Decree of the Minister for Foreign Affairs No. 9 / 1985 Coll.
Decree of the Minister for Foreign Affairs on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of Austria on Cooperation and Mutual Assistance in Customs
Valid
Effective from 01.11.1984
9
DECLARATION
Minister for Foreign Affairs
of 28 December 1984
on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of Austria on cooperation and mutual assistance in customs matters
On 18 November 1982, the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of Austria on cooperation and mutual assistance in customs matters was signed in Vienna. The Agreement entered into force on 1 November 1984 pursuant to Article 16 thereof. This date expired the Agreement between the Ministry of Foreign Trade of the Czechoslovak Socialist Republic and the Federal Ministry of Finance of the Republic of Austria on Customs Cooperation of 17 January 1961, established by No. 116 / 1961 Coll.
The Czech version of the Agreement is hereby published at the same time.
Minister:
Ing. Chupek v. r.
AGREEMENT
between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of Austria on cooperation and mutual assistance in customs
Government of the Czechoslovak Socialist Republic and Government of the Republic of Austria
led by the wish to fully and fully implement the provisions of the Final Act of the Conference on Security and Cooperation in Europe,
in an effort to facilitate contacts and to deepen relations between the two States,
in an effort to consolidate the neighbourhood relations between the Czechoslovak Socialist Republic and the Republic of Austria,
intended to facilitate further development of cooperation between the customs administrations of both Contracting Parties through travel and trade between the common national borders,
Taking into account that it is important to ensure the correct collection of customs duties and other charges on imports or exports of goods and the more effective combating of customs offences,
they have agreed as follows:
In this Agreement:
(a) "customs legislation" means the customs legislation implemented by the Contracting Parties on the import, export and transit of goods;
(b) "customs administrations" means the central customs authorities, which are the Federal Ministry of Foreign Trade in the Czechoslovak Socialist Republic - the Central Customs Administration and the Federal Ministry of Finance in the Republic of Austria and their subordinate customs authorities;
(c) 'customs delicacies' shall mean infringements of customs legislation as well as attempted infringements.
Contracting Parties
(a) take all necessary measures to facilitate customs procedures in rail, road and water transport between the two States by working closely with their customs administrations;
(b) assist each other within the framework of this Agreement with a view to collecting customs duties and other import and export charges and combating customs offences.
Both Parties shall make every effort to minimise the duration of the customs procedure. This applies in particular to:
(a) perishable goods, live animals and other goods for which there is an urgent need for rapid transport;
(b) express goods wagons;
(c) goods carried on international express trains;
(d) passengers, particularly in bus services.
(1) Customs procedures at the common border of the two States are only carried out at border crossing points established by mutual agreement.
(2) The customs administrations of the two Contracting Parties shall, by mutual agreement, determine the working hours of customs offices at the border crossing points referred to in paragraph 1 in such a way that the periods intended for the implementation of customs procedures at opposite customs offices are identical. It shall also determine, by mutual agreement, the customs duties applicable in customs procedures.
(3) The transport of goods through the border crossing points referred to in paragraph 1 may be carried out only during customs working hours laid down in accordance with paragraph 2; this shall not apply to the carriage of goods by rail and by sea.
(1) The customs authorities of each of the two States recognise the customs seals of the other State, except where those seals need to be removed for the purpose of carrying out a customs inspection. Customs offices may also attach their own seals in addition.
(2) The same applies to the conclusion attached by the Railway Administration of the other State.
(3) The customs authorities of each of the two States recognise the official indications by which the competent authorities of the other State indicate their volume, capacity, etc.
Where goods have been transported from the territory of one State to the territory of another State for the purpose of committing a customs offence, the customs rules of the State in whose territory the goods are situated shall apply.
The customs administrations of the Contracting Parties shall exchange between themselves:
(a) experience gained in their work, in particular in the use of technical means; and
(b) professional literature, customs regulations, scientific and technical work in customs.
(1) At the request of the customs administration of one Contracting Party, the customs administration of the other Contracting Party shall carry out the investigation. This includes all the measures required under the law of the requested Contracting Party for the customs authorities' own management of customs duties and other import and export charges and for penalties for customs offences. The temporary detention or arrest of persons and any other deprivation of liberty, and the collection and recovery of customs duties, other import and export charges, fines and other amounts shall be exempt from assistance under this Agreement.
(2) The investigation shall be carried out in accordance with the law of the requested Contracting Party. A request by the requesting customs authority to proceed in a particular way may be granted unless this is contrary to the law of the requested Contracting Party.
(3) The result of the investigation shall be communicated to the requesting customs authority.
The customs administrations of the Contracting Parties shall communicate to each other, without invitation or request, as soon as possible, any information on customs delicacies which have a particular interest in combating them. This applies in particular to the transport of narcotic drugs, objects of historical, artistic, cultural or archaeological importance, as well as to goods subject to high taxation, such as alcohol and tobacco products.
The customs authorities shall communicate to each other at the request of:
(a) whether the seals, identification marks or official documents submitted to the requesting customs authority are authentic;
(b) whether goods imported from the territory of the other Contracting Party have been exported from their territory in accordance with customs legislation;
(c) whether goods exported to the territory of the other Contracting Party have been imported under its customs legislation and which customs procedure they have been subject to.
At the request of the customs administration of one Contracting Party, the customs administration of the other Contracting Party shall notify the decision, order and other documents of the requesting Contracting Party to the recipients residing in the territory of the requested Contracting Party.
(1) Information, documents and other communications obtained under this Agreement may be used only for the purposes of this Agreement. In other cases, they may be used only with the express agreement of the customs administration of the Party which provided them; This shall not apply to information, documents and other communications concerning customs offences involving narcotic substances.
(2) A Contracting Party which receives information, documents or other communications pursuant to this Agreement shall treat them in the light of official secrecy as well as information, documents and communications provided by its own authority.
(1) Assistance under this Agreement may be refused or subject to certain conditions if the requested Contracting Party considers that the provision of such assistance could undermine its sovereignty, security, public policy or other important interests, including commercial and economic interests, as well as production secrets.
(2) Where a request is made, the requesting customs authority would not have been able to comply with a request of the same type if the other Party had submitted it, the matter shall be noted in the request. In such a case, compliance with the request shall be left to the requested customs administration.
(3) If the request cannot be granted in whole or in part, the requesting customs administration shall be informed immediately.
(1) Customs administrations are hereby authorised to implement this Agreement. The central customs authorities of the Contracting Parties shall act directly on matters arising from this Agreement and relating to the application of customs legislation; carry out consultations as necessary to exchange experience and to implement this Agreement.
(2) This Agreement shall enter into force on the date of its adoption. where possible, a translation shall be added to the official language of the other Contracting Party.
The Contracting Parties shall waive any replacement of expenses associated with the implementation of this Agreement.
This Agreement shall be subject to approval under the law of each Contracting Party. It shall enter into force on the first day of the third month following the date on which the Contracting Parties have informed each other, by exchange of diplomatic notes, that the conditions required for the entry into force have been fulfilled under each Contracting Party's national law.
This Agreement shall be concluded for an indefinite period. Each Party may be denounced in writing by diplomatic channels. This Agreement shall expire one year after its termination.
The Agreement between the Ministry of Foreign Trade of the Czechoslovak Socialist Republic and the Federal Ministry of Finance of the Republic of Austria on Customs Cooperation of 17 January 1961 expires on the date of entry into force of this Agreement.
Done at Vienna, 18 November 1982, in duplicate, each in the Czech and German languages, the two texts being equally authentic.
For the Government of the Czechoslovak Socialist Republic:
Ing. Bohumil Urban v. r.
For the Government of the Republic of Austria:
Dr Herbert Salcher v. r.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 9 / 1985 Coll., on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of Austria on Cooperation and Mutual Assistance in Customs |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.02.1985 |
|---|---|
| Effective from | 01.11.1984 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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