This Procedure has been developed pursuant to Article 11.2 of Coast Guard Law to facilitate the coordination and liaison between the coast guard organizations and the customs to prevent smuggling activities at trading port, coastline, sea territory, river and non-trading port.
The cost guard organizations referred in the Procedure relate to Coast Guard Administration and its organizations under Executive Yuan; and the customs relates to Directorate General of Customs, the local customs offices, and their subordinate units of Ministry of Finance (MOF).
Operations to prevent smuggling activities at a trading port, along the coastline, on the sea territory, on the river and at a non-trading port shall be carried out by the following principles as described below:
1.The customs shall be in charge of any operation that taken place at a trading port (including the port area, the mooring location and the water territory in the vicinity).
2.The coast guard organizations shall be in charge of any operation taken place along the coastline, on the sea territory, on the river and at a non-trading port; and as the results of the operation together with the smuggling merchandise seized should be transferred to the customs for further process unless otherwise provided by the law.
While making the necessary disposition for any case discovered by the coast guard organization or the customs within the jurisdiction of the other party, the other party must be immediately notified.
Request of assistance between coast guard organizations and the customs shall be made in writing with the exception of an emergency. When the request is made in any form other than in writing, a later submittal of written information shall be followed.
For the purpose of smuggling prevention and investigation, the customs may request the support from coast guard organizations; and the coast guard organizations shall not reject the request unless provided with justified reason(s).
If any suspect is found in the course of carrying out its duties of smuggling investigation by the customs, or while the coast guard organizations acting as a supportive party, the suspect shall be immediately referred to the appropriate regulating authorities for further disposition.
A platform should be established and maintained by both of the coast guard organizations and customs in exchange of information and intelligence. Both parties shall maintain mutual contacts and share the resources, and notify each other in case of any emergency or major condition.
Coast Guard Administration of Executive Yuan shall supervise its organizations, in addition to plan in the development of mutual support and coordination with the customs.
To improve the coordination and liaison, coast guard organizations and the customs shall respectively appoint an appropriate agent each as the contact window, and may call for a regional meeting of coordination and liaison depending upon the practical needs of the region.
If and when necessarily, any other organization may be invited to present in the meeting.
Any request for completing a mission between coast guard organizations and the customs as provided by the law shall be made according to the applicable provisions set forth in Administrative Procedure Law. To facilitate carrying out the mission requested, an operation process flow may be developed.
Expenditures required by providing the support as requested either coast guard organizations or the customs must be paid by the budget prepared by the party in which the request was originally made.
Any failure to reach an agreement between the coast guard organizations and the customs in the course of duly performing their duties or requesting the support from the other party shall be referred to Coast Guard Administration, Executive Yuan and Ministry of Finance to negotiate and agree upon a solution.
This Procedure shall become operative on and after the date it is published.