On The Partnership And Cooperation Agreement Establishing A Partnership Between The European Communities And Their Member States, Of The One Part, And The Republic Of Tajikistan, Of The Other Part

Original Language Title: Par Partnerības un sadarbības nolīgumu, kas izveido partnerību starp Eiropas Kopienām un to dalībvalstīm, no vienas puses, un Tadžikistānas Republiku, no otras puses

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The Saeima has adopted and the President promulgated the following laws: The partnership and cooperation agreement establishing a partnership between the European communities and their Member States, of the one part, and the Republic of Tajikistan, on the other hand article 1. 2004 October 11 Luxembourg signed the agreement on partnership and cooperation establishing a partnership between the European communities and their Member States, of the one part, and the Republic of Tajikistan, of the other part (hereinafter referred to as the agreement), this law is adopted and approved. 2. article. The agreement shall enter into force on its article 100, and for the period specified in the order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 3. article. The law shall enter into force on the day following its promulgation. To put the agreement by law Latvian language. The law adopted by the Parliament in December 2005 on November 10. State v. President Vaira Vīķe-Freiberga in Riga in 2005. on 25 November, the partnership and cooperation agreement establishing a partnership between the European communities and their Member States, of the one part, and the Republic of Tajikistan, of the other part, the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary , The Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland, which is the Treaty establishing the European Community and the Treaty establishing the European Atomic Energy Community, hereinafter referred to as "the Contracting Parties", the Member States and the European Community and the European Atomic Energy Community, hereinafter referred to as ' the Community ', of the one part, and the Republic of TAJIKISTAN, of the other part, taking into account the links between the community , its Member States and the Republic of Tajikistan and the common values; Recognising that the community and the Republic of Tajikistan wish to strengthen these links and to establish partnership and cooperation which deepen and widen the relations established previously between the Contracting Parties, in particular with the European Economic Community and the European Atomic Energy Community and the Union of Soviet Socialist Republics agreement on trade and trade and economic cooperation, signed on 18 December 1989; In view of the community and its Member States and the Republic of Tajikistan's commitment to strengthening the political and economic freedom, which is based on partnership, recognizing in this regard that the support of the Republic of Tajikistan for the sovereignty, independence and territorial integrity to help keep peace and stability in Central Asia; Taking into account the willingness of the parties to promote international peace and security and the peaceful resolution of conflicts and to cooperate to this end in the framework of the United Nations and the Organization for security and cooperation in Europe (OSCE); Having regard to the community, its Member States and the Republic of Tajikistan close commitment fully to implement all the principles and provisions contained in the Conference on security and cooperation in Europe (CSCE) Final Act, the Madrid and Vienna follow-up Conference closing documents, CSCE document of the Bonn Conference on economic cooperation, the Charter of Paris for a new Europe and the CSCE Helsinki 1992 document of the Conference "challenges of change", as well as other OSCE documents; Being convinced of the importance of the rule of law and respect for human rights, in particular for persons belonging to minority groups, as well as the multi-party system, including the creation of a free and democratic elections and economic liberalisation aimed to introduce a market economy; Provided that the partnership and cooperation agreement will serve the full implementation of the Convention and contribute to continue and complete the political, economic and legal reforms in the Republic of Tajikistan, as well as implement the cooperation necessary factors, in particular according to the CSCE Bonn Conference conclusions; Desiring to promote the continuation of the process of internal reconciliation that began in the Republic of Tajikistan following the Moscow peace treaty; Desiring to promote the process of regional cooperation with neighbouring countries in the fields of application of this agreement in order to promote the prosperity and stability of the region, desirous and developing regular political dialogue on bilateral and international issues of mutual interest; Welcoming the support of the Republic of Tajikistan and will establish close cooperation with the European institutions; Taking into account the need to promote investment in the Republic of Tajikistan, in particular in the energy and water management sectors, confirming the community, its Member States and the Republic of Tajikistan's obligations arising from the European Energy Charter, as well as from the Energy Charter Treaty and the Energy Charter Protocol on energy efficiency and related environmental aspects in the application of the whole; The community will provide, as appropriate, in the socio-economic cooperation and technical assistance, which would also include the fight against poverty; Knowing that the agreement may contribute to the gradual of the Republic of Tajikistan and a wider area of cooperation in Europe and rapprochement in adjacent regions, as well as the progressive integration into the open international trading system; Considering that the Contracting Parties are committed to liberalize trade under the World Trade Organization (WTO) rules and the community's favourable view of the Republic of Tajikistan's intention to join the WTO; Conscious of the need to improve trade and investment conditions as well as influencing conditions in areas such as the establishment of companies, employment, provision of services and capital is ensured; Convinced that this agreement between the Contracting Parties will create a new climate for economic relations and, in particular, the trade and investment development tools that are indispensable for economic restructuring and the modernisation of the technology; Desirous of establishing close cooperation in the field of environmental protection, taking into account the interdependence existing between the parties in this matter; Recognizing that this agreement, the priority objectives of cooperation of illegal immigration, international organized crime and drug trafficking prevention and control, as well as the fight against terrorism; Desiring to establish cooperation in the field of education and culture and develop the exchange of information, have agreed upon the following provisions. 1. Article between the community and its Member States, of the one part, and the Republic of Tajikistan, of the other part, you create a partnership. Partnership has the following objectives: — to support the Republic of Tajikistan's independence and sovereignty, — to support the Republic of Tajikistan's efforts to consolidate its democracy, to develop the economy and social infrastructure, as well as to enter into processes associated with the transition to a market economy, the granting of suitable system of political dialogue between the parties, in order to enable developing their close political relations, promote trade and investment, in particular in the energy and water resource management, as well as the consistent economic relations between the Contracting Parties to promote sustainable economic development, creating a framework for cultural cooperation and cooperation in the legislative, economic, social, financial, civil scientific, technology. Title I General principles article 2 the democratic principles and fundamental human rights, in particular as set out in the Universal Declaration of human rights, the United Nations Charter, the Helsinki Final Act and the Charter of Paris for a new Europe underpins the internal parties and foreign policy, and is an essential element of this agreement. Article 3 the Contracting Parties consider that their future prosperity and stability are essential for the new independent States, created by the Union of Soviet Socialist Republics, hereinafter referred to as the collapse of "independent States", maintain and develop their cooperation according to the Helsinki Final Act, international law and the principles of good neighbourly relations and combine their forces to promote this process. Title II political dialogue article 4 between the Contracting Parties is established regular and ongoing dialogue to reach agreement on the development and strengthening of relations. It strengthens the community and the Republic of Tajikistan the approximation and go in parallel with it, support in the country for the ongoing political and socio-economic change and contribute to the establishment of new forms of cooperation. Political dialogue: — make stronger links of the Republic of Tajikistan with the community and its Member States and, where appropriate, with the whole family of democratic nations. Thanks to this agreement implemented economic convergence increases the intensity of political relations; — will lead to greater convergence of views on international issues of mutual interest, thus contributing to the security and stability of the region; — provides that the Contracting Parties shall endeavour to cooperate in areas relating to compliance with the principles of democracy, human rights protection and promotion, in particular, it is about human rights, which belong to minority groups and, where appropriate, consulted on relevant issues. The Contracting Parties consider that the proliferation of weapons of mass destruction and their delivery systems that organize both national and non-governmental level, formations are more serious threats to international stability and security. The Contracting Parties therefore agree to cooperate and to contribute to the fight against the proliferation of weapons of mass destruction and their delivery systems, with particular attention to national level be fully respected and implemented its obligations assumed by international agreements and international treaties on disarmament and non-proliferation, as well as other international obligations in this matter. The Contracting Parties agree that this provision constitutes an essential element of this agreement and include political dialogue, strengthening the elements of the agreement and to go along with them. The Contracting Parties furthermore agree to cooperate and that the fight against the proliferation of weapons of mass destruction and their delivery systems to contribute they will provide in the following ways:-by taking steps to sign or to ratify all international instruments in this regard, or to join the case, as well as to implement them in full; — an effective export control system with both weapons of mass destruction related products for export and transit, including end-use control on dual-use technology is applied in the context of weapons of mass destruction, and providing effective sanctions export control violation case. This dialogue can take place at a regional level. 5. article at ministerial level, political dialogue is going on with article 77 of the cooperation Council, or also on other occasions by mutual agreement. Article 6 the Contracting Parties shall establish other procedures and mechanisms for political dialogue, in particular: – regular meetings involving senior officials representing the community and its Member States, of the one part, and the Republic of Tajikistan, of the other part; — any diplomatic solution between the parties, the conclusion of relevant bilateral or multilateral agreements, including the United Nations, OSCE or other organization meetings; -all other features, such as meetings of experts, which could contribute to strengthening political dialogue and expand. Title III trade in goods article 7 1. the Contracting Parties shall grant each other most favoured nation status in all matters related to the following aspects: — customs duties and import and export payments, including the method of collecting such duties and charges; -Customs clearance, transit, warehousing and transhipment; -all types of taxes and other State duties which directly or indirectly to imported goods; — the method of payment and the transfer of such payments; -the rules governing the sale, purchase, transport, distribution and use of the internal market. 2. paragraph 1 of this article shall not apply: (a)) the advantages granted to create a Customs Union or a free trade area, or the advantages flowing from the creation of such a Union or area; b) advantages granted to particular countries in accordance with WTO rules and with other international arrangements in favour of developing countries; c) advantages granted to neighbouring countries to facilitate frontier traffic; 3. During the transitional period, which will end five years after the entry into force of this agreement, the provisions of paragraph 1 shall not apply to advantages defined in annex I, and the Republic of Tajikistan shall grant to the other countries that emerged after the collapse of the Soviet Union. 8. Article 1 the Contracting Parties agree that the principle of free transit is an essential condition of this agreement. In this connection each Party shall provide, without limitation the transit via or through its territory of goods originating in the customs territory of a Contracting Party, or where the other Contracting Party's territory. 2. The Contracting Parties shall apply the GATT article V, 2, 3, 4, and 5. the provisions laid down in paragraph 1. 3. the rules contained in this article shall be without prejudice to the specific provisions on which the Contracting Parties agreed that pertain to specific sectors, in particular transport, or products. Article 9 without prejudice to the rights and obligations resulting from binding to the Contracting Parties to the international conventions on the temporary importation of goods, one of the Contracting Parties in accordance with the legislation of the other Contracting Party granted relief from import duties and taxes in respect of goods imported temporarily, in cases and under procedures established by any other international Convention, which is binding on that party. The conditions under which the Contracting Party concerned accepts the obligations stemming from such a Convention, are taken into account. 10. Article 1. Goods originating in the Republic of Tajikistan, imported into the community without quantitative restrictions or equivalent measures, without prejudice to this agreement in 12, 15 and the provisions of article 16. 2. Goods originating in the community imported into Tajikistan free of any quantitative restrictions or equivalent measures, without prejudice to this agreement in 12, 15 and the provisions of article 16. Article 11 of the trade in goods between the Contracting Parties in accordance with market prices. Article 12 1. If the imported volume of production in the territory of a contracting party reaches the volume or take place under such conditions as to cause or likely to cause damage similar or directly competitive production of the domestic producers, the community or the Republic of Tajikistan in the case concerned may take appropriate measures under the conditions and following these procedures. 2. Before taking any measures, or in cases as soon as possible, subject to paragraph 4, the community or the Republic of Tajikistan, as the case may be, shall provide the cooperation Council with all relevant information with a view to seeking a solution acceptable to the Contracting Parties, as defined in section XI. 3. If the consultations the contracting parties do not reach an agreement in 30dien after the cooperation Council notified of the actions to be taken in order to prevent this situation, the party which requested consultations shall be free to restrict imports of the products concerned or to take other appropriate measures to the extent and for so long as is necessary, to avoid damage or prevent it. 4. Emergency where delay would cause damage difficult to prevent, the Contracting Parties may take the measures before the consultations, on the condition that immediately after the implementation of these measures will be expressed in the initiative to launch a consultation. 5. in the selection of measures to be taken under this article, the Contracting Parties, priority is given to those which least disturb the exercise of this agreement. 6. None of the provisions of this Agreement shall not in any way is not the determining factor, or when one or the other of the Contracting Parties shall adopt anti-dumping or countervailing measures in accordance with the 1994 article VI of the GATT 1994, agreement on implementation of article VI of the GATT, the agreement on subsidies and countervailing measures or related the legislation of that Contracting Party. Article 13 the Contracting Parties undertake to adapt the trade provisions of this agreement, depending on the circumstances, and in particular of the situation arising, when the Republic of Tajikistan will join the WTO. The cooperation Council may prepare parties for proposals for adjustments, which, if accepted, may be applied to the Contracting Parties by agreement, in accordance with their respective procedures. Article 14 this agreement does not preclude the introduction of import, export or transit prohibitions or limitations based on public morality, public policy, public security, human or animal health or for the protection of life or for plant protection, protection of natural resources, the protection of national treasures that have artistic, historic or archaeological value, or the intellectual, industrial and commercial property, the agreement also does not preclude the establishment of rules concerning gold and silver. However, such prohibitions or restrictions must not constitute a means of arbitrary discrimination or a disguised restriction on trade between the Contracting Parties. Article 15 chapters 50 to 63 of the combined nomenclature contained in trade in textile products shall be governed by a separate bilateral agreement. After the above agreement expires, textile products included in this agreement. Article 16 trade in nuclear materials shall comply with the provisions of the Treaty establishing the European Atomic Energy Community. Where appropriate, this trade is governed by the provisions of a specific agreement to be concluded between the European Atomic Energy Community and the Republic of Tajikistan. Title IV provisions in trade and investment chapter I conditions of employment article 17 1. subject to the provisions of each Member State's relevant laws, conditions and procedures The community and the Member States shall endeavour to ensure that nationals of the Republic of Tajikistan legally resident and working in the territory of a Member State, should not be discriminated against on the grounds of nationality matters relating to working conditions, remuneration or dismissal, as against nationals of that Member State. 2. in the light of the Tajikistan's relevant laws, conditions and procedures, the Republic of Tajikistan shall endeavour to ensure that workers who are nationals of a Member State and lawfully resident and working in the territory of Tajikistan, not discriminated against on the grounds of nationality matters relating to working conditions, remuneration or dismissal, relative to its own nationals. Article 18 of the Cooperation Council shall examine innovations that could introduce a host of working conditions in accordance with their international obligations, in particular those laid down by the CSCE Bonn Conference. Article 19 Cooperation Council proposes in article 17 and 18. Chapter II establishment and operation of companies, the conditions of article 20 1. the community and its Member States with regard to the establishment of companies of Tajikistan, as defined in article 22, point (d)) shall be accorded treatment no less favourable than that accorded to companies of third countries. 2. Without prejudice to the reservations listed in annex II, the community and its Member States in the territory of Tajikistan it created subsidiaries of the company shall be accorded treatment no less favourable than that accorded to Community companies in matters related to the economic activities of these companies. 3. the community and its Member States in their territory for the created company affiliates shall be accorded treatment no less favourable than that granted to third-country companies ' affiliates in issues related to their economic activity. 4. the Republic of Tajikistan concerning the establishment of Community companies as defined in article 22, point (d)) apply treatment no less favourable than that granted to the Tajik companies or to companies of third countries, where those conditions are more favourable. 5. The Republic of Tajikistan of subsidiaries or branches of Community companies established in its territory, shall be accorded treatment no less favourable than that accorded to Tajik companies or to subsidiaries or branches of companies of third countries of subsidiaries or branches, if those conditions are more favourable, in matters relating to their economic activity. 21. Article 1 of this agreement the provisions of article 20 shall not apply to air, River and sea transport. 2. However, with regard to the shipping agency activities, providing international maritime transport services including combined transport, including maritime carriage, each Contracting Party shall allow the enterprise of the other Contracting Party, commercial presence in its territory in the form of subsidiaries or branches according to the company's design and operating conditions, which are just as favourable as those conditions apply to local businesses or enterprises of third countries affiliates or subsidiaries If those conditions are more favourable. In this activity, but is not limited to, the following activities: (a)) and the associated marine transport service marketing and sales, through direct contact with customers, from quotation to invoice submission, if those services are provided or offered by the service provider or service suppliers with which the service seller has established its own trade cooperation; (b)) the entire carriage and related services purchase and use in their own or on behalf of the client (and the resale to customers), including any type of inland transport services, particularly inland waterways, road and rail, necessary for the supply of an integrated service; (c)) the transport documents, customs documents, or other documents related to the origin of the goods transported and the type; d) trade related news, through various means, including computerized systems and electronic data interchange (provided that there are no discriminatory restrictions on electronic communications); e) any transaction with any local shipping agency, including participation in the company's stock and the appointment of local staff (or, in the case of foreign personnel, in accordance with the relevant provisions of this Agreement); (f)), on behalf of the company organisation organising the arrival into port or the ship cargo transfer, if necessary. Article 22 of this agreement, the terms used have the following meanings: (a) a "Community company") or a "Tajik company" is a company established in accordance with, respectively, of a Member State or the Republic of Tajikistan law and having its registered office, Central Administration or principal place of business in the community or in the territory of the Republic of Tajikistan. However, if this company, created under a Member State or of the Republic of Tajikistan law, community or in the territory of the Republic of Tajikistan has only its registered office in the community, company or firm will be considered for Tajikistan in such a case, if it is actual and lasting links with, respectively, of a Member State or the Republic of Tajikistan's economy; (b) ' subsidiary ' of a company) is a company that actually controls the operation of the above undertaking; (c)) "branch" shall mean a place of business not having legal personality, which is a permanent structure, for example the main branch of the company, which has its own system of Government and the provision of materials to make business with third parties so that these third parties-knowing that, where appropriate, will be a legal link with the main company, whose main foreign-control is not have to deal directly with the main company but they can all transactions take place in this business What is the structure of the branch; (d) "establishment" means a)) defined community or Tajik companies the right to start a business, creating a corporate affiliate or subsidiary, respectively, or to the community in Tajikistan; e) "operation" means the economic operation; f) "economic activities" is industrial and commercial activity, as well as the liberal professions. With regard to international maritime transport, including combined transport operations, including shipping, from this chapter and from chapter III benefits accrue to the Member States or nationals of the Republic of Tajikistan, operating outside the community or the Republic of Tajikistan, as well as shipping companies established outside the community or the Republic of Tajikistan and controlled by a Member State or nationals of the Republic of Tajikistan, if their vessels are registered in that Member State or in the Republic of Tajikistan pursuant to their respective legislation. 1. Article 23 without prejudice to the other provisions of this agreement, the Contracting Party may not refuse to adopt measures for precautionary reasons, including investors, depositors, policy-holders and persons to whom a financial service provider's fiduciary duty, safeguard measures, or measures to ensure the integrity of the financial system and stability. If those measures are not in accordance with the provisions of this agreement, they may not be used to avoid contracting party obligations that it has under this agreement. 2. no provision of this Agreement shall be interpreted so that a Contracting Party would be obliged to disclose information relating to transactions and customer invoices or other confidential or protected information by public bodies. 3. for the purposes of this agreement, "financial services" are described in annex III. Article 24 nothing in this Agreement shall prevent a Contracting Party from applying measures necessary to prevent the provisions of this agreement in circumvention of its measures concerning third country access to its market. 25. Article 1 without prejudice to the provisions of chapter I of this title, or of Community companies the Tajik company, founded in, respectively, the Republic of Tajikistan or the community, in accordance with the company's country of registration to the legislation in force, shall have the right, respectively, the Republic of Tajikistan or the community itself or with its subsidiaries or subsidiaries employing employees who are, respectively, the Member States of the community or nationals of the Republic of Tajikistan, if these employees are permanent employees as set out in paragraph 2, and if they are employed only in those companies or branches. Their residence permits and work permits apply only to the period of employment. 2. The above mentioned company, hereinafter referred to as "the Organization", "permanent employees are workers who moved in another company's structure", as defined in point (c)), and broken down in the following categories listed below, unless the organization is a legal person and that the persons concerned (with the exception of majority owners) at least one year immediately preceding the transfer it worked or had its members: a) the person who is managerial positions in the Organization, direct control of the company's management, and in general the most monitored or run by the company's Board or shareholders ' Council or equivalent body, including:-directing the establishment or a Department or subdivision — the person who monitors and controls the other supervisory, professional or managerial employees, persons where, in accordance with the mandate has the right to hire and fire or recommend hiring, recommend to dismiss employees out of work, or other personnel actions; b) persons working within an organisation who has special knowledge, which are essential in relation to the establishment's service, research equipment, techniques or management. The evaluation of such knowledge may reflect not only the knowledge that is specific to this company, but also the high level of qualification referring to a type of work or trade requiring specific technical knowledge, including membership of an accredited profession; (c)) "employee who moved to work in another company's structure" means a natural person working within an organisation in the territory of one of the Contracting Parties and the conduct of economic activity temporarily transferred to the territory of the other Contracting Party; the main business of the organisation concerned to be located in the territory of the Contracting Party, and the employee must be transferred to the Organization branch or subsidiary of the company that actually carry out economic activities in the territory of the other Contracting Party. 26. Article 1 the contracting parties work hard to avoid any such measures or actions of the other party, the establishment of companies and operating conditions makes more restrictive than those in force on the day preceding the signature of this agreement. 2. the provisions of this article shall be without prejudice to the provisions of article 34: the situations covered by article 34 shall be governed by the provisions of this article only, to the exclusion of all other terms. 3. Acting in the spirit of partnership and cooperation and in the light of the provisions of article 40, the Government of the Republic of Tajikistan shall inform the community of its intentions to submit new legislation or adopt new regulations, as a result of Community companies establishing subsidiaries and establishments and operating conditions of the Republic of Tajikistan more restrictive than those in force on the day preceding the signature of this agreement. The community may request the Republic of Tajikistan to communicate this legislation or regulations and to start consultations on these projects. 4. If in the Republic of Tajikistan introduced new legislation or as a result of the provisions established in the Republic of Tajikistan of subsidiaries of Community companies and affiliates operating conditions are more restrictive than those in force at the date of signature of this agreement, the relevant legislation or rules, three years after its entry into force does not apply to those subsidiaries and branches already established in the Republic of Tajikistan at the time when the legislation comes into force. Chapter III cross-border provision of services between the community and the Republic of Tajikistan article 27 1. the Contracting Parties shall undertake, in accordance with the provisions of this chapter to take the necessary steps to allow progressively the supply of services by community or Tajik company to them, established in the territory of a Contracting Party other than the territory of a Contracting Party for which the services are intended, taking into account the development of the service sectors in the territory of the Contracting Parties. 2. the cooperation Council shall provide for the implementation of paragraph 1, the necessary recommendations. Article 28 the Contracting Parties shall cooperate to develop the provisions of the relevant market for the services sector in the Republic of Tajikistan. 29. Article 1. with regard to international maritime transport, the Contracting Parties undertake to apply effectively the principle of unrestricted access to the international market and traffic on a commercial basis. (a)) the above provision does not prejudice to rights and obligations arising from the United Nations Convention on a code of conduct for liner conferences to be applied to one or other Contracting Party to this agreement. Non-conference lines will be free to operate in competition with a Conference as long as they adhere to the principle of fair competition on a commercial basis. (b)), the Contracting Parties affirm their commitment to a freely competitive environment as being an essential feature of the dry and liquid bulk trade. 2. in applying the principles of paragraph 1, the Contracting Parties shall: (a)) of the date of entry into force of this Agreement shall not apply any time between any Member State of the community and the former Soviet Union signed bilateral agreement the cargo sharing arrangements; (b) not introduce cargo sharing) rules for future bilateral agreements with third countries, other than in those exceptional circumstances when one or other of the parties to this agreement liner companies would not otherwise have opportunities to successfully maintain a traffic trade traffic to and from the third countries concerned; (c) prohibit cargo sharing arrangements) in future bilateral agreements concerning dry and liquid bulk trade; (d)) on the coming into force of this agreement, all unilateral measures, administrative, technical and other obstacles that may restrict or discriminate against the free provision of services in international maritime transport. 3. each Contracting Party vessels operated by nationals of the other Contracting Party, or of the company, shall be accorded treatment no less favourable than that accorded to its own ships with regard to access to ports open to international trade, the port infrastructure and port services, as well as related fees and charges, customs facilities, piers and loading and unloading facilities. Article 30 To ensure the coordinated development of transport between the parties, adapted to their commercial needs, the entry into force of this agreement under the conditions of mutual market access and provision of road, rail and inland waterways transport and air transport in the area, may be subject to specific agreements that the Contracting Parties shall consult as appropriate. Chapter IV General provisions article 31 1. the provisions of this title shall be applied subject to limitations justified by public policy, public security or public health. 2. They shall not apply To activities which in the territory of each Contracting Party the are connected, even occasionally, with the exercise of official authority. Article 32 in respect of this section of the agreement shall in no way prevent the parties from applying their laws and regulations on entry and residence of persons, work, labour conditions and establishment of natural persons and supply of services, if they do not apply them in a way that is canceled or impaired benefits, which any of the Contracting Parties is under a specific provision of this agreement. This provision is without prejudice to the application of article 31. Article 33 companies that are controlled or owned jointly by Tajik companies or nationals and community companies or nationals shall also receive the benefits of chapters II, III and IV. Article 34, which either Contracting Party has granted the other Contracting Party not later than one month before the General Agreement on trade in services (GATS) commitments entered into force in respect of sectors or measures covered by the GATS, in no case be more favourable than that which the first mentioned Contracting Party has granted in accordance with the provisions of the GATS, and this applies to all service sectors, sub-sectors and modes of supply of services. Article 35 of the agreement chapter II, III and IV is not taken into account the arrangements applied by the community, its Member States or the Republic of Tajikistan has granted in accordance with the commitments which they entered into in economic integration agreements in accordance with the principles of article V of the GATS. Article 36 1. the most-favoured-nation treatment granted in accordance with the provisions of this section do not apply to the tax advantages granted by the Contracting Parties or in the future, on the basis of agreements designed to prevent double taxation, or other tax-related measures. 2. must not believe that the provisions of this Agreement shall prevent a Contracting Party from adopting or implementing measures, the purpose of which is to avoid tax evasion or fraud, taking into account the provisions of the agreements on double taxation, or other tax-related events, or local tax legislation in force. 3. Should not be considered that the provisions of this title shall prevent Member States or the Republic of Tajikistan, in applying their respective tax law, to distinguish between taxpayers who are not in an equal position, in particular as regards their place of residence. without prejudice to article 37, article 24 of chapter II, III or IV of the rules may not be interpreted in such a way that it allow: — the Member States or nationals of the Republic of Tajikistan to enter, or stay in the Republic of Tajikistan or the community in any capacity whatsoever, in particular as part of the company owner or member, Manager or employee thereof or supplier or recipient of services, — the Tajik subsidiaries or branches within the community to employ or have employed in the territory of the Community nationals of the Republic of Tajikistan-community subsidiaries or branches in the Republic of Tajikistan to employ or have employed in the Republic of Tajikistan citizens community — Tajikistan Tajik companies or companies of subsidiaries or branches within the community to provide employees who are citizens of Tajikistan to work together for the benefit of others and their supervision in accordance with temporary employment contracts; -Community companies or subsidiaries or branches of Community companies in the Republic of Tajikistan in accordance with temporary employment contracts to provide employees who are nationals of Member States. Chapter v current payments and capital article 38 1. the Contracting Parties undertake to authorise any payments between the community and the Republic of Tajikistan residents freely convertible currency on the current account of the balance of payments in connection with the movement of goods or services or the free movement of persons, carried out pursuant to this agreement. 2. In the case of transactions in the balance of payments capital account, after the entry into force of this agreement, the free movement of capital relating to direct investments in companies established under the law of the host country and investments made in accordance with the provisions of chapter II, and this investment and the repatriation of profits or liquidation. 3. Without prejudice to paragraphs 2 and 5, the Contracting Parties of the date of entry into force of the agreement, does not introduce any new foreign exchange restrictions on the movement of capital and current payments connected with the movement between the community and the residents of the Republic of Tajikistan, and does not make the existing arrangements more restrictive. 4. The Contracting Parties shall consult to between the community and the Republic of Tajikistan to facilitate their movement of capital other than those referred to in paragraph 2, thereby contributing to the fulfilment of the objectives of this agreement. 5. with reference to the provisions of this article, until the currency of Tajikistan will become fully convertible to the International Monetary Fund (IMF) article VIII of the Statute means the Republic of Tajikistan in exceptional circumstances may apply Exchange restrictions connected with the short and medium-term financial credits or receipt to the extent such restrictions apply to the Republic of Tajikistan, by granting such credits, and they are permitted under the status of the Republic of Tajikistan according to the IMF. These limits the Republic of Tajikistan shall apply without discrimination. They shall be applied in such a manner as to cause the least possible disturbance to the functioning of this agreement. The Republic of Tajikistan shall inform the cooperation Council promptly of the introduction of such measures and of the implemented changes that it might introduce. 6. Without prejudice to paragraphs 1 and 2, where, in exceptional circumstances, the free movement of capital between the community and the Republic of Tajikistan cause, or may cause, serious difficulties to a currency exchange rate policy or monetary policy in the community or in the Republic of Tajikistan respectively, the community and the Republic of Tajikistan may take safeguard measures with regard to the movement of capital between the community and the Republic of Tajikistan for a period not exceeding six months if such measures are strictly necessary. Chapter VI intellectual, industrial and commercial property protection article 39 1. in accordance with this article and the provisions of annex IV, the Republic of Tajikistan shall continue to develop the intellectual, industrial and commercial property rights so that the time from now until the end of the fifth year after the entry into force of this agreement, provide the same high level of protection as the one that exists in the community, including also ensure funds intended for in order to ensure such respect. 2. at the end of the fifth year after the entry into force of this agreement the Republic of Tajikistan shall accede to them in paragraph 1 of annex IV proposed multilateral conventions of intellectual, industrial and commercial property matters, which the Member States are parties or which are de facto applied by Member States, subject to the relevant provisions of this Convention. For the purposes of applying this provision, the community, when you need it, will give their support. Section v cooperation article 40 of legislative matters, 1. The Contracting Parties recognize that an important condition for the Republic of Tajikistan and the community to strengthen economic links is in the Republic of Tajikistan the existing and future legislation to be implemented in Community law. The Republic of Tajikistan shall use all means to ensure its progressive legislation in compliance with Community law. 2. approximation of laws applies in particular to the following areas: customs law, company law, law of banking and other financial services, corporate accounts and taxes, intellectual property, protection of workers at the workplace, rules on competition, including any related issues and practices affecting trade, public procurement, protection of human and animal health and the protection of life and plant health, the environment, consumer protection , indirect taxation, technical rules and standards, nuclear law-related issues, transport and electronic communications. 3. the Community shall provide the Republic of Tajikistan with technical assistance to enable it to implement measures, including, for example:-the exchange of experts, for quick information, especially on relevant legislation, — the organisation of seminars, the preparation of the people associated with this legislation and implementation, — support to ensure translation of Community legislation in the relevant sectors. 4. The Contracting Parties agree to consider the means by which a consistent way to apply their respective competition laws, if you have affected trade between the Contracting Parties. Socio-economic cooperation title vi article 41 1. the community and the Republic of Tajikistan shall establish economic cooperation aimed at promoting economic reform and the process of economic recovery and sustainable development of the Republic of Tajikistan. This cooperation between the Contracting Parties shall strengthen economic links. 2. Policies and other measures to promote economic and social reforms, as well as the Republic of Tajikistan's economic system restructuring, and they are based on a coherent sustainability and social development; In addition, this selected policy fully covers the considerations related to environmental protection and the fight against poverty. 3. to this end the cooperation will concentrate on economic and social development, human resources development, support for enterprises (privatization, investment and, in particular, the development of financial services), agriculture and food industry (including food safety), water resources management, energy (including hydropower) and civil nuclear safety, health and the fight against poverty, as well as transport, postal services, electronic communications, tourism, environmental protection, cross-border activities and regional cooperation. 4. Special attention shall be given to measures which can contribute to the economic potential of the Republic of Tajikistan and regional cooperation. 5. The community may, where appropriate, to provide technical assistance for cooperation in economic and other forms of cooperation provided for in this agreement, taking into account the community's relevant Council Regulation applicable to technical assistance in the independent States, the priorities agreed in the indicative programme related to Community technical assistance to Central Asia and its application in Tajikistan, as well as the specific coordination and implementation procedures. The Republic of Tajikistan may also benefit from other Community programmes, in accordance with the relevant rules adopted by the Council. 42. Article collaboration products and services in the field of trade, the Contracting Parties shall cooperate in order to ensure that the international trade of the Republic of Tajikistan in compliance with WTO rules. To this end, the Community shall provide the Republic of Tajikistan with technical assistance. This cooperation shall in particular apply to certain areas that are directly related to trade facilitation, in particular to assist the Republic of Tajikistan to align its legislation with WTO rules and, as soon as possible, assist the Republic of Tajikistan to achieve compliance with the conditions for accession to that organisation. The following areas are: policy formulation and trade issues associated with it, in particular as regards payment and compensation mechanisms, the development of legislation. Article 43 industrial cooperation 1. the aim of cooperation shall be to promote in particular: — the development of commercial links between economic operators of both parties, including between small and medium-sized enterprises — community participation of the Republic of Tajikistan efforts to restructure its industry, improving governance, and improving the quality of industrial products, the application of international standards, — the production and development of sufficient processing capacity in the sector of raw materials — the appropriate trading rules and practices, including product marketing, environmental protection, protection, the sector pārprofilēšan: employee training. 2. the provisions of this article shall not prejudice the application of Community competition rules. Article 44 the promotion and protection of investments 1. subject to the community and its Member States in the respective powers and competences, the aim of cooperation shall be to create a favourable environment for both domestic and foreign investment, in particular by creating better conditions for the protection of deposits, making capital transfers and the exchange of information in investment opportunities. 2. the main objectives of the cooperation are the following:-the conclusion, where appropriate, between the Member States and the Republic of Tajikistan agreed, the purpose of which is to avoid double taxation, to create favourable conditions to attract foreign investments in the economy of Tajikistan, — to implement stable and appropriate legislation in the field of trade, as well as the exchange of information on issues related to regulations and administrative practices in the field of investment, — exchange of information regarding the opportunity to implement the investment Thanks to programs such as fairs, trade exhibitions, trade weeks and other events. Article 45 public procurement the Contracting Parties shall cooperate to develop conditions for open and competitive procurement of goods and services in the award of contracts, in particular through calls for tenders. Article 46 cooperation on standards and conformity assessment 1. Cooperation between the Parties shall promote conformity assessment and standards alignment with internationally agreed criteria, principles and guidelines in the field of metrology are respected, to facilitate the mutual recognition of conformity assessment, as well as improve product quality produced in Tajikistan. 2. to this end, the Contracting Parties shall endeavour to cooperate in technical assistance projects which will:-promote appropriate cooperation with organisations and institutions specialised in these fields, facilitate the use of Community technical regulations and European standards and conformity assessment procedures, facilitate experience exchange of technical information and quality management issues. Article 47 of the mining industry and raw materials 1. the contracting parties intended to increase investment and trade in mining industry and raw material sector, which also includes non-ferrous metals. 2. cooperation shall relate in particular to the following areas: — with the mining and non-ferrous metals industry involved in the development of the exchange of information; -legal framework of cooperation; -trade-related issues; — adoption of legislation and implementation of nature conservation; -training; — safety mining sector. Article 48 cooperation in the field of science and technology 1. Respecting mutual interests, the Contracting Parties shall promote cooperation in civil scientific research and technological development, in the light of their available resources, adequate access to their respective programmes on condition that is effective and sufficient protection of intellectual, industrial and commercial property rights. 2. cooperation in science and technology includes the following aspects: — scientific and technological information exchange, joint action in the field of research and development, training and mobility programmes for scientists of both parties, researchers and technicians who work in research and technological development. If this cooperation is implemented in the context of education and/or training programmes, it must take place according to the provisions of article 49. The Contracting Parties shall, on the basis of mutual agreement, may engage in other forms of cooperation in science and technology. This cooperation measures particular attention is given to scientists, engineers, researchers and technicians who have previously reprofiling participated either in studies related to weapons of mass destruction, or weapons production. 3. cooperation within the meaning of this article shall be implemented in accordance with the special arrangements that have been discussed and agreed with each Contracting Party that the procedures adopted, among others, also determines the appropriate rules of intellectual, industrial and commercial heritage matters. Article 49 education and training 1. The Contracting Parties shall cooperate with a view to both the public and private sectors increased their general education and professional qualifications in the Republic of Tajikistan. 2. cooperation shall relate in particular to the following areas: — higher education and training systems in the Republic of Tajikistan, including institutions of higher education and the higher education diploma accreditation system; — public and private sector officials and officials in the preparation of the areas that will be raised as priority areas; — educational institutions and training institutions and undertakings; — teacher, alumni, administrators, and researchers in the new scientist, and the mobility of young people; — the promotion of training in the field of European studies in relevant institutions; — The teaching of Community languages; -post-graduate training of conference interpreters; -training of journalists; — training of trainers. 3. the possible participation of one party in the other party's programmes in the field of education and training may be considered in accordance with their respective procedures and, where appropriate, establish institutional frameworks and plans of cooperation based on the participation of the Republic of Tajikistan in the community's Tempus programme. Article 50 Agricultural and food industry the objective of cooperation in this area is the implementation of agrarian reform, the Republic of Tajikistan's agriculture, agrarian and food industries and the service sector modernization, restructuring and privatization, Tajikistan's local and foreign products to market in a way that ensures the protection of the environment, taking into account the necessity to improve security of food supply, as well as the agrarian and food sector development and agricultural processing and distribution. The Parties shall also pursue the gradual approximation of Tajik standards to Community technical regulations concerning industrial and agricultural food products including sanitary and phytosanitary standards. Article 51 energy 1. cooperation shall be carried out in accordance with the principles of a market economy and the European Energy Charter and evolving, taking into account the progressive integration of the energy markets in Europe. 2. Cooperation shall, in particular, is focused on energy policy and its implementation. It includes the following areas: — the management of the energy sector and improving the regulation of the market economy; -the improvement of energy supply, including improving security of supply, economic and environmentally sound manner; -energy saving and energy efficiency and the Energy Charter Protocol on energy efficiency and related environmental aspects; -modernization of energy infrastructure; -the improvement of energy supply and the technology in use for all forms of energy; -management and technical training in the energy sector; -the transport of energy materials and products and transit; — institutional, legal, fiscal and other conditions necessary to encourage expanded trade and investment in the energy sector; -hydroelectric energy resources and other renewable energy resources development. 3. The Contracting Parties shall exchange relevant information on investment projects in the energy sector, in particular for oil and gas pipeline or other means of transporting energy products for construction and renovation. The Contracting Parties attach particular importance to cooperation regarding investments in the energy sector and with regard to the way in which these contributions are moderated. They shall cooperate to the maximum effective implementation of section IV and article 44 of the rules relating to the investment in the energy sector. 52. Article environment and health protection 1. subject to the European Energy Charter, the 1993 Lucerne Conference and the 1995 Sofia Conference of October declaration, taking into account the Energy Charter Treaty, and in particular article 19, as well as the Energy Charter Protocol on energy efficiency and related environmental aspects, the Contracting Parties shall develop and improve cooperation between the environment and human health. 2. Cooperation in environmental protection and the fight against any form of pollution, in particular: – the effective monitoring of pollution levels and environmental assessment; the information system on the State of the environment, combating local, regional and transboundary air and water pollution, environmental remediation, sustainable, effective and ecologically clean energy production and use, safety, industrial equipment, chemicals classification and safe handling, water quality, waste reduction, recycling and disposal of waste, the implementation of the Basel Convention, agriculture, soil erosion and chemical pollution to the environment, the protection of forests, biodiversity conservation, protected areas and sustainable use of biological resources and management, land use planning, including construction and urban planning, economic and fiscal instruments — global climate change, environmental education and awareness raising, the Espoo Convention on environmental impact assessment in a transboundary context implementation as soon as this Convention will be signed. 3. cooperation shall relate in particular to the following areas: — the planning, natural disasters and other emergency situations; -Exchange of information and experts, including information and experts dealing with the transfer of clean technologies and the safe and environmentally responsible use of biotechnology: the joint research activities, — improving legislation, bringing it closer to the standards of the community, — cooperation at regional level, including cooperation within the framework of the European Environment Agency, and at international level, the development of strategies, particularly with regard to global and climatic issues, in order to achieve sustainable development, environmental impact studies. 4. the Contracting Parties shall seek to develop their cooperation in matters related to human health, particularly in providing technical assistance in the prevention of infectious diseases and prevention, women and small children. 53. Article Transport, the Contracting Parties shall develop and strengthen cooperation in the field of transport. The aim of this cooperation is the Republic of Tajikistan, including the transport system and the restructuring and modernisation of the network and, where appropriate, compatibility of transportation systems development, and ensuring wider transport system context; and the identification of priority projects, and looking to attract investment for their implementation. Cooperation shall include the following in particular: — road, rail, port, airport and urban passenger transport management and operating system upgrades; — rail, water, road, port, airport and air navigation infrastructure upgrading and development, including major routes of common interest and the modernisation of the trans-European transport network linking with the above modes, in particular as regards the project TRACECA, — the promotion of intermodal transport and the development of joint research and development programme, — the legislative framework and institutional framework for the policy development and implementation, including privatisation of the transport sector, the simplification of procedures for all forms of transport in the region. Article 54 electronic communications and postal services within their respective powers and competences the Contracting Parties shall expand and strengthen cooperation in the following areas: — telecommunications and postal sector policy development and the establishment of guidelines — tariff policy and marketing development of the telecommunications and postal sector, — the transfer of technology and know-how with regard to European technical standards and certification systems, telecommunications and the postal service project development as well as attracting investment, telecommunications and the postal service efficiency and quality improvement, including liberalisation of sub-sectors activities, — advanced telecommunications, particularly in the field of electronic money, network management, telecommunications and it, "Optimization" — an appropriate legislative basis for the creation of the telecommunications and postal services and for the use of radio range-training telecommunications and postal services in the field of operation in market conditions. Article 55 of the financial services and financial institutions 1. specific cooperation aimed at facilitating the involvement of the Republic of Tajikistan in universally accepted systems of mutual settlements. Technical assistance focuses on: — the development of the securities market, — the development of banking services, credit facilities for the development of the common market, the involvement of the Republic of Tajikistan in universally accepted systems of mutual settlements, — the development of insurance services, which would inter alia create a favourable framework for Community companies ' participation in the establishment of joint ventures in the insurance sector in the Republic of Tajikistan, as well as the development of export credit insurance. This cooperation shall in particular contribute to the development of the relations between the Contracting Parties in the financial services industry. 2. the Contracting Parties shall cooperate in developing the fiscal system of the Republic of Tajikistan and the development of financial institutions. This cooperation shall include the exchange of information and experience on financial issues and the training of staff involved in fiscal policy formulation and implementation. Article 56 restructuring and privatisation of recognising that privatisation is of fundamental importance to the sustainable reconstruction of the economy, the Contracting Parties agree to cooperate in order to develop the necessary institutional, legal and methodological basis. Special attention should be given to the arrangements for privatisation process and transparency, exchange of information and experience and appropriate training in the field of investment. Technical assistance focuses on: — the institutional framework of the Government of the Republic of Tajikistan, with which you can define and manage the process of privatisation; -The privatisation of the Government of the Republic of Tajikistan for further development of the strategy, including the legal basis and the development of implementation mechanisms; — to promote progress towards a market economy in relation to land use and ownership; not yet ready for privatisation, enterprise restructuring; — the private undertakings, in particular small and medium-sized enterprises; — Investment Fund. This cooperation shall also aim to encourage community investment in the Republic of Tajikistan. Article 57 regional development 1. the Contracting Parties shall strengthen cooperation on regional development and land-use planning. 2. To this end, the Contracting Parties shall facilitate the exchange of information between national, regional and local authorities on regional and land-use planning policy and on regional policy formulation methods, paying particular attention to the development of less developed areas. They shall also encourage direct contacts between regional Governments and public organizations, which are responsible for regional development planning, with a view to implementing the exchange of information on regional development methods. 58. Article 1 of the cooperation in the social sphere. As regards health protection and safety of the Contracting Parties shall develop cooperation to improve worker health and safety. Cooperation shall include the following in particular:-education and training on health and safety issues, with particular attention to high risk sectors of activity, — the development of preventive measures and promotion, in order to prevent occupational diseases and other work-related diseases — severe accident risk prevention and toxic chemical management, — research on the awareness and understanding of matters related to the work environment and employee health and safety. 2. with regard to employment, the cooperation shall include notably technical assistance related to: — the organisation of the labour market, job placement and counseling services for upgrading, restructuring program planning and implementation, — the promotion of employment at the local level, — exchange of information on the programmes of flexible employment, including programs that encourage self-employment and promoting entrepreneurship. 3. The Contracting Parties, with particular attention to cooperation in the sphere of social protection which, inter alia, cooperation in the Republic of Tajikistan the social protection in the planning and implementation of reforms. This reform aims to develop in the Republic of Tajikistan methods of protection intrinsic to market economies and which cover all forms of social protection. Article 59 tourism expanding, Contracting Parties and develop cooperation, which include: — the promotion of tourism, — the increase in the flow of information, transfer of know-how, — — common action study organisation, — cooperation between official tourism bodies, including the preparation of promotional material, — training for tourism development. Article 60 small and medium enterprises 1. purpose of the parties is to develop and strengthen small and medium-sized enterprises (SMEs) and promote the community and the Republic of Tajikistan SME cooperation. 2. Cooperation shall include technical assistance, in particular in the following areas: — small and medium-sized enterprises for the establishment of a legal framework; — the establishment of an appropriate infrastructure to support SMEs, to promote communication and trade cooperation between SMEs both in the Republic of Tajikistan and beyond, as well as to give SMEs the skills needed to attract funding; -training, accounting and marketing product quality control. Article 61 Information and communication to the contracting parties support the advanced information processing methods, including the media, development, as well as encourage the effective exchange of information. The priority is a program designed to provide the general public with basic information about the community and the Republic of Tajikistan, including, where possible, access to databases, in full respect of intellectual property rights. Article 62 consumer protection the Contracting Parties will begin close cooperation aimed at achieving consumer protection system of mutual compatibility. This cooperation shall include the exchange of information on legal and institutional reforms, permanent mutual information system on dangerous products, the improvement of information provided to consumers especially on prices, characteristics of products and services offered, the development of exchanges between the consumer interest representatives, and the compatibility of consumer protection policies, as well as increase workshop and training time. 63. Article 1 of the Customs Cooperation is intended to ensure compliance with all the provisions scheduled for adoption in connection with trade and fair trade and to achieve the Republic of Tajikistan's customs system closer to that of the community. 2. cooperation shall relate in particular to the following areas: — the exchange of information, improvement of working methods — the combined nomenclature and the single administrative document, the implementation of the simplification of inspections and formalities in respect of the carriage of goods, — support for the introduction of modern customs information systems, — seminars and training periods. Where appropriate, technical assistance is provided. 3. Without prejudice to other cooperation under this agreement, and in particular title VIII, of the parties ' mutual assistance between the administrative authorities of the customs area are provided pursuant to the Protocol annexed to this agreement. Article 64 statistical cooperation cooperation in this area is the development of an efficient statistical system to provide the reliable statistics needed economic reform to support and monitor the process and contribute to the development of private enterprise in the Republic of Tajikistan. The Contracting Parties shall cooperate in the following areas: — the Tajik statistical system to international methods of adaptation, standards and classification, — the exchange of statistical information, the necessary statistical macro-and microeconomic information to implement and manage economic reforms. For this purpose the implementation of the Community shall provide the Republic of Tajikistan with technical assistance. Article 65 economic science the Contracting Parties shall facilitate the process of socioeconomic reform and the coordination of economic policies by cooperating to improve the economic basis for understanding the mechanism, and the development and implementation of market economic policies. To this end, the Contracting Parties shall exchange information on macroeconomic performance and prospects. The Community shall provide technical assistance to help the Republic of Tajikistan in the process of economic reform by providing expert advisory and technical assistance, encourage cooperation among economists, speeding up the exchange of experience in relation to economic policy making, and providing policy relevant research, wide distribution — to enhance the competence of the Republic of Tajikistan to formulate economic models. Title VII cooperation on matters relating to democracy and human rights article 66 the Contracting Parties shall cooperate on all questions relevant to the establishment of democratic institutions or the strengthening of the rule of law, including issues of strengthening and protection of human rights and fundamental freedoms in accordance with international law and OSCE principles. This cooperation takes the form of technical assistance programmes, designed to help particular including legislation and regulations, judicial activities, the strengthening of the role of the State in matters of Justice, the electoral system in action. Technical assistance programmes may include training. The Contracting Parties shall encourage contacts and exchange of national, regional and judicial authorities, parliamentarians and non-governmental organizations. Title VII cooperation in preventing illegal activities and illegal migration prevention and control article 67 Contracting Parties shall establish cooperation aimed at preventing illegal activities, such as: — unlawful activities in the field of Economics, including corruption; -illegal transactions in various goods, including industrial waste and weapons smuggling; — counterfeiting. Cooperation in the above areas based on mutual consultation and close mutual activities. Technical and administrative assistance may be provided in the following areas: — the national legislation project preparation of illegal activities in the field of prevention; — information centres; — the effectiveness of the bodies dealing with the prevention of unlawful action; -staff training and the development of research infrastructures; — the development of mutually acceptable measures aimed at preventing illegal activities. Article 68 Money laundering 1. The Contracting Parties agree that efforts should be made and should cooperate to prevent the use of the financial system to launder money from criminal activities in General and, in particular, offences related to drug trafficking. 2. cooperation in this area shall include administrative and technical assistance against money laundering introduction of suitable standards equivalent to those adopted by the community and international fora in this field, including the financial action task force on money laundering (FATF) issues. Article 69 fight against drug trafficking, the Contracting Parties shall cooperate in order to promote policies and measures of effectiveness and efficiency, resisting drugs and psychotropic substances, supply and trade, including the diversion of precursor chemicals, as well as in promoting drug demand prevention and reduction. For precursor chemicals and other essential substances used in drugs and psychotropic substances, this cooperation is based on the standards adopted by the community and the relevant international institutions such as the chemistry working group (CATF). Cooperation in this area shall be based on mutual consultation and close coordination between the parties on objectives and measures for the eradication of illicit drug trafficking-related areas. 70. Article 1 of the immigration Cooperation. the parties reaffirm the importance they attach to the joint management relating to migration flows between their sites. In order to strengthen their cooperation, the Contracting Parties will launch a general dialogue on all issues related to migration, which also covers the issues of illegal immigration, trafficking of human beings, and that these migration issues should be included in the national socio-economic strategies, which are countries of origin of migrants. 2. cooperation is based on a specific needs assessment conducted in mutual consultation the parties, and it will be implemented in accordance with the applicable national and Community law. The cooperation mainly focused on the following aspects: a) the root causes of migration; (b)) national legislation and practices, the establishment of development of international protection for these countries comply with the 1951 Geneva Convention on the status of refugees, its 1967 Protocol and other regional or international provisions of national law, to ensure "the principle of non-refoulement"; (c) the admission rules) the rights and status of persons, equal treatment of migrants lawfully resident in another country, the integration of these persons, legal education and training of migrants, as well as measures to combat racism and xenophobia; d) effective preventive policy development, the fight against illegal immigration and human trafficking, including studies on how to combat criminal structures and networks dealing with illegal immigration and the organisation of human beings, and protecting victims of such crimes; (e) in the territory of a country) illegally resident persons repatriated, ensuring humane and dignified conditions, including voluntary repatriation of those persons, and the readmission of persons under paragraph 3; f visa), issues identified as being of mutual interest there; g) border control, in particular as regards organisation, training, best practices and other measures implemented in this context and, where appropriate, the supply of equipment, while being aware of this dual-use equipment. 3. in the light of this cooperation aimed at illegal immigration prevention and control, the Contracting Parties agree on the readmission of illegal immigrants. To this end:-the Republic of Tajikistan agrees to take back its citizens illegally staying in a The territory of the Member States of the European Union, upon the latter's request and without further formalities; and each Member State at the request of the Republic of Tajikistan, and without other formalities agrees to readmit any of its nationals illegally present in the territory of the Republic of Tajikistan. The European Union and the Republic of Tajikistan in the end will provide their nationals with appropriate identity documents. The Contracting Parties agree, upon request and as soon as possible to conclude an agreement governing the Republic of Tajikistan, and in particular the Member States of the European Community readmission obligations, including other countries ' nationals and stateless readmission obligations. In this agreement, "the Contracting Parties" means all of the European Community, its Member States and the Republic of Tajikistan. Article 71 fight against terrorism the parties reaffirm the importance of the fight against terrorism and, in accordance with the international conventions and their respective laws and cooperate to prevent and eradicate acts of terrorism. In particular, they shall cooperate fully in implementing the: United Nations Security Council resolution 1373 and other UN resolutions, conventions and other international instruments relating to this issue; — under international and national law, the exchange of information on terrorist groups and their support networks; — and by Exchange of views on means and methods used to counter terrorism, including in technical fields and training, and consultation with the other Contracting Party's experience in the fight against terrorism. Title IX cultural cooperation article 72 the Contracting Parties undertake to promote, encourage and facilitate cultural cooperation. Where appropriate, cooperation may be the subject of the community or of one or more Member States cultural cooperation programmes, and can develop further activities of interest to both parties. Title x financial cooperation article 73 in order to attain the objectives of this agreement and according to 74, 75 and 76. Republic of Tajikistan to the article receives a temporary financial assistance from the community as technical assistance in the form of grants. 74. article to this financial assistance shall be covered by the measures implemented under the programme, TACIS and the community's relevant Council regulation. The Republic of Tajikistan may also receive other Community assistance according to the needs of this country. Special attention should be paid to the concentration of assistance, the coordination of assistance instruments and the link that exists between the various Community humanitarian, rehabilitation and development assistance. Fighting poverty is included in Community programmes. Article 75 of the Community financial assistance objectives and scope determined by the indicative programme reflecting priorities for which the Republic of Tajikistan and the community agree, taking into account the Republic of Tajikistan's needs, sectoral absorption capacities and progress of the reform. The Contracting Parties shall inform the cooperation Council. 76. Article To making optimum use of the resources available, the Contracting Parties shall ensure that Community technical assistance provided in close coordination with the help from other sources, for example, Member States, other countries and international organizations such as the International Monetary Fund, the international bank for reconstruction and development and the European bank for reconstruction and development. Title XI INSTITUTIONAL, General and final provisions article 77 a cooperation Council is hereby established, which monitors the implementation of this agreement. The cooperation Council shall meet regularly at ministerial level, according to the schedule, which it lays down. To achieve the objectives of this agreement, it shall examine any major issues that are part of this agreement, as well as other bilateral or international issues of common interest. The cooperation Council may also formulate appropriate recommendations, to the Contracting Parties by agreement. 78. Article 1. The cooperation Council shall consist of the Council of the European Union and members of the Commission of the European communities, of the one part, and the Government of the Republic of Tajikistan, of the other part. 2. the cooperation Council shall adopt its own rules of procedure. 3. The Office of President of the cooperation Council shall be held alternately by a representative of the community and the Government of the Republic of Tajikistan. 79. Article 1. the cooperation Council shall be assisted in the performance of its duties by a cooperation Committee composed of representatives of the members of the Council of the European Union and the Commission of the European communities on the one hand, and of representatives of the Government of the Republic of Tajikistan on the other, normally at senior civil servant level. The Office of President of the cooperation Council shall be held alternately by the community and by the representative of the Republic of Tajikistan. In its rules of procedure the cooperation Council shall determine the duties of the cooperation Committee, which shall include the preparation of meetings of the cooperation Council, and determine how the Committee shall function. 2. the cooperation Council of any of its powers, may grant Joint Committee, which will ensure continuity between meetings of the cooperation Council. Article 80 the cooperation Council may decide to set up any other body that can assist it in carrying out its duties, and determine its composition, tasks and activities. Article 81 when examining any issue arising within the framework of this agreement in relation to a provision referring to an article of the WTO agreement, the cooperation Council shall take into account to the extent possible the interpretation that is generally given to the article concerned WTO members. Article 82 is hereby established the Parliamentary Cooperation Committee. It is a forum where the Tajik Parliament and the European Parliament (MEPs) are and exchange views, in particular on matters concerning political dialogue at parliamentary level. It determines the frequency of the meetings. 83. Article 1. the Parliamentary Cooperation Committee shall be composed of members of the European Parliament, on the one hand, and the members of the Parliament of the Republic of Tajikistan, of the other part. 2. The Parliamentary Cooperation Committee shall adopt its own internal rules of procedure. 3. the Parliamentary Cooperation Committee shall be presided in turn by the European Parliament and the Tajik Parliament respectively, in accordance with the provisions to be laid down in its rules of procedure. Article 84 the Parliamentary Cooperation Committee may request relevant information regarding the implementation of this agreement from the cooperation Council; The cooperation Council shall provide the Committee with the requested information. The Parliamentary Cooperation Committee shall be informed of the recommendations of the cooperation Council. The Parliamentary Cooperation Committee may make recommendations to the cooperation Council. Article 85 1. Within the framework of this agreement, each Contracting Party undertakes to ensure that the other Contracting Party, the natural or legal persons without discrimination in relation to its own nationals have access to the State of the Contracting Parties to the competent courts and administrative bodies to defend their individual rights and their property rights, including rights related to intellectual, industrial and commercial property. 2. in accordance with their respective powers and competences, the parties:-shall encourage the adoption of arbitration for the settlement of disputes arising out of commercial and cooperation transactions concluded by the community and the Republic of Tajikistan; -agree that where a dispute is submitted to arbitration, the dispute in each Contracting Party may, unless the rules of the Arbitration Centre chosen by the parties provide otherwise, choose its own arbitrator, irrespective of his nationality, and that the presiding third arbitrator or the sole arbitrator may be a citizen of a third State; — recommended operators, by mutual agreement, choose the laws that apply to their contracts; -encourage the use of the arbitration rules developed by the United Nations Commission on international trade law (UNCITRAL), and the use of any arbitration in the country, which signed the Convention on foreign arbitral award recognition and enforcement of judgments, which concluded June 10, 1958 in New York. Article 86, the provisions of this Agreement shall not prevent a Contracting Party in accordance with its responsibilities and powers, take measures: (a)) which it considers necessary to prevent the disclosure of information contrary to its essential security interests; (b)) relating to arms, munitions and war material or other production or marketing, or to research, development or production indispensable for defence purposes, provided that such measures do not impair the conditions of competition in respect of products not intended for specifically military purposes; c) which it considers essential to its own security serious internal disorders, the maintenance of law and order, in time of war or serious international tension constituting threat of war or in order to carry out obligations it has accepted for peace and international security; d) which it considers necessary to respect its international obligations and commitments in the control of dual use industrial goods and technology. 87. Article 1. Areas covered by this agreement and without prejudice to any special provisions contained therein:-the arrangements applied by the Republic of Tajikistan in respect of the Community shall not give rise to any discrimination between the Member States, their nationals or their companies; -The arrangements applied to the community with respect to the Republic of Tajikistan shall not give rise to any discrimination between Tajik nationals, or its companies; 2. paragraph 1 of this article shall not affect the right of Contracting Parties to apply their relevant tax legislation to taxpayers who are not in identical situations as regards their place of residence. Article 88 1. Either Contracting Party may refer to the cooperation Council any dispute relating to the application or interpretation of this agreement. 2. the cooperation Council may settle the dispute by giving the recommendation. 3. If it is not possible to settle the dispute in accordance with paragraph 2 of this article, each Contracting Party may be the appointment of an arbitrator by the news that the two months to appoint a second arbitrator for the purpose of applying this procedure, the community and the Member States shall be deemed to be one party involved in the dispute. The cooperation Council shall appoint a third arbitrator. Arbitrators ' recommendations adopted by a majority. These recommendations shall not be binding upon the Contracting Parties. Article 89 the Contracting Parties agree to consult promptly at the request of either Contracting Party, through appropriate channels, to discuss any matter concerning the interpretation or implementation of this agreement and other relevant aspects of the relations between the parties. The provisions of this article shall not in any way affect or prejudice 12, 88 and 94. article. The cooperation Council may establish procedures for the settlement of disputes. 90. Article state that the Republic of Tajikistan under this Agreement shall in no case be more favourable than that granted by Member States to each other. Article 91 for the purposes of this agreement, "the Contracting Parties" means the Republic of Tajikistan, on the one hand, and the community or the Member States, or the community and the Member States in accordance with their respective powers, on the other hand. 92. article in so far as matters covered by this agreement are covered by the Energy Charter Treaty and protocols thereto, upon entry into force apply to the Energy Charter Treaty and its Protocol relating to such matters but only to the extent that such application is provided for therein. Article 93 this Agreement shall be concluded for an initial period of two years, after which the agreement shall be automatically renewed from year to year, unless one of the Contracting Parties, notifying in writing, it is not denounced six months before its expiry date. 94. Article 1 the Contracting Parties shall take any general or specific measures required to fulfil their obligations under this agreement. The Contracting Parties shall ensure that the objectives set out in the agreement. 2. If either Contracting Party considers that the other Contracting Party has failed to fulfil its obligations under this agreement, it may take appropriate measures. Except in cases of special urgency, it shall supply the cooperation Council with all relevant information required for a thorough examination of the situation, to find a solution acceptable to the Contracting Parties. The selection of these measures, priority must be given to those which least disturb the functioning of the agreement. At the request of the other Contracting Party shall notify such measures to the cooperation Council. Article 95 of this agreement I, II, III and IV together with the Protocol shall form an integral part of this agreement. 96. Article While not been granted equal rights for persons and companies in accordance with this agreement, this Agreement shall not affect the rights granted to them by the agreements binding one or more Member States, of the one part, and the Republic of Tajikistan, of the other part, except the areas falling within Community competence and without prejudice to the obligations of the Member States resulting from this agreement, the areas within their competence. Article 97 this Agreement shall apply to the territories in which the Treaty establishing the European Economic Community and the European Atomic Energy Community, under the aforementioned provisions of the treaties, of the one part, and the Republic of Tajikistan, of the other part. Article 98 is the depositary of this agreement the Secretary-General of the Council of the European Union. Article 99 the original of this agreement, drawn up in the English, Czech, Danish, French, Greek, Dutch, Hungarian, Italian, Latvian, Lithuanian, Polish, Portuguese, Slovak, Slovenian, Spanish, Swedish and Tajik languages, be deposited with the General Secretariat of the Council of the European Union; each of these texts being equally authentic. Article 100 this Agreement shall be approved by the Contracting Parties in accordance with their own procedures. This agreement shall enter into force on the first day of the second month following the date on which the Contracting Parties notify the Secretary-General of the Council of the European Union, the completion of the procedures referred to in the first paragraph. With the entry into force, this Agreement shall replace the European Economic Community and the European Atomic Energy Community and the Union of Soviet Socialist Republics agreement on trade and trade and economic cooperation, signed in Brussels on 18 December 1989, in so far as that agreement relates to the community and the Republic of Tajikistan. 101. Article If not complete procedures necessary for the entry into force of the agreement, but some part of the implementation of this agreement through a community initiated and of the Republic of Tajikistan of the interim agreement, the Contracting Parties agree that, in such circumstances, the term "date of entry into force of the agreement" shall mean the date of entry into force of the interim agreement.
Hecho en Luxemburg, el de octubr-once del DOS mil Cuatro.
Lucemurk v DNI jedenáctéh říjn of the MS of the tisíc čtyř.
Udfærdige i den elevt of October the Luxembourg tusind og fire.
Geschehen zu Luxemburg am elften Oktober zweitausendundvier.
The tuhand is not a ljand Kah aast's oktoobriku üheteistkümnendal päeval of Luxembourg.
΄Εγινε στις ένδεκα Λουξεμβούργο, στ Οκτωβρίου δύο the χιλιάδες τέσσερα.
Done at Luxembourg on the eleventh day of October in the year two thousand and four.
Fait à Luxembourg, le deux Mille in octobr Onza of Quatre.
Fatt (a) Lussembourg, ', ottobr, undic-add duemilaquattr.
In Luxembourg, two thousand of the fourth year, the eleventh of October.
Priimt tūkstanči of the ketvirtų of du vienuoliktą dieną Liuksemburg metų the spali.
Kel Luxembourgban, a kétezer-not a gyedik év havának október tizenegyedik napján.
Magħmul fil-Lussemburg file-ħdax-il-' ta Ottubr you of ancient elfejn u erbgħ fis-Luxemburg, de is Gedaan te elfd oktober tweeduizendvier.
Sporządzon-w dnia jedenasteg the Luxembourg arm dwutysięczneg-czwarteg październik.
Luxemburg, em em appoints Pieter Feith Onza de Outubr de DOIs mil e Quatro.
Jedenásteh of the októbr of Luxemburg v dvetisícštyr.
V Luxembourg, enajsteg DVA tisoč štir October.
Tehty Luxemburgiss yhdentenätoist päivänä lokakuut of the vuonn of the kaksituhattaneljä.
SOM i Luxemburg den skedd elft in October tjugohundrafyr.
Созишнома дар шаxри Ин Люксембург октябри имзо расид соли 2004 ба 11.
In the final act, persons authorised by the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland, of the Treaty establishing the European Community and the European Atomic Energy Community are Contracting Parties to the Treaty establishing the , hereinafter referred to as "Member States", and the European Community and the European Atomic Energy Community, hereinafter referred to as ' the Community ', of the one part, persons authorised by the Republic of TAJIKISTAN, of the other part, meeting in Luxembourg, 11 October 2004, for the signature of the partnership and cooperation agreement between the European communities and their Member States, of the one part, and the Republic of Tajikistan, of the other part, hereinafter referred to as ' the agreement ', have adopted the following texts: the agreement including its annexes and the following protocol : Protocol on mutual administrative assistance in the customs field. The Member States and of the community and the Plenipotentiaries of the Republic of Tajikistan the Plenipotentiaries have adopted the joint declarations listed below and annexed to this final act: Joint Declaration on personal data Joint Declaration on article 5 of the agreement, the Joint Declaration on article 13 of the agreement, the Joint Declaration on the concept of "control" in article 22 (b)) and article 33 of the Joint Declaration on article 32 of the agreement, the Joint Declaration on article 39 of the agreement, the Joint Declaration on article 94 of the agreement. The Member States and of the community and the Plenipotentiaries of the Republic of Tajikistan the Plenipotentiaries have taken note of the Commission's and the Council of the European Union Declaration on the clause concerning the return of illegal immigrants and readmission (article 70) annexed to this final act. The Member States and of the community and the Plenipotentiaries of the Republic of Tajikistan are also taken note of the following exchanges of letters annexed to this final act: the community and the Republic of Tajikistan of the exchange of letters in relation to the establishment of companies. The Member States and of the community and the Plenipotentiaries of the Republic of Tajikistan are among others, taken note of the following declaration annexed to this final act: Declaration by the French Government.   Joint Declaration On Personal Data In Application Of This agreement, the Contracting Party is aware of the need to protect those people compliance matters related to the processing of personal data and on the free movement of such data. Joint Declaration on article 5 If the Contracting Parties agree that circumstances warrant meetings at the highest level, such meetings may be held specifically for this purpose. Joint Declaration on article 13, until the Republic of Tajikistan accedes to the WTO, the Contracting Parties shall hold consultations in the cooperation Council of the Republic of Tajikistan's import policy, including changes in tariff protection. In particular, such consultations prior to the increase of tariff protection. Joint Declaration CONCERNING the notion of "control" in article 22 (b)) and article 33 (1). The Contracting Parties declare their mutual understanding that the question of control depends on the particular factual circumstances of the case. 2. As such, it is considered that a company controlled by another company or, where appropriate, of its subsidiary, if — the company directly or indirectly owns a majority or, this company has the right to appoint or dismiss a majority of the administrative organ, of the management organ or of the supervisory organ, and is at the owner of the subsidiary or member. 3. the Contracting Parties consider that the criteria referred to in paragraph 2 of the list is not final. Joint Declaration on article 32 it one that some party individuals need a visa and that other parties, people do not need a visa, it cannot be regarded as cancellation or impairment of benefits, which have been granted in accordance with the specific obligations. Joint Declaration on article 39 of the Contracting Parties agree that for the purposes of this agreement, intellectual, industrial and commercial property includes in particular protection of copyright and related rights, including the copyright to computer software, patents, drawings and industrial designs, geographical indications, including the designation of origin, trade marks and service marks, topographies of integrated circuits as well as protection against unfair competition as referred to in article 10A of the Paris Convention for the protection of industrial property and information on available know-how protection. Joint Declaration on article 94 1. the Contracting Parties agree that, in order to properly interpret and apply in practice, the term "cases of special urgency" included in article 94 of the agreement means cases where one Contracting Party significantly violates this agreement. Substantial infringement of the agreement is a) repudiation of the agreement not sanctioned by the General rules of international law; or (b) in article 2 of the agreement) sets out the essential elements of adultery. 2. The Contracting Parties agree that article 94 of the said "appropriate measures" means measures taken in accordance with international law. If the Contracting Party shall take measures in cases of special urgency as provided for in article 94, the other party may not be used in dispute settlement proceedings. The Commission and the Council of the European Union's Declaration on the return of illegal immigrants and readmission (70) article 70 of the agreement shall be without prejudice to the internal division of powers between the community and its Member States for the conclusion of a readmission agreement.   The European Community and the Republic of TAJIKISTAN of the exchange of letters on the creation of the COMPANY a. Letter from the Government of Tajikistan, dear Sir, I have the honour to refer to the 2003 initialled on 16 December of the partnership and cooperation agreement. If in the course of the conversation, I emphasized that the Republic of Tajikistan in the Community companies that create and carry out their business in Tajikistan, granting benefits in many ways. I explained that such measures are expressing the will of Tajikistan as much as possible to promote the establishment of Community companies in the Republic of Tajikistan. In this context, I would suggest you confirm that during the period from the date of initialling of this agreement up to the date of entry into force of the relevant articles on the establishment of companies, the Republic of Tajikistan, contrary to what was the situation of the initialling of this agreement on the date of taking measures or rules that might lead to discrimination or to exacerbate the already existing discrimination against Community companies unlike the Tajik companies or to companies of third countries. I should be grateful if you would confirm that you have received this letter. Accept the assurances of my highest consideration.

The Government of the Republic of Tajikistan in b. Letter from the European Community Sir, thank you for your letter of today's date, which reads as follows: "I have the honour to refer to the 2003 initialled on 16 December of the partnership and cooperation agreement. If in the course of the conversation, I emphasized that the Republic of Tajikistan in the Community companies that create and carry out their business in Tajikistan, granting benefits in many ways. I explained that such measures are expressing the will of Tajikistan as much as possible to promote the establishment of Community companies in the Republic of Tajikistan. In this context, I would suggest you confirm that during the period from the date of initialling of this agreement up to the date of entry into force of the relevant articles on the establishment of companies, the Republic of Tajikistan, contrary to what was the situation of the initialling of this agreement on the date of taking measures or rules that might lead to discrimination or to exacerbate the already existing discrimination against Community companies unlike the Tajik companies or to companies of third countries. I should be grateful if you would confirm that you have received this letter. " I confirm that I have received this letter. Accept the assurances of my highest consideration.

On behalf of the European Community attached a list of documents in annex I indicative list of benefits the Republic of Tajikistan has granted the independent States in accordance with paragraph 3 of article 7.

Annex II Community reservations in accordance with article 21, paragraph 2.

Annex III paragraph 3 of article 23 of these financial services.

Annex IV referred to in article 39 of the agreement, conventions on intellectual, industrial and commercial property.

Protocol on mutual administrative assistance in the customs field. Annex I indicative list of BENEFITS the Republic of Tajikistan has granted the independent States in accordance with article 7 paragraph 3 1. Republic of Belarus, the Republic of Kazakhstan, the Republic of Kazakhstan, the Russian Federation: customs duties are not applied. 2. Taxes imposed on goods not carried under agreements on industrial cooperation with CIS countries. 3. All CIS countries recognise the series production of the certificate of compliance, on the basis of which national certificate of compliance. 4. All the States of the CIS is a special case of the current payment system. 5. in the case of All CIS countries have special conditions of transit, as agreed. Annex II Community reservations in accordance with article 21, paragraph 2 of the mining companies in some Member States, which are not controlled by the community, may be required for mining concession rights and mineral rights. Fishing access to biological resources and fishing grounds situated in the Member States of the community the sovereignty or jurisdiction of sea waters, as well as the following resources or fisheries is designed for fishing vessels flying the flag of a Community Member State and registered in Community territory unless otherwise specified. Acquisition of immovable property real estate purchases by non-member companies, individual Member States are regulated. Audiovisual services including radio national treatment issues associated with the preparation and dissemination, particularly radio broadcasting and other forms of public service broadcasting, provides audiovisual works meeting certain origin criteria, but in this mode does not include the transmission of such audiovisual work intended for radio broadcast infrastructure. Professional Services Such natural persons for services that are nationals of the Member States. Under certain conditions those persons may form companies. Farming in some Member States national treatment is not applicable outside Community control for existing companies that want to create an agricultural company. For companies located outside the community control, would buy the vineyards have to follow a specific notification procedure or, as the case may be, require a specific permit. Press Agency services in some Member States, the participation of foreign companies in the publishing house or a television or radio broadcasting undertakings is limited. Annex III financial services referred to in article 23, paragraph 3, the term "financial service" means any service of a financial nature offered by a contracting party service providers providing such services. It covers the following areas: (A) all insurance services and similar activities 1. Direct insurance (including co-insurance): i) the life insurance, non-life insurance ii). 2. Reinsurance and retrocession 3. Insurance intermediaries, such as insurance brokers and insurance agents. 4. Services auxiliary to insurance, such as consultancy, actuarial, risk assessment and claim settlement: b. banking and other financial services (excluding insurance) 1. Deposits and other repayable funds from the public. 2. lending of all types, including consumer credit, mortgage credit, factoring and financing of commercial transaction. 3. Financial leasing. 4. All payment and money transmission services, including credit and debit cards, travellers cheques and bankers ' drafts. 5. Warranties and liabilities. 6. Trading on own account or on behalf of clients, either the stock market or over-the-counter market or otherwise, with: a) money market instruments (including cheques, bills, certificates of deposits, etc.); (b) foreign currencies); c) derivative products including, but not limited to, futures contracts or option contracts; d) Exchange and interest rate instruments, including products such as swaps, forward rate agreements shall be etc.; e) transferable securities; f) other negotiable instruments and financial assets, including bullion. 7. participation in all kinds of securities, including underwriting and placement as agent, (publicly or privately) and provision of services related to such issues. 8. Money brokering. 9. Asset Management, including cash or portfolio management, all forms of collective investment management, pension fund management, deposit and trust management services. 10. Financial assets interbank clearing and settlement, including securities, derivative products, and other negotiable securities. 11. Advisory intermediation and other financial services in connection with all the actions referred to in paragraphs 1 to 10, including the credit database, and credit analysis, investment and portfolio analysis and advice, advice on acquisitions and on corporate restructuring and strategy. 12. financial information and broadcasting, and financial data processing and related software by suppliers of other financial services. Definition of financial services does not apply to the following activities: (a)) by central banks or by any other public authority in accordance with the monetary and exchange policy; (b)) the activities carried out in the central banks, government agencies or departments, or public institutions or by Government guarantees of the Government, except when those activities may be carried out by financial service providers in competition with such national institutions; c) transactions that have social security or the national pension program, the statutory part of the system, except when those activities may make financial service providers in competition with public or private institutions. Annex IV referred to in article 39 of the agreement, conventions on intellectual, industrial and commercial property ' 1. Article 39 of the agreement, paragraph 2 concerns the following multilateral conventions: the International Convention on phonograms the producer izpildītājmāksliniek, and protection of the rights of broadcasting organizations (Rome, 1961); — Protocol annexed to the Madrid Agreement concerning the international registration of marks (Madrid, 1989); – International Convention for the protection of new varieties of plants (Geneva Act, 1991). 2. the cooperation Council may recommend that paragraph 2 of article 39 shall apply to other multilateral conventions. If in the area of intellectual, industrial and commercial property have problems in the above Community acts and affecting trading conditions of community or Tajik request immediate consultation, with a view to reaching mutually satisfactory solutions. 3. the Contracting Parties declare that they attach great importance to the obligations arising from the following multilateral conventions:-Paris Convention for the protection of industrial property (Stockholm Act, 1967 and amended in 1979); -Patent Cooperation Treaty (Washington, 1970, amended in 1979 and changes in 1984); -Revised Berne Convention for the protection of literary and artistic works (1886 Lastly with the latest, and amended in 1979); -Trademark Law Treaty (Geneva, 1994). 4. With the entry into force of this agreement, the Republic of Tajikistan with regard to Community companies and nationals in the context of the recognition and protection of intellectual, industrial and commercial property, treatment no less favourable provided as to any third country under bilateral agreements. 5. paragraph 4 of this annex shall not apply to advantages granted by the Republic of Tajikistan to any third country on the basis of mutual benefit, or to the benefits that the Republic of Tajikistan to a country of the former USSR.

Protocol on mutual administrative assistance in customs matters in article 1 definitions for the purposes of this Protocol, the following terms shall have the following meanings: a) "customs legislation" shall mean all the law or regulatory provisions applicable in the territories of the Contracting Parties with regard to the import, export and transit of goods, as well as all customs regimes and procedures that apply to them, including measures of prohibition, restriction and control; b) "applicant authority" shall mean a competent administrative authority which has been appointed by a Contracting Party for this purpose and which makes a request for assistance in customs matters; c) "requested authority" shall mean a competent administrative authority which has been appointed by a Contracting for this purpose and which receives a request for assistance in customs matters; d) "personal data" shall mean all information relating to an identified or identifiable natural person; e) "operation in breach of customs legislation ' means infringements of customs rules or infringement attempts. Article 2 scope 1. the Contracting Parties shall assist each other, in the areas within their competence, in accordance with the procedure and under the conditions provided for in this Protocol, to ensure that customs legislation is correctly applied, in particular by preventing, investigating operations in breach of such legislation and called to account for them. 2. Assistance, in customs matters, as provided for in this Protocol, applies to any administrative authority of the parties which is competent for the application of this Protocol. It shall not prejudice the rules governing mutual assistance in criminal matters. Nor does it cover information obtained under powers exercised at the request of the judicial authorities, unless the said authority permits the provision of such information. Article 3 assistance on request 1. at the request of the applicant authority, the requested authority shall provide it with all information to help to ensure compliance with customs legislation, including information regarding operations noted or planned which are or could be in breach of such legislation. 2. at the request of the applicant authority, the requested authority shall inform it on the following issues: (a)) whether goods exported from the territory of one of the Contracting Parties have been properly imported to the territory of the other Contracting Party, specifying, where appropriate, the customs procedure applied to the goods; (b)) or goods imported into the territory of one of the Contracting Parties are exported from the territory of the other Contracting Party, specifying, where appropriate, the customs procedure applied to the goods; 3. at the request of the applicant authority, the requested authority shall, in accordance with their national legal system and regulatory framework take the necessary steps to ensure special surveillance of: (a)) legal or natural persons, of whom there are reasonable grounds for believing that they carry out or have carried out operations in breach of customs legislation; (b)) places where goods have been or may be assembled items in such a way that there are reasonable grounds for believing that they are intended to be used as items to activities which are in breach of customs legislation; (c)) goods that may be transported in or that there are reasonable grounds for believing that they are intended to be used in operations in breach of the other Contracting Party, the customs legislation; d) means of transport for which there are reasonable grounds for believing that they have been or may be used in operations in breach of customs legislation. Article 4 spontaneous assistance by the Contracting Parties on their own initiative or in accordance with their laws, rules and other legal instruments, provide each other with assistance without prior request if they consider that to be necessary for the correct application of customs legislation, particularly when they obtain information pertaining to operations which are or may be operations in breach of customs legislation and which may be of interest to the other Contracting Party -new means or methods used to perform such operations in breach of customs legislation,-goods known to be subject to operations in breach of customs legislation,-legal or natural persons, of whom there are reasonable grounds for believing that they are involved or have been involved in operations in breach of customs legislation,-the means of transport for which there are reasonable grounds to believe that they have been, are or may be used in operations in breach of customs legislation. Article 5 transmission of the notification by request of the applicant authority, the requested authority shall, in accordance with the relevant laws and take all necessary measures to-deliver all documents,-to notify all decisions, which the author has the applicant authority and falling within the scope of this Protocol to an addressee, residing or established in the territory of the requested authority. In this case, requests to send documents or to announce decisions apply paragraph 3 of article 6. Article 6 request for assistance form and content 1. Requests pursuant to this Protocol shall be submitted in writing. They shall be accompanied by the documents necessary for the response. When you need urgent help, you can accept oral requests for assistance, but must be confirmed in writing as soon as possible. 2. in accordance with paragraph 1 of this article requests submitted shall contain the following information: a) the applicant authority making the request, (b)) the measure requested, c) purpose and reason, d) relevant legislation, rules and other legal elements, e) accurate and complete instructions on the natural or legal persons being the target of the investigations, f) a summary of the relevant facts, and if the investigations. 3. the application shall be submitted to the official language of the requested authority or in a language accepted by that authority. 4. If the application does not meet the test of here the formal requirements, its correction or completion may be requested; While you can impose security measures. Article 7 execution of Requests 1. To comply with the request for assistance, the requested authority shall, within the limits of its competence and available resources as though acting on its own initiative or at the same of the other Contracting Parties, at the request of the authorities continue the already existing information, by carrying out appropriate enquiries or support this measure. This provision shall also apply to any other authority to which the application requested authority when it can't handle one, according to the Protocol, has sent such a request. 2. Requests for assistance shall be executed in accordance with the Contracting Parties of the laws, rules and other legal instruments. 3. Duly authorised officials of a Contracting Party to the agreement of the other Contracting Party and within the conditions laid down by the latter from the offices of the requested authority or other authority for which the requested authority is responsible, the requesting authority may be obtained for the purposes of this Protocol, the necessary information on violation of the customs legislation. 4. Duly authorised officials of a Contracting Party to the agreement of the other Contracting Party in accordance with its rules may participate in investigations conducted in the territory of the other Contracting Party. Article 8 notification of information type 1. The requested authority shall notify the applicant authority on the results of the investigation documents, certified copies of documents, reports and the like. 2. in paragraph 1 of this Protocol documents can be replaced with the same purpose prepare a computerized information. 3. Original documents shall be transmitted only upon request in cases where certified copies would be insufficient. Original documents shall be sent back as soon as possible. Article 9 exceptions to the obligation to provide assistance 1. Contracting Parties may refuse to give assistance as provided for in this Protocol, if such assistance a) be likely to prejudice the Tajikistan Republic or of a Member State having requested to provide assistance under this Protocol, the sovereignty; or (b)) could endanger the public order, security or other essential interests, in particular in article 2, in the cases referred to in paragraph; or c) divulge industrial, commercial or professional secret. 2. assistance may be postponed by the requested authority, if it would impede an ongoing investigation, prosecution or Court of responsibility for the process. In such a case, the requested authority shall consult with the applicant authority to determine if assistance can be given subject to such terms, you can develop the requested authority. 3. where the applicant authority asks for assistance which it would itself be unable to provide such assistance if it is requested, it shall draw attention to that fact in its request. Then the application requested authority to decide how to respond to such a request. 4. If assistance is refused, the decision and the reasons must be immediately notified to the applicant authority. Article 10 information exchange and confidentiality 1. Any information provided pursuant to this Protocol shall be of a confidential or restricted nature, depending on the Contracting Parties to existing rules, any way it would be provided. It shall be covered by the obligation of official secrecy and shall enjoy the protection extended to similar information under the relevant laws of the Contracting Party which received it and the corresponding provisions applying to the Community authorities. 2. the data exchanged only where the receiving Contracting Party undertakes to provide the following data for at least the same level of protection applies in this particular case the Contracting Party, which shall be submitted. 3. Information obtained shall be used solely for the purposes of this Protocol. If one of the Contracting Parties wishes to use such information for other purposes, it shall ask for the prior written consent of the authority which provided the information. Such use shall then be subject to any restrictions laid down by that authority. 4. paragraph 3 shall not preclude the use of this information in judicial or administrative proceedings instituted for infringement of customs legislation. For such use shall immediately notify the competent authority which supplied that information. 5. the Contracting Parties may, in their records of evidence, reports and testimonies and in proceedings and charges brought before the courts, use as evidence in accordance with the provisions of this protocol information obtained and documents. Article 11 experts and witnesses 1. Within the limits of the powers conferred on it by the application of a requested authority may be authorized to the expert or witness in judicial or administrative proceedings relating to the matters covered by this Protocol and is under the jurisdiction of the other Contracting Party, and produce such objects, documents or certified copies thereof, as may be necessary in the relevant judicial or administrative process. The request must specify the Court or administrative authority the official will be presenting on what matters and by virtue of a title or qualification the official will be questioned. 2. The applicant authority shall receive the protection of officials in the territory, which it provides to its officials, according to the legislation in force. Article 12 Assistance expenses the Contracting Parties shall waive all claims for the reimbursement of expenses incurred pursuant to this Protocol, except, as appropriate, for expenses to experts and witnesses and to interpreters and translators who are not public service employees. Article 13 implementation 1. Tajikistan This Protocol shall be entrusted to the Central Customs authorities of the Republic of, on the one hand and the competent services of the Commission of the European communities and, where appropriate, the Customs authorities of the Member States, of the other part. They shall decide on the application of this Protocol to all necessary practical arrangements, taking into consideration the rules in force in the field of data protection. They may recommend to the competent bodies amendments which they consider should be made to this Protocol. 2. The Contracting Parties shall consult each other and subsequently keep each other informed about the implementation of the provisions adopted in accordance with the provisions of this Protocol. Article 14 other agreements 1. taking into account the respective competencies of the European Community and the Member States, the provisions of this Protocol-not affect the obligations of the Contracting Parties under any international agreement or Convention; -are considered in addition to the provisions of the agreements on mutual assistance which have been concluded or may be concluded between individual Member States and the Republic of Tajikistan and-not affect the provisions governing the competent services of the Commission and the competent authorities of the Member States relating to the communication of information obtained under this agreement which could be of Community interest. 2. Notwithstanding the provisions of paragraph 1, the provisions of this Protocol are too over provisions resulting from the bilateral agreements on mutual assistance which have been or may be concluded between the Member States and the Republic of Tajikistan insofar as their provisions are incompatible with the provisions of this Protocol. 3. In respect of questions relating to the application of this Protocol, the Contracting Parties shall consult each other to resolve these issues in the cooperation Committee established under article 79 of the agreement.

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