20. člen BNOMPC

1. Sporazum se začasno uporablja od dneva podpisa in začne veljati prvi dan drugega meseca, ki sledi datumu, ko se pogodbenici med seboj obvestita z izmenjavo diplomatskih not, da so bile izpolnjene vse potrebne notranjepravne zahteve za začetek njegove veljavnosti. 2. Carinski organi pogodbenic soglašajo, da se sestanejo zaradi ponovnega pregleda sporazuma ali obravnave drugih carinskih zadev, ki bi lahko izhajale iz njihovega medsebojnega odnosa, na zahtevo enega od carinskih organov ali po petih letih od dneva začetka veljavnosti sporazuma, razen če se med seboj ne obvestijo, da tak pregled ali obravnava drugih carinskih zadev ni potreben. Pogodbenici lahko spremenita ali dopolnita ta sporazum na podlagi medsebojnega soglasja. 3. Ta sporazum velja nedoločen čas. Veljati preneha šest mesecev od dneva, ko ena pogodbenica drugo pogodbenico po diplomatski poti pisno obvesti o želji, da prekine ta sporazum. DA BI TO POTRDILA, sta podpisana, ki sta ju pravilno pooblastili njuni vladi, podpisala ta sporazum. Sklenjeno v Oslu dne 25. februarja 2000 v dveh izvirnikih v slovenskem, norveškem in angleškem jeziku, pri čemer so vsa tri besedila enako verodostojna. Pri razlikah v razlagi je odločilno angleško besedilo. Za Vlado Republike Slovenije Franc Košir l.r. Za Vlado Kraljevine Norveške Marit Wiig l.r. The Government of the Republic of Slovenia and the Government of the Kingdom of Norway, hereinafter referred to as the Contracting Parties, Considering that offences against Customs Legislation are prejudicial to the economic, fiscal, public health and commercial interests of their respective countries, Considering the importance of assuring the accurate assessment of customs duties and other taxes collected on the importation or exportation of goods, as well as proper implementation of provisions relating to prohibition, restriction and control, Convinced that action against customs offences can be made more effective by cooperation between their Customs Authorities, Bearing in mind the existing friendly relations between Slovenia and Norway, Wishing to enhance and supplement the present mutual assistance between the Contracting Parties, Having regard to the Recommendation of the Customs Co-operation Council on Mutual Administrative Assistance of December 5, 1953, Have agreed as follows: For the purposes of this Agreement: a) “Customs Legislation“ shall mean laws and regulations enforced by the Customs Authorities concerning the importation, exportation, and transit of goods and any other procedure relating to assessment of customs duties, charges and other controls in respect of the movement of goods across national boundaries; b) “Customs Authority“ shall mean in Slovenia, the Ministry of Finance – Customs Administration of the Republic of Slovenia (Ministrstvo za finance – Carinska uprava Republike Slovenije) and in Norway, the Directorate of Customs and Excise (Toll- og avgiftsdirektoratet); c) “Offence“ shall mean any violation of Customs Legislation as well as any attempted violation of such legislation; d) “Customs Duties“ shall mean all duties, taxes, fees or other charges which are levied and collected in application of Customs Legislation; e) “Applicant Authority“ shall mean the competent Customs Authority of a Contracting Party which makes a request for assistance in customs matters; f) “ Requested Authority“ shall mean the competent Customs Authority of a Contracting Party which receives a request for assistance in customs matters; g) “Personal Data“ shall mean all information relating to an identified or identifiable person. 1. The Contracting Parties shall through their Customs Authorities, in accordance with their national legislation and the provisions of this Agreement assist each other: a) in order to ensure that Customs Legislation is correctly applied, in particular by the prevention, investigation and detection of Offences of this legislation; b) by exchange of information to be used in assessment of Customs Duties and administering and enforcing the Customs Legislation. 2. Assistance as provided for in this Agreement, shall be proceeded in accordance with national legislation and in the areas within the jurisdiction of the Requested Authority and within the limits of its competence and available resources. If necessary, the Requested Authority can arrange for assistance to be provided for by another competent authority in accordance with national legislation. 1. Assistance shall be carried out in direct communication between the Customs Administration of the Republic of Slovenia in Slovenia and the Directorate of Customs and Excise in Norway. 2. The Customs Authorities shall, on their own initiative, or upon request, furnish each other with all relevant information regarding activities which may result in Offences within the territory of the other Contracting Party. 1. At request the Customs Authorities shall provide each other with all relevant information which may facilitate: a) the assessment of Customs Duties and exact determination of customs value and tariff classification of goods; b) the implementation of import and export prohibitions and restrictions; c) the identification of transportation and shipment of goods showing value, disposition and destination. The Customs Authorities shall at their own initiative or upon request supply the Applicant Authority with all relevant information relating to operations which are or may be in breach of their Customs Legislation, particularly information pertaining to: a) natural or legal persons known or suspected of committing Offences of the Customs Legislation; b) new means or methods in carrying out such operations; c) goods or movements of goods known to be subject to breaches of the Customs Legislation; d) means of transport for which there are grounds for believing that they have been, are or may be used in operations in breach of the Customs Legislation. At request the Customs Authorities shall inform one another whether: a) goods imported into the customs territory of a Contracting Party have been exported from the customs territory of the other Contracting Party in accordance with the Customs Legislation; b) goods exported from the customs territory of a Contracting Party have been imported into the customs territory of the other Contracting Party in accordance with the Customs Legislation, specifying, where appropriate, the customs procedure applied to the goods. 1. The Customs Authorities shall at their own initiative or at request communicate all available information concerning the results of enquiries. 2. If the Requested Authority does not possess the requested information, it shall proceed in accordance with national legislation in order to obtain such information. At request of the Applicant Authority, the Requested Authority shall, in accordance with its legislation, take all necessary measures in order to deliver all documents and notify all decisions falling within the scope of this Agreement to natural or legal persons concerned residing or established in its territory. The Customs Authorities of the Contracting Parties shall on their own initiative or on request maintain surveillance of: a) natural persons moving within and in particular entering and leaving the customs territory when there are grounds for believing that they are or have been in breach of Customs Legislation; b) legal persons of whom there are grounds for believing that they have been, are or may be used in breach of Customs Legislation; c) any means of transport for which there are grounds for believing that they have been, are or may be used in operations in breach of Customs Legislation; d) movements of goods into or out of its customs territory notified as possibly giving rise to breaches of Customs Legislation. 1. At request of the Applicant Authority, the Requested Authority shall initiate all official inquiries concerning operations which are or appear to be an Offence to the Customs Legislation. The results of such inquiries shall be communicated to the Applicant Authority. 2. The Requested Authority may upon specific request give its consent to that officials from the Applicant Authority may be present during the process of the action to be taken. 3. When in the circumstances provided for by this Agreement, representatives of one of the Contracting Parties are present in the territory of the other Contracting Party, they must at all times be able to furnish proof of their official capacity. They must not be in uniform or carry arms. 1. Requests pursuant to this Agreement shall be made in writing. Information or documents necessary for the execution of such requests shall accompany the request. Oral requests may be accepted, but must be confirmed in writing as soon as possible. 2. Requests pursuant to paragraph 1 of this article shall include the following information: a) the Customs Authority making the request; b) the measure requested; c) the object of and the reason for the request; d) a short description of the offences, the legislation and other legal elements involved; e) indications as exact and comprehensive as possible on the natural or legal persons who are the target of the investigation; f) a summary of the relevant facts and of the enquiries already carried out. 3. All communication between the Customs Authorities shall take place in the English language. Information, documents and other communication between the Customs Authorities shall, in addition to being transmitted in the original language, be translated into English or a language acceptable to the receiving Customs Authority. 4. If a request does not meet the formal requirements, its correction or completion may be requested; however, this must not delay any measures which must be taken immediately. 5. Information provided for in this Agreement may be replaced by electronic information produced in any form for the same purpose. All relevant material or data required for the interpretation or application of the information shall also be supplied. Original files and documents shall be requested only in cases where certified copies would be insufficient. Originals which have been transmitted shall be returned at the earliest opportunity. 1. Information obtained shall be used solely for the purposes of this Agreement, and may be used for other purposes only with the prior written consent of the Customs Authority which furnished the information. 2. Any information communicated in whatever form pursuant to this Agreement shall be of a confidential or restricted nature. It shall be covered by the obligation of official secrecy and shall enjoy the protection extended to similar information under the relevant laws of the Contracting Party which received it. 3. The Customs Authorities may, in accordance with the purposes and provisions of this Agreement, use the information obtained and documents consulted in their reports, testimonies and records of evidence in judicial or administrative proceedings. 1. Personal Data obtained shall be used solely for the purposes and subject to the conditions stated by the Requested Authority. The Requested Authority may state additional restrictions concerning the use of Personal Data if the planned use would threaten the protection of the Personal Data of the registered persons, or in any other way create any conflict with the national legislation in force in the territory of the State of the requested Contracting Party. 2. At request of the party which supplied the information the recipient party shall account for and report the use of that information. 3. Personal Data may be provided only to authorities of law enforcement. Such information can be forwarded to other authorities only in possession of the prior consent of the providing authority. 4. The providing authority must ensure the validity and correctness of the information to be transferred. If the supplier finds that either incorrect or restricted Personal Data have been transferred, he must inform the recipient immediately. The recipient of the information must implement the correction of the information or destroy, erase or return the Personal Data if necessary. 5. Incorrect or incomplete data, or data which are of no importance, shall be corrected or erased on the parties own initiative or at request. Personal Data shall be deleted when the need for their use cease to exist. 6. Personal Data shall be registered in an authorized register and effectively be protected against publication, modification, destruction, damage and unauthorised access. At request the Customs Authorities may authorize its officials, within the limitations of the authorization granted, to appear as witnesses or experts in judicial, or administrative proceedings in respect of the matters covered by this Agreement in the jurisdiction of the Contracting Party, and produce such objects, documents or authenticated copies thereof, as may be needed for the proceedings. The request for an appearance must indicate specifically on what matter and by virtue of what title or qualification the official will be questioned. 1. If compliance with a request for assistance is considered to infringe upon the sovereignty, security, public policy or other essential interests of a party, or involve violation of an industrial, commercial or professional secret, assistance may be refused, provided partly or provided subject to certain conditions or requirements. 2. If a request for assistance cannot be complied with, the Applicant Authority shall be notified without delay and shall be informed of the reasons for the refusal to provide assistance. 3. If the Applicant Authority requests assistance which itself would be unable to provide if so asked, it shall draw attention to that fact in the request. The Requested Authority shall decide how to respond to such a request. The Contracting Parties shall waive all claims on each other for the reimbursement of expenses incurred pursuant to this Agreement, except, as appropriate, for expenses to experts and witnesses and to interpreters and translators who are not public service employees. The provisions of this Agreement shall be effective within the customs territories of the Contracting Parties. The application of this Agreement shall be entrusted to the central Customs Authorities of the Contracting Parties. They shall decide on all practical measures and arrangements necessary for the application of the Agreement. 1. This Agreement shall apply provisionally from the date of its signing and shall enter into force on the first day of the second month following the date on which the Contracting Parties notify one another by an exchange of diplomatic notes that all necessary national legal requirements for its entry into force have been fulfilled. 2. The Customs Authorities of the Contracting Parties agree to meet in order to review this Agreement or to discuss any other customs matters which may arise out of the relationship between them upon the request of one of the Customs Authorities or at the end of five years from the date of its entry into force, unless they notify one another in writing that no such review or discussion about other customs matters is necessary. The Contracting Parties may revise or amend this Agreement by mutual consent. 3. This Agreement shall remain in force indefinitely. It shall be terminated six months from the date on which either Contracting Party shall have given written notice through diplomatic channels to the other Contracting Party of its desire for the termination of this Agreement. IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective governments, have signed this Agreement. Done at Oslo on 25 February 2000 in two originals in the Slovene, Norwegian, and English languages, all texts being equally authentic. In the event of any divergence of interpretation, the English text shall prevail. For the Government of the Republic of Slovenia Franc Košir, (s) For the Government of the Kingdom of Norway Marit Wiig, (s)