The Saeima has adopted and the President promulgated the following laws: For the Government of the Republic of Latvia and the Government of Ukraine to the Treaty on mutual assistance in customs matters article 1. 23 May 1995 in Riga signed by the Government of the Republic of Latvia and the Government of Ukraine to the Treaty on mutual assistance in customs matters (hereinafter-the agreement) with this law is approved and adopted. 2. article. The law shall enter into force on the date of its promulgation. By law to be put to this law, the Contract referred to in article 1 of the Latvian language. 3. article. Ministry of Foreign Affairs of the Republic of Latvia on the basis of this law and in accordance with article 18 of the agreement shall be prepared to exchange instruments of ratification of the article with the Ukrainian Government. 4. article. This Agreement shall enter into force for the period specified in article 18 and in order. The Parliament adopted the law of 31 august 1995. The President g. Ulmanis in Riga, 1995 September 8 the Government of the Republic of LATVIA and the Government of UKRAINE to the Treaty on mutual assistance in customs matters, the Government of the Republic of Latvia and the Government of Ukraine (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. "customs legislation" means the rules of law or subsidiary law in relation to the 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. "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 Customs Department and Ukraine-the State 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, 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 provisions 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. Communication of information article 3 1. Upon request, 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 information which could be used in relation to breaches of the customs legislation, in particular as regards: (a)) known or suspicious persons, 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 suspicious vehicles 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 agreement, can be replaced with computer 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 Government or 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, the power of the experts and witnesses, exists 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 15 1. According to this agreement, the request 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) as detailed and comprehensive guidance on 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 sovereignty of the Contracting Party requested, governmental 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. Article 16 expenses each customs authority 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 contract and the suspension of article 18 1. Duration of the contract is unlimited. 2. Through diplomatic channels, each Government will be notified 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 stopped 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 Riga, May 23, 1995, in duplicate, Latvian, Ukrainian 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 Government of Ukraine