AGREEMENTBETWEENTHE GOVERNMENT OF JAPANAND
THE GOVERNMENT OF THE KINGDOM OF NORWAY
ON COOPERATION AND
MUTUAL ADMINISTRATIVE ASSISTANCEIN
CUSTOMS MATTERS

The Government of Japan and the Government of theKingdom of Norway (hereinafter referred to as theContracting Parties),
BEARING IN MIND the friendly relations between Japanand the Kingdom of Norway and wishing to enhance andsupplement the cooperation between the Contracting Parties;
CONSIDERING the importance of the commercial links
between Japan and the Kingdom of Norway, and desirous ofcontributing to developing benefit of both countries and tothe harmonious development of those links;
CONSIDERING that offences against customs legislation
are prejudicial to the security of both countries and theireconomic, commercial, fiscal, social, cultural,agricultural and public health interests;
RECOGNISING the need for international cooperation inmatters related to the application and enforcement of theircustoms legislation;
CONVINCED that action against customs offences can bemade more effective by close cooperation between their
Customs Administrations, in particular, through theexchange of information;
HAVING IN MIND the importance of the accurate
assessment of customs duties and other taxes collected atimportation or exportation and of ensuring proper
enforcement, by the Customs Administrations, ofprohibitions, restrictions and control measures;
CONSIDERING that illicit traffic in narcotic drugs andpsychotropic substances represents a danger to publichealth and to society;1

TAKING INTO ACCOUNT the threat of transnationalorganised crime and criminal groups and the need toeffectively combat them;
HAVING REGARD to the United Nations Convention against
Illicit Traffic in Narcotic Drugs and Psychotropic
Substances of 20 December 1988;
HAVING REGARD to the Recommendation of the Customs Cooperation Council on Mutual Administrative Assistance of 5
December 1953; andHAVING REGARD also to the international conventions
containing prohibitions, restrictions and control measuresin respect of specific goods;
Have agreed as follows:
Article 1
Definitions
For the purposes of this Agreement:(a)“customs legislation” shall mean the laws andregulations administered and enforced by theCustoms Administrations governing theimportation, exportation, transit, storage andmovement of goods, and placing of goods under anyother customs procedures, including measures ofprohibition, restriction and control of goods
falling under the competence of the Customs
Administrations;(b)“Customs Administration” shall mean, for Japan,
the Ministry of Finance, and, for the Kingdom ofNorway, the Directorate of Customs and Excise;(c)“the customs territory of the requesting/requested administration” and “the customs
territory of that Contracting Party” shall mean
the territory of Japan or the territory of theKingdom of Norway, where their respective customs
legislation is applied;(d)“requesting administration” shall mean theCustoms Administration which requests assistance;(e)“requested administration” shall mean the Customs
Administration from which assistance isrequested;

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(f)

“customs offence” shall mean any violation orattempted violation of customs legislation;(g)“person” shall mean any natural or legal person;(h)“personal data” shall mean any information
relating to an identified or identifiable naturalperson;(i)“official” shall mean any Customs
Administration’s officer designated by a Customs
Administration;(j)“information” shall mean any data, documents,
reports, and communications in any format,
including electronic or authenticated copies
thereof; and(k)“international trade supply chain” shall mean allprocesses involved in the cross-border movementsof goods from the place of origin to the place of
final destination.
Article 2
Scope of the Agreement

1.
The Contracting Parties shall, through their Customs
Administrations, provide each other with assistance, in theareas within their competence, and in the manner and under
the conditions laid down in this Agreement, to ensure
proper application of customs legislation as well as thesecurity of the international trade supply chain and toprevent, detect, investigate and combat customs offences.
2.
The Contracting Parties shall, through theirrespective Customs Administrations, make cooperative
efforts for simplification and facilitation of trade
between their countries.
3.
Assistance and cooperation within the framework ofthis Agreement shall be implemented by the Contracting
Parties in accordance with the domestic laws andregulations in force in Japan and the Kingdom of Norway
respectively, and within the competence and available
resources of their respective Customs Administrations.
4.
The provisions of this Agreement shall not affect therights and obligations of the Contracting Parties under any
other international agreements.

3Article 3
Exchange of Information
1.
The Customs Administrations shall provide each other,either on request or on their own initiative, withavailable information necessary to ensure proper
application of customs legislation as well as the securityof the international trade supply chain, and to prevent,detect, investigate and combat customs offences,
particularly information relating to:(a)

the accurate assessment and collection of customs
duties, fees and other taxes;(b)

the prevention of, law enforcement against, orcombating customs offences related toimportation, exportation and other customs
procedures;(c)sources of smuggling goods, new appliances ofcustoms offences as well as methods of committing
smuggling activities;(d)transportation and shipment of goods including
its location and destination;(e)enforcement techniques that have proved theireffectiveness; and(f)new trends, means or methods of committing
customs offences.

2.
Upon request, the requested administration shallprovide the requesting administration with the following
information:(a)whether goods imported into the customs territoryof the requesting administration have been
lawfully exported from the customs territory of
the requested administration;(b)whether goods exported from the customs territoryof the requesting administration have been
lawfully imported into the customs territory of
the requested administration; and(c)whether goods which have been transited throughthe customs territory of the requested
administration and are destined to the customs
territory of the requesting administration havebeen lawfully transited.

43.
Upon request, the information shall contain thecustoms procedures, if any, under which the goods have beenplaced and, in particular, the procedures used for clearingthem.
4.
All relevant information for interpreting or utilising
the information provided pursuant to paragraphs 1 to 3 ofthis Article shall be supplied at the same time.
Article 4Special Surveillance
Upon request, the requested administration shall,
within the limits of its competence and available
resources, exercise special surveillance of and provide
information on:(a)persons in respect of whom there are reasonablegrounds for believing that they are or have been
involved in the commission of a customs offence
within the customs territory of the requesting
administration;(b)

goods that are or may be transported in such a
way that there are reasonable grounds forbelieving that they are intended to be used in
the commission of a customs offence within thecustoms territory of the requesting
administration;(c)means of transport, including containers, known
to have been used or suspected of being used tocommit customs offences in the customs territoryof the requesting administration;(d)activities that may result in customs offences
within the customs territory of the requesting
administration; and(e)premises known to have been used or suspected ofbeing used to commit customs offences in thecustoms territory of the requesting
administration.

5Article 5
Spontaneous Assistance
The Customs Administrations shall, whenever possible,
provide each other with information, on their own
initiative and in accordance with the domestic laws andregulations in force in Japan and the Kingdom of Norway
respectively, if they consider that the information isrelevant to preventing serious customs offences that could
involve substantial damage to the economy, public health,public security, including the security of theinternational trade supply chain, or any other vitalinterests of either country.
Article 6
Technical Cooperation
The Customs Administrations shall cooperate, within
their respective competence and available resources, in theareas of research, development, customs procedures,enforcement aids, control techniques and training andexchange of experts.
Article 7
Use of Information and Documents
1.
Information received pursuant to this Agreement shall
only be used for the purposes specified in paragraphs 1 and2 of Article 2 of this Agreement.
2.
Information received pursuant to this Agreement shallnot be communicated to other authorities unless the Customs
Administration providing the information has expresslyapproved in writing its use by those other authorities.
3.
Notwithstanding paragraph 2 of this Article, unlessotherwise notified by the Customs Administration providing
the information, the Customs Administration receiving theinformation may provide it to the relevant national law
enforcement agencies, which may use the information under
the conditions stipulated in paragraphs 1 and 2 of thisArticle, Article 8, Article 9 and Article 10 of thisAgreement.

6Article 8
Confidentiality of Information
1.
Any information received pursuant to this Agreement
shall be treated as confidential and at least be subject tothe same level of protection as the same kind ofinformation is subject to under the domestic laws andregulations applicable to the Customs Administration
providing the information unless the Customs Administration
providing the information gives a prior consent to thedisclosure of such information.
2.
The requested administration may, whenever necessary,
notify in writing the requesting administration ofrestriction on the use of information.
Article 9
Personal Data Protection1.
Personal data may be exchanged only where theContracting Party which may receive it undertakes toprotect such data in at least an equivalent way to the one
applicable to that particular case in the Contracting Party
that may supply it. The Contracting Party that may supply
the information shall not stipulate any requirements thatare more onerous than those applicable to it in its own
jurisdiction.
2.
The personal data provided shall only be kept for thetime necessary to achieve the purpose for which it wasprovided. The Customs Administration shall take necessary
measures to protect received personal data fromunauthorised access, amendment and dissemination.
Article 10
Criminal Proceedings
1.
Information provided from the Customs Administrationof a Contracting Party to the Customs Administration of theother Contracting Party pursuant to this Agreement shallnot be used by the latter Contracting Party in criminal
proceedings carried out by a court or a judge.
2.
Notwithstanding paragraph 1 of this Article, where oneof the Contracting Parties wishes to use such informationin criminal proceedings carried out by a court or a judge,
the Customs Administration of that Contracting Party shallobtain the prior written consent of the Customs
Administration of the other Contracting Party which
provided the information.

73.
The Customs Administration wishing to obtain the priorwritten consent of the Customs Administration of the other
Contracting Party pursuant to paragraph 2 of this Article
may, on its own initiative or upon request, provide theCustoms Administration providing the information withrelevant information deemed useful for obtaining such
written consent.
4.
Nothing in this Article shall prevent a Contracting
Party from submitting a request for information to theother Contracting Party through diplomatic channels, orother channels established in accordance with the laws
applicable to the other Contracting Party.
Article 11Communication
1.
Unless otherwise provided in this Agreement, theinformation provided pursuant to this Agreement shall bedirectly communicated between the officials designated by
the respective Customs Administrations.
2.
Requests for assistance under this Agreement shall bemade in writing in English and shall be accompanied by any
information deemed useful for the purpose of complying withsuch requests. Any documents accompanying such requests
shall be translated into English to the extent necessary.
3.
When the urgency of the situation so requires, oral
requests may be made and accepted. Such requests shall be
confirmed in writing as soon as possible.
4.
Requests made pursuant to paragraphs 2 and 3 of this
Article shall include the following details:(a)the name of the requesting administration;(b)

the action requested and the reason for therequest;(c)a brief description of the case underconsideration and the laws and regulations
involved; and(d)indications as exact and comprehensive aspossible on the persons who are the target of theinvestigations.

8Article 12
Execution of Requests
1.
The requested administration shall take all reasonablemeasures to execute the request for assistance made under
this Agreement.
2.
In case the requested administration is not theappropriate authority to comply with a request forassistance, it shall promptly transmit the request to theappropriate authority which shall be under no obligation toreply to such a request.
3.
In the event that a request cannot be executed, therequesting administration shall be promptly notified ofthat fact, and provided with a statement of the reasons forrefusal or postponement of the request. The statement may
be accompanied by the relevant information which may be
useful for the requesting administration in its further
pursuit of the request.
Article 13
Presence of Officials in the Customs Territoryof the other Contracting Party
1.
The requested administration may allow officials of
the requesting administration to be present at theinquiries conducted by the requested administration in its
customs territory.
2.
The presence of officials of the requesting
administration in the customs territory of the requested
administration shall be solely of an advisory capacity andsubject to the terms and conditions established by therequested administration.
3.
When officials of the requesting administration arepresent in the customs territory of the requested
administration, with the consent of and subject to thecondition imposed by the requested administration, they
may:
(a)

consult, through officials of the requested
administration, in the offices of the requested
administration, documents, records and otherrelevant data; and(b)take copies of documents, records and otherrelevant data.

94.
When officials of the requesting administration arepresent in the customs territory of the requestedadministration, they must at any time be able to furnish
proof of their identity and official capacity. They shallnot wear uniforms, nor shall they carry weapons. They will
be responsible for any offence they commit. They shallenjoy, to the extent provided by the domestic laws andregulations applicable to the requested administration, thesame protection as granted to officials of the requestedadministration.
Article 14
Exemptions
1.
Article 7, Article 8, Article 9 and Article 10 shallnot preclude the use or disclosure of information to theextent that there is an obligation to do so under the laws
and regulations applicable to the Customs Administration
receiving the information. The Customs Administration
receiving the information shall, wherever possible, giveadvance notice of any such disclosure to the Customs
Administration providing the information.
2.
If the Contracting Party of the requested
administration considers that the assistance requested
under this Agreement may infringe upon the sovereignty,
security, public policy or other substantial interests ofits country or involve violation of industrial, commercial
or professional secrecy in the customs territory of thatContracting Party or may prove to be inconsistent with thedomestic laws and regulations in force of its country, suchassistance may be refused by that Contracting Party,
provided partly or provided subject to any terms orconditions it may require.
3.
If the requesting administration would not itself beable to execute a similar request in case a request weremade by the requested administration, it shall draw
attention to that fact in its request. Execution of such
request shall be at the discretion of the requestedadministration.
4.
Assistance may be postponed by the requested
administration if there are firm grounds for believing thatit could interfere with an ongoing investigation, including
investigation by the relevant law enforcement agencies,
prosecution or judicial proceeding. In such a case, therequested administration shall consult with the requesting
administration to determine whether assistance can beprovided subject to any terms or conditions the requested
administration may require.

105.
Where assistance is refused or postponed, reasons
shall be given to the requesting administration by therequested administration.
Article 15
Costs
1.
The Customs Administrations shall not claim forreimbursement of costs incurred in the execution of thisAgreement.
2.
If expenses of a substantial and extraordinary nature
will be required to execute a request, the Customs
Administrations shall consult each other to determine theconditions under which the request will be executed, as
well as the manner in which the costs will be borne.
Article 16
Implementation of the Agreement
1.
The Contracting Parties may hold, as necessary,consultations through diplomatic channels on any matterswhich may arise from the interpretation or application ofthis Agreement.
2.
Detailed arrangements to implement this Agreement may
be made, if necessary, between the Customs Administrations.
Article 17
Territorial Application
This Agreement shall apply to the customs territories
of both countries as defined in their respective laws andregulations.
Article 18
Entry into ForceThe Contracting Parties shall notify each other, inwriting through diplomatic channels, of the completion of
their respective internal procedures necessary for theentry into force of this Agreement. This Agreement shallenter into force on the ninetieth day after the date ofreceipt of the latter notification.

11Article 19Termination
1.
This Agreement is of unlimited duration, but either
Contracting Party may terminate it at any time by giving
written notification to the other Contracting Party throughdiplomatic channels. The termination shall take effectthree months from the date of notification of termination
to the other Contracting Party.
2.
Any ongoing assistance at the time of termination
shall nonetheless be completed in accordance with theprovisions of this Agreement.
Article 20
Review
The Contracting Parties may meet in order to review
this Agreement upon request.
IN WITNESS WHEREOF, the undersigned, being duly
authorised by their respective Governments, have signed
this Agreement.
DONE at Tokyo, on the sixteenth day of June 2016 in
duplicate, in the English language.

For the Government of Japan:

For the Government ofthe Kingdom of Norway:

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