--- title: "\"Соглашение между Правительством Российской Федерации и Правительством Арабской Республики Египет о взаимной административной помощи в таможенных делах и борьбе с таможенными правонарушениями\" [рус., англ.]" status: действует canonical: "https://bukva.ai/docs/soglashenie-mezhdu-pravitelstvom-rossiyskoy-2769/statya-22" --- # Статья 22 ### Статья 22 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. Настоящее Соглашение заключается на 5 лет и автоматически продлевается на аналогичный период времени, если ни одна из Сторон не уведомит другую Сторону о намерении прекратить его действие не менее чем за 6 месяцев до истечения первоначального или любого последующего периода его действия. Совершено в г. Москве 23 октября 2015 года в двух экземплярах, каждый на русском, арабском и английском языках, имеющих одинаковую силу. В случае возникновения разногласия для целей толкования настоящего Соглашения используется текст на английском языке. (Подписи) ON MUTUAL ADMINISTRATIVE ASSISTANCE IN CUSTOMS MATTERS AND COMBATING CUSTOMS OFFENCES BETWEEN THE GOVERNMENT OF THE RUSSIAN FEDERATION AND THE GOVERNMENT OF THE ARAB REPUBLIC OF EGYPT (Moscow, 23.X.2015) The Government of the Russian Federation and the Government of the Arab Republic of Egypt, hereinafter referred to as the Contracting Parties, Considering the importance of accurate assessment of Customs payments levied on import and export of goods and of ensuring proper enforcement of prohibitions, restrictions and measures of control relating to import and export of goods, Considering that offences against Customs law are prejudicial to the security of the Contracting Parties and their economic, financial, social, and cultural interests, Recognizing the need for international co-operation in matters related to the application of their Customs laws, Convinced that action on prevention of Customs offences can be made more effective by cooperation between their Customs administrations, Recognizing the need to promote cooperation in suppression of international trade in counterfeit goods, Recognizing the provisions of the Recommendation of Customs Cooperation Council on Mutual Administrative Assistance dated to 5th December, 1953 and the Declaration of Customs Cooperation Council on the Improvement of Customs Cooperation and Mutual Administrative Assistance (the Cyprus Declaration) adopted in June 2000, Having regard to the international Conventions on prohibitions, restrictions and special measures of control in respect of goods, Have agreed as follows: Terms for the purposes of this Agreement: a) "Requested Customs administration" shall mean the Customs administration, which receives a request for assistance in customs matters according to the Agreement or renders such assistance; b) "Requesting Customs administration" shall mean the Customs administration, which makes a request for assistance in customs matters according to the Agreement or receives such assistance; c) "Information" shall mean any data (documents, reports and their attested copies or any other communications) sent in any form; d) "Controlled delivery" shall mean the method which allows the export from or the import into the territory of the other Contracting party of illegally consigned or suspected to be illegally consigned goods with the knowledge or under the control of the competent authorities in the countries, and for the puipose of detecting the persons committing the offences; e) "Person" shall mean any natural or legal person; f) "Personal data" shall mean any data relating directly or indirectly to identified or identifiable natural person; g) "Supplies within international trade supply chain" shall mean all processes involved in the cross-border movement of goods beyond the state borders from the place of origin to the place of final destination; h) "Customs administration" shall mean: in the Russian Federation - the Federal Customs Service; in the Arab Republic of Egypt - the Egyptian Customs Authority; i) "Customs law" shall mean laws and other relevant regulations of the states of the Parties administered and applied directly by the Customs administrations, as well as any legal acts issued by the Customs administrations within their responsibility, concerning moving of goods through the customs border, storage of goods, placing of goods under the customs procedures; j) "Customs offence" shall mean any violation or attempted violation of Customs law; k) "Customs payments" shall mean all customs duties, taxes, or any other charges which are levied in the territories of the Contracting Parties in application of Customs law, but not including fees for services rendered. 1. The Contracting Parties shall through their Customs administrations provide each other with administrative assistance under the terms set out in this Agreement, for: a) the proper application of Customs law, assistance for the accurate assessment and collecting customs duties; b) the prevention, investigation and combating of Customs offences; c) ensuring the security of the supplies within international trade supply chain. 2. All assistance under this Agreement shall be provided in accordance with the legislation of the State of the Requested Customs administration and within the limits of its Customs administration's competence and available resources. 3. The provisions of this Agreement do not affect rights and obligations of the Parties arising from the other international agreement which their states are parties in too, including the bilateral agreements on assistance in criminal cases. If the Requested Customs administration does not have the information requested it shall strive to obtain such information in accordance with the legislation of its state on its own behalf. 1. The Customs administrations shall provide each other, either on request or on their own initiative, with information which helps to ensure the proper application of Customs law, accurate assessment and collecting customs duties, the prevention, investigation and combating of Customs offences and the security of the supplies within the international trade supply chain and provide each other with the following information: a) new methods of combating Customs offences, which proved to be efficient; b) new trends, means and methods of committing Customs offences; c) goods known to be the subject of Customs offences, as well as transport and storage methods; d) persons known to have committed a Customs offence or suspected of being about to commit a Customs offence; e) technologies and methods of customs clearance and customs control; f) forms and methods of customs control including verification of data submitted by customs declaration on customs value of goods, their country of origin and classification code, as well as full payment of customs duties and other charges. 2. On request or on its own initiative, the Customs administrations shall provide each other with information on: a) whether goods imported into the territory of the State of the Requesting Customs administration have been lawfully exported from, the territory of the State of the Requested Customs administration; b) whether goods exported from the territory of the State of the Requesting Contracting Party have been lawfully imported into the territory of the State of the Requested Customs administration; c) if necessary, the Customs procedure, under which these goods have been placed. 3. Customs administrations exchange data that can be used in risk assessment. On request, the Requested Customs administration shall provide information to the Requesting Customs administration in accordance with its customs law, if it doubts the accuracy of data submitted in customs declaration and other documents. The Customs administration of the State of the Party shall, on request or on its own initiative, provides the Customs administration of the other State of the Party with information on activities, planned, ongoing, or completed which present reasonable grounds to believe that a Customs offence has been committed or will be committed. The Customs administrations may automatically exchange any information under this Agreement through information systems. Contents, structure and format of such information as well as the terms of its exchange are defined by separate protocols concluded between the Customs administrations. In special cases the Customs administration of the State of one Party, shall on its own initiative provide in shortest time to the Customs administration of the State of other Party information on activities, which may be prejudicial to economy, public health, public security and other vital interests state of the other Party. 1. Customs administrations shall on request or on their own initiative according to the legislation of their States provide each other with information on: (a) movement of goods, known to have been used or suspected of being used to commit a Customs offence in the territory of the State of the Requesting Customs administration; (b) means of transport known to have been used or suspected of being used to commit a Customs offence in the territory of the State of the Requesting Customs administration; (c) premises in the territory of the requested Contracting Party known to have been used or suspected of being used in connection with the commission of a Customs offence; (d) persons known to have committed or suspected of being about to commit a Customs offence in the territory of the State of the Requesting Customs administration, as well as persons moving into the customs territory of the other Party. 1. The Customs administrations may by mutual agreement permit the method of controlled delivery in accordance with the legislation of their States. 2. Every controlled delivery shall be decided on in every special case separately with due account for bilateral agreements between the customs administration on the relevant financial matters. 1. Contracting Parties may establish joint investigation teams for particular types of Customs offences. 2. Teams mentioned in the paragraph 1 of this Article shall operate in accordance with the legislation of the Contracting Party in the territory of which the activities are being carried out. 1. The requests under this Agreement are exchanged directly between the Customs administrations. 2. Requests with data necessary for its execution may be duplicated by e-mail. To these ends customs administrations exchange lists of officials which are designated to receive requests with indication of their e-mails. 3. Requests shall be made in English. 4. Requests for assistance under this Agreement shall include the following details: a) the name of the requesting administration; b) the matter at issue and type of assistance requested; c) object and reasons for the request; d) legal and administrative provisions that apply; e) a brief description of the case under review; f) accurate and sufficient data on persons to whom the request relates, if possible. 5. Original information shall only be requested in cases where copies would be insufficient according to the national legislation of the Parties, and shall be returned at the earliest opportunity. If the request does not meet the requirements of this Article its amendment or correction may be requested, however it does not prevent from preliminary inquiries on such requests. 1. If the Requested Customs administration does not have the information requested it may make inquiries to obtain that information in accordance with the legislation of its State. 2. If the requested Customs administration is not the appropriate authority to initiate enquiries provided in paragraph 1 of this Article, it may transmit the request to that authority. 1. When the customs administration receives a request the requested customs administration shall conduct official investigations of actions which are or may be prejudicial to customs legislation of the State of the requesting administration and transmit the results of such investigation to the requesting customs administration. 2. The investigation mentioned in the paragraph 1 of this Article is carried out in accordance with the legislation of the requested customs administration. The requested customs administration acts on its own behalf. 3. The officials of the customs administration of the one Contracting Party may in some cases under consent of the customs administration of the other Contracting Party be present on the territory of its state during investigation of customs offences committed on the on the territory of their Contracting Party. These officials only have an advisory role. On written request, officials of the requesting customs administration may, with the authorization of the requested customs administration and subject to conditions the latter may impose, for the purpose of investigating a Customs offence: a) access in the offices of the requested administration to documents and any other information in respect of that Customs offence, and to be supplied with copies thereof; b) be present during an inquiry conducted by the requested administration.
**Such officials shall perform only advisory roles.**
1. When officials of either Contracting Party are present in the territory of the other Contracting Party under the terms of this Agreement, they must at all times be able to furnish, in a language acceptable to the other Contracting Party, proof of their official identity in accordance with the legislation of the state of the other Contracting Party. 2. Officials shall, while in the territory of the other Contracting Party, be responsible for any offence of the legislation of its state they might commit. They shall neither wear uniform nor carry guns. 1. Any information received under this Agreement shall, be used only by the Customs administrations and solely for the purpose of administrative assistance under the terms set out in this Agreement. It may be transmitted or used for any other purposes only under written consent of the customs administration which supplied such information. 2. The customs administration shall subject the information received under this Agreement to the same confidentiality as internal information of the similar nature and contents is subject to under the legislation of its state. 3. The requesting customs administration may pursuant to this Agreement use information received under this Agreement as evidence in testimony, reports, testimonial evidence, as well as in legal proceedings. 1. Personal data exchanged by the customs administrations under this Agreement are subject to protection in the states of the Contracting Parties in accordance with their legislation on personal data protection and international agreements their states are parties to. 2. When the customs administration receives personal data under this Agreement, it shall subject it to confidentiality and shall not disclose it to a third party unless the providing customs administration gives its written consent. 3. The customs administration receiving personal data shall inform the customs administration which supplied that data of the use made of it and the results achieved. 4. The customs administrations shall protect personal data from loss, unauthorized access, amendment or dissemination. 1. The Requested customs administration shall have the right to refuse provisions of assistance whenever it has serious reasons to believe that compliance with the request may infringe the public policy, the sovereignty, security or any other substantive national interest of its State, or lead to disclosure of a State or commercial secret on the territory of the state of the requested customs administration. 2. 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. 3. Assistance shall be postponed by the Requested customs administration if there are grounds to believe that it will interfere with an ongoing investigation or legal proceeding. In such case the Requested Customs administration shall consult with the Requesting Customs administration to determine if assistance can be given subject to such time terms or conditions as the Requested Customs administration may specify. 4. If the requested administration considers that the costs required to fulfill a request are very expensive, it may decline to provide the requested assistance. 5. Where assistance is declined or postponed, reasons for declining shall be communicated immediately in written to the requesting customs administration. 1. The costs incurred in the application of this Agreement shall be borne by the requested Contracting Party, except for expenses and allowances paid to experts and witnesses, as well as costs of translators and interpreters, other than Government employees, which shall be borne by the requesting Contracting Party. 2. Reimbursement of other additional costs connected with the application of this Agreement may be determined additionally by the customs administrations. 1. Assistance under this Agreement shall be provided directly between the customs administrations. The customs administrations shall coordinate specific actions deemed necessary for application of this Agreement. 2. The Customs administrations may establish direct channels of communication between their central and local law enforcement bodies, as well as between other bodies. 1. Any dispute and disagreements between the Contracting Parties concerning the interpretation or application of this Agreement shall be settled by negotiation and consultations between the Customs administrations. 2. Disputes for which no solutions are found by such consultations shall be settled by diplomatic channels. 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 5 years and it shall be automatically prolonged for similar period unless one of the Parties send to the other Party notification on its intention to terminate the agreement no later than in six months before the expiry of the primary or subsequent period of its effect. Done in Moscow on 23 October 2015 in two original versions in Russian, Arabic and English each of them being equally authentic. In case of any divergence of interpretation of the provisions of this agreement, the English text shall prevail. ---