299/1999 Coll.
The COMMUNICATION FROM the
Ministry of Foreign Affairs
Ministry of Foreign Affairs declares that on 22 November. April 1999 was in
The Oslo agreement signed between the Government of the United Kingdom and the Government of Norway
Kingdom on mutual assistance in customs matters.
Agreement entered into force, pursuant to article 21, paragraph 2. 2 day 8.
November 1999.
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 Norway on mutual
assistance in customs matters
The Government of the United Kingdom and the Government of the Kingdom of Norway (hereinafter referred to as "the Contracting
the parties '),
Bearing in mind that offences against the customs legislation acts negatively on the
economic, financial, social and commercial interests of their States;
Bearing in mind the importance of ensuring accurate for levying and collecting
Customs duties, taxes, fees and other levies on imports or exports,
goods, and also 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
the legislation could be spent more effectively by working together, their
the Customs authorities;
having regard to the existing friendly relations between the Czech Republic and
The Kingdom of Norway;
Desiring to enhance and supplement existing cooperation between
both Contracting Parties;
taking account of international instruments promoting the bilateral reciprocal
assistance and, in particular, the recommendation of the Customs Cooperation Council on mutual
administrative assistance of 5. December 1953;
Noting also the provisions of the United Nations Convention against
illicit traffic in narcotic drugs and psychotropic substances of 1988;
have agreed as follows:
The definition of the
Article 1
For the purposes of this agreement:
a) "customs legislation" provisions contained in the Act or in the regulations
relating to the importation, exportation or transit of goods, any provision of the
relating to taxation or to measures for prohibition,
restrictions or controls.
(b) "customs authority") in the Czech Republic Ministry of Finance-General
the Directorate of customs and in the Norwegian Kingdom of the Directorate of customs and Excise
taxes (Toll-og avgiftsdirectoratet).
(c)) "Tort" any violation of the customs rules and also attempt to
violation of these regulations.
d) "customs duties", all duties, taxes, and excise taxes, fees or charges which
are levied in connection with the application of customs legislation.
e) "requesting customs authority ' means the competent customs authority of a Contracting Party,
who asks for assistance in customs matters.
(f)) ' requested customs authority ' means the competent customs authority of a Contracting Party,
who has received a request for assistance in customs matters.
The scope of the agreement
Article 2
1. the Contracting Parties through their customs authorities in accordance with the
their national legislation and according to the provisions of this agreement
provide mutual assistance:
and) in order to ensure the correct application of customs legislation, in particular
the prevention, investigation and detection of breaches of customs legislation;
(b)) in the interest of accurate assessment of customs duties and the application of customs legislation
the basis of the mutual exchange of information;
(c)) in cases of delivery of documents or notification of decisions on
the application of the customs legislation.
2. Assistance will be provided under this agreement in accordance with the applicable
the legislation of the State of the requested Contracting Party and within the scope of,
the powers and possibilities of the requested customs authority. If necessary, the
the customs authority may ask for assistance any other competent authority in accordance with
the applicable national legislation.
Mutual assistance
Article 3
1. assistance will be provided directly between the Ministry of Finance-General
the Directorate of customs in the Czech Republic and the Directorate of customs and Excise
taxes in the Norwegian Kingdom.
2. the Customs authorities shall on its own initiative or on request, provide
all material information relating to activities that may lead to
offences on the territory of the other Contracting Party.
Article 4
The Customs authorities shall, on request, provide each other with all the information,
which it will be possible to ensure the accuracy of:
and the collection of customs duties and) when the exact determination of the customs value of the goods and the findings
its tariff classification;
(b)) in the application of import and export prohibitions and restrictions;
(c)) in determining the mode of transport on the basis of the transport documents
identifying the value, nature and the place of destination of the goods.
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
related to a breach of customs legislation, in particular concerning:
and) people, that are known or suspected to infringe or
have infringed valid customs legislation of the other Contracting Party;
(b)), new methods and means used in breaches of customs
legislation;
(c)) the goods or movement of goods, which is known to be the subject of
breaches of customs legislation;
(d) means of transport and containers) in which there is reason to
believe that they have been or could be used in breach of customs
regulations.
Article 6
The Customs authorities shall provide each other with any information on whether:
and) goods imported into the customs territory of one Contracting Party have been exported from the
the customs territory of the other Contracting Party in accordance with the customs legislation;
b) goods exported from the customs territory of one Contracting Party has been brought into a
the customs territory of the other Contracting Parties in accordance with the customs legislation, and to
out the customs procedure was eventually released.
Article 7
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 results of the investigation,
reports, records from the records or certified copies of the documents containing the
all available information on the activities, as identified, and
planned which are or could be the subject of the offence against the
the customs legislation in force in the territory of that Contracting Party.
2. If the requested customs authority does not have the requested information, it tries to
to obtain, in accordance with national legislation.
3. 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 at the earliest opportunity.
4. the information referred to in this agreement may be granted for the same purpose
electronically in any form. At the same time will be provided
all relevant data for the interpretation or utilisation of these
information.
Supervision
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 party performs the supervision of:
and) movement of persons, which are known or are suspected of having committed
offences against the customs legislation in force in the territory of the other Contracting
party;
(b)) means of transport and containers for which it is known or there is a
suspect they have been or are being used in violation of the customs legislation;
(c)), the movement of goods, which is known to be subject to breaches of customs
regulations or there is suspicion.
The investigation
Article 9
1. at the request of the applicant customs authority, the requested customs authority shall initiate
official investigations concerning operations which are or may be in the
contrary to the customs legislation in the territory of the State of the requesting contracting
party. The results of such investigation shall be communicated to the applicant customs
authority.
2. The requested customs authority may, on specific request, allow officials
the requesting contracting party be present during this investigation.
3. If the representatives of the customs authority of one Contracting Party in accordance with
This agreement, present in the territory of the other Contracting Party, shall be
at any time able to provide proof of your official permission. Must not be in
uniform nor carry arms.
Tracked shipment
Article 10
1. the "Tracked the shipment" means the illegal or suspicious shipments
narcotic drugs or psychotropic substances or substances that replace,
that they can move into, through or from the territories of the States of the Contracting
party with the knowledge and under the supervision of their competent authorities, with a view to
establishing the identity of persons involved in the illicit transport of narcotic drugs
or psychotropic substances.
2. the Customs authorities may, by mutual agreement and in the framework of their
powers of designated by national law to use monitored
the shipment for the purpose of establishing the identity of persons involved in the offense.
If it is not a decision on the use of controlled deliveries in the powers of the customs
authority, the authority finds the assistance of the national authorities with such
case such powers or authority.
3. with the agreement of the competent authorities may be illegal shipments, which
It is agreed that the use of controlled deliveries, detained and subsequently left,
to continue with the illegal goods in the unaltered state or have been
removed or replaced in whole or in part.
4. the decision on the use of controlled deliveries will be made on a case by
the case and can, if necessary, take into consideration financial arrangements
and arrangements between the competent national authorities.
Delivery and notification
Article 11
At the request of the applicant customs authority, the requested customs authority
all the necessary steps in accordance with the applicable national law,
regulations in order to deliver all documents, or announce any
decisions within the scope of this agreement to individuals residing or
legal entities located on the territory of the requested Contracting Party.
Form and content of requests for cooperation
Article 12
1. Requests pursuant to this Agreement shall be made in writing. Information or
the documents necessary for the fulfillment of such a request, the request must be
enclosed. If it's due to the urgency of the situation required, can be
accept oral requests, but must be confirmed immediately
in writing.
2. applications made under paragraph 1 of this article shall contain the following
details:
and) the applicant customs authority;
(b)) the action requested;
(c) the subject and reason for the request);
(d)), a brief description, relevant legislation and other legal
standards;
(e)) the most accurate and detailed as possible on the natural or legal
the persons who are the subject of the investigation;
(f)) for an overview of the relevant facts and investigations already carried out, unless the
the cases referred to in article 11.
3. The application shall be made in English or in another language accepted by the
both customs authorities. The information, documents and other communications between customs
authorities shall be circulated in the original language and in English, or 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; However, this must not delay the measures, which must
be taken immediately.
The obligation to maintain the confidentiality of
Article 13
1. information obtained shall be used only for the purposes of this agreement and may
be used for any other purpose only on the express written
the consent of the customs authority which furnished the information.
2. Any information communicated in whatsoever form under this agreement
are confidential or secret nature. Will be subject to professional secrecy and
will be protected as the same kind of information according to the applicable national
legislation on the territory of the State party that it is adopted.
3. the Customs authorities may, in accordance with the purpose and within the scope of this agreement to use the
as evidence information obtained and documents in their records of evidence, reports and
testimonies and in proceedings and charges brought before the courts.
Protection of personal data
Article 14
1. "personal data" means any information relating to the
specific person or to the person whose identity can be determined.
2. in accordance with the national legislation of the Contracting Parties will be
protection of personal data is subject to the following conditions:
and personal) acquired data will be used only for the purposes and under the conditions
provided for by the requested customs authority. The requested customs authority may
specify additional restrictions on the use of personal data, if
intended use threatened the protection of personal data of the person concerned, or
any other way would be contrary to the legislation in force
on the territory of the requested Contracting Party;
(b) the personal information is not passed), as soon as there is a well founded
reason to believe that the transmission of data or their use would be in the
contrary to the basic legal principles of one of the Contracting Parties, and
in particular if the person concerned suffered disproportionate damage. On request
the customs authority providing personal information to the customs authority which is
received, providing the customs authority on the use of the acquired
information and the results achieved;
c) personal information may only be passed to the Customs authorities and other
the authorities of the State administration and, as appropriate, if it were necessary for the purposes of
also, criminal prosecution, prosecutors and the judicial authorities. Such
information will not be disclosed to persons other than those that are supposed to use
for these purposes. Others will be made known only in the case of the
providing the authority expressly agrees and legislation binding on the
the authority that such information gets, so allow;
(d)), the requested customs authority shall verify on the validity and the correctness of the
personal data to be passed to it. In the case that the requested customs
authority finds that incorrect data have been transmitted or data that
due to their nature, must not be passed to that effect
immediately inform the recipient of the data. The recipient must ensure
repair information or, if necessary, destroy, erase or return
These personal data;
e) inaccuracy or incomplete data or information that do not have the importance
will be corrected or deleted from the customs authority on its own initiative or at the
demand;
f) personal data will be kept in an approved registration and effectively protected
before publication, alteration, destruction, damage and unauthorised
access;
g) personal data will be erased if the need ceases to exist for
their use.
Experts and witnesses
Article 15
1. The Customs authorities may authorize its officials, upon request, to
as witnesses or as experts in judicial or administrative proceedings in the
relating to the matters in this Agreement revised, that are in the
the scope of these customs authorities, and to provide such evidence,
objects, documents or authenticated copies thereof, as may be for the
management needed. The requirement to participate in the proceedings must clearly state what
matters and in what role has this official.
2. An official who has to withdraw as a witness or expert has the right to
refuse to give testimony or a statement, if it is authorised or
obliged to do so under the laws of its State, or the laws of the requesting
the Contracting Parties.
Exemptions from the obligation to provide assistance
Article 16
1. If the requested cooperation sovereignty, public
policy, security or other essential interests of the requested Contracting Party or
There would be a violation of the State, industrial and commercial secrecy or
the secrets of the profession, assistance may be refused, or granted in part
aid conditional on the fulfilment of certain conditions or requirements.
2. If you will not be able to be a request for assistance is granted, it will be about
the applicant customs authority shall be informed without delay and be informed of the
the reasons for refusal to provide assistance.
3. If the customs authority of one Contracting Party requests assistance which it would itself be
was not able to provide if it was requested by the customs authority
the other Contracting Party, shall draw attention to that fact in its request.
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 will be entitled to reimbursement
the costs incurred by the implementation of this agreement, with the exception of expenditure on
experts and witnesses in accordance with article 15 of this agreement, and interpreters, and
translators who are not public service employees.
Territorial application of
Article 18
The provisions of this Agreement shall be applied on the customs territories of the States
of the Contracting Parties.
Article 19
The implementation of this Agreement shall be entrusted to the Customs authorities of the Contracting Parties. For
to that end, the Customs authorities shall mutually agree on the practical
measures and arrangements necessary for the implementation of this agreement.
Article 20
At the request of one of the Customs authorities of the Contracting Parties, the Customs authorities of the
gather for the purpose of assessing the present agreement or discussion of customs questions
that may result from the implementation of this agreement. A Contracting Party may
to change or amend this agreement by mutual consent.
Entry into force and duration
Article 21
1. the Contracting Parties shall notify each other through diplomatic channels that the
meet all the requirements of the national legislation for the
the entry into force of this agreement.
2. this Agreement shall enter into force 60 days after the receipt of the last
the notification.
3. each Contracting Party may terminate this agreement at any time by giving written
notification through diplomatic channels. The validity of the agreement after the expiry of the
six months after the receipt of such notification by the other party.
In witness whereof, the duly empowered to do so, have signed this agreement.
Done at Oslo, on 22 November. April 1999 in two original copies in the language
the English.
For the Government of the United States:
JUDr. Miroslav Karnik in r.
Director General of the General Directorate of customs
For the Government of the Kingdom of Norway:
Frida Nokken in r.
Director General of the Customs Administration
