of December 15, 2014
About interaction of Customs Services of state members of the Shanghai Cooperation Organization in the law-enforcement sphere
The Customs Services of state members of the Shanghai Cooperation Organization (further - SCO) which are hereinafter referred to as with the Parties
for the purpose of realization of the Charter of the Shanghai Cooperation Organization of June 7, 2002, the Agreement between the governments of state members of the Shanghai Cooperation Organization on cooperation and mutual assistance in customs affairs of November 2, 2007 and the Agreement on cooperation between the governments of state members of the Shanghai Cooperation Organization in fight against crime of June 11, 2010 (further - Agreements);
in view of that offenses in the field of customs affairs cause damage to economic, trade, financial, social and cultural interests and pose threat of homeland security of the states, Parties;
convinced that close cooperation between the Parties according to provisions of the this Protocol will promote more effective actions in fight against customs offenses and crimes;
being guided by rules of international law and the national legal system of the states, Parties;
agreed as follows:
For the purposes of the this Protocol the following terms are used:
"operational search activities" - type of activity, performed by the Parties publicly and secretly within the competence and powers determined by the national legal system of their states;
"controlled delivery" - method of operational search activities in case of which movement on the territory of one or several states of the Parties of the illegal or causing suspicion batches, and also drugs, psychotropic substances and their precursors, or the substances replacing them, from permission and under the supervision of the Parties for the purpose of identification of persons participating in making of the crimes connected with illicit trafficking in goods, drugs, psychotropic substances and their precursors is allowed;
"information" - the data transferred according to provisions of the this Protocol.
The parties perform cooperation and interaction concerning operational search activities within the this Protocol, and also according to the legislation of the states.
The cooperation of the Parties is performed by holding the following events:
carrying out the analysis of situation on customs borders and at check points within competence of the Parties;
rendering assistance on check and provision of information concerning persons who are systematically violating the customs legislation of the states, Parties;
developments of offers and their joint realization for the benefit of enhancement of operational search activities;
execution of requests about conducting investigation and search operations and inquiries on cases on violations of the law of the states, the Parties, control of which observance according to their legislation is imposed on the Parties;
exchange of information between the Parties;
holding bilateral and multilateral international special events, including with use of the "controlled delivery" method, directed to identification, disclosure and control of offenses and offenses in the field of customs affairs;
increases in efficiency of cooperation in the law-enforcement sphere, including in case of accomplishment of request and help work.
The expenses connected with realization of provisions of this Article within the territory of the state, each Party bears independently.
Exchange of information concerning offenses and crimes in the field of customs affairs is performed by the Parties according to Agreement provisions.
The parties hold consultations at the level of representatives of the relevant divisions for exchange of information about condition of the developed situation on customs borders and at check points of the states, Parties, and also on other questions which are of mutual interest.
The parties communicate about sources and channels of possible illicit movement of goods and currencies, and also smuggling of drugs, psychotropic substances and their precursors.
Exchange of information according to the this Protocol is performed in the Russian and Chinese languages.
By mutual consent of the Parties in the this Protocol changes and additions which are drawn up by separate protocols can be made.
The disputes and disagreements between the Parties arising in case of interpretation and application of the this Protocol are solved by consultations and negotiations.
The this Protocol consists sine die and becomes effective from the date of receipt by depositary of the last written notice of accomplishment of each of the Parties of the interstate procedures necessary for its entry into force which signed it.
The this Protocol is open for accession of Customs Services of the states which became members of the Shanghai Cooperation Organization. For the Customs Service which joined the this Protocol after its entry into force, the this Protocol becomes effective from the date of receipt by depositary of the document on completion of the interstate procedures necessary for its entry into force.
Each Party can leave the this Protocol, having sent to depositary the written notice of it at least in 6 months prior to date of exit. The depositary informs other Parties on such intention within 30 days from the date of receipt of such notification.
Depositary of the this Protocol is the Secretariat of SCO which within 30 days from signature date of the this Protocol will send to each of the Parties its verified copy.
It is made in the city of Astana on December 15, 2014 in one authentic copy in the Russian and Chinese languages, and both texts are equally authoritative.
For the Ministry of Finance of the Republic of Kazakhstan
For the State Customs Service under the Government of the Kyrgyz Republic
For the Head customs authority of People's Republic of China
For the Federal Customs Service (Russian Federation)
For Customs Service under the Government of the Republic of Tajikistan
For the State Customs Committee of the Republic of Uzbekistan
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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