On the ratification of the Agreement on the Joint Board of Customs Services of the Member States of the Customs Union

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The Law of the Republic of Kazakhstan dated November 15, 2012 No. 49-V.

To ratify the Agreement on the Joint Board of Customs Services of the Member States of the Customs Union, signed in Moscow on June 22, 2011.

President

Republic of Kazakhstan

N. NAZARBAYEV

AGREEMENT on the Joint Board of Customs Services of the Member States of the Customs Union (Entered into force on January 22, 2012 - Bulletin of International Treaties of the Republic of Kazakhstan 2013, No. 1, art. 11)

The Government of the Republic of Belarus, the Government of the Republic of Kazakhstan and the Government of the Russian Federation, hereinafter referred to as the Parties, based on the Agreement on the Establishment of the Eurasian Economic Community dated October 10, 2000, the Agreement on the Establishment of a Single Customs Territory and the Formation of the Customs Union dated October 6, 2007, the Agreement on the Commission of the Customs Union dated October 6, 2007, the Agreement on Customs In accordance with the Customs Union Code of November 27, 2009, we have agreed on the following:

Article 1

In order to coordinate the interaction of the customs authorities of the member States of the Eurasian Economic Union (hereinafter, respectively, the member States, the Union), to ensure the implementation of the goals and objectives of the Union, to unify the application of international treaties and acts regulating customs relations that constitute the law of the Union (hereinafter, international treaties and acts in the field of customs regulation), and customs regulation on In matters falling within the competence of the customs authorities of the Member States, the Parties establish a Joint Board of Customs Services of the Member States of the Union (hereinafter - Joint Board).

The footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 03/20/2021 No. 23.

Article 2

The Joint Board carries out its activities within the limits of the powers provided for by this Agreement, international treaties and acts in the field of customs regulation.

The footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated 03/20/2021 No. 23.

Article 3

The Joint Board is headed by a chairman from among the heads of the central customs authorities of the Member States, who is elected by the members of the Joint Board (hereinafter referred to as the Chairman). The Chairman has deputies elected by the members of the Joint Board in a number equal to the number of Member States, with the exception of the Member State represented by the Chairman.

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

The Chairman and his deputies are elected for a term of 1 year. By the decision of the Joint Board, this period may be extended.

Meetings of the Joint Board are conducted by the Chairman, and in case of his absence - by the Deputy Chairman or one of the members of the Joint Board on behalf of the Chairman.

The Joint Board consists of the Chairman, his deputies, as well as members of the Joint Board who are senior officials of the central customs authorities of the Member States, usually from among the members of the boards of the central customs authorities of the Member States, taking into account equal representation from each central customs authority of the Member State.

The working procedure of the Joint Board is determined by the rules of procedure approved by the Chairman following the review by the Joint Board.

In cases of transfer of powers to carry out customs regulation to another body or a change in the name of the central customs authority of a Member State, the relevant central customs authority of the Member State shall immediately inform the other central customs authorities of the Member States through diplomatic channels.

The footnote. Article 3 as amended by the Law of the Republic of Kazakhstan dated 03/20/2021 No. 23.

Article 4

Meetings of the Joint Board are held, as a rule, at least once a quarter. At the request of at least one of the central customs authorities of the Member States, extraordinary meetings of the Joint Board may be held.

The footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 03/20/2021 No. 23.

Article 5

The main tasks of the Joint Board are:

coordination of the activities of the customs authorities of the Member States;

participation in the development of international treaties and acts in the field of customs regulation;

ensuring the uniform application of international treaties and acts in the field of customs regulation within its competence;

ensuring a unified procedure for customs operations and customs control of goods and vehicles in the customs territory of the Union;

assistance in the implementation of the customs policy of the Member States.

The footnote. Article 5 as amended by the Law of the Republic of Kazakhstan dated 03/20/2021 No. 23.

Article 6

The Joint Board performs the following functions:

preparation of proposals for improving international treaties and acts in the field of customs regulation;

assistance in the implementation of acts included in the law of the Union;

preparation and adoption of joint plans and measures aimed at ensuring uniform compliance with international treaties and acts in the field of customs regulation, the legislation of the Member States on customs regulation and the legislation of the Member States, the control over compliance with which is entrusted to the customs authorities of the Member States;

resolution of the main issues of interaction between the customs authorities of the Member States in the field of customs regulation in the Union;

discussion of controversial issues related to the interpretation and/or application of international treaties and acts in the field of customs regulation;

analysis and review of the implementation of international treaties and acts in the field of customs regulation;

initiating the development of Union development programs in the field of customs regulation and participating in their development and implementation;

preparation of proposals for improving customs regulation in the Union, unification of the procedure for customs operations and forms of customs documents;

coordination of activities aimed at ensuring control over compliance with prohibitions and restrictions;

consideration and preparation of recommendations to the customs authorities of the Member States on ensuring the uniform application of the rules for determining the origin of goods;

consideration and preparation of proposals for the development and improvement of the procedure for customs declaration and customs control of the customs value of goods and payment of customs duties, special, anti-dumping, countervailing duties;

monitoring of compliance with the unified customs control procedure, uniform and effective application of unified customs procedures in the Member States;

preparation of proposals for improving forms of customs control and measures to ensure customs control;

monitoring compliance with the unified procedures and conditions for the movement of goods for personal use across the customs border of the Union and the implementation of unified customs operations in respect of such goods;

consideration of proposals for amendments to the unified Commodity nomenclature of foreign economic activity of the Eurasian Economic Union:

coordination of control by the customs authorities of the Member States over compliance with the procedure for movement of cash and monetary instruments across the customs border of the Union, as well as the performance of other functions performed by the customs authorities of the Member States in the field of currency regulation and currency control;

organization of cooperation between the customs authorities of the Member States to combat smuggling, other crimes or criminal offenses, the proceedings of which are attributed to the jurisdiction of the customs authorities of the Member States, as well as administrative offenses (violations) for which the customs authorities of the Member States conduct administrative proceedings (carry out proceedings);

coordination of the development, improvement and implementation of information systems and information technologies used by the customs authorities of the Member States, ensuring information security;

development and implementation of a system of joint measures by the customs authorities of the Member States to curb illicit trafficking in narcotic drugs and psychotropic substances, weapons, objects of artistic, historical and archaeological heritage of the peoples of the Member States and peoples of foreign countries, intellectual property objects, endangered species of animals and plants, their parts and derivatives, and other goods subject to bans and restrictions;

development of measures and creation of conditions within the competence of the customs authorities of the Member States, contributing to the acceleration of trade turnover across the customs border of the Union, as well as contributing to the development of foreign economic relations of the Member States, enterprises, institutions, organizations and citizens of the Member States, including the development of customs infrastructure, ensuring the implementation of these measures;

participation, within the limits of their competence, in international cooperation on customs issues, coordination of the participation of the central customs authorities of the Member States in it;

development of proposals to identify the area of risks in respect of which the customs authorities of the Member States are required to develop and apply measures to minimize them.;

development of methodological foundations for the functioning of the risk management system to form common standards for the risk management system and ensure their uniform application within the Union.

The footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 03/20/2021 No. 23.

Article 7

The Joint Board has the right to:

develop, within its competence, proposals on improving the accounting procedure for import customs duties (other duties, taxes and charges having equivalent effect), special, anti-dumping, countervailing duties;

to take, within the framework of their competence, decisions aimed at developing cooperation and ensuring interaction between the customs authorities of the Member States;

to make decisions to ensure effective customs administration in the customs territory of the Union;

To establish, in accordance with the established procedure, permanent or temporary working groups necessary for the preparation of issues in the field of customs regulation in the Union.;

to instruct the customs authorities of the Member States to report on the implementation of the provisions of international treaties and acts in the field of customs regulation and on the implementation of decisions taken by the Joint Board;

Identify the risk areas for which the Customs authorities of the Member States are required to develop and apply measures to minimize them.;

determine a uniform procedure for the exchange of information and the provision of information related to the payment of import customs duties (other duties, taxes and charges having equivalent effect), special, anti-dumping, countervailing duties;

to enjoy other rights in accordance with international treaties and acts in the field of customs regulation.

The footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated 03/20/2021 No. 23.

Article 8

A member of the Joint Board has the right to:

submit any issues within the competence of the Joint Board for discussion and receive the necessary information on the issues under consideration and the implementation of decisions taken by the Joint Board.;

to make proposals on the place and time of meetings of the Joint Board;

to receive the necessary information about the activities of the working groups of the Joint Board.

A member of the Joint Board must:

to inform the Joint Board about the position of their state on the issues of customs cooperation under consideration;

to bring the decisions taken by the Joint Board to the authorized bodies of their state and facilitate their implementation;

to monitor the full and timely implementation of the decisions taken by the Joint Board.

Article 9

The decisions of the Joint Board are made by consensus, with each Member State having one casting vote.

The decisions of the Joint Board are signed by the Chairman and his deputies.

In the absence of the Chairman (Deputy Chairman) at the meeting of the Joint Board, the decisions of the Joint Board are signed by a member of the Joint Board from the relevant Member State within the powers granted to him by the head of the central customs authority of the represented Member State.

The decisions of the Joint Board, within seven days from the date of adoption, are announced for execution by orders of the heads of the central customs authorities of the Member States, issued by them within the powers established by the legislation of each of the Member States, respectively.

The footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated 03/20/2021 No. 23.

Article 10

The functions of the Secretariat of the Joint Board are assigned to the Federal Customs Service (Russian Federation).

The expenses of the Federal Customs Service for performing the functions of the Secretariat of the Joint Board are financed from the budget funds of the Russian Federation allocated to finance the Federal Customs Service.

The secretariat of the Joint Board organizes and provides information and technical support for the activities of the Joint Board. The list of other functions performed by the Secretariat is determined by the Regulations on the Secretariat of the Joint Board, approved by the Chairman.

The costs of travel for members of the Joint Board and participants in its meetings are borne by the sending Member State.

The footnote. Article 10 as amended by the Law of the Republic of Kazakhstan dated 03/20/2021 No. 23.

Article 11

The working language of the Joint Board is Russian.

Article 12

The seat of the Secretariat of the Joint Board is the city of Moscow.

Article 13

Reservations to this Agreement are not allowed.

Article 14

This Agreement may be amended and supplemented, which are formalized in separate protocols and are an integral part of this Agreement.

The footnote. Article 14 as amended by the Law of the Republic of Kazakhstan dated 03/20/2021 No. 23.

Article 15

Disputes related to the interpretation and/or application of the provisions of this Agreement are resolved in accordance with the procedure established by the Treaty on the Eurasian Economic Union of May 29, 2014.

The footnote. Article 15 as amended by the Law of the Republic of Kazakhstan dated 03/20/2021 No. 23.

Article 16

This Treaty is subject to ratification and is provisionally applicable from the date of signature.

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.

Done in Moscow on June 22, 2011, 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.

Behind

Government

Republics

Russian

Belarus

Kazakhstan

Federations

I hereby certify that this text is a complete and authentic copy of the Agreement on the Joint Board of Customs Services of the Member States of the Customs Union, signed on June 22, 2011 in Moscow.:

for the Republic of Belarus - Deputy Prime Minister of the Republic of Belarus S.N. Rumas;

for the Republic of Kazakhstan - First Deputy Prime Minister of the Republic of Kazakhstan U.E. Shukeyev;

for the Russian Federation - I.I. Shuvalov, First Deputy Chairman of the Government of the Russian Federation.

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

Associate Director

Legal Department

The Commission's secretariat

Customs Union

M.I. Khalimov

President

Republic of Kazakhstan

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