On the Ratification of the Agreement on Legal Assistance and Cooperation between the Customs Authorities of the Member States of the Customs Union in Criminal and Administrative Cases

Home / RLA / On the Ratification of the Agreement on Legal Assistance and Cooperation between the Customs Authorities of the Member States of the Customs Union in Criminal and Administrative Cases

The Law of the Republic of Kazakhstan dated December 14, 2011 No. 511-IV.

To ratify the Agreement on Legal Assistance and Cooperation between the Customs Authorities of the Member States of the Customs Union in Criminal and Administrative Cases, committed in Astana on July 5, 2010.

President

Republic of Kazakhstan

N. NAZARBAYEV

AGREEMENT on Legal Assistance and Cooperation between the Customs Authorities of the Member States of the Customs Union in Criminal and Administrative Matters (Entered into force on June 3, 2011 - Bulletin of International Treaties 2012, No. 4, art. 52)

The member States of the Customs Union within the framework of the Eurasian Economic Community, hereinafter referred to as the Parties,

based on the provisions The Agreement on the Establishment of the Eurasian Economic Community dated October 10, 2000, the Agreement on the Creation of a Single Customs Territory and the Formation of the Customs Union dated October 6, 2007,

Attaching great importance to combating violations of the customs legislation of the Customs Union and the legislation of the Parties, the control over compliance with which is entrusted to the customs authorities, for which administrative or criminal liability is provided,

Desiring to provide each other with the widest possible assistance in the investigation of these violations and to increase the effectiveness of cooperation in this area by organizing cooperation in the investigation of criminal and administrative offenses and their methodological support, as well as information exchange in this area.,

have agreed on the following:

Part I. GENERAL PROVISIONS

Article 1 Scope of application

1. The scope of application of this Agreement is legal assistance and cooperation between the customs authorities of the Parties in order to solve crimes, bring perpetrators to criminal and administrative responsibility for violations of the customs legislation of the Customs Union and the legislation of the Parties, the control over compliance with which is entrusted to the customs authorities.

2. The central customs authorities for the purposes of this Agreement are: from the Republic of Armenia – the Ministry of Finance of the Republic of Armenia, from the Republic of Belarus - the State Customs Committee, from the Republic of Kazakhstan - the Customs Control Committee of the Ministry of Finance, from the Kyrgyz Republic – the State Customs Service under the Government of the Kyrgyz Republic, from the Russian Federation - the Federal Customs Service.

Territorial customs authorities are other customs authorities of the Parties that conduct criminal proceedings and (or) conduct administrative proceedings (proceedings) in cases of administrative offenses.

The footnote. Article 1 as amended by the Laws of the Republic of Kazakhstan dated 24.12.2014 No. 265-V; dated 02.08.2015 No. 346-V.

Article 2 Recognition of documents

Documents produced or certified by an institution or a specially authorized official within their competence and stamped on the territory of one of the Parties are accepted on the territory of the other Parties without any special certificate.

Article 3 Language

Correspondence and exchange of information under this Agreement is conducted in Russian.

Article 4 Confidentiality of information

1. The information and documents provided in accordance with this Agreement are confidential and may be used, including in court, solely for the purposes provided for in this Agreement. The use and transfer of information for other purposes is possible only with the written consent of the customs authority of the Party that provided it.

2. Each Party ensures the protection of information, documents and other information, including personal data provided by the customs authorities of the other Party.

Article 5 Methods of information exchange

Correspondence and exchange of information under this Agreement are carried out by accessible means of communication, including fax and electronic, with mandatory subsequent mailing of the original.

Article 6 Expenses

1. Each Party shall independently bear the costs incurred in connection with the implementation of this Agreement on its territory.

2. In some cases, the central customs authorities may agree on cost sharing.

Part II. PROVISION OF LEGAL ASSISTANCE IN CRIMINAL MATTERS

Article 7 Provision of legal assistance in criminal matters

Issues related to the provision of legal assistance in criminal cases pending before the customs authorities of the Parties are resolved on the basis of international treaties applicable in relations between the Parties.

Part III. LEGAL ASSISTANCE AND COOPERATION IN CASES OF ADMINISTRATIVE OFFENSES

Article 8 Sending requests for information and documents and instructions on carrying out certain procedural actions

1. Requests for the provision of information and documents, and orders for the conduct of certain procedural actions may be sent both between territorial customs authorities and through central customs authorities in the cases provided for by this Agreement.

2. In cases where it is impossible to determine which customs authority to send a request for information and documents, or an order to conduct certain procedural actions, they are sent to the central customs authority of the requested Party.

3. A request for the provision of information and documents, an order for the conduct of certain procedural actions, shall be drawn up in writing on the letterhead of the customs authority and must contain:

a) the name of the requested customs authority of the relevant Party;

b) the name of the requesting customs authority of the relevant Party;

c) the number of the administrative offense case (if any) for which legal assistance is requested, a detailed description of the offense and other related facts, information on the value of goods, the amount of damage, the legal qualification of the act in accordance with the legislation of the requesting Party, with the text of the applicable law attached.;

d) the names, patronymics and surnames of persons in respect of whom administrative proceedings are being conducted (administrative proceedings are being conducted), witnesses, their place of residence or residence, citizenship, occupation, place and date of birth, for legal entities - their full name and location (if information is available about the listed information);

e) the order for the delivery of the document must also indicate the exact address of the recipient and the name of the document being served.;

f) a list of information and actions to be submitted or executed (in order to conduct a survey, it is necessary to indicate which circumstances should be clarified and clarified, as well as the sequence and wording of the questions to be put to the interviewee).

4. A request for the provision of information and documents, or an order to conduct certain procedural actions may also contain:

a) an indication of the deadline for the required measures;

b) a request to carry out the activities specified in the request in a certain order;

c) a request for an opportunity for representatives of the customs authorities of the requesting Party to be present at the performance of the activities specified in the request, as well as, if this does not contradict the legislation of the Parties, to participate in their implementation;

d) other petitions related to the execution of the request, instructions.

5. A request for the provision of information and documents, an order for the conduct of certain procedural actions, shall be signed by the head of the requesting customs authority or his deputy. The request or instruction must be accompanied by available copies of the documents referenced in the text of the request or instruction, as well as copies of customs, transport (shipping), commercial documents and other documents necessary for their proper execution.

6. Orders for expert examinations and other procedural actions, the execution of which requires additional costs for the executing Party, are sent in exceptional cases by agreement between the central customs authorities.

7. The customs authorities of the Parties may send procedural documents by mail directly to the participants in the administrative process (proceedings) located on the territory of the other Party.

8. It is allowed to send a repeated request for the provision of information and documents, instructions for conducting certain procedural actions in cases of administrative offenses, if necessary, to obtain additional information, clarify information received as part of the execution of the previous request or instruction.

Article 9 Execution of requests for information and documents and orders to carry out certain procedural actions

1. A request for information and documents, an order to conduct certain procedural actions, shall be executed within one month from the date of their receipt, marked "urgent" - no more than 2 weeks. If it is necessary to shorten these deadlines, a reservation is made in the text of the request, instruction, indicating the reasons for the reduction in time and the desired deadline.

If it is necessary to apply to another state body of the requested Party, the specified time limits are extended in accordance with the internal procedure of the customs authority of this Party.

2. The requested customs authority shall carry out all the actions specified in the request or instruction and answer all the questions raised. The requested customs authority has the right, on its own initiative, to carry out actions not provided for by the request or instruction related to their execution.

3. The requested customs authority shall send the response to the request, the order, as well as the relevant materials and documents (certified copies) directly to the requesting customs authority addressed to the head of the customs authority who signed the request, the order with mandatory reference to the details of the received request.

4. If it is impossible to execute a request or order in part or in full within the time limits specified in paragraph 1 of this Article, the requested customs authority must inform the requesting customs authority about the expected time frame for the execution of the request or order.

5. The central Customs authorities study the practice of executing requests for information and documents, orders for certain procedural actions, informing each other about the facts of their improper execution.

Article 10 Specifics of the execution of orders to carry out certain procedural actions

1. The customs authorities, when executing orders to carry out certain procedural and other actions, shall:

interview of persons in respect of whom an administrative process is underway (administrative proceedings are underway) and witnesses;

seizure or seizure of goods and documents that are material evidence or objects of an administrative offense;

requesting documents required for the case proceedings;

inspection;

obtaining information necessary for the proceedings on the case or its consideration from government agencies and individuals;

delivery of documents or copies thereof to participants in the administrative process (production);

expertise and other actions.

2. Procedural and other actions in cases of administrative offenses are carried out in accordance with the legislation of the requested Party.

3. In the event that the legislation of the requested Party requires the issuance of special orders by authorized officials for the conduct of certain procedural actions, then their issuance is carried out at the place of execution of the order.

4. Upon agreement of the customs authorities of the Parties, procedural actions in the territory of the requested Party may be carried out in the presence or with the participation of representatives of the customs authority of the requesting Party in accordance with the legislation of the requested Party. For these purposes, the Customs authorities of the requesting Party may send customs officers for a certain period of time.

5. At the request of the requesting customs authority, the requested customs authority shall inform in advance of the planned time and place of execution of the order to carry out certain procedural actions in order for the requesting customs authority to consider the possibility of its representatives being present during the execution of the order.

6. If the exact address of the person indicated in the request or instruction is unknown, the requested customs authority shall take the necessary measures to establish the address in accordance with the legislation of its Party.

Article 11 Exchange of information

1. The central Customs authorities shall take measures to organize the exchange of information in electronic form about administrative offenses and the persons who committed them.

2. Upon a written request from the other Party, each Party shall provide information on bringing persons to administrative responsibility if these persons are being brought to administrative responsibility in the territory of the requesting Party.

3. The central Customs authorities shall send each other information, analytical and methodological materials related to law enforcement practice in cases of administrative offenses.

Article 12 Methodological assistance

The central Customs authorities are taking measures to develop joint methodological materials related to the practice of production (process management) in cases of administrative offenses, training and advanced training of customs officials.

Part IV. Final provisions

Article 13 Refusal of assistance

1. The provision of legal assistance in cases of administrative offenses is refused if the execution of the request may harm the sovereignty, security, public order or other essential interests of the requested Party or contradicts its legislation.

2. If legal assistance could not be provided, simultaneously with the return of the documents, the requesting customs authority is immediately notified of the circumstances that impede the execution of the request or instruction.

Article 14 Relationship of this Agreement with other international treaties

This Agreement does not affect the rights and obligations of each of the Parties under other international agreements applicable between the member States of the Customs Union.

Article 15 Dispute resolution procedure

Disputes and disagreements between the Parties related to the interpretation and/or application of the provisions of this Agreement are resolved through consultations or negotiations between the Parties concerned. In case of failure to reach an agreement within six months from the date of commencement of such consultations or negotiations, the dispute is referred on the initiative of any of the interested Parties to the Court of the Eurasian Economic Community.

Article 16 Procedure for making changes

By agreement of the Parties, amendments may be made to this Agreement, which are formalized in separate protocols.

Article 17 Procedure for entry into force

This Agreement is subject to ratification.

This Agreement shall enter into force on the date of receipt by the depositary of the last written notification through diplomatic channels that the Parties have completed the internal procedures necessary for the entry into force of this Agreement.

This Agreement is open for accession by any State that becomes a member of the Customs Union.

For the acceding State, this Agreement shall enter into force from the date on which it submits to the depositary a written notification on the completion of the internal procedures necessary for the entry into force of this Agreement, unless otherwise provided by agreement of the Parties.

The footnote. Article 17 as amended by the Law of the Republic of Kazakhstan dated December 24, 2014 No. 265-V.

Article 18 Consequences of termination

In the event of termination of this Agreement, the Parties undertake to ensure the confidentiality of information and documents received under this Agreement in accordance with the laws of the Parties.

Done in Astana on July 5, 2010, in one original copy in the Russian language.

The original copy of this Agreement is kept in the Commission of the Customs Union, which is the depositary of this Agreement and will send each Party a certified copy of it.

For the Republic

For the Russian

Belarus

Kazakhstan

The Federation

I hereby certify that this text is a complete and authentic copy of the Agreement on Legal Assistance and Cooperation between the Customs Authorities of the Member States of the Customs Union in Criminal and Administrative Matters, signed on July 5, 2010 in Astana.:

from the Republic of Belarus - by the President of the Republic of Belarus A.G. Lukashenko;

from the Republic of Kazakhstan - by the President of the Republic of Kazakhstan N.A. Nazarbayev;

from the Russian Federation - by the President of the Russian Federation D.A. Medvedev.

The original copy is kept in the Commission of the Customs Union.

Everything is laced, fastened

signed and stamped 10 sheets

Director of the Legal Department

The Commission's secretariat

Customs Union

N.B. Slyusar

President

Republic of Kazakhstan

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