Decree of the Minister of Foreign Affairs No. 89 / 1963 Coll.
Ordinance of the Minister for Foreign Affairs on the Customs Convention on E.C.S. Carnets for Trade Samples and the Customs Convention on the A.T.A. Carnet for Import Customs Registration of Goods
Valid
Effective from 11.12.1963
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89.
DECLARATION
Minister for Foreign Affairs
of 21 November 1963
on the Customs Convention on E. C. S. Carnets for Trade Samples and the Customs Convention on A. T.A. Carnet for Import Customs Registration of Goods
On 1 March 1956, the Customs Convention on E. C. S. Carnets for trade samples was negotiated in Brussels.
On 21 December 1962, a document was deposited with the Belgian Ministry of Foreign Affairs on the accession of the Czechoslovak Socialist Republic to the said Customs Convention. According to Article XXII, paragraph 3, the Convention for the Czechoslovak Socialist Republic entered into force on 21 March 1963.
On 6 December 1961, the Customs Convention on the A.T.A. Carnet for the import of goods was negotiated in Brussels.
On 21 December 1962, a document was filed with the Secretary-General of the Customs Cooperation Council based in Brussels on the accession of the Czechoslovak Socialist Republic to the said Customs Convention. Pursuant to Article 21 (1) of the Convention, the Convention entered into force on 30 July 1963 and on that date it also entered into force for the Czechoslovak Socialist Republic.
The Czech translation of the Treaties is announced simultaneously. The annexes to the Conventions are available in the Czechoslovak Chamber of Commerce.
David v. r.
CUSTOMS CONVENTION
on E. C. S. carnets for trade samples
Governments that have signed this Convention,
Desiring to facilitate both temporary import and temporary export of commercial samples,
taking into account the intentions of the International Convention to facilitate imports of commercial samples and advertising material, concluded in Geneva on 7 November 1952 and unsigned on 1 February 1953,
agree on the following:
For the purposes of this Convention:
(a) The term "samples" shall mean articles which constitute a particular type of goods already produced or which are models of goods the manufacture of which is prepared, provided that:
1. that they belong to a person established abroad and that they are only imported to be presented in the territory to which they are imported in order to obtain orders for goods to be imported from abroad;
2. that they will not be sold or put into normal use, except as much as would be necessary to demonstrate them, and that they will not be used in any other way, whether in rent or in return for their stay in the territory where they were imported;
3. they are intended for re-export at the appropriate time; and
4. that their re-export identity may be ascertained, but does not apply to those cases where the same person is imported or sent to the same consignee in such quantities that, when taken into account as a whole, they no longer have the nature of samples according to normal commercial practice.
(b) "import levies" shall mean customs duties and all other levies and charges 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 the services provided and which do not create indirect protection of domestic products or taxation of imports for fiscal purposes.
(c) "E. C. S. Carnet" (Echantillons commerciaux - Commercial samples) means a document drawn up under this name by the Council and printed in the Annex to this Convention. The text of this instrument shall be printed in French, English and in the official language or one of the official languages of the country where the instrument is drawn up.
(d) "Approved Association" means an association which has been approved by the customs authorities of one of the Contracting Parties for issuing E. C. S. carnets or for guaranteeing the payment of import levies and other amounts referred to in Article II of this Convention.
(e) "Exhibit association" means an approved association which exhibits E. C. S. carnets in the country of first export of samples.
(f) "guaranteeing association" means an approved association of an import country which guarantees payment of import levies and other amounts referred to in Article II of this Convention.
(g) "Convention establishing the Council" means the Convention establishing a Customs Cooperation Council, concluded in Brussels on 15 December 1950.
(h) "Council" means the Customs Cooperation Council referred to in paragraph (g) of this Article.
1. Each guaranteeing association shall guarantee the customs authorities of the territory in which that association is established the payment of the import levies and other amounts referred to in the fourth paragraph of this Article which may be required for samples imported into that country under the cover of E. C. S. carnets issued by the competent issuing association. The guaranteeing association shall not be obliged to pay more than the amount of import levies plus 10%.
2. E. C. S. Carnets are exhibited by exhibiting associations. They may be issued only to natural or legal persons established in the country where the carnet is issued, who may prove that they are either a manufacturer or a trader or a representative or a worker of a producer or a trader.
3. By way of derogation from the provisions of paragraph 2 of this Article, the issuing associations may issue carnets and persons not established in the country where the carnet is issued, provided that the customs authorities of the importing country recognise the validity of carnets so issued.
4. Each Contracting Party shall accept each E. C. S. Carnet valid for its territory, which has been issued and used under the conditions laid down in this Convention, as a guarantee for import levies and other amounts (except for the fees and charges referred to in point (b) of Article I of this Convention) which could be required for the importation of the samples concerned. Such samples shall be eligible for import entry in the importing country and shall be imported by a natural person established in the territory of another Contracting Party.
5. By way of derogation from the provisions of paragraph 4 of this Article, Contracting Parties may accept, under conditions which they shall determine, E. C. S. carnets for samples which are not accompanied or for samples imported by a natural person established in their own territory.
E. C. S. carnets or parts of E. C. S. carnets intended to be displayed in the country to which they are imported and sent to an approved association dealing with the display of carnets by a corresponding foreign association, international organisation or customs office of a Party shall be released without import levies and shall not be subject to any import prohibitions or restrictions. Similar concessions will also be granted for exports.
The issuing association shall indicate on the cover and at the entry points of the carnet, as appropriate, the countries for which the carnet does not apply.
The issuing associations may issue E. C. S. carnets with a maximum validity of one year from the date of issue.
Once the E. C. S. Carnet has been issued by the issuing association, no item shall be added to the list of samples listed on the reverse of the carnet envelope.
1. Samples imported under the cover of the E. C. S. carnet must be re-exported without any change of identity during the period of validity of the carnet and within a period to be fixed by the customs authorities of the country of temporary importation. This period shall in no case exceed the carnet's term of validity.
2. Samples covered by a certain E. C. S. Carnet and exported or imported at the same time shall also be imported or exported at the same time if the customs authorities of the countries concerned do not allow exemptions.
3. Proof of re-export is the re-export certificate issued on the E. C. S. Carnet by the customs authorities of the country where the samples were temporarily imported.
1. Where the customs authorities of a Contracting Party permit certain samples imported into their territory under cover of an E. C. S. Carnet need not be re-exported, the guaranteeing association shall be released from the guarantee obligation only after the customs authorities of the country of temporary importation have confirmed on that carnet that the issue of re-export of those samples has been resolved.
2. If temporary imports of samples cannot be re-exported because they have been seized for a reason other than the request of a private person, the obligation to re-export within the time limits laid down in Article VII of this Convention shall be established during the period of seizure.
3. The customs authorities shall, as far as possible, communicate to the guaranteeing association cases where they have confiscated or had samples covered by the E. C. S. Carnet guaranteed by that association and shall inform them of the measures they intend to take.
Once the customs authorities of a Contracting Party have unconditionally confirmed the re-export of samples covered by the E. C. S. Carnet, they may no longer require the guaranteeing association to pay the amounts referred to in Article II of this Convention in respect of those samples. However, a requirement under its guarantee may still be applied to the guaranteeing association if it is subsequently found that the re-export certificate has been obtained in an incorrect or fraudulent manner or that the conditions laid down for temporary importation have been infringed.
Customs certificates on E. C. S. carnets granted under the conditions laid down in this Convention shall not be subject to any customs procedure charge where such operations are carried out at customs offices or customs patrols and in normal working hours.
1. Where an E. C. S. Carnet has not been properly discharged, the customs authorities of the country of temporary importation may accept as evidence of re-export of samples, even after the expiry of the carnet, and although they have no proof that no re-export took place:
(a) the particulars given by the customs authorities of another Contracting Party on the same E. C. S. carnet on re-importation into the country of origin, provided that such data relate to re-importation, which may be shown to have actually occurred after re-export to prove;
(b) a certificate from the customs offices of another Contracting Party which is based on data contained in a return separate from the carnet on importation into the territory of that Contracting Party, provided that such data relate to imports which may be shown to have actually occurred after re-exportation to prove.
2. The customs authorities of the country of temporary importation may also accept any other proof that the samples are elsewhere than that country.
3. In the event of destruction, loss or theft of the E. C. S. Carnet concerning samples which are in the territory of one of the Contracting Parties, the customs authorities of that Contracting Party shall, at the request of the issuing association and subject to conditions to be laid down by those authorities, accept a replacement document, the validity of which shall be the same day as the carnet which shall be replaced by that document.
In cases referred to in Article XI of this Convention, the customs authorities will be able to levy a carnet fee.
The customs authorities shall in no way require the guaranteeing association to pay the import levies and other amounts referred to in Article II of this Convention if this requirement has not been applied to that association within one year of the date of expiry of the carnet.
1. The guaranteeing association shall have a period of six months from the date of notification of the non-completion of the E. C. S. carnet in order to carry out proof of re-export of samples under the conditions laid down in this Convention.
2. In the absence of such proof within the prescribed period, the guaranteeing association shall immediately lodge a security or pay provisionally the import levies and other amounts referred to in Article II of this Convention. This composition or payment shall become final after a period of three months from the date of lodging of the security or provisional payment. During that period, the guaranteeing association may still benefit from the relief provided for in the preceding paragraph in order to recover the amounts paid or paid.
3. For countries whose rules do not know the lodging of a security or the provisional payment of import levies, payments which would have been made in accordance with the provisions of the preceding paragraph shall be deemed definitive, but shall mean that the amounts paid may be recovered if proof of re-export of samples is provided to the customs authorities in accordance with the provisions of this Convention.
Nothing in this Convention shall preclude Contracting Parties which form a customs or economic union from issuing special rules for persons established in a country forming part of that Union.
In the event of fraud, offence or abuse, the Contracting Parties shall have the right, irrespective of the provisions of this Convention, to prosecute against persons using the carnet in order to recover from them import levies and other amounts due, as well as to obtain the imposition of a penalty to which they are subject. In such cases, associations are to provide assistance to customs.
The provisions of this Convention shall also apply to cinematographic positive films of an advertising nature of a width not exceeding 16 mm, provided that it is demonstrated to the satisfaction of the customs authorities that they are film producing mainly photographs (with or without a sound band) showing the nature or activity of products or equipment the characteristics of which cannot be appropriately shown by means of samples or catalogues, provided that such films:
(a) apply to products or equipment put up for sale or for hire by a person established in the territory of another Contracting Party;
(b) are such that they are suitable for demonstrating to potential customers, but not for public screening; and
(c) are imported in a package containing only one copy of each film and not forming part of a major consignment of films.
1. The Contracting Parties shall meet when necessary to examine the conditions under which this Convention is implemented and in particular to take the necessary measures to ensure its uniform interpretation and implementation.
2. The Secretary-General of the Council shall convene such meetings at the request of any Contracting Party; Unless otherwise decided by the Contracting Parties, they shall be held at the seat of the Council. The Parties shall establish rules of procedure for these meetings.
3. Decisions of the Contracting Parties shall be taken by a two-thirds majority of the Contracting Parties present to take part in the vote.
4. The Contracting Parties may not make a valid decision on any question unless a majority of them is present.
1. Any dispute arising between the Parties concerning the interpretation or implementation of this Convention shall be settled, as far as possible, by direct negotiations between them.
2. A dispute which will not be settled by direct negotiation shall be submitted by the parties between which the dispute has occurred to the parties gathered pursuant to Article XVIIa, which shall examine the dispute and make recommendations for its settlement.
(3) Contracting Parties between which the dispute has occurred may agree in advance to accept the recommendation of the Contracting Parties as binding.
This Convention shall be open until 30 September 1956 for the signature of each Government Party to the Convention establishing the Council.
This Convention is subject to ratification. The instruments of ratification shall be deposited with the Belgian Ministry of Foreign Affairs, which shall inform the Government which signed or acceded to the Convention and the Secretary-General of the Council thereof.
1. Three months after the date on which the ratification instruments of three governments will be deposited with the Belgian Ministry of Foreign Affairs, this Convention will become effective vis-à-vis those governments.
2. For each government which has signed this Convention and deposit its instrument of ratification after that date, the Convention shall become effective three months after the date of deposit of this instrument of ratification with the Belgian Ministry of Foreign Affairs.
1. The Government of any State which has not signed this Convention and which is a Contracting Party to the Convention establishing the Council may accede to this Convention as from 1 October 1956.
1a. The Government of each Member State of the United Nations or of its specialised institutions, as well as the Government of any other State which has received an invitation from the Contracting Parties to this effect, may also accede to this Convention.
2. The instruments of access shall be deposited with the Belgian Ministry of Foreign Affairs, which shall inform all governments which have signed or acceded to this Convention and the Secretary-General of the Council of any access.
3. This Convention shall enter into force on each acceding government three months after the date of deposit of the instrument of accession, but not before it becomes effective in accordance with paragraph 1 of Article XXI above.
1. This Convention shall be concluded for an unlimited period, but each Contracting Party may terminate it at any time after twelve months of its entry into force in accordance with paragraph 1 of Article XXI above. The denunciation shall take effect three months 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 Council of the termination of the statement.
2. Each E. C. S. Carnet issued before the date on which the notice becomes effective shall remain in force and the guarantee of the guaranteeing association shall remain in force.
Any government may, either at ratification or accession or at a later date, declare in a communication recommended by the Belgian Ministry of Foreign Affairs that this Convention also applies to all or to any territory for which it is internationally responsible; The Convention will then apply to these territories three months after the date on which the Belgian Ministry of Foreign Affairs received this notification, but not before the Convention becomes effective against the Government concerned.
2. Any government which, pursuant to paragraph 1 of this Article, has adopted the Convention for certain territories for which it is internationally responsible may, on behalf of that territory, send a notice of resignation to the Belgian Ministry of Foreign Affairs in accordance with the provisions of Article XXIII of that Convention.
3. The Belgian Ministry of Foreign Affairs shall inform all governments which have signed or acceded to this Convention and the Secretary-General of the Council of any notification made to it under this Article.
1. The Contracting Parties may recommend amendments to this Convention.
2. The text of any amendment so recommended shall be communicated by the Belgian Ministry of Foreign Affairs to all Contracting Parties, to the governments of all other States which have signed or acceded to the Convention, to the Secretary-General of the United Nations and to the Secretary-General of the Council.
3. Any draft amendment communicated pursuant to the preceding paragraph shall be deemed to have been accepted if no Contracting Party objects within a period of six months from the date on which the Belgian Ministry of Foreign Affairs notified that draft amendment to the Contracting Parties.
4. The Belgian Ministry of Foreign Affairs shall notify all Contracting Parties, as well as the Secretary-General of the Council, of the objection to the draft amendment and, if not applied, the amendment shall enter into force for all Contracting Parties three months after the expiry of the six-month period laid down in the preceding paragraph.
5. The Belgian Ministry of Foreign Affairs shall notify all Contracting Parties and the other States which have signed or acceded to the Convention, as well as the Secretary-General of the United Nations and the Secretary-General of the Council, of any amendments or amendments deemed accepted.
6. For each Government ratifying or acceding to this Convention, it is considered that it has adopted amendments which entered into force on the date of presentation of the instrument of ratification or accession, as well as the rules for amending the E. C. S. carnet in force on that date.
7. By way of derogation from the provisions of this Article, the Contracting Parties shall lay down rules for amending the E. C. S carnet.
No reservations shall be made to this Convention.
To prove the signature, if they were properly empowered by their governments, they would sign this Convention.
Done at Brussels, 1 March 1956.
in the languages of the French and English, the two texts being authentic, in one copy, to be deposited in the archives of the Belgian Government, which shall deliver to all governments which have signed or acceded to this Convention the certified copies of this Convention.
Signature Protocol
When signing the Customs Convention on E. C. S. Carnets for trade samples of today's date of signature, they declare, when duly empowered by their governments:
1. The provisions of this Convention provide for minimum concessions. They shall not impede the application of major concessions provided or likely to be granted by certain Contracting Parties either by unilateral measures or under bilateral or multilateral agreements.
2. The Contracting Parties undertake to treat the E. C. S. Carnet as a new relief and not as an obligation imposed on persons importing temporary samples.
3. The Contracting Parties recognise that the successful implementation of this Convention requires that foreign exchange transfer concessions be granted to approved associations:
(a) the amounts requested by the customs authorities of one of the Contracting Parties;
(b) on the repayment of import levies in accordance with Article XIV of the Convention;
(c) necessary to pay the forms of the E. C. S. carnet sent by the approved association to their associations or to the corresponding association.
They signed this protocol, which forms an integral part of the Convention.
CUSTOMS CONVENTION
about the A.T.A. Carnet
for the import of goods
(Convention A. T.A.)
PREAMBLE
States which have signed this Convention,
collected under the auspices of the Customs Cooperation Council and the Parties to the General Agreement on Tariffs and Trade (GATT) and with the assistance of the United Nations Educational, Scientific and Cultural Organisation (UNESCO),
taking into account the proposals made by representatives of international trade and other interessants who wish to simplify the formalities for the temporary import duty,
are convinced that the adoption of common rules for the management of temporary customs duties free of import of goods will bring substantial benefits to international trade and cultural relations and ensure a higher degree of consistency and unity for the customs systems of the Contracting Parties,
agree on the following:
CHAPTER I
Definitions and approvals
For the purposes of this Convention:
(a) "import levies" shall mean the duties and any other levies and charges 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 limited to the approximate price of the services provided and which do not create indirect protection of domestic products or taxation of imports for fiscal purposes;
(b) "import record": a customs procedure for temporary importation without import levies, under the conditions laid down in the conventions referred to in Article 3 below or in the laws of the importing country;
(c) "transit" means the transport of goods from one customs office to another customs office in the same territory under the conditions laid down by the laws of that Party;
(d) "A. T.A. Carnet": (Admission Temporary Admission);
(e) "issuing association": an association approved by the customs authorities of a Contracting Party for the issue of A.T.A. carnets in the territory of that Contracting Party;
(f) "guaranteeing association": an association approved by the customs authorities of a Contracting Party to provide a guarantee in the territory of that Contracting Party for the amounts referred to in Article 6 of this Convention;
(g) "Council": an organisation established by the Convention establishing a Customs Cooperation Council, concluded in Brussels on 15 December 1950;
(h) "person" means both a natural person and a legal person, unless the context implies otherwise:
The approval of the issuing association by the customs authorities referred to in paragraph (e) of Article 1 of this Convention may be conditional in particular on the condition that the selling price of the A. T.A. Carnet is proportionate to the services provided.
CHAPTER II
Scope of application
1. Each Contracting Party shall accept, instead of its own customs documents, and as sufficient security for the amounts referred to in Article 6 of this Convention, the A.T.A. carnets applicable to its territory which have been issued and which have been used under the conditions laid down in this Convention, for goods imported temporarily on the basis of:
(a) the Customs Conventions on the temporary importation of goods required for the pursuit of the profession concluded in Brussels on 8 June 1961;
(b) Customs conventions to facilitate imports of goods intended for exhibition or use at exhibitions, fairs, meetings or similar events concluded in Brussels on 8 June 1961;
where he is a Contracting Party to these Conventions.
2. Each Contracting Party may also accept A.T.A. carnets, drawn up and used under the same conditions, for goods imported temporarily under other international conventions on temporary importation as well as for customs clearance procedures under its own laws and regulations.
3. Each Contracting Party may accept, for transit through the A.T.A. Carnet, issued and used under the same conditions.
4. Goods to be worked or repaired may not be imported on the basis of the A.T.A carnet.
CHAPTER III
Exposure and use of A.T.A. Carnets
1. The issuing associations shall not issue A.T.A. carnets for a period of more than one year from the date of issue. They shall indicate on the cover of the carnet the countries to which the carnet applies as well as the relevant guaranteeing association.
2. Once the A.T.A. Carnet has been issued, no additional goods may be added to the list of goods listed on the reverse of the carnet envelope (general list) or to the supplementary sheets attached thereto.
The period laid down for re-export of goods imported under the A.T.A. carnet shall never exceed the period of validity of the carnet.
CHAPTER IV
Guarantee
1. Each guaranteeing association shall be liable to the customs authorities of the country in which that association has its registered office for the payment of import levies and other amounts which may be required in the event that the conditions laid down for temporary importation or transit of goods which entered that country under the cover of A.T.A. carnets issued by one of the issuing associations are not fulfilled. It is bound by the common hand and not by any distinction between the persons who owe these amounts.
2. The guaranteeing association shall not be obliged to pay more than the amount for import levies plus 10%.
3. Once the customs authorities of the importing country have unconditionally released an A.T.A. carnet in respect of certain goods, they may no longer require the guaranteeing association to pay the amounts referred to in paragraph 1 of this Article in respect of those goods. However, a claim may still be made against the guaranteeing association by virtue of its guarantee if it is subsequently found that the release of the carnet has been obtained in an incorrect or fraudulent manner, or if there is a breach of the conditions to which it is subject to temporary importation or transit.
4. The customs authorities shall in no way be able to enforce the guarantee association in order to pay the amounts referred to in paragraph 1 of this Article, unless the payment requirement has been applied to that association within one year of the date on which the carnet expired.
CHAPTER V
Carnets handling A.T.A.
1. The guaranteeing association shall have a period of six months from the date on which the customs authorities have requested payment of the amounts referred to in paragraph 1 of Article 6 above in order to carry out proof of re-export of the goods under the conditions laid down in this Convention or of any other normal processing of the carnet.
2. In the absence of such proof within the prescribed period, the guaranteeing association shall immediately lodge a security for these amounts or pay them provisionally. This composition or payment shall become final after a period of three months from the date of lodging of the security or provisional payment. During that period, the guaranteeing association may still benefit from the relief provided for in the preceding paragraph in order to recover the amounts paid or paid.
3. For countries whose rules do not know the lodging of a security or the provisional payment of import levies, payments which would have been made under the conditions laid down in the preceding paragraph shall be deemed definitive, but shall mean that the amounts paid shall be repaid if the evidence referred to in paragraph 1 of this Article is submitted within three months of the date of payment.
1. The proof of re-export of goods imported under the cover of the A.T.A. Carnet is the re-export certificate issued on that Carnet by the customs authorities of the country where the goods were temporarily imported.
2. Where the re-export of goods has not been certified in accordance with paragraph 1 of this Article, the customs authorities of the importing country may accept as proof of re-export of the goods, even after the expiry of the carnet:
(a) the particulars given by the customs authorities of another Contracting Party on the same A.T.A. carnet on importation or re-importation or certification of such offices, issued on the basis of the data entered on the separate removal of that carnet on importation or re-importation into their territory, provided that such data relate to imports or re-importation which can be shown to have actually occurred after re-exportation to prove;
(b) any other proof that the goods in question are outside the territory of that country.
3. Where the customs authorities of a Contracting Party allow certain goods imported into their territory under the cover of the A.T.A. Carnet not to be re-exported, the guaranteeing association shall be released only after they have confirmed on that Carnet that the issue of re-exportation of those goods has been resolved.
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Regulation Information
| Citation | Decree of the Ministry of Foreign Affairs No 89 / 1963 Coll., on the Customs Convention on E.C.S. Carnets for Trade Samples and on the Customs Convention on the A.T.A. Carnet for Import Customs Registration of Goods |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.12.1963 |
|---|---|
| Effective from | 11.12.1963 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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