Chapter 1. General provisions
section 1 of this Act apply to international customs cooperation
1. follows from an international agreement with another
State or international organization that Sweden has
party or otherwise is committed to follow and
2. the purpose of which is to prevent, detect, investigate or prosecute
violations of the customs rules.
Act shall not apply to such cooperation, as referred to in the law
(2011:1537) for assistance with the collection of taxes and fees
within the European Union, the law (1990:314) on mutual
assistance in tax matters or Act (1959:590) if
border customs cooperation with other States. Law (2011:1542).
section 2 of the customs service or other competent Swedish authority shall assist
the competent foreign authority or international organization if
the effect of such an international agreement referred to
in section 1, of this Act.
section 3 For any action under this law are subject to the same conditions
as for the corresponding measure in a Swedish case, unless
otherwise provided for in this Act.
Customs cooperation should not mean that a competent Swedish authority
take any action that
1. contrary to Swedish law,
2. contrary to Swedish general principles, violates
The Swedish sovereignty, endanger national security, or
contrary to other important interests.
4 section in so far as such an international agreement referred to
in section 1 includes measures which involve the exercise of public authority,
foreign officials exercising public authority on Swedish territory in
the cases referred to in Chapter 3.
Definitions
5 for the purposes of this Act, section
Customs regulations: rules on the entry, exit or
transit of goods relating to duties, taxes or
fees or related to prohibition, restriction or
control measures with regard to goods traffic,
breach of duty provision: such an infringement of
the tariff provision of the penalty in accordance with the relevant State laws
and other provisions can be sentenced by court or by
administrative authority,
the competent Swedish authority: the police, the Customs and Excise Department,
The coast guard or the State's agricultural work,
for the following officials: foreign officials who persecute a
person on Swedish territory with the support of such
international agreement referred to in paragraph 1 and the
team. Law (2014:676).
Central coordination
section 6 of the customs service shall be responsible for coordinating cooperation
According to this law.
Direct cooperation between the competent Swedish authority and a
foreign authorities may be in urgent cases. The customs service shall
be informed about such cooperation as soon as possible.
Chapter 2. Measures in Sweden on behalf of another State
Applications
§ 1 unless otherwise stated in such an international
agreement referred to in Chapter 1. section 1, should the application for
assistance is given to the Customs and Excise Department.
If a requested action should be taken by another competent Swedish
authority than the customs service, the application shall be forwarded to the
authority. The requesting authority shall be informed of
transmission.
section 2 of the application shall contain the following information:
1. the requesting authority,
2. applicable international agreement,
3. the measure requested;
4. the purpose of and reason for the request,
5. the laws and other provisions concerned,
6. information on the natural or legal persons who are
the subject of the investigation and
7. a concise statement of the facts.
An application shall be made in writing. In urgent cases, a
oral application is admissible. An oral application shall be confirmed
in writing without delay.
An application must be designed in Swedish or in a language
as the receiving authority can accept.
3 § If an application does not comply with the requirements under paragraph 2, it shall
requesting authority shall be given an opportunity to supplement or amend
the application.
Rejection
section 4 of the application shall be rejected if the
1. It covers an operation referred to in Chapter 1. section 3 must not be taken,
2. it concerns a measure that does not support in such a
international agreement referred to in Chapter 1. section 1,
3. it is so flawed that it cannot be the basis for
requested action despite the opportunity given to supplement or
change the application, or
4. it refers to an action that is manifestly disproportionate in
relation to the alleged seriousness of the infringement.
paragraph 5 of the decision on refusal of any of the grounds referred to in Chapter 1.
3 paragraph 2 shall be taken by the Government. If a competent Swedish
authority finds that an application should be rejected on any such
as a result, the application shall be submitted to the Government.
Otherwise, try the authority handling the case if the
conditions laid down by law are met. If it is
clear that the application shall be refused, the customs service, instead
to forward the application according to § 1, second paragraph, direct
decide on the refusal of the application.
A decision to refuse an application shall contain the reasons
particularly the end.
Exchange of data
section 6 of the Competent Swedish authority may, where necessary for the
implementation of international customs cooperation under this
law, of its own motion or on application, disclose information
to the competent foreign authority or international
Organization, even if a task is classified according to
public access to information and secrecy (2009:400).
The first subparagraph shall apply only to data that is available for
authority in its field. Law (2009:488).
section 7 of the information disclosed under section 6 may, in individual cases
be subject to conditions of use, if required, taking account
to the individual's rights or from a general point of view.
Conditions referred to in the first subparagraph may not be against such an
international agreement referred to in Chapter 1. § 1.
section 8 Has competent Swedish authority sent the task to
the competent foreign authority or international organisation,
is it required to at the request of the person to whom the task relating to the
notify this if the foreign authority or
International Organization task sent to and for
What purpose.
Notification referred to in the first paragraph need not be given, if
It is clearly unnecessary, or whether it can be expected that
the notification would hinder the implementation of foreign
Government or international organization description or
decision in the case.
Notice need not be given of the task
covered by the obligation of professional secrecy pursuant to chapter 18. 1-3 of the public access to information
and secrecy (2009:400). Law (2009:488).
Investigation in Sweden about the violation of the tariff provision
Article 9 of the customs cooperation in the form of a description of the infringement of
the tariff provision of another State may be initiated by the competent Swedish
authority on its own initiative or on application by the competent
foreign authority.
After the application referred to in the first subparagraph, the customs service admit
to a foreign official may attend the investigation in Sweden.
section 10 of the customs service, an official of the customs service or
The coast guard or a police officer may, in the course of investigation
of crimes also correspond to the crime under Swedish law to take
measures under 19, 20, 22 and 26 sections and section 27 of the first and second
law (2000:1225) of punishment for smuggling.
Measures may be taken only under the conditions
apply for a similar measure in respect of offences under
Swedish law and in accordance with the specific provisions of this law.
Coercive measures may not be used under this Act for the purpose of
allow for the confiscation of property.
section 11 if a measure in connection with the investigation requires prosecutorial
or court order under 23, 27 and 28.
the code of judicial procedure and the Act (2000:1225) about the penalties for smuggling,
the application shall be dealt with in accordance with the provisions of part
Act (2000:562) on international legal assistance in criminal matters.
Have seizures effected in connection with the investigation, however, applied
first 27 Cape. the third subparagraph of paragraph 4 of the code of judicial procedure.
§ 12 jurisdiction in matters relating to the investigation of a breach of
the tariff provision for the purposes of this law, the law on the
place where the Swedish investigation began.
Service of documents
section 13 of an act in a case if the investigation is conducted in a
other State served under service law (2010:1932).
Law (2010:1971).
Chapter 3. Trans-border customs cooperation
Cross-border surveillance
paragraph 1 of the foreign officials, on Swedish territory continue
one in their State stub monitoring of an offender who is
reasonable suspicion of a crime referred to in article 19(2)
the customs cooperation Convention, if the customs service or other competent
Swedish authority agrees to it.
Monitoring may take place without the prior consent of the situation
is so urgent that consent cannot be obtained in advance. For
that monitoring should take place without the prior consent is also required
the exceeding of the limit in connection with monitoring
declared to the Customs authority or other competent Swedish authority so
soon as possible and that the foreign authority without
delay request assistance in the investigation.
Monitoring shall immediately terminate if a competent Swedish authority
request Monitoring referred to in the second subparagraph shall also
terminate if consent has not been provided within five hours from the
crossing borders.
Offences referred to in the first subparagraph is
1. illicit trafficking in narcotic drugs and psychotropic substances, weapons,
ammunition, explosives, cultural goods, dangerous and toxic
waste, nuclear material or materials or equipment intended
for the manufacture of nuclear, biological and/or chemical
Weapons (ban-coated),
2. trade in substances listed in lists I and II of the
The United Nations Convention on the Suppression of illicit trafficking
with narcotic drugs and psychotropic substances and intended for the
the illicit manufacture of narcotic drugs (precursors),
3. illicit cross-border trade in excise goods
in order to evade tax or obtain unauthorised State aid in
connection with the import or export of goods, where the
the extent of trade can lead to a considerable load for
The European Union and for the Member States ' budgets,
4. other trade in goods prohibited by Union
or national customs regulations. Law (2011:295).
Cross-border hot pursuit
section 2 If a person is detected in the Act in the process of
commit such an offence referred to in article 1 which might warrant
surrender or extradition, foreign officials
continue in his State have begun pursuit of the person into
Swedish territory, if the customs service or other competent
Swedish authority agrees to it.
Hot pursuit shall be carried out without the prior consent of the situation is
so urgent that consent could not be obtained in advance, or
If Swedish officials have not been able to take over the pursuit of
time. The pursuing officers shall request the assistance of the
the competent Swedish authority not later than the time of
crossing borders.
Hot pursuit shall immediately terminate if a competent Swedish
authority requests it. Lag (2003:1172).
§ 3 If the pursuing officers request it, the competent Swedish
officials to detain the persecuted person.
The pursuing officers may stop and detain the haunting
until the competent Swedish officials can take care
or identify the haunting.
4 § when a person are disposed of in accordance with paragraph 3, second subparagraph,
foreign officials
1. search the seized, if it is done by
safety reasons or to search for items as specified in 2,
2. dispose of objects that may be forfeited pursuant to chapter 36. 3 § 2
Criminal Code, or can be assumed to be relevant to the investigation of
crimes or have avhänts someone by crime, and
3. coat the seized with handcuffs.
Items seized as referred to in the first subparagraph 2 shall so
soon it may be handed over to a competent Swedish official
for the examination of the question whether the seizure as referred to in paragraph 5 of the second paragraph.
section 5 a person is seized under paragraph 3 may be taken into
custody and placed in detention or police custody for a maximum period of six
hours, time between midnight and at nine o'clock in the morning recital.
Thereafter, the immediate release of the person, if it has not been
in such a request if the measure referred to in
1. section 23 of the Act (1957:668) on extradition for criminal offences;
2. Chapter 1. section 2 of the Act (2011:1165) on surrender from Sweden
According to a Nordic arrest warrant;
3. section 6 of the Act (1994:569) on Sweden's collaboration with the
International Tribunals for crimes against international
humanitarian law,
4. section 6 of the Act (2002:329) on cooperation with International
the International Criminal Court, or
5. Chapter 1. section 3 of the Act (2003:1156) on surrender from Sweden
According to the European arrest warrant.
A competent Swedish official may, in anticipation of a
request for a measure under Chapter 4. section 19 of the Act (2000:562)
on international legal assistance in criminal matters at the request of the
foreign State, have seized items seized
According to section 4 according to the conditions that apply to a
corresponding action under the code of judicial procedure or other law
or the Constitution. Law (2011:1174).
Obligations
section 6 of the foreign public officials shall, in the exercise of powers
under this Act,
1. comply with laws and other statutes and instructions
issued by the competent Swedish authority,
2. at all times be able to demonstrate their competence and identity, and
3. contact the Customs and Excise Department and report what actions
taken and the circumstances that exist.
Under the cross-border hot pursuit or monitoring,
foreign officials do not have access to housing
or other places that are not open to the public.
Service weapons may only be used in self-defense situations.
Of Chapter 11. paragraph 1 (f) Weapons Act (1996:67) shows that the exception can
be made from the provision concerning the right of foreign
officers to carry firearms and ammunition for temporary
service in Sweden.
Criminal liability and protection
section 7 of the foreign officials exercising authority under this Act
in Sweden shall be protected under Chapter 17. 1, 2 and 4 of §
the Penal Code in the same manner as if it has been
Swedish public authority.
Foreign officials exercising authority under this law in
Sweden shall be responsible for misconduct pursuant to Chapter 20. 1 §
the Penal Code in the same manner as if it has been
Swedish public authority.
Damages
section 8 On foreign officials performing duties under this law in
Sweden, the Swedish state instead of the foreign
authority or officer any damage arising in
this connection, and for which the foreign authority
or the civil servant would have been liable if
Swedish law has been applicable to them. However, the Swedish State
do not replace the damage incurred by the foreign authority
or the official.
section 9 provisions for the Swedish State's obligation to pay the
Swedish officials cause damage shall not be
apply when the damage caused in another State in connection with
cross-border hot pursuit or monitoring.
Chapter 4. Action in another State for a Swedish count
§ 1 a Swedish request for customs cooperation can be made during
condition that
1. the corresponding action to be taken in Sweden in a similar
case, and
2. the application may be made without this would lead to
information is provided, the surrender would be contrary to the public
account or for Sweden important interests.
section 2 of the Swedish authority Has jurisdiction for the purposes of this Act
received the information or evidence from a different State under
such an international agreement referred to in Chapter 1. 1 §
and that includes conditions that limit the ability to
using the data, the Swedish authorities comply with the conditions
No matter what else is prescribed by law or other
Constitution.
The collection of data
paragraph 3 the competent Swedish authority may in a current investigation
If the violation of the tariff provision request to receive
data in a different State. For such data concerns
the provisions of the public access to information and secrecy (2009:400)
and such conditions for the use referred to in
2 §. Law (2009:488).
Investigation in another State
section 4 If there is a benefit to an investigation of infringement of
tariff provision in Sweden, the Swedish Customs of foreign
authority may request that the Swedish official shall be present at the
investigation taking place in another State.
Service of documents
§ 5 a competent Swedish authority may, in a case of infringement
of a tariff provision, or in a criminal investigation request
service of a document in a different State.
To the extent permitted by an international
agreement referred to in Chapter 1. paragraph 1, a competent Swedish
authority to ensure that service is effected by a person in the other
State by sending the document by post in accordance with §§ 16-18
procedural law (2010:1932). Law (2010:1971).
Transitional provisions
2010:1971
1. this law shall enter into force on 1 april 2011.
2. Older provisions apply where a decision on notification in accordance with
15-17 sections of Service Act (1970:428) has been taken before 1
April 2011 or if the document has been sent or submitted before
This time.
