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The agreement on cooperation and mutual assistance in customs affairs concerning activities of representative offices of Customs Services of gosudarstvchlen of the Customs union within Eurasian economic community

of June 22, 2011

According to Article 11 this agreement is temporarily applied from signature date (since June 22, 2011)

The state members of the Customs union within Eurasian economic community which are hereinafter referred to as with the Parties based on:

The agreement on creation of single customs area and forming of the Customs union of October 6, 2007;

The agreement on the Customs Code of the Customs Union of November 27, 2009;

decisions of Interstate Council of EurAsEC (Supreme body of the Customs union);

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

wishing to provide interaction of Customs Services on single customs area of the Customs union within EurAsEC (further - the Customs union);

aiming to create legal basis of stay and interaction of staff of representative offices of Customs Services,

agreed as follows:

Article 1

For the purposes of this agreement the applied terms mean:

"Customs Services of the Parties" - the state bodies of the Parties authorized in the field of customs affairs;

"Representative office of Customs Service" - the authorized organizational division of Customs Service of the Party operating in the territory of other Party;

"staff of Representation" - the persons sent for work to Representative office of Customs Service and which started execution of the functions assigned to Representative office of Customs Service according to Article 3 of this agreement;

"members of families of staff of Representation" - spouses, children, and also constantly jointly the Representations which are in their dependence relatives living with employees.

Article 2

The parties establish in the territory of other Parties of Representative office of Customs Services.

The representative office of Customs Service can be formed in the form of the separate division given the rights of the legal entity or as a part of diplomatic representation of the Party.

The representative office of Customs Service acts legislations of the Party which founded this Representative office of Customs Service on the basis.

The representative office of Customs Service observes the legislation of adoptive state.

The representative office of Customs Service is headed by the Head of Representative office of Customs Service.

The head of Representative office of Customs Service is member of board of Customs Service of adoptive state.

The representative office of Customs Service can have the seal and the bank account.

Activities of Representative office of Customs Service are performed based on the Provision approved by the head of Customs Service of the Party.

Article 3

Staff of Representative office of Customs Service for the purpose of ensuring interaction of Customs Services of the Parties performs the following main functions:

monitoring of execution of the customs legislation of the Customs union;

preparation of offers on increase in efficiency of implementation of the legislation of the Customs union within the competence;

the analysis of implementation in adoptive state customs and other types of the state control at check points on customs border of the Customs union, development of offers on their unification and enhancement;

data analysis about the tovaropotoka moved through customs border of the Customs union (including goods in transit and goods of physical persons);

studying of the customs technologies applied by Customs Service of adoptive state and informing Customs Services of the Parties on positive experience;

participation in information exchange between Customs Services of the Parties.

Article 4

Staff of Representative office of Customs Service for the purpose of ensuring execution of the functions assigned to them within the competence has the right:

represent the interests of Customs Service in Customs Services of the Parties, the Commission of the Customs union, the international organizations in the field of customs affairs, governing bodies of integration at space of EurAsEC and the CIS;

interact with Customs Service of adoptive state concerning increase in efficiency of customs control on single customs area of the Customs union and development of customs infrastructure;

interact with officials of customs authorities of adoptive state on identification and elimination of problem situations;

interact with the state bodies of the executive authority of adoptive state performing boundary, customs and other types of the state control on customs border of the Customs union;

interact with other public authorities of the Parties;

participate in realization of joint information customs technologies;

participate in implementation of the international exchange of information concerning law-enforcement activities and interact with law-enforcement divisions of Customs Services of the Parties.

Article 5

During creation of Representative offices of Customs Services in the form of separate divisions heads and deputy managers of data of Representations, and also members of their families are allocated in adoptive state with the same privileges and immunities, as members of diplomatic staff of foreign diplomatic representations.

The corresponding established posts of the head and deputy manager of Representative office of Customs Services join (are transferred, attached) in structure of diplomatic representation (Ministry of Foreign Affairs) of the Party.

Service premises, official mail, archives and documents of Representative office of Customs Service are inviolable.

Financing of Representative offices of Customs Services is performed by the Party which Customs Service they represent.

The parties assume liabilities on providing Representative office of Customs Service on the non-paid, parity basis with service premises.

Article 6

The representative office of Customs Service is located in the location of Customs Service of adoptive state.

Under approval of Customs Services of the Parties the staff of Representative office of Customs Service can accommodate in other places in adoptive state.

The structure, number and structure of Representative office of Customs Service are determined by Customs Service of the Party which founded him in coordination with Customs Service of adoptive state.

The procedure for visit by the staff of Representative office of Customs Service of customs authorities, and also check points of adoptive state on customs border of the Customs union is similar to procedure for visit of the specified objects by the staff of Customs Service of adoptive state.

The single questions connected with ensuring activities of Representative offices of Customs Services can be solved under approval of the Party which founded Representative office of Customs Service, and adoptive state.

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