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
