Agreement on the mutual administrative aid of customs authorities of state members of custom union

of May 21, 2010

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,

agreed as follows:

Part I. General provisions

Article 1. Agreement coverage

Customs authorities of state members of custom union (daleetamozhenny bodies) according to provisions of this agreement:

communicate, promoting ensuring compliance with the customs legislation of custom union and the legislation of state members of custom union;

carry out separate forms of customs control at the request of customs authority of other state member of custom union;

mutually recognize the decisions made by customs authorities.

Article 2. The terms used in this agreement

In this agreement the following terms and their determinations are used:

1) central customs authorities:

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

for the Republic of Belarus - the State Customs Committee of the Republic of Belarus;

for the Republic of Kazakhstan - the Customs Control Committee of the Ministry of Finance of the Republic of Kazakhstan;

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

2) territorial customs authorities:

for the Republic of Armenia - customs;

for the Republic of Belarus - customs;

for the Republic of Kazakhstan - territorial subdivisions of the Customs Control Committee of the Ministry of Finance of the Republic of Kazakhstan on areas (the cities of republican value, the capital), customs;

for the Russian Federation - regional customs authorities and customs;

3) the requesting customs authority - the customs authority sending inquiry according to this agreement;

4) required customs authority - the customs authority which received request according to this agreement;

5) the charging customs authority - the customs authority directing the order according to this agreement;

6) the performing customs authority - the customs authority which received the order according to this agreement.

Part II. Exchange of information between customs authorities

Article 3. Organization of exchange of information

1. Customs authorities provide each other on own initiative or on demand information for the purpose of ensuring compliance with the customs legislation of custom union and (or) the legislation of state members of custom union, and also for the prevention of violations of the customs legislation of custom union and (or) legislations of state members of custom union, including documents or their verified copies.

2. Exchange of information between customs authorities is performed in written and (or) electronic forms by means of:

directions of requests and provision of information;

directions of information on own initiative;

exchange of normative and other legal acts.

3. The central customs authorities jointly determine the scope of information for information exchange, perform development and approval of specifications of information exchange and technologies of processing and data transmission, requirements for information security.

4. The central customs authorities within six months after the signature of this agreement will approve Specifications on the organization of exchange of information electronically, stipulated in Article 4 this agreements, including:

1) procedure for the organization of exchange of information;

2) methods of provision of information;

3) requirements for information security;

4) structure, structure and format of information.

Exchange of information is electronically performed between customs authorities after ensuring their technical readiness what the central customs authorities in writing notify each other on.

5. The central customs authorities have the right to perform mutual exchange of information:

on the applied measures for risk minimization, and also other information promoting increase in efficiency of carrying out customs control;

according to provisional solutions on classification of goods by the single Commodity nomenclature of foreign economic activity of custom union (further - ETN foreign trade activities);

according to the conclusions of customs experts;

in case of control of the actual commodity exportation out of limits of customs area of custom union;

in case of the control of transportations of goods on customs area of custom union according to customs procedure of customs transit according to the procedure determined by the central customs authorities;

other information determined by the central customs authorities.

Article 4. Exchange of information electronically

The central customs authorities perform regular exchange electronically of the following information:

1) data from databases of customs declarations on the approved line items determined in Specifications by the organization of electronic exchange of information according to item 4 of Article 3 of this agreement, except for the data relating to the state secret;

2) data from databases of provisional solutions on classification of goods on ETN foreign trade activities on the approved line items determined in Specifications by the organization of electronic exchange of information according to item 4 of Article 3 of this agreement, except for the data relating to the state secret.

Article 5. Bases of the direction of requests

1. Foundations of sending an inquiry about provision of documents and data (further - request) are:

1) identification as a result of exchange of information of discrepancies of data on goods, vehicles of international delivery and (or) persons having powers concerning goods;

2) availability of the data testimonial of possible violation of requirements of the customs legislation of custom union and (or) the legislation of state member of custom union which customs authority sends inquiry;

3) carrying out customs control by customs authority.

2. The inquiry can be sent in the presence of other bases, not stipulated in Item 1 this Article.

Article 6. Procedure for the direction of requests

1. Exchange of requests and answers to them is performed as between the central customs authorities, and is direct between territorial customs authorities.

In cases when it is impossible to determine in what customs authority it is necessary to send inquiry, the direction of requests is performed through the central customs authorities.

2. The request is drawn up by the letter, the signed chief (head) of the requesting customs authority or its deputy.

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