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The document ceased to be valid since January 1, 2015 according to the Agreement "About the Eurasian Economic Union" of May 29, 2014

AGREEMENT

of September 21, 2010

About use of information technologies in case of exchange of electronic documents in foreign and mutual trade on single customs area of the Customs union

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

considering mutual interests in development and use of information technologies for ensuring processes of economic integration, development of foreign and mutual trade,

proceeding from belief that adoption of single rules of electronic document management of the Customs union will increase efficiency of foreign and mutual trade,

aiming to develop general approach to the solution of task on elimination of legal barriers on the way of use of electronic documents in foreign and mutual trade on single customs area of the Customs union,

agreed as follows:

Article 1

The parties cooperate in questions of use of modern information technologies in case of exchange of electronic documents in foreign and mutual trade.

The parties cooperate for the purpose of simplification of implementation of foreign and mutual trade on single customs area of the Customs union.

Article 2

This agreement governs the relations arising in the course of creation, departure, transfer, obtaining, storage and use of electronic documents by state bodies of the states of the Parties, physical persons or legal entities (further - subjects of electronic interaction) in case of use of information technologies for exchange of electronic documents in foreign and mutual trade on single customs area of the Customs union.

Article 3

For the purposes of this agreement the following terms and their determinations are used:

"the electronic document on foreign and mutual trade" - the formalized data recording in electronic form certified by the digital signature and meeting rules and the requirements of documentation when implementing foreign and mutual trade on single customs area of the Customs union (the electronic document);

"accounting system" - the information system containing information from documents of title of subjects of electronic interaction based on which legally significant electronic documents are constituted or issued;

"general infrastructure of documentation of information in electronic form" - set of the information and technological and organization-legal actions, rules and decisions realized for the purpose of giving of legal force to the electronic documents used when implementing foreign and mutual trade on single customs area of the Customs union;

"the confidential third party" - the organization given the right according to the legislation of the state of each of the Parties to perform activities for verification of the digital signature in electronic documents in the fixed timepoint concerning the originator and (or) the addressee of the electronic document.

Article 4

The questions relating to subject of regulation of this agreement and which are not reflected in it are regulated by the legislation of the state of each of the Parties.

Article 5

If according to the legislation of the state of each of the Parties it is required that the document was processed in writing, then the electronic document processed by the rules and requirements of documentation determined by the Commission of the Customs union (further - the Commission), it is considered conforming to this requirement.

If according to the legislation of the state of each of the Parties it is required that the paper document was certified by seal, then the electronic document processed by the rules and requirements of documentation determined by the Commission, does not require such assurance.

Article 6

The electronic document processed by the rules and requirements of documentation determined by the Commission is recognized equal on legal force to the similar paper document certified by the signature of the author of the electronic document or the sign and seal.

The document cannot be deprived of legal force on only that basis that it is constituted in electronic form.

Use of the Parties of the electronic document by the states as the proof of legitimacy cannot be forbidden because of its electronic form.

Article 7

Procedure for maintaining accounting systems in electronic form, and also features of their use are determined by the legislation of the state of each of the Parties taking into account provisions of this agreement regarding ensuring information exchange of these systems on the basis of general infrastructure of documentation of information in electronic form.

Article 8

General infrastructure of documentation of information in electronic form consists from:

state components;

integration component.

Integration component of general infrastructure of documentation of information in electronic form is the system of cross-border electronic document management on the basis of interaction of the confidential third parties.

The Commission acts as the operator of integration component of general infrastructure of documentation of information in electronic form.

The state bodies authorized according to the legislation of the state of each of the Parties act as operators of the state components of general infrastructure of documentation of information in electronic form.

Functions of implementation of actions, rules and decisions can be transferred to the Commission on the basis of the agreement signed between the Party and the Commission. Within such agreement questions of financing and information security, and also others organizational and technical and points of order shall be settled.

Amounts and sources of financing of creation, operation and upgrade of general infrastructure of documentation of information in electronic form are determined within total amounts and sources of financing of creation, functioning and development of the integrated information system of foreign and mutual trade of the Customs union according to the Agreement on creation, functioning and development of the integrated information system of foreign and mutual trade of the Customs union of September 21, 2010.

Article 9

Under the Commission the Coordination council which will organize the activities according to the Regulations on Coordination council approved by Interstate Council of Eurasian economic community (The Supreme body of the Customs union) at the level of heads of governments and the regulations of Coordination council approved by the Commission is created.

The main objectives of Coordination council are:

development of decisions for ensuring information security of accounting systems and general infrastructure of documentation of information in electronic form;

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