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The agreement between the Government of the Republic of Belarus and the Cabinet of Ministers of Ukraine on cooperation and mutual aid in customs affairs

of September 22, 2000

The government of the Republic of Belarus and the Cabinet of Ministers of Ukraine (further - Contracting Parties),

being guided by regulations of the Contract between the Republic of Belarus and Ukraine on economic cooperation for 1999-2008 and for accomplishment of Actions of the interstate program of long-term economic cooperation of the Republic of Belarus and Ukraine for 1999-2008,

proceeding from the fact that violations of the customs legislation cause damage to economic, tax, social and trade interests of their countries

in view of that illicit trafficking in drugs and psychotropic substances constitutes health hazard of citizens and society,

considering importance of ensuring exact charge of the customs duties, taxes and other payments levied during the importing or commodity exportation, proper accomplishment of conditions of prohibitions, restrictions, and also control of import or commodity export

considering that efforts on prevention of violations of the customs legislation and on ensuring the correct collection of customs duties, taxes and other payments can become more effective thanks to cooperation between customs authorities of their states,

according to the Recommendation of Customs Cooperation Council of mutual administrative assistance of December 5, 1953,

in view of regulations of the Convention of the United Nations on fight against illicit trafficking in drugs and psychotropic substances of December 20, 1988,

agreed as follows:

Article 1 of Determination

The concepts used in this agreement mean:

a) "customs legislation" - body of laws and other regulatory legal acts of the states of Contracting Parties, control of which execution is imposed on customs authorities of the states of the Contracting Parties regulating import, export and transit of goods, procedure for collection of customs duties, taxes and other payments, establishments of prohibitions, restrictions, and also control during the importing or commodity export;

b) "customs offense" - any violation of the customs legislation;

c) "persons" - the companies, organizations and the organizations, and also physical persons;

d) "goods" - any personal estate, including currency, currency values, electric, thermal, other types of energy and vehicles, except for the vehicles used for international carriages of passengers and goods including containers and other transport equipment;

e) "controlled delivery" - method in case of which are allowed import, export or transit of the drugs included in illicit trafficking or causing suspicion of it, psychotropic substances, precursors, and also others illegally the moved goods, objects and substances from permission and under control of the relevant competent authorities for the purpose of identification of persons participating in such illicit trafficking;

g) "customs authority":

in the Republic of Belarus - the State Customs Committee of the Republic of Belarus;

in Ukraine - the State Customs Service of Ukraine;

h) "the requesting customs authority" - customs authority of the state of the Contracting Party which requests assistance in customs affairs;

i) "required customs authority" - customs authority of the state of the Contracting Party which received request about assistance in customs affairs.

Article 2 Agreement Coverage

1. Contracting parties through the customs authorities and according to provisions of this agreement:

a) confirm the commitment to simplification of legal movement of goods and physical persons and according to the mutual arrangement between customs authorities will undertake measures for enhancement of customs technologies, methods and procedures for achievement of this purpose;

b) render mutual assistance in prevention and investigation of customs offenses;

c) on demand render mutual assistance in provision of information for investigation of customs offenses;

d) undertake measures for implementation of cooperation in the field of research, development and testing of new customs procedures, personnel training, exchange of specialists, and also on other questions which can demand their collateral actions;

e) aim at harmonization and unification of customs technologies and procedures.

2. Assistance which is provided in subitems "b" and "v" of Item 1 of this Article can be rendered for the purpose of use in the legal, administrative or other proceedings connected with customs offenses.

3. Assistance within this agreement will be performed according to the legislation of the state of required customs authority and within its competence and opportunities.

4. Provisions of this agreement will not be interpreted in such a way that their application will limit the practice of rendering mutual aid existing now between Contracting Parties.

5. This agreement does not mention obligations of the Contracting Parties following from other international agreements in the part concerning legal assistance on cases on customs offenses.

Article 3 of Form of cooperation and mutual aid

1. Customs authorities on own initiative or on demand transfer each other all necessary information according to provisions of this agreement.

2. Customs authorities:

a) exchange experience of their activities, information on new means and methods of making of customs offenses;

b) give each other information on changes in the customs legislation of the states of Contracting Parties and on the technical means of control and methods of their use used by them, and also discuss other questions which are of mutual interest;

c) cooperate within and according to provisions of this agreement.

Article 4 Control of faces, goods and vehicles

The customs authority of the state of one Contracting Party on own initiative or at the request of customs authority of the state of other Contracting Party will exercise control for:

a) movements, in particular entrance of the territory of its state and departure from it of persons known or the violations of the customs legislation of the state of other Contracting Party suspected of making;

b) the movements of goods determined by customs authority of the state of other Contracting Party as its states leading to illicit movement on the territory or from this territory or causing suspicion of it;

c) any vehicles which are known that they are used for the purpose of violation of the customs legislation existing in the territory of the state of other Contracting Party or concerning which there is suspicion of it;

d) the places used for warehousing of goods which can become subject of illegal import to the territory of the state of other Contracting Party.

Article 5 Controlled delivery

1. Customs authorities by mutual consent and the arrangement, in interaction with other law enforcement agencies of the states of Contracting Parties can use method of controlled delivery concerning illegally the moved drugs, psychotropic substances and precursors for the purpose of suppression of their international illicit trafficking, and also identification of persons participating in such turnover.

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