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Agreement Between The Government Of The Republic Of Latvia And The Government Of The Republic Of Hungary Regarding Co-operation And Mutual Assistance In Customs Matters
THE GOVERNMENT OF THE REPUBLIC OF LATVIA AND THE GOVERNMENT OF THE REPUBLIC OF HUNGARY, hereinafter referred to as the Contracting Parties;
CONSIDERING that offences against customs legislation are prejudicial to the economic, fiscal, social, cultural and commercial interests of their respective countries;
CONSIDERING the importance of assuring the accurate assessment and collection of customs duties, taxes, fees and other charges on importation or exportation of goods, as well as the proper implementation of provisions of prohibition, restriction or control;
CONVINCED that efforts to prevent offences against customs legislation and efforts to ensure accurate collection of import and export duties, taxes, fees and other charges can be rendered more effective through co-operation between their Customs Authorities;
HAVING REGARD TO the Recommendation of the Customs Co-operation Council on mutual administrative assistance of December 5, 1953;
HAVING REGARD ALSO TO the provisions of the Single Convention on Narcotic Drugs of 1961 amended by the Protocol of 1972; and the Convention on Psychotropic Substances of 1971 drawn up under the auspices of the United Nations Organisation as well as the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988;
HAVE AGREED AS FOLLOWS:
DEFINITIONS
Article 1
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 and other charges levied by Customs Authorities, or to measures of prohibition, restriction or control.
2. "Customs offence" shall mean any violation or attempted violation of customs legislation.
3. "Customs Authority" shall mean in the Republic of Latvia, the State Revenue Service National Customs Board (Valsts ieņēmumu dienesta Galvenā Muitas pārvalde); and in the Republic of Hungary, the Directorate General of the Customs and Finance Guard (Vam- ēs Pēnz?gy›rsēg Orszagos Parancsnoksaga).
4. "Requesting 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 consignment of narcotic drugs, psychotropic substances, goods indicated in the Note I. and II. being the annex to the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotopric Substances of 21 December 1988 or substances substituted for them, to pass out of, through or into the territories of one or more countries, with the knowledge and under the supervision of their competent authorities, with a view to identify persons involved in the activities considered as crimes by Article 3 paragraph (1) of the UN Convention mentioned above.
7. "Person" shall mean either a natural human being or a legal entity.
8. "Personal Data" shall mean data concerning an identified or identifiable natural human being.
9. "Information" shall mean any data, documents, reports, certified or authenticated copies thereof or other communications.
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 and notification of documents regarding application of 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 State 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 State of the requested Contracting Party.
3. This Agreement does not cover criminal legal aid.
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 and other charges levied by Customs Authorities and, in particular, information which may help to assess the customs value of goods 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 contractual 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 State 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 the following information:
a) whether goods imported into the territory of the State of one Contracting Party have been lawfully exported from the territory of the State of the other Contracting Party;
b) whether goods exported from the territory of the State of one Contracting Party have been lawfully imported into the territory of the State of the other Contracting Party, and the nature of the customs procedure, if any, under which the goods have been placed;
c) whether goods which are granted favourable treatment upon exportation from the territory of the State of one Contracting Party have been duly imported into the territory of the State 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 all 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 State of the other Contracting Party;
b) goods known to be subject of illicit traffic;
c) means of transport and containers known to be or suspected of being used in committing offences against the customs legislation in force in the territory of the State of the other Contracting Party;
d) new methods and means employed in committing offences against customs legislation;
e) premises known to be or suspected of being used in committing offences against the customs legislation in force in the territory of the State of the other Contracting Party.
Article 6
1. 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 the State of that Contracting Party.
2. Original files and documents shall be requested only in cases where certified copies would be insufficient. Originals which have been transmitted shall be returned without delay as soon as the reason for which they had been provided to the Customs Authority of the other Contracting Party ceased to exist.
Article 7
The documents provided for in this Agreement may be replaced by computerised 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 of 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 customs legislation in force in the territory of the State of the other Contracting Party;
b) any means of transport and containers known to be or suspected of being used in committing offences against the customs legislation in force in the territory of the State 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. The Customs Authorities may, by mutual consent and within their competence determined by national legislation, use controlled delivery in order to identify persons involved in an offence. When a decision on the use of controlled delivery is not within the competence of the Customs Authority it shall initiate co-operation with national authorities with such competence or transfer the case to that authority.
2. 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, psychotropic substances or substances substituted for them intact or - in case the conditions are ensured - removed or replaced in whole or in part.
3. Decisions concerning the use of controlled delivery shall be taken on a case-by-case basis, and may, if necessary, take into account financial arrangements and understandings between the competent national authorities.
INQUIRIES
Article 10
1. Upon request, 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 State of the requesting Contracting Party. It shall communicate the results of such inquiries to the requesting Customs Authority.
2. These inquiries shall be conducted under the legislation in force in the territory of the State 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 requesting Contracting Party to be present at such inquiries.
4. When representatives of the Customs Authority of one of the Contracting Parties are present in the territory of the State of the other Contracting Party, pursuant to this Agreement, they must at all times be able to furnish proof of their official capacity. They must not be in uniform and carry arms.
EXPERTS AND WITNESSES
Article 11
1. If the courts or the authorities of the State 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 authorise 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.
2. The official requested to appear as witness or expert has the privilege to refuse to give evidence or a statement, if he is entitled or obliged to do so by virtue of the laws of his own State or those of the requesting Contracting Party.
USE OF INFORMATION AND DOCUMENTS
Article 12
1. 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. Such information may be transmitted to other authorities directly involved in the fight against illicit trafficking of such drugs and 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 State 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 non-compliance with customs legislation.
4. In accordance with the purposes and within the scope of this Agreement, the Customs Authorities of the Contracting Parties may, however, use as evidence information and documents obtained:
a) in their records of evidence, reports and testimonies and
b) in proceedings and charges brought before courts.
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.
PERSONAL DATA PROTECTION
Article 13
In accordance with the legislation of the Contracting Parties, the protection of personal data shall at least be subject to the following conditions:
a) personal data shall not be transmitted whenever there are reasonable grounds to believe that the transfer or the use made of the data transmitted would be contrary to the basic legal principles of one of the Contracting Parties, and, in particular, if the person concerned would suffer undue disadvantages. Upon request of the Customs Authority furnishing personal data, the receiving Customs Authority shall inform the furnishing Customs Authority of the use made of the information supplied and of the results achieved;
b) personal data may only be transmitted to Customs Authorities and other law enforcement authorities, and in the case of need for prosecution purposes, to public prosecution and judicial authorities. Such information shall not be communicated to persons other than those required to use it for such purposes unless the authorities supplying the information expressly agree and the law governing the authorities which receive the data allows such communication;
c) the requested Customs Authority must ascertain the validity and correctness of the personal data to be submitted. In case the requested Customs Authority finds that incorrect or restricted personal data have been submitted, it must inform the requesting Customs Authority of this fact without delay. The requesting Customs Authority shall correct, destroy or delete the personal data, if so required;
d) the requested Customs Authority shall together with the personal data provide information on the required deadline regarding data deletion according to the legislation of its State. The personal data shall be deleted when the need for their use ceases to exist;
e) the Customs Authorities of the Contracting Parties shall keep a register on the personal data submitted or received, and effectively protect any personal data against unauthorised access, modification, publication, damage or destruction.
DELIVERY AND NOTIFICATION
Article 14
Upon request, the requested Customs Authority shall, in accordance with the legislation in force in the territory of the State of the requested Contracting Party, deliver or 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 requesting Customs Authority.
FORM AND SUBSTANCE OF REQUESTS FOR ASSISTANCE
Article 15
1. Requests pursuant to this 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 without delay.
2. Requests pursuant to paragraph 1 of this Article shall include the following information:
a) the requesting Customs Authority;
b) the measure requested;
c) the object of and the reason for the request;
d) the legislation and other legal elements involved;
e) indications as exact and comprehensive as possible on the natural or legal persons being the target of the inquiries;
f) a summary of the relevant facts, except in cases provided for in Article 14.
3. Requests shall be submitted either in an official language of the requested Contracting Party, or 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 the State of that Contracting Party, it may refuse to provide such assistance or may provide the assistance only if certain conditions are met.
2. If a request for assistance cannot be complied with, the requesting Customs Authority shall be notified without delay and shall be informed of the reasons for the refusal to provide assistance.
3. If the requesting 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
The Customs Authorities of the Contracting Parties shall not claim the reimbursement of costs incurred in the execution of this Agreement, with the exception of expenses for experts, witnesses, interpreters and translators not being public administration employees.
IMPLEMENTATION
Article 18
1. The assistance provided for under this Agreement shall be supplied directly between the Customs Authorities of the Contracting Parties.
2. The Customs Authorities of the Contracting Parties shall jointly decide the detailed arrangements for the implementation of this Agreement.
3. The Customs Authorities of the Contracting Parties shall endeavour to resolve by mutual accord any differences or doubt arising from the interpretation or application of this Agreement. Differences for which no solutions are found shall be settled through diplomatic channels.
TERRITORIAL APPLICABILITY
Article 19
This Agreement shall be applicable to the customs territories of the States of both Contracting Parties.
ENTRY INTO FORCE AND TERMINATION
Article 20
1. Each Contracting Party shall notify one another through diplomatic channels when all necessary national legal requirements for entry into force have been fulfilled. The Agreement shall enter into force sixty days after the last notification has been received.
2. This Agreement is intended to be of unlimited duration. The 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 Riga, on May 2 in 2001, in two originals, in the Latvian, Hungarian and English languages, each of these texts being equally authentic. In case of divergence of interpretation, the English language text shall prevail.
For the Government For the Government
of the Republic of the Republic
of Latvia of Hungary
Indulis Bērziņš J‡nos Martonyi
Minister of Foreign Minister of Foreign
Affairs of the Republic Affairs of the Republic
of Latvia of Hungary
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