On signing an Agreement on the procedure for the movement of Narcotic Drugs, Psychotropic Substances and their Precursors through the Customs Territory of the Customs Union
Decree of the President of the Republic of Kazakhstan dated September 2, 2013 No. 630
I DECREE:
1. To approve the attached draft Agreement on the procedure for the Movement of Narcotic Drugs, Psychotropic Substances and their Precursors through the Customs territory of the Customs Union.
2. Authorize the Deputy Prime Minister of the Republic of Kazakhstan, Kelimbetov Kairat Nematovich, to sign on behalf of the Republic of Kazakhstan an Agreement on the procedure for the movement of Narcotic Drugs, Psychotropic Substances and their Precursors through the Customs Territory of the Customs Union, with the right to make amendments and additions to it that are not fundamental.
3. This Decree shall enter into force from the date of signing.
President of the Republic of Kazakhstan N.Nazarbayev
APPROVED
By Presidential Decree
Of the Republic of Kazakhstan dated September 2, 2013 No. 630
Project
agreement
on the procedure for the movement of narcotic drugs, psychotropic substances and their precursors through the customs territory of the Customs Union
The Republic of Belarus, the Republic of Kazakhstan and the Russian Federation, hereinafter referred to as the Parties, based on the Agreement on the Eurasian Economic Commission of November 18, 2011, the Agreement on the Establishment of a Single Customs Territory and the Formation of the Customs Union of October 6, 2007, wishing to promote the development of trade relations, seeking to create favorable conditions for the effective functioning of the single customs territory of the Customs Union the Union and the Single Economic Space, Reaffirming their commitment to the principles of fulfilling international obligations under the Single Convention on Narcotic Drugs of March 30, 1961, the Convention on Psychotropic Substances of February 21, 1971, the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of December 20, 1988, based on the need to ensure the fulfillment of national interests and obligations of the Parties, have agreed on the following:
Article 1
For the purposes of this Agreement, the following terms are used: "narcotic drugs, psychotropic substances and their precursors" - narcotic drugs, psychotropic substances and their precursors included in the national lists of such drugs and substances of the Parties; "transfer" - import (export) of narcotic drugs, psychotropic substances and their precursors from the territory of one Party to the territory of The other Side; "transportation (internal transit)" means the import (export) of narcotic drugs, psychotropic substances and their precursors from the territory of one Party to the territory of the other Party through the territory of a third Party, as well as the import (export) of narcotic drugs, psychotropic substances and their precursors from one part of the territory of a Party to another part through the territory of the other Party."authorization document" is a document confirming the right to transfer narcotic drugs, psychotropic substances and their precursors from the territory of one Party to the territory of the other Party.; "competent authority" means the authority of the Party authorized to issue permits. Other concepts and terms used in this Agreement are applied in accordance with the Single Convention on Narcotic Drugs of March 30, 1961, the Convention on Psychotropic Substances of February 21, 1971, the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of December 20, 1988 and international treaties concluded in within the framework of the Customs Union and the Single Economic Space.
Article 2
This Agreement defines the procedure for movement and transportation (internal transit): by legal entities when trading between the Parties, for conducting clinical trials, expertise, state registration and quality control, as well as in first aid kits on certain types of transport; by individuals for personal use (for non-commercial purposes).
Article 3
This Agreement applies to legal entities and individuals. It is prohibited for individuals registered as business entities to carry out movement, as well as transportation (internal transit). Legal entities carry out the transfer in the presence of import (export) permits issued by the competent authorities of the Parties containing the following information: the name of the narcotic drug, psychotropic substance or precursor; the international unregistered name of a narcotic drug, psychotropic substance, or precursor, if any; the quantity of narcotic drug, psychotropic substance, or precursor to be moved; the name and address of the location and/or legal address of the legal entity moving the narcotic drug, psychotropic substance, or precursor; the name of the legal entity to which the transfer of narcotic drugs, psychotropic substances or precursors is carried out, and the address of its location and/or legal address; the validity period of the permit document. Individuals carry out the movement and transportation (internal transit) of a limited number of narcotic drugs, psychotropic substances and their precursors in the form of medicines for personal use for medical reasons in the presence of supporting medical documents, which must indicate the name and quantity of such drugs and substances, as well as precursors for personal use (for non-commercial purposes) in the amounts determined by the legislation of the Parties. Supporting medical documents or their certified copies are drawn up in the language of the Party to whose territory the transfer or transportation (internal transit) of the specified medicines is carried out, or their notarized translation into the language of the specified Party is attached. To provide first aid or in emergency cases, without the permits provided for in this article, with the application of control measures determined by the legislation of the state of registration of the relevant vehicles, in limited quantities determined by the legislation of the Parties, it is allowed to carry in first aid kits: narcotic drugs, psychotropic substances and their precursors on sea (river) vessels and international aircrafts; psychotropic substances and precursors in international rail and road transport.
Article 4
The procedure for issuing permits by the competent authorities for the import and export of narcotic drugs, psychotropic substances and their precursors is determined by the legislation of the Party in whose territory the legal entity carrying out the transfer is registered. Permits for the export of narcotic drugs, psychotropic substances and their precursors are issued in the presence of import permits issued by the competent authorities of the Party into whose territory narcotic drugs, psychotropic substances and their precursors are imported, if the issuance of such permits is provided for by the legislation of the importing Party.
Article 5
Transportation (internal transit) of narcotic drugs, psychotropic substances and their precursors is carried out by legal entities in the presence of a set of shipping documents, permits provided for in Article 3 of this Agreement, issued by the competent authorities of the Parties, or notarized copies of these permits. If the issuance of the specified permits for specific transported narcotic drugs, psychotropic substances and their precursors is not provided for by the legislation of the Exporting Party, the legal entity planning to carry out such transportation (internal transit) is obliged to send a written notification to its competent authority no later than 45 working days before the date of its commencement, containing the following information: name and location and (or) legal address; name and quantity of narcotic drugs, psychotropic substances and their precursors transported; the type of transport to be transported (internal transit); the estimated date and place of crossing the state borders of the Parties; the name of the Party through whose territory the transportation (internal transit) of narcotic drugs, psychotropic substances and their precursors will be carried out; the name and location and (or) the legal address of the legal entity to which the transportation (internal transit) of narcotic drugs, psychotropic substances and their precursors is carried out. A legal entity shall send to the competent authority of its State the notification provided for in the second paragraph of this article by registered mail with a delivery notification or transmit such notification in another way that allows to confirm the fact of its receipt. The legal entity must have a notarized copy of the notification provided for in the second paragraph of this article, complete with shipping documents. The competent authority of the Party from whose territory the transportation (internal transit) of narcotic drugs, psychotropic substances and their precursors will be carried out, within 5 working days from the date of receipt of the notification provided for in the second paragraph of this Article or the issuance of a permit document provided for in Article 3 of this Agreement, shall send a copy thereof to the competent authority of the Party through the territory of which such transportation will be carried out (internal transit).
Article 6
Article 7
If the permits or notices are drawn up in a language other than the language of the Party to whose territory the transfer is carried out or through whose territory the transportation (internal transit) is carried out, then the legal entity must attach to such documents or their certified copies their notarized translation into the language of the specified Party.
Article 8
A legal entity that has carried out the movement or transportation (internal transit) of narcotic drugs, psychotropic substances and their precursors, no later than 10 working days from the expiration date of the authorization document provided for in Article 3 of this Agreement, shall send to the competent authority that issued it the following information: number and date of issue of the authorization document; name and actual the number of imported (exported) narcotic drugs, psychotropic substances and their precursors; the type of transport used for their movement or transportation (internal transit); the date and place of crossing the state borders of the Parties; the name of the legal entity to which the movement or transportation (internal transit) of narcotic drugs, psychotropic substances and their precursors was carried out, and its legal address. A legal entity that has carried out transportation (internal transit) of narcotic drugs, psychotropic substances and their precursors, if there is a copy of the notification provided for in the second paragraph of Article 5 of this Agreement, no later than January 1 of the year following the year in which such transportation was carried out, shall send to its competent authority the following information: number and date of notification; name and the actual quantity of narcotic drugs, psychotropic substances and their precursors imported (exported); the type of transport used for their transportation (internal transit); the date and place of crossing the state borders of the Parties; the name of the legal entity to which the transportation (internal transit) of narcotic drugs, psychotropic substances and their precursors was carried out, and its legal address. The competent authorities, within 5 working days from the date of receipt of the information provided for in this Article, shall send them to the competent authorities of those Parties into whose territory narcotic drugs, psychotropic substances and their precursors were transported, as well as to the competent authority of the Party through whose territory the transportation (internal transit) was carried out. The competent authorities, within 10 working days from the date of registration (cancellation) of import (export) permits, send copies of them or copies of documents confirming the registration (cancellation) of these permits to the competent authorities of those Parties to (from) the territory where narcotic drugs, psychotropic substances and their precursors are being transported, as well as to the competent authority of the Party through whose territory the transportation (internal transit) is carried out.
Article 9
Within 30 calendar days from the date of entry into force of this Agreement, each Party shall inform the other Parties and the Eurasian Economic Commission of the competent authority responsible for exchanging information and receiving notifications from legal entities provided for in this Agreement. Within 45 calendar days from the date of entry into force of this Agreement, the competent authorities shall send to the Eurasian Economic Commission for posting on its official website: national lists of narcotic drugs, psychotropic substances and their precursors; the names and volumes of precursors allowed to be moved by individuals for personal use (for non-commercial purposes), as determined by the legislation of the Party. When making changes to the specified national lists, the competent authorities, within 20 calendar days from the date of making the changes, send the relevant information to the Eurasian Economic Commission. The Eurasian Economic Commission shall update the specified national lists of the Parties within 5 working days based on the information provided by the competent authorities.
Article 10
Disputes between the Parties related to the interpretation and/or application of this Agreement are resolved through negotiations. If the dispute is not settled by the Parties within six months from the date of receipt of an official written request for negotiations sent by one of the Parties to the other Party, either party to the dispute submits the dispute to the Court of the Eurasian Economic Community for consideration.
Article 11
By agreement of the Parties, amendments may be made to this Agreement, which are formalized in separate protocols.
Article 12
This Agreement shall enter into force upon the expiration of 10 calendar days from the date of receipt by the depositary of the last written notification through diplomatic channels on the completion by the Parties of the internal procedures necessary for the entry into force of this Agreement.
Committed in the city ____________ "__" ____ year in one original copy in Russian.
President
Republic of Kazakhstan
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