Key Benefits:
LAW 763 OF 2002
(July 31)
Official Journal No. 44.889 of 5 August 2002
PUBLIC POWER-LEGISLATIVE BRANCH
By means of which the "Protocol of Amendment of the Multilateral Convention on Mutual Cooperation and Assistance between the National Directorates of Customs" is approved, approved in Cancun on 29 October 1999.
The Congress of the Republic
Having regard to the text of the "Protocol of Amendment to the Multilateral Convention on Mutual Assistance and Cooperation between the National Customs Directorates", approved in Cancun on 29 October 1999.
(To be transcribed: photocopy of the full text of the International Instrument mentioned).
" MULTILATERAL CONVENTION MODIFICATION PROTOCOL
ON COOPERATION AND MUTUAL ASSISTANCE BETWEEN NATIONAL CUSTOMS OFFICES
The Parties,
CONSIDERING:
That the Multilateral Convention on Mutual Cooperation and Assistance between the National Customs Directorates, signed in Mexico City on September 11, 1981, has proven to be a useful tool for strengthening mutual assistance in the the fight against fraud and cooperation, as well as the increase and development of trade between the Parties.
That both the commercial reality within the region and the evolution of the integration processes existing in it make it necessary to adapt the provisions of the Convention.
That the implementation of technical cooperation was agreed upon in the framework of the Convention for Cooperation, signed at the 5th Ibero-American Summit of Heads of State and Government in San Carlos de Bariloche, Argentina, on October 15, 1995. between the signatory States.
That at the 19th Meeting of the National Directors of Customs of Latin America, Spain and Portugal, held in Palma de Mallorca, Spain, in November 1998, the National Directors highlighted the achievements made by the Latin American System of Training and agreed that, in order to make full use of the full potential of the Convention, especially those relating to mutual assistance and cooperation, to review and amend the text of the Convention, with the aim of adapt to current needs,
They come in the following:
ARTICLE 1. The articles of the Convention are modified according to the text contained in Appendix I to this Protocol.
ARTICLE 2. The Annexes to the Convention are replaced by the Annexes contained in Appendix II to this Protocol.
1. Any Latin American State, as well as Spain and Portugal, may become a Party to this Protocol and its Appendices:
a) Subscribe, without reservation of ratification;
b) Depositary the instrument of ratification after having signed it under reservation of ratification;
c) Adiring to it.
2. This Protocol shall be open for signature by the Contracting Parties at the seat of the Secretariat until 30 June 2000.
3. This Protocol shall subsequently be opened for the accession of the States requesting it.
4. At the time of signing or ratifying this Protocol or acceding to it, the Parties shall notify the Secretariat if they accept one or more Annexes.
5. Instruments of ratification or accession shall be deposited with the Secretariat.
1. This Protocol shall enter into force three months after three of the Parties referred to in Article 3 (1) have signed it without reservation of ratification or have deposited its instrument of ratification.
2. For any Party that signs this Protocol without reservation of ratification, which ratifies it or, according to Article 3 (3). of this Protocol, shall accede to it, after three Parties have signed it without reservation of ratification or have deposited its instrument of ratification, the Protocol shall enter into force three months after that Party has signed it. signed without reservation of ratification or deposit of its instrument of ratification or accession, as the case may be.
3. Any Annex contained in Appendix II to this Protocol shall enter into force three months after two Parties have communicated to the Secretariat the acceptance thereof. In respect of any Party accepting an Annex after two Parties have accepted it, this Annex shall enter into force three months after this Party has notified its acceptance. However, no Annex shall enter into force in respect of a Party before the Protocol itself enters into force in respect of that Party.
ARTICLE 5. No reservations are allowed to this Protocol and will have an unlimited duration.
1. Any Party may denounce this Protocol after the date of its entry into force.
2. Any complaint shall be notified to the Secretariat by means of a written instrument.
3. The complaint shall take effect six months after receipt of the instrument by the Secretariat.
4. The provisions of numerals 2 and 3 of this Article shall also apply as regards the Annexes to the Convention.
5. The Party denouncing this Protocol shall be bound by the provisions of Article 8. of the Convention, while retaining information and documents or in fact receiving assistance or cooperation from other customs authorities.
ARTICLE 7. The entry into force of this Protocol for a Party implies the repeal of the amended provisions of the Multilateral Convention on Mutual Cooperation and Cooperation between the Parties. National Directorates of Customs and its Annexes of 11 September 1981.
1. The Secretariat shall notify the Parties and the Secretary-General of the United Nations Organization:
a) Signatures, ratifications, and accessions;
b) The date on which this Protocol and each of its Appendices enter into force;
c) Complaints received.
2. As from its entry into force, this Protocol shall be registered with the General Secretariat of the United Nations, in accordance with Article 102 of the Charter of the United Nations.
This Protocol is approved at the XX Meeting of the National Directors of Customs of Latin America, Spain and Portugal held in Cancun, Quintana Roo, Mexico, at the 29 days of the month of October of a thousand nine hundred and ninety-nine, in two original copies in Spanish and Portuguese languages, both texts equally authentic, which shall be deposited with the Secretariat, which shall transmit certified copies to all the Parties referred to in Article 3o. Protocol.
MEXICO CONVENTION MODIFICATIONS
GENERAL ADMINISTRATION OF CUSTOMS IN MEXICO
MEXICO, D. F. 1999
MULTILATERAL CONVENTION ON COOPERATION AND MUTUAL ASSISTANCE BETWEEN NATIONAL CUSTOMS ADDRESSES
FROM LATIN AMERICA, SPAIN, AND PORTUGAL
GENERAL PROVISIONS.
1. For the implementation of this Convention, it is understood by:
(a) "customs legislation" means all laws, regulations or administrative provisions applied by the respective customs authorities concerning the import, export, transit and transhipment of goods and other arrangements; customs operations;
(b) "customs authority" means the administrative authority of each Party, competent in accordance with its laws and regulations for the application of customs legislation and this Convention;
(c) "requested authority" means the customs authority of a Party to which the request for mutual assistance or cooperation is submitted;
(d) "requesting authority" means the customs authority of a Party making the request for mutual assistance or cooperation;
(e) "Council", the Council of National Customs Directors, which is the collegiate body responsible for the management and administration of the Convention;
f) "information", any data, document, report, either in originals or certified copies, or other communications;
g) "customs infringement", any violation or attempt to violate customs legislation;
(h) "Parties" means the States subscribing to this Convention;
i) "person", any natural or legal person, and
(j) "Secretariat" means the permanent body responsible for assisting the Council and the customs authorities of the Parties in the application and interpretation of this Convention.
1. The Parties to this Convention shall, through their customs authorities, provide mutual assistance and cooperation and exchange information to ensure the correct application of customs legislation and in particular to prevent, investigate and combating customs infringements.
2. The Parties also agree that their customs authorities shall provide mutual assistance and cooperation in the matter provided for in the Annexes to this Convention, provided that such Annexes have been accepted.
3. Mutual assistance provided by the customs authorities in accordance with this Convention may be used in all manner of proceedings, including judicial, administrative, investigations or verifications, determination of tariff classification, origin and value, which are relevant in the enforcement and enforcement of the customs legislation of a Party.
4. The assistance under this Convention shall be provided in accordance with the customs legislation of the Require Party and within the limits of the powers and resources available to the customs authority of that Party.
5. Mutual assistance is not applicable to requests for arrest, nor to the collection of rights, taxes, surcharges, fines, or any other sum on behalf of either Party.
6. The provisions of this Convention are exclusively for the benefit of the Parties and shall not entitle a person to the territory of a Party to obtain, remove or exclude any evidence or prevent the execution of an application.
7. Nothing in this Convention shall be interpreted in such a way as to be incompatible with agreements and practices in respect of mutual assistance and cooperation in force between some of the Parties.
MUTUAL ASSISTANCE.
ARTICLE 3. MUTUAL ASSISTANCE AT PARTY REQUEST.
1. The requesting authority may request the requested authority to provide it with relevant information to enable it to ensure the correct application of the customs legislation, including information relating to activities which may give rise to a customs breach.
2. The requesting authority may request the requested authority to inform it if:
(a) the goods exported from their territory were lawfully imported into the territory of the requested Party, as well as the customs duty of import applied, or
(b) the goods imported into their territory were legally exported from the territory of the requested Party, as well as the applicable customs export regime.
3. Upon request, the customs authorities of the Parties having a common border shall:
(a) to report on customs located along that border, working hours and routes and paths enabled for access, as well as any subsequent modification of the information provided, and
(b) coordinate the operation of these customs, harmonizing their competence and working hours and ensure that the respective services are provided in juxtaposed premises, as well as that the control of vehicles and passenger baggage is performed by harmonised procedures.
4. The customs authorities shall communicate by written request and as quickly as possible any information:
(a) extracted from customs documents relating to trade in goods between the territories of the Parties concerned, which are or may be the subject of illicit or fraudulent trafficking in respect of the customs legislation of the Party applicant, possibly in the form of duly certified or legalized copies of such documents, or
(b) which may be used to detect infringements of the customs legislation of the requesting Party.
ARTICLE 4. SPONTANEOUS MUTUAL ASSISTANCE.
The customs authorities shall communicate spontaneously and without delay any information they have concerning:
1. Proven or planned irregular operations that present or appear to be illegal or fraudulent.
2. Means and methods of fraud.
3. Techniques for combating customs offences, the effectiveness of which has been proven.
4. Categories of goods known as the object of fraudulent traffic.
5. Persons on whom it may be presumed that they commit or may commit customs offences.
6. Any means of transport suspected of being used to commit customs offences.
ARTICLE 5. PROCEDURE FOR REQUEST FOR MUTUAL ASSISTANCE.
1. The customs authorities of the Parties shall designate the officials responsible for submitting and attending requests for mutual assistance, communicating that designation and their updates to the Secretariat, which shall draw up and distribute to the Parties. the resulting list.
2. Those officials shall, in accordance with the laws and regulations in force in their country, adopt all measures necessary for the immediate implementation of the request for mutual assistance.
3. If the requested authority does not have or has the information requested, in accordance with its legal and administrative provisions, it shall:
a) conduct their own investigation, request or request to obtain such information;
b) as soon as possible, transmit the requirement to the appropriate dependency or institution, or
c) report which authorities are competent.
4. Requests for mutual assistance made under the terms of this Convention shall:
(a) to appear in writing in the language of the country of the requesting authority. Applications and documents annexed shall, if requested, be translated into the language that the Parties agree to, and
b) contain all necessary information and append the documents that are considered useful.
5. Where such requests are not submitted in writing for reasons of urgency, the requested authority may subsequently require a written confirmation.
6. Requests for mutual assistance shall contain the following information:
a) name of the requesting authority;
b) name of the responsible official;
c) required subject;
d) object and reason for the request;
e) legal basis for the request;
f) as far as possible, name and address of the persons involved in the request object, and
g) other relevant information.
ARTICLE 6. EXECUTION OF REQUESTS.
1. In order to comply with a request for mutual assistance, the requested authority must proceed within its competence and reach, granting the information it possesses or carrying out the corresponding formalities, based on its laws and regulations. in effect.
2. The exchange of mutual assistance shall be carried out directly between the officials responsible for such purposes, by the customs authorities of the Parties, who shall provide the information requested for the purposes identified. in this Convention.
3. The requested authority, in accordance with its internal legislation, may:
a) perform verifications, inspections, or investigations;
b) examine books, documents, records, or other tangible goods that may be relevant or essential to the investigation, and
c) take the necessary steps to provide the requesting authority with such information.
4. At the request of the requesting authority, the requested authority shall inform the requesting authority of the actions necessary to take care of its request and the estimated time limit.
5. In the event that the request cannot be addressed by the requested authority, the requested authority shall promptly notify this fact, including a statement of the reasons and circumstances that prevented its compliance.
6. The provisions of this Article shall be interpreted as meaning that the customs authorities use all the legal and material means available in the execution of an application.
ARTICLE 7. COMMUNICATION OF INFORMATION.
1. The requested authority shall communicate the results of the application to the requesting authority in writing, including certified copy of the relevant documents and any other relevant information.
2. The communication shall be carried out by any means, after agreement between the requested authority and the applicant.
ARTICLE 8. TREATMENT OF INFORMATION AND CONFIDENTIALITY.
1. Any information that a Party obtains from another party will have the following treatment:
(a) shall be used for the purposes of this Convention. Even in the framework of judicial or administrative proceedings and subject to the conditions laid down by the requested authority to provide them, and
(b) shall be granted by the requesting authority to receive it from the same measures of protection of confidential information and professional secrecy as are in force in the country supplying the information.
2. The information may be used for other purposes, provided there is written consent from the requested authority and subject to the conditions laid down by it.
1. A Party may refuse to provide assistance or may subject it to certain conditions where it considers that it may be:
a) attacking your Sovereignty;
b) infringing public order, security or other national interests, and
c) violating industrial, commercial, or professional secrets.
2. The requested authority may postpone a request for assistance when it interferes with an investigation or proceeding that it is carrying out. In this case, the requested authority shall communicate to the requesting authority such a circumstance and determine whether the assistance can be provided with the information that it is provided with.
3. Where the applicant authority submits an application for assistance to which it may not accede if the same application is submitted to it, it shall state that fact in the text of its application, in which case the requested authority may decide the processing that will be given to that request.
The costs incurred by the participation of experts and witnesses, possibly resulting from the application of this Convention, shall be borne by the requesting authority, without prejudice to the possibility of being agreed upon, forms of financing. The Parties may not claim the refund of other expenditure resulting from the application of this Convention.
COOPERATION.
ARTICLE 11. REQUEST FOR COOPERATION.
At the request of the customs authority of a Party, the requested authority:
1. It shall provide all the cooperation which it may be able to contribute to the modernisation of its structures, organisation and working methods, including coordination of the operation and/or use of the customs chemical laboratories and the use of specialised officials as experts.
2. It shall provide all the cooperation that it may be able to implement and/or to improve the technical training systems of the staff of the requesting customs authority, including the training and exchange of teachers and the granting of scholarships and stock exchanges.
3. The Secretariat shall keep an up-to-date record of the information provided by the Parties or to collect on the possibilities to provide or require, as the case may be, the cooperation referred to in this Article and shall adopt the measures that are necessary to promote the use of such cooperation.
ARTICLE 12. PROCEDURE FOR THE APPLICATION FOR COOPERATION.
1. The customs authorities of the Parties shall designate the officials responsible for submitting and attending to the requests for cooperation, communicating that designation and their updates to the Secretariat, which shall draw up and distribute to the Parties the the resulting list.
2. Those officials shall, in accordance with the laws and regulations in force in their territory, adopt all measures necessary for the immediate implementation of the application for cooperation.
3. Requests for cooperation made under the terms of this Convention shall be submitted in writing in the language of the country of the requesting authority. The applications and the supporting documents shall, if requested, be translated into the language that the Parties agree to.
4. Requests for cooperation shall contain the following information:
a) name of the requesting authority;
b) name of the responsible official;
c) required subject;
d) object and reason for the request, and
e) legal basis for the request.
ORGANIZATION AND ATTRIBUTIONS.
ARTICLE 13. EXECUTIVE COMMITTEE OF NATIONAL CUSTOMS DIRECTORS.
The Executive Committee shall be composed of the National Customs Directors of the Parties and shall have the following privileges:
1. Monitor the implementation of this Convention and its Annexes.
2. Meet at least once a year with the aim of adopting the relevant directives and recommendations.
3. Decide on the proposals submitted by the customs authorities and the Secretariat.
4. To entrust the Secretariat or the customs authorities with the development of any specific activity.
5. Decide on the seat of the Council meetings.
6. Adopt the regulations necessary for the implementation of this Convention.
7. Interpret the provisions of this Convention and Annexes.
8. To resolve disputes arising from the application of this Convention between two or more customs authorities.
9. Any other necessary for the implementation and application of this Convention.
ARTICLE 14. CUSTOMS AUTHORITIES.
They are the privileges of the customs authorities:
1. Carry out the management and development of this Convention.
2. Implement the agreements adopted by the Council.
3. Collaborate with the Secretariat in the implementation of specific activities entrusted by the Council and in the management of this Convention.
They are the responsibilities of the Secretariat:
1. Develop the necessary activities to contribute to the achievement of the objectives of the Convention.
2. To develop the work for the implementation of the agreements adopted by the Council.
3. Organise and convene Council meetings.
4. Submit to the Council an annual report of its activities.
5. Request and coordinate the provision of technical assistance provided by national and international specialized agencies.
6. To issue opinions for the interpretation of the provisions of this Convention.
7. Comply with any other tasks which the Council considers appropriate to assign to it or to which the customs authorities request it.
FINAL PROVISIONS.
1. Any Latin American State, as well as Spain and Portugal, may become a Party to this Convention:
a) Subscribe, without reservation of ratification;
b) Depositary the instrument of ratification after having signed it under reservation of ratification;
c) Adiring to it.
2. This Convention shall be open for signature by the States at the seat of the Secretariat.
3. After its entry into force, this Convention shall be open to the accession of the other States which so request.
4. At the time of signing or ratifying this Convention or acceding to it, the Parties shall notify the Secretariat that they accept one or more Annexes.
5. Instruments of ratification or accession shall be deposited with the Secretariat.
1. This Convention shall enter into force three months after three of the Parties referred to in Article 16, number 1, have signed it without reservation of ratification or have deposited their instrument of ratification.
2. With regard to any Party which signs this Convention without reservation of ratification, which ratifies it or, according to Article 16 (3) of this Convention, accedes to it, after three Parties have signed it without reservation of ratification or either have deposited their instrument of ratification, the Convention shall enter into force three months after that Party has signed it without reservation of ratification or deposit of its instrument of ratification or accession, as the case may be.
3. Any Annex to this Convention shall enter into force three months after two Parties have communicated to the Secretariat the acceptance thereof. For any Party which accepts an Annex after two Parties have accepted it, this Annex shall enter into force three months after this Party has notified its acceptance. However, no Annex shall enter into force in respect of a Party before the Convention itself enters into force in respect of that Party.
1. Reservations are not allowed to this Convention and shall be of unlimited duration.
1. Any Party may denounce this Convention at any time after the date of its entry into force.
2. Any complaint shall be notified to the Secretariat by means of a written instrument.
3. The complaint shall take effect six months after receipt of the instrument of denunciation by the Secretariat.
4. The provisions of numerals 2 and 3 of this Article shall also apply as regards the Annexes to this Convention, and may be withdrawn by either Party at any time after the date of its entry into force. acceptance of one or more Annexes.
5. The Party which denounces the Convention or withdraws its acceptance to one or more Annexes shall be bound by the provisions of Article 8. of this Convention, while maintaining information and documents or in fact receiving assistance and/or cooperation from other customs authorities.
1. The customs authorities and the Secretariat may propose to the Executive Committee amendments to this Convention.
2. The Secretariat shall communicate to the customs authorities the text of the proposed amendments.
3. Any proposed amendment shall be approved by the Executive Committee unanimously and its entry into force shall be subject to ratification by all Parties.
4. Any Party ratifying or acceding to the Convention shall be deemed to accept the amendments in force on the date of deposit of its instrument of ratification or accession.
5. Any Party accepting an Annex accepts the amendments to that Annex in force on the date of notification of its acceptance to the Secretariat.
ARTICLE 21. HEADQUARTERS OF THE SECRETARIAT.
The Secretariat will be in charge of the General Administration of Customs of Mexico, or its successor.
ARTICLE 22. ADDRESS COMMUNICATION.
The Secretariat and the customs authorities shall take the necessary measures to maintain direct communication in order to facilitate compliance with the provisions of this Convention without prejudice to those which are carried out through the respective Ministries of Foreign Affairs.
ARTICLE 23. OFFICIAL LANGUAGES.
The original instrument of this Convention, whose texts in Spanish and Portuguese languages are equally authentic, shall be deposited with the Secretariat, who shall submit certified copies in accordance with all the Parties mentioned in the numeral 1 of the Article 16 of this Convention.
ARTICLE 24. REGISTRATION WITH THE UNITED NATIONS ORGANIZATION.
1. The Secretariat shall notify the Parties and the Secretary-General of the United Nations Organization:
a) Signatures, ratifications, and accessions;
(b) The date on which this Convention and each of its Annexes enter into force;
c) Complaints received;
d) The accepted amendments and the date of their entry into force.
2. As from its entry into force, this Convention shall be registered with the General Secretariat of the United Nations, in accordance with Article 102 of the Charter of the United Nations.
This Convention is signed in Mexico City, on the eleven days of September of a thousand nine hundred and eighty-one, in a single copy written in Spanish, in the presence of Mr. Licenado David Ibarra, Secretary of Finance and Public Credit of the United Mexican States, who signs as a witness, assisted by the representatives of the International Organizations that are detailed
Argentina, Juan Carlos Martínez.
Haiti, William Bonhome.
Mexico, Guillermo Ramirez Hernandez.
Paraguay, Miguel Martín González Ávila.
Dominican Republic, Teofilo García González.
Uruguay, Dante Barrios de Angelis.
WITNESSES
David Ibarra, Secretary of Finance and Public Credit, United Mexican States.
Hugo Ernesto Opazo Ramos, Representative of the Latin American Integration Association.
Ignacio Echavarria Araneda, Representative of the Economic Commission for Latin America.
Durval F. Deabreu, Representative of the Organization of American States.
Arodys Robles Morales, United Nations Program Representative for Trade and Development.
José del Campo Ruiz, United Nations Development Program Representative.
Josefa Raquel Tablada Ortiz, Representative of the Secretariat of Central American Integration.
Annex to the Multilateral Cooperation and Mutual Assistance Convention between Directorates General of Customs, formulated during the Second Meeting of the National Directors of Customs of Latin America.
The representatives of the countries that subscribe to this annex, considering that the terms and conditions specified in the above mentioned Convention, satisfy the basic requirements of cooperation and mutual assistance between the customs services of different nations, preserving the autonomy inherent in the customs operation of each country, initialling the convention in sign according to their terms, and they undertake to submit it to the consideration of the competent authorities of their respective countries.
1. Brazil
2. Colombia
3. Costa Rica
4. Cuba
5. El Salvador
6. Honduras
7. Nicaragua
8. Panama
9. Spain.
There are unreadable signatures.
MEXICO CUSTOMS GENERAL ADMINISTRATION.
MEXICO, D. F. 1999
SPECIAL MONITORING.
At the request of the requesting authority, the requested authority may exercise, within the framework of its competence and possibilities, special control over a specified period, reporting on:
(a) Entry and exit to and from their territory of persons, goods and means of transport, suspected of being involved in the commission of customs offences;
(b) Places where there have been established deposits of goods, which are presumed to be used to store goods for illicit traffic.
STATEMENTS BY CUSTOMS OFFICERS TO COURTS ABROAD.
1. Where a simple written declaration is not sufficient, the requested authority shall, upon request of the requesting authority, authorise its officials to the extent of the possibilities, to declare before the courts located in the territory of the the applicant authority, as witnesses or experts, in a matter relating to a customs infringement.
2. The request for appearance shall specify in which case and in what quality the official shall declare.
3. The request shall be accepted, the requested authority shall determine in the authorization it issues, the limits within which its officials shall maintain its declarations.
INTERVENTION BY CUSTOMS OFFICERS FROM ONE PARTY TO THE TERRITORY OF ANOTHER.
1. Where the requested authority is conducting an investigation into a particular customs infringement, it may authorise, upon request by the requesting authority, the officials appointed by the authority, when it considers it appropriate. the applicant to appear in its offices and to have access to the relevant documents, records and other documents or information media and to take copies or extract from them the information or information elements relating to that infringement.
2. Upon request of the requesting authority, the requested authority may authorise, where appropriate, the presence of officials of the applicant authority on its territory, on the occasion of the investigation or the establishment of a a customs breach of interest to the applicant authority.
3. Where a customs authority is conducting an investigation on its territory, it may request the customs authority of another Party to authorise the participation of officials in that investigation.
4. For the purposes of the provisions of this Annex, the customs authority of the territory in which the investigation is carried out shall provide all assistance and cooperation to officials authorised by the customs authorities of the Member States. another Party, in order to facilitate its investigations.
ACTION AGAINST CUSTOMS VIOLATIONS THAT FALL ON NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES.
1. The provisions of this Annex shall not impede the application of the measures in force at national level in the field of coordination of the action of the competent authorities in the fight against the abuse of narcotic drugs and drugs. Psychotropic substances. They will also not hinder, but will complement the implementation of the provisions of the Single Convention on Narcotic Drugs of 1961 (the Protocol of Amendment of March 1972) and the 1971 Convention on Psychotropic Substances (Convention). of the United Nations against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 20 December 1988), by the Contracting Parties to those Conventions which also accept this Annex.
2. The provisions of this Annex relating to customs offences relating to narcotic drugs and psychotropic substances shall also apply in appropriate cases, in so far as the customs authorities are competent in this respect. financial transactions linked to such offences.
Information trade exchange
3. The customs authorities of the Parties shall communicate on their own initiative and on a confidential basis and, in the shortest possible time, to the other customs authorities which may be interested, any information they may have in respect of:
(a) operations in which they are found or suspected to constitute customs offences on narcotic drugs or psychotropic substances, as well as operations which appear appropriate to commit such infringements;
(b) persons engaged in or to the extent permitted by national law: persons suspected of engaging in the operations referred to in the preceding subparagraph, as well as vehicles, aircraft, aircraft and other means of transport used or suspected to be used for such operations;
(c) means or methods used for the commission of customs offences on narcotic drugs or psychotropic substances; and
(d) products recently manufactured or used as narcotic drugs or as psychotropic substances that were the subject of such infringements.
Mutual Assistance Request for Surveillance
4. At the request of the requesting authority, the requested authority may exercise, to the extent of its competence and possibilities, special control over a specified period, reporting on:
(a) entry and exit to and from their territory of persons and means of transport on which they are suspected of being involved in the commission of customs offences on narcotic drugs or psychotropic substances;
(b) on the movements of narcotic drugs or psychotropic substances identified by the requesting customs authority, which are the subject of significant illicit trafficking to or from the territory of that Party;
(c) places where deposits of narcotic drugs or psychotropic substances have been established, which are presumed to be used to store goods for illicit trafficking.
Investigations made at the request and on behalf of a customs authority
5. The requested customs authority, acting within the framework of the laws and regulations in force in its territory, shall, at the request of the requesting customs authority, carry out investigations to obtain evidence relating to the unlawful acts. customs on narcotic drugs or psychotropic substances, which are the subject of investigations in the territory of the requesting customs authority, shall contain the statements of the persons under investigation on account of this infringement, as well as those of the witnesses or experts and shall communicate the results of the investigation, as well as the documents or other evidence, to the requesting customs authority.
Intervention of customs officers from one Party to the territory of another Party
6. Where a simple written declaration is not sufficient, the requested authority shall, upon request of the requesting authority, authorise its officials to the extent of the possibilities to declare before the courts located in the territory of the the applicant authority, as witnesses or experts, in a matter relating to a customs infringement on narcotic drugs and psychotropic substances.
7. The request for appearance shall specify in which case and in what quality the official shall declare.
8. The request shall be accepted, the requested authority shall determine in the authorization it issues, the limits within which its officials shall maintain its declarations.
9. Where the requested authority is conducting an investigation into narcotic drugs and psychotropic substances, it may authorise, upon request of the requesting authority, the officials appointed by the applicant authority. the applicant authority to appear in its offices and to have access to and take copies of, or take copies of, the relevant information or information on the written records, records and other relevant documents or information media; violation.
10. Upon request of the requesting authority, the requested authority may authorise, where appropriate, the presence of officials of the applicant authority on its territory, on the occasion of the investigation or the establishment of a customs infringement on narcotic drugs and psychotropic substances of interest to the applicant authority.
Centralization of information
11. The customs authorities of this Annex shall communicate to the Secretariat the information provided for in their parts. and 2a., to the extent that such information is relevant at international level.
12. The Secretariat shall establish and keep up to date a record of the information provided by the customs authorities and shall use the data contained in this register to draw up summaries and studies concerning the new trends. or those already established in the field of customs offences on narcotic drugs or psychotropic substances. It will periodically proceed to a classification, in order to eliminate the information that, in its opinion, is useless or obsolete.
13. The customs authorities shall provide the Secretariat, upon request and subject to the other provisions of the Convention and this Annex, with any additional information necessary for the preparation of the summaries and the studies referred to in paragraph 12 of this Annex.
14. The Secretariat shall communicate to the departments or officials nominated by the customs authorities, the special information contained in the central register, in so far as such communication is deemed to be useful, and the summaries and studies referred to in numeral 12 of this Annex.
15. Unless otherwise indicated by the customs authority communicating the information, the Secretariat shall also communicate to the departments or officials designated by the other Parties, the competent bodies of the The International Criminal Police Organization (Interpol), as well as the international organizations with which agreements have been reached on this matter, information concerning the customs violations on narcotic drugs and drugs. psychotropic substances appearing in the central register, in so far as they are considers this communication to be useful, as well as the summaries and studies carried out in this field in application of the numeral 12 of this Annex.
16. Upon request, the Secretariat shall communicate to a customs authority which has subscribed to this Annex any other information available to it in the framework of the centralisation of information provided for in this Annex.
First part of the central record: People.
17. Notifications made in accordance with this part of the register shall be intended to provide the information relating to:
(a) persons who have been convicted of a definitive sentence for crimes on narcotic drugs and psychotropic substances, and
(b) eventually, persons suspected or caught in flagrant customs infringement on narcotic drugs or psychotropic substances in the territory of the customs authority responsible for the notification, including if there is still no carried out no judicial proceedings.
It is understood that the customs authorities which refrain from communicating the names and addresses of the persons concerned, because their own legislation will prohibit it, will in any case send a communication indicating the greatest number of possible elements indicated in this part of the record.
18. The information to be supplied is, as far as possible, the following:
a) last name;
b) names;
c) if applicable, maiden name;
d) nickname or pseudonym;
e) occupancy;
f) domicile;
g) date and place of birth;
h) nationality;
i) country of domicile and country where the person has resided in the course of the last 12 months;
j) nature and number of their identity documents, including dates and country of dispatch;
k) personal details:
1. Sex.
2. Height.
3. Weight.
4. Complexion.
5. Hair.
6. Eyes.
7. Complexion, and
8. Particular signs;
l) type of violation;
m) summary description of the infringement (indicating, among other information, the nature, quantity and origin of the goods, manufacturer, charger and consignor) and of the circumstances in which it was discovered;
n) nature of the sentence handed down and amount of penalty:
n) other observations: even the languages spoken by the person concerned, and any previous convictions, if the administration became aware of it, and
(o) customs authority supplying the information (including number of refs).
19. As a general rule, the Secretariat shall provide the information concerning this first part of the register, at least to the country of the offender or suspect, to the country where it has its registered office and to the countries in which the last 12 months.
Second part of the record: Methods, systems, vehicles and other media
transport used.
20. The notifications to be made in accordance with this part of the register shall be intended to provide information relating to:
(a) methods or systems for committing customs offences on narcotic drugs and psychotropic substances, including the use of hidden means, in all cases that are of particular interest at international level.
The customs authorities shall indicate all known cases of use of each method or system of infringement, as well as new or unusual methods of being able to discover the trends that manifest in this field;
(b) vehicles and other means of transport used for the purpose of committing customs offences on narcotic drugs or psychotropic substances. In principle, only information on matters considered to be of interest at international level should be communicated.
21. The information to be supplied is, as far as possible, the following:
A) Methods or systems used
a) description of the methods or systems used to commit customs violations;
b) description of the hiding place, with photograph or sketch, if possible;
(c) description of the goods in question;
d) other comments: to indicate in particular the circumstances in which the infringement was discovered, and
e) customs authority supplying the information (including reference number).
B) Vehicles and other means of transport used
(a) name and brief description of the vehicle or means of transport used (model, tonnage, weight, number plate, characteristics, etc.).
Where possible, supply the information contained in the certificate or in the approval plate of the containers or vehicles, the technical conditions of which would have been approved in accordance with the terms of an International Convention, as well as the indications concerning any handling of the seals, wilting, bullion, sealing of the closing device or other parts of the containers or of the vehicles;
(b) name of the company or company operating the vehicle or means of transport;
(c) nationality of the vehicle or other means of transport;
(d) port of registration and, where applicable, port of base; place of dispatch of the register, etc.;
(e) name and nationality of the driver (and if any, of other crew members eventually responsible);
f) type of violation, indicating the goods apprehended;
g) description of the hideout (with photograph or sketch, if possible), as well as the circumstances in which it was discovered;
h) country of origin of the goods apprehended;
i) first port or place of loading;
j) last port or place of destination;
k) ports or places of call between the indicators on i) and j);
(l) other observations (number of times when the vehicle or means of transport, transport companies or undertakings or persons operating the vehicle or the means of transport to any title have engaged in criminal activities), and
m) customs authority supplying the information (including reference number).
ACTION AGAINST CUSTOMS VIOLATIONS THAT FALL ON OBJECTS OF ART AND ANTIQUES AND OTHER CULTURAL GOODS.
1. The provisions of the Annex refer to objects of art and antiques, as well as to other cultural objects which, in a religious or profane manner, are considered to be of importance for archaeology, prehistory, history, literature, the art or science, in the form or article 1 (a) (a) to (k) of the Unesco Convention on the measures to be taken to prohibit and prevent the import, export and transfer of illicit property of cultural goods (Paris, 14 November 1970), to the extent that such objects of art and antiques and other goods Cultural activities were the subject of customs violations.
2. They shall not impede the application of the measures in force at national level in the field of cooperation with national cultural heritage services and shall supplement, in the customs field, the application of the provisions of the Unesco Convention by the Parties to this Convention which shall also accept this Annex.
3. The provisions of this Annex relating to customs offences relating to the object of art and antiques and other cultural goods shall also apply in appropriate cases and in so far as the customs authorities are competent. in this respect, financial transactions linked to such infringements.
Information trade exchange
4. The customs authorities of the Parties shall communicate on their own initiative and on a confidential basis and, in the shortest possible time, to the other customs authorities which may be interested, any information they may have in respect of:
(a) operations in which they are established or suspected to constitute customs offences relating to objects of art and antiques and other cultural goods, as well as operations which appear appropriate for such purposes, violations;
(b) persons engaged in or to the extent permitted by national law, persons suspected of being engaged in the operations referred to in the preceding literal (a), as well as vehicles, aircraft, aircraft and other means of transport used or suspected to be used for such operations;
(c) means or methods used for the commission of customs offences on objects of art and antiques and others are cultural.
Mutual Assistance Request for Surveillance
5. At the request of the requesting authority, the requested authority may exercise, to the extent of its competence and possibilities, special control over a specified period, reporting on:
(a) entry and exit to and from their territory of persons and means of transport on which they are suspected of being involved in the commission of customs offences on objects of art and antiques and other cultural goods;
(b) on movements of art and antiques and other cultural goods identified by the requesting customs authority which are the subject of significant illicit trafficking to or from the territory of that Party.
Investigations made at the request and on behalf of a customs authority
6. At the request of the requesting authority, the requested authority, acting within the framework of the laws and regulations in force in its territory, shall carry out investigations to obtain evidence relating to the illegal customs duties on objects of art and antiques and other cultural objects, which are the subject of investigations in the territory of the requesting customs authority, shall contain the statements of the persons under investigation on account of this infringement, as well as those of the witnesses or experts and shall communicate the results of the investigation, as well as the documents or other evidence, to the requesting customs authority.
Intervention of customs officers from one Party to the territory of another Party
7. Where a simple written declaration is not sufficient, the requested authority shall, upon request of the requesting authority, authorise its officials to the extent of the possibilities to declare before the courts located in the territory of the the applicant authority, as witnesses or experts, in a matter relating to a customs infringement on objects of art and antiques and other cultural goods.
8. The request for appearance shall specify in which case and in what quality the official shall declare.
9. The request shall be accepted, the requested authority shall determine in the authorization it issues, the limits within which its officials shall maintain its declarations.
10. Where the requested authority is carrying out an investigation into objects of art and antiques and other cultural objects, it may authorise, upon request of the requesting authority, the officials of the designated by the requesting authority to be present in its offices and to have access to and take copies of, or take copies of, the relevant information or information elements relating to the written records, records and other relevant documents or information media; that violation.
11. Upon request of the requesting authority, the requested authority may authorise, where appropriate, the presence of officials of the applicant authority on its territory, on the occasion of the investigation or the establishment of a customs infringement on objects of art and antiques and other cultural objects of interest to the applicant authority.
Centralization of information
12. The customs authorities of this Annex shall communicate to the Secretariat the information provided for in their parts. and 2a., to the extent that such information is relevant at international level.
13. The Secretariat shall establish and keep up to date a record of the information provided by the customs authorities and shall use the data contained in this register to draw up summaries and studies concerning the new trends. or to those already established in the field of customs offences on objects of art and antiques and other cultural goods.
Periodically proceed to a classification, in order to eliminate the information that, in its opinion, is useless or obsolete.
14. The customs authorities shall provide the Secretariat, upon request and subject to the other provisions of the Convention and this Annex, with any additional information necessary for the preparation of the summaries and the studies referred to in paragraph 13 of this Annex.
15. The Secretariat shall communicate to the departments or officials nominated by the customs authorities, the special information contained in the central register, in so far as such communication is deemed to be useful, and the summaries and studies referred to in numeral 13 of this Annex.
16. Unless otherwise indicated by the customs authority communicating the information, the Secretariat shall also communicate to the departments or officials designated by the other Parties, the competent bodies of the United, the International Criminal Police Organization/Interpol, as well as the international organizations with which agreements were concluded in this respect, the information concerning the customs violations on objects of art and antiques and other cultural goods which appear on the central register, to the extent that they are it considers this communication to be useful, as well as the summaries and studies carried out in this field in application of the numeral 13 of this Annex.
17. Upon request, the Secretariat shall communicate to a customs authority which has subscribed to this Annex any other information available to it in the framework of the centralisation of information provided for in this Annex.
First Part of Central Record: People
18. Notifications made in accordance with this part of the register shall be intended to provide the information relating to:
(a) to persons who have been convicted of a definitive sentence for crimes on objects of art and antiques and other cultural goods, and
(b) eventually, persons suspected or apprehended in flagrant breach of customs duties on objects of art and antiques and other cultural goods in the territory of the customs authority responsible for the notification, including whether, not yet no judicial proceedings have been carried out.
It is understood that the customs authorities which refrain from communicating the names and addresses of the persons concerned, because their own legislation will prohibit it, will in any case send a communication indicating the greatest number of possible elements indicated in this part of the record.
19. The information to be supplied is, as far as possible, the following:
a) last name;
b) names;
c) if applicable, maiden name;
d) nickname or pseudonym;
e) occupancy;
f) domicile;
g) date and place of birth;
h) nationality;
i) country of domicile and country where the person has resided in the course of the last 12 months;
j) nature and number of their identity documents, including dates and country of dispatch;
k) personal details:
1. Sex.
2. Height.
3. Weight.
4. Complexion.
5. Hair.
6. Eyes.
7. Complexion, and
8. Particular signs;
l) type of violation;
m) summary description of the infringement (indicating, among other information, the nature, quantity and origin of the goods, manufacturer, charger and consignor) and of the circumstances in which it was discovered:
n) nature of the sentence and amount of the sentence;
n) other observations: even the languages spoken by the person concerned, and any previous convictions, if the administration became aware of it, and
(o) customs authority supplying the information (including number of refs).
20. As a general rule, the Secretariat shall provide the information concerning this first part of the register, at least to the country of the offender or suspect, to the country where it has its registered office and to the countries in which the last 12 months.
Second part of the central file: Methods or systems used
21. Notifications to be made in accordance with this part of the register shall be intended to provide information on methods or systems for committing customs offences on objects of art and antiques and other cultural objects. even the use of hidden means, in all cases which are of particular interest at international level. The Contracting Parties shall indicate all the use cases of each known method or system, as well as new or unusual methods or systems and possible methods or systems, in order to discover the trends in this method. field.
22. The information to be supplied is especially, as far as possible, the following:
a) description of the methods or systems. If possible, provide a description of the means of transport used (brand, model, registration number if it is a ground vehicle, type of craft, etc.). Where appropriate, supply the information which shall be contained in the certificate or in the approval plate of the containers or vehicles whose technical conditions have been approved in accordance with the terms of a Convention International, as well as the indications regarding any fraudulent manipulation of the seals, we march, bullion, seals of the closing device or of other parts of the containers or of the vehicles;
b) description of the hiding place with photograph or sketch, if possible;
(c) description of the goods in question;
(d) other observations shall indicate in particular the circumstances in which the infringement was discovered, and
(e) a customs authority supplying the information (including the number of refs).
INBOUND, OUTBOUND, AND TRANSIT OF RELIEF SHIPMENTS, IN THE EVENT OF CATASTROPHES.
1. The customs authorities of the Parties shall grant the maximum possible facilities to accelerate the departure from their respective territories of consignments containing materials or relief items on the occasion of disasters, intended for other Parts.
2. The customs authorities of the Parties shall provide the maximum of facilities for the free passage or transit through their respective territories of consignments containing materials or relief items intended for other Parties.
3. The customs authorities of the Parties shall take the maximum possible measures to facilitate the reception and the rapid clearance or clearance of materials or items that they receive as relief, to their respective authorities. territories.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., September 20, 2000
Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.
(Fdo.) ANDRES PASTRANA ARANGO
The Foreign Minister,
(Fdo.) Guillermo Fernandez de Soto.
DECRETA:
ARTICLE 1o. Approve the "Protocol of Amendment to the Multilateral Convention on Mutual Cooperation and Assistance between the National Customs Directorates", approved in Cancun on 29 October 1999.
ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. In 1944, the "Protocol of Amendment to the Multilateral Convention on Cooperation and Mutual Assistance between the National Customs Directorates", approved in Cancun on 29 October 1999, which is approved by the first article of this law, will require the country from the date on which the international link with respect to the country is perfected.
ARTICLE 3o. This law governs from the date of its publication.
The President of the honorable Senate of the Republic,
Carlos Garcia Orjuela.
The Secretary General (E.) of the honorable Senate of the Republic,
Luis Francisco Boada Gomez.
The President of the honorable House of Representatives,
Guillermo Gaviria Zapata.
The Secretary General of the honorable House of Representatives,
Angelino Lizcano Rivera.
COLOMBIA-NATIONAL GOVERNMENT
Communicate and comply.
Execute, upon revision of the Constitutional Court, in accordance with article 241-10 of the Political Constitution.
Dada en Bogotá, D. C., at 31 July 2002.
ANDRES PASTRANA ARANGO
The Foreign Minister,
Guillermo Fernandez de Soto.
The Deputy Minister of Finance and Public Credit, in charge of the office of the Minister of Finance and Public Credit,
Federico Rengifo Velez.
