Статья 10«Протокол между Федеральной таможенной службой (Российская Федерация) и Египетской таможенной администрацией об обмене данными о таможенной стоимости 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,

Desiring to provide the effective control on the declared customs value of goods moved between the Russian Federation and the Arab Republic of Egypt,

Considering the importance of enhancing effectiveness of customs control of goods exchanged between the Russian Federation and the Arab Republic of Egypt, for the purposes of creating better conditions for legitimate trade between the two states,

With the view to combat non-compliance of payment of customs duties, taxes and other charges levied on import and export of goods,

Article 1

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 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, concerning moving of goods through the customs border, storage of goods, placing of goods under the customs procedures;

d) «Information» shall mean any data (documents, reports and their attested copies or any other communications) sent in any form;

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

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

1. On their own initiative or advance request, the Parties provide each other with the information and document concerning the customs value of goods to tighten the customs control, notably:

1. Authenticated copies of customs declarations, invoices and cargo and transport documents, declared during customs release;

2. Data from the electronic data bases;

3. Additional information to control customs value.

2. Pursuant to the legislation of its state, the requested Party renders assistance to the other Party for the purposes of implementation of measures to prevent illegal activities and violations during the process of controlling the customs value of goods exchanged through the customs borders as well as ensuring the payment of the accrue customs duties and taxes.

3. Within the framework of execution of this Protocol, the Parties cooperate in study of the practice of declaration and control of customs value during goods movement for the increase of efficiency of methods used to provide authenticity of declared data including training of experts in the framework of building the capacities of the Parties.

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 determining the order of 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 states of the parties.

Requests are submitted on the following bases:

1. available data testifying the possible violation of customs legislation requirements of the state of the requesting customs body;

2. customs control procedures according to the customs legislation of the states of the Parties.

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;

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.

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

4. If the request does not meet the requirements set in the 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:

• documents and information in accordance with the request;
• information on the examination accomplished and its results if the Customs body of the requested Party executed such examination;
• officially certified copies of the customs, commercial, transport (shipping) and other documents relevant to the request;
• other documents and information that may contribute to make a decision by the requesting Party.

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. If the request cannot be rendered due to the reasons which do not depend on the requested Party, it shall provide an appropriate answer specifying the reasons of not accomplishing the request.

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

Providing with information on request shall be refused if:

a) the request does not meet the requirements specified in Article 5 of this Protocol;

b) the requesting Party does not provide the necessary information within two month from the date when it was requested for additional information necessary for its execution;

c) the request cannot be executed for objective reasons beyond control of the requested Party;

d) execution of the request may prejudice the sovereignty, national security, contradict to the legislation of the state or international agreements of the state of the requested Party.

Disputes between the Parties arising from the interpretation and implementation of the provisions of this Protocol shall be 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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