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

Вступление в силу и прекращение действия
настоящего Соглашения

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. Амман 21 января 2015 г. в двух экземплярах, каждый на русском, арабском и английском языках, причем все тексты имеют одинаковую силу. В случае разногласия для целей толкования настоящего Соглашения используется текст на английском языке.

(Подписи)

BETWEEN THE GOVERNMENT OF THE RUSSIAN FEDERATION AND THE GOVERNMENT OF THE HASHEMITE KINGDOM OF JORDAN ON COOPERATION AND MUTUAL ASSISTANCE IN THE CUSTOMS MATTERS

The Government of the Russian Federation and the Government of the Hashemite Kingdom of Jordan, hereinafter referred to as the Parties,

considering that offenses against the customs legislations are prejudicial to the economic, social and cultural interests of the Parties,

considering the necessity to develop commercial and economic ties between the Parties,

considering the importance of ensuring the accurate assessment of the customs import and export duties, taxes and any other charges levying on import and export of goods as well as the appropriate execution of conditions of prohibition, restriction and control on import and export of goods,

convinced that cooperation between the customs administrations of the Parties can raise the efficiency of methods of prevention the customs offenses and of ensuring the full payment of customs duties levied on import and export of goods,

believing that the more efficient cooperation between the customs administrations of the Parties may be achieved by information exchange,

accepted that the illegal trafficking of narcotic drugs, psychotropic substances and their precursors is a threat to public health and society,

recognizing the necessity to stir up cooperation in repression of international counterfeit trade,

taking into consideration the Single Convention on the narcotic drugs of 1961 amended by the 1972 Protocol amending the Single Convention on Narcotic Drugs of 1961, Convention on psychotropic substances from the 21^{st} of February 1971 and the United Nations Convention against illicit traffic in narcotic drugs and psychotropic substances from the 20^{th} of December 1988,

taking into consideration the International Convention on mutual administrative assistance for the prevention, investigation and repression of customs offences from the 9^{th} of June 1977,

Have agreed as follows:

1. The definitions used in the Agreement mean the following:

1. the term «Requested Customs Administration» shall mean the Customs Administration that receives a request in the customs matters assistance under the given Agreement or renders such an assistance;

2. the term «Requesting Administration» shall mean the Customs Administration that requests assistance in the customs matters under the given Agreement or receives such assistance;

3. the term «information» shall mean any data, documents, reports, their verified copies or other communications exchanged in any form;

4. the term «controlled delivery» shall mean the method of allowing the export from the territory of the Party, the import to the territory of the Party and the transit throughout the territory of the Party of illegal and arousing suspicion consignments containing narcotic drugs, psychotropic substances or replacing substances, or other illicit goods with the knowledge and under supervision of the Customs administrations to identify the persons involved in the offense regarding illicit trafficking of the goods mentioned;

5. the term «person» shall mean an individual or a legal entity;

6. the term «Narcotic drugs and psychotropic substances» shall mean any substances, enumerated on the Lists of Single Convention on the narcotic drugs 1961 amended by the 1972 Protocol amending the Single Convention on Narcotic Drugs 1961, Convention on psychotropic substances 1971 and chemical substances specified in paragraphs (n) and (r), Article 1 of the United Nations Convention against illicit traffic in narcotic drugs and psychotropic substances dated the 20^{th} of December 1988;

7. the term «Precursors» shall mean controlled chemical substances used in the illicit production of narcotic drugs and psychotropic substances, enumerated on the Lists I and II of the UN Convention against the illicit traffic in narcotic drugs and psychotropic substances dated the 20th of December 1988;

8. the term «personal information» shall mean any information to identify a person;

9. the term «Customs Administration» shall mean

in the Russian Federation — the Federal Customs Service;

in the Hashemite Kingdom of Jordan — Jordan Customs Department. 10) the term «Customs laws» shall mean the set of laws, regulations, bylaw and international agreements in force between the Contracting Parties applied by the Customs Administrations, and any legal instruments issued by the Customs administrations within their competence concerning the border crossing, storage and placing of goods under the Customs procedures; 11) the term «Customs offense» shall mean any violation of the Customs laws or any attempt to violate such laws.

2. If the Customs name is changed, the relevant Party should immediately inform the other Party through diplomatic channels. If the powers in the Agreement implementation are transferred to the other Body or the name of the national customs administration is changed, each Party should immediately inform the other through diplomatic channels.

1. The Parties cooperate in accordance with the legislation of the states of the Parties as well as with international agreements the Russian Federation and the Hashemite Kingdom of Jordan participate in.

2. In accordance with the provisions of the Agreement the Contracting Parties shall through the Customs:

a) exchange information on customs offences in accordance with their national legislation;

b) cooperate with each other in the prevention, investigation and combating the customs offences;

c) exchange information which can assist in ensuring the Customs law enforcement, collection of the Customs payments, including the information which may help the accurate assessment of classification of goods, their customs value and origin;

d) cooperate in research, development and application of new Customs procedures, in the training and exchange of personnel and in other matters which may require joint efforts;

e) strive to harmonize and unify the customs systems and to improve their customs technologies;

3. The mutual assistance under the given Agreement is provided according to the legislation of the state of the requested customs administration and within its competence and resources.

4. If the requested customs administration does not have any competence to execute the request of the requesting customs administration, it shall immediately transfer the request to the relevant competent authority to execute it according to the legislation of its state.

5. The provisions of the given Agreement shall not prejudice the rights and obligations of the Parties arising from other international contracts, which participants are then states, including contracts of legal assistance in criminal matters.

1. The customs administrations shall, upon mutual consent, take the necessary measure to simplify customs clearance in order to facilitate and accelerate the flow of goods between the territories of the states of the Parties.

2. The customs administrations accept each other's means of customs identification (seals, seal impressions, stamps and other means of identification agreed by the customs administrations) and customs documents and place their own means of identification on the trafficked goods for customs purposes, if necessary.

1. The customs administration of one Parties' state shall, either on their own initiative or upon request of the customs administration of the other Party's state no later than in 30 days after its receipt and as far as possible provide with all relevant information which may help appropriate application of the customs legislation, concerning:

a) the customs value and tariff classification of goods;

b) restrictions and prohibitions observation regarding goods import and export;

c) rules application in determination of the country of goods origin;

d) prices on fruits and vegetables trafficked between the territories of the states of the Parties.

The customs administrations shall, either on their own initiative or upon request, provide each other with all relevant information on committed or planned actions, which constituted or may constitute a customs offense with the regard of trafficking:

(a) weapons, ammunitions, explosives and explosive devices;

(b) antiquities and objects of significant historical, cultural or archaeological value for the state of one of the Parties;

(c) toxic substances and other substances dangerous for environment and public health;

(d) goods subject to substantial customs duties;

(e) narcotic drugs, psychotropic substances and their precursors.

2. The customs administrations, either on their own initiative or upon request, provide with all relevant information on committed or planned actions, which constituted or may constitute a customs offense with the regard of the legality of goods trafficking across the border of one Parties' state, of transit goods transportation between the territories of Parties' states.

3. In regard to customs offences the customs administration shall in accordance with the national legislation of their states exchange on their own initiative or upon request information on:

a) persons, known or suspected of having committed offences against the customs legislation;

b) goods, involved in customs offences in the territory of one of the states of the Parties;

c) means of transport known or suspected of being used for committing customs offences on the territory of the requesting customs administration;

d) new methods and media used for committing customs offences,

e) if the goods imported to the territory of one Parties' state legally exported from the territory of the other Party's state,

f) if the goods exported from the territory of one Parties' state legally imported to the territory of the other Party's state,

g) under which procedure the goods were placed, if necessary;

4. The customs administration of one Party's state shall, either upon request or on then own initiative, provide the customs administration of the other Party's state with the information on actions prepared or finished which can result committing of customs offences.

5. The originals of the documents may be requested only if their certified copies are insufficient. The originals of the documents shall be returned immediately to the customs administration provided it until no longer needed.

6. The requested information mentioned in this Agreement may be transmitted in written form or electronically. All accompanying documents and certified copies necessary for the interpretation and usage should be submitted as well at the same time.

7. Under the Agreement information and data are exchanged by the officials of the customs administrations of the states of the Parties.

The Parties exchange on the operative level the lists of the authorized officials of the customs authorities of the States of the Parties as well as the respective E-mail addresses. The Parties shall exchange the said lists no later than in 30 days from entering of this Agreement into force.

8. The Customs Administration may upon mutual consent provide each other under the Agreement with the relevant information on regular basis, i.a. electronically. The contents, format and structure of such information as well as time terms of exchange are determined in technical specifications (acts), concluded between the Customs Administrations.

The customs administration shall, within its competence and capacity, according to the legislation of their states, on its own initiative or on the request, maintain special surveillance over:

a) persons, known to be committed or suspected to commit offences against customs legislation in the state of requesting customs administration, as well as entry into and exit from the territory of the requested customs administration;

b) any means of transport and containers known or suspected to be used in committing offences against the customs legislation in the state of the requesting customs administration;

c) movements of goods known to be moved into the territory or from the territory illegally or suspected to be so.

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

2. Every controlled delivery shall be decided on in every special case separately with due account for agreements between the customs administration on the relevant financial matters.

1. Upon receipt of a request the customs administration shall initiate investigations of the operations, which constitute or may constitute an offence against the customs legislation on the territory of the country of the requesting Party. It shall bring the results of such investigation to the attention of the requesting Party.

2. The investigation provided in Paragraph 1 shall be carried out under the legislation in force in the territory of the state of the Requested Party. The customs administration of the requested Party shall proceed as if it were acting on its own behalf.

3. The officials of the customs administration of one Party may, in particular cases by approbation of the customs administration of the other Party and in accordance with its legislation, be present on the territory of the state of the latter while investigating customs offences committed on the territory of the former Party.

1. The officials of the customs administration of a Party being in the territory of the state of another Party, shall, in cases under this Agreement, furnish proofs of their capability according to the laws of the relevant country. These officials shall not wear uniform and shall not carry any weapon.

2. The officials under the Paragraph 1 shall bear responsibility for violation of the laws of the country where there are staying.

1. Upon request, the customs administration of the requested Party may authorize its officials to appear as experts or witnesses in judicial or administrative proceedings in the territory of the country of the requesting Party as regard of the customs offences.

2. Such officials shall give evidence obtained by them in course of their duties. The request for appearance of the officials must clearly indicate, in which case and what qualification the official is to appear.

1. Information received pursuant to this Agreement shall be used solely for the purposes specified in this Agreement.

2. Information received pursuant to this Agreement may be transferred or used for other purposes only with the written consent of the customs administration provided such information.

3. Information received under this Agreement may be used by the customs administrations of the Parties as evidence in their reports, acts, protocols, as well as evidence during the administrative and judicial proceedings. The possible usage of this information as evidence in court and its legal status are determined in accordance with the laws of the country of the customs administration received such information.

4. The provisions of Paragraph 2 shall not apply to information on violations related to narcotic drugs and psychotropic substances. Such information may be transferred to the other Bodies of the states of Parties directly involved in the struggling against narcotic drugs and psychotropic substances trafficking.

5. Information received under this Agreement shall have the confident nature. This information shall be as secured by the customs administration received this information as the equal information is secured according to the laws of the state of this customs administration.

1. Personal information provided by the customs administrations under this Agreement shall be protected in the states of each Party according to the applicable laws on protection of the personal information and international contracts they take part in.

2. Each customs administration which receives personal information under this Agreement shall ensure its confidence and shall not transfer it to the third parties unless the customs administration providing the information gives the written consent.

3. Upon the request, the customs administration which receives the personal information shall inform the customs administration which provided such an information on its use and results achieved.

4. The customs administrations of the Parties shall ensure the protection of the personal information from its loss, unauthorized access, alterations or publication.

1. Requests made in accordance with this Agreement shall be sent in written form with the enclosures of documents necessary for it realization. When the urgency of the situation requires, the request may be received electronically, but shall be immediately confirmed in writing.

2. Requests made according to Paragraph 1 of this article shall contain the following information:

(a) the name of the customs administration making the request;

(b) the nature of the investigation, its subject and requested action;

(c) the object and the reason for the request;

(d) relevant legal instruments;

(e) most precise and detailed data on the natural persons and entities being the object for the request;

(f) the summary of the relevant facts to the object of the request and other legal acts;

3. The requests shall be submitted in the English language.

4. If the request does not meet the requirements of this Article, its amendment or direction may be requested, however it does not prevent from preliminary inquiries on such requests.

1. If the customs administration of the requested Party considers that the request performance would infringe upon the sovereignty, security, public order or any other essential interests of its state, it may refuse to provide the assistance requested under this Agreement, completely or partially, or else render the assistance on certain terms and requirements.

2. The assistance may be delayed by the customs administration of the requested Party provided that it may prevent the investigation carried out, prosecution or judicial proceeding. In this case, the customs administration of the requested Party informs the customs administration of the requesting Party regarding the terms of rendering assistance.

3. If the assistance is refused, the reason for the refusal shall be immediately notified in a written form to the customs administration of the requesting Party without delay.

1. The expenses incurred in the implementation of the request are borne by the customs administration of the requested party with the exception of expenses for witnesses, fees of experts, and costs of interpreters other than government employees which shall be paid by the customs administration of the requesting Party.

2. Reimbursement of any other expenses incurred in the implementation of this Agreement may be subject to additional negotiations between the customs administrations.

3. When exchanging official visits, the visiting party shall bear all financial costs associated with its officials' travel and stay expenses.

When officials of one party are delegated to the territories of the other party for exchange of experience and best practices, the delegating party shall bear all financial costs associated with its officials' travel and stay expenses. However, expenses and costs of experts and trainers shall be borne by the requesting party unless the two parties mutually agreed otherwise.

1. The customs administrations of the Parties render each other assistance pursuant to this Agreement. These authorities shall mutually agree on the particular arrangement for this purpose.

2. The customs administrations of the Parties may determine direct channels between their divisions to investigate the customs offences and, if necessary, between other divisions.

All disputes and controversies between the Parties concerning the interpretation and application of this Agreement shall be settled through consultations and negotiations between the Parties.

This Agreement shall be amended by the mutual agreement of the Parties through the separate protocols.

This Agreement shall apply in the territory of the Russian Federation and in the territory of the Hashemite Kingdom of Jordan subject to the provisions of their customs legislations.

1. This Agreement shall enter into force on the 30th day after the last written notification on the completion of the all necessary internal procedures by the Parties necessary for its entry into force is received through diplomatic channels.

2. This Agreement is concluded for an indefinite period of time and it shall be terminated from the date when one of the Parties receives writing notice from the other Party on its intention to terminate the agreement through diplomatic channels three months after receipt on the notice.

Done in Amman, on 21.01.15 in two original copies, each in Russian, Arab and English languages, all the texts being equally authentic. In case of divergence for the purposes of interpretation, the English text shall prevail.

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