Статья 22«Соглашение между Правительством Российской Федерации и Правительством Королевства Марокко о сотрудничестве и взаимной административной 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 6 месяцев с даты получения одной Стороной по дипломатическим каналам письменного уведомления другой Стороны о ее намерении прекратить действие настоящего Соглашения.

Совершено в г. Рабате 11 октября 2017 г., в двух экземплярах, 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.

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

Considering that offences against customs legislation are prejudicial to the economic, social and cultural interests of their respective States,

Considering the importance of ensuring the accurate assessment of customs duties levied on import or export of goods and of ensuring proper enforcement of measures of prohibition, restriction and control of import and export of goods,

Recognizing the need for international cooperation in matters related to the application of Customs legislation of their States,

Convinced that efforts to prevent customs offences can be made more effective through cooperation between the Customs administrations of their States,

Considering that illicit trafficking of narcotic drugs, psychotropic substances and their precursors constitutes a danger to public health and to society,

Recognizing the Single Convention on Narcotic Drugs of March 30, 1961 with subsequent changes and amendments, the Convention on Psychotropic Substances of February 21, 1971 with subsequent changes and amendments and the Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of December 20, 1988,

Believing that information exchange between the customs administrations of their respective States are essential for prevention and combating of legalization of proceeds (money laundering),

Recognizing the necessity to stir up cooperation against international counterfeit trade,

Taking into account the growing concern in supply security and facilitation within international trade network in accordance with WCO Framework of Standards to Secure and Facilitate Global Trade,

Having regard to the Recommendation of the Customs Cooperation Council on Mutual Administrative Assistance of December 5, 1953,

Have agreed as follows:

Definitions

«customs administration»:

in the Russian Federation for the Federal Customs Service;

in the Kingdom of Morocco for the Customs and Excise Administration;

the «requesting customs administration» for the customs administration, which makes a request for assistance in customs matters according to the Agreement, or receives such assistance;

the «requested customs administration» for the customs administration, which receives a request for assistance in customs matters according to the Agreement or renders such assistance;

«information» for any data, documents, reports and attested copies thereof or any other communications;

«legalization (laundering) of criminally obtained income» for the activity to confer legal character to ownership, usage or order of proceeds obtained by criminal means;

«person» for any individual or legal entity;

«narcotic drugs» for any natural or synthetic substance, enumerated in the Schedules of the Single Convention on Narcotic Drugs of March 30, 1961, amended by the 1972 Protocol on amendments to the Single Convention on Narcotic Drugs of March 30, 1961, and included into the national lists of the Parties;

«precursors» for controlled chemical substances under control used in the illicit production of narcotic drugs and psychotropic substances, enumerated in the Schedules of the UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of December 20, 1988, and included into the national lists of the Parties;

«psychotropic substances» for any natural or synthetic substance, or any natural material, enumerated in the Schedules of the Convention on Psychotropic Substances of February 21, 1971, and included into the national lists of the Parties;

«customs legislation of the states of the Parties» for international agreements, laws and acts of secondary legislation of the States of the Parties, which are applied, enforced and implemented directly by the customs administrations, as well as any legal acts issued by the customs administrations within their responsibility, on movement of goods through the customs border, its storage and customs clearance;

«customs duties» for customs duties, taxes, charges and other payments levied by the customs administrations of the States of the Parties on the territory of the State of the Parties in accordance with their customs legislation, save for deductions and levies for the customs administrations of the States of the Parties;

«customs offence» for any violation of customs legislation as well as any attempt to violate such legislation;

«international trade chains supplies» for any actions on movement of goods beyond the state from its origin to its destination.

2. If the powers related to implementation hereof are transferred to another authority, or if the name of the customs administration is changed, each Party shall immediately inform the other Party through diplomatic channels.

Article 2

Scope

1. The Parties through the customs administrations of their States shall in accordance with this Agreement:

a) take measures to facilitate and accelerate the movement of goods between the territories of the States of the Parties;

b) assist each other in prevention, investigation and repression of customs offences;

c) exchange information which may be useful for appropriate application of the customs legislation of the States of the Parties, collection of duties, taxes and other charges, including information for accurate assessment of commodity classification, value and origin of goods;

d) cooperate in research, elaboration and testing of new means and technologies, aimed at prevention, investigation and suppression of customs offences, in personnel training and exchange of experts, as well as in any other issues which may entail joint efforts;

e) strive for harmonization and unification of their customs systems and to improvement of customs technologies.

2. Assistance under the Agreement shall be rendered in accordance with the legislation of the state of the requested customs administration within its competence and resources.

3. If the requested customs administration does not dispose of the requested information, it takes measures in order to obtain such information in accordance with the legislation of its state, acting on its own behalf.

Article 3

1. The customs administrations shall on mutual consent take any necessary measures 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 administration shall mutually recognize the means of customs identification (seals, seal impressions, stamps, brands and any other means of identification coordinated by the customs administrations) and customs documents used by the Parties. The customs administrations may place its own means of identification on the trafficked goods far customs purposes, if necessary.

Article 4

Upon request, the customs administrations shall provide each other with the following information:

whether goods imported into the territory of the requesting customs administration lawfully exported from the territory of the requested customs administration;

whether goods exported from the territory of the requesting customs administration lawfully imported into the territory of the requested customs administration.

Article 5

1. The customs administrations may on its own initiative or upon request provide mutual assistance in application of measures of intellectual property rights enforcement.

2. The customs administrations within their competence and capabilities also exchange information on goods, which may be counterfeited.

Article 6

The customs administrations cooperate in prevention legalization of proceeds (money laundering), obtained by criminal means, and financing of terrorism during customs control of movement of cash and stocks across the state borders of the Parties.

Article 7

1. The customs administrations shall on its own initiative or upon request provide each other with information which is necessary for proper application of customs legislation and assist each other in accurate assessment and full collection of customs duties and taxes, control of the accuracy of customs value, country of origin of goods and commodity classification.

2. The customs administrations exchange information on

a) new efficient methods against customs offences;

b) new techniques, means and methods of customs offences commitment;

c) results of successful application of new means and technologies, aimed at prevention, investigation and suppression of customs offences;

d) technologies and methods of customs clearance and customs control of goods.

3. The customs administrations shall in accordance with the legislation of their respective States cooperate to the following ends:

a) to create, work out and improve training programs for their officers;

b) to establish and maintain communication channels in order to promote secure and operative information exchange;

c) to exchange official visits and to appoint coordinators;

d) to study and test new equipment, means and technologies, aimed at prevention, investigation and suppression of customs offences;

Article 8

1. The customs administrations shall in accordance with the legislation of their respective countries on their own initiative or upon request keep surveillance over

a) persons known or suspected to have committed customs offences in the State of the requested customs administration as well as entrance of such persons on the territory of the other Party and departure therefrom;

b) vehicles known or suspected to be involved in customs offences on the territory of the requested customs administration;

c) storage spaces on the territory of the requesting customs administration known or suspected to be involved in customs offences.

2. The customs administrations shall exchange information on the results of surveillance without delay.

Article 9

1. The customs administrations shall on its own initiative or upon request provide each other with information on actions completed or planned which constitutes or may constitute a customs offence on the territory of their States.

2. The information mentioned in paragraph 1 on the Article may be transmitted in print or digitally with all relevant materials which are necessary for interpretation and use of the information.

3. The original documents may be requested only in the cases when the verified copies are insufficient and shall be returned to the representatives of the customs administration in the earliest possible time.

Article 10

1. Requests pursuant to this Agreement shall be sent in writing. Documents necessary for the execution of such requests shall accompany the request. When urgent circumstances so require, request may be accepted orally or by e-mail, but it must be confirmed officially in writing immediately.

2. Requests pursuant to paragraph 1 of this Article shall include the following information:

a) name of the requesting customs administration;

b) nature of the proceedings and measure requested;

c) object of and reason for the request;

d) laws, regulations and other legal elements involved;

e) indications as exact and comprehensive as possible on the persons being the target of the investigations;

f) summary of the relevant facts.

3. Request shall be submitted in English or in an official language of the state of the requested customs administration with translation, if necessary, or in any other language which is acceptable for both Parties.

4. If request does not meet the formal requirements under this Article, its correction or completion may be demanded, though it hampers preliminary work on such a request.

Article 11

Execution of a request

1. The requested customs administration shall conduct official investigation of actions which violate or may violate the customs legislation of the state of requesting customs administration. The results of investigation are transmitted to the requesting customs administration.

3. The officials of the customs administration of a Party may in separate cases upon consent of the customs administration of the other Party are present on the territory of the other Party in accordance with the legislation of its State while investigating customs offences committed on its territory.

Article 12

Conditions of the officials presence

When, in the circumstances provided for by this Agreement, officials of the customs administration of either Party are present in the territory of the other Party, they shall at all times be able to furnish proof of their official capacity in accordance with the legislation of this Party. They shall not wear uniform and carry guns.

1. On request, the requested administration may authorize its officials to appear as experts or witnesses before court in administrative or judicial proceedings on the territory of the requesting Party in connection with violations of its customs legislation.

2. Such officials give evidence on facts revealed in discharge of their functions. A request on such testimony should specify in which case and in which capacity the official shall act.

1. The information obtained under this Agreement must be used only for the purposes specified in the Agreement. Any other use of this information is possible only if the express written consent granted its Customs Service.

2. The provisions of paragraph 1 of the Article are not applied to the information on offences connected with narcotic drugs and psychotropic substances. Such information may be transmitted to the other authorities of the States of the Parties directly involved in combating illicit trafficking of narcotic drugs and psychotropic substances.

4. The Customs Service shall provide the same confidentiality to information received under the Agreement as required by legislation of the State of the Customs Service for their own information of a similar nature and content.

Exemptions to the obligation to rendering assistance

1. In cases when the requested customs administration believes that the execution of request would infringe the sovereignty, security, public order or any other essential interests of its state and also disrupt the commercial and professional secret, as well as contrary to the principles of domestic legislation of the States of the Parties, it can completely or partially deny assistance provided under this Agreement, or render it according to certain conditions or requirements.

2. In case of refusal to render assistance, the decision to refuse with the reasons must be immediately communicated in writing to the requesting Customs Service.

3. In case that the requesting customs administration asks assistance, similar to that could not help itself, in its request, it noted that fact. Implementation of such a request is transmitted to the discretion of the requested customs administration.

Article 16

The customs administrations shall provide to each other with technical assistance in the area of customs matters including:

b) training and assistance in developing specialized skills of the officials of the customs administrations;

d) exchange of visits of experts on customs issues;

e) exchange of professional, scientific and technical data relating to customs legislation, regulations and procedures.

2. Reimbursement of other expenses incurred in performance of this Agreement may be a subject of a special arrangement in between the customs administrations.

Article 18

Implementation

1. Assistance provided for under this Agreement shall be rendered directly by the Customs Services. The Customs Services may mutually agree on detailed arrangements for implementation of this Agreement.

3. The customs administrations adopt legal acts which are necessary for implementation of the Agreement.

Article 19

Territorial applicability

This Agreement shall apply in the territory of the Russian Federation and in the territory of the Kingdom of Morocco.

Article 20

Disputes and Disagreements

Disputes and disagreements between the Parties relating to the interpretation and application of the provisions hereof shall be settled by consultation and negotiation between the customs administrations.

Article 21

Amendments

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

Article 22

Entry into force and termination

1. This Agreement shall enter into force on the thirtieth day from the date of receipt through diplomatic channels of the last written notification by which the Parties have officially notified each other that the respective internal procedures for its entry into force have been fulfilled.

2. This Agreement is executed for an indefinite period and shall be valid until the expiration of 6 months after either Party receives through diplomatic channels a written notice of the other Party's intention to terminate this Agreement.

Executed in Rabat on 11th October, 2017 in two copies of equal legal force, each in Russian, Arabic and English.

In case of disputes for the purposes of interpretation of this Agreement, text in English shall be used.

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