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Eurasian Economic Union

Trade bloc of five post-Soviet states

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The Treaty on the Eurasian Economic Union was signed on 29 May 2014 by the leaders of Belarus, Kazakhstan, and Russia, and came into force on 1 January 2015. Treaties aiming for Armenia's and Kyrgyzstan's accession to the Eurasian Economic Union were signed on 9 October and 23 December 2014, respectively. Armenia's accession treaty came into force on 2 January 2015. Kyrgyzstan's accession treaty came into effect on 6 August 2015. Kyrgyzstan participated in the EAEU from the day of its establishment as an acceding state.

The EAEU encourages the free movement of goods and services, and provides for common policies in the macroeconomic sphere, transport, industry and agriculture, energy, foreign trade and investment, customs, technical regulation, competition, and antitrust regulation. Provisions for a single currency and greater integration are envisioned for the future. The union operates through supranational and intergovernmental institutions. The Supreme Eurasian Economic Council is the supreme body of the Union, consisting of the Heads of the Member States. The second level of intergovernmental institutions is represented by the Eurasian Intergovernmental Council (consisting of the Heads of the governments of member states). The day-to-day work of the EAEU is done through the Eurasian Economic Commission, the executive body of the Union. There is also a judicial body – the Court of the Eurasian Economic Union.

History

Background

In the Soviet Union, a Union Republic was a constituent federated political entity with a system of government called a Soviet republic, which was officially defined in the 1977 constitution as "a sovereign Soviet socialist state which has united with the other Soviet republics to form the Union of Soviet Socialist Republics" and whose sovereignty is limited by membership in the Union. As a result of its status as a sovereign state, the Union Republic de jure had the right to enter into relations with foreign states, conclude treaties with them and exchange diplomatic and consular representatives and participate in the activities of international organisations (including membership in international organisations). The former Soviet republics that became independent states were part of the economy of the Soviet Union with its common technical standards, common infrastructure, territorial proximity, chains of cooperation, and common legal heritage. Through the signing of international agreements on trade, economic cooperation and integration, countries can achieve an increase in the efficiency of their economies, which suffered due to the disintegration of the Soviet Union. At the same time, all post-Soviet countries have moved to a market economy, implemented reforms and expanded trade and cooperation with the global economy. Over the past three decades, several negotiations have taken place on proposed integration projects.

In order to reform the Soviet Union, the New Union Treaty and the draft European-Asian Union, among others, were proposed. In 1989, the European-Asian Union was proposed by the co-chairman of the Interregional Deputy Group Andrei Sakharov, Nobel Peace Prize laureate, and with the participation of members of the group Galina Starovoitova (as a representative to the Congress of People's Deputies of the Soviet Union from Armenia), Anatoly Sobchak and others. Sakharov presented Gorbachev (Gorbachev was a chairman of the Constitutional Commission) with his draft Constitution of the Union of Soviet Republics of Europe and Asia on 27 November 1989.

In the 1990s, Russia and the Central Asian republics were weakened economically and faced declines in GDP as a result of the collapse of the Soviet Union. The member states of the union underwent economic reforms and privatisation. The process of Eurasian integration began immediately after the break-up of the Soviet Union. When the USSR began to fall in 1991, the presidents of Belarus, Kazakhstan and Russia of the founding republics signed the Belavezha Accords on 8 December 1991, declaring that the Soviet Union would cease to exist and proclaimed the Commonwealth of Independent States in its place.

Commonwealth of Independent States

According to Article 7 of the Agreement on the creation the Commonwealth of Independent States of 8 December 1991 which effectively dissolved the Soviet Union as a single federal country, the High Contracting Parties indicate that through common coordinating institutions, their joint activities will consist in coordinating foreign policy activities, cooperation in the formation and development of a common economic space, common European and Eurasian markets, in the field of customs policy, in the development of transport and communication systems, cooperation in the field of environmental protection, migration policy and the fight against organised crime. According to the Article 5 of Belavezha Accords, the High Contracting Parties shall recognise and respect each other's territorial integrity and the inviolability of existing borders within the Commonwealth. They shall guarantee the openness of borders, freedom of movement of citizens and freedom of information within the Commonwealth.

On 24 September 1993, at a meeting of the Commonwealth of Independent States (CIS) Council of Heads of State in Moscow, Azerbaijan, Armenia, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Uzbekistan signed the Treaty on the Creation of the Economic Union which reinforces by an international agreement the intention to create an economic union through the step-by-step creation of a free trade area, a customs union and conditions for the free movement of goods, services, capital and labor. All these countries have ratified the Treaty and it entered into force on 14 January 1994. Turkmenistan and Georgia joined in 1994 and ratified the Treaty, but Georgia withdrew in 2009. On 24 September 1993, Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Uzbekistan, Ukraine and Georgia signed the Agreement on the Creation of the interstate Euroasian Coal and Metal Community, which entered into force in 1995 for Kazakhstan, Moldova, Russia, Tajikistan, Uzbekistan, and in 1996 entered into force for Belarus, Kyrgyzstan and Ukraine. The Euroasian Coal and Metal Community was terminated on 29 September 2004.

On 15 April 1994, the "Agreement on Ukraine's accession to the Economic Union as an associate member" was signed by Azerbaijan, Armenia, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Uzbekistan, Ukraine and Georgia but never entered into force due to non-ratification by Russia, Ukraine, Turkmenistan and Georgia, although all the others ratified. On 15 April 1994, at a meeting of the Commonwealth of Independent States (CIS) Council of Heads of State in Moscow, all 12 post-Soviet states signed the international Agreement on the Establishment of a Free Trade Area in order to move towards the creation of an economic union. Article 17 also confirmed the intention to conclude a free trade agreement in services. Article 1 indicated that this was "the first stage of the creation of the Economic Union", but on 2 April 1999 the countries agreed to remove this phrase from the agreement.

Proposal to establish a new organisation

At a press conference of Commonwealth leaders in Almaty on 21 December 1991, Leonid Kravchuk refused to change the name of the organisation to the name Commonwealth of Euro-Asian and Independent States, but Nursultan Nazarbayev immediately stressed: "in the Declaration the economic area (of the CIS) is called Eurasian." A number of agreements with the names "Eurasian", "Euro-Asian" or "Euroasian" have been signed in the CIS, such as the establishment of the Euro-Asian Council for Standardization, Metrology and Certification and the Euroasian Broadcasting Union in 1992, the Eurasian Patent Convention and Organization in 1994, and the Eurasian Cinema Academy in 1997.

On 29 March 1994, during a speech at Moscow State University, the first President of Kazakhstan, Nursultan Nazarbayev complained that the CIS was inadequate and did not provide the integration that the countries badly needed. He proposed the creation of a Eurasian Union of States as a new organisation completely separate from the CIS. The Eurasian Union of States was proposed as a combination of the economic union and political union. For the first time it was suggested to use the name "Eurasian" for an economic union rather than "Euro-Asian" or "Euroasian". The Eurasian Economic Union traces its history back to Nazarbayev's proposal. He suggested the idea of creating a Union as a regional trade bloc in order to connect to and profit from the growing economies of Europe and East Asia. The vision would be to simplify the free flow of goods across Eurasia. The idea was quickly seen as a way to bolster trade, boost investment in Central Asia, Armenia and Belarus, and serve as a complement to the Eastern Partnership.

However, earlier, on 22 March 1994, Nazarbayev spoke at the Chatham House in London with an analysis of trends in post-Soviet integration and a justification for the need to create a new effective and truly functioning union based on an integration core with the possible name "Euro-Asian Union". The union should be built around three main pillars: common supranational bodies for managing the economy, defence and foreign policy, a single economic space and a common defence complex. The president of Kazakhstan launched an information campaign. On 3 June 1994, he signed the Plan on the Formation of the Eurasian Union of States, which was sent to all the heads of the CIS participant states. On 6 June 1994, a press conference was held at the presidential residence by Marat Tajin, head of the Information and Analytical Centre of the Presidential Administration of Kazakhstan and Imangali Tasmagambetov, Nazarbayev's assistant. Marat Tajin spoke at a round table discussion on Prospects for Eurasian Integration in Moscow on 14 June 1994 at the Diplomatic Academy of the Russian Ministry of Foreign Affairs. At a hearing in the State Duma of the Russian Federation in Moscow on 5 July 1994, Ambassador Tair Mansurov outlined the essence of the project. Nazarbayev later complained that in 1994 "there was complete rejection" of his idea: "I hoped for the support of Russia and Yeltsin personally, however, there was no such support and the attitude was one of sarcasm." Thus, the work was carried out within the framework of the CIS and separate treaties without the creation of a new organisation.

Customs union and integration in economic and humanitarian fields

During the 1990s, the Eurasian integration process was slow, possibly due to the economic crisis experienced after the dissolution of the Soviet Union and the size of the countries involved (Russia, Belarus and Kazakhstan cover an area of about 20 million km2). As a result, numerous treaties have been signed by member states to establish the regional trade bloc gradually.

On 20 January 1995, Belarus, Kazakhstan, Russia, and later acceding states Kyrgyzstan and Tajikistan signed the first agreements on the establishment of a Customs Union. Its purpose was to gradually lead the way toward the creation of open borders without passport controls between member states.

On 29 March 1996, Belarus, Kazakhstan, Russia and Kyrgyzstan signed the Treaty on Increased Integration in the Economic and Humanitarian Fields to begin economic integration between countries to allow for the creation of common markets for goods, services, capital, labour, and developing single transport, energy and information systems. According to the WTO database, the date of signature of the document establishing the Eurasian Economic Community is indicated as 29 March 1996.

On 26 February 1999, Belarus, Kazakhstan, Russia, Kyrgyzstan and Tajikistan signed the Treaty on the Customs Union and the Single Economic Space by clarifying the goals and policies the states would undertake in order to form the Eurasian Customs Union and the Single Economic Space.

Eurasian Economic Community and supranational competence

To promote further economic integration and more cooperation, on 10 October 2000 Belarus, Kazakhstan, Russia, Kyrgyzstan and Tajikistan established the Eurasian Economic Community (EurAsEC) which Uzbekistan joined in 2006. The EurAsEC headquarters according to the Treaty were located in Moscow and Astana. The treaty established a common market for its member states. The Eurasian Economic Community was modelled on the European Economic Community. The two had a comparable population size of 171 million and 169 million, respectively.

The separate Treaty on a Single Economic Space by Belarus, Kazakhstan, Russia and Ukraine (or Common Economic Zone Agreement), signed in 2003 and entered into force in 2004, with proposed headquarters in Kiev was in the process of implementation, but it was stalled after the Orange revolution and new president of Ukraine. Ukraine has not been involved in previous agreements and treaties. It was decided to proceed without Ukraine after 2005. The withdrawal of Ukraine from this Treaty de jure took effect on 21 July 2023.

In 2007, Belarus, Kazakhstan and Russia signed an agreement to create a Customs Union between the three countries. The supranational commission of the customs union was established and given supranational competencies.

Common external tariff and Customs Code

The Customs Union of Belarus, Kazakhstan, and Russia (now the Customs Union of the Eurasian Economic Union) came into existence on 1 January 2010. The Customs Union's priorities were the elimination of intra-bloc tariffs, establishing a common external tariff policy and the elimination of non-tariff barriers. It was launched as a first step towards forming a broader single market inspired by the European Union, with the objective of forming an alliance between former Soviet states. The member states planned to continue with economic integration and were set to remove all customs borders between each other after July 2011.

Four economic freedoms and Eurasian Economic Commission

On 1 January 2012, the three states established the Eurasian Economic Space which ensures the effective functioning of a single market for goods, services, capital and labour, and to establish coherent industrial, transport, energy and agricultural policies. The agreement included a roadmap for future integration and established the Eurasian Economic Commission (modelled on the European Commission). The Eurasian Economic Commission serves as the regulatory agency for the Eurasian Customs Union, the Single Economic Space and the Eurasian Economic Union.

In 2011, the then-Prime Minister of Russia, Vladimir Putin, announced his support for Nursultan Nazarbayev's idea for the creation of a Eurasian Economic Union. On 18 November 2011, the presidents of Belarus, Kazakhstan, and Russia signed an agreement setting a target of establishing the Eurasian Economic Union by 2015. The member states put together a joint commission on fostering closer economic ties.

On 29 May 2014, the presidents of Kazakhstan, Belarus and Russia signed the treaty on the Eurasian Economic Union, which came into effect on 1 January 2015. The presidents of Armenia and Kyrgyzstan were also present at the signing ceremony. Russian president Vladimir Putin stated, "Today we have created a powerful, attractive centre of economic development, a big regional market that unites more than 170 million people." Kazakh politicians emphasised the Eurasian Economic Union was not intended to be a political bloc, but a purely economic union. Bakytzhan Sagintayev, the first deputy prime minister of Kazakhstan and lead negotiator, said, "We are not creating a political organisation; we are forming a purely economic union." He further stated "it is a pragmatic means to get benefits. We don't meddle into what Russia is doing politically, and they cannot tell us what foreign policy to pursue." By October, the treaty had received parliamentary approval from all three states. On 9 October 2014, a Treaty to enlarge the EAEU to Armenia was signed. Kyrgyzstan signed the Treaty on 23 December 2014 and became a member of the Eurasian Union on 6 August 2015.

Treaty on the Eurasian Economic Union

The Treaty on the Eurasian Economic Union (EAEU Treaty) entered into force on 1 January 2015.

Many provisions and separate agreements were codified, consolidated and incorporated into the EAEU Treaty and the EAEU's legal framework (officially "EAEU Treaty and international agreements within the EAEU" according to the database of law of the Eurasian Economic Union), some agreements were terminated and replaced, but some older agreements are still in force in part not contrary to the Treaty on the Eurasian Economic Union (officially "Other international treaties" according to the database of law of the Eurasian Economic Union). The Customs Union of the Eurasian Economic Union is now regulated by Part Two of the Treaty on the Eurasian Economic Union (which entered into force on 1 January 2015), EAEU Customs Code, other international agreements and by decisions of supranational bodies as Supreme Eurasian Economic Council, Intergovernmental Council and Eurasian Economic Commission.

The Eurasian Economic Community was terminated on 1 January 2015.

On 29 May 2019, during a meeting of the Supreme Eurasian Economic Council, a decision was made to award Nursultan Nazarbayev the title of Honorary Chairman of the Supreme Eurasian Economic Council. At the meeting, Kyrgyz president Jeenbekov called Nazarbayev the successor to the great Eurasians Nikolai Trubetskoy and Lev Gumilyov: "Many great people dreamed of Eurasianism. Prince Nikolai Sergeevich Trubetskoy was the first to say this in 1921. Later, Lev Nikolaevich Gumilev developed the idea of combining ethnic groups and landscapes. And only the respected Nursultan Abishevich Nazarbayev managed to make Trubetskoy and Gumilev's dream come true. Twenty-five years ago, the respected Nursultan Abishevich voiced the idea and created the foundation for the formation of Eurasian integration."

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