MEMORAMDUM OF UNDERSTANDING ON COOPERATION AGAINST SMUGGLING AND CUSTOMS FRAUDS AMONG ECO MEMBER STATES
PREAMBLE
The Governments of the Islamic State of Afghanistan, Azerbaijan Republic, Islamic Republic of Iran, Republic of Kazakhstan, Kyrgyz Republic, Islamic Republic of Pakistan, Republic of Tajikistan, Republic of Turkey, Turkmenistan and the Republic of Uzbekistan, known as the Members of Economic Cooperation Organization (ECO),
BEARING in mind the inclination and need to expand cooperation between the Customs Administrations of Member States.
EXPRESSING their willingness to provide and create facilities and gain progress in relation to the smooth flow of goods and passenger traffic.
CONBCIOUS of the fact that any kind of violations of Customs Rules and Regulations inflicts not only irreparable economical and financial loss but also damages the social and cultural fabric of the society of relevant Member States.
BELIEVING firmly that any sound action to combat smuggling of goods, narcotic drugs and. psychotropic substances and customs frauds can be more effective through active, close and friendly cooperation and coordination.
Have Concluded the Following Memorandum of Understanding:
Article I
DEFINITION
1. In this MOU, the terms given below are to be defined according to World Customs Organization (Customs Cooperation Council) definitions.
a) Customs Law
b) Customs Fraud
c) Smuggling
d) Customs Authorities
2. The following to he defined according to the definitions contained in the U.N. Single Convention on Narcotic Drugs, 1961; and UN Single Convention on Psychotropic Substances 1971.
a) Narcotic Drugs
b) Psychotropic Substance
3. ”Customs Authorities” means decision making Customs officials of the Signatory Member states to the MOU.
Article 2
SCOPE OF ACTIVITY
1. This MOU shall act without prejudice to, or in any way be detrimental to unilateral, bilateral or multilateral commitments nor deter the acceptance of other international undertakings or commitments of each Signatory Member State.
2. All Signatory Member States shall in the framework of their own national laws extend cooperation and render necessary assistance to each other in order to raise the level of communications, expedite proceedings and take appropriate action to prevent Smuggling and Customs Frauds.
Article 3
PREVENTION OF ILLEGAL TRAFFICKING OF NARCOTICS, PSYCHOTROPIC
SUBSTANCES AND PRECURSORS
1. The Customs authorities party to this NOU, in order to a event and harder the illicit trafficking of Narcotics and Psychotropic substances shall without awaiting an official application or request, forward the following information to each other.
a) Persons identified or under suspicion of engaging in illicit trafficking of Narcotics Drugs and Psychotropic substances;
b) Transport vehicles including containers and postal packages which have been identified or under suspicion of being used is a means for the illicit flow of Narcotic Drugs.
c) Smuggling techniques and unlawful methods of entry and distribution of Narcotic Drugs and Psychotropic substances and new mechanism and efforts to control them.
2. The information, reports and documents forwarded by any
Signatory Member State to this MOU, can be put at the disposal of the judicial officials or other relevant national officials related to the combat against drugs.
Article 4
PREVENTION OF ILLEGAL TRAFFICKINQ AND
TRANSACTIONS OF SENSZTZVZ GOODS
The Customs Authorities of the Signatory Member States to this NOU, with the aim and purpose of preventing and hindering the illegal traffic, transport and transaction of sensitive goods and those substances which have been religiously and legally banned according to the national laws of the relevant states, shall undertake the following steps and inform each other of the following:
a) Real or legal entities identified or under suspicion of illegal trafficking, smuggling, customs frauds and offences.
b) Transport vehicles known to be or under suspicion of being used in the smuggling of goods or transactions, customs frauds and Customs offences.
c) Trafficking of arms, ammunition, explosive and inflammable materials.
d) Trafficking of ancient antiquities and artistic artifacts which are of historical, cultural and architectura1 value and considered as national treasures of one of the Signatory Member States to the MOU.
e) Trafficking of toxic and other deadly substance, which are hazardous to the environment and public health.
f) Trafficking of goods liable to payment of considerable amount of Customs Duties and Taxes.
g) Trafficking of sensitive and strategic materials
h) Trafficking of counterfeit money.
Article 5
CUSTOMS FORMALITIES
1. The Customs Authorities of the Signatory Member State shall undertake to harmonize and simplify the Custom procedures and expedite and smoothen the trans-shipment of goods in the jurisdiction of the Member States party to the MOU.
2. Transit of goods through the territory of each Member State signatory to this MOU shall take place according to the Transit Trade Agreement of the Economic Cooperation Organization,
3. Specimen Customs Seals and Stamps and other Customs documents of all Signatory Member States will be exchanged for mutual familiarization and extension of facilities.
Article 6
EXPERIENCE SHARING
The Customs Administrations signatory to this MOU shall take steps to share their experiences in the following fields:
a) Information related to equipment, trends and patterns used for trafficking in Narcotic Drugs, and Customs frauds.
b) Exchange visits of Customs officials in order to familiarize them with the modern techniques and equipment utilized to hinder the act of smuggling, offences and frauds.
c) Imparting education, training and assistance in upgrading the skills of the Customs officials and staff.
d) Exchanging information and sharing experiences in the relevant professional, technical and scientific fields.
Article 7
EXCHANGE OF CUSTOMS DOCUMENTS
Customs Administrations signatory to this MOU shall exchange among each other copies of their rules and regulation and other standard documents pertaining to the Customs, one month after its entry into force and shall in the future too, inform each other without fail of all the changes and amendments which come about in the related documents.
Article 8
INSPECTION AND CONTROL
1. Upon request from the Customs Authorities of the parties to this MOU, the customs authorities of the other country shall inspect and control the relevant packages and goods and inform the other side of the outcome.
2. Inspection and control should be carried out according to the national laws and regulations of the country whose assistance has been solicited and all expenses incurred for the inspection and control will be reimbursed by the requesting country.
3. Customs authority or authorities of each Member State signatory to this MOU can grant permission to the authority or authorities of the applicant country, to participate in the inspection and control of the specified packages.
4. Requests should be submitted in writing and contain the particulars of the participating authority and the need and ’ reasons for forwarding such a request.
Article 9
LEGAL IMPLEMENTATION OF THE REQUEST
1. The Customs Authorities will help each other in the processing and implementation of the legal requests according to the regulations prevailing in the relevant country.
2. The signatories of this MOU can desist from taking any action in this regard if these actions contravene and are in contradiction with their regulations and or trespasses on to their sovereignty.
3. In case one side of this MOU desists to extend any assistance, its decision and relevant reasons should he submitted in writing to the Customs authority of the requesting side.
Article 10
EXPERTS AND WITNESSES
If juridical, administrative and customs authorities of one partner to this MOU requests that goods which are related to customs offences of the other party of this MOU, be stopped, the other party can request that one of their experts appear as a witness in the court session. This participant can if necessary initiate action to submit the necessary documents and records as requested by the court.
Article 11
DOCUNENTS
1. The official and attested documents or their attested photocopies, in connection with the violation cases, will be forwarded to the relevant judicial organ.
2. Documents referred to in ”subpara” should be returned to the forwarding authority at the earliest.
3. Contents of this article should in no way cause any harm to the legal rights and interests of the country, which has forwarded the documents.
Article 12
APPLZCATION OF INFORMATION
The Customs authorities signatory to this MOU can make reference to and use all the information and documents received according to this MOU, in their protocols or reports or any other subject matter which have come up during inspection and control and they can also be utilized for judicial or official judgments in connection with the customs
Article 13
REIMBURSEMENT OF EXPENSES
The Customs authorities of the applying Member State shall reimburse all expenses incurred by the opposite state for things such as preparation of documents and reports and use of experts and translators.
Article 14
EFFECTIVE DATE AND
IMPLEMENTATION PROCESS
1. This MOU shall come into force, two months after more than three member countries have signed it, provided it bas the same original structure and shape it was compiled.
2. The Customs authorities of the parties to this MOU will prepare the groundwork for its implementation within the framework of their competencies.
3. To achieve the aims of this MOQ, the Customs authorities of each country, will provide the necessary co ordinations among the relevant and subsidiary Customs departments.
4. The representatives of the Customs authorities can meet each other periodically or as and when necessary in the territory of one of the signatory parties to this MOU and discuss the follow up action of the relevant problems.
Article 15
VALIDITY
This MOU is valid for FIVE years and in case no written notice is received before the expiry of this date, it will be extended automatically for five more years.
Article 16
The present MOU is drawn up in ore original copy containing 16 Articles in the English language.
DONE in Almaty this Ninth day of the May in the year One Thousand Nine Hundred and Ninety Eight.
IN WITNESS WHEREOF the undersigned, being duly authorized there to have singed this Memorandum of Understanding.