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The Convention Establishing A Customs Cooperation Council

Original Language Title: o Úmluvě o zřízení Rady pro celní spolupráci

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21/1966 Coll.



DECREE



Minister of Foreign Affairs



of 3 July 2003. February 1966



the Convention establishing a Customs Cooperation Council



In accordance with constitutional provisions was on 23. September 1965

deposited with the Belgian Ministry of Foreign Affairs of the instrument of accession

The Czechoslovak Socialist Republic to the Convention on the establishment of the Council for

Customs cooperation.



When you access to the Convention Declaration that was made to the Czechoslovak

Socialist Republic does not consider itself bound by article XIV of the Convention and that the prerogatives of

set out in section 6 of the annex to the Convention will be the Czechoslovak party

provided, in so far as the Czechoslovak Socialist

Republic accorded to other international organizations.



Convention on the establishment of the Council for customs cooperation in accordance with article XVIII.

for the Czechoslovak Socialist Republic entered into force on

September 23, 1965.



Czech translation of the Convention shall be published at the same time.



David v.r.



CONVENTION



on the establishment of the Customs Cooperation Council



Governments which have signed this Convention,



Judging that it is appropriate that the national customs systems to ensure as far as

the highest degree of consistency and uniformity, and in particular for:

study issues related to the development and progress in technology and in the customs

Customs legislation,



convinced that it is in the interest of international trade, in order to

supported cooperation between the Governments in this field, in which the

take into account the economic and technical factors, that is,



they agree on this:



Article. (I)



Establishing the Customs Cooperation Council (hereinafter referred to as "the Council").



Article II



and the members of the Council) are:



I) the Contracting Parties to this Convention.



II) the Government of any separate customs territory in matters of foreign

the store, which was designed by the contracting party responsible for

diplomatic relations of that territory and whose

access as a separate member was approved by the Council.



(b) separate customs territory) Government that is a member of the Council under

paragraph a) ii/, ceases to be a member of the Council on the basis of the notification of

the withdrawal of its membership, which will make the Council a contracting party responsible for

its diplomatic relations.



(c) each Member of the Council shall designate) one delegate and one or more

replacement delegates for its representation in the Council. The delegates can

be on hand advisors.



(d)), the Council may admit as observers, a representative of the non-member countries

or international organisations.



Article. (III)



The scope of the Council include:



and all questions related to) study cooperation in customs matters,

the Contracting Parties agree to promote in accordance with the General

the objectives of this Convention;



(b) technical site analysis) the tariff systems, as well as the economic

factors associated with them with a view to proposing to the members of the Council the practical

measures to achieve the highest degree of compliance and

uniformity;



(c)) the drafting of conventions and amendments of the conventions, as well as their recommendations

the participating Governments to adopt;



(d) the submission of recommendations to ensure the) uniform interpretation and uniform

the implementation of the conventions concluded on the basis of its work, as well as on the basis of

Convention on nomenclature for the classification of goods in customs tariffs, and the Convention on the

determining customs value of goods prepared by the study group for

The European Customs Union and, to that end, carrying out the functions that would

These conventions were explicitly saved;



(e)) as a conciliation body for the settlement of disputes that might arise

in the matter of the interpretation or implementation of the conventions referred to in the preceding paragraph

(d)), to pronounce a recommendation pursuant to the provisions of these conventions; the participating

the parties may by mutual agreement, agree to accept the recommendations

Of the Council as binding;



(f) ensure the dissemination of information,) concerning customs legislation and

customs techniques;



(g)) the provision of information or advice and submission of the appropriate recommendations in

Customs matters belonging to the framework of the General objectives of this Convention, either from the

own initiative or at the request of Governments;



h) cooperation with other Interstate organizations in matters pertaining to

the scope of its competence.



Article IV



Members of the Council shall provide to the Council, at its request, any information and documents

necessary for the fulfilment of its tasks; No member of the Council, however, will not be obliged to

provide confidential information, the expansion would be an obstacle

the implementation of a law or would otherwise be contrary to the public interest

or could harm the legitimate business interests of public or

private enterprises.



Article. In



The Council is to hand the Permanent Technical Committee and the Secretary-General.



Čl.VI



and) the Council shall elect each year from the Chairman and at least two delegates

the Vice-President.



(b) rules of procedure of the Council) a two-thirds majority of its members.



(c)), the Council shall establish a Committee for the nomenclature pursuant to the provisions of the Convention on nomenclature

for the classification of goods in customs tariffs, as well as the Committee for determining the

the value under the provisions of the Convention for determining the customs value of the goods. In addition to the

the Council may set up any other committees, which would be considered

needed for the implementation of the conventions referred to in article III (d)) or other question

belonging to the scope of its responsibilities.



(d)), the Council shall define the tasks entrusted to the Permanent Technical Committee and the power of Attorney,

that brings to him.



(e) the Council shall approve the annual budget), is reviewing the issue and gives The

Secretary-General of the directive needed for financial affairs.



Article. (VII)



and the headquarters of the Council is) in Brussels.



(b)), the Council, the Permanent Technical Committee and the committees established by the Council can sit on

elsewhere than at the headquarters of the Council, if the Council so decides.



(c)), the Council shall meet at least twice a year. Its first session will be

held no later than three months after the entry into force of this Convention.



Article. (VIII)



and Each member of the Council) has one vote; However, no Member is unable to attend

voting on matters relating to the interpretation and implementation of conventions

referred to in the preceding article III d) that apply to this member

do not apply, nor vote on changes of such conventions.



(b)), with the exception of the provisions of article VI (b)) the Council shall act by a two thirds

majority of those present and voting eligible members. The Council is unable to

things required to validly, unless more than half of the members are present

eligible to vote.



Article. (IX)



and) the Council establishes with the United Nations, its main and subsidiary bodies

and professional organizations, as well as with other Interstate organizations

the necessary contacts to ensure cooperation in the performance of their respective

tasks.



(b)), the Council may agree to measures necessary to facilitate consultations and cooperation

with non-governmental organisations zajímajícími with issues belonging to her

the scope of the.



Article. X



and) the Permanent Technical Committee consists of representatives of the members of the Council. Each Member of the

The Council may nominate one delegate and one or more spare

delegates for its representation on the Committee. These representatives to be

officials specialised in customs-technical issues. Can they be

arms experts.



(b)) the Permanent Technical Committee shall meet at least four times a year.



Article. XI



and) the Council shall appoint the Secretary-General and Deputy Secretary-General of the

and determine their rights and obligations, their rank and the length of the

their term of Office.



(b)) the Secretary-General shall appoint administrative employees of the

the Secretariat. The numerical status and rank these employees

subject to the approval of the Council.



Article. (XII)



and Each member of the Council) will bear the costs of its delegation in the Council, in the Standing

Technical Committee and the committees established by the Council.



(b) the Expenditure of the Council will be laid out) among its members in accordance with the scale laid down

By the Council.



(c)), the Council can get rid of the voting rights of any Member which did

their financial obligations within three months after it was notified of the amount of its

contribution.



(d) Each member of the Council) is obliged to pay your entire annual contribution to the

the release of the financial year, during which it became a member of the Council, as well as

of the financial year, during which he gained his output from the effectiveness of the Council.



Article. XIII



and) the Council shall enjoy on the territory of each of its members legal status

required for the fulfilment of its tasks, as defined in the annex to this Convention.



(b)), the Council, the representatives of its members to determine them, consultants and experts, and

officers of the Council shall enjoy the privileges and immunities set out in the annex to this

The Convention.



(c)) the annex is an integral part of this Convention and any reference to the Convention,

at the same time shall be deemed to refer to the attachment.



Article. XIV



The Contracting Parties adopt the provisions of the Protocol regarding Study

the group for the European Customs Union, open for signature in Brussels of the same

date as the Convention. Key in the determination of the contribution referred to in article

XII b) the Council shall take into account the participation of its members in the study groups.



Article. XV



This Convention shall be open for signature until 31 December 2006. March 1951.



Article. XVI



and) this Convention shall be ratified.



(b)) the instruments of ratification shall be deposited with the Belgian Ministry of

Foreign Affairs, which shall notify such deposit to all Governments that

have signed this Convention or acceded to the Convention, as well as the General

Secretary.



Article. XVII



and) this Convention shall enter into force as soon as seven Governments that it

signed, deposited their instruments of ratification.



(b)) for each Government that this Convention shall be signed and deposited its instrument of ratification


the Charter later, the Convention shall enter into force on the date of the imposition of such

ratification of the Charter.



Article. XVIII



and) the Government of any State which has not signed the Convention, it can

proceed from day 1. April 1951.



(b)) the instrument of accession shall be deposited with the Belgian Ministry of

Foreign Affairs, that inform all Governments, which this Convention

have signed or acceded to the Convention, as well as the Secretary-General.



(c)) this Convention shall enter into force for any acceding Government on the date of

deposit of its instrument of accession, but not before the entry

in accordance with article XVII).



Article. XIX



This Convention is concluded for an unlimited period, but each party

It may terminate at any time after five years from its entry into

in accordance with article XVII). Denunciation shall take effect upon expiry of

one year after the day on which the notice of termination has occurred to the Belgian

Ministry of Foreign Affairs; This Ministry shall inform the incoming

the testimony of all the Governments which have signed this Convention or

joined, as well as the Secretary-General.



Article. XX



and) the Council may recommend amendments to this Convention to the Contracting Parties.



(b)), any Contracting Party which accepts a change, it shall notify its

acceptance in writing to the Belgian Ministry of Foreign Affairs, which

the došlém notification of acceptance of all the Governments which have signed this Convention

have signed or acceded to the Convention, as well as the Secretary-General.



(c)) the change shall enter into force three months after the notification of acceptance

occurred to the Belgian Ministry of Foreign Affairs from all Contracting

party. As soon as any change is accepted by all the Contracting

Parties, the Belgian Ministry of Foreign Affairs to inform

all the Governments that have signed the Convention or acceded to the Convention, as well as

the Secretary General, and tells them that the date change entered in the

force.



d) after the entry into force of an amendment, no Government will be able to

This Convention to ratify or accede to it, without at the same time adopted a

This change.



In witness whereof, the duly empowered to do so by their Governments, have signed the

This Convention.



Done at Brussels on 15th December in the year one thousand devítistého

fiftieth (15. December 1950) in a single copy in the language of

the French and English languages, both texts being equally authentic.

The original will be deposited in the archives of the Belgian Government, which delivers all

Governments which have signed this Convention or acceded to, its certified

copies.



Annex



The legal status, privileges and immunities of the Council.



Article. (I)



The definition of the



Section 1



In this Annex:



I) for the purposes of article III, the words "property and assets" apply also to the

assets and funds managed by the Council in the exercise of its

functional authority.



II) for the purposes of article V, the term "representatives of members" means all

agents, representatives, consultants, replacement technical experts and Secretaries

delegations.



Article II



Eligibility for the rights and legal capacity



Section 2



The Council is a legal entity. May:



and to enter into contracts,)



(b)), to acquire immovable and movable property and to dispose of it,



(c)) to act before the courts.

In these cases represents the Council Secretary General.



Article. (III)



Assets, capital value and assets



Section 3



The Council, its property and assets, wherever they are at any place and in any

hand, they enjoy judicial immunity, unless the Council in a particular case

expressly gave up. It is understood, however, that the waiver of immunity cannot include

and enforcement measures.



Section 4



The room of the Council shall be inviolable.



Its property and assets, wherever they are at any place and in any

hands shall be exempt from inspection, rekvizic, confiscation, expropriation and

any other coercive measures by the enforcement of the administrative,

judicial or legislative bodies.



Section 5



The Council's archives and all documentary materials include or

in her hands, shall be inviolable, wherever they are.



Section 6



Without being constrained by any financial supervision, financial by editing the

or moratorium:



and the Council may have in) holding foreign assets of all kinds and have accounts in any of the

currency;



(b)), the Council may transfer their funds freely from one country to

the second, or the inside of any country and to Exchange foreign currency, which is in the possession of, for

any other currency.



Section 7



In the exercise of the privileges that belong to her under the preceding section 6,

the Council will take account of all the observations that would apply any

of its members, and will meet them where it considers that it can do so without injury

the interests of the Council.



Section 8



The Council, its assets, income and other property shall be:



and) exempt from all direct taxes. It is understood, however, that the Council will not be

claim exemption from taxes which are basically just payment for

in General, helpful service;



(b)) shall be exempt from all duties and import and export prohibitions or

restrictions in respect of articles imported or exported by the Council for its

official use. It is understood, however, that articles imported duty-free, as follows

will not be sold on the territory of the country, which have been imported, except under conditions

approved by the Government of that country;



(c)) shall be exempt from all customs duties and any prohibitions and restrictions with regard to its

the publication.



Section 9



The Council will not normally require an exemption from excise duties and from

the turnover tax included in the price at which the movable property or real estate buys

Fortune. However, if the Council perform their official need for more

shopping, where they will be included in the price of such a tax, the members of the Council shall,

they will be at any time, the administrative measures for the waiver or

repayment of amounts attributable to these taxes.



Article IV



Accessibility for the transport of messages



Section 10



The Council will be in the territory of each of its members to enjoy for its official

merge, no less favourable treatment than what this member

provides any other Government, including its diplomatic

the Municipal Council in the case of preferential rights, tariffs and fees for

mail correspondence, telegrams, kabelogramy, radiographs, wirephoto or telephotography,

Dial-up connections, and other joints, as well as in the case of print fares

the message to the press and radio.



Section 11



Official correspondence and other official communications of the Council will not be censored.



This section will not be able to be in any way interpreted as meaning that it is

impossible to use reasonable security measures, which would have been

fixed by agreement between the Council and the fact that it is a member.



Article. In



Representatives of the members



Section 12



Representatives of members at meetings of the Council, the Permanent Technical Committee and committees

The Council will be in the performance of their functions or on the way to the place of meeting, and when

the road from that place to enjoy the following privileges and immunities:



a) immunity as regards arrest or detention of their persons and as regards the

the seizure of their personal baggage, and in respect of all their actions

(including oral or written expressions) that occurred in the course of

their official function, and immunity in respect of any judicial proceedings;



(b)) the inviolability of all files and documents;



(c)) code and receive the right to use the writings or letters transported couriers

or in sealed bags;



(d)) exemption for himself and his wife (husband) from all of the measures

the restrictive immigration and from all the formalities for foreigners

in the countries they visit, or which pass through the exercise of its functions;



(e)) of the same concessions as regards monetary and foreign currency restrictions, which

provide representatives of foreign Governments on temporary official missions;



f) the same immunities and facilities in respect of their personal baggage as are

provide members of official diplomatic missions of a similar rank.



Section 13



To the representatives of the members of the Council at the meetings of the Council, the Standing

the Technical Committee and committees of the Council of the full freedom of speech and complete

independence in the exercise of their functions, will remain their judicial immunity

with regard to all their actions (including oral or written

speeches), which occurred in the context of the exercise of their functions, continued

and even then, when they stopped to perform these functions.



Section 14



Privileges and immunities shall be granted to representatives of members not for the personal

benefit, but in order to ensure independence in the performance of their functions

relating to the Council. Therefore, the Member has not only the right but also the obligation to cancel

the immunity of its representative in any case where in its opinion

immunity prevented Justice has been done, and when it can be

immunity to cancel without prejudice to the purpose for which it is provided.



Section 15



The provisions of sections 12 and 13 cannot be used against the authorities of the State of which the

the person concerned is a national or of which he is or has been a representative.



Čl.VI



Officials Of The Council Of



Section 16



The Council shall determine the categories of officials to which the provisions of this article.



The Secretary-General shall notify the members of the Council the names of the officials included in these

categories.



Section 17



Officials Of The Council:



and shall enjoy judicial immunity) with regard to all their meetings

(including oral or written expressions) that occurred in the performance of their

official functions and within the limits of their powers;



(b)), will be exempt from payroll taxes and fees paid to them by the Board;



(c)), together with his wife (husband) and members of their families, which nourish,

not be subject to measures limiting immigration and registration

Aliens;




(d)) shall enjoy the same privileges as regards concessions in foreign exchange

the regulations, which are provided to the members of diplomatic missions of a similar official

rank;



(e)) will be at a time of international crisis to enjoy, along with his wife (husband)

and members of their families, which nourish, the same breaks for repatriation

as members of the diplomatic councils of similar official rank;



f) will have the legal right to import duty-free furniture and other belongings when

the first service in the country and to export them back to the scope of the duty to

the home country after leaving office.



Section 18



In addition to the privileges and immunities referred to in section 17 of the General Secretary

The Council, and both he and his wife and children under the age of 21 years

enjoy the privileges, immunities, exemptions and facilities as are in accordance with international

rights provide the head of the diplomatic mission.



The Deputy Secretary-General will be to enjoy the privileges, immunities, exemptions, and

credits, which provide the diplomatic representatives of similar official

the rank.



Section 19



Privileges and immunities are granted to officials in the interests of the Council alone and not

for their personal benefit. The Secretary-General has the right and the obligation to

cancel the immunity granted to any official in any case where

According to his opinion, such immunity was an obstacle to

Justice has been done, and when you can cancel without detriment to the interests of immunity

Of the Council. The immunity of the Secretary-General can cancel only by the Council.



Article. (VII)



The experts credentials by the Council



Section 20



Experts (if they are persons other than officials, covered by article

Vi) carrying out specific tasks for the Council, they enjoy for the fulfilment of these

tasks, including time spent with paths associated privileges, immunities

and the facilities necessary for the independent exercise of their functions, in particular:



a) immunity as regards arrest or detention of persons and the seizure of their

their luggage;



(b)), judicial immunity in respect of all their actions (including oral

or written) that occurred in the performance of their functions and in the

the limits of their powers;



(c) inviolability of all writings and) of documents.



Section 21



The privileges, immunities and facilities shall be provided to the experts in the interests of the Council and not for

their personal benefits. The Secretary-General has the right and the obligation to cancel

immunity granted by any of the experts in all cases where

in his opinion, such immunity was an obstacle to being done

Justice, and when can I cancel the immunity without prejudice to the interests of the Council.



Article. (VIII)



Misuse of privileges



Section 22 of the



Representatives of members at meetings of the Council, the Permanent Technical Committee and committees

The Council, as long as the exercise of their functions and during their journeys to the place of meeting

or, as well as the officials referred to in section 16 and section 20 will not be

forced local authorities to leave the country, in which they carry out the function of

because of activities that develop in the course of their official missions.

However, in the event that such a person is abusing the privileges of the place of stay and

developed in this country, an activity that is not related to its official

features will be able to be the Government of this country forced to leave the country with

subject to the following provisions:



even the representatives of the members of the Council or) persons enjoying diplomatic immunity in accordance with

section 18 will be able to be forced to leave the country only in accordance with the

diplomatic procedure, which is used for members of diplomatic missions

established in this country.



(ii)) if the officer, which is not covered by section 18, will not be

No decision has been made on the expulsion without the approval of the Ministry of

Foreign Affairs of the countries the scope and such approval will be issued to the

It was only after consultation with the Secretary-General of the Council; If it is against a

official proceedings of the expulsion, the Secretary General of the Council of

entitled to participate in the proceedings in favour of the person against whom it was

Management introduced.



Section 23



The Secretary General will cooperate at all times with the competent authorities

members of the Council, in order to facilitate a fair protection of rights, provided

the observance of police regulations and prevent any abuse, to

which might result in connection with the privileges, immunities and breaks

set out in this annex.



Article. (IX)



Settlement of disputes



Section 24



The Council will take care of the determination of the appropriate way in which to settle:



and in the field of contracts) disputes or other disputes of private character, in

where the Council is a party;



(b)), in which he was involved in any officer of the Council, which

his official position uses the immunity, if such immunity

cancelled pursuant to the provisions of sections 19 and 21.



Article. X



The supplementary agreement



Section 25



The Council may conclude with one or more of the Contracting Parties to the supplementary

the agreement, which would be adapted to the provisions of this annex to the ratios of the

the Contracting Party or the Contracting Parties.