The Saeima has adopted and the President promulgated the following laws: For the Government of the Republic of Latvia and the Government of the Republic of Belarus to the Treaty on mutual assistance in customs matters article 1. 16 May 1998 in Daugavpils of Latvia signed the Government and the Government of the Republic of Belarus to the Treaty on mutual assistance in customs matters (hereinafter referred to as the Treaty) this law is adopted and approved. 2. article. The law shall enter into force on the date of its promulgation. To put the contract in law Latvian and English. 3. article. The agreement shall enter into force for the period specified in article 18 and in order, and on the Ministry of Foreign Affairs notified the newspaper "journal". The Parliament adopted the law of 16 October. The President g. Ulmanis in Riga in 1998 on October 28, the Government of the Republic of Latvia and the Government of the Republic of Belarus to the Treaty on mutual assistance in customs matters, the Government of the Republic of Latvia and the Government of the Republic of Belarus (hereinafter referred to as the Contracting Parties), recognizing that the customs law violations are detrimental to both economic and social, as well as the legitimate interests of trade, respecting precise taxation; Customs and other taxes, duties and fees on imported and exported goods, collection, as well as the importance of the prohibition, restriction and control the correct application of the rules, making sure that the Customs legislative measures to prevent violations and exact import and export, other tax collection of the Customs authorities of the two countries in cooperation can make it even more effective. agree on the following: definitions article 1 This Agreement to support the objectives laid down in the following terms 1. "customs legislation" means the rules of law or subsidiary law in relation to the import, export, transit of goods and other customs procedures relating either to the Customs and other taxes, duties or charges levied by the Customs authorities, or to the prohibition, restriction or control measures. 2. "irregularity" means any infringement of the customs legislation as well as any violation of the law of attempt. 3. "customs authority" shall mean the Republic of Latvia State revenue service and the Customs Administration in the Republic of Belarus, the national Customs Committee. 4. "requesting customs authority ' means a competent customs authority of a Contracting Party requiring assistance in customs matters. 5. "the requested customs authority ' means a competent customs authority of a Contracting Party which receives a request for assistance in customs matters. 6. "controlled delivery" means the technique of allowing the banned or suspect in the illicit manufacture of narcotic drugs and psychotropic substances, as well as alternates, weapons, munitions, explosives, toxic gases or substances of radiaktīv cargo delivery, through suspension or into the territory of the Contracting Parties under the supervision of the competent authorities, focusing on the identification of the persons involved in this o the illicit manufacture of narcotic drugs and psychotropic substances moving in. The scope of the agreement article 2 1. through their customs authorities and in accordance with the rules laid down in this agreement, the Contracting Parties shall provide each other with mutual assistance, in order to: (a)) ensure correct customs legislation; b) deter, investigate and deal with violations of customs legislation; (c) the notified/sent) documents relating to the application of customs legislation. 2. assistance under this contract will be in accordance with the legislation in force in the requested Contracting Party and a Customs Office requested the competencies and capabilities. If necessary, the customs authority may arrange for that in accordance with applicable legislation will provide assistance to the other competent authority in the requested Contracting Party. Article 3 Exchange of information upon request 1. the Customs authorities shall provide each other with all the information to ensure accuracy in: a the) Customs and other taxes, duties and charges levied by the Customs authorities; and specific information which could help to determine the customs value of the goods and the customs tariff classification; b) import and export ban and restrictions; (c)) the origin of the goods in the application of national rules which do not include other agreements that would be entered into one or both of the Contracting Parties. 2. If the requested customs authority does not have the information requested, the body gets it in accordance with applicable legislation in the requested Contracting Party. 3. the requested customs authority shall obtain the necessary information in good faith, as though it were acting on its behalf. Article 4 the Customs authorities shall, on request, provide each other with any information on whether: (a)) goods imported into the territory of one of the Contracting Parties have been properly exported from the territory of the other Contracting Party; b) goods exported from the territory of one of the Contracting Parties have been properly imported into the territory of the other Contracting Party; (c)) of items supplied favoured its removal from the territory of one of the Contracting Parties at the time of entering the territory of the other Contracting Party, in addition, provides information about any customs control measures applied to those goods. 5. the article of one of the Contracting Parties, the Customs Office, on its own initiative or on request, provide the other Contracting Party, the customs authority with all the necessary information that could be used in connection with breaches of the customs legislation, in particular as regards: (a) known or suspected) parties involved in the territory of the other Contracting Party, the customs legislation in force notwithstanding; b) new ways and means that are used for the illegal movements of goods; c) items that are illegal transfer objects; d) vehicles which are known or suspected of being used in the territory of the other Contracting Party, the customs legislation in force notwithstanding. Article 6, on its own initiative or at the request of one of the Contracting Parties, the Customs Office will supply the other Contracting Parties to the Customs Office reports, testimony, or approved the Protocol, copies of documents, providing all available information on the measures taken or planned transactions which contain or could contain the composition of this offence in the territory of the Contracting Party, the customs legislation in force. Testimony and documents in the original Protocol will be requested only in cases where certified copies will not be sufficient. Get things and documents will be returned at the earliest possible date. Article 7 in accordance with the contract documents may be replaced by a computer, which was drawn up in any form and for the same purpose. All the material for the interpretation or use of the useful information will be delivered at the same time. Persons, goods and vehicles monitoring article 8 of its competence and, where possible, on their own initiative or by the other Contracting Party, the customs authority of one Contracting Party, the customs authority will conduct surveillance on: a) known or suspected movement of persons, in particular the entry into and exit from its territory, which involved in the territory of the other Contracting Party, the customs legislation in force notwithstanding; b) vehicles which are known or suspected of being used in the territory of the other Contracting Party, the customs legislation in force notwithstanding; (c)) of goods which the other Contracting Party, the customs authority is recognized as the most frequently used significantly in moving the illegal importation or removal from its territory or for which an illegal move is suspect. CONTROLLED delivery article 9 1. If permitted by the basic principles of the national legal systems, the Contracting Parties shall, within its capabilities, will take all necessary measures to control the supply of the used at the international level, on the basis of the contracts that are members of both parties, focusing on the identification of persons involved in the illicit manufacture of narcotic drugs and psychotropic substances, as well as alternates, weapons, munitions, explosives, toxic gases or radioactive substances, and to transfer criminal prosecution against these persons. 2. the decision on the application of controlled delivery will be taken in each individual case. If necessary, the Contracting Parties may take into account the financial measures and already reached, if such practices are in conformity with the national legislation. 3. Restricted the movement of goods, for which the controlled delivery has been agreed, with the consent of both customs authorities may stop or allow to move further with the illicit manufacture of narcotic drugs and psychotropic substances, as well as alternates, weapons, munitions, explosives, toxic gases or radioactive substances, or replacing, in whole or in part. 10. The INVESTIGATION article 1. Pursuant to a request, the requested customs authority shall clarify all the circumstances of the transaction that is, or may be seen as conflicting with the requesting contracting party, the customs legislation in force. The results of such investigation it will be communicated to the requesting customs authority. 2. This investigation will take place in accordance with the legislation in force in the requested Contracting Party. The required customs the authority will act in good faith, as though it were acting on its behalf. 3. the requested customs authority may allow the requesting contracting party officials to participate in such investigations. Experts and witnesses article 11 if, due to the breaches of the customs legislation of one Contracting Party, the Court or other authority, which deal with these violations, at the request of the other Contracting Party, the customs authority may authorize its officials to give testimony or to speak as experts in the courts or other institutions. Pursuant to your responsibilities under these officials provide evidence of facts in their possession. Request that the authorised experts and witnesses, the task is to identify the nature of the case and invite the officials. Customs officers of the experts and witnesses may be invited according to the territories of the Contracting Parties for the legislation in force. The use of information and documents article 12 1. information, documents and other communications received in accordance with this agreement, may be used only for the purposes provided for in this agreement, unless the Customs Office, which sent them, has given written consent to use it for other purposes. These provisions do not apply to information, documents, and notices of infringement relating to narcotic and psychotropic substances, as well as alternates, weapons, ammunition, explosives, poisonous or radioactive substances. 2. any information that has been submitted under this contract in any form be it confidential. It must be subject to professional secrecy and the same kind of information and document protection, which is designed according to the territory of the Contracting Party of the applicable legislation in force, which it has received. 3. in accordance with the provisions of this Treaty and in accordance with the objectives of the Contracting Parties, the Customs Office may be fixed in their records of evidence, reports and testimonies and protocols, as well as pleadings and Court the indictment submitted to use as evidence information and documents obtained, on the basis of this contract. Such information and documents as evidence in courts and that information and documents are to be granted for each role to be determined in accordance with national legislation. Transmission/disclosure Article 13 on the basis of the application, the requested customs authority shall, in accordance with the legislation in force in the requested Contracting Party, will send a involved izziņo/natural or legal persons residing or located in its territory, all documents and decisions to which this Treaty applies and is obtained from the requesting customs authority. Assistance request FORM and the essence of article 14 1. arising from this agreement, the contracting party must immediately submit a written form. To comply with such requests, accompanied by all the necessary documents. Because of the immediacy of the situation can be made even an oral request, but then, it must be confirmed immediately in writing. 2. Requests pursuant to the first paragraph of this article must contain the following information: a) the Customs Office who made the request; (b) the measures requested); (c)) and the object; (d) binding laws, regulations), and other legislation; e) exact and comprehensive as possible signs of those natural or legal persons who are the target of the investigation; (f) summary of the facts) useful, except in the cases provided for in article 12. 3. the request must be submitted to the Contracting Parties to the requested State, in English or in another language acceptable to the requested customs authority. 4. If a request does not meet the formal requirements, then it may be requested for corrections or processing without affecting the execution of the request. Exceptions FROM the obligation to provide assistance article 15 1. If the requested assistance can violate the Contracting Parties requested sovereignty, public policy, security or other essential interests, or it is associated with industrial, commercial or professional secret infringement, such a request can be rejected, partially realized, or run, provided that certain conditions are significant and requirements. 2. If a request for assistance cannot be met, then the requesting customs authority it will be notified immediately, and it will be informed of the reasons for the refusal. Costs article 16 the Customs authorities of the Contracting Parties to refuse from execution of this contract all the related expenses, with the exception of the recovery costs for experts, witnesses and interpreters. The provision of assistance article 17 of this Treaty 1 mutual assistance will directly provide the Customs authorities of the Contracting Parties. 2. Their investigation services the Customs authorities of the contracting parties can create such arrangements that provide for direct contacts. The entry into force of the agreement and termination article 18 1. contracts shall be concluded for an indefinite period. 2. Through diplomatic channels by the Governments of the Contracting Parties notify each other that all the necessary legal requirements for entry into force, the Treaty is fulfilled. Agreement will enter into force on the 60th day following receipt of the last notification. 3. This contract is terminated by written notification through diplomatic channels, and it shall cease to apply six months after such notification is received by the other Contracting Party. Signed in Daugavpils, 16 May 1998, in duplicate, a Latvian, Belarusian and English languages, in addition, all texts are authentic. In the event of any dispute, the interpretation of this agreement, you will be taken on the basis of the English text.
The Government of the Republic of Latvia, the Republic of Belarus Government, Wei poča, V.N. Makarevič, State revenue Minister of State in the Belarusian State Customs Committee Chairman of the agreement between the Government of the Republic of Latvia and the Government of the Republic of Belarus Regarding Mutual assistance in Customs Matters to the Government of the Republic of Latvia and the Government of the Republic of Belarus, hereinafter referred to as the Contracting Parties , considering, that the customs legislation offenc against the prejudice to the economic and social interests of their countries as well as the respectiv to the interests of a legitimat trade; considering the importanc of assuring the accurate assessment and collection of customs duties, other taxes, fees or charges on importation or exportation of goods, as well as the proper implementation of the provision of prohibition, restriction and control; convinced that efforts to prevent the offenc against customs legislation and efforts to ensur the accurate collection of import and export duties and taxes can be rendered more effective through co-operation between their customs authorities; have agreed as follows: article 1 DEFINITION For the purpose of the present agreement: 1. "customs legislation" shall mean provision laid down by law or regulation concerning the importation, exportation, transit of goods or any other customs procedure, customs duties relating to whethers, other taxes, fees or charges levied by Customs authorities, or the measure of prohibition, restriction or control. 2. "Offens" shall mean any violation of the customs legislation as well as any attempt of violation of such legislation. 3. "customs authority" shall mean for the Republic of Latvia, the State revenue service, the Customs Board (State revenue service Customs Administration); and for the Republic of Belarus, State Custom Committee. 4. "the applicant customs authority ' shall mean the competent customs authority of a Contracting a Party which makes a request for assistance in customs matters. 5. ' Requested customs authority ' shall mean the competent customs authority of a Contracting a Party which receive a request for assistance in customs matters. 6. "Controlled delivery" shall mean the technique of allowing illicit or suspect consignment of narcotics drugs, psychotropic substances or substances substituted for them, weapon, ammunition, poison gas, explosive and radioactive material, to pass out of, through or into the supervision of their competent authorities, with a view to their identifying persons involved in the illicit trafficking of narcotics to drug and psychotropic substances. Scope OF agreement article 2 1. The Contracting Parties shall, through their customs authorities and in accordanc with the provision set in this agreement, render each other mutual assistance: (a)) in order to ensur that customs legislation is properly followed; (b)) in order to prevent, and combat the offenc investigat against customs legislation; (c)) in cases concerning delivery/notification of documents regarding the application of customs legislation. 2. Assistance within the framework of this Agreement shall be rendered in accordanc with the legislation in force in the territory of the requested Contracting Party and within the competence and resources of the requested customs authority. If not, a customs authority can cessary arrang for assistance to be provided by another competent authority, in accordanc with the legislation in force in the territory of the requested Contracting Party. COMMUNICATION OF INFORMATION article 3 1. The Customs authorities shall upon request, supply to each other all information which may help the accuracy in: a the ensur) the collection of customs duties, other taxes, fees and charges levied by Customs authorities and, in particular, information which may help to assess the value of goods for customs purpose and establish their tariff classification it; (b)) the implementation of import and export prohibition and restriction; (c)) the application of national rules of origin not covered by other arrangements concluded by one or both of the Contracting Parties. 2. If the requested customs authority does not have the information asked for, it shall seek that information in accordanc with the legislation in force in the territory of the requested Contracting Party. 3. The requested customs authority shall seek the information as if it was acting on its own account. Article 4 the Customs authorities shall upon request, supply to each other any information showing that: (a) goods imported) into the territory of one Contracting Party have been lawfully exported from the territory of the other Contracting Party; (b) goods exported from) the territory of one Contracting Party have been lawfully imported into the territory of the other Contracting Party; (c) goods which are granted) favorable treatment upon exportation from the territory of one Contracting Party have been duly imported into the territory of the other Contracting Party, it being understood that information shall also be provided on any custom control measure to which the goods have been subjected. Article 5 the customs authority of the Contracting Party shall, on its own initiative or upon request, supply to the customs authority of the other Contracting Party all information likely to be of use to it relating to the customs legislation against offens and, in particular, regarding: (a) persons known or suspected of) committing the offens against the customs legislation in force in the territory of the other Contracting Party; b) new means and methods used in illicit traffic of goods; (c) goods known to be) the subject of illicit traffic; (d) means of transport) known or suspected of being used in the committing of the offenc against the customs legislation in force in the territory of the other Contracting Party. Article 6 the customs authority of one Contracting Party shall, on its own initiative or upon request, supply to the customs authority of the other Contracting Party reports, records of evidence or certified documents of the cop to giving all available information on transactions, detected or planned, which constitut or appear to constitut an offenc against the customs legislation in force in the territory of that Contracting Party. Original files and documents shall be requested only in cases where certified cop to would be insufficient. Files and documents which have been transmitted to the subject to return as soon as possible. Article 7 the documents provided for in this agreement may be replaced by computerized information produced in any form for the same purpose. All relevant information for the interpretation or utilization of the materials should be supplied at the same time. Surveillance OF PERSONS, goods AND means OF transport article 8 the customs authority of one Contracting Party shall, within its competence and resources, on its own initiative or upon request of the customs authority of the other Contracting Party, maintains surveillance over: a) the movement, particularly entry into and exit from its territory, of persons known or suspected of committing the offenc against customs legislation in force in the territory of the other Contracting Party; (b) means of transport) any known or suspected of being used for committing the offenc against the customs legislation in force in the territory of the other Contracting Party; (c) the movement of goods) which are reported by the customs authority of the other Contracting Party as giving rise to substantial illicit traffic to or from its territory or a suspicion thereof. CONTROLLED DELIVERY article 9 1. If permitted by the basic principles of their domestic legal systems the respectiv the Contracting Parties shall take the cessary measure, within their possibilities, to allow for the appropriate use of controlled delivery at the international level, on the basis of agreements or arrangements mutually consented to it, with a view to identifying persons involved in the illicit trafficking of narcotics drugs to , psychotropic substances or substances substituted for them, weapon, ammunition, poison gas, explosive and radioactive material, and to taking legal action against them. 2. Decisions to use controlled delivery shall be made on a case-by-case basis. They may, if it is not, and provided cessary in conformity with the national legislation of the Contracting Parties, take into account financial arrangements and understanding is reached. 3. to be whose consignmen Illicium controlled delivery is agreed to may, by mutual consent of the competent authorities, to be intercepted and allowed to continue with the Narcotics Drugs, psychotropic substances or substances substituted for them, weapon, ammunition, poison gas, explosive and radioactive material, intact or removed or replaced in whole or in part. Investigations article 10 1. Upon application, the requested customs authority shall inquire concerning the official initiat to operations which appear to be contrary to or to the customs legislation in force in the territory of the Contracting Party for the applicant. It shall communicate the results of such inquires to the applicant customs authority. 2. These shall be conducted to inquire under the legislation in force in the territory of the requested Contracting Party. The requested customs authority shall proceed as though it was acting on its own account. 3. The requested customs authority may allow officials of the applicant Contracting Party to be present at such investigations. Experts AND WITNESS the article 11 If the Court or the authorities of one Contracting Party so request in connection with the customs legislation against offenc brough before them, the customs authority of the other Contracting Party may be the official authoriz it appear as experts or the witness before those courts or authorities. Such officials shall give evidence regarding facts established by them in the course of and in what capacity the official is to appear. The request authorizing the experts and it is clearly designat the witness is the essence of the matter and the competence of official summoned. The invitation of customs officials as experts and the witness shall be made in accordanc with the legislation in force of the Contracting Parties. Use OF INFORMATION AND documents article 12 1. The information, documents and other communications received under this agreement, shall not be used for the purpose other than those specified in this agreement, without the written consent of the customs authority which furnished them. These provision is not applicable to information, documents and other communications concerning the relevant drug offenc narcotics psychotropic substances, or substances substituted for them, weapon, ammunition, poison gas, explosive and radioactive material. 2. Any information communicated in whatever form pursuan to this Agreement shall be of a confidential nature. It shall be covered by the obligation of official secrecy and shall enjoy the protection extended to the same kind of information and documents under the legislation in force in the territory of the Contracting Party which received it. The customs authority of the Contracting Party may, however, in accordanc with the purpose and within the scope of this agreement, in their records of evidence, reports and in proceedings and charges testimon and brough before the courts, the CSR information and documents obtained in accordanc with this agreement as evidence. The use made of such information and documents as evidence in courts and the weight to be attached there it shall be determined in accordanc with national legislation. DELIVERY/NOTIFICATION article 13 Upon application, the requested customs authority shall, in accordanc with the legislation in force in the territory of the requested Contracting Party, deliver/notify to the natural or legal persons concerned, residing or established in its territory, all documents and decisions falling within the scope of this agreement, which from the emanat applicant customs authority. The FORM AND substance OF the request FOR assistance article 14 1. Request, pursuan to the present Agreement shall be made in writing immediately. Documents not cessary for the execution of such requests shall accompany the request. When required because of the urgency, oral request may be accepted, but must be confirmed in writing immediately. 2. Requests to the paragraph 1 of pursuan this article shall include the following information: a) the customs authority making the request; (b)) the measure requested; (c)) the object of and the reason for the request; (d)) the laws, rules, regulations and other legal elements involved; e) indication as exact and comprehensive as possible on the natural or legal persons being the target of the investigations; (f) a summary of the) relevant facts, except in cases provided for in article 12 shall be 3. Request submitted in an official language of the requested Contracting Party, in English or in any another language to the requested acceptabl custom authority. 4. If a request does not meet the formal requirements, its correction or completion may be demanded, the ordering of the banks shall not be affected thereby of the measure. EXCEPTION FROM the LIABILITY TO RENDER assistance article 15 1. If compliance with a request for assistance to infring upon the sovereignty, public order, security or other essential interests of the requested Contracting Party or the violation of an industrial involv would, commercial or professional secret, such assistance may be refused, provided clear or provided subject to certain conditions or requirements. 2. If a request for assistance cannot be complied with, the applicant authority shall be notified to the customs without delay and shall be informed of the reasons for the refusal to provide assistance. COSTA article 16 Each customs authority shall waiv all claims for costs incurred in reimbursemen of the execution of this agreement, with the exception of expense insurance experts, witness, interpreter and translator. Exchange OF assistance article 17 1. Assistance provided for under this Agreement shall be exchanged directly between the Customs authorities of the Contracting Parties. 2. The Customs authorities of the Contracting Parties may arrang for their investigation services to be in direct communication with each other. ENTRY into force AND TERMINATION article 18 1. This agreement shall be of unlimited duration. 2. The Contracting Parties shall notify one another through diplomatic channels when all national legal requirements not cessary for entry into force have been fulfilled. The agreement shall enter into force on the sixtieth day after the last notification has been received. 3. This agreement may be terminated by written notice through diplomatic channels and shall cease to be in force six months after such notice has been received by the other Contracting Party. Done at Daugavpils on May 16, 1998, in two originals, in Latvian, English, Belorussian and languages all texts being equally authentic. In case of any divergenc of interpretation of the provision of this Agreement shall be the English text prevails.

For the Government For the Government of the Republic of Latvia of the Republic of Belarus