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Overview Report: Canada's Customs Mutual Assistance Agreements

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Overview Report: Canada's Customs Mutual Assistance Agreements Commission of Inquiry into Money Laundering in British Columbia Overview Report: Canada’s Customs Mutual Assistance Agreements A. Scope of Overview Report 1. This overview report sets out information related to Canada’s in force Customs Mutual Assistance Agreements (CMAAs) and its memorandum of understanding related to exports with the United States. Its purpose is to provide background and contextual information to support viva voce evidence to be called during Commission hearings. B. Canada’s CMAAs 2. The Agreement between the Government of Canada and the Government of the Argentine Republic on Mutual Assistance in Customs Matters (the “Argentina CMAA”) was entered into 15 May 2017 and came into force 29 March 2018. The Argentina CMAA is attached as Appendix “A”. 3. The Agreement between the Government of Canada and the Government of the Republic of Chile on Mutual Administrative Assistance in Customs Matters (the “Chile CMAA”) was entered into 13 April 2015 and came into force 10 May 2017. The Chile CMAA is attached as Appendix “B”. 4. The Exchange of Notes (July 21, October 29 and November 9, 1942) between Canada and the United States of America respecting Customs Privileges for Government Employees (the “US Customs Privileges Agreement”) came into force on 9 November 1942. The US Customs Privileges Agreement is attached as Appendix “C”. 5. The Agreement between Canada and the United States of America regarding Mutual Assistance and Co-operation between their Customs Administrations (the “US CMAA”) was entered into 20 June 1984 and came into force 8 January 1985. The US CMAA is attached as Appendix “D”. 6. The Agreement on Land, Rail, Marine, and Air Transport Preclearance between the Government of Canada and the Government of the United States of America (the “US Preclearance Agreement”) was entered into 16 March 2015 and came into force 15 August 2019. The US Preclearance Agreement is attached as Appendix “E”. 1 Commission of Inquiry into Money Laundering in British Columbia 7. The Agreement between the Government of Canada and the Government of the People's Republic of China on Cooperation and Mutual Administrative Assistance in Customs Matters (the “China CMAA”) was entered into 8 November 2014 and came into force 11 May 2015. The China CMAA is attached as Appendix “F”. 8. The Agreement between Canada and the European Union on Customs Cooperation with Respect to Matters Related to Supply-Chain Security (the “EU CMAA”) was entered into 4 March 2013 and came into force 1 November 2013. The EU CMAA is attached as Appendix “G”. 9. The Agreement between the Government of Canada and the Government of the State of Israel on Mutual Assistance in Customs Matters (the “Israel CMAA”) was entered into 11 December 2012 and came into force 24 July 2013. The Israel CMAA is attached as Appendix “H”. 10. The Agreement between the Government of Canada and the Government of the Republic of South Africa regarding Mutual Assistance between their Customs Administrations (the “South Africa CMAA”) was entered into 30 October 2009 and came into force 9 November 2010. The South Africa CMAA is attached as Appendix “I”. 11. The Agreement between the Government of Canada and the Government of the Kingdom of the Netherlands on Mutual Administrative Assistance in Customs Matters (the “Netherlands CMAA”) was entered into 14 August 2007 and came into force 1 September 2010. The Netherlands CMAA is attached as Appendix “J”. 12. The Exchange of Notes constituting an Amendment to the Agreement between the Government of Canada and the Government of the Kingdom of the Netherlands on Mutual Administrative Assistance in Customs Matters, done in Ottawa on 14 August 2007 (the “Netherlands CMAA Amendment”) came into force 1 December 2010. The Netherlands CMAA Amendment is attached as Appendix “K”. 13. The Agreement between Canada and the European Community on Customs Cooperation and Mutual Assistance in Customs Matters (the “European Community 2 Commission of Inquiry into Money Laundering in British Columbia CMAA”) was entered into 4 December 1997 and came into force 1 January 1998. The European Community CMAA is attached as Appendix “L”. 14. The Agreement on Mutual Assistance between Canada and France for the Prevention, Investigation and Suppression, by the Customs Administrations of both Countries, of Customs Offences (the “France CMAA”) was entered into 9 January 1979 and came into force 1 May 1979. The France CMAA is attached as Appendix “M”. 15. The Protocol to the Agreement on Mutual Assistance between Canada and France for the Prevention, Investigation and Suppression, by the Customs Administrations of both Countries, of Customs Offences dated January 9, 1979 (the “France CMAA Protocol”) was entered into 6 November 1990 and came into force 1 January 1991. The Franca CMAA Protocol is attached as Appendix “N”. 16. The Agreement between the Government of Canada and the Government of the United Mexican States regarding Mutual Assistance and Co-operation between their Customs Administrations (the “Mexico CMAA”) was entered into 16 March 1990 and came into force 21 September 1990. The Mexico CMAA Is attached as Appendix “O”. 17. The Agreement between the Government of Canada and the Government of the Republic of Korea for Mutual Assistance concerning Customs Co-operation (the “Korea CMAA” was entered into 1 July 1986 and came into force 3 July 1986. The Korea CMAA is attached as Appendix “P”. 18. The Agreement between the Government of Canada and the Government of the Federal Republic of Germany regarding Mutual Assistance and Co-operation between their Customs Administrations (the “Germany CMAA”) was entered into 10 September 1984 and came into force 23 January 1986. The Germany CMAA is attached as Appendix “Q”. 19. The Exchange of Notes relative to the Renunciation of the Rights of His Majesty's Government in Canada to Benefit by the Provisions of Existing Treaties Limiting the Right of China to Settle Her National Customs Tariffs or to Impose Dues as She May Think Fit 3 Commission of Inquiry into Money Laundering in British Columbia was entered into and came into force 20 December 1928 (the “China Exchange of Notes”). The China Exchange of Notes is attached as Appendix “R”. C. Export MOU with the United States 20. The Memorandum of understanding on the exchange of import data, with annexes was signed and entered into force July 29, 1987 (the “US Export MOU”). The US Export MOU is attached as Appendix “S”. 4 CANADA TREATY SERIES 2018/6 RECUEIL DES TRAITÉS ARGENTINA / CUSTOMS Agreement between the Government of Canada and the Government of the Argentine Republic on Mutual Assistance in Customs Matters Done at Buenos Aires on 15 May 2017 In Force: 29 March 2018 _______________________________________________________ ARGENTINE / DOUANES Accord entre le gouvernement du Canada et le gouvernement de la République argentine concernant l`assistance mutuelle en matière douanière Fait à Buenos Aires le 15 mai 2017 En vigueur : le 29 mars 2018 _______________________________________________________ Appendix A © Her Majesty the Queen in Right of Canada, as © Sa Majesté la Reine du Chef du Canada, représentée represented by the Minister of Foreign Affairs, 2019 par le ministre des Affaires étrangères, 2019 The Canada Treaty Series is published by Le Recueil des traités du Canada est publié par the Treaty Law Division la Direction du droit des traités of the Department of Foreign Affairs, du ministère des Affaires étrangères, Trade and Development du Commerce et du Développement www.treaty-accord.gc.ca www.treaty-accord.gc.ca Catalogue No: FR4-2018/6-PDF No de catalogue : FR4-2018/6-PDF ISBN: 978-0-660-08394-0 ISBN: 978-0-660-08394-0 Appendix A CANADA TREATY SERIES 2018/6 RECUEIL DES TRAITÉS ARGENTINA / CUSTOMS Agreement between the Government of Canada and the Government of the Argentine Republic on Mutual Assistance in Customs Matters Done at Buenos Aires on 15 May 2017 In Force: 29 March 2018 _______________________________________________________ ARGENTINE / DOUANES Accord entre le gouvernement du Canada et le gouvernement de la République argentine concernant l`assistance mutuelle en matière douanière Fait à Buenos Aires le 15 mai 2017 En vigueur : le 29 mars 2018 _______________________________________________________ Appendix A AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE ARGENTINE REPUBLIC ON MUTUAL ASSISTANCE IN CUSTOMS MATTERS THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE ARGENTINE REPUBLIC, hereafter referred to as the “Parties”, CONSIDERING that offences against Customs laws are prejudicial to the security and public health of their respective countries, as well as to their social, cultural, economic, fiscal and commercial interests; CONSIDERING the importance of accurate assessment of customs duties and other taxes collected on the importation and exportation of goods and of ensuring that their Customs administrations properly apply measures of prohibition, restriction and control; RECOGNIZING the need for international cooperation in matters related to the administration and enforcement of their Customs laws; CONSIDERING that illegal trafficking in weapons, explosives, chemical, biological and nuclear substances as well as in narcotic drugs, psychotropic substances, chemical precursors, endangered species, hazardous goods and other prohibited, regulated or controlled goods, constitutes a danger to public health and society; CONVINCED that action against Customs offences can be made more effective by close cooperation between
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