PROTOCOL

The State Revenue Committee of the Government of the Republic of Armenia and the Islamic Republic of Iran Customs Administration (hereinafter referred to as “Parties”),

whereas Parties are willing to enhance mutual administrative assistance between the customs administrations for the purpose of respecting their countries` economic interests,

whereas recognizing the importance of effective control on vehicles and goods during the crossing of the borders of the States of the Parties,

aiming at the enforcement of trade relationship between the Republic of Armenia and the Islamic Republic of Iran,

whereas Parties are willing to expedite the customs clearance of vehicles and goods moving between the two countries,

guided by the norms, standards and recommendations on information exchange of the United Nations Organization, World Customs Organization and taking into consideration the provisions of the Agreement 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, signed on 21 December 2016 and entered into force on 14 November 2017, respectively … in Yerevan (hereinafter referred to as “Agreement”);

have agreed upon the following:

ARTICLE 1

GENERAL PROVISIONS

1. The Parties shall be in charge of the constant exchange of advance electronic data received directly during the customs declaration of vehicles and goods exce for the goods transported by the individuals, who are not private entrepreneurs, when taking out the vehicles and goods from the territory of the State of one Party until their entry into the territory of the State of the other Party.

2. The Parties shall use the advance electronic data to support the trade security and facilitate legitimate trade.

3. The minimum content of transmitted advance electronic data that the Parties agree to exchange under this Protocol is defined in the Annex to this Protocol.

ARTICLE 2

COMMITMENT OF IMPLEMENTATION OF

MODERNIZED PROCEDURES

The Parties shall conduct constant advance electronic data exchange by effectively using methods of risk analysis and risks management for the smooth running of customs procedures of vehicles and goods crossing the borders of the Parties, while providing the consequent customs control.

ARTICLE 3

PROTECTION OF DATA

1. The advance electronic data, being transmitted within the framework of this Protocol, shall be of restricted access. The Party, receiving the advance electronic data, being transmitted within the framework of this Protocol, shall not disclose or transmit the received data to any third party without the written consent of the Party, providing the data.

2. Data received in the course of implementation of this Protocol can be used exceionally for the purposes, specified in the Agreement and this Protocol, including the use in judicial, administrative proceedings or in investigative activities within the competencies of the Parties, and cannot be transmitted to third parties without the written consent of the Party, which provided the data.

3. The advance electronic data, being transmitted within the framework of this Protocol, shall comply with the requirements of the national legislation of the State of each Party, related to personal data protection.

ARTICLE 4

TECHNICAL IMPLEMENTATION PROCESS

1. The Parties shall appoint particular institutional divisions within their administrations, which will be responsible for:

- elaboration and implementation of the technical requirements for the advance electronic data exchange, identifying exchange methods,

- elaboration of the minimum content of advance electronic data,

- exchange of advance electronic data on vehicles and goods and transmission of the data received from the other Party to the competent institutional divisions.

2. To carry out the functions referred to in paragraph 1 of this Article between the appointed institutional divisions a technical requirements document on “Advance Electronic Data Exchange System” shall be signed.

3. Before the introduction of “Advance Electronic Data Exchange System” a testing phase of the data exchange will be held. After the completion of the testing phase, a document confirming the completion of testing phase will be signed between the Parties, thereby confirming the full implementation of the “Advance Electronic Data Exchange System”.

ARTICLE 5

SETTLEMENT OF DISPUTES

1. The disputes arising between the Parties during the implementation of this Protocol will be settled through negotiations that will be held within the framework of the Joint Committee, established under the Article 9 of the Agreement.

2. To discuss technical issues related to the implementation of this Protocol, subject of immediate settlement, the Joint Committee can establish “Advance Electronic Data Exchange System” Sub-committee (hereinafter referred to as “Sub-committee”) which will consist of equal number of representatives of the relevant institutional divisions of the Parties. In case of necessity, upon the request of one of the Parties, a meeting of the Sub-committee shall be organized within two days from the date of recei of the request.

3. The Sub-committee meeting reports shall be presented to the Joint Committee.

ARTICLE 6

AMENDMENTS

This Protocol may be amended by mutual consent of the Parties through separate protocols which shall enter into force in accordance with the procedure prescribed in paragraph 1 of Article 7 of this Protocol and shall constitute an integral part of this Protocol.

ARTICLE 7

ENTRY INTO FORCE AND TERMINATION

1. This Protocol shall enter into force on the date of recei through diplomatic channels of the last written notification on the completion of internal procedures required for its entry into force.

2. After completion of necessary internal procedures described in paragraph 1 of this Article by the Republic of Armenia, preparation and testing works can be conducted.

3. This Protocol is signed for an indefinite period.

4. Each Party may terminate this Protocol by sending to the other Party a written notification on its intention to terminate this Protocol through diplomatic channels. In that case this Protocol shall be terminated three (3) month after the date of the recei of such notification.

Done in Yerevan, on «27» February 2018, corresponding to 8 Esfand 1936, in two original copies, each in Armenian, Persian and English languages, all texts being equally authentic. In case of any divergence in the interpretation of the provisions hereof, the English text shall prevail.

Annex

THE MINIMUM CONTENT OF TRANSMITTED ADVANCE ELECTRONIC DATA

to be Exchanged

*Data on the consignor shall not be transmitted when the consignor is a citizen of the Republic of Armenia, and the State Revenue Committee of the Government of the Republic of Armenia is the Party, transmitting the advance electronic data

**Data on the consignee shall not be transmitted when the consignee is a citizen of the Republic of Armenia, and the State Revenue Committee of the Government of the Republic of Armenia is the Party, transmitting the advance electronic data

Note: The Parties may add other data elements if necessary for technical reasons (e.g. other IRU TIR-EPD data elements, the identity of new means of transport when goods are transshipped from one means of transport to another).

The following elements concern the cargo motor vehicles that cross the border declared as emy:

The Protocol has entered into force on 14 May 2019