Key Benefits:
Original text
(Status on 12 August 2015)
Contracting Parties to this Convention, prepared under the auspices of the Customs Cooperation Council,
Finding that the current situation of the proliferation and dispersion of the International Customs Conventions on temporary admission is unsatisfactory,
Whereas this situation could be further aggravated in the future when new cases of temporary admission are subject to international regulation,
Taking into account the wishes expressed by trade representatives and other interested circles who wish to facilitate the completion of the formalities relating to temporary admission,
Whereas the simplification and harmonisation of customs regimes, and in particular the adoption of a single international instrument which would encompass all existing Conventions on temporary admission, may facilitate Users access to existing international provisions on temporary admission and contribute effectively to the development of international trade and other forms of international trade,
Convinced that an international instrument proposing uniform provisions on temporary admission can bring substantial benefits to international trade and ensure a higher degree of simplification and harmonization of Customs arrangements, which constitute Fun of the essential objectives of the Customs Cooperation Council,
Decided to facilitate temporary admission by simplifying and harmonizing procedures by pursuing economic, humanitarian, cultural, social or tourist objectives,
Whereas the adoption of standardised models of temporary admission qualifications, as international customs documents with an international guarantee, contributes to the facilitation of the temporary admission procedure when a document Customs and security are required,
Agreed to the following:
For the purposes of this Convention:
1 RS 0.631.121.2
Each Contracting Party undertakes to grant temporary admission, under the conditions provided for in this Convention, to the goods (including means of transport) which are the subject of the Annexes to this Convention.
(2) Without prejudice to the provisions of Annex E, temporary admission shall be granted in full suspension of import duties and taxes and without the application of prohibitions or restrictions on the importation of economic character.
Each Annex to this Convention shall in principle consist of:
Unless otherwise provided in an Annex, each Contracting Party shall have the right to order the temporary admission of goods (including means of transport), the production of a customs document and the establishment of a guarantee.
2. Where, in accordance with the provisions of s. 1 above, a guarantee is required, persons who normally carry out temporary admission operations may be authorised to constitute a comprehensive guarantee.
3. Save as otherwise provided for in an Annex, the amount of the guarantee shall not exceed the amount of the import duties and taxes whose collection is suspended.
4. In the case of goods (including means of transport), subject to import prohibitions or restrictions resulting from national laws and regulations, a supplementary guarantee may be required under the conditions laid down by the National legislation.
Without prejudice to the temporary entry operations of Annex E, each Contracting Party shall accept, instead of its national customs documents and as a guarantee of the amounts referred to in Art. 8 of Annex A, any temporary admission valid for its territory issued and used under the conditions laid down in the said Annex for goods (including means of transport), imported temporarily in application of the Other Annexes to this Convention that it would have accepted.
Each Contracting Party may make the temporary admission of the goods (including transport) subject to the condition that they are likely to be identified during the clearance of the temporary admission.
1. Goods (including means of transport), placed on temporary admission, shall be re-exported within a specified period of time deemed sufficient for the purpose of temporary admission to be met. This time limit is stipulated separately in each Annex.
2. The customs authorities may, either grant a longer period than the one provided for in each Annex, or extend the initial period.
3. Where goods (including means of transport), placed on temporary admission, cannot be re-exported as a result of seizure and that seizure has not been made at the request of individuals, the obligation to re-export shall be Suspended for the duration of the seizure.
Each Contracting Party may, upon request, authorize the transfer of the benefit of the temporary admission regime to any other person, where:
The normal clearance of temporary admission is obtained by re-exportation of the goods (including means of transport), placed on temporary admission.
Goods (including means of transport), on temporary admission, may be re-exported in one or more consignments.
Goods (including means of transport) on temporary admission may be re-exported by a customs office different from that of import.
The clearance of temporary admission may be obtained with the agreement of the competent authorities by the placing of the goods (including means of transport), in free ports or free zones, in customs warehousing or under the Customs transit, for the purpose of their subsequent exportation or of any other acceptable destination.
The clearance of temporary admission may be obtained by consumption, where the circumstances justify it and the national law permits it, provided that the conditions and formalities applicable in This case.
The clearance of temporary admission may be obtained if the goods (including means of transport), which have been severely damaged by accident or force majeure, are, according to the decision of the customs authorities:
2. The clearance of temporary admission may also be obtained if, at the request of the person concerned and according to the decision of the customs authorities, the goods (including means of transport), receive one of the destinations provided for in subparagraphs (b) Or (c) of paragraph 1 above.
3. The clearance of temporary admission may also be obtained at the request of the person concerned if he justifies the destruction or total loss of the goods (including means of transport) by the customs authorities, by Accident or force majeure. In this case, the beneficiary of the temporary admission will be exempt from the payment of duties and taxes on importation.
Each Contracting Party shall minimize the customs formalities relating to the facilities provided for in this Convention and shall publish, as soon as possible, the regulations made by it concerning those formalities.
1. Where temporary admission is subject to prior authorisation, it shall be granted by the competent customs office as soon as possible.
2. Where, in exceptional cases, a non-customs authorisation is required, it shall be granted as soon as possible.
The provisions of this Convention shall establish minimum facilitations and shall not preclude the application of greater facilities which Contracting Parties shall accord or grant, either through unilateral provisions, or by Bilateral or multilateral agreements.
For the purposes of this Convention, the territories of the Contracting Parties forming a customs or economic union may be regarded as a single territory.
2. Nothing in this Convention shall exclude the right of Contracting Parties which form a Customs Union or Economic Union to provide for special rules applicable to temporary entry operations in the territory of that Contracting Party. Union, provided that such rules do not diminish the facilities provided for in this Convention.
The provisions of this Convention shall not preclude the application of prohibitions and restrictions deriving from national laws and regulations and based on non-economic considerations such as considerations of Public safety, public safety, health or public health, or on veterinary or phytosanitary considerations relating to the protection of endangered or threatened species of wild fauna and flora Relating to the protection of copyright and industrial property.
(1) Any infringement of the provisions of this Convention shall expose the offender, in the territory of the Contracting Party where the offence has been committed, to the penalties provided for in the law of that Contracting Party.
(2) Where it is not possible to determine the territory on which an irregularity has been committed, it shall be deemed to have been committed in the territory of the Contracting Party in which it was found.
The Contracting Parties shall provide each other, upon request and to the extent permitted by national law, with the information necessary for the application of the provisions of this Convention.
All the formalities necessary for the implementation of the provisions of this Convention may be completed by electronic means using electronic data processing techniques approved by the Contracting Parties.
1 Introduced by the mod. The Management Committee of the Conv. Of 26 March 2013, in force for Switzerland since 3 Nov 2014 ( RO 2014 3215 ).
1. A Management Committee shall be established to review the implementation of this Convention and to consider any measures intended to ensure uniform interpretation and application of this Convention and any proposed amendments. It shall decide on the inclusion of new Annexes to this Convention.
2. The Contracting Parties shall be members of the Management Committee. The Committee may decide that the competent authority of any Member, State or customs territory referred to in Art. 24 of this Convention which is not a Contracting Party or representatives of international organizations may, for matters affecting them, attend the sessions of the Committee as observers.
The Council shall provide the Committee with the necessary secretariat services.
The Committee shall, on the occasion of each session, proceed to the election of its Chairperson and Vice-Chairperson.
The competent administrations of the Contracting Parties shall communicate to the Council reasoned proposals for amendments to this Convention, as well as requests for the inclusion of items on the agenda of the sessions of the Committee. The Council shall bring such communications to the attention of the competent authorities of the Contracting Parties and of the members, States or customs territories referred to in Art. 24 of this Convention, which are not Contracting Parties.
The Council shall convene the Committee on a date fixed by the Committee and also at the request of the competent administrations of at least two Contracting Parties. It shall circulate the draft agenda to the competent authorities of the Contracting Parties and to the Members, States or customs territories referred to in Art. 24 of this Convention, which are not Contracting Parties, at least six weeks before the session of the Committee.
7. By decision of the Committee, taken under the provisions of s. 2 of this Article, the Council shall invite the competent administrations of the Members, States or customs territories referred to in Art. 24 of this Convention, which are not Contracting Parties, as well as interested international organizations, to be represented by observers at the sessions of the Committee.
8. Proposals shall be put to the vote. Each Contracting Party represented at the meeting shall have one vote. Proposals other than proposals for amendments to this Convention shall be adopted by the Committee by a majority of the votes cast by the Members present and voting. Proposals for amendments to this Convention shall be adopted by a two-thirds majority of the votes cast by the Members present and voting.
9. In the case of application of s. 24 para. 7 of this Convention, the customs or economic Unions Parties to the Convention shall have in the event of a vote only a number of votes equal to the total number of votes attributable to their Members who are Contracting Parties to this Convention.
The Committee shall adopt a report before the end of its session.
In the absence of any relevant provisions in this Article, the rules of procedure of the Council shall be applicable in the appropriate cases, unless the Committee decides otherwise.
1. Any dispute between two or more Contracting Parties in respect of the interpretation or application of this Convention shall be settled, as far as possible, through direct negotiations between the Parties.
2. Any dispute that is not settled by direct negotiation shall be brought by the Parties to the dispute before the Management Committee which shall review it and make recommendations for its settlement.
The Parties to the dispute may agree in advance to accept the recommendations of the Management Committee.
1. Any Member of the Council and any Member of the United Nations or its specialized agencies may become a Contracting Party to this Convention:
(2) This Convention shall be open for signature by the Members referred to in s. 1 of this Article, either at the sessions of the Council during which it has been adopted, or thereafter at the seat of the Council in Brussels, until 30 June 1991. After that date, the Convention will be open for accession by these Members.
(3) Any State or Government in any separate customs territory, which is proposed by a Contracting Party which is officially responsible for the conduct of its diplomatic relations but which is autonomous in the conduct of its trade relations, not Member of the organizations referred to in par. 1 of this Article, to which an invitation is addressed to that effect by the depositary on the request of the Management Committee, may become a Contracting Party to this Convention by acceding to it after its entry into force.
4. Any Member, State or customs territory referred to in s. 1 or 3 of this Article specifies, at the time of signature without reservation of ratification, to ratify or accede to this Convention, the Annexes which it accepts, on the understanding that it shall accept Annex A and at least one other Annex. It may subsequently notify the depositary that it accepts one or more other Annexes.
(5) Contracting Parties which accept any new Annex which the Management Committee decides to incorporate into this Convention shall notify the depositary to the depositary in accordance with par. 4 of this article.
(6) The Contracting Parties shall notify the depositary of the conditions of application or of the information required under Art. 8 and art. 24, para. 7 of this Convention, of Art. 2, para. 2 and 3 of Annex A, and Article 4 of Annex E. They shall also notify any changes in the application of those provisions.
7. Any customs or economic union may, in accordance with the provisions of s. 1, 2 and 4 of this Article, to become a Contracting Party to this Convention. Such a customs or economic union shall inform the depositary of its competence in relation to the matters covered by this Convention. This Customs or Economic Union Contracting Party to this Convention shall exercise, in respect of matters within its competence, in its own name, the rights and perform the responsibilities conferred on its members by this Convention Which are Contracting Parties to this Convention. In such cases, these Members shall not be entitled to exercise such rights individually, including the right to vote.
(1) This Convention, all signatures with or without reservation of ratification and all instruments of ratification or accession shall be deposited with the Secretary-General of the Council.
2. Depositary:
Where a discrepancy arises between a Contracting Party and the depositary in respect of the performance of the functions of the latter, the depositary or that Party shall bring the matter to the attention of the other Contracting Parties and Or, where appropriate, to the Council.
(1) This Convention shall enter into force three months after five of the Members or of the customs or economic Unions referred to in Art. 24, para. 1 and 7 of this Convention have signed this Convention without reservation as to ratification or have deposited their instruments of ratification or accession.
(2) In respect of any Contracting Party which signs this Convention without reservation of ratification, which ratifies or accedes thereto, after five Members or Customs or Economic Unions have either signed the Convention without reservation of ratification, Be deposited their instrument of ratification or accession, this Convention shall enter into force three months after the said Contracting Party has signed without reservation of ratification or deposited its instrument of ratification or accession.
(3) Any Annex to this Convention shall enter into force three months after five Members or Customs or Economic Unions have accepted the said Annex.
(4) In respect of any Contracting Party which accepts an Annex after five Members or Customs or Economic Unions have accepted it, that Annex shall enter into force three months after that Contracting Party has notified its acceptance. However, no Annex shall enter into force in respect of a Contracting Party before the Convention enters into force in respect of that Contracting Party.
On the entry into force of an Annex to this Convention with a repeal provision, this Annex shall repeal and replace the Conventions or provisions of the Conventions which are the subject of the repealed provision, in relations Between the Contracting Parties having accepted the said Annex and which are Contracting Parties to the said Conventions.
For the purposes of this Convention, the Annexes in force in respect of a Contracting Party shall form an integral part of the Convention; in respect of that Contracting Party, any reference to the Convention shall therefore also apply to These Annexes.
2. For the purposes of voting in the Management Committee, each Annex shall be considered to constitute a separate Convention.
(1) Each Contracting Party which accepts an Annex shall be deemed to accept all the provisions set out in that Annex, unless it notifies the depositary at the time of acceptance of the Annex or subsequently the provision (s) To the extent that this possibility is provided for in the Annex in question, indicating the differences between the provisions of its national legislation and the provisions in question.
(2) Each Contracting Party shall examine, at least every five years, the provisions on which it has formulated reservations, compare it to the provisions of its national law and notify the depositary of the results of that examination.
(3) Any Contracting Party which has formulated reservations may, at any time, remove them, in whole or in part, by notification to the depositary by indicating the date on which those reservations are removed.
(1) Any Contracting Party may, at the time of signature without reservation as to ratification, ratification or accession, or at a later date, notify the depositary that this Convention extends to all or some of the territories Whose international relations are under its responsibility. Such notification shall take effect three months after the date on which the depositary receives it. However, the Convention may not become applicable to the territories designated in the notification before it has entered into force in respect of the Contracting Party concerned.
(2) Any Contracting Party having, pursuant to s. 1 of this Article, notified that this Convention extends to a territory whose international relations are placed under its responsibility, may notify the depositary under the conditions laid down in Art. 31 of this Convention, that the Territory shall cease to apply the Convention.
1. This Convention shall be concluded for an unlimited period. However, any Contracting Party may denounce it at any time after the date of its entry into force, as set out in Art. 26 of this Convention.
(2) The denunciation shall be notified by a written instrument deposited with the depositary.
(3) Denunciation shall take effect six months after the receipt of the instrument of termination by the depositary.
4. The provisions of s. 2 and 3 of this Article shall also apply in respect of the Annexes to the Convention, any Contracting Party which may, at any time after the date of its entry into force, as laid down in Art. 26 of this Convention, withdraw its acceptance of one or more Annexes. The Contracting Party withdrawing its acceptance of all Annexes shall be deemed to have denounced the Convention. In addition, a Contracting Party which withdraws its acceptance of Annex A, even if it continues to accept the other Annexes, is deemed to have denounced the Convention.
1. The Management Committee, meeting under the conditions laid down in Art. 22 of this Convention, may recommend amendments to this Convention and its Annexes.
2. The text of any amendment so recommended shall be communicated by the depositary to the Contracting Parties to this Convention, to the other signatories and to the Members of the Council which are not Contracting Parties to this Convention.
3. Any recommendation for amendment communicated in accordance with the preceding paragraph shall enter into force for all Contracting Parties within six months of the expiration of the twelve-month period following the date of the Communication of the recommendation for amendment, if no objection to the said amendment has been notified to the depositary by a Contracting Party during that period.
4. If an objection to the recommendation for amendment has been notified to the depositary by a Contracting Party before the expiration of the twelve-month period referred to in par. 3 of this Article, the amendment shall be deemed not to have been accepted and shall have no effect.
5. For the purpose of notification of an objection, each Annex shall be considered to constitute a separate Convention.
(1) Any Contracting Party ratifying or acceding to this Convention shall be deemed to have accepted the amendments which entered into force on the date of deposit of its instrument of ratification or accession.
(2) Any Contracting Party which accepts an Annex shall be deemed, unless it formulates reservations in accordance with the provisions of Art. 29 of this Convention, have accepted the amendments to this Annex which entered into force on the date on which it notifies its acceptance to the depositary.
In accordance with Art. 102 of the United Nations Charter 1 , this Convention shall be registered with the United Nations Secretariat at the request of the depositary.
In witness whereof, The undersigned, duly authorized, have signed this Convention.
Done at Istanbul, the twenty-six June thousand nine hundred and ninety in a single original in English and French, both texts being equally authentic. The depositary shall be invited to establish and disseminate authoritative translations of this Convention in Arabic, Chinese, Spanish and Russian.
(Suivent signatures)
For the purposes of this Annex:
(1) Each Contracting Party shall accept, in place of its national customs documents and as a guarantee of the amounts referred to in Art. 8 of this Schedule and the conditions of s. 5 of this Convention, any temporary entry title valid for its territory granted and used under the conditions laid down in this Annex for goods (including means of transport), temporarily imported into Application of the other Annexes to this Convention which it would have accepted.
(2) Each Contracting Party may also accept any temporary admission, issued and used under the same conditions, for temporary entry operations carried out under its national laws and regulations.
(3) Each Contracting Party may accept for the customs transit any temporary admission issued and used under the same conditions.
4. Goods (including means of transport), to be manufactured or repaired, cannot be imported under the cover of a temporary admission.
1. The temporary admission titles shall conform to the models set out in the Appendices to this Annex, the ATA Carnet in Appendix I, the CPD Book in Appendix II.
2. The Appendices to this Annex shall be considered as an integral part thereof.
1. Under the conditions and guarantees that it will determine, each Contracting Party may authorize guaranteeing associations to be guarantor and to issue temporary admission qualifications, either directly or through associations Emitter.
2. A guaranteeing association may be approved by a Contracting Party only if its guarantee extends to the responsibilities incurred in that Contracting Party on the occasion of operations under the cover of temporary admission securities issued by Matching issuing associations.
1. Issuing associations may not issue temporary admission securities whose validity exceeds one year from the date of issue.
2. Any amendment to the indications for temporary admission by the issuing association must be duly approved by this association or by the guaranteeing association. No amendment shall be permitted after the acceptance of the securities by the customs authorities of the territory of temporary entry without the consent of those authorities.
3. No goods may, after the issuance of the ATA Carnet, be added to the list of goods listed on the back of the cover of the carnet and, where applicable, the additional sheets attached (general list).
On the temporary admission title must be shown:
The time limit for the re-export of goods (including means of transport), imported under the cover of a temporary admission title, shall in no case exceed the period of validity of that title.
(1) Each guaranteeing association shall guarantee to the customs authorities of the Contracting Party in whose territory it has its registered office, the payment of the amount of the import duties and taxes and the other amounts owing except those Under s. 4, para. 4, of this Convention in the event of non-observance of the conditions laid down for the temporary admission or transit of goods, including means of transport, entered in that territory under the guise of an admission title Temporary issued by a corresponding Issuing Association. It shall be held jointly and severally with the persons liable for the sums referred to above for the payment of such sums.
2. ATA Carnet
The guaranteeing association shall not be required to pay more than ten per cent more than the amount of import duties and taxes.
CPD Carnet
The guaranteeing association shall not be required to pay a sum greater than the amount of the import duties and taxes, which may be increased by the interest of late.
3. Where the customs authorities of the temporary admission territory have unloaded a temporary entry title for certain goods (including means of transport), they can no longer claim to the guaranteeing association, in In respect of such goods (including means of transport), the payment of the amounts referred to in s. 1 of this article. However, a claim for security may still be made to the guaranteeing association if it is subsequently found that the discharge has been obtained irregularly or fraudulently or that there has been a breach of the conditions to which admission Temporary or customs transit were subordinate.
4. ATA Carnet
The customs authorities may not require in any case the association guaranteeing payment of the sums referred to in paragraph 1 of this Article if the claim has not been made to that association within one year from the date of the Expiration of ATA Carnet.
CPD Carnet
The customs authorities may not, under any circumstances, require the guaranteeing association to pay the sums referred to in s. 1 of this Article if notification of the non-discharge of the CPD carnet has not been given to the guaranteeing association within one year from the expiry date of the validity of the carnet. The customs authorities shall provide the guaranteeing association with information on the calculation of import duties and taxes within one year from the notification of the non-discharge. The liability of the guaranteeing association for these amounts will end if the information is not provided within one year.
1. ATA Carnet
2. CPD Carnet
1. Evidence of re-exportation of goods (including means of transport), imported under the cover of a temporary admission title, is provided by the re-export strain of this duly completed title and on which the stamp of the authorities Customs of the territory of temporary admission has been affixed.
2. If it has not been certified that the re-export took place in accordance with paragraph 1 of this Article, the customs authorities of the territory of temporary admission may accept as proof of re-exportation, even after expiry of the title Temporary admission:
3. In the event that the customs authorities of a Contracting Party provide for the re-export of certain goods (including means of transport), admitted to their territory under the cover of a temporary admission title, the guaranteeing association Is discharged from its obligations only when these authorities have certified on the security itself that the situation of these goods (including means of transport) has been regularised.
In the cases referred to in s. 10, para. 2, of this Annex, the customs authorities reserve the right to collect a regularization fee.
Visas for temporary admission instruments used under the conditions laid down in this Annex shall not be subject to payment of remuneration for customs services when such operation is carried out in the customs offices and During normal business hours.
In the event of the destruction, loss or theft of a temporary entry title relating to goods (including means of transport), which are in the territory of one of the Contracting Parties, the customs authorities of that Party Shall, at the request of the issuing association and subject to such conditions as these authorities impose, accept a replacement title whose validity expires on the same date as the title of the replaced title.
1. Where the temporary admission operation is expected to exceed the period of validity of a temporary admission title, the holder of that title is not in a position to re-export the goods (including means of transport) within that period, The issuing association of that title may issue a replacement title. The latter shall be subject to the control of the customs authorities of the Contracting Parties concerned. Upon acceptance of the replacement title, the customs authorities concerned shall discharge the replaced title.
2. The validity of CPD books may be extended only once for a period not exceeding one year. After this period, a new carnet must be issued in replacement of the previous one and accepted by the customs authorities.
Where s. 7, para. 3, of this Convention shall apply, the customs authorities shall notify as far as possible to the guaranteeing association the seizures made by them or their request on goods (including means of transport) placed under the Covered by a temporary admission title guaranteed by this association and inform them of the measures they intend to adopt.
In the event of fraud, contravention or abuse, Contracting Parties shall have the right, notwithstanding the provisions of this Annex, to bring proceedings against persons using a temporary entry title to recover the rights and Import taxes and other amounts owing, as well as to request penalties for which these persons would be liable. In this case, the associations must assist the customs authorities.
It shall be admitted for the benefit of the exemption of import duties and taxes and shall not be subject to any prohibition or import restriction, temporary admission or parts thereof issued or intended to be issued in the Territory of importation of the said securities and which are sent to the issuing associations by a guaranteeing association, by an international organization or by the customs authorities of a Contracting Party. Similar facilities are granted for export.
(1) Contracting Parties may make a reservation in accordance with the conditions laid down in Art. 29 of this Convention, with regard to the acceptance of ATA carnets for postal traffic.
2. No other reservation to this Annex shall be permitted.
1. On its entry into force, this Annex, in accordance with the provisions of Art. 27 of this Convention, shall repeal and replace the Customs Convention on the ATA Carnet for the Temporary Admission of Goods, Brussels, 6 December 1961 1 , in the relations between the Contracting Parties having accepted the said Annex and which are Contracting Parties to the said Convention.
2. Notwithstanding the provisions of s. 1 of this Article, ATA logs having been issued pursuant to the Customs Convention on the ATA Carnet for the Temporary Admission of Goods, 1961, prior to the entry into force of this Annex, shall be accepted until The performance of the operations for which they were issued.
1 RS 0.631.244.57
Appendix I to Annex A
The ATA Carnet is printed in English or French and, if necessary, in a second language.
The dimensions of the ATA Carnet are 396 × 210 mm and the dimensions 297 × 210 mm.
The ATA carnet shall be printed in English or French and may also be printed in a second language.
The size of the ATA carnet shall be 396 × 210 mm and that of the vouchers 297 × 210 mm.
Appendix II to Annex A
All printed copies of the CPD booklet are written in English and French.
The dimensions of the CPD notebook are 21 × 29.7 cm.
The issuing association must include its name on each component and forward the name of the initials of the guarantee chain to which it is affiliated.
The CPD carnet is printed in English and French.
The size of the CPD carnet shall be 21 × 29.7 cm.
The issuing association shall insert its name on each voucher and shall include the initials of the international guaranteeing chain to which it belongs.
For the purposes of this Annex, "demonstration" means:
With the exception of privately held exhibitions in shops or commercial premises for the sale of foreign goods.
1. The benefit of temporary admission in accordance with Art. 2 of this Convention:
2. In order to benefit from the facilities granted by this Annex:
1 RS 0.631.145.141
As long as they enjoy the facilities provided for in this Convention and unless the national legislation of the territory of temporary admission permits, the goods placed on temporary admission may not be:
1. The period for re-exportation of imported goods to be presented or used at an exhibition, fair, convention or similar event shall be at least six months from the date of temporary admission.
2. Notwithstanding the provisions of s. 1 of this Article, the customs authorities shall allow the persons concerned to leave in the territory of temporary admission the goods intended for presentation or use at a subsequent event, provided that they comply with the Provisions of the laws and regulations of that territory and that the goods are re-exported within one year from the date of their temporary admission.
1. Pursuant to the provisions of Art. 13 of this Convention, consumption shall be granted free of import duties and taxes and without the application of prohibitions or restrictions on imports, to the following goods:
2. The provisions of s. 1 of this Article shall not apply to alcoholic beverages, tobacco and fuel.
1. At the import and re-export, the verification and clearance of the goods which are to be or have been presented or used in a demonstration shall be carried out, wherever possible and expedient, on the premises of This event.
(2) Each Contracting Party shall endeavour, in all cases where it deems it useful, taking into account the importance of the event, to open, for a reasonable period of time, a customs office on the premises of the event organized on its Territory.
Products incidentally obtained during the event from goods imported temporarily, on the occasion of the demonstration of machinery or apparatus exposed, shall be subject to the provisions of this Convention.
Each Contracting Party shall have the right to formulate a reservation, in accordance with the conditions laid down in Art. 29 of this Convention, in respect of the provisions of Art. 5, para. 1, para. (a) of this Annex.
On its entry into force, this Annex shall repeal and replace in accordance with Art. 27 of this Convention, the Customs Convention on the facilities granted for the importation of goods intended to be presented or used at an exhibition, fair, congress or similar event, Brussels, 8 June 1961 1 In the relations between the Contracting Parties which have accepted this Annex and who are Contracting Parties to the said Convention.
1 RS 0.631.244.56
For the purposes of this Annex, "professional equipment" means:
Temporary admission in accordance with art. 2 of this Convention:
To be eligible for the facilities granted by this Annex, professional equipment must be provided;
2. Le par. 1 (c) of this Article shall not apply to equipment imported for the production of a film, television programme or audiovisual work, in performance of a contract of co-production to which a person established in the territory Of temporary admission, which is approved by the competent authorities of that territory within the framework of an intergovernmental agreement on co-production.
3. Film, press, broadcasting and television equipment shall not be the subject of a rental contract or a similar contract to which a person established in the territory of temporary admission would be a party, being heard That this condition is not applicable in the case of the implementation of joint broadcasting or television programmes.
1. Temporary admission of broadcast or television production and reporting equipment and vehicles specially adapted for use in broadcast or television reporting and equipment imported by organizations Authorised for this purpose by the customs authorities of the territory of temporary admission shall be granted without requiring a customs document and without a guarantee constitution.
2. The customs authorities may require the submission of a detailed list or inventory of the equipment referred to in s. 1 of this article, accompanied by a written undertaking to re-export.
The period for re-exportation of professional equipment shall be at least twelve months from the date of temporary admission. However, for vehicles, the period of re-export may be fixed taking into account the reason and the foreseeable duration of the stay in the territory of temporary admission.
Each Contracting Party shall have the right to refuse or withdraw the benefit of the temporary admission to vehicles referred to in Appendices I to III of this Annex, which, even on an occasional basis, emit persons for payment or Load goods on its territory to disembark or unload them in a place situated in the same territory.
The Appendices to this Annex are an integral part of this Annex.
On its entry into force, this Annex shall repeal and replace in accordance with Art. 27 of this Convention, the Customs Convention on the Temporary Importation of Professional Material, Brussels, 8 June 1961 1 In the relations between the Contracting Parties which have accepted this Annex and who are Contracting Parties to the said Convention.
1 RS 0.631.244.54
1 Updated according to mod. Approved by the DFF on 20 May 2009 and entered into force for Switzerland on October 3. 2009 ( RO 2010 2141 ).
A. Press equipment, such as:
B. Broadcasting equipment, such as:
C. Television equipment, such as:
D. Vehicles designed or specially adapted for use for the above purposes, such as vehicles for:
A. Equipment, such as:
B. Vehicles designed or specially adapted for use for the above purposes.
A. Equipment for mounting, testing, running, controlling, verifying, maintaining or repairing machinery, installations, transport equipment, etc., such as:
B. Equipment necessary for businessmen, experts in scientific or technical organisation of work, productivity, accounting and persons in similar professions, such as:
C. Materials needed by experts in charge of topographical surveys or geophysical prospecting, such as:
D. Materials needed by experts to combat pollution.
E. Instruments and devices required by physicians, surgeons, veterinarians, midwives, and persons in similar occupations.
F. Materials needed by experts in archaeology, palaeontology, geography, zoology, etc.
G. Materials needed by artists, theatre groups and orchestras, such as all objects used for representation, musical instruments, sets and costumes, etc.
H. Materials needed by speakers to illustrate their presentation.
I. Equipment needed during travel to take photos (cameras of all types, cassettes, posemometers, objectives, feet, accumulators, transmission belts, battery chargers, monitors, equipment Lighting, fashion articles and accessories for models, etc.).
J. Vehicles designed or specially adapted for use for the above purposes, such as ambulatory control stations, workshop cars, laboratory vehicles, etc.
K. Attractions for fairgrounds, provided that the operation or maintenance of such equipment requires techniques and expertise or specialized knowledge.
For the purposes of this Annex:
Temporary admission in accordance with art. 2 of this Convention the following goods imported in the course of a commercial transaction:
The provisions of this Annex shall in no way affect the customs laws of the Contracting Parties applicable when importing goods carried in containers or packagings, or on pallets.
1. In order to benefit from the facilities granted by this Annex:
(2) Each Contracting Party shall have the right not to grant temporary admission to containers, pallets or packagings which have been the subject of a purchase, sale, lease or similar contract, concluded by an established person Or resident on its territory.
1. The temporary admission of containers, pallets and packaging shall be granted without the requirement of a customs document and without a guarantee constitution.
2. In place of a customs document and a guarantee for containers, the beneficiary of the temporary admission may be required to commit in writing:
In place of a customs document and a guarantee for pallets and packaging, the beneficiary of the temporary admission may be required to submit to the customs authorities the written undertaking to re-export them.
4. People who make regular use of the temporary admission scheme are allowed to subscribe to a global commitment.
The period of re-exportation of the imported goods in the course of a commercial operation shall be at least six months from the date of temporary admission.
Each Contracting Party shall have the right to formulate a reservation, in accordance with the conditions laid down in Art. 29 of this Convention, in respect of:
The Appendices to this Annex are an integral part of this Annex.
Upon its entry into force, this Annex shall repeal and replace, in accordance with Art. 27 of this Convention, the following Conventions and provisions:
In the relations between Contracting Parties which have accepted this Annex and who are Contracting Parties to the said Conventions.
1 RS 0.631.250.12
2 RS 0.631.244.53
3 RS 0.631.250.112
4 RS 0.631.244.52
1 Updated according to mod. Approved by DFF on 20 July. 2010 ( RO 2010 4061 ) And by the mod. Approved by the Management Committee of the Conv. On 26 March 2013, in force for Switzerland since 3 Nov 2014 (RO 2014 3217)
1. Goods to be tested, tested, tested or demonstrated.
2. Goods for use in conducting tests, tests, experiments or demonstrations.
3. Impressed and developed cinematographic films, positive and other registered image supports for viewing prior to their commercial use.
4. Films, magnetic tapes, magnetized films and other sound or image supports for sound, dubbing or reproduction.
5. Registered information carriers, sent free of charge and intended for use in the automatic processing of data.
6. Objects (including vehicles) which, by their nature, can only be used to make claims for a particular article or propaganda for a specified purpose.
1. The following indications, registered in a sustainable manner, shall be displayed in an appropriate and visible place on the containers:
2. For containers intended for the transport of goods which are generally intended for maritime use, or for any other container using a standard ISO prefix (i.e., four capital letters ending with a U), The identification of the owner or principal operator and the serial identification number of the container and the self-control number shall conform to the specifications of International Standard ISO 6346 and its annexes.
3. In order for the marks and identification numbers on the containers to be considered to be registered in a durable manner when a plastic sheet is used, the following conditions must be met:
4. The specifications for the use of a plastic sheet for the marking of containers listed in point 3 of this appendix shall not preclude the possibility of using other methods of sustainable marking.
For the purposes of this Annex, "goods imported in the course of a production operation" means:
Temporary admission in accordance with art. 2 of this Convention goods imported as part of a production operation.
In order to benefit from the facilities granted by this Annex:
1. The period of re-exportation of the goods referred to in s. 1, para. 1, of this Annex shall be at least twelve months from the date of temporary admission.
2. The period for the re-export of alternative means of production shall be at least six months from the date of temporary admission.
For the purposes of this Annex:
Temporary admission in accordance with art. 2 of this Convention:
In order to benefit from the facilities granted by this Annex:
The temporary admission of scientific and educational material and welfare equipment for seafarers used on board ships shall be granted without the requirement of a customs document and without a guarantee constitution. Where appropriate, an inventory and a written re-export commitment may be required for scientific and educational material.
The period for re-exportation of imported goods for educational, scientific or cultural purposes shall be at least twelve months from the date of temporary admission.
Each Contracting Party shall have the right to formulate a reservation, in accordance with the conditions laid down in Art. 29 of this Convention, in respect of the provisions of Art. 4 of this Annex with regard to scientific and educational material.
The Appendices to this Annex are an integral part of this Annex.
On its entry into force, this Annex, in accordance with Art. 27 of this Convention, shall repeal and replace the Customs Convention on welfare equipment for seafarers, Brussels, 1 Er December 1964 1 , the Customs Convention on the Temporary Importation of Scientific Material, Brussels, 11 June 1968 2 , and the Customs Convention on the Temporary Importation of Educational Material, Brussels, 8 June 1970 3 In the relations between the Contracting Parties which have accepted this Annex and who are Contracting Parties to the said Conventions.
1 RS 0.631.145.273
2 RS 0.631.242.011
3 RS 0.631.242.012
Goods such as:
For the purposes of this Annex:
Temporary admission in accordance with art. 2 of this Convention personal effects and goods imported for sporting purposes.
In order to benefit from the facilities granted by this Annex:
1. The temporary admission of personal effects shall be granted without the requirement of a customs document and without a guarantee constitution, except for those articles which involve a high amount of import duties and taxes.
2. An inventory of goods and a written undertaking to re-export may, to the extent possible, be accepted for goods imported for sporting purposes instead of a customs document and the establishment of a customs document. Warranty.
The re-export of personal effects shall take place at the latest when the person having imported them leaves the territory of temporary admission.
2. The period for re-exportation of goods imported for sporting purposes shall be at least twelve months from the date of temporary admission.
The Appendices to this Annex are an integral part of this Annex.
On its entry into force, this Annex shall repeal and replace, in accordance with Art. 27 of this Convention, the provisions of Art. 2 and 5 of the Convention on Customs Facilities for Tourism, New York, 4 June 1954 1 In the relations between the Contracting Parties which have accepted this Annex and who are Contracting Parties to the said Convention.
1 RS 0.631.250.21
A. Athletic equipment, such as
B. Equipment for ball games, such as:
C. Winter sports equipment, such as:
D. Clothing, sports footwear and gloves, headgear for sports practice, etc. of any kind
E. Equipment for water sports, such as
F. Vehicles such as cars, motorcycles, boats.
G. Materials for various events, such as:
H. Auxiliary equipment, such as:
For the purposes of this Annex,
"Tourist propaganda material" means goods intended to attract the public to visit a foreign country, in particular to attend meetings or events of a religious, tourist, sporting or professional nature. An illustrative list of this material is provided in the Appendix to this Annex.
Tourist propaganda equipment benefits from temporary admission in accordance with art. 2 of this Convention, except for the equipment referred to in Art. 5 of this Annex for which the exemption from import duties and taxes is granted.
In order to benefit from the facilities granted by this Annex, the tourist propaganda material must belong to a person established outside the temporary admission territory and must be imported in reasonable quantities in the light of his Destination.
The period for re-exportation of tourist propaganda material shall be at least twelve months from the date of temporary admission.
Admission duty free of import duties and taxes shall be granted to the following tourist propaganda material:
The Appendix to this Annex is an integral part of this Annex.
On its entry into force, this Annex shall repeal and replace, in accordance with Art. 27 of this Convention, the Additional Protocol to the Convention on Customs Facilities for Tourism, on the Importation of Documents and Tourist Propaganda Material, New York, 4 June 1954 1 , in the relations between Contracting Parties which have accepted this Annex and who are Contracting Parties to this Protocol.
1 RS 0.631.250.211
For the purposes of this Annex:
Temporary admission in accordance with Art. 2 of this Convention goods imported into border traffic.
In order to benefit from the facilities granted by this Annex:
1. The temporary admission of goods imported into border traffic is granted without requiring a customs document and without a guarantee constitution.
(2) Each Contracting Party may make the benefit of the temporary admission of goods imported into border traffic conditional on the filing of an inventory of those goods as well as a written undertaking to re-export.
3. The benefit of temporary admission may also be granted on the basis of a simple entry in a register deposited at the customs office.
1. The period for re-exportation of goods imported into border traffic shall be at least twelve months from the date of temporary entry.
2. However, equipment for the operation of land is re-exported after the work has been completed.
For the purposes of this Annex:
Temporary admission in accordance with Art. 2 of this Convention goods imported for humanitarian purposes.
In order to benefit from the facilities granted by this Annex:
1. As far as possible, an inventory of the goods and a written re-export commitment must be accepted for the medical/surgical and laboratory equipment instead of a customs document and a guarantee.
2. Temporary admission of relief consignments shall be granted without the requirement of a customs document and without a guarantee constitution. However, the customs authorities may require the filing of an inventory relating to the said goods, as well as a written undertaking to re-export.
1. The period of re-exportation of medical/surgical equipment and laboratory equipment shall be fixed taking into account the needs.
2. The period for re-exportation of relief consignments shall be at least twelve months from the date of temporary admission.
For the purposes of this Annex:
Also considered as normal tanks, tanks adapted to means of transport which permit the direct use of other types of fuel, as well as tanks adapted to other systems of which can be fitted the Means of transport.
Temporary admission in accordance with Art. 2 of this Convention:
Regular maintenance and repair of the means of transport that have become necessary during the journey to or within the territory of temporary admission, and which are made during the period of temporary admission, Do not constitute an amendment within the meaning of Art. 1 (a) of this Convention.
1. Fuels and fuels contained in the normal tanks of the means of transport temporarily imported as well as lubricating oils intended for the normal needs of the said means of transport shall be admitted free of duty and Import taxes and without the application of import prohibitions or restrictions.
2. In the case of commercial motor vehicles, however, each Contracting Party has the right to set maximum limits for the quantities of fuels and fuels which may be admitted free of duty and taxes Importation and without application of import prohibitions or restrictions, on its territory in the normal tanks of the temporarily imported motor vehicle.
In order to benefit from the facilities granted by this Annex:
The temporary admission of means of transport shall be granted without the requirement of a customs document and without a guarantee constitution.
Notwithstanding the provisions of Art. 5 of this Annex:
Each Contracting Party shall have the right to refuse or withdraw the benefit of temporary admission:
The re-export of conveyances for commercial use shall take place upon completion of the transport operations for which they were imported.
2. Private-use means of transport may remain in the territory of temporary admission for a period of continuous or non-continuous duration of six months in each twelve-month period.
Each Contracting Party shall have the right to formulate a reservation, in accordance with the conditions laid down in Art. 29 of this Convention, in respect of:
Upon its entry into force, this Annex shall repeal and replace, in accordance with Art. 27 of this Convention, the Customs Convention on the Temporary Importation of Private Road Vehicles, New York, 4 June 1954 1 , the Customs Convention on the Temporary Importation of Commercial Road Vehicles, Geneva, 18 May 1956 2 , and the Customs Convention on the Temporary Importation for Private Use of Pleasure Craft and Aircraft, Geneva, May 18, 1956 3 In the relations between the Contracting Parties which have accepted this Annex and which are Contracting Parties to the said Conventions.
1 RS 0.631.251.4
2 RS 0.631.252.52
3 RS 0.631.251.7
For the purposes of this Annex:
Temporary admission in accordance with Art. 2 of this Convention the animals imported for the purposes listed in the Appendix to this Annex.
In order to benefit from the facilities granted by this Annex:
1. The temporary admission of the animals referred to in Art. 3 (b) of this Annex or of animals imported for transhumance or grazing on land in the border area shall be granted without the requirement of a customs document and without a guarantee constitution.
(2) Each Contracting Party may make the benefit of the temporary admission of the animals referred to in subs. 1 of this Article, the filing of an inventory and a written undertaking to re-export.
(1) Each Contracting Party shall have the right to formulate a reservation, in accordance with the conditions laid down in Art. 29 of this Convention, in respect of Art. 4, para. 1, of this Annex.
(2) Each Contracting Party shall also have the right to formulate a reservation, in accordance with the conditions laid down in Art. 29 of this Convention, in respect of paragraphs 12 and 13 of the Appendix to this Annex.
The period for re-exportation of animals shall be at least twelve months from the date of temporary admission.
The Appendix to this Annex is an integral part of this Annex.
For the purposes of this Annex:
The temporary entry in partial suspension in accordance with Art. 2 of this Convention the goods referred to in s. (a) Art. 1 of this Annex.
In order to benefit from the facilities granted by this Annex, goods imported in partial suspension must belong to a person established or residing outside the territory of temporary admission.
Each Contracting Party may establish a list of goods admitted or excluded from the benefit of the temporary admission in partial suspension. The contents of this list shall be notified to the depositary of this Convention.
The amount of import duties and taxes payable under this Annex shall not exceed 5 %, per month or fraction of a month during which the goods have been placed under the temporary suspension procedure In part, the amount of duties and taxes which would have been levied on the said goods if they had been put to consumption on the date on which they were placed under the temporary admission procedure.
The amount of import duties and taxes to be collected shall not, under any circumstances, be greater than that which would have been levied in the event of the consumption of the goods concerned on the date on which they were placed under the Temporary admission.
The collection of the amount of import duties and taxes due under this Annex shall be carried out by the competent authorities when the scheme is discharged.
2. Where, in accordance with Art. 13 of this Convention, the clearance of temporary admission shall be obtained by consumption, the amount of the import duties and taxes which may already be levied in respect of the partial suspension shall be deducted from the amount of the duties And import taxes payable for consumption.
The period of re-exportation of the imported goods in partial suspension shall be fixed in accordance with the provisions of Art. 5 and 6 of this Annex.
Each Contracting Party shall have the right to formulate a reservation, in accordance with the conditions laid down in Art. 29 of this Convention, in respect of Art. 2 of this Annex, with regard to the partial suspension of import duties.
States Parties |
Ratification Accession (A) |
Entry into force |
||
South Africa * |
18 May |
2004 A |
August 18 |
2004 |
Albania |
28 May |
2009 |
August 28 |
2009 |
Algeria * |
8 May |
1998 |
8 August |
1998 |
Germany * |
18 June |
1997 |
18 September |
1997 |
Andorra * |
2 September |
1998 A |
2 December |
1998 |
Saudi Arabia |
4 May |
2011 |
August 4 |
2011 |
Australia * |
9 January |
1992 A |
27 November |
1993 |
Austria * |
29 September |
1994 A |
29 December |
1994 |
Bahrain |
May 31 |
2012 A |
August 31 |
2012 |
Belarus * |
7 May |
1998 A |
7 August |
1998 |
Belgium * |
18 June |
1997 |
18 September |
1997 |
Bosnia and Herzegovina |
7 April |
2010 A |
7 July |
2010 |
Brazil |
4 May |
2011 |
August 4 |
2011 |
Bulgaria * |
March 11 |
2003 A |
11 June |
2003 |
Chile * |
3 March |
2004 A |
3 June |
2004 |
China * |
August 27 |
1993 A |
27 November |
1993 |
Cyprus * |
25 October |
2004 A |
25 January |
2005 |
Croatia * |
1 Er March |
1999 A |
1 Er June |
1999 |
Denmark * |
18 June |
1997 |
18 September |
1997 |
United Arab Emirates |
September 14 |
2010 A |
14 December |
2010 |
Spain * |
18 June |
1997 |
18 September |
1997 |
Estonia * |
17 January |
1996 A |
April 17 |
1996 |
Finland * |
18 June |
1997 A |
18 September |
1997 |
France * |
18 June |
1997 |
18 September |
1997 |
Georgia |
1 Er April |
2010 A |
1 Er July |
2010 |
Greece * |
18 June |
1997 A |
18 September |
1997 |
Hong Kong * A |
February 15 |
1995 A |
15 May |
1995 |
Hungary * |
31 January |
2005 |
April 30 |
2005 |
Ireland * |
18 June |
1997 |
18 September |
1997 |
Italy * |
18 June |
1997 |
18 September |
1997 |
Jordan * |
24 June |
1992 A |
27 November |
1993 |
Kazakhstan |
August 21 |
2013 A |
21 November |
2013 |
Latvia * |
July 16 |
1999 A |
October 16 |
1999 |
Liechtenstein * |
11 May |
1995 |
August 11 |
1995 |
Lithuania * |
26 February |
1998 A |
26 May |
1998 |
Luxembourg * |
18 June |
1997 |
18 September |
1997 |
Macedonia * |
April 21 |
2006 A |
July 21 |
2006 |
Madagascar |
2 June |
2008 |
2 September |
2008 |
Mali * |
8 October |
2004 A |
8 January |
2005 |
Malta * |
8 January |
2001 A |
April 8 |
2001 |
Mauritius * |
7 June |
1995 A |
7 September |
1995 |
Moldova |
2 February |
2009 |
2 May |
2009 |
Mongolia * |
5 June |
2003 A |
September 5 |
2003 |
Montenegro |
23 June |
2008 |
23 September |
2008 |
Nigeria * |
10 June |
1993 |
27 November |
1993 |
Oman |
11 January |
2012 A |
April 11 |
2013 |
Pakistan * |
18 May |
2004 |
August 18 |
2004 |
Netherlands * |
18 June |
1997 |
18 September |
1997 |
Poland * |
12 September |
1995 A |
12 December |
1995 |
Portugal * |
18 June |
1997 |
18 September |
1997 |
Qatar * |
10 September |
2014 A |
10 December |
2014 |
Czech Republic * |
24 November |
1999 |
24 February |
2000 |
Romania * |
26 November |
2002 A |
26 February |
2003 |
United Kingdom * |
18 June |
1997 |
18 September |
1997 |
Russia * |
18 April |
1996 A |
18 July |
1996 |
Serbia |
7 July |
2010 A |
7 October |
2010 |
Slovakia * |
22 September |
2000 A |
22 December |
2000 |
Slovenia * |
23 October |
2000 A |
23 January |
2001 |
Sweden * |
18 June |
1997 A |
18 September |
1997 |
Switzerland * |
11 May |
1995 |
August 11 |
1995 |
Tajikistan * |
August 27 |
1997 A |
27 November |
1997 |
Thailand |
5 January |
2007 |
5 January |
2007 |
Trinidad and Tobago |
29 August |
2011 A |
29 November |
2011 |
Turkey * |
15 December |
2004 |
15 March |
2005 |
Ukraine * |
22 June |
2004 A |
22 September |
2004 |
|
18 June |
1997 |
18 September |
1997 |
Zimbabwe * |
17 November |
1992 |
27 November |
1993 |
|
||||
A Customs Administration |
Switzerland has accepted the following annexes with reservations:
The Convention extends its effects to the Principality of Liechtenstein for as long as it is linked to the Swiss Confederation by a treaty of customs union 5 .
1 RO 1995 4683
2 Introduced by the mod. The Management Committee of the Conv. Of 26 March 2013, in force for Switzerland since 3 Nov 2014 ( RO 2014 3215 ).
3 RO 2005 2622 , 2006 2121, 2007 1901, 2012 413, 2015 2929. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).
4 Article 1, para. 1, let. B, of FY 21 7. 1994 (RO 1995 4683).
5 RS 0.631.112.514
6 The scope of the annexes is not published in the RO. It can be found at the World Customs Organization website: http://wcoomdpublications.org or obtained from the Directorate General of Customs, International Affairs Section, 3003 Berne.