Douaneovereenkomst betreffende de tijdelijke invoer voor persoonlijk gebruik van pleziervaartuigen en van luchtvaartuigen
PREAMBLE
The Contracting Parties,
Having regard to the Agreement providing for the Provisional Application of the Draft International Customs Conventions on Touring, on Commercial Road Vehicles and on the International Transport of Goods by Road, done at Geneva on 16 June 1949, and in particular, to article V of the Agreement, which provides that in the event that world-wide conventions dealing with the subject matter of the draft conventions provisionally applied by the Agreement “should be concluded, and upon their entry into force, any Government party to this Agreement, which becomes a party to one or more of those Conventions shall automatically be regarded as having denounced the present Agreement with respect to the Draft Convention or Conventions corresponding to any of those Conventions to which that Government has become a party”;
Having regard to the Convention concerning Customs Facilities for Touring and the Customs Convention on the Temporary Importation of Private Road Vehicles, both done at New York on 4 June 1954;
Considering that unlike the Draft International Customs Convention on Touring brought into provisional application by the Agreement of 16 June 1949, the said Conventions contain no provision concerning temporary duty-free importation of aircraft and pleasure boats other than kayaks and canoes in use and under 5.5 metres in length;
Desiring to facilitate the development of international touring by means of aircraft and pleasure boats;
Article 1
For the purpose of this Convention:
(a)
The term “import duties and import taxes” shall mean not only Customs duties but also all duties and taxes whatever chargeable by reason of importation;
(b)
The term “boats” shall mean all pleasure boats and pleasure vessels with or without engines together with their spare parts, and their normal accessories and equipment when imported with the boats or vessels;
(c)
The term “aircraft” shall mean all aircraft with or without engines together with their spare parts and their normal accessories and equipment when imported with the aircraft;
(d)
The term “private use” shall mean the use of aircraft or boats, by their owners or by persons who have possession or control of them, wether on hire or otherwise, for non-commercial purposes and, in particular, for purposes other than the transport of persons for remuneration, reward or other consideration or the industrial and commercial transport of goods with or without remuneration;
(e)
The term “temporary importation papers” shall mean the Customs document identifying the aircraft or boat and providing evidence of the guarantee or deposit of import duties and import taxes;
(f)
The term “persons” shall mean both natural and legal persons unless the context otherwise requires.
1.
Each of the Contracting Parties shall grant temporary admission without payment of import duties and import taxes and free of import prohibitions and restrictions, subject to re-exportation and to the other conditions laid down in this Convention, to aircraft and boats owned by persons normally resident outside its territory which are imported and utilized, for their private use on the occasion of a temporary visit, either by the owners of the aircraft or boats or by other persons normally resident outside its territory.
2.
Such aircraft and boats shall be covered by temporary importation papers guaranteeing payment of import duties and import taxes, and if the case should arise, of any Customs penalties incurred, subject to the special provision of paragraph 4 of article 27.
Article 3
The fuel contained in the supply tanks of aircraft and boats temporarily imported shall be admitted without payment of import duties and import taxes and free of import prohibitions and restrictions, provided that the supply tanks are of normal capacity, are located in the usual places and are connected to the engine, it being understood that the fuel contained in these tanks is intended exclusively for consumption by the aircraft or boat.
1.
Component parts imported for the repair of a particular aircraft or boat already temporarily imported shall be admitted temporarily without payment of import duties and import taxes and free of import prohibitions and restrictions. Contracting Parties may require these parts to be covered by temporary importation papers.
2.
Replaced parts which are not re-exported shall be liable to import duties and import taxes except where, in conformity with the regulations of the country concerned, they may be abandoned free of all expense to the Exchequer or destroyed, under official supervision, at the expense of the parties concerned.
Article 5
Temporary importation papers sent to associations authorized to issue the papers in question by the corresponding foreign associations, by international organizations or by the Customs authorities of the Contracting Parties, shall be admitted without payment of import duties and import taxes and free of import prohibitions and restrictions.
1.
Subject to such guarantees and under such conditions as it may determine, each Contracting Party may authorize associations, such as those affiliated to an international organization, to issue either directly or through corresponding associations the temporary importation papers covered by this Convention.
2.
Temporary importation papers may be valid for a single country or Customs territory or for several countries or Customs territories.
3.
The period of validity of these papers shall not exceed one year from the date of issue.
1.
Temporary importation papers valid for the territories of all or several of the Contracting Parties shall be known as carnets de passages en douane and shall conform in respect of aircraft to the standard form contained in Annex 1, and, in respect of boats, to the standard form contained in Annex 2, to this Convention.
2.
If a carnet de passages en douane is not valid for one or several territories, the issuing association shall indicate the fact on the cover and on the importation vouchers of the carnet.
3.
Temporary importation papers intended for boats and valid only for the territory of a single Contracting Party may conform to the standard form contained in Annex 3 to this Convention. Contracting Parties may also use other documents, in accordance with their legislation or regulations.
4.
The period of validity of temporary importation papers other than those issued by authorized associations as provided for in Article 6 shall be laid down by each Contracting Party in accordance with its legislation or regulations.
5.
Each Contracting Party shall, upon request, supply the other Contracting Parties with models of temporary importation papers valid for its territory, other than those appearing in the Annexes to this Convention.
Article 8
Temporary importation papers issued by authorized associations shall be made out in the name of the persons who own the aircraft or boats temporarily imported or who have the possession or control of them. When such papers, issued in respect of hired aircraft or boats are made out in the name of the person letting out on hire, the words “On hire to . . . .” followed by the name and the address of the normal residence in a foreign country of the person concerned, shall, when the Customs authorities of the country of temporary importation so require, be inserted on all counterfoils and vouchers used in connexion with the journeys of the person taking the aircraft or boat on hire.
1.
The weight to be declared on temporary importation papers is the net weight of aircraft or boats. It shall be expressed in the metric system. In the case of papers valid for one country only, the Customs authorities of that country may prescribe the use of another system.
2.
The value to be declared on temporary importation papers valid for one country only shall be expressed in the currency of that country. The value to be declared on a carnet de passages en douane shall be expressed in the currency of the country where the carnet is issued.
3.
The articles and tool-kit which form the normal equipment of aircraft or boats need not be specially declared on the temporary importation papers.
4.
When the Customs authorities so require, spare parts and accessories not considered as constituting the normal equipment of the aircraft or boat shall be declared on the temporary importation papers with the necessary particulars (such as weight and value) and shall be produced on exit from the country visited.
Article 10
Any particulars inserted on temporary importation papers by the issuing association may be altered only with the approval of the issuing or guaranteeing association. No alteration to the papers may be made after they have been passed by the Customs authorities of the country of importation except with the consent of those authorities.
1.
Aircraft and boats admitted under cover of temporary importation papers may be used, for their private use, by third persons duly authorized by the holders of the papers, provided that those third persons normally reside outside the country of importation and also fulfil the other conditions laid down in this Convention. The Customs authorities of the Contracting Parties shall have the right to require evidence that such third persons have been duly authorized by the holders of the papers and fulfil the aforesaid conditions. If this evidence does not appear sufficient, the Customs authorities may refuse use of these aircraft and boats in their country under cover of the papers. In the case of aircraft or boats which have been hired, each Contracting Party may require that the person taking the aircraft or boat on hire be present at the time of importation of the aircraft or boat.
2.
Notwithstanding the provisions of the preceding paragraph, the Customs authorities of the Contracting Parties may permit, under conditions of which they shall be the sole judges, an aircraft or boat circulating under cover of temporary importation papers to be manned by a crew composed of persons who are normally resident in the country of importation, in particular when the crew of the aircraft or boat acts on behalf of or under instructions from the holder of the temporary importation papers.
1.
Aircraft or boats mentioned in temporary importation papers shall be re-exported in the same general state, except for wear and tear, within the period of validity of such papers. In the case of aircraft or boats which have been hired, the Customs authorities of the Contracting Parties shall have the right to require the re-exportation of the aircraft or boat as soon as the hirer has left the country of temporary importation.
2.
Evidence of re-exportation shall be provided by the exit visa properly appended to the temporary importation papers by the Customs authorities of the country into which the aircraft or boat was temporarily imported.
3.
Contracting Parties may, however, make the discharge of temporary importation papers for aircraft subject to proof of the arrival of the aircraft in foreign territory.
1.
Nothwithstanding the requirement of re-exportation laid down in article 12, the re-exportation of badly damaged aircraft or boats shall not be required, in the case of duly authenticated accidents, provided that the aircraft or boats:
(a)
Are subjected to the import duties and import taxes to which they are liable; or
(b)
Are abandoned free of all expense to the Exchequer of the country into which they were imported temporarily; or
(c)
Are destroyed, under official supervision, at the expense of the parties concerned, any salvaged parts and materials being subjected to the import duties and import taxes to which they are liable, as the Customs authorities may require.
2.
When an aircraft or boat temporarily imported cannot be reexported as a result of a seizure, other than a seizure made at the suit of private persons, the requirement of re-exportation within the period of validity of the temporary importation papers shall be suspended for the duration of the seizure.
3.
The Customs authorities shall notify, so far as possible, to the guaranteeing association, seizures made by or on behalf of those Customs authorities of aircraft or boats admitted under cover of temporary importation papers guaranteed by that association and shall advise it of the measures they intend to take.
Article 14
An aircraft or boat imported into the territory of one of the Contracting Parties under cover of temporary importation papers may not be used, even incidentally, for transport against remuneration, reward or other consideration between points within the frontiers of that territory or outwards from that territory. It may not be hired out after importation and if it was imported on hire it may not be re-hired to any person other than the person who hired it originally.
Article 15
Persons entitled to temporary importation facilities may, during the period of validity of temporary importation papers, import the aircraft or boats covered by those papers as often as necessary, on condition that they have each passage (entry and exit) established by a visa of the Customs officers concerned if the Customs authorities so require. Temporary importation papers may however be made valid for a single journey only.
Article 16
When temporary importation papers without detachable vouchers for each passage are used for boats, the visas given by the Customs officers between the first entry and the final exit shall be provisional. Nevertheless, when the last visa is a provisional exit visa, it shall be admitted as proof of the re-exportation of the boat or component parts temporarily imported.
Article 17
When temporary importation papers with a detachable voucher for each passage are used, each entry visa implies the passing of the document by the Customs authorities, and each subsequent exit visa constitutes its final discharge, except as provided in article 18.
Article 18
When the Customs authorities of a country have finally and unconditionally discharged temporary importation papers they can no longer claim from the guaranteeing association payment of import duties and import taxes, unless the certificate of discharge was obtained improperly or fraudulently.
Article 19
Visas on temporary importation papers used under the conditions laid down in this Convention shall not be subject to the payment of charges for Customs attendance, provided such visas are issued at a Customs office or post during authorized hours.
Article 20
The lack of proof of re-exportation within the time allowed of aircraft or boats temporarily imported shall be disregarded when the aircraft or boats are presented to the Customs authorities for re-exportation within fourteen days from the expiry of the papers and satisfactory explanations of the delay are given.
Article 21
Each of the Contracting Parties shall recognize as valid extensions of validity of carnets de passages en douane granted by another Contracting State in accordance with the procedure laid down in Annex 4 to this Convention.
1.
Requests for extension of validity of temporary importation papers shall be presented to the competent Customs authorities before the expiry of the period of validity of these papers, unless this is rendered impossible by force majeure. If the temporary importation papers have been issued by an authorized association, the request for extension shall be made by the association which guarantees the papers.
2.
Extensions of time necessary for the re-exportation of aircraft or boats or component parts imported temporarily shall be granted when the persons concerned can establish to the satisfaction of the Customs authorities that they are prevented by force majeure from re-exporting the said aircraft, boats or component parts within the time allowed.
Article 23
Each of the Contracting Parties shall, unless the conditions of temporary admission are no longer satisfied, authorize, subject to whatever measures of control it may consider necessary, the renewal of temporary importation papers issued by the authorized associations and relating to aircraft, boats or component parts temporarily imported into its territory. Requests for renewal shall be presented by the guaranteeing association.
1.
If temporary importation papers have not been regularly discharged, the Customs authorities of the country of importation shall (whether the papers have expired or not) accept as evidence of re-exportation of the aircraft, boats or component parts the presentation of a certificate based on the standard form shown in Annex 5 to this Convention, issued by an official authority (consul, Customs, police, mayor, judicial officer, etc.), attesting the facts that the aircraft, boat or component parts in question have been presented to it and are outside the country of importation. The said Customs authorities may also accept any other documentary evidence that the aircraft, boat or component parts are outside the country of importation. In the case of papers, other than carnets de passages en douane, which have not expired, the said Customs authorities may require the papers to be surrendered to them before the date on which the aircraft or boat in question was certified to be outside the country of temporary importation. In the case of carnets, account shall be taken, as evidence of re-exportation of the aircraft, boats, or component parts, of the visas entered thereon by the Customs authorities of countries subsequently visited.
2.
In the case of the destruction, loss or theft of temporary importation papers not regularly discharged but relating to aircraft, boats or component parts which have been re-exported, the Customs authorities of the country of importation shall accept as proof of re-exportation the presentation of certificates based on the standard form shown in Annex 5 to this Convention issued by an official authority (consul, Customs, police, mayor, judicial officer, etc.), attesting the facts that the aircraft, boats or component parts in question have been presented to it and are outside the country of importation after the date of expiry of the papers. They may also accept any other documentary evidence that the aircraft, boats or component parts are outside the country of temporary importation.
3.
In the case of the destruction, loss or theft of carnets de passages en douane while aircraft, boats or component parts to which they refer are in the territory of one of the Contracting Parties, the Customs authorities of that Party shall, at the request of the association concerned, accept replacement documents the validity of which shall expire on the date of expiry of the validity of the carnets which they replace. This acceptance will annul the previous acceptance of the carnets destroyed, lost or stolen. If, instead of replacement documents, export licences or similar documents are issued for the re-exportation of the aircraft, boats or component parts, the exit visas on these licences or documents shall be considered as sufficient proof of re-exportation.
4.
If aircraft or boats are stolen after having been re-exported from the country of importation, without the exit having been regularly endorsed on the temporary importation papers and in the absence of entry visas on the papers entered thereon by the Customs authorities of countries subsequently visited, the papers may nevertheless be regularized provided that the guaranteeing association furnishes the papers together with such evidence of theft as may be considered sufficient. If the temporary importation papers have not expired, the Customs authorities may require their surrender.
Article 25
In the cases referred to in Article 24, the Customs authorities shall have the right to charge a regularization fee.
Article 26
Customs authorities shall not have the right to require from the guaranteeing association payment of import duties and import taxes on aircraft, boats or component parts temporarily imported when the non-discharge of the temporary importation papers has not been notified to the guaranteeing association within one year of the date of expiry of the validity of those papers.
1.
The guaranteeing associations shall have a period of one year from the date of notification of the non-discharge of temporary importation papers in which to furnish proof of the re-exportation of the aircraft, boats or component parts in question under the conditions laid down in this Convention.
2.
If such proof is not furnished within the time allowed, the guaranteeing association shall forthwith deposit or pay provisionally the import duties and import taxes payable. This deposit or payment shall become final after a period of one year from the date of the deposit or provisional payment. During the latter period, the guaranteeing association may still avail itself of the facilities provided by the preceding paragraph with a view to repayment of the sums deposited or paid.
3.
For countries whose regulations do not provide for the deposit or provisional payment of import duties and import taxes, payments made in conformity with the provisions of the preceding paragraph will be regarded as final, it being understood that the sums paid may be refunded when the conditions laid down in this article are fulfilled.
4.
In the case of the non-discharge of temporary importation papers, the guaranteeing association shall not be required to pay a sum greater than the total of the import duties and import taxes applicable to the aircraft, boats or component parts not re-exported, together with interest if applicable.
Article 28
The provisions of this Convention do not affect the right of the Contracting Parties, in the event of fraud, contravention or abuse, to take proceedings against holders of, or the persons using, temporary importation papers, for the recovery of the import duties and import taxes and also to impose any penalties to which such persons have rendered themselves liable. In such cases the guaranteeing associations shall lend their assistance to the Customs authorities.
Article 29
The Contracting Parties shall endeavour not to introduce Customs procedures which might have the effect of impeding the development of international touring.
Article 30
Any breach of the provisions of this Convention, any substitution, false declaration or act having the effect of causing a person or an article improperly to benefit from the system of importation laid down in this Convention, may render the offender liable in the country where the offence was committed to the penalties prescribed by the laws of that country.
Article 31
Nothing in this Convention shall prevent Contracting Parties which form a Customs or economic union from enacting special provisions applicable to persons normally resident in the countries forming that union.
Article 32.
Nothing in this Convention shall be deemed to prejudice the right of each Contracting Party to apply import prohibitions or restrictions based on considerations other than economic in character, for example considerations of public morality, public security, public health or hygiene.
1.
Countries members of the Economic Commission for Europe and countries admitted to the Commission in a consultative capacity under paragraph 8 of the Commission's terms of reference, may become Contracting Parties to this Convention:
(b)
By ratifying it after signing it subject to ratification;
2.
Such countries as may participate in certain activities of the Economic Commission for Europe in accordance with paragraph 11 of the Commission's terms of reference may become Contracting Parties to this Convention by acceding thereto after its entry into force.
3.
The Convention shall be open for signature until 31 August 1956 inclusive. Thereafter, it shall be open for accession.
4.
Ratification or accession shall be effected by the deposit of an instrument with the Secretary-General of the United Nations.
1.
This Convention shall come into force on the ninetieth day after five of the countries referred to in article 33, paragraph 1, have signed it without reservation of ratification or have deposited their instruments of ratification or accession.
2.
For any country ratifying or acceding to it after five countries have signed it without reservation of ratification or have deposited their instruments of ratification or accession, this Convention shall enter into force on the ninetieth day after the said country has deposited its instrument of ratification or accession.
1.
Any Contracting Party may denounce this Convention by so notifying the Secretary-General of the United Nations.
2.
Denunciation shall take effect fifteen months after the date of receipt by the Secretary-General of the notification of denunciation.
3.
The validity of temporary importation papers issued before the date when the denunciation takes effect shall not be affected thereby and the guarantee of the association shall hold good. Extensions granted in accordance with the conditions laid down in article 21 of this Convention shall similarly remain valid.
Article 36
This Convention shall cease to have effect if, for any period of twelve consecutive months after its entry into force, the number of Contracting Parties is less than five.
1.
Any country may, at the time of signing this Convention without reservation of ratification or of depositing its instrument of ratification or accession or at any time thereafter, declare by notification addressed to the Secretary-General of the United Nations that this Convention shall extend to all or any of the territories for the international relations of which it is responsible. The Convention shall extend to the territory or territories named in the notification as from the ninetieth day after its receipt by the Secretary-General or, if on that day the Convention has not yet entered into force, at the time of its entry into force.
2.
Any country which has made a declaration under the preceding paragraph extending this Convention to any territory for whose international relations it is responsible may denounce the Convention separately in respect of that territory in accordance with the provisions of article 35.
1.
Any dispute between two or more Contracting Parties concerning the interpretation or application of this Convention shall so far as possible be settled by negotiation between them.
2.
Any dispute which is not settled by negotiation shall be submitted to arbitration if any one of the Contracting Parties in dispute so requests and shall be referred accordingly to one or more arbitrators selected by agreement between the Parties in dispute. If within three months after the date of the request for arbitration the Parties in dispute are unable to agree on the selection of an arbitrator or arbitrators, any of those Parties may request the Secretary-General of the United Nations to nominate a single arbitrator to whom the dispute shall be referred for decision.
3.
The decision of the arbitrator or arbitrators appointed under the preceding paragraph shall be binding on the Contracting Parties in dispute.
1.
Each Contracting Party may, at the time of signing, ratifying, or acceding to, this Convention, declare that it does not consider itself as bound by article 38 of the Convention. Other Contracting Parties shall not be bound by article 38 in respect of any Contracting Party which has entered such a reservation.
2.
Any Contracting Party having entered a reservation as provided for in paragraph 1 may at any time withdraw such reservation by notifying the Secretary-General of the United Nations.
3.
No other reservation to this Convention shall be permitted.
1.
After this Convention has been in force for three years, any Contracting Party may, by notification to the Secretary-General of the United Nations, request that a conference be convened for the purpose of reviewing the Convention. The Secretary-General shall notify all Contracting Parties of the request and a review conference shall be convened by the Secretary-General if, within a period of four months following the date of notification by the Secretary-General, not less than one third of the Contracting Parties notify him of their concurrence with the request.
2.
If a conference is convened in accordance with the preceding paragraph, the Secretary-General shall notify all the Contracting Parties and invite them to submit within a period of three months such proposals as they may wish the conference to consider. The Secretary-General shall circulate to all Contracting Parties the provisional agenda for the conference together with the texts of such proposals at least three months before the date on which the conference is to meet.
3.
The Secretary-General shall invite to any conference convened in accordance with this article all countries referred to in article 33, paragraph 1, and countries which have become Contracting Parties under article 33, paragraph 2.
1.
Any Contracting Party may propose one or more amendments to this Convention. The text of any proposed amendments shall be transmitted to the Secretary-General of the United Nations who shall transmit it to all Contracting Parties and inform all other countries referred to in article 33, paragraph 1.
2.
Any proposed amendment circulated in accordance with the preceding paragraph shall be deemed to be accepted if no Contracting Party expresses an objection within a period of six months following the date of circulation of the proposed amendment by the Secretary-General.
3.
The Secretary-General shall, as soon as possible, notify all Contracting Parties whether an objection to the proposed amendment has been expressed. If an objection to the proposed amendment has been expressed, the amendment shall be deemed not to have been accepted and shall be of no effect whatever. If no such objection has been expressed the amendment shall enter into force for all Contracting Parties three months after the expiry of the period of six months referred to in the preceding paragraph.
4.
Independently of the amendment procedure laid down in paragraphs 1, 2 and 3 of this article, the annexes to this Convention may be modified by agreement between the competent Administrations of all the Contracting Parties. The Secretary-General shall fix the date of entry into force of the new texts resulting from such modifications.
Article 42
In addition to the notifications provided for in articles 40 and 41, the Secretary-General of the United Nations shall notify the countries referred to in article 33, paragraph 1, and the countries, which have become Contracting Parties under article 33, paragraph 2, of:
(a)
Signatures, ratifications and accessions under article 33;
(b)
The dates of entry into force of this Convention in accordance with article 34;
(c)
Denunciations under article 35;
(d)
The termination of this Convention in accordance with article 36;
(e)
Notifications received in accordance with article 37;
(f)
Declarations and notifications received in accordance with article 39, paragraphs 1 and 2;
(g)
The entry into force of any amendment in accordance with article 41.
Article 43
As soon as a country which is a Contracting Party to the Agreement providing for the Provisional Application of the Draft International Customs Conventions on Touring, on Commercial Road Vehicles, and on the International Transport of Goods by Road done at Geneva on 16 June 1949 becomes a Contracting Party to this Convention, it shall take the measures required by article IV of that Agreement to denounce it as regards the Draft International Customs Convention on Touring, in so far as this denunciation does not already result automatically from article V of that Agreement.
Article 44
The Protocol of Signature of this Convention shall have the same force, effect and duration as the Convention itself of which it shall be considered to be an integral part.
Article 45
After 31 August 1956, the original of this Convention shall be deposited with the Secretary-General of the United Nations, who shall transmit certified true copies to each of the countries mentioned in article 33, paragraphs 1 and 2.
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