Communication from the Ministry of Foreign Affairs No. 228 / 1996 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of the Agreement between the Government of the Czech and Slovak Federal Republic and the Government of the Hellenic Republic on the cooperation and mutual assistance of customs administrations of both states
Valid
International Treaty
Effective from 01.12.1995
Text versions:
14.08.1996
228
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs states that on 15 May 1991 the Agreement between the Government of the Czech and Slovak Federal Republic and the Government of the Hellenic Republic on the cooperation and mutual assistance of customs administrations of both states was signed in Prague.
In exchange for the Notes of the Ministry of Foreign Affairs of the Czech Republic of 16 November 1994 and the Embassy of the Hellenic Republic in Prague on 20 December 1994, it was agreed that the Agreement between the Government of the Czech and Slovak Federal Republic and the Government of the Hellenic Republic on the Cooperation and Mutual Assistance of Customs Administrations of the two States of 15 May 1991 would be considered to be concluded between the Czech Republic and the Hellenic Republic.
The Agreement entered into force on 1 December 1995 pursuant to Article 14 thereof.
The Czech version of the Agreement is hereby published at the same time.
AGREEMENT
between the Government of the Czech and Slovak Federal Republic and the Government of the Hellenic Republic on the cooperation and mutual assistance of customs administrations of both States
Governments of the Czech and Slovak Federal Republic and the Hellenic Republic,
led by the wish to fully and fully implement the provisions of the Final Act of the Conference on Security and Cooperation in Europe,
in an effort to facilitate contacts and to deepen relations between the two States,
be guided by the desire to facilitate travel and travel through further development of cooperation between customs administrations of both Parties,
taking into account that it is important to ensure the correct collection of customs duties and other charges on the import or export of goods and the more effective combating of customs offences,
agree as follows:
This Agreement shall:
(a) "customs legislation" shall mean a summary of the laws and regulations of the Contracting Parties, carried out and administered by customs administrations on import, export or transit of goods;
(b) "customs administrations" means the central customs authorities, which are the Federal Ministry of Foreign Trade in the Czech and Slovak Federal Republic - Central Customs Administration and the Ministry of Finance in the Hellenic Republic - Customs Administration;
(c) "customs delicacy" means any breach or attempted violation of customs legislation.
The Contracting Parties shall take all necessary measures to facilitate the implementation of the provisions of both Parties by closely cooperating their customs administrations.
To this end, they shall assist each other within the framework of this Agreement to facilitate the collection of customs duties, taxes and other duties on imports and exports, as well as in preventing, detecting and suppressing customs offences.
(1) The customs authorities of each of the two States recognise the customs seals of the other State, except where those seals need to be removed for the purpose of carrying out a customs inspection.
Customs offices may also attach their own seals in addition.
(2) In principle, the customs authorities of each of the two States recognise the official designation of the competent authorities of the other State, indicating the means of transport and, in the accompanying documents, their volume, capacity, etc.
The customs administrations of the Contracting Parties shall exchange experience gained in their activities, in particular from the use of technical means and methods used in the commission of customs offences, as well as the normative customs provisions necessary for the implementation of this Agreement.
(1) At the request of the customs administration of one Contracting Party, the customs administration of the other Contracting Party shall, within its scope and as far as possible, carry out an investigation. This includes all the measures needed to collect customs duties and other import and export charges and to deal with customs offences. The temporary detention or arrest of persons and any other deprivation of liberty, and the collection and recovery of customs duties, other import and export charges, fines and other amounts shall be exempt from this Agreement.
(2) The investigation shall be carried out in accordance with the law of the requested Contracting Party.
(3) A request by the requesting customs authority to proceed in a certain manner may be granted unless this is contrary to the law of the requested Contracting Party.
(4) The result of the investigation shall be communicated to the requesting customs authority.
The customs administrations of the Contracting Parties shall communicate without delay, without invitation or request, all information on customs delicacies of which there is a special interest in combating them.
This applies in particular to the illegal transport of narcotic drugs and psychotropic substances, objects of historical, artistic, cultural and archaeological importance, as well as goods subject to high customs duties, taxes or other charges.
The customs authorities shall communicate to each other at the request,
(a) whether the seals, identification marks or official documents presented to the customs administration are authentic;
(b) whether the goods imported from the territory of the other Contracting Party have been exported from their territory in accordance with customs legislation;
(c) whether the goods exported to the territory of the other Contracting Party have been imported in accordance with its customs legislation and which type of customs procedure they have undergone there.
The customs administration of one Contracting Party shall, at the request of the other Contracting Party, take the necessary measures to service the decision, order and other documents of the requesting Contracting Party to the recipients residing in the territory of the requested Contracting Party.
The customs administration of each Contracting Party shall, on its own initiative, provide the customs administration of the other Contracting Party, if this shows an exceptional interest, with all available information concerning the means of illicit trafficking in narcotic drugs and psychotropic substances, persons and means of transport associated with such activities.
(1) Information, official documents and other communications received under this Agreement may be used only for the purposes of this Agreement. In other cases, they may be used only with the express consent of the Party which provided them; This shall not apply to information, official documents and other communications relating to customs offences committed in the illicit transport of narcotic drugs and psychotropic substances, weapons, ammunition and explosives.
(2) A Contracting Party which receives information, documents or other communications pursuant to this Agreement shall treat them in the light of official secrecy as well as information, documents and communications provided by its own authorities.
(1) Assistance under this Agreement may be refused or subject to certain conditions if the requested Contracting Party considers that the provision of such assistance could undermine its sovereignty, security, public policy or other vital interests, including commercial, economic and political interests, as well as commercial secrets.
(2) If a request is made, the requesting Contracting Party would not have been able to comply with a request of the same kind, if the other Contracting Party had submitted it, the matter shall be referred to in the request.
In such a case, compliance with the request shall be left to the requested Contracting Party.
(3) If the request cannot be met in whole or in part, the requesting customs administration must be informed immediately.
(1) Customs administrations are hereby authorised to implement this Agreement. The central authorities of the customs administrations of the Parties shall act directly on matters arising from this Agreement and relating to its implementation; to conduct consultations to exchange experience to facilitate the implementation of this Agreement as necessary.
(2) This Agreement shall enter into force on the date of its adoption. the translation into English or French is added.
The Contracting Parties shall waive any reimbursement of expenses associated with the implementation of this Agreement.
This Agreement shall be subject to approval under the law of each Contracting Party. It shall enter into force on the first day of the third month following the date on which the Contracting Parties have informed each other, by exchange of diplomatic notes, that the conditions required for the entry into force have been fulfilled under each Contracting Party's national law.
This Agreement shall be concluded for an unlimited period. Each Party may be denounced in writing by diplomatic channels. This Agreement shall expire one year after its termination.
Dane in Prague on 15 May 1991 in two copies, each in the Czech and Greek languages, both texts being equally authentic.
For the Government of the Czech and Slovak Federal Republic:
Dr Jiří Hronovský v. r.
For the Government of the Hellenic Republic:
Nicolas Spyracopoulos v. r.
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 228 / 1996 Coll., on the negotiation of the Agreement between the Government of the Czech and Slovak Federal Republic and the Government of the Hellenic Republic on the Cooperation and Mutual Assistance of Customs Administrations of both States |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.08.1996 |
|---|---|
| Effective from | 01.12.1995 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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