Статья 8«Соглашение между Федеральной таможенной службой (Российская Федерация) и Центральным банком Республики Куба в лице Главного управления по расследованию финансовых операций по предупреждению, выявлению и пресечению совершения участниками внешнеэкономической деятельности сомнительных финансовых операций» [рус., англ.]

Настоящее Соглашение вступает в силу на 30-й день с даты получения по дипломатическим каналам последнего письменного уведомления о выполнении Сторонами внутригосударственных процедур, необходимых для его вступления в силу.

Любая из Сторон вправе прекратить действие настоящего Соглашения путем направления другой Стороне письменного уведомления о таком намерении. В этом случае действие настоящего Соглашения прекращается через 60 дней с даты получения указанного уведомления.

Совершено в г. Москве 21 октября 2021 г. в двух экземплярах, каждый на русском, испанском и английском языках, при этом все тексты имеют одинаковую силу. В случае разногласий в толковании настоящего Соглашения используется текст на английском языке.

За Федеральную таможенную службу (Российская Федерация)	За Центральный банк Республики Куба
(Подпись)	(Подпись)

The Federal Customs Service (Russian Federation) and the Central Bank of Cuba, represented by the General Directorate of Investigation of Financial Operations, hereinafter referred to as the «Parties»,

in order to improve the effectiveness of prevention, detection and suppression the committing of dubious financial operations by participants of foreign economic activities,

The terms used in this Agreement mean the following:

the «requested Party» means a Party that receives and executes a request for information and/or documents under this Agreement;

the «requesting Party» means a Party that sends a request for information and/or documents under this Agreement;

the «dubious financial operations» means operations of participants of foreign economic activities with financial assets, regardless of the form and manner of their implementation, showing signs of a lack of explicit economic meaning and obvious legitimate purposes, that can be performed for withdrawing financial assets abroad, financing grey imports and subsequent tax evasion, as well as for money laundering, financing of terrorism, proliferation of weapons of mass destruction and other illegal purposes;

the «participants of foreign economic activities» are legal entities established in accordance with the laws of the state of one of the Parties and individuals who are citizens of one of the states of the Parties registered in the territory of the respective state, carrying out activities in the field of foreign trade in goods, services, information and intellectual property;

the «financial assets» means cash and securities, including negotiable instruments to a bearer.

The Parties shall cooperate in order to organize effective interaction in preventing, detecting and suppressing the participants of foreign economic activities from performing dubious financial operations in the states of the Parties, related to operations with financial assets, regardless of the form and manner of their implementation, showing signs of a lack of explicit economic meaning and obvious legitimate purposes, that can be performed for withdrawing financial assets abroad, financing grey imports and subsequent tax evasion, as well as for legalization (laundering) of incomes, which were received by illegal ways, financing of terrorism, proliferation of weapons of mass destruction and other illegal purposes.

Subject to the laws of their states, the Parties shall carry out the interaction in the following forms:

a) the exchange of the following information and (or) documents that can facilitate the identification of dubious financial operations, including the establishment of facts of illegal withdrawal of financial assets abroad:

on the practice of the Parties in the field of identifying dubious financial operations;

on receipt by participants of foreign economic activities of the states of the Parties of financial assets on their accounts with a bank located in the territory of the respective state;

on illegal financial operations, as well as on designated administrative and (or) criminal penalties for their performance;

on the implementation of financial and economic activities by a participant of foreign economic activities or his absence at the place of state registration;

on bankruptcy, dissolution and suspension of activities of a participant in foreign economic activities;

on other circumstances that led to non-fulfillment of obligations under foreign trade (foreign economic) contracts, including those that are force majeure;

on the participants of foreign economic activities of the state of one Party that failed to fulfill the terms of foreign trade agreements (contracts) concluded with participants in foreign economic activities of the state of the other Party that do not carry out financial and economic activities, the location of which, their property, as well as information on their own funds and other values held in accounts, in deposits or in custody with banks or other credit institutions, is not possible to establish;

b) conducting joint analytical studies on issues affecting the mutual interests of the Parties in the field of preventing, identifying and suppressing the commission of dubious financial operations by participants in foreign economic activities, concerning to the risk for money laundering, financing of terrorism, and financing of the proliferation of weapons of mass destruction.

1. The exchange of information and (or) documents between the Parties shall be carried out on the basis of a request in the state language of the requesting Party, accompanied by a translation into English (hereinafter — request). The requests and the responses to the requests shall be sent via diplomatic channels.

2. The request shall contain:

a) the name of the requesting Party;

b) the name of the requested Party;

c) a brief description of the actual circumstances of the settlement of a foreign trade transaction, with the application, if necessary, of copies of documentary evidence;

d) other information required for the execution of the request.

3. The request must be sent by officials of the Parties authorized to send international requests.

4. The request is executed taking into account the possibility of compliance by the requesting Party with procedural terms established by the laws of its state.

The requested Party has the right to request additional information and (or) documents, if necessary to execute the request.

5. If it is not possible to execute the request, the requested Party shall notify the requesting Party indicating the reasons for the failure to execute the request thereof.

6. The costs related to the execution of the request shall be borne by the requested Party.

7. Exchange of background information, analytical and other materials in the sphere of prevention, detection and suppression of committing of foreign financial operations by participants in dubious financial operations is made as they are prepared.

8. The format and structure of the information and (or) documents transmitted by the Parties, the terms and the rules for their transfer are determined by separate protocols specifying the mutual obligations of the Parties.

1. The Parties cooperate on the principles of legality, reciprocity, efficiency and confidentiality.

2. The Parties interact directly with each other regarding the implementation of this Agreement.

3. The Parties ensure the reliability and objectivity of the information transmitted under this Agreement.

4. Each Party use the information and (or) documents received under this Agreement exclusively for the purposes of this Agreement, and neither disclose nor transfer information and (or) documents to a third party without the prior written consent of the Party that provided such information and/or documents.

5. A Party transferring confidential information to the other Party under this Agreement designate this information as such and (or) appropriately determinate the material carriers on which it is contained. The Party receiving such information must ensure its protection in accordance with the laws of its state on the protection of confidential information.

6. The Parties keep the banking, tax and other secrets protected by the laws of their states, which became known to them in the implementation of this Agreement.

7. The exchange of information and/or documents specified in Article 3 of this Agreement is not a violation of banking, tax and other legally protected by Parties states' secret.

8. Information exchanged under this Agreement cannot be used as evidence in judicial process in the states of the Parties.

Disputes between the Parties arising in the interpretation and implementation of the provisions of this Agreement shall be resolved through consultations or negotiations.

Upon consent of the Parties, this Agreement may be amended and supplemented by separate protocols.

This Agreement enters into force on the 30th day following the date of receipt via diplomatic channels of the last written notification about the completion by the Parties of their internal procedures necessary for entry into force.

Either Party has the right to terminate this Agreement by sending written notification to the other Party of such intention. In this case this Agreement is terminated after 60 days from the date of receipt of such notification.

Done in Moscow on 21 of October 2021 in two copies, each in Russian, Spanish and English, all texts being equally authentic. In case of controversies for interpretation of this Agreement the text in English shall be used.

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