Decree of the Minister for Foreign Affairs No. 29 / 1964 Coll.
Ordinance of the Minister for Foreign Affairs on the Customs Convention on the Temporary Import of Packaging, the Customs Convention on the Facilitated Import of Goods to be Issued or Used at Shows, Fairs, Meetings or Similar Events, and the Customs Convention on the Temporary Import of Equipment Required for the Enforcement of the Occupation
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Effective from 01.07.1963
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29.
DECLARATION
Minister for Foreign Affairs
of 8 January 1964
on the Customs Convention on the temporary importation of packaging, the Customs Convention on the facilitation of imports of goods intended for exhibition or use at exhibitions, fairs, meetings or similar events and the Customs Convention on the temporary importation of equipment required for the pursuit of the profession
On 6 October 1960, the Customs Convention on the Temporary Import of Packaging was negotiated in Brussels.
On 4 May 1962, a Charter on the access of the Czechoslovak Socialist Republic to the Convention was handed over to the Secretary-General of the Customs Cooperation Council based in Brussels. According to Article 16, paragraph 1, the Convention for the Czechoslovak Socialist Republic entered into force on 5 August 1962.
On 8 June 1961, a customs convention was negotiated in Brussels to facilitate the importation of goods intended for exhibition or use at exhibitions, fairs, meetings or similar events; Customs Convention on the temporary importation of professional equipment.
The Customs Conventions were signed under the Czechoslovak Socialist Republic without reservation of ratification on 28 March 1962.
The Customs Convention on the facilitation of imports of goods intended for exhibition or use at exhibitions, fairs, meetings or similar events entered into force in accordance with Article 19 (1) on 13 July 1962 and entered into force on that date for the Czechoslovak Socialist Republic.
The Customs Convention on the temporary importation of equipment required for the pursuit of the profession entered into force in accordance with Article 16 (1), including Annexes A, B, C, on 1 July 1963 and entered into force on that date also for the Czechoslovak Socialist Republic.
The Czech translation of the Treaties is announced simultaneously.
David v. r.
CUSTOMS CONVENTION
on the temporary importation of packaging
Preamble
Governments,
signing this Convention which has been met under the auspices of the Customs Cooperation Council and the Contracting Parties to the General Agreement on Tariffs and Trade,
building on proposals submitted by representatives of international trade wishing to extend the system of temporary duty-free imports,
Desiring to facilitate international trade; and
convinced that the adoption of general rules on temporary duty-free import of packaging will bring significant benefits to international trade,
they have agreed as follows:
CHAPTER I
Definitions
For the purposes of this Convention:
(a) under the term "packaging" all articles which, in the state in which they are imported, serve or are intended to serve as packaging; in particular:
(i) packaging used or intended for use for the external or internal packaging of goods;
(ii) the articles on which the goods are or are to be wound, folded or fixed;
the packaging materials of straw, paper, glass fibres, shavings, etc., imported in bulk are excluded;
Transport equipment, in particular "containers', shall also be excluded as defined in Article 1 (1). (b) Customs conventions on containers concluded in Geneva on 18 May 1956;
(b) under the term "import charges", customs duties and any other charges and taxes levied on or in connection with imports, as well as any stock and internal charges to which imported goods are subject, with the exception of charges and taxes limited to the approximate costs of services provided, do not provide indirect protection to domestic products and do not constitute import charges of a fiscal nature;
(c) under the term "temporary importation", temporary admission of goods exempt from import duties and of imports not subject to prohibitions and import restrictions on re-export;
(d) under the term 'full packages', packaging used with other goods;
(e) under the term "goods contained in packages" means goods to which packaging is filled;
(f) under the term "person" means persons, whether natural or legal.
CHAPTER II
Scope
Temporary importation shall be authorised for packaging which may be identified during re-export and where:
(a) if they are imported in full, they shall be declared to be re-exported empty or full;
(b) if they are imported empty, they shall be declared to be re-exported full;
in both cases, re-export must be carried out by the person authorised for temporary importation.
This Convention shall in no way affect the provisions of the Contracting Parties which apply to the imposition of import duties on goods contained in packages.
CHAPTER III
Specific provisions
Each Contracting Party undertakes not to require, in all cases where it considers it possible, a security to be lodged in relation to the obligation to re-export the packaging.
The re-export of packages for which temporary importation has been authorised shall be carried out within six months after importation in respect of the full packaging and within three months for the empty packaging. Where justified, the customs authorities of the importing country may, within the limits of their legislation, extend those time limits.
The re-export of packages for which temporary importation has been authorised may be carried out at the same time or in several consignments to any country and via any customs office responsible for carrying out such a procedure, without requiring that that office be identical to the customs office through which the goods were imported.
Packaging for which temporary importation has been authorised may not even be used occasionally within the importing country except for use for the purpose of exporting goods. In the case of imported full packaging, this prohibition shall apply only from the moment it has been emptied.
(1) Notwithstanding the obligation to re-export within the meaning of this Convention, in the event of a duly proven accident, reexport of significantly damaged packaging shall not be required, provided that such packaging was, at the request of the customs authorities:
(a) subject to import charges to which they are generally subject; or
(b) surrendered free of charge to the Treasury of the country of temporary importation; or
(c) destroyed under official supervision without incurring expenditure by the Treasury of the country of temporary importation.
(2) If temporarily imported packaging cannot be re-exported as a result of seizure, which was not carried out at the request of private persons, the re-export obligation will remain at rest during the seizure.
CHAPTER IV
Miscellaneous provisions
Any breach of this Convention and any confusion, false declaration or activity aimed at the benefit of any person or goods unduly conferred by this Convention shall be subject to the penalty of the perpetrator in accordance with the laws of the country in which the offence was committed, or to the payment of fees which are otherwise required upon importation.
The provisions of this Convention shall not prevent the imposition of restrictions and the carrying out of checks under national rules with regard to the requirements of public morality, public security, hygiene and health or with regard to veterinary or photopathologic interests.
For the purposes of this Convention, the territories of the Contracting Parties which form a customs or economic union may be considered as a single territory.
The provisions of this Convention shall determine the minimum concessions to be granted and shall not prevent the introduction of greater concessions which are granted or could in future be granted by certain Contracting Parties on the basis of their provisions or on the basis of bilateral or multilateral agreements.
CHAPTER V
Final provisions
(1) The Contracting Parties shall meet whenever necessary to assess the implementation of this Convention and in particular to ensure its uniform interpretation and implementation.
(2) Such meetings shall be convened by the Secretary-General of the Customs Cooperation Council at the request of any Contracting Party; unless otherwise decided by the Parties, these meetings shall be held at the headquarters of the Customs Cooperation Council. The Rules of Procedure for these meetings shall be laid down by the Contracting Parties.
(3) Decisions of the Contracting Parties shall be taken by at least a two-thirds majority of the parties present and voting.
(4) The Contracting Parties may not make a valid decision unless a majority of them is present.
(1) Any dispute between the Contracting Parties concerning the interpretation or implementation of this Convention shall, as far as possible, be regulated by direct negotiation between the Parties.
(2) Disputes which will not be resolved by direct negotiations will be submitted by the parties in the dispute to the Contracting Parties which will review it and adopt recommendations for its settlement.
(3) The parties in the dispute may agree in advance to accept the recommendations of the Contracting Parties as binding.
(1) The Government of each Member State of the Customs Cooperation Council and the Government of each Member State of the United Nations or their specialised agents may become a Contracting Party to this Convention:
(a) signing the Convention without reservation of ratification;
(b) ratification of the Convention after signature, subject to ratification; or
(c) access to the Convention.
(2) This Convention shall be open for signature to the governments of the States referred to in paragraph 1 of this Article by 31 March 1961 at the headquarters of the Customs Cooperation Council in Brussels. After that date, they will be open to access.
(3) In the case referred to in paragraph 1 (b) of this Article, the Convention is subject to approval under the constitutional provisions of the States which have signed the Convention.
(4) The Government of a State which is not a member of the organisations referred to in paragraph 1 of this Article, to which an invitation from the Secretary-General of the Customs Cooperation Council shall be sent at the request of the Contracting Parties, may become a Contracting Party to this Convention by means of an approach after the entry into force of this Convention.
(5) The instruments of ratification or accession shall be deposited with the Secretary-General of the Customs Cooperation Council.
(1) This Convention shall enter into force three months after the five States referred to in paragraph 1 of Article 15 of this Convention have signed it without reservation of ratification or deposit of instruments of ratification or accession.
(2) This Convention shall enter into force three months after the deposit of its instruments of ratification or accession for each State which will ratify or accede to the Convention after five States have signed it without reservation of ratification or deposit of instruments of ratification or accession.
(1) This Convention is concluded for an unlimited period. However, each Contracting Party may terminate it at any time after the date on which it entered into force pursuant to Article 16.
(2) The denunciation shall be notified in writing by a document to be deposited with the Secretary-General of the Customs Cooperation Council.
(3) The denunciation shall enter into force six months after the Secretary-General of the Customs Cooperation Council has received the instrument of denunciation.
(1) The Contracting Parties may recommend amendments to this Convention.
(2) The text of the proposed amendment will be communicated by the Secretary-General of the Customs Cooperation Council to all Contracting Parties, the Governments of all other signatories or States which acceded to the Convention, the Secretary-General of the United Nations and the Contracting Parties to the General Agreement on Tariffs and Trade.
(3) Any amendment submitted pursuant to the preceding paragraph will be deemed accepted if no Contracting Party objects to it within six months of the date on which the Secretary-General of the Customs Cooperation Council notified the proposal.
(4) The Secretary-General of the Customs Cooperation Council will inform all Contracting Parties whether an objection has been made to the proposal to amend the Convention; If no objection is expressed, the amendment shall enter into force for all Contracting Parties three months after the expiry of the six-month period referred to in the preceding paragraph.
(5) The Secretary-General of the Customs Cooperation Council will notify all Contracting Parties, other signatories and States which acceded to the Convention, the Secretary-General of the United Nations and the Contracting Parties to the General Agreement on Tariffs and Trade of the amendments accepted or deemed to have been accepted.
(6) It is assumed that any government which ratifies or accedes to this Convention has accepted amendments which have entered into force until its instruments of ratification or accession have been deposited.
(1) At the time of signature without reservation of ratification, at the time of ratification or at the time of accession or at a later date, each Government may declare by notification to the Secretary-General of the Customs Cooperation Council that this Convention applies to all territories or certain territories for whose international contacts it is responsible; The Convention will apply to these territories three months after the Secretary-General of the Customs Cooperation Council receives this communication, but not before this Convention enters into force for the Government.
(2) Any government which has made a declaration pursuant to paragraph 1 of this Article concerning the extension of the provisions of this Convention to the territory for whose international contacts it is responsible may communicate to the Secretary-General of the Customs Cooperation Council, in accordance with the provisions of Article 17 of this Convention, that this Convention shall no longer apply to that territory.
(1) Each Contracting Party will be able to declare, at the time of signature or ratification of this Convention or at the time when it accedes to it, that it feels bound by Article 2 of the Convention only in respect of packaging which has not been imported as a result of buying, buying-in or similar contracts by a person established or having its registered office in its territory.
(2) Any Contracting Party which has made a reservation pursuant to paragraph 1 of this Article may at any time revoke that reservation by a notification sent to the Secretary-General of the Customs Cooperation Council.
(3) No other reservation to this Convention is permitted.
The Secretary-General of the Customs Cooperation Council shall notify the signatories and States which acceded to this Convention, the Secretary-General of the United Nations and the Contracting Parties to the General Agreement on Tariffs and Trade:
(a) signatures, ratifications and accesses to the Convention pursuant to Article 15;
(b) the date on which this Convention enters into force pursuant to Article 16;
(c) the statement notified pursuant to Article 17;
(d) the entry into force of any amendment pursuant to Article 18;
(e) notifications received pursuant to Article 19;
(f) the declarations and notifications received pursuant to paragraphs 1 and 2 of Article 20.
This Convention shall be registered at the request of the Secretary-General of the Customs Cooperation Council in accordance with Article 102 of the Charter of the United Nations in the Secretariat of the United Nations.
(i) To prove this, the signed agents have signed this Convention.
(ii) In Brussels, on 6 October, a thousand and nine hundred and sixty in the French and English languages, both of which are equally authentic, in one copy to be deposited with the Secretary-General of the Customs Cooperation Council, who shall transmit his certified copies to all signatories and States which acceded to this Convention.
CUSTOMS CONVENTION
facilitating the importation of goods intended for exhibition or use at exhibitions, fairs, meetings or similar events
Preamble
States which have signed this Convention,
collected under the auspices of the Customs Cooperation Council, consulting the United Nations Economic Commission for Europe (ECE) and the United Nations Educational, Scientific and Cultural Organisation (UNESCO),
having regard to the proposals made by representatives of international trade and other interested parties,
Desiring to facilitate the display of goods at exhibitions, fairs, meetings or other similar events of a commercial, educational, scientific, cultural or charitable nature,
Believing that the adoption of general rules on the customs treatment of such goods would give significant benefits to international trade and would promote international exchange of ideas and knowledge,
agree on the following:
CHAPTER I
Definitions
For the purposes of this Convention:
(a) the term "event" means:
1. commercial, industrial, agricultural or commercial construction, trade fair or other similar show; or
2. an exhibition or meeting which is organised primarily for charitable purposes; or
3. an exhibition or meeting which is organised primarily to promote all kinds of knowledge, art, trade, sport or scientific, educational or cultural activity and friendship between nations or to encourage religious knowledge or worship; or
4. meetings of representatives of any international organisation or international group of organisations; or
5. representative meetings of an official or commemorative nature, other than exhibitions organised for private purposes in shops or in business rooms with the intention of selling foreign goods,
(b) the term "import duty" shall mean customs and other charges and taxes levied on or in connection with imports and shall include all national taxes and excise duties paid on imported goods but shall not include charges and levies which are limited to the approximate costs of the services provided and shall not constitute indirect aid to domestic products or taxation of imports for fiscal purposes;
(c) the term "temporary exemption" means temporary importation exempt from import duties and import prohibitions and restrictions intended for re-export;
(d) the term "Council" shall mean the organisation established by the Convention establishing the Customs Cooperation Council signed in Brussels on 15 December 1950,
(e) the term "person" shall mean both natural and legal persons, unless the text results in a different connection.
CHAPTER II
Temporary exemption
(1) The temporary exemption will be granted:
(a) goods intended for exhibition or demonstration at an event;
(b) goods intended for use in connection with the exhibition of foreign products at an event, including:
(i) goods necessary for the purpose of demonstrating foreign machinery or apparatus for display;
(ii) construction and decoration material, including electrical equipment for temporary stands of foreign exhibitors;
(iii) advertising and demonstration material which is evidently promotional material for foreign goods displayed, such as sound recordings, films and slides, as well as instruments for their use;
(c) equipment, including interpreters, sound equipment and films of educational, scientific or cultural character, intended for use at international meetings, conferences or congresses.
(2) The benefits referred to in paragraph 1 of this Article shall be authorised provided that:
(a) the goods will be eligible for a re-import identity card;
(b) the number or quantity of identical items shall be appropriate for the purpose of import;
(c) the customs offices of the country of temporary importation shall be satisfied that the conditions of this Convention are respected.
In so far as the laws and regulations of the country of temporary importation of goods to which temporary exemption is granted do not allow, the following shall not be the subject of:
(a) lent or used in any way for hire or reward; or
(b) distant from the scene of the event.
(1) Goods to which temporary exemption is granted will be re-exported within 6 months of the date of import. However, the customs authorities of the country of temporary importation may require, in the light of the circumstances and in particular the duration and nature of the event, the goods to be exported during a shorter period, which shall nevertheless be at least one month after the event has ended.
(2) Notwithstanding the provisions of paragraph 1 of this Article, the customs authorities may authorise such goods to be issued or used in any subsequent event to remain in the country of temporary importation subject to compliance with the conditions required under the laws and regulations of that country, provided that the goods are exported within one year of the date of import.
(3) For the reasons in force, the customs authorities may, within the limits laid down by the laws and regulations of the country of temporary importation, either allow a longer period than those laid down in paragraphs 1 and 2 of this Article or extend the initial period.
(4) Where goods to which a temporary exemption has been granted cannot be re-exported as a result of confiscation, other than confiscation caused by an action by private persons, the requirement for re-export under this Article shall be postponed for the duration of the confiscation.
(1) Notwithstanding the requirement of re-export provided for in this Convention, the re-export of severely damaged goods, goods of negligible value and perishable goods shall not be required, provided that goods, as required by customs, are:
(a) they are subject to the import duty to which they are subject; or
(b) be disposed of without all expenses to the Treasury of the country to which it has been temporarily imported; or
(c) be destroyed under official supervision, without the cost of the State Treasury of the country to which it was temporarily imported.
(2) Goods to which temporary exemption is granted may be disposed of other than to export them back, in particular for domestic use, in accordance with the conditions and rules in force under the laws and regulations of the country of temporary importation relating to goods imported directly from abroad.
CHAPTER III
remission of import duties
(1) Where no reservation has been declared for any goods under the conditions of Article 23 of this Convention, import duties shall not be levied, prohibitions and restrictions shall not apply, and where temporary exemptions have been granted, re-export shall not be required for the following goods:
(a) small samples representing foreign goods displayed at an event, including samples of foodstuffs and beverages, either imported in the form of samples or made mainly from imported material at an event, provided that:
(i) are delivered free of charge from abroad and are used exclusively for free to distribute to visitors, for private use or consumption of persons to whom they have been distributed;
(ii) are demonstrable as promotional samples of individually small values;
(iii) not suitable for commercial purposes and are packed, where possible, in a quantity significantly smaller than the smallest retail packaging;
(iv) samples of food and beverages not supplied in packages as referred to in (iii) are consumed at the event; and
(v) the aggregate value and quantity of samples are, according to the customs authorities of the importing country, proportionate to the nature of the event, the number of visitors and the extent of the exhibitor's participation.
(b) Goods imported only for demonstration or for the purpose of demonstration of the activity of a foreign machine or apparatus displayed at an event and consumed or destroyed during such demonstration, provided that the sum of the value and quantity of such goods is, in the view of the customs authorities of the importing country, appropriate to the nature of the event, the number of visitors and the extent of the exhibitor's participation.
(c) Low value products used in the construction, equipment or decoration of temporary stands, foreign exhibitors at events such as paints, varnishes and wallpaper.
d) Forms, catalogues, business reports, price lists, promotional leaflets, calendars illustrated and unillustrated, unframed photographs which are evidently advertising material of foreign goods displayed at any event, provided that:
(i) are delivered from abroad on a free basis and will be handed out exclusively to visitors free of charge; and
(ii) the aggregate value and quantity of such goods are, in the view of the customs authorities of the importing country, proportionate to the nature of the event, the number of visitors and the extent of the exhibitor's participation.
(2) Paragraph 1 of this Article does not apply to alcoholic beverages, tobacco and propellants.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No 29 / 1964 Coll., concerning the Customs Convention on the Temporary Import of Packaging, the Customs Convention on the Facilitated Import of Goods for Exhibition or Use at Shows, Fairs, Sessions or Similar Events and the Customs Convention on the Temporary Import of Equipment for the Enforcement of the Occupation |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.02.1964 |
|---|---|
| Effective from | 01.07.1963 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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