Advanced Search

RS 0.631.250.211 Additional Protocol of 4 June 1954 to the Convention on Customs Facilities in favour of Tourism, on the Importation of Documents and Tourist Propaganda Material (with Annex)

Original Language Title: RS 0.631.250.211 Protocole additionnel du 4 juin 1954 à la convention sur les facilités douanières en faveur du tourisme, relatif à l’importation de documents et de matériel de propagande touristique (avec annexe)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

0.631.250.211

Original text

Additional Protocol to the Convention on Customs Facilities for Tourism on the Importation of Tourist Documents and Propaganda Material

Conclu in New York on 4 June 1954
Approved by the Federal Assembly on 6 March 1956 1
Instrument of ratification deposited by Switzerland on 23 May 1956
Entered into force for Switzerland on 21 August 1956

(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:

Art. 1

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.

Art. 2

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:

A.
Documents (pamphlets, brochures, books, magazines, guides, framed or non-framed posters, unframed photographic and photographic enlargements, illustrated or non-illustrated maps, vitreauphanies) intended for distribution free of charge and which The essential purpose of bringing the public to visit foreign countries, in particular to attend meetings or events of a cultural, tourist, sporting, religious or professional nature, provided that these documents do not Contain no more than 25 percent of private commercial advertising and their purpose Propaganda of a general nature is obvious;
B.
The lists and directories of foreign hotels published by or under the patronage of official tourist organizations and the timetables for transport services operated abroad, where such documents are intended to be Distributed free of charge and contain no more than 25 percent of private commercial advertising;
C.
Technical equipment sent to accredited representatives or correspondents designated by national official tourism bodies, which is not intended to be distributed, i.e. directories, telephone subscriber lists, lists Hotels, catalogues of fairs, samples of handicraft products of negligible value, documentation on museums, universities, spas, or similar institutions.
Art. 3

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:

A.
Objects intended for display in the offices of accredited representatives or correspondents designated by national official tourism bodies or in other premises approved by the customs authorities of the importing country: tables and Drawings; framed photographic and photographic enlargements; book of art; paintings, engravings or lithographs, sculptures and tapestries and other similar works of art;
B.
Display equipment (windows, supports and similar objects), including electrical or mechanical appliances necessary for the operation of the equipment;
C.
Documentary films, discs, impressioned magnetic tapes and other sound recordings, for free sessions, excluding those whose subject matter tends to commercial propaganda and those that are commonly put up for sale in the Import countries;
D.
Flags, in reasonable number;
E.
Dioramas, models, slides, printing plates, photographic negatives;
F.
Specimens, in reasonable numbers, of national craft products, regional costumes and other similar articles of folk character.
Art. 4

1. The facilities referred to in Art. 3 are granted under the following conditions:

A.
The material must be sent either by a formal tourism body or by a national tourist propaganda agency reporting to it. This shall be justified by the presentation to the customs authorities of the importing country of an attestation, in accordance with the model set out in the Annex, of this Protocol, drawn up by the sending body;
B.
The equipment must be imported to and under the responsibility of the accredited representative of the official national tourism body of the sending country or of the correspondent designated by the aforementioned body and approved by the authorities Customs of the importing country. The responsibility of the accredited representative or of the accredited representative shall include, in particular, the payment of the entry fees and taxes which would be payable if the conditions laid down in this Protocol were not met;
C.
The imported equipment must be re-exported in the same way by the importing organisation; however, the destruction of such equipment, carried out under the conditions laid down by the customs authorities, relieves the importer of the obligation to re-export it.

2. The benefit of the temporary duty-free importation shall be granted for a period of at least 12 months.

Art. 5

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.

Art. 6

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.

Art. 7

(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.

Art. 8

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.

Art.

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.

Art. 10

(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.

Art. 11

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.

Art. 12

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.

Art. 13

(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.

Art. 14

(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.

Art. 15

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.

Art. 16

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.

Art. 17

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.

Art. 18

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:

A.
Signatures, ratifications and accessions received in accordance with Art. 8 and 9;
B.
The date on which this Protocol enters into force in accordance with Art. 10;
C.
Denunciations received pursuant to s. 11;
D.
The repeal of this Protocol in accordance with Art. 12;
E.
Notifications received in accordance with Art. 13;
F.
The entry into force of any amendment in accordance with Art. 17.
Art. 19

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)

Annex

Certification Model

(To be written in the language of the country of export with English or French translation) (Art. 4 of the protocol)

Certification for temporary duty-free importation, with waiver of the guarantee or recording of entry fees and taxes, of tourist propaganda material

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.

A.
Hardware Inventory:
B.
Name and address of the accredited representative or authorized correspondent, to whom the material is addressed:

Date, signature and stamp of the official national tourism body of the sending country

Scope of application on 4 April 2013 1

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).


Status April 4, 2013