International Convention On Administrative Mutual Assistance For The Purpose Of Preventing, Investigating And Punishing The Crime Of Violating Customs Law

Promulgation date: 1977-06-09

Execution date: 1977-06-09

The parties to the Convention drawn up under the auspices of the Customs Cooperation Council, taking into account the offence of violating Customs Law, are harmful to the economic, social and financial interests of all countries and the legitimate interests of the trade community. Taking into account the cooperation among customs offices of various countries, the accusation against crimes committed by Customs Law is more effective, and this cooperation is also one of the main purposes of establishing the Convention on customs cooperation.

The agreement is as follows:

Chapter I definition

Article 1 in this Convention:

1. The term "Customs Law" refers to all laws or regulations governing customs import and export or pshipment of goods by the General Administration of customs.

2. The term "violation of Customs Law" refers to any violation of Customs offence which has been attempted or attempted.

3, the term "cheat the customs to evade Customs duties" means the crime of deceiving the customs to evade all or part of the import and export tax, or to evade the prohibition or restriction of the Customs Law, or to obtain any illegal interests, such as the violation of Customs Law.

4, the term "smuggling" refers to the concealed method of smuggling goods across the customs border.

5. The term "import and export tax" refers to the duties imposed on the import and export of goods or customs related to the import and export of goods, and other taxes, domestic taxes, fees or other charges, but not the amount equivalent to the cost of the labour provided.

6. The term "person" refers to a natural person and a legal person unless it is otherwise stipulated in the context.

7. The term "Council" refers to the organization established under the Convention on the establishment of Customs Cooperation Council, signed in Brussels in December 25th 1950.

8. The term "standing technical committee" refers to the standing technical committee established by the Council.

9, the word "approval" means approval, acceptance or recognition.

The second chapter is about the scope of application of the Convention.

Second article

1. The contracting parties who accept one or more of the covenant of this Convention agree that the General Administration of Customs of each Contracting Party shall provide assistance to each other in order to prevent, investigate and punish various offense of Customs Law in accordance with the provisions of this Convention.

2, the General Administration of Customs of the contracting party may request for mutual assistance in accordance with paragraph 1 of this article for any judicial or administrative litigation case investigated or handled by the party.

If the customs administration itself does not preside over the proceedings, the assistance it requests can only be limited by its power in the proceedings.

Similarly, if the litigation is carried out within the territory of the Customs General Administration of the requested party, the latter's assistance will also be limited by the scope of power it has in the litigation.

3, mutual assistance stipulated in the first paragraph of this article shall not be extended to arrest the offender on behalf of the other Contracting Party, or to pursue customs duties, domestic taxes, fees, fines or other expenses.

Third, if the contracting party considers that the assistance requested will infringe upon the sovereignty, security or other important national interests of the country, or harm the legitimate commercial interests of the public and private enterprises in the country, it may refuse to provide assistance or assist only under certain conditions or regulations.

Article fourth if the assistance requested by the Customs Administration of the contracting party is requested by the Customs General Administration of the Customs Department, the Customs General Administration of the party shall, when the other party makes the same request, fails to provide the party, and the Customs General Administration of the customs shall declare this point in its request, and draw attention to it.

Whether or not to agree to this request shall be decided by the requested party on its own discretion.

Third chapter general provisions on assistance

Fifth article

1. Any intelligence, documents or other confidential information provided or obtained according to the provisions of this Convention:

A shall be applied only to the purposes specified in this Convention, including in judicial or administrative proceedings.

It is also restricted by the conditions stipulated by the General Administration of customs, which provides this material.

(b) the same confidentiality treatment should be obtained for similar intelligence, documents and other confidential and confidential documents applicable to the recipient countries in their own territory.

2, the intelligence, documents or other confidential reports can only be used for the purpose of providing the written permission of the Customs General Administration of one party and binding under the restrictions set forth by the General Administration and the provisions of the first paragraph of this article.

Sixth article

1, the mutual information provided by the contracting parties in accordance with this Convention shall be carried out directly between the General Administration of customs.

The General Administration of Customs of the contracting parties shall designate their organizations or officials to be responsible for liaison, and shall notify the Secretary General of the Council of the names and addresses of the agencies or officials, and the Secretary General shall provide such confidential information to other parties.

2. The General Administration of Customs of the requested party shall take all necessary measures to meet this request and give assistance in accordance with the provisions of its existing domestic laws and regulations.

3. The General Administration of Customs of the requested party shall respond to this request as soon as possible.

Seventh article

1. In accordance with the provisions of this Convention, requests for assistance are usually made in writing, and the requesting documents should include the required confidential papers and the documents that may be useful.

2. Written request is written in the language acceptable to all parties concerned.

All documents attached to the request, if necessary, should also be plated into mutually acceptable languages.

3, under any circumstances, the contracting parties shall accept requests for assistance and attachments written in English or French, or English or French versions.

4, when the situation is particularly urgent, if the written request for assistance is not available, the requested party may require a written confirmation.

Eighth all expenses paid for hiring experts and witnesses under this Convention shall be borne by the requesting party.

The contracting parties shall waive their repayment requirements in order to carry out any other expenses undertaken by this Convention.

The fourth chapter is about miscellaneous rules.

Ninth, in order to further achieve the purpose of this Convention, the Governing Council and the General Administration of Customs of all parties shall designate the responsible bodies to prevent, investigate and punish crimes against customs law, so as to maintain direct contact among personnel.

Tenth one or more of the covenants of a convention binding on a Contracting Party shall be considered as an integral part of this Convention and shall be deemed to include one or more of the following provisions when the contracting party refers to this Convention.

Eleventh the provisions of this Convention shall not exclude a wider range of mutual assistance that some parties may agree or agree to implement in the future.

The fifth chapter is the responsibilities of the Council and its standing technical committee.

Twelfth article

1, the Council shall undertake the management and development of this Convention in accordance with the provisions of this Convention.

2, for this purpose, the standing technical committee shall exercise the following functions and powers under the authority of the Council and in accordance with the directives of the Council:

A amendment to this Convention should be submitted to the Council when necessary.

Second, put forward the interpretation of the provisions of the Convention;

In connection with the prosecution of smuggling of narcotics and psychedelic drugs, antiques and other cultural smuggling cases, we should keep in touch with other relevant international organizations, especially with the competent organs of the United Nations, UNESCO and the international police organization.

Ding, in order to further pursue the purpose of this Convention, we should investigate and facilitate the prevention, investigation and punishment of various new measures and procedures for violating Customs Law, and convene meetings.

The tasks entrusted by the Executive Council are related to the implementation of the provisions of this Convention.

The thirteenth Council and the standing technical committee shall vote on each agreement as a separate convention.

Sixth chapter supplementary provisions

The dispute between the fourteenth contracting parties or parties shall be resolved through negotiation if there is any dispute over the interpretation and implementation of this Convention.

Fifteenth article

1, the member states of the Council may become parties to the Convention through the following ways:

(1) signing this Convention without reservation;

B, if the Convention has been signed but is yet to be ratified, the approval document should be delivered to the Council; or

C, by joining this Convention.

2, the Convention shall be signed by the first countries of the first paragraphs of this article to the headquarters of the Brussels Council before June 30, 1978.

3. Each country referred to in the first paragraph of this article shall declare, when signing, ratifying or acceding to this Convention, that it accepts one or more contracts, and that at least one country must accept an annex, which may, in the future, notify the Secretary General of the Council of the acceptance of one or more of its annexes.

4, the instrument of ratification or accession shall be deposited with the Secretary General of the Council.

5, a customs union or an economic alliance can be a contracting party to this Convention at any time after all Member States have become the Contracting Party of this Convention at the same time or in all its member states.

But all allies have no vote.

Sixteenth article

1, the Convention shall enter into force within three months of the five countries mentioned in the fifteenth paragraph of the first paragraph of the Convention, which have been ratified by the five countries without reservation, or after they have delivered their ratification or accession instruments.

2, after five countries have ratified the Convention without reservation, or have delivered their ratification or accession instruments, the Convention shall enter into force three months after the agreement is signed, ratified or acceded to by any party without reservation.

3. Any covenant of this Convention shall come into force three months after the acceptance of the annex by two states.

If an acceptance is accepted by another two parties, it shall be effective for three months after the other party has accepted the contract.

However, before the entry into force of this Convention, any covenant shall not enter into force for that party.

Seventeenth article

1, any country may send a pport knowledge to the Secretary General of the Council at any time after the ratification of this Convention without reservation, or at the time of its ratification or accession, or at any time thereafter, declaring that the application of this Convention should be extended to the country with diplomatic responsibilities.