Cmaa Agreement

Customs cooperation between the EU and the United States is based on the Customs Cooperation and Mutual Assistance Agreement (`1997 Agreement`), signed in The Hague on 28 May 1997 and entered into force on 1 August 1997. The agreement forms the legal framework for customs cooperation and mutual assistance and establishes the Joint Committee for Customs Cooperation (`JCCC`), made up of representatives of customs authorities from both sides. The CCM is responsible for monitoring the implementation and ensuring that the agreement works. The scope of the 1997 agreement was expanded by an agreement signed in Washington D.C on April 22, 2004 (the “2004 Agreement”). The 2004 agreement extends customs cooperation between the EU and the US to security of the supply chain and, in particular, cooperation in the area of the US Container Security Initiative (ITC). It foresees a rapid and successful extension of ISCs to all EU ports meeting the requirements. The 2004 agreement also provides for a work programme for other implementation measures, including the development of standards for risk management techniques, information to be introduced into the parties to identify high-risk shipments and cross-sector partnership programmes. The CCM is responsible for monitoring the implementation and smooth running of the 2004 agreement. A CMAA generally includes articles relating to areas in which the Customs Administration will assist each other, such as ensuring the application of customs legislation, collecting specific customs duties and other taxes, as well as verifying the classification, assessment and origin of goods. In addition, the prevention, investigation and fight against customs offences, the creation of communication channels, the exchange of relevant information and the behaviour of official witnesses are also covered by the agreement. Terms and conditions are an integral part of the construction contract for each project and are incorporated by reference to the owner/contractor or the CM/Contractor contract. They define the rights, responsibilities and relationships of the owner, contractor and CM. In June 1967, the Customs Cooperation Council (CCC), known since 1994 as the World Customs Organization (WCO), adopted a model of a bilateral mutual assistance agreement between countries, which must be implemented within the framework of a national customs policy.

Since joining the CCC in 1970, U.S. Customs and Border Services have used this model as a basis for negotiating customs mutual assistance agreements (AMACs) with other foreign jurisdictions. National and foreign courts recognize each agreement as a legal basis for global cooperation. The agreements allow for the exchange of information, information and documents that will ultimately help countries prevent and investigate customs violations. The agreements are particularly useful for the offices of the U.S. attaché, as each agreement is tailored to the national capabilities and policies of the customs administration of a single country. In June 1967, the Customs Cooperation Council (CCC), which changed its name to the World Customs Organization (WHO), defined the content of the “customs mutual assistance agreement model”; and most of the countries participating in the WCO are adopting this model as a project for the signing of a CMAA.

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