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The protocol on customs clearance of the goods transported under customs control between customs authorities of the State Parties of the Customs union

of December 8, 1998

The State Customs Committee of the Republic of Belarus, Customs committee of the Ministry of state revenues of the Republic of Kazakhstan, the State customs inspection under the Ministry of Finance of the Kyrgyz Republic and the State Customs Committee of the Russian Federation which further are referred to as with the Parties

in view of Bases of customs legislations of the State Parties of the CIS of February 10, 1995, the Agreement on the Customs union between the Russian Federation and the Republic of Belarus of January 6, 1995, the Agreement on the Customs union of January 20, 1995, the Treaty of Accession of the Kyrgyz Republic to agreements on the Customs union of March 29, 1996, for the purpose of implementation of the Agreement on uniform conditions of transit through the territories of the State Parties of the Customs union of January 22, 1998,

aiming at ensuring effective customs control over the goods transported under customs control between customs authorities of the State Parties of the Customs union

wishing to promote simplification of international carriages of goods by unification of customs procedures,

agreed as follows.

Article 1

The goods and vehicles moved between customs authorities of any State Party of the Customs union en route through its territory or through the territory of foreign state are subject to customs clearance according to the Regulations on customs regime of transit approved in each of the State Parties of the Customs union.

Regulations on customs regime of transit are developed taking into account the features established by national legal systems of the states of the Parties on the basis of the Standard regulations on customs regime of transit attached to the this Protocol and being its integral part (further - Regulations on customs regime of transit).

Article 2

The parties will approve Regulations on customs regime of transit during the first half of 1999 and will take measures for the maximum reducing time necessary for their entry into force in each of the states of members of the Customs union.

Article 3

In case of development of Regulations on customs regime of transit of the Party will bring in them without any changes from Standard regulations on customs regime of transit the following appendices:

- the list of dangerous wastes which transit is forbidden (appendix 1 to the Standard regulations on transit - appendix 1 to the Agreement on uniform conditions of transit through the territories of gosudarstvuchastnik of the Customs union of January 22, 1998);

- the list of dangerous wastes which cross-border transportations are subject to regulation (appendix 2 to the Standard regulations on customs regime of transit - appendix 2 to the Agreement on uniform conditions of transit through the territories of the State Parties of the Customs union);

- sample of form of the transit declaration and procedure for its filling (appendices 3 and 4 to the Standard regulations on customs regime of transit);

- samples of the seals and stamps applied in case of customs clearance of goods in transit (appendix 5 to the Standard regulations on customs regime of transit);

- sample of form of the certificate on delivery confirmation (appendix 6 to the Standard regulations on customs regime of transit).

Other Sections and Articles of the Standard regulations on customs regime of transit in case of development of the Regulations on customs regime of transit can be exposed to the changes which do not have basic nature proceeding from national legal systems, economic and other conditions existing in the State Parties of the Customs union.

Article 4

Crossing by goods in transit (except for alcoholic and tobacco products) and the vehicles of borders of the State Parties of the Customs union transporting them is allowed through all border check-points open for international carriages.

Crossing by alcoholic and tobacco products and vehicles of general borders transporting them between the State Parties of the Customs union is allowed through the border check-points determined by bilateral protocols between Sides of the adjacent states.

Article 5

By preparation of offers on establishment of routes of transit through the territories of the states of the Party will approve appropriate places of crossing of general border with the central customs authorities of the adjacent State Parties of the Customs union.

Article 6

Before entry into force of Regulations on customs regime of transit of the Party will approve format of the electronic copy of the transit declaration used in case of control of goods in transit.

Article 7

Procedure for customs clearance of the goods in transit transported between customs authorities of the State Parties of the Customs union which cancelled customs control on general borders are determined by free standing agreements between the central customs authorities of such states.

Article 8

The disputes and disagreements arising in case of interpretation and application of the this Protocol are permitted by carrying out consultations and negotiations of the Parties, and in case of lack of agreed decision are submitted for consideration of Integration Committee of the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic and the Russian Federation.

Article 9

Under mutual approval between the Parties in the this Protocol changes and additions which are drawn up by stand-alone programs to the Protocol and being its integral part can be made.

Article 10

The this Protocol is open for the accession to it of the central customs authority of any state which joined agreements on the Customs union, recognizing the provisions of the this Protocol operating at the time of accession, and expressing readiness to carry out them in full. Accession is performed with the consent of the Parties on conditions and according to the procedure, determined in the separate Protocol with the joining state.

Article 11

The this Protocol becomes effective after six months from the date of its signing.

The either party has the right to leave the this Protocol, having sent to the Integration Committee which is depositary of the this Protocol, the written notice of the intention at least in three months prior to exit previously having settled the obligations assumed according to the this Protocol.

It is made in Moscow on December 8, 1998 in one authentic copy in Russian.

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