AGREEMENTBETWEEN THE GOVERNMENT OF JAPANAND THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANYREGARDING MUTUAL ASSISTANCE AND COOPERATIONIN CUSTOMS MATTERS

The Government of Japan and the Government of theFederal Republic of Germany, hereinafter referred to as“the Contracting Parties”,
Considering that offenses against customs laws areprejudicial to the economic, fiscal, social, public health,cultural and commercial interests and the public securityof their respective countries,
Considering the importance of assuring the accurate
assessment of customs duties and other taxes collected atimportation and exportation,
Considering that illegal cross-border trafficking inweapons, explosives and chemical, biological and nuclear
substances as well as in narcotic drugs, psychotropic
substances and precursors constitutes a danger to society,
Recognizing the need for international cooperation inmatters related to the administration and enforcement of
the customs laws of their respective countries,
Convinced that actions against customs offenses can bemade more effective by cooperation between their Customs
Administrations,
Having regard to the international agreements
containing prohibitions, restrictions and special measuresof control in respect of specific goods,
Having regard to the Recommendation of the Customs
Cooperation Council on Mutual Administrative Assistance ofDecember 5, 1953, andBearing in mind the Agreement between Japan and theEuropean Union on Mutual Legal Assistance in Criminal
Matters,
HAVE AGREED AS FOLLOWS:

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Article 1
For the purposes of this Agreement:(a)the term “customs law” shall mean any laws andregulations of Japan or the Federal Republic of
Germany concerning the importation, exportation,transit of goods and placing of goods under any
other customs procedures, which relate to customs
duties, any import or export duties or othertaxes, or to measures of prohibition, restriction
and control of the movement of goods fallingunder the competence of the Customs
Administration;(b)

the term “Customs Administration” shall mean, inJapan, the Ministry of Finance, and, in theFederal Republic of Germany, the Federal Ministryof Finance;(c)the term “information” shall mean any data,
documents, reports or other communications;(d)the term “customs offense” shall mean any
violation or attempted violation of customs law;(e)

the term “person” shall mean any natural or legalperson;(f)

the term “personal data” shall mean any
information relating to an identified oridentifiable natural person;(g)

the term “Requesting Administration” shall mean
the Customs Administration that requestsassistance;(h)the term “Requested Administration” shall mean
the Customs Administration from which assistanceis requested;(i)the term “customs territory” shall mean theterritory of the country of each Contracting
Party in which the customs law of that country isin force; and2(j)the term “controlled delivery” shall mean thetechnique of allowing illicit or suspectconsignments to pass out of, through or into theterritory of a country, with the knowledge andunder the supervision of the competent authorityof that country, with a view to the investigationof an offense and the identification of persons
involved in the commission of the offense.
Article 2(1) The Contracting Parties shall assist each otherthrough their respective Customs Administrations to ensure
proper application of customs law, and to prevent andinvestigate any customs offense, in accordance with theprovisions of this Agreement.
(2) The Contracting Parties shall, through theirrespective Customs Administrations, make cooperative
efforts for simplification and harmonization of theircustoms procedures, as far as such cooperative efforts arecompatible with the responsibilities of the Federal
Republic of Germany as a Member State of the European
Union.
(3) This Agreement shall be applied by the Contracting
Parties in accordance with the laws and regulations of eachcountry, and within the available resources of theirrespective Customs Administrations. The provisions of thisAgreement shall not affect the rights and obligations ofthe Contracting Parties under other internationalagreements, including the Agreement between Japan and theEuropean Union on Mutual Legal Assistance in Criminal
Matters.
(4) This Agreement is without prejudice to the obligationsof the Federal Republic of Germany under the legislation ofthe European Union concerning its present and future
obligations as a Member State of the European Union and any
legislation enacted to implement such obligations,especially those governing the exchange of information
between the competent services of the European Commissionof the European Union and the Customs Authorities of theMember States, as well as its present and future
obligations resulting from international agreements between
the Member States of the European Union.

3Article 3(1) The Customs Administrations shall provide each other,either on request or on their own initiative, withinformation necessary to ensure proper application ofcustoms law and to prevent, detect and investigate any
customs offense.
(2) Either Customs Administration shall, on its own
initiative or upon request, provide the other Customs
Administration with available information regarding theactivities that may result in customs offenses within thecustoms territory of the country of the latter Customs
Administration.
(3) When either Customs Administration considers thatavailable information is relevant to serious customs
offenses that could involve substantial damage to theeconomy, public health, public security or any other vitalinterest of the country of the other Customs
Administration, the former Customs Administration shall, if
deemed necessary, provide the latter Customs Administration
with such information without delay on its own initiative.
Article 4The Requested Administration shall, within the limitof its available resources, provide information on andexercise special surveillance of:(a)persons known to the Requesting Administration tohave committed a customs offense or suspected by
the Requesting Administration of committing or
having committed a customs offense within thecustoms territory of the country of theRequesting Administration, particularly thosemoving into and out of the customs territory of
the country of the Requested Administration;(b)

goods either in transport or in storage notified
by the Requesting Administration as suspected to
be used in the commission of a customs offense
within the territory of the country of theRequesting Administration; and(c)means of transport suspected by the Requesting
Administration of being used or having been usedin the commission of a customs offense within thecustoms territory of the country of theRequesting Administration.

4Article 5
The Customs Administrations, subject to the decisionof a competent authority, may cooperate in and exchange
information on a controlled delivery executed in accordancewith the laws and regulations of their respective
countries.
Article 6(1) Requests pursuant to this Agreement shall be made inwriting in English. Information deemed useful for theexecution of such requests shall accompany the requests.
When the urgency of the situation so requires, oral
requests may also be made and accepted, but shall be in duetime confirmed in writing.
(2) Requests pursuant to paragraph (1) of this article
shall include the following information:(a)Requesting Administration;(b)

the nature of the proceedings in respect of which
the request is made;(c)the purpose and the reason for the request;(d)the names and addresses or, if not known,
indications as exact and comprehensive as
possible, of the persons to whom the request
relates; and(e)a brief description of the matter underconsideration and the legal elements involved.

(3) Unless otherwise provided in this Agreement, theinformation provided pursuant to this Agreement shall bedirectly communicated between offices designated by therespective Customs Administrations.
Article 7(1) The Requested Administration shall take all reasonablemeasures to execute the request for assistance made under
this Agreement.

5(2) If the Requested Administration agrees to the requestof the Requesting Administration, officials speciallydesignated by the Requesting Administration may, subject tothe conditions laid down by the Requested Administration,
be present at the inquiry conducted by the Requested
Administration in the customs territory of the country of
the Requested Administration to obtain information related
to activities that are or are suspected of being customs
offenses, which the Requesting Administration needs for thepurpose of the request for assistance under this Agreement.
(3) Where the Requested Administration considers it
appropriate for officials of the Requesting Administration
to be present when measures of assistance are carried out
pursuant to a request, the Requested Administration may
invite the participation of officials of the Requesting
Administration, subject to any terms and conditions it may
specify.
(4) When officials of either Customs Administration arepresent in the customs territory of the country of theother Customs Administration in accordance with theprovisions of this Agreement, they must at all times beable to furnish proof of their identity and official
capacity.
(5) The Requested Administration shall, upon request by
the Requesting Administration and when it deems
appropriate, advise the Requesting Administration of thetime and place of the action it will take in response of
the request for assistance.
Article 8(1) Information received pursuant to this Agreement shall
only be used for the purpose specified in paragraph (1) ofArticle 2 of this Agreement. It shall not be communicatedto other authorities unless the Customs Administration
providing the information has expressly approved in writing
its use by the other authorities. The Customs
Administration providing the information may request that
the Customs Administration receiving the information will
inform on the use of the provided information and theresults achieved thereby.

6(2) Notwithstanding the second sentence of paragraph (1)of this Article, unless otherwise notified by the Customs
Administration providing the information, the Customs
Administration receiving the information may provide theinformation received pursuant to this Agreement to therelevant law enforcement agencies of its country, which may
use such information under the conditions stipulated in thefirst sentence of paragraph (1), paragraphs (3) and (4) of
this Article, and Article 9 of this Agreement.
(3) Each Contracting Party shall maintain theconfidentiality of any information received pursuant tothis Agreement, and shall grant at least the same level ofprotection under the laws and regulations of the country of
the Customs Administration providing the information unlessthe Customs Administration providing the informationconsents to the disclosure of such information. In casewhere a request cannot be executed without disclosing theinformation contained in such request, the Requested
Administration shall so inform the Requesting
Administration, which shall then determine whether therequest should nevertheless be executed.
(4) In cases where personal data are exchanged under thisAgreement, the following provisions shall apply, to theextent permitted by the applicable laws and regulations ofeach Country.
(a)

In cases where the information provided contains
personal data, the Customs Administration which
received personal data shall upon request informthe Customs Administration which provided thepersonal data of the use of such data and theresults achieved thereby.

(b)

The Customs Administration providing personal
data shall exercise vigilance as to the accuracyof the data to be provided as well as theirnecessity for and proportionality to the purposeof the request.

7(c)Each Contracting Party shall ensure, inaccordance with the laws and regulations of its
country, that any person may request its Customs
Administration to disclose the personal data of
which such person is the subject as well as theinformation regarding the use of such personaldata, which are retained by the Customs
Administration. When a Customs Administration
receives the request of such disclosure, thatCustoms Administration, except in cases where thelaws and regulations of its country allow therefusal of disclosure based on the circumstancesof a given case, shall disclose the retained
personal data as well as the information
regarding the use of such personal data to therequesting person.

(d)Each Contracting Party shall ensure, inaccordance with the laws and regulations of its
country, that any person who suffered fromunlawful use of personal data of which that
person is the subject by its Customs
Administration, including such cases where theCustoms Administration provides inaccurate
personal data, may claim damages.

(e)Where the laws and regulations applicable to theCustoms Administration providing personal data
provide for particular deadlines for the deletionof the personal data provided, the Customs
Administration providing the data shall informthe other Customs Administration receiving it
accordingly. Irrespective of these deadlines,
the personal data provided shall be deleted once
they are no longer required for the purpose forwhich they were provided.

(f)Each Customs Administration shall take necessary
measures for the prevention of unauthorised
access, unauthorised modification andunauthorised disclosure of the personal data
provided from the other Customs Administration.

(g)

The Customs Administrations shall keep official
records of the provision and receipt of personaldata.

8(5) In cases where the Customs Administration which
provided information recognizes that the information
provided pursuant to this agreement was inaccurate or
should not have been provided, the Customs Administration
which received such information shall be notified of thatfact without delay. The Customs Administration which
received the notification shall correct or delete theinformation without delay.
(6) This Article shall not preclude the use or disclosureof information to the extent that there is an obligation todo so under the laws and regulations of the country of theCustoms Administration receiving the information. SuchCustoms Administration shall, wherever possible, giveadvance notice of any such disclosure to the Customs
Administration providing the information.
Article 9(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 as evidence incriminal proceedings carried out by a court or a judge.
(2) The Requesting Administration shall not use any
information, including personal data, received pursuant tothis Agreement for investigative purposes unless otherwise
the Requesting Administration describes such purposes inthe request.
(3) In the event that information provided from theCustoms Administration of a Contracting Party to theCustoms Administration of the other Contracting Party
pursuant to this Agreement is needed to be used by thelatter Contracting Party as evidence in criminal
proceedings carried out by a court or a judge, the latter
Contracting Party shall, in order to use such information
as evidence in criminal proceedings, carried out by a court
or a judge, submit a request in accordance with theAgreement between Japan and the European Union on Mutual
Legal Assistance in Criminal Matters.

9Article 10(1) In cases where the Contracting Party of the Requested
Administration is of the opinion that assistance under thisAgreement would infringe upon the sovereignty, security,
public policy or other substantial interest of its country,
the assistance may be refused or withheld, or may be madesubject to the satisfaction of certain conditions orrequirements.
(2) If the Requesting Administration would be unable toexecute a similar request in case such a request were madeby the Requested Administration, it shall draw attention tothat fact in its request. Execution of such a request
shall be at the discretion of the Requested Administration.
(3) Assistance may be withheld by the Requested
Administration on the ground that it will interfere with an
ongoing investigation, including investigation by therelevant law enforcement agencies, prosecution or judicialproceeding. In such a case, the Requested Administration
shall consult with the Requesting Administration todetermine if the assistance can be given subject to any
terms or conditions as the Requested Administration mayrequire.
(4) In the event that a request cannot be executed, theRequesting Administration shall be in due time notified of
the fact, and provided with a statement of the reasons forpostponement or denial 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 11
The Customs Administrations shall cooperate, whennecessary and appropriate, in the areas of research,development, and test of new customs procedures,enforcement aids and techniques, training activities ofcustoms officers, and exchange of personnel between them.

10Article 12(1) Expenses incurred in the implementation of thisAgreement, in particular those incurred in requesting for
information as well as in working on such requests under
this Agreement, shall in general be borne by the respective
Contracting Parties. However, in cases in which officialsof the Requesting Administration participate in measures ofassistance carried out by the Requested Administrationaccording to paragraph (3) of Article 7 of this Agreement,
the expenses incurred due to such participation are to beborne by the Requesting Administration unless theContracting Parties agree on a different procedure in theindividual case.
(2) If during the execution of a request for assistance it
becomes apparent that completion of the execution of therequest for assistance will entail expenses of an
extraordinary nature, the Customs Administrations shallconsult to determine the terms and conditions under which
the execution may continue.
Article 13(1) The Contracting Parties may hold, as necessary,consultations through diplomatic channels on any matterswhich may arise in the implementation of this Agreement.
(2) Detailed arrangements to implement this Agreement will
be concluded, as necessary, between the Customs
Administrations of the Contracting Parties.
Article 14(1) The Contracting Parties shall notify each other,through diplomatic channels, of the completion of theirrespective internal procedures necessary for the entry into
force of this Agreement. This Agreement shall enter into
force on the thirtieth day after the latter of the dates ofreceipt of the notifications.
(2) This Agreement shall continue in effect for anindefinite period. Either Contracting Party may terminate
this Agreement by giving three months written noticethrough diplomatic channels. In such an event, thisAgreement shall cease to have effect three months after thedate of receipt of the written notice of termination byeither Contracting Party. Requests for assistance whichhave been received prior to the termination of theAgreement shall be completed in accordance with theprovisions of this Agreement.

11(3) The Contracting Parties may meet in order to review
this Agreement, as necessary.
IN WITNESS WHEREOF, the undersigned, being duly
authorized thereto, have signed this Agreement.
Done at Berlin on the 19th day of November 2014 induplicate in the Japanese, German and English languages,
all three texts being authentic. In case of divergent
interpretations of the Japanese and the German texts, theEnglish text shall prevail.

For the Governmentof Japan

For the Governmentof the Federal Republicof Germany

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