Key Benefits:
Original text
(State on 4 April 2013)
The Contracting States,
At the time of conclusion, by the United Nations Conference on Customs Formalities Concerning the Temporary Importation of Tourism Vehicles and Tourism, of a Convention on Customs Facilities for Tourism 2 ,
Wishing to facilitate the circulation of documents and materials for tourist propaganda,
Agreed on the following additional provisions:
For the purposes of this Protocol, "entry fees and taxes" means not only customs duties, but also any duties and taxes owing as a result of the importation.
Each of the Contracting States shall freely admit entry fees and taxes, provided that they are imported from another State and that there is no reason to fear abuse:
Subject to the conditions set out in Art. 4, shall be admitted free of temporary duty and taxes of entry, with waiver of the guarantee or recording of such duties and taxes, the material referred to below, imported from one of the Contracting States, and having as its essential purpose the Public to visit this State, in particular to attend meetings or events of a cultural, tourist, sporting, religious or professional nature:
1. The facilities referred to in Art. 3 are granted under the following conditions:
2. The benefit of the temporary duty-free importation shall be granted for a period of at least 12 months.
In the event of fraud, violation or abuse, the contracting states have the right to take legal action to recover the entry fees and taxes that may be due, as well as to impose penalties that the persons receiving Franchises and other facilities would have been incurred.
Any infringement of the provisions of this Protocol, any substitution, false declaration or manoeuvre having the effect of unduly benefiting a person or an object of the import regime provided for in that Protocol shall expose the infringer to the Penalties under the legislation of the country where the offence was committed.
(1) The Contracting States undertake not to impose economic prohibitions on the equipment covered by this Protocol and to phase out such prohibitions which may still be in force.
(2) The provisions of this Protocol shall not, however, affect the application of laws and regulations concerning the importation of certain objects where such laws and regulations provide for prohibitions based on considerations of Public morals, public safety, health or public health.
1. This Protocol shall, until 31 December 1954, be open for signature on behalf of any State Member of the United Nations and of any other State invited to participate in the United Nations Conference on Customs Formalities Concerning the temporary importation of passenger vehicles and tourism, held in New York in May and June 1954 and hereinafter referred to as "the Conference".
2. This Protocol shall be ratified and the instruments of ratification shall be deposited with the Secretary-General of the United Nations.
1. From 1 Er January 1955, any State referred to in paragraph 1. 1 of the art. 8 and any other State which has been invited by the Economic and Social Council of the United Nations may accede to this Protocol. Membership will also be possible on behalf of any Territory under which the United Nations is the administering authority.
(2) Accession shall be made by the deposit of an instrument of accession with the Secretary-General of the United Nations.
(1) This Protocol shall enter into force on the ninetieth day after the date of the deposit of the fifth instrument of ratification or accession without reservations or reservations accepted in accordance with the conditions laid down in Art. 14.
2. For each State which has ratified or acceded to it after the date of the deposit of the fifth instrument of ratification or accession provided for in the preceding paragraph, the Protocol shall enter into force on the ninetieth day after the date of deposit, By that State, its instrument of ratification or accession without reservations or with reservations accepted in accordance with the conditions laid down in Art. 14.
After the present Protocol has been in force for three years, any Contracting State may denounce it by notification addressed to the Secretary-General of the United Nations.
(2) The denunciation shall take effect fifteen months after the date on which the Secretary-General of the United Nations has received such notification.
This Protocol shall cease to have effect if, at any time after its entry into force, the number of Contracting States is less than two for a period of twelve consecutive months.
(1) Any State may, upon the deposit of its instrument of ratification or accession, or at any time thereafter, declare, by notification addressed to the Secretary-General of the United Nations, that this Protocol shall be applicable to all Or part of the territories it represents internationally. The Protocol shall be applicable to the territories mentioned in the notification as from the ninetieth day after receipt of such notification by the Secretary-General if the notification is not accompanied by a reservation, or from the date of the notification. Ninetieth day after the notification has taken effect, in accordance with Art. 14, or on the date on which the Protocol entered into force for the State in question, whichever is the later.
(2) Any State which has made, in accordance with the preceding paragraph, a declaration which has the effect of making this Protocol applicable to a territory which it represents on the international level may, in accordance with Art. 11, denounce the Protocol with regard to that territory alone.
(1) Reservations to this Protocol made before the signature of the Final Act shall be admissible if they have been accepted by the Conference by a majority of its members and recorded in the Final Act.
2. Reservations to this Protocol submitted after the signature of the Final Act shall not be admissible if one third of the signatory States or the Contracting States object to it under the conditions set out below.
(3) The text of any reservation submitted by a State to the Secretary-General of the United Nations upon signature, deposit of an instrument of ratification or accession, or any notification provided for in art. 13, shall be communicated by the Secretary-General to all States that have signed, ratified or acceded to the Protocol. The reservation will not be accepted if one third of those States raise an objection within ninety days of the date of the communication. The Secretary-General shall inform all States referred to in this paragraph of any objections to it, as well as the acceptance or rejection of the reservation.
4. Any objection made by a State which has signed the Protocol but has not ratified it shall cease to have effect if the objecting State does not ratify the Protocol within nine months from the date of that objection. If the fact that an objection ceases to have effect shall result in the acceptance of the reservation in accordance with the preceding paragraph, the Secretary-General shall inform the States referred to in that paragraph. Notwithstanding the provisions of the preceding paragraph, the text of a reservation shall not be communicated to a signatory State which has not ratified the Protocol within three years of the date of signature on its behalf.
The State submitting the reservation may withdraw the reservation within twelve months from the date of the communication of the Secretary-General referred to in subs. 3 announcing the rejection of the reservation in accordance with the procedure laid down in that paragraph. The instrument of ratification or accession or, as the case may be, the notification provided for in Art. 13, then take effect for that State from the date of withdrawal. Pending the withdrawal, the instrument or, as the case may be, the notification shall be without effect, unless in accordance with the provisions of s. 4 the reservation was subsequently accepted.
6. Reservations accepted in accordance with this Article may be withdrawn at any time by notification addressed to the Secretary-General.
7. The Contracting States shall not be obliged to grant the author State of a reservation the benefits provided for in the provisions of the Protocol which have been the subject of that reservation. Any State which uses this option shall notify the Secretary-General. The Secretary-General shall then inform the signatory and contracting states.
1. Any dispute between two or more Contracting States concerning the interpretation or application of this Protocol shall, as far as possible, be settled by negotiation between the States in dispute.
(2) Any dispute which has not been settled by negotiation shall be referred to arbitration if any of the Contracting States in dispute so requests and shall, accordingly, be referred to one or more arbitrators chosen by mutual agreement States in dispute. If, within three months of the date of the request for arbitration, the States in issue are unable to agree on the choice of an arbitrator or arbitrators, any of those States may request the President of the International Court of Justice to Designate a single arbitrator to which the dispute will be referred for decision.
The award of the arbitrator or arbitrators appointed in accordance with the preceding paragraph shall be binding on the Contracting States concerned.
After the present Protocol has been in force for three years, any Contracting State may, by notification addressed to the Secretary-General of the United Nations, request the convening of a conference to review the Protocol. The Secretary-General shall notify all Contracting States of this request and shall convene a Review Conference if, within four months of the date of the notification addressed by him, at least half of the Contracting States shall notify him Assent to this request.
(2) If a conference is convened in accordance with the preceding paragraph, the Secretary-General shall notify all Contracting States and invite them to submit, within a period of three months, the proposals which they would like to see examined by the Conference. The Secretary-General shall communicate to all Contracting States the provisional agenda of the Conference, as well as the text of those proposals, at least three months before the opening date of the Conference.
The Secretary-General shall invite to any conference convened in accordance with this article all Contracting States and all other States Members of the United Nations or of one of the specialized agencies.
1. Any Contracting State may propose one or more amendments to this Protocol. The text of any proposed amendment shall be communicated to the Secretary-General of the United Nations, who shall transmit it to all Contracting States.
(2) Any draft amendment which has been transmitted in accordance with the preceding paragraph shall be deemed to have been accepted if no Contracting State shall lodge an objection within six months of the date on which the Secretary-General has transmitted the Amendment.
The Secretary-General shall make known to all Contracting States as soon as possible if an objection has been raised against the draft amendment and, in the absence of objection, the amendment shall enter into force for all Contracting States Months after the expiry of the six-month period referred to in the preceding paragraph.
The Secretary-General of the United Nations shall notify all States Members of the United Nations and all other States invited to participate in the Conference:
The original of this Protocol shall be deposited with the Secretary-General of the United Nations, who shall transmit certified copies thereof to all Members of the United Nations and to all other States invited to Participate in the Conference.
In witness whereof, The undersigned, duly authorized, have signed this Protocol.
Done at New York, on the fourth of June mil nine hundred and fifty-four, in one copy, in the English, French and Spanish languages, the three texts being equally authentic.
The Secretary-General shall be invited to establish, in this Protocol, a translation into authoritative Chinese and Russian languages, and to attach the Chinese and Russian texts to the English, Spanish and French texts when transmitting copies to States Certified pursuant to s. 19 of this Protocol.
(Suivent signatures)
(To be written in the language of the country of export with English or French translation) (Art. 4 of the protocol)
The (name of the organization) shall, under the cover of this certificate, send the following tourist propaganda material, addressed to the accredited representative (or certified representative) designated below, for temporary importation, to be borne by Re-export within twelve months. This expedition is for the sole purpose of encouraging tourists to visit the country of export of the material in question.
The (name of the organization) undertakes not to transfer this material for free or for consideration without the consent of the customs administration of the country of import of the material and without having done the formalities prior to that administration May require.
This temporary importation shall be carried out under the responsibility and guarantee of the accredited representative or of the approved correspondent mentioned below.
Date, signature and stamp of the official national tourism body of the sending country |
States Parties |
Ratification Accession (A) Declaration of succession (S) |
Entry into force |
||
Albania |
August 9 |
2010 A |
7 November |
2010 |
Algeria * |
October 31 |
1963 A |
29 January |
1964 |
Germany |
16 September |
1957 |
15 December |
1957 |
Argentina |
19 December |
1986 |
19 March |
1987 |
Australia |
6 January |
1967 A |
6 June |
1967 |
Austria |
30 March |
1956 |
28 June |
1956 |
Barbados |
March 5 |
1971 S |
30 November |
1966 |
Belgium |
21 February |
1955 |
28 June |
1956 |
Bulgaria |
7 October |
1959 A |
5 January |
1960 |
Chile |
August 15 |
1974 A |
13 November |
1974 |
China |
||||
Hong Kong |
6 June |
1997 |
1 Er July |
1997 |
Macao |
19 October |
1999 |
20 December |
1999 |
Cyprus |
May 16 |
1963 S |
August 16 |
1960 |
Costa Rica |
4 September |
1963 |
3 December |
1963 |
Cuba * |
29 June |
1964 |
27 September |
1964 |
Denmark |
13 October |
1955 A |
28 June |
1956 |
Egypt |
April 4 |
1957 |
3 July |
1957 |
El Salvador |
18 June |
1958 A |
16 September |
1958 |
Ecuador |
August 30 |
1962 |
28 November |
1962 |
Spain |
September 5 |
1958 A |
4 December |
1958 |
Fiji * |
October 31 |
1972 S |
10 October |
1970 |
Finland |
21 June |
1962 A |
19 September |
1962 |
France |
24 April |
1959 |
July 23 |
1959 |
Ghana |
June 16 |
1958 A |
September 14 |
1958 |
Greece |
15 January |
1974 A |
15 April |
1974 |
Haiti |
12 February |
1958 |
13 May |
1958 |
Hungary * |
29 October |
1963 A |
27 January |
1964 |
India |
February 15 |
1957 A |
May 16 |
1957 |
Iran |
3 April |
1968 A |
July 2 |
1968 |
Ireland |
August 14 |
1967 A |
12 November |
1967 |
Israel |
1 Er August |
1957 A |
30 October |
1957 |
Italy |
12 February |
1958 |
13 May |
1958 |
Jamaica |
11 November |
1963 S |
August 6 |
1962 |
Japan |
7 September |
1955 |
28 June |
1956 |
Jordan |
18 December |
1957 A |
18 March |
1958 |
Lebanon |
March 16 |
1971 A |
14 June |
1971 |
Liberia |
16 September |
2005 A |
15 December |
2005 |
Liechtenstein |
23 May |
1956 |
August 21 |
1956 |
Lithuania |
1 Er December |
2005 A |
1 Er March |
2006 |
Luxembourg |
21 November |
1956 |
19 February |
1957 |
Malaysia |
7 May |
1958 S |
August 31 |
1957 |
Mali |
11 June |
1974 A |
9 September |
1974 |
Malta * |
July 29 |
1968 S |
21 September |
1964 |
Morocco |
September 25 |
1957 A |
24 December |
1957 |
Mauritius |
18 July |
1969 S |
12 March |
1968 |
Mexico |
13 June |
1957 |
11 September |
1957 |
Montenegro |
23 October |
2006 S |
3 June |
2006 |
Nepal |
21 September |
1960 A |
20 December |
1960 |
Nigeria |
26 June |
1961 S |
1 Er October |
1960 |
Norway |
10 October |
1961 A |
8 January |
1962 |
New Zealand |
August 17 |
1962 A |
15 November |
1962 |
Cook Islands |
21 May |
1963 A |
19 August |
1963 |
Niue |
21 May |
1963 A |
19 August |
1963 |
Uganda * |
15 April |
1965 A |
July 14 |
1965 |
Netherlands |
7 March |
1958 |
5 June |
1958 |
Aruba |
7 March |
1958 A |
5 June |
1958 |
Curaçao |
7 March |
1958 A |
5 June |
1958 |
Caribbean (Bonaire, Sint Eustatius and Saba) |
7 March |
1958 A |
5 June |
1958 |
Sint Maarten |
7 March |
1958 A |
5 June |
1958 |
Peru |
16 January |
1959 A |
April 16 |
1959 |
Philippines |
19 February |
1960 |
9 May |
1960 |
Poland |
March 16 |
1960 A |
14 June |
1960 |
Portugal * |
18 September |
1958 A |
17 December |
1958 |
Portuguese Overseas Territories |
18 September |
1958 A |
17 December |
1958 |
Central African Republic |
15 October |
1962 A |
13 January |
1963 |
Czech Republic * |
2 June |
1993 S |
1 Er January |
1993 |
Romania * |
26 January |
1961 A |
April 26 |
1961 |
United Kingdom |
February 27 |
1956 |
28 June |
1956 |
Anguilla |
9 January |
1961 A |
April 9 |
1961 |
Gibraltar |
14 January |
1958 A |
April 14 |
1958 |
British Virgin Islands |
14 January |
1958 A |
April 14 |
1958 |
Montserrat |
14 January |
1958 A |
April 14 |
1958 |
St. Helena |
14 January |
1958 A |
April 14 |
1958 |
Russia |
August 17 |
1959 A |
15 November |
1959 |
Rwanda |
1 Er December |
1964 S |
1 Er July |
1962 |
Solomon Islands |
3 September |
1981 S |
7 July |
1978 |
Senegal |
19 April |
1972 A |
18 July |
1972 |
Serbia |
12 March |
2001 S |
April 27 |
1992 |
Sierra Leone |
13 March |
1962 S |
April 27 |
1961 |
Singapore |
22 November |
1966 S |
August 9 |
1965 |
Slovakia * |
28 May |
1993 S |
1 Er January |
1993 |
Sweden |
11 June |
1957 |
9 September |
1957 |
Switzerland |
23 May |
1956 |
August 21 |
1956 |
Syria |
26 March |
1959 A |
24 June |
1959 |
Tanzania * |
22 June |
1964 A |
September 20 |
1964 |
Tonga |
11 November |
1977 S |
4 June |
1970 |
Trinidad and Tobago |
April 11 |
1966 S |
August 31 |
1962 |
Tunisia * |
20 June |
1974 A |
18 September |
1974 |
Turkey |
April 26 |
1983 A |
July 25 |
1983 |
* |
Reservations and declarations. |
|||
Reservations and declarations are not published in the RO. The texts in English and French can be found at the United Nations Internet site: http://untreaty.un.org/ or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne. |
||||
1 This publication supplements the information on the OR 1958 740, 1975 1252, 1982 1444, 1983 1321, 1987 1024, 2004 3727, 2008 4131, 2013 1079. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).