Key Benefits:
Original text
(Status on 12 March 2007)
Preamble
The States Parties to this Convention,
Meeting under the auspices of the Customs Co-operation Council and the Contracting Parties to the General Agreement on Tariffs and Trade 2 (GATT) and with the assistance of the United Nations Educational, Scientific and Cultural Organization (UNESCO),
Bearing in mind the wishes expressed by the representatives of international trade and other interested circles who wish to facilitate the completion of the formalities relating to the temporary importation of goods,
Convinced that the adoption of common procedures for the temporary duty-free importation of goods will bring substantial benefits to international, commercial or cultural activities, and will ensure that customs systems are Contracting Parties A higher degree of harmonisation and uniformity,
Have agreed as follows:
For the purposes of this Convention:
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The authorisation of an association issued by the customs authorities, provided for in par. (e) of Article 1 of this Convention may be subject, inter alia, to the condition that the price of the A.T.A. Carnet corresponds to the cost of the services rendered.
1. Each Contracting Party shall accept, at the place and place of its national customs documents and as a guarantee of the sums referred to in Art. 6 of this Convention, all A.T.A. records valid for its territory, issued and used under the conditions laid down in this Convention, for goods imported temporarily in application of:
Provided that it is a Contracting Party to these Conventions.
2. Each Contracting Party may also accept any A.T.A. notebook, issued and used under the same conditions, for goods temporarily imported under other international conventions relating to temporary admission And for temporary entry operations carried out under its national laws and regulations.
3. Each Contracting Party may accept for the transit any A.T.A. Carnet issued and used under the same conditions.
4. Goods subject to work or repair shall not be imported under the cover of an A.T.A.
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(1) Issuing associations may not issue A.T.A. notebooks for which the validity period exceeds one year from the date of issue. They must indicate, on the cover of the A.T.A. Carnet, the countries for which it is valid and the corresponding guaranteeing associations.
2. No goods may, after the issuance of the A.T.A. 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).
The time limit for the re-export of goods imported under the cover of an A.T.A. Carnet may under no circumstances exceed the period of validity of that carnet.
1. Each guaranteeing association shall guarantee to the customs authorities of the country in which it has its seat, the payment of the amount of import duties and of the other amounts owing in the event of non-observance of the conditions laid down for admission The temporary or transit of goods entering that country under the cover of A.T.A. carnets 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. The guaranteeing association shall not be required to pay more than ten per cent more than the amount of import duties.
3. Where the customs authorities of the importing country have unloaded an A.T.A. carnet for certain goods, they may no longer claim to the guaranteeing association, in respect of those goods, the payment of the sums referred to in the By. 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 transit were subordinate.
4. 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 the claim has not been made to that association within one year from the expiry date of the carnet.
The guaranteeing associations shall have a period of six months from the date on which the customs authorities claim payment of the amounts referred to in s. 1 of Art. 6 above to provide proof of the re-exportation of the goods under the conditions laid down in this Convention or any other regular discharge of the A.T.A.
2. If this evidence is not provided within the prescribed time limit, the guaranteeing association shall immediately record these amounts or pay them on an interim basis. Such consignment or payment shall become final at the expiration of a period of three months from the date of the consignment or payment. During the latter period, the guaranteeing association may still, with a view to the return of the sums recorded or paid, provide the evidence provided for in the preceding paragraph.
3. For countries whose laws and regulations do not provide for the recording or provisional payment of import duties, payments that would be made under the conditions set out in the preceding paragraph shall be considered final, But their amount is refunded when the evidence provided for in s. 1 of this Article shall be provided within three months from the date of payment.
1. Proof of re-exportation of goods imported under the cover of an A.T.A. Carnet is provided by the re-export certificate affixed to that carnet by the customs authorities of the country in which the goods were temporarily imported.
2. If it has not been certified that the goods have been re-exported, as per s. 1 of this Article, the customs authorities of the importing country may accept as proof of the re-export of the goods, even after expiry of the carnet:
3. In the event that the customs authorities of a Contracting Party provide for the re-export of certain goods admitted to their territory under the cover of an A.T.A. notebook, the guaranteeing association shall be discharged from its obligations only when those goods Authorities have certified, on the carnet itself, that the situation of these goods has been regularised.
In the cases referred to in s. 2 of Art. 8 of this Convention, the customs authorities reserve the right to charge a regularization fee.
The visas of A.T.A. notebooks used under the conditions provided for in this Convention shall not give rise to payment of remuneration for customs services when such operation is carried out in the offices or customs offices and During normal business hours.
In the event of the destruction, loss or theft of an A.T.A. notebook, relating to goods in the territory of one of the Contracting Parties, the customs authorities of that Contracting Party shall accept, at the request of The issuing association, and subject to the conditions that these authorities would impose, a replacement title whose validity expires on the same date as that of the replaced carnet.
1. Where temporarily imported goods cannot be re-exported as a result of seizure and this seizure has not been made at the request of individuals, the obligation to re-export shall be suspended for the duration of the seizure.
2. As far as possible, the customs authorities shall notify the guaranteeing association of the seizures made by them or their application on goods placed under the cover of an A.T.A. book guaranteed by that association and notify it of measures That they intend to adopt.
It shall be admitted for the benefit of the exemption of import duties and shall not be subject to any prohibition or import restriction, A.T.A. carnets or parts of A.T.A. notebooks intended to be issued in the country of importation of the said notebooks and Which are sent to the issuing associations by a corresponding foreign association, by an international organisation or by the customs authorities of a Contracting Party. Similar facilities are granted for export.
For the purposes of this Convention, the territories of the Contracting Parties which form a customs or economic union may be regarded as a single territory.
In the event of fraud, breach or abuse, the Contracting Parties shall have the right, notwithstanding the provisions of this Convention, to bring proceedings against persons using an A.T.A. Carnet, to recover the rights to The importation 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.
The Annex to this Convention shall be considered an integral part thereof.
The provisions of this Convention shall establish minimum facilities and shall not preclude the application of greater facilities which certain Contracting Parties shall accord or grant either by unilateral provisions or by Bilateral or multilateral agreements.
The Contracting Parties shall meet where it is necessary to consider the conditions under which this Convention is applied in order, inter alia, to seek appropriate measures to ensure its interpretation and application Uniform.
2. These meetings shall be convened by the Secretary General of the Council, on the request of a Contracting Party. Unless otherwise decided by the Contracting Parties, the meetings shall be held at the seat of the Council.
3. The Contracting Parties shall establish the rules of procedure for their meetings. The decisions of the Contracting Parties shall be taken by a two-thirds majority of those present and taking part in the vote.
4. The Contracting Parties may validly rule on a question only if more than half of them are present.
1. Any dispute between Contracting Parties in respect of the interpretation or application of this Convention shall, as far as possible, be settled by direct negotiation between the Parties.
2. Any dispute which is not settled by direct negotiation shall be brought, by the parties concerned, before the Contracting Parties in accordance with the conditions laid down in Art. 18, who review the dispute and make recommendations for settlement.
3. The parties to the dispute may agree in advance to accept the recommendations of the Contracting Parties.
1. Any Member State of the Council and any Member State of the United Nations or its specialized agencies may become a Contracting Party to this Convention:
(2) This Convention shall be open until 31 July 1962, at the seat of the Council, in Brussels, at the signature of the States referred to in para. 1 of this Article. After that date, it will be open for accession.
3. In the case provided for in par. 1 (b) of this Article, the Convention shall be subject to ratification by the signatory States in accordance with their respective constitutional procedures.
4. Any State not a member of the organisations referred to in par. 1 of this Article, to which an invitation is addressed to that effect by the Secretary General of the Council, on the request of the Contracting Parties, may become a Contracting Party to this Convention by acceding to it after its entry into force.
5. Instruments of ratification or accession shall be deposited with the Secretary General of the Council.
(1) This Convention shall enter into force three months after five of the States mentioned in par. 1 of the art. 20 of this Convention have signed it without reservation as to ratification or have deposited their instruments of ratification or accession.
(2) In respect of any State which signs this Convention without reservation of ratification, which ratifies or accedes thereto, after five States have either signed the Convention without reservation of ratification, or deposited their instrument of ratification or accession, This Convention shall enter into force three months after the said State has signed without reservation of ratification or deposited its instrument of ratification or accession.
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 laid down in Art. 21 of this Convention.
2. The denunciation shall be notified by a written instrument deposited with the Secretary General of the Council.
The denunciation shall take effect six months after the receipt of the instrument of termination by the Secretary General of the Council.
4. Where a Contracting Party denounces this Convention in accordance with s. 1 of this Article or makes a notification pursuant to s. 2 (b) of s. 23 or para. 2 of the art. 25 of the Convention, any A.T.A. carnet issued before the date on which such denunciation or notification takes effect shall remain valid and the guaranteeing association shall remain engaged.
At the time of signing this Convention, to ratify or accede to it, or at a later date, any State which decides to accept the A.T.A. carnets under the conditions laid down in subs. 2 and 3 of Art. 3 of this Convention shall notify the Secretary General of the Council of the cases in which he undertakes to accept the A.T.A. notebooks and indicating the date on which such acceptance takes effect.
2. Similar notifications may be sent to the Secretary General of the Council:
1. The Contracting Parties, in accordance with the conditions laid down in Art. 18, may recommend amendments to this Convention.
2. The text of any amendment thus recommended shall be communicated by the Secretary General of the Council to all Contracting Parties, to all other signatory or acceding States, to the Secretary General of the United Nations, to the Contracting Parties of the GATT and UNESCO.
3. Within six months of the date of the communication of the recommended amendment, any Contracting Party may make known to the Secretary General of the Council:
4. As long as a Contracting Party has addressed the above communication to s. 3 (b) has not notified its acceptance to the Secretary General of the Council, it may, for a period of nine months from the expiry of the six-month period provided for in paragraph 3 (1). 3 of this Article, submit an objection to the recommended amendment.
5. If an objection to the recommended amendment is formulated in accordance with the conditions set out in s. 3 and 4 of this Article, this amendment shall be deemed not to have been accepted and shall have no effect.
6. If no objections to the recommended amendment were made under the conditions set out in s. 3 and 4 of this Article, the amendment shall be deemed to be accepted on the following date:
7. Any amendment deemed to be accepted shall enter into force six months after the date on which it is deemed to be accepted.
8. The Secretary General of the Council shall, as soon as possible, notify all Contracting Parties of any objections formulated in accordance with par. 3 (a) of this Article and any communication addressed in accordance with s. 3 (b). It shall subsequently inform all Contracting Parties whether the Contracting Party (s) who have sent such a communication raises an objection to the recommended amendment or if they accept it.
9. Any State ratifying or acceding to this Convention shall be deemed to have accepted the amendments which entered into force on the date of the deposit of its instrument of ratification or accession.
(1) Any State may, at the time of signature without reservation of ratification, ratification or accession, or at a later date, notify the Secretary General of the Council that this Convention extends to all or some of the Territories whose international relations are under its responsibility. This notification shall take effect three months after the date on which the Secretary General of the Council 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 State concerned.
2. Any State which has, pursuant to paragraph 1 of this Article, notified that this Convention extends to a territory whose international relations are under its responsibility, may notify the Secretary General of the Council, In accordance with the provisions of Art. 22 of this Convention, that this territory shall cease to apply the Convention.
(1) Any State may declare, at the time when it signs this Convention, ratifies or accedes to it, or, after becoming a Contracting Party to the Convention, notify the Secretary General of the Council that it does not accept, under the conditions laid down By the Convention, A.T.A. notebooks for postal traffic. Such notification shall take effect on the ninetieth day after it has been received by the Secretary General.
2. Any Contracting Party which has made a reservation in accordance with par. 1 of this Article, may at any time raise this reservation by notification to the Secretary General of the Council.
3. No other reservation to this Convention shall be permitted.
The Secretary General of the Council shall notify all Contracting Parties and other signatory or acceding States to the Secretary General of the United Nations, to the Contracting Parties of the GATT and to UNESCO:
In accordance with Art. 102 of the United Nations Charter 1 , this Convention shall be registered at the United Nations Secretariat at the request of the Secretary General of the Council.
In witness whereof, The undersigned plenipotentiaries have signed this Convention.
Done at Brussels, on the sixth of December, nine hundred and sixty and one, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited with the Secretary General of the Council who shall transmit certified copies In accordance with all the States referred to in par. 1 of Art. 20 of this Convention.
(Suivent signatures)
States Parties |
Ratification Accession (A) Declaration of succession (S) Signature without reservation of ratification (If) |
Entry into force |
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South Africa * |
18 December |
1975 A |
18 March |
1976 |
Algeria |
July 2 |
1973 A |
2 October |
1973 |
Germany |
15 October |
1965 |
16 January |
1966 |
Andorra |
2 September |
1998 A |
1 Er December |
1998 |
Australia * |
14 June |
1967 |
September 14 |
1967 |
Austria |
20 May |
1963 |
August 21 |
1963 |
Belarus |
7 May |
1998 A |
August 5 |
1998 |
Belgium |
22 February |
1966 A |
22 May |
1966 |
Bulgaria |
July 31 |
1964 A |
1 Er November |
1964 |
Canada |
10 July |
1972 A |
10 October |
1972 |
China |
August 27 |
1993 A |
25 November |
1993 |
Hong Kong A |
1 Er July |
1997 |
1 Er July |
1997 |
Cyprus |
25 October |
1976 A |
25 January |
1977 |
Korea (South) |
April 4 |
1978 A |
4 July |
1978 |
Côte d' Ivoire |
14 June |
1962 Si |
July 30 |
1963 |
Croatia |
29 September |
1994 A |
29 December |
1994 |
Cuba |
24 September |
1963 |
25 December |
1963 |
Denmark * |
April 14 |
1965 |
July 15 |
1965 |
Faroe Islands |
April 14 |
1965 |
July 15 |
1965 |
Egypt |
11 January |
1968 A |
April 11 |
1968 |
Spain |
April 6 |
1964 |
7 July |
1964 |
United States * |
3 December |
1968 A |
3 March |
1969 |
Finland |
1 Er August |
1964 A |
2 November |
1964 |
France |
20 December |
1962 A |
July 30 |
1963 |
Greece |
23 October |
1975 A |
23 January |
1976 |
Hungary |
22 November |
1965 A |
23 February |
1966 |
India |
July 5 |
1989 A |
5 October |
1989 |
Iran |
April 16 |
1968 A |
July 16 |
1968 |
Ireland * |
15 April |
1965 A |
July 16 |
1965 |
Iceland |
June 16 |
1970 A |
16 September |
1970 |
Israel |
August 25 |
1966 A |
25 November |
1966 |
Italy |
19 June |
1964 |
September 20 |
1964 |
Japan |
1 Er August |
1973 A |
1 Er November |
1973 |
Lesotho |
10 May |
1984 A |
8 August |
1983 |
Lebanon |
11 December |
1979 A |
March 11 |
1980 |
Liechtenstein |
July 30 |
1963 |
||
Luxembourg |
10 June |
1966 A |
10 September |
1966 |
Macedonia |
3 April |
1996 A |
July 2 |
1996 |
Malaysia |
13 June |
1988 A |
13 September |
1988 |
Malta |
22 November |
1983 A |
22 February |
1984 |
Morocco |
19 November |
1996 A |
17 February |
1997 |
Mauritius |
22 April |
1982 A |
July 21 |
1982 |
Mexico |
13 November |
2000 A |
February 14 |
2001 |
Niger |
8 December |
1978 A |
8 March |
1979 |
Nigeria |
1 Er October |
1973 A |
1 Er January |
1974 |
Norway |
29 October |
1964 A |
30 January |
1965 |
New Zealand * |
28 November |
1977 A |
28 February |
1978 |
Netherlands |
17 January |
1964 A |
18 April |
1964 |
Netherlands Antilles |
17 January |
1964 A |
18 April |
1964 |
Aruba B |
19 December |
1985 |
1 Er January |
1986 |
Poland * |
19 July |
1969 A |
19 October |
1969 |
Portugal |
20 April |
1966 |
July 20 |
1966 |
Czech Republic |
1 Er January |
1993 S |
1 Er January |
1993 |
Romania |
7 March |
1967 A |
7 June |
1967 |
United Kingdom * |
19 July |
1963 |
20 October |
1963 |
Gibraltar * |
2 December |
1968 A |
2 March |
1969 |
Guernsey |
19 July |
1963 A |
20 October |
1963 |
Isle of Man |
19 July |
1963 A |
20 October |
1963 |
Jersey |
19 July |
1963 A |
20 October |
1963 |
Russia |
18 April |
1996 A |
18 July |
1996 |
Senegal |
14 October |
1977 A |
14 January |
1978 |
Serbia |
27 December |
2001 A |
March 27 |
2002 |
Singapore |
14 November |
1983 A |
February 14 |
1984 |
Slovakia |
5 February |
1993 S |
5 February |
1993 |
Slovenia |
23 November |
1992 A |
23 February |
1993 |
Sri Lanka |
July 14 |
1981 A |
14 October |
1981 |
Sweden |
19 March |
1964 |
20 June |
1964 |
Switzerland * |
April 30 |
1963 |
July 30 |
1963 |
Thailand |
September 30 |
1994 A |
December 30 |
1994 |
Trinidad and Tobago |
5 January |
1981 A |
5 April |
1981 |
Tunisia |
10 March |
1971 A |
10 June |
1971 |
Turkey * |
August 23 |
1974 A |
23 November |
1974 |
* |
Reservations and declarations, see below. |
|||
A |
From 20 Oct. 1963 to 30 June 1997, the Convention was applicable in Hong Kong on the basis of a declaration of territorial extension of the United Kingdom. From 1 Er July 1997, Hong Kong became a Special Administrative Region (SAR) of the People's Republic of China. By virtue of the Chinese declaration of 6 June 1997, the Convention is also applicable to the Hong Kong SAR from 1 Er July 1997. |
|||
B |
To 1 Er Jan 1986, the island of Aruba, which was part of the Netherlands Antilles, acquired its internal autonomy within the Kingdom of the Netherlands. This change affects only the functioning of internal constitutional relations within the Kingdom. |
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South Africa
The Republic of South Africa undertakes to accept A.T.A. notebooks in accordance with the provisions of Art. 23 of the Convention, on the following conditions and in the following cases:
Australia
Pursuant to Art. 26, para. 1, A.T.A. notebooks will not be accepted under the terms of the Convention for postal traffic, except in cases where the carnet is attached to the consignment to which it relates.
Denmark
1. The Convention does not apply to Greenland.
2. In reference to Art. 23, Denmark undertakes to accept, with effect from 1 Er January 1965, art. 3, para. 2 and 3 of the Convention but, for s. 2 of that art. 3, to the following extent:
United States
Relying on par. 1 of the art. 26, the Government of the United States of America hereby declares that it does not accept, at this time, A.T.A. logs for postal traffic, under the conditions laid down in the Convention.
Referring to s. 1 of the art. 25, the United States declares that the Convention extends to the entire customs territory of the United States, which also includes the District of Columbia and Puerto Rico.
Gibraltar
Pursuant to Art. 1, let. (e) and (0) the Chamber of Commerce of Gibraltar has been approved as an issuing and guarantor association. In accordance with Art. 3 of the Convention, Gibraltar accepts A.T.A. notebooks for the following temporary importation operations: 1. Professional equipment, 2. Goods for display at an exhibition, fair, convention or similar event, 3. Commercial samples and 4. Goods in transit. Gibraltar does not accept the use of A.T.A. logs in postal traffic.
Ireland
Pursuant to Art. 26, para. 1, A.T.A. notebooks are not accepted in the postal traffic under the conditions laid down by the Convention.
New Zealand
New Zealand is committed to accepting A.T.A. notebooks under s. 23 of the Convention, under the following conditions and in the following cases:
Poland
In accordance with paras. 2 and 3 of Art. 3, the Polish Government declares that it will recognise upon the entry into force of the Convention for Poland:
United Kingdom
Pursuant to Art. 26, para. 1, A.T.A. notebooks are not accepted in postal traffic.
Switzerland
The Convention also applies to the Principality of Liechtenstein, as long as it remains linked to Switzerland by a customs union treaty.
Turkey
With regard to art. 26 of the Convention, Turkey will not accept the use of A.T.A. notebooks in postal traffic.
1 New content approved by the Federal Council on April 19, 1989 (RO 1989 1812). Updated in accordance with the amendment approved by the Federal Council on June 14, 2002 and in force since 18 Dec. 2002 (RO 2003 2428). The A.T.A. Carnet Model can be consulted with the Customs Branch, Customs Franchises and Transits, 3003 Berne.
2 A version of the updated scope of application is published on the DFAE website (http://www.eda.admin.ch/eda/fr/home/topics/intla/intrea/dbstv.html).
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