The agreement between the Government of the Republic of Belarus and the Government of the Azerbaijan Republic on cooperation and mutual aid in customs affairs

of November 5, 2004

The government of the Republic of Belarus and the Government of the Azerbaijan Republic which are hereinafter referred to as with the Parties

wishing to develop friendship including by means of cooperation in the field of customs affairs,

aiming to promote by cooperation of customs authorities to development and expansion of trade and economic relations between the states of the Parties,

meaning 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 states of the Parties,

agreed as follows:

Article 1 of Determination

For the purposes of this agreement the applied terms mean:

the customs legislation - set of precepts of law of the states of the Parties regulating procedure for import, export and transit of goods, hand luggage and baggage of passengers, currency and other values, the international mailings, customs clearance of goods, collection of customs duties, charges and other payments, provision of privileges, establishment of prohibitions and restrictions, and also control of movement of goods through customs borders of the states of the Parties;

competent customs authorities:

in the Republic of Belarus - the State Customs Committee of the Republic of Belarus;

in the Azerbaijan Republic - the State Customs Committee of the Azerbaijan Republic;

the requesting customs authority - competent customs authority of the state of the Party which sends inquiry for rendering assistance by customs questions;

required customs authority - competent customs authority of the state of the Party which receives request about rendering assistance on customs questions;

customs offense - violation of regulations of the customs legislation:

drugs - the substances included in lists of the Single convention of the UN on drugs of 1961;

psychotropic substances - the substances included in lists of the Convention of the UN on psychotropic substances of 1971;

precursor - the substance included in lists of the Convention of the UN on fight against illicit trafficking in drugs and psychotropic substances of 1988;

controlled delivery - delivery according to which import, transit or export on the territory of the state of the Party of the illegal or causing suspicion batches of drugs, psychotropic substances and precursors, and also others illegally the moved goods, objects and substances from permission and under control of competent authorities of the states of the Parties for the purpose of identification of persons involved in their illicit trafficking is allowed;

customs providing - seals, prints of seals, stamps.

Article 2 Scope of the Agreement

The parties based on this agreement and through competent customs authorities of the states and will cooperate with compliance with law of the states of the Parties for the purpose of:

a) developments and expansions of trade and economic relations between the states of the Parties;

b) ensuring the correct collection of customs duties, charges and other payments, and also applications of customs privileges;

c) interactions in prevention, investigation and suppression of customs offenses.

Article 3 Simplification of Customs Formalities

Competent customs authorities:

a) accept by mutual consent according to legislations of the states of the Parties necessary measures for simplification of customs clearance;

b) recognize customs providing and customs papers of each other, and if necessary impose own customs providing on the moved goods.

Article 4 Provision of Certificates

Competent customs authorities provide each other at the request of the certificate, confirmatory that the goods imported or exported from the territory of the state of one Party are exported or imported on the territory of the state of other Party on legal causes. In certificates the type and results of customs procedures according to which goods are drawn up are specified.

Article 5 Fight against illicit trafficking in drugs and psychotropic substances

1. Competent customs authorities for the purpose of activation of actions according to the prevention, investigation and suppression of drug trafficking, psychotropic substances and precursors without preliminary request about assistance and in perhaps short time report each other data on vehicles, including containers, and mailings which are known that they are used for drug trafficking, psychotropic substances and precursors.

2. Competent customs authorities without preliminary request about assistance inform each other on the applied methods of drug trafficking, psychotropic substances and precursors.

3. The data received according to Items 1 and 2 of this Article, messages and documents can be transferred according to legislations of the states of the Parties them to the law enforcement and other agencies which are engaged in fight against drug addiction and drug trafficking, psychotropic substances and precursors.

Article 6 Controlled delivery

1. Competent customs authorities by mutual consent and the arrangement in interaction with other law enforcement agencies of the states of the Parties can use controlled delivery.

2. Controlled delivery can be used concerning other objects which are the tool or means of crime execution, or the objects got in the criminal way or objects with which illegal acts are smuggling.

3. The decision on use of controlled delivery and on forms of its implementation is accepted in the procedure installed by legislations of the states of the Parties separately in each case and can consider if necessary arrangements on financial questions and procedure for their implementation.

Article 7 Transfer of Data

1. Competent customs authorities transfer each other on demand about assistance the data which are at their disposal, including by transfer of messages, protocols and other materials or their verified copies:

a) about the circumstances connected with collection of customs duties, charges and other payments, and also application of customs privileges;

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

2. Competent customs authorities in perhaps short time report each other including without preliminary request, data on possible customs offenses in fight against which there is special interest of the states of the Parties. It, first of all, concerns customs offenses when moving:

a) goods which can pose threat to the environment or health of the population;

b) weapon, ammunition, explosive and toxic agents, destructive devices;

c) the objects representing considerable historical, art, cultural or archaeological value;

d) the goods which are important especially and subject according to legislations of the states of the Parties to taxation by the high customs duties, excises and other taxes levied by customs authorities in case of customs clearance.

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