您的瀏覽器不支援JavaScript功能,若網頁功能無法正常使用時,請開啟瀏覽器JavaScript狀態

全國法規資料庫

列印時間:111/07/05 12:06
:::

加入資料夾:

所有條文

法規名稱: CUSTOMS COOPERATION ARRANGEMENT BETWEEN THE TAIPEI ECONOMIC AND CULTURAL OFFICE IN NEW ZEALAND AND THE NEW ZEALAND COMMERCE AND INDUSTRY OFFICE
簽訂日期: 民國 103 年 12 月 05 日
生效日期: 民國 103 年 12 月 05 日
簽約國: 亞太地區 > 紐西蘭
附檔:
沿革:
1.Signed on December 05, 2014 Entered into force on December 05, 2014

 
The Taipei Economic and Cultural Office in New Zealand and the
New Zealand Commerce and Industry Office (hereinafter referred
to as “ the Participants ” ):

ACKNOWLEDGING:

the importance of cooperation between the Participants, in order
to prevent breaches of customs laws and for the protection of
the economic, fiscal, social, environmental and commercial
interests of their respective jurisdictions including ensuring
appropriate and efficient customs duty collection;

the importance of achieving a balance between compliance and
facilitation to ensure the free flow of legitimate trade and
travel;

their commitment to the objectives of the Customs Co-operation
Council, now known as the World Customs Organization (WCO), and
the vision and goals of the World Trade Organization and APEC;

the relevant instruments of the WCO, in particular the
Recommendation concerning mutual administrative assistance of 5
December 1953 and the Cyprus Declaration of June 2000; and

RECOGNISING:

that the revised International Convention on the Simplification
and Harmonization of Customs Procedures 2000 (Kyoto Convention)
provides an essential framework for modern, efficient customs
procedures, including the governing principles that commit
customs administrations to provide transparency and
predictability to all persons involved in international trade;

the Participants ’ desire to cooperate to the maximum extent
possible in taking action to prevent and detect
prohibited/restricted goods crossing their respective borders
and any other customs offences;

that close contact between the Participants is to their mutual
benefit;

the provisions of the WCO Framework of Standards to Secure and
Facilitate Global Trade;

that international trade will be facilitated by the adoption of
modern control methods, including risk management, by the
Participants;

that the global exchange of information is an essential
component of effective risk management and the exchange of such
information should be based on clear legal provisions;

the need for international cooperation to mitigate the threat of
terrorist activity to world supply chains and for efforts to
combat trans-border criminal activity;

Have reached the following understandings:

Implementing Authorities
1. The authorities implementing this Arrangement will be the
Taiwan Customs Administration and the New Zealand Customs
Service.

Definitions
2. for the purposes of this Cooperation Arrangement:

“customs administration” means:

In relation to Taiwan, the Customs Administration;

In relation to New Zealand, the New Zealand Customs Service.

“ customs laws ” means laws and regulations administered,
applied, or enforced by the customs administration in the
jurisdiction of a Participant.

“ customs offence ” means any breach or attempted breach of
customs laws.

“ information ” means any data, whether or not processed or
analysed, and documents, reports, and other communications in
any format, including electronic, certified or authenticated
copies.

“person” means both natural and legal persons.

“ personal data ” means all information relating to an
identified or identifiable natural person.

“ requested administration ” means the customs
administration from which assistance is requested.

“ requested jurisdiction ” means the jurisdiction in which
the requested administration is responsible for customs
matters.

“ requesting administration ” means the customs
administration which requests assistance.

“ requesting jurisdiction ” means the jurisdiction in which
the requesting administration is responsible for customs
matters.

Scope of Cooperation
3. The customs administrations have jointly decided that they
may cooperate within their capacity and in accordance with
the legislation of each Participant in order to:
(a) assist in the prevention, identification, investigation and
suppression of customs offences;
(b) secure the supply chain to facilitate the safe movement of
goods between Taiwan and New Zealand;
(c) cooperate in the research, development, testing and
evaluation of new customs procedures, and in the training
and exchange of personnel and provision of assistance;
(d) collaborate in the development of mutual recognition of
programmes under the WCO SAFE Framework; and
(e) maximise the contribution made by them to the work of the
WCO and other relevant international organisations, with
particular regard to the work of organisations in the
Asia-Pacific region, in improving customs techniques and in
resolving problems of customs procedures, customs
enforcement and the facilitation of trade.

Enforcement
4. The customs administrations may assist each other in the
prevention, identification, investigation and prosecution of
customs offences in their respective jurisdictions, and for
the purpose of assessing customs duties and other taxes.

Exchange of Information
5. Information obtained under this Arrangement will be afforded
the same degree of confidentiality and protection by the
requesting administration that it applies to similar
information in its possession.

6. The requesting administration will not use or disclose
information provided except for the purposes of this
Arrangement, or otherwise with the written consent of the
requested administration. If either customs administration is
required or authorised by its domestic laws and regulations
to disclose information provided pursuant to this Arrangement
it will give notice of any such disclosure to the requested
customs administration and wherever possible in advance of
such disclosure.

7. In particular, personal data disclosed by the customs
administrations will only be used for the prevention,
detection, investigation, prosecution or punishment of
customs offences of any kind or of other offences punishable
by imprisonment.

8. The requested administration may decline to exchange personal
data if it is not satisfied that the information relates to
the suspected violation of the laws of either jurisdiction.

9. It is a condition of the disclosure of personal data by the
requested administration that the requesting administration
must only disclose this information to another domestic law
enforcement authority after notifying the requested
administration and the information must be disclosed for the
purpose of law enforcement. Personal data disclosed may not
be used in any legal proceeding without the prior written
consent of the requested administration.

10. Information should be promptly exchanged between the customs
administrations.

Information of the Application and Enforcement of Customs Law
11. The customs administrations may provide each other, either
on request or on their own initiative, with information
which helps to ensure the proper application of customs
laws, the prevention, identification, investigation and
suppression of customs offences and the security of the
international trade supply chain. Such information may
include:
(a) new law enforcement techniques which have proved their
effectiveness;
(b) new trends, means or methods of committing customs
offences;
(c) goods known to be the subject of customs offences, as well
as transport and storage methods used in respect of those
goods;
(d) persons known to have committed a customs offence or
suspected of being about to commit a customs offence; and
(e) any other information that can assist customs
administrations with risk assessment for control and
facilitation purposes.

12. On request, the requested administration may provide the
requesting administration with information on:
(a) whether goods imported into the territory of the requesting
jurisdiction have been lawfully exported from the territory
of the requested jurisdiction and the customs procedure, if
any, to which the goods have been subjected;
(b) whether goods exported from the territory of the requesting
jurisdiction have been lawfully imported into the territory
of the requested jurisdiction, and the customs procedure,
if any, to which the goods have been subjected.

Information for the Assessment of Customs Duties
13. On request, the requested administration may, without
prejudice to Paragraphs 3 and 4, in support of the proper
application of customs law or in the prevention of customs
offences provide information to assist the requesting
administration to verify the truth or accuracy of a
declaration.

14. The request will specify the verification procedures that
the requesting administration has undertaken or attempted
and the specific information requested.

Information Relating to Customs Offences
15. Each customs administration may, on request or on its own
initiative, provide the other customs administration with
information on activities, planned, ongoing, or completed,
which present reasonable grounds to believe that a customs
offence may have been committed or may be committed in the
territory of the other jurisdiction.

Electronic Exchange of Information
16. The customs administrations may, by mutual arrangement in
accordance with Paragraphs 3 to 5, exchange any information
covered by this Arrangement electronically.

Particular Information Requirements
17. In particular, the customs administrations may provide each
other, either on request or on their own initiative, with
information relating to:
(a) the illicit or suspicious movement of goods or persons to
Taiwan or New Zealand;
(b) trans-national crime relevant to the application of the
customs law of Taiwan or New Zealand, including the
trafficking in drugs, their derivatives and precursor
chemicals; and
(c) interdictions of goods traded between Taiwan and New
Zealand that are found to be in breach of customs laws.

Exchange of Personnel
18. The exchange of personnel may be arranged for the purpose of
advancing the mutual understanding of the customs
administrations ’ techniques and procedures, and when
carrying out any common/joint activities.

Other Joint Activities
19. The customs administrations may establish joint working
groups to work cooperatively on matters of common interest.

Provision of Assistance
20. Any assistance, which includes the exchange of information,
exchange of personnel, enforcement of assistance, and other
forms of joint activity, provided by the customs
administrations under this Arrangement will be provided in
accordance with legislation, and within the limits of each
customs administration ’ s competence and available
resources.

21. Requests pursuant to this Arrangement will be made in
writing directly between contact points designated by the
respective customs administrations and will be accompanied
by any information deemed useful for the purpose of
complying with such requests. In urgent situations, oral
requests may be made and accepted, but will be promptly
confirmed in writing within five working days of the date of
the original request by the requesting administration ’ s
designated contact point listed at Annex to this
Arrangement.

22. Any written request will state:
(a) the branch of the requesting administration that is
responsible for conducting the investigation, legal
proceedings, or for any other action which will be
initiated as a result of the assistance provided;
(b) the assistance requested;
(c) the reason why assistance is requested; and
(d) the date by which the assistance is requested.

23. Any request for assistance will be acknowledged by the
requested administration within five working days of the
date of receipt of the written request. Thereafter, the
requested administration will regularly inform the
requesting administration of its progress towards satisfying
the request. If the requested administration is unable to
assist, or assist within the period specified in the
request, it will inform the requesting administration of
this fact, the reasons for the denial or delay, and in the
case of delay, when the assistance is likely to be provided.

24. Where the requesting administration requests assistance that
it could not reciprocate, then this fact will be drawn to
the attention of the requested administration. The response
to such a request will be at the discretion of the requested
administration.

25. If the requested administration is not the appropriate
authority to assist in the circumstances, it will:
(a) transmit the request to the appropriate authority, and
advise the requesting administration of this fact; or
(b) inform the requesting administration as to which authority
should receive the request.

26. Where the requested administration believes that the
provision of assistance to the requesting administration
would be detrimental to the security or public policy of the
requested jurisdiction or contrary to its laws or other
important interests, the requested administration may either
decline to provide assistance in whole or part, or may
stipulate that the provision of assistance is conditional
upon the satisfaction of certain conditions by the
requesting administration.

Contact Points and Costs Incurred
27. The customs administrations will designate contact points
for the purposes of the Arrangement. Contact details for the
respective contact points are listed in Annex to this
Arrangement.

28. In the absence of any decision to the contrary, the
requesting administration will meet the necessary expenses
involved in responding to that request other than staff
costs, stationery and communications.

29. Expenses incurred in the provision of technical cooperation
through the exchange of personnel will be subject to special
arrangements jointly decided between the Participants.

Differences
30. Any differences concerning the implementation of this
Arrangement will be resolved by consultation between the
Participants.

Entry into Effect, Amendment and Duration
31. This Arrangement will come into effect on the date of
signature and may be amended at any time by the mutual
written consent of the Participants.

32. This Arrangement will remain in operation until terminated
by either Participant, giving three months ’ written notice
to the other Participant.


Signed at Taipei on the 5th day of December 2014 in duplicate in
the Chinese and English languages, both texts being equally
authentic.


Taipei Economic and New Zealand
Cultural Office Commerce and
in New Zealand Industry Office
__________________ __________________
Chien Kuo David Wu Si’alei van Toor
Representative Director
資料來源:全國法規資料庫