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RS 0.142.111.636 Provisional Convention of 30 April 1947 between the Swiss Confederation and the Republic of Austria concerning the professional activity of commercial travellers and the customs processing of samples of goods

Original Language Title: RS 0.142.111.636 Convention provisoire du 30 avril 1947 entre la Confédération suisse et la République d’Autriche concernant l’activité professionnelle des voyageurs de commerce et le traitement en douane des échantillons de marchandises

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0.142.111.636

Translation of the original German text 1

Provisional Convention

Between Switzerland and the Republic of Austria
Concerning the professional activity of commercial travellers
And the customs processing of samples of goods

Cited on April 30, 1947
Entered into force on 25 February 1948

The Swiss Federal Council and the Government of the Republic of Austria have agreed as follows:

Art. 1 Business Activity of Trade Travellers

(1) Vendors, manufacturers and other craftsmen, as well as commercial travellers to their service, who, according to Article 10, 7 E Paragraph, of the International Convention of 3 November 1923 1 For the simplification of customs formalities, shall be in possession of the credit card issued by the competent authority of the State in which the undertaking concerned has its seat, shall have the right, subject to the requirements of the police Foreign nationals, to take orders or to make purchases for that enterprise, without paying any fees or charges, in the territory of the other State in traders and craftsmen or companies, administrations and private establishments or Public of any kind who resell the offered goods or use them in a manner In their operation.

(2) The above provisions shall not apply to hawkers and itinerant traders, nor to the taking of orders from individuals and farmers; the Contracting Parties shall reserve their full freedom in respect of their Legislation.

(3) Vendors or craftsmen with the aforementioned legitimation card and commercial travellers to their service shall have the right to take with them samples of goods or models, but not of the goods.

(4) The Contracting Parties shall communicate each other the formulae for the legitimation card referred to in the first paragraph of this Article and the competent authorities for issuing such documents. A consular or other visa is not required for these legitimation cards.


Art. 2 Customs processing of samples of goods and models

(1) Samples and models of goods that are dutiable (with the exception of beverages and tobacco) may be released with the following conditions:

A.
For customs duties and other charges, a guarantee may be required in the form of a deposit of cash or a customs guarantee,
B .
The identification of samples should not present any particular difficulties;
C.
It shall be submitted to the customs office of both countries a duplicate list of samples or models, indicating the species and net weight of each object and the existing distinctive signs;
D.
The requirements for the authorization of imports and exports of goods must be observed;
E.
Samples or models will be re-imported or re-exported within one year.

(2) The distinguishing marks affixed to samples or models by the customs authorities of one of the States shall be recognised by the customs authorities of the other State, if they are regarded as proof of sufficient identity.

(3) Samples of food sent to the competent public offices for the food of the people may be relieved of the condition of re-exportation.

(4) Discharge of catches in respect of re-exportation or re-importation shall be carried out by all the customs offices invested in that jurisdiction.

(5) Where samples of goods or models are not re-exported within the prescribed time limit, the necessary entry permits shall be subsequently submitted. Likewise, the requirements concerning the system of payments between the two States remain reserved.

(6) The provisions governing the samples of goods shall also apply to goods (except foodstuffs) brought to the markets or fairs of one of the two States. For these goods, however, re-importation or re-exportation is not rigorous.

(7) Articles of precious metal which commercial travellers import, with a note at the entrance and guaranteeing the rights, simply as samples for demonstrations and which must therefore not enter the free circulation, Are, upon request and with appropriate security rights, exempt from the official control of precious metals and the requirement of punching. If these works are not re-exported within the prescribed period, the guaranteed rights become payable.

Art. 3 Most-Favoured-Nation Treatment

As regards the simplification of customs formalities in the processing of samples of goods during import and re-export, as well as in any other subject matter covered by Art. 1 and 2, the contracting parties guarantee each other the most-favoured-nation treatment.

Art. 4 Final provisions

This provisional agreement shall enter into force after ratification by both Governments.

It can be denounced for the first of every month, on notice given three months in advance.

In Faith What, The Plenipotentiaries have signed this provisional agreement.

Done in duplicate at St-Gall, April 30, 1947.


Widmer

Stangelberger


RO 1948 204


1 The original text is published, under the same number, in the German edition of this compendium.


Status on 10 June 1997