AGREEMENT BETWEENTHE GOVERNMENT OF JAPANAND THE GOVERNMENT OF THE REPUBLIC OF MOLDOVAREGARDING MUTUAL ADMINISTRATIVE ASSISTANCE AND
COOPERATION IN CUSTOMS MATTERS

The Government of Japan and the Government of theRepublic of Moldova (hereinafter referred to as “theContracting Parties”),
CONSIDERING that offences against Customs laws areprejudicial to the public security and the economic,
fiscal, social, cultural, public health and commercial
interests of their respective countries;
CONSIDERING that illicit traffic in narcotic drugs,
psychotropic substances, weapons, explosives and chemical,
biological and nuclear substances constitutes a danger topublic health and to society;
CONSIDERING the importance of assuring the accurate
assessment of Customs duties and other taxes collected atimportation or exportation, as well as of ensuring proper
enforcement of prohibitions, restrictions and control
measures by their Customs Administrations;
RECOGNISING the need for international cooperation inmatters related to the administration and enforcement of
the Customs laws of their respective countries;
HAVING regard to the international agreements
containing prohibitions, restrictions and special measuresof control in respect of specific goods;
CONVINCED that actions against Customs offence can bemade more effective by cooperation between their Customs
Administrations; andHAVING regard to the Recommendation of the Customs
Cooperation Council on Mutual Administrative Assistance ofDecember 5, 1953,

Have agreed as follows:
Article 1
Definitions
For the purposes of this Agreement:(a)“controlled delivery” shall mean the technique ofallowing illicit or suspect consignments, to passout of, through or into the Customs territory ofa country, with the knowledge and under thesupervision of the competent authorities of thatcountry, with a view to the investigation of anoffence and the identification of persons
involved in the commission of the offence;(b)“Customs Administration” shall mean, in Japan,
the Ministry of Finance, and, in the Republic ofMoldova, the Customs Service under the Ministryof Finance;(c)“Customs laws” shall mean the laws andregulations administered and enforced by theCustoms Administrations governing theimportation, exportation, transit, storage andmovement of goods, and placing of goods under any
other customs procedures, including measures ofprohibition, restriction and control of goods
falling under the competence of the Customs
Administrations;(d)“Customs offence” shall mean any violation or
attempted violation of Customs laws;(e） “Customs duties” shall mean all duties, taxes andfees which are levied in the Customs territory of
the country of each Contracting Party atimportation and exportation by their respective
Customs Administrations;(f)“Customs territory” shall mean the territory of
the country of each Contracting Party in which
the Customs laws of that country are in force;(g)“information” shall mean any data, documents,reports, authenticated copies thereof or othercommunications in any format, including
electronic data, in possession of the Customs
Administrations;(h)“official” shall mean any customs officer orother government agent designated by a Customs
Administration;(i)“person” shall mean any natural or legal person;(j） “international trade supply chain” shall mean allprocesses involved in the cross-border movementof goods from the place of origin to the place of
final destination;(k)“Requested Administration” shall mean the Customs
Administration from which assistance isrequested; and(l)“Requesting Administration” shall mean theCustoms Administration that requests assistance.
Article 2
Scope of the Agreement

1.
The Contracting Parties shall assist each otherthrough their respective Customs Administrations to ensure
proper application of Customs laws, and to prevent,investigate and repress any Customs offence, in accordancewith the provisions of this Agreement.
2.
The Contracting Parties shall through their respective
Customs Administrations make cooperative efforts for
simplification and harmonisation of their customsprocedures.
3.
This Agreement shall be implemented by the Contracting
Parties in accordance with the laws and regulations inforce in each country, and within the available resourcesof their respective Customs Administrations.
4.
The provisions of this Agreement shall not affect therights and obligations of the Contracting Parties underother international agreements.
5.
This Agreement is intended solely for mutual
assistance between the Contracting Parties. The provisionsof this Agreement shall not give rise to a right on thepart of any private person to obtain, suppress, or exclude
any information, or to impede in the execution of a request
for assistance made under this Agreement.

Article 3
Mutual Assistance1.
The Customs Administrations shall provide each other,on their own initiative or upon request, with information
which helps to ensure proper application of Customs laws
and the prevention, investigation and combating of Customs
offences and to ensure the security of the international
trade supply chain. Such information may include:(a)enforcement techniques having proved theireffectiveness;(b)

new trends, means or methods of committing
Customs offences;(c)

goods known or suspected to be the subject ofCustoms offences, as well as transport andstorage methods used in respect of these goods;(d)persons known or suspected to commit or to havecommitted Customs offences;(e)means of transport and containers, known orsuspected to be used or to have been used tocommit Customs offences in the Customs territoryof the country of either Customs Administration;(f)premises known or suspected to be used or tohave been used in connection with Customs
offences in the Customs territory of the countryof either Customs Administration;(g)deliveries and notifications of administrativedecisions and documents regarding the applicationof Customs laws; and(h)any other information that may be relevant forthe proper application of Customs laws.

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 offences in theCustoms territory of the country of the latter Customs
Administration.

3.
When either Customs Administration considers thatavailable information is relevant to serious Customs
offence 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 on its own initiative without delay.
Article 4
Assistance upon Request
1.
Upon request, the Requested Administration shallprovide the Requesting Administration with following
information:(a)whether goods imported into the Customs territoryof the country of the Requesting Administration
have been lawfully exported from the Customs
territory of the country of the Requested
Administration;(b)whether goods exported from the Customs territoryof the country of the Requesting Administration
have been lawfully imported into the Customs
territory of the country of the Requested
Administration; and(c)whether goods which have been transited throughthe Customs territory of the country of one
Customs Administration and are destined to theCustoms territory of the country of the other
Customs Administration have been lawfullytransited.

2.
The information provided pursuant to paragraph 1 ofthis Article shall, upon request, contain the customs
procedures used for clearing of the goods which are thesubject of the request.
Article 5Special Surveillance
Upon request, the Requested Administration shall,
within the limit of its available resources, exercise
special surveillance over and provide the Requesting
Administration with information on:(a)persons known to or suspected by the Requesting
Administration to have committed or to be about
to commit a Customs offence in the Customs
territory of the country of the Requesting
Administration, particularly those moving intoand out of the Customs territory of the countryof the Requested Administration;(b)

goods in transport or in storage notified by theRequesting Administration as giving rise to a
suspicion of being subject to illicit traffic
towards the Customs territory of the country ofthe Requesting Administration;(c)means of transport known to or suspected by theRequesting Administration to have been used or to
be about to be used in the commission of a
Customs offence in the Customs territory of thecountry of the Requesting Administration; and(d)premises known to or suspected by the Requesting
Administration to be used or to have been used inconnection with the commission of a Customs
offence in the Customs territory of the countryof the Requesting Administration.

Article 6
Form and Substance of Requests for Assistance1.
Requests for assistance under this Agreement shall bemade in writing or electronically, and shall be accompanied
by any information deemed useful to comply with therequest. When the urgency of the situation so requires,
requests may be made orally. Such requests shall be
confirmed in writing as soon as possible.
2.
Requests for assistance shall be made in the English
language. Any documents accompanying such requests shallbe translated, to the extent necessary, into the English
language.
3.
Requests for assistance pursuant to paragraph 1 ofthis 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 object and the reason for the request;

(d)the names and addresses of the persons to whom
the request relates, if known;(e)a brief description of the matter underconsideration and the legal elements involved;
and

(f)

a reference in accordance with paragraph 2 ofArticle 11 of this Agreement, if applicable.

Article 7
Presence of Officials in the Customs Territoryof the Country of the other Contracting Party
1.
The Requested Administration may allow officials of
the Requesting Administration to be present at the inquiry
conducted by the Requested Administration in the Customs
territory of the country of the Requested Administration.
2.
The presence of officials of the Requesting
Administration in the Customs territory of the country of
the Requested Administration shall be solely of an advisory
capacity and subject to the terms and conditionsestablished by the Requested Administration.
3.
When officials of the Requesting Administration arepresent in the Customs territory of the country of theRequested Administration, with the consent of and subject
to the conditions 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.

4.
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.

Article 8
Controlled Delivery
The Customs Administrations, in accordance with theirown competence and procedures as established in the laws
and regulations of their respective countries, may
cooperate in and exchange information on a controlled
delivery on a case-by-case basis.
Article 9
Use of Information and Confidentiality
1.
Information received pursuant to this Agreement shall
only be used for the purposes specified in paragraph 1 of
Article 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 that other authorities.
2.
Notwithstanding the second sentence of paragraph 1 ofthis 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 and in paragraph 3 of thisArticle, as well as in Article 10 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 and confidentiality extended to the same kind of
information under the laws and regulations of the countryof the Customs Administration providing the information
unless the Customs Administration providing the informationconsents to the disclosure of such information.
4.
This Article shall not preclude the use or disclosureof information insofar as it is established in the laws andregulations of the country of the Customs Administration
receiving the information. Whenever possible, the Customs
Administration receiving the information shall give priornotice of this disclosure to the Customs Administration
providing the information.

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.
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 Articlemay, 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 andregulations of the country of the other Contracting Party.
Article 11
Exemption
1.
In cases where the Contracting Party of the Requested
Administration is of the opinion that an assistance under
this Agreement would infringe upon the sovereignty,security, public policy or other substantial interest of
its country, or involve violation of industrial, commercial
or professional secrecy in the Customs territory of its
country, that assistance may be refused or withheld by theContracting Party, or may be made subject to thesatisfaction of certain conditions or requirements.
2.
In cases where the Requesting Administration would beunable to execute a similar request if it receives such arequest from the Requested Administration, it shall draw
attention to that fact in its request. Execution of such arequest 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 assistance can be given subject to any terms
or conditions as the Requested Administration may require.
Article 12
Technical Cooperation
The Customs Administrations shall cooperate, whennecessary and appropriate, in the areas of research,development and test of new customs procedures andenforcement aids and techniques, training activities ofcustoms officers, and exchange of personnel between them.
Article 13
Execution of Requests
1.
The Requested Administration shall take all reasonablemeasures to execute the request for assistance made under
this Agreement.
2.
In the event that a request for assistance cannot beexecuted, the Requesting Administration shall be promptly
notified of that fact, and provided with a statement of thereasons for refusal or postponement of the request. Thestatement may be accompanied by the relevant information,
which may be useful for the Requesting Administration inits further pursuit of the request.
3.
In cases where the Requested Administration is not theappropriate authority to comply with a request forassistance, it may promptly transmit the request to theappropriate authority which shall be under no obligation toreply to such a request.
Article 14Costs
1.
Expenses incurred in the implementation of thisAgreement shall be borne by the respective Contracting
Parties.
2.
If expenses of a substantial and extraordinary natureare or will be required in order to execute the request forassistance, the Contracting Parties shall consult todetermine the terms and conditions under which the request
will be executed as well as the manner in which the costs
will be borne.

Article 15
Implementation of the Agreement
1.
In applying this Agreement, the Contracting Parties
shall take the necessary measures to ensure, to the extent
possible, that their officials who are responsible forinvestigating or combating Customs offences maintainpersonal and direct relations with each other. The Customs
Administrations will provide each other with detailed
information of respective offices responsible for theimplementation of this Agreement.
2.
The Customs Administrations shall, as necessary andwithin their competence, consult with each other on anymatters which may arise in connection with theimplementation of this Agreement.
3.
Any difficulties or disputes related to theinterpretation or implementation of this Agreement shall besettled by mutual consultation between the Contracting
Parties.
4.
Detailed arrangements to implement this Agreement will
be made, as necessary, between the Customs Administrationsof the Contracting Parties.
Article 16
Entry into ForceThis Agreement shall enter into force on the first dayof the second month following the date on which theContracting Parties have notified each other, through theexchange of diplomatic notes, of the completion of theprocedures necessary for this purpose.
Article 17
Termination
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 18
Territorial Application
This Agreement shall apply to the Customs territoriesof both countries.
Article 19
Review
1.
The Contracting Parties may meet in order to review
this Agreement upon request.
2.
The Contracting Parties may, at any time, amend thisAgreement by mutual consent in writing through diplomaticchannels. Amendments shall enter into force under the same
conditions as provided for in Article 16 of this Agreement.
IN WITNESS WHEREOF, the undersigned, being duly
authorised by their respective Governments, have signed
this Agreement.
DONE at Chisinau on the twentieth day of January 2022
in duplicate, in the English language.

For the Government of JapanFor the Government of
the Republic of Moldova