Статья 19«Соглашение между Правительством Российской Федерации и Правительством Исландии о сотрудничестве и взаимной помощи в таможенных делах» [рус., англ.]

1. 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.

2. Настоящее Соглашение заключается на неопределенный срок и действует до истечения 3 месяцев с даты получения одной Стороной письменного уведомления по дипломатическим каналам другой Стороны о ее намерении прекратить действие настоящего Соглашения.

Совершено в г. Москве 22 ноября 2018 г. в двух экземплярах на русском, исландском и английском языках, причем все тексты имеют одинаковую силу.

В случае разногласия для целей толкования настоящего Соглашения используется текст на английском языке.

The Government of the Russian Federation and the Government of Iceland, hereinafter referred to as the Parties,

based on the fact that violations of customs laws are detrimental to the economic, social, fiscal, trade and cultural interests, public health and safety of the Parties,

taking into account the need for the development of trade and economic relations between the Parties,

desiring to develop and strengthen practical cooperation on issues of common interest in customs matters,

taking into account the importance of accurate assessment of customs duties imposed on the import or export of goods, as well as the proper compliance with prohibitions, restrictions and controls in respect of the imported and exported goods,

convinced that efforts aimed to prevent customs offences and to ensure payment in full of customs duties and taxes being collected during import and export of goods can become more effective due to cooperation between the customs administrations of the Parties,

believing that improved efficiency of cooperation between the customs administrations of the Parties may be achieved by sharing information,

agreeing that the illicit traffic in narcotic drugs, psychotropic substances and their precursors threats public health and society of the Parties,

recognizing the need to intensify cooperation in the field of suppression of counterfeiting international trade,

guided by the provisions of the Single Convention on Narcotic Drugs of 1961, as amended in accordance with the 1972 Protocol amending the Single Convention on Narcotic Drugs of 1961, Convention on Psychotropic Substances of 1971 and the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988,

taking into account the Recommendation of the Customs Cooperation Council about mutual administrative assistance of 5 December, 1953,

Article 1

The terms used herein shall have the following meanings:

a) «requested customs administration» — the customs administration, which receives a request for assistance in customs matters hereunder and/or provides such assistance;

b) «requesting customs administration» — the customs administration, which sends a request for assistance in customs matters hereunder and/or receives such assistance;

c) «information» — any data, including digital and photographic, as well as documents, reports, or any other communications in any form, and certified copies thereof;

d) «controlled delivery» — a method allowing for export from, import into or transit through the territory of the Party of illicit or suspect consignments of narcotic drugs, psychotropic substances or their substitutes, and other illegally transported goods with the knowledge and under the supervision of the competent authorities of the Parties, with a view to identifying persons involved in the illicit trafficking in narcotic drugs, psychotropic substances and other illegally transported goods;

e) «person» — any individual or legal entity;

f) «narcotic drugs and psychotropic substances» — substances included in the lists of the Single Convention on Narcotic Drugs of 1961, as amended in accordance with the 1972 Protocol Amending the Single Convention on Narcotic Drugs of 1961, Convention on Psychotropic Substances of 1971 and the national lists of the States of the Parties;

g) «precursors» — the chemicals used in the illicit manufacture of narcotic drugs and psychotropic substances included in Tables I and II of the Annex to the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of December 20, 1988;

h) «personal data» — any information relating directly or indirectly to an identified or identifiable individual;

i) «customs administration»

in the Russian Federation — the Federal Customs Service;

in Iceland -The Directorate of Customs;

j) «customs duties» — the customs duties, taxes, fees and other charges levied by the customs authorities of the Party in accordance with its legislation;

k) «customs legislation» — a set of international treaties, laws and regulations of each of the Parties, application and enforcement of which is assigned directly to the customs administrations, and any regulations issued by the customs administrations within their competence regarding import, export, transit of goods, hand luggage and passengers' luggage, currency and other valuables, international mailing, collection of customs duties, taxes and other charges, provision of exemption, establishing of prohibitions and restrictions, and also regarding control for a movement of goods through a border of the States of the Parties;

l) «customs offence» — any violation or attempted violation of customs legislation.

1. The cooperation of the Parties shall be performed in compliance with laws of their States and international agreements the Parties are the parties to.

2. In accordance with the provisions hereof, the Parties shall, through customs administrations of their States:

a) exchange information on customs offences in accordance with the legislation of its State;

b) cooperate in the prevention, investigation and suppression of customs offences;

c) exchange information facilitating customs control for a proper implementation of the customs legislation as well as for declared data on classification, assessment of customs value and origin of goods and collecting customs duties in full;

d) cooperate in research, development and testing of new equipment and technologies which are directed to prevent, investigate and combat customs offences, personnel training and exchange of specialists and in other issues requiring joint efforts.

3. The cooperation of the Parties within the framework of this Agreement shall be performed in compliance with the legislation of the requested customs administration and within its competence and capabilities.

4. If the requested customs administration is not a competent authority for the execution of the request of the requesting customs administration, the requested customs administration shall immediately forward the request to the appropriate authority for the execution of the request in accordance with the legislation of its State.

5. The provisions hereof shall not affect the rights and obligations of the Parties arising from other international agreements to which they are the parties, including agreements on mutual legal assistance in criminal matters.

1. The customs administrations shall by mutual agreement take the necessary measures to speed up the movement of goods and vehicles between the territories of the Parties in order to create favorable conditions to develop legitimate trade and increase trade flow between the Parties.

2. The customs administrations recognize each other's customs identification means (seals, seal impressions, stamps and other means of identification agreed by the customs administrations) and customs documents, and, if necessary, apply to the transported goods their own means of identification for customs purposes.

1. The customs administration, either on its own initiative or upon request, no later than 30 days after receiving the request, shall provide the customs administration of the requesting Party with information facilitating customs control over the reliability of the declared data:

a) on assessment of customs value and classification;

b) on compliance with prohibitions and restrictions with respect to goods imported or exported to or from the territories of the Parties;

c) on origin of the goods;

d) other information about the goods transported between the territories of the Parties, which may help ensuring the proper implementation of the customs legislation.

2. The customs administrations of the Parties shall provide each other, on their own initiative or upon request, with the following information about committed or planned actions which have constituted or may constitute customs offence relating to the movement of:

a) weapons, ammunition, explosives and explosive devices;

b) art pieces, antiques and items of significant historical, cultural or archaeological value of the State of one of the Parties;

c) toxic substances and products that are dangerous to the environment and public health;

d) goods subject to high customs duties;

e) narcotic drugs, psychotropic substances and their precursors;

f) banknotes, precious metals and articles thereof;

g) objects specified in the Convention on the International Trade in Endangered Species of Wild Fauna and Flora of March 3, 1973.

3. The customs administrations of the Parties shall provide each other, on their own initiative or upon request, with the following information about committed or planned actions constituting customs offence relating to the legality of the movement of goods across the state border of either Party, and transit transport of goods through the territory of the Parties:

a) the persons having committed customs offences or suspected of preparing or of having committed customs offences;

b) the products used in the illicit traffic in the territoiy of either Party;

c) the vehicles and containers used or suspected of being used to commit customs offences in the territory of either Party;

d) new methods and means used in committing customs offenses;

e) whether goods imported into the territory of one Party have been lawfully exported from the territory of the other Party;

f) whether goods exported from the territory of one Party have been lawfully imported into the territory of the other Party;

g) if necessary, under which customs procedure goods, imported into or exported from the territories of the Parties, have been placed.

4. The information referred to herein may be sent in writing or in electronic form. At the same time all related materials and certified copies of documents necessary for the interpretation and use of this information shall be transferred.

5. Original documents shall only be requested if the certified copies are insufficient. Original documents shall be promptly returned to the providing customs administration when they are no longer needed.

6. Pursuant hereto, information shall be exchanged via the officials of the customs administrations of the States of the Parties.

The customs administrations shall promptly exchange the lists of authorized customs officials of the Parties, specifying their e-mail addresses no later than 30 days after the entry into force hereof. The Parties shall inform each other immediately on changes in the specified lists.

7. The customs administrations may, by mutual agreement in accordance herewith, submit to each other on a regular basis the necessary information. The composition, form and structure of such information, and submission timing shall be determined by the specifications (regulations) agreed by the customs administrations.

The customs administrations shall, on their own initiative or upon request, within their competence and capabilities and in accordance with the legislation of its State, exercise special surveillance over, within the framework of an enforcement activity:

a) persons suspected of preparing or committing or having committed customs offenses in the State of the requesting customs administration, as well as the entry of such persons into the territory of the State of the requested customs administration and the departure from the territory of the State of the requested customs administration;

b) any vehicles and containers used or suspected of being used for committing customs offences in the territory of the State of the requesting customs administration;

c) the movement of goods determined by the requesting customs administration as illegally imported into or exported from the territory of its State or suspected of being illegally moved.

1. The customs administrations may, within their competence and in accordance with the laws of their States, use the method of controlled delivery of goods.

2. A decision on each controlled delivery shall be made separately, and if necessary, subject to the agreements between the customs administrations on the relevant financial matters.

1. After receiving the request, the requested customs administration shall conduct a formal investigation of the acts that violate or may violate the customs legislation in force in the State of the requesting customs administration. The results of the investigation shall be sent to the requesting customs administration.

2. The investigation stipulated in paragraph 1 of this Article shall be conducted in accordance with the legislation of the State of the requested customs administration. The requested customs administration shall conduct the investigation as it were acting on its own behalf.

3. Officials of the customs administration of one Party, in some cases, with the consent of the customs administration and in accordance with the legislation of the State of the other Party, may be present in the territory of that Party during the investigation of customs offenses committed in the territory of the first Party.

The officials of the customs authorities of one Party that are present in the territory of the other Party under terms and conditions provided for herein, shall be ready to present their credentials. These officials shall only have a representational function. They shall not wear uniforms nor bear arms.

1. In the case of receipt of a request, the requested customs administrations may authorize its officials to act as experts or witnesses in judicial or administrative proceedings relating to the violation of the customs legislation conducted in the territory of the State of the requesting customs administration.

2. The officials referred to in paragraph 1 of this Article shall give evidence on the facts established by them in the performance of their duties. A request for such evidence shall indicate in which case and in what capacity these officials shall appear.

1. The information received pursuant hereto shall be used solely for the purposes specified herein.

2. The information received hereunder may be transferred or used for other purposes only with the written consent of the customs administration having provided this information.

3. The customs administrations may use as evidence in administrative and judicial proceedings the information obtained in accordance herewith. The possibility of using such information as evidence in the courts and its probative value shall be determined by the legislation of the State of the customs administration, having obtained such information.

4. The provisions of paragraph 2 of this Article shall not apply to information about violations related to narcotic drugs, psychotropic substances and their precursors. Such information may be transferred to other departments of the Parties directly involved in combating illicit trafficking in narcotic drugs, psychotropic substances and their precursors.

5. The information obtained in accordance herewith shall be confidential. The customs administrations receiving the information in accordance herewith shall ensure adequate protection thereof in accordance with the legislation of its State relating to protection of confidential information.

1. Personal data exchanged by the customs administrations pursuant hereto shall be protected in the State of each Party in accordance with the legislation of the State relating to protection of personal data and international treaties, to which the Parties are signatories.

2. The customs administration having received personal data in accordance herewith shall ensure privacy thereof, and may not transfer such data to a third party without the written consent of the customs administration having provided such personal data.

3. The customs administration having received personal data upon request shall inform the customs administration having provided such personal data about the use of such data and the results achieved.

4. The customs administrations shall protect personal data against loss, unauthorized access, distortion and publicizing.

1. The request made hereunder shall be sent in written form accompanied by the documents required for its execution. In case of urgency, the request may be sent in electronic form, but it must be officially confirmed in written form.

2. The request made pursuant to paragraph 1 of this Article must contain the following information:

a) name of the requesting customs administration;

b) type and subject matters of the proceedings, the requested action;

c) purpose and reason for the request;

d) references to regulatory legal acts related to the case;

e) accurate and comprehensive information about the persons subject to the investigations or customs control;

f) brief description of the circumstances relevant to the case;

g) other information which could help in executing the request.

3. The requests shall be sent in English.

4. If the request fails to meet the requirements provided for in this Article, adjustment or modification may be requested, but this does not prevent the preliminary work in respect of such request.

1. In cases where the requested customs administration believes that the execution of the request is likely to harm the sovereignty, security, public order or any other essential interests of its State, it can completely or partially decline to provide the requested assistance hereunder or render such assistance in compliance with certain conditions or requirements.

2. Assistance may be postponed by the requested customs administration if it may interfere with an ongoing investigation or proceeding. In this case, the requested customs administration shall notify the requesting customs administration. The requested customs administration shall consult with the requesting customs administration with respect to the terms and conditions of assistance that may be required by the requested customs administration.

3. Where the requesting administration would be unable to comply if a similar request were made by the requested administration, it shall draw attention to that fact in its request. Compliance with such a request shall be at the discretion of the requested administration.

4. If the request cannot be executed in whole or partly, the requesting customs administration shall be immediately notified thereof, including the reasons for declining this request.

1. The costs associated with execution of the request in accordance herewith shall be borne by the requested customs administration, except for the costs for witnesses, experts and non-public translators/interpreters. These costs shall be borne by the requesting customs administration.

2. Compensation for any other costs associated with the performance hereof may be subject to a separate agreement between customs administrations.

1. The cooperation provided for herein shall be rendered directly by the customs administrations. The customs administrations shall agree with each other on specific measures necessary for the performance hereof.

2. The customs administrations shall provide the establishment of direct communication channels between their subdivisions.

3. If the powers related to the implementation and application of the agreement are transferred to another authority, or if the name of the customs administration is changed, each Party shall immediately inform the other Party about such changes through diplomatic channels.

Any disputes and disagreements between the Parties relating to the interpretation and application of the provisions hereof shall be settled by consultation and negotiation between them.

By mutual agreement of the Parties, this Agreement may be amended under separate protocols.

This Agreement shall be valid in the territories of the Russian Federation and Iceland.

1. This Agreement shall enter into force on the 30th day following the receipt through diplomatic channels of the last written notice of the performance by the Parties of internal procedures necessary for its entry into force.

2. This Agreement is executed for an indefinite period and shall be valid until the expiration of 3 months after either Party receives through diplomatic channels a written notice of the other Party's intention to terminate this Agreement.

Done at Moscow on the 22 day of November, 2018 in two copies in Russian, Icelandic and English, all texts being equally authentic.

In case of disputes for the purposes of interpretation hereof, the text in English shall prevail.

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