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1 Article IIn order to strengthen the links of friendship and the economicrelations existing between the respective countries and more pa-rticularly in order to promote temporary admission of goods infavour of enterprises in the areas of competence of the signato-ry associations, the undersigned national guaranteeing associat-ions have agreed to organize by the present protocol a system ofinternational customs deposits for import duties chargeable onthe temporary admission of goods in the customs territories wit-hin their areas of competence when such goods are covered by acustoms carnet hereafter referred to as CPD Canada/china-TaiwanCarnet.Article lI(a) the term ”import duties”means customs dutiesand all otherduties and taxes payable on or in connection with importati-on and shall include all internal taxes and excise duties c-hargeable on imported goods, but shall not include fees andcharges which are limited in amount to the approximkate costof services rendered and do not represent an indirect prote-ction to domestic products or a taxation of imports for fis-cal purposes;(b) the term ”goods”shall mean all goods temporarily importedunder the terms of the following Conventions:1) the Customs Convention to facilitate the importation of c-ommercial samples and advertising material, signed in Gen-eva on 7 November l952;2) the Customs Convention concerning facilities for the impo-rtation of goods for display or use at exhibitions， faire, meetings or similar events, done at Brussels on 8 June 1961;3) the Articles 3 (2) and (3) of the Customs Convention on A.T.A Carnet for the temporary admission of goods (ATA Conv-ention), done at Brussels on 6 December 1961;4) All other international Conventions or agreements betweencustoms administrations relating to temporary admission o-perations or for operations of temporary admission author-ized under the laws and/or regulations applicable in theterritory of temporary admission;5) the protocol will be implemented according to the rules l-aid down:-in the ATA Convention,-in the statement of the Internatioual Bureau of Chambersof Commerce of the International Chamber of Commerce and its implementing directives-present and future, -and in the present text.the undersigned guaranteeing associations will undertaketo persuade their respective Customs Authorities to applythe opinions and comments expressed by the PTC of CustomsCooperation Council concerning the application of the ATAConvention;all matters pertaining to the interpretation and implemen-tation of the Protocol shall be settled with the particip-ation of the parties to the Protocol;6) it is expressly agreed that the International Bureau of C-hambers of Commerce of the International Chamber of Comme-rce will ensure the implementation and the administrationof the system of international customs deposits establish-ed under the present protocol;(c) the term ”temporary admission”means temporary importationfree of import duties in accordance with the conditions laiddown by the above Conventions or by the national laws and r-egulations of the country of importation;(d) the term ”transit”means the conveyance of goods from a cu-stoms office in the territory of temporary admission or tra-nsit of a party signatory of the present protocol to anothercustoms office within the same territory, in accordance withthe conditions laid down in the national laws and regulatio-ns of that contracting party;(e) the term ”customs carnet”means the document hereinafter r-eferred to as CPD Canada/China-Taiwan Carnet and reproducedas annex l to the present protocol of which it is an integr-al part;(f) the term ”guaranteeing association”means a Chamber of Com-merce or an organization of Chambers of Commerce or an asso-ciation which-has been approved by the customs authorities of its countryto guarantee payment of the import duties owed to them inrespect of goods covered by CPD Canada/China-Taiwan Carnets,-has joined the system of international customs deposits im-plemented by the IBCC of ICC,-has organized with the Chambers of Commerce of its area orwith other associations, anational guarantee system enabli-ng them to deliver CPD Canada/China-Taiwan Carnets.The undersigned guaranteeing associations declare that thecarnets issued under their responsibility are delivered inaccordance with the rules laid down in the ATA Convention of6 December l961 and in the IBCC Statements and its implemen-ting Directives which have been published since the entry i-nto force of the said Convention.Having regard to all the elements of assessment of the risksinvolved, the undersigned national organizations will keepeach other informed of the operations of temporary admissionor transit in respect of which they agree to guarantee carn-ets.Article IIIWhen they have been approved by their national customs authorit-ies for the purpose of guaranteeing the payment of import dutiesin respect of goods which are the subject of the present protoc-ol, each undersigned national organization is entitled to guara-ntee the payment of import duties in respect of goods despatchedby its nationals to the other country.ln each country, there shall be only one national organizationentitled to give its guarantee for all the traders residing wit-hin the customs territory. The period of validity of tha CPD Ca-nada/China-Taiwan Carnet shall not exceed one year as from thedate of delivery of any carnet.Article IVThe conditions for the grant of guarantee shall be determined bythe undersigned national guaranteeing associations in conformitywith the provisions laid down in the documents referred to in A-rticle II,5,above.When the guarantee is granted, the authoriz-ed guarantor organization shall affix its visa in accordance wi-th a model form which will be appended to the present Protocolon a Carnet of agreedupon format. This document shall be presen-ted on every Customs clearance together with the goods to whichit relates.Article VThe guarantee granted shall be surety for the payment of the im-port duties which would be due to the customs authorities of theimporting country in the event of the goods in question introdu-ced into the said country not being re-exported within the pres-cribed period. The guarantee shall further cover,up to l0% of t-he amount of import duties, the payment of any other sum whichwould have had to be deposited by the importer if there had beenno guarantee.Article VIWhen the goods covered by the guarantee given by the authorizednational organization in the country of origin are introduced i-nto the country of destination the guarantor organization in thelatter country shall, immediately and automatically, be substit-uted for the original guarantee.Article VIIShould the merchandise covered by the guarantee not be duly ree-xported from the country of import with in the prescribed periodand thus become liable for import duties, the authorized organi-zation in the country of import shall pay the import duties dueto the creditor customs administration.Article VIIIThe national organization which shall thus have settled the imp-ort duties in respect of merchandise covered by the guarantee s-hall request the organization which granted the original guaran-tee to refund the duties paid on behalf of the importer.Such refunding will be effected in conformity with the modaliti-es laid down in Article IX (or 9) of the IBCC annexed hereto.Article IXCalls for repayment shall be accompanied by proof of payment (c-ustoms receipts) in original and photocopy. Repayment will be m-ade within two months after receipt of proof of payment.Article XAll questions relating to the interpretation of the provisionsof the present protocol shall be submitted to the InternationalBureau of the Chamber of Commerce, for decision.Any guaranteeing association infringing the provisions of the p-resent protocol will be liableto be expelled from the system, s-uch expulsion to be decided by Contracting Parties jointly withthe IBCC's Steering Committee.Article XIAll differences, disputes or contestations between the undersig-ned national organizations in connection with the application ofthe provisions of the present protocol shall be finally settledunder the Rules of Conciliation and Arbitration of the Internat-ional Chamber of Commerce, by one or more arbitrators appointedin accordance with the Rules.Article XIIThe present Protocol shall be subject to ratification in accord-ance with the domestic legislation of the Contracting Parties a-nd shall enter into force on the date of the exchange of lettersindicating that it has been ratified. The exchange of letters s-hall be made by The Board of Foreign Trade of the Ministry of E-conomic Affairs in Taipei and The Conadian Trade Office in Taip-ei.The Protocol shall remain in force indefinitely, unless eitherContracting Party notifies in writing the other Contracting Par-ty 9O days in advance of its intention to terminate this Protoc-ol.Concluded in Taipei on lO November l994.GUARANTEEING ASSOCIATION FOR CHINA-TAIWANCHINA EXTERNAL TRADE DEVELOPMENT COUNCIL, TATPEI[Signed][Signed]Mr.Ronie H.K.HuangMr.Sam S.M.LeeFunction:Secretary GeneralFunction:Deputy Secretary GeneralGUARANTEEING ASSOCIATION FOR CANADATHE CANADIAN CHAMBER OF COMMERCE55 METCALFE ST.SUITE l160.OTTAWA.ONTARIO KIP 6N4 (OTTAWA-CANADA)[Signed][Signed]Mr.Bernard Wilson Mr.Timothy I.PageFunction:Chairm Function:Senior Vice PresidentINTERNATIONAL CHAMBER OF COMMERCETHE INTERNATIONAL BUREAU OF CHAMBERS OF COMMERCEOF THE INTERNATIONAL CHAMBER OF COMMERCE[Signed][Signedl]Mr.Jean-Charles RouherMr. Alain DestouchesFunction:ICC Secretary-GeneralFunction:IBCC AdministrativeDirector Annexes:-Protocol on the organization of a system of internatio-nal customs deposits respect of ATA Carnets -Statement on the ATA System adopted bythe IBCC