Advanced Search

RS 0.631.242.012 Customs Convention of 8 June 1970 on the Temporary Importation of Educational Material (with Annex)

Original Language Title: RS 0.631.242.012 Convention douanière du 8 juin 1970 relative à l’importation temporaire de matériel pédagogique (avec annexe)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

0.631.242.012

Original text

Customs Convention on the Temporary Importation of Educational Material

Conclue in Brussels on 8 June 1970
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

(State on 10 April 2014)

Preamble

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

Taking into account the importance of the international circulation of educational materials for the development of education and vocational training, which constitute an essential basis for economic and social progress,

Convinced that the adoption of general facilities for temporary importation free of the rights and taxes of teaching material can contribute effectively to it,

Agreed to the following:

Chapter I Definitions

Art. 1

For the purposes of this Convention:

(a)
By "educational material" means any material used for the purpose of teaching or vocational training, and in particular models, instruments, apparatus, machines and accessories whose non-exhaustive list is annexed to the present Convention,
(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" means educational or vocational training establishments, public or private, whose subject matter is essentially non-profit, which have been approved by the competent authorities of the country of importation in order to receive the Educational material on temporary admission;
(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)
Educational material intended for use in its territory exclusively for the purpose of teaching or vocational training;
(b)
Spare parts relating to educational material placed on temporary admission under s. (a) above, as well as tools specially designed for the maintenance, control, calibration or repair of said equipment.
Art. 3

The temporary admission of teaching materials, 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 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, its commitments under this Convention when:

(a)
Goods of educational value equivalent to the educational material of which I consider temporary admission, or
(b)
Spare parts which may be used instead of those whose temporary admission is envisaged,

Are produced and available in the importing country.

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. Educational material 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 teaching material placed on temporary admission cannot be re-exported as a result of an attachment and this 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 teaching material 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

Educational material 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 laid down in the laws 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 teaching material shall not be required provided that such material is, according to the decision of the Customs authorities:

(a)
Subject to the import duties and taxes due in the case; or
(b)
Abandoned free of all charges to the State Treasury of the country of temporary importation; or
(c)
Destroyed under official control, without any costs to the public purport of 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 the teaching material or of modifications made during his 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, as at the exit, the verification and clearance of teaching material, spare parts and tools shall be carried out, wherever possible and expedient, on the premises for the use of such material.

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 not unilateral provisions, or Under 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 the import duties and taxes payable.

Chapter V Final clauses

Art. 17

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 1971 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. 18

(1) This Convention shall enter into force three months after five of the States mentioned in par. 1 of Art. 17 of this Convention have signed it without a network of 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 to it, after five States have either signed the Convention without reservation of ratification, or deposited their instrument of ratification or accession, This Convention between cilium Vigueur three months after the said State has signed without reservation of ratification or deposited soli instrument of ratification or accession.

Art. 19

(1) Any State may, at the time of signature without reservation as to 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 have been placed 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 become applicable to the territories designated in the notification before it is binding on the State concerned.

2. Any State having, Cree application of 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.

No reservations to this Convention shall be permitted.

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 soli entered into force, as set out in Art. 18 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.

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.

4. Decisions of the Contracting Parties shall be taken by a two-thirds majority of those present and taking part in the vote. Only Contracting Parties that have issued a positive or negative vote shall be considered to take part in the vote.

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

Art.

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. 22 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. 24

Amendments to this Convention may be proposed either by a Contracting Party or by the Contracting Parties in accordance with the conditions laid down in Art. 22 of this Convention.

2. The text of any amendment thus proposed 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 proposed amendment, any Contracting Party may make known to the Secretary General of the Council:

(a)
The Commission has an objection to the proposed amendment;
(b)
Or, although it intends to accept the proposed amendment, the conditions necessary for this 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 proposed amendment.

5. If an objection to the proposed amendment is formulated in accordance with the conditions laid down in s. 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 the proposed amendment has been formulated in accordance with the conditions laid down 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 having sent such a communication have notified the Secretary General of the Council of their acceptance of the proposed amendment, however, that date shall be deferred until the expiry of the six-month period referred to in the By. 3 of this Article if all acceptances have 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 to the proposed amendment 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 proposed 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. 25

The Annex to this Convention shall be considered an integral part thereof.

Art. 26

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. 17 of this Convention;
(b)
The date on which this Convention enters into force in accordance with Art. 18:
(c)
Notifications received in accordance with Art. 19;
(d)
Denunciations received in accordance with Art. 21;
(e)
Amendments deemed accepted in accordance with Art. 24 and the date of their entry into force.
Art. 27

In accordance with Art. 102 of the Charter of the United Nations, this Convention shall be registered at 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 8 June Mil nine hundred and seventy, 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. 17 of this Convention.

(Suivent signatures)

Annex

Non-exhaustive list of teaching materials

(a)

Recording or repr apparatus O Sound or image reduction, such as:

Slide projectors or fixed films

Film projectors;

Backprojectors and Episcopes;

Magnetophones, VCRs and Kinescopes

Closed television channels.

(b)

Supporters of sound and images, such as:

Slides, fixed films and microfilm;

Motion picture films;

Sound recordings (tapes, discs);

Videotapes.

(c)

Specialized equipment, such as:

Bibliographic and audio visual materials for libraries;

Wheels;

Language Laboratory;

Simultaneous interpretation equipment;

Mechanical or electronic programmed teaching machines;

Objects specially designed for the teaching or vocational training of persons with disabilities.

(d)

Other equipment, such as:

Wall tables, models, charts, maps, plans, photographs and drawings;

Instruments, apparatus and models designed for demonstration purposes;

Collections of objects with visual or sound pedagogical information, prepared for the teaching of a subject (study kits);

Instruments, apparatus, tools and machine tools for the learning of techniques or trades.


Status on April 10, 2014

Scope of application on 10 April 2014 2

States Parties

Ratification

Accession (A)

Signature without reservation of ratification (If)

Entry into force

South Africa

18 December

1975 A

18 March

1976

Algeria

June 16

1971

16 September

1971

Germany *

10 June

1971 If

10 September

1971

Argentina

3 January

1973 A

3 April

1973

Australia

25 June

1971 If

September 25

1971

Austria

10 October

1972 A

10 January

1973

Barbados

7 March

1975 A

7 June

1975

Benin

5 February

1971 If

10 September

1971

Cameroon

29 June

1971 If

29 September

1971

Cyprus

30 November

1973

28 February

1974

Korea (South)

18 June

1982 A

18 September

1982

Spain

17 November

1972 A

17 February

1973

France

15 March

1973 A

15 June

1973

Greece

23 January

1974 A

April 23

1974

Hungary

25 February

1976 A

25 May

1976

India

4 December

1973 A

March 4

1974

Iraq

2 December

1971 A

2 March

1972

Iran

24 April

1972 A

July 21

1972

Israel

5 April

1973 A

July 5

1973

Jordan

25 June

1971 If

September 25

1971

Lesotho

27 January

1982 A

April 27

1982

Lebanon

February 16

1971 If

10 September

1971

Morocco

August 3

1973

3 November

1973

Niger

21 March

1972 A

June 21,

1972

New Zealand

28 November

1977 A

28 February

1978

Uganda

July 11

1989 A

11 October

1989

Netherlands A

6 June

1986

September 6

1986

Aruba

6 June

1986

September 6

1986

Curaçao

6 June

1986

September 6

1986

Caribbean (Bonaire, Sint Eustatius and Saba)

6 June

1986

September 6

1986

Sint Maarten

6 June

1986

September 6

1986

Philippines

5 April

1973

July 5

1973

Poland

29 August

1972

29 November

1972

Portugal

3 June

1975 A

3 September

1975

Rwanda

5 November

1970 If

10 September

1971

Senegal

2 December

1975 A

2 December

1975

Somalia

29 June

1971 If

29 September

1971

Sri Lanka

23 May

1991 A

August 23

1991

Switzerland

14 November

1973

February 14

1974

Togo

21 December

1970 If

10 September

1971

Tunisia

20 October

1971

20 January

1972

Turkey

17 May

1991

August 17

1991

Zimbabwe

18 February

1987 A

18 May

1987

*

Reservations and declarations.

Reservations and declarations are not published in the RO. The texts in English and French can be found at the United Nations Internet site: http://treaties.un.org/ or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.

A

For the Kingdom in Europe.

Statement

Netherlands

The Convention is applicable to the Kingdom of Europe, the Netherlands Antilles and Aruba.


RO 1974 618; FF 1972 II 1332


1 Art. 1 Er Al. 1 AF of 5 June 1973 (RO 1974 606)
2 RO 1974 618, 1981 1063, 1985 418, 1987 1018, 1991 2214, 2014 993. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on April 10, 2014