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Belarus Accession to WTO

Belarus holds its negotiations on joining the Word Trade Organization in four major areas: bringing its national legislation in line with the WTO multilateral treaties, access to goods market, access to services market, state support of agriculture.

Bringing of the national legislation in compliance with the WTO agreements

Joining of the WTO requires candidate countries to implement into the national legislation rules that are obligatory for all Member countries of the WTO.

Consideration of issues related to compliance of the national legislation to WTO rules is carried out in multilateral meetings of the Working Party on Belarus Accession to the WTO (the Working Party). According to results of the Working Party meetings, WTO Members may decide to move to the next stage of negotiations on the basis of results achieved in the process of bringing of the national legislation in line with the WTO rules. The accession process requires some procedures to proceed: Memorandum — Checklist – Factual Summary — Draft Report of the Working Party.
 
The Working Party on Belarus' Accession to the WTO comprises of 38 countries. So far, 7 formal meetings of the Working Party were held (on 5 June 1997, on 28 April 1998, on 5 March 2001, on 24 January 2003, on 30 January 2004, on 30 September 2004, on 24 May 2005). As a result, the Belarusian Side managed to pass the following stages of the negotiation process. In 1996, Belarus circulated a Memorandum on Foreign Trade Regime. As a result of the 4th session of the Working Party, Belarus had prepared the Checklist. At the 5th meeting of Working Party, WTO Member countries approved the initiation of the elaboration of the Factual Summary. The main outcome of the 6th meeting of the Working Party was the decision on elaboration of the second edition of the Factual Summary. The review of this document commenced on 7th meeting of the Working Party and was continued at the informal meetings.
 
After the 2005, meetings of the Working Party were held in an informal format: 4 rounds of consultations in June 2006, in July 2007, in October 2007, and in June 2009.
 
Since the last formal meeting of the Working Party, the Republic of Belarus has continued work on further harmonization of its foreign trade legislation and enforcement practice in conformity with WTO rules and principles. In 2005-2010, Belarus submitted more than 15 information documents, related to the process of bringing of the national legislation in conformity with WTO requirements (including information on changes in foreign trade regime, the information on customs administration, developments in legislation related to agriculture, the revised edition of the Factual Summary, etc.).
 
In June 2009, Belarus together with Kazakhstan and Russia decided to accede to the WTO jointly, i.e. as a Customs Union. Following this decision, three countries set up a Common Delegation to negotiate with the WTO on behalf of three countries.
 
Since June 2009, a Common Delegation participated in series of consultations with WTO Member countries, the WTO Secretariat where experts discussed approaches on joining the WTO.
 
In 2010, Belarus continued consultations with its major trading partners on accession to the WTO. In January 2010, the Deputy Head of the Directorate General of the European Commission Mr. Balash visited Minsk.
 
In April-May 2010, the Republic of Belarus has elaborated and submitted the updated questionnaires on its foreign trade regime, including on Import Licensing Procedures, on the Application of Sanitary and Phytosanitary Measures, on Technical Barriers to Trade, as well as information on determination of the customs value of goods and questionnaire on the application of the WTO TRIPS Agreement.
 
By the request of WTO Member countries, Belarus, Kazakhstan and Russia has prepared and on 31 March 2010 circulated the information paper on mechanisms and legal frameworks of the Customs Union.
 
In June 2010, the Chair of the Working Party on Belarus’ Accession to the WTO, Mr Bozkurt Aran, visited Minsk. During the consultations special attention was addressed to the process of Belarus' accession to the WTO.
 
In August — September 2010, Belarus submitted to the WTO:
 
1. an information document on changes in the economic legislation of the Republic of Belarus;
 
2. texts of legal acts of the Republic of Belarus in English.
 
In June 2011, Belarus has circulated among the WTO Members a revised Legislative Action Plan.
 
On 19 May 2011, Belarus, Russia and Kazakhstan signed the Treaty on Operation on the Customs Union within the Framework of the Multilateral Trading System. The document is ratified by the CU Members (in Belarus — Law of the Republic of Belarus No. 310-Z on 11 November 2011). In line with provisions of the Treaty, Belarus has to consider the obligations of the Russian Federation to the WTO.
 
Negotiations on market access
 
Negotiations on market access for goods and services are conducted on a bilateral basis. During the negotiations on market access for goods the contracting parties agree on the maximum rate of customs tariff, which acceding country can not exceed after accession to the WTO. Negotiations on market access for services are performed with the aim to determine the maximum levels of restrictions on market access and exceptions from national treatment for foreign services and service suppliers.
 
In 1998-1999, Belarus has prepared initial proposals for negotiations on market access for goods and services that were later revised within the framework of negotiations.
 
So far, Belarus held 29 bilateral negotiations with countries of the Working Party that ended up in sealing the outcome protocols with 10 WTO Member countries: Armenia, Bulgaria, China, Cuba, Dominican Republic, India, Kyrgyzstan, Moldova, Panama, and Turkey. Besides, Belarus and China signed a Memorandum of Understanding which envisages mutual recognition of a market economy status. Belarus came closer with other countries on its future commitments in ensuring access to goods and services markets. Belarus also managed to narrow the list of demands by a number of the WTO Member countries that were unacceptable for Belarusian Side.
 
State support of agriculture
 
Negotiations on state support to agriculture are held in the format of special multilateral meetings, at which parties should commit the maximum level of state support to agricultural sector provided in Belarus.
 
During the last two meetings (1 October 2004 and 23 May 2005) the parties agreed on the basic period for calculation of the maximum level of state support, namely 1997-1999. Currently, the contracting parties decide on volume of state support within “green” and “amber” boxes.