Статья 18«Соглашение между Правительством Российской Федерации и Правительством Республики Никарагуа о сотрудничестве и взаимной помощи в таможенных делах» [рус., англ.]

1. Настоящее Соглашение вступает в силу по истечении 30 дней со дня 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 момента истечения 6 месяцев с даты получения одной Стороной письменного уведомления другой Стороны о ее намерении прекратить действие настоящего Соглашения.

3. По согласованию Сторон в настоящее Соглашение могут быть внесены изменения, которые оформляются отдельными протоколами.

Совершено в г. Москве 12 декабря 2022 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 используется текст на английском языке.

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

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

considering the importance of ensuring the accurate assessment of customs duties, taxes, customs fees and other payments collected on the import or export of goods as well as the proper implementation of the provisions of prohibitions, restrictions and control of importation and exportation of goods,

convinced that actions to prevent offences against the customs legislation and efforts ensuring comprehensive revenues collection through customs duties, taxes, customs fees and other payments levied for import and export of goods can be made more effective through cooperation between customs administrations of the States of the Parties,

taking into account that the illicit traffic in narcotic drugs, psychotropic substances and their precursors and drug-related criminal activity threat public health and society of the States of the Parties,

recognizing the need to intensify cooperation in the field of suppression of counterfeiting international trade,

recognizing the international standards of Financial Action Task Force (FATF) on counteraction to money laundering and financing of terrorism as well as to financing of distribution of weapons of mass destraction,

guided by the provisions of the 1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol amending the Single Convention on Narcotic drugs 1961, the Convention on Psychotropic Substances of February 21, 1971, the Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of December 20, 1988, the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal of March 22, 1989, and having regard to the Recommendation of the Customs Cooperation Council on Mutual Administrative Assistance of December 5, 1953,

have agreed as follows:

1. The terms used in this Agreement mean the following:

«requesting customs administration» — the customs administration, which sends a request for assistance in the customs matters hereunder and/or receives such assistance hereunder;

«requested customs administration» — the customs administration, which receives a request for assistance in customs matters hereunder and/or provides such assistance hereunder;

«information» — any data, reports, documents, and their certified copies thereof or any other communications;

«controlled delivery» — a method, which allows the export from, import into or transit through the territory of the State of the Party of illicit or suspicious consignments of narcotic drugs, psychotropic substances or their substitutes, and other illegally transported goods with the knowledge and under the supervision of the competent authorities of the States of the Parties, with a view of identification of persons involved in the illicit traffic of narcotic drugs, psychotropic substances and other illegally transported goods;

«connection officer» — a contact person, authorized to transmit information;

«narcotic drugs» — substances included in the lists of the Single Convention on Narcotic Drugs of 1961, as amended in accordance with the 1972 Protocol Amending the Single Convention on Narcotic Drugs of 1961;

«precursors» — the chemicals and solvents used in manufacturing of narcotic drugs and psychotropic substances included in the Annex to the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of December 20, 1988;

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

«dubious financial operations» — operations of participants of foreign economic activity with financial means regardless of the form and method of their implementation, having signs of lack of obvious economic sense and obvious legal purposes, which can be carried out for the withdrawal of funds abroad, financing of «grey import» and subsequent tax evasion, and legalization (laundering) of proceeds obtained by criminal means, financing of terrorism and other illegal purposes;

«customs administration»:

in the Russian Federation — the Federal Customs Service;

in the Republic of Nicaragua — the General Customs Service;

«customs legislation» — a set of international treaties, laws and regulations of each 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 regarding import, export, transit of goods, hand luggage and passengers luggage, currency and other valuables, international mail shipments, collection of customs payments and other payments, provision of exemptions, establishing of prohibitions and restrictions, and also regarding control of movement of goods across the state borders of the States of the Parties;

«customs offence» — any violation of customs legislation or attempted violation of this legislation;

«customs payments» — the customs duties, taxes, customs fees levied by the customs authorities of the States of the Parties in accordance with legislation of the States of the Parties;

«goods» — all the types of material or intangible values, that can be interpreted in accordance with the Harmonized Commodity Description and Coding System, which can be transported and be a subject of the customs procedures.

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

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

a) undertake measures in order to facilitate and expedite movement of goods between the territories of the States of the Parties including through the exchange of information which may be used in conducting customs control with the use of risk management system;

b) render mutual assistance in prevention, investigation and suppression of customs offences as well as in the performance of dubious financial operations by the participants of foreign economic activities within the powers defined by the legislation of the States of the Parties;

c) exchange information with the view to ensure compliance with customs legislation.

2. The customs administrations share experience and best practices with the view to improve available customs technologies of the States of the Parties.

3. The customs administrations acknowledge the means of customs identification of each other (lead seals, impressions of seals, stamps and other identification means agreed upon by the customs administrations), customs documents of each other. If it is necessary for customs purposes the customs administrations affix their own means of customs identification on transported goods.

1. The customs administrations shall provide each other on their own initiative or upon request of assistance in customs matters (hereinafter referred to as request) with information necessary to control compliance with customs legislation:

a) on customs value of goods and their classification;

b) on compliance with prohibitions and restrictions in respect of goods imported or exported by the States of the Parties;

c) on the country of origin of goods;

d) other information on goods transported between the territories of the States of the Parties, which may be used in conducting customs operations and customs control.

2. The customs administrations shall also provide each other with the information on:

a) new methods of combating customs offences, that have demonstrated their efficiency;

b) new trends, means and methods of committing customs offences;

c) technologies and methods of customs clearance of goods.

3. The customs administrations shall also render mutual assistance for the following purposes:

a) creating, developing and improving of training programs for their customs officials;

b) organization and supporting of communication channels between each other for the purposes of safe and expeditious information exchange;

c) efficient cooperation, including exchange of visits of customs officials and designation of connection officers;

d) examination and testing of new equipment and procedures;

e) consideration of any other issues which can require their mutual efforts.

4. The customs administrations will exchange information that can help to identify dubious financial transactions, including the establishment of illegal withdrawal of financial assets abroad.

The grounds of sending requests are:

a) the information that indicates the violation (possible violation) of the customs legislation of the State of the requesting customs administration;

b) carrying out the customs control by the customs administrations of the States of the Parties.

The customs administrations shall, on their own initiative or upon request, within their competence and capabilities and in accordance with the legislation of their States carry out supervision within the framework of law enforcement over:

a) persons known or suspected of committing customs offences, particularly over their entry into the territory of the State of the requested customs administration and exit from the territory of the State of the requested customs administration;

b) movement of goods and cash that are reported as or suspected of being by the requesting customs administration illicit traffic into or from the territory of its State;

c) any vehicles known to be or suspected of being used for committing customs offences in the State of the requesting customs administration;

d) places used for storing goods that may become subject of illicit traffic between the territories of the States of the Parties.

1. The requested customs administration must provide a written response containing the requested information within 30 days from the date of receipt of the request. If it is not possible to provide a full or partial response within the prescribed time period, the requested customs administration informs the requesting customs administration about the expected period of provision of requested information.

If it is necessary to shorten the period for providing the requested information, a remark is made in the text of the request indicating the reasons. In this case, the period of the execution of the request is reduced to two weeks.

If the requested customs administration does not have the requested information, including if it is necessary to obtain information from other state bodies, it takes measures to obtain this information, acting on its own behalf, in accordance with the legislation of its State. In this case, the period of the execution of the request is extended by one month.

The requested customs administration may address the requesting customs administration for additional information, if it is necessary for the execution of the request. This appeal is sent by e-mail or facsimile with subsequent sending by mail. Such additional information must be provided by the requesting customs administration no later than two months from the date of sending the written request of the requested customs administration for its provision. In this case, the period of the execution of the request is calculated from the date of receipt of additional information.

2. The information specified in this Agreement may be transmitted in electronic form or in writing. At the same time, all related materials and copies of documents necessary for the interpretation and use of this information shall be transmitted. Certified copies of documents are transmitted on their own initiative or on the basis of an appeal.

3. The exchange of information under this Agreement is carried out via the officials of the customs administrations of the States of the Parties.

The customs administrations shall exchange the lists of authorized officials of the customs administrations of the States of the Parties and their e-mail addresses no later than 30 days after the date of entry into force of this Agreement. The customs administrations shall inform each other immediately on changes in the specified lists.

1. The customs administrations may by mutual agreement and in accordance with the legislation of their States in order to identify persons involved in illegal trafficking of goods, the trafficking of which is prohibited, or that require a special license, may use the controlled delivery method.

2. Goods, that are subject to controlled delivery method may, upon the agreement of customs administrations can be fully or partially withdrawn or replaced in accordance with the legislation of the States of the Parties.

3. Financial expenses related to the controlled delivery method will be subject to arrangements between the customs administrations and the legislation of the States of the Parties.

1. In the case of receipt of a request, the requested customs administrations may authorize its officials to act as experts or witnesses in judicial or administrative proceedings related to the violation of the customs legislation in the State of the requesting customs administration.

2. These officials give testimony on the facts established by them in the performance of their duties. Evidence obtained in a foreign State shall be accepted for proceeding in accordance with the legislation of each of the States of the Parties.

3. The requesting customs administration shall inform the requested customs administration in advance of the date and place of the testimony of the official.

4. In case when the requesting customs administration sends a request for the presence of an official of the requested customs administration in the territory of its State in order to act as an expert or witness, the requesting customs administration shall send a written invitation to the expert or witness for voluntary testimony in judicial or administrative proceedings of the requesting customs administration without applying any measures of influence or pressure.

1. After receiving the request the requested customs administration shall conduct a formal investigation within the framework of law enforcement regarding to actions that violate or may violate the customs legislation of the State of the requesting customs administration. The results of such investigation shall be sent to the requesting customs administration.

2. The investigation provided 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 the State of one Party with the consent of the customs administration and in accordance with the legislation of the State of the other Party in certain cases may be present at the territory of the State of the other Party during the investigation of customs offenses committed in the territory of the State of its Party.

4. Based on the results of the investigation or judicial proceedings in the territory of the State of each of the Parties and when one customs administration address the other customs administration, a detailed report should be sent in accordance with the legislation of the States of the Parties in order to attach it to the materials of the case of the State of each of the Parties.

1. The request made under this Agreement shall be sent in written form accompanied by the documents that are, in the opinion of the requesting customs administration, necessary for its execution. In cases of urgency, a verbal request or a request in electronic form may be received, but it must be officially confirmed in writing as soon as possible.

2. The request made under this Agreement must contain the following information:

a) reference to this Agreement;

b) name of the requesting customs administration;

c) type of the proceedings and the requested action;

d) purpose and ground of sending request in accordance with the Article 4 of this Agreement;

e) list of regulatory legal acts related to the case;

f) accurate and comprehensive information about the persons subject to the investigation or customs control;

g) brief description of the circumstances related to the case;

h) other data which could help in executing the request.

3. The request made under this Agreement shall be sent in official language of the State of the requested customs administration, in English or in other language acceptable for the requested customs administration.

In justified cases, when there is a need to provide more accurate and complete information about the persons in respect of whom the investigation is being conducted, the request should also include:

a) personal data of the persons (surnames, names) in respect of which the investigation is being conducted, and their alleged location;

b) personal data of the persons (surnames, names) who may act as witnesses to obtain evidence, and their alleged location);

c) description and the exact address of registered objects subject to confiscation.

1. Information received under this Agreement shall be used solely for the purposes provided for by this Agreement. It may be transferred or used for other purposes only with the written consent of the customs administration having provided this information.

2. The provisions of paragraph 1 of this Article shall not be applicable to information concerning offences related to narcotic drugs and psychotropic substances.

Such information may be transferred to other authorities of the States of the Parties directly involved in the combating illicit traffic of narcotic drugs and psychotropic substances.

3. The customs administrations may, in accordance with the purposes and under this Agreement, 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 customs administrations receiving the information in accordance with this Agreement shall ensure adequate protection thereof in accordance with the legislation of its State related to protection of confidential information.

1. In case the requested customs administration considers that the execution of the request is likely to harm the sovereignty, security, public order or any other essential interests of its State, it can completely or partially decline to provide the requested assistance hereunder or render such assistance in compliance with certain conditions or requirements.

2. In case the requesting customs administration requests assistance that it could not provide itself, in its request it notes this fact. The execution of such a request shall be at the discretion of the requested customs administration.

3. Assistance may be postponed by the requested customs administration if it may interfere with the ongoing investigation or judicial proceeding. In this case, the requested customs administration shall notify the requesting customs administration thereon and consult with the requesting customs administration with respect to the period and conditions of assistance that may be required by the requested customs administration.

4. Providing information on request can be refused when:

a) the request does not meet the requirements specified in Article 10 of this Agreement.

b) the additional information requested in accordance with paragraph 1 of Article 6 of this Agreement has not been received within two months from the date of the request for additional information necessary for the execution of the request;

c) the request cannot be executed for objective reasons beyond control of the requested customs administration.

5. In case if assistance is denied, the decision on denial including the reasons of it shall be immediately in written form provided to the requesting customs administration.

The customs administrations shall provide each other technical assistance in customs matters including:

a) exchange of visits of customs officials for the purpose of acquaintance with customs technologies used by customs administrations;

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

c) exchange of information and experience in the use of the technical equipment for customs control;

d) exchange of visits of experts on customs matters;

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

1. Expenses related to execution of the request pursuant to this Agreement shall be incurred by the requested customs administration excluding expenses on witnesses, experts and interpreters not employed by the government. The expenses of that sort shall be incurred by the requesting customs administration.

2. Reimbursement of other expenses related to the implementation of this Agreement may be a subject of a special arrangement between the customs administrations.

1. Assistance provided for under this Agreement shall be rendered directly by the customs administrations. The customs administrations shall agree with each other on specific measures necessary for the implementation of this Agreement.

2. The customs administrations shall arrange workshops and seminars, as well as other joint activities that may be useful for the implementation of this Agreement.

This Agreement shall apply in the territory of the Russian Federation and in the territory of the Republic of Nicaragua.

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

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

2. This Agreement is concluded for an indefinite period and shall stay in force until the expiration of six months from the date on which one of the Parties receives the written notification of the other Party on its intention to terminate this Agreement.

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

Done in Moscow on December 12, 2022, in duplicate, each in Russian, Spanish and English, all texts being equally authentic. In case of divergence in the interpretation of this Agreement the English shall be used.

For the Government of the Russian Federation	For the Government of the Republic of Nicaragua

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