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AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF LATVIA AND THE GOVERNMENT OF THE RUSSIAN FEDERATION REGARDING COOPERATION AND MUTUAL ASSISTANCE IN CUSTOMS MATTERS
The Government of the Republic of Latvia and the Government of the Russian Federation, hereinafter referred to as the Parties,
Considering that offences against customs legislation are prejudicial to the economic and social interests of their respective countries as well as to the legitimate interests of trade;
Considering the importance of assuring the accurate assessment of customs duties, taxes, and other charges collected on the importation or exportation of goods, as well as the proper implementation of the provisions of prohibition, restriction and control;
Convinced that efforts to prevent offences against customs legislation and efforts to ensure accurate collection of import and export duties, taxes and other charges can be made more effective through cooperation between their Customs Authorities;
Having regard to the Recommendation of the Customs Cooperation Council on Mutual Administrative Assistance (WCO) of December 5, 1953;
Having regard also to the provisions of the Single Convention on Narcotic Drugs, 1961, the Convention on Psychotropic Substances, 1971 and the Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988;
Have agreed as follows:
Article 1
DEFINITIONS
For the purposes of this Agreement:
1. "Customs legislation" shall mean provisions laid down by laws or regulations concerning the importation, exportation and transit of goods, whether relating to customs duties, taxes and other charges or to measures of prohibition, restriction or control, enforced by the Customs Authorities.
2. "Offence" shall mean any violation of customs legislation as well as any attempted violation of such legislation.
3. "Customs Authority" shall mean:
in the Republic of Latvia the State Revenue Service National Customs Board of the Republic of Latvia; and
in the Russian Federation the State Customs Committee of the Russian Federation.
4. "Requesting Customs Authority" shall mean the Customs Authority of a Party which makes a request for assistance in customs matters.
5. "Requested Customs Authority" shall mean the Customs Authority of a Party which receives a request for assistance in customs matters.
Article 2
SCOPE OF AGREEMENT
1. The Parties shall, through Customs Authorities of their States, and in accordance with the provisions set out in this Agreement render each other mutual assistance:
a) in order to ensure that customs legislation is properly followed;
b) in order to prevent, investigate and combat offences against customs legislation;
c) in cases concerning delivery/notification of documents regarding application of customs legislation.
2. Assistance within the framework of this Agreement shall be rendered in accordance with the legislation in force in the territory of the State of the requested Party and within the competence and resources of the requested Customs Authority. If necessary, a Customs Authority can arrange for assistance to be provided by another competent authority, in accordance with the legislation in force in the territory of the State of the requested Party.
Article 3
FACILITATION OF CUSTOMS FORMALITIES
1. The Customs Authorities shall, upon mutual consent, undertake necessary measures to facilitate customs procedures in order to facilitate and expedite movement of goods between the territories of the States of the Parties.
2. The Customs Authorities may, upon mutual consent, recognize applicable forms of customs documents in the Latvian and Russian languages.
Article 4
COMMUNICATION OF INFORMATION
1. The Customs Authorities shall, on their own initiative or upon request, supply to each other all information which may help to ensure:
a) the accuracy in collection of customs duties, taxes and other charges levied by Customs Authorities and, in particular, information which may help to assess the value of goods for customs purposes and to establish their tariff classification;
b) the implementation of import, export and transit prohibitions and restrictions;
c) the application of national rules of origin.
2. If the requested Customs Authority does not have the information asked for, it shall seek that information in accordance with the legislation in force in the territory of the State of the requested Customs Authority.
Article 5
INFORMATION ON MOVEMENT OF GOODS
Each Customs Authority shall, upon request, supply to the other Customs Authority the following information:
a) whether goods imported into the territory of the State of the requesting Customs Authority have been lawfully exported from the territory of the State of the requested Customs Authority;
b) whether goods exported from the territory of the State of the requesting Customs Authority have been lawfully imported into the territory of the State of the requested Customs Authority.
Article 6
FORMS OF COOPERATION AND MUTUAL ASSISTANCE
The Customs Authority of the State of one Party shall, on their own initiative or upon request, supply to the Customs authority of the State of the other Party all information likely to be of use to it relating to offences against customs legislation and in particular regarding:
a) persons known or suspected of committing offences against the customs legislation in force in the territory of State of the other Party;
b) new means and methods used in committing offences against the customs legislation;
c) goods known to be involved in the illicit traffic;
d) means of transport known or suspected of being used in committing offences against the customs legislation in force in the territory of the State of the other Party.
Article 7
FILES AND DOCUMENTS
The Customs Authority of the State of one Party shall, on its own initiative or upon request, supply to the Customs Authority of the State of the other Party reports, records of evidence or certified copies of documents giving all available information on activities, completed or planned, which constitute or appear to constitute an offence against customs legislation in force in the territory of the State of that Party.
Original files and documents shall be requested only in cases where certified copies would be insufficient. Files and documents which have been transmitted should be returned as soon as possible.
Article 8
COMPUTERISED INFORMATION
The documents provided for in this Agreement may be replaced by computerised information produced in any form for the same purpose. All relevant information for the interpretation or utilization of the material should be supplied at the same time.
Article 9
SURVEILLANCE OF PERSONS, GOODS AND MEANS OF TRANSPORT
The Customs Authority of the State of one Party shall, on its own initiative or upon request of the Customs Authority of the other Party, maintain surveillance over:
a) the movements, particularly entry into and exit from the territory of its State of persons known or suspected of committing offences against customs legislation in force in the territory of the State of the other Party;
b) any means of transport known to be, or suspected of being, used for committing offences against customs legislation in force in the territory of the State of the other Party;
c) the movements of goods which are reported by the Customs Authority of the State of the other Party as giving rise to substantial illicit traffic into or from the territory of the State of the other Party or are suspicious thereof.
Article 10
CONTROLLED DELIVERY
1. The Customs Authorities shall take in accordance with national legislation the necessary measures, within their possibilities, to allow for the appropriate use of controlled delivery at the international level, on the basis of agreements or arrangements mutually consented to, with a view to identifying persons involved in the illicit trafficking of narcotic drugs and psychotropic substances.
2. Decision concerning the use of controlled delivery shall be made on a case-by-case basis and may, if necessary, take into account financial arrangements and understandings reached by both Customs Authorities as regards its implementation.
3. Unlawful consignments in respect of which controlled deliveries are carried out in accordance with the arrangements made, may, with the agreement of both Customs Authorities, be intercepted and left for onward transportation with the unlawful consignment intact or removed, or wholly or partially replaced.
Article 11
ACTION AGAINST ILLICIT TRAFFIC OF SENSITIVE GOODS
The Customs Authorities shall, on their own initiative or upon request and without delay, supply to each other all relevant information on activities, detected or planned, which constitute or appear to constitute an offence against the customs laws in force in the territory of the State of one of the Parties in the field of:
a) movement of arms, ammunition, explosives and explosive devices;
b) movement of objects of art and antiquity, which present significant historical, cultural or archaeological value for one of the Parties;
c) movement of poisonous goods, radioactive materials as well as the substances dangerous for the environment and the public health;
d) movement of goods subject to substantial customs duties or taxes;
e) movement of sensible and strategic goods subject to non-tariff limitations in accordance with the lists agreed upon by the Customs Authorities.
Article 12
INQUIRIES
1. If the Customs Authority of the State of one Party so requests, the Customs Authority of the State of the other Party shall initiate official inquiries concerning operations which are, or appear to be, contrary to the customs legislation in force in the territory of the State of the requesting Customs Authority. It shall communicate the results of such inquiries to the requesting Customs Authority.
2. These inquiries shall be conducted under the legislation in force in the territory of the State of the requested Customs Authority. The requested Customs Authority shall proceed as though it was acting on its own account.
3. The requested Customs Authority may allow officials of the requesting Customs Authority to be present at such inquiries.
Article 13
ARRANGEMENTS FOR VISITING OFFICIALS
When, in circumstances provided for under this Agreement, officials of the Customs Authority of the State of one Party are present on the territory of the State of the other Party, they must at all times be able to furnish proof of their official capacity. They must not wear uniform nor carry arms.
Article 14
EXPERTS AND WITNESSES
If the judicial or the administrative authorities of the State of one Party so request in connection with offences against customs laws brought before them, the Customs Authority of the State of the other Party may authorize its officials to appear as experts or witnesses before those judicial or administrative authorities. Such officials shall give evidence regarding facts established by them in the course of their duties. The request for the appearance must clearly indicate, in what case and in what capacity the official is to appear.
The invitation of customs officials as experts and witnesses shall be made in accordance with legislation in force of the States of the Parties.
Article 15
USE OF INFORMATION AND DOCUMENTS
1. Information, communications and documents received under this Agreement, shall be used solely for purposes of this Agreement. They shall not be communicated or used for any other purposes unless the Customs Authority furnishing them approves in writing.
2. The provisions of paragraph 1 of this Article are not applicable to information concerning offences relating to narcotic drugs and psychotropic substances. Such information may be communicated to other authorities directly involved in the combat of illicit drug trafficking.
3. Requests, information, reports of experts and other communications received by one of the Customs Authorities in whatever form pursuant to this Agreement shall be afforded the same protection by the receiving Customs Authorities as is afforded to documents and information of the same kind under the national legislation of the State of that Party.
4. The Customs Authority may, in accordance with the purposes and within the scope of this Agreement, in their records of evidence, reports and testimonies and in proceedings brought before courts or the administrative authorities, use as evidence information and documents received in accordance with this Agreement.
The use made of such information and documents as evidence in courts or administrative proceedings and the weight to be attached thereto shall be determined in accordance with national legislation.
Article 16
DELIVERY/NOTIFICATION
Upon request, the requested Customs Authority shall, in accordance with the legislation in force in the territory of the State of the requested Party deliver/notify the natural or legal persons concerned, residing or established in the territory of its State, all documents and decisions falling within the scope of this Agreement which emanate from the requesting Customs Authority.
Article 17
FORM AND SUBSTANCE OF REQUESTS FOR ASSISTANCE
1. Requests pursuant to this Agreement shall be made in writing. Documents necessary for the execution of such requests shall accompany the request. When required because of the urgency of the situation, oral request may be accepted, but must be confirmed in writing immediately.
2. Requests pursuant to paragraph 1 of this Article shall include the following information:
a) the Customs Authority making the request;
b) the measure requested;
c) the object of and the reason for the request;
d) the laws, rules, regulations and other legal elements involved;
e) indications as exact and comprehensive as possible on the natural or legal persons being the target of the investigations;
f) a summary of the relevant facts.
3. Request shall be submitted in an official language of the State of the requested Customs Authority, or in English.
4. If a request does not meet the formal requirements, its correction or completion may be demanded, the ordering of precautionary measures shall not be affected thereby.
Article 18
EXCEPTIONS FROM THE LIABILITY TO RENDER ASSISTANCE
1. If the Customs Authority of the State of one Party considers that compliance with the request would be prejudicial to the sovereignty, security, public order or other economic interest of the State of that Party, it may refuse to provide the assistance requested under this Agreement, wholly or partially, or provide it subject to certain conditions or requirements.
2. If assistance is refused, the decision and the reasons for the refusal shall be notified in writing to the requesting Customs Authority without delay.
Article 19
IMPLEMENTATION
1. Assistance provided for under this Agreement shall be rendered directly by the Customs Authorities. Those authorities shall mutually agree on detailed arrangements for that purpose.
2. The Customs Authorities may arrange for their central and local enforcement, investigation and other services to be in direct communication with each other.
Article 20
TERRITORIAL APPLICABILITY
This Agreement shall be applicable to the customs territories of the States of both Parties.
Article 21
COSTS
Each Customs Authority shall waive all claims for reimbursement of costs incurred in the execution of this Agreement, with the exception of expenses for experts, witnesses, interpreters and translators not being State employees.
Article 22
ENTRY INTO FORCE AND TERMINATION
1. This Agreement shall enter into force on the thirtieth day from the date of the last written notification that all national legal procedures necessary for its entry into force have been completed by the Parties.
2. This Agreement is concluded for an indefinite period and shall stay in force six months after the date of a written notification of one of the Parties about its intention to terminate the Agreement.
Done in Riga, on 22 April 2002, in two original copies in the Latvian, Russian and English languages, all texts being equally authentic.
In case of divergence in interpretation, the English text shall prevail.
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For the Government |
For the Government |
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of the Republic of Latvia |
of the Russian Federation |
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Gundars Bērziņš |
Mikhail Vanin |
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Minister of Finance |
Chairman of the State Customs Committee |
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of the Republic of Latvia |
of the Russian Federation |
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