US-Central Asia TIFA (2004)

FRAMEWORK AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED
STATES OF AMERICA, THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN, THE GOVERNMENT OF THE KYRGYZ REPUBLIC, THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN, THE GOVERNMENT OF TURKMENISTAN, AND THE GOVERNMENT OF THE REPUBLIC OF UZBEKISTAN CONCERNING THE
DEVELOPMENT OF TRADE AND INVESTMENT RELATIONS

The Government of the United States of America, the Government of the Republic of Kazakhstan,
the Government of the Kyrgyz Republic, the Government of the Republic of Tajikistan, the
Government of Turkmenistan, and the Government of the Republic of Uzbekistan (individually a
“Party” and collectively the “Parties”):

1) Desiring to enhance the bonds of friendship and spirit of cooperation between and amongst
the countries;

2) Desiring to promote further the trade and investment existing between and amongst the
countries;

3) Recognizing the importance of fostering an open and predictable environment for
international trade and investment;

4) Recognizing that reduced barriers to trade in the region will increase and improve trade
relations with and within the region and between the region and Afghanistan and hence will
be conducive to regional stability;

5) Taking into account the membership of some of the Parties in the World Trade Organization
(WTO) and the intention of other Parties to accede to the WTO and noting that this
Agreement is without prejudice to the rights and obligations of the Parties, where applicable,
under the Marrakesh Agreement Establishing the WTO and the agreements, understandings,
and other instruments relating thereto or concluded under the auspices of the WTO;

6) Recognizing the benefits to each Party resulting from increased international trade and
investment, and that trade-distorting investment measures and protectionist trade barriers
would deprive the Parties of such benefits;

7) Recognizing the essential role of both domestic and foreign private investment in furthering
growth, creating jobs, expanding trade, improving technology, and enhancing economic
development;

8) Recognizing that foreign direct investment confers positive benefits on each Party;

9) Desiring to encourage and facilitate private sector and business contacts between and
amongst the Parties;

10) Acknowledging the Agreement on Bilateral Trade Relations and the Bilateral Investment
Treaty, both signed on May 19, 1992 between the Government of the United States of
America and the Government of the Republic of Kazakhstan; the Agreement on Bilateral
Trade Relations signed on May 8, 1992 and the Bilateral Investment Treaty signed on
January 19, 1993 between the United States of America and the Government of the Kyrgyz
Republic; the Agreement on Bilateral Trade Relations signed on July 1, 1993 between the
Government of the United States of America and the Government of the Republic of
Tajikistan; the Agreement on Bilateral Trade Relations signed on March 23, 1993 between
the Government of the United States of America and the Government of Turkmenistan; the
Agreement on Bilateral Trade Relations signed November 5, 1993, between the Government
of the United States of America and the Government of Uzbekistan;

11) Noting that this Agreement is without prejudice to the rights and obligations of the Parties
under the agreements cited in paragraph 10 of this preamble;

12) Recognizing the increased importance of services in the Central Asian economies and in
relations between and amongst the Parties;

13) Taking into account the need to eliminate non-tariff barriers in order to facilitate greater
access to the markets of the Parties and the mutual benefits thereof;

14) Recognizing the importance of providing adequate and effective protection and enforcement
of intellectual property rights and of membership in and adherence to intellectual property
rights conventions;

15) Recognizing the importance of providing adequate and effective protection and enforcement
of worker rights in accordance with each Party’s own labor laws and of improving the
observance of internationally recognized core labor standards;

16) Desiring to ensure that trade and environmental policies are mutually supportive in the
furtherance of sustainable development;

17) Desiring that this Framework Agreement reinforce the multilateral trading system by
strengthening efforts of WTO members to complete successfully the Doha Development
Agenda; and

18) Considering that it would be in the respective interests of the Parties to establish a
mechanism between the Parties for encouraging the liberalization of trade and investment
between and amongst them, including through the Central Asian Cooperation Organization.

To this end, the Parties agree as follows:

ARTICLE ONE
The Parties affirm their desire to promote an attractive investment climate and expand trade in
products and services consistent with the terms of this Agreement. The Parties shall take appropriate
measures to encourage and facilitate the exchange of goods and services and to secure favorable
conditions for long-term development and diversification of trade between and amongst the Parties.

ARTICLE TWO
The Parties shall establish a United States-Central Asian Council on Trade and Investment (“the
Council”), which shall be composed of representatives of the Parties. The side of each Central Asian
republic will be chaired by the Deputy Prime Minister or Minister responsible for trade and
investment issues; the Government of Kazakhstan has specified that the Ministry of Industry and
Trade will be its lead agency. The U.S. side will be chaired by the Office of the U.S. Trade
Representative (“USTR”). Officials of other government entities of the Parties may take part as
needed. The Council will meet at least once a year and at such times and locations as agreed by the
Parties.

ARTICLE THREE
The objectives of the Council are as follows:

  1. To monitor trade and investment relations, to identify opportunities for expanding trade and investment, and to identify issues relevant to trade or investment, such as intellectual property, labor, or environmental issues that may be appropriate for negotiation in an appropriate forum.
  2. To hold consultations on trade and investment matters not arising under the relevant Bilateral Investment Treaties of interest to the Parties.
  3. To identify and work toward the removal of impediments to trade and investment flows amongst the Parties and with Afghanistan.
  4. To seek the advice of the private sector, where appropriate, in their respective countries on matters related to the work of the Council.

ARTICLE FOUR
Any Party may raise for consultation any trade matter or any investment matter not arising under the
relevant Bilateral Investment Treaty between or amongst the Parties. Requests for consultation shall
be accompanied by a written explanation of the subject to be discussed and consultations shall be
held within 30 days of receipt of the request, unless the requesting Party agrees to a later date. Each
Party shall endeavor to provide for an opportunity for consultations before taking action that could
affect adversely the trade or investment interests of the other Parties.

ARTICLE FIVE
This Agreement shall be without prejudice to the domestic law of the Parties or the rights and
obligations of the Parties under any other agreement to which they are parties.

ARTICLE SIX
This Agreement shall enter into force on the date of its signature by the Parties.

ARTICLE SEVEN
This Agreement shall remain in force unless terminated by unanimous consent of the Parties. A
Party may withdraw from the Agreement upon six months written notice to the other Parties.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective governments,
have signed this Agreement.

DONE at Washington D.C. this 1st day of June 2004, in the English and Russian languages, with
both texts being equally authentic.

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:

FOR THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN:

FOR GOVERNMENT OF THE KYRGYZ REPUBLIC:

FOR THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN:

FOR THE GOVERNMENT OF TURKMENISTAN:

FOR THE GOVERNMENT OF THE REPUBLIC OF UZBEKISTAN:

source: USTR