The agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Lithuania On cooperation and mutual aid in customs affairs

of May 11, 2000

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

proceeding from the fact that violations of the customs legislation cause damage to economic, tax and social interests of their states, and also legitimate interests of trade; in view of that illicit trafficking in narcotic and psychotropic substances constitutes health hazard of citizens and society;

considering importance of ensuring exact calculation of the customs duties, taxes and other charges levied during the importing or commodity export and also proper accomplishment of conditions of prohibition, restriction and control;

considering that efforts on prevention of violations of the customs legislation and on ensuring the correct collection of customs duties and taxes can become more effective thanks to cooperation between their Customs Services;

in view of regulations of the Single Convention of the UN on drugs of 1961, the Convention of the UN of 1971 on psychotropic substances and the Convention of the UN on fight against illicit trafficking in narcotic and psychotropic substances of 1988 against subsequent changes and amendments, agreed as follows:

Article 1 Determination of Terms

For the purpose of this agreement:

1) "customs legislation" means set of regulatory legal acts of the Parties regulating procedure for import, export and transit of goods, hand luggage and baggage of passengers, the international mailings, currency and other values, collection of customs duties, charges and other payments, provision of privileges on customs payments, establishment of prohibitions and restrictions, and also control of movement of goods through customs borders of the states of the Parties;

2) "violation" means any violation of the customs legislation, and also any attempt of violation of this legislation;

"Customs Services" mean 3):

in the Republic of Kazakhstan - Customs committee of the Ministry of state revenues of the Republic of Kazakhstan;

in the Republic of Lithuania - Customs department under the Ministry of Finance of the Republic of Lithuania;

4) "controlled delivery" - method by which export, transit or import to the territories of the states of the Parties of batches of narcotic and psychotropic substances from permission and under control of competent authorities of the states of the Parties, for the purpose of identification of persons involved in illicit trafficking in narcotic and psychotropic substances is allowed.

Article 2 Agreement Coverage

1. The parties through the Customs Services will also perform in accordance with the terms hereof cooperation and to render each other mutual assistance for the purpose of:

a) simplification and acceleration of movement of goods;

b) ensuring proper observance of the customs legislation;

c) prevention, investigation and suppression of violations of the customs legislation.

2. Assistance within this agreement is performed according to the legislation existing in the territory of the required Party and within competence and opportunities of required Customs Service. In case of need Customs Services can organize assistance of other competent authorities according to the legislation existing in the territory of the required Party. This agreement cannot be applied, violating the rules regulating mutual aid in the field of investigation of criminal offenses.

3. This agreement does not extend to compensation of unpaid customs duties, taxes or any other charges.

Article 3 of Form of cooperation and mutual assistance

1. Customs Services will transfer each other on own initiative or on demand all necessary information according to Articles 6, of the 7 and 8 this agreement.

2. Customs Services will be:

a) exchange experience, concerning their activities, and information on new means and methods of prevention of violations of the customs legislation;

b) inform each other on the customs legislation and its changes and amendments, and also on the technical means of control and methods of their use used by them, and also to discuss other questions which are of mutual interest.

Article 4 Observation of faces, goods and automobiles

The Customs Service of one Party, on own initiative or at the request of Customs Service of other Party, makes special observation for:

a) movements, in particular, entrance on the territory of its state and departure from it of persons who are known that they violated the customs legislation existing in the territory of other Party or who are suspected of such violation;

b) movements of goods and instruments of payment about which by Customs Service of one of the Parties it is reported to Customs Service of other Party that they are involved in illicit trafficking in the territory of this state;

c) by all means transport who are known that they are used for the purpose of violation of the customs legislation existing in the territory of other Party or which cause suspicion of it;

d) the places used for warehousing of goods which can become subject of essential illicit movement on the territory of other Party.

Article 5 Controlled delivery

1. If it does not contradict the national legal system of the Parties, Customs Services can use, by mutual consent and the arrangement, method of controlled delivery of narcotic and psychotropic substances at the international level for the purpose of identification of persons involved in illicit trafficking in these substances.

2. Illegally the moved batches which controlled deliveries are performed according to the reached agreements with the consent of both Customs Services can be detained or left for further transportation with preserving or withdrawal, complete or partial replacement illegally of the moved batches of narcotic or psychotropic substances.

3. Decisions on use of controlled deliveries are made in each separate case and can consider if necessary the financial arrangements reached by both Customs Services.

Article 6 Fight against illicit trafficking in goods

Customs Services without delay will transfer each other on own initiative or on demand all necessary information on the established actions which violate or can violate the customs legislation existing in the territory of one of the Parties in the area:

a) movements of weapon, ammunition, explosive, toxic agents and destructive devices;

b) movements of objects of old times and the art which are of considerable historical, cultural or archaeological value for one of the Parties;

c) transportations of toxic agents, and also other goods constituting danger to the environment and human health;

d) movements of the goods which are important especially and strategic goods to which measures of non-tariff regulation according to the lists existing in the territories of the Parties which Customs Services exchange are applied.

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