The Additional Protocol To The Convention Concerning Customs Facilities Applicable To Tourism,

Original Language Title: o Dodatkovém protokolu k Úmluvě o celních úlevách pro turistiku,

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=31061&nr=115~2F1967~20Sb.&ft=txt

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