On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Turkey on the organization of Information Exchange and Simplification of Customs Control Procedures

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On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Turkey on the organization of Information Exchange and Simplification of Customs Control Procedures

The Law of the Republic of Kazakhstan dated September 22, 2023 No. 26-VIII SAM

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Turkey on the organization of information exchange and Simplification of Customs control procedures, concluded in Ankara on May 10, 2022.

President of the Republic of Kazakhstan

K. TOKAEV

Unofficial translation

AGREEMENT between the Government of the Republic of Kazakhstan and the Government of the Republic of Turkey on the organization of information exchange and simplification of customs control procedures

Officially certified text

Project

The Government of the Republic of Kazakhstan and the Government of the Republic of Turkey, hereinafter referred to as the Parties,

Taking into account the provisions of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Turkey on Cooperation and Mutual Administrative Assistance in Customs Matters dated May 22, 2003, striving to increase the level of cooperation in order to protect the economic and public interests of the Parties,

Recognizing the need to improve the effectiveness of customs control of goods and vehicles transported between the territories of the States of the Parties,

in order to shorten the time and create conditions for simplifying customs control of goods and vehicles transported between the territories of the States of the Parties,

in order to ensure the development of information exchange and simplification of customs control procedures and their security,

have agreed on the following:

Article 1

The Parties authorize the customs authorities of the Parties to implement this Agreement.:

in the Republic of Kazakhstan - Ministry of Finance of the Republic of Kazakhstan;

In the Republic of Turkey, it is the Ministry of Trade of the Republic of Turkey.

In case of changes in the authorized bodies, the Parties notify each other of such changes through diplomatic channels.

Article 2

The exchange of information and simplification of customs control procedures (hereinafter referred to as the OIUPTC) is based on the exchange of information on goods and vehicles transported between the territories of the States of the Parties in accordance with the technical conditions for the exchange of information.

Article 3

1. The composition of the transmitted information is formed in accordance with the annex to this Agreement, which is an integral part of it.

2. The exchange of information on goods of persons engaged in foreign economic activity (participants in foreign economic activity), to which the OIUPTC is applied, is carried out online.

3. The Customs authorities of the Parties shall, within 6 (six) months after the entry into force of this Agreement, develop technical conditions for the exchange of information for the implementation of the IUPTC and will begin implementing a pilot project.

4. OIPTCS are a common practice used for all types of transport and all types of goods.

5. After the completion of the pilot project, the customs authorities of the Parties begin exchanging information on a regular basis.

6. OIUPTC are applied to Kazakh and Turkish persons engaged in foreign economic activity (participants in foreign economic activity) with their consent.

7. The Customs authorities of the Parties shall avoid contradictions with respect to this Agreement, which may prejudice the voluntary nature of this Agreement in relation to persons engaged in foreign economic activity (participants in foreign economic activity) who do not participate in the IPCC.

8. The IPCC is transparent, predictable and non-discriminatory. The practice of implementing OIUPTC does not entail the emergence of unfair competition.

Article 4

Persons engaged in foreign economic activity (participants in foreign economic activity), in respect of which the IPCC is applied, receive, in accordance with the national legislation of the States of the Parties, the following advantages, based on a risk management system in cases where this is possible:

a) priority order of border crossing at checkpoints;

b) simplification of customs formalities in order to reduce the time of customs control;

c) exemption from customs inspection at checkpoints, except in cases where there are signs of violations in the field of customs and smuggling.

Article 5

1. The Customs authorities of the Parties shall guarantee the use of information and documents obtained under this Agreement for customs operations, customs clearance and customs control of goods and vehicles, including those provided for in Article 4 of this Agreement, transported between the territories of the States of the Parties.

2. Information and documents received by the customs authorities of the Parties are used exclusively for customs purposes and may not be transferred to third parties without the prior written permission of the customs authority of the Party that provided the information.

3. In case of termination of this Agreement, paragraph 2 of this Article remains in force.

Article 6

When organizing the electronic exchange of information on goods and vehicles transported between States, the customs authorities of the Parties should be guided by the norms, standards and recommendations of the United Nations, the World Customs Organization, the national laws of the States of the Parties, and take into account international best practices in information exchange.

Article 7

In case of violation of the provisions of this Agreement, the customs authorities of the Parties must take all necessary measures in accordance with the national laws of their states and inform each other about such violations, as well as about differences and (or) falsification of data obtained during the exchange of information on goods and vehicles transported between the territories of the States of the Parties.

Article 8

The customs authorities of the Parties shall determine the list of competent customs officials authorized to carry out direct contacts in order to:

a) development and coordination of technical conditions for the exchange of information and technologies for data processing and transmission, as well as information security requirements in relation to IPCC;

b) settlement of technical problems that have arisen during the application of this Agreement.

Article 9

After the entry into force of this Agreement, the customs authorities of the Parties will coordinate and approve:

a) technical conditions for information exchange;

b) the list, structure, language and format of the transmitted data;

c) information security requirements;

d) the procedure for organizing interaction between the customs authorities of the Parties within the framework of the OIPTC procedure.

Article 10

The provisions of this Agreement do not affect the rights and obligations of the Parties arising from other international treaties to which their States are parties.

Article 11

1. Disputes arising in the interpretation and implementation of the provisions of this Agreement shall be resolved through consultations and negotiations between the customs authorities of the Parties. Issues not settled in this way are resolved through diplomatic channels.

2. Consultations of the customs authorities of the Parties in accordance with paragraph 1 of this Article will be held within 20 (twenty) calendar days after receipt of the written request, unless another deadline has been agreed by the customs authorities of the Parties.

Article 12

1. By mutual written consent of the Parties, amendments and additions may be made to this Agreement, which are formalized in separate protocols and are an integral part of this Agreement.

2. Amendments and additions shall enter into force in accordance with the procedure provided for in Article 13 of this Agreement.

Article 13

1. This Agreement shall enter into force 30 (thirty) calendar days after the date of receipt of the last written notification through diplomatic channels by which the Parties notify each other of the completion by the Parties of the internal procedures necessary for the entry into force of this Agreement.

2. This Agreement is concluded for an indefinite period. Either Party may terminate this Agreement by sending a written notification of its intention to the other Party through diplomatic channels. In this case, this Agreement shall terminate upon the expiration of 3 (three) months from the date of receipt of such notification. Termination of this Agreement does not affect previously initiated transit operations and other ongoing procedures.

Done in Ankara on May 10, 2022, in two copies, each in Kazakh, Turkish, and English, all texts being equally authentic.

In case of a discrepancy between the texts, the Parties refer to the English text.

For the Government

Republic of Kazakhstan

For the Government

The Republic of Turkey

Annex to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Turkey on the organization of information Exchange and Simplification of Customs control Procedures

The composition of the transmitted information

1) Direction - export

2) Customs procedure

3) The code of the customs authority

4) The name of the sender/exporter

5) Tax/Business identification number of the sender/exporter

6) Total products

7) Total seats

8) Registration number of the declaration

9) Release date

10) Recipient's name

11) Recipient's Tax/Business identification number

12) Name of the declarant

13) Tax/Business identification number of the declarant

14) The number of the vehicle at departure

15) The number of the vehicle at the border

16) The type of vehicle when moving the customs border

17) The Customs office of the country of departure

18) The Customs office of the destination country (if available)

19) Country of origin

20) Delivery condition (delivery basis and geographical location name)

21) Contract number and date

22) Invoice number and date

23) The currency of the contract

24) The exchange rate of the contract

25) The total amount on the account

26) Product description

27) The product number in the declaration

28) The product code in accordance with the Commodity Nomenclature of foreign economic activity (10 characters)

29) Gross weight, kg

30) Net weight, kg

31) Additional unit of measurement

32) The quantity of the product in the additional unit of measurement

33) The invoice value of the product

34) The statistical value of the product

35) The customs value of the goods

I confirm that the text of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Turkey on the organization of information exchange and simplification of customs control procedures in Russian corresponds to the authentic text in Kazakh.

Vice Minister of Finance of the Republic of Kazakhstan

E. E. Birzhanov ____________

2023 "___" _________

President

Republic of Kazakhstan

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