On ratification of the Agreement on the Use of Information Technologies in the Exchange of Electronic Documents in Foreign and Mutual Trade in the Single Customs Territory of the Customs Union

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The Law of the Republic of Kazakhstan dated January 15, 2014 No. 162-V SAM

RCPI's note!  The Agreement is terminated in connection with the entry into force of the Treaty on the Eurasian Economic Union, ratified by the Law of the Republic of Kazakhstan dated 14.10.2014 No. 240-V (for the procedure of entry into force, see Article 113).

To ratify Agreement on the Use of Information Technologies in the Exchange of Electronic Documents in Foreign and Mutual Trade in the Single Customs Territory of the Customs Union, signed in Moscow on September 21, 2010.

President of the Republic of Kazakhstan N.Nazarbayev

AGREEMENT on the Use of Information Technologies in the Exchange of Electronic Documents in Foreign and Mutual Trade in the Single Customs Territory of the Customs Union

(Entered into force on March 20, 2014 - Bulletin of International Treaties of the Republic of Kazakhstan 2014, No. 3, Article 19)

The Governments of the member States of the Customs Union within the framework of the Eurasian Economic Community, hereinafter referred to as the Parties, taking into account mutual interests in the development and application of information technologies to ensure the processes of economic integration, development of foreign and mutual trade, based on the belief that the adoption of uniform rules for electronic document management of the Customs Union will increase the efficiency of foreign and mutual trade, In an effort to develop a common approach to solving the problem of removing legal barriers to the use of electronic documents in foreign and mutual trade in the single customs territory of the Customs Union, we agreed on the following:

Article 1

The parties cooperate in the application of modern information technologies in the exchange of electronic documents in foreign and mutual trade. The Parties shall cooperate in order to simplify the implementation of foreign and mutual trade in the single customs territory of the Customs Union.

Article 2

This Agreement regulates the relations arising in the process of compilation, dispatch, transfer, receipt, storage and use of electronic documents by state bodies of the states of the Parties, individuals or legal entities (hereinafter referred to as subjects of electronic interaction) when using information technologies for the exchange of electronic documents in foreign and mutual trade in the single customs territory of the Customs Union.

Article 3

For the purposes of this Agreement, the following terms and definitions are used: "electronic document on foreign and mutual trade" is a formalized record of information in electronic form, certified with an electronic digital signature and complying with the rules and requirements of documentation in the implementation of foreign and mutual trade in the single customs territory of the Customs Union (electronic document); "accounting system" is an information system containing information from the title documents of subjects of electronic interaction, on the basis of which legally significant electronic documents are compiled or issued; "general infrastructure for documenting information in electronic form" is a set of information technology and organizational and legal measures, rules and decisions implemented in order to give legal force to electronic documents used in the implementation of foreign and mutual trade in the single customs territory of the Customs Union; A "trusted third party" is an organization authorized, in accordance with the legislation of the state of each of the Parties, to carry out activities to verify an electronic digital signature in electronic documents at a fixed time in relation to the originator and (or) addressee of the electronic document.

Article 4

Issues related to the subject matter of this Agreement and not reflected in it are regulated by the legislation of the state of each of the Parties.

Article 5

If, in accordance with the legislation of the state of each of the Parties, it is required that the document be drawn up in writing, then an electronic document drawn up according to the rules and requirements of documentation determined by The Commission of the Customs Union (hereinafter referred to as the Commission) is considered to comply with this requirement. If, in accordance with the legislation of the State of each of the Parties, it is required that a paper document be stamped, then an electronic document drawn up in accordance with the rules and documentation requirements determined by the Commission does not require such certification.

Article 6

An electronic document drawn up in accordance with the rules and documentation requirements determined by the Commission is recognized as legally valid for a similar paper document signed by the author of the electronic document or signed and stamped. A document cannot be invalidated on the sole ground that it is in the form of an electronic document. The use of an electronic document by the States of the Parties as evidence of legality cannot be prohibited because of its electronic form.

Article 7

The procedure for maintaining accounting systems in electronic form, as well as the specifics of their use, are determined by the legislation of the state of each of the Parties, taking into account the provisions of this Agreement regarding the provision of information interaction between these systems based on a common infrastructure for documenting information in electronic form.

Article 8

The general infrastructure for documenting information in electronic form consists of: government components; integration component. An integration component of the overall electronic information documentation infrastructure is a cross-border electronic document management system based on the interaction of trusted third parties. The Commission acts as the operator of the integration component of the general information documentation infrastructure in electronic form. The operators of the state components of the general infrastructure for documenting information in electronic form are government agencies authorized in accordance with the legislation of the state of each of the Parties. The functions of implementing measures, rules and decisions may be transferred to the Commission on the basis of an agreement concluded between the Party and the Commission. Such an agreement should address issues of financing and information security, as well as other organizational, technical and procedural issues. The volume and sources of financing for the creation, operation and modernization of the common infrastructure for documenting information in electronic form are determined within the framework of the total volume and sources of financing for the creation, operation and development of the integrated information system for foreign and Mutual trade of the Customs Union in accordance with the Agreement on the Creation, Operation and Development of the Integrated Information System for Foreign and Mutual Trade of the Customs Union dated September 21. in 2010.

Article 9

A Coordinating Council is established under the Commission, which organizes its activities in accordance with the Regulations on the Coordinating Council, approved by The Interstate Council of the Eurasian Economic Community (the highest body of the Customs Union) at the level of heads of Government, and the regulations of the Coordinating Council approved by the Commission. The main tasks of the Coordinating Council are: development of solutions to ensure information security of accounting systems and the general infrastructure for documenting information in electronic form; development of the components of the common infrastructure for documenting information in electronic form based on interstate standards of the member States of the Commonwealth of Independent States, international standards and recommendations; coordination of the development and testing of standard information technology solutions and software and hardware complexes within the framework of the common infrastructure for documenting information in electronic form; coordination of the development of rules for documenting information in electronic form, a unified security policy and operating regulations for individual components and services of the common infrastructure for documenting information in electronic form, as well as recommendations on their application for subjects of electronic interaction; preparation of recommendations for the harmonization of the legislation of the state of each of the Parties when using electronic documents in foreign and mutual trade in the single customs territory of the Customs Union, as well as for the unification of information interfaces between accounting systems. The members of the Coordinating Council are authorized representatives of the States of the Parties and The Commission's secretariat. Specialists and experts from the States of the Parties may be involved in the work within the framework of the Coordinating Council. Financial support for the travel expenses of the members of the Coordinating Council, as well as specialists and experts from the States of the Parties involved in the work of the Coordinating Council, is provided by the sending State bodies of the States of the Parties. The meetings of the Coordinating Council are held in the Secretariat of the Commission. The scientific research and development work necessary for the implementation of the provisions of this Agreement shall be provided by the Commission.

Article 10

The activities of the services of a trusted third party in relation to subjects of information interaction are carried out in accordance with the requirements of this Agreement and the legislation of the state of the Party in whose jurisdiction the trusted third party is located. Trusted third party: legalizes (authenticates) electronic documents; provides guarantees of trust in the international (cross-border) exchange of electronic documents; ensures the legality of the use of electronic digital signatures in outgoing and (or) incoming electronic documents and messages in accordance with the rules and requirements of the legislation of the state where the trusted third party is located. Trusted third parties interact to establish trust in the organization of cross-border electronic document management between subjects of electronic interaction between the States of the Parties using different mechanisms for the protection of electronic documents. The Parties shall ensure the right of subjects of information interaction to use the services of trusted third parties, whose functions are performed by state bodies of the States of the Parties or organizations accredited by them.

Article 11

Disputes between the Parties related to the interpretation and/or application of the provisions of this Agreement are resolved primarily through consultations and negotiations. If the dispute is not resolved by the parties to the dispute through consultations and negotiations within 6 months from the date of the official written request for their holding sent by one of the parties to the dispute to the other party to the dispute, then, in the absence of any other agreement between the parties to the dispute regarding the method of its resolution, either party to the dispute may refer this dispute for consideration to the Court of the Eurasian Economic Community. the economic community. The Commission shall assist the Parties in resolving the dispute before it is referred to the Court of the Eurasian Economic Community for consideration.

Article 12

By agreement of the Parties, amendments may be made to this Agreement, which are formalized in separate protocols that are an integral part of this Agreement.

Article 13

This Agreement is subject to ratification and is provisionally applicable from the date of signature. This Agreement shall enter into force on the date of receipt by the depositary of the last written notification through diplomatic channels on the completion by the States of the Parties of the internal procedures necessary for the entry into force of this Agreement.

Done in Moscow on September 21, 2010, in one original copy in the Russian language. The original copy of this Agreement is kept in The Commission, which, as the depositary of this Agreement, will send each Party a certified copy of it.

For the Government For the Government For the Government of the Republic of the Republic Russian Belarus Kazakhstan Federations

I hereby certify that this text is a complete and authentic copy of the Agreement on the Use of Information Technologies in the Exchange of Electronic Documents in Foreign and Mutual Trade in the Single Customs Territory of the Customs Union, signed on September 21, 2010 in Moscow.: for the Government of the Republic of Belarus - Deputy Prime Minister of the Republic of Belarus A.V. Kobyakov, for the Government of the Republic of Kazakhstan - First Deputy Prime Minister of the Republic of Kazakhstan - U.E. Shukeyev, for the Government of the Russian Federation - I.I. Shuvalov, First Deputy Chairman of the Government of the Russian Federation. The original copy is kept in the Commission of the Customs Union.

Director of the Legal Department of the Commission's Secretariat Customs Union N.B. Slyusar

President

Republic of Kazakhstan

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