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RS 0.631.121.1 International Convention of 3 November 1923 for the simplification of customs formalities (with protocol)

Original Language Title: RS 0.631.121.1 Convention internationale du 3 novembre 1923 pour la simplification des formalités douanières (avec protocole)

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0.631.121.1

Original text 1

International Convention for the Simplification of Customs Formalities

Conclue at Geneva on 3 November 1923
Approved by the Federal Assembly on December 7, 1926 2
Instrument of ratification deposited by Switzerland on 3 January 1927
Entry into force for Switzerland on 3 April 1927

(Status on 17 August 2004)

Germany, Austria, Belgium, Brazil, the British Empire (with the Co M Australia, the South African Union, New Zealand and India), Bulgaria, Chile, China, Denmark, Egypt, Spain, Finland, France, Greece, Hungary, Italy, Japan, Lithuania, Luxury M , the Protectorate of the French Republic in Morocco, Norway, A The Netherlands, Poland, Portugal, Romania, the Kingdom of Serbs, Croats and Slovenes, Siam, Sweden, Switzerland, Czechoslovakia, the Regency of Tunis (French Protectorate) and Uruguay,

Desiring to ensure the application of the principle of fair treatment of trade, proclaimed in art. 23 of the Covenant of the League of Nations 3 ,

Convinced that by liberating the international trade from the burden of unnecessary, excessive or arbitrary customs formalities, they would carry out an important step towards that purpose,

Considering that the best way to achieve a result in this matter is to resort to an international agreement, based on a fair reciprocity,

Have decided to conclude a Convention for this purpose,

As a result, the High Contracting Parties have appointed for their Plenipotentiaries, namely:

(Following are the names of plenipotentiaries)

Which, after having communicated their full powers in good and due form, have agreed as follows:

Art. 1

The Contracting States, with a view to applying among themselves the principle and the stipulations of art. 23 of the Covenant of the League of Nations 1 In respect of the fair treatment of trade, undertake not to hinder their trade relations by customs or similar formalities which would be excessive, unnecessary or arbitrary.

To this end, the Contracting States undertake to revise, by any appropriate legislative or administrative measures, the revision of the provisions laid down by their laws or regulations or by the ordinances and instructions of their authorities Administrative, customs and similar formalities, in order to simplify them, to adapt them from time to time, to the needs of trade relations with foreign countries and to avoid them any obstacles which would not be Essential to the protection of the country's essential interests.


1 See footnote 3 in the preamble.

Art. 2

The Contracting States undertake to adhere strictly to the principle of fair treatment in respect of customs or similar regulations or procedures, the formalities relating to the issue of licences, the methods of verification Or any other matter covered by this Convention and, in accordance with that principle, they shall prohibit, in those matters, any unjust discrimination, directed against the trade of a Contracting State.

The above principle remains applicable even in cases where certain Contracting States may, in accordance with their laws or trade agreements, mutually agree to grant even greater facilities than those Arising from the present Convention.

Art. 3

In view of the serious obstacles to international trade in import or export prohibitions and restrictions, the Contracting States undertake to adopt and apply, as soon as circumstances permit, all Measures to minimise such prohibitions and restrictions and, in all cases, to take, in the case of licences derogating from the prohibitions on entry or exit, all relevant provisions:

(a)
In order for the conditions to be fulfilled and the formalities to be fulfilled in order to obtain such licences shall be immediately brought, in the clearest and most precise form, to the knowledge of the public;
(b)
So that the method of issue of such securities is as simple and as stable as possible;
(c)
To ensure that the review of applications and the issuance of licences to interested parties is carried out with the utmost speed;
(d)
For the licensing system to be established in such a way as to prevent the trafficking of such securities. For this purpose, licences, when granted to persons, must bear the name of the beneficiary and must not be allowed to be used by another person;
(e)
In order to ensure that, in the event of quotas, the formalities imposed by the importing country are not such as to prevent a fair distribution of the quantities of goods permitted to be imported.
Art. 4

The Contracting States shall publish, without delay, all the regulations concerning customs and similar formalities, as well as any amendments thereto, which have not been published so far, in such a way that the parties concerned can Be aware of and in order to avoid the damage which could result from the application of customs formalities ignored by them.

The Contracting States undertake to ensure that no measures concerning the customs regulations are brought into force which have been brought before the public, either by means of its publication in the Official Journal of the country, or By any other appropriate channels of official or private advertising.

The same pre-advertising obligation applies to all tariffs, as well as prohibitions and restrictions on imports or exports.

However, in cases of an exceptional nature, where pre-publication could harm the country's essential interests, the provisions of paras. 2 and 3 above lose their mandatory character. In such cases, however, the publication will have to coincide, as far as possible, with the implementation of the measure taken.

Art. 5

Each Contracting State which, by means of piecemeal measures or successive retouches, may have amended its customs tariff for a significant number of articles, shall give the public an accurate picture by publishing, in an easily accessible form, Accessible, all applicable rights as a result of all existing provisions.

To this end, all rights to be collected by the customs authorities as a result of the import or export of the goods will have to be indicated in a methodical way, whether customs duties, ancillary rights, consumption taxes, Of handling, handling or the like and, in general, of any taxes of any kind, on the understanding that the above obligation is limited to the duties and taxes to be collected, on the goods imported or exported, for The account of the State and customs clearance.

Since the charges to which the goods are submitted are thus clearly indicated, it will be necessary, as regards the consumption taxes and other charges to be collected on behalf of the State as a result of customs clearance, to indicate whether the foreign goods Is subject to a special charge as a result of which, exceptionally, these taxes would not be taxable to the goods of the importing country or would only be partially taxable.

The Contracting States undertake to take the necessary measures to give traders the opportunity to obtain official information concerning customs tariffs, in particular the rates of duty to be collected on goods Determined.

Art. 6

In order to enable the Contracting States and their nationals to be informed as soon as possible of all the measures referred to in Art. 4 and 5 which are of interest to their trade, each Contracting State undertakes to communicate to the diplomatic representative of each other State, or to any other representative designated for that purpose and resident in its territory, all publications made In accordance with the said Articles, this communication to be made at the time of publication and in duplicate. In the absence of a diplomatic or other representative, the communication shall be made to the State concerned by the way in which it will indicate to that effect.

Each Contracting State undertakes, in addition, to send in ten copies, upon publication, to the Secretariat of the League of Nations 1 , all publications made pursuant to s. 4 and 5. Each Contracting State undertakes to communicate in ten copies, upon publication, to the "International Bureau for the Publication of Customs Tariffs" in ten copies, as soon as they are published, to the "International Bureau for the Publication of Customs Tariff". By the International Convention of 5 July 1890 2 Translation and publication of tariffs.


1 After the dissolution of the League of Nations, the General Secretariat of the United Nations has been entrusted with the functions mentioned here (FF 1946 II 1181 1187 and s.)
2 RS 0.632.01

Art. 7

The Contracting States undertake to take, both by means of their legislation and their administration, all the most appropriate measures to prevent the arbitrary or unjust application of their customs laws and regulations As well as to ensure an administrative, judicial or arbitral appeal to persons who have been aggrieved by these abuses.

Any such measures which are currently in force, or which would be taken in the future, shall be published in accordance with the conditions laid down in Art. 4 and 5.

Art. 8

Except where they could be subject to prohibition, and provided that the presence of the goods is not indispensable to the resolution of the dispute, the goods which are the subject of a tariff dispute, to The origin, provenance or value must, at the request of the debtor, be surrendered immediately to its free provision, without waiting for the resolution of the dispute, subject to the measures necessary to safeguard the interests of the State. It is understood that the refund of the rights recorded or the cancellation of the submission subscribed by the declarant will take place as soon as the solution of the dispute has been reached, which must, in any case, be as fast as possible.

Art.

With a view to marking the progress achieved in the simplification of customs or similar formalities referred to in the preceding Articles, each of the Contracting States shall submit to the General Secretariat of the League of Nations 1 , within twelve months of the coming into force, as far as it is concerned, of this Convention, a summary of the measures taken by it to ensure that simplification.

Similar summaries will be provided in the future every three years and each time the Corporation's Board requests it.


1 See note 1 to art. 6.

Art. 10 Trade-traveller legitimation card

Samples and models, dutiable and not subject to prohibition, imported by manufacturers or traders established in any of the Contracting States, either personally or through travellers Shall be admissible on a provisional basis in the territory of each of the Contracting States, subject to consignment of the rights of entry or of a commitment guaranteed to guarantee payment of those rights.

In order to benefit from this favour, manufacturers or traders and commercial travellers must comply with the laws, regulations and customs formalities on the subject-matter enacted by the aforementioned states; these laws and regulations may impose on the Interested in the requirement for a legitimising card.

For the purposes of this Article, shall be considered as samples or models all objects representative of a good determined under the double reservation, on the one hand, that those objects are likely to be duly identified at the time of the Re-export, on the other hand, that the imported objects do not represent quantities or values such as, as a whole, they would no longer have the usual character of samples.

The customs authorities of any of the Contracting States shall consider as sufficient, in the light of the subsequent recognition of the identity of the samples or models, the marks which have been affixed by the customs of another Contracting State, provided that such samples or models are accompanied by a descriptive list certified by the customs authorities of the latter State. Additional marks may, however, be affixed to samples or models by the customs of the importing country in all cases where it considers this additional guarantee necessary for the identification of samples Or models, when reexporting. Apart from the latter, the customs audit will simply identify the identity of the samples and determine the amount of duties and taxes that may be required.

The period for re-exportation shall be at least six months, except for the option of extension reserved for the customs administration of the country of import. After the time limit, payment of duties will be required on samples not re-exported.

The refund of the rights recorded at the entry or the release of the guarantor which guarantees the payment of these rights shall be paid without delay to all the offices located at or within the country, who will have received the duties Necessary for this purpose, and possibly under the deduction of the rights attaching to samples or models which would not be presented for re-export. The Contracting States shall publish the list of the offices to which those powers have been conferred.

In cases where a legitimising card is required, it shall conform to the model annexed to this Article and shall be issued by an authority approved for that purpose by the State in which the manufacturers or traders have the seat of their business. Under the condition of reciprocity, the legitimising cards will be exempted from a consular or other visa, except in the event that a State justifies that special or exceptional circumstances require it to require it. In this case, the cost of the visa will have to be fixed at the lowest possible rate and will not exceed the cost of the programme.

The Contracting States shall communicate directly to the Secretariat of the League of Nations at short notice. 1 , the list of recognised authorities competent to issue legitimising cards.

Until the institution of the above regime has been defined, the facilities already granted by the States will not be restricted.

The provisions of this Article, except those relating to the legitimising card, shall apply to samples and models which, dutiable and not subject to prohibition, would be imported by manufacturers, traders or Trade travellers established in any of the Contracting States, even if such manufacturers, traders or commercial travellers do not accompany such samples or models.

Model

State Name

(Issuing authority)


1 See note 1 to art. 6.

Trade-traveller legitimation card

Valid for twelve months from the date of issue

Good for

N O From the map

It is hereby certified that the holder of this card,

M

Born to

Remaining to

, street

N O

Owns *)

To

By reason of trade

(or) is a traveler at home/house service

To

Which has */own

By reason of trade

The holder of this card proposing to collect orders in the aforementioned countries and to make purchases for the house (s) of which it is concerned, it is certified that the said house (s) is authorised to practice sound (their) Industry (s) and its trade (s) to () And pay for the legal contributions to that effect.

The

19

Signature of the head of the house (s):

Reporting of bearer:

Age:

Size:

Horses:

Special Signs:

Signature of holder:

* Indication of the factory or trade.

N.B. -Only Item I of the form must be completed when the head of a commercial or industrial establishment is involved.

Art. 11

The Contracting States shall limit as far as possible the cases where certificates of origin are required.

In accordance with this principle, and being understood that the customs administrations retain their full right of control over the actual origin of the goods and, therefore, the power to require, notwithstanding the production of certificates, all The Contracting States agree to comply with the following provisions:

1.
The Contracting States shall apply as simple and equitable as possible the procedure and formalities relating to the grant and recognition of certificates of origin, and shall bring to the public's knowledge the cases in Which certificates are required and the conditions to which they are issued.
2.
Certificates of origin may emanate not only from the official authorities of the Contracting States, but also from all bodies having the competence and presenting the necessary guarantees which would have been previously approved by each of the States Interested 1 . Each Contracting State shall communicate as soon as possible to the Secretariat of the League of Nations 2 , the list of organizations that it will have the authority to issue certificates of origin. Each State reserves the right to withdraw its accreditation to any of the bodies so notified if it finds that the body has improperly issued the said certificates.
3.
In the event that the goods would not be imported directly from the country of origin, but would arrive by means of a contracting third country, the customs administrations will admit the certificates of origin established by the competent bodies of that country. Third countries, while reserving their right to check the admissibility of such certificates in the same way as those issued by the country of origin.
4.
Customs administrations will not require the production of the certificate of origin:
(a)
Where the person concerned waives the claim for the benefit of a scheme whose application is subject to the production of such a certificate;
(b)
Where the nature of the goods unquestionably establishes their origin and a prior agreement has been reached in that regard between the States concerned;
(c)
Where the goods are accompanied by a certificate attesting that they are entitled to a regional designation, provided that such title has been issued by a body authorised for that purpose and approved by the importing State.
5.
If the laws of their respective countries do not prevent them, the customs administrations will have to, in the event of reciprocity:
(a)
Also free from the proof of origin, outside the case of suspicion of abuse, imports which are clearly not of a commercial character or which, having this character, have only a low value;
(b)
Accept certificates of origin issued for goods that were not immediately exported, provided that the shipment of the goods took place within a period of one month or two months, depending on whether the country And the country of destination may or may not be contiguous, as these time limits are subject to extension, if the reasons given for the delay in transport appear to be sufficient.
6.
Where, for a plausible reason, the importer will not be in a position to present the certificate of origin on the importation of the goods, the period necessary for the production of the goods may be granted to the importer under the conditions Customs administrations will find it useful to guarantee the payment of any fees that may be payable. As the certificate is subsequently produced, the fees that would have been paid or recorded in excess will * be refunded as soon as possible.
For the purposes of this provision, account shall be taken of any conditions resulting from the counting of quotas.
7.
Certificates may be established, either in the language of the importing country or in the language of the exporting country, the customs of the importing country retaining, in case of doubt as to the content of the document, the option of requesting a translation.
8.
Certificates of origin will in principle be exempted from the consular visa, especially when they come from customs administrations. If, in exceptional cases, the consular visa remains required, the persons concerned may, at their choice, submit the certificates of origin to the visa, either from the consul of their jurisdiction or from the consul of a neighbouring jurisdiction; the cost of the visa will also have to be reduced And may not exceed the cost of the program, especially when it is a low-value shipment.
9.
The provisions of this Article shall apply to all documents acting as certificates of origin.

1 For the list of Swiss offices of the certificates of origin, see Appendix 1 of the O of 4 July 1984 on origin (RS 946.31 ).
2 See note 1 to art. 6.

Art. 12

The documents referred to as "consular invoices" will only be payable as long as the production is made necessary, or to establish the origin of the imported goods, where the origin is likely to affect the conditions of admission of the In order to determine the value of the goods, in the case of ad valorem fees for the application of which the commercial invoice would not be sufficient.

The context of consular invoices will be simplified in order to avoid any complications or difficulties and to facilitate the establishment of these titles by the trade concerned.

The cost of the consular invoice visa will only include a fixed fee, which will have to be reduced as much as possible, and no more than three copies will be required for the same invoice.

Art. 13

Where the regime applicable to any class of imported goods depends on the performance of special technical conditions, in terms of composition, degree of purity, quality, health status, area of production Or other similar conditions, the Contracting States shall endeavour to conclude agreements under which the certificates issued, as well as stamps or marks affixed in the exporting country, to ensure that the said conditions are Filled, will be accepted, without the goods being subjected to a second analysis Or a new trial in the importing country, subject to special guarantees, where there is a presumption that the requirements are not met. The importing State should have the same guarantees as regards the authority issuing the certificates, as well as the nature and character of the tests required in the exporting country. On the other hand, the customs administration of the importing State should retain the right to carry out a counteranalysis whenever it has particular reasons to use it.

To facilitate the generalisation of such agreements, it would be useful to introduce the following specifications:

(a)
Methods to be followed uniformly by all laboratories responsible for carrying out analyses or tests, which may be periodically reviewed at the request of one or more States party to such agreements;
(b)
The nature and character of the tests to be performed in each of the States Parties to the said agreements, having been careful to determine the degree of purity payable for the products, so as not to lead to a genuine prohibition.
Art. 14 A. Quick Release of Goods B. Travellers' Baggage Tour C. Warehousing and Shopping Taxes D. Goods in the Manifest and Non-Landed E. Cooperation of Interested Services

The Contracting States shall examine the most appropriate methods for simplifying and making more uniform, at the same time more equitable, by means of an action, either individual or concerted, the formalities relating to prompt clearance Goods, visiting passengers' baggage, the goods in warehouse, shopping taxes, and other matters set out in the schedule to this section.

For the purposes of this Article, the Contracting States shall consider favourably the recommendations contained in this Annex.

Annex to Art. 14

A. Quick Release of Goods

B. Tour of travellers' baggage

C. Warehouse goods regime and shopping taxes

D. Goods contained in the manifest and not landed

E. Cooperation of interested services

18. It is desirable to develop the institution of international stations and to achieve the effective cooperation of the various national services which are installed there.

It would also be appropriate to establish, as far as possible, the effective agreement of the duties and hours of operation of the corresponding offices of two neighbouring countries on either side of the border, be they roads, River or railway tracks. The establishment of customs offices of neighbouring countries in one place and, if feasible, in the same building, should be as widely available as possible.

In order to implement the recommendations contained in this section E, it is desirable for an International Conference to be convened, with representation from all interested administrations and organizations.

Art. 15

Each of the Contracting States undertakes, subject to sufficient guarantees on the part of the carriers and subject to the penalties of law in the case of fraud or illegal importation, to authorize direct and ex officio transport, without a customs visit to The border, checked baggage, the place of dispatch abroad to an office of the interior of its territory, if that office is qualified for that purpose. States will publish the list of offices so qualified. It is understood that the traveller will be able to declare his or her luggage at the first port of entry.

Art. 16

The Contracting States, while reserving all rights to the economy of their own legislation on temporary imports and exports, shall, as far as possible, draw on the concepts set out in the Annex to this Article in respect of the Affects the regime of goods imported or exported for further processing, objects intended to be included in exhibitions of a public nature, whether they have an industrial, commercial, artistic or scientific purpose, Experienced and demonstration equipment and objects, passenger vehicles and/or Moving, samples, packaging, exported goods subject to return, and any other similar species.

Annex to Article 16

1. It is desirable that the provisions of the laws and regulations on temporary imports and exports be simplified to the extent that circumstances permit, and that they receive advertising under s. 4 and 5 of this Convention.

2. It is desirable that the implementing measures should, as far as possible, be the subject of general provisions, so that all interested persons or firms can know and benefit from it.

3. It is desirable that the processes used to identify the goods be as simple as possible, and, to this end, it is recommended that:

(a)
To take account of the guarantees resulting from the existence on the objects of marks affixed by the customs administrations of other States;
(b)
To admit the system of identification by way of models or samples and also by means of complete and detailed drawings or descriptions, especially where the affixing of marks would be impossible or would have disadvantages.

4. It is desirable that the formalities, both declaration and verification, can be completed, not only in the border offices, but also in all offices located within the country and having received the necessary functions. This purpose.

5. It is desirable that sufficient time limits be granted for the carrying out of the work for which imports and temporary exports are carried out, irrespective of the unforeseen circumstances which may delay them Completion and extension of time in case of need.

6. It is desirable that guarantees be accepted in the form of both conditional and cash payments.

7. It is desirable that bonds be repaid or released as soon as all of the obligations that have been incurred have been met.

Art. 17

This Convention shall not affect the general or special measures which a Contracting State would be exceptionally obliged to take in the event of serious events affecting the security of the country or its vital interests, on the understanding that Principle of fair treatment of trade must always be observed to the greatest extent possible. Nor shall it give a preliminary ruling on the measures which the Contracting States may be required to take to ensure the health of men, animals or plants.

Art. 18

This Convention shall not impose any obligation on any of the Contracting States which would be contrary to its rights and duties as a member of the League of Nations.

Art. 19

The undertakings entered into by Contracting States in the field of customs regulations, pursuant to treaties, conventions or agreements concluded by them before the date of 3 November 1923, shall not be repealed as a result of the implementation of this Convention.

As a result of this non-repeal, the Contracting States undertake, as soon as the circumstances make it possible and at least at the time of the expiry of those agreements, to make the undertakings thus maintained that contravene the The provisions of this Convention, any amendments intended to bring them in harmony with them, on the understanding that this undertaking does not apply to the provisions of the Treaties which ended the war from 1914 to 1918, to which the This Convention shall not affect any infringement.

Art.

In accordance with Art. 2 3 th of the Covenant of the League of Nations 1 , any Contracting State which may validly invoke against the application of any of the provisions of this Convention, on all or part of its territory, a serious economic situation resulting from the devastation committed on its Soil during the war of 1914-1918, will be regarded as temporarily relieved of obligations arising from the application of that provision, being understood that the principle of fair treatment of trade, to which the Contracting States Force, must be observed to the extent possible.


1 See footnote 3 in the preamble.

Art.

It is understood that this Convention should not be interpreted as regulating in any way rights and obligations Inter se Of territories forming part of or under the protection of the same sovereign State, whether or not these territories taken individually are Contracting States.

Art.

If a dispute arises between two or more Contracting States concerning the interpretation or application of the provisions of this Convention and the dispute cannot be settled either directly between the parties or by means of Any other means of amicable settlement, the parties to the dispute may, before resorting to any arbitral or judicial procedure, submit the dispute, for the purpose of amicable composition, to any technical body other than the Council of the Society of Nations may designate for this purpose. This body will provide an advisory opinion after hearing the parties and, if necessary, meeting them.

The advisory opinion formulated by the said body shall not bind the parties to the dispute, unless it is accepted by each of them, and the parties will retain the freedom, either after resorting to the above mentioned procedure, or Replace this procedure, to resort to any other arbitral or judicial proceedings of their choice, including the proceedings before the Permanent Court of International Justice 1 , for all matters which are within the jurisdiction of the Court, in accordance with its Statute.

If a dispute of the nature specified in the first paragraph of this Article arises in respect of the interpretation or application, either paras. 2 or 3 of the art. 4, or s. 7 of this Convention, the parties shall, at the request of one of them, submit the subject-matter of the dispute to the decision of the Permanent Court of International Justice, whether or not they have previously resorted to the procedure specified in § 1 Er In this article.

The proceedings before the body referred to above or the opinion formulated by it shall in no case result in the suspension of the measure which is the subject of the dispute; the same shall apply in the case of an proceedings before the Permanent Court of Justice Unless the international community decides otherwise under s. 41 of its status 2 .


1 The Permanent Court of International Justice was dissolved by resolution of the Assembly of the League of Nations of 18 April 1946 (FF 1946 II 1186) and replaced by the International Court of Justice (RS 0.120 Art. 92 to 96).
2 [RO 37 770]. This article currently corresponds to art. 41 of the Statute of the International Court of Justice of 26 June 1945 (RS 0.193.501 ).

Art.

This Convention, of which the English texts in English shall be equally authentic, shall bear the date of this day and shall, until October 31, 1924, open for signature by any State represented at the Geneva Conference, of any member of the Society of Nations and any State to which the Council of the League of Nations shall have communicated a copy of this Convention to that effect.

Art. 24

This Convention is subject to ratification. The instruments of ratification shall be transmitted to the General Secretariat of the League of Nations, which shall notify the members of the League of the signatories of the Convention and the other signatory States of the deposit.

Art. 25

From 31 October 1924, any State represented at the Conference referred to in Art. 23, and not a signatory to the Convention, any member of the League of Nations and any State to which the Council of the League of Nations has, for that purpose, communicated a copy, may accede to this Convention.

This accession shall be effected by means of an instrument communicated to the General Secretariat of the League of Nations 1 , for tabling in the archives of the Secretariat. The Secretariat-General will notify the members of the League of Nations, signatories of the Convention, as well as the other signatory states.


1 See note 1 to art. 6.

Art. 26

This Convention shall enter into force only after having been ratified by five powers. The date of its entry into force shall be the ninetieth day after the receipt by the Secretary-General of the League of Nations of the fifth ratification. Thereafter, the present Convention shall take effect, in respect of each of the Parties, ninety days after the receipt of the ratification or notification of accession.

In accordance with the provisions of Art. 18 of the Covenant of the League of Nations, the Secretary-General shall register this Convention on the date of entry into force of this Convention.

Art. 27

A special collection will be held by the Secretary-General of the League of Nations 1 , indicating which parties have signed, ratified or acceded to this Convention. This collection will be constantly open to the members of the Society and will be published as often as possible, as indicated by the Council.


1 See note 1 to art. 6.

Art. 28

This Convention may be denounced by written notification addressed to the Secretary-General of the League of Nations 1 The denunciation shall become effective one year after the date of its receipt by the Secretary-General and shall have effect only in respect of the member of the League of Nations or the State denouncing it.

The Secretary-General of the League of Nations shall bring to the knowledge of each member of the League of Nations Signatories of the Convention or members of the Convention and of the other signatory States or acceding States any denunciation received by Him.


1 See note 1 to art. 6.

Art.

Any State signatory or acceding to this Convention may declare, either at the time of its signature or at the time of its ratification or accession, that its acceptance of this Convention does not commit, either the whole or its Protectorates, colonies, possessions or overseas territories subject to its sovereignty or authority, and may, subsequently and in accordance with Art. 25, to join separately in the name of any of its protectorates, colonies, possessions or overseas territories, excluded by that declaration.

Denunciation may also be carried out separately for any protectorate, colony, possession or territory of the United States; the provisions of Art. 28 will apply to this denunciation.

Art. Protocol Scope of the Convention on 25 May 2004 Reservations and declarations

The Council of the League of Nations shall be requested to consider the desirability of convening a Conference for the purpose of revision of this Convention, if one third of the Contracting States so request.

In witness whereof, The aforementioned Plenipotentiaries have signed this Convention.

Done at Geneva, on November 3, one thousand nine hundred and twenty-three, in simple shipment that will be deposited in the archives of the Secretariat of the League of Nations 1 Copy shall be provided to all States represented at the Conference.

(Suivent signatures)


1 See note 1 to art. 6.

Protocol

At the time of signing the Convention, for the simplification of customs formalities, concluded on the date of this day, the undersigned, duly authorised, have agreed as follows:

1.
It is understood that the obligations which result, for the Contracting States, of the above mentioned Convention do not affect in any way those which they have contracted or may contract in the future, in accordance with treaties or agreements International efforts to safeguard the health of humans, animals or plants (including the International Opium Convention) 5 , or intended to defend public morals or for the purpose of international security.
2.
With respect to the application of s. 3, Canada's Commitment 6 Binds only the Federal Government without engaging the Governments of the Provinces to which the Canadian Constitution provides the authority to prohibit or restrict the importation of certain products within their territory.
3.
With regard to the application of art. 4 and 5, the accession of Brazil and Canada implies, for those States, the responsibility of the Federal Government, in respect of exports, only to the extent that it itself takes tariff or regulatory provisions referred to in those Articles, without That it can assume no responsibility for the provisions of the same order taken by the States or Provinces under the rights conferred on them by the Constitution of the country.
4.
With respect to the application of s. 4 and the second paragraph of Art. 5, the undertaking subscribed by Germany does not imply the obligation to publish certain minimal taxes which it collects or certain special formalities which it applies, which are not enacted by it, but established by any of the Federated States or any local authority.
5.
For the application of s. 11, the Contracting States recognise that the rules laid down by them constitute minimum guarantees which may be claimed by all the Contracting States, but do not exclude the extension or adaptation of those rules in agreements Bilateral or other that those States would establish voluntarily between themselves.
6.
Given the special conditions in which they are located, the Governments of Spain 7 , Finland, Poland and Portugal 8 Declared that they reserve the right to excepter, at the time of ratification, art. 10, and that they are obliged to apply the said article only after a period of five years from the date of that day.

A similar statement was made by the Governments of Spain, Greece and Portugal in respect of 8 ° of art. 11 of the Convention and the Governments of Spain and Portugal in respect of the 3 ° of the same article. The Government of Poland has made a similar statement concerning the application of the whole of this Article with the exception of 1 °, 2 °, 4 °, 5 °, 7 ° and 9 °, to which it agrees to comply as soon as it is in force, in respect of which Of the said Convention.

The other Contracting States, by stating that they accept the reservations thus formulated, state that they themselves will not be bound, in respect of the matters covered by them, in respect of the States which benefit from them, only when the application of the provisions So deferred shall, on the part of those States, become effective.

Exceptions made subsequently by other governments at the time of ratification or accession, as regards art. 10, art. 11 or special provisions of these Articles shall be allowed, for the duration referred to in the first subparagraph and under the conditions mentioned in the third paragraph above, if the Council of the League of Nations decides so, after consulting the The technical body provided for in Art. 22 of the Convention.

This Protocol shall have the same force, value and duration as the Convention entered into on the date of that day and shall be regarded as an integral part thereof.

In witness whereof, The aforementioned Plenipotentiaries have signed this Convention.

Done at Geneva, on November 3, one thousand nine hundred and twenty-three, in a single shipment which shall be deposited in the archives of the Secretariat of the League of Nations; a true copy shall be given to all States represented at the Conference.

(Suivent signatures)


Scope of the Convention on 25 May 2004

States Parties

Ratification Accession (A) Declaration of succession (S)

Entry into force

South Africa

29 August

1924

27 November

1924

Germany *

1 Er August

1925

30 October

1925

Australia * *

13 March

1925

11 June

1925

Austria

11 September

1924

10 December

1924

Belgium

Brazil *

10 July

1929

8 October

1929

Bulgaria

10 December

1926

10 March

1927

China

Hong Kong A

6 June

1997

1 Er July

1997

Cyprus

6 May

1964 S

August 16

1960

Denmark

17 May

1924

27 November

1924

Egypt

23 March

1925

21 June

1925

Estonia

28 February

1930

29 May

1930

Finland *

23 May

1928

August 21

1928

France * **

13 September

1926

12 December

1926

Greece *

July 6

1927

4 October

1927

Hungary

23 February

1926

24 May

1926

India

13 March

1925

11 June

1925

Iran

8 May

1925 A

August 6

1925

Iraq

3 May

1934 A

1 Er August

1934

Israel

29 August

1966 A

27 November

1966

Italy

13 June

1924

27 November

1924

Japan

July 29

1952

27 October

1952

Lesotho

12 January

1970 A

12 April

1970

Latvia

28 September

1931

27 December

1931

Lebanon

March 9

1933 A

7 June

1933

Luxembourg

10 June

1927

8 September

1927

Malawi

February 16

1967 A

17 May

1967

Myanmar

13 March

1925 A

11 June

1925

Niger

March 14

1966 A

12 June

1966

Nigeria

September 14

1964 S

1 Er October

1960

Norway

7 September

1926

6 December

1926

New Zealand

29 August

1924

27 November

1924

Pakistan

27 January

1951 S

August 15

1947

Netherlands *

30 May

1925

August 28

1925

Curaçao

30 May

1925

August 28

1925

Poland *

4 September

1931

3 December

1931

Czech Republic

February 9

1996 S

1 Er January

1993

Romania *

December 23

1925

23 March

1926

United Kingdom *

29 August

1924

27 November

1924

Solomon Islands

3 September

1981 S

7 July

1978

Serbia and Montenegro

12 March

2001 S

April 27

1992

Singapore

22 December

1967 A

21 March

1968

Slovakia

28 May

1993 S

1 Er January

1993

Sweden

12 February

1926

13 May

1926

Switzerland

3 January

1927

3 April

1927

Syria

March 9

1933 A

7 June

1933

Thailand

19 May

1925

August 17

1925

Tonga

11 November

1977 S

4 June

1970

Zimbabwe

1 Er December

1998 S

18 April

1980

*

Reservations and declarations, see below

**

Excluding Norfolk Island.

***

Does not apply to colonies subject to French sovereignty.

A

From 30 October 1995 to 30 June 1997, the Convention was applicable to Hong Kong on the basis of a 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.


Reservations and declarations

Germany

See chap. 4 of the Protocol annexed to the Convention.

Brazil

See chap. 3 of the Protocol annexed to the Convention.

Finland

See chap. 6 of the Protocol annexed to the Convention.

Greece

See chap. 6 of the Protocol annexed to the Convention.

Netherlands

The Netherlands has stated, with reference to Art. 29 of the Convention, that the Netherlands Government, while accepting the Convention only for the Kingdom in Europe, does not categorically rule out its accession with regard to the Overseas Territories, but that the Government differs Accession, and reserves the right to join at a later date, either for the whole or for any of its overseas territories.

Poland

See chap. 6 of the Protocol annexed to the Convention.

Romania

The Royal Government of Romania reserves the same reservations as those formulated by the various governments-inserted in the c. 6 of the Protocol-and accordingly the Royal Government means that s. 22 of the Convention confers the right to make use of the procedure provided for in that article to the High Contracting Parties only-for matters of a general nature-simple individuals who can only refer to the national judicial authorities In case of disagreement with the authorities of the Kingdom.

United Kingdom

It shall be declared in the instrument of ratification that the instrument of ratification does not extend to the Dominion of Canada, the Commonwealth of Australia (or any territory under its authority), the Free State of Ireland and India and, pursuant to the faculty provided for in Art. 29 of the Convention, this ratification does not extend to the island of Newfoundland or to the territories under the mandate of Her Majesty: Iraq and Nauru. It does not extend to Sudan.


RS 12 611; FF 1926 1933


1 The English text is equally authentic.
2 RO 43 29.
3 The League of Nations was dissolved by resolution of its Assembly of 18 April 1946 (FF 1946 II 1193). Art. 23 let. E of the SDN Pact read as follows: Subject to the reservation, and in accordance with the provisions of the existing international conventions or which will subsequently be concluded, the members of the Company shall: ...... e. Will make the necessary arrangements to ensure the guarantee and maintenance of the freedom of communications and transit, as well as a fair treatment of the trade of all members of the Society, being understood that the special needs of the Regions devastated during the war of 1914-1918 will have to be considered."
4 [RO 24 84 1. RO 44 463]. Presently " the stipulations of art. 25 of Appendix B to the Conv. Of 9 May 1980 on international rail transport " (RS 0.742.403.1 ).
5 RS 0.812.121.2
6 This country has signed but has not ratified this Convention.
7 This country has signed but has not ratified this Convention.
8 This country has signed but has not ratified this Convention.


Status August 17, 2004