The agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Tajikistan on cooperation and mutual assistance in customs affairs

of December 16, 1999

The government of the Republic of Kazakhstan and the Government of the Republic of Tajikistan which are hereinafter referred to as the Party

wishing to develop friendship including by means of cooperation in the field of customs affairs;

aiming to promote by cooperation of Customs Services to development and acceleration of passenger and freight traffic between the Parties; considering that customs offenses cause damage to economic interests of the states of the Parties;

convinced that observance of the customs legislation and fight against customs offenses can be performed more successfully in case of cooperation of Customs Services of the states of the Parties,

agreed as follows:

Article 1 of Determination

For the purposes of this agreement the applied terms mean:

"customs legislation" - set of regulatory legal acts of the Parties regulating procedure for import, export and transit of goods, hand luggage and baggage of passengers, currency and other values, the international mailings, 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;

"Customs Services" - the central customs authorities of the states of the Parties;

"customs offense" - violation or attempt of violation of the customs legislation;

"person" - any physical person or legal entity;

"drugs" - the substances included in lists of the Single convention of the UN on drugs of 1961 with subsequent changes and amendments and also in lists of the Convention of the UN on fight against drug trafficking of 1988 against subsequent changes and amendments;

"psychotropic substances" - the substances included in lists of the Convention of the UN on psychotropic substances of 1971 with subsequent changes and amendments;

"precursors" - the substances and their salts classified in international conventions as chemical materials which are used for production of drugs and psychotropic substances;

"controlled delivery" - method by which import, transit or export on the territory of the state of the Party of batches of drugs, 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 drugs and psychotropic substances is allowed;

"the declaration and other documents" - the official documents confirming the actual registration of goods according to the national legal system of the state in which registration of goods was made.

Article 2 Scope of the Agreement

The parties, based on this agreement and by means of Customs Services, within their competence and observance of national legal systems of the states of the Parties cooperate for the purpose of:

a) enhancement of customs control of passenger and freight traffic, and also mailings between the states of the Parties;

b) ensuring collection of customs duties, charges, other payments and taxes, and also applications of customs privileges according to the legislation of Agreement parties;

c) prevention, suppression and investigation of customs offenses;

d) simplifications of the procedure of customs clearance between the Parties.

Article 3 Simplification of Customs Procedures

Customs Services:

a) take necessary measures for simplification of customs clearance under mutual approval;

b) recognize customs providing (seals, prints of seals, stamps) and customs papers of each other, and if necessary impose own customs providing on the moved goods.

Article 4 Provision of Certificates

1. Customs Services provide each other on information request, confirmatory that the goods imported or exported from the territory of the state of one Party are exported or imported on the territory of the state of other Party on legal causes. In certificates the type and results of customs procedures according to which goods were drawn up are specified. It concerns also those cases when goods are re-exported from the territory of the state of other Party.

2. Customs Services provide each other at the request of data that the provided by the customs authorities of the certificate subordinated to them or other documents are authentic and contain all necessary data.

Article 5 Fight against illicit trafficking in drugs and psychotropic substances

1. Customs Services, for the purpose of activation of actions according to the prevention, investigation and suppression of drug trafficking, psychotropic substances and precursors without preliminary request and in perhaps short time report each other data:

a) about persons who are known that they are involved in drug trafficking of psychotropic substances and precursors or are suspected of it;

b) about vehicles (including containers) and mailings which are known that they are used for drug trafficking, psychotropic substances and precursors, and also about new control methods of them.

2. Customs Services without preliminary request inform each other on the applied methods of drug trafficking, psychotropic substances and precursors, and also on new control methods of them.

3. Received by the either party, according to Items 1 and 2 of this Article of the data, messages and documents can be transferred to the law enforcement and other state bodies which are engaged in fight against drug addiction and drug trafficking, psychotropic substances and precursors.

4. On the basis of legislations of the states of the Parties and under mutual approval Customs Services use if necessary method of controlled delivery of drugs and psychotropic substances 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.

For the purpose of suppression of smuggling of drugs, psychotropic substances and precursors, the parties perform obligatory examination of vehicles and the moved goods according to operational information of the Parties.

Article 6 Transfer of Data

1. Customs Services transfer each other on demand the data which are at their disposal, including by transfer of messages, protocols and other materials or their verified copies:

a) about the circumstances connected with collection of customs duties, charges and other payments, and also application of customs privileges;

b) about the made or preparing actions which contradict the customs legislation of the state of the requesting Party.

2. Customs Services in perhaps short time report each other including without preliminary request, data on possible customs offenses in fight against which there is special interest of the Parties. It, first of all, concerns customs offenses when moving:

a) goods which can pose environmental hazard or health of the population;

b) weapon, ammunition, explosive and toxic agents, destructive devices;

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