TREATIES AND OTHER INTERNATIONAL ACTS SERIES 07-430 

________________________________________________________________________ 

CUSTOMS 

 Agreement Between 

the UNITED STATES OF AMERICA 

and PAKISTAN 

Signed at Port Qasim April 30, 2007 

 
 NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
PAKISTAN 

Customs 

 Agreement signed at Port Qasim April 30, 2007; 

 Entered into force April 30, 2007. 

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ARTICLE 1

DEFINITIONS

For the purposes of the present Agreement:

1. the term "Customs Administration" means, in the United States of America, the United

States Customs and Border Protection and United States Immigration and Customs

Enforcement, Department of Homeland Security, and in the Islamic Republic of Pakistan,

the Central Board of Revenue;

2. the term "customs laws" means the laws and regulations enforced by the Customs

Administrations concerning the importation, exportation, and transit or circulation of

goods as they relate to customs duties, charges, and other taxes or to prohibitions,

restrictions, and other similar controls respecting the movement of controlled items

across national boundaries;

3. the term "information" means data in any form, documents, records, and reports or

certified copies thereof;

4. the term "offense" means any violation or attempted violation of the customs laws;

5. the term "person" means any natural or legal person;

6. the term "property" means assets of every kind, whether corporeal or incorporeal,

movable or immovable, tangible or intangible, and legal documents or instruments

evidencing title to or an interest in such assets;
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7. the term "provisional measures" includes "seizure" or "freezing," which means:

a. temporarily prohibiting the conversion, disposition, movement, or transfer of

property, or

b. temporarily assuming custody or control of property on the basis of an order

issued by a court or competent authority, or other means.

the term "forfeiture" means the deprivation of property by order of a court or competent

authority and includes confiscation where applicable;

the term "requesting Administration" means the Customs Administration that requests

assistance;

10. the term "requested Administration" means the Customs Administration from which

assistance is requested;
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ARTICLE 2

SCOPE OF AGREEMENT

1. The Parties, through their Customs Administrations, shall assist each other, in accordance

with the provisions of this Agreement, in preventing, investigating, and repressing any

offense.

2. Each Customs Administration shall execute requests for assistance made pursuant to this

Agreement in accordance with and subject to the limitations of its domestic law and

regulations, and within the limits of its competence and available resources.

3. This Agreement is intended solely for mutual legal assistance between the Parties; the

provisions of this Agreement shall not give rise to a right on the part of any private

person to obtain, suppress, or exclude any evidence, or to impede the execution of a

request.

4. This Agreement is intended to enhance and supplement mutual assistance practices in

effect between the Parties. No provision in this Agreement may be interpreted in a

manner that will restrict agreements and practices relating to mutual assistance and

cooperation in effect between the Parties.

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ARTICLE 3

SCOPE OF GENERAL ASSISTANCE

1. Upon request, a Customs Administration shall provide assistance in the form of

information in order to ensure the enforcement of the customs laws and the accurate

assessment of customs duties and other taxes by the Customs Administrations.

2. Upon request or upon its own initiative, a Customs Administration may provide

assistance in the form of information, including but not limited to information

concerning:

a. methods and techniques of processing passengers and cargo;

b. the successful application of enforcement aids and techniques;

c. enforcement actions that might be useful to suppress offenses and, in particular,

special means of combating offenses; and

d. new methods used in committing offenses.

3. The Customs Administrations shall cooperate in:

a. establishing and maintaining channels of communication to facilitate the secure

and rapid exchange of information;

b. facilitating effective coordination;

c. the consideration and testing of new equipment or procedures; and

d. any other general administrative matters that may from time to time require their

joint action.
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ARTICLE 4

SCOPE OF SPECIFIC ASSISTANCE

1. Upon request, the Customs Administrations shall inform each other whether goods

exported from the territory of a Party have been lawfully imported into the territory of the

other Party. If requested, the information shall contain the customs procedure used for

clearing the goods.

2. Upon request, the requested Customs Administration shall exercise to the extent of its

ability, legal competence and within the limits of its available resources, special

surveillance of:

a. persons known to the requesting Party to have committed a customs offense or

suspected of doing so, particularly those moving into and out of its territory;

b. goods either in transport or in storage identified by the requesting Party as giving

rise to suspected illicit traffic toward or through its territory; and

c. means of transport suspected of being used in offenses within the territory of the

requesting Party.

3. Upon request, the Customs Administrations shall furnish to each other information

regarding activities that may result in offenses within the territory of the other Party. In

situations that could involve substantial damage to the economy, public health, public

security, or similar vital interest of the other Party, the Customs Administrations,

wherever possible, shall supply such information without being requested to do so.

Nothing in this Agreement otherwise precludes the Customs Administration from

providing on its own initiative information regarding activities that may result in offenses

within the territory of the other Party.
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4. The Parties may provide assistance through the use of provisional measures and

fbrfeiture, and in proceedings involving property subject to provisional measures or

forfeiture.

The Parties may, consistent with this Agreement and with other agreements and

memoranda of understanding between them pertaining to the sharing and disposition of

forfeited assets:

a. dispose of property, proceeds, and instrumentalities forfeited as a result of

assistance provided under this Agreement in accordance with the domestic laws

of the Party in control of the property, proceeds, and instrumentalities; and

b. to the extent permitted by their respective domestic laws, and without regard to

the requirement of reciprocity, transfer forfeited property, proceeds, or

instrumentalities, or the proceeds of their sale, to the other Party upon such terms

as may be agreed.
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ARTICLE 5'

FILES AND DOCUMENTS

1. Upon request, the requested Customs Administration shall provide information relating

to transportation and shipment of goods showing value, destination, and disposition of

those goods.

2. A requesting Administration may request originals of files, documents, and other

materials only where copies are insufficient. Upon request, the requested Administration

shall provide properly certified copies of such files, documents, and other materials.

3. Unless the requesting Administration specifically requests originals or copies, the

requested Administration may transmit computer-based information in any form. The

requested Administration shall supply all information relevant for interpreting or utilizing

computer-based information at the same time.

4. If the requested Administration agrees, officials designated by the requesting

Administration may examine, in the offices of the requested Administration, information

relevant to an offense and make copies thereof or extract information therefrom.

5. Originals of files, documents, and other materials that have been transmitted shall be

returned at the earliest opportunity; any rights of the requested Party or of third parties

relating thereto shall remain unaffected.
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ARTICLE 6

WITNESSES

1. The requested Administration may authorize its employees to appear as witnesses in

judicial or administrative proceedings in the country of the requesting Party and to

produce files, documents, or other materials or certified copies thereof.

2. Where a customs official requested to appear as a witness is entitled to diplomatic or

consular immunity, the requested Party may agree to a waiver of immunity under such

conditions as it determines to be appropriate.
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ARTICLE 7

COMMUNICATION OF REQUESTS

1. Requests pursuant to this Agreement shall be made in writing directly between officials

designated by the Heads of the respective Customs Administrations. Information deemed

useful for the execution of requests shall accompany the request. In urgent situations.

oral requests may be made and accepted, but shall be promptly confirmed in writing as

expeditiously as possible, but no later than 10 days from the date of the oral request.

2. Requests shall include:

a. the name of the authority making the request;

b. the nature of the matter or proceedings;

c. a brief statement of the facts and offenses involved;

d. the reason for the request; and

e. the names and addresses of the parties concerned in the matter, or proceeding, if

known.
ARTICLE 8

EXECUTION OF REQUESTS

1. The requested Administration shall take all reasonable measures to execute a request and

shall endeavor to secure any official measure necessary for that purpose.

2. If the requested Administration is not the appropriate agency to execute a request, it shall

promptly transmit it to the appropriate agency and so advise the requesting

Administration.

3. The requested Administration shall conduct to the fullest extent possible, or permit the

requesting Administration to conduct, such inspections, verifications, fact-finding

inquiries, or other investigative steps, including the questioning of experts, witnesses, and

persons suspected of having committed an offense, as are necessary to execute a request.

4. Upon request, the requesting Administration shall be advised of the time and place of

action to be taken in execution of a request.

5. Upon request, the requested Party may authorize officials of the requesting Party, to be

present in the country of the requested Party to assist in execution of a request.

6. The requested Administration may comply with a request that a certain procedure be

followed provided such procedure is not prohibited by the domestic law of the requested

Party.
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ARTICLE 9

LIMITATIONS OF USE

1. Information obtained under this Agreement shall be afforded the same degree ot .

confidentiality by the receiving Party that it applies to similar information in its custody.

2. Information obtained under this Agreement may only be used or disclosed for the

purposes specified in this Agreement, including use by the receiving Party in any

proceedings. Such information may be used or disclosed for other purposes or by other

authorities of the receiving Party if the supplying Customs Administration has expressly

approved such use or disclosure in writing.

3. Information received by either Party shall upon request of the supplying Party, be treated

as confidential. The reasons for such a request shall be stated.

4. This Article shall not preclude the use or disclosure of information to the extent that there

is an obligation to do so under the Constitution of the receiving Party in connection with

a criminal prosecution. The receiving Party shall give advance notice of any such

proposed disclosure to the supplying Party.

5. Information made public in the territory of the receiving Party under paragraphs 2 and 4

of this Article may be used for any purpose.
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ARTICLE 10

EXEMPTIONS

1. Where a requested Party determines that granting assistance will infringe upon the

sovereignty, security, public policy or other substantive national interest of its country, or

will be inconsistent with its domestic law and regulations, including any legal

requirement relating to non-compliance with assurances regarding limitations on use or

confidentiality, it may refuse or withhold assistance, or may grant it subject to the

satisfaction of certain conditions or requirements.

2. If the requesting Administration will be unable to comply if a similar request were made

by the requested Administration, it shall draw attention to that fact in its request.

Compliance with such a request shall be at the discretion of the requested Administration.

3. The requested Administration may postpone assistance on the ground that it will interfere

with an ongoing investigation, prosecution, or proceeding. In such instance, the

requested Administration shall consult with the requesting Administration to determine if

assistance can be given subject to such terms or conditions as the requested

Administration may determine.

4. In the event that a request cannot be complied with, the requesting Administration shall

be promptly notified and provided with a statement of the reasons for postponement or

denial of the request. Circumstances that might be of importance for further pursuit of

the matter shall also be provided to the requesting Administration.
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ARTICLE 11

COSTS

1. The Requested Party shall normally pay all costs relating to the execution of the request,

with the exception of expenses for experts and witnesses and the costs of translation,

interpretation and transcription.

2. If during the execution of a request it becomes apparent that completion of the execution

of the request will entail expenses of an extraordinary nature, the Customs

Administrations shall consult to determine the terms and conditions under which

execution may continue.
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ARTICLE 12

IMPLEMENTATION OF THE AGREEMENT

1. The Customs Administrations shall:

a. communicate directly for the purpose of dealing with matters arising out of this

Agreement;

b. after consultation, issue any administrative directives necessary for the

implementation of this Agreement; and

c. endeavor by mutual accord to resolve problems or questions arising from the

interpretation or application of this Agreement.

2. Conflicts for which no solutions can be found will be settled by diplomatic means.

3. The Customs Administrations of the Parties agree to meet periodically as necessary at the

request of either Party in order to review the implementation of this Agreement.
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ARTICLE 13

APPLICATION

This Agreement shall be applicable to the Customs territories of the Parties as defined in their

domestic legal and administrative provisions.

ARTICLE 14

ENTRY INTO FORCE AND TERMINATION

1. This Agreement shall enter into force upon signature.

2. Either Party may terminate this Agreement at any time by notification through diplomatic

channels. The termination shall take effect three months from the date of notification of

termination to the other Party. Ongoing proceedings at the time of termination shah

nonetheless be completed in accordance with the provisions of this Agreement.

3. This Agreement may be amended at any time by mutual written agreement.