On The Access Of The Czechoslovak Republic To The International Convention To Facilitate The Importation Of Commercial. Designs

Original Language Title: o přístupu ČSR k Mezinárodní úmluvě o usnadnění dovozu obch. vzorů

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=28328&nr=17~2F1956~20Sb.&ft=txt

17/1956 Coll.



Decree



Minister of Foreign Affairs



on 2 December. March 1956



on access of the Czechoslovak Republic to the International Convention to facilitate the

importation of commercial samples and advertising material, agreed in Geneva on

on 7 November 1952



On The VII. the meeting of the parties to the General Agreement on tariffs and trade in

Geneva was the day 7. November 1952 negotiated International Convention on

facilitate the importation of commercial samples and advertising material.



According to article XI of this Convention became effective on the thirtieth day after

the date on which it was composed, the fifteenth instrument of ratification, acceptance or

access, t j. on 20 June 2001. November 1955.



Government has shown its resolution of 14 May 2003. September 1955 consent

The Czechoslovak Republic to this Convention. President of the Republic ratified the

This Convention on 22 November. October 1955 and the instruments of ratification were composed of the day

January 12, 1956, in accordance with article X of this Convention with the Secretary

Of the United Nations.



According to article XI of this Convention became effective for each

acceding Government on the thirtieth day after the date on which this Government has passed its

the instrument of ratification, acceptance or access, therefore, acquired for the

The Czechoslovak Republic on 11 March 2006. February 1956.



In addition to the Czechoslovak Republic to this Convention are not yet bound by these

States: Australia (valid also for territories for whose external relations

Australia matches), Denmark, Egypt, Finland, India (with reservations),

Indonesia, Japan, the German Federal Republic (with reservations), the Netherlands

(valid for the European territory, Suriname, Netherlands New Guinea,

Netherlands Antilles), Norway, Pakistan, Greece, the United Kingdom (including

the Isle of Man), Spain (with reservations), Sweden and Switzerland.



Czech translation of the International Convention to facilitate the importation of commercial samples and

advertising material shall be delivered as a separate part of the annex to

The collection of laws. ^ 1)



David v.r.



THE INTERNATIONAL CONVENTION



to facilitate the importation of commercial samples and advertising material.



(Translation.)



Governments that have signed this Convention,



convinced that the adoption of uniform rules concerning the

import of samples of goods of all kinds, whether natural or

products and advertising material, will support the expansion of the international

trade,



have agreed as follows:



Article. (I)



Definitions.



For the purposes of this Convention:



and) the term ' import charges ' shall mean customs duties and all other duties, taxes, and benefits

levied on importation or in connection with importation, as well as consumer

dose and internal taxes which is subject to import goods, with the exception of

fees and charges which are limited in amount to the approximate cost

proven services and which do not produce an indirect protection to domestic products,

or a taxation of imports for fiscal purposes;



(b) the term "person") means the physical or legal person;



c) talking about the territory of the Contracting Party shall mean the territory of the parent and the

any other territory for which the Contracting Party is an internationally

responsible and which are in accordance with the provisions of article XIII subject to this

the Convention.



Article II



Exemption of samples of negligible value from import levies.



1. each Contracting Party shall exempt from import levies in samples of goods of every

the species imported into its territory, if they have only little value and

If not for anything other than to have been obtained in order to

imports of goods orders presented in these samples. When deciding on the

whether or not a tiny samples of value, the Customs authorities

the importing country may take into account the value of each individual sample

or the total value of all samples that make up part of the same shipment. When

the implementation of this paragraph will not be the value of consignments from one

by the shipper to several recipients on the sečítána, even if these shipments are

imported at the same time.



2. the Customs authorities of the importing country may require that samples are to be

relief from import duties provided for in paragraph 1 of this article, the

made certain as goods, označkováním, articles,

prodirkováním., without, however, this change had the effect that the

their character as samples.



Article. (III)



The release of the other samples with a temporary exemption from import levies.



1. In this article it is understood by the term "samples" of such goods

represents a particular type of goods already produced or models of goods whose

production is being prepared, provided that:



and that belongs to the person) established in a foreign country and that they are imported only to

It was submitted or presented in the importing country for the purpose of obtaining

orders for goods to be shipped from abroad;



(b)) that will not be sold, or intended for any other use other than normal to

demonstration and that it will not be used in any other way, whether in the

hire or for consideration for his stay in the importing country;



(c)) that are intended for re-export, in good time and



(d)) that it is possible to determine their identity, but when the re-export of

It does not apply to those cases where the same person or the same are imported

recipients receive the same subjects in such quantity that the assessed

the sum do not have already the nature of samples under ordinary commercial usage.



2. the samples are subject to the import levies, imported from the territory of one of the Contracting

by persons established in the territory of another Contracting Party, either

through the salesman or without him will be temporarily

released without the import levy on the territory of each of the Contracting Parties,

If cash is the security for the import levies and other amounts, which would

Alternatively, were required, or if you can guarantee any

payment. Security to be established (with the exception of those that could be

required by article 4(1). VI of this Convention) shall not, however, exceed the amount of

import levies, increased by 10%.



3. The persons covered by it, could achieve the benefits provided for in this

the article must follow laws and regulations issued by the authorities in this matter

the importing country and to observe the customs legislation in force in this country. If

vehicles and industrial and agricultural machinery and equipment, which

the customs value in excess of $1000 (United States of America or

their equivalent value in another currency), importers may be saved to

announce the destination of these machines, equipment and vehicles; Moreover, it can

be required by the Customs authorities of the importing country, that have shown that at any time

These machines, equipment and vehicles are notified. The Customs authorities of the

importing countries can these machines, equipment and vehicles to seal or

Another way to prevent their operation for the time specified for the temporary

bezcelnost and define the space, where they can be listed in the remove and presented.



4. For later identification of the samples the Customs authorities of the importing country

will be fundamentally recognize as sufficient tagging made by the Customs authorities

some Contracting Parties, provided that these samples will be accompanied by a

a detailed description of authenticated by the Customs authorities of that Contracting Party. For more

tagging of samples can be done only if the customs

the authorities of the importing country is considered necessary to ensure the identification of specimens

their re-exportation. Tagging of samples must not cause their

neupotřebitelnost.



5. the period for the re-exportation of samples is allowed enjoying exemption

from the import levy pursuant to this article shall be determined at least six

months. After the time limit for re-exportation, import levies and

other amounts required will be selected from the samples that were not

back to be exported. They can also be selected before the end of this period of

samples will no longer comply with the conditions laid down in the first paragraph

This article.



6. when the return within a specified period made export samples

imported under the conditions referred to in this article, will be the return of compound

amounts or release of the security compound when the imports referred to in the second paragraph of

This article made some border without delay or

inland Customs Office so authorised, where applicable, after the deduction of

levies and other amounts from the samples, which were not submitted to the retrospective

export. The deposited amount may be refunded in certain specific

circumstances in any other way, provided that this return will be free

delay performed. Each Contracting Party shall publish a list of Customs offices

authorised to carry out such operations.



Article IV



The importation of advertising material exempted from import duties.



1. each Contracting Party shall exempt from import levies, price lists and catalogs

prospectuses relating to the



and) the goods put up for sale or hire, or



(b)) the provision of the services offered in the field of transport or business

insurance by a person established in the territory of another Contracting Party,



If these documents are imported from the territory of any Contracting Party

under the condition that each consignment



even just from a single) is made up of a document, or



II) contains only one copy of each document consists of multiple

documents, or



(iii)) if its gross weight does not exceed 1 kg, whether composed of any

the number of documents and their copies. Current send more shipments to various

recipients in the importing country is not an obstacle to the customs exemption, if

each recipient is sent only one consignment.




2. Notwithstanding the provisions of the first paragraph of this article, a Contracting Party

not be obliged to exempt from import levies on importation into their territory of:



a) catalogues, price lists and brochures that are not conspicuously

the name of a foreign undertaking which produces, sells or hires out

the goods, or which offers the services work in transport and trade

insurance covered those catalogues, price lists or brochures;



b) catalogues, price lists and brochures, which are cited in the

free circulation, to the Customs authorities of the importing country, in the aggregate shipments to

then were sent out to individual recipients in the territory.



Article. In



Dismissal of advertising films with temporary relief from import duties.



Under the conditions specified in article III of this Convention, each Contracting Party

relief under this article shall provide to the cinematographic positive

movies about the advertising nature of a width not exceeding 16 mm, if sufficiently

shown to the Customs authorities, that the spawning stock of movies mainly photos

(with or without audio zones), presenter of the nature or the operation of

products or materials whose properties cannot be appropriately shown with

samples or catalogs, on condition that these movies:



and) apply to products or equipment made up for sale or

hire by a person established in the territory of one of the Contracting Parties;



(b)) are such that they can be presented to potential customers, not

However, screened publicly;



c) are imported in a package containing only one copy of each film and

where part of the major shipments of movies.



Čl.VI



A temporary exemption from prohibitions and restrictions on import.



1. No party will not use import prohibitions and restrictions

(other than the import levy, whether by the contingents, import

permit or other measures, to goods originating in the territory of another

the Contracting Parties:



and) that enjoys exemption from import levies in accordance with the provisions of articles

(Ii) or (IV) of this Convention (or that this exemption should enjoy, if

subject to duty), or



(b)) that is placed, and temporary relief in accordance with the provisions of articles

III or V of this Convention (or that should enjoy such exemption, if

subject to duty),



If the importation of the goods does not result in any payment except for payment

freight and insurance, or to pay for the services provided by the importing

the country of the person in it.



2. in respect of goods placed under the temporary customs arrangements

in accordance with articles III or V of this Convention (or that it should enjoy, if

subject to duty), exemption from import prohibitions and restrictions shall only apply for the period

you are allowed to release with a temporary customs exemption (or would

It was enabled, if this item is subject to duty). If this item is not

re-exported within the period for which it was permitted exemptions from the prohibition on

the restrictions referred to in paragraph 1 of this article, the authorities of the importing country may

to take the measures that would be implemented, if the exemption of the prohibitions and

restrictions not been enabled. The authorities of the importing country may, for that purpose,

to request adequate guarantees, such as the composition of the special security, different from the

security to be established to ensure the import levies.



3. the provisions of this Convention shall not prevent a Contracting Party could

use of import prohibitions or restrictions:



a) necessary to protect public morality or the essential interests of

safety;



b) necessary to protect the life and health of humans, animals and plants;



(c)) on imports of gold or silver;



(d)) required to ensure the preservation of the laws and regulations

relating to the application of customs legislation, government monopolies and protection

patents, trademarks, copyright and reproduction;



(e)) necessary for the prevention of deceptive practices;



f) relating to the products of prisoners;



g) necessary for the implementation of the standards or modification when sorting, quality control

or the sale of products designed for international trade.



Article. (VII)



Simplification of formalities.



1. each Contracting Party shall restrict as far as possible the formalities required for

the granting of exemptions provided for in this Convention.



2. each Contracting Party shall promptly publish all regulations issued in

This matter so that the candidates can get acquainted with them and to avoid

damage, which could suffer from unfamiliarity with these formalities.



Article. (VIII)



The settlement of disputes.



1. any dispute which may arise between two or more Contracting Parties in

a question of interpretation or application of this Convention will, within the limits of the options

settled by direct negotiation between them.



2. Any dispute which is not settled by negotiation, shall be submitted

person or authority, adopted by mutual agreement between the Contracting Parties,

whom there is a dispute; If, however, these parties could not agree on the

the selection of this person or that institution, any of them may request the

President of the International Court of Justice, to determine the arbitration.



3. The decision made by the person or body designated pursuant to paragraph 2

This article is for the parties concerned.



Article. (IX)



Signature and ratification.



1. this Convention shall be open until 30 June. June 1953 for signature by the Governments of all

the Contracting Parties to the General Agreement on tariffs and trade, the Governments of all

the Member States of the United Nations, or of any State, which

the Secretary General of the United Nations for this purpose delivered the copy of this

of the Convention.



2. this Convention is subject to ratification or acceptance of signatárními

Governments in accordance with their constitutional rules. Instruments of ratification or

instruments of acceptance shall be composed by the Secretary-General of the United

Nations.



Article. X



Access.



1. this Convention is open for accession by the Governments of the States referred to in paragraph

1 of article IX.



2. acceptance of the composition becomes the instrument of accession with the Secretary

Of the United Nations.



Article. XI



Entry into force.



Once the fifteen Governments of the referred to in article IX shall lodge its instrument of

ratification, acceptance or accession, this Convention enters between them in

the effectiveness of the thirtieth day after the date on which it was composed fifteen of

ratification, acceptance or accession. For any other Government it shall enter

effectiveness on the thirtieth day after the date on which this Government has passed its instrument of

ratification, acceptance or accession.



Article. (XII)



Notice of termination.



1. this Convention shall be in effect for three years, each

Contracting notice delivered to the Secretary

Of the United Nations.



2. The denunciation shall become effective six months after the date on which the Secretary General

The United Nations has received the notification.



Article. XIII



Territorial application.



1. Any Government may, when the composition of its instrument of ratification, acceptance or

access, or at any later time declare in the communication

delivered to the Secretary of the United Nations, the implementation of this

the Convention shall apply to the territory or territories for which it is internationally

responsible, and the Convention will apply to the territory of the noted in that

communication from the beginning on the 30th day after the date on which the Secretary General

The United Nations has received the communication, or the date on which this Convention

will enter into force in accordance with article XI, if the last date is

later.



2. Each Government pursuant to the provisions of paragraph 1 of this article has made

Declaration on the extension of this Convention to any territory for which it is

internationally responsible, pursuant to the provisions of article XII may terminate this

the Convention specifically for this area.



Article. XIV



Reservations.



1. each State may at the time of signature or when composing their instruments of

ratification, acceptance or accession, declare that it does not feel bound by the

some of the provisions of this Convention, that State.



2. any State, when a notification under article XIII of the Convention that the

This Convention will apply to one or more of the territories for which it is

internationally odpověden may make a similar declaration, such as

the Declaration referred to in paragraph 1 of this article, for all the territories

included in that notification or for any individual one of them.



3. once a State reservation concerning any article

This Convention, when signing, ratifying, accepting, or access

notification pursuant to article XIII, the Secretary General of the United Nations shall communicate to the

the wording of this reservation to all States which are or may become Contracting

party to this Convention. Any State that has signed, ratified or accepted the

This Convention, or that it went up before the reservation was

made (or, if the Convention has not entered into force, that this

the Convention shall sign, ratify, or accepts or accedes thereto until the day

its entry into force), has the right to raise objections to any of the

These reservations. If no Member State do not communicate the legitimate object is

the General Secretary of the United Nations not later than the 90th day after the

notification of the reservation (or the date on which the Convention will enter into force, if the

This date is later), the reservation is deemed to be accepted.



4. If the Secretary General of the United Nations from one of the States,

authorized to raise objections, the communication of any opposition, shall communicate this

the objection of the State which has made a reservation, and invite him to tell him that

a reservation may appeal, or whether the circumstances prefer to

He gave up the ratification, acceptance, accession or application of the Convention to the territory,


the (affected) are concerned.



5. the State which has made a reservation to which the objection has been raised by

paragraph 3 of this article, become party to this Convention only

at that time, this claim has been revoked or ceased to be effective for

the conditions laid down in paragraph 6 of the same article; also will be able to

to claim the benefits of this Convention to the territories for which it is internationally responsible,

in favour of whom made a reservation that raised an objection in accordance with paragraph

3 of this article, unless this claim was revoked or ceased to be

active under the conditions laid down in paragraph 6 below.



6. any objection raised by any State which has signed the Convention, without

It has ratified or adopted, shall cease to be effective if, within twelve

months after the date on which it was raised, the Convention by that State

ratified or adopted.



Article. XV



Notification of signatures, ratifications, acceptance and approaches.



The Secretary General of the United Nations shall notify all States of the Convention

have signed or acceded to the Convention, as well as other States which

Request signatures, ratification and adoption of this Convention, on approaches to

This Convention; also notify them of the date when the Convention enters into force, and

any communication that occurred under Articles XII and XIII.



On the conscience of the subscribing agents have signed this Convention.



Done at Geneva on 7. November of the year one thousand devítistého of the fiftieth

the second in the French and English languages, both texts being

authentic, in a single copy, which shall be deposited in the archives of the United

Nations. The Secretary General of the United Nations will deliver to all States which

Convention have signed or acceded to, the certified true copies of this Convention.



1) on page 3.