228/1998 Coll.



The COMMUNICATION FROM the



Ministry of Foreign Affairs



Ministry of Foreign Affairs says that the 2 July. September 1997 was in

Jerusalem signed the agreement between the Government of the Czech Republic and the Government of the State of

Israel on mutual assistance in customs matters.



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

the Republic has ratified it.



Agreement entered into force, pursuant to article 13 on January 1. October

1998.



The Czech version of the agreement shall be published at the same time. In the English text of the agreement,

for its interpretation of the applicable, can be consulted at the Ministry of

Foreign Affairs and the Ministry of finance-the Directorate-General of customs.



The AGREEMENT



between the Government of the United Kingdom and the Government of the State of Israel on mutual assistance in

Customs matters



The Government of the United Kingdom and the Government of the State of Israel (hereinafter referred to as "the Contracting Parties"),



Bearing in mind that offences against the customs legislation are detrimental

economic, financial and commercial interests of their countries,



Bearing in mind the importance of ensuring the accurate assessment of duties, taxes,

fees or import and export levies and the correct determination of origin

goods, as well as the appropriate application of the provisions concerning prohibitions,

restrictions and on the control,



conscious of the need for international cooperation in matters relating to the

management and application of customs legislation,



convinced that the combating of customs offences can be more effective on the basis of

the cooperation of the Customs authorities,



Noting the recommendation of the Customs Cooperation Council on mutual

administrative assistance of 5. December 1953



have agreed as follows:



Article 1



The definition of the



For the purposes of this agreement:



1. the "customs legislation" laws and regulations applied by the Customs authorities

on imports, exports or goods in transit, whether in relation to the duties,

taxes, charges and levies, or to prohibitions, restrictions, and other control

arrangements in connection with the movement of goods across national boundaries.



2. the "Customs authorities" in the Czech Republic-Ministry of Finance-General

the Directorate of customs and the State of Israel and the Directorate for customs duties and value added tax

the values of the Ministry of finance.



3. the "Tort" any violation of the customs legislation as well as any

the attempt to breach.



Article 2



The Scope Of The Agreement



1. All assistance granted by any Contracting Party on the basis of this

the agreement shall be in accordance with its national law.



2. the Contracting Parties undertake to provide each other with assistance

through their customs authorities in the interests of the prevention, investigation,

the Suppression and prosecution of all offences relating to breaches of customs

regulations in accordance with the provisions of this agreement.



Article 3



The scope of assistance



1. the assistance provided by its own initiative or at the request of the Customs authorities

some of the parties, as provided for in this agreement, will be

also cover the provision of information, which will allow for the application of tariff

rules and accurate assessment of customs duties, taxes, fees and levies on imports and

the export of goods. This information will concern in particular:



and) the measures in the fight against podloudnictví, which may be used

in the prevention of offences, in particular, special means of combating

Torts,



(b)) of the new methods used in committing offences,



c) knowledge and findings from the successful exploitation of new equipment

and techniques,



(d)) of improved procedures and methods of clearance of passengers and goods.



2. the assistance referred to in paragraph 1 shall be provided for use in all

proceedings conducted by the requesting contracting party, whether it be matters

judicial, administrative or investigative and shall relate in particular to the management of

concerning the findings of the classification, value, origin and other characteristics

goods needed for the implementation of the customs rules and proceedings involving

the imposition of fines, financial penalties, confiscation of assets and the fixing of the

damage.



3. the Customs authorities of the Contracting Party, unless this is contrary to their

national laws, will continue to work together to:



and create, develop or) improving specific training

programs for their workers,



b) creating and maintaining channels of communication between their administrations with

to ensure the secure and rapid exchange of information,



(c)) to facilitate effective coordination between their administrations, including the exchange of

workers, experts and the appointment of liaison workers



d) assessment and test new equipment or procedures,



e) simplification and harmonization of their customs systems and



(f)) of any other general administrative matters that could

require joint synergies.



4. This assistance shall not apply to applications for the incarceration of persons. Of this form of

assistance is also excluded the levying and forced recovery of customs duties, taxes, fees,

and benefits.



Article 4



Confidentiality of information and documents



1. Information documents and other communications obtained as part of a mutual

assistance may be used only for the purposes set out in this agreement, including

use in judicial and administrative proceedings.



2. With questions, information, documents and other communications obtained

the Customs authorities of either Contracting Party shall be treated as

confidential and in a country that receives them, they will be granted the same

protection of confidential information and official secrets, which applies in this

country for the same kind of information, documents or other information received

on their own territory.



Article 5



Communication applications



A. THE FORM AND NATURE OF REQUESTS FOR ASSISTANCE



1. applications related to this Agreement shall be made in writing. Documents

necessary for the execution of such requests must be attached to it.

If required by the urgency of the situation, may be accepted oral requests

but must be confirmed in writing immediately.



2. requests pursuant to paragraph 1 of this article shall contain the following

information:



and) the customs authority which submitted the request,



(b) the nature of the proceedings)



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



d) names and addresses of parties concerned, if known,



(e)), a brief description of the matter and legal facts with her

related.



3. Requests shall be submitted in the English language.



B. CHANNELS OF COMMUNICATION



1. Assistance will be implemented by way of direct communication between the competent

by the Customs authorities.



2. If the customs authority of the requested Contracting Party, the competent authority is not

for the execution of the request, the necessary consultations shall promptly transmit the

application to the competent authority, which shall dispose of the request in accordance with its

statutory powers, or the applicant customs authority shall communicate to the competent

procedure in the case.



Article 6



Execution of the request



1. The requested customs authority to which the request is made, it shall take all

appropriate measures for the execution of the request and, if necessary, will be

endeavour to implement any official or judicial steps necessary to

execution of the request.



2. the customs authority of any Contracting Party shall, upon request of the customs

authority of the other Contracting Party any necessary investigations, including hearings

experts and witnesses or persons suspected of having committed the offence, and performs

judicial verification, inspections, and investigations relating to the matters, the

covered by this agreement.



3. on request, the requested customs authority to which the request is made, in

as far as possible to allow workers the applicant customs authority

presence in the country of the requested Contracting Party to which the request is made, in

the case that its personnel must carry out investigation of offences relating to

the applicant customs authority.



4. At the request of the applicant customs authority will be notified of the time and

the site of the event, which will take place in connection with the application, in order to

coordination of such actions.



5. the staff of the applicant customs authority, the investigation of offences

may request that the staff of the requested Contracting Party explored

the volumes, registers and other documents or data carriers and took

of these copies or to provide any other information relating to the

tort.



6. the requesting customs authority does not use the evidence or information obtained under

This agreement for purposes other than those that are listed in the request, without

the prior consent of the requested customs authority.



Article 7



Exceptions to assistance



1. In cases where the requested Contracting Party considers that a

execution of the request would mean a violation of its sovereignty, security,

public order or other essential public interest or would violate

industrial and commercial secrecy, or the secrets of the profession, the assistance may be

rejected, or you can bind it on certain conditions

or requirements.



2. In the event that the request cannot be accepted, it must be the requesting contracting

the party of this fact immediately notified and must be informed

the reasons for refusal.



3. assistance may be postponed by the requested customs authority with evidence that

This could cause disruption of the ongoing investigation, prosecution or proceeding. In

such a case, the requested customs authority shall consult with the requesting

the customs authority to determine if assistance can be granted under such conditions that

the requested customs authority requires.



Article 8



Writings, documents and witnesses



1. the Customs authorities of the Contracting Parties, on request, provide documentation


relating to the transport and forwarding of goods with an indication of its value, origin,

disposition and destination.



2. Originals of files, documents and other materials that were requested may be just

in cases where copies would be insufficient. On special request must

be copies of such files, documents and other materials as appropriate

verified.



3. Originals of files, documents and other materials that have been transmitted,

must be returned at the earliest opportunity. The rights of the requested customs

authority or third party shall remain unaffected. The request will be

originals must be returned forthwith for decision-making or for similar

purposes.



4. at the request of the customs authority of one Contracting Party shall authorize the customs

authority of the other Contracting Party, at their discretion, if their staff with

by these workers agree to appear as witnesses in judicial or

administrative proceedings in the territory of the requesting contracting party and to submit

such writings, documents, or other materials, or authenticated copies thereof,

which may be considered important for the given control.



Article 9



The service of documents



1. the customs authority of each Party shall, on request of the customs authority

the other party documents the applicant customs authority. As proof of the

a delivery receipt of the addressee is used with the date of receipt or confirmation

describing the method and date of service.



2. The requested customs authority returns by way of proof of service options

described in the application. If the documents cannot be delivered or not delivered

in this manner, the applicant customs authority shall be notified to the

giving the relevant reasons.



Article 10



The cost of



1. the Customs authorities of the Contracting Parties shall waive all claims for the payment of

costs arising from the execution of the request, with the exception of the costs of witnesses,

fees for the experts and interpreters if the fees are not Government

employees.



2. If, in connection with the processing of an application incur significant

or the emergency nature of the above, the Customs authorities of the two Contracting

the parties may consult the conditions under which the request will be executed, and how

the reimbursement of these costs.



Article 11



Specific cases of assistance



1. on request, the Customs authorities shall inform each other about whether

goods exported or imported on the territory of the State of one Contracting Party has been

legally exported or imported into the territory of the other party. Information

on request include customs procedures used in customs control.



2. the Customs authorities of one Contracting Party at the request of the Customs authorities of the other

the Parties shall within their competences and specific options

supervision of:



and) means of transport suspected to have been used when

committing offences in the territory of the requesting contracting party,



(b)) the requesting Contracting Party of goods designated as the subject of an extensive

the illicit trade, whose destination is the Contracting Party,



c) specific persons who have committed offences or are

suspicious.



3. the Customs authorities of the Contracting Parties shall provide each other with all

the available information regarding activities that may result in committing

offences on the territory of the other Contracting Party. In cases where there may be

significant damage to the economy, the health of citizens, the security of citizens

or other vital interests of the other party, any such

information is provided without request.



4. for the purposes of the prevention, investigation and suppression of offences relating to

narcotic drugs and psychotropic substances to the Customs authorities of the Contracting Parties will, in

as much as possible without the submission of the request to disclose all of the information

regarding the possible violation of the customs legislation of the other Contracting Party.



Article 12



Tracked shipment



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

legislation, the Contracting Parties shall take the necessary measures within the

its possibilities to be appropriately utilized the possibility of controlled deliveries to

international level, on the basis of agreements and mutually agreed

arrangements, in order to identify the persons involved in the illegal

store traffic in narcotic drugs and psychotropic substances, and to be against

such persons to take legal measures.



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

case. If necessary and provided that such action is in the

accordance with the national legislation of the Contracting Parties, may

the Contracting Parties consider the financial arrangements and negotiated agreements.



3. the Illegal shipment, which controlled delivery is agreed to may be

with the mutual consent of the competent authorities intercepted and may further

continue with its content of narcotic or psychotropic substances, or

These substances may be partially or in its entirety is exempt or

replaced by.



4. This article shall be followed by all of the procedures laid down in this

by the agreement.



Article 13



Implementation Of The Agreement



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

and any doubt arising from the interpretation or implementation of this agreement

will be dealt with together.



2. the Customs authorities of the Contracting Parties may agree that their investigative

authorities have been in direct contact with each other.



Article 14



Entry into force and termination



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 on the sixtieth day

from the date of receipt of the last notification.



2. the Contracting Parties agree that customs authorities will meet to a common

the evaluation of this agreement and to solve other practical issues

concerning cooperation and synergy between them, at the request of

one of the Customs authorities, or after five years from its entry in the

force, if each other in writing to notify you that the evaluation is not

necessary.



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

the way and its validity will expire six months after the date of such notice

It was accepted by the other party.



In witness whereof, fully empowered to do so by their Governments, have signed the

This agreement.



Done at Jerusalem on 2 February 2005. September 1997, which corresponds to 1. Day of the year 5757, Elul

in three original texts, in Czech, Hebrew and English,

where all the texts are original. In the case of a difference in interpretation is

critical texts in the English language.



For the Government of the United States:



JUDr. Miroslav Karnik in r.



the Director-General



General Directorate of customs



For the Government of the State of Israel:



Prof. Yaakov Neeman in the r.



the Minister of finance