Key Benefits:
Original text
(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:
For the purposes of this Convention:
1 RS 0.631.121.2
Each Contracting Party undertakes to grant temporary admission:
The temporary admission of scientific equipment, spare parts and tools may be subject to the following conditions:
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.
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.
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.
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.
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.
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:
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.
The provisions of Articles 6 to 9 shall also apply to spare parts and tools referred to in Art. 2.
(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.
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.
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.
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.
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.
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.
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.
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:
(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.
(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.
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.
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:
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:
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.
(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.
No reservations to this Convention shall be permitted.
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):
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)
States Parties |
Ratification Accession (A) Declaration of Succession (S) Signature without Ratification reserve (If) |
Entry into force |
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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 |
|
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. |
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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. |
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Switzerland
The Convention also applies to the Principality of Liechtenstein, as long as it remains linked to Switzerland by a customs union treaty 2 .
1 Art. 1 al. 1 AF of 5 June 1973 (RO 1974 606)
2 RS 0.631.112.514