rijk/verdrag/verdrag-tot-oprichting-van-de-caribische-douaneorganisatie-en-inzake-wederzijdse/BWBV0006825/README.md

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Verdrag tot oprichting van de Caribische Douaneorganisatie en inzake wederzijdse administratieve bijstand in douanezaken	BWBV0006825	verdrag	geldend	null	https://wetten.overheid.nl/BWBV0006825	Verdrag tot oprichting van de Caribische Douaneorganisatie en inzake wederzijdse administratieve bijstand in douanezaken

Verdrag tot oprichting van de Caribische Douaneorganisatie en inzake wederzijdse administratieve bijstand in douanezaken

Hoofdstuk I. DEFINITIONS

Artikel 1

For the purposes of this Agreement:

(i) (i) the term “Communities” shall mean any regional integration process or initiative in which customs administrations have committed themselves to co-operate for mutual administrative assistance purposes; (ii) (ii) the term “customs administration” shall mean the customs authority and any other authority of a Member either authorized under national law to perform customs responsibilities or designated by that Member to apply and implement any provision of this Agreement, and is deemed to also mean the customs authorities of Cooperating Partners unless otherwise stated in this Agreement or a cooperation arrangement; (iii) (iii) the term “customs claim” shall mean any amount of customs duties that cannot be collected in the territory of one of the Members; (iv) (iv) the term “customs duties” shall mean all duties, taxes, fees or any other charges which are levied in the territories of the Members in application of customs law, but not including fees and charges for services rendered; (v) (v) the term “customs law” shall mean any legal and administrative provisions applicable or enforceable by the customs administration of a Member in connection with the importation, exportation, transshipment, transit, storage and movement of goods and persons, including legal and administrative provisions relating to measures of prohibition, restriction and control, and to combating money laundering and terrorism financing; (vi) (vi) the term “customs offence” shall mean any breach, or attempted breach, of a Member’s customs law; (vii) (vii) the term “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; (viii) (viii) the term “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; (ix) (ix) the term “official” shall mean any customs official or other government agent designated by a customs administration or by the Caribbean Customs Organization to perform functions for the purposes of this Agreement; (x) (x) the term “person” shall mean both natural and legal persons, unless the context otherwise requires; (xi) (xi) the term “personal data” shall mean any data concerning an identified or identifiable natural person; (xii) (xii) the term “requesting administration” shall mean the customs administration which requests assistance; (xiii) (xiii) the term “requested administration” shall mean the customs administration from which assistance is requested; (xiv) (xiv) the term “requesting Member” shall mean the Member whose customs administration requests assistance; (xv) (xv) the term “requested Member” shall mean the Member whose customs administration is requested to provide assistance; (xvi) (xvi) the term “Secretary General” shall mean the Secretary General of the Caribbean Customs Organization.

Hoofdstuk II. ESTABLISHMENT OF THE CARIBBEAN CUSTOMS ORGANIZATION AND ITS PURPOSE AND FUNCTIONS

Artikel 2

1. The Caribbean Customs Organization (hereinafter referred to as “the Organization”) is hereby established as an international organization with legal personality. It shall have such capacity as may be necessary for the exercise of its functions and the fulfillment of its purposes.

2. The Organization may bind its Members by resolutions adopted in accordance with paragraph 2 (xvi) of Article 8 of this Agreement.

Artikel 3

The purpose of the Organization shall be to concern itself with customs cooperation and with all related matters of common interest to the customs administrations of Members as well as, in close cooperation with the World Customs Organization, with customs matters of interest to the Organization at global level.

The functions of the Organization will include:

(i) (i) ensuring effective revenue collection; (ii) (ii) ensuring collaboration to counter risk of cross border crime; (iii) (iii) supporting and coordinating the regional customs response to violent extremism and terrorism; (iv) (iv) enhancing the security and facilitation of the international supply chains; (v) (v) better securing national borders by enhanced monitoring and control of international movements of goods and people; (vi) (vi) encouraging and supporting exchange of information among the members; (vii) (vii) coordinating information gathering and intelligence sharing capabilities; (viii) (viii) ensuring implementation of cross-regional risk management techniques and collaborative operations; (ix) (ix) sharing results of controls carried out; and (x) (x) assisting in capacity building and technical cooperation programs.

Artikel 4

The governing body of the Organization shall be the Caribbean Customs Organization Council (hereinafter referred to as “the Council”).

Artikel 5

1.

Membership of the Caribbean Customs Organization shall be open to:

(i) (i) all States in the wider Caribbean Basin; (ii) (ii) all States that are signatories of the Memorandum of Understanding regarding Mutual Assistance and Cooperation for the Prevention of Offenses in the Caribbean Zone, signed in Miami on 7 November 1989; (iii) (iii) any territory or territories possessing autonomy in the conduct of customs matters, in the wider Caribbean Basin or signatory of the Memorandum of Understanding regarding Mutual Assistance and Cooperation for the Prevention of Offenses in the Caribbean Zone, in accordance with paragraphs 1 to 4 of Article 60 of this Agreement; (iv) (iv) any other State, or any territory or territories possessing autonomy in the conduct of customs matters, upon application, after a decision of the Council, in accordance with paragraph 2 (iv) of Article 8 of this Agreement.

2. Those territories eligible for membership of the Organization shall become Members on the entry into force of the Agreement for them in accordance with Article 64 of this Agreement.

Artikel 6

1. Any State, or any territory possessing autonomy in the conduct of customs matters, which is qualified for membership of the Organization in accordance with Article 5 of this Agreement, may, upon application to the Council, be admitted to the Organization as a Cooperating Partner, and the conditions of admittance shall be recorded in a cooperative arrangement between the applicant State or territory and the Organization.

2. A Cooperating Partner shall, after entry into force of the cooperative arrangement with the Organization, unless otherwise specified in this Agreement or the cooperative arrangement, participate in the Organization to the same extent as a Member under this Agreement.

3. Cooperating Partners may at any time after being admitted as such to the Organization become Member in accordance with Article 5 of this Agreement and with paragraph 2 (iv) of Article 8 of this Agreement.

Artikel 7

Members shall take all appropriate measures, whether general or particular, to ensure the carrying out of obligations arising out of this Agreement or resulting from decisions taken by the Council of the Organization. They shall facilitate the achievement of the objectives of the Organization. They shall abstain from any measures which could jeopardize the attainment of the objectives of this Agreement.

Artikel 8

1. The Council is the supreme body of the Organization and shall be composed of Members. The Council shall establish its own rules of procedure.

2.

The Council has the following responsibilities:

(i) (i) to raise the awareness of customs and the Organization within Member Governments and to promote and support the role of customs nationally and regionally; (ii) (ii) to assess institutional development and capacity building needs; (iii) (iii) to convene the annual or an extraordinary conference; (iv) (iv) to approve applications on the basis of Article 5 paragraph 1 (iv) of this Agreement of any State or territory to become Member of the Organization; (v) (v) to approve cooperative arrangements with Cooperating Partners on the basis of Article 6 of this Agreement and with other international or regional organizations; (vi) (vi) to elect the members of the Executive Committee, the Finance Committee, the Enforcement Committee, the Audit Committee and any other Committees or subsidiary bodies it may wish to establish to assist in fulfilling its responsibilities; (vii) (vii) to approve the financial report for the past year submitted by the Secretary General on the basis of paragraph 2 (vi) of Article 15 of this Agreement taking account of the conclusions and recommendations of the Finance Committee and the Executive Committee; (viii) (viii) to approve the budget for the following year, taking account of the recommendations of the Finance Committee and the Executive Committee; (ix) (ix) to fix, on the basis of recommendations of the Finance Committee and the Executive Committee, the amount of the yearly contribution to the Organization for Members and, in the case of the country hosting the office of the Secretariat or a Cooperating Partner, if the cooperative arrangement so provides, the level of payments in kind to the Organization; (x) (x) to approve the report of activities undertaken, including measurement of these activities against the work program approved by the Council in the previous year, taking into account the conclusions and recommendations of the Enforcement Committee and the Executive Committee; (xi) (xi) to approve or modify the work program recommended by the Executive Committee for the following year, to introduce new initiatives, and to endorse the resources to carry forward the work plan; (xii) (xii) to appoint the Secretary General and, as required, a Deputy Secretary General; (xiii) (xiii) to define the terms and conditions of employment as well as the location from which the Secretary General and Deputy Secretary General will perform Organization duties; (xiv) (xiv) to provide direction for the general management and conduct of the business of the Organization; (xv) (xv) to approve the rules of procedure of all Committees and other subsidiary bodies; and (xvi) (xvi) to approve resolutions that shall be binding on Members.

3. An extraordinary session of the Council may be convened on demand by no less than two thirds of the Members.

Artikel 9

1. Sessions of the Council shall in principle be held in the territory of each of the Members in turn, and a similar principle, where appropriate, should be followed with regard to all other activities of the Organization.

2. The Council shall hold at least one session each year at which the annual work plan and budget for the ensuing year shall be endorsed and may convene and hold more sessions at such times and at such places as it may decide.

3. The first Chairman shall be elected at the first session and shall hold office until the next session of the Council. Thereafter the Chairmanship shall rotate in accordance with such rules of procedure as the Council may adopt.

Artikel 10

1. The Council shall determine the location and date of its session subject to the exigencies of the host country.

2. A validly constituted quorum for a session of the Council shall exist when at least one half of the Members is present.

3. All Members shall have the right to speak at the annual and any extraordinary sessions of the Council.

4. Each Member shall have one vote on resolutions of the Council, subject to compliance by the Member concerned with paragraph 1 of Article 16 of this Agreement.

5. Resolutions of the Council shall be adopted by a two third majority of the votes submitted.

Artikel 11

1. The Executive Committee shall consist of no less than five members, including a Chairman and shall establish its own rules of procedure, subject to approval by the Council. The Executive Committee should preferably reflect a balanced representation of the Members. Each member of the Executive Committee will have one vote with the Chairman having a casting vote.

2. Members of the Executive Committee shall be elected for two-year terms and thereafter may be eligible for re-election. However, the country hosting the office of the Secretariat shall be a permanent member of the Executive Committee.

3. The members of the Executive Committee shall elect a Chairman and a Vice Chairman from amongst their ranks.

4. A quorum of the Executive Committee shall be at least one half of the membership of the Committee.

5. Membership of the Executive Committee shall be restricted to Members, subject to compliance with paragraph 1 of Article 16 of this Agreement.

6. The Executive Committee may approve the attendance of observers at any of its meetings.

7.

The responsibilities of the Executive Committee include:

(i) (i) to recommend to the Council candidates for the position of Secretary General and, as required, Deputy Secretary General; (ii) (ii) to direct and monitor the implementation of the approved work program of the Secretary General; (iii) (iii) in the event that the Council makes no decision to call an annual or extraordinary session, determine their dates, venue and agenda, and ensure timely notification to the Members; (iv) (iv) to invite Members to an extraordinary session of the Council; (v) (v) to accept or reject donations and contributions; (vi) (vi) to make the necessary and convenient arrangements for financing the organization and the operations of the Executive Committee, and to submit the Financial Report of the previous year for consideration by the Council; (vii) (vii) to submit to the annual session of the Council a report on activities undertaken the previous year; (viii) (viii) to submit to the annual session of the Council a balanced budget and work program for the ensuing year; (ix) (ix) to comment on reports of other Committees and make recommendations, as appropriate, with a view to facilitating the discussions in the Council; (x) (x) to invite persons to participate in the activities of the Organization; and (xi) (xi) to monitor compliance of Cooperating Partners against the terms and conditions of their cooperative agreement.

8. The Executive Committee may establish sub-Committees to advise and assist the Executive Committee and the Secretary General in achieving the objectives of the Organization, as set out in this Agreement.

9. The Executive Committee is responsible for the development, maintenance and administration of the general procedures governing the Organization.

Artikel 12

1. The Finance Committee shall consist of no less than five members, including a Chairman, and shall establish its own rules of procedure, subject to approval by the Council. The Finance Committee should reflect a balanced representation of the Members. Each member of the Finance Committee will have one vote with the Chairman having a casting vote.

2. Members of the Finance Committee shall be elected for two-year terms and thereafter may be eligible for re-election.

3. The members of the Finance Committee shall elect a Chairman and a Vice Chairman from amongst their ranks.

4. A quorum of the Finance Committee shall be at least one half of the membership of the Committee.

5. Membership to the Finance Committee will be restricted to Members, subject to compliance with paragraph 1 of Article 16 of this Agreement.

6. The Finance Committee may determine the attendance of observers at any of its meetings.

7.

The responsibilities of the Finance Committee include:

(i) (i) to examine the full Audit Report on the previous financial year, prepared by the Organization’s external financial auditor, together with the Secretary General’s comments thereon and, on the basis of that Report and the audited accounts for the previous financial year, to recommend, if appropriate, that the Council approves those accounts, accepts the Secretary General’s proposals for the apportionment of the result of the profit and loss account, and acquits the Secretary General of his financial responsibilities for the previous financial year; (ii) (ii) to consider in respect of the financial year in progress the situation with regard to the receipt of Members’ contributions and capital subscriptions, the execution of the budget and the cash flow situation and, where appropriate, to advise the Council of measures to be taken and to look into the financial implications of any new tasks assigned to the Secretariat and not included in the budget appropriations approved by the Council, and to make recommendations to the Council concerning the financing of those tasks; (iii) (iii) to consider Members’ contributions for the next financial year, taking into account the work plan and program budget, and, as appropriate, to recommend through the Executive Committee to the Council for adoption: the amount of yearly contributions, the general operating expenses and an estimated profit and loss account and balance sheet for the next financial year; (iv) (iv) to analyze the financial implications of implementing the work plan and to report the assessment to the Executive Committee and the Council; (v) (v) to participate in the process for selecting the external financial auditor and to consider the results of the external financial audit; (vi) (vi) to examine and, where appropriate, to make recommendations to the Council on the medium-term financial perspectives or multi-year budgeting of the Organization; and (vii) (vii) to examine and, where appropriate, to make recommendations to the Council on the Organization’s financial investments and income and on alternative sources of funding for the Organization.

Artikel 13

1. The Enforcement Committee shall consist of no less than five members, including a Chairman, and shall establish its own rules of procedure, subject to approval by the Council. The Enforcement Committee should reflect a balanced representation of the Members. Each member of the Enforcement Committee will have one vote with the Chairman having a casting vote.

2. Members of the Enforcement Committee shall be elected for two-year terms and thereafter may be eligible for re-election.

3. The members of the Enforcement Committee shall elect a Chairman and a Vice Chairman from amongst their ranks.

4. A quorum of the Enforcement Committee shall be at least one half of the membership of the Committee.

5. Membership to the Enforcement Committee will be restricted to Members, subject to compliance with paragraph 1 of Article 16 of this Agreement.

6. The Enforcement Committee may determine the attendance of observers at any of its meetings.

7.

The responsibilities of the Enforcement Committee include:

(i) (i) preparing, implementing, monitoring and delivering an annual enforcement action plan – to include planning, organising and carrying out joint customs operations, exercises and projects; (ii) (ii) co-ordinating the cross-regional enforcement efforts of Member customs administrations in order to address the key common threats and to achieve the objectives of the Organization with regards to enforcement activity; (iii) (iii) promoting the sharing of intelligence and other information in order to enhance cross-regional results; (iv) (iv) implementing the directions of the Executive Committee and Council with regards to collaborative enforcement activity; (v) (v) overseeing and directing the work of the Joint Intelligence Office in order to support enforcement activity; (vi) (vi) managing the Organization’s participation in regional and global operations, exercises and projects organised by third parties; (vii) (vii) managing the relationship of the Organization’s intelligence and enforcement relationship with the World Customs Organization, Interpol and other supra-national organisations; and (viii) (viii) reporting to the Executive Committee and Council on achievement and results.

Artikel 14

1. The Audit Committee shall consist of no less than five members, including a Chairman, and shall establish its own rules of procedure, subject to approval by the Council. The Audit Committee should reflect a balanced representation of the Members. Each member of the Audit Committee will have one vote with the Chairman having a casting vote.

2. Members of the Audit Committee shall be elected for two-year terms and thereafter may be eligible for re-election.

3. The members of the Audit Committee shall elect a Chairman and a Vice Chairman from amongst their ranks.

4. A quorum of the Audit Committee shall be at least one half of the membership of the Committee.

5. Membership to the Audit Committee will be restricted to Members, subject to compliance with paragraph 1 of Article 16 of this Agreement.

6.

The responsibilities of the Audit Committee include:

(i) (i) providing independent, documented objective advice to the Executive Committee, the Council and the Secretary General through the systematic review and follow-up of all internal and external audit work undertaken in relation to the control environment, risk management practices, decision support, governance and compliance processes of the Organization; (ii) (ii) advising and making recommendations to the Executive Committee, the Council and the Secretary General on any matter pertaining to the audit function, as the Committee considers necessary or appropriate; (iii) (iii) assessing whether processes are in place to manage risks in accordance with organizational guidelines, work plans and the work program, and monitoring implementation and effectiveness of the processes; (iv) (iv) monitoring the implementation of the work program on a cyclical basis; (v) (v) participating through the Chairman and/or the Vice Chairman in the selection of the internal and external auditors; (vi) (vi) reviewing and approving the Annual Internal and External Audit Plans; (vii) (vii) fostering the development and implementation of best practices in the internal audit and external audit function; and (viii) (viii) reviewing and evaluating the performance of the internal and external auditors.

Artikel 15

1.

The Secretary General:

(i) (i) shall be appointed by the Council to serve a term of three years. At the invitation of the Council, a Secretary General may serve a second term up to a maximum of a further three years; (ii) (ii) shall act impartially and cannot act as a representative of any national, commercial or personal interest in any activity of the Organization. Furthermore, any outside occupation or employment shall be declared to and approved by the Council on the recommendation of the Executive Committee.

2.

The responsibilities of the Secretary General include:

(i) (i) reporting to the annual session of the Council and the Chairman of the Executive Committee; (ii) (ii) managing the Secretariat and the Joint Intelligence Office on a daily basis; (iii) (iii) performing technical and administrative functions for the Council and its Committees; (iv) (iv) submitting the budget for the following fiscal year to the Finance Committee and the Executive Committee; (v) (v) administering the budget and execute financial responsibilities set out in Article 19 of this Agreement; (vi) (vi) submitting the financial report to the Finance Committee and the Executive Committee; (vii) (vii) submitting the report on activities performed to the Finance Committee and the Executive Committee; (viii) (viii) developing projects and acquiring the relevant funding for their sustenance; (ix) (ix) submitting to the Finance Committee and the Executive Committee the work program for the following year and undertaking all actions necessary for the implementation of the work program; (x) (x) liaising with Member customs administrations, regional and international organizations for the purpose of developing project proposals and structured cooperation based on cooperative arrangements; and (xi) (xi) performing such other duties as may be required by the Council or Executive Committee.

3. If Council decides in accordance with paragraph 2 (xii) of Article 8 of this Agreement to appoint a Deputy Secretary General, paragraphs 1 and 2 of this Article shall apply mutatis mutandis and shall be subject to any further arrangements made to attribute the responsibilities described in paragraph 2 of this Article.

Artikel 16

1. An annual contribution as determined by the Council in its annual session, shall be paid by each Member and Cooperating Partner, as soon as possible after receipt of a letter by the Secretary General stating the amount due. Payment shall be made at the latest a month before the next ordinary annual session.

2. A Member that does not pay its contribution in full and in time, may, upon recommendation of the Executive Committee, be excluded from the right to vote in the Council or from any other rights or benefits that this Agreement provides for.

3. Funds for financing the organization and operation of the Organization, other than the annual contribution remitted by Members and Cooperating Partners referred to in paragraph 1 of this Article, may come from any legitimate source. They may be in the form of donations and contributions in cash or kind from other countries, regional and international organizations, without compromising the interests of the Organization and its Members.

Artikel 17

The Secretary General, in consultation with the Executive Committee, shall appoint an external financial auditor to audit the Balance Sheet and Statement of Receipts and Payments of the Organization at the end of each financial year in accordance with generally accepted auditing standards.

Artikel 18

The accounting period of the Organization shall be from the 1^st day of April through the 31^st day of March annually.

Artikel 19

The Secretary General shall prepare the statement of assets, liabilities and net worth, and of receipts and disbursements to March 31^st of each year, and these statements are to be approved and accepted by the internal Auditor and submitted for consideration by the Finance Committee and the Executive Committee, and subsequently presented to the Council prior to its annual session.

Hoofdstuk III. MUTUAL ADMINISTRATIVE ASSISTANCE IN CUSTOMS MATTERS

Artikel 20

1. Members 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 and facilitation of the international trade supply chain.

2. Any activity carried out under this Agreement by a Member shall be in accordance with its legal and administrative provisions and within the limits of its customs administration’s competence and available resources.

3. Each Member shall notify the Secretary General of the authorities referred to in Article 1 (ii) of this Agreement, authorized under national law or designated by that Member to apply any provision of this Agreement. The Secretary General shall communicate this information and any updates thereof to the other Members.

4. This Agreement only covers mutual administrative assistance between the Members 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 a requested Member, the requested administration shall indicate those authorities and, where known, the relevant agreement or arrangement applicable.

5.

Taking into account the respective competences of the Caribbean communities and their member states as well as of the European Union and its member states, provisions of this Chapter and of Chapter IV shall:

(i) (i) not affect the obligations of Members under any other international agreement; (ii) (ii) be deemed complementary to agreements on mutual assistance which have been or may be concluded by any of the Caribbean communities or the European Union.

6. 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.

Artikel 21

1. Requests for assistance under this Agreement shall be communicated directly between the customs administrations concerned. Each customs administration shall designate an official contact point for this purpose and shall provide details thereof to the Secretary General. The Secretary General shall communicate this information and any updates thereof to the other customs administrations.

2. Requests for assistance under this Agreement shall be made electronically or in writing, and shall be accompanied by any information deemed useful for the purpose of complying with such requests. 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 the requested and requesting administrations, by electronic means.

3. Requests shall be made in a language acceptable to the customs administrations concerned. Any documents accompanying such requests shall be translated, to the extent necessary, into a mutually acceptable language. The requested administration shall in any case accept requests for assistance and accompanying documents in the English language.

4.

Requests made pursuant to paragraph 2 of this Article, shall include the following details:

(i) (i) the name of the requesting administration; (ii) (ii) the matter at issue, type of assistance requested, and reasons for the request; (iii) (iii) a brief description of the case under review and the legal and administrative provisions that apply; (iv) (iv) the names and addresses of the persons to whom the request relates, if known; (v) (v) any verification procedures undertaken or attempted as referred to in paragraph 2 of Article 25 of this Agreement.

5. 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.

Artikel 22

In cases that could involve substantial damage to the economy, budget, public health, public security, including the security of the international trade supply chain, or other vital interests of any Member, the customs administration of any Member shall, wherever possible, supply assistance on its own initiative without delay.

Artikel 23

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

(i) (i) new enforcement techniques having proved their effectiveness; (ii) (ii) new trends, means or methods of committing customs offences; (iii) (iii) goods known to be the subject of customs offences, as well as transport and storage methods used in respect of those goods; (iv) (iv) persons known to have committed a customs offence or suspected of being about to commit a customs offence; (v) (v) any other data that can assist customs administrations with risk assessment for control and facilitation purposes.

Artikel 24

The customs administration of a Member shall provide the customs administration of any other Member concerned, either on its own initiative or on request, with information on activities, planned, ongoing, or completed which provide reasonable grounds to believe that a customs offence has been committed or will be committed in the territory of the Member concerned.

Artikel 25

1. On request, the requested administration shall, without prejudice to Article 43 of this Agreement, in support of the proper application of customs law or in the prevention of customs offences, provide information to assist a requesting administration that has reasons to doubt the truth or accuracy of a declaration.

2. The request shall specify the verification procedures that the requesting administration has undertaken or attempted and the specific information requested.

Artikel 26

On request, the requested administration shall provide the requesting administration, which has reason to doubt the accuracy of information provided to it in a customs matter, with information relative to:

(i) (i) whether goods imported into the territory of the requesting Member have been lawfully exported from the territory of the requested Member; (ii) (ii) whether goods exported from the territory of the requesting Member have been lawfully imported into the territory of the requested Member and the customs procedure, if any, under which the goods have been placed.

Artikel 27

Members may, by mutual arrangement in accordance with paragraph 2 of Article 61 of this Agreement, exchange any information covered by this Agreement on an automatic basis.

Artikel 28

1. Members may, by mutual arrangement in accordance with paragraph 2 of Article 61 of this Agreement, exchange specific information in advance of the arrival of consignments in their respective territories to ensure, in particular, the security of the international trade supply chain.

2. The Executive Committee shall have the authority to draw up a list of data elements that may be exchanged in the context of advance automatic exchange provided for in paragraph 1 of this Article.

Artikel 29

1.

On request, the requested administration shall, to the extent possible, maintain surveillance over and provide the requesting administration with information on:

(i) (i) 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 Member; (ii) (ii) means of transport known to have been used or suspected of being used to commit a customs offence in the territory of the requesting Member; (iii) (iii) premises 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 Member; (iv) (iv) persons known to have committed or suspected of being about to commit a customs offence in the territory of the requesting Member, particularly those moving into and out of the territory of the requested Member.

2. The customs administration of any Member 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 another Member.

Artikel 30

1. Without prejudice to Article 50 of this Agreement, any information communicated under this Agreement shall be used only by the customs administration for which it was intended and solely for the purpose of administrative assistance under the terms set out in this Agreement.

2. On request, the Member that supplied the information may, notwithstanding paragraph 1 of this Article, authorize its use for other purposes or by other authorities, subject to any terms and conditions it may specify. Such use shall be in accordance with the legal and administrative provisions of the Member which seeks to use the information. The use of information for other purposes includes its use in criminal investigations, prosecutions or proceedings.

3. In order to ensure the protection of any person who seeks or receives asylum or protection from removal, a Member may not use or disclose information obtained under this Agreement, in any way that could result in the disclosure of that information to any government authority or person from which that person seeks or receives protection under the 1951 Convention Relating to the Status of Refugees, its 1967 Protocol, the 1984 Convention Against Torture or Other Cruel, Inhuman or Degrading Treatment or Punishment, or under the national legal and administrative provisions of Members implementing those Conventions or that Protocol.

Artikel 31

1. Any information communicated 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 legal and administrative provisions of the Member where it is received.

2. Any personal data exchanged under this Agreement shall, at least, be subject to the level of protection provided for in the national legal and administrative provisions of the Member which supplied the data.

3. Each Member shall, at the time of signature, ratification, acceptance, approval or accession to this Agreement, notify the Secretary General in writing of their national legal and administrative provisions in respect of confidentiality of information and protection of personal data. They shall make a written undertaking to the Secretary General, at the time of signature, ratification, acceptance, approval or accession, of their commitment to, at least, abide by the confidentiality of information and protection of personal data provisions of this Agreement. The Secretary General shall notify the other Members of the notifications received under this paragraph.

4. The customs administrations shall record the supply or receipt of personal data exchanged under this Agreement and the use made of the personal data concerned.

5. Each Member shall be liable, in accordance with its legal and administrative provisions, for damage caused to a natural person through the use of personal data received under this Agreement. This shall also be the case where the damage was caused by a Member supplying inaccurate data or supplying data contrary to this Agreement.

6. If the Member found liable for damage under paragraph 5 of this Article is not the Member that supplied the personal data, the Members concerned shall agree on the terms and conditions of reimbursement to the liable Member of any sums it paid out in compensation.

Artikel 32

1. Subject to paragraphs 2 and 3 of this Article, the costs incurred in complying with a request for assistance under this Agreement shall be borne by the requested Member.

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 Member where incurred for the purposes of complying with a request for assistance under this Agreement.

3. If the execution of a request requires expenses of a substantial or extraordinary nature, the Members 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 and the requested Member shall not be obliged to comply with the request prior to the conclusion of such consultation.

Artikel 33

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

(i) (i) training of staff; (ii) (ii) modernizing customs procedures; (iii) (iii) introducing and developing Risk Management; (iv) (iv) using technical equipment for control purposes; and (v) (v) enhancing the managerial and administrative organization.

Artikel 34

1. On request, the requested administration may, if permissible under its national law, take all necessary measures to notify a person residing or established in its territory of all decisions taken by the requesting administration in application of customs law concerning that person, that fall within the scope of this Agreement.

2. Such notification shall be made in accordance with the procedures applicable in the territory of the requested Member for similar national decisions.

Artikel 35

1. On request, customs administrations may afford each other assistance with a view to the recovery of customs claims.

2. Detailed arrangements for assistance in recovering customs claims shall be made between the Members concerned, in accordance with paragraph 2 of Article 61 of this Agreement.

Artikel 36

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

Artikel 37

On request, officials specially designated by a requesting administration may, with the authorization of the requested administration and subject to conditions the latter may impose, for the purpose of investigating a customs offence or for engaging in technical cooperation activities:

(i) (i) examine, in the offices of the requested administration, documents and any other information in respect of that customs offence, and be supplied with copies thereof; (ii) (ii) be present during an inquiry conducted by the requested administration in the territory of the requested Member which is relevant to the requesting administration; and (iii) (iii) be present during operational activities to such an extent as is mutually agreed.

These officials shall only have an advisory role.

Artikel 38

1. Where the requested administration considers it appropriate for an official of the requesting administration to be present when, pursuant to a request, measures of assistance are carried out, it may invite the participation of the requesting administration subject to any terms and conditions it may specify.

2. The customs administrations concerned may, by mutual arrangement in accordance with paragraph 2 of Article 61 of this Agreement, expand the role of the visiting official beyond an advisory one.

Artikel 39

1. Officials of one Member, keeping under surveillance in the territory of this Member a person about whom there are serious grounds to believe that he or she is involved in a customs offence, may continue the surveillance in the territory of another Member subject to a prior request, authorization and any conditions the requested Member may impose.

2. If, for particularly urgent reasons, prior authorization cannot be requested, surveillance pursuant to paragraph 1 of this Article may be continued provided that the competent authorities of the Member in whose territory the surveillance is to be continued, are immediately informed of the crossing of the border and a formal request for authorization, outlining the grounds for crossing the border without prior authorization, is submitted as soon as possible.

Artikel 40

1. Members may establish joint control or investigation teams to detect and prevent particular types of customs offences requiring simultaneous and coordinated activities.

2. Such teams shall operate in accordance with the national legal and administrative provisions of the Member in whose territory the activities are being carried out.

Artikel 41

1. When officials of a Member are present in the territory of another Member under the terms of this Agreement, they must at all times be able to furnish, in a language acceptable to the requested administration, proof of their official identity and status in their customs administration and of their official status as granted in the territory of the requested administration.

2. Officials shall, while in the territory of another Member under the terms of this Agreement, be responsible for any offence they may commit and shall enjoy, to the extent provided by that Party’s national legal and administrative provisions, the same protection as accorded to its own customs officers.

Artikel 42

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

2. Where a 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 any ongoing investigation, prosecution or proceeding. In such a case, the requested administration shall consult with the requesting administration to determine if assistance can be given subject to such terms or conditions as the requested administration may specify.

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

5. Where assistance is declined or postponed, reasons for declining or postponement shall be given.

Artikel 43

1. Members may enter reservations in respect to Articles 34 to 41 of this Agreement or may opt out from any of these Articles.

2. A Member shall be deemed to have accepted all provisions in Articles 34 to 41 of this Agreement unless at the time of signature, ratification, acceptance, approval or accession to the Agreement, it has notified the Secretary General of an opt out or any reservations in respect of these provisions and the reasons for each of the reservations.

3. A Member that has opted out of any of the Articles 34 to 41 of this Agreement or has entered reservations, shall review their opt out notification or reservations made, with intervals of three years and may withdraw them, in whole or in part, at any time by notification to the depositary specifying the date on which such withdrawal takes effect.

Hoofdstuk IV. GENERAL PROVISIONS FOR CENTRAL AUTOMATED INFORMATION SYSTEMS OF THE ORGANIZATION

Artikel 44

If the Council decides that specific information is to be centralized, the information to be centralized shall be placed in a central secure automated information system for the purpose of risk assessment to ensure the proper application of customs law, to prevent, investigate and combat customs offences and other cross-border crime and to ensure the security and facilitation of the international trade supply chains.

Artikel 45

1. In each case where information is to be centralized, it shall be placed in a secure central automated information system for customs purposes. This system shall be managed by the Organization and be accessible under the provisions laid down in Article 52 of this Agreement.

2. The communication of information by the customs administration of a Member to the central automated information system shall be subject to that Member’s legal and administrative provisions, unless this Agreement lays down more stringent provisions.

3. Each Member shall designate a competent authority in its customs administration to be responsible at the national level for the correct operation of the central automated information system and for the measures necessary to ensure compliance with this Chapter.

4. The Secretary General shall be responsible at the Organization level for the correct operation and maintenance of the central automated information system and for the measures necessary to ensure compliance with this Chapter and shall designate a Secretariat official to be responsible at the Organization level.

5. Each Member shall notify the Secretary General of the competent authority it has designated under paragraph 3 of this Article, who shall make this information available to the other Members, along with any relevant information regarding Organization officials designated under paragraph 4 of this Article. The information referred to in this paragraph shall be included in the central automated information system.

Artikel 46

1. A team shall be set up to manage the central automated information system with regard to technical, operational and procedural matters. It shall consist of representatives from the customs administrations of the Members and Organization officials.

2.

The management team shall establish procedures for all technical and operational matters including procedures relating to:

(i) (i) communication of information; (ii) (ii) access to the central automated information system and to the information it contains; and (iii) (iii) modification of information.

3. Following the approval by the Executive Committee of the procedures referred to in paragraph 2 of this Article, the management team shall ensure their implementation.

4. The management team shall report at least annually to the Executive Committee on the management of the central automated information system under paragraphs 1, 2 and 3 of this Article, making recommendations as necessary. The Executive Committee shall inform the Council of aspects that require an evaluation and decision by that body.

Artikel 47

1.

The Members and the Secretary General shall be responsible for the implementation of all necessary measures for the security of the central automated information system. The objectives of these measures shall include, but not be limited to:

(i) (i) preventing unauthorized access to equipment used for the processing of information in the system; (ii) (ii) preventing unauthorized access to the system; (iii) (iii) preventing unauthorized entry, reading, copying, amending or deletion of any information in the system; (iv) (iv) ensuring that it is possible to check and establish which designated competent authorities and Organization officials, referred to in paragraph 1 of Article 52 of this Agreement, have access to the central automated information system, and which designated officials and Organization officials, referred to in paragraph 2 of Article 52 of this Agreement, have access to the information in the system; (v) (v) ensuring that it is possible to check and establish which information has been introduced into the system, by whom, and to monitor queries; and (vi) (vi) preventing the unauthorized reading, copying, amendment or deletion of information during the communication of data and the transport of data media.

2. Independent representatives appointed by the management team shall carry out verifications of access to and queries about personal data to ensure that access and queries made were admissible and were made by authorized users. A record of all verifications shall be maintained in the system for reporting to the management team and deleted after twelve months.

Artikel 48

1. Each Member shall designate a competent authority in its customs administration to implement, at the national level, the security measures referred to in paragraph 1 of Article 47 of this Agreement.

2. The Secretary General shall implement, at the Organization level, the security measures referred to in paragraph 1 of Article 47 of this Agreement.

3. Each Member shall notify the Secretary General of the competent authority it has designated under paragraph 1 of this Article, who shall make this information available to the other Members, along with any relevant information regarding designated Organization officials under paragraph 2 of this Article. The information referred to in this paragraph shall be included in the central automated information system.

Artikel 49

The inclusion of information in the central automated information system shall be governed by the legal and administrative provisions of the supplying Member unless this Agreement lays down more stringent provisions.

Artikel 50

1. The use of information obtained from the central automated information system shall be governed by the legal and administrative provisions of the Member using such information, unless this Agreement lays down more stringent provisions.

2. Members may only use information obtained from the central automated information system in order to achieve the purposes stated in Article 44 of this Agreement. However, on request, the Member that supplied the information may authorize its use for other purposes, subject to any terms and conditions it may specify. Such other use shall be in accordance with the legal and administrative provisions of the Member which seeks to use the information. The use of information for other purposes includes its use in criminal investigations, prosecutions or proceedings.

3. Under the responsibility of the Secretary General, Organization officials may use information obtained from the central automated information system only to carry out tasks as required under this Agreement, subject to any conditions the management team may impose.

4. Personal data may only be used if obtained from the central automated information system in accordance with any conditions stipulated in accordance with paragraph 7 of Article 52 of this Agreement.

Artikel 51

1. Personal data included in the central automated information system shall be kept only for the time necessary to achieve the purpose for which it was supplied. Members shall specify the period of retention in the system of any personal data they supply.

2. A supplying Member may extend the period of retention referred to in paragraph 1 of this Article if the retention of its personal data is necessary for the purposes for which it was supplied. If there is no extension of this period, the data shall be deleted from the central automated information system at the initiation of the Member that supplied the personal data.

3. The Secretary General shall inform the supplying Member of the imminent deletion of personal data under paragraph 2 of this Article, one month before deletion. If no notification of extension of the period of retention under paragraph 2 of this Article is received before the foreseen date of deletion, the data shall be deleted on that date.

4. Independent representatives appointed by the management team shall carry out verifications to ensure that the period of retention of personal data in the central automated information system is being complied with. A record of all verifications shall be maintained in the system for reporting to the management team and deleted after twelve months.

Artikel 52

1. The competent authorities and Organization officials designated in accordance with paragraphs 3 and 4 of Article 45 of this Agreement shall have access to the central automated information system.

2. For the purposes of Article 51 of this Agreement and without prejudice to paragraph 7 of this Article, Members shall designate officials in their customs administrations, and the Secretary General shall designate Organization officials, who shall have access to information in the central automated information system.

3. Access to the system shall be in accordance with the procedures referred to in paragraph 2 of Article 50 of this Agreement. For the purpose of applying Article 51 of this Agreement, the management team shall have access to the central automated information system.

4. The Council may permit access to the non-personal information in the central automated information system by international and regional governmental organizations on the basis of reciprocity and subject to any conditions the Council may specify.

5. Independent representatives appointed by the management team shall have access to the central automated information system.

6. Each Member shall notify the Secretary General of the officials it has designated under paragraph 2 of this Article. The Secretary General shall make this information available to all Members along with any relevant information regarding Organization officials designated under the same paragraph. The information referred to in this paragraph shall be included in the central automated information system.

7. Members may stipulate who shall have access, or who shall not have access, to the personal data they supply.

8. The rights of natural persons with regard to personal data in the central automated information system, in particular their right of access, shall be put into effect in accordance with the legal and administrative provisions of the Member in whose territory such rights are invoked.

Artikel 53

1. Personal data in the central automated information system shall only be amended, supplemented, corrected, or deleted at the initiation of the supplying Member.

2. If a Member notes that the personal data it supplied is inaccurate, or was included or is stored in the central automated information system contrary to this Agreement, it shall arrange for the amendment, supplementation, correction or deletion of this personal data without delay. The Member concerned shall arrange with the Secretary General to notify those who have been stipulated to have access to personal data, as referred to in paragraph 7 of Article 52 of this Agreement, of such amendment, supplementation, correction or deletion.

3. If a Member has information to suggest that any personal data is inaccurate, or was included or is stored in the central automated information system contrary to this Agreement, it shall advise the supplying Member as soon as possible. The latter shall check the data concerned and, if necessary, arrange for its amendment, supplementation, correction or deletion without delay. The supplying Member shall arrange with the Secretary General to notify those who have been stipulated to have access to personal data, as referred to in paragraph 7 of Article 52 of this Agreement, of such amendment, supplementation, correction or deletion.

4. If, at the time of including personal data in the central automated information system, a Member realizes that its personal data conflicts with personal data supplied by another Member, it shall immediately advise the Member which supplied that data. The Members concerned shall attempt to resolve the matter. If resolving the matter results in an amendment, supplementation, correction or deletion of personal data, the Member which had supplied the data shall arrange with the Secretary General to notify those who have been stipulated to have access to personal data, as referred to in paragraph 7 of Article 52 of this Agreement, of such amendment, supplementation, correction or deletion.

5. Where a court or other competent authority within the territory of any Member makes a final decision regarding the amendment, supplementation, correction or deletion of personal data in the central automated information system, the Member in whose territory the decision is made shall arrange, if it supplied the data, for the amendment, supplementation, correction or deletion of this data without delay, or, if the data was supplied by another Member, it shall advise the supplying Member of the decision. The supplying Member shall then arrange for the amendment, supplementation, correction or deletion of the data without delay.

Artikel 54

1. A Member shall be responsible, to the extent possible, for the accuracy, currency and lawfulness of the information it has included in the central automated information system.

2. A Member shall be liable, in accordance with its legal and administrative provisions, for damage caused to a person through the use in its territory, of information obtained from the central automated information system by that Member.

3. A Member shall be liable in cases where the damage was caused by the supplying Member entering inaccurate data or entering data that is contrary to this Agreement.

4. If the Member found liable for damage under paragraph 3 of this Article is not the Member that supplied the information, the Members concerned shall agree on the terms and conditions of reimbursement to the liable Member of any sums it paid out in compensation.

5. A Member shall be liable, in accordance with its legal and administrative provisions, for damage caused to a person through the use of information by Organization officers obtained from the central automated information system contrary to this Agreement, to the extent that this information had been included in the system by that Member.

6. If damage is established by a competent judicial authority with respect to paragraph 4 of this Article, the Member concerned may refer the decision to the Executive Committee who will make a recommendation to the Council regarding any reimbursement.

Hoofdstuk V. TRANSITIONAL PROVISIONS

Artikel 55

Funds and assets, including automated systems, of the Caribbean Customs Law Enforcement Council shall be transferred to the Organization, subject to a decision to that effect by the last held conference of the Caribbean Customs Law Enforcement Council.

Artikel 56

Memoranda of Understanding concluded by the Caribbean Customs Law Enforcement Council shall remain valid and shall be transferred to the Organization. Partner organizations in these cooperative arrangements shall be informed accordingly.

Artikel 57

Any data obtained under a Memorandum of Understanding concluded by the Caribbean Customs Law Enforcement Council may be transferred to the central automated information systems of the Organization, subject to the approval of the partner organization.

Artikel 58

The last meeting of the Executive Committee of the Caribbean Customs Law Enforcement Council before the first Council session of the Organization shall call the meeting and shall ensure that all necessary arrangements for this first session will be in place.

Artikel 59

Ongoing investigations at the time of withdrawal from the Agreement by a Member shall nonetheless be completed in accordance with the provisions of this Agreement.

Hoofdstuk VI. FINAL PROVISIONS

Artikel 60

1. This Agreement shall be open for signature until 1 January 2020 at the Headquarters of the Organization by the States and, if permitted under their constitutional relationship with the State to which they are linked, the territories referred to in Article 5 of this Agreement.

2. This Agreement is subject to ratification, acceptance or approval by the States or territories referred to in paragraph 1 of this Article.

3. This Agreement shall be open for accession by any State or, if permitted under its constitutional relationship with the State to which it is linked, any territory referred to in Article 5 of this Agreement that has not signed this Agreement.

4.

Subject to the provisions of Article 5 of this Agreement:

(i) (i) any State may declare that its ratification, acceptance, approval of, or accession to this Agreement includes any territory or group of territories for the international relations of which it is responsible; (ii) (ii) any State may at any time declare by notification given in writing to the depositary that this Agreement shall extend to all or any of its territories for whose international relations it is responsible. Such notifications shall take effect three months after the date of receipt thereof by the depositary.

5. Any State and any territory referred to in paragraphs 2 or 3 of this Article may, at the time of signing or of depositing an instrument of ratification, acceptance, approval or accession, deposit an opt out as referred to in Article 43 of this Agreement. Any State may declare that the opt out includes any territory or group of territories possessing autonomy in the conduct of customs matters for the international relations of which it is responsible.

6. Any State or any territory referred to in paragraphs 2 or 3 of this Article, ratifying, accepting, approving or acceding to this Agreement shall be bound by any amendments to this Agreement which have entered into force at the date of deposit of its instrument of ratification, acceptance, approval or accession.

Artikel 61

1. In applying this Agreement, Members shall take the necessary measures to ensure, to the extent possible, that their officials who are responsible for investigating or combating customs offences maintain personal and direct relations with each other.

2. Two or more Members may decide on the mutual arrangements to facilitate the implementation and application of this Agreement between them.

Artikel 62

1. Any Member may propose amendments to this Agreement to the Secretary General.

2. The text of a proposed amendment shall be communicated by the Secretary General to all Members. Following a subsequent period of at least three months, a meeting of the Council shall be convened at which the Council shall consider whether to adopt and recommend the amendment to the States. The Secretary General shall notify the States of this adoption.

3. An amendment adopted by the Council in accordance with paragraph 2 of this Article shall be deemed to have been accepted if no objection has been lodged by any State before the expiry of a period of twenty-four months after the date of the notification referred to in paragraph 2 of this Article.

4. An amendment accepted in accordance with paragraph 3 of this Article shall enter into force three months after its date of acceptance. The Secretary General shall notify the States of the date of entry into force.

Artikel 63

1. Any dispute between Members or between Members and Cooperating Partners concerning the interpretation or application of this Agreement shall as far as possible be settled by negotiation between them.

2. In respect of disputes relating to the conditions of membership or any other matters concerning Cooperating Partner status, an individual Cooperating Partner and the Council shall consult each other to resolve the matter.

3. Any dispute that is not settled by negotiation shall be referred by the Members to the Executive Committee which shall thereupon consider the dispute and make recommendations for its settlement.

4. The Members in dispute may agree in advance to accept the recommendations of the Executive Committee as binding.

5. Disputes for which no solutions are found, shall be settled by diplomatic means.

Artikel 64

1. This Agreement shall enter into force three months after the date of the deposit of the instrument of ratification, acceptance or approval in accordance with Article 60 of this Agreement, notifying the tenth State or territory referred to in Article 5 of this Agreement as Member of the Organization.

2. For any State that deposits its instrument of ratification, acceptance, approval or accession after that date this Agreement shall enter into force three months after the date of deposit of its instrument of ratification, acceptance, approval or accession in accordance with the provisions of Article 60 of this Agreement.

Artikel 65

1. Any State or any territory referred to in paragraphs 2 or 3 of Article 60 of this Agreement may withdraw from the Organization by giving notice in writing to the depositary, who shall at once inform all the Members of the Organization of such notice of withdrawal. The withdrawal shall take effect six months after the receipt of the notice of withdrawal by the depositary.

2. Any State may notify the depositary, in accordance with paragraph 1 of this Article, that this Agreement no longer applies to any territory or group of territories for the international relations of which it is responsible as referred to in paragraph 4 of Article 60 of this Agreement. Such notification shall take effect six months after the receipt of the notification by the depositary.

3. A Cooperating Partner may withdraw from the Organization in accordance with the terms of the cooperative arrangement and informs the depositary thereof, and the depositary shall promptly notify the Members. Such withdrawal shall take effect six months after receipt of the notice by the depositary.

4. The Organization may withdraw Cooperating Partner status from a Cooperating Partner after a decision of the Council. A decision to withdraw Cooperating Partner status must have agreement from not less than three quarters of the Members.

Artikel 66

1. The Secretary General shall act as the depositary of the Agreement.

2.

The depositary shall:

(i) (i) receive and keep custody of the original texts of this Agreement; (ii) (ii) prepare certified copies of the original texts of this Agreement and transmit them to the Members; (iii) (iii) receive any signature with or without reservation of ratification, acceptance, approval or accession to this Agreement and receive and keep custody of any instruments of ratification, acceptance, approval or accession, notifications and communications relating to it; (iv) (iv) receive and keep custody of notifications of national legal and administrative provisions and written declarations in respect of paragraph 3 of Article 31 of this Agreement and any notifications of reservations by Members; (v) (v) examine whether the signature or any instrument, notification or communication related to this Agreement is in due and proper form and, if need be, bring the matter to the attention of the Member in question; (vi) (vi) notify the Members of:

        –
        the date of entry into force of this Agreement in accordance with Article 64 of this Agreement;
      
      
        –
        notifications received in accordance with Article 6 of this Agreement and paragraph 6 of Article 52 of this Agreement;
      
      
        –
        notifications of withdrawal under paragraph 2 of Article 65 of this Agreement; and
      
      
        –
        any amendments accepted or objected to in accordance with Article 62 of this Agreement and the date of their entry into force;

– – the date of entry into force of this Agreement in accordance with Article 64 of this Agreement; – – notifications received in accordance with Article 6 of this Agreement and paragraph 6 of Article 52 of this Agreement; – – notifications of withdrawal under paragraph 2 of Article 65 of this Agreement; and – – any amendments accepted or objected to in accordance with Article 62 of this Agreement and the date of their entry into force; (vii) (vii) notify the Members of the authorities referred to in paragraph 3 of Article 20 of this Agreement; and (viii) (viii) notify the Member customs administrations of the official contact points referred to in paragraph 1 of Article 21 of this Agreement.

3. In the event of any difference appearing between a Member and the depositary as to the performance of the latter’s function, the depositary or that Member shall bring the question to the attention of the other Members and to the signatories or, as the case may be, the Executive Committee.

Artikel 67

This Agreement shall be registered by the Secretary General with the Secretariat of the United Nations in accordance with Article 102 of the Charter of the United Nations, and shall be notified to the Secretary General of the World Customs Organization.