AGREEMENT BETWEENTHE GOVERNMENT OF JAPAN AND
THE GOVERNMENT OF THE REPUBLIC OF UZBEKISTANON COOPERATION AND MUTUAL ASSISTANCEIN CUSTOMS MATTERS

The Government of Japan and the Government of theRepublic of Uzbekistan (hereinafter referred to as “theContracting Parties”),
Considering that offenses against Customs laws areprejudicial to the economic, fiscal, social, cultural andcommercial interests of their respective countries;
Considering the importance of assuring the accurate
assessment of customs duties and other taxes;
Recognizing the need for international cooperation inmatters related to the administration and enforcement of
the Customs laws of their respective countries;
Having regard to the international agreements
containing prohibitions, restrictions and special measuresof control in respect of specific goods to which theContracting Parties are parties;
Convinced that actions against Customs offenses can bemade more effective by cooperation between their Customs
Administrations; andHaving regard to the Recommendation of the Customs
Cooperation Council regarding Mutual Administrative
Assistance of December 5, 1953,
HAVE AGREED AS FOLLOWS:
Article 1
For the purposes of this Agreement:
1.
“Customs Administration” shall mean, in Japan, theMinistry of Finance, and, in the Republic of Uzbekistan,
the State Customs Committee;

12.
“Customs laws” shall mean such laws and regulations
administrated and enforced by the Customs Administration
concerning the importation, exportation and transit ofgoods, as they relate to customs duties, charges and othertaxes, or to prohibitions, restrictions and other similar
controls with respect to the movement of controlled items
across the boundary of the Customs territory of eachcountry;
3.
“Customs offense” shall mean any violation or
attempted violation of the Customs laws;
4.
“Customs territory” shall mean the territory of thecountry of each Contracting Party in which the Customs lawsof that country are in force;
5.
“information” shall mean any data, documents, reports
or other communications of the Contracting Parties;
6.

“person” shall mean any natural or legal person;

7.
“Requested Administration” shall mean the Customs
Administration from which assistance is requested; and8.
“Requesting Administration” shall mean the Customs
Administration that requests assistance.
Article 21.
The Contracting Parties shall assist each otherthrough their respective Customs Administrations to ensure
proper application of the Customs laws, and to prevent,investigate and repress any Customs offense, in accordancewith the provisions of this Agreement.
2.
The Contracting Parties shall through their respective
Customs Administrations make cooperative efforts forsimplification and harmonization of their customs
procedures.
3.
This Agreement shall be implemented by the Contracting
Parties in accordance with the laws and regulations inforce in each country, and within the available resourcesof their respective Customs Administrations.
4.
The provisions of this Agreement shall not affect therights and obligations of the Contracting Parties underother international agreements.

2

Article 3
1.
The Customs Administrations shall provide each other,either upon request or on their own initiative, assistancethrough the exchange of information to ensure proper
application of the Customs laws and to prevent, investigate
and repress any Customs offense.
2.
Either Customs Administration shall, on its own
initiative or upon request, provide the other Customs
Administration with available information regarding theactivities that may result in Customs offenses within theCustoms territory of the country of the latter Customs
Administration.
3.
When either Customs Administration considers thatavailable information is relevant to serious Customs
offenses that could involve substantial damage to theeconomy, public health, public security or any other vitalinterest of the country of the other Customs
Administration, the former Customs Administration shall,wherever possible, provide the latter Customs
Administration with such information on its own initiative
without delay.
Article 41.
Upon request, the Requested Administration shallprovide the Requesting Administration with following
information:(a)whether goods imported into the Customs territoryof the country of the Requesting Administration
have been lawfully exported from the Customs
territory of the country of the Requested
Administration;(b)whether goods exported from the Customs territoryof the country of the Requesting Administration
have been lawfully imported into the Customs
territory of the country of the Requested
Administration; and(c)whether goods which have been transited throughthe Customs territory of the country of one
Customs Administration and are destined to theCustoms territory of the country of the otherCustoms Administration have been lawfullytransited.

3

2.
The information provided pursuant to paragraph 1 ofthis Article shall, upon request, contain the customs
procedures used for clearing of the goods which are thesubject of the request.
Article 5Upon request the Requested Administration shall,
within the limit of its available resources, provide theRequesting Administration with information on and exercise
special surveillance of:(a)persons known to the Requesting Administration tohave committed a Customs offense or suspected by
the Requesting Administration of having done sowithin the Customs territory of the country of
the Requesting Administration, particularly thosemoving into and out of the Customs territory of
the country of the Requested Administration;(b)

goods either in transport or in storage notified
by the Requesting Administration as giving rise
to a suspicion of controlled items to betransported towards the Customs territory of thecountry of the Requesting Administration;(c)means of transport suspected by the Requesting
Administration of having been used to commit
Customs offenses within the Customs territory of
the country of the Requesting Administration; and(d)places which are or may be used for storing goods
and which are known to the Requesting
Administration to have been used or suspected by
the Requesting Administration of having been used
to commit Customs offenses.
Article 6

1.
Requests for assistance pursuant to this Agreement
shall be made in writing in English. Information deemeduseful for the execution of such requests shall accompany
the requests. When the urgency of the situation sorequires, oral requests may also be made and accepted, butshall be promptly confirmed in writing.
2.
Requests for assistance pursuant to paragraph 1 ofthis Article shall include the following information:(a)the name of the Requesting Administration;(b)

the nature of the proceedings in respect of which
the request is made;

4

(c)

the object and the reason for the request;(d)the names and addresses of the persons to whom
the request relates, if known;(e)a brief description of the matter underconsideration and the legal elements involved;
and(f)

any other facts relevant to the request.

3.
Unless otherwise provided in this Agreement, theinformation provided pursuant to this Agreement shall bedirectly communicated between officials designated by therespective Customs Administrations.
4.
For the purposes of this Agreement, the Customs
Administrations shall designate the officials responsible
for communication and shall exchange the lists of thecontact details of the officials so designated between theCustoms Administrations. Any changes to the lists shall be
communicated between the Customs Administrations without
delay.
Article 71.
The Requested Administration shall take all reasonablemeasures to execute the request for assistance made under
this Agreement.
2.
If the Requested Administration agrees to the requestof the Requesting Administration, officials speciallydesignated by the Requesting Administration may, subject tothe conditions imposed by the Requested Administration, be
present at the inquiries carried out by the Requested
Administration in the Customs territory of the country ofthe Requested Administration.
3.
When, in the circumstances provided for under thisAgreement, officials of the Requesting Administration arepresent at inquiries carried out by the Requested
Administration in the Customs territory of the country of
the Requested Administration, they must at all times beable to furnish proof of their official capacity andidentity. They must not wear uniform nor carry weapons andshall be responsible for any offenses against the laws andregulations of the country of the Requested Administration.
They shall enjoy, to the extent provided by the domestic
laws and regulations applicable to the Requested
Administration, the same protection as granted to officialsof the Requested Administration.

5

4.
The Requested Administration shall, upon request by
the Requesting Administration and when it deems
appropriate, advise the Requesting Administration of thetime and place of the action it will take in response tothe request for assistance.
Article 81.
Any information received pursuant to this Agreement
shall only be used for the purposes specified in paragraph
1 of Article 2 of this Agreement. It shall not be
communicated to other authorities unless the Customs
Administration providing the information has expressly
approved in writing its use by that other authorities.
2.
Notwithstanding the second sentence of paragraph 1 ofthis Article, unless otherwise notified by the Customs
Administration providing the information, the Customs
Administration receiving the information may provide theinformation received pursuant to this Agreement to therelevant law enforcement agencies of its country, which may
use such information under the conditions stipulated in thefirst sentence of paragraph 1 and in paragraphs 3 and 4 ofthis Article, as well as Article 9 of this Agreement.
3.
Each Contracting Party shall maintain theconfidentiality of any information received pursuant tothis Agreement, and shall grant at least the same level ofprotection and confidentiality under the laws andregulations of the country of the Customs Administration
providing the information unless the Customs Administration
providing the information consents to the disclosure ofsuch information.
4.
This Article shall not preclude the use or disclosureof information to the extent that there is an obligation to
do so under the laws and regulations of the country of theCustoms Administration receiving the information. Such
Customs Administration shall, wherever possible, giveadvance notice of any such disclosure to the Customs
Administration providing the information.
Article 91.
Any information provided from the Customs
Administration of a Contracting Party to the Customs
Administration of the other Contracting Party pursuant tothis Agreement shall not be used by the latter Contracting
Party in criminal proceedings carried out by a court or ajudge.

6

2.
Notwithstanding paragraph 1 of this Article, where oneof the Contracting Parties wishes to use such informationin criminal proceedings carried out by a court or a judge,
the Customs Administration of that Contracting Party shallobtain the prior written consent of the Customs
Administration of the other Contracting Party which
provided the information.
3.
The Customs Administration wishing to obtain the priorwritten consent of the Customs Administration of the other
Contracting Party pursuant to paragraph 2 of this Article
may, on its own initiative or upon request, provide theCustoms Administration providing the information withrelevant information deemed useful for obtaining such
written consent.
4.
The Customs Administration which provided theinformation shall endeavour to take necessary measures togive such prior consent within the reasonable period oftime. In the event that consent cannot be given, the other
Customs Administration shall be promptly notified of thatfact and provided with the reasons thereof.
5.
Nothing in this Article shall prevent a Contracting
Party from submitting a request for information to theother Contracting Party through diplomatic channels, orother channels established in accordance with the laws andregulations of the country of the other Contracting Party.
Article 101.
In cases where the Contracting Party of the Requested
Administration is of the opinion that assistance under thisAgreement would infringe upon the sovereignty, security,
public policy or other substantial interest of its country,
assistance may be refused or withheld, or may be madesubject to the satisfaction of certain conditions orrequirements.
2.
If the Requesting Administration would be unable toexecute a similar request in case such a request were madeby the Requested Administration, it shall draw attention tothat fact in its request. Execution of such a request
shall be at the discretion of the Requested Administration.
3.
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.

7

4.
In the event that a request cannot be executed, theRequesting Administration shall be promptly notified ofthat fact, and provided with a statement of the reasons forpostponement or denial of the request. The statement may
be accompanied by the relevant information which may be
useful for the Requesting Administration in its further
pursuit of the request.
Article 11
The Customs Administrations shall cooperate, whennecessary and appropriate, in the areas of research,development and test of new customs procedures,
technologies and enforcement aids and techniques, training
activities of customs officials, and exchange of personnel
between them.
Article 12
1.
The Contracting Parties shall waive all claims for thereimbursement of expenses incurred pursuant to thisAgreement.
2.
If the execution of a request requires expenses of a
substantial or extraordinary nature, the Customs
Administrations shall consult to determine the terms andconditions under which the request will be executed as wellas the manner in which the costs shall be borne.
Article 13
1.
All disputes concerning the interpretation andapplication of this Agreement shall be settled throughamicable consultations between the Customs Administrations.
2.
If the Customs Administrations fail to reach asettlement, the disputes will be settled through diplomaticchannels.
3.
Detailed arrangements to implement this Agreement will
be made, as necessary, between the Customs Administrationsof the Contracting Parties.
Article 14
This Agreement may be amended by mutual consent of theContracting Parties through diplomatic notes exchangedbetween them, and amendments shall enter into force under
the same conditions as provided Article 15 of thisAgreement, except as otherwise agreed by the Contracting
Parties.

8Article 15
1.
This Agreement shall enter into force on the date ofsignature.
2.
This Agreement is of unlimited duration. Either
Contracting Party may terminate this Agreement at any timeby giving written notification three months in advancethrough diplomatic channels. The termination of thisAgreement shall not affect any ongoing assistance notcompleted at the time of the notification.
IN WITNESS WHEREOF, the undersigned, being duly
authorized by their respective Governments, have signed
this Agreement.
Done at Tokyo, on 19th of December, 2019, induplicate, in the English language.

FOR THE GOVERNMENT OFJAPANFOR THE GOVERNMENT OF
THE REPUBLIC OFUZBEKISTAN

9