Статья 20«Соглашение между Правительством Российской Федерации и Правительством Исламской Республики Иран о сотрудничестве и взаимной административной помощи в таможенных делах» [рус., англ.]

1. Настоящее Соглашение вступает в силу по истечении 30 дней с даты получения по дипломатическим каналам последнего письменного уведомления о выполнении Сторонами внутригосударственных процедур, необходимых для его вступления в силу.

2. Каждая из Сторон вправе прекратить действие настоящего Соглашения путем направления другой Стороне письменного уведомления о таком своем намерении. В таком случае действие настоящего Соглашения прекращается через 3 месяца с даты получения указанного уведомления.

3. Прекращение действия настоящего Соглашения не влияет на права и обязательства Сторон, возникшие в результате выполнения настоящего Соглашения до прекращения его действия, если Стороны не договорятся об ином.

4. С даты вступления в силу настоящего Соглашения прекращает свое действие Соглашение между Правительством Российской Федерации и Правительством Исламской Республики Иран о сотрудничестве и взаимной помощи в таможенных делах от 29 июля 1998 г.

Совершено в г. Тегеране 16 мая 2016 г. в двух экземплярах, каждый на русском, фарси и английском языках, при этом все тексты имеют одинаковую силу. В случае разногласий для целей толкования будет использоваться текст на английском языке.

The Government of the Russian Federation and the Government of the Islamic Republic of Iran, hereinafter referred to as «the Parties»,

considering the importance of assuring the accurate assessment of Customs duties and taxes, as well as any other charges and fees on the importation/exportation of goods and of ensuring proper enforcement of measures of prohibition, restriction and control regarding the importation/exportation of goods,

considering that offenses against Customs legislations of each country of the Parties are prejudicial to the security of the states of the Parties, as well as their economic, financial, commercial, social and cultural interests,

convinced the need for international cooperation in matters in connection with enforcement of the Customs legislation of each country of the Parties,

convinced that actions against Customs offenses can be made more effective by close co-operation between their Customs Administrations,

Having regard to the Recommendation of the Customs Cooperation Council on the Mutual Administrative Assistance of December 5, 1953, and the Declaration on the Improvement of Customs Cooperation and Mutual Administrative Assistance (the Cyprus Declaration) adopted in June 2000,

Article 1

1. For the purposes of this Agreement the following terms are used:

the term «Requested Customs Administration» shall mean the Customs Administration which receives request for assistance in customs matters under this Agreement or renders such assistance;

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

the term «information» shall mean any data, documents, reports, and any other communications in any format, as well as their attested copies;

the term «controlled delivery» shall mean the technique of allowing the illegal or suspicious consignments containing the narcotic drugs, psychotropic substances or other illicit goods through the territories of the Parties with the knowledge and under the supervision of the competent authorities of the states of the Parties to be imported into the territories of the states of the Parties or exported from the territories of the states of the Parties as well as to be transited through the territories of the states of the Parties in order to identify the persons involved in the customs violation;

the term «person» shall mean any natural person or any legal person;

the term «narcotic drugs and psychotropic substances» shall mean any substances, enumerated on the Lists of Single Convention on the narcotic drugs, 1961 as amended by the 1972 Protocol amending the Single Convention on Narcotic Drugs, 1961, and Convention on psychotropic substances dated 21 of February of 1971;

the term «Supplies within the global supply chains» shall mean any supply of goods beyond the states from the place of their origin to the place of their destination;

the term «Precursors» shall mean controlled chemical substances used in the production of narcotic drugs and psychotropic substances, enumerated in the Lists I and II of the 1988 UN Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances;

the term «Customs administration» shall mean:

in the Russian Federation — the Federal Customs Service;

in the Islamic Republic of Iran — the Islamic Republic of Iran Customs administration;

the term «Customs laws» shall mean the provisions laid down by international contracts, laws and other regulations of the states of the Parties application and enforcement of which is imposed directly by Customs administrations, as well as any legal acts issued by the Customs administrations within their competence related to the importation, exportation and transit of goods, hand luggage and luggage of passengers, currency and other valuables, international mail, collection of customs payments, provision of preferences, placement of prohibitions and restrictions, as well as control over the movement of goods through the borders of the states of the Parties;

the term «Customs offense» shall mean any violation of Customs laws as well as any attempt to violate such laws;

the term «Customs Collections» shall mean customs duties, taxes, payments and other charges levied on the territory of the states of the Parties in accordance with their legislation, except charges and fees for rendering services.

2. In case of the transfer of authority for the implementation of this Agreement to the other body or the customs administration name change of its State each Party immediately informs through the diplomatic channels the other Party.

Article 2

1. The Parties shall through the Customs administrations in accordance with the provisions of this Agreement render each other mutual assistance to achieve the following goals:

a) to ensure proper application of customs laws;

b) to prevent, investigate and suppress customs offences; to ensure security of supplies within global supply chains;

c) to ensure security of supplies within global supply chains.

2. The mutual assistance under this Agreement is provided according to the legislation of the state of the requested customs administration within its competences and resources.

3. The provisions of this Agreement shall not prejudice the rights and obligations of the Parties arising from other international contracts where their states take part in, including the contracts of legal assistance in criminal matters.

4. If the requested customs administration does not have requested information, it will take appropriate measures to receive this information according to the applicable legislation of its state acting on its own behalf.

Article 3

1. The Customs administrations take measures to streamline customs operations.

2. The Customs administrations recognize identification means applied by each other (seals, imprints, stamps and other identification means agreed by the customs administrations).

Article 4

The Requested Customs Administration shall provide each other with technical assistance in customs matters including:

a) exchange of visits of customs officials to familiarize with customs technologies applied by the customs administrations;

b) training and assistance in improvement of special skills of customs officials;

c) exchange of information and experience in application of devices of customs control;

d) exchange of professional, research and technical information on rules and procedures of customs laws.

Article 5

1. The requested customs administration shall, upon request, in order to enforce the Customs laws of Parties properly and to avoid evasion of Customs duties, provide the requesting customs administration with necessary information, if the latter has grounds to doubt authenticity and accuracy of data indicated in customs declaration on goods.

2. The request on the provision of information according to this article shall contain data on form of customs control carried out by the requesting customs administration.

3. The request for information in accordance with this Article shall be executed no later than in 2 months from the day of its receipt. If request cannot be executed partially or fully, the requested customs administration shall inform the requesting customs administration on the presumptive time terms of its execution.

Article 6

The customs administration of the state of a Party shall upon request or on its own initiative provide the customs administration of the state of the other Party information on persons and their goods, whose actions, whether carried out, accomplished or planned resulted in customs offence on the territory of the state of this Party.

Article 7

The customs administrations may, as mutually agreed, exchange information, as provided by this Agreement, as well as pre-arrival information on goods before their arrival to the territory of the states of the Parties by automated means, applied by the customs administrations.

Content, format and structure of the information as well as regulatory exchange terms are specified by the technical statement concluded between the customs administrations.

Article 8

1. The customs administrations shall on own initiative or upon request share necessary information regarding:

a) new efficient methods of combating of customs offences;

b) new directions, facilities and methods used when commission of the Customs offences;

c) new directions, facilities and methods used when commission of the Customs offences;

d) goods which the customs offences concern as well as methods of their transportation and storage;

e) methods of risk assessment used which can assist the customs administrations to improve the effectiveness of the customs control and establishments of favorable conditions for movement of goods.

2. The Parties may establish joint groups to control and investigate certain types of customs offences.

3. The groups indicated in paragraph 2 of the Article-operate in accordance with the legislation of the state of the Party, on the territory of which they operate.

4. If substantial damage to economy, public health and security, including security of supplies within the global supply chains or to other vital interests of the state of a Party is involved, the customs administration of the other Party provides in possibly short terms assistance on its own initiative.

Article 9

1. The customs administrations shall on their own initiative or upon request maintain surveillance and share information on:

a) any goods known or suspected to be used for customs offences on the territory of the state of the requesting customs administration;

b) any means of transport known or suspected to be used for customs offences on the territory of the state of the requesting customs administration;

c) any premises used for goods storage, known or suspected to be used for customs offences on the territory of the state of the requesting customs administration;

d) any persons, known to be committed customs offences or suspected to commit them on the territory of the state of the requesting customs administration, in particular on their entry to or exit from the territory of the state of the other Party.

2. The customs administrations may on their own initiative maintain surveillance, if they have grounds to believe that actions, whether planned, carried out or accomplished on the territory of the state of a Party violate customs laws on the territory of the state of the other Party.

Article 10

1. The customs administrations may, as mutually agreed in accordance with the laws of their countries, use the method of the controlled delivery of goods.

2. Objects, substances, means and goods involved in controlled deliveries as agreed may be intercepted or used for further transportation as well as kept untouched, seized or replaced partially or fully in accordance with the laws of the state of the Party which carries out such actions.

3. Every controlled delivery shall be decided on in every special case separately taking into consideration the agreements of the customs administrations on the relevant financial matters.

Article 11

Upon request the requested customs administration may authorize its officials to appear as experts or witnesses injudicial or administrative proceedings on the territory of the state of the requesting customs administration as regard of the Customs offences.

Such officials shall give evidence facts elicited by them in course of their duties. The request for appearance of the officials before the court must clearly indicate, in which case and capacity the official is to appear.

Article 12

1. The requests are exchanged, in accordance with this Agreement, directly in writing or by E-mail between the customs administrations with documents necessary for its execution attached. For these ends the customs administrations exchange lists of officials authorized to receive requests and their E-mails.

2. If the urgency of situation so requires, oral request may be accepted to be forthwith confirmed in written or (if acceptable for both Parties) electronic form.

3. Requests and attached documents are sent in English or in the language which is acceptable for both Parties.

4. Requests shall contain the following information:

a) the name of the requesting customs administration;

b) nature of the proceedings and measure requested;

c) the object and the reason for the request;

d) relevant legal instruments;

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

f) the summary of the relevant facts to the object of the request.

5. The originals of the documents may be requested only if it isn't enough to provide with the certified copies and are subject to be returned as soon as possible to the customs administration which provided such documents.

6. If the request doesn't meet the requirements of this Article, its amendment or correction may be requested, which shall not prevent the preliminary work regarding this request.

Article 13

1. If the Requested Customs Administration does not have the information requested, it may carry out the investigation to obtain this information.

2. If the Requested Customs Administration is not a competent authority to carry out investigation as indicated in paragraph 1 of this Article, it may make a request to the relevant public authority and shall inform the requesting Party of the case.

Article 14

1. The officials of the customs administration of the state of a Party may, on the written request and at the consent of the customs administration of the state of the other Party and under the conditions specified by this Party, be present in the territory of the state of this Party to investigate a customs offence.

2. The officials of the customs administration of the state of a one Party present in the territory of the state of the other Party, shall, in cases under this Agreement, furnish proofs of their capability according to the laws of the state of this Party anytime.

3. The officials of the customs administration of the state of a one Party present in the territory of the state of the other Party, shall, in cases under this Agreement bear responsibility for violation of the laws of the state where there are staying. These officials shall not wear uniform and carry any weapon.

Article 15

1. Any information received pursuant to this Agreement shall be used solely by the customs administration for the purposes specified in this Agreement. It shall not he transferred or used for the other purposes, unless the customs administration which provided such information has expressed its written consent.

2. The customs administration of the state of one Party passing confidential information to the customs administration of the other Party in frames of this Agreement shall accordingly label it and/or its mediums. The customs administration that received this information shall ensure its protection according to the legislation of its state.

3. The customs administrations may use information received under the Agreement as evidence in administrative and judicial proceedings. The possible usage of this information as evidence in court and its legal status is determined in accordance with the laws of the country of the Customs Administration received such information.

Article 16

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

2. If the requesting customs administration requests for assistance which, it itself is unable to provide, it must mention this fact in the request. Compliance with such a request shall be within the discretion of the requested customs administration.

3. The assistance may be delayed by the requested customs administration provided that it may prevent investigation or judicial proceeding carried out. In this case, the requested customs administration informs the requesting customs administration thereon and consults with the requesting customs administration regarding the terms and conditions of rendering assistance required by the requested customs administration.

4. If the requested customs administration believes that expenses incurred by the execution of the request axe too high, it may refuse to provide assistance.

5. If the assistance is refused, the reason for the refusal shall be notified forthwith in a written form to the requesting customs administration.

Article 17

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

2. Reimbursement of any other expenses incurred in the implementation of this Agreement shall be subject to additional negotiations between the Customs Administrations.

Article 18

This Agreement shall apply to the territory of the Russian Federation and to the territory of the Islamic Republic of Iran.

Article 19

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

Article 20

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

2. The Parties are entitled to terminate this Agreement by notifying the other Party on its intention to do so. In that case this Agreement terminates in 3 months from the date of the receipt of the notification.

3. The termination of the Agreement shall not affect rights and obligations of the Parties arising from the execution of the Agreement before its termination, if not agreed by the Parties otherwise.

4. Since the moment this Agreement enters into force the Agreement between Government of the Russian Federation and the Government of the Islamic Republic of Iran on co-operation and mutual assistance in customs matters, signed on 29 of July, 1998 loses its power.

Done in Tehran on 16 of May 2016 in two original copies, each in Russian, Farsi, and English languages, all texts being equally authentic. In case of any discrepancies the English version shall be used for interpretation of this Agreement.

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