A G R E E M E N T

BETWEEN THE GOVERNMENT OF THE SLOVAK REPUBLIC 
AND THE GOVERNMENT OF ROMANIA
ON CO – OPERATION AND MUTUAL ASSISTANCE IN CUSTOMS MATTERS

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

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,

Considering the need for concerted actions in combating illegal trafficking in narcotic drugs and psychotropic substances,

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,

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,

Having regard to the existing friendly relations between Slovak Republic and Romania,

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 done in New York on 30 March 1961, amended by the Protocol of 1972 and the Convention on Psychotropic Substances done in Vienna on 21 February 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 done in Vienna on 20 December  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 legislation" shall mean provisions laid down by law or regulations of the States of the two 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,

b)	"Offence" shall mean any violation of Customs legislation as well as any attempted violation of  such legislation,

c)	“ Customs Authority” shall mean in the Slovak Republic the Customs Directorate of the Slovak Republic and in Romania the National Customs Authority subordinated to the National Control Authority,  

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)	“Controlled delivery” shall mean the technique of allowing illicit or suspect consignment of narcotic drugs, psychotropic substances and precursors, or substances substituted for them and endangered species of wild flora and fauna, 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,

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

h)	 “Personal Data” shall mean information concerning an identified or identifiable natural person  or legal person,

i)	“Person” shall mean any natural person or legal person.

Article 2

SCOPE OF AGREEMENT

1.	The Contracting Parties shall through their 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, investigate and combat offences against customs legislation,

e)	in cases concerning delivery/notification 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 domestic legislation 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 relevant international conventions or agreements.

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
A N D   M E A N S   O F   T R A N S P O R T

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

a)	movement of persons, known to have committed a customs offence in the territory of the State of the requesting Contracting Party, or suspected of doing so, particularly those moving into and out of the territory of the State of the requested 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)	places known or suspected to be 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 endangered species of wild fauna and flora,

c)	traffic of weapons, ammunitions, explosives,

d)	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,

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

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

g)  traffic of goods subject to high customs duties, taxes or charges, in particular the movement of alcoholic beverages and tobacco products.

Article 5

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

1.	In accordance with their domestic 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 States of the Contracting Parties take into account financial arrangements and understandings in force for the two Contracting Parties. 
3.	Illicit consignments whose controlled delivery is agreed to, may, by mutual consent of the competent authorities of the States of the Contracting Parties, be intercepted and allowed to continue their itinerary 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.

Article 6

 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

1.	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.

2.	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, if any, 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, providing also information on any customs control measures to which the goods have been subjected.

3.	The Customs Authority of one Contracting Party shall, on its 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)	natural persons or legal 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.

4.	If the requested Customs Authority does not have the requested information, it will take the necessary measures to get that information within the limits of its competence and available resources in accordance with the legislation in force in its territory and shall seek the information as if it was acting on its own behalf. 

5.	The Customs Authority of one of the Contracting Parties shall, on its own initiative or upon request, provide the Customs Authority of the other Contracting Party with the information, including reports, records of evidence and certified copies of documents, giving all available information on activities, carried out or intended, which constitute or may constitute an offence against the customs legislation in force in the territory of the State of that Contracting Party. 

6.	Upon request of one of the Customs Authorities of the Contracting Parties, copies of files, documents, and other materials shall be appropriately certified. The Customs Authorities of the Contracting Parties shall request originals of information, including files and documents only in cases where certified copies would be insufficient. Originals of information, including files and documents which have been provided, shall be returned at the earliest opportunity.

7.	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 7

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 requests. 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 on the natural persons or legal 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 official language of the state of the requested Contracting Party, 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 8

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 seem 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 the 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.	Upon request, the requested Customs Authority may, in specific cases, allow officials of the requesting Customs Authority to be present in the territory of the State of the 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 the concerted action may be taken. 

6.	Officials of the requesting Customs Authority, authorised to investigate offences, may ask that the requested Customs Authority examine relevant books, registers, and other documents or data media and supply certified copies thereof, as well as any information relating to the respective 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.

Article 9

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

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.

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.	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. 

5.	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.  

6.	Without prejudice to Articles 9 and 10, 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 Contracting Parties of any information obtained in customs matters, which could be of Community interest.

Article 10
P E R S O N A L   D A T A   P R O T E C T I O N

Personal data communicated under this Agreement shall be used only for the purposes referred to in the assistance request. Communication of personal data may be subject to certain conditions determined by the requested Customs Authority. The personal data shall be treated in a confidential manner and will be protected in accordance with the legislation in force in the territory of the State of the Contracting Party whose Customs Authority received them.

Article 11

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

The requested Customs Authority shall, in accordance with the domestic legislation in force in the territory of the State of the requested Contracting Party, deliver or notify to the natural persons or legal persons concerned, residing or established in the territory of its state, all documents and decisions falling within the scope of this Agreement,  issued by the requesting Customs Authority.

Article 12

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

1.	Upon 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 request for appearance of officials of the customs authority as experts and witnesses shall be made in accordance with the legislations in force in the territories of the States of the Contracting Parties.

3.	The request for the appearance must clearly indicate, in what case and in what qualification the officials of the customs authority are to appear.

4.	The requesting Customs Authority is duty bound to take all necessary measures for the protection of the personal security of officials of the customs authority during their stay in 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.

5.	The officials of the customs authority requested to appear as witnesses or experts have the right to refuse to give evidence or a statement, if such a right is mentioned in the domestic legislation of their State.

Article 13

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 its State, or would involve the violation of an industrial, commercial or professional secret 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, or provide it partially, or to 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 14
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 15

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 16

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 Romania.

Article 17

F I N A L   P R O V I S I O N S

1.	This Agreement shall enter into force thirty days after the date of the last notification by which the Contracting Parties inform each other 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 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 of mutual agreement of the Contracting Parties. Amendments shall be done in writing and shall enter into force according to the procedure mentioned in paragraph (1) of this Article.  

Done in Bratislava on 16 November 2004 in two original copies in the Slovak, Romanian and English languages, all texts being equally authentic. In case of divergence of interpretation, the English text shall prevail.

                  FOR THE GOVERNMENT                                                                                         FOR THE GOVERNMENT                                             
                OF THE SLOVAK REPUBLIC                                                                                             OF ROMANIA