Common use of Mutual Administrative Assistance In Customs Matters Clause in Contracts

Mutual Administrative Assistance In Customs Matters. 1. The Parties shall assist each other, in the areas within their competence, in accordance with the conditions laid down in this Chapter, to ensure the correct application of customs law, in particular by preventing, investigating, and combating operations in breach of customs law. 2. Assistance in customs matters, as provided for in this Section, shall not prejudice the rules governing mutual assistance in criminal matters, nor shall it cover information obtained under powers exercised at the request of a judicial authority, except where communication of such information is authorized by that authority. Assistance to recover duties, taxes, or fines is not covered by this Section. 3. Upon request of the applicant authority, the requested authority shall inform it: (a) whether goods exported from the territory of the applicant Party have been properly imported into the territory of the requested Party, specifying, where appropriate, the customs procedure applied to the goods; or (b) whether goods imported into the territory of the applicant Party have been properly exported from the territory of the requested Party, specifying, where appropriate, the customs procedure applied to the goods. 4. Upon request of the applicant authority, the requested authority shall, within the framework of its legal or regulatory provisions, take the necessary steps to ensure special surveillance of: (a) persons in respect of whom there are reasonable grounds for believing that they are or have been in breach of customs law; (b) places where stocks of goods have been or may be assembled or transformed in such a way that there are reasonable grounds for believing that these goods are intended to be used in operations in breach of customs law; (c) goods that are or may be transported in such a way that there are reasonable grounds for believing that they are intended to be used in operations in breach of customs law; and (d) means of transport that are or may be used in such a way that there are reasonable grounds for believing that they are intended to be used in operations in breach of customs law. 5. The Parties shall assist each other, at their own initiative and in accordance with their laws, rules, and other legal instruments, if they consider that to be necessary for the correct application of customs law, in particular, by providing information obtained pertaining to: (a) activities which are or appear to be operations in breach of customs law and which may be of interest to the other Party; (b) new means or methods employed in carrying out operations in breach of customs law; (c) goods known to be subject to operations in breach of customs law; (d) persons in respect of whom there are reasonable grounds for believing that they are or have been involved in operations in breach of customs law; and (e) means of transport in respect of which there are reasonable grounds for believing that they have been, are, or may be used in operations in breach of customs law. 6. Upon request of the applicant authority, the requested authority shall, in accordance with legal or regulatory provisions applicable to the latter, take all necessary measures in order to deliver any document or to notify any decision, emanating from the applicant authority and falling within the scope of this Article, to an addressee residing or established in the territory of the requested authority. Requests for delivery of documents or notification of decisions shall be made in a written form in English.