A G R E E M E N T

BETWEEN THE GOVERNMENT OF THE REPUBLIC OF ARMENIA AND THE GOVERNMENT OF THE ISLAMIC REPUBLIC OF IRAN ON JOINT USE OF MEGHRI-NURDOOZ BORDER GATE

The Government of the Republic of Armenia and the Government of the Islamic Republic of Iran (hereinafter referred to as “the Contracting Parties”),

As the parties to the Agreement on Mutual Administrative Assistance for the Proper Application of Customs Law and for the Prevention, Investigation and Combating of Customs Offences signed between the Government of the Republic of Armenia and the Government of the Islamic Republic of Iran, in Tehran, on December 27, 2001,

Considering that the joint use of Meghri-Nurdooz Border Gate will rise no alterations of Armenia-Iran state border line,

Having regard to the principles of enhancing cooperation and good neighbour relations,

Considering the need for modernization of Meghri and Nurdooz border crossing points, particularly for rendering the services covered hereby,

Aiming to facilitate the border crossing procedures and customs formalities to avoid any duplication,

Willing to ensure the joint use of the Meghri-Nurdooz Border Gate,

Understanding the fact that the administrative assistance and mutual cooperation between the Contracting Parties hereunder will lead to enhancement of customs control processes,

Have agreed as follows:

1. SCOPE AND PURPOSE OF THE AGREEMENT

In accordance with their international obligations and the provisions of this Agreement, the Contracting Parties shall render joint services at Meghri and Nurdooz customs crossing points with a view to ensure the facilitation of international movement of passengers, goods and means of transport.

2. The Contracting Parties shall undertake efforts to avoid any duplication in customs controls in order to facilitate the legitimate trade and transit, as well as to take joint measures to provide effective customs control and to reduce time of goods release.

ARTICLE 2

DEFINITIONS

Within the framework of this Agreement:

(a) ‘'Agreement” refers to this Agreement, amendments constituting an integral part of it, and additional protocols hereto;

(b) “Competent authority” means: in case of the Republic of Armenia - the Armenian Customs Service represented by the State Revenue Committee under the Government of the Republic of Armenia and in case of the Islamic Republic of Tran-Islamic Republic of Iran Customs Administration (IRICA);

(c) “Joint Use” refers to the simplification, harmonisation and mutual recognition of formal border-crossing procedures;

(d) “Customs control” refers to examining the goods, verifying the declaration data and the availability and authenticity of electronic or written documents, inspecting the means of transport, inspecting the luggage and other goods carried by or on persons, and providing other similar acts performed by the customs authorities in order to ensure correct application of the customs legislation and other regulations governing the entry, exit, transit, transfer and end use of the goods moved between the customs territories of the countries of Contracting Parties as well as the presence of goods that arc not in free circulation;

(e) “Information” refers to the information on commercial goods, means of transport or passengers.

ARTICLE 3

GOVERNING PRINCIPLES OF BORDER CROSSING

1. The Competent authorities of the country of entry shall accept as substantiated the data of declarations on means of transport and goods issued in the country of exit.

2. Whenever possible, the customs operations related to verification of the declaration data shall be performed in the country of entry only.

3. The general information regarding the means of transport and goods lodged at the border customs office of the country of exit shah be forwarded electronically to the country of entry where its authenticity shall be verified if necessary.

4. The country of exit shall carry out its customs inspection with regard to the means of transport and goods only when a denunciation or a strong suspicion exists. This inspection shall be done without prejudice to the customs controls to be performed by the country of exit, within the framework of the obligations arising from international agreements to which the countries of both Contracting

Parties are party.

5. The Competent authorities of Contracting Parties will avoid duplication of identical customs operations whenever possible.

6. For the scope and purposes of this Agreement, the Contracting Parties shall not perform formal procedures inconsistent with the provisions hereof unilaterally.

7. The country of entry shall revise the procedures related to goods and means of transport that have been accomplished in the country of exit as incomplete in the following cases:

a) absence of declaration,

b) incomplete information in the declaration,

c) If physical inspection of the means of transport reveals the evidence of removal or replacement of goods, such as a tampered seal or torn tent or other signs of possible tamper of container/means of transport.

In the above-mentioned three cases the country of entry has a right to allow entry of goods and means of transport after correction of non-conformance or return them to the country of exit; - in both cases the country of entry shall inform the country of exit thereon.

8. As long as a risk of epidemic and contagious disease persists, disinfection procedures shall be applied by the Contracting Parties to the commercial means of transport carrying herbal consignments, live animals, animal and herbal products, but shall not be applied to the means of transport carrying human beings and to any other vehicles.

9. The Contracting Patties shall exchange information with regard to mutual trade and to the customs offences committed in their respective territories of their country.

110. In order to implement more simple and quick customs formalities as a trade facilitation indicator, both Contracting Parties should exchange information on the list of their respective Authorised Economic Operators (AEO).

11. The Contracting Parties shall inform each other on any changes in their customs regulations and legislation.

ARTICLE 4

MUTUAL COOPERATION AND ASSISTANCE

1. Protocols, which have been envisaged to prepare and sign hereunder, and other arrangements, which may be concluded for the future requirements, shall be in conformity with the provisions of this Agreement and deemed as an integral part of this Agreement.

The following protocols shall be concluded by the Contracting Parties:

(a) on terms for electronic data exchange regarding the international movement of passengers and goods,

(b) on alignment of the procedures for movement of goods, means of transport and passengers and the working hours of the customs points;

(c) on conditions for establishment and the operation of the Joint Border Gate to ensure the accomplishment of this Agreement.

2. In order to ensure the enforcement of the provisions hereto, the Contracting Parties shall;

(a) provide staff for the purpose of training and exchange information on examination methods applicable to the dispatching goods and departing passengers in accordance with the national legislation of the Contracting Parties,

(b) conduct joint consultations, training courses and mutual research visits with purpose of sharing experience, knowledge and best practices,

(c) provide each other, with a list of the goods prohibited or restricted for importation, exportation or transit.

ARTICLE 5

EXCHANGE OF INFORMATION ON CUSTOMS OFFENCES

Competent authority of each Contracting Party shall, without delay, supply the following information to the Competent authority of other Contracting Party:

a) reasonable suspicions arguing that an offense has been or will be committed in the territory of the country of other Contracting Party;

b) new methods and tools used for committing an offense;

c) suspicious goods that may be the subject of customs fraud.

ARTICLE 6

EXCHANGE OF CUSTOMS INFORMATION

Upon the request from the Competent authority of each Contracting Party, the Competent authority of other Contracting Party shall provide the following information:

a) validity of any official stamp, mark or any customs document provided to the Competent authority of other Contracting Party;

b) whether the goods exported from the country of exit into the country of entry have been lawfully imported to the country of entry, or the customs procedure have been applied to these goods;

c) whether the goods importing into the country of entry from the country of exit have been lawfully exported from the country of exit or the customs procedure have been applied to these goods;

d) In case of the breach of customs regulations and legislation of the country of each Contracting Party, all documents and information held by the other Contracting Party including the

customs documents, all information, and documents that the other Contracting Party may obtain from third countries.

e) The original documents supplied hereunder shall be returned, without any delay, upon the request of the Contracting Party provided such original documents.

ARTICLE 7

METHOD OF INFORMATION EXCHANGE

1. Assistance between the Contracting Parties as per this Agreement shall be rendered directly by the Competent authorities of the Contracting Parties.

2. The requests of assistance and relevant responses and the enclosed information and documents, if any, shall, as a rule, be delivered to the Competent authority of the other Contracting Party in written. If urgent, requests may be made by phone, but a written request shall be subsequently lodged upon the requirements of the other Competent authority.

5. Each Contracting Party shall exchange the information and data preferably in electronic format which will ultimately provide a basis for the establishment of a Single Window system.

ARTICLE 8

REQUEST FOR ADMINISTRATIVE ASSISTANCE

l. Upon the request from Competent authority of a Contracting Party, the Competent authority of other Contracting Party shall provide the requested documents and information related to on-going investigation, as well as entry

1. and exit of goods, means of transport and passengers in/from their respective territories.

2. The request for administrative assistance under the provisions hereto may be rejected by the requested Competent authority on the grounds of sovereignty, security and public order.

3. The information and documents delivered in accordance with this Agreement within the framework of administrative assistance shall be used solely for the prevention, investigation and prosecution of the customs offences, and without prejudice to the rights of the countries of Contracting Parties and third persons.

ARTICLE 9

JOINT COMMITTEE

1. For the proper implementation of the provisions hereto, the Contracting Parties shall establish a Joint Committee under the auspices and mutual coordination of the Competent authorities.

2. The Joint Committee shall meet at least once a year or, whenever considered necessary, upon the request of any Contracting Party.

3. The Joint Committee shall take its decisions unanimously.

4. The Joint Committee may decide to establish sub-committees and working groups, as it considers necessary, to assist for accomplishment its tasks.

ARTICLE 10

SETTLEMENT OF DISPUTES

1. Each Contracting Party may request a consultation from the other Contracting Party for interpretation, implementation and amendment of provisions hereto or settlement of any possible dispute. The consultations to be held between the Contracting Parties within the framework of Joint Committee shall start within 20 business days following the date of receipt of written request, unless otherwise decided.

2. If a consensus regarding the settlement of dispute cannot be achieved in the Joint Committee, the dispute shall be settled between the Contracting Parties by diplomatic channels.

ARTICLE 11

AMENDMENTS

Upon an initiative of each of the Contracting Parties and by mutual consent between them, amendments may be introduced to this Agreement, being arranged as separate protocols. These protocols shall enter into force according to the procedure specified for entering into force hereof, and shall constitute an integral part hereof.

ARTICLE 12

ENTRY INTO FORCE AND TERMINATION

1. This Agreement shall enter into force on the date of receipt, through by diplomatic channels, of the last written notification by which the Contracting Parties inform each other on the completion of their internal procedures required for its entry into force.

2. The Agreement shall remain effective for 10 years from the date of its entry into force and shall be prolonged automatically for a same period, unless one of the

Contracting Parties, at least 6 months prior to the date of expiration hereof, notifies the other Contracting Party in writing, through diplomatic channels, on its intention to terminate this Agreement.

3. This Agreement may be terminated by one of the Contracting Parties before the period referred to in paragraph (2) of this Article upon a written notification on its intention to terminate this Agreement given through diplomatic channels at least one year prior to the date of termination.

The present Agreement is done in Yerevan on December 21, 2016, corresponding to in two original copies, both in Armenian, Persian and English, all texts being equally authentic. In case of any divergence in interpretation the provisions hereto, the English text shall prevail.

The Agreement has entered into force on 14 November 2017