originating goods of the other Party in accordance with section A article 2.2.
2. As agreed upon by the two parties, Section A, Article 2.2, sub-article d, a quota rate appropriately determined by the Russian Trade Authority shall be applied. The quota base shall be equivalent to the rate of lowest tariffs applied to most-favored-nation. That duty rate shall apply as regards trade covered by this Agreement if and for as long as the two parties maintain a quota basis for conducting trade under sub-article d of Section A.
3. Five years after the entry into force of this Agreement, on the request of either Party, the Parties shall consult to consider accelerating and broadening the scope of the elimination of customs duties on imports between them and expand Section A, Article 2.2. Scope and Coverage. Following such consultations, on the acceleration or broadening of the scope of the elimination of a customs duty on a good shall supersede any duty rate or staging category determined.
Article 2.6
Standstill
Except as otherwise provided in this Agreement, neither Party may increase any existing customs duty, or adopt any new customs duty, on an originating good of the other Party. This shall not preclude either Party from raising a customs duty to the minimum level agreed upon by this agreement following a unilateral reduction.
Article 2.7
Administration and implementation of tariff-rate quotas
1. Each Party shall ensure that:
3. Each Party shall make every effort to administer its TRQs in a manner that allows importers to fully utilize TRQ quantities
4. Neither Party may condition application for, or utilization of, TRQ allocations on the re-export of a good.
SECTION C
Non-tariff measures
Article 2.8
National treatment
Each Party shall accord national treatment to goods of the other Party.
Article 2.9
Import and export restrictions
Neither Party may adopt or maintain any prohibition or restriction other than duties, taxes, or other charges on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party/
Article 2.10
Fees and other charges on imports
Each Party shall ensure that all fees and charges of whatever character (other than customs duties and the items that are excluded from the definition of a customs duty under Article 2.3(a), (b) and (d)) imposed on, or in connection with, importation are limited in amount to the approximate cost of services rendered, are not calculated on an ad valorem basis, and do not represent an indirect protection to domestic goods or taxation of imports for fiscal purposes.
Article 2.11
Duties, taxes, or other fees and charges on exports
Neither Party may maintain or institute any duties, taxes, or other fees and charges imposed on, or in connection with, the exportation of goods to the other Party, or any internal taxes, fees and charges on goods exported to the other Party that are in excess of those imposed on like goods destined for internal sale.
SECTION D
Specific exceptions related to goods
Article 2.12
General exceptions
1. The Parties affirm that their existing rights and obligations under the Charter of the Global Assembly and organ agencies decisions, which are incorporated into and made part of this Agreement, shall not be considered a renegation on the terms of this agreement should a party be subject to export/import restrictions.
2. Where exceptional and critical circumstances requiring immediate action make prior information or examination impossible, the Party intending to take the measures may apply forthwith the precautionary measures necessary to deal with the situation and shall inform the other Party immediately thereof.
SECTION F
AEROSPACE INDUSTRY AND PARTS
Article 1
General Provisions
Recognizing the importance of aerospace products and parts for growth, employment, and trade for both Parties, the Parties confirm their shared objectives and principles, for these products:
Regulatory convergence
1. The Parties recognize that the global standards on Harmonization of Aerospace Regulations (hereinafter referred to as the ‘AER.29’), is the relevant international standard-setting body for the products covered by this Annex.
Article 3
Market access
Poland shall allow on its market the products originating or assembled by companies registered in Russia, in accordance with this Agreement:
(ii) Poland shall accept any product that complies with the requirements listed in Article 2.5 as complying with the corresponding provisions of the applicable Poland technical regulations (1);
Russia shall allow on its market the products originating or assembled by companies registered in Poland, in accordance with this Agreement:
(ii) Russia shall accept any product that complies with the requirements listed in Article 2.5 as complying with the corresponding provisions of the applicable Russian technical regulations (1);
CHAPTER THREE
TRADE REMEDIES
SECTION A
Bilateral safeguard measures
Article 3.1
Application of a bilateral safeguard measure
1. If, as a result of the reduction or elimination of customs duty under this Agreement, originating goods of a Party are being imported into the territory of the other Party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to cause or threaten to cause serious injury to a domestic industry producing like or directly competitive goods, the importing Party may adopt measures to safeguard the respective industry/good.
2. The importing Party may take a bilateral safeguard measure which:
(a) suspends further reduction of the rate of customs duty on the good concerned provided for under this Agreement; or
(b) increases the rate of customs duty on the good to a level which does not exceed the lesser of:
Conditions and limitations
1. A Party shall notify the other Party in writing of the initiation of an investigation and consult with the other Party as far in advance of applying a bilateral safeguard measure as practicable, with a view to reviewing the information arising from the investigation and exchanging views on the measure.
2. A Party shall apply bilateral safeguard measures only following an investigation by its competent authorities.
3. Each Party shall ensure that its competent authorities complete any such investigation within one year of its date of initiation.
4. Neither party may apply a bilateral safeguard measure:
Provisional measures
In critical circumstances where delay would cause damage that would be difficult to repair, a Party may apply a bilateral safeguard measure on a provisional basis pursuant to a preliminary determination that there is clear evidence that imports of an originating good from the other Party have increased as the result of the reduction or elimination of a customs duty under this Agreement, and such imports cause serious injury, or threat thereof, to the domestic industry. The duration of any provisional measure shall not exceed 200 days. The Party shall promptly refund any tariff increases if the investigation does not result in a finding that the requirements of Article 3.1 are met.
Article 3.4
Compensation
1. A Party applying a bilateral safeguard measure shall consult with the other Party in order to mutually agree on appropriate trade liberalizing compensation in the form of concessions having substantially equivalent trade effects or equivalent to the value of the additional duties expected to result from the safeguard measure. The Party shall provide an opportunity for such consultations no later than 30 days after the application of the bilateral safeguard measure.
2. If the consultations do not result in an agreement within 90 days after the consultations begin, the Party whose goods are subject to the safeguard measure may suspend the application of substantially equivalent concessions to the Party applying the safeguard measure.
3. The right of suspension referred to in the Paragraph shall not be exercised for the first 24 months during which a bilateral safeguard measure is in effect, provided that the safeguard measure conforms to the provisions of this Agreement.
SECTION D
Anti-dumping and countervailing duties
Article 3.5
General Provisions
1. The Parties agree that anti-dumping and countervailing duties should be used in full compliance with the relevant international requirements and should be based on a fair and transparent system as regards proceedings affecting goods originating in the other Party. For this purpose, the Parties shall ensure, immediately after any imposition of provisional measures and in any case before the final determination, full and meaningful disclosure of all essential facts and considerations which form the basis for the decision to apply measures without prejudice. Disclosures shall be made in writing, and allow interested parties sufficient time to make their comments.
2. In order to ensure the maximum efficiency in handling anti-dumping or countervailing duty investigations, and in particular considering the adequate right of defense, the use of English shall be accepted by the Parties for documents filed in anti-dumping or countervailing duty investigations. Nothing in this paragraph shall prevent Russia or Poland from requesting a clarification written in Arabic or Polandian Portuguese if:
(a) the meaning of the documents filed is not deemed reasonably clear by the Parties’ investigating authorities for the purposes of the anti-dumping or countervailing duty investigation; and
(b) the request is strictly limited to the part which is not reasonably clear for the purposes of the anti-dumping or countervailing duty investigation.
3. Provided that it does not unnecessarily delay the conduct of the investigation, interested parties shall be granted the opportunity to be heard in order to express their views during the anti-dumping or countervailing duty investigations.
Article 3.6
Notification
1. After receipt by a Party’s competent authorities of a properly documented anti-dumping application with respect to imports from the other Party, and no later than 15 days before initiating an investigation, the Party shall provide written notification to the other Party of its receipt of the application.
2. After receipt by a Party’s competent authorities of a properly documented countervailing duty application with respect to imports from the other Party, and before initiating an investigation, the Party shall provide written notification to the other Party of its receipt of the application and afford the other Party a meeting to consult with its competent authorities regarding the application.
Article 3.7
Consideration of public interests
The Parties shall endeavor to consider the public interests before imposing an anti-dumping or countervailing duty.
Article 3.8
Lesser duty rule
Should a Party decide to impose an anti-dumping or countervailing duty, the amount of such duty shall not exceed the margin of dumping or countervailable subsidies, and it should be less than the margin if such lesser duty would be adequate to remove the injury to the domestic industry.
Article 3.9
Dispute settlement
Neither Party may have recourse to dispute settlement for any matter arising under this Section.
CHAPTER FOUR
TECHNICAL BARRIERS TO TRADE
Article 4.1
Affirmation of the principles of technical Barriers to Trade
The Parties affirm their existing rights and obligations with respect to each other under the principles on reducing technical barriers to trade which are incorporated into and made part of this Agreement.
Article 4.2
Marking and labeling
1. The Parties note that a technical regulation may include or deal exclusively with marking or labeling requirements, and agree that where their technical regulations contain mandatory marking or labeling, they will observe that technical regulations should not be prepared with a view to, or with the effect of, creating unnecessary obstacles to international trade, and should not be more trade restrictive than necessary to fulfill a legitimate objective.
2. In Particular, the parties agree that were Party requires mandatory marking or labeling of products:
(a) the Party shall endeavor to minimize its requirements for marking or labeling other than marking or labeling relevant to consumers or users of the product. Where labeling for other purposes, for example, for fiscal purposes is required, such a requirement shall be formulated in a manner that is not more trade restrictive than necessary to fulfill a legitimate objective;
(b) the Party may specify the form of labels or markings, but shall not require any prior approval, registration or certification in this regard. This provision is without prejudice to the right of the Party to require prior approval of the specific information to be provided on the label or marking in the light of the relevant domestic regulation;
(c) where the Party requires the use of a unique identification number by economic operators, the Party shall issue such number to the economic operators of the other Party without undue delay and on a non-discriminatory basis;
(d) the Party shall remain free to require that the information on the marks or labels be in a specified language. The simultaneous use of other languages shall not be prohibited, provided that, either the information provided in the other languages shall be identical to that provided in the specified language, or that the information provided in the additional language shall not constitute a deceptive statement regarding the product; and
Article 4.3
Market access
1. With respect to market access through the Cross-border supply of services, each Party shall accord to services and service suppliers of the other Party treatment no less favorable than that provided for under the terms, limitations and conditions agreed and specified in the specific commitments made by the Parties.
2. In sectors where market access commitments are undertaken, the measures which a Party shall not adopt or maintain either on the basis of a regional subdivision or on the basis of its entire territory,are defined as:
Article 5.1
Rules of interpretation
Any arbitration panel shall interpret the provisions referred to in Article 14.2 in accordance with customary rules of interpretation of public international law, including those codified in the Vienna Convention on the Law of Treaties. Where an obligation under this Agreement is identical to an obligation under the WTO Agreement, the arbitration panel shall adopt an interpretation which is consistent with any relevant interpretation established in rulings of the WTO Dispute Settlement Body (hereinafter referred to as the ‘DSB’). The rulings of the arbitration panel cannot add to or diminish the rights and obligations provided for in the provisions referred to in Article 14.2.
Article 5.2
Arbitration panel decisions and rulings
1. The arbitration panel shall make every effort to take any decision by consensus. Where, nevertheless, a decision cannot be arrived at by consensus, the matter at issue shall be decided by majority vote. In no case shall dissenting opinions of arbitrators be published.
2. Anyrulingofthearbitrationpanelshall Binding The Parties and shall not create any rights or obligations for natural or legal persons. The ruling shall set out the findings of fact, the applicability of the relevant provisions of this Agreement, and the basic rationale behind any findings and conclusions that it makes. The Trade Committee shall make the arbitration panel rulings publicly available in its entirety unless it decides not to do so.
SECTION D
General Provisions
Article 5.3
List of arbitrators
1. The Trade Committee shall, no later than six months after the entry into force of this Agreement, establish a list of 15 individuals who are willing and able to serve as arbitrators. Each Party shall propose five individuals to serve as arbitrators. The Parties shall also select five individuals who are not nationals of either Party and shall act as a chairperson to the arbitration panel. The Trade Committee will ensure that the list is always maintained at this level.
Security exceptions
Nothing in this Agreement shall be construed:
Entry into force
1. ThisAgreementshallbeapprovedbythePartiesin accordance with their own procedures.
2. ThisAgreementshallenterintoforce60daysafterthe date the Parties exchange written notifications certifying that they have completed their respective applicable legal requirements and procedures or on such other date as the Parties may agree.
3. Notwithstanding Paragraphs 2 And 5, the parties shall apply the Protocol on Cultural Cooperation from the first day of the third month following the date when Russia has deposited its instrument of ratification of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions adopted in Paris on 20 October 2005 (hereinafter referred to as the ‘UNESCO Convention’) to the UNESCO Secretariat in Paris unless Russia has deposited its instrument of ratification of the UNESCO Convention before the exchange of notifications referred to in paragraphs 2 or 5.
4. NotificationsshallbesenttotheSecretary-Generalofthe Council of the European Union and to the Ministry of Foreign Affairs and Trade of Russia, or its successor.
2. Either Party immediately takes appropriate measures in accordance with international law in case of denunciation of this Agreement not sanctioned by the general rules of international law.
Article 5.5
Relation with other agreements
1. The present Agreement shall be an integral part of the overall bilateral relations.
2. The Parties agree that nothing in this Agreement requires them to act in a manner inconsistent with their obligations under the Global Assembly.
Article 5.6
Territorial application
1. This Agreement shall be provisionally applied from the first day of the month following the date on which Russia and Poland have notified each other of the completion of their respective relevant procedures.
2. In the event that certain provisions of this Agreement cannot be provisionally applied, the Party which cannot undertake such a provisional application shall notify the other Party of the provisions which cannot be provisionally applied. Provided the other Party has completed the necessary procedures and does not object to the provisional application within 10 days of the notification that certain provisions cannot be provisionally applied, the provisions of this Agreement which have not been notified shall be provisionally applied on the first day of the month following the notification.
4. A Party may terminate a provisional application by written notice to the other Party. Such termination shall take effect on the first day of the month following notification.
5. Where this Agreement, or certain provisions thereof, is provisionally applied, the term ‘entry into force of this Agreement’ shall be understood to mean the date of provisional application.
Article 5.7
Duration
1. This Agreement shall be valid Indefinitely.
2. Either Party may notify in writing the other Party of its intention to denounce this Agreement.
3. The denunciation will take effect nine months after the notification.
Article 5.8
Fulfillment of obligations
1. The Parties shall take any general or specific measures required to fulfill their obligations under this Agreement. They shall see to it that the objectives set out in this Agreement are attained.
2. The Agreement shall apply to the territories in which are recognized as part of Poland by the United Nations, on the one hand, and to the territories of Russia which are recognized by the United Nations on the other hand.
3. These provisions concerning the tariff treatment of goods, this Agreement shall also apply to those areas of the respective parties' customs territory.
Article 5.8
Authentic texts
This Agreement is drawn up in duplicate in the Russian and Poland languages being equally authentic.
ManBear
"I hope this does not come off as controlling. However, I do hope to see Poland and Russia acting as a shield for Eastern Europe. With stability returning to Ukraine, there is strong potential to turn our ideas into fruition. However, I have no doubt that London and Stockholm will seek to thwart that. I hope that you can see our concern and also our desire to prevent these parties from getting access to our advanced equipment." Kuzmina concluded turning back to Thailand.
"As for Thailand...they've long been permitted to act as a rogue state. A rogue state which Russia will keep in check. My Government will not permit them to gain a foothold in Eastern Europe. If Force is necessary." Kuzmina said hoping the point had gotten across to the Poles of Russia's seriousness to keep Thailand out of the region. "I hope Poland will also be a partner in this regard to assist us in keeping Thailand out of our region." The Russians would hand the Thais a file noting Russo-Polish trade agreement.
"While our security services go through the data you've provided along, I'd like to discuss this potential trade agreement my Government wishes to sign with Poland."
TRADE AGREEMENT
Russian Federation
Council of Ministers
(DATE)
on the signing, of the Trade Agreement between the Russian Federation, of the one part, and the Kingdom of Poland, of the other part
Having regard to the Trade Agreement between the parties as compliant with the requirements of the Government. Including a review by the Ministry of Government Legislation, deliberation by the State Council, and the International Legal Affairs Bureau, and a formal presentation of the agreement to the national assembly.
- (1) On February 13, 2003 the Council of Ministers authorized Her Excellency Prime Minister Kuzmina to negotiate a trade agreement with the Kingdom of Poland, hereinafter referred to as Poland, on behalf of the Russian Federation, hereinafter referred to as Russia.
- (2) Those negotiations have been concluded and a Trade Agreement between Russia, of the one part, and Poland, of the other part, hereinafter referred to as ‘the Agreement’, was initiated on December 31, 2004.
- (3) It is appropriate to set out the relevant procedures for the protection of geographical indications which are given protection pursuant to the Agreement.
- (4) The parties should activate the procedures relating to limitations on duty drawback, safeguard, and dispute settlement whenever the conditions established in the relevant provisions of the Agreement are met. The rights of Russia provided for in Article 14 (Drawback of, or exemption from, customs duties) of the Protocol concerning the definition of ‘originating products’ and methods of administrative cooperation of the Agreement should be exercised in accordance with the relevant provisions to be contained in the regulation, as agreed upon by the parties, implementing the bilateral safeguard clause of the Russian-Poland Trade Agreement.
- (5) The provisional application foreseen in this decision does not prejudge the allocation of competences between Russia and Poland in accordance with the Treaties,
Article 1
The signing of the Trade Agreement between Russia and Poland is hereby approved by the State Duma of Russia subject to the conclusion of the said Agreement.
Article 2
Russia is hereby authorized to designate the person(s) empowered to sign the Agreement on behalf of Russia subject to its conclusion.
Article 3
The State Duma shall conduct its due diligence and fact-finding missions pertaining to the terms of the agreement ahead of the effective date of the trade agreement and the entry into force of the protocols on the resolution
Article 4
This Decision shall enter into force on the day of its adoption.
Done at Moscow, DATE.
For the State Duma Chairman Dmitriy Andreevich.
RECOGNIZING the need for trade relations as a means of developing longstanding and strong partnerships based on common principles and values of an open market and fair trade;
DESIRING to further develop a close economic relationship as part of and in a manner coherent with their overall relations, and convinced that this Agreement will create a new climate for the development of trade and investment between the Parties;
CONVINCED that this Agreement will create an expanded and secure market for goods and services and a stable and predictable environment for investment, thus enhancing the competitiveness of their firms in global markets;
REAFFIRMING their commitment to the Charter of the United Nations and the principles of cooperation and development;
REAFFIRMING their commitment to sustainable development and convinced of the contribution of international trade to sustainable development in its economic, social, and environmental dimensions, including economic development, poverty reduction, full and productive employment, and decent work for all as well as the protection and preservation of the environment and natural resources;
RECOGNIZING the right of the Parties to take measures necessary to achieve legitimate public policy objectives on the basis of the level of protection that they deem appropriate, provided that such measures do not constitute a means of unjustifiable discrimination or a disguised restriction on international trade, as reflected in this Agreement;
RESOLVED to promote transparency as regards all relevant interested parties, including the private sector and civil society organizations;
DESIRING to raise living standards, promote economic growth and stability, create new employment opportunities, and improve the general welfare through expanding mutual trade and investment;
SEEKING to establish clear and mutually advantageous rules governing their trade and investment and to reduce or eliminate the barriers to mutual trade and investment;
RESOLVED to contribute to the harmonious development and expansion of world trade by removing obstacles to trade through this Agreement and to avoid creating new barriers to trade or investment between their territories that could reduce the benefits of this Agreement;
DESIRING to strengthen the development and enforcement of labor and environmental laws and policies, promote basic workers’ rights and sustainable development and implement this Agreement in a manner consistent with these objectives; and
HAVE AGREED AS FOLLOWS:
CHAPTER ONE
OBJECTIVES AND GENERAL DEFINITIONS
Article 1.1
Objectives
1. The Parties hereby establish a free trade area on goods, services, establishment, and associated rules in accordance with this Agreement.
2. The objectives of this Agreement Are:
- (a) to reduce barriers and facilitate trade in goods and services between the Parties, in conformity with general practices of fair trade;
- (b) to promote trade in services and investment between the Parties;
- (c) to promote competition in their economies, particularly as it relates to economic relations between the Parties;
- (d) to adequately and effectively protect intellectual property rights;
- (e) to contribute, by removing barriers to trade and by developing an environment conducive to increased investment flows, to the harmonious development and expansion of world trade;
- (f) to commit, in the recognition that sustainable development is an overarching objective, to the development of international trade in such a way as to contribute to the objective of sustainable development and strive to ensure that this objective is integrated and reflected at every level of the Parties’ trade relationship; and
- (g) to promote foreign direct investment without lowering or reducing environmental, labor, or occupational health and safety standards in the application and enforcement of environmental and labor laws of the Parties.
General definitions
Throughout this Agreement, references to:
The Parties mean, on the one hand, the Russian Federation (hereinafter referred to as Russia), and on the other hand, Poland;
The Agreement means the Trade Agreement for Trade and Cooperation between Russia and Poland
CHAPTER TWO
NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS
SECTION A
Common provisions
Article 2.1
Objective
The Parties shall progressively and reciprocally lower barriers in trade over specified goods over a transitional period starting from the entry into force of this Agreement, in accordance with this Agreement
Article 2.2
Scope and Coverage
This chapter shall apply specifically to trade in goods between the Parties as follows.
- (a) Final products produced within Russia and/or assembled by companies registered in Russia covering the following products;
- Petroleum, Pharmaceuticals, and Electronics
- (b) Primary Goods produced by Russia and/or extracted and refined by companies registered in Russia covering the following products;
- Petroleum, Petrochemicals, Aluminium + Pharmaceuticals
- (c) Primary Goods and Energy Services provided by Poland and/or extracted and shipped by companies registered in Poland covering the following products;
- Rare earth, lumber, and lithium
- (d) Final goods and products produced within Poland contingent on production within Poland covering the following products;
- Agriculture, Footwear, and Clothing
Customs duty
For the purposes of this Chapter, a customs duty includes any duty or charge of any kind imposed on, or in connection with, the importation of a good, including any form of surtax or surcharge imposed on, or in connection with, such importation. It Shall and not include any:
(a) charge equivalent to an internal tax imposed in respect of the like domestic good or in respect of an article from which the imported good has been manufactured or produced in whole or in part;
(b) duty imposed pursuant to a Party’s law consistently with Chapter Three (Trade Remedies);
(c) fee or other charge imposed pursuant to a Party’s law consistently with Article 2.10;
Article 2.4
Classification of goods
The classification of goods in trade between the Parties shall be that set out in each Party’s respective tariff nomenclature interpreted in conformity with the Harmonized System of the International Convention on the Harmonized Commodity Description and Coding System
Elimination of customs duties
Article 2.5
Elimination of customs duties
1. Except As otherwise provided by the Agreement, each Party shall eliminate its customs duties on originating goods of the other Party in accordance with section A article 2.2.
2. As agreed upon by the two parties, Section A, Article 2.2, sub-article d, a quota rate appropriately determined by the Russian Trade Authority shall be applied. The quota base shall be equivalent to the rate of lowest tariffs applied to most-favored-nation. That duty rate shall apply as regards trade covered by this Agreement if and for as long as the two parties maintain a quota basis for conducting trade under sub-article d of Section A.
3. Five years after the entry into force of this Agreement, on the request of either Party, the Parties shall consult to consider accelerating and broadening the scope of the elimination of customs duties on imports between them and expand Section A, Article 2.2. Scope and Coverage. Following such consultations, on the acceleration or broadening of the scope of the elimination of a customs duty on a good shall supersede any duty rate or staging category determined.
Article 2.6
Standstill
Except as otherwise provided in this Agreement, neither Party may increase any existing customs duty, or adopt any new customs duty, on an originating good of the other Party. This shall not preclude either Party from raising a customs duty to the minimum level agreed upon by this agreement following a unilateral reduction.
Article 2.7
Administration and implementation of tariff-rate quotas
1. Each Party shall ensure that:
- (a) its procedures for administering its tariff-rate quotas (herein referred to as TRQs) are transparent, made available to the public, timely, non-discriminatory, responsive to market conditions, minimally burdensome to trade, and reflect end-user preferences;
- (b) any person of a Party that fulfills the importing Party’s legal and administrative requirements shall be eligible to apply and to be considered for a TRQ allocation by the Party. Unless the Parties otherwise agree by decision of the Committee on Trade in Goods, any processor, retailer, restaurant, hotel, food service distributor or institution, or any other person is eligible to apply for, and to be considered to receive, a TRQ allocation. Any fees charged for services related to an application for a TRQ allocation shall be limited to the actual cost of the services rendered;
- (c) except as specified in Article 2.5 Clause 3, it does not allocate any portion of a TRQ to a producer group, condition access to a TRQ allocation on the purchase of domestic production, or limit access to a TRQ allocation to processors; and it allocates TRQs in commercially viable shipping quantities and, to the maximum extent possible, in the amounts that importers request.
- (d) each TRQ allocation shall be valid for any item or mixture of items subject to a particular TRQ, regardless of the item’s or mixture’s specification or grade, and shall not be conditioned on the item’s or mixture’s intended end-use or package size.
3. Each Party shall make every effort to administer its TRQs in a manner that allows importers to fully utilize TRQ quantities
4. Neither Party may condition application for, or utilization of, TRQ allocations on the re-export of a good.
SECTION C
Non-tariff measures
Article 2.8
National treatment
Each Party shall accord national treatment to goods of the other Party.
Article 2.9
Import and export restrictions
Neither Party may adopt or maintain any prohibition or restriction other than duties, taxes, or other charges on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party/
Article 2.10
Fees and other charges on imports
Each Party shall ensure that all fees and charges of whatever character (other than customs duties and the items that are excluded from the definition of a customs duty under Article 2.3(a), (b) and (d)) imposed on, or in connection with, importation are limited in amount to the approximate cost of services rendered, are not calculated on an ad valorem basis, and do not represent an indirect protection to domestic goods or taxation of imports for fiscal purposes.
Article 2.11
Duties, taxes, or other fees and charges on exports
Neither Party may maintain or institute any duties, taxes, or other fees and charges imposed on, or in connection with, the exportation of goods to the other Party, or any internal taxes, fees and charges on goods exported to the other Party that are in excess of those imposed on like goods destined for internal sale.
SECTION D
Specific exceptions related to goods
Article 2.12
General exceptions
1. The Parties affirm that their existing rights and obligations under the Charter of the Global Assembly and organ agencies decisions, which are incorporated into and made part of this Agreement, shall not be considered a renegation on the terms of this agreement should a party be subject to export/import restrictions.
2. Where exceptional and critical circumstances requiring immediate action make prior information or examination impossible, the Party intending to take the measures may apply forthwith the precautionary measures necessary to deal with the situation and shall inform the other Party immediately thereof.
SECTION F
AEROSPACE INDUSTRY AND PARTS
Article 1
General Provisions
Recognizing the importance of aerospace products and parts for growth, employment, and trade for both Parties, the Parties confirm their shared objectives and principles, for these products:
- (a) ensuring full market access by elimination of tariffs and non-tariff obstacles to bilateral trade pursuant to this Agreement by Poland;
- (b) promoting the compatibility of regulations based on international standards;
- (c) establishing competitive market conditions based on principles of openness, non-discrimination, and transparency;
- (d) securing the protection of human health, safety, and environment; and
- (e) enhancing cooperation to foster continued mutually beneficial development in trade.
Regulatory convergence
1. The Parties recognize that the global standards on Harmonization of Aerospace Regulations (hereinafter referred to as the ‘AER.29’), is the relevant international standard-setting body for the products covered by this Annex.
Article 3
Market access
Poland shall allow on its market the products originating or assembled by companies registered in Russia, in accordance with this Agreement:
(ii) Poland shall accept any product that complies with the requirements listed in Article 2.5 as complying with the corresponding provisions of the applicable Poland technical regulations (1);
Russia shall allow on its market the products originating or assembled by companies registered in Poland, in accordance with this Agreement:
(ii) Russia shall accept any product that complies with the requirements listed in Article 2.5 as complying with the corresponding provisions of the applicable Russian technical regulations (1);
CHAPTER THREE
TRADE REMEDIES
SECTION A
Bilateral safeguard measures
Article 3.1
Application of a bilateral safeguard measure
1. If, as a result of the reduction or elimination of customs duty under this Agreement, originating goods of a Party are being imported into the territory of the other Party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to cause or threaten to cause serious injury to a domestic industry producing like or directly competitive goods, the importing Party may adopt measures to safeguard the respective industry/good.
2. The importing Party may take a bilateral safeguard measure which:
(a) suspends further reduction of the rate of customs duty on the good concerned provided for under this Agreement; or
(b) increases the rate of customs duty on the good to a level which does not exceed the lesser of:
- (i) the MFN applied rate of customs duty on the good in effect at the time the measure is taken;
Conditions and limitations
1. A Party shall notify the other Party in writing of the initiation of an investigation and consult with the other Party as far in advance of applying a bilateral safeguard measure as practicable, with a view to reviewing the information arising from the investigation and exchanging views on the measure.
2. A Party shall apply bilateral safeguard measures only following an investigation by its competent authorities.
3. Each Party shall ensure that its competent authorities complete any such investigation within one year of its date of initiation.
4. Neither party may apply a bilateral safeguard measure:
- (a) except to the extent, and for such time, as may be necessary to prevent or remedy serious injury and to facilitate adjustment;
- (b) for a period exceeding two years, except that the period may be extended by up to two years if the competent authorities of the importing Party determine, in conformity with the procedures specified in this Article, that the measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the industry is adjusting, provided that the total period of application of a safeguard measure, including the period of initial application and any extension thereof, shall not exceed four years; or
- (c) beyond the expiration of the transition period, except with the consent of the other Party.
Provisional measures
In critical circumstances where delay would cause damage that would be difficult to repair, a Party may apply a bilateral safeguard measure on a provisional basis pursuant to a preliminary determination that there is clear evidence that imports of an originating good from the other Party have increased as the result of the reduction or elimination of a customs duty under this Agreement, and such imports cause serious injury, or threat thereof, to the domestic industry. The duration of any provisional measure shall not exceed 200 days. The Party shall promptly refund any tariff increases if the investigation does not result in a finding that the requirements of Article 3.1 are met.
Article 3.4
Compensation
1. A Party applying a bilateral safeguard measure shall consult with the other Party in order to mutually agree on appropriate trade liberalizing compensation in the form of concessions having substantially equivalent trade effects or equivalent to the value of the additional duties expected to result from the safeguard measure. The Party shall provide an opportunity for such consultations no later than 30 days after the application of the bilateral safeguard measure.
2. If the consultations do not result in an agreement within 90 days after the consultations begin, the Party whose goods are subject to the safeguard measure may suspend the application of substantially equivalent concessions to the Party applying the safeguard measure.
3. The right of suspension referred to in the Paragraph shall not be exercised for the first 24 months during which a bilateral safeguard measure is in effect, provided that the safeguard measure conforms to the provisions of this Agreement.
SECTION D
Anti-dumping and countervailing duties
Article 3.5
General Provisions
1. The Parties agree that anti-dumping and countervailing duties should be used in full compliance with the relevant international requirements and should be based on a fair and transparent system as regards proceedings affecting goods originating in the other Party. For this purpose, the Parties shall ensure, immediately after any imposition of provisional measures and in any case before the final determination, full and meaningful disclosure of all essential facts and considerations which form the basis for the decision to apply measures without prejudice. Disclosures shall be made in writing, and allow interested parties sufficient time to make their comments.
2. In order to ensure the maximum efficiency in handling anti-dumping or countervailing duty investigations, and in particular considering the adequate right of defense, the use of English shall be accepted by the Parties for documents filed in anti-dumping or countervailing duty investigations. Nothing in this paragraph shall prevent Russia or Poland from requesting a clarification written in Arabic or Polandian Portuguese if:
(a) the meaning of the documents filed is not deemed reasonably clear by the Parties’ investigating authorities for the purposes of the anti-dumping or countervailing duty investigation; and
(b) the request is strictly limited to the part which is not reasonably clear for the purposes of the anti-dumping or countervailing duty investigation.
3. Provided that it does not unnecessarily delay the conduct of the investigation, interested parties shall be granted the opportunity to be heard in order to express their views during the anti-dumping or countervailing duty investigations.
Article 3.6
Notification
1. After receipt by a Party’s competent authorities of a properly documented anti-dumping application with respect to imports from the other Party, and no later than 15 days before initiating an investigation, the Party shall provide written notification to the other Party of its receipt of the application.
2. After receipt by a Party’s competent authorities of a properly documented countervailing duty application with respect to imports from the other Party, and before initiating an investigation, the Party shall provide written notification to the other Party of its receipt of the application and afford the other Party a meeting to consult with its competent authorities regarding the application.
Article 3.7
Consideration of public interests
The Parties shall endeavor to consider the public interests before imposing an anti-dumping or countervailing duty.
Article 3.8
Lesser duty rule
Should a Party decide to impose an anti-dumping or countervailing duty, the amount of such duty shall not exceed the margin of dumping or countervailable subsidies, and it should be less than the margin if such lesser duty would be adequate to remove the injury to the domestic industry.
Article 3.9
Dispute settlement
Neither Party may have recourse to dispute settlement for any matter arising under this Section.
CHAPTER FOUR
TECHNICAL BARRIERS TO TRADE
Article 4.1
Affirmation of the principles of technical Barriers to Trade
The Parties affirm their existing rights and obligations with respect to each other under the principles on reducing technical barriers to trade which are incorporated into and made part of this Agreement.
Article 4.2
Marking and labeling
1. The Parties note that a technical regulation may include or deal exclusively with marking or labeling requirements, and agree that where their technical regulations contain mandatory marking or labeling, they will observe that technical regulations should not be prepared with a view to, or with the effect of, creating unnecessary obstacles to international trade, and should not be more trade restrictive than necessary to fulfill a legitimate objective.
2. In Particular, the parties agree that were Party requires mandatory marking or labeling of products:
(a) the Party shall endeavor to minimize its requirements for marking or labeling other than marking or labeling relevant to consumers or users of the product. Where labeling for other purposes, for example, for fiscal purposes is required, such a requirement shall be formulated in a manner that is not more trade restrictive than necessary to fulfill a legitimate objective;
(b) the Party may specify the form of labels or markings, but shall not require any prior approval, registration or certification in this regard. This provision is without prejudice to the right of the Party to require prior approval of the specific information to be provided on the label or marking in the light of the relevant domestic regulation;
(c) where the Party requires the use of a unique identification number by economic operators, the Party shall issue such number to the economic operators of the other Party without undue delay and on a non-discriminatory basis;
(d) the Party shall remain free to require that the information on the marks or labels be in a specified language. The simultaneous use of other languages shall not be prohibited, provided that, either the information provided in the other languages shall be identical to that provided in the specified language, or that the information provided in the additional language shall not constitute a deceptive statement regarding the product; and
Article 4.3
Market access
1. With respect to market access through the Cross-border supply of services, each Party shall accord to services and service suppliers of the other Party treatment no less favorable than that provided for under the terms, limitations and conditions agreed and specified in the specific commitments made by the Parties.
2. In sectors where market access commitments are undertaken, the measures which a Party shall not adopt or maintain either on the basis of a regional subdivision or on the basis of its entire territory,are defined as:
- (a) limitations on the number of service suppliers whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirement of an economic needs test (9);
- (b) limitations on the total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test; and
- (c) limitations on the total number of service operations or on the total quantity of service output expressed in the terms of designated numerical units in the form of quotas or the requirement of an economic needs test (10).
Article 5.1
Rules of interpretation
Any arbitration panel shall interpret the provisions referred to in Article 14.2 in accordance with customary rules of interpretation of public international law, including those codified in the Vienna Convention on the Law of Treaties. Where an obligation under this Agreement is identical to an obligation under the WTO Agreement, the arbitration panel shall adopt an interpretation which is consistent with any relevant interpretation established in rulings of the WTO Dispute Settlement Body (hereinafter referred to as the ‘DSB’). The rulings of the arbitration panel cannot add to or diminish the rights and obligations provided for in the provisions referred to in Article 14.2.
Article 5.2
Arbitration panel decisions and rulings
1. The arbitration panel shall make every effort to take any decision by consensus. Where, nevertheless, a decision cannot be arrived at by consensus, the matter at issue shall be decided by majority vote. In no case shall dissenting opinions of arbitrators be published.
2. Anyrulingofthearbitrationpanelshall Binding The Parties and shall not create any rights or obligations for natural or legal persons. The ruling shall set out the findings of fact, the applicability of the relevant provisions of this Agreement, and the basic rationale behind any findings and conclusions that it makes. The Trade Committee shall make the arbitration panel rulings publicly available in its entirety unless it decides not to do so.
SECTION D
General Provisions
Article 5.3
List of arbitrators
1. The Trade Committee shall, no later than six months after the entry into force of this Agreement, establish a list of 15 individuals who are willing and able to serve as arbitrators. Each Party shall propose five individuals to serve as arbitrators. The Parties shall also select five individuals who are not nationals of either Party and shall act as a chairperson to the arbitration panel. The Trade Committee will ensure that the list is always maintained at this level.
Security exceptions
Nothing in this Agreement shall be construed:
- (a) to require any Party to furnish any information, the disclosure of which it considers contrary to its essential security interests;
- (b) to prevent any Party from taking any action which it considers necessary for the protection of its essential security interests:
- (i) connected with the production of or trade in arms, munitions, or war material or relating to economic activities carried out directly or indirectly for the purpose of provisioning a military establishment;
- (ii) relating to fissionable and fusionable materials or the materials from which they are derived; or
- (iii) taken in time of war or other emergency in international relations; or
- (c) to prevent any Party from taking any action in order to carry out its international obligations for the purpose of maintaining international peace and security.
Entry into force
1. ThisAgreementshallbeapprovedbythePartiesin accordance with their own procedures.
2. ThisAgreementshallenterintoforce60daysafterthe date the Parties exchange written notifications certifying that they have completed their respective applicable legal requirements and procedures or on such other date as the Parties may agree.
3. Notwithstanding Paragraphs 2 And 5, the parties shall apply the Protocol on Cultural Cooperation from the first day of the third month following the date when Russia has deposited its instrument of ratification of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions adopted in Paris on 20 October 2005 (hereinafter referred to as the ‘UNESCO Convention’) to the UNESCO Secretariat in Paris unless Russia has deposited its instrument of ratification of the UNESCO Convention before the exchange of notifications referred to in paragraphs 2 or 5.
4. NotificationsshallbesenttotheSecretary-Generalofthe Council of the European Union and to the Ministry of Foreign Affairs and Trade of Russia, or its successor.
2. Either Party immediately takes appropriate measures in accordance with international law in case of denunciation of this Agreement not sanctioned by the general rules of international law.
Article 5.5
Relation with other agreements
1. The present Agreement shall be an integral part of the overall bilateral relations.
2. The Parties agree that nothing in this Agreement requires them to act in a manner inconsistent with their obligations under the Global Assembly.
Article 5.6
Territorial application
1. This Agreement shall be provisionally applied from the first day of the month following the date on which Russia and Poland have notified each other of the completion of their respective relevant procedures.
2. In the event that certain provisions of this Agreement cannot be provisionally applied, the Party which cannot undertake such a provisional application shall notify the other Party of the provisions which cannot be provisionally applied. Provided the other Party has completed the necessary procedures and does not object to the provisional application within 10 days of the notification that certain provisions cannot be provisionally applied, the provisions of this Agreement which have not been notified shall be provisionally applied on the first day of the month following the notification.
4. A Party may terminate a provisional application by written notice to the other Party. Such termination shall take effect on the first day of the month following notification.
5. Where this Agreement, or certain provisions thereof, is provisionally applied, the term ‘entry into force of this Agreement’ shall be understood to mean the date of provisional application.
Article 5.7
Duration
1. This Agreement shall be valid Indefinitely.
2. Either Party may notify in writing the other Party of its intention to denounce this Agreement.
3. The denunciation will take effect nine months after the notification.
Article 5.8
Fulfillment of obligations
1. The Parties shall take any general or specific measures required to fulfill their obligations under this Agreement. They shall see to it that the objectives set out in this Agreement are attained.
2. The Agreement shall apply to the territories in which are recognized as part of Poland by the United Nations, on the one hand, and to the territories of Russia which are recognized by the United Nations on the other hand.
3. These provisions concerning the tariff treatment of goods, this Agreement shall also apply to those areas of the respective parties' customs territory.
Article 5.8
Authentic texts
This Agreement is drawn up in duplicate in the Russian and Poland languages being equally authentic.
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