Decree of the Minister for Foreign Affairs No. 115 / 1967 Coll.
Decree of the Minister for Foreign Affairs on the Additional Protocol to the Convention on Customs Relief for Tourism, applicable to imports of tourist promotional documents and materials
Valid
Effective from 06.06.1967
115
DECLARATION
Minister for Foreign Affairs
of 4 November 1967
on the Additional Protocol to the Convention on tariff concessions for tourism applicable to imports of tourist promotional documents and materials
On 4 June 1954, the Additional Protocol to the Convention on Customs Relief for Tourism on imports of tourist promotional documents and materials was negotiated in New York.
The Charter on the access of the Czechoslovak Socialist Republic to the Additional Protocol was deposited with the Secretary-General of the United Nations on 8 March 1967, subject to the fact that the Czechoslovak Socialist Republic does not feel bound by the provisions of Article 15 (2) and (3) of the Additional Protocol on Arbitration.
For the Czechoslovak Socialist Republic, the Additional Protocol entered into force on 6 June 1967.
The Czech translation of Additional Protocol is announced simultaneously.
David v. r.
ADDITIONAL PROTOCOL
to the Convention on customs concessions for tourism relating to imports of tourist promotional documents and materials
CONTRACTING STATES
on the conclusion of the Convention on Customs formalities for Tourism negotiated by the United Nations Conference on Customs formalities for the temporary importation of private road motor vehicles and for tourism
Desiring also to facilitate the circulation of tourist promotional documents and material
agree on the following additional provisions:
For the purposes of this Protocol, "import duties and levies' shall mean not only import duties but also all levies and charges which may be imposed on account of importation.
Each of the Contracting States shall authorise imports without import duties and levies of the following items, provided that they are imported from another Contracting State and that there is no reason to fear abuse:
(a) documents (prospectuses, brochures, books, magazines, guides, posters framed or not, photographs and photographic enlargements, maps illustrated or unillustrated, printed window banners) intended for free distribution, the main purpose of which is to encourage the public to visit foreign countries, including, but not limited to, cultural, tourist, sports, religious or professional slopes or speeches held in such foreign countries, provided that these documents do not contain more than 25% of private commercial advertising and are likely to be intended for general promotional purposes;
(b) lists and yearbooks of foreign hotels, issued by or under the patronage and timetables of the official tourist authorities, provided that such documents are intended for free distribution and do not contain more than 25% of private commercial advertising;
(c) technical material, sent to authorised representatives or correspondents, established by the national official tourist authorities not intended for distribution, i.e. yearbooks, telephone books, hotel lists, trade fairs catalogues, samples of handworks of a small price, documentation of museums, universities, spa and similar institutions.
Under the conditions set out in Article 4, the following material, imported from one of the Contracting States, shall be temporarily released without import duties and levies and without customs security, mainly for the purpose of encouraging the public to visit that State, including, inter alia, participation in cultural, tourist, sports, religious or professional slopes or speeches held in that country:
(a) articles intended to be displayed in the offices of authorised representatives or correspondents designated by the official national tourist authorities or other rooms, approved by the customs authorities of the importing country: pictures and drawings, framed photographs and photographic enlargements, books on art, images, engravings, or lithographs, statues and goblins or other similar works of art;
(b) display aids (showcases, stands and similar articles), including electrical and mechanical equipment, necessary for display;
(c) documentary films, gramophone records, recorded tape tapes and other sound recordings intended for free performances, excluding those on which the subject is directed to commercial advertising, and those normally on sale in the importing country;
(d) flags in reasonable quantities;
(e) dioramas, models, diapositives, plates, photographic negatives;
(f) samples of national manual labour products, national costumes and similar folklore articles in appropriate quantities.
The allowances referred to in Article 3 shall be granted under the following conditions:
(a) The material shall be sent either by the official tourist authority or by the national tourist propaganda agency associated with it. The proof shall be furnished by the presentation to the customs authorities of the importing country of a certificate drawn up by the sending authority in accordance with the formula set out in the Annex to this Protocol.
(b) The material must be imported to the address and responsibility of either the authorised representative of the official national tourist authority of the exporting country or the correspondent established by that authority and approved by the customs administration of the importing country. The responsibility of the authorised representative or correspondent shall include, in particular, the payment of import duties and levies to be prescribed if the conditions laid down in this Protocol are not fulfilled.
(c) The imported material must be exported without change by the importing authority. However, if material which has been temporarily released free of duty and benefits is destroyed while the conditions laid down by the customs administration are respected, the importer shall be exempt from the obligation to export it.
2. The benefit of temporary imports free of duty and benefits shall be granted for a period of at least 12 months.
In the event of fraud, infringement or abuse, the Contracting States will be able to initiate proceedings for the recovery of the import duties and levies concerned, as well as for the imposition of penalties on persons granted exemption or other relief.
Any infringement of the provisions of this Protocol, any confusion, incorrect declaration or conduct which results in a person or an object unjustly enjoying the benefits of the importation provided for in this Protocol, shall expose the offender to criminal penalties prescribed by the laws of the country where the offence was committed.
1. The Contracting States undertake not to impose prohibitions of an economic nature on the material referred to in this Protocol and to withdraw, in turn, prohibitions of this kind, which may still be in force.
2. However, the provisions of this Protocol shall not prejudice the application of laws and regulations relating to the importation of certain articles where such laws and regulations impose prohibitions based on grounds of public morality, public security, public health or hygiene.
1. This Protocol shall be open for signature by 31 December 1954 to any Member State of the United Nations and any other State invited to participate in the United Nations Conference on Customs formalities for the temporary importation of private road motor vehicles and for tourism, held in New York in May and June 1954, hereinafter referred to as the Conference.
2. This Protocol shall be subject to ratification and deposited with the Secretary-General of the United Nations.
1. From 1 January 1955, any State referred to in paragraph 1 of Article 8 or any other State invited by the Economic and Social Council of the United Nations will be able to accede to this Protocol. It will also be possible to accede to it on behalf of any trust area whose administrative body is the United Nations.
2. Access shall be effected by the deposit of an instrument of access with the Secretary-General of the United Nations.
1. This Protocol shall enter into force on the 90th day following the date of deposit of the fifth instrument of ratification or accession either without reservation or with reservations adopted in agreement with Article 14.
2. For each State which ratifies or accedes to the Protocol after the date of deposit of the fifth instrument of ratification or accession in agreement with the preceding paragraph, the Protocol shall enter into force on the 90th day following the date on which such State deposits its instrument of ratification or accession either without reservation or with reservations adopted in agreement with Article 14.
1. When this Protocol is in force for a period of three years, any Contracting State may terminate it by notifying the Secretary-General of the United Nations.
2. The denunciation shall take effect 15 months after the date on which the Secretary-General of the United Nations received the notice of denunciation.
This Protocol shall cease to apply if, for any period of twelve consecutive months following its entry into force, the number of Contracting States is less than two.
1. Each State may, at the time of deposit of its instrument of ratification or accession or at any later date, declare by notification to the Secretary-General of the United Nations that this Protocol shall apply to all or any territory for which it is responsible for international relations. The Protocol shall apply to the territories designated in the notification as from the 90th day following the date on which it was received by the Secretary-General if the notification is not accompanied by any reservation or as from the 90th day following the date on which the notification became effective pursuant to Article 14 or on the date on which the Protocol enters into force for the State concerned, whichever is the later.
2. Any State which has made a declaration pursuant to the preceding paragraph extending this Protocol to any territory for which it is responsible for international relations may, pursuant to Article 11 of the Protocol, terminate separately only in respect of that territory.
1. Reservations made before signature of the Final Act on this Protocol shall be admissible if they have been accepted by a majority of the members of the Conference and registered in the Final Act.
2. Reservations made after the signature of the Final Act shall not be accepted if a third of the signatory or contracting States object to them, as set out below.
3. The text of any reservation submitted by a Member State to the Secretary-General of the United Nations when signing, imposing or acceding to the Protocol or any notification under Article 13 shall be communicated by the Secretary-General to all States which at that time signed or ratified the Protocol. If one third of these States object within 90 days of the date of this communication, the reservation shall not be accepted. The Secretary-General shall inform all States referred to in this paragraph of any objections received and of the acceptance or refusal of the reservation.
4. The objection of the State which has signed but not ratified the Protocol shall cease to be effective if the State which applied the Protocol has not ratified the Protocol within nine months of the application of the objection. If, as a result of the withdrawal of the objection, the reservation is accepted on the basis of the preceding paragraph, the Secretary-General shall inform the States referred to in that paragraph thereof. However, no reservations shall be sent under the preceding paragraph to any signatory State which has not ratified the Protocol within three years of signature on its behalf.
5. The State submitting the reservation may withdraw it within 12 months of the date of notification by the Secretary-General referred to in paragraph 3, in which it is notified that the reservation has been rejected in agreement with the procedure referred to in that paragraph. In such a case, the instrument of ratification, the instrument of accession, or the notification referred to in Article 13, shall become effective against the State concerned on the date of the appeal. Until such time as the reservation is withdrawn, the instrument or appeal shall not be effective unless the reservation is subsequently accepted in accordance with paragraph 4.
6. Reservations accepted in agreement with this Article may be revoked at any time by a notice addressed to the Secretary-General.
7. No Contracting State shall be obliged to grant to the State which has made the reservation the benefits resulting from those provisions of the Protocol to which such reservation relates. Any State which exercises this right shall report to the Secretary-General and shall inform all signatory and contracting States thereof.
1. Any discrepancy between two or more Contracting States concerning the interpretation or application of this Protocol shall, as far as possible, be settled by negotiations between them.
2. Any dispute which is not settled shall be subject to arbitration proceedings if one of the Contracting States so requests in the dispute and shall therefore be submitted to one or more arbitral arbitration agreements between the States in the dispute. If, within three months of the date of the request for arbitration, the States in the dispute disagree at the choice of the arbitrator or arbitrator, any of those States may request the President of the International Court of Justice to appoint one arbitrator to whom the dispute shall be referred for judgment.
3. The finding of an arbitrator or arbitrator established pursuant to the preceding paragraph shall be binding on the participating Contracting States.
1. When this Protocol is in force for three years, any Contracting State may request, by a notification addressed to the Secretary-General of the United Nations, that a conference be convened to revise the Protocol. The Secretary-General shall inform all Contracting States of this request and convene a review conference if, within four months of such notification, at least half of the Contracting States have informed him that they agree to this request.
2. If the Conference referred to in the preceding paragraph is convened, the Secretary-General shall inform all the Contracting States thereof and invite them to submit within three months proposals they wish to be discussed by the Conference. The Secretary-General shall communicate to all Contracting States the provisional agenda of this Conference, together with the texts of such proposals, at least three months before the date of the opening of the Conference.
3. The Secretary-General shall invite all Contracting States and all other Member States of the United Nations or any of the specialised agents to each conference convened under this Article.
1. Each Contracting State may propose one or more amendments to this Protocol. The text of each amendment proposal shall be supplied to the Secretary-General of the United Nations, which shall circulate it to all Contracting States.
2. Any amendment proposal sent pursuant to the preceding paragraph shall be deemed accepted if no Contracting State objects within six months of the date on which the Secretary-General sent the amendment proposal.
3. The Secretary-General shall inform all Contracting States as soon as possible of any objection to the amendment proposal and, if no objection has been raised, the amendment shall enter into force for all Contracting States three months after the expiry of the six-month period laid down in the preceding paragraph.
The Secretary-General of the United Nations shall notify all Member States of the United Nations and all other States invited to participate in the Conference:
(a) signatures, ratifications and approaches received pursuant to Articles 8 and 9;
(b) the date on which this Protocol enters into force in accordance with Article 10;
(c) statements received in agreement with Article 11;
(d) the repeal of this Protocol pursuant to Article 12;
(e) notifications made pursuant to Article 13;
(f) the entry into force of any amendment pursuant to Article 17.
Original The Protocol shall be deposited with the Secretary-General of the United Nations, who shall supply his certified copies to all members of the United Nations and to all other States invited to the Conference.
To prove the signature, duly authorised, they signed this Protocol.
In New York, on 4 June 1954, in a single copy in English, French and Spanish, each text being equally authentic.
The Secretary-General is requested to draw up an official translation of this Protocol into the language of the Chinese and Russian languages and to add the Chinese and Russian texts to the text of the English, French and Spanish languages when sending certified copies to the States pursuant to Article 19 of this Protocol.
Annex
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 115 / 1967 Coll., on the Additional Protocol to the Convention on Customs Relief for Tourism, applicable to imports of tourist promotional documents and materials |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.12.1967 |
|---|---|
| Effective from | 06.06.1967 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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