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The agreement between the Government of the Kyrgyz Republic and the Government of the Republic of Uzbekistan on cooperation in customs affairs

of September 27, 2000

The government of the Kyrgyz Republic and the Government of the Republic of Uzbekistan 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 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 Services of the states of the Parties,

based on earlier accepted documents between two states,

agreed as follows:

Article 1 of Determination

For the purposes of this agreement the applied terms mean:

"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, collections of customs duties, charges and other payments, provision of privileges on customs payments, establishment of prohibitions and restrictions, and also control of movement of goods through customs borders of the states of the Parties;

"Customs Services" - the central 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 and amendments;

"precursors" - the substances and their salts classified in international conventions as chemical materials which are used for production of drugs and psychotropic substances;

"controlled delivery" - method according to which import, export and transit across the territory of one of the states of the Parties of the illegal or suspected of illegality batches of drugs and psychotropic substances from permission and under control of competent authorities for the purpose of identification of persons involved in illicit trafficking in drugs and psychotropic substances is allowed;

"certificate" - the official document confirming the actual registration of goods according to the legislation of the country in which the customs clearance of goods was made.

Article 2 Scope of the Agreement

The parties based on this agreement, by means of Customs Services within their competence, for compliance with law of the states of the Parties, will cooperate in area:

a) enhancement of customs control of passenger and freight traffic, and also the international mailings 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) prevention, investigation and suppression of customs offenses;

d) simplification of the procedure of customs clearance between two states.

Article 3 Simplification of Customs Formalities

1. Customs Services:

a) take necessary measures for simplification of customs clearance under mutual approval;

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

2. The goods and vehicles, baggage of passengers and the international mailings moved through customs border between the states of the Parties, including, the following en route are exempted from customs examination, except as specified, when reasons to believe are had that their import, export and transit are prohibited according to the legislation of the states of the Parties, or the customs offense takes place.

Article 4 Provision of Certificates

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

2. Customs Services provide each other at the request of data that provided by the customs authorities of the certificate subordinated to them or other documents, are authentic and contain all necessary data.

Article 5 Fight against illicit trafficking in drugs and psychotropic substances

1. Customs Services for the purpose of activation of actions according to the prevention, investigation and suppression of drug trafficking, psychotropic substances, their analogs and precursors without preliminary request and in perhaps short time report each other data within legislations of the states of the Parties:

a) about persons who are known that they are engaged in drug trafficking of psychotropic substances, their analogs and precursors or are suspected of it;

b) about vehicles, including containers, and the international mailings which are known that they are used for drug trafficking, psychotropic substances, their analogs and precursors, and also about new control methods of them.

2. Customs Services without preliminary request inform each other on the applied methods of drug trafficking, psychotropic substances, their analogs and precursors, and also new control methods of them.

3. The data received by the either party according to Items 1 and 2 of this Article, messages and documents can be transferred to the law enforcement and other state bodies which are engaged in fight against drug addiction and drug trafficking, psychotropic substances, their analogs and precursors.

4. On the basis of legislations of the states of the Parties and under mutual approval Customs Services use if necessary method of controlled delivery of drugs, psychotropic substances, their analogs and precursors for the purpose of identification of persons involved in their illicit trafficking.

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

Article 6 Transfer of Data

1. Customs Services transfer each other on demand 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 customs privileges;

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

2. Customs Services 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 Parties. It first of all concerns customs offenses when moving:

a) goods which can pose threat for the surrounding environment and for health of the population;

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