沿革:
1.Signed on April 6, 2000;
Entered into force on May 16, 2000.
ORGANISATION OF A SYSTEM OF
INTERNATIONAL CUSTOMS DEPOSITS WITH
CHINA-TAIWAN FOR THE
TEMPORARY ADMISSION OF GOODS
PROTOCOL BETWEEN
OSLO CHAMBER OF COMMERCE
AND
CHINA EXTERNAL TRADE DEVELOPMENT COUNCIL
ARTICLE 1
The undersigned guaranteeing associations, the Oslo Chamber of
Commerce and the China External Trade Development Council (CETR-
A) have agreed to organise by the present Protocol a system of
international customs deposits for import duties chargeable on
the temporary admission of goods into their national customs te-
rritories when such goods are covered by a customs carnet hexei-
natter 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 terms a-
nd conditions 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 Garnet for the temporary admiss-
ion of goods (ATA Convention), done at Brussels on 6 December
1961;
- all other international Conventions or agreements between cus-
toms administrations relating to temporary admission operatio-
ns under the laws and/or regulations applicable in the nation-
al customs territories of temporary admission.
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 (IBCC) of the International Chamber of Commerce (ICC
) will ensure the implementation 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 importati-
on, and shall include all internal taxes and excise duties c-
hargeable on imported goods, but shall not include fees and
charges which are limited in amount to the approximate cost
of services rendered and do not represent an indirect prote-
ction to domestic products or a taxation of import for fiscal
purposes ;
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 associ-
ation 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 imple-
mented by the IBCC of the ICC,
- has organised with the Chambers of Commerce of its area or wi-
th other associations a national guarantee system enabling th-
em to deliver CPD/China-Taiwan carnets.
* The following definitions are those given in Aricle 1 of the
ATA Convention except the definitions under paragraphs d) and
e).
ARTICLE 4
The undersigned guaranteeing associations declare that CPD/China
-Taiwan comets issued under their responsibility are delivered
in accordance with the rules laid down in the ATA Convention of
6 December l96l, and in the IBCC statement and its implementing
directives which have been published since the entry into force
of the said Convention.
The guaranteeing associations will keep each other informed of
the operations of temporary admission or tansit in respect of w-
hich they agree 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 d-
uties in respect of goods entered under CPD/China-Taiwan carnets
into countries covered by the said Protocol.
However, such approval which can only be given to one guarantee-
ing association in eacn 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 Protocol
, including payment of the membership fee of the IBCC chain.
In countries where there are exchange control regulations,the g-
uaranteeing associations shall not be entitled to give their gu-
arantee unless their exchange control office 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 a CPD/China-Taiwan carnet shall not e-
xceed one year as from the date of issue of any carnet.
ARTlCLE 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 cusoms authorities of the temp-
orary admission territory in the event the goods introduced into
the said territory are not re-exported within the prescribed pe-
riod.
The guarantee shall further cover, up to a maximum of an additi-
onal l0% of import duties which may have been required to be pa-
id by the carnet holder if there had been no guarantee.
ARTlCLE 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 l0
Should the merchandise covered by the guarantee fail to be re-e-
xported from the national territory of temporary admission with-
in the prescribed period and thus become liable for import duti-
es, the approved guaranteeing association in the said territory
shall pay the import duties owed to the customs administration
of the national, territory of temporary admission.
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 reimburse tHe duties paid on behalf of the i-
mporter.
Such reimbursement shall be effected in conformity with the ter-
ms and conditions 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 shall be submitted to the IBCC Steering Co-
mmittee for decision.
ARTICLE 12
Any guaranteeing association infringing the provisions of the p-
resent Protocol may be expelled from the system, such expulsion
to be determined 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 provisions 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 RuLles.
ARTICLE 14
The present Protocol will enter into force on the date of its s-
ignature by the Oslo Chamber of Commerce and the CETRA and the
International. Bureau of Chambers of Commerce of the Internatio-
nal Chamber of Commerce.
GUARANTEEING ASSOCIATION FOR NORWAY
Oslo Chamber of Commerce
By: Mr.Tore B. Lauritzsen
Title: President
Signature:
Date : 2,June,1999
At:Oslo,Norway
GUARANTEEING ASSOCIATION FOR CHINA-TAIPEI
China External Trade Development Council
By: Mr. Ricky Y. S. Kao
Titie: Pl-esiden~
Signature:
Date:6,April,2000
At: Taipei
INTERNATIONAL CHAMBER OF COMMERCE
The International Bureau of Chambers of Commerce
of the International Chamber of Commerce
Ry: Maria Livanos Cattaui
Title: Secretary General
Signature:
Date:16,May,2000
At:Paris