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"Соглашение между Правительством Российской Федерации и Правительством Японии о сотрудничестве и взаимной помощи в таможенных делах" [рус., англ.] (Заключено в г. Токио 12.05.2009)





the event that information received by the Customs Administration pursuant to this Agreement is needed as evidence in criminal investigations, prosecutions or judicial proceedings, a request for such information shall be submitted through diplomatic channels or other channels established in accordance with the laws of the State of the requested Contracting Party.
5. Information received by the Customs Administration pursuant to this Agreement, including documents endorsed as true copies by the Requested Administration, may be used subject to paragraph 1 of this Article in administrative proceedings related to Customs offense.

Article 11

Confidentiality

1. Any information received pursuant to this Agreement shall be treated as confidential and granted at least the same level of protection as is extended to the same kind of information under the laws and regulations of the State of the Customs Administration receiving the information, unless the Customs Administration providing the information gives a prior consent to the disclosure of such information.
2. Without prejudice to the provisions of paragraph 1 of this Article, recipients of the information in the Requesting Administration and other authorities under this Agreement shall be limited to their officials, and such information shall not be disclosed to any person other than such officials.

Article 12

Exemptions

1. Article 10 and 11 shall not preclude the use or disclosure of information to the extent that there is an obligation to do so under the laws and regulations of the State of the Customs Administration receiving the information. Such Customs Administration shall, wherever possible, give advance notice of any such disclosure to the Customs Administration providing the information.
2. In cases where a Contracting Party is of the opinion that assistance under this Agreement would infringe upon the sovereignty, security, public policy or other substantial interest of its State, assistance may be refused or withheld, or may be made subject to the satisfaction of certain conditions or requirements.
3. If the Requesting Administration would be unable to execute a similar request in case such a request were made by the Requested Administration, it shall draw attention to that fact in its request. Execution of such a request shall be at the discretion of the Requested Administration.
4. Assistance may be withheld by the Requested Administration on the ground that it will interfere with an ongoing investigation, prosecution or judicial proceeding. In such a case, the Requested Administration shall consult with the Requesting Administration to determine if assistance can be given subject to any terms or conditions as the Requested Administration may require.

Article 13

Technical Cooperation

1. The Customs Administrations may cooperate in the areas of improvement of customs procedures, customs control aids and techniques, education and training of Customs officers, and exchange of personnel.
2. The Customs Administrations may cooperate and exchange information on new trend, means or methods of committing Customs offenses and on other matters of mutual interest.

Article 14

Expenses

The Contracting Parties shall not claim for reimbursement of expenses incurred in the implementation of this Agreement.

Article 15

Implementation of the Agreement

1. The Contracting Parties may hold, as necessary, consultations through diplomatic channels on any matters which may arise from the interpretation or application of this Agreement.
2. Detailed arrangements to implement this Agreement will be concluded, as neces



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