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The agreement between the Ministry of state revenues of the Republic of Kazakhstan and Customs committee under the Government of the Republic of Tajikistan about cooperation in fight against smuggling and customs offenses, and also against arms trafficking, ammunition, explosives, drugs, psychotropic substances and precursors

of June 13, 2000

The ministry of state revenues of the Republic of Kazakhstan and Customs committee under the Government of the Republic of Tajikistan which are hereinafter referred to as the Party

for the purpose of activation of actions for prevention, investigation and suppression of smuggling and illegal arms trade, ammunition, explosives, drugs, psychotropic substances and precursors,

aiming to develop cooperation in this area,

agreed as follows:

Article 1

Authorized body on implementation of provisions of this agreement on behalf of the Ministry of state revenues of the Republic of Kazakhstan will be the Customs committee of the Ministry of state revenues of the Republic of Kazakhstan.

Authorized body on implementation of provisions of this agreement from the Tajik Side will be the Customs committee under the Government of the Republic of Tajikistan. 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, being guided by the principles of equality and mutual respect, according to national legal systems of the states of the Parties and within this agreement will cooperate with the purpose of prevention, investigation and suppression of smuggling and customs offense, and also arms trafficking, ammunition, explosives, drugs, psychotropic substances and precursors.

Article 3

The parties will take all necessary measures directed to acceleration of customs control in freight and passenger traffic and in post exchange and also on the prevention of illegal import, export and transit of vehicles, loads, baggage, mailings, currencies, other means of payment and currency values, in order to avoid possible damage to economic and other interests of the states of the Parties.

Article 4

The parties, based on this agreement will perform cooperation with each other within their competence and in case of observance of the national legal system will exchange:

a) information on the existing customs legislation;

b) information on methods of fight against smuggling and customs offenses, and also activation of actions for prevention, investigation and suppression of smuggling and illegal arms trade, ammunition, explosives and precursors;

c) experience of use of technical means of control and work of film logical services;

d) specialists for the purpose of training in methods of fight against smuggling, arms trafficking and drugs;

e) scientific publications and education guidances concerning fight against smuggling, arms trafficking and drugs;

e) information on new types and production sites of drugs, psychotropic substances and precursors, routes of their illicit movement and methods of their concealment;

g) information in the field of identification and the laboratory analysis of drugs, psychotropic substances and precursors;

h) information on the change in price for weapon and drugs in the different countries and regions;

i) information on the initial chemicals used for synthesis of drugs;

j) information on routes of illicit movement ми methods of concealment of weapon, ammunition and explosives.

Article 5

Each of the Parties on own initiative or at the request of other Party provides operational data:

a) about persons who are engaged in smuggling or illegal arms trade, drugs, psychotropic substances and precursors or which are suspected of it;

b) about the vehicles, loads and mailings used for smuggling movement;

c) about the facts of detection of objects of smuggling and illicit movement of drugs from the territory of the state of one Party on the territory of the state of other Party.

Article 6

Information provided by the Parties as in oral, and in writing, will be considered as confidential and to be used only for the purpose of accomplishment of this agreement.

The parties do not provide to the third party the information received according to this agreement without the consent of other Party if their distribution can cause damage to interests of other party or interests of the states of the Parties.

Article 7

The cooperation is performed in the form of requests. In requests concerning cooperation are specified: the name of the requesting body, summary of being of question, in communication with which the inquiry, the subject of request and the data necessary for its execution is sent. The parties send each other inquiries in writing. Requests are signed by heads of bodies of the requesting Party and sealed by official.

In immediate case inquiries can be sent by telegraph, the teletype or channels of fax connection with the subsequent written confirmation. Queries are solved no later than one month from the date of their obtaining in time. In case of transfer of requests to other departments and organizations, and also the requesting body is without delay notified on the circumstances interfering their accomplishment.

Article 8

If the inquiry of one of the parties sent to other Party (according to Articles 3 and 4 of this agreement) can cause damage to sovereignty and homeland security of the state of other Party, then the address can be rejected with indication of the bases and motives.

Article 9

On the basis of national legal systems of the states of the Parties and under mutual approval Customs Services use if necessary method of controlled delivery of drugs, psychotropic substances and precursors for the purpose of identification of persons involved in their illicit trafficking. Decisions on use of method of controlled delivery are made by the Parties separately in each case and can consider financial arrangements of the Parties if necessary.

Article 10

If one of the Parties is interested in participation of the official of other Party as the witness or the expert upon smuggling or customs offense, then she has the right to make to other Party the corresponding inquiry.

The satisfaction of such request is regulated by Articles 3 and 4 of this agreement. Officials of one of the Parties for stay in the territory of the state of other Party shall have documentary confirmation of the official powers.

Article 11

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.

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