The protocol on customs escort between customs authorities of the State Parties of the Customs union
of December 8, 1998
The State Customs Committee of the Republic of Belarus, Customs committee of the Ministry of state revenues of the Republic of Kazakhstan, the State customs inspection under the Ministry of Finance of the Kyrgyz Republic and the State Customs Committee of the Russian Federation which further are referred to as with the Parties
in view of Bases of customs legislations of the State Parties of the CIS of February 10, 1995 and for the purpose of implementation of the Agreement on uniform conditions of transit through the territories of the State Parties of the Customs union of January 22, 1998,
aiming at unification of customs procedures,
proceeding from need of ensuring compliance with the national legal system in case of transit international carriages through the territories of the State Parties of the Customs union,
agreed as follows.
In the this Protocol terms in the following values are used:
customs escort - maintenance of goods, vehicles and documents on them customs job specifications and job specifications of authorized organizations (authorized job specifications);
the customs job specification - the officials of customs authorities performing customs escort of goods, vehicles and documents on them;
the job specification of authorized organization (the authorized job specification) - the staff of other organization having the right according to the national legal system of the state of the permanent location to provide maintenance of goods, vehicles and documents on them between the customs authorities which are in the territory of this state;
customs authority of departure - any customs authority of the State Party of the Customs union where customs escort begins;
intermediate customs authority - the first customs authority in the territory of the adjacent State Party of the Customs union located along the line the vehicles and goods accompanied with the customs job specification;
customs authority of appointment - customs authority of other State Party of the Customs union in which region of activities there is receiver of the goods transported with customs escort;
adjacent customs authorities - customs authorities of gosudarstvuchastnik of the Customs union in which region of activities there is check point through general border between the specified states.
Customs escort when transporting goods under customs control between the customs authorities which are in the territory of one State Party of the Customs union is performed according to the national legal system of this state.
Customs escort when transporting goods under customs control between the customs authorities which are in the different State Parties of the Customs union is performed according to the this Protocol and national legal systems of the states on which territories it is transported with customs escort.
The decision on customs escort when transporting goods under customs control is made if reasons to believe are had that the carrier cannot guarantee observance of the customs legislation and it is impossible to apply other measures for ensuring accomplishment of the legislation during transportation (the deposit, the bank guarantee, the guarantee of the third party, transportation of goods by customs carrier), and also in other cases provided by national customs legislations.
The expenses which arose at carrier, the sender or the receiver of goods in connection with customs escort of departure by customs authority are not compensated by intermediate customs authority or customs authority of appointment.
Customs escort is not applied when transporting under customs control of the goods coming from the states of the members of the Customs union, except as specified, who are directly stipulated by their national legal system.
Customs escort by customs job specifications of customs authority of departure is performed only to intermediate customs authority.
Customs escort by customs job specifications of customs authority of appointment is performed according to the decision of the central customs authorities of the states in which there are customs authorities of departure and appointment.
Customs escort between adjacent customs authorities is performed by customs job specifications of one of these customs authorities.
Customs escort by authorized job specifications can be performed between any customs authorities of departure and customs authorities of appointment if other is not established by the national legal system provided that such maintenance begins or comes to the end in the territory of the state where the organization having the right to perform customs escort has the permanent location, or is performed by transit through the territory of this state.
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