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AGREEMENT

of April 15, 1994

About cooperation and mutual assistance in customs affairs

(Protocol as amended of 01.06.2018)

New edition

The State Parties of this agreement on behalf of the governments which further are referred to as with the Parties, confirming the commitment to the purposes and the principles of constituent documents on creation of the Commonwealth of Independent States, wishing to develop friendship including by means of cooperation in the field of customs affairs, aiming to promote by cooperation of customs authorities of the State Parties of this agreement to development and acceleration of passenger and freight traffic between the State Parties of this agreement, meaning that customs offenses cause damage to economic interests of the State Parties of this agreement, convinced that observance of the customs legislation and fight against customs offenses can be performed more successfully in case of cooperation of customs authorities of the State Parties of this agreement, agreed as follows:

Article 1 of Determination

For the purposes of this agreement the applied terms mean:

"customs legislation" - set of international treaties, laws and bylaws of the State Parties of this agreement which application and ensuring execution is assigned directly to customs authorities of the State Parties of this agreement, and also any legal acts published by customs authorities of the State Parties of this agreement within their competence concerning import, export, transit of goods, hand luggage and baggage of passengers, currency and other values, the international post and express departures (express loads), collection of customs payments, provision of privileges, establishment of prohibitions and restrictions, and also control of movement of goods through customs borders of the State Parties of this agreement;

"customs authorities of the states of the Parties" - the central customs authorities of the State Parties of this agreement (authorized bodies in the field of customs affairs) and the territorial customs authorities of the State Parties of this agreement authorized by the central customs authorities of the State Parties of this agreement on exchange of information within this agreement;

"customs payments" - the customs duties, taxes, customs fees, the special, anti-dumping, compensatory duties and other payments levied by customs authorities of the states of the Parties;

"customs offense" - violation or attempt of violation of the customs legislation;

"person" - physical person or legal entity;

"drugs" - the substances included in the UN in lists of the Single convention on drugs of 1961 with subsequent changes and amendments;

"psychotropic substances" - the substances included in the UN in lists of the Convention on psychotropic substances of 1971 with subsequent changes;

"the requesting customs authority" - customs authority of the state of the Party which sends inquiry for assistance in customs affairs;

"required customs authority" - customs authority of the state of the Party which receives request about assistance in customs affairs;

"precursors" - the substances used in case of production, production, conversion of drugs and psychotropic substances, included in Tables of the Convention of the United Nations on fight against illicit trafficking in drugs and psychotropic substances of December 20, 1988;

"controlled delivery" - method in case of which are allowed import, export or movement on the territories of the State Parties of this agreement of illegal batches from permission or under control of their competent authorities for the purpose of identification and determination of persons involved in violations of the customs legislation;

"customs borders of the states of the Parties" - limits of customs areas of the State Parties of this agreement, and for state members of the Eurasian Economic Union - limits of single customs area of the Eurasian Economic Union;

"customs affairs" - set of the methods and means providing observance of the customs legislation.

Article 2 Scope of This Agreement

1. Based on this agreement customs authorities of the states of the Parties within the competence and with observance of the customs legislation of the states perform cooperation by rendering mutual assistance for the purpose of:

a) enhancement of procedure for regulation of the customs relations connected with movement of goods and vehicles through customs borders of the states of the Parties;

b) ensuring compliance with the customs legislation, including monitoring procedure behind reliability of the declared data on classification of goods, their customs value and goods origin, correctness of calculation of customs payments, and also observance of prohibitions, restrictions and control concerning the goods moved through customs borders of the states of the Parties;

c) preventions, identifications, suppression and investigation of customs offenses;

d) experience exchange in the different directions in the field of customs affairs.

2. This agreement does not raise the questions of rendering mutual legal assistance on criminal cases.

Article 2.1 Organization of Exchange of Requests

1. Exchange of requests and answers to them can be performed as between the central customs authorities of the states of the Parties, and is direct between territorial customs authorities of the states of the Parties.

2. Inquiries of the requesting central customs authorities of the states of the Parties are sent to required central customs authorities of the states of the Parties.

3. Inquiries of the requesting territorial customs authorities of the states of the Parties are sent directly to required territorial customs authorities of the states of the Parties.

4. In cases when it is impossible to determine to what customs authority of the state of the Party it is necessary to send inquiry, the direction of requests is performed by the central customs authority of the state of one Party to the central customs authority of the state of other Party.

5. Between the Parties within this agreement it is corresponded in Russian.

Article 2.2 of the Basis of the direction of requests

The bases of the direction of requests are:

a) detection of the data or circumstances testimonial of violation (possible violation) of requirements of the customs legislation;

b) conducting checks on cases and materials of law-enforcement divisions of customs authorities of the states of the Parties, conducting administrative process (production implementation);

c) document transfer in cases, stipulated in Article the 7th this agreement;

d) notification requirement of the persons living or founded in the territory of the state of the required Party;

e) carrying out customs control.

Article 3 Simplification of Customs Formalities
Customs authorities of the states of the Parties:

a) take under mutual approval necessary measures for acceleration of making of customs transactions (customs clearance) and increase in efficiency of customs control, including by application of risk management system;

b) recognize means of identification of each other (seals, prints of seals, stamps), customs papers of each other, and if necessary impose own customs providing on the moved goods.

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