Concerning The Customs Convention On The Temporary Scientific Material

Original Language Title: o Celním úmluvě týkající se dočasného vědeckého materiálu

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59/1970 Sb.



DECREE



Minister of Foreign Affairs



of 14 July 1999. May 1970



the Customs Convention on the temporary importation of scientific material



On 11 July. June 1968 was in Brussels agreed Customs Convention concerning

the temporary importation of scientific material.



The instrument of accession of the Czechoslovak Socialist Republic to Customs

Convention on the temporary importation of scientific material has been deposited with the

the Secretary-General of the Customs Cooperation Council on 4 October. February 1970.



Convention entered into force, pursuant to article 20 (2). 1 day 5.

September 1969. For the Czechoslovak Socialist Republic entered into

into force in accordance with its article 20 (2). 2 day 4. May 1970.



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



Minister:



Ing. Marko v.r.



CUSTOMS CONVENTION



on the temporary importation of scientific material



The PREAMBLE to the



The Contracting Parties to this Convention, which was drawn up under the auspices of the Council of

the Customs Cooperation Council and with the support of the United Nations

education, scientific and Cultural Organization (UNESCO),



taking into account the fact that the development of scientific research and education is

the decisive factor of economic and social progress,



convinced that the acceptance of the General conditions for relief

temporary importation of materials designed for scientific research and for the purposes of

education and not subject to duties and taxes can progress an effective

support,



have agreed as follows:



Chapter the first



The definition of the



Article 1



For the purposes of this agreement, the following terms shall mean:



(a) the term "scientific materials": instruments, apparatus, machines and their

accessories used for purposes of scientific research or for teaching

purposes;



(b) the term "import duties and taxes" means customs duties and all:

other duties, taxes, fees, etc. levied on imports or

the occasion of the importation of goods, with the exception of fees and charges, the amount of which is

limited to the approximate value of a provided power;



(c) the term "customs": temporary importation without import duties,

duties and taxes and free of import prohibitions or restrictions, provided that the

will re-export;



(d) the term "authorized institution": scientific, or. educational institutes

public or private nature, whose purpose is not in flax

to make a profit and which have been approved by the authorities of the importing country and admitted

to receive the scientific material in a customs record;



(e) the term "ratification": its own ratification. the adoption or

approval;



(f) the term "Council": organization founded on the basis of the agreement concluded by the

done at Brussels, 15. December 1950 establishing the Customs Cooperation Council.



Chapter two



The scope of the Convention



Article 2



Each Contracting Party undertakes that it shall authorise the importation on the Customs record



(a) scientific materials intended for use in its territory for the purpose of

solely for purposes of scientific research or education;



(b) spare parts for Science materials imported under the Customs record

in accordance with the provisions of paragraph (a) of this article;



(c) tools specially created for the Assembly, control, measurement,

button is clicked. repair of scientific material, which is used on their territory

solely for purposes of scientific research or for the purpose of teaching.



Article 3



Imports of scientific material, spare parts, and specially created

However, the tools can be enabled under the following conditions:



(a) are imported by approved or accepted

institutions, and also that they will be used under the control and responsibility of the

These institutions;



(b) that they are in the importing country will be used for non-commercial purposes;



(c) that they are imported in reasonable numbers having regard to their destination;



(d) that it will be possible to identify when their re-exportation;



(e) that, during their presence in the country of importation will remain the property of the

a natural person has his or her place of residence in a foreign country, or. legal persons,

who is registered in a foreign country.



Article 4



Each Contracting Party shall be entitled to wholly or partially void

the commitments taken by the Convention, where goods, which are

scientific value equal to the scientific material and the importation is subject to

the Customs record, produced or available in the importing country.



Chapter three



Special provisions



Article 5



Each Contracting Party undertakes that in all cases in which it

will be considered as possible, will not require the composition of waranty are based for

the payment of any customs duties and levies on imports and that the

satisfied only with a written statement. Such written declaration may

be required either separately each time you import, or general way

for a period of time, or finally for the duration for which it is competent

the Institute granted permission to import these scientific materials.



Article 6



1. Temporarily imported scientific materials must be re-exported within a period of 6

months from the date of its importation. The Customs authorities of the importing country may, however, ask

that this material was exported back in a shorter period of time, which, according to their

opinion is sufficient to achieve the purpose for which the import customs

the record takes place.



2. If necessary, the Customs authorities either to agree to a longer period,

or may extend the period of the original.



3. If it is not possible, the scientific material, which was imported in the Customs record

exported in whole or in part as a result of the seizure or attachment,

This seizure or attachment not due to private request

persons, the obligation to re-export is lifted for the duration of the suspension.



Article 7



The re-exportation of the scientific material imported under the Customs record can be

made in one lump sum or in several shipments over any customs

the authority empowered to handling such shipments, although not identical to the

the Customs Office of import.



Article 8



With the scientific material imported under the Customs record can be loaded

other than the prescribed re-export, in particular may be of such

scientific material used for internal consumption, provided that the

will be met all the conditions and procedures prescribed by the laws of the

countries where this material was imported in the Customs record.



Article 9



In the case of duly documented damage will not re-export such heavily

a corrupted scientific material or some of its parts required, and it

Notwithstanding the provisions of this Convention, prescribing the re-exportation,

are met some of the conditions set out below, on the basis

decision of the Customs authorities:



(a) if all or part of such material subject to customs

taxes and benefits money in this case;



(b) if it is left without any obligations and obligations to

payment of fees the public Treasury of the country to which was in the customs

record;



(c) if it is destroyed, under official supervision, without the State of

the box office of the country in which it was imported in the Customs record, incur any

financial liabilities.



Article 10



The provisions of the above article. 9 shall also apply to parts that

as a result of repairs have been replaced by scientific material or as a result of

changes made on this material during the time when he found himself on the territory of the

the country where the Customs record was imported.



Article 11



The provisions of article. 6 and 9 shall also apply to repair parts and to

special tools according to art. 2 of this Convention.



Chapter four



Miscellaneous provisions



Article 12



1. each Contracting Party shall reduce to a minimum the customs formalities relating to the

imports, which speaks of this Convention, and shall publish a notice in the shortest possible

the time of the relevant regulations governing these formalities.



2. the Inspection and clearance of the scientific material will be carried out both in

entry, as well as in its output in all cases where it will be possible and

appropriate, to the point where this material will be used.



Article 13



The provisions of this Convention are minimum breaks and no

do not exclude the provision of larger reductions that some Contracting Parties

provide, or would be willing to provide either by unilateral

regulations, or under bilateral or multilateral treaties, conventions and

agreements.



Article 14



For the purposes of the application of this Convention, the territories of the Contracting Parties,

create a customs or economic Union, may be considered as a single territory.



Article 15



The provisions of this Convention shall not preclude the application of prohibitions and restrictions

arising from national laws and regulations, which are based on

public morality or to public policy, public security,

hygiene and public health, or that relate to the protection of patents and

trade marks.



Article 16



Any violation of the provisions of this Convention, any substitution,

a false declaration or act, the effect of which is that a certain person (whether

physical or legal) or certain scientific material used unlawfully

exemptions provided by the Convention, the infringer shall issue in the country where the

infringement was committed, penalties anticipated in laws and regulations of that country,

where appropriate, the infringer must pay customs fees and

the levy collected on importation.



Chapter five



Final provisions



Article 17



1. If it is needed, to meet the parties in order to

examination of the conditions under which this Convention applies, in particular to


study the measures that ensure their uniform interpretation and

the application.



2. such meetings will be convened by the Secretary-General of the Council on the application

one of the Contracting Parties, and the Parties shall not adopt other resolutions,

will be held at the headquarters of the Council.



3. the rules of procedure of the meetings will be determined by the parties. The resolution of the

the Contracting Parties shall be taken by a two-thirds majority of the Parties present,

that will take part in the vote.



4. the Contracting Parties shall not be entitled to a quorum of any validly

the question, if it is not present at the meeting at least an absolute majority.



Article 18



1. Any dispute between the Contracting Parties concerning the interpretation of

or application of this Convention will be dealt with by negotiation between the

Contracting Parties concerned.



2. any dispute which is not possible to solve through direct negotiations between

interested parties, will be submitted to relevant parties

the parties at a meeting convened under the terms of article. 17 of this Convention.

The Parties shall examine the dispute and said their recommendations for its settlement.



3. The parties may agree in advance to accept the recommendations

the other Contracting Parties.



Article 19



1. A party to this Convention, each State can become, that is

a member of the Council and any State which is a member of the United Nations,

button is clicked. its specialized institutions (in those terms):



(a) signature of this Convention, if it fails to get a reservation of ratification;



(b) by depositing an instrument of ratification after signing this Convention, subject to the

ratification; or



(c) access to the Convention.



2. this Convention is open for signature by States pursuant to paragraph 1 of this

Article up to 30. June 1969 at the headquarters of the Council in Brussels. After this date

possible to the Convention přistoupiti.



3. any State which is not a member of the organizations referred to in paragraph 1. 1

This article, can become a member of this Convention by acceding to it after the

what force, if requested to do so by the Secretary-General

Of the Council on the application by Contracting Parties.



4. the instruments of ratification. the instrument of accession shall be deposited with

the Secretary-General of the Council.



Article 20



1. this Convention shall enter into force three months after it was signed by the

at least five members. 1 of article 19 without reservation of ratification, or.

After five of those members have deposited their instrument of ratification of the Charter

on access to the Convention.



2. in respect of a participant, who will sign this Convention without reservation of ratification,

or that it ratifies or accedes thereto after the first five

Member States either have already signed this Convention without reservation of ratification,

or have deposited their instrument of ratification or instrument of accession, the

the Convention will become valid after the expiration of three months after that State

He signed without reservation of ratification, or. What has deposited its instrument of ratification

instrument or instrument of accession.



Article 21



1. this Convention shall be concluded for an indefinite period. Each Contracting Party

However, you may at any time terminate after this Convention entered for it in the

force in accordance with the provisions of article. 20 of this Convention.



2. the denunciation shall be notified by written document, which must be deposited with the

the Secretary-General of the Council.



3. Notice of termination will become effective within six months from delivery of the notice

of the Charter, the Secretary-General of the Council.



Article 22



1. the Contracting Parties may, at a meeting convened under the terms of article. 17 of this

the Convention recommend Add-ons to this Convention.



2. The Text of any add-in as follows the recommended shall notify the General

Secretary-General of the Council to all Contracting Parties as well as other signatárním States,

In addition to the Secretary-General of the United Nations and to the General

the Director of the United Nations for education, science and culture

(UNESCO).



3. within six months from the notification of the proposed changes, any Contracting

party notify the Secretary-General of the Council:



(a) either that it has objections to the proposed supplement;



(b) or that, although it intends to adopt the recommended add-in, are not

even in her country met the conditions necessary for such acceptance.



4. Unless the Contracting Party which has sent to the Secretary-General of the Council

notification in accordance with the provisions of paragraph 3 (b) of this article, to notify you that

accepts the change, you may reference the add-in within the time limit of nine months,

following the expiration of the time limit of six months under the provisions of paragraph 3,

This article, bring the opposition to the proposed extension.



5. If the proposed for an objection under the conditions of paragraphs

3 and 4 of this article, this add-in will be considered missed and

It does not become effective.



6. If the proposed for raised no objection under the conditions

laid down in paragraphs 3 and 4 of this article, it will be deemed that the

This add-in has been accepted to the following date:



(a) If no Contracting Party has sent a notification in accordance with the provisions of the

paragraph 3, subparagraph (b) of this article, after the expiry of a period of six

months, as laid down in this paragraph 3;



(b) if one or more of the Parties sent the notification referred to in

the provisions of paragraph 3 subparagraph (b) of this article, when one of the below

the listed events, whichever occurs earlier, namely:



(i) the date on which all the Contracting Parties which sent to the

the Secretary-General shall communicate such notification, that the proposed Add-ons

be adopted; However, if all these communications were made prior to the

the expiry of the said six months, the effective date of the

designed for treat day expiry;



(ii) the date of expiry of the period of nine months referred to in paragraph 4, the

This article.



7. Each add-on that shall be considered adopted, will take effect in

six months after it was deemed to be accepted.



8. The Secretary-General of the Council shall notify as soon as possible to all Contracting

Parties and other signatárním States of any objections raised by

paragraph 3 of this article, as well as any communication referred to in paragraph 3

subparagraph (b) of this article. In the next then shall notify all Contracting

Parties and other signatárním States, whether the Contracting Party or the Contracting

the party that sent the notice mentioned, questioned

proposed for, or whether to adopt.



9. For each State which has ratified this Convention or acceded thereto,

will be deemed to have accepted any add-ons, which took

the effectiveness of the date of deposit of its instrument of ratification or instrument of accession.



Article 23



1. each Contracting Party may notify the Secretary-General of the Council either

When signing this Convention without reservation or ratification. When

access to it, or later, that this Convention shall apply to all,

or only some of the territories for whose international relations it is responsible, or

for which it assumes international responsibility. This notification will become effective

After the expiration of three months after the Secretary General of the Council will receive.

Binding force of this Convention for the territory so identified in the notification, however, cannot

occur before the Convention becomes binding for that State.



2. each State which, under the provisions of paragraph 1 of this article shall be notified,

extending the force of this Convention to a territory for whose international relations

matches, or for which it assumes international responsibility, may, under the conditions

article. 21 this Convention shall notify the Secretary-General of the Council that such

the territory ceases to be bound by the Convention.



Article 24



It is not allowed, no reservation to this Convention.



Article 25



The Secretary General of the Council shall notify all the Contracting Parties, as well as all

other signatárním States, the Secretary-General of the Organization of the

the United Nations and the Director-General of the United Nations

education, science and culture (UNESCO):



(a) signatures, ratifications and accessions in accordance with article 3(1). 19 of this Convention;



(b) the date on which this Convention enters into force in accordance with the provisions of the

article. 20;



(c) denunciations in accordance with article received. 21;



(d) add-ins, which will be deemed to have been accepted under article. 22,

as well as the date on which it enters into force;



(e) received a notification pursuant to the provisions of article. 23.



Article 26



In accordance with the provisions of article. 102 of the Charter of the United Nations, this Convention shall

registered in the Secretariat of the United Nations at the request of the

Secretary-General of the Council.



In witness whereof, the undersigned representatives, duly authorised for this purpose, this

the Convention was signed.



Done at Brussels on the 11th of June in the year one thousand devítistého

1968 in the languages French and English, with lyrics in

both languages are authentic, in a single copy, which shall be

deposited with the Secretary-General of the Council who shall transmit certified copies to all

States in accordance with the provisions of article. 19, paragraph 1, of this Convention.

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