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The agreement between the Government of the Republic of Kazakhstan and the Cabinet of Ministers of Ukraine on cooperation in customs affairs

of September 17, 1999

The hereinafter referred to as Governments of the Republic of Kazakhstan and the Cabinet of Ministers of Ukraine, 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;

meaning 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 Parties;

agreed as follows:

Article 1 of Determination

For the purposes of this agreement the following terms will be applied:

"customs legislation" - set of regulatory legal acts of the states 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" - physical person or legal entity

"drugs" - the substances included in the UN in lists of the Single Convention on drugs of 1961 with subsequent changes and amendments;

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

"controlled delivery" - method according to which export, transit or import to the territory of one of the states of the Parties of the illegal or suspected of illegality batches of drugs and psychotropic substances from permission and under observation 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;

"certificate" - the official document confirming the actual registration of goods according to the national legal system of the country 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 competences and from compliance with law of the states of the Parties will cooperate for the purpose of:

a) enhancement of passenger and freight traffic between the states of the Parties;

b) ensuring the correct collection of customs duties, charges and other payments, and also applications of customs privileges;

c) prevention, investigation and suppression of customs offenses;

d) simplifications of the procedure of customs clearance between two states.

Article 3 Simplification of Customs Formalities

1. 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.

2. Goods and vehicles, the following en route, are exempted from customs examination except as specified when reasons to believe are had that their import, export and transit are prohibited according to the legislation of the states of the Parties; the customs offense takes place; or according to the national legal system of the state of one of the Parties transit is made on condition of providing customs payment and taxes.

Article 4 Provision of Certificates

1. Customs Services provide each other at the request of the certificate, confirmatory that the goods which are exported from the territory of the state of one Party are imported on the territory of the state of other Party on legal causes. In certificates the type and result of customs procedures according to which goods were drawn up are specified.

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, their analogs and precursors, without preliminary request and in perhaps short time report each other data within the legislation of the states of the Parties:

a) about persons who are known that they are engaged 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, their analogs and precursors, and also new control methods of them.

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

3. The data received by the either party according to Items 1 and 2 of this Article, messages and documents can be transferred it to the law enforcement and other state bodies which are engaged in fight against drug addiction and drug trafficking, psychotropic substances, their analogs 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, psychotropic substances and precursors for the purpose of identification of persons involved in their illicit trafficking.

Decisions on use of methods of controlled deliveries are made by the Parties separately in each case and can consider financial arrangements of the Parties if necessary.

Article 6 Transfer of Data

1. Customs Services of the states of the Parties transfer each other on demand the data which are at their disposal, including by transfer of messages, protocols and other materials or 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 and health of the population;

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

c) the objects representing considerable historical, art, cultural and archaeological value;

d) the goods which are subject according to legislations of the states of the Parties to taxation by high customs duties and taxes;

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