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The agreement between the Government of the Republic of Belarus and the Government of the Republic of Lithuania on cooperation in fight against violations of the customs legislation

of July 12, 1996

The government of the Republic of Belarus and the Government of the Republic of Lithuania which are hereinafter referred to as with the Parties

recognizing that violations of the customs legislation cause damage to economic, tax and social interests of their states,

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

in view of provisions of the Single convention on drugs accepted in New York on March 30, 1961, the Convention on psychotropic substances accepted in Vienna on February 21, 1971 and the Convention of the United Nations on the fight against illicit trafficking in drugs and psychotropic substances accepted in Vienna on December 20, 1988

in view of Recommendations of Customs Cooperation Council of administrative mutual assistance of December 5, 1953,

being convinced that fight against customs offenses will become more effective on condition of cooperation between customs administrations and that such cooperation is one of this agreement purposes,

agreed as follows:

I. Determinations

Article 1

In the context of this agreement:

a) "customs legislation" - set of the regulatory legal acts governing the relations connected with movement of things through borders of the states of the Parties of this agreement including measures of prohibition, restrictions and control of such movement;

b) "customs administration" - in the Republic Belarusgosudarstvenny customs committee of the Republic of Belarus, in the Republic of Lithuania - Customs department under the Ministry of Finance of the Republic of Lithuania;

c) "customs offense" - any act encroaching much, established by the customs legislation, and punishable according to the penal or administrative legislation of the states of the Parties of this agreement or one of them;

d) "person" - any physical person or legal entity;

e) "controlled deliveries" - method of the admission of import to the territories of the states of the Parties, export from their territories or transit through their territories of the drugs included in illicit trafficking or suspected of it, psychotropic substances or substances which they are replaced, with the consent of competent authorities of the states of the Parties and under their control, for the purpose of identification of persons participating in illicit trafficking in drugs and psychotropic substances.

II. Scope of application

Article 2

1. The parties which signed this agreement by means of customs administrations give each other mutual aid:

a) in prevention, identification, suppression and investigation of customs offenses according to provisions of this agreement;

b) regarding the notification on the documents relating to application of the customs legislation;

c) regarding ensuring the correct collection of customs fees, duties and other payments, and also exact application of the regulations concerning prohibitions, restrictions and control when moving things through borders of the states of the Parties of this agreement.

2. The help provided by this agreement is performed according to the legislation of the state of the required Party within competence and opportunities of customs administration.

This agreement does not affect the spheres of cooperation provided by other international obligations of the Parties, in particular, of regulations of the Contract between the Republic of Belarus and the Republic of Lithuania on legal assistance and legal relations on civil, family and criminal cases signed on October 20, 1992 in Vilnius.

3. This agreement does not provide compensation of customs duties, charges and other payments.

III. Customs control of persons, goods and vehicles

Article 3

1. Customs administrations of the Parties on own initiative or on demand take additional measures for carrying out customs control in the relation:

a) persons who are known or which are suspected of violation of the customs legislation of the state of other Party;

b) movements of goods or means of payment about which by customs administration of one of the Parties it is reported to customs administration of other Party that they are involved in illicit trafficking in the territory of this state;

c) vehicles which are known that they are used for the purpose of violation of the customs legislation of the state of other Party or are suspected of it;

d) the places used for storage of the goods intended for large-scale illegal turnover in the territory of the state of other Party.

2. Within the competence customs administrations of the Parties will not permit:

a) commodity exportation who are known or concerning which there are good causes to assume that they are exported on the territory of the state of other Party for other purposes, than legal business volume between the states of the Parties;

b) commodity exportation which import to the territory of the state of other Party is prohibited.

IV. Controlled deliveries

Article 4

1. The parties within the opportunities will take necessary measures if they do not contradict basic provisions of the national legal system, resolving proper application of controlled deliveries at the international level on the basis of mutually agreed arrangements, for the purpose of identification of persons participating in illicit trafficking in drugs and psychotropic substances and acceptance concerning their law-enforcement measures.

2. In each case competent authorities of the states of the Parties make separate decisions on application of controlled deliveries. Decisions can, if necessary and if it does not contradict the national legal system, to be accepted taking into account mutually agreed financial arrangements.

3. Illegal departures which controlled deliveries are performed according to the mutual arrangement of competent authorities can be detained or allowed to further movement in the presence to them drugs and psychotropic substances, and also with withdrawal or replacement of these substances fully or partially.

V. Exchange of information

Article 5

Customs administrations of the Parties on own initiative or will provide on demand each other all information necessary for correctness establishment:

a) collections of customs duties and other import and export taxes and charges, and especially information allowing to establish correctness of assessment of goods in the customs purposes and their tariff classification;

b) applications of prohibitions and import restrictions, export and transit;

c) use of rules of determination of the country of goods' origin if it is not provided by other Agreements.

Article 6

The customs administration of one Party provides information at the request of customs administration of other Party:

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