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The Union Cabinet today gave its ex-post-facto approval for signing an Agreement on Cooperation and mutual assistance in Customs matters between the Customs administration of the Government of India and the Customs administration of the Republic of China.
The Agreement will help in the availability of reliable, quick and cost-effective information and intelligence for the prevention and investigation of Customs offences and apprehending of Customs offenders.
The salient features of the Agreement are as follow:
a) Scope
The Agreement will cover assistance by sharing information and intelligence to ensure proper application of customs law and the prevention, investigation and combating of Customs offences;
All assistance under this Agreement shall be provided in accordance with the national laws.
The information or assistance shall in particular relate to:
i) enabling detection of false declarations with regard to value, description and origin of goods,
ii) authenticity of any official documents in support of a declaration made before the customs authorities;
iii) new trends, means or methods in committing Customs offences;
iv) new Customs law enforcement techniques;
b) Special Assistance
In specific cases, upon request, the assistance shall extend to providing information on whether goods are imported or exported into the customs territory of any of the contracting parties lawfully and about the customs procedure, if any, under which the goods have been place.
c) Special Surveillance
On request, the requested administration of the contracting parties shall provide information and intelligence, and maintain surveillance over;
i) goods either in transport or in storage notified by the requested administration as giving rise to suspected illicit traffic towards the customs territory of requesting party;
ii) means of transport suspected by the requesting administration of being used to commit customs offences in the customs territory of either party; and
iii) premises suspected by the requesting administration of being used to commit customs offences in the customs territory or either party.
d) Technical Cooperation:
The Agreement provides for the contracting parties to cooperate with each other in Customs matters including;
i) exchange of Customs Officers or Experts for understanding each other’s customs techniques;
ii) exchange of information and experience in the usage of interdiction detection equipment;
iii) exchange of professional, scientific and technical data relating to customs legislation and procedure;
iv) exchange of information on action undertaken with third countries in relation to technical cooperation; and
v) exchange of information to cooperate in the simplification and harmonisation of their customs procedures.
e) Confidentiality of information
Any information or intelligence received under the Agreement is required to be used solely for the purposes of the Agreement and with strict regard to confidentiality.
YSR/DS/HS/CS
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