Search

Wild Bird Conservation Act (16 U.S.C. 4901)

QR No. 14: Prohibition on the import of exotic bird species

Administered by the U.S. Department of the Interior, U.S. Fish and Wildlife Service

Bald and Golden Eagle Protection Act (16 U.S.C. 668)

QR No. 15: Prohibition on the import and export of bald and golden eagles

Administered by the U.S. Department of the Interior, U.S. Fish and Wildlife Service

Migratory Bird Treaty Act (16. U.S.C. 703)

QR No. 16: Prohibition on the import and export of migratory birds

Administered by the U.S. Department of the Interior, U.S. Fish and Wildlife Service

THE MODIFICATION OF THE TIMETABLE FOR THE DISMANTLING OF THE BALANCE-OF-PAYMENTS SAFEGUARD MEASURE IMPOSED BY THE REPUBLIC OF ECUADOR

In line with article 389 of the Constitution of the Republic of Ecuador, which provides that the State shall protect persons, communities and nature against the adverse effects of natural or manmade disasters through risk prevention, disaster mitigation, restoration and the improvement of social, economic and environmental conditions, with a view to minimizing the condition of vulnerability, Ecuador notifies the WTO for the modifications in time schedules, for removing the 5% surcharge and for deferring for an additional year the implementation of the rest of the timetable proposed and discussed in the Committee, so that the reduction of the existing surcharges by one third will take effect in April 2017, and so on and so forth until the measure is completely eliminated in June 2017.

The Revision of BASIC POLICY FOR THE PROMOTION OF THE PROCUREMENT OF ECO-FRIENDLY GOODS AND SERVICES" UNDER THE "LAW CONCERNING THE PROMOTION OF THE PROCUREMENT OF ECO-FRIENDLY GOODS AND SERVICES BY THE STATE AND OTHER ENTITIES

The original "Basic Policy for the Promotion of the Procurement of Eco-Friendly Goods and Services" (hereinafter referred to as "Basic Policy") was adopted by the cabinet decision in February 2001 (partially revised in February 2015) based on the "Law Concerning the Promotion of the Procurement of Eco-Friendly Goods and Services by the State and Other Entities" which went into effect in January 2001. In February 2016, concerning designated procurement items under the Basic Policy, the revision of the evaluation criteria and/or factors for consideration for 46 items was adopted by the cabinet decision

LAW OF UKRAINE "ON PUBLIC PROCUREMENT"

The public procurement system of Ukraine is regulated under the Law of Ukraine "On public procurement", adopted by the Verkhovna Rada of Ukraine as of 25 December 2015 No. 922-19 that came into force on 1 April 2016. The Law of Ukraine "On public procurement" (hereinafter referred to as "PPL") provides:
1. The replacement of current paper and partially electronic based procurement procedures by electronic processes auctions.
2. Approximation of the PPL provisions with certain EU practices that are recognized as efficient in the EU countries.

The law sets the requirement that "Technical and qualitative characteristics of the procurement item shall provide for necessary environmental protection measures".

Trade-related Investment Measures in the Oil and Gas and Mining Sector
Law of the Republic of Kazakhstan No. 291-IV «On Subsurface and Subsurface Use» of 24 June 2010

Chapter 1. General provisions
Article 3. Sphere of application of this Law
(…)
2. Relations with regard to the use and protection of land, water (except for ground water and therapeutic muds), forests, flora and fauna, and atmospheric air shall be regulated by special legislation of the Republic of Kazakhstan. (...)

Article 4. Aims and objectives of the legislation of the Republic of Kazakhstan on subsurface and subsurface use
1. The aims of legislation of the Republic of Kazakhstan on subsurface and subsurface use shall be the provision of the economic growth and the protection of interests of the Republic of Kazakhstan and its natural resources.
(...)

Article 5. Principles of the legislation of the Republic of Kazakhstan on subsurface and subsurface use
Legal regulation of relations related to the subsurface and subsurface use shall be based on the following principles:
(...) 2) the provision of the protection of subsurface and environment; (...)

Article 7. The provision of the protection of subsurface and environment
An obligatory condition for exercising the right to subsurface use is the provision of prevention of subsurface contamination and reduction of the harmful impact of subsurface use operations on the environment.
(...)

Trade-related Investment Measures in the Oil and Gas and Mining Sector
Law of the Republic of Kazakhstan No. 291-IV «On Subsurface and Subsurface Use» of 24 June 2010

Chapter 1. General provisions
Article 14. Restriction and prohibition of subsurface use
1. The use of separate portions of subsurface may be restricted or prohibited by the decision of the Government of the Republic of Kazakhstan in order to ensure national security, population safety and protection of the environment.
2. The use of the subsurface within the territory of inhabited areas, suburban areas, industrial, transportation and communication facilities may be fully or partially prohibited by a decision of the Government of the Republic of Kazakhstan unless such use may endanger human life and health or cause damage to commercial facilities or to the environment.
3. The use of the subsurface within the territory of specially protected natural areas shall be performed in compliance with the legislation of the Republic of Kazakhstan on specially protected natural areas.

Article 14-1. Plots of mineral resources, deposits of strategic importance
In order to ensure sustainable development of the Republic of Kazakhstan and security of the country individual sections of the subsurface, deposits are recognized as strategic.
The list of subsurface plots, deposits of strategic importance, as well as criteria for their designation as such are approved by the Government of the Republic of Kazakhstan.

Trade-related Investment Measures in the Oil and Gas and Mining Sector
Law of the Republic of Kazakhstan No. 291-IV «On Subsurface and Subsurface Use» of 24 June 2010

Chapter 2. State regulation in the sphere of subsurface use
Article 16. The competence of the Government of the Republic of Kazakhstan
The Government of the Republic of Kazakhstan shall:
(...)
5) establish subsurface use restrictions and prohibitions for the purposes of ensuring national security, safety of the population and environmental protection; (...)
14) approve lists of geological, geomorphological and hydrogeological objects of the State-owned natural preserve fund of republican and international significance and determine the procedure for their limited commercial use in specially protected natural areas, as well as approves lists of portions of subsurface representing special ecological, scientific, cultural and other value, recognized as the category of specially protected natural areas of the republican significance; (...)

Article 18. The competence of the authorized body in the sphere of oil and gas
The competence of the authorized body in the sphere of oil and gas shall include:
(...)
5) approval of the development program of associated gas processing, introduction of alterations and amendments to approved programs of gas utilization and programs of development of associated gas processing upon agreement with the authorized bodies for environment protection and for study and use of subsurface; (...)
11) development and approval of the procedure for conducting petroleum operations on sea, inland water bodies, within environmental emergency areas and specially protected natural areas; (...)
19) conducting analysis and the appraisal of risks of causing harm to human life and health and environment in the sphere of petroleum operations and petroleum transportation; (...)

Article 19. The competence of the authorized body in the sphere of State support of industrial and innovation activity
(...) 12) development and approval of the rules of liquidation and conservation of the objects of the subsurface use; (...)

Article 20. The competence of the authorized body for study and use of the subsurface
(...) 7) organise the preparation and maintain the State register of the mineral reserves, State cadastres of deposits and occurrences of minerals, hazardous geological processes; (...)
32-9) approve the order of determining the size of the damage, incurred as a result of breaching requirements in the field of sustainable use of subsurface;
32-10) approve an order of the account of the geological, hydrogeological, geotechnical, geophysical, ecological, geological, and geochemical study of the territory of the Republic of Kazakhstan; (...)

Article 25. The competence of an authorized body for environmental protection
The authorized body for environmental protection shall:
1) exercise State control over subsurface protection;
2) approve the issuance of permissions for the construction and (or) operation of underground facilities not related to exploration or production, within or outside of a contract area and designated for burial of radioactive wastes, harmful substances and waste waters;
3) determine, together with the authorized body for the study and use of subsurface, the amount of damage resulting from violation of subsurface protection requirements and violations of State ownership of the subsurface;
4) is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);
5) approve programs of measures for prevention of accidents and other dangerous situations during the performance of petroleum operations, the construction and operation of oil and gas pipelines;
6) exercise State control over conservation and liquidation of subsurface use objects;
7) perform ecological expertise of projects of exploration, production, and combined exploration and production contracts;
8) approve the lists of projects of a subsurface portion, except for the portions of subsurface containing widespread mineral deposits which are subject to tendering and also provided in a simplified procedure for exploration;
8-1) approve the issuance of a written permission to the right to subsurface use under construction (reconstruction) and repair of general purpose highways, railroads and hydraulic structures;
9) exercise other powers stipulated by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
(...)

Article 27. The competence of local executive bodies of a region, a city of republican significance, the capital
(...) 2) within the limits of their competence, exercise control of the protection of land plots and water areas granted for conducting subsurface use operations, compliance by subsurface users with the requirements for ecological safety, preservation of archaeological monuments and other sites of historic and cultural heritage;
3) participate in negotiations with subsurface users to resolve issues related to the observance of the social-economic and ecological interests of the population in the region when concluding contracts; (...) 15) promote the preservation of the items related to subsurface use which have environmental, scientific, historic and cultural, and recreational significance;
16) approve, upon agreement with the competent body and authorized central executive bodies, lists of the geological, geomorphologic and hydro-geological sites of the State natural preserve fund of local significance and the portions of subsurface that represent special ecological, scientific, historic and cultural, and recreational value and are included in the category of specially-protected natural areas of local significance; (...)
19-1) elaborate and suggest for approval by maslikhat the rules of building-up of the territories of the cities and population locations, the rules of maintenance and protection of green plants, rules of improvement of the territories of the cities and population locations; (...)

Trade-related Investment Measures in the Oil and Gas and Mining Sector
Law of the Republic of Kazakhstan No. 291-IV «On Subsurface and Subsurface Use» of 24 June 2010

Chapter 3. The right to subsurface use
Article 35. Granting the right to subsurface use
(…) 10. Granting the right to subsurface use for widespread mineral deposits, used in construction (reconstruction) and repair of general purpose highways, railroads and hydraulic structures shall be performed on the basis of a permission in writing by a local executive body under the agreement with the territorial division of the competent body for study and use of subsurface and the authorized body for environmental protection, according to the procedure, established by the Government of the Republic of Kazakhstan.

Article 40. Termination of the right to subsurface use
2. The right to subsurface use shall terminate in the following cases:
1) termination of the contract;
2) expiration of the term or revocation of a permission for performance of operations involving the construction and (or) operation of underground facilities not related to exploration or production and designated for burial of radioactive waste, harmful substances and waste waters, as well as for exploration or production of industrial-technical ground water in volumes of two thousand or more cubic meters a day, for granting the right to subsurface use under construction (reconstruction) and repair of general purpose highways, railroads and hydraulic structures in accordance with paragraph 6 and 10 of Article 35 of this Law;
(...)