between the customs administrations of GUAM Member States on mutual recognition of certain results of customs procedures regarding goods and vehicles moved across the state borders of GUAM Member States
The State Customs Committee of the Republic of Azerbaijan, the Ministry of Finance of Georgia represented by the Legal Entity of Public Law of the Revenue Service, the Customs Service under the Ministry of Finance of the Republic of Moldova and the State Fiscal Service of Ukraine, hereinafter – the Parties,
recognizing the need to create favorable conditions for the development of foreign trade and for trade facilitation,
aiming to simplify customs procedures and accelerate clearance when moving goods and vehicles across the state borders of GUAM Member States,
have agreed as follows:
The Parties shall ensure that goods and vehicles moved across the state borders of the States Parties (hereinafter – the borders), are accompanied by customs and other documents, including those in electronic form required and formalized in accordance with the legislation of the States Parties.
- On the basis of reciprocity, either Party shall acknowledge the results of customs procedures regarding goods and vehicles, performed by other Parties (information about the name, price, quantity, weight, scan results, means of customs identification applied by customs authorities and other results of customs procedures) and use them when performing customs procedures regarding these goods and vehicles moved across the borders.
- The results of customs procedures carried out by one of the Parties shall be acknowledged by other Parties, taking into account the principle of sufficiency to ensure compliance with the legislation of the states of these other Parties, provided that customs and other documents for goods and vehicles moved across the borders that are required and formalized in accordance with the legislation of the States Parties are submitted.
- The following documents completed for goods and vehicles exported from the territories of the states of other Parties shall be acknowledged by each Party as documents that confirm the information required for performing customs procedures:
- a customs declaration (another document used as a customs declaration), completed for goods and vehicles exported from the territories of the states of other Parties;
- a document of customs control (examination, search and other types of customs control) of goods and vehicles being moved;
- transport and commercial documents that accompany goods and contain technological marks (records) indicating the results of the performed customs procedures regarding goods and vehicles being moved and that are certified by customs authorities of the States Parties.
- Means of customs identification, applied when performing customs procedures by one of the Parties, shall be acknowledged by other Parties on condition of their intactness and proper recording (documentation) of the fact of their application in relevant documents.
- For the purpose of implementation of the provisions of Articles 2 and 3 of this Protocol, the Parties shall exchange samples of customs documents and means of customs identification, as well as information regarding the procedure of their recording (application).
- The Party the state legislation of which has been amended shall immediately notify other Parties about all the changes of the forms of customs documents, the procedure of their completion as well as changes of the types of customs identification and the procedure of its application.
Should one of the Parties reveal invalid customs documents and means of customs identification, the information on such facts and the copies of the abovementioned documents and photographs of means of customs identification shall be sent to the Party that has completed these documents and/or applied the stated means of identification, for it to take appropriate measures in accordance with the state legislation of this Party.
The provisions of this Protocol shall not be applied:
- provided customs control is performed by the customs authorities of the States Parties in the framework of application of risk management system, if its use is stipulated by the appropriate risk profile, regardless of mutual recognition of the results of customs procedures for goods and vehicles according to this Protocol;
- if there is information that indicates directly the signs of violations of customs legislation of the State Party into the territory of which goods and vehicles are imported;
- in case of carrying out activities by law enforcement units of the customs authorities of the States Parties;
- in the case referred to in Article 5 of this Protocol.
Any disputes and disagreements related to application and interpretation of the provisions of this Protocol shall be resolved by the Parties through consultations and negotiations.
This Protocol may be amended and supplemented by mutual consent of the Parties in the form of separate protocols being an integral part of this Protocol.
The provisions of this Protocol shall not affect the rights and obligations of the States Parties arising from other international agreements to which they are Parties.
- This Protocol is concluded for an indefinite period and shall enter into force on the date of submitting by the Parties to the Depository of the third notification confirming the completion by Member States of national procedures necessary for its entry into force. For the Parties which shall have deposited their notifications after that date, the Protocol shall enter into force on the date of receipt by the Depository of the corresponding notification.
- Each Party may denounce this Protocol by giving written notification to the Depository not later than six months before the termination of the Protocol for the Party in question.
- The Depository of this Protocol shall be the Secretariat of the Organization for Democracy and Economic Development – GUAM.
Done in Kyiv 27 March 2017, in a single copy in the English and Russian languages, both texts being equally authentic. In case of any divergence of interpretation of provisions of this Protocol, the English text shall prevail.