On signing an Agreement on Cooperation and Mutual Assistance in Customs matters concerning the activities of the representative offices of the Customs services of the Member States of the Customs Union within the framework of the Eurasian Economic Community
Decree of the President of the Republic of Kazakhstan dated April 18, 2011 No. 62.
To be published in the Collection
acts of the President and the Government
Republic of Kazakhstan
In accordance with subparagraph 1) of Article 8 of the Law of the Republic of Kazakhstan dated May 30, 2005 "On International Treaties of the Republic of Kazakhstan"
I DECREE:
1. To approve the attached draft Agreement on Cooperation and Mutual Assistance in Customs Matters concerning the activities of the representative offices of the Customs services of the member States of the Customs Union within the framework of the Eurasian Economic Community.
2. To authorize the First Deputy Prime Minister of the Republic of Kazakhstan, Umirzak E. Shukeyev, to sign on behalf of the Republic of Kazakhstan an Agreement on Cooperation and Mutual Assistance in Customs Matters concerning the activities of the representative offices of the Customs services of the Member States of the Customs Union within the framework of the Eurasian Economic Community, authorizing amendments and additions that are not fundamental.
3. This Decree shall enter into force from the date of signing.
President
Republic of Kazakhstan
N. Nazarbayev
Approved by Decree of the President of the Republic of Kazakhstan on April 18, 2011 No. 62project
Agreements on cooperation and mutual assistance in customs affairs concerning the activities of representative offices of the customs services of the member States of the Customs Union within the framework of the Eurasian Economic Community
The member States of the Customs Union within the framework of the Eurasian Economic Community, hereinafter referred to as the Parties, based on:
The Agreement on the Creation of a Single Customs Territory and the Formation of the Customs Union dated October 6, 2007;
The Agreement on the Customs Code of the Customs Union dated November 27, 2009;
decisions of the EurAsEC Interstate Council (the highest body of the Customs Union);
Desiring to develop friendly relations through cooperation in the field of customs,
Desiring to ensure the interaction of customs services in the single customs territory of the Customs Union within the framework of the EurAsEC (hereinafter referred to as the Customs Union);
In an effort to create a legal basis for the stay and interaction of employees of the representative offices of the customs services, we agreed on the following:
Article 1
For the purposes of this Agreement, the terms used mean:
customs services of the Parties - state bodies of the Parties authorized in the field of customs affairs;
A representative office of the Customs service is an authorized organizational unit of the customs service of a Party operating in the territory of the other Party.;
employees of the Representative Office are persons assigned to work at the Representative Office of the Customs Service and who have begun to perform the functions assigned to the Representative Office of the Customs Service in accordance with Article 3 of this Agreement.;
family members of the employees of the Representative Office are spouses, children, as well as relatives who permanently live together with the employees of the Representative Office and are dependent on them.
Article 2
The Parties shall establish Representative Offices of Customs Services on the territory of other Parties.
A representative office of the customs service may be formed in the form of a separate unit with the rights of a legal entity, or as part of a diplomatic mission of a Party.
The representative office of the Customs Service operates on the basis of the legislation of the Party that established this Representative Office of the Customs Service.
The representative office of the Customs service complies with the legislation of the host country.
The Representative Office of the Customs Service is headed by the Head of the Representative Office of the Customs Service.
The Head of the Customs Service Representative Office is a member of the Board of the Customs Service of the host country.
The representative office of the Customs service may have its own seal and bank account.
The activities of the Representative Office of the Customs Service are carried out on the basis of Regulations approved by the head of the customs service of the Party.
Article 3
In order to ensure the interaction of the customs services of the Parties, the staff of the Representative Office of the Customs Service perform the following main functions::
monitoring the implementation of customs legislation of the Customs Union;
preparation of proposals to improve the effectiveness of the implementation of the legislation of the Customs Union within its competence;
analysis of the implementation of customs and other types of state control at checkpoints on the customs border of the Customs Union in the host country, development of proposals for their unification and improvement;
analysis of data on commodity flows moving across the customs border of the Customs Union (including transit goods and goods of individuals);
study of customs technologies used by the customs service of the host country and informing the customs services of the Parties about the positive experience;
participation in information exchange between the customs services of the Parties.
Article 4
Employees of the Representative Office of the Customs Service, in order to ensure the performance of their assigned functions within their competence, have the right:
represent the interests of the customs service in the customs services of the Parties, the Customs Union Commission, international organizations in the field of customs affairs, integration management bodies in the EurAsEC and CIS;
to cooperate with the customs service of the host country on improving the effectiveness of customs control in the single customs territory of the Customs Union and the development of customs infrastructure;
interact with officials of the customs authorities of the host country to identify and eliminate problematic situations;
interact with the state executive authorities of the host country that carry out border, customs and other types of state control at the customs border of the Customs Union;
to interact with other state authorities of the Party;
participate in the implementation of joint customs information technologies;
participate in the international exchange of information on law enforcement issues and interact with law enforcement units of the customs services of the Parties.
Article 5
When establishing Representative Offices of Customs Services in the form of separate units, the heads and deputy heads of these Representative Offices, as well as their family members, are granted the same privileges and immunities in the host country as members of the diplomatic staff of foreign diplomatic missions.
The corresponding staff units of the head and deputy head of the Representative Office of the Customs Services are included (transferred, attached) in the composition of the diplomatic mission (Ministries of Foreign Affairs) Sides.
The office premises, official correspondence, archives and documents of the Representative Office of the Customs Service are inviolable.
The financing of the Representative Offices of the Customs Services is carried out by the Party whose Customs service they represent.
The Parties undertake obligations to provide the Representative Office of the Customs Service on a gratuitous, parity basis with office premises.
Article 6
The representative office of the Customs service is located at the location of the customs service of the host country.
By agreement of the customs services of the Parties, the staff of the Customs Service Representative Office may be stationed in other places in the host country.
The composition, number and structure of the Representative Office of the Customs Service are determined by the Customs service of the Party that established it in coordination with the customs service of the host country.
The procedure for visits by employees of the Representative Office of the Customs Service of the customs authorities, as well as checkpoints of the host country at the customs border of the Customs Union, is similar to the procedure for visits to these facilities by employees of the customs service of the host country.
Individual issues related to ensuring the activities of the Representative Offices of the Customs Services may be resolved by agreement of the Party that established the Representative Office of the Customs Service and the host country.
Article 7
The representative office of the Customs Service is exempt from all types of taxes and other mandatory payments to be paid to the budgets of all levels of the host country, except for such taxes and other mandatory payments, which are fees for specific types of services.
Article 8
Each Party recognizes as valid identity documents, the right to drive vehicles, as well as official documents of employees of Representative Offices of Customs services.
The Customs Service of the host country provides employees of the Representative Offices of the Customs Services with official documents confirming their status.
Article 9
By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are formalized in separate protocols.
Article 10
Disputes between the Parties related to the interpretation and/or application of this Agreement are resolved through consultations and negotiations.
If the dispute is not settled by the Parties within six months from the date of receipt of an official written request for consultations and negotiations sent by one of the Parties by the other Parties, either Party submits the dispute to the Court of the Eurasian Economic Community for consideration.
Article 11
This Agreement is temporarily applied from the date of signature and is subject to ratification.
This Agreement shall enter into force on the date of receipt by the depositary of the last written notification through diplomatic channels that the Parties have completed the internal procedures necessary for the entry into force of this Agreement.
Committed in the city ___________ _________ 2011 year in the only original copy in Russian.
The original copy of this Agreement is kept at the Customs Union Commission, which will send a certified copy to each Party.
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