The agreement on cooperation in the organization of customs control over movement of excise goods through customs borders of the Republic of Kazakhstan and the Kyrgyz Republic

of May 16, 1997

Customs Services - the participants of this agreement on behalf of their central customs authorities who are hereinafter referred to as the Party

developing the agreements on cooperation and mutual assistance reached earlier in customs affairs; meaning mutual interest in ensuring efficient control of the moved export, import and transit excise goods;

aiming to enhance the existing systems of customs control and to strengthen fight against smuggling and customs offenses;

in view of special nature of excise goods and system of their taxation, agreed as follows:

Article 1.

Based on this agreement contracting parties, observing legislations of the republics, will cooperate for the purpose of:

a) enhancement of customs control over movement and delivery of excise goods;

b) ensuring completeness of receipt of the excise taxes in budgets of the republics;

c) creations of the single goods delivery of control in the territories of the states of the Parties.

Article 2.

The system of customs control over movement of excise goods provided by this agreement in no way does not replace and does not exclude the systems of customs control over the goods delivery existing in the states of the Parties, and is the additional instrument of strengthening of control of excise group of goods.

Article 3.

The special system of customs control over movement of excise goods provides export control from the republics of the Parties, import of such goods to the Republics and their transit through the territories of the republics.

The special system of customs control of excise goods is installed and is effective before creation of the single automated control system behind the goods delivery in the republics of the Parties.

Article 4.

The control system behind movement of excise goods provides the following:

a) all excise goods exported by the countries of the Parties to the countries of this agreement or to the third countries through customs areas of the Parties are subject to control of delivery between customs authorities of the Parties;

b) documents of control of delivery between customs authorities of the Parties are the documents of control of delivery applied in the republics of the Parties;

c) The parties shall provide when exporting excise goods to the countries of this agreement the direction of copies of documents of control of delivery in the Central customs authorities of the Parties;

d) The central customs authorities of the Parties are determined by mutual procedure and frequency of the direction of such documents, and also specific divisions which will process such information;

e) The central customs authorities of the Parties exchange analysis results of mutually provided information, inform each other on the excise goods and persons responsible for delivery, the revealed offenses connected with excise goods which are not delivered to destination. Exchange of information is made with frequency at least of the goods delivery established for documents.

Article 5.

For the purpose of the organization of customs control over movement of excise goods, the Parties from the date of the signature of this agreement exchange in a month images of the documents of control of the goods delivery used by the Parties, coordinators of divisions of control of the goods delivery of the Central customs authorities, will approve frequency of exchange and procedure for exchange of information, and also exchange orders on the organization of the work provided by this agreement.

Article 6.

The either party has the right to dispose of information obtained from other Agreement party, at discretion, without infringing upon interests and without violating the national legal system of the Parties.

Article 7.

The parties of this agreement allow for the purpose of efficiency of exchange of straight line between the customs authorities and divisions mentioned in the Item "g" of Article of the fourth of this agreement including holding joint actions of the relevant divisions of the central customs authorities for crossing of illegal import / export of excise goods according to the available agreements.

The central customs authorities of the Parties can by agreement, observing secrecy requirements, to direct each other any other information on excise goods which can be of interest to the Parties.

Article 8.

The parties in three-months time will hold consultations and negotiations on possibility of electronic data exchange which is provided by this agreement, and also the available databases about the participants of foreign economic activity exporting registered in customs authorities of the Parties and importing excise goods.

Article 9.

The parties will regularly exchange the regulatory base determining export procedure, import, transit, marking, payments concerning excise goods and customs clearance of excise goods.

Article 10.

Provisions of this agreement shall not be affected obligations according to other international treaties.

This agreement becomes effective from the date of its signing by the Parties.

The control system behind delivery of excise goods is entered by the Parties after monthly term from the date of agreement signature after execution of provisions of Article 5 of this agreement by the Parties.

This agreement is signed for year and will be automatically prolonged for 1 year if one of the Parties does not declare exit from this agreement, having notified on it in writing at least in 1 month other Party.

It is made in the city of Almaty on May 16, 1997. The text of the Agreement is equally authoritative in the Kazakh, Kyrgyz and Russian languages.

In case of disagreement in the Kazakh and Kyrgyz texts the text will act on Russian.

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