BETWEEN THE STATE REVENUE COMMITTEE OF THE REPUBLIC OF ARMENIA AND THE MINISTRY OF FINANCE OF GEORGIA ON ADVANCE ELECTRONIC DATA EXCHANGE REGARDING THE INTERNATIONAL MOVEMENT OF VEHICLES AND GOODS

The State Revenue Committee of the Republic of Armenia and the Ministry of Finance of Georgia represented by the Revenue Service (hereinafter referred to as “the Party“ separately and “the Parties” together),

Considering the provisions of Article 4 of the Agreement between the Government of the Republic of Armenia and the Government of Georgia on the Joint Use of Land Border Crossing Points of “Sadakhlo - Bagratashen”, “Sadakhlo – Airum”, “Guguti – Gogavan” and “Ninotsminda – Bavra”, signed in Yerevan, on 17 January 2013 (hereinafter referred to as “ the Agreement”),

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 Georgia,

In line with the norms, standards and recommendations of United Nations Organization, World Customs Organization on information exchange,

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 procedures of vehicles and goods (with the exception of goods transported by individuals, who are not individual entrepreneurs), at the time of their leaving the territory of the State of one of the Parties and before their entering into the territory of the State of the other Party.

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

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 risk management for the smooth running of customs procedures of vehicles and goods crossing the borders of the States 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 transmitted data to any third party without the written consent of the Party, providing the data.

2. The data received within the framework of this Protocol may be used exceptionally for the purposes specified in this Protocol, including the use in judicial, investigative or administrative proceeding within the competences of the Parties, and shall not be transmitted to a third party without the written confirmation of the Party, having provided the data.

3. The advance electronic data, transmitted within the framework of this Protocol, shall comply with the legislations of the States of the Parties 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 the following:

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

- development 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 a technical requirements document on “Advance Electronic Data Exchange System” shall be signed between the Parties.

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 commencing the full implementation of the “Advance Electronic Data Exchange System”.

ARTICLE 5

Settlement of Subcommittee

1. The Subcommittee on Exchange of Information (hereinafter referred to as “the Subcommittee”) set up by the Joint Committee mentioned in Article 5 of the Agreement (hereinafter referred to as “the Joint Committee”) shall meet regularly on a quarterly basis.

2. In case of emergency, the Subcommittee shall convene within 2 (two) days upon the request of either Party.

3. The reports of the Subcommittee shall be presented to the Joint Committee.

ARTICLE 6

Dispute resolution

Any dispute and/or disagreements arising between the Parties during the implementation or application of this Protocol shall be settled by the Subcommittee referred to in Article 5 of this Protocol through negotiations and/or consultations, in accordance with the domestic legislations of the States of the Parties. The unsettled issues shall be referred to the Joint Committee.

ARTICLE 7

AMENDMENTS

This Protocol may be amended by mutual consent of the Parties through separate documents which shall enter into force in accordance with the procedures prescribed for in Article 8 of this Protocol; documents adopted thereof shall constitute an integral part of this Protocol.

ARTICLE 8

ENTRY INTO FORCE AND TERMINATION

1. This Protocol shall enter into force on the first day of the month following the date of receipt through diplomatic channels of the last written notification of the Parties on the completion of their internal procedures necessary for its entry into force.

2. This Protocol shall be signed for a 10-year period and automatically renewed for subsequent 10 – year periods. Each Party may terminate this Protocol by giving written notice to other Party through diplomatic channels of its intention to terminate this Protocol 6 months prior to expiration to initial or any subsequent 10-year periods. The Protocol shall cease to be effective after the expiration of 6 months following the receipt of such notice. This Protocol shall automatically cease to be effective upon the termination of the basic Agreement.

This Protocol is done in Yerevan, on November 18, 2019, in two original copies, each in the Armenian, Georgian and English languages, all texts being equally authentic. In case of any divergence in the interpretation of the provisions of this Protocol, the English text shall prevail.