Евразийское экономическое сообщество

AGREEMENT

on unified terms of transit

through the territories of the

customs union member states¹

(as amended on 26 October 1999)

The Government of the Republic of Belarus, the Government of the Republic of Kazakhstan, the Government of the Kyrgyz Republic and the Government of the Russian Federation, hereinafter referred to as the Parties,

taking into account the Fundamentals of the customs laws of the Member States of the Commonwealth of Independent States of February 10, 1995,

reaffirming their commitment to free transit principles,

recognizing the need to simplify international conveyance by all means of transport through harmonization and unification of customs procedures, without prejudicing the national interests of each of the States Parties hereto,

reckoning that improvement of conveyance terms is essential to promote cooperation,

reaffirming the principles laid down in the agreements on the customs union of 1995,

have agreed as follows:

Article 1

For the purpose hereof, terms and definitions defined in accordance with the Fundamentals of the customs laws of the Member States of the Commonwealth of Independent States of February 10, 1995 shall apply.

Article 2

Merchandise which transit through the territories of the States Parties hereto, should:

– remain unchangeable, except for changes as a result of natural wear or loss under normal transportation and storage conditions;

– not be used for any other purpose other than transit;

– be delivered to the customs body of destination within the time-limit established by the customs body of dispatch, based on capacities of means of transport, their route and other conveyance terms not surpassing the deadlines set on the basis of 2000 km per month.

Article 3

Merchandise, as well as the means of transport, which convey merchandise shell specified herein (hereinafter referred to as the Merchandise), when conveying:

from third countries to the territory of any of the States Parties hereto through the territory of at least one State Party hereto;

from the territory of any of the States Parties hereto to third countries through the territory of at least one State Party hereto;

from the territory of a State Party hereto to the other State Party hereto through the territory of at least one State Party hereto,

shall be exempt, in transit States Parties hereto, from customs duties, taxes and dues for customs clearance, as well as economic policy measures applied to merchandise.

Article 4

The Parties’ customs bodies shall be entitled to apply measures to ensure compliance with national laws to the transit merchandise conveyed between the states, which are not parties hereto, through the territory of at least one State Party hereto.

Article 5

Merchandise specified in Exhibit No.11 hereto shall be not permitted to transit through the territory of any Party.

 Merchandise specified in Exhibit No.2 hereto shall be permitted to transit through the territory of any State Party hereto, provided transit permits have been issued by competent bodies of all those States Parties hereto through whose territory the route passes.

The Parties’ customs bodies shall be entitled to apply measures to ensure compliance with national laws on the transit of merchandise through the territories of their states.

Article 6

Funds and services required for transit shall be granted to carriers in the states of transit on terms no worse than those on which those funds and services are granted to their domestic exporters, importers or carriers.

Article 7

Crossing the borders of member states of the customs union by transit merchandise and means of transport which convey such merchandise shall be permitted at locations designated by customs bodies of the states as agreed with the competent transport agencies of the States Parties hereto.

The Parties shall instruct the customs bodies, in a three months’ period from the date of signing hereof, to exchange lists of designated locations for transit merchandise and means of transport which convey such merchandise across the borders of the customs union member states.

Transit of merchandise through the territory of any of the States Parties hereto may be carried out by any routes and directions unless otherwise stipulated in the national laws of the states.

Article 8

Transferal of transit merchandise to other means of transport, including splitting the consignment of goods, shall be carried out at locations designated in each case by customs bodies of the States Parties hereto.

The customs bodies of the States Parties hereto shall reciprocally recognize the means of identification of transit merchandise, as well as the documents required to monitor transit goods and means of transport. The Parties shall instruct their customs bodies, within a three months’ period, to exchange samples of means of identification, as well as the documents required to monitor transit merchandise and means of transport.

Article 9

In case of interruptions in transit due to force majeure, procedures shall be applied that are set forth by national laws of the State Party hereto, where the transit was interrupted.

Article 10

The Parties shall instruct their central customs bodies, in a three months’ period from the date of signing hereof, to draft and approve the following quadrilateral documents:

Regulation on customs clearance of merchandise conveyed under customs control through the territories of member states of the customs union;

Regulation on customs carriers of the customs union;

Regulation on customs support in the territories of member states of the customs union.

The Integration Committee shall be responsible for coordination of the activities envisaged herein.

Article 11

The Parties may, by mutual consent, introduce any amendments hereto, which shall be concluded as protocols and exhibits and which shall constitute an integral part hereof.

Article 12

Any disputes and discrepancies when construing and applying this Agreement shall be settled through negotiations and consultations between the Parties and if required, at meetings of the Integration Committee, and if the Parties fail to reach a concerted decision, by the Council of the Heads of States at the Interstate Council. The decision by the Council of the Heads of States shall be final and binding upon all the Parties.

Article 13

This Agreement shall be open for accession by any state which acceded to the agreements on the customs union and acknowledges the provisions hereof effective as of the date of accession and is willing to completely fulfill these.

Article 14

This Agreement shall be temporarily applied from the date of its signing and shall come into force on the date on which the last notification of the completion of the internal procedures by the Parties shall be delivered to the depository.

The Integration Committee shall act as a depository of this Agreement.

Article 15

Any Party shall be entitled to withdraw from this Agreement provided that it has fulfilled the obligations assumed hereunder and has transmitted an official notification of its withdrawal from the Agreement to the depository no later than twelve months prior to withdrawal.

Done at Moscow on January 22, 1998 in a single original copy in the Russian language.

The original copy hereof shall be deposited with the Integration Committee, which shall transmit a certified copy hereof to each Party hereto.

For the Government

of the Republic of Belarus                                 S. Ling

For the Government

of the Republic of Kazakhstan                          N. Balgimbayev

For the Government

of the Kyrgyz Republic                                      A. Dzhumagulov

For the Government

of the Russian Federation                                 V. Chernomyrdin