Rs 0.631.242.012 Customs Convention Of 8 June 1970 On The Temporary Importation Of Pedagogic 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)

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0.631.242.012 original Customs Convention on temporary teaching material concluded at Brussels on 8 June 1970 import approved by the Federal Assembly on 5 June 1973, Instrument of ratification deposited by the Switzerland on 14 November 1973 entry into force for Switzerland on 14 February 1974 (State April 10, 2014) preamble the Contracting Parties to this Convention developed under the auspices of the customs co-operation Council with the assistance of the United Nations Organization for Education, Science and the Culture (UNESCO), considering the importance of the international circulation of educational material for the development of education and vocational training which are essential to economic and social progress databases, convinced that the adoption of General facilities relating to the temporary import taxes of educational materials and free rights can contribute effectively , have agreed to the following: chapter I Definitions art. 1 for the purposes of this Convention, means: (a) by "teaching material": any equipment used for the purpose of teaching or vocational training, and in particular models, instruments, devices, machines and their accessories including the non-exhaustive list is annexed to the present Convention, (b) by 'duties and import taxes': the customs duties and all other rights , taxes and royalties, or various charges imposed on importation or on the occasion of the importation of the goods, with the exception of the fees and charges which the amount is limited to the approximate cost of services rendered; (c) by 'temporary admission': temporary importation free of duty and taxes on importation, no prohibitions or restrictions on import, re-export dependants; (d) by "approved establishments". : institutions teaching or vocational training, public or private, whose purpose is essentially non-for-profit, which have been approved by the competent authorities of the importing country to receive the training material in temporary importation; (e) by "ratification": the actual ratification, acceptance or approval; (f) "Council": Organization set up by the Convention establishing a Customs Cooperation Council, signed in Brussels on 15 December 1950.

RS 0.631.121.2 Chapter II scope of application article 2. each Contracting Party undertakes to grant temporary admission: (a) the educational material intended to be used, in its territory, exclusively for the purpose of teaching or vocational training; (b) in spare parts pertaining to the material placed in temporary admission in virtue of by. (a) above, as well as the tools especially designed for the maintenance, control, calibration or repair of such material.

Art. 3 temporary admission teaching materials, tools and spare parts may be subject to the following conditions: (a) they are imported by approved establishments and are used under the control and responsibility of these institutions; (b) that they be used, in the country of importation, for non-commercial purposes; (c) that they are imported in reasonable numbers account required of their destination; (d) whether they are likely to be identified when their re-exportation; (e) that they remain during the stay in the country of import, the property of a natural person domiciled abroad or a legal person having its seat abroad.

Art. 4. each Contracting Party may suspend in whole or in part, the commitments it has made under this Convention when: (a) goods of educational value to teaching material which I temporary admission is being considered, or (b) the spare parts that can be used instead of those whose temporary admission is planned, are produced and available in the country of importation.

Chapter III provisions specific art. 5. each Contracting Party undertakes, in all cases where it deems possible, not to require the provision of a guarantee for the amount of duties and taxes to import and settle for a written commitment. The commitment may be required on the occasion of each import, either general title for a specified period or, as appropriate, for the duration of the approval granted to the establishment.

Art. 6-1. Placed in temporary admission materials must be re-exported within a period of six months from the date of its importation. However, the Customs authorities of the country of temporary importation may require that the material be re-exported within a shorter period sufficient to achieve the objective of the temporary importation.
2 for valid reasons, the Customs authorities may either grant a longer period, or extend the original deadline.
3. where all or part of the material placed in temporary admission cannot be re-exported as a result of a seizure and that this seizure has not practised at the request of individuals, the obligation to re-export is suspended for the duration of the seizure.

Art. 7. the re-export of materials placed in temporary admission can be done in one or several times, by any Customs office open to these operations, although it is different from the import office.

Art. 8. the material placed in temporary admission can receive one destination other than re-export and especially be put to domestic consumption provided that it is satisfied the conditions and the formalities specified by the laws and regulations of the country of temporary importation.

Art. 9. in the case of duly established accident, notwithstanding the obligation to re-export provided for by the present Convention, re-export of all or part of the badly damaged materials is not required provided that this material is, according to the decision of the Customs authorities: (a) subject to the rights and due in this case import taxes; or (b) are abandoned free of all expenses to the public Treasury of the country of temporary importation; or (c) destroyed under official control, without that he can cry result from cost to the Treasury of the country of temporary importation.

Art. 10. the provisions of art. 9 above also apply to parts that have been replaced as a result of repair material or changes it it during his stay in the territory of temporary importation.

Art. 11. the provisions of art. 6 to 9 apply also to spare parts and tools referred to in art. 2. Chapter IV provisions various art. 12-1. Each Contracting Party reduces to a minimum the customs formalities relating to the facilities provided by this Convention and publishes, in the shortest delays, the rules it lays down about these formalities.
2 at the entrance and exit, the verification and clearance of the materials, tools and spare parts are made, in all cases where it is possible and appropriate, on-site use of this material.

Art. 13. the provisions of this Convention set minimum facilities and do not put obstacle to the application of greater facilities that some Contracting Parties agree or agree either not unilateral provisions or under bilateral or multilateral agreements.

Art. 14. for the application of this Convention, the territories of Contracting Parties which form a customs or economic can be considered as a single territory.

Art. 15. the provisions of this Convention do not put obstacle to the application of prohibitions and restrictions deriving from laws and regulations national and based on considerations of morality or public order, public security, hygiene or health public or relating to the protection of patents and trademarks.

Art. 16. any breach of the provisions of the present Convention, any substitution, false statement or manoeuvre which would unduly benefit a person (natural or legal) or a material of the facilities provided by this agreement, exposes the offender, in the country where the offence was committed, to the penalties provided for by the laws and regulations of that country and, as appropriate to the payment of duties and taxes on importation due.

Chapter V provisions final art. 17-1. Any member of the Council and any Member State of the Organization of the United Nations or its specialized agencies may become a Contracting Party to this Convention: (a) by her signing without reservation of ratification; (b) by depositing an instrument of ratification after having signed it subject to ratification; or (c) by acceding to it.

2. the present Convention is open until June 30, 1971 at the Council headquarters, in Brussels, for signature by the States concerned to the by. 1 of this Article. After this date, it will be open to their membership.
3. any State not a member of the organizations referred to the by. 1 of this Article, to which an invitation to that effect by the Secretary General of the Council, at the request of the Contracting Parties, may become a Contracting Party to this Convention by acceding to it after its entry into force.

4. the instruments of ratification or accession are deposited with the Secretary General of the Council.

Art. 18-1. This Convention comes into force three months after five of the States referred to in the by. 1 of art. 17 of this Convention have signed it without reseve of ratification or have deposited their instrument of ratification or accession.
2A I respect of any State which signs this agreement without reservation of ratification, which ratify or adhere to, after that five States have signed the Convention without reservation of ratification to be deposited their instrument of ratification or accession, this agreement between cil force 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 of ratification, ratification or I' membership, or at a later time, notify the Secretary General of the Council that the Convention extends to all or some of territories whose foreign relations released placed under its responsibility which it assumes international responsibility. This notification takes effect three months after the date on which the Secretary General receives it. However, the agreement binds may become applicable to the territories named in the notification before that it binds either entered into force for the State concerned.
2. any State having, cry application of by. 1 this Article notified that the Convention extends to a territory whose international relations are under its responsibility or which it has international responsibility, may notify the Secretary General of the Council, in accordance with the provisions of art. 21 of the Convention, that the territory will cease to apply the Convention.

Art. 20. no reservation to this Convention is made.

Art. 21-1. This Convention is concluded for an unlimited period. However, any Contracting Party may denounce it at any time after the date of soli entered into force, as it is attached to the art. 18 of this agreement.
2. the denunciation shall be notified by a written instrument deposited with the Secretary General of the Council.
3. the denunciation shall take effect six months after receipt of the instrument of denunciation by the Secretary-General of the Council.

Art. 22 1. The Contracting Parties meet when it is necessary to examine the conditions in which the Convention is applied to, in particular, to seek measures to ensure uniform interpretation and application.
2. these meetings are convened by the Secretary General of the Council, on the request of a Contracting Party, and, except as otherwise the Contracting Parties, held at the headquarters of the Council.
3. the Contracting Parties establish the rules of procedure for their meetings.
4. the Contracting Parties decisions are taken by a majority of two thirds of those who are present and who take part in the vote. Are regarded as taking part in the vote as the Contracting Parties having cast a vote, positive or negative.
5. the Contracting Parties cannot validly pronounce on a matter only if more than half of them are present.

Art. 23 1. Any dispute between Contracting Parties concerning the interpretation or application of this Convention is, as much as possible, resolved through direct negotiations between those Parties.
2. any dispute which is not settled by direct negotiation is carried by the Parties concerned, before the Contracting Parties in accordance with art. 22 of this Convention, who 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 1. Amendments to this Convention may be proposed either by a Contracting Party, the Contracting Parties in accordance with art. 22 of this agreement.
2. the text of any proposed amendment is communicated by the Secretary-General of the Council to all Contracting Parties, to all other States signatories, to the Secretary General of the United Nations and the Director-General of the United Nations Organization for Education, Science and Culture (UNESCO).
3. within a period of six months from the date of communication of the proposed amendment, any Contracting Party may inform the Secretary-General of the Council: (a) that it has an objection to the amendment proposed; (b) or that, although it intends to accept the proposed amendment, the conditions necessary for such acceptance are not yet fulfilled in his country.

4. as long as a Contracting Party which has the above communication addressed to the by. 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 months deadline to the by. 3 of this Article, submit an objection to the proposed amendment.
5. If an objection to the proposed amendment is made as provided in the by. 3 and 4 of this Article, the amendment is considered not to have been accepted and remains without effect.
6. If no objection to the proposed amendment has been made in the conditions laid down in the by. 3 and 4 of this Article, the amendment is deemed accepted on the following date: (a) If no Contracting Party has sent a communication in application of the by. 3 (b) of this Article, on the expiry of the period of six months referred to this by. 3; (b) when one or more Contracting Parties have sent a communication in application of the by. 3 (b) of this Article, on the earlier of the following dates: (i) date on which all the Contracting Parties who have sent such a communication notified to the Secretary General of the Council their acceptance of the proposed amendment, this date being postponed however on the expiry of the period of six months referred to the by. 3 of the present Article if all the acceptances were notified previously to this expiry; (ii) date of expiry of the period of nine months referred to the by. 4 of this Article.

7. any amendment deemed accepted comes into force six months after the date on which it was deemed accepted.
8. the Secretary General of the Council shall notify as soon as possible all the Contracting Parties and other signatory States any objection to the proposed amendment in accordance with the by. 3 (a) of this Article as well as any communication addressed according to the by. 3 (b). He made later to all the Contracting Parties and other signatory States if the Contracting Parties which have sent such a communication raise an objection to the proposed amendment or accept it.
9 any State which ratifies this Convention or join is considered having accepted the amendments entered into force on the date of the deposit of its instrument of ratification or accession.

Art. 25. the annex to this Convention is considered as an integral part of it.

Art. 26. the Secretary General of the Council shall notify all the Contracting Parties as well as the other States signatories, to the Secretary-General of the United Nations and the Director-General of the Organization of the United Nations for Education, Science and Culture (UNESCO): (a) signatures, ratifications and accessions referred to in art. 17 of this agreement; (b) the date on which this Convention comes into force in accordance with art. 18: (c) notifications received in accordance with art. 19; (d) denunciations received in accordance with art. 21; (e) deemed amendments accepted in accordance with art. 24 and the date of their entry into force.

Art. 27 according to art. 102 of the Charter of the United Nations, this Convention will be registered in the United Nations Secretariat at the request of the Secretary General of the Council.
In faith whereof, the undersigned to this duly authorised have signed this Convention.
Done at Brussels, 8 June one thousand nine hundred and seventy, in English and French languages, both texts being equally authentic, in a single copy which shall be deposited with the Secretary General of the Council which to transmit certified copies to all the States referred to the by. 1 of art. 17 of this Convention.
(Follow signatures)

Annex non-exhaustive list of teaching materials (a) devices for recording or reproduction of sound or images, such as: projectors of slides or films fixed cinema projectors;
Retro-projectors and episcopes;
Tape recorders, VCRs and kinescopes;
Closed circuit television.

(b) media of sound and images, such as: slides, film fixed and microfilms;
Motion pictures;
Sound recordings (magnetic tapes, discs);
Videotapes.

(c) material specialized, such as: bibliographic and audio-visual equipment for libraries;
Rolling libraries;
Language laboratory;
Simultaneous interpretation equipment;
Programmed teaching mechanical or electronic machines;
Specially designed objects for education or vocational training of people with disabilities.

(d) other material, such as:


Wall charts, models, graphs, maps, plans, photographs and drawings;
Instruments, devices and designed for demonstration;
Collections of artefacts accompanied by Visual or audio, educational information, prepared for the teaching of a subject (study kits);
Instruments, devices, tools and machine-tools for learning techniques or trades.

State April 10, 2014 scope April 10, 2014 States parties Ratification, accession (A) Signature without reservation of ratification (if any) coming into force December 18, 1975 South Africa has 18 March 1976 Algeria June 16, 1971 16 September 1971 Germany * June 10, 1971 if 10 September 1971 Argentina 3 January 1973-3 April 1973 Australia 25 June if 25 September 1971 Austria 10 October 1971 1972-10 January 1973 Barbados 7 March 1975 A 7 June 1975 Benin 5 February 1971 if September 10, 1971 Cameroon June 29, 1971 if September 29, 1971 Cyprus November 30, 1973 February 28, 1974 Korea (South) 18 June 1982 A September 18, 1982 Spain November 17, 1972 has 17 February 1973 France 15 March 1973 has 15 June 1973 January 23, 1974 Greece has 23 April 1974 Hungary 25 February 1976 may 25, 1976 India December 4, 1973 March 4, 1974 2 December 1971 Iraq has 2 March 1972 Iran April 24, 1972 A 21 July 1972 Israel April 5, 1973 has 5 July 1973 Jordan June 25, 1971 if September 25, 1971 Lesotho 27 January 1982 A 27 April 1982 Lebanon 16 February 1971 if September 10, 1971 3 August 1973 Morocco 3 November 1973 Niger 21 March 1972 A 21 June, 1972 New Zealand 28 November 1977 28 February 1978 Uganda 11 July 1989-11 October 1989 Netherlands 6 June 1986 6 September 1986

Aruba 6 June 1986 6 September 1986 Curaçao 6 June 1986 6 September 1986 part Caribbean (Bonaire, Sint Eustatius and Saba) 6 June 1986 6 September 1986 Sint Maarten 6 June 1986 September 6, 1986 Philippines 5 April 1973 5 July 1973 Poland 29 August 1972 November 29, 1972 Portugal 3 June 1975 has 3 September 1975 Rwanda November 5, 1970 if September 10, 1971 South Africa December 2, 1975 December 2, 1975 Somalia 29 June 1971 so 29 September

1971 Sri Lanka 23 May 1991 has 23 August 1991 Switzerland November 14, 1973 February 14, 1974 Togo 21 December 1970 if 10 September 1971 Tunisia 20 October 1971 January 20, 1972 Turkey 17 May 1991 17 August 1991 Zimbabwe February 18, 1987 may 18, 1987 * reservations and declarations.

Reservations and declarations are not published to the RO. Texts in french and English can be found at the United Nations Internet site address: http://treaties.un.org/ or obtained in the Direction of public international law (FDFA), the international treaties Section, 3003 Bern.

For the Kingdom in Europe.

Statement Netherlands convention is applicable to the Kingdom in Europe, the Netherlands Antilles and Aruba.

1974 618 RO; FF 1972 II 1332 art. 1 al. 1 of 5 June 1973 (RO 1974 606) af RO 1974 618, 1981 1063, 1985 418, 1987 1018, 1991-2214, 2014 993. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).

State April 10, 2014

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