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.
Appears in 5 contracts
Samples: Mutual Assistance Agreement, Mutual Assistance Agreement, Mutual Assistance Agreement
Execution of requests. (1. ) The requested competent authority shall take all reasonable measures to ensure the prompt and full execu- tion of requests.
(2) The requesting competent authority shall be notified immediately of any circumstances hamper- ing the execution of the request or causing considerable delay in its execution.
(3) If the execution of the request does not fall within the jurisdiction of the requested competent authority, it shall immediately notify the requesting competent authority accordingly.
(4) The requested competent authority may request such further information as it deems necessary to duly execute the request.
(5) If the requested competent authority considers that the immediate execution of the request may hamper criminal prosecution, other proceedings or investigations being carried out in its State, it may suspend the execution of the request or allow the execution under conditions which were set as necessary after consultations with the requesting competent authority. If the requesting compe- tent authority agrees to receive assistance under the suggested conditions, it shall comply with these conditions.
(6) On receipt of the application made by the requesting competent authority, the requested compe- tent authority shall take all necessary measures to ensure the confidentiality of the fact that the request was made, its contents and annexed documents, as well as the fact of providing assis- tance. If it is not possible to execute the request andwithout preserving its confidentiality, if requiredthe re- quested competent authority shall inform the requesting competent authority accordingly, shall initiate any official or judicial measure necessary after which the latter may decide as to carry out whether it will be acceptable to execute the request. request under such conditions.
(7) 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 competent authority shall, if it so requestsat its earliest convenience, be advised inform the requesting com- petent authority about the results of the time and place execution of the action to be taken in response to the request so that such action may be coordinatedrequest.
Appears in 2 contracts
Samples: Police Cooperation Agreement, Police Cooperation Agreement
Execution of requests. 1. The requested authority Unless otherwise provided in this Agreement, assistance under this Agreement shall take all reasonable measures be provided directly by the Customs Administrations.
2. In order to execute comply with a request for assistance, the request and, if required, shall initiate any official or judicial measure necessary to carry out the request. The requested Customs Authority shall proceedRequested Administration shall, 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 shalltake all reasonable measures by providing information already possessed, upon the request of the Customs Authority of the other Contracting Party, conduct any necessary investigation, including the questioning of experts and witnesses by carrying out appropriate inquiries or persons suspected of having committed a customs infringement and undertake verifications, inspections and fact-finding inquiries in connection with the matters referred by arranging for them to in the present Agreementbe carried out.
3. Upon request, The Requested Administration may authorize the requested authority, subject to any conditions it may impose, may allow appointed officials of the requesting authority Requesting Administration to be present at the inquiries conducted by the Requested Administration 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 inquiriescustoms territory. The appointed officers shall be present in an advisory role only and may not exercise the powers conferred on presence of such officials of the requested authority Requesting Administration shall be of an advisory character and subject to the terms and conditions established 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 authorityRequested Administration.
4. The Duly authorized officials from the Requesting Administration may, with the consent of the requesting authorityRequested Administration and subject to the conditions established by the latter, authorised be present to investigate customs infringements, may ask that officials obtain in the offices of the requested authority review Requested Administration, information and examine relevant bookscopies of the documents related to activities that are or may be customs offences, registers and other documents or data-media and supply copies thereof or provide any information relating to which the customs infringementRequesting Administration needs for the purposes of this Agreement.
5. When When, in accordance with this Agreement, officials of the requesting authority either Customs Administration are present in the customs territory of the requested Contracting Party pursuant to this Agreementother Customs Administration, they must be able at all times any time to furnish proof of their identity identity, official capacity and shall be mandate. They cannot wear uniforms or carry weapons with them. They are responsible for any offences offence they might commitmay commit and they shall enjoy, to the extent provided by the laws and regulations of the Country of the other Customs Administration, the same protection as granted to officials of the other Customs Administration.
6. The requesting authority shallIf the Requested Administration cannot fulfil the request, if it so requests, be advised will inform without delay the Requesting Administration with a statement of the time and place of the action to be taken in response to the request so that such action reasons which may be coordinatedaccompanied by the relevant information.
Appears in 1 contract
Execution of requests. 1. The requested authority As empowered by this Treaty or by national law, or in accordance with its national practice, the Requested Party shall take all reasonable measures whatever steps it deems necessary to give effect to requests received from the Requesting Party. The courts of the Requested Party shall have authority to issue subpoenas, search warrants, or other orders necessary 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 When execution of either Contracting Party shall, upon the request of requires judicial or administrative action, the Customs request shall be presented to the appropriate authority by the persons appointed by the Central Authority of the other Contracting Requested 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 method of execution specified in the requested authority, subject request shall be followed to any conditions the extent that it may impose, may allow appointed officials is not incompatible with the laws and practices 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 Requested 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 If the Central Authority of the requesting authority, authorised to investigate customs infringements, may ask Requested Party determines that officials execution of the requested authority review and examine relevant books, registers and other documents request would interfere with ongoing proceedings or data-media and supply copies thereof or provide prejudice the safety of any information relating to the customs infringement.
5. When officials of the requesting authority are present person in the territory of the requested Contracting Requested Party, the Central Authority of that Party pursuant may postpone execution, or make execution subject to this Agreementconditions determined necessary after consultation with the Requesting Party. If the Requesting Party accepts the assistance subject to the conditions, they must be able at all times to furnish proof it shall comply with the conditions.
5. The Central Authority of their identity and the Requested Party shall be responsible for any offences they might commitfacilitate the participation in the execution of the request of such persons as are specified in the request.
6. The requesting authority shall, if it so requests, be advised Central Authority of the time Requested Party may ask the Central Authority of the Requesting Party to provide information in such form as may be necessary to enable it to execute the request or to undertake any steps which may be necessary under the laws and place practices of the Requested Party in order to give effect to the request received from the Requesting Party.
7. The Central Authority of the Requesting Party shall inform the Central Authority of the Requested Party promptly of any circumstances which make it inappropriate to proceed with the execution of the request or which require modification of the action to be taken in response to requested.
8. The Central Authority of the Requested Party shall promptly inform the Central Authority of the Requesting Party of the outcome of the execution of the request. If the request so that such action may be coordinatedis denied, the Central Authority of the Requested Party shall inform the Central Authority of the reasons for the denial.
Appears in 1 contract
Samples: Mutual Legal Assistance Treaty
Execution of requests. 1. The requested authority Central Authority of the Requested State shall take all reasonable measures to promptly execute the request andor, if requiredwhen appropriate, transmit it to the authority having jurisdiction to do so. The competent authorities of the Requested State shall initiate any official or judicial measure necessary do everything in their power to carry out execute the request. The requested Customs Authority Courts of the Requested State shall proceedhave authority to issue subpoenas, within search warrants, or other orders necessary to execute the limits of its competence and available resources, as though it were acting on its own accountrequest.
2. The Customs Authority of either Contracting Party shallWhen necessary, upon the request of shall be presented to the Customs appropriate authority by the persons designated by the Central Authority of the other Contracting Party, conduct Requested State. Such persons shall be legally authorized to act in any necessary investigation, including proceedings related to 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 Agreementrequest.
3. Upon requestRequests shall be executed in accordance with the laws of the Requested State except to the extent that this Treaty [17] provides otherwise. However, the requested authority, subject to any conditions method of execution specified in the request shall be followed except insofar as it may impose, may allow appointed officials is prohibited by the laws 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 authorityRequested State.
4. The officials If the Central Authority of the requesting authorityRequested State determines that execution of a request would interfere with an ongoing criminal investigation or proceeding in that State, authorised it may postpone execution, or make execution subject to investigate customs infringements, may ask that officials conditions determined to be necessary after consultations with the Central Authority 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 Requesting State. If the Requesting State accepts the assistance subject to the customs infringementconditions, it shall comply with the conditions.
5. When officials The Requested State shall use its best efforts to keep confidential a request and its contents if such confidentiality is requested by the Central Authority of the requesting authority are present in Requesting State. If the territory request cannot be executed without breaching the requested confidentiality, the Central Authority of the requested Contracting Party pursuant to this AgreementRequested State shall so inform the Central Authority of the Requesting State, they must which shall then determine whether the request should nevertheless be able at all times to furnish proof of their identity and shall be responsible for any offences they might commitexecuted.
6. The requesting authority shall, if it so requests, be advised Central Authority of the time and place Requested State shall respond to reasonable inquiries by the Central Authority of the action to be taken in response to Requesting [18] State concerning progress toward execution of the request.
7. The Central Authority of the Requested State shall promptly inform the Central Authority of the Requesting State of the outcome of the execution of the request. If the request so that such action may be coordinatedis not executed, the Central Authority of the Requested State shall inform the Central Authority of the Requesting State of the reasons for the failure to execute.
Appears in 1 contract
Samples: Mutual Legal Assistance Treaty
Execution of requests. 1. The requested authority As empowered by this Treaty by national law, or in accordance with its national practice, the Central Authority of the Requested Party shall take all reasonable measures whatever steps it deems necessary to execute promptly requests received from the Requesting Party. The Courts of the Requested Party shall have authority to issue subpoenas, search warrants, or other orders necessary 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 Central Authority of the other Contracting Party, conduct any Requested Party shall make all 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, arrangements 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 representation in the territory of the requested Contracting Requested Party pursuant to this Agreement, they must be able at all times to furnish proof of their identity and the Requesting Party in any proceedings arising out of a request for assistance.
3. The method of execution specified in the request shall be responsible for followed except to the extent that it is incompatible with the laws and practices of the Requested Party.
4. If the Central Authority of the Requested Party determines that execution of a request would interfere with an ongoing criminal investigation, prosecution, or proceeding under the laws of that Party, or prejudice the safety of any offences they might commitperson, it may postpone execution, or make execution subject to conditions determined to be necessary after consultations with the Central Authority of the Requesting Party. If the Requesting Party accepts the assistance subject to the conditions, it shall comply with the conditions.
5. The Central Authority of the Requested Party shall, in accordance with its national law and practice, facilitate the presence in the execution of the request of such persons as are specified in the request.
6. The requesting authority Requested Party shall, if upon request, keep confidential any information which might indicate that a request has been made or responded to. If the request cannot be executed without breaching confidentiality, the Requested Party shall so inform the Requesting Party, which shall then determine the extent to which it so requests, wished the request to be advised executed.
7. The Central Authority of the time Requested Party shall respond to reasonable inquiries by the Central Authority of the Requesting Party concerning progress toward execution of the request.
8. The Central Authority of the Requested Party may ask the Central Authority of the Requesting party to provide information in such form as may be necessary to enable it to execute the request or to undertake any steps which may be necessary under the laws and place practices of the Requested Party in order to give effect to the request received from the Requesting Party.
9. The Central Authority of the Requesting Party shall promptly inform the Central Authority of the Requested Party of any circumstances which make it inappropriate to proceed with the execution of the request or which require modification of the action requested.
10. The Central Authority of the Requested Party shall promptly inform the Central Authority of the Requesting Party of any circumstances which are likely to be taken cause a significant delay in response responding to the request.
11. The Central Authority of the Requested Party shall promptly inform the Central Authority of the Requesting Party of the outcome of the execution of the request. If the request so that such action may be coordinatedis denied, the Central Authority of the Requested Party shall inform the Central Authority of the Requesting Party of the reasons for the denial.
Appears in 1 contract
Samples: Treaty on Mutual Legal Assistance in Criminal Matters
Execution of requests. 1. The requested authority Customs Authority shall take all reasonable measures to execute the request anda request, and if requirednecessary, shall initiate will endeavor to seek any official or judicial measure measures necessary to carry out the request.
2. The If the requested Customs Authority does not have the information requested, it shall proceed, within the limits of its competence and available resources, endeavor to obtain such information as though it were if acting on its own accountbehalf or on behalf of the requesting Customs Authority.
23. The Customs Authority of either the State of one Contracting Party shall, upon the request of the Customs Authority of the State 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 offence, and undertake verifications, inspections and fact-finding inquiries inquiries, in connection with the matters referred to in the present Agreement.
34. Upon requestrequest of the requesting Customs Authority, the requested authorityCustoms Authority may, subject to any conditions it may imposethe fullest extent possible, may allow appointed officials of the requesting authority Customs 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 State of the requested Contracting Party pursuant Party, when its officials are investigating customs offences which are of concern 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 committhe requesting Customs Authority.
65. The requesting authority Customs Authority shall, if it so requests, be advised of the time and place of the action to be taken in response to the a request so that such action may be coordinated.
6. Officials of the requesting Customs Authority, authorized to investigate customs offences, may ask that the requested Customs Authority examine any relevant information including books, registers and other documents or data-media and supply copies thereof or provide any information relating to the customs offences.
Appears in 1 contract
Samples: Cooperation Agreement
Execution of requests. 1. The requested authority Central Authority of the Requested State shall take all reasonable measures to promptly execute the request andor, if requiredwhen appropriate, shall initiate any official or judicial measure necessary transmit it to carry out the authority having jurisdiction to do so. The competent authorities of the Requested State shall do everything in their power to execute the request. The requested Customs Authority Courts of the Requested State shall proceedhave authority to issue subpoenas, within search warrants, or other orders necessary to execute the limits of its competence and available resources, as though it were acting on its own accountrequest.
2. The Customs Authority of either Contracting Party shall, upon the request of the Customs Central Authority of the other Contracting Party, conduct any Requested State shall make all necessary investigation, including arrangements for and meet the questioning costs 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 representation in the present AgreementRequested State of the Requesting State in any proceedings arising out of a request for assistance.
3. Upon requestRequests shall be executed in accordance with the laws of the Requested State except to the extent that this Treaty provides otherwise. However, the requested authority, subject to any conditions method of execution specified in the request shall be followed except insofar as it may impose, may allow appointed officials is prohibited by the laws 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 authorityRequested State.
4. The officials If the Central Authority of the requesting authorityRequested State determines that execution of a request would interfere with an ongoing criminal investigation, authorised prosecution, or proceeding in that State, it may postpone execution, or make execution subject to investigate customs infringements, may ask that officials conditions determined to be necessary after consultations with the Central Authority 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 Requesting State. If the Requesting State accepts the assistance subject to the customs infringementconditions, it shall comply with the conditions.
5. When officials The Requested State shall use its best efforts to keep confidential a request and its contents if such confidentiality is requested by the Central Authority of the requesting authority are present in Requesting State. If the territory request cannot be executed without breaching such confidentiality, the Central Authority of the requested Contracting Party pursuant to this AgreementRequested State shall so inform the Central Authority of the Requesting State, they must which shall then determine whether the request should nevertheless be able at all times to furnish proof of their identity and shall be responsible for any offences they might commitexecuted.
6. The requesting authority shall, if it so requests, be advised Central Authority of the time and place Requested State shall respond to reasonable inquiries by the Central Authority of the action to be taken in response to Requesting State concerning progress toward execution of the request.
7. The Central Authority of the Requested State shall promptly inform the Central Authority of the Requesting State of the outcome of the execution of the request. If the request so that such action may be coordinatedis denied, the Central Authority of the Requested State shall inform the Central Authority of the Requesting State of the reasons for the denial.
Appears in 1 contract
Samples: Mutual Legal Assistance Treaty