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RS 0.631.244.52 International Convention of 7 November 1952 to Facilitate the Importation of Commercial Samples and Advertising Material

Original Language Title: RS 0.631.244.52 Convention internationale du 7 novembre 1952 pour faciliter l’importation des échantillons commerciaux et du matériel publicitaire

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0.631.244.52

Original text

International Convention for the Importation of Commercial Samples and Advertising Material

Concluded at Geneva on 7 November 1952
Approved by the Federal Assembly on 6 October 1954 1
Instrument of accession deposited by Switzerland on 4 December 1954
Entry into force for Switzerland on 20 November 1955

(Status on 9 February 2007)

Governments that are signatories to this Convention,

Convinced that the adoption of common rules on the import of samples of goods of any kind, whether natural or manufactured goods, and advertising material will facilitate the expansion of trade International

Have agreed as follows:

Art. I Definitions

For the purposes of this Convention:

A.
The term "import duty" refers to customs duties and any other duties and taxes imposed on 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;
B.
The term "persons" means natural or legal persons;
C.
References to the territory of a Contracting Party relate to its metropolitan territory and any other territory which that Contracting Party represents on the international level and to which the application of the Convention extends, in accordance with Art. XIII.
Art. II Exemption from import duties of samples of negligible value

(1) Each Contracting Party shall exempt from import duties samples of goods of any kind imported into its territory, provided that they have only a negligible value and can be used only in search of orders Concerning goods of the species represented by the samples for importation. In order to determine whether the samples are of negligible value, the customs authorities of the territory of import may take into account the value of each sample individually or the total value of all the samples. Samples belonging to the same shipment. The value of consignments sent by the same consignor to different addressees shall not be totalled for the purposes of this paragraph, even though those consignments would be imported simultaneously.

2. The customs authorities of the territory of import may require that, in order to benefit from the exemption from import duties in accordance with paragraph 1. 1 of this Article, samples shall be rendered unusable as goods by marking, laceration, perforation or otherwise, without, however, having the effect of causing them to lose their quality of samples.

Art. III Admission of other temporary duty-free samples of import duties

For the purposes of this Article, the term "samples" means articles that are representative of a specified class of goods already produced or that are models of goods for which manufacture is contemplated, Condition:

A.
That they belong to a person established abroad and that they are imported for the sole purpose of being presented or being demonstrated in the territory of importation, in order to search for orders for goods which will be Shipped from abroad;
B.
That they are neither sold nor used for their normal use except for the purposes of the demonstration, nor used in any way for rent or for remuneration during their stay in the territory of import;
C.
That they be destined to be re-exported in good time, and
D.
Whether they are likely to be identified when re-exported;

To the exclusion of identical articles introduced by the same person or dispatched to the same consignee in quantities such as, taken as a whole, they no longer constitute samples according to the normal uses of trade.

(2) Samples liable to import duties, imported from the territory of a Contracting Party, with or without the intervention of a commercial traveller, by persons established in the territory of any Contracting Party shall be Free admission of import duties on the territory of each of the Contracting Parties for the purposes of consignment of the amount of import duties and any other amounts that may be due or guaranteed to guarantee Their eventual payment. The amounts recorded (with the exception of those which may be required under Article VI of this Convention) shall not, however, exceed the amount of import duty increased by 10 per cent.

3. In order to benefit from the facilities provided for in this Article, interested persons will have to comply with the laws and regulations laid down in this Article by the authorities of the territory of import and the customs formalities in force in that Territory. In the case of industrial and agricultural equipment and transport vehicles whose value for duty exceeds 1000 US dollars (or their value in another currency), importers may be required to declare the premises In addition, they may be invited, by the customs authorities of the importing country, to prove, at any time, that such equipment or vehicles are in the declared premises. The customs authorities of the importing country will be able to seal these materials and vehicles or prevent their operation in another way, during the time limit for temporary duty-free entry, and limit the places where they will be able to operate For demonstration purposes.

4. As a general rule, the customs authorities of the importing country shall consider as sufficient for the subsequent identification of samples the marks which have been affixed thereto by the customs authorities of a Contracting Party, to the Condition that these samples be accompanied by a descriptive list certified by the customs authorities of that Contracting Party. Additional markings shall be affixed to the samples only where the customs authorities of the importing country consider it necessary for the identification of the samples when they are re-exported. The markings on the samples shall not render them unusable.

5. The time limit for the re-export of samples which will benefit from the exemption from import duties provided for in this Article shall not be less than six months. After the expiry of the time limit for re-export, import duties and any other amounts that may be payable may be collected on samples that have not been re-exported. They may also be collected, without waiting for the expiry of that period, on samples which will cease to meet the conditions laid down by s. 1 of this article.

6. Upon re-exportation, within the time limit fixed, samples imported under the conditions provided for in this Article, the refund of the amounts recorded or the release of the security provided at the time of importation under s. 2 of that same article shall be made without delay to one of the customs offices located at or within the territory which have been authorised for that purpose, subject, where appropriate, to the deduction of duties and other sums Relating to samples that would not have been submitted for re-export. In certain special circumstances, however, deposits may be returned in a different manner, provided that such restitution takes place quickly. Each Contracting Party shall publish a list of the customs offices authorized for such operations.

Art. IV Importing advertising material free of import duty

1. Each Contracting Party shall exempt from import duties catalogues, current prices and related trade notices

A.
To goods put up for sale or for rent, or
B.
To services offered in respect of transport or commercial insurance,

By a person established in the territory of another Contracting Party, where such documents will be imported from the territory of any Contracting Party on the condition that each shipment:

(i)
Consist of only one document, or
(ii)
Consist of only one copy of each document, if it is composed of several documents, or
(iii)
Does not exceed the gross weight of 1 kilogram regardless of the number of documents and copies.

The simultaneous shipment of a number of packages to different addressees in the territory of importation will not be such as to deprive those packages of the exemption if each consignee receives only one package.

2. Notwithstanding the provisions of s. 1 of this Article, a Contracting Party shall not be required to exempt import duties on its territory:

A.
Catalogues, current prices and trade notices that do not, in an apparent way, bear the name of the foreign company that produces, sells or leases the goods or offers services in respect of transportation, or Commercial insurance, to which these catalogues, current prices or trade notices relate;
B.
The catalogues, current prices and trade notices which are declared, for consumption, to the customs authorities of the territory of importation, in packages grouped together to be sent to separate addressees in that territory.
Art. V Admission of temporary duty-free advertising of import duties

Subject to the conditions laid down in Art. III of this Convention, each Contracting Party shall accord the facilities provided for in that article to positive cinematographic films, of an advertising character, of a width not exceeding 16 mm., when it is established, to the satisfaction of The customs authorities, in the case of films reproducing essentially photographs (with or without sound tape) showing the nature or operation of products or materials whose qualities cannot be adequately demonstrated by Samples or catalogues, provided that these films:

A.
Relying on goods or materials offered for sale or lease by a person established in the territory of another Contracting Party;
B.
Be of such a nature as to be presented to prospective customers and not to public halls, and
C.
Be imported in a package that does not contain more than one copy of each film and is not part of a larger film.
Art. VI Temporary derogation from prohibitions and restrictions

(1) No Contracting Party shall apply prohibitions or restrictions on imports (other than import duties), whether effected by means of quotas, import permits or other processes, on goods From the territory of another Contracting Party:

A.
Who will benefit from the exemption from import duties under the provisions of s. II or IV of this Convention (or who would benefit if they were dutiable); or
B.
Who will be admitted on a temporary basis under the provisions of s. III or V of this Convention (or who would benefit from this exemption if they were dutiable);

Provided that the importation of these goods does not give rise to any payment except for the settlement of the freight and insurance or for services rendered in the territory by a person established in that territory.

2. In respect of goods that will benefit from temporary duty-free entry under the provisions of s. III or V of this Convention (or who would benefit if they were dutiable), the suspension of import prohibitions or restrictions will apply only during the period when temporary duty free admission is permitted (or would be permitted if these goods were dutiable). In the event that these goods are not re-exported during the period in which the application of the prohibitions or restrictions is suspended under s. 1 of this Article, the authorities of the importing country may take the measures that would have been applied if the prohibitions or restrictions on imports had not been suspended. The authorities of the importing territory may require appropriate guarantees for this purpose, such as the deposit of a special bond separate from that intended to guarantee the payment of import duties.

3. The provisions of this Convention shall not prevent a Contracting Party from applying prohibitions or import restrictions:

A.
Necessary for the protection of public morals or essential security interests;
B.
Necessary for the protection of human and animal health and life or for the preservation of plants;
C.
Relating to the importation of gold or silver;
D.
Necessary for the enforcement of laws and regulations relating to the application of customs measures, the maintenance of state monopolies and the protection of patents, trademarks and copyright and reproduction rights;
E.
Necessary to prevent practices that may be misleading;
F.
Referring to articles made in prisons;
G.
Required for the application of standards or regulations concerning the classification, quality control or sale of products for international trade.
Art. VII Simplification of formalities

Each Contracting Party shall minimize the formalities required for the application of the facilities provided for in this Convention.

(2) Each Contracting Party shall publish without delay all the regulations made in that regard so that interested persons may be aware thereof in order to avoid the harm which they may suffer as a result of the application of Formalities ignored by them.

Art. VIII Dispute Settlement

1. Any dispute between two or more Contracting Parties concerning the interpretation or application of this Convention shall, to the extent possible, be settled by direct negotiation between them.

2. Any dispute that would not be settled by negotiation shall be submitted to a person or body accepted by mutual agreement by the Contracting Parties between which the dispute has been settled; however, if these Parties are unable to Agree on the choice of this person or body, any one of them may ask the President of the International Court of Justice to appoint an arbitrator.

3. The decision of the person or body designated under s. 2 of this Article shall be binding on the Contracting Parties concerned.

Art. IX Signature and ratification

This Convention shall be open until 30 June 1953 at the signature of the Governments of all Contracting Parties to the General Agreement on Tariffs and Trade 1 And to that of the Governments of all States Members of the United Nations or of any other State to whom the Secretary-General of the United Nations has communicated, for that purpose, a copy of this Convention.

2. This Convention shall be subject to ratification or acceptance by the signatory governments in accordance with the procedure laid down in their constitution. Instruments of ratification or acceptance shall be deposited with the Secretary-General of the United Nations.


Art. X Accession

(1) This Convention shall be open for accession by the Governments of the States referred to in paragraph 1. 1 of the art. IX.

2. Accession shall be effected by means of the deposit of an instrument of accession with the Secretary-General of the United Nations.

Art. XI Entry into force

When fifteen of the governments referred to in s. IX shall have deposited their instruments of ratification, acceptance or accession, this Convention shall enter into force in respect of them on the thirtieth day after the date of deposit of the fifteenth instrument of ratification, acceptance or accession. It shall enter into force in respect of any other Government on the thirtieth day following the deposit of its instrument of ratification, acceptance or accession.

Art. XII Denunciation

(1) Where this Convention has remained in force for three years, any Contracting Party may denounce it by sending a notification to that effect to the Secretary-General of the United Nations.

2. Denunciation shall become effective six months after the date on which the Secretary-General of the United Nations receives notification.

Art. XIII Territorial Application

Any Government may, upon the deposit of its instrument of ratification, acceptance or accession, or at any time thereafter, declare in a notification addressed to the Secretary-General of the United Nations that this Convention shall apply To one or more of the territories it represents at international level and the Convention shall apply to the territories designated in the said notification from the thirtieth day after the date on which the Secretary-General of the United Nations Have received such notification or on the date on which the Convention enters into force under Of Art. XI if this last date is later.

2. Any government that, under s. 1 of this Article, has made a declaration extending this Convention to a territory which it represents at international level, may denounce the Convention for that particular territory, in accordance with the provisions of Art. XII.

Art. XIV Reservations

(1) Any State may, upon signature or the deposit of its instrument of ratification, acceptance or accession, declare that it will not consider itself bound by certain provisions of this Convention specified by it.

2. By notifying, in accordance with Art. XIII of this Convention, that the Convention shall apply to one or more of the territories which it represents on the international level, any State may make a declaration similar to that provided for in par. 1 of this Article for all the territories referred to in the notification or for any of them.

(3) Where a State shall formulate a reservation concerning any of the articles of this Convention at the time of signature, ratification, acceptance, accession or notification provided for in Art. XIII above, the Secretary-General of the United Nations shall communicate the text of this reservation to all States which are or may become parties to this Convention. Any State which has signed, ratified or accepted this Convention or acceded to it before the reservation has been formulated (or, if the Convention has not entered into force, which has signed, ratified, accepted or acceded to this Convention on the date of Its entry into force) will have the right to object to any of these reservations. If no State authorized to object has objected to the Secretary-General of the United Nations no later than ninetieth day after the date of its communication (or after the date of entry into force of the Convention if that date is later), the said reservation shall be considered accepted.

4. In the event that it receives an objection from a State which is entitled to submit it, the Secretary-General of the United Nations shall notify that objection to the State which has made the reservation by inviting him to inform him Is prepared to withdraw its reservation or if it prefers, as the case may be, to waive the ratification, acceptance, accession or application of the Convention to the territory (or territory) to which the reservation applied.

5. A State which has formulated a reservation in respect of which an objection has been made, in accordance with s. 3 of this Article, shall become a Contracting Party to the Convention only if that objection has been withdrawn or has ceased to be valid under the conditions set out in subs. 6 of the same article; he will not be able to claim the benefit of that Convention for a territory he represents on the international level in favour of which he has formulated a reservation which has given rise to an objection, in accordance with s. 3 of this Article, that if that objection has been withdrawn or has ceased to be valid under the conditions laid down in subs. 6 below.

6. Any objection formulated by a State which has signed the Convention without ratifying or accepting it shall cease to be valid if, within twelve months of the date on which it has formulated it, the said State has not ratified or accepted the Convention.

Art. XV Notification of signatures, ratifications, acceptances and accessions Scope of application February 9, 2007 Declaration

The Secretary-General of the United Nations shall notify all signatory and acceding States, as well as other States which so request, the signatures, ratifications and acceptances of this Convention, as well as the accessions to the said Convention The Convention shall also notify them of the date on which the Convention enters into force and any notification received by it under Art. XII and XIII.

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

Done at Geneva on November 7, mil nine hundred and fifty-two, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the United Nations. The Secretary-General of the United Nations shall transmit to all signatory States and adherents of the consistent copies of this Convention.

(Suivent signatures)

Scope of application February 9, 2007 2

States Parties

Ratification Accession (A) Declaration of succession (S)

Entry into force

Germany *

2 September

1955

20 November

1955

Australia

6 January

1956 A

5 February

1956

Austria

8 June

1956 A

July 8

1956

Belgium

August 28

1957

27 September

1957

Bosnia and Herzegovina

12 January

1994 S

6 March

1992

Canada

12 June

1974 A

July 12

1974

China

Hong Kong A

6 June

1997

1 Er July

1997

Cyprus

May 16

1963 S

August 16

1960

Congo, Kinshasa

May 31

1962 S

30 June

1960

Korea (South)

12 June

1978 A

July 12

1978

Croatia

August 31

1994 S

8 October

1991

Cuba *

April 26

1976 A

26 May

1976

Denmark

5 October

1955 A

20 November

1955

Egypt

29 September

1955 A

20 November

1955

Spain

9 September

1954 A

20 November

1955

United States

September 17

1957

17 October

1957

Fiji

October 31

1972 S

10 October

1970

Finland

27 May

1954 A

20 November

1955

France

7 February

1964 A

8 March

1964

Ghana

7 April

1958 S

March 5

1957

Greece

10 February

1955

20 November

1955

Guinea

8 May

1962 A

7 June

1962

Haiti

12 February

1958 A

March 14

1958

Hungary

3 June

1957 A

3 July

1957

India *

August 3

1954 A

20 November

1955

Indonesia

April 21

1954 A

20 November

1955

Iran

11 June

1970 A

July 11

1970

Ireland

April 23

1959 A

23 May

1959

Iceland

28 April

1977 A

28 May

1977

Israel

8 October

1957 A

7 November

1957

Italy

20 February

1958 A

22 March

1958

Jamaica

11 November

1963 S

August 6

1962

Japan

2 August

1955 A

20 November

1955

Kenya

3 September

1965 A

3 October

1965

Liberia

16 September

2005 A

October 16

2005

Luxembourg

9 September

1957 A

9 October

1957

Malaysia

August 21

1958 S

August 31

1957

Malta *

27 June

1968 S

21 September

1964

Mauritius

18 July

1969 S

12 March

1968

Mexico *

7 November

2000 A

7 December

2000

Montenegro

23 October

2006 S

3 June

2006

Nigeria

26 June

1961 S

1 Er October

1960

Norway

2 November

1954 A

20 November

1955

New Zealand

19 April

1957 A

19 May

1957

Cook Islands

19 April

1957 A

19 May

1957

Niue

19 April

1957 A

19 May

1957

Tokelau

19 April

1957 A

19 May

1957

Uganda *

15 April

1965 A

15 May

1965

Pakistan

12 October

1953 A

20 November

1955

Netherlands

3 May

1955 A

20 November

1955

Netherlands Antilles

3 May

1955 A

20 November

1955

Aruba B

24 December

1985

1 Er January

1986

Poland

18 February

1960 A

19 March

1960

Portugal

24 September

1956 A

24 October

1956

Czech Republic

2 June

1993 S

1 Er January

1993

Romania *

15 November

1968 A

15 December

1968

United Kingdom

21 October

1955

20 November

1955

Anguilla

5 February

1957 A

7 March

1957

Gibraltar

5 February

1957 A

7 March

1957

Isle of Man

21 October

1955 A

20 November

1955

Falkland Islands

5 February

1957 A

7 March

1957

British Virgin Islands

5 February

1957 A

7 March

1957

St. Helena

5 February

1957 A

7 March

1957

Rwanda

1 Er December

1964 S

1 Er July

1962

Serbia

12 March

2001 S

April 27

1992

Sierra Leone

13 March

1962 S

April 27

1961

Singapore

7 June

1966 S

August 9

1965

Slovakia

28 May

1993 S

1 Er January

1993

Slovenia

3 November

1992 S

25 June

1991

Sri Lanka

28 October

1959 A

27 November

1959

Sweden

23 February

1955

20 November

1955

Switzerland *

4 December

1954 A

20 November

1955

Tanzania *

28 November

1962 A

28 December

1962

Thailand

30 November

1994 A

December 30

1994

Tonga

11 November

1977 S

4 June

1970

Trinidad and Tobago *

April 11

1966 S

August 31

1962

Turkey

8 December

1956 A

7 January

1957

*

Reservations and declarations.

Reservations and declarations, with the exception of the declaration of Switzerland, 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.

A

Until 30 June 1997, the Convention was applicable to 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. According to 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.


Statement

Switzerland

The Convention also applies to the Principality of Liechtenstein, as long as it remains linked to Switzerland by a customs union treaty 3 .


RO 1955 1030; FF 1954 I 593


1 RO 1955 1029
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).
3 RS 0.631.112.514


Status on 9 February 2007