On The Agreement Between The Czechoslovak Socialist Republic And The Austrian Republic On Cooperation And Mutual Assistance

Original Language Title: o Dohodě mezi ČSSR a Rakouskou rep. o spolupráci a vzájemné pomoci

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=36470&nr=9~2F1985~20Sb.&ft=txt

9/1985 Coll.



DECREE



Minister of Foreign Affairs



of 28 June. December 1984



on the agreement between the Government of the Czechoslovak Socialist Republic and the Government

The Republic of Austria on cooperation and mutual assistance in the field of customs



On 18 July 2005. November 1982 in Vienna was the agreement signed between the Government of

The Czechoslovak Socialist Republic and the Government of the Republic of Austria on the

cooperation and mutual assistance in the field of customs. Agreement entered into

force on the basis of article 16 on January 1. November 1984. From this day

expired Agreement between the Ministry of foreign trade

The Czechoslovak Socialist Republic and the Federal Ministry of

Finance of the Republic of Austria concerning cooperation in the field of customs, of 17 December 1999.

January 1961, proclaimed No 116/1961 Coll.



The Czech version of the agreement shall be published at the same time.



Minister:



Ing. Chňoupek v.r.



The AGREEMENT



between the Government of the Czechoslovak Socialist Republic and the Government of Austria, the

Republic on cooperation and mutual assistance in the field of customs



The Government of the Czechoslovak Socialist Republic and the Government of the Republic of Austria



Desiring to completely and fully implement the provisions of the final act

the Conference on security and cooperation in Europe,



in an effort to ease relations and deepen mutual relations between the two States,



in an effort to consolidate neighbourly relations between the Czechoslovak Socialist

Republic and the Republic of Austria,



Desiring to facilitate the further development of cooperation between customs administrations

both parties, travel and commodity come into contact via the common State

boundaries,



Bearing in mind that it is important to ensure the proper collection of duties and other

taxes on importation or exportation of goods, and more effective combating of customs

Torts,



have agreed as follows:



Article 1



In this Agreement shall mean:



a) ' customs legislation ' customs administrations by legislation

the Contracting Parties of import, export and transit of goods;



(b)) ' customs administrations: the central authorities of the customs administration, which are in

The Czechoslovak Socialist Republic, the Federal Ministry of

foreign trade-Central Customs Administration in the Republic of Austria and the

Federal Ministry of finance and the Customs authorities of the child;



(c)) the term "tort" violation of the customs legislation, as well as such

violation of.



Article 2



The Contracting Parties



and) shall take all necessary measures to ensure that closer collaboration of their customs

administrations, facilitate customs procedures in rail, road and water

transport between the two countries;



(b)), will provide you under this agreement for the purpose of selecting each other assistance

Customs duties and other import and export charges and in combating customs

offences.



Article 3



The Contracting Parties shall make every effort to do as much as possible to shorten the length of the

duration of the customs control. This is especially true for



a) perishable goods, live animals and other goods for which

is an urgent need for fast transport;



(b)) cars are spěšninovým goods;



(c) goods transported in international) express trains;



d) passengers, mainly in bus regular services.



Article 4



(1) the customs control at the common border of the two States shall be carried out only on the

border crossings, laid down by mutual agreement.



(2) Customs administrations of both Contracting Parties shall determine by mutual agreement

working hours of customs at border crossing points referred to in paragraph 1

so that the time specified for the implementation of the customs control on the opposite

Customs match. Also by mutual agreement so provides, the scope of the

These customs for customs control.



(3) the transport of goods through border crossings, referred to in paragraph 1 may be

performed only in working times at customs clearance points, set in accordance with paragraph 2;

It does not apply to rail and ship transport of the goods.



Article 5



(1) the customs of each of the two States shall recognise the conclusions of the second State with customs

except in cases where the Customs seals must be removed in order to

the implementation of the customs inspection. Customs may also attach additional

custom seals.



(2) the same applies regarding the conclusion, they were attached to the railway administration

the second Member State.



(3) the customs of each of the two States shall recognise the official designation of the Governing

the competent authorities of the other State characterized by the means of transport

their volume, load capacity, etc.



Article 6



If the transport of goods from the territory of one State in the territory of the other State

to commit customs offences, the customs legislation of the State in whose

the territory of these things are found.



Article 7



The customs administrations of the Contracting Parties shall exchange among themselves:



and) the experience gained in their work, in particular in the use of the technical

resources and



b) scholarly literature, the customs legislation, the scientific and technical work in the field of

Customs.



Article 8



(1) at the request of the customs administration of a party performs the Customs Administration

the other Contracting Parties to the investigation. This includes all measures that are

under the legislation of the requested Contracting Party necessary for custom

control bodies of the Customs Administration in the collection of customs duties and other import and

Export charges and for the prosecution of customs offences. Temporary detention or

arrests of persons and any other deprivation of liberty, as well as selecting and

the enforcement of customs duties, other import and export charges, fines, and other

the amounts of aid exempted pursuant to this agreement.



(2) the investigation shall be carried out according to the law of the requested Contracting Party.

The design of the requesting customs authority to be able to in a certain way,

may be granted, if it is not contrary to the law of the requested Contracting Party.



(3) the applicant shall be notified of the outcome of the investigation to the customs administration.



Article 9



The customs administrations of the Contracting Parties to each other without an invitation or at the request

shall be communicated as soon as possible, all information about customs offences,

the combat is a mutual special interest. This concerns in particular

transport of narcotic substances, objects of historical, artistic and cultural

or archaeological interest, as well as for goods subject to high

the taxation of alcohol and tobacco products.



Article 10



The customs administration shall communicate on request



and the seals,) whether identification marks or authentic instrument,

submitted by the applicant to the customs administration, are genuine;



(b)) whether goods, imported from the territory of the other Contracting Party, it was out of her

the territory exported in accordance with the customs legislation;



(c) whether the goods exported) on the territory of the other Contracting Party, according to its

Customs legislation and customs which were imported there have been subjected to.



Article 11



At the request of the customs administration of a party shall deliver the customs administration of the other

the Contracting Parties decisions, resolutions and other documents of the requesting

the Contracting Parties to recipients who reside on the territory of the requested Contracting Party.



Article 12



(1) the information, documents and other communications obtained under this

the agreement may then be used only for the purposes of this agreement. In other cases,

may be used only with the express consent of the customs administrations of the Contracting

the party that is provided; This does not apply to information, documents and

other communications relating to customs offences in drugs.



(2) a Contracting Party which, under the agreement, receive information,

documents or other communications, treating them in terms of the official

the secret as well as with the information, documents and notices

provided by their own authority.



Article 13



(1) assistance under this agreement may be denied or tied to a specific

conditions, if the requested Contracting Party considers that the provision of

This assistance could undermine its sovereignty, security, public policy

(ordre public) or other essential interests, to which also belongs to the commercial and

economic-political interests, as well as manufacturing secrecy.



(2) if the request, while requesting the Customs Administration should not

to accept the application of the same kind, it brought her to the other Contracting Party,

pointing to that fact in the request. In this case, leaves

the control of the compliance with the request of the requested customs authority.



(3) if the request Cannot be satisfied wholly or in part, should be about

the applicant shall immediately inform the customs administration.



Article 14



(1) for the implementation of this agreement, the authorized Customs Administration. Central Customs

authorities of the contracting parties acting directly to each other about the problems arising

of this agreement and concerning the application of customs legislation; be carried out

meetings as necessary in order to exchange experience and to the implementation of this

the agreement.



(2) correspondence relating thereto under this agreement is done in the official language of each

the Contracting Parties; If possible, joins a translation into an official language of

the other Contracting Party.



Article 15



The Contracting Parties shall waive the compensation costs associated with the implementation of this

the agreement.



Article 16



This agreement is subject to approval by the law of each Contracting Party.

Shall enter into force on the first day of the third month following the date on which the Contracting

by Exchange of diplomatic notes to each other have indicated that the assumptions

required for entry into force have been under the national law of each

the parties met.



Article 17



This agreement is concluded for an indefinite period. Can be any Contracting

party in writing through the diplomatic channel is terminated. This agreement shall cease to be

valid for one year after its termination.



Article 18



Date of entry into force of this agreement, shall terminate the agreement between the

the Ministry of foreign trade of the Czechoslovak Socialist


States and by the Federal Ministry of Finance of the Republic of Austria on the

cooperation in the field of customs, of 17 December 1999. January 1961.



Given in Vienna on 18 July 2005. November 1982 in two copies, each in the

the Czech and German languages, both texts being equally authentic.



For the Government of



The Czechoslovak Socialist Republic:



Ing. Bohumil Urban v.r.



For the Government of



The Republic of Austria:



Dr. Herbert Salcher v.r.