Posted the: 2011-12-22 Numac: 2009015015 FEDERAL PUBLIC SERVICE Foreign Affairs, trade outside and COOPERATION to development 5 February 2009. -Law concerning consent to the agreement on cooperation and mutual assistance in customs matters between the Government of the Kingdom of Belgium and the Government of the Republic of the Kazakhstan, signed in Brussels on December 5, 2006 (1) (2) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
2. the agreement on cooperation and mutual assistance in customs matters between the Government of the Kingdom of Belgium and the Government of the Republic of Kazakhstan, signed in Brussels on 5 December 2006, will release its full and complete effect.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, February 5, 2009.
ALBERT by the King: Foreign Affairs Minister K. DE GUCHT. the Minister of finance, D. REYNDERS seen and sealed with the seal of the State: the Minister of Justice, S. DE CLERCK _ Notes (1) 2007 - 2008 and 2008-2009 Session: Senate.
Documents. -Bill filed 3/07/2008, no. 4 - 848/1. -Report, n ° 4-848/2.
Session 2008-2009: parliamentary Annals. -Discussion, meeting of November 6, 2008. -Vote meeting of November 6, 2008.
Documents. -Draft transmitted by the Senate, no. 52-1565/1. -Text adopted in plenary and subject to Royal assent, session No. 52-1565/2.
Parliamentary Annals. -Discussion, meeting of November 27, 2008. -Vote meeting of November 27, 2008.
(2) this agreement enters into force on January 1, 2012, in accordance with article 18.
COOPERATION and regards customs mutual ASSISTANCE agreement between the Government of the Kingdom of Belgium and the Government of the Republic of KAZAKHSTAN the Government of the Kingdom of Belgium and the Government of the Republic of Kazakhstan, designated hereinafter referred to as the "Contracting Parties", whereas it is important to ensure the just determination of the customs duties, taxes and other fees to import or export and ensure that the measures of restriction and prohibition are applied correctly during customs control;
Whereas that offences against customs laws harm their interests economic, social, cultural, commercial and public health;
Whereas the cross-border smuggling of hazardous products, species of toxic waste and endangered fauna and flora is a danger to society.
Recognizing the need to cooperate at the international level on issues related to the application of customs legislation;
Convinced that the fight against infringements of customs laws and the fair determination of the customs duties, taxes and other rights can be made more effective by close cooperation between the customs administrations of the Contracting Parties;
Having regard to the international Conventions, which both Contracting Parties are members, providing for prohibitions, restrictions and specific measures of control with respect to certain goods.
Agreed to the following: Chapter I Definitions Article 1 for the purposes of this agreement, mean: 1. "Customs Administration": for the Kazakhstan Republic: the Committee of the Ministry of Finance of the Republic of the Kazakhstan Customs control;
For the Kingdom of Belgium: The Administration of customs and Excise, federal public Service Finance, Belgium.
2. "customs legislation": all of the laws and regulations of the States of the Contracting Parties requirements applied by Customs administrations in relation to the import, export and transit of goods, including the legal and regulatory requirements relating to the measures of prohibition, restriction and control.
3. "customs duties and taxes": the customs duties, taxes and other duties which are collected on or in connection with importation or exportation of goods.
4. "customs offence": any violation or attempted violation of customs legislation.
5 "person": any natural or legal person.
6. "personal data": data relating to a natural person duly identified or identifiable.
7 ' information': any given document, report, certified copies of these last or any other communication, in any format, including electronic.
8. "requesting authority": the customs authority which makes a request for assistance.
9 ' required administration': 1' customs authority to which a request for assistance is made.
10. "administrative arrangements": all of the directives, circulars, instructions, guides and manuals that officials of the customs administration of each Contracting Party shall apply in the exercise of their powers.
Chapter II scope of Agreement Article 2 1. The Contracting Parties agree to each other administrative assistance through their customs administrations, under the conditions laid down by this agreement, to prevent, search and suppress any customs offence.
2. assistance under this agreement is provided by each Contracting Party in accordance with national legal and administrative status and within the jurisdiction and the resources available to its customs administration.
Chapter III scope of assistance Article 3 1. On request or on their own initiative, customs administrations will provide all information to the correct application of customs legislation and the prevention, investigation and repression of customs offences.
2. each customs administration, carrying out investigations at the request of the other customs administration is in accordance with the national legal and administrative provisions of its State.
Article 4 1. On request, the required administration provides all information on legislation and customs procedures in the State of the Contracting Party and relevant to the investigations conducted with respect to a customs offence.
2. each customs administration shall communicate on its own initiative all information at its disposal on the following questions: has) new techniques for combating customs fraud whose effectiveness has been proven;
(b) new trends as regards customs offences, and means or methods used to commit them.
Article 5 the customs administrations of the Contracting Parties agree to assist in the technical field, particularly in matters: a) official visits by customs officials in order to facilitate mutual awareness of techniques, for the benefit of everyone.
(b) training and assistance to the development of specific skills of customs officials;
(c) to exchange information and experience about the use of detection and control equipment;
(d) of official visits of experts in customs matters;
(e) for Exchange of professional, scientific and technical data relating to legislation and customs procedures.
Chapter IV special cases of mutual administrative assistance Article 6 on request, the required administration provides the requesting authority of the following information: a) the regularity of export from the customs territory of a Contracting State, goods imported into the customs territory of the other Contracting State;
b) regularity of the import into the customs territory of the State of a Contracting Party of goods exported from the customs territory of the other Contracting State;
(c) the customs procedure under which were placed the goods properly imported into the customs territory of the State of the requested Contracting Party.
Article 7 on request, the required administration exercises a special surveillance on: has) the people on which the requesting authority has reason to believe that they committed or may commit violations of customs laws, including those entering and leaving the customs territory of the State of administration required;
b) transported goods designated by the requesting authority as suspected to be the subject of a customs offence;
c) means of transport suspected by the requesting authority of being used to commit violations of customs laws in the customs territory of the State of the requesting contracting party.
Article 8 1. Customs administrations shall provide each other, on request or on their own initiative, information on completed or planned operations which constitute or appear to constitute a customs offence. This information especially relating to illicit traffic: a) of weapons, explosives and nuclear material;
(b) of objects of art with great historical, cultural or archaeological value for the States of the Contracting Parties;
(c) for substances hazardous to the environment or public health;
(d) of species endangered flora and fauna, and their products.
2. in serious cases which may seriously harm the economy, public health, public safety or any other
vital interests of the State of a Contracting Party, the customs administration of the other Contracting Party shall, without delay of information and the information on its own initiative.
Chapter V Transmission of requests for assistance Article 9 1. Requests made pursuant to this agreement are presented directly to the Customs authorities of the other Contracting Party, are formulated in writing and shall be accompanied by the documents deemed necessary, of copies of documents presented to the applicant during procedures for import administration or export. If the situation so requires, the application may also be made by electronic means;
such a request must be confirmed in writing endeans a month.
2. requests pursuant to paragraph 1 of this article shall include the following information: has) the administration issuing the request;
(b)) the object and the grounds for the request;
(c) a brief description of the case, legal provisions at stake and the nature of the proceedings concerned;
(d) the names and addresses of the parties concerned by the proceeding if they are known.
3. the application by a customs administration, requesting that a certain procedure is followed, is satisfied in accordance with the national legislation of the required administration.
4. information exchanged pursuant to this agreement are exclusively communicated to officials authorized for this purpose by each customs administration. The lists of officials designated for this purpose shall be exchanged between the Customs authorities of each Contracting Party.
5. the requests for assistance are written in English.
Chapter VI Execution of Article 10 requests when the required administration does not have the information requested, it undertakes, subject to the legal provisions national and administrative research to obtain this information. These research extend to the collection of all information and documents relating to customs offences.
Article 11 1. Upon written request, for the purposes of the investigations concerning a customs offence, officials designated by the requesting authority may, with the permission required Administration and subject to appropriate conditions by the: a) check at the offices of the required administration documents, records and other relevant data held in these offices in order to extract information about the customs offence;
(b) to take copies of such documents, records and other relevant data concerning the customs offence.
2. where, under the conditions laid down in paragraph 1 of this article, officials of the requesting authority are present in the territory of the State of the other Contracting Party, they must at all times be able to produce their commission, to provide evidence that they have officially standing.
3. they have on-site the same protection and the same assistance as those granted to officials of the Customs authorities of the other Contracting Party by the legislation in force in the territory of the latter and are responsible for any offence where appropriate.
Chapter VII Protection of information Article 12 1. Information received pursuant to this Agreement shall be used exclusively for the purposes of this agreement and by Customs administrations, except when the customs administration which has provided these information expressly authorizes their use for other purposes or by other authorities. Such use is subject to the restrictions imposed by the customs administration that provided the information.
2. the data and documents, supplied on request, are used only for the purposes of the application of this agreement and may not be transferred or used for other purposes or notified without the written consent of the customs administration that provided the information.
3. If required by the laws of the State of the Contracting Party which provided such information, these cannot be used in legal proceedings only after the agreement of the Customs authorities that the information.
4. information received pursuant to this agreement benefit from protection and confidentiality at least equivalent to that provided for the information of the same nature by the national legislation of the other Contracting Party.
5. the personal data are communicated pursuant to this agreement in accordance with the national legislation of each Contracting State.
Chapter VIII exemptions section 13 (1). The assistance provided by this agreement may be refused completely or partially, or be subject to certain restrictions, when the required authority considers that it is likely to undermine the sovereignty, security, public order or other national interests of the State, or that it involves the violation of an industrial, commercial or professional secret, or is incompatible with the legal and administrative provisions implemented by this administration.
2. where the requesting authority is not in a position to meet a demand of the same kind to be presented by the required administration, it signals the fact in the statement of claim. In such a case, the required administration has full discretion to determine the follow-up to this request.
3. assistance may be postponed by the requested authority when it interferes with an investigation, prosecution or a proceeding underway. In this case, the required administration consults with the requesting authority to determine if assistance can be provided subject to the conditions imposed eventually by the required administration are fulfilled.
4. when a request for assistance is denied or deferred, the requesting contracting party in is advised, with a statement of reasons which justify such refusal or postponement.
Chapter IX costs Article 14.
1. the customs administrations shall waive all claims for the reimbursement of costs resulting from the application of this agreement, with the exception of expenses for witnesses, and any fees paid to experts and interpreters other than administrative officers. Costs will be incurred, as such only with the prior agreement of the requesting State.
2. If high and unusual expenses must or must be incurred to implement the request, the Contracting Parties shall consult to determine the conditions under which the request will be met, as well as how these charges will be taken in charge.
3. the costs of the application of article 11 of the agreement are the responsibility of the Contracting Party of the applicant authority.
Chapter X implementation of the Agreement Article 15 1. Customs administrations take provisions for that, when necessary, assistance is carried out by direct communication between the customs officials in charge of the investigation or combating customs offences.
2. the Customs authorities stop under this agreement's detailed provisions to facilitate implementation.
3. disputes between the Contracting Parties, raised by the interpretation or application of this agreement are settled by negotiations and mutual consultations.
4 at the request of one of the Contracting Parties, the customs administrations gather to review the agreement.
Chapter XI entry into force and termination Article 16 Contracting Parties may agree to amend this agreement by considered separate protocols as part of this agreement. The amendments and amendments come into force according to the procedure described in article 18 of this agreement.
Article 17 this agreement is concluded without prejudice to the rights and duties to the Republic of the Kazakhstan and the Kingdom of Belgium under the international conventions to which they are Parties contracting.
Article 18 this Agreement shall enter into force the first day of the third month after the date of receipt of the last written notification that the constitutional or internal requirements for the entry into force of this agreement have been met by the Contracting Parties.
Article 19 1.
This agreement is concluded for an unlimited period, but each Contracting Party may denounce it at any time by notification through diplomatic channels.
2. the denunciation shall take effect three months after the date of the notification of denunciation to the other Contracting Party.
In witness whereof the undersigned, being duly authorized thereto by their national legislation, have signed this agreement.
Done at Brussels on 5 December 2006, in duplicate each in Dutch, English, French, Kazakh, Russian, and Spanish languages all texts being equally authentic. In case of divergence of interpretation, the English text shall prevail.