Статья 21«Соглашение между Правительством Российской Федерации и Правительством Республики Парагвай о сотрудничестве и взаимной 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 в течение 6 месяцев с даты получения одной Стороной по дипломатическим каналам письменного уведомления другой Стороны о ее намерении прекратить действие настоящего Соглашения.

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

Совершено в г. Асунсьон 10 декабря 2019 г. в двух экземплярах, каждый на русском, испанском и английском языках, причем все тексты имеют одинаковую силу.

В случае разногласий для целей толкования настоящего Соглашения будет использоваться текст на английском языке.

The Government of the Russian Federation and the Government of the Republic of Paraguay, hereinafter referred to as the Parties,

based on the fact that violations of customs legislation are detrimental to the economic, social and cultural interests of the Parties,

taking into account the importance of accurate valuation of goods for calculation of customs payments, as well as the proper compliance with prohibitions, restrictions and controls in respect of the imported and exported goods,

convinced that prevention of violation of customs legislation and proper collection of customs payments can become more effective due to cooperation between the customs administrations of the States of the Parties,

taking into account the fact that the illicit traffic in narcotic drugs, psychotropic substances and their precursors threats public health and society,

guided by the Recommendation of the Customs Cooperation Council on Mutual Administrative Assistance of December 5, 1953,

guided by the provisions of the Single Convention on Narcotic Drugs of March 30, 1961 amended by the Protocol Amending the Single Convention on Narcotic Drugs, 1961 of March 25, 1972, the Convention on Psychotropic Substances of February 21, 1971, the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of December 20, 1988 and the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal of March 22, 1989,

have agreed as follows:

The terms used for purposes of this Agreement shall have the following meanings:

a) «requesting customs administration» — the customs administration, which sends a request for assistance in customs matters under this Agreement and receives such assistance;

b) «requested customs administration» — the customs administration, which receives a request for assistance in customs matters under this Agreement and provides such assistance;

c) «information» — any information, testimonies, reports, originals and certified copies of documents, or any other communications in any form on any medium;

d) «controlled delivery» — a method allowing movement between the Russian Federation and the Republic of Paraguay of illicit or suspect consignments of goods with the knowledge and under the supervision of the competent authorities of the States of the Parties according to the legislation of the States of the Parties, with a view to investigating offences and identifying persons involved therein;

e) «person» — any individual or legal entity;

f) «narcotic drugs» — substances included in the lists of the Single Convention on Narcotic Drugs, 1961 amended by the Protocol, 1972;

g) «psychotropic substances» — substances included in the lists of the Convention on Psychotropic Substances of February 21, 1971;

h) «precursors» — chemicals used in the illicit manufacture of narcotic drugs and psychotropic substances of the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988;

i) «customs legislation» — a set of international treaties, laws and regulations of the States of the Parties, application and enforcement of which is assigned directly to the customs administrations, and any regulations issued by the customs administrations within their competence in respect of import, export and transit of goods, hand baggage and luggage of passengers, currency and other values, international mail exchanges, collection of customs payment, granting benefits, imposition of prohibitions and restrictions, as well as control of goods movement across the state borders of the States of the Parties;

j) «customs administration»

in the Russian Federation — the Federal Customs Service,

in the Republic of Paraguay — the National Customs Directorate;

k) «customs offence» — any violation of customs legislation and any attempted violation of this legislation;

l) «customs payments» — the customs duties, taxes, fees levied in the territory of the State of the Party in accordance with the legislation of this State;

m) «toxic (poisonous) substances» — substances and wastes of the Annex III of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, 1989 which if they inhaled, ingested, or if they penetrate the skin, may cause death of human or have strong negative impact on him.

1. In accordance with the provisions of this Agreement, the Parties shall, through their customs administrations:

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

b) provide mutual assistance in prevention, investigation and suppression of customs offences;

c) exchange information with the view to ensure compliance with provisions of this Agreement;

d) interact in research, development and testing of new means and technologies aimed at prevention, investigation and suppression of customs offences, personnel training and experts exchange, as well as other issues which may require their joint efforts;

e) strive to improve customs technologies and solve problems relating to application and compliance with customs legislation of each State of the Parties.

2. Mutual assistance under this Agreement shall be performed in compliance with the legislation of the State of the requested customs administration within its competence and capabilities.

3. The provisions of this Agreement shall not affect the rights and obligations of the Parties arising from other international treaties to which their State of the parties, including treaties on mutual legal assistance in criminal matters.

1. The customs administrations on a mutual consent shall take the necessary measures to simplify customs procedures.

2. The customs administrations recognize each other's customs identification means (seals, seal impressions, stamps and other means of identification agreed by the customs administrations) and customs documents issued by other competent authorities of the States of the Parties and, if necessary, apply to the transported goods their own means of identification for customs purposes.

1. The customs administrations, on its own initiative or upon request, shall exchange information necessary to ensure proper compliance with customs legislation and to facilitate accurate valuation of goods and customs payments collection with a view to receive documents and information relating to customs procedures, for proper collection of customs duties and taxes.

The customs administrations shall exchange information on the following:

a) new means and methods of customs offences and effective ways of combating them;

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

c) technologies and means of commitment of customs operations and customs control of goods.

2. The customs administrations shall cooperate for the following purposes, if it does not contradict the legislation of each State of the Parties:

a) establishment, development and improvement of programs of their personnel training;

b) establishment and support of channels of communication between each other with a view to facilitate secure and rapid exchange of information;

c) effective collaboration, including exchange of experts and officials visits;

d) studying and testing new equipment, means and technologies, aimed at prevention, investigation and suppression of customs offences;

e) considering any other issues, which may require their joint efforts.

The customs administrations shall, on their own initiative or upon the request, within their competence and capabilities and in accordance with the legislation of their States, exercise special surveillance over:

a) persons suspected of preparing, committing or committed customs offense in the State of the requesting customs administrations, as well as the entry of these persons into the territory of the requested customs administrations and the departure from the territory of the requested customs administrations;

b) movement of goods, cash and other means of payment defined by the requesting customs administration as moving illegally to the territory or from the territory of its State, or suspicious in it.

c) the vehicles used or suspected of being used for committing customs offences;

d) places used for storage of goods illegally moved between the territories of the States of the Parties.

The customs administrations shall immediately provide each other, on their own initiative or upon request, all necessary information on committed actions or under preparation actions of persons which led or may lead to commitment of customs offence in respect of movement of:

a) weapons, ammunition, explosives and explosive devices;

b) art pieces, antiques and items of significant historical, cultural or archaeological value for the State of one of Parties;

c) toxic substances and other products that are dangerous to the environment and public health;

d) goods subject to high customs duties;

e) narcotic drugs, psychotropic substances and their precursors.

1. The customs administration of the State of one Party, on its own initiative, shall provide customs administration of the State of the other Party with information facilitating customs control over the reliability of the data on goods, submitted during a goods declaring:

a) on customs value and tariff classification of goods according to Commodity Nomenclature;

b) on compliance with prohibitions and restrictions in respect of imported, exported or transit goods;

c) on country of origin of the goods;

d) any other information on the goods transported between the territories of the States of the Parties, which may help ensuring the proper compliance with the customs legislation.

2. If the requested customs administration does not have requested information, it shall take measures to obtain this information in accordance with the legislation of its State acting on its own behalf.

The customs administrations shall provide each other, on its own initiative or upon request, with the following information:

a) whether goods imported into the territory of the State of one Party have been legally exported from the territory of the State of the other Party;

b) whether goods exported from the territory of the State of one Party have been legally imported into the territory of the State of the other Party.

1. The customs administration of the State of one Party shall provide the customs administration of the State of other Party, on its own initiative or upon request, with information on completed or planned activities which will cause or may cause customs offence in the territory of the States of Parties.

2. Information mentioned in paragraph 1 of this Article may be sent on paper or in electronic form. All related materials necessary for the interpretation and use of this information must be sent at the same time.

1. After receiving the request, the requested customs administration shall conduct a formal investigation of the acts that violate or may violate the customs legislation in force in the State of the requesting customs administration. The results of this investigation shall be sent to the requesting customs administration.

2. The investigation contemplated in paragraph 1 of this Article shall be conducted in accordance with the legislation of the State of the requested customs administration. The requested customs administration shall conduct investigation acting on its own behalf.

3. Officials of customs administration of one Party, in some cases, with the consent of customs administration of the other Party and in accordance with the conditions established by the customs administration of the other Party may be in the territory of the State of the latter during the investigation of customs offenses committed in the territory of the first Party.

4. Officials of the customs administration of the State of one Party being in the territory of the State of the other Party shall provide on demand the evidence of their authority prove on demand their credentials. They must not wear uniform and carry weapons as well.

1. For identifying individuals involved in illicit trafficking of goods, distribution of which is prohibited or which is allowed only with the special permission under the legislation of the States of the Parties, the customs administrations may, on a mutual agreement and in accordance with the legislation of the States of the Parties, use the method of controlled delivery.

2. Goods which are the object of the controlled delivery, with the consent of customs administrations, may be fully or partly seized or replaced according to procedures established by the legislation of the States of the Parties.

3. Goods of increased risk for the health of people, environment or which are the basis for manufacturing the weapons of mass destruction should be replaced according to procedures established by the legislation of the States of the Parties.

4. If controlled delivery is needed, financial costs shall be borne in accordance with the agreement between the customs administrations and with the legislation of the States of the Parties.

1. The information received pursuant this Agreement shall be used solely for the purposes specified herein.

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

3. The customs administrations may use as evidence in administrative and judicial proceedings the information obtained in accordance with this Agreement. The possibility of using such information as evidence in the courts and its probative value shall be determined by the legislation of the State of the customs administration, having obtained such information.

4. The provisions of paragraph 2 of this Article shall be not applied to information about violations related to narcotic drugs, psychotropic substances and their precursors. Such information may be transferred to other authorities of the States of the Parties directly involved in combating illicit trafficking in narcotic drugs, psychotropic substances and their precursors.

5. The information obtained in accordance with this Agreement shall be confidential. The custom administration receiving the information in accordance with this Agreement shall ensure adequate protection thereof in accordance with the legislation of its State relating to protection of confidential information.

1. The requests made under this Agreement shall be sent in writing accompanied by the documents required for their execution. In cases of urgency, the request may be received verbally or in electronic form, but it must be officially confirmed in writing without delay.

2. The requests made pursuant to paragraph 1 of this Article must contain the following information:

a) name of the requesting customs administration;

b) type and subject matter of the proceedings, the requested action;

c) purpose and reason for the request;

d) references to regulatory legal acts related to the case;

e) accurate and comprehensive information about activities and persons having committed them, which are the subject to the investigations or customs control;

f) a brief description of the circumstances relevant to the case;

g) any other information that can help in executing the request.

3. The requests shall be sent in English or in language acceptable to the States of the Parties.

4. If the request fails to meet the requirements provided for this Article, adjustment or modification may be requested, but it does not prevent the preliminary work in respect of such request.

1. In cases where the requested customs administration believes that the execution of the request is likely to prejudice the sovereignty, security, public order or any other essential interests of its State, it can completely or partially refuse the requested assistance hereunder or render such assistance in compliance with certain conditions.

2. If the request cannot be executed, the notification thereof, including the reasons for refusing this request, shall be immediately sent in writing to the requesting customs administration.

3. If the requesting customs administration applies for assistance which it could not render by itself, this fact must be stated in its request. Executing of such request shall be leaving to the discretion of the requested customs administration.

The customs administrations shall render to each other technical assistance in customs matters, including:

a) exchange of visits of customs administrations' officials with a view to learn about customs technologies used by customs administrations;

b) training and assistance in development of special skills of customs administrations' officials;

c) exchange of information and experience relating to the use of technical means and methods of customs control;

d) exchange of experts visits on customs matters;

e) exchange of professional, scientific and technical information on rules and procedures of customs legislation.

1. The costs associated with execution of the request in accordance with this Agreement shall be borne by the requested customs administration, other than the costs for witnesses, experts and non-public translators/interpreters. These costs shall be borne by the requesting customs administration.

2. Compensation for any other costs associated with the application of this Agreement may be subject to a separate arrangement between customs administrations.

1. The cooperation provided for herein shall be effected directly by the customs administrations. The customs administrations shall agree with each other specific measures necessary for the implementation hereof.

2. The customs administrations may provide the establishment of direct communication channels between their subdivisions.

This Agreement shall be valid in the territory of the Russian Federation and the territory of the Republic of Paraguay.

Disputes between the Parties arising from the interpretation and application of the provisions of this Agreement shall be settled by consultations and negotiations between the customs administrations.

By agreement of the Parties, this Agreement may be modified and amended by separate protocols.

Article 21

Entry into Force and Termination of this Agreement

1. This Agreement shall enter into force on the 30th day following the receipt through diplomatic channels of the last written notice by the Parties of the performance of their internal procedures necessary for entry into force.

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.

3. Termination of this Agreement shall not affect rights and obligations of the Parties created through the execution of this Agreement prior to its termination, unless the Parties otherwise agreed.

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