Decree of the Ministry of Foreign Affairs No. 59 / 1970 Coll.
Decree of the Minister for Foreign Affairs on the Customs Convention concerning the temporary import of scientific material
Valid
Effective from 04.05.1970
59
DECLARATION
Minister for Foreign Affairs
of 14 May 1970
on the Customs Convention concerning the temporary importation of scientific material
On 11 June 1968, the Customs Convention on the Temporary Import of Scientific Material was negotiated in Brussels.
The Charter on the Access of the Czechoslovak Socialist Republic to the Customs Convention concerning the Temporary Import of Scientific Material was deposited with the Secretary-General of the Customs Cooperation Council on 4 February 1970.
The Convention entered into force on 5 September 1969 pursuant to Article 20 (1) thereof. For the Czechoslovak Socialist Republic, it entered into force on 4 May 1970 in accordance with its Article 20 (2).
The Czech translation of the Convention is announced simultaneously.
Minister:
Ing. Marko v. r.
CUSTOMS CONVENTION
concerning the temporary import of scientific material
PREAMBLE
CONTRACTING PARTIES to this Convention, drawn up under the auspices of the Customs Cooperation Council and supported by the United Nations Organisation for Education, Science and Culture (UNESCO),
Taking into account the fact that the development of scientific research and education is a decisive factor in economic and social progress,
Considers that acceptance of the general facilitation of the conditions for the temporary importation of materials intended for scientific research and for the purposes of education and non-subject duties and taxes may support this progress effectively,
agree as follows:
CHAPTER ONE
Definitions
For the purposes of this Agreement, the following definitions shall apply:
(a) under the term "scientific material": instruments, apparatus, machinery and equipment used for scientific research or teaching purposes;
(b) under the term "import duties and taxes": customs duties and all other levies, taxes, taxes, etc. levied on or on import of goods, with the exception of charges and levies limited to the approximate value of the performance provided;
(c) under the term "customs record": temporary importation without collection of import duties, duties and taxes and without import bans or restrictions, provided that re-exportation takes place;
(d) under the term "approved institution": scientific or educational institutes of a public or private nature whose primary purpose is not to obtain profits and which have been approved and admitted by the authorities of the importing country to receive scientific material in the customs record;
(e) under "ratification": own ratification or acceptance or approval;
(f) under the term "Council": an organisation based on the Agreement concluded in Brussels on 15 December 1950 establishing a Customs Cooperation Council.
CHAPTER TWO
Scope of the Convention
Each Contracting Party undertakes to authorise imports in its customs record
(a) scientific materials intended for use in its territory for the sole purpose of scientific research or for educational purposes;
(b) spare parts for scientific materials imported in a customs record in accordance with paragraph (a) of this Article;
(c) instruments specially designed for the assembly, control, measurement or repair of scientific material used in their territory solely for scientific research purposes or for teaching purposes.
However, imports of scientific material, spare parts and specially designed tools may be authorised under the following conditions:
(a) that they are imported through approved or accepted institutions and that they will be used under the control and responsibility of those institutions;
(b) that they will be used in the importing country for non-commercial purposes;
(c) that they will be imported in a reasonable number taking into account their destination;
(d) that they can be identified on re-export;
(e) that, during their presence in the importing country, they will remain in the possession of a natural person residing abroad or a legal person residing abroad.
Each Contracting Party shall be entitled, in whole or in part, to revoke the obligations entered into by this Convention if goods of a scientific value equal to scientific material and whose import is the subject of a customs record are manufactured or made available in the importing country.
CHAPTER THREE
Specific provisions
Each Contracting Party undertakes not to require the lodging of a guarantee for the payment of any customs duties and import levies in all cases in which it considers it possible and to be satisfied only with the written declaration. Such a written declaration may be required either separately at each import or in a general manner for a certain period of time, or finally for the period during which the competent institute is authorised to import such scientific material.
1. The temporarily imported scientific material shall be re-exported within 6 months of the date of its import. However, the customs authorities of the importing country may request that this material be re-exported within a shorter period, which they consider sufficient to achieve the purpose for which the customs importation was made.
2. Where necessary, the customs authorities may either agree to a longer period, or may extend the original period further.
3. If the scientific material imported in the customs record cannot be exported in whole or in part as a result of seizure or attachment, and such seizure or attachment is not due to the request of private persons, the obligation to re-export shall be abolished for the duration of the suspension.
The re-export of scientific material imported in the customs record may take place in one or more consignments via any customs office authorised to carry out such consignments even if it is not the same as the customs office of importation.
The scientific material imported in the customs record may be handled otherwise than by the prescribed re-export, in particular such scientific material may be used for internal consumption provided that all the conditions and formalities laid down in the legal order of the country to which the material was imported in the customs record are fulfilled.
In the event of duly substantiated damage, the re-export of such severely damaged scientific material or part thereof shall not be required, irrespective of the provisions of this Convention prescribing such re-export, if any of the following conditions are met by decision of the customs authorities:
(a) where such material or part thereof is subject to customs duties and levies levied in such a case;
(b) if it is transferred without any obligation or obligation to pay the fees to the competent Treasury of the country to which it was imported in the customs record;
(c) if it is destroyed under official control without any financial obligations arising from it to the Treasury of the country to which it was imported in the customs record.
The provisions of Article 9 above shall also apply to components which have been replaced as a result of the repair of scientific material or of changes made to that material during the period when it was found in the territory of the country where it was imported in the customs record.
Article 6 and Article 9 shall also apply to spare parts and special instruments referred to in Article 2 of this Convention.
CHAPTER FOUR
Miscellaneous provisions
1. Each Contracting Party shall reduce to a minimum the customs formalities applicable to imports referred to in this Convention and publish, as soon as possible, the relevant provisions governing those formalities.
2. The inspection and clearance of scientific material shall be carried out both at the entrance and at the exit in all cases where it is possible and appropriate at the place where the material will be used.
The provisions of this Convention shall constitute minimum concessions and shall in no way preclude the granting of greater concessions which certain Contracting Parties grant or would be willing to grant either under unilateral rules or under bilateral or multilateral agreements, conventions and agreements.
For the purposes of applying this Convention, the territories of the Contracting Parties which establish customs or economic union may be considered as a single territory.
The provisions of this Convention shall not prevent the application of prohibitions and restrictions resulting from national laws and regulations which are based on public morality or public order, public security, hygiene and public health, or which apply to the protection of patents and trademarks.
Any infringement of the provisions of this Convention, any substitution, false declaration or act which results in a person (whether natural or legal) or certain scientific material benefiting from the undue relief granted by this Convention, issuing to the infringer in the country where the infringement took place penalties foreseen in the laws and regulations of that country, or where appropriate, such infringer shall be obliged to pay customs duties and import levies levied on importation.
CHAPTER FIVE
Final provisions
1. If this proves necessary, the Contracting Parties shall meet in order to examine the conditions under which this Convention is applied, in particular to study measures to ensure their uniform interpretation and application.
2. Such meetings shall be convened by the Secretary-General of the Council at the request of one Contracting Party and, unless other resolutions are adopted, they shall be held at the seat of the Council.
3. The rules of procedure of the meeting shall be laid down by the Parties. The resolutions of the Contracting Parties shall be adopted by a two-thirds majority of the parties present to the vote.
4. The Contracting Parties shall not be entitled to make valid resolutions on any question unless a majority is present at the meeting.
1. Any dispute between the Contracting Parties concerning the interpretation or application of this Convention shall, as far as possible, be dealt with by direct negotiation between the Contracting Parties concerned.
2. Any dispute which cannot be resolved by direct negotiation between the Parties concerned shall be submitted by the Parties concerned at a meeting convened under the terms of Article 17 of this Convention. The Parties shall examine and make recommendations to settle the dispute.
3. The Contracting Parties may agree in advance to adopt recommendations from the other Contracting Parties.
1. Any State that is a member of the Council and any State that is a member of the United Nations or its specialised institutions (under the following conditions) may become a Contracting Party in this Convention:
(a) by signing this Convention, unless they make a reservation of ratification;
(b) deposit the instrument of ratification after signature of this Convention, subject to ratification; or
(c) access to this Convention.
2. This Convention shall be open for signature to the States referred to in paragraph 1 of this Article until 30 June 1969 at the seat of the Council in Brussels. After that date, the Convention may be acceded to.
3. Any State which is not a member of the organisations referred to in paragraph 1 of this Article may become a member of this Convention after it has entered into force if it is invited by the Secretary-General of the Council to do so by the Contracting Parties.
4. The instruments of ratification or accession shall be deposited with the Secretary-General of the Council.
1. This Convention shall enter into force within three months after it has been signed by at least five members pursuant to paragraph 1 of Article 19 without reservation of ratification, or after having deposited its instruments of ratification or accession to the Convention.
2. To a member who signs or accedes to this Convention without reservation of ratification or ratification after the first five Member States have either signed the Convention without reservation of ratification or deposited their instruments of ratification or accession, this Convention shall become applicable three months after that State has signed it without reservation of ratification or deposit its instrument of accession.
1. This Convention shall be concluded for an indefinite period. However, each Contracting Party may terminate it at any time after the entry into force of this Convention in accordance with the provisions of Article 20 of this Convention.
2. The denunciation shall be notified by a written document to be deposited with the Secretary-General of the Council.
3. The denunciation shall take effect within six months of the transmission of the notice to the Secretary-General of the Council.
1. The Parties may, at a meeting convened under the terms of Article 17 of this Convention, recommend additions to this Convention.
2. The text of any supplement so recommended shall be communicated by the Secretary-General of the Council to all Contracting Parties, as well as to other signatory States, the Secretary-General of the United Nations and the Director-General of the United Nations for Education, Science and Culture (UNESCO).
3. Within six months of notification of the proposed amendments, each Contracting Party may notify the Secretary-General of the Council:
(a) either object to the proposed supplement;
(b) or that although it intends to accept the recommended supplement, the conditions necessary for such acceptance are not yet fulfilled in its country.
4. Until a Contracting Party which has notified the Secretary-General of the Council pursuant to paragraph 3 (b) of this Article that it accepts the proposed amendment, may, within nine months following the expiry of the six-month period referred to in paragraph 3 of this Article, raise its objections to the proposed supplement.
5. If an objection is raised against the proposed supplement under the terms of paragraphs 3 and 4 of this Article, that supplement shall be deemed not to have been accepted and shall not become effective.
6. If no objection to the proposed supplement is raised under the conditions laid down in paragraphs 3 and 4 of this Article, this supplement shall be deemed to have been adopted by the following date:
(a) if no Contracting Party has sent a notification pursuant to paragraph 3, subparagraph (b) of this Article, after the six-month period laid down in this paragraph 3;
(b) if one or more of the Contracting Parties has sent a notification pursuant to paragraph 3 (b) of this Article, in one of the following events, whichever is earlier, namely:
(i) on the date on which all the Contracting Parties which have sent such a notification to the Secretary-General of the Council notify that they accept the proposed supplements; However, if all such communications have been made before the expiry of that six-month period, the date of expiry of that period shall be deemed to be the effective date of the proposed supplement;
(ii) on the date of expiry of the nine-month period referred to in paragraph 4 of this Article.
7. Any supplement deemed to be accepted shall take effect within six months of being considered adopted.
8. The Secretary-General of the Council shall, as soon as possible, notify all the Contracting Parties and the other signatory States of any objections raised pursuant to paragraph 3 of this Article, as well as any communications referred to in paragraph 3, subparagraph (b) of this Article. In addition, it shall notify all Contracting Parties and other signatory States whether the Contracting Party or Parties which have sent that notification have objected to or accepted the proposed supplement.
9. Any State which has ratified or acceded to this Convention shall be deemed to have also accepted any additions which have become effective on the date of deposit of the instrument of ratification or accession.
1. Each Contracting Party may notify the Secretary-General of the Council, either at the signing of this Convention without reservation, at its ratification or at the time of accession, or at a later date, that this Convention covers all or only certain territories for whose international relations it is responsible or assumes international responsibility. Such notification shall become effective three months after receipt by the Secretary-General of the Council. However, the binding obligation of this Convention on the territories so designated in the notification cannot arise before that Convention becomes binding on that State.
2. Any State which, pursuant to paragraph 1 of this Article, notifies that it extends the provisions of this Convention to the territory for which it is responsible or assumes international responsibility may, under the conditions of Article 21 of this Convention, notify the Secretary-General of the Council that such territory will cease to be bound by the Convention.
No reservation is permitted to this Convention.
The Secretary-General of the Council shall notify all Contracting Parties, as well as all other signatory States, the Secretary-General of the United Nations and the Director-General of the United Nations for Education, Science and Culture (UNESCO):
(a) the signatures, ratifications and approaches referred to in Article 19 of this Convention;
(b) the date on which this Convention enters into force in accordance with Article 20;
(c) statements received pursuant to Article 21;
(d) the supplements which will be deemed to have been adopted in accordance with Article 22 and the date on which they will enter into force;
(e) received notifications pursuant to Article 23.
Pursuant to Article 102 of the Charter of the United Nations, this Convention will be registered in the Secretariat of the United Nations at the request of the Secretary-General of the Council.
In order to prove this, the undersigned, duly authorised, have signed this Convention.
In Brussels, on the eleventh day of June, in the 1960s, in French and English languages, the texts in both languages being authentic, in a single specimen to be deposited with the Secretary-General of the Council, who shall send certified copies to all States in accordance with Article 19 (1) of this Convention.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No 59 / 1970 Coll., on the Customs Convention concerning the Temporary Import of Scientific Material |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.06.1970 |
|---|---|
| Effective from | 04.05.1970 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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