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| titel | bwb_id | type | status | datum_inwerkingtreding | bron | citeertitel |
|---|---|---|---|---|---|---|
| Verdrag tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Republiek Belarus inzake samenwerking en wederzijdse administratieve bijstand in douanezaken | BWBV0006744 | verdrag | geldend | 2019-06-01 | https://wetten.overheid.nl/BWBV0006744 | Verdrag tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Republiek Belarus inzake samenwerking en wederzijdse administratieve bijstand in douanezaken |
Verdrag tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Republiek Belarus inzake samenwerking en wederzijdse administratieve bijstand in douanezaken
Hoofdstuk I. DEFINITIONS IN THE AGREEMENT
Artikel 1
For the purposes of this Agreement:
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“Customs Administration” shall mean:
– in the Republic of Belarus: the State Customs Committee, and – in the Kingdom of the Netherlands: the central administration responsible for the implementation of customs law;
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– – in the Republic of Belarus: the State Customs Committee, and – – in the Kingdom of the Netherlands: the central administration responsible for the implementation of customs law; 2. 2. “customs duties” shall mean all duties, taxes, fees or any other charges which are levied in the territories of the Contracting Parties in application of customs law, but not including fees and charges for services rendered; 3. 3. “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, and in connection with combating money laundering and the financing of terrorism; 4. 4. “customs offence” shall mean any violation or attempted violation of customs law; 5. 5. “information” shall mean any data, whether or not processed or analyzed, and documents, reports and other communications in any format, including electronic, or certified or authenticated copies thereof; 6. 6. “personal data” shall mean any information relating to an identified or identifiable natural person; 7. 7. “requested Customs Administration” shall mean the Customs Administration of a Contracting Party, which receives a request for assistance; 8. 8. “requesting Customs Administration” shall mean the Customs Administration of a Contracting Party, which makes a request for assistance.
Hoofdstuk II. SCOPE OF THE AGREEMENT
Artikel 2
1. The Contracting Parties shall afford each other assistance through their Customs Administrations in order to ensure the proper application of customs law, in particular by preventing, investigating and combating any customs offence in accordance with the provisions of this Agreement and to ensure the security of the international trade supply chain.
2. All assistance rendered under this Agreement by either Contracting Party shall be performed in accordance with its national legislation and within the limits of its Customs Administrations competence and available resources.
3. Mutual assistance under this Agreement does not affect the provisions applicable regarding mutual assistance in criminal matters.
4. 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.
5. The present Agreement does not affect any rights or obligations deriving from the membership of the Kingdom of the Netherlands to the European Union and of the Republic of Belarus to the Eurasian Customs Union.
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 having 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 Customs Administration shall provide the requesting Customs Administration with information on:
a) a) whether goods imported into the territory of the State of the requesting Customs Administration have been lawfully exported from the territory of the State of the requested Customs Administration; b) b) whether goods exported from the territory of the State of the requesting Customs Administration have been lawfully imported into the territory of the State of the requested Customs Administration, and the customs procedure, if any, under which the goods have been placed.
Artikel 4
1. On request, the requested Customs Administration shall, without prejudice to Article 16, in support of the proper application of customs law or in the prevention of customs fraud, provide information to assist the requesting Customs Administration that has reasons to doubt the truth or accuracy of a declaration.
2. The request shall specify the verification procedures that the requesting Customs Administration has undertaken or attempted and the specific information requested.
Artikel 5
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 present reasonable grounds to believe that a customs offence has been committed or will be committed in the territory of the other Contracting Party.
Artikel 6
The Customs Administrations may, by mutual arrangement, transmit to one another any information covered by this Agreement on an automatic basis.
Artikel 7
The Customs Administrations may, by mutual arrangement, exchange specific information in advance of the arrival of consignments in the territory of the State of the other Customs Administration.
Hoofdstuk IV. SPECIAL TYPES OF ASSISTANCE
Artikel 8
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 interests of the State of the either Contracting Party, the Customs Administration of the other Contracting Party shall, wherever possible, supply assistance on its own initiative without delay.
Artikel 9
1.
On request, the requested Customs Administration shall, to the extent possible, maintain surveillance over and provide the requesting Customs Administration with 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 State of the requesting Customs Administration; 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 State of the requesting Customs Administration; c) c) premises in the territory of the State of the requested Customs Administration known to have been used or suspected of being used in connection with the commission of a customs offence in the territory of the State of the requesting Customs Administration.
2. Either Customs Administration may maintain such surveillance 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 State of the other Customs Administration.
Artikel 10
1. The requested Customs Administration may authorize its officials, within their empowerment granted, to appear as experts or witnesses in judicial or administrative proceedings regarding the matters subject to this Agreement in the territory of the State of the requesting Customs Administration.
2. The request for appearance shall indicate the type of proceeding as well as the status in which the official is called to testify.
Artikel 11
1. Contracting Parties may establish joint teams to detect and combat particular types of customs offences requiring simultaneous and co-ordinated activities.
2. Such teams shall operate in accordance with the legal and administrative provisions of the Contracting Party in whose territory the activities are being carried out.
Hoofdstuk V. COMMUNICATION OF REQUESTS
Artikel 12
1. Requests pursuant to this Agreement shall be made in writing in the English language. Documents necessary for execution of such requests shall accompany the request. When required because of the urgency of the situation, oral or electronic requests made by the requesting Customs Administration may be accepted, but shall be confirmed by official letter without delay.
2.
Requests pursuant to paragraph 1 of this Article shall include the following information:
– – the name of the requesting Customs Administration; – – the measures requested; – – the object of and the reason for the request; – – indications as exact and comprehensive as possible on the natural or legal persons being the target of the investigation; – – a brief description of the matter under consideration and the legal or regulatory provisions involved; – – a summary of the relevant facts and of the enquiries already made.
3. Originals of files, documents and other materials shall be requested only in cases where copies would be insufficient. Upon special request, copies of such files, documents and other materials shall be appropriately certified. Originals of files, documents and other provided materials shall be returned as soon as possible.
Artikel 13
1. Assistance shall be provided by direct contact between the respective Customs Administrations.
2. In case the requested Customs Administration is not the competent authority to comply with a request, it shall transmit the request without delay to the appropriate authority, which shall act upon the request according to its powers under the national legislation, or shall suggest the appropriate procedure to be followed regarding such a request to the requesting Customs Administration.
Hoofdstuk VI. EXECUTION OF REQUESTS
Artikel 14
1. Requests shall be executed in accordance with the national legal and administrative provisions of the State of the requested Customs Administration.
2. The requested Customs Administration shall proceed, as if it were acting on its own account.
3. The requested Customs Administration shall conduct any necessary investigation, including questioning of experts and witnesses or persons suspected of committing a customs offence, and carry out inspections and fact-finding inquiries in connection with the matters referred to in this Agreement.
Artikel 15
1.
On request, officials designated by the requesting Customs Administration may, with the authorization of the requested Customs Administration and subject to conditions the latter may impose, for the purpose of investigating a customs offence:
a) a) examine, in the offices of the requested Customs Administration, documents and any other information in respect of that customs offence, and be supplied with copies thereof; b) b) be present during an inquiry conducted by the requested Customs Administration in the territory of the State of the requested Customs Administration, which is relevant to the requesting Customs Administration; these officials shall only have an advisory role.
2. The officials of the requesting Customs Administration, authorized to conduct inquiry of customs offences, may ask officials of the requested Customs Administration to review relevant books, registers and other documents or data-media and to provide copies thereof or to provide any information related to customs offences.
3. When officials of either Customs Administration are present in the territory of the State of the other Customs Administration under the terms of this Agreement, they must at all times be able to furnish, in a language acceptable to the other Customs Administration, proof of their official identity and status in their Customs Administration or other government agency.
4. Upon request, the requesting Customs Administration shall be advised of the time and place of the action carried out in connection with the request with a view to coordinating this action.
Hoofdstuk VII. EXEMPTIONS
Artikel 16
1. Where any assistance requested under this Agreement may infringe the sovereignty, security, public policy or any other substantive national interest of the State of the requested Customs Administration, or prejudice any legitimate industrial, commercial or professional interest, such assistance may be declined by the requested Customs Administration or provided subject to any terms or conditions it may require.
2. Assistance may be postponed by the requested Customs Administration for the reason that it will interfere with an ongoing investigation, prosecution or proceeding. In this case, the requested Customs Administration shall consult with the requesting Customs Administration to determine if assistance can be rendered subject to such terms or conditions as the requested Customs Administration may require.
3. If the Customs Administration asks for assistance which it would itself be unable to provide if so requested to do, it shall draw attention to that fact in its request. It shall then be left over to the requested Customs Administration to decide how to respond to such a request.
4. If the requested Customs Administration considers that the effort required to fulfill a request is clearly disproportionate to the perceived benefit to the requesting Customs Administration, it may decline to provide the requested assistance.
5. If assistance is refused or postponed, reasons for its refusal or postponement shall be notified to the requesting Customs Administration without delay.
Hoofdstuk VIII. COSTS
Artikel 17
1. The Customs Administrations shall waive all claims for reimbursement of costs incurred in the execution of this Agreement, with the exception of expenses for experts and witnesses, interpreters and translators other than government employees, which shall be covered by the requesting Customs Administration.
2. If expenses of a substantial and extraordinary nature are or will be required to execute the request, the Customs Administrations shall hold mutual consultations to determine the terms and conditions under which the request will be executed as well as the manner in which the costs shall be covered.
Hoofdstuk IX. USE, CONFIDENTIALITY AND PROTECTION OF INFORMATION
Artikel 18
1. Any information received under this Agreement shall be used only by the Customs Administrations and solely for the purpose of administrative assistance under the terms set out in this Agreement.
2. On request, the Customs Administration that supplied the information may authorize its use by other authorities or for other purposes, including its use in criminal investigations, prosecutions or proceedings, subject to any terms and conditions it may specify. Such use shall be in accordance with the legal and administrative provisions of the Contracting Party whose Customs Administration seeks to use the information.
Artikel 19
Any information communicated in whatever form pursuant to this Agreement shall be of a confidential nature. It shall enjoy the same kind of protection as ensured for similar information in accordance with the national legislation of the Contracting Party whose Customs Administration received it.
Artikel 20
1. Any personal data exchanged under this Agreement shall, at least, be subject to the level of protection afforded to personal data in the national legal provisions of the Contracting Party whose Customs Administration provided these personal data.
2. Customs Administrations shall provide each other with all legislation relevant to this Article. Personal data exchange will not begin before this legislation has been received. In case legislation is amended, both Customs Administrations will inform each other about the amendments immediately.
Hoofdstuk X. IMPLEMENTATION AND APPLICATION OF THE AGREEMENT
Artikel 21
1. The Customs Administrations may communicate directly for the purpose of dealing with matters arising out of this Agreement or any other customs matter which may be of mutual interest.
2. The Customs Administrations shall jointly decide on detailed arrangements, within the framework of this Agreement, to facilitate the implementation and application of this Agreement. They may within their competence conclude arrangements on various issues on mutual interests, including on the exchange of information.
3. The Customs Administrations may, in order to implement the provisions of this Agreement, within their competence conclude separate interagency arrangements on various issues of mutual interest, including on information exchange, on the basis of technical conditions, developed and jointly agreed by the Customs Administrations.
4. The Customs Administrations by mutual consent undertake measures to resolve problems or discrepancies related to the application of this Agreement. This does not exclude the settlement of such disputes through diplomatic channels.
Artikel 22
1. For the Republic of Belarus, this Agreement shall apply to the customs territory of the Eurasian Economic Union in the Republic of Belarus.
2.
For the Kingdom of the Netherlands, this Agreement shall apply to:
– – its territory in Europe; – – the Caribbean parts of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba); – – Aruba; – – Curaçao; and – – Sint Maarten.
Hoofdstuk XI. FINAL PROVISIONS
Artikel 23
Either Contracting Party may request to meet in order to review this Agreement.
Artikel 24
1. This Agreement is intended to be of unlimited duration and shall enter into force on the first day of the third month following the date of the last written notification through diplomatic channels communicating that the Contracting Parties have fulfilled all internal requirements necessary for its entry into force.
2. Either Contracting Party may terminate this Agreement at any time by written notification to the other Contracting Party through diplomatic channels. This Agreement shall cease to be in force after the expiration of six months following the date when the other Contracting Party has received such notification.