DECISION OF COUNCIL OF HEADS OF CUSTOMS SERVICES OF THE STATE PARTIES OF COMMONWEALTH OF INDEPENDENT STATES

of March 28, 2002 No. 5/34

Council of heads of Customs Services of the State Parties of the Commonwealth solved:

1. Approve the Single procedure for exchange of information on requests of Customs Services of the State Parties of the CIS in connection with production on cases on customs offense and conducting checks and to consider it become effective since July 1, 2002.

2. To Customs Services of the State Parties of the CIS till July 1, 2002 to take the measures necessary for entry into force of the Single procedure for exchange of information for requests of Customs Services of gosudarstvuchastnik of the CIS in connection with production on cases on customs offense and conducting checks.

3. To send to Customs Services of the State Parties of the CIS till July 1, 2002 to the Secretariat of Council complete details of the customs authorities (postal addresses, numbers and call signs of teletypes, phone numbers and telefaxes, First name, middle initial, last name persons authorized on execution of provisions of the specified Procedure which the Secretariat of Council in generalized view will send directly to Customs Services of gosudarstvuchastnik of the CIS.

4. Consider voided since July 1, 2002. The single procedure for exchange of information on requests of Customs Services of the State Parties of the CIS in connection with production on cases on customs offense and conducting checks approved by the decision of Council of May 16, 1996.

Approved by the Decision of Council of heads of Customs Services of the State Parties of the CIS of March 28, 2002, No. 5/34

Single procedure for exchange of information on requests of Customs Services of the State Parties of the CIS in connection with production on cases on customs offense and conducting checks

This Procedure is developed according to the multilateral intergovernmental agreement about cooperation and mutual assistance in customs affairs signed in Moscow on April 15, 1994.

The purpose of acceptance of this Procedure is increase in efficiency and reducing completion dates of requests, streamlining of exchange of information on requests in connection with conducting checks and production on cases on customs offense, improvement of control of its implementation from the central customs authorities of the State Parties of the CIS, further - the parties.

1. The terms used in this Procedure

In this Procedure terms are used:

"Customs Service" - the central customs authority of the Party;

"customs" - the territorial customs authority of the Party authorized by the central customs authority on exchange of information within this Procedure;

"customs offense" - any violation or attempt (preparatory actions) of violation of the customs legislation attracting the administrative responsibility.

2. Direction of requests

2.1. Inquiries of the requesting Customs Services are sent to required Customs Services of the Parties.

2.2. Inquiries of the requesting customs are sent directly to required customs.

2.3. For the organization of exchange of requests and Customs Services of the Parties at least once a year communicate the lists containing addresses of Services, customs, surnames, names and middle names of persons authorized on realization of provisions of this Procedure.

2.4. If the Customs Service of the Party independently opened case on customs offense or performs check, inquiries are sent only by the requesting Customs Service to required Customs Service.

2.5. In case the inquiry needs to be sent to two or more customs, and also in situations when from the available information it is impossible to determine to what customs it is necessary to send inquiry, the requesting customs sends inquiry through the Customs Service.

2.6. Control of observance of this procedure is exercised by Customs Services of the Parties.

2.7. Can form the basis for sending an inquiry:

- production on cases on customs offense;

- conducting checks by customs authorities within the competence;

- need of receipt of confirmation or confutation of the data specified in the documents submitted to customs;

- conducting checks of import/export, transit of goods, reliability of declaration of goods.

2.8. The request is drawn up in writing on the form of Customs Service or customs and signed by the authorized officer.

2.9. The request shall contain surely:

- the reference to the Agreement on cooperation and mutual assistance in customs affairs, signed in Moscow on April 15, 1994 and this Procedure;

- summary of merits of case and reason of sending an inquiry;

- the size of the caused or expected material damage (in case of possibility of its determination);

- appendices (the copy of documents on which references in the text of request, and also the copy of contracts, accounts (invoices), customs declarations, transport and other documents are had);

- the list of specific actions which accomplishment is requested. In case of need receipts of explanations need be specified what circumstances shall be found out and specified, and also to provide the specific list of questions which shall be delivered interviewed, and also their sequence;

- any other information necessary for accomplishment of request;

- in case of availability of structure of offense legal qualification according to the legislation of the Party which sent inquiry is specified.

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