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AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF UZBEKISTAN AND GOVERNMENT OF TURKMENISTAN

of October 8, 2015

About mutual assistance customs affairs

The government of the Republic of Uzbekistan and the Government of Turkmenistan which are hereinafter referred to as by the Parties

considering that violation of the customs legislation causes damage to economic, social and cultural interests of the states of the Parties,

recognizing the need for international cooperation for questions of administration and observance of the customs legislation,

understanding importance of ensuring exact charge of the customs duties and other taxes levied during the importing or commodity export and also including the correct cost determination and goods origins,

being convinced that the efforts directed to prevention of violations of the customs legislation can be more effective by means of close cooperation of customs authorities of the states of the Parties,

in view of the Recommendation of Customs Cooperation Council of mutual administrative assistance of December 5, 1953, provisions of the Single Convention on drugs of March 30, 1961, Conventions on psychotropic substances of February 21, 1971, Conventions of the United Nations on fight against illicit trafficking in drugs and psychotropic substances of December 19, 1988,

agreed as follows:

Article 1 Determination

For the purposes of this agreement the applied terms mean:

1. "Customs legislation" - set of regulatory legal acts of the states of the Parties regulating procedure for import, export and transit of goods, hand luggage and baggage of passengers, the international mailings, currency and other values, collection of customs duties and other taxes and fees or establishment of privileges, prohibitions, restrictions, permissions, control of movement of goods through customs border;

2. "Customs authorities":

for the Republic of Uzbekistan - the State Customs Committee,

for Turkmenistan - the State Customs Service;

3. "The requesting customs authority" - customs authority which sends inquiry for assistance in customs affairs according to this agreement or which receives such assistance;

4. "Required customs authority" - customs authority which receives request about assistance in customs affairs according to this agreement or which provides such assistance;

5. "Customs offense" - any violation or any attempt of violation of the customs legislation;

6. "Customs payments" - the customs duties, taxes, customs duties which are collected in the territories of the relevant states of the Parties according to the customs legislation;

7. "Person" - any physical person or legal entity;

8. "Data on persons" - all information concerning the identified or identified person;

9. "Drug" - any of substances, the natural or synthetic, included in Lists I and II of the Single Convention drugs of March 30, 1961 with subsequent changes and amendments;

10. "Psychotropic substance" - any substance, natural or synthetic or any natural material included in Lists I, II, III, IV of the Convention on psychotropic substances of February 21, 1971 with subsequent changes and amendments;

11. "Precursors" - any substance included in tables I and II of Appendix to the Convention of the UN on fight against illicit trafficking in drugs and psychotropic substances of December 19, 1988;

12. "Controlled delivery" - method according to which movement on the territory of the states of the Parties of the illegal or suspected of illegality batches, and also drugs, psychotropic substances and precursors from permission and under control of competent authorities of the states of the Parties for the purpose of identification of persons involved in illicit trafficking in goods, drugs, psychotropic substances and precursors is allowed.

Article 2 Agreement Scope

1. Based on this agreement of the Party through customs authorities, within the competence, perform cooperation by exchange of information and rendering mutual assistance for the purpose of:

a) enhancement of procedure for regulation of the relations connected with movement of goods, transit of vehicles through customs borders of the states of the Parties;

b) ensuring compliance with the customs legislation of the states of the Parties;

c) preventions, identifications, suppression and investigation of customs offenses;

d) simplification and acceleration of passenger and freight traffic between the states of the Parties;

e) experience exchange and the relevant information in the different directions of customs affairs;

e) the directions of the notification on documents concerning application of the customs legislation.

2. Assistance rendered within this agreement is performed according to the legislation of the state of the required Party and international treaties which participants are the states of the Parties.

Article 3 Assistance on demand

1. At the request of the requesting customs authority, the required customs authority provides the relevant information which can help with ensuring compliance with the customs legislation, including information concerning transportation and shipment of goods, arrangement and purpose of such goods, their costs and origins, and also information of rather made or planned actions which entailed or can entail violation of such legislation.

2. At the request of the requesting customs authority, the required customs authority informs on whether the goods which are exported from the territory of the state of one of the Parties were properly imported on the territory of the state of other Party.

3. At the request of the requesting customs authority, the required customs authority takes necessary steps for ensuring control for:

a) specific physical persons or legal entities if there are bases to believe that they violate or violated the customs legislation in the territory of the state of the requesting Party;

b) in places where goods are stored in such a way that there is basis to suspect that they are intended for illegal import on the territory of the state of the requesting Party;

c) movement of goods about which the requesting customs authority notifies as on possible making of considerable violation of the customs legislation in the territory of the state of the requesting Party;

d) or suspicions that they are used are vehicles which are known or could be used for making of customs offenses in the territory of the state of the requesting Party.

Article 4 Mutual aid

1. Customs authorities on demand or on own initiative transfer each other information necessary for ensuring proper application of the customs legislation of each of the states of the Parties and the prevention, identification, suppression and investigation of customs offenses, including information which can help with exact calculation and collection of customs payments.

2. The customs authority on own initiative or on demand provides to other customs authority information which is available for it concerning actions which can entail making of customs offense in the state of one of the Parties.

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