Economic Community of West African States
A/P5/5/82 Convention for Mutual Administrative Assistance in Customs Matters
- Published in official journal 4 on 1 June 1982
- Commenced in full
- [This is the version of this document as it was at 29 May 1982 to 31 May 1982.]
Article 1 – DefinitionsFor the purposes of the present convention and its application, the term:1."Treaty" means the founding Treaty of the Economic Community of West African States;2."Community" means the Economic Community of West African States3."Council" means the Council of Ministers set up under Article 6 of the Treaty of the Economic Community of West African States;4."Commission" means the Trade, Customs, Immigration, Monetary and Payments Commission set up under Article 9 of the Treaty of the Economic Community of West African States;5."Member States or States" means a Member State or the Member States of the Economic Community of West African States;6."Customs legislation" means the totality of legislative and regulative measures applied by customs administrations as regards the imports, exports or transit of merchandise, currency movement across the borders, including the monitoring of exchange control regulations;7."Customs evasion" means any customs infringement in which a person fraudulently evades, either wholly or in part, the payment of import or export duties and taxes, infringes the prohibition or restrictive measures applied under customs legislation or obtains any benefit whatsoever by the infringement of such legislation;8."Customs infringement" means any violation or attempt to violate customs legislation;9."Commercial evasion" means any infringement by which, outside the provisions mentioned under (g) above, any merchandise is concealed or withheld from the knowledge of the external trade authorities, whether or not subject to import duties and taxes;10."Smuggling" means any customs evasion in which merchandise is moved by any means across a customs post or un-authorised routes;11."Import or export duties and taxes" means customs and any other duties, taxes and royalties or sundry levied on imports or exports, with the exception of royalties and charges where the amount is limited by the approximate cost of the services rendered;12."Entity" means both an individual and a legal entity, unless the context provides otherwise;13."Ratification" means the formal acceptance or application of the present Convention as provided under Article 62 of the Treaty;14."Competent authorities" means any national customs administration or any other national authority designated to assist customs administration.
Application of the present convention
Article 3The provisions of the present convention shall also apply to non-recorded traffic in drugs and narcotics.
Article 4 – General nature of assistance
Article 7The costs arising from provision of experts and witnesses by Member States as well as other costs resulting from the application of the present convention shall be borne by the party making the request. However the content and estimate of such cost shall be mutually agreed upon by the parties concerned prior to the rendering of the said assistance.
Article 8 – Sundry provisionsThe Council, Executive Secretariat and Competent authorities responsible for implementation of the convention shall take appropriate measures to ensure that departments responsible for the prevention, detection and punishment of infringements involving customs or trade evasion are in direct and personal contact with each other to facilitate the implementation of the general aims of the present convention.
Article 9 – Technical provisions obligatory assistance
Article 10 – Assistance with regard to determination of import or export duties and taxes
Article 11 – Assistance with regard to monitoringAt the request of the competent authorities of a Member Slate, the competent authorities of another Member State shall submit information on the following:
Article 12 – Assistance as regards survellanceAt the request of the competent authorities of any Member State, the competer authorities of any other Member State shall exercise, to the extent of its competence and powers, special surveilance for a determined period.
Article 13 – Enquiries and notifications carried out on behalf of another Member State
Article 14 – Statements by representatives of competent authorities before foreign tribunalsWhen a simple written statement is not sufficient and the competent authorities of a Member State requests it the competent authorities of the other Member State shall as far as possible, authorise its agents to give evidence before the appropriate tribunal in session on the territory of the Member State requesting information, as witnesses or experts in any matter concerning a customs or trade infringement. The request to appear before the tribunal shall specify the case in question and the capacity in which the agent or official is to give evidence.
Article 15 – Presence of representatives of the competent authorities of one Member State on the territory of another Member State
Article 16 – Participation in foreign enquiriesWhen the two Member States concerned deem it appropriate to do so, representatives of the competent authorities of one of these Member States shall participate at the request of the other, in enquiries carried out on the territory of the latter.
Article 17 – Cooperation in the compilation and analysis of customs statistics
Article 18 – Cooperation in the preparation and operation of customs training arrangementsThe competent authorities of the Member States shall assist each other in the preparation and operation of customs training arrangements. This provision may apply to:
Centralisation of information
Article 19The competent authorities of Member States shall cooperate in the establishment and maintenance of a combined index of information on customs frauds involving persons and vehicles; to this end the Executive Secretariat shall be responsible for coordinating and organising the measures necessary to establish and maintain the index.
I Entities involved in smuggling
Article 21Information conveyed under the present section is intended to provide the following particulars:
Article 22The principal items of information to be communicated are the following:
|1. Sex||5. Hair|
|2. Height||6. Eyes|
|3. Weight||7. Complexion|
|4. Build||8. Distinguishing marks|