Communication from the Ministry of Foreign Affairs No. 228 / 1998 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 State of Israel on mutual assistance in customs matters
Valid
International Treaty
Effective from 18.08.1998
Text versions:
07.10.1998
228
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs states that the Agreement between the Government of the Czech Republic and the Government of the State of Israel on mutual assistance in customs matters was signed in Jerusalem on 2 September 1997.
The Parliament of the Czech Republic agreed to the Agreement and the President of the Republic ratified it.
The Agreement entered into force on 1 October 1998 pursuant to Article 14 (1) thereof.
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 State of Israel
on mutual assistance in customs matters
the Government of the Czech Republic and the Government of the State of Israel (hereinafter referred to as the "Contracting Parties'),
taking into account that offences against customs legislation harm the economic, financial and commercial interests of their countries,
taking into account the importance of ensuring that customs duties, taxes, duties or import and export levies are accurately measured and that the origin of the goods is correctly determined, as well as the corresponding application of the provisions on prohibitions, restrictions and control,
Recognising the need for international cooperation on matters relating to the administration and implementation of customs legislation,
convinced that the fight against customs offences may be more effective on the basis of the cooperation of their customs authorities,
respecting the recommendation of the Customs Cooperation Council on mutual administrative assistance of 5 December 1953,
agree as follows:
Definitions
For the purposes of this Agreement:
1. "Customs legislation" means the laws and provisions applied by the customs authorities concerning the import, export or transit of goods, whether in relation to customs duties, taxes, charges and levies, or to prohibitions, restrictions and other control mechanisms relating to the movement of goods across national borders.
2. "Customs authorities" in the Czech Republic Ministry of Finance - Directorate-General for Customs and in the State of Israel Directorate for Customs and Value Added Tax of the Ministry of Finance.
3. "agent" means any breach of customs legislation, as well as any attempt to breach it.
Scope of the Agreement
1. Any assistance granted by any Contracting Party under this Agreement shall comply with its national law.
2. The Contracting Parties undertake to assist each other through their customs authorities in order to prevent, investigate, suppress and prosecute all offences relating to breaches of customs legislation in accordance with the provisions of this Agreement.
Scope of assistance
1. Assistance provided on its own initiative or at the request of the customs authorities of one of the Contracting Parties, as provided for in this Agreement, shall also cover the provision of information enabling the application of customs legislation and the accurate measurement of customs duties, taxes, charges and levies on imports and exports of goods.
This information shall cover in particular:
(a) measures in the field of the fight against pollution which may be used to prevent offences, in particular specific means of combating offences;
(b) new methods used in committing offences;
(c) knowledge and findings resulting from the successful use of new tools and techniques;
(d) improved procedures and methods for handling passengers and goods.
2. The assistance referred to in paragraph 1 shall be granted for use in all proceedings conducted by the requesting Party, whether in judicial, administrative or investigative matters, and shall cover in particular proceedings concerning the identification, value, origin and other characteristics of goods required for the implementation of customs legislation and proceedings involving the imposition of fines, criminal penalties, confiscation of property and the determination of compensation.
3. The customs authorities of the Contracting Parties, unless this is contrary to their national law, shall further cooperate in:
(a) developing, developing or improving specific training programmes for its staff;
(b) the establishment and maintenance of communication channels between their administrations in order to ensure secure and rapid exchange of information;
(c) facilitating effective coordination between their administrations, including the exchange of workers, experts and the appointment of liaison staff;
(d) assessment and testing of new equipment or procedures;
(e) the simplification and harmonisation of their customs systems; and
(f) any other general administrative matters which might require joint action.
4. This assistance shall not apply to requests for imprisonment. This form of assistance also excludes the collection and enforcement of duties, taxes, charges and charges.
Confidentiality of information and documents
1. Information documents and other communications obtained as part of mutual assistance may be used only for the purposes referred to in this Agreement, including use in judicial and administrative procedures.
2. Questions, information, documents and other communications obtained by the customs authorities of any Contracting Party shall be treated as confidential and shall be provided with the same protection of confidential information and official secrecy in respect of the same type of information, documents or other communications obtained in their own territory.
Notification of applications
A. FORM AND CHARTER OF THE AID APPLICATION
1. Requests relating to this Agreement shall be made in writing. The documents necessary for the processing of such an application shall be annexed thereto. If the urgency of the situation so requires, oral requests may also be accepted, but must be immediately confirmed in writing.
2. Applications under paragraph 1 of this Article shall include the following information:
(a) the customs authority submitting the application;
(b) the nature of the procedure;
(c) the subject matter and reason for the request;
(d) the names and addresses of the parties to the proceedings, if any,
(e) a brief description of the matter and the legal facts relating thereto.
3. Applications shall be submitted in English.
B. COMMUNICATION CANALS
1. Assistance shall be carried out through direct communication between the competent customs authorities.
2. Where the customs authority of the requested Contracting Party is not the competent authority for the processing of the request, it shall, after the necessary consultations, transmit the request without delay to the competent authority which shall dispose of the request in accordance with its legal powers or communicate the relevant procedure to the requesting customs authority in the case.
Processing of the application
1. The requested customs authority to which the request is addressed shall take all appropriate measures to deal with the request and, if necessary, shall endeavour to carry out any official or judicial action necessary to deal with the request.
2. The customs authority of any Contracting Party shall, at the request of the customs authority of the other Contracting Party, carry out any necessary investigation, including interviews of experts and witnesses or persons suspected of committing an offence, and shall carry out judicial verifications, inspections and investigations in relation to matters covered by this Agreement.
3. Upon request, the requested customs authority to which the request is addressed may, as far as possible, allow the personnel of the requesting customs authority to be present in the country of the requested Contracting Party to which the request is addressed, in the event that its personnel conduct investigations into the offences relating to the requesting customs authority.
4. If requested, the requesting customs authority shall be informed of the time and place of the action to be taken in connection with the request in order to coordinate such action.
5. The personnel of the requesting customs authority authorised to investigate the offences may request that the personnel of the requested Contracting Party examine the relevant bundles, registers and other documents or data carriers and make copies of them or provide any other information relating to the offence.
6. The requesting customs authority shall not use evidence or information obtained under this Agreement for purposes other than those specified in the application without the prior agreement of the requested customs authority.
Exemptions from assistance
1. In cases where the requested Contracting Party considers that the processing of an application would constitute a breach of its sovereignty, security, public policy or other essential State interests or would infringe industrial and commercial secrets or the secrets of the profession, the assistance may be refused or the granting of such an application may be subject to certain conditions or requirements.
2. Where the request cannot be met, the requesting Contracting Party shall be informed thereof without delay and informed of the reasons for the refusal.
3. Assistance may be postponed by the requested customs authority on the grounds that an investigation, prosecution or proceedings may be disrupted. In such a case, the requested customs authority shall consult the requesting customs authority as to whether assistance can be provided under such conditions as the requested customs authority requires.
Documents, documents and witnesses
1. The customs authorities of the Contracting Parties shall, upon request, provide documentation concerning the transport and dispatch of goods, indicating its value, origin, disposition and destination.
2. Originals of files, documents and other materials may only be requested where copies are insufficient. At special request, copies of such files, documents and other materials shall be verified accordingly.
3. The originals of the files, documents and other materials which have been transmitted shall be returned at the earliest opportunity. The rights of the requested customs authority or third party must remain unaffected. On request, the originals necessary for decision-making or similar purposes will be returned without delay.
4. At the request of the customs authority of one Contracting Party, the authorised customs authority of the other Contracting Party shall, at the discretion of the latter, agree to do so in order to appear as witnesses in judicial or administrative proceedings in the territory of the requesting Contracting Party and to submit files, documents or other materials, or certified copies thereof, which may be considered relevant to the proceeding.
Service of documents
1. The customs authority of one Contracting Party shall, at the request of the customs authority of the other Contracting Party, deliver the documents of the requesting customs authority. The receipt of the addressee with the date of delivery or the certificate describing the method and the date of delivery shall be used as proof of service.
2. The requested customs authority shall return, as far as possible, proof of service as indicated in the application. Where the documents cannot be served or cannot be served in that manner, the requesting customs authority shall be informed thereof, stating the reasons therefor.
Costs
1. The customs authorities of the Contracting Parties shall waive any claim to cover the costs arising from the processing of the application, with the exception of the costs of witnesses, fees for experts and fees to interpreters, unless they are civil servants.
2. Where expenditure is incurred in connection with the processing of an application of a significant amount or exceptional nature, the customs authorities of the two Contracting Parties shall consult the conditions under which the application will be processed and the manner in which those costs will be reimbursed.
Specific cases of assistance
1. On request, the customs authorities shall inform each other whether goods exported or imported into the territory of a State of one Contracting Party have been lawfully exported or imported into the territory of the other Contracting Party. The information shall include, on request, the customs procedures used in the customs procedure.
2. The customs authorities of one Contracting Party, at the request of the customs authorities of the other Contracting Party, shall, within the limits of their powers and possibilities, carry out specific supervision of:
(a) means of transport which are suspected to have been used to commit offences in the territory of the requesting Contracting Party;
(b) goods identified by the requesting Party as an object of widespread illegal trade, the destination of which is that Party;
(c) specific persons who have committed or are suspected of committing offences.
3. The customs authorities of the Contracting Parties shall provide each other with all available information concerning activities which may result in the commission of offences in the territory of the other Contracting Party. In cases where significant damage to the economy, citizens' health, citizens' safety or other vital interests of the other Party could occur, such information shall be provided without request.
4. For the purposes of preventing, investigating and combating offences relating to narcotic drugs and psychotropic substances, the customs authorities of the Contracting Parties shall communicate to each other, as far as possible without the submission of an application, any information relating to possible infringements of the customs legislation of the other Contracting Party.
Observed consignment
1. Where the essential principles of the relevant national legislation so permit, the Contracting Parties shall take the necessary measures, within their respective means, to make appropriate use of the possibility of being monitored at international level, on the basis of agreements and mutually agreed arrangements, in order to identify and take legal action against persons involved in illicit trafficking in narcotic drugs and psychotropic substances.
2. Decisions on the use of the monitored consignment shall be taken on a case-by-case basis. Where necessary and provided that such a procedure complies with the national law of the Contracting Parties, the Contracting Parties may consider financial arrangements and agreed agreements.
3. An illegal consignment the controlled supply of which is agreed may be seized with the mutual consent of the competent authorities and may continue with the intact content of narcotic or psychotropic substances or may be partially or fully removed or replaced.
4. This Article shall be applied in accordance with all the procedures laid down in this Agreement.
Implementation of the Agreement
1. The customs authorities of the Contracting Parties shall be responsible for implementing this Agreement. To this end, the customs authorities shall agree on more detailed arrangements and any doubts arising from the interpretation or application of this Agreement shall be dealt with jointly.
2. The customs authorities of the Contracting Parties may agree that their investigating authorities are in direct contact with each other.
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 entry into force have been fulfilled. The Agreement shall enter into force on the 60th day following the date of receipt of the last notification.
2. The Parties agree that the customs authorities shall meet to jointly evaluate this Agreement and to resolve other practical issues relating to cooperation and synergies between them, at the request of one of the customs authorities, or five years after the entry into force of the Agreement, unless they notify each other in writing that the evaluation is not necessary.
3. 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.
To prove the signature, fully empowered by their governments, they signed this agreement.
Daned in Jerusalem on 2 September 1997, corresponding to 1. Elul on 5757, in three original versions, in Czech, Hebrew and English, where all the texts are original. In case 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 State of Israel:
Prof. Yaakov Neeman v. r.
Minister for Finance
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 228 / 1998 Coll., on the negotiation of the Agreement between the Government of the Czech Republic and the Government of the State of Israel on mutual assistance in customs matters |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.10.1998 |
|---|---|
| Effective from | 18.08.1998 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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