Communication from the Ministry of Foreign Affairs No. 249 / 1996 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 Kingdom of Sweden on mutual cooperation in customs matters
Valid
International Treaty
Effective from 10.09.1996
Text versions:
25.09.1996
249
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs states that an Agreement between the Government of the Czech Republic and the Government of the Kingdom of Sweden on mutual cooperation in customs matters was signed in Stockholm on 24 March 1995.
The Parliament of the Czech Republic agreed to the Agreement and the President of the Republic ratified it.
The Agreement entered into force on 10 September 1996 on the basis of Article 20 (1) thereof.
The Czech translation of the Agreement is announced simultaneously.
AGREEMENT
between the Government of the Czech Republic
and the Government of the Kingdom of Sweden
on mutual cooperation in customs matters
the Government of the Czech Republic and the Government of the Kingdom of Sweden (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 levies in connection with 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 to prevent offences against customs legislation and efforts to accurately collect import and export duties, taxes, fees or levies could be made more effectively by cooperating more effectively with 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 provisions contained in the Act or in the Regulations 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. "delegate" means any breach of customs legislation and also an attempt to breach that legislation.
3. "Customs Authority" in the Czech Republic Ministry of Finance - Directorate-General for Customs, in the Kingdom of Sweden - Directorate-General for Customs (Generaltullstyrelsen).
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.
6. "Observed consignment" means a procedure allowing illegal or suspected consignments of narcotic drugs or psychotropic substances or substances which replace them to come from, through or into the territory of a Contracting Party, with the knowledge and control of the competent authorities in order to identify persons involved in the illicit trade in narcotic drugs and psychotropic substances.
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 concerning the service of documents or the notification of decisions concerning the application of customs legislation;
(d) in cases relating to the performance of claims in relation to 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 the applicable legislation of the requested Contracting Party.
Communication of information
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 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 applicable legislation 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 one Contracting Party are exported from the territory of the other Contracting Party in accordance with the legislation;
(b) goods exported from the territory of one Contracting Party are imported into the territory of the other Contracting Party in accordance with the legislation;
(c) goods which have benefited from export from the territory of one Contracting Party have been lawfully imported into the territory of the other Contracting Party, meaning that information shall 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 any 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 of the other Party;
(b) goods known to be the subject of illegal trade;
(c) means of transport and containers known or suspected to be used in breach of the customs legislation in force 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 identified and prepared, which are the subject or might be the subject of an offence against the applicable customs legislation 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 other Contracting Party has lapsed.
The documents referred to in this Agreement may be provided by electronic means for that purpose in whatever form. At the same time, all relevant information for the interpretation or use of these materials should be provided.
Supervision of persons, goods and means of transport
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) by movement, in particular by entry into and exit from their territory, of persons known or suspected of committing offences against the applicable customs legislation of the other Party;
(b) means of transport and containers known or suspected to have been or are being used to commit offences against the applicable customs legislation of the other Contracting Party;
(c) the movement of goods by which, according to the notification of the customs authority of the other Contracting Party, actual illegal trade could arise in the territory of its State or where such suspicion exists.
Observed consignment
1. Where the essential principles of the relevant national legislation so permit, the Contracting Parties shall, as far as possible, take the necessary measures to enable them to make appropriate use of the consignment under surveillance at international level, on the basis of mutually agreed agreements or arrangements to establish the identity of persons involved in the illicit trafficking of narcotic drugs and psychotropic substances and to take legal action against them.
2. Decisions on the use of the monitored consignment shall be taken on a case-by-case basis. In doing so, the financial arrangements and agreements reached may be taken into account if necessary and implemented in accordance with national law.
3. Illegal consignments the monitoring of which is agreed may be detained by common agreement of the competent authorities and consignments of narcotic drugs and psychotropic substances may be allowed to continue in intact form or may be partially or completely exchanged or moved.
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 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 law of the requested Contracting Party. The requested customs authority shall act as if it acted on its behalf.
3. The requested customs authority may allow officials of the requesting Contracting Party to be present in such an investigation.
Experts and witnesses
Where the courts or authorities of one Contracting Party so request in connection with offences against 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 bodies. These officials shall give evidence of the facts found in the performance of their duties. This requirement to participate in the proceedings must clearly specify the case and the role that the official is to take.
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. These provisions do not concern information, documents and other delicacies related to 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 in accordance with the applicable legislation of the Contracting Party which has adopted them.
3. Paragraph 1 shall not prevent the use of information in any judicial or administrative proceedings subsequently conducted on grounds of the impossibility of the application of customs legislation.
4. The customs authorities of the Contracting Parties may use as evidence information and documents obtained in accordance with the objective and to the extent of this Agreement:
(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 court and the importance assigned to them shall be determined in accordance with national law.
Service or notification
The requested customs authority shall, in accordance with its applicable law, deliver or notify on request to natural persons residing or having their registered office in the territory of the requested Contracting Party all documents and notifications of the decision to the extent of this Agreement issued by the requesting Contracting Party.
Cooperation in the performance of claims
1. The requested customs authority shall, upon request, take all steps to apply the customs duties. Such claims shall also include taxes, levies, fees and interest levied and collected by the customs authorities in accordance with customs legislation.
2. The provisions of paragraph 1 shall apply only to customs claims exceeding the minimum amount fixed in accordance with Article 18 (1) which are enforceable by the requesting Contracting Party.
3. The application for entitlement shall be accompanied by an official document or a certified copy thereof enabling its recovery and translation in accordance with Article 15 (3).
4. An official instrument enabling the recovery of claims, if appropriate and in accordance with the applicable law of the requested Contracting Party, shall be adopted, recognised, supplemented or replaced by an official instrument authorising its recovery in the territory of that Contracting Party.
5. Questions concerning the period beyond which the claim cannot be enforced shall be governed by the applicable law of the requested Contracting Party.
6. The claims to be enforced shall not be granted preferential treatment by the requested Contracting Party.
7. A competitive action against debtors claiming entitlement may be brought if the requesting and requested customs authorities so agree. The costs resulting from the bankruptcy proceedings shall be borne by the requesting customs authority.
8. The requested customs authority may authorise a deferral of payment or payment in instalments, but shall first inform the requesting customs authority.
9. Proceedings relating to the existence or amount of a claim or official instrument permitting recovery may only be brought before the competent authority of the requesting Contracting Party.
10. Entitlements shall be enforced in the currency of the requested Contracting Party at the official rate of the date on which the request was accepted.
11. The amounts obtained shall be referred to the requesting customs authority after deduction of the fees and charges prescribed in accordance with the applicable legislation of the requested Contracting Party.
Form and content of the request for cooperation
1. Requests under this Agreement shall be made in writing. The documents necessary for the completion of such an application must be annexed to this 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 customs authority submitting the application;
(b) the measure required;
(c) the subject matter and the reason for the request;
(d) laws, regulations, rules and other legal standards;
(e) the most precise and detailed data on natural or legal persons who are the object of the investigation;
(f) an overview of the relevant facts, if not the cases referred to in Article 13.
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 the obligation to provide assistance
1. Where the requested customs authority concludes that the requested cooperation could infringe the sovereignty, public policy, security or fundamental interests of the requested Contracting Party, or cause an infringement of the industrial, commercial or professional secrecy of that Contracting Party, it may refuse to provide such cooperation, to provide it in part or to provide it only if certain conditions or requirements are met.
2. Where a request for cooperation cannot be accepted, the requesting customs authority shall be informed without delay and informed of the reasons for the refusal to provide cooperation.
3. Where a customs authority of one Contracting Party requests cooperation 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 waive any claim for reimbursement of the costs incurred in the implementation of this Agreement, with the exception of expert, witness, interpreter and translator expenses as referred to in Article 14 of this Agreement.
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 arrange for their investigating authorities to be in direct contact with each other.
Territorial application
This Agreement shall apply on the territory of both 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 entry into force 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.
To prove the signature, fully empowered to do so, they signed this agreement.
Danded in Stockholm on 24 March 1995 in two originals, in English.
For the Government
Czech Republic:
Václav Frýbert v. r.
Exceptional and authorised
Ambassador of the Czech Republic to the Kingdom of Sweden
For the Government
Kingdom of Sweden:
Stanislaw Patek v. r.
Exceptional and authorised
Ambassador
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 249 / 1996 Coll., on the negotiation of the Agreement between the Government of the Czech Republic and the Government of the Kingdom of Sweden on mutual cooperation in customs matters |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.09.1996 |
|---|---|
| Effective from | 10.09.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0