0.631.20 original text International Convention on the simplification and harmonization of customs procedures concluded at Kyoto on 18 May 1973 and approved by the Federal Assembly on 17 March 1976 Instrument of ratification deposited by the Switzerland on 13 April 1977 entry into force for the Switzerland on 13 July 1977 (State on February 3, 2006) preamble the Contracting Parties to this Convention developed under the auspices of the customs cooperation Council, noting that the disparities between the customs of the country are likely to hamper international trade, whereas it is in the interest of all countries to promote exchanges and international cooperation, whereas the simplification and harmonization of their customs procedures can effectively contribute to the development of international trade and other forms of international trade convinced that an international instrument proposing provisions that countries undertake to apply as soon as they have the possibility would lead progressively to a high degree of simplification and harmonization of customs procedures, which is one of the essential objectives of the customs cooperation Council, have agreed as follows: chapter I Definitions article 1 for the purposes of this Convention means: a) by «Board»: the organization established by the Convention establishing a customs cooperation Council, done at Brussels, 15 December 1950; b) by «Permanent technical Committee»: the permanent technical Committee Council; c) by «ratification»: proper ratification, acceptance or approval.
RS 0.631.121.2 Chapter II scope of the Convention and structure of annexes article 2. each Contracting Party undertakes to promote the simplification and harmonization of customs procedures and, to that end, to conform, in the conditions laid down by this Convention, to the standards and recommended practices contained in the annexes to this Convention. However, it is open to any contracting party to grant facilities greater than those provided for in the Convention and it is recommended to grant such facilities as far as possible.
S. 3. the provisions of this Convention do not put obstacle to the application of prohibitions and restrictions deriving from the national legislation.
S. 4 each Annex to this Convention consists in principle: a) an introduction which is the synthesis of the different issues in the annex; b) of definitions of the main customs terms that are used in this appendix; c) standards, which are provisions the general application of which is recognized necessary to achieve harmonization of customs procedures and their simplification; d) of recommended practices being those provisions which it is recognized they are a progress towards the harmonization and simplification of customs procedures and which as General as possible is deemed desirable; e) of notes to indicate some of the possibilities that can be selected for the application of the standard or the corresponding recommended practice.
S. 5 1. Each Contracting Party which accepts an annex shall be deemed to accept all standards and recommended practices set out in this annex, unless it shall notify to the Secretary general of the Council, at the time of acceptance of the said annex, or later, the standards and recommended practices for which she makes reservations indicating the differences existing between the provisions of its national legislation and standards and the practices in question. Any Contracting Party having entered reservations may, at any time, lift, in whole or in part, by notification to the Secretary-General specifying the date on which these reservations are lifted.
2. each Contracting Party bound by an appendix examines, at least every three years, the standards and recommended practices contained in this appendix and the subject which it entered reservations, compared to the provisions of its national legislation and notify the Secretary-General of the Council the results of this review.
Chapter III Role of the Council and Technical Committee permanent art. 6 1. The Council shall ensure, under this Convention, the management and its development. It decided, inter alia, to incorporate new annexes.
2. these purposes, the permanent technical Committee shall exercise, under the authority of the Council and guidelines, the following functions: a) prepare new annexes and to propose to the Council their adoption for incorporation into the Convention; b) propose to the Council the draft amendments to the Convention or annexes it deems necessary and, in particular, projects aimed to amend the text of the standards and recommended practices or to transform practices into standards; c) provide notice on matters concerning the application of the Convention; d) the tasks that the Council may assign to it in what concerns the provisions of the Convention.
S. 7 for the purposes of voting in the Council and the permanent technical Committee, each Annex is considered to constitute a separate agreement.
Chapter IV provisions various arts. 8. for the purposes of this Convention, annex or annexes into force for a Contracting Party are an integral part of the Convention; with respect to that Contracting Party any reference to the Convention apply also in this annex or annexes.
S. 9. the Contracting Parties which form a customs or economic may notify the Secretary general of the Commission that, for the application of an annex to this Convention, their territories are to be considered as a single territory. In all cases where, following such notification, differences exist between the provisions of this annex and those of the legislation applicable in the territories of the Contracting Parties, interested States formulate, in application of art. 5 of the Convention, a reservation with regard to standard or recommended practice in question.
Chapter V provisions finals s. 10 1. Any dispute between two or more Contracting Parties with respect to the interpretation or application of this Convention is set, as much as possible, by means of direct negotiations between Parties.
2. any dispute which is not settled by direct negotiation shall be referred by the Parties to the dispute to the permanent technical Committee which examines it and makes recommendations for its settlement.
3. If the Standing Technical Committee cannot resolve the dispute, he wears to the Council which makes recommendations in accordance with art. III (e) of the Convention establishing the Council.
4. the Parties to the dispute may agree in advance to accept the recommendations of the permanent technical Committee or the Council.
RS 0.631.121.2 s. 11 1. Any Member State of the Council and any Member State of the Organization 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 signing it subject to ratification; OUC) acceding.
2. this Convention shall be open until 30 June 1974 at Council headquarters in Brussels, the signature of the States referred to the by. 1 of this article. After this date, it will be open for their accession.
3. any State not a member of the organizations referred to in the by. (1) of this article, to which an invitation is addressed for that purpose by the Secretary-General of the Council, on the request of the Council, may become a Contracting Party to this Convention by acceding after its entry into force.
4 each of the States referred to the by. 1 or 3 of this section specifies, at the time of signing or ratifying this Convention or acceding annex or annexes it accepts, given that it must accept at least an annex. It may subsequently notify the Secretary-General of the Council that it accepts one or more other annexes.
5. the instruments of ratification or accession shall be deposited with the Secretary-General of the Council.
6. any new annex that the Council decides to incorporate in this Convention is communicated by the Secretary-General of the Council to the Contracting Parties to this Convention, to the other States signatories, States members of the Council that are not Contracting Parties to this Convention and to the Secretary-General of the United Nations. The Contracting Parties who accept this new annex shall notify the Secretary-General of the Council, in accordance with the by. 4 of this article.
7. the provisions of by. 1 of this article shall also apply to the customs or economic unions referred to in art. 9 of this Convention, to the extent where the obligations arising from the instruments establishing such customs or economic unions require their bodies to stipulate in their own name. These bodies are however not the right to vote.
S. 12 1. This Convention shall enter into force three months after five of the States referred to the by. 1 of art. 11 above have signed this Convention without reservation of ratification or have deposited their instruments of ratification or accession.
2. in respect of any State which signs this agreement without reservation of ratification, ratifying or acceding after five States have signed the Convention without reservation of ratification, or deposited their instruments of ratification or accession, the Convention shall enter into force three months after that State has signed without reservation of ratification or deposited its instrument of ratification or accession.
3. any annex to this Convention shall enter into force three months after five Contracting Parties have accepted that annex.
4. in respect of any State which accepts an annex after five States have accepted it, that annex enter into force three months after that State has notified its acceptance.
S. 13 1. Any State may, at the time of the signature without reservation of ratification, ratification or accession, or subsequently, notify the Secretary-General of the Council that the Convention extends to all or to some of the territories whose international relations are under its responsibility. This notification shall take effect three months after the date on which the Secretary-General receives. However, the Convention can only become applicable to the territories named in the notification before it entered into force for the State concerned.
2. any State which, under the by. 1 of this article extending this Convention to any territory for whose international relations are under its responsibility, may notify the Secretary general of the Council, in accordance with art. 14 of the Convention, that the territory will cease to apply the Convention.
S. 14 1. This Convention is 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. 12 of this Convention.
2. the denunciation shall be notified by a written instrument deposited with the Secretary-General of the Council.
3. the denunciation shall take effect six months after receipt of the instrument of denunciation by the Secretary-General of the Council.
4. the provisions of by. 2 and 3 of this article shall also apply in relation to the appendices to the Convention, any Contracting Party which, at any time after the date of their entry into force, as set out in art. 12, withdraw its acceptance of one or several annexes. The Contracting Party which withdraws its acceptance of all of the annexes shall be deemed to have denounced the Convention.
S. 15 1. The Council may recommend amendments to this Convention. Any contracting party to this Convention has been invited by the Secretary-General of the Council, to take part in the discussion of any proposal to amend this Convention.
2. the text of any amendment so recommended shall be communicated by the Secretary-General of the Council to the Contracting Parties to this Convention, the other signatory States and States members of the Council that are not Contracting Parties to this Convention.
3. within a period of six months from the date of communication of the recommended amendment, any Contracting Party or, if this is an amendment to an annex in force, any Contracting Party bound by that annex may inform the Secretary-General of the Council: a) that it has an objection to the recommended amendment b) either that, although it intends to accept the recommended amendment the conditions necessary for such acceptance are not yet fulfilled in its country.
4. as long as a Contracting Party which sent the communication provided for in the by. 3 b) of the present article has not notified its acceptance to the Secretary-General of the Council it can, for a period of nine months following the expiry of the period of six months prescribed in the by. 3 of this article, submit an objection to the recommended amendment.
5. If an objection to the recommended amendment is made under the conditions laid down in the by. 3 and 4 of this article, the amendment is deemed not to have been accepted and remains without effect.
6. If no objection to the recommended amendment made in accordance to the by. 3 and 4 of this article, the amendment is deemed accepted on the following date: a) If no Contracting Party has sent a communication in accordance with the by. 3 b) of this article, upon expiry of the period of six months referred to this by. 3, b) if one or more Contracting Parties have sent a communication in accordance with the by. (3 b) of this article, on the earlier of the following two dates: i) date on which all the Contracting Parties who have sent such a communication were notified to the Secretary-General of the Council their acceptance of the recommended amendment, this date being however postponed until the expiry of the period of six months referred to the by. 3 of this section if all acceptances have been notified previously to this expiration, ii) expiry date of the period of nine months referred to the by. 4 of this article.
7. any amendment deemed accepted shall enter into force six months after the date on which it was deemed accepted or, where the recommended amendment is accompanied by a timeout different commencement at the expiry of that period after the date on which it was deemed accepted.
8. the Secretary-General of the Council shall, as soon as possible, to the Contracting Parties to this Convention and to the other States signatories, any objection to the recommended amendment made in accordance with the by. 3A) of this article, as well as any communication made in accordance with the by. 3 (b)). Later he advised to the Contracting Parties and the other States signatories if the Contracting Parties which have sent such a communication raise an objection to the recommended amendment or accept it.
S. 16 1. Independently of the amendment procedure laid down in art. excluding the definitions it contains 15 of this Convention, any annex may be amended by decision of the Council. Any contracting party to this Convention has been invited by the Secretary-General of the Council, to take part in the discussion of any proposal to amend a schedule. The text of any amendment so decided is communicated by the Secretary-General of the Council to the Contracting Parties to this Convention, the other signatory States and States members of the Council that are not Contracting Parties to this Convention.
2. the amendments which have been the subject of a decision under the by. 1 of the present article shall enter into force six months after communication was made by the Secretary-General of the Council. Each Contracting Party bound by the appendix which is the subject of such amendments shall be deemed to have accepted those amendments unless it enters reservations under the conditions provided for in art. 5 of this Convention.
S. 17 1. Any State which ratifies this Convention or accedes thereto shall be deemed to have accepted any amendments entered into force on the date of the deposit of its instrument of ratification or accession.
2. a State which accepts an annex is deemed, unless he makes reservations in accordance with the provisions of art. 5 of this Convention, have accepted any amendments thereto which entered into force on the date on which it notifies its acceptance to the Secretary-General of the Council.
S. (18. the Secretary-General of the Council shall notify the Contracting Parties to this Convention, to the other States signatories, to the Member States of the Council that are not Contracting Parties to this Convention and to the Secretary-General of the Organization of the United Nations: a) signatures, ratifications and accessions referred to in art. 11 of this Convention; (b)) the date on which this Convention and each of its annexes shall enter into force in accordance with art. 12; c) notifications received in accordance with the art. 9 and 13; d) notifications and communications received pursuant to arts. 5, 16 and 17; e) denunciations received in accordance with art. 14, f) amendments deemed accepted pursuant to art. 15 and the date of their entry into force; g) amendments to the annexes adopted by the Council in accordance with art. 16, and the date of their entry into force.
S. 19 in accordance with art. 102 of the Charter of the United Nations, this Convention shall be registered with the Secretariat of the United Nations at the request of the Secretary-General of the Council.
In witness whereof, the undersigned being duly authorised thereto have signed this Convention.
Done at Kyoto, this eighteen may one thousand nine hundred seventy-three, in English and French languages, both texts being equally authentic, in a single copy which shall be deposited with the Secretary-General of the Council who shall transmit certified copies to all the States referred to the by. 1 of art. 11 of this Convention.
RS 0.120 list of annexes of the convention, to which the Switzerland is linked Appendix A. 1 - Annex concerning customs formalities prior to the lodgement of the declaration of goods Appendix A. 2 - Annex concerning temporary storage of goods Appendix A. 3 - Annex concerning customs formalities applicable to means of transport for commercial use annex B. 1 - Annex concerning the placing consumption annex B. 2 - Annex concerning the admission free of import duties and taxes on imports of goods declared for release for consumption annex B. 3 - Annex concerning reimportation in the State annex C. 1 - Annex concerning export as final Appendix D. 1 - Annex concerning rules of origin (FF 1975 II 795) Appendix D. 2-
Annex concerning documentary evidence of origin (FF 1975 II 803) Appendix D. 3 - Annex concerning the control of documentary evidence of origin Appendix E. 1 - Annex concerning Customs transit Appendix E. 3 - Annex concerning Customs (FF 1975 II 758) warehouses annex E. 4 - Annex concerning drawback (FF 1975 II 765) Appendix E. 5 - Annex concerning temporary admission subject to re-exportation in the State (FF 1975 II 769) Appendix E. 6 - Annex concerning the temporary admission for inward processing) FF 1975 II 778) Appendix E. 8 - Annex concerning temporary exportation for outward processing schedule F. 1 - Annex concerning free zones annex F. 3 - Annex concerning customs facilities applicable to travellers Appendix F. 4 - Annex concerning customs formalities applicable to postal traffic annex F. 5 - Annex concerning the urgent shipments Appendix E. 6 - Annex concerning the repayment of import duties and taxes on imports (FF 1975 II 816) Appendix G. 1 - Annex pertaining to the information provided by the Customs authorities Appendix G. 2 - Annex concerning relations between the Customs authorities and the third Annex H. 1 - annex on appeals in customs matters scope of application of the convention on 26 April 2005 States parties Ratification accession (A) Declaration of succession (S) Signature without reservation of ratification (if) entry into force Africa of South 19 May 1981 to 19 August 1981 Algeria 12 October 1976 to 12 January 1977 Germany 11 June 1974 if 25 September 1974 Saudi Arabia 18 March 1985 has 18 June 1985 Australia 3 December 1974 3 March 1975 Austria * 11 June 1974 if 25 September 1974 Belgium October 20, 1975 January 20, 1976 Botswana 5 July 1991 A 5 October 1991 Bulgaria 20 April 1982 has July 20, 1982 Burundi 25 June 1974 if 25 September 1974 Cameroon 12 January 1977 was 12 April 1977 Canada April 19, 1974, if 25 September 1974 China may 9, 1988 has 9 August 1988 Cyprus
October 25, 1976 January 25, 1977 European Community (EC/EU/EEC) 26 June 1974 if 26 September 1974 Congo (Kinshasa) October 24, 1977 January 24, 1978 (South) Korea 15 July 1983 A 15 October 1983 Croatia 29 September 1994 has 29 December 1994 Cuba November 3, 1995 3 February 1996 Côte d'Ivoire June 2, 1978 has 2 September 1978 Denmark June 28, 1974, if 28 September 1974 Spain 4 December 1979 4 March 1980 United States October 28
1983 to 28 January 1984 Finland * 23 November 1977 February 23, 1978 France June 28, 1974 if 28 September 1974 Gambia January 16, 1974 if 25 September 1974 Greece 15 July 1988 was October 15, 1988 Hungary 18 December 1981 has 18 March 1982 India 18 October 1976 has 18 January 1977 Ireland 27 June 1974 if 27 September 1974 Israel 31 March 1977 to 30 June 1977 Italy 28 June 1974 Si 28 September 1974 Japan 10 June 1976
September 10, 1976 Kenya 31 August 1983 December 1, 1983 Lesotho 14 May 1982 has 14 August 1982 Latvia 10 December 1998 to 10 March 1999 Liechtenstein April 13, 1977 July 13, 1977 Lithuania 14 February 2003 A May 15, 2003 Luxembourg June 28, 1974 if 28 September 1974 Malaysia June 8, 1983 has 8 September 1983 Malawi 29 March 1993 has 29 June 1993 Morocco 2 June 1987 2 September 1987 Nigeria 6 July 1976 A October 6
1976 Norway August 5, 1975 November 5, 1975 New Zealand * August 20, 1975 20 November 1975 Uganda July 11, 1989 to October 11, 1989 Pakistan 9 January 1981 April 9, 1981 Netherlands 8 June 1977 September 8, 1977 Poland 11 February 1980 A may 11, 1980 Portugal 2 February 1982 has 2 May 1982 Czech Republic 1 January 1993 S 18 March 1991 United Kingdom 27 June 1974 if September 27, 1974 Isle of Man 14 May 1975 to 14 August
1975 islands of the channel 14 May 1975 A 14 August 1975 Rwanda April 22, 1981 A 22 July 1981 Senegal 18 May 1983 18 August 1983 Serbia - and - Montenegro 21 October 1993 12 February 1983 Slovakia 5 February 1993 S 18 March 1991 Slovenia 23 November 1992 has February 23, 1993 Sri Lanka 19 December 1984 to March 19, 1985 Sweden August 31, 1976 30 November 1976 Switzerland April 13, 1977 July 13, 1977 Turkey 15 May 1995 A
15 August 1995 Viet Nam 4 July 1997 has 4 October 1997 Zambia 21 May 1984 has 21 August 1984 Zimbabwe 20 June 1988 20 September 1988 * reservations and declarations.
Reservations and declarations, with the exception of Switzerland, are not published to the RO. They can be consulted at the address of the Web Site of the World Customs Organization: www.wcoomd.org/ie/fr/Conventions/conventions.html or obtained from Directorate-General of customs, International Affairs Division, 3003 Berne.
Reservations and declarations Switzerland the convention extends its effects to the Principality of Liechtenstein as long as it is linked to the Swiss Confederation by a customs union treaty.
Scope of the annexesle April 26, 2005 presents the conv. is still valid for the Switzerland that in relation to the Contracting States which are not parties to the Prot. Amendment of June 26, 1999 (RS 0.631.21).
S. l of FY March 17, 1976 (RO 1977 1435) the text of annexes and reservations made by Switzerland with respect to certain of their provisions can be consulted with the General Directorate of customs, International Affairs Division, 3003 Berne.
RO 1989 1158 modified by Decisions No, 241 and 248 of the customs cooperation Council, in force since August 11, 1987 (RO 1987 1358).
Amended by Decisions n, 241 and 248 of the customs cooperation Council, in force since August 11, 1987 (RO 1987 1358).
RS 0.631.112.514 the scope of annexes is not published in the RO. It can be accessed at the website of the World Customs Organization: www.wcoomd.org/ie/fr/Conventions/conventions.html or obtained from Directorate-General of customs, International Affairs Division, 3003 Berne.
See RO 2005 2229 State on February 3, 2006