A G R E E M E N T
BETWEEN
THE GOVERNMENT OF THE SLOVAK REPUBLIC
AND
THE GOVERNMENT OF THE REPUBLIC OF ALBANIA
ON CO–OPERATION AND MUTUAL ASSISTANCE IN CUSTOMS MATTERS

The Government of the Slovak Republic and the Government of the Republic of Albania, hereinafter referred to as the Contracting Parties,

CONSIDERING the importance of ensuring the accurate assessment and collection of customs duties, taxes and other charges on the importation or exportation of goods, as well as the proper implementation of provisions on prohibition, restriction and control;

CONSIDERING that offences against Customs legislation are prejudicial to their economic, fiscal, and social interests of their respective countries as well as to the legitimate interest of trade;

RECOGNIZING the need for concerted actions in combating illegal trafficking in narcotic drugs and psychotropic substances;

CONVINCED that efforts to prevent offences against customs legislation and efforts to ensure accurate collection of import and export duties, taxes, and other charges can be rendered more effective through close co-operation between their Customs  Authorities;

CONSIDERING the existing friendly relations between Slovak Republic and the Republic of Albania;

HAVING REGARD TO the Recommendation of the Customs Co-operation Council on Mutual Administrative Assistance of December 5, 1953;

HAVING REGARD ALSO TO the provisions of the Single Convention on Narcotic Drugs of 1961, amended by the Protocol of 1972 and the Convention on Psychotropic Substances of 1971 drawn up under the auspices of the United Nations Organisation, as well as the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988;

have agreed, as follows:

Article 1

D E F I N I T I O N S 

For the purposes of this Agreement:

a)	“ Customs Authority” shall mean in the Slovak Republic the Customs Directorate of the Slovak Republic and in the Republic of Albania the Directorate General of Customs of the Ministry of Finance;  

b)	"Customs legislation" shall mean provisions laid down by law or regulations of both Contracting Parties concerning the importation, exportation, transit of goods or any other customs procedures, whether relating to customs duties, taxes or any other charges levied by the Customs Authority or to measures of prohibition, restriction or control, enforced by the Customs Authority;

c)	"offence" shall mean any violation of Customs legislation, as well as any attempted violation of  such legislation;

d)	"Requesting Customs Authority" shall mean the competent Customs Authority of a Contracting Party which makes a request for assistance in customs matters;

e)	"Requested Customs Authority” shall mean the competent Customs Authority of a Contracting Party which receives a request for assistance in customs matters;

f)	“person” shall mean any natural person and/or legal person;

g)	“information” shall mean mainly reports, records, documents, documentation, whether computerised or not and certified copies thereof;

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

i)	“Controlled delivery” shall mean the technique of allowing illicit or suspect consignment of narcotic drugs, psychotropic substances and precursors and endangered species of wild flora and fauna or substances substituted for them, to pass out of, through or into the territories of the States of the Contracting Parties with the knowledge and under supervision of their competent authorities, with a view to identifying persons involved in the illicit trafficking of narcotic drugs, psychotropic substances and precursors and endangered species of wild flora and fauna.

Article 2

S C O P E   O F   A G R E E M E N T

1.	The Contracting Parties shall through the Customs Authorities and in accordance with the provisions set out in this Agreement, afford each other mutual assistance: 

a)	in order to ensure that the customs legislation  is properly applied,

b)	in order to ensure  the proper assessment of customs duties, taxes and other charges,

c)	in undertaking measures in order to facilitate and expedite the movement of passengers and the flow of goods,

d)	in order to prevent, inquire and combat offences against customs legislation,

e)	in cases concerning delivery of documents regarding application of customs legislation,

f)	 in the exchange of technical experience with the aim of promotion of work of the respective Customs Authorities.

2.	Assistance within the framework of this Agreement shall be provided in compliance with the legislation in force in the territory of the State of the Requested Contracting Party and within the competence and resources of the requested Customs Authority. If necessary, the Customs Authority can arrange for assistance to be provided by another competent authority in accordance with the legislation in force in the territory of the State of the Requested Contracting Party.

3.	The application of this Agreement shall not affect the obligations of the Contracting Parties under any International Conventions or Agreements in judicial field.

Article 3

S U R V E I L L A N C E   OF   P E R S O N S,   G O O D S,
M E A N S   O F   T R A N S P O R T   A N D   P L A C E S

The Customs Authority of one Contracting Party shall, within its competence and resources, on its own initiative or upon request of the Customs Authority of the other Contracting Party, maintain surveillance over:

a)	the movements, particularly entry into and exit from the territory of its State, of persons, known to be or  suspected to commit or having committed offences against customs legislation in force in the territory of the State of the other Contracting Party,

b)	movement of goods, reported by the Customs Authority of the other Contracting Party, as giving rise to suspected illicit traffic to or from the territory of its State, 

c)	any means of transport and containers known to be, or suspected of being used for committing offences against customs legislation,

d)	the places used for illegal storing of goods in the territory of the State of the respective Contracting Party.

Article 4

A C T I O N S    A G A I N S T    I L L I C I T    T R A F F I C K I N G
  I N   C E R T A I N   G O O D S

The Customs Authorities shall, on their own initiative or upon request, based on consultation and co-ordination with other competent authorities, without delay, provide each other with all relevant information on activities which constitute or may constitute an offence against the customs legislation in force in the territory of the State of one of the Contracting Parties, concerning:

a)	traffic of narcotic drugs, psychotropic substances and precursors,

b)	traffic of weapons, ammunitions, explosives,

c)	the movement of sensitive and strategic goods subject to special controls in accordance with the international treaties concerned and the relevant multilateral agreements and concurring non-proliferation obligations, to which both Contracting Parties are members,

d)	traffic of works of art and antiquity which are of significant historical, cultural or archaeological value for one of the Contracting Parties,

e)	the movement of poisonous goods as well as goods or substances dangerous for the environment or public health,

g)    traffic of goods subject to high customs duties, taxes or charges.

Article 5

C O N T R O L L E D    D E L I V E R Y

1.	In accordance with the national legislation, the Customs Authorities may, by mutual consent and within their competence, use controlled delivery with a view to identifying persons involved in the illicit trafficking of narcotic drugs and psychotropic substances or endangered species of wild flora and fauna and to taking legal action against them.
2.	Decisions concerning the use of the Controlled delivery procedure shall be made on a case-by-case basis and where necessary, in accordance with any arrangements or agreements which may have been reached concerning a particular case. They may, if necessary, and provided it is in conformity with the domestic legislation of the Contracting Parties take into account financial arrangements and understandings reached between both Contracting Parties. 
3.	Illicit consignments whose Controlled delivery is agreed to, may, by mutual consent of the competent authorities, be intercepted and allowed to continue with the narcotic drugs, psychotropic substances or substances substituted for them intact or - in case the conditions are ensured - removed or replaced in whole or in part.

C O M M U N I C A T I O N   O F   I N F O R M A T I O N

Article 6

The Customs Authorities shall, on their own initiative or upon request, provide each other with all information, which may help to ensure accuracy in:

a)	the collection of import and export customs duties, taxes and other charges levied by customs authorities and, in particular, information which may help to assess the value of goods for customs purposes and to establish their tariff classification;

b)	the implementation of import, export and transit prohibitions and restrictions;

c)	the application of rules of origin not covered by preferential agreements concluded by one of or both Contracting Parties.

Article 7

The Customs Authorities shall, on their own initiative or upon request, provide each other with the following information:

a)	whether goods, imported into the territory of the State of one of the Contracting Parties, have been legally exported from the territory of the State of the other Contracting Party and the nature of the customs procedure, if any, under which the goods have been placed,

b)	whether goods exported from the territory of the State of one of the Contracting Parties have been legally imported into the territory of the State of the other Contracting Party and the nature of the customs procedure, under which the goods have been placed,

c)	whether goods which are granted favourable treatment upon exportation from the territory of the State of one Contracting Party have been duly imported into the territory of the State of the other Contracting Party, it being understood that information shall also be provided on any customs control measures to which the goods have been subjected.

Article 8

The Customs Authority of one Contracting Party shall, on their own initiative or upon request, provide  the Customs Authority of the other Contracting Party with all information likely to be of use to it relating to offences against customs legislation and, in particular, information relevant to: 

a)	persons, known or suspected of committing or having committed offences against customs legislation in force in the territory of the State of the other Contracting Party,

b)	goods known or suspected to be subject of Customs offences,

c)	means of transport and containers, known or suspected of being used for committing offences against customs legislation in force in the territory of the State of the other Contracting Party,

d)	new ways and means employed in committing offences against customs legislation,

e)	places used for illegal storing of goods in the territory of the State of the other Contracting Party.
Article 9

1.	If the Requested Customs Authority does not have the requested information, it may, at its own discretion, seek that information in accordance with the provisions of legislation in force in the territory of the State of the Requested Contacting Party.

2.	The Requested Customs Authority within its competence, available resources and in compliance with its national legislation shall seek the information as if it was acting on its own account.

Article 10

1.	The Customs Authorities shall provide each other, either on request or on their own initiative, with information on activities, carried out or intended which constitute or may constitute an offence.

2.	The Customs Authorities shall request originals of information, including files and documents only in cases where certified copies would be insufficient. Upon request of one of the Customs Authorities of the Contracting Parties, copies of such files, documents, and other materials shall be appropriately certified.

3.	Originals of information, including files and documents, which have been provided, shall be returned at the earliest opportunity.

4.	The information provided pursuant to this Agreement may be transmitted via any electronic means in any form for the same purpose. It shall contain at the same time all relevant explanations necessary for the interpretation and use of this information.

Article 11

F O R M   A N D   S U B S T A N C E   O F
T H E    R E Q U E S T   F O R   A S S I S T A N C E 

1.	Requests, pursuant to this Agreement shall be made in a written form. Documents necessary for the execution of such requests shall accompany the request. When required because of the urgency of the situation, oral requests may be accepted, but must be confirmed immediately in writing.

2.	Requests under Paragraph 1 of this Article shall include the following information:

a) the name of the Customs Authority making the request,

b) the measure requested,

c) the object and the reasons for the request,

d) the laws, rules  and other legal acts, referring to the object of the request,

e) indications as exact and comprehensive as possible upon the persons being the target of inquiries,

f) a summary of the relevant facts to the object of the request,

g) the connection between the assistance sought and the matter to which it relates.

3.	Requests shall be submitted in the English language or in another language acceptable to the Requested Customs Authority.

4.	If a request does not meet the formal requirements of Paragraphs 2 and 3 of this Article the Requested Customs Authority may demand its correction or completion; the ordering of precautionary measures may, however, take place.

Article 12

O F F I C I A L   I N Q U I R I E S

1.	If the Customs Authority of one Contracting Party so requests, the Customs Authority of the other Contracting Party shall initiate official inquiries concerning operations which are or appear to be contrary to the Customs legislation in force in the territory of the State of the Requesting Contracting Party. It shall communicate the results of such inquiries to attention of the Requesting Customs Authority.
 
2.	Such inquiries shall be conducted under the legislation in force in the territory of the State of the Requested Contracting Party. The Requested Customs Authority shall proceed as if it was acting on its own behalf.

3.	On request, the requested Customs Authority may, in specific cases, with the consent of the requesting Customs Authority of the other Contracting Party, allow officials of the Requesting Customs Authority to be present in the territory of the State of Requested Contracting Party, including presence at official inquiries, when its officials are investigating offences which are of concern to the Requesting Customs Authority. 

4.	An official of the Customs Authority of the Requesting Contracting Party present in the territory of the State of the Requested Contracting Party pursuant to this Agreement shall act in an advisory capacity only and shall under no circumstances actively participate in the investigation or exercise any legal or investigative powers granted to officials of the Requested Customs Authority according to the national legislation of the Requested Contracting Party. 

5.	The Requesting Customs 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 concerted action may be taken. 

6.	Officials of the Requesting Customs Authority, authorised to inquire offences, may ask that the Requested Customs Authority examine relevant books, registers, and other documents or data media and supply certified copies thereof, or supply any information relating to the offence.

7.	When, in the circumstances provided by this Agreement, officials of the customs authority of one Contracting Party are present in the territory of the State of the other Contracting Party, they must at all times be able to furnish proof of their official capacity. They must not wear uniform nor carry arms.

U S E   O F   I N F O R M A T I O N 
  
Article 13

1.	Information and other communications received under this Agreement shall not be used for purposes other than those specified in this Agreement, including the use in judicial and administrative proceedings. They may be used for other purposes solely with the prior written consent of the Requested Customs Authority and subject to any conditions or restrictions it may impose.

2.	The provisions of paragraph 1 of this Article are not applicable to information concerning offences relating to narcotic drugs and psychotropic substances. Such information may be communicated to the authorities of the Requesting Contracting Party, which are directly involved in combating illicit drug traffic. However, this information shall not be transferred to third countries without the prior written consent of the Requested Customs Authority.

3.	Any information delivered in whatever form pursuant to this Agreement shall be of confidential nature. It shall be covered by the obligation of official secrecy and shall enjoy the protection extended to the same kind of information and documents under the legislation in force in the State of the Contracting Party, which received it.

4.	Without prejudice to Articles 13 and 14, this Agreement shall not prejudice Community provisions governing the communication between the competent services of the Commission of the European Communities and the customs authorities of the Slovak Republic of any information obtained in customs matters, which could be of Community interest.

Article 14

1.	The Customs Authorities of the Contracting Parties may, in accordance with the purposes and within the scope of this Agreement, in their records of evidence, reports and testimonies, and in proceedings brought before courts, use as evidence information and documents obtained in accordance with this Agreement. 

2.	The use made of such information and documents as evidence in courts and the weight to be attached thereto shall be determined in accordance with the domestic legislation of the Contracting Party.  

Article 15
P E R S O N A L   D A T A   P R O T E C T I O N

Personal data exchanged under this Agreement is used for the purposes stated in the requestfor assistance and subject to any conditions that the Requested Customs Authority may impose. The personal data will be treated in a confidential nature and protected in accordance with the legislation in force in the territory of the State of the Requesting Contracting Party.

Article 16

D E L I V E R Y   O F   D O C U M E N T S

The request, the Requested Customs Authority shall, in accordance with the national legislation in force in the territory of the State of the Requested Contracting Party, deliver to the natural or legal persons concerned, residing or established in its territory, all documents falling within the scope of this Agreement, which emanate from the Requesting Customs Authority.

Article 17

E X P E R T S    A N D    W I T N E S S E S

1.	On request of the Customs Authority of one Contracting Party, the Customs Authority of the other Contracting Party may authorise its officials, with their consent, to appear as experts or witnesses in trials or administrative proceedings regarding offences prosecuted in the territory of the State of the Requesting Contracting Party and to produce objects, deeds and other documents or certified copies of the latter for proceedings.  Such officials shall give evidence obtained by them in the course of their duties. 

2.	The Requesting Contracting Party is duty bound to take all necessary measures for the protection of the personal security of the officials during their stay on the territory of its State, under Paragraph 1 of this Article. The transport and daily expenses of these officials shall be covered by the Requesting Customs Authority.

3.	The request for the appearance must clearly indicate, in what case and in what capacity the officials is to appear.

4.	The official requested to appear as witness or expert has the privilege to refuse to give evidence or a statement, if he is entitled or obliged to do so by virtue of the national legislation of the Requested Contracting Party or of the Requesting Contracting Party.

5.	The request for appearance of officials as experts and witnesses shall be made in accordance with the legislations in force in the territories of the States of the Contracting Parties.

Article 18

E X C E P T I O N S    F R O M    T H E   O B L I G A T I O N   T O 
R E N D E R    A S S I S T A N C E

1.	If the Requested Customs Authority considers that compliance with the assistance requested  would be prejudicial to the sovereignty, security or any other essential interests of that State, or would disclose an industrial or commercial secrets or infringe the professional secrecy, or would be contrary to the basic principles of its domestic legal system, it may refuse to provide entirely the assistance requested under this Agreement completely, or provide it partially, or provide it subject to certain conditions or requirements.

2.	If the Customs Authority of one Contracting Party requests assistance which it would not itself be able to provide to the Customs Authority of the other Contracting Party, it must mention this fact in the request. Compliance with such a request shall be considered in accordance with the legislation in force in the territory of the State of the Requested Contracting Party.

3.	If the assistance is refused, the decision and the reason for the refusal must be notified in a written form to the Requesting Customs Authority without delay.

Article 19
E X P E N S E S

1.	The Customs Authorities of the Contracting Parties shall waive all claims for reimbursement of expenses incurred in the execution of this Agreement, except for expenses incurred in respect of the experts and witnesses, and expenses of interpreters and translators other than government employees.

2.	If expenses of a substantial and extraordinary nature are or will be required to execute the request, the Customs Authorities shall agree 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 20

I M P L E M E N T A T I O N 

1.	Implementation of this Agreement shall be entrusted to the Customs Authorities of the Contracting Parties. Those Authorities shall mutually agree on detailed arrangements for that purpose.

2.	The Customs Authorities of the Contracting Parties may arrange for their enforcement services to be in direct communication with each other. 

Article 21

T E R R I T O R I A L   A P P L I C A B I L I T Y

This Agreement shall be applicable in the customs territory of the Slovak Republic and in the customs territory of the Republic of Albania.

Article 22

E N T R Y   I N T O   F O R C E   A N D   T E R M I N A T I O N

1.	This Agreement shall be approved by the Contracting Parties in accordance with their national legislation and shall enter into force sixty days after the Contracting Parties notify one another by written notice through diplomatic channels that all necessary national legal requirements for its entry into force have been fulfilled.

2.	This Agreement is concluded for an unlimited duration. This Agreement may be terminated by written notice by either Contracting Parties through diplomatic channels and shall cease to be in force three months after such notice has been received by the other Contracting Party.

3.	Ongoing proceedings at the time of termination shall nonetheless be completed in accordance with  the provisions of this Agreement.

4.	This Agreement can be amended on the basis on mutual agreement of the Contracting Parties. Amendments shall be done in writing.  

5.	As soon as this Agreement enters into force in the relations between the Slovak Republic and the Republic of Albania, the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the People´s Republic of Albania an cooperation and mutual assistance in customs matters, signed in Tirana on 17th October 1960, shall cease to apply.

Done in Tirana on 16th December 2004 in two copies in the Slovak, Albanian and English languages, all texts being equally authentic. In case of divergence of interpretation, the English text shall prevail.

	            Jozef Gönzöl							Shpetim Idrizi

                  FOR THE GOVERNMENT                                                                                         FOR THE GOVERNMENT                                             
                OF THE SLOVAK REPUBLIC                                                                              OF THE REPUBLIC OF ALBANIA