Decree of the Minister for Foreign Affairs No. 28 / 1964 Coll.
Decree of the Minister for Foreign Affairs on the Agreement on Cooperation and Mutual Assistance in Customs Affairs
Valid
Effective from 14.08.1963
28.
DECLARATION
Minister for Foreign Affairs
of 4 January 1964
on the Agreement on cooperation and mutual assistance in customs matters
On 5 July 1962, an Agreement on cooperation and mutual assistance in customs matters was negotiated in Berlin between the Governments of the People's Republic of Bulgaria, the Czechoslovak Socialist Republic, the People's Republic of Hungary, the People's Republic of Mongolia, the German Democratic Republic, the People's Republic of Poland, the People's Republic of Romania and the Union of Soviet Socialist Republics.
Article 14 (3) of the Agreement entered into force on 8 May 1963. On that date, the Agreement was ratified by the People's Republic of Bulgaria, the German Democratic Republic and the Union of Soviet Socialist Republics. For the People's Republic of Poland the Agreement entered into force on 12 May 1963, for the People's Republic of Hungary on 9 July 1963, for the Czechoslovak Socialist Republic on 14 August 1963, for the People's Republic of Mongolia on 7 September 1963 and for the People's Republic of Romania the Agreement will enter into force on 29 January 1964.
The Czech translation of the Agreement is announced simultaneously.
David v. r.
AGREEMENT
on cooperation and mutual assistance in customs matters
The Contracting Parties, as well as through their cooperation in customs, have decided to conclude this Agreement by further developing and strengthening their friendship, and to this end have appointed, signed by their agents below, who, after presenting their full powers, found in good and proper form, have agreed as follows:
The Contracting Parties shall cooperate universally and provide each other with the necessary assistance on customs matters in order to ensure the best possible control of compliance with the customs and foreign exchange rules of the Member States of this Agreement and to introduce, as far as possible, the greatest concessions to trade in goods, travel and mail between them.
1. In order to achieve the objectives set out in this Regulation, By the Agreement, the Contracting Parties shall take all necessary measures to speed up customs controls in trade in goods, travel and mail, to improve the methods and methods of such checks, as well as to prevent illegal imports, exports and transit of means of transport, goods, baggage, mail, foreign exchange and other means of payment and foreign exchange, in order to avoid the possibility of damaging the economic or other interests of the Member States of this Agreement.
2. Each Contracting Party shall ensure that customs controls are carried out in trade in goods, travel and mail not only in the interests of its State but also in the interests of other Member States of this Agreement.
The Contracting Parties shall ensure that:
(a) means of transport, goods, baggage, mail, foreign exchange and other means of payment, and foreign exchange values carried across national borders, shall be accompanied by appropriate documents in accordance with the customs and foreign exchange rules of the Member States of this Agreement relating to trade in goods, travel and mail;
(b) means of transport, goods, baggage and mail accompanying them from the territory of one Member State of this Agreement through the territory of the other Member State of this Agreement shall, as a general rule, be subject to an external customs inspection. Where permitted by the laws of a Member State of this Agreement, for reasons of safety, hygiene or other serious reasons, their full or partial internal customs inspection may be carried out, if necessary.
The competent authorities of the Contracting Parties shall mutually recognise the customs documents used, seals, stamps and official markings on means of transport, goods and mail. They may also mutually recognise the seals and stamps of the State shipping and transport organisations on means of transport.
The competent authorities of the Contracting Parties shall, as far as possible, take measures to:
(a) facilitating the discussion of mass tourism and recreational tours as well as of sports delegations;
(b) carrying out customs controls on travel during the journey;
(c) the progressive harmonization of customs legislation, in particular as regards provisions establishing the quantity of items which may be carried by persons crossing national borders, as well as the quantity of items authorised to be sent by post;
(d) the drawing up and use of uniform customs documents and their simplification;
(e) compensation of customs concessions granted to citizens of one of the Member States of this Agreement working in the territory of the other Member State of this Agreement.
The competent authorities of the Contracting Parties concerned may, if they find it possible and effective, carry out, on the basis of an appropriate arrangement concluded between them:
(a) the common services of their customs and other supervisory authorities within the territory of one of the Member States of this Agreement, including customs control in travel by means of means of transport in the territory of a neighbouring State; the said authorities will perform their duties in the territory of the other State in accordance with the laws and regulations of their State; their activities will have the same legal consequences as in the performance of their services in the territory of their State;
(b) a unilateral customs inspection of goods, baggage and mail.
1. The customs administrations of the Member States of this Agreement shall take joint measures to prevent infringements of the customs and foreign exchange rules in force in those States.
2. To that end, customs administrations shall:
(a) inform the citizens of their States travelling abroad or sending abroad a postal consignment of the essential provisions of the customs and foreign exchange provisions of the Member State of this Agreement which they visit, the territory of which they pass through, or on whose territory they send mail; inform also of the consequences of non-compliance;
(b) notify interested customs administrations of the Member States of the information at their disposal which may assist in detecting or combating infringements of the customs and foreign exchange rules in force in those States;
(c) to assist each other in carrying out checks on the circulation of means of transport, goods, baggage, mail, foreign exchange and other means of payment and foreign exchange, as well as in combating violations of customs and foreign exchange legislation.
1. Means of transport, goods, baggage, postal consignments, foreign exchange and other means of payment and foreign exchange values illegally imported from the territory of one Member State of this Agreement into the territory of the other Member State of this Agreement shall be discussed in accordance with the legal provisions of the State in whose territory the said articles are situated. However, the customs administrations of the Member States shall transmit this Agreement to each other - if they are in their power -
(a) objects illegally imported from the territory of one Member State of this Agreement into the territory of the other Member State of this Agreement, provided that they have been obtained in the territory of the State of export as a result of criminal activity;
(b) articles having a special historical or artistic price, provided that they have been transported across the national borders of the Member States of this Agreement for violation of customs, foreign exchange and other provisions.
2. The transfer of the items referred to in paragraph 1 (a) and (b) of this Article shall only take place at the request of the interested customs administration of the Member State of this Agreement.
3. The customs administrations of the Member States of this Agreement will also:
(a) notify interested customs administrations of the Member States of cases of breaches of customs and foreign exchange provisions governing the transport of means of transport, goods, baggage, mail, foreign exchange and other means of payment and foreign exchange values across national borders by persons living in the territory of one of the Member States of this Agreement;
(b) to implement, at the request of the interested customs administrations of the Member States of this Agreement, other measures to facilitate the fight against breaches of customs and foreign exchange provisions governing the movement of means of transport, goods, baggage, mail, foreign exchange and other means of payment and foreign exchange values across national borders, provided that the legislation of the Member State of the Agreement, for which a request for the implementation of such measures has been sent to the customs administration, permits similar negotiations.
1. The customs administrations of the Member States of this Agreement shall systematically acquaint customs staff with the legal and administrative provisions of the other Member States of this Agreement, the compliance of which must be checked by the customs authorities when implementing this Agreement.
2. To this end, the customs authorities shall exchange the texts of the applicable legal provisions and regulations of service in the field of customs, as well as the applicable customs forms used in trade in goods, travel and mail.
3. The customs authorities shall communicate to each other, in due time, amendments to the legal provisions and to the administrative provisions and the customs forms referred to in paragraph 2 of this Article.
Customs administrations of the Member States of this Agreement shall systematically and as fully as possible exchange experience in writing or orally from the implementation of this Agreement.
1. The competent authorities of the Contracting Parties may, in order to achieve the objectives and principles set out in this Agreement, conclude special-issue arrangements between themselves.
2. The customs administrations of the Member States of this Agreement shall address questions relating to the implementation of this Agreement. In addressing these issues, as well as providing mutual assistance, customs administrations are in direct contact.
Customs administrations and customs authorities of the Member States of this Agreement shall provide each other with free mutual assistance.
1. Amendments or additions to this Agreement may be adopted only with the agreement of all Contracting Parties. Proposals for amendments or additions shall be notified to the depositary of the Agreement which shall be sent to all Contracting Parties within 30 days of their receipt. The Parties' views on the amendment or amendment shall be communicated to the depositary within 60 days of the date of receipt of such a proposal.
2. The amendment or amendment shall enter into force 90 days after the date on which the depositary received the last confirmation of consent to the proposed amendment or supplement.
1. This Agreement shall be subject to ratification or approval under the laws and regulations of the Member States of this Agreement.
2. The instruments of ratification or approval of this Agreement shall be deposited with the Government of the German Democratic Republic, which is the depositary of this Agreement.
3. This Agreement shall enter into force 90 days from the date on which the third instrument of ratification or approval of this Agreement is surrendered to the depositary. For each of the other Contracting Parties, this Agreement shall enter into force 90 days after the date of surrender of the instrument of ratification or approval of the Agreement to the depositary.
1. Governments of other interested States may accede to this Agreement with the agreement of all Contracting Parties. The instrument of access shall be transmitted to the depositary of this Agreement.
2. For the Government of the acceding State, the Agreement shall enter into force 90 days after the date on which the depositary receives the last confirmation of the consent of the Member States to the Access Agreement.
Each Party may terminate this Agreement by written notification to the depositary of the Agreement. The Agreement shall cease to apply for that Contracting Party for a year from the date on which the depositary received the notice of termination.
The depositary of this Agreement shall inform the Contracting Parties of the date of deposit of the instruments of ratification or confirmation of approval of this Agreement, of the date of entry into force of the Agreement for Governments of acceding States and of the entry into force of amendments and additions to this Agreement, as well as of the termination of this Agreement by any Contracting Party. The depositary shall forward to the Parties duly certified copies of this Agreement.
This Agreement has been drawn up in one copy in the German and Russian languages, the two texts being equally authentic.
The Treaty will be placed in the custody of the Government of the German Democratic Republic.
Done at Berlin, 5 July 1962.
For the Government
Republic of Bulgaria
L. Bonev v. r.
For the Government
German Democratic Republic
G. Stauch v. r.
For the Government
Republic of Mongolia
S. Cerebadam v. r.
For the Government
Republic of Poland
P. Czwojdzinski v. r.
For the Government
Republic of Romania
P. Mincuna v. r.
For the Government
The Union of Soviet Socialist Republics
A. Morozov v. r.
For the Government
Czechoslovak Socialist Republic
St. Saur v. r.
For the Government
Republic of Hungary
E. Szemelka v. r.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 28 / 1964 Coll., on the Agreement on Cooperation and Mutual Assistance in Customs Affairs |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.02.1964 |
|---|---|
| Effective from | 14.08.1963 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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