115/1967 Coll.
DECREE
Minister of Foreign Affairs
from day 4. November 1967
the additional protocol to the Convention concerning customs facilities applicable to tourism,
relating to the importation of tourist publicity documents and materials
On 4 April 2006. June 1954, was in New York concluded the additional protocol to the Convention
concerning customs facilities applicable to hiking, relating to the importation of tourist
promotional documents and materials.
The instrument of accession the Czechoslovak Socialist Republic to the supplementary
the Protocol was deposited with the Secretary-General of the UNITED NATIONS on 8 June 1998. March 1967 with
subject to the Czechoslovak Socialist Republic does not feel bound by the
the provisions of article 15, paragraph 2. 2 and 3 of the additional protocol on arbitration
control.
For the Czechoslovak Socialist Republic entered the additional
the Protocol in force on 6. June 1967.
Czech translation of the additional Protocol shall be designated at the same time.
David v.r.
THE ADDITIONAL PROTOCOL
to the Convention concerning customs facilities applicable to tourism, related to imports
tourist publicity documents and materials
THE CONTRACTING STATES
at the conclusion of the Convention concerning customs formalities for Tourism agreed
The United Nations Conference on customs formalities for the temporary importation of
of private road motor vehicles and for tourism
Desiring to facilitate the circulation of tourist promotion also documents and
material
They agreed on the following additional provisions:
Article 1
For the purposes of this Protocol, the term "import duties and benefits ' means not only
import duties, but also all the levies and charges, which can be saved from
because of the imports.
Article 2
Each Contracting State permits to import, free of import duties and benefits below
the said articles, provided that they are imported from another Contracting
State, and that there is no reason for concern against unauthorised use:
(a) documentation (leaflets, brochures, books, magazines, guidebooks, posters
framed or unframed, unframed photographs and photographic
enlargements, maps whether or not illustrated or printed banners
on Windows), intended for free distribution, whose main purpose is to
to encourage the public to visit foreign countries, inter alia, to participate in the
cultural, tourist, sporting, religious or professional
gatherings or speeches, held in such foreign countries as
provided that these documents do not contain more than 25% of private
commercial advertising and are obviously intended for general promotional purposes;
(b) foreign hotel lists and Yearbooks published by official tourist hotels
the authorities, or under their auspices, and timetables of transport services in
abroad, where such documents are intended for free distribution and
contains not more than 25% of private commercial advertising;
(c) reference material supplied to accredited representatives or,
correspondents, designated by the national authorities, the official tourist
that is not intended for distribution, i.e.. yearbooks, phone lists,
lists hotels, fairs catalogues, specimens of the work of the small prizes,
documentation about museums, universities, spas and similar institutions.
Article 3
Under the conditions referred to in article 4 shall be provisionally released without import
duties and customs duties and without certainty below material imported from
one of the Contracting States, mainly in order to encourage the public to
the visit to that State, inter alia, to attend cultural, tourist,
sports, religious or professional gatherings or speeches,
held in that country:
(a) items for display in the offices of the authorised representatives, or
correspondents provided for in the official national tourist authorities
or in other places approved by the Customs authorities of the importing country:
paintings and drawings, framed photographs and photographic enlargements, books
about art, paintings, engravings or lithographs, sculptures and tapestries or other
similar works of art;
(b) exhibition equipment (display cabinets, racks and similar items), including
electrical and mechanical equipment required for exposure;
(c) documentary films, records, pre-recorded tapes
and other sound recordings intended for shows organized by the free, except
those whose subject is directed to commercial advertising and those which are in the country
imports of commonly for sale;
(d) battalions in reasonable quantities;
(e) the dioramas, models, slides which, blocks, photographic negatives;
(f) samples of products of national handicrafts, national costume and similar
objects of folklore, and in reasonable quantities.
Article 4
1. the Relief referred to in article 3 shall be granted under the following conditions:
(a) the material must be sent either by official tourist body or
national in foreign branches for tourist propaganda associated to it.
Evidence will be filed by the Customs authorities of the importing country will be presented
a certificate issued by the transmitting authority in accordance with the formula set out in the
the annex to this Protocol.
(b) the material must be imported to the address of and under the responsibility of either the
an authorised representative of an official of the national tourism authority
the correspondent of the exporting country or designated by the said authority and
approved by the customs administration of the importing country. The responsibility of designated agent
or approved correspondents ' includes in particular the payment of import duties and
the benefits which will be prescribed, if the conditions are not met
laid down in this Protocol.
(c) the imported materials must be re-exported by the importing authority without
changes. However, if the material that has been temporarily released without customs duties and
benefits, destroyed while maintaining the conditions laid down by the customs administration, the importer
the obligation to export it back.
2. the benefit of temporary importation without duties and benefits will be provided for a period of
at least 12 months.
Article 5
In the case of fraud, infringement or misappropriation of the Contracting States will be able to
to initiate proceedings for the recovery of the import duties and levies,
as well as for the purposes of sentencing the person to whom it was granted
exemption or other relief.
Article 6
Any violation of the provisions of this Protocol, any confusion,
incorrect declaration or act having the effect that a person
or an article wrongly enjoy on importation provided for in
This Protocol, exposes the perpetrator of the criminal penalties prescribed
the laws of the country where the offence was committed.
Article 7
1. The Contracting States undertake not to impose bans of an economic nature
regarding the material referred to in this Protocol, and withdraw gradually the prohibitions
of this kind, which perhaps still are in effect.
2. the provisions of this Protocol are not, however, prejudice the application of the laws and
Regulation concerning the import of certain items, if such laws
and regulations imposing prohibitions that are based on reasons of public
morality, public security, public health or hygiene.
Article 8
1. This Protocol shall be open for signature until 31 December 2006. December 1954
any Member State of the United Nations and any other
the State of being present to participate in the United Nations Conference on Customs
formalities for the temporary importation of private road motor vehicles
and for Tourism held in New York in May and June 1954,
called conferences.
2. this Protocol is subject to ratification and the instruments of ratification will be
deposited with the Secretary-General of the United Nations.
Article 9
1. From 1 January 1955 will be able to accede to this Protocol, each State
referred to in paragraph 1. 1 of article 8 or of any other State which will
prompted by the economic and Social Council of the United Nations. Will also be possible
accede to on behalf of any of the trust territory, the
administrative authority of the United Nations.
2. access will be made by depositing the instrument of accession with the
the Secretary-General of the United Nations.
Article 10
1. This Protocol shall enter into force on the ninetieth day after the date of deposit of
the fifth instrument of ratification or instrument of accession either without reservation or with
Reservations accepted in accordance with article 14.
2. for each State that will ratify the Protocol, or
After the date of deposit of the fifth instrument of ratification or instrument of
access in accordance with the preceding paragraph, the Protocol shall enter into force on
the ninetieth day after the date on which such State deposits its instrument of ratification
instrument or instrument of accession either without reservation or with reservations
adopted in accordance with article 14.
Article 11
1. this Protocol shall be in force for a period of three years, any
a State party may denounce it by notification addressed to the
the Secretary-General of the United Nations.
2. Denunciation shall take effect fifteen months after the date on which the General
the Secretary-General of the United Nations has received the notification of denunciation.
Article 12
This Protocol shall cease to be effective if, after any period of
twelve consecutive months after its entry into force will be
the number of Contracting States to less than two.
Article 13
1. Any State may, when depositing its instrument of ratification or instrument of
access or at any later date, declare by notification addressed
the Secretary-General of the United Nations, that this Protocol will
apply to all or any of the territories for whose international
relations is responsible. The Protocol will apply to the territory designated in
starting with the notification on the ninetieth day after the date on which the Secretary-General
received, if the notification is not accompanied by a reservation, or
starting on the 90th day after that, when the notice came into effect according to the
Article 14 or in the day when the Protocol enters into force for the
State, whichever day is later.
2. any State which has made a declaration under the preceding paragraph,
which extends this Protocol to any territory for whose
international relations it is responsible, in accordance with article 11 of the Protocol separately
terminate only in respect of that territory.
Article 14
1. Reservations made prior to this Protocol by signing the final act
will be allowed if the majority of the members of the Conference were adopted and
logged in the final act.
2. Reservations made after the signing of the final act will not be admitted,
If one-third of the signatory or Contracting State raises against them
the opposition, as stated below.
3. The Text of any reservation submitted to the Secretary-General of the United
the peoples of certain State when signing, ratification or
instrument of accession or text of any notification referred to in article 13,
the Secretary-General shall communicate to all States which have signed or at the time
have ratified or acceded to the Protocol. If one third of the
These States raises objections within 90 days from the date of this notice, the reservation
will not be accepted. The Secretary-General shall inform all States referred to in
This paragraph of any objections received, as well as the adoption of the
or rejection of the reservation.
4. The objection of the State which has signed but did not ratify the Protocol shall cease to be
efficiency, if the State did not ratify the Protocol to the uplatnivší objection
nine months after the application of the objection. If, as a result, that
objection to the reservation will expire, adopted on the basis of the previous
paragraph, the Secretary-General shall inform States referred to in that
paragraph. The text, however, will not be sent to any reservations under the previous
paragraph to any signatory State, which did not ratify the Protocol to the
three years after signing on his behalf.
5. the State may revoke the referring reservation within twelve months of
the date of the communication of the Secretary-General referred to in paragraph 1. 3, in which it is
notified that a reservation has been rejected in accordance with the procedure referred to in
the next paragraph. In this case, the ratification instrument, the instrument of
access popříp. notification under article 13 is effective against
responsible Member State on the date of the appeal. Until the reservation is withdrawn, the Charter
or revocation will not have the effectiveness, if the reservation has not been subsequently
adopted in accordance with paragraph 4.
6. Reservations accepted in accordance with this article may at any time be
withdrawn by notification addressed to the Secretary-General.
7. no Contracting State shall not be obliged to provide to the State which has made a
a reservation the benefit of the provisions of the Protocol, that such
the reservation refers to. Each State uses this law, shall submit a
the report of the Secretary-General and inform all signatory and
the Contracting States.
Article 15
1. any discrepancy between two or more Contracting States relating to the
the interpretation or application of this Protocol will be settled by negotiation
between them.
2. Any dispute which is not settled by negotiation, it will be subjected to arbitration
proceedings, if any one of the States parties to the dispute so requests, and
It will therefore be submitted to one or more judges selected by agreement between the
States jsoucími in the dispute. If, within three months from the date of request
arbitration States existing in the dispute do not agree on the choice of arbitration or
arbitration, any of those States can ask the President
International Court of Justice to appoint a referee to whom
dispute shall be submitted for decision.
3. the arbitrator or arbitration provided for under the preceding
the paragraph will be binding on the Contracting States concerned.
Article 16
1. this Protocol shall be in force for three years, any Contracting State
may, by notification addressed to the Secretary-General of the United Nations
requested that the Conference be convened for the purpose of the revision of the Protocol.
The Secretary General shall notify all States parties of the request and shall convene
Review Conference if, within four months after the awareness of at least
half of the Contracting States shall inform him that he agrees with this request.
2. If a Conference is convened under the preceding paragraph, the
the Secretary-General shall notify all States parties and invite them to within three
months has made proposals which would have liked to the Conference
discussed. The Secretary-General shall notify all Contracting States of the interim
the agenda of this Conference together with the texts of such proposals,
at least three months before the opening date of the Conference.
3. The Secretary-General shall invite all States parties and all other
the Member States of the United Nations or of any of the specialized
agencies on each conference convened under this article.
Article 17
1. Any State party may propose one or more amendments to this
Protocol. The text of any proposed amendment to be delivered to the
the Secretary-General of the United Nations, who shall circulate to all the Contracting States.
2. Any proposal for amendment under the preceding paragraph will be sent
considered to be accepted if no Contracting State has an objection to the
six months from the date on which the Secretary-General sent out a proposal for amendment.
3. the Secretary-General shall notify as soon as possible all the Contracting States, whether
an objection has been raised against the proposed change, and if no
objection is raised, the change shall enter into force for all the Contracting States in
three months after the expiry of the period of six months provided for in the previous
paragraph.
Article 18
The Secretary-General of the United Nations shall notify all the Member States
The United Nations and to all other States invited to participate in the
Conference:
(a) signatures, ratifications and approaches received in accordance with articles 8 and 9;
(b) the date on which this Protocol enters into force in accordance with article 10;
(c) statements received in accordance with article 11;
(d) the termination of this Protocol in accordance with article 12;
(e) notifications received in accordance with article 13;
(f) the entry into force of any amendment in accordance with article 17.
Article 19
The original of this Protocol shall be deposited with the Secretary-General of the United
Nations, which gives its certified true copies to all members of the United Nations and
all other States invited to the Conference.
In witness whereof, the duly authorised to do so, have signed this
Protocol.
Done at New York, on the fourth of June 1954, in a single original in the
English, French and Spanish languages, each text has
the same force.
The Secretary-General is requested to took the official translation of this Protocol
in the language of Chinese and Russian and Chinese and Russian joined the text to the text
the English, French and Spanish, to be sent to States certified
copies of the article 19 of this Protocol.
XIII.
Model of the certificate
Shall be made out in the language of the country of exportation with a translation into English or
French
CERTIFICATE
for the temporary bezcelný the importation of tourist publicity material without
lodging of securities for import duties and levies
(Name of organization) sends the following tourist publicity
material, addressed to its authorized representative (or approved
correspondents), whose name is given below, for the temporary admission,
a commitment that will be re-exported within 12 months, and that it
will be used exclusively for the purpose of encouraging tourists to visit the country
exporting material.
(Name of organization) agrees to nezcizí-whether free of charge or for a
consideration-these temporarily imported items without the consent of the Customs Administration
the importing country and without having previously met all formalities required
by the administration.
This material is imported temporarily under the responsibility and guarantee
authorized representative or an approved correspondent, whose name is
shown below.
and a list of the material):
.................................................................
.................................................................
.................................................................
.................................................................
(b)) name and address of authorised representative or correspondent, which
the material is sent to:
Date, signature and stamp
an official of the national tourism authority
the sending country
