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The Government Of The Republic Of Latvia And The Government Of Georgia To The Treaty On Mutual Assistance In Customs Matters

Original Language Title: Par Latvijas Republikas valdības un Gruzijas valdības līgumu par savstarpēju palīdzību muitas lietās

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The Saeima has adopted and the President promulgated the following laws: For the Government of the Republic of Latvia and the Government of Georgia to the Treaty on mutual assistance in customs matters article 1. July 5, 2000 in Tbilisi signed by the Government of the Republic of Latvia and the Government of Georgia, the agreement on mutual assistance in customs matters (hereinafter referred to as the Treaty) this law is adopted and approved. 2. article. The law shall enter into force on the date of its promulgation. To put the contract in law Latvian and English. 3. article. The agreement shall enter into force for the period specified in article 19 and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". The Parliament adopted the law of 16 November 2000. State v. President Vaira Vīķe-Freiberga in Riga 2000 on December 6, the Government of the Republic of Latvia and the Government of Georgia, the agreement on mutual assistance in customs matters, the Government of the Republic of Latvia and the GOVERNMENT of Georgia, hereinafter referred to as the parties, recognizing that the customs law violations is hurting both economic and social, as well as the legitimate interests of trade; Taking into account the customs, tax and other levies on imported or exported goods, the levy collected precise and correct taxation law provision of any prohibition, restriction and control, the importance of application; Convinced that measures to prevent infringement of the customs legislation and greater accuracy in the collection of customs duties could be made more effective through the customs administration of the two countries ' close cooperation. Referring to the Customs Cooperation Council of 5 December 1953, the recommendation on mutual administrative assistance; Referring ALSO to the United Nations within the Convention on narcotic substances (30.03.1961., New York), and the Convention on psychotropic substances (21.02.1971., Vienna) and the United Nations Convention on illicit traffic in narcotic drugs and psychotropic substances (19.12.1988., Vienna); Have agreed upon the following: definitions article 1 This Treaty objectives: 1. ' customs legislation ' shall mean provisions laid down by law or regulation governing the import, export and transit of goods and other customs procedures relating either to the Customs and other taxes, duties or charges levied by the Customs authorities, or to the prohibition, restriction or control measures. 2. "irregularity" means any customs law violation or any attempted violation. 3. "customs authority" in the Republic of Latvia State revenue service's main customs administration and Georgia — tax income of the Customs Department of the Ministry. 4. "requesting customs authority ' shall mean the competent customs authority which requests assistance in customs matters. 5. ' requested customs authority ' means the competent customs authority from which assistance is being sought in customs matters. 6. "controlled delivery" means the technique of allowing the banned or suspect in the illicit manufacture of narcotic drugs and psychotropic substances, as well as alternates, weapons, munitions, explosives, toxic gases or radioactive substances in cargo delivery, through the suspension or into the territory of the parties under the supervision of the competent authorities, focusing on the identification of persons involved in the illicit manufacture of narcotic drugs and psychotropic substances moving in. The scope of the agreement article 2 1 the parties through their customs administrations, and in accordance with the terms of this agreement give each other mutual assistance: (a)) in order to ensure proper compliance with customs legislation; (b)) to prevent, investigate and combat customs legislation; c) cases due to the delivery of documents relating to the application of customs legislation. 2. assistance under this agreement will be provided according to the law of the requested State and legislation, available resources and competences. If necessary, the customs authority may be arranged, in accordance with the request of the requested State the applicable legislation, will provide assistance to the other competent authority of the requested Party. Exchange of information article 3 1. the Customs authorities shall, on request, provide each other with all the information to ensure accuracy in: a the) Customs and other taxes, duties and charges levied by the Customs authorities, and particularly information that might help determine the customs value of the goods and the customs tariffs; b) import and export ban and restrictions; (c)) the origin of the goods in the application of national rules which do not include other agreements that would be entered into one or both of the parties. 2. If the requested customs authority does not have the information requested, it shall, at its sole discretion will collect news, to get this information, depending on the requested country's customs laws. 3. the requested customs authority shall obtain the necessary information in good faith, as do their interests. Article 4 the Customs authorities, on request, provide each other with any information on whether: (a)) goods imported in the territory of one of the parties have been properly exported from the territory of the other party; b) goods exported from the territory of one of the parties have been properly imported into the territory of the other party; (c)) of items provided preferential treatment for export from the territory of one of the parties is a time imported into the territory of the other party, in addition, provides information about any customs control measures applied to those goods. Article 5 the customs authority of one party, on its own initiative or on request, provide the customs authority with all the necessary information that could be used in connection with breaches of the customs legislation, in particular as regards: (a) known or suspected) parties involved in the territory of the other party to the customs legislation in force notwithstanding; b) new ways and means that are used for the illegal movements of goods; c) items that are illegal transfer objects; d) vehicles which are known or suspected of being used in the territory of the other party to the customs legislation in force notwithstanding; e) known or suspected sites, which are used in the territory of the other party to the customs legislation in force notwithstanding. 6. Article 1. On its own initiative or at the request of the customs administration of one of the parties, the delivery of the messages, the testimony approved protocols or copies of documents, providing all available information on the measures taken or planned transactions which contain or could contain an offence against this part of the territory of the customs legislation in force. 2. the testimony of the Protocol and the original document will be requested only in cases where certified copies will not be sufficient. Get things and documents will be returned at the earliest possible date. Article 7 in accordance with this contract documents can be replaced with any form of computerised information for the same purpose. At the same time must also use all material in interpretation or requires information. Persons, goods and vehicles monitoring article 8 of its competence and, where possible, on their own initiative or by the Customs authorities, at the request of one of the parties, the Customs Office will conduct surveillance of: (a)) known or suspected movement of persons, in particular the entry into and exit from its territory, which involved in the territory of the other party to the customs legislation in force notwithstanding; b) vehicles which are known or suspected of being used in the territory of the other party to the customs legislation in force notwithstanding; (c)) of goods which the customs authority is recognized as the most frequently used significantly in moving the illegal importation or removal from its territory or for which an illegal move is suspect. Controlled delivery article 9 1. If permitted by the basic principles of the national legal systems, the Parties shall, within its capabilities, will take all necessary measures to control the supply of the used at the international level, on the basis of the contracts that are members of both parties, focusing on the identification of persons involved in the illicit manufacture of narcotic drugs and psychotropic substances, as well as alternates, weapons, munitions, explosives, toxic gases or radioactive substances, and to the legal removals stock for these persons. 2. the decision on the application of controlled delivery will be taken in each individual case. If necessary, the parties may take into account the financial measures and already reached, if such practices are in conformity with the national legislation. 3. Restricted the movement of goods, for which the controlled delivery has been agreed, with the consent of both customs authorities may stop or allow to move further with the illicit manufacture of narcotic drugs and psychotropic substances, as well as alternates, weapons, munitions, explosives, toxic gases or radioactive substances, or replacing, in whole or in part. 10. The INVESTIGATION article 1. According to the request, the requested customs authority shall clarify all the circumstances of the transaction that is, or may be seen as conflicting with the requesting party's territory, the applicable legislation in force. The results of such investigation it will be communicated to the requesting customs authority. 2. This investigation will take place in accordance with the legislation in force in the request the receiving party's territory. The requested customs authority will act in good faith, as though it were acting on its behalf. 3. the requested customs authority may allow officials of the requesting party to participate in such investigations. Experts and witnesses article 11 1. If, due to the breaches of the customs legislation of one of the parties, the Court or other authorities which deal with these violations, at the request of the other party, the customs authority may authorize its officials to give testimony or to speak as experts in the courts or other institutions. In the framework of their duties such officers will provide evidence of facts in their possession. 2. the authorising experts and witnesses, the task is to identify the nature of the case and invite the officials. Customs officials joined in on the experts and witnesses in accordance with the territories of the current legislation. The use of information and documents article 12 1. information, documents and other communications received in accordance with the terms of this agreement, may be used only for the purposes provided for in this agreement, unless the Customs Office, which sent them, has given written consent to use it for other purposes. These provisions do not apply to information, documents, and notices of infringement relating to narcotic and psychotropic substances, as well as alternates, weapons, ammunition, explosives, poisonous or radioactive substances. 2. any information that the provisions of this agreement in any form has been submitted will be confidential. It must be subject to professional secrecy and the same kind of information and documents, which are provided for in accordance with the requested party's laws in force in the territory. 3. in accordance with the provisions of this Treaty and in accordance with the objectives of the customs authority may, in its fixed in their records of evidence, reports and testimonies and in protocols, as well as pleadings and Court the indictment submitted to use as evidence information and documents obtained, on the basis of this contract. Such information and documents as evidence in court, and the use of that information and documents are to be granted must be determined in accordance with national legislation. Transmission/disclosure Article 13 on the basis of the application, the requested customs authority shall, in accordance with the legislation in force in the territory of the requested Party, send/izziņo for natural or legal persons involved living or located in its territory, all documents and decisions, which are subject to this agreement, and obtained from the applicant customs authority. Assistance request FORM and the essence of article 14 1. request pursuant to this agreement must be drawn up in writing. The request shall be accompanied by documents required for the execution of such requests. Because of the immediacy of the situation can be made even an oral request, but then, it must be confirmed immediately in writing. 2. Requests pursuant to this article, the first paragraph should contain the following information: a) the Customs Office who made the request; (b) the measures requested); (c)) and the object; (d)), the law and other regulations; e) exact and comprehensive as possible signs of those natural or legal persons subject to investigation; (f) summary of the facts) useful, except in the cases provided for in article 12. 3. the request must be submitted to the State of the requested Party, in English or in another language acceptable to the requested customs authority. 4. If a request does not meet the formal requirements, then it may be requested for corrections or processing without affecting the execution of the request. The exceptions to the OBLIGATION in article 15 1. If requested, the Administration considers that the requested assistance can harm the sovereignty, public policy, security or other essential public interest, or it is associated with industrial, commercial or professional secret infringement, such a request can be rejected, partially realized or executed, provided that specific conditions are met and requirements. 2. If a request for assistance cannot be met, then the requesting customs authority it will be notified immediately, and it will be informed of the reasons for the refusal. Costs article 16 the parties ' customs authorities let go of all the requirements for the reimbursement of expenditure incurred in the implementation of this agreement, excluding expenditure, experts, witnesses and interpreters who are not State employees. The provision of assistance article 17 1. under this agreement, customs authorities will provide mutual assistance to each other. 2. the Customs authorities of the Parties shall mutually agree on the detailed measures for the implementation of the Treaty. 3. the Customs authorities of the Parties shall endeavour by mutual consent to tackle any problem or dispute arising from the interpretation or application of this agreement. Issues which are not agreed, are dealt with through diplomatic channels. In the room of the contract article 18 of this Treaty shall apply to the customs territory of the two parties. The entry into force of the agreement and termination article 19 1. contracts shall be concluded for an indefinite period. 2. through diplomatic channels, the Parties inform each other that all the internal requirements necessary for the Treaty to enter into force have been met. The contract shall enter into force on the 60th day following receipt of the last notification. 3. This agreement may be terminated by written notification through diplomatic channels, and it shall cease to apply six months after such notification is received by the other party. The agreement signed in Tbilisi on 5 July 2000, in duplicate, in Latvian, Georgian and English languages, in addition, all texts being equally authentic. In the event of any dispute, the interpretation of this agreement, you will be taken on the basis of the English text.

The Republic of Latvia, on behalf of the Government of Georgia, on behalf of the Government of the agreement between the Government of the Republic of Latvia and the Government of Georgia Regarding Mutual assistance in Customs Matters to the Government OF the REPUBLIC OF Latvia AND the Government OF Georgia, hereinafter referred to as the parties, CONSIDERING that the offenc against customs legislation by question 2(a) the to the economic and social interests of their countries as well as the respectiv to the interests of a legitimat trade; CONSIDERING the importanc of assuring the accurate assessment and collection of customs duties, other taxes, fees or charges on importation or exportation of goods, as well as the proper implementation of the provision of prohibition, restriction and control; CONVINCED that efforts to prevent the offenc against customs legislation and efforts to ensur the accurate collection of import and export duties and taxes can be rendered more effective through co-operation between their customs authorities; HAVING REGARD TO the Recommendations of the customs co-operation Council on mutual administrative assistance of December 5, 1953; HAVING REGARD also TO the provision of the single Convention on Narcotics Drugs (New York, 30 March 1961), the Convention on Psychotropic substances (Vienna, 21 February 1971), drawn up under the auspic's of the United Nations Organisation as well as the United Nations Convention against Illicit Traffic in Narcotics Drugs and Psychotropic substances (Vienna, 19 December 1988); Have AGREED AS follows: article 1 DEFINITION For the purpose of the present agreement: 1. "customs legislation" shall mean provision laid down by law or regulation concerning the importation, exportation, transit of goods or any other customs procedure, customs duties relating to whethers, other taxes, fees or charges levied by Customs authorities, or the measure of prohibition, restriction or control. 2. "Offenc" shall mean any violation of the customs legislation as well as any attempt of violation of such legislation. 3. "Customs Authority" shall mean for Georgia, the Customs Department of the Ministry of taxes on Income and for the Republic of Latvia, the State Revenue Service National Customs Board (State revenue service's main customs administration). 4. "Requesting Customs Authority ' shall mean the competent Customs Authority of a Party to, which makes a request for assistance in customs matters. 5. ' Requested Customs Authority ' shall mean the competent Customs Authority of a Party to, which receive a request for assistance in customs matters. 6. "Controlled delivery" shall mean the technique of allowing illicit or suspect consignment of narcotics drugs, psychotropic substances or substances substituted for them, weapon, ammunition, gas poisono, explosive and radioactive material, to pass out of, through or into the supervision of their competent authorities, with a view to their identifying persons involved in the illicit trafficking of narcotics to drug and psychotropic substances. Scope OF agreement article 2 1. The Parties shall, through their customs authorities and in accordanc with the provision set in this agreement, render each other mutual assistance: (a)) in order to ensur that customs legislation is properly followed; (b)) in order to prevent, and combat the offenc investigat against customs legislation; (c)) in cases concerning delivery/notification of documents regarding the application of customs legislation. 2. Assistance within the framework of this Agreement shall be rendered in accordanc with the legislation in force in the territory of the requested Party and within the competence and resources of the requested Customs Authority. If cessary, not a Customs Authority can arrang for assistance to be provided by another competent authority, in accordanc with the legislation in force in the territory of the requested Party. COMMUNICATION OF INFORMATION article 3 1. The Customs authorities shall upon request, supply to each other all information, which may help them in: (a) the accuracy of ensur) the collection of customs duties, other taxes, fees and charges levied by Customs authorities and, in particular, information which may help to assess the value of goods for customs purpose and establish their tariff classification it; (b)) the implementation of import and export prohibition and restriction; (c)) the application of national rules of origin not covered by other arrangements concluded by one or both of the parties. 2. If the requested Customs Authority does not have the information asked for, it shall seek that information in accordanc with the legislation in force in the territory of the requested Party. 3. The requested Customs Authority shall seek the information as if it was acting on its own account. Article 4 the Customs authorities shall upon request, supply to each other the following information: (a) goods imported whethers) into the territory of one Party have been lawfully exported from the territory of the other Party; (b) goods exported whethers) from the territory of one Party have been lawfully imported into the territory of the other Party; (c) goods which are the whethers) granted a favourabl treatment upon exportation from the territory of one Party have been duly imported into the territory of the other Party, it being understood that information shall also be provided on any custom control measure to which the goods have been subjected. Article 5 the Customs Authority of the Party shall, on its own initiative or upon request, supply to the Customs Authority of the other Party all information likely to be of use to it relating to the custom of the offenc against legislation and, in particular, regarding: (a) persons known or suspected of) committing or having committed an offenc's against the customs legislation in force in the territory of the other Party; b) new means and methods employed in illicit traffic of goods; (c) goods known to be subject to) of illicit traffic; d) means of transport and containers known to be or suspected of being used in the committing of the offenc against the customs legislation in force in the territory of the other Party; the premise of the known to be e) or suspected of being used in the committing of the offenc against the customs legislation in force in the territory of the other Party. Article 6 1. The Customs Authority of one Party shall, on its own initiative or upon request, supply to the Customs Authority of the other Party reports, records of evidence or certified documents of the cop to giving all available information on transactions, detected or planned, which constitut or appear to constitut an offenc against the customs legislation in force in the territory of that Party. 2. Original files and documents shall be requested only in cases where certified cop to would be insufficient. Files and documents, which have been transmitted, with a subject to return as soon as possible. Article 7 the documents provided for in this agreement may be replaced by computerised information produced in any form for the same purpose. All relevant information for the interpretation or utilisation of the material should be supplied at the same time. Surveillance OF PERSONS, goods AND means OF transport article 8 the Customs Authority of one Party shall, within its competence and resources, on its own initiative or upon request of the Customs Authority of the other Party, maintains surveillance over: a) the movement, particularly entry into and exit from its territory, of persons known or suspected of committing or having committed an offenc against custom of legislation in force in the territory of the other Party; (b) any means of transport) and the container is known to be or suspected of being used in the committing of the offenc against the customs legislation in force in the territory of the other Party; (c) the movement of goods) reported by the Customs Authority of the other Party as giving rise to substantial illicit traffic to or from its territory or a suspicion thereof. CONTROLLED DELIVERY article 9 1. If permitted by the basic principles of their domestic legal systems the respectiv the Parties shall take the cessary measure, within their possibilities, to allow for the appropriate use of controlled delivery at the international level, on the basis of agreements or arrangements mutually consented to it, with a view to identifying persons involved in the illicit trafficking of narcotics drugs to , psychotropic substances or substances substituted for them, weapon, ammunition, poison gas, explosive and radioactive material, and to taking legal action against them. 2. Decisions to use controlled delivery shall be made on a case-by-case basis. They may, if it is not, and provided cessary in conformity with the national legislation of the parties, take into account financial arrangements and understanding is reached. 3. to be whose consignmen Illicium controlled delivery is agreed to may, by mutual consent of the competent authorities, to be intercepted and allowed to continue with the Narcotics Drugs, psychotropic substances or substances substituted for them, weapon, ammunition, poison gas, explosive and radioactive material, intact or removed or replaced in whole or in part in article 10 1. INQUIRE. Upon application, the requested Customs Authority shall inquire concerning the official initiat to operations , which appear to be contrary to or to the customs legislation in force in the territory of the applicant Party. It shall communicate the results of such inquires to the requesting Customs Authority. 2. These shall be conducted to inquire under the legislation in force in the territory of the requested Party. The requested Customs Authority shall proceed as though it was acting on its own account. 3. The requested Customs Authority may allow officials of the requesting Party to be present at such inquires. Experts AND WITNESS the article 11 1. If the Court or the authorities of one Party so request in connection with the customs legislation against offenc brough before them, the Customs Authority of the other Party may it official the authoris appear as experts or the witness before those courts or authorities. Such officials shall give evidence regarding facts established by them in the course of and in what capacity the official is to appear. 2. The request authorising the experts and it is clearly designat the witness is the essence of the matter and the competence of official summoned. The invitation of customs officials as experts and the witness shall be made in accordanc with the legislation in force of the parties. Use OF INFORMATION AND documents article 12 1. The information, documents and other communications received under this agreement, shall not be used for the purpose other than those specified in this agreement, without the written consent of the Customs Authority which furnished them. These provision is not applicable to information, documents and other communications concerning the relevant drug offenc narcotics psychotropic substances, or substances substituted for them, weapon, ammunition, gas poisono, explosive and radioactive material. 2. Any information communicated in whatever form pursuan to this Agreement shall be of a confidential nature. It shall be covered by the obligation of official secrecy and shall enjoy the protection extended to the same kind of information and documents under the legislation in force in the territory of the Party which received it. The Customs Authority of the Party may, however, in accordanc with the purpose and within the scope of this agreement, in their records of evidence, reports and in proceedings and charges testimon and brough before the courts, the CSR information and documents obtained in accordanc with this agreement as evidence. The use made of such information and documents as evidence in courts and the weight to be attached there it shall be determined in accordanc with national legislation. DELIVERY/NOTIFICATION article 13 Upon request, the requested Customs Authority shall, in accordanc with the legislation in force in the territory of the requested Party, deliver/notify to the natural or legal persons concerned, residing or established in its territory, all documents and decisions falling within the scope of this agreement, which from the emanat requesting Customs Authority. The FORM AND substance OF the request FOR assistance article 14 1. Request to this pursuan agreement shall be made in writing. Documents not cessary for the execution of such requests shall accompany the request. When required because of the urgency, oral request may be accepted, but must be confirmed in writing without delay. 2. Requests to the paragraph 1 of pursuan this article shall include the following information: a) the requesting Customs Authority; (b)) the measure requested; (c)) the object of and the reason for the request; (d)) the legislation and other legal elements involved; e) indication as exact and comprehensive as possible on the natural or legal persons being the target of the inquire; (f) a summary of the) relevant facts, except in cases provided for in article 12 shall be 3 requests submitted either in an official language of the requested Party or in English or in any another language to the requested acceptabl Custom Authority. 4. If a request does not meet the formal requirements, its correction or completion may be demanded; the ordering of the banks shall not be affected thereby of the measure. EXCEPTION FROM the LIABILITY TO RENDER assistance article 15 1. If the requested Customs Authority consider that the assistance sought would infring upon the sovereignty, public order, security or other essential interests of the requested Contracting Party or would the violation of an industrial involv, commercial or professional secret in the territory of the Party, in the may of such assistance or refus may provide the assistance only if certain conditions are met. 2. If a request for assistance cannot be complied with, the requesting Customs Authority shall be notified without delay and shall be informed of the reasons for the refusal to provide assistance. COSTA article 16 Each Customs Authority shall waiv all claims for costs incurred in reimbursemen of the execution of this agreement, with the exception of expense insurance experts, witness, interpreter and translator notes being State employees. IMPLEMENTATION of article 17 1. The assistance provided for under this Agreement shall be supplied directly between the Customs authorities of the parties. 2. The Customs authorities of the Parties shall jointly decide the detailed arrangements for the implementation of this agreement. 3. The Customs authorities of the Parties shall endeavour to resolve by mutual accord any difference or doubt arising from the interpretation or application of this agreement. Difference for which of the solutions to be found through diplomatic channel IR settled. TERRITORIAL APPLICABILITY of article 18 this Agreement shall be applicable to the customs territories of both parties. ENTRY into force AND TERMINATION article 19 1. This agreement shall be of unlimited duration. 2. The Parties shall notify one another through diplomatic channels when all national legal requirements not cessary for entry into force have been fulfilled. The agreement shall enter into force on the sixtieth day after the last notification has been received. 3. This agreement may be terminated by written notice through diplomatic channels and shall cease to be in force six months after such notice has been received by the other Party. Done AT Tbilisi, on the 5th of July, in 2000, in two originals, in the English language, Georgian and Latvian, all texts being equally authentic. In case of any divergenc of interpretation of the provision of this agreement, the English text shall prevails.

For the Government For the Government of the Republic of Latvia of Georgia