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Laws & Regulations Database of The Republic of China (Taiwan)

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1.Signed on December 23, 1993 Entered into force on December 23, 1993.
 
ARTICLE 1
In order to strengthen the links of friendship and the economic
relations existing between the respective countries and more pa-
rticularly in order to promote temporary admission of goods in
favour of enterprises in the areas of competence of the signato-
ry associations, the undersigned guaranteeing associations have
agreed to organize by the present protocol a system of internat-
ional customs deposits for import duties chargeable on the temp-
orary admission of goods in the customs territories within their
areas of competence when such goods are covered by a customs ca-
rnet hereafter referred to as CPD/China-Taiwan carnet.
ARTICLE 2
The present protocol relates to the temporary admission of all
goods 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 commercial
samples and advertising material, signed in Geneva on 7 Novemb-
er 1952;
-Customs Convention on the temporary importation of professional
equipment, done at Brussels on 8 June 1961;
-Customs Convention concerning facilities of the importation of
goods for display or use at exhibitions, fairs, meetings or si-
milar events, done at Brussels on 8 June 1961;
-Customs Convention on the ATA Garnet for the temporary admissi-
on of goods (ATA Convention), done at Brussels on 6 December 19
61;
-all other international Conventions or agreements between cust-
oms administrations relating to temporary admission operations
under the laws and/or regulations applicable in the territory
of temporary admission.
The protocol will be implemented according to the rules laid d-
own:
-in the ATA convention,
-in the statement of the International Bureau of Chambers of Co-
mmerce of the International Chamber of Commerce and its implem-
enting directives-present and future,
-and in the present text.
The undersigned guaranteeing associations will undertake to pe-
rsuade their respective Customs Authorities to apply the opini-
ons and comments expressed by the PTC of Customs Cooperation C-
ouncil concerning the application of the ATA Convention. All m-
atters pertaining to the interpretation and implementation of
the Protocol shall be settled with the participation of the pa-
rties to the Protocol.
It is expressly agreed that the International Bureau of Chambe-
rs of Commerce of the International Chamber of Commerce will e-
nsure the implementation and the administration of the system
of international customs deposits established under the present
protocol.
ARTICLE 3*
For the purposes of the present protocol:
a) the term "import duties" means customs duties and all other
duties and taxes payable on or in connection with importation
and shall include all internal taxes and excise duties charg-
eable on imported goods, but shall not include fees and char-
ges which are limited in amount to the approximate cost of s-
ervices rendered and do not represent an indirect protection
to domestic products or a taxation ofimpprts for fiscal purp-
oses;
b) the term "temporary admission" means temporary importation f-
ree of import duties in accordance with the conditions laid
down 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 transit
of a party signatory of the present protocol to another cust-
oms office within the same territory, in accordance with the
conditions laid down in the national laws and regulations of
that contracting party;
d) the term "customs carnet" means the document hereinafter ref-
erred to as CPD/China-Taiwan carnet and reproduced as annex 1
to the present protocol of which it is an integral part;
e) the term "guaranteeing association" means a Chamber of Comme-
rce or an organization of Chambers of Commerce or an associa-
tion which
-has been approved by the customs authorities of its country to
guarantee payment of the import duties bwed to them in respect
of goods covered by CPD/China-Taiwan carnets, has joined the s-
ystem of international customs deposits implemented by the IBCC
of the ICC,
-has organized with the Chambers of Commerce of its area or with
other associations a national guarantee system enabling them to
deliver CPD/China-Taiwan carnets.
ARTICLE 4
The undersigned guaranteeing associations declare that the CPD/
China-Taiwan carnets issued under their responsibility are deli-
vered in accordance with the rules laid down in the ATA convent-
ion of 6 December 1961, and in the IBCC statement and its imple-
menting directives which have been published since the entry in-
to force of the said Convention.
The guaranteeing associations will keep each other informed of
the operations of temporary admission or transit in respect of
which they accept to guarantee CPD/China-Taiwan carnets.
ARTICLE 5
When they have been approved by their national customs authorit-
ies for the purpose of guaranteeing the payment of import duties
in respect of goods coming unddi the present protocol, the sign-
atories of the protocol shall guarantee the payment of import d-
uties in respect of goods dispatched by their nationals to coun-
tries covered by the said protocoli However, such approval which
can only be given to one guaranteeing association in each count-
ry shall only become effective upon provision by the said assoc-
iation of all the guarantees required by the IBCC and indicated
in the annexes to the present protocol, including payment of the
membership fee of the IBCC Chain.
In countries where there are exchange control regulations, the
guaranteeing associations shall not be entitled to give their g-
uarantee unless their exchange control office has undertaken to
authorize all transfers necessary for the settlement of debts c-
ontracted vis-a-vis other grananteeing associations on account
of such guarantees.
ARTICLE 6
The period of validity of the CPD/China-Taiwan carnet shall not
exceed one year as from the date of delivery of any carnet.
ARTICLE 7
The 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 8
The guarantee granted shall be surety for the payment of import
duties which would be due to the customs althorities of the tem-
porary admission territory in theevent of the goods introduced
into the said territory not being re-exported within the prescr-
ibed period. The guarantee shall further cover, up to 10% of the
amount of import duties, the payment of any other sums which wo-
uld have had to be deposited by the importer if there had been
no guarantee.
ARTICLE 9
When the goods covered by the guarantee granted by a signatory
of the present protocol duly approved in the country of origin
are introduced into a country where there is another signatory
of 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 same
conditions for one and the same product, as it passes through d-
ifferent countries.
ARTICLE 10
Should the merchandise covered by the guarantee not be duly re-
exported form the territory of temporary admission within the p-
rescribed period and thus become liable for import duties, the
approved guaranteeing association in the said territory shall p-
ay the import duties owed to the creditory customs administrati-
on.
The guaranteeing associations which will have thus settled the
import duties in respect of merchandise covered by the guarantee
shall 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 modaliti-
es laid down in Article IX of the IBCC Protocol annexed hereto.
ARTICLE 11
All questions relating to the interpretation of the provisions
of the said protocol will be submitted to the IBCC Steering Com-
mittee for decision.
ARTICLE 12
Any guaranteeing association infringing the provisions of the p-
resent protocol will be liable to be expelled form the system,
such expulsion to be decided by contracting parties jointly with
the IBCC Steering Committee.
ARTICLE 13
All differences, disputes or contestions between the undersigned
guaranteeing associations in connection with the implementation
of the provisions of the present protocol shall be finally sett-
led under the Rules of Conciliation and Arbitration of the Inte-
rnational Chamber of Commerce by one or more arbitrators appoin-
ted in accordance with such Rules.
ARTICLE 14
The present Protocol will enter into force on the date following
its signature by the two parties and the International Bureau of
Chambers of Commerce of the International Chamber of Commerce a-
nd will be valid for a period of 2 years. This period will be r-
enewable by tacit agreement, except if notice of termination is
given 3 months before the date of expiry by anyone party by mea-
ns of a registered letter with acknowledgment of receipt.

CONCLUDED IN TAIPEI ON DEC. 23 1993
GUARANTEEING ASSOCIATION FOR CHINA-TAIWAN
CHINA EXTERNAL TRADE DEVELOPMENT COUNCIL
[Signed] [Signed]
Mr. Ronie H. K. HUANG Mr. Sam S. M. LEE
Secretary General Deputy Secretary General

GUARANTEEING ASSOCIATION FOR SWEDEN
STOCKHOLM CHAMBER OF COMMERCE
[Signed] [Signed]
Mr. Frans-Henrik SCHARTAU Mr. Tell HERMANSON
Managing Director International Director

INTERNATIONAL CHAMBER OF COMMERCE
THE INTERNATIONAL BUREAU OF CHAMBERS OF COMMERCE OF THE INTERNA-
TIONAL CHAMBER OF COMMERCE
[Signed] [Signed]
Mr. Jean-Charles ROUHER Mr. AZain DESTOUCHES
Secretary General IBCC Administrative Director

Annexes:-Protocol on the organization of asystem of internation-
al customs deposits in respect of ATA Garnets
-Statement on the ATA System adopted by the IBCC
-Document No. 550-1/763 Rev. 2
-Model of CPD/China-Taiwan Garnet

* The following definitions are those given in Article 1 of the
ATA Convention except the definitions under paragraphs d) and
e).
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