The protocol on cooperation between Customs Services of the State Parties of agreements on the Customs union in the field of ensuring own safety
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, the State Customs Committee of the Russian Federation, Customs committee under the Government of the Republic of Tajikistan, the hereinafter referred to as Customs Services of the Parties (or the Parties),
based on provisions of the Agreement on cooperation and mutual assistance in customs affairs of April 15, 1994 and the Concept of ensuring own safety of customs authorities approved by the decision of Council of heads of Customs Services of the State Parties of the Commonwealth of September 25, 1997
proceeding from mutual interest in acceptance of the effective measures aimed at providing own safety of Customs Services of the Parties
being effective according to the international obligations and the legislation of the states in the field of own safety of Customs Services of the Parties, on the basis of reciprocity and within the competence,
agreed as follows,
The parties perform cooperation and interaction in the field of ensuring own safety in the following main directions.
1.1. Exchange of information, their own safety which is of interest to Customs Services of the Parties taking into account providing.
1.2. Development and implementation of the joint efforts directed to protection of officials of customs authorities, and also members of their families, Customs Services of the Parties against criminal encroachments, fight against the crimes connected with execution by officials of the service duties.
1.3. Identification, the prevention, suppression and disclosure of the crimes committed by officials of customs authorities of the Parties.
1.4. Conducting the approved investigation and search operations ensuring own safety of customs authorities and also on the crimes carried to competence of Customs Services of the Parties.
1.5. Rendering assistance in retraining of officials of Customs Services of the Parties.
The parties consider mutual interests and obligations in case of the conclusion of interservice agreements with national state bodies, and also with state bodies of the third countries concerning ensuring own safety.
For the purpose of practical realization of the this Protocol Customs Services of the Parties determine the divisions of own safety which are hereinafter referred to as with Executive bodies.
4.1. Executive bodies render each other assistance in limits of the competence and fulfill the obligations on the this Protocol based on requests of other Party and according to the legislation of the Parties.
4.2. Executive bodies on the basis of reciprocity, it is non-paid and according to requests provide each other in writing information on the directions specified in Article 1.
In immediate cases information can be transferred in oral form. The request or information transferred in oral form prove to be true further in writing.
4.3. Information can go without request if, according to the Executive body having it it is of interest to other Executive body.
4.4. The required Executive body provides objectivity and reliability of the provided information. He has the right to establish obligatory for execution by the requesting Executive body of condition of use of the provided information.
Executive bodies exchange work experience on ensuring own safety of Customs Services of the Parties and fight against the offenses specified in Article 1.
For the purpose of consideration of implementation process of the cooperation and interaction provided by the this Protocol and also on the questions interesting the Parties, Executive bodies according to the mutual arrangement hold joint consultations, working meetings, seminars in the terms coordinated with with each other.
6.1. For the purpose of rendering the methodical and advisory help executive bodies within the competence can perform exchange of specialists. For the effective and operational solution of the questions connected with execution of provisions of this Article, the host party gives them help and creates necessary conditions, including provides transport and means of communication.
6.2. In case of planned visits of delegations, working groups and certain employees their organizational technical supply is made by the host party.
When implementing the unplanned actions connected with holding meetings, working meetings, visits of costs for their organization and carrying out are financed by agreement of the Parties.
7.1. Executive bodies perform cooperation and interaction without prejudice to safety of Customs Services of the Parties.
7.2. Information constituting exchange subject between Executive bodies is confidential and cannot be transferred to somebody or is used without conditions of the Executive body providing information and its written consent.
7.3. Executive bodies provide proper accounting and storage of information constituting exchange subject between them, create the conditions excluding illegal access, modification or possibility of the legend of its publicity.
8.1. The either party can refuse in parts or in full accomplishment of the provisions provided by the this Protocol or stipulate their accomplishment by certain conditions if, in her opinion, their accomplishment can cause damage to safety or contradicts the legislation of the Parties.
8.2. About refusal in accomplishment of request, and also the requesting Executive body is notified on cause of failure without delay. In accomplishment of request refuses if its execution can cause damage to sovereignty, safety, contradicts the legislation or the international obligations of the requesting Party.
Executive bodies perform retraining and personnel training in enhancement of professional skills, and also provide exchange of the available professional, scientific and technical data in the field of ensuring own safety.
Executive bodies of the Parties give help to the representative offices of Customs Services which are in their territory in ensuring their own safety, according to the specified Protocol through the authorized staff of representations.
11.1. The this Protocol becomes effective from the date of its signing and will be effective before the expiration of six months from the date of when the Parties receive the written notice of other participants of the Protocol on their intention to terminate the Protocol. The party intending to terminate the Protocol shall fulfill in the specified terms all the obligations concerning other participants of the Protocol.
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