On signing an Agreement on the Exchange of Information on Goods and Vehicles of International Transportation Transported across the Customs Borders of the Eurasian Economic Union and the People's Republic of China
Decree of the President of the Republic of Kazakhstan dated June 5, 2019 No. 58.
In accordance with Article 8 of the Law of the Republic of Kazakhstan dated May 30, 2005 "On International Treaties of the Republic of Kazakhstan", I HEREBY DECREE:
1. To approve the attached draft Agreement on the Exchange of Information on Goods and Vehicles of International Transportation transported across the Customs Borders of the Eurasian Economic Union and the People's Republic of China.
2. To authorize First Deputy Prime Minister of the Republic of Kazakhstan - Minister of Finance of the Republic of Kazakhstan Smailov Alikhan Askhanovich to sign on behalf of the Government of the Republic of Kazakhstan an Agreement on the exchange of information on goods and vehicles of international transportation transported across the customs borders of the Eurasian Economic Union and the People's Republic of China, allowing amendments and additions that are not fundamental.
3. This Decree shall enter into force from the date of its signing.
President of the Republic of Kazakhstan
K. Tokaev
Approved by Decree of the President of the Republic of Kazakhstan dated June 5, 2019 No. 58
Agreement on the exchange of information on Goods and vehicles of International Transportation transported across the customs borders of the Eurasian Economic Union and the People's Republic of China
The Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic and the Russian Federation, which are members of the Eurasian Economic Union (hereinafter referred to as the member States of the Eurasian Economic Union), and the Eurasian Economic Union, on the one hand, and the People's Republic of China (PRC), on the other hand, hereinafter referred to as the Parties,
Realizing the need to carry out joint activities to promote trade and simplify trade procedures, ensure security, protect the economic interests of the Eurasian Economic Union and the People's Republic of China, and strengthen cooperation in the field of customs information exchange,
Striving to prevent, identify and suppress violations of international treaties and acts regulating customs relations that are part of the law of the Eurasian Economic Union, the legislation of the member States of the Eurasian Economic Union and the legislation of the People's Republic of China through the regular exchange of information on goods and vehicles of international transportation transported across the customs borders of the Eurasian Economic Union and the People's Republic of China,
intending to simplify customs procedures, facilitate the acceleration of customs operations and customs control of transported goods and vehicles of international transportation,
Supporting efforts to bring together the Eurasian Economic Union and the One Belt, One Road initiative, and to create international logistics channels between China, the Eurasian Economic Union, and Europe,
guided by generally recognized principles and norms of international law,
have agreed on the following:
Article 1
Definitions
For the purposes of this Agreement, concepts are used that mean the following::
"legislation of the Parties" - international treaties, legislative and regulatory legal acts of the member States of the Eurasian Economic Union and the People's Republic of China, as well as international treaties and acts constituting the law of the Eurasian Economic Union;
"information" means information about goods and vehicles of international transportation transmitted electronically in accordance with this Agreement.;
"destination country" - the country (region) of customs clearance for the import of goods;
"country of departure" - the country (region) of customs clearance for the export of goods;
"transit country" - the country (region) of customs clearance for the transit of goods;
"customs territory of the Eurasian Economic Union" means the territories of the member States of the Eurasian Economic Union, as well as artificial islands, structures, installations and other objects located outside their borders, in respect of which the member States of the Eurasian Economic Union have exclusive jurisdiction.;
"customs territory of the People's Republic of China" - the territory where the customs legislation of the People's Republic of China is applied;
"goods" means any goods defined in accordance with the customs legislation of the Parties and transported across the customs borders of the Eurasian Economic Union and the People's Republic of China.;
"international transportation vehicles" - various types of vessels, land vehicles, including railway vehicles, aircraft transporting goods across the customs borders of the Eurasian Economic Union and the People's Republic of China.
Article 2
Purpose of the Agreement
The purpose of this Agreement is to organize cooperation on the exchange of information on goods and vehicles of international transportation transported across the customs borders of the Eurasian Economic Union and the People's Republic of China, allowing to ensure:
acceleration of customs operations in respect of goods imported into the customs territories of the Eurasian Economic Union and the People's Republic of China, as well as those transported in transit;
the use of data on goods and vehicles of international transportation obtained during the exchange of information to increase efficiency in the field of risk management and improve forms of customs control;
reducing the risks associated with the importation into the customs territories of the Eurasian Economic Union and the People's Republic of China of potentially dangerous, prohibited and restricted goods with evasion from customs control, and other risks affecting the interests of the Parties in the field of security.
Article 3
Subject of the Agreement
1. As part of the implementation of this Agreement, the Parties shall exchange information on goods transported across the customs borders of the Eurasian Economic Union and the People's Republic of China by road, rail, air, water (sea and river) modes of transport, and international transportation vehicles.
2. Information exchange is carried out in stages as the Parties achieve technical readiness in accordance with separate protocols concluded between the central customs authorities of the member states of the Eurasian Economic Union, which, on the basis of the legislation of their states, perform functions for the implementation of state policy, regulations in the field of customs, as well as functions for control and supervision in the field of customs, and the General Administration of Customs of the People's Republic of China, subject to the provisions of this Agreement. The first of these protocols must be signed no later than 18 months after the date of entry into force of this Agreement.
3. The protocols referred to in paragraph 2 of this Article should determine the volume and composition of information on goods and vehicles of international transportation in respect of which information will be exchanged, taking into account paragraphs 5-7 of this Article, Annex 1 to this Agreement and criteria defined by the Parties, including directions of movement of goods and methods of their transportation, codes of goods, checkpoints, as well as technical conditions for the exchange of information (structure and format of information, used classifiers and reference books, the procedure and regulations for the exchange, methods of exchange, the scheme of organization of information interaction, requirements for ensuring security during information exchange).
The structure and format of the transmitted information are determined taking into account international standards, as well as recommendations in the field of electronic data exchange of the World Customs Organization and the United Nations Economic Commission for Europe.
4. The Parties will strive to expand the scope and composition of the information to be exchanged, taking into account paragraphs 5-7 of this Article and Annex 2 to this Agreement.
5. The member States of the Eurasian Economic Union shall provide the PRC with information on goods and vehicles of international transportation that are exported from the member States of the Eurasian Economic Union.:
in China;
to third countries (regions) in transit through the customs territory of the People's Republic of China.
6. The PRC provides the member States of the Eurasian Economic Union with information on goods and vehicles of international transportation that are exported from the PRC:
to the member States of the Eurasian Economic Union;
to third countries (regions) in transit through the customs territory of the Eurasian Economic Union.
7. Upon reaching technical readiness, the member States of the Eurasian Economic Union and the People's Republic of China will exchange information on goods and vehicles of international transportation that transit from third countries (regions).:
to the member States of the Eurasian Economic Union through the customs territory of the People's Republic of China;
to China through the customs territory of the Eurasian Economic Union;
to third countries (regions) through the customs territories of the Eurasian Economic Union and China.
8. As part of the implementation of this Agreement, there is no exchange of information on goods transported by individuals as goods for personal use, as well as those sent in international mail.
9. As part of the implementation of this Agreement, information relating to information constituting a state secret (state secrets) in accordance with the legislation of the member States of the Eurasian Economic Union and the legislation of the People's Republic of China is not exchanged.
Article 4
The mechanism of interaction
2. On behalf of the People's Republic of China, the General Customs Administration of the People's Republic of China is the authorized body responsible for the exchange of information under this Agreement.
3. The Eurasian Economic Commission shall coordinate the implementation of the provisions of this Agreement and organize the exchange of information, taking into account the provisions of this Agreement, using the integrated information system of the Eurasian Economic Union.
4. If the customs authorities of the member States of the Eurasian Economic Union act as the customs authorities of the country of departure or the country of transit, the relevant authorized bodies transmit information about goods and vehicles of international transportation to the integrated information system of the Eurasian Economic Union for transmitting such information to the authorized body of the People's Republic of China.
5. If the customs authorities of the People's Republic of China act as the customs authorities of the country of departure or the country of transit, the authorized body of the People's Republic of China transmits information about goods and vehicles of international transportation to the integrated information system of the Eurasian Economic Union for transmitting such information to the authorized bodies of the member States of the Eurasian Economic Union.
Article 5
Information exchange
1. Information on goods and vehicles of international transportation to be exchanged within the framework of the implementation of this Agreement is formed on the basis of information from customs documents.
Such information is exchanged electronically on a regular basis.
2. Information exchange is carried out in Russian or Chinese.
Information on individual banking details can be provided using the Latin alphabet.
When transmitting information presented in encoded form, classifiers and reference books developed on the basis of international standards are used.
3. In order to ensure the exchange of information within the framework of the implementation of this Agreement, the Parties will modernize their information systems and carry out all necessary technical work in advance to prepare for the exchange of information.
Article 6
Protection and use of information
1. The information received under this Agreement is confidential. The Parties restrict the access of third parties to such information, and also take measures to prevent its uncontrolled dissemination.
2. The information obtained under this Agreement is used exclusively for customs purposes by the authorized bodies of the member States of the Eurasian Economic Union and the People's Republic of China responsible for the exchange of information under this Agreement, and may not be used as evidence in administrative and criminal proceedings, as well as judicial proceedings without the written consent of the authorized body that submitted such information.
3. The authorized bodies of the member States of the Eurasian Economic Union, which have received information from the authorized body of the People's Republic of China, take measures to ensure the confidentiality of the information received and use methods to protect information from unauthorized access, similar to the measures and methods applied to similar information in accordance with the legislation of the member States of the Eurasian Economic Union.
The authorized body of the People's Republic of China, which has received information from the authorized bodies of the member States of the Eurasian Economic Union, takes measures to ensure the confidentiality of the information received and uses methods to protect information from unauthorized access, similar to the measures and methods used in relation to similar information in accordance with the legislation of the People's Republic of China.
4. The Eurasian Economic Commission and the authorized body of the People's Republic of China ensure the protection of information during its transfer between the integrated information system of the Eurasian Economic Union and the relevant information systems of the authorized body of the People's Republic of China.
Article 7
Cooperation on the implementation of the Agreement
1. The Parties shall hold a working meeting once a year to discuss the implementation of this Agreement.
If necessary, through consultations, the Parties may agree to hold additional working meetings.
2. Correspondence on the implementation of this Agreement is conducted in Russian or Chinese.
Article 8
Dispute resolution
Any disagreements that arise during the implementation of this Agreement are resolved through consultations and negotiations.
Article 9
Making changes to the Agreement
By mutual agreement of the Parties, amendments may be made to this Agreement, which are formalized in separate protocols and are an integral part of this Agreement.
Article 10
Joining and withdrawing from the Agreement
1. A new member State of the Eurasian Economic Union shall accede to this Agreement by agreement of the Parties reached through negotiations on its accession to this Agreement between the Parties to this Agreement and such new member State of the Eurasian Economic Union. Such accession is carried out by concluding an additional protocol to this Agreement.
The Eurasian Economic Commission shall immediately notify the People's Republic of China in writing of the receipt by any State of the candidate status for membership in the Eurasian Economic Union and the accession of the State to the Eurasian Economic Union.
2. The Eurasian Economic Commission shall immediately notify the People's Republic of China in writing of the withdrawal of the State from the Eurasian Economic Union.
Article 11
Entry into force of the Agreement
This Agreement shall enter into force 60 days after the date of receipt of the last written notification that the member States of the Eurasian Economic Union and the People's Republic of China have completed the internal procedures necessary for the entry into force of this Agreement. These notifications are exchanged between the Eurasian Economic Commission and the People's Republic of China.
Article 12
Termination of the Agreement
Either Party has the right to terminate this Agreement by sending a corresponding written notification to the other Party. The Agreement shall terminate upon the expiration of 6 months from the date of receipt of such notification by the other Party.
Committed in the city ________________ "____" _______________ 201_ in _____ copies, each in Russian and Chinese, both texts being they have the same power.
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For the Republic of Armenia
For the People's Republic of China
For the Republic of Belarus
For the Republic of Kazakhstan
For the Kyrgyz Republic
For the Russian Federation
For the Eurasian Economic Union
APPENDIX No. 1 to the Agreement on the Exchange of Information on Goods and Means of International Transportation Transported across the Customs Borders of the Eurasian Economic Union and the People's Republic of China
The composition of information to be exchanged at the initial stage of the implementation of the Agreement on the Exchange of Information on Goods and Vehicles of International Transportation Transported across the Customs Borders of the Eurasian Economic Union and the People's Republic of China
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Name
Description
1. Information about the product batch
1. Unique batch number
the number of the goods declaration
2. Total number of items
the number of items in a product batch (numeric value)
2. Information about persons moving goods or initiating the movement of these goods
1. Sender of goods
the sender's country (region) code.The sender's code assigned in accordance with the legislation of the Party (indicated during the export of goods).Information about the person indicated as the sender of the goods in the customs documents
Name
Description
2. Recipient of goods
the recipient's country (region) code.The recipient's code, assigned in accordance with the legislation of the Party (indicated when importing (importing) goods). Information about the person indicated as the recipient of the goods in the customs documents
3. Carrier of goods (optional to fill in)
information about the person indicated as the carrier of the goods
3. Information about the international transportation vehicle(s) on which the goods were located upon departure from the customs territory
1. Number of the international transportation vehicle
when transporting goods by road - registration numbers of vehicles of international transportation; when transporting goods by rail - numbers of railway wagons (platforms, tanks, etc.); when transporting goods by sea (river) transport - names of vessels; when transporting goods by air - flight numbers
2. Country code of registration of the international transportation vehicle
the code of the country (region) in which the international transportation vehicle is registered, and if the carriage uses a combination of international transportation vehicles, the country (region) in which the international transportation vehicle is registered, driving another vehicle (other vehicles) of international transportation
3. Container numbers
container identification numbers
Name
Description
4. Trailer numbers (optional)
numbers of trailers, semi-trailers, etc. (for road transport)
5. International transportation vehicle type code
10 - sea (river) transport; 20 - railway transport; 30 - road transport, except for vehicles of international transportation specified under codes 31, 32;31 - composition of vehicles of international transportation (tractor with semi-trailer or trailer);32 - composition of vehicles of international transportation (tractor with trailer (trailers) and a semi-trailer (semi-trailers));40 - air transport
6. Departure date
2. On behalf of the People's Republic of China, the General Customs Administration of the People's Republic of China is the authorized body responsible for the exchange of information under this Agreement.
3. The Eurasian Economic Commission shall coordinate the implementation of the provisions of this Agreement and organize the exchange of information, taking into account the provisions of this Agreement, using the integrated information system of the Eurasian Economic Union.
4. If the customs authorities of the member States of the Eurasian Economic Union act as the customs authorities of the country of departure or the country of transit, the relevant authorized bodies transmit information about goods and vehicles of international transportation to the integrated information system of the Eurasian Economic Union for transmitting such information to the authorized body of the People's Republic of China.
5. If the customs authorities of the People's Republic of China act as the customs authorities of the country of departure or the country of transit, the authorized body of the People's Republic of China transmits information about goods and vehicles of international transportation to the integrated information system of the Eurasian Economic Union for transmitting such information to the authorized bodies of the member States of the Eurasian Economic Union.
Article 5
Information exchange
1. Information on goods and vehicles of international transportation to be exchanged within the framework of the implementation of this Agreement is formed on the basis of information from customs documents.
Such information is exchanged electronically on a regular basis.
2. Information exchange is carried out in Russian or Chinese.
Information on individual banking details can be provided using the Latin alphabet.
When transmitting information presented in encoded form, classifiers and reference books developed on the basis of international standards are used.
3. In order to ensure the exchange of information within the framework of the implementation of this Agreement, the Parties will modernize their information systems and carry out all necessary technical work in advance to prepare for the exchange of information.
Article 6
Protection and use of information
1. The information received under this Agreement is confidential. The Parties restrict the access of third parties to such information, and also take measures to prevent its uncontrolled dissemination.
2. The information obtained under this Agreement is used exclusively for customs purposes by the authorized bodies of the member States of the Eurasian Economic Union and the People's Republic of China responsible for the exchange of information under this Agreement, and may not be used as evidence in administrative and criminal proceedings, as well as judicial proceedings without the written consent of the authorized body that submitted such information.
3. The authorized bodies of the member States of the Eurasian Economic Union, which have received information from the authorized body of the People's Republic of China, take measures to ensure the confidentiality of the information received and use methods to protect information from unauthorized access, similar to the measures and methods applied to similar information in accordance with the legislation of the member States of the Eurasian Economic Union.
The authorized body of the People's Republic of China, which has received information from the authorized bodies of the member States of the Eurasian Economic Union, takes measures to ensure the confidentiality of the information received and uses methods to protect information from unauthorized access, similar to the measures and methods used in relation to similar information in accordance with the legislation of the People's Republic of China.
4. The Eurasian Economic Commission and the authorized body of the People's Republic of China ensure the protection of information during its transfer between the integrated information system of the Eurasian Economic Union and the relevant information systems of the authorized body of the People's Republic of China.
Article 7
Cooperation on the implementation of the Agreement
1. The Parties shall hold a working meeting once a year to discuss the implementation of this Agreement.
If necessary, through consultations, the Parties may agree to hold additional working meetings.
2. Correspondence on the implementation of this Agreement is conducted in Russian or Chinese.
Article 8
Dispute resolution
Any disagreements that arise during the implementation of this Agreement are resolved through consultations and negotiations.
Article 9
Making changes to the Agreement
By mutual agreement of the Parties, amendments may be made to this Agreement, which are formalized in separate protocols and are an integral part of this Agreement.
Article 10
Joining and withdrawing from the Agreement
1. A new member State of the Eurasian Economic Union shall accede to this Agreement by agreement of the Parties reached through negotiations on its accession to this Agreement between the Parties to this Agreement and such new member State of the Eurasian Economic Union. Such accession is carried out by concluding an additional protocol to this Agreement.
The Eurasian Economic Commission shall immediately notify the People's Republic of China in writing of the receipt by any State of the candidate status for membership in the Eurasian Economic Union and the accession of the State to the Eurasian Economic Union.
2. The Eurasian Economic Commission shall immediately notify the People's Republic of China in writing of the withdrawal of the State from the Eurasian Economic Union.
Article 11
Entry into force of the Agreement
This Agreement shall enter into force 60 days after the date of receipt of the last written notification that the member States of the Eurasian Economic Union and the People's Republic of China have completed the internal procedures necessary for the entry into force of this Agreement. These notifications are exchanged between the Eurasian Economic Commission and the People's Republic of China.
Article 12
Termination of the Agreement
Either Party has the right to terminate this Agreement by sending a corresponding written notification to the other Party. The Agreement shall terminate upon the expiration of 6 months from the date of receipt of such notification by the other Party.
Committed in the city ________________ "____" _______________ 201_ in _____ copies, each in Russian and Chinese, both texts being they have the same power.
Download
For the Republic of Armenia
For the People's Republic of China
For the Republic of Belarus
For the Republic of Kazakhstan
For the Kyrgyz Republic
For the Russian Federation
For the Eurasian Economic Union
APPENDIX No. 1 to the Agreement on the Exchange of Information on Goods and Means of International Transportation Transported across the Customs Borders of the Eurasian Economic Union and the People's Republic of China
The composition of information to be exchanged at the initial stage of the implementation of the Agreement on the Exchange of Information on Goods and Vehicles of International Transportation Transported across the Customs Borders of the Eurasian Economic Union and the People's Republic of China
He handles Court cases
Наименование | Описание |
1. Информация о товарной партии | |
| 1. Уникальный номер товарной партии | номер декларации на товары |
| 2. Общее количество наименований товаров | количество наименований товаров в товарной партии (цифровое значение) |
2. Информация о лицах, перемещающих товары или выступающих инициаторами перемещения этих товаров | |
| 1. Отправитель товаров | код страны (региона) отправителя.Код отправителя, присвоенный в соответствии с законодательством Стороны (указывается при экспорте (вывозе) товаров).Сведения о лице, указанном в качестве отправителя товаров в таможенных документах |
Наименование | Описание |
| 2. Получатель товаров | код страны (региона) получателя.Код получателя, присвоенный в соответствии с законодательством Стороны (указывается при импорте (ввозе) товаров). Сведения о лице, указанном в качестве получателя товаров в таможенных документах |
| 3. Перевозчик товаров (необязательно для заполнения) | сведения о лице, указанном в качестве перевозчика товаров |
| 3. Информация о транспортном средстве (транспортных средствах) международной перевозки, на котором находились товары при убытии с таможенной территории | |
| 1. Номер транспортного средства международной перевозки | при перевозке товаров автомобильным транспортом - регистрационные номера транспортных средств международной перевозки;при перевозке товаров железнодорожным транспортом - номера железнодорожных вагонов (платформ, цистерн и т.п.); при перевозке товаров морским (речным) транспортом - наименования судов; при перевозке товаров воздушным транспортом - номера рейсов |
| 2. Код страны регистрации транспортного средства международной перевозки | код страны (региона), в которой зарегистрировано транспортное средство международной перевозки, а если в перевозке используется состав транспортных средств международной перевозки, - страны (региона), в которой зарегистрировано транспортное средство международной перевозки, приводящее в движение другое транспортное средство (другие транспортные средства) международной перевозки |
| 3. Номера контейнеров | идентификационные номера контейнеров |
Наименование | Описание |
| 4. Номера прицепов (необязательно для заполнения) | номера прицепов, полуприцепов и др. (для автомобильного транспорта) |
| 5. Код вида транспортного средства международной перевозки | 10 - морской (речной) транспорт;20 - железнодорожный транспорт;30 - автодорожный транспорт, за исключением транспортных средств международной перевозки, указанных под кодами 31, 32;31 - состав транспортных средств международной перевозки (тягач с полуприцепом или прицепом);32 - состав транспортных средств международной перевозки (тягач с прицепом (прицепами) и полуприцепом (полуприцепами));40 - воздушный транспорт |
| 6. Дата выезда | дата убытия товаров |
| 7. Номер таможенной пломбы (необязательно для заполнения) | идентификационный номер таможенной пломбы |
4. Информация о товарах | |
| 1. Код товара | классификационный код по Гармонизированной системе описания и кодирования товаров Всемирной таможенной организации (не менее 6 знаков) |
| 2. Описание товаров | наименование (торговое, коммерческое или иное традиционное наименование) товаров и сведения о товарных знаках, марках, моделях, артикулах, сортах, стандартах и иных технических и коммерческих характеристиках, а также сведения о количественном и качественном составе декларируемого товара (при наличии) |
Наименование | Описание |
| 3. Цена товара | цена товара, указанная в декларации |
| 4. Код валюты цены договора | в соответствии с классификатором ISO 4217 |
| 5. Общее количество грузовых мест | указывается количество грузовых мест декларируемых товаров в соответствии с таможенными документами |
| 6. Вес брутто товара (кг) | общая масса товара |
| 7. Вес нетто товара (кг) | масса декларируемого товара без учета какой-либо упаковки |
| 8. Описание упаковок | количество и вид |
| 9. Код страны происхождения товаров | код страны (региона) происхождения товаров |
| 5. Информация о товаросопроводительных, транспортных и иных документах | |
| 1. Код условия поставки, наименование географического пункта | сведения об условиях поставки в соответствии с классификатором условий поставки (Incoterms 2000 и Incoterms 2010) и название географического пункта, указанные во внешнеторговом договоре |
| 2. Номер внешнеторгового договора | номер внешнеторгового договора, указанный в декларации |
| 3. Сведения о транспортных (перевозочных) документах | номера и даты транспортных (перевозочных) документов |
President
Republic of Kazakhstan
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