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ORGANIZATION OF A SYSTEM OF INTERNATIONAL CUSTOMS DEPOSITS WITH CHINA TAIWAN FOR THE TEMPORARY ADMISSION OF GOODS PROTOCOL BETWEEN THE GUARANTEEING ASSOCIATIONS


【颁发部门】

【发文字号】

【颁发时间】 1970-08-19

【实施时间】

【效力属性】


1 PROTOCOL BETWEEN THE GUARANTEEING ASSOCIATIONS (*)ARTICLE 1The undersigned guaranteeing associations have agreed to organi-se by the present protocol a system of international customs de-posits for import duties chargeable on the temporary admissionof goods in the customs territories within their areas of compe-tence when such goods are covered by a customs carnet hereafterreferred to as CPD/China-Taiwan carnet.ARTICLE 2The present protocol relates to the temporary admission of allgoods-which can circulate freely for international trade purpos-es under the following conventions and according to the modalit-ies set forth therein:- Customs Convention to facilitate the importation of commercialsamples and advertising material, signed in Geneva on 7 Novem-ber 1952;- Customs Convention on the temporary importation of profession-al equipment, done at Brussels on 8 June 1961;- Customs Convention concerning facilities for the importationof goods for display or use at exhibitions, fairs, meetings orsimilar events, done at Brussels on 8 June 1961;- Customs Convention on the ATA Carnet for the temporary admiss-ion of goods (ATA Convention), done at Brussels on 6 December1961;- all other international Coventions or agreements between cust-oms The protocol will be implemented according to the rules laid do-wn:- in the ATA Convention,- in the statement of the International Bureau of Chambers of C-ommerce of the International Chamber of Commerce and its impl-ementing directives-present and future,- and in the present text.It is expressly agreed that the International Bureau of Chambersof Commerce of the International Chamber of Commerce will en-sure the implementation of the system of international customsdeposits established under the present protocol.(*) see pages 66 and 67 of present document.administrations relating to temporary admission operations under the laws and/or regulations applicable in the territo- ry of temporary admission. ARTICLE 3 (*)For the purposes of the present protocola) the term "import duties" means customs duties and all otherduties and taxes payable on or in connection with importatio-n, and shall include all internal taxes and excise duties ch-argeable on imported goods. but shall not include fees and c-harges which are limited in amount to the approximate cost ofservices rendered and do not represent an indirect protectionto domestic products or a taxation of imports for fiscal pur-poses;b) the term "temporary admission" means temporary importation f-ree of import duties in accordance with the conditions laiddown by the above Conventions or by the national laws and re-gulations of the country of importation;c) the term "transit" means the conveyance of goods from a cust-oms office in the territory of temporary admission or transitof a party signatory of the present protocol to another cust-oms office within the same territory, in accordance with theconditions laid down in the national laws and regulations ofthat contracting party;d) the term "customs carnet" means the document hereinafter ref-erred to as CPD/China-Taiwan carnet and reproduced as annex 1to the present protocol of which it is an integral part;e) the term "guaranteeing association" means a Chamber of Comme-rce or an organisation of Chambers of Commerce or an associa-tion which- has been approved by the customs authorities of its countryto guarantee payment of the import duties owed to them in respect of goods covered by CPD/China-Taiwan carnets. - has joined the system of international customs deposits im-plemented by the IBCC of the ICC - has organised with the Chambers of Commerce of its area orwith other associations a national guarantee system enabli- ng them to deliver CPD/China-Taiwan carnets. (*) the following definitions are those given in Article 1 of t-he ATA Convention except the definitions under paragraphs d) and e). ARTICLE 4The undersigned guaranteeing associations declare that CPD/China-Taiwancarnets issued under their responsibility are delivered in acc- ordance with the rules laid down in the ATA convention of 6 De- cember 1961, and in the IBCC statement and its implementing di- rectives which have been published since the cntry into forceof the said Convention. The guaranteeing associations will keep each other informed ofthe operations of temporary admission or transit in respect ofwhich they accept to guarantee CPD/China-Taiwan carnets.ARTICLE 5When they have been approved by their national customs authorit-ies for the purpose of guaranteeing the payment of import dutiesin respect of goods coming under the present protocol, the sign-atories of the protocol shall guarantee the payment of import duties in respect of goods dispatched by their nationals to cou-ntries covered by the said protocol.However, such approval which can only be given to one guarantee-ing association in each country shall only become effective uponprovision by the said association of all the guarantees requiredby the IBCC and indicated in the annexes to the present protoco-l, including payment of the membership fee of the IBCC Chain.In countries where there are exchange control regulations, theguaranteeing associations shall not be entitled to give their g-uarantee unless their exchange control of fice has undertaken toauthorize all transfers necessary for the settlement of debts c-ontracted vis-a-vis other guaranteeing associations on accountof such guarantees.ARTICLE 6The period of validity of the CPD/China-Taiwan carnet shall notexceed one year as from the date of delivery of any carnet.ARTICLE 7The conditions for the grant of its guarantee shall be determin-ed by each guaranteeing association in conformity with the prov-isions laid down in the annexes to the present protocol.ARTICLE 8The guarantee granted shall be surety for the payment of importduties which would be to the customs authorities of the tempora-ry admission territory in the event of the goods introduced intothe said territory not being re-exported within the prescribedperiod. The guarantee shall further cover, up to 10% of the amo-unt of import duties, the payment of any other sums which wouldhave had to be deposited by the importer if there had no been noguarantee.ARTICLE 9When the goods covered by the guarantee granted by a signatoryof the present protocol duly approved in the country of originare introduced into a country where there is another signatoryof the said protocol the guarantee of the guaranteeing associat-ion approved by the customs authorities in the latter country s-hall immediately and automatically be substituted for the origi-nal guarantee.Such substitution shall take place successively under the sameconditions for one and the same product, as it passes through d-ifferent countries.ARTICLE 10Should the merchandise covered by the guarantee not be duly ree-xported from the territory of temporary admission within the pr-escribed period and thus become liable for import duties, the a-pproved guaranteeing association in the said territory shall paythe import duties owed to the creditory customs administration.The guaranteeing association which will have thus settled the i-mport duties in respect of merchandise covered by the guaranteeshall request the guaranteeing association which granted the in-itial guarantee to refund the duties paid on behalf of the impo-rter.Such refunding will be effected in conformity with the madaliti-es laid down in Article xz of the IBCC Protocol annexed heretoARTICLE 11All questions relating to the interpretation of the provisionsof the said protocol will be submitted to the IBCC Steering Com-mittee for decision.ARTICLE 12Any guaranteeing association infringing the provisions of the p-resent protocol will be liable to be expelled from the system,such expulsion to be decided by contracting parties jointly withthe IBCC's Steering Committee.ARTICLE 13All differences, disputes or contestations between the undersig-ned guaranteeing associations in connection with the implementa-tion of the provision of the present protocol shall be finallysettled under the Rules of Conciliation and Arbitration of theInternational Chamber of Commerce by one or more arbitrators ap-pointed in accordance with such Rules.ARTICLE 14The present Protocol is open for signature by the guaranteeingassociations as of date of signature of the agreement between E-UROCHAMBRES and CHINA EXTERNAL TRADE DEVELOPMENT COUNCIL releva-nt to the current protocol and will enter into force on the dateof its signature by the following concerned guaranteeing associ-ations and the International Bureau of Chambers of Commerce ofthe International Chamber of Commerce.GUARANTEEING ASSOCIATIONS FOR THE 12 EEC MEMBER STATESELGIUMFED ERATION NATIONALDES CHAMBERES DE COMMERCE ET D'INDUSTRIE DE BELGIQUE Mr. Function: [Signed] DENMARK DANISH CHAMBER OFCOMMERCE Mr. Function: [Signed] FRANCECHAMBER DECOMMERCE ET D'INDUSTRIE DE PARIS Mr. Function: [Signed] GREECECHAMBER DECOMMERCE ET D'INDUSTRIE D'ATHENES Mr. Function: [Signed] GERMANY DEUTSCHERINDUSTRIE-UND HANDELSTAG Mr. Function: [Signed] IREANDTHE DUBLIN CHAMBEROF COMMERCE Mr. Function: [Signed] ITALY UNIONE ITALIANA DELLECAMERE DI COMMERCIO, INDUSTRIA, ARTIGIANATO e AGRICOLTURA Mr. Function: [Signed] LUXEMBOURGCHAMBER DECOMMERCE DU GRAND DUCHE DE LUXEMBOURG Mr. Function: [Signed] THE NETHERLANDSKAMER VANKOOPHANDEL EN FABRIEKEN VOOR 'S- GRAVENHAGE Mr. Function: [Signed] PORTUGALASSOCIACAO COMERCIALDE LISBOA-CAMARA DE COMERCIO E INDUSTRIA PORTUGUESA Mr. Function: [Signed] SPAIN CONSEJO SUPERIOR DELAS CAMARAS DE COMMERCIO, INDUSTRIA Y NAVEGACION Mr. Function: [Signed] UNITED KINGDOMLONDONCHAMBER OF COMMERCE AND INDUSTRY Mr. Function: [Signed] INTERNATIONAL CHAMBER OF COMMERCETHE INTERNATIONAL BUREAU OF CHAMBERS OF COMMERCE OF THE INTERNA-TIONAL CHAMBER OF COMMERCEMr. JEAN-CHARLES ROUHERfunction: SECRETARY GENERAL[Signed]

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