section 1 of The agreement between Sweden and Lithuania on mutual
assistance in customs matters signed on 24 January 1995,
with the exception of article 14 apply that regulation in this country.
The understanding of English and American originaltext2 can be found in the annex
to this regulation.
section 2 of the customs service shall notify such provisions as needed
for the enforcement of this Regulation as referred to in article 18(1)
the second sentence in the agreement. Regulation (1999:536).
2 the Lithuanian text is available at the State Department.
AGREEMENT BETWEEN THE GOVERNMENT OF THE KINGDOM OF
SWEDEN AND THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA
REGARDING MUTUAL ASSISTANCE IN CUSTOMS MATTERS
THE GOVERNMENT OF THE KINGDOM OF SWEDEN AND THE REPUBLIC OF
LITHUANIA, 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 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 Republic of
Lithuania, the Customs Department under the Ministry of Finance
(Muitines departamentas prie Finansu ministerijos).
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
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 rules governing mutual assistance in criminal
matters.
COMMUNICATION OF INFORMATION
ARTICLE 3
1. The Customs Authorities shall, upon request, supply to each other
all 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 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 any 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.
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
materials 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 customs 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 part.
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 case and in
what capacity the official is to appear.
USE OF INFORMATION AND DOCUMENTS
ARTICLE 12
1. the Information, documents and other communications received during
This Agreement shall not be used for purposes other than those
specified in this Agreement, without the written consent of the
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. Paragraph 1 shall not impede the use of information in any
judicial or administrative proceedings subsequently instituted for
failure to comply with customs legislation.
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 the courts, use as evidence
information and documents obtained in accordance with this Agreement.
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 interest 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 form 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, be 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 the 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 whereof the undersigned, duly authorized thereto, have
signed this Agreement.
Done at Vilnius, on January 24, 1995, in duplicate, in the Swedish,
Lithuanian and English languages, all texts being equally authentic.
In case of any divergence of interpretation of the provisions of this
Agreement, the English text shall prevail.
For the Government of the Kingdom of Sweden
Lena Hjelm-Wallen
For the Government of the Republic of Lithuania
Porylas Gylys
AGREEMENT BETWEEN THE GOVERNMENT OF THE KINGDOM OF SWEDEN AND THE REPUBLIC OF
THE LITHUANIAN GOVERNMENT ON MUTUAL ASSISTANCE IN CUSTOMS MATTERS
The GOVERNMENTS of the REPUBLIC OF LITHUANIA and the KINGDOM of SWEDEN,
referred to as the Contracting Parties,
CONSIDERING that breaches of customs legislation is detrimental to their respective
economic, fiscal, social and commercial interests
as well as the legitimate interests of trade;
Considering the importance of ensuring a proper determination and
a real collection of customs duties, other taxes or import charges
or the export of goods, as well as the correct application of regulations
If the prohibition, restriction and control;
Convinced that endeavours to prevent breaches of
Customs legislation and efforts to ensure the correct collection
of import and export duties and other taxes or charges may
be made more effective through cooperation between their customs authorities;
NOTING the recommendation of the Customs Cooperation Council on mutual
administrative assistance of december 5, 1953;
HAVE AGREED AS FOLLOWS:
DEFINITIONS
ARTICLE 1
For the purposes of this agreement
1. "customs legislation", provisions in laws, regulations and administrative provisions
concerning the import, export and transit of goods, as well as any other
Customs procedure, customs duties, other taxes, or
fees imposed by Customs authorities, or relates to the prohibition,
restrictions or control.
2. "crime", any violation of the customs legislation as well as any
attempts to breach.
3. "customs authority", in the Kingdom of Sweden General Board of customs and
in the Republic of Lithuania Muitines departamentas prie Finansu
ministerijos.
4. "requesting customs authority", the competent customs authority of a
Contracting Party which makes a request for assistance in customs matters.
5. ' requested customs authority ", the competent customs authority of a
Contracting Party which receives a request for assistance in
Customs issues.
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
the territories of the parties with the knowledge of the competent authorities, and
under their supervision, in order to identify persons who are
involved in illicit trafficking in narcotic drugs and psychotropic substances.
SCOPE of APPLICATION
ARTICLE 2
1. The Contracting Parties shall, through their customs authorities and
in accordance with the provisions of this agreement, afford each other
mutual assistance
(a) in order to ensure that customs legislation is properly
are complied with;
(b) for the purposes of the prevention, investigation and prosecution of crimes against the
the customs legislation;
(c) in matters concerning the service/notification in connection with
application of the customs legislation;
(d) in cases regarding the recovery of claims relating to
Customs legislation.
2. assistance under this Agreement shall be provided in accordance with
the legislation of the requested Contracting Party
territory and within the framework of the requested customs authority
powers and resources. If necessary, a customs authority
ensure that assistance be given by other competent authority in accordance
with the legislation of the requested Contracting Party
territory. This agreement shall not prejudicera applicable regulations
concerning mutual assistance in criminal matters.
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) the collection of customs duties, other taxes or charges imposed by
the Customs authorities and, in particular, information that may be helpful
When determining customs value and tariff classification;
(b) the application of the provisions on import and export prohibitions and
restrictions;
(c) the application of national rules of origin, when aid cannot
provided pursuant to 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 applicable
legislation in the requested Contracting Party.
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 which shows that the
(a) goods imported into one of the Contracting Parties
territory has been exported legally from the other Contracting
party's territory;
(b) goods exported from one of the Contracting Parties
territory has been imported legally to the other Contracting
party's territory;
(c) goods granted preferential treatment to exports from one
Contracting Party's territory has been imported properly
order to the territory of the other Contracting Party, in which case the
It is assumed that information shall also be given if any
Customs control measures to which the goods have been subjected.
ARTICLE 5
The customs authority of one Contracting Party shall, ex officio or
upon request, furnish the other Contracting Party's customs authority all
information concerning the violation of customs rules, as this can have
advantage of, and in particular information on
(a) persons known or suspected of committing, or have
committed crimes against customs legislation in force in the other
Contracting Party's territory;
(b) goods known to be subject to illegal traffic;
(c) means of transport and containers that are known or suspected of
to be used in breach of customs legislation in the other
Contracting Party's territory;
(d) new tools and methods used in the crimes against
Customs legislation.
ARTICLE 6
The customs authority of one Contracting Party shall, ex officio or
upon request, furnish the other Contracting Party's customs authority
reports, documents containing evidence or certified copies of
documents with all available information on the detected or
planned activities which constitute or appear to constitute an offence
with applicable customs legislation in the latter Contracting Party
territory.
Original files and documents shall be requested only where
certified copies are not sufficient. The original submitted
shall be returned as soon as possible.
ARTICLE 7
The documents referred to in this agreement may be replaced by
computerized information produced in any form for the same purpose.
Guidelines for the interpretation and use of the material should at the same time
be provided.
SURVEILLANCE OF PERSONS, GOODS AND MEANS OF TRANSPORT
ARTICLE 8
The customs authority of one Contracting Party shall, within the framework of the
their powers and resources, of their own accord or at the request of the
other Contracting Party's customs authority, exercise the supervision of
(a) travel, in particular the entry into and exit from its territory,
undertaken by people who are known or suspected to commit
or having committed offences against the customs legislation in force in the other
Contracting Party's territory;
(b) means of transport and containers that are known or suspected of
to be used in breach of customs legislation in the other
Contracting Party's territory;
(c) movements of the other Contracting Party
Customs authority is reported to give rise to significant illicit traffic
to or from its territory or suspicions thereof.
CONTROLLED DELIVERIES
ARTICLE 9
1. If it is compatible with the fundamental principles of their
respective legal systems, the Contracting Parties shall, as far as
possible, take appropriate measures on the basis of mutual
agreements or arrangements allow the rational use of
controlled delivery at the international level in order to
identify the persons involved in illicit trafficking in narcotic drugs
and psychotropic substances and to take legal action against
them.
2. controlled deliveries shall be based on
agreements in each case. They can, if necessary,
and provided that it is in compliance with the national
the legislation of the Contracting Parties shall take into account the met
financial arrangements and 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 completely or
partially replaced.
SURVEYS
ARTICLE 10
1. the requested customs authority shall, upon request, initiate official
investigations of procedures that conflict or appear to conflict with
current customs legislation within the requesting contracting party
territory. The results of such surveys shall be notified to the
the requesting customs authority.
2. These tests shall be undertaken in accordance with the applicable
legislation in the requested Contracting Party.
The requested customs authority shall proceed as though it were for
own account.
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 cases concerning violation of the customs legislation
before, the other Contracting Party customs authority
authorize its officers to appear as experts or
witnesses before those courts or authorities to be consulted on
such facts as those obtained in the service. Of the request for
appearance must clearly state 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
under this agreement may not be used for purposes other than those
specified in this agree-ment without written permission from
the customs authority which left them. these provisions are not
applicable to the information, documents and other communications
concerning offences relating to narcotic drugs and psychotropic substances.
2. Information communicated under this Agreement shall,
in whatever form they are given, 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 legislation in
the receiving contracting party's territory.
3. paragraph 1 shall not impede the use of information in the
judicial or administrative proceedings initiated thereafter with the
breach of customs legislation.
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
hearings and prosecutions before the courts, use as evidence
information and documents obtained under the agreement.
Right to rely on such information and documents as evidence
before the courts and the weight to be attached thereby is determined by the
national legislation.
SERVICE/NOTIFICATION
ARTICLE 13
On request, the requested customs authority shall, in accordance with
the legislation of the requested Contracting Party
territory, communicate to interested natural or legal persons, that is
residing or established in its territory, all documents and
decisions within the framework of this agreement, arising from the
the requesting customs authority.
ASSISTANCE WITH DEBT COLLECTION
ARTICLE 14
1. Upon request, the requested customs authority shall take the necessary
action to recover debts. Such claims include
other taxes, fees and interest on these, which is incurred and
received 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 determined in accordance
with article 18:1 and is based on an act that permits the
collected in the requesting party's territory.
3. the request for recovery of a claim shall be attached to the
an official or certified copy of the document that allows
the recovery of this and a translation in accordance with the provisions of
Article 15:3.
4. The document which allows the recovery of the claim shall, where
appropriate and in accordance with the legislation in force in the
requested Contracting Party's territory, be accepted, recognized,
be supplemented or replaced by a document which allows the recovery of
Contracting Party's territory.
5. Questions regarding the limitation period for a claim shall be governed
by the applicable legislation of the requested Contracting Party
territory.
6. the claims to be recovered shall not be given preferential rights in the
requested Contracting Party's territory.
7. A bankruptcy petition against the debtor, on the basis of a claim can
be submitted only if the requesting and the requested customs authorities will
agree on this. Costs as a result of the bankruptcy proceedings be
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 requesting
the customs authority.
9. matters concerning the existence or amount of the claim
or the Act, which allows the collected, may be brought
only before the competent body of the requesting contracting
party's territory.
10. Claims shall be recovered in the requested Contracting Party
currency, in accordance with the official exchange rate valid on the date of
the request was received.
11. Amounts recovered shall be transferred to the requesting
Customs authority shall, after deduction of fees and expenses, due in
accordance with the legislation of the requested Contracting
party's territory.
FORM AND SUBSTANCE OF REQUESTS FOR ASSISTANCE
ARTICLE 15
1. Requests under this Agreement shall be made
in writing. The documents required for such manufacture
to be executed shall be attached to the petition. In urgent
situations, including oral requests are accepted. Such
petitions shall be confirmed in writing immediately.
2. requests pursuant to paragraph 1 of this article shall contain:
information on the
(a) the customs authority making the request;
(b) the measure requested;
(c) the purpose of and reason for the request;
(d) laws, regulations, rules and other legal grounds;
(e) so thorough and detailed information as possible on the natural
or legal person who is the subject of the investigation;
(f) a concise statement of the facts, except in the cases
addressed in article 13.
3. Requests shall be submitted in the requested Contracting
the party's official language, in English or in any of the
requested customs authority acceptable language.
4. If a request does not meet the formal requirements,
its correction or completion may be requested; The implementation of the measures in
security purposes will not be affected thereby.
EXEMPTIONS FROM THE OBLIGATION TO PROVIDE ASSISTANCE
ARTICLE 16
1. If the requested customs authority considers that the requested assistance
would violate the sovereignty of the requested Contracting Party,
General principles, security or other essential interests,
would constitute a violation of an industrial, commercial or
professional secrecy in that Contracting Party, it may refuse to
provide such assistance, provide it partially or with certain conditions or
subject.
2. If assistance is withheld, the
the requesting customs authority shall without delay be notified thereof and the reasons
for refusal assistance shall be specified.
3. If a customs authority requests assistance which it would not
to be able to leave if it was requested in addition by the other Contracting
the party's customs authority, it shall draw attention to that fact in its request.
In such a case, the requested customs authority may have the discretion
to determine if the request should be complied with.
COSTS
ARTICLE 17
Each customs authority should refrain from demanding compensation for
expenses incurred pursuant to this agreement,
But what concerns compensation to experts, witnesses, interpreters and
translator, as well as the derogations referred to in article 14.
IMPLEMENTATION
ARTICLE 18
1. the application of this Agreement shall be entrusted to the
the Customs authorities of the Contracting Parties. Those authorities shall
jointly agree on implementing provisions.
2. the Customs authorities of the Contracting Parties may arrange for
to their investigative units can be in direct connection with the
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. Each Government shall to notify the other through diplomatic channels when
all national legal requirements necessary for the entry into force
have been met. Agreement shall enter into force sixty days after the
the last notification is received.
2. This agreement may be terminated in writing by diplomatic
way and ceases to apply six months after such termination
received by the other Contracting Party.
In witness whereof the undersigned, being duly of the Vedas
plenipotentiaries, have signed this agreement.
Established in Vilnius, on 24 January 1995, in duplicate in Swedish,
Lithuanian and English languages, the three texts equally authentic. In
case of dispute on the interpretation of the provisions of this Agreement shall
English text shall prevail.
For the Government of the Kingdom of Sweden
Lena Hjelm-Wallen
For the Government of the Republic of Lithuania
Porylas Gylys
