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The Agreement On Cooperation In The Field Of Customs, Prc

Original Language Title: Dohoda o spolupráci v oblasti celnictví s ČLR

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9/1997.



The COMMUNICATION FROM the



Ministry of Foreign Affairs



Ministry of Foreign Affairs says that on 21 February 2006. July 1992 was in

Prague signed agreement between the Government of the Czech and Slovak Federal

The Republic and the Government of the people's Republic of China on cooperation and mutual

assistance in the field of customs.



The agreement on the basis of its article 12, entered into force on 18. February

1993.



On 8 June 1998. October 1994 Czech Republic People's Republic of China and the exchange of

the letters confirmed the succession of the Czech Republic to the agreement.



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



The AGREEMENT



between the Government of the Czech and Slovak Federal Republic and the Government of the people

's Republic of China on cooperation and mutual assistance in customs



Government of the Czech and Slovak Federal Republic and the Government of the people's

Republic (hereinafter referred to as "the Contracting Parties");



conscious that offences against the customs legislation are detrimental

economic, financial and social interests of their countries;



conscious of the fact that the illegal trade in narcotic drugs and psychotropic substances

represents a danger to public health and to society;



aware of how important it is to ensure the accurate determination of the duties, taxes and

other fees payable upon import or export of goods, and the right

the application of the regulation concerning prohibitions, limitations and control;



convinced that close cooperation between their customs administrations

contribute to the effectiveness of efforts to prevent breaches of customs legislation and the

achieve greater accuracy in the collection of customs duties;



vážíce's international documents that support the bilateral reciprocal

cooperation and in particular the recommendation of the Customs Cooperation Council of 5.

December 1953 and from 8. June 1971;



have decided to conclude the following agreement:



Article 1



For the purposes of this agreement:



1. the term "customs legislation" shall mean all applicable laws and regulations or

carried out by Customs administrations, concerning the import, export or

transit of goods;



2. the term "Customs Administration", the central authorities of the customs administration, that are

entrusted with the implementation of the customs legislation, IE. The Federal Ministry of

foreign trade-Central Customs Administration in Czech and Slovak

The Federal Republic and the main customs administration in the Republic of China

The people's Republic.



Article 2



The customs administration of the two parties will, in the framework of this agreement, develop a

cooperation in exchange of experience acquired in the performance of official duties and

in Exchange, customs rules and they will provide each other with administrative assistance in

area in order to enhance the development of trade and the exchange of staff between the two

countries.



Article 3



The customs administrations of the two Contracting Parties shall exchange information on

with:



1. the tasks of the Customs Administration in the national economy and in international trade;



2. methods of customs checks on movements of goods, means of transport,

baggage and mail across state lines;



3. methods of customs control when dealing with goods under Customs seal;



4. the experience gained in the implementation of the harmonized system and

determination of the customs value;



5. information about the current podloudných methods, prevention methods and their

the results;



6. the customs laws and regulations;



7. new methods in the control of the Customs Administration;



8. use of computers and other modern technical devices at work

the Customs Administration;



9. the establishment of customs branch, education and training of members of the customs

the Administration;



10. experience of working in international organisations and in the implementation of

international treaties;



11. other issues of common interest.



Article 4



The customs administrations of both parties can in the framework of this agreement

Exchange of customs experts and lecturers of customs training

centers.



Article 5



At the request of the customs administration of a party to the customs administration of the other Contracting

the parties will, to the extent of its competences and powers, carry out special

supervision during a certain period over:



1. the movement of, in particular, at the entrance to its own territory and leaving,

of persons suspected of participation in the customs offences in the territory of the requesting

the Contracting Parties;



2. the movement of individual types of goods which are identified by the Customs Administration

the requesting contracting party as subjects of unauthorized imports or

exports from its territory;



3. the different types of vehicles, ships, aircraft, of which he is suspected,

that will be used for the perpetration of customs offences in the territory of the requesting

the Contracting Parties.



Article 6



The customs administration of a party may, on the basis of the own-initiative

or at the request of the customs administration of the other party be submitted requesting

Contracting Party any information that represent effective assistance when

the detection of customs offences, in particular those relating to

narcotic drugs and psychotropic substances, weapons, ammunition, or ammunition,

explosives, objects of historical, artistic, cultural and archaeological

values and goods subject to high taxation.



Article 7



On request of the customs administration of a party to the customs administration of the other

the Contracting Parties will provide information about these

the facts:



1. the authenticity of official documents drawn up as the basis for customs

Declaration of goods presented to the Customs authorities of the requesting contracting

party;



2. whether goods imported into the territory of the requesting contracting party in

legally exported from the territory of the requested Contracting Party;



3. whether goods exported from the territory of the requesting contracting party in

accordance with law imported into the territory of the State of the requested Contracting Party.



Article 8



Any reports, documents or other information provided or obtained

under this agreement will be used only for the purposes specified in this

Agreement and shall be subject to such limitations as are determined by the customs

management, that issued it; the receiving Contracting Party is liable to them

to ensure the same protection of classified information because of their

confidentiality and trade secrets, as provided in this country

the same kinds of messages, documents and other information obtained in its

their own country.



Article 9



If the customs administration of one of the Contracting Parties was convinced that

the assistance requested would disturb the sovereignty, security or

contrary to the applicable laws and regulations of that Contracting Party, it may help

reject or provide it subject to certain conditions, or when the

certain requirements.



Article 10



The customs administrations of both parties can, if necessary, organize

discussions on the Director-General level, alternately in the two countries. The date and

the anticipated agenda must be agreed by the customs administrations of both

the Contracting Parties sufficiently in advance.



Article 11



Assistance under this Agreement shall be provided to each other what

the most effective way the customs administrations of both parties.



The Customs Administration may act directly in the language of the third country, which is

acceptable to both parties.



Article 12



This agreement shall enter into force after the expiry of 90 days from the date on which the

the Contracting Parties have notified each other that the assumptions required for the acquisition of

valid under national law have been met.



The agreement is concluded for an indefinite period, saying that each of the Contracting Parties

may, in writing, inform the other Contracting Party through the diplomatic channel, that

the agreement shall cease to have effect. The agreement shall expire first then

on the day following the expiry of six months from receipt of the written notice of termination.



Done at Prague on 21. July 1992, in two original copies in the

Czech and Chinese language, both texts being equally authentic.



For the Government of



The Czech and Slovak Federal Republic:



JUDr. Jiří Hronovský in r.



For the Government of



Republic of China:



Wu Naiwen in r.