Соглашение о свободной торговле между Евразийским экономическим союзом и его государствами-членами, с одной стороны, и Республикой Сингапур, с другой стороны (Ереван, 1 октября 2019 г.) (документ не вступил в силу)

Соглашение
о свободной торговле между Евразийским экономическим союзом и его государствами-членами, с одной стороны, и Республикой Сингапур, с другой стороны
(Ереван, 1 октября 2019 г.)

Free Trade Agreement between the Eurasian Economic Union and its member states, of the one part, and the Republic of Singapore, of the other part

PREAMBLE

The Eurasian Economic Union (hereinafter referred to as "the EAEU") and the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, and the Russian Federation (hereinafter referred to as "the EAEU Member States"),

of the one part, and

the Republic of Singapore (hereinafter referred to as "Singapore"),

of the other part,

RECOGNISING the importance of strengthening and enhancing the longstanding and strong friendship and cooperation between the Parties;

DESIRING to create favourable environments and conditions for the growth of mutually beneficial trade relations and for the promotion of economic cooperation between the Parties in the areas of mutual interest;

DESIRING to reduce or eliminate barriers to trade between the Parties in order to ensure lowered business costs and enhanced economic efficiency;

RECOGNISING the need to uphold the principles and practices which promote free and unhindered trade in a predictable, transparent, and non-discriminatory manner;

ACKNOWLEDGING the importance of trade facilitation in promoting efficient and transparent procedures to reduce costs and ensure predictability of the market; and

EMPHASISING the need for further promotion of mutual cooperation between the Parties on the basis of mutual trust, transparency, and principles of fair and mutually beneficial trade facilitation;

HAVE AGREED as follows:

FOR THE REPUBLIC OF ARMENIA

FOR THE REPUBLIC OF BELARUS

FOR THE REPUBLIC OF KAZAKHSTAN

FOR THE KYRGYZ REPUBLIC

FOR THE RUSSIAN FEDERATION

FOR THE EURASIAN ECONOMIC UNION

FOR THE REPUBLIC OF SINGAPORE

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¹ For greater certainty, the term "or" is used in an inclusive nature (that is to say, "either [A] or [B], or both") throughout this Agreement. Where the term "or" is intended to be used in an exclusive nature (that is to say, "either [A] or [B], but not both"), then this is articulated using the formulation, "either [A] or [B]".

² For the purposes of this paragraph, "respondent" means a producer, manufacturer, exporter, importer and, where appropriate, a government or government entity, that is required by a Party's investigating authorities to respond to an anti-dumping or countervailing duty questionnaire.

³ This does not prevent the authorities from adjusting the date, where necessary in light of developments in the investigation, and after consultation with the respondent.

⁴ Charges for the copies, if any, are limited in amount to the approximate cost of the services rendered.

⁵ Sanitary or phytosanitary measures such as laws, decrees or ordinances which are applicable generally.

⁶ Such notification shall be considered to have taken place when the information has been notified to the WTO in accordance with the relevant rules and procedures.

⁷ For greater certainty, the Parties understand that this provision may apply equally to using a sign in the digital environment.

⁸ For the purposes of this Article, the terms "inventive step" and "capable of industrial application" may be deemed by a Party to be synonymous with the terms "non-obvious" and "useful" respectively.

⁹ The provisions of this subparagraph shall be subject to and consistent with any review or amendment of subparagraph 3(b) of Article 27 of the TRIPS Agreement.

¹⁰ For greater certainty, this paragraph shall not apply to a Party that is not party to the UPOV Convention. Instead, such a Party shall provide at a minimum adequate and effective protection to breeders of new plant varieties equivalent to the level of protection provided for by the International Convention for the Protection of New Varieties of Plants (adopted in Paris on 2 December 1961, as last revised on 23 October 1978).

¹¹ For greater certainty, the Parties recognise that geographical indications and appellations of origin of goods from the EAEU and the EAEU Member States may be protected as trademarks or geographical indications in Singapore, subject to the laws and regulations of Singapore.

¹² For greater certainty, nothing in this Article requires the destruction of goods which are found to be infringing.

¹³ For the purposes of this Article, a Party may interpret "border measures" as measures adopted by customs authorities.

¹⁴ For the purposes of this Article, "counterfeit trademark goods" shall mean any goods, including packaging, bearing without authorisation a trademark which is identical to the trademark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark, and which thereby infringes the rights of the owner of the trademark in question under the laws of the country of importation.

¹⁵ For the purposes of this Article, "pirated copyright goods" shall mean any goods which are copies made without the consent of the right holder or person duly authorised by the right holder in the country of production and which are made directly or indirectly from an article where the making of that copy would have constituted an infringement of a copyright or a related right under the laws of the country of importation.

¹⁶ For greater certainty, the Parties recognise that in Singapore, procedures initiated by right holders apply with respect to imported goods only.

¹⁷ For the purposes of this Article, a Party may interpret "consignor, exporter, consignee or importer" as a "declarant".

¹⁸ In the event of any change to the abovementioned websites, the respective Party will notify the other Party on such a change through its contact points.

¹⁹ The Parties agree that each Party will use the terms "distortion" or "elimination", whichever is in accordance with their respective laws and regulations.

²⁰ For greater certainty, the review of administrative actions can take the form of common law judicial review, and the correction of administrative actions may include a referral back to the body that took such action for corrective action.

²¹ For greater certainty, the period of thirty-five (35) days does not include any days suspended pursuant to paragraph 9 of Article 14.8 (Composition and Establishment of the Arbitration Panel).

²² For greater certainty, the period of sixty (60) days does not include any days suspended pursuant to paragraph 9 of Article 14.8 (Composition and Establishment of the Arbitration Panel).

²³ For greater certainty, the period of forty-five (45) days does not include any days suspended pursuant to paragraph 9 of Article 14.8 (Composition and Establishment of the Arbitration Panel).

²⁴ For greater certainty, the period of sixty (60) days does not include any days suspended pursuant to paragraph 9 of Article 14.8 (Composition and Establishment of the Arbitration Panel).