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The agreement between the Head customs authority of the Ministry of Finance of the Republic of Kazakhstan and the State customs inspection under the Government of the Kyrgyz Republic about cooperation in fight against illicit trafficking in drugs and psychotropic substances

of July 22, 1993

The head customs authority of the Ministry of Finance of the Republic of Kazakhstan and the State customs inspection under the Government of the Kyrgyz Republic which are hereinafter referred to as with the Parties

considering that the international illicit trafficking in drugs and psychotropic substances constitutes big public danger,

in view of role of customs authorities on identification to suppression of illicit trafficking in drugs and psychotropic substances, and also persons participating in such turnover

aiming at development and expansion of mutually beneficial cooperation in this area,

showing the interest in assistance to international cooperation in fight against illicit trafficking in drugs and psychotropic substances,

in view of provisions of the Single convention on drugs accepted in 1961, the Convention on psychotropic substances accepted in 1971 and the Convention on the fight against illicit trafficking in narcotic and psychotropic substances accepted in 1988

agreed as follows:

Article 1

The parties, on condition of the compliance with laws and rules existing in their states within this agreement will cooperate with the purpose of the prevention, investigation and suppression of illicit trafficking in drugs and psychotropic substances, referred to as further with drugs.

Article 2

The parties will exchange:

a) information on methods of fight against drug trafficking;

b) experience of use of technical means, specially trained dogs;

c) specialists for the purpose of training in methods of fight against drug trafficking;

d) publications, scientific, professional, studies concerning fight against drug trafficking;

e) information on new types and production sites of drugs routes of their illegal transportation and methods of their concealment;

e) information on the change in price for drugs in the different countries and regions;

g) information on the principles of the organization of customs control over drugs, new methods and methods of their detection;

h) information on the initial chemicals used for synthesis of drugs;

i) authentic samples of drugs of both vegetable, and synthetic origin;

j) information in the field of identification and the laboratory analysis of drugs and psychotropic substances.

Article 3

The parties on own initiative or on demand perhaps in shorter time communicate:

a) about the suspects or famous persons who are engaged in drug trafficking;

b) about the vehicles, loads and mailings used in drug trafficking of the following by en route through the territory of one of two Parties in another, or which are illegally importing drugs on the territory of other Party;

d) about the facts of detection of illicit movement of drugs from the territory of one Party on the territory of other Party.

Such information shall conclude as much as possible complete data allowing to identify the corresponding faces, vehicles, loads and mailings.

Article 4

Information provided by the Parties as in oral, and in writing, will be considered as confidential and to be used only for the purpose of accomplishment of this agreement.

The parties do not represent to mass media of the data, following from this Agreement, without the consent of other Party if their distribution can cause damage to interests of other Party or interests of collateral actions of the Parties.

Article 5

The parties will be on requests and within the competence of technical capabilities to perform observation for:

- entrance and departure of persons suspected of participation in drug trafficking;

- loads, vehicles and mailings suspects that they are used in such illicit trafficking.

Results of observation in perhaps short time are reported to other Party.

Article 6

If the address with request about rendering assistance can cause damage to sovereignty, safety, to the pursued policy or vital interests of the required Party, then the address can be rejected.

In case of impossibility of accomplishment of request or accomplishment only of its part, the Party without delay inform each other.

Article 7

The parties will consider as far as it their national laws and rules, possibility of mutual application of method of controlled delivery or other similar methods allow.

Decisions on use of controlled deliveries are made in each separate case, in stipulated by the legislation procedure for the states, and cannot consider, if necessary, financial arrangements of the Parties which will be settled by the additional protocol.

Article 8

The parties will take feasible measures to provision to judicial investigating authorities of the states of the Parties of materials, expert opinions and other data concerning the facts determined by them during customs control.

Article 9

When in accordance with the terms hereof officials on the one hand are in the territory of the state of other party, they shall have documentary confirmation of official powers.

Being in the territory of the state of other party they shall not be dressed in uniform and carry arms.

Safety of finding of employees in the territory of the state of other party is ensured by this party.

Article 10

The parties will hold consultations, explanations on application of Articles and values of terms of this agreement on the basis of the mutual arrangement of the Parties.

All made changes and additions will be considered accepted if within three months from the date of the message any of Contracting Parties did not declare the objections.

Article 11

The parties refuse the claims for expense recovery connected with accomplishment of this agreement.

Article 12

Between the Parties it will be corresponded in the Russian or English languages.

Exchange of information will pass through the following items of communication:

in the Republic of Kazakhstan

Head customs authority of the Ministry of Finance of the Republic of Kazakhstan

Management on fight against smuggling and customs offenses;

in the Republic Kyrgyzstan

The state customs inspection under the Government of the Republic Kyrgyzstan

Management on fight against smuggling and drug trafficking;

Will notify communication Item in the state of other Party on any changes in the address of Item of communication.

Article 13

This agreement becomes effective from the date of signing and is concluded sine die.

Each of the Parties can terminate the Agreement, having notified on it by note other Party. In this case the Agreement loses force in six months from the date of the notification.

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