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The protocol on order of interaction of Customs Services of the State Parties of the Commonwealth of Independent States when transporting particular loads and military products

of October 8, 1999

The governments of the State Parties of the this Protocol which are hereinafter referred to as with the Parties

in development of the Agreement on interstate transportations of dangerous and label cargoes of December 23, 1993 and the Agreement on transportations of particular loads and military products of May 26, 1995 (further - the Agreement of May 26, 1995);

proceeding from the universally international standards and bases of the national legal system of the Parties,

aiming at further expansion of mutually advantageous trade and economic relations,

recognizing need to provide effective interaction of Customs Services,

agreed as follows:

I. General provisions

Article 1

In the this Protocol the terms applied in the Agreement of May 26, 1995 are used.

Article 2

The purpose of the this Protocol is streamlining of the procedure of movement through customs borders of the Parties of particular loads and military products.

II. Basic principles of transportations of particular loads and military products

Article 3

Transportations of particular loads and military products are performed after their preliminary approval when planning transportations by the relevant competent authorities of the Parties determined by the Agreement of May 26, 1995.

Article 4

The omission of particular loads and military products through customs borders, and also their transit through customs areas of the State Parties of the CIS are performed on permission of competent authorities of the states through which customs borders their movement is made.

Crossing by particular loads and military products of customs borders of the states is performed at the check points open in accordance with the established procedure for the international message.

III. Customs clearance

Article 5

The particular loads and military products moved through customs borders of the states are subject to customs control and registration according to the procedure, provided by the national customs legislation of each state.

Article 6

Customs control and customs clearance of particular loads and military products are made in the terms established for such control and registration by customs legislations of the states.

Article 7

Transportation of personal property of the military personnel and loads of commercial nature under the guise of particular loads and military products is forbidden.

Article 8

In case of absence or damage of packaging, seals and seals, and also in the presence of the bases to believe that under the guise of particular loads and military products the objects which are not those are taken these loads can be looked through in the presence of authorized persons of competent authorities of the Parties.

In case of examination of such loads the national legal system of that state in the territory of which the above-stated loads are is applied.

IV. Exchange and provision of information

Article 9

The parties communicate about the existing national legal system on the questions concerning the omission through customs border and also in transit through customs area of particular loads and military products, and inform each other on the changes made to the legislation and additions no later than 20 days after their introduction.

Article 10

1. The states on which territories planned transportations of particular loads and military products are performed communicate about such transportations not later than one month prior to transportations.

2. The parties render each other assistance in satisfaction of requests about provision of information on implementation of transportations of particular loads and military products on the basis of the legal acts.

3. The party has the right to refuse accomplishment of request if it can cause damage to sovereignty, safety of the required Party, contradicts its legislation or the international obligations undertaken by it.

4. In accomplishment of request the requesting Party is notified on causes of failure in accordance with the established procedure.

V. Confidentiality of information

Article 11

Information, requests and other data on transportations of particular loads and the military products transferred to one of the Parties according to the this Protocol are provided with the same mode of confidentiality which is set in this state for own information of similar nature and content according to the national legal system.

Article 12

Each of the Parties provides confidentiality of the obtained information and does not present her to someone without written consent other Party.

VI. Final provisions

Article 13

The this Protocol does not affect situations of other international treaties which participants are the Parties.

Article 14

The this Protocol becomes effective from the date of receipt by depositary of the third notification on accomplishment of the interstate procedures by the Parties necessary for entry into force of the this Protocol. For the Parties which performed interstate procedures later it becomes effective from date of delivery of the relevant documents to depositary.

Article 15

The this Protocol acts within 5 years from the date of its entry into force. After this term the Protocol is automatically prolonged every time for the next 5-year period if the Parties do not make other decision.

Article 16

By common consent the Parties in the this Protocol changes and additions which are drawn up by the separate document which is integral part of the Protocol and becoming effective according to the procedure, stipulated in Article the 14th this Protocol can be made.

Article 17

The matters of argument connected using and interpretation of the this Protocol, are permitted by consultations and negotiations of concerned parties. In case of impossibility to resolve matters of argument by negotiations of the Party appeal to Economic Court of the Commonwealth of Independent States or other international Arbitration Courts.

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