The agreement between the Ministry of state revenues of the Republic of Kazakhstan and the State Customs Committee of the Azerbaijan Republic on cooperation and mutual aid concerning detention and return of the cultural values illegally moved through borders

of April 7, 2000

The ministry of state revenues of the Republic of Kazakhstan and the State Customs Committee of the Azerbaijan Republic which are hereinafter referred to as the Party, noting that illegal import, export and transit of cultural values causes damage to cultural property of the people which protection shall be promoted by customs and other competent authorities of the states,

for the purpose of realization of provisions of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Azerbaijan Republic about cooperation in customs affairs of June 10, 1997,

agreed as follows:

Article 1

Authorized bodies on implementation of provisions of this agreement:

from the Kazakhstan side the Customs committee of the Ministry of state revenues of the Republic of Kazakhstan will be.

from the Azerbaijani side the State Customs Committee of the Azerbaijan Republic will be.

In case of change of the name or function of the above-named authorized bodies of the Party will be timely notified through diplomatic channels.

Article 2

The parties will aim at strengthening of fight against illicit movement of cultural values through frontiers of the states of the Parties and to strengthen customs cooperation in this area.

Article 3

Cultural values in the cases provided by provisions of the national legal system of the states of the Parties can be exported from these states in the presence of the corresponding export permit.

The concept of cultural values is under this agreement determined according to the national legal system of the state of each of the Parties.

Article 4

The export permit of cultural values is issued by the body of the state of the Party authorized on that from which territory export is performed.

Article 5

The physical persons or representatives of legal entities moving cultural values shall declare availability at them such values and show them together with export permits for customs control.

In the absence of export permits of cultural values, the last are late, and one of the Parties from which territory of the state these values were exported is immediately informed on it. In similar cases term for presentation of export permits of cultural values which cannot exceed two months is established.

Article 6

The parties will provide:

- return to the state of export of the found cultural values which are not accompanied with export permits;

- in cases of accountability of persons detained for illicit movement of cultural values, return of these values to the state of their export is made after the introduction in legal force of the decision on responsibility of specified persons;

- appointment of the authorized representatives for transfer and acceptance of the returned cultural values;

- mutual exchange of information about cultural values which according to the national legal system of the states of the Parties are prohibited to export.

Article 7

The cultural values detained by customs authorities of the Parties, after the corresponding trial, return to the physical persons or representatives of legal entities which are directly mentioned in Article 5 of this agreement. All claims connected with return of cultural values are considered by the state from which territory export is performed.

Article 8

The parties will give each other mutual aid on application of this agreement gratuitously, except for payments of the expenses connected with visits of specialists (if one of the Parties considers necessary), storage, transportation or return of the detained cultural values from the state of import or transit to the state of export. The expenses connected with it are incurred by Customs Service of the state of export.

The cultural values returned according to this agreement are not assessed with customs or other payments.

Article 9

The parties will regularly consult concerning cooperation and to perform experience exchange within accomplishment of this agreement. Between the Parties it will be corresponded in Russian.

Article 10

All matters of argument connected with accomplishment, interpretation and change of this agreement will be solved by consultations and negotiations between the Parties.

By mutual consent of both Parties changes and additions which will be drawn up in the form of the protocols which are integral part of this agreement can be made to this agreement.

Article 11

After entry into force of this agreement of the Party without delay will exchange copies of the regulatory legal acts determining in their states procedure for transportation of cultural values and further will systematically report about all changes and amendments in national legal systems of the states of the Parties in this sphere.

Article 12

Provisions of this agreement do not mention obligations assumed by the states of the Parties according to other international treaties.

Article 13

After entry into force of this agreement, the Agreement between the Ministry of Finance of the Republic of Kazakhstan and Customs committee of the Azerbaijan Republic on cooperation in fight against smuggling and customs offense of February 24, 1993 stops the action.

Article 14

This agreement is signed for a period of five years and becomes effective from the date of the last written notice the Parties of each other through diplomatic channels about accomplishment of necessary interstate procedures. Operation of the Agreement will be prolonged automatically for the subsequent five-year periods and will remain in force before the expiration of 6 months from date when one of the Parties sends the written notice to other Party about the intention to stop its action.

It is made in the city of Baku on April 7, 2000 in two authentic copies everyone in the Kazakh, Azerbaijani and Russian languages in case of what all texts are equally authoritative. In case of disagreements in case of interpretation of provisions of this agreement the text in Russian will be used.

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