ACT 10 OF 1992
Official Journal, No. 40.508 ,of 21 July 1992.
By means of which the Convention establishing the Customs Cooperation Council, signed in Brussels on 15 December 1950, is approved
Having regard to the text of the Convention establishing the Customs Cooperation Council, signed in Brussels on 15 December 1950, which reads as follows:
" CONVENTION THAT CREATES THE CUSTOMS COOPERATION COUNCIL.
Signed in Brussels on December 15, 1950.
The Governments signatory to this Convention, whereas it is advisable to ensure the highest degree of harmony and uniformity in their customs systems and in particular the study of problems inherent in the development and progress of the technical customs and customs legislation related to it, convinced that it will be in the interest of international trade to promote cooperation among governments in these matters, taking into account the technical and economic factors involved on the same; have agreed to the following:
ARTICLE 1o. A Customs Cooperation Council is created hereafter called "the Council".
a) They are members of the Council:
(i) Contracting Parties to this Convention (or Convention);
(ii) The Government of any autonomous customs territory with regard to its foreign trade relations which has been entrusted by the Contracting Party with the official responsibility for the diplomatic relations of that territory and whose admission as a member is approved by the Council.
(b) Any Government of a separate customs territory, a Member of the Council under paragraph (a), (ii) above, shall cease to be a Member of the Council by notification to the Council of its withdrawal by the Contracting Party which is responsible for the official responsibility for their diplomatic relations.
(c) Each Member of the Council shall appoint one delegate and one or more alternate delegates to represent it in the Council. These delegates may be assisted by advisers (or advisers).
(d) The Council may admit, as observers, to the representatives of non-member countries or international bodies.
ARTICLE 3o. The Council will be in charge of:
(a) Study all matters relating to Customs Cooperation that the Contracting Parties have agreed to promote in accordance with the general objectives of this Convention;
b) Examine the technical aspects of the customs systems as well as the economic factors relating to them with a view to proposing to their members practical means to achieve the greatest degree of harmony and uniformity;
c) Develop draft Conventions and amendments to the Conventions and recommend the adoption of the Governments concerned;
(d) Make recommendations to ensure the uniform interpretation and application of the conventions concluded as a result of their work as well as the Conventions relating to the nomenclature for the classification of goods in the customs tariffs and the Convention on the customs value of goods produced by the European Customs Union Study Group, and for that purpose, fulfil the functions assigned expressly by the provisions of those Conventions;
e) Formulate recommendations as a conciliation body for the adjustment or settlement of disputes arising in connection with the interpretation or application of the conventions referred to in paragraph (d) above, in accordance with the provisions of these conventions; the parties concerned may agree, agree with the Council, in advance to accept the recommendations of the Council;
f) Ensure the dissemination of information related to customs regulations and techniques;
g) By its own initiative or on request to provide interested governments, information or advice on customs matters within the general objectives of this Convention and to make recommendations on them;
h) Co-operate with other intergovernmental organizations in matters pertaining to their competence.
ARTICLE 4. The Members of the Council shall supply, at the request of the Council, information and documentation necessary for the performance of their duties, stipulating however that no member of the Council may be required to disclose information of a confidential nature, the disclosure of which would prevent the application of its legislation or which otherwise would be contrary to the public interest or would harm the legitimate commercial interests of any public or private enterprise.
ARTICLE 5o. The Council will be assisted by a Permanent Technical Committee and a Secretary General.
(a) The Council shall elect each year between the delegates to its President and at least two Vice-Presidents;
(b) Its rules of procedure shall be established by a two-thirds majority of its members;
(c) A Nomenclature Committee shall be established in accordance with the provisions of the Convention on Nomenclature for the Classification of Goods in Customs Tariffs, as well as a Valuation (or Valuation) Committee, as provide for the provisions of the Convention on the Value (or valuation) of goods to customs. It may also set up the other committees it deems necessary for the implementation of the conventions referred to in Article III (d), or for any other purpose within its competence;
d) Set the tasks to be assigned to the Standing Technical Committee and the powers, (or attributions) delegated to it;
e) Approve the annual budget, control expenses, and provide the Secretary-General with the necessary information regarding his finances.
(a) The seat of the Council shall be established in Brussels;
(b) The Council, the Standing Technical Committee and any of the Committees set up by the Council may meet in a place other than the seat of the Council, if it so decides;
(c) The Council shall meet at least twice in the year; the 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 participate or vote on matters relating to the interpretation and application of the conventions in force provided for in Article III (d) above, which does not they are applicable or on the amendments relating to these conventions;
(b) Except as provided for in Article VI (b), the decisions of the Council shall be taken by a two-thirds majority of the members present and empowered to vote. The Council shall not take any decision on any matter unless more than half of its members with the right to vote in respect of the matter are present.
(a) The Council, together with the United Nations, will establish its principal organs and subsidiaries and its specialized agencies, as well as any other intergovernmental body in order to ensure a better collaboration in the achievement of their respective tasks.
(b) The Council may conclude agreements necessary to facilitate consultation and cooperation with non-governmental organisations concerned in relevant matters within its competence.
(a) The Permanent Technical Committee shall be composed of representatives of the Council Members. Each Member of the Council may appoint one delegate and one or more alternates to represent them in the Committee. The representatives shall be officials specialising in customs technical matters. They can be helped by experts.
b) The Standing Technical Committee shall meet at least 4 times per year.
(a) The Council shall appoint a Secretary-General and an Deputy Secretary-General whose duties, duties, administrative conditions and term of office shall be determined by the Council;
(b) The Secretary-General shall appoint the administrative staff of the General Secretariat. Staff and staff regulations will be submitted for approval by the Council.
(a) Each member of the Council shall bear the costs of its own delegation to the Council, the Standing Technical Committee and the Committees set up by the Council;
(b) Council expenditure shall be paid by its members and distributed according to the scale set by the Council;
(c) The Council may suspend the right to vote of any member who does not pay its financial obligations within three months after having been notified of it;
d) Each Board Member shall pay in full the annual fee for the financial year during which it became a Board Member, as well as the year during which the notification of its withdrawal was made effective.
(a) The Council shall enjoy in the territory of each of its Members the legal capacity necessary for the exercise of its functions, as indicated in the Annex to this Convention;
(b) The Council, the representatives of its Members, the advisers and experts appointed to support them, the officials of the Council shall enjoy the privileges and immunities referred to in that Annex;
(c) The Annex to this Convention shall make an integral part of it and any reference to the Convention shall be considered or applied equally to this Annex.
ARTICLE 14. The Contracting Parties shall accept the provisions of the Protocol on the Study Group for the European Customs Union, opened for signature in Brussels on the same date as this Convention.
To determine the scale (or scale) of the contributions provided for by Article XII (b), the Council shall take into consideration the participation of its Members in the Study Group.
ARTICLE 15. The Present Convention will open for signature until March 31, 1951.
(a) This Convention shall be subject to ratification;
(b) The instruments of ratification shall be filed (or deposited) with the Ministry of Foreign Affairs of Belgium, which shall notify all signatory and affiliated governments of such deposit to the Secretary-General.
(a) This Convention shall enter into force after seven of the signatory governments have deposited their instruments of ratification;
(b) For any signatory government which deposits (or presents) its instrument of ratification at a later date, the Convention shall enter into force on the date of submission of its instrument of ratification.
(a) The Government of any State which is not a signatory to this Convention may accede to it from 1. of April 1951;
(b) The instruments of accession shall be filed (or deposited) with the Ministry of Foreign Affairs of Belgium which shall notify all the signatory and affiliated governments of such deposit, as well as the Secretary-General;
(c) This Convention shall enter into force for any government affiliated to the date of deposit of its instrument of accession, but not before its entry into force in accordance with Article XVII (a).
This Convention shall have an unlimited duration, but at any time after the expiry of five years after its entry into force pursuant to Article XVII (a), any Contracting Party may withdraw from it. The withdrawal will be effective after one year after receipt of the notification of withdrawal by the Belgian Foreign Ministry. The Belgian Ministry of Relations shall notify each withdrawal to all signatory and affiliated governments (or adherents) as well as to the Secretary-General.
(a) The Council may recommend (or suggest) to the Contracting Parties on the amendments to this Convention;
(b) Any Contracting Party accepting an amendment shall notify in writing its acceptance to the Ministry of Foreign Affairs of Belgium and shall notify all the signatory and acceding governments (or affiliates) as well as the Secretary General about receipt of acceptance notification;
(c) An amendment shall enter into force three months after the notifications of acceptance of all the Contracting Parties have been received by the Ministry of Foreign Affairs of Belgium. Where an amendment has been accepted by all Contracting Parties, the Ministry of Foreign Affairs of Belgium shall notify all signatory and acceding governments, as well as the Secretary-General, of such acceptance, and of the the date of its entry into force;
d) After an amendment has entered into force, no government may ratify this Convention or accede unless it also accepts the amendment.
In faith of which, the undersigned, duly authorized by their respective Governments have signed this Convention.
Given in Brussels on 15 December 1950 in French and English languages, both texts equally authentic, in a single original, which will be deposited in the archives of the Government of Belgium, which will issue certified copies of the same to each one of the signatory and acceding governments.
By Germany: v. Maltzan.
By Belgium: Paul van Zeeland.
By Denmark: Bent Falkenstjerne.
By France: J. de Hauteclocque.
By Britain and Northern Ireland. J.H. Le Rougetel.
By Greece: D. Capsalis.
By Iceland: Peter Benedktsson.
For Italy: Pasquale Diana.
For Luxembourg: Robert Als.
By Norway: Johan Georg Raeder.
For The Netherlands: G. Beelaerts van Blokland.
By Portugal: Eduardo Vieira Litao.
By Sweden: G. de Reuterskiold.
Legal capacity, privileges, and immunities of the Council.
For the application of this Annex:
(i) For the purposes of Article III, the words "goods and assets" shall also apply to the goods and funds administered by the Council in the performance of their organic duties.
(ii) For the purposes of Article V, the expression "representatives of Members" shall be considered as including all representatives, alternate representatives, advisors, technical experts and Secretaries of Delegations.
The Council will have the legal personality. You will have the capability to:
b) Acquiring and disposing of movable and immovable property;
c) Litigar or start processes.
In these cases, the Secretary will act on behalf of the Board.
The Council, its assets and assets, wherever they are located and whoever owns them, shall enjoy immunity from jurisdiction, except in the case where it has been waived in any particular case. However, it is understood that the waiver will not be extended to any of the implementing measures.
Council facilities will be inviolable.
Your assets and assets, wherever they are located and by whomever you have owned, will be exempt from requisition, registration, confiscation, expropriation and any other form of executive, administrative, judicial or administrative coercion. legislation.
The files of the Council and in general all the documents belonging to it, or maintained by him, will be inviolable wherever they are located.
Without being limited (or restricted) by any control, regulation or financial moratorium:
(a) The Council may retain currency of all kinds and handle accounts regardless of which currency;
(b) The Council may freely transfer its funds from one country to another or within any country and convert all currencies retained by it to any other currency.
In the exercise of its rights granted under section 6 above, the Council shall pay due attention to any representations made by any of its members and shall take effect such representations to the extent that they are that the latter considers that it can be done without going to the detriment of its own interests.
The Council, its equity (or assets), revenue and other assets shall be:
a) Exonerated from any direct tax. It is understood, however, that the Council will not claim the tax exemption, which in fact constitutes the mere remuneration of public utility services;
(b) Exonerated from any customs duty and any prohibition and restriction on imports or exports in respect of articles imported or exported by the Council for official use. It is understood, however, that the items imported under that exemption will not be sold in the country in which they were introduced, except under the conditions agreed by the Government of that country;
c) Exonerated of all customs duties and any prohibition or restriction with respect to their publications.
While the Council does not, as a general rule, claim the exemption of indirect (or consumption) and tax on the sale of movable and immovable property, while making for official use, important purchases whose price includes the rights and taxes of this nature, the members of the Council, whenever possible, shall make the appropriate administrative arrangements with a view to the remission or repayment of the amount of these duties and taxes.
The Council shall enjoy for its official communications, in the territory of each of its members a treatment no less favourable than that agreed by that member for any other Government, including the diplomatic mission of the latter, in matter of priorities, tariffs and taxes on mail, cable-laws, telegrams, radio-telegrams, telephoto, telephone communications and other communications, as well as in terms of information fees for the press and radio.
Official correspondence and other official communications of the Council may not be censored.
This section may in no way be construed as an impediment to the adoption of appropriate security measures to be determined by the agreement between the Council and any of its members.
At the meetings of the Council, the Standing Technical Committee and the Council Committees, the representatives of its members shall enjoy the following privileges and immunities during the performance of their duties and during the course of their travels. a and from the place of the meeting:
(a) Immunity of personal arrest or detention and seizure of their personal luggage, and in relation to spoken or written words in all acts performed by them in their official condition, immunity from any jurisdiction;
b) Inviolability of all paper and documents;
c) Right to make use of codes and to receive documents or correspondence by mail or by valid;
(d) Exemption for themselves and their spouses in respect of all restrictive measures relating to immigration, or the requirements for registration of foreigners in the country in which they are visiting or for which they are in transit for the purpose of compliance with their functions;
e) The same facilities with respect to monetary or exchange restrictions as agreed for representatives of foreign governments on temporary official mission;
(f) The same immunities and facilities as regards their personal luggage as agreed for the members of the diplomatic missions of comparable rank (or category).
In order to assure the representatives of the Council Members at the meetings of the Council, the Permanent Technical Committee and the Council Committees a complete freedom of speech and complete independence in the performance of their functions, immunity from jurisdiction with respect to spoken or written words and all acts performed by them in the exercise of their functions, shall continue to be agreed even if the mandate (or performance) of these persons has already been finished.
Privileges and immunities shall be agreed for the representatives of the members, not for the personal benefit thereof, but in order to safeguard full independence in the performance of their duties in relation to the Council. As a result, a member will have not only the right, but the duty to waive the immunity of his representatives in any case where, at the member's consideration, immunity would impede the course of justice and where this immunity could be waived without prejudice to the purposes for which it was agreed.
The provisions of Sections 12 and 13 are not applicable to the authorities of the State to which the person belongs, or of which he is or has been a representative.
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 within these categories.
(a) They shall have immunity from jurisdiction for acts performed by them (with respect to oral or written promises) in the performance of their duties and within the limits of their powers (competence);
(b) They shall be exempt from any tax on salaries and emoluments paid to them by the Council;
(c) They shall not be subject, together with their spouses and their family members and persons in charge, to restrictive immigration measures, or to registration formalities for foreigners;
(d) With regard to exchange facilities, they shall enjoy the same privileges as members of diplomatic missions;
(e) In a period of international crisis, they shall enjoy, as well as their spouse and dependent family members (or in charge), the same repatriation facilities as members of the diplomatic missions of such a category;
f) You shall enjoy the right to import duty free of your furniture and effects on the occasion of your first taking of duties (charge) in the country concerned, and to return such effects and furniture free of tax to your country of domicile to the termination of his/her duties.
In addition to the privileges and immunities provided for in Section 17, the Secretary-General of the Council, as regards himself, his wife and children under the age of 21, shall enjoy the privileges and immunities, exemptions and facilities agreed in accordance with international law, for the heads of diplomatic missions.
The Assistant Secretary-General shall enjoy the privileges, immunities, exemptions and facilities agreed upon for the diplomatic representatives of such a category (or similar rank).
Privileges and immunities shall be granted to officials only for the benefit of the Council and not for personal gain. The Secretary-General may and shall waive the immunity granted to an official in any case where in his opinion immunity would impede the course of justice and where immunity may be waived without prejudice to the interests of the Council. In the case of the Secretary-General, the Council shall have the right to waive immunity.
Experts (other than the officials referred to in Article VI), who carry out missions to the Council, shall be granted such privileges, immunities and facilities as may be necessary for the exercise of their duties during the period of their missions, including time spent on travel in relation to their missions, and
In particular it will be granted to them:
a) Immunity of personal arrest or detention and seizure of your luggage;
(b) Immunity of jurisdiction in respect of acts performed by them and which comprise oral or written promises in the exercise of their missions and within the limits of their powers or competence.
c) Inviolability of all paper and documents.
The privileges, immunities and facilities will be given to the experts in the interest of the Council and not for personal gain. The Secretary-General may and shall waive the immunity granted to an expert in any case in which, according to his opinion, such immunity would impede the course of justice and in the event that such immunity could be waived without prejudice to the interests of the Board.
The representatives of the members at the meetings of the Council, the Standing Technical Committee and the Council Committees, during the performance of their duties and in the course of their travels to the place of destination or from the place of the meeting, the officials referred to in Section 16 and Section 20 shall not be required by the territorial authorities to leave the country in which they are performing their duties due to any of the activities carried out by them in their capacity official. However, in the case of abuse of the privileges of residence committed by that person within the activities carried out outside his official competence, he may be coerced to leave the country by the Government of that country stipulating that:
(i) Representatives of the Members of the Council or persons having the right to enjoy diplomatic immunity in accordance with the terms of Section 18 shall not be coerced into leaving the country, in a manner other than that agreed upon in the diplomatic procedure applicable to diplomatic envoys accredited in that country.
(ii) In the case of an official to whom section 18 does not apply, no expulsion decision shall be taken without the approval of the Ministry of Foreign Affairs of the country concerned, approval to be issued after consultation with the Secretary-General of the Council; and if an expulsion procedure is brought against an official, the Secretary-General of the Council shall have the right to intervene in such a process on behalf of the person against whom it was established.