Communication from the Ministry of Foreign Affairs No 20 / 1999 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of the Agreement between the Government of the Czech Republic and the Government of the Republic of Hungary on mutual cooperation in customs matters
Valid
International Treaty
Effective from 06.12.1998
Text versions:
29.01.1999
20
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs announces that the Agreement between the Government of the Czech Republic and the Government of the Republic of Hungary on mutual cooperation in customs matters was signed in Prague on 8 July 1998.
The Agreement entered into force on 6 December 1998 on the basis of Article 20 (1) thereof. This date expired in the relations between the Czech Republic and the Republic of Hungary on the arrangements for cooperation in customs matters between the Federal Ministry of Foreign Trade of the Czechoslovak Socialist Republic and the Ministry of Finance of the Hungarian People's Republic of 28 November 1979, published in Sb.
The Czech version of the Agreement is hereby published at the same time. The English version of the Agreement, which is relevant for its interpretation, can be consulted by the Ministry of Foreign Affairs and the Ministry of Finance - Directorate-General for Customs.
AGREEMENT
between the Government of the Czech Republic and the Government of the Republic of Hungary on mutual cooperation in customs matters
the Government of the Czech Republic and the Government of the Republic of Hungary (hereinafter referred to as the "Contracting Parties'),
taking into account that the offences against customs legislation have a negative effect on the economic, financial, social and commercial interests of their States as well as on the legitimate interests of trade;
taking into account the importance of ensuring the accurate measurement and collection of customs duties, taxes, charges or charges relating to the import and export of goods, as well as the corresponding application of the provisions on prohibitions and restrictions and on control;
Believed that efforts aimed at preventing offences against customs legislation and efforts to accurately collect import and export duties, taxes, charges or levies could be made more effectively by the mutual cooperation of their customs authorities;
respecting the recommendation of the Customs Cooperation Council on mutual administrative assistance of 5 December 1953;
also respecting the provisions of the 1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol and the 1971 Convention on Psychotropic Substances, drawn up with the support of the United Nations and the 1988 United Nations Convention against Illicit Trade in Narcotic Drugs and Psychotropic Substances;
agree as follows:
DEFINITIONS
For the purposes of this Agreement:
1. "Customs legislation" means the provisions contained in the law or legislation relating to the import, export or transit of goods, whether in relation to customs duties, taxes, fees or levies levied by customs authorities or to measures relating to prohibitions, restrictions or controls.
2. "Dealer" shall mean any violation of customs legislation, as well as any attempt to breach it.
3. "Customs Authority" in the Czech Republic Ministry of Finance - Directorate-General for Customs and Financial Security, Hungary (Vám-és Pénzügyörség Országos Parancsnoksága).
4. "Requesting customs authority" means the competent customs authority of a Contracting Party requesting assistance in customs matters.
5. "Requested Customs Authority" means the competent customs authority of a Contracting Party which has received a request for assistance in customs matters.
(1) Single Convention on Narcotic Drugs (1).
SCOPE OF THE AGREEMENT
1. The Contracting Parties shall assist each other through their customs authorities and in accordance with the provisions of this Agreement:
(a) to ensure the correct application of customs legislation;
(b) to prevent, investigate and combat offences against customs legislation;
(c) in cases of service of documents or of notification of decisions concerning the application of customs legislation.
2. Assistance under this Agreement shall be provided in accordance with the applicable legislation of the requested Contracting Party and within the limits of the authority and the possibilities of the requested customs authority. Where necessary, the customs authority may request cooperation from another competent authority in accordance with applicable national law in the territory of the State of the requested Contracting Party.
3. This Agreement does not include assistance in the field of criminal law.
COMMUNICATION
1. The customs authorities shall provide each other, on request, with all information enabling the accuracy of:
(a) the collection of customs duties, taxes, fees or charges levied by the customs authorities, and in particular information enabling the customs value of the goods to be determined and the classification of the goods;
(b) the application of import and export prohibitions and restrictions;
(c) when applying national rules of origin which are not covered by other contractual arrangements negotiated by one or both Contracting Parties.
2. If the requested customs authority does not have the required information, it shall endeavour to obtain it by all means available in accordance with the laws in force in the territory of the State of the requested Contracting Party.
3. When obtaining information, the requested customs authority shall act on its behalf.
On request, the customs authorities shall provide each other with any information as to whether:
(a) goods imported into the territory of a State of one Contracting Party are exported from the territory of the State of the other Contracting Party in accordance with national law;
(b) goods exported from the territory of a State of one Contracting Party are imported into the territory of the State of the other Contracting Party in accordance with national law and under which customs procedure they may have been placed under;
(c) goods which have benefited from export from the territory of a State of one Contracting Party have been imported into the territory of the State of the other Contracting Party in accordance with national law, which means that information shall also be provided on any customs control measures to which the goods have been subject.
The customs authority of one Contracting Party shall, on its own initiative or upon request, provide the customs authority of the other Contracting Party with all information relating to the infringement of customs legislation, in particular concerning:
(a) persons known or suspected of infringing or violating the customs legislation in force in the territory of the State of the other Contracting Party;
(b) goods known to be the subject of illegal trade;
(c) means of transport and containers known or suspected to have been, or could have been used in breach of the customs legislation in force in the territory of the State of the other Contracting Party;
(d) new methods and means used to commit offences against customs legislation.
1. The customs authority of one Contracting Party shall, on its own initiative or at the request of the customs authority of the other Contracting Party, provide reports, records of records or certified copies of documents containing all available information on the activities, both established and prepared, which are or may be the subject of offences against the customs legislation in force in the territory of the State of that Contracting Party.
2. Original records and documents shall only be required where certified copies would be insufficient. The originals which have been transmitted shall be returned without delay as soon as the reason for which they have been provided to the customs authorities of the other Contracting Party ceases to exist.
The documents referred to in this Agreement may be provided by electronic means in any form whatsoever for the same purpose. At the same time, all relevant information for the interpretation or use of these materials should be provided.
SURVEILLANCE OF PERSONS, GOODS AND TRANSPORT INSTRUMENTS
The customs authority of one Contracting Party shall, on its own initiative or at the request of the customs authority of the other Contracting Party, exercise, within the limits of its competence and the possibility of supervising:
(a) the movement of persons, in particular entry into and exit from the territory of their State known or suspected of committing offences against the customs legislation in force in the territory of the State of the other Contracting Party;
(b) means of transport and containers known or suspected to have been or are being used to commit offences against the customs legislation in force in the territory of the other Contracting Party;
(c) the movement of goods which, according to the notification of the customs authority of the other Contracting Party, could result in or suspect illegal trade within its territory.
_
1. The customs authorities may, by mutual agreement and within the limits of their powers laid down by national law, use the consignment under surveillance in order to identify the persons involved in the offence. If the decision on the use of the monitored consignment is not within the competence of the customs authority, that authority shall seek the assistance of the national authorities with such competence or transmit the case to that authority.
2. By mutual agreement of the authorised authorities, illegal consignments for which the use of the supervised consignment is agreed may be detained and subsequently retained to continue with narcotic and psychotropic substances or substances which replace them in the unaltered state or, where the conditions permit, have been removed or replaced in full or in part.
3. Decisions on the use of the monitored consignment shall be taken on a case-by-case basis and may, if necessary, take into account financial agreements and arrangements between the competent national authorities.
INVESTIGATION
1. Upon request, the requested customs authority shall initiate an official investigation concerning operations which are or may be contrary to the applicable customs legislation in the territory of the State of the requesting Contracting Party. The results of such investigations shall be communicated to the requesting customs authority.
2. This investigation shall be carried out in accordance with the applicable national law in the territory of the State of the requested Contracting Party. The requested customs authority shall act as if acting on its behalf.
3. The requested customs authority may allow officials of the requesting Contracting Party to be present in such an investigation.
4. Where representatives of the customs authority of one of the Contracting Parties are present under this Agreement in the territory of the State of the other Contracting Party, they shall at any time be able to provide proof of their official authorisation. They must not be in uniform and must not carry weapons.
KNOWLEDGE AND SCIENTIFIC
1. Where the courts or authorities of one Contracting Party so request in respect of offences against the customs legislation which they are discussing, the customs authority of the other Contracting Party may authorise its officials to appear as witnesses or as experts in those courts or authorities. These officials shall give evidence of the facts found in the performance of their duties. The request for an official to appear as a witness or expert must clearly specify the case and the role to be played by that official.
2. An official who is to appear as a witness or expert shall have the right to refuse to give evidence or declaration if he is empowered or obliged to do so under the laws of his State or the laws of the requesting Contracting Party.
USE OF INFORMATION AND DOCUMENTS
1. Information, documents and other communications obtained under this Agreement shall not be used for purposes other than those referred to in this Agreement without the written permission of the customs authority which provided them. This provision does not apply to information, documents and other delicacies related to narcotic and psychotropic substances. These will be passed on to the authorities in charge of combating the illegal transport of narcotic drugs and psychotropic substances.
2. Any information communicated in any form under this Agreement shall be of a confidential nature. They shall be covered by professional secrecy and shall be protected as the same type of information and documents under the applicable national law in the territory of the State of the Contracting Party which has accepted them.
3. Paragraph 1 shall not prevent the use of information in any judicial or administrative proceedings initiated subsequently because of a breach of customs legislation.
4. The customs authorities of the Contracting Parties may, in accordance with the objective and to the extent of this Agreement, use the information and documents obtained as evidence:
(a) in their records, reports and testimonies; and
(b) in proceedings and actions before courts.
The use of such information and documents as evidence in a court of law and the importance attached to them shall be determined in accordance with national law.
PROTECTION OF PERSONAL DATA
1. For the purposes of this Agreement, "personal data" shall mean any data which may relate to a particular natural person or any knowledge of that person, which may be obtained from the data referred to above.
2. In accordance with the national law of the Contracting Parties, the protection of personal data shall be subject to at least the following conditions:
(a) personal data shall not be transmitted as soon as there is a reasonable reason to believe that the transmission or use of the data would be contrary to the fundamental legal principles of one of the Contracting Parties, and in particular if the person concerned would suffer disproportionate damage. At the request of the customs authority providing the personal data, the customs authority receiving them shall inform the granting customs authority of the use made of the information obtained and of the results obtained;
(b) personal data may be transmitted only to the customs authorities and other authorities of the administration and, if necessary, to the prosecuting authorities and prosecutors and judicial authorities. Such information shall be communicated only to those persons who are to use it for that purpose. They shall be communicated to other persons only if the granting authority expressly agrees and the legislation binding on the receiving authority permits such information;
(c) the requested customs authority must ensure that the personal data to be transmitted are valid and correct. Where the requested customs authority finds that incorrect data or data which, due to its nature, should not have been transmitted has been transmitted, it shall immediately inform the requesting customs authority thereof. The requesting authority shall correct, destroy or delete such personal data if requested;
(d) the requested customs authority shall, together with the personal data, provide information on the period within which the data are to be deleted under the legislation of its State. Personal data shall be deleted if there is no need for their use;
(c) the customs authorities of the Contracting Parties shall keep records of the personal data transmitted or received and shall effectively protect all personal data against unauthorised access to them, amendment, publication, damage or destruction.
NOTIFICATION AND NOTIFICATION
The requested customs authority shall, in accordance with the applicable national provisions in the territory of the State of the requested Contracting Party, deliver or notify, on request, any natural or legal person residing or having its registered office in the territory of the State of the requested Contracting Party, any evidence and notification of the decision to the extent of this Agreement issued by the requesting Contracting Party.
FORM AND CONTENTS OF THE COOPERATION APPLICATION
1. Requests under this Agreement shall be made in writing. The documents necessary to comply with such an application shall be annexed to the application. If the situation is urgent, oral requests may also be accepted, which must be immediately confirmed in writing.
2. Applications submitted pursuant to paragraph 1 of this Article shall contain the following particulars:
(a) the requesting customs authority;
(b) the measure required;
(c) the subject matter and the reason for the request;
(d) legislation and other relevant legal standards;
(e) the most accurate and detailed information on the natural or legal persons under investigation;
(f) an overview of the relevant facts, if not the cases referred to in Article 14.
3. The application shall be made either in the official language of the requested Contracting Party or in English or in another language acceptable to the requested customs authority.
4. If the application does not comply with the formal requirements, correction or addition may be required; This shall be without prejudice to the adoption of interim measures.
EXEMPTIONS FROM OBLIGATIONS TO PROVIDE AID
1. Where the requested customs authority concludes that the requested cooperation could undermine the sovereignty, public policy, security or other essential interests of the requested Contracting Party or breach of the industrial, commercial or professional secrecy within the territory of the State of that Contracting Party, it may refuse to provide such assistance, provide it in part or make it conditional on the fulfilment of certain conditions or requirements.
2. If the request for assistance cannot be met, the requesting customs authority shall be informed thereof without delay and informed of the reasons for the refusal.
3. Where the customs authority of one Contracting Party requests assistance which it would not be able to provide itself if requested by the customs authority of the other Contracting Party, it shall draw attention to that fact in its request. Compliance with such a request shall be subject to consideration by the requested customs authority.
COSTS
The customs authorities of the Contracting Parties shall not claim reimbursement of the costs incurred in the implementation of this Agreement, with the exception of expenditure on experts, witnesses, interpreters and translators.
IMPLEMENTATION
1. The customs authorities of the Contracting Parties shall be responsible for implementing this Agreement. To this end, the customs authorities shall agree more detailed arrangements.
2. The customs authorities of the Contracting Parties may agree that their investigating authorities shall be in direct contact with each other.
TERRITORIAL APPLICATION
This Agreement shall apply in the customs territories of the two Contracting Parties.
Entry into force and termination
1. The Contracting Parties shall notify each other by diplomatic means that all the requirements necessary under national law for the entry into force of the Agreement have been fulfilled. The Agreement shall enter into force 60 days after the adoption of the last notification.
2. This Agreement may be denounced by written notice by diplomatic means and shall expire six months after such notification has been accepted by the other Contracting Party.
3. The date of entry into force of this Agreement will be the date on which the Agreement on Customs Cooperation between the Federal Ministry of Foreign Trade of the Czechoslovak Socialist Republic and the Ministry of Finance of the People's Republic of Hungary signed in Bratislava on 28 November 1979 will be terminated between the Contracting Parties.
To prove the signature, fully empowered to do so, they signed this agreement.
Dane in Prague on 8 July 1998 in three original versions in Czech, Hungarian and English, all texts being original. In the event of differences in interpretation, the English language version shall be decisive.
For the Government of the Czech Republic:
JUDr. Miroslav Kárník v. r.
Director-General of Directorate-General for Customs
For the Government of the Republic of Hungary:
Ltd. Gen. Mihály Arnold v. r.
Commissioner Customs and financial guards
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 20 / 1999 Coll., on the negotiation of the Agreement between the Government of the Czech Republic and the Government of the Republic of Hungary on mutual cooperation in customs matters |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.01.1999 |
|---|---|
| Effective from | 06.12.1998 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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