Статья 9«Протокол между Федеральной таможенной службой (Российская Федерация) и Министерством торговли Республики Союз Мьянма об административном сотрудничестве, обмене информацией и взаимопомощи в рамках единой системы тарифных преференций Евразийского экономического союза» [рус., англ.]

Настоящий Протокол вступает в силу с даты его подписания.

Любая из Сторон может прекратить действие настоящего Протокола путем направления другой Стороне письменного уведомления о своем намерении. В этом случае действие настоящего Протокола прекращается по истечении шести месяцев с даты получения упомянутого уведомления.

Совершено в г. Нейпьидо 5 декабря 2022 г. в двух экземплярах, каждый на русском, мьянманском и английском языках, причем все тексты имеют одинаковую силу. В случае расхождений в толковании настоящего Протокола используется текст на английском языке.

The Federal Customs Service (the Russian Federation) and the Ministry of Commerce of the Republic of the Union of Myanmar, hereinafter referred to as the Parties,

taking into account that the Unified System of Tariff Preferences of the Eurasian Economic Union (hereinafter referred to as the «EAEU USTP», «EAEU») contributes to the development of bilateral trade relations,

considering that the information exchange shall serve the objectives of an appropriate application of the EAEU legislation in applying EAEU USTP as well as strengthen and intensify trade and economic relations between the Russian Federation and the Republic of the Union of Myanmar,

bearing in mind that the Russian Federation provides tariff preferences in respect of goods imported from the Republic of the Union of Myanmar in accordance with the EAEU USTP,

Article 1

For the purposes of implementation of this Protocol, the following terms are used:

1. «Eurasian Economic Commission», hereinafter referred to as the EEC — the permanent regulatory body of the EAEU determining conditions and procedures for EAEU USTP application;

2. «EAEU USTP legislation» — legal acts, which form the EAEU legislation and regulate the EAEU USTP;

3. «Certificate of Origin of Goods, Form А» — a document attesting the country of origin in accordance with the EAEU USTP legislation, issued by the Myanmar Party or its authorized units;

4. «Verification» — determination of the authenticity of Certificates of Origin of Goods, Form A, and (or) validity of the information contained in Certificates of Origin of Goods, Form A, and (or) providing additional or elaborating data (including compliance assessment of the goods origin criteria with the EAEU USTP legislation) and (or) duplicates of the supporting documents pursuant to the issuance of such Certificates of Origin of Goods, Form A;

5. «Electronic verification system» — an electronic system for storage of information on the Certificates of Origin of Goods, Form A, developed by the Myanmar Party, allowing to the Russian Party to verify Certificates of Origin of Goods, Form A, via the information and telecommunication system «Internet».

1. The Parties on their own initiative or upon request shall exchange the information used to ensure application of the EAEU USTP legislation.

2. Within 10 days after this Protocol is signed, the Parties inform each other by an exchange of letters on the authorized officials contact information with indication of their names, positions, postal addresses, phone numbers, e-mail addresses and other means of communication, as well as inform each other on any changes in this contact information as soon as possible but not later than 30 days after such changes took place.

3. The Myanmar Party obtains the EEC contact information from the official website of the EEC eec.eaeunion.org.

The Myanmar Party shall provide the EEC with six copies of the information on its name and address, as well as names and addresses of its authorized units, and on samples of seal impressions used to attest the Certificates of Origin of Goods, Form A.

Samples of seal impressions shall be original and clear as to allow their unambiguous identification in terms of their positive authenticity.

Requirements for the administrative cooperation stipulated in the EAEU USTP legislation are considered to be fulfilled from the date the EEC received from the Myanmar Party the information mentioned in this Paragraph.

4. The Myanmar Party shall immediately inform the EEC on any changes in the information mentioned in the Paragraph 3 of the present Article.

5. From the date when this Protocol enters into force and before introduction of the electronic verification system, the Myanmar Party shall every three months submit to the Russian Party the information on the amount of issued Certificates of Origin of Goods, Form A, indicating their numbers and dates of issuance, as well as the names of exporters and consignees of the goods, and the description and quantity of goods provided therein.

1. In accordance with the EAEU USTP legislation the Russian Party is entitled to request the Myanmar Party to confirm the authenticity of the Certificates of Origin of Goods, Form A and (or) the validity of the information contained therein or to provide additional or elaborating data, including on review of compliance with the goods origin criteria of the EAEU USTP legislation, and (or) duplicates of the supporting documents pursuant to the issuance of the Certificate of Origin of Goods, Form A.

2. A copy of the Certificate of Origin of Goods, Form A, in question shall be attached to the request of verification.

The request shall contain the reasons for sending such request and other additional information indicating which data contained in the Certificate of Origin of Goods, Form A, may be inaccurate, except for the cases of random verification.

The request shall be made in English and sent by e-mail with the original of the request sent by mail.

3. Verification shall be carried out by the Myanmar Party in accordance with its national legislation.

4. Information on verification results shall be sent to the Russian Party as soon as possible, but no later than six months after the date of sending the request.

The letter on verification results shall be made in English and sent by e-mail with the original of the letter sent by mail.

5. Information on the results of verification shall contain all data requested by the Russian Party, and be supported by the relevant documents if the request contains an inquiry for duplicates of documents in accordance with which Certificate of Origin of Goods, Form A was issued.

1. Six months after this Protocol enters into force, the Myanmar Party shall provide the Russian Party with the access to the electronic verification system with the corresponding access profiles.

2. In order to discuss issues and develop proposals related to operation of the electronic verification system, the Parties shall establish a working group (hereinafter — Working Group).

3. The Working Group meetings will be held alternately in the territories of the States of the Parties when needed or upon the decisions made during consultations between the Parties. Working Group meetings may also be held remotely with the use of information technologies.

4. The Myanmar Party shall:

1. ensure that the information contained in the electronic verification system on Certificates of Origin of Goods, Form A issued by the Myanmar Party or its authorized units is complete, relevant and accurate;

2. ensure protection of information contained in the electronic verification system from unauthorized access, destruction, modification and other misconduct;

3. ensure proper round-the-clock operation of the electronic verification system;

4. ensure storage of soft copies of Certificates of Origin of Goods, Form A, in the electronic verification system at least for three years from the date of their issuance.

5. The record on Certificate of Origin of Goods, Form A, issued by the Myanmar Party or its authorized units shall be put into the electronic verification system no later than one working day after the Myanmar Party or its authorized units attests the original of the Certificate of Origin of Goods, Form A.

6. The scope of information on the Certificate of Origin of Goods, Form A, which was entered into the electronic verification system, should be identical to the scope of information contained in the original of the Certificate of Origin of Goods, Form A, which was issued on paper.

7. After the electronic verification system is put in operation, the original Certificate of Origin of Goods, Form A, may be not submitted by the decision of a declarant within customs declaration of goods. In this case, details of such certificate should be indicated in the customs declaration.

At the same time, if there are signs that the information on origin of goods contained the Certificate of Origin of Goods, Form A, claimed during customs declaration is inaccurate or if the data on the Certificate of Origin of Goods, Form A, is absent in the electronic verification system, the original of the Certificate of Origin of Goods, Form A, shall be provided upon the motivated request of the Russian Party or its units.

The Parties shall use information and documents received within the implementation of this Protocol solely for the purposes of realization of this Protocol and execution of their tasks and functions assigned according to the national legislation of their States.

Aiming at the effective use of the EAEU USTP to create trade conditions allowing business community to benefit from the EAEU USTP, the Myanmar Party strives to ensure the high level of awareness among its authorized officials in charge of issuance and authentication of the Certificates of Origin of Goods, Form A, sent to the Russian Federation about the rules, criteria and conditions for provision of tariff preferences in respect of the Republic of the Union of Myanmar goods.

The Parties shall cooperate in the field of exchange of experience regarding practices and techniques on verification of data about the origin of goods, including organization of joint seminars dedicated to the origin of goods assessment.

Disputes and disagreements between the Parties relating to the realization or interpretation of the provisions of this Protocol shall be resolved by consultations and negotiations between them.

Upon written consent of the Parties, this Protocol may be amended and expanded by separate protocols which shall be the integral part of this Protocol.

On such intention, any Party may initiate negotiations on amendment and expansion of this Protocol by sending a written notification to the other Party.

Entry into Force

Any Party may terminate this Protocol by sending to the other Party a written notification on its intention. In this case this Protocol is terminated six months after the date of receipt of the mentioned notification.

Done in Nay Pyi Taw, 5 December 2022 in duplicate, each in Russian, Myanmar and English languages, all texts being equally authentic. In case of any divergence in the interpretation of this Protocol, the English text shall be used.

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