rijk/verdrag/verdrag-tussen-het-koninkrijk-der-nederlanden-en-de-verenigde-arabische-emiraten/BWBV0006527

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Verdrag tussen het Koninkrijk der Nederlanden en de Verenigde Arabische Emiraten inzake wederzijdse administratieve bijstand in douanezaken	BWBV0006527	verdrag	geldend	2017-12-01	https://wetten.overheid.nl/BWBV0006527	Verdrag tussen het Koninkrijk der Nederlanden en de Verenigde Arabische Emiraten inzake wederzijdse administratieve bijstand in douanezaken

Verdrag tussen het Koninkrijk der Nederlanden en de Verenigde Arabische Emiraten inzake wederzijdse administratieve bijstand in douanezaken

Hoofdstuk I. DEFINITIONS

Artikel 1

For the purposes of this Agreement:

a) a) “Customs administration” shall mean:

      –
      for the Kingdom of the Netherlands: the Tax and Customs Administration;
    
    
      –
      for the Government of the United Arab Emirates: the Federal Customs Authority;

– – for the Kingdom of the Netherlands: the Tax and Customs Administration; – – for the Government of the United Arab Emirates: the Federal Customs Authority; b) b) “Customs claim” shall mean any amount of Customs duties and of increases, surcharges, overdue payments, interests and costs pertaining to the said duties that cannot be collected in one of the Contracting Parties; c) c) “Customs duties” shall mean all duties, taxes, fees or any other charges which are levied, as well as any reimbursement of refunds or export subsidies which is demanded, in the territories of the Contracting Parties in application of Customs law, but not including fees or other charges for services rendered; d) d) “Customs law” shall mean any legal and administrative provisions applicable or enforceable by either Customs administration in connection with the importation, exportation, transshipment, transit, storage and movement of goods, including legal and administrative provisions relating to measures of prohibition, restriction and control in respect of specific goods, and in connection with combating money laundering and terrorist-financing; e) e) “Customs offence” shall mean any violation or attempted violation of Customs law; f) f) “information” shall mean any data, whether or not processed or analysed, and documents, reports, and other communications in any format, including electronic, or certified, or authenticated copies thereof; g) g) “international trade supply chain” shall mean all processes involved in the cross-border movement of goods from the place of origin to the place of final destination; h) h) “official” shall mean any Customs officer or other Government agent designated by either Customs administration; i) i) “person” shall mean any natural or legal person; j) j) “personal data” shall mean any data concerning an identified or identifiable natural person; k) k) “requested administration” shall mean the Customs administration from which assistance is requested; l) l) “requesting administration” shall mean the Customs administration which requests assistance; m) m) “requested Party” shall mean the Contracting Party whose Customs administration is requested to provide assistance; n) n) “requesting Party” shall mean the Contracting Party whose Customs administration requests assistance.

Hoofdstuk II. SCOPE OF THE AGREEMENT

Artikel 2

1. The Contracting Parties shall through their Customs administrations provide each other with administrative assistance under the terms set out in this Agreement, for the proper application of Customs law, for the prevention, investigation and combating of Customs offences and to ensure the security of the international trade supply chain.

2. All assistance under this Agreement by either Contracting Party shall be provided in accordance with its legal and administrative provisions and within the limits of its Customs administration's competence and available resources.

3.

This Agreement is without prejudice to the present and future obligations of:

a) a) the United Arab Emirates as a member of the Gulf Cooperation Council; b) b) the Kingdom of the Netherlands as a member of the European Union.

4. This Agreement covers mutual administrative assistance between the Contracting Parties and is not intended to have an impact on mutual legal assistance agreements between them. If mutual assistance is to be provided by other authorities of the requested Party, the requested administration shall indicate those authorities and where known the relevant agreement or arrangement applicable.

5. The provisions of this Agreement shall not give rise to a right on the part of any person to impede the execution of a request for assistance.

Hoofdstuk III. INFORMATION

Artikel 3

1.

The Customs administrations shall provide each other, either on request or on their own initiative, with information which helps to ensure the proper application of Customs law, the prevention, investigation and combating of Customs offences and the security of the international trade supply chain. Such information may relate to:

a) a) new law enforcement techniques and criteria for risk analysis which have proved their effectiveness; b) b) new trends, means or methods of committing Customs offences; c) c) goods known to be the subject of Customs offences, as well as transport and storage methods used in respect of those goods; d) d) persons known to have committed a Customs offence or suspected of being about to commit a Customs offence; e) e) any other data that can assist Customs administrations with risk assessment for control and facilitation purposes.

2. On request, the requested administration shall provide the requesting administration with information in cases where the latter has reason to doubt the information supplied by a person concerned in a matter relating to the application of Customs law.

Artikel 4

1. Either Customs administration shall, on request or on its own initiative, provide the Customs administration of the other Contracting Party with information on activities, planned, ongoing, or completed, which appear to constitute a Customs offence in the territory of the other Contracting Party.

2. In cases that could involve substantial damage to the economy, public health, public security, including the security of the international trade supply chain, or any other vital interest of either Contracting Party, the Customs administration of the other Contracting Party shall, wherever possible, supply such information on its own initiative without delay.

3. The Customs administrations may by mutual agreement in accordance with Article 21 of this agreement define priority areas for information exchange.

Artikel 5

On request, the requested administration shall provide the requesting administration with information on:

a) a) whether goods exported from the territory of the requesting Party have been lawfully imported into the territory of the requested Party, and the Customs procedure, if any, under which the goods have been placed; b) b) whether goods imported into the territory of the requesting Party have been lawfully exported from the territory of the requested Party.

Artikel 6

The Customs administrations may, by mutual arrangement in accordance with Article 21 of this Agreement, transmit to one another any information covered by this Agreement on an automatic basis.

Artikel 7

The Customs administrations may, by mutual arrangement in accordance with Article 21 of this Agreement, transmit specific information to one another in advance of the arrival of consignments in the territory of the other Contracting Party.

Hoofdstuk IV. SPECIAL TYPES OF ASSISTANCE

Artikel 8

The Customs Administrations may assist each other by benchmarking, exchanging knowledge, experience and best practices on matters such as:

a) a) training of staff; b) b) Customs procedures; c) c) risk Management; d) d) use of technical equipment for control; e) e) managerial and administrative organization.

Artikel 9

1. On request , the customs administrations shall assist each other in the recovery of customs claims in accordance with their national legislation. In such assistance, the customs administrations will make use of their respective national legal and administrative provisions for the recovery of their own customs duties.

2. Assistance in recovering Customs claims shall be arranged in accordance with Article 21 of this Agreement.

Artikel 10

1.

On request, the requested administration shall maintain surveillance over and provide information on:

a) a) goods, either in transport or in storage, known to have been used or suspected of being used to commit a Customs offence in the territory of the requesting Party; b) b) means of transport known to have been used or suspected of being used to commit a Customs offence in the territory of the requesting Party; c) c) premises in the territory of the requested Party known to have been used or suspected of being used in connection with the commission of a Customs offence in the territory of the requesting Party; d) d) persons known to have committed a Customs offence or suspected of being about to commit a Customs offence in the territory of the requesting Party, particularly those moving into and out of the territory of the requested Party.

2. Either Customs administration may maintain such surveillance and provide such information on its own initiative if it has reason to believe that activities planned, ongoing or completed appear to constitute a Customs offence in the territory of the other Contracting Party.

Artikel 11

On request, the requested administration may authorize officials to appear before a court or tribunal in the territory of the requesting Party as experts or witnesses in a matter related to the application of Customs law.

Hoofdstuk V. COMMUNICATION OF REQUESTS

Artikel 12

1. Requests for assistance under this Agreement shall be addressed directly to the Customs administration of the other Contracting Party. Requests shall be made in writing or electronically and shall be accompanied by any information deemed useful for compliance with the request. The requested administration may require written confirmation of electronic requests. Where the circumstances so require, requests may be made verbally. Such requests shall be confirmed as soon as possible either in writing, or, if acceptable to both Customs administrations, electronically.

2.

Requests made pursuant to paragraph 1 of this Article shall include the following details:

a) a) the name of the requesting administration; b) b) the matter at issue, type of assistance requested, and reasons for the request; c) c) a brief description of the case under review and the legal and administrative provisions that apply; d) d) the names and addresses of the persons to whom the request relates, if known. e) e) Any other facts that may assist in executing the request.

3. Where the requesting administration requests that a certain procedure or methodology be followed, the requested administration shall comply with such a request subject to its national legal and administrative provisions.

4. Original information shall only be requested in cases where copies would be insufficient and shall be returned at the earliest opportunity. The rights of the requested administration or of third parties relating thereto shall remain unaffected.

Hoofdstuk VI. EXECUTION OF REQUESTS

Artikel 13

1. lf the requested administration does not have the information requested, it shall initiate inquiries to obtain that information within its competence and in accordance with the legislation in force in its state.

2. If the requested administration is not the appropriate authority to initiate inquiries to obtain the information requested, it may, in addition to indicating the appropriate authority, transmit the request to that authority.

Artikel 14

1. On request, the requested administration shall initiate investigations into a Customs offence and bring the results to the attention of the requesting administration. Such investigations shall be conducted in accordance with the legislation in force in the state of the requested administration. The requested administration shall proceed as if it were acting on its own behalf.

2. The officials of the requesting administration may, in specific cases, with the consent of the requested administration and under any conditions specified by the requested administration, be present in the territory of the requested Party at investigations of Customs offences of the relevant state.

3. An official of the requesting administration present in the territory of the requested Party pursuant to paragraph 2 of this article shall act in an advisory capacity only and shall under no circumstances actively participate in the investigation. Such official shall not meet the people being questioned nor take part in any investigative activity on his own behalf.

Artikel 15

1. When officials of either Contracting Party are present in the territory of the other Contracting Party under the terms of this Agreement, they must at all times be able to furnish proof of their identity and official capacity.

2. Officials of either Contracting Party shall, while in the territory of the other Contracting Party under the terms of this Agreement, enjoy the protection accorded to Customs officers of the other Contracting Party to the extent provided by its legal and administrative provisions, and be responsible for any offence they might commit.

Hoofdstuk VII. USE, CONFIDENTIALITY AND PROTECTION OF INFORMATION

Artikel 16

1. Any information received under this Agreement shall be used solely for the purposes of this Agreement and by the Customs administrations, except in cases in which the Customs administration furnishing such information has expressly approved in writing its use for other purposes or by other Government authorities of the Contracting Parties, subject to any terms and conditions it may specify. However, it shall not be transferred to third countries.

2. Use of information in accordance with paragraph 1 of this article, shall be in accordance with the legal and administrative provisions of the Contracting Party which seeks to use the information. The use of information for other purposes includes its use in criminal investigations, prosecutions or proceedings.

Artikel 17

Any information received under this Agreement shall be treated as confidential and shall at least be subject to the same protection and confidentiality as the same kind of information is subject to under the national legislation of the Contracting Party where it is received.

Artikel 18

To ensure their protection, personal data provided to the other Party within the cooperation framework instituted by this Agreement shall be based on the internal laws of each Contracting Party in compliance with the following provisions:

1. 1. The Customs Administration receiving personal data may use them only for the purposes and under the conditions defined by the issuing Customs Administration, including the time limits after which such data must be destroyed.
2. 2. The Customs Administration receiving personal data shall inform the issuing Customs Administration on request of how they are used and the results obtained.
3. 3. Personal data shall be transmitted solely to the competent Customs Administration for the activity for which the data are needed; such data may be transmitted to other authorities only with the issuing Customs Administration’s written consent.
4. 4. The issuing Customs Administration shall guarantee the accuracy of the data provided after ensuring that provision of the data is necessary for and appropriate to the intended purpose. If it is found that inaccurate or non-communicable data have been provided, the issuing Customs Administration shall promptly inform the recipient Customs Administration, which shall correct inaccurate data and destroy non-communicable data.
5. 5. The person concerned shall be informed, upon request, of the personal data present about him and of the use to be made thereof. Such an obligation shall not exist in so far as the public interest in not informing the person concerned outweighs the interest of that person in being informed. The right to be informed shall otherwise be governed by national legal and administrative provisions.
6. 6. Personal data must be destroyed as soon as the recipient Customs Administration no longer has any need for them. The recipient Customs Administration shall promptly inform the issuing Customs Administration that the data have been destroyed, stating the reason why.
7. 7. Each Customs Administration shall keep a register of data provided and their destruction.
8. 8. The Customs Administrations shall guarantee that personal data provided to them is protected against any unauthorized access, modification or publication.
9. 9. If this Agreement is terminated or not renewed, all personal data must be promptly destroyed.
10. Personal data shall not be transmitted to third parties.

Hoofdstuk VIII. EXEMPTIONS

Artikel 19

1. Where any assistance requested under this Agreement may infringe the sovereignty, security, public policy or any other substantive national interest of the requested Party, or prejudice any legitimate commercial or professional interest, such assistance may be declined by that Contracting Party or provided subject to any terms and conditions it may require.

2. Where the requesting administration would be unable to comply if a similar request were made by the requested administration, it shall draw attention to that fact in its request. Compliance with such a request shall be at the discretion of the requested administration.

3. Assistance may be postponed if there are grounds to believe that it will interfere with an ongoing investigation, prosecution or proceeding. In such a case the requested administration shall consult with the requesting administration to determine if assistance can be provided subject to any terms and conditions the requested administration may require.

4. If the requested administration considers that the effort required to fulfil a request is clearly disproportionate to the perceived benefit to the requesting administration, it may decline to provide the requested assistance.

5. The requested administration declining or postponing assistance shall inform the requesting administration hereof without delay. The reasons for declining or postponement shall be given.

Hoofdstuk IX. COSTS

Artikel 20

1. Subject to paragraphs 2 and 3 of this Article, the Contracting Parties shall waive all claims for reimbursement of costs incurred in the application of this Agreement.

2. Expenses and allowances paid to experts and witnesses, as well as costs of translators and interpreters other than Government employees, shall be borne by the requesting Party.

3. If the execution of a request requires expenses of a substantial or extraordinary nature, the Contracting Parties shall consult to determine the terms and conditions under which the request will be executed as well as the manner in which the costs shall be borne.

Hoofdstuk X. IMPLEMENTATION AND APPLICATION OF THE AGREEMENT

Artikel 21

The Customs administrations shall jointly decide on detailed arrangements, within the framework of this Agreement, to facilitate the implementation and application of this Agreement.

Hoofdstuk XI. TERRITORIAL APPLICATION

Artikel 22

1. This agreement shall be applicable in the territories of the Contracting Parties.

2.

As far as the Kingdom of the Netherlands is concerned, this Agreement shall be applicable to:

a. a. its territory in Europe and the Caribbean parts of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba); b. b. Aruba; c. c. Curaçao; and d. d. Sint Maarten.

3. In contravention to paragraph 2 of this article, paragraph 3 (b) of Article 2 is only applicable to its territory in Europe.

Hoofdstuk XII. SETTLEMENT OF DISPUTES

Artikel 23

1. The Customs administrations shall endeavour to resolve disputes or other difficulties concerning the interpretation or application of this Agreement by mutual accord.

2. Unresolved disputes or difficulties shall be settled through diplomatic channels.

Hoofdstuk XIII. FINAL PROVISIONS

Artikel 24

This Agreement shall enter into force on the first day of the second month after the Parties have notified each other in writing through diplomatic channels that the constitutional or internal requirements for the entry into force of this Agreement have been met.

Artikel 25

Either Contracting Party may request to meet in order to review this Agreement.

Artikel 26

1. This Agreement is intended to be of unlimited duration but either Contracting Party may terminate it at any time by notification through diplomatic channels.

2. The termination shall take effect three months from the date of the notification of such to the other Contracting Party.