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On The Establishment Of The Customs Cooperation Council Convention And Its Amendments

Original Language Title: Par Muitas sadarbības padomes nodibināšanas konvenciju un tās grozījumiem

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The Saeima has adopted and the President promulgated the following laws: for the establishment of the Customs Cooperation Council and the amendments to the Convention article 1. 1950-15 December establishing the Customs Cooperation Council of the Convention (hereinafter referred to as the Convention) and the Customs Cooperation Council of 30 June 2007 amendments to the recommendation of the Customs Cooperation Council established in the Convention (hereinafter referred to as the amendments) with this law is adopted and approved. 2. article. The amendments provided for in the Convention and to the fulfilment of the obligations shall coordinate the Ministry of finance. 3. article. To recognize that, in accordance with the Council of Ministers of 8 May 1992, the instrument of accession to the Convention and article 18 of the Convention, the Convention applies in Latvia with 22 June 1992. 4. article. Amendments shall enter into force of the Convention for the period specified in article 20 and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 5. article. The law shall enter into force on the day following its promulgation. With the law of the Convention and the amendments put in English and their translation into Latvian language. The Parliament adopted Act of 13 November 2008. President Valdis Zatlers in Riga V. on 27 November 2008 the CONVENTION ESTABLISHING A customs co-operation COUNCIL signed in Brussels on December 15, 1950, came into force on November 4, 1952 the Governments of signatory to the present Convention, Considering it advisabl to secure the highest degree of harmony and uniformity in their customs systems and especially to study the problems inheren in the development and improvement of customs legislation and customs technique in connection therewith , Convinced that it will be in the interest of international trade to promote co-operation between Governments in these matters, bearing in mind the economic and technical factors involved therein, have agreed as follows: article I (A) the Customs Co-operation Council (hereinafter referred to as "the Council") is hereby set up. Article II (a) the members of the Council shall be: (i) the Contracting Parties to the present Convention; (ii) the Government of any separate customs territory which is proposed by a Contracting Party having responsibility for the formal conduct of its diplomatic relations, which is autonomous in the conduct of its external commercial relations and whose admission as a separate Member is approved by the Council. (b) Any Government of any separate customs territory, which is a Member of the Council under paragraph (a) (ii) above, shall cease to be a Member on notification to the Council of the withdrawals of its membership by the Contracting Party having responsibility for the conduct of its formal diplomatic relations. (c) Each Member shall nominat one delegate and one or more alternate to be its representatives on the Council. These representatives may be assisted by an adviser. (d) the Council may be admi representatives of the non-Member Governments or of international organization in the capacity of observer. Article III the functions of the Council shall be: (a) to study all questions relating to co-operation in customs matters which the Contracting Parties agree to promote in conformity with the general purpose of the present Convention; (b) to examin the technical aspects, as well as the economic factors related to the Custom of theret systems with a view to proposing it for its members practical means of attaining the highest possible degree of harmony and uniformity; (c) to prepare draft amendments to the Convention and to the Convention and to recommend their adoption by interested Governments; (d) to make recommendations to ensur the uniform interpretation and application of the Convention is concluded as a result of it works as well as those concerning the Nomenclatura for the Classification of goods in the Customs Tariff and the Valuation of goods for customs Purpose-prepared by the European Union Study Group and the Custom to this end, to perform such functions as may be assigned to it expressly in those Convention in accordanc with the provision of thereof; (e) to make recommendations, in a conciliatory capacity, for the settlement of the dispute concerning the interpretation or application of the Convention is referred to in paragraph (d) above in accordanc with the provision of those Convention; the parties in dispute may agree in advance to accept the recommendations of the Council as binding; (f) to ensur the circulation of information regarding customs regulations and procedures; (g) on its own initiative or on request, to furnish the interested Governments information or advice on customs matters within the general purpose of the present Convention and to make recommendations thereon; (h) to co-operate with other inter-governmental organizations as regards matters within its competence. Article IV the members of the Council shall supply to the Council any information and documentation requested by it which is not cessary for the execution of its function, provided that it shall be required from the Member-confidential information divulg, the disclosure of which would imped the enforcement of its laws, or which would otherwise be contrary to the public interest or prejudice the commercial interests of any legitimat Enterprise , public or private. Article V the Council shall be assisted by a permanent Technical Committee and a General Secretariat. Article VI (a) the Council shall elect annually, from among the members of members, a Chairman and not less than two Vice-Chairmen. (b) It shall establish its own rules of procedure by a majority of not less than two-thirds of its members. (c) It shall establish a Committee as provided in the Nomenclatura the Convention on Nomenclatura for the Classification of goods in the Customs Tariff and a Valuation Committee as provided in the Convention on the Valuation of goods for customs Purpose. It shall also establish such other committees as may be for the purpose of desirabl of the Convention is referred to in article II (d) or for any other purpose within its competence. (d) It shall determin the tasks to be assigned to the Permanent Technical Committee and the powers to be delegated to it. It shall approve (e), it will control its annual budget, expenditure and give such directions as it may consider a desirabl regarding its finances to the General Secretariat. Article VII (a) the headquarters of the Council shall be in Brussels. (b) the Council, the Permanent Technical Committee and any committees established by the Council may meet elsewher than at the headquarters of the Council, if the Council so decide. (c) the Council shall meet at least twice a year. Its first meeting shall take place not later than three months after the entry into force of the present Convention. Article VIII (a) Each Member of the Council shall have one vote except the that a Member shall not have a vote on any question relating to the interpretation, application or amendment of any of the Convention is referred to in article III (d) which is in force and which do not apply to that Member. (b) Except as provided in article VI (b) the decision of the Council shall be taken by a majority of two-thirds of the members present and entitled to vote. The Council shall not take a decision on any matter unless more than half of the members entitled to vote on the matter at the present. Article IX (a) the Council shall establish such relations with the United Nations, its principal organs, subsidiary bodies and specialized agencies, and any other governmental organizations, inter-as may best assuras is collaboration in the achievement of their respectiv tasks. (b) the Council may make arrangements for the consultation and not the cessary facilitat cooperation with non-governmental organizations interested in matters within its competence. Article X (a) the Permanent Technical Committee shall be composed of representatives of the members of the Council. Each Member of the Council may nominat one delegate and one or more alternate to be its representatives on the Committee. Representatives shall be officials specialized in customs matters technical. They may be assisted by experts. (b) the Permanent Technical Committee shall meet not less than four times a year. Article XI (a) the Council shall be a Secretary General and a appoin Deputy Secretary General whose functions, duties, conditions of service and the terms of Office shall be determined by the Council. (b) the Secretary General shall be appoin-the staff of the General Secretariat. The establishment and staff regulations shall be approved by the Council. Article XII (a) Each Member shall bear the expense of its own delegation to the Council, to the Permanent Technical Committee and to any committees of the Council. (b) the expense of the Council shall be borne by its members in accordanc with a scale to be determined by the Council. (c) the Council may in voting rights depriv of any Member which does not pay its contributions within three months of being notified of the amount thereof. (d) Each Member shall pay its full annual contributions for the financial year during which it become a Member of the Council and for the financial year during which it will notice of withdrawals become the effective. Article XIII (a) the Council shall enjoy, in the territory of each of its members such legal capacity, as defined in the Annex to the present Convention, may not be sharp cessary for the exercise of its functions. (b) the Council, the representatives of members, the adviser and experts appointed to assist them, and the officials of the Council shall enjoy the privilege and specified in the Annex to the immunit to the present Convention. (c) the Annex to the present Convention shall form an integral part thereof, and any reference to the Convention shall be deemed to include a reference to the Annex. Article XIV the Contracting Parties accept the provision of the Protocol concerning the European Customs Union Study Group opened for signature at Brussels on the same data as the present Convention. In determining the scale of contributions provided for in article XII (b), the Council shall take into considerations the membership of the Study Group. Article XV of the present Convention shall be open for signature until 31 March, 1951 Article XV (a) the present Convention shall be subject to ratification. (b) the Instruments of ratification shall be deposited with the Belgian Ministry of Foreign Affairs, which shall notify all signatory and acceding Governments and the Secretary General of each such deposit. Article XVII (a) When the instrument of ratification have been deposited by seven of the signatory Governments, the present Convention shall come into force between them. (b) For each signatory Government ratifying thereafter the present Convention shall come into force upon deposit of its instrument of ratification. Article XVIII (a) the Government of any State which is not a signatory to the present Convention may accede axis from 1 April, theret 1951. (b) the Instrument of accession shall be deposited with the Belgian Ministry of Foreign Affairs, which shall notify all signatory and acceding Governments and the Secretary General of each such deposit. (c) the present Convention shall come into force for any acceding Government on the deposit of its instrument of accession, but not before it comes into force in accordanc with paragraph (a) of article XVII. Article XIX the present Convention is of unlimited duration, but at any time after the expiry of five years from its entry into force under paragraph (a) of article XVII , any Contracting Party may withdraw therefrom. Withdrawals shall take effect one year after the date of receipt by the Belgian Ministry of Foreign Affairs of the notifications of withdrawals. The Belgian Ministry of Foreign Affairs shall notify each signatory and acceding Governments attention to all and to the Secretary General. Article XX (a) the Council may recommend amendments to the present Convention to the Contracting Parties. (b) Any Contracting Party accepting an amendment shall notify the Belgian Ministry of Foreign Affairs in writing of its acceptance and the Belgian Ministry of Foreign Affairs shall notify all signatory and acceding Governments and the Secretary General of the receipt of the notice of acceptance. (c) An amendment shall come into force three months after receipt by the Belgian Ministry of Foreign Affairs of notice of acceptance by all the Contracting Parties. When any amendment has been accepted by all the Contracting Parties the Belgian Ministry of Foreign Affairs shall notify all signatory and acceding Governments and the Secretary General of such acceptance and of the date on which the amendment will come into force. (d) After an amendment has come into force, of the Government may accede to the ratify.â or the present Convention unless it also will accept the amendment. In witness whereof the undersigned, having been duly authorized by the Governments of their respectiv theret, have signed the present Convention. Done at Brussels on the fifteenth day of December, nineteen hundred and fifty (December 15, 1950) in the English and French languages, both texts being equally authentic, in a single original, which shall be deposited in the archives of the Government of Belgium which shall transmit certified to each signatory thereof and the cop their acceding Government.   ANNEX TO the CONVENTION ESTABLISHING A customs co-operation COUNCIL LEGAL CAPACITY, AND PRIVILEGES to the IMMUNIT OF the COUNCIL article I DEFINITION of Section 1. In this Annex: (a) For the purpose of article III, the word "property and assets" shall also include property and funds administered by the Council in its constitutional function of furtheranc; (b) For the purpose of article V, the expression "representatives of members" shall be deemed to include all representatives, alternate, adviser, technical experts and a delegation of the secretar. Article II JURIDICAL PERSONALITY Section 2. The Council shall posses a juridical personality. It shall have the capacity: (a) the contract, (b) and dispos of acquir immovabl and movable property, (c) to institute legal proceedings. In these matters the Secretary General shall act on behalf of the Council. Article III PROPERTY, funds AND assets Section 3. The Council, its property and assets, wherever located and by whomsoever held, shall enjoy immunity from every form of legal process except in so far as in any particular case it has expressly waived its immunity. It is, however, understood that from the waiver of immunity shall extend to any measure of execution. Section 4. The premise of the Council shall be inviolabl. The property and assets of the Council, wherever located and by whomsoever held, shall be from search, requisition, immun confiscation, expropriation and any other form of interference whethers by Executive, administrative, judicial or legislative action. Section 5. The archives of the Council and in general all documents belonging to it or held by it, wherever located, shall be inviolabl. Section 6. Without being restricted by financial controls, regulations or of any kind of moratori: (a) the Council may hold currency of any kind and operate accounts in any currency; (b) the Council may freely transfer its funds from one country to another or within any country and convert any currency held by it into any other currency. Section 7. The Council shall, in exercising its rights under Section 7 above, pay due regard to any representation made by any of its members and shall give effect to such representation in so far as it consider that this can be done with out detrimen to the interests of the Council. Section 8. The Council, its assets, income and other property shall be: (a) main from all direct taxes; It is understood, however, that the Council will not claim exemption from taxes which are, in fact, no more than charges for public utility services; (b) customs duties from main and prohibition and restriction on imports and exports in respect of articles imported or exported by the Council for its official use; It is understood, however, that articles imported under such exemption will not be sold in the country into which they are imported, except under conditions agreed by the Government of that country; 9 January 1967 (c) main from all customs duties and prohibition and restriction on imports and exports in respect of its publications. Section 9. While the Council will not, as a general rule, claim exemption from excise duties and from taxes on the sale of movable property which form of the immovabl and of the price to be paid, not vertheles when the Council is making important purchase for official use of property on which such duties and taxes have been charged or are in chargeabl , Members of the Council will, whenever possible, make appropriate administrative arrangements for the remission or return of the amount of duty or tax. Article IV facilities IN respect OF Communications Section 10. The Council shall enjoy, in the territory of each of its members, for its official communications, treatment not less than that accorded favourabl by that Member to any other Government including the latter's diplomatic mission, in the matter of allocation, rates and taxes on mails, cables, radiogram, telegram, telephotos, telephone and other communications, and press rates for information to the press and radio. Section 11 shall be applied from censorship to the official and other official correspondenc communications of the Council. Nothing shall be construed in this section it preclud the adoption of appropriate security precaution to be determined by agreement between the Council and any of its members. Article V representatives OF members Section 12. Representatives of members at meetings of the Council, the Permanent Technical Committee and committees of the Council shall, while exercising their functions and during their journey to and from the place of meeting, enjoy the following privileges and to: (a) immunity immunit from personal arrest or detention and from chicken pox vaccine and of their personal baggag, and in respect of words spoken or written and all acts done by them in their official capacity immunity from legal process, of every kind; (b) inviolability for all papers and documents; (c) the right to use codes and to receive papers or by courier or in sealed correspondenc bags; (d) exemption in respect of themselves and their spouse from immigration restriction or the Aliens ' registration in the State which they are visiting or through which they are passing in the exercise of their functions; (e) the same facilities in respect of currency or Exchange restriction as is accorded to the representatives of foreign Governments or temporary official missions; (f) the same facilities in respect to the immunit and of their personal life with their accorded baggag as members of the diplomatic mission of comparabl rank. Section 13. In order to secure for the representatives of members at meetings of the Council, the Permanent Technical Committee and committees of the Council complete freedom of speech and complete independence in the discharge of their duties, the immunity from legal process in respect of words spoken or written and all acts done by them in discharging their duties shall continue to be accorded , notwithstanding that the persons concerned are no longer engaged in the discharge of such duties. Section 14. Privilege and to the immunit accorded to the representatives of members, not for the personal benefit of the individual themselves, but in order to safeguard the independent exercise of their functions in connection with the Council. Consequently, a Member not only has the right but is under a duty to waiv the immunity of its representatives in any case where, in the opinion of the Member, the immunity would imped the course of Justice, and where it can be waived without prejudice to the purpose for which the immunity is accorded. Section 15. The provision of sections 12 and 13 are not applicable in relations to the authorities of a State of which the person is a national or of which he is or has been a representative. Article VI officials OF the COUNCIL of Section 16. The Council will specify the categories of officials to which this article shall apply. The Secretary General shall communicate to the members of the Council the names of the officials included in these categories. Section 17. Official of the Council shall: (a) be legal process from immun in respect of words spoken or written and all acts performed by them in their official capacity and within the limits of their authority; (b) be the main from taxation in respect of the salar and emolument paid to them by the Council; (c) be immun, together with their spouse and relatives dependent on them, of from immigration restriction and aliens ' registration; (d) be accorded the same privileges in respect of exchange facilities as are accorded to officials of the rank of diplomatic missions comparabl; (e) be given, together with their spouse and relatives dependent on them, of the same repatriation facilities in time of international crisis as officials of the rank of diplomatic missions comparabl; (f) have the right to import free of duty their furniture and effects at the time of first taking up their post in the country in question, and to return such furniture and effects free of duty to their country of domicile on the termination of their function. Section 18. In addition to the privilege and to specified in Section 17, immunit the Secretary General of the Council shall be accorded in respect of himself, his spouse and children under the age of 21, the privilege, exemption, and immunit facilities accorded to heads of diplomatic missions in conformity with international law. The Deputy Secretary General shall enjoy the privilege of exemption, and immunit facilities accorded to diplomatic representatives of comparabl rank. Section 19 Privilege and granted it to the immunit of officials in the interest of the Council only and not for the personal benefit of the individual themselves. The Secretary General shall have the right and the duty to waiv the immunity of any official in any case where, in his opinion, the immunity would imped the course of Justice and can be waived without prejudice to the interests of the Council. In the case of the Secretary General, the Council shall have the right to waiv the immunity. Article VII experts ON missions FOR the COUNCIL Section 20. Experts (other than officials coming within the scope of article VI) performing missions for the Council, shall be accorded such a privilege, and facilities with sharp immunit not cessary for the independent exercise of their functions during the period of their missions, including the time on the journey in spen connection with their missions. In particular they shall be accorded: (a) immunity from personal arrest or detention and from chicken pox vaccine and of their baggag; (b) in respect of words spoken or written or things done by them in the performance of their mission and within the limits of their authority, immunity from legal process of every kind; (c) inviolability for all papers and documents. Section 21. Privilege, and facilities to the immunit granted to experts in the interests of the Council and not for the personal benefit of the individual concerned. The Secretary General shall have the right and the duty to waiv the immunity of any expert in any case where, in his opinion, the immunity would imped the course of Justice and it can be waived without prejudice to the interests of the Council. Article VIII ABUSE OF PRIVILEGE in Section 22. Representatives of members at meetings of the Council, the Permanent Technical Committee and committees of the Council, while exercising their functions and during their journey to and from the place of meeting, and officials within the meaning of Section 16 and Section 20, shall not be required by the territorial authorities to leave the country in which they are performing their functions on account of any activities by them in their official capacity. In this case, however, of abuse of privileges of residence committed by any such person in activities in that country outside his official functions, he may be required to leave by the Government of that country provided that: (i) representatives of members of the Council, or a person who is entitled to diplomatic immunity under Section 18, it shall not be required to leave the country otherwise than in accordanc with the diplomatic procedure applicable to diplomatic envoy is accredited to that country. (ii) In the case of an official to whom Section 18 is not applicable, on the orders of their leave the country shall be issued other than with the approval of the Foreign Minister of the country in question, and such approval shall be given only after consultation with the Secretary General of the Council, and, if expulsion proceedings are taken against an official , the Secretary General of the Council shall have the right to appear in such proceedings on behalf of the person against whom they are instituted. Section 23. The Secretary General shall co-operate at all times with the appropriate authorities of members of the Council to facilitat the proper administration of Justice, secure the observanc of police regulations and prevent the occurrence of any abuse in connection with the privileges, facilities and immunit enumerated in the present Annex. Article IX settlement OF DISPUTE of Section 24. The Council shall make provision for appropriate modes of settlement of: (a) the dispute arising out of contracts or other dispute of a private character to which the Council is a party; (b) the dispute involving any official of the Council by reason of his official who enjoy immunity, if immunity of the position has not been waived in accordanc with the provision of Section 19 and article 21 SUPPLEMENTARY agreements Section 25 X. The Council may with any Contracting Party or conclud Contracting Parties supplementary agreements adjusting the provision of the present Annex so far as that Contracting Party or Contracting Parties to those concerned.
  RECOMMENDATIONS OF the customs co-operation COUNCIL CONCERNING the amendment OF the CONVENTION ESTABLISHING A customs co-operation COUNCIL the Customs Co-operation Council, RECOGNIZING the increasingly significant role played by customs or Economic unions, and particularly in the word Affairs in matters pertaining to trade, NOTING that certain customs or Economic unions are active participants in the work of the Organization, ACKNOWLEDGING the desire of one legitimat customs or Economic Union to place the States participation on a formal footing by becoming a Member of the Organization, and the possibility that others may wish to do so in the future, BEARING IN MIND that in order for a Custom or Economic Union to become a Member, an amendment must be made to the Convention establishing a customs co-operation Council, BEARING IN MIND also the provision of article XX of the Convention establishing a customs co-operation Council , concerning the amendment of the Convention, RECOMMEND to you all Contracting Parties to the Convention establishing a customs co-operation Council, the following amendments to that Convention: Amend article VIII (a), of the Convention to read as follows: article VIII (a) With the exception of customs or Economic Union members, for which the Council shall make specific provision, each Member of the Council shall have one vote except the that a Member shall not have a vote on any question relating to the interpretation, application or amendment of any of the Convention is referred to in article III (d) which is in force and which do not apply to that Member. Insert a new sub-paragraph (d) in article XVIII of the Convention, which will then read as follows: article XVII (a) the Government of any State which is not a signatory to the present Convention may accede axis from 1 April, theret 1951. (b) the Instrument of accession shall be deposited with the Belgian Ministry of Foreign Affairs, which shall notify all signatory and acceding Governments and the Secretary General of each such deposit. (c) the present Convention shall come into force for any acceding Government on the deposit of its instrument of accession, but not before it comes into force in accordanc with paragraph (a) of article XVII. (d) Any customs or Economic Union may become, in accordanc with paragraph (a), (b) and (c) above, a Contracting Party to this Convention. Any request from a customs or Economic Union to become a Contracting Party shall first be submitted to the Council for approval. For the purpose of this Convention, "customs or Economic Union" means a Union constituted by, and composed of, States which has competence to be its own adop regulations that are binding on those States in respect of matters governed by this Convention, and has competence to decide, in accordanc with its internal procedures, to accede to this Convention.

The ESTABLISHMENT of the Customs Cooperation Council signed in Brussels the Convention in 1950 on 15 December 1952, entered into force on November 4, the Governments which have signed this Convention, considering that it is appropriate to ensure that national customs system and higher degree of unity and, in particular, to explore the problems inherent with this technique and related customs customs legislative development and perfecting, convinced that the interest of international trade will promote co-operation between Governments on these issues Bearing in mind the economic and technical aspects, have concluded the following agreement: article I, is hereby established by the Customs Cooperation Council (hereinafter called "the Council"). Article II (a) members of the Council are: (i) a party to this Convention; (ii) any separate customs territory Government, which recommends that the party responsible for its formal diplomatic relations, which is an autonomous and its external commercial relation management, and as a separate Member's enrollment approved by the Council. (b) any Government separate customs territory, which is a member of the Council in accordance with the preceding paragraph (a) (ii), lose their membership, once the Council has received notification of the termination of the membership of the Party, which is responsible for the formal diplomatic relationship in its marketing. (c) each Member shall appoint one delegate and one or more alternates to be his representative to the Council. These representatives can help consultants. (d) the Council may allow non-member Governments or international organisations to participate as observers. Article III of the functions of the Council of the following: (a) to address all issues relating to cooperation in customs matters, on which the contractual partners shall have agreed under this Convention the General objectives; (b) exploring with the customs system related technical aspects, as well as economic factors, with the aim to recommend participants practical means to achieve potentially higher level of coherence and unity; (c) to prepare a draft Convention and amendments to the Convention and recommend their adoption to the interested Governments; (d) make recommendations to ensure a uniform interpretation and application of the conventions adopted as a result of its work, as well as those related to the classification of goods in the nomenclature of the customs tariff and goods to the determination of the value for customs purposes, drawn up by European customs unions, as well as the study group in this regard, such functions as laid down in these conventions to it in accordance with the conditions laid down here; (e) operating capacity of the conciliator, make recommendations for the settlement of disputes (d) item listed in the interpretation and application of the Convention under this Convention; the parties to the dispute may agree in advance to accept the recommendations of the Council as binding; (f) provide information about customs regulations and procedures movement; (g) on its own initiative or at the request of interested Governments to provide information or advice on customs issues the overall objective of this Convention, as well as provide related recommendations; (h) to cooperate with other intergovernmental organizations to the issues within their competence. Article IV the Council members provide the Council any of the requested information and documentation necessary for the performance of its functions, provided that none of the participants will not be required to disclose confidential information the disclosure of which would be associated with the application of the national legislation, or otherwise be contrary to the public interest or would prejudice any person, company or individuals commercial interests. Article v of the Council's work and assess the Permanent Technical Committee and the Secretary-General. Article vi (a) each year, the Council of delegates of the members elected the Chairman and not less than two Vice-Presidents. (b) it shall adopt its own rules of procedure with at least a two-thirds vote of the members consent. (c) it shall establish the Nomenclature Committee, as required by the Convention on nomenclature for the classification of goods in the customs tariff and the Evaluation Committee, as laid down in the Convention concerning the determination of the value for customs purposes. It also creates other such committees, which are desirable in conjunction with article III (d) Thai name conventions, or for any purpose within its competence. (d) it shall determine the tasks the Permanent Technical Committee, as well as the powers to be delegated to it. (e) It shall adopt its annual budget, control costs and give instructions to the Secretariat, as may be deemed necessary in connection with his financial issues. Article VII (a) the headquarters of the Council is held in Brussels. (b) in accordance with the Council decision, the Council, the Permanent Technical Committee and the other committees of Council created to meet at another location, which is not a Council headquarters. (c) the Council shall meet at least twice a year. Its first meeting shall take place no later than three months after the entry into force of this Convention. Article VIII (a) each Council Member shall have one vote, except when the Member does not have a voice in matters relating to any article III (d) named Convention in force and which do not relate to that participant, interpretation, use, or modification. (b) except in the case provided for in article VI (b), the decisions of the Council by a two-thirds majority of those present and eligible to vote in the majority. The Council is not entitled to decide on any matter unless at least half of the members having voting rights in this matter. Article IX (a) the Council shall develop relations with the United Nations, its main organs, institutions and specialized agencies, as well as other intergovernmental organizations, in such a way as to best ensure the implementation of the tasks. (b) the Council may conclude agreements that required to facilitate consultation and cooperation with non-governmental organizations concerned with the matters within its competence. (A) article x of the Permanent Technical Committee made up of representatives of the members of the Council. Each Council Member may nominate one delegate and one or more alternates who represent the Member in the Committee. The representatives nominated officials, technical specialist in customs matters. (b) the Permanent Technical Committee shall meet not less than four times per year. Article XI (a) the Council shall appoint the Secretary-General and the Deputy Secretary-General and their functions, duties, terms of employment and working conditions of the contract. (b) the Secretary-General shall appoint the staff of the General Secretariat. The establishment of the General Secretariat and recruitment conditions approved by the Council. Article XII (a) each participant the same shall bear the costs related to the participation of delegations in the Council, the Permanent Technical Committee and any other Committee of the Board. (b) the costs shall be borne by the members of the Council in accordance with the proportions laid down by the Board. (c) the Council may revoke any Member's voting rights, if it is not paid membership fees within three months of its receipt of the calculation. (d) Each Member shall pay an annual membership fee in full for the financial year during which it becomes a member of the Council, as well as of the financial year, which shall enter into force on its announcement of withdrawal from the Council. Article XIII (a) all the members of the Council are the territory's legal rights, as defined in the annex to this Convention and any of its functions is required. (b) the members of the Council, representatives, consultants, and experts appointed to help them, as well as Council officials have such privileges and immunities as set out in the annex to this Convention. (c) the annex to this Convention shall form an integral part thereof, and considered that any reference to the Convention shall include a reference to the attachment. Article XIV contractual partners shall adopt the Protocol on the Customs Union research group that was passed for signing in Brussels at the same day when this Convention, conditions. In determining the amount of contributions in accordance with article XII (b), the Council will take account of participation in the study group. Article XV of the Convention a candidate for signing up on 31 March 1951. Article XVI (a) this Convention is subject to ratification. (b) the instruments of ratification shall be deposited with the Ministry of Foreign Affairs of Belgium, which shall inform all signatories and Governments of the Member States, as well as the Secretary-General of each such document. Article XVII (a) the deposit of instruments of ratification documents have provided seven of the signatory Governments of the Convention, this Convention shall enter into force with respect to those countries. (b) in respect of other Governments that ratification of this Convention shall be submitted subsequently, the Convention shall enter into force on the day of submission of the instruments of ratification. Article XVIII (a) any other State which is not a signatory to this Convention, the Government can join the Convention, starting with 1 April 1951. (b) accession shall be submitted to the Ministry of Foreign Affairs of Belgium, which shall inform all signatories and Governments of the Member States, as well as the Secretary-General of each such document. (c) with regard to the Governments of the acceding to this Convention, it shall enter into force on the day of accession, but not before, as it enters into force in accordance with article XVII, paragraph (a). Article XIX of the Convention is open-ended, but after five years have passed since its entry into force in accordance with article XVII, paragraph 2 (a) any party may withdraw from it. Withdrawal shall take effect one year after the Belgian Ministry of Foreign Affairs has received a notice of withdrawal. The Ministry of Foreign Affairs of Belgium shall inform all signatories and Governments of the Member States, as well as the Secretary-General of the withdrawal of each notice. Article XX (a) the Council may recommend to the Contracting Parties to make changes to this Convention. (b) Any Party that agrees with the change, inform in writing the Ministry of Foreign Affairs of Belgium for the adoption of changes, and the Belgian Ministry of Foreign Affairs shall inform all signatories and Governments of the Member States, as well as the Secretary-General of the notification of each acceptance of change. (c) changes shall enter into force three months after the Belgian Ministry of Foreign Affairs has received notifications of acceptance from all the changes to Contracting Parties. When the change is adopted, all contractual partners shall, Ministry of Foreign Affairs of Belgium shall inform all signatories and Governments of the Member States, as well as the Secretary-General of the adoption of the change and the date when the change will take effect. (d) after the entry into force of the change is that no Government can not ratify or accede to the Convention without accepting these changes. Demonstrating the highest, all who have the proper authorisation from their Governments, have signed this Convention. Sealed in Brussels in the late 1950s one thousand nine hundred and fifteenth day of December in the English and French languages, in which the texts are authentic, in one original, which is kept in the archives of the Government of Belgium, who will be a certified copy of each signatory and acceding Governments to the Convention.   Annex to the Convention for the establishment of the Customs Cooperation Council the Council legal powers, privileges and immunities article I definitions section 1 of this Annex: (a) under article III, the words "property and property" includes property and funds managed by the Council, in the framework of its constitutional functions; (b) within the framework of article V shall be considered that the expression "representatives of the participants" includes all the delegation representatives, alternates, advisers, technical experts and Secretaries. Article II section 2 of the legal PERSON, the Council has legal personality. It may: (a) enter into contracts, (b) to acquire and dispose of movable and immovable property, (c) propose to the court proceedings. These matters on behalf of the Council, the Secretary-General is running. Article III property, funds and assets section 3 the Council, its property and assets, regardless of where they are located and which manage them, enjoy immunity from any form of legal process, except when it is clear from such immunity were. 4. section Council facilities are inviolable. Council property and property, no matter where they are located and what they managed, enjoys immunity against crawling, requisition, expropriation, as well as any other form of interference in the Executive, administrative, judicial or legislative action. 5. section Council archives and all documents that it owns or is in its management, have sanctified no matter where they are located. 6. section without regard to any financial controls, regulations or a moratorium limits: (a) the Council may be of any currency, and it can work with bank accounts in any currency; (b) the Council shall be free to bring their own financial funds from one country to another or within any country and to convert its existing currency in any other currency. 7. section exercise of its rights under the terms of section 6, the Council duly notes any protests lodged by any of its members, and satisfy these protests to the extent that it can be done without harming the interests of the Council. 8. section Council, its assets, income and other property: (a) not subject to any direct taxation; However, it is understood that the Council does not require the release of tax, not exceeding the charges applicable to public service providers; (b) not subject to customs duties, as well as import and export prohibitions and restrictions on the goods that are imported or exported, the Council with the aim to use their service; However, it is understood that, under such an exemption for imported goods will not be sold in the country in which they are imported, except for the condition when it agreed to a national Government; (c) not subject to any customs duties, as well as import and export prohibitions and restrictions in respect of its publications. 9. section To the Council usually does not claim to exemption from excise duties and taxes on movable and immovable property sales that are included in the price paid, however, in cases where the Council service buy essential things that are exempt or subject to the following taxes and duties the Council members whenever possible, take the necessary administrative steps to ensure the release of such fees or taxes or repayment. Article IV the communication section all participants 10 Territories Council service communication needs is a status that is as favourable as the participant concerned shall grant to any other Government, including the last diplomatic mission, with regard to priorities, tariffs and taxes on mail, telegram, telegraph messages, signals, telefotogrāfij, telephone and other communications, and press rates for the provision of information in the press and radio. 11. the section on the Council's official correspondence and other official communications shall not be subject to censorship. Nothing in this section is not translated, thus thwarting adopt appropriate security measures to be defined by agreement between the Council and any of its members. Article v representatives of members to the members section of the 12 representatives in meetings of the Council, the Permanent Technical Committee and the Council Committee, as long as they carry out their duties and the journey time to and from the meeting venue, the following privileges and immunities: (a) immunity in respect of the arrest or detention of the personal and the seizure of personal baggage as well as spoken or written words and all actions taken of their duties in relation to any judicial proceedings; (b) inviolability of all documents; (c) the right to use codes and to receive papers or correspondence by courier or in sealed envelope; (d) the derogations themselves and their spouses (s) in relation to the immigration restrictions or alien registration in the country where they are going or who pass through the performance of their duties; (e) the same facilities in respect of currency or exchange restrictions, which are due to foreign Governments or temporary official missions; (f) the same immunities and facilities in respect of their personal baggage as are entitled to diplomatic missions of equivalent rank. 13. section to ensure participants ' representative Council, the Permanent Technical Committee and the Council Committee meetings continue to be security, complete freedom of speech and complete independence, their duties, immunity for proceedings relating to spoken or written words and all transactions conducted in the course of their duties, notwithstanding that the persons concerned are no longer engaged in such duties. 14. the representatives of the members of the section of the privileges and immunities are granted in order that they not get a personal benefit, but to ensure their independence in the course of their duties in connection with the Council. Consequently, the participants have not only the right but the obligation is imposed to refuse immunity of its representatives in any case where, in accordance with the opinion of the participants of the proceedings and immunity hindered when they can be waived, without harming any of the purpose for which immunity was granted. 15. sections 12 and 13 under conditions not attributable to the authorities of the country of which the officer is representative of this or that is or was. Article vi OFFICIALS section 16 of the Council the Council shall determine the categories of officials to which this article applies. The Secretary-General shall notify the members of the Council of the names of the officials included in these categories. 17. section Council officers: (a) enjoy immunity in relation to spoken or written words and all transactions conducted in the course of their duties and within the framework of their respective powers, in relation to any judicial proceedings; (b) be exempt from taxation in relation to the salaries and other emoluments paid to them by the Council; (c) enjoy immunity, together with their spouses and relatives dependent on them for immigration restrictions, and alien registration; (d) enjoys the same privileges in respect of currency conversion options due to the diplomatic missions of equivalent rank; (e) use, along with their spouses and relatives dependent on them, from the same repatriation facilities in time of international crises as diplomatic agents of comparable rank of the mission; (f) use the opportunity, upon taking office for the first time in that country, to import their furniture and belongings without paying tax, as well as to return such furniture and other belongings in your home country, finally to perform his duties, also without paying for it. 18. section in addition to the privileges and immunities set out in section 17, the Secretary-General of the Council, as well as his spouse (ei) and children under 21 years of age, are granted the privileges, immunities, and benefits the derogation, in accordance with international law granted to the heads of diplomatic missions. The Deputy Secretary-General is assigned the privileges, immunities, and benefits accorded to diplomatic missions of equivalent rank. 19. section Officials of the privileges and immunities are granted in order that they not get a personal benefit, but in the interests of the Council. The Secretary-General has the right and duty to refuse any officials immunity in any case where, in accordance with his belief in the immunity would impede the proceedings and when they can be waived, without harming any of the purpose for which immunity was granted. In the case of the Secretary-General the right to refuse to grant immunity is the Council. Article VII the experts Council missions section 20 experts (other than officials, experts on the scope of article VI), carrying out missions, granted such privileges, immunities and facilities as are necessary for their independence in the execution of his duties during the mission, including mission trips in connection with time spent. They are granted: (a) immunity against arrest or detention of the personal and the seizure of the luggage; (b) immunity in respect of any proceedings in connection with the spoken or written words and all transactions conducted in the discharge of the responsibilities of the mission and within the framework of their respective powers; (c) inviolability of all documents. 21. the experts section of the privileges and immunities are granted in order that they not get a personal benefit, but in the interests of the Council. The Secretary-General has the right and the duty to reject any expert's immunity in any case where, in accordance with his belief in the immunity would impede the proceedings and when they can be waived, without harming the interests of the Council. Article VIII privilege abuse 22. representatives of the members of the section meetings of the Council, the Permanent Technical Committee and the Council Committee, as long as they carry out their duties and the journey time to and from the venue of the meetings, as well as officials, covered by section 16 and 20 of the territorial institutions, the conditions will not be required to leave the country where they perform their duties in connection with any action the official status of the officials. However, in cases where any of the following persons, carrying out activities in this country, which are not part of her official duties, is abusing the privileges of residence, the Government may require such person to leave the country, provided that: (i) the members of the Council of representatives or persons entitled to diplomatic immunity under section 18 of the regulations, will be required to leave the country otherwise than in accordance with the diplomatic procedure applicable to diplomatic ambassadors accredited in this country; (ii) in cases concerning officials not covered by section 18 of the Ordinance the conditions to leave the country will not be issued without the State's approval of the Minister of Foreign Affairs, such approval may be given only after consultation with the Secretary-General of the Council, and in cases where such officials shall apply to deportation procedures, the Secretary-General of the Council shall have the right to participate in this proceeding, the person against whom the proceedings initiated. 23. The Secretary-General of the permanent section in cooperation with the members of the Council bodies concerned in order to facilitate the proper administration of Justice, secure the observance of political conditions and to avoid any abuse occur in connection with the privileges, immunities and facilities listed in this annex. Article IX settlement of disputes section 24 the Council lay down the conditions for appropriate resolutions in the following cases: (a) disputes arising out of contracts or other disputes of a private nature, involving the Council; (b) disputes involving any official of the Council that their position in the week to enjoy immunity, if immunity has not been rejected in accordance with section 19 and 21. Additional agreement article x section 25 the Council may conclude with any Contracting Party or Contracting Parties further agreed that the conditions of this annex changes insofar as it relates to this or these Contracting Parties at the earliest.     Recommendation of the Customs Cooperation Council amendments to the Customs Convention on the ESTABLISHMENT of the cooperation Council of the Customs Cooperation Council, conscious of the customs or economic Union of increasing importance in the world and especially in matters related to trade, taking into account the fact that the customs or economic unions are active participants in the work of the Organization, recognizing one of customs or economic unions to raise the legitimate desire of my candidacy for the position of their members, and the possibility that other Union can express such a wish in the future Bearing in mind that, to customs or economic Union becoming a member of the Organization, it is necessary to make amendments to the Customs Convention on the establishment of the cooperation Council, recommends that all the Customs Cooperation Council the establishment of the Contracting Parties to the Convention to make the following amendments to the Convention: amend article VIII of the Convention (a) and the following paragraph to read as follows: (a) ARTICLE VIII, each Council member except the customs or economic Union members covered by the specific provisions of the Council of have one vote, except when the Member does not have a voice in matters relating to any article III (d) of the Convention, referred to in paragraph 1 which are in force and which do not relate to that participant, interpretation, use, or modification. Supplement with a new article XVIII (d) and article XVIII below should read as follows: article XVIII (a) any other State which is not a signatory to this Convention, the Government can join the Convention, starting with 1 April 1951. (b) accession shall be submitted to the Ministry of Foreign Affairs of Belgium, which shall inform all signatories and Governments of the Member States, as well as the Secretary-General of each such document. (c) with regard to the Governments of the acceding to this Convention, it shall enter into force on the day of accession, but not before, as it enters into force in accordance with article XVII (a). (d) according to the above (a), (b) and (c) the points any customs or economic Union may become a Contracting Party to this Convention. To a customs or economic Union becoming a Contracting Party, it must first be submitted to the approval of the Council. In the context of this Convention, "customs or economic Union" means the Union of States empowered to accept ourselves binding rules with respect to matters covered by this Convention, and has competence to decide, in accordance with its internal procedures, to accede to this Convention.