Decree of the Minister for Foreign Affairs No. 21 / 1966 Coll.
Decree of the Minister for Foreign Affairs on the Convention establishing a Customs Cooperation Council
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Effective from 23.09.1965
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21
DECLARATION
Minister for Foreign Affairs
of 3 February 1966
concerning the Convention establishing a Customs Cooperation Council
In accordance with the Czechoslovak constitutional regulations, on 23 September 1965 a Charter on the access of the Czechoslovak Socialist Republic to the Convention establishing a Customs Cooperation Council was deposited with the Belgian Ministry of Foreign Affairs.
When accessing the Convention, a statement was made that the Czechoslovak Socialist Republic did not feel bound by Article XIV of the Convention and that the privileges set out in Section 6 of the Annex to the Convention would be granted by the Czechoslovak Party to the extent that they are granted to other international organisations in the Czechoslovak Socialist Republic.
The Convention establishing a Customs Cooperation Council in accordance with Article XVIII entered into force for the Czechoslovak Socialist Republic on 23 September 1965.
The Czech translation of the Convention is being announced simultaneously.
David v. r.
CONVENTION
establishing a Customs Cooperation Council
Governments that signed this Convention,
CONSIDERING that it is appropriate for their customs systems to ensure the highest possible degree of consistency and consistency and, in particular, to study issues related to the development and progress of customs technology and customs legislation,
Convincing that it is in the interest of international trade to promote cooperation between governments in this field, taking account of economic and technical factors related thereto,
agree on the following:
A Customs Cooperation Council ("the Council ') is hereby established.
(a) The members of the Council are:
(i) Contracting Parties to this Convention.
(ii) Government of any customs territory which is autonomous in foreign trade matters, which has been proposed by the Contracting Party responsible for the diplomatic relations of that territory and whose access as an independent member has been approved by the Council.
(b) The Government of a separate customs territory which is a member of the Council pursuant to paragraph (a) (ii) shall cease to be a member of the Council on the basis of a notification of its revocation by the Contracting Party responsible for its diplomatic relations to the Council.
(c) Each member of the Council shall appoint one delegate and one or more alternate delegates for its representation in the Council. These delegates can be a consultant.
(d) The Council may allow representatives of non-member countries or international organisations as observers.
The scope of the Council shall include:
(a) to study all issues relating to customs cooperation which the Parties have agreed to support in accordance with the general objectives of this Convention;
(b) analyses of the technical aspects of the customs systems, as well as of the economic factors related thereto, in order to propose practical measures to the members of the Council to achieve the highest possible degree of consistency and consistency;
(c) drawing up draft conventions and amendments thereto and recommending them to the governments involved for adoption;
(d) the submission of recommendations to ensure the uniform interpretation and implementation of conventions concluded on the basis of its work as well as the Convention on Nomenclature for the Classification of Goods in Customs Tariff and the Convention on the Determination of the Customs Value of Goods drawn up by the Study Group for the European Customs Union and to that end the performance of functions which would be expressly imposed on it by those conventions;
(e) as a dispute settlement body which could arise in the interpretation or implementation of the conventions referred to in paragraph (d) above, make recommendations in accordance with the provisions of those conventions; interested parties may undertake, by common agreement, to adopt Council recommendations as binding;
(f) ensuring the dissemination of information concerning customs legislation and customs techniques;
(g) providing information or advice and making appropriate recommendations on customs matters falling within the scope of the general objectives of this Convention either on its own initiative or at the request of the participating governments;
(h) cooperation with other inter-state organisations in matters falling within its field of competence.
The members of the Council shall, upon request, provide the Council with any information and documents necessary for the performance of its tasks; However, no member of the Council will be obliged to provide confidential information the extension of which would impede the implementation of a law or otherwise would be contrary to the public interest or could harm the legal commercial interests of public or private undertakings.
The Council shall be held by the Standing Technical Committee and the Secretary-General.
(a) The Council shall elect a chairman from among the delegates each year and at least two Vice-Presidents.
(b) The Rules of Procedure shall be adopted by the Council by a two-thirds majority of its members.
(c) The Council shall establish a Nomenclature Committee in accordance with the provisions of the Convention on Nomenclature for the Classification of Goods in Customs Tariffs, as well as a Value Determination Committee in accordance with the provisions of the Convention on the Determination of the Customs Value of Goods. In addition, the Council may set up any other committee it considers necessary for the implementation of the conventions referred to in Article III (d) or any other matter within its scope.
(d) The Council shall define the tasks assigned to it by the Standing Committee on Technical Affairs and the powers of attorney.
(e) The Council shall approve the annual budget, review the issue and give the Secretary-General the directives necessary for financial matters.
(a) The seat of the Council shall be in Brussels.
(b) The Council, the Standing Technical Committee and the Committees set up by the Council may meet at a place other than the seat of the Council if the Council so decides.
(c) The Council shall meet at least twice a year. Its first meeting shall take place no later than three months after the entry into force of this Convention.
(a) Each member of the Council shall have one vote; However, no member may take part in the vote on issues relating to the interpretation and implementation of the conventions in force referred to in the previous Article III (d) which do not apply to that member, nor in the vote on amendments to such conventions.
(b) Except as provided for in Article VI (b), the Council shall act by a two-thirds majority present and to vote on the members authorised. The Council may not decide on a valid case unless more than half of the members entitled to vote are present.
(a) the Council shall establish the necessary contacts with the United Nations, their main and auxiliary bodies and professional organisations as well as with other inter-state organisations to ensure cooperation in the performance of their respective tasks.
(b) The Council may agree on the measures necessary to facilitate the deliberations and cooperation with non-governmental organisations interested in matters within its competence.
(a) The Standing Technical Committee shall be composed of representatives of the members of the Council. Each member of the Council may appoint one delegate and one or more alternate delegates for his or her representation in the Committee. These representatives are to be officials specialised in customs technical matters. They can use experts.
(b) The Standing Technical Committee shall meet at least four times a year.
(a) The Council shall appoint the Secretary-General and the Deputy Secretary-General and determine their rights and obligations, their seniority and their term of office.
(b) The Secretary-General shall appoint administrative staff of the Secretariat-General. The status and status of these staff members shall be subject to the approval of the Council.
(a) Each member of the Council shall bear the costs of his delegation in the Council, the Standing Technical Committee and the committees set up by the Council.
(b) Council expenditure shall be allocated among its members in accordance with the key laid down by the Council.
(c) the Council may waive the right to vote of any member who would not fulfil his financial obligations within three months of being notified of the amount of his contribution.
(d) Each member of the Council shall be obliged to pay his full annual contribution to the year during which he became a member of the Council and the financial year during which his exit from the Council of effectiveness took place.
(a) The Council shall enjoy in the territory of each of its members the legal status required for the performance of its tasks, as defined in the Annex to this Convention.
(b) The Council, its members' representatives, advisors and experts and officials of the Council shall enjoy the privileges and immunities set out in the Annex hereto.
(c) The Annex is an integral part of this Convention and any reference to the Convention shall be construed as a reference to the Annex at the same time.
The Parties shall adopt the provisions of the Protocol concerning the Study Group for the European Customs Union, open for signature in Brussels on the same day as this Convention. In determining the contribution key referred to in Article XII (b), the Council shall take into account the participation of its members in the Study Group.
This Convention shall be open for signature by 31 March 1951.
(a) This Convention shall be ratified.
(b) The instruments of ratification shall be deposited with the Belgian Ministry of Foreign Affairs, which shall inform the Government which signed or acceded to this Convention of such deposit, as well as the Secretary-General.
(a) This Convention shall enter into force as soon as the seven governments which signed it have deposited their instruments of ratification.
(b) For any Government which signs and deposit its instrument of ratification at a later date, the Convention shall enter into force on the date of deposit of that instrument of ratification.
(a) The Government of any State which has not signed this Convention may accede to it as from 1 April 1951.
(b) The instruments of access shall be deposited with the Belgian Ministry of Foreign Affairs, which shall inform all the governments which signed or acceded to this Convention and the Secretary-General thereof.
(c) This Convention shall enter into force for each acceding Government on the date of deposit of its instrument of accession, but not before it enters into force in accordance with Article XVII (a).
This Convention shall be concluded for an unlimited period, but each Contracting Party may terminate it at any time after five years of its entry into force in accordance with Article XVII (a). The denunciation shall take effect one year after the date on which the notice of denunciation was notified to the Belgian Ministry of Foreign Affairs; the Ministry shall inform all the governments which signed or acceded to this Convention and the Secretary-General of the statement received.
(a) The Council may recommend to the Parties amendments to this Convention.
(b) Any Contracting Party accepting any amendment shall notify its acceptance in writing to the Belgian Ministry of Foreign Affairs, which shall inform the Government which signed or acceded to this Convention of the notification of acceptance received, as well as the Secretary-General.
(c) The amendment shall enter into force three months after the notification of receipt to the Belgian Ministry of Foreign Affairs from all the Contracting Parties. As soon as any amendment has been adopted in this way by all Contracting Parties, the Belgian Ministry of Foreign Affairs shall inform all the governments which signed or acceded to the Convention and the Secretary-General thereof, informing them of the date of the amendment.
(d) After any amendment has entered into force, no government will be able to ratify or accede to this Convention without at the same time adopting such amendment.
To prove the signature, duly empowered by their governments, they signed this Convention.
In Brussels, on the 15th of December in the year of the 1950s (15 December 1950), in one copy in French and English, the two texts being equally authentic. The original will be stored in the archives of the Belgian Government, which will deliver to all governments that have signed or acceded to this Convention its certified copies.
ANNEX
Legal status, privileges and immunities of the Council.
Definitions
In this Annex:
(i) For the purposes of Article III, the words "assets and assets" shall also apply to assets and funds managed by the Council in the exercise of its functional powers.
(ii) For the purposes of Article The term "Members' representatives' means all representatives, alternate representatives, advisers, technical experts and delegations' secretaries.
Eligibility for rights and legal acts
The Council is a legal person. May:
(a) conclude contracts;
(b) acquire and dispose of immovable and movable property;
(c) to act before the courts.
The Secretary-General shall represent the Council in these matters.
Property, equity and assets
The Council, its assets and assets, whatever their place and in any hands, shall enjoy judicial immunity unless the Council expressly renounces it in a specific case. However, it is understood that waiving immunity cannot include enforcement measures.
The Council rooms are untouchable.
Its assets and assets, wherever they are in place and in any hands, shall be exempt from inspections, props, seizure, expropriation and any other enforcement measures by the enforcement, administrative, judicial or legislative authorities.
The Council's archives and all the paper materials that belong to it or are in its hands are untouchable wherever they are.
Without prejudice to any financial supervision, financial adjustment or moratorium:
(a) the Council may hold foreign exchange of all types and hold accounts in any currency;
(b) the Council may freely transfer its funds from one country to another or within any country and exchange the foreign exchange in its possession for any other currency.
In exercising the powers conferred on it under Section 6 above, the Council shall take into account any observations made by any of its members to it and shall agree with them that it may do so without prejudice to the interests of the Council.
The Council, its assets, revenue and other assets shall be:
(a) exempt from all direct taxes. However, it is understood that the Council will not demand tax exemptions which are essentially only a payment for generally useful services;
(b) exempt from all customs duties and any import and export prohibitions or restrictions as regards articles imported or exported by the Council for its official use. However, it is understood that items imported in this way will not be sold in the territory of the country to which they were imported, except under conditions approved by the Government of that country;
(c) exempt from all customs duties and prohibitions and restrictions as regards its publications.
As a rule, the Council will not require exemption from excise duties and turnover tax, contained in the price at which it buys movable or immovable property. However, if, for its official purposes, the Council makes more purchases where such taxes are included in the price, the members of the Council shall, whenever possible, take administrative measures to forgive or refund the amounts due to such taxes.
Facilitating the transport of messages
The Council shall, on the territory of each of its members, enjoy, for its official correspondence, treatment no less favourable than that provided by that member to any other government, including its diplomatic representative, on priority rights, charges and charges for letter mail, cables, telegrams, radiographs, telegrams, telex, telephone and other communications, as well as on press charges for press and radio communications.
Official correspondence and other official communications from the Council shall not be centered.
This section cannot be interpreted in any way as excluding the application of adequate security measures which would be provided for by an agreement between the Council and its member.
Representatives of members
Representatives of the members of the Council, the Standing Technical Committee and the Council Committees shall enjoy the following privileges and immunities in the performance of their duties and on their way to and from the place of meeting:
(a) immunity in respect of the arrest or detention of their persons, as well as the seizure of their personal luggage, and in respect of all their actions (including oral or written speeches) in the performance of their official duties, and immunity in respect of any prosecution;
(b) the integrity of all files and documents;
(c) the right to use the code and to receive files or letters delivered by couriers or in sealed bags;
(d) exemption for himself and his wife (spouse) from any measures restricting immigration and from any formalities for registration of aliens in countries visiting or passing through in the performance of their duties;
(e) the same concessions as regards monetary and foreign exchange restrictions as those granted to representatives of foreign governments in temporary official missions;
(f) the same immunity and relief as regards their personal baggage as those granted to members of diplomatic missions of similar rank.
In order to ensure full freedom of speech and full independence in the performance of their duties, representatives of Council members shall remain in the meetings of the Council, of the Standing Technical Committee and of the Council committees, their judicial immunity in respect of all their actions (including oral or written speeches) which have taken place in the performance of their duties, even after they have ceased to exercise those functions.
Privileges and immunities shall be granted to members' representatives not for their personal gain but for the purpose of ensuring independence in the performance of their duties in relation to the Council. That is why a member has not only the right but also the obligation to revoke the immunity of his representative in all cases where, in his opinion, immunity would prevent justice from being served and where immunity can be revoked without prejudice to the purpose for which he is provided.
The provisions of Sections 12 and 13 shall not apply to the authorities of the State of which the person concerned is a national or of which he is or has been a representative.
Council officials
The Council shall determine the categories of officials to whom the provisions of this Article apply.
The Secretary-General shall communicate to the members of the Council the names of the officials belonging to these categories.
Council officials:
(a) enjoy judicial immunity in respect of all their actions (including oral or written speeches) which have taken place in the performance of their official duties and within the limits of their powers;
(b) they shall be exempt from payroll and remuneration taxes paid by the Council;
(c) they shall not be subject to measures restricting immigration and registration of aliens, together with their spouse (spouse) and members of their family who support them;
(d) they shall enjoy the same privileges as regards allowances in foreign exchange regulations granted to members of diplomatic missions of similar rank;
(e) enjoy, together with their spouse (s) and members of their family who support them, the same relief for repatriation as members of diplomatic councils of a similar rank;
(f) they shall have a legal right to import free of duty furniture and other uppers on the first entry into service in the country of employment and to export them free of duty to the home country after their duties have ceased.
In addition to the privileges and immunities set out in Section 17, the Secretary-General of the Council, both himself and his wife and children under 21, shall enjoy the privileges, immunities, exemptions and concessions granted under international law by the Head of the diplomatic missions.
The Deputy Secretary-General shall enjoy the privileges, immunities, liberties and concessions granted to diplomatic representatives of similar rank.
Privileges and immunities shall be granted to officials only in the interests of the Council and not for their personal benefit. The Secretary-General shall have the right and obligation to revoke the immunity granted to an official in all cases where, in his opinion, such immunity would be an obstacle to justice being served and where immunity may be revoked without prejudice to the interests of the Council. Only the Council may revoke the immunity of the Secretary-General.
Experts authorised by the Council
Experts (if they are persons other than officials covered by Article VI) who carry out certain tasks for the Council shall enjoy during the period of performance of these tasks, including travel time related to the privileges, immunities and allowances necessary for the independent performance of their tasks, in particular:
(a) immunity as regards the arrest or detention of their persons and the seizure of their baggage;
(b) judicial immunity in respect of all their actions (including oral or written speeches) which have taken place in the performance of their duties and within the limits of their powers;
(c) the integrity of all files and documents.
Privileges, immunities and immunities shall be granted to experts in the interest of the Council and not for their personal benefit. The Secretary-General shall have the right and obligation to revoke the immunity granted to one of the experts in all cases where, in his view, such immunity would be an obstacle to justice being served and where immunity may be revoked without prejudice to the interests of the Council.
Abuse of privileges
Representatives of members at meetings of the Council, of the Standing Technical Committee and of the Council committees, shall not be forced to leave the country in which they operate, as long as they carry out their duties and travel to or from the place of meeting, as well as the officials referred to in Sections 16 and 20, on the basis of the activities they carry out in their official capacity. However, in the event that such a person misuses the privileges of the place of residence and carries out activities in that country which are not related to its official functions, the Government of that country may be forced to leave the country subject to the following provisions:
(i) Representatives of Council members or persons enjoying diplomatic immunity under Section 18 may be forced to leave the country only in accordance with the diplomatic procedure to be applied to members of diplomatic missions established in that country.
(ii) If an official is not subject to Section 18, no expulsion decision shall be taken without the approval of the Ministry of Foreign Affairs of the country of responsibility and such approval shall be given only after consultation with the Secretary-General of the Council; if an expulsion proceedings are initiated against an official, the Secretary-General of the Council shall be entitled to take part in the proceedings for the benefit of the person against whom the proceedings have been brought.
The Secretary-General shall, at any time, cooperate with the competent authorities of the members of the Council in order to facilitate fair protection of the law, to ensure the observance of police regulations and to prevent any abuse which could take place in connection with the privileges, immunities and concessions contained in this Annex.
Settlement of disputes
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No 21 / 1966 Coll., on the Convention establishing a Customs Cooperation Council |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.04.1966 |
|---|---|
| Effective from | 23.09.1965 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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