Kazakhstan — Schedule of Specific Commitments on Services; List of Article II MFN Exemptions

en · official · sha256:2d776a56c5019be87204621927b51b2976884269c5e5c474f7e956c59448c8ce

(i) Direct insurance (including co- insurance): - 18 - (A) Life (1), (2) Unbound, except for the following: (1), (2) Unbound, except as indicated in the (B) Non-life upon 3 years following Kazakhstan's column "Limitations on market access". accession to the WTO, none only with respect to the insurance risks related to maritime transportation services (except for vessels supplying solely or permanently cabotage transportation services) and commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods and any liability arising therefrom. (3) None, except for the following: (3) None, except as indicated in the column - Commercial presence is allowed only "Limitations on market access" and, in the form of a juridical person of - A day – to –day activity of a branch Kazakhstan through establishment of must be managed by at least two a joint-stock company. residents of the Kazakhstan. Upon expiration of the 5-year period starting from the date of Kazakhstan's accession to the WTO commercial presence will also be allowed through establishment of direct branches. Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments Upon that, Kazakhstan shall not be prevented from taking measures such as follows: - The minimum amount of total assets of the non-resident insurance organization, which has submitted application for opening of a branch, must be not less than 5 billion US dollars. - Branches of the non-resident insurance companies are allowed to provide insurance services in certain sectors (life insurance or non – life insurance) and classes of insurance only if parent non – resident companies have at least 10 year WT/ACC/KAZ/93/Add.2 experience in those sectors and classes. (4) Unbound, except as indicated in Part I (4) Unbound, except as indicated in Part I - 19 - "Horizontal Commitments". "Horizontal Commitments".

Referencing norms: A-I-CI-1-MA-1, A-I-CI-1-MA-2, A-I-CI-1-MA-3, A-I-CI-2-MA-1, A-I-CI-2-MA-2, A-I-CI-2-MA-3, A-I-COV-1, A-I-COV-2, A-I-LIM-3-MA-1, A-I-LIM-3-MA-2, A-I-LIM-3-MA-3, A-I-LIM-3-MA-4, A-I-LIM-3-MA-5, A-I-LIM-3-NT-1, A-I-RES-AST-1, A-I-RES-AST-2, A-I-ST-1-MA, A-I-ST-1-NT, A-I-ST-2-MA, A-I-ST-2-NT, A-I-ST-3-MA, A-I-ST-3-NT, A-I-ST-4-MA, A-I-ST-4-NT, CellCarveInAfterWindowFromRow, DatedCarveInEffectiveAfterWindow, ParentExperienceSufficient, ReservedAssetFloorNamed, SpecialRiskWindowOpen, TR-MATCH-3

en · official · sha256:206052b9cace149a77af73d3d7cf32338f0cb7f803047f0205c1bd826b1275f7

(ii) Reinsurance and retrocession (1), (2) None, except for: (1), (2) None, except as indicated in the column - Aggregate amount of insurance "Limitations on market access". premiums paid by cedent to reinsurance organizations-non- residents of the Republic of Kazakhstan with the deduction of commission charges received by cedent from them, must not exceed 85% of the aggregate amount of insurance premiums received under insurance contracts (taking into account payments to reinsurance organizations) by the end of full financial year. - upon 3 years following Kazakhstan's accession to the WTO above mentioned limitation will not be applied to the risks related to maritime transportation services (except for vessels supplying solely or permanently cabotage transportation services) and commercial aviation and space launching and freight (including satellites), with such insurance to Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments cover any or all of the following: the goods being transported, the vehicle transporting the goods and any liability arising therefrom. (3) None, except for the following: (3) None, except as indicated in the column - Commercial presence is allowed only "Limitations on market access", and in the form of a juridical person of - A day–to–day activity of a branch must Kazakhstan through establishment of be managed by at least two residents of a joint-stock company. the Kazakhstan. Upon expiration of the 5-year period starting from the date of Kazakhstan's accession to the WTO commercial presence will also be allowed through establishment of direct branches. Upon that, Kazakhstan shall not be prevented from taking measures such as WT/ACC/KAZ/93/Add.2 follows: - The minimum amount of total assets of the non-resident insurance organization, which has submitted - 20 - application for opening of a branch, must be not less than 5 billion US dollars. - Branches of the non - resident reinsurance companies are allowed to provide reinsurance services only if parent non – resident companies have at least 10 year experience in reinsurance. (4) Unbound, except as indicated in Part I (4) Unbound, except as indicated in Part I "Horizontal Commitments". "Horizontal Commitments". Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments

Referencing norms: A-II-CI-1-MA-1, A-II-CI-1-MA-2, A-II-CI-1-MA-3, A-II-COV-1, A-II-LIM-1-MA, A-II-LIM-2-MA, A-II-LIM-3-MA-1, A-II-LIM-3-MA-2, A-II-LIM-3-MA-3, A-II-LIM-3-MA-4, A-II-LIM-3-MA-5, A-II-LIM-3-NT-1, A-II-RES-AST, A-II-ST-1-MA, A-II-ST-1-NT, A-II-ST-2-MA, A-II-ST-2-NT, A-II-ST-3-MA, A-II-ST-3-NT, A-II-ST-4-MA, A-II-ST-4-NT, CessionExceedsCap, CessionWithinCap, ParentExperienceSufficient

en · official · sha256:9a7710f60ac36d1faf1b790ca197e41f97966599056de2debd46a9a0d87e99e9

(iii) Insurance intermediation, such (1), (2) Unbound, except for the following: (1), (2) Unbound, except as indicated in the as brokerage and agency (a) none for the insurance of civil and legal column "Limitations on market access". responsibility of motor vehicle owners, who are traveling abroad; (b) upon 3 years following Kazakhstan's accession to the WTO, none only with respect to the insurance risks related to maritime transportation services (except for vessels supplying solely or permanently cabotage transportation services) and commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods and any liability arising therefrom; (c) reinsurance. WT/ACC/KAZ/93/Add.2 (3) None, except for the following: (3) None, except as indicated in the column - Commercial presence is allowed only "Limitations on market access". in the form of a juridical person of Kazakhstan through establishment of - 21 - a joint – stock company or limited liability company. Upon expiration of the 5-year period starting from the date of Kazakhstan's accession to the WTO commercial presence will also be allowed through establishment of direct branches. (4) Unbound, except as indicated in Part I (4) Unbound, except as indicated in Part I "Horizontal Commitments". "Horizontal Commitments".

Referencing norms: A-III-CI-1-MA-A, A-III-CI-1-MA-B1, A-III-CI-1-MA-B2, A-III-CI-1-MA-B3, A-III-CI-1-MA-C, A-III-CI-2-MA-A, A-III-CI-2-MA-C, A-III-COV-1, A-III-LIM-3-MA-1, A-III-LIM-3-MA-2, A-III-LIM-3-MA-3, A-III-ST-1-MA, A-III-ST-1-NT, A-III-ST-2-MA, A-III-ST-2-NT, A-III-ST-3-MA, A-III-ST-3-NT, A-III-ST-4-MA, A-III-ST-4-NT, UndatedCarveInEffectiveThroughout

en · official · sha256:1bc9cf8f9ff45766cb1fecc9fe8b6113ab38cca725f9ddda7c99eb894bd5bb11

(iv) Services auxiliary to insurance, (1) None. (1) None. such as consultancy, actuarial, (2) None. (2) None. risk assessment and claim (3) None. (3) None. settlement services. (4) Unbound, except as indicated in Part I (4) Unbound, except as indicated in Part I "Horizontal Commitments". "Horizontal Commitments".

Referencing norms: A-IV-COV-1, A-IV-ST-1-MA, A-IV-ST-1-NT, A-IV-ST-2-MA, A-IV-ST-2-NT, A-IV-ST-3-MA, A-IV-ST-3-NT, A-IV-ST-4-MA, A-IV-ST-4-NT

en · official · sha256:b7f5a31dec8aa12627f85cb93ff9e45b1018a169f4017f695170a742f34c6c42

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

en · official · sha256:48d871fa2fa68575810babc7434b2b5b77b0de191fe7f2ae9885b5b04cd51b36

(v) Acceptance of deposits and (1) Unbound. (1) Unbound. other repayable funds from the (2) None. (2) None. public (3) None, except for the following: (3) None, except as indicated in the column (vi) Lending of all types, including - Commercial presence is allowed in "Limitations on market access", and consumer credit, mortgage the form of a juridical person of - A day – to –day activity of a branch credit, factoring and financing Kazakhstan through establishment of must be managed by at least two of commercial transactions a joint-stock company. residents of the Kazakhstan. Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments (vii) Financial leasing Upon expiration of the 5-year period starting from the date of Kazakhstan's (viii) All payment and money accession to the WTO commercial transmission services, including presence will also be allowed through credit, charge and debit cards, establishment of direct branches. travelers' cheques and bankers drafts. Upon that, Kazakhstan shall not be (ix) Guarantees and commitments prevented from taking measures such as follows: - The minimum amount of total assets of the non-resident bank, which has submitted the application for opening of a branch, must be not less than 20 billion US dollars. - The minimum amount of deposit, which can be accepted from natural persons by foreign bank branches WT/ACC/KAZ/93/Add.2 must be not less than 120,000 US dollars. (4) Unbound, except as indicated in Part I (4) Unbound, except as indicated in Part I - 22 - "Horizontal Commitments". "Horizontal Commitments".

Referencing norms: B-V-COV-1, B-V-COV-2, B-V-COV-3, B-V-COV-4, B-V-COV-5, B-V-LIM-3-MA-1, B-V-LIM-3-MA-2, B-V-LIM-3-MA-3, B-V-LIM-3-MA-4, B-V-LIM-3-MA-5, B-V-LIM-3-NT-1, B-V-RES-AST-1, B-V-RES-AST-2, B-V-RES-AST-3, B-V-RES-AST-4, B-V-RES-AST-5, B-V-RES-DEP-1, B-V-RES-DEP-2, B-V-RES-DEP-3, B-V-RES-DEP-4, B-V-RES-DEP-5, B-V-ST-1-MA, B-V-ST-1-NT, B-V-ST-2-MA, B-V-ST-2-NT, B-V-ST-3-MA, B-V-ST-3-NT, B-V-ST-4-MA, B-V-ST-4-NT, BranchAssetFloorMet, BranchAssetFloorNotMet, NationalAssetFloorExceedsReservation, NationalAssetFloorWithinReservation, NationalConditionOfUninscribedKind, NationalDepositFloorExceedsReservation, NationalDepositFloorWithinReservation, NationalPrudentialConditionCoveredByReservation, ReservedAssetFloorNamed, ReservedDepositFloorNamed, TR-MATCH-1, TR-MATCH-2, TR-MATCH-4

en · official · sha256:86efc976492f67375a092d0606bdb286303febbd63162716235e7f7e3db46e2c

(x) Trading for own account or for (1) Unbound. (1) Unbound. account of customers, whether (2) None. (2) None. on an exchange, in an over-the- (3) None, except for the following: (3) None, except as indicated in the column counter market or otherwise, - Commercial presence is allowed in the "Limitations on market access", and the following: form of a juridical person of Kazakhstan - A day – to –day activity of a branch must be (A) money market instruments through establishment of a joint-stock managed by at least two residents of the (including cheques, bills, company. Kazakhstan. certificates of deposits); (B) foreign exchange; Upon expiration of the 5-year period (C) derivative products starting from the date of Kazakhstan's including, but not limited accession to the WTO commercial to, futures and options; presence will also be allowed through (D) exchange rate and interest establishment of direct branches. rate instruments, including products such as swaps, Upon that, Kazakhstan shall not be forward rate agreements; prevented from taking measures such as (E) transferable securities; follows: (F) other negotiable instruments and financial - The minimum amount of total assets assets, including bullion. of the non-resident bank, which has submitted the application for opening of a branch, must be not less than 20 billion US dollars. Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments - The activity of the stock exchange can only be carried out by a juridical person of Kazakhstan in the form of a joint- stock company. - The minimum amount of deposit, which can be accepted from natural persons by foreign bank branches must be not less than 120,000 US dollars. (4) Unbound, except as indicated in Part I (4) Unbound, except as indicated in Part I "Horizontal Commitments". "Horizontal Commitments".

Referencing norms: B-X-COV-1, B-X-LIM-3-MA-1, B-X-LIM-3-MA-2, B-X-LIM-3-MA-3, B-X-LIM-3-MA-4, B-X-LIM-3-MA-5, B-X-LIM-3-MA-6, B-X-LIM-3-NT-1, B-X-RES-AST, B-X-RES-DEP, B-X-ST-1-MA, B-X-ST-1-NT, B-X-ST-2-MA, B-X-ST-2-NT, B-X-ST-3-MA, B-X-ST-3-NT, B-X-ST-4-MA, B-X-ST-4-NT

en · official · sha256:1d148169054ebd6c97fa17730dcc7b7daa12b6342c2625a003430a377dae3c0f

(xi) Participation in issues of all (1) Unbound. (1) Unbound. kinds of securities, including (2) None. (2) None. underwriting and placement as (3) None, except for: (3) None, except as indicated in the column agent (whether publicly or - Commercial presence is allowed only "Limitations on market access". privately) and provision of in the form of a juridical person of WT/ACC/KAZ/93/Add.2 services related to such issues; Kazakhstan. - A licensee must be in the form of a joint-stock company. (4) Unbound, except as indicated in Part I (4) Unbound, except as indicated in Part I - 23 - "Horizontal Commitments". "Horizontal Commitments".

Referencing norms: B-XI-COV-1, B-XI-LIM-3-MA-1, B-XI-LIM-3-MA-2, B-XI-ST-1-MA, B-XI-ST-1-NT, B-XI-ST-2-MA, B-XI-ST-2-NT, B-XI-ST-3-MA, B-XI-ST-3-NT, B-XI-ST-4-MA, B-XI-ST-4-NT

en · official · sha256:5f7257702c4a5c19a282ee7d002c2c1b686a8c0858d26391efa844d6dfe69b33

(xii) Money broking; (1) Unbound. (1) Unbound. (2) None. (2) None. (3) None, except for: (3) None, except as indicated in the column - Commercial presence is allowed only "Limitations on market access". in the form of a juridical person of Kazakhstan. - A licensee must be in the form of a joint-stock company. (4) Unbound, except as indicated in Part I (4) Unbound, except as indicated in Part I "Horizontal Commitments". "Horizontal Commitments".

Referencing norms: B-XII-COV-1, B-XII-LIM-3-MA-1, B-XII-LIM-3-MA-2, B-XII-ST-1-MA, B-XII-ST-1-NT, B-XII-ST-2-MA, B-XII-ST-2-NT, B-XII-ST-3-MA, B-XII-ST-3-NT, B-XII-ST-4-MA, B-XII-ST-4-NT

en · official · sha256:48b2fde3faca6fe371352ff830d5759e2672bb62468aca63655b5285225fbc6b

(xiii) Asset management, such as (1) Unbound. (1) Unbound. cash or portfolio management, (2) None, except for collective investment (2) None, except as indicated in the column all forms of collective management companies "Limitations on market access". investment management, (3) None, except for the following: (3) None, except as indicated in the column pension fund management, - Commercial presence is allowed only "Limitations on market access". custodial, depositary and trust in the form of a juridical person of services: Kazakhstan. - The applicant (licence holder) must (A) Management of an be a professional participant of investment portfolio; securities market in the form of a joint-stock company. (4) Unbound, except as indicated in Part I (4) Unbound, except as indicated in Part I "Horizontal Commitments". "Horizontal Commitments". Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments

Referencing norms: B-XIIIA-COV-1, B-XIIIA-LIM-2-MA, B-XIIIA-LIM-3-MA-1, B-XIIIA-LIM-3-MA-2, B-XIIIA-LIM-3-MA-3, B-XIIIA-ST-1-MA, B-XIIIA-ST-1-NT, B-XIIIA-ST-2-MA, B-XIIIA-ST-2-NT, B-XIIIA-ST-3-MA, B-XIIIA-ST-3-NT, B-XIIIA-ST-4-MA, B-XIIIA-ST-4-NT

en · official · sha256:efebb749343dbd60955b2ed2ac02ec8dd62a6e7e3b3c4f15956a233dbd7913e3

(B) Pension assets investment (1) Unbound (1) Unbound management services; (2) Unbound. (2) Unbound (3) None, except for the following: (3) None, except as indicated in the column - Pension assets investment "Limitations on market access". management services can be carried out only by juridical persons of the Republic of Kazakhstan. - The applicant (licence holder) the professional participant of securities market of Kazakhstan must be in the form of a joint-stock company. - A total equity capital of the pension assets investment management companies, with the participation of non-residents of Kazakhstan, may not exceed 50% of the aggregate stated equity capital of all pension assets investment management companies of Kazakhstan. WT/ACC/KAZ/93/Add.2 Above mentioned requirement shall not be applied in cases when increase of total capital of pension assets investment management - 24 - companies with participation of non-residents of Kazakhstan, exceeding 50% have occurred due to: - retained earnings; - decrease of total own capital of pension assets investment management companies. (4) Unbound, except as indicated in Part I (4) Unbound, except as indicated in Part I "Horizontal commitments" and: "Horizontal commitments" and in the column "Limitations on market access". - At least one third of members of the Board of Directors and Executive Board of the pension assets investment management company, with the participation of non-residents of Kazakhstan, must be citizens of the Republic of Kazakhstan.

Referencing norms: B-XIIIB-COV-1, B-XIIIB-LIM-3-MA-1, B-XIIIB-LIM-3-MA-2, B-XIIIB-LIM-3-MA-3, B-XIIIB-LIM-3-MA-4, B-XIIIB-LIM-4-MA, B-XIIIB-LIM-4-NT, B-XIIIB-ST-1-MA, B-XIIIB-ST-1-NT, B-XIIIB-ST-2-MA, B-XIIIB-ST-2-NT, B-XIIIB-ST-3-MA, B-XIIIB-ST-3-NT, B-XIIIB-ST-4-MA, B-XIIIB-ST-4-NT, BoardCitizenshipShareMet

en · official · sha256:3d07d2d3deb40920586f062d40a848a6088b66c860e28fb7eda595c06f6eeaca

(C) Investment funds' assets (1) Unbound. (1) Unbound management services (2) None, except for collective investment (2) None, except as indicated in the column management companies. "Limitations on market access". (3) None, except for the following: (3) None, except as indicated in the column "Limitations on market access". Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments - The organization which is carrying out investment funds' assets management services is the juridical person - professional participant of the securities market of the Republic of Kazakhstan. - The applicant (licence holder) should be in the form of a joint-stock company. (4) Unbound, except as indicated in Part I (4) Unbound, except as indicated in Part I "Horizontal Commitments". "Horizontal Commitments".

Referencing norms: B-XIIIC-COV-1, B-XIIIC-LIM-2-MA, B-XIIIC-LIM-3-MA-1, B-XIIIC-LIM-3-MA-2, B-XIIIC-LIM-3-MA-3, B-XIIIC-ST-1-MA, B-XIIIC-ST-1-NT, B-XIIIC-ST-2-MA, B-XIIIC-ST-2-NT, B-XIIIC-ST-3-MA, B-XIIIC-ST-3-NT, B-XIIIC-ST-4-MA, B-XIIIC-ST-4-NT

en · official · sha256:f333d416d2cf1633a72eaeb59954fcdee49f33f211688f6fb797f7dd2e67a53c

(D) Custodial activity (1) Unbound. (1) Unbound. (2) Unbound. (2) Unbound. (3) None, except for: (3) None, except as indicated in the column - Commercial presence is allowed only "Limitations on market access". in the form of a juridical person of Kazakhstan through establishment of WT/ACC/KAZ/93/Add.2 a joint–stock company. (4) Unbound, except as indicated in Part I (4) Unbound, except as indicated in Part I "Horizontal Commitments". "Horizontal Commitments".

Referencing norms: B-XIIID-COV-1, B-XIIID-LIM-3-MA-1, B-XIIID-LIM-3-MA-2, B-XIIID-ST-1-MA, B-XIIID-ST-1-NT, B-XIIID-ST-2-MA, B-XIIID-ST-2-NT, B-XIIID-ST-3-MA, B-XIIID-ST-3-NT, B-XIIID-ST-4-MA, B-XIIID-ST-4-NT

en · official · sha256:9c1fa305ee7e693084da696b1a30c4d06a35921c5708d3123e3469898e009fdb

(E) Trust operations of banks: (1) Unbound. (1) Unbound. - 25 - management of money, (2) Unbound. (2) Unbound. the requirement rights on (3) None, except for the following: (3) None, except as indicated in the column the mortgage loans and - Commercial presence is allowed in "Limitations on market access", and: refined precious metals in the form of a juridical person of - A day- to-day activity of a branch must interests and on behalf of Kazakhstan through establishment of be managed by at least two residents of the principal a joint-stock company. the Kazakhstan. Upon expiration of the 5-year period starting from the date of Kazakhstan's accession to the WTO commercial presence will also be allowed through establishment of direct branches. Upon that, Kazakhstan shall not be prevented from taking measures such as follows: - The minimum amount of total assets of the non-resident bank, which has submitted the application for opening of a branch, must be not less than 20 billion US dollars. (4) Unbound, except as indicated in Part I (4) Unbound, except as indicated in Part I "Horizontal Commitments". "Horizontal Commitments". Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments

Referencing norms: B-XIIIE-COV-1, B-XIIIE-LIM-3-MA-1, B-XIIIE-LIM-3-MA-2, B-XIIIE-LIM-3-MA-3, B-XIIIE-LIM-3-MA-4, B-XIIIE-LIM-3-NT-1, B-XIIIE-RES-AST, B-XIIIE-ST-1-MA, B-XIIIE-ST-1-NT, B-XIIIE-ST-2-MA, B-XIIIE-ST-2-NT, B-XIIIE-ST-3-MA, B-XIIIE-ST-3-NT, B-XIIIE-ST-4-MA, B-XIIIE-ST-4-NT

en · official · sha256:65d339d41c3e84ca79a260c922d9940fbf1198adfd040eb2f063acdf0acc07c3

(xiv) Settlement and clearing (1) Unbound. (1) Unbound. services for financial assets, (2) None. (2) None. including securities, derivative (3) None, except for: (3) None, except as indicated in the column products, and other negotiable - Central Depositary (juridical person "Limitations on market access" instruments of Kazakhstan, established in the form of a joint stock company) - the only organization carrying out depositarial activity in the territory of Kazakhstan. (4) Unbound, except as indicated in Part I (4) Unbound, except as indicated in Part I "Horizontal Commitments". "Horizontal Commitments".

Referencing norms: B-XIV-COV-1, B-XIV-LIM-3-MA-1, B-XIV-LIM-3-MA-2, B-XIV-LIM-3-MA-3, B-XIV-ST-1-MA, B-XIV-ST-1-NT, B-XIV-ST-2-MA, B-XIV-ST-2-NT, B-XIV-ST-3-MA, B-XIV-ST-3-NT, B-XIV-ST-4-MA, B-XIV-ST-4-NT

en · official · sha256:063e1b695b331f8ccff0121252e501497544e0c43f9a011b786938b94ce92822

(xv) Provision and transfer of (1) None. (1) None. financial information, and (2) None. (2) None. financial data processing and (3) None. (3) None. related software by providers of (4) Unbound, except as indicated in Part I (4) Unbound, except as indicated in Part I other financial services "Horizontal Commitments". "Horizontal Commitments".

Referencing norms: B-XV-COV-1, B-XV-ST-1-MA, B-XV-ST-1-NT, B-XV-ST-2-MA, B-XV-ST-2-NT, B-XV-ST-3-MA, B-XV-ST-3-NT, B-XV-ST-4-MA, B-XV-ST-4-NT

en · official · sha256:2e73b895836e5d365b4552cbd6414d9ad0441571945e51478fbfebbf025e13d5

(xvi) Advisory, intermediation and (1) None. (1) None. other auxiliary financial services (2) None. (2) None. WT/ACC/KAZ/93/Add.2 on all the activities listed in (3) None. (3) None. paragraphs (v)-(xv), including (4) Unbound, except as indicated in Part I (4) Unbound, except as indicated in Part I credit reference and analysis, "Horizontal Commitments". "Horizontal Commitments". direct investment and portfolio - 26 - research and advice, advice on acquisitions and on corporate restructuring and strategy.

Referencing norms: B-XVI-COV-1, B-XVI-ST-1-MA, B-XVI-ST-1-NT, B-XVI-ST-2-MA, B-XVI-ST-2-NT, B-XVI-ST-3-MA, B-XVI-ST-3-NT, B-XVI-ST-4-MA, B-XVI-ST-4-NT

en · official · sha256:f64fd922a0c4f4effcf1a730af1c6efbb0dd3587162cffd87afede3602d87f02

7. FINANCIAL SERVICES Without prejudice to the specific commitments listed below for all modes of supply, as a general rule and in a non-discriminatory manner, financial services suppliers must be established in certain organizational and legal forms in accordance with the Kazakhstan's legislation and meet the licensing requirements. Financial services suppliers are subject to prudential measures in accordance with Article 2 (A) of the Annex on Financial Services. Upon expiration of a transitional period, branches of foreign financial institutions are subject to conditions equivalent to those applied to domestic financial institutions and must fulfil prudential measures including but not limited to: separate capitalization requirement, separate guarantee and deposit requirement, other solvency requirement, accounts reporting and publication requirement, and with respect to insurance companies, the localization of technical reserves and solvency margins requirements as well. As regards financial services, when citizens of Kazakhstan are acting in their capacity as natural persons, all commitments taken under mode (2) are made only if such WT/ACC/KAZ/93/Add.2 persons physically move to the territory of a foreign country and/or are present on the territory of a foreign country.

Referencing norms: AccordEquivalentBranchConditions, BranchWindowClosed, BranchWindowOpen, EquivalentConditionsDuty, FS-BRQ-1, FS-BRQ-2, FS-BRQ-3, FS-BRQ-4, FS-BRQ-5, FS-BRQ-INS, GeneralSectoralRequirement, ModeTwoEngagedForCitizenAbroad, ModeTwoEngagedForEveryoneElse, NationalPrudentialConditionCoveredByReservation, PrudentialMeasureIsNotAnUnlistedLimitation, TR-PRU-1, TR-PRU-2, TR-PRU-3, TR-PRU-4, TR-PRU-5

en · official · sha256:63106d4593e680c8fcdc6077ab4a0f9e0e98a1cb5804b6cbd701459063b60368

A. All insurance and insurance-related services:

en · official · sha256:bf1abac0d7307b73335d7aa6eaec83b172d2dcf4b74b31946c9d143bc5a703b1

I. HORIZONTAL COMMITMENTS All sectors/subsectors included in this Schedule

Referencing norms: HorizontalLimitationAppliesToEveryCell

en · official · sha256:7146d467a1e3b4f3dfb305850c5bccd4c477681e7cb73b7873189c27c037ea05

Real Estate (3), (4) The following types of land plots cannot (3), (4) None for private ownership of lands which be in private ownership: are used for construction sites or already under 1) trunk lines, railroad networks, and public industrial or other buildings, including residential highways; buildings (facilities) or blocks thereof together with the land under corresponding service facilities 2) public areas in cities, towns, villages, etc. (utility structures). apart from land plots, occupied by privately owned buildings and constructions, as well as Unbound for private ownership of lands used for WT/ACC/KAZ/93/Add.2 by facilities necessary for their maintenance. farming/agricultural production or forest planning purposes. Foreigners may be granted the right of The right of permanent land use is reserved to temporary land use for farming/agricultural state land users. production purposes for a period not more than 10 years. -3-

Referencing norms: HZ-LAND-MA-3, HZ-LAND-MA-4, HZ-LAND-NT-3, HZ-LAND-NT-4, HZ-LAND-UNB-3, HZ-LAND-UNB-4, MeasureOnUnboundSubject, NoUnlistedLimitationOnUnboundSubject, TemporaryLandUseWithinCap

en · official · sha256:49e63a7a2130f72c716e75f3813b8710ee492367725821f4b9ff6dd2554d46dd

Entry and temporary stay of natural (4) Unbound, except for measures of entry (4) Unbound, except for measures concerning persons and temporary stay of: the categories of natural persons referred to in the market access column. 1. Intra-corporate transfers of the following natural persons: a) executives; b) managers; c) specialists. 2. Business visitors. Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments 1. Intra-corporate transferees (ICTs) – executives, managers and specialists, as defined below, who are temporarily transferred for the supply of services by the juridical person of the Member established in Kazakhstan, within which they are being transferred to Kazakhstan. Employment of ICTs as managers and specialists shall meet the requirements of economic needs test3. Upon expiration of a 5-year period after Kazakhstan's accession to the WTO, economic needs test shall not be applied4. a) Executives - persons working in a senior position within a juridical person, who: - primarily direct the management of WT/ACC/KAZ/93/Add.2 the organization; - establish the goals and policies of the organization, - exercise wide latitude in -4- decision-making; - and receive only general supervision or direction from the board of directors, or stockholders of the organization; Executives must not directly perform tasks related to the actual provision of a service or services of the organization. b) Managers - persons working in a senior position within a juridical person, who possess advanced professional qualifications and have significant managerial experience in the relevant field, and: - direct the organization, or a department or sub- division of the organization; 3 Work permit is issued only after search of appropriate candidates in the database of the competent authority and publication of vacancy announcement in mass – media is completed. These procedures shall take no longer than one month. Permission for intra-corporate transferee shall be granted after these procedures have been completed unless the company has identified a local candidate who meets its needs. All other requirements, laws and regulations regarding entry, stay and work shall continue to apply. Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments - supervise and control the work of other supervisory, professional or managerial employees, - have the authority to hire and fire or recommend hiring, firing, or other personnel actions, - receive only general supervision or direction from higher-level executives, the board of directors, or stockholders of the organization; Does not include employees, who primarily perform tasks necessary for the supply of the service. The total number of foreign managers must not exceed 50% within each service supplier, with WT/ACC/KAZ/93/Add.2 the minimum of 3 individuals. c) Specialists - persons hired by a juridical person of another Member, -5- who possess advanced special and (or) rare knowledge and skills, a significant professional experience essential for supplying services on a profile of the organization, research equipment techniques or management. In assessing such knowledge, account will be taken not only of knowledge specific to the establishment, but also of whether the person has a high level of qualification referring to a type of work or trade requiring specific technical knowledge, including membership of licensed/accredited profession. The total number of foreign specialists must not exceed 50% within each service supplier, with the minimum of 3 individuals. In the framework of intra-corporate transfer the entry and temporary stay of natural persons of the Member shall be permitted for three years5, based on the permits, annually issued by the The three-year period might be extended for a period not exceeding one year subject to ENT identified above. Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments authorized body, provided that the company fulfils one of the following requirements: i) offer training, retraining or advanced training programs for their Kazakhstani employees in skills necessary for subsequent replacement of foreign workforce, or ii) create additional jobs for Kazakhstani employees. The above stated categories of persons must have at least one year work experience in a company, which represents a juridical person of another Member and within which they are being transferred to Kazakhstan. 2. Business visitors. WT/ACC/KAZ/93/Add.2 Persons, who are not domiciled within the territory of Kazakhstan and are representatives of a service supplier of the Member and entering the territory of Kazakhstan in order to: -6- - conduct negotiations on sales of services of this supplier, enter into agreement on sales of services, (or) participate in business meetings; (or) - establish commercial presence of a service supplier; where the representatives are not engaged in making direct sales to the general public or in supplying services themselves and where the representatives do not receive remuneration from a source within Kazakhstan. The period of temporary stay of this category of persons must not exceed 90 days.

Referencing norms: EconomicNeedsTestLiftedAfterFiveYears, EconomicNeedsTestStillRequired, HZ-M4-CAT-1, HZ-M4-CAT-2, HZ-M4-CAT-3, HZ-M4-CAT-4, HZ-M4-ENT-1, HZ-M4-ENT-2, HZ-M4-MA, HZ-M4-NT

en · official · sha256:02f9b12e47a6fe6bff9cbf1a828c1df33c664196267246ae94e4561395ed095b

Commercial presence (3) Commercial presence is allowed in the (3) None, except as indicated in Part II Specific form of a juridical person of the Republic Sector Commitments below. of Kazakhstan, branch and representative offices established in the Republic of Kazakhstan by a juridical person of another Member. However, representative offices of juridical person of another Member and non-governmental organizations are not allowed to provide services on a commercial basis in the territory of Kazakhstan.

Referencing norms: HZ-PRES-MA-3

en · official · sha256:084dde3747f5b0903772bc5b972c1425fcef127ea6ac79d7d427cec36c4fd2ae

Subsidies (1), (2), (3), (4) Unbound for: - special rights and preferences to groups of persons and regions that are socially and economically disadvantaged; - state support of research and development (R&D); - state support of development of national culture and history. WT/ACC/KAZ/93/Add.2 Access to subsidies and other forms of state support may be granted only to juridical persons of the Republic of Kazakhstan or to citizens of the 1 Republic of Kazakhstan . -2- The supply of a services or its subsidization within the public sector is not in breach of this commitment.

Referencing norms: HZ-SUB-NT-1, HZ-SUB-NT-2, HZ-SUB-NT-3, HZ-SUB-NT-4, HZ-SUB-UNB-1, HZ-SUB-UNB-2, HZ-SUB-UNB-3, MeasureOnUnboundSubject, NoUnlistedLimitationOnUnboundSubject

en · official · sha256:ae3058f0b355aa69f2cd658a144607d660e48f2df38a00e6596982b3c727df20

Services procured by subsurface (1), (2), (3), (4) users within the framework of In conducting subsurface operations: investment contracts - Kazakhstan may require investors, in procuring services, to procure up to 50 % of such services from juridical persons of Kazakhstan. - For a period of 6 years, in awarding subcontracts through a tender process, an investor shall consider a putative 20% reduction in the price of any bid submitted by a juridical person of Kazakhstan where at least 75% of that subcontractor's qualified employees2 are citizens of Kazakhstan, provided that the juridical person of Kazakhstan meets the standards and qualitative characteristics stipulated in the tender documents. 1 Some forms of state support may be limited to small and medium size enterprises (SMEs). 2 Qualified employees mean executives, managers and specialists as those terms are defined for the purposes of entry and temporary stay of intra-corporate transferees in this schedule. Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments - After 6 years, an investor shall consider a putative 20% reduction in the price of any bid submitted by any juridical person of Kazakhstan where at least 50% of that subcontractor's qualified employees are citizens of Kazakhstan, provided that the juridical person of Kazakhstan meets the standards and qualitative characteristics stipulated in the tender documents.

Referencing norms: HZ-SSF-NT-1, HZ-SSF-NT-3, HZ-SSF-PP-1, HZ-SSF-PP-3, SubsurfaceEmployeeShareAfterSixYears, SubsurfaceEmployeeShareWithinSixYears

en · official · sha256:a23ff761203c7a0f4a23e0fe8c9f2a6536732cd7ba73a72613259305913db6ea

All Sectors/ Investments Measures based on existing and future All countries, parties to existing and Indefinite. The measures are aimed at forming a agreements which are aimed at insuring future respective agreements, which legal framework for mutual mutual protection and investment may be concluded. protection and investment promotion. promotion.

Referencing norms: MFN-INV-ALL, MFN-INV-INDEF, MFN-INV-LISTED, MfnMeasureCoveredByAllSectorsRow

en · official · sha256:06b857a94856e095dac274c3ca77db66bf12448deabad91d3fbc7bc8d08c826d

All Sectors/ Measures based on existing and future Parties to the Partnership and Indefinite. Measures are aimed at progressive Entry and presence of agreements are aimed at creation of Cooperation Agreement between the liberalization between the Republic of natural persons preferential conditions for the movement of Republic of Kazakhstan and the Kazakhstan and its regional trade natural persons supplying services European Communities and their partners. Member states signed at 23 January 1995 with future supplements; CIS countries, all parties to existing and future respective agreements.

Referencing norms: MFN-NP-ALL, MFN-NP-INDEF, MFN-NP-LISTED, MfnMeasureCoveredByAllSectorsRow

en · official · sha256:545803b3c37e90e623c17a2cae3c509b770da9b9b40e566778561eabc8a32715

Kazakhstan - List of Article II (MFN) Exemptions Description of measure indicating its Country or countries to which the Intended Conditions creating the need for Sector or sub-Sector inconsistency with Article II measure applies duration the MFN exemption

Referencing norms: MFN-CAND-01, MFN-CAND-02, MFN-CAND-03, MFN-CAND-04, MFN-CAND-05, MFN-CAND-06, MFN-CAND-07, MFN-CAND-08, MFN-CAND-09, MFN-CAND-10, MFN-CAND-11, MFN-CAND-12, MFN-CAND-13, MFN-CAND-14, MFN-CAND-15, MFN-CAND-16, MFN-CAND-17, MFN-CAND-18, MFN-CAND-19, MFN-CAND-20, MFN-CAND-21, MfnMeasureNotCoveredInFinancialServices

en · official · sha256:ebad9dc398b203e5bcecb77e52781369b077d194d9a2d6f491c6b2caf01dea12

REPORT OF THE WORKING PARTY ON THE ACCESSION OF THE REPUBLIC OF KAZAKHSTAN SCHEDULE OF SPECIFIC COMMITMENTS ON SERVICES LIST OF ARTICLE II MFN EXEMPTIONS Addendum As indicated in paragraph 1176 of the Report of the Working Party on the Accession of the Republic of Kazakhstan (WT/ACC/KAZ/93), the Schedule of Specific Commitments on Services resulting from the negotiations between the Republic of Kazakhstan and WTO Members is annexed to the Protocol on the Accession of the Republic of Kazakhstan and is reproduced hereunder.

en · official · sha256:365f5159e8adecd12df6cf1308cfb59d1f25c2c5f72e341db9dbcd046710034e

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

Referencing norms: BoundCellByFullCommitment, BoundCellByLimitedCommitment, BoundOnlyForCarvedInClass, CellCarveInFromRow, CellLimitationFromRow, CellStatusFromRow, LimitationOutsideTheSchedule, NationalConditionOfUninscribedKind, ScheduledCellExists, UnboundCell