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On The International Convention On The Harmonized Commodity Description And Coding System

Original Language Title: Par Starptautisko konvenciju par preču aprakstīšanas un kodēšanas harmonizēto sistēmu

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The Saeima has adopted and the President promulgated the following laws: The International Convention on the harmonized commodity description and coding system article 1. The International Convention on the harmonized commodity description and coding system (hereinafter referred to as the Convention) with this law is accepted and approved. 2. article. The law shall enter into force on the date of its promulgation. To put this law by law referred to in article 1 of the Convention and its translation into Latvian language. 3. article. Ministry of Foreign Affairs of the Republic of Latvia on the basis of this law and in accordance with article 12 of the Convention, paragraph 3 shall be prepared to send the accession article Customs Director-General of the cooperation Council. 4. article. The Convention shall enter into force on its article 13, paragraph 2, within the time and in order. The Parliament adopted the law of 12 October 1995. The President g. Ulmanis in Riga, 1995 October 31, the Convention on the harmonized commodity description and coding system of the Customs Cooperation Council PREAMBLE control conventions developed in the Contracting Parties, desiring to promote international trade, desiring to promote statistical data, especially statistical data on international trade, collection, collation and analysis, desiring to reduce expenses to repeatedly describing, classifying and coding of goods international trade development to them over the course of the transition from one classification system to another as well as to promote the standardization of trade documents and data transfer, taking into account the fact that international trade and technological progress the form results in the need for extensive amendments to the 1950s on 15 December in Brussels adopted the Convention on nomenclature for the classification of goods in the customs tariff, given that the exact amount of data, which the Government requires the Customs and statistical purposes and necessary for the provision of trading interests, greatly exceeded the above Convention to present the attached volumes in Stock in recognition of accurate and comparable data the need for negotiations on international trade issues, given that the harmonized system is intended to be used for the various modes of transport in the freight tariff tables and freight statistics, considering that the harmonized system is intended to be the maximum use of the harmonized commodity description and coding system, given that, considering that the harmonized system is created to facilitate maximum coherence between import and export trade statistics and production statistics taking into account the need to retain the maximum correlation between the harmonized system and the United Nations Standardized international trade classification (SITC), taking into account that the above requirements should be met through their tariff statistics combined nomenclature, suitable for various areas of international trade, considering that it is important to ensure that the harmonized system meets the technology progress and modern international trade model, taking into account the work in this field made up of the Customs Cooperation Council in the Harmonized System Committee, having regard to the fact that the aforementioned Convention on nomenclature for the classification of the goods is the effective use of some of those objectives, however, to get the desired results, the best would be to conclude a new International Convention, have agreed as follows:   Article 1 of this Convention, explanations of terms for the purposes of: (a)) the "harmonized commodity description and coding system", hereinafter referred to as the "harmonized system" means the nomenclature, which contains product group headings, subheadings and the corresponding number codes, part, chapter and subtitle comments and explanation of the basic rules of the harmonized system are defined in the annex to this Convention; b) "customs tariff nomenclature" means the nomenclature established pursuant to līgumslēdzējpuš of the laws concerning import duties; c) "statistical nomenclatures" means goods nomenclature, developed by the Contracting Parties for the collection of statistical data on imports and exports; d) "combined tariff/statistical nomenclature" means the goods nomenclature, which combines the nomenclature of the customs tariffs and statistical nomenclatures, legally established by the party of import goods declaration; (e)) "the Convention on the establishment of the Council" of the 1950s on 15 December in Brussels for conclusion of the Convention by the Customs Cooperation Council; (f) "the Council") is the e) referred to in the Customs Cooperation Council; g) "Secretary-general" means the Secretary-General of the Council; h) "ratification" is the approval, acceptance or support.   Article 2 annex the annex to this Convention shall form an integral part thereof, and any reference to the Convention is to refer to the annex.   3. Article Līgumslēdzējpuš 1. subject to the obligations of article 4 restrictions: (a) the named) and except this article) the conditions referred to in point (c), each Party shall undertake that its customs tariff and statistical nomenclatures will Harmonise the system from the time of becoming party to this Convention. Each party therefore undertake customs tariff and statistical nomenclatures: I) used without the additions or amendments to any grouping of the harmonized system headings, subheadings and their corresponding numerical codes; (II) to comply with the basic rules) explaining the system and any part, chapter and subtitle, as well as the comments are not part of the harmonized system to change, chapter, heading or subheading covers the range of the Group; III) to comply with the harmonized system coding procedures; (b) each Party shall ensure) public access to its import and export trade statistics in accordance with the six-digit Harmonized System codes, or by contractual partners shall desire more, unless this information is a trade secret or not causing harm to national security; c) Nothing in this article shall oblige a party to its customs tariff nomenclature to use subheadings of the harmonized system, if your single tariff and statistics nomenclature follow the abovementioned a. I), a. II) and paragraphs URa.III). 2. the execution of this article a) requirements, each party may make such changes in the text that might be needed to the harmonized system to be consistent with the national legislation. 3. Nothing in this article shall prohibit the assessment of its customs tariff nomenclature or the subheading of the nomenclature of the statistics to introduce the classification of the goods with a higher number than in the harmonized system, provided that any such subdivision is encoded in addition to the annex of the Convention 6-digit code.   Article 4 the partial use of the harmonized system in developing countries 1. any party who belong to developing countries, may postpone the harmonized system subheadings corresponding to some or all of the group to use the required period of time, according to the external trade of this country's character or administrative resources. 2. a party that is a developing country and in accordance with the provisions of this article in part uses the harmonized system, undertakes to do everything in order to fully implement the six-digit harmonized system within five years, from the date when the Convention becomes binding for this party, or another period, according to paragraph 1 of this article. 3. a party that is a developing country and in accordance with the provisions of this article in part uses the harmonized system, use either all or none of the subtitles for any divsvītr the same viensvītr subtitle grouping; either all or none of any one of subheadings viensvītr title cover group. In such cases, the unused harmonized system code sixth digits or the fifth and sixth digits shall be replaced by "0" or "00". 4. Developing countries, in accordance with the provisions of this article shall select the partial use of the harmonized system, becoming a Contracting Party notify the Secretary-general formally of those subheadings which it will not be used until such time as the Convention becomes binding for this assessment, as well as to inform the Secretary-General of those subheadings which it will use immediately after this date. 5. any developing country which in accordance with the provisions of this article shall select the partial use of the harmonized system, becoming a Contracting Party, may inform the Secretary-General that it formally undertakes to apply the full six-digit harmonized system level after three years from the date on which the Convention becomes binding on that State. 6. A developing country that is a party to and in accordance with the provisions of this article used the partial use of the harmonized system, is released in the mentioned article 3 obligations regarding use of subheadings.   Article 5 technical support for developing countries in developed country that is a party to, according to mutually agreed rules, at the request of developing countries to provide them with technical assistance in the preparation of personnel, mainly the national reconciliation with the nomenclature of the harmonized system, advises on the development and the following nomenclature correction, according to the latest revision of the harmonized system and updating, as well as the application of the provisions of this Convention.   6. Article 1 of the Harmonized System Committee. In accordance with the provisions of the present Convention the representatives of all of the līgumslēdzējpuš the Committee is created, the Harmonized System Committee. 2. Meetings of the Committee shall normally meet at least twice a year. 3. the meetings of the Committee shall be convened by the Secretary-General, and, if the contractual partners shall not decided differently, then the headquarters of the Council. 4. The Harmonized System Committee each party has one vote. In addition, pursuant to the objectives of this Convention, and, not to prejudice any future Contracting Parties to the Convention, such as the Customs Union or economic association, as well as one or more of the following EU Member States together have only one vote. Also, if the Customs Union or economic association, which all the Member States in accordance with article 11 (b)) are eligible to become a Contracting Party, become, they together have only one vote. 5. The Harmonized System Committee shall elect a Chairman and one or more Vice-Chairmen. 6. the Committee shall adopt its rules of procedure by a decision taken by at least two-thirds of the vote. These rules shall be submitted to the Council for approval. 7. If necessary, the Committee shall invite intergovernmental and other international organizations to participate in its work as observers. 8. If necessary, the Committee constitute subcommittees or working groups, according to article 7(1) (a)), as well as the subcommittees or working groups the number of members, the voting rights and the rules of procedure.   Article 7 functions of the Committee 1. Harmonized System Committee pursuant to article 8, shall perform the following functions: (a) the proposed amendments to the Convention), if they are needed, taking into account the needs of users, as well as international trade and technological progress; (b) prepare recommendations) explanations, develop principles for classification and other instruktīvo materials, which provide the harmonized system; c) prepare recommendations for the interpretation of the harmonized system and single use; d) collects and disseminates information on the use of the harmonized system; e) on its own initiative or at the request of a Committee for the atdzīs, if necessary, provide information and recommendations to the Contracting Parties, the Member States of the Council, as well as intergovernmental or other international organizations on any matter relating to the classification of goods in the harmonized system; f) in every session of the Council shall report on its activities, including proposed amendments, explanatory notes, classification principles and recommendations; g) shall exercise all other rights and functions relating to the harmonized system and where the Council or the contractual partners shall deem necessary. 2. the budget relating to the Harmonized System Committee of administrative decisions, which require the budget appropriations must be approved by the Council.   Article 8 1 of Council role. The Governing Council shall review the harmonised system Committee to prepare proposals for amendments to the Convention and in accordance with the procedure laid down in article 16. recommending the Contracting Parties, unless any Council Member which is a party to the Convention, does not require that the proposals or any part thereof to be given to the Committee for further consideration. 2. The Harmonized System Committee sessions under article 7(1) to prepare explanations, principles of classification and other recommendations that provide understanding of the harmonized system, as well as recommendations on the uniform interpretation of the harmonized system and the use of considered, if approved by the Council during the two months since the closing of the session, none of the Contracting Parties to this Convention have not officially informed the Secretary-General about this issue to reconsider the Council. 3. If the question is submitted to the Council in accordance with paragraph 2 of this article, the Council shall approve the terms explanations, principles of classification, other advice or recommendations, if one of the members of the Council who are not party to this Convention requests that they be fully or partially returned to the Committee for further consideration.   Article 9 of the customs duty rates for contractual partners shall in accordance with this Convention shall not accept any liability concerning customs duties rates.   Article 10 settlement of disputes 1. any dispute between the Contracting Parties concerning the interpretation or application of this Convention to the extent possible will be resolved through negotiations. 2. Disputes which cannot be adjusted in this manner, the Parties shall submit the dispute to the Harmonized System Committee which shall promptly examine the controversial question and gives recommendations for resolving it. 3. If the Harmonized System Committee is unable to resolve the dispute, it can submit to the Council, which shall make a recommendation, in accordance with the Convention on the establishment of the Council III. e) article. 4. The parties to the dispute may agree in advance that the recommendations of the Committee or the Council are bound by them.   Article 11 the right to become a party to this Convention may become Contracting Parties: (a) countries – Council member); (b) a customs or economic Union), which has been the responsibility of concluding contracts for some or all matters governed by this Convention; (c) any other State), which the Secretary-General of the Council shall be sent an invitation.   Article 12 procedures required to become a party to Any of the requirements under 1 State and a customs or economic Union may become a Contracting Party to this Convention: (a) signature without notes) of ratification; (b) ratification of the document) after the signing of the Convention subject to ratification; c) by acceding to it after the Convention has ceased to be open for signature. 2. this Convention until 1986 December 31 Council headquarters in Brussels can sign referred to in article 11, the States and customs or economic unions. After that date, the Convention is open to the countries that want to join it. 3. instruments of ratification or accession are submitted to the Secretary-General.  Article 13 entry into force 1 this Convention shall enter into force on the first of January, during a period of at least 12 months but not more than twenty-four months after at least seventeen of article 11 countries and customs or economic unions have signed it without notes on the ratification of or submitted their instruments of ratification or accession, but not before January 1, 1987. 2. For any State Customs or economic Union, which signed the Convention without the notes of ratification, ratification by or acceded to it by paragraph 1 of this article, the required minimum number, this Convention shall enter into force on the first of the year in January, a period of at least 12 months but not more than twenty-four months after it has signed the Convention without the notes of ratification or deposits its instruments of ratification or accession unless there is agreement on the earlier date. However, the date of entry into force in accordance with the conditions of this paragraph may not be earlier than the date provided for in paragraph 1 of this article.  Article 14 of the Convention, the use of independent territories 1. every country at the moment when it becomes a party to this Convention, or at any time after the Secretary-General submitted official notification, and informs that the Convention applies to all or any of this communication named the territories for the international relations of which that State is responsible. This legal notice shall enter into force on the first of the year in January, a period of at least 12 months but not more than twenty-four months, since the Secretary-General of the notification, unless there is agreement on the earlier date. However, in these areas the Convention can enter into force not earlier than in the country concerned. 2. the operation of this Convention the territory in question shall expire on the date on which the contractual partners shall cease to be responsible for the international relations of that territory, or earlier, which should be notified to the procedure laid down in article 15 of the Secretary-General.   Article 15 denunciation This Convention is open-ended. However, either of the Contracting Parties may denounce it; denunciation shall take effect one year after the Secretary-General of the instrument of denunciation, if it does not specify a later time.   Article 16 procedure for the implementation of the corrections 1. the Council may recommend to the Contracting Parties to this Convention, make corrections. 2. any party may notify the Secretary-General officially objections to proposed amendments and then withdraw these objections within the time limit laid down in paragraph 3 of this article. 3. The proposed amendment shall be considered accepted after six months, since the Secretary-General officially announced it, if this time do not express any objections. 4. Accepted amendments relating to all the Contracting Parties shall enter into force on the following time limits: (a) if the correction) is officially announced to the first April — from the first of January of the following year year of notification: b) if the suggested correction is officially announced April 1 or after, from the first of January of the third year from the moment of that notification. 5. Each the assessment of the statistical nomenclature and customs tariff nomenclature or article 3 1 c) for combined tariff and statistical nomenclatures shall be structured according to the Harmonized System to complement the time limit set in paragraph 4 of this article. 6. Any State, a customs or economic Union signing this Convention without reservation of ratification, ratifying or acceding to this Convention, shall be deemed accepted by any amendments to this Convention that have entered into force, or in accordance with paragraph 3 of this article are taken on the date when the State becomes a party.   Article 17 of the law of Līgumslēdzējpuš relating to the harmonized system in all matters relating to the harmonized system, paragraph 4 of article 6, article 8 and article 16, paragraph 2 each Contracting Party provides for the following rights: (a)) for all sections of the harmonized system, which it uses in accordance with the provisions of this Convention; b) until the date when this Convention becomes binding with respect to all sections of the harmonized system which it is to be used at a given date in accordance with the provisions of article 13; (c)) for all sections of the harmonized system, provided that it is officially committed to the use of the harmonized system six full three years in accordance with article 4 and point 5 of article 4.   Article 18 reservations to this Convention is not allowed for any comments, clarifications.   Article 19 notifications the Secretary General the Secretary General, the official shall inform the official assessment, other countries which have signed the Convention, the members of the Council of State, which is not a Contracting Party to this Convention, and the Secretary-General of the United Nations of: a) for official statements received in accordance with article 4; (b) specified in article 12) signed the instruments of ratification and accession; (c)) the date when this Convention enters into force in accordance with article 13; (d) laid down in article 14) official notices; e) denunciation provided for in article 15; f) amendments to this Convention in accordance with article 16; g) objections to the amendments proposed in accordance with article 16, as well as on possible revocation; h) for amendments, adopted pursuant to article 16, as well as on the date of their entry into force.   Article 20 the registration by the United Nations at the request of the Secretary-General of the Council, this Convention shall be registered with the Secretariat of the United Nations under the Charter of the United Nations to the requirements of article 102. Affirming it, lower the authorised signatories have signed this Convention. Adopted in Brussels on 14 June 1983, English and French languages, both texts are completely authentic, in a single copy which shall be deposited in the Council to the Secretary-General, who approved this document, send copies to all specified in article 11 countries and customs or economic unions.