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The agreement between the Government of the Republic of Uzbekistan and the Government of Turkmenistan on cooperation and mutual assistance in customs affairs

of January 16, 1996

The government of the Republic of Uzbekistan and the Government of Turkmenistan which are hereinafter referred to as with Contracting 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 two countries,

meaning that customs violations cause damage to economic interests of both Contracting Parties,

convinced that observance of the customs legislation and fight against customs violations can be performed more successfully in case of cooperation of Customs Services of Contracting Parties,

agreed as follows:

Article 1. Determinations

For the purposes of this agreement the following terms mean:

1) the term "customs legislation" means set of the precepts of law regulating procedure for import, export and transit of goods, hand luggage and baggage of passengers, the international mailings, currency and other values, collection of customs duties and other taxes and fees or establishment of privileges, prohibitions, restrictions, permissions, control of movement of goods through customs border;

2) the term "Customs Services" means for Uzbek Storonyglavny customs authority of the State Tax Committee of the Republic of Uzbekistan, for the Turkmen Side - the State customs of Turkmenistan;

3) the term "customs violation" means violation or attempt of violation of the customs legislation;

4) the term "person" means any physical person or legal entity;

5) the term "drugs" means the substances included in lists of the Single Convention of the UN of March 25, 1961 about drugs with subsequent changes and amendments;

6) the term "psychotropic substances" means the substances included in lists of the Convention of the UN of February 21, 1971 about psychotropic substances with subsequent changes.

Article 2. Scopes of the Agreement

1. Customs Services within the competence and in case of observance of the domestic legislation will cooperate with each other for the purpose of:

a) simplification and acceleration of passenger and freight traffic between two states;

b) ensuring the correct collection of customs duties and other charges, and also applications of import and export incentives;

c) prevention, crossings and investigations of violations of the customs legislation.

2. This agreement does not mention obligations of the Contracting Parties following from other international agreements.

Article 3. Simplification of customs formalities

1. Customs Services:

take under mutual approval necessary measures for simplification of customs clearance for the purpose of simplification and acceleration of passenger and freight traffic between two states;

recognize customs providing each other (seals, prints of seals, stamps), forms of the applied customs papers, and if necessary impose own providing on the transported goods and other objects.

2. Goods and vehicles, the following en route, are exempted from customs examination, except as specified, when there are bases to believe that they contain the goods prohibited to import and transit according to the legislation of Contracting Parties.

Article 4. Submission of the certificate

1. Customs Services issue each other at the request of the certificate, confirmatory that goods which are exported from the territory of one Contracting Party are imported legally on the territory of other Contracting Party. In certificates the type and results of customs procedures according to which goods were drawn up are specified. It concerns also those cases when goods are re-exported from the territory of other Contracting Party.

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

Article 5. Fight against drug trafficking

1. Customs Services for the purpose of activation of actions for prevention, suppression and investigation of smuggling and illicit trafficking in drugs and psychotropic substances without requests and in perhaps short time report each other data about:

a) persons who are known that they are engaged in smuggling or illicit trafficking in drugs and psychotropic substances or are suspected of it;

b) land, water and air vehicles, containers and sending who are known that they are used for smuggling of drugs and psychotropic substances or cause suspicion of such use.

2. Customs Services without preliminary request report each other data on the applied illicit methods and methods in case of illicit trafficking in drugs and psychotropic substances, and also about efficiency of new control methods of them.

3. Received any of Contracting Parties according to Items 1 and 2 of this Article of the data, messages and documents can be transferred it to the law enforcement and other state bodies which are engaged in fight against drug addiction and illegal trade in drugs and psychotropic substances.

4. Based on the domestic legislation of Contracting Parties and in case of mutual approval, Customs Services use if necessary method of controlled deliveries of narcotic and psychotropic substances for the purpose of identification of persons involved in their illicit trafficking.

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

5. Contracting parties can extend coverage of this agreement and to substances which are accepted for production of drugs and psychotropic substances.

Article 6. Transfer of data

1. Customs Services transfer each other on demand, including by transfer of messages, protocols or verified copies of official papers and other documents, all data which are at their disposal:

a) about circumstances which are able to afford to collect precisely customs duties and other charges and also to determine correctness of provision of the privileges connected with export and commodity import;

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

2. Customs Services in perhaps short time report each other including without preliminary request, all data on possible violations of the customs legislation in fight against which there is special interest. It first of all concerns violations of the law in the field of movement:

a) goods and loads which can pose environmental hazard 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 subject according to the legislation of Contracting Parties to taxation by high customs duties or taxes;

e) the goods which are important especially which are exposed to non-tariff restrictions according to the lists approved by Customs Services.

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