PROTOCOL BETWEEN THE GUARANTEEING ASSOCIATIONS (*)
ARTICLE 1
The 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 admission
of goods in the customs territories within their areas of compe-
tence when such goods are covered by a customs carnet 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 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 importation
of goods for display or use at exhibitions, fairs, meetings or
similar 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 December
1961;
- 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 Chambers
of Commerce of the International Chamber of Commerce will en-
sure the implementation of the system of international customs
deposits 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 protocol
a) the term "import duties" means customs duties and all other
duties 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 of
services rendered and do not represent an indirect protection
to 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 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 organisation 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 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 or
with 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 4
The undersigned guaranteeing associations declare that CPD/China
-Taiwan
carnets 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 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 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 upon
provision by the said association of all the guarantees required
by 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, the
guaranteeing associations shall not be entitled to give their g-
uarantee unless their exchange control of fice has undertaken to
authorize all transfers necessary for the settlement of debts c-
ontracted vis-a-vis other guaranteeing 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 to the customs authorities of the tempora-
ry admission territory in the event of the goods introduced into
the said territory not being re-exported within the prescribed
period. The guarantee shall further cover, up to 10% of the amo-
unt of import duties, the payment of any other sums which would
have had to be deposited by the importer if there had no 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 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 pay
the 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 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 madaliti-
es laid down in Article xz 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 from the system,
such expulsion to be decided by contracting parties jointly with
the IBCC's Steering Committee.
ARTICLE 13
All 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 finally
settled under the Rules of Conciliation and Arbitration of the
International Chamber of Commerce by one or more arbitrators ap-
pointed in accordance with such Rules.
ARTICLE 14
The present Protocol is open for signature by the guaranteeing
associations 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 date
of its signature by the following concerned guaranteeing associ-
ations and the International Bureau of Chambers of Commerce of
the International Chamber of Commerce.
GUARANTEEING ASSOCIATIONS FOR THE 12 EEC MEMBER STATES
ELGIUM FED ERATION NATIONAL
DES CHAMBERES DE
COMMERCE ET
D'INDUSTRIE DE
BELGIQUE
Mr.
Function: [Signed]
DENMARK DANISH CHAMBER OF
COMMERCE
Mr.
Function: [Signed]
FRANCE CHAMBER DE
COMMERCE ET
D'INDUSTRIE DE PARIS
Mr.
Function: [Signed]
GREECE CHAMBER DE
COMMERCE ET
D'INDUSTRIE D'ATHENES
Mr.
Function: [Signed]
GERMANY DEUTSCHER
INDUSTRIE-UND
HANDELSTAG
Mr.
Function: [Signed]
IREAND THE DUBLIN CHAMBER
OF COMMERCE
Mr.
Function: [Signed]
ITALY UNIONE ITALIANA DELLE
CAMERE DI COMMERCIO,
INDUSTRIA,
ARTIGIANATO e
AGRICOLTURA
Mr.
Function: [Signed]
LUXEMBOURG CHAMBER DE
COMMERCE DU
GRAND DUCHE DE
LUXEMBOURG
Mr.
Function: [Signed]
THE NETHERLANDS KAMER VAN
KOOPHANDEL
EN FABRIEKEN
VOOR 'S-
GRAVENHAGE
Mr.
Function: [Signed]
PORTUGAL ASSOCIACAO COMERCIAL
DE LISBOA-CAMARA DE
COMERCIO E INDUSTRIA
PORTUGUESA
Mr.
Function: [Signed]
SPAIN CONSEJO SUPERIOR DE
LAS CAMARAS DE
COMMERCIO, INDUSTRIA
Y NAVEGACION
Mr.
Function: [Signed]
UNITED KINGDOM LONDON
CHAMBER OF
COMMERCE AND
INDUSTRY
Mr.
Function: [Signed]
INTERNATIONAL CHAMBER OF COMMERCE
THE INTERNATIONAL BUREAU OF CHAMBERS OF COMMERCE OF THE INTERNA-
TIONAL CHAMBER OF COMMERCE
Mr. JEAN-CHARLES ROUHER
function: SECRETARY GENERAL
[Signed]