Agreement
SAARC AGREEMENT ON MUTUAL ADMINISTRATIVE ASSISTANCE IN CUSTOMS MATTERS
The Governments of the SAARC (South Asian Association for Regional Cooperation) Member States comprising the People’s Republic of Bangladesh, the Kingdom of Bhutan, the Republic of India, the Republic of Maldives, the Kingdom of Nepal, the Islamic Republic of Pakistan and the Democratic Socialist Republic of Sri Lanka hereinafter referred to as “Contracting States”,
MOTIVATED by the commitment to promote regional cooperation for the benefit of their peoples, in a spirit of mutual accommodation, with full respect for the principles of sovereign equality, independence and territorial integrity of all States;
RECALLING the common desire to promote the South Asian Free Trade Area (SAFTA) which is to come into effect on 1st January 2006 and convinced that closer cooperation amongst their Customs Administrations will facilitate intra-regional trade;
RECOGNIZING the need for regional co-operation in matters related to the application and enforcement of their Customs laws;
CONSIDERING the importance of accurate assessment of Customs duties and other taxes and of ensuring proper enforcement by Customs Administrations of prohibitions, restrictions and measures of control in respect of specific goods;
CONSIDERING that offences against Customs law are prejudicial to the security of the Contracting States and their economic, commercial, fiscal, social, public health and cultural interests;
CONVINCED that action against Customs offences can be made more effective by close co-operation between their Customs Administrations based on clear legal provisions;
HAVING REGARD to the relevant instruments of the Customs Cooperation
Council (World Customs Organisation);
HAVING REGARD also to international Agreements containing prohibitions, restrictions and special measures of control in respect of specific goods;
Have agreed as follows:
Definitions
Article 1
For the purposes of this Agreement
1 "Customs Administration" shall mean the Customs authority and any other authority of a Contracting State authorized under national law and designated by that Contracting State to apply any provision of this Agreement.
2. "Customs law" shall mean any legal and administrative provisions applicable or enforceable by the Customs Administration of a Contracting State in connection with the importation, exportation, transshipment, transit, storage and movement of goods, including legal and administrative provisions relating to measures of prohibition, restriction and control;
3. "Customs offence" shall mean any breach or attempted breach of Customs law;
4. "person" shall mean both natural and legal persons, unless the context otherwise;
5. "personal data" shall mean any data concerning an identified or identifiable natural person;
6. “information" shall mean any data, whether or not processed or analysed, and documents, reports, and other communications in any format, including electronic, or certified or authenticated copies thereof;
7. "intelligence" shall mean information which has been processed and / or analyzed to provide an indication relevant to a Customs offence;
8. ''requesting Administration" shall mean the Customs Administration which requests assistance;
9. “requested Administration" shall mean the Customs Administration from which assistance is requested;
10. “official” shall mean any Customs officer or other government functionary designated by a Customs Administration;