Скачать презентацию CUSTOMS CO-OPERATION — mutual assistance Mutual Assistance Скачать презентацию CUSTOMS CO-OPERATION — mutual assistance Mutual Assistance

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CUSTOMS CO-OPERATION - mutual assistance CUSTOMS CO-OPERATION - mutual assistance

Mutual Assistance within the EU • First Pillar • Regulation 515/97 • CIS - Mutual Assistance within the EU • First Pillar • Regulation 515/97 • CIS - Regulation 515/97 • Amendment of Regulation 515/97 (proposal in the pipeline) • Third Pillar • Naples II Convention • CIS - Convention • FIDE-Protocol

Legal Assistance within the EU • Schengen provisions (Articles 48 -52 of the Schengen Legal Assistance within the EU • Schengen provisions (Articles 48 -52 of the Schengen Application Agreement) • EU-Convention on legal Assistance in penal matters of 2000 and Protocols

Mutual Assistance to third Countries in Customs Matters • EC-Agreements on mutual Assistance • Mutual Assistance to third Countries in Customs Matters • EC-Agreements on mutual Assistance • Bilateral Agreements between EUMembers and third Countries • EC-Protocols on mutual Assistance as • (legal) Assistance based on the part of Agreements respective on Association, Trade Convention of the Policy and others Council of Europe or within the WCOframework

EC-Model Agreement • Definitions (customs legislation, applicant authority, requested authority, personal data, operation in EC-Model Agreement • Definitions (customs legislation, applicant authority, requested authority, personal data, operation in breach of customs legislation) • Scope (to ensure the correct application of the customs legislation, no prejudice to assistance in criminal matters, but use of information if authorized, no recovery)

EC-Model Agreement • Assistance on request (import, export, special surveillance of persons, places where EC-Model Agreement • Assistance on request (import, export, special surveillance of persons, places where goods are stored, transported goods, means of transport) • Spontaneous Assistance (activities, new fraud methods and means, goods, persons, means of transport)

EC-Model Agreement • Delivery, Notification (documents, decisions) • Form and substance of requests (in EC-Model Agreement • Delivery, Notification (documents, decisions) • Form and substance of requests (in writing, neccessary informations, language, correction or completition) • Execution of requests (like acting on own account, inquiries, other authorities)

EC-Model Agreement • Execution of requests continued (in accordance with national law, presence of EC-Model Agreement • Execution of requests continued (in accordance with national law, presence of officials) • Form of communication (writing, computerized, original documents) • Exceptions from Assistance (souvereignty, public policy, commercial secret)

EC-Model Agreement • Exceptions from assistance continued (postponement, reciprocity of powers) • Information exchange EC-Model Agreement • Exceptions from assistance continued (postponement, reciprocity of powers) • Information exchange and confidentiality (official secrecy, protection of personal data, use of information before court, consent for other purposes) • Experts and witnesses (appearance)

EC-Model Agreement • Assistance expenses (no sharing) • Implementation (customs) • Other Agreements (not EC-Model Agreement • Assistance expenses (no sharing) • Implementation (customs) • Other Agreements (not affecting other obligations of the MS, complementarity, not affecting EC provisions (Reg 515/97) concerning EC-relevant information, precedence over bilateral Agreements)

EC-Agreements and Protocols • In force (examples): Andorra, Azerbaijan, Chile, Hongkong, Israel, Jordania, Moldova, EC-Agreements and Protocols • In force (examples): Andorra, Azerbaijan, Chile, Hongkong, Israel, Jordania, Moldova, Russia, South Africa, Ukraine • Initialled (examples): Belarus, Malta, Mexiko, Mercosur • no Agreement: Albania, Bosnia. Hercegowina, FYROM, Kosovo(? )

EC-Agreements and Protocols • full list: see OLAF document 4858/2001 -REV 3 • look EC-Agreements and Protocols • full list: see OLAF document 4858/2001 -REV 3 • look at the OLAF homepage • Contact points within EU are included in the OLAF document 4859/2001 -REV 3 • European Economic Area Protocol 11: Norway, Iceland Liechtenstein applicable for drugs also

Opportunities and Benefits of EC-Agreements • • many co-operation partners standard form common approach Opportunities and Benefits of EC-Agreements • • many co-operation partners standard form common approach use of information in penal procedures should be possible (when authorised) • correct application of customs law as a nearly worldwide effect

Opportunities and Benefits of bilateral Agreements • exact knowledge of the contracting partner • Opportunities and Benefits of bilateral Agreements • exact knowledge of the contracting partner • full use of information • larger scope possible (penal matters) • provisions can be adapted according to the national laws of the Contracting Parties • drugs, controlled deliveries included

Bilateral Agreements between EU Member States • Overruled by 515/97 (first pillar) • Overruled Bilateral Agreements between EU Member States • Overruled by 515/97 (first pillar) • Overruled by Naples II Convention (when ratified by all MS) • Exeption: Austrian-German Agreement concering recovery of customs duties going beyond the EC Directive 76/308

Problems with third Countries • 1. Switzerland: • restricted application of EC-Agreement • no Problems with third Countries • 1. Switzerland: • restricted application of EC-Agreement • no legal obligation by the Swiss law for enterprises to cooperate with customs • legal assistance only in cases of serious tax fraud (more than 6 month imprisonment) • EU-negotiation of an anti-fraud Agreement

Problems with third Countries • • • 2. Ex-Jugoslavia and other countries: Bosnia - Problems with third Countries • • • 2. Ex-Jugoslavia and other countries: Bosnia - more than one customs Kosovo - UN-mandate Albania still unclear situation of customs Moldovia - Transnistria Hongkong: documents only stored 1 year • Taiwan: no subject of international law

Other EC-Instruments • Origin and Preference Agreements (nearly worldwide verification procedures) • OLAF-Missions to Other EC-Instruments • Origin and Preference Agreements (nearly worldwide verification procedures) • OLAF-Missions to third countries: final instrument, problems to use it as evidence especially in penal procedures • MIS-mutual information System with Russia: Regulation 44/2003 (for beaf and meet export)

Special Bilateral Agreements • Information exchange between common customs offices and neighbouring offices (common Special Bilateral Agreements • Information exchange between common customs offices and neighbouring offices (common pass slip = Laufzettel, automatical import-export comparison) • Information exchange by a common border office for police and customs

International Customs Cooperation • WCO - Recommendation 1953 • WCO - Nairobi Convention • International Customs Cooperation • WCO - Recommendation 1953 • WCO - Nairobi Convention • SECI - cross border crime, Center in Bucharest with liaison officers • SECI-Members: Romania, Bulgaria, Greece, Turkey, Moldava, Hungary, Croatia, Slovenia, Bosnia-Herzegovina, Serbia and Montenegro, FYROM, Albania

Special Questions • Channel of Assistance (administrative legal) • Responsibility for legal assistance - Special Questions • Channel of Assistance (administrative legal) • Responsibility for legal assistance - it can be an administrative authority if so chosen (partly Austria, Finland for customs)

Special Questions • Schengen Channel: allows police--police -customs and opposite • Naples II Channel: Special Questions • Schengen Channel: allows police--police -customs and opposite • Naples II Channel: allows customs-customs -police and opposite • But look to the scope of these Conventions concerning the forms of fraud/crime covered by them

Naples II - Schengen • Illegal traffic (drugs, narcitics, weapons, explosives, dangerous and toxic Naples II - Schengen • Illegal traffic (drugs, narcitics, weapons, explosives, dangerous and toxic waste) • Illegal cross-border commercial trade in taxable goods • Any other trade in prohibited goods • Preventing and detecting criminal offences • Forgery of money, illicit traficking of narcotics, weapons, explosives, toxic and hazardous waste

Special Questions • Interpol Channel - what to do with it? This channel is Special Questions • Interpol Channel - what to do with it? This channel is often requested by Justice, but see again Naples II Article 3 para 2 • No legal base for customs to answer police • either customs assistance or legal assistance • Austrian solution: foreign police request should be sent by foreign customs

Special Questions • Liaison Officers - legal bases: • Naples II, Schengen and • Special Questions • Liaison Officers - legal bases: • Naples II, Schengen and • Council Decison of 27 February on common use of liaison officers of the enforcement authorities posted at third countries, OJ L 67/27 of 12. 3. 2003

Basic principles of L. O. • national laws and powers are not affected • Basic principles of L. O. • national laws and powers are not affected • Officer of an enforcement authority • collection and exchange of information • serious cross-border crime • list of L. O. (General Secretariate) • network of liaison officers • sharing of L. O. , assistance, seminars