Статья 11«Протокол между Федеральной таможенной службой (Российская Федерация) и Египетской таможенной администрацией об обмене информацией, необходимой для осуществления таможенного контроля после выпуска товаров» [рус., англ.]

Настоящий Протокол вступает в силу с даты его подписания и заключается на три года и автоматически продлевается на аналогичный период, если ни одна из Сторон не позднее чем за шесть месяцев до истечения периода действия настоящего Протокола не уведомит по дипломатическим каналам другую Сторону о своем намерении прекратить его действие.

Совершено в г. Москве 23 октября 2015 года в двух экземплярах, каждый на русском, арабском и английском языках. Все тексты имеют одинаковую силу.

В случае возникновения разногласия, в целях толкования настоящего Протокола будет использоваться текст на английском языке.

The Federal Customs Service (Russian Federation) and the Egyptian Customs Authority, hereinafter referred to as the Parties,

Recognizing the importance of the accurate assessment of customs duties, taxes and other charges and ensuring the proper application of the prohibition, restriction and control measures in relative to imported and exported goods,

Seeking to enhance the efficiency of customs control on goods and vehicles moving between the territories of the Parties,

In order to establish better conditions for trade between the Parties and to combat customs duty, tax and other chargers evasion,

Have agreed as follows:

Terms for the purposes of this Agreement:

a) «Customs administration» shall mean:

in the Russian Federation — the Federal Customs Service;

in the Arab Republic of Egypt — the Egyptian Customs Authority;

b) «Customs payments» shall mean all duties, taxes, fees or any other charges which are levied in the territories of the Contracting Parties in application of Customs law, but not including fees and charges for commercial services rendered;

c) «Customs legislation» shall mean international agreements laws and regulations of the states of the Parties administered and applied directly by the Customs administrations, as well as any legal acts issued by the Customs administrations within their responsibility, including the movement of goods through the customs border, storage of goods, placing of the goods under the customs procedures;

d) «Customs offence» shall mean any violation or attempted violation of Customs law;

e) «Information» shall mean any data (documents, reports and their attested copies or any other communications) sent in any form in accordance with the national legislations;

f) «Requested Party» shall mean the Customs administration, which receives a request for assistance in customs matters according to this Protocol or render such assistance;

g) «Requesting Party» shall mean the Customs administration, which makes a request for assistance in customs matters according to this Protocol or receive such assistance.

The subject of this Protocol is information exchange needed for post-clearance audit for the purposes of proper assessment of customs value of goods exchanged between the territories of the states of the Parties and of verification of data submitted on respective customs operations, after release of goods.

1. For the purposes of effective customs control, the Parties shall on their own initiative or upon request provide the following information:

a) Authenticated copies of customs declarations, invoices, shipping and transport documents submitted to customs clearance;

b) Electronic database data;

c) Additional information for post-clearance customs audit.

2. The Parties shall in accordance with their legislation assist each other in:

a) prevention of illegal actions and offences in order to protect economic interests of their states by customs control after release of goods exchanged between the territories of the states of the Parties and to ensure full payment of customs duties;

b) Verification of information provided in regard to the transaction referred to in the customs declaration. To these ends, measures may be taken to confirm or examine financial, commercial or bank records on the transaction which was made with the seller or the manufacturer located in exporting state.

3. For the purposes of the Protocol the Parties cooperate in the following fields:

a) Examination of practices on customs value control and control on commodity classification in accordance with the Activity Commodity Classification based on the Harmonized Commodity Description and Coding System of the World Customs Organization for more effective validation of the declared data on goods and vehicles, i.e. through expert training within the limits of the Parties' capabilities;

b) Exchange of information on customs duties evasion schemes and methods.

1. Information received by the Parties under the Protocol is confidential and may be used solely by the Parties and solely for the purposes set in the Protocol. It may be used for other purposes solely upon written consent of the Party which provided such information.

2. The Party which receives any information under the Protocol shall ensure its protection in accordance with the legislation of its state relating to confidential information protection.

3. The Parties may use information and documents received under the Protocol as evidence in administrative and judicial proceedings in accordance with the legislation of the state of the Party.

The reasons for the request of documents and data, hereinafter referred to as the request, shall be:

a) Data indicating possible offences against customs law of the states of the Parties;

b) customs control carried out by customs bodies after the release of goods moved between the territories of the states of the Parties as stipulated in the legislation of the states of the Parties;

c) Inaccuracy of the declared data on customs value revealed before the release of goods.

1. The request made under the Protocol shall be submitted in written with the documents attached, which are necessary for its execution. In urgent cases requests and replies thereto may be conveyed via e-mail or fax followed by mail delivery.

2. The request made under the Protocol shall contain the following information:

Name of the requesting Party;

Reference to the protocol;

Reason and aim of the request;

Accurate and comprehensive data on goods which are subject of the request, if necessary;

Summary description of the matter in consideration;

Actions taken by the requesting customs administration to verify the authenticity of the customs offences.

3. The request shall be made in the official language of the state of the Party or in English.

4. If the request does not meet the requirements set in this Article, the requested Party may demand its adjustment or supplement, at the same time preliminary work on its execution may be performed.

1. The request is executed in a period of time not exceeding one month from receipt and not exceeding two weeks if the request is marked as «urgent». The requested Party may require additional information, if it is necessary for the execution of the request.

2. The requested Party shall send the reply to the request with its reference number to the official of the requesting Party who signed the letter which contains the request. The reply should include the following:

a) Requested documents and data;

b) Information on the examination accomplished and its results if the examination accomplished by the local customs authorities;

c) Certified copies of customs, commercial, shipping (transport) or any other documents related to the subject of the request;

d) Other documents and data from the other party which may contribute to the decision making.

3. If the requested Party does not possess the requested information, it shall take measures to obtain such information in accordance with the legislation of its state. The requested party shall provide an appropriate answer containing the reasons of not accomplishing the request.

4. The Parties may exchange any information or data included in this protocol electronically.

The information on the request shall be refused, if:

1. The request does not meet the requirements set in Article 4 of the Protocol;

2. The requesting Party does not convey the necessary information within two months from the date when it was requested for additional information necessary for its execution;

3. The request cannot be executed for objective reasons beyond control of the requested Party;

4. Execution of the request prejudices sovereignty or national security or is contrary to the legislation and international agreements of the state of the requested Party.

The disputes in implementation and application of the provisions of this Protocol which may arise between the Parties are settled through consultations and negotiations.

By mutual consent of the Parties, the Protocol may be amended and supplemented.

The Protocol comes into effect from the date of its signature and it shall be effective for three years and will be renewed automatically for similar periods unless one party notifies the other party in written through the diplomatic channels with its intention to terminate it at least six months before the termination date.

Done in Moscow on «23» October 2015 in two original copies in Russian, Arabic and English. All texts are equally authentic. In case of divergence of interpretation, the English text shall prevail.

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