Decree No. 79 / 1958 Coll.
Declaration on the Agreement between the Government of the Czechoslovak Republic and the Government of the People's Republic of Hungary on Cooperation and Mutual Assistance in Customs
Valid
Effective from 22.09.1958
79
Decree of the Minister for Foreign Affairs
of 18 October 1958
on the Agreement between the Government of the Czechoslovak Republic and the Government of the People's Republic of Hungary on cooperation and mutual assistance in customs matters
A Cooperation Agreement and Mutual Assistance in Customs was negotiated between the Government of the Czechoslovak Republic and the Government of the Hungarian People's Republic on 8 May 1958.
The Government of the Czechoslovak Republic approved the Agreement on 11 August 1958.
Pursuant to Article 19 of the Agreement, a note of its approval entered into force 30 days after the exchange on 22 September 1958.
The Czech version of the Agreement is published in the Annex to the Collection of Laws. *)
David v. r.
AGREEMENT
BETWEEN THE GOVERNMENT OF THE CZECH REPUBLIC AND THE GOVERNMENT OF THE HUNGARY PEOPLE'S REPUBLIC ON COOPERATION AND INTERESTED AID IN THE FIELD OF CUSTOMS
The Government of the Czechoslovak Republic and the Government of the People's Republic of Hungary, wishing that a lasting friendship between the two people's democratic states would be strengthened and deepened by the cooperation of customs authorities, decided to conclude an agreement on cooperation and mutual assistance in customs.
To that end, they appointed their agents:
Government of the Czechoslovak Republic
Stanislav Saura,
Government of the People's Republic of Hungary
Ernö Szemelku,
Those who exchanged their powers of attorney, whom they found in good and proper form, have agreed:
The customs authorities of the Contracting Parties shall, in order to protect the common interests, carry out checks on goods, tender, person and baggage, transported from the territory of one Contracting Party to the territory of the other Contracting Party to prevent the transfer of goods and tender which is contrary to the legislation of the Contracting Parties.
In order to improve the effectiveness of this control, both Contracting Parties will assist each other in its implementation.
1. The customs administrations of the Contracting Parties shall ensure that their authorities which operate at the common national borders adopt the necessary legislation of the other Contracting Party to such an extent that they can provide the assistance referred to in Article 1.
2. The customs administrations of the Contracting Parties shall exchange all laws, regulations and administrative provisions which their authorities and their official regulations control on matters covered by this Agreement and shall in future notify each other immediately of any amendments thereto.
1. The transfer of goods, tender and persons across common national borders may only be effected through customs routes provided by mutual agreement of the Contracting Parties.
2. The customs administrations of the Contracting Parties shall, by common accord, determine the customs office hours on customs routes referred to in the preceding paragraph.
Goods crossing common national borders and subject to customs control shall be accompanied by prescribed international documents and customs clearance documents.
Intermediate goods, crossing common borders, are normally subject to an external customs inspection only if, for reasons of safety, health, veterinary and phytoquarantine, or for other important reasons, internal customs inspections are not needed.
1. The customs authorities of the Contracting Parties shall mutually recognise the customs conclusions given by the customs authorities of the other Contracting Party, unless the control measures themselves require their removal.
The customs authorities of the Contracting Parties shall recognise each other's attestations, stamps and seals.
2. The customs authorities of the Contracting Parties shall recognise each other's official marks indicating their content, capacity, weight or other particulars on means of transport and transport.
1. The means of transport, goods or tender subject to customs control shall be dealt with by the customs authorities only if it has been dealt with on exit by the customs authorities of the other Contracting Party.
2. Where the customs authorities of one Contracting Party find that the means of transport, goods or tender applied to them for customs treatment have not been dealt with on exit from the territory of the other Contracting Party, they shall be detained and informed by the customs authorities of the other Contracting Party. They shall then dispose of the means of transport, the goods or the tender as they propose.
1. Where the customs authorities of one Contracting Party refuse to discuss the goods because the necessary documents have not been presented or for other important reasons, they shall state the reason for the refusal on the transport document and, at the request of the customs authorities of the other Contracting Party, issue a specific certificate thereof.
2. The customs authorities of one Contracting Party shall, at the request of the customs authorities of the other Contracting Party, certify that the goods have returned to their territory.
1. Customs administrations of the Contracting Parties shall agree on measures to accelerate the circulation of means of transport and promote international tourism in contact. In particular, they may, after prior agreement of the competent authorities, carry out checks on persons, goods, tender and means of transport also during the journey to the territory of the other Contracting Party.
2. Customs administrations of the Contracting Parties shall agree on uniform bilingual forms.
The Contracting Parties agree that their customs administrations shall establish, where necessary for transport reasons and where possible, common customs services in the territory of one of the Contracting Parties.
1. The customs administrations of the Contracting Parties shall agree in a special arrangement on measures to simplify and accelerate customs control of tourist, sports and recreational mass tours organised by the relevant organizations of the Contracting Parties.
2. Customs administrations of the Contracting Parties shall also agree in a special arrangement on other customs and foreign exchange measures relating to border traffic.
1. Customs administrations of the Contracting Parties shall assist each other in countering activities which violate customs and foreign exchange regulations.
2. The assistance shall cover the questioning of suspects, witnesses and experts, the transmission of files, documents and other acts.
3. In providing assistance, the Customs Administration of the Contracting Parties shall proceed according to the laws of their State.
4. If the request cannot be dealt with, the requested customs authority shall notify the obstacle which prevented it.
Assistance within the scope of this Agreement may be refused if the defendant is a State citizen of the Contracting Party who has been requested for assistance and is present in its territory.
1. Goods or tender which have been transported by hand from the territory of one Contracting Party to the territory of the other Contracting Party shall be loaded in accordance with the provisions of the Contracting Party in whose territory the smuggled articles are located.
2. Goods or tender handled in accordance with the provisions of the preceding paragraph shall, at the request of the competent authorities of the other Contracting Party, be returned after the criminal or customs procedure has been completed if such goods or tender has been committed in the territory of the other Contracting Party against property.
1. The customs administrations of the Contracting Parties shall, upon completion of the procedure, notify each other of cases of breaches of customs and foreign exchange regulations involving nationals or permanent residents of the other Contracting Party.
2. Customs administrations of the Contracting Parties will exchange experience and learn about the evidence of prosecution of customs and foreign exchange offences.
When providing assistance under this Agreement, the Contracting Parties shall not be liable for compensation for expenses incurred within their territory.
1. Customs administrations of the Contracting Parties shall act directly on matters relating to cooperation and mutual assistance under this Agreement.
2. Customs administrations of the Contracting Parties will hold consultations as necessary to exchange experience gained in the implementation of this Agreement in order to ensure that the customs authorities of the two Contracting Parties cooperate more closely.
1. The Contracting Parties shall use their own language in the written procedure resulting from this Agreement.
2. All documents sent shall be stamped and signed.
This Agreement requires approval under the constitutional provisions of the Contracting Parties and enters into force 30 days after the exchange of notes on such approval.
This Agreement shall be concluded for a period of five years. It shall be extended by another five years, unless one year before the expiry of the five-year period currently in force, one of the Contracting Parties, is terminated.
Done at Budapest, 8 May 1958, in duplicate, each in the Czech and Hungarian languages, the two texts being equally authentic.
For the Government
Czech Republic
Saur v. r.
For the Government
Republic of Hungary
Szemelka v. r.
FINAL PROTOCOL
to the Agreement between the Government of the Czechoslovak Republic and the Government of the People's Republic of Hungary on cooperation and mutual assistance in customs matters
The Contracting Parties agree on the interpretation and implementation of certain provisions of the Agreement on the following:
On Article 1:
The term "tender 'means only valid legal tender of the Contracting Parties within the meaning of this Agreement.
For Article 2:
1. The rules to be exchanged shall also include commercial policy rules on the treatment of import, export and transit goods, prohibitions and restrictions on imports, exports and transit, as well as rules on the punishment of customs and foreign exchange offences.
2. The laws and regulations of the Contracting Parties shall be sent to each other by the customs administrations of the Contracting Parties within three months of the entry into force of this Agreement. Amendments and additions to these provisions shall also be sent to the Customs Administration of the Contracting Parties within a month of their entry into force in 10 specimens.
3. The Customs Administration of the Contracting Parties shall agree on the way in which the other Contracting Party has been trained on the legal and service provisions.
On Article 3:
The list of customs routes leading, no., across the common national borders of the Contracting Parties is annexed to this Final Protocol.
On Article 4:
Customs The Contracting Parties shall communicate their wishes to each other on the issue of documents accompanying the goods and shall inform interested foreign trade undertakings accordingly. The customs authorities of the Contracting Parties shall check compliance with these requirements; where the prescribed information is not provided on those documents, they shall require foreign trade undertakings to complete the missing data without delay.
On Article 6:
1. The customs administrations of the Contracting Parties shall exchange with each other within three months of the entry into force of this Agreement three pieces of the customs conclusions and of the stamps and seals used by the customs authorities at the common national borders.
2. Within the same period and in equal numbers, the opposite customs authorities of the Contracting Parties shall directly exchange seals and stamp and seal marks at the common national borders.
3. Any changes made shall be notified immediately.
Article 7:
The provisions of this Article on tender relate only to the tender of the other Contracting Party imported by State citizens or permanent residents of one or the other Contracting Party.
On Article 9:
Customs administrations of the Contracting Parties shall, within six months of the entry into force of this Agreement, send themselves proposals for uniform bilingual customs forms.
For Article 11:
The arrangements referred to in this Article shall be concluded within six months of the entry into force of this Agreement.
Article 12:
This Agreement is without prejudice to the provisions of the Treaty between the Czechoslovak Republic and the People's Republic of Hungary on Legal Assistance in Civil and Criminal Matters of 6 March 1951.
Article 15:
In accordance with paragraph 1 of this Article, cases shall be reported where the value of the goods or the value of the tender is higher than 500 CZK or 600 Ft.
On Article 17:
1. The Customs Administration of the Contracting Parties may send correspondence and, where appropriate, other material through their customs authorities in Komárno and Komárom in order to speed up their written contact.
2. The meetings of the representatives of the customs administrations referred to in paragraph 2 of this Article shall be held as necessary and at least once a year, alternately in the territory of the Contracting Parties. Experts from the Contracting Parties' customs administrations may meet for the purpose of dealing with partial questions outside these meetings. The customs authorities of the Contracting Parties may also hold consultations at common national borders as necessary.
Article 18:
The Customs Administration of the Contracting Parties shall, on mutual correspondence, attach an unverified Russian or German translation.
Article 19:
This Final Protocol shall be an integral part of the Agreement.
For the Government
Czech Republic:
Saur v. r.
For the Government
The Republic of Hungary:
Szemelka v. r.
Příloha č. 1
Annex No 1
LIST
customs roads at the Czechoslovak-Hungarian state border, which are the number used
| Celní cesta | Druh celní cesty a druh styku |
|---|---|
| Rusovce-Rajka | silnice: dálkový a pohraniční styk |
| železnice: přeprava nákladů | |
| Medveďov-Medve | silnice: pohraniční styk |
| Komárno-Komárom | silnice: dálkový a pohraniční styk |
| železnice: dálkový a pohraniční styk a přeprava nákladů | |
| Štúrovo-Szob | železnice: dálkový a pohraniční styk a přeprava nákladů |
| Šahy-Parasapuszta | silnice: pohraniční styk |
| Slovenské Ďarmoty- Balassagyarmat | silnice: dálkový a pohraniční styk |
| Kalonda-Ipolytarnóc | silnice: pohraniční styk |
| železnice: peážní doprava nákladů | |
| Fiľakovo-Somosköujfalu | železnice: dálkový a pohraniční styk a přeprava nákladů |
| Lenartovce-Bánréve | silnice: pohraniční styk |
| železnice: přeprava nákladů | |
| Hostovce-Tornanádaska*) | silnice: pohraniční styk |
| Milhosť-Hidasnémeti | silnice: dálkový a pohraniční styk |
| Čaňa-Hidasnémeti | železnice: dálkový a pohraniční styk a přeprava nákladů |
| Slovenské Nové Mesto-Sátoraljaujhely | silnice: dálkový a pohraniční styk |
| železnice: přeprava nákladů |
On page 93.
*) Not from the Czechoslovak side by customs.
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Regulation Information
| Citation | Decree No. 79 / 1958 Coll., on the Agreement between the Government of the Czechoslovak Republic and the Government of the People's Republic of Hungary on Cooperation and Mutual Assistance in Customs |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.12.1958 |
|---|---|
| Effective from | 22.09.1958 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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