AGREEMENT BETWEEN THE STATE CUSTOMS COMMITTEE OF THE REPUBLIC OF BELARUS AND STATE CUSTOMS COMMITTEE OF THE AZERBAIJAN REPUBLIC

of May 29, 2019

About the organization of exchange of preliminary data on the goods and vehicles moved between the Republic of Belarus and the Azerbaijan Republic

The State Customs Committee of the Republic of Belarus and the State Customs Committee of the Azerbaijan Republic which are hereinafter referred to as with the Parties

on the basis and being guided by regulations of the Agreement between the Government of the Republic of Belarus and the Government of the Azerbaijan Republic on cooperation and mutual aid in customs affairs of November 5, 2004 (further - the Agreement of 2004),

recognizing importance of international cooperation in development of modern forms and methods of customs control,

realizing need of introduction of measures for assistance to trade, creating favorable conditions for participants of foreign economic activity due to acceleration of making of customs transactions both prior to submission of the customs declaration, and connected with goods placement under customs procedure,

considering necessary activation of customs cooperation by means of electronic exchange of preliminary data for the purpose of increase in efficiency of customs control concerning the goods and vehicles moved between the states of the Parties

agreed as follows:

Article 1

For the purposes of this agreement the following terms are used:

preliminary data - information on the goods and vehicles moved through customs border from the territory of the state of one Party on the territory of the state of other Party after implementation of customs transactions and procedures, transferred by the Parties in electronic form;

Specifications of information exchange - the document determining structure and format of electronic messages, exchange of which will organize the Parties with use of information systems, the regulations, procedure and method of exchange, structure, format and data source, requirements for protection of preliminary data, and also requirements to program and technical means of information systems.

Article 2

The parties will organize exchange of preliminary data for achievement of the following purposes:

- accelerations of making of the customs transactions connected with goods placement under customs procedure;

- reducings number of the documents necessary for making of the customs transactions connected with goods placement under customs procedure;

- minimization of application of forms and methods of customs control of goods on the basis of information analysis about goods using risk management system.

Article 3

The parties within competence according to the legislation of the states and within the Agreement of 2004 will organize exchange of the preliminary data received by them when implementing customs transactions concerning the goods and vehicles which are exported from the territory of the state of one of the Parties on the territory of the state of other Party.

Preliminary data go no later than one working day following behind day of the room under customs procedure of the goods which are exported from the territory of the state of one of the Parties on the territory of the state of other Party.

Article 4

The preliminary data received according to this agreement have confidential character and can be used only for the customs purposes. For other purposes they can be used only from written consent of the Party which provided them.

The parties provide protection of the received preliminary data within this agreement according to the legislation of the states.

Article 5

Develop Specifications of information exchange which affirm their heads for realization of provisions of Article 3 of this agreement of the Party.

The parties will organize exchange of preliminary data concerning goods and vehicles within the Agreement of 2004 and in volume of the data determined by appendix to this agreement according to Specifications of information exchange.

Article 6

The parties inform each other on any cases of detection of unauthenticity of information obtained as a result of exchange of preliminary data.

Article 7

The parties inform each other on the competent structural divisions which:

perform development and approval of Specifications of information exchange and means of communication, technologies of processing and data transmission, and also requirements for information security;

determine methods of identification of goods and vehicles for the purpose of binding of preliminary data to specific batch and (or) to specific vehicles;

are responsible for exchange of preliminary data.

Article 8

The parties for the purpose of implementation of this agreement will organize tests on exchange of preliminary data on the goods and vehicles moved between the states of the Parties.

The parties by exchange of letters approve procedure for transfer, structure and format of data, requirements for protection of preliminary data, the basic technological principles of preliminary data, procedure for identification of preliminary data with specific goods and vehicles, modes of transport concerning which exchange of preliminary data, the list of territorial subdivisions of customs authorities of the states of the Parties in which tests, and also terms of their realization will be performed will be performed.

After approval of the questions specified in this Article, the Parties hold necessary organizational and technical events and in writing notify each other on readiness for the beginning of implementation of tests.

The term of implementation of tests on exchange of preliminary data constitutes six months. This term if necessary can be prolonged by mutual consent of the Parties.

Article 9

Upon completion of tests of the Party make the decision on the beginning of exchange of preliminary data on regular basis.

The parties in writing notify each other on readiness to begin exchange of preliminary data on regular basis.

Article 10

For the purpose of implementation of this agreement of the Party hold consultations, provide each other the directory materials necessary for exchange of preliminary data.

Article 11

By mutual consent of the Parties changes and additions which are its integral part, drawn up by separate protocols which become effective according to the procedure, stipulated in Clause the 13th this agreement can be made to this agreement.

Article 12

Disagreements between the Parties concerning interpretation and application of provisions of this agreement are permitted by consultations and negotiations between the Parties.

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