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RS 0.221.554.3 Convention of 7 June 1930 on the stamp duty on bills of exchange and promissed notes (with prot.)

Original Language Title: RS 0.221.554.3 Convention du 7 juin 1930 relative au droit de timbre en matière de lettres de change et de billets à ordre (avec prot.)

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0.221.554.3

Original text

Convention on the Right of Stamp in Respect of Letters of Exchange and Promissable Notes

Conclue at Geneva on 7 June 1930
Approved by the Federal Assembly on 8 July 1932 1
Instrument of ratification deposited by Switzerland on 26 August 1932
Entry into force for Switzerland on 1 Er July 1937

(Status on 8 November 2005)

The President of the German Reich; the Federal President of the Republic of Austria; His Majesty the King of the Belgians; the President of the Republic of the United States of Brazil; His Majesty the King of Great Britain, Ireland and the British Territories beyond Mers, Emperor of the Indies; President of the Republic of Colombia; His Majesty the King of Denmark; President of the Republic of Poland, for the Free City of Danzig; President of the Republic of the Equator; His Majesty the King of Espagne; the President of the Republic of Finland; the President of the French Republic; His Highness Serenissime the Regent of the Kingdom of Hungary; Her Majesty the King of Italy; Her Majesty the Emperor of Japan; His Royal Highness the Great Duchess of Luxembourg; Her Majesty the King of Norway; Her Majesty the Queen in the Netherlands; the President of the Republic of Peru; the President of the Republic of Poland; the President of the Portuguese Republic; His Majesty the King of Sweden; the Swiss Federal Council; the President of the Republic of Czechoslovakia; the President of the Republic; His Majesty the King of Yugoslavia,

Desiring to settle certain problems of the stamp duty in their relations with the letter of exchange and the promissary note, have appointed for their plenipotentiaries, namely:

(Following are the names of plenipotentiaries)

Which, after having communicated their full powers, found in good and due form, have agreed the following provisions:

Art. 1

In the event that such legislation does not already exist, the High Contracting Parties undertake to amend their laws in such a way that the validity of the commitments made in respect of bills of exchange and promissors, or the exercise of rights As a result, may not be subject to compliance with the provisions on the stamp.

They may, however, suspend the exercise of these rights until the stamp duty has been paid, as well as the fines incurred. They may also decide that the quality and effect of an immediately enforceable title which, according to their laws, would be assigned to the bill of exchange and the promissed ticket, will be subject to the condition that the stamp duty is As soon as the title was created, duly paid in accordance with the provisions of their laws.

Each of the High Contracting Parties reserves the right to restrict the undertaking referred to in the first paragraph to the only letters of exchange.

Art. 2

This Convention, of which the French and English texts will also be authentic, shall bear the date of that day.

It may be signed later until 6 September 1930 on behalf of any Member of the League of Nations and any non-member State.

Art. 3

This Convention shall be ratified.

Instruments of ratification shall be deposited before 1 Er September 1932 with the Secretary-General of the League of Nations, who shall immediately notify the Secretary-General of the receipt to all Members of the League of Nations and the non-member States party to this Convention.

Art. 4

As from 6 September 1930, any Member of the League of Nations and any non-member State may accede to it.

Such accession shall be effected by notification to the Secretary-General of the League of Nations 1 To be deposited in the archives of the Secretariat.

The Secretary-General shall notify such deposit immediately to all those who have signed or acceded to this Convention.


1 After the dissolution of the League of Nations, the General Secretariat of the United Nations has been entrusted with the functions mentioned here (FF 1946 II 1181 1187 ff).

Art. 5

This Convention shall enter into force only once it has been ratified or acceded to on behalf of seven Members of the League of Nations or non-member States, including three members of the League of Nations Represented on a permanent basis in the Council.

The date of entry into force shall be the ninetieth day after the receipt by the Secretary-General of the League of Nations, of the seventh ratification or accession, in accordance with the first paragraph of this article.

The Secretary-General of the League of Nations 1 By making the notifications provided for in Articles 3 and 4, specifically that the ratifications or accessions referred to in the first paragraph of this Article have been collected.


1 See note to art. 4.

Art. 6

Each ratification or accession following the entry into force of the Convention in accordance with Article 5 shall be effective as from the ninetieth day after the date of its receipt by the Secretary-General of the Society of Nations 1 .


1 See note to art. 4.

Art. 7

This Convention shall not be terminated before the expiration of two years from the date on which it has entered into force for that Member of the League of Nations or for that non-member State; this denunciation shall produce its Effect from the ninetieth day following receipt by the Secretary-General 1 Of the notification addressed to him.

Any denunciation shall be communicated immediately by the Secretary-General of the League of Nations 2 To all other High Contracting Parties.

Each denunciation shall have effect only in respect of the High Contracting Party on whose behalf it has been made.


1 See note to art. 4.
2 See note to art. 4.

Art. 8

Any Member of the League of Nations and any non-member State in respect of which this Convention is in force, may address to the Secretary-General of the League of Nations 1 , upon the expiration of the fourth year following the entry into force of the Convention, an application for the revision of certain or all provisions of that Convention.

If such a request, communicated to other Members or non-member States between which the Convention is then in force, shall be supported within one year, by at least six of them, the Council of the League of Nations shall decide whether to Convene a Conference for this purpose.


1 See note to art. 4.

Art.

The High Contracting Parties may, at the time of signature of the ratification or accession, declare that, by their acceptance of this Convention, they do not intend to assume any obligation in respect of the whole or all Part of their colonies, protectorates or territories under their suzerainty or mandate; in this case, this Convention shall not be applicable to the territories subject to such declaration.

The High Contracting Parties may subsequently notify the Secretary-General of the League of Nations 1 That they intend to make this Convention applicable to all or any part of their territories which have been the subject of the declaration provided for in the preceding paragraph. In this case, the Convention shall apply to the territories referred to in the notification ninety days after the receipt of the latter by the Secretary-General of the League of Nations 2 .

Similarly, the High Contracting Parties may at any time declare that they intend that this Convention shall cease to apply to all or any part of their colonies, protectorates or territories under their suzerainty or In this case, the Convention shall cease to be applicable to the territories subject to such declaration one year after the receipt of the latter by the Secretary-General of the League of Nations 3 .


1 See note to art. 4.
2 See note to art. 4.
3 See note to art. 4.

Art. 10 Protocol Scope of application on 17 August 2005

This Convention shall be registered by the Secretary-General of the League of Nations upon entry into force. It will be issued as soon as possible to the Treaty Series Of the League of Nations.

In witness whereof, The aforementioned plenipotentiaries have signed this Convention.

Done at Geneva, on June 7, mil nine hundred and thirty, in simple expedition to be deposited in the archives of the Secretariat of the League of Nations 1 , a copy will be transmitted to all members of the League of Nations and to all non-member States represented at the Conference.

(Suivent signatures)


1 See note to art. 4.

Protocol

At the time of signing the Convention, as of today, relating to the stamp duty in respect of bills of exchange and promissed notes, the undersigned, duly authorised, have agreed to the following provisions:

A

Members of the League of Nations and non-member States that would not have been able to do so before 1 Er September 1932 the deposit of their ratification on the said Convention, undertake to send, within 15 days after that date, a communication to the Secretary-General of the League of Nations, to inform the Secretary-General of the situation in which They are in the process of ratification.

B

If, on the date of 1 Er November 1932, the conditions laid down in Article 5, paragraph 1, for the entry into force of the Convention, are not fulfilled, the Secretary-General of the League of Nations shall convene a meeting of the Members of the League of Nations and of States not Members who would have signed or acceded to the Convention.

The purpose of this meeting will be to discuss the situation and the measures to be taken, where appropriate, to address them.

C

The High Contracting Parties shall communicate reciprocally, as soon as they are in force, to the legislative provisions which they will establish in their respective territories under the Convention.

D

It is agreed that, in respect of the United Kingdom of Great Britain and Northern Ireland, the only titles to which the provisions of this Convention apply are the letters of exchange presented to the acceptance, accepted or Payable elsewhere than in the United Kingdom.

2. The same limitation shall apply in respect of any colony, protectorate or territory under the suzerainty or mandate of Her Majesty to which the Convention would become applicable under Article 9, provided, however, that a Notification of this limitation to the Secretary-General of the League of Nations 2 Before the date on which the application of the said Convention enters into force for that territory.

It is also agreed that, as far as Northern Ireland is concerned, the provisions of this Convention shall apply only with such modifications as are deemed necessary.

4. The Government of any Member of the League of Nations or a non-member State wishing to accede to the Convention under Article 4 under the limitations specified in paragraph 1 above may inform the Secretary-General of the Society of Nations 3 This notification shall be communicated to the Governments of all Members of the League of Nations and non-member States on behalf of which the Convention has been signed and on whose behalf it has acceded, asking whether they have any Objections to be submitted. If, within a period of six months from the said communication, no objection has been raised, participation in the Convention of the country invoking the limitation in question shall be considered accepted under that limitation.

In witness whereof, The Plenipotentiaries have signed this Protocol.

Done at Geneva, on June 7, mil nine hundred and thirty, in simple expedition to be deposited in the archives of the Secretariat of the League of Nations 4 It shall be transmitted to all Members of the League of Nations and to all non-member States represented at the Conference.

(Suivent signatures)


Scope of application 17 August 2005

States Parties

Ratification Accession (A) Declaration of succession (S)

Entry into force

Germany

3 October

1933

1 Er January

1934

Australia *

3 September

1938 A

2 December

1938

Norfolk Island *

3 September

1938 A

2 December

1938

Austria

August 31

1932

1 Er January

1934

Bahamas *

19 May

1976 S

10 July

1973

Belarus

4 February

1998 S

25 December

1991

Belgium

August 31

1932

1 Er January

1934

Brazil

26 August

1942

24 November

1942

China

Macao A

19 October

1999

20 December

1999

Cyprus *

March 5

1968

August 16

1960

Denmark

27 July

1932

1 Er January

1934

Greenland

July 14

1965 A

29 September

1965

Faroe Islands

27 July

1932

1 Er January

1934

Fiji *

25 March

1971

10 October

1970

Finland

August 31

1932

1 Er January

1934

France

April 27

1936

26 July

1936

Hungary

28 October

1964

26 January

1965

Ireland *

10 July

1936 A

8 October

1936

Italy

August 31

1932

1 Er January

1934

Japan

August 31

1932

1 Er January

1934

Kazakhstan

20 November

1995 A

18 February

1996

Luxembourg

March 5

1963

3 June

1963

Malaysia

14 January

1960

August 31

1957

Malta

6 December

1966

21 September

1964

Monaco

25 January

1934 A

April 25

1934

Norway

27 July

1932

1 Er January

1934

Uganda

15 April

1965 A

July 14

1965

Papua New Guinea *

12 February

1981 A

13 May

1981

Netherlands

August 20

1932

1 Er January

1934

Poland

19 December

1936

19 March

1937

Portugal

8 June

1934

September 6

1934

United Kingdom

18 April

1934

17 July

1934

Bermuda *

18 July

1936 A

October 16

1936

Gibraltar *

18 July

1936 A

October 16

1936

Falkland Islands *

7 September

1938 A

6 December

1938

St. Helena (with Ascension) *

7 September

1938 A

6 December

1938

Russia

25 November

1936 A

23 February

1937

Sweden

27 July

1932

1 Er January

1934

Switzerland

26 August

1932

1 Er July

1937

Tonga *

2 February

1972

4 June

1970

Ukraine

8 October

1999 A

6 January

2000

*

Reservations and declarations, see below.

A

From Dec 20. 1999, Macao became a Special Administrative Region (SAR) of the People's Republic of China. According to the Chinese declaration of 19 Oct. 1999, the Convention is also applicable to the Macao SAR from 20 Dec. 1999.

Reservations

Australia (with Norfolk)

Subject to the reservation set out in Section D of the Protocol.

Bahamas

With the maintenance of the limitation provided for in Section D of the Protocol to the Convention, the reservation under which the Convention had been made applicable to its territory.

Cyprus

Same as the Bahamas.

Fiji

Same as the Bahamas.

Bermuda, Gibraltar, Falkland Islands, Ste-Hélène (with Ascension)

The limitation provided for in Article D of the Protocol to the Convention shall apply.

Ireland

Subject to the reservation set out in paragraph 1 of Section D of the Protocol.

Papua New Guinea

Subject to the reservation set out in paragraph 1 of Section D of the Protocol.

Tonga

Same as the Bahamas.


RS 11 824; FF 1931 II 341


1 Art. 1 let. C of the FY 8 July 1932 (RS 11 877).
2 See note to art. 4 of the Convention.
3 See note to art. 4 of the Convention.
4 See note to art. 4 of the Convention.


State 11. July 2006