On the Ratification of the Agreement between the Governments of the Member States of the Shanghai Cooperation Organization on Cooperation and Mutual Assistance in Customs Matters

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Law of the Republic of Kazakhstan dated January 5, 2009 No. 119-IV

To ratify the Agreement between the Governments of the Shanghai Cooperation Organization member States on Cooperation and Mutual Assistance in Customs Matters, signed in Tashkent on November 2, 2007.

President of the Republic of Kazakhstan N. Nazarbayev

AGREEMENT between the Governments of the Member States of the Shanghai Cooperation Organization on Cooperation and Mutual Assistance in Customs Matters

(Entered into force on April 24, 2014 - Bulletin of International Treaties of the Republic of Kazakhstan 2014, No. 4, art. 33)

The Governments of the member States of the Shanghai Cooperation Organization, hereinafter referred to as the Parties, wishing to develop good-neighborly relations, including through cooperation in the field of customs affairs, striving through cooperation between customs services to promote the development of passenger and cargo traffic between the States of the Parties, bearing in mind that customs offenses harm the economic interests of the States of the Parties, convinced that, That compliance with customs legislation and the fight against customs offenses can be more successfully carried out with the cooperation of the customs services of the States of the Parties, wishing to support and encourage regional economic cooperation in various forms, promote the creation of favorable conditions for trade and investment in order to gradually implement the free movement of goods, capital, services and technologies in the States of the Parties, have agreed on the following:

Article 1

For the purposes of this Agreement, the terms used mean: "customs legislation" - a set of regulatory legal acts of the States of the Parties regulating the import, export, and movement of goods, the enforcement of which is entrusted directly to the customs service of the States of the Parties; "customs services" - the central customs authorities of the States of the Parties; "customs offenses" - any violations of the customs legislation of the states of the Parties; "person" - any natural or legal person; "narcotic drugs" - any substances of natural or synthetic origin included in schedules I and II of the Single Convention on Narcotic Drugs of 1961, as amended by the 1972 Protocol amending the Single Convention on Narcotic Drugs of 1961; "psychotropic substances" - any substances of natural or synthetic origin. origins included in Schedules I, II, III and IV Convention on Psychotropic Substances of 1971; "precursors of narcotic drugs and psychotropic substances (precursors)" - substances frequently used in the production, manufacture, and processing of narcotic drugs and psychotropic substances included in the List of Narcotic Drugs, Psychotropic Substances, and Their Precursors subject to control in accordance with the laws of the States of the Parties, including Convention for the Suppression of Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988; "requesting service" - the customs service sending a request for assistance in customs matters; "requested service" - the customs service that has received a request for assistance in customs matters; "customs payments" - all customs duties, taxes, customs duties and other payments levied by the customs authorities of the States of the Parties in accordance with the legislation of the States of the Parties; "controlled delivery" is a method in which it is allowed to export, transport or import into the territory of one or more States of the Parties illegal or suspicious shipments of narcotic drugs, psychotropic substances and their precursors, or substances replacing them, with the knowledge and under the supervision of their competent authorities in order to identify persons involved in the commission of crimes related to illicit trafficking in narcotic drugs, psychotropic substances and their precursors.

Article 2

1. On the basis of this Agreement, the customs services, within their competence and in compliance with the legislation of their States, shall cooperate in order to: a) ensure the correct calculation, payment and collection of customs duties, as well as the legality of the application of customs privileges; b) prevent, suppress and investigate customs offenses. 2. This Agreement does not affect the obligations of each of the Parties arising from other international treaties to which its State is a party.

Article 3

The customs services, within their competence: a) take the necessary measures to simplify customs clearance; b) recognize the customs means of identification (seals, seal impressions, stamps) and the forms of the customs documents used by each other, inform about changes in the samples of documentation, stamps and seals, and, if necessary, impose their own customs means of identification on the goods being transported c) take measures to mutually simplify the procedure and conditions for the transit movement of goods and vehicles through the territories of the States of the Parties.

Article 4

1. In order to intensify actions to curb illicit trafficking in narcotic drugs, psychotropic substances and their precursors, Customs services shall, without prior request and as soon as possible, provide each other with information on: a) persons known to be engaged in illicit trafficking in narcotic drugs, psychotropic substances and their precursors or suspected of doing so; b) vehicles, including containers, and mail items that are known to be used for illicit trafficking in narcotic drugs, psychotropic substances and their precursors or are suspected of such use. 2. The Customs services, without prior request, inform each other about the methods of illicit trafficking in narcotic drugs, psychotropic substances and their precursors, as well as about new methods of control over them. 3. Information and documents received by either Party in accordance with paragraphs 1 and 2 of this Article may be transferred to its law enforcement agencies involved in combating illicit trafficking in narcotic drugs, psychotropic substances and their precursors. 4. In accordance with the legislation of their States and by mutual agreement of the Parties, customs services use, if necessary, a method of controlled supply of narcotic drugs, psychotropic substances and their precursors.

Article 5

1. The Customs services shall inform each other as soon as possible, including without prior request, of information that is a priority for the requesting service on customs offences. 2. The customs services, on their own initiative or upon request, shall transmit as soon as possible all necessary information on impending or committed violations of the customs legislation of the state of one of the Parties when transporting: a) goods that may pose a threat to the environment or public health.; b) weapons, ammunition, explosives and toxic substances, explosive devices and nuclear materials; c) literature, audio and video materials of a terrorist and/or extremist orientation or having signs of inciting hostility and discord on an ethnic and/or interfaith basis; d) art objects representing significant historical, artistic, cultural or archaeological value value; e) goods subject to high customs duties or taxes in accordance with the legislation of the States of the Parties.; (e) Goods of particular importance and included in the lists of goods subject to non-tariff restrictions agreed upon between the Parties; (g) Goods for which there are grounds to believe that they are counterfeit; (h) Narcotic drugs, psychotropic substances and their precursors, as well as substances that pose a danger to the environment. environment and public health; and) endangered species of animals and plants, their parts and derivatives.

Article 6

The Customs services shall send to each other, within three months after the entry into force of this Agreement, copies of the applicable laws and other regulatory legal acts of their States on customs issues and thereafter promptly inform each other of all changes in the customs legislation of their States.

Article 7

1. The customs services: a) exchange their experience, information on new means and methods of committing offenses in the field of customs affairs and on other issues of mutual interest; b) inform each other about the use of technical aids by the customs services. 2. The Customs services shall assist each other in the field of customs affairs, including: a) the exchange of their staff in cases of mutual interest in order to familiarize themselves with the technical means used by the customs services; b) training and assistance in improving the special skills of its employees, as well as the exchange of experts on customs issues; c) the exchange of professional, scientific and technical information related to customs issues.

Article 8

1. The Customs services shall, whenever possible, assist each other in fulfilling requests in accordance with the laws of their respective States and within their competence. 2. The request may be refused if its fulfillment may harm the sovereignty, national security, economic interests, or contradict the legislation or international obligations of the requested State. If it is impossible or in case of refusal to execute the request, the requested service immediately notifies the requesting service in writing and informs about the reasons preventing the execution of the request. 3. If the customs service of one Party requests assistance that it itself would not be able to provide in the case of a similar request from the customs service of the other Party, it shall draw attention to this in its request. In this case, the requested service has the right to refuse to execute the request, which it informs the requesting service about.

Article 9

At the request of the customs service of the State of one Party, the customs service of the State of the other Party shall transmit, in accordance with the procedure provided for in Article 11 of this Agreement: a) written information confirming the accuracy of the information, official documents submitted for customs purposes and attached to the customs declaration; b) information confirming that goods and vehicles transported across the customs border of the States of the Parties are imported into and exported from the territory of the States of the Parties in accordance with the requirements of the customs legislation of the States of the Parties.

Article 10

1. Any information transmitted in any form in accordance with this Agreement is confidential. 2. Information, documents and other information received by the customs services in accordance with this Agreement shall be used only for the purposes specified in this Agreement and may be transferred or used for other purposes only with the written consent of the customs service that transferred them. Information, documents and other information obtained in accordance with the provisions of this Agreement, the receiving Party is provided with the same degree of protection from disclosure as information, documents and other information of a similar nature obtained on the territory of its State.

Article 11

1. The requesting service sends the request directly to the requested service. The request is sent in writing. The documents required for the execution of the request must be attached in originals or officially certified copies. In exceptional cases, an oral request may be accepted, and it must be immediately confirmed in writing. 2. The request must contain the following information: a) the name of the requesting service; b) the names, addresses and other information about the persons in respect of whom the request is being made; c) the subject and reason of the request; d) a brief description of the merits of the case and its legal qualification. 3. Requests are sent in the languages that are the working languages of the Shanghai Cooperation Organization, in accordance with the Charter of the Shanghai Cooperation Organization of June 7, 2002.

Article 12

Each Party shall independently bear the costs associated with the fulfillment of obligations under this Agreement, unless the Parties agree otherwise.

Article 13

Representatives of the customs services, as necessary, hold consultations to discuss issues related to the implementation of this Agreement.

Article 14

Amendments and additions may be made to this Agreement, which are formalized by separate protocols that are an integral part of this Agreement.

Article 15

In case of disputes and disagreements in connection with the interpretation or application of this Agreement, the Parties will resolve them through consultations and negotiations.

Article 16

1. This Agreement shall be concluded for an indefinite period and shall enter into force from the date of receipt by the depositary of the last written notification on the completion by each of the Signatories of the internal procedures necessary for its entry into force. 2. Each Party may withdraw from this Agreement by sending a written notification to the depositary at least 6 months before the withdrawal date. The Depositary shall notify the other Parties of such intention within 30 days from the date of receipt of such notification. 3. The depositary of this Agreement is the Secretariat of the Shanghai Cooperation Organization, which will send certified copies to the Parties within 30 days from the date of signing this Agreement.

Done in Tashkent on November 2, 2007, in one original copy in the Chinese and Russian languages, both texts being equally authentic.

For the Government of the Republic of Kazakhstan

For the Government of the People's Republic of China

For the Government of the Kyrgyz Republic

For the Government of the Russian Federation

For the Government of the Republic of Tajikistan

For the Government of the Republic of Uzbekistan

I hereby certify that the attached document is an authentic copy of the Agreement between the Governments of the member States of the Shanghai Cooperation Organization on Cooperation and Mutual Assistance in Customs Matters, signed on November 2, 2007 in Tashkent. The original copy of this Agreement is kept at the Secretariat of the Shanghai Cooperation Organization.

Expert of the 1st category (Lawyer) M. Asimov

I hereby certify that this text is a true copy of a certified copy of the Agreement between the Governments of the member States of the Shanghai Cooperation Organization on Cooperation and Mutual Assistance in Customs Matters, signed in Tashkent on November 2, 2007.

Head of the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan Zh. Bukhbantaev

RCPI's note: The following is the text of the Agreement in Chinese.

President

Republic of Kazakhstan

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