AGREEMENT 

BETWEEN THE GOVERNMENT OF THE SLOVAK REPUBLIC  AND THE GOVERNMENT OF THE REPUBLIC OF BULGARIA
ON MUTUAL ADMINISTRATIVE ASSISTANCE 
IN CUSTOMS MATTERS

The Government of the Slovak Republic and the Government of the Republic of Bulgaria, hereafter referred to as the Contracting Parties,

CONSIDERING the importance of accurate assessment of Customs duties and other taxes and of ensuring proper enforcement by Customs administrations of specific measures of prohibition, restriction and control;

CONSIDERING that offences against Customs law are prejudicial to their economic, commercial, fiscal, social, health, and cultural interests;

RECOGNIZING the need for international co-operation in matters related to the application and enforcement of their Customs laws;

CONVINCED that action against Customs offences can be made more effective by close co-operation between their Customs administrations based on mutually agreed legal provisions;

HAVING REGARD TO  the Recommendation on Mutual Administrative Assistance and the Declaration on the Improvement of Customs Co-operation and Mutual Administrative Assistance (the Cyprus Declaration), adopted in December 1953 and July 2000, respectively, by the Customs Co-operation Council, now known as the World Customs Organization;

HAVING REGARD TO international Conventions containing prohibitions, restrictions and special measures of  control in respect of specific goods;

HAVING REGARD ALSO TO the United Nations Universal Declaration of Human Rights of 1948,

have agreed as follows:

Article 1

Definitions

For the purposes of this Agreement:

(a)	 “Customs administration” shall mean:
for the Slovak Republic: the Customs Directorate of the Slovak Republic, 
for the Republic of Bulgaria: the National Customs Agency at the Ministry of Finance; 

(b)	“Customs law” shall mean any legal and administrative provisions applicable or enforceable by either Customs administration in connection with the importation, exportation, transhipment, transit, storage, and movement of goods, including legal and administrative provisions relating to measures of prohibition, restriction, and control;

(c)	“Customs offence” shall mean any violation or attempted violation of Customs law;

(d)	“information” shall mean any data, whether or not processed or analysed, and documents, reports, and other communications in any format, including electronic, or certified or  authenticated copies thereof;

(e)	“official” shall mean any Customs officer or other government agent designated by either Customs administration;

(f)	“person” shall mean both natural and legal person, unless the context otherwise requires;

(g)	“personal data” shall mean any data concerning an identified or identifiable natural person;

(h)	“requested administration” shall mean the Customs administration from which assistance is requested;

(i)	“requesting administration” shall mean the Customs administration which requests assistance;

(j)	“requested Contracting Party” shall mean  the Contracting Party whose Customs administration is requested to provide assistance;

(k)	“requesting Contracting Party” shall mean  the Contracting Party whose Customs administration requests assistance.

Article 2

Scope of the Agreement

1.	The Contracting Parties 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 and for the prevention, investigation and combating of Customs offences.

2.	All assistance under this Agreement by either Contracting Party shall be provided in accordance with its national legal and administrative provisions and within the limits of its Customs administration’s competence and available resources.

3.	This Agreement covers mutual administrative assistance between the Contracting Parties and is not intended to affect mutual legal assistance agreements between them. If mutual assistance is to be afforded by other authorities of the requested Contracting Party, the requested administration shall indicate those authorities and where known the relevant agreement or arrangement applicable.

4.	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.

Scope of Assistance

Article 3

Information for the Application and Enforcement of Customs Law

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

(a)	new Customs law enforcement techniques which have proved their effectiveness;

(b)	means or methods of committing Customs offences;

(c)	goods known to be the subject of Customs offences, as well as transport and storage methods used in respect of those goods.

2.	Assistance provided under this Agreement shall, on request, include the provision of  information to ensure the correct determination of Customs value.

3.	Either Customs administration shall, in making inquiries in its national territory on behalf of the other Customs administration, use all means available to provide the requested assistance.

Special Types of Assistance

Article 4 

Information Relating to Customs Offences

1.	The Customs administrations shall provide each other, either on request or on their own initiative, with information on activities, planned, ongoing, or completed which constitute or appear to constitute a Customs offence.

2.	In cases that could involve substantial damage to the economy, public health, public security or any other vital interest of either Contracting Party, the Customs administration of the other Contracting Party shall, wherever possible, supply such information on its own initiative without delay.

Article 5

Particular Types of Information 

1.	On request, the requested administration shall provide the requesting administration with information relative to:

(a)	whether  goods imported into the territory of the requesting Contracting Party have been lawfully exported from the territory of the requested Contracting Party;

(b)	whether  goods exported from the territory of the requesting Contracting Party have been lawfully imported into the territory of the requested Contracting Party and the Customs procedure, if any, under which the goods have been placed.

2.	On request, the requested administration shall provide the requesting administration with information relative to instances where the latter has reason to doubt the information supplied by the person concerned in the Customs matter.

Article 6

Notification

On request, the requested administration shall notify a person, residing or established in the territory of the requested Contracting Party, of any formal decision concerning that person taken by the requesting administration, in application of Customs law.

Article 7

Surveillance and Information

On request, the requested administration shall maintain surveillance over and provide information on:

(a)	goods, either in transport or in storage known to have been used or suspected of being used in connection with Customs offences in the territory of the requesting Contracting Party;

(b)	means of transport known to have been used or suspected of being used to commit Customs offences in the territory of the requesting Contracting Party;

(c)	premises known to have been used or suspected of being used to commit Customs offences in the territory of the requesting Contracting Party;

(d)	persons known to have committed a Customs offence in the territory of the requesting Contracting Party, or suspected of doing so, particularly those moving into and out of the territory of the requested Contracting Party.

Article 8

Controlled Delivery

The Contracting Parties may, by mutual arrangement, permit the movement of unlawful or suspect goods out of, through, or into their territories, with the knowledge and under the control of the competent authorities, with a view to investigating and combating Customs offences. If granting such permission is not within the competence of the Customs administration, that administration shall endeavour to initiate co-operation with the national authorities which do have such competence or it shall transfer the case to such an authority.

Article 9

The provisions of article 7 and article 8 shall apply also with respect to narcotic drugs, psychotropic substances and precursors, defined respectively in the Single Convention on Narcotic Drugs /1961/ as amended by the Protocol /1972/, Convention on Psychotropic Substances /1971/ and United Nations Convention against illicit Traffic in Narcotic Drugs and Psychotropic Substances /1988/.

Article 10

Information

1.	Original information shall only be requested in cases where copies verified by Customs administration would be insufficient and shall be returned at the earliest opportunity. The rights of the requested administration or of third parties relating thereto shall remain unaffected.

2.	Any information to be exchanged under this Agreement shall be accompanied by all relevant information for the interpretation and use thereof.

Article 11

Experts and Witnesses

On request, the requested administration may authorize its officials to appear before a court or tribunal in the territory of the other Contracting Party as experts or witnesses in the matter of a Customs offence.

Article 12

Communication of Requests

1.	Requests for assistance under this Agreement shall be addressed directly to the Customs administration of the other Contracting Party. Requests shall be made in writing or electronically, and shall be accompanied by any information deemed useful to comply with the request. The requested administration may require written confirmation of electronic requests. Where the circumstances so require, requests may be made orally. Such requests shall be confirmed in writing as soon as possible.

2.	Requests made pursuant to paragraph 1 of this Article, shall include the following details :

(a)	the name of the requesting administration;

(b)	the Customs matter at issue, type of assistance requested, and reason for the request;

(c)	a brief description of the case under review and its administrative and legal elements;

(d)	the names and addresses of the persons to whom the request relates, if known.

3.	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.

4.	The information referred to in this Agreement shall be communicated to officials who are specially designated for this purpose by either Customs administration. A list of those officials shall be supplied to the Customs administration of the other Contracting Party in accordance with Article 21 of this Agreement.

Execution of Requests

Article 13

Means of Obtaining Information

1.	If the requested administration does not have the information requested, it shall initiate inquiries to obtain that information.

2.	If the requested administration is not the appropriate authority to initiate inquiries to obtain the information requested, it may, in addition to indicating the appropriate authority, transmit the request to this appropriate authority.

Article 14

Presence of Officials in the Territory of the Other Contracting Party

1.	On written request, officials specially designated by the 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 :

(a)	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;

(b)	be present during an inquiry conducted by the requested administration in the territory of the requested Contracting Party and relevant to the requesting administration.

Article 15

Presence of Officials of the Requesting Administration at the Invitation
of the Requested Administration

Where the requested administration considers it useful or necessary for an official of the requesting administration to be present when, pursuant to a request, measures of assistance are carried out, it shall inform the requesting administration.

Article 16

Provisions for Visiting Officials

1.	When officials of either Contracting Party are present in the territory of the other Contracting Party under the terms of this Agreement, they must at all times be able to furnish proof of their official capacity.

2.	Officials designated by the requesting administration to be present in the territory of the requested Contracting Party, as provided for in Articles 14 and 15, shall have a purely advisory role.

3.	They shall, while there, enjoy the protection accorded to Customs officers of the other Contracting Party to the extent provided by the laws in force there, and be responsible for any offence they might commit.

Article 17

Confidentiality of Information

1.	Any  information  received  under  this Agreement shall  be used only by the Customs administrations and solely for the purposes of this Agreement except in cases where the Customs  administration  supplying  the  information  has  authorized  its use by other authorities or for other purposes.

2.	Any  information  received under this Agreement shall be treated as confidential  and shall be subject to at least the same protection and confidentiality as the same kind of information  is subject  to under  the national  law of the contracting Party where it is  received.

3.	Without prejudice to Articles 10 and 17, this Agreement shall not restrict Community provisions governing the communication between the competent services of the Commission of the European Communities and Customs administrations of the Contracting Parties of any information obtained in Customs matters, which could be of Community interest.

Article 18

Protection of Personal Data

1.	Personal data exchange under this Agreement shall not begin until the Contracting Parties have mutually agreed, in accordance with Article 21 of this Agreement, that such data will be afforded a level of protection that satisfies the requirements in national law of the providing Contracting Party.

2.	In the context of this Article, the Contracting Parties shall provide each other with their relevant legislation concerning the protection of personal data.

Article 19

Exemptions

1.	Where assistance under this Agreement might infringe the sovereignty, security, public policy or any other substantive national interest of a Contracting Party, or prejudice any legitimate commercial or professional interests, assistance may be refused or provided subject to such terms or conditions as the requested administration may require.

2.	Where the 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 an ongoing investigation, prosecution or proceedings. 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 require.

4.	Where assistance is denied or postponed, reasons for the denial or postponement shall be given.

Article 20

Costs

1.	Subject to paragraphs 2 and 3 of this Article, the Customs administrations shall waive all claims for reimbursement of costs incurred in the execution of this Agreement.

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 administration.

3.	If expenses of a substantial or extraordinary nature are or will be required to execute a request, the Contracting Parties 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.

Article 21

Implementation and Application of the Agreement

The Customs administrations shall jointly decide on detailed arrangements to facilitate the application of this Agreement.

Article 22

Territorial Application

This Agreement shall be applicable in the territories of both Contracting Parties as defined in their national legal and administrative provisions.

Final Provisions

Article 23

Entry into Force

This Agreement shall enter into force on the first day of the third month after the Contracting Parties have notified each other in writing through diplomatic means that    the  internal requirements for the entry into force of this Agreement have been met.

Article 24

Duration and Termination

1.	This Agreement is intended to be of unlimited duration but either Contracting Party may terminate it at any time by notification through diplomatic means.

2.	The termination shall take effect three months from the date of the notification of denunciation to the other Contracting Party. Ongoing proceedings at the time of termination shall nonetheless be completed in accordance with the provisions of this Agreement.

Article 25

Review

The Contracting Parties shall meet in order to review this Agreement on request or at the end of five years from the date of its entry into force, unless they notify each other in writing that no such review is necessary.

IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed this Agreement.

DONE AT Plovdiva on the 2th day of March 2005. in two copies in the Slovak, Bulgarian and English languages, all texts being equally authentic. In case of divergence in the interpretation between the Slovak and the Bulgarian texts, the English text shall prevail.

                            FOR THE GOVERNMENT                                             FOR THE GOVERNMENT
                                         OF THE                                                                              OF THE 
                               SLOVAK REPUBLIC                                                  REPUBLIC OF BULGARIA