On the ratification of the Agreement between the Republic of Kazakhstan and the Russian Federation on the Unity of Management of Customs Services

DECREE of the President of the Republic of Kazakhstan dated September 15, 1995 No. 2459

I decree:     1. To ratify the Agreement between the Republic of Kazakhstan and the Russian Federation on the unity of management of Customs services, signed in Moscow on May 16, 1995.     2. This Decree shall enter into force from the date of publication.

    President of the Republic of Kazakhstan

                                 agreement                    

between the Republic of Kazakhstan and the Russian Federation        

By the Russian Federation on the unity of management of Customs services*      

(collection of International treaties ratified by the Republic              Kazakhstan, in the field of customs legislation, ed."Zhety-Jargy", 1998, p.180)      

The Republic of Kazakhstan and the Russian Federation, hereinafter referred to as the Parties, based on the Agreement on the Customs Union of January 20, 1995, wishing to ensure the unity of management of the customs services of the Republic of Kazakhstan and the Russian Federation, have agreed as follows:      

Article 1 For the purposes of this Agreement, the above terms mean: "Customs Service of the Republic of Kazakhstan" - the Customs Committee under the Cabinet of Ministers of the Republic of Kazakhstan; "customs Service of the Russian Federation" - the State Customs Committee of the Russian Federation; "Representative Office of the Customs Service of the Republic of Kazakhstan at the Customs Service of the Russian Federation" - organizational structures and employees of the Customs service of the Republic of Kazakhstan, ensuring the unity of management of the Customs service of the Republic of Kazakhstan with the Customs service of the Russian Federation;      "Representative office of the Customs Service of the Russian Federation at the Customs Service of the Republic of Kazakhstan" - organizational structures and employees of the customs service of the Russian Federation, ensuring the unity of the management of the customs service of the Republic of Kazakhstan with the customs service of the Russian Federation; "family members of employees of Representative Offices" - spouses, children, as well as permanently residing with employees of Representative Offices and their dependent relatives.      

Article 2 In order to ensure the unity of management of their customs services: 1. The Parties establish a Representative Office of the Customs Service of the Republic of Kazakhstan at the Customs service of the Russian Federation, the functioning of which is determined by the customs services of the Parties in separate protocols under this Agreement; The representative of the Customs Service of the Republic of Kazakhstan is ex officio Deputy head of the Customs Service of the Republic of Kazakhstan and a member of the Board of the Customs Service of the Russian Federation Federation; 2. The Parties approve the Representative Office of the Customs Service of the Russian Federation at the Customs Service of the Republic of Kazakhstan; The Representative office is headed by a Representative of the Customs Service of the Russian Federation at the Customs Service of the Republic of Kazakhstan, who is ex officio Deputy Head of the Customs Service of the Russian Federation, a member of the Board of the Customs Service of the Republic of Kazakhstan and has the status of First Deputy Head of the Customs Service of the Republic of Kazakhstan; 3. Decisions of the customs services of the Parties related to the regulation of legal relations in the field of customs affairs are made on the basis of delegation of the relevant powers to one of the Parties and are announced for execution in the customs services by the relevant decisions of their superiors.      

Article 3 The representative office of the Customs Service of the Russian Federation performs the following main functions: ensuring, within the limits of its powers, the implementation of this Agreement; coordinating decisions of the Customs service of the Republic of Kazakhstan, including decisions related to the development of customs infrastructure, and operational decisions to improve the effectiveness of customs control; organizing information exchange on customs matters; organizing interaction between the customs services of the Parties, in particular including joint customs control;      development of proposals for the unification of legislation and regulatory framework in the field of customs affairs of the Republic of Kazakhstan with the relevant legislation and regulatory framework of the Russian Federation; identification of current and future needs for attracting Representative Office staff to work in the customs service of the Republic of Kazakhstan in accordance with the procedure established by the customs services of the Parties; coordination of sending employees of the customs service of the Republic of Kazakhstan to educational institutions of the customs service of the Russian Federation Federations;      coordination of the issues of material and technical equipment of the Customs service of the Republic of Kazakhstan.

    Article 4

       The composition, number and structure of Representative Offices are determined by the customs services of the Parties by mutual agreement.      

Article 5 Representative of the Customs Service of the Republic of Kazakhstan at the Customs Service of the Russian Federation: appointed by order of the Head of the Customs Service of the Republic of Kazakhstan in coordination with the Head of the Customs Service of the Russian Federation; exercises the rights of the head of the regional customs administration of the Republic of Kazakhstan in relation to the staff of the Representative Office and is the administrator of the corresponding loans.      Representative of the customs service in the Russian Federation at the Customs Service of the Republic of Kazakhstan: appointed by order of the Head of the Customs Service of the Russian Federation in coordination with the Head of the Customs Service of the Republic of Kazakhstan; exercises the rights of the head of the regional customs administration of the Russian Federation in relation to the staff of the Representative Office and is the distributor of the corresponding credits.      

Article 6 1. Employees of the Representative Office of the Customs Service of the Republic of Kazakhstan and their family members are fully subject to the laws and regulations of the Republic of Kazakhstan defining the status of employees of the Customs Service of the Republic of Kazakhstan; they retain the benefits and advantages established for employees of the Customs Service of the Republic of Kazakhstan and their family members.      The employees of the Representative Office wear the uniform prescribed for officials of the customs authorities of the Republic of Kazakhstan, have the right to keep and carry firearms in accordance with the procedure established for officials of the customs service of the Russian Federation.      2. Employees of the Representative Office of the Customs Service of the Russian Federation and their family members are fully subject to the laws and regulations of the Russian Federation that determine the status of employees of the Customs service of the Russian Federation.; They retain the privileges and benefits established for employees of the Customs service of the Russian Federation and their family members.      The employees of the Representative Office wear the uniform prescribed for officials of the customs authorities of the Russian Federation and have the right to keep and carry firearms in accordance with the procedure established for officials of the Customs service of the Republic of Kazakhstan.      

Article 7 The staff of the Representative Offices and their family members shall comply with the Constitution and legislation of the host country.      The employees of the Representative Office and their family members are guaranteed safety, legal and social protection.      

Article 8 Employees of Representative offices are not involved in performing public works, except for the elimination of consequences of natural disasters and catastrophes.

    Article 9

       The official correspondence and mail of the Representative Office are inviolable. The representative office is a legal entity, has its own seal and a bank account.      

Article 10 The Parties undertake obligations on mutual provision of Representative Offices with office premises and office housing, other buildings and structures, bases, land plots, means of transport and communications, as well as social and living provision for their employees.      

Article 11 Representative offices are exempt from fees for land, use of air and water space, airfields, river ports, railway access roads, as well as for services related to aircraft and helicopter flights, navigation services, and all types of taxes and other payments to be paid to budgets of all levels.

    Article 12

       Medical care for employees of Representative Offices and their family members in medical institutions is provided free of charge.      

Article 13 The Parties shall provide pensions to employees of Representative Offices who have chosen the Republic of Kazakhstan or the Russian Federation as their permanent place of residence, respectively, in accordance with the legislation of the Party of which they are citizens.      Medical and sanatorium-resort services, as well as the payment of compensations, allowances and benefits to pensioners from among the employees of Representative Offices who have chosen the territory of the Republic of Kazakhstan or the Russian Federation as their place of residence, are carried out in accordance with the legislation of the Party chosen for permanent residence.      

Article 14 The staff of the Representative Office and their family members are provided with unhindered entry into and exit from the territories of the Parties with the right to duty-free movement of all property belonging to them.      

Article 15      In cases of crimes committed by employees of Representative Offices or members of their families located in the territories of the Parties, the criminal and criminal procedure legislation of the host country is applied.      The competent authorities of the Republic of Kazakhstan and the Russian Federation may request each other to transfer or accept jurisdiction over certain cases provided for in this article. Such requests may be viewed favorably.      

Article 16 Aircraft of the customs services of the Parties shall carry out flights (overflights) in the airspace of the Republic of Kazakhstan and the Russian Federation in accordance with the national legislation and established rules of the Parties.      

Article 17 The Parties recognize as valid the documents certifying the identity of the customs officers of the Parties, their education, specialty, the right to drive vehicles.      The Parties recognize the validity and mutual correspondence of the special knowledge of the employees of the Customs service of the Republic of Kazakhstan and the Russian Federation, including those assigned by officials of the other Party prior to the signing of this Agreement.        

Article 18       All expenses related to the maintenance of the Representative Office of the Customs Service of the Republic of Kazakhstan provided for in Articles 6, 10, 13 and 14 of this Agreement are carried out at the expense of the budget of the Republic of Kazakhstan.      

All expenses related to the maintenance of the Representative Office of the Customs Service of the Russian Federation provided for in Articles 6, 10, 13 and 14 of this Agreement shall be carried out at the expense of the budget of the Russian Federation.      

The procedure for financing Representative Offices is established by the customs services of the Parties in separate protocols.      

Article 19 The Customs services of the Parties shall carry out operational search activities in the common interests of the Republic of Kazakhstan and the Russian Federation in accordance with the national legislation of the Parties.

Article 20

       The Customs services of the Parties shall issue the documents necessary for the implementation of this Agreement.

    Article 21

    This Agreement shall enter into force on the date of the last notification that the Parties have completed the internal procedures necessary for its entry into force.

    This Agreement is temporarily applied from the date of its signing.

    This Agreement will be valid until the expiration of six months from the date when one of the Parties sends a written notification to the other Party of its intention to terminate it.

    Done in Moscow on May 16, 1995, in two copies, each in the Kazakh and Russian languages, both texts being equally authentic.

                                                              (Signatures)

President    

Republic of Kazakhstan     

 Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases