0.632.401.02 original text agreement in the form of an exchange of letters between the Swiss Confederation and the Community European adding to the agreement of 22 July 1972 between Switzerland and the Community European economic an additional protocol on administrative assistance in customs matters signed in Luxembourg on 9 June 1997 approved by the Federal Assembly on 10 March 1998, which entered into force by Exchange of notes on 1 July 1998 (status on 20 July 1999) federal Office of Foreign Economic Affairs of Switzerland Bern, June 9, 1997, the Council of the European Union Brussels gentlemen, I have the honour to acknowledge receipt of your letter of today whose content is the following: "I have the honour to refer to the negotiations between representatives of the European Community and the Swiss Confederation on mutual administrative assistance in customs matters adding a protocol agreement y relative to the agreement of 22 July 1972.»
This additional protocol, which is enclosed to this letter, will be part of the agreement of 22 July 1972 and will enter into force on the first day of the second month following the date on which the completion of the procedures necessary for this purpose will be notified. Waiting for the completion of these procedures, it will be applied provisionally from 1 July 1997.
I would be grateful to confirm the agreement of the Swiss Confederation to the foregoing."
I am able to confirm the agreement of the Swiss Confederation to the foregoing.
Please accept, gentlemen, the assurance of my highest consideration.
Additional Protocol on mutual administrative assistance in customs matters art. 1 definition for the purposes of this Protocol, means: a. 'goods', any goods under the chapter 1 to 97 of the harmonized system, regardless of the scope of application of the agreement of 22 July 1972; (b) 'customs legislation', any legal or regulatory provision adopted by the Community European or Swiss Confederation governing the import, export, transit of goods and their placing under any customs procedure including measures of prohibition, restriction and control; (c) 'applicant authority': a competent administrative authority which has been designated by a Contracting Party for this purpose and which makes a request for assistance in customs matters; (d) "requested authority", a competent administrative authority which has been designated by a Contracting Party for this purpose and which receives a request for assistance in customs matters; e. 'operations in breach of customs legislation. any violation of the customs legislation and any attempt of violation of this law.
Art. 2 scope 1. The contracting parties lend each other support, in the areas within their competence, in the manner and under the conditions provided for in this Protocol, to ensure that customs legislation is correctly applied, including by preventing and detecting operations contrary to the legislation and in conducting investigations thereon.
2. assistance in customs matters provided for in this Protocol applies to any administrative authority of the contracting parties concerned for the purposes of this Protocol. It is without prejudice to the provisions governing mutual assistance in criminal matters. Similarly, it does not apply to information obtained under powers exercised at the request of the judicial authorities, except by agreement with those authorities.
Art. 3 assistance on request 1. At the request of the applicant authority, the requested authority shall communicate to it any useful information allowing it to ensure that customs legislation is correctly applied, including information regarding operations noted or planned which contravene or are likely to be contrary to this legislation.
2. at the request of the applicant authority, the requested authority informs it about whether if goods exported from the territory of one of the contracting parties have been regularly imported into the territory of the other party, specifying, where appropriate, the customs procedure under which the goods have been placed.
3. at the request of the applicant authority, the requested authority takes the necessary measures, under its legislation, to ensure that a surveillance on: a. the physical or legal persons which there is reasonably to believe that they are committing or have committed operations in breach of customs legislation; (b) places where goods deposits consist in conditions such that they reasonably suggest that they are intended to supply operations in breach to the Customs legislation; c. reported movements of goods to be operations in breach of customs legislation; (d) means of transport that it be reasonably to believe that they have been, are or may be used to carry out operations in breach of customs legislation.
Art. 4 spontaneous assistance the contracting parties lend each other assistance, on their own initiative, in accordance with their laws, rules and other legal instruments, if they consider that it is necessary for the correct application of customs legislation, particularly when they obtain information pertaining:-operations which are contrary or who appear them to be contrary to this legislation and which may be of interest to the other Contracting Party the new means or methods used to perform these operations, - the goods which we know that they are the subject of operations in breach of customs legislation, - the physical or legal persons which there is reasonably to believe that they are committing or have committed operations in breach of customs legislation, - to the means of transport there is reasonably to believe that they have been are or can be used to carry out operations in breach of customs legislation.
Art. 5 communication/notification at the request of the applicant authority, the requested authority takes all necessary measures in accordance with its law, to: - communicate any document - notify any decision, as well as any other relevant Act which forms part of the procedure in question entering the field of application of this Protocol, to a recipient residing or established in its territory. In this case, art. 6 by. 3 is applicable to the application communication or notification.
Art. 6 form and substance of requests for assistance 1. Requests made under this Protocol are presented in writing. They are accompanied by the documents considered useful for to respond. When required by the urgency of the situation, oral requests may be accepted, but they must immediately be confirmed in writing.
2. applications made in accordance with the by. 1 include the following information: a. the applicant authority making the request; (b) the measure requested; c. the purpose and the reason of the request; d. legislation, the rules and other legal elements involved; e. directions as accurate and comprehensive as possible on the natural or legal persons who are the subject of investigations; (f) a summary of relevant facts and of the enquiries already carried out except in the cases provided for in art. 5 3. Applications are established in an official language of the requested authority or in a language acceptable to that authority.
4. If a request does not meet the formal conditions, it is possible to ask whether corrected or completed; However, precautionary measures may be ordered.
Art. 7 execution of requests 1. In response to a request for assistance, the requested authority shall, within the limits of its jurisdiction and its resources, as if she was acting for its own account or at the request of other authorities of the same Contracting Party, by providing the information it already has and in doing or making appropriate investigation. This provision also applies to the Administrative Department to which the request has been addressed by the requested authority when it cannot act alone.
2. Requests for assistance are satisfied according to the legislation, rules and other legal instruments of the requested Contracting Party.
3. duly authorized officials of a Contracting Party may, with the agreement of the other Contracting Party involved and under the conditions laid down by it, collect, in the offices of the requested authority or other authority which it is responsible, information relating to operations against or may be contrary to the customs legislation which the applicant authority needs, as part of an investigation , for the purposes of this Protocol.
4. officials of a Contracting Party may, with the agreement of the other Contracting Party involved and in the conditions laid down by the latter, be present at investigations in the territory of the latter.
Art. 8 form in which information must be disclosed
1. the requested authority shall communicate the results of the investigations to the requesting authority in the form of documents, certified copies of documents, reports and similar texts.
2. the provision of documents provided to the by. 1 may be replaced by that produced information, in any form whatsoever and for the same purpose, by means of information technology.
Art. 9 exceptions to the obligation to provide assistance 1. The contracting parties may refuse to lend assistance in respect of this Protocol if such assistance: a. is likely to infringe on the sovereignty of the Swiss Confederation or a Member State of the community called to provide assistance to the title of this forgotten the source protocol. is likely to prejudice public order, security or other essential interests particularly in the case referred to in art. 10 by. 2 FM. involves a tax regulations or Exchange other than the legislation customs oud. involves a violation of an industrial, commercial or professional secret.
2. If the applicant authority requests assistance that it could not itself provide if it was requested, she draw attention to that fact in its request. It is then up to the requested authority to decide how she should respond to this request.
3. If assistance is refused, the decision and the reasons that explain it must be notified to the applicant authority without delay.
Art. 10 confidentiality 1. Any information communicated in whatever form pursuant to this Protocol, whether is of a confidential nature or restricted, according to the rules applicable in each Contracting Party. It is covered by the obligation of professional secrecy and enjoys the protection granted to similar information by the laws applicable in the territory of the Contracting Party which received it, as well as by the corresponding provisions applying to the Community authorities.
2. the personal data, that is information relating to an identified or identifiable individual, may be exchanged only if the Contracting Party recipient undertakes to protect such data in a manner at least equivalent to the one applicable to the particular case in the Contracting Party may provide them.
Art. 11. use of information 1. The collected information is used only for the purposes of this Protocol. When a Contracting Party requests the use of such information for other purposes, it shall request the written consent of the authority which provided the information. This use is then subject to the restrictions imposed by this authority.
2. the by. 1 does not obstacle to use of the information in the context of judicial or administrative actions initiated for failure to comply with customs legislation. The competent authority which has provided this information is informed without delay of such use.
3. the contracting parties may make State, as evidence, in their minutes, reports and testimonies as well as during the proceedings and prosecutions before the courts, information and documents consulted in accordance with the provisions of this Protocol.
Art. 12 experts and witnesses an agent of a requested authority may be authorized to appear, within the limits set by the authorization which has been granted, as expert or witness in judicial or administrative actions involved in the areas covered by this Protocol, in the jurisdiction of the other Contracting Party, and to produce objects, documents or certified copies in line which may be necessary for the procedure. The request for appearance must indicate precisely in what case, in what capacity and in what capacity the agent will be questioned.
Art. 13 assistance expenses the contracting parties renounce to any claim for reimbursement of the expenses resulting from the application of this Protocol, except in what concerns, if any, compensation paid to experts, witnesses, interpreters and translators who are not public services and share.
Art. 14 application 1. The application of this Protocol is entrusted to the Customs authorities of the Swiss Confederation on the one hand and the competent services of the Commission of the European communities and, if necessary, the Customs authorities of the Member States of the European Community on the other hand. They decide to all measures and practical arrangements necessary for its application, taking into account the rules in force in the field of the protection of data.
2. the contracting parties shall consult and inform each other detailed rules adopted in accordance with the provisions of this Protocol. They exchange including the list of the competent authorities authorized to intervene under this Protocol.
Joint Declaration the parties agree that a working group should be established by the Joint Committee in order to assist in the management of the Protocol on mutual administrative assistance.
1999 1820 RO; FF 1998 605 RS 0.632.401 RO 1999 1819 RS 0.632.401 State on July 20, 1999