On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Azerbaijan on Cooperation in Customs Matters

Home / RLA / On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Azerbaijan on Cooperation in Customs Matters

The Law of the Republic of Kazakhstan dated December 30, 1999 No. 15

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Azerbaijan on cooperation in Customs matters, signed in Almaty on June 10, 1997.

President of the Republic of Kazakhstan

Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Azerbaijan on cooperation in Customs matters

 (Bulletin of International Treaties of the Republic of Kazakhstan, 2001, No. 1, art. 3) (Entered into force on January 18, 2000 - J. "Diplomatic Courier", special issue No. 2, September 2000, p. 181)

(Entered into force on January 18, 2000 - Bulletin of International Treaties of the Republic of Kazakhstan, 2003, No. 12, Article 92)

The Government of the Republic of Kazakhstan and the Government of the Republic of Azerbaijan, hereinafter referred to as the Parties, wishing to develop friendly relations, including through cooperation in the field of customs affairs, striving through cooperation between customs services to promote the development and acceleration of passenger and cargo traffic between the Parties, bearing in mind that compliance with customs legislation and the fight against customs offenses can be more effective. successfully implemented with the cooperation of the customs services of the States of the Parties, have agreed on the following:

Article 1 Definitions

For the purposes of this agreement, the terms used mean: "customs legislation" - a set of legal norms governing the import, export and transit of goods, hand luggage and baggage of passengers, currency and other valuables, international mail, collection of customs duties, fees and other payments, the provision of benefits, the establishment of prohibitions and restrictions, as well as control over the movement of goods across the customs borders of the States of the Parties; "customs services" - the central customs authorities of the Parties; "customs offense" - violation or attempt to violate customs legislation; "person" - an individual or legal entity; "narcotic drugs" - substances included in the lists of the United Nations Single Convention on Narcotic Drugs of 1961 with subsequent amendments and additions; "psychotropic substances" - substances included in the lists of the United Nations Single Convention on Psychotropic Substances substances of 1971 with subsequent amendments and additions; "precursors" are substances and their salts classified in international conventions as chemical materials used for the production of narcotic drugs and psychotropic substances; "controlled delivery" is a method by which shipments of narcotic drugs and psychotropic substances are allowed to be imported, transited or exported to the territory of a Party's State with the knowledge and under the supervision of the competent authorities of the Parties. in order to identify persons involved in the illicit trafficking of narcotic drugs and psychotropic substances.

Article 2 Scope of the agreement

The Parties, on the basis of this Agreement and through the customs services, within their competence and compliance with the laws of the States of the Parties, will cooperate in order to: a) improve passenger and cargo traffic between the Parties; b) ensure the correct collection of customs duties, fees and other payments, as well as the application of customs privileges; c) identify, suppress, investigate facts of smuggling and violation of customs regulations.

Article 3 Simplification of customs formalities

1. Customs services: a) take the necessary measures by mutual agreement to simplify customs clearance; b) recognize customs security (seals, seal impressions, stamps) and customs documents of each other, and, if necessary, impose their own customs security on the goods being transported. 2. Goods and vehicles in transit are exempt from customs inspection, except in cases where there is reason to believe that their import, export and transit are prohibited in accordance with the legislation of the States of the Parties, or there is a customs offense.

Article 4 Provision of certificates

1. Upon request, the Customs services shall provide each other with certificates confirming that goods imported or exported from the territory of one Party are being legally imported or exported to the territory of the other Party. The certificates indicate the type and results of the customs procedures according to which the goods were processed. 2. Upon request, the Customs services shall provide each other with information that the certificates or other documents provided by their subordinate customs authorities are authentic and contain all the necessary data.

Article 5 Combating illicit trafficking in narcotic drugs and psychotropic substances

1. In order to intensify actions to prevent, investigate and suppress illicit trafficking in narcotic drugs, psychotropic substances and precursors, Customs services shall, without prior request and as soon as possible, inform each other of information about: a) persons who are known to be involved in illicit trafficking in narcotic drugs, psychotropic substances and precursors or are suspected of In this; b) vehicles, including containers, and mail items that are known to be used for illicit trafficking in narcotic drugs, psychotropic substances and precursors, as well as new methods of control over them. 2. The Customs services, without prior request, inform each other about the methods of illicit trafficking in narcotic drugs, psychotropic substances and precursors, as well as new methods of control over them. 3. Information, messages and documents received by either party in accordance with paragraphs 1 and 2 of this article must be transmitted to law enforcement and other government agencies involved in combating drug addiction and illicit trafficking in narcotic drugs, psychotropic substances and precursors. 4. On the basis of the legislation of the States of the Parties and by mutual agreement, the customs services use, if necessary, a method of controlled supply of narcotic drugs and psychotropic substances in order to identify persons involved in their illicit trafficking. Decisions on the use of controlled delivery methods are made by the Parties separately on a case-by-case basis and may, if necessary, take into account the financial arrangements of the Parties.

Article 6 Transmitting information

1. Upon request, the customs services shall transmit to each other information at their disposal, including by sending messages, protocols and other materials or certified copies thereof: a) on the circumstances related to the collection of customs duties, fees and other payments, as well as the application of customs privileges; b) on actions performed or being prepared. which contradict the customs legislation of the requesting Party. 2. The Customs services shall inform each other as soon as possible, including without prior request, of information on possible customs offences in the fight against which there is a special interest of the Parties. This primarily concerns customs offenses when transporting: a) goods that may pose a threat to the environment or public health; b) weapons, ammunition, explosives and toxic substances, explosive devices; c) items of significant historical, artistic, cultural and archaeological value.; d) goods of particular importance and subject to high customs duties, excise taxes and other taxes in accordance with the laws of the States of the Parties.

Article 7 Transfer of documents

1. The customs services of the Parties shall exchange copies of the current legislative or other regulatory acts on customs issues and immediately inform each other of all changes and additions to the customs legislation. 2. At the request of the customs service of the other Party, the Customs service of one Party shall transmit copies of the decisions of the administrative authorities on the application of customs legislation. 3. In requests for the transfer of documents in accordance with this article, in contrast to the requirement provided for in subparagraph "e" of paragraph 2 of Article 11 of this Agreement, the substance of the case may not be described. 4. The receipt of the documents is confirmed by the requesting Customs service, indicating the date of receipt.

Article 8 Exchange of experience and assistance

1. The Customs services shall exchange information: a) on the experience of their activities and the use of technical controls; b) on new ways and means of committing customs offences; c) on other customs issues of mutual interest to both Parties. 2. The customs services shall assist each other in the field of customs affairs, including: a) the exchange of staff in cases of mutual interest, as well as for the purpose of familiarizing themselves with the technical means used by the customs services; b) training and improvement of special skills of employees; c) exchange of experts on customs issues; d) exchange of professional, scientific and technical information related to customs issues.

Article 9 Investigation

1. At the request of the customs service of one Party, the customs service of the other Party shall conduct an inspection or investigation on the issues provided for in paragraphs "b" and "c" of Article 2 of this Agreement. The results of the inspection or investigation shall be communicated to the requesting Customs service in accordance with the procedure provided for in paragraph 1 of Article 6 of this Agreement. 2. The verification or investigation is carried out in accordance with the legislation in force in the territory of the requested Party's State. The requested Customs service conducts an inspection or investigation, acting on its own behalf. 3. The requested Customs service may authorize officials of the requested Customs service to be present during such inspections or investigations. 4. Officials of one Party during their stay in the territory of the other Party, in the cases provided for by this Agreement, must have documentary evidence of their official powers, not wear uniforms and not have weapons.

Article 10 Experts and witnesses

If the judicial or administrative authorities of one Party make a corresponding request in connection with the customs offences under consideration, the customs service of the other Party may authorize its employees to act as witnesses or experts in such judicial or administrative proceedings. These employees give evidence or conclusions on the facts established by them during the performance of their official duties. The request for participation in judicial or administrative proceedings must specify in which case and in what capacity an employee of the requested customs service should act.

Article 11 Form and content of requests

1. The request provided for in paragraph 1 of Article 9 of this Agreement shall be sent in writing. The documents required to fulfill the request must be attached in originals, officially certified copies or photocopies. The request must contain the following information: a) the name of the customs authority whose interests underlie the request; b) the subject and reason for the request; c) the type of procedure; d) names, addresses and other information about the participants in the procedure; e) a brief description of the merits of the case and its legal qualifications.

Article 12 Query Execution

1. The Customs services shall assist each other in fulfilling requests in accordance with the legislation of their Party and within their competence. 2. The request is refused if its fulfillment may prejudice the sovereignty, security, or contradict the legislation or international obligations of the State of the requested Party. 3. The requesting Customs service shall be immediately notified in writing of the refusal to comply with the request, as well as the reasons for the refusal.

Article 13 Documents

1. The transfer of original documents upon request is carried out in cases where officially certified copies or photocopies are insufficient. 2. The original documents must be returned to the requested Customs service as soon as possible. 3. When applying the provisions of this Article, the rights and legitimate interests of the requested Party or a State that is not a party to this Agreement should not be infringed.

Article 14 Use of received information and documents

1. The Customs services may use information and documents obtained in accordance with this Agreement as evidence in their protocols, communications or other materials, when conducting inspections or investigations, in judicial or administrative proceedings in connection with the customs offences under consideration. The evaluation of this information in judicial or administrative proceedings is carried out in accordance with the legislation of the requesting Party. 2. The information, messages and documents provided upon request are used solely for the purpose of fulfilling this Agreement and may not be transferred to anyone or used for other purposes without the consent of the customs service that provided them. 3. The provisions of paragraph 2 of this article do not apply to materials on violations related to illicit trafficking in drugs, psychotropic substances and precursors. Such information should be provided to government agencies involved in combating drug trafficking within the prescribed time frame.

Article 15 Reimbursement of expenses

1. The requesting Customs service shall reimburse the requested Customs service for expenses incurred in the course of implementing this Agreement in connection with the remuneration of experts and interpreters who do not work for the requested customs service. 2. Reimbursement of expenses related to the implementation of the provisions of Article 8 of this Agreement may be the subject of separate agreements between the customs services of the Parties.

Article 16 Execution of the Agreement

1. The cooperation provided for in this Agreement is carried out directly between the customs services. 2. The Customs services shall issue, within their competence, the regulations necessary for the implementation of this Agreement. 3. To implement this Agreement, the Customs services of the Parties may conclude, within their competence, separate agreements on the entire range of bilateral customs relations.

Article 17 Final provisions

The provisions of this Agreement do not affect the obligations assumed by the Parties in accordance with other international treaties. This Agreement shall enter into force on the date of the last notification that the Parties have completed the necessary internal procedures and will remain in force after 6 months from the date on which one of the Parties sends a written notification to the other Party of its intention to terminate it.

Done in Almaty on June 10, 1997, in two copies in the Kazakh, Azerbaijani and Russian languages, all texts being equally authentic. For the purposes of interpreting the provisions of the Agreement, the Russian text prevails.

President

Republic of Kazakhstan

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