---
title: "\"Соглашение между Правительством Российской Федерации и Правительством Республики Куба о взаимной административной помощи в целях обеспечения надлежащего соблюдения таможенного законодательства и предотвращения, расследования и пресечения таможенных правонарушений\" [рус., англ.]"
status: действует
canonical: "https://bukva.ai/docs/soglashenie-mezhdu-pravitelstvom-rossiyskoy-2462/statya-16"
---

# Статья 16

### <a id="p100140"></a>Статья 16

<a id="p100141"></a>Вступление в силу и прекращение действия Соглашения


1. <a id="p100142"></a>Настоящее Соглашение вступает в силу через 30 календарных дней с даты получения последнего письменного уведомления в виде вербальной ноты, направленной по дипломатическим каналам, о выполнении Сторонами внутригосударственных процедур, необходимых для его вступления в силу.
2. <a id="p100143"></a>Настоящее Соглашение заключается на неопределенный срок и остается в силе в течение 6 месяцев с даты получения одной Стороной по дипломатическим каналам письменного уведомления от другой Стороны о ее намерении прекратить действие настоящего Соглашения.
3. <a id="p100144"></a>В настоящее Соглашение могут быть внесены изменения и дополнения по взаимному согласию Сторон, оформленному в письменной форме. Изменения и дополнения, внесенные в настоящее Соглашение, оформляются дополнительным протоколом, который вступает в силу в порядке, предусмотренном в [пункте 1 настоящей статьи](https://bukva.ai/docs/soglashenie-mezhdu-pravitelstvom-rossiyskoy-2462/statya-16#p100142).

<a id="p100145"></a>Совершено в г. Гаване 5 ноября 2012 г. в двух экземплярах, на русском, испанском и английском языках, все тексты имеют одинаковую силу.
<a id="p100146"></a>В случае разногласия для целей толкования настоящего Соглашения будет использоваться текст на английском языке.

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<a id="p100147"></a>(Подписи)

</div>








**BETWEEN THE GOVERNMENT OF THE RUSSIAN**
**FEDERATION AND THE GOVERNMENT OF THE REPUBLIC OF**
**CUBA ON ADMINISTRATIVE MUTUAL ASSISTANCE FOR PROPER**
**APPLICATION OF CUSTOMS LEGISLATION AND IN ORDER**
**TO PREVENT, INVESTIGATE AND COMBAT CUSTOMS**
**VIOLATIONS**

<a id="p100149"></a>(Havana, 5.XI.2012)

<a id="p100150"></a>The Government of the Russian Federation and the Government of the Republic of Cuba, hereafter referred to as the Parties,
<a id="p100151"></a>Considering that Customs Legislation violations result in losses for the economic, taxation, social and cultural interests of their States, as well as for legal trade interests,
<a id="p100152"></a>Taking into account the importance of exact calculations of taxes and customs tariffs and other contributions charged for the importation and exportation of goods, as well as proper compliance with prohibition, restriction and control conditions;
<a id="p100153"></a>Taking into account that actions to avoid violations of customs legislation and efforts to guarantee the correct collection of customs duties could become more efficacious by the collaboration of the customs services of their States;
<a id="p100154"></a>Convinced of the necessity to increase efforts to avoid Customs Legislation violations and to ensure that correct collection of taxes and tariffs for imports and exports could be more effective, thanks to collaboration between their Customs Administrations; and
<a id="p100155"></a>According to the Recommendation of the Customs Cooperation Council on Administrative Mutual Assistance dated December 5, 1953, the International Convention of the World Customs Organization on Administrative Mutual Assistance in order to Prevent, Investigate and Suppress Administrative Customs Violations (1977) and the Model Bilateral Agreement of the World Customs Organization on Administrative Mutual Assistance in Customs Matters (2002), of which the Parties are signers,
<a id="p100156"></a>Have agreed the following:

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<a id="p100157"></a>Article 1

<a id="p100158"></a>Definition of terms

</div>


<a id="p100159"></a>For purposes of this Agreement, the following terms are to be understood as follows:
<a id="p100160"></a>a) "Customs Legislation": body of international agreements, laws and acts of legislation whose application and execution are directly under the aegis of customs services, as well as other regulatory juridical documents regulating importing, exporting, transferring goods and their placement within the realm of customs procedures, whose application and compliance is guaranteed by customs administrations including the determination of prohibition, restriction or control measures that are in the competency of customs services.
<a id="p100161"></a>b) "Customs Administrations": for the Government of the Russian Federation, the Federal Customs Service, and for the Government of the Republic of Cuba, the General Customs of the Republic;
<a id="p100162"></a>c) "Applicant Authority": Customs Authority drawing up request for assistance in customs matters, on the basis of this Agreement, or the Customs Authority receiving this type of assistance;
<a id="p100163"></a>d) "Requested Authority": Customs Authority to which the request for assistance in customs matters is addressed, on the basis of this Agreement, or the Customs Authority providing this type of assistance;
<a id="p100164"></a>e) "Customs Violation": any violation of customs legislation, as well as any intent to violate said legislation;
<a id="p100165"></a>f) "Person": any natural or juridical person;
<a id="p100166"></a>g) "Information": any facts, document, correspondence or report, or their certified copies or any other information;
<a id="p100167"></a>h) "Facts": facts about a known natural or juridical person;
<a id="p100168"></a>i) "Analytical Information": processed or commented information which presents indications of a customs violation;
<a id="p100169"></a>j) "Narcotic drug": any substance of synthetic or natural provenance included on Lists I and II of the Single Convention on Narcotic Drugs of March 30, 1961.
<a id="p100170"></a>k) "Psychotropic Substance": any natural or synthetic substance or any natural material included in Lists I, II, III and IV of the Convention on Psychotropic Substances of February 21, 1971.
<a id="p100171"></a>l) "Precursors": are controlled chemical substances that are used for the illicit production of narcotic drugs and psychotropic substances included in Tables I and II of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of December 20, 1988.

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<a id="p100172"></a>Article 2

<a id="p100173"></a>Scope of application

</div>


1. <a id="p100174"></a>This Agreement shall apply in the territory of the Parties according to the definition made in the legal provisions of each Party.
2. <a id="p100175"></a>Through their Customs Administration and according to stipulations established in this Agreement, the Parties shall:
<a id="p100176"></a>a) adopt measures to facilitate and accelerate the moving of goods;
<a id="p100177"></a>b) exchange information that can help to ensure due application of customs legislation of the States of the Parties;
<a id="p100178"></a>c) provide mutual assistance for the prevention, investigation and elimination of customs laws violations;
<a id="p100179"></a>d) undertake joint efforts to simplify and unify customs procedures with the aim of accelerating the movement of goods and means of transport over customs boundaries;
<a id="p100180"></a>e) implement measures to carry out collaboration in the areas of research, drawing up and testing of new customs procedures, training cadres and the exchanges of specialists.
3. <a id="p100181"></a>Each Party shall facilitate all assistance based on the postulates of this Agreement, depending on their own national legislation, also as far as the competencies and possibilities existing in their Customs Administration.
4. <a id="p100182"></a>This Agreement is in effect solely for administrative mutual assistance between the Customs Administrations of the Parties.
5. <a id="p100183"></a>The provisions of this Agreement shall not give any rights to persons for obtaining, not presenting or excluding documents, as well as preventing the carrying out of any request.
6. <a id="p100184"></a>This Agreement shall not prevent the Customs Administrations of the Parties to carry out other forms of cooperation that should not be foreseen in this Agreement.

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<a id="p100185"></a>Article 3

<a id="p100186"></a>Forms of collaboration and mutual assistance

</div>


1. <a id="p100187"></a>Customs Administrations, at their own initiative or at the request of the Applicant Authority, shall transmit to each other the necessary information according to the postulates of this Agreement.
2. <a id="p100188"></a>Customs Administrations shall provide assistance in the following matters:
<a id="p100189"></a>a) definition of customs value and verification of the authenticity of documents presented for customs formalities during importing and exporting goods, as well as verification of the authenticity of facts contained in them;
<a id="p100190"></a>b) definition of the country of provenance of the goods and verification of the authenticity of certificates of origin of the goods presented in the customs procedures for the goods during their exporting, as well as placement into another customs procedure
<a id="p100191"></a>They shall also exchange information on:
<a id="p100192"></a>a) new methods that have been shown to be effective in fighting violations of customs laws;
<a id="p100193"></a>b) new trends, means and methods used to violate customs laws;
<a id="p100194"></a>c) results of the application of new methods and technologies for the protection of legality;
<a id="p100195"></a>d) customs formalities technologies and methods for goods;
<a id="p100196"></a>e) goods used, or being suspected of being used, to commit customs violations in the territories of the States of the Parties;
<a id="p100197"></a>f) transportation means used, or those suspected of being used, to commit customs violations in the territories of the States of the Parties; and
<a id="p100198"></a>g) places for the storage of goods used, or those being suspected of being used, to commit customs violations in the territories of the States of the Parties.
3. <a id="p100199"></a>In the event that the customs service requested does not have the information being requested, the necessary means shall be taken by them to obtain it.
4. <a id="p100200"></a>Each of the Customs Administrations, upon doing its investigation at the request of the other Party, shall act in such a manner as if it was being carried out for their own purposes or requested by a competent authority in their respective country.

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<a id="p100201"></a>Article 4

<a id="p100202"></a>Persons, goods and transportations means

</div>


<a id="p100203"></a>The Customs Administration of one Party, at the request of the Applicant Authority of the other Party, shall exercise, within the framework of its competency, special vigilance of any person about whom there might be well-founded suspicion that he/she should have committed, is committing or has carried out acts in preparation for committing Customs Legislation violations. Likewise, it shall be vigilant of places, transportation means and goods having any relationship with operations that could be counter to said Customs Legislation.

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<a id="p100204"></a>Article 5

<a id="p100205"></a>Suspicious goods

</div>


1. <a id="p100206"></a>Customs Administrations, at their own initiative or at the request of the Applicant Authority, shall mutually and immediately deliver to each other all necessary information about actions in preparation, or actions carried out, that should or could violate the Customs Legislation in force in the territory of one of the Parties.
2. <a id="p100207"></a>The exchange of information referred to in the above paragraph shall be in reference to:
<a id="p100208"></a>a) operations carried out, or suspect of being in the preparatory phase, related to the illegal traffic of all types of narcotic drugs, psychotropic substances and precursors;
<a id="p100209"></a>b) the transportation of weapons, ammunition and accessories, explosive substances and devices;
<a id="p100210"></a>c) the transportation of antiquities and works of art having important historical, artistic or archeological value for one of the Parties;
<a id="p100211"></a>d) the transportation of chemical-toxic substances, as well as substances presenting a danger for the environment and the health of persons;
<a id="p100212"></a>e) the transportation of goods levied with high taxes or customs duties; and
<a id="p100213"></a>f) goods covered by non-tariff limitations;
<a id="p100214"></a>g) species protected by the Convention on International Trade in Endangered Species of Wild Fauna and Flora of March 3, 1973.

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<a id="p100215"></a>Article 6

<a id="p100216"></a>Technical assistance

</div>


<a id="p100217"></a>The Customs Administrations, within the framework of their competency and in the economic conditions determined in each case, shall provide each other with technical assistance in the realm of customs matters, including:
<a id="p100218"></a>a) exchange of visits of customs officials;
<a id="p100219"></a>b) training and assistance to improve customs officials' skills;
<a id="p100220"></a>c) exchange of information and experiences in the use of technical control means;
<a id="p100221"></a>d) exchange of experts in customs matters; and
<a id="p100222"></a>e) exchange of professional, scientific and technical information about customs legislation and procedures.

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<a id="p100223"></a>Article 7

<a id="p100224"></a>Form and content of requests for assistance

</div>


1. <a id="p100225"></a>According to stipulations in this Agreement, assistance shall be directly exchanged between Customs Administrations.
2. <a id="p100226"></a>Requests in accordance to this Agreement shall be presented in writing, accompanied by the documents required as complementary to those requests. In the case of extreme necessity, the request may be Faxed and subsequently sent in writing.
3. <a id="p100227"></a>In requests made on the basis of Point 1 in this Article, the following information shall be included:
<a id="p100228"></a>a) the Customs Administration making the request;
<a id="p100229"></a>b) the type of investigation needed;
<a id="p100230"></a>c) the aim and reason for the request;
<a id="p100231"></a>d) legal provisions relating to the matter;
<a id="p100232"></a>e) the most exact and complete facts as possible about the natural or juridical persons and/or goods being investigated or the object of customs control;
<a id="p100233"></a>f) a brief description of circumstances associated with the matter; and
<a id="p100234"></a>g) reference to the capacity and availability of satisfying a similar request should one be made by the Requested Authority.
4. <a id="p100235"></a>Requests shall be written in the official language of the Authority or in the English language.
5. <a id="p100236"></a>In the case where the request should not answer to the requirements foreseen in this Article, corrections or complementary information shall be required.
6. <a id="p100237"></a>Information presented within the framework of this Agreement shall be delivered to the officials of each Customs Administration designated to fulfill those functions. The Customs Administrations shall exchange lists of names of these officials, along with their telephone and Fax numbers and E-mail addresses and, as much as possible, they shall keep these lists up-to-date.

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<a id="p100238"></a>Article 8

<a id="p100239"></a>Fulfilling the request

</div>


1. <a id="p100240"></a>The Requested Authority shall adopt all measures necessary to accede to the request for assistance within the framework of this Agreement.
2. <a id="p100241"></a>The request shall be executed within a term of no longer than two months from the date on which the Requested Authority receives the request. In the case that it should be necessary to reduce that term, the corresponding indication to that effect will be made in the request, indicating the reason and the term desired for execution of the request.
3. <a id="p100242"></a>At the request of the Customs Administration of one of the Parties, the Requested Authority shall initiate, within the framework of its competency, all official investigations regarding operations that should or could be counter to Customs Legislation of the Applicant Authority and shall immediately communicate to them the results of those investigations.
4. <a id="p100243"></a>In the event fulfillment of the request should not be within the competency of the Requested Authority, the Requested Authority shall immediately send it to the corresponding body which, upon receiving the request, shall act according to the powers conferred on it by the laws of its State or it shall inform the Applicant Authority about the procedure it ought to follow regarding said request.
5. <a id="p100244"></a>Investigations shall be conducted under laws and regulations of the Requested Authority which shall act as if it should be acting on its own behalf or acceding to a request of a competent national authority.

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<a id="p100245"></a>Article 9

<a id="p100246"></a>Form of presenting information and documents

</div>


1. <a id="p100247"></a>Customs services shall present, on their own initiative or at the request of one of them, the deeds, annotations to evidentiary declarations or documents containing information on actions being prepared or that should have been carried out that lead to or could lead to the committing of customs law violations, or notarized copies of these deeds, annotations and documents.
2. <a id="p100248"></a>For those aims, instead of the documents stipulated in Point 1 of this Article, digitalized information in any electronic format could be delivered. At the same time, all accompanying materials required to interpret or use this information must be delivered.

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<a id="p100249"></a>Article 10

<a id="p100250"></a>Exceptions to the obligation of providing assistance

</div>


1. <a id="p100251"></a>The Customs Administrations of the Parties shall not provide assistance foreseen in this Agreement when said assistance could damage the sovereignty, safety, public law and order, investigations, judicial cases or procedures underway, or other basic interests of the Parties, especially in matters dealing with the protection of facts.
2. <a id="p100252"></a>If the Applicant Authority should request assistance that could not be provided if it had been requested by the Requested Authority, attention will be drawn to that fact in the request and the commitment to fulfill such request will stay at the entire discretion of the Requested Authority.
3. <a id="p100253"></a>If assistance is refused, the decision and reasons for refusal shall be immediately notified in writing to the Applicant Authority.
4. <a id="p100254"></a>The Required Authority shall be able to defer provision of assistance on the basis that this might hinder an investigation or process underway. In this case, the Applicant Authority will be consulted in order to determine if assistance could be provided observing the requirements and under conditions that could be proposed by the Requested Authority.
5. <a id="p100255"></a>Any refusal of or delay in providing assistance must be defended.

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<a id="p100256"></a>Article 11

<a id="p100257"></a>Utilization and confidentiality of information and documents

</div>


1. <a id="p100258"></a>Information received in accordance with this Agreement shall only be utilized for the purposes of this Agreement. The Customs Administration receiving the information may deliver it over to juridical and public law and order bodies of their State, following written consent by the Customs Administration that had provided said information.
2. <a id="p100259"></a>The Customs Administrations, in accordance with the objectives and scope of this Agreement, shall utilize the information and documents obtained as testimonial evidence in their protocols, deeds, pleas, as well as in judicial or administrative cases.
3. <a id="p100260"></a>Use of this information and documents as testimony before bodies of the justice system, as well as its probative force, shall be defined in accordance with legislation in force in the territories of the Parties.
4. <a id="p100261"></a>All requests, information, experts' reports and other communiques provided by the Customs Administration of one of the Parties according to this Agreement shall receive equal protection and confidentiality treatment by the other Party as they likewise give documents and information of a similar nature according to their national legislation.
5. <a id="p100262"></a>In those cases where facts based on provisions of this Agreement is exchanged, the Customs Administrations of the Parties shall be assured of guaranteeing the reliability of such information according to their national legislation.
6. <a id="p100263"></a>The Applicant Authority shall not utilize the evidence or information it should obtain on the basis of this Agreement with other objectives that should not be those indicated in the request, without the written approval of the Requested Authority.

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<a id="p100264"></a>Article 12

<a id="p100265"></a>Presence of authorized officials

</div>


1. <a id="p100266"></a>After a written request, for the purposes of investigating a customs violation, officials especially defined by the Applicant Authority, observing all the conditions stipulated by the Required Authority and with its due authorization, may:
<a id="p100267"></a>a) consult with the Required Authority about the documents, books and other corresponding facts in order to obtain information about the customs violation;
<a id="p100268"></a>b) make copies of documents, books and other corresponding facts regarding the customs violation;
<a id="p100269"></a>c) be present when investigations are carried out on the territory of the Required Authority regarding violations of interest to the Applicant Authority.
2. <a id="p100270"></a>When, in the circumstances stipulated in this Agreement, the officials of the Applicant Customs Authority are present on the territory of the State of the other Party, they must at all times be capable of showing proof of their official duties. Officials of the Customs Administrations of the Parties may not wear uniforms or carry weapons.
<a id="p100271"></a>Officials, when present on the territory of the Required Authority, shall enjoy the same protection stipulated by national legislation for that country's customs officials and they shall be responsible for any violation they may commit.
<a id="p100272"></a>Officials of the Required Authority shall at all times be in charge during the investigation.

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<a id="p100273"></a>Article 13

<a id="p100274"></a>Expenses

</div>


1. <a id="p100275"></a>Customs Administrations shall not demand reimbursement for expenses associated to fulfillment of this Agreement, except for those expenses for payment of experts and translators that should not be public employees, whose expenses shall be covered by the Applicant Customs Authority.
2. <a id="p100276"></a>Reimbursement for expenses related to fulfillment of Article 3 of the present Agreement could be object of an independent agreement on the matter between the Customs Administrations.

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<a id="p100277"></a>Article 14

<a id="p100278"></a>Implementing the agreement

</div>


1. <a id="p100279"></a>Collaboration foreseen by this Agreement shall be carried out directly by the Customs Administrations; they shall agree upon the concrete measures needed for its implementation.
2. <a id="p100280"></a>Customs Administrations may foresee establishing direct channels of communication between their central and local departments and, in case it should be necessary, with other national departments for the fight against smuggling and other Customs Legislation violations.
3. <a id="p100281"></a>Customs Administrations shall try to resolve any problems or doubts about content or implementation of this Agreement through mutual accord. Differences for which solutions cannot be found shall be dealt with via diplomatic channels.

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<a id="p100282"></a>Article 15

<a id="p100283"></a>Territorial reach of the Agreement

</div>


<a id="p100284"></a>This Agreement shall be applied in the territories of the Russian Federation and the Republic of Cuba.

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<a id="p100285"></a>Article 16

</div>


<a id="p100286"></a>Validity and termination of the Agreement

1. <a id="p100287"></a>This Agreement shall enter into force 30 calendar days after the date of the last notification exchanged between the Parties in Note Verbale, in which the fulfillment of internal legal procedures through diplomatic channels shall be communicated.
2. <a id="p100288"></a>This Agreement is signed for an undefined period and shall be valid for 6 months from the date on which one of the Parties notifies the other Party, in writing and via diplomatic channels, about their intention to terminate it.
3. <a id="p100289"></a>Amendments or additions may be made to this Agreement following written consent of the Parties. Any amendment or addition shall be made formal in a separate protocol that shall enter into validity in the manner indicated in Point 1 of this Article.

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<a id="p100290"></a>Done at La Havana on November, 5th, 2012, in two copies, in the Russian, Spanish and English languages, with all versions having equal validity. In the event of disagreements in the interpretation of this Agreement, the English-language version shall be utilized.

</div>




<a id="p100291"></a>

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