Decree No. 17 / 1956 Coll.
Decree on access of the Czechoslovak Republic to the International Convention for the Facilitation of Import of Trade Samples and Advertising Material, negotiated in Geneva on 7 November 1952
Valid
Effective from 11.02.1956
17.
Decree of the Minister for Foreign Affairs
of 2 March 1956
on the access of the Czechoslovak Republic to the International Convention on the Facilitating Import of Trade Samples and Advertising Material, negotiated in Geneva on 7 November 1952.
At the VIP Meeting of the Parties The General Agreement on Tariffs and Trade in Geneva was negotiated on 7 November 1952 by the International Convention on the Facilitating Import of Trade Samples and Advertising Material.
According to Article XI thereof, this Convention became effective on the 30th day following the date on which the 15th instrument of ratification, acceptance or accession, i.e. 20 November 1955, was deposited.
By its resolution of 14 September 1955, the Government gave its assent to the access of the Czechoslovak Republic to the Convention. The President of the Republic ratified this Convention on 22 October 1955 and the instruments of ratification were deposited on 12 January 1956 in accordance with Article X of this Convention with the Secretary-General of the United Nations.
According to its Article XI, this Convention has become effective for each acceding Government on the 30th day following the date on which it has deposited its instrument of ratification, acceptance or accession, and has therefore become effective for the Czechoslovak Republic on 11 February 1956.
In addition to the Czechoslovak Republic, the following States are bound by this Convention until now: Australia (also applicable to the territories for whose foreign relations Australia is responsible), Denmark, Egypt, Finland, India (with reservations), Indonesia, Japan, the German Federal Republic (with reservations), the Netherlands (applicable to European territories, Surinam, Netherlands New Guinea, Netherlands Antilles), Norway, Pakistan, Greece, the United Kingdom (including Man Island), Spain (with reservations), Sweden and Switzerland.
The Czech translation of the International Convention on the facilitation of imports of commercial samples and advertising material is hereby declared as a separate part of the Annex to the Collection of Laws. *)
David v. r.
(Translation)
International Convention
facilitating imports of commercial samples and advertising material.
Governments that have signed this Convention,
Believing that the adoption of uniform rules on the import of samples of goods of all kinds, whether natural products or products, and advertising material, will promote the expansion of international trade,
they have agreed as follows:
Definitions.
For the purposes of this Convention:
(a) the term "import levies" means customs duties and all other levies and taxes levied on or in connection with imports, as well as excise duties and internal taxes to which imported goods are subject, but excluding charges and levies which are limited to the approximate price of proven services and which do not create indirect protection of domestic products or taxation of imports for fiscal purposes;
(b) the term "persons" means both physical and legal persons;
(c) where the territory of a Contracting Party is referred to, the territory of both the mother and any other territory for which that Contracting Party is internationally responsible and to which this Convention applies pursuant to Article XIII.
Exemption of samples of negligible value from import levies.
1. Each Contracting Party shall exempt from import levies samples of goods of all kinds imported into its territory if they have a negligible value and are not of any use other than to be obtained for the purpose of importing an order of goods represented by such samples. When deciding whether or not samples have a negligible value, the customs authorities of the importing country may take into account the value of each individual sample or the total value of all samples forming part of the same consignment. In implementing this paragraph, the value of consignments sent by one consignor to different recipients shall not be aggregated, even if they are imported simultaneously.
2. The customs authorities of the importing country may require that samples, if they are to be exempted from the import levies referred to in paragraph 1 of this Article, be made unfit as goods by marking, breaking, profiling and such as.
Release of other samples with temporary exemption from import levies.
1. In this Article, the term "samples' means goods which constitute a particular type of goods already produced or models of goods the manufacture of which is prepared, provided that:
(a) that it belongs to a person established abroad and that it is imported only to be presented or presented in the importing country for the purpose of obtaining orders for goods to be supplied abroad;
(b) that it will not be sold or intended for normal use other than demonstration and that it will not be used in any other way, whether in rent or in exchange for payment, for its stay in the importing country;
(c) they are intended for re-export at the appropriate time; and
(d) that it is possible to establish their identity on re-export, but does not apply to those cases where the same person is imported or sent to the same consignee in such a quantity that, as assessed in aggregate, they no longer have the nature of samples according to normal commercial practice.
2. Samples subject to import levies, imported from the territory of one Contracting Party by persons established in the territory of another Contracting Party, whether through or without a commercial passenger, shall be released temporarily without import levies in the territory of each Contracting Party, provided that a security is lodged in cash for the import levies and other amounts which would, if necessary, be required, or a guarantee for their possible payment. However, securities lodged (except those which might be required under Article VI of this Convention) may not exceed the amount of import levies increased by 10%.
3. In order to achieve the benefits provided for in this Article, the persons concerned must comply with the laws and regulations issued in this respect by the importing country's authorities and maintain the customs legislation in force in that country. With regard to vehicles and industrial and agricultural machinery and equipment the customs value of which exceeds $1000 (or its consideration in another currency) may be imposed on importers to declare the destination of such machinery, equipment and vehicles; In addition, the customs authorities of the importing country may be invited to demonstrate at any time that such machinery, equipment and vehicles are in the declared place. The customs authorities of the importing country may seal these machinery, equipment and vehicles or otherwise make it impossible to operate them for a period of time fixed for temporary duty-free and define the places where they may be placed in service and presented.
4. For later identification of samples, the customs authorities of the importing country shall, as a matter of principle, recognise as sufficient labelling by the customs authorities of a Contracting Party, provided that such samples are accompanied by a detailed description certified by the customs authorities of that Contracting Party. Further marking of samples may only be carried out if the customs authorities of the importing country consider it necessary to ensure the identity of the samples on re-export. The marking of samples shall not render them unfit.
5. The period within which the re-export of samples benefiting from the exemption from import levies provided for in this Article shall be allowed shall be at least six months. On expiry of the period laid down for re-export, import levies and other amounts, if any, required, shall be collected from samples which have not been re-exported. They may also be selected from samples which cease to comply with the conditions laid down in the first paragraph of this Article before the expiry of that period.
6. Where the export of samples, imported under the conditions laid down in this Article, is carried out in return within the prescribed time limit, the repayment of the amounts lodged or the release of the guarantee, lodged on importation in accordance with the second paragraph of this Article, shall be effected without delay by a border or inland customs office authorised to do so, where appropriate after deduction of the levies and other amounts from samples not submitted for re-export. However, the combined amounts may be recovered in certain specific circumstances by other means, provided that such reimbursement is effected without delay. Each Contracting Party shall publish a list of customs offices authorised to carry out such operations.
Imports of advertising material exempt from import levies.
1. Each Party shall exempt from import levies catalogues, price lists and trade prospectuses concerning:
(a) goods put up for sale or hire; or
(b) the provision of services offered in the field of transport or commercial insurance by a person established in the territory of another Contracting Party;
where such documents are imported from the territory of any Contracting Party on condition that each consignment:
(i) consists of only one document; or
(ii) contain only one copy of each document, if it consists of several documents; or
(iii) where its gross weight does not exceed 1 kg, whatever the number of documents and copies thereof. The simultaneous dispatch of multiple consignments to different recipients in the importing country shall not prevent a customs exemption where only one consignment is sent to each consignee.
2. Notwithstanding the provisions of the first paragraph of this Article, a Contracting Party shall not be obliged to exempt from import levies on importation into its territory:
(a) catalogues, price lists and business prospectuses which do not clearly indicate the name of the foreign enterprise which produces, sells or rents goods or which offers the provision of transport services or commercial insurance services covered by those catalogues, price lists or prospectuses;
(b) catalogues, price lists and trade prospectuses which are declared for free circulation to the customs authorities of the importing country in the combined consignments in order to be distributed to individual beneficiaries in that territory.
Release of commercial films with temporary exemption from import levies.
Under the conditions laid down in Article III of this Convention, each Contracting Party shall grant the relief provided for in this Article to cinematographic positive films of an advertising nature of not more than 16 mm width, provided that it is demonstrated to the satisfaction of the customs authorities that they are film producing mainly photographs (with or without the sound band) showing the nature or activity of products or materials the characteristics of which cannot be appropriately demonstrated by means of samples or catalogues, provided that such films:
(a) shall apply to products or equipment put up for sale or for hire by a person established in the territory of one of the Contracting Parties;
(b) they are such that they can be shown to potential customers but not projected in public;
(c) are imported in a package containing only one copy of each film and not forming part of a major consignment of films.
Temporary exemptions from prohibitions and restrictions on imports.
1. No Contracting Party shall apply import prohibitions and restrictions (other than import levies, whether through contingent, import permits or other measures, to goods originating in the territory of another Contracting Party:
(a) which benefits from exemption from import levies pursuant to the provisions of Articles II or IV of this Convention (or which would benefit from such exemption if it were subject to customs duties);
or
(b) which is released and temporarily released in accordance with the provisions of Articles III or V of this Convention (or which would benefit from such exemption if it were subject to customs duties),
where the importation of such goods does not result in any payment except for transport and insurance or for services provided in the importing country by a person established therein.
2. With regard to goods which are released with temporary customs exemption pursuant to Articles III or V of this Convention (or which would benefit from it if they were subject to customs duties), exemption from import prohibitions and restrictions shall apply only for a period for which temporary customs exemption is authorised (or would be allowed if such goods were subject to customs duty). Where such goods are not re-exported within a period for which exemption from the restriction ban provided for in paragraph 1 of this Article has been granted, the authorities of the importing country may take the measures that would have been taken if exemption from the prohibitions and restrictions had not been allowed. For this purpose, the authorities of the importing country may require adequate guarantees, such as the lodging of a special guarantee, different from the security lodged to ensure import levies.
3. The provisions of this Convention shall not prevent a Contracting Party from applying import prohibitions or restrictions:
(a) necessary to protect public morality or the essential interests of security;
(b) necessary to protect the life and health of humans, animals and plants;
(c) the importation of gold or silver;
(d) necessary to ensure that the laws and regulations concerning the implementation of customs legislation, state monopolies and the protection of patents, trademarks, copyright and reproductive rights are maintained;
(e) necessary to avoid misleading practices;
(f) relating to products of prisoners;
(g) necessary for the implementation of standards or arrangements for sorting, quality control or sale of products intended for international trade.
Simplifying formalities.
1. Each Party shall limit as far as possible the formalities required for granting the concessions provided for in this Convention.
2. Each Contracting Party shall immediately publish all provisions issued in this matter so that interested parties can become familiar with them and thus avoid any damage which it might suffer from the ignorance of such formalities.
Dispute settlement.
1. Any dispute arising between two or more Contracting Parties concerning the interpretation or implementation of this Convention shall, within the limits of the possibility, be settled by direct negotiation between them.
2. Any dispute which is not settled by negotiation shall be submitted to the person or authority, accepted by the parties to the dispute; However, if these parties are unable to agree on the choice of the person or body, any of them may ask the President of the International Court of Justice to appoint an arbitrator.
3. The decision taken by a person or authority designated in accordance with paragraph 2 of this Article shall be binding on the parties concerned.
Signature and ratification.
1. This Convention shall be open until 30 June 1953 for signature by the Governments of all Contracting Parties to the General Agreement on Tariffs and Trade, by the Governments of all Member States of the United Nations or by any State to which the Secretary-General of the United Nations has delivered a copy of this Convention to that effect.
2. This Convention shall be subject to ratification or acceptance by the signatory governments in accordance with their constitutional requirements. The instruments of ratification or acceptance shall be deposited with the Secretary-General of the United Nations.
Access.
1. This Convention shall be open to access to the governments of the States referred to in paragraph 1 of Article IX.
2. Acceptance shall be the composition of the instrument of access to the Secretary-General of the United Nations.
Entry into force.
As soon as the 15 governments referred to in Article IX have deposited their instruments of ratification, acceptance or accession, this Convention shall enter into force between them on the 30th day following the date on which the 15th instrument of ratification, acceptance or accession was lodged. For any other government, it shall enter into force on the 30th day following the date on which it has lodged its instrument of ratification, acceptance or accession.
A statement.
1. When this Convention is in force for a period of three years, each Contracting Party may denounce it by notifying the Secretary-General of the United Nations.
2. The denunciation shall become effective six months after the date of receipt of the notification by the Secretary-General of the United Nations.
Territorial applications.
1. Each Government may, in the composition of its instrument of ratification, acceptance or accession, or at any later time, declare in a communication to the Secretary-General of the United Nations that the implementation of this Convention applies to one or more territories for which it is internationally responsible, and the Convention shall then apply to the territories indicated in that communication starting on the 30th day following the date on which the United Nations Secretary-General received this communication, or the date on which the Convention enters into force pursuant to Article XI, if that last date is later.
2. Any government which has made a declaration pursuant to paragraph 1 of this Article concerning the extension of this Convention to a territory for which it is internationally responsible may terminate the Convention in accordance with the provisions of Article XII, in particular for that territory.
Reservations.
1. Each State may declare, at the time of signature or at the time of composition of its instrument of ratification, acceptance or accession, that it does not feel bound by certain provisions of this Convention which it shall determine.
2. Each State, upon notification pursuant to Article XIII of this Convention, that this Convention shall apply to one or more territories for which it is internationally responsible, may make a similar declaration to that referred to in paragraph 1 of this Article for all territories covered by that notification or for any individual of them.
3. As soon as a Member State has made a reservation concerning any article of this Convention when signing, ratifying, accepting, accessing or notifying pursuant to Article XIII, the Secretary-General of the United Nations shall communicate the text of that reservation to any State which is or may become a Contracting Party to this Convention. Any State which has signed, ratified or adopted this Convention or which has acceded to it before that reservation has been made (or, if the Convention has not entered into force, will ratify, accept or accede to it by the date of its entry into force) shall have the right to object to any of those reservations. If no State authorised to object is notified to the Secretary-General of the United Nations no later than the 90th day following the notification of the reservation (or after the date on which the Convention enters into force, if this date is later), the reservation in question shall be deemed to have been accepted.
4. If the Secretary-General of the United Nations receives a statement of objection from one of the States entitled to object, he shall communicate the objection to the State which made the reservation and shall invite him to notify him whether he may withdraw the reservation or, as the case may be, to waive the ratification, acceptance, accession or implementation of the Convention in the territory (or to which the reservation relates).
5. A State which has made a reservation against which an objection has been raised pursuant to paragraph 3 of this Article shall become a Contracting Party to this Convention only if that objection has been withdrawn or ceased to be effective under the conditions laid down in paragraph 6 of that Article; it will not be able to claim the benefits of this Convention for the territory for which it is internationally responsible, in respect of which it has made a reservation which has raised an objection pursuant to paragraph 3 of this Article, unless that objection has been withdrawn or has ceased to be effective under the conditions set out in paragraph 6 below.
6. Any objection raised by a State that has signed the Convention without ratification or acceptance shall cease to be effective if, within 12 months of the date on which it was raised, the Convention is not ratified or accepted by that State.
Notification of signatures, ratifications, acceptance and approaches.
The Secretary-General of the United Nations shall notify all States which have signed or acceded to the Convention, as well as other States which so request, of the signatures, ratification and acceptance of the Convention, of the accesses thereto; notify them of the date on which the Convention enters into force, as well as of any communication made pursuant to Articles XII and XIII.
Which, on the conscience of the signed agents, signed this treaty.
Done at Geneva, 7 November of the year of the 1900s, the 52nd in French and English languages, both of which are authentic, in one copy to be deposited in the archives of the United Nations. The Secretary-General of the United Nations shall deliver certified copies to all States which have signed or acceded to the Convention.
On page 3.
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Regulation Information
| Citation | Decree No. 17 / 1956 Coll., on Access of the Czechoslovak Republic to the International Convention on the Facilitating Import of Trade Samples and Advertising Material, negotiated in Geneva on 7 November 1952 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.05.1956 |
|---|---|
| Effective from | 11.02.1956 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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