section 1 of The agreement between Sweden and Slovakia on the
mutual assistance in customs matters signed on 28
October 1997 shall apply that regulation in this country.
The understanding of English and American originaltext2, see
the annex to this regulation.
section 2 of the customs service shall notify such provisions as
necessary for enforcement of this Regulation as referred to in
Article 18(1), second sentence, of the agreement.
Regulation (1999:551).
AGREEMENT BETWEEN THE GOVERNMENT OF THE KINGDOM OF SWEDEN AND
THE GOVERNMENT OF THE SLOVAK REPUBLIC REGARDING MUTUAL
ASSISTANCE IN CUSTOMS MATTERS
THE GOVERNMENT OF THE KINGDOM OF SWEDEN AND THE GOVERNMENT OF
The SLOVAK REPUBLIC, hereinafter referred to as the Contracting
Parties,
CONSIDERING that offences against customs legislation are
prejudicial to the economic, fiscal, social and commercial
interests of their respective countries as well as to the
legitimate interests of trade;
CONSIDERING the importance of assuring the accurate assessment
and collection of customs duties, taxes, fees or other charges
on importation or exportation of goods, as well as the proper
implementation of the provisions of prohibition, restriction and
control;
CONVINCED that efforts to prevent offences against customs
legislation and efforts to ensure accurate collection of import
and export duties, taxes, fees or other charges can be rendered
more effective through co-operation between their Customs
Authorities;
HAVING REGARD TO the Recommendation of the Customs co-operation
The Council on mutual administrative assistance of
December 5, 1953;
HAVE AGREED AS FOLLOWS:
DEFINITION
ARTICLE 1
For the purposes of the present Agreement,
1. ' Customs legislation ' shall mean provisions laid down by law
or regulation concerning the importation, exportation, transit
of goods or any other customs procedure, whether relating to
Customs duties, taxes, fees or other charges levied by Customs
Authorities, or to measures of prohibition, restriction or
control.
2. the "Offence" shall mean any violation of the customs legislation as
well as any attempted violation of such legislation.
3. "Customs Authority" shall mean in the Kingdom of Sweden, the
Board of Customs (Customs Agency) and in the Slovak
Republic, the Ministry of Finance, the Customs Directorate of
the Slovak Republic (Colné riaditel Slovenskej republiky ' stvo).
4. "the Applicant Customs Authority ' shall mean the competent
Customs Authority of a Contracting Party which makes a request
for assistance in customs matters.
5. ' Requested Customs Authority ' shall mean the competent
Customs Authority of a Contracting Party which receives a
request for assistance in customs matters.
6. "Controlled delivery" shall mean the technique of allowing
illicit or suspect consignments of narcotic drugs, psychotropic
substances or substances the profile file for them, to pass out of,
through or into the territories of the Contracting Parties,
with the knowledge and under the supervision of their competent
authorities, with a view to identifying persons involved in the
illicit trafficking of narcotic drugs and psychotropic
substances.
SCOPE OF AGREEMENT
ARTICLE 2
1. The Contracting Parties shall, through their Customs
Authorities and in accordance with the provisions set out in
This Agreement, afford each other mutual assistance:
(a) in order to ensure that customs legislation is properly
followed;
(b) in order to prevent, investigate and combat offences
against customs legislation;
(c) in cases concerning delivery/notification of documents
regarding the application of customs legislation;
(d) in cases concerning recovery of claims related to customs
legislation.
2. Assistance within the framework of this Agreement shall be
rendered in accordance with the legislation in force in the
territory of the requested Contracting Party and within the
competence and resources of the requested Customs Authority. If
necessary, a Customs Authority can arrange for assistance to be
provided by another competent authority, in accordance with
the legislation in force in the territory of the requested
Contracting Party. This Agreement shall not prejudice the
the provisions of any Agreement on legal assistance in criminal
matters to which the Contracting Parties have adhered.
COMMUNICATION OF INFORMATION
ARTICLE 3
1. The Customs Authorities shall, upon request, supply to each
other any information which may help to ensure accuracy in:
(a) the collection of customs duties, taxes, fees or other
charges levied by Customs Authorities and, in particular,
information which may help to assess the value of goods for
Customs purposes and to establish their tariff classification;
(b) the implementation of import and export prohibitions and
restrictions;
(c) the application of national rules of origin not covered by
other arrangements concluded by one of or both Contracting
Parties.
2. If the requested Customs Authority does not have the
the information asked for, it shall seek that information in
accordance with the legislation in force in the territory of
the requested Contracting 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 any information showing that:
(a) goods imported into the territory of one Contracting Party
have been lawfully exported from the territory of the other
Contracting Party;
(b) goods exported from the territory of one Contracting Party
have been lawfully imported into the territory of the other
Contracting Party;
(c) goods which are granted favourable treatment upon
exportation from the territory of one Contracting Party have
been duly imported into the territory of the other Contracting
Party, it being understood that information shall also be
provided on any customs control measures to which the goods
have been subjected.
ARTICLE 5
The Customs Authority of one Contracting Party shall, on its
own initiative or upon request, supply to the Customs Authority
of the other Contracting Party with all the information likely to be of
use to it relating to offences against customs legislation and,
in particular, regarding:
(a) persons known or suspected of committing or having
committed offences against the customs legislation in force in
the territory of the other Contracting Party;
(b) goods known to be subject of illicit traffic;
(c) means of transport and containers, known or suspected of
being used in committing offences against the customs
legislation in force in the territory of the other Contracting
Party;
(d) new ways and means employed in committing offences against
Customs legislation.
ARTICLE 6
The Customs Authority of one Contracting Party shall, on its
own initiative or upon request, supply to the Customs Authority
of the other Contracting Party reports, records of evidence or
certified copies of documents giving all available information
on activities, detected or planned, which constitute or appear
to constitute an offence against the customs legislation in
force in the territory of that Contracting Party.
Original files and documents shall be requested only in cases
where certified copies would be insufficient. Originals which
have been transmitted shall be returned at the earliest
opportunity unless return is waived by the requested Customs
Authority.
ARTICLE 7
The documents referred to in this Agreement may be replaced by
/information produced in any form for the same
purpose. All relevant information for the interpretation or
utilization 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 Contracting Party shall, within
its competence and resources, on its own initiative or upon
request by the Customs Authority of the other Contracting
Party, maintain surveillance over:
(a) the movements, particularly entry into and exit from its
territory, of persons known or suspected of committing or
having committed offences against the legislation in force in the
territory of the other Contracting Party;
(b) any means of transport and containers, known or suspected
of being used in committing offences against the customs
legislation in force in the territory of the other Contracting
Party;
(c) movements of goods reported by the Customs Authority of the
other Contracting Party, which could result in substantial
illicit traffic to or from its territory or suspicions thereof.
CONTROLLED DELIVERY
ARTICLE 9
1. If permitted by the basic principles of their respective
domestic legal systems, the Contracting Parties shall take the
necessary measures, 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, with a view to identifying persons involved in
the illicit trafficking of narcotic drugs and psychotropic
substances 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 necessary, and provided it is
in conformity with the national legislation of the Contracting
Parties, take into account financial arrangements and
understandings reached.
3. Illicit consignments whose controlled delivery is agreed to,
may, by mutual consent of the competent authorities, be
intercepted and allowed to continue with the narcotic drugs or
psychotropic substances intact or removed or replaced in whole
or in party.
INVESTIGATIONS
ARTICLE 10
1. Upon application, the requested Customs Authority shall
initiate official inquiries concerning operations which are or
appear to be contrary to the customs legislation in force in
the territory of the applicant Contracting Party. It shall
communicate the results of such inquiries to the applicant
Customs Authority.
2. These inquiries shall be conducted under the legislation in
force in the territory of the requested Contracting 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
applicant Contracting Party to be present at such
investigations.
EXPERTS AND WITNESSES
ARTICLE 11
If the courts or the authorities of one Contracting Party so
request in connection with offences against customs legislation
brought before them, the Customs Authority of the other
Contracting Party may authorize its officials to appear as
experts or witnesses before those courts or authorities. Such
officials shall give evidence regarding facts established by
them in the course of their duties. The request for appearance
must clearly indicate in what cases and in what capacity the
official is to appear.
USE OF INFORMATION AND DOCUMENTS
ARTICLE 12
1. the Information, documents and other communications received
under this Agreement shall not be used for purposes other than
those specified in this Agreement, without the written consent
of the Customs Authority which furnished them. These provisions
are not applicable to information, documents and other
communications concerning offences relevant to narcotic drugs
and psychotropic substances.
2. Any information communicated in whatever form pursuant 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 Contracting Party which received it.
3. The provisions of paragraph 1 shall not impede the use of
information in case of failure to comply with customs
legislation, also in possible administrative or judicial
proceedings.
4. The Customs Authorities of the Contracting Parties may,
However, in accordance with the purposes and within the scope
of this Agreement, in their records of evidence, reports, and
testimonies, and in proceedings and charges brought before
courts, use as evidence information and documents obtained in
accordance with this Agreement.
5. The use made of such information and documents as evidence
in courts and the weight to be attached thereto shall be
determined in accordance with national legislation.
DELIVERY/NOTIFICATION
ARTICLE 13
Upon application, the requested Customs Authority shall, in
accordance with the legislation in force in the territory of
the requested Contracting 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 emanate from the applicant Customs
Authority.
ASSISTANCE IN RECOVERY
ARTICLE 14
1. Upon application, the requested Customs Authority shall take
necessary steps to recover customs duty claims. Such claims
also include taxes, fees or other charges, as well as the interests
thereupon, levied and collected in accordance with customs
legislation by Customs Authorities.
2. The provisions of paragraph 1 shall apply only to claims
which exceed a minimum amount, to be established in accordance
with Article 18:1, and from the subject of an instrument
permitting their enforcement in the territory of the applicant
Contracting Party.
3. A request for recovery of a claim must be accompanied by an
official or certified copy of the instrument permitting its
enforcement and a translation in accordance with the provisions
of Article 15:3.
4. The instrument permitting enforcement of the claim shall,
where appropriate and in accordance with the legislation in
force in the territory of the requested Contracting Party, ask
accepted, recognized, supplemented or replaced by an instrument
authorizing enforcement in the territory of that Contracting
Party.
5. Questions concerning any period beyond which a claim cannot
be enforced shall be governed by the legislation in force in
the territory of the requested Contracting Party.
6. the Claims to be recovered shall not be given preferential
treatment in the territory of the requested Contracting Party.
7. A bankruptcy petition against the debtor, on the basis of a
claim, can be filed only if the applicant and the requested
Customs Authorities so agree. Costs resulting from bankruptcy
proceedings shall be paid by the applicant Customs Authority.
8. The requested Customs Authority may allow deferral of
payment or payment by instalments, but shall first inform the
applicant Customs Authority.
9. Proceedings relating to the existence or the amount of the
claim or the instrument permitting its enforcement may be
brought only before the appropriate body of the applicant
Contracting Party.
10. Claims shall be recovered in the currency of the requested
Contracting Party in accordance with the official exchange rate
on the day when the request was received.
11. the Amounts which have been recovered shall be transmitted to
the applicant Customs Authority, after deduction of fees and
costs which are levied in accordance with the legislation in
force in the territory of the requested Contracting Party.
THE FORM AND SUBSTANCE OF REQUESTS FOR ASSISTANCE
ARTICLE 15
1. Requests pursuant to the present Agreement shall be made in
writing. Documents necessary for the execution of such requests
shall accompany the request. When required because of the
urgency of the situation, oral requests may be accepted, but
must be confirmed in writing immediately.
2. Requests pursuant to paragraph 1 of this Article shall
include the following information:
(a) the Customs Authority making the request;
(b) the measure requested;
(c) the object of and the reason for the request;
(d) the laws, rules, regulations and other legal elements
involved;
(e) indications as exact and comprehensive as possible on the
natural or legal persons being the target of the
investigations;
(f) a summary of the relevant facts, except in cases provided
for in Article 13.
3. Requests shall be submitted in an official language of the
requested Contracting Party, in English or in another language
acceptable to the requested Customs Authority.
4. If a request does not meet the formal requirements, its
correction or completion may be demanded; the ordering of
precautionary measures shall not be affected thereby.
EXCEPTIONS FROM THE LIABILITY TO RENDER ASSISTANCE
ARTICLE 16
1. If the requested Customs Authority considers that the
assistance sought would infringe upon the sovereignty, public
order, security or other essential interests of the requested
Contracting Party or would involve violation of an industrial,
commercial or professional secret in the territory of that
Contracting Party, it may refuse to provide such assistance,
provide it partly or provide it subject to certain conditions
or requirements.
2. If a request for assistance cannot be complied with, the
applicant Customs Authority shall be notified without delay and
shall be informed of the reasons for the refusal to provide
assistance.
3. If a Customs Authority asks for assistance which it would
itself be unable to give if asked to do so by the Customs
Authority of the other Contracting Party, it shall draw
attention to that fact in its request. Compliance with such a
request shall be within the discretion of the requested Customs
Authority.
COSTS
ARTICLE 17
Each Customs Authority shall waive all claims for reimbursement
of costs incurred in the execution of this Agreement, with the
exception of expenses for experts, witnesses, interpreters and
translators as well as the exceptions stated in Article 14.
IMPLEMENTATION
ARTICLE 18
1. Implementation of this Agreement shall be entrusted to the
Customs Authorities of the Contracting Parties. Those
Authorities shall mutually agree on detailed arrangements for
that purpose.
2. The Customs Authorities of the Contracting Parties may
arrange for their investigation services to be in direct
communication with each other.
TERRITORIAL APPLICABILITY
Article 19
This Agreement shall apply to the territories of both
Contracting Parties.
ENTRY INTO FORCE AND TERMINATION
ARTICLE 20
1. Each Government shall notify one another through diplomatic
the channels when all necessary national legal requirements for
entry into force have been ugly fil led. The Agreement shall enter
into force sixty days after the last notification has been
received.
2. 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 Contracting
Party.
In witness hereof the undersigned, duly authorized thereto,
have signed this Agreement.
Done at Stockholm on 28 October 1997, in duplicate, in the
Swedish Slovak and English languages, all texts being equally
authentic. In case of any divergence of interpretation of the
the provisions of this Agreement, the English text shall prevail.
AGREEMENT BETWEEN THE GOVERNMENT OF THE KINGDOM OF SWEDEN AND
THE GOVERNMENT OF THE SLOVAK REPUBLIC ON MUTUAL ASSISTANCE IN
CUSTOMS ISSUES
THE GOVERNMENT OF THE KINGDOM OF SWEDEN AND THE SLOVAK REPUBLIC,
Government, hereinafter referred to as the Contracting Parties,
Considering that the violation of the customs legislation is detrimental to their respective
economic, fiscal, social and commercial interests
as well as the legitimate interests of trade,
TAKING into ACCOUNT the importance of ensuring that duties, taxes or
other charges at import or export of goods are established and
are there really, as well as to regulations on prohibition,
restrictions and control is properly applied,
Is convinced that efforts to prevent crimes against
Customs legislation and to ensure the correct levying and collection of
import and export duties and taxes or other fees may
be made more effective through cooperation between their
Customs authorities, and
DRAWS ATTENTION to the recommendation of the Customs Cooperation Council on mutual
administrative assistance of december 5, 1953.
THE PARTIES HAVE COME
AGREE ON THE FOLLOWING:
DEFINITIONS
ARTICLE 1
For the purposes of this agreement
1. Customs law: provisions in laws, regulations and administrative
relating to the import, export and transit of goods,
like any other customs procedure, customs duties,
taxes or other fees imposed by Customs authorities;
or relates to the prohibition, restriction or control,
2. violation: any violation of the customs legislation as well as any
attempts at such infringement,
3. the customs authority: in the Kingdom of Sweden General Customs Board
and in the Republic of Slovakia Colné riaditel Slovenskej ' stvo
Republiky,
4. the requesting customs authority: the competent customs authority of a
Contracting Party which makes a request for assistance in
Customs matters;
5. the requested customs authority: the competent customs authority of a
Contracting Party which receives a request for assistance in
Customs matters;
6. controlled delivery: method to allow an illegal
or suspected shipment of narcotic drugs, psychotropic substances
or substances with which such replaced, taken out of, through or
into the territory of the Contracting Parties with the competent
the knowledge of the authorities and under their supervision, in order
to identify persons involved in illicit trafficking in
narcotic drugs and psychotropic substances.
SCOPE of APPLICATION
ARTICLE 2
1. the Contracting Parties through their customs authorities
and in accordance with the provisions of this Agreement provide
mutual assistance
(a)) in order to ensure that customs legislation is properly
are complied with,
(b)) in order to prevent, investigate and prosecute crimes against
Customs legislation;
(c)) in cases relating to notification/notification in connection with
application of customs legislation,
d) in matters relating to the recovery of claims relating
the customs legislation.
2. assistance under this Agreement shall be provided in accordance
with the legislation in force in the requested Contracting
territory and within the framework of the requested
Customs ' powers and resources. If this is the
necessary, a customs authority to ensure that assistance is provided
by another competent authority in accordance with the applicable
legislation in the requested Contracting Party
territory. This agreement shall not affect the application of
the provisions relating to mutual assistance in criminal matters
to which the Contracting Parties have joined.
EXCHANGE OF INFORMATION
ARTICLE 3
1. the Customs authorities shall, on request, provide each other with all
information which can help to ensure accuracy in
(a)) collection of customs duties, taxes and other charges imposed by
the Customs authorities and, in particular, information which can be
help with customs valuation and classification according to
customs tariff,
b) enforcement of rules on import and export prohibitions and
restrictions,
c) the application of national rules of origin when assistance is not
can be provided under other agreements.
2. If the requested customs authority does not have the required
the information, it shall seek to obtain these in accordance with
the legislation of the requested Contracting Party
territory.
3. the requested customs authority shall seek to obtain
information as if it were acting on its own behalf.
ARTICLE 4
The Customs authorities shall, on request, provide each other with all
information showing that
a) goods imported into one of the Contracting Parties
territory has been exported legally from the other
territory of that Contracting Party,
b) goods exported from one of the Contracting Parties
territory has been imported legally to the other
territory of that Contracting Party,
c) goods granted preferential treatment to exports from one
Contracting Party is imported in
due to the other Contracting Party
territory, in which case it is assumed that the authorities should also
advise on whether and in what way the goods customs controls.
ARTICLE 5
The customs authority of one Contracting Party shall, ex officio
or upon request, furnish the other Contracting Party
Customs authority all information concerning the violation of customs rules
that this can benefit from and in particular information on
a) persons known or suspected of committing, or have
committed crimes against customs legislation in force in the other
territory of that Contracting Party,
b) goods known to be subject to illicit traffic,
c) means of transport and containers that are known or suspected
to be used in breach of customs legislation in the
the territory of the other Contracting Party,
d) new tools and methods used in the crimes against
Customs legislation.
ARTICLE 6
The customs authority of one Contracting Party shall accord to
or, on request, provide the other Contracting Party
Customs Service reports, documents containing evidence or
certified copies of documents with all available
information about the detected or planned activities, which
constitute or appear to constitute a violation of applicable
Customs legislation in the latter Contracting Party
territory.
Original files and documents shall be requested only where
certified copies are not sufficient. Originals
been transmitted shall be returned as soon as possible, unless the
requested customs authority decided not to make them again.
ARTICLE 7
The documents referred to in this agreement may be replaced by
computerized information produced in any form for the same
purposes. Guidelines for the interpretation and use of the material
at the same time, should be provided.
SURVEILLANCE OF PERSONS, GOODS AND MEANS OF TRANSPORT
ARTICLE 8
The customs authority of one Contracting Party shall, within the framework
for their powers and resources, of their own accord or at the request
by the other Contracting Party's customs administration, monitor
(a)) trips, designated multi-entry visa to exit from its
territory carried out by people who are known or
suspected of committing or having committed offences against the
law within the territory of the other Contracting Party,
b) means of transport and containers that are known or suspected
to be used in breach of customs legislation in the
the territory of the other Contracting Party,
c) movements which of the other Contracting Party
Customs authority is reported to give rise to significant illicit
traffic to or from its territory, or suspicions of
such traffic.
CONTROLLED DELIVERIES
ARTICLE 9
1. If it is compatible with the fundamental principles of the
the respective legal systems of the Contracting Parties, they shall so
far as possible take the necessary steps to
basis of mutual agreements or arrangements allow the
appropriate use of controlled delivery on
international level to be able to identify people who are
involved in illicit trafficking in narcotic drugs and psychotropic substances
and to be able to take legal action against them.
2. controlled deliveries shall be based on
agreements in each case. The decisions can, if it is
necessary and provided that it is in accordance with the
national legislation of the Contracting Parties, take
account of met economic agreements.
3. Illicit consignments covered by the agreement on
controlled delivery shall, by mutual consent from the relevant
authorities, be intercepted and allowed to continue with the
narcotic or psychotropic substances intact or removed
or partially or completely replaced.
SURVEYS
ARTICLE 10
1. the requested customs authority shall, upon request, initiate
official investigations of procedures which conflict or
appear to contravene the existing customs legislation within the
requesting contracting party's territory. The results of the
such surveys shall be notified to the requesting
the customs authority.
2. These tests shall be undertaken in accordance with the applicable
legislation in the requested Contracting Party
territory. The requested customs authority shall make as if it
were acting on their own behalf.
3. the requested customs authority may allow the requesting
Contracting Party's officials to be present at such
surveys.
EXPERTS AND WITNESSES
ARTICLE 11
At the request of one of the Contracting Parties, the courts or
authorities in the case of breaches of customs legislation brought
the other Contracting Party can customs authority may authorize
their officials to appear as experts or witnesses
before those courts or authorities to be consulted on such
facts they have obtained in the service. The notice must be clearly
indicate in which case and in what capacity the official
shall appear.
THE USE OF INFORMATION AND DOCUMENTS
ARTICLE 12
1. information, documents and other communications obtained
According to this agreement may only be used for purposes other
than those specified in this agreement if the customs authority
that left them gives written permission. These provisions are
does not apply to information, documents and other
messages concerning offences relating to narcotic drugs and psychotropic
topics.
2. Information communicated under this Agreement shall
in whatever form they submitted be kept confidential. They shall
covered by the obligation of professional secrecy and shall enjoy the protection afforded the same
kind of information and documents in accordance with the applicable
legislation in the receiving Contracting Party
territory.
3. the provisions of paragraph 1 shall not prevent the use of
information in case of violation of the customs legislation, including
any administrative and judicial procedures.
4. the Customs authorities of the Contracting Parties may, however,
in accordance with the purposes and within the framework of this
Agreement, in its documents containing evidence, reports
and testimonies and in proceedings and charges before the courts
use as evidence information and documents received
According to the agreement.
5. The right to rely on such information and documents
evidence before the courts and the weight to be attached thereby is determined
of the domestic legislation.
SERVICE/NOTIFICATION
ARTICLE 13
On request, the requested customs authority shall, in accordance with
the legislation of the requested Contracting Party
territory, share/inform the natural or legal
persons resident or established in its territory
all actions and decisions within the framework of this agreement
derived from the requesting customs authority.
ASSISTANCE WITH DEBT COLLECTION
ARTICLE 14
1. Upon request, the requested customs authority shall take
the measures necessary to recover the customs debt. Such
Receivables include taxes, other charges and interest on
These imposed and collected by the Customs authorities in accordance
with the customs legislation.
2. the provisions of paragraph 1 shall apply only to
claims which exceed a minimum amount to be
be established in accordance with article 18:1 and is based on a
Act that allows that they collected in the requesting party
territory.
3. the request for recovery of a claim shall
attached to an official or certified copy of the document
allows recovery and a translation in accordance with the provisions
Article 15:3.
4. The document which allows the recovery of the claim shall,
where appropriate and in accordance with the applicable law
within the territory of the requested Contracting Party shall be accepted,
be recognised, supplemented or replaced by a document
allows recovery in the territory in question.
5. Questions regarding the limitation period for a claim shall be governed
by the applicable legislation in the requested Contracting
party's territory.
6. loans and advances to be recovered must not be given preference in
the requested Contracting Party.
7. A bankruptcy petition against the debtor, on the basis of a claim
can be filed only if the requesting and the requested customs authorities
so agree. Costs as a result of the trustee Manager-
procedure shall be paid by the requesting customs authority.
8. the requested customs authority may authorize the suspension of
payment or installment, but shall first inform the
the requesting customs authority.
9. matters concerning the existence or amount of
the claim or the instrument permitting the collected,
be brought only before the competent bodies of the requesting
Contracting Party's territory.
10. Claims shall be recovered in the requested Contracting
the party's currency, in accordance with the official exchange rate
force on the date on which the request was received.
11. Sums recovered shall be transferred to the
the requesting customs authority, since it pulled out of fees and
costs that are incurred in accordance with the legislation in force in the
the requested Contracting Party.
FORM AND SUBSTANCE OF REQUESTS FOR ASSISTANCE
ARTICLE 15
1. Requests under this Agreement shall be made
in writing. The documents required for such
the request shall be executed shall be attached. In
urgent situations can also be oral requests
be accepted. Such shall be confirmed in writing immediately.
2. requests referred to in paragraph 1 shall contain the following information:
If
(a)) the customs authority making the request;
(b)) the requested action,
(c)) the destination and reason for the request;
d) laws, regulations, rules and other legal
grounds,
e) so thorough and detailed information as possible about the
natural or legal persons who are the subject of the investigation,
f) a concise statement of the facts, but in the
cases referred to in article 13.
3. Requests shall be submitted in the requested
the official languages of the Contracting Party, in English or in
something else for the requested customs authority acceptable language.
4. If a request does not meet the formal requirements,
its correction or completion may be requested; Measures for security purposes
shall not be affected thereby.
EXEMPTIONS FROM THE OBLIGATION TO PROVIDE ASSISTANCE
ARTICLE 16
1. If the requested customs authority considers that the requested
the aid would be contrary to the requested Contracting Party
sovereignty, general principles of law, guarantee or other
essential interests or would constitute a violation of a
industrial, commercial or professional secret in this
a Contracting Party may refuse to provide such assistance,
leave it partially or do it with certain conditions or
subject.
2. If assistance cannot be followed, the
the requesting customs authority shall be notified without delay
and the reasons for that assistance is not provided, shall be indicated.
3. If a customs authority requests assistance which it would itself
to be able to leave if it was requested to do so by the other
Contracting Party's customs authority, it shall draw attention to this
in their petition. In such a case, the requested
the Customs authorities have the discretion to decide whether to
approve the request.
COSTS
ARTICLE 17
Each customs authority should refrain from demanding compensation for
costs occasioned by this agreement
applied, except as regards remuneration for experts, witnesses,
interpreters and translators as well as the derogations referred to in article 14.
APPLICATION
ARTICLE 18
1. the Customs authorities of the Contracting Parties shall be
the application of this agreement. Those authorities shall
jointly agree on implementing provisions.
2. the Customs authorities of the Contracting Parties may take
measures to their investigative units shall be in
direct connection with each other.
TERRITORIAL APPLICABILITY
ARTICLE 19
This agreement shall apply to both Contracting
the territories of the parties.
ENTRY INTO FORCE AND TERMINATION
ARTICLE 20
1. Governments shall notify each other through diplomatic channels on
When all national legal requirements necessary for
entry into force have been met. Agreement enters into force
sixty days after the last notification has been
received.
2. This agreement may be terminated in writing at
diplomatic means and cease to apply six months after the
such termination is received by the other Contracting
party.
In witness whereof the undersigned, being duly of the Vedas
plenipotentiaries, have signed this agreement.
Done at Stockholm on 28 October 1997, in duplicate in the
Swedish, Slovak and English languages, the three texts possess
equally authentic. In case of a dispute relating to the interpretation of the provisions of the
This agreement, the English text shall prevail.
