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 Uzbekistan of the Treaty on mutual assistance in customs matters article 1. 23 May 1996 in Tashkent signed by the Government of the Republic of Latvia and the Government of the Republic of Uzbekistan 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. Until the law is to be put in the Latvian and English Contract. 3. article. The Ministry of Foreign Affairs on the basis of this law and in accordance with article 18 of the Treaty by diplomatic note inform the Government of the Republic of Uzbekistan on the statutory requirements. 4. article. The agreement shall enter into force for the period specified in article 18 and in order. The Parliament adopted a law in 1996 on 19 September. The President g. Ulmanis in Riga in 1996 on September 27, the Government of the Republic of Latvia and the Government of the Republic of Uzbekistan on mutual assistance in customs matters, the Government of the Republic of Latvia and the Government of the Republic of Uzbekistan (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 duties, other taxes, duties and fees on imported and exported goods, collection, as well as the importance of the prohibition, restriction and control proper implementation of rules, making sure that the Customs legislative measures to prevent violations and exact import and export, other taxes levied, can make it even more effective collaboration between the two countries, the Customs authorities shall agree on the following: definitions article 1 This Agreement to support the objectives laid down in 1. the customs legislation are provisions laid down by law or subsidiary rules relating to import, export, transit of goods and other customs procedures or, in the case of customs duties, other taxes, duties or charges levied by the Customs authorities, or prohibition, restriction or control measures. 2. The infringement is any violation of the customs legislation as well as any violation of the law of attempt. 3. the customs authority in the Republic of Latvia State revenue service and the Customs Department of the Republic of Uzbekistan-the State Customs Committee. 4. The requesting customs authority is the Contracting Party, the competent customs authority which requests assistance in customs matters. 5. the requested customs authority is its a competent customs authority of a Contracting Party which receives a request for assistance in customs matters. 6. Controlled delivery is a technique that allows banned or suspect in the illicit manufacture of narcotic drugs and psychotropic substances, as well as alternates, cargo delivery, through the suspension or into the territory of the Contracting Parties in their supervision of the competent authorities, focusing on the identification of persons involved in 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 agreement will be provided in accordance with applicable legislation in the requested Contracting Party and a Customs Office requested the competencies and capabilities. If necessary, the Customs authorities may agree that the assistance will provide the other competent authority, in accordance with the applicable legislation of 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 duties, other taxes, duties and charges levied by the Customs authorities; and particularly information that might help determine the value of the goods and their 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 of the request, the Customs authorities shall 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)), which provided the goods preferential treatment at the exit 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 relation to 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 involved in the wrongdoings of the customs legislation; c) items that are illegal transfer objects; d) known or suspected vehicles that are 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 useful information on the measures taken or planned, which causes or is likely to cause irregularities against the territory of the Contracting Party, the customs legislation in force. Testimony and documents in the original Protocol will be required in cases where certified copies would be insufficient. Get things and documents will be returned at the earliest possible date. Article 7 of the document, in accordance with this contract 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 the application of 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 undertake a special surveillance of: (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) known or suspicious vehicles used in the territory of the other Contracting Party, the customs legislation in force notwithstanding; (c)) applicable to the movement of goods that are imported or exported from their territory of the other Contracting Party, the customs authority is restricted or banned. CONTROLLED delivery article 9 1. If permitted by the basic principles of the national legal systems, the Contracting Parties shall, within its capabilities, and on the basis of agreements or arrangements will take all necessary measures to control the supply of the used at the international level, focusing on the identification of persons involved in the illicit manufacture of narcotic drugs and psychotropic substances and the transfer will take all legal action against these persons. 2. the decision on the application of controlled delivery will be taken in each individual case. If necessary, the Contracting Parties shall take steps, based on mutual agreement on financial measures and relevant 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 drugs or psychotropic substances, or replacing, in whole or in part. 10. Article 1 of the INVESTIGATION. in accordance with the application, the requested customs authority will carry out all the investigations on activities that are, or may be seen as controversial in relation to 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 requested customs authority will act in good faith, as though it were acting on its behalf. 3. such investigations, the requested customs authority may authorize to participate in the requesting contracting party's officials. Experts and witnesses article 11 if, due to customs legislation committed violations of one of the Contracting Parties, the Court or other authorities require that the other Contracting Party, the customs authority may authorize its officials to give testimony or to speak as experts in court or before it. In the framework of their duties such officers will provide evidence of facts in their possession. Arrival request must clearly indicate what is the case and what powers should be. Requirement to empower experts and witnesses there to accurately determine the nature of the case and invite the officials. Customs officials can be invited as experts and witnesses, in accordance with the territories of the Contracting Parties as the applicable legislation. The use of information and documents article 12 1. information, documents and other communications received in accordance with this agreement, may be used only in the objectives laid down in the Treaty, where the customs authority to which it has sent, not given written consent to use it for other purposes. These provisions do not apply to information, documents, and notices for offences related to narcotic and psychotropic 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 documents, which are provided for in accordance with the Contracting Party, the legislation in force, which it has received. 3. However, in accordance with the objectives of this agreement and, within that framework, the Contracting Parties may, in their customs authority before the Court fixed evidence drawn up reports and encouraged, as well as in the action and the proposed indictment, use as evidence information and documents obtained in accordance with this agreement. Such information and documents as evidence in court should 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/izziņo involved in the 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 must be drawn up in writing. 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 this article, the first paragraph should contain the following information: a) the Customs Office who made the request; (b) the measures requested); (c)) the reason and purpose; d) regulations the laws, regulations and other legal instruments; e) exact and comprehensive as possible signs of 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 13. 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 its performance. 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 associated with industrial, commercial or professional secret infringement, such a request can be rejected, partially realized or implemented in accordance with certain conditions or 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. The introduction of the Treaty article 17 1. this Treaty will be passed to the Customs authorities of the Contracting Parties. The Customs authorities shall mutually agree on the detailed measures to be taken for this purpose. 2. Their investigation services, the Customs authorities of the contracting parties can create such arrangements that provide for direct contacts between them. 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 shall enter into force sixty days after the 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 Tashkent, May 23, 1996, in duplicate, a Latvian, uzbek and English, 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 Uzbekistan, on behalf of the Government of the agreement between the Government of the Republic of Latvia and the Government of the Republic of Uzbekistan regarding mutual assistance in customs matters to the Government of the Republic of Latvia and the Government of the Republic of Uzbekistan, 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. the 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. the Office shall mean any violation of the Offens customs legislation as well as any attempt of such legislation violation. 3. the customs authority shall mean in the Republic of Latvia, the Customs Department (Customs Department); and in the Republic of Uzbekistan the Central Customs Administration of Uzbekistan. 4. the applicant authority shall mean Customs the competent custom authority of a Contracting Party which makes a request for assistance in customs matters. 5. the 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, 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 drugs and the psycho-tropic 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. 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 to drug and psychotropic substances 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 or psychotropic substances 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 relevant drug offenc narcotics and psychotropic substances the. 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 Party, deliver the contract-ting/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 results 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. Each Government 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 Dar es Salaam to on the 23rd day of May,1996, in two originals, in Latvian, Uzbek and English 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 Uzbekistan