On the ratification of the Agreement between the Governments of the Member States of the Organization of Turkic States on the Establishment of a Simplified Customs Corridor

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The Law of the Republic of Kazakhstan dated September 23, 2024 No. 129-VIII SAM.

To ratify the Agreement between the Governments of the member States of the Organization of Turkic States on the creation of a simplified customs corridor, signed in Samarkand on November 11, 2022.

President

Republic of Kazakhstan

K. TOKAEV

Unofficial translation

Project

Agreement between the Governments of the member States of the Organization of Turkic States on the creation of a simplified customs corridor

The Government of the Republic of Azerbaijan, the Government of the Republic of Kazakhstan, the Cabinet of Ministers of the Kyrgyz Republic, the Government of the Republic of Turkey and the Government of the Republic of Uzbekistan (hereinafter referred to as the "Parties"),

Confirming the well-established cooperative relations between the Parties,

Recognizing the need to improve the effectiveness of customs control of goods and vehicles moving between the Member States of the Organization of Turkic States,

Striving to shorten the time and create conditions for simplifying customs control of goods and vehicles moving between the States of the Parties,

Understanding the importance of the role of customs administrations in supporting the movement of goods through the supply chain,

Taking into account the provisions of the national legislations of the States of the Parties, the standards and recommendations of the United Nations and the World Customs Organization, as well as the international practice of information exchange,

ensuring the development of a simplified customs corridor and its security,

We have agreed on the following:

Article 1

Basic terms

For the purposes of this Agreement, the following terms have the meanings given below:

a. "Simplified Customs Corridor" is an electronic system aimed at the early exchange of information on goods transported in trade between the Parties, allowing the Parties to facilitate customs procedures as much as possible, open for use on a voluntary basis and can be used on all modes of transport;

b. "Trade operators" - persons providing reliable information about goods and vehicles participating in the simplified customs corridor and completing customs procedures in accordance with the provisions of this Agreement.;

c. "Information exchange" - the exchange of information on exported goods and vehicles transported between the States of the Parties;

d. "Technical conditions" means the technical infrastructure and processing data, which will be detailed in a separate protocol, which will be an integral part of this Agreement.

Article 2

General provisions

1. The Parties will authorize the following customs authorities of the states of the Parties to implement this Agreement:

in the Republic of Azerbaijan - the State Customs Committee of the Republic of Azerbaijan;

in the Republic of Kazakhstan - the State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan;

in the Republic of Kyrgyzstan - the State Customs Service under the Ministry of Finance of the Republic of Kyrgyzstan;

in the Republic of Turkey - Ministry of Trade of the Republic of Turkey;

in the Republic of Uzbekistan - the State Customs Committee of the Republic of Uzbekistan.

2. The Simplified Customs Corridor (hereinafter referred to as the "TCB") is based on the exchange of information on the movement of goods and vehicles in accordance with information exchange technologies between the customs authorities of the States of the Parties.

Article 3

Object and scope of application

1. The content of the exchanged information is formed in accordance with the Annex to this Agreement, which is an integral part of this Agreement.

2. Information exchange should be carried out on shipments carried out by commercial operators using TCB, and on a voluntary basis.

3. The technical conditions for the exchange of information must be developed and approved by the customs authorities of the States of the Parties within 6 (six) months after the signing of this Agreement.

4. TCB should be a generally accepted practice applicable to all modes of transport and all types of goods.

5. The customs authorities of the States of the Parties should avoid contradictions regarding this Agreement, which may prejudice the voluntary nature of these regulations in relation to companies not participating in the TC.

6. The TC should be transparent, predictable and non-discriminatory. The practice of TCB should not lead to any unfair competition.

Article 4

Benefits provided to trading operators under the TC

Trading operators should have the following advantages:

a) the priority procedure for customs clearance at checkpoints / destinations in accordance with the national laws of the States of the Parties;

(b) Simplified Customs formalities, where possible, including separate lanes to reduce clearance time;

c) non-application of customs inspection at checkpoints / destinations, except in cases where a risk of violation of the customs legislation of the States of the Parties has been identified. If a customs inspection is necessary, it should be carried out as soon as possible.

Article 5

Use of information and documents

1. The customs authorities of the States of the Parties shall ensure the use of information obtained under this Agreement for the purposes of customs clearance and customs control of goods and vehicles moving between the States of the Parties.

2. Information received by the customs authorities of the States of the Parties is used exclusively for customs purposes and cannot be transferred to third parties without the written consent of the customs authority of the state of the Party that provided the information.

3. The customs authorities of the States of the Parties, when organizing the electronic exchange of information on goods and vehicles transported between their states, should use the norms, standards and recommendations of the United Nations, the World Customs Organization, national legislations of the States of the Parties and international best practices in information exchange.

4. In accordance with their national legislation, the customs authorities of the States of the Parties shall take appropriate measures against violations of this Agreement and inform each other about these violations, as well as about inconsistencies and/or unreliability of data obtained during the exchange of information on goods and vehicles moving between the States of the Parties.

Article 6

The implementation process

The customs authorities of the States of the Parties shall determine a list of relevant authorized customs officials for establishing direct contacts in order to:

a) development and coordination of technical conditions for information exchange and data processing and transmission technology, as well as data security requirements,

b) settlement of technical problems that have arisen during the implementation of this Agreement.

Article 7

Pilot Project

1. In order to develop information exchange technologies provided for in this Agreement, the customs authorities of the States of the Parties shall organize and implement a Pilot Project lasting 6 (six) months after the entry into force of this Agreement, which may be extended on the basis of mutual written consent of the customs authorities of the States of the Parties.

2. During the first 3 (three) months of the Pilot Project, the customs authorities of the States of the Parties must agree:

a) Basic technical conditions for information exchange;

b) the list, structure and format of the transmitted data;

c) Information security requirements;

d) the procedure for organizing cooperation between the customs authorities of the States of the Parties within the framework of the TC procedure;

e) the customs authorities of the States of the Parties shall determine the customs authorities of their respective Administrations in which customs operations should be carried out with goods that are transported in accordance with the TCB.

3. The customs authorities of the States of the Parties shall inform each other in writing about their readiness to launch a Pilot Project and about the customs authorities involved in the project.

4. During the next 3 (three) months, the Parties must implement the TCB in practice.

Article 8

Relationship with other international agreements

The provisions of this Agreement do not affect the rights and obligations of the Parties arising from other international treaties and conventions to which they are parties.

Article 9

Dispute resolution

1. Any disputes that may arise in connection with the interpretation or application of this Agreement shall be resolved primarily through negotiations and consultations between the Parties. Unresolved issues within the framework of such a process should be resolved through diplomatic channels.

2. Each Party may request advice from the other Party regarding disputes related to the interpretation, application and amendment of this Agreement, or the settlement of any possible dispute that may arise.

3. Any negotiations or consultations to be conducted between the Parties under paragraphs 1 or 2 of this Article must begin within 20 (twenty) days of receipt of the written request, unless otherwise decided.

Article 10

Additions and amendments

1. This Agreement may be amended and supplemented by mutual written agreement of the Parties through separate protocols that are an integral part of this Agreement.

2. The amendments shall enter into force in accordance with article 11 of this Agreement.

Article 11

Entry into force, duration and termination

1. The Parties shall inform the Depositary in writing through diplomatic channels of the completion of their internal procedures necessary for the entry into force of this Agreement. This Agreement shall enter into force on the thirtieth day after the date on which the depositary informs the other Parties that all Parties have completed the internal procedures necessary for the entry into force of this Agreement.

2. This Agreement is concluded for an indefinite period and either Party may terminate its participation in this Agreement by sending a written notification to the Depositary of its intention to terminate this Agreement through diplomatic channels. In this case, this Agreement shall terminate three months after the date of receipt of such notification. Termination of this Agreement will not affect any transactions that are already underway.

3. The Secretariat of the Organization of Turkic States is the depositary of this Agreement. The Depositary shall provide certified copies of this Agreement to all Parties.

Done in Samarkand on November 11, 2022, in six original copies in Azerbaijani, Kazakh, Kyrgyz, Turkish, Uzbek and English, all texts are authentic. In case of any disagreement regarding the interpretation of this Agreement, the English text will be used.

On behalf of the Government of the Republic of Azerbaijan

On behalf of the Government of the Republic of Kazakhstan

On behalf of the Cabinet of Ministers of the Kyrgyz Republic

On behalf of the Government of the Republic of Turkey

On behalf of the Government of the Republic of Uzbekistan

Application

The content of shared information

The code of the export customs authority

Name of the sender/exporter

Sender/Exporter's address

Products

Total number of packages

Registration number

Recipient's name

Identity, nationality of the vehicle at departure

Container

Terms of delivery

Identity, nationality of the moving vehicle crossing the border

Currency and total amount of the invoice

Departure point

Packaging and product description (brands and numbers, container number, quantity and type)

Product number

Product code (10 digits)

Country of origin code

Gross weight - kg

Net weight

Additional units of measurement

Additional information / Documents provided/ Certificates and permits

Departure point

Customs destination (and country)

Invoice number and date

The code of the customs authority of entry

Code of the import customs authority

Name and number of the transport document

Number of attached documents

Date of the transport document

Country of origin information

Customs value

President

Republic of Kazakhstan

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