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The agreement on uniform conditions of transit through the territories of the State Parties of the Customs union

of January 22, 1998

The governments of the Republic of Byelorussia, the Republic of Kazakhstan, the Kyrgyz Republic and the Russian Federation which further are referred to as with the Parties in view of Bases of customs legislations of the State Parties of the Commonwealth of Independent States of February 10, 1995,

confirming the commitment to transit liberty principles,

recognizing need of simplification of international carriages as all modes of transport by harmonization and unification of customs procedures without damage of national interests of each of the State Parties of this agreement,

considering that improvement of conditions of transportations is one of essential factors of development of cooperation,

confirming the principles enshrined in agreements of 1995 on the Customs union

agreed as follows:

Article 1

In this agreement the terms determined according to Bases of customs legislations of the states of members of the Commonwealth of Independent States of February 10, 1995 are used.

Article 2

The goods moved with transit through the territories of the states of participants of this agreement shall:

remain in steady-state condition, except changes owing to natural wear or transportations and storages decreased under normal conditions;

not be used in any other purposes, except transit;

be brought to customs authority of appointment in the terms established by customs authority of departure, proceeding from opportunities of the vehicle, the planned route and other conditions of transportation, but not exceeding deadline determined at the rate of two thousand kilometers in one month.

Article 3

Goods, and also the vehicles transporting the goods specified in this Article which further are referred to as with goods in transit when moving:

from the third states on the territory of any of the states of participants of this agreement through the territory at least one other State Party of this agreement;

from the territory of any of the State Parties of this agreement to the third states through the territory at least one other State Party of this agreement;

from one State Party of this agreement to other participating state of this agreement through the territory at least one other State Party of this agreement

are exempted in transit States, being participants of this agreement, from payment of customs duties, taxes and fees for customs clearance, and also from application to goods of measures of economic policy.

Article 4

Customs authorities of the Parties have the right to apply to the goods in transit moved between the states which are not participating in this agreement through the territory at least of one of the State Parties of this agreement, measure for ensuring compliance with the national legal system.

Article 5

The goods specified in the appendix N 1 to this agreement are prohibited to transit through the territory of the either party.

The goods specified in the appendix N 2 to this agreement are allowed to transit through the territory of any of the states of participants of this agreement on condition of availability of the permissions to transit issued by authorized bodies of all those states of participants of this agreement through which there passes the transportation route.

Customs authorities of the Parties have the right to apply measures for ensuring compliance with the national customs legislation in case of transit of goods through the territories of their states.

Article 6

Means and the services necessary for ensuring transit are provided to carriers in transit States on the terms of not the worst, than on what the same means and services are provided to own exporters, importers or carriers.

Article 7

Crossing by goods in transit and vehicles of borders of the State Parties of the Customs union transporting them is allowed in the places determined by customs authorities of these states in coordination with competent authorities of gosudarstvuchastnik of this agreement in the field of transport.

The parties will charge to customs authorities in three-months time from signature date of this agreement to exchange lists of the established places of crossing by goods in transit and vehicles of borders of the State Parties of the Customs union transporting them.

Transit of goods across the territory of any of the State Parties of this agreement can be performed along any routes and the directions if other is not established by the national legal system of this state.

Article 8

The overload of goods in transit on other vehicles, including with crushing of batches, is made in the places determined in each case by customs authorities of the State Parties of this agreement.

Customs authorities of the State Parties of this agreement mutually recognize means of identification of goods in transit, and also the documents necessary for control of goods in transit and vehicles.

Article 9

In cases of interruption of transit because of approach of force majeure circumstances the procedure established by regulations of the national legal system of the state of the participant of this agreement in which there was transit interruption is applied.

Article 10

The parties will charge to the central customs authorities within three months after the signature of this agreement to prepare and accept named below quadrilateral documents:

regulations on customs clearance of the goods transported under customs control through the territories of the State Parties of the Customs union;

regulations on customs carriers of the Customs union;

regulations on customs escort in the territory of the State Parties of the Customs union.

Coordination of the work provided by this Article is assigned to Integration committee.

Article 11

The parties can make under mutual approval to this agreement additions and changes which will be drawn up in the form of the protocols and appendices which are integral part of this agreement.

Article 12

Disputes and disagreements in case of interpretation and application of this agreement will be solved by negotiations and consultations between the Parties with removal in case of need on meetings of Integration committee, and in case of not achievement of the approved resheniyan of meeting of Interstate council. The decision of Interstate council will be final and obligatory for application by all Parties.

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