On approval of the agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on cooperation in customs affairs

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Law of the Republic of Kazakhstan dated December 30, 1999 No. 16-II

Approve the agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on cooperation in customs affairs, concluded in Tashkent on October 31, 1998.

President Of The Republic Of Kazakhstan

Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on cooperation in customs affairs

(Entered into force on December 8, 2004-official website of the Ministry of Foreign Affairs)

The Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan, hereinafter referred to as the parties, wishing to develop good-neighborly relations, including through cooperation in the field of customs affairs, seeking to develop and accelerate passenger and freight traffic between the states of the parties through cooperation of the customs services, taking into account that compliance with customs laws and the fight against Customs offenses will be,  the following agreed on the following:

Article 1 definitions

The terms used for the purpose of this Agreement mean: "customs laws" - a set of legal norms of the states of the parties governing the procedure for the import, export and transit of goods, hand luggage and baggage of passengers, currency and other valuables, international postal items, customs duties, fees and other payments, the provision of benefits for customs payments, the establishment of prohibitions and restrictions, as well as control over the movement of goods across the customs borders of the countries of the parties; "Customs Service" - Central customs authorities of the states of the parties; "customs offense" - violation or attempt to violate customs laws; "person" - individual and legal entity; "narcotic drugs" - substances included by the UN in the list of the Unified Convention on Narcotic Drugs of 1961 with subsequent amendments and additions; "Psychotropic Substances" - substances included by the UN in the list of the Convention on Psychotropic Substances of 1971 with subsequent amendments and additions; "precursors" - substances and their salts, which are classified by international conventions as chemical materials used for the production of narcotic drugs and psychotropic substances;" controlled transfer " - a method according to which the import, export or transit of Narcotic Drugs, Psychotropic substances suspected of being illegal or illegal under the permission and control of competent authorities in order to identify persons related to the illicit trafficking of narcotic drugs and psychotropic substances in the territories of one of the states of the parties is allowed; "certificate" - an official document confirming the actual registration of goods in accordance with the laws of the country in which the customs clearance of goods was carried out.

Article 2 Scope of the agreement

In order to comply with the laws of the states of the parties within their competence through the customs services on the basis of this Agreement, the parties shall: A) improve customs control over passenger and cargo traffic between the states of the parties, as well as international postal items; B) ensure the correct receipt of customs duties, fees and other payments, as well as the application of Customs benefits; C) prevent, verify and suppress customs offenses;  D) cooperation between the two states in the field of simplification of customs clearance procedures.

Article 3 simplification of customs clearance

1. Customs Services: a) take the necessary measures to simplify customs clearance by mutual agreement; b) recognize each other's customs support (seals, stamps, stamps) and customs documents, and, if necessary, use their own customs support for the goods sold. 2. Goods and vehicles, passengers ' baggage and international postal items transported across the customs border between the states of the parties, including in transit, are exempt from customs inspection, except in cases where their import, export and transit are prohibited in accordance with the laws of the states of the parties or there are grounds for ruling that a customs offense has occurred.

Article 4 issuance of certificates

1. the Customs Services shall issue to each other upon request a certificate confirming the import or export of goods imported into the territory of one party or exported from it to the territory of the other party on a legal basis. The certificates indicate the types and results of customs procedures according to which the goods are executed. 2.The Customs Services shall inform each other upon request that certificates or other documents issued by the customs authorities subordinate to them are the original version and contain all the necessary data.

Article 5 Combating Illicit Trafficking in Narcotic Drugs and Psychotropic Substances

1. Customs services, in order to intensify actions to prevent, investigate and suppress illicit trafficking in narcotic drugs, psychotropic substances, their equivalents and precursors, without prior request and as soon as possible within the limits of the laws of the States of the Parties, are obliged to inform each other: a) that they are engaged in illicit trafficking in narcotic drugs, psychotropic substances, their equivalents and precursors about known or suspected persons; B) inform each other about vehicles known to be used for the illicit trafficking of Narcotic Drugs, Psychotropic Substances, their alternatives and precursors, including containers and international postal items, as well as about new methods of controlling them. 2.the customs services, without prior request, inform each other about the existing methods of illegal trafficking of Narcotic Drugs, Psychotropic Substances, their alternatives and precursors, as well as about new methods of controlling them. 3. Information, notifications and documents received from any of the parties in accordance with paragraphs 1 and 2 of this article may be transferred to law enforcement and other state bodies engaged in combating drug addiction and Illicit Trafficking in Narcotic Drugs, Psychotropic Substances, their alternatives and precursors. 4. The Customs services, on the basis of the laws of the States of the Parties and by mutual agreement, if necessary, apply the method of controlled transfer of narcotic drugs, psychotropic substances, their equivalents and precursors in order to identify persons involved in their illicit trafficking.  The decision to use controlled transfer methods is individually applied by the parties on a case-by-case basis and, if necessary, takes into account the financial arrangements of the parties.

Article 6 provision of information

1.the Customs Services shall provide each other upon request by sending to their authorities: (a) information on cases related to the receipt of customs duties, fees and other payments, as well as the use of Customs benefits; (b) information on actions committed or being prepared that contradict the customs law of the state of the Requested Party, including notifications, protocols and other materials or their certified copies. 2. The customs services, as soon as possible, inform each other, including without prior request, of data on possible customs offenses that have the exclusive interest of the parties in the fight against it. This is primarily due to: a) goods that may pose a threat to the environment and public health; B) weapons, ammunition, explosives and toxic substances, explosive devices; C) objects of significant historical, artistic, cultural and archaeological value; d) goods of special importance and subject to the imposition of high customs duties, excise taxes and other taxes in accordance with the laws of the states of the parties; E) related to customs offenses in the sale of goods of special importance and related to economic policy measures in accordance with the laws of the states of the parties.

Article 7 issuance of documents

1.the customs services of the states of the parties exchange copies of the current law and other normative acts on customs issues and inform each other of all changes and additions made to the customs laws without delay. 2.the Customs Service of the state of one party, at the request of the Customs Service of the state of the other party, shall issue a copy of the decisions of the administrative bodies of its state on the application of customs laws.  3. Requests for the transfer of documents may not be recorded in accordance with this article, except for the requirement provided for in subparagraph "d" of Paragraph 2 of Article 11 of this Agreement.  4.the receipt of documents is confirmed by the customs service that requested it, indicating the date of receipt.

Article 8 Exchange of experience and assistance

1. Customs Services exchange information: A) on the practice of using technical means of its activities and control; b) on new ways and means of committing customs offenses; C) on other customs issues of mutual interest to both parties.  2. Customs services provide each other with: a) Exchange of employees in cases of mutual interest, as well as for the purpose of familiarizing themselves with the technical means used by Customs Services; b) training and improvement of personnel in special skills;  C) exchange of experts on customs issues; d) assistance in the field of customs affairs, including the exchange of Professional, Scientific and technical data on customs issues.

Article 9 verification

1.at the request of the Customs Service of the state of one party, the Customs Service of the state of the other party shall conduct an inspection or inspection on the issues provided for in paragraphs "B" and "B" of Article 2 of this Agreement. The results of the inspection or inspections shall be notified to the customs service that made the request in accordance with the procedure provided for in Paragraph 1 of Article 6 of this Agreement. 2.the inspection or inspection shall be carried out in accordance with the laws in force on the territory of the state of the Requesting Party. The requested Customs Service, acting on its own behalf, conducts an inspection or inspection. 3. The requested Customs Service may allow the requesting Customs Service officials to be present during such inspections or inspections. 4.an official of the state of one party must have documentary confirmation of his official powers during his stay in the territory of the state of the other party in the cases provided for by this Agreement, and must not wear uniforms or have weapons.

Article 10 experts and witnesses

1.the Customs Service of the state of the other party may authorize its employees to participate in such judicial or administrative proceedings as witnesses or experts if the judicial or administrative bodies of the state of one party make a corresponding request in connection with the customs offenses under consideration. These employees give testimony or an opinion on the facts revealed during the time they performed their official duties. In the request for participation in judicial or administrative enrichment, it is necessary to indicate in which case and by whom the employee of the requested customs service should participate. 2.the procedure for convening witnesses and experts is regulated by the agreement between the Republic of Kazakhstan and the Republic of Uzbekistan on legal assistance and legal relations in civil, family and criminal cases dated June 2, 1997.

Article 11 form and content of requests

1.the request provided for in Paragraph 1 of Article 9 of this agreement is sent in writing and written in the official language of the state of the Requesting Party, in Russian or in another language used for the Customs Service of the state of the other party. The documents required to execute the request must be attached in an officially certified copy or photocopy.  2. the request contains the following data: a) the name of the customs authority whose interests are based on the request; B) the subject and reason for the request; C) the type of procedure;  d) include surnames, addresses and other data on the participants in the procedure; e) a brief description of the subject of the case and its legal qualifications.

Article 12 execution of requests

1. Customs officers shall assist each other in fulfilling requests in accordance with the laws of the States of the Parties and within their competence.  2. The execution of a request is refused if its execution damages the sovereignty or security of the State of the requested party or contradicts international obligations or laws.  3. The requesting Customs service shall be immediately notified in writing of the refusal to execute the request, as well as the reasons for the refusal.

Article 13 documents

1.the issuance of original documents upon request is carried out in cases where there are not enough officially certified copies or photocopies.  2.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 state of the Requested Party or the state that is not a party to this Agreement shall not be infringed.

Article 14 use of Information and documents received

1.when conducting inspections or inspections, the customs services may use the information and documents obtained in accordance with this Agreement as evidence in their protocols, notifications or other materials, Judicial or administrative considerations related to the consideration of Customs offenses. The assessment of this information in judicial or administrative considerations is determined in accordance with the laws of the state of the Requesting Party. 2. Information, notifications and documents provided on request are used only for the purpose of fulfilling this Agreement and may not be transferred to anyone, used for other purposes and disclosed without the written consent of the customs service that issued them. 3.the provisions of Paragraph 2 of this article do not touch on materials on violations related to the illegal use of Narcotic Drugs, Psychotropic Substances, their alternatives and precursors. Such information can be transmitted to government agencies directly involved in the fight against Illicit Trafficking in Narcotic Drugs, Psychotropic Substances, their analogues and precursors.

Article 15 reimbursement of expenses

1.The requesting Customs Service shall reimburse the requested Customs Service for expenses incurred in the order of execution of this agreement in connection with the payment of labor for experts and translators who are not working in 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 customs officers of the states of the parties.

Article 16 procedure for making changes and additions

By agreement of the parties, amendments and additions may be made to this Agreement. Amendments and additions are drawn up in separate protocols, which are an integral part of this Agreement and enter into force in accordance with the procedure established by Article 20 of this Agreement.

Article 17 execution of the agreement

1.shall be carried out directly between any cooperating customs services provided for in this Agreement.  2.within the framework of its competence, the Customs Services issue regulatory acts necessary for the implementation of this Agreement.  3.in order to implement this Agreement, customs officers of the states of the parties may conclude separate agreements on issues of bilateral customs relations.

Article 18 resolution of controversial issues

All disputes arising between the parties in connection with the implementation and application of the provisions of this Agreement shall be resolved through negotiations and consultations.

Article 19 separate provisions

The provisions of this Agreement do not affect the obligations of the parties adopted in accordance with other international treaties.

Article 20 final provisions

This Agreement shall enter into force from the date of receipt by the parties of the last written notification of the implementation of the necessary intra-state procedures provided for by the laws of both parties. This agreement is valid until the expiration of six months from the date of receipt by one party of written notification from the other party of its intention to terminate this Agreement.  It was created in Tashkent on October 31, 1998 in two copies in Kazakh, Uzbek and Russian, and all texts are equally valid.

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

Read More: Kasymbekov B. A. Ikebayeva A. Zh.

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Republic of Kazakhstan

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