Execution of requests. 1. In order to comply with a request for assistance, the requested authority shall proceed, within the limits of its competence and available resources, as though it were acting on its own account or upon request of other authorities of that same Party, by supplying information already possessed, by carrying out appropriate inquiries, or by arranging for them to be carried out. This paragraph shall also apply to any other authority to which the request has been addressed by the requested authority when the latter cannot act on its own.
2. Requests for assistance shall be executed in accordance with the legal or regulatory provisions of the requested Party and the answer shall be sent at the latest within 120 days following the date of the receipt of the request.
3. Duly authorized officials of a Party may be present in the offices of the requested authority or any other concerned authority in accordance with paragraph 1, to obtain information related to activities that are or may be operations in breach of customs legislation which the applicant authority needs for purposes of this Chapter.
4. Duly authorized officials of a Party involved may be present at inquiries or verifications carried out in the territory of the other Party.
Execution of requests. 1. In order to comply with a request for assistance, the requested authority shall proceed promptly, within the limits of its competence and available resources, as though it were acting on its own account or at the request of other authorities of that same Contracting Party, by supplying information already possessed, by carrying out appropriate enquiries or by arranging for them to be carried out. This paragraph shall also apply to any other authority to which the request has been addressed in accordance with this Agreement by the requested authority when the latter cannot act on its own.
2. Requests for assistance shall be executed in accordance with the laws and regulations of the Contracting Party which receives the request.
3. Duly authorised officials of a Contracting Party may, with the agreement of the other Contracting Party and subject to the conditions laid down by the latter, be present to obtain in the offices of the requested authority or any other concerned authority in accordance with paragraph 1, information relating to activities that are or may be operations in breach of customs legislation which the applicant authority needs for the purpose of this Agreement.
4. Duly authorised officials of a Contracting Party may, with the agreement of the other Contracting Party and subject to the conditions laid down by the latter, be present at enquiries carried out in the latter's territory.
Execution of requests. 1. In order to comply with a request for assistance, the requested authority shall proceed, within the limits of its competence and available resources, as though it were acting on its own account or at the request of other authorities of that same Party, by supplying information already in its possession, by carrying out appropriate enquiries or by arranging for them to be carried out. This provision shall also apply to any other authority to which the request has been addressed by the requested authority when the latter cannot act on its own.
2. Requests for assistance shall be executed in accordance with the legal or regulatory provisions of the requested Party.
3. Duly authorised officials of a Party may, with the agreement of the other Party and subject to the conditions laid down by the latter, be present to obtain in the offices of the requested authority or any other concerned authority referred to in paragraph 1, to obtain information relating to activities that are or could be operations in breach of customs legislation which the applicant authority needs for the purposes of this Protocol.
4. Duly authorised officials of a Party may, with the agreement of the other Party and subject to the conditions laid down by the latter, be present at enquiries carried out in the latter's territory.
Execution of requests. 1. The requested authority shall take all reasonable measures to execute the request and, if required, shall initiate any official or judicial measure necessary to carry out the request. The requested Customs Authority shall proceed, within the limits of its competence and available resources, as though it were acting on its own account.
2. The Customs Authority of either Contracting Party shall, upon the request of the Customs Authority of the other Contracting Party, conduct any necessary investigation, including the questioning of experts and witnesses or persons suspected of having committed a customs infringement and undertake verifications, inspections and fact-finding inquiries in connection with the matters referred to in the present Agreement.
3. Upon request, the requested authority, subject to any conditions it may impose, may allow appointed officials of the requesting authority to be present in the country of the requested Contracting Party when its officers are carrying out inquiries of interest to the requesting authority, including presence at such inquiries. The appointed officers shall be present in an advisory role only and may not exercise the powers conferred on officials of the requested authority by the domestic law of the requested Contracting Party. They may, however, for the sole purpose of the inquiry being carried out and in the presence of and through officials of the requested authority, have access to the same premises and same documents relevant to the investigation as those officials of the requested authority.
4. The officials of the requesting authority, authorised to investigate customs infringements, may ask that officials of the requested authority review and examine relevant books, registers and other documents or data-media and supply copies thereof or provide any information relating to the customs infringement.
5. When officials of the requesting authority are present in the territory of the requested Contracting Party pursuant to this Agreement, they must be able at all times to furnish proof of their identity and shall be responsible for any offences they might commit.
6. The requesting authority shall, if it so requests, be advised of the time and place of the action to be taken in response to the request so that such action may be coordinated.
Execution of requests. 1. The requested State shall promptly execute a request in accordance with the relevant provisions of this Agreement. The competent authorities of the requested State shall take every possible measure in their power to ensure the execution of a request.
2. A request shall be executed by using measures that are in accordance with the laws of the requested State. The particular manner or procedure described in the request referred to in paragraph 4(g) or paragraph 5(a) of Article 8 shall be followed to the extent that it is not contrary to the laws of the requested State, and where it is practically possible. In case the execution of the request in the manner or procedure described in the request poses a practical problem for the requested State, the requested State shall consult with the requesting State in order to solve the practical problem.
3. If the execution of a request is deemed to interfere with an ongoing investigation, prosecution or other proceeding, including judicial proceeding, in the requested State, the requested State may postpone the execution. The requested State shall inform the requesting State of the reasons for the postponement and consult the further procedure. Instead of postponing the execution, the requested State may make the execution subject to conditions deemed necessary after consultations with the requesting State. If the requesting State accepts such conditions, the requesting State shall comply with them.
4. The requested State shall make its best efforts to keep confidential the fact that a request has been made, the contents of the request, the outcome of the execution of the request and other relevant information concerning the execution of the request if such confidentiality is requested by the requesting State. If a request cannot be executed without disclosure of such information, the requested State shall so inform the requesting State, which shall then determine whether the request should nevertheless be executed.
5. The requested State shall respond to reasonable inquiries by the requesting State concerning the status of the execution of a request.
6. The requested State shall promptly inform the requesting State of the result of the execution of a request, and shall provide the requesting State with the testimony, statements or items, obtained as a result of the execution, including any claim from a person from whom testimony, statements or items are sought regarding immunity, incapacity or privilege under the l...
Execution of requests. 1. In order to comply with a request for assistance, the Requested Authority shall proceed, within the limits of its competence and available resources, as though it were acting on its own account or at the request of other authorities of that same Party or the EAC Partner States as the case may be, by supplying information already possessed, by carrying out appropriate enquiries or by arranging for them to be carried out. This provision shall also apply to any other authority to which the request has been addressed by the Requested Authority when the latter cannot act on its own.
2. Requests for assistance shall be executed in accordance with the legal or regulatory provisions of the requested Party.
3. Duly authorised officials of a Party may or the EAC Partner States as the case may be, with the agreement of the other Party involved and subject to the conditions laid down by the latter:
(a) be present to obtain in the offices of the Requested Authority or any other concerned authority in accordance with paragraph 1, information relating to activities that are or may be operations in breach of customs legislation which the Applicant Authority needs for the purposes of this Protocol.
(b) be present at enquiries carried out in the latter's territory.
Execution of requests. 1. The Requested Administration shall take all reasonable measures to execute the request for assistance made under this Agreement.
2. In the event that a request for assistance cannot be executed, the Requesting Administration shall be promptly notified of that fact, and provided with a statement of the reasons for refusal or postponement of the request. The statement may be accompanied by the relevant information, which may be useful for the Requesting Administration in its further pursuit of the request.
3. In cases where the Requested Administration is not the appropriate authority to comply with a request for assistance, it may promptly transmit the request to the appropriate authority which shall be under no obligation to reply to such a request.
Execution of requests. 1. In order to comply with a request for assistance, the requested authority or, when the latter cannot act on its own, the administrative department to which the request has been addressed by this authority, shall proceed, within its competence and available resources, as though it were acting on its own account or at the request of other authorities of that same Party, by supplying information already possessed, by carrying out appropriate enquiries or by arranging for them to be carried out.
2. Requests for assistance will be executed in accordance with the laws, rules and other legal instruments of the requested Party.
3. Duly authorised officials of a Party may, with the agreement of the other Party involved and within the conditions laid down by the latter, obtain from the offices of the requested authority or other authority for which the requested authority is responsible, information relating to the contravention of customs legislation which the applicant authority needs for the purposes of this Protocol.
4. Officials of a Party may, with the agreement of the other Party involved and within the conditions laid down by the latter, be present at enquiries carried out in the latter’s territory.
Execution of requests. Requests for assistance shall be executed in accordance with the legal or regulatory provisions of the requested Contracting Party.
Execution of requests. 1. In order to comply with a request for assistance, the Requested Authority shall proceed, within the limits of its competence and available resources, as though it were acting on its own account or at the request of other authorities of that same Party, or the SADC EPA States, as the case may be, by supplying information already possessed, by carrying out appropriate enquiries or by arranging for them to be carried out. This provision shall also apply to any other authority to which the request has been addressed by the Requested Authority when the latter cannot act on its own.
2. Requests for assistance shall be executed in accordance with the legal or regulatory provisions of the requested Party or the SADC EPA States, as the case may be.
3. Duly authorised officials of a Party or the SADC EPA States, as the case may be, may, with the agreement of the other Party or the SADC EPA States involved, as the case may be, and subject to the conditions laid down by the latter:
(a) be present to obtain in the offices of the Requested Authority or any other concerned authority in accordance with paragraph 1 of this Article, information relating to activities that are or may be operations in breach of customs legislation which the Applicant Authority needs for the purposes of this Protocol; and
(b) be present at enquiries carried out in the latter's territory.
