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The agreement between the Government of the Russian Federation and the Government of Ukraine on cooperation and mutual assistance in customs affairs

of June 24, 1993

The government of the Russian Federation and the Government of Ukraine which are hereinafter referred to as with the Parties

wishing to develop good-neighbourhood including by means of cooperation in the field of customs affairs,

aiming to promote by cooperation of Customs Services to development and acceleration of passenger and freight traffic between two countries,

meaning that customs violations cause damage to economic interests of both Parties,

convinced that observance of the customs laws and rules and fight against customs offenses can be performed more successfully in case of cooperation of Customs Services of the Parties,

agreed as follows:

Article 1. Determinations

For the purposes of this agreement:

1) "customs legislation" - set of the precepts of law regulating procedure for import, export and transit of goods, vehicles, hand luggage and baggage of passengers, the international mailings, currency and other values, collection of customs duties and other taxes and fees or privileges, prohibitions, restrictions and permissions, control of movement of goods and other objects through frontier;

2) "Customs Services" - for the Russian Side - State Customs Committee; for the Ukrainian Side - the State Customs Committee;

3) "customs violation" - any violation or attempt of violation of the customs legislation;

4) "person" - any physical person or legal entity;

5) "drugs" - the substances included in lists of the Single Convention of the UN of March 30, 1961 about drugs with subsequent changes and amendments;

6) "psychotropic substances" - the substances included in lists of the Convention of the UN of February 21, 1971 about psychotropic substances with subsequent changes.

Article 2. Scope of the Agreement

1. Customs Services of the Parties based on this agreement will cooperate with each other, including is direct on the Russian-Ukrainian border, within their competence and in case of observance of the domestic legislation for the purpose of:

a) simplification and acceleration of passenger and freight traffic between two states;

b) observance of procedure for collection of customs duties and other import and export charges, and also correct application of import and export incentives;

c) prevention, suppression and investigation of violations of the customs legislation.

2. The agreement does not mention obligations of the Parties following from other international agreements, in particular, concerning legal assistance on criminal cases.

Article 3. Simplification of customs formalities

1. Customs Services of the Parties take under mutual approval necessary measures for simplification of customs clearance for the purpose of simplification and acceleration of passenger and freight traffic between two states.

2. Movement of goods and vehicles through the Ukrainian-Russian border is performed through the check points established according to the mutual arrangement of the Parties.

3. Customs Services of the Parties will approve working hours of boundary customs authorities, considering at the same time current agreements on the international message.

4. Customs Services of the Parties recognize customs providing (seals, impresses of a seal, stamps), forms of the applied customs papers of each other, and if necessary impose own providing on the transported loads.

5. Goods and vehicles, the following en route, are exempted from customs examination, except as specified, when there are bases to believe that they contain the goods prohibited to import, export and transit according to the legislation of the Parties.

Article 4. Submission of certificates

1. Customs Services of the Parties issue each other at the request of the certificate, confirmatory that goods which are exported from the territory of one Party are imported legally on the territory of other Party. In certificates the type and results of customs procedures according to which goods were drawn up are specified. It concerns also those cases when goods are re-exported from the territory of other Party.

2. Customs Services of the Parties represent each other at the request of data that submitted by customs authorities of the certificate or other documents of podlinna and contain all necessary data.

Article 5. Fight against drug trafficking

1. Customs Services of the Parties for the purpose of activation of actions for prevention, suppression and investigation of smuggling and illegal trade in drugs and psychotropic substances without requests and in perhaps short time report each other data about:

a) persons who are known that they are engaged in smuggling or illegal trade in drugs and psychotropic substances or are suspected of it;

b) land, water and air vehicles, containers and sending who are known that they are used for smuggling of drugs and psychotropic substances or cause suspicion of such use.

2. Customs Services of the Parties without preliminary request report each other data on the applied illicit methods and methods in case of illegal trade in drugs and psychotropic substances, and also about efficiency of new control methods of them.

3. Received any of the Parties according to Items 1 and 2 of this Article of the data, messages and documents can be transferred it to law enforcement and other state bodies, engaged in fight against drug addiction and illegal trade in drugs and psychotropic substances.

4. On the basis of the domestic legislation and in case of mutual approval Customs Services of the Parties use, if necessary, method of controlled deliveries of drugs and psychotropic substances for the purpose of identification of persons involved in their illicit trafficking.

Decisions on use of method of controlled deliveries are made by the Parties in each case and can consider financial arrangements of the Parties, if necessary.

5. The parties can extend coverage of this agreement and to substances which are applied to production of drugs and psychotropic substances.

Article 6. Transfer of data

1. Customs Services of the Parties transfer each other on demand, including by transfer of messages, protocols or verified copies of official papers and other documents, all data which are at their disposal:

a) about circumstances which are able to afford to collect precisely customs duties and other import and export charges and also to determine correctness of application of import and export incentives;

b) about the established actions preparing or made which contradict or can contradict the customs legislation of the requesting Party.

2. Customs Services of the Parties in perhaps short time report each other as well without preliminary request, all data on possible violations of the customs legislation in the field of movement:

- goods and loads which can pose environmental hazard or health of the population;

- the objects representing historical, art, cultural and archaeological value;

- the goods which are subject according to the legislation of the Parties to taxation by high customs duties or taxes;

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