TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13062 

________________________________________________________________________ 

CUSTOMS 

Assistance

 Agreement Between the 

UNITED STATES OF AMERICA 

and COLOMBIA 

Signed at Miami September 21, 1999 

 
 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.” 
 COLOMBIA 

 Customs: Assistance 

Agreement signed at Miami September 21, 1999; 

Entered into force September 21, 1999. 
AGREEMENT BETWEEN

THE UNITED STATES CUSTOMS SERVICE

AND

THE NATIONAL TAX AND CUSTOMS DIRECTORATE

OF THE REPUBLIC OF COLOMBIA

REGARDING MUTUAL ASSISTANCE

The United States Customs Service and the National Tax and Customs Administration

of the Republic of Colombia,

CONSIDERING that offenses against customs laws are prejudicial to the economic,

fiscal and commercial interests of their respective countries;

CONSIDERING the importance of assuring the accurate assessment of customs duties

and other taxes;

RECOGNIZING the need for international cooperation in matters related to the

application and enforcement of the 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 offenses can be made more effective by

cooperation between their Customs Administrations; and

HAVING REGARD to the Recommendation of the Customs Cooperation Council

regarding Mutual Administrative Assistance of December 5, 1953;

HAVE AGREED as follows:
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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 Service, Department of the Treasury, and in the

Republic of Colombia, the National Tax and Customs Directorate, Ministry of

Finance and Public Credit, or the Administration that replaces it;

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

Customs Administrations concerning the importation, exportation, and transit

of goods and any other related transactions or operations;

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

and copies thereof, which may be certified or authenticated;

4. the term "offense" means any violation of the customs laws and related

provisions;

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;

7. the term "provisional measures" means any measures that temporarily prohibit

the transfer, conversion, disposition or movement of property or that permit the

temporary assumption of custody or control of property on the basis of an

order issued by a court or other competent authority. Those measures may

consist of the seizure, deprivation, retention or detention of property in

accordance with the domestic law of the State of each Customs

Administration;

8. the term "forfeiture" means the permanent deprivation of property in favor of

the State by order of a court or other competent authority;

9. the term "requesting Customs Administration" means the Customs

Administration that requests assistance; and

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

Administration from which assistance is requested.
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ARTICLE 2

SCOPE OF AGREEMENT

1. The 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 its domestic law and

regulations, and within its competence and jurisdiction.

3. This Agreement is intended solely for mutual assistance between the Customs

Administrations, the provisions of this Agreement shall not give rise to a right

on the part of any private person, or governmental entity to obtain, suppress, or

exclude any evidence, or to impede the execution of a request.

ARTICLE 3

SCOPE OF GENERAL ASSISTANCE

1.	Upon request, the requested Customs Administration shall assist the requesting

Customs Administration by providing information necessary to ensure the

enforcement of customs law and the accurate assessment of customs duties and

other taxes.

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

provide assistance to the other Customs Administration in the form of

information, including, inter alia, information concerning:

a. methods, techniques and procedures related to processing passengers

and cargo;

b. successful techniques applied to prevent and combat offenses;

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

particular, special means of combating offenses; and

d. new methods commonly 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 administrative matters that may considered by the Customs

Administrations, necessary to reach the purposes of this Agreement.
4ARTICLE 4

SCOPE OF SPECIFIC ASSISTANCE

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

goods exported from the territory of the State of the requesting Customs

Administration have been lawfully imported into the territory of the State of

the other Customs Administration. If requested, the information shall contain

the customs procedure used for clearing the goods.

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

of its ability and within the limits of its resources, special surveillance of and

provide information concerning:

a. persons known to the requesting Customs Administration to have

committed an offense or suspected of doing so;

b. goods identified by the requesting Customs Administration as giving

rise to suspected illicit traffic toward the territory of the requesting

Customs Administration;

c. means of transport suspected of being used in the commission of

offenses within the territory of the requesting Customs Administration;

and

methods and sources of payment for goods presumed to have been

involved in the commission of an offense.

3.	Upon request or on their own initiative, the Customs Administrations shall

furnish to each other information regarding activities that may result in

offenses within the territory of the State of the other Customs Administration.

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

health, public security, environment or similar vital interest of the State of the

other Customs Administration, the Customs Administrations, wherever

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

4.	The Customs Administrations shall provide assistance through the use of

provisional measures and forfeiture in accordance with their domestic law.

5.	The Customs Administrations may to the extent permitted by their respective

domestic laws, regulations and other agreements or memoranda of

understanding between the United States and Colombia pertaining to the

sharing and distribution of forfeited assets, agree to:

a. dispose of property and proceeds forfeited as a result of assistance

provided under this Agreement; and

b. transfer forfeited property, funds, or the proceeds of their sale, to the

other Customs Administration upon such terms as may be agreed.
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ARTICLE 5

FILES AND DOCUMENTS

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

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

disposition of those goods.

2. Upon request, the requested Customs Administration shall, consistent with the

exemptions set forth in Article 10, provide copies of files, documents, and

other materials.

3. Unless the requesting Customs Administration specifically requests copies of

files, documents and other materials, the requested Customs Administration

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

Customs Administration shall supply all information relevant for interpreting

or utilizing computer-based information at the same time.

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

requesting Customs Administration may examine, in the offices of the

requested Customs Administration, the books, records, and other documents or

media that contain information relevant to an offense or alleged offense, and

make copies thereof or extract information therefrom.

5. Any materials that have been transmitted by one Customs Administration to

the other shall be returned at the earliest opportunity. The rights of the

requested Customs Administration or of third parties relating thereto shall be

unaffected.

ARTICLE 6

EXPERTS

1. Upon request of a Customs Administration, in accordance with appropriate

procedures, employees or experts of the requested Customs Administration

may appear in judicial or administrative proceedings in the territory of the

requesting Customs Administration and produce files, documents, or other

materials considered essential for the corresponding procedure.

2. The requesting Customs Administration shall afford the employee or expert the

protection and legal support necessary, and will assume the costs brought about

by the appearance of the employee or expert.
ARTICLE 7 6

COMMUNICATION OF REQUESTS

1. Requests for assistance 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 for

assistance shall accompany the request. In urgent situations, oral requests may

be made and accepted, but shall be promptly confirmed in writing.

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 involved in the matter, if known.

ARTICLE 8

EXECUTION OF REQUESTS

1. The requested Customs Administration shall take all reasonable measures to

execute a request.

2. If the requested Customs Administration is not the appropriate agency to

execute the request, it shall promptly transmit it to the appropriate agency and

so advise the requesting Customs Administration.

3. Where a Customs Administration requests collaboration or cooperation in an

investigation or procedure to be executed pursuant to its request, the requested

Customs Administration may authorize the collaboration or cooperation as

observers solely within the terms and conditions of its domestic law and

regulations.

4. Upon request, the requested Customs Administration will seek authorization in

accordance with its domestic law for officials of the requesting Customs

Administration to be present in the territory of the State of the requested

Customs Administration to assist in the execution of a request as observers.

5. The requested Customs Administration may, consistent with its domestic law

and regulations, conduct such inspections, verifications, fact-finding inquiries,

or other investigative measures, including the questioning of experts,

witnesses, and persons suspected of having committed an offense, as are

necessary to execute a request.

6. If a Customs Administration so requests, it shall be advised of the time and

place of action to be taken in response to its request.

7. If one Customs Administration requests that a certain procedure be followed,

the request shall be fulfilled in accordance with such procedure subject to the

domestic law of the requested Customs Administration.
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ARTICLE 9

CONFIDENTIALITY OF INFORMATION

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

of confidentiality by the receiving Customs Administration that it applies to

similar information that it would have obtained in the territory of its respective

State.

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

the purposes specified in this Agreement, including use in judicial,

administrative, or investigative proceedings. Such information may be used or

disclosed for other purposes or by other authorities only if the supplying

Customs Administration has expressly approved such use or disclosure in

writing.

3. Upon request of the requested Customs Administration, the requesting

Customs Administration, in accordance with its domestic law and regulations,

shall treat information received as confidential except to the extent necessary to

fulfill the purposes of this Agreement or to the extent that the requested

Customs Administration has given its consent. The requested Customs

Administration shall state its reasons for making a request for confidentiality.

4. Where the Customs Administration requested to treat information as

confidential, considers that fulfilling this request may violate its constitutional

obligations, in relation to criminal proceedings it will be exempted from doing

so. In such cases, the requesting Customs Administration shall notify in

advance the need for the disclosure of the information and the reasons therefor.

ARTICLE 10

EXEMPTIONS

1. Where a requested Customs Administration determines that granting assistance

would infringe upon its sovereignty, security, public order or other substantive

national interest, or would be inconsistent with its domestic law and

regulations, it may refuse assistance.

2. If the requesting Customs Administration would be unable to comply if a

similar request were made by the requested Customs Administration, it shall

draw attention to that fact in its request. Compliance with such a request shall

be at the discretion of the requested Customs Administration.

3. The requested Customs Administration may postpone assistance on the ground

that it will interfere with an ongoing investigation, prosecution, or proceeding.

In such instance, the requested Customs Administration shall consult with the

requesting Customs Administration to determine if assistance can be given

subject to certain terms or conditions.

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

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 the further pursuit of the matter shall also be provided to

the requesting Customs Administration.
ARTICLE 11

ADMINISTRATIVE COOPERATION

The Customs Administrations will, to the extent of their ability and within the limits

of their available resources, cooperate in the modernization of their Customs

Administrations to include, inter alia:

1. organization, structures, working methods and procedures;

2. the exchange of technical experts, trainers and other personnel;

3. the development and improvement of training programs and staffs;

4. assist in the identification of financial and technological resources to be used in

accordance with this Agreement;

5. the establishment of partnerships between the private sector and their Customs

Administrations for the purpose of preventing and repressing offenses;

6. the operation and/or use of chemical laboratories and other technical services;

and

7. any other administrative matters that may be considered by the Customs

Administrations, necessary to reach the purposes of this Agreement.

ARTICLE 12

COSTS

1. The Customs Administrations shall normally waive all claims for

reimbursement of costs incurred in the implementation of this Agreement with

the exception of expenses for experts and costs of translators and interpreters

other than government employees.

2. If expenses of a substantial and extraordinary nature are or will be required to

execute the request, the Customs Administrations shall consult to determine

the terms and conditions under which the request will be executed as well as

the manner in which the costs shall be borne.

8
9

ARTICLE 13

IMPLEMENTATION OF THE AGREEMENT

The United States Customs Service, Department of the Treasury of the United States

of America, and the National Tax and Customs Directorate, Ministry of Finance and

Public Credit of the Republic of Colombia shall:

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

out of this Agreement;

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

implementation of this Agreement; and

3. attempt to resolve by mutual accord problems or questions arising from

the interpretation or application of the Agreement.

ARTICLE 14

APPLICATION

This Agreement shall be applicable to the Customs territory of the States of both

Customs Administrations as defined in their legal and administrative provisions.

ARTICLE 15

ENTRY INTO FORCE AND TERMINATION

1. This Agreement shall enter into force on signature.

2. Either Customs Administration may terminate this Agreement at any time by

direct notification. The termination shall take effect three months from the

date of notification of termination to the other Customs Administration.

Ongoing proceedings at the time of termination shall be completed in

accordance with the provisions of this Agreement.

3. The Customs Administrations shall meet in order to review this Agreement as

necessary, or at the end of five years from its entry into force, unless they

notify one another in writing that no review is necessary.
10

IN WITNESS WHEREOF, the undersigned, being duly authorized have signed this

Agreement.

DONE at Miami, in duplicate, this twenty-first day of September 1999, in the English

and Spanish languages, both texts being equally authentic.

FOR THE UNITED STATES	FOR THE NATIONAL TAX AND

CUSTOMS SERVICE	CUSTOMS DIRECTORATE OF THE

REPUBLIC OF COLOMBIA