On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Poland on Cooperation and Mutual Assistance 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 Poland on Cooperation and Mutual Assistance in Customs Matters

Law of the Republic of Kazakhstan dated December 22, 2004 No. 18

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Poland on Cooperation and Mutual Assistance in Customs Matters, signed in Warsaw on May 24, 2002.

President  Republic of Kazakhstan

Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Poland on Cooperation and Mutual Assistance in Customs Matters

The Government of the Republic of Kazakhstan and the Government of the Republic of Poland, hereinafter referred to as the Contracting Parties, wishing to develop friendly relations, including through cooperation in the field of customs, striving to develop and accelerate passenger and cargo traffic between the States of the Contracting Parties, taking into account that compliance with customs legislation and the fight against customs offenses can be more successful carried out with the cooperation of the customs authorities of the States of the Contracting Parties, Having regard to international documents promoting bilateral cooperation, as well as the recommendations of the Customs Cooperation Council of December 5, 1953 and June 8, 1971, we have agreed as follows:

Article 1 Definitions

For the purposes of this Agreement, the terms used mean: 1. "Customs legislation" - a set of legal norms of the States of the Contracting Parties regulating the procedure for the import, export and transit of goods, hand luggage and passenger baggage, currency and other valuables, international mail, collection of customs duties, fees and other payments, provision of benefits for customs payments establishment of prohibitions and restrictions, as well as control over the movement of goods across the customs borders of the States of the Contracting Parties; 2. "Customs authorities": - in the Republic of Kazakhstan: the Customs Committee of the Ministry of State Revenue; - in the Republic of Poland: the Minister of Finance. 3. "Requesting Customs authority" - the customs authority sending a request for assistance and receiving such assistance in accordance with the provisions of this Agreement; 4. "Requested Customs authority" - the customs authority receiving a request for assistance or providing such assistance in accordance with the provisions of this Agreement; 5. "Customs offense" - any violation or attempt to violate customs legislation; 6. "Person" - an individual or legal entity, and in the Republic of Poland also organizations without forming a legal entity, established in accordance with national legislation and carrying out the import, export and transit of goods; 7. "Narcotic drugs" - substances included in the lists The United Nations Single Convention on Narcotic Drugs, signed in New York on March 30, 1961, as well as in the lists of the United Nations Convention against Illicit Traffic in Narcotic Drugs, done in Vienna on December 20, 1988; 8. "Psychotropic substances" - substances included in the lists of the United Nations Convention on Psychotropic Substances, done in Vienna on February 21, 1971 9. "Precursors" - substances and their salts classified in international conventions as chemical materials used for the production of narcotic drugs and psychotropic substances; 10. "Controlled delivery" is a method according to which illegal or suspected illegal shipments of narcotic drugs, psychotropic substances, their analogues and precursors are allowed to be imported, exported or transited through the territory of one of the States of the Contracting Parties with the knowledge and under the supervision of the competent authorities of the States of the Contracting Parties in order to identify the sources and channels of their illicit trafficking, as well as persons involved in their illegal trafficking.

Article 2 Scope of the Agreement

1. The Contracting Parties on the basis of this Agreement, through the customs authorities within their competence and in accordance with the national legislation of the States of the Contracting Parties, will cooperate in the field of: a) improving customs control of passenger and cargo traffic, as well as international mail between the States of the Contracting Parties; b) ensuring the correct collection of customs duties, taxes and other payments, as well as the application of customs privileges; (c) Identification, suppression and investigation of customs offences; (d) training and professional development of customs officers and familiarization with the technical means used in the work of the customs services of the States of the Contracting Parties; (e) information exchange in the field of illicit trafficking in narcotic drugs and psychotropic substances, their analogues and precursors. 2. If necessary, the requested Customs authority may seek assistance from other competent authorities.

Article 3 Simplification of customs formalities

1. Customs authorities: a) take the necessary measures to simplify customs clearance by mutual agreement; 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 national legislation of the States of the Contracting Parties, or there is a customs offense.

Article 4 Combating illicit trafficking in narcotic drugs, psychotropic substances, their analogues and precursors

1. In order to intensify actions to prevent, investigate and suppress illicit trafficking in narcotic drugs, psychotropic substances, their analogues and precursors, Customs authorities shall, without prior request and as soon as possible, transmit information to each other, taking into account the national legislation of the States of the Contracting Parties.: a) persons involved in the illicit trafficking of narcotic drugs, psychotropic substances, their analogues and precursors, or suspected of doing so; b) on vehicles, including containers, and international mail used for illicit trafficking in narcotic drugs, psychotropic substances, their analogues and precursors. 2. The customs authorities, without prior request, inform each other about the methods of illicit trafficking in narcotic drugs, psychotropic substances, their analogues and precursors, as well as about new methods of control over them. 3. Information, communications and operational documents received by the customs authorities of the States of the Contracting Parties in accordance with paragraphs 1 and 2 of this Article must be transmitted to the competent law enforcement and other bodies involved in combating drug addiction and illicit trafficking in narcotic drugs, psychotropic substances, their analogues and precursors in accordance with the national legislation of the States of the Contracting Parties. 4. In accordance with the national legislation of the States of the Contracting Parties and by mutual agreement, customs authorities use, if necessary, a method of controlled supply of narcotic drugs, psychotropic substances, their analogues and precursors in order to identify persons involved in their illicit trafficking. 5. Decisions on the use of the controlled delivery method are made on a case-by-case basis by the competent authorities of the Contracting Parties, and may, if necessary, take into account financial cost arrangements.

Article 5 Transmitting information

1. The Customs authorities, upon request or on their own initiative, shall transmit to each other the information at their disposal.: a) confirming the export of goods from the territory of the State of one of the Contracting Parties to the territory of the State of the other Contracting Party; b) confirming the import of goods into the territory of the State of one of the Contracting Parties and the placement of these goods under a certain customs regime. 2. Upon request, the Customs authorities shall provide each other with information that the submitted documents are originals and contain all the necessary data. 3. Upon request, the customs authorities shall transmit to each other the information at their disposal, including by sending protocols and other materials or certified copies thereof: a) on the circumstances related to the collection of customs duties, taxes 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 customs authority. 4. The Customs authorities shall inform each other, upon request or on their own initiative, and as soon as possible, of information on possible customs offences in the fight against which there is a special interest of the Contracting Parties. This primarily concerns customs violations during transportation.: a) goods that may pose a threat to the environment and public health; b) weapons, ammunition, explosives and toxic substances, explosive devices, as well as dual-use goods; c) items of significant historical, artistic, cultural or archaeological value; d) goods of particular importance and subject, according to the national legislation of the States of the Contracting Parties, to high customs duties, excise taxes and other taxes, in particular alcoholic beverages and tobacco products.

Article 6 Transfer of documents

1. Within three months after the entry into force of this Agreement, the customs authorities shall exchange copies of existing legislative or other regulatory acts in the field of customs affairs and immediately inform each other of all changes and additions to customs legislation. 2. At the request of the customs authority of the state of one of the Contracting Parties, the customs authority of the state of the other Contracting Party shall transmit copies of documents of state and other authorities on the application of customs legislation. 3. In requests for the transfer of documents in accordance with this article, the substance of the case may not be described. 4. The receipt of the documents is confirmed by the requesting customs authority, indicating the date of receipt.

Article 7 Exchange of experience and assistance

1. Customs authorities exchange information: a) on the experience of their activities and the use of technical means of customs control; b) on new means and methods of committing customs offences; c) on other customs issues of mutual interest to the Contracting Parties. 2. The customs authorities shall assist each other in the field of customs affairs, including: a) exchange of employees 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 professional skills of customs officers; c) exchange of experts on customs issues; d) exchange of professional, scientific and technical information related to customs issues.

Article 8 Investigation

1. At the request of the customs authority of the State of one of the Contracting Parties, the customs authority of the State of the other Contracting Party shall conduct an inspection or investigation on the issues provided for in this Agreement. The results of such an inspection or investigation shall be communicated to the requesting Customs authority. 2. The inspection or investigation is carried out in accordance with the national legislation in force in the territory of the requested customs authority. The requested Customs authority conducts an inspection or investigation, acting on its own behalf. 3. The requested Customs authority may authorize officials of the requesting Customs authority to participate in such inspections or investigations.

Article 9 Experts and witnesses

1. If the courts or competent authorities of the State of one of the Contracting Parties make a corresponding request in connection with the ongoing proceedings on customs offences, the requested customs authority, taking into account existing international treaties on legal assistance, may authorize its officials as experts or witnesses in judicial or administrative proceedings. 2. In the request for participation in judicial or administrative proceedings, it should be indicated in which case and in what capacity the official of the requested customs authority should act. 3. Officials of the customs authority of the state of one of the Contracting Parties, during their stay in the territory of the state of the other Contracting 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 Form and content of the request

1. The request provided for in paragraph 1 of Article 8 of this Agreement shall be sent in writing and drawn up in Russian or English. The documents required to fulfill the request must be attached in officially certified copies or photocopies. In an emergency, oral requests may be accepted, however, such requests must be immediately confirmed in writing. 2. The request must contain the following information: a) the name of the customs authority; b) the subject and grounds of the request; c) the type of procedure; d) names, addresses and other information about the participants in the procedure, if known; e) a brief description of the merits of the case and its legal qualifications. 3. If the request does not meet the requirements provided for in paragraphs 1 and 2, adjustments or additions to such request may be required.

Article 11 Query Execution

1. Customs authorities shall assist each other in fulfilling requests in accordance with national legislation and within their competence. 2. The request is refused if its fulfillment may harm sovereignty, security, public order, economic interests, or contradict national legislation and international obligations of the States of the Contracting Parties. 3. The requesting customs authority shall be immediately notified in writing of the refusal to comply with the request, as well as the reasons for the refusal.

Article 12 Documents

1. The transfer of original documents upon request is carried out in cases where certified copies or photocopies are insufficient. 2. The original documents must be returned to the requested customs authority within one month.

Article 13 Use of received information and documents

1. Customs authorities may use information and documents obtained in accordance with this Agreement as evidence in protocols, reports and other materials when conducting inspections or investigations, in judicial, administrative or other proceedings related to a customs offense. 2. The information and documents provided upon request are used solely for the purpose of fulfilling this Agreement and may not be transferred to anyone, used for other purposes, or made public without the written consent of the customs authority that provided such information and documents. 3. The provisions of paragraph 2 of this article do not apply to materials on violations related to illicit trafficking in narcotic drugs, psychotropic substances, their analogues and precursors. Such information may be transmitted to the competent law enforcement and government agencies directly involved in combating illicit trafficking in narcotic drugs, psychotropic substances, their analogues and precursors in accordance with the national legislation of the States of the Contracting Parties.

Article 14 Reimbursement of expenses

1. The requesting customs authority shall reimburse the expenses incurred by the requested customs authority during the implementation of this Agreement in connection with the remuneration of experts and interpreters not employed by the customs authorities. 2. Reimbursement of expenses related to the implementation of the provisions of Articles 8 and 9 of this Agreement may become the subject of separate agreements between the customs authorities of the States of the Contracting Parties.

Article 15 The procedure for making changes and additions

Amendments and additions may be made to this Agreement by agreement of the Contracting Parties. Amendments and additions are formalized by separate protocols, which are an integral part of this Agreement and enter into force in accordance with the procedure established by Article 18 of this Agreement.

Article 16 Implementation of the Agreement

1. This Agreement is valid in the territories of the Republic of Kazakhstan and the Republic of Poland. 2. The cooperation provided for in this Agreement is carried out directly between the customs authorities. The Customs authorities of the States of the Contracting Parties shall issue, within their competence, the regulations necessary for the implementation of this Agreement. 3. In order to implement this Agreement, the customs authorities of the States of the Contracting Parties may conclude separate agreements on bilateral customs relations. 4. Upon agreement or upon completion of a five-year period from the date of entry into force of this Agreement, representatives of the customs authorities of the States of the Contracting Parties shall hold bilateral meetings to analyze the implementation of the provisions of this Agreement and discuss other issues related to customs cooperation between the States of the Contracting Parties. If such meetings are not necessary, the Customs authorities shall notify each other in writing.

Article 17 Resolution of disputes

All disputes and disagreements between the Contracting Parties regarding the interpretation and application of the provisions of this Agreement will be resolved through mutual consultations and negotiations.

Article 18 Final provisions

1. The provisions of this Agreement shall not affect the rights and obligations of the Contracting Parties arising from other international treaties to which they are parties. 2. This Agreement shall enter into force on the date of receipt of the last written notification that the Contracting Parties have completed the internal procedures necessary for its entry into force. 3. This Agreement shall be concluded for an indefinite period and shall terminate upon the expiration of six months from the date of receipt by one of the Contracting Parties of a written notification from the other Contracting Party of its intention to terminate this Agreement.

Done in Warsaw on May 24, 2002, in two original copies, each in the Kazakh, Polish and Russian languages, all texts being equally authentic. In case of disagreement in the interpretation of the provisions of this Agreement, the Contracting Parties will refer to the text in Russian.

In proof of which, duly authorized persons have signed this Agreement.

For the Government For the Government  Republic of Kazakhstan Republic of Poland

The copy is correct

Advisor to the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan

 (Note. RCPI: the text in Polish is attached below)

President

Republic of Kazakhstan

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