The Saeima has adopted and the President promulgated the following laws: For the Government of the Republic of Latvia and the Government of the Kingdom of the Netherlands on mutual administrative assistance in customs law and delays in customs offences, investigation and prevention article 1. 1997 October 8 the Hague signed by the Government of the Republic of Latvia and the Government of the Kingdom of the Netherlands on mutual administrative assistance in customs law and delays in customs offences, investigation and prevention (hereinafter referred to as the Treaty) and its annex "About information protection" (hereinafter referred to as annex) this law is adopted and approved. 2. article. The law shall enter into force on the date of its promulgation. With the law put the contract and annex to the Latvian language and in English. 3. article. The agreement and the annex shall thereupon enter into force article 21 of the Treaty within the time and in order, and shall notify the Ministry of Foreign Affairs Gazette "journal". The law adopted by the Parliament in 1998 on January 15. The President g. Ulmanis in Riga on 22 January 1998, the Government of the Republic of Latvia, State and Government of the Kingdom of the Netherlands on mutual administrative assistance in customs law and delays in customs offences, investigation and resolution of the Government of the Republic of Latvia and the Government of the Kingdom of the Netherlands, the countries hereinafter referred to as the Contracting Parties, taking into consideration that violations of customs legislation is harmful to both economic, financial, social, cultural and commercial interests; Taking into account the precise taxation and customs duties and other taxes on imports and exports, as well as the importance of collecting the prohibition, restriction and control rules are properly implemented; Recognizing the need for international cooperation, as regards both the application of the customs legislation and complied with; Considering that the illicit manufacture of narcotic drugs and psychotropic substances across borders poses a danger to human health and society; Making sure that the customs measures to prevent infringements of legislation can be made more effective the close of both countries, cooperation between the customs administrations based on specific legal norms; Referring to the Customs Cooperation Council documents, especially on 5 December 1953, the recommendation on mutual administrative cooperation; Referring ALSO to international conventions covering the prohibition, restriction and control measures in relation to specific goods; Agree on the following: part I definition article 1 for the objectives: 1. "Customs Administration" means: in the Republic of Latvia: the State revenue service customs administration or other institution that is authorized to perform specific actions carried out in this Department; The Kingdom of the Netherlands: Central Administration, which is responsible for the implementation of the customs legislation; 2. the "customs legislation": any legal and administrative rules applicable or issues of both Contracting Parties, the customs administration, and associated with the import, export, transit, transhipment, storage or circulation, including legal and administrative provisions relating to the restrictions, bans or other control subjects of similar checks to move across national borders; 3. "customs fraud" means: any violation of the customs legislation laid down in accordance with the national legislation of the Contracting Parties, as well as any legislative attempt of violation; 4. Customs requirement ": any amount of tax or fee, subject to this agreement, and on the taxes and fees listed apply to increase overdraft, late payment, interest and costs that can be charged in one Contracting Party; 5. "person": any natural or legal person; 6. "private data", data relating to identified or identifiable natural person; 7. "information" – any data, documents, reports, or approved or authentic copies thereof or other communications; 8. the "core messages" — information that is being processed and/or analyze in order to ensure the essential determination with regard to customs violations; 9. "requesting authority" — the Customs Administration requesting assistance; 10. "requested authority", the customs administration, which receives a request for assistance. Part II scope of the agreement article 2 1. With its customs administrations of the Contracting Parties, via will provide each other with assistance in accordance with the provisions of this agreement, the correct application of customs legislation, the Customs claim recovery and delay in customs offences, investigation and prevention. 2. assistance under this agreement, the two Contracting Parties will provide in accordance with the national legal and administrative provisions and the customs administration of the competence and ability. 3. This Treaty is intended solely for mutual administrative cooperation between the Contracting Parties; This agreement does not give right to any private person to obtain, suppress, or make void of any evidence or to impede the realization of the request. 4. If assistance in matters dealt with in this Treaty, in accordance with the different cooperation agreements between the Contracting Parties, requested the Administration may specify that the institution is involved. Part III cooperation in article 3 ABOUT 1. Customs Administration, upon request or on its own initiative, provide each other with information and operational details that will help to guarantee the correct application of customs legislation and effective recovery of lost, as well as to prevent, to investigate and prevent customs violations. 2. the customs administration of the two investigations in the other customs administration, will work the same way as they work their interests or by the same Contracting Party, the other institutions demand. Article 4 1 the requested Administration will provide, upon request, with all information concerning customs legislation and procedures used by a Contracting Party and which are relevant to the investigation of customs offences. 2. both the customs administration and on their own initiative without delay to do any useful information relating to: (a) a new application of customs law, which demonstrated its effectiveness; (b) committing customs offences, new trends, means and methods. Part IV specific instances of cooperation article 5 Administration requested, upon request, provide the requesting authority with the following information: (a) whether goods imported into the requesting contracting party, the customs territory have been properly exported from the requested Contracting Party, the customs territory of the community; (b) whether goods exported from the requesting contracting party, the customs territory of the community are legally imported into the requested Contracting Party in the territory after a customs and customs procedures, if any, the goods have been placed. Article 6 requested the Administration will request special surveillance of: (a) persons known to the applicant authority as such, customs infringements committed or is suspected of having committed it, especially about their movements to and from the requested Contracting Parties to the customs territory; (b) transported or stored goods, for which the requesting administration identified as suspicious in the illicit transport in relation to the requesting contracting party, the customs territory; c) means of transport for which the requesting authorities suspect that they are being used for the purpose of requesting customs offences in the territory of the Contracting Party. 1. Article 7 upon request or on its own initiative, the Customs Administration will provide each other with information and operational details of completed or planned transactions that create or seemingly cause Customs irregularities. 2. In serious cases that could involve a real threat to the economy, public health, public order or other vitālaj of the other contracting party interests, each customs administration shall, wherever possible, provide information or operational information on its own initiative and without delay. 8. Article 1. Requested customs administration upon request will be communicated to persons who are residents of the customs territory and are associated with the operation or the requesting administration decisions in application of customs legislation. Part v help in RECOVERING the lost article 9 1 of both Contracting Parties as soon as the necessary national legislative and administrative requirements will come into force, the Customs Administration will provide each other with assistance in the recovery of Customs claims. 2. Requested the Administration to a request for assistance for the collection of customs requirements, in accordance with the relevant Contracting Parties ' national legislation and administrative practice. 3. the requested the Administration to demand will recover the Customs Administration requesting requirements in accordance with national legislation and administrative practices, the taxes and levies in the recovery of the claim. However, such customs requirements will not be assigned priority in the requested Contracting Party and will not be recovered, punishing the debtor with a specific imprisonment in the context of this show. The requested authority shall not be obliged to start any implementing measures not provided for in the legislation of the requesting contracting party. 4. The provisions of paragraph 3 be limited to customs requirements which constitute the substance of the likelihood of recovery in the requesting contracting party and which are not contested. If the requirements are associated with a person who is not a resident of the requesting contracting party, taxation and duties, paragraph 3 applies only if the Customs requirements can no longer be called into question. 5. the obligation to provide assistance in the recovery of Customs claims related to a deceased person's property is restricted property value or property obtained in each property winner, depending on whether the claim should be covered from acquiring property or belongings. 6. The requested authority shall not be obliged to take the implementation of claims: (a) if the p ieprasītāj Administration has used every possible means in its territory, except when the use of such funds is associated with disproportionate difficulties proportionally; (b) if it has to do with customs requirements, contrary to the terms of this arrangement, or any other Convention, which is a member of both Contracting Parties. 7. the request for administrative assistance in the recovery of Customs claims must be accompanied by: (a)) Declaration that Customs claims is linked to the levy or tax, contained in this agreement, and that it complies with the provisions of paragraph 4; (b)) legal basis that give the requesting contracting party for recovery, a certified copy thereof; c) any additional documents, which are necessary for the recovery of the lost; d) if necessary, a copy of the approved documents that indicate to a case decision existence, issued by the administrative authority or court. 8. Requesting the Administration to specify recoverable amount customs requirements in their own currency. You can recover the Customs requirements of the requested Contracting Party in accordance with the official exchange rate of the day the claim is received. 9. the requested authority shall, on request, with the intention to recover the customs of reciprocal measures, even if the Customs requirement is still being pretpārbaudīt or it is not yet the subject of recovery to a level that is allowed the requested Contracting Parties national legislation and administrative provisions. 10. Drive in the requesting Contracting Party shall, where appropriate and in accordance with the request of the requested Contracting Party provisions in force, it is necessary to adopt, to be supplemented or after the date the request for assistance shall immediately be replaced with the drive type of the requested Contracting Party. 11. questions concerning any period after which the Customs may not be claimed in accordance with the deal, the requesting contracting party. Help request for recovery must be specified in the relevant period. 12. the Administration requested the recovery measures, executing a request for assistance which, in accordance with the legislation of the requested Contracting Party shall leave the impression to the period referred to in paragraph 11 of stopping or suspension, will have the same impression after the requesting contracting party legislation. The requested authority shall inform the requesting authority for such measures. 13. the requested authority may allow a suspension of payment or payment on installments, if it is allowed in their national legislation or national practice analogous situation, but before then it must inform the requesting administration. 14. the Customs Administration will agree detailed implementation of this agreement on the basis of article 19 of this agreement, paragraph 2, of the rules, concerning customs requirements the minimum quantities for which may be to ask for help. Part vi things and documents article 10 1. Originals will be requested only if authentic copies of the approved or will be insufficient and will be returned as soon as possible; the Administration requested or third-party rights, moreover, will not be affected. 2. Any information or operational details that will be provided in accordance with this Agreement shall be supplemented with the relevant details that may be useful for translation or use them. Part VII of the experts and witnesses article 11 requested the Administration may, on request, authorize its officers to speak as experts or witnesses on matters before the Customs infringement of the other party, the Court or Tribunal. Part VIII of the request exchange article 12 1. Assistance under this contract is realized only between customs administrations. 2. Requests for Assistance under this agreement must be in writing and must be accompanied by any documents that might prove useful. If it requires certain conditions, the request may also be oral. Such a request must be confirmed immediately in writing. 3. the request, according to the second paragraph of this article must contain the following information: a) the Customs Office who made the request; (b) the reason for the request and the subject); c) brief brief, legal elements and processes; d) names and addresses of the parties involved in the process, if known. 4. information and to exchange operational messages relating to this agreement must be made between officials of the Customs Administration is specifically designated for these purposes. Such a list must be handed to officials of the other Contracting Party, the customs administration, in accordance with article 19 of this agreement (2). Part IX of the execution of the request article 13 If the requested authority does not have the information requested, it show the initiative to obtain such information in accordance with the national legal and administrative provisions, or immediately will send the request to the appropriate institution. This initiative will include testimony from persons from whom it is possible to get information on the Customs infringement, as well as from witnesses and experts. Article 14:1. On the written request of the applicant, whose administration has specially appointed by the administration of the requested authority and subject to its rules, to investigate customs offences, may: (a) requested the Administration to consult the authorities for documents, records and other essential data for any information on the Customs infringement; (b) receive, register of documents and other data relevant to the copy in the context of customs offences; (c) be present at the investigation carried out by the requested authority of the requested Contracting Party and a customs territory which is relevant to the requesting administration. 2. paragraph 1 of this article in the circumstances referred to by the requesting administration officials located the other Contracting Party, the customs territory, they must at any time be able to assert his authority. While there, they enjoy the same protection as the other Contracting Parties to the Customs authorities in accordance with the legislation in force there, and is responsible for any possible irregularities. Part x confidentiality of information article 15 1. Any information and operational messages that you receive in the context of administrative assistance under this agreement, may be used only for the purposes of this agreement, and the customs administration, unless the information requested by the Customs Administration is specifically authorized to use it for other purposes or other authorities. Any such information may, if requested by the Contracting Parties national legislation defined in criminal law matters, use only after the public prosecutor or judicial authorities of the requested Contracting Party, accepting such use. 2. This article shall not prevent the use or disclosure of the information, if, under the legislation of the requesting contracting party is obliged to do so because of the prosecution. Notice of such proposed disclosure will be given. 3. any information received under this agreement will be treated as confidential and will enjoy at least the same protection and confidentiality as the same type of information the Contracting Parties, in accordance with national legislation and administrative provisions which it is received. 4. This article is without prejudice to the obligations of the Kingdom of the Netherlands, established by the legislation of the European Community, to provide information to the European Commission or any Member State of the European Union customs administration. Any such rules on the information to be notified in advance to the customs administration of the Republic of Latvia. 16. Article 1. Private data received pursuant to this agreement are subject to national legislation and administrative rules governing data protection in each Contracting Party. These rules must be approved by the provisions of this annex to the agreement, which is an integral part of this agreement. 2. Personal data is exchanged in accordance with this agreement, to the two Contracting Parties have not adopted national legislation and administrative regulations necessary for the approval referred to in paragraph 1. 3. as soon as the Convention on the protection of individuals with regard to private data automatic process, which concluded on 28 January 1981 in Strasbourg and the necessary national legislative and administrative provisions for the implementation of this Convention, the entry into force of the Convention and the national legislation and administrative provisions for the implementation of the Convention should be used for the exchange of personal data in accordance with this contract and they will replace the provisions referred to in paragraph 1 and in paragraph 2 u n the annexes to this agreement. 4. None of the provisions of this article and the annex will not be interpreted as limiting or otherwise influencing, giving the parties the opportunity to guarantee the data subjects for more protective equipment, what to put in the contract. Part XI exceptions article 17 1. Requested the Administration not to give assistance provided for in this Treaty, if it threatens the requested Contracting Party sovereignty, public order or other essential interests, or include industrial, commercial or professional secret breaches. 2. If the requesting administration could not execute a similar request, receive from the Administration requested, it shall draw attention to that fact in its request. Following the execution of the request is left to the Administration requested. 3. the requested authority may postpone the provision of assistance on the ground that may interfere with an investigation, prosecution or proceeding. In such a case, the requested authority shall consult with the requesting the Administration to consider whether assistance may be provided under such circumstances or conditions under which requested the Administration to provide it. 4. when the assistance is refused or postponed, you must provide the rejection or postponement. Part XII expenses article 18 1. Customs Administration will reject all claims of this Agreement relating to the implementation of expenditure, except expenditure and cost recovery experts and witnesses, the financial consequences of the measures that are deemed unreasonable in relation to the specific requirements of real customs or the requesting contracting party recovery measures discriminatory validity, as well as the interpreters, if they do not work in the country, pay, which should take the requesting administration. 2. If a substantial and extraordinary nature are or will be the cost required to execute the request, the Contracting Parties shall consult to determine the circumstances and conditions under which the request will be realized, as well as the way in which the costs arise. Part XIII performance article 19 1. Customs administrations should be taken to the designated authority responsible for the investigation of customs offences or, maintain personal and direct contacts. 2. under this agreement, the Customs Administration will decide on the detailed measures to facilitate the implementation of the Treaty. 3. the customs administrations shall, by mutual agreement, will try to resolve any problems or concerns that arise in the interpretation or implementation of this agreement. 4. the conflict that follows will not be resolved, settled with the diplomatic service. Part XIV of the scope of article 20 1 of the Republic of Latvia for this contract is in force in its territory. 2. as regards the Kingdom of the Netherlands this Agreement shall remain in force in its territory in Europe. It may, however, extend to all or with any necessary modifications, in respect of the Netherlands Antilles and/or Aruba. 3. Such an extension may take effect from such date and may be subjected to such modifications and conditions, including the conditions of the period, as may be specified and agreed in notes to be exchanged with the diplomatic services. Part XV of the entry into force of the Treaty and its dissolution article 21, this Agreement shall enter into force on the first day of the second month after the Contracting Parties with the notes have notified each other through diplomatic services that constitutional or internal requirements for the entry into force of this Treaty, have been met. Article 22 1. this contract period is unlimited, but either Contracting Party may terminate it at any time by sending a note about it to the diplomatic service. 2. termination of the agreement shall enter into force three months from the date on which the denunciation of the note has been sent to the other Contracting Party. Processes initiated at the time of expiry of the contract will be completed according to the terms of this agreement. 3. Until full consent of the termination of this agreement will not stop its extension to the Netherlands Antilles and Aruba, or if it will be extended, moreover, in accordance with article 20, paragraph 2. Article 23 the Contracting Parties will meet to review this agreement upon request or after five years after its entry into force, unless they notify each other in writing that such a review is necessary. Confirming the above and being authorized to do so, we have signed this agreement. Signed in the Hague, 1997 October 8 in duplicate, Latvian, Dutch, and English languages, in addition, all texts are authentic. In the event of any dispute, the interpretation of this agreement, you will be taken on the basis of the English text.
The Government of the Republic of Latvia, the Government of the Kingdom of the Netherlands on behalf of Wei, D.E. Witeween poča, State revenue Minister of State tax and Customs Department Director General legislative policy at the Ministry of finance, Ministry of finance annex on the protection of the information received in the framework of the Treaty, 1 private data can only be used in accordance with the data of all the assisting Customs Administration's terms and for the purposes authorized. 2. at the request of the customs administration, receiving private data, you must inform the Customs Administration that provide this information on their use and the results achieved. 3. Personal data should only be sent to the other Contracting Party, the customs administration. To transfer personal data to other authorities are allowed only after notifying customs data administration prior consent. 4. where the Customs Administration sends private data, it is necessary to ensure the accuracy and consistency of data and so it should not be too broad purposes for which it is intended. Have to respect any limitations laid down by each Contracting Party in national legislation and administrative provisions. If you send private data, which turns out to be wrong or not had to be transmitted shall immediately be reported. The customs administration, which received this data, they must be corrected or deleted. 5. any person, on request, be able to receive information about the personal data concerning him and their use. This obligation to provide the parties involved with this information is not valid, if the public interest in disclosure exceeds not involved interest in obtaining this information. The right to information are subject to national legislation and administrative provisions that the information request was made. The customs administration, which provided such private data before making a decision to consult with the person who wants to get the information. When the request for information is refused, the person involved should receive compensation. If the information proves to be inaccurate, outdated and too broad, it must be corrected or deleted. If the information has been transferred to other organizations or individuals, they must be informed of these amendments i v a deletion. 6. If the investigation, based on the exchange of private data under this agreement, causing injury to a natural person, the customs administration, which used these private data, is responsible for damages in accordance with the applicable legal and administrative rules. The Customs Administration can deny the loss saying that it brings to the customs administration, which provided private data. 7. Personal data that have been sent under this agreement to be maintained only as long as necessary to achieve the purpose for which the data is sent. Providing private data under this agreement, the two customs administrations should establish specific time limit for deleting this data in accordance with the national legal and administrative rules. 8. Customs administrations should be recorded under this agreement for the private, sending and receiving data. 9. the Customs Administration should take measures to protect your private data, shared with the parties under this agreement from unauthorised access, modification or distribution.

Agreement between the Government of the Republic of Latvia and the Government of the Kingdom of the Netherlands on Mutual administrative assistance for the Proper Application of Customs Law and for the Prevention, Investigation and Combating of customs Offenc the Government of the Kingdom of the Netherlands and the Government of the Republic of Latvia, hereafter referred to as their "Status of the Contracting Parties , CONSIDERING that of the offenc against custom law of Economics, with their fiscal question 2(a) the social, cultural and commercial interests; CONSIDERING the importanc of accurate assessment and effective recovery of customs duties and other taxes collected at importation or exportation and of ensuring proper enforcement of the measure of prohibition, restriction and control; RECOGNIZING the need for international co-operation in matters related to the application and enforcement of their customs law; CONSIDERING that trafficking in narcotics drugs cross the frontier and psychotropic substances constitut a particular danger to public health and to society; CONVINCED that action against the customs of the offenc can be made more effective by the close co-operation between their Customs Administration is based on clear legal provision; HAVING REGARD TO the relevant instruments of the Customs Co-operation Council, in particular the Recommendations on mutual administrative assistance of December 5, 1953; HAVING REGARD also to the international convention containing a prohibition, restriction and special measure of control in respect of specific goods; Have AGREED as follows: Chapter I Definition article 1 For the purpose of this agreement the term 1 "Customs Administration" shall mean: for the Kingdom of the Netherlands: the central administration responsible for the implementation of customs law; for the Republic of Latvia: the Customs Department of the State revenue service or any body authorized to perform any functions at present performed by the said Department. 2. the term "customs law" shall mean: any legal and administrative provision is applicable or enforceabl by the Customs Administration of both Contracting Parties in connection with the importation, exportation, transshipmen, transit, storage and circulation of goods, including legal and administrative provision relating to the prohibition of restriction and other similar controls on the movement of controlled items across national boundaries; 3. the term "custom of the offenc" shall mean: any contravention of customs law as defined by the national legislation of each Contracting Party as well as any such attempted contravention; 4. the term "Customs claim" shall mean: any amount of duties and taxes to which this agreement applies and of increase, surcharg, overdu payments, interests and costs pertaining to the said duties and taxes that cannot be collected in one of the Contracting Parties; 5. the term "person" shall mean: (a) the physical human being either or a legal entity; 6. the term "personal data" shall mean data concerning an identified or: identifiabl a physical human being; 7. the term "information" shall mean: any data, documents, reports, certified or authenticated thereof or other communications to the cop; 8. the term "intelligence" shall mean: the information which has been processed and analysed to provide and/or an indication relevant to a custom of the offenc; 9. the term "requesting administration" shall mean: the Customs Administration which requests assistance; 10. the term "requested administration" shall mean: the Customs Administration from which assistance is requested. Chapter II scope of agreement article 2 1. The Contracting Parties through their Customs Administration shall afford to each other administrative assistance under the terms set out in this agreement for the proper application of customs law, for the recovery of Customs claims and for the prevention, investigation and combating of customs offenc. 2. All assistance under this agreement by either Contracting Party shall be performed in accordanc with its national legal and administrative provision and within the limits of its Customs Administration's competence and available resources. 3. This agreement is intended solely for the mutual administrative assistance between the Contracting Parties; the provision of this Agreement shall not give rise to a right on the part of any private person to obtain, suppress or exclude any evidence or to imped the execution of a request. 4. If assistance on matters to deal with in this agreement should be afforded in accordanc with another co-operation agreement between the Contracting Parties, the administration requested the relevant authorities shall indicates which is concerned with. Chapter III scope of assistance article 3 1. The Administration shall provide the Customs each other, either on request or on their own initiative, with information and intelligence which helps to ensur proper application of the customs law and effective, and to prevent recovering, and combat customs investigat offenc. 2. Either Customs Administration shall, in making inquires on behalf of the others in the Customs Administration, act as if they were being made on its own account or on the request of another authority in that Contracting Party. Article 4 1. On request, the administration shall provide all requested information about the customs law and procedures applicable in that Contracting Party and relevant to their inquires relating to a custom of the offenc. 2. Either Customs Administration shall communicate on its own initiative, and without delay any information relating to available to: (a) new customs law enforcement techniques having proved their effectiveness; (b) new trends, means or methods of committing customs offenc. Chapter IV Special instances of assistance article 5 On request, the requested administration shall in particular provide the requesting administration with the following information: (a) goods which are the whethers imported into the customs territory of the requesting Contracting Party have been lawfully exported from the customs territory of the requested Contracting Party; (b) goods which are the whethers exported from the customs territory of the requesting Contracting Party have been lawfully imported into the customs territory of the requested Contracting Party and about the customs procedure, if any, under which the goods have been placed. Article 6 On request, the requested administration shall maintain special surveillance over: (a) persons known to the administration requesting to have committed a customs offenc or suspected of doing so, particularly those moving into and out of the customs territory of the requested Contracting Party; (b) goods either in transport or in storage notified by the requesting administration as giving rise to suspected illicit traffic towards the custom territory of the requesting Contracting Party; (c) means of transport suspected by the requesting administration of being used to commit customs offenc in the customs territory of the requesting Contracting Party. Article 7 1. The Administration shall provide the Customs each other, either on request or on their own initiative, with information and intelligence on transactions, completed or planned, which appear the constitut or a custom of the offenc constitut. 2. In serious cases that could a substantial damage to involv the economy, public health, public security or any other vital interest of the other Contracting Party, either Custom Administration shall, wherever possible, supply information and intelligence on its own initiative and without delay. Article 8 1. On request, the requested administration shall notify the persons concerned residing in the territory of the its custom any action or decision taken by the requesting administration in respect of the application of customs law. Chapter V assistance in Recovery As soon as the article 9 1. the cessary national legal and administrative provision of both Contracting Parties will have entered into force, their Customs Administration shall assist each other in in the recovery of Customs claims. 2. On request, the requested administration shall afford assistance with a view to collecting customs claims, in accordanc with the respectiv national laws or administrative practices of the Contracting Parties. 3. On request, the requested administration shall recover Customs claims of the requesting administration in accordanc with the national law and administrative practice for the recovery of its own duty and tax claims. However, such customs claims do not enjoy priority in the requested Contracting Party and cannot be recovered by imprisonmen for debt of the debtor. The administration requested is not obliged to take any executory measure-which are not provided for in the law of the requesting Contracting Party. 4. The provision of paragraph 3 of this article shall apply only to Customs claims which form the subject of an instrument permitting their enforcement in the requesting Contracting Party and which are not contested. However, where the claim relate to (a) the liability to duties or taxes of a person not being a resident of the requesting Contracting Party, paragraph 3 shall only apply where the Customs claim may no longer be contested. 5. The obligation to afford assistance in the recovery of Customs claims concerning a deceased person on his estate is limited to the value of the estate or the property acquired by each beneficiary of the estate, according to whethers the claim is to be recovered from the estate or from the beneficiar a thereof. 6. The requested administration shall not be obliged to accede to the request: (a) if the requesting administration has not pursued all means available in its own territory, except where recourses to such means would give rise to the disproportionat of difficulty; (b) if and insofar as it is the custom to consider claim it to be contrary to the provision of this agreement or of any other convention to which both Contracting Parties are parties. 7. The request for administrative assistance in the recovery of a Customs claim shall: (a) be accompanied by (a) a declaration that the Customs claim concerns a duty or tax covered by this agreement and that the conditions of paragraph 4 of this article with me; (b) an official copy of the instrument permitting enforcement in the requesting Contracting Party; (c) any other document required for recovery; (d) where appropriate, a certified copy confirming any related decision emanating from an administrative body or a court. 8. The requesting administration shall indicates the Customs claim to be recovered in its own currency. The Customs claims shall be recovered in the currency of the requested Contracting Party in accordanc with the official exchange rate on the day when the request was received. 9. On request, the requested shall, with a view to their administration, the recovery of a Customs claim, take a measure of conservancy even if the claim is contested or customs is not yet the subject of an instrument permitting enforcement, in so far as such is permitted by the national legal and administrative provision of the requested Contracting Party. 10. The instrument permitting enforcement in the requesting Contracting Party shall, where appropriate and in accordanc with the provision in force in the requested Contracting Party, be accepted, recognised, supplemented or replaced as soon as possible after the date of the receipt of the request for assistance by an instrument permitting enforcement in the requested Contracting Party. 11. Questions concerning any period beyond which a Customs claim cannot be enforced shall be governed by the law of the requesting Contracting Party. The request for assistance in the recovery shall give in particular concerning that period. 12. Acts of recovery carried out by the administration requested in pursuanc of the request for assistance, which, according to the law of the requested Contracting Party, would have the effect of suspending or interrupting the period mentioned in paragraph 11, shall also have this effect under the law of the requesting Contracting Party. The administration requested shall inform the requesting administration about such acts. 13. The requested administration may allow deferral of payment or payment by instalment, if its national law or administrative practice permit it to do so in similar circumstanc-but it shall first be notified the requesting administration. 14. The Customs Administration shall by common agreement of the prescrib in the detailed arrangements for the implementation of this agreement, to be decided on the basis of paragraph 2 of article 19 of this agreement, the rules concerning minimum non of Customs claims subject to a request for assistance. Chapter VI files and documents article 10 1 shall only be requested. Original information in cases where certified or authenticated "cop out would be insufficient, and shall be returned as soon as possible; rights of the requested administration or of third parties relating to the shall remain unaffected theret. 2. Any information and intelligence to be exchanged under this Agreement shall be accompanied by all relevant information for interpreting or utilizing it. Chapter VII experts and Witness the article 11 On request, the requested administration may official the authoriz it appear before a court or tribunal of the other Contracting Party as experts or as witness in the matter of a custom of the offenc. Chapter VIII Communication of requests article 12 1. Assistance under this Agreement shall be exchanged directly between the Customs Administration. 2. Requests for assistance under this Agreement shall be made in writing and shall be accompanied by any documents deemed useful. When the circumstanc's so require, requests may also be made verbally. Such requests shall be confirmed promptly in writing. 3. Requests made to paragraph 2 of the pursuan article, shall include the following details: (a) the administration making the request; (b) the subject of and reasons for the request; (c) a brief description of the matter, the legal element and the nature of the proceedings; (d) the names and addresses of the parties concerned with the proceedings, if known. 4. The information and intelligence referred to in this Agreement shall be communicated to the official who is specially designated for this purpose by each Customs Administration. A list of official so designated shall be furnished to the Customs Administration of the other Contracting Party in accordanc with paragraph 2 of article 19 of this agreement. Chapter IX for the Execution of requests for article 13 If the requested administration does not have the information requested, it shall obtain the initiat inquires that information in accordanc with its national legal and administrative provision or promptly transmit the request to the appropriate agency. These shall include inquires to the taking of statements from persons from whom information is sought in connection with a custom of the offenc and from witness and experts. Article 14 1. On written request, officials designated by the requesting administration specially may, with the authorization of the administration requested and subject to conditions the latter may impost, for the purpose of investigating a custom of the offenc: (a) consult in the Office of the administration requested the documents, register, and other relevant data to extract any information in respect of the custom of the offenc; (b) take to the cop of the documents, register, and other relevant data in respect of the custom of the offenc; (c) be present during an inquiry conducted by the administration requested in the customs territory of the requested Contracting Party and relevant to the requesting administration; 2. When, in the provided for in paragraph 1 of circumstanc of this article, the officials of the requesting administration are present in the territory of the other Contracting Party, they must at all times be able to furnish proof of their official capacity. They shall, for a while there, enjoy the same protection as that accorded to customs officials of the other Contracting Party, in accordanc with the laws in force there, and be responsible for any of the offenc they might commit. Chapter X Confidentiality of Information article 15 1. Any information and intelligence received within the framework of administrative assistance under this Agreement shall be used solely for the purpose of this agreement and by the Customs Administration is using in cases in which the Customs Administration furnishings such information has expressly approved its use for other purpose or by other authorities. Any such information may, if the national law of the furnishings of the Customs Administration, only be used so the prescrib in criminal matters after the public prosecution or judicial authorities in the requested Contracting Party have agreed to such use. 2. This article shall not preclud use or disclosure of information if there is an obligation to do so under the law of the requesting Contracting Party in connection with a criminal prosecution. Advance notice of such proposed disclosure shall be given. 3. Any information received under this Agreement shall be treated as confidential and shall at least be subject to the same protection and confidentiality as the same kind of information is subject to under the national legal and administrative provision of the Contracting Party where it is received. 4. This article is without prejudice to the obligation of the Kingdom of the Netherlands under the legislation of the European Union to provide information to the European Commission or any of the Customs Administration of the European Union ' s Member States. Any such provision of information intended will be notified in advance to the Customs Administration of the Republic of Latvia. Article 16 1. Personal data exchanged under this Agreement shall be subject to the national legal and administrative provision for each data protection in either Contracting Party. These shall at least be the provision in conformity with the provision in the Annex to this agreement which is an integral part of this agreement. 2. personal data shall be exchanged under this agreement until both Contracting Parties have adopted the national legal and administrative provision does not conform to paragraph 1 the cessary of this article. 3. As soon as the Convention for the Protection of Individual with Regard to Automatic Processing of Personal Data of 28 January 1981, concluded one at Strasbourg, and the national legal and administrative provision cessary to implementations that that Convention have entered into force for both Contracting Parties, the provision of the Convention and the national legal and administrative provision to implementations that the Convention shall apply to personal data exchanged under this agreement and shall replace the provision laid down in paragraphs 1 and 2 of this article and in the Annex to this agreement. 4. None of the provision of this article and of the Annex shall be interpreted as limiting or otherwise regimes by the possibility for a Contracting Party to grant data subjects a wider measure of protection than that stipulated in this agreement. Chapter XI in the Exemption of article 17 1. The administration requested shall not be required to give the assistance provided for by this agreement if it is likely to jeopardiz the sovereignty, the public order or other essential interests of the requested Contracting Party, or would the involv violation of an industrial, commercial or professional secrecy. 2. If the requesting administration is unable to comply with a similar request made by the administration requested, it shall draw attention to that fact in its request. Compliance with such a request shall be at the discretion of the administration requested. 3. Assistance may be postponed by the requested administration on the ground that it will interfer with an ongoing investigation, prosecution or proceedings. In such a case the requested administration shall consult with the requesting administration to determin if assistance can be given subject to such terms or conditions as the requested administration may require. 4. Where assistance is denied or postponed, reasons for the denial or the IR be postponemen givens. Chapter XII Costa article 18 1. The Custom Administration of IR waiv all claims for costs incurred in reimbursemen of the execution of this agreement, except for expense and allowance paid to the experts and their witness, pecuniary consequences of acts of recovery that have been found unjustified in respect of the reality of the Customs claim concerned or the validity of the instrument permitting enforcement in the requesting Contracting Party as well as Costa of interpreters other than Government employees, which shall be borne by the requesting administration. 2. If a substantial and extraordinary expense of nature with or will be required to execute the request, the Contracting Parties shall consult to determin the terms and conditions under which the request will be executed as well as the manner in which the costs shall be borne. Chapter XIII Implementation of the agreement article 19 1. The Administration shall take the customs of "so that their officials responsible for the investigation or combating of customs of the offenc maintain personal and direct relations with each other. 2. The Customs Administration will decide on further detailed arrangements, within the framework of this agreement, the implementation of the facilitat this agreement. 3. The Customs Administration shall endeavour to resolve by mutual accord it any problem or doubt arising from the interpretation or application of this agreement. 4. the conflicts for which of the solutions to be found through diplomatic channel IR settled. Chapter XIV Application of article 20 1. As far as the Republic of Latvia is concerned, this Agreement shall apply to its territory. 2. As far as the Kingdom of the Netherlands is concerned, this Agreement shall apply to its territory in Europe. It may, however, be extended, either in its entirety or with any modifications the cessary not the Netherlands Antilles and/or Aruba. 3. Such extension shall take effect from such date and be subject to such modifications and conditions, including conditions as to termination, as may be specified and agreed in notes to be exchanged through diplomatic channels. Chapter XV Entry into force and Termination article 21 this Agreement shall enter into force on the first day of the second month after the Contracting Parties have notified each other in writing through diplomatic channels that the constitutional or internal requirements for the entry into force of this agreement have been met. Article 22 1. This agreement is intended to be of unlimited duration but either Contracting Party may terminate it at any time by notification through diplomatic channels. 2. The termination shall take effect three months from the date of the notification of denunciation to the other Contracting Party. Ongoing proceedings at the time of termination shall be completed in accordanc nonetheles with the provision of this agreement. 3. Unless otherwise agreed by the termination of this Agreement shall not also terminate its application to the Netherlands Antilles and/or Aruba if it has been extended in conformity with theret the provision of paragraph 2 of article 20 article 23 the Contracting Parties shall meet in order to review this agreement on request or at the end of five years from the date of its entry into force unless they notify to one, another in writing that from such review is not cessary. In witness whereof the undersigned, being duly authorized, have signed the theret this agreement. Done at the Hague on the eight day of October 1997, in two originals in the Latvian, Netherlands and English languages, all texts being equally authentic. In the case of the divergenc of interpretation, the English text shall prevails.
For the Government For the Government of the Republic of Latvia of the Kingdom of the Netherlands Annex On Data Protection Personal data exchanged under 1 this agreement may only be used for the purpose indicated and according to any of the conditions the Customs Administration providing those data may require. 2. On request, the Customs Administration shall inform the receiving personal data, the Customs Administration which has provided those data of the use made of them and the results achieved. 3. Personal data shall only be transmitted to the Customs Administration of the other Contracting Party. Transmission of personal data to any other authorities is only allowed after preceding approval by the Customs Administration providing those data. 4. The Customs Administration of transmitting personal data shall ensur that these data are accurate and up to date and not in relations to excessiv the purpose for which they are furnished. Any prohibition under the national legal or administrative provision of either Contracting Party have to be respected. If personal data have been transmitted, that turn out to be incorrect or should not have been exchanged, shall be notified immediately of this. The Customs Administration which has received the data shall rectify those or erase the data concerned. 5. On request any person concerned shall obtain information about the personal data stored relating to him and about their intended use. This obligation to provide the person concerned with such informations does not apply when the public interest not to give the information of the 12 interest of the person concerned to obtain that information. The right to obtain information is otherwise subject to the national legal and administrative provision is applicable in the Contracting Party where the request for information is made. The Customs Administration that has provided the personal data concerned will be consulted before a decision on a request for information by a person concerned is taken. If the request for information is refused, the person concerned shall have a remedy. If the data appear to be inaccurat, not up to date or that they will be rectified excessiv or erased. If the data have been communicated to other persons, bodies or these shall be informed of the rectification or erasure. 6. If investigations based on personal data exchanged under this agreement cause damage to a natural person, the Customs Administration that has used these personal data is responsible for this damage according to the national legal and administrative provision is applicable in that Contracting Party. That Custom Administration can not discla to the damage by stating that the damage has been caused by the Customs Administration providing the personal data concerned. 7. Personal data transmitted under this Agreement shall only be kep as long as this is not the cessary achieve the purpose for which these data are exchanged. When providing personal data under this agreement, either Custom Administration shall specify any specific time limit for erasure of these personal data according to its national legal and administrative provision. 8. The Customs Administration shall record in the transmission and receipt of personal data under this agreement. 9. The Customs Administration shall take appropriate security measure to protect personal data exchanged under this agreement from unauthorised access, alteration or dissemination.