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RS 0.631.251.4 Customs Convention of 4 June 1954 on the temporary importation of private road vehicles (with final act)

Original Language Title: RS 0.631.251.4 Convention douanière du 4 juin 1954 relative à l’importation temporaire de véhicules routiers privés (avec acte final)

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0.631.251.4

Original text

Customs Convention on the Temporary Importation of Private Road Vehicles

Conclue 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

Entry into force for Switzerland on 15 December 1957

(State 1 Er April 2015)

The Contracting Parties S 2 ,

Wishing to facilitate the development of international tourism,

Considering the objects of the Convention on Road Traffic adopted by the United Nations Conference on Road Transport and Motor Transport held in Geneva from 23 August to 19 September 1949, and opened for signature in Geneva September 19, 1949.

Decided to conclude a Convention and agreed to the following provisions:

Chapter I Definitions

Art. 1

For the purposes of this Convention:

A. 1
By "import duties and taxes", customs duties and any other duties, taxes and other charges or charges levied on the importation or importation of the goods covered by this Convention, to The exclusion of charges and charges, the amount of which is limited to the approximate cost of services rendered;
B.
By "vehicles", unless the opposite is the result of the context, all motor vehicles (including motor cycles) and trailers (imported with the vehicle or separately), as well as their spare parts, accessories and Normal equipment imported with the vehicle;
C.
"Private use" means the use for purposes other than the transportation of persons for remuneration, bonus or other material benefit, and other than industrial or commercial transportation of goods with or without remuneration;
D.
By 'temporary importation title' means the customs document to verify the guarantee or the recording of import duties and taxes 2 ;
E. 3
By "persons", both natural and legal persons, unless the opposite is the result of the context;
F. 4
By "issuing association", an association authorized to issue temporary importation papers;
G. 5
By "guaranteeing association" means an association approved by the customs authorities of a Contracting Party to provide security for persons who use temporary importation papers;
H. 6
By 'international organisation' means an organisation to which national associations are affiliated, which are entitled to issue and guarantee temporary import titles;
I. 7
"Contracting Party" means a State or a regional economic integration organization, a party to this Convention;
J. 8
By 'regional economic integration organisation' means an organisation set up and composed by the states referred to in s. 1 of the art. 33 of this Convention and having jurisdiction to adopt its own legislation which is compulsory for its member States in the matters covered by this Convention and to decide, in accordance with its internal procedures, to accede to the present Convention Convention.

1 New content according to the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).
2 New content according to the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159). This mod has been taken into account. Throughout the text.
3 New content according to the mos. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).
4 Introduced by the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).
5 Introduced by the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).
6 Introduced by the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).
7 Introduced by the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).
8 Introduced by the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).

Chapter II Duty-free import duty and import duties without prohibitions or import restrictions

Art. 2

(1) Each Contracting Party shall permit, on a temporary basis, import duties and taxes, without prohibitions or restrictions on imports, for re-export and under the other conditions provided for in this Convention, the Vehicles belonging to persons who have their normal residence outside its territory and which are imported and used for their private use on the occasion of a temporary visit, either by the owners of those vehicles or by others Persons who have their normal residence outside their territory.

2. 1 Contracting Parties may, under the conditions laid down in this Convention, prescribe that such vehicles be placed under the cover of a temporary importation guarantee for the payment of import duties and taxes or Equivalent amount, subject to special provisions of subs. 4 of Art. 27, in the case of non-re-exportation within the time limits of the vehicle covered by the title in question.


1 New content according to the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).

Art. 3

No import duties and taxes shall be allowed without prohibitions or restrictions on imports, the fuels and fuels contained in the normal tanks of vehicles imported temporarily, on the understanding that the fuel tank Normal is the one provided by the manufacturer for the type (I vehicle in question.

Art. 4

1. Spare parts imported for use in the repair of a specified vehicle already imported temporarily shall be admitted temporarily free of import duties and taxes and without prohibition or import restrictions. Contracting Parties may require that such documents be placed under the cover of a temporary importation title.

2. Replaced parts not re-exported shall be subject to import duties and taxes unless, in accordance with the regulations of the country concerned, they are abandoned free of all charges to the public treasury or destroyed, Official control, at the expense of the persons concerned.

Art. 5

It shall be admitted for the benefit of the exemption from import duties and taxes, and without prohibitions or restrictions on imports, the forms for temporary importation and international movement (intended to be issued to persons Resident in the country of importation of the said forms which wish to travel to other countries), and which are sent to the associations (of tourism) authorised by the corresponding foreign associations, by international organisations or by The customs authorities of the Contracting Parties.

Chapter III Issuance of temporary importation papers

Art. 6

1. In accordance with the guarantees and under the conditions which it may determine, each Contracting Party may authorize associations, in particular those affiliated with an international organization, to issue, either directly or by The temporary importation papers provided for in this Convention.

2. Temporary importation papers may be valid for a single country or customs territory or for several countries or customs territories.

3. The term of validity of such securities may not exceed one year from the date of issue.

Art. 7

1. Temporary import titles valid for the territories of all Contracting Parties or of several Contracting Parties shall be referred to as "Customs pass books" and shall conform to the model set out in the Annex 1 of this Convention.

2. If the carnet de passages en douane is not valid for one or more territories, the association issuing the title must mention it on the cover and the entry panes of the carnet.

3. 1 Temporary import titles valid exclusively for the territory of a single Contracting Party may conform to the model set out in Annex 2 to this Convention. Contracting Parties may also use other documents in accordance with their legislation or regulations.

4. The duration of validity of temporary importation papers other than those granted, in accordance with Article 6, by authorized associations shall be fixed by each Contracting Party following its legislation or regulation.

5. Each Contracting Party shall transmit to the other Contracting Parties, on their application, the models of temporary import titles valid on its territory and other than those contained in the Annexes to this Convention.


1 New content according to the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).

Chapter IV Indications for Temporary Importation Titles

Art. 8

Temporary importation papers issued by authorized associations are established on behalf of persons who own or enjoy temporarily imported vehicles. In the case of leased vehicles, the securities must be established on behalf of the lessee.

Art.

1. The weight to be reported on 1 Temporary importation papers is the empty weight of vehicles. It must be expressed following the units of the metric system. In the case of titles valid for one country, the customs authorities of that country may prescribe the use of another system.

2. The value to declare on 2 Temporary importation papers valid for a single country must be expressed in the currency of that country. The value to be reported on a carnet of customs entries must be expressed in the currency of the country in which the carnet is issued.

3. Objects and equipment that make up the normal equipment of vehicles do not have to be specifically declared on temporary importation papers.

4. Where the customs authorities so require, spare parts (such as wheels, tyres, air chambers) and accessories not considered to constitute the normal equipment of the vehicle (such as: radio apparatus, trailers Not the object of a separate document and luggage rack) must be declared on 3 Temporary importation papers, with the necessary indications (such as weight and value) and be represented at the exit of the country visited.


1 New content according to the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).
2 New content according to the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).
3 New content according to the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).

Art. 10

Any changes to the indications worn on 1 Temporary importation papers by the issuing association must be duly approved by this association or by the guaranteeing association. No amendment shall be permitted after the customs authorities of the importing country take charge of the securities without the consent of those authorities.


1 New content according to the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).

Art. 11

Vehicles located under the cover of temporary importation papers may be used, for their private use, by third parties duly authorised by the holders of such securities, having their normal residence outside the country of importation and Fulfilling the other conditions laid down in this Convention. The customs authorities of the Contracting Parties shall have the right to require proof that such persons have been duly authorised by the holders of the titles and satisfy the above conditions. If the justifications provided do not appear to be sufficient, the customs authorities may object to the use of the vehicles in their country under the headings in question. With respect to leased vehicles, each Contracting Party may, in the event of a fear of abuse, require that the holder of the temporary importation title be present at the time of importation of the vehicle.

2. Notwithstanding the provisions of the preceding paragraph, the customs authorities of the Contracting Parties may, in exceptional cases and under the conditions of which they remain alone judges, tolerate that a vehicle travelling under the cover of a Temporary importation is led by a person whose normal residence is in the country of importation of the vehicle, in particular when the driver drives the car for the account and the instructions of the holder of the title Temporary import.

Chapter V Temporary Importation Conditions

Art. 12

Vehicles taken over a temporary importation title shall be re-exported in the same manner, taking into account normal wear and tear, within the period of validity of that title. In the case of leased vehicles, the customs authorities of the Contracting Parties shall have the right to require the re-export of the vehicle at the time the tenant leaves the country of temporary importation.

2. The proof of re-exportation is provided by the exit visa regularly affixed to a temporary import permit by the customs authorities of the country where the vehicles were temporarily imported.

Art. 13

Notwithstanding the obligation to re-export under s. 12, in the event of a duly established accident, the re-export of severely damaged vehicles shall not be required, provided that they are, following what the customs authorities require:

A.
Be subject to the import duties and taxes owing on the species;
B. 1
Either abandoned francs of all charges to the State Treasury of the country of temporary importation, in which case the holder of the temporary importation title will be exempt from import duties and taxes;
C. 2
Either destroyed, under official control, at the expense of the persons concerned, the waste and the recovered parts being subject to the import duties and taxes due in the present case.

2. Where a vehicle that is temporarily admitted cannot be re-exported as a result of a seizure differing from those used at the request of individuals, the obligation to re-export within the period of validity of the temporary importation papers shall be Suspended for the duration of the seizure.

3. As far as possible, the customs authorities shall notify the guaranteeing association of the seizures made by them or their initiative on vehicles placed under the cover of a temporary importation title guaranteed by that association and The measures they intend to adopt.


1 New content according to the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).
2 New content according to the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).

Art. 14

Vehicles in the territory of one of the Contracting Parties, under the cover of a temporary importation title, may not be used, even incidentally, in transport against pay, premium or otherwise Material advantage, between points within the boundaries of that territory.

Art. 15

The beneficiaries of temporary importation shall have the right to import as many times as necessary, during the period of validity of the temporary importation papers, the vehicles taken on these securities, subject to the declaration of each passage (entry and exit), if required by the customs authorities, by a visa of the customs officers concerned. However, valid titles may be issued for a single trip.

Art. 16

Where temporary importation papers are used without detachable components at each crossing, the visas issued by customs officers between the first entry and the last exit are provisional. However, when the last visa issued is a temporary exit visa, the visa is accepted as a justification for the re-exportation of the vehicle or spare parts imported temporarily.

Art. 17

Where temporary importation papers are used with detachable components at each crossing, each entry shall bear the title by customs and each subsequent finding shall contain its discharge Subject to the provisions of Art. 18.

Art. 18

Where the customs authorities of a country have definitively and without reservation a temporary importation title, they may no longer claim to the guaranteeing association the payment of import duties and taxes unless the certificate of Discharge was not improperly or fraudulently obtained.

Art. 19

Visas for temporary importation papers used under the conditions laid down in this Convention shall not be subject to payment of remuneration for the customs service during the opening hours of the offices or customs offices.

Chapter VI Extension of validity and renewal of temporary importation papers

Art. 1

In addition to the lack of recognition of the re-exportation of vehicles temporarily imported when they are presented to the customs authorities for re-export within 14 days from the expiry date Of the time limit for the temporary admission of these vehicles and that satisfactory explanations are provided to justify the delay.


1 New content according to the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).

Art. 1

With respect to the diaries for customs purposes, each Contracting Party shall recognize as valid the validity extensions granted by any of them, in accordance with the procedure set out in Annex 3 to this Convention.


1 New content according to the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).

Art.

(1) Applications for the extension of validity of temporary importation papers shall be submitted to the competent customs authorities before the expiry of those titles, unless it is impossible to comply with a case of force majeure. If the temporary importation title has been issued by an authorized association, the request for an extension must be submitted by the association guaranteeing it.

2. Extensions of time necessary for the re-export of temporarily imported vehicles or parts will be granted where the persons concerned can establish to the satisfaction of the customs authorities that they are prevented by a case of Force majeure to re-export such vehicles or spare parts within the specified period.

3. 1 The validity of temporary importation papers may be extended only once for a period not exceeding one year. After this period, a new notebook must be issued and supported, replacing the previous one.


1 Introduced by the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).

Art.

Each of the Contracting Parties shall authorise, subject to such control measures as it deems necessary, the renewal of temporary importation papers issued by authorised associations relating to vehicles or spare parts Temporarily imported into its territory, except where the temporary import conditions are no longer fulfilled. The application for renewal shall be submitted by the guaranteeing association.

Chapter VII Regularisation of temporary importation papers

Art. 24

1. If the temporary importation papers have not been regularly unloaded, the customs authorities of the importing country accept (before or after expiry of the titles), as a justification for the re-exportation of the vehicle or spare parts, The presentation of a certificate in accordance with the model set out in Annex 4 1 Of this Convention issued by an official authority (consul, customs, police, mayor, bailiff, etc.) and certifying that the above-mentioned vehicle or spare parts have been submitted to that authority and are outside the country of importation. Instead, they shall accept any other valid justification establishing that the vehicle or spare parts are outside the country of temporary importation. If this is not a Customs pass book, and where the title is not expired, the title is produced at the same time as the justification provided above. In the case of a carnet, the customs authorities shall accept as justification for the re-export of the vehicle or parts of the transit visas affixed by the customs authorities of the countries subsequently visited. 2

2. In the event of the destruction, loss or theft of a temporary importation title, which has not been regularly unloaded but which relates to a vehicle or spare parts that have been re-exported, the customs authorities of the importing country Accept, as a justification for re-exportation, the submission of a certificate in accordance with the model set out in Schedule 4 3 Of this Convention issued by an official authority (consul, customs, police, mayor, bailiff, etc.) and certifying that the above-mentioned vehicle or spare parts have been submitted to the said authority and are outside the country of importation After the due date of the security. Instead, they shall accept any other valid justification establishing that the vehicle or spare parts are outside the country of temporary importation. 4

3. In the event of the destruction, loss or theft of a carnet of customs passages relating to a vehicle or spare parts in the territory of one of the Contracting Parties, the customs authorities of that Party shall Request of the association concerned, the assumption of a replacement title whose validity expires on the expiry date of the validity of the replaced carnet. This assumption cancels the previous assumption of the destroyed, lost or stolen notebook. In the case of misuse of a carnet after the cancellation of its validity by the customs authorities and the issuing association, the latter cannot be held responsible for the import duties and taxes payable. 5 If, for the purpose of re-exportation of the vehicle or spare parts, it is granted, instead of a replacement title, an export permit or a similar document, the exit visa affixed to that licence or document shall be accepted as Rationale for re-exportation.

4. When a vehicle is stolen after having been re-exported from the country of importation, without the fact that the exit has been regularly detected on the temporary importation title and without the entry of the entry visas issued by the authorities Customs of the countries subsequently visited, this title may nevertheless be regularised, provided that the guaranteeing association presents it and provides proof of the flight which will be considered satisfactory. If the title is not expired, the deposit may be required by the customs authorities.


1 New ch. According to the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).
2 New Content of 2 E To 4 E Phrases according to the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).
3 New ch. According to the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).
4 New content of the last sentence according to the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).
5 3 E Phrase introduced according to mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).

Art. 25

In the cases referred to in s. 24, the customs authorities reserve the right to charge a settlement fee.

Art. 25 Bis 1

The competent customs authorities shall refrain from requiring the payment of import duties and taxes when it has been justified to their satisfaction that a vehicle imported under the cover of a temporary importation title can no longer be Exported because it will have been destroyed or irreparably lost due to force majeure.


1 Introduced by the mod. Adopted by the CF on 20 February 1985, in force since 2 Apr. 1985 (RO 1985 304).

Art. 26

The customs authorities shall not have the right to require payment of the duties and taxes on importation of the guaranteeing association as a result of vehicles or spare parts imported temporarily when the non-discharge of the temporary importation title has not been granted. Not notified to that association within one year from the date of expiry of the validity of that title. The customs authorities shall provide the guaranteeing associations with information on the amount of import duties and taxes within one year from the notification of the non-discharge. The liability of the guaranteeing association for such sums shall terminate if such information is not provided within that one year period. 1


1 2 E And 3 E Sentences introduced by the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).

Art. 27

The guaranteeing associations shall have a period of one year from the date of notification of the non-discharge of temporary importation papers to provide proof of the re-export of the vehicles or spare parts in question under the conditions Under this Convention. However, this period can only take effect from the expiry date of the temporary importation papers. If the customs authorities dispute the validity of the evidence submitted, they must inform the guarantor within a period not exceeding one year. 1

2. If such proof is not provided within the authorised time limits, the guaranteeing association shall record or pay provisionally within a maximum period of three months the import duties and taxes to be recovered. 2 Such consignment or payment shall become final at the expiration of one year from the date of the consignment or provisional payment. During the latter period, the guaranteeing association may still, with a view to the return of the sums recorded or paid, benefit from the facilities provided for in the preceding paragraph.

3. For countries whose rules do not include the system of consignment or provisional payment of import duties and taxes, the perceptions that would be made in accordance with the provisions of the preceding paragraph shall have a To the extent that the amounts collected may be refunded when the conditions laid down in this Article are met.

4. In the event of non-discharge of a temporary importation title, the guaranteeing association may not be required to pay an amount greater than the amount of the entry fees and taxes applicable to vehicles or spare parts not re-exported, increased May be of interest for delay.


1 2 E And 3 E Sentences introduced by the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).
2 New content according to the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).

Art. 28

In the event of fraud, contravention or abuse, Contracting Parties shall have the right, notwithstanding the provisions of this Convention, to bring, in order to recover import duties and taxes, and to impose penalties Persons would be liable to prosecution of persons using temporary importation papers. 1 In this case, the guaranteeing associations must assist the customs authorities.


1 New content according to the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).

Chapter VIII Miscellaneous Provisions

Art.

The Contracting Parties shall endeavour not to establish customs formalities which may have the effect of impeding the development of international tourism.

Art.

With a view to speeding up the completion of customs formalities, the neighbouring Contracting Parties will endeavour to achieve the juxtaposition of their customs facilities and to coincide the opening hours of the offices and customs posts Corresponding.

Art.

Any infringement of the provisions of this Convention, any substitution, false declaration or manoeuvre which has the effect of unduly benefiting a person or an object of the import regime provided for in this Convention shall expose the In the country where the offence was committed, the penalties provided for in the legislation of that country.

Art. 32

Nothing in this Convention shall exclude the right of Contracting Parties which form a customs or economic union to provide for special rules applicable to persons resident in that Contracting Party. Union.

Art. 32 Bis 1

This Convention shall not preclude the application of the greater facilities which Contracting Parties grant or wish to grant, either through unilateral provisions or under bilateral or multilateral agreements, under The facilities thus granted shall not hinder the application of the provisions of this Convention. It is recommended that Contracting Parties waive the requirement for temporary importation papers and guarantees.


1 Introduced by the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).

Chapter IX Final clauses

Art. 33

This Convention 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 Convention shall be ratified and the instruments of ratification shall be deposited with the Secretary-General of the United Nations.

Art. 34

1. From 1 Er January 1955, any State referred to in paragraph 1. 1 of the art. 33 and any other State which has been invited by the Economic and Social Council of the United Nations may accede to this Convention. Membership will also be possible on behalf of any Territory under which the United Nations is the administering authority.

1 Bis Any organisation of regional economic integration may, in accordance with the provisions of par. 1 of this Article, to become a Contracting Party to this Convention. Such an organization having acceded to this Convention shall inform the Secretary-General of the United Nations of its competence and of any subsequent changes in that competence in relation to the matters covered by the Convention. Present Convention. The organisation and its Member States may decide, without derogation from the obligations arising from this Convention, on their respective responsibilities for the fulfilment of their obligations in relation to this Convention. 1

(2) Accession shall be made by the deposit of an instrument of accession with the Secretary-General of the United Nations.


1 Introduced by the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).

Art. 35

(1) This Convention shall enter into force on the ninetieth day after the date of the deposit of the fifteenth instrument of ratification or accession without reservations or reservations accepted in accordance with the conditions laid down in Art. 39.

2. For each State or organization of regional economic integration 1 Which has ratified or acceded to it after the date of deposit of the fifteenth instrument of ratification or accession provided for in the preceding paragraph, the Convention shall enter into force on the ninetieth day after the date of deposit, by that State or This regional economic integration organization 2 Of its instrument of ratification or accession without reservations or reservations accepted in accordance with the conditions laid down in Art. 39.


1 A term introduced by the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).
2 A term introduced by the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).

Art. 36

After the present Convention has been in force for three years, any Contracting Party 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.

This Convention shall cease to have effect if, at any time after its entry into force, the number of Contracting Parties is less than eight for a period of twelve consecutive months.

Art. 38

(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 Convention shall apply to Any or all of the territories it represents internationally. The Convention shall be applicable to the territories mentioned in the notification either from the ninetieth day after receipt of that 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. 39, either on the date on which the Convention 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 Convention applicable to a territory which it represents on the international level may, in accordance with Art. 36, denounce the Convention in respect of that territory alone.

Art. 39

(1) Reservations to this Convention 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 Convention presented after the signature of the Final Act shall not be admissible if one third of the signatory States or of the Contracting Parties object to it under the conditions set out below.

(3) The text of any reservation submitted by a State or regional economic integration organization to the Secretary-General of the United Nations upon signature, the deposit of an instrument of ratification or accession, or of any Notification under s. 38, shall be communicated by the Secretary-General to all Contracting Parties which have signed, ratified or acceded to the Convention. 1 The reservation shall not be accepted if one third of those Contracting Parties shall formulate an objection within ninety days of the date of communication. The Secretary-General shall inform all Contracting Parties referred to in this paragraph of any objections to it, as well as the acceptance or rejection of the reservation.

4. Any objection formulated by a State which has signed the Convention but will not have ratified it shall cease to have effect if the objecting State does not ratify the Convention 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 Contracting Parties 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 Convention within three years of the date of signature on its behalf.

The Contracting Party 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. 38, then take effect for that Contracting Party 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. 2 Contracting Parties are not required to grant to the requesting Contracting Party the benefits provided for in the provisions of the Convention which have been the subject of that reservation. Any Contracting Party which will have recourse to this option shall notify the Secretary-General. The Secretary-General shall then inform the signatory States and Contracting Parties.


1 New content according to the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).
2 New content according to the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).

Art. 40

1. Any dispute between two or more Contracting Parties concerning the interpretation or application of this Convention shall, as far as possible, be settled by negotiation between the Parties in dispute.

(2) Any dispute which has not been settled by negotiation shall be referred to arbitration if any of the Contracting Parties in dispute so requests and shall, accordingly, be referred to one or more arbitrators chosen by mutual agreement Contracting Parties in dispute. If, within three months of the date of the request for arbitration, the Contracting Parties in dispute fail to agree on the choice of an arbitrator or arbitrators, any of those Contracting Parties may apply to the President of the Court International Court of Justice to designate a single arbitrator to whom 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 Parties concerned.

Art.

After the present Convention has been in force for three years, any Contracting Party may, by notification addressed to the Secretary-General of the United Nations, request the convening of a conference to review This Convention. The Secretary-General shall notify all Contracting Parties of this request and shall convene a Review Conference if, within four months from the date of the notification addressed by him, at least half of the Contracting Parties Signify their consent to this request.

(2) If a conference is convened in accordance with the preceding paragraph, the Secretary-General shall notify all Contracting Parties 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 Parties 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 Parties and all other States Members of the United Nations or of one of the specialized agencies.

Art.

Any Contracting Party may propose one or more amendments to this Convention. The text of any proposed amendment shall be communicated to the Secretary-General of the United Nations, who shall transmit it to all Contracting Parties.

(2) Any draft amendment which has been transmitted in accordance with the preceding paragraph shall be deemed to have been accepted if no Contracting Party raises an objection within six months of the date on which the Secretary-General has transmitted The draft amendment. For matters within their competence, regional economic integration organizations which are Contracting Parties to this Convention shall exercise their right to object. Where such is the case, the member States of those organizations which are Contracting Parties to this Convention shall not be entitled to exercise that right on an individual basis. 1

The Secretary-General shall make known to all Contracting Parties 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 Parties Three months after the expiry of the six-month period referred to in the preceding paragraph.


1 2 E And 3 E Sentences introduced by the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).

Art. 43

The Secretary-General of the United Nations shall notify all Contracting Parties and all member States of the United Nations: 1

A.
Signatures, ratifications and accessions received in accordance with Art. 33 and 34;
A Bis . 2 Any information on the competence of regional economic integration organisations and any subsequent changes in that competence in accordance with subs. 1 Bis Of Art. 34;
B.
The date on which this Convention enters into force in accordance with Art. 35;
C.
Denunciations received pursuant to s. 36;
D.
The repeal of this Convention in accordance with Art. 37;
E.
Notifications received in accordance with Art. 38;
F.
The entry into force of any amendment in accordance with Art. 42.

1 New content according to the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).
2 New content according to the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).

Art. 44 1

The original of this Convention shall be deposited with the Secretary-General of the United Nations, who shall transmit certified copies thereof to all Contracting Parties and to all Members of the United Nations United.

In witness whereof, The undersigned, duly authorized, have signed this Convention.

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 Convention, a translation into the authoritative Chinese and Russian languages, and to attach the Chinese and Russian texts to the English, Spanish and French texts when transmitting them to the States Certified copies referred to in s. 44 of this Convention.

(Suivent signatures)


1 Introduced by the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).

Annex 1 1

Customs Crossings Carnet

The customs entry log used in any given region may be in any other official language of the United Nations, or English or French must be one.

The dimensions are 21 × 29.7 cm.

The association that issues the Carnet must include its name on each of the components and follow that name from the initials of the international organization to which it is affiliated.


1 Introduced by the mod. Approved by the CF on January 20, 1993 (RO 1993 1159). The models published in the RO 1993 1159 are not included in this compendium. Updated according to mod. Accepted by the States Parties to the Conv. 1 Er Jan. 2015, effective from 1 Er Apr 2015 (RO 2015 831).


State 1 Er April 2015

Annex 2 1

Triptych

All printed references to the triptych are written in the national language of the country of import and may, in addition, be written in another language.

The dimensions are 13 × 29.5 cm.

1 Input Pane

This component must be detached and retained by the customs office of entry.

Triptych n O

For (Validity country)

Valid until ......................................................... inclusive

Garanti By

Issued By

Holder) (in

Normal residence) Letters

Or operating seat) Uppercase)

For an internal combustion automobile,)

Electric, steam; a trailer;) Rayer

Type (car, bus, truck, pickup truck,) The words

Tractor, motorcycle with or without side -) Unnecessary

Because, cycle with auxiliary engine))

Registered in .......................... under n O

Brand Chassis

Number

Brand Engine

Number

Number of cylinders

Force in Horses

Carrosserie Type or Form

Color

Interior Garnish

Number of seats or payload

Passage Visas

Signatures and Stamps at the Date Customs Offices

Output

Entrance

Output

Entrance

Output

Entrance

Output

Entrance

Output

Entrance

Output

Entrance

Output

Entrance

Output

Entrance

Output

Entrance

Output

Entrance

Output

Entrance

Output

Entrance

Output

Entrance

Output

3 Pane to be retained by the holder

This component shall be retained by the holder after being stamped and signed by the customs authorities at the time (1 °) of the first entry into ............... and (2 °) of the final re-export of ................. and shall be returned to ................ (association that issued the document to the holder).

Triptych n O

For (Validity country)

Valid until ......................................................... inclusive

Garanti By

Issued By

Holder) (in

Normal residence) Letters

Or operating seat) Uppercase)

For an internal combustion automobile,)

Electric, steam; a trailer;) Rayer

Type (car, bus, truck, pickup truck,) The words

Tractor, motorcycle with or without side -) Unnecessary

Because, cycle with auxiliary engine))

Registered in .......................... under n O

Brand Chassis

Number

Brand Engine

Number

Number of cylinders

Force in Horses

Customs office stamp

Customs office stamp

Alternative Tires

Radio apparatus (indicate mark)

Miscellaneous

Vehicle net weight, kg

Vehicle Value

Entry Date

By the office of

Supported Pane under n O

Signature of Customs Officer:

Do not omit to complete the corresponding part of the components in the same way Bone 1 and 2.

Customs office stamp

Carrosserie Type or Form

Color

Interior Garnish

Number of seats or payload

Alternative Tires

Radio apparatus (indicate mark)

Miscellaneous

Vehicle net weight, kg

Vehicle Value

Entry Date

By the office of

Supported Pane under n O

Signature of Customs Officer:

Do not omit to complete the corresponding part of the components in the same way Bone 1 and 2.

Final re-export date

By the office of

Signature of Customs Officer:

Do not omit to do the same part of part n O 2.

Triptych n O

For (Validity country)

This vehicle is admitted for import, for the holder to re-export no later than the date mentioned above and to comply with the laws and customs regulations on the temporary importation of motor vehicles in the country visited, Under the guarantee of .............................................. (guaranteeing association), by virtue of a commitment made by that association to ........................................................... (customs authorities).

.................................................., on ................... 19

Signature of the Secretary of the guaranteeing association

Signature of the holder

2 Output Pane

This component must be detached and retained by the customs office of exit to be returned to the customs office of first entry.

Triptych n O

For (Validity country)

Valid until ......................................................... inclusive

Garanti By

Issued By

Holder) (in

Normal residence) Letters

Or operating seat) Uppercase)

For an internal combustion automobile,)

Electric, steam; a trailer;) Rayer

Type (car, bus, truck, pickup truck,) The words

Tractor, motorcycle with or without side -) Unnecessary

Because, cycle with auxiliary engine))

Registered in .......................... under n O

Brand Chassis

Number

Brand Engine

Number

Number of cylinders

Force in Horses

Carrosserie Type or Form

Color

Interior Garnish

Number of seats or payload

Customs office stamp

Customs office stamp

Alternative Tires

Radio apparatus (indicate mark)

Miscellaneous

Vehicle net weight, kg

Vehicle Value

Entry Date

By the office of

Supported Volets under n O

Signature of Customs Officer:

Do not omit to complete the corresponding part of the components in the same way Bone 1 and 3.

Final re-export date

By the office of

Signature of Customs Officer:

Do not omit to do the same part of part n O 3.


1 Introduced by the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).


State 1 Er April 2015

Annex 3 1

Extension of the validity of the carnet de passages en douane

1 The validity extension formula shall conform to the model set out in this Annex.

The form shall be in English or French. The information contained in it may be repeated in another language.

2 The person requesting the extension and the guaranteeing association responsible for the application shall comply with the following procedure:

A.
As soon as the holder of a carnet of customs passages becomes aware that he is obliged to request an extension of the period of validity of his document, he shall submit with his notebook, to the guaranteeing association, a request for an extension explaining the Circumstances which obliged him to make that request. By way of justification, it attaches to the application, as the case may be, a medical certificate, a certificate of the repair shop, or any other authentic piece establishing that the force majeure invoked is real.
B.
If the guaranteeing association considers that the request for extension may be submitted to customs, it shall, by means of a wet stamp, print the formula referred to in par. 1 on the cover of the carnet de passages en douane, at the place specially reserved for that purpose.
C.
The guaranteeing association indicates, on the left side of the form, up to what date (in letters and figures) the extension is requested. The signature of the President of the Association or its delegate and the official stamp of the association shall be affixed.
D.
The duration of the extension shall not exceed the period reasonably necessary to complete the journey, which should normally not exceed three months from the date of expiry of the customs entry book.
E.
The guaranteeing association then transmits the carnet to the competent customs authority of its country. It shall attach to the carnet the holder's request, together with the supporting documents.
F.
The customs authority shall decide whether the extension should be granted. It may reduce the duration of the requested extension or refuse to grant any extension. If the extension is granted, the competent official of customs shall complete the form printed on the cover of the carnet by the guaranteeing association, give it an order or registration number, shall mention the place, date and its Quality. It then takes the form of its signature as well as the official stamp of customs.
G.
The carnet de passages en douane is then returned to the guaranteeing association which returns it to the person concerned.

Country

Guaranteeing association

The extension for all countries where the carnet is valid is requested

Up to

(in letters and numbers)

........................., the ................ 19

Official Cachet of the guaranteeing association

Signature of the President

Or delegate

Of the guaranteeing association

No

Extension granted to

(in letters and numbers)

..........................., the ..............

Customs Office Cachet

Signature and quality

Of the employee

Customs


1 Introduced by the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159).


State 1 Er April 2015

Annex 4 1


1 Introduced by the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159). The model published in the RO 1993 1159 is not included in this compendium.


State 1 Er April 2015

Model certificate for the regularization of temporary importation papers not unloaded, destroyed, lost or stolen

Final Act

1. The United Nations Conference on Customs Formalities Concerning the Temporary Importation of. Tourism vehicles and tourism was convened by the Secretary-General of the United Nations, in accordance with resolution 468 F (XV) adopted by the Economic and Social Council on 15 April 1953. The resolution reads as follows:

" The Economic and Social Council,

Having regard to resolution 5 of the Committee on Transport and Communications on customs formalities relating to the temporary importation of passenger vehicles and tourism,

Tasks the Secretary-General:

A.
To convene as soon as possible in 1954, preferably in Geneva, a conference of governments, with a view to concluding two global conventions on customs formalities:
(i)
One concerning the temporary importation of private road vehicles carrying persons and the equipment of such vehicles;
(ii)
The other concerning tourism (i.e. the personal effects of tourists travelling by any means of transport);
B.
To communicate to all governments invited to the conference:
(i)
The report of the Secretary-General entitled " Customs Formalities Concerning the Temporary Importation of Tourism Vehicles and Tourism ", which contains several drafts of the above-mentioned conventions and comments on these texts;
(ii)
Relevant sections of the report of the Committee on Transport and Communications (sixth session);
C.
To invite those Governments that have not yet done so to transmit their comments on the texts cited in documents E/CN.2/ 135 and Add. 1 and 2;
D.
To establish an provisional agenda for the Conference and to establish its provisional rules of procedure;
(i) To invite all States Members of the United Nations or of a specialized agency to participate in the Conference;
(ii)
To request the Governments of the States that are invited to the Conference to give their delegates full powers to sign, subject to ratification, the conventions that may be concluded at the Conference;
F.
To invite, as it sees fit, the specialized agencies, intergovernmental organizations and international organizations in this field to send observers to the Conference;
G.
To invite to the conference, without the right to vote, the territories that are not entirely in the direction of their foreign policy, but which are autonomous in the areas covered by the mandate of the conference;
H.
To appoint a Secretary to the Conference and to provide the Conference with secretariat staff and necessary services."

2. In accordance with the provisions of paragraph (i) of para. E of the first paragraph of the above-mentioned resolution, the following States were invited by the Secretary-General to participate in the Conference:

(Suit the list of states)

The United Nations Conference on Customs Formalities Concerning the Temporary Importation of Tourism Vehicles and Tourism was held at United Nations Headquarters in New York from 11 May to 4 June 1954.

4. The Governments of the following States were represented at the Conference by representatives:

(Suit the list of states)

The Governments of the following States were represented at the Conference by observers:

(Suit the list of states)

The following organizations were represented at the Conference:

(Follows list of organizations)

5. In accordance with ss. 52, 54 and 55 of the rules of procedure adopted by the Conference, observers delegated by States and representatives of the above organizations participated, without the right to vote, in the work of the Conference.

6. The Conference elected Mr. Philippe de Seynes (France), Chairman, Mr. A. S. Lall (India), first Vice-Chairman, and Mr. Orencio Nodarse (Cuba), second Vice-Chairman.

7. The Conference constituted a Credentials Committee, which elected Mr. H. Scheltema (Netherlands), Chairman, and two Working Groups, who elected Mr. Franz Luethi (Switzerland) and Mr. Charles Hopchet (Belgium) as Chairmen respectively.

A Legal Committee was also established; he elected Mr. G. de Sydow (Sweden) as Chairman.

8. The Working Party 1 adopted as a basis for discussion the provisions of the draft International Customs Convention on Tourism established by the Economic Commission for Europe: provisions on customs formalities aimed at Temporary importation of passenger vehicles; Working Group II adopted for discussion the draft convention on tolerances and facilities to be granted to tourists, established by the French Government, in part after the project Of the Economic Commission for Europe convention mentioned above.

9. The proceedings of the Conference shall be reported in the minutes of the Working Groups and in the proceedings of the plenary meetings.

10. The Conference adopted and opened for signature the following instruments:

A Convention on customs facilities in favour of tourism 3 ;

An Additional Protocol to the Convention on Customs Facilities for Tourism on the Importation of Tourist Documents and Propaganda Material 4 ;

A Customs Convention on the temporary importation of private road vehicles.

In the course of its work, the Conference adopted certain other decisions, recommendations or declarations which are recorded below:

I.
With regard to the Convention on Customs Facilities for Tourism, the Additional Protocol to the Convention on Customs Facilities for Tourism, on the import of documents and m A Tourist propaganda tériel and the Customs Convention on the Temporary Importation of Private Road Vehicles:
A.
The provisions of these instruments determine minimum facilities, which are lower than those granted by a large number of Contracting States. The Contracting States shall endeavour to extend the facilities they currently grant;
B.
The Contracting States reserve the right to grant the same benefits to persons resident in non-Contracting States;
C.
It is understood that duty-free admission does not exclude weak perceptions of the character of a statistical right.
II.
With regard to the Convention on Customs Facilities for Tourism:
A.
The Contracting States shall make every effort to make known to tourists, by all appropriate means (leaflets, posters, notices, loudspeakers in railway stations, etc.), the regulations applicable in their territories And the facilities provided to them;
B.
The Contracting States shall endeavour not to require a written declaration for the objects or products covered by the Convention;
(i) Admission of a reservation made by Egypt to the Convention on Customs Facilities for Tourism, and formulated as follows:
" The Egyptian delegation reserves the right of its Government not to admit to the benefit of the provisions of the Convention on Customs Facilities for Tourism the persons who, when visiting Egypt as tourists, Take a job, whether paid or unpaid."
(ii)
Admission of a reservation made by Guatemala to art. 1 and 19 of the Convention on Customs Facilities for Tourism, and formulated as follows:
" The Government of Guatemala reserves the right to:
1.
Notwithstanding the terms of Article 1, not to consider persons travelling to the country for business as tourists;
2.
To consider that the provisions of s. 19 do not apply to territories whose situation is contested and which are administered de facto by another State. '
(iii)
Admission of a reservation made by Haiti to the Convention on Customs Facilities for Tourism, and formulated as follows:
" The delegation of Haiti reserves the right of its government not to accept for the benefit of the benefits provided by the Convention on Customs Facilities for Tourism the persons who, during their visit as tourists in Haiti, Would accept paid employment or occupation."
(iv)
Admission of a reservation made by Lebanon to the Convention on Customs Facilities for Tourism, and formulated as follows:
" The delegation of Lebanon reserves the right not to admit to the benefits of the Convention on Customs Facilities in favour of tourism persons who, during their visit as tourists in Lebanon, would accept employment Employee or any paid occupation."
(v)
Admission of a reservation made by Sweden to art. 3 of the Convention on Customs Facilities for Tourism, and formulated as follows:
" Notwithstanding the provisions of Art. 3 of the Convention on Customs Facilities for Tourism, the Scandinavian countries may issue special rules applicable to persons resident in these countries. '
III.
With regard to the Additional Protocol to the Convention on Customs Facilities for Tourism, on the import of documents and tourist propaganda material:
A.
The Conference noted that two agreements on similar subjects had already been concluded, namely the Agreement on the Importation of Educational, Scientific and Cultural Objects 5 , adopted under the auspices of the United Nations Educational, Scientific and Cultural Organization and entered into force on 21 May 1952, and the International Convention to Facilitate the Importation of Commercial Samples and Equipment Advertising 6 Concluded under the auspices of the United Nations, signed at Geneva on 7 November 1952;
B.
Admission of a reservation made by the United Kingdom of Great Britain and Northern Ireland to s. 2 of the Additional Protocol to the Convention on Customs Facilities for Tourism, relating to the import of documents and tourist propaganda material and formulated as follows:
" The United Kingdom is not bound by the provisions of s. 2 of the Additional Protocol with regard to unframed photographs and photographic enlargements referred to in that Article; however, it undertakes to admit these articles on a temporary duty and duty basis in accordance with the provisions of the Protocol. Provisions of s. 3 of the Protocol."
IV.
With regard to the Customs Convention on the Temporary Importation O Private road vehicle raire:
A.
The customs authorities of the Contracting States shall endeavour to generalise the employment, for the visas of temporary importation papers, of the date of the passage and the name of the customs office where the passage is found;
B.
The Contracting States shall endeavour not to require temporary export titles where, for vehicles, there are temporary import titles valid for another country, which permit the identification of vehicles upon return;
C.
The Contracting States recognize that the proper implementation of the Convention requires the granting of facilities to authorized associations in respect of:
(i)
The transfer of the currency necessary for the settlement of the entry fees and taxes claimed by the customs authorities of one of the Contracting States for non-discharge of the temporary importation papers provided for by the Convention;
(ii)
The transfer of currency where there is a return of duties or taxes of entry in accordance with the provisions of Art. 27 of the Convention;
(iii)
The transfer of the currency necessary for the payment of temporary import or international circulation forms, sent to the associations authorised by their respective associations or federations.
D. I) Admission of a reservation made by Ceylon 7 Art. 2 of the Customs Convention on the Temporary Importation of Private Road Vehicles, and formulated as follows:
" Notwithstanding the provisions of Art. 2 of this Convention, the Government of Ceylon reserves the right not to admit to the benefit of the provisions of this Article persons who normally reside outside Ceylon and who, on the occasion of a temporary visit to that country, Take paid employment or engage in any occupation giving rise to remuneration."
(ii)
Admission of a reservation made by Guatemala to art. 1, 4 and 38 of the Convention on the Temporary Importation of Private Road Vehicles, and formulated as follows:
" The Government of Guatemala reserves the right to:
1.
To consider that the provisions of the Convention apply only to natural persons, and not to natural and legal persons as provided for in Article 1 of Chapter I;
2.
Not to apply the provisions of art on its territory. 4;
3.
To consider that the provisions of s. 38 shall not apply to territories whose situation is contested and which are administered de facto by another State. '
(iii)
Admission of a reservation made by India to the provisions of the Convention on the Temporary Importation of Private Road Vehicles, formulated as follows:
With regard to paragraph (e) of Art. 1:
"The Government of India reserves the right not to provide the legal persons with the facilities accorded by this Convention."
With regard to art. 2:
" Notwithstanding the provisions of Art. 2 of this Convention, the Government of India reserves the right not to admit to the benefit of this article persons who ordinarily reside outside India and who, on the occasion of a temporary visit to that country, take a job Paid or engaged in any occupation giving rise to remuneration."
Currently "Sri Lanka".
(iv)
Admission of a reservation made by Mexico to art. 4 and other articles of the Customs Convention on the Temporary Importation of Private Road Vehicles, and formulated as follows:
" As she had the opportunity to point out, when the matter came under discussion in Working Group I, the Delegation of Mexico reserved its position with regard to art. 4 which allows the temporary importation of spare parts for the repair of motor vehicles; it cannot accept this article because the system provided for is contrary to the legislation of Mexico and because it is not Generally not possible to give spare parts a description that allows them to be identified at the exit. The Delegation of Mexico believed that, as a result, the planned system could adversely affect the financial interests of that country, in that it would allow a tourist to import new parts, without paying taxes, by reexporting parts Used on a vehicle other than his own; therefore, it would be preferable to provide, in such cases, for the payment of the required fees.
"The Delegation of Mexico shall make the same reservation with regard to the other articles of this Convention where spare parts for the repair of vehicles are mentioned."
E.
Admission of a recommendation formulated as follows:
" The Conference shall recommend to any Contracting State which authorizes the entry and use, in international circulation, of commercial road vehicles carrying tourists, to use, in respect of such vehicles, documents conforming to Models provided for in the annexes to the Customs Convention on the temporary importation of private road vehicles. '

12. The Conference took note of the provisions of Art. V of the Agreement on the Provisional Application of the Draft International Customs Conventions on Tourism, on Commercial Road Vehicles and on the International Carriage of Goods by Road, done at Geneva on 16 June 1949 8 Which reads as follows:

" In the event that the world conventions, envisaged in the second paragraph of the preamble, are to be concluded, and from the date of their entry into force, any Government party to this Agreement, who would become party to any of the Such conventions shall be ipso facto deemed to have denounced this Agreement in respect of the draft convention (s) corresponding to the convention or conventions to which it has become a party."

The original of this Final Act shall be deposited with the Secretary-General of the United Nations, who shall transmit certified copies thereof to States which have been invited to be represented at the Conference.

In witness whereof, The undersigned representatives and observers have signed this Final Act at United Nations Headquarters in New York on the fourth of June mil nine hundred and fifty-four in a single copy in the English, French and Spanish languages, Each text being equally authentic.

The Secretary-General shall be invited to establish, in this Final Act, an authoritative translation into 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 in accordance with the provisions of s. 13 above.

(Suivent signatures)

Scope of application on 5 September 2008 9

States Parties

Ratification

Accession (A)

Statement of Succession (S)

Entry into force

Albania

September 5

2003 A

4 December

2003

Algeria *

October 31

1963 A

29 January

1964

Germany

16 September

1957

15 December

1957

Saudi Arabia

23 January

2003 A

April 23

2003

Australia

6 January

1967 A

April 6

1967

Austria

30 March

1956

15 December

1957

Barbados

March 5

1971

30 November

1966

Belgium

21 February

1955

15 December

1957

Bosnia and Herzegovina

1 Er September

1993 S

6 March

1992

Bulgaria

7 October

1959 A

5 January

1960

Canada

1 Er June

1955 A

15 December

1957

Chile

August 15

1974 A

13 November

1974

China

Hong Kong A

6 June

1997

1 Er July

1997

Cyprus

May 16

1963

August 16

1960

European Community (EC/EU/EEC)

1 Er February

1996 A

1 Er May

1996

Costa Rica

4 September

1963

3 December

1963

Croatia

August 31

1994 S

8 October

1991

Cuba *

20 November

1963

18 February

1964

Denmark

13 October

1955 A

15 December

1957

Egypt

April 4

1957

15 December

1957

El Salvador *

18 June

1958 A

16 September

1958

United Arab Emirates

10 January

2007 A

10 April

2007

Ecuador

August 30

1962

28 November

1962

Spain

August 18

1958

16 November

1958

United States

July 25

1956

15 December

1957

Alaska

July 25

1956 A

15 December

1957

Hawaii

July 25

1955 A

15 December

1957

U.S. Virgin Islands

July 25

1956 A

15 December

1957

Puerto Rico

July 25

1956 A

15 December

1957

Fiji

October 31

1972

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

Haiti

12 February

1958

13 May

1958

Hungary *

4 May

1983 A

2 August

1983

India *

5 May

1958

August 3

1958

Iran

3 April

1968 A

July 2

1968

Ireland

August 14

1967 A

12 November

1967

Israel *

1 Er August

1957 A

15 December

1957

Italy

12 February

1958

13 May

1958

Jamaica

11 November

1963

August 6

1962

Japan

8 June

1964

September 6

1964

Jordan

18 December

1957 A

18 March

1958

Liberia

16 September

2005 A

15 December

2005

Lithuania

3 January

2003 A

3 April

2003

Luxembourg

21 November

1956

15 December

1957

Macedonia

20 December

1999 S

17 November

1991

Malaysia

7 May

1958

15 December

1957

Mali

11 June

1974 A

9 September

1974

Malta

3 June

1966

21 September

1964

Morocco

September 25

1957 A

24 December

1957

Mauritius

18 July

1969

12 March

1968

Mexico *

13 June

1957

15 December

1957

Montenegro

23 October

2006 S

3 June

2006

Nepal

21 September

1960 A

20 December

1960

Nigeria

26 June

1961

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

Netherlands Antilles

7 March

1958 A

5 June

1958

Aruba B

7 March

1958 A

5 June

1958

Peru

16 January

1959 A

April 16

1959

Philippines

February 9

1960

9 May

1960

Poland

March 16

1960 A

14 June

1960

Portugal

18 September

1958

17 December

1958

Central African Republic

15 October

1962 A

13 January

1963

Romania *

26 January

1961 A

April 26

1961

United Kingdom

February 27

1956

15 December

1957

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

April 27

1961

Singapore

August 15

1966

August 9

1965

Slovenia

July 6

1992 S

25 June

1991

Sudan

October 16

2003 A

14 January

2004

Sri Lanka *

28 November

1955

15 December

1957

Sweden

11 June

1957

15 December

1957

Switzerland *

23 May

1956

15 December

1957

Syria

26 March

1959

24 June

1959

Tanzania

28 November

1962 A

26 February

1963

Tonga

11 November

1977 S

4 June

1970

Trinidad and Tobago

April 11

1966

August 31

1962

Tunisia *

20 June

1974 A

18 September

1974

Turkey

April 26

1983 A

July 25

1983

Vietnam

31 January

1956 A

15 December

1957

*
Reservations and declarations, see below.
A
From 9 February 1960 to 30 June 1997, the Convention was applicable to Hong Kong on the basis of a declaration of 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 January 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.

Reservations and declarations

Algeria

Algeria does not consider itself bound by art. 40 of the Convention and declares that a dispute may be submitted to arbitration only with the agreement of all parties.

Cuba

Cuba does not consider itself engaged in the arbitration under s. 40, para. 2 and 3. (Switzerland opposed this reservation.)

El Salvador

El Salvador reserves its rights in respect of art. 4, to the extent that it refers to the temporary importation of spare parts for use in the repair of automobiles, because of the difficulty in identifying these spare parts at the exit of the country and considers that this Importation must give rise to the payment of the taxes prescribed by law. The same reservation is made in respect of the other articles of the same Convention, where reference is made to spare parts for reparations.

Hungary

The Hungarian People's Republic does not consider itself bound by the provisions contained in Art. 40, para. 2, of the Convention.

India

Subject letter e of art. 1: The Government of India reserves the right not to grant to legal persons the facilities granted by this Convention.

Concern art. 2: Notwithstanding the provisions of Art. 2 of this Convention, the Government of India reserves the right not to admit to the benefit of this article persons who ordinarily reside outside India and who, on the occasion of a temporary visit to that country, take a job Paid or engaged in any occupation giving rise to remuneration.

Israel

Art. 4, para. 1: The Government of Israel will not be obliged to admit duty-free entry fees and taxes for spare parts. The repair of vehicles imported temporarily; likewise, it reserves the right to submit the import of such spare parts to the prohibitions and restrictions in force in Israel.

Article 24, para. 1 and 2: As the land borders with neighbouring states are currently closed and therefore private road vehicles cannot be re-exported if it is not by an Israeli port, the Government of Israel will not be held Accept as justification for the re-export of vehicles or spare parts, any of the documents referred to in paras. 1 and 2 of Art. 24.

Mexico

As the Delegation had the opportunity to point out, when the matter had been discussed in Working Group I, the Delegation of Mexico reserved its position with regard to art. 4 which allows the temporary importation of spare parts for the repair of motor vehicles; it cannot accept this article because the system provided for is contrary to the legislation of Mexico and because it is not Generally not possible to give spare parts a description that allows them to be identified at the exit. The Delegation of Mexico believed that, as a result, the planned system could adversely affect the financial interests of that country, in that it would allow a tourist to import new parts, without paying taxes, by reexporting parts Used on a vehicle other than its own; it is therefore appropriate to require, in such cases, the payment of the prescribed fees.

The Delegation of Mexico made the same reservation with regard to the other articles of this Convention in which spare parts for the repair of vehicles were mentioned.

Romania

Romania does not consider itself bound by art. 40, para. 2 and 3 of the Convention. Romania considers that a dispute concerning the interpretation or application of the Convention may be submitted to arbitration only with the agreement of all the parties to the dispute and only the persons chosen by common agreement by all the parties to the dispute. Parties may act as arbitrator. (Switzerland opposed this reservation.)

Russia

The Government of Russia, considering that disputes concerning the interpretation or application of the Customs Convention relating to the temporary importation of private road vehicles may be settled by arbitration, states that: Dispute shall be subject to arbitration only on the agreement of all the parties in dispute and that only persons chosen by mutual agreement by all such parties may act as arbitrator. (Switzerland opposed this reservation.)

Senegal

(1) Notwithstanding the provisions of s. 2 of the said Convention, the Government of Senegal reserves the right not to admit to the benefit of that article persons who normally reside outside Senegal and who, on the occasion of a temporary visit to the country, take a job Paid or engaged in any occupation giving rise to remuneration;

The Government of Senegal reserves the right to:

(a)
To consider that the provisions of the Convention apply only to natural persons and not to natural and legal persons, as provided for in Art. 1 of Chapter I;
(b)
Not to apply the provisions of art on its territory. 4;
(c)
To consider that the provisions of s. 38 does not apply to territories whose situation is contested and which are administered de facto by another State.

Sri Lanka

Notwithstanding the provisions of Art. 2 of this Convention, the Government of Sri Lanka reserves the right not to admit to the benefit of the provisions of this Article persons ordinarily residing outside Sri Lanka who, on the occasion of a temporary visit in that country Countries, take paid employment or engage in any occupation giving rise to remuneration.

Switzerland

The Convention also applies to the Principality of Liechtenstein, as long as it remains linked to Switzerland by a customs union treaty 10 .

Tunisia

Same reservation as Algeria.


RO 1958 749; FF 1955 II 713


1 RO 1958 731
2 New content according to the mod. Approved by the CF on January 20, 1993, in force since October 30. 1992 (RO 1993 1159). This mod has been taken into account. Throughout the text.
3 RS 0.631.250.21
4 RS 0.631.250.211
5 RS 0.631.145.141
6 RS 0.631.244.52
7 Currently "Sri Lanka".
8 [RO 1950 I 97]
9 A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).
10 RS 0.631.112.514


State 1 Er April 2015