Desiring to give effect to the principle of
the equitable treatment of commerce laid down in Article 23 of
the Covenant of the League of Nations;
Convinced that the freeing of international
commerce from the burden of unnecessary, excessive or arbitrary
Customs or other similar formalities would constitute an important
step towards the attainment of this aim;
Considering that the best method of achieving
their present purpose is by means of an international agreement
based on just reciprocity;
Have decided to conclude a Convention for this
purpose;
The High Contracting Parties have accordingly
appointed as their Plenipotentiaries:
Who, after communicating their full powers,
found in good and due form, have agreed as follows:
Article 1. The Contracting States, with a view
to applying between themselves the principle and the stipulations
of Article 23 of the Covenant of the League of Nations with regard
to the equitable treatment of commerce, undertake that their
commercial relations shall not be hindered by excessive, unnecessary
or arbitrary Customs or other similar formalities.
The Contracting States therefore undertake
to revise, by all appropriate legislative or administrative measures,
the provisions affecting Customs or other similar formalities
which are prescribed by their laws or by rules, regulations or
instructions issued by their administrative authorities, with
a view to their simplification and adaptation, from time to time,
to the needs of foreign trade and to the avoidance of all hindrance
to such trade, except that which is absolutely necessary in order
to safeguard the essential interests of the State.
Article 2. The Contracting. States undertake
to observe strictly the principle of equitable treatment in respect
of Customs or other similar regulations or procedure, formalities
of the gram of licences, methods of verification or analysis,
and all other matters dealt with in the present Convention, and
consequently agree to abstain, in these matters, from any unjust
discrimination against the commerce of any Contracting State.
The above principle shall be invariably applied
even in cases in which certain Contracting States, in accordance
with their legislation or commercial agreements, may reciprocally
agree to accord still greater facilities than those resulting
from the present Convention.
Article 3. In view of the grave obstacles to
international trade caused by import and export prohibitions and
restrictions, the Contracting States undertake to adopt and apply,
as soon as circumstances permit, all measures calculated to reduce
such prohibitions and restrictions to the smallest number; they
undertake in any case, as regards import and export licences,
to do everything in their power to ensure:
(a) That the conditions to be fulfilled and
the formalities to be observed in order to obtain such licences
should be brought immediately in the clearest and most definite
form to the notice of the public;
(b) That the method of issue of the certificates
of licences should be as simple and stable as possible;
(c) That the examination of applications and
the issue of licences to the applicants should be carried out
with the least possible delay;
(d) That the system of issuing licences should
be such as to prevent the traffic in licences. With this object,
licences, when issued to individuals, should state the name of
the holder and should not be capable of being used by any other
person;
(e) That, in the event of the fixing of rations,
the formalities required by the importing country should not be
such as to prevent an equitable allocation of the quantities of
goods of which the importation is authorised.
Article 4. The Contracting States shall publish
promptly all regulations relating to Customs and similar formalities
and all modifications therein, which have not been already published,
in such a manner as to enable persons concerned to become acquainted
with them and to avoid the prejudice which might result from the
application of Customs formalities of which they are ignorant.
The Contracting States agree that no Customs
regulations shall be enforced before such regulations have been
published, either in the official journal of the country concerned
or through some other suitable official or private channel of
publicity.
This obligation to publish in advance extends
to all matters affecting tariffs and import and export prohibitions
or restrictions.
In cases, however, of a exceptional nature,
when previous publication would be likely to injure the essential
interests of the country, the pro s visions of the second and
third paragraphs of this Article will lose their obligatory forte.
In such cases, however, publication shall, so far as possible,
e take place simultaneously with the enforcement of the measure
in question.
Article 5. Every Contracting State whose tariff
has been u modified by successive additions and alterations affecting
a considerable number of articles shall publish a complete statement,
in an easily access Bible form, of all the duties levied as a
result of all the measures in force.
For this purpose all duties levied by the Customs
authorities by reason of importation or exportation shall be methodically
stated, whether they are customs duties, supplementary charges,
taxes on consumption or circulation, charges for handing goods
or similar charges, and in general all charges of any description,
it being understood that the above obligation is limited to duties
or charges which are levied on imported or exported goods on behalf
of the State and by reason of clearing goods through the Customs.
The charges to which goods re liable being
thus clearly stated, a clear indication shall be given in the
case of taxes on consumption and other taxes levied on behalf
of the State by reason of clearing goods through the Customs,
whether foreign goods are subject to a special tax owing to the
fact that, as an exceptional measure, goods of the country of
importation are not or are only partially liable to such taxes.
The Contracting States undertake to take the
necessary steps to enable traders to procure official information
in regard to Customs tariffs, particularly as to the amount of
the charges to which any given class of r goods is liable.
Article 6. In order to enable Contracting States
and their nationals to become acquainted as quickly as possible
with all the measures referred to in articles 4 and 5 which affect
their trade, each Contracting state undertakes to communicate
to the diplomatic representative of each other State, or such
other representative residing in its territory as may be designated
for the purpose, all publications issued in accordance with the
said Articles. Such communication will be made in duplicate and
so soon as publication is effected. If no such diplomatic or other
representative exists, the communication will be made to the State
concerned through such channel as it may designate for the purpose.
Further, each Contracting State undertakes
to forward to the Secretariat of the League of Nations, as soon
as they appear, ten copies of all publications issued in accordance
with Articles 4 and 5.
Each Contracting State also undertakes to communicate,
as soon as they appear, to the "International Office for
the publication of Customs Tariffs" at Brussels, which is
entrusted by the International Convention of July 5th, 1890, with
the translation and publication of such tariffs, ten copies of
all Customs tariffs or modifications therein which it may establish.
Article 7. The Contracting States undertake
to take the host appropriate measures by their national legislation
and administration both to prevent the arbitrary or unjust application
of their laws and regulations with regard to Customs and other
similar matters, and to ensure redress by administrative, judicial
or arbitral procedure for those who may have been prejudiced by
such abuses.
All such measures which are at present in force
or which may be taken hereafter shall be published in the manner
provided by Articles 4 and 5.
Article 8. Apart from cases in which their
importation may be prohibited, and unless it is indispensable
for the solution of the dispute that they should be produced,
goods which form the subject of a dispute as to the application
of the Customs tariff or as to their origin, place of departure
or value, must, at the request of the declarant, be at once placed
at his disposal without waiting for the solution of the dispute,
subject, however, to any measures that may be necessary for safeguarding
the interests of the State. It is understood that the refund of
the amount deposited in respect of duties or the cancellation
of the undertaking given by the declarant shall take place immediately
upon the solution of the dispute, which must, in any case, be
as speedy as possible.
Article 9. In order to indicate the progress
which has been made in all matters relating to the simplification
of the Customs and other similar formalities referred to in the
preceding Articles, each of the Contracting States shall, within
twelve months from the coming into force in its own case of the
present Convention, furnish the Secretary-General of the League
of Nations with a summary of all the steps which it has taken
to effect such simplification.
Similar summaries shall thereafter be furnished
every three years and whenever requested by the Council of the
League.
Article 10. Samples and specimens which are
liable to import duty, and the importation of which is not prohibited,
shall, when imported by manufacturers or traders established in
any of the Contracting States, either in person or through the
agency of commercial travellers, be temporarily admitted free
of duty to the territory of each of the Contracting States, subject
to the amount of the import duties being deposited or security
being given for payment if necessary.
To obtain this privilege, manufacturers or
traders and commercial - travellers must comply with the relevant
laws, regulations and Customs formalities prescribed by the said
States; these laws and regulations may require the parties concerned
to be provided with an identity card.
For the purpose of the present Article, all
objects representative of a specified category of goods shall
be considered as samples or specimens, provided, fist, that the
said articles are such that they can be duly identified on re-exportation,
and secondly, that the articles thus imported are not of such
quantity or value that, taken as a whole, they no longer constitute
samples in the usual sense.
The Customs authorities of any of the Contracting
States shall recognise as sufficient for the future identification
of the samples or specimens the marks which have been affixed
by the Customs authorities of any other Contracting State, provided
that the said samples or specimens are accompanied by a descriptive
list certified by the Customs authorities of the latter State.
Additional marks may, however, be affixed to the samples or specimens
by the Customs authorities of the importing country in all cases
in which the latter consider this additional guarantee indispensable
for ensuring the identification of the samples or specimens on
re-exportation. Except. in the latter case, Customs verification
shall be confined to identifying the samples and deciding the
total duties and charges to which they may eventually be liable.
The period allowed for re-exportation is fixed at not less than
six months, subject to prolongation by the Customs administration
of the importing country. When the period of grace has expired,
duty shall be payable on samples which have not been re-exported.
The refund of duties paid on importation, or
the release of the security for payment of these duties, shall
be effected without delay at any of the offices situated at the
frontier or in the interior of the country which possess the necessary
authority, and subject to the deduction of the duties payable
on samples or specimens not produced for re-exportation. The Contracting
States shall publish a list of the offices on which the said authority
has been conferred.
Where identity cards are required, they must
conform to the specimen annexed to this Article and be delivered
by an authority designated for this purpose by the State in which
she manufacturers or traders have their business headquarters.
Subject to reciprocity, no consular or other visa shall be required
on identity cards, unless a State shows that such a requirement
is rendered necessary by special or exceptional circumstances.
When a visa is required, its cost shall be as low as possible
and shall not exceed the cost of the service.
The Contracting States shall, as soon as possible,
communicate direct to each other, and also to the Secretariat
of the League of Nations, a list of the authorities recognised
as competent to issue identity cards.
Pending the introduction of the system defined
above, facilities at present granted by States shall not be curtailed.
The provisions of the present Article, except
those referring to identity cards, shall be applicable to samples
and specimens which are liable to import duties and the importation
of which is not prohibited, when imported by manufacturers, traders
or commercial travellers established in any of the Contracting
States, even if not accompanied by the said manufacturers, traders,
or commercial travellers.
(Specimen.)
Name of state.
(Issuing Office.)
Identity Card for Commercial Travellers.
Valid for twelve months including the day of
issue.
Good for.....................No. of Identity card.......
It is hereby certified that the bearer of fhis card
M..................................., born at..............
living at................ No........ Street,.............
is the owner of1......................................
at................................................................
for the purpose of trade..........................
(or) is a commercial traveller employed
by the firm of...................................
the firms of
at...........................................................
which possess.....................................
possesses
for the purposes of trade...........................
The bearer of this card intends to solicit orders in the above-mentioned countries and to make purchases for the firm(s) referred to. It is hereby certified that the said firm(s) is (are) authorised to carry out its (their) business card trade at ............. and that it pays (they pay) the taxes, as provided by law, for that purpose.
............., the............................ 19.......
Signature of the head of the firm(s)
Description of the bearer.
Age..................................
Height...............................
Hair...............................
Special Marks.......................
Signature of the bearer.
1 Stale
the articles or nature of the trade.
N. R. - The first entry should only be completed
for heads of commercial or manufacturing businesses.
Article 11. The Contracting States shall reduce
as far as possible the number of cases in which certificates of
origin are required.
In accordance with this principle, and subject
to the understanding that the Customs Administrations will retain
fully the right of verifying the real origin of goods and consequently
also the power to demand, in spite of the production of certificates,
any other proof they may deem necessary, the Contracting States
agree to comply with the following provisions:
1. The Contracting States shall take steps
to render as simple and equitable as possible the procedure and
formalities connected with the issue - and acceptance of certificates
- of origin, and they shall bring e to the notice of the public
the cases in which such certificates are required and the conditions
- on which they are issued.
2. Certificates of origin may be issued not
only by the official authorities of the Contracting States, but
also by any other organisations which possess the necessary authority
and offer the necessary guarantees and are previously approved
for this purpose by each of the States concerned. Each Contracting
State shall communicate as soon as possible to the Secretariat
of the League of Nations a list of organisations which it has
designated for the purpose of delivering certificates of origin.
Each State retains the right of withdrawing its approval from
any organisation which has been so notified to it, if it is shown
that such organisation has issued certificates in an improper
manner.
3. In cases where goods are not imported direct
from the country of origin, but are forwarded through the territory
of a third contracting country, the Customs administrations shall
accept the certificates of origin drawn up by the approved organisations
of the third contracting country, retaining, however, the right
to satisfy themselves that such certificates are in order in the
same manner as in the case of certificates issued by the country
of origin.
4. The Customs administrations shall not require the production of a certificate of origin:
(a) In cases where the person concerned renounces
all claim to the benefit of a regime which depends for application
upon the production of such a certificate.
(b) When the nature of the goods clearly establishes
their origin, and an agreement on this subject has been previously
concluded between the States concerned;
(c) When the goods are accompanied by a certificate
to a the effect that they are entitled to a regional appellation,
provided that this certificate has been issued by an organisation
designated for this purpose and approved by the importing State.
5. If the law of their respective countries
permits, and subject to reciprocity, Customs administrations shall:
(a) Except in cases where abuse is suspected,
dispense with proof of origin in regard to imports which are manifestly
not of a commercial nature, or which, although of a commercial
nature, are of small value;
(b) Accept certificates of origin issued in
respect of goods which are not exported immediately, provided
that such goods are dispatched within a period of either ono month
or two months, according as the exporting country and the country
of destination are or are not contiguous; this period may be extended,
provided that the reasons given for the delay in completing the
transport of the goods appear satisfactory.
6. When, for any sufficient reason, the importer
is unable to produce a. certificate of origin when he imports
his goods, the Customs authorities may grant him the period of
grace necessary for the production of this document, subject to
such conditions as they may judge necessary to guarantee the charges
which may eventually be payable. Upon the certificate being subsequently
produced, the charges which may have been paid, or the amount
paid in excess, shall be refunded at the earliest possible moment.
In applying the above provision, such conditions
as may result from the exhaustion of the quantities which may
be imported under a rationing system shall be taken into account.
7. Certificates may be either the language
of the importing country or the language of the exporting country,
the Customs authorities of the importing country retaining the
right to demand a translation in case of doubt as to the effect
of the document.
8. Certificates of origin shall not in principle
require a consular visa, particularly when they originate from
the Customs administrations. If, in exceptional cases, a consular
visa is required, the persons concerned may at their discretion
submit their certificates of origin either to the Consul of their
district or to the Consul of a neighbouring district for a visa.
The cost of the visa must be as low as possible, and must not
exceed the cost of issue, especially in the case of consignments
of small value.
9. The provisions of the present Article shall
apply to all documents used as certificates of origin.
Article 12. The documents known as "Consular
invoices" will not be required, unless their production is
necessary either to establish the origin of the goods imported
in cases where the origin may affect the conditions under which
the goods are admitted, or to ascertain the value of the latter
in the case of an ad valorem tariff, for the application
of which the commercial invoice would not suffice.
The form of Consular invoices shall be simplified
so as to obviate any intricacies or difficulties and to facilitate
the drawing up of these documents by the branch of trade concerned.
The cost of a visa for Consular invoices shall
be a fixed charge, which should be as low as possible; the number
of copies of any single invoice required shall not exceed three.
Article 13. Where the regime applicable to
any class of imported goods depends on the fulfilment of particular
technical conditions as to their constitution, purity, quality,
sanitary condition, district of production, or other similar matters,
the Contracting States will endeavour to conclude agreements under
which certificates, stamps or marks given or affixed in the exporting
country to guarantee the satisfaction of the said conditions will
be accepted without the goods being subjected to a second analysis
or other test in the country of importation, subject to special
guarantees to be taken where there is a presumption that the required
conditions are not fulfilled. The importing State should be afforded
every guarantee as to the authorities appointed to issue the certificates
and the nature and standard of the tests applied in the exporting
country. The Customs administrations of the importing State should
also retain the right to make a second analysis whenever there
are special reasons for doing so.
To facilitate the general adoption of such
agreements, it would be useful that they should indicate:
(a) The methods to be uniformly adopted by
all laboratories appointed to make analyses or other tests, these
methods being open to revision from time to time at the request
of one or more of the States parties to such agreements;
(b) The nature and standard of the tests to
be carried out in each of the States parties to such agreements,
due care being taken that the standard of purity required for
the various products is fixed in such a way as not to be tantamount
to virtual prohibition.
Article 14. The Contracting States shall consider
the most appropriate methods of simplifying and making more uniform
and reasonable, whether by means of individual or concerted action,
the formalities relating to the rapid passage of goods through
the Customs, the examination of travellers' luggage, the system
of goods in bond and warehousing charges, and the other matters
dealt with in the Annex to this Article.
In giving effect to this Article, the Contracting
States will extend favourable consideration to the recommendations
contained in that Annex.