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
