Статья 13«Соглашение между Правительством Российской Федерации и Правительством Исламской Республики Иран о взаимном признании соответствующих институтов уполномоченного экономического оператора» [рус., англ.]

1. Настоящее Соглашение, за исключением пункта 3 статьи 5, вступает в силу на 30-й день с даты получения по дипломатическим каналам последнего письменного уведомления о выполнении Договаривающимися Сторонами внутригосударственных процедур, необходимых для его вступления в силу.

Пункт 3 статьи 5 настоящего Соглашения вступает в силу по истечении 90 дней с даты вступления в силу настоящего Соглашения.

2. Настоящее Соглашение заключается на неопределенный срок, однако любая из Договаривающихся Сторон вправе прекратить действие настоящего Соглашения посредством направления другой Договаривающейся Стороне письменного уведомления о таком намерении. В этом случае действие настоящего Соглашения прекращается по истечении 3 месяцев с даты получения другой Договаривающейся Стороной указанного уведомления.

3. В случае прекращения действия настоящего Соглашения каждая Договаривающаяся Сторона продолжает обеспечивать защиту информации, полученной в рамках его реализации.

Совершено в г. Тегеране 17 мая 2023 г. в двух экземплярах, каждый на русском, фарси и английском языках, причем все тексты имеют одинаковую силу. В случае разногласий в толковании настоящего Соглашения используется текст на английском языке.

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

taking into account the assessments carried out earlier by the Contracting Parties which confirmed that the authorized economic operator programs of the States of the Contracting Parties are initiatives aimed at complying with the legislation of each of the States of the Contracting Parties and at the improvement of security of supply chains and the promotion of legitimate trade;

recognizing that security standards applied to authorized economic operator programs are consistent with security regulations and laws established in accordance with the legislation of each of the States of the Contracting Parties and the Framework of Standards to secure and facilitate global trade of the World Customs Organization, adopted to the extent that the Contracting Parties made commitments to them;

recognizing the specific nature of customs administration procedures, forms and mechanisms and the regulatory legal acts adopted by the States of the Contracting Parties for the implementation of their authorized economic operator programs;

understanding that the mutual recognition of the authorized economic operator programs contributes to the security and compliance with legislation of each of the States of the Contracting Parties in respect of entire supply chains;

guided by the Agreement between the Government of the Russian Federation and the Government of the Islamic Republic of Iran on cooperation and mutual administrative assistance in customs matters of May 16, 2016,

Article 1

Terms used in this Agreement have the following meanings:

«Direct supply» — movement of goods from the territory of the State of one Contracting Party to the territory of the State of the other Contracting Party, in which the seller and exporter of the goods is an authorized economic operator (hereinafter — AEO), and the buyer and importer of these goods is also an AEO;

«Authorized economic operator» — a legal entity to which the status of AEO is assigned in accordance with the legislation of each of the States of the Contracting Parties, and also with the applicable international treaties entered into by the States of the Contracting Parties;

«Simplifications» — specific ways of conducting customs operations and customs control conducted in relation to AEOs performed in accordance with the legislation of each of the States of the Contracting Parties as well as the applicable international treaties entered into by the States of the Contracting Parties.

1. The competent authorities for the implementation of this Agreement, are:

for the Russian Contracting Party — the Federal Customs Service;

for the Iranian Contracting Party — the Customs Administration of the Islamic Republic of Iran.

2. In the event of a change of the competent authorities or their names, the Contracting Parties shall notify each other about such changes through diplomatic channels.

This Agreement shall apply to:

legal entities that are included by the competent authority of the Russian Contracting Party in the register of AEO;

legal entities that arc included by the competent authority of the Iranian Contracting Party in the register of AEO.

The Contracting Parties recognize that their AEO programs are compatible with each other in the following aspects:

the procedure and conditions for assigning, suspending and revoking AEO status;

the procedure for carrying out verification activities in relation to AEOs, as well as for monitoring the functioning of AEOs.

Procedures of assigning, suspending and revoking AEO status in the States of the Contracting Parties are based on the principles and standards of the Framework of Standards to secure and facilitate global trade adopted by the World Customs Organization.

1. Each of the competent authorities of the Contracting Parties recognizes the decisions of the competent authority of the other Contracting Party to assign the AEO status to a legal entity, but reserves the right to request from the competent authority of the other Contracting Party additional information related to the assignment of the AEO status to that legal entity.

2. Each of the competent authorities of the Contracting Parties takes into account AEO status of legal entities of the State of the other Contracting Party when assessing risks of violation of customs legislation during customs control of imported goods.

3. Each of the competent authorities of the Contracting Parties shall seek to provide in the stage of customs declaration and release of goods the following

simplifications for AEO in case of direct supplies of goods between AEO of the States of the Contracting Parties:

conducting of customs procedures on a priority basis;

carrying out customs examination or inspection on a priority basis;

carrying out documentary and physical customs control to the minimum extent, determined by the requirements of the risk management system.

4. Each of the competent authorities of the Contracting Parties has the right to suspend or revoke part of or all the granted simplifications in relation to AEOs provided that the competent authority of the other Contracting Party is informed about this no later than 3 working days before the start of the application of such measures with the indication of specific reasons for it. The specified information is sent via e-mail with the hard copy of a letter sent by mail.

1. If the competent authorities of the Contracting Party detect signs of violation of customs legislation by the AEO of the State of the other Contracting Party, it shall notify the competent authority of the other Contracting Party in writing with the submission of supporting documents and information with a request to conduct verification measures in respect of such AEO.

2. In case of confirmation of the fact of violation of customs legislation by the AEO, the competent authority of the Contracting Party of the violating AEO is obliged to consider the issue of revoking that AEO of its status in accordance with the laws and regulations of its State.

1. Subject to the applicable legislation of each of the States of the Contracting Parties the competent authorities of the Contracting Parties shall ensure regular exchange of the following information:

information about AEOs, including the names of the legal entities, their registration numbers, addresses and dates of assignment of the AEO status to them,

data on goods moved between AEOs.

2. Format and structure of the transferred information specified in paragraph 1 of this Article, as well as the procedure of its transfer, shall be determined by a separate technical regulation, which shall be approved by the competent authorities of the Contracting Parties no later than 6 months from the date of entry into force of this Agreement. The composition of specified information shall be agreed by the competent authorities of the Contracting Parties in written form no later than 3 months from the date of entry into force of this Agreement.

3. The competent authorities of the Contracting Parties subject to the laws and regulations of its States, shall inform each other of any changes in the laws and regulations regarding AEO programs and exchange their experiences in assigning AEO status.

1. Transfer, usage and disclosure of information shall be carried out by the competent authorities of the Contracting Parties in accordance with the laws and regulations of each State of the Contracting Parties, as well as the applicable international treaties to which they are parties. The competent authorities of the Contracting Parties shall ensure proper protection of information received in the framework of the implementation of this Agreement in accordance with the laws and regulations of each State of the Contracting Parties.

2. Information received in accordance with this Agreement shall be used exclusively for customs purposes. Information received in accordance with this Agreement may be transferred or used for other purposes only with the written consent of the competent authority of the Contracting Party providing this information.

1. All activities implemented by the competent authorities of the Contracting Parties in the framework of this Agreement are carried out in accordance with the laws and regulations of its States, as well as the applicable international treaties to which they are parties.

2. In order to implement this Agreement, the competent authorities of the Contracting Parties will determine their authorized officials responsible for operational interaction in order to solve problems arising for AEOs during application of customs procedures.

3. Each of the States of the Contracting Parties may observe the procedure for assigning the AEO status in the territory of the State of the other Contracting Party by the latter's consent.

Disputes between the Contracting Parties arising from the interpretation and/or implementation of the provisions of this Agreement shall be resolved by consultations and negotiations between the competent authorities of the Contracting Parties and through diplomatic channels.

Upon the agreement of the Contracting Parties, this Agreement may be amended by separate protocols.

This Agreement applies in the territory of the States of the Contracting Parties.

1. With the exception of Paragraph 3 of Article 5, this Agreement shall enter into force on the 30th day from the date of receipt through diplomatic channels of the last written notification of the completion by the Contracting Parties of the internal procedures necessary for its entry into force.

Paragraph 3 of Article 5 shall enter into force 90 days after the date of entry into force of this Agreement.

2. This Agreement is intended to be of unlimited duration, but each Contracting Party has the right to terminate this Agreement by sending to the other Contracting Party a written notification of such intention. In this case, this Agreement is terminated 3 months after the date of receipt of the specified notification by the other Contracting Party.

3. In case of termination of this Agreement, each Contracting Party continues to ensure the protection of information received in the framework of its implementation.

Signed in Tehran on the 17 of May 2023 in duplicate, each in Russian, Persian and English languages, all texts being equally authentic. In case of any disagreement in the interpretation of this Agreement, the English text shall prevail.

---