On the Ratification of the Protocol on the Procedure for Cooperation between the Customs Services of the Member States of the Commonwealth of Independent States in the Transportation of Special Goods and Military Products

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On the Ratification of the Protocol on the Procedure for Cooperation between the Customs Services of the Member States of the Commonwealth of Independent States in the Transportation of Special Goods and Military Products

The Law of the Republic of Kazakhstan dated May 10, 2001 N 200

To ratify the Protocol on the Procedure for Cooperation between the Customs Services of the Member States of the Commonwealth of Independent States in the Transportation of Special Cargoes and Military Products, signed in Yalta on October 8, 1999.

President of the Republic of Kazakhstan

Protocol on the procedure for Interaction between the Customs Services of the Participating States Of the Commonwealth of Independent States in the transportation of special cargoes and military products

Officially certified text

It shall enter into force on the date of receipt by the depositary of the third notification on the completion by the Parties of the internal procedures necessary for the entry into force of this Protocol. For the Parties that have completed the internal procedures later, it shall enter into force from the date of delivery of the relevant documents to the depositary.

signed: Republic of Armenia, Republic of Kazakhstan, Kyrgyz Republic, Republic of Moldova, Russian Federation, Republic of Tajikistan, Republic of Uzbekistan, Ukraine

notifications have been submitted:

Russian Federation - deposited on January 17, 2000; Ukraine - deposited on April 13, 2000; Republic of Tajikistan - deposited on May 30, 2000; Kyrgyz Republic - deposited on October 20, 2000; Republic of Armenia - deposited on December 27, 2000; Republic of Kazakhstan - deposited on June 12, 2001; Republic of Moldova - deposited on June 7, 2002.

The Protocol entered into force on May 30, 2000

entered into force for the States:

Russian Federation - May 30, 2000; Ukraine - May 30, 2000; Republic of Tajikistan - May 30, 2000; Kyrgyz Republic - October 20, 2000; Republic of Armenia - December 27, 2000; Republic of Kazakhstan - June 12, 2001; Republic of Moldova - June 7, 2002.

The Governments of the States Parties to this Protocol, hereinafter referred to as the Parties, guided by the provisions of The Agreement on the Free Trade Zone of April 15, 1994 and the Protocol on Amendments and Additions thereto of April 2, 1999, as a follow-up to the Agreement on the Interstate Transportation of Dangerous and Discharge Goods of December 23, 1993 and the Agreement on the Transportation of Special Goods and Military Products of May 26, 1995 (hereinafter - Agreement of May 26, 1995), proceeding from generally recognized international norms and the foundations of national legislation of the Parties, striving to further expand mutually beneficial trade and economic relations, recognizing the need to ensure effective cooperation between the customs services, agreed as follows:

I. General provisions

Article 1

This Protocol uses the terms used in the Agreement of May 26, 1995.

Article 2

The purpose of this Protocol is to streamline the procedure for the movement of special cargoes and military products across the customs borders of the Parties.

II. Basic principles of transportation of special cargoes and military products

Article 3

Transportation of special cargoes and military products is carried out after their preliminary approval during transportation planning by the relevant competent authorities of the Parties, as defined by the Agreement of May 26, 1995.

Article 4

The passage of special cargoes and military products across customs borders, as well as their transit through the customs territories of the CIS member States, is carried out with the permission of the competent authorities of the States through whose customs borders they are transported. The crossing of customs borders of States by special cargoes and military products is carried out at checkpoints opened in accordance with the established procedure for international traffic.

III. Customs clearance

Article 5

Special cargoes and military products transported across the customs borders of States are subject to customs control and clearance in accordance with the procedure provided for by the national customs legislation of each State.

Article 6

Customs control and customs clearance of special cargoes and military products are carried out within the time limits established for such control and clearance by the customs legislation of the States.

Article 7

Transportation of personal property of military personnel and commercial goods under the guise of special goods and military products is prohibited.

Article 8

If the packaging, seals and seals are missing or damaged, as well as if there are grounds to believe that items other than special goods and military products are being transported, these goods may be inspected in the presence of authorized persons of the competent authorities of the Parties. During the inspection of such goods, the national legislation of the State in whose territory the above-mentioned goods are located is applied.

IV. Exchange and provision of information

Article 9

The Parties shall exchange information on the current national legislation on issues related to the passage through the customs border, as well as transit through the customs territory of special goods and military products, and inform each other about amendments and additions to the legislation no later than 20 days after their introduction.

Article 10

1. The States through whose territories scheduled transportation of special cargoes and military products is carried out shall exchange information on such transportation no later than one month before the start of transportation. 2. The Parties shall assist each other in meeting requests for information on the transportation of special cargoes and military products on the basis of their legislative acts. 3. A Party has the right to refuse to comply with a request if it may harm the sovereignty or security of the requested Party, contradict its legislation or its international obligations. 4. The requesting Party shall be notified of the reasons for refusal to fulfill the request in accordance with the established procedure.

V. Confidentiality of information

Article 11

Information, requests and other information on the transportation of special cargoes and military products transmitted by one of the Parties in accordance with this Protocol shall be provided with the same confidentiality regime established in this State for its own information of a similar nature and content in accordance with national legislation.

Article 12

Each of the Parties ensures the confidentiality of the information received and does not provide it to anyone without the written consent of the other Party.

VI. Final provisions

Article 13

This Protocol does not affect the provisions of other international treaties to which the Parties are Parties.

Article 14

This Protocol shall enter into force on the date of receipt by the depositary of the third notification on the completion by the Parties of the internal procedures necessary for the entry into force of this Protocol. For the Parties that have completed the internal procedures later, it shall enter into force from the date of delivery of the relevant documents to the depositary.

Article 15

This Protocol is valid for 5 years from the date of its entry into force. After this period, the Protocol is automatically extended each time for the next 5-year period, unless the Parties decide otherwise.

Article 16

With the general consent of the Parties, amendments and additions may be made to this Protocol, drawn up in a separate document that is an integral part of the Protocol and enters into force in accordance with the procedure provided for in Article 14 of this Protocol.

Article 17

Disputes related to the application and interpretation of this Protocol shall be resolved through consultations and negotiations between the Parties concerned. If it is impossible to resolve the disputed issues through negotiations, the Parties apply to the Economic Court of the Commonwealth of Independent States or other international arbitration courts.

Article 18

Any Party may withdraw from this Protocol by sending a written notification to the depositary no later than 6 months prior to withdrawal, having previously settled the obligations that have arisen during the validity of this Protocol.

Article 19

This Protocol is open for accession by other States sharing its objectives and principles, with the consent of all Parties, by submitting documents on such accession to the depositary. The accession shall be deemed to have entered into force after 30 days from the date of receipt by the depositary of the last notification of consent to such accession. Done in Yalta on October 8, 1999, in one original copy in the Russian language. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Protocol.

For the Government For the Government Azerbaijan Republic of the Republic of Moldova

For the Government For the Government of the Republic of Armenia Of the Russian Federation

For the Government For the Government of the Republic of Belarus of the Republic of Tajikistan

For the Government For the Government of Georgia Turkmenistan

For the Government For the Government of the Republic of Kazakhstan of the Republic of Uzbekistan

For the Government For the Government Of the Kyrgyz Republic Of Ukraine

Reservations of Ukraine to the protocol of the Council of Heads of Government of the CIS Member States

"On the Protocol on the procedure for interaction of the customs services of the member States of the Commonwealth of Independent States in the transportation of special cargoes and military products."

October 8th, 1999

With the exception of provisions allowing the consideration of controversial issues in the Economic Court of the Commonwealth of Independent States.

The Prime Minister

Of Ukraine

I hereby certify that the attached text is an authentic copy of the Protocol on the Procedure for Cooperation between the Customs Services of the member States of the Commonwealth of Independent States in the Transportation of Special Cargoes and Military Products, adopted at the meeting of the Council of Heads of Government of the Commonwealth of Independent States, which took place on October 8, 1999 in Yalta. The original copy of the above-mentioned Protocol is kept in the Executive Committee of the Commonwealth of Independent States.

Chairman of the Executive Committee CIS Executive Secretary

President

Republic of Kazakhstan

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