Agreement On Cooperation In Customs Matters With Sweden

Original Language Title: Dohoda o spolupráci v celních otázkách se Švédskem

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=44431&nr=249~2F1996~20Sb.&ft=txt

249/1996 Coll.



The COMMUNICATION FROM the



Ministry of Foreign Affairs



Ministry of Foreign Affairs says that the 24 July. March 1995 was in

Stockholm Agreement signed between the Government of the United Kingdom and the Government of

The Kingdom of Sweden on mutual cooperation in customs matters.



Parliament gave its assent to the agreement the United States and the President of the

the Republic has ratified it.



The agreement pursuant to article 20 (2). 1 came into force on 10 July 2004.

September 1996.



English translation of the agreement shall be published at the same time.



The AGREEMENT



between the Government of the United Kingdom and the Government of the Kingdom of Sweden on mutual

cooperation in customs matters



The Government of the United Kingdom and the Government of the Kingdom of Sweden (hereinafter referred to as "the Contracting

the parties '),



Bearing in mind that the offences against the customs legislation acts

negatively on the economic, financial, social and commercial interests of their

States, as well as the legitimate interests of the trade;



Bearing in mind the importance of ensuring accurate for levying and collecting

Customs duties, taxes, fees or charges in connection with the importation and exportation of goods,

and the corresponding application of the provisions on Prohibitions and restrictions, and

on the control;



convinced that the efforts aimed at the prevention of offences against customs

legislation and efforts aimed at accurate collection of import and export

Customs duties, taxes, fees or levies could be spent more effectively

by working together, their customs authorities; taking account of the recommendations of the

The Customs Cooperation Council on mutual administrative assistance of 5.

December 1953;



have agreed as follows:



The definition of the



Article 1



For the purposes of this agreement:



1. "customs law" provisions contained in the law or in

legislation relating to the import, export or transit of goods, whether in

relation to the duties, taxes, charges or levies that are collected by Customs

authorities, or to measures for prohibition, restriction or control.



2. the "Tort" any violation of the customs legislation and also attempt to

violation of this legislation.



3. "customs authority" in the Czech Republic-Ministry of Finance-General

Directorate of customs, the Kingdom of Sweden-the Directorate-General of customs

(Generaltullstyrelsen).



4. "requesting customs authority ' means the competent customs authority of a Contracting Party,

making a request for assistance in customs matters.



5. ' requested customs authority ' means the competent customs authority of a Contracting Party,

who has received a request for assistance in customs matters.



6. "a watched item procedure allowing to be illegal or

suspicious consignments of narcotic or psychotropic substances or substances which

replacing them were given from the territory, through or in the territory of the Contracting Party with

the knowledge and under the supervision of the competent authorities with a view to establishing the identity of

people that are involved in the illicit traffic in narcotic drugs and

psychotropic substances.



The scope of the agreement



Article 2



1. the Contracting Parties through their customs authorities and in accordance with

the provisions of this Agreement shall provide mutual assistance:



and) in order to ensure the correct application of customs legislation;



(b)) in order to prevent, investigate and combat customs offences

legislation;



(c)) in cases relating to the delivery of documents or notification

the decision concerning the application of customs legislation;



(d)) in cases relating to the implementation of rights in relation to the customs

legislation.



2. Assistance will be provided under this agreement in accordance with the applicable

the legislation of the requested Contracting Party and within the competence and

the options of the requested customs authority. If necessary, the customs authority

ask for assistance any other competent authority in accordance with the applicable legal

legislation of the requested Contracting Party.



Communication of information



Article 3



1. the Customs authorities shall, on request, provide each other with all the information,

which it will be possible to ensure the accuracy of:



and when the collection of customs duties), taxes, fees or charges levied by the customs

authorities, and in particular the information that enables the determination of the customs value

the goods and the determination of its tariff classification;



(b)) in the application of import and export prohibitions and restrictions;



(c)) when using the national rules of origin, which are not content

other modifications to the agreed one or both of the Contracting Parties.



2. If the requested customs authority does not have the requested information, it tries to

to get all available means in accordance with the applicable legal

legislation of the requested Contracting Party.



3. In gathering information this is the requested customs authority on its behalf.



Article 4



The Customs authorities shall, on request, provide each other with any information about the

whether:



and) goods imported into the territory of one Contracting Party have been exported from the territory of

the other Contracting Party in accordance with the law;



b) goods exported from the territory of one party imported into the territory was

the other Contracting Party in accordance with the law;



(c)) of the item that has been conferred on export from the territory of one

the Contracting Parties shall, in accordance with the law imported into the territory of the

the other Contracting Party, it being understood that the information will be provided

about any customs control measures to which the items were

undergone.



Article 5



The customs authority of one Contracting Party shall provide to the customs authority of the other Contracting

Parties on its own initiative or on request, with all information

associated with violations of customs legislation, in particular concerning:



and) people, that are known or suspected to infringe or

have infringed valid customs legislation of the other party;



(b)) of the goods, which is known to be the subject of the illicit trade;



c) means of transport and containers, which are known or which

It is suspected that they have been, are or may be used in violation of

applicable to the customs legislation of the other party;



(d)) of new methods and means used in committing offences against the

the customs legislation.



Article 6



1. the customs authority of one Contracting Party shall supply at its own initiative or

at the request of the customs authority of the other contracting party reports, records of

records or certified copies of the documents containing all available

information on the activities, as identified and prepared that

they are the subject or they could be the subject of the offence against valid

the customs legislation of that Contracting Party.



2. The originals of the records and documents shall be requested only in cases where the

certified copies would be insufficient. The originals that were passed,

will be returned without delay, as soon as the reason for dropping out, for which they were the second

the Contracting Party concerned.



Article 7



Documents referred to in this agreement may be provided

electronically for this purpose, in any form. At the same time should

be provided with all relevant information for the interpretation or

use of these materials.



Surveillance of persons, goods and means of transport



Article 8



The customs authority of one Contracting Party on its own initiative or at the request of the

the customs authority of the other contracting party carries out within the framework of their respective powers and

supervision of the options:



and movement, especially) entering the territory of his State and the output from the

This territory, people, that are known or are suspected of having committed

offences against the customs legislation in force of the other party;



(b)) means of transport and containers, which are known or which

It is suspected that they have been or are being used to commit offences against the

applicable to the customs legislation of the other party;



(c)), the movement of goods, which, according to the notification of the customs authority of the other Contracting

the parties could arise from the actual illegal trade on the territory of the

State, or there is suspicion.



Tracked shipment



Article 9



1. If permitted by the basic principles of the relevant national

legislation, the Contracting Parties shall, within their capabilities,

the necessary measures that will allow them to appropriate use of the tracked

on the international level, on the basis of mutually agreed contracts

or arrangements in order to discover the identity of persons involved in the illegal

trafficking in narcotic drugs and psychotropic substances and to take legal

measures against them.



2. the decision on the use of controlled deliveries will be carried out on a case by

case. In doing so, take into account the achieved financial arrangements and

the agreement, if it is necessary and it is carried out in accordance with the

national legislation.



3. Unlawful consignments whose monitoring is agreed, it may be

by common consent, the competent authorities detained and may be

allowed to resume shipments of narcotic drugs and psychotropic substances in the

intact form, or may be partially or completely replaced shipments

or moved.



The investigation



Article 10



1. on request, the requested customs authority shall initiate official investigations relating to

operations which are or may be in conflict with a valid customs

legislation of the requesting contracting party. The results of such investigation,

will be communicated to the applicant customs authority.



2. this investigation will be carried out according to the applicable legislation

the requested Contracting Party. The requested customs authority will proceed as

though acting on its own behalf.



3. The requested customs authority may allow officials of the requesting contracting

the parties were present during this investigation.




Experts and witnesses



Article 11



If the courts or authorities of one Contracting Party so request in the

the context of offences against customs legislation pending before them,

the customs authority of the other Contracting Parties empower their officers to

appear as witnesses or as experts in those courts or authorities.

These officials provide testimony concerning the facts which have found when you

performance of their duties. This requirement to participate in the proceedings must clearly

determine what matters and in what role has this official.



The use of information and documents



Article 12



1. the information, documents and other communications obtained under this agreement,

will not be used for purposes other than those that are listed in this

Agreement, without written consent of the customs authority which is provided. This

the provisions do not apply to information, documents and other communications about the offences

relating to narcotic drugs and psychotropic substances.



2. Any information communicated in whatsoever form under this agreement

are of a confidential nature. Will be subject to professional secrecy and shall be

protected by the same kind of information and documents in accordance with the applicable laws

a Contracting Party that has adopted.



3. paragraph 1 shall not impede the use of information in any judicial or

administrative proceedings conducted by the then for reasons of inability to use the customs

legislation.



4. the Customs authorities of the Contracting Parties may, in accordance with the aim and the scope of the

use as a testimony of this agreement information and documents:



and) in their records of evidence, reports and testimonies; and



(b)) in proceedings and charges brought before the courts.

The use of such information and documents as evidence in court and the importance

they will be awarded, will be determined in accordance with national laws

regulations.



The delivery or notification



Article 13



The requested customs authority in accordance with their applicable laws and regulations

deliver or notify on request to individuals residing or

legal entities located on the territory of the requested Contracting Party

all the documents and notification of the decision within the scope of this Agreement issued by the

the requesting contracting party.



Cooperation in the discharge of claims



Article 14



1. upon request, the requested customs authority shall take all actions for the implementation of

claims on duty. Such claims also include taxes, levies, charges and

interest on and collected by the Customs authorities in accordance with the customs

the activities of the Customs authorities.



2. The provisions of paragraph 1 shall apply only to claims for duty in excess of the

the minimum amount fixed in accordance with article 18, paragraph 1, which

they are enforceable by the requesting contracting party.



3. a request for the performance of the claim must be accompanied by official Charter or its

a certified copy to the recovery and the translation according to the provisions

Article 15, paragraph 3.



4. The instrument permitting enforcement of the claim, if it is appropriate and in

accordance with the legislation of the requested Contracting Party,

accepted, recognised, supplemented or replaced by official Charter conferring the right to

its enforcement in the territory of that Contracting Party.



5. questions relating to the period after which a claim cannot be enforced,

will be governed by the applicable legislation of the requested Contracting Party.



6. the Claims to be recovered, the requested Contracting Party

provided preferential treatment.



7. The bankruptcy action against borrowers applied to claim may be

filed, or, if the requesting and the requested customs authority shall agree.

Costs arising from the bankruptcy proceedings shall be reimbursed by the applicant customs authority.



8. the requested customs authority may allow deferred payment or payment in

installments, but first will inform the applicant customs authority.



9. the proceeding concerning the existence or amount of the claim or the instrument

permitting recovery may take place only before the competent authority of the

the requesting contracting party.



10. claims shall be recovered in the currency of the requested Contracting Party, according to the official

the course of the day on which the request was received.



11. the amounts which have been obtained, will be remitted to the applicant customs

authority, after deducting the fees and expenses prescribed in accordance with the applicable

the legislation of the requested Contracting Party.



Form and content of requests for cooperation



Article 15



1. Requests pursuant to this Agreement shall be made in writing. The documents necessary for

the fulfillment of such a request shall be attached to this application. If there is a

the situation is urgent, you can accept oral requests, which, however, must be

immediately confirmed in writing.



2. applications made under paragraph 1 of this article shall contain the following

details:



and) the customs authority which submitted the request;



(b)) the action requested;



(c) the subject and reason for the request);



d) laws, legislation, rules and other legal standards;



(e)) the most accurate and detailed as possible on the natural or legal

persons who are the target of the investigations;



(f)) for an overview of the relevant facts, except in cases referred to in article

13.



3. the application shall be submitted in either official language of the requested Contracting Party,

or in English or in another language acceptable to the requested customs

authority.



4. If a request does not match the formal requirements, it may be required

its correction or completion; This is without prejudice to the adoption of the preliminary

measures.



Exemptions from the obligation to provide assistance



Article 16



1. If the requested customs authority comes to the conclusion that the

cooperation could violate the sovereignty, public policy, security or

the essential interests of the requested Contracting Party, or would cause a violation of

industrial and commercial secrecy, or the secrets of the profession

a Contracting Party may refuse to provide such cooperation,

provide it partially or provide it only if they met

certain conditions or requirements.



2. If it is not possible to accept the request for cooperation, the applicant customs

the authority will be informed without delay and to be informed of the reasons for the

refusal to provide cooperation.



3. If the customs authority of one Contracting Party requests the cooperation

would itself be unable to provide if so asked by Customs

authority of the other Contracting Party in its request to that fact

notify you. Compliance with such a request will be at the discretion of the requested customs

authority.



The cost of



Article 17



The Customs authorities of the Contracting Parties shall waive all claims for the reimbursement of

the costs incurred in the performance of this agreement, with the exception of expenditure on

experts, witnesses, interpreters and translators, and of expenditure under article 14 of this

the agreement.



The implementation of the



Article 18



1. Implementation of this Agreement shall be entrusted to the Customs authorities of the Contracting Parties.

For this purpose, the Customs authorities shall mutually agree on more detailed editing.



2. the Customs authorities of the Contracting Parties may arrange for their investigating

authorities have been in direct contact with each other.



Territorial application of



Article 19



This agreement shall apply to the territory of the two Contracting Parties.



Entry into force and termination



Article 20



1. the Contracting Parties shall notify each other through diplomatic channels that were

fulfilled all the necessary requirements under national laws

the provisions for entry into force. Agreement enters into force 60 days after the

receipt of the last notification.



2. this agreement may be denounced by written notification to the diplomatic

along the way and ending six months after the date of such notification was

accepted by the other party.



In witness whereof, this fully authorized, have signed this agreement.



Given in Stockholm on 24. March 1995 in two original copies, in the language of

the English.



For the Government of the United States:



Václav Frýbert in r.



Ambassador Extraordinary and Plenipotentiary of the Czech Republic in Swedish

the Kingdom of



For the Government of the Kingdom of Sweden:



Stanislaw Patek in r.



Ambassador Extraordinary and Plenipotentiary