The Negotiation Of The Memorandum Of Understanding On Customs With Great Britain

Original Language Title: Sjednání Memoranda o porozumění v celnictví s Velkou Británií

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25/1997.



The COMMUNICATION FROM the



Ministry of Foreign Affairs



Ministry of Foreign Affairs says that the 17 November. November 1995 was

in Prague, signed a Memorandum of understanding between the Government of the United Kingdom and

the Government of the United Kingdom of Great Britain and Northern Ireland concerning mutual

administrative assistance of their customs administrations.



The memorandum entered into force pursuant to its article 23 para. -1 day ago

September 19, 1996.



The Czech text of the Memorandum shall be published at the same time.



THE MEMORANDUM OF UNDERSTANDING



between the Government of the United Kingdom and the Government of the United Kingdom of great

Britain and Northern Ireland concerning mutual administrative assistance of their customs

administrations



The Government of the United Kingdom and the Government of the United Kingdom of Great Britain and

Northern Ireland:



aware that violations of customs legislation are prejudicial to 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 in connection with the importation or exportation of goods, and

correctly apply legislation on prohibitions, limitations and control;



convinced that the close cooperation between their customs administrations will contribute to

the prevention of breaches of customs legislation and to achieve greater accuracy

When the levying 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 8. June 1971, and the United Nations Convention against illicit

traffic in narcotic drugs and psychotropic substances concluded in Vienna on 20 April. December

1988;



came to this agreement:



The DEFINITION of the



Article 1



For the purposes of this memorandum, shall mean:



and ' Party '), one of the States, whose Government signed the memorandum;



(b)) "Customs Administration" in the Czech Republic-Ministry of Finance-General

the Directorate of customs and the United Kingdom of Great Britain and Northern

Ireland Royal authority for customs and indirect taxation;



c) "customs legislation" laws and other generally binding legal regulations,

which the Customs authorities are responsible;



(d)) the term "tort" means any violation or attempted violation of customs

legislation;



e) "person" means both natural and legal persons, unless the context

requires otherwise.



THE SUBJECT AND FORMS OF COOPERATION



Article 2



1. the Parties shall provide mutual assistance in accordance with the provisions of this

the memorandum, through their respective Customs administrations:



and in order to ensure proper compliance with) the customs legislation;



(b)) to prevent, examine and suppress the customs offences;



(c)) in cases relating to the handover of the documents on the application of the tariff

regulations.



2. Assistance under this MOU will be provided in accordance with the legal

of procedure of the requested Party and within the scope of, and available resources

the relevant customs administration.



3. This memorandum does not allow the requested party to recover duties, taxes and other

fees imposed by the requesting party.



4. the Parties shall, if they consider it necessary, and if it is not contrary to

their legal system, to cooperate also in the following areas:



and) facilitate the effective coordination between the parties, including the exchange of experts and

the credentials of the officials maintain direct contact in the performance of tasks arising from the

This memorandum;



(b)), to develop and improve the implementation of special training programs

for your staff.



Article 3



The customs administrations of both parties shall provide each other with the list of goods that would

could be the subject of illegal trade between their respective territories. These

the lists will be updated as needed.



Article 4



The customs administration of one party shall, at the request of the customs administration of the other

party information relating to the following matters:



and) whether goods imported into the territory of the requesting State from the territory of

of the requested State exported in accordance with the law;



(b)) whether goods exported from the territory of the requesting State was imported into the territory of the

of the requested State, in accordance with the Act, and the customs procedure, there

was released, if released.



Article 5



1. the customs administration of a party shall provide at its own initiative or at the

the request of the customs administration of the other party's message and all available information

concerning the activities carried out or planned, the effect of which

could be a customs offence on the territory of the other party.



2. where the customs administration of the requested Party does not have the requested information, it shall take

at its own discretion and in accordance with the provisions of its tariff

the laws of the steps in order to obtain this information.



Article 6



The customs administrations of both parties will inform each other of the newly detected

the methods and means used in the podloudnictví. They will send you

copies of or extracts from the reports that describe the specific methods used.



Article 7



The documents referred to in this memorandum may be replaced by data on media

information created for this purpose in any form allowing

processing or transfer. All material information relating to the

the interpretation or use of the material should be passed at the same time.



Article 8



1. Original files and documents shall be requested only in cases

When the certified copies were considered inadequate.



2. original files and documents shall be sent forthwith to the returned

If they do not have to.



THE SCOPE OF COOPERATION



Article 9



1. The customs administration of a party on its own initiative or on the basis of

the written request of the customs administration of the other party and in accordance with their

law, carries out supervision over:



and persons) there are substantial grounds for believing that they are breaching

or have breached customs legislation;



(b)), the movement of goods, which is known that could lead to substantial

violation of customs legislation;



c) means of transport and containers, about which there is serious

the presumption, that have been, are or may be used in breach of customs

regulations.



2. The results of these findings will be communicated to the customs administration of the other party.



Article 10



1. the customs administrations of both parties, to strengthen the prosecution of illegal trade

traffic in narcotic drugs and psychotropic substances, on request or on its own

the complaint shall communicate as soon as possible all information relating to:



and) of persons who are suspected or known to be involved in the

illicit trafficking in narcotic drugs and psychotropic substances;



(b)) of all means of transport, which are known or which exists

believing that they are used for the illegal transport of narcotic drugs and

psychotropic substances;



c) identified successful methods and podloudnických of new methods for their

the detection.



2. the information referred to in paragraph 1 of this article shall be communicated to the

through a specially designed places mutually agreed by both

Customs administrations.



Article 11



1. at the request of the customs administration of one party performs the customs administration of the other

Parties in accordance with their laws, all official investigations

concerning operations which are or appear to be in breach of customs

the legislation of the requesting party. The results of these investigations without delay

notified to the customs administration, which asked for them.



2. If the request Cannot be satisfied wholly or in part, the requesting

Customs must be notified without delay in writing.



Article 12



Officials of the customs administration of a party entrusted with the investigation

Customs offences, may, with the agreement of the customs administration of the other party

present during the investigation and the detection of customs offences, administered by the

the territory of the requested Party when the following Customs offences are interested in customs

management of the requesting party.



THE USE OF INFORMATION AND DOCUMENTS



Article 13



1. The information obtained, the communication and the papers will be used exclusively for

the purpose of this MOU, except in cases where:



and the customs administration of one party) is obliged by its customs legislation

to inform either the competent authorities of any other State or the customs

Union or both of customs offences or suspected offences; or



(b)) the customs administration of the providing party can expressly in writing their agreement with the

Another use, if the laws governing the administration of the requested

other parties, such a use permit.



2. applications, information, messages, and other communications transmitted to experts

the customs administration of a party under this MOU will be provided

the same protection as is provided by similar documents and information

under the law of the receiving party.



Article 14



1. The customs administration of the recipient Party may, in accordance with the purposes and to the extent

This memorandum use in your minutes of evidence, reports and

testimonies in court proceedings and legal actions as evidence information and

documents obtained under this MOU.



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

that they will be attributed, shall be determined in accordance with the laws of the

the receiving party.



Article 15



Information relating to all matters under this MOU will be

communicated only through their officials responsible for customs

Administration.



DELIVERY NOTIFICATION



Article 16



1. at the request of the customs administration of one party to the other customs administration

party delivers physical person or persons residing or legal person, or


persons residing on its territory documents relating to the proceedings and shall notify them of

the decision of the competent authorities of the requesting party in the application of its

the customs legislation.



2. service of the documents referred to in this memorandum shall be governed by the laws

the legislation of the requested Party, including all the relevant

international treaties by which it is bound by the requested Party. Request for service

shall be accompanied by a brief content of the document.



3. If the requesting party's wish, may be effected

in a special way, provided that the procedure corresponds to the

the laws of the requested Party.



4. Proof of service may take the form of confirmation dated and authenticated

responsible person or a certificate issued by the competent authority of the requested

by verifying the manner and date of service.



EXCEPTIONS TO ASSISTANCE



Article 17



1. Considers the customs administration of a party that the assistance requested would

could interfere with its sovereignty, security, public order or other

essential interests, including commercial and economic, can

refuse to provide this assistance, or you can provide only the

the basis of the fulfilment of certain conditions.



2. If assistance is refused, the decision and the reasons for the refusal must be

the requesting customs authorities shall immediately be communicated to it in writing.



Article 18



Where the customs administration of one party requests assistance which it could not

provide if it was alone by the customs administration of the other party

requested, that fact in its request. Compliance with such

the request will then be fully on the decision of the party to which the request was

assistance made.



THE PROVISIONS ABOUT THE VISITS OF OFFICIALS



Article 19



If under the terms of this Memorandum will be the representatives of the

the customs administration of one party are present in the territory of the other party, shall be

always able to submit proof of their seniority. They may not be in the

uniform and may not carry a weapon.



EXPERTS AND WITNESSES



Article 20



The customs administration of one party may, at the request of the customs administration of the other party

authorize its officers to appear as witnesses or experts in

with regard to customs offences in judicial or administrative proceedings in the territory of

the other party and to provide such writings, papers or other materials

or certified copies thereof, they uncovered in their business

activity. The request for appearance must clearly indicate what the case

It is, and what the role of the officer is to be queried.



EXPENDITURE



Article 21



The parties hereby waive compensation expenses related to the implementation of the memorandum

except for expenses to experts and witnesses, interpreters and translators, who

not employed in the State administration.



GENERAL AND FINAL PROVISIONS



Article 22



1. This memorandum will apply to the territory of the Czech Republic and the

the territory of the United Kingdom of Great Britain and Northern Ireland.



2. the aid granted on the basis of this Memorandum will be provided directly

between customs administrations of both parties.



3. the customs administrations of both parties shall jointly agree on the details of the

relating to the implementation of this MOU.



4. the customs administrations of both parties shall meet in order to review the conditions

This memorandum at the end of the five-year period from the date of this entry

force, if they agree in writing that such a review

It is not necessary and that will resolve all the contradictions that could arise.



THE BEGINNING AND END OF VALIDITY OF THE



Article 23



1. This memorandum shall enter into force on the date on which the parties exchange

diplomatic notes to each other have indicated that the assumptions required for the

entry into force were under the national law of each party are met.

This memorandum shall enter into force on the date of receipt of the later of the two

announcements and closing for an indefinite period.



2. Either party may terminate the memorandum in writing through diplomatic

along the way. In this case, the memorandum shall cease to be valid on the last day

the sixth month following receipt of the notification of denunciation.



The above text is an expression of the agreement between the Government of the Czech Republic and

the Government of the United Kingdom of Great Britain and Northern Ireland.



Signed in Prague on 17. November 1995 in two of the original

copies, each in the Czech and English languages, both texts having

the same force.



For the Government of the United States:



JUDr. Miroslav Karnik in r.



Director General of the General Directorate of customs



The Government of the United Kingdom of Great Britain and Northern Ireland:



Valerie Strachan in r.



the head of the Customs Administration

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