Agreement on legal assistance and interaction of customs authorities of state members of custom union on criminal cases and cases on administrative offenses

of July 5, 2010

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

based on provisions of the Constitutive treaty of Eurasian economic community of October 10, 2000, the Agreement on creation of single customs area and forming of custom union of October 6, 2007,

attaching importance to fight against violations of the customs legislation of custom union and the legislation of the Parties, control of which observance is imposed on customs authorities for which making administrative or criminal liability is provided,

wishing to render for this purpose each other broader assistance in investigation of the specified violations and to increase efficiency of cooperation in this area by the organization of interaction in case of investigation of criminal cases and cases on administrative offenses and their methodical providing, and also information exchange in the field,

agreed as follows:

Part I. General provisions

Article 1. Scope of application

1. Scope of this agreement is the legal assistance and interaction of customs authorities of the Parties for the purpose of disclosure of crimes, involvement of perpetrators to the criminal, administrative responsibility for violations of the customs legislation of custom union and the legislation of the Parties, control of which observance is imposed on customs authorities.

2. The central customs authorities for the purposes of this agreement are: from the Republic of Armenia - the Ministry of Finance of the Republic of Armenia, from the Republic of Belarus - the State Customs Committee, from the Republic of Kazakhstan - the Customs Control Committee of the Ministry of Finance, from the Russian Federation - the Federal Customs Service.

Territorial customs authorities are other customs authorities of the Parties performing production on criminal cases and (or) conducting administrative process (production) on cases on administrative offenses.

Article 2. Recognition of documents

The documents made or certified by organization or specially on that the authorized officer within their competence and sealed official in the territory of one of the Parties are accepted in the territory of other Parties without any special certificate.

Article 3. Language

Correspondence and exchange of information within this agreement is conducted in Russian.

Article 4. Confidentiality of information

1. Information and documents provided according to this agreement have confidential character and can be used, including in court, is exclusive for the purpose of, provided by this agreement. Use and information transfer for other purposes are possible only in the written consent of customs authority of the Party which provided it.

2. Each Party provides information security, documents and other data, including personal data represented by customs authorities of other Party.

Article 5. Methods of exchange of information

Correspondence and exchange of information within this agreement are performed by available means of communication, including telefax and electronic, with obligatory subsequent redispatching of the original by mail.

Article 6. Expenses

1. Each Party independently incurs the expenses arising in connection with implementation of this agreement in its territory.

2. In some cases the central customs authorities can agree about separation of expenses.

Part II. Rendering legal assistance on criminal cases

Article 7. Rendering legal assistance on criminal cases

The questions connected with rendering legal assistance on the criminal cases which are in production of customs authorities of the Parties are solved on the basis of applicable in the relations between the Parties of international treaties.

Part III. Legal assistance and interaction on cases on administrative offenses

Article 8. The direction of requests about provision of information and documents and orders on carrying out separate legal proceedings

1. Requests about provision of information and documents, orders about carrying out separate legal proceedings can go both between territorial customs authorities, and through the central customs authorities in the cases provided by this agreement.

2. In cases when it is impossible to determine to what customs authority it is necessary to send inquiry for provision of information and documents, the order about carrying out separate legal proceedings, they go to the central customs authority of the required Party.

3. Request about provision of information and documents, the order about carrying out separate legal proceedings are drawn up in writing on the form of customs authority and shall contain:

a) name of required customs authority of the relevant Party;

b) the name of the requesting customs authority of the relevant Party;

c) file number about administrative offense (in the presence) on which the legal assistance, the detailed description of offense and other facts relating to it this about the cost of goods, about the extent of damage, legal qualification of act according to the legislation of the requesting Party with appendix of the text of the applied law is requested;

d) names, middle names and surnames of persons concerning which administrative process is conducted (administrative production is performed), witnesses, their residence or residence, nationality, occupation, the place and birth date, for legal entities - their full name and the location (if about the listed data there is information);

e) in the order about delivery of the document the exact address of the receiver and the name of the handed document shall be also specified;

e) the list of the data and actions which are subject to representation or execution (for production of poll it is necessary to specify what circumstances shall be found out and specified, and also the sequence and the formulation of questions which shall be delivered to interviewed).

4. The request about provision of information and documents, the order about carrying out separate legal proceedings is might contain also:

a) specifying of completion date of required actions;

b) the petition for holding the actions specified in request in certain procedure;

c) the petition for provision of opportunity to representatives of customs authorities of the requesting Party to be present at accomplishment of the actions specified in request, and also if it does not contradict the legislation of the Parties, to participate in their accomplishment;

d) other petitions connected with accomplishment of request, the order.

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