AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF LATVIA AND THE GOVERNMENT OF THE REPUBLIC OF TURKEY ON CO-OPERATION AND MUTUAL ASSISTANCE IN CUSTOMS MATTERS

The Government of the Republic of Latvia and the Government of the Republic of Turkey hereinafter referred to as the "Parties";

Considering that offences against customs legislation are prejudicial to the economic, commercial, fiscal, social and cultural interests of their respective States;

Considering the importance of assuring the accurate assessment and collection of customs duties, taxes and other charges and fees on the importation or exportation of goods, as well as the proper implementation of provisions of prohibitions, restrictions and control;

Considering that efforts to prevent offences against customs legislation and efforts to ensure accurate collection of import and export duties, taxes and any other charges may be rendered more effective through co-operation between the Customs Administrations of the Parties;

Concerned at the scales and growth tendencies of the illicit traffic of narcotic drugs and psychotropic substances and considering that it constitutes a danger to public health and the society;

Having regard to international instruments promoting bilateral mutual assistance, and in particular the Recommendations of the Customs Co-operation Council of 5 December 1953;

Having regard also to the provisions of the Single Convention on Narcotic Drugs (New York, 30 March 1961), the Convention on Psychotropic substances (Vienna, 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 (Vienna, 19 December 1988),

have agreed, as follows:

Article 1

Definitions

For the purposes of this Agreement:

a) "Customs legislation" shall mean all the legal and administrative provisions concerning the importation, exportation, transit of goods or any other customs procedures including:

i) the collection, guaranteeing or repayment of customs duties, taxes and other charges;

ii) measures of prohibition, restriction or control enforced by the Customs Administrations;

b) "Customs duties and taxes" shall mean customs duties and all other duties, taxes, fees or other charges which are collected on or in connection with the importation or exportation of goods but not including fees and charges which are limited in amount to the approximate cost of services rendered;

c) "Customs offence " shall mean any violation or attempted violation of customs legislation;

d) "Narcotic drugs" shall mean any substance of natural or synthetic origin, enumerated on the List I and List II of the 1961 Single Convention on Narcotic Drugs;

e) "Psychotropic substances" shall mean any substance of natural or synthetic origin, enumerated on the Lists I, II, III and IV of the 1971 LTN Convention obn Psychotropic Substances;

f) "Precursors" shall mean controlled chemical substances used in the production of narcotic drugs and psychotropic substances, enumerated in the Lists I and II of the 1988 UN Convention against the Illicit TraffiFc in Narcotic Drugs and Psychotropic Substances;

g) "Customs Administration" shall mean for the Republic of Latvia, the State Revenue Service National Customs Board, for the Republic of Turkey, the Prime Ministry Undersecretariat for Customs;

h) "Requesting Customs Administration" shall mean the Customs Administration that makes a request for assistance under this Agreement;

i) "Requested Customs Administration" shall mean the Customs Administration that receives a request for assistance under this Agreement;

j) "Information" shall mean, interalia, reports, records, documents and documentation, whether computerised or not, as well as authentic copies thereof or other communication;

k) "Controlled delivery" shall mean the method which allows the passage into the territory of each Party of goods known or suspected to be subject of illicit traffic, under the control of the competent authorities of the Parties, with a view to identify persons involved in committing offences;

l) "Person" shall mean a natural or legal person.

Article 2

Scope of the Agreement

1. All assistance under the present Agreement by either Party will be performed in accordance with its domestic legislation and within the competence and available resources of the Customs Administrations.

2. The Customs Administrations of the Parties shall co-operate and assist each other in the prevention, investigation and combating of customs offences in accordance with the provisions of the present Agreement.

3. This Agreement does not provide for the recovery of customs duties, taxes and any other changes.

Article 3

Scope of Assistance

l. At the request of the Customs Administration of a Party, the Customs Administration of the other Party shall communicate all available information which may help in ensuring the enforcement of customs legislation, including:

a) to ensure the proper assessment of customs duties and taxes;

b) accurate assessment of the customs value of goods;

c) to determine the tariff classification and the origin of goods.

2. Assistance, as provided in this Agreement, shall include, but not be limited to information related to:

a) enforcement actions that might be useful in preventing offences. and, in particular, special means of combating offences;

b) new methods used in committing offences;

c) observations and findings resulting from the successful application of new enforcement aids and techniques; and

d) techniques and improved methods of processing passengers and cargo.

Article 4

Exchange of Information and Documents

1. Each Customs Administration will supply to the other, either on request or on its own initiative, all available information and intelligence which may help to ensure proper enforcement of customs legislation and the prevention, investigation and combating of customs offences.

2. Upon request of a Customs Administration of a Party, the Customs Administration of the other Party shall provide the copies of the customs and shipment documents, certified copies thereof if requested, information on actions, carried out or intended, which constitute or may constitute an offence against the customs legislation in force in the requesting Party.

3. Upon request of the Customs Administration of a party, the Customs Administration of the other Party shall communicate information concerning the authenticity of official documents produced in support of a declaration made to the Customs Administration of the requesting Party.

Article 5

l. Upon request of the Customs Administration of a Party, the Customs Administration of the other Party shall communicate information concerning the following matters:

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

b) whether goods exported .from the territory of the requesting Party have been lawfully imported into the territory of the requested Party.

2. Such information shall also specify the customs procedures used for clearing the goods.

Article 6

l. If the Customs Administration of the requested Party does not have the requested information, it shall take steps to obtain such information, as if it were acting on its own behalf and in compliance with the legislation in force in its territory.

2. If the Customs Administration of the requesting Party would be unable to comply if a similar request was made by the requested Party, it shall draw attention to that fact in its request. Compliance with such a request shall then be at the discretion of the Customs Administration of the requested Party.

Article 7

1. Originals of documents shall only be requested in cases where certified or authenticated copies would be insufficient. The originals provided shall be returned as soon as possible.

2. The requested information may be transmitted in a computer based form, unless the requesting Party specifically requests originals or copies. When computer based information is provided, it shall contain explanations necessary for the interpretation and use of this information.

Article 8

Special Instances of Assistance

Each customs administration will on its own initiative or upon request, under the term of its legislation and in accordance with its administrative practices, maintain special surveillance over:

a) the movements and, in particular, the entry into and exit from its territory, of persons suspected of being occasional or habitual offenders of the customs legislation of the requesting Party;

b) suspected movements of goods notified by the requesting administration as giving rise to substantial illicit trade in that Party;

c) places used for storing goods which may be used for committing customs offences in connection with substantial illicit trade in the requesting Party;

d) means of transport known to be or suspected of being used for committing customs offences.

The results of such surveillance will be communicated to the other Customs Administration.

Article 9

Information on Illicit Traffic of Sensitive Goods

1. The Customs Administrations shall, on their own initiative or upon request, provide each other with all relevant information on any action, intended or carried out, which constitute or may constitute an offence against the customs legislation of a contracting Party, concerning illicit traffic of:

a) weapons, missiles, explosive and nuclear materials,

b) works of art of significant historical, cultural or archaeological value;

c) narcotic drugs, psychotropic substances, precursors and poisonous substances, as well as of substances dangerous for the environment and public health.

2. Information received under this Article might be transferred to the relevant governmental departments of the requesting Party. However, they shall not be transferred to third countries.

Article 10

Communication of the Requests

1. Co-operation and assistance laid down in this Agreement shall be exchanged directly between the Customs Administrations. The Customs Administrations shall mutually agree on the documentation for that purpose.

2. Requests, pursuant to the present Agreement shall be made in a written form and accompanied by documents deemed useful. In exceptional cases, requests may be made orally but shall be promptly confirmed in writing.

3. Requests under Paragraph (1) of this Article shall include the following details:

a) the name of Customs Administration making the request;

b) the measures requested, if any;

c) the subject of and reason for the request;

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

e) information on the natural and legal persons involved in the

investigation;

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

4. Requests shall be submitted in the official language of the requested Party or in English.

5. For the purposes of this Agreement, the Customs Administrations of the Parties shall designate the officials responsible for communications and shall exchange a list indicating the names, titles, telephone, e-mail addresses and fax numbers of those officials. They may also arrange for their investigative divisions to be in direct contact with one another.

Article 11

Customs Investigations

1. If the Customs Administration of one of the Parties so requests, the Customs Administration of the other Party shall initiate investigation of the operations which offend or may offend the customs legislation in force in the territory of the requesting Party. It shall bring the results of such investigation to the attention of the requesting Party.

2. These investigations shall be conducted under the legislation in force in the territory of the State of the requested Party. The requested Customs Administration shall proceed as if it were acting on its own behalf.

3. If the requested administration does not have the information requested, it will in accordance with its national legal and administrative provisions, either:

a) initiate enquires to obtain that information or;

b) promptly transmit the request to the appropriate agency, or;

c) indicate which relevant authorities are concerned.

4. In special cases, the officials of the Customs Administration of a Party with the consent of the Customs Administration of the other Party, may be present in the territory of the latter at investigations of offences of customs legislation of the requesting Party.

5. An official of the Customs Administration of the requesting Party present in the territory of the requested Party pursuant to the Paragraph (3) shall act in an advisory capacity only and shall under no circumstances actively participate in the investigation; neither shall meet with people being questioned nor take part in any investigative activity.

Article 12

Use of Information and Documents

l. Information and documents received under this Agreement may be used during the administrative, investigative and judicial proceedings. They shall be used solely for the purposes of this Agreement, except in cases where the Customs Administration of the supplying Party expressly approves in writing and the legislation governing the Customs Administration of the receiving Party allows such other use.

2. Any requests made and information or intelligence delivered in whatever form pursuant to this Agreement shall be of confidential nature. It shall be treated as confidential and will at least be subject to the same protection and confidentiality as the same kind of information or intelligence under the national legislation of the requesting Party.

Article 13

Experts and Witnesses

1. Upon request by the Customs Administration of one of the Parties, the Customs Administration of the other Party may authorise its officials to appear as experts or witnesses in judicial or administrative proceedings in the territory of the other Party and to provide files, documents or other materials or authenticated copies thereof, as may be considered essential for the proceedings.

2. The Customs Administration of the requesting Party is duty bound to take all necessary measures for the protection of the personal security of the officials during their stay in its territory, under Paragraph (1) of this Article. All the expenses of these officials shall be covered by the Customs Administration of the requesting Party.

Article 14

Exceptions from Assistance

1. If the requested administration considers that the assistance requested might be prejudicial to public policy or would infringe upon the sovereignty, security or other essential interests of that Party, or would violate the industrial, commercial or professional secrecy, or would be inconsistent with its national legislation, it may refuse to provide assistance or it may provide the assistance only if certain conditions are met.

2. If the assistance is refused, the reason for the refusal shall be notified in a written form to the requesting Party without delay.

Article 15

Technical Assistance

1. Upon request, the requested administration will provide all information about the customs legislation and procedures which are relevant to enquires relating to a customs offence;

2. The Customs Administrations, by a mutually agreed programme, shall provide each other technical assistance, including:

a) information and experience exchange in the use of technical equipment for control;

b) training of customs officials;

c) exchange of experts in customs matters;

d) exchange of specific, scientific and technical information related to the effective application of customs legislation;

e) new trends, means or methods of committing customs offences.

Article 16

Expenses

1. The Parties shall ordinarily waive all claims for reimbursement of costs incurred in the execution of the present Agreement, with the exception of expenses for witnesses, fees of experts, and costs of interpreters other than government employees.

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

3. Expenses incurred in the implementation of Article 15 of this Agreement shall be subject to additional negotiations between the Customs Administrations.

Article 17

Entry into Force and Termination

1. This Agreement shall enter into force on the thirtieth day following the day on which the Parties exchange the notes informing each other through diplomatic channels that the constitutional or internal requirements for the entry into force of this Agreement have been met.

2. This Agreement shall remain in force for an unspecified period of time. It shall be terminated three months from the date on which either Party shall have given written notice through diplomatic channels of its desire for the termination of this Agreement to the other Party. Ongoing proceedings at the time of termination shall nonetheless be completed in accordance with the provisions of this Agreement.

Done in Ankara on 5 May 2003 in three originals in the Latvian, Turkish and English languages, all texts being equally authentic. In case of divergencey of interpretation, the English text shall prevail.

 

FOR THE GOVERNMENT	FOR THE GOVERNMENT
OF THE REPUBLIC OF LATVIA	OF THE REPUBLIC OF TURKEY
IVARS PUNDURS	NEVZAT SAYGILIOGLU
Ambassador Extraordinary and	State Secretary of the
Plenipotentiary of the Republic	Prime Ministry Undersecretariat
of Latvia to the Republic of Turkey	for Customs