Communication from the Ministry of Foreign Affairs No. 200 / 1996 Coll.
Communication from the Ministry of Foreign Affairs on the Treaty between the Czech Republic and the Slovak Republic on cooperation and mutual assistance in customs matters
Valid
International Treaty
Effective from 06.06.1996
Text versions:
01.08.1996
200
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs announces that on 20 October 1995 the Treaty between the Czech Republic and the Slovak Republic on cooperation and mutual assistance in customs was signed in Prague.
The Parliament of the Czech Republic gave its assent to the Treaty and the President of the Republic ratified it. The instruments of ratification were exchanged in Bratislava on 7 May 1996.
The Treaty entered into force on 6 June 1996 pursuant to Article 15 (2) thereof.
The Czech version of the Treaty is hereby published at the same time.
TREATY
between the Czech Republic and the Slovak Republic
on cooperation and mutual assistance in customs
the Czech Republic and the Slovak Republic (hereinafter referred to as the "Contracting Parties'),
led by the desire to implement the provisions of the Final Act of the Conference on Security and Cooperation in Europe,
in order to facilitate contacts and to deepen relations between the two Parties,
Wishes to facilitate further development of cooperation between the customs administrations of both Contracting Parties through travel and transport of goods across common national borders,
Taking into account that it is important to ensure the correct collection of customs duties, taxes, levies, charges and other charges on imports or exports of goods and to ensure a more effective fight against breaches of customs legislation,
agree as follows:
For the purposes of this Treaty:
(a) "customs legislation" means the laws and other legislation which the customs authorities are entrusted with implementing;
b) "Customs administrations" in the Czech Republic Ministry of Finance - Directorate-General for Customs and in the Slovak Republic Central Customs Administration,
(c) "breach of customs legislation" means both infringement of customs legislation and attempted infringement of customs legislation.
Contracting Parties
(a) take all necessary measures to facilitate customs procedures for transport between the two States by cooperating their customs administrations;
(b) assist each other within the framework of this Treaty in order to ensure the accurate collection of customs duties, taxes, levies, charges and other charges on imports and exports of goods and in preventing, detecting and penalising infringements of customs legislation.
The Parties shall proceed in such a way as to reduce as far as possible the duration of the customs procedure. This applies in particular to:
(a) perishable goods, live animals and other goods for which there is an urgent need for rapid transport;
(b) goods intended to eliminate the consequences of accidents, natural disasters and similar occurrences and other types of express goods;
(c) goods carried on international express trains;
(d) passengers, mainly in scheduled bus services.
(1) Customs procedures at the common borders of the two States are carried out at customs crossing points.
(2) The customs administrations of the Contracting Parties shall determine, by mutual agreement, the working hours of the customs offices at the customs crossing points referred to in paragraph 1.
(3) Goods may only be transported through customs transit during the working hours of customs offices.
(4) Transport of goods outside customs crossing points or outside the working hours of customs offices may, on a case-by-case basis, be carried out in accordance with the agreement of customs administrations.
(1) The customs authorities of the Contracting Parties recognise the customs conclusions of the other Contracting Party and other conclusions recognised by the customs authorities of the other Contracting Party. This shall be without prejudice to their right to remove those conclusions for the purpose of customs control. The customs authorities may also attach their own seals at the same time.
(2) The customs authorities of the Contracting Parties recognise the information by which the competent authorities of the other Contracting Party indicate their volume, capacity, etc.
Customs administrations of the Contracting Parties shall exchange
(a) experience gained in its work, in particular in the use of technical means; and
(b) customs legislation, professional literature, scientific and technical work in customs;
(c) data on the movement of persons and goods through customs crossing points at common national borders.
(1) At the request of the customs administration of one Contracting Party, the customs administration of the other Contracting Party shall carry out the investigation. This includes all the acts required under the national law of the requested Contracting Party for the customs authorities' own management of customs duties, taxes, levies, charges and other charges on import and export of goods and for penalties for infringements of customs legislation. The detention, presentation or detention of persons and any other deprivation of liberty, as well as the collection and recovery of customs duties, taxes, levies, charges and other charges on importation and export of goods shall be exempt from the assistance provided for in this Treaty.
(2) The investigation shall be carried out in accordance with the national law of the requested Contracting Party. A request by the requesting customs authority to proceed in a particular way may be granted unless this is contrary to the law of the requested Contracting Party.
(3) The result of the investigation shall be communicated to the requesting customs authority.
The customs administrations of the Contracting Parties shall communicate to each other, without invitation or request, as soon as possible, any information on breaches of customs legislation which has a particular interest in combating them. This applies in particular to the illegal transport of narcotic drugs and psychotropic substances, weapons, objects of historical, artistic, cultural or archaeological importance, as well as goods subject to high taxation, such as alcohol and tobacco products.
The customs authorities shall communicate to each other at the request,
(a) whether the seals, identification marks or documents submitted to the requesting customs authority are authentic;
(b) whether goods imported from the territory of the other Contracting Party have been exported from its territory in accordance with customs legislation;
(c) whether goods exported to the territory of the other Contracting Party have been imported under their customs legislation and under which customs procedure they have been placed there.
At the request of the customs administration of one Contracting Party, the customs administration of the other Contracting Party shall notify the decision, order and other documents of the requesting Contracting Party to the recipients who are resident or registered in the territory of the requested Contracting Party.
(1) Information, documents and other communications obtained under this Treaty may be used only for the purposes of this Treaty. They may be used for other purposes only with the express agreement of the customs administration of the Contracting Party which provided them. This shall not apply to information, documents and other communications concerning the illicit import, export and transit of narcotic drugs and psychotropic substances.
(2) A Contracting Party which receives information, documents or other communications pursuant to this Treaty shall treat it in the same way as regards the handling of classified information as well as the information, documents and communications provided by its authorities.
(1) Assistance under this Treaty may be refused or subject to certain conditions if the requested Contracting Party considers that the provision of such assistance may undermine its sovereignty, security, public policy or other important interests, including commercial and economic interests, as well as production secrets.
(2) Where a request is made and the requesting customs administration is unable to comply with a request of the same type made by the other Contracting Party, this shall be brought to the attention of the request. In such a case, the requested customs administration shall decide whether to accept the request.
(3) If the request cannot be granted in whole or in part, the requesting customs administration shall be informed immediately.
(1) Customs administrations are hereby authorised to implement this Treaty. The customs administrations of the Contracting Parties shall act directly on matters arising from this Treaty and relating to the application of customs legislation; convene meetings, as appropriate, to exchange experience in the application of this Treaty.
(2) Written communications under this Treaty are in the official language of each Contracting Party.
The Contracting Parties shall not charge each other for the costs associated with the implementation of this Treaty.
(1) This Treaty is subject to ratification and the instruments of ratification will be exchanged in Bratislava.
(2) This Treaty shall enter into force 30 days after the date of replacement of the instruments of ratification.
This contract is for an indefinite period. Each Party may be denounced in writing by diplomatic channels. This contract shall expire one year after its termination.
Dane in Prague on 20 October 1995 in two original copies, each in the Czech and Slovak languages, the two texts being equally authentic.
For the Czech Republic:
Ing. Ivan Kočárník CSc. v. r.
Deputy Prime Minister and Minister for Finance
For the Slovak Republic:
Sergei Kozlík v. r.
Deputy Prime Minister and Minister for Finance
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 200 / 1996 Coll., on the Agreement between the Czech Republic and the Slovak Republic on Cooperation and Mutual Assistance in Customs |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.08.1996 |
|---|---|
| Effective from | 06.06.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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