Communication from the Ministry of Foreign Affairs No. 299 / 1999 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 Norway on mutual assistance in customs matters
Valid
International Treaty
Effective from 08.11.1999
Text versions:
01.12.1999
299
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs states that on 22 April 1999 the Agreement between the Government of the Czech Republic and the Government of the Kingdom of Norway on mutual assistance in customs matters was signed in Oslo.
The Agreement entered into force on 8 November 1999 pursuant to Article 21 (2) 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 Norway on mutual assistance in customs matters
The Government of the Czech Republic and the Government of the Kingdom of Norway (hereinafter referred to as the "Contracting Parties'),
taking into account that the offences against customs legislation adversely affect the economic, financial, social and commercial interests of their States;
taking into account the importance of ensuring accurate measurement and collection of customs duties, taxes, charges and other charges levied on imports or exports of goods, as well as the corresponding application of the provisions on prohibitions and restrictions and on control;
convinced that efforts to prevent offences against customs legislation could be made more effectively by the mutual cooperation of their customs authorities;
Having regard to existing friendly relations between the Czech Republic and the Kingdom of Norway;
be guided by the desire to increase and complement existing mutual cooperation between the two Parties;
respecting international instruments supporting bilateral mutual assistance and in particular the Council's recommendation on mutual administrative assistance of 5 December 1953;
respecting also the provisions of the 1988 United Nations Convention against Illicit Trade in Narcotic Drugs and Psychotropic Substances;
agree as follows:
Definitions
For the purposes of this Agreement:
(a) "Customs legislation" shall mean the provisions contained in the law or regulations relating to the import, export or transit of goods, any provisions relating to the measurement of duties or to measures relating to prohibitions, restrictions or controls.
(b) "Customs Authority" in the Czech Republic Ministry of Finance - Directorate-General for Customs and the Kingdom of Norway Directorate of Customs and Consumer Taxation (Toll-og avgiftsdirectoratet).
(c) "Dealer" shall mean any breach of customs legislation, as well as any attempt to breach it.
(d) "customs duties" means all customs duties, taxes and excise duties, fees or levies levied in connection with the application of customs legislation.
(e) "Requesting Customs Authority" means the competent customs authority of a Contracting Party requesting assistance in customs matters.
(f) "Requested Customs Authority" means the competent customs authority of a Contracting Party which has received a request for assistance in customs matters.
Scope of the Agreement
1. The Contracting Parties shall, through their customs authorities, assist each other in accordance with their national legislation and the provisions of this Agreement:
(a) to ensure the correct application of customs legislation, in particular by preventing, investigating and detecting infringements of customs legislation;
(b) in order to accurately measure customs duties and apply customs legislation on the basis of mutual information exchange;
(c) in cases of service of documents or of notification of decisions concerning the application of customs legislation.
2. Assistance under this Agreement shall be provided in accordance with the applicable legislation of the State of the requested Contracting Party and within the scope, competence and possibilities of the requested customs authority. Where necessary, the customs authority may request cooperation from another competent authority in accordance with applicable national law.
Mutual assistance
1. The assistance will be provided directly between the Ministry of Finance - the Directorate-General for Customs in the Czech Republic and the Directorate for Customs and Excise Duties in the Kingdom of Norway.
2. The customs authorities shall, on their own initiative or upon request, provide each other with all relevant information relating to activities which may lead to offences in the territory of the State of the other Contracting Party.
The customs authorities shall provide each other, on request, with all information enabling the accuracy of:
(a) the collection of customs duties and the precise determination of the customs value of the goods and their classification;
(b) the application of import and export prohibitions and restrictions;
(c) in determining the means of transport on the basis of transport documents indicating the value, nature and destination of the goods.
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 all 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 Contracting Party;
(b) new methods and means used in the breach of customs legislation;
(c) goods or movements of goods known to be the subject of an infringement of customs legislation;
(d) means of transport and containers for which there is reason to believe that they have been or could have been used in breach of customs legislation.
The customs authorities shall provide each other with any information as to whether:
(a) goods imported into the customs territory of one Contracting Party have been exported from the customs territory of the other Contracting Party in accordance with the customs legislation;
(b) goods exported from the customs territory of one Contracting Party have been imported into the customs territory of the other Contracting Party in accordance with the customs legislation and under which customs procedure they may have been placed.
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 the results of the investigations, reports, records of records or certified copies of documents containing all available information on the activities, both identified and prepared, which are or may be the subject of an offence against the customs legislation in force in the territory of the State of that Contracting Party.
2. If the requested customs authority does not have the required information, it shall endeavour to obtain it in accordance with national law.
3. Original records and documents shall only be required where certified copies would be insufficient. The originals that have been handed over will be returned at the earliest opportunity.
4. Information under this Agreement may be provided by electronic means in any form whatsoever for the same purpose. At the same time, all relevant data for the interpretation or use of this information will be provided.
Supervision
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, supervise:
(a) the movement of persons known or suspected of committing offences against the provisions in force in the territory of the State of the other Contracting Party;
(b) means of transport and containers known or suspected to have been or are being used for breach of customs legislation;
(c) the movement of goods known to be the subject of or suspected to be in breach of customs legislation.
Investigation
1. At the request of the requesting customs authority, the requested customs authority shall initiate an official investigation concerning activities which are or may be contrary to the applicable customs legislation in the territory of the requesting Contracting Party. The results of such investigations shall be communicated to the requesting customs authority.
2. The requested customs authority may, upon special request, authorise officials of the requesting Contracting Party to be present in such an investigation.
3. Where representatives of the customs authority of one of the Contracting Parties are present under this Agreement in the territory of the State of the other Contracting Party, they shall at any time be able to provide proof of their official authorisation. He must not be in uniform or carry weapons.
Observed consignment
1. "Observed consignment" means illegal or suspected consignments of narcotic drugs or psychotropic substances or substances which replace them, which may move from, through or within the territory of the States of the Contracting Parties, with the knowledge and supervision of their competent authorities to identify persons involved in the illicit transport of narcotic drugs or psychotropic substances.
2. The customs authorities may, on the basis of a mutual agreement and within the limits of their powers laid down by national law, use the consignment under surveillance to establish the identity of the persons involved in the offence. Where the decision on the use of the monitored consignment is not within the competence of the customs authority, that authority shall seek the assistance of the national authorities with such competence or transmit the case to that authority.
3. With the agreement of the competent authorities, illegal consignments for which the use of the supervised consignment is agreed may be detained and subsequently retained to continue with the illegal goods in their unaltered state or to be removed or replaced in full or in part.
4. Decisions on the use of the monitored consignment shall be taken on a case-by-case basis and may, if necessary, take into account financial measures and arrangements between the competent national authorities.
Service and notification
At the request of the applicant customs authority, the requested customs authority shall take all necessary steps, in accordance with the applicable national law, in order to deliver all documents or to notify any decision within the scope of this Agreement to natural persons residing or having legal personality in the territory of the State of the requested Contracting Party.
Form and content of the request for cooperation
1. Requests under this Agreement shall be made in writing. The information or documents necessary to fulfil such an application shall be annexed to the application. Oral applications may also be accepted where necessary, given the urgency of the situation, which must be immediately confirmed in writing.
2. Applications submitted pursuant to paragraph 1 of this Article shall contain the following particulars:
(a) the requesting customs authority;
(b) the measure required;
(c) the subject matter and the reason for the request;
(d) a brief description of the offences, the relevant legislation and other legal standards;
(e) the most accurate and detailed information on the natural or legal persons under investigation;
(f) an overview of the relevant facts and investigations already carried out, if not the cases referred to in Article 11.
3. The application shall be made in English or in another language acceptable to both customs authorities. The information, documents and other communications between the customs authorities shall be transmitted in the original language and 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; However, this must not delay measures which must be taken immediately.
Obligation to maintain confidentiality
1. The information obtained shall be used only for the purposes of this Agreement and may be used for other purposes only on the express written consent of the customs authority which provided the information.
2. Any information communicated in any form under this Agreement shall be of a confidential or secret nature. They shall be the subject of professional secrecy and shall be protected as the same type of information under the applicable national law in the territory of the State of the Contracting Party which received them.
3. The customs authorities may, in accordance with the objective and within the scope of this Agreement, use as evidence the information and documents obtained in their records, reports and testimonies and in proceedings and actions before courts.
Protection of personal data
1. "Personal data" means any information relating to a particular person or person whose identity may be identified.
2. In accordance with the national law of the Contracting Parties, the protection of personal data shall be subject to the following conditions:
(a) the personal data obtained shall be used only for the purposes and under conditions laid down by the requested customs authority. The requested customs authority may impose additional restrictions on the use of personal data where the intended use would jeopardise the protection of the personal data of the person concerned or in any other way be contrary to the legislation in force in the State of the requested Contracting Party;
(b) personal data shall not be transmitted as soon as there is reasonable grounds to believe that the transmission or use of the data would be contrary to the fundamental legal principles of one of the Contracting Parties and, in particular, if the person concerned would suffer disproportionate damage. At the request of the customs authority providing the personal data, the customs authority receiving the personal data shall inform the supplying customs authority of the use made of the information and of the results obtained;
(c) personal data may be transferred only to the customs authorities and other administrative authorities and, if necessary, to the prosecutions, to prosecutors and judicial authorities. Such information shall not be communicated to persons other than those to be used for that purpose. They shall be communicated to other persons only if the granting authority expressly agrees and the legislation binding on the receiving authority permits such information;
(d) the requested customs authority must ensure that the personal data to be transmitted are valid and correct. Where the requested customs authority finds that incorrect data or data which, by reason of their nature, should not have been transmitted have been transmitted, it shall immediately inform the recipients of such data. The recipient shall ensure that the information is corrected or, where necessary, destroy, erase or return such personal data;
(e) incorrect or incomplete data or non-relevant data shall be corrected or erased on the customs authority's own initiative or on request;
(f) personal data shall be kept in an approved register and effectively protected against disclosure, alteration, destruction, damage and unauthorised access;
(g) personal data shall be erased if there is no need for their use.
Experts and witnesses
1. The customs authorities may, on request, authorise their officials to act as witnesses or experts in judicial or administrative proceedings in respect of matters governed by this Agreement which are within the scope of those customs authorities and to provide such evidence, items, documents or certified copies of them as may be necessary for the proceedings. The requirement to participate in the proceedings must clearly specify the case and the role that the official is to take.
2. An official who is to appear as a witness or expert shall have the right to refuse to provide evidence or statement if he is empowered or obliged to do so under the laws of his State or the laws of the requesting Contracting Party.
Exemptions from the obligation to provide assistance
1. If the requested cooperation could undermine the sovereignty, public policy, security or other essential interests of the requested Contracting Party or breach of state, industrial, commercial or professional secrecy, assistance may be refused, partially granted or granted subject to compliance with certain conditions or requirements.
2. If the request for assistance cannot be granted, the requesting customs authority shall be informed thereof without delay and informed of the reasons for the refusal.
3. Where the customs authority of one Contracting Party requests assistance 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 not claim reimbursement of costs incurred by the implementation of this Agreement, with the exception of expenditure on experts and witnesses pursuant to Article 15 of this Agreement and interpreters and translators who are not civil servants.
Territorial application
The provisions of this Agreement shall apply to the customs territories of the States of the Contracting Parties.
The customs authorities of the Contracting Parties shall be responsible for implementing this Agreement. To this end, the customs authorities may agree on the practical arrangements and arrangements necessary for the implementation of this Agreement.
At the request of one of the customs authorities of the Contracting Parties, the customs authorities shall meet to examine this Agreement or to discuss the customs issues which may result from the implementation of this Agreement. The Contracting Parties may amend or supplement this Agreement by mutual agreement.
Entry into force and duration
1. The Contracting Parties shall inform each other by diplomatic means that all the requirements of national law for the entry into force of this Agreement have been fulfilled.
2. This Agreement shall enter into force 60 days after receipt of the last notification.
3. Each Contracting Party may terminate this Agreement at any time by means of a diplomatic notification in writing. The Agreement shall expire six months after receipt of such notification by the other Party.
To prove the signature, duly empowered to do so, they signed this agreement.
Done at Oslo, 22 April 1999 in two original copies in English.
For the Government of the Czech Republic:
JUDr. Miroslav Kárník v. r.
Director-General of Directorate-General for Customs
For the Government of the Kingdom of Norway:
Frida Nokken v. r.
Director-General Customs Administration
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 299 / 1999 Coll., on the negotiation of the Agreement between the Government of the Czech Republic and the Government of the Kingdom of Norway on mutual assistance in customs matters |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.12.1999 |
|---|---|
| Effective from | 08.11.1999 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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