Agreements Mutual Administrative Assistance Agreement - Rep. Argentina - Rep. French - Full Text Of The Norm

Original Language Title: CONVENIOS CONVENIO DE ASISTENCIA ADMINISTRATIVA MUTUA - REP. ARGENTINA - REP. FRANCESA - Texto completo de la norma

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CONVENTIONS Law 26.311 Approve the Mutual Administrative Assistance Agreement between the Government of the Argentine Republic and the Government of the French Republic for the prevention, investigation and punishment of customs illegals, signed in Paris - French Republic, on 31 January 2001. Sanctioned: November 14 of 2007 Enacted: December 17 of 2007

The Senate and Chamber of Deputies

of the Argentine Nation gathered in Congress, etc.

forcefully sanctioned

Law:

ARTICLE 1 Approved by the Convention on Mutual ADMINISTRATIVE ASSISTANCE between the Government of the ARGENTINA REPUBLIC and the Government of the FRANCE REPUBLIC FOR PREVENTION, INVESTIGATION and SANCION de ILICITOS ADUANEROS, signed in Paris deREPUBLICA FRANCESA. on 31 January 2001 ARTICLE 2 Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO CATORCE DIAS DEL MES DE NOVIEMBRE DEL YEAR DOS MIL SIETE.

# 26,311 EL

ALBERTO E. BALESTRINI. . JOSE J. B. PAMPURO. . Enrique Hidalgo. . Juan H. Estrada.

CONVENTION

MUTUA ADMINISTRATIVE ASSISTANCE

ENTRE

THE GOVERNMENT OF THE ARGENTINA REPUBLIC

AND THE GOVERNMENT OF THE FRANCE REPUBLIC

FOR THE PREVENTION,

INVESTIGATION AND SANTION

ILICITES ADUANEROS

The government of the Argentine Republic and the government of the French Republic.

Next called "the Parties",

Considering that the illegals to customs legislation cause damage to the economics and social, fiscal, cultural interests of their respective States, as well as security and public health.

Considering that illicit trafficking in narcotics and psychotropic substances is a damage to public health and society.

Considering that it is essential to ensure the proper valuation of the goods in order to ensure the accurate perception of customs duties and export and import taxes and to allow the correct compliance of control, restriction and prohibition measures.

Convinced that the fight against illegals against customs legislation and efforts to ensure a correct perception of customs duties and export and import taxes will be more effective through close cooperation between their customs administrations.

Having regard to the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 20 December 1988 and its annex.

Having regard to the recommendation of the Customs Cooperation Council (now World Customs Organization) on Mutual Administrative Assistance of 5 December 1953.

Agree to the following:

Article 1

For the purposes of this Convention, it is understood that:

1. "Customs administrations":

- For the Argentine Republic, the Federal Public Income Administration General General Directorate of Customs General.

- For the French Republic, the General Directorate of Customs and Indirect Rights.

2. "Custom Law": the set of legal and regulatory provisions applicable by the respective customs administrations, concerning:

s the import or export of goods and other operations, regimes, customs illegals, as well as those related to prohibition, restriction and control measures;

. the financial operations between the territory of one of the two Parties and the foreigner concerning funds from a customs law.

3. "customs law": any violation or attempted violation of customs law.

4. "Person": every natural or legal person.

5. "Stupephants and Psychotropic Substances": the products and substances thus defined by the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 20 December 1988 and any other substance controlled by the current legislation of the Parties.

6. "Consequent substances used in the illicit manufacture of narcotic drugs or psychotropic substances": substances listed in the annex to the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 20 December 1988 and any other substance controlled by the existing legislation of the Parties.

7. "Territory":

- For the Argentine Republic, the territory defined in article 1 of the Customs Code (Act No. 22.415).

- For the French Republic, the customs territory as defined by article 1 of the Customs Code.

8. "Controlled delivery" is the operation in the course of which the customs administrations of the two Parties, in accordance with their national law, allow illicit or suspicious remittances of narcotic drugs, psychotropic substances or substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances to come out of their territories, cross or enter into them, in order to identify the persons involved in the illicit export of such goods.

Article 2

1. The customs administrations of the two Parties agree to provide mutual and direct assistance in the conditions set by this Convention with a view to preventing, investigating and punishing customs illegals.

2. The assistance provided for in the preceding paragraph does not refer to the perception of customs duties, taxes, charges, fines and other amounts on behalf of the other Party.

3. At the request of a customs administration, the customs administration of the requested Party shall notify the persons concerned who reside in its territory of any communication, resolution, provision or other document pertaining to the requesting Party, relating to the enforcement of its customs legislation.

4. The assistance provided on the basis of this Convention shall be carried out in accordance with the customs laws of the required Party and within the limits of competence and resources of the customs administration of that Party.

Article 3

1. The customs administrations of both Parties shall promptly and spontaneously communicate all available information regarding:

(a) operations carried out or carried out, which present or appear to present an irregular character with respect to their customs laws;

(b) the new means or methods of committing illicit offences;

(c) categories of goods known as objects of illicit trafficking;

(d) persons of whom it may be thought that they commit or may commit customs offences of the other Party;

(e) vessels, aircraft or other means of transport suspected of being used for the commission of unlawful acts;

(f) New techniques for combating customs illegals that have proved effective;

(g) updated lists of assets suspected of illicit trafficking in their respective territories.

2. Upon written request and as quickly as possible, the administrations of both Parties shall forward:

(a) extracts from that customs documentation concerning operations that are or may be subject to unlawful, which may be sent in the form of duly certified or authenticated copies;

(b) Any information that may serve to uncover customs illegals from the requesting Party.

In the event that the required customs administration does not have the requested information, it shall carry out all possible arrangements, in accordance with its domestic law, with a view to satisfying the request made by the requesting customs administration.

Orders must contain the following indications:

. name and charge of the requesting authority.

. nature of the developing procedure.

. object and motives of the order.

. names and addresses (identities in cases of natural persons) of the persons involved.

. a summary report of the matter, as well as the corresponding legal elements.

Article 4

At the request of the customs administration of one Party, the customs administration of the other Party shall, in accordance with its administrative practice, exercise special control over:

1. Transfers, and more particularly on the entry and exit to and from its territory, of persons suspected or known by the requesting Party to surrender to activities contrary to customs laws.

2. Movements suspected of goods identified by the requesting Party as the object of illicit traffic from or to their respective territory.

3. Places where goods are deposited in uncommon quantities on which the requesting Party has reason to believe that they are intended to be illegally imported into its territory.

4. Vehicles, vessels, aircraft or other means of transport for which the requesting Party has reason to believe that they may be used to commit illegals in its territory.

5. Operations related to illicit trafficking in narcotic drugs and psychotropic substances or substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances.

The results of this control shall be communicated to the requesting authority.

Article 5

1. In order to facilitate the investigation and punishment of the illegals in the territory of the respective States, each customs administration shall proceed . in accordance with the provisions of its respective domestic law, within the limits of its competence and at the request of the other administration . to conduct investigations, interrogate the suspects and listen to the witnesses. It will then communicate the results to the requesting customs administration.

2. The customs administration of the requested Party may authorize, in accordance with its respective domestic law, the presence of agents of the requesting customs administration in the course of the investigations. These requirements shall be submitted in accordance with the applicable law of the requested Party and under the exclusive direction of the agents of the Customs Administration of this Party.

Article 6

1. Customs administrations may, upon agreement of the competent judicial or administrative authority, and within their powers, carry out the methods of controlled delivery of goods in order to identify persons involved in illegals. Where a decision on controlled delivery is not within the competence of the customs administration, it shall initiate the necessary arrangements with the competent National Authority so that it may be possible to verify the customs illegals relating to such goods and identify the persons involved in the commission of such illicits.

2. Decisions concerning controlled deliveries should be taken on a case-by-case basis.

3. The goods subject to illicit traffic whose delivery has been agreed to be monitored may, with the agreement of both customs administrations, be intercepted and authorized to continue their transport with the shipment intact or by removing something from it or replacing it in full or in part.

Article 7

1. The information obtained pursuant to this Convention may not be used for other purposes than those provided for in the Convention, except that the customs administration providing such information expressly consents to it in writing.

2. The information, communications and documents available to the customs administration of one of the Parties pursuant to this Convention shall enjoy the same protection in terms of confidentiality as that accorded by the national law of this Party to information of national origin of a similar nature.

Article 8

1. In both their complaints, reports and testimonies, as well as in proceedings before the courts, the customs administrations of both Parties may, in evidence, avail themselves of the information and documents obtained under the conditions provided for in this Convention.

2. The scope of the evidentiary force attributed to these information and documents shall be determined in accordance with the provisions of the national law of the requesting Party.

Article 9

1. At the request of a court or an authority of one of the Parties investigating unlawfully, the customs administration of the other Party may authorize its agents to appear as witnesses or experts before the alleged court or authority.

2. The summons request must be made clear in particular in which case and as to what the agent will be interrogated.

3. The agents shall declare, within the limits set by the authorization of their administration, the checks made by themselves within the framework of their functions.

Article 10

1. The customs administrations of both Parties shall take the necessary measures to ensure that agents of their services responsible for the prevention, investigation or punishment of illicit persons are in personal and direct relation with a view to exchanging information.

2. The customs administrations of the two Parties shall communicate with each other the list of designated agents.

Article 11

1. None of the customs administrations of the two Parties shall be obliged to give the assistance provided for by this Convention in the event that it is of such a nature that it may harm the public order or other essential interests of its State or entail the violation of an industrial, commercial or professional secret.

2. Where the customs administration of the Party which makes a request for assistance is not in a position to satisfy an order of equal nature that is submitted by the customs administration of the other Party, it shall indicate the fact in the report of its request. In a similar case, the required administration will have complete freedom to determine the course it will give to the order response.

3. Any rejection of assistance must be based in writing.

Article 12

1. The customs authorities of the Parties shall waive any claim for reimbursement of the expenses incurred in the implementation of this Convention, except for the expenses incurred in respect of the experts and witnesses referred to in Article 9.

2. If significant and extraordinary costs are required to meet the request for assistance, the Parties shall consult for the purpose of determining the conditions and modalities for which such costs will be incurred.

Article 13

The scope of application of this Convention extends to the territory of both Parties as defined in Article 1.

Article 14

1. The modalities for the implementation of this Convention shall be established by common agreement between the customs administrations of both Parties.

2. A Joint Commission shall be established, consisting of representatives of the customs administrations of the two Parties, to consider matters relating to the implementation of this Convention. The Joint Commission shall meet when necessary, alternatively, in the territory of each Party.

3. The differences found within the Joint Commission that remain unresolved will be resolved through diplomatic channels.

Article 15

Each Party shall notify the other, by diplomatic means, of compliance with the internal procedures necessary for the entry into force of this Convention, which shall take place on the first day of the second month, from the day of receipt of the last notification. This Convention shall have an indeterminate validity and may be denounced by any Party by notification through diplomatic channels. The complaint shall take effect six months after the date of the respective notification.

Made in Paris on 31 January 2001, in an original double copy, in Spanish and French languages, both texts being equally faithful.

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