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AGREEMENT

of May 21, 2010

About requirements to exchange of information between customs authorities and other state bodies of state members of the Customs union

(as amended on 08-05-2015)

The governments of state members of custom union within Eurasian economic community which are hereinafter referred to as with the Parties

based on the Agreement on the Customs Code of the Customs Union of November 27, 2009;

for the purpose of creation of the regulatory legal base for the organization of exchange of information between customs authorities of state members of custom union, and also between customs authorities of one state member of custom union and other state bodies of other state member of custom union;

for the purpose of ensuring protection of economic interests, development of foreign and mutual trade of state members of custom union and increase in efficiency of accomplishment of the state functions of state members of custom union by state bodies

agreed as follows:

Article 1

Customs authorities of state members of custom union communicate, received by customs authorities according to the customs legislation of custom union and (or) the legislation of state members of custom union.

Customs authorities of one state member of custom union provide information obtained by customs authorities according to the customs legislation of custom union and (or) the legislation of state members of custom union to other state body of other state member of custom union through customs authority of other state member of custom union according to the customs legislation of custom union and this agreement.

Article 2

Information specified in Article 1 of this agreement is created of official these customs authorities and other state bodies of state members of custom union and is provided on a grant basis.

Information carried by the legislation of state member of custom union to information of limited distribution (the state, commercial, bank, tax or protected by the law other secret (secrets), and also other confidential information) can be subject to exchange with observance of requirements of legislations of state members of custom union for its protection.

Customs authorities and other state bodies of state members of custom union not transfer to the third party information specified in part one of this Article without written consent of the state body which provided this information.

In this agreement the third party is understood as person who is not participating in information exchange according to this agreement.

Article 3

The structure and procedure for exchange of information between customs authorities of state members of custom union is determined by the signed international agreements and other international regulatory legal acts of state members of custom union.

Article 4

Exchange of information between customs authorities of state members of custom union with use of the information technologies and systems created within custom union is performed at the level of the central customs authorities.

The central customs authorities for the purposes of this agreement are:

from the Republic of Belarus - the State Customs Committee of the Republic of Belarus,

from the Republic of Armenia - the Ministry of Finance of the Republic of Armenia;

from the Republic of Kazakhstan - the Customs Control Committee of the Ministry of Finance of the Republic of Kazakhstan,

from the Russian Federation - the Federal Customs Service of the Russian Federation;

from the Kyrgyz Republic - the State Customs Service under the Government of the Kyrgyz Republic.

Article 5

For the purposes of implementation of requirements of the signed international agreements and other international regulatory legal acts specified in Article 3 of this agreement and providing the organization of information exchange with use of information technologies and systems, customs authorities of state members of custom union develop Specifications and (or) Technologies of information exchange.

Specifications shall determine structure and formats of information, and also requirement to computer aids, software, means of telecommunications, to communication and means of information protection and other technical requirements necessary for the organization of information exchange.

Article 6

Customs authorities and other state bodies of state members of custom union shall:

provide reliability of the transmitted data and, in case of need, quickly to make changes to it;

to warn timely about impossibility of information transfer in case of contingencies.

Article 7

The customs authorities and other state bodies of state members of custom union intending to stop information transfer shall express the intention about it in writing and at least in six months.

Article 8

1. The disputes between the Parties connected with interpretation and (or) application of provisions of this agreement are permitted, first of all, by negotiation and consultations.

2. If the dispute is not settled by the parties of dispute by negotiations and consultations within six months from the date of the official written request for their carrying out sent to one of the parties of dispute to other party of dispute, then, in the absence of other arrangement between the parties of dispute on method of its permission, the either party of dispute can bring this dispute for consideration To trial of Eurasian economic community.

3. The commission of custom union renders assistance to the Parties in dispute settlement before its transfer for consideration to Court of Eurasian economic community.

Article 9

Changes which are drawn up by the separate protocols which are integral parts of this agreement can be made to this agreement.

Article 10

This agreement is subject to ratification and is temporarily applied from the date of entry into force of the Agreement on the Customs Code of the Customs Union of November 27, 2009.

This agreement becomes effective from the date of receipt of the last written notice by depositary through diplomatic channels about accomplishment of the Parties of the interstate procedures by the states necessary for the introduction of this agreement in force.

It is made in the city of St. Petersburg on May 21, 2010 in one authentic copy in Russian.

The authentic copy of this agreement is stored in the Commission of custom union which will send to each Party its verified copy.

For the Government of the Republic of Belarus

For the Government of the Republic of Kazakhstan

For the Government of the Russian Federation

 

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