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RS 0.631.244.56 Customs Convention of 8 June 1961 on the facilities granted for the importation of goods intended for presentation or use at an exhibition, fair, convention or similar event

Original Language Title: RS 0.631.244.56 Convention douanière du 8 juin 1961 relative aux facilités accordées pour l’importation des marchandises destinées à être présentées ou utilisées à une exposition, une foire, un congrès ou une manifestation similaire

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0.631.244.56

Original text

Customs Convention

On the facilities granted for the importation of goods intended for presentation or use at an exhibition, fair, convention or similar event

Conclue in Brussels on 8 June 1961
Approved by the Federal Assembly on 7 March 1963 1
Instrument of ratification deposited by Switzerland on 30 April 1963
Entry into force for Switzerland on 31 July 1963

(Status on 8 March 2005)

Preamble

The States Parties to this Convention,

Meeting under the auspices of the Customs Cooperation Council, with the assistance of the United Nations Economic Commission for Europe (UNECE) and the United Nations Educational, Scientific and Cultural Organization (UNESCO),

Considering the wishes expressed by representatives of international trade and other interested circles,

Desiring to grant facilities to goods intended for display at an exhibition, fair, convention or similar event of a commercial, technical, religious, educational, scientific, cultural or philanthropic nature,

Convinced that the adoption of general rules on the customs regime of these goods will bring substantial benefits to international trade and promote the international exchange of ideas and knowledge,

Have agreed as follows:

Chapter I Definitions

Art. 1

For the purposes of this Convention:

(a)
By "protest":
1
Exhibitions, fairs, fairs and similar events of trade, industry, agriculture and crafts;
2.
Exhibitions or events organized primarily for philanthropic purposes,
3.
Exhibitions or events organised mainly for scientific, technical, craft, artistic, educational or cultural, sporting, religious or cultural purposes, or to help people understand better;
4.
Meetings of representatives of international organizations or groups;
5.
Ceremonies and events of a formal or commemorative nature;
With the exception of privately held exhibitions in shops or commercial premises for the sale of foreign goods;
(b)
By "import duties" means the customs duties and any other duties and taxes imposed on the importation or on the occasion of importation, as well as all excise duties and domestic taxes imposed on imported goods, to The exclusion, however, of charges and charges which are limited to the approximate cost of services rendered and which do not constitute indirect protection of domestic products or taxes on import;
(c)
By "temporary admission": temporary import duty free of import duties, without prohibitions or import restrictions, for re-export;
(d)
By the Council: the organisation established by the Convention establishing a Customs Cooperation Council concluded in Brussels on 15 December 1950 1 ;
(e)
By "person" means both a natural person and a legal person, unless the context otherwise provides.

Chapter II Temporary Admission

Art. 2

1. Temporary admission:

(a)
Goods intended for display or demonstration at a demonstration;
(b)
Goods intended for use in the presentation of foreign products at a demonstration, such as:
(i)
Goods necessary for the demonstration of exposed foreign machines or apparatus;
(ii)
Construction and decoration equipment, including electrical equipment, for temporary booths of foreign exhibitors;
(iii)
Advertising and demonstration materials, which are clearly intended to be used as advertising for exposed foreign goods, such as sound recordings, films and slides, as well as the apparatus required for them Use;
(c)
Equipment-including interpretation facilities, sound recording equipment and educational, scientific or cultural films-for use in international meetings, conferences and congresses.

2. The facilities referred to in par. 1 above are granted provided that:

(a)
The goods may be identified when re-exported,
(b)
The number or quantity of identical articles imported is reasonable given their destination,
(c)
The customs authorities of the country of temporary importation shall consider that the conditions laid down in this Convention shall be fulfilled.
Art. 3

As long as they enjoy the facilities provided for in this Convention and unless the laws and regulations of the country of temporary importation permit, goods placed on temporary admission may not be:

(a)
Loaned, leased, or used for compensation,
(b)
Transported outside the venue of the event.
Art. 4

1. Goods placed on temporary admission must be re-exported within six months from the date of their importation. However, the customs authorities of the country of temporary importation may require, taking into account the circumstances and in particular the duration and the nature of the event, that the goods be re-exported within a shorter period, but which Must cover, at least, a period of one month after the end of the event.

2. Notwithstanding the provisions of the first paragraph of this Article, the customs authorities shall allow the persons concerned to leave in the country of temporary importation the goods intended for presentation or use at a demonstration If they comply with the provisions of the laws and regulations of that country and the goods are re-exported within one year from the date of their importation.

3. For valid reasons, the customs authorities may, within the limits provided for in the laws and regulations in force in the country of temporary importation, be granted more time limits than those laid down in s. 1 and 2 of this Article, or extend the initial period.

4. Where the goods 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 re-export obligation provided for in this Article shall be Suspended for the duration of the seizure.

Art. 5

Notwithstanding the re-export obligation provided for in this Convention, the re-export of perishable goods, or severely damaged or low value, shall not be required, provided that they are, according to the decision of the authorities Customs:

(a)
Subject to import duties due to the species; or
(b)
Abandoned, free of all costs, to the CRF publishes the country of temporary importation; or
(c)
Destroyed, under official control, without any cost to the State Treasury of the country of temporary importation.

2. Goods placed on temporary admission may receive a destination other than re-exportation and, in particular, be placed on domestic consumption, provided that the conditions and formalities which would be Applied, under the laws and regulations of the country of temporary importation, if they were imported directly from abroad.

Chapter III Waiver of the payment of import duties

Art. 6

(1) Except for goods which have been the subject of reservations notified under the conditions laid down in Art. 23 of this Convention, import duties shall not be levied, prohibitions or restrictions on imports shall not be applied and, if temporary admission has been granted, re-export shall not be required in the following cases:

(a)
Small representative samples of foreign goods exposed to a demonstration, including samples of food products and beverages, imported as such or obtained at the event from goods imported in bulk, Provided:
(i)
Foreign products supplied free of charge and used solely for free distribution to the event for use or consumption by the persons to whom they were distributed,
(ii)
That these products are identifiable as advertising samples with only a low unit value,
(iii)
They are not suitable for marketing and, where appropriate, are packaged in substantially smaller quantities than those contained in the smallest package sold at the retail level,
(iv)
Samples of food products and beverages not distributed in packagings in accordance with para. (iii) above, be consumed at the event, and
(v)
The total value and quantity of the goods are reasonable, in the opinion of the customs authorities of the importing country, having regard to the nature of the event, the number of visitors and the importance of the exhibitor's participation in the Protest,
(b)
Goods imported solely for demonstration purposes, or for the demonstration of foreign machines and apparatus presented at the event, and which are consumed or destroyed during such demonstrations, provided that the aggregate value and The quantity of the goods is reasonable, in the opinion of the customs authorities of the importing country, having regard to the nature of the event, the number of visitors and the importance of the exhibitor's participation in the event;
(c)
Low value products used for the construction, fitting and decoration of temporary stands of foreigners exhibiting at the event (paints, varnishes, drapes, etc.) destroyed as a result of their use;
(d)
Printed, catalogues, brochures, current prices, advertising posters, calendars (illustrated or not) and unframed photographs, intended to be used as advertising for foreign goods exposed to the Protest. Provided:
(i)
Whether they are foreign products supplied free of charge and which are used solely for free distribution to the public at the event site,
(ii)
The total value and quantity of the goods are reasonable, in the opinion of the customs authorities of the importing country, having regard to the nature of the event, the number of visitors and the importance of the exhibitor's participation in the Protest.

2. The provisions of s. 1 above are not applicable to alcoholic beverages, tobacco and fuel.

Art. 7

Are exempt from import duties and are not subject to any prohibition or import restriction on files, archives, forms and other documents intended to be used as such during or at meetings, conferences or International conventions.

Chapter IV Simplification of formalities

Art. 8

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.

Art.

Where a Contracting Party requires the creation of a guarantee in order to ensure the fulfilment of the conditions required for the benefit of the facilities provided for in this Convention, the amount of such guarantee shall not exceed more than 10 % The import duty payable.

2. However, this Contracting Party shall endeavour to accept, in all cases where this is possible, the substitution of a comprehensive guarantee provided by the organisers of the event or by any other person approved by the authorities Customs, to individual guarantees which may be required under the provisions of the preceding paragraph.

Art. 10

1. At the entry and exit, the verification and clearance of the goods which are to be or have been presented or used at a demonstration shall be carried out, wherever possible and expedient, on the premises of that event. Protest.

2. Each Contracting Party shall endeavour, in all cases where it deems it useful, taking into account the importance of the event, to open a customs office on the premises of the event on its territory for a reasonable period of time.

3. The re-export of goods placed on temporary admission may be carried out in one or more time and by any customs office open to such operations, even if it is different from the import office, unless the importer undertakes, in order to To benefit from a simplified procedure, to re-export the goods by the importing office.

Chapter V Miscellaneous provisions

Art. 11

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.

Art. 12

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,

Art. 13

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.

Art. 14

The provisions of this Convention shall not preclude the application of:

(a)
Non-customs national or treaty provisions concerning the organisation of events;
(b)
Prohibitions and restrictions deriving from national laws and regulations and based on considerations of morality or public order, public safety, health or public health or veterinary considerations, or Phytopathology, or relating to the protection of patents, trademarks and copyrights.
Art. 15

Any infringement of the provisions of this Convention, any substitution, false declaration or manoeuvre which has the effect of unduly benefiting a person or an object of the facilities provided for in this Convention, exposs the In the country in which the offence is committed, to the penalties provided for by the laws and regulations of that country and, where appropriate, to the payment of the import duties payable.

Chapter VI Final clauses

Art. 16

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, and, unless otherwise decided by the Contracting Parties, 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.

Art. 17

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. 16 of this Convention, which shall examine the dispute and make recommendations for its settlement.

3. The parties to the dispute may agree in advance to accept the recommendations of the Contracting Parties.

Art. 18

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:

(a)
By signing it, without reservation of ratification;
(b)
By depositing an instrument of ratification after having signed it subject to ratification; or
(c)
By adhering to it.

(2) This Convention shall be open until 31 March 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.

Art. 19

(1) This Convention shall enter into force three months after five of the States mentioned in par. 1 of Art. 18 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 ratifying or acceding to this Convention, 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 deposit of the instrument of ratification or accession of the said State.

Art.

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. 19 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.

Art.

1. The Contracting Parties, in accordance with the conditions laid down in Art. 16 above, 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 and to UNESCO.

Within six months from the date of the communication of the recommended amendment, any Contracting Party may make known to the Secretary General of the Council:

(a)
The Commission has an objection to the recommended amendment,
(b)
Or, although it intends to accept the recommended amendment, the conditions necessary for such acceptance have not yet been fulfilled in its country.

4. As long as a Contracting Party has addressed the above communication to par. 3 (b) has not notified the Secretary General of the Council of its acceptance, it may, for a period of nine months from the expiry of the six-month period provided for in para. 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, the 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:

(a)
Where no Contracting Party has sent a communication pursuant to s. 3 (b) of this Article, after the expiry of the six-month period referred to in that paragraph. 3;
(b)
Where one or more Contracting Parties addressed a communication under s. 3 (b) of this Article, closer to the following two dates:
(i)
The date on which all the Contracting Parties that sent such a communication have notified the Secretary General of the Council of their acceptance of the recommended amendment, however, that date shall be deferred until the expiry of the period of six months referred to To par. 3 of this Article if all acceptances have been notified prior to that expiry;
(ii)
Expiry of the nine-month period referred to in s. 4 of this Article.

7. Any amendment deemed to be accepted shall enter into force six months after the date on which it was deemed to have been 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 accepts 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.

Art.

(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, the Convention shall apply to the said Territories three months after the date of receipt of such notification by the Secretary General of the Council, but not before the date Entry into force of this Convention in respect of that State.

2. Any State having, under s. 1 of this Article, accepted this Convention for a territory whose international relations are placed under its responsibility, may notify the Secretary General of the Council, in accordance with the provisions of Art.20 of this The Convention shall cease to apply the Convention.

Art.

1. Any State may declare at the time that it signs or ratifies this Convention or accedes thereto, or, after becoming a Contracting Party to the Convention, notify the Secretary General of the Council that it does not consider itself bound by the provisions of Art. 6, para. 1, para. (a) of this Convention. Such declarations and notifications shall state explicitly the goods in respect of which the reservation is made. Notifications addressed to the Secretary General shall take effect on the ninetieth day after they have been received by the Secretary General.

2. If a Contracting Party formulates a reservation in accordance with par. 1 of this Article, the other Contracting Parties shall not be bound by the provisions of Art. 6, para. 1, para. (a) of this Convention in respect of that Contracting Party in respect of the goods specified in that reservation.

3. 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.

4. No other reservation to this Convention shall be permitted.

Art. 24

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 and to UNESCO:

(a)
The signatures, ratifications and accessions referred to in Art. 18;
(b)
The date on which this Convention enters into force in accordance with Art. 19;
(c)
Denunciations and cancellations notified in accordance with Art. 20;
(d)
Amendments deemed accepted in accordance with Art. 21 and the date of their entry into force;
(e)
Declarations and notifications received in accordance with Art. 22;
(f)
Declarations and notifications received in accordance with Art. 23, para. 1 and 3, as well as the date on which the reserves come into force or the date on which they are lifted.
Art. 25 Scope of the Convention 1 Er November 2004 Reservations and declarations

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 eighth of June mil 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, which shall transmit it to all the States concerned To par. 1 of Art. 18 of this Convention, certified copies.

(Suivent signatures)


Scope of the Convention 1 Er November 2004

States Parties

Ratification Accession (A) Declaration of succession (S)

Entry into force

South Africa

28 September

1971 A

28 December

1971

Algeria

October 31

1988 A

31 January

1989

Germany

9 June

1967

9 September

1967

Australia

20 December

1962

21 March

1963

Austria

September 20

1962

21 December

1962

Bahrain

24 January

1997 A

24 April

1997

Belgium

July 6

1967 A

6 October

1967

Bulgaria

July 31

1964 A

1 Er November

1964

Cambodia

20 February

1963 A

21 May

1963

China

August 27

1993 A

25 November

1993

Hong Kong A

1 Er July

1997

1 Er July

1997

Cyprus

15 December

1972 A

15 March

1973

Korea (South)

21 October

1975 A

21 January

1976

Côte d' Ivoire *

2 June

1978 A

2 September

1978

Croatia

29 September

1994 A

29 December

1994

Cuba

2 May

1962

August 3

1962

Denmark *

April 14

1965

July 15

1965

Egypt

25 March

1963 A

26 June

1963

Spain

February 11

1963

12 May

1963

Finland

1 Er August

1964 A

2 November

1964

France

22 June

1964

23 September

1964

Greece

19 July

1962 A

20 October

1962

Hungary

4 February

1963 A

5 May

1963

India *

20 June

1988 A

September 20

1988

Iran

April 16

1968

July 16

1968

Ireland

15 April

1965 A

July 16

1965

Iceland

8 December

1970 A

8 March

1971

Israel

16 December

1964 A

March 17

1965

Italy *

9 November

1963

10 February

1964

Japan

1 Er August

1973 A

1 Er November

1973

Lesotho

27 January

1982 A

April 27

1982

Lebanon

11 December

1979 A

March 11

1980

Liechtenstein

July 31

1963

Luxembourg

February 16

1971 A

May 16

1971

Macedonia

3 April

1996 A

July 2

1996

Madagascar

12 April

1962 A

July 13

1962

Mali

3 March

1989 A

3 June

1989

Malta *

11 May

1988 A

August 11

1988

Morocco

16 November

1962 A

17 February

1963

Mexico

13 November

2000 A

February 14

2001

Niger

March 14

1962

July 13

1962

Norway

23 September

1963 A

24 December

1963

New Zealand

17 May

1977 A

August 15

1977

Uganda

July 11

1989 A

11 October

1989

Netherlands

17 January

1964 A

18 April

1964

Netherlands Antilles

17 January

1964 A

18 April

1964

Aruba

19 December

1985 A

1 Er January

1986

Poland

19 July

1969 A

19 October

1969

Portugal

March 31

1962

July 13

1962

Central African Republic

1 Er April

1962 A

July 13

1962

Dominican Republic

12 December

1962 A

13 March

1963

Czech Republic

1 Er January

1993 S

1 Er January

1993

Romania

15 January

1964 A

April 16

1964

United Kingdom

25 March

1963

26 June

1963

Guernsey

25 March

1963 A

26 June

1963

Hong Kong

14 December

1973 A

March 14

1974

Isle of Man

25 March

1963 A

26 June

1963

Jersey

25 March

1963 A

26 June

1963

Serbia and Montenegro

27 December

2001 A

March 27

2002

Slovakia

5 February

1993 S

1 Er January

1993

Slovenia

23 November

1992 A

23 February

1993

Sudan *

28 May

1974 A

August 28

1974

Sri Lanka

July 14

1981 A

14 October

1981

Sweden

19 March

1964

20 June

1964

Switzerland *

April 30

1963

July 31

1963

Thailand

September 30

1994 A

December 30

1994

Trinidad and Tobago

5 January

1981 A

5 April

1981

Tunisia

April 21

1972 A

July 21

1972

Turkey *

August 23

1974

23 November

1974

*

Reservations and declarations, see below.

A

From 14 March 1974 to 30 June 1997, the conv. Was applicable in Hong Kong on the basis of a 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 conv. Is also applicable to the Hong Kong SAR from 1 Er July 1997.


Reservations and declarations

Côte d' Ivoire

In accordance with Art. 23, para. 1, the Republic of Côte d' Ivoire does not consider itself bound by the provisions of Art. 6, para. 1, para. (a) in the case of tobacco, fuel, perfumes and cosmetics.

On the other hand, the Republic of Côte d' Ivoire communicates that if re-export can be carried out in Côte-d ' Ivoire in accordance with Art. 10, para. 3, of the agreement by an office other than the import office, the importer should re-export the goods by the import office in order to benefit from a simplified procedure.

Denmark

The Convention does not apply to Greenland and the Faroe Islands.

India

In accordance with Art. 23 of the Convention, the Government of India reserves the right not to apply the provisions of Art. 6 to the following goods:

1.
Gem stones and jewellery and jewellery of all types;
2.
Drugs;
3.
Electronic devices and devices for the general public of all types;
4.
Textile and garment-making clothing;
5.
Watchmaking articles;
6.
Any other products that may be notified by the Government of India.

Italy

The Italian Government, based on art. 23 of the said Convention, does not consider itself bound by the provisions of Art. 6, para. 1, let. (a) in respect of the following goods, for which it will not be granted duty-free import duties:

Coffee, tea, maté and spices-cocoa and cocoa-based products-candies, drills and other sugar-based products-alcohol-based fragrances-pharmaceutical specialities-beer-lubricating oils-matches-saccharin-automatic appliances Ignition and fireball-paper and cigarette tubes-bananas.

Malta

In accordance with Art. 23 of the Convention, and with regard to art. 6, para. 1, letter a, the Government of Malta reserves the right not to collect import duties, only for samples without commercial value, but not on consumable goods.

Sudan

The Democratic Republic of the Sudan does not consider itself bound by the provisions of Art. 6, para. 1, para. (a) in respect of alcoholic beverages and tobacco.

Switzerland

The Convention also applies to the Principality of Liechtenstein, as long as it remains linked to Switzerland by a customs union treaty.

Turkey

Turkey does not consider itself bound by the provisions of Art. 6, para. 1, let. (a) the agreement with respect to the following goods:

Tobacco and tobacco products, tea, whisky and alcoholic products, beer, cocoa and products containing cocoa, coffee, pharmaceutical products, alcohol-based fragrances, matches, lighters, cigarette papers.


RO 1963 464; FF 1962 II 1161


1 Article 1 of the AF of 7 March 1963 (RO 1963 439)


State 11. July 2006