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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 16-921
 

LAW ENFORCEMENT 

Customs 

Agreement Between the 

UNITED STATES OF AMERICA 

and TRINIDAD AND TOBAGO 

Signed at Port of Spain September 21, 2016 
 

 

 

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.” 
 

 

 

 

 

 

TRINIDAD AND TOBAGO 

Law Enforcement: Customs 

Agreement signed at Port of Spain 

September 21, 2016; 

Entered into force September 21, 2016. 
AGREEMENT BETWEEN 


THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND 


THE GOVERNMENT OF THE REPUBLIC OF TRINIDAD AND TOBAGO 


REGARDING MUTUAL ASSISTANCE 


BETWEEN THEIR 


CUSTOMS ADMINISTRATIONS 


The Government of the United States of America and the Government of the Republic of 

Trinidad and Tobago (hereinafter referred to individually as "the Party" and collectively as 

"the Parties"); 

Considering that offences against customs laws are prejudicial to the economic, fiscal and 

commercial interests oftheir respective countries; 

Considering also the importance of ensuring the accurate assessment of customs duties and 

other taxes; 

Recognizing the need for international cooperation in matters related to the administration 

and enforcement ofthe customs laws of their respective countries; 

Having regard to the international conventions containing prohibitions, restrictions and 

special measures of control in respect of specific goods; 

Convinced that action against customs offences can be made more effective by cooperation 

between their Customs Administrations; and 

Recalling the Recommendation of the Customs Cooperation Council regarding Mutual 

Administrative Assistance of December 5, 1953; 

Have agreed as follows: 
ARTICLE 1 


DEFINITIONS 


For the purposes of the present Agreement: 

"Customs Administration" means: 

a. 	 in the United States of America, United States Customs and Border 

Protection and United States Immigration and Customs Enforcement, 

which are both components of the U.S. Department of Homeland 

Security, or 

b. 	 in the Republic of Trinidad and Tobago, the Customs and Excise 

Division of the Ministry of Finance; 

"Customs laws" means the laws and regulations enforced by the Customs 

Administrations concerning the importation, exportation, transit or circulation of 

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

restrictions, and other similar controls with respect to the movement of controlled 

items across national boundaries; 

"Information" means data in any form, whether or not processed or analyzed) and 

documents, reports and other communications in any format, including electronic, 

certified, or authenticated copies thereof; 

"Customs offence" means any violation or attempted violation of the customs laws; 


"Person" means any natural or legal person; 


"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; 


"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; 

"Forfeiture" means the deprivation of property by order of a court or competent authority 

and includes confiscation where applicable; 

"Requesting Administration" or "requesting Party" means the Customs Administration or 

Party that requests assistance; and 
"Requested Administration" or "requested Party" means the Customs Administration or 

Party from which assistance is requested. 
ARTICLE2 

SCOPE OF AGREEMENT 

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

accordance with the provisions ofthis Agreement, in preventing, detecting, and 

investigating any customs offence. 

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 assistance between the Parties; the 

provisions ofthis 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 customs assistance 

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

in a manner that would restrict agreements, arrangements and practices relating to 

mutual assistance and cooperation in effect between the Parties. 
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 for processing passengers and cargo; 

b. 	 the successful application of enforcement aids and techniques; 

c. 	 enforcement actions that might be useful to suppress customs 

offences and, in particular, special means of combating customs 

offences; and 

d. 	 new methods used in committing customs offences. 

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 of all activities under this 

Agreement; 

c. 	 the consideration and testing ofnew equipment or procedures; and 

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

require their joint action. 
ARTICLE4 

SCOPE OF SPECIFIC ASSISTANCE 

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

goods exported from the territory of one Party have been lawfully imported into 

the territory of the other Party. Ifrequested, the information shall contain the 

customs procedure used for clearing the goods. 

2. 	 Upon request, and consistent with domestic laws, a Customs Administration shall 

exercise surveillance of: 

a. 	 persons known to have committed or suspected of being about to 

commit a customs offence within, toward, or through the territory of 

the requesting Party; 

b. 	 goods either in transport or in storage identified as giving rise to 

suspected illicit traffic within, toward, or through the territory of the 

requesting Party; 

c. 	 means of transport known to have been used or suspected of being 

used to commit a customs offence within, toward, or through the 

territory of the requesting Party; and 

d. 	 premises in the territory of the requested Party known to have been 

used or suspected of being used in connection with the commission of 

a customs offence within, toward or through the territory of the 

requesting Party. 

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

information regarding activities that may result in customs offences 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 Administrations from providing on their own 

initiative information regarding activities that may result in customs offences 

within the territory of the other Party. 

4. 	 The Parties may provide assistance: 

a. 	 through the use of provisional measures and forfeiture; and 

b. 	 in proceedings involving property subject to provisional measures or 

forfeiture. 
5. 	 The Parties may, consistent with this Agreement and with other agreements 

between the Parties 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 law of the Party in control ofthe property, proceeds, and 

instrumentalities; and 

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

regard to the requirement ofreciprocity, transfer forfeited property, 

proceeds, or instrumentalities, or the proceeds oftheir sale, to the 

other Party upon such terms as may be agreed. 

6. 	 The Customs Administrations may, by mutual arrangement, permit under their 

control, the movement of unlawful or suspect goods out of, through, or into their 

respective territory, with a view to investigating and combating customs offences. 

If granting such permission is not within the competence of the Customs 

Administration, that Customs Administration shall endeavor to initiate cooperation with the national authorities that have such competence, or shall transfer 

the case to those authorities. 
ARTICLES 


FILES AND DOCUMENTS 


1. 	 Upon request, the Customs Administrations shall provide information relating to 

the transportation and shipment of goods showing the value, destination, and 

disposition of those goods. 

2. 	 The requested Administration shall provide copies or properly certified copies of 

such files, documents, and other materials, as specified by the requesting 

Administration. A requesting Administration may request originals of files, 

documents, and other materials only where copies or properly certified copies 

would be insufficient. 

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. 	 Ifthe requested Administration agrees, officials designated by the requesting 

Administration may examine, in the offices ofthe requested Administration, 

information relevant to a customs offence 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 ofthe requested Administration 

or of any entity or individual outside ofthe requested Administration relating 

thereto shall remain unaffected. 
ARTICLE 6 

WITNESSES 

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

in judicial or administrative proceedings in the territory of the other 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. 
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 ofrequests 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, and no later than 13 

calendar days from the date ofthe oral request. 

2. 	 Requests shall include as much information as possible to assist the requested 

Administration in responding, including, but not limited to: 

a. 	 the name ofthe requesting Administration; 

b. 	 the nature ofthe matter or proceedings; 

c. 	 a brief statement ofthe facts and customs offences involved; 

d. 	 the reason for the request; 

e. 	 a description of the assistance requested; and 

f. 	 the names and addresses or other appropriate and available 

information regarding the persons 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. 	 Ifthe requested Administration is not the appropriate agency to execute a request, 

it may, in addition to advising the requesting Administration ofthe appropriate 

authority or applicable agreement, if known, transmit the request to the 

appropriate authority. 

3. 	 The requested Administration shall, to the fullest extent possible, conduct 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 a customs offence, 

as are necessary to execute a request. 

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

place of action to be taken in executing a request. 

5. 	 Upon request, the requested Party may authorize, to the fullest extent possible, 

officials ofthe requesting Administration to be present in the territory ofthe 

requested Party to assist in execution of a request. 

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

be followed to the extent that such procedure is not prohibited by the domestic 

law ofthe requested Party. 
ARTICLE9 

LIMITATIONS ON USE OF INFORMATION 

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

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 exchanged 

pursuant to this Agreement to the extent that there is an obligation to do so under 

the Constitution or domestic laws ofthe receiving Party in connection with any 

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

proposed disclosure to the supplying Party. 

5. 	 This Article shall not preclude the use or disclosure of information exchanged 

pursuant to this Agreement in connection with terrorism or other national security 

matters where there is an obligation to use or disclose such information under the 

receiving Party's applicable laws. 

6. 	 Ifthe information supplied to the receiving Party is found to be incorrect or 

should not have been exchanged, notification shall be made as soon as practicable 

by the supplying Party. Upon receipt of such notification, the Customs 

Administration that has received such information shall amend or delete the 

information supplied. 

7. 	 Information made public under paragraphs 2 or 4 ofthis Article may be used for 

any purpose. 

8. 	 Each respective Customs Administration shall establish or maintain local 

arrangements to ensure appropriate transmission, safekeeping, storage, handling 

and internal dissemination of confidential data, files and documents. 
ARTICLE 10 

EXEMPTIONS TO OBLIGATIONS TO PROVIDE ASSISTANCE 

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

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

would 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. 	 Ifthe requesting Administration would 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 ofthe 

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 require. 

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

shall be promptly notified and provided with a statement ofthe reasons for 

postponement or denial ofthe request. Circumstances that might be of 

importance for the further pursuit ofthe matter shall also be provided to the 

requesting Administration. 
ARTICLE 11 

COSTS 

l. 	 The requested Party shall normally pay all costs relating to the execution of the 

request, with the exception of: 

a. 	 expenses for experts and witnesses; and 

b. 	 the costs of translation, interpretation and transcription, which shall 

be paid for by the requesting Party. 

2. 	 Ifduring the execution of a request it becomes apparent that completion ofthe 

execution ofthe request will entail expenses of an extraordinary nature, the 

Customs Administrations shall consult to determine the terms and conditions 

under which execution may continue. 
ARTICLE 12 


IMPLEMENTATION OF THE AGREEMENT 


1. The Customs Administrations shall: 

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

out ofthis Agreement; 

b. 	 after consultation, issue any administrative directives necessary for 

the implementation of this Agreement; and 

c. 	 endeavor by mutual accord to resolve any questions or disputes 

arising from the interpretation or application ofthis Agreement. 

2. 	 Disputes that are not resolved by the Customs Administrations shall be settled 

amicably through diplomatic channels. 

3. 	 The Customs Administrations shall meet as necessary, or at the request of either 

Party in order to review the implementation ofthis Agreement. 

ARTICLE 13 

TERRITORIAL APPLICATION 

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

respective domestic laws and administrative provisions. 

ARTICLE 14 

AMENDMENT 

This Agreement may be amended at any time by mutual written agreement ofthe Parties. 
ARTICLE 15 

ENTRY INTO FORCE AND TERMINATION 

1. 	 This Agreement shall enter into force upon signature by both Parties. 

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

through diplomatic channels. The termination shall take effect three months from 

the date of notification of termination to the other Party. 

3. 	 Ongoing requests for assistance made prior to the effective date oftermination 


shall nonetheless be completed in accordance with the provisions of this 


Agreement. 


IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective 


Governments, have signed this Agreement. 


DONE, in duplicate, at for~o__\...g~ \~WartC on ,;;) l .$~~ 741 , 

in the English language. f . 

l_r ~- ~r.~-- _!-­ ~GOVERNMENT OF THE FOR THE GOVERNMENT OF 

UNITED ST A TES OF AMERICA: THE REPUBLIC OF TRINIDAD 

AND TOBAGO: