MEMORANDUMOF UNDERSTANDING BETWEEN THE CUSTOMS ADMINISTRATION OF THE REPUBLIC OF SERBIA AND THE CUSTOMS DIRECTORATE OF THE FEDERAL MINISTRY OF FINANCE OF THE REPUBLIC OF AUSTRIA ON COOPERATION OF CUSTOMS AUTHORITIES AT THE AIRPORTS "NIKOLA TESLA" - BELGRADE AND "VIENNA INTERNATIONAL AIRPORT" - VIENNA IN FIGHT AGAINST FRAUD("Off. Herald of RS - Treaties", No. 16/2015) |
The Customs Administration of the Republic of Serbia and the Customs Directorate of the Federal Ministry of Finance of the Republic of Austria (hereinafter referred to as the "Parties");
Considering that the customs offences harm the economic, fiscal, social, cultural and commercial interests of their countries;
Convinced that close cooperation and quick response of their customs authorities at the airports would make the fight against customs fraud more efficient;
Having regard to the Agreement between the Socialist Federal Republic of Yugoslavia and the Republic of Austria on administrative cooperation and mutual assistance in customs matters for the purpose of combating customs offences, signed on 15 March, 1978;
Having regard to Protocol 6 on Mutual administrative assistance in customs matters of the Stabilisation and Association Agreement between the European Communities and their Member States of the one part, and the Republic of Serbia, of the other part, signed in Luxembourg, on 29 April 2008;
Having regard to the Single Convention on Narcotic Drugs of March 30, 1961;
Having regard to the Convention on Psychotropic Substances of February 21, 1971;
Having regard to the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of December 19, 1988;
Have agreed as follows:
Article 1
The Parties agree that the customs authority at the airport "Nikola Tesla" - Belgrade and the customs office at the airport "Vienna International Airport" - Vienna shall mutually exchange, on their own initiative or upon request, all information relating to:
- Passengers who are suspected or are already known to be involved in illicit traffic of goods, especially tobacco products, counterfeit goods and narcotic drugs, all persons who are reasonably suspected of having committed customs offences, particularly to the movement of such persons;
- Movement of goods in breach or suspected to be in breach of customs legislation, including containers and aircrafts suspected or already known to be used in illicit traffic of goods, especially tobacco products, counterfeit goods and narcotic drugs
- Other issues related to customs offences related to transit, arrival/departure at one of the these two airports;
- Cross-border transportation of cash and other financial means such as gold, јewels and other precious metal;
- Procedures regarding import, export or transit of goods and which are contrary to the rules on prohibition or restriction that the Parties are obliged to apply;
- Methods of combating illicit traffic of goods, exchanging information and experience regarding the use of new equipment and procedures;
- New trends of fraud and methods of concealment used by smugglers.
Article 2
(1) The Parties shall take the necessary measures to facilitate the direct exchange of information as provided by this Memorandum of Understanding in accordance with the aforementioned Agreements. The competent authorities of the Parties shall exchange lists of contact points designated for this particular purpose. The lists shall be updated as often as necessary and at least once a year.
(2) Furthermore, the competent authorities of the Parties shall take the necessary measures in order to share their experiences in fight against fraud, including the organization of visits of their employees, accordingly to available resources.
Article 3
(1) Information received under this Memorandum of Understanding may be provided for use in all proceedings of the receiving Party, whether judicial or administrative, concerning the respective customs offence.
(2) Any information received under this Memorandum of Understanding will be treated as confidential and will at least be subject to the same protection and confidentiality as the same kind of information is subject to under the law of the customs administration where it is received.
Article 4
(1) This Memorandum of Understanding is to be undertaken on an ongoing basis and will come into effect on the date of signature. A Party may terminate this Memorandum of Understanding at any time by notification in writing in which case it shall be terminated after such notice has been received.
(2) Should any problem arise as to the implementation of this Memorandum, it shall be settled amicably, within the Parties.
(3) This Memorandum of Understanding is not intended to create legally binding obligations or supersede domestic laws.
Done at Belgrade, on 8th May 2015/Vienna, on 7th July 2015 in two originals, in the Serbian, German and English languages, with equal legal force. Should any dispute arise as to its interpretation, the English text shall prevail.
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Acting Director General |
Director General of the Customs |