AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF CHINA AND THE GOVERNMENT OF THE REPUBLIC OF MACEDONIA REGARDING MUTUAL ASSISTANCE IN CUSTOMS MATTERS-1

The Goverment of the Republic of China, and the Government of t-he Republic of Macedonia, hereinafter referred to as the “Contr-acting Parties”.Considering That the offences against Costoms laws are prejudic-al to theri economic, fiscal, social,and commercial interests oftheir respective countries;Recognizing the need for internatonal co-operation in matters r-elated to the application adn enforcement of Customs laws;Convinced that action against custms offences can be made moreeffective by cooperation between their Customs Authorities;Considering the need for simplification of processing passengersand cargo;Having regard to the Recommendation of the Cusoms Co-opeation C-ouncil on mutual Administrative Assistance of December 5, 1953;have agreed as foolows:Article 1DefinitionsFor the purposes of this Agreement:1.The term “Customs laws” shall mean such laws and regulations enforced or administered by the Customs Authorities concering- in the importation. exportation or transit of goods as they r- elate to Customs duties. including measures of prohibition. r- estriction and contral in respect of the movement of goods ac- ross national boundaries;2.The term “Customs offence” sahll mean any violation., or atte- mpted violation. of Customs laws:3.The term “Customs duties” shall mean all duties, taxes, fees and /or other charges levied and collected in the territories of the Contracting Parties in application of customs laws. in connection with the importation or exportation of goods. but not including the fees and charges which are limited in amount to the approximate costs of the services rendered;4.The term “Customs Authorities” shall mean in the Republic of China. Department of Customs Administration and directorate G- eneral of Customs of the Republic of China and in the Republic of Macedonia, Customs Administration of the Republic of Maced- onia.Article 2Scope of the Agreement1.All assistance under the present Agreement by either Contrac- ting party will be rendered in accordance with its domestic l- aw of the requested Contracting Party.2.The Customs Authorities of the Contracting Parties shall co-o- perate and assist each other, in ensuring the correct applica- tion of the Customs laws, and for the prevention, investigati- on and combating of customs offences in accordance with the p- rovisions of the present Agreement.Article 3Scope of Assistance1.The Customs Authorities shall provide each other either on re- quest or on theri own intiiative all available information, w- hich may help to insure proper application of the customs law- ss including, inter alia. information to; (a) ensure the proper assessment of import and export duties a- nd taxes; (b) help in accurate assessment of value of goods for Customs purposes; (c) help to determine the tariff classification and the origin of goods.2.Assistance as provided in theis Agreement, shall include. but not limited to; (a) enforcement actions that might be useful in preventing off- ences and. in particular. special means of combating offen- ces; (b) new means or methods used in committing offences: (c) observations and findings resulting from the successful ap- plication of new enforcement aids and techniques; and (d) techniques and improved methods of processing passengers a- nd cargo.3.The Customs Authorities of the Contracting Parties, if not co- ntrary to their domestic law, also seek to cooperate in;a) initiating, developing, or improving secific training progra- ms for their personnel;b) establishing and maintaining channels of communication betwe- en themselves in order to facilitate the secure and rapid ex- change of information;c) facilitating effective coordination between themselves, incl- uding the exchange of personnel and experts and posting of l- iaison officers;d) the consideration and testing of new equipment and procedures ;e) the simplification and harmoniation of their respective cust- oms procedures; andf) and other general administrative matters that may from time to time require their joint action.4.Any request for arrest of persons shall be excluded from such assistance. The collection and forced collection of customs d- uties, other taxes, fines, and other monies shall be excluded from such assistance.Article 4Assistance on control1.At the request of the requesting Authority, the requested Aut- hority shall communicate the infromation concerning the follo- wing matters:a) the authenticity of official documents produced in support of a goods declaration presented to the Customs Authority of the requesting Contracting Party:b) wherther goods imported into the Customs territory of the re- questing Contracting party have been lawfully exported from the Customs territory of the other Contracting Party:c) whether goods exported from the Customs territory of the req- uesting Contracting Party have been lawfully imported into t- he Customs territory of the requested Contracting Party:d) information regarding the transportation and shipment of goo- ds. the dispostition and destination of such goods as well as their value and origin:e) the catalogues and price lists of goods in question. if avai- lable.Article 5Other Assistance on ControlThe Contracting parties sahll within their competencies provideeach other assistance if they consider it to necessary for theocrrect application of customs laws, particularly when they bot-ain information pertaining to:-acts which have contravened, contravene, or would contravene c- ustoms laws and which may be of interest to the other Contract- ing Party:-goods known to be the subject of substantial offences against customs laws in the territry of the other Contracting Party:-particular persons or firms known to be or suspected of commit- ting offences against customs laws in force in the terrtory of the other Contracting Party:-means of transport and containers about which knowledge or sus- picion exist that they were, are, or could be used in commiting offences against customs laws in force in the territory of the other Contracting Party.Article 6Communiction of Requests1.Form and Substance of Requests for Assistance:a) Requests pursuant to the present Agreement shall be made in writing. Documents necessary for the execution of such a req- uest sahll accompany the request. When requiresd bechausc of the urgency of a situation. an orlal requst may be accepted. but shall be promptly confirmed in writing.b) Requests shall be made in English. Any documents accompanying such requests sall be translated into English. if necessary.2.Requests pursuant to paragraph 1 of this Article shall include the following information:a) theauthority making the request;b) the measure requested;c) teh object of and the reason for the request:d) the names and the addresses of the parties to which the reuq- est realtes:e) a bried description of the matter under consideration and the legal elements involved:f) the connection between the assistance sought and the matter to which it relates.3.Channel of Communication:a) Assistance shall ber carride out by direct communication bet- ween the respective Customs Authorities.b) In the event the Customs Authority of the requested Contract- ing Party is not the appropriate agency to comply with the r- equest. it shall, after appropriate consultation. either pro- mptly transmit the request to the appropriate agency who sahl lcat upon the request according to its powers under the dome- stic law, or advies the requesting Authority of the appropri- ate procedure to be followed reganding such a request.Article 7Execution of requests1.The requested authority shall take subject to its domestic law , all reasonable measures to execute the request within a rea- sonable amount of time.2.The Customs Authority of either Contracting Party shall, upon the request of the Customs Authority of other contracting par- ty, conduct any necessary investigation. inquiries, including where necessary. the questioning of experts and witnesses or persons suspected to have committed on offence.Article 8Teh Form in which Information is to be Communicated1.The requested Authority shall communicate the results of inqu- ires to the requesting Authority in the from of documents. ce- rtificed copies of documents. reports. and the like, and when necessary orally.2.The documents provided for in the paragraph 1 may be replaced by computerized information produced in any form for the same purpose. Any information necessary for the interpretation or utilization of such computerized information shall be furnish- ed along with it.Article 9Exemptions from Assistance1.In cases where the requested Contracting Party considers that the compliance with the request would infringe upon its sover- eignty, security, public policy, or other substantial national interests or would violate an industraial, commercial or prof- essional secret, assistance may be refused or may give it sub- ject to certain conditions or requirements.2.If the assistance is refused or withheld. the requesting Auth- ority shall be informed of the decision and the reasons there- fore as soon as possible.3.Assistance may be postponed by the requested Authority on the groud that it will interfere with an ongoing investigtion, pr- osecution or proceeding, In such cases. teh requested contrac- ting party shall consult with the requesting Contracting part- yto determine if assistance can be given subjectto such terms or conditions as requested Contracting party may require.4.If the requesting Authority requests assistance which it would the unable to provide if so asked, it shll draw attention to that fact in its request. it shall then be for the reuested A- uthority to decide how to respond to such a request.Article 10Us of Information1.Information, documents, and other communications received in the course of mutual assistance may only be used for the purp- oses specified in the present Agreement, including their use in investingative, judicial and administrative proceedings.2.The requesting Authority shall not use evidence or information obtained under this agreement for purposes other than those s- tate in the request without the prior written consent of the requested Authority.3.The provisions of paragraph 1 and 2 of this article do not ap- ply to information concerning offences relating to arms., amm- unition, narcotic drugs and psychotropic substances. Such inf- ormatin may be communicated to the authorities of the request- ing Contracting Party. which are directly involved in combati- ng illicit drug traffic.Article 11Confidentiality of InformationAny information, documents. or other communications communicatedor obtained unde rthis Agreement shall be treated as confidenti-al and may be used only for the purposes specified in this Agre-ement. they shall be covered by the obligation of official secr-ecy sand shall enjoy the same protectiion extended under the re-levant laws regarding to the same kind of information, documentsor other such cmmunications applicable i9n the Contracting Party. which receives it.Article 12Files, Documents, and Witnesses1.The Customs Authorities of the Contracting Parties shall, upon request, provide documentation relating to the transportation and shipment of goods shwoing the value. origin, disposition and destination of those goods.2.Originals of files. documents, and other materials shall be r- euqested only in cases where copies would be insufficient. Up- on specific request, copies of such files. documents. and oth- er materials shall be appropriately authenticated.3.Originals of files, documents. and other materials, which have been transmitted shall be returned at the earliest opportunity upon request. originals necessary for adjudicative or similar puposes shall be returned without delay.4.Upon the request of the Customs authority of one Contracting Party. the Customs Authority of the other contracting Party m- ay. at its descretion, authorize its employees. if such cmployees consent to do so. to appcar as witnesses in judicial or administrative proceedings in the territory of the other Contracting Party, and to produce such files. documents, and other materials or authenticated copies thereof. as may be considered essential for the proceedings. Such a request shall specify the time., place, and type of proceedings and in what capacity the employees sahh testify.Article 13costs1.The Customs Authorities of the Contracitng Parties shall norm- ally waive all claims for the reimbursement of costs incurred in the execution of the present Agreement, with the exception of expenses for withnesses, fees of experts, and costs of int- erpreters other than government employees.2.If expenses of a substantial and extraordinary nature are or shall be required to execute the request. the Customs Authori- ties of the Contracting parties shal lconsult to determine the tems and conditions under which the request will be executed as well as the manner in wshich the costs sahll be borne.Article 14Implementation and Dispute Settlement1.The mangaement of this Agreement shal lbe entrusted to the Cu- stoms Authorities of the Contracting Parties. they shall deci- de on all practical measures and arrangements necessary for i- ts interpretatin and application. taking into consideration r- egulations in the field of data protection.2.After consulatations, the Customs Authorities of the Contract- ing parties may issue and administrative directives necessary for the implementation of this Agreement.3.The Customs Authorities of the contraction parties shall desi- gnate the officials responsible for mutual communications and- shall exchange a list including their names, title, telephon- e and fax numbers. they may also arrange for their investiga- tion services to be in direct contact with each other.4.Disputes and conflicts for which no solution is found shall be settled throgh diplomatic channels.This Agreement shall be applicable to the Customs treeiroties ofboth Contracing Parties as defined in their national legal andadministrative provisions.Article 16Entry into Force and Termination1.This Agreement enters into force upon the date of the signatu- re. Each Contracting party shall notify the other through diploma- tic channels that the necessary procedure, according the dome- stic legislative, has been fulfilled.2.The Customs Authorities of the Contracting Parties agree to m- eet in order to review this Agreement or to discuss any other customs matters which may arise out of the relationship betwe- en them upon the request of one of the Customs Authorities or at the end of five years from the date of its entry into forc- e, unless they notify ond another in writing that no such rev- iew is necessary.3.This Agreement sahl remain in force for an unspecified period of time. It shall be terminated six months from the date n wh- ich 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 Ongoiong pro- ceedings at teh time of termination shall nonetheless be comp- leted in accordance with the provision of this Agreement.Done at Taipei on 9th June, 1999 in two originals in the Chinese, Macedonina and English languages, all texts being equally aut-hentic, in the event of any divergence of interpretation, the E-nglish text shall prevail.For the government of For the Government ofthe Republic of China The Republic of Macedonia──────────── ────────────Paul C.H.Chiu Nikola GruevskiMinister of Finance Minister of trade