On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on joint customs control in the movement of energy resources across the Kazakh-Uzbek customs border by pipeline and power transmission lines
The Law of the Republic of Kazakhstan dated October 19, 2023 No. 35-VIII SAM.
To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on joint customs control over the movement of energy resources across the Kazakh-Uzbek customs border by pipeline and power transmission lines, concluded in Nur-Sultan on December 6, 2021.
President of the Republic of Kazakhstan
K. TOKAEV
AGREEMENT between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on joint customs control during the movement of energy resources across the Kazakh-Uzbek customs border by pipeline and power transmission lines
The Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan, hereinafter referred to as the "Parties",
Based on the provisions of the Agreement between the Government of the Republic of Kazakhstan, the Government of the Kyrgyz Republic, the Government of the Republic of Tajikistan and the Government of the Republic of Uzbekistan on Parallel Operation of the Energy Systems of the Central Asian States dated June 17, 1999, the Agreement between the Governments of the member States of the Shanghai Cooperation Organization on Cooperation and Mutual Assistance in Customs Matters dated November 2, 2007;
Guided by the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on Cooperation in Customs Matters dated October 31, 1998;
Desiring to develop good-neighborly relations and believing that cooperation between the Parties will create favorable conditions for improving the effectiveness of control over energy resources transported across the Kazakh-Uzbek customs border by pipeline and power transmission lines;
Recognizing the need for joint customs control when moving energy resources across the Kazakh-Uzbek customs border by pipeline and power transmission lines;
have agreed on the following:
Article 1
For the purposes of this Agreement, the terms used mean:
"customs authorities of the States of the Parties":
for the Republic of Kazakhstan - State Revenue Committee of the Ministry of Finance;
for the Republic of Uzbekistan - the State Customs Committee;
"Kazakh-Uzbek customs border" is a section of the customs border between the Republic of Kazakhstan and the Republic of Uzbekistan;
"authorized employees" - employees/employees of the customs authorities of the Parties and their territorial divisions;
Energoresursy - natural gas and electric energy;
"reporting month" is a calendar month in which energy resources are moved through power transmission lines and pipelines.;
"authorized representatives of departments" are employees of the departments of the Parties involved in the movement of energy resources by pipeline and through power transmission lines.
The Parties shall immediately notify each other in writing through diplomatic channels in the event of a change in the competent authorities, their names or functions, or the appointment of additional competent authorities.
Article 2
Based on the necessity and economic feasibility of providing favorable conditions for the movement of energy resources across the Kazakh-Uzbek customs border by pipeline and power transmission lines, the Parties undertake to create favorable conditions for the development of further cooperation.
Article 3
The Parties have approved a list of locations for energy metering devices transported across the Kazakh-Uzbek customs border by pipeline and power transmission lines, in accordance with Annex 1 to this Agreement, which is an integral part of it.
Article 4
The exchange of information on energy resources moved across the Kazakh-Uzbek customs border is carried out in accordance with the Technical Condition for the exchange of information in the field of control over the movement of energy resources between the Ministry of Finance of the Republic of Kazakhstan and the State Customs Committee of the Republic of Uzbekistan dated December 14, 2014.
Article 5
Within one month after the entry into force of this Agreement, the customs authorities of the Parties shall transmit to each other copies of the applicable regulatory legal acts on customs declaration and customs control of energy resources and thereafter, at least once a year, inform each other of all changes in the national legislation of the States of the Parties in the field of customs, in terms of customs declaration and customs control of energy resources.
Article 6
1. The Customs authorities of the Parties shall exchange information:
about his experience in customs matters
declaration and customs control of energy resources;
on ways of detecting and suppressing violations of the national legislation of the States of the Parties in the field of customs affairs during the movement of energy resources;
on the revealed facts of violations of the national legislation of the States of the Parties in the field of customs affairs during the movement of energy resources, if this information is of interest to the customs authorities of the Parties;
on other issues of interest to the customs authorities of the Parties, if this does not contradict the national legislation of the States of the Parties.
2. The customs authorities of the Parties shall assist each other in matters of customs declaration and customs control of energy resources, including training and improving the skills of employees/employees of the customs authorities of the Parties in matters of customs declaration and customs control of energy resources.
Article 7
To carry out joint customs control, one Party provides authorized employees/employees of the customs authority of the other Party with access to metering devices for energy resources transported across the Kazakh-Uzbek customs border by pipeline and power transmission lines.
The procedure for access to metering devices for energy resources transported across the Kazakh-Uzbek customs border by pipeline and power transmission lines will be jointly determined by the customs authorities of the Parties.
Article 8
Within fifteen calendar days from the date of signing this Agreement, the Parties will exchange lists of authorized employees/employees to carry out activities defined in Articles 7 and 9 of this Agreement, and in the future will inform each other of all changes in these lists no later than ten working days from the date of such changes.
Article 9
1. Authorized employees/employees of the customs authorities of the Parties, together with representatives of the departments of the Party on whose balance sheet the energy metering units (devices) are located, for the purpose of customs control, monthly, no later than the 10th day of the month following the reporting month, take joint measures to take readings from metering devices for energy resources transported along power transmission lines and pipeline transport, located on the territories of the States of the Parties in accordance with the procedure established by this Article.
2. The customs authority of the Party initiating joint measures specified in paragraph 1 of this Article, ten working days before the date of the planned taking of readings from metering devices for energy resources transported via power transmission lines and pipeline transport, shall send a corresponding written notification to the customs authority of the other Party in whose territory such metering devices are located. removal of the specified readings. The content of such notification shall contain information about authorized employees/employees of the customs authority of the Party who will take readings from metering devices.
3. The customs authority of the Party in whose territory there are metering devices for energy resources transported via power transmission lines and pipeline transport, no later than five working days from the date of receipt of the notification, shall confirm in writing to the customs authority of the notifying Party that it is ready to provide access to metering devices.
4. Upon arrival at the metering devices, authorized customs officials/employees, together with representatives of the departments of the Party on whose balance sheet the energy metering units (devices) are located:
1) check the integrity of the imposed customs means of identification on the metering devices;
2) remove the customs means of identification;
3) take meter readings;
4) based on the results of taking readings, in order to prevent unauthorized access and modification of information in metering devices, new customs means of identification are imposed.;
5) draw up, sign and seal acts on taking readings from metering devices, on removing, and re-imposing customs means of identification on said metering devices in accordance with Annex 2 to this Agreement, which is an integral part of it, in four copies.:
1 copy is for an authorized employee/employee of the customs authorities of the Republic of Kazakhstan.;
1 copy is for an authorized employee/employee of the customs authorities of the Republic of Uzbekistan.;
1 copy is for an authorized representative of the Department of the Republic of Kazakhstan.;
1 copy is for the authorized representative of the Department of the Republic of Uzbekistan.
Article 10
Information, documents and other information received by the customs authorities of the Parties under this Agreement are used exclusively for the purposes defined by this Agreement in accordance with the national legislation of the States of the Parties and they are provided in the receiving State with the same degree of protection from publicity as similar information, documents or information of this State obtained on its own territories.
The use of information, documents and other information obtained by the customs authorities of the Parties under this Agreement for other purposes is carried out only with the written consent of the customs authority of the Party that provided them, and subject to any restrictions established by this customs authority.
Article 11
The Parties shall independently bear the costs that will arise in the course of their implementation of this Agreement, within the limits of the funds provided for by the national legislation of the States of the Parties, unless a different procedure is agreed in each specific case.,
Article 12
By agreement of the Parties, amendments and additions may be made to this Agreement, which are formalized in separate protocols that are integral parts of this Agreement.
Article 13
Disputes and disagreements regarding the clarification and application of the provisions of this Agreement are resolved through negotiations and consultations.
Article 14
This Agreement does not affect the rights and obligations of each of the Parties arising from other international treaties to which their States are parties.
Article 15
This Agreement shall enter into force on the date of receipt of the last written notification through diplomatic channels that the Parties have completed the internal procedures necessary for its entry into force.
This Agreement is concluded for a period of 5 (five) years and is automatically extended for subsequent five-year periods.
Each of the Parties may at any time send a written notification to the other Party through diplomatic channels of its intention to terminate this Agreement. In this case, this Agreement will terminate 6 (six) months after one of the Parties receives a corresponding written notification from the other Party.,
Done in the city of Nur-Sultan on December ____, 2021, in two original copies, each in the Kazakh, Uzbek and Russian languages, all texts having the same legal force.
In case of discrepancies between the texts of this Agreement, the Parties will be guided by the text in Russian.
For the Government
Republic of Kazakhstan
For the Government
Republic of Uzbekistan
Appendix 1 to the Agreement between By the Government of the Republic of Kazakhstan and By the Government of the Republic of Uzbekistan on joint customs control during the movement of energy resources across the Kazakh-Uzbek customs border by pipeline and power transmission lines
LIST of installation locations for energy metering devices transported across the Kazakh-Uzbek customs border by pipeline and power transmission lines
Electric energy metering devices
No. p / p
Name of the interstate overhead line
Voltage, kV
Places of installation of electricity meters in Uzbekistan
Balance sheet affiliation of the PS
Places of installation of electricity meters in Kazakhstan
Balance sheet affiliation of the PS
1
2
3
4
5
6
7
1
Overhead line "Tashtpp - Shymkent 500"
500
Tashtpp substation
Uzbekistan
Shymkent 500 substation
Kazakhstan
2
Overhead line "Tashtpp-Shymkent 220"
220
Tashtpp substation
Uzbekistan
Shymkent 220 substation
Kazakhstan
3
Overhead line "TASHTPP-Shymkent 220"
220
Tashtpp substation
Uzbekistan
Shymkent 220 substation OV-220
Kazakhstan
4
Overhead line "Tashtes Zhylga"
220
Tashtpp substation
Uzbekistan
PS "Zhylga"
Kazakhstan
5
OV overhead line "Zhylga-Tashtes"
220
Tashtpp substation
Uzbekistan
PS "Zhylga"
Kazakhstan
6
Feruz-Maktaaral overhead line
110
Maktaaral substation
Kazakhstan
Feruz station
Uzbekistan
Natural gas metering devices
No. p / p
Name of the natural gas metering
Installation locations
Name of the gas pipeline
1
CS-7,680 km
Republic of Uzbekistan
Bukhara - Ural
2
Memory "287 km"
Republic of Uzbekistan
Gazli-Shymkent
3
Memory "368 km"
Republic of Uzbekistan
Tashkent - Bishkek - Almaty
4
GIS "Baymurat"
Republic of Uzbekistan
Turkmenistan-Uzbekistan-Kazakhstan-China
5
UZRG UKMS
Republic of Uzbekistan
Turkmenistan-Uzbekistan-Kazakhstan-China
6
GIS "Beineu"
Republic of Kazakhstan
Central Asia - Center Main gas pipeline
7
Memory "526 km"
Republic of Uzbekistan
GRS Tashkent - MG Bukharsky gas-bearing district-Tashkent-Bishkek-Almaty
Appendix 2 to the Agreement between By the Government of the Republic of Kazakhstan and By the Government of the Republic of Uzbekistan on joint customs control during the movement of energy resources across the Kazakh-Uzbek customs border by pipeline and power transmission lines
THE ACT of "____" _________20__ year on the imposition and withdrawal of Customs means of identification
We, the undersigned, _________________________________________
We have drawn up this act stating that the imposition (withdrawal) of customs means of identification has been carried out.
Name of the measuring instrument
Device type and accuracy class
Instrument readings at the time of sealing
The impression of the removed seal of the customs authority
The reading of the device at the time of removing the seal
Seal impression of the customs authority
Number of seals of the customs authority (removed/applied)
Factory number of the metering device
1
2
3
4
5
6
7
8
Representative of the metering unit (device) _______________________________________________________________________ ( signature, full name, if any, position) Authorized employees of the Customs authority of the Republic of Kazakhstan _______________________________________________________________________ ( signature, full name, if any, position, seal, office phone number) Authorized employees (employees) of the customs authorities and representatives of the departments of the Party, which has energy metering units (devices) on its balance sheet _______________________________________________________________________ ( signature, full name, if any, position, seal, office phone number)
THE ACT of "____" _________20__ about taking readings from the meter for _______month of 20__year
Name of the measuring instrument
Meter readings at the beginning of the month
Meter readings at the end of the billing period
Volume of goods transported (gas thousand m3, electric energy-kWh)
Factory number of the metering device
1
2
3
4
5
Representative of the metering unit (device)
_______________________________________________________________________
(signature, full name, if any, position)
Authorized employees of the Customs authority of the Republic of Kazakhstan
_______________________________________________________________________
(signature, full name, if any, position, seal, office phone number)
Authorized employees (employees) of customs authorities and representatives of departments of the Party on whose balance sheet energy metering units (devices) are located
_______________________________________________________________________
(signature, full name, if any, position, seal, office phone number)
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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