Статья 17«Соглашение между Правительством Российской Федерации и Правительством Республики Союз Мьянма о сотрудничестве и взаимной помощи в таможенных делах» [рус., англ.]

1. Настоящее Соглашение вступает в силу на тридцатый (30) день с даты получения по дипломатическим каналам последнего письменного уведомления о выполнении Сторонами внутригосударственных процедур, необходимых для его вступления в силу.

2. Любая из Сторон может прекратить действие настоящего Соглашения путем направления по дипломатическим каналам другой Стороне письменного уведомления о таком своем намерении. В этом случае действие настоящего Соглашения прекращается по истечении девяноста (90) дней с даты получения такого уведомления.

3. Запросы, полученные до прекращения действия настоящего Соглашения, должны быть исполнены в соответствии с его условиями.

Совершено в г. Москве 4 марта 2025 г. в двух экземплярах, каждый на русском, мьянманском 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 the Union of Myanmar (hereinafter individually referred to as a «Party» and collectively referred to as the «Parties»),

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

taking into account the need for the development of bilateral trade and economic relations between the States of the Parties,

given the importance of ensuring the accurate calculation of customs payments as well as compliance with prohibitions and restrictions, control in respect of imported and exported goods,

recognizing the need for active cooperation on combating international trade in counterfeit goods,

acknowledging the international standards of the Financial Action Task Force (FATF) on counteraction to money laundering and financing of terrorism and proliferation of weapons of mass destruction,

guided by the provisions of the Single Convention on Narcotic Drugs, 1961 as amended by the 1972 Protocol amending the Single Convention on Narcotic Drugs, 1961, Convention on Psychotropic Substances of February 21, 1971 and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of December 20, 1988,

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

Article 1

The terms used in this Agreement shall have the following meanings:

«requested customs administration» — the customs administration which receives a request for assistance in customs matters (hereinafter referred to as — the request) under this Agreement and/or provides such assistance;

«requesting customs administration» — the customs administration, which sends the request under this Agreement and/or receives such assistance;

«information» — any data, including electronic and photographic ones, reports, documents, their certified copies or any other messages, sent in any form and in any media;

«intellectual property» is understood as set forth in the Article 2 of the Convention establishing the World Intellectual Property Organization dated July 14, 1967;

«controlled delivery» — the technique which permits illegal or suspect consignments of narcotic drugs, psychotropic substances or substances which can replace them and other illegally moved goods to pass out of, through or into the territory of the State of the Party with the view to the investigation of an offence and identification of the persons involved in the commission of the offence connected to illicit trafficking in narcotic drugs, psychotropic substances and other illegally moved goods;

«counterfeit goods» — goods containing intellectual property (copyright and related rights, trademarks, geographical indications, names of places of origin of goods) created and/or moved across the State border of the States of the Parties in violation of the rights holder's rights, provided by the legislation of the States of the Parties;

«person» — any individual or legal entity;

«narcotic drugs and psychotropic substances» — substances included in the lists of the Single Convention on Narcotic Drugs, 1961 as amended by the 1972 Protocol amending the Single Convention on Narcotic Drugs, 1961, Convention on Psychotropic Substances of February 21, 1971 and in the national lists of the States of the Parties;

«precursors» — chemical substances used in the illicit manufacture of narcotic drugs and psychotropic substances and listed in Tables I and II of the Annex to the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of December 20, 1988 and listed in the national lists of the State of the Parties;

«dubious financial transactions» — transactions of participants in foreign economic activity with funds regardless of the form and method they are performed which have signs of lack of obvious economic sense and legal purposes and can be carried out for withdrawal of funds abroad, financing of «grey import» and subsequent tax evasion, as well as legalization (laundering) of incomes received by criminal ways, terrorism financing and other illegal purposes;

«customs administration»:

in the Russian Federation — the Federal Customs Service;

in the Republic of the Union of Myanmar — the Customs Department of the Ministry of Planning and Finance;

«customs payments» mean customs duties, taxes, customs fees and other charges levied by the customs administrations of the States of the Parties in accordance with international treaties and acts on customs regulation of the States of the Parties

«customs legislation» — a set of international treaties, laws and by-laws of each of the States of the Parties, application and enforcement of which are assigned directly to the customs administrations, as well as any legal acts issued by the customs administrations within their competence in respect of import, export, transit of goods, hand luggage and passenger luggage, currency assets and valuable items, international postal items, collection of customs payments, granting of customs payment exemptions, establishment of prohibitions and restrictions, as well as control of movement of goods across the state borders of each of the States of the Parties;

«customs offence» — any violation or attempted violation of the customs legislation.

Article 2

1. Cooperation of the Parties shall be performed in accordance with the legislation of their States and international treaties to which the States of the Parties are contracting parties.

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

a) exchange information on combating customs offences in accordance with the legislation of their States;

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

c) exchange information which facilitates carrying out of the customs control with a view to ensuring proper implementation of customs legislation, indication of information on goods classification, customs value and origin of goods in declarations as well as collection of customs payments;

d) render mutual assistance in verifying the authenticity of export and import documents, submitted to the customs administrations of the States of the Parties;

e) interact in research, development and testing of new tools and technologies aimed at prevention, investigation and suppression of customs offences, as well as in personnel training and exchange of experience on issues of mutual interest;

f) exchange information in order to prevent the import of counterfeit goods;

g) cooperate in the prevention, detection and suppression of dubious financial transactions, performed by the participants in foreign economic activity.

3. Mutual assistance under this Agreement is rendered by the requested customs administration in accordance with the legislation of its State and within its competences and capabilities.

Article 3

1. The customs administrations by mutual consent take the necessary measures to facilitate the movement of goods and vehicles for international transportation between the territories of the States of the Parties in order to create favorable conditions for the development of legal trade and increase of turnover between the States of the Parties.

2. The customs administrations acknowledge each other's means of customs identifications (seals, impressions of seals, stamps and other identification means agreed upon by the customs administrations) and customs documents.

Article 4

1. The customs administrations upon request or on their own initiative provide each other with information that is required for proper implementation of customs legislation, as well as information that facilitates carrying out of customs control of the reliability of declared data:

a) on the customs value of goods and the classification code of goods;

b) on compliance with prohibitions and restrictions, intellectual property rights to goods imported into or exported from the territories of the States of the Parties;

c) on detection of dubious financial transactions, including the establishment of facts of illegal withdrawal of funds abroad;

d) on the country of origin of goods;

e) other information on goods moved between the territories of the States of the Parties that may facilitate proper implementation of customs legislation.

2. The customs administrations provide each other on their own initiative or upon request with information on committed or planned actions that have led to or may lead to a customs offence in relation to the movement of:

a) weapons, ammunitions, explosives and explosive devices;

b) objects of art and antiquities that represent historical, cultural and archaeological value for the State of one of the Parties;

c) toxic substances and goods that are dangerous to the environment and public health, and/or nuclear materials;

d) goods taxed to high rated customs duties in accordance with the legislation of the State of one of the Parties;

e) narcotic drugs, psychotropic substances and their precursors;

f) cash money and/or financial assets;

g) objects specified in the Convention on the International Trade in Endangered Species of Wild Fauna and Flora of March 3, 1973;

h) counterfeit goods;

i) precious metals and stones as well as products made of them.

3. The customs administrations on their own initiative or upon request provide each other with the following information on planned or committed actions that constitute customs offence related to the legitimacy of movement of goods across the State border of one of the Parties, and through the territory of the State of one of the Parties, including the following information:

a) on persons suspected of preparing, committing or known to have committed customs offences;

b) on goods used in illicit trafficking in the territory of the State of one of the Parties;

c) on vehicles and containers used or suspected of being used for committing customs offences in the territory of the State of one of the Parties;

d) on new methods and means used in committing customs offences;

e) 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;

f) 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;

g) on customs procedure under which goods imported into or exported from the territories of the State of one of the Parties have been placed.

4. Upon request the customs administrations exchange statistics on goods moved between the territories of the States of the Parties.

5. The information indicated in this Agreement may be sent in writing or in electronic form. At the same time, all related materials and copies of documents necessary for the interpretation and use of this information shall be sent. Certified copies shall be sent on their own initiative or upon request.

6. Original documents shall only be requested if the certified copies are insufficient. Original documents, when they are no longer needed, shall be promptly returned to the customs administration which provided these documents.

Article 5

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 maintain surveillance within the framework of law enforcement over:

a) persons suspected of preparing, committing or known to have committed customs offences in the State of the requesting customs administration;

b) vehicles and containers used or suspected of being used for committing customs offences in the State of the requesting customs administration;

c) movement of goods defined by the requesting customs administration as illegally moved to the territory or from the territory of its State, or suspected thereof.

Article 6

1. The customs administrations may use the technique of controlled delivery by mutual consent in accordance with the legislation of the States of the Parties.

Article 7

The grounds for making requests are:

a) information indicating the violation (possible violation) of the customs legislation of the States of the Parties;

b) conducting of customs control by the customs authorities of the States of the Parties;

c) carrying out of comparative analysis of data on foreign trade statistics of the States of the Parties by the customs authorities of the States of the Parties.

Article 8

1. Requests shall be sent in written form accompanied by the documents that are, in the opinion of the requesting customs administration, necessary for its execution. Requests shall be sent via available technical means, including fax and e-mail, with the original documents being sent by post by the consent of the customs administrations.

2. Requests shall contain the following information:

a) name of the requesting customs administration;

b) reference to this Agreement;

c) type and subject matters of the proceedings, the requested action;

d) purposes and grounds for sending the request in accordance with Article 7 of this Agreement;

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

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

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

h) other information that may facilitate execution of the request.

Article 9

1. The requested customs administration shall provide a response within forty-five (45) days from the date of receipt of the request. If it is necessary to shorten the period for providing the requested information, a reservation is made in the text of the request indicating the reason. In this case, the period of the execution of the request is reduced to thirty (30) days.

2. 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 fax with subsequent sending by post with the consent of the customs administrations. Such additional information must be provided to the requesting customs administration not later than two (2) months from the date of sending the written request by the requested customs administration for the provision of such information. In this case, the period of the execution of the request is calculated from the date of receipt of additional information.

3. The requested customs administration sends a response to the request and provides the requesting customs administration with related materials and copies of documents. In this case, a reference to the request is required. The responses to the requests shall be sent via available technical means, including fax and e-mail, with the original document being sent by post with the consent of the customs administrations. The responses to the requests containing certified copies of documents or original documents shall be sent by post.

4. The response to the request shall contain:

a) requested documents and data;

b) information of verification activities carried out by the requesting customs administration (if any) and their results;

c) other documents and data which, in the opinion of the requesting customs administration, may facilitate for requesting customs administration the process of taking decisions and measures envisaged in the legislation of the State of the requesting customs administration.

5. If the requested customs administration does not have the requested information, it takes measures to obtain this information by 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 for one (1) month.

6. If it is not possible to provide a full or partial response within the time period prescribed in this Article the requested customs administration informs the requesting customs administration about the expected period of provision of the requested information.

7. If the requested customs administration is not a competent body to execute the request made by the requesting customs administration the requested customs administration sends the request promptly to the relevant competent body for its execution in accordance with the legislation of its State and informs the requesting customs administration thereon in writing within ten (10) days from the date of receipt of such request.

Article 10

1. If the requested customs administration considers that the execution of the request is likely to undermine the sovereignty, security, public order or any other essential interests of its State, it can completely or partially refuse to provide the requested assistance under this Agreement or render such assistance in compliance with certain conditions or requirements.

2. Assistance may be postponed by the requested customs administration if it may interfere with an ongoing investigation or proceeding. In this case, the requested customs administration shall notify the requesting customs administration. At the same time, the requested customs administration shall consult with the requesting customs administration on the terms and conditions of assistance that may be required by the requested customs administration.

3. If the requested customs administration requests assistance that it cannot provide itself, it notes this fact in its request. The execution of such a request shall be at the discretion of the requested customs administration.

4. The execution of the request may be denied if:

a) the request does not meet the requirements specified in Article 8 of this Agreement;

b) additional information requested in accordance with paragraph 2 of Article 9 of this Agreement was not provided within two (2) months from the date of sending of the request for additional information required for the execution of the request;

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

5. If the request for assistance is denied in whole or in part, the requested customs administration shall immediately inform the requesting customs administration about the decision on denial and the reasons for it in written form.

Article 11

1. After receiving a request, the requested customs administration shall conduct an official investigation under law enforcement into 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.

Article 12

1. The information received in accordance with this Agreement shall be used only for the purposes specified in this Agreement.

2. The information received in accordance with this Agreement may be transferred or used for other purposes only with the written consent of the requested customs administration that have provided such information.

3. The customs administrations may use the information received in accordance with this Agreement as evidence in administrative and judicial proceedings. 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 that have received such information.

4. The provisions in paragraph 2 of this Article shall not be applied to the information on offences 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 of narcotic drugs, psychotropic substances and their precursors.

5. The information received in accordance with this Agreement shall be confidential. The customs administration that receives the information in accordance with this Agreement shall ensure its adequate protection in accordance with the legislation of its State on the protection of confidential information.

Article 13

1. Cooperation provided for under this Agreement shall be carried out directly by the customs administrations.

2. The customs administrations shall establish direct contacts between their central departments and authorize their local departments and representative bodies in the States of the Parties to maintain contacts.

3. The customs administrations, depending on the available financial resources, shall arrange working meetings and seminars, as well as other joint activities that may be useful for the implementation of this Agreement.

4. In case the power to implement and apply this Agreement is transferred to another body or the name of the customs administration is changed each Party informs the other Party on such changes via diplomatic channels within ten (10) days from the date the changes enter into force.

Article 14

1. Any disputes and disagreements between the customs administrations concerning application and interpretation of the provisions of this Agreement shall be settled through consultations and negotiations between them.

2. Disputes and disagreements that cannot be settled as set forth in paragraph 1 of this Article shall be resolved through consultations and negotiations between the Parties.

Article 15

Upon mutual consent of the Parties, this Agreement may be amended by the separate protocols, such amendments shall be formed as an integral part of this Agreement.

Article 16

This Agreement shall be applicable in the territory of the Russian Federation and the territory of the Republic of the Union of Myanmar.

Article 17

1. This Agreement shall enter into force on the thirty (30) days following the receipt of the last written notice of the performance by the Parties of internal procedures necessary for its entry into force via diplomatic channels.

2. Any Party may terminate this Agreement by giving a written notice of such intention to the other Party through diplomatic channels. In this case, this Agreement shall terminate after ninety (90) days from the date of receipt of such notification.

3. All requests that were received before the date of denouncement of this Agreement shall be executed in accordance with this Agreement.

Done in Moscow on 4 March 2025, in duplicate, each in Russian, Myanmar and English, all texts being equally authentic. In case of divergence in the interpretation of this Agreement, the English text shall be used.

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