This document has been provided by the International Center for Not ...

More documents

Recommendations

Info

Customs Code of Republic of Albaniaconditions referred to in paragraph 1 of thisarticle are fulfilled.3. This article shall not apply where:a) the act of smuggling is committed by astate officer or employee, a customsagent, or any other person whoseactivity is connected to that of customsauthorities; orb) the violator possesses the subject ofsmuggling as a consequence of acriminal act; orc) the goods subject of smuggling areprohibited or restricted goods, asreferred to in Article 83 (2) of thisCode, or they are goods of nationalcultural value;d) the violator is a recidivist.Article 292The competent judicial authorities, based onthe penal charges, pressed by the customsauthorities in accordance with Article 288 ofthis Code, shall start the necessary proceduresfor the penal proceeding.Article 2931. The judicial policy authorities referred to inArticle 9(4) of this Code have the right toarrest and detain, according to Article 251 and253 of the Criminal Procedures Code, personswho have committed smuggling.2. When the person is released in accordancewith Article 291(2) the respective file togetherwith the decision for the solution of the case inadministrative way shall be sent to thecompetent judicial Authorities within 24 hours.Article 2941. The customs officers may be authorized bythe Head of competent Customs authorities toaccess information, or search for evidences oncustoms violations referred to in this Code andits Implementing Provisions.2. This information may be searched andobtained at the proper places of productionactivity or commercial premises, and in anyother places where documents or recordsrelated to the goods subject of the customsviolations are kept. The information regardingsmuggling, when the penal proceeding hasstarted, is gathered in accordance with theprovisions of the Criminal Procedure Code.Article 295All civil public institutions and the border andorder police, as well as all their members ordependents are obliged to assist the customsauthorities in the enforcement of the customsmatters and rules, whenever those authoritiesso demand.Article 296The revenue deriving from the application ofsanctions and sale of confiscated subjects ofsmuggling, shall be divided as follows:a) 50 % to the State budget;b) the remaining 50% shall be dividedaccording to the percentage determinedby the Minister of Finance as follows:i) investments and expenses for theimprovement of the workingconditions for the personnel;ii) incentives for the customs personnelwhich has participated, directly orindirectly, in the discovery andverification of these violations;iii) incentives for the informers whohave enabled the discovery of theviolations.TITLE IXFINAL PROVISIONSArticle 297\\Ds2\admin\Kareem - Online Library Rebuild (Do Not Delete)\Pending\Albania\Customs Code of Albania (eng).doc
Customs Code of Republic of Albania1. The transition period lasts one month fromthe date of the entry into force of this Code andits Implementing Provisions. With theexception of the provisions of Title VIII of thisCode, during this transition period theprocedures provided for in Law No. 7599,dated 02/09/1992 “For the Customs Code ofthe Republic of Albania” and further changes,shall continue to be applied.2. At the end of the transition period thefollowing Laws shall be repealed:(1) Law No. 7599, date 02.09.1992, “Forthe Customs Code of the Republic ofAlbania”.(2) Law No. 8020, date 01.11.1995, “Forsome changes in Law No. 7599, date02.09.1992, “For the Customs Code ofthe Republic of Albania”.(3) Law No. 8148, date 11.09.1996, “Forthe approval with some changes of theDecree No. 1578, date 13.08.1996 “Forsome changes in Law No. 7599, date02.09.1992, ‘For the Customs Code ofthe Republic of Albania’.(4) Law No. 8263, date 15.12.1997, “Foran amendment in the Law No. 7599,date 02.09.1992, “For the CustomsCode of the Republic of Albania”.(5) Law No. 8187, date 23.01.1997, “Forthe Customs Value” shall be repealed(6) The articles 1, 3, 17, 18, 19, 20/1, 20/2,20/3, 20/4, 20/5, 21 of Law No.7609,date 22.09.1992 “For the customsTariffs”, amended by other laws, aswell as any other provision of this Lawthat does not comply with this Code;(7) In the Decree No. 1074, date02.04.1995, “For the dissolution of theFinance Police and creation of theCustoms Police and Taxation Police”,approved by Law No. 7938, date24.05.1995, the provisions regardingthe Customs Police shall be repealed.(8) In Decree No. 1701, date 09.01.1997.“For an addition to the Decree No.1074, date 02.04.1995, “For thedissolution of the Finance Police andcreation of the Customs Police andTaxation Police”, approved by Law No.7938, date 24.05.1995, the provisionsregarding the Customs Police shall berepealed.(9) as well as any other provision whichdoes not comply with this Code.(10) the new customs taxes shall come intoforce after 31 March 1999, with aspecific Law.Article 298In the transition period between the approvalof this Code by the Parliament until the daywhen it comes into force, the Council ofMinisters is entitled to approve theImplementing Provisions of this Code, in thefield of the organization of the customsadministration, the factors on the basis ofwhich the customs duties shall beimplemented, provisions applicable for thegoods entering or leaving the customs territory,of the customs approved treatment or use,privileged operations and the customs debt, aswell as in the field of the customs violations,which shall come into force on the same datewhen this Code comes into force.Article 299This Law shall enter into force 15 days afterthe publication on the Official Journal.\\Ds2\admin\Kareem - Online Library Rebuild (Do Not Delete)\Pending\Albania\Customs Code of Albania (eng).doc
Page 1 and 2:
This document has been provided by
Page 3 and 4:
Customs Code of Republic of Albania
Page 5 and 6:
Page 7 and 8:
Page 9 and 10:
Page 11 and 12:
All information which is by nature
Page 13 and 14:
Page 15 and 16:
Page 17 and 18:
actually paid or payable for theimp
Page 19 and 20:
Page 21 and 22: Customs Code of Republic of Albania
Page 47 and 48: consideration in determining the am
Page 71: Customs Code of Republic of Albania
show all

This document has been provided by the International Center for Not ...

Create successful ePaper yourself

Delete template?

Save as template?