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RS 0.631.242.011 Customs Convention of 11 June 1968 on the Temporary Importation of Scientific Material

Original Language Title: RS 0.631.242.011 Convention douanière du 11 juin 1968 relative à l’importation temporaire de matériel scientifique

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0.631.242.011

Original text

Customs Convention on the Temporary Importation of Scientific Material

Conclue in Brussels on 11 June 1968
Approved by the Federal Assembly on 5 June 1973 1
Instrument of ratification deposited by Switzerland on 14 November 1973
Entry into force for Switzerland 14 February 1974

(Status on 2 August 2005)

Preamble

Contracting Parties to this Convention, prepared under the auspices of the Customs Cooperation Council with the assistance of the United Nations Educational, Scientific and Cultural Organization (UNESCO),

Recognizing that the development of scientific research and education is a key determinant of economic and social progress,

Convinced that the adoption of general facilities for temporary importation free of the duties and taxes of material intended for scientific research or teaching can contribute effectively to it,

Have agreed as follows:

Chapter I Definitions

Art. 1

For the purposes of this Convention:

(a)
"Scientific equipment" means the instruments, apparatus, machinery and accessories used for scientific research or teaching;
(b)
By "import duties and taxes": customs duties and any other duties, taxes and other charges or charges levied on the importation or on the occasion of the importation of the goods, with the exception of charges and charges The amount is limited to the approximate cost of the services rendered,
(c)
By "temporary admission": temporary importation free of import duties and taxes, without prohibitions or import restrictions, for re-export;
(d)
By "registered establishments": scientific or educational establishments, public or private, whose subject matter is essentially non-profit, which have been approved by the competent authorities of the importing country in order to receive the equipment Temporary admission scientist;
(e)
By "ratification" means the actual ratification, acceptance or approval;
(f)
By the Council: the organisation established by the Convention establishing a Customs Cooperation Council, concluded in Brussels on 15 December 1950 1 .

Chapter II Scope of application

Art. 2

Each Contracting Party undertakes to grant temporary admission:

(a)
Scientific equipment for use in its territory exclusively for the purposes of scientific research or teaching;
(b)
Replacement parts relating to scientific equipment placed on temporary admission under paragraph (a) above;
(c)
Tools specially designed for the maintenance, control, calibration or repair of scientific equipment used in its territory exclusively for the purposes of scientific research or teaching.
Art. 3

The temporary admission of scientific equipment, spare parts and tools may be subject to the following conditions:

(a)
They are imported by registered establishments and are used under the control and responsibility of these establishments;
(b)
They are used in the country of importation for non-commercial purposes;
(c)
They are imported in a reasonable number given their destination;
(d)
They are likely to be identified when they are re-exported;
(e)
They remain, during the stay in the country of importation, the ownership of a natural person domiciled abroad or of a legal person having its registered office abroad.
Art. 4

Each Contracting Party may suspend, in whole or in part, the commitments it has made under this Convention when goods of scientific value equivalent to scientific equipment or spare parts Temporary admission is considered to be produced and available in the country of importation.

Chapter III Special provisions

Art. 5

Each Contracting Party undertakes, in all cases where it considers it possible, not to require the establishment of a guarantee for the amount of import duties and taxes and to settle for a written undertaking. The said commitment may be required either on the occasion of each importation or on a general basis for a specified period or, where applicable, for the duration of the authorisation granted to the establishment.

Art. 6

1. The scientific equipment placed on temporary admission must be re-exported within six months from the date of importation. However, the customs authorities of the country of temporary importation may require that the material be re-exported within a shorter period considered sufficient for the purpose of temporary importation to be met.

2. For valid reasons, the customs authorities may either grant a longer period or extend the initial period.

3. Where all or part of the scientific material placed on temporary admission cannot be re-exported as a result of a seizure and that seizure has not been carried out at the request of individuals, the obligation to re-export shall be suspended during the period Duration of the input.

Art. 7

The re-export of scientific equipment placed on temporary admission may be carried out in one or more cases, by any customs office open to such operations, even if it is different from the import office.

Art. 8

The scientific equipment placed on temporary admission may receive a destination other than re-exportation and, in particular, be placed on domestic consumption subject to the conditions and formalities prescribed by the law and Country of temporary importation regulations.

Art.

In the event of an accident duly established, notwithstanding the obligation to re-export under this Convention, the re-export of all or part of the severely damaged scientific material shall not be required, provided that it is, according to the decision of the Customs authorities:

(a)
Subject to the import duties and taxes owing under I; or
(b)
Abandoned free of all charges to the CRF publishes the country of temporary importation; or
(c)
Destroyed under official control, without any cost to the Consolidated Revenue Fund published by the country of temporary importation.
Art. 10

The provisions of Art. 9 above also apply to parts which have been replaced as a result of the repair of scientific equipment or modifications made to it during its stay in the territory of temporary importation.

Art. 11

The provisions of Articles 6 to 9 shall also apply to spare parts and tools referred to in Art. 2.

Chapter IV Miscellaneous provisions

Art. 12

(1) Each Contracting Party shall minimize the customs formalities relating to the facilities provided for in this Convention and shall publish, as soon as possible, the regulations made by it concerning those formalities.

2. At the entry and exit, the verification and clearance of scientific equipment shall be carried out, wherever possible and expedient, on the premises where this material is used.

Art. 13

The provisions of this Convention shall establish minimum facilities and shall not preclude the application of greater facilities which certain Contracting Parties shall accord or grant either by unilateral provisions or by Bilateral or multilateral agreements.

Art. 14

For the purposes of this Convention, the territories of the Contracting Parties which form a customs or economic union may be regarded as a single territory.

Art. 15

The provisions of this Convention shall not preclude the application of prohibitions and restrictions deriving from national laws and regulations based on considerations of morality or public order, public safety and health Or public health, or relating to the protection of patents and trademarks.

Art. 16

Any infringement of the provisions of this Convention, any substitution, false declaration or manoeuvre having the effect of unduly benefiting a person (physical or legal) or equipment of the facilities provided for in this Agreement Convention, exposs the offender, in the country in which the offence is committed, to the penalties provided for by the laws and regulations of that country and, where applicable, to the payment of duties and taxes on the importation payable.

Chapter V Final clauses

Art. 17

The Contracting Parties shall meet where it is necessary to consider the conditions under which this Convention is applied in order, inter alia, to seek appropriate measures to ensure its interpretation and application Uniform.

2. These meetings shall be convened by the Secretary General of the Council, on the request of a Contracting Party, and, unless otherwise decided by the Contracting Parties, shall be held at the seat of the Council.

3. The Contracting Parties shall establish the rules of procedure for their meetings. The decisions of the Contracting Parties shall be taken by a two-thirds majority of those present and taking part in the vote.

4. The Contracting Parties may validly rule on a question only if more than half of them are present.

Art. 18

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

2. Any dispute which is not settled by direct negotiation shall be brought, by the Parties in question, before the Contracting Parties in accordance with the conditions laid down in Art. 17 of this Convention, which shall examine the dispute and make recommendations for its settlement.

3. The Parties to the dispute may agree in advance to accept the recommendations of the Contracting Parties.

Art. 19

1. Any Member State of the Council and any Member State 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 having signed it subject to ratification; or
(c)
By adhering to it.

(2) This Convention shall be open until 30 June 1969 at the seat of the Council, in Brussels, at the signature of the States referred to in para. 1 of this Article. After that date, it will be open for accession.

3. Any State not a member of the organisations referred to in par. 1 of this Article, to which an invitation is addressed to that effect by the Secretary General of the Council, on the request of the Contracting Parties, may become a Contracting Party to this Convention by acceding to it after its entry into force.

4. Instruments of ratification or accession shall be deposited with the Secretary General of the Council.

Art.

(1) This Convention shall enter into force three months after five of the States mentioned in par. 1 of Art. 19 of this Convention have signed it without reservation as to ratification or have deposited their instruments of ratification or accession.

(2) In respect of any State which signs this Convention without reservation of ratification, which ratifies or accedes thereto, after five States have either signed the Convention without reservation of ratification, or deposited their instrument of ratification or accession, This Convention shall enter into force three months after the said State has signed without reservation of ratification or deposited its instrument of ratification or accession.

Art.

1. This Convention shall be 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. 20 of this Convention.

2. The denunciation shall be notified by a written instrument deposited with the Secretary General of the Council.

The denunciation shall take effect six months after the receipt of the instrument of termination by the Secretary General of the Council.

Art.

1. The Contracting Parties, in accordance with the conditions laid down in Art. 17 above, may recommend amendments to this Convention.

2. The text of any amendment thus recommended shall be communicated by the Secretary General of the Council to all Contracting Parties, to all other signatory States, to the Secretary General of the United Nations and to the Director General Of the United Nations Educational, Scientific and Cultural Organization (UNESCO).

Within six months from the date of the communication of the recommended amendment, any Contracting Party may make known to the Secretary General of the Council:

(a)
Has an objection to the recommended amendment;
(b)
Or, although it intends to accept the recommended amendment, the conditions necessary for such acceptance have not yet been fulfilled in its country.

4. As long as a Contracting Party has addressed the above communication to s. 3 (b) has not notified its acceptance to the Secretary General of the Council, it may, for a period of nine months from the expiry of the six-month period provided for in paragraph 3 (1). 3 of this Article, submit an objection to the recommended amendment.

5. If an objection to my recommendation is made in accordance with the conditions laid down in paragraphs 3 and 4 of this Article, the amendment shall be deemed not to have been accepted and shall have no effect.

6. If no objection to I recommended amendment was made under the conditions set out in s. 3 and 4 of this Article, the amendment shall be deemed to be accepted on the following date:

(a)
Where no Contracting Party has sent a communication pursuant to s. 3 (b) of this Article, after the expiry of the six-month period referred to in that paragraph. 3;
(b)
Where one or more Contracting Parties addressed a communication under s. 3 (b) of this Article, at the earliest of two dates:
(i)
The date on which all the Contracting Parties that sent such a communication have notified the Secretary General of the Council of their acceptance of the recommended amendment, however, that date shall be deferred until the expiry of the period of six months referred to To par. 3 of this Article if all the acceptance has been notified prior to that expiry,
(ii)
Expiry of the nine-month period referred to in s. 4 of this Article.

7. Any amendment deemed to be accepted shall enter into force six months after the date on which it was deemed to have been accepted.

8. The Secretary General of the Council shall, as soon as possible, notify all Contracting Parties and other signatory States of any objection formulated in accordance with par. 3 (a) of this Article and any communication addressed in accordance with s. 3 (b). It shall subsequently inform all Contracting Parties and other signatory States if the Contracting Party or Parties which have sent such a communication raise an objection to the recommended amendment or accept it.

9. Any State ratifying or acceding to this Convention shall be deemed to have accepted the amendments which entered into force on the date of the deposit of its instrument of ratification or accession.

Art.

(1) Any State may, at the time of signature without reservation of ratification, ratification or accession, or at a later date, notify the Secretary General of the Council that this Convention extends to all or some of the Territories whose international relations are under its responsibility or for which it has international responsibility. Such notification shall take effect three months after the date on which the Secretary General receives it. However, the Convention may not become applicable to the territories designated in the notification before it has entered into force in respect of the State concerned.

2. Any State which has, pursuant to s. 1 of this Article, notified that this Convention extends to a territory whose international relations are placed under its responsibility or for which it has international responsibility, may notify the Secretary General of the Council, In accordance with the provisions of Art. 21 of this Convention, that this territory shall cease to apply the Convention.

Art. 24

No reservations to this Convention shall be permitted.

Art. 25

The Secretary General of the Council shall notify all Contracting Parties and the other signatory States, the Secretary General of the United Nations and the Director General of the United Nations Educational, Scientific and Culture (UNESCO):

(a)
The signatures, ratifications and accessions referred to in Art. 19 of this Convention;
(b)
The date on which this Convention enters into force in accordance with Art. 20;
(c)
Denunciations received in accordance with Art. 21;
(d)
Amendments deemed accepted in accordance with Art. 22 and the date of their entry into force;
(e)
Notifications received in accordance with Art. 23.
Art. 26 Scope of application June 14, 2005 Declaration

In accordance with Art. 102 of the United Nations Charter 1 , this Convention shall be registered with the United Nations Secretariat at the request of the Secretary General of the Council.

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

Done at Brussels, on 11 June Mil nine hundred and sixty-eight in the 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 In accordance with all the States referred to in par. 1 of Art. 19 of this Convention.

(Suivent signatures)


Scope of application on 14 June 2005

States Parties

Ratification Accession (A) Declaration of

Succession (S) Signature without

Ratification reserve (If)

Entry into force

South Africa

28 September

1971 A

28 December

1971

Algeria

August 5

1969 A

5 November

1969

Germany

10 June

1969 Si

10 September

1969

Saudi Arabia

26 May

1970

26 August

1970

Australia

30 June

1969 Si

September 30

1969

Christmas Island

10 September

1969

10 December

1969

Norfolk Island

10 September

1969

10 December

1969

Cocos Islands

10 September

1969

10 December

1969

Austria

March 29

1972

29 June

1972

Belgium

12 November

1970 A

12 February

1971

Benin

16 January

1969 Si

September 5

1969

Cameroon

5 December

1969 A

March 5

1970

Canada

24 July

1974 A

24 October

1974

Chile

3 April

1970 A

3 July

1970

China

4 February

1972

4 May

1972

Macao A

7 December

2000

20 December

1999

Cyprus

12 February

1971

12 May

1971

Korea (South)

18 June

1982 A

18 September

1982

Denmark

5 June

1969 Si

September 5

1969

Ecuador

23 September

1969

December 23

1969

Spain

26 February

1971 A

26 May

1971

Fiji

March 17

1971 A

17 June

1971

France

22 May

1969 Si

September 5

1969

Gabon

August 25

1969 A

25 November

1969

Ghana

15 January

1969 Si

September 5

1969

Greece

23 January

1974 A

April 23

1974

Hungary

25 February

1976 A

25 May

1976

India

March 9

1971 A

9 June

1971

Iran

21 January

1970 A

April 21

1970

Israel

5 November

1970 A

5 February

1971

Italy

6 May

1975 A

August 6

1975

Kenya

August 31

1983 A

1 Er December

1983

Lesotho

27 January

1982 A

April 27

1982

Lebanon

7 May

1971

7 August

1971

Libya

18 June

1969 Si

18 September

1969

Luxembourg

March 9

1972 A

9 June

1972

Mali

July 31

1987 A

October 31

1987

Morocco

22 June

1978

22 September

1978

Mexico

19 July

1972 A

19 October

1972

Niger

21 February

1969 Si

September 5

1969

New Zealand

28 November

1977 A

28 February

1978

Uganda

July 11

1989 A

11 October

1989

Netherlands

20 October

1970 A

20 January

1971

Philippines

10 April

1973

10 July

1973

Poland

14 June

1971

September 14

1971

Portugal

19 October

1971 A

19 January

1972

Czech Republic

1 Er January

1993 S

4 May

1970

Romania

7 December

1970 A

7 March

1971

United Kingdom

30 June

1969 Si

September 30

1969

Bermuda

4 September

1970

4 December

1970

Gibraltar

4 September

1970

4 December

1970

Guernsey

15 December

1969

15 March

1970

Isle of Man

15 December

1969

15 March

1970

Pitcairn Islands (Ducie, Oeno, Henderson and Pitcairn)

4 September

1970

4 December

1970

British Virgin Islands

4 September

1970

4 December

1970

Jersey

15 January

1970

Montserrat

4 September

1970

4 December

1970

St. Helena

4 September

1970

4 December

1970

Solomon Islands

2 April

1982 A

July 2

1982

Senegal

19 May

1971 A

19 August

1971

Singapore

8 September

1969 A

8 December

1969

Slovakia

5 February

1993 S

4 May

1970

Sri Lanka

23 May

1991 A

August 23

1991

Switzerland *

14 November

1973

February 14

1974

Syria

24 October

1974 A

24 January

1975

Chad

30 June

1969 Si

September 30

1969

Thailand

October 16

1970 A

16 January

1971

Turkey

17 May

1991 A

August 17

1991

Zimbabwe

5 November

1986 A

5 February

1987

*

Statement, see below.

A

From Dec 20. 1999, Macao became a Special Administrative Region (SAR) of the People's Republic of China. According to the Chinese declaration of 7 March 2000, the Convention is also applicable to the Macao SAR from 20 Dec. 1999.


Statement

Switzerland

The Convention also applies to the Principality of Liechtenstein, as long as it remains linked to Switzerland by a customs union treaty 2 .


RO 1974 608; FF 1972 II 1332


1 Art. 1 al. 1 AF of 5 June 1973 (RO 1974 606)
2 RS 0.631.112.514


Status August 2, 2005