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The agreement between the Government of Ukraine and the Government of the Republic of Estonia on cooperation in fight against violations of the customs legislation

of July 6, 1993

The government of Ukraine and the Government of the Republic of Estonia which are hereinafter referred to as the Party

recognizing that violations of the customs legislation cause damage to economic, tax and public concerns of their countries,

meaning that illicit trafficking in drugs and psychotropic substances constitutes health hazard of society,

recognizing need of the correct application of the customs duties, charges and other payments levied when importing, exporting and transit of goods, and also exact observance of the provisions concerning prohibitions, restrictions and control

convinced that observance of the customs legislation will be more effective in case of close cooperation of Customs Services,

considering Recommendations of Customs Cooperation Council of administrative mutual assistance of December 5, 1953,

in view of regulations of the Single convention of the UN on drugs (New York, on March 30, 1961), Conventions on psychotropic substances (Vienna, on February 21, 1971) and the Conventions on fight against illicit trafficking in drugs and psychotropic substances (Vienna on December 19, 1988) drafted under the auspices of the United Nations

agreed as follows:

DETERMINATIONS

Article 1

For the purposes of this agreement:

a) "customs legislation" - the provisions of legal and legal acts regulating procedure for import, export and transit of goods and collection of customs duties of charges and other payments and also procedure for prohibitions, restrictions and control;

b) "customs administration" - in Ukraine - the State Customs Committee, in the Republic of Estonia - State customs department;

c) "violations of the customs legislation" - any violation of the customs legislation is equal as any attempt of violation of this legislation;

d) "territory" - the territory, including, the territories of the artificial islands, installations and constructions created in economic (sea) zone of the state over which it has the exclusive jurisdiction concerning customs affairs.

SCOPE OF APPLICATION

Article 2

1. The parties based on this agreement and by means of customs administrations give each other help:

(a) for the purpose of exact observance of the customs legislation;

(b) for the purpose of prevention, investigation and suppression of violations of the customs legislation;

(c) regarding the notification on the documents relating to application of the customs legislation.

2. Help provided by this agreement is given according to the laws and instructions of the required Party within competence and opportunities of customs administration.

3. This agreement does not provide compensation of customs duties, charges and other payments.

OBSERVATION OF FACES, GOODS AND VEHICLES

Article 3

1. Customs administrations of the Parties on own initiative or on demand perform special observation for:

(a) persons who are known or which are suspected of violation of the customs legislation of other Party;

(b) movement of goods or means of payment about which by customs administration of one of the Parties it is reported to customs administration of other Party that they are involved in illicit trafficking in the territory of this party;

(c) any vehicles which are known that they use for the purpose of violation of the customs legislation of other Party or are suspected of it;

(d) the places used for storage of the goods intended for illegal turnover in the territory of other Party.

2. Within the competence customs administrations of the Parties will not permit:

(a) commodity exportation who are known or concerning which there are good causes to assume that they are exported on the territory of other Party for other purposes, than legal business volume between the states of the Parties;

(b) commodity exportation which import to the territory of the state of other Party is prohibited.

EXCHANGE OF INFORMATION

Article 4

1. Customs administrations of the Parties on own initiative or will provide on demand each other all information necessary for correctness establishment:

(a) collections of customs duties and other import and export fees and payments and, especially, information allowing to establish correctness of assessment of goods in the customs purposes and their tariff classification;

(b) application of prohibitions and import restrictions, export and transit;

(c) use of rules of determination of goods origin if other is not provided by other agreements.

2. In cases if the customs administration of one Party has no required information, she can find at own discretion it according to regulations of own customs legislation.

Article 5

The customs administration of one Party provides on demand to other Party information:

about legality of commodity exportation from the state of the required Party, imported into the state of the requesting Party,

about legality of import to the state of the required Party of the goods exported from the state of the requesting Party and about customs procedures to which these goods were exposed.

Article 6

The customs administration of one Party on own initiative or on demand provides to customs administration of other Party all information which can be used by it in investigation of violations of the customs legislation, especially in the relation:

(a) physical persons or legal entities which are known or which are suspected of violation of the customs legislation of other Party;

(b) goods concerning which it is known or reasons to believe are had that they are used in illicit trafficking;

(c) vehicles concerning which it is known or there are bases to assume that they are used in case of violation of the customs legislation.

Article 7

The customs administration of one Party on own initiative or on demand, provides to customs administration of other Party the acts, protocols, written proofs or verified copies of documents containing all information which is available at their order about the established or planned actions which contradict or can contradict the legislation of other Party.

Article 8

The documents provided by this agreement can provide in the form of computer information or in other form.

All necessary information on interpretation and use of this material shall be provided at the same time.

Article 9

1. Provision of originals of documents can be requested only when complete copies are not enough.

2. Originals of the documents received from customs administrations of other Party return as soon as possible.

INVESTIGATION

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