Communication from the Ministry of Foreign Affairs No 9 / 1997 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of the Agreement between the Government of the Czech and Slovak Federal Republic and the Government of the People's Republic of China on cooperation and mutual assistance in customs matters
Valid
International Treaty
Effective from 18.02.1993
Text versions:
15.01.1997
9
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs states that on 21 July 1992 the Agreement between the Government of the Czech and Slovak Federal Republic and the Government of the People's Republic of China on Cooperation and Mutual Assistance in Customs was signed in Prague.
The Agreement entered into force on 18 February 1993 pursuant to Article 12 thereof.
On 8 October 1994, the Czech Republic and the People's Republic of China confirmed by exchange of letters the skirts of the Czech Republic to the Agreement.
The Czech version of the Agreement is hereby published at the same time.
AGREEMENT
between the Government of the Czech and Slovak Federal Republic and the Government of the People's Republic of China on cooperation and mutual assistance in customs matters
The Government of the Czech and Slovak Federal Republic and the Government of the People's Republic of China ("the Contracting Parties');
be aware that offences against customs legislation are detrimental to the economic, financial and social interests of their countries;
recognising that illicit trafficking in narcotic drugs and psychotropic substances poses a danger to public health and society;
be aware of the importance of ensuring accurate determination of customs duties, taxes and other charges levied on imports or exports of goods and the correct application of the prohibition, restriction and control regulations;
convinced that close cooperation between their customs administrations will contribute to the effectiveness of efforts to prevent breaches of customs legislation and to achieve greater accuracy in the collection of duties;
appreciating international documents supporting bilateral cooperation and in particular the recommendation of the Customs Cooperation Council of 5 December 1953 and 8 June 1971;
have decided to conclude the following agreement:
For the purposes of this Agreement:
1. the term "customs legislation" means all laws and regulations in force or carried out by customs administrations concerning the import, export or transit of goods;
2. the term "customs administration" means the central customs authorities which are responsible for implementing customs regulations, i.e. the Federal Ministry of Foreign Trade - Central Customs Administration in the Czech and Slovak Federal Republic and the Central Customs Administration of the People's Republic of China in the People's Republic of China.
The customs administrations of the two Contracting Parties shall, within the framework of this Agreement, develop cooperation by exchanging experience gained in the performance of their duties and by exchanging customs legislation and by providing assistance to each other in the administrative field in order to strengthen the development of trade and the exchange of workers between the two countries.
Customs administrations of both Contracting Parties shall exchange information concerning:
1. the role of customs administration in the national economy and in international trade;
2. customs control methods for the movement of goods, means of transport, baggage and mail across national borders;
3. customs control methods when dealing with goods under customs clearance;
4. experience gained in implementing the Harmonised System and in establishing customs value;
5. Data on current obscene methods, prevention methods and their results;
6. customs laws and regulations;
7. New methods in customs management;
8. use of computers and other modern technical equipment in the work of customs administration;
9. the establishment of customs barriers, education and training of customs officials;
10. experience in working in international organisations and in implementing international treaties;
11. Other issues of common interest.
Customs administrations of both Contracting Parties may exchange customs experts and lecturers from customs training centres under this Agreement.
At the request of the customs administration of one Contracting Party, the customs administration of the other Contracting Party shall, to the extent of its competence and competence, exercise special supervision over a certain period of time over:
1. movement, in particular when entering and leaving the territory of the requesting Party, of persons suspected of participating in customs delicacies;
2. the movement of individual goods which are marked by the customs administration of the requesting Contracting Party as objects of unauthorised import or export from its territory;
3. individual types of vehicles, ships, aircraft which are suspected to be used to commit customs offences in the territory of the requesting Contracting Party.
The customs administration of one Contracting Party may, on its own initiative or at the request of the customs administration of the other Contracting Party, submit to the requesting Contracting Party any information which constitutes effective assistance in the detection of customs offences, in particular those relating to narcotic and psychotropic substances, weapons, ammunition or ammunition, explosives, objects of historical, artistic, cultural and archaeological value and goods subject to high taxation.
At the request of the customs administration of one Contracting Party, the customs administration of the other Contracting Party shall provide it with information concerning the following:
1. the authenticity of official documents drawn up as supporting documents for the declaration of goods submitted to the customs authorities of the requesting Contracting Party;
2. whether goods imported into the territory of the requesting Contracting Party have been legally exported from the territory of the State of the requested Contracting Party;
3. Whether goods exported from the State of the requesting Contracting Party have been legally imported into the State of the requested Contracting Party.
Any reports, documents or other information provided or obtained under this Agreement shall be used only for the purposes defined in this Agreement and shall be subject to such restrictions as shall be determined by the customs administration which issued it; the receiving Contracting Party shall ensure that they have the same protection of classified information in respect of their confidentiality and commercial secrecy as is provided in that country to the same types of reports, documents and other information obtained in its own country.
Should the customs administration of one of the Contracting Parties be satisfied that the requested assistance would undermine sovereignty, security or would be contrary to the applicable legal order of that Contracting Party, it may refuse or grant such assistance under certain conditions or subject to certain requirements.
Customs administrations of both Contracting Parties may, if necessary, organise meetings at the level of Directors-General alternately in both countries. The date and envisaged agenda shall be agreed by the customs administrations of the two Parties in good time.
Assistance based on this Agreements shall be made available to each other in the most efficient manner possible by the customs administrations of both Parties.
Customs administrations may act directly in the language of a third country which is acceptable to both parties.
This Agreement shall enter into force 90 days after the date on which the Contracting Parties have informed each other that the conditions required for its entry into force have been fulfilled under national law.
The Agreement shall be negotiated for an indefinite period, whereby each of the Contracting Parties may notify the other Party, through diplomatic channels, of the termination of the Agreement. The Agreement shall then cease to be in force on the day following the expiry of the six months following receipt of the written notice.
Dane in Prague on 21 July 1992 in two original copies in Czech and Chinese languages, both texts being equally authentic.
For the Government
Czech and Slovak Federal Republic:
JUDr. Jiří Hronovský v. r.
For the Government
Republic of China:
Wu Naiwen v. r.
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 9 / 1997 Coll., on the Agreement between the Government of the Czech and Slovak Federal Republic and the Government of the People's Republic of China on Cooperation and Mutual Assistance in Customs |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.01.1997 |
|---|---|
| Effective from | 18.02.1993 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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