Communication from the Ministry of Foreign Affairs No. 275 / 1996 Coll.
Communication from the Ministry of Foreign Affairs on the Treaty between the Czech Republic and the Federal Republic of Germany on mutual assistance to customs administrations
Valid
International Treaty
Effective from 11.10.1996
Text versions:
01.11.1996
275
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs announces that on 19 May 1995 a Treaty was signed in Furth im Wald between the Czech Republic and the Federal Republic of Germany on mutual assistance of customs administrations.
The Parliament of the Czech Republic gave its assent to the Treaty and the President of the Republic ratified it.
The Treaty entered into force on 11 October 1996 pursuant to Article 17 (1) thereof.
The Czech version of the Treaty is hereby published at the same time.
TREATY
between the Czech Republic and the Federal Republic of Germany on mutual assistance between customs administrations
the Czech Republic and the Federal Republic of Germany,
pursuant to the Treaty of 27 February 1992 between the Czech and Slovak Federal Republic and the Federal Republic of Germany on good neighbourhood and friendly cooperation,
led by the intention to develop and consolidate neighbourhood relations and through close cooperation in customs matters,
in an effort to facilitate and accelerate travel and travel across national borders by cooperating both customs administrations,
be guided by the consideration that the violation of customs legislation is detrimental to economic and financial interests; and
Believing that compliance with customs legislation and the fight against breaches of customs legislation can be more successfully developed by mutual cooperation between customs administrations,
agree as follows:
Scope of application
(1) The customs administrations of the two Contracting Parties shall, within their respective fields of competence under national law, grant each other support under this Treaty with a view to:
(a) facilitate and accelerate travel and godly travel across national borders by means of cooperation;
(b) ensure accurate collection of customs duties, taxes and other import and export levies;
(c) prevent, detect and combat breaches of customs legislation.
(2) Cooperation in the framework of legal assistance as well as on the basis of other contractual obligations remains unaffected by this Treaty.
Definition of terms
(1) "Customs legislation" within the meaning of this Treaty means all laws, regulations and administrative provisions relating to the import, export and transit of goods relating to customs duties, taxes or other import and export levies, refunds or prohibitions, restrictions and checks on trade in goods across national borders.
(2) "Customs administrations" means, within the meaning of this Treaty, the Ministry of Finance - Directorate-General for Customs and in the Federal Republic of Germany the Federal Customs Administration.
(3) "Infringement of customs legislation" within the meaning of this Treaty means both infringement of customs legislation and attempted infringement of customs legislation.
(4) "Narcotic substances" are, within the meaning of this Treaty, substances covered by the Single Convention on Narcotic Drugs, signed in New York on 30 March 1961, always in the relevant version.
(5) "Psychotropic substances" are, within the meaning of this Treaty, substances covered by the Convention on Psychotropic Substances, signed at Vienna on 21 February 1971, always in the relevant version.
Facilitating customs formalities
The customs administrations of the Contracting Parties shall cooperate in accordance with the provisions of this Treaty and shall, by mutual agreement, take the necessary measures to simplify customs formalities in order to facilitate and accelerate travel and travel between the two Parties. The European Union's competitiveness remains unaffected.
Provision of confirmation, exchange of experience
(1) The customs administrations of the Contracting Parties shall, upon request, provide each other with all attestations proving that goods exported from the territory of one Contracting Party have been duly imported into the territory of the other Contracting Party; where necessary, the method and particulars of the customs procedure under which the goods were discussed shall be indicated in the certificates.
(2) The customs administrations of the Contracting Parties shall, upon request, provide each other with information as to whether the documents and documents presented to the customs authorities are authentic and in substance.
(3) Customs administrations of the Contracting Parties
(a) exchange experience of their activities as well as new means and methods of infringement;
(b) inform each other of substantial changes to their customs legislation and of the use of technical means by their customs administrations and discuss other issues of mutual interest.
Stealing with narcotic drugs and psychotropic substances
(1) The customs administrations of the Contracting Parties, in order to intensify the prevention, detection and combating of cases of smuggling and trafficking in narcotic drugs and psychotropic substances, shall provide each other with all information as soon as possible without any request.
(a) persons known or suspected to be involved in the smuggling of narcotic drugs and psychotropic substances;
(b) means of land, water and air transport known or suspected to be used for the smuggling of narcotic drugs and psychotropic substances.
(2) The customs administrations of the Contracting Parties shall provide each other with all information concerning methods of smuggling and practices used in the illicit trade in narcotic drugs and psychotropic substances, as well as the success of new control methods.
(3) Information, communications and documents obtained pursuant to paragraphs 1 and 2 shall be transmitted, where necessary, to other law enforcement authorities dealing with the fight against narcotics and the illicit trafficking of narcotic drugs and psychotropic substances.
Provision of information
(1) The customs administrations of the Contracting Parties shall provide each other with all available information on:
(a) the circumstances in order to ensure that customs duties, taxes and other import and export levies are collected accurately and that customs legislation is complied with;
(b) completed or intended acts in breach of customs legislation or in breach of customs legislation of the requesting Contracting Party.
(2) The customs administrations of the Contracting Parties shall provide each other, without any invitation, with all information as soon as possible on infringements of customs legislation which have a particular public interest in combating them.
Service or notification of documents
(1) At the request of the customs administration of one Contracting Party, the customs administration of the other Contracting Party shall, in compliance with the laws in force, notify the consignee of all decisions and other documents of the applicant customs authorities concerning the application of the customs legislation.
(2) Where an application for service or notification of a decision or other documents is made, it is not necessary, contrary to Article 9, to state the facts.
(3) The service or notification of a decision or of other documents shall be confirmed by a acknowledgement of receipt by the consignee, indicating the date of notification or confirmation by the requested authority of the form and date of receipt or notification.
Investigation
(1) At the request of the customs administration of one Contracting Party, the customs administration of the other Contracting Party shall review, investigate or investigate in accordance with the procedures referred to in Article 1 (b) and (c).
(2) The outcome of the examination, detection and investigation is communicated to the requesting customs authority pursuant to Article 6 (1).
Form and content of the request
(1) The request shall be made in writing, accompanied, where possible, by a translation in the official language of the requested party. The documents necessary for its implementation, including any essential regulations or decisions of the competent authority which are the basis of the request, shall be attached in the original or certified copy.
(2) The application or document referred to in paragraph 1 to be attached shall contain the following particulars:
(a) the customs office opening the procedure for the application;
(b) the type of procedure;
(c) the subject matter and the reason for the request;
(d) the names, personal data and addresses of the persons involved in the proceedings;
(e) a brief interpretation of the facts and its legal assessment.
Negotiations of the institutions and jurisdiction
(1) The assistance covered by this Treaty takes place immediately between the customs administrations of the Contracting Parties.
(2) If the requested customs administration is not competent for the requested assistance, the request shall be made to the competent authority with the agreement of the requesting customs administration.
Handling of requests
(1) The law of the requested Contracting Party shall apply when implementing support measures and handling requests. One way of providing information is to transmit copies of documents and other documents. When reviewing and investigating, the requested customs administration - without enforcement measures such as confiscation and inspections - shall proceed as if it had performed its own tasks.
(2) If the request cannot be complied with, the applicant authority should be informed thereof, stating the reasons and circumstances otherwise known, which might be relevant for the continuation of the case.
Use of information provided
The customs administrations of the Contracting Parties may use the information and documents obtained under this Treaty as evidence solely in the internal proceedings of the customs authorities, as well as in judicial proceedings, including those conducted by or under the supervision of the Public Prosecutor. The evidence value of such information and documents and their use before the courts shall be governed by national law.
Data protection
Where personal data are transmitted under this Treaty in accordance with national law, the following provisions shall apply:
1. The use of data by the consignee shall be permitted only for that purpose and under the conditions laid down by the transferring customs administration.
2. The consignee shall inform the transferring customs administration, at its request, of the use of the data transmitted and of the results obtained.
3. Personal data may be transmitted exclusively to the competent customs authorities and to the law enforcement authorities. Further transfers to other locations may take place only with the prior agreement of the transferring customs administration.
4. The transferring customs administration shall ensure the accuracy of the data to be transmitted and their necessity and proportionality in relation to the purpose of the transfer. In doing so, the prohibitions on the transmission of data laid down in the relevant national legislation should be respected. Where it is found that incorrect data or data which were not to be transmitted have been transmitted, this shall be communicated to the recipient without delay. He is obliged to repair them or destroy the data.
5. The person concerned should be provided, upon request, with information on the data available to him and the intended purpose of his use. The obligation to provide such information shall not be imposed if it is considered that the public interest in not providing such information outweighs the interest of the person concerned in its communication. Otherwise, it shall be governed by the right of the person concerned to provide information on its existing national legislation of the Contracting Party from which the information is required.
6. The transferring customs authority shall, when transmitting the data, draw attention to the time limits laid down by its legislation for the deletion of such data. Depending on these deadlines, personal data transmitted must be destroyed as soon as the reason for their need has elapsed.
7. If, as a result of the exchange of data under this Treaty, a person is harmed by an infringement, liability for damage shall be borne by the receiving Contracting Party under its national law. In relation to the injured party, it cannot be invoked that the damage was caused by the donor party.
8. The customs administrations of the Contracting Parties shall enter the transfer and receipt of personal data into the register and protect the personal data transmitted effectively against unauthorised access to them, their unauthorised changes and their unauthorised provision.
Exemptions from the obligation to provide assistance
(1) Where the requested customs authority considers that processing of a request could be detrimental to the sovereignty, security, public order or other essential interests of its State, it may refuse, in whole or in part, the assistance or bind it to compliance with certain conditions.
(2) If a request for assistance is lodged which the requesting customs authority would otherwise not have been able to provide, this should be noted in the request. The requested customs administration may consider accepting such a request.
Costs
The customs administrations of the Contracting Parties shall not charge each other any costs other than those for witnesses and experts, as well as translators and interpreters who are not civil servants.
Implementation of the Treaty
The customs administrations of the Contracting Parties shall negotiate and issue provisions implementing this Treaty. They shall also specify by mutual agreement which information referred to in Article 6 (2) is of particular urgency to the public interest.
Acquisition and period of validity, termination
(1) This Treaty shall enter into force one month after the date on which the Governments of the Contracting Parties notify each other that all the necessary national conditions for the entry into force of the Treaty have been fulfilled.
(2) This contract is for an indefinite period. The contract may be terminated by each Contracting Party in writing within 12 months.
Dane v Furth im Wald on 19 May 1995 in two original copies, each in the Czech and German languages, the two texts being equally authentic.
For the Czech Republic:
Ing. Ivan Kočárník CSc. v. r.
For the Federal Republic of Germany:
Dr Theo Waigel v. r.
Dr Hartmut Hillgenberg v. r.
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 275 / 1996 Coll., on the Agreement between the Czech Republic and the Federal Republic of Germany on Mutual Assistance to Customs Administrations |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.11.1996 |
|---|---|
| Effective from | 11.10.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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